" HOUSE OF REPRESENTATIVES ! 108TH CONGRESS

2nd Session 

REPORT

108–767

RONALD W. REAGAN NATIONAL DEFENSE 

AUTHORIZATION ACT FOR 

FISCAL YEAR 2005

CONFERENCE REPORT

TO ACCOMPANY

H.R. 4200

OCTOBER 8, 2004.—Ordered to be printed 


E:\Seals\Congress.#13
RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

96–273

" HOUSE OF REPRESENTATIVES ! 108TH CONGRESS

2nd Session 

REPORT

2004

108–767

RONALD W. REAGAN NATIONAL DEFENSE 

AUTHORIZATION ACT FOR 

FISCAL YEAR 2005

CONFERENCE REPORT

TO ACCOMPANY

H.R. 4200

OCTOBER 8, 2004.—Ordered to be printed


E:\Seals\Congress.#13
(III)

C O N T E N T S 

Page 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS ................. 2

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE ............................................................................................................. 393

SUMMARY STATEMENT OF CONFERENCE ACTIONS .................................. 393

Summary table of authorizations .................................................................... 393

TITLE I—PROCUREMENT .......................................................................................... 401

Procurement Overview .............................................................................. 401

Aircraft Procurement, Army Overview ............................................. 403

Missile Procurement, Army Overview .............................................. 407

Procurement of Weapons and Tracked Combat Vehicles, Army 

Overview .......................................................................................... 410

Procurement of Ammunition, Army Overview ................................ 414

Other Procurement, Army Overview ................................................ 419

Aircraft Procurement, Navy Overview ............................................. 431

Weapons Procurement, Navy Overview ........................................... 437

Procurement of Ammunition, Navy and Marine Corps Overview . 441

Shipbuilding and Conversion, Navy Overview ................................ 444

Other Procurement, Navy Overview ................................................ 447

Procurement, Marine Corps Overview ............................................. 458

Aircraft Procurement, Air Force Overview ...................................... 464

F/A–22 aircraft ................................................................................... 471

Procurement of Ammunition, Air Force Overview .......................... 471

Missile Procurement, Air Force Overview ....................................... 474

Other Procurement, Air Force Overview .......................................... 478

Procurement, Defense-Wide Overview ............................................. 485

Items of Special Interest .................................................................................. 493

Joint surveillance and target attack radar system re-engining ..... 493

Halvorsen loaders ............................................................................... 493

Legislative Provisions Adopted ........................................................................ 493

Subtitle A—Authorization of Appropriations .......................................... 493

Authorization of appropriations (sec. 101–104) ............................... 493

Subtitle B—Army Programs ..................................................................... 494

Multiyear procurement authority for the lightweight 155-millimeter howitzer program (sec. 111) ................................................ 494

Light utility helicopter program (sec. 112) ...................................... 494

Subtitle C—Navy Programs ..................................................................... 494

DDG—51 modernization program (sec. 121) .................................... 494

Repeal of authority for pilot program for flexible funding of cruiser conversions and overhauls (sec. 122) ........................................ 495

LHA (R) amphibious assault ship program (sec. 123) .................... 495

Subtitle D—Air Force Programs .............................................................. 495

Prohibition of retirement of KC–135E aircraft (sec. 131) ............... 495

Prohibition of retirement of F–117 aircraft (sec. 132) ..................... 495

Aerial refueling aircraft acquisition program (sec. 133) ................. 495

Subtitle E—Other Matters ....................................................................... 496

Development of deployable systems to include consideration of 

force protection in asymmetric threat environment (sec. 141) ... 496

Allocation of equipment authorized by this title to units deployed, or to be deployed to Operation Iraqi Freedom or Operation Enduring Freedom (sec. 142) ............................................... 496

Report on options for acquisition of precision-guided munitions 

(sec. 143) .......................................................................................... 497

Legislative Provisions Not Adopted ................................................................ 497

Page

IV

TITLE I—PROCUREMENT—Continued

Legislative Provisions Not Adopted—Continued

Up-armored high mobility multi-purpose wheeled vehicles or 

wheeled vehicle ballistic add-on armor protection ....................... 497

Command and control vehicles or field artillery ammunition support vehicles .................................................................................... 497

Other matters relating to KC–767 tanker aircraft acquisition 

program ........................................................................................... 497

Additional amount for Patriot missile procurement ....................... 498

Transfer of certain Army procurement funds .................................. 498

Pilot program for flexible funding of submarine engineered refueling overhaul and conversion .................................................... 498

Senior Scout mission bed-down initiative ........................................ 498

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ............................. 499

Research, Development, Test and Evaluation Overview ................ 499

Army ........................................................................................................... 501

Research, Development, Test and Evaluation, Army Overview ..... 501

Advanced battery technology initiative ............................................ 519

Medical technology applied research initiative ................................ 519

Lightweight Structures Initiative ..................................................... 519

Mobile tactical high energy laser ...................................................... 519

Navy ........................................................................................................... 520

Research, Development, Test and Evaluation, Navy Overview ..... 520

Littoral Combat Ship ......................................................................... 540

Land attack technology ...................................................................... 540

Open architecture ............................................................................... 541

Air Force .................................................................................................... 541

Research, Development, Test and Evaluation, Air Force Overview .................................................................................................. 541

Transformational satellite communications ..................................... 558

Space-based radar .............................................................................. 558

Space-based infrared system ............................................................. 559

Defense-Wide ............................................................................................. 560

Research, Development, Test and Evaluation, Defense-wide 

Overview .......................................................................................... 560

Chemical and biological defense basic research program ............... 577

Chemical and biological defense applied research program ........... 577

Stimulated isomer energy release ..................................................... 577

Combating terrorism technology support ......................................... 578

Chemical and biological defense program advanced technology 

development .................................................................................... 578

Airborne laser ..................................................................................... 579

Kinetic energy interceptor ................................................................. 579

Operationally responsive space ......................................................... 580

Test and Evaluation .................................................................................. 580

Operational Test and Evaluation, Defense Overview ..................... 580

Items of Special Interest .................................................................................. 582

Department of Defense—National Aeronautics and Space Administration coordination ..................................................................... 582

Enterprise Resource Planning for Army Combat Logistics ............ 582

Patriot air and missile defense system ............................................ 583

Russian-American missile defense cooperation ............................... 583

Legislative Provisions Adopted ........................................................................ 584

Subtitle A—Authorization of Appropriations .......................................... 584

Authorization of appropriations (sec. 201) ....................................... 584

Amount for defense science and technology (sec. 202) .................... 584

Subtitle B—Program Requirements, Restrictions, and Limitations ..... 584

Future Combat Systems program strategy (sec. 211) ..................... 584

Collaborative program for research and development of vacuum 

electronics technologies (sec. 212) ................................................. 585

Annual Comptroller General report on Joint Strike Fighter program (sec. 213) ................................................................................ 586

Amounts for U.S. Joint Forces Command to be derived only 

from Defense-wide accounts (sec. 214) .......................................... 586

Global Positioning System III satellite (sec. 215) ............................ 587

Initiation of concept demonstration of Global Hawk high altitude 

endurance unmanned aerial vehicle (sec. 216) ............................ 587

Joint unmanned combat air systems program (sec. 217) ................ 587

Page

V

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION—Continued

Legislative Provisions Adopted—Continued

Subtitle C—Missile Defense Programs .................................................... 587

Fielding of ballistic missile defense capabilities (sec. 231) ............. 587

Integration of Patriot Advanced Capability-3 and Medium Extended Air Defense System into ballistic missile defense system (sec. 232) .................................................................................. 588

Comptroller General assessments of ballistic missile defense programs (sec. 233) .............................................................................. 588

Baselines and operational test and evaluation for ballistic missile 

defense system (sec. 234) ............................................................... 589

Subtitle D—Other Matters ....................................................................... 589

Annual report on submarine technology insertion (sec. 241) ......... 589

Sense of the Congress regarding funding of the Advanced Shipbuilding Enterprise under the National Shipbuilding Research 

Program of the Navy (sec. 242) ..................................................... 589

Legislative Provisions Not Adopted ................................................................ 589

Program increases .............................................................................. 589

Joint Strike Fighter aircraft program .............................................. 591

Space based radar .............................................................................. 591

Mark-54 torpedo product improvement program ............................ 591

Infrastructure system security engineering development for the 

Navy ................................................................................................. 591

Neurotoxin Mitigation Research ....................................................... 592

Spiral development of Joint Threat Warning System maritime 

variants ........................................................................................... 592

Advanced ferrite antenna .................................................................. 592

Prototype littoral array system for operating submarines ............. 592

Advanced manufacturing technologies and radiation casualty research .............................................................................................. 593

Research and development for improved prevention of leishmaniasis: .................................................................................................. 593

TITLE III—OPERATION AND MAINTENANCE ............................................................ 595

Operation and Maintenance Overview ............................................. 595

Items of Special Interest .................................................................................. 642

Navy Marine Corps Intranet ............................................................. 642

Transforming the Department of the Army’s logistics maintenance information ........................................................................... 642

Legislative Provisions Adopted ........................................................................ 642

Subtitle A—Authorization of Appropriations .......................................... 642

Authorization of appropriations (secs. 301–303) ............................. 642

Chemical Agents and Munitions Destruction, Defense (sec. 303b) 642

Subtitle B—Environmental Provisions .................................................... 644

Satisfaction of Superfund audit requirements by the Inspector 

General of the Department of Defense (sec. 311) ........................ 644

Reimbursement of Environmental Protection Agency for certain 

costs in connection with Moses Lake Wellfield Superfund Site, 

Moses Lake, Washington (sec. 312) .............................................. 644

Increase in authorized amount of environmental remediation, 

Front Royal, Virginia (sec. 313) ..................................................... 644

Small Boat Harbor, Unalaska, Alaska (sec. 314) ............................ 644

Report regarding encroachment issues affecting Utah Test and 

Training Range, Utah (sec. 315) ................................................... 645

Comptroller General Study and report on Alternative Technologies to decontaminate groundwater at Department of Defense installations (sec. 316) .......................................................... 645

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

Carolina (sec. 317) .......................................................................... 645

Sense of Congress regarding perchlorate contamination of ground 

and surface water from Department of Defense activities (sec. 

318) .................................................................................................. 645

Subtitle C—Workplace and Depot Issues ................................................ 646

Simplification of annual reporting requirements concerning funds 

expended for depot maintenance and repair workloads (sec. 

321) .................................................................................................. 646

Repeal of annual reporting requirement concerning management 

of depot employees (sec. 322) ......................................................... 646

Page

VI

TITLE III—OPERATION AND MAINTENANCE—Continued

Legislative Provisions Adopted—Continued

Subtitle C—Workplace and Depot Issues—Continued

Extension of special treatment for certain expenditures incurred 

in the operation of Centers of Industrial and Technical Excellence (sec. 323) ................................................................................ 646

Temporary authority for contractor performance of securityguard functions (sec. 324) .............................................................. 647

Pilot program for purchase of certain municipal services for 

Army installation (sec. 325) ........................................................... 647

Bid protests by federal employees in actions under Office of 

Management and Budget Circular A–76 (sec. 326) ..................... 647

Limitations on conversion of work performed by Department of 

Defense civilian employees to contractor performance (sec. 

327) .................................................................................................. 648

Competitive sourcing reporting requirement (sec. 328) .................. 649

Subtitle D—Information Technology ....................................................... 649

Preparation of Department of Defense plan for transition to 

Internet Protocol version 6 (sec. 331) ........................................... 649

Defense business enterprise architecture, system accountability, 

and conditions for obligation of funds for defense business 

system modernization (sec. 332) .................................................... 650

Report on maturity and effectiveness of the Global Information 

Grid Bandwidth Expansion (GIG–BE) (sec. 333) ......................... 650

Subtitle E—Extensions of Program Authorities ..................................... 650

Two-year extension of Department of Defense telecommunications benefit (sec. 341) ................................................................ 650

Extension of Arsenal Support Program Initiative (sec. 342) .......... 651

Two-year extension of warranty claims recovery pilot program 

(sec. 343) .......................................................................................... 651

Subtitle F—Other Matters ....................................................................... 651

Reimbursement for certain protective, safety, or health equipment purchased by or for members of the Armed Forces deployed in contingency operations (sec. 351) .................................. 651

Limitation of preparation or implementation of Mid-Range Financial Improvement Plan pending report (sec. 352) .................. 653

Pilot program to authorize Army working-capital funded facilities 

to engage in cooperative activities with non-Army entities (sec. 

353) .................................................................................................. 653

Transfer of excess Department of Defense personal property to 

assist firefighting agencies (sec. 354) ............................................ 653

Legislative Provisions Not Adopted ................................................................ 654

Amount for One Source military counseling and referral hotline .. 654

Reduction in authorization for Air Force operations and maintenance ................................................................................................ 654

Family Readiness Program of the National Guard ......................... 654

Payment of certain private cleanup costs in connection with Defense Environmental Restoration Program .................................. 654

Public-private competition pilot program ......................................... 654

Establishment of joint program office to improve interoperability 

of battlefield management command and control systems ......... 655

Procurement of follow-on contracts for the operation of five 

Champion-class T–5 tank vessels .................................................. 656

Expansion of Department of Defense excess personal property 

disposal program to include health agencies ................................ 656

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS ............................................... 657

Legislative Provisions Adopted ........................................................................ 657

Subtitle A—Active Forces ......................................................................... 657

End strengths for active forces (sec. 401) ......................................... 657

Revision in permanent active duty end strength minimum levels 

(sec. 402) .......................................................................................... 657

Additional authority for increases of Army and Marine Corps 

active duty personnel end strengths for fiscal years 2005 

through 2009 (sec. 403) .................................................................. 658

Exclusion of service academy permanent and career professors 

from a limitation on certain officer grade strengths (sec. 404) ... 658

Subtitle B—Reserve Forces ...................................................................... 658

End strengths for Selected Reserve (sec. 411) ................................. 658

Page

VII

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS—Continued

Legislative Provisions Adopted—Continued

Subtitle B—Reserve Forces—Continued

End strengths for Reserves on active duty in support of the 

Reserves (sec. 412) .......................................................................... 659

End strengths for military technicians (dual status) (sec. 413) ..... 659

Fiscal year 2005 limitation on number of non-dual status technicians (sec. 414) ................................................................................ 660

Maximum number of Reserve personnel authorized to be on active duty for operational support (sec. 415) .................................. 660

Accounting and management of Reserve component personnel 

performing active duty or full-time National Guard duty for 

operational support (sec. 416) ........................................................ 661

Subtitle C—Authorization of Appropriations .......................................... 661

Military personnel (sec. 421) ............................................................. 661

Armed Forces Retirement Home (sec. 422) ...................................... 662

TITLE V—MILITARY PERSONNEL POLICY ................................................................ 663

Items of Special Interest .................................................................................. 663

Space cadre ......................................................................................... 663

Time for holding grade of general, admiral, lieutenant general, 

or vice admiral ................................................................................ 663

Legislative Provisions Adopted ........................................................................ 664

Subtitle A—Officer Personnel Policy ....................................................... 664

Transition of active-duty list officer force to a force of all regular 

officers (sec. 501) ............................................................................. 664

Repeal of requirement that Deputy Chiefs and Assistant Chiefs 

of Naval Operations be selected from officers in the line of 

the Navy (sec. 502) ......................................................................... 664

Limitations on number of officers frocked to major general and 

rear admiral (sec. 503) ................................................................... 664

Distribution in grade of Marine Corps Reserve officers in an 

active status in grades below brigadier general (sec. 504) .......... 665

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

(sec. 505) .......................................................................................... 665

Study regarding promotion eligibility of retired officers recalled 

to active duty (sec. 506) ................................................................. 665

Succession for office of Chief, National Guard Bureau (sec. 507) .. 665

Redesignation of Vice Chief of the National Guard Bureau as 

Director of the Joint Staff of the National Guard Bureau (sec. 

508) .................................................................................................. 666

Subtitle B—Reserve Component Policy Matters .................................... 666

Modification of stated purpose of the Reserve components (sec. 

511) .................................................................................................. 666

Homeland defense activities conducted by the National Guard 

under authority of title 32 (sec. 512) ............................................ 666

Commission on the National Guard and Reserves (sec. 513) ......... 666

Repeal of exclusion of active duty for training from authority 

to order Reserves to active duty (sec. 514) ................................... 667

Army program for assignment of Active component advisers to 

units of the Selected Reserve (sec. 515) ........................................ 667

Authority to accept certain voluntary services (sec. 516) ............... 667

Authority to redesignate the Naval Reserve as the Navy Reserve 

(sec. 517) .......................................................................................... 668

Comptroller General assessment of integration of Active and Reserve components of the Navy (sec. 518) ...................................... 668

Limitation on number of STARBASE academies in a State (sec. 

519) .................................................................................................. 668

Recognition items for certain Reserve component personnel (sec. 

520) .................................................................................................. 669

Subtitle C—Reserve Component Personnel Matters .............................. 669

Status under disability retirement system for Reserve members 

released from active duty due to inability to perform within 

30 days of call to active duty (sec. 521) ........................................ 669

Requirement for retention of Reserves on active duty to qualify 

for retired pay not applicable to nonregular service retirement 

system (sec. 522) ............................................................................. 669

Federal civil service military lease for Reserve and National 

Guard civilian technicians (sec. 523) ............................................ 669

Page

VIII

TITLE V—MILITARY PERSONNEL POLICY—Continued

Legislative Provisions Adopted—Continued

Subtitle C—Reserve Component Personnel Matters—Continued

Expanded educational assistance authority for officers commissioned through ROTC program at military junior colleges (sec. 

524) .................................................................................................. 669

Repeal of sunset provision for financial assistance program for 

students not eligible for advanced training (sec. 525) ................. 670

Effect of appointment or commission as officer on eligibility for 

selected Reserve education loan repayment program for enlisted members (sec. 526) ............................................................... 670

Educational assistance for certain Reserve component members 

who perform active service (sec. 527) ............................................ 670

Sense of Congress on guidance concerning treatment of employer-provided compensation and other benefits voluntarily 

provided to employees who are activated reservists (sec. 528) ... 671

Subtitle D—Joint Officer Management and Professional Military 

Education ................................................................................................ 671

Strategic plan to link joint officer development to overall missions and goals of Department of Defense (sec. 531) ................... 671

Improvement to professional military education in the Department of Defense (sec. 532) ............................................................. 672

Joint requirements for promotion to flag or general officer grade 

(sec. 533) .......................................................................................... 672

Clarification of tours of duty qualifying as a joint duty assignment (sec. 534) ................................................................................ 673

Two-year extension of temporary standard for promotion policy 

objectives for joint officers (sec. 535) ............................................. 673

Two-year extension of authority to waive requirement that Reserve Chiefs and National Guard Directors have significant 

joint duty experience (sec. 536) ..................................................... 673

Subtitle E—Military Service Academies ................................................. 673

Revision to conditions on service of officers as service academy 

superintendents (sec. 541) ............................................................. 673

Academic qualifications of the Dean of the Faculty of United 

States Air Force Academy (sec. 542) ............................................. 674

Board of Visitors of United States Air Force Academy (sec. 543) .. 674

Appropriated funds for service academy athletic and recreational 

extracurricular programs to be treated in same manner as 

for military morale, welfare, and recreation programs (sec. 

544) .................................................................................................. 675

Codification of prohibition on imposition of certain charges and 

fees at the service academies (sec. 545) ........................................ 675

Subtitle F—Other Education and Training Matters .............................. 675

College First delayed enlistment program (sec. 551) ...................... 675

Senior Reserve Officer Training Corps and recruiter access at 

institutions of higher education (sec. 552) .................................... 675

Tuition assistance for officers (sec. 553) ........................................... 676

Increased maximum period for leave of absence for pursuit of 

a program of education in a health care profession (sec. 554) .... 676

Eligibility of cadet and midshipmen for medical and dental care 

and disability benefits (sec. 555) ................................................... 676

Transfer of authority to confer degrees upon graduates of the 

Community College of the Air Force (sec. 556) ............................ 677

Change in titles of leadership positions at the Naval Postgraduate School (sec. 557) .............................................................. 677

Subtitle G—Assistance to Local Educational Agencies for Defense 

Dependents Educations ......................................................................... 677

Continuation of impact aid assistance on behalf of dependents 

of certain members despite change in status of member (sec. 

558) .................................................................................................. 677

Assistance to local educational agencies that benefit dependents 

of members of the Armed Forces and Department of Defense 

civilian employees (sec. 559) .......................................................... 678

Impact aid for children with severe disabilities (sec. 560) ............. 678

Subtitle H—Medals and Decorations and Special Promotions and 

Appointments ......................................................................................... 678

Page

IX

TITLE V—MILITARY PERSONNEL POLICY—Continued

Legislative Provisions Adopted—Continued

Subtitle H—Medals and Decorations and Special Promotions and 

Appointments—Continued

Award of medal of honor to individual interred in the Tomb 

of the Unknowns as representative of casualties of a war (sec. 

561) .................................................................................................. 678

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 (sec. 562) ............................ 678

Authority to appoint Brigadier General Charles E. Yeager, 

United States Air Force (retired), to the grade of major general 

on the retired list (sec. 563) ........................................................... 679

Posthumous commission of William Mitchell in the grade of 

major general in the Army (sec. 564) ............................................ 679

Subtitle I—Military Voting ....................................................................... 679

Federal write-in ballots for absentee military voters located in 

the United States (sec. 566) ........................................................... 679

Repeal of requirement to conduct electronic voting demonstration 

project for the federal election to be held in November 2004 

(sec. 567) .......................................................................................... 680

Reports on operation of Federal Voting Assistance Program and 

military postal system (sec. 568) ................................................... 680

Subtitle J—Military Justice Matters ....................................................... 681

Review on how sexual offenses are covered by Uniform Code 

of Military Justice (sec. 571) .......................................................... 681

Waiver of recoupment of time lost for confinement in connection 

with a trial (sec. 572) ..................................................................... 681

Processing of forensic evidence collection kits and acquisition 

of sufficient stocks of such kits (sec. 573) ..................................... 681

Authorities of the Judge Advocate General (sec. 574) .................... 682

Subtitle K—Sexual Assault in the Armed Forces .................................. 683

Examination of sexual assault in the Armed Forces by the defense task force established to examine sexual harassment and 

violence at the military service academies (sec. 576) .................. 683

Department of Defense policy and procedures on prevention and 

response to sexual assaults involving members of the Armed 

Forces (sec. 577) .............................................................................. 684

Subtitle L—Management and Administrative Matters ......................... 684

Three-year extension of limitation on reductions of personnel 

of agencies responsible for review and correction of military 

records (sec. 581) ............................................................................ 684

Staffing for Defense Prisoner of War/Missing Personnel Office 

(DPMO) (sec. 582) ........................................................................... 685

Permanent ID cards for retiree dependents age 75 and older 

(sec. 583) .......................................................................................... 685

Authority to provide civilian clothing to members traveling in 

connection with medical evacuation (sec. 584) ............................. 685

Authority to accept donation of frequent traveler miles, credits, 

and tickets to facilitate rest and recuperation travel of deployed members of the Armed Forces and their families (sec. 

585) .................................................................................................. 686

Annual report identifying reasons for discharge from the Armed 

Forces during preceding fiscal year (sec. 586) .............................. 686

Study of blended wing concept for the Air Force (sec. 587) ............ 686

Sense of Congress regarding return of members to active-duty 

service upon rehabilitation from service-related injuries (sec. 

588) .................................................................................................. 687

Subtitle M—Other Matters ...................................................................... 687

Protection of Armed Forces personnel from retaliatory actions 

for communications made through the chain of command (sec. 

591) .................................................................................................. 687

Implementation plan for accession of persons with specialized 

skills (sec. 592) ................................................................................ 687

Enhanced screening methods and process improvements for recruitment of home schooled and National Guard Challenge 

program GED recipients (sec. 593) ............................................... 688

Redesignation of National Guard Challenge Program as National 

Guard Youth Challenge Program (sec. 594) ................................. 689

Page

X

TITLE V—MILITARY PERSONNEL POLICY—Continued

Legislative Provisions Adopted—Continued

Subtitle M—Other Matters—Continued

Reports on certain milestones relating to Department of Defense 

transformation (sec. 595) ............................................................... 689

Report on issues relating to removal of remains of persons interred in United States military cemeteries overseas (sec. 596) 690

Comptroller General reports on closure of Department of Defense 

Dependent Elementary and Secondary Schools and commissary 

stores (sec. 597) ............................................................................... 690

Comptroller General report on transition assistance programs 

for members separating from the Armed Forces (sec. 598) ........ 691

Study on coordination of job training standards with certification 

standards for military occupational specialties (sec. 599) ........... 691

Legislative Provisions Not Adopted ................................................................ 691

Length of service for service chiefs ................................................... 691

Modification of conditions of eligibility for waiver of joint duty 

credit requirement for promotion to general or flag officer ........ 692

Management of joint specialty officers ............................................. 692

Increase in age limit for deferral of mandatory retirement for 

up to 10 senior general and flag officers ...................................... 692

Increased flexibility for voluntary retirement for military officers 692

Length of joint duty assignments ..................................................... 693

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) ........................................... 693

Revision to terms for assistants to the Chairman of the Joint 

Chiefs of Staff for National Guard and Reserve matters ............ 693

Repeal of distribution requirements for Naval Reserve flag officers ................................................................................................... 693

Authority for Reserve officers to quality as joint specialty officers ................................................................................................... 694

Ribbons to recognize completion of joint professional military 

education ......................................................................................... 694

Increase in number of private-sector civilians who may be enrolled for instruction at National Defense University ................. 694

Requirement for completion of phase I joint professional military 

education before promotion to colonel or Navy captain .............. 694

Reduced blood alcohol content limit for offense of drunken operation of a vehicle, aircraft, or vessel ............................................. 695

Prayer at military service academy activities ................................. 695

Establishment of college financial assistance program for District 

of Columbia National Guard ......................................................... 695

Separate military campaign medals to recognize service in Operation Enduring Freedom and service in Operation Iraqi Freedom .................................................................................................. 695

Redesignation of inactive-duty training to encompass operational 

and other duties performed by Reserves while in inactive duty 

status ............................................................................................... 695

Eligibility of all uniformed services personnel for National Defense Service Medal ........................................................................ 696

Repeal of unnecessary duty status distinction for funeral honors 

duty .................................................................................................. 696

Conforming amendments to other laws referring to inactive-duty 

training ............................................................................................ 696

Conforming amendments to other laws referring to funeral honors duty ........................................................................................... 696

Army combat recognition ribbon ....................................................... 696

Clarification of authority of military legal assistance counsel to 

provide military legal assistance without regard to licensing 

requirements ................................................................................... 697

Appearance of veterans service organizations at pre-separation 

counseling provided by the Department of Defense .................... 697

Limitation on amendment or cancellation of Department of Defense directive relating to reasonable access to military installations for certain personal commercial solicitation .................... 697

Employment preferences for spouses of certain Department of 

Defense civilian employees subject to relocation agreements ..... 698

Page

XI

TITLE V—MILITARY PERSONNEL POLICY—Continued

Legislative Provisions Not Adopted—Continued

Demonstration program on expanded use of Reserves to perform 

developmental testing, new equipment training, and related 

activities .......................................................................................... 698

Content of pre-separation counseling for personnel separating 

from active-duty service ................................................................. 698

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS ............................. 701

Legislative Provisions Adopted ........................................................................ 701

Subtitle A—Pay and Allowances .............................................................. 701

Increase in basic pay for fiscal year 2005 (sec. 601) ....................... 701

Relationship between eligibility to receive supplemental subsistence allowance and eligibility to receive imminent danger pay, 

family separation allowance, and certain federal assistance 

(sec. 602) .......................................................................................... 701

Authority to provide family separation basic allowance for housing (sec. 603) ................................................................................... 701

Geographic basis for housing allowance during short-assignment 

permanent changes of station for education or training (sec. 

604) .................................................................................................. 702

Immediate lump-sum reimbursement for unusual nonrecurring 

expenses incurred for duty outside the continental United 

States (sec. 605) .............................................................................. 702

Authority for certain members deployed in combat zones to receive limited advances on future basic pay (sec. 606) ................. 702

Repeal of requirement that members entitled to basic allowance 

for subsistence pay subsistence charges while hospitalized (sec. 

607) .................................................................................................. 702

Subtitle B—Bonuses and Special and Incentive Pays ............................ 703

One-year extension of certain bonus and special pay authorities 

for Reserve forces (sec. 611) ........................................................... 703

One-year extension of certain bonus and special pay authorities 

for certain health care professionals (sec. 612) ............................ 703

One-year extension of special pay and bonus authorities for nuclear officers (sec. 613) ................................................................... 703

One-year extension for other bonus and special pay authorities 

(sec. 614) .......................................................................................... 703

Authority to provide hazardous duty incentive pay to military 

firefighters (sec. 615) ...................................................................... 704

Reduced service obligation for nurses receiving nurse accession 

bonus (sec. 616) ............................................................................... 704

Assignment incentive pay (sec. 617) ................................................. 704

Modification of active and Reserve component reenlistment and 

enlistment bonus authorities (sec. 618) ........................................ 705

Bonus for certain initial service of officers in the Selected Reserve (sec. 619) ................................................................................ 705

Revision of authority to provide foreign language proficiency pay 

(sec. 620) .......................................................................................... 706

Eligibility of enlisted members to qualify for critical skills retention bonus while serving on indefinite reenlistment (sec. 621) .. 706

Eligibility of Reserve component members for incentive bonus 

for conversion to military occupational specialty to ease personnel shortage (sec. 622) .............................................................. 707

Permanent increase in authorized amounts for imminent danger 

special pay and family separation allowance (sec. 623) .............. 707

Subtitle C—Travel and Transportation Allowances ............................... 707

Travel and transportation allowances for family members to attend burial ceremony or memorial service of member who dies 

on duty (sec. 631) ............................................................................ 707

Transportation of family members incident to serious illness or 

injury of members of the uniformed services (sec. 632) .............. 707

Reimbursement for certain lodging costs incurred in connection 

with dependent student travel (sec. 633) ..................................... 708

Subtitle D—Retired Pay and Survivor Benefits ..................................... 708

Computation of high-36 month average for Reserve component 

members retired for disability while on active duty or dying 

while on active duty (sec. 641) ...................................................... 708

Page

XII 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Continued 

Legislative Provisions Adopted—Continued 

Subtitle D—Retired Pay and Survivor Benefits—Continued 

Repeal of phase-in of concurrent receipt of retired pay and veterans’ disability compensation for military retirees with service-connected disabilities rated as 100 percent (sec. 642) ........... 708 

Death benefits enhancement (sec. 643) ............................................ 708 

Phased elimination of two-tier annuity computation for surviving 

spouses under Survivor Benefit Plan (sec. 644) ........................... 709 

One-year open enrollment period for Survivor Benefit Plan commencing October 1, 2005 (sec. 645) ............................................... 709 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality 

Benefits ................................................................................................... 710 

Consolidation and reorganization of legislative provisions regarding defense commissary system and exchanges and other morale, welfare, and recreation activities (sec. 651) ......................... 710 

Consistent State treatment of Department of Defense Nonappropriated Fund Health Benefits Program (sec. 652) ............. 711 

Subtitle F—Other Matters ....................................................................... 711 

Eligibility of members for reimbursement of expenses incurred 

for adoption placements made by foreign governments (sec. 

661) .................................................................................................. 711 

Clarification of education loans qualifying for education loan repayment program for Reserve component health professions 

officers (sec. 662) ............................................................................. 711 

Receipt of pay by reservists from civilian employers while on 

active duty in connection with a contingency operation (sec. 

663) .................................................................................................. 711 

Relief for mobilized reservists from certain federal agricultural 

loan obligations (sec. 664) .............................................................. 712 

Survey and analysis of effect of extended and frequent mobilization of reservists for active-duty service on reservist income 

(sec. 665) .......................................................................................... 712 

Study of disability benefits for veterans of service in the Armed 

Forces with service-connected disabilities (sec. 666) ................... 712 

Legislative Provisions Not Adopted ................................................................ 713 

Income replacement payments for Reserves experiencing extended mobilization for active-duty service .................................. 713 

Increase in maximum monthly rate authorized for hardship duty 

pay ................................................................................................... 713 

Source of funds for survivor Benefit Plan annuities for Department of Defense beneficiaries over age 62 ................................... 713 

Cooperation and assistance for qualified scouting organizations 

serving dependents of members of the Armed Forces and civilian employees overseas .................................................................. 714 

Child care for children of members of Armed Forces on active 

duty for Operation Enduring Freedom or Operation Iraqi Freedom .................................................................................................. 714 

TITLE VII—HEALTH CARE PROVISIONS ................................................................... 715 

Subtitle A—Enhanced Benefits for Reserves .......................................... 715 

TRICARE coverage for members of Reserve components who 

commit to continued service in the Selected Reserve after release from active duty (sec. 701) ................................................... 715 

Comptroller General report on the cost and feasibility of providing private health insurance stipends for members of the 

Ready Reserves (sec. 702) .............................................................. 716 

Permanent earlier eligibility date for TRICARE benefits for 

members of Reserve components and their dependents (sec. 

703) .................................................................................................. 716 

Waiver of certain deductibles under TRICARE program for members on active duty for a period of more than 30 days (sec. 

704) .................................................................................................. 716 

Authority for payment by United States of additional amounts 

billed by health care providers to activated Reserves (sec. 705) 716 

Permanent extension of transitional health care benefits and 

addition of requirement for pre-separation physical examination (sec. 706) .................................................................................. 716 

Subtitle B—Other Benefits Improvements ............................................. 717 

Page

XIII 

TITLE VII—HEALTH CARE PROVISIONS—Continued 

Subtitle B—Other Benefits Improvements—Continued 

Opportunity for young child dependent of deceased member to 

become eligible for enrollment in a TRICARE dental plan (sec. 

711) .................................................................................................. 717 

Comptroller General report on provision of health, education, 

and support services for Exceptional Family Member Program 

enrollees (sec. 712) .......................................................................... 717 

Continuation of sub-acute care for transition period (sec. 713) ..... 718 

Improvements to pharmacy benefits program (sec. 714) ................ 718 

Professional accreditation of military dentists (sec. 715) ............... 718 

Temporary authority for waiver of collection of payments due 

for CHAMPUS benefits received by disabled persons unaware 

of loss of CHAMPUS eligibility (sec. 716) .................................... 718 

Services of marriage and family therapists (sec. 717) .................... 719 

Chiropractic health care benefits advisory committee (sec. 718) ... 719 

Subtitle C—Planning, Programming, and Management ........................ 719 

Pilot program for health care delivery (sec. 721) ............................ 719 

Study of provision of travel reimbursement to hospitals for certain military disability retirees (sec. 722) .................................... 720 

Study of mental health services (sec. 723) ....................................... 720 

Policy for timely notification of next of kin of members seriously 

ill or injured in combat zones (sec. 724) ....................................... 720 

Revised funding methodology for military retiree health care benefits (sec. 725) ................................................................................. 721 

Grounds for presidential waiver of requirement for informed consent or option to refuse regarding administration of drugs not 

approved for general use (sec. 726) ............................................... 721 

TRICARE program regional directors (sec. 727) ............................. 721 

Subtitle D—Medical Readiness Tracking and Health Surveillance ...... 722 

Medical readiness plan and Joint Medical Readiness Oversight 

Committee (sec. 731) ...................................................................... 722 

Medical readiness of Reserves (sec. 732) .......................................... 723 

Baseline health data collection program (sec. 733) ......................... 723 

Medical care and tracking and health surveillance in the theater 

of operations (sec. 734) ................................................................... 724 

Declassification of information on exposures to environmental 

hazards (sec. 735) ........................................................................... 724 

Report on training on environmental hazards (sec. 736) ................ 724 

Uniform policy for meeting mobilization-related medical care 

needs at military installations (sec. 737) ...................................... 725 

Full implementation of Medical Readiness Tracking and Health 

Surveillance Program and Force Health Protection and Readiness Program (sec. 738) ................................................................. 725 

Reports and Internet accessibility relating to health matters (sec. 

739) .................................................................................................. 725 

Legislative Provisions Not Adopted ................................................................ 726 

Demonstration project on health benefits for Reserves .................. 726 

Continuation of non-TRICARE health benefits plan coverage for 

certain Reserves called or ordered to active duty and their 

dependents ...................................................................................... 727 

Exceptional eligibility for TRICARE Prime Remote ....................... 727 

Addition of certain unremarried former spouses to persons eligible for dental insurance plan of retirees of the uniformed services ................................................................................................... 727 

Vaccine Healthcare Centers Network .............................................. 727 

Use of Department of Defense funds for abortion ........................... 728 

United States Military Cancer Institute .......................................... 728 

Use of civilian experts as consultants .............................................. 728 

TITLE VII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

MATTERS ................................................................................................................ 729 

Legislative Provisions Adopted ........................................................................ 729 

Subtitle A—Acquisition Policy and Management ................................... 729 

Software-related program costs under major defense acquisition 

programs (sec. 801) ......................................................................... 729 

Internal controls for Department of Defense procurements 

through General Services Administration Client Support Centers (sec. 802) .................................................................................. 729 

Page

XIV

TITLE VII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

MATTERS—Continued

Legislative Provisions Adopted—Continued

Subtitle A—Acquisition Policy and Management—Continued

Defense commercial communications satellite services procurement process (sec. 803) ................................................................... 730

Contractor performance of acquisition functions closely associated with inherently governmental functions (sec. 804) ............. 730

Sustainment plans for existing systems while replacement systems are under development (sec. 805) ........................................ 730

Applicability of competition exceptions to eligibility of National 

Guard for financial assistance for performance of additional 

duties (sec. 806) .............................................................................. 730

Inflation adjustment of acquisition-related dollar thresholds (sec. 

807) .................................................................................................. 731

Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations .......................................................................... 731

Rapid acquisition authority to respond to combat emergencies 

(sec. 811) .......................................................................................... 731

Defense acquisition workforce improvements (sec. 812) ................. 731

Period for multiyear task and delivery order contracts (sec. 813) . 732

Funding for contract ceilings for certain multiyear procurement 

contracts (sec. 814) ......................................................................... 732

Increased threshold for senior procurement executive approval 

of use of procedures other than competitive procedures (sec. 

815) .................................................................................................. 732

Increased threshold for applicability of requirement for defense 

contractors to provide information on subcontracting authority 

of contractor personnel to cooperative agreement holders (sec. 

816) .................................................................................................. 732

Extension of authority for use of simplified acquisition procedures (sec. 817) ............................................................................... 733

Submission of cost or pricing data on noncommercial modifications of commercial items (sec. 818) .............................................. 733

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

(sec. 819) .......................................................................................... 733

Availability of Federal supply schedule supplies and services to 

United Service Organizations, Incorporated (sec. 820) ............... 733

Addition of landscaping and pest control services to list of designated industry groups participating in the small business 

competitiveness demonstration program (sec. 821) ..................... 733

Increased thresholds under special emergency procurement authority (sec. 822) ............................................................................. 734

Subtitle C—United States Defense Industrial Base Provisions ............ 734

Defense trade reciprocity (sec. 831) .................................................. 734

Assessment and report on the acquisition of polyacrylonitrile 

(PAN) carbon fiber from foreign sources (sec. 832) ...................... 734

Subtitle D—Extensions of Temporary Program Authorities ................. 734

Extension of mentor-protege program (sec. 841) ............................. 734

Amendment to mentor-protege program (sec. 842) ......................... 735

Extension of test program for negotiation of comprehensive small 

business subcontracting plans (sec. 843) ...................................... 735

Extension of pilot program on sales of manufactured articles 

and services of certain Army industrial facilities (sec. 844) ....... 735

Subtitle E—Other Acquisition Matters ................................................... 735

Review and demonstration project relating to contractor employees (sec. 851) ................................................................................... 735

Inapplicability of certain fiscal laws to settlements under special 

temporary contract closeout authority (sec. 852) ......................... 736

Contracting with employers of persons with disabilities (sec. 

853) .................................................................................................. 736

Defense procurements made through contracts of other agencies 

(sec. 854) .......................................................................................... 736

Requirements relating to source selection for integrated support 

of aerial refueling aircraft fleet for the Air Force (sec. 855) ....... 737

Legislative Provisions Not Adopted ................................................................ 738

Responsibilities of acquisition executives and chief information 

officers under the Clinger-Cohen Act ............................................ 738

Page

XV

TITLE VII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

MATTERS—Continued

Legislative Provisions Not Adopted—Continued

Revision and extension of authority for advisory panel on review 

of government procurement laws and regulations ....................... 739

Amendments to domestic source requirements ............................... 739

Grant program for defense contractors to implement strategies 

to avoid outsourcing of jobs ........................................................... 739

Preference for domestic freight forwarding services ....................... 739

Sense of the Senate of effects of cost inflation on the value 

of the contracts to which a small business contract reservation 

applies ............................................................................................. 740

Extension of contract goal for small disadvantaged business and 

certain institutions of higher education ........................................ 740

Defense acquisition workforce limitations ....................................... 740

Provision of information to Congress to enhance transparency 

in contracting .................................................................................. 740

Requirement to treat sureties in same manner as financing institutions when contractors default ................................................... 741

Provisions relating to creation of jobs in the United States by 

defense contractors ......................................................................... 741

Commission on the future of the national technology and industrial base ......................................................................................... 741

Waiver authority for domestic source or content requirements ..... 741

Consistency with United States obligations under trade agreements ............................................................................................... 741

Repeal of certain requirements and limitations relating to the 

defense industrial base .................................................................. 741

Report on contractor performance of security, intelligence, law 

enforcement, and criminal justice functions in Iraq .................... 742

Accreditation study of commercial, off-the-shelf processes for 

evaluating information technology products and services .......... 742

Energy savings performance contracts ............................................. 742

Comptroller General analysis of use of transitional benefit corporations in connection with competitive sourcing of performance of Department of Defense activities and functions ............. 742

Study of effect on defense industrial base of elimination of 

United States domestic firearms manufacturing base ................ 742

Determination of whether private air carriers are controlled by 

United States citizens for purposes of eligibility for government 

contracts for transportation of passengers or supplies ................ 743

Report on offset requirements under certain contracts .................. 743

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT ........... 745

Legislative Provisions Adopted ........................................................................ 745

Subtitle A—Duties and Functions of Department of Defense ............... 745

Study of roles and authorities of the Director of Defense Research and Engineering (sec. 901) ................................................ 745

Change of membership of specified council (sec. 902) ..................... 745

Subtitle B—Space Activities ..................................................................... 745

Space posture review (sec. 911) ........................................................ 745

Panel on the future of national security space launch (sec. 912) ... 746

Operationally responsive national security satellites (sec. 913) .... 746

Nondisclosure of certain products of commercial satellite operations (sec. 914) .............................................................................. 746

Subtitle C—Intelligence-Related Matters ............................................... 747

Two-year extension of authority of the Secretary of Defense to 

engage in commercial activities as security for intelligence collection activities abroad (sec. 921) ................................................ 747

Pilot program on cryptologic service training (sec. 922) ................. 747

Subtitle D—Other Matters ....................................................................... 747

Strategic plan for destruction of lethal Chemical Agents and 

Munitions Stockpile (sec. 931) ....................................................... 747

Secretary of Defense criteria for and guidance on identification 

and internal transmission of critical information (sec. 932) ....... 747

Legislative Provisions Not Adopted ................................................................ 748

Change in title of Secretary of the Navy to Secretary of the 

Navy and Marine Corps ................................................................. 748

Page

XVI

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT—Continued

Legislative Provisions Not Adopted—Continued

Transfer of Center for the Study of Chinese Military Affairs 

from the National Defense University to United States-China 

Economic and Security Review Commission ................................ 748

Transfer to Secretary of the Army responsibility for Assembled 

Chemical Weapons Alternatives program. ................................... 748

Modification of obligated service requirements under National 

Security Education Program .......................................................... 749

Responses to congressional inquiries ................................................ 749

Directors of Small Business Programs ............................................. 750

TITLE X—GENERAL PROVISIONS .............................................................................. 751

Items of Special Interest .................................................................................. 751

Coordination of Department of Defense Homeland Defense/

Homeland Security Initiative in Support of First Responders ... 751

Legislative Provisions Adopted ........................................................................ 751

Subtitle A—Financial Matters ................................................................. 751

Transfer Authority (sec. 1001) .......................................................... 751

United States contribution to NATO common-funded budgets in 

fiscal year 2005 (sec. 1002) ............................................................ 751

Budget justification documents for operation and maintenance 

(sec. 1003) ........................................................................................ 752

Licensing of intellectual property (sec. 1004) .................................. 752

Repeal of funding restrictions concerning development of medical 

countermeasures against biological warfare threats (sec. 1005) 753

Report on budgeting for exchange rates for foreign currency fluctuations (sec. 1006) ......................................................................... 753

Fiscal year 2004 transfer authority (sec. 1007) ............................... 753

Clarification of fiscal year 2004 funding level for a National 

Institute of Standards and Technology account (sec. 1008) ........ 753

Notification of fund transfers from working capital funds (sec. 

1009) ................................................................................................ 754

Charges for Defense Logistics Information Services materials 

(sec. 1010) ........................................................................................ 754

Subtitle B—Naval Vessels and Shipyards .............................................. 754

Authority for award of contracts for ship dismantling on netcost basis (sec. 1011) ...................................................................... 754

Use of proceeds from exchange and sale of obsolete Navy service 

craft and boats (sec. 1012) ............................................................. 754

Transfer of Naval vessels to certain foreign recipients (sec. 1013) 754

Independent study to assess cost-effectiveness of the Navy ship 

construction program (sec. 1014) ................................................... 755

Limitation on disposal of obsolete naval vessel (sec. 1015) ............ 756

Subtitle C—Counterdrug Matters ............................................................ 756

Use of funds for unified counterdrug and counterterrorism campaign in Colombia (sec. 1021) ........................................................ 756

Sense of Congress and report regarding counter-drug efforts in 

Afghanistan (sec. 1022) .................................................................. 756

Sutitle D—Matters Relating to Museums and Commemorations ......... 758

Recognition of the Liberty Memorial Museum, Kansas City, Missouri, as America’s National World War I Museum (sec. 1031) . 758

Program to Commemorate 60th Anniversary of World War II 

(sec. 1032) ........................................................................................ 758

Annual report on Department of Defense operation and financial 

support for military museums (sec. 1033) .................................... 758

Subtitle E—Reports [Not Provided for Elsewhere] ................................ 758

Quarterly detailed accounting for operations conducted as part 

of the global war on terrorism (sec. 1041) .................................... 758

Report on post-major combat operations phase of Operation Iraqi 

Freedom (sec. 1042) ........................................................................ 759

Report on training provided to members of the Armed Forces 

to prepare for post-conflict operations (sec. 1043) ....................... 759

Report on establishing national centers of excellence for unmanned aerial and ground vehicles (sec. 1044) ........................... 759

Study of continued requirement for two-crew manning for ballistic missile submarines (sec. 1045) ............................................. 759

Report on Department of Defense programs for prepositioning 

of materiel and equipment (sec. 1046) .......................................... 760

Page

XVII

TITLE X—GENERAL PROVISIONS—Continued

Legislative Provisions Adopted—Continued

Subtitle E—Reports [Not Provided for Elsewhere]—Continued

Report on al Qaeda activity in the Western Hemisphere (sec. 

1047) ................................................................................................ 760

Subtitle F—Defense Against Terrorism [and Other Domestic Security 

Matters] .................................................................................................. 760

Acceptance of communications equipment provided by local public safety agencies (sec. 1051) ........................................................ 760

Determination and report on full-time airlift support for homeland defense operations (sec. 1052) ............................................... 760

Survivability of critical systems exposed to chemical or biological 

contamination (sec. 1053) .............................................................. 761

Subtitle G—Personnel Security Matters ................................................. 761

Use of National Driver Register for personnel security investigations and determinations (sec. 1061) ............................................ 761

Standards for disqualification from eligibility for Department of 

Defense security clearance (sec. 1062) .......................................... 761

Subtitle H—Transportation-Related Matters ......................................... 761

Use of military aircraft to transport mail to and from overseas 

locations (sec. 1071) ........................................................................ 761

Reorganization and clarification of certain provisions relating to 

control and supervision of transportation within the Department of Defense (sec. 1072) ........................................................... 762

Evaluation of procurement practices relating to transportation 

of security-sensitive cargo (sec. 1073) ........................................... 762

Subtitle I—Other Matters ........................................................................ 762

Liability protection for Department of Defense volunteers working in maritime environment (sec. 1081) ...................................... 762

Sense of the Congress concerning media coverage of the return 

to the United States of the remains of deceased members of 

the Armed Forces from overseas (sec. 1082) ................................ 763

Transfer of historic F3A–1 Brewster Corsair aircraft (sec. 1083) .. 763

Technical and clerical amendments (sec. 1084) ............................... 764

Preservation of search and rescue capabilities of the Federal 

Government (sec. 1085) .................................................................. 764

Acquisition of aerial firefighting equipment for National Interagency Fire Center (sec. 1086) ...................................................... 764

Revision to requirements for recognition of institutions of higher 

education as Hispanic-serving institutions for purposes of certain grants and contracts (sec. 1087) ............................................ 764

Military extraterritorial jurisdiction over contractors supporting 

defense missions overseas (sec. 1088) ........................................... 765

Definition of United States for purposes of Federal crime of 

torture (sec. 1089) ........................................................................... 765

Energy savings performance contracts (sec. 1090) .......................... 765

Sense of Congress and policy concerning persons detained by 

the United States (sec. 1091–1093) ............................................... 765

Findings and sense of Congress concerning Army Specialist Joseph Darby (sec. 1094) ................................................................... 767

Legislative Provisions Not Adopted ................................................................ 767

Reduction in overall authorization due to inflation savings ........... 767

Authority to waive claims of the United States when amounts 

recoverable are less than costs of collection ................................. 767

Report on amounts remitted and reimbursed during fiscal year 

2004 under section 1007 of Public Law 108–136 ......................... 767

Limitation on leasing of foreign-built vessels .................................. 768

Report on availability of potential overland ballistic missile defense test ranges ............................................................................. 768

Sense of Congress on space launch ranges ...................................... 769

Compensation for former prisoners of war ...................................... 769

Phased implementation of new program for transporting household goods of members of the Armed Forces ................................ 769

Repeal of quarterly reporting requirement concerning payments 

for District of Columbia water and sewer services and establishment of annual report by Treasury ......................................... 769

Assistance for study of feasibility of biennial international air 

trade show in the United States and for initial implementation ................................................................................................... 770

Page

XVIII

TITLE X—GENERAL PROVISIONS—Continued

Legislative Provisions Not Adopted—Continued

Commission on the long-term implementation of the new strategic posture of the United States ................................................. 770

Grant of federal charter to Korean War Veterans Association, 

Incorporated .................................................................................... 770

Assignment of members to assist Bureau of Border Security and 

Bureau of Citizenship and Immigration Services of the Department of Homeland Security ........................................................... 770

Sense of the Senate on American Forces Radio and Television 

Service ............................................................................................. 771

Extension of scope and jurisdiction for current fraud offenses ...... 771

Broadcast Decency Enforcement Act of 2004 ................................... 771

Local Law Enforcement Enhancement Act of 2004 ......................... 771

TITLE XI—CIVILIAN PERSONNEL MATTERS ............................................................. 773

Items of Special Interest .................................................................................. 773

Fort Meade—work related illnesses ................................................. 773

Legislative Provisions Adopted ........................................................................ 773

Payment of Federal employee health benefit premiums for mobilized Federal employees (sec. 1101) .............................................. 773

Foreign language proficiency pay (sec. 1102) .................................. 773

Pay and performance appraisal parity for civilian intelligence 

personnel (sec. 1103) ...................................................................... 773

Pay parity for senior executive in defense nonappropriated fund 

instrumentalities (sec. 1104) ......................................................... 774

Science, mathematics and research for transformation (SMART) 

defense scholarship pilot program (sec. 1105) .............................. 774

Report on how to recruit and retain individuals with foreign 

language skills (sec. 1106) ............................................................. 774

Plan on implementation and utilization of flexible personnel 

management authorities in Department of Defense laboratories 

(sec. 1107) ........................................................................................ 775

Legislative Provisions Not Adopted ................................................................ 776

Accumulation of annual leave by intelligence senior-level employees .................................................................................................... 776

Prohibition of unauthorized wearing or use of civilian medals 

or decorations .................................................................................. 776

TITLE XII—MATTERS RELATING TO OTHER NATIONS ............................................ 777

Legislative Provisions Adopted ........................................................................ 777

Subtitle A—Matters Relating to Iraq, Afghanistan, and Global War 

on Terrorism ........................................................................................... 777

Commanders’ Emergency Response Program (sec. 1201) ............... 777

Assistance to Iraq and Afghanistan military and security forces 

(sec. 1202) ........................................................................................ 777

Redesignation and modification of authorities relating to Inspector General of the Coalition Provisional Authority (sec. 1203) ... 778

Presidential report on strategy for the stabilization of Iraq (sec. 

1204) ................................................................................................ 778

Guidance on contractors supporting deployed forces in Iraq (sec. 

1205) ................................................................................................ 779

Report on contractors supporting deployed forces and reconstruction efforts in Iraq (sec. 1206) ....................................................... 780

United Nations Oil-for-Food Program (sec. 1207) ........................... 780

Support of military operations to combat terrorism (sec. 1208) ..... 781

Report on al Qaeda activity in the Western Hemisphere (sec. 

1209) ................................................................................................ 781

Subtitle B—Counterproliferation Matters ............................................... 782

Defense international counterproliferation programs (sec. 1211) .. 782

Policy and sense of Congress on nonproliferation of ballistic missiles (sec. 1212) ............................................................................... 782

Sense of Congress on the Global Partnership against the Spread 

of Weapons of Mass Destruction (sec. 1213) ................................ 782

Report on collaboration to reduce the risks of a launch of Russian 

nuclear weapons (sec. 1214) .......................................................... 783

Subtitle C—Other Matters ....................................................................... 783

Authority for humanitarian assistance for the detection and 

clearance of landmines extended to include other explosive 

remnants of war (sec. 1221) ........................................................... 783

Page

XIX

TITLE XII—MATTERS RELATING TO OTHER NATIONS—Continued

Legislative Provisions Adopted—Continued

Subtitle C—Other Matters—Continued

Expansion of entities of People’s Republic of China subject to 

certain Presidential authorities when operating in the United 

States (sec. 1222) ............................................................................ 784

Assignment of NATO naval personnel to submarine safety programs (sec. 1223) ............................................................................ 784

Availability of Warsaw Initiative Funds for new NATO Members 

(sec. 1224) ........................................................................................ 784

Bilateral exchanges and trade in defense articles and defense 

services between the United States and the United Kingdom 

and Australia (sec. 1225) ............................................................... 785

Study on Missile Defense Cooperation (sec. 1226) .......................... 785

Legislative Provisions Not Adopted ................................................................ 785

Documentation of conditions in Iraq under former dictatorial 

government as part of transition to post-dictatorial government ................................................................................................. 785

Sense of Congress regarding limitation on use of funds for the 

reconstruction of Iraq ..................................................................... 786

Sense of Congress on destruction of Abu Ghraib prison in Iraq .... 786

Report on Global Peace Operations Initiative ................................. 786

Procurement sanctions against certain foreign persons that 

transfer certain defense articles and services to the People’s 

Republic of China ........................................................................... 786

Military educational exchanges between senior officers and officials of the United States and Taiwan ......................................... 787

Definitions under Arms Export Control Act .................................... 787

Exemption from licensing requirements for export of significant 

military equipment ......................................................................... 787

Cooperative projects with friendly foreign countries ...................... 787

Control of exports of United States weapons technology to the 

People’s Republic of China ............................................................. 787

Licensing requirement for export of militarily critical technologies ............................................................................................ 787

Strengthening international export controls .................................... 788

Defense counterproliferation fellowship program ............................ 788

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER

SOVIET UNION ....................................................................................................... 789

Legislative Provisions Adopted ........................................................................ 789

Specification of Cooperative Threat Reduction programs and 

funds (sec. 1301) ............................................................................. 789

Funding allocations (sec. 1302) ......................................................... 789

Temporary authority to waive limitation on funding for chemical 

weapons destruction facility in Russia (sec. 1303) ...................... 789

Inclusion of descriptive summaries in annual Cooperative Threat 

Reduction reports and budget justification materials (sec. 

1304) ................................................................................................ 790

TITLE XIV—SUNKEN MILITARY CRAFT ................................................................... 791

Legislative Provisions Adopted ........................................................................ 791

Sunken military craft (sec. 1401–1408) ............................................ 791

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI

FREEDOM AND OPERATION ENDURING FREEDOM ................................................ 793

Overview ............................................................................................. 793

Summary table of authorization ....................................................... 793

Legislative Provisions Adopted ........................................................................ 802

Purpose (sec. 1501) ............................................................................. 802

Army Procurement (sec. 1502) .......................................................... 802

Navy and Marine Corps Procurement (sec. 1503) ........................... 802

Defense-wide activities procurement (sec. 1504) ............................. 802

Operation and maintenance (sec. 1505) ........................................... 802

Defense working capital funds (sec. 1506) ....................................... 803

Iraq Freedom Fund (sec. 1507) ......................................................... 803

Defense health program (sec. 1508) .................................................. 803

Military personnel (sec. 1509) ........................................................... 803

Treatment as additional authorizations (sec. 1510) ........................ 803

Transfer authority (sec. 1511) ........................................................... 804

Legislative Provisions Not Adopted ................................................................ 804

Page

XX

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI

FREEDOM AND OPERATION ENDURING FREEDOM—Continued

Legislative Provisions Not Adopted—Continued

Procurement, Air Force ..................................................................... 804

Designation of Emergency Authorization ........................................ 804

Three-year increase in active Army strength levels ........................ 804

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS ................... 807

Overview ............................................................................................. 807

Short title (sec. 2001) ......................................................................... 826

TITLE XXI—ARMY .................................................................................................... 827

Overview ............................................................................................. 827

Legislative Provisions Adopted ........................................................................ 827

Authorized Army construction and land acquisition projects (sec. 

2101) ................................................................................................ 827

Family housing (sec. 2102) ................................................................ 827

Improvements to military family housing units (sec. 2103) ........... 827

Authorization of appropriations, Army (sec. 2104) .......................... 828

Modification of authority to carry out certain fiscal year 2004 

projects (sec. 2105) .......................................................................... 828

Modification of authority to carry out certain fiscal year 2003 

projects (sec. 2106) .......................................................................... 828

TITLE XXII—NAVY ................................................................................................... 829

Overview ............................................................................................. 829

Legislative Provisions Adopted ........................................................................ 829

Authorized Navy construction and land acquisition projects (sec. 

2201) ................................................................................................ 829

Family housing (sec. 2202) ................................................................ 829

Improvements to military family housing units (sec. 2203) ........... 829

Authorization of appropriations, Navy (sec. 2204) .......................... 830

Legislative Provisions Not Adopted ................................................................ 830

Modification of authority to carry out a certain fiscal year 2004 

project .............................................................................................. 830

TITLE XXIII—AIR FORCE ......................................................................................... 831

Overview ............................................................................................. 831

Legislative Provisions Adopted ........................................................................ 831

Authorized Air Force construction and land acquisition projects 

(sec. 2301) ........................................................................................ 831

Family housing (sec. 2302) ................................................................ 831

Improvements to military family housing units (sec. 2303) ........... 831

Authorization of appropriations, Air Force (sec. 2304) ................... 832

TITLE XXIV—DEFENSE AGENCIES .......................................................................... 833

Overview ............................................................................................. 833

Legislative Provisions Adopted ........................................................................ 833

Authorized defense agencies construction and land acquisition 

projects (sec. 2401) .......................................................................... 833

Improvements to military family housing units (sec. 2402) ........... 833

Energy conservation projects (sec. 2403) .......................................... 833

Authorization of appropriations, defense agencies (sec. 2404) ....... 834

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

PROGRAM ............................................................................................................... 835

Legislative Provisions Adopted ........................................................................ 835

Authorization NATO construction and land acquisition projects 

(sec. 2501) ........................................................................................ 835

Authorization of appropriations, NATO (sec. 2502) ........................ 835

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES ....................................... 837

Overview ............................................................................................. 837

Legislative Provisions Adopted ........................................................................ 837

Authorized Guard and Reserve construction and land acquisition 

projects (sec. 2601) .......................................................................... 837

Item of Special Interest .................................................................................... 837

Change in title of military construction project previously authorized ................................................................................................... 837

TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS ........................ 839

Legislative Provisions Adopted ........................................................................ 839

Expiration of authorizations and amounts required to be specified by law (sec. 2701) .................................................................... 839

Extension of authorizations of certain fiscal year 2002 projects 

(sec. 2702) ........................................................................................ 839

Page

XXI 

TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS—Continued 

Legislative Provisions Adopted—Continued 

Extension and renewal of authorizations of certain fiscal year 

2001 projects (sec. 2703) ................................................................ 839 

Legislative Provisions Not Adopted ................................................................ 840 

Effective date ...................................................................................... 840 

TITLE XXVIII—GENERAL PROVISIONS .................................................................... 841 

Items of Special Interest .................................................................................. 841 

Acceleration of environmental clean-up activities related to public lands, West Wendover, Nevada ................................................ 841 

Consideration of proposal for leased facilities supporting Headquarters, United States Southern Command, Miami, Florida ... 841 

Legislative Provisions Adopted ........................................................................ 842 

Subtitle A—Military Construction Program and Military Family 

Housing Changes ................................................................................... 842 

Modification of approval and notice requirements for facility repair projects (sec. 2801) .................................................................. 842 

Reporting requirements regarding military family housing requirements for general officers and flag officers (sec. 2802) ....... 842 

Congressional notification of deviations from authorized cost 

variations for military construction projects and military family housing projects (sec. 2803) ...................................................... 843 

Assessment of vulnerability of military installations to terrorist 

attack and annual report on military construction requirements related to antiterrorism and force protection (sec. 2804) . 843 

Repeal of limitations on use of alternative authority for acquisition and improvement of military housing (sec. 2805) ................ 843 

Additional reporting requirements relating to alternative authority for acquisition and improvement of military housing (sec. 

2806) ................................................................................................ 843 

Temporary authority to accelerate design efforts for military construction projects carried out using design-build selection procedures (sec. 2807) .......................................................................... 844 

Notification thresholds and requirements for expenditures or contributions for acquisition of facilities for Reserve components 

(sec. 2808) ........................................................................................ 844 

Authority to exchange Reserve component facilities to acquire 

replacement facilities (sec. 2809) ................................................... 844 

One-year extension of temporary, limited authority to use operation and maintenance funds for construction projects outside 

the United States (sec. 2810) ......................................................... 846 

Consideration of combination of military medical treatment facilities and health care facilities of Department of Veterans 

Affairs (sec. 2811) ........................................................................... 846 

Subtitle B—Real Property and Facilities Administration ..................... 846 

Reorganization of existing adminsitrative provisions relating to 

real property transactions (sec. 2821) ........................................... 846 

Development of Heritage Center for the National Museum of 

the United States Army (sec. 2822) .............................................. 846 

Elimination of reversionary interests clouding United States title 

of property used as Navy homeports (sec. 2823) .......................... 847 

Subtitle C—Base Closure and Realignment ........................................... 847 

Establishment of specific deadline for submission of revisions 

to force-structure plan and infrastructure inventory (sec. 2831) 847 

Specification of final selection criteria for 2005 base closure 

round (sec. 2832) ............................................................................. 847 

Repeal of authority of Secretary of Defense to recommend that 

installations be placed in inactive status (sec. 2833) .................. 848 

Voting requirements for Defense Base Closure and Realignment 

Commission to add to or otherwise expand closure and realignment recommendations made by Secretary of Defense (sec. 

2834) ................................................................................................ 848 

Subtitle D—Land Conveyances ................................................................ 848 

Part I—Army Conveyances ...................................................................... 848 

Land conveyance, Sunflower Army Ammunition Plant, Kansas 

(sec. 2841) ........................................................................................ 848 

Land exchange, Fort Campbell, Kentucky and Tennessee (sec. 

2842) ................................................................................................ 849 

Page

XXII 

TITLE XXVIII—GENERAL PROVISIONS—Continued 

Legislative Provisions Adopted—Continued 

Part I—Army Conveyances—Continued 

Land conveyance, Louisiana Army Ammunition Plant, Doyline, 

Louisiana (sec. 2843) ...................................................................... 849 

Land conveyance, Fort Leonard Wood, Missouri (sec. 2844) .......... 849 

Transfer of administrative jurisdiction, Defense Supply Center, 

Columbus, Ohio (sec. 2845) ............................................................ 849 

Jurisdiction and utilization of former public domain lands, 

Umatilla Chemical Depot, Oregon (sec. 2846) ............................. 850 

Modification of authority for land conveyance, equipment and 

storage yard, Charleston, South Carolina (sec. 2847) ................. 850 

Land conveyance, Fort Hood, Texas (sec. 2848) .............................. 850 

Land conveyance, local training area for Browning Army Reserve 

Center, Utah (sec. 2849) ................................................................ 850 

Land conveyance, Army Reserve Center, Hampton, Virginia (sec. 

2850) ................................................................................................ 851 

Land conveyance, Army National Guard Facility, Seattle, Washington (sec. 2851) ............................................................................ 851 

Modification of land exchange and consolidation, Fort Lewis, 

Washington (sec. 2852) .................................................................. 851 

Part II—Navy Conveyances ...................................................................... 851 

Land Exchange, former Richmond Naval Air Station, Florida 

(sec. 2861) ........................................................................................ 851 

Land conveyance, Honolulu, Hawaii (sec. 2862) .............................. 851 

Land conveyance, Navy property, former Fort Sheridan, Illinois 

(sec. 2863) ........................................................................................ 852 

Land exchange, Naval Air Station, Patuxent River, Maryland 

(sec. 2864) ........................................................................................ 852 

Modification of land acquisition authority, Perquimans County, 

North Carolina (sec. 2865) ............................................................. 852 

Land conveyance, Naval Weapons Station, Charleston, South 

Carolina (sec. 2866) ........................................................................ 852 

Land conveyance, Navy YMCA building, Portsmouth, Virginia 

(sec. 2867) ........................................................................................ 852 

Part III—Air Force Conveyances ............................................................. 853 

Land exchange, Maxwell Air Force Base, Alabama (sec. 2871) ..... 853 

Land conveyance, March Air Force Base, California (sec. 2872) ... 853 

Land conveyance, former Griffiss Air Force Base, New York (sec. 

2873) ................................................................................................ 853 

Part IV—Other Conveyances ................................................................... 853 

Land exchange, Arlington County, Virginia (sec. 2881) ................. 853 

Subtitle E—Other Matters ....................................................................... 854 

One-year resumption of Department of Defense Laboratory Revitalization Demonstration Program (sec. 2891) ............................. 854 

Designation of Airmen Leadership School at Luke Air Force 

Base, Arizona, in honor of John J. Rhodes, a former minority 

leader of the House of Representatives (sec. 2892) ..................... 854 

Settlement of claim of Oakland Base Reuse Authority and Redevelopment Agency (sec. 2893) ........................................................ 854 

Report on establishment of mobilization station at Camp Ripley 

National Guard Training Center, Little Falls, Minnesota (sec. 

2894) ................................................................................................ 854 

Report on feasibility of establishment of veterans memorial at 

Marine Corps Air Station, El Toro, California (sec. 2895) .......... 854 

Sense of Congress regarding effect of military housing policies 

and force structure basing changes on local education agencies 

(sec. 2896) ........................................................................................ 855 

Sense of Congress and study regarding memorial honoring nonUnited States citizens killed in the line of duty while serving 

in the United States Armed Forces (sec. 2897) ............................ 855 

Legislative Provisions Not Adopted ................................................................ 856 

Increase in thresholds for unspecified minor military construction projects ..................................................................................... 856 

Increase in certain thresholds for carrying out unspecified minor 

military construction projects ........................................................ 856 

Increase in certain thresholds for reporting real property transactions .............................................................................................. 856 

Page

XXIII 

TITLE XXVIII—GENERAL PROVISIONS—Continued 

Legislative Provisions Not Adopted—Continued 

Treatment of money rentals from golf course at Rock Island 

Arsenal, Illnois ................................................................................ 856 

Number of contracts authorized department-wide under demonstration program on reduction in long-term facility maintenance costs ...................................................................................... 857 

Repeal of Commission on Review of Overseas Military Facility 

Structure of the United States ...................................................... 857 

Two-year postponement of 2005 base closure and realignment 

round and submission of reports regarding future infrastructure requirements for the Armed Forces ...................................... 857 

Adherence to certain authorities on preservation of military 

depot capabilities during any subsequent round of base closures and realignments .................................................................. 857 

Transfer of jurisdiction, Nebraska Avenue Naval Complex, District of Columbia ............................................................................. 858 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS ............ 858 

Overview ............................................................................................. 858 

Legislative Provisions Adopted ........................................................................ 878 

Subtitle A—National Security Programs Authorizations ...................... 878 

National Nuclear Security Administration (sec. 3101) ................... 878 

Defense environmental management (sec. 3102) ............................ 879 

Other defense activities (sec. 3013) .................................................. 880 

Defense nuclear waste disposal (sec. 3104) ...................................... 881 

Subtitle B—Program Authorizations, Restrictions, and Limitations .... 881 

Report on requirements for Modern Pit Facility (sec. 3111) .......... 881 

Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel (sec. 3112) ............ 881 

Limited authority to carry out new projects under Facilities and 

Infrastructure Recapitalization Program after project selection 

deadline (sec. 3113) ........................................................................ 882 

Modification of milestone and report requirements for National 

Ignition Facility (sec. 3114) ........................................................... 882 

Modification of submittal date of annual plan for stewardship, 

management, and certification of warheads in the nuclear 

weapons stockpile (sec. 3115) ........................................................ 882 

Defense site acceleration completion (sec. 3116) ............................. 883 

Treatment of waste material (sec. 3117) .......................................... 885 

Local stakeholder organizations for 2006 closure sites (sec. 3118) 886 

Report to Congress on Advanced Nuclear Weapons Concepts Initiative (sec. 3119) ............................................................................ 886 

Subtitle C—Proliferation Matters ............................................................ 886 

Modification of authority to use International Nuclear Materials 

Protection and Cooperation Program funds outside the former 

Soviet Union (sec. 3131) ................................................................. 886 

Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites 

worldwide (sec. 3132) ..................................................................... 886 

Silk Road Initiative (sec. 3133) ......................................................... 887 

Nuclear Nonproliferation Fellowships for scientists employed by 

United States and Russian Federation (sec. 3134) ...................... 887 

Utilization of international contributions to the Elimination of 

Weapons Grade Plutonium Production Program (sec. 3135) ...... 888 

Subtitle D—Other Matters ....................................................................... 888 

Indemnification of Department of Energy contractors (sec. 3141) . 888 

Report on maintenance of retirement benefits for certain workers 

at 2006 closure sites after closure of sites (sec. 3142) ................. 888 

Report on efforts of National Nuclear Security Administration 

to understand plutonium aging (sec. 3143) .................................. 889 

Support for public education in the vicinity of Los Alamos National Laboratory, New Mexico (sec. 3144) ................................... 889 

Review of Waste Isolation Pilot Plant, New Mexico, pursuant 

to competitive contract (sec. 3145) ................................................ 889 

National Academy of Sciences study on management by Department of Energy of certain radioactive waste streams (sec. 

3146) ................................................................................................ 889 

Page

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TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS—Continued 

Legislative Provisions Adopted—Continued 

Subtitle D—Other Matters—Continued 

Compensation of Pajarito Plateau, New Mexico, homesteaders 

for acquisition of lands for Manhattan Project in World War 

II (sec. 3147) .................................................................................... 890 

Modification of requirement relating to conveyances and transfer 

of certain land at Los Alamos National Laboratory, New Mexico (sec. 3148) .................................................................................. 891 

Subtitle E—Energy Employees Occupational Illness Compensation 

Program .................................................................................................. 891 

Improvements to the Energy Employees Occupational Illness 

Compensation Program Act (sec. 3161–3170) .............................. 891 

Radiation Exposure Compensation Act ............................................ 894 

Office of the Ombudsman .................................................................. 894 

Administrative Provisions ................................................................. 894 

Special Exposure Cohort .................................................................... 895 

Residual Radiation Exposure ............................................................ 896 

Legislative Provisions Not Adopted ................................................................ 897 

Annual report on expenditures for safeguards and security .......... 897 

Authority to consolidate counterintelligence offices of Department 

of Energy and National Nuclear Security Administration within the National Nuclear Security Administration ....................... 897 

Transfers and reprogrammings of National Nuclear Security Administration funds .......................................................................... 897 

Additional amount for defense site acceleration completion .......... 898 

Improvements to Energy Employees Occupational Illness Compensation Program ......................................................................... 898 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD ............................. 901 

Legislative Provisions Adopted ........................................................................ 901 

Defense Nuclear Facilities Safety Board (sec. 3201) ....................... 901 

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE .................................................... 903 

Legislative Provisions Adopted ........................................................................ 903 

Authorized Uses of National Defense Stockpile Funds (sec. 3301) 903 

Revision of earlier authority to dispose of certain materials in 

National Defense Stockpile (sec. 3302) ......................................... 903 

Disposal of ferromanganese (sec. 3303) ............................................ 903 

Prohibition on storage of mercury at certain facilities (sec. 3304) . 904 

TITLE XXXIV—NAVAL PETROLEUM RESERVES ....................................................... 905 

Legislative Provisions Adopted ........................................................................ 905 

Authorization of appropriations (sec. 3401) ..................................... 905 

TITLE XXXV—MARITIME ADMINISTRATION ............................................................ 907 

Legislative Provisions Adopted ........................................................................ 907 

Authorization of appropriations for Maritime Administration 

(sec. 3501) ........................................................................................ 907 

Extension of authority to provide war risk insurance for Merchant Marine vessels (sec. 3502) ................................................... 907 

Modification of priority afforded applications for national defense 

tank vessel construction assistance (sec. 3503) ............................ 907 

TITLE XXXVI—ASSISTANCE TO FIREFIGHTERS ....................................................... 909 

Legislative Provisions Adopted ........................................................................ 909 

Assistance to Firefighters (secs. 3601–3603) ................................... 909 

96–273 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–767 

RONALD W. REAGAN NATIONAL DEFENSE 

AUTHORIZATION ACT FOR FISCAL YEAR 2005 

OCTOBER 8, 2004.—Ordered to be printed 

Mr. HUNTER, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 4200] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the Senate to the bill (H.R. 

4200), 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, having met, after full and free conference, have 

agreed to recommend and do recommend to their respective Houses 

as follows: 

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as 

follows: 

In lieu of the matter proposed to be inserted by the Senate 

amendment, insert the following: 

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. 

2 

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. Multiyear procurement authority for the light weight 155–millimeter howitzer program. 

Sec. 112. Light utility helicopter program. 

Subtitle C—Navy Programs 

Sec. 121. DDG–51 modernization program. 

Sec. 122. Repeal of authority for pilot program for flexible funding of cruiser conversions and overhauls. 

Sec. 123. LHA(R) amphibious assault ship program. 

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. Aerial refueling aircraft acquisition program. 

Subtitle E—Other Matters 

Sec. 141. Development of deployable systems to include consideration of force protection in asymmetric threat environments. 

Sec. 142. Allocation of equipment authorized by this title to units deployed, or to be 

deployed, to Operation Iraqi Freedom or Operation Enduring Freedom. 

Sec. 143. Report on options for acquisition of precision-guided munitions. 

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. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Future Combat Systems program strategy. 

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

technologies. 

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

Sec. 214. Amounts for United States Joint Forces Command to be derived only from 

Defense-wide amounts. 

Sec. 215. Global Positioning System III satellite. 

Sec. 216. Initiation of concept demonstration of Global Hawk high altitude endurance unmanned aerial vehicle. 

Sec. 217. Joint Unmanned Combat Air Systems program. 

Subtitle C—Missile Defense Programs 

Sec. 231. Fielding of ballistic missile defense capabilities. 

Sec. 232. Integration of Patriot Advanced Capability-3 and Medium Extended Air 

Defense System into ballistic missile 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 Congress regarding funding of the Advanced Shipbuilding Enterprise under the National Shipbuilding Research Program of the Navy. 

3 

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. 

Subtitle B—Environmental Provisions 

Sec. 311. Satisfaction of Superfund audit requirements by Inspector General of the 

Department of Defense. 

Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 

connection with Moses Lake Wellfield Superfund Site, Moses Lake, 

Washington. 

Sec. 313. Increase in authorized amount of environmental remediation, Front Royal, 

Virginia. 

Sec. 314. Small boat harbor, Unalaska, Alaska. 

Sec. 315. Report regarding encroachment issues affecting Utah Test and Training 

Range, Utah. 

Sec. 316. Comptroller General study and report on alternative technologies to decontaminate groundwater at Department of Defense installations. 

Sec. 317. Comptroller General study and report on drinking water contamination 

and related health effects at Camp Lejeune, North Carolina. 

Sec. 318. Sense of Congress regarding perchlorate contamination of ground and surface water from Department of Defense activities. 

Subtitle C—Workplace and Depot Issues 

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

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

employees. 

Sec. 323. Extension of special treatment for certain expenditures incurred in operation of Centers of Industrial and Technical Excellence. 

Sec. 324. Temporary authority for contractor performance of security-guard functions. 

Sec. 325. Pilot program for purchase of certain municipal services for Army installations. 

Sec. 326. Bid protests by Federal employees in actions under Office of Management 

and Budget Circular A–76. 

Sec. 327. Limitations on conversion of work performed by Department of Defense civilian employees to contractor performance. 

Sec. 328. Competitive sourcing reporting requirement. 

Subtitle D—Information Technology 

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

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

Sec. 333. Report on maturity and effectiveness of the Global Information Grid Bandwidth Expansion (GIG–BE). 

Subtitle E—Extensions of Program Authorities 

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

Sec. 342. Extension of Arsenal Support Program Initiative. 

Sec. 343. Two-year extension of warranty claims recovery pilot program. 

Subtitle F—Other Matters 

Sec. 351. Reimbursement for certain protective, safety, or health equipment purchased by or for members of the Armed Forces deployed in contingency 

operations. 

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

Sec. 353. Pilot program to authorize Army working-capital funded facilities to engage in cooperative activities with non-Army entities. 

Sec. 354. Transfer of excess Department of Defense personal property to assist firefighting agencies. 

4 

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. Additional authority for increases of Army and Marine Corps active duty 

personnel end strengths for fiscal years 2005 through 2009. 

Sec. 404. 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 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of Reserve personnel authorized to be on active duty for 

operational support. 

Sec. 416. Accounting and management of reserve component personnel performing 

active duty or full-time National Guard duty for operational support. 

Subtitle C—Authorizations of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Transition of active-duty list officer force to a force of all regular officers. 

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. Limitation on number of officers frocked to major general and rear admiral. 

Sec. 504. Distribution in grade of Marine Corps reserve officers in an active status 

in grades below brigadier general 

Sec. 505. Authority for Federal recognition of National Guard commissioned officers 

appointed from former Coast Guard personnel. 

Sec. 506. Study regarding promotion eligibility of retired officers recalled to active 

duty. 

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

Sec. 508. Redesignation of Vice Chief of the National Guard Bureau as Director of 

the Joint Staff of the National Guard Bureau. 

Subtitle B—Reserve Component Policy Matters 

Sec. 511. Modification of stated purpose of the reserve components. 

Sec. 512. Homeland defense activities conducted by the National Guard under authority of title 32. 

Sec. 513. Commission on the National Guard and Reserves. 

Sec. 514. Repeal of exclusion of active duty for training from authority to order Reserves to active duty. 

Sec. 515. Army program for assignment of active component advisers to units of the 

Selected Reserve. 

Sec. 516. Authority to accept certain voluntary services. 

Sec. 517. Authority to redesignate the Naval Reserve as the Navy Reserve. 

Sec. 518. Comptroller General assessment of integration of active and reserve components of the Navy. 

Sec. 519. Limitation on number of Starbase academies in a State. 

Sec. 520. Recognition items for certain reserve component personnel. 

Subtitle C—Reserve Component Personnel Matters 

Sec. 521. Status under disability retirement system for reserve members released 

from active duty due to inability to perform within 30 days of call to 

active duty. 

Sec. 522. Requirement for retention of Reserves on active duty to qualify for retired 

pay not applicable to nonregular service retirement system. 

Sec. 523. Federal civil service military leave for Reserve and National Guard civilian technicians. 

Sec. 524. Expanded educational assistance authority for officers commissioned 

through ROTC program at military junior colleges. 

5

Sec. 525. Repeal of sunset provision for financial assistance program for students 

not eligible for advanced training. 

Sec. 526. Effect of appointment or commission as officer on eligibility for Selected 

Reserve education loan repayment program for enlisted members. 

Sec. 527. Educational assistance for certain reserve component members who perform active service. 

Sec. 528. Sense of Congress on guidance concerning treatment of employer-provided 

compensation and other benefits voluntarily provided to employees who 

are activated Reservists. 

Subtitle D—Joint Officer Management and Professional Military Education 

Sec. 531. Strategic plan to link joint officer development to overall missions and 

goals of Department of Defense. 

Sec. 532. Improvement to professional military education in the Department of Defense. 

Sec. 533. Joint requirements for promotion to flag or general officer grade. 

Sec. 534. Clarification of tours of duty qualifying as a joint duty assignment. 

Sec. 535. Two-year extension of temporary standard for promotion policy objectives 

for joint officers. 

Sec. 536. Two-year extension of authority to waive requirement that Reserve Chiefs 

and National Guard Directors have significant joint duty experience. 

Subtitle E—Military Service Academies 

Sec. 541. Revision to conditions on service of officers as service academy superintendents. 

Sec. 542. Academic qualifications of the dean of the faculty of United States Air 

Force Academy. 

Sec. 543. Board of Visitors of United States Air Force Academy. 

Sec. 544. Appropriated funds for service academy athletic and recreational extracurricular programs to be treated in same manner as for military morale, welfare, and recreation progams. 

Sec. 545. Codification of prohibition on imposition of certain charges and fees at the 

service academies. 

Subtitle F—Other Education and Training Matters 

Sec. 551. College First delayed enlistment program. 

Sec. 552. Senior Reserve Officers’ Training Corps and recruiter access at institutions 

of higher education. 

Sec. 553. Tuition assistance for officers. 

Sec. 554. Increased maximum period for leave of absence for pursuit of a program 

of education in a health care profession. 

Sec. 555. Eligibility of cadets and midshipmen for medical and dental care and disability benefits. 

Sec. 556. Transfer of authority to confer degrees upon graduates of the Community 

College of the Air Force.

Sec. 557. Change in titles of leadership positions at the Naval Postgraduate School. 

Subtitle G—Assistance to Local Educational Agencies for Defense 

Dependents Education 

Sec. 558. Continuation of impact aid assistance on behalf of dependents of certain 

members despite change in status of member. 

Sec. 559. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 560. Impact aid for children with severe disabilities. 

Subtitle H—Medals and Decorations and Special Promotions and 

Appointments 

Sec. 561. Award of medal of honor to individual interred in the Tomb of the Unknowns as representative of casualties of a war. 

Sec. 562. 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. 

Sec. 563. Authority to appoint Brigadier General Charles E. Yeager, United States 

Air Force (retired), to the grade of major general on the retired list. 

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

in the Army. 

6

Subtitle I—Military Voting 

Sec. 566. Federal write-in ballots for absentee military voters located in the United 

States. 

Sec. 567. Repeal of requirement to conduct electronic voting demonstration project 

for the Federal election to be held in November 2004. 

Sec. 568. Reports on operation of Federal voting assistance program and military 

postal system. 

Subtitle J—Military Justice Matters 

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

Justice. 

Sec. 572. Waiver of recoupment of time lost for confinement in connection with a 

trial. 

Sec. 573. Processing of forensic evidence collection kits and acquisition of sufficient 

stocks of such kits. 

Sec. 574. Authorities of the Judge Advocates General. 

Subtitle K—Sexual Assault in the Armed Forces 

Sec. 576. Examination of sexual assault in the Armed Forces by the Defense Task 

Force established to examine sexual harassment and violence at the 

military service academies. 

Sec. 577. Department of Defense policy and procedures on prevention and response 

to sexual assaults involving members of the Armed Forces. 

Subtitle L—Management and Administrative Matters 

Sec. 581. Three-year extension of limitation on reductions of personnel of agencies 

responsible for review and correction of military records. 

Sec. 582. Staffing for Defense Prisoner of War/Missing Personnel Office (DPMO). 

Sec. 583. Permanent ID cards for retiree dependents age 75 and older. 

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

with medical evacuation. 

Sec. 585. Authority to accept donation of frequent traveler miles, credits, and tickets 

to facilitate rest and recuperation travel of deployed members of the 

Armed Forces and their families. 

Sec. 586. Annual report identifying reasons for discharges from the Armed Forces 

during preceding fiscal year. 

Sec. 587. Study of blended wing concept for the Air Force. 

Sec. 588. Sense of Congress regarding return of members to active duty service upon 

rehabilitation from service-related injuries. 

Subtitle M—Other Matters 

Sec. 591. Protection of Armed Forces personnel from retaliatory actions for communications made through the chain of command. 

Sec. 592. Implementation plan for accession of persons with specialized skills. 

Sec. 593. Enhanced screening methods and process improvements for recruitment of 

home schooled and National Guard Challenge program GED recipients. 

Sec. 594. Redesignation of National Guard Challenge Program as National Guard 

Youth Challenge Program. 

Sec. 595. Reports on certain milestones relating to Department of Defense transformation. 

Sec. 596. Report on issues relating to removal of remains of persons interred in 

United States military cemeteries overseas.

Sec. 597. Comptroller General reports on closure of Department of Defense dependent elementary and secondary schools and commissary stores. 

Sec. 598. Comptroller General report on transition assistance programs for members 

separating from the Armed Forces. 

Sec. 599. Study on coordination of job training standards with certification standards for military occupational specialties. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

Sec. 602. Relationship between eligibility to receive supplemental subsistence allowance and eligibility to receive imminent danger pay, family separation 

allowance, and certain Federal assistance. 

Sec. 603. Authority to provide family separation basic allowance for housing. 

7

Sec. 604. Geographic basis for housing allowance during short-assignment permanent changes of station for education or training. 

Sec. 605. Immediate lump-sum reimbursement for unusual nonrecurring expenses 

incurred for duty outside the continental United States. 

Sec. 606. Authority for certain members deployed in combat zones to receive limited 

advances on future basic pay. 

Sec. 607. Repeal of requirement that members entitled to basic allowance for subsistence pay subsistence charges while hospitalized. 

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. Authority to provide hazardous duty incentive pay to military firefighters. 

Sec. 616. Reduced service obligation for nurses receiving nurse accession bonus. 

Sec. 617. Assignment incentive pay. 

Sec. 618. Modification of active and reserve component reenlistment and enlistment 

bonus authorities. 

Sec. 619. Bonus for certain initial service of officers in the Selected Reserve. 

Sec. 620. Revision of authority to provide foreign language proficiency pay. 

Sec. 621. Eligibility of enlisted members to qualify for critical skills retention bonus 

while serving on indefinite reenlistment. 

Sec. 622. Eligibility of reserve component members for incentive bonus for conversion to military occupational specialty to ease personnel shortage. 

Sec. 623. Permanent increase in authorized amounts for imminent danger special 

pay and family separation allowance. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Travel and transportation allowances for family members to attend burial 

ceremony or memorial service of member who dies on duty. 

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

members of the uniformed services. 

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

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Computation of high-36 month average for reserve component members retired for disability while on active duty or dying while on active duty. 

Sec. 642. Repeal of phase-in of concurrent receipt of retired pay and veterans’ disability compensation for military retirees with service-connected disabilities rated as 100 percent. 

Sec. 643. Death benefits enhancement. 

Sec. 644. Phased elimination of two-tier annuity computation for surviving spouses 

under Survivor Benefit Plan. 

Sec. 645. One-year open enrollment period for Survivor Benefit Plan commencing 

October 1, 2005. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality 

Benefits 

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

recreation activities. 

Sec. 652. Consistent State treatment of Department of Defense Nonappropriated 

Fund Health Benefits Program. 

Subtitle F—Other Matters 

Sec. 661. Eligibility of members for reimbursement of expenses incurred for adoption 

placements made by foreign governments. 

Sec. 662. Clarification of education loans qualifying for education loan repayment 

program for reserve component health professions officers. 

Sec. 663. Receipt of pay by reservists from civilian employers while on active duty 

in connection with a contingency operation. 

Sec. 664. Relief for mobilized reservists from certain Federal agricultural loan obligations. 

8

Sec. 665. Survey and analysis of effect of extended and frequent mobilization of reservists for active duty service on reservist income. 

Sec. 666. Study of disability benefits for veterans of service in the Armed Forces 

with service-connected disabilities. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Enhanced Benefits for Reserves 

Sec. 701. TRICARE coverage for members of reserve components who commit to continued service in the Selected Reserve after release from active duty. 

Sec. 702. Comptroller General report on the cost and feasibility of providing private 

health insurance stipends for members of the Ready Reserves. 

Sec. 703. Permanent earlier eligibility date for TRICARE benefits for members of reserve components and their dependents. 

Sec. 704. Waiver of certain deductibles under TRICARE program for members on 

active duty for a period of more than 30 days. 

Sec. 705. Authority for payment by United States of additional amounts billed by 

health care providers to activated Reserves. 

Sec. 706. Permanent extension of transitional health care benefits and addition of 

requirement for preseparation physical examination. 

Subtitle B—Other Benefits Improvements 

Sec. 711. Opportunity for young child dependent of deceased member to become eligible for enrollment in a TRICARE dental plan. 

Sec. 712. Comptroller General report on provision of health, education, and support 

services for Exceptional Family Member Program enrollees. 

Sec. 713. Continuation of sub-acute care for transition period. 

Sec. 714. Improvements to pharmacy benefits program. 

Sec. 715. Professional accreditation of military dentists. 

Sec. 716. Temporary authority for waiver of collection of payments due for 

CHAMPUS benefits received by disabled persons unaware of loss of 

CHAMPUS eligibility. 

Sec. 717. Services of marriage and family therapists. 

Sec. 718. Chiropractic health care benefits advisory committee. 

Subtitle C—Planning, Programming, and Management 

Sec. 721. Pilot program for health care delivery. 

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

disability retirees. 

Sec. 723. Study of mental health services. 

Sec. 724. Policy for timely notification of next of kin of members seriously ill or injured in combat zones. 

Sec. 725. Revised funding methodology for military retiree health care benefits. 

Sec. 726. Grounds for presidential waiver of requirement for informed consent or option to refuse regarding administration of drugs not approved for general use. 

Sec. 727. TRICARE program regional directors. 

Subtitle D—Medical Readiness Tracking and Health Surveillance 

Sec. 731. Medical readiness plan and Joint Medical Readiness Oversight Committee. 

Sec. 732. Medical readiness of Reserves. 

Sec. 733. Baseline Health Data Collection Program. 

Sec. 734. Medical care and tracking and health surveillance in the theater of operations. 

Sec. 735. Declassification of information on exposures to environmental hazards. 

Sec. 736. Report on training on environmental hazards. 

Sec. 737. Uniform policy for meeting mobilization-related medical care needs at 

military installations. 

Sec. 738. Full implementation of Medical Readiness Tracking and Health Surveillance Program and Force Health Protection and Readiness Program. 

Sec. 739. Reports and Internet accessibility relating to health matters. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Software-related program costs under major defense acquisition programs. 

9

Sec. 802. Internal controls for Department of Defense procurements through GSA 

Client Support Centers. 

Sec. 803. Defense commercial communications satellite services procurement process. 

Sec. 804. Contractor performance of acquisition functions closely associated with inherently governmental functions. 

Sec. 805. Sustainment plans for existing systems while replacement systems are 

under development. 

Sec. 806. Applicability of competition exceptions to eligibility of National Guard for 

financial assistance for performance of additional duties. 

Sec. 807. Inflation adjustment of acquisition-related dollar thresholds. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, 

and Limitations 

Sec. 811. Rapid acquisition authority to respond to combat emergencies. 

Sec. 812. Defense acquisition workforce improvements. 

Sec. 813. Period for multiyear task and delivery order contracts. 

Sec. 814. Funding for contract ceilings for certain multiyear procurement contracts. 

Sec. 815. Increased threshold for senior procurement executive approval of use of 

procedures other than competitive procedures. 

Sec. 816. Increased threshold for applicability of requirement for defense contractors 

to provide information on subcontracting authority of contractor personnel to cooperative agreement holders. 

Sec. 817. Extension of authority for use of simplified acquisition procedures. 

Sec. 818. Submission of cost or pricing data on noncommercial modifications of 

commercial items. 

Sec. 819. Delegations of authority to make determinations relating to payment of defense contractors for business restructuring costs. 

Sec. 820. Availability of Federal supply schedule supplies and services to United 

Service Organizations, Incorporated. 

Sec. 821. Addition of landscaping and pest control services to list of designated industry groups participating in the Small Business Competitiveness 

Demonstration Program. 

Sec. 822. Increased thresholds under special emergency procurement authority. 

Subtitle C—United States Defense Industrial Base Provisions 

Sec. 831. Defense trade reciprocity. 

Sec. 832. Assessment and report on the acquisition of polyacrylonitrile (PAN) carbon 

fiber from foreign sources. 

Subtitle D—Extensions of Temporary Program Authorities 

Sec. 841. Extension of mentor-protege program. 

Sec. 842. Amendment to mentor-protege program. 

Sec. 843. Extension of test program for negotiation of comprehensive small business 

subcontracting plans.

Sec. 844. Extension of pilot program on sales of manufactured articles and services 

of certain Army industrial facilities. 

Subtitle E—Other Acquisition Matters 

Sec. 851. Review and demonstration project relating to contractor employees. 

Sec. 852. Inapplicability of certain fiscal laws to settlements under special temporary contract closeout authority. 

Sec. 853. Contracting with employers of persons with disabilities. 

Sec. 854. Defense procurements made through contracts of other agencies. 

Sec. 855. Requirements relating to source selection for integrated support of aerial 

refueling aircraft fleet for the Air Force. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Duties and Functions of Department of Defense 

Sec. 901. Study of roles and authorities of the Director of Defense Research and Engineering. 

Sec. 902. Change of membership of specified council. 

Subtitle B—Space Activities 

Sec. 911. Space posture review. 

Sec. 912. Panel on the future of national security space launch. 

10

Sec. 913. Operationally responsive national security satellites. 

Sec. 914. Nondisclosure of certain products of commercial satellite operations. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Two-year extension of authority of the Secretary of Defense to engage in 

commercial activities as security for intelligence collection activities 

abroad. 

Sec. 922. Pilot program on cryptologic service training. 

Subtitle D—Other Matters 

Sec. 931. Strategic plan for destruction of lethal chemical agents and munitions 

stockpile. 

Sec. 932. Secretary of Defense criteria for and guidance on identification and internal transmission of critical information. 

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. Budget justification documents for operation and maintenance. 

Sec. 1004. Licensing of intellectual property. 

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

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

Sec. 1007. Fiscal year 2004 transfer authority. 

Sec. 1008. Clarification of fiscal year 2004 funding level for a National Institute of 

Standards and Technology account. 

Sec. 1009. Notification of fund transfers from working-capital funds. 

Sec. 1010. Charges for Defense Logistics Information Services materials. 

Subtitle B—Naval Vessels and Shipyards 

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

Sec. 1012. Use of proceeds from exchange and sale of obsolete navy service craft and 

boats. 

Sec. 1013. Transfer of naval vessels to certain foreign recipients. 

Sec. 1014. Independent study to assess cost effectiveness of the Navy ship construction program. 

Sec. 1015. Limitation on disposal of obsolete naval vessel. 

Subtitle C—Counterdrug Matters 

Sec. 1021. Use of funds for unified counterdrug and counterterrorism campaign in 

Colombia. 

Sec. 1022. Sense of Congress and report regarding counter-drug efforts in Afghanistan. 

Subtitle D—Matters Relating to Museums and Commemorations 

Sec. 1031. Recognition of the Liberty Memorial Museum, Kansas City, Missouri, as 

America’s National World War I Museum. 

Sec. 1032. Program to commemorate 60th anniversary of World War II. 

Sec. 1033. Annual report on Department of Defense operation and financial support 

for military museums. 

Subtitle E—Reports 

Sec. 1041. Quarterly detailed accounting for operations conducted as part of the 

Global War on Terrorism. 

Sec. 1042. Report on post-major combat operations phase of Operation Iraqi Freedom. 

Sec. 1043. Report on training provided to members of the Armed Forces to prepare 

for post-conflict operations. 

Sec. 1044. Report on establishing National Centers of Excellence for unmanned aerial and ground vehicles. 

Sec. 1045. Study of continued requirement for two-crew manning for ballistic missile submarines. 

Sec. 1046. Report on Department of Defense programs for prepositioning of materiel 

and equipment. 

11

Sec. 1047. Report on al Quaeda and associated groups in Latin America and the 

Caribbean. 

Subtitle F—Defense Against Terrorism and Other Domestic Security Matters 

Sec. 1051. Acceptance of communications equipment provided by local public safety 

agencies. 

Sec. 1052. Determination and report on full-time airlift support for homeland defense operations. 

Sec. 1053. Survivability of critical systems exposed to chemical or biological contamination. 

Subtitle G—Personnel Security Matters 

Sec. 1061. Use of National Driver Register for personnel security investigations and 

determinations. 

Sec. 1062. Standards for disqualification from eligibility for Department of Defense 

security clearance. 

Subtitle H—Transportation-Related Matters 

Sec. 1071. Use of military aircraft to transport mail to and from overseas locations. 

Sec. 1072. Reorganization and clarification of certain provisions relating to control 

and supervision of transportation within the Department of Defense. 

Sec. 1073. Evaluation of procurement practices relating to transportation of securitysensitive cargo. 

Subtitle I—Other Matters 

Sec. 1081. Liability protection for Department of Defense volunteers working in maritime environment. 

Sec. 1082. Sense of Congress concerning media coverage of the return to the United 

States of the remains of deceased members of the Armed Forces from 

overseas. 

Sec. 1083. Transfer of historic F3A–1 Brewster Corsaird aircraft. 

Sec. 1084. Technical and clerical amendments. 

Sec. 1085. Preservation of search and rescue capabilities of the Federal Government. 

Sec. 1086. Acquisition of aerial firefighting equipment for National Interagency Fire 

Center. 

Sec. 1087. Revision to requirements for recognition of institutions of higher education as Hispanic-serving institutions for purposes of certain grants 

and contracts. 

Sec. 1088. Military extraterritorial jurisdiction over contractors supporting defense 

missions overseas. 

Sec. 1089. Definition of United States for purposes of Federal crime of torture. 

Sec. 1090. Energy savings performance contracts. 

Sec. 1091. Sense of Congress and policy concerning persons detained by the United 

States. 

Sec. 1092. Actions to prevent the abuse of detainees. 

Sec. 1093. Reporting requirements. 

Sec. 1094. Findings and sense of Congress concerning Army Specialist Joseph 

Darby. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

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

Sec. 1102. Foreign language proficiency pay. 

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

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

Sec. 1105. Science, mathematics, and research for transformation (SMART) defense 

scholarship pilot program. 

Sec. 1106. Report on how to recruit and retain individuals with foreign language 

skills. 

Sec. 1107. Plan on implementation and utilization of flexible personnel management 

authorities in Department of Defense laboratories. 

TITLE XII—MATTERS RELATING TO OTHER NATIONS 

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

Terrorism 

Sec. 1201. Commanders’ Emergency Response Program. 

12

Sec. 1202. Assistance to Iraq and Afghanistan military and security forces. 

Sec. 1203. Redesignation and modification of authorities relating to Inspector General of the Coalition Provisional Authority. 

Sec. 1204. Presidential report on strategy for stabilization of Iraq. 

Sec. 1205. Guidance on contractors supporting deployed forces in Iraq. 

Sec. 1206. Report on contractors supporting deployed forces and reconstruction efforts in Iraq. 

Sec. 1207. United Nations Oil-for-Food Program. 

Sec. 1208. Support of military operations to combat terrorism. 

Subtitle B—Counterproliferation Matters 

Sec. 1211. Defense international counterproliferation programs. 

Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic missiles. 

Sec. 1213. Sense of Congress on the global partnership against the spread of weapons of mass destruction. 

Sec. 1214. Report on collaborative measures to reduce the risks of a launch of Russian nuclear weapons. 

Subtitle C—Other Matters 

Sec. 1221. Authority for humanitarian assistance for the detection and clearance of 

landmines extended to include other explosive remnants of war. 

Sec. 1222. Expansion of entities of the People’s Republic of China subject to certain 

presidential authorities when operating in the United States. 

Sec. 1223. Assignment of NATO naval personnel to submarine safety programs. 

Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members. 

Sec. 1225. Bilateral exchanges and trade in defense articles and defense services between the United States and the United Kingdom and Australia. 

Sec. 1226. Study on missile defense cooperation. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 

FORMER SOVIET UNION 

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

Sec. 1302. Funding allocations. 

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

Sec. 1304. Inclusion of descriptive summaries in annual Cooperative Threat Reduction reports and budget justification materials. 

TITLE XIV—SUNKEN MILITARY CRAFT 

Sec. 1401. Preservation of title to sunken military craft and associated contents. 

Sec. 1402. Prohibitions. 

Sec. 1403. Permits.

Sec. 1404. Penalties. 

Sec. 1405. Liability for damages. 

Sec. 1406. Relationship to other laws. 

Sec. 1407. Encouragement of agreements with foreign countries. 

Sec. 1408. Definitions. 

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO 

OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Defense-wide activities procurement. 

Sec. 1505. Operation and maintenance. 

Sec. 1506. Defense working capital funds. 

Sec. 1507. Iraq Freedom Fund. 

Sec. 1508. Defense health program. 

Sec. 1509. Military personnel. 

Sec. 1510. Treatment as additional authorizations. 

Sec. 1511. Transfer authority.

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS

Sec. 2001. Short title. 

13

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 projects. 

TITLE XXII—NAVY 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

TITLE XXIV—DEFENSE AGENCIES 

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

Sec. 2402. Improvements to military family housing units. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

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

projects. 

TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS 

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

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

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

projects. 

TITLE XXVIII—GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Modification of approval and notice requirements for facility repair 

projects. 

Sec. 2802. Reporting requirements regarding military family housing requirements 

for general officers and flag officers. 

Sec. 2803. Congressional notification of deviations from authorized cost variations 

for military construction projects and military family housing projects. 

Sec. 2804. Assessment of vulnerability of military installations to terrorist attack 

and annual report on military construction requirements related to 

antiterrorism and force protection. 

Sec. 2805. Repeal of limitations on use of alternative authority for acquisition and 

improvement of military housing. 

Sec. 2806. Additional reporting requirements relating to alternative authority for acquisition and improvement of military housing. 

Sec. 2807. Temporary authority to accelerate design efforts for military construction 

projects carried out using design-build selection procedures. 

Sec. 2808. Notification thresholds and requirements for expenditures or contributions for acquisition of facilities for reserve components. 

Sec. 2809. Authority to exchange reserve component facilities to acquire replacement 

facilities. 

Sec. 2810. One-year extension of temporary, limited authority to use operation and 

maintenance funds for construction projects outside the United States. 

Sec. 2811. Consideration of combination of military medical treatment facilities and 

health care facilities of Department of Veterans Affairs. 

14

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Reorganization of existing administrative provisions relating to real property transactions. 

Sec. 2822. Development of Heritage Center for the National Museum of the United 

States Army. 

Sec. 2823. Elimination of reversionary interests clouding United States title to property used as Navy homeports. 

Subtitle C—Base Closure and Realignment 

Sec. 2831. Establishment of specific deadline for submission of revisions to forcestructure plan and infrastructure inventory. 

Sec. 2832. Specification of final selection criteria for 2005 base closure round. 

Sec. 2833. Repeal of authority of Secretary of Defense to recommend that installations be placed in inactive status. 

Sec. 2834. Voting requirements for Defense Base Closure and Realignment Commission to add to or otherwise expand closure and realignment recommendations made by Secretary of Defense. 

Subtitle D—Land Conveyances 

PART I—ARMY CONVEYANCES

Sec. 2841. Land conveyance, Sunflower Army Ammunition Plant, Kansas. 

Sec. 2842. Land exchange, Fort Campbell, Kentucky and Tennessee. 

Sec. 2843. Land conveyance, Louisiana Army Ammunition Plant, Doyline, Louisiana. 

Sec. 2844. Land conveyance, Fort Leonard Wood, Missouri. 

Sec. 2845. Transfer of administrative jurisdiction, Defense Supply Center, Columbus, Ohio. 

Sec. 2846. Jurisdiction and utilization of former public domain lands, Umatilla 

Chemical Depot, Oregon. 

Sec. 2847. Modification of authority for land conveyance, equipment and storage 

yard, Charleston, South Carolina. 

Sec. 2848. Land conveyance, Fort Hood, Texas. 

Sec. 2849. Land conveyance, local training area for Browning Army Reserve Center, 

Utah. 

Sec. 2850. Land conveyance, Army Reserve Center, Hampton, Virginia. 

Sec. 2851. Land conveyance, Army National Guard Facility, Seattle, Washington. 

Sec. 2852. Modification of land exchange and consolidation, Fort Lewis, Washington. 

PART II—NAVY CONVEYANCES

Sec. 2861. Land exchange, former Richmond Naval Air Station, Florida. 

Sec. 2862. Land conveyance, Honolulu, Hawaii. 

Sec. 2863. Land conveyance, Navy property, former Fort Sheridan, Illinois. 

Sec. 2864. Land exchange, Naval Air Station, Patuxent River, Maryland. 

Sec. 2865. Modification of land acquisition authority, Perquimans County, North 

Carolina. 

Sec. 2866. Land conveyance, Naval Weapons Station, Charleston, South Carolina. 

Sec. 2867. Land conveyance, Navy YMCA building, Portsmouth, Virginia. 

PART III—AIR FORCE CONVEYANCES

Sec. 2871. Land exchange, Maxwell Air Force Base, Alabama. 

Sec. 2872. Land conveyance, March Air Force Base, California. 

Sec. 2873. Land conveyance, former Griffiss Air Force Base, New York. 

PART IV—OTHER CONVEYANCES

Sec. 2881. Land exchange, Arlington County, Virginia. 

Subtitle E—Other Matters 

Sec. 2891. One-year resumption of Department of Defense Laboratory Revitalization 

Demonstration Program. 

Sec. 2892. Designation of Airmen Leadership School at Luke Air Force Base, Arizona, in honor of John J. Rhodes, a former minority leader of the House 

of Representatives. 

Sec. 2893. Settlement of claim of Oakland Base Reuse Authority and Redevelopment 

Agency. 

Sec. 2894. Report on establishment of mobilization station at Camp Ripley National 

Guard Training Center, Little Falls, Minnesota. 

15

Sec. 2895. Report on feasibility of establishment of veterans memorial at Marine 

Corps Air Station, El Toro, California. 

Sec. 2896. Sense of Congress regarding effect of military housing policies and force 

structure and basing changes on local educational agencies. 

Sec. 2897. Sense of Congress and study regarding memorial honoring non-United 

States citizens killed in the line of duty while serving in the United 

States Armed Forces.

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. Report on requirements for Modern Pit Facility. 

Sec. 3112. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel. 

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. Treatment of waste material. 

Sec. 3118. Local stakeholder organizations for 2006 closure sites.

Sec. 3119. Report to Congress on Advanced Nuclear Weapons Concepts Initiative. 

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. 

Sec. 3133. Silk Road Initiative. 

Sec. 3134. Nuclear nonproliferation fellowships for scientists employed by United 

States and Russian Federation. 

Sec. 3135. Utilization of international contributions to the elimination of weapons 

grade plutonium production program. 

Subtitle D—Other Matters 

Sec. 3141. Indemnification of Department of Energy contractors. 

Sec. 3142. Report on maintenance of retirement benefits for certain workers at 2006 

closure sites after closure of sites. 

Sec. 3143. Report on efforts of National Nuclear Security Administration to understand plutonium aging. 

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. National Academy of Sciences study on management by Department of 

Energy of certain radioactive waste streams. 

Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders for acquisition of lands for Manhattan Project in World War II. 

Sec. 3148. Modification of requirements relating to conveyances and transfer of certain land at Los Alamos National Laboratory, New Mexico. 

Subtitle E—Energy Employees Occupational Illness Compensation Program 

Sec. 3161. Contractor employee compensation. 

Sec. 3162. Conforming amendments. 

16

Sec. 3163. Technical amendments. 

Sec. 3164. Transfer of funds for fiscal year 2005. 

Sec. 3165. Use of Energy Employees Occupational Illness Compensation Fund for 

certain payments to covered uranium employees. 

Sec. 3166. Improvements to Subtitle B of Energy Employees Occupational Illness 

Compensation Program Act of 2000. 

Sec. 3167. Emergency Special Exposure Cohort meeting and report. 

Sec. 3168. Coverage of individuals employed at atomic weapons employer facilities 

during periods of residual contamination. 

Sec. 3169. Update of report on residual contamination of facilities. 

Sec. 3170. Sense of Congress on resource center for energy employees under Energy 

Employee Occupational Illness Compensation Program in western New 

York and western Pennsylvania region. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 

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

Sec. 3302. Revision of earlier authority to dispose of certain materials in National 

Defense Stockpile. 

Sec. 3303. Disposal of ferromanganese. 

Sec. 3304. Prohibition on storage of mercury at certain facilities. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for Maritime Administration. 

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

vessels. 

Sec. 3503. Modification of priority afforded applications for national defense tank 

vessel construction assistance. 

TITLE XXXVI—ASSISTANCE TO FIREFIGHTERS 

Sec. 3601. Short title. 

Sec. 3602. Amendments to Federal Fire Prevention and Control Act of 1974. 

Sec. 3603. Report on assistance to firefighters.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

For purposes of this Act, the term ‘‘congressional defense committees’’ has the meaning given that term in section 101(a)(16) of 

title 10, United States Code.

DIVISION A—DEPARTMENT OF DEFENSE 

AUTHORIZATIONS 

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities.

Subtitle B—Army Programs 

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

Sec. 112. Light utility helicopter program. 

Subtitle C—Navy Programs 

Sec. 121. DDG–51 modernization program. 

Sec. 122. Repeal of authority for pilot program for flexible funding of cruiser conversions and overhauls. 

Sec. 123. LHA(R) amphibious assault ship program. 

17

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. Aerial refueling aircraft acquisition program. 

Subtitle E—Other Matters 

Sec. 141. Development of deployable systems to include consideration of force protection in asymmetric threat environments. 

Sec. 142. Allocation of equipment authorized by this title to units deployed, or to be 

deployed, to Operation Iraqi Freedom or Operation Enduring Freedom. 

Sec. 143. Report on options for acquisition of precision-guided munitions.

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, $2,611,540,000. 

(2) For missiles, $1,307,000,000. 

(3) For weapons and tracked combat vehicles, $1,702,695,000. 

(4) For ammunition, $1,545,702,000. 

(5) For other procurement, $4,345,246,000. 

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, $8,814,442,000. 

(2) For weapons, including missiles and torpedoes, $2,067,520,000. 

(3) For shipbuilding and conversion, $10,116,827,000. 

(4) For other procurement, $4,633,886,000. 

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2005 for procurement for the Marine Corps 

in the amount of $1,268,453,000. 

(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 $878,140,000. 

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, $13,228,124,000. 

(2) For ammunition, $1,318,959,000. 

(3) For missiles, $4,548,513,000. 

(4) For other procurement, $12,949,327,000. 

SEC. 104. DEFENSE-WIDE ACTIVITIES. 

Funds are hereby authorized to be appropriated for fiscal year 

2005 for Defense-wide procurement in the amount of 

$2,846,583,000. 

Subtitle B—Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT 

WEIGHT 155–MILLIMETER HOWITZER PROGRAM. 

The Secretary of the Army and the Secretary of the Navy may, 

in accordance with section 2306b of title 10, United States Code, 

jointly enter into a multiyear contract, beginning with the fiscal 

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year 2005 program year, for procurement of the light weight 155-

millimeter howitzer.

SEC. 112. LIGHT UTILITY HELICOPTER PROGRAM. 

(a) LIMITATION.—None of the funds authorized to be appropriated under section 101(1) for the procurement of light utility helicopters may 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) an Army aviation modernization plan described in subsection (b). 

(b) ARMY AVIATION MODERNIZATION PLAN.—The Army aviation 

modernization plan referred to in subsection (a)(2) is an updated 

modernization plan for Army aviation that contains, at a minimum, 

the following: 

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

(2) A discussion of the Secretary’s decision to terminate the 

Comanche helicopter program and to restructure the aviation 

force of the Army. 

(3) 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. 

(4) A discussion of the conversion of Apache helicopters to 

block III configuration, including (A) the rationale for converting only 501 Apache helicopters to that configuration, and 

(B) the costs associated with a conversion of all Apache helicopters to the block III configuration. 

(5) A discussion of the procurement of light armed reconnaissance helicopters, including (A) the rationale for the requirement for light armed reconnaissance helicopters, and (B) 

a discussion of the costs associated with upgrading the light 

armed reconnaissance helicopter to meet Army requirements. 

(6) 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. 

(7) The rationale for the procurement of cargo fixed-wing 

aircraft. 

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

(9) A description of the operational employment of the 

Army’s restructured aviation force. 

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Subtitle C—Navy Programs

SEC. 121. DDG–51 MODERNIZATION PROGRAM. 

(a) ACCELERATION OF MODERNIZATION PROGRAM.—The Secretary of the Navy shall accelerate the program for in-service modernization of the DDG–51 class of destroyers (in this section referred 

to as the ‘‘modernization program’’). 

(b) REPORT.—Not later than March 31, 2005, the Secretary of 

the Navy shall submit to the congressional defense committees a report on the steps taken as of that date to carry out subsection (a). 

The report shall—

(1) describe the elements of the modernization program; 

and 

(2) specify those elements of the modernization program 

that are expected to contribute to the goal of reducing the crew 

size of the DDG–51 class of destroyers by one-third and explain 

the basis for those expectations.

SEC. 122. REPEAL OF AUTHORITY FOR PILOT PROGRAM FOR FLEXIBLE 

FUNDING OF CRUISER CONVERSIONS AND OVERHAULS. 

Section 126 of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136; 117 Stat. 1410; 10 U.S.C. 7291 

note) is repealed.

SEC. 123. 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. 

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. AERIAL REFUELING AIRCRAFT ACQUISITION PROGRAM. 

(a) TERMINATION OF LEASING AUTHORITY.—Subsection (a) of 

section 135 of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136; 117 Stat. 1413; 10 U.S.C. 2401a 

note) is amended by striking ‘‘may lease no more than 20 tanker aircraft’’ and inserting ‘‘shall lease no tanker aircraft’’. 

(b) MULTIYEAR PROCUREMENT AUTHORITY.—Subsection (b) of 

such section is amended—

(1) in paragraph (1)—

(A) by striking ‘‘Beginning with the fiscal year 2004 

program year, the Secretary’’ and inserting ‘‘The Secretary’’; 

and 

20

(B) by striking ‘‘necessary to meet’’ and all that follows 

through ‘‘is insufficient’’; 

(2) in paragraph (2), by striking ‘‘80’’ and inserting ‘‘100’’; 

and 

(3) by striking paragraph (4). 

(c) STUDY.—Subsection (c)(1) of such section is amended by 

striking ‘‘leased under the multiyear aircraft lease pilot program or’’ 

in subparagraphs (A) and (B). 

(d) RELATIONSHIP TO PREVIOUS LAW.—Such section is further 

amended by adding at the end the following new subsection: 

‘‘(f) RELATIONSHIP TO PREVIOUS LAW.—The multiyear procurement authority in subsection (b) may not be executed under section 

8159 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117).’’. 

Subtitle E—Other Matters

SEC. 141. DEVELOPMENT OF DEPLOYABLE SYSTEMS TO INCLUDE CONSIDERATION OF FORCE PROTECTION IN ASYMMETRIC 

THREAT ENVIRONMENTS. 

(a) REQUIREMENT FOR SYSTEMS DEVELOPMENT.—The Secretary 

of Defense shall require that the Department of Defense regulations, 

directives, and guidance governing the acquisition of covered systems be revised to require that—

(1) an assessment of warfighter survivability and of system 

suitability against asymmetric threats shall be performed as 

part of the development of system requirements for any such 

system; and 

(2) requirements for key performance parameters for force 

protection and survivability shall be included as part of the 

documentation of system requirements for any such system. 

(b) COVERED SYSTEMS.—In this section, the term ‘‘covered system’’ means any of the following systems that is expected to be deployed in an asymmetric threat environment: 

(1) Any manned system. 

(2) Any equipment intended to enhance personnel survivability. 

(c) INAPPLICABILITY OF DEVELOPMENT REQUIREMENT TO SYSTEMS ALREADY THROUGH DEVELOPMENT.—The revisions pursuant 

subsection (a) to Department of Defense regulations, directives, and 

guidance shall not apply to a system that entered low-rate initial 

production before the date of the enactment of this Act. 

(d) DEADLINE FOR POLICY REVISIONS.—The revisions required 

by subsection (a) to Department of Defense regulations, directives, 

and guidance shall be made not later than 120 days after the date 

of the enactment of this Act.

SEC. 142. ALLOCATION OF EQUIPMENT AUTHORIZED BY THIS TITLE TO 

UNITS DEPLOYED, OR TO BE DEPLOYED, TO OPERATION 

IRAQI FREEDOM OR OPERATION ENDURING FREEDOM. 

In allocating equipment acquired using funds authorized to be 

appropriated by this title to operational units deployed, or scheduled to be deployed, to Operation Iraqi Freedom or Operation Enduring Freedom, the Secretary of Defense shall ensure that the allocation is made without regard to the status of the units as active, 

Guard, or reserve component units.

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SEC. 143. REPORT ON OPTIONS FOR ACQUISITION OF PRECISIONGUIDED MUNITIONS. 

(a) REQUIREMENT FOR REPORT.—Not later than March 1, 2005, 

the Secretary of Defense shall submit to the congressional defense 

committees a report on options for the acquisition of precision-guided munitions. 

(b) CONTENT OF REPORT.—The report shall include the following: 

(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 for each munition (in constant 

fiscal year 2004 dollars) at each of the production rates 

specified in subparagraph (C) for each year in the futureyears defense program.

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. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Future Combat Systems program strategy. 

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

technologies. 

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

Sec. 214. Amounts for United States Joint Forces Command to be derived only from 

Defense-wide amounts. 

Sec. 215. Global Positioning System III satellite. 

Sec. 216. Initiation of concept demonstration of Global Hawk high altitude endurance unmanned aerial vehicle. 

Sec. 217. Joint Unmanned Combat Air Systems program. 

Subtitle C—Missile Defense Programs 

Sec. 231. Fielding of ballistic missile defense capabilities. 

Sec. 232. Integration of Patriot Advanced Capability-3 and Medium Extended Air 

Defense System into ballistic missile 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 Congress regarding funding of the Advanced Shipbuilding Enterprise under the National Shipbuilding Research Program of the Navy.

22

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, $9,307,248,000. 

(2) For the Navy, $16,200,591,000. 

(3) For the Air Force, $20,432,933,000. 

(4) For Defense-wide activities, $20,556,986,000, of which 

$304,135,000 is authorized for the Director of Operational Test 

and Evaluation.

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY. 

(a) FISCAL YEAR 2005.—Of the amounts authorized to be appropriated by section 201, $11,191,600,000 shall be available for the 

Defense Science and Technology Program, including basic research, 

applied research, and advanced technology development projects. 

(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED

TECHNOLOGY DEVELOPMENT DEFINED.—For purposes of this section, 

the term ‘‘basic research, applied research, and advanced technology 

development’’ means work funded in program elements for defense 

research and development under Department of Defense category 

6.1, 6.2, or 6.3.

Subtitle B—Program Requirements, Restrictions, and 

Limitations 

SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY. 

(a) PROGRAM STRATEGY REQUIRED.—The Secretary of the Army 

shall establish and implement a program strategy for the Future 

Combat Systems acquisition program of the Army. The purpose of 

the program strategy shall be to provide an effective, affordable, 

producible, and supportable military capability with a realistic 

schedule and a robust cost estimate. 

(b) ELEMENTS OF PROGRAM STRATEGY.—The program strategy 

shall—

(1) require the release, at the design readiness review, of 

not less than 90 percent of engineering drawings for the building of prototypes; 

(2) require, before facilitating production or contracting for 

items with long lead times, that an acceptable demonstration be 

carried out of the performance of the information network, including the performance of the Joint Tactical Radio System and 

the Warfighter Information Network-Tactical; and 

(3) require, before the initial production decision, that an 

acceptable demonstration be carried out of the collective capability of each system to meet system-of-systems requirements 

when integrated with the information network. 

(c) REQUIRED SUBMISSIONS TO CONGRESS.—Before convening 

the Milestone B update for the Future Combat Systems acquisition 

program required by the Future Combat Systems acquisition decision memorandum, the Under Secretary of Defense for Acquisition, 

Technology, and Logistics shall submit to Congress each of the following documents: 

23

(1) The cost estimate of the Army with respect to the Future 

Combat Systems program. 

(2) A report, prepared by an independent panel, on the maturity levels of the critical technologies with respect to the program, including an assessment of those technologies that are 

likely to require a decision to use an alternative approach. 

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

Army, describing—

(A) the status of the development and integration of the 

network and the command, control, computers, communications, intelligence, surveillance, and reconnaissance components; and 

(B) the progress made toward meeting the requirements 

for network-centric capabilities as set forth by such officer. 

(4) A report identifying the key performance parameters 

with respect to the program, with all objectives and thresholds 

quantified, together with the supporting analytical rationale. 

(d) INDEPENDENT COST ESTIMATE.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to 

Congress not later than March 1, 2005, an independent cost estimate, prepared by the cost analysis improvement group of the Office 

of the Secretary of Defense, with respect to the Future Combat Systems program. 

(e) LIMITATION ON FUNDING.—(1) Except as provided in paragraph (2), the Secretary of the Army may not obligate, from 

amounts made available for fiscal year 2005, more than 

$2,200,000,000 for the Future Combat Systems acquisition program. 

(2) The limitation in paragraph (1) shall not apply after the 

Secretary of the Army submits to Congress—

(A) the Secretary’s certification that the Secretary has established and implemented the program strategy required by 

subsection (a); and 

(B) each of the documents specified in subsection (c).

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

(a) PROGRAM REQUIRED.—The Secretary of Defense shall establish a program for research and development in advanced vacuum 

electronics to meet the requirements of Department of Defense systems. 

(b) DESCRIPTION OF PROGRAM.—The program under subsection 

(a) shall be carried out collaboratively by the Director of Defense Research and Engineering, the Secretary of the Navy, the Secretary of 

the Air Force, the Secretary of the Army, and other appropriate elements of the Department of Defense. The program shall include the 

following activities: 

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

(2) Identification of legacy and developmental Department 

of Defense systems which may make use of advanced vacuum 

electronics under the program. 

(c) REPORT.—Not later than January 31, 2005, the Director of 

Defense Research and Engineering shall submit to the congressional 

defense committees a report on the implementation of the program 

under subsection (a). The report shall include the following: 

24

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

(2) Assessment of the role of investing in vacuum electronics 

technologies as part of the overall strategy of the Department of 

Defense for investing in electronics technologies to meet the requirements of the Department. 

(3) The management plan and schedule for the program 

and any agreements relating to that plan. 

(4) Identification of the funding required for fiscal year 

2006 and for the future-years defense program to carry out the 

program. 

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

(6) An outline of the role of basic and applied research in 

support of the development and maturation of advanced vacuum electronics technologies needed to meet the requirements of 

the Department of Defense. 

(7) Assessment of global capabilities in vacuum electronics 

technologies and the effect of those capabilities on the national 

security and economic competitiveness of the United States.

SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON JOINT 

STRIKE FIGHTER PROGRAM. 

(a) ANNUAL GAO REVIEW.—The Comptroller General shall conduct an annual review of the Joint Strike Fighter aircraft program 

and shall, not later than March 15 of each year, submit to the congressional defense committees a report on the results of the most recent review. With each such report, the Comptroller General shall 

submit a certification as to whether the Comptroller General has 

had access to sufficient information to enable the Comptroller General to make informed judgments on the matters covered by the report. 

(b) MATTERS TO BE INCLUDED.—Each report on the Joint Strike 

Fighter aircraft program under subsection (a) shall include the following with respect to system development and demonstration under 

the program: 

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

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

year in which the report is submitted. 

(3) The Comptroller General’s conclusion regarding whether 

such system development and demonstration (leading to production) is likely to be completed at a total cost not in excess 

of the amount specified (or to be specified) for such purpose in 

the Selected Acquisition report for the Joint Strike Fighter aircraft program under section 2432 of title 10, United States 

Code, for the first quarter of the fiscal year during which the 

report of the Comptroller General is submitted. 

(c) REQUIREMENT TO SUPPORT ANNUAL GAO REVIEW.—The 

Secretary of Defense and the prime contractor for the Joint Strike 

Fighter aircraft program shall provide to the Comptroller General 

such information on that program as the Comptroller General considers necessary to carry out the responsibilities of the Comptroller 

General under this section, including such information as is necessary for the purposes of subsection (b)(3). 

25

(d) TERMINATION.—No report is required under this section 

after the report that, under subsection (a), is required to be submitted not later than March 15, 2009.

SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES COMMAND TO 

BE DERIVED ONLY FROM DEFENSE-WIDE AMOUNTS. 

(a) IN GENERAL.—Chapter 9 of title 10, United States Code, is 

amended by adding at the end the following new section:

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

‘‘(a) REQUIREMENT.—Amounts for research, development, test, 

and evaluation for the United States Joint Forces Command shall 

be derived only from amounts made available to the Department of 

Defense for Defense-wide research, development, test, and evaluation. 

‘‘(b) SEPARATE DISPLAY IN BUDGET.—Any amount in the budget 

submitted to Congress under section 1105 of title 31 for any fiscal 

year for research, development, test, and evaluation for the United 

States Joint Forces Command shall be set forth under the account 

of the Department of Defense for Defense-wide research, development, test, and evaluation.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘232. United States Joint Forces Command: amounts for research, development, test, 

and evaluation to be derived only from Defense-wide amounts.’’.

(c) APPLICABILITY.—Section 232 of title 10, United States Code 

(as added by subsection (a)) applies to fiscal years beginning with 

fiscal year 2007.

SEC. 215. 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. 216. 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. 217. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM. 

(a) EXECUTIVE COMMITTEE.—(1) The Secretary of Defense shall, 

subject to subsection (b), establish an executive committee and require that executive committee to provide guidance and recVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00051 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
26

ommendations 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.

Subtitle C—Missile Defense Programs 

SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES. 

(a) AUTHORITY.—Funds described in subsection (b) may, upon 

approval by the Secretary of Defense, be used for the development 

and fielding of ballistic missile defense capabilities. 

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

SEC. 232. INTEGRATION OF PATRIOT ADVANCED CAPABILITY-3 AND 

MEDIUM EXTENDED AIR DEFENSE SYSTEM INTO BALLISTIC MISSILE DEFENSE SYSTEM. 

(a) RELATIONSHIP TO BALLISTIC MISSILE DEFENSE SYSTEM.— The combined program of the Department of the Army known as the 

Patriot Advanced Capability-3/Medium Extended Air Defense System air and missile defense program (hereinafter in this section referred to as the ‘‘PAC–3/MEADS program’’) is an element of the 

Ballistic Missile Defense System. 

(b) MANAGEMENT OF CONFIGURATION CHANGES.—The Director 

of the Missile Defense Agency, in consultation with the Secretary of 

the Army (acting through the Assistant Secretary of the Army for 

Acquisition, Logistics and Technology) shall ensure that any configuration change for the PAC–3/MEADS program is subject to the 

configuration control board processes of the Missile Defense Agency 

so as to ensure integration of the PAC–3/MEADS element with appropriate elements of the Ballistic Missile Defense System.

(c) REQUIRED PROCEDURES.—(1) Except as otherwise directed by 

the Secretary of Defense, the Secretary of the Army (acting through 

the Assistant Secretary of the Army for Acquisition, Logistics and 

Technology) may make a significant change to the baseline technical 

specifications or the baseline schedule for the PAC–3/MEADS program only with the concurrence of the Director of the Missile Defense Agency. 

27

(2) With respect to a proposal by the Secretary of the Army to 

make a significant change to the procurement quantity (including 

any quantity in any future block procurement) that, as of the date 

of such proposal, is planned for the PAC–3/MEADS program, the 

Secretary of Defense shall establish—

(A) procedures for a determination of the effect of such 

change on Ballistic Missile Defense System capabilities and on 

the cost of the PAC–3/MEADS program; and 

(B) procedures for review of the proposed change by all relevant commands and agencies of the Department of Defense, including determination of the concurrence or nonconcurrence of 

each such command and agency with respect to such proposed 

change. 

(d) REPORT.—Not later than February 1, 2005, the Secretary of 

Defense shall submit to the congressional defense committees a report describing the procedures developed pursuant to subsection 

(c)(2). 

(e) DEFINITIONS.—For purpose of this section: 

(1) The term ‘‘significant change’’ means, with respect to the 

PAC–3/MEADS program, a change that would substantially 

alter the role or contribution of that program in the Ballistic 

Missile Defense System. 

(2) The term ‘‘baseline technical specifications’’ means, with 

respect to the PAC–3/MEADS program, those technical specifications for that program that have been approved by the configuration control board of the Missile Defense Agency and are 

in effect as of the date of the review. 

(3) The term ‘‘baseline schedule’’ means, with respect to the 

PAC–3/MEADS program, the development and production 

schedule for the PAC–3/MEADS program in effect at the time 

of a review of such program conducted pursuant to subsection 

(b) or (c)(2)(B).

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

Section 232(g) of the National Defense Authorization Act for 

Fiscal Year 2002 (10 U.S.C. 2431 note) is amended to read as follows: 

‘‘(g) COMPTROLLER GENERAL ASSESSMENT.—(1) At the conclusion of each of fiscal years 2002 through 2006, the Comptroller General of the United States shall carry out an assessment of the extent 

to which the Missile Defense Agency achieved the goals established 

under subsection (c) for that fiscal year for each ballistic missile defense program of the Department of Defense. 

‘‘(2) Not later than February 15 of each of 2003 through 2007, 

the Comptroller General shall submit to the congressional defense 

committees a report on the Comptroller General’s assessment under 

paragraph (1) with respect to the preceding fiscal 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 

28

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.

29

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 CONGRESS 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 CONGRESS.—It is the sense of Congress—

(1) that Congress— 

(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 

30

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. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense programs. 

Subtitle B—Environmental Provisions 

Sec. 311. Satisfaction of Superfund audit requirements by Inspector General of the 

Department of Defense. 

Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 

connection with Moses Lake Wellfield Superfund Site, Moses Lake, 

Washington. 

Sec. 313. Increase in authorized amount of environmental remediation, Front Royal, 

Virginia. 

Sec. 314. Small boat harbor, Unalaska, Alaska. 

Sec. 315. Report regarding encroachment issues affecting Utah Test and Training 

Range, Utah. 

Sec. 316. Comptroller General study and report on alternative technologies to decontaminate groundwater at Department of Defense installations. 

Sec. 317. Comptroller General study and report on drinking water contamination 

and related health effects at Camp Lejeune, North Carolina. 

Sec. 318. Sense of Congress regarding perchlorate contamination of ground and surface water from Department of Defense activities. 

Subtitle C—Workplace and Depot Issues 

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

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

employees. 

Sec. 323. Extension of special treatment for certain expenditures incurred in operation of Centers of Industrial and Technical Excellence. 

Sec. 324. Temporary authority for contractor performance of security-guard functions. 

Sec. 325. Pilot program for purchase of certain municipal services for Army installations. 

Sec. 326. Bid protests by Federal employees in actions under Office of Management 

and Budget Circular A–76. 

Sec. 327. Limitations on conversion of work performed by Department of Defense civilian employees to contractor performance. 

Sec. 328. Competitive sourcing reporting requirement. 

Subtitle D—Information Technology 

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

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

Sec. 333. Report on maturity and effectiveness of the Global Information Grid Bandwidth Expansion (GIG–BE). 

Subtitle E—Extensions of Program Authorities 

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

Sec. 342. Extension of Arsenal Support Program Initiative. 

Sec. 343. Two-year extension of warranty claims recovery pilot program. 

31

Subtitle F—Other Matters 

Sec. 351. Reimbursement for certain protective, safety, or health equipment purchased by or for members of the Armed Forces deployed in contingency 

operations. 

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

Sec. 353. Pilot program to authorize Army working-capital funded facilities to engage in cooperative activities with non-Army entities. 

Sec. 354. Transfer of excess Department of Defense personal property to assist firefighting agencies.

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, $26,098,411,000. 

(2) For the Navy, $29,682,590,000. 

(3) For the Marine Corps, $3,648,115,000. 

(4) For the Air Force, $28,298,660,000. 

(5) For Defense-wide activities, $17,325,276,000. 

(6) For the Army Reserve, $2,008,128,000. 

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

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

(9) For the Air Force Reserve, $2,239,790,000

(10) For the Army National Guard, $4,452,786,000. 

(11) For the Air National Guard, $4,503,338,000. 

(12) For the United States Court of Appeals for the Armed 

Forces, $10,825,000. 

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

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

(15) For Environmental Restoration, Air Force, 

$397,368,000. 

(16) For Environmental Restoration, Defense-wide, 

$23,684,000

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

(18) For Overseas Humanitarian, Disaster, and Civic Aid 

programs, $59,000,000. 

(19) For Cooperative Threat Reduction programs, 

$409,200,000. 

(20) For the Overseas Contingency Operations Transfer 

Fund, $10,000,000.

SEC. 302. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2005 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working 

capital and revolving funds in amounts as follows: 

(1) For the Defense Working Capital Funds, $451,886,000. 

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

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

32

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, in the amount of $17,657,386,000, of which—

(1) $17,219,844,000 is for Operation and Maintenance; 

(2) $72,907,000 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, in the amount of $1,371,990,000, of which—

(A) $1,088,801,000 is for Operation and Maintenance; 

(B) $204,209,000 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, in the amount of $852,947,000. 

(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, in the amount of 

$204,562,000, of which—

(1) $202,362,000 is for Operation and Maintenance; 

(2) $2,100,000 is for Procurement; and 

(3) $100,000 is for Research, Development, Test, and Evaluation.

Subtitle B—Environmental Provisions

SEC. 311. SATISFACTION OF SUPERFUND AUDIT REQUIREMENTS BY 

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 section 111(k) of Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 

9611(k)) if the Inspector General conducts periodic audits of the 

payments, obligations, reimbursements, and other uses of the Hazardous Substance Superfund by the Department of Defense, 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).

33

SEC. 312. 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. 313. 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. 314. SMALL BOAT HARBOR, UNALASKA, ALASKA. 

The Secretary of the Army shall carry out the small boat harbor 

project in Unalaska, Alaska, at a total estimated cost of 

$23,200,000, with an estimated Federal cost of $11,500,000 and an 

estimated non-Federal cost of $11,700,000, substantially in accordance with the plans, and subject to the conditions, recommended in 

a final report of the Chief of Engineers if a favorable final report 

of the Chief for the project is completed not later than December 31, 

2004.

SEC. 315. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING 

UTAH TEST AND TRAINING RANGE, UTAH. 

(a) REPORT REQUIRED.—The Secretary of the Air Force shall 

prepare a report that outlines current and anticipated encroachments on the use and utility of the special use airspace of the Utah 

Test and Training Range in the State of Utah, including encroachments brought about through actions of other Federal agencies. The 

Secretary shall include in the report such recommendations as the 

Secretary considers appropriate regarding any legislative initiatives 

necessary to address encroachment problems identified by the Secretary in the report. 

(b) SUBMISSION OF REPORT.—Not later than one year after the 

date of the enactment of this Act, the Secretary shall submit the report to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate. It is the 

34

sense of Congress that the recommendations contained in the report 

should be carefully considered for future legislative action. 

(c) PROHIBITION ON GROUND MILITARY OPERATIONS.—Nothing 

in this section shall be construed to permit a military operation to 

be conducted on the ground in a covered wilderness study area in 

the Utah Test and Training Range. 

(d) COMMUNICATIONS AND TRACKING SYSTEMS.—Nothing in 

this section shall be construed to prevent any required maintenance 

of existing communications, instrumentation, or electronic tracking 

systems (or the infrastructure supporting such systems) necessary 

for effective testing and training to meet military requirements in 

the Utah Test and Training Range.

SEC. 316. COMPTROLLER GENERAL STUDY AND REPORT ON ALTERNATIVE TECHNOLOGIES TO DECONTAMINATE GROUNDWATER AT DEPARTMENT OF DEFENSE INSTALLATIONS. 

(a) COMPTROLLER GENERAL STUDY.—The Comptroller General 

shall conduct a study to determine whether 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, used to respond to 

groundwater contamination. 

(b) ELEMENTS OF STUDY.—In conducting the study under subsection (a), the Comptroller General shall—

(1) identify current technologies being used or field tested 

by the Department of Defense to treat groundwater at Department installations; 

(2) identify cost-effective technologies for the cleanup of 

groundwater contamination that—

(A) are being researched, are under development by 

commercial vendors, or are available commercially and 

being used outside the Department; and 

(B) have potential for use by the Department to address 

groundwater contamination; 

(3) evaluate the potential benefits and limitations of using 

the technologies identified under paragraphs (1) and (2); and 

(4) consider the barriers, such as cost, capability, or legal 

restrictions, to using the technologies identified under paragraph (2). 

(c) REPORT REQUIRED.—Not later than April 1, 2005, the Comptroller General shall submit to the Committee on Armed Services of 

the Senate and the Committee on Armed Services of the House of 

Representatives a report containing the results of the study, including information regarding the matters specified in subsection (b) 

and any recommendations, including recommendations for administrative or legislative action, that the Comptroller General considers 

appropriate.

SEC. 317. COMPTROLLER GENERAL STUDY AND REPORT ON DRINKING 

WATER CONTAMINATION AND RELATED HEALTH EFFECTS 

AT CAMP LEJEUNE, NORTH CAROLINA. 

(a) STUDY.—The Comptroller General 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—

35

(A) what contamination has been found in the drinking 

water; 

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

have begun; and 

(C) what actions have been taken to address such contamination. 

(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 of the Department of Health and Human 

Services, 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)(2) that the Comptroller General conduct an assessment of the study proposed by the Agency for Toxic Substances 

and Disease Registry, as described in such subsection, may not be 

construed as a basis for the delay of that study. The assessment 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. 318. SENSE OF CONGRESS REGARDING PERCHLORATE CONTAMINATION OF GROUND AND SURFACE WATER FROM DEPARTMENT OF DEFENSE ACTIVITIES. 

It is the sense of Congress that the Secretary of Defense 

should— 

(1) develop a plan for the remediation of perchlorate contamination resulting from the activities of the Department of 

Defense to ensure that the Department is prepared to respond 

quickly and appropriately once the United States establishes a 

drinking water standard for perchlorate; 

36

(2) continue remediation activities for perchlorate contamination at those sites where perchlorate contamination poses an 

imminent and substantial endangerment to public health and 

welfare and where the Department is undertaking site-specific 

remedial action as of the date of the enactment of this Act; 

(3) develop a plan for the remediation of perchlorate contamination resulting from the activities of the Department of 

Defense in cases in which, notwithstanding the lack of a drinking water standard for perchlorate, such contamination is 

present in ground or surface water at levels that the Secretary 

of Defense determines pose a hazard to human health; and 

(4) continue the process of evaluating and prioritizing perchlorate contamination sites without waiting for the establishment of the Federal drinking water standard for perchlorate. 

Subtitle C—Workplace and Depot Issues

SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS 

CONCERNING FUNDS EXPENDED FOR DEPOT MAINTENANCE AND REPAIR WORKLOADS. 

Subsection (d) of section 2466 of title 10, United States Code, 

is amended to read as follows: 

‘‘(d) ANNUAL REPORT AND REVIEW.—(1) Not later than April 1 

of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast 

Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that was expended during the preceding 

fiscal year, and are projected to be expended during the current fiscal year and the ensuing fiscal year, for performance of depot-level 

maintenance and repair workloads by the public and private sectors. 

‘‘(2) Not later than 90 days after the date on which the Secretary submits a report under paragraph (1), the Comptroller General shall submit to Congress the Comptroller General’s views on 

whether—

‘‘(A) the Department of Defense complied with the requirements of subsection (a) during the preceding fiscal year covered 

by the report; and 

‘‘(B) the expenditure projections for the current fiscal year 

and the ensuing fiscal year are reasonable.’’.

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

(a) REPEAL.—Section 2472 of title 10, United States Code, is 

amended— 

(1) by striking ‘‘(a) PROHIBITION ON MANAGEMENT BY END

STRENGTH.—’’; and 

(2) by striking subsection (b). 

(b) CLERICAL AMENDMENTS.—(1) The heading of such section is 

amended to read as follows: 

‘‘§ 2472. Prohibition on management of depot employees by 

end strength’’. 

(2) The table of sections at the beginning of chapter 146 of such 

title is amended by striking the item relating to section 2472 and 

inserting the following new item:

‘‘2472. Prohibition on management of depot employees by end strength.’’.

37

SEC. 323. EXTENSION OF SPECIAL TREATMENT FOR CERTAIN EXPENDITURES INCURRED IN OPERATION OF CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE. 

Section 2474(f)(1) of title 10, United States Code, is amended by 

striking ‘‘through 2006’’ and inserting ‘‘through 2009’’.

SEC. 324. TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE 

OF SECURITY-GUARD FUNCTIONS. 

(a) CONDITIONAL EXTENSION OF AUTHORITY.—Subsection (c) of 

section 332 of the Bob Stump National Defense Authorization Act 

for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2513) is 

amended—

(1) by inserting ‘‘(1)’’ after ‘‘AUTHORITY.—’’; and 

(2) by striking ‘‘at the end of the three-year period’’ and all 

that follows through the period at the end of the subsection and 

inserting the following: ‘‘at the end of September 30, 2006, except that such authority shall not be in effect after December 1, 

2005, if the Secretary fails to submit to Congress the plan required by subsection (d)(4), until the date on which the Secretary submits the plan. 

‘‘(2) No security-guard functions may be performed under any 

contract entered into using the authority provided under this section 

during any period in which the authority for contractor performance 

of security-guard functions under this section is not in effect under 

paragraph (1). The term of any contract entered into using such authority may not extend beyond September 30, 2006.’’. 

(b) REAFFIRMATION AND REVISION OF REPORTING REQUIREMENT.—Subsection (d) of such section is amended to read as follows: 

‘‘(d) REPORT AND PLAN REQUIRED.—Not later than December 1, 

2005, the Secretary of Defense shall submit to the congressional defense committees a report that—

‘‘(1) identifies each contract for the performance of securityguard functions entered into on or before September 30, 2004, 

pursuant to the authority provided by subsection (a), including 

information regarding—

‘‘(A) each installation at which such security-guard 

functions are performed or are to be performed; 

‘‘(B) the period and amount of such contract; 

‘‘(C) the number of security guards employed or to be 

employed under such contract; 

‘‘(D) whether the contract was awarded pursuant to 

full and open competition; and 

‘‘(E) the actions taken or to be taken within the Department of Defense to ensure that the conditions applicable 

under paragraph (1) of subsection (a) or determined under 

paragraph (2) of such subsection are satisfied; 

‘‘(2) identifies, for each military installation at which such 

authority was used or is expected to be used, any requirements 

for the performance of security-guard functions described in 

subsection (a) that are expected to continue after the date on 

which such authority expires; 

‘‘(3) identifies any limitation or constraint on the end 

strength of the civilian workforce of the Department of Defense 

that makes it difficult to meet requirements identified under 

38

paragraph (2) by hiring personnel as civilian employees of the 

Department of Defense; and 

‘‘(4) includes a plan for meeting such requirements, in a 

manner consistent with applicable law, on a long-term basis.’’.

SEC. 325. PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNICIPAL 

SERVICES FOR ARMY INSTALLATIONS. 

(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Army may 

carry out a pilot program to procure one or more of the municipal 

services specified in subsection (b) for an Army installation from a 

county or municipality in which the installation is located for the 

purpose of evaluating the efficacy of procuring such services rather 

than providing them directly.

(b) SERVICES AUTHORIZED FOR PROCUREMENT.—Only the following services may be procured for a military installation participating in the pilot program: 

(1) Refuse collection. 

(2) Refuse disposal. 

(3) Library services. 

(4) Recreation services. 

(5) Facility maintenance and repair. 

(6) Utilities. 

(c) PARTICIPATING INSTALLATIONS.—Not more than two Army 

installations may be selected to participate in the pilot program, 

and only installations located in the United States are eligible for 

selection. 

(d) CONGRESSIONAL NOTIFICATION.—The Secretary may not 

enter into a contract under the pilot program for the procurement 

of municipal services until the Secretary notifies the congressional 

defense committees of the proposed contract and a period of 14 days 

elapses from the date the notification is received by the committees. 

(e) IMPLEMENTATION REPORT.—(1) Not later than February 1, 

2007, the Secretary shall submit to the congressional defense committees and the Comptroller General a report describing the implementation of the pilot program, evaluating the efficacy of procuring 

municipal services for participating installations from local counties 

or municipalities, and containing any recommendations that the 

Secretary considers appropriate regarding expansion or alteration of 

the program. 

(2) The Comptroller General shall submit to the congressional 

defense committees an assessment of the findings and recommendations contained in the report submitted under paragraph (1). 

(f) TERMINATION OF PILOT PROGRAM.—The pilot program shall 

terminate on September 30, 2010. Any contract entered into under 

the pilot program shall terminate not later than that date.

SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER 

OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A–76. 

(a) TREATMENT OF AGENCY TENDER OFFICIAL AS INTERESTED

PARTY.—Section 3551(2) of title 31, United States Code, is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

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

‘‘(B) The term includes the official responsible for submitting the Federal agency tender in a public-private competition 

conducted under Office of Management and Budget Circular A–

76 regarding an activity or function of a Federal agency perVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00064 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
39

formed by more than 65 full-time equivalent employees of the 

Federal agency.’’. 

(b) FILING OF PROTEST ON BEHALF OF FEDERAL EMPLOYEES.— Section 3552 of such title is amended—

(1) by inserting ‘‘(a)’’ before ‘‘A protest’’; and 

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

‘‘(b)(1) In the case of an agency tender official who is an interested party under section 3551(2)(B) of this title, the official may file 

a protest in connection with the public-private competition for which 

the official is an interested party. At the request of a majority of the 

employees of the Federal agency who are engaged in the performance of the activity or function subject to such public-private competition, the official shall file a protest in connection with such public-private competition unless the official determines that there is no 

reasonable basis for the protest. 

‘‘(2) The determination of an agency tender official under paragraph (1) whether or not to file a protest is not subject to administrative or judicial review. An agency tender official shall provide 

written notification to Congress whenever the official makes a determination under paragraph (1) that there is no reasonable basis for 

a protest.’’.

(c) INTERVENTION IN PROTEST.—Section 3553 of such title is 

amended by adding at the end the following new subsection: 

‘‘(g) If an interested party files a protest in connection with a 

public-private competition described in section 3551(2)(B) of this 

title, a person representing a majority of the employees of the Federal agency who are engaged in the performance of the activity or 

function subject to the public-private competition may intervene in 

protest.’’. 

(d) APPLICABILITY.—The amendments made by this section 

shall apply to protests filed under subchapter V of chapter 35 of title 

31, United States Code, that relate to studies initiated under Office 

of Management and Budget Circular A–76 on or after the end of the 

90-day period beginning on the date of the enactment of this Act. 

(e) RULE OF CONSTRUCTION.—The amendments made by this 

section shall not be construed to authorize the use of a protest under 

subchapter V of chapter 35 of title 31, United States Code, with regard to a decision made by an agency tender official.

SEC. 327. LIMITATIONS ON CONVERSION OF WORK PERFORMED BY DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES TO CONTRACTOR PERFORMANCE. 

(a) REQUIRED COST-SAVINGS THRESHOLD FOR CONVERSION.—If 

a public-private competition conducted under the Office of Management and Budget Circular A–76 dated May 29, 2003 (68 Fed. Reg. 

32134), regarding an activity or function performed by civilian employees of the Department of Defense is required to include a formal 

comparison of the cost of civilian employee performance of the activity or function with the cost of contractor performance, the Secretary 

of Defense shall maintain the continued performance of the activity 

or function by civilian employees unless the competitive sourcing official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the 

cost of performance of the activity or function by a contractor would 

be less costly to the Department of Defense by an amount that 

equals or exceeds the lesser of the following: 

40

(1) $10,000,000. 

(2) 10 percent of the most efficient organization’s personnelrelated costs for performance of the activity or function by civilian employees. 

(b) PROHIBITION ON MODIFICATION OF FUNCTIONS TO PERMIT

STREAMLINED A–76 STUDY.—The Secretary of Defense shall ensure 

that no organization, function, or activity of the Department of Defense is consolidated, restructured, reengineered, or otherwise modified in any way for the purpose of exempting any public-private 

competition conducted under the Office of Management and Budget 

Circular A–76 dated May 29, 2003 (68 Fed. Reg. 32134), regarding 

a commercial or industrial type function of the Department of Defense from the requirement to formally compare, in accordance with 

such Circular, the cost of civilian employee performance of the function with the cost of contractor performance. 

(c) EXCEPTION.—Subsection (a) does not apply in the case of a 

public-private competition conducted as part of the best-value source 

selection pilot program authorized by section 336 of the National 

Defense Authorization Act for Fiscal Year 2004 (Public Law 108–

136; 10 U.S.C. 2461 note). 

SEC. 328. COMPETITIVE SOURCING REPORTING REQUIREMENT. 

Not later than February 1, 2005, the Inspector General of the 

Department of Defense shall submit to Congress a report addressing 

whether the Department of Defense—

(1) employs a sufficient number of adequately trained civilian employees—

(A) to conduct satisfactorily, taking into account equity, 

efficiency and expeditiousness, all of the public-private competitions that are scheduled to be undertaken by the Department of Defense during the next fiscal year (including 

a sufficient number of employees to formulate satisfactorily 

the performance work statements and most efficient organization plans for the purposes of such competitions); and 

(B) to administer any resulting contracts; and 

(2) has implemented a comprehensive and reliable system 

to track and assess the cost and quality of the performance of 

functions of the Department of Defense by service contractors. 

Subtitle D—Information Technology

SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE PLAN FOR 

TRANSITION TO INTERNET PROTOCOL VERSION 6. 

(a) TRANSITION PLAN REQUIRED.—The Secretary of Defense 

shall prepare a plan detailing the Department of Defense strategy 

to provide for the transition of the Department’s information technology systems to Internet Protocol version 6 from the present use 

of Internet Protocol version 4 and other network protocols. In preparing the transition plan, the Secretary shall compare private industry plans for the transition to Internet Protocol version 6. 

(b) ELEMENTS OF PLAN.—The transition plan required by subsection (a) shall include the following: 

(1) An outline of the networking and security system equipment that will need to be replaced in the transition, including 

the timing and costs of such replacement. 

41

(2) An assessment of how the current and new networks 

and security systems will be managed. 

(3) An assessment of the potential impact of the transition, 

including an overall cost estimate for the transition and an estimate of the costs to be incurred by each of the military departments and the Defense Agencies. 

(4) Any measures proposed to alleviate any adverse effects 

of the transition. 

(c) TESTING AND EVALUATION FOR INTERNET PROTOCOL.—To 

determine whether a change to the use of Internet Protocol version 

6 will support Department of Defense requirements, the Secretary of 

Defense shall provide for rigorous, real-world, end-to-end testing of 

Internet Protocol version 6, as proposed for use by the Department, 

to evaluate the following: 

(1) The ability of Internet Protocol version 6, with its ‘‘best 

effort’’ quality of service, to satisfactory support the Department’s multiple applications and other information technology 

systems, including the use of Internet Protocol version 6 over 

bandwidth-constrained tactical circuits. 

(2) The ability of the Department’s networks using Internet 

Protocol version 6 to respond to, and perform under, heavy 

loading of the core networks. 

(d) REPORTS ON PLAN AND TEST RESULTS.—(1) Not later than 

March 31, 2005, the Secretary of Defense shall submit to the congressional defense committees a report containing the transition 

plan prepared under subsection (a). 

(2) Not later than September 30, 2005, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report containing an update on the continuing 

test program and any test results.

SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITECTURE, SYSTEM 

ACCOUNTABILITY, AND CONDITIONS FOR OBLIGATION OF 

FUNDS FOR DEFENSE BUSINESS SYSTEM MODERNIZATION. 

(a) IN GENERAL.—(1) Chapter 131 of title 10, United States 

Code, is amended by inserting before section 2223 the following new 

section: 

‘‘§ 2222. Defense business systems: architecture, accountability, and modernization 

‘‘(a) CONDITIONS FOR OBLIGATION OF FUNDS FOR DEFENSE

BUSINESS SYSTEM MODERNIZATION.—Effective October 1, 2005, 

funds appropriated to the Department of Defense may not be obligated for a defense business system modernization that will have a 

total cost in excess of $1,000,000 unless—

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

defense business system modernization—

‘‘(A) is in compliance with the enterprise architecture 

developed under subsection (c); 

‘‘(B) is necessary to achieve a critical national security 

capability or address a critical requirement in an area such 

as safety or security; or 

42

‘‘(C) is necessary to prevent a significant adverse effect 

on a project that is needed to achieve an essential capability, taking into consideration the alternative solutions for 

preventing such adverse effect; and 

‘‘(2) the certification by the approval authority is approved 

by the Defense Business Systems Management Committee. 

‘‘(b) OBLIGATION OF FUNDS IN VIOLATION OF REQUIREMENTS.—

The obligation of Department of Defense funds for a business system 

modernization in excess of the amount specified in subsection (a) 

that has not been certified and approved in accordance with such 

subsection is a violation of section 1341(a)(1)(A) of title 31. 

‘‘(c) ENTERPRISE ARCHITECTURE FOR DEFENSE BUSINESS SYSTEMS.—Not later than September 30, 2005, the Secretary of Defense, 

acting through the Defense Business Systems Management Committee, shall develop—

‘‘(1) an enterprise architecture to cover all defense business 

systems, and the functions and activities supported by defense 

business systems, which shall be sufficiently defined to effectively guide, constrain, and permit implementation of interoperable defense business system solutions and consistent with the 

policies and procedures established by the Director of the Office 

of Management and Budget, and 

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

‘‘(d) COMPOSITION OF ENTERPRISE ARCHITECTURE.—The defense 

business enterprise architecture developed under subsection (c)(1) 

shall include the following: 

‘‘(1) An information infrastructure that, at a minimum, 

would enable the Department of Defense to—

‘‘(A) comply with all Federal accounting, financial 

management, and reporting requirements; 

‘‘(B) routinely produce timely, accurate, and reliable financial information for management purposes; 

‘‘(C) integrate budget, accounting, and program information and systems; and 

‘‘(D) provide for the systematic measurement of performance, including the ability to produce timely, relevant, 

and reliable cost information. 

‘‘(2) Policies, procedures, data standards, and system interface requirements that are to apply uniformly throughout the 

Department of Defense. 

‘‘(e) COMPOSITION OF TRANSITION PLAN.—(1) The transition 

plan developed under subsection (c)(2) shall include the following: 

‘‘(A) The acquisition strategy for new systems that are expected to be needed to complete the defense business enterprise 

architecture. 

‘‘(B) A listing of the defense business systems as of December 2, 2002 (known as ‘legacy systems’), that will not be part of 

the objective defense business enterprise architecture, together 

with the schedule for terminating those legacy systems that provides for reducing the use of those legacy systems in phases. 

‘‘(C) A listing of the legacy systems (referred to in subparagraph (B)) that will be a part of the objective defense business 

system, together with a strategy for making the modifications to 

43

those systems that will be needed to ensure that such systems 

comply with the defense business enterprise architecture. 

‘‘(2) Each of the strategies under paragraph (1) shall include 

specific time-phased milestones, performance metrics, and a statement of the financial and nonfinancial resource needs. 

‘‘(f) APPROVAL AUTHORITIES AND ACCOUNTABILITY FOR DEFENSE

BUSINESS SYSTEMS.—The Secretary of Defense shall delegate responsibility for review, approval, and oversight of the planning, design, acquisition, deployment, operation, maintenance, and modernization of defense business systems as follows: 

‘‘(1) The Under Secretary of Defense for Acquisition, Technology and Logistics shall be responsible and accountable for 

any defense business system the primary purpose of which is to 

support acquisition activities, logistics activities, or installations and environment activities of the Department of Defense. 

‘‘(2) The Under Secretary of Defense (Comptroller) shall be 

responsible and accountable for any defense business system the 

primary purpose of which is to support financial management 

activities or strategic planning and budgeting activities of the 

Department of Defense. 

‘‘(3) The Under Secretary of Defense for Personnel and 

Readiness shall be responsible and accountable for any defense 

business system the primary purpose of which is to support 

human resource management activities of the Department of 

Defense. 

‘‘(4) The Assistant Secretary of Defense for Networks and 

Information Integration and the Chief Information Officer of 

the Department of Defense shall be responsible and accountable 

for any defense business system the primary purpose of which 

is to support information technology infrastructure or information assurance activities of the Department of Defense. 

‘‘(5) The Deputy Secretary of Defense or an Under Secretary 

of Defense, as designated by the Secretary of Defense, shall be 

responsible for any defense business system the primary purpose 

of which is to support any activity of the Department of Defense 

not covered by paragraphs (1) through (4). 

‘‘(g) DEFENSE BUSINESS SYSTEM INVESTMENT REVIEW.—(1) The 

Secretary of Defense shall require each approval authority designated under subsection (f) to establish, not later than March 15, 

2005, an investment review process, consistent with section 11312 of 

title 40, to review the planning, design, acquisition, development, 

deployment, operation, maintenance, modernization, and project 

cost benefits and risks of all defense business systems for which the 

approval authority is responsible. The investment review process so 

established shall specifically address the responsibilities of approval 

authorities under subsection (a). 

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

‘‘(A) Review and approval by an investment review board of 

each defense business system as an investment before the obligation of funds on the system. 

‘‘(B) Periodic review, but not less than annually, of every 

defense business system investment. 

44

‘‘(C) Representation on each investment review board by appropriate officials from among the armed forces, combatant 

commands, the Joint Chiefs of Staff, and Defense Agencies. 

‘‘(D) Use of threshold criteria to ensure an appropriate level 

of review within the Department of Defense of, and accountability for, defense business system investments depending on 

scope, complexity, and cost. 

‘‘(E) Use of procedures for making certifications in accordance with the requirements of subsection (a). 

‘‘(F) Use of procedures for ensuring consistency with the 

guidance issued by the Secretary of Defense and the Defense 

Business Systems Management Committee, as required by section 186(c) of this title, and incorporation of common decision 

criteria, including standards, requirements, and priorities that 

result in the integration of defense business systems. 

‘‘(h) BUDGET INFORMATION.—In the materials that the Secretary 

submits to Congress in support of the budget submitted to Congress 

under section 1105 of title 31 for fiscal year 2006 and fiscal years 

thereafter, the Secretary of Defense shall include the following information: 

‘‘(1) Identification of each defense business system for which 

funding is proposed in that budget. 

‘‘(2) Identification of all funds, by appropriation, proposed 

in that budget for each such system, including—

‘‘(A) funds for current services (to operate and maintain 

the system); and 

‘‘(B) funds for business systems modernization, identified for each specific appropriation. 

‘‘(3) For each such system, identification of the official to 

whom authority for such system is delegated under subsection 

(f). 

‘‘(4) For each such system, a description of each certification made under subsection (d) with regard to such system. 

‘‘(i) CONGRESSIONAL REPORTS.—Not later than March 15 of 

each year from 2005 through 2009, the Secretary of Defense shall 

submit to the congressional defense committees a report on Department of Defense compliance with the requirements of this section. 

The first report shall define plans and commitments for meeting the 

requirements of subsection (a), including specific milestones and 

performance measures. Subsequent reports shall—

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

‘‘(A) specific milestones and actual performance against 

specified performance measures, and any revision of such 

milestones and performance measures; and 

‘‘(B) specific actions on the defense business system 

modernizations submitted for certification under such subsection; 

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

‘‘(3) identify any defense business system modernization 

with an obligation in excess of $1,000,000 during the preceding 

fiscal year that was not certified under subsection (a), and the 

reasons for the waiver; and 

45

‘‘(4) discuss specific improvements in business operations 

and cost savings resulting from successful defense business systems modernization efforts. 

‘‘(j) DEFINITIONS.—In this section: 

‘‘(1) The term ‘approval authority’, with respect to a defense 

business system, means the Department of Defense official responsible for the defense business system, as designated by subsection (f). 

‘‘(2) The term ‘defense business system’ means an information system, other than a national security system, operated by, 

for, or on behalf of the Department of Defense, including financial systems, mixed systems, financial data feeder systems, and 

information technology and information assurance infrastructure, used to support business activities, such as acquisition, financial management, logistics, strategic planning and budgeting, installations and environment, and human resource management. 

‘‘(3) The term ‘defense business system modernization’ 

means—

‘‘(A) the acquisition or development of a new defense 

business system; or 

‘‘(B) any significant modification or enhancement of an 

existing defense business system (other than necessary to 

maintain current services). 

‘‘(4) The term ‘enterprise architecture’ has the meaning 

given that term in section 3601(4) of title 44.

‘‘(5) The terms ‘information system’ and ‘information technology’ have the meanings given those terms in section 11101 

of title 40. 

‘‘(6) The term ‘national security system’ has the meaning 

given that term in section 2315 of this title.’’. 

(2) The table of sections at the beginning of such chapter is 

amended by inserting before the item relating to section 2223 the 

following new item:

‘‘2222. Defense business systems: architecture, accountability, and modernization.’’.

(b) DEFENSE BUSINESS SYSTEM MANAGEMENT COMMITTEE.—(1) 

Chapter 7 of such title is amended by adding at the end the following new section: 

‘‘§ 186. Defense Business System Management Committee 

‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

a Defense Business Systems Management Committee, to be composed of the following persons: 

‘‘(1) The Deputy Secretary of Defense. 

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

‘‘(3) The Under Secretary of Defense for Personnel and 

Readiness. 

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

‘‘(5) The Assistant Secretary of Defense for Networks and 

Information Integration. 

‘‘(6) The Secretaries of the military departments and the 

heads of the Defense Agencies. 

46

‘‘(7) Such additional personnel of the Department of Defense (including personnel assigned to the Joint Chiefs of Staff 

and combatant commands) as are designated by the Secretary 

of Defense. 

‘‘(b) CHAIRMAN AND VICE CHAIRMAN.—The Deputy Secretary of 

Defense shall serve as the chairman of the Committee. The Secretary 

of Defense shall designate one of the officials specified in paragraphs (2) through (5) of subsection (a) as the vice chairman of the 

Committee, who shall act as chairman in the absence of the Deputy 

Secretary of Defense. 

‘‘(c) DUTIES.—(1) In addition to any other matters assigned to 

the Committee by the Secretary of Defense, the Committee shall—

‘‘(A) recommend to the Secretary of Defense policies and 

procedures necessary to effectively integrate the requirements of 

section 2222 of this title into all business activities and any 

transformation, reform, reorganization, or process improvement 

initiatives undertaken within the Department of Defense; 

‘‘(B) review and approve any major update of the defense 

business enterprise architecture developed under subsection (b) 

of section 2222 of this title, including evolving the architecture, 

and of defense business systems modernization plans; and 

‘‘(C) manage cross-domain integration consistent with such 

enterprise architecture. 

‘‘(2) The Committee shall be responsible for coordinating defense business system modernization initiatives to maximize benefits 

and minimize costs for the Department of Defense and periodically 

report to the Secretary on the status of defense business system modernization efforts. 

‘‘(3) The Committee shall ensure that funds are obligated for defense business system modernization in a manner consistent with 

section 2222 of this title. 

‘‘(c) DEFINITIONS.—In this section, the terms ‘defense business 

system’ and ‘defense business system modernization’ have the meanings given such terms in section 2222 of this title.’’. 

(2) The table of sections at the beginning of such chapter is 

amended by adding at the end the following new item:

‘‘186. Defense Business System Management Committee.’’.

(c) IMPLEMENTATION REQUIREMENTS.—Not later than 60 days 

after the date of the enactment of this Act, the Secretary of Defense 

shall—

(1) complete the delegation of responsibility for the review, 

approval, and oversight of the planning, design, acquisition, deployment, operation, maintenance, and modernization of defense business systems required by subsection (f) of section 2222 

of title 10, United States Code, as added by subsection (a)(1); 

and 

(2) designate a vice chairman of the Defense Business System Management Committee, as required by subsection (b) of 

section 186 of such title, as added by subsection (b)(1). 

(d) COMPTROLLER GENERAL ASSESSMENT.—Not later than 60 

days after the date on which the Secretary of Defense approves the 

defense business enterprise architecture and transition plan developed under section 2222 of title 10, United States Code, as added 

by subsection (a)(1), and again each year not later than 60 days 

47

after the submission of the annual report required under subsection 

(i), the Comptroller General shall submit to the congressional defense committees an assessment of the extent to which the actions 

taken by the Department comply with the requirements of such section. 

(e) RELATION TO ANNUAL REGISTRATION REQUIREMENTS.—

Nothing in sections 186 and 2222 of title 10, United States Code, 

as added by this section, shall be construed to alter the requirements of section 8083 of the Department of Defense Appropriations 

Act, 2005 (Public Law 108–287; 118 Stat. 989), with regard to information technology systems (as defined in subsection (d) of such section). 

(f) REPEAL OF OBSOLETE FINANCIAL MANAGEMENT ENTERPRISE

ARCHITECTURE REQUIREMENTS.—Section 1004 of the Bob Stump 

National Defense Authorization Act for Fiscal Year 2003 (Public 

Law 107–314; 10 U.S.C. 113 note) is repealed.

SEC. 333. REPORT ON MATURITY AND EFFECTIVENESS OF THE GLOBAL INFORMATION GRID BANDWIDTH EXPANSION (GIG–BE). 

(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 congressional defense committees a report on a test program 

to demonstrate the maturity and effectiveness of the Global Information Grid-Bandwidth Expansion (hereinafter in this section referred 

to as ‘‘GIG–BE’’). 

(b) CONTENT OF REPORT.—In the report under subsection (a), 

the Secretary of Defense shall include the following: 

(1) The Secretary’s determination as to 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) Identification of—

(A) the extent to which the GIG–BE architecture does 

not meet the overall goals of the GIG–BE program; and 

(B) the components of that architecture that are not yet 

sufficiently developed to achieve the overall goals of that 

program. 

(3) A plan for achieving compliance referred to in paragraph (1), together with cost estimates for carrying out that 

plan. 

(4) Documentation of the equipment and network configuration used in the test program to demonstrate real-world scenarios for the operation of the GIG–BE within the continental 

United States.

Subtitle E—Extensions of Program Authorities

SEC. 341. TWO-YEAR EXTENSION OF DEPARTMENT OF DEFENSE TELECOMMUNICATIONS BENEFIT. 

Section 344(c) of the National Defense Authorization Act for 

Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1448) is amended 

by striking ‘‘September 30, 2004’’ and inserting ‘‘September 30, 

2006’’.

SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE. 

(a) DURATION OF PROGRAM.—Subsection (a) of section 343 of 

the Floyd D. Spence National Defense Authorization Act for Fiscal 

48

Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C. 

4551 note) is amended by striking ‘‘2004’’ and inserting ‘‘2008’’. 

(b) ADDITIONAL REPORT REQUIRED.—Subsection (g) of such section is amended—

(1) in paragraph (1), by striking ‘‘2004’’ and inserting 

‘‘2008’’; and 

(2) in paragraph (2), by striking ‘‘2003’’ and inserting 

‘‘2007’’.

SEC. 343. TWO-YEAR EXTENSION OF WARRANTY CLAIMS RECOVERY 

PILOT PROGRAM. 

Section 391 of the National Defense Authorization Act for Fiscal 

Year 1998 (Public Law 105–85; 10 U.S.C. 2304 note) is amended—

(1) in subsection (f), by striking ‘‘September 30, 2004’’ and 

inserting ‘‘September 30, 2006’’; and 

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

‘‘(g) REPORTING REQUIREMENT.—Not later than February 1, 

2006, the Secretary of Defense shall submit to Congress a report on 

the pilot program, including—

‘‘(1) a description of the extent to which commercial firms 

have been used to provide the services specified in subsection (b) 

and the type of services procured; 

‘‘(2) a description of any problems that have limited the 

ability of the Secretary to utilize the pilot program to procure 

such services; and 

‘‘(3) the recommendation of the Secretary regarding whether 

the pilot program should be made permanent or extended beyond September 30, 2006.’’. 

Subtitle F—Other Matters

SEC. 351. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR 

HEALTH EQUIPMENT PURCHASED BY OR FOR MEMBERS 

OF THE ARMED FORCES DEPLOYED IN CONTINGENCY OPERATIONS. 

(a) REIMBURSEMENT REQUIRED.—The Secretary of Defense shall 

reimburse a member of the Armed Forces for the cost (including any 

shipping cost) of any protective, safety, or health equipment that 

was purchased by the member or by another person on behalf of the 

member for the personal use of the member in anticipation of, or 

during, the deployment of the member in connection with Operation 

Noble Eagle, Operation Enduring Freedom, or Operation Iraqi Freedom, but only if—

(1) the Secretary of Defense certifies that the protective, 

safety, or health equipment was critical to the protection, safety, 

or health of the member; 

(2) the member was not issued the protective, safety, or 

health equipment before the member became engaged in operations in areas or situations described in section 310(a)(2) of 

title 37, United States Code; and 

(3) the protective, safety, or health equipment was purchased by the member during the period beginning on September 11, 2001, and ending on July 31, 2004. 

(b) AMOUNT OF REIMBURSEMENT.—The amount of reimbursement provided under subsection (a) per item of protective, safety, or 

health equipment purchased by a member of the Armed Forces may 

not exceed $1,100. 

49

(c) SUBMISSION OF REIMBURSEMENT CLAIMS.—Claims for reimbursement for the cost of protective, safety, or health equipment purchased by a member of the Armed Forces shall be submitted to the 

Secretary of Defense under this section not later than one year after 

the date on which the implementing rules required by subsection (d) 

take effect. 

(d) RULEMAKING.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of Defense shall issue rules to 

expedite the provision of reimbursement under subsection (a). In 

conducting such rulemaking, the Secretary shall address the circumstances under which the United States will assume title or ownership of any protective, safety, or health equipment for which reimbursement is made.

SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTATION OF 

MID-RANGE FINANCIAL IMPROVEMENT PLAN PENDING 

REPORT. 

Amounts authorized to be appropriated to the Department of 

Defense for fiscal year 2005 for operation and maintenance may not 

be obligated for the purpose of preparing or implementing the MidRange Financial Improvement Plan until the Secretary of Defense 

submits to the congressional defense committees a report containing 

the following: 

(1) A determination that the enterprise architecture for defense business systems and the transition plan for implementing 

the enterprise architecture have been developed, as required by 

subsection (c) of section 2222 of title 10, United States Code, as 

added by section 332(a). 

(2) An explanation of the manner in which the operation 

and maintenance funds will be used for each of the military departments and the Defense Agencies to prepare or implement 

the Mid-Range Financial Improvement Plan during that fiscal 

year. 

(3) An estimate of the costs for future fiscal years for each 

of the military departments and the Defense Agencies to prepare 

and implement the Mid-Range Financial Improvement Plan.

SEC. 353. PILOT PROGRAM TO AUTHORIZE ARMY WORKING-CAPITAL 

FUNDED FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES. 

(a) COOPERATIVE ARRANGEMENTS AUTHORIZED.—Chapter 433 

of title 10, United States Code, is amended by adding at the end 

the following new section: 

‘‘§ 4544. Army industrial facilities: cooperative activities with 

non-Army entities 

‘‘(a) COOPERATIVE ARRANGEMENTS AUTHORIZED.—A workingcapital funded Army industrial facility may enter into a contract or 

other cooperative arrangement with a non-Army entity to carry out 

with the non-Army entity a military or commercial project described 

in subsection (b), subject to the conditions prescribed in subsection 

(c). 

‘‘(b) AUTHORIZED ACTIVITIES.—A cooperative arrangement entered into by an Army industrial facility under subsection (a) may 

provide for any of the following activities: 

50

‘‘(1) The sale of articles manufactured by the facility or 

services performed by the facility to persons outside the Department of the Army. 

‘‘(2) The performance of work by a non-Army entity at the 

facility. 

‘‘(3) The performance of work by the facility for a non-Army 

entity. 

‘‘(4) The sharing of work by the facility and a non-Army entity. 

‘‘(5) The leasing, or use under a facilities use contract or 

otherwise, of the facility (including excess capacity) or equipment (including excess equipment) of the facility by a non-Army 

entity. 

‘‘(6) The preparation and submission of joint offers by the 

facility and a non-Army entity for competitive procurements entered into with Federal agency. 

‘‘(c) CONDITIONS.—An activity authorized by subsection (b) may 

be carried out at an Army industrial facility under a cooperative arrangement entered into under subsection (a) only under the following conditions: 

‘‘(1) In the case of an article to be manufactured or services 

to be performed by the facility, the articles can be substantially 

manufactured, or the services can be substantially performed, 

by the facility without subcontracting for more than incidental 

performance. 

‘‘(2) The activity does not interfere with performance of—

‘‘(A) work by the facility for the Department of Defense; 

or 

‘‘(B) a military mission of the facility. 

‘‘(3) The activity meets one of the following objectives: 

‘‘(A) Maximized utilization of the capacity of the facility. 

‘‘(B) Reduction or elimination of the cost of ownership 

of the facility. 

‘‘(C) Reduction in the cost of manufacturing or maintaining Department of Defense products at the facility. 

‘‘(D) Preservation of skills or equipment related to a 

core competency of the facility. 

‘‘(4) The non-Army entity agrees to hold harmless and indemnify the United States from any liability or claim for damages or injury to any person or property arising out of the activity, including any damages or injury arising out of a decision 

by the Secretary of the Army or the Secretary of Defense to suspend or terminate an activity, or any portion thereof, during a 

war or national emergency or to require the facility to perform 

other work or provide other services on a priority basis, except—

‘‘(A) in any case of willful misconduct or gross negligence; and 

‘‘(B) in the case of a claim by a purchaser of articles 

or services under this section that damages or injury arose 

from the failure of the United States to comply with quality, schedule, or cost performance requirements in the contract to carry out the activity. 

‘‘(d) ARRANGEMENT METHODS AND AUTHORITIES.—To establish 

a cooperative arrangement under subsection (a) with a non-Army 

51

entity, the approval authority described in subsection (e) for an 

Army industrial facility may—

‘‘(1) enter into a firm, fixed-price contract (or, if agreed to 

by the non-Army entity, a cost reimbursement contract) for a 

sale of articles or services or use of equipment or facilities; 

‘‘(2) enter into a multiyear contract for a period not to exceed five years, unless a longer period is specifically authorized 

by law; 

‘‘(3) charge the non-Army entity the amounts necessary to 

recover the full costs of the articles or services provided, including capital improvement costs, and equipment depreciation 

costs associated with providing the articles, services, equipment, 

or facilities; 

‘‘(4) authorize the non-Army entity to use incremental funding to pay for the articles, services, or use of equipment or facilities; and 

‘‘(5) accept payment-in-kind. 

‘‘(e) APPROVAL AUTHORITY.—The authority of an Army industrial facility to enter into a cooperative arrangement under subsection (a) shall be exercised at the level of the commander of the 

major subordinate command of the Army that has responsibility for 

the facility. The commander may approve such an arrangement on 

a case-by-case basis or a class basis. 

‘‘(f) COMMERCIAL SALES.—Except in the case of work performed 

for the Department of Defense, for a contract of the Department of 

Defense, for foreign military sales, or for authorized foreign direct 

commercial sales (defense articles or defense services sold to a foreign government or international organization under export controls), a sale of articles or services may be made under this section 

only if the approval authority described in subsection (e) determines 

that the articles or services are not available from a commercial 

source located in the United States in the required quantity or quality, or within the time required. 

‘‘(g) EXCLUSION FROM DEPOT-LEVEL MAINTENANCE AND REPAIR

PERCENTAGE LIMITATION.—Amounts expended for the performance 

of a depot-level maintenance and repair workload by non-Federal 

Government personnel at an Army industrial facility shall not be 

counted for purposes of applying the percentage limitation in section 

2466(a) of this title if the personnel are provided by a non-Army entity pursuant to a cooperative arrangement entered into under subsection (a). 

‘‘(h) RELATIONSHIP TO OTHER LAWS.—Nothing in this section 

shall be construed to affect the application of—

‘‘(1) foreign military sales and the export controls provided 

for in sections 30 and 38 of the Arms Export Control Act (22 

U.S.C. 2770 and 2778) to activities of a cooperative arrangement entered into under subsection (a); and 

‘‘(2) section 2667 of this title to leases of non-excess property 

in the administration of such an arrangement. 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) The term ‘Army industrial facility’ includes an ammunition plant, an arsenal, a depot, and a manufacturing plant. 

‘‘(2) The term ‘non-Army entity’ includes the following: 

‘‘(A) A Federal agency (other than the Department of 

the Army). 

52

‘‘(B) An entity in industry or commercial sales. 

‘‘(C) A State or political subdivision of a State. 

‘‘(D) An institution of higher education or vocational 

training institution. 

‘‘(3) The term ‘incremental funding’ means a series of partial payments that—

‘‘(A) are made as the work on manufacture or articles 

is being performed or services are being performed or equipment or facilities are used, as the case may be; and 

‘‘(B) result in full payment being completed as the required work is being completed. 

‘‘(4) The term ‘full costs’, with respect to articles or services 

provided under a cooperative arrangement entered into under 

subsection (a), means the variable costs and the fixed costs that 

are directly related to the production of the articles or the provision of the services.

‘‘(5) The term ‘variable costs’ means the costs that are expected to fluctuate directly with the volume of sales or services 

provided or the use of equipment or facilities. 

‘‘(j) EXPIRATION OF AUTHORITY.—The authority to enter into a 

cooperative arrangement under subsection (a) expires September 30, 

2009, and arrangements entered into under such subsection shall 

terminate not later than that date.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘4544. Army industrial facilities: cooperative activities with non-Army entities.’’.

SEC. 354. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PERSONAL PROPERTY TO ASSIST FIREFIGHTING AGENCIES. 

Section 2576b of title 10, United States Code, is amended—

(1) in subsection (a), by striking ‘‘may’’ and inserting 

‘‘shall’’; and 

(2) in subsection (b), by striking ‘‘may’’ and inserting 

‘‘shall’’.

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. Additional authority for increases of Army and Marine Corps active duty 

personnel end strengths for fiscal years 2005 through 2009. 

Sec. 404. 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 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of Reserve personnel authorized to be on active duty for 

operational support. 

Sec. 416. Accounting and management of reserve component personnel performing 

active duty or full-time National Guard duty for operational support. 

Subtitle C—Authorizations of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home.

53

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for active duty personnel as of September 30, 2005, as follows: 

(1) The Army, 502,400. 

(2) The Navy, 365,900. 

(3) The Marine Corps, 178,000. 

(4) The Air Force, 359,700. 

(b) LIMITATION.—(1) The authorized strength for the Army provided in paragraph (1) of subsection (a) for active duty personnel for 

fiscal year 2005 is subject to the condition that costs of active duty 

personnel of the Army for that fiscal year in excess of 482,400 shall 

be paid out of funds authorized to be appropriated for that fiscal 

year for a contingent emergency reserve fund or as an emergency 

supplemental appropriation. 

(2) The authorized strength for the Marine Corps provided in 

paragraph (3) of subsection (a) for active duty personnel for fiscal 

year 2005 is subject to the condition that costs of active duty personnel of the Marine Corps for that fiscal year in excess of 175,000 

shall be paid out of funds authorized to be appropriated for that fiscal year for a contingent emergency reserve fund or as an emergency 

supplemental appropriation. 

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

Section 691(b) of title 10, United States Code, is amended by 

striking paragraphs (1) through (4) and inserting the following: 

‘‘(1) For the Army, 502,400. 

‘‘(2) For the Navy, 365,900. 

‘‘(3) For the Marine Corps, 178,000. 

‘‘(4) For the Air Force, 359,700.’’. 

SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE 

DUTY PERSONNEL END STRENGTHS FOR FISCAL YEARS 

2005 THROUGH 2009. 

(a) AUTHORITY.—During fiscal years 2005 through 2009, the 

Secretary of Defense is authorized to increase by up to 30,000 the 

end strength authorized for the Army, and by up to 9,000 the end 

strength authorized for the Marine Corps, above the levels authorized for those services in the National Defense Authorization Act for 

Fiscal Year 2004, as necessary—

(1) to support the operational mission of the Army and 

Marine Corps in Iraq and Afghanistan; and 

(2) with respect to end strengths for the Army, to 

achieve transformational reorganization objectives of the 

Army, including objectives for increased numbers of combat 

brigades, unit manning, force stabilization and shaping, 

and rebalancing of the active and reserve component forces 

of the Army. 

(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AUTHORITY.—

Nothing in this section shall be construed to limit the President’s 

authority under section 123a of title 10, United States Code, to 

waive any statutory end strength in a time of war or national emergency. 

(c) RELATIONSHIP TO OTHER VARIANCE AUTHORITY.—The authority under subsection (a) is in addition to the authority to vary 

54

authorized end strengths that is provided in subsections (e) and (f) 

of section 115 of title 10, United States Code. 

(d) BUDGET TREATMENT.—(1) If the Secretary of Defense plans 

to increase the Army or Marine Corps active duty end strength for 

a fiscal year under subsection (a) of this section or pursuant to a 

suspension of end-strength limitation under section 123a of title 10, 

United States Code, then the budget for the Department of Defense 

for such fiscal year as submitted to Congress shall specify the 

amounts necessary for funding the active duty end strength of the 

Army in excess of 482,400 and the Marine Corps in excess of 

175,000 (the end strengths authorized for active duty personnel of 

the Army and Marine Corps, respectively, for fiscal year 2004 in 

paragraphs (1) and (3) of section 401 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

1450)). 

(2) If the amount proposed for the Department of Defense for 

fiscal year 2006 within budget function 050 (National Defense) includes amounts necessary for funding an active duty end strength 

of the Army in excess of 482,400, or an active duty end strength of 

the Marine Corps in excess of 175,000, for that fiscal year, the specification of amounts necessary for funding such end strength (as required under paragraph (1)) shall include the following additional 

information: 

(A) A display of the following amounts: 

(i) The amount that is to be funded out of the amounts 

proposed for the Department of Defense within budget function 050 (National Defense) other than out of amounts for 

the Army and Marine Corps. 

(ii) The amount that is to be funded out of the amounts 

proposed for the Army and Marine Corps within budget 

function 050 (National Defense). 

(iii) The estimated amounts that are to be funded out 

of emergency reserve funds and supplemental appropriations for fiscal year 2006. 

(B) A detailed justification for reliance on each funding 

source described in subparagraph (A). 

(C) A detailed discussion of which programs and plans of 

the Army and Marine Corps funded in the proposed budget for 

fiscal year 2006 must be modified if the funding sources relied 

on, as presented under subparagraph (A), must be changed. 

(D) The projected Army and Marine Corps active duty end 

strengths for each of fiscal years 2006 through 2010, together 

with a detailed enumeration of the component costs of the projected end strengths for each such fiscal year.

SEC. 404. EXCLUSION OF SERVICE ACADEMY PERMANENT AND CAREER 

PROFESSORS FROM A LIMITATION ON CERTAIN OFFICER 

GRADE STRENGTHS. 

Section 523(b) of title 10, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(8) Permanent professors of the United States Military 

Academy and the United States Air Force Academy and professors of the United States Naval Academy who are career military professors (as defined in regulations prescribed by the Secretary of the Navy), but not to exceed 50 from any such academy.’’.

55

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for Selected Reserve personnel of the reserve components as of September 30, 2005, as follows: 

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

350,000. 

(2) The Army Reserve, 205,000. 

(3) The Naval Reserve, 83,400. 

(4) The Marine Corps Reserve, 39,600. 

(5) The Air National Guard of the United States, 106,800. 

(6) The Air Force Reserve, 76,100. 

(7) The Coast Guard Reserve, 10,000. 

(b) ADJUSTMENTS.—The end strengths prescribed by subsection 

(a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which are 

on active duty (other than for training) at the end of the fiscal 

year; and 

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at 

the end of the fiscal year.

Whenever such units or such individual members are released from 

active duty during any fiscal year, the end strength prescribed for 

such fiscal year for the Selected Reserve of such reserve component 

shall be increased proportionately by the total authorized strengths 

of such units and by the total number of such individual members.

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

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2005, the following number of Reserves to be serving on 

full-time active duty or full-time duty, in the case of members of the 

National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 26,602. 

(2) The Army Reserve, 14,970. 

(3) The Naval Reserve, 14,152. 

(4) The Marine Corps Reserve, 2,261. 

(5) The Air National Guard of the United States, 12,253. 

(6) The Air Force Reserve, 1,900.

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

The minimum number of military technicians (dual status) as 

of the last day of fiscal year 2005 for the reserve components of the 

Army and the Air Force (notwithstanding section 129 of title 10, 

United States Code) shall be the following: 

(1) For the Army Reserve, 7,299. 

(2) For the Army National Guard of the United States, 

25,076. 

(3) For the Air Force Reserve, 9,954. 

56

(4) For the Air National Guard of the United States, 

22,956.

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

STATUS TECHNICIANS. 

(a) LIMITATIONS.—(1) Within the limitation provided in section 

10217(c)(2) of title 10, United States Code, the number of non-dual 

status technicians employed by the National Guard as of September 

30, 2005, may not exceed the following: 

(A) For the Army National Guard of the United States, 

1,600. 

(B) For the Air National Guard of the United States, 350. 

(2) The number of non-dual status technicians employed by the 

Army Reserve as of September 30, 2005, may not exceed 795. 

(3) The number of non-dual status technicians employed by the 

Air Force Reserve as of September 30, 2005, may not exceed 90. 

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2005, the maximum number of members of 

the reserve components of the Armed Forces who may be serving at 

any time on full-time operational support duty under section 115(b) 

of title 10, United States Code, is the following: 

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

(2) The Army Reserve, 5,000. 

(3) The Naval Reserve, 6,200. 

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

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

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

SEC. 416. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT 

PERSONNEL PERFORMING ACTIVE DUTY OR FULL-TIME 

NATIONAL GUARD DUTY FOR OPERATIONAL SUPPORT. 

(a) STRENGTH AUTHORIZATIONS.—Section 115 of title 10, 

United States Code, is amended—

(1) in subsection (a)(1)(A), by inserting ‘‘unless on active 

duty pursuant to subsection (b)’’ after ‘‘active-duty personnel’’; 

(2) in subsection (a)(1)(B), by inserting ‘‘unless on active 

duty or full-time National Guard duty pursuant to subsection 

(b)’’ after ‘‘reserve personnel’’; 

(3) by redesignating subsections (b), (c), (d), (e), (f), (g) and 

(h) as subsections (c), (d), (e), (f), (g), (h) and (i), respectively; 

and 

(4) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) CERTAIN RESERVES ON ACTIVE DUTY TO BE AUTHORIZED

BY LAW.—(1) Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active 

duty or full-time National Guard duty at any given time who are 

called or ordered to—

‘‘(A) active duty under section 12301(d) of this title for the 

purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense; 

57

‘‘(B) full-time National Guard duty under section 502(f)(2) 

of title 32 for the purpose of providing operational support 

when authorized by the Secretary of Defense; 

‘‘(C) active duty under section 12301(d) of this title or fulltime National Guard duty under section 502(f)(2) of title 32 for 

the purpose of preparing for and performing funeral honors 

functions for funerals of veterans under section 1491 of this 

title; 

‘‘(D) active duty or retained on active duty under sections 

12301(g) of this title while in a captive status; or 

‘‘(E) active duty or retained on active duty under 12301(h) 

or 12322 of this title for the purpose of medical evaluation or 

treatment. 

‘‘(2) A member of a reserve component who exceeds either of the 

following limits shall be included in the strength authorized under 

subparagraph (A) or subparagraph (B), as appropriate, of subsection (a)(1): 

‘‘(A) A call or order to active duty or full-time National 

Guard duty that specifies a period greater than three years. 

‘‘(B) The cumulative periods of active duty and full-time 

National Guard duty performed by the member exceed 1095 

days in the previous 1460 days. 

‘‘(3) In determining the period of active service under paragraph 

(2), the following periods of active service performed by a member 

shall not be included: 

‘‘(A) All periods of active duty performed by a member who 

has not previously served in the Selected Reserve of the Ready 

Reserve. 

‘‘(B) All periods of active duty or full-time National Guard 

duty for which the member is exempt from strength accounting 

under paragraphs (1) through (8) of subsection (i).’’. 

(b) LIMITATION ON APPROPRIATIONS.—Subsection (c) of such section (as redesignated by subsection (a)(3)) is amended—

(1) by striking ‘‘or’’ at the end of paragraph (1); 

(2) by striking the period at the end of paragraph (2) and 

inserting ‘‘; or’’; and 

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

‘‘(3) the use of reserve component personnel to perform active duty or full-time National Guard duty under subsection (b) 

unless the strength for such personnel for that reserve component for that fiscal year has been authorized by law.’’. 

(c) AUTHORITY FOR SECRETARY OF DEFENSE VARIANCES IN

MAXIMUM STRENGTHS.—Subsection (f) of such section (as redesignated by subsection (a)(3)) is amended—

(1) by striking ‘‘END’’ in the heading; 

(2) by striking ‘‘and’’ at the end of paragraph (2); 

(3) by striking the period at the end of paragraph (3) and 

inserting ‘‘; and’’; and 

(4) by adding at the end the following new paragraph: 

‘‘(4) increase the maximum strength authorized pursuant to 

subsection (b)(1) for a fiscal year for certain reserves on active 

duty for any of the reserve components by a number equal to 

not more than 10 percent of that strength.’’. 

58

(d) CONFORMING AMENDMENTS TO SECTION 115.—Such section 

is further amended as follows: 

(1) Subsection (e) (as redesignated by subsection (a)(3)) is 

amended—

(A) in paragraph (1), by striking ‘‘subsection (a) or (c)’’ 

and inserting ‘‘subsection (a) or (d)’’; and 

(B) in paragraph (2)—

(i) by striking ‘‘subsections (a) and (c)’’; and inserting ‘‘subsections (a) and (d)’’; 

(ii) by striking ‘‘pursuant to subsection (e)) and 

subsection (c)’’ and inserting ‘‘pursuant to subsection 

(f)) and subsection (d)’’ each place it appears. 

(2) Subsection (g) (as redesignated by subsection (a)(3)) is 

amended by striking ‘‘subsection (e)(1)’’ in paragraph (2) and 

inserting ‘‘subsection (f)(1)’’. 

(3) Subsection (i) (as redesignated by subsection (a)(3)) is 

amended to read as follows: 

‘‘(i) CERTAIN PERSONNEL EXCLUDED FROM COUNTING FOR ACTIVE-DUTY END STRENGTHS.—In counting personnel for the purpose 

of the end strengths authorized pursuant to subsection (a)(1), persons in the following categories shall be excluded: 

‘‘(1) Members of a reserve component ordered to active duty 

under section 12301(a) of this title. 

‘‘(2) Members of a reserve component in an active status ordered to active duty under section 12301(b) of this title. 

‘‘(3) Members of the Ready Reserve ordered to active duty 

under section 12302 of this title. 

‘‘(4) Members of the Selected Reserve of the Ready Reserve 

or members of the Individual Ready Reserve mobilization category described in section 10144(b) of this title ordered to active 

duty under section 12304 of this title. 

‘‘(5) Members of the National Guard called into Federal 

service under section 12406 of this title. 

‘‘(6) Members of the militia called into Federal service 

under chapter 15 of this title. 

‘‘(7) Members of the National Guard on full-time National 

Guard duty under section 502(f)(1) of title 32. 

‘‘(8) Members of reserve components on active duty for 

training or full-time National Guard duty for training. 

‘‘(9) Members of the Selected Reserve of the Ready Reserve 

on active duty to support programs described in section 1203(b) 

of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 

5952(b)). 

‘‘(10) Members of the National Guard on active duty or fulltime National Guard duty for the purpose of carrying out drug 

interdiction and counter-drug activities under section 112 of 

title 32. 

‘‘(11) Members of a reserve component on active duty under 

section 10(b)(2) of the Military Selective Service Act (50 U.S.C. 

App. 460(b)(2)) for the administration of the Selective Service 

System. 

‘‘(12) Members of the National Guard on full-time National 

Guard duty for the purpose of providing command, administrative, training, or support services for the National Guard Challenge Program authorized by section 509 of title 32.’’. 

59

(e) MILITARY TO MILITARY CONTACT STRENGTH ACCOUNTING.—

Subsection (f) of section 168 of such title is amended to read as follows: 

‘‘(f) ACTIVE DUTY END STRENGTHS.—A member of a reserve 

component who is engaged in activities authorized under this section shall not be counted for purposes of the following personnel 

strength limitations: 

‘‘(1) The end strength for active-duty personnel authorized 

pursuant to section 115(a)(1) of this title for the fiscal year in 

which the member carries out the activities referred to under 

this section. 

‘‘(2) The authorized daily average for members in pay 

grades E–8 and E–9 under section 517 of this title for the calendar year in which the member carries out such activities. 

‘‘(3) The authorized strengths for commissioned officers 

under section 523 of this title for the fiscal year in which the 

member carries out such activities.’’. 

(f) E–8 AND E–9 STRENGTH ACCOUNTING.—Subsection (a) of 

section 517 of such title is amended by striking ‘‘(other than for 

training) in connection with organizing, administering, recruiting, 

instructing, or training the reserve component of an armed force.’’ 

and inserting ‘‘as authorized under section 115(a)(1)(B) or 115(b) of 

this title, or excluded from counting for active duty end strengths 

under section 115(i) of this title.’’. 

(g) FIELD GRADE OFFICER STRENGTH ACCOUNTING.—(1) Paragraph (1) of section 523(b) of such title is amended to read as follows: 

(1) Reserve officers—

‘‘(A) on active duty as authorized under section 

115(a)(1)(B) or 115(b)(1) of this title, or excluded from 

counting for active duty end strengths under section 115(i) 

of this title; 

‘‘(B) on active duty under section 10211, 10302 through 

10305, or 12402 of this title or under section 708 of title 32; 

or 

‘‘(C) on full-time National Guard duty.’’. 

(2) Paragraph (7) of such section is amended by striking ‘‘Reserve or retired officers’’ and inserting ‘‘Retired officers’’. 

(h) ACTIVE GUARD AND RESERVE FIELD GRADE OFFICER

STRENGTH ACCOUNTING.—Paragraph (2) of section 12011(e) of such 

title is amended to read as follows: 

‘‘(2) Full-time National Guard duty (other than for training) under section 502(f) of title 32, except for duty under section 115(b)(1)(B) and (C) of this title and section 115(i)(9) of 

this title.’’.

(i) WARRANT OFFICER ACTIVE-DUTY LIST EXCLUSION.—Paragraph (1) of section 582 of such title is amended to read as follows: 

‘‘(1) Reserve warrant officers—

‘‘(A) on active duty as authorized under section 

115(a)(1)(B) or 115(b)(1) of this title, or excluded from 

counting for active duty end strengths under section 115(i) 

of this title; or 

‘‘(B) on full-time National Guard duty.’’. 

60

(j) OFFICER ACTIVE-DUTY LIST, APPLICABILITY OF CHAPTER.—

Paragraph (1) of section 641 of such title is amended to read as follows: 

‘‘(1) Reserve officers—

‘‘(A) on active duty authorized under section 

115(a)(1)(B) or 115(b)(1) of this title, or excluded from 

counting for active duty end strengths under section 115(i) 

of this title; 

‘‘(B) on active duty under section 3038, 5143, 5144, 

8038, 10211, 10301 through 10305, 10502, 10505, 10506(a), 

10506(b), 10507, or 12402 of this title or section 708 of title 

32; or 

‘‘(C) on full-time National Guard duty.’’. 

(k) STRENGTH ACCOUNTING FOR MEMBERS PERFORMING DRUG

INTERDICTION AND COUNTER-DRUG ACTIVITIES.—Section 112 of title 

32, United States Code, is amended—

(1) by striking subsection (e); 

(2) by redesignating subsections (f), (g), (h) and (i) as subsections (e), (f), (g) and (h) respectively; and 

(3) in paragraph (1) of subsection (e), as redesignated by 

paragraph (2), by striking ‘‘for a period of more than 180 days’’ 

each place it appears. 

(l) REPORT.—Not later than June 1, 2005, the Secretary of Defense shall report to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives the Secretary’s recommendations regarding the exemptions provided in paragraphs (8) through (11) by section 115(i) of title 10, 

United States Code, as amended by this section. The recommendations shall address the manner in personnel covered by those exemptions shall be accounted for in authorizations provided by section 

115 of such title. The objective of the analysis should be to terminate 

the need for such exemptions after September 30, 2006. 

(m) REGULATIONS.—The Secretary of Defense shall prescribe by 

regulation the meaning of the term ‘‘operational support’’ for purposes of paragraph (1) of subsection (b) of section 115 of title 10, 

United States Code, as added by subsection (a). 

Subtitle C—Authorizations of Appropriations 

SEC. 421. MILITARY PERSONNEL. 

There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2005 a total 

of $106,542,982,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2005.

SEC. 422. ARMED FORCES RETIREMENT HOME. 

There is hereby authorized to be appropriated for fiscal year 

2005 from the Armed Forces Retirement Home Trust Fund the sum 

of $61,195,000 for the operation of the Armed Forces Retirement 

Home.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy 

Sec. 501. Transition of active-duty list officer force to a force of all regular officers. 

61

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. Limitation on number of officers frocked to major general and rear admiral. 

Sec. 504. Distribution in grade of Marine Corps reserve officers in an active status 

in grades below brigadier general 

Sec. 505. Authority for Federal recognition of National Guard commissioned officers 

appointed from former Coast Guard personnel. 

Sec. 506. Study regarding promotion eligibility of retired officers recalled to active 

duty. 

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

Sec. 508. Redesignation of Vice Chief of the National Guard Bureau as Director of 

the Joint Staff of the National Guard Bureau. 

Subtitle B—Reserve Component Policy Matters 

Sec. 511. Modification of stated purpose of the reserve components. 

Sec. 512. Homeland defense activities conducted by the National Guard under authority of title 32. 

Sec. 513. Commission on the National Guard and Reserves. 

Sec. 514. Repeal of exclusion of active duty for training from authority to order Reserves to active duty. 

Sec. 515. Army program for assignment of active component advisers to units of the 

Selected Reserve. 

Sec. 516. Authority to accept certain voluntary services. 

Sec. 517. Authority to redesignate the Naval Reserve as the Navy Reserve. 

Sec. 518. Comptroller General assessment of integration of active and reserve components of the Navy. 

Sec. 519. Limitation on number of Starbase academies in a State. 

Sec. 520. Recognition items for certain reserve component personnel. 

Subtitle C—Reserve Component Personnel Matters 

Sec. 521. Status under disability retirement system for reserve members released 

from active duty due to inability to perform within 30 days of call to 

active duty. 

Sec. 522. Requirement for retention of Reserves on active duty to qualify for retired 

pay not applicable to nonregular service retirement system. 

Sec. 523. Federal civil service military leave for Reserve and National Guard civilian technicians. 

Sec. 524. Expanded educational assistance authority for officers commissioned 

through ROTC program at military junior colleges. 

Sec. 525. Repeal of sunset provision for financial assistance program for students 

not eligible for advanced training. 

Sec. 526. Effect of appointment or commission as officer on eligibility for Selected 

Reserve education loan repayment program for enlisted members. 

Sec. 527. Educational assistance for certain reserve component members who perform active service. 

Sec. 528. Sense of Congress on guidance concerning treatment of employer-provided 

compensation and other benefits voluntarily provided to employees who 

are activated Reservists. 

Subtitle D—Joint Officer Management and Professional Military Education 

Sec. 531. Strategic plan to link joint officer development to overall missions and 

goals of Department of Defense. 

Sec. 532. Improvement to professional military education in the Department of Defense. 

Sec. 533. Joint requirements for promotion to flag or general officer grade. 

Sec. 534. Clarification of tours of duty qualifying as a joint duty assignment. 

Sec. 535. Two-year extension of temporary standard for promotion policy objectives 

for joint officers. 

Sec. 536. Two-year extension of authority to waive requirement that Reserve Chiefs 

and National Guard Directors have significant joint duty experience. 

Subtitle E—Military Service Academies 

Sec. 541. Revision to conditions on service of officers as service academy superintendents. 

Sec. 542. Academic qualifications of the dean of the faculty of United States Air 

Force Academy. 

Sec. 543. Board of Visitors of United States Air Force Academy. 

62

Sec. 544. Appropriated funds for service academy athletic and recreational extracurricular programs to be treated in same manner as for military morale, welfare, and recreation progams. 

Sec. 545. Codification of prohibition on imposition of certain charges and fees at the 

service academies. 

Subtitle F—Other Education and Training Matters 

Sec. 551. College First delayed enlistment program. 

Sec. 552. Senior Reserve Officers’ Training Corps and recruiter access at institutions 

of higher education. 

Sec. 553. Tuition assistance for officers. 

Sec. 554. Increased maximum period for leave of absence for pursuit of a program 

of education in a health care profession. 

Sec. 555. Eligibility of cadets and midshipmen for medical and dental care and disability benefits. 

Sec. 556. Transfer of authority to confer degrees upon graduates of the Community 

College of the Air Force.

Sec. 557. Change in titles of leadership positions at the Naval Postgraduate School. 

Subtitle G—Assistance to Local Educational Agencies for Defense 

Dependents Education 

Sec. 558. Continuation of impact aid assistance on behalf of dependents of certain 

members despite change in status of member. 

Sec. 559. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 560. Impact aid for children with severe disabilities. 

Subtitle H—Medals and Decorations and Special Promotions and 

Appointments 

Sec. 561. Award of medal of honor to individual interred in the Tomb of the Unknowns as representative of casualties of a war. 

Sec. 562. 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. 

Sec. 563. Authority to appoint Brigadier General Charles E. Yeager, United States 

Air Force (retired), to the grade of major general on the retired list. 

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

in the Army. 

Subtitle I—Military Voting 

Sec. 566. Federal write-in ballots for absentee military voters located in the United 

States. 

Sec. 567. Repeal of requirement to conduct electronic voting demonstration project 

for the Federal election to be held in November 2004. 

Sec. 568. Reports on operation of Federal voting assistance program and military 

postal system. 

Subtitle J—Military Justice Matters 

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

Justice. 

Sec. 572. Waiver of recoupment of time lost for confinement in connection with a 

trial. 

Sec. 573. Processing of forensic evidence collection kits and acquisition of sufficient 

stocks of such kits. 

Sec. 574. Authorities of the Judge Advocates General. 

Subtitle K—Sexual Assault in the Armed Forces 

Sec. 576. Examination of sexual assault in the Armed Forces by the Defense Task 

Force established to examine sexual harassment and violence at the 

military service academies. 

Sec. 577. Department of Defense policy and procedures on prevention and response 

to sexual assaults involving members of the Armed Forces. 

Subtitle L—Management and Administrative Matters 

Sec. 581. Three-year extension of limitation on reductions of personnel of agencies 

responsible for review and correction of military records. 

Sec. 582. Staffing for Defense Prisoner of War/Missing Personnel Office (DPMO). 

63

Sec. 583. Permanent ID cards for retiree dependents age 75 and older. 

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

with medical evacuation. 

Sec. 585. Authority to accept donation of frequent traveler miles, credits, and tickets 

to facilitate rest and recuperation travel of deployed members of the 

Armed Forces and their families. 

Sec. 586. Annual report identifying reasons for discharges from the Armed Forces 

during preceding fiscal year. 

Sec. 587. Study of blended wing concept for the Air Force. 

Sec. 588. Sense of Congress regarding return of members to active duty service upon 

rehabilitation from service-related injuries. 

Subtitle M—Other Matters 

Sec. 591. Protection of Armed Forces personnel from retaliatory actions for communications made through the chain of command. 

Sec. 592. Implementation plan for accession of persons with specialized skills. 

Sec. 593. Enhanced screening methods and process improvements for recruitment of 

home schooled and National Guard Challenge program GED recipients. 

Sec. 594. Redesignation of National Guard Challenge Program as National Guard 

Youth Challenge Program. 

Sec. 595. Reports on certain milestones relating to Department of Defense transformation. 

Sec. 596. Report on issues relating to removal of remains of persons interred in 

United States military cemeteries overseas. 

Sec. 597. Comptroller General reports on closure of Department of Defense dependent elementary and secondary schools and commissary stores. 

Sec. 598. Comptroller General report on transition assistance programs for members 

separating from the Armed Forces. 

Sec. 599. Study on coordination of job training standards with certification standards for military occupational specialties.

Subtitle A—Officer Personnel Policy

SEC. 501. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO A 

FORCE OF ALL REGULAR OFFICERS. 

(a) ORIGINAL APPOINTMENTS AS COMMISSIONED OFFICERS.—(1) 

Section 532 of title 10, United States Code, is amended by striking 

subsection (e). 

(2) Subsection (a)(2) of such section is amended by striking 

‘‘fifty-fifth birthday’’ and inserting ‘‘sixty-second birthday’’. 

(3)(A) Such section is further amended by adding at the end the 

following new subsection: 

‘‘(f) The Secretary of Defense may waive the requirement of 

paragraph (1) of subsection (a) with respect to a person who has 

been lawfully admitted to the United States for permanent residence 

when the Secretary determines that the national security so requires, but only for an original appointment in a grade below the 

grade of major or lieutenant commander.’’. 

(B) Section 619(d) of such title is amended by adding at the end 

the following new paragraph:

‘‘(5) An officer in the grade of captain or, in the case of the 

Navy, lieutenant who is not a citizen of the United States.’’. 

(4) Section 531(a) of such title is amended to read as follows: 

‘‘(a)(1) Original appointments in the grades of second lieutenant, first lieutenant, and captain in the Regular Army, Regular Air 

Force, and Regular Marine Corps and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy shall be 

made by the President alone.

‘‘(2) Original appointments in the grades of major, lieutenant 

colonel, and colonel in the Regular Army, Regular Air Force, and 

Regular Marine Corps and in the grades of lieutenant commander, 

64

commander, and captain in the Regular Navy shall be made by the 

President, by and with the advice and consent of the Senate.’’. 

(b) REPEAL OF TOTAL STRENGTH LIMITATIONS FOR ACTIVEDUTY REGULAR COMMISSIONED OFFICERS.—(1) Section 522 of such 

title is repealed. 

(2) The table of sections at the beginning of chapter 32 of such 

title is amended by striking the item relating to section 522. 

(c) FORCE SHAPING AUTHORITY.—(1)(A) Subchapter V of chapter 36 of such title is amended by adding at the end the following 

new section: 

‘‘§ 647. Force shaping authority 

‘‘(a) AUTHORITY.—The Secretary concerned may, solely for the 

purpose of restructuring an armed force under the jurisdiction of 

that Secretary—

‘‘(1) discharge an officer described in subsection (b); or 

‘‘(2) transfer such an officer from the active-duty list of that 

armed force to the reserve active-status list of a reserve component of that armed force. 

‘‘(b) COVERED OFFICERS.—(1) The authority under this section 

may be exercised in the case of an officer who—

‘‘(A) has completed not more than 5 years of service as a 

commissioned officer in the armed forces; or 

‘‘(B) has completed more than 5 years of service as a commissioned officer in the armed forces, but has not completed a 

minimum service obligation applicable to that member. 

‘‘(2) In this subsection, the term ‘minimum service obligation’ 

means the initial period of required active duty service together with 

any additional period of required active duty service incurred during the initial period of required active duty service. 

‘‘(c) APPOINTMENT OF TRANSFERRED OFFICERS.—An officer of 

the Regular Army, Regular Air Force, Regular Navy, or Regular 

Marine Corps who is transferred to a reserve active-status list under 

this section shall be discharged from the regular component concerned and appointed as a reserve commissioned officer under section 12203 of this title. 

‘‘(d) REGULATIONS.—The Secretary concerned shall prescribe 

regulations for the exercise of the Secretary’s authority under this 

section.’’. 

(B) The table of sections at the beginning of such subchapter is 

amended by adding at the end the following new item:

‘‘647. Force shaping authority.’’.

(2) Section 1174(e)(2)(B) of such title is amended by inserting 

after ‘‘obligated service’’ the following: ‘‘, unless the member is an officer discharged or released under the authority of section 647 of 

this title’’. 

(3) Section 12201(a) of such title is amended—

(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

(B) in the first sentence, by inserting ‘‘, except as provided 

in paragraph (2),’’ after ‘‘the armed force concerned and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(2) An officer transferred from the active-duty list of an armed 

force to a reserve active-status list of an armed force under section 

647 of this title is not required to subscribe to the oath referred to 

65

in paragraph (1) in order to qualify for an appointment under that 

paragraph.’’. 

(4) Section 12203 of such title is amended—

(A) by redesignating subsection (b) as subsection (c); and 

(B) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) Subject to the authority, direction, and control of the President, the Secretary concerned may appoint as a reserve commissioned officer any regular officer transferred from the active-duty 

list of an armed force to the reserve active-status list of a reserve 

component under section 647 of this title, notwithstanding the requirements of subsection (a).’’. 

(5) Section 531 of such title is amended by adding at the end 

the following new subsection: 

‘‘(c) Subject to the authority, direction, and control of the President, an original appointment as a commissioned officer in the Regular Army, Regular Air Force, Regular Navy, or Regular Marine 

Corps may be made by the Secretary concerned in the case of a reserve commissioned officer upon the transfer of such officer from the 

reserve active-status list of a reserve component of the armed forces 

to the active-duty list of an armed force, notwithstanding the requirements of subsection (a).’’. 

(d) ACTIVE-DUTY READY RESERVE OFFICERS NOT ON ACTIVEDUTY LIST.—Section 641(1)(F) of such title is amended by striking 

‘‘section 12304’’ and inserting ‘‘sections 12302 and 12304’’. 

(e) ALL REGULAR OFFICER APPOINTMENTS FOR STUDENTS OF

THE UNIVERSITY OF HEALTH SCIENCES.—Section 2114(b) of such 

title is amended by striking ‘‘Notwithstanding any other provision 

of law, they shall serve’’ in the second sentence and all that follows 

through ‘‘if qualified,’’ in the third sentence and inserting ‘‘They 

shall be appointed as regular officers in the grade of second lieutenant or ensign and shall serve on active duty in that grade. Upon 

graduation they shall be required to serve on active duty’’. 

(f) TERMINATION OF REQUIREMENT OF 6 YEARS SERVICE IN A

RESERVE COMPONENT FOR NONREGULAR SERVICE RETIREMENT ELIGIBILITY.—Section 12731(a)(3) of such title is amended by inserting 

after ‘‘(3)’’ the following: ‘‘in the case of a person who completed the 

service requirements of paragraph (2) before the end of the 180-day 

period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2005,’’. 

(g) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), 

the amendments made by this section shall take effect on the first 

day of the first month beginning more than 180 days after the date 

of the enactment of this Act. 

(2) The amendment made by subsection (a)(1) shall take effect 

on May 1, 2005.

SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS AND ASSISTANT CHIEFS OF NAVAL OPERATIONS BE SELECTED 

FROM OFFICERS IN THE LINE OF THE NAVY. 

(a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Section 5036(a) of 

title 10, United States Code, is amended by striking ‘‘in the line’’. 

(b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—Section 5037(a) 

of such title is amended by striking ‘‘in the line’’.

66

SEC. 503. LIMITATION ON NUMBER OF OFFICERS FROCKED TO MAJOR 

GENERAL AND REAR ADMIRAL. 

Section 777(d) of title 10, United States Code, is amended—

(1) by redesignating paragraphs (1) and (2) as paragraphs 

(2) and (3), respectively; and 

(2) by striking ‘‘(d) LIMITATION ON NUMBER OF OFFICERS

FROCKED TO SPECIFIED GRADES.—’’ and inserting the following: 

‘‘(d) LIMITATION ON NUMBER OF OFFICERS FROCKED TO SPECI- FIED GRADES.—(1) The total number of brigadier generals and Navy 

rear admirals (lower half) on the active-duty list who are authorized 

as described in subsection (a) to wear the insignia for the grade of 

major general or rear admiral, as the case may be, may not exceed 

30.’’.

SEC. 504. DISTRIBUTION IN GRADE OF MARINE CORPS RESERVE OFFICERS IN AN ACTIVE STATUS IN GRADES BELOW BRIGADIER GENERAL. 

The table in section 12005(c)(1) of title 10, United States Code, 

is amended to read as follows:

‘‘Colonel ................................................................................................... 2 percent

Lieutenant colonel .................................................................................. 8 percent

Major ....................................................................................................... 16 percent

Captain ................................................................................................... 39 percent

First lieutenant and second lieutenant (when combined with the 

number authorized for general officer grades under section 12004 

of this title) .......................................................................................... 35 percent.’’.

SEC. 505. AUTHORITY FOR FEDERAL RECOGNITION OF NATIONAL 

GUARD COMMISSIONED OFFICERS APPOINTED FROM 

FORMER COAST GUARD PERSONNEL. 

Section 305(a) of title 32, United States Code, is amended—

(1) by striking ‘‘Army, Navy, Air Force, or Marine Corps’’ 

in paragraphs (2), (3), and (4) and inserting ‘‘armed forces’’; 

and 

(2) by striking ‘‘or the United States Air Force Academy’’ in 

paragraph (5) and inserting ‘‘the United States Air Force Academy, or the United States Coast Guard Academy’’.

SEC. 506. STUDY REGARDING PROMOTION ELIGIBILITY OF RETIRED 

OFFICERS RECALLED TO ACTIVE DUTY. 

(a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall 

carry out a study to determine whether it would be equitable for retired officers on active duty, but not on the active-duty list by reason 

of section 582(2) or 641(4) of title 10, United States Code, to be eligible for consideration for promotion under chapter 33A of such title, 

in the case of warrant officers, or chapter 36 of such title, in the 

case of officers other than warrant officers. 

(b) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report 

on the results of the study under subsection (a). The report shall include a discussion of the Secretary’s determination regarding the 

issue covered by the study, the rationale for the Secretary’s determination, and any recommended legislation that the Secretary considers appropriate regarding that issue.

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

(a) DESIGNATION OF SENIOR OFFICER IN NATIONAL GUARD BUREAU.—Section 10502 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

67

‘‘(e) SUCCESSION.—(1) Unless otherwise directed by the President or the Secretary of Defense, the senior of the two officers specified in paragraph (2) shall serve as the acting Chief of the National 

Guard Bureau during any period that—

‘‘(A) there is a vacancy in the position of Chief of the National Guard Bureau; or 

‘‘(B) the Chief is unable to perform the duties of that office. 

‘‘(2) The officers specified in this paragraph are the following: 

‘‘(A) The senior officer of the Army National Guard of the 

United States on duty with the National Guard Bureau. 

‘‘(B) The senior officer of the Air National Guard of the 

United States on duty with the National Guard Bureau.’’.

(b) CLERICAL AMENDMENTS.—(1) The heading of such section is 

amended to read as follows: 

‘‘§ 10502. Chief of the National Guard Bureau: appointment; 

adviser on National Guard matters; grade; succession’’. 

(2) The item relating to such section in the table of sections at 

the beginning of chapter 1011 of such title is amended to read as 

follows:

‘‘10502. Chief of the National Guard Bureau: appointment; adviser on National 

Guard matters; grade; succession.’’.

(c) CONFORMING REPEAL.—Subsections (d) and (e) of section 

10505 of such title are repealed.

SEC. 508. REDESIGNATION OF VICE CHIEF OF THE NATIONAL GUARD 

BUREAU AS DIRECTOR OF THE JOINT STAFF OF THE NATIONAL GUARD BUREAU. 

(a) REDESIGNATION OF POSITION.—Subsection (a)(1) of section 

10505 of title 10, United States Code, is amended by striking ‘‘Vice 

Chief of the National Guard Bureau’’ and inserting ‘‘Director of the 

Joint Staff of the National Guard Bureau’’. 

(b) CONFORMING AMENDMENTS.—(1) Subsections (a)(3)(A), 

(a)(3)(B), (b), and (c) of section 10505 of title 10, United States 

Code, are amended by striking ‘‘Vice Chief of the National Guard 

Bureau’’ and inserting ‘‘Director of the Joint Staff of the National 

Guard Bureau’’. 

(2) Subsection (a)(3)(B) of such section, as amended by paragraph (1), is further amended by striking ‘‘as the Vice Chief’’ and 

inserting ‘‘as the Director’’. 

(3) Paragraphs (2) and (4) of subsection (a) of such section are 

amended by striking ‘‘Chief and Vice Chief of the National Guard 

Bureau’’ and inserting ‘‘Chief of the National Guard Bureau and 

the Director of the Joint Staff of the National Guard Bureau’’. 

(4) Section 10506(a)(1) of such title is amended by striking 

‘‘Chief and Vice Chief of the National Guard Bureau’’ and inserting 

‘‘Chief of the National Guard Bureau and the Director of the Joint 

Staff of the National Guard Bureau’’. 

(c) CLERICAL AMENDMENTS.—(1) The heading for section 10505 

of such title is amended to read as follows: 

68

‘‘§ 10505. Director of the Joint Staff of the National Guard 

Bureau’’.

(2) The item relating to such section in the table of sections at 

the beginning of chapter 1011 of such title is amended to read as 

follows:

‘‘10505. Director of the Joint Staff of the National Guard Bureau.’’.

(d) OTHER REFERENCES.—Any reference in any law, regulation, 

document, paper, or other record of the United States to the Vice 

Chief of the National Guard Bureau shall be deemed to be a reference to the Director of the Joint Staff of the National Guard Bureau.

Subtitle B—Reserve Component Policy Matters

SEC. 511. MODIFICATION OF STATED PURPOSE OF THE RESERVE COMPONENTS. 

Section 10102 of title 10, United States Code, is amended by 

striking ‘‘, during’’ and all that follows through ‘‘planned mobilization,’’.

SEC. 512. HOMELAND DEFENSE ACTIVITIES CONDUCTED BY THE NATIONAL GUARD UNDER AUTHORITY OF TITLE 32. 

(a) IN GENERAL.—(1) Title 32, United States Code, is amended 

by adding at the end the following new chapter: 

‘‘CHAPTER 9—HOMELAND DEFENSE ACTIVITIES

‘‘Sec. 

‘‘901. Definitions. 

‘‘902. Homeland defense activities: funds. 

‘‘903. Regulations. 

‘‘904. Homeland defense duty. 

‘‘905. Funding assistance. 

‘‘906. Requests for funding assistance. 

‘‘907. Relationship to State duty. 

‘‘908. Annual report.

‘‘§ 901. Definitions 

‘‘In this chapter: 

‘‘(1) The term ‘homeland defense activity’ means an activity 

undertaken for the military protection of the territory or domestic population of the United States, or of infrastructure or other 

assets of the United States determined by the Secretary of Defense as being critical to national security, from a threat or aggression against the United States. 

‘‘(2) The term ‘State’ means each of the several States, the 

District of Columbia, the Commonwealth of Puerto Rico, or a 

territory or possession of the United States. 

‘‘§ 902. Homeland defense activities: funds 

‘‘(a) The Secretary of Defense may provide funds to a Governor 

to employ National Guard units or members to conduct homeland 

defense activities that the Secretary, determines to be necessary and 

appropriate for participation by the National Guard units or members, as the case may be. 

69

‘‘§ 903. Regulations 

‘‘The Secretary of Defense shall prescribe regulations to implement this chapter. 

‘‘§ 904. Homeland defense duty 

‘‘(a) FULL-TIME NATIONAL GUARD DUTY.—All duty performed 

under this chapter shall be considered to be full-time National 

Guard duty under section 502(f) of this title. Members of the National Guard performing full-time National Guard duty in the Active Guard and Reserve Program may support or execute homeland 

defense activities performed by the National Guard under this chapter. 

‘‘(b) DURATION.—The period for which a member of the National Guard performs duty under this chapter shall be limited to 

180 days. The Governor of the State may, with the concurrence of 

the Secretary of Defense, extend the period one time for an additional 90 days to meet extraordinary circumstances. 

‘‘(c) RELATIONSHIP TO REQUIRED TRAINING.—A member of the 

National Guard performing duty under this chapter shall, in addition to performing such duty, participate in the training required 

under section 502(a) of this title. The pay, allowances, and other 

benefits of the member while participating in the training shall be 

the same as those to which the member is entitled while performing 

the duty under this chapter. The member is not entitled to additional pay, allowances, or other benefits for participation in training 

required under section 502(a)(1) of this title. 

‘‘(d) READINESS.—To ensure that the use of units and personnel 

of the National Guard of a State for homeland defense activities 

does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the 

homeland defense activities that units and personnel of the National 

Guard of a State may perform: 

‘‘(1) The performance of the activities is not to affect adversely the quality of that training or otherwise interfere with 

the ability of a member or unit of the National Guard to perform the military functions of the member or unit. 

‘‘(2) The performance of the activities is not to degrade the 

military skills of the members of the National Guard performing those activities. 

‘‘§ 905. Funding assistance 

‘‘In the case of any homeland defense activity for which the Secretary of Defense determines under section 902 of this title that participation of units or members of the National Guard of a State is 

necessary and appropriate, the Secretary may provide funds to that 

State in an amount that the Secretary determines is appropriate for 

the following costs of the participation in that activity from funds 

available to the Department for related purposes: 

‘‘(1) The pay, allowances, clothing, subsistence, gratuities, 

travel, and related expenses of personnel of the National Guard 

of that State. 

‘‘(2) The operation and maintenance of the equipment and 

facilities of the National Guard of that State. 

‘‘(3) The procurement of services and equipment, and the 

leasing of equipment, for the National Guard of that State. 

70

‘‘§ 906. Requests for funding assistance 

‘‘A Governor of a State may request funding assistance for the 

homeland defense activities of the National Guard of that State 

from the Secretary of Defense. Any such request shall include the 

following: 

‘‘(1) The specific intended homeland defense activities of the 

National Guard of that State. 

‘‘(2) An explanation of why participation of National Guard 

units or members, as the case may be, in the homeland defense 

activities is necessary and appropriate. 

‘‘(3) A certification that homeland defense activities are to 

be conducted at a time when the personnel involved are not in 

Federal service. 

‘‘§ 907. Relationship to State duty 

‘‘Nothing in this chapter shall be construed as a limitation on 

the authority of any unit of the National Guard of a State, when 

such unit is not in Federal service, to perform functions authorized 

to be performed by the National Guard by the laws of the State concerned. 

‘‘§ 908. Annual report 

‘‘(a) REQUIREMENT FOR REPORT.—After the end of each fiscal 

year, the Secretary of Defense shall submit to the congressional defense committees a report regarding any assistance provided and activities carried out under this chapter during that fiscal year. The 

report for a fiscal year shall be submitted not later than March 31 

of the year following the year in which such fiscal year ended. 

‘‘(b) CONTENT.—The report for a fiscal year shall include the 

following matters: 

‘‘(1) The numbers of members of the National Guard excluded under subsection (i) of section 115 of title 10 from being 

counted for the purpose of end-strengths authorized pursuant to 

subsection (a)(1) of such section. 

‘‘(2) A description of the homeland defense activities conducted with funds provided under this chapter. 

‘‘(3) An accounting of the amount of the funds provided to 

each State. 

‘‘(4) A description of the effect on military training and 

readiness of using units and personnel of the National Guard 

to perform homeland defense activities under this chapter.’’. 

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

‘‘9. Homeland Defense Activities ...................................................................... 901’’.

(b) CONFORMING AMENDMENT.—Section 115 of title 10, United 

States Code, is amended by adding at the end the following new 

subsection: 

‘‘(i) CERTAIN FULL-TIME NATIONAL GUARD DUTY PERSONNEL

EXCLUDED FROM COUNTING FOR FULL-TIME NATIONAL GUARD DUTY

END STRENGTHS.—In counting full-time National Guard duty personnel for the purpose of end-strengths authorized pursuant to subsection (a)(1), persons involuntarily performing homeland defense 

activities under chapter 9 of title 32 shall be excluded.’’.

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SEC. 513. COMMISSION ON THE NATIONAL GUARD AND RESERVES. 

(a) ESTABLISHMENT.—There is established a commission to be 

known as the ‘‘Commission on the National Guard and Reserves’’. 

(b) COMPOSITION.—(1) The Commission shall be composed of 13 

members appointed as follows: 

(A) Three members appointed by the chairman of the Committee on Armed Services of the Senate. 

(B) Three members appointed by the chairman of the Committee on Armed Services of the House of Representatives.

(C) Two members appointed by the ranking minority member of the Committee on Armed Services of the Senate. 

(D) Two members appointed by the ranking minority member of the Committee on Armed Service of the House of Representatives. 

(E) Three members appointed by the Secretary of Defense. 

(2) The members of the Commission shall be appointed from 

among persons who have knowledge and expertise in the following 

areas: 

(A) National security. 

(B) Roles and missions of any of the Armed Forces. 

(C) The mission, operations, and organization of the National Guard of the United States. 

(D) The mission, operations, and organization of the other 

reserve components of the Armed Forces. 

(E) Military readiness of the Armed Forces. 

(F) Personnel pay and other forms of compensation. 

(G) Other personnel benefits, including health care. 

(3) Members of the Commission shall be appointed for the life 

of the Commission. A vacancy in the membership of the Commission 

shall not affect the powers of the Commission, but shall be filled in 

the same manner as the original appointment. 

(4) The Secretary of Defense shall designate a member of the 

Commission to be chairman of the Commission. 

(c) DUTIES.—(1) The Commission shall carry out a study of the 

following matters: 

(A) The roles and missions of the National Guard and the 

other reserve components of the Armed Forces. 

(B) The compensation and other benefits, including health 

care benefits, that are provided for members of the reserve components under the laws of the United States. 

(2) In carrying out the study under paragraph (1), the Commission shall do the following: 

(A) Assess the current roles and missions of the reserve 

components and identify appropriate potential future roles and 

missions for the reserve components. 

(B) Assess the capabilities of the reserve components and 

determine how the units and personnel of the reserve components may be best used to support the military operations of the 

Armed Forces and the achievement of national security objectives, including homeland defense, of the United States. 

(C) Assess the Department of Defense plan for implementation of section 115(b) of title 10, United States Code, as added 

by section 404(a)(4). 

(D) Assess—

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(i) the current organization and structure of the National Guard and the other reserve components; and 

(ii) the plans of the Department of Defense and the 

Armed Forces for future organization and structure of the 

National Guard and the other reserve components. 

(E) Assess the manner in which the National Guard and 

the other reserve components are currently organized and funded for training and identify an organizational and funding 

structure for training that best supports the achievement of 

training objectives and operational readiness. 

(F) Assess the effectiveness of the policies and programs of 

the National Guard and the other reserve components for 

achieving operational readiness and personnel readiness, including medical and personal readiness. 

(G) Assess—

(i) the adequacy and appropriateness of the compensation and benefits currently provided for the members of the 

National Guard and the other reserve components, including the availability of health care benefits and health insurance; and 

(ii) the effects of proposed changes in compensation and 

benefits on military careers in both the regular and the reserve components of the Armed Forces. 

(H) Identify various feasible options for improving the compensation and other benefits available to the members of the 

National Guard and the members of the other reserve components and assess—

(i) the cost-effectiveness of such options; and 

(ii) the foreseeable effects of such options on readiness, 

recruitment, and retention of personnel for careers in the 

regular and reserve components the Armed Forces. 

(I) Assess the traditional military career paths for members 

of the National Guard and the other reserve components and 

identify alternative career paths that could enhance professional development. 

(J) Assess the adequacy of the funding provided for the National Guard and the other reserve components for several previous fiscal years, including the funding provided for National 

Guard and reserve component equipment and the funding provided for National Guard and other reserve component personnel in active duty military personnel accounts and reserve 

military personnel accounts. 

(d) FIRST MEETING.—The Commission shall hold its first meeting not later than 30 days after the date on which all members of 

the Commission have been appointed. 

(e) ADMINISTRATIVE AND PROCEDURAL AUTHORITIES.—(1) Sections 955, 956, 957 (other than subsection (f)), 958, and 959 of the 

National Defense Authorization Act for Fiscal Year 1994 (Public 

Law 103–160; 10 U.S.C 111 note) shall apply to the Commission, 

except that in applying section 957(a) of such Act to the Commission, ‘‘level IV of the Executive Schedule’’ shall be substituted for 

‘‘level V of the Executive Schedule’’. 

(2) The following provisions of law do not apply to the Commission: 

(A) Section 3161 of title 5, United States Code. 

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(B) The Federal Advisory Committee Act (5 U.S.C. App.). 

(f) REPORTS.—(1) Not later than three months after the first 

meeting of the Commission, the Commission shall submit to the 

Committees on Armed Services of the Senate and the House of Representatives a report setting forth—

(A) a strategic plan for the work of the Commission; 

(B) a discussion of the activities of the Commission; and 

(C) any initial findings of the Commission. 

(2) Not later than one year after the first meeting of the Commission, the Commission shall submit a final report to the committees of Congress referred to in paragraph (1) and to the Secretary 

of Defense. The final report shall include any recommendations that 

the Commission determines appropriate, including any recommended legislation, policies, regulations, directives, and practices. 

(g) TERMINATION.—The Commission shall terminate 90 days 

after the date on which the final report is submitted under subsection (f)(2). 

(h) ANNUAL REVIEW.—(1) The Secretary of Defense shall annually review the reserve components of the Armed Forces with regard 

to—

(A) the roles and missions of the reserve components; and 

(B) the compensation and other benefits, including health 

care benefits, that are provided for members of the reserve components under the laws of the United States. 

(2) The Secretary shall submit a report of the annual review, 

together with any comments and recommendations that the Secretary considers appropriate, to the Committee on Armed Services of 

the Senate and the Committee on Armed Services of the House of 

Representatives. 

(3) The first review under paragraph (1) shall take place during 

fiscal year 2006.

SEC. 514. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR TRAINING 

FROM AUTHORITY TO ORDER RESERVES TO ACTIVE DUTY. 

(a) GENERAL AUTHORITY TO ORDER RESERVES TO ACTIVE

DUTY.—Section 12301 of title 10, United States Code, is amended—

(1) in the first sentence of subsection (a), by striking ‘‘(other 

than for training)’’; 

(2) in subsection (c)—

(A) in the first sentence, by striking ‘‘(other than for 

training)’’ and inserting ‘‘as provided in subsection (a)’’; 

and 

(B) in the second sentence, by striking ‘‘ordered to active duty (other than for training)’’ and inserting ‘‘so ordered to active duty’’; and 

(3) in subsection (e), by striking ‘‘(other than for training)’’ 

and inserting ‘‘as provided in subsection (a)’’. 

(b) READY RESERVE 24-MONTH CALLUP AUTHORITY.—Section 

12302 of such title is amended by striking ‘‘(other than for training)’’ in subsections (a) and (c). 

(c) SELECTED RESERVE AND INDIVIDUAL READY RESERVE 270-

DAY CALLUP AUTHORITY.—Section 12304(a) of such title is amended 

by striking ‘‘(other than for training)’’. 

(d) STANDBY RESERVE CALLUP AUTHORITY.—Section 12306 of 

such title is amended—

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(1) in subsection (a), by striking ‘‘active duty (other than for 

training) only as provided in section 12301 of this title’’ and inserting ‘‘active duty only as provided in section 12301 of this 

title, but subject to the limitations in subsection (b)’’; and 

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘(other than for training)’’ and inserting ‘‘under section 12301(a) of this title’’; 

and 

(B) in paragraph (2), by striking ‘‘no other member’’ 

and all that follows through ‘‘without his consent’’ and inserting ‘‘notwithstanding section 12301(a) of this title, no 

other member in the Standby Reserve may be ordered to active duty as an individual under such section without his 

consent’’.

SEC. 515. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE COMPONENT 

ADVISERS TO UNITS OF THE SELECTED RESERVE. 

(a) CHANGE IN MINIMUM NUMBER REQUIRED TO BE AS- SIGNED.—Section 414(c)(1) of the National Defense Authorization 

Act for Fiscal Years 1992 and 1993 (10 U.S.C. 12001 note) is 

amended by striking ‘‘5,000’’ and inserting ‘‘3,500’’. 

(b) LIMITATION ON REDUCTIONS.—Notwithstanding the amendment made by subsection (a), the Secretary of the Army may not reduce the number of active component Reserve support personnel 

below the number of such personnel as of the date of the enactment 

of this Act until the report required by subsection (c) has been submitted. 

(c) REPORT.—Not later than March 31, 2005, the Secretary of 

the Army shall submit to the Committees on Armed Services of the 

Senate and House of Representatives a report on the support by active components of the Army for training and readiness of the Army 

National Guard and Army Reserve. The report shall include an 

evaluation and determination of each of the following: 

(1) The effect on the ability of the Army to improve such 

training and readiness resulting from the reduction under the 

amendment made by subsection (a) in the minimum number of 

active component Reserve support personnel.

(2) The adequacy of having 3,500 members of the Army (the 

minimum number required under the law as so amended) assigned as active component Reserve support personnel in order 

to meet emerging training requirements in the Army reserve 

components in connection with unit and force structure conversions and preparations for wartime deployment. 

(3) The nature and effectiveness of efforts by the Army to 

reallocate the 3,500 personnel assigned as active component Reserve support personnel to higher priority requirements and to 

expand the use of reservists on active duty to meet reserve component training needs. 

(4) Whether the Army is planning further reductions in the 

number of active component Reserve support personnel and, if 

so, the scope and rationale for those reductions. 

(5) Whether an increase in Army reserve component fulltime support personnel will be required to replace the loss of active component Reserve support personnel. 

(d) DEFINITION.—In this section, the term ‘‘active component Reserve support personnel’’ means the active component Army perVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00100 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
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sonnel assigned as advisers to units of the Selected Reserve of the 

Ready Reserve of the Army pursuant to section 414 of the National 

Defense Authorization Act for Fiscal Years 1992 and 1993 (10 

U.S.C. 12001 note).

SEC. 516. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY SERVICES. 

Section 1588 of title 10, United States Code, is amended—

(1) in subsection (a), by adding at the end the following 

new paragraph: 

‘‘(8) Voluntary services to support programs of a committee 

of the Employer Support of the Guard and Reserve as authorized by the Secretary of Defense.’’; and 

(2) in subsection (f)(1), by striking ‘‘subsection (a)(3)’’ and 

inserting ‘‘paragraph (3) or (8) of subsection (a)’’.

SEC. 517. AUTHORITY TO REDESIGNATE THE NAVAL RESERVE AS THE 

NAVY RESERVE. 

(a) AUTHORITY OF SECRETARY OF THE NAVY.—The Secretary of 

the Navy may, with the approval of the President, redesignate the 

reserve component known as the Naval Reserve as the ‘‘Navy Reserve’’. Any such redesignation shall be effective on a date specified 

by the Secretary, which date may not be earlier than the date that 

is 180 days after the date on which the Secretary submits recommended legislation under subsection (c). 

(b) PUBLICATION OF REDESIGNATION.—If the Secretary of the 

Navy exercises the authority to redesignate the Naval Reserve under 

subsection (a), the Secretary shall promptly publish in the Federal 

Register and submit to the Congress notice of the redesignation, including the effective date of the redesignation. 

(c) CONFORMING LEGISLATION.—If the Secretary of the Navy exercises the authority to redesignate the Naval Reserve under subsection (a), the Secretary shall submit to the Congress recommended 

legislation that identifies each specific provision of law that refers 

to the Naval Reserve and sets forth an amendment to that specific 

provision of law to conform the reference to the new designation. 

(d) REFERENCES.—If the Secretary of the Navy exercises the authority to redesignate the Naval Reserve under subsection (a), then 

on and after the effective date of the redesignation, any reference in 

any law, map, regulation, document, paper, or other record of the 

United States to the Naval Reserve shall be deemed to be a reference 

to the Navy Reserve.

SEC. 518. COMPTROLLER GENERAL ASSESSMENT OF INTEGRATION OF 

ACTIVE AND RESERVE COMPONENTS OF THE NAVY. 

(a) ASSESSMENT.—The Comptroller General shall review the 

plan of the Secretary of the Navy for, and implementation by the 

Secretary of, initiatives undertaken within the Navy to improve the 

integration of the active and reserve components of the Navy in 

peacetime and wartime operations resulting from—

(1) the Naval Reserve Redesign Study carried out by the 

Navy: and 

(2) the zero-based review of reserve component force structure undertaken by the commander of the Fleet Forces Command of the Navy during fiscal year 2004.

(b) REPORT.—No later than March 31, 2005, the Comptroller 

General shall submit to the Committees on Armed Services of the 

Senate and House of Representatives a report on the results of the 

76

review under subsection (a). The Comptroller General shall include 

in the report recommendations for improved active and reserve component integration in the Navy. 

(c) MATTERS TO BE EXAMINED.—In conducting the review under 

subsection (a), the Comptroller General shall examine the following: 

(1) The criteria the Navy used to determine the following 

with respect to integration of the active and reserve components 

of the Navy: 

(A) The future mix of active and reserve component 

force structure. 

(B) Organization of command and control elements. 

(C) Manpower levels. 

(D) Basing changes. 

(2) The extent to which the plans of the Navy for improving 

the integration of the active and reserve components of the Navy 

considered each of the following: 

(A) The new Fleet Response Plan of the Navy. 

(B) The flexible deployment concept. 

(C) Global operations. 

(D) Emerging mission requirements. 

(E) Other evolving initiatives. 

(3) The manner in which the timing of the execution of 

planned active and reserve integration initiatives will correlate 

with the funding of those initiatives, including consideration of 

an evaluation of the adequacy of the funding allocated to those 

integration initiatives. 

(4) For naval aviation forces, the extent to which the active 

and reserve component integration plans of the Navy will affect 

factors such as—

(A) common training and readiness standards for active and reserve forces; 

(B) reserve component access to the same equipment as 

the active component; 

(C) relationships between command and headquarters 

elements of active and reserve forces; and 

(D) trends in the use by the Navy of units referred to 

as ‘‘associate’’ units or ‘‘blended’’ units. 

(E) Basing criteria of future aviation forces. 

(F) Employment of Naval Reserve aviation forces and 

personnel in peacetime and wartime operations.

SEC. 519. LIMITATION ON NUMBER OF STARBASE ACADEMIES IN A 

STATE. 

Paragraph (3) of section 2193b(c) of title 10, United States 

Code, is amended to read as follows: 

‘‘(3)(A) Except as otherwise provided under subparagraph (B), 

the Secretary may not support the establishment in any State of 

more than two academies under the program. 

‘‘(B) The Secretary may support the establishment and operation of an academy in a State in excess of two academies in that 

State if the Secretary expressly waives, in writing, the limitation in 

subparagraph (A) with respect to that State. In the case of any such 

waiver, appropriated funds may be used for the establishment and 

operation of an academy in excess of two in that State only to the 

extent that appropriated funds are expressly available for that purVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00102 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
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pose. Any such waiver shall be made under criteria to be prescribed 

by the Secretary.’’.

SEC. 520. RECOGNITION ITEMS FOR CERTAIN RESERVE COMPONENT 

PERSONNEL. 

(a) ARMY RESERVE.—(1) Chapter 1805 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 18506. Recruitment and retention: availability of funds for 

recognition items for Army Reserve personnel 

‘‘(a) AVAILABILITY OF FUNDS.—(1) Under regulations prescribed 

by the Secretary of the Army, funds authorized to be appropriated 

to the Army Reserve and available for recruitment and retention of 

military personnel may be obligated and expended for recognition 

items that are distributed to members of the Army Reserve and to 

members of their families and other individuals recognized as providing support that substantially facilitates service in the Army Reserve. 

‘‘(2) The purpose of the distribution of such items shall be to enhance the recruitment and retention of members of the Army Reserve. 

‘‘(b) PROVISION OF MEALS AND REFRESHMENTS.—For purposes 

of section 520c of this title and any regulation prescribed to implement that section, functions conducted for the purpose of presenting 

recognition items described in subsection (a) shall be treated as recruiting functions and recipients of such items shall be treated as 

persons who are the objects of recruiting efforts. 

‘‘(c) LIMITATION ON VALUE.—The value of items referred to in 

subsection (a) that are distributed to any single member of the Army 

Reserve at any one time may not exceed $50. 

‘‘(d) TERMINATION OF AUTHORITY.—The authority under this 

section shall expire December 31, 2005.’’. 

(2) The table of sections at the beginning of such chapter is 

amended by adding at the end the following new item:

‘‘18506. Recruitment and retention: availability of funds for recognition items for 

Army Reserve personnel.’’.

(b) USE OF FUNDS TO PROMOTE RETENTION IN THE NATIONAL

GUARD.—(1) Chapter 7 of title 32, United States Code, is amended 

by adding at the end the following new section: 

‘‘§ 717. Presentation of recognition items for retention purposes 

‘‘(a) EXPENDITURES FOR RECOGNITION ITEMS.—Under regulations prescribed by the Secretary of the Army and the Secretary of 

the Air Force, funds appropriated for the Army National Guard or 

Air National Guard for the purpose of recruitment and retention of 

military personnel may be expended to procure recognition items of 

nominal or modest value for retention purposes and to present such 

items to members of the National Guard and to members of their 

families and other individuals recognized as providing support that 

substantially facilitates service in the National Guard. 

‘‘(b) PROVISION OF MEALS AND REFRESHMENTS.—For purposes 

of section 520c of title 10 and any regulation prescribed to implement that section, functions conducted for the purpose of presenting 

recognition items described in subsection (a) shall be treated as reVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00103 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
78

cruiting functions and recipients of such items shall be treated as 

persons who are the objects of recruiting efforts. 

‘‘(c) RELATION TO OTHER LAW.—The authority provided in this 

section is in addition to other provision of law authorizing the use 

of appropriations for recruitment and retention purposes. 

‘‘(d) DEFINITION.—The term ‘recognition items of nominal or 

modest value’ means commemorative coins, medals, trophies, 

badges, flags, posters, paintings, or other similar items that are valued at less than $50 per item and are designed to recognize or commemorate service in the armed forces or National Guard. 

‘‘(e) TERMINATION OF AUTHORITY.—The authority under this 

section shall expire December 31, 2005.’’. 

(2) The table of sections at the beginning of such chapter is 

amended by adding at the end the following new item:

‘‘717. Presentation of recognition items for retention purposes.’’.

(c) EFFECTIVE DATE.—Section 18506 of title 10, United States 

Code, as added by subsection (a), and section 717 of title 32, United 

States Code, as added by subsection (b), shall take effect as of November 24, 2003, and as if included in the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136).

Subtitle C—Reserve Component Personnel Matters

SEC. 521. STATUS UNDER DISABILITY RETIREMENT SYSTEM FOR RESERVE MEMBERS RELEASED FROM ACTIVE DUTY DUE TO 

INABILITY TO PERFORM WITHIN 30 DAYS OF CALL TO ACTIVE DUTY. 

(a) IN GENERAL.—Chapter 61 of title 10, United States Code, is 

amended by inserting after section 1206 the following new section: 

‘‘§ 1206a. Reserve component members unable to perform duties when ordered to active duty: disability system 

processing 

‘‘(a) MEMBERS RELEASED FROM ACTIVE DUTY WITHIN 30 

DAYS.—A member of a reserve component who is ordered to active 

duty for a period of more than 30 days and is released from active 

duty within 30 days of commencing such period of active duty for 

a reason stated in subsection (b) shall be considered for all purposes 

under this chapter to have been serving under an order to active 

duty for a period of 30 days or less. 

‘‘(b) APPLICABLE REASONS FOR RELEASE.—Subsection (a) applies in the case of a member released from active duty because of 

a failure to meet—

‘‘(1) physical standards for retention due to a preexisting 

condition not aggravated during the period of active duty; or 

‘‘(2) medical or dental standards for deployment due to a 

preexisting condition not aggravated during the period of active 

duty. 

‘‘(c) SAVINGS PROVISION FOR MEDICAL CARE PROVIDED WHILE

ON ACTIVE DUTY.—Notwithstanding subsection (a), any benefit 

under chapter 55 of this title received by a member described in 

subsection (a) or a dependent of such member before or during the 

period of active duty shall not be subject to recoupment or otherwise 

affected.’’. 

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(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1206 the following new item:

‘‘1206a. Reserve component members unable to perform duties when ordered to active 

duty: disability system processing.’’.

SEC. 522. REQUIREMENT FOR RETENTION OF RESERVES ON ACTIVE 

DUTY TO QUALIFY FOR RETIRED PAY NOT APPLICABLE TO 

NONREGULAR SERVICE RETIREMENT SYSTEM. 

Section 12686(a) of title 10, United States Code, is amended by 

inserting ‘‘(other than the retirement system under chapter 1223 of 

this title)’’ after ‘‘retirement system’’.

SEC. 523. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR RESERVE 

AND NATIONAL GUARD CIVILIAN TECHNICIANS. 

Section 6323(d)(1) of title 5, United States Code is amended by 

striking ‘‘(other than active duty during a war or national emergency declared by the President or Congress)’’.

SEC. 524. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR OFFICERS COMMISSIONED THROUGH ROTC PROGRAM AT 

MILITARY JUNIOR COLLEGES. 

(a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE ON ACTIVE

DUTY.—Section 2107(c) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(5)(A) The Secretary of the Army, under regulations and criteria established by the Secretary, may provide an individual who 

received a commission as a Reserve officer in the Army from a military junior college through a program under this chapter and who 

does not have a baccalaureate degree with financial assistance for 

pursuit of a baccalaureate degree. 

‘‘(B) Such assistance is in addition to any financial assistance 

provided under paragraph (1), (3), or (4). 

‘‘(C) The agreement and reimbursement requirements established in section 2005 of this title are applicable to financial assistance under this paragraph. 

‘‘(D) An officer receiving financial assistance under this paragraph shall be attached to a unit of the Army as determined by the 

Secretary and shall be considered to be a member of the Senior Reserve Officers’ Training Corps on inactive duty for training, as defined in section 101(23) of title 38. 

‘‘(E) A qualified officer who did not previously receive financial 

assistance under this section is eligible to receive educational assistance under this paragraph. 

‘‘(F) A Reserve officer may not be called or ordered to active 

duty for a deployment while participating in the program under this 

paragraph. 

‘‘(G) Any service obligation incurred by an officer under an 

agreement entered into under this paragraph shall be in addition 

to any service obligation incurred by that officer under any other 

provision of law or agreement.’’. 

(b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE IN TROOP

PROGRAM UNITS.—Section 2107a(c) of such title is amended by adding at the end the following new paragraph: 

‘‘(4)(A) The Secretary of the Army may provide an individual 

who received a commission as a Reserve officer in the Army from 

a military junior college through a program under this chapter and 

80

who does not have a baccalaureate degree with financial assistance 

for pursuit of a baccalaureate degree. 

‘‘(B) Such assistance is in addition to any provided under paragraph (1) or (2). 

‘‘(C) The agreement and reimbursement requirements established in section 2005 of this title are applicable to financial assistance under this paragraph. 

‘‘(D) An officer receiving financial assistance under this paragraph shall be attached to a unit of the Army as determined by the 

Secretary and shall be considered to be a member of the Senior Reserve Officers’ Training Corps on inactive duty for training, as defined in section 101(23) of title 38. 

‘‘(E) A qualified officer who did not previously receive financial 

assistance under this section is eligible to receive educational assistance under this paragraph. 

‘‘(F) A Reserve officer may not be called or ordered to active 

duty for a deployment while participating in the program under this 

paragraph. 

‘‘(G) Any service obligation incurred by an officer under an 

agreement entered into under this paragraph shall be in addition 

to any service obligation incurred by that officer under any other 

provision of law or agreement.’’. 

(c) IMPLEMENTATION REPORT.—Not later than March 31, 2007, 

the Secretary of the Army shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of the 

House of Representatives a report providing information on the experience of the Department of the Army under paragraph (5) of section 2107(c) of title 10, United States Code, as added by subsection 

(a), and under paragraph (4) of section 2107a(c) of title 10, United 

States Code, as added by subsection (b). The report shall include 

any recommendations the Secretary considers necessary for the improvement of the programs under those paragraphs.

SEC. 525. REPEAL OF SUNSET PROVISION FOR FINANCIAL ASSISTANCE 

PROGRAM FOR STUDENTS NOT ELIGIBLE FOR ADVANCED 

TRAINING. 

Section 2103a of title 10, United States Code, is amended by 

striking subsection (d).

SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS OFFICER ON 

ELIGIBILITY FOR SELECTED RESERVE EDUCATION LOAN 

REPAYMENT PROGRAM FOR ENLISTED MEMBERS. 

Section 16301(a) of title 10, United States Code, is amended—

(1) in paragraph (2), by striking ‘‘The Secretary’’ in the first 

sentence and inserting ‘‘Except as provided in paragraph (3), 

the Secretary of Defense’’; and 

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

‘‘(3) In the case of a commitment made by the Secretary of Defense after the date of the enactment of this paragraph to repay a 

loan under paragraph (1) conditioned upon the performance by the 

borrower of service as an enlisted member under paragraph (2), the 

Secretary may repay the loan for service performed by the borrower 

as an officer (rather than as an enlisted member) in the case of a 

borrower who, after such commitment is entered into and while performing service as an enlisted member, accepts an appointment or 

commission as a warrant officer or commissioned officer of the Selected Reserve.’’.

81

SEC. 527. EDUCATIONAL ASSISTANCE FOR CERTAIN RESERVE COMPONENT MEMBERS WHO PERFORM ACTIVE SERVICE. 

(a) ESTABLISHMENT OF PROGRAM.—Part IV of subtitle E of title 

10, United States Code, is amended by inserting after chapter 1606 

the following new chapter: 

‘‘CHAPTER 1607—EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS

‘‘Sec. 

‘‘16161. Purpose. 

‘‘16162. Educational assistance program. 

‘‘16163. Eligibility for educational assistance. 

‘‘16164. Time limitation for use of entitlement. 

‘‘16165. Termination of assistance. 

‘‘16166. Administration of program.

‘‘§ 16161. Purpose 

‘‘The purpose of this chapter is to provide educational assistance to members of the reserve components called or ordered to active service in response to a war or national emergency declared by 

the President or the Congress, in recognition of the sacrifices that 

those members make in answering the call to duty. 

‘‘§ 16162. Educational assistance program 

‘‘(a) PROGRAM ESTABLISHMENT.— The Secretary of each military department, under regulations prescribed by the Secretary of 

Defense, and the Secretary of Homeland Security with respect to the 

Coast Guard when it is not operating as a service in the Navy, shall 

establish and maintain a program as prescribed in this chapter to 

provide educational assistance to members of the Ready Reserve of 

the armed forces under the jurisdiction of the Secretary concerned. 

‘‘(b) AUTHORIZED EDUCATION PROGRAMS.—Educational assistance may be provided under this chapter for pursuit of any program 

of education that is an approved program of education for purposes 

of chapter 30 of title 38. 

‘‘(c) BENEFIT AMOUNT.—(1) The educational assistance program 

established under subsection (a) shall provide for payment by the 

Secretary concerned, through the Secretary of Veterans Affairs, an 

educational assistance allowance to each member entitled to educational assistance under this chapter who is pursuing a program 

of education authorized under subsection (b). 

‘‘(2) The educational assistance allowance provided under this 

chapter shall be based on the applicable percent under paragraph 

(4) to the applicable rate provided under section 3015 of title 38 for 

a member whose entitlement is based on completion of an obligated 

period of active duty of three years. 

‘‘(3) The educational assistance allowance provided under this 

section for a person who is undertaking a program for which a reduced rate is specified in chapter 30 of title 38, that rate shall be 

further adjusted by the applicable percent specified in paragraph 

(4). 

‘‘(4) The adjusted educational assistance allowance under paragraph (2) or (3), as applicable, shall be—

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‘‘(A) 40 percent in the case of a member of a reserve component who performed active service for 90 consecutive days but 

less than one continuous year; 

‘‘(B) 60 percent in the case of a member of a reserve component who performed active service for one continuous year but 

less than two continuous years; or 

‘‘(C) 80 percent in the case of a member of a reserve component who performed active service for two continuous years or 

more. 

‘‘(d) MAXIMUM MONTHS OF ASSISTANCE.—(1) Subject to section 

3695 of title 38, the maximum number of months of educational assistance that may be provided to any member under this chapter is 

36 (or the equivalent thereof in part-time educational assistance). 

‘‘(2)(A) Notwithstanding any other provision of this chapter or 

chapter 36 of title 38, any payment of an educational assistance allowance described in subparagraph (B) shall not—

‘‘(i) be charged against the entitlement of any individual 

under this chapter; or 

‘‘(ii) be counted toward the aggregate period for which section 3695 of title 38 limits an individual’s receipt of assistance. 

‘‘(B) The payment of the educational assistance allowance referred to in subparagraph (A) is the payment of such an allowance 

to the individual for pursuit of a course or courses under this chapter if the Secretary of Veterans Affairs finds that the individual—

‘‘(i) had to discontinue such course pursuit as a result of 

being ordered to serve on active duty under section 12301(a), 

12301(d), 12301(g), 12302, or 12304 of this title; and 

‘‘(ii) failed to receive credit or training time toward completion of the individual’s approved educational, professional, or 

vocational objective as a result of having to discontinue, as described in clause (i), the individual’s course pursuit. 

‘‘(C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or 

counted toward the applicable aggregate period under section 3695 

of title 38 shall not exceed the portion of the period of enrollment 

in the course or courses for which the individual failed to receive 

credit or with respect to which the individual lost training time, as 

determined under subparagraph (B)(ii). 

‘‘§ 16163. Eligibility for educational assistance 

‘‘(a) ELIGIBILITY.—On or after September 11, 2001, a member of 

a reserve component is entitled to educational assistance under this 

chapter if the member—

‘‘(1) served on active duty in support of a contingency operation for 90 consecutive days or more; or 

‘‘(2) in the case of a member of the Army National Guard 

of the United States or Air National Guard of the United 

States, performed full time National Guard duty under section 

502(f) of title 32 for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of 

responding to a national emergency declared by the President 

and supported by Federal funds. 

‘‘(b) DISABLED MEMBERS.—Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active 

service as prescribed under subsection (a)(1) or (a)(2) but is released 

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from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty 

shall be entitled to educational assistance under this chapter at the 

rate prescribed in section 16162(c)(4)(A) of this title. 

‘‘(c) WRITTEN NOTIFICATION.—(1) Each member who becomes 

entitled to educational assistance under subsection (a) shall be given 

a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and 

prominently the substance of section 16165 of this title as such section may apply to the member. 

‘‘(2) At the request of the Secretary of Veterans Affairs, the Secretary concerned shall transmit a notice of entitlement for each such 

member to that Secretary. 

‘‘(d) BAR FROM DUAL ELIGIBILITY.—A member who qualifies for 

educational assistance under this chapter may not receive credit for 

such service under both the program established by chapter 30 of 

title 38 and the program established by this chapter but shall make 

an irrevocable election (in such form and manner as the Secretary 

of Veterans Affairs may prescribe) as to the program to which such 

service is to be credited. 

‘‘(e) BAR FROM DUPLICATION OF EDUCATIONAL ASSISTANCE AL- LOWANCE.—(1) Except as provided in paragraph (2), an individual 

entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 1606 of this title, 

chapter 30, 31, 32, or 35 of title 38, or under the Hostage Relief Act 

of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive 

assistance under more than one such programs and shall elect (in 

such form and manner as the Secretary concerned may prescribe) 

under which program the member elects to receive educational assistance. 

‘‘(2) The restriction on duplication of educational assistance 

under paragraph (1) does not apply to the entitlement of educational assistance under section 16131(i) of this title. 

‘‘§ 16164. Time limitation for use of entitlement 

‘‘(a) DURATION OF ENTITLEMENT.—Except as provided in subsection (b), a member remains entitled to educational assistance 

under this chapter while serving—

‘‘(1) in the Selected Reserve of the Ready Reserve, in the 

case of a member called or ordered to active service while serving in the Selected Reserve; or 

‘‘(2) in the Ready Reserve, in the case of a member ordered 

to active duty while serving in the Ready Reserve (other than 

the Selected Reserve). 

‘‘(b) DURATION OF ENTITLEMENT FOR DISABLED MEMBERS.—(1) 

In the case of a person who is separated from the Ready Reserve because of a disability which was not the result of the individual’s 

own willful misconduct incurred on or after the date on which such 

person became entitled to educational assistance under this chapter, 

such person’s entitlement to educational assistance expires at the 

end of the 10-year period beginning on the date on which such person became entitled to such assistance. 

‘‘(2) The provisions of subsections (d) and (f) of section 3031 of 

title 38 shall apply to the period of entitlement prescribed by paragraph (1). 

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‘‘§ 16165. Termination of assistance 

‘‘Educational assistance may not be provided under this chapter, or if being provided under this chapter, shall be terminated—

‘‘(1) if the member is receiving financial assistance under 

section 2107 of this title as a member of the Senior Reserve Officers’ Training Corps program; or 

‘‘(2) when the member separates from the Ready Reserve, as 

provided for under section 16164(a)(1) or section 16164(a)(2), as 

applicable, of this title. 

‘‘§ 16166. Administration of program 

‘‘(a) ADMINISTRATION.—Educational assistance under this chapter shall be provided through the Department of Veterans Affairs, 

under agreements to be entered into by the Secretary of Defense, and 

by the Secretary of Homeland Security, with the Secretary of Veterans Affairs. Such agreements shall include administrative procedures to ensure the prompt and timely transfer of funds from the 

Secretary concerned to the Department of Veterans Affairs for the 

making of payments under this chapter. 

‘‘(b) PROGRAM MANAGEMENT.—Except as otherwise provided in 

this chapter, the provisions of sections 503, 511, 3470, 3471, 3474, 

3476, 3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of 

sections 3686(a), 3687, and 3692) shall be applicable to the provision of educational assistance under this chapter. The term ‘eligible 

veteran’ and the term ‘person’, as used in those provisions, shall be 

deemed for the purpose of the application of those provisions to this 

chapter to refer to a person eligible for educational assistance under 

this chapter. 

‘‘(c) FLIGHT TRAINING.—The Secretary of Veterans Affairs may 

approve the pursuit of flight training (in addition to a course of 

flight training that may be approved under section 3680A(b) of title 

38) by an individual entitled to educational assistance under this 

chapter if—

‘‘(1) such training is generally accepted as necessary for the 

attainment of a recognized vocational objective in the field of 

aviation; 

‘‘(2) the individual possesses a valid private pilot certificate 

and meets, on the day the member begins a course of flight 

training, the medical requirements necessary for a commercial 

pilot certificate; and 

‘‘(3) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the 

Federal Aviation Administration and the State approving agency. 

‘‘(d) TRUST FUND.—Amounts for payments for benefits under 

this chapter shall be derived from the Department of Defense Education Benefits Fund under section 2006 of this title.’’. 

(b) CONFORMING AMENDMENTS.—(1) Section 2006(b) of such 

title is amended—

(A) in paragraph (1), by striking ‘‘chapter 1606’’ and inserting ‘‘chapters 1606 and 1607, including funds provided by the 

Secretary of Homeland Security for education liabilities for the 

Coast Guard when it is not operating as a service in the Department of the Navy’’; and 

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(B) in paragraph (2)(C), by striking ‘‘for educational assistance under chapter 1606’’ and inserting ‘‘(including funds from 

the Department in which the Coast Guard is operating) for educational assistance under chapters 1606 and 1607’’. 

(2) Section 3695(a)(5) of title 38, United States Code, is amended by inserting ‘‘1607,’’ after ‘‘1606,’’. 

(c) CLERICAL AMENDMENT.—The tables of chapters at the beginning of subtitle E of title 10, United States Code, and at the beginning of part IV of such subtitle, are amended by inserting after the 

item relating to chapter 1606 the following new item:

‘‘1607. Educational Assistance for Reserve Component Members Supporting 

Contingency Operations and Certain Other Operations .....16161’’.

SEC. 528. SENSE OF CONGRESS ON GUIDANCE CONCERNING TREATMENT OF EMPLOYER-PROVIDED COMPENSATION AND 

OTHER BENEFITS VOLUNTARILY PROVIDED TO EMPLOYEES WHO ARE ACTIVATED RESERVISTS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress—

(1) that the Secretary of the Treasury should provide guidance with respect to treatment under the internal revenue laws 

of payments made by employers to activated Reservist employees 

under voluntary Reserve-employee differential pay arrangements, benefits provided by employers to such employees, and 

contributions by employers to employer-provided retirement savings plans related thereto; and 

(2) that the guidance provided under paragraph (1) should, 

to the extent possible within the Secretary’s authority, be consistent with the goal of promoting and ensuring the validity of 

voluntary differential pay arrangements, benefits, and contributions referred to in that paragraph. 

(b) DEFINITIONS.—For purposes of this section: 

(1) VOLUNTARY RESERVE-EMPLOYEE DIFFERENTIAL PAY ARRANGEMENT.—The term ‘‘voluntary Reserve-employee differential pay arrangement’’ means an arrangement by which an employer of an activated Reservist employee voluntarily agrees to 

pay, and pays, to that employee, while on active duty, amounts 

equivalent to the difference (or some portion of the difference) 

between (A) the compensation of that employee paid by the employer at the time of the employee’s activation for such active 

duty, and (B) that employee’s military compensation. 

(2) ACTIVATED RESERVIST EMPLOYEE.—The term ‘‘activated 

Reservist employee’’ means a member of a reserve component of 

the Armed Forces who is on active duty under a call or order 

to active duty (other than for training) and who at the time of 

such call or order is employed in a position subject to chapter 

43 of title 38, United States Code (referred to as the Uniformed 

Services Employment and Reemployment Rights Act of 1994 

(USERRA)).

Subtitle D—Joint Officer Management and Professional 

Military Education

SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DEVELOPMENT 

TO OVERALL MISSIONS AND GOALS OF DEPARTMENT OF 

DEFENSE. 

(a) PLAN REQUIRED.—(1) The Secretary of Defense shall develop 

a strategic plan for joint officer management and joint professional 

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military education that links joint officer development to the accomplishment of the overall missions and goals of the Department of 

Defense, as set forth in the most recent national military strategy 

under section 153(d) of title 10, United States Code. Such plan shall 

be developed for the purpose of ensuring that sufficient numbers of 

officers fully qualified in occupational specialties involving combat 

operations are available as necessary to meet the needs of the Department for qualified officers who are operationally effective in the 

joint environment. 

(2) The Secretary shall develop the strategic plan with the advice of the Chairman of the Joint Chiefs of Staff. 

(b) MATTERS TO BE INCLUDED.—As part of the strategic plan 

under subsection (a), the Secretary shall include the following: 

(1) A statement of the levels of joint officer resources needed 

to be available to properly support the overall missions of the 

Department of Defense, with such resources to be specified by 

the number of officers with the joint specialty, the number of officers required for service in joint duty assignment positions, 

and the training and education resources required. 

(2) An assessment of the available and projected joint officer development resources (including officers, educational and 

training resources, and availability of joint duty assignment positions and tours of duty) necessary to achieve the levels specified under paragraph (1). 

(3) Identification of any problems or issues arising from 

linking resources for joint officer development to accomplishment of the objective of meeting the levels specified under paragraph (1) to resolve those problems and issues and plans. 

(4) A description of the process for identification of the 

present and future requirements for joint specialty officers. 

(5) A description of the career development and management of joint specialty officers and of any changes to be made 

to facilitate achievement of the levels of resources specified in 

paragraph (1), including additional education requirements, 

promotion opportunities, and assignments to fill joint assignments. 

(6) An assessment of any problems or issues (and proposed 

solutions for any such problems and issues) arising from linking promotion eligibility to completion of joint professional military education. 

(7) An assessment of any problems or issues (and proposed 

solutions for any such problems and issues) arising from linking prescribed lengths of joint duty assignments to qualification 

as joint specialty officers. 

(8) An assessment of any problems or issues (and proposed 

solutions for any such problems and issues) arising from current law regarding expected rates of promotion for joint specialty officers and officers who are serving in, or have served in, 

joint duty assignments (other than those serving in, or who 

have served in, the Joint Staff and joint specialty officers). 

(9) An assessment of any problems or issues (and proposed 

solutions for any such problems and issues) arising from current applicability of scientific and technical qualification waivers for designation as joint specialty officers. 

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(10) An assessment of the viability of the use of incentives 

(such as awarding ribbons) to any person who successfully completes a joint professional military education program of instruction. 

(11) An assessment of the feasibility and utility of a comprehensive written examination as part of the evaluation criteria for selection of officers for full-time attendance at an intermediate or senior level service school. 

(12) An assessment of the effects on the overall educational 

experience at the National Defense University of a small increase in the number of private-sector civilians eligible to enroll 

in instruction at the National Defense University . 

(13) An assessment of the propriety and implications in 

providing joint specialty officer qualification to all qualifying 

reserve offices who have achieved the statutory prerequisites. 

(c) INCLUSION OF RESERVE COMPONENT OFFICERS.—In developing the strategic plan required by subsection (a), the Secretary 

shall include joint officer development for officers on the reserve active-status list in the plan. 

(d) REPORT.—The Secretary shall submit the plan developed 

under this section to the Committees on Armed Services of the Senate and House of Representatives not later than January 15, 2006. 

(e) ADDITIONAL ASSESSMENT.—Not later than January 15, 

2007, the Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and House of Representatives, as a follow-on to the report under subsection (d), a report providing an assessment of, and initiatives to improve, the performance in joint 

matters of the following: 

(1) Senior civilian officers and employees in the Office of 

the Secretary of Defense, the Defense Agencies, and the military 

departments. 

(2) Senior noncommissioned officers. 

(3) Senior leadership in the reserve components.

SEC. 532. IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION IN 

THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—Part III of subtitle A of title 10, United States 

Code, is amended—

(1) by redesignating chapter 107 as chapter 106A; and 

(2) by inserting before chapter 108 the following new chapter: 

‘‘CHAPTER 107—PROFESSIONAL MILITARY EDUCATION

‘‘Sec. 

‘‘2151. Definitions. 

‘‘2152. Professional military education: general requirements. 

‘‘2153. Capstone course: newly selected general and flag officers. 

‘‘2154. Joint professional military education: three-phase approach. 

‘‘2155. Joint professional military education phase II program of instruction. 

‘‘2156. Joint Forces Staff College: duration of principal course of instruction. 

‘‘2157. Annual report to Congress.

‘‘§ 2151. Definitions 

‘‘(a) JOINT PROFESSIONAL MILITARY EDUCATION.—Joint professional military education consists of the rigorous and thorough instruction and examination of officers of the armed forces in an environment designed to promote a theoretical and practical in-depth 

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understanding of joint matters and, specifically, of the subject matter covered. The subject matter to be covered by joint professional 

military education shall include at least the following: 

‘‘(1) National Military Strategy. 

‘‘(2) Joint planning at all levels of war. 

‘‘(3) Joint doctrine. 

‘‘(4) Joint command and control. 

‘‘(5) Joint force and joint requirements development. 

‘‘(b) OTHER DEFINITIONS.—In this chapter: 

‘‘(1) The term ‘senior level service school’ means any of the 

following: 

‘‘(A) The Army War College. 

‘‘(B) The College of Naval Warfare. 

‘‘(C) The Air War College. 

‘‘(D) The Marine Corps War College. 

‘‘(2) The term ‘intermediate level service school’ means any 

of the following: 

‘‘(A) The United States Army Command and General 

Staff College. 

‘‘(B) The College of Naval Command and Staff. 

‘‘(C) The Air Command and Staff College. 

‘‘(D) The Marine Corps Command and Staff College.

‘‘§ 2152. Joint professional military education: general requirements 

‘‘(a) IN GENERAL.—The Secretary of Defense shall implement a 

comprehensive framework for the joint professional military education of officers, including officers nominated under section 661 of 

this title for the joint specialty. 

‘‘§ 2153. Capstone course: newly selected general and flag officers 

‘‘(a) REQUIREMENT.—Each officer selected for promotion to the 

grade of brigadier general or, in the case of the Navy, rear admiral 

(lower half) shall be required, after such selection, to attend a military education course designed specifically to prepare new general 

and flag officers to work with the other armed forces. 

‘‘(b) WAIVER AUTHORITY.—(1) Subject to paragraph (2), the Secretary of Defense may waive subsection (a)—

‘‘(A) in the case of an officer whose immediately previous 

assignment was in a joint duty assignment and who is thoroughly familiar with joint matters; 

‘‘(B) when necessary for the good of the service; 

‘‘(C) in the case of an officer whose proposed selection for 

promotion is based primarily upon scientific and technical 

qualifications for which joint requirements do not exist (as determined under regulations prescribed under section 619(e)(4) of 

this title); and 

‘‘(D) in the case of a medical officer, dental officer, veterinary officer, medical service officer, nurse, biomedical science 

officer, or chaplain. 

‘‘(2) The authority of the Secretary of Defense to grant a waiver 

under paragraph (1) may only be delegated to the Deputy Secretary 

of Defense, an Under Secretary of Defense, or an Assistant Secretary 

89

of Defense. Such a waiver may be granted only on a case-by-case 

basis in the case of an individual officer.

‘‘§ 2154. Joint professional military education: three-phase 

approach 

‘‘(a) THREE-PHASE APPROACH.—The Secretary of Defense shall 

implement a three-phase approach to joint professional military 

education, as follows:

‘‘(1) There shall be a course of instruction, designated and 

certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as Phase I instruction, consisting of all the elements of a joint professional 

military education (as specified in section 2151(a) of this title), 

in addition to the principal curriculum taught to all officers at 

an intermediate level service school. 

‘‘(2) There shall be a course of instruction, designated and 

certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as Phase II 

instruction, consisting of a joint professional military education 

curriculum taught in residence at—

‘‘(A) the Joint Forces Staff College; or 

‘‘(B) a senior level service school that has been designated and certified by the Secretary of Defense as a joint 

professional military education institution. 

‘‘(3) There shall be a course of instruction, designated and 

certified by the Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff as the Capstone course, for officers selected for promotion to the grade of 

brigadier general or, in the case of the Navy, rear admiral 

(lower half) and offered in accordance with section 2153 of this 

title. 

‘‘(b) SEQUENCED APPROACH.—The Secretary shall require the sequencing of joint professional military education so that the standard sequence of assignments for such education requires an officer 

to complete Phase I instruction before proceeding to Phase II instruction, as provided in section 2155(a) of this title.

‘‘§ 2155. Joint professional military education phase II program of instruction 

‘‘(a) PREREQUISITE OF COMPLETION OF JOINT PROFESSIONAL

MILITARY EDUCATION I PROGRAM OF INSTRUCTION.—(1) After September 30, 2009, an officer of the armed forces may not be accepted 

for, or assigned to, a program of instruction designated by the Secretary of Defense as joint professional military education Phase II 

unless the officer has successfully completed a program of instruction designated by the Secretary of Defense as joint professional 

military education Phase I. 

‘‘(2) The Chairman of the Joint Chiefs of Staff may grant exceptions to the requirement under paragraph (1). Such an exception 

may be granted only on a case-by-case basis under exceptional circumstances, as determined by the Chairman. An officer selected to 

receive such an exception shall have knowledge of joint matters and 

other aspects of the Phase I curriculum that, to the satisfaction of 

the Chairman, qualifies the officer to meet the minimum requirements established for entry into Phase II instruction without first 

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completing Phase I instruction. The number of officers selected to attend an offering of the principal course of instruction at the Joint 

Forces Staff College or a senior level service school designated by 

the Secretary of Defense as a joint professional military education 

institution who have not completed Phase I instruction should comprise no more than 10 percent of the total number of officers selected. 

‘‘(b) PHASE II REQUIREMENTS.—The Secretary shall require that 

the curriculum for Phase II joint professional military education at 

any school—

‘‘(1) focus on developing joint operational expertise and perspectives and honing joint warfighting skills; and 

‘‘(2) be structured —

‘‘(A) so as to adequately prepare students to perform effectively in an assignment to a joint, multiservice organization; and 

‘‘(B) so that students progress from a basic knowledge 

of joint matters learned in Phase I instruction to the level 

of expertise necessary for successful performance in the joint 

arena. 

‘‘(c) CURRICULUM CONTENT.—In addition to the subjects specified in section 2151(a) of this title, the curriculum for Phase II joint 

professional military education shall include the following: 

‘‘(1) National security strategy. 

‘‘(2) Theater strategy and campaigning. 

‘‘(3) Joint planning processes and systems. 

‘‘(4) Joint, interagency, and multinational capabilities and 

the integration of those capabilities. 

‘‘(d) STUDENT RATIO; FACULTY RATIO.—Not later than September 30, 2009, for courses of instruction in a Phase II program 

of instruction that is offered at senior level service school that has 

been designated by the Secretary of Defense as a joint professional 

military education institution—

‘‘(1) the percentage of students enrolled in any such course 

who are officers of the armed force that administers the school 

may not exceed 60 percent, with the remaining services proportionally represented; and 

‘‘(2) of the faculty at the school who are active-duty officers 

who provide instruction in such courses, the percentage who are 

officers of the armed force that administers the school may not 

exceed 60 percent, with the remaining services proportionally 

represented.

‘‘§ 2156. Joint Forces Staff College: duration of principal 

course of instruction 

‘‘(a) DURATION.—The duration of the principal course of instruction offered at the Joint Forces Staff College may not be less 

than 10 weeks of resident instruction. 

‘‘(b) DEFINITION.—In this section, the term ‘principal course of 

instruction’ means any course of instruction offered at the Joint 

Forces Staff College as Phase II joint professional military education.

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‘‘§ 2157. Annual report to Congress 

‘‘The Secretary of Defense shall include in the annual report of 

the Secretary to Congress under section 113(c) of this title, for the 

period covered by the report, the following information (which shall 

be shown for the Department of Defense as a whole and separately 

for the Army, Navy, Air Force, and Marine Corps and each reserve 

component): 

‘‘(1) The number of officers who successfully completed a 

joint professional military education phase II course and were 

not selected for promotion. 

‘‘(2) The number of officer students and faculty members 

assigned by each service to the professional military schools of 

the other services and to the joint schools.’’. 

(b) TRANSFER OF OTHER PROVISIONS.—Subsections (b) and (c) 

of section 663 of title 10, United States Code, are transferred to section 2152 of such title, as added by subsection (a), and added at the 

end thereof. 

(c) CONFORMING AMENDMENTS.—(1) Section 663 of such title, as 

amended by subsection (b), is further amended—

(A) by striking subsections (a) and (e); and 

(B) by striking ‘‘(d) POST-EDUCATION JOINT DUTY ASSIGNMENTS.—(1) The’’ and inserting ‘‘(a) JOINT SPECIALTY OFFICERS.—The’’; 

(C) by striking ‘‘(2)(A) The Secretary’’ and inserting ‘‘(b) 

OTHER OFFICERS.—(1) The Secretary’’; 

(D) by striking ‘‘in subparagraph (B)’’ and inserting ‘‘in 

paragraph (2)’’; 

(E) by striking ‘‘(B) The Secretary’’ and inserting ‘‘(2) The 

Secretary’’; and 

(F) by striking ‘‘in subparagraph (A)’’ and inserting ‘‘in 

paragraph (1)’’. 

(2)(A) The heading of such section is amended to read as follows: 

‘‘§ 663. Joint duty assignments after completion of joint professional military education’’. 

(B) The item relating to that section in the table of sections at 

the beginning of chapter 38 of such title is amended to read as follows:

‘‘663. Joint duty assignments after completion of joint professional military education.’’.

(d) CONFORMING REPEAL.—Section 1123(b) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 

101–189; 103 Stat. 1556) is repealed. 

(e) CLERICAL AMENDMENT.—The tables of chapters at the beginning of subtitle A, and at the beginning of part III of subtitle A, of 

title 10, United States Code, are amended by striking the item relating to chapter 107 and inserting the following:

‘‘106A. Educational Assistance for Persons Enlisting for Active Duty 2141

‘‘107. Professional Military Education ...................................................... 2151’’.

SEC. 533. JOINT REQUIREMENTS FOR PROMOTION TO FLAG OR GENERAL OFFICER GRADE. 

(a) EFFECTIVE DATE FOR JOINT SPECIALTY OFFICER REQUIRE- MENT.—Subsection (a)(2) of section 619a of title 10, United States 

92

Code, is amended by striking ‘‘September 30, 2007’’ and inserting 

‘‘September 30, 2008’’. 

(b) EXCEPTION TO JOINT DUTY REQUIREMENT FOR OFFICERS

SERVING IN JOINT DUTY ASSIGNMENT WHEN CONSIDERED FOR PROMOTION.—Subsection (b)(4) of such section is amended by striking 

‘‘if—’’ and all that follows through ‘‘(B) the officer’s’’ and inserting 

‘‘if the officer’s’’.

SEC. 534. CLARIFICATION OF TOURS OF DUTY QUALIFYING AS A JOINT 

DUTY ASSIGNMENT. 

(a) JOINT DUTY ASSIGNMENT LIST.—Subsection (b)(2) of section 

668 of title 10, United States Code, is amended by striking ‘‘a list’’ 

in the matter preceding subparagraph (A) and inserting ‘‘a joint 

duty assignment list’’. 

(b) CONSECUTIVE TOURS OF DUTY IN JOINT DUTY ASSIGNMENTS.—Subsection (c) of such section is amended by striking 

‘‘within the same organization’’. 

(c) EFFECTIVE DATE.—The amendment made by subsection (b) 

shall not apply in the case of a joint duty assignment completed by 

an officer before the date of the enactment of this Act, except in the 

case of an officer who has continued in joint duty assignments, 

without a break in service in such assignments, between the end of 

such assignment and the date of the enactment of this Act.

SEC. 535. TWO-YEAR EXTENSION OF TEMPORARY STANDARD FOR PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS. 

Section 662(a)(2) of title 10, United States Code, is amended by 

striking ‘‘December 27, 2004’’ in subparagraphs (A) and (B) and inserting ‘‘December 27, 2006’’.

SEC. 536. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE REQUIREMENT THAT RESERVE CHIEFS AND NATIONAL GUARD DIRECTORS HAVE SIGNIFICANT JOINT DUTY EXPERIENCE. 

(a) EXTENSION.—Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), 

8038(b)(4), and 10506(a)(3)(D) of title 10, United States Code, are 

amended by striking ‘‘December 31, 2004,’’ and inserting ‘‘December 

31, 2006,’’. 

(b) FUTURE COMPLIANCE.—Not later than one year after the 

date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a plan for 

ensuring that all officers selected after December 31, 2006, for recommendation for appointment as a Reserve chief or National Guard 

director have significant joint duty experience, as required by law, 

and may be so recommended without requirement for a wavier of 

such requirement. Such plan shall be developed in coordination 

with the Chairman of the Joint Chiefs of Staff.

Subtitle E—Military Service Academies

SEC. 541. REVISION TO CONDITIONS ON SERVICE OF OFFICERS AS 

SERVICE ACADEMY SUPERINTENDENTS. 

(a) AUTHORITY TO WAIVE REQUIREMENT THAT OFFICERS RETIRE

AFTER SERVICE AS SUPERINTENDENT.—Title 10, United States Code, 

is amended as follows: 

(1) MILITARY ACADEMY.—Section 3921 is amended—

(A) by inserting ‘‘(a) MANDATORY RETIREMENT.—’’ before ‘‘Upon the’’; and 

93

(B) by adding at the end the following: 

‘‘(b) WAIVER AUTHORITY.—The Secretary of Defense may waive 

the requirement in subsection (a) for good cause. In each case in 

which such a waiver is granted for an officer, the Secretary shall 

submit to the Committees on Armed Services of the Senate and the 

House of Representatives a written notification of the waiver, with 

a statement of the reasons supporting the decision that the officer 

not retire, and a written notification of the intent of the President 

to nominate the officer for reassignment.’’. 

(2) NAVAL ACADEMY.—Section 6371 is amended—

(A) by inserting ‘‘(a) MANDATORY RETIREMENT.—’’ before ‘‘Upon the’’; and 

(B) by adding at the end the following: 

‘‘(b) WAIVER AUTHORITY.—The Secretary of Defense may waive 

the requirement in subsection (a) for good cause. In each case in 

which such a waiver is granted for an officer, the Secretary shall 

submit to the Committees on Armed Services of the Senate and the 

House of Representatives a written notification of the waiver, with 

a statement of the reasons supporting the decision that the officer 

not retire, and a written notification of the intent of the President 

to nominate the officer for reassignment.’’. 

(3) AIR FORCE ACADEMY.—Section 8921 is amended—

(A) by inserting ‘‘(a) MANDATORY RETIREMENT.—’’ before ‘‘Upon the’’; and 

(B) by adding at the end the following: 

‘‘(b) WAIVER AUTHORITY.—The Secretary of Defense may waive 

the requirement in subsection (a) for good cause. In each case in 

which such a waiver is granted for an officer, the Secretary shall 

submit to the Committees on Armed Services of the Senate and the 

House of Representatives a written notification of the waiver, with 

a statement of the reasons supporting the decision that the officer 

not retire, and a written notification of the intent of the President 

to nominate the officer for reassignment.’’. 

(b) MINIMUM THREE-YEAR TOUR OF DUTY AS SUPERINTENDENT.—Title 10, United States Code, is amended as follows: 

(1) MILITARY ACADEMY.—Section 4333a is amended—

(A) by inserting ‘‘(a) RETIREMENT.—’’ before ‘‘As a’’; 

(B) by inserting before the period at the end the following: ‘‘pursuant to section 3921(a) of this title, unless 

such retirement is waived under section 3921(b) of this 

title’’; and 

(C) by adding at the end the following: 

‘‘(b) MINIMUM TOUR OF DUTY.—An officer who is detailed to the 

position of Superintendent of the Academy shall be so detailed for 

a period of not less than three years. In any case in which an officer 

serving as Superintendent is reassigned or retires before having 

completed three years service as Superintendent, or otherwise leaves 

that position (other than due to death) without having completed 

three years service in that position, the Secretary of the Army shall 

submit to Congress notice that such officer left the position of Superintendent without having completed three years service in that position, together with a statement of the reasons why that officer did 

not complete three years service in that position.’’. 

(2) NAVAL ACADEMY.—Section 6951a is amended—

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(A) by inserting before the period at the end of subsection (b) the following: ‘‘pursuant to section 6371(a) of 

this title, unless such retirement is waived under section 

6371(b) of this title’’; and 

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

‘‘(c) An officer who is detailed to the position of Superintendent 

shall be so detailed for a period of not less than three years. In any 

case in which an officer serving as Superintendent is reassigned or 

retires before having completed three years service as Superintendent, or otherwise leaves that position (other than due to 

death) without having completed three years service in that position, 

the Secretary of the Navy shall submit to Congress notice that such 

officer left the position of Superintendent without having completed 

three years service in that position, together with a statement of the 

reasons why that officer did not complete three years service in that 

position.’’. 

(3) AIR FORCE ACADEMY.—Section 9333a is amended—

(A) by inserting ‘‘(a) RETIREMENT.—’’ before ‘‘As a’’; 

(B) by inserting before the period at the end the following: ‘‘pursuant to section 8921(a) of this title, unless 

such retirement is waived under section 8921(b) of this 

title’’; and 

(C) by adding at the end the following: 

‘‘(b) MINIMUM TOUR OF DUTY.—An officer who is detailed to the 

position of Superintendent of the Academy shall be so detailed for 

a period of not less than three years. In any case in which an officer 

serving as Superintendent is reassigned or retires before having 

completed three years service as Superintendent, or otherwise leaves 

that position (other than due to death) without having completed 

three years service in that position, the Secretary of the Air Force 

shall submit to Congress notice that such officer left the position of 

Superintendent without having completed three years service in that 

position, together with a statement of the reasons why that officer 

did not complete three years service in that position.’’. 

(c) CLERICAL AMENDMENTS.—Title 10, United States Code, is 

amended as follows:

(1)(A) The heading for section 3921 is amended to read as 

follows: 

‘‘§ 3921. Mandatory retirement: Superintendent of the United 

States Military Academy; waiver authority’’. 

(B) The item relating to that section in the table of sections 

at the beginning of chapter 367 is amended to read as follows:

‘‘3921. Mandatory retirement: Superintendent of the United States Military Academy; 

waiver authority.’’

(2)(A) The heading for section 6371 is amended to read as 

follows: 

‘‘§ 6371. Mandatory retirement: Superintendent of the United 

States Naval Academy; waiver authority’’. 

(B) The item relating to that section in the table of sections 

at the beginning of chapter 573 is amended to read as follows:

‘‘6371. Mandatory retirement: Superintendent of the United States Naval Academy; 

waiver authority.’’.

95

(3)(A) The heading for section 8921 is amended to read as 

follows: 

‘‘§ 8921. Mandatory retirement: Superintendent of the United 

States Air Force Academy; waiver authority’’. 

(B) The item relating to that section in the table of sections 

at the beginning of chapter 867 is amended to read as follows:

‘‘8921. Mandatory retirement: Superintendent of the United States Air Force Academy; waiver authority.’’.

SEC. 542. ACADEMIC QUALIFICATIONS OF THE DEAN OF THE FACULTY 

OF UNITED STATES AIR FORCE ACADEMY. 

Section 9335(a) of title 10, United States Code, is amended by 

inserting before the period at the end of the second sentence the following: ‘‘, except that a person may not be appointed or assigned as 

Dean unless that person holds the highest academic degree in that 

person’s academic field’’.

SEC. 543. BOARD OF VISITORS OF UNITED STATES AIR FORCE ACADEMY. 

Section 9355 of title 10, United States Code, is amended to read 

as follows: 

‘‘§ 9355. Board of Visitors 

‘‘(a) A Board of Visitors to the Academy is constituted annually. 

The Board consists of the following members: 

‘‘(1) Six persons designated by the President. 

‘‘(2) The chairman of the Committee on Armed Services of 

the House of Representatives, or his designee. 

‘‘(3) Four persons designated by the Speaker of the House 

of Representatives, three of whom shall be members of the 

House of Representatives and the fourth of whom may not be 

a member of the House of Representatives. 

‘‘(4) The chairman of the Committee on Armed Services of 

the Senate, or his designee. 

‘‘(5) Three other members of the Senate designated by the 

Vice President or the President pro tempore of the Senate, two 

of whom are members of the Committee on Appropriations of 

the Senate. 

‘‘(b)(1) The persons designated by the President serve for three 

years each except that any member whose term of office has expired 

shall continue to serve until his successor is designated. The President shall designate persons each year to succeed the members designated by the President whose terms expire that year. 

‘‘(2) At least two of the members designated by the President 

shall be graduates of the Academy. 

‘‘(c)(1) If a member of the Board dies or resigns or is terminated 

as a member of the board under paragraph (2), a successor shall 

be designated for the unexpired portion of the term by the official 

who designated the member. 

‘‘(2)(A) If a member of the Board fails to attend two successive 

Board meetings, except in a case in which an absence is approved 

in advance, for good cause, by the Board chairman, such failure 

shall be grounds for termination from membership on the Board. A 

person designated for membership on the Board shall be provided 

notice of the provisions of this paragraph at the time of such designation. 

96

‘‘(B) Termination of membership on the Board under subparagraph (A)—

‘‘(i) in the case of a member of the Board who is not a member of Congress, may be made by the Board chairman; and 

‘‘(ii) in the case of a member of the Board who is a member 

of Congress, may be made only by the official who designated 

the member. 

‘‘(C) When a member of the Board is subject to termination from 

membership on the Board under subparagraph (A), the Board 

chairman shall notify the official who designated the member. Upon 

receipt of such a notification with respect to a member of the Board 

who is a member of Congress, the official who designated the member shall take such action as that official considers appropriate. 

‘‘(d) The Board should meet at least four times a year, with at 

least two of those meetings at the Academy. The Board or its members may make other visits to the Academy in connection with the 

duties of the Board. Board meetings should last at least one full 

day. Board members shall have access to the Academy grounds and 

the cadets, faculty, staff, and other personnel of the Academy for the 

purposes of the duties of the Board. 

‘‘(e)(1) The Board shall inquire into the morale, discipline, and 

social climate, the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the 

Academy that the Board decides to consider. 

‘‘(2) The Secretary of the Air Force and the Superintendent of 

the Academy shall provide the Board candid and complete disclosure, consistent with applicable laws concerning disclosure of information, with respect to institutional problems. 

‘‘(3) The Board shall recommend appropriate action. 

‘‘(f) The Board shall prepare a semiannual report containing its 

views and recommendations pertaining to the Academy, based on its 

meeting since the last such report and any other considerations it 

determines relevant. Each such report shall be submitted concurrently to the Secretary of Defense, through the Secretary of the Air 

Force, and to the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of Representatives. 

‘‘(g) Upon approval by the Secretary, the Board may call in advisers for consultation.

‘‘(h) While performing duties as a member of the Board, each 

member of the Board and each adviser shall be reimbursed under 

Government travel regulations for travel expenses.’’.

SEC. 544. APPROPRIATED FUNDS FOR SERVICE ACADEMY ATHLETIC 

AND RECREATIONAL EXTRACURRICULAR PROGRAMS TO 

BE TREATED IN SAME MANNER AS FOR MILITARY MORALE, WELFARE, AND RECREATION PROGAMS. 

(a) UNITED STATES MILITARY ACADEMY.—(1) Chapter 403 of 

title 10, United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 4359. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated 

funds 

‘‘(a) AUTHORITY.—In the case of an Academy mixed-funded athletic or recreational extracurricular program, the Secretary of the 

97

Army may designate funds appropriated to the Department of the 

Army and available for that program to be treated as nonappropriated funds and expended for that program in accordance 

with laws applicable to the expenditure of nonappropriated funds. 

Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available 

until expended. 

‘‘(b) COVERED PROGRAMS.—In this section, the term ‘Academy 

mixed-funded athletic or recreational extracurricular program’ 

means an athletic or recreational extracurricular program of the 

Academy to which each of the following applies: 

‘‘(1) The program is not considered a morale, welfare, or 

recreation program. 

‘‘(2) The program is supported through appropriated funds. 

‘‘(3) The program is supported by a nonappropriated fund 

instrumentality. 

‘‘(4) The program is not a private organization and is not 

operated by a private organization.’’.

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

‘‘4359. Mixed-funded athletic and recreational extracurricular programs: authority to 

manage appropriated funds in same manner as nonappropriated 

funds.’’.

(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 603 of title 

10, United States Code, is amended by adding at the end the following new section: 

‘‘§ 6978. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated 

funds 

‘‘(a) AUTHORITY.—In the case of a Naval Academy mixed-funded athletic or recreational extracurricular program, the Secretary of 

the Navy may designate funds appropriated to the Department of 

the Navy and available for that program to be treated as nonappropriated funds and expended for that program in accordance 

with laws applicable to the expenditure of nonappropriated funds. 

Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available 

until expended. 

‘‘(b) COVERED PROGRAMS.—In this section, the term ‘Naval 

Academy mixed-funded athletic or recreational extracurricular program’ means an athletic or recreational extracurricular program of 

the Naval Academy to which each of the following applies: 

‘‘(1) The program is not considered a morale, welfare, or 

recreation program. 

‘‘(2) The program is supported through appropriated funds. 

‘‘(3) The program is supported by a nonappropriated fund 

instrumentality. 

‘‘(4) The program is not a private organization and is not 

operated by a private organization.’’. 

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

98

‘‘6978. Mixed-funded athletic and recreational extracurricular programs: authority to 

manage appropriated funds in same manner as nonappropriated 

funds.’’.

(c) UNITED STATES AIR FORCE ACADEMY.—(1) Chapter 903 of 

title 10, United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 9359. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated 

funds 

‘‘(a) AUTHORITY.—In the case of an Academy mixed-funded athletic or recreational extracurricular program, the Secretary of the 

Air Force may designate funds appropriated to the Department of 

the Air Force and available for that program to be treated as nonappropriated funds and expended for that program in accordance 

with laws applicable to the expenditure of nonappropriated funds. 

Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available 

until expended. 

‘‘(b) COVERED PROGRAMS.—In this section, the term ‘Academy 

mixed-funded athletic or recreational extracurricular program’ 

means an athletic or recreational extracurricular program of the 

Academy to which each of the following applies: 

‘‘(1) The program is not considered a morale, welfare, or 

recreation program. 

‘‘(2) The program is supported through appropriated funds. 

‘‘(3) The program is supported by a nonappropriated fund 

instrumentality. 

‘‘(4) The program is not a private organization and is not 

operated by a private organization.’’. 

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

‘‘9359. Mixed-funded athletic and recreational extracurricular programs: authority to 

manage appropriated funds in same manner as nonappropriated 

funds.’’.

(d) EFFECTIVE DATE AND APPLICABILITY.—Sections 4359, 6978, 

and 9359 of title 10, United States Code, shall apply only with respect to funds appropriated for fiscal years after fiscal year 2004.

SEC. 545. CODIFICATION OF PROHIBITION ON IMPOSITION OF CERTAIN CHARGES AND FEES AT THE SERVICE ACADEMIES. 

(a) UNITED STATES MILITARY ACADEMY.—(1) Chapter 403 of 

title 10, United States Code, as amended by 544(a)(1), is further 

amended by adding at the end the following new section:

‘‘§ 4360. Cadets: charges and fees for attendance; limitation 

‘‘(a) PROHIBITION.—Except as provided in subsection (b), no 

charge or fee for tuition, room, or board for attendance at the Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994. 

‘‘(b) EXCEPTION.—The prohibition specified in subsection (a) 

does not apply with respect to any item or service provided to cadets 

for which a charge or fee is imposed as of October 5, 1994. The Secretary of Defense shall notify Congress of any change made by the 

99

Academy in the amount of a charge or fee authorized under this 

subsection.’’.

(2) The table of sections at the beginning of such chapter is 

amended by adding after the item added by section 544(a)(2) the following new item:

‘‘4360. Cadets: charges and fees for attendance; limitation.’’.

(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 603 of title 

10, United States Code, as amended by 544(b)(1), is further amended by adding at the end the following new section:

‘‘§ 6979. Midshipmen: charges and fees for attendance; limitation 

‘‘(a) PROHIBITION.—Except as provided in subsection (b), no 

charge or fee for tuition, room, or board for attendance at the Naval 

Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994. 

‘‘(b) EXCEPTION.—The prohibition specified in subsection (a) 

does not apply with respect to any item or service provided to midshipmen for which a charge or fee is imposed as of October 5, 1994. 

The Secretary of Defense shall notify Congress of any change made 

by the Naval Academy in the amount of a charge or fee authorized 

under this subsection.’’.

(2) The table of sections at the beginning of such chapter is 

amended by adding after the item added by section 544(b)(2) the following new item:

‘‘6979. Midshipmen: charges and fees for attendance; limitation.’’.

(c) UNITED STATES AIR FORCE ACADEMY.—(1) Chapter 903 title 

10, United States Code, as amended by 544(c)(1), is further amended by adding at the end the following new section:

‘‘§ 9360. Cadets: charges and fees for attendance; limitation 

‘‘(a) PROHIBITION.—Except as provided in subsection (b), no 

charge or fee for tuition, room, or board for attendance at the Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994.

‘‘(b) EXCEPTION.—The prohibition specified in subsection (a) 

does not apply with respect to any item or service provided to cadets 

for which a charge or fee is imposed as of October 5, 1994. The Secretary of Defense shall notify Congress of any change made by the 

Academy in the amount of a charge or fee authorized under this 

subsection.’’.

(2) The table of sections at the beginning of such chapter is 

amended by adding after the item added by section 544(c)(2) the following new item:

‘‘9360. Cadets: charges and fees for attendance; limitation.’’.

(d) UNITED STATES COAST GUARD ACADEMY.—(1) Chapter 9 of 

title 14, United States Code, is amended by adding at the end the 

following new section:

‘‘§ 197. Cadets: charges and fees for attendance; limitation 

‘‘(a) PROHIBITION.—Except as provided in subsection (b), no 

charge or fee for tuition, room, or board for attendance at the AcadVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00125 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
100

emy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994. 

‘‘(b) EXCEPTION.—The prohibition specified in subsection (a) 

does not apply with respect to any item or service provided to cadets 

for which a charge or fee is imposed as of October 5, 1994. The Secretary of Homeland Security shall notify Congress of any change 

made by the Academy in the amount of a charge or fee authorized 

under this subsection.’’.

(2) The table of sections at the beginning of such chapter is 

amended by adding at the end the following new item:

‘‘197. Cadets: charges and fees for attendance; limitation.’’.

(e) UNITED STATES MERCHANT MARINE ACADEMY.—Section 

1303 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1295b), is 

amended by adding at the end the following new subsection: 

‘‘(j) LIMITATION ON CHARGES AND FEES FOR ATTENDANCE.— ‘‘(1) Except as provided in paragraph (2), no charge or fee 

for tuition, room, or board for attendance at the Academy may 

be imposed unless the charge or fee is specifically authorized by 

a law enacted after October 5, 1994. 

‘‘(2) The prohibition specified in paragraph (1) does not 

apply with respect to any item or service provided to cadets for 

which a charge or fee is imposed as of October 5, 1994. The Secretary of Transportation shall notify Congress of any change 

made by the Academy in the amount of a charge or fee authorized under this paragraph.’’.

(f) REPEAL OF CODIFIED PROVISION.—Section 553 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 

103–337; 10 U.S.C. 4331 note) is repealed.

Subtitle F—Other Education and Training Matters

SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PROGRAM. 

(a) CODIFICATION AND EXTENSION OF ARMY PROGRAM.—(1) 

Chapter 31 of title 10, United States Code, is amended by inserting 

after section 510 the following new section:

‘‘§ 511. College First Program 

‘‘(a) PROGRAM AUTHORITY.—The Secretary of each military department may establish a program to increase the number of, and 

the level of the qualifications of, persons entering the armed forces 

as enlisted members by encouraging recruits to pursue higher education or vocational or technical training before entry into active 

service. 

‘‘(b) DELAYED ENTRY WITH ALLOWANCE FOR HIGHER EDUCATION.—The Secretary concerned may—

‘‘(1) exercise the authority under section 513 of this title—

‘‘(A) to accept the enlistment of a person as a Reserve 

for service in the Selected Reserve or Individual Ready Reserve of a reserve component, notwithstanding the scope of 

the authority under subsection (a) of that section, in the 

case of the Army National Guard of the United States or 

Air National Guard of the United States; and 

‘‘(B) to authorize, notwithstanding the period limitation 

in subsection (b) of that section, a delay of the enlistment 

of any such person in a regular component under that subVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00126 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
101

section for the period during which the person is enrolled 

in, and pursuing a program of education at, an institution 

of higher education, or a program of vocational or technical 

training, on a full-time basis that is to be completed within 

the maximum period of delay determined for that person 

under subsection (c); and 

‘‘(2) subject to paragraph (2) of subsection (d) and except as 

provided in paragraph (3) of that subsection, pay an allowance 

to a person accepted for enlistment under paragraph (1)(A) for 

each month of the period during which that person is enrolled 

in and pursuing a program described in paragraph (1)(B). 

‘‘(c) MAXIMUM PERIOD OF DELAY.—The period of delay authorized a person under paragraph (1)(B) of subsection (b) may not exceed the 30-month period beginning on the date of the person’s enlistment accepted under paragraph (1)(A) of such subsection. 

‘‘(d) ALLOWANCE.—(1) The monthly allowance paid under subsection (b)(2) shall be equal to the amount of the subsistence allowance provided for certain members of the Senior Reserve Officers’ 

Training Corps with the corresponding number of years of participation under section 209(a) of title 37. The Secretary concerned may 

supplement that stipend by an amount not to exceed $225 per 

month. 

‘‘(2) An allowance may not be paid to a person under this section for more than 24 months. 

‘‘(3) A member of the Selected Reserve of a reserve component 

may be paid an allowance under this section only for months during which the member performs satisfactorily as a member of a unit 

of the reserve component that trains as prescribed in section 

10147(a)(1) of this title or section 502(a) of title 32. Satisfactory performance shall be determined under regulations prescribed by the 

Secretary concerned. 

‘‘(4) An allowance under this section is in addition to any other 

pay or allowance to which a member of a reserve component is entitled by reason of participation in the Ready Reserve of that component. 

‘‘(e) RECOUPMENT OF ALLOWANCE.—(1) A person who, after receiving an allowance under this section, fails to complete the total 

period of service required of that person in connection with delayed 

entry authorized for the person under section 513 shall repay the 

United States the amount which bears the same ratio to the total 

amount of that allowance paid to the person as the unserved part 

of the total required period of service bears to the total period. 

‘‘(2) An obligation to repay the United States imposed under 

paragraph (1) is for all purposes a debt owed to the United States. 

‘‘(3) A discharge of a person in bankruptcy under title 11 that 

is entered less than five years after the date on which the person 

was, or was to be, enlisted in the regular Army pursuant to the delayed entry authority under section 513 does not discharge that person from a debt arising under paragraph (1). 

‘‘(4) The Secretary concerned may waive, in whole or in part, a 

debt arising under paragraph (1) in any case for which the Secretary determines that recovery would be against equity and good 

conscience or would be contrary to the best interests of the United 

States. 

102

‘‘(f) SPECIAL PAY AND BONUSES.—Upon enlisting in the regular 

component of the member’s armed force, a person who initially enlisted as a Reserve under this section may, at the discretion of the 

Secretary concerned, be eligible for all regular special pays, bonuses, 

education benefits, and loan repayment programs.’’.

(2) The table of sections at the beginning of such chapter is 

amended by inserting after the item relating to section 510 the following new item:

‘‘511. College First Program.’’.

(b) CONTINUATION FOR ARMY OF PRIOR ARMY COLLEGE FIRST

PROGRAM.—The Secretary of the Army shall treat the program 

under section 511 of title 10, United States Code, as added by subsection (a), as a continuation of the program under section 573 of 

the National Defense Authorization Act for Fiscal Year 2000 (10 

U.S.C. 513 note), and for such purpose the Secretary may treat such 

section 511 as having been enacted on October 1, 2004.

SEC. 552. SENIOR RESERVE OFFICERS’ TRAINING CORPS AND RECRUITER ACCESS AT INSTITUTIONS OF HIGHER EDUCATION. 

(a) EQUAL TREATMENT OF MILITARY RECRUITERS WITH OTHER

RECRUITERS.—Subsection (b)(1) of section 983 of title 10, United 

States Code, is amended—

(1) by striking ‘‘entry to campuses’’ and inserting ‘‘access to 

campuses’’; and 

(2) by inserting before the semicolon at the end the following: ‘‘in a manner that is at least equal in quality and scope 

to the access to campuses and to students that is provided to 

any other employer’’. 

(b) PROHIBITION OF FUNDING FOR POST-SECONDARY SCHOOLS

THAT PREVENT ROTC ACCESS OR MILITARY RECRUITING.—(1) Subsection (d) of such section is amended—

(A) in paragraph (1)—

(i) by striking ‘‘limitation established in subsection (a) 

applies’’ and inserting ‘‘limitations established in subsections (a) and (b) apply’’; 

(ii) in subparagraph (B), by inserting ‘‘for any department or agency for which regular appropriations are made’’ 

after ‘‘made available’’; and 

(iii) by adding at the end the following new subparagraphs: 

‘‘(C) Any funds made available for the Department of 

Homeland Security. 

‘‘(D) Any funds made available for the National Nuclear 

Security Administration of the Department of Energy. 

‘‘(E) Any funds made available for the Department of 

Transportation. 

‘‘(F) Any funds made available for the Central Intelligence 

Agency.’’; and 

(B) by striking paragraph (2). 

(2)(A) Subsection (b) of such section is amended by striking 

‘‘subsection (d)(2)’’ and inserting ‘‘subsection (d)(1)’’. 

(B) Subsection (e) of such section is amended by inserting ‘‘, to 

the head of each other department and agency the funds of which 

are subject to the determination,’’ after ‘‘Secretary of Education’’. 

103

(c) CODIFICATION AND EXTENSION OF EXCLUSION OF AMOUNTS

TO COVER INDIVIDUAL PAYMENTS.—Subsection (d) of such section, 

as amended by subsection (b)(1), is further amended—

(1) by striking ‘‘The’’ after ‘‘(1)’’ and inserting ‘‘Except as 

provided in paragraph (2), the’’; and 

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

‘‘(2) Any Federal funding specified in paragraph (1) that is provided to an institution of higher education, or to an individual, to 

be available solely for student financial assistance, related administrative costs, or costs associated with attendance, may be used for 

the purpose for which the funding is provided.’’. 

(d) CONFORMING AMENDMENTS.—Subsections (a) and (b) of 

such section are amended by striking ‘‘(including a grant of funds 

to be available for student aid)’’. 

(e) CONFORMING REPEAL OF CODIFIED PROVISION.—Section 

8120 of the Department of Defense Appropriations Act, 2000 (Public 

Law 106–79; 10 U.S.C. 983 note), is repealed. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to funds appropriated for fiscal year 2005 

and thereafter.

SEC. 553. TUITION ASSISTANCE FOR OFFICERS. 

(a) AUTHORITY TO REDUCE OR WAIVE ACTIVE DUTY SERVICE

OBLIGATION.—Subsection (b) of section 2007 of title 10, United 

States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

(2) by inserting ‘‘or full-time National Guard duty’’ after 

‘‘active duty’’ each place it appears; and 

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

‘‘(2) Notwithstanding paragraph (1), the Secretary of the military department may reduce or waive the active duty service obligation—

‘‘(A) in the case of a commissioned officer who is subject to 

mandatory separation;

‘‘(B) in the case of a commissioned officer who has completed the period of active duty service in support of a contingency operation; or 

‘‘(C) in other exigent circumstances as determined by the 

Secretary.’’. 

(b) INCREASE IN TUITION ASSISTANCE AUTHORIZED FOR ARMY

OFFICERS IN THE SELECTED RESERVE.—Paragraph (1) of section 

2007(c) of title 10, United States Code, is amended to read as follows: 

‘‘(1) Subject to paragraphs (2) and (3), the Secretary of the 

Army may pay the charges of an educational institution for the tuition or expenses of an officer in the Selected Reserve of the Army 

National Guard or the Army Reserve for education or training of 

such officer.’’. 

(c) EFFECTIVE DATE.—The amendment made by subsection (a) 

may, at the discretion of the Secretary concerned, be applied to a 

service obligation incurred by an officer serving on active duty as 

of the date of the enactment of this Act.

SEC. 554. INCREASED MAXIMUM PERIOD FOR LEAVE OF ABSENCE FOR 

PURSUIT OF A PROGRAM OF EDUCATION IN A HEALTH 

CARE PROFESSION. 

Section 708(a) of title 10, United States Code, is amended—

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(1) by striking ‘‘for a period not to exceed two years’’; and 

(2) by adding at the end the following: ‘‘The period of a 

leave of absence granted under this section may not exceed two 

years, except that the period may exceed two years but may not 

exceed three years in the case of an eligible member pursuing 

a program of education in a health care profession.’’.

SEC. 555. ELIGIBILITY OF CADETS AND MIDSHIPMEN FOR MEDICAL 

AND DENTAL CARE AND DISABILITY BENEFITS. 

(a) MEDICAL AND DENTAL CARE.—(1) Chapter 55 of title 10, 

United States Code, is amended by inserting after section 1074a the 

following new section: 

‘‘§ 1074b. Medical and dental care: Academy cadets and midshipmen; members of, and designated applicants 

for membership in, Senior ROTC 

‘‘(a) ELIGIBILITY.—Under joint regulations prescribed by the administering Secretaries, the following persons are, except as provided in subsection (c), entitled to the benefits described in subsection (b): 

‘‘(1) A cadet at the United States Military Academy, the 

United States Air Force Academy, or the Coast Guard Academy, 

and a midshipman at the United States Naval Academy, who 

incurs or aggravates an injury, illness, or disease in the line of 

duty. 

‘‘(2) A member of, and a designated applicant for membership in, the Senior Reserve Officers’ Training Corps who incurs 

or aggravates an injury, illness, or disease—

‘‘(A) in the line of duty while performing duties under 

section 2109 of this title; 

‘‘(B) while traveling directly to or from the place at 

which that member or applicant is to perform or has performed duties pursuant to section 2109 of this title; or 

‘‘(C) in the line of duty while remaining overnight immediately before the commencement of duties performed 

pursuant to section 2109 of this title or, while remaining 

overnight, between successive periods of performing duties 

pursuant to section 2109 of this title, at or in the vicinity 

of the site of the duties performed pursuant to section 2109 

of this title, if the site is outside reasonable commuting distance from the residence of the member or designated applicant. 

‘‘(b) BENEFITS.—A person eligible for benefits under subsection 

(a) for an injury, illness, or disease is entitled to—

‘‘(1) the medical and dental care under this chapter that is 

appropriate for the treatment of the injury, illness, or disease 

until the injury, illness, disease, or any resulting disability cannot be materially improved by further hospitalization or treatment; and 

‘‘(2) meals during hospitalization. 

‘‘(c) EXCEPTION FOR GROSS NEGLIGENCE OR MISCONDUCT.—A 

person is not entitled to benefits under subsection (b) for an injury, 

illness, or disease, or the aggravation of an injury, illness, or disease that is a result of the gross negligence or the misconduct of that 

person.’’. 

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(2) The table of sections at the beginning of such chapter is 

amended by inserting after the item relating to section 1074a the 

following new item:

‘‘1074b. Medical and dental care: Academy cadets and midshipmen; members of, 

and designated applicants for membership in, Senior ROTC.’’.

(b) ELIGIBILITY OF ACADEMY CADETS AND MIDSHIPMEN FOR

DISABILITY RETIRED PAY.—(1) Section 1217 of title 10, United 

States Code, is amended to read as follows: 

‘‘§ 1217. Academy cadets and midshipmen: applicability of 

chapter

‘‘(a) This chapter applies to cadets at the United States Military 

Academy, the United States Air Force Academy, and the United 

States Coast Guard Academy and midshipmen of the United States 

Naval Academy, but only with respect to physical disabilities incurred after the date of the enactment of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. 

‘‘(b) Monthly cadet pay and monthly midshipman pay under 

section 203(c) of title 37 shall be considered to be basic pay for purposes of this chapter and the computation of retired pay and severance and separation pay to which entitlement is established under 

this chapter.’’. 

(2) The item related to section 1217 in the table of sections at 

the beginning of chapter 61 of such title is amended to read as follows:

‘‘1217. Academy cadets and midshipmen: applicability of chapter.’’.

SEC. 556. TRANSFER OF AUTHORITY TO CONFER DEGREES UPON 

GRADUATES OF THE COMMUNITY COLLEGE OF THE AIR 

FORCE.

(a) TRANSFER TO COMMANDER OF AIR UNIVERSITY.—Subsection 

(a) of section 9317 of title 10, United States Code, is amended—

(1) by striking ‘‘may confer—’’ and inserting ‘‘may confer 

academic degrees as follows:’’; 

(2) by striking ‘‘the’’ in paragraphs (1), (2), and (3) after the 

paragraph designation and inserting ‘‘The’’; 

(3) by striking the semicolon at the end of paragraph (1) 

and inserting a period; 

(4) by striking ‘‘; and’’ at the end of paragraph (2) and inserting a period; and 

(5) by adding at the end the following new paragraph: 

‘‘(4) An academic degree at the level of associate upon graduates of the Community College of the Air Force who fulfill the 

requirements for that degree.’’. 

(b) CONFORMING AMENDMENT.—Subsection (c) of section 9315 

of such title is amended to read as follows: 

‘‘(c) ASSOCIATE DEGREES.—(1) Subject to paragraph (2), an academic degree at the level of associate may be conferred under section 

9317 of this title upon any enlisted member who has completed a 

program prescribed by the Community College of the Air Force. 

‘‘(2) No degree may be conferred upon any enlisted member 

under this section unless the Secretary of Education determines that 

the standards for the award of academic degrees in agencies of the 

United States have been met.’’. 

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(c) CLERICAL AMENDMENTS.—(1) The heading of section 9317 of 

such title is amended to read as follows: 

‘‘§ 9317. Air University: conferral of degrees’’. 

(2) The item relating to such section in the table of sections at 

the beginning of chapter 901 of such title is amended to read as follows:

‘‘9317. Air University: conferral of degrees.’’.

SEC. 557. CHANGE IN TITLES OF LEADERSHIP POSITIONS AT THE 

NAVAL POSTGRADUATE SCHOOL. 

(a) DESIGNATION OF PRESIDENT.—(1) The position of Superintendent of the Naval Postgraduate School is redesignated as 

President of the Naval Postgraduate School. 

(2) Any reference to the Superintendent of the Naval Postgraduate School in any law, rule, regulation, document, record, or 

other paper of the United States shall be deemed to be a reference 

to the President of the Naval Postgraduate School. 

(3)(A) Section 7042 of title 10, United States Code, is amended 

by striking ‘‘Superintendent’’ each place it appears in the text and 

inserting ‘‘President’’. 

(B) The heading of such section is amended to read as follows: 

‘‘§ 7042. President; assistants’’. 

(4)(A) Section 7044 of such title is amended by striking ‘‘Superintendent’’ and inserting ‘‘President of the school’’. 

(B) Sections 7048(a) and 7049(e) of such title are amended by 

striking ‘‘Superintendent’’ and inserting ‘‘President’’. 

(b) DESIGNATION OF PROVOST AND ACADEMIC DEAN.—(1) The 

position of Academic Dean of the Naval Postgraduate School is redesignated as Provost and Academic Dean of the Naval Postgraduate School. 

(2) Any reference to the Academic Dean of the Naval Postgraduate School in any law, rule, regulation, document, record, or 

other paper of the United States shall be deemed to be a reference 

to the Provost and Academic Dean of the Naval Postgraduate 

School. 

(3)(A) Subsection (a) of section 7043 of title 10, United States 

Code, is amended to read as follows: 

‘‘(a) There is at the Naval Postgraduate School the civilian position of Provost and Academic Dean. The Provost and Academic 

Dean shall be appointed, to serve for periods of not more than five 

years, by the Secretary of the Navy. Before making an appointment 

to the position of Provost and Academic Dean, the Secretary shall 

consult with the Board of Advisors for the Naval Postgraduate 

School and shall consider any recommendation of the leadership 

and faculty of the Naval Postgraduate School regarding an appointment to that position.’’. 

(B) The heading of such section is amended to read as follows: 

‘‘§ 7043. Provost and Academic Dean’’. 

(4) Sections 7043(b) and 7081(a) of title 10, United States Code, 

are amended by striking ‘‘Academic Dean’’ and inserting ‘‘Provost 

and Academic Dean’’. 

(5)(A) Section 5102(c)(10) of title 5, United States Code, is 

amended by striking ‘‘Academic Dean of the Postgraduate School of 

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the Naval Academy’’ and inserting ‘‘Provost and Academic Dean of 

the Naval Postgraduate School’’. 

(B) Subsection (b) of such section is amended by striking ‘‘Academic Dean’’ and inserting ‘‘Provost and Academic Dean’’. 

(c) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 605 of such title 10, United States Code, is amended 

by striking the items related to sections 7042 and 7043 and inserting the following new items:

‘‘7042. President; assistants. 

‘‘7043. Provost and Academic Dean.’’.

Subtitle G—Assistance to Local Educational Agencies for 

Defense Dependents Education

SEC. 558. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF 

DEPENDENTS OF CERTAIN MEMBERS DESPITE CHANGE IN 

STATUS OF MEMBER. 

(a) SPECIAL RULE.—For purposes of computing the amount of 

a payment for an eligible local educational agency under subsection 

(a) of section 8003 of the Elementary and Secondary Education Act 

(20 U.S.C. 7703) for school year 2004–2005, the Secretary of Education shall continue to count as a child enrolled in a school of such 

agency under such subsection any child who—

(1) would be counted under paragraph (1)(B) of such subsection to determine the number of children who were in average daily attendance in the school; but 

(2) due to the deployment of both parents or legal guardians of the child, the deployment of a parent or legal guardian 

having sole custody of the child, or the death of a military parent or legal guardian while on active duty (so long as the child 

resides on Federal property (as defined in section 8013(5) of 

such Act (20 U.S.C. 7713(5))), is not eligible to be so counted. 

(b) TERMINATION.—The special rule provided under subsection 

(a) applies only so long as the children covered by such subsection 

remain in average daily attendance at a school in the same local 

educational agency they attended before their change in eligibility 

status.

SEC. 559. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES 

AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. 

(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR

FISCAL YEAR 2005.—Of the amount authorized to be appropriated 

pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $30,000,000 shall be available only for the 

purpose of providing educational agencies assistance to local educational agencies. 

(b) NOTIFICATION.—Not later than June 30, 2005, the Secretary 

of Defense shall notify each local educational agency that is eligible 

for educational agencies assistance for fiscal year 2005 of—

(1) that agency’s eligibility for the assistance; and 

(2) the amount of the assistance for which that agency is 

eligible. 

(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall 

disburse funds made available under subsection (a) not later than 

30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (b). 

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(d) DEFINITIONS.—In this section: 

(1) The term ‘‘educational agencies assistance’’ means assistance authorized under section 386(b) of the National Defense 

Authorization Act for Fiscal Year 1993 (Public Law 102–484; 

20 U.S.C. 7703 note). 

(2) The term ‘‘local educational agency’’ has the meaning 

given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

(3) The term ‘‘basic support payment’’ means a payment authorized under section 8003(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).

SEC. 560. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 

Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 

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–77; 20 U.S.C. 7703a).

Subtitle H—Medals and Decorations and Special Promotions 

and Appointments

SEC. 561. AWARD OF MEDAL OF HONOR TO INDIVIDUAL INTERRED IN 

THE TOMB OF THE UNKNOWNS AS REPRESENTATIVE OF 

CASUALTIES OF A WAR. 

(a) AWARD TO INDIVIDUAL AS REPRESENTATIVE.—Chapter 57 of 

title 10, United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 1134. Medal of honor: award to individual interred in 

Tomb of the Unknowns as representative of casualties of a war 

‘‘The medal of honor awarded posthumously to a deceased 

member of the armed forces who, as an unidentified casualty of a 

particular war or other armed conflict, is interred in the Tomb of 

the Unknowns at Arlington National Cemetery, Virginia, is awarded to the member as the representative of the members of the armed 

forces who died in such war or other armed conflict and whose remains have not been identified, and not to the individual personally.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘1134. Medal of honor: award to individual interred in Tomb of the Unknowns as 

representative of casualties of a war.’’.

SEC. 562. 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. 

(a) REQUIREMENT FOR PLAN.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of the Army shall 

submit to the Committees on Armed Services of the Senate and the 

House of Representatives a plan for revising the Army’s criteria and 

eligibility requirements for award of the Combat Infantryman 

Badge and the Combat Medical Badge for service in the Republic 

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of Korea after July 28, 1953, to fulfill the purpose stated in subsection (b). 

(b) PURPOSE OF REVISED CRITERIA AND ELIGIBILITY REQUIREMENTS.—The purpose for revising the criteria and eligibility requirements for award of the Combat Infantryman Badge and the 

Combat Medical Badge for service in the Republic of Korea after 

July 28, 1953, is to ensure fairness in the standards applied to 

Army personnel in the awarding of such badges for Army service in 

the Republic of Korea in comparison to the standards applied to 

Army personnel in the awarding of such badges for Army service in 

other areas of operations.

SEC. 563. AUTHORITY TO APPOINT BRIGADIER GENERAL CHARLES E. 

YEAGER, UNITED STATES AIR FORCE (RETIRED), TO THE 

GRADE OF MAJOR GENERAL ON THE RETIRED LIST. 

The President is authorized to appoint, by and with the advice 

and consent of the Senate, Brigadier General Charles E. Yeager, 

United States Air Force (retired), to the grade of major general on 

the retired list of the Air Force. Any such appointment shall not affect the retired pay or other benefits of Charles E. Yeager or any 

benefits to which any other person is or may become entitled based 

upon his service.

SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCHELL IN THE 

GRADE OF MAJOR GENERAL IN THE ARMY. 

(a) AUTHORITY.—The President, by and with the advice and 

consent of the Senate, may issue posthumously a commission as 

major general, United States Army, in the name of the late William 

Mitchell, formerly a colonel, United States Army, who resigned his 

commission on February 1, 1926. 

(b) DATE OF COMMISSION.—A commission issued under subsection (a) shall issue as of the date of the death of William Mitchell 

on February 19, 1936. 

(c) PROHIBITION OF BENEFITS.—No person is entitled to receive 

any bonus, gratuity, pay, allowance, or other financial benefit by 

reason of the enactment of this section.

Subtitle I—Military Voting

SEC. 566. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE MILITARY VOTERS LOCATED IN THE UNITED STATES. 

(a) DUTIES OF PRESIDENTIAL DESIGNEE.—Section 101(b)(3) of 

the Uniformed and Overseas Citizens Absentee Voting Act (42 

U.S.C. 1973ff(b)(3)) is amended by striking ‘‘overseas voters’’ and inserting ‘‘absent uniformed services voters and overseas voters’’. 

(b) STATE RESPONSIBILITIES.—Section 102(a)(3) of such Act (42 

U.S.C. 1973ff–1(a)(3)) is amended by striking ‘‘overseas voters’’ and 

inserting ‘‘absent uniformed services voters and overseas voters’’. 

(c) FEDERAL WRITE-IN ABSENTEE BALLOT.—Section 103 of such 

Act (42 U.S.C. 1973ff–2) is amended—

(1) in subsection (a), by striking ‘‘overseas voters’’ and inserting ‘‘absent uniformed services voters and overseas voters’’; 

(2) in subsection (b), by striking the second sentence and inserting the following new sentence: ‘‘A Federal write-in absentee 

ballot of an absent uniformed services voter or overseas voter 

shall not be counted—

110

‘‘(1) in the case of a ballot submitted by an overseas voter 

who is not an absent uniformed services voter, if the ballot is 

submitted from any location in the United States; 

‘‘(2) if the application of the absent uniformed services voter 

or overseas voter for a State absentee ballot is received by the 

appropriate State election official after the later of—

‘‘(A) the deadline of the State for receipt of such application; or 

‘‘(B) the date that is 30 days before the general election; 

or 

‘‘(3) if a State absentee ballot of the absent uniformed services voter or overseas voter is received by the appropriate State 

election official not later than the deadline for receipt of the 

State absentee ballot under State law.’’; 

(3) in subsection (c)(1), by striking ‘‘overseas voter’’ and inserting ‘‘absent uniformed services voter or overseas voter’’; 

(4) in subsection (d), by striking ‘‘overseas voter’’ both 

places it appears and inserting ‘‘absent uniformed services voter 

or overseas voter’’; and 

(5) in subsection (e)(2), by striking ‘‘overseas voters’’ and inserting ‘‘absent uniformed services voters and overseas voters’’. 

(d) CONFORMING AMENDMENTS.—(1) The heading of section 103 

of such Act is amended to read as follows: 

‘‘SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GENERAL ELECTIONS FOR FEDERAL OFFICE FOR ABSENT UNIFORMED 

SERVICES VOTERS AND OVERSEAS VOTERS.’’. 

(2) The subsection caption for subsection (d) of such section is 

amended by striking ‘‘OVERSEAS VOTER’’ and inserting ‘‘ABSENT

UNIFORMED SERVICES VOTER OR OVERSEAS VOTER’’.

SEC. 567. REPEAL OF REQUIREMENT TO CONDUCT ELECTRONIC VOTING DEMONSTRATION PROJECT FOR THE FEDERAL ELECTION TO BE HELD IN NOVEMBER 2004. 

The first sentence of section 1604(a)(2) of the National Defense 

Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 

Stat. 1277; 42 U.S.C. 1977ff note) is amended by striking ‘‘until the 

regularly scheduled general election for Federal office for November 

2004’’ and inserting the following: ‘‘until the first regularly scheduled general election for Federal office which occurs after the Election Assistance Commission notifies the Secretary that the Commission has established electronic absentee voting guidelines and certifies that it will assist the Secretary in carrying out the project’’.

SEC. 568. REPORTS ON OPERATION OF FEDERAL VOTING ASSISTANCE 

PROGRAM AND MILITARY POSTAL SYSTEM. 

(a) REPORTS ON PROGRAM AND SYSTEM.—(1) Not later than 60 

days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the actions that the Secretary has taken to ensure that the Federal Voting Assistance Program carried out under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) functions effectively to 

support absentee voting by members of the Armed Forces deployed 

outside the United States in support of Operation Iraqi Freedom, 

Operation Enduring Freedom, and all other contingency operations. 

(2) Not later than 60 days after the date of the submission of 

the report required by paragraph (1), the Secretary of Defense shall 

submit to Congress a report on the actions that the Secretary has 

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taken to ensure that the military postal system functions effectively 

to support the morale of members referred to in such paragraph and 

their ability to vote by absentee ballot. 

(b) REPORT ON IMPLEMENTATION OF POSTAL SYSTEM IMPROVEMENTS.—Not later than 90 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to Congress a report 

specifying—

(1) the actions taken to implement the recommendations of 

the Military Postal Service Agency Task Force, dated 28 August 

2000; and 

(2) in the case of each recommendation not implemented or 

not fully implemented as of the date of the submission of the 

report, the reasons for not implementing or not fully implementing the recommendation, as the case may be.

Subtitle J—Military Justice Matters

SEC. 571. REVIEW ON HOW SEXUAL OFFENSES ARE COVERED BY UNIFORM CODE OF MILITARY JUSTICE. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall review 

the Uniform Code of Military Justice and the Manual for CourtsMartial with the objective of determining what changes are required 

to improve the ability of the military justice system to address issues 

relating to sexual assault and to conform the Uniform Code of Military Justice and the Manual for Courts-Martial more closely to 

other Federal laws and regulations that address such issues. 

(b) REPORT.—Not later than March 1, 2005, the Secretary 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 the review carried out under subsection (a). The report shall 

include the recommendations of the Secretary for revisions to the 

Uniform Code of Military Justice and, for each such revision, the 

rationale behind that revision.

SEC. 572. WAIVER OF RECOUPMENT OF TIME LOST FOR CONFINEMENT 

IN CONNECTION WITH A TRIAL. 

Section 972 of title 10, United States Code, is amended by adding at the end the following new subsection: 

‘‘(c) WAIVER OF RECOUPMENT OF TIME LOST FOR CONFINEMENT.—The Secretary concerned shall waive liability for a period of 

confinement in connection with a trial under subsection (a)(3), or exclusion of a period of confinement in connection with a trial under 

subsection (b)(3), in a case upon the occurrence of any of the following events: 

‘‘(1) For each charge—

‘‘(A) the charge is dismissed before or during trial in 

a final disposition of the charge; or 

‘‘(B) the trial results in an acquittal of the charge. 

‘‘(2) For each charge resulting in a conviction in such 

trial—

‘‘(A) the conviction is set aside in a final disposition of 

such charge, other than in a grant of clemency; or 

‘‘(B) a judgment of acquittal or a dismissal is entered 

upon a reversal of the conviction on appeal.’’.

112

SEC. 573. PROCESSING OF FORENSIC EVIDENCE COLLECTION KITS 

AND ACQUISITION OF SUFFICIENT STOCKS OF SUCH KITS. 

(a) ELIMINATION OF BACKLOG, ETC.—The Secretary of Defense 

shall take such steps as may be necessary to ensure that—

(1) the United States Army Criminal Investigation Laboratory has the personnel and resources to effectively process forensic evidence used by the Department of Defense within 60 days 

of receipt by the laboratory of such evidence; 

(2) consistent policies are established among the Armed 

Forces to reduce the time period between the collection of forensic evidence and the receipt and processing of such evidence by 

United States Army Criminal Investigation Laboratory; and 

(3) there is an adequate supply of forensic evidence collection kits—

(A) for all United States military installations, including the military service academies; and 

(B) for units of the Armed Forces deployed in theaters 

of operation. 

(b) TRAINING.—The Secretary shall take such measures as the 

Secretary considers appropriate to ensure that personnel are appropriately trained—

(1) in the use of forensic evidence collection kits; and 

(2) in the prescribed procedures to ensure protection of the 

chain of custody of such kits once used.

SEC. 574. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL. 

(a) DEPARTMENT OF THE ARMY.—Section 3037 of title 10, 

United States Code, is amended—

(1) in subsection (a), by striking the second and third sentences and inserting ‘‘The term of office of the Judge Advocate 

General and the Assistant Judge Advocate General is four 

years.’’; and 

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

‘‘(e) No officer or employee of the Department of Defense may 

interfere with—

‘‘(1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Army or the Chief 

of Staff of the Army; or 

‘‘(2) the ability of judge advocates of the Army assigned or 

attached to, or performing duty with, military units to give 

independent legal advice to commanders.’’. 

(b) DEPARTMENT OF THE NAVY.—(1) Section 5148 of such title 

is amended by adding at the end the following new subsection: 

‘‘(e) No officer or employee of the Department of Defense may 

interfere with—

‘‘(1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Navy or the Chief 

of Naval Operations; or 

‘‘(2) the ability of judge advocates of the Navy assigned or 

attached to, or performing duty with, military units to give 

independent legal advice to commanders.’’. 

(2) Section 5046 of such title is amended by adding at the end 

the following new subsection: 

‘‘(c) No officer or employee of the Department of Defense may 

interfere with—

113

‘‘(1) the ability of the Staff Judge Advocate to the Commandant of the Marine Corps to give independent legal advice 

to the Commandant of the Marine Corps; or 

‘‘(2) the ability of judge advocates of the Marine Corps assigned or attached to, or performing duty with, military units 

to give independent legal advice to commanders.’’. 

(c) DEPARTMENT OF THE AIR FORCE.—Section 8037 of title 10, 

United States Code, is amended—

(1) in subsection (a), by striking ‘‘, but may be’’ in the second sentence and all that follows in that sentence through 

‘‘President’’; 

(2) in subsection (c)—

(A) by striking ‘‘shall’’ in the matter preceding paragraph (1); 

(B) by striking paragraph (2); 

(C) by redesignating paragraph (1) as paragraph (3) 

and in that paragraph—

(i) inserting ‘‘shall’’ before ‘‘receive,’’; and 

(ii) by striking ‘‘; and’’ at the end and inserting a 

period; and 

(D) by inserting before paragraph (3), as so redesignated, the following new paragraphs: 

‘‘(1) is the legal adviser of the Secretary of the Air Force 

and of all officers and agencies of the Department of the Air 

Force; 

‘‘(2) shall direct the officers of the Air Force designated as 

judge advocates in the performance of their duties; and’’; 

(3) in subsection (d)(1), by striking ‘‘, but may be’’ in the 

second sentence and all that follows in that sentence through 

‘‘President’’; and 

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

‘‘(f) No officer or employee of the Department of Defense may 

interfere with—

‘‘(1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Air Force or the 

Chief of Staff of the Air Force; or 

‘‘(2) the ability of officers of the Air Force who are designated as judge advocates who are assigned or attached to, or 

performing duty with, military units to give independent legal 

advice to commanders.’’. 

(d) INDEPENDENT REVIEW.—(1) The Secretary of Defense shall 

establish an independent panel of outside experts to conduct a study 

and review of the relationships between the legal elements of each 

of the military departments and to prepare a report setting forth the 

panel’s recommendations as to statutory, regulatory, and policy 

changes that the panel considers to be desirable to improve the effectiveness of those relationships and to enhance the legal support provided to the leadership of each military department and each of the 

Armed Forces. 

(2) The panel shall be composed of seven members, appointed 

by the Secretary of Defense from among private United States citizens who have substantial expertise in military law and the organization and functioning of the military departments. No more than 

one member of the panel may have served as the Judge Advocate 

General of an Armed Force, and no more than one member of the 

114

panel may have served as the General Counsel of a military department. 

(3) The Secretary of Defense shall designate the chairman of the 

panel from among the members of the panel other than a member 

who has served as a Judge Advocate General or as a military department General Counsel. 

(4) Members shall be appointed for the life of the panel. Any vacancy in the panel shall be filled in the same manner as the original 

appointment. 

(5) The panel shall meet at the call of the chairman. 

(6) All original appointments to the panel shall be made by 

January 15, 2005. The chairman shall convene the first meeting of 

the panel not later than February 1, 2005. 

(7) In carrying out the study and review required by paragraph 

(1), the panel shall—

(A) review the history of relationships between the uniformed and civilian legal elements of each of the Armed Forces; 

(B) analyze the division of duties and responsibilities between those elements in each of the Armed Forces; 

(C) review the situation with respect to civilian attorneys 

outside the offices of the service general counsels and their relationships to the Judge Advocates General and the General 

Counsels; 

(D) consider whether the ability of judge advocates to give 

independent, professional legal advice to their service staffs and 

to commanders at all levels in the field is adequately provided 

for by policy and law; and 

(E) consider whether the Judge Advocates General and 

General Counsels possess the necessary authority to exercise 

professional supervision over judge advocates, civilian attorneys, and other legal personnel practicing under their cognizance in the performance of their duties.

(8) Not later than April 15, 2005, the panel shall submit a report on the study and review required by paragraph (1) to the Secretary of Defense. The report shall include the findings and conclusions of the panel as a result of the study and review, together with 

any recommendations for legislative or administrative action that 

the panel considers appropriate. The Secretary of Defense shall 

transmit the report, together with any comments the Secretary wishes to provide, to the Committees on Armed Services of the Senate 

and House of Representatives not later than May 1, 2005. 

(9) In this section, the term ‘‘Armed Forces’’ does not include the 

Coast Guard. 

Subtitle K—Sexual Assault in the Armed Forces

SEC. 576. EXAMINATION OF SEXUAL ASSAULT IN THE ARMED FORCES 

BY THE DEFENSE TASK FORCE ESTABLISHED TO EXAMINE 

SEXUAL HARASSMENT AND VIOLENCE AT THE MILITARY 

SERVICE ACADEMIES. 

(a) EXTENSION OF TASK FORCE.—(1) The task force in the Department of Defense established by the Secretary of Defense pursuant to section 526 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1466) to examine 

matters relating to sexual harassment and violence at the United 

States Military Academy and United States Naval Academy shall 

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continue in existence for a period of at least 18 months after the 

date as of which the task force would otherwise be terminated pursuant to subsection (i) of that section. 

(2) Upon the completion of the functions of the task force referred to in paragraph (1) pursuant to section 526 of the National 

Defense Authorization Act for Fiscal Year 2004, the name of the 

task force shall be changed to the Defense Task Force on Sexual Assault in the Military Services, and the task force shall then carry 

out the functions specified in this section. The task force shall not 

begin to carry out the functions specified in this section until it has 

completed its functions under such section 526. 

(3) Before the task force extended under this subsection begins 

to carry out the functions specified in this section, the Secretary of 

Defense may, consistent with the qualifications required by section 

526(f) of Public Law 108–136, change the composition of the task 

force as the Secretary considers appropriate for the effective performance of such functions, except that—

(1) any change initiated by the Secretary in the membership 

of the task force under this paragraph may not take effect before 

the task force has completed its functions under section 526 of 

Public Law 108–136; and 

(2) the total number of members of the task force may not 

exceed 14. 

(b) EXAMINATION OF MATTERS RELATING TO SEXUAL ASSAULT

IN THE ARMED FORCES.—The task force shall conduct an examination of matters relating to sexual assault in cases in which members 

of the Armed Forces are either victims or commit acts of sexual assault. 

(c) RECOMMENDATIONS.—The Task Force shall include in its report under subsection (e) recommendations of ways by which civilian officials within the Department of Defense and leadership within the Armed Forces may more effectively address matters relating 

to sexual assault. That report shall include an assessment of, and 

recommendations (including any recommendations for changes in 

law) for measures to improve, with respect to sexual assault, the following: 

(1) Victim care and advocacy programs. 

(2) Effective prevention. 

(3) Collaboration among military investigative organizations with responsibility or jurisdiction. 

(4) Coordination and resource sharing between military 

and civilian communities, including local support organizations. 

(5) Reporting procedures, data collection, tracking of cases, 

and use of data on sexual assault by senior military and civilian leaders. 

(6) Oversight of sexual assault programs, including development of measures of the effectiveness of those programs in responding to victim needs. 

(7) Military justice issues. 

(8) Progress in developing means to investigate and prosecute assailants who are foreign nationals. 

(9) Adequacy of resources supporting sexual assault prevention and victim advocacy programs, particularly for deployed 

units and personnel. 

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(10) Training of military and civilian personnel responsible 

for implementation of sexual assault policies. 

(11) Programs and policies, including those related to confidentiality, designed to encourage victims to seek services and 

report offenses. 

(12) Other issues identified by the task force relating to sexual assault. 

(d) METHODOLOGY.—In carrying out its examination under subsection (b) and in formulating its recommendations under subsection (c), the task force shall consider the findings and recommendations of previous reviews and investigations of sexual assault conducted by the Department of Defense and the Armed 

Forces. 

(e) REPORT.—(1) Not later than one year after the initiation of 

its examination under subsection (b), the task force shall submit to 

the Secretary of Defense and the Secretaries of the Army, Navy, and 

Air Force a report on the activities of the task force and on the activities of the Department of Defense and the Armed Forces to respond to sexual assault. 

(2) The report shall include the following: 

(A) A description of any barrier to implementation of improvements as a result of previous efforts to address sexual assault. 

(B) Other areas of concern not previously addressed in 

prior reports. 

(C) The findings and conclusions of the task force. 

(D) Any recommendations for changes to policy and law 

that the task force considers appropriate. 

(3) Within 90 days after receipt of the report under paragraph 

(1), the Secretary of Defense shall submit the report, together with 

the Secretary’s evaluation of the report, to the Committees on Armed 

Services of the Senate and House of Representatives. 

(f) TERMINATION.—The task force shall terminate 90 days after 

the date on which the report of the task force is submitted to the 

Committees on Armed Services of the Senate and House of Representatives pursuant to subsection (e)(3).

SEC. 577. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON 

PREVENTION AND RESPONSE TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES. 

(a) COMPREHENSIVE POLICY ON PREVENTION AND RESPONSE TO

SEXUAL ASSAULTS.—(1) Not later than January 1, 2005, the Secretary of Defense shall develop a comprehensive policy for the Department of Defense on the prevention of and response to sexual assaults involving members of the Armed Forces. 

(2) The policy shall be based on the recommendations of the Department of Defense Task Force on Care for Victims of Sexual Assaults and on such other matters as the Secretary considers appropriate. 

(3) Before developing the comprehensive policy required by 

paragraph (1), the Secretary of Defense shall develop a definition of 

sexual assault. The definition so developed shall be used in the comprehensive policy under paragraph (1) and otherwise within the Department of Defense and Coast Guard in matters involving members 

of the Armed Forces. The definition shall be uniform for all the 

Armed Forces and shall be developed in consultation with the SecreVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00142 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
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taries of the military departments and the Secretary of Homeland 

Security with respect to the Coast Guard. 

(b) ELEMENTS OF COMPREHENSIVE POLICY.—The comprehensive 

policy developed under subsection (a) shall, at a minimum, address 

the following matters: 

(1) Prevention measures. 

(2) Education and training on prevention and response. 

(3) Investigation of complaints by command and law enforcement personnel. 

(4) Medical treatment of victims. 

(5) Confidential reporting of incidents. 

(6) Victim advocacy and intervention. 

(7) Oversight by commanders of administrative and disciplinary actions in response to substantiated incidents of sexual assault. 

(8) Disposition of victims of sexual assault, including review by appropriate authority of administrative separation actions involving victims of sexual assault. 

(9) Disposition of members of the Armed Forces accused of 

sexual assault. 

(10) Liaison and collaboration with civilian agencies on the 

provision of services to victims of sexual assault. 

(11) Uniform collection of data on the incidence of sexual 

assaults and on disciplinary actions taken in substantiated 

cases of sexual assault. 

(c) REPORT ON IMPROVEMENT OF CAPABILITY TO RESPOND TO

SEXUAL ASSAULTS.—Not later than March 1, 2005, the Secretary of 

Defense shall submit to Congress a proposal for such legislation as 

the Secretary considers necessary to enhance the capability of the 

Department of Defense to address matters relating to sexual assaults involving members of the Armed Forces. 

(d) APPLICATION OF COMPREHENSIVE POLICY TO MILITARY DEPARTMENTS.—The Secretary of Defense shall ensure that, to the 

maximum extent practicable, the policy developed under subsection 

(a) is implemented uniformly by the military departments. 

(e) POLICIES AND PROCEDURES OF MILITARY DEPARTMENTS.—

(1) Not later than March 1, 2005, the Secretaries of the military departments shall prescribe regulations, or modify current regulations, 

on the policies and procedures of the military departments on the 

prevention of and response to sexual assaults involving members of 

the Armed Forces in order—

(A) to conform such policies and procedures to the policy 

developed under subsection (a); and 

(B) to ensure that such policies and procedures include the 

elements specified in paragraph (2). 

(2) The elements specified in this paragraph are as follows: 

(A) A program to promote awareness of the incidence of sexual assaults involving members of the Armed Forces. 

(B) A program to provide victim advocacy and intervention 

for members of the Armed Force concerned who are victims of 

sexual assault, which program shall make available, at home 

stations and in deployed locations, trained advocates who are 

readily available to intervene on behalf of such victims. 

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(C) Procedures for members of the Armed Force concerned 

to follow in the case of an incident of sexual assault involving 

a member of such Armed Force, including—

(i) specification of the person or persons to whom the 

alleged offense should be reported; 

(ii) specification of any other person whom the victim 

should contact; 

(iii) procedures for the preservation of evidence; and 

(iv) procedures for confidential reporting and for contacting victim advocates. 

(D) Procedures for disciplinary action in cases of sexual assault by members of the Armed Force concerned. 

(E) Other sanctions authorized to be imposed in substantiated cases of sexual assault, whether forcible or nonforcible, by 

members of the Armed Force concerned. 

(F) Training on the policies and procedures for all members 

of the Armed Force concerned, including specific training for 

members of the Armed Force concerned who process allegations 

of sexual assault against members of such Armed Force. 

(G) Any other matters that the Secretary of Defense considers appropriate. 

(f) ANNUAL REPORT ON SEXUAL ASSAULTS.—(1) Not later than 

January 15 of each year, the Secretary of each military department 

shall submit to the Secretary of Defense a report on the sexual assaults involving members of the Armed Forces under the jurisdiction of that Secretary during the preceding year. In the case of the 

Secretary of the Navy, separate reports shall be prepared for the 

Navy and for the Marine Corps.

(2) Each report on an Armed Force under paragraph (1) shall 

contain the following: 

(A) The number of sexual assaults against members of the 

Armed Force, and the number of sexual assaults by members of 

the Armed Force, that were reported to military officials during 

the year covered by such report, and the number of the cases so 

reported that were substantiated. 

(B) A synopsis of, and the disciplinary action taken in, each 

substantiated case. 

(C) The policies, procedures, and processes implemented by 

the Secretary concerned during the year covered by such report 

in response to incidents of sexual assault involving members of 

the Armed Force concerned. 

(D) A plan for the actions that are to be taken in the year 

following the year covered by such report on the prevention of 

and response to sexual assault involving members of the Armed 

Forces concerned. 

(3) Each report under paragraph (1) for any year after 2005 

shall include an assessment by the Secretary of the military department submitting the report of the implementation during the preceding fiscal year of the policies and procedures of such department 

on the prevention of and response to sexual assaults involving members of the Armed Forces in order to determine the effectiveness of 

such policies and procedures during such fiscal year in providing 

an appropriate response to such sexual assaults. 

(4) The Secretary of Defense shall submit to the Committees on 

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port submitted to the Secretary under this subsection, together with 

the comments of the Secretary on the report. The Secretary shall 

submit each such report not later than March 15 of the year following the year covered by the report. 

(5) For the report under this subsection covering 2004, the applicable date under paragraph (1) is April 1, 2005, and the applicable date under paragraph (4) is May 1, 2005.

Subtitle L—Management and Administrative Matters

SEC. 581. THREE-YEAR EXTENSION OF LIMITATION ON REDUCTIONS 

OF PERSONNEL OF AGENCIES RESPONSIBLE FOR REVIEW 

AND CORRECTION OF MILITARY RECORDS. 

Section 1559(a) of title 10, United States Code, is amended by 

striking ‘‘During fiscal years 2003, 2004, and 2005,’’ and inserting 

‘‘Before October 1, 2008,’’.

SEC. 582. STAFFING FOR DEFENSE PRISONER OF WAR/MISSING PERSONNEL OFFICE (DPMO). 

(a) REPORT WHEN STAFFING IS BELOW PRESCRIBED LEVEL.—

Subparagraph (B) of section 1501(a)(5) of title 10, United States 

Code, is amended—

(1) by inserting ‘‘(i)’’ after ‘‘(B)’’; 

(2) by inserting ‘‘, whether temporary or permanent,’’ after 

‘‘civilian personnel’’; and 

(3) by adding at the end the following: 

‘‘(ii) If for any reason the number of military and civilian personnel assigned or detailed to the office should fall below the required level under clause (i), the Secretary of Defense shall promptly 

notify the Committees on Armed Services of the Senate and House 

of Representatives of the number of personnel so assigned or detailed and of the Secretary’s plan to restore the staffing level of the 

office to at least the required minimum number under clause (i). 

The Secretary shall publish such notice and plan in the Federal 

Register.’’. 

(b) GAO STUDY.—Not later than 180 days after the date of the 

enactment of this Act, the Comptroller General shall submit to the 

Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives a report providing 

an assessment of staffing and funding levels for the Defense Prisoner of War/Missing Personnel Office. The report shall include—

(1) a description of changes, over the period from the inception of the office to the time of the submission of the report, in 

the missions and mission requirements of the office, together 

with a comparison of personnel and funding requirements of 

the office over that period with actual manning and funding 

levels over that period; and 

(2) the Comptroller General’s assessment of the adequacy of 

current manning and funding levels for that office in light of 

current mission requirements.

SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPENDENTS AGE 75 

AND OLDER. 

(a) IN GENERAL.—(1) Chapter 53 of title 10, United States Code, 

is amended by adding at the end the following new section: 

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‘‘§ 1060b. Military ID cards: dependents and survivors of retirees; issuance of permanent ID card after attaining 75 years of age 

‘‘(a) PERMANENT ID CARD AFTER AGE 75.—In issuing military 

ID cards to retiree dependents, the Secretary concerned shall issue 

a permanent ID card (not subject to renewal) to any such retiree dependent who has attained 75 years of age. Such a permanent ID 

card shall be issued upon the expiration, after the retiree dependent 

attains 75 years of age, of any earlier, renewable military ID card 

or, if earlier, upon the request of such a retiree dependent after attaining age 75. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘military ID card’ means a card or other form 

of identification used for purposes of demonstrating eligibility 

for any benefit from the Department of Defense. 

‘‘(2) The term ‘retiree dependent’ means a person who is a 

dependent of a retired member of the uniformed services, or a 

survivor of a deceased retired member of the uniformed services, 

who is eligible for any benefit from the Department of Defense.’’. 

(2) The table of sections at the beginning of such chapter is 

amended by adding at the end the following new item:

‘‘1060b. Military ID cards: dependents and survivors of retirees; issuance of permanent ID card after attaining 75 years of age.’’.

(b) EFFECTIVE DATE.—Section 1060b of title 10, United States 

Code, as added by subsection (a), shall take effect on October 1, 

2004.

SEC. 584. AUTHORITY TO FURNISH CIVILIAN CLOTHING TO MEMBERS 

TRAVELING IN CONNECTION WITH MEDICAL EVACUATION. 

(a) AUTHORITY.—Section 1047 of title 10, United States Code, 

is amended—

(1) by inserting ‘‘(b) CERTAIN ENLISTED MEMBERS.—’’ before 

‘‘The Secretary’’; and 

(2) by inserting after the section heading the following: 

‘‘(a) MEMBERS TRAVELING IN CONNECTION WITH MEDICAL

EVACUATION.—The Secretary of the military department concerned 

may furnish civilian clothing to a member at a cost not to exceed 

$250, or reimburse a member for the purchase of civilian clothing 

in an amount not to exceed $250, in the case of a member who—

‘‘(1) is medically evacuated for treatment in a medical facility by reason of an illness or injury incurred or aggravated 

while on active duty; or 

‘‘(2) after being medically evacuated as described in paragraph (1), is in an authorized travel status from a medical facility to another location approved by the Secretary.’’.

(b) EFFECTIVE DATE.—Subsection (a) of section 1047 of title 10, 

United States Code, as added by subsection (a), shall take effect as 

of October 1, 2004, and (subject to subsection (c)) shall apply with 

respect to clothing furnished, and reimbursement for clothing purchased, on or after that date. 

(c) RETROACTIVE APPLICATION.—With respect to the period beginning on October 1, 2004, and ending on the date of the enactment of this Act, the Secretary of Defense shall provide for subsection (a) of section 1047 of title 10, United States Code, as added 

by subsection (a), to be applied as a continuation of the authority 

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provided in section 1319 of the Emergency Wartime Supplemental 

Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 571), as 

continued in effect during fiscal year 2004 by section 1103 of the 

Emergency Supplemental Appropriations Act for Defense and for the 

Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–106; 

117 Stat. 1214).

SEC. 585. AUTHORITY TO ACCEPT DONATION OF FREQUENT TRAVELER 

MILES, CREDITS, AND TICKETS TO FACILITATE REST AND 

RECUPERATION TRAVEL OF DEPLOYED MEMBERS OF THE 

ARMED FORCES AND THEIR FAMILIES. 

(a) OPERATION HERO MILES.—(1) Chapter 155 of title 10, 

United States Code, is amended by adding at the end the following 

new section:

‘‘§ 2613. Acceptance of frequent traveler miles, credits, and 

tickets; use to facilitate rest and recuperation travel of deployed members and their families 

‘‘(a) AUTHORITY TO ACCEPT DONATION OF TRAVEL BENEFITS.—

Subject to subsection (c), the Secretary of Defense may accept from 

any person or government agency the donation of travel benefits for 

the purposes of use under subsection (d). 

‘‘(b) TRAVEL BENEFIT DEFINED.—In the section, the term ‘travel 

benefit’ means frequent traveler miles, credits for tickets, or tickets 

for air or surface transportation issued by an air carrier or a surface carrier, respectively, that serves the public. 

‘‘(c) CONDITION ON AUTHORITY TO ACCEPT DONATION.—The 

Secretary may accept a donation of a travel benefit under this section only if the air or surface carrier that is the source of the benefit 

consents to such donation. Any such donation shall be under such 

terms and conditions as the surface carrier may specify, and the 

travel benefit so donated may be used only in accordance with the 

rules established by the carrier. 

‘‘(d) USE OF DONATED TRAVEL BENEFITS.—A travel benefit accepted under this section may be used only for the purpose of—

‘‘(1) facilitating the travel of a member of the armed forces 

who—

‘‘(A) is deployed on active duty outside the United 

States away from the permanent duty station of the member in support of a contingency operation; and 

‘‘(B) is granted, during such deployment, rest and recuperative leave, emergency leave, convalescent leave, or another form of leave authorized for the member; or 

‘‘(2) in the case of a member of the Armed Forces 

recuperating from an injury or illness incurred or aggravated 

in the line of duty during such a deployment, facilitating the 

travel of family members of the member in order to be reunited 

with the member. 

‘‘(e) ADMINISTRATION.—(1) The Secretary shall designate a single office in the Department of Defense to carry out this section. 

That office shall develop rules and procedures to facilitate the acceptance and distribution of travel benefits under this section. 

‘‘(2) For the use of travel benefits under subsection (d)(2) by 

family members of a member of the Armed Forces, the Secretary 

may, as the Secretary determines appropriate, limit—

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‘‘(A) eligibility to family members who, by reason of affinity, 

degree of consanguinity, or otherwise, are sufficiently close in 

relationship to the member of the Armed Forces to justify the 

travel assistance; 

‘‘(B) the number of family members who may travel; and 

‘‘(C) the number of trips that family members may take. 

‘‘(3) The Secretary of Defense may, in an exceptional case, authorize a person not described in subsection (d)(2) to use a travel 

benefit accepted under this subsection to visit a member of the 

Armed Forces described in subsection (d)(1) if that person has a notably close relationship with the member. The travel benefit may be 

used by such person only in accordance with such conditions and 

restrictions as the Secretary determines appropriate and the rules 

established by the air carrier or surface carrier that is the source 

of the travel benefit. 

‘‘(f) SERVICES OF NONPROFIT ORGANIZATION.—The Secretary of 

Defense may enter into an agreement with a nonprofit organization 

to use the services of the organization—

‘‘(1) to promote the donation of travel benefits under this 

section, except that amounts appropriated to the Department of 

Defense may not be expended for this purpose; and 

‘‘(2) to assist in administering the collection, distribution, 

and use of travel benefits under this section.

‘‘(g) FAMILY MEMBER DEFINED.—In this section, the term ‘family member’ has the meaning given that term in section 411h(b)(1) 

of title 37.’’.

(2) The table of sections at the beginning of such chapter is 

amended by adding at the end the following new item:

‘‘2613. Acceptance of frequent traveler miles, credits, and tickets; use to facilitate rest 

and recuperation travel of deployed members and their families.’’.

(b) TAX TREATMENT OF TRAVEL BENEFITS DONATED FOR OPERATION HERO MILES.—

(1) EXCLUSION FROM GROSS INCOME.—Subsection (b) of section 134 of the Internal Revenue Code of 1986 (defining qualified military benefit) is amended by adding at the end the following new paragraph: 

‘‘(5) TRAVEL BENEFITS UNDER OPERATION HERO MILES.—The 

term ‘qualified military benefit’ includes a travel benefit provided under section 2613 of title 10, United States Code (as in 

effect on the date of the enactment of this paragraph).’’. 

(2) CONFORMING AMENDMENTS.—

(A) Section 134(b)(3)(A) of such Code is amended by 

striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4) and 

(5)’’. 

(B) Section 3121(a)(18) of such Code is amended by 

striking ‘‘or 134(b)(4)’’ and inserting ‘‘134(b)(4), or 

134(b)(5)’’. 

(C) Section 3306(b)(13) of such Code is amended by 

striking ‘‘or 134(b)(4)’’ and inserting ‘‘134(b)(4), or 

134(b)(5)’’. 

(D) Section 3401(a)(18) of such Code is amended by 

striking ‘‘or 134(b)(4)’’ and inserting ‘‘134(b)(4), or 

134(b)(5)’’. 

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(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to travel benefits provided after the date of 

the enactment of this Act.

SEC. 586. ANNUAL REPORT IDENTIFYING REASONS FOR DISCHARGES 

FROM THE ARMED FORCES DURING PRECEDING FISCAL 

YEAR. 

(a) REPORT REQUIRED.—Not later than March 1 each year 

through 2011, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives 

a report on discharges from the Army, Navy, Air Force, and Marine 

Corps during the preceding fiscal year. 

(b) MATTERS TO BE INCLUDED.—Each such report shall show, 

in the aggregate and for each of those Armed Forces, the following: 

(1) The total number of persons discharged during the preceding fiscal year. 

(2) For each separation code, and for each reenlistment eligibility code, used by the Armed Forces, the number of those 

discharged persons assigned that code. 

(3) For the persons assigned each such separation code, 

classification of discharges by age, by sex, by race, by military 

rank or grade, by time in service, by unit (shown at the small 

unit level), by military occupational specialty (or the equivalent), and by reenlistment eligibility code. 

(c) USE OF GENERIC SEPARATION CODES.—In preparing the reports under this section, the Secretary shall use a generic interservice separation code that provides similar, and consistent, data 

across the services.

SEC. 587. STUDY OF BLENDED WING CONCEPT FOR THE AIR FORCE. 

(a) STUDY REQUIRED.—Not later than March 1, 2005, the Secretary of the Air Force shall submit to Congress a report on the 

blended wing concept for the Air Force. The report shall include the 

Secretary’s findings as to the characteristics and locations that are 

considered favorable for a blended wing, a description of the manner in which current blended wings are functioning, and a statement of the current and future plans of the Air Force to implement 

the blended wing concept. 

(b) SELECTION CRITERIA.—The report shall include a description of the criteria and attributes that the Secretary requires when 

choosing units to become blended wings.

SEC. 588. SENSE OF CONGRESS REGARDING RETURN OF MEMBERS TO 

ACTIVE DUTY SERVICE UPON REHABILITATION FROM 

SERVICE-RELATED INJURIES. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The generation of young people currently serving on active duty in the Armed Forces, which history will record as 

being among the greatest, has shown in remarkable numbers an 

individual resolve to recover from injuries incurred in such 

service and to return to active service in the Armed Forces. 

(2) Since September 11, 2001, numerous brave soldiers, 

sailors, airmen, and Marines have incurred serious combat injuries, including (as of June 2004) approximately 100 members 

of the Armed Forces who have been fitted with artificial limbs 

as a result of devastating injuries sustained in combat overseas. 

(3) In cases involving combat-related injuries and other 

service-related injuries, it is possible, as a result of advances in 

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technology and extensive rehabilitative services, to restore to 

members of the Armed Forces sustaining such injuries the capability to resume the performance of active military service, including, in a few cases, the capability to participate directly in 

the performance of combat missions. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) a member of the Armed Forces who on the member’s 

own initiative is highly motivated to return to active duty service following rehabilitation from injuries incurred in service in 

the Armed Forces should, after appropriate medical review and 

physical disability evaluation, be given the opportunity to 

present the member’s case for continuing to serve on active duty 

in varied military capacities; 

(2) other than appropriate medical review and physical disability evaluation, there should be no barrier in policy or law 

to such a member having the option to return to military service 

on active duty; and 

(3) the Secretary of Defense should develop specific protocols that include options for such members to return to active 

duty service and to be retrained to perform military missions 

for which they are fully capable. 

Subtitle M—Other Matters

SEC. 591. PROTECTION OF ARMED FORCES PERSONNEL FROM RETALIATORY ACTIONS FOR COMMUNICATIONS MADE THROUGH 

THE CHAIN OF COMMAND. 

(a) PROTECTED COMMUNICATIONS.—Section 1034(b)(1)(B) of 

title 10, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of clause (iii)’’; and 

(2) by striking clause (iv) and inserting the following: 

‘‘(iv) any person or organization in the chain of command; or 

‘‘(v) any other person or organization designated pursuant to regulations or other established administrative procedures for such communications.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

apply with respect to any unfavorable personnel action taken or 

threatened, and any withholding of or threat to withhold a favorable personnel action, on or after the date of the enactment of this 

Act.

SEC. 592. IMPLEMENTATION PLAN FOR ACCESSION OF PERSONS WITH 

SPECIALIZED SKILLS. 

(a) PLAN FOR ACCESSION OF PERSONS WITH SPECIALIZED

SKILLS.—(1) Not later than 180 days after the date of the enactment 

of this Act, the Secretary of Defense shall submit to Congress a plan 

for implementation of authority, if subsequently provided by law, to 

allow for accession into the Armed Forces, on a special or lateralentry basis, of persons with specialized skills, for duty involving the 

use of such skills. 

(2) The plan under paragraph (1) shall address matters such 

as projected numbers of enlistments and appointments, initial rank 

or grade, projected enlistment and re-enlistment bonuses and pays, 

projected length of service obligation (if any), minimum time of active duty requirements, the potential effect the use of such authority 

would have on other special or lateral-entry programs (such as those 

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applicable to physicians), and such other matters as the Secretary 

considers appropriate. 

(3) The Secretary shall include with the plan submitted under 

paragraph (1) a comparison of that plan with an alternative for 

meeting the specialized skills required by the Armed Forces through 

the use of civilian contractor personnel. 

(b) CIVILIAN SKILLS CORPS FEASIBILITY STUDY.—(1) The Secretary of Defense shall conduct a feasibility study of how to implement a system that would make civilian volunteers, with skills determined by the Secretary to be critical, rapidly available for use in, 

or in support of, units of the Armed Forces on a temporary basis 

to meet no-notice, or short-notice, operational requirements. In conducting the study, the Secretary shall examine a range of options, 

including—

(A) a system that would embed on short notice in military 

units civilian volunteers who were not part of the military, but 

who possessed highly required skills that were in short supply 

in the Armed Forces; and 

(B) a system to provide for the accession into the active or 

reserve components of persons with critical skills required by 

the Armed Forces for whom the Secretary could prescribe varying lengths of service and training requirements. 

(2) The Secretary 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 the results of the study under 

paragraph (1) not later than March 31, 2005.

SEC. 593. ENHANCED SCREENING METHODS AND PROCESS IMPROVEMENTS FOR RECRUITMENT OF HOME SCHOOLED AND NATIONAL GUARD CHALLENGE PROGRAM GED RECIPIENTS. 

(a) ENHANCED SCREENING METHODS AND PROCESS IMPROVE- MENTS.—(1) The Secretary of the Army shall carry out an initiative—

(A) to develop screening methods and process improvements 

for recruiting specified GED recipients so as to achieve attrition 

patterns, among the GED recipients so recruited, that match attrition patterns for Army recruits who are high school diploma 

graduates; and 

(B) subject to subsection (b), to implement such screening 

methods and process improvements on a test basis. 

(2) For purposes of this section, the term ‘‘specified GED recipients’’ means persons who receive a General Educational Development (GED) certificate as a result of home schooling or the completion of a program under the National Guard Challenge program. 

(b) SECRETARY OF DEFENSE REVIEW.—Before the screening 

methods and process improvements developed under subsection 

(a)(1) are put into effect under subsection (a)(2), the Secretary of Defense shall review the proposed screening methods and process improvements. Based on such review, the Secretary of Defense either 

shall approve the use of such screening methods and process improvements for testing (with such modifications as the Secretary 

may direct) or shall disapprove the use of such methods and process 

improvements on a test basis. 

(c) SECRETARY OF DEFENSE DECISION.—If the Secretary of Defense determines under subsection (b) that the screening methods 

and process improvements developed under subsection (a)(1) should 

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be implemented on a test basis, then upon completion of the test period, the Secretary of Defense shall, after reviewing the results of the 

test program, determine whether the new screening methods and 

process improvements developed by the Army should be extended 

throughout the Department for recruit candidates identified by the 

new procedures to be considered tier 1 recruits. 

(d) REPORTS.—(1) If the Secretary of Defense determines under 

subsection (b) that the screening methods and process improvements 

developed under subsection (a)(1) should not be implemented on a 

test basis, the Secretary of Defense shall, not later than 90 days 

thereafter, notify the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives of such determination, together with the reasons of the Secretary for such determination.

(2) If the Secretary of Defense determines under subsection (b) 

that the screening methods and process improvements developed 

under subsection (a)(1) should be implemented on a test basis, the 

Secretary of the Army shall submit to the committees specified in 

paragraph (1) a report on the results of the testing. The report shall 

be submitted not later than March 31, 2009, except that if the Secretary of Defense directs an earlier termination of the testing initiative, the Secretary of the Army shall submit the report under this 

paragraph not later than 180 days after such termination. Such report shall include the determination of the Secretary of Defense 

under subsection (c). If that determination is that the methods and 

processes tested should not be extended to the other services, the report shall include the Secretary’s rationale for not recommending 

such extension.

SEC. 594. REDESIGNATION OF NATIONAL GUARD CHALLENGE PROGRAM AS NATIONAL GUARD YOUTH CHALLENGE PROGRAM. 

(a) REDESIGNATION.—Section 509 of title 32, United States 

Code, is amended—

(1) in subsection (a)—

(A) by striking ‘‘National Guard Challenge Program’’ 

the first place it appears and inserting ‘‘National Guard 

Youth Challenge Program’’; and 

(B) by striking ‘‘National Guard Challenge Program’’ 

the second place it appears and inserting ‘‘Program’’; 

(2) by striking ‘‘National Guard Challenge Program’’ each 

place it appears in subsections (b) through (k) and subsection 

(m) and inserting ‘‘Program’’; 

(3) by striking ‘‘program’’ each place it appears in subsections (b), (g), (i)(2)(A), (j), (k), and (m) and inserting ‘‘Program’’; and 

(4) in subsection (l), by adding at the end the following new 

paragraph: 

‘‘(3) The term ‘Program’ means the National Guard Youth 

Challenge Program carried out pursuant to this section.’’. 

(b) CLERICAL AMENDMENTS.—(1) The heading of such section is 

amended to read as follows: 

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‘‘§ 509. National Guard Youth Challenge Program of opportunities for civilian youth’’. 

(2) The table of sections at the beginning of chapter 5 of such 

title is amended by striking the item relating to section 509 and inserting the following new item:

‘‘509. National Guard Youth Challenge Program of opportunities for civilian youth.’’.

SEC. 595. REPORTS ON CERTAIN MILESTONES RELATING TO DEPARTMENT OF DEFENSE TRANSFORMATION. 

(a) MILITARY-TO-CIVILIAN CONVERSIONS.—Not later than January 31, 2005, 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 providing information 

as to the number of positions in the Department of Defense that 

were converted during fiscal year 2004 from performance by military personnel to performance by civilian personnel of the Department of Defense or contractor personnel. The report shall include the 

following: 

(1) A description of the skill sets of the military positions 

converted. 

(2) Specification of the total cost of the conversions and how 

that cost is being met. 

(3) The number of positions in the Department of Defense 

projected for such conversion during the period from March 1, 

2005, through January 31, 2006. 

(b) MILITARY-TO-MILITARY CONVERSIONS.—Not later than 

March 31 of each of 2005, 2006, and 2007, 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—

(1) the number of units, by type, converted from one primary military capability to another during the previous fiscal 

year and, for each such unit, what the new unit designation 

and new military capabilities are; 

(2) the number of military personnel, by military skill, who 

have converted during the previous fiscal year from one primary military skill to another, with a listing of the military 

skills to which the individuals converted; 

(3) a description of the military unit and military personnel 

conversions planned for the upcoming fiscal year; and 

(4) a statement of whether the overall unit and military 

personnel conversions planned for the previous fiscal year were 

met, and for each such planned conversion, the reasons why the 

planned conversion was or was not met. 

(c) ARMY TRANSFORMATION TO BRIGADE STRUCTURE.—The Secretary of the Army shall submit to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the House 

of Representatives an annual report on the status of the internal 

transformation of the Army from a division-orientated force to a brigade-orientated force. Such report shall be submitted not later than 

March 31 of each year, except that the requirement to submit such 

annual report shall terminate when the Secretary of the Army submits to those committees the Secretary’s certification that the transformation of the Army to a brigade-orientated force has been completed. Upon the submission of such certification, the Secretary 

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shall publish in the Federal Register notice of that certification and 

that the statutory requirement to submit an annual report under 

this subsection has terminated. 

SEC. 596. REPORT ON ISSUES RELATING TO REMOVAL OF REMAINS OF 

PERSONS INTERRED IN UNITED STATES MILITARY CEMETERIES OVERSEAS. 

(a) STUDY.—The Secretary of the Army shall examine the issues 

relating to requests for disinterment of remains of persons buried in 

United States overseas military cemeteries. The examination shall 

include the following: 

(1) A review of the historical facts involved in establishing 

the United States overseas military cemeteries and in determining the criteria for interment in those cemeteries. 

(2) An examination of the processes for ensuring that the 

initial disposition decision with respect to the remains of any 

decedent was carried out, together with a review and explanation of the existing policy and procedures regarding request 

for disinterment and any exceptions that have been made. 

(3) An analysis of the potential reasons for justifying disinterment of remains from those cemeteries, including error, 

misunderstanding, and change of decision by the original responsible next of kin or other family member or group of family 

members. 

(4) An analysis of the potential impact on the operation of 

United States overseas military cemeteries of permitting disinterment of remains from those cemeteries 

(b) REPORT.—Not later than September 30, 2005, the Secretary 

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 the results of the examination under subsection (a). The 

report shall include the following: 

(1) The matters specified in paragraphs (1), (2), (3), and (4) 

of subsection (a). 

(2) A description of the changes to policy criteria and procedures that would be necessary to support a system for requesting and authorizing disinterment of such remains. 

(3) The recommendations of the Secretary of the Army and 

the American Battle Monuments Commission for changing current policy and procedures with respect to such disinterments. 

(c) CONSULTATION WITH ABMC.—The Secretary shall carry out 

the examination under subsection (a) and prepare the report under 

subsection (b) in consultation with the American Battle Monuments 

Commission. 

(d) ABMC ASSISTANCE.—The American Battle Monuments 

Commission shall provide the Secretary of the Army such assistance 

as the Secretary may require in carrying out this section. 

(e) DEFINITIONS.—For purposes of this section: 

(1) The term ‘‘United States overseas military cemetery’’ 

means a cemetery located in a foreign country that is administered by the Secretary of a military department or the American 

Battle Monuments Commission. 

(2) The term ‘‘initial disposition decision’’, with respect to 

the remains of a person who died outside the United States and 

was interred in a United States overseas military cemetery, 

means a decision by a family member (or other designated perVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00154 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
129

son) as to the disposition (in accordance with laws and regulations in effect at the time) of the remains of the deceased person, 

such decision being to have the remains interred in a United 

States overseas military cemetery (rather than to have those remains transported to the United States for interment or other 

disposition in the United States).

SEC. 597. COMPTROLLER GENERAL REPORTS ON CLOSURE OF DEPARTMENT OF DEFENSE DEPENDENT ELEMENTARY AND 

SECONDARY SCHOOLS AND COMMISSARY STORES. 

(a) REPORT ON DEFENSE DEPENDENT SCHOOLS.—The Comptroller General shall prepare a report containing—

(1) an assessment by the Comptroller General of the policy 

of the Department of Defense, and the criteria utilized by the 

Department, regarding the closure of Department of Defense dependent elementary and secondary schools, including whether 

or not such policy and criteria are consistent with Department 

policies and procedures on the preservation of the quality of life 

of members of the Armed Forces and their dependents; and 

(2) an assessment by the Comptroller General of any current or on-going studies or assessments of the Department with 

respect to any of the schools. 

(b) REPORT ON COMMISSARY STORES.—The Comptroller General 

shall prepare a report containing—

(1) an assessment by the Comptroller General of the policy 

of the Department of Defense, and the criteria utilized by the 

Department, regarding the closure of commissary stores, including whether or not such policy and criteria are consistent with 

Department policies and procedures on the preservation of the 

quality of life of members of the Armed Forces and their dependents; and 

(2) an assessment by the Comptroller General of any current or on-going studies or assessments of the Department with 

respect to any of the commissary stores. 

(c) SUBMISSION OF REPORTS.—The Comptroller General shall 

submit the reports required by this section to the Committee on 

Armed Services of the Senate and the Committee on Armed Services 

of the House of Representatives not later than 180 days after the 

date of the enactment of this Act.

SEC. 598. COMPTROLLER GENERAL REPORT ON TRANSITION ASSISTANCE PROGRAMS FOR MEMBERS SEPARATING FROM THE 

ARMED FORCES. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General shall submit 

to Congress a report evaluating the programs of the Department of 

Defense and other Federal agencies under which transition assistance is provided to members of the Armed Forces who are separating from active duty service. 

(b) ELEMENTS OF REPORT.—(1) With regard to the transition 

assistance programs under section 1142 and 1144 of title 10, United 

States Code, the report required by subsection (a) shall include—

(A) an analysis of the extent to which such programs are 

meeting the current needs of members of the Armed Forces as 

they are discharged or released from active duty; 

(B) a discussion of the original purposes of the programs; 

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(C) a discussion of how the programs are currently being 

administered in relationship to those purposes; 

(D) an assessment of whether the programs are adequate to 

meet the current needs of members of the reserve components; 

and 

(E) such recommendations as the Comptroller General considers appropriate for improving such programs, including any 

recommendation regarding whether participation by members 

of the Armed Forces in such programs should be required.

(2) The report shall include an analysis of any differences 

among the Armed Forces and among the commands of military installations of the Armed Forces regarding how transition assistance 

is being provided under the transition assistance programs and 

such recommendations as the Comptroller General considers appropriate—

(A) to achieve uniformity in the provision of assistance 

under such programs; and 

(B) to ensure that the transition assistance is provided 

under such programs to members of the Armed Forces who are 

being separated at medical facilities of the uniformed services 

or Department of Veterans Affairs medical centers and to 

Armed Forces personnel on a temporary disability retired list 

under section 1202 or 1205 of title 10, United States Code. 

(3) The report shall include—

(A) an analysis of the relationship between the Department 

of Defense transition assistance programs and the transition assistance programs of the Department of Veterans Affairs and 

the Department of Labor, including the relationship between the 

benefits delivery at discharge program carried out jointly by the 

Department of Defense and the Department of Veterans Affairs 

and the other transition assistance programs; and 

(B) an assessment of the quality and thoroughness of information being provided during preseparation briefings under 

such transition assistance programs regarding the full range of 

benefits available to qualified members of the Armed Forces 

under programs operated by the Department of Veterans Affairs 

and the requirements for qualifying for those benefits. 

(4) The report shall specify the rates of participation of members of the Armed Forces in the transition assistance programs and 

include such recommendations as the Comptroller General considers 

appropriate to increase such participation rates, including any recommendations regarding revisions of such programs that could result in increased participation by members. 

(5) The report shall include—

(A) an assessment of whether the transition assistance information provided to members of the Armed Forces omits any 

transition information that would be beneficial to members; 

(B) an assessment of the extent to which information is provided under the transition assistance programs regarding participation in Federal procurement opportunities available at 

prime contract and subcontract levels to veterans with serviceconnected disabilities and other veterans; and 

(C) such recommendations as the Comptroller General considers appropriate regarding additional information that 

should be provided and any other recommendations that the 

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Comptroller General considers appropriate for enhancing the 

provision of counseling on such procurement opportunities. 

(6) The report shall include—

(A) an assessment of the extent to which representatives of 

military service organizations and veterans’ service organizations are afforded opportunities to participate, and do participate, in preseparation briefings under transition assistance programs; 

(B) an assessment of the effectiveness and usefulness of the 

role that military service organizations and veterans’ service organizations are playing in the preseparation briefing process; 

and 

(C) such recommendations as the Comptroller General considers appropriate regarding whether such organizations should 

be given a more formal role in the preseparation briefing process and how representatives of such organizations could better 

be used to disseminate transition assistance information and 

provide preseparation counseling to members of the Armed 

Forces, including members who are being released from active 

duty for continuation of service in a reserve component. 

(7) The report shall include an analysis of the use of post-deployment and predischarge health screenings and such recommendations as the Comptroller General considers appropriate regarding whether and how to integrate the health screening process 

and the transition assistance programs into a single, coordinated 

preseparation program for members of the Armed Forces being discharged or released from active duty. 

(8) The report shall include an analysis of the processes of the 

Armed Forces for conducting physical examinations of members of 

the Armed Forces in connection with discharge and release from active duty, including—

(A) how post-deployment questionnaires are used; 

(B) the extent to which members of the Armed Forces waive 

the physical examinations; and 

(C) how, and the extent to which, members of the Armed 

Forces are referred for follow-up health care. 

(9) The report shall include a discussion of the current process 

by which mental health screenings are conducted, follow-up mental 

health care is provided for, and services are provided in cases of 

post-traumatic stress disorder and related conditions for members of 

the Armed Forces in connection with discharge and release from active duty, together with—

(A) for each of the Armed Forces, the programs that are in 

place to identify and treat cases of post-traumatic stress disorder and related conditions; and 

(B) for persons returning from deployments in connection 

with Operation Enduring Freedom and Operation Iraqi Freedom—

(i) the number of persons treated as a result of such 

screenings; and 

(ii) the types of interventions. 

(c) ACQUISITION OF SUPPORTING INFORMATION.—In preparing 

the report under subsection (a), the Comptroller General shall seek 

to obtain views from the following persons: 

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(1) The Secretary of Defense and the Secretaries of the military departments. 

(2) The Secretary of Veterans Affairs. 

(3) The Secretary of Labor. 

(4) Members of the Armed Forces who have received transition assistance under the programs covered by the report and 

members of the Armed Forces who have declined to accept transition assistance offered under such programs. 

(5) Representatives of military service organizations and 

representatives of veterans’ service organizations. 

(6) Persons having expertise in health care (including mental health care) provided under the Defense Health Program, 

including Department of Defense personnel, Department of Veterans Affairs personnel, and persons in the private sector.

SEC. 599. STUDY ON COORDINATION OF JOB TRAINING STANDARDS 

WITH CERTIFICATION STANDARDS FOR MILITARY OCCUPATIONAL SPECIALTIES. 

(a) STUDY REQUIRED.—The Secretary of Defense and the Secretary of Labor shall jointly carry out a study to determine ways to 

coordinate the standards applied by the Armed Forces for the training and certification of members of the Armed Forces in military occupational specialties with the standards that are applied to corresponding civilian occupations by occupational licensing or certification agencies of governments and occupational certification agencies in the private sector. 

(b) SUBMISSION OF REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Labor shall submit to Congress a report containing the results of the study under 

subsection (a).

TITLE VI—COMPENSATION AND OTHER PERSONNEL 

BENEFITS

Subtitle A—Pay and Allowances 

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

Sec. 602. Relationship between eligibility to receive supplemental subsistence allowance and eligibility to receive imminent danger pay, family separation 

allowance, and certain Federal assistance. 

Sec. 603. Authority to provide family separation basic allowance for housing. 

Sec. 604. Geographic basis for housing allowance during short-assignment permanent changes of station for education or training. 

Sec. 605. Immediate lump-sum reimbursement for unusual nonrecurring expenses 

incurred for duty outside the continental United States. 

Sec. 606. Authority for certain members deployed in combat zones to receive limited 

advances on future basic pay. 

Sec. 607. Repeal of requirement that members entitled to basic allowance for subsistence pay subsistence charges while hospitalized. 

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. Authority to provide hazardous duty incentive pay to military firefighters. 

Sec. 616. Reduced service obligation for nurses receiving nurse accession bonus. 

Sec. 617. Assignment incentive pay. 

Sec. 618. Modification of active and reserve component reenlistment and enlistment 

bonus authorities. 

133

Sec. 619. Bonus for certain initial service of officers in the Selected Reserve. 

Sec. 620. Revision of authority to provide foreign language proficiency pay. 

Sec. 621. Eligibility of enlisted members to qualify for critical skills retention bonus 

while serving on indefinite reenlistment. 

Sec. 622. Eligibility of reserve component members for incentive bonus for conversion to military occupational specialty to ease personnel shortage. 

Sec. 623. Permanent increase in authorized amounts for imminent danger special 

pay and family separation allowance. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Travel and transportation allowances for family members to attend burial 

ceremony or memorial service of member who dies on duty. 

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

members of the uniformed services. 

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

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Computation of high-36 month average for reserve component members retired for disability while on active duty or dying while on active duty. 

Sec. 642. Repeal of phase-in of concurrent receipt of retired pay and veterans’ disability compensation for military retirees with service-connected disabilities rated as 100 percent. 

Sec. 643. Death benefits enhancement. 

Sec. 644. Phased elimination of two-tier annuity computation for surviving spouses 

under Survivor Benefit Plan. 

Sec. 645. One-year open enrollment period for Survivor Benefit Plan commencing 

October 1, 2005. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality 

Benefits 

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

recreation activities. 

Sec. 652. Consistent State treatment of Department of Defense Nonappropriated 

Fund Health Benefits Program. 

Subtitle F—Other Matters 

Sec. 661. Eligibility of members for reimbursement of expenses incurred for adoption 

placements made by foreign governments. 

Sec. 662. Clarification of education loans qualifying for education loan repayment 

program for reserve component health professions officers. 

Sec. 663. Receipt of pay by reservists from civilian employers while on active duty 

in connection with a contingency operation. 

Sec. 664. Relief for mobilized reservists from certain Federal agricultural loan obligations. 

Sec. 665. Survey and analysis of effect of extended and frequent mobilization of reservists for active duty service on reservist income. 

Sec. 666. Study of disability benefits for veterans of service in the Armed Forces 

with service-connected disabilities.

Subtitle A—Pay and Allowances 

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2005. 

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment to 

become effective during fiscal year 2005 required by section 1009 of 

title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made. 

(b) INCREASE IN BASIC PAY.—Effective on January 1, 2005, the 

rates of monthly basic pay for members of the uniformed services 

are increased by 3.5 percent.

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SEC. 602. RELATIONSHIP BETWEEN ELIGIBILITY TO RECEIVE SUPPLEMENTAL SUBSISTENCE ALLOWANCE AND ELIGIBILITY TO 

RECEIVE IMMINENT DANGER PAY, FAMILY SEPARATION 

ALLOWANCE, AND CERTAIN FEDERAL ASSISTANCE. 

(a) ENTITLEMENT NOT AFFECTED BY RECEIPT OF IMMINENT

DANGER PAY AND FAMILY SEPARATION ALLOWANCE.—Subsection (b) 

of section 402a of title 37, United States Code, is amended—

(1) in paragraph (2), by striking ‘‘the Secretary—’’ and all 

that follows through ‘‘shall take into consideration’’ and inserting ‘‘the Secretary concerned shall take into consideration’’; and 

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

‘‘(3) In determining whether a member meets the eligibility criteria under paragraph (1), the Secretary concerned shall not take 

into consideration—

‘‘(A) the amount of the supplemental subsistence allowance 

that is payable under this section; 

‘‘(B) the amount of any special pay that is payable to the 

member under section 310 of this section, relating to duty subject to hostile fire or imminent danger; or 

‘‘(C) the amount of any family separation allowance that is 

payable to the member under section 427 of this title.’’. 

(b) RELATION TO OTHER FEDERAL ASSISTANCE.—Such section is 

further amended—

(1) by redesignating subsections (g) and (h) as subsections 

(h) and (i), respectively; and 

(2) by inserting after subsection (f) the following new subsection (g): 

‘‘(g) ELIGIBILITY FOR OTHER FEDERAL ASSISTANCE.—(1) A child 

or spouse of a member of the armed forces receiving the supplemental subsistence allowance under this section who, except on account of the receipt of such allowance, would be eligible to receive 

a benefit described in paragraph (2) shall be considered to be eligible for that benefit notwithstanding the receipt of such allowance. 

‘‘(2) The benefits referred to in paragraph (1) are as follows:

‘‘(A) Assistance provided under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). 

‘‘(B) Assistance provided under the Child Nutrition Act of 

1966 (42 U.S.C. 1771 et seq.). 

‘‘(C) A service provided under the Head Start Act (42 

U.S.C. 9831 et seq.). 

‘‘(D) Assistance under the Child Care and Development 

Block Grant Act of 1990 (42 U.S.C. 9858 et seq.). 

‘‘(3) A household that includes a member of the armed forces receiving the supplemental subsistence allowance under this section 

and that, except on account of the receipt of such allowance, would 

be eligible to receive a benefit under the Low-Income Home Energy 

Assistance Act of 1981 (42 U.S.C. 8621 et seq.) shall be considered 

to be eligible for that benefit notwithstanding the receipt of such allowance.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply in determining, on or after the date of the enactment of 

this Act, the eligibility of a person for a supplemental subsistence 

allowance under section 402a of title 37, United States Code, or for 

Federal assistance under a law specified in subsection (g) of such 

section, as so amended.

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SEC. 603. AUTHORITY TO PROVIDE FAMILY SEPARATION BASIC ALLOWANCE FOR HOUSING. 

Section 403(d) of title 37, United States Code, is amended—

(1) in paragraph (1), by striking ‘‘is entitled to’’ and inserting ‘‘may be paid’’; and 

(2) in paragraph (4), by striking the first sentence and inserting the following new sentence: ‘‘A family separation basic 

allowance for housing paid to a member under this subsection 

is in addition to any other allowance or per diem that the member receives under this title.’’.

SEC. 604. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE DURING 

SHORT-ASSIGNMENT PERMANENT CHANGES OF STATION 

FOR EDUCATION OR TRAINING. 

Section 403(d) of title 37, United States Code, as amended by 

section 603, is further amended—

(1) in the subsection heading, by striking ‘‘ARE UNABLE TO’’ 

and inserting ‘‘DO NOT’’; and 

(2) in paragraph (3), by adding at the end the following 

new subparagraph: 

‘‘(C) If the member is reassigned for a permanent change of 

station or permanent change of assignment from a duty station 

in the United States to another duty station in the United 

States for a period of not more than one year for the purpose 

of participating in professional military education or training 

classes, the amount of the basic allowance for housing for the 

member may be based on whichever of the following areas the 

Secretary concerned determines will provide the more equitable 

basis for the allowance: 

‘‘(i) The area of the duty station to which the member 

is reassigned. 

‘‘(ii) The area in which the dependents reside, but only 

if the dependents reside in that area when the member departs for the duty station to which the member is reassigned and only for the period during which the dependents 

reside in that area. 

‘‘(iii) The area of the former duty station of the member, if different than the area in which the dependents reside.’’.

SEC. 605. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL 

NONRECURRING EXPENSES INCURRED FOR DUTY OUTSIDE THE CONTINENTAL UNITED STATES. 

(a) ELIGIBILITY FOR REIMBURSEMENT.—Section 405 of title 37, 

United States Code, is amended by adding at the end the following 

new subsection: 

‘‘(d) NONRECURRING EXPENSES.—(1) The Secretary concerned 

may reimburse a member of the uniformed services on duty as described in subsection (a) for a nonrecurring expense incurred by the 

member incident to such duty that—

‘‘(A) is directly related to the conditions or location of the 

duty; 

‘‘(B) is of a nature or a magnitude not normally incurred 

by members of the uniformed services on duty inside the continental United States; and 

‘‘(C) is not included in the per diem determined under subsection (b) as payable to the member under subsection (a). 

136

‘‘(2) Any reimbursement provided to a member under paragraph 

(1) is in addition to a per diem payable to that member under subsection (a).’’. 

(b) USE OF DEFINED TERM CONTINENTAL UNITED STATES.—(1) 

Subsection (a) of such section is amended by striking ‘‘outside of the 

United States or in Hawaii or Alaska’’ and inserting ‘‘outside of the 

continental United States’’. 

(2) The heading of such section is amended to read as follows: 

‘‘§ 405. Travel and transportation allowances: per diem while 

on duty outside the continental United States’’. 

(3) The table of sections at the beginning of chapter 7 of such 

title is amended by striking the item relating to section 405 and inserting the following new item:

‘‘405. Travel and transportation allowances: per diem while on duty outside the continental United States.’’.

SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED IN COMBAT 

ZONES TO RECEIVE LIMITED ADVANCES ON FUTURE 

BASIC PAY. 

(a) ADVANCEMENT OF BASIC PAY.—Chapter 3 of title 37, United 

States Code, is amended by adding at the end the following new section: 

‘‘§ 212. Advancement of basic pay: members deployed in combat zone for more than one year 

‘‘(a) ELIGIBILITY; AMOUNT ADVANCED.—If a member of the 

armed forces is assigned to duty in an area for which special pay 

under section 310 of this title is available and the assignment is 

pursuant to orders specifying an assignment of one year or more (or 

the assignment is extended beyond one year), the member may request, during the period of the assignment, the advanced payment 

of not more than three months of the basic pay of the member. 

‘‘(b) CONSIDERATION OF REQUEST.—A request by a member described in subsection (a) for the advanced payment of a single 

month of basic pay shall be granted. The Secretary concerned may 

grant a member’s request for a second or third month of advanced 

basic pay during the assignment upon a showing of financial hardship. 

‘‘(c) RECOUPMENT OF ADVANCED PAY.—The Secretary concerned 

shall recoup an advance made on the basic pay of a member under 

this section in equal installments over a one-year period beginning 

as provided in subsection (d). If the member is serving on active 

duty for any month during the recoupment period, the amount of 

the installment for the month shall be deducted from the basic pay 

of the member for that month. The estate of a deceased member 

shall not be required to repay any portion of the advanced pay paid 

to the member and not repaid before the death of the member. 

‘‘(d) COMMENCEMENT OF RECOUPMENT.—The recoupment period 

for an advancement of basic pay to a member under this section 

shall commence on the first day of the first month beginning on or 

after the date on which the member receives the advanced pay.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

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‘‘212. Advancement of basic pay: members deployed in combat zone for more than 

one year.’’.

SEC. 607. REPEAL OF REQUIREMENT THAT MEMBERS ENTITLED TO 

BASIC ALLOWANCE FOR SUBSISTENCE PAY SUBSISTENCE 

CHARGES WHILE HOSPITALIZED. 

(a) REPEAL.—(1) Section 1075 of title 10, United States Code, 

is repealed. 

(2) The table of sections at the beginning of chapter 55 of such 

title is amended by striking the item relating to section 1075. 

(b) CONFORMING AMENDMENT REGARDING MILITARY-CIVILIAN

HEALTH SERVICES PARTNERSHIP PROGRAM.—Section 1096(c) of such 

title is amended—

(1) by inserting ‘‘who is a dependent’’ after ‘‘covered beneficiary’’; and 

(2) by striking ‘‘shall pay’’ and all that follows through the 

period at the end of paragraph (2) and inserting ‘‘shall pay the 

charges prescribed by section 1078 of this title.’’.

Subtitle B—Bonuses and Special and Incentive Pays 

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR RESERVE FORCES. 

(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 

308b(g) of title 37, United States Code, is amended by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

(b) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e) of 

such title is amended by striking ‘‘December 31, 2004’’ and inserting 

‘‘December 31, 2005’’. 

(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

2005’’. 

(d) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e) of 

such title is amended by striking ‘‘December 31, 2004’’ and inserting 

‘‘December 31, 2005’’. 

(e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.—

Section 308h(g) of such title is amended by striking ‘‘December 31, 

2004’’ and inserting ‘‘December 31, 2005’’. 

(f) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f ) of such 

title is amended by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS. 

(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 

2130a(a)(1) of title 10, United States Code, is amended by striking 

‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH

PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 

16302(d) of such title is amended by striking ‘‘January 1, 2005’’ and 

inserting ‘‘January 1, 2006’’. 

(c) ACCESSION BONUS FOR REGISTERED NURSES.—Section 

302d(a)(1) of title 37, United States Code, is amended by striking 

‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

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(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 302e(a)(1) of such title is amended by striking ‘‘December 31, 

2004’’ and inserting ‘‘December 31, 2005’’. 

(e) SPECIAL PAY FOR SELECTED RESERVE HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

302g(f ) of such title is amended by striking ‘‘December 31, 2004’’ 

and inserting ‘‘December 31, 2005’’.

(f) ACCESSION BONUS FOR DENTAL OFFICERS.—Section 

302h(a)(1) of such title is amended by striking ‘‘December 31, 2004’’ 

and inserting ‘‘December 31, 2005’’. 

(g) ACCESSION BONUS FOR PHARMACY OFFICERS.—Section 

302j(a) of such title is amended by striking ‘‘the date of the enactment of the Floyd D. Spence National Defense Authorization Act for 

Fiscal Year 2001 and ending on September 30, 2004’’ and inserting 

‘‘October 30, 2000, and ending on December 31, 2005’’. 

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS. 

(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e) of title 37, United 

States Code, is amended by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 

such title is amended by striking ‘‘December 31, 2004’’ and inserting 

‘‘December 31, 2005’’. 

(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section 

312c(d) of such title is amended by striking ‘‘December 31, 2004’’ 

and inserting ‘‘December 31, 2005’’. 

SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY 

AUTHORITIES. 

(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 

title 37, United States Code, is amended by striking ‘‘December 31, 

2004’’ and inserting ‘‘December 31, 2005’’. 

(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) of such title 

is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

(c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 

308(g) of such title is amended by striking ‘‘December 31, 2004’’ and 

inserting ‘‘December 31, 2005’’. 

(d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 309(e) 

of such title is amended by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

(e) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY

SKILLS.—Section 323(i) of such title is amended by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

(f) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL

SKILLS.—Section 324(g) of such title is amended by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’.

SEC. 615. AUTHORITY TO PROVIDE HAZARDOUS DUTY INCENTIVE PAY 

TO MILITARY FIREFIGHTERS. 

Section 301 of title 37, United States Code, is amended—

(1) in subsection (d), by inserting ‘‘(1)’’ after ‘‘(d)’’; 

(2) by redesignating subsection (e) as paragraph (2) of subsection (d); and 

139

(3) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) A member of a uniformed service who is entitled to basic 

pay may be paid incentive pay under this subsection, at a monthly 

rate not to exceed $150, for any month during which the member 

performs duty involving regular participation as a firefighting crew 

member, as determined by the Secretary concerned.’’.

SEC. 616. REDUCED SERVICE OBLIGATION FOR NURSES RECEIVING 

NURSE ACCESSION BONUS. 

(a) PERIOD OF OBLIGATED SERVICE.—Section 302d(a)(1) of title 

37, United States Code, is amended by striking ‘‘four years’’ and inserting ‘‘three years’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to agreements entered into under section 

302d of title 37, United States Code, on or after the date of the enactment of this Act.

SEC. 617. ASSIGNMENT INCENTIVE PAY. 

(a) DISCRETIONARY WRITTEN AGREEMENTS.—Subsection (b) of 

section 307a of title 37, United States Code, is amended to read as 

follows: 

‘‘(b) WRITTEN AGREEMENT.—The Secretary concerned may require a member performing service in an assignment designated 

under subsection (a) to enter into a written agreement with the Secretary in order to qualify for incentive pay under this section. The 

written agreement shall specify the period for which the incentive 

pay will be paid to the member and, subject to subsection (c), the 

monthly rate of the incentive pay.’’. 

(b) DISCONTINUATION UPON COMMENCEMENT OF TERMINAL

LEAVE.—Subsection (e) of such section is amended by striking ‘‘by 

reason of’’ and all that follows through the period at the end and 

inserting ‘‘by reason of—

‘‘(1) temporary duty performed by the member pursuant to 

orders; or 

‘‘(2) absence of the member for authorized leave, other than 

leave authorized for a period ending upon the discharge of the 

member or the release of the member from active duty.’’. 

(c) EFFECTIVE DATE.—Paragraph (2) of section 307a(e) of title 

37, United States Code, as added by subsection (b), shall apply with 

respect to authorized leave occurring on or after the date of the enactment of this Act.

SEC. 618. MODIFICATION OF ACTIVE AND RESERVE COMPONENT REENLISTMENT AND ENLISTMENT BONUS AUTHORITIES. 

(a) ACTIVE-DUTY REENLISTMENT BONUS.—(1) Paragraph (1) of 

subsection (a) of section 308 of title 37, United States Code, is 

amended—

(A) in the matter preceding subparagraph (A), by striking 

‘‘A member’’ and inserting ‘‘The Secretary concerned may pay a 

bonus under paragraph (2) to a member’’; 

(B) in subparagraph (A), by striking ‘‘fourteen years’’ and 

inserting ‘‘16 years’’; 

(C) in subparagraph (D), by striking the semicolon at the 

end and inserting a period; and 

(D) by striking ‘‘may be paid a bonus as provided in paragraph (2).’’. 

140

(2) Paragraph (3) of such subsection is amended by striking ‘‘16 

years’’ and inserting ‘‘18 years’’. 

(b) SELECTED RESERVE REENLISTMENT BONUS.—(1) Subsection 

(a) of section 308b of title 37, United States Code, is amended—

(A) in the matter preceding paragraph (1), by striking ‘‘An 

enlisted member’’ and inserting ‘‘The Secretary concerned may 

pay a bonus under subsection (b) to an enlisted member’’; 

(B) in paragraph (1), by striking ‘‘less than 14 years’’ and 

inserting ‘‘not more than 16 years’’; 

(C) in paragraph (2), by striking the semicolon at the end 

and inserting a period; and 

(D) by striking ‘‘may be paid a bonus as provided in subsection (b).’’. 

(2) Subsection (b)(1) of such section is amended—

(A) in subparagraph (A), by striking ‘‘$5,000’’ and inserting 

‘‘$15,000’’; 

(B) in subparagraph (B), by striking ‘‘$2,500’’ and inserting 

‘‘$7,500’’; and 

(C) in subparagraph (C), by striking ‘‘$2,000’’ and inserting 

‘‘$6,000’’. 

(3) Paragraph (2) of subsection (b) of such section is amended 

to read as follows: 

‘‘(2) Bonus payments authorized under this section may be paid 

in either a lump sum or in installments. If the bonus is paid in installments, the initial payment shall be not less than 50 percent of 

the total bonus amount. The Secretary concerned shall prescribe the 

amount of each subsequent installment payment and the schedule 

for making the installment payments.’’. 

(4) Subsection (c) of such section is amended—

(A) in the subsection heading, by striking ‘‘; LIMITATION ON

NUMBER OF BONUSES’’; and 

(B) by striking paragraph (2) and redesignating paragraph 

(3) as paragraph (2). 

(c) SELECTED RESERVE ENLISTMENT BONUS.—(1) Subsection (b) 

of section 308c of title 37, United States Code, is amended by striking ‘‘$8,000’’ and inserting ‘‘$10,000’’. 

(2) Subsection (f) of such section is amended to read as follows: 

‘‘(f) A member entitled to a bonus under this section who is 

called or ordered to active duty shall be paid, during that period 

of active duty, any amount of the bonus that becomes payable to the 

member during that period of active duty.’’. 

(d) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT PRIOR SERVICE.—Section 308g(b) of title 37, United States 

Code, is amended—

(1) by striking ‘‘$1,000’’ and inserting ‘‘$3,000’’; and 

(2) by adding at the end the following new sentence: ‘‘A person entitled to a bonus under this section who is called or ordered to active duty shall be paid, during that period of active 

duty, any amount of the bonus that becomes payable to the 

member during that period of active duty.’’. 

(e) PRIOR SERVICE READY RESERVE BONUS.—Section 308h(b) of 

title 37, United States Code, is amended—

(1) in paragraph (2)(A), by striking ‘‘$1,500’’ and inserting 

‘‘$3,000’’; 

141

(2) in paragraph (2)(B), by striking ‘‘$750’’ and inserting 

‘‘$1,500’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(4) A person entitled to a bonus under this section who is 

called or ordered to active duty shall be paid, during that period 

of active duty, any amount of the bonus that becomes payable to the 

member during that period of active duty.’’. 

(f) PRIOR SERVICE ENLISTMENT BONUS FOR SELECTED RESERVE.—(1) Subsection (a)(2)(A) of section 308i of title 37, United 

States Code, is amended by striking ‘‘less than 14 years’’ and inserting ‘‘not more than 16 years’’. 

(2) Paragraph (1) of subsection (b) of such section is amended—

(A) in subparagraph (A), by striking ‘‘$8,000’’ and inserting 

‘‘$15,000’’; 

(B) in subparagraph (B), by striking ‘‘$4,000’’ and inserting 

‘‘$7,500’’; and 

(C) in subparagraph (C), by striking ‘‘$3,500’’ and inserting 

‘‘$6,000’’. 

(3) Such subsection is further amended by adding at the end 

the following new paragraph: 

‘‘(3) A person entitled to a bonus under this section who is 

called or ordered to active duty shall be paid, during that period 

of active duty, any amount of the bonus that becomes payable to the 

member during that period of active duty.’’. 

(g) EFFECTIVE DATE.—The amendment made by subsection 

(a)(2) shall apply only with respect to the computation of a bonus 

under section 308(a)(2)(A) of title 37, United States Code, made on 

or after the date of the enactment of this Act.

SEC. 619. BONUS FOR CERTAIN INITIAL SERVICE OF OFFICERS IN THE 

SELECTED RESERVE. 

(a) AUTHORITY.—Chapter 5 of title 37, United States Code, is 

amended by inserting after section 308i the following new section: 

‘‘§ 308j. Special pay: bonus for certain initial service of officers in the Selected Reserve 

‘‘(a) AFFILIATION BONUS.—(1) The Secretary concerned may pay 

an affiliation bonus under this section to an eligible officer in any 

of the armed forces who enters into an agreement with the Secretary 

to serve, for the period specified in the agreement, in the Selected 

Reserve of the Ready Reserve of an armed force under the Secretary’s jurisdiction—

‘‘(A) in a critical officer skill designated under paragraph 

(3); or 

‘‘(B) to meet a manpower shortage in—

‘‘(i) a unit of that Selected Reserve; or 

‘‘(ii) a particular pay grade in that armed force. 

‘‘(2) An officer is eligible for an affiliation bonus under this section if the officer—

‘‘(A) either—

‘‘(i) is serving on active duty for a period of more than 

30 days; or 

‘‘(ii) is a member of a reserve component not on active 

duty and, if the member formerly served on active duty, 

was released from active duty under honorable conditions; 

142

‘‘(B) has not previously served in the Selected Reserve of the 

Ready Reserve; and 

‘‘(C) is not entitled to receive retired or retainer pay. 

‘‘(3)(A) The Secretary concerned shall designate for an armed 

force under the Secretary’s jurisdiction the critical officer skills to 

which the bonus authority under this subsection is to be applied. 

‘‘(B) A skill may be designated as a critical officer skill for an 

armed force under subparagraph (A) if, to meet requirements of that 

armed force, it is critical for that armed force to have a sufficient 

number of officers who are qualified in that skill. 

‘‘(4) An affiliation bonus payable pursuant to an agreement 

under this section to an eligible officer accrues on the date on which 

the person is assigned to a unit or position in the Selected Reserve 

pursuant to such agreement. 

‘‘(b) ACCESSION BONUS.—(1) The Secretary concerned may pay 

an accession bonus under this section to an eligible person who enters into an agreement with the Secretary—

‘‘(A) to accept an appointment as an officer in the armed 

forces; and 

‘‘(B) to serve in the Selected Reserve of the Ready Reserve 

in a skill designated under paragraph (2) for a period specified 

in the agreement. 

‘‘(2)(A) The Secretary concerned shall designate for an armed 

force under the Secretary’s jurisdiction the officer skills to which the 

authority under this subsection is to be applied. 

‘‘(B) A skill may be designated for an armed force under subparagraph (A) if, to mitigate a current or projected significant shortage of personnel in that armed force who are qualified in that skill, 

it is critical to increase the number of persons accessed into that 

armed force who are qualified in that skill or are to be trained in 

that skill. 

‘‘(3) An accession bonus payable to a person pursuant to an 

agreement under this section accrues on the date on which that 

agreement is accepted by the Secretary concerned. 

‘‘(c) PERIOD OF OBLIGATED SERVICE.—An agreement entered 

into with the Secretary concerned under this section shall require 

the person entering into that agreement to serve in the Selected Reserve for a specified period. The period specified in the agreement 

shall be any period not less than three years that the Secretary concerned determines appropriate to meet the needs of the reserve component in which the service is to be performed. 

‘‘(d) AMOUNT.—The amount of a bonus under this section may 

be any amount not in excess of $6,000 that the Secretary concerned 

determines appropriate. 

‘‘(e) PAYMENT.—(1) Upon acceptance of a written agreement by 

the Secretary concerned under this section, the total amount of the 

bonus payable under the agreement becomes fixed. The agreement 

shall specify whether the bonus is to be paid in one lump sum or 

in installments. 

‘‘(2) A person entitled to a bonus under this section who is 

called or ordered to active duty shall be paid, during that period 

of active duty, any amount of the bonus that becomes payable to the 

member during that period of active duty. 

‘‘(f) RELATION TO OTHER ACCESSION BONUS AUTHORITY.—A 

person may not receive an affiliation bonus or accession bonus 

143

under this section and financial assistance under chapter 1608, 

1609, or 1611 of title 10, or under section 302g of this title, for the 

same period of service. 

‘‘(g) REPAYMENT FOR FAILURE TO COMMENCE OR COMPLETE OB- LIGATED SERVICE.—(1) A person who, after receiving all or part of 

the bonus under an agreement entered into by that person under 

this section, does not accept a commission or an appointment as an 

officer or does not commence to participate or does not satisfactorily 

participate in the Selected Reserve for the total period of service 

specified in the agreement shall repay to the United States such 

compensation or benefit, except under conditions prescribed by the 

Secretary concerned. 

‘‘(2) The Secretary concerned shall include in each agreement 

entered into by the Secretary under this section the requirements 

that apply for any repayment under this subsection, including the 

method for computing the amount of the repayment and any exceptions. 

‘‘(3) An obligation to repay the United States imposed under 

paragraph (1) is for all purposes a debt owed to the United States. 

A discharge in bankruptcy under title 11 that is entered less than 

five years after the termination of an agreement entered into under 

this section does not discharge a person from a debt arising under 

an agreement entered into under this subsection or a debt arising 

under paragraph (1).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 308i the following new item:

‘‘308j. Special pay: bonus for certain initial service of officers in the Selected Reserve.’’.

SEC. 620. REVISION OF AUTHORITY TO PROVIDE FOREIGN LANGUAGE 

PROFICIENCY PAY. 

(a) IN GENERAL.—(1) Section 316 of title 37, United States 

Code, is amended to read as follows: 

‘‘§ 316. Special pay and bonus for members with foreign language proficiency 

‘‘(a) AVAILABILITY OF SPECIAL PAY.—Subject to subsection (c), 

the Secretary concerned may pay monthly special pay under this 

section to a member of the uniformed services who is entitled to 

basic pay under section 204 of this title and who—

‘‘(1) is qualified in a uniformed services specialty requiring 

proficiency in a foreign language identified by the Secretary 

concerned as a foreign language in which it is necessary to have 

personnel proficient because of national defense or public health 

considerations; 

‘‘(2) received training, under regulations prescribed by the 

Secretary concerned, designed to develop a proficiency in such 

a foreign language; 

‘‘(3) is assigned to duties requiring a proficiency in such a 

foreign language; or 

‘‘(4) is proficient in a foreign language for which the uniformed service may have a critical need, as determined by the 

Secretary concerned. 

‘‘(b) AVAILABILITY OF BONUS.—Subject to subsection (c), the Secretary concerned may pay an annual bonus under this section to a 

144

member of a reserve component who satisfies the eligibility requirements specified in paragraph (1), (2), (3), or (4) of subsection (a). 

‘‘(c) CERTIFICATION OF PROFICIENCY.—To be eligible to receive 

special pay or a bonus under this section, a member described in 

subsection (a) or (b) must be certified by the Secretary concerned as 

being proficient in the foreign language for which the special pay 

or bonus is offered. The certification of the member shall expire at 

the end of the one-year period beginning on the first day of the first 

month beginning on or after the certification date. 

‘‘(d) SPECIAL PAY AND BONUS AMOUNTS.—(1) The monthly rate 

for special pay paid under subsection (a) may not exceed $1,000. 

‘‘(2) The maximum amount of the bonus paid to a member 

under subsection (b) may not exceed $6,000 for the one-year period 

covered by the certification of the member. The Secretary concerned 

may pay the bonus in a single lump sum at the beginning of the 

certification period or in installments during the certification period. 

‘‘(e) RELATIONSHIP TO OTHER PAY OR ALLOWANCE.—(1) Except 

as provided in paragraph (2), special pay or a bonus paid under 

this section is in addition to any other pay or allowance payable to 

a member under any other provision of law. 

‘‘(2) If a member of a reserve component serving on active duty 

receives special pay under subsection (a) for any month occurring 

during a certification period in which the member received, or is receiving, a bonus under subsection (b), the amount of the special pay 

paid to the member for the month shall be reduced by an amount 

equal to 1⁄12 of the bonus amount. 

‘‘(f) CERTIFICATION INTERRUPTED BY CONTINGENCY OPERATION.—(1) Notwithstanding subsection (c), the Secretary concerned 

may waive the certification requirement under such subsection and 

pay monthly special pay or a bonus under this section to a member 

who—

‘‘(A) is assigned to duty in connection with a contingency 

operation; 

‘‘(B) is unable to schedule or complete the certification required by subsection (c) because of that assignment; and 

‘‘(C) except for the lack of such certification, satisfies the eligibility requirements for receipt of special pay under subsection 

(a) or a bonus under subsection (b), whichever applies to the 

member. 

‘‘(2) For purposes of providing an annual bonus to a member 

under the authority of this subsection, the Secretary concerned may 

treat the date on which the member was assigned to duty in connection with the contingency operation as equivalent to a certification 

date. In the case of a member whose certification will expire during 

such a duty assignment, the Secretary shall commence the next oneyear certification period on the date on which the prior certification 

period expires. 

‘‘(3) A member who is paid special pay or a bonus under the 

authority of this subsection shall complete the certification required 

by subsection (c) for the foreign language for which the special pay 

or bonus was paid not later than the end of the 180-day period beginning on the date on which the member is released from the assignment in connection with the contingency operation. The SecVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00170 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
145

retary concerned may extend that period for a member in accordance with regulations prescribed under subsection (h). 

‘‘(4) If a member fails to obtain the required certification under 

subsection (c) before the end of the period provided under paragraph 

(3), the Secretary concerned may require the member to repay all or 

a portion of the bonus in the manner provided in subsection (g). 

‘‘(g) REPAYMENT OF BONUS.—(1) The Secretary concerned may 

require a member who receives a bonus under this section, but who 

does not satisfy an eligibility requirement specified in paragraph 

(1), (2), (3), or (4) of subsection (a) for the entire certification period, 

to repay to the United States an amount which bears the same ratio 

to the total amount of the bonus paid to the member as the 

unsatisfied portion of the certification period bears to the entire certification period. 

‘‘(2) An obligation to repay the United States imposed under 

paragraph (1) or subsection (f)(4) is for all purposes a debt owed to 

the United States. A discharge in bankruptcy under title 11 that is 

entered for the member less than five years after the expiration of 

the certification period does not discharge the member from a debt 

arising under this paragraph. This paragraph applies to any case 

commenced under title 11 after the date of the enactment of this section. 

‘‘(h) REGULATIONS.—This section shall be administered under 

regulations prescribed by the Secretary of Defense for the armed 

forces under the jurisdiction of the Secretary, by the Secretary of 

Homeland Security for the Coast Guard when the Coast Guard is 

not operating as a service in the Navy, by the Secretary of Health 

and Human Services for the Commissioned Corps of the Public 

Health Service, and by the Secretary of Commerce for the National 

Oceanic and Atmospheric Administration.’’. 

(2) The table of sections at the beginning of chapter 5 of such 

title is amended by striking the item relating to section 316 and inserting the following new item:

‘‘316. Special pay and bonus for members with foreign language proficiency.’’.

(b) CONFORMING AMENDMENTS.—(1) Section 316a of title 37, 

United States Code, is repealed. 

(2) The table of sections at the beginning of chapter 5 of such 

title is amended by striking the item relating to section 316a.

SEC. 621. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY FOR CRITICAL SKILLS RETENTION BONUS WHILE SERVING ON INDEFINITE REENLISTMENT. 

Section 323(a) of title 37, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of paragraph (1); 

(2) in paragraph (2)—

(A) by inserting ‘‘other than an enlisted member referred to in paragraph (3),’’ after ‘‘enlisted member,’’; and 

(B) by striking the period at the end and inserting ‘‘; 

or’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) in the case of an enlisted member serving pursuant to 

an indefinite reenlistment, the member executes a written agreement to remain on active duty for a period of at least one year.’’.

146

SEC. 622. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL SHORTAGE. 

(a) ELIGIBILITY.—Section 326 of title 37, United States Code, is 

amended—

(1) in subsection (a), by inserting ‘‘of a regular or reserve 

component’’ after ‘‘an eligible member’’; 

(2) in subsection (b)—

(A) by striking ‘‘if—’’ and all that follows through ‘‘at 

the time’’ and inserting ‘‘if, at the time’’; and 

(B) by redesignating subparagraphs (A) and (B) as 

paragraphs (1) and (2), respectively; and 

(3) in subsection (c)(2), by inserting ‘‘regular or reserve component of the’’ after ‘‘chief personnel officer of the’’. 

(b) AMOUNT OF BONUS.—Subsection (c)(1) of such section is 

amended by inserting before the period at the end the following: ‘‘, 

in the case of a member of a regular component of the armed forces, 

and $2,000, in the case of a member of a reserve component of the 

armed forces’’.

SEC. 623. PERMANENT INCREASE IN AUTHORIZED AMOUNTS FOR IMMINENT DANGER SPECIAL PAY AND FAMILY SEPARATION 

ALLOWANCE. 

(a) IMMINENT DANGER PAY.—(1) Subsection (e) of section 310 of 

title 37, United States Code, is amended by striking ‘‘December 31, 

2004’’ and inserting ‘‘December 31, 2005’’. 

(2) Effective January 1, 2006, such section is further amended—

(A) in subsection (a), by striking ‘‘$150’’ and inserting 

‘‘$225’’; and 

(B) by striking subsection (e). 

(b) FAMILY SEPARATION ALLOWANCE.—(1) Subsection (e) of section 427 of such title is amended by striking ‘‘December 31, 2004’’ 

and inserting ‘‘December 31, 2005’’. 

(2) Effective January 1, 2006, such section is further amended—

(A) in subsection (a)(1), by striking ‘‘$100’’ and inserting 

‘‘$250’’; and 

(B) by striking subsection (e). 

Subtitle C—Travel and Transportation Allowances

SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY 

MEMBERS TO ATTEND BURIAL CEREMONY OR MEMORIAL 

SERVICE OF MEMBER WHO DIES ON DUTY. 

(a) AUTHORIZED TRAVEL DESTINATIONS.—Subsection (a)(1) of 

section 411f of title 37, United States Code, is amended by inserting 

before the period at the end the following: ‘‘at the location determined under subsection (a)(8) of section 1482 of title 10 or attend 

a memorial service for the deceased member, under circumstances 

covered by subsection (d) of such section’’. 

(b) LIMITATION ON AMOUNT.—Subsection (b) of such section is 

amended to read as follows: 

‘‘(b) LIMITATION ON AMOUNT.—Allowances for travel under subsection (a) may not exceed the rates for two days and the time necessary for such travel.’’. 

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(c) UNCONDITIONAL ELIGIBILITY OF DECEASED’S PARENTS.—

Subsection (c)(1)(C) of such section is amended by striking ‘‘If no 

person described in subparagraph (A) or (B) is provided travel and 

transportation allowances under subsection (a)(1), the’’ and inserting ‘‘The’’.

SEC. 632. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO SERIOUS ILLNESS OR INJURY OF MEMBERS OF THE UNIFORMED SERVICES. 

(a) REMOVAL OF LIMITATION ON NUMBER OF FAMILY MEMBERS.—Subsection (a)(1) of section 411h of title 37, United States 

Code, is amended—

(1) by striking ‘‘two family members’’ and inserting ‘‘three 

family members’’; and 

(2) by adding at the end the following new sentence: ‘‘In circumstances determined to be appropriate by the Secretary concerned, the Secretary may waive the limitation on the number 

of family members provided travel and transportation under 

this section.’’. 

(b) AVAILABILITY OF PER DIEM.—Such section is further amended—

(1) in subsection (a)(1), by inserting ‘‘travel and’’ before 

‘‘transportation’’; and 

(2) in subsection (c)—

(A) by inserting ‘‘(1)’’ after ‘‘(c)’’ ; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) In addition to the transportation authorized by subsection 

(a), the Secretary concerned may provide a per diem allowance or 

reimbursement for the actual and necessary expenses of the travel, 

or a combination thereof, but not to exceed the rates established 

under section 404(d) of this title.’’. 

(c) EFFECTIVE DATE.—Section 411h of title 37, United States 

Code, as amended by this section, shall apply to travel and transportation authorized under such section that is provided on or after 

October 1, 2004, to family members of a member of the Armed 

Forces who is ill or injured as described in such section.

SEC. 633. REIMBURSEMENT FOR CERTAIN LODGING COSTS INCURRED 

IN CONNECTION WITH DEPENDENT STUDENT TRAVEL. 

Section 430(b) of title 37, United States Code, is amended—

(1) by redesignating paragraphs (2) and (3) as paragraphs 

(3) and (4), respectively; and 

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

‘‘(2) The allowance authorized under paragraph (1) for the travel of an eligible dependent may include reimbursement for costs incurred by or on behalf of the dependent for lodging of the dependent 

that is necessitated by an interruption in the travel caused by extraordinary circumstances prescribed in the regulations under subsection (a). The amount of the reimbursement shall be determined 

using the rate applicable to such circumstances.’’.

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Subtitle D—Retired Pay and Survivor Benefits

SEC. 641. COMPUTATION OF HIGH-36 MONTH AVERAGE FOR RESERVE 

COMPONENT MEMBERS RETIRED FOR DISABILITY WHILE 

ON ACTIVE DUTY OR DYING WHILE ON ACTIVE DUTY. 

(a) COMPUTATION OF HIGH-36 MONTH AVERAGE.—Subsection (c) 

of section 1407 of title 10, United States Code, is amended by adding at the end the following new paragraph: 

‘‘(3) SPECIAL RULE FOR RESERVE COMPONENT MEMBERS.—

In the case of a member of a reserve component who is entitled 

to retired pay under section 1201 or 1202 of this title, the member’s high-three average (notwithstanding paragraphs (1) and 

(2)) is computed in the same manner as prescribed in paragraphs (2) and (3) of subsection (d) for a member entitled to retired pay under section 1204 or 1205 of this title.’’. 

(b) EFFECTIVE DATE.—Paragraph (3) of section 1407(c) of title 

10, United States Code, as added by subsection (a), shall take effect—

(1) for purposes of determining an annuity under subchapter II or III of chapter 73 of that title, with respect to 

deaths on active duty on or after September 10, 2001; and 

(2) for purposes of determining the amount of retired pay 

of a member of a reserve component entitled to retired pay 

under section 1201 or 1202 of such title, with respect to such 

entitlement that becomes effective on or after the date of the enactment of this Act.

SEC. 642. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY AND VETERANS’ DISABILITY COMPENSATION 

FOR MILITARY RETIREES WITH SERVICE-CONNECTED DISABILITIES RATED AS 100 PERCENT. 

(a) TERMINATION OF PHASE-IN AT END OF 2004.—Subsection 

(a)(1) of section 1414 of title 10, United States Code, is amended by 

inserting before the period at the end the following: ‘‘, except that 

in the case of a qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent, payment of retired 

pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 

2004’’. 

(b) CONFORMING AMENDMENT.—Subsection (c) of such section is 

amended in the matter preceding paragraph (1) by inserting ‘‘that 

pursuant to the second sentence of subsection (a)(1) is subject to this 

subsection’’ after ‘‘a qualified retiree’’.

SEC. 643. DEATH BENEFITS ENHANCEMENT. 

(a) ACTIONS ON FISCAL YEAR 2004 DEATH BENEFITS STUDY.—

(1) The Secretary of Defense shall expedite the completion and submission of the report, which was due on March 1, 2004, of the results of the study of the Federal death benefits for survivors of deceased members of the Armed Forces required by section 647(b) of 

the National Defense Authorization Act for Fiscal Year 2004 (Public 

Law 108–136; 117 Stat. 1520). 

(2) The President should promptly transmit to Congress any 

recommendation for legislation, together with a request for appropriations, that the President determines necessary to implement any 

death benefits enhancements that are recommended in the report referred to in paragraph(1). 

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(b) INCREASES OF DEATH GRATUITY CONSISTENT WITH INCREASES OF RATES OF BASIC PAY.—Section 1478 of title 10, United 

States Code, is amended—

(1) in subsection (a), by inserting ‘‘(as adjusted under subsection (c))’’ before the period at the end of the first sentence; 

and 

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

‘‘(c) Effective on the date on which rates of basic pay under section 204 of title 37 are increased under section 1009 of that title or 

any other provision of law, the amount of the death gratuity in effect under subsection (a) shall be increased by the same overall average percentage of the increase in the rates of basic pay taking effect on that date.’’. 

(c) FISCAL YEAR 2005 ACTIONS.—At the same time that the 

President transmits to Congress the budget for fiscal year 2006 

under section 1105(a) of title 31, United States Code, the President 

shall transmit to Congress assessments and recommendations regarding legislation on proposals that would provide enhanced death 

benefits for survivors of deceased members of the uniformed services. 

Those assessments and recommendations regarding legislation shall 

include provisions for the following: 

(1) Revision of the Servicemembers’ Group Life Insurance 

program under chapter 19 of title 38, United States Code, to 

provide for—

(A) an increase in the maximum benefit amount provided under that program from $250,000 to $350,000; 

(B) an increase, each fiscal year, in that maximum benefit amount by the same overall average percentage increase 

that takes effect during such fiscal year in the rates of basic 

pay under section 204 of title 37, United States Code; and 

(C) a minimum benefit amount of $100,000 at no cost 

to the insured members of the uniformed services who elect 

the maximum coverage, together with an increase in such 

minimum benefit each fiscal year by the same percentage 

increase as is described in subparagraph (B). 

(2) An additional set of death benefits for each member of 

the uniformed services who dies in the line of duty while on active duty that includes, at a minimum, an additional death 

gratuity in the amount that— 

(A) in the case of a member not described in subparagraph (B), is equal to the sum of—

(i) the total amount of the basic pay to which the 

deceased member would have been entitled under section 204 of title 37, United States Code, if the member 

had not died and had continued to serve on active duty 

for an additional year; and 

(ii) the total amount of all allowances and special 

pays that the member would have been entitled to receive under title 37, United States Code, over the oneyear period beginning on the member’s date of death as 

if the member had not died and had continued to serve 

on active duty for an additional year with the unit to 

which the member was assigned or detailed on such 

date; and 

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(B) in the case of a member who dies as a result of an 

injury caused by or incurred while exposed to hostile action 

(including any hostile fire or explosion and any hostile action from a terrorist source), is equal to twice the amount 

calculated under subparagraph (A). 

(3) Any other new death benefits or enhancement of existing 

death benefits that the President recommends. 

(4) Retroactive applicability of the benefits referred to in 

paragraph (2) and, as appropriate, the benefits recommended 

under paragraph (3) so as to provide the benefits—

(A) for members of the uniformed services who die in 

line of duty on or after October 7, 2001, of a cause incurred 

or aggravated while deployed in support of Operation Enduring Freedom; and

(B) for members of the uniformed services who die in 

line of duty on or after March 19, 2003, of a cause incurred 

or aggravated while deployed in support of Operation Iraqi 

Freedom. 

(d) CONSULTATION.—The President shall consult with the Secretary of Defense and the Secretary of Veterans Affairs in developing 

the assessments and recommendations required under subsection 

(c). 

(e) FISCAL YEAR 2006 BUDGET SUBMISSION.—The budget for 

fiscal year 2006 that is transmitted to Congress under section 

1105(a) of title 31, United States Code, shall include assessments 

and recommendations on legislation (other than draft appropriations) that includes provisions that, on the basis of the assumption 

that any draft legislation transmitted under subsection (c) would be 

enacted and would take effect in fiscal year 2006—

(1) would offset fully the increased outlays that would result from enactment of the provisions of any draft legislation 

transmitted under subsection (c), for fiscal year 2006 and each 

of the succeeding nine fiscal years; 

(2) expressly state that they are proposed for the purpose of 

the offset described in paragraph (1); and 

(3) are included in full in the estimates that are made by 

the Director of the Congressional Budget Office and the Director 

of the Office of Management and Budget under section 252(d) 

of the Balanced Budget and Emergency Deficit Control Act of 

1985 (2 U.S.C. 902(d)) with respect to the fiscal years referred 

to in paragraph (1). 

(f) EARLY SUBMISSION OF PROPOSAL FOR ADDITIONAL DEATH

BENEFITS.—Congress urges the President to transmit any draft of 

legislation for the additional set of death benefits under paragraph 

(2) of subsection (c) before the time for submission required under 

that subsection and as soon as is practicable after the date of the 

enactment of this Act.

SEC. 644. PHASED ELIMINATION OF TWO-TIER ANNUITY COMPUTATION FOR SURVIVING SPOUSES UNDER SURVIVOR BENEFIT PLAN. 

(a) PHASED INCREASE IN BASIC ANNUITY.— (1) STANDARD ANNUITY.— (A) INCREASE TO 55 PERCENT.—Clause (i) of subsection 

(a)(1)(B) of section 1451 of title 10, United States Code, is 

amended by striking ‘‘35 percent of the base amount.’’ and 

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inserting ‘‘the product of the base amount and the percent 

applicable to the month, as follows: 

‘‘(I) For a month before October 2005, the applicable percent is 35 percent. 

‘‘(II) For months after September 2005 and before 

April 2006, the applicable percent is 40 percent. 

‘‘(III) For months after March 2006 and before 

April 2007, the applicable percent is 45 percent. 

‘‘(IV) For months after March 2007 and before 

April 2008, the applicable percent is 50 percent. 

‘‘(V) For months after March 2008, the applicable 

percent is 55 percent.’’. 

(B) COORDINATION WITH SAVINGS PROVISION UNDER

PRIOR LAW.—Clause (ii) of such subsection is amended by 

striking ‘‘, at the time the beneficiary becomes entitled to 

the annuity,’’. 

(2) RESERVE-COMPONENT ANNUITY.—Subsection 

(a)(2)(B)(i)(I) of such section is amended by striking ‘‘35 percent’’ and inserting ‘‘the percent specified under subsection 

(a)(1)(B)(i) as being applicable for the month’’. 

(3) SURVIVORS OF ELIGIBLE PERSONS DYING ON ACTIVE

DUTY, ETC.—

(A) INCREASE TO 55 PERCENT.—Clause (i) of subsection 

(c)(1)(B) of such section is amended—

(i) by striking ‘‘35 percent’’ and inserting ‘‘the applicable percent’’; and 

(ii) by adding at the end the following: ‘‘The percent applicable for a month under the preceding sentence is the percent specified under subsection 

(a)(1)(B)(i) as being applicable for that month.’’. 

(B) COORDINATION WITH SAVINGS PROVISION UNDER

PRIOR LAW.—Clause (ii) of such subsection is amended by 

striking ‘‘, at the time the beneficiary becomes entitled to 

the annuity,’’. 

(4) CLERICAL AMENDMENT.—The heading for subsection 

(d)(2)(A) of such section is amended to read as follows: ‘‘COM- PUTATION OF ANNUITY.—’’. 

(b) CORRESPONDING PHASED ELIMINATION OF SUPPLEMENTAL

ANNUITY.—

(1) PHASED REDUCTION OF SUPPLEMENTAL ANNUITY.—Section 1457(b) of title 10, United States Code, is amended—

(A) by striking ‘‘5, 10, 15, or 20 percent’’ and inserting 

‘‘the applicable percent’’; and 

(B) by inserting after the first sentence the following: 

‘‘The percent used for the computation shall be an even 

multiple of 5 percent and, whatever the percent specified in 

the election, may not exceed 20 percent for months before 

October 2005, 15 percent for months after September 2005 

and before April 2006, 10 percent for months after March 

2006 and before April 2007, and 5 percent for months after 

March 2007 and before April 2008.’’. 

(2) REPEAL UPON IMPLEMENTATION OF 55 PERCENT SBP AN- NUITY.—Effective on April 1, 2008, chapter 73 of such title is 

amended—

(A) by striking subchapter III; and 

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(B) by striking the item relating to subchapter III in 

the table of subchapters at the beginning of that chapter. 

(c) RECOMPUTATION OF ANNUITIES.—

(1) PERIODIC RECOMPUTATION REQUIRED.—Effective on the 

first day of each month specified in paragraph (2)—

(A) each annuity under section 1450 of title 10, United 

States Code, that commenced before that month, is computed under a provision of section 1451 of that title amended by subsection (a), and is payable for that month shall 

be recomputed so as to be equal to the amount that would 

be in effect if the percent applicable for that month under 

that provision, as so amended, had been used for the initial 

computation of the annuity; and 

(B) each supplemental survivor annuity under section 

1457 of such title that commenced before that month and 

is payable for that month shall be recomputed so as to be 

equal to the amount that would be in effect if the percent 

applicable for that month under that section, as amended 

by this section, had been used for the initial computation 

of the supplemental survivor annuity. 

(2) TIME FOR RECOMPUTATION.—The requirement under 

paragraph (1) for recomputation of certain annuities applies 

with respect to the following months: 

(A) October 2005. 

(B) April 2006. 

(C) April 2007. 

(D) April 2008. 

(d) TERMINATION OF RETIRED PAY REDUCTIONS FOR SUPPLEMENTAL SURVIVOR ANNUITIES.—(1) Except as provided in paragraph (2), there shall be no reduction in retired pay under section 

1460 of title 10, United States Code, for any month beginning after 

the date of the enactment of this Act.

(2) Reductions in retired pay under section 1460 of title 10, 

United States Code, shall be made for months after September 2005 

in the case of coverage under subchapter III of chapter 73 of title 

10, United States Code, that is provided (for new coverage or increased coverage) through an election under the open season provided by section 645. The Secretary of Defense shall take such actions as are necessitated by the amendments made by subsection (b) 

and the requirements of subsection (c)(1)(B) to ensure that reductions in retired pay under section 1460 of title 10, United States 

Code, pursuant to the preceding sentence are adjusted to achieve the 

objectives set forth in subsection (b) of that section.

SEC. 645. ONE-YEAR OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN COMMENCING OCTOBER 1, 2005. 

(a) PERSONS NOT CURRENTLY PARTICIPATING IN SURVIVOR

BENEFIT PLAN.—

(1) ELECTION OF SBP COVERAGE.—An eligible retired or 

former member may elect to participate in the Survivor Benefit 

Plan during the open enrollment period specified in subsection 

(f). 

(2) ELECTION OF SUPPLEMENTAL ANNUITY COVERAGE.—An 

eligible retired or former member who elects under paragraph 

(1) to participate in the Survivor Benefit Plan at the maximum 

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level may also elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan. 

(3) ELIGIBLE RETIRED OR FORMER MEMBER.—For purposes 

of paragraphs (1) and (2), an eligible retired or former member 

is a member or former member of the uniformed services who 

on the day before the first day of the open enrollment period is 

not a participant in the Survivor Benefit Plan and—

(A) is entitled to retired pay; or 

(B) would be entitled to retired pay under chapter 1223 

of title 10, United States Code, but for the fact that such 

member or former member is under 60 years of age. 

(4) STATUS UNDER SBP OF PERSONS MAKING ELECTIONS.—

(A) STANDARD ANNUITY.—A person making an election 

under paragraph (1) by reason of eligibility under paragraph (3)(A) shall be treated for all purposes as providing 

a standard annuity under the Survivor Benefit Plan. 

(B) RESERVE-COMPONENT ANNUITY.—A person making 

an election under paragraph (1) by reason of eligibility 

under paragraph (3)(B) shall be treated for all purposes as 

providing a reserve-component annuity under the Survivor 

Benefit Plan. 

(b) ELECTION TO INCREASE COVERAGE UNDER SBP.—A person 

who on the day before the first day of the open enrollment period 

is a participant in the Survivor Benefit Plan but is not participating 

at the maximum base amount or is providing coverage under the 

Plan for a dependent child and not for the person’s spouse or former 

spouse may, during the open enrollment period, elect to—

(1) participate in the Plan at a higher base amount (not in 

excess of the participant’s retired pay); or 

(2) provide annuity coverage under the Plan for the person’s 

spouse or former spouse at a base amount not less than the base 

amount provided for the dependent child. 

(c) ELECTION FOR CURRENT SBP PARTICIPANTS TO PARTICIPATE

IN SUPPLEMENTAL SBP.— 

(1) ELECTION.—A person who is eligible to make an election 

under this paragraph may elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan. 

(2) PERSONS ELIGIBLE.—Except as provided in paragraph 

(3), a person is eligible to make an election under paragraph (1) 

if on the day before the first day of the open enrollment period 

the person is a participant in the Survivor Benefit Plan at the 

maximum level, or during the open enrollment period the person increases the level of such participation to the maximum 

level under subsection (b) of this section, and under that Plan 

is providing annuity coverage for the person’s spouse or a 

former spouse. 

(3) LIMITATION ON ELIGIBILITY FOR CERTAIN SBP PARTICI- PANTS NOT AFFECTED BY TWO-TIER ANNUITY COMPUTATION.—A 

person is not eligible to make an election under paragraph (1) 

if (as determined by the Secretary concerned) the annuity of a 

spouse or former spouse beneficiary of that person under the 

Survivor Benefit Plan is to be computed under section 1451(e) 

of title 10, United States Code. However, such a person may 

during the open enrollment period waive the right to have that 

annuity computed under such section 1451(e). Any such election 

154

is irrevocable. A person making such a waiver may make an 

election under paragraph (1) as in the case of any other participant in the Survivor Benefit Plan. 

(d) MANNER OF MAKING ELECTIONS.—An election under this 

section shall be made in writing, signed by the person making the 

election, and received by the Secretary concerned before the end of 

the open enrollment period. Any such election shall be made subject 

to the same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that apply 

under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. A person making an election under 

subsection (a) to provide a reserve-component annuity shall make a 

designation described in section 1448(e) of title 10, United States 

Code. 

(e) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall 

be effective as of the first day of the first calendar month following 

the month in which the election is received by the Secretary concerned. 

(f) OPEN ENROLLMENT PERIOD.—The open enrollment period 

under this section is the one-year period beginning on October 1, 

2005. 

(g) EFFECT OF DEATH OF PERSON MAKING ELECTION WITHIN

TWO YEARS OF MAKING ELECTION.—If a person making an election 

under this section dies before the end of the two-year period beginning on the effective date of the election, the election is void and the 

amount of any reduction in retired pay of the person that is attributable to the election shall be paid in a lump sum to the person who 

would have been the deceased person’s beneficiary under the voided 

election if the deceased person had died after the end of such twoyear period. 

(h) APPLICABILITY OF CERTAIN PROVISIONS OF LAW.—The provisions of sections 1449, 1453, and 1454 of title 10, United States 

Code, are applicable to a person making an election, and to an election, under this section in the same manner as if the election were 

made under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. 

(i) PREMIUM FOR OPEN ENROLLMENT ELECTION.— (1) PREMIUMS TO BE CHARGED.—The Secretary of Defense 

shall prescribe in regulations premiums which a person electing 

under this section shall be required to pay for participating in 

the Survivor Benefit Plan pursuant to the election. The total 

amount of the premiums to be paid by a person under the regulations shall be equal to the sum of—

(A) the total amount by which the retired pay of the 

person would have been reduced before the effective date of 

the election if the person had elected to participate in the 

Survivor Benefit Plan (for the same base amount specified 

in the election) at the first opportunity that was afforded 

the member to participate under chapter 73 of title 10, 

United States Code; 

(B) interest on the amounts by which the retired pay of 

the person would have been so reduced, computed from the 

dates on which the retired pay would have been so reduced 

at such rate or rates and according to such methodology as 

the Secretary of Defense determines reasonable; and 

155

(C) any additional amount that the Secretary determines necessary to protect the actuarial soundness of the 

Department of Defense Military Retirement Fund against 

any increased risk for the fund that is associated with the 

election. 

(2) PREMIUMS TO BE CREDITED TO RETIREMENT FUND.—Premiums paid under the regulations under paragraph (1) shall be 

credited to the Department of Defense Military Retirement 

Fund. 

(h) DEFINITIONS.—In this section: 

(1) The term ‘‘Survivor Benefit Plan’’ means the program 

established under subchapter II of chapter 73 of title 10, United 

States Code. 

(2) The term ‘‘Supplemental Survivor Benefit Plan’’ means 

the program established under subchapter III of chapter 73 of 

title 10, United States Code. 

(3) The term ‘‘retired pay’’ includes retainer pay paid under 

section 6330 of title 10, United States Code. 

(4) The terms ‘‘uniformed services’’ and ‘‘Secretary concerned’’ have the meanings given those terms in section 101 of 

title 37, United States Code. 

(5) The term ‘‘Department of Defense Military Retirement 

Fund’’ means the Department of Defense Military Retirement 

Fund established under section 1461(a) of title 10, United 

States Code.

Subtitle E—Commissary and Nonappropriated Fund 

Instrumentality Benefits

SEC. 651. CONSOLIDATION AND REORGANIZATION OF LEGISLATIVE 

PROVISIONS REGARDING DEFENSE COMMISSARY SYSTEM 

AND EXCHANGES AND OTHER MORALE, WELFARE, AND 

RECREATION ACTIVITIES. 

(a) PROVISIONS RELATED TO COMMISSARY STORES.—Chapter 

147 of title 10, United States Code, is amended—

(1) by striking the table of sections at the beginning of the 

chapter and sections 2481, 2483, 2485, and 2487; 

(2) by redesignating sections 2482, 2484, and 2486 as sections 2485, 2483 and 2484, respectively; 

(3) by inserting after the chapter heading the following:

‘‘Subchapter Sec. 

‘‘I. Defense Commissary and Exchange Systems .................................................. 2481

‘‘II. Relationship, Continuation, and Common Policies of Defense Commissary 

and Exchange Systems .......................................................... 2487

‘‘III. Morale, Welfare, and Recreation Programs and Nonappropriated Fund 

Instrumentalities .................................................................... 2491

‘‘SUBCHAPTER I—DEFENSE COMMISSARY AND EXCHANGE 

SYSTEMS

‘‘Sec. 

‘‘2481. Defense commissary and exchange systems: existence and purpose 

‘‘2482. Commissary stores: criteria for establishment or closure; store size. 

‘‘2483. Commissary stores: use of appropriated funds to cover operating expenses. 

‘‘2484. Commissary stores: merchandise that may be sold; uniform surcharges and 

pricing. 

‘‘2485. Commissary stores: operation.

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‘‘§ 2481. Defense commissary and exchange systems: existence 

and purpose 

‘‘(a) SEPARATE SYSTEMS.—The Secretary of Defense shall operate, in the manner provided by this chapter and other provisions of 

law, a world-wide system of commissary stores and a separate 

world-wide system of exchange stores. The stores of each system may 

sell, at reduced prices, food and other merchandise to members of 

the uniformed services on active duty, members of the uniformed 

services entitled to retired pay, dependents of such members, and 

persons authorized to use the system under chapter 54 of this title. 

‘‘(b) PURPOSE OF SYSTEMS.—The defense commissary system 

and the exchange system are intended to enhance the quality of life 

of members of the uniformed services, retired members, and dependents of such members, and to support military readiness, recruitment, and retention. 

‘‘(c) OVERSIGHT.—(1) The Secretary of Defense shall designate a 

senior official of the Department of Defense to oversee the operation 

of both the defense commissary system and the exchange system. 

‘‘(2) The Secretary of Defense shall establish an executive governing body to provide advice to the senior official designated under 

paragraph (1) regarding the operation of the defense commissary 

and exchange systems and to ensure the complementary operation 

of the systems. 

‘‘(d) REDUCED PRICES DEFINED.—In this section, the term ‘reduced prices’ means prices for food and other merchandise determined using the price setting process specified in section 2484 of 

this title. 

‘‘§ 2482. Commissary stores: criteria for establishment or closure; store size 

‘‘(a) PRIMARY CONSIDERATION FOR ESTABLISHMENT.—The needs 

of members of the armed forces on active duty and the needs of dependents of such members shall be the primary consideration whenever the Secretary of Defense—

‘‘(1) assesses the need to establish a commissary store; and 

‘‘(2) selects the actual location for the store. 

‘‘(b) STORE SIZE.—In determining the size of a commissary 

store, the Secretary of Defense shall take into consideration the 

number of all authorized patrons of the defense commissary system 

who are likely to use the store. 

‘‘(c) CLOSURE CONSIDERATIONS.—(1) Whenever assessing whether to close a commissary store, the effect of the closure on the quality 

of life of members and dependents referred to in subsection (a) who 

use the store and on the welfare and security of the military community in which the commissary is located shall be a primary consideration. 

‘‘(2) Whenever assessing whether to close a commissary store, 

the Secretary of Defense shall also consider the effect of the closure 

on the quality of life of members of the reserve components of the 

armed forces. 

‘‘(d) CONGRESSIONAL NOTIFICATION.—(1) The closure of a commissary store shall not take effect until the end of the 90-day period 

beginning on the date on which the Secretary of Defense submits to 

Congress written notice of the reasons supporting the closure. The 

written notice shall include an assessment of the impact closure will 

157

have on the quality of life for military patrons and the welfare and 

security of the military community in which the commissary is located. 

‘‘(2) Paragraph (1) shall not apply in the case of the closure of 

a commissary store as part of the closure of a military installation 

under a base closure law.’’; 

(4) by inserting sections 2483 and 2484, as redesignated by 

paragraph (2), after section 2482, as added by paragraph (3); 

(5) in section 2484, as redesignated by paragraph (2)—

(A) by striking subsections (a), (b), (c), and (g); 

(B) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; 

(C) by inserting before subsection (f), as so redesignated, the following new subsections: 

‘‘(a) IN GENERAL.—As provided in section 2481(a) of this title, 

commissary stores are intended to be similar to commercial grocery 

stores and may sell merchandise similar to that sold in commercial 

grocery stores.

‘‘(b) AUTHORIZED COMMISSARY MERCHANDISE CATEGORIES.—

Merchandise sold in, at, or by commissary stores may include items 

in the following categories: 

‘‘(1) Meat, poultry, seafood, and fresh-water fish. 

‘‘(2) Nonalcoholic beverages. 

‘‘(3) Produce. 

‘‘(4) Grocery food, whether stored chilled, frozen, or at room 

temperature. 

‘‘(5) Dairy products. 

‘‘(6) Bakery and delicatessen items. 

‘‘(7) Nonfood grocery items. 

‘‘(8) Tobacco products. 

‘‘(9) Health and beauty aids. 

‘‘(10) Magazines and periodicals. 

‘‘(c) INCLUSION OF OTHER MERCHANDISE ITEMS.—(1) The Secretary of Defense may authorize the sale in, at, or by commissary 

stores of merchandise not covered by a category specified in subsection (b). The Secretary shall notify Congress of all merchandise 

authorized for sale pursuant to this paragraph, as well as the removal of any such authorization. 

‘‘(2) Notwithstanding paragraph (1), the Department of Defense 

military resale system shall continue to maintain the exclusive right 

to operate convenience stores, shopettes, and troop stores, including 

such stores established to support contingency operations. 

‘‘(3) A military exchange shall be the vendor for the sale of tobacco products in commissary stores and may be the vendor for 

such merchandise as may be authorized for sale in commissary 

stores under paragraph (1). Subsections (d) and (e) shall not apply 

to the pricing of such an item when a military exchange serves as 

the vendor of the item. Commissary store and exchange prices shall 

be comparable for such an item. 

‘‘(d) UNIFORM SALES PRICE SURCHARGE.—The Secretary of Defense shall apply a uniform surcharge equal to five percent on the 

sales prices established under subsection (e) for each item of merchandise sold in, at, or by commissary stores.’’; 

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(D) in subsection (e), as so redesignated, by striking 

‘‘(consistent with this section and section 2685 of this title)’’ 

in paragraph (1); 

(E) in subsection (g), as so redesignated, by striking 

‘‘Subsections (c) and (d)’’ and inserting ‘‘Subsections (d) 

and (e)’’; and 

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

‘‘(h) USE OF SURCHARGE FOR CONSTRUCTION, REPAIR, IMPROVE- MENT, AND MAINTENANCE.—(1)(A) The Secretary of Defense may use 

the proceeds from the surcharges imposed under subsection (d) 

only—

‘‘(i) to acquire (including acquisition by lease), construct, 

convert, expand, improve, repair, maintain, and equip the physical infrastructure of commissary stores and central product 

processing facilities of the defense commissary system; and 

‘‘(ii) to cover environmental evaluation and construction 

costs related to activities described in clause (i), including costs 

for surveys, administration, overhead, planning, and design. 

‘‘(B) In subparagraph (A), the term ‘physical infrastructure’ includes real property, utilities, and equipment (installed and free 

standing and including computer equipment), necessary to provide 

a complete and usable commissary store or central product processing facility. 

‘‘(2)(A) The Secretary of Defense may authorize a nonappropriated fund instrumentality of the United States to enter into 

a contract for construction of a shopping mall or similar facility for 

a commissary store and one or more nonappropriated fund instrumentality activities. The Secretary may use the proceeds of surcharges under subsection (d) to reimburse the nonappropriated fund 

instrumentality for the portion of the cost of the contract that is attributable to construction of the commissary store or to pay the contractor directly for that portion of such cost. 

‘‘(B) In subparagraph (A), the term ‘construction’, with respect 

to a facility, includes acquisition, conversion, expansion, installation, or other improvement of the facility. 

‘‘(3) The Secretary of Defense, with the approval of the Director 

of the Office of Management and Budget, may obligate anticipated 

proceeds from the surcharges under subsection (d) for any use specified in paragraph (1) or (2), without regard to fiscal year limitations, if the Secretary determines that such obligation is necessary 

to carry out any use of such adjustments or surcharges specified in 

such paragraph. 

‘‘(4) Revenues received by the Secretary of Defense from the following sources or activities of commissary store facilities shall be 

available for the purposes set forth in paragraphs (1), (2), and (3): 

‘‘(A) Sale of recyclable materials. 

‘‘(B) Sale of excess and surplus property. 

‘‘(C) License fees. 

‘‘(D) Royalties. 

‘‘(E) Fees paid by sources of products in order to obtain favorable display of the products for resale, known as business related management fees.’’; 

(6) by inserting section 2485, as redesignated by paragraph 

(2), after section 2484, as amended by paragraph (5); and 

(7) in section 2485, as redesignated by paragraph (2)—

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(A) in subsection (b)(2), by striking ‘‘section 2484’’ and 

inserting ‘‘section 2483’’; 

(B) in subsection (c)(2), by adding at the end the following new sentences: ‘‘The chairman of the governing 

board shall be a commissioned officer or member of the 

senior executive service who has demonstrated experience or 

knowledge relevant to the management of the defense commissary system. In selecting other members of the governing board, the Secretary shall give priority to persons 

with experience related to logistics, military personnel, military entitlements or other experiences of value of management of commissaries.’’; and 

(C) by adding at the end the following new subsections: 

‘‘(d) ASSIGNMENT OF ACTIVE DUTY MEMBERS.—(1) Except as 

provided in paragraph (2), members of the armed forces on active 

duty may not be assigned to the operation of a commissary store. 

‘‘(2)(A) The Secretary of Defense may assign an officer on the active-duty list to serve as the Director of the Defense Commissary 

Agency. 

‘‘(B) Not more than 18 members (in addition to the officer referred to in subparagraph (A)) of the armed forces on active duty 

may be assigned to the Defense Commissary Agency. Members who 

may be assigned under this subparagraph to regional headquarters 

of the agency shall be limited to enlisted members assigned to duty 

as advisers in the regional headquarters responsible for overseas 

commissaries and to veterinary specialists. 

‘‘(e) REIMBURSEMENT FOR USE OF COMMISSARY FACILITIES BY

MILITARY DEPARTMENTS.—(1) The Secretary of a military department shall pay the Defense Commissary Agency the amount determined under paragraph (2) for any use of a commissary facility by 

the military department for a purpose other than commissary sales 

or operations in support of commissary sales. 

‘‘(2) The amount payable under paragraph (1) for use of a commissary facility by a military department shall be equal to the share 

of depreciation of the facility that is attributable to that use, as determined under regulations prescribed by the Secretary of Defense. 

‘‘(3) The Director of the Defense Commissary Agency shall credit 

amounts paid under paragraph (1) for use of a facility to an appropriate account to which proceeds of a surcharge applied under section 2484(d) of this title are credited. 

‘‘(4) This subsection applies with respect to a commissary facility that is acquired, constructed, converted, expanded, installed, or 

otherwise improved (in whole or in part) with the proceeds of a surcharge applied under section 2484(d) of this title. 

‘‘(f) DONATION OF UNUSABLE FOOD.—(1) The Secretary of Defense may donate food described in paragraph (2) to any of the following entities: 

‘‘(A) A charitable nonprofit food bank that is designated by 

the Secretary of Defense or the Secretary of Health and Human 

Services as authorized to receive such donations. 

‘‘(B) A State or local agency that is designated by the Secretary of Defense or the Secretary of Health and Human Services as authorized to receive such donations. 

‘‘(C) A chapter or other local unit of a recognized national 

veterans organization that provides services to persons without 

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adequate shelter and is designated by the Secretary of Veterans 

Affairs as authorized to receive such donations. 

‘‘(D) A not-for-profit organization that provides care for 

homeless veterans and is designated by the Secretary of Veterans Affairs as authorized to receive such donations. 

‘‘(2) Food that may be donated under this subsection is commissary store food, mess food, meals ready-to-eat (MREs), rations 

known as humanitarian daily rations (HDRs), and other food available to the Secretary of Defense that—

‘‘(A) is certified as edible by appropriate food inspection 

technicians; 

‘‘(B) would otherwise be destroyed as unusable; and 

‘‘(C) in the case of commissary store food, is unmarketable 

and unsaleable. 

‘‘(3) In the case of commissary store food, a donation under this 

subsection shall take place at the site of the commissary store that 

is donating the food. 

‘‘(4) This subsection does not authorize any service (including 

transportation) to be provided in connection with a donation under 

this subsection. 

‘‘(g) COLLECTION OF DISHONORED CHECKS.—(1) The Secretary 

of Defense may impose a charge for the collection of a check accepted at a commissary store that is not honored by the financial institution on which the check is drawn. The imposition and amounts 

of charges shall be consistent with practices of commercial grocery 

stores regarding dishonored checks.

‘‘(2)(A) The following persons are liable to the United States for 

the amount of a check referred to in paragraph (1) that is returned 

unpaid to the United States, together with any charge imposed 

under that paragraph: 

‘‘(i) The person who presented the check. 

‘‘(ii) Any person whose status and relationship to the person 

who presented the check provide the basis for that person’s eligibility to make purchases at a commissary store. 

‘‘(B) Any amount for which a person is liable under subparagraph (A) may be collected by deducting and withholding such 

amount from any amounts payable to that person by the United 

States. 

‘‘(3) Amounts collected as charges imposed under paragraph (1) 

shall be credited to the commissary trust revolving fund. 

‘‘(4) Appropriated funds may be used to pay any costs incurred 

in the collection of checks and charges referred to in paragraph (1). 

An appropriation account charged a cost under the preceding sentence shall be reimbursed the amount of that cost out of funds in 

the commissary trust revolving fund. 

‘‘(5) In this subsection, the term ‘commissary trust revolving 

fund’ means the trust revolving fund maintained by the Department 

of Defense for surcharge collections and proceeds of sales of commissary stores. 

‘‘(h) RELEASE OF CERTAIN COMMERCIALLY VALUABLE INFORMA- TION TO PUBLIC.—(1) The Secretary of Defense may limit the release 

to the public of any information described in paragraph (2) if the 

Secretary determines that it is in the best interest of the Department 

of Defense to limit the release of such information. If the Secretary 

determines to limit the release of any such information, the SecVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00186 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
161

retary may provide for limited release of such information in accordance with paragraph (3). 

‘‘(2) Paragraph (1) applies to the following: 

‘‘(A) Information contained in the computerized business 

systems of commissary stores or the Defense Commissary Agency that is collected through or in connection with the use of electronic scanners in commissary stores, including the following 

information: 

‘‘(i) Data relating to sales of goods or services. 

‘‘(ii) Demographic information on customers. 

‘‘(iii) Any other information pertaining to commissary 

transactions and operations. 

‘‘(B) Business programs, systems, and applications (including software) relating to commissary operations that were developed with funding derived from commissary surcharges. 

‘‘(3)(A) The Secretary of Defense may, using competitive procedures, enter into a contract to sell information described in paragraph (2). 

‘‘(B) The Secretary of Defense may release, without charge, information on an item sold in commissary stores to the manufacturer 

or producer of that item or an agent of the manufacturer or producer. 

‘‘(C) The Secretary of Defense shall establish performance 

benchmarks and shall submit information on customer satisfaction 

and performance data to the Committee on Armed Services of the 

Senate and the Committee on Armed Services of the House of Representatives. 

‘‘(D) The Secretary of Defense may, by contract entered into with 

a business, grant to the business a license to use business programs 

referred to in paragraph (2)(B), including software used in or comprising any such program. The fee charged for the license shall be 

based on the costs of similar programs developed and marketed by 

businesses in the private sector, determined by means of surveys. 

‘‘(E) Each contract entered into under this paragraph shall 

specify the amount to be paid for information released or a license 

granted under the contract, as the case may be. 

‘‘(4) Information described in paragraph (2) may not be released, under paragraph (3) or otherwise, in a form that identifies 

any customer or that provides information making it possible to 

identify any customer. 

‘‘(5) Amounts received by the Secretary under this section shall 

be credited to funds derived from commissary surcharges applied 

under section 2484(e) of this title, shall be merged with those funds, 

and shall be available for the same purposes as the funds with 

which merged.’’. 

(b) RELATION BETWEEN DEFENSE COMMISSARY AND EXCHANGE

SYSTEMS.—Chapter 147 of title 10, United States Code, is further 

amended—

(1) by inserting after section 2485, as amended by subsection (a)(7), the following: 

‘‘SUBCHAPTER II—RELATIONSHIP, CONTINUATION, AND 

COMMON POLICIES OF DEFENSE COMMISSARY AND EXCHANGE SYSTEMS

‘‘Sec. 

162

‘‘2487. Relationship between defense commissary system and exchange stores system. 

‘‘2488. Combined exchange and commissary stores. 

‘‘2489. Overseas commissary and exchange stores: access and purchase restrictions.

‘‘§ 2487. Relationship between defense commissary system and 

exchange stores system 

‘‘(a) SEPARATE OPERATION OF SYSTEMS.—(1) Except as provided 

in paragraph (2), the defense commissary system and the exchange 

stores system shall be operated as separate systems of the Department of Defense. 

‘‘(2) Paragraph (1) does not apply to the following: 

‘‘(A) Combined exchange and commissary stores operated 

under the authority provided by section 2489 of this title. 

‘‘(B) NEXMART stores of the Navy Exchange Service Command established before October 1, 2003. 

‘‘(b) CONSOLIDATION OR OTHER ORGANIZATIONAL CHANGES OF

DEFENSE RETAIL SYSTEMS.—(1) The operation and administration 

of the defense retail systems may not be consolidated or otherwise 

merged unless the consolidation or merger is specifically authorized 

by an Act of Congress. 

‘‘(2) In this subsection, the term ‘defense retail systems’ means 

the defense commissary system and exchange stores system and 

other revenue-generating facilities operated by nonappropriated 

fund instrumentalities of the Department of Defense for the morale, 

welfare, and recreation of members of the armed forces.’’; 

(2) by redesignating sections 2488, 2489, 2489a as sections 

2495, 2495a, and 2495b, respectively; and 

(3) by redesignating sections 2490a and 2492 as sections 

2488 and 2489, respectively, and inserting such sections after 

section 2487, as added by paragraph (1). 

(c) MWR PROGRAMS AND NONAPPROPRIATED FUND INSTRUMENTALITIES.—Chapter 147 of title 10, United States Code, is further 

amended—

(1) by inserting after section 2489, as redesignated and 

moved by subsection (b)(3), the following: 

‘‘SUBCHAPTER III—MORALE, WELFARE, AND RECREATION 

PROGRAMS AND NONAPPROPRIATED FUND INSTRUMENTALITIES

‘‘Sec. 

‘‘2491. Uniform funding and management of morale, welfare, and recreation programs. 

‘‘2491a. Department of Defense golf courses: limitation on use of appropriated funds. 

‘‘2491b. Use of appropriated funds for operation of Armed Forces Recreation Center, 

Europe: limitation. 

‘‘2491c. Retention of morale, welfare, and recreation funds by military installations: 

limitation. 

‘‘2492. Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide and obtain goods and services. 

‘‘2493. Fisher Houses: administration as nonappropriated fund instrumentality. 

‘‘2494. Nonappropriated fund instrumentalities: furnishing utility services for morale, 

welfare, and recreation purposes. 

‘‘2495. Nonappropriated fund instrumentalities: purchase of alcoholic beverages. 

‘‘2495a. Overseas package stores: treatment of United States wines. 

‘‘2495b. Sale or rental of sexually explicit material prohibited.’’;

(2) by redesignating section 2494 as section 2491 and inserting such section after the table of sections at the beginning 

of subchapter III, as added by paragraph (1); 

163

(3) by redesignating section 2482a as section 2492 and inserting such section before section 2493; 

(4) by inserting after section 2493 the following new section: 

‘‘§ 2494. Nonappropriated fund instrumentalities: furnishing 

utility services for morale, welfare, and recreation 

purposes 

‘‘Appropriations for the Department of Defense may be used to 

provide utility services for—

‘‘(1) buildings on military installations authorized by regulation to be used for morale, welfare, and recreation purposes; 

and 

‘‘(2) other morale, welfare, and recreation activities for 

members of the armed forces.’’; and 

(5) by inserting sections 2495, 2495a, and 2495b, as redesignated by subsection (b)(2), after section 2494, as added by 

paragraph (4). 

(d) INCLUSION OF OTHER TITLE 10 PROVISIONS.—Sections 2246, 

2247, and 2219 of title 10, United States Code, are—

(1) transferred to chapter 147 of such title; 

(2) inserted after section 2491, as redesignated and moved 

by subsection (c)(2); and 

(3) redesignated as sections 2491a, 2491b, and 2491c, respectively. 

(e) CONFORMING AMENDMENTS.—(1) Section 977 of title 10, 

United States Code, is repealed. 

(2) Section 2868 of such title is amended by striking ‘‘for—’’ and 

all that follows through the period at the end and inserting ‘‘for 

buildings constructed at private cost, as authorized by law.’’. 

(3) Section 367 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 

1987; 10 U.S.C. 2482 note) is repealed. 

(f) CLERICAL AMENDMENTS.—(1) The table of sections at the beginning of chapter 49 of title 10, United States Code, is amended 

by striking the item relating to section 977. 

(2) The table of sections at the beginning of chapter 131 of such 

title is amended by striking the item relating to section 2219. 

(3) The table of sections at the beginning of subchapter I of 

chapter 134 of such title is amended by striking the items relating 

to sections 2246 and 2247. 

(g) TEST PROGRAM OF SALE OF CERTAIN ITEMS IN COMMISSARY

STORES.—(1) The Secretary of Defense may conduct a test program 

involving the sale of telephone cards, film, and one-time use cameras in not less than 10 commissary stores for a period selected by 

the Secretary, but not less than six months. 

(2) Within 90 days after the completion of the first year of the 

test program or within 90 days after the completion of the test program, whichever occurs first, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives a report containing 

the results of the test program. The report shall include an analysis 

of the impact of the sale of such items on the exchange dividend and 

such recommendations as the Secretary considers appropriate regarding legislative changes necessary to expand the sale of such 

items in commissary stores. 

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(h) COMPTROLLER GENERAL STUDY.—(1) The Comptroller General shall conduct a study evaluating the impact that the expansion 

of the categories of merchandise authorized for sale in commissary 

stores has on the exchange dividend. The Comptroller General shall 

determine the amounts derived from exchange sales and allocated 

as exchange dividends during the five-year period ending on September 30, 2004, and the morale, welfare, and recreation programs 

supported using such dividends. 

(2) The Secretary shall submit the results of the study to the 

Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives not later than 

March 31, 2006.

SEC. 652. CONSISTENT STATE TREATMENT OF DEPARTMENT OF DEFENSE NONAPPROPRIATED FUND HEALTH BENEFITS PROGRAM. 

Section 349 of the National Defense Authorization Act for Fiscal 

Year 1995 (Public Law 103–337; 10 U.S.C. 1587 note) is amended 

by adding at the end the following new subsection: 

‘‘(c) TREATMENT OF PROGRAM AS FEDERAL HEALTH BENEFIT

PROGRAM.—(1) No State tax, fee, other monetary payment, or State 

health plan requirement, may be imposed, directly or indirectly, on 

the Nonappropriated Fund Uniform Health Benefits Program of the 

Department of Defense, or on a carrier or an underwriting or plan 

administration contractor of the Program, to the same extent as 

such prohibition applies to the health insurance program authorized 

by chapter 89 of title 5, United States Code, under section 8909(f) 

of such title. 

‘‘(2) Paragraph (1) shall not be construed to exempt the Nonappropriated Fund Uniform Health Benefits Program of the Department of Defense, or any carrier or underwriting or plan administration contractor of the Program from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income 

or profit accruing to, or realized by, the Program or by such carrier 

or contractor from business conducted under the Program, so long 

as the tax, fee, or payment is applicable to a broad range of business 

activity. 

‘‘(3) In this subsection, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto 

Rico, the United States Virgin Islands, Guam, American Samoa, 

and the Commonwealth of the Northern Mariana Islands, and any 

political subdivision or other non-Federal authority thereof.’’.

Subtitle F—Other Matters

SEC. 661. ELIGIBILITY OF MEMBERS FOR REIMBURSEMENT OF EXPENSES INCURRED FOR ADOPTION PLACEMENTS MADE 

BY FOREIGN GOVERNMENTS. 

Section 1052(g)(3) of title 10, United States Code, is amended 

by adding at the end the following new subparagraph: 

‘‘(D) A foreign government or an agency authorized by 

a foreign government to place children for adoption, in any 

case in which—

‘‘(i) the adopted child is entitled to automatic citizenship under section 320 of the Immigration and Nationality Act (8 U.S.C. 1431); or 

165

‘‘(ii) a certificate of citizenship has been issued for 

such child under section 322 of that Act (8 U.S.C. 

1433).’’.

SEC. 662. CLARIFICATION OF EDUCATION LOANS QUALIFYING FOR 

EDUCATION LOAN REPAYMENT PROGRAM FOR RESERVE 

COMPONENT HEALTH PROFESSIONS OFFICERS. 

Section 16302(a)(5) of title 10, United States Code, is amended 

by inserting ‘‘a basic professional qualifying degree (as determined 

under regulations prescribed by the Secretary of Defense) or graduate education in’’ after ‘‘regarding’’.

SEC. 663. RECEIPT OF PAY BY RESERVISTS FROM CIVILIAN EMPLOYERS WHILE ON ACTIVE DUTY IN CONNECTION WITH A 

CONTINGENCY OPERATION. 

Section 209 of title 18, United States Code, is amended by adding at the end the following new subsection: 

‘‘(h) This section does not prohibit a member of the reserve components of the armed forces on active duty pursuant to a call or 

order to active duty under a provision of law referred to in section 

101(a)(13) of title 10 from receiving from any person that employed 

such member before the call or order to active duty any payment of 

any part of the salary or wages that such person would have paid 

the member if the member’s employment had not been interrupted 

by such call or order to active duty.’’.

SEC. 664. RELIEF FOR MOBILIZED RESERVISTS FROM CERTAIN FEDERAL AGRICULTURAL LOAN OBLIGATIONS. 

The Consolidated Farm and Rural Development Act is amended by inserting after section 331F (7 U.S.C. 1981f) the following new 

section: 

‘‘SEC. 332. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM CERTAIN AGRICULTURAL LOAN OBLIGATIONS. 

‘‘(a) DEFINITION OF MOBILIZED MILITARY RESERVIST.—In this 

section, the term ‘mobilized military reservist’ means an individual 

who—

‘‘(1) is on active duty under section 688, 12301(a), 12301(g), 

12302, 12304, 12306, or 12406, or chapter 15 of title 10, United 

States Code, or any other provision of law during a war or during a national emergency declared by the President or Congress, 

regardless of the location at which the active duty service is performed; or 

‘‘(2) in the case of a member of the National Guard, is on 

full-time National Guard duty (as defined in section 101(d)(5) 

of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of 

title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by 

Federal funds. 

‘‘(b) FORGIVENESS OF INTEREST PAYMENTS DUE WHILE BORROWER IS A MOBILIZED MILITARY RESERVIST.—Any requirement 

that a borrower of a direct loan made under this title make any interest payment on the loan that would otherwise be required to be 

made while the borrower is a mobilized military reservist is rescinded. 

‘‘(c) DEFERRAL OF PRINCIPAL PAYMENTS DUE WHILE OR AFTER

BORROWER IS A MOBILIZED MILITARY RESERVIST.—The due date of 

166

any payment of principal on a direct loan made to a borrower under 

this title that would otherwise be required to be made while or after 

the borrower is a mobilized military reservist is deferred for a period equal in length to the period for which the borrower is a mobilized military reservist. 

‘‘(d) NONACCRUAL OF INTEREST.—Interest on a direct loan made 

to a borrower described in this section shall not accrue during the 

period the borrower is a mobilized military reservist. 

‘‘(e) BORROWER NOT CONSIDERED TO BE DELINQUENT OR RECEIVING DEBT FORGIVENESS.—Notwithstanding section 373 or any 

other provision of this title, a borrower who receives assistance 

under this section shall not, as a result of the assistance, be considered to be delinquent or receiving debt forgiveness for purposes of 

receiving a direct or guaranteed loan under this title.’’.

SEC. 665. SURVEY AND ANALYSIS OF EFFECT OF EXTENDED AND FREQUENT MOBILIZATION OF RESERVISTS FOR ACTIVE DUTY 

SERVICE ON RESERVIST INCOME. 

(a) SURVEY OF MOBILIZED RESERVISTS TO DETERMINE DIFFERENTIAL BETWEEN PRIVATE SECTOR INCOME AND MILITARY COMPENSATION.—(1) The Secretary of Defense shall conduct a survey involving members of the reserve components who serve, or have 

served, on active duty in support of a contingency operation at any 

time during the period beginning on September 11, 2001, and ending on September 30, 2005, to determine the extent to which such 

members sustained a reduction in monthly income during their period of active duty service compared to their average monthly civilian income during the 12 months preceding their mobilization. 

(2) To the extent practicable, at least 50 percent of the total 

number of members of the reserve components who have served on 

active duty in support of a contingency operation at any time during 

the period specified in paragraph (1) should be included in the survey. To participate in the survey, a member shall agree to make 

available to the Secretary such information as the Secretary may require to accurately calculate the average monthly civilian income of 

the member. 

(b) CALCULATION OF INCOME DIFFERENTIAL.—In the case of 

each member participating in the survey under subsection (a) whose 

total monthly military compensation during the active duty service 

of the member was less, or appeared to be less, than the average 

monthly civilian income of the member, the Secretary of Defense, in 

cooperation with the member, shall calculate the monthly activeduty income differential for the member. 

(c) COLLECTION OF DEMOGRAPHIC DATA.—The Secretary of Defense shall collect demographic data regarding each member of a reserve component who participates in the survey under subsection 

(a), including, at a minimum, data on the following: 

(1) Reserve component. 

(2) Unit of assignment. 

(3) Grade. 

(4) Age. 

(5) Years of service. 

(6) Sex. 

(7) Marital status. 

(8) Number of dependents. 

167

(9) General category of private-sector employment, as determined by the Secretary, but to include an employment category 

to cover members who are self-employed. 

(10) Military occupational specialty, including specifying 

all surveyed members who are serving in a critical wartime specialty. 

(11) Length of service on active duty during the most recent 

mobilization. 

(12) Number of times mobilized since September 11, 2001. 

(d) CONSIDERATION OF AVERAGE MONTHLY RESERVE SERVICE

INCOME.—The Secretary of Defense shall collect data to calculate 

the average monthly reserve service income of members of the reserve components before their mobilization, and consider such data 

by grade, general category of military occupational specialty, and 

years of service. The Secretary shall also consider the effect that the 

receipt of average monthly reserve service income by reserve component members before mobilization should have on any obligation of 

the United States to eliminate or at least reduce the monthly activeduty income differential suffered by members serving on active duty 

in support of a contingency operation.

(e) EFFECT OF INCOME LOSS ON RETENTION.—The Secretary of 

Defense shall include in the survey under subsection (a) a question 

intended to solicit information from members of the reserve components participating in the survey regarding the likely effect that a 

reoccurring monthly active-duty income differential while serving on 

active duty would have on their decision to remain in Armed Forces. 

(f) ANALYSIS OF SURVEY DATA.—(1) At a minimum, the Secretary of Defense shall determine, for each variable listed in paragraphs (2) through (12) of subsection (c), the number of members of 

the reserve components surveyed under subsection (a) who sustained 

a monthly active-duty income differential for any month during 

their active duty service and compare and contrast that number 

with the number of members who did not experience a monthly active-duty income differential. 

(2) The Secretary shall also determine the average amount of 

the active-duty income differential by reserve component for each 

variable within the characteristics listed in paragraphs (2) through 

(12) of subsection (c). 

(g) SUBMISSION OF SURVEY RESULTS AND RECOMMENDATIONS.—(1) Not later than January 31, 2006, the Secretary of Defense shall submit to Congress and the Comptroller General a report 

containing the results of the surveys conducted under subsection (a), 

including the results of the analysis of survey data required by subsection (f). The Secretary shall include such recommendations as the 

Secretary considers appropriate regarding alternatives for restoring 

income lost by members of the reserve components who sustained a 

monthly active-duty income differential during their active duty 

service. 

(2) Not later than 90 days after receiving the report of the Secretary of Defense submitted under paragraph (1), the Comptroller 

General shall submit to Congress an assessment of the findings and 

recommendations of the Secretary contained in the report. 

(h) DEFINITIONS USED IN CONDUCTING SURVEY AND CALCULATIONS.—In this section: 

168

(1) The term ‘‘monthly active-duty income differential’’, with 

respect to a member of a reserve component who participates in 

the survey under subsection (a), means the difference between—

(A) the the average monthly civilian income of the 

member; and 

(B) the total monthly military compensation of the 

member during the active duty service of the member. 

(2) The term ‘‘total monthly military compensation’’, with 

respect to a member of a reserve component who participates in 

the survey, means the amount, computed on a monthly basis, 

of the sum of— 

(A) the amount of the regular military compensation 

(RMC), as defined in section 101(25) of title 37, United 

States Code, of the member during the period specified in 

subsection (a)(1); and 

(B) any amount of special pay or incentive pay and any 

allowance (other than an allowance included in regular 

military compensation) that is paid to the member on a 

monthly basis during the period specified in subsection 

(a)(1). 

(3) The term ‘‘average monthly civilian income’’, with respect to a member of a reserve component who participates in 

the survey, means the amount, determined by the Secretary of 

Defense, of the earned income of the member for the 12 months 

preceding the first mobilization of the member for active duty 

service in support of a contingency operation during the period 

specified in subsection (a)(1), divided by 12. 

(4) The term ‘‘average monthly reserve service income’’, with 

respect to a member of a reserve component who participates in 

the survey, means the amount, determined by the Secretary of 

Defense, of the regular military compensation, compensation 

under section 206 of title 37, United States Code, and any special pays and allowances referred to in paragraph (3)(B) received by the member during the 12 months preceding the first 

mobilization of the member for active duty service in support of 

a contingency operation during the period specified in subsection (a)(1), divided by 12.

SEC. 666. STUDY OF DISABILITY BENEFITS FOR VETERANS OF SERVICE 

IN THE ARMED FORCES WITH SERVICE-CONNECTED DISABILITIES. 

(a) REQUIREMENT FOR STUDY.—(1) The Secretary of Defense 

shall conduct a study of the totality of all current and projected disability benefits that are available to disabled members and former 

members of the Armed Forces for service-connected disabilities and, 

on the basis of the results of such study, determine the adequacy of 

those benefits. 

(2) In carrying out the study, the Secretary shall—

(A) compare the disability benefits for members of the 

Armed Forces with commercial and other private-sector disability benefits plans that are provided for other persons in the 

United States who are disabled by causes other than service in 

the Armed Forces; and 

(B) identify and assess the changes to Department of Defense personnel policies needed to enhance the financial and 

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nonfinancial benefits that are provided to members and former 

members of the Armed Forces for service-connected disabilities. 

(b) COORDINATION.—In carrying out the study under subsection 

(a) and preparing the report under subsection (c), the Secretary of 

Defense shall—

(1) consult with the Secretary of Veterans Affairs and take 

into consideration the veterans disability benefits programs that 

are administered by the Secretary of Veterans Affairs; and 

(2) consult with, and obtain the assistance of, the Veterans’ 

Disability Benefits Commission established under title XV of 

the National Defense Authorization Act for Fiscal Year 2004 

(Public Law 108–136; 117 Stat. 1676). 

(c) REPORT.—Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report 

on the results of the study under this section to the committees of 

Congress specified in subsection (e). The report shall include the following: 

(1) The Secretary’s assessments, analyses, and conclusions 

resulting from the study. 

(2) Recommended legislation to address the deficiencies in 

the system of Federal Government disability benefits for disabled members and former members of the Armed Forces that 

are identified in the course of the study. 

(3) An estimate of the costs of improvements in the system 

of disability benefits that are provided for in the recommended 

legislation. 

(d) GAO STUDY.—(1) The Comptroller General shall conduct a 

study to identify the disability benefits that are payable under Federal, State, and local laws for employees of the Federal Government, 

State governments, and local governments. In carrying out the 

study, the Comptroller General shall, to the extent feasible, pay particular attention to the disability benefits that are provided for disabilities incurred in the performance of jobs in which employees perform tasks with risks that are analogous to the risks associated with 

the performance of military tasks by members of the Armed Forces. 

(2) Not later than November 1, 2005, the Comptroller General 

shall submit a report on the results of the study under paragraph 

(1) to the committees of Congress specified in subsection (e). 

(e) RECIPIENTS OF REPORT.—The committees of Congress to 

which the reports under subsections (d) and (e) are to be submitted 

are as follows: 

(1) The Committee on Armed Services and the Committee 

on Veterans’ Affairs of the Senate. 

(2) The Committee on Armed Services and the Committee 

on Veterans’ Affairs of the House of Representatives.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Enhanced Benefits for Reserves 

Sec. 701. TRICARE coverage for members of reserve components who commit to continued service in the Selected Reserve after release from active duty. 

Sec. 702. Comptroller General report on the cost and feasibility of providing private 

health insurance stipends for members of the Ready Reserves. 

Sec. 703. Permanent earlier eligibility date for TRICARE benefits for members of reserve components and their dependents. 

Sec. 704. Waiver of certain deductibles under TRICARE program for members on 

active duty for a period of more than 30 days. 

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Sec. 705. Authority for payment by United States of additional amounts billed by 

health care providers to activated Reserves. 

Sec. 706. Permanent extension of transitional health care benefits and addition of 

requirement for preseparation physical examination.

Subtitle B—Other Benefits Improvements 

Sec. 711. Opportunity for young child dependent of deceased member to become eligible for enrollment in a TRICARE dental plan. 

Sec. 712. Comptroller General report on provision of health, education, and support 

services for Exceptional Family Member Program enrollees. 

Sec. 713. Continuation of sub-acute care for transition period.

Sec. 714. Improvements to pharmacy benefits program

Sec. 715. Professional accreditation of military dentists. 

Sec. 716. Temporary authority for waiver of collection of payments due for 

CHAMPUS benefits received by disabled persons unaware of loss of 

CHAMPUS eligibility. 

Sec. 717. Services of marriage and family therapists. 

Sec. 718. Chiropractic health care benefits advisory committee. 

Subtitle C—Planning, Programming, and Management 

Sec. 721. Pilot program for health care delivery. 

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

disability retirees.

Sec. 723. Study of mental health services.

Sec. 724. Policy for timely notification of next of kin of members seriously ill or injured in combat zones. 

Sec. 725. Revised funding methodology for military retiree health care benefits. 

Sec. 726. Grounds for presidential waiver of requirement for informed consent or 

option to refuse regarding administration of drugs not approved for general use. 

Sec. 727. TRICARE program regional directors. 

Subtitle D—Medical Readiness Tracking and Health Surveillance 

Sec. 731. Medical readiness plan and Joint Medical Readiness Oversight Committee. 

Sec. 732. Medical readiness of Reserves. 

Sec. 733. Baseline Health Data Collection Program. 

Sec. 734. Medical care and tracking and health surveillance in the theater of operations. 

Sec. 735. Declassification of information on exposures to environmental hazards. 

Sec. 736. Report on training on environmental hazards. 

Sec. 737. Uniform policy for meeting mobilization-related medical care needs at 

military installations. 

Sec. 738. Full implementation of Medical Readiness Tracking and Health Surveillance Program and Force Health Protection and Readiness Program. 

Sec. 739. Reports and Internet accessibility relating to health matters.

Subtitle A—Enhanced Benefits for Reserves

SEC. 701. TRICARE COVERAGE FOR MEMBERS OF RESERVE COMPONENTS WHO COMMIT TO CONTINUED SERVICE IN THE SELECTED RESERVE AFTER RELEASE FROM ACTIVE DUTY. 

(a) ELIGIBILITY.—(1) Chapter 55 of title 10, United States Code, 

is amended by inserting after section 1076c the following new section:

‘‘§ 1076d. TRICARE program: coverage for members of reserve 

components who commit to continued service in the 

Selected Reserve after release from active duty 

‘‘(a) ELIGIBILITY.—A member of the Selected Reserve of the 

Ready Reserve of a reserve component of the armed forces is eligible 

for health benefits under TRICARE Standard as provided in this 

section after the member completes service on active duty to which 

the member was called or ordered for a period of more than 30 days 

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on or after September 11, 2001, under a provision of law referred 

to in section 101(a)(13)(B), if the member—

‘‘(1) served continuously on active duty for 90 or more days 

pursuant to such call or order; and 

‘‘(2) on or before the date of the release from such activeduty service, entered into an agreement with the Secretary concerned to serve continuously in the Selected Reserve for a period 

of one or more whole years following such date. 

‘‘(b) PERIOD OF COVERAGE.—(1) TRICARE Standard coverage of 

a member under this section, on the basis of active-duty service performed as described in subsection (a), begins upon the expiration of 

the member’s entitlement to care and benefits under section 1145(a) 

of this title that is based on the same active-duty service. 

‘‘(2) Unless earlier terminated under paragraph (3), the period 

for TRICARE Standard coverage of a member under this section 

shall be equal to the lesser of—

‘‘(A) one year, in the case of a member who is otherwise eligible but does not serve continuously on active duty for 90 days 

as described in subsection (a) because of an injury, illness, or 

disease incurred or aggravated while deployed; 

‘‘(B) one year for each consecutive period of 90 days of continuous active-duty service described in subsection (a); or 

‘‘(C) the number of whole years for which the member 

agrees under paragraph (2) of such subsection to continue to 

serve in the Selected Reserve after the coverage begins. 

‘‘(3) Eligibility for TRICARE Standard coverage of a member 

under this section shall terminate upon the termination of the member’s service in the Selected Reserve. 

‘‘(c) FAMILY MEMBERS.—While a member of a reserve component 

is covered by TRICARE Standard under the section, the members 

of the immediate family of such member are eligible for TRICARE 

Standard coverage as dependents of the member. 

‘‘(d) PREMIUMS.—(1) A member of a reserve component covered 

by TRICARE Standard under this section shall pay a premium for 

that coverage. 

‘‘(2) The Secretary of Defense shall prescribe for the purposes of 

this section one premium for TRICARE Standard coverage of members without dependents and one premium for TRICARE Standard 

coverage of members with dependents referred to in subsection (f)(1). 

The premium prescribed for a coverage shall apply uniformly to all 

covered members of the reserve components. 

‘‘(3) The monthly amount of the premium in effect for a month 

for TRICARE Standard coverage under this section shall be the 

amount equal to 28 percent of the total monthly amount that the 

Secretary determines on an appropriate actuarial basis as being 

reasonable for that coverage. 

‘‘(4) The premiums payable by a member of a reserve component 

under this subsection may be deducted and withheld from basic pay 

payable to the member under section 204 of title 37 or from compensation payable to the member under section 206 of such title. 

The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums. 

‘‘(5) Amounts collected as premiums under this subsection shall 

be credited to the appropriation available for the Defense Health 

Program Account under section 1100 of this title, shall be merged 

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with sums in such Account that are available for the fiscal year in 

which collected, and shall be available under subsection (b) of such 

section for such fiscal year. 

‘‘(e) RELATIONSHIP OF SERVICE AGREEMENT TO OTHER SERVICE

COMMITMENTS.—The service agreement required of a member of a 

reserve component under subsection (a)(2) is separate from any 

other form of commitment of the member to a period of obligated 

service in that reserve component and may cover any part or all of 

the same period that is covered by another commitment of the member to a period of obligated service in that reserve component. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘immediate family’, with respect to a member 

of a reserve component, means all of the member’s dependents 

described in subparagraphs (A), (D), and (I) of section 1072(2) 

of this title. 

‘‘(2) The term ‘TRICARE Standard’ means the Civilian 

Health and Medical Program of the Uniformed Services option 

under the TRICARE program. 

‘‘(g) REGULATIONS.—The Secretary of Defense, in consultation 

with the other administering Secretaries, shall prescribe regulations 

for the administration of this section.’’. 

(2) The table of sections at the beginning of such chapter is 

amended by inserting after the item relating to section 1076c the following new item:

‘‘1076d. TRICARE program: coverage for members of reserve components who commit 

to continued service in the Selected Reserve after release from active 

duty.’’.

(b) IMPLEMENTATION.—(1) The Secretary of Defense shall implement section 1076d of title 10, United States Code, not later than 

180 days after the date of the enactment of this Act. 

(2)(A) A member of a reserve component of the Armed Forces 

who performed active-duty service described in subsection (a) of section 1076d of title 10, United States Code, for a period beginning 

on or after September 11, 2001, and was released from that activeduty service before the date of the enactment of this Act, or is released from that active-duty service on or within 180 days after the 

date of the enactment of this Act, may, for the purpose of paragraph 

(2) of such subsection, enter into an agreement described in such 

paragraph not later than one year after the date of the enactment 

of this Act. TRICARE Standard coverage (under such section 

1076d) of a member who enters into such an agreement under this 

paragraph shall begin on the later of—

(i) the date applicable to the member under subsection (b) 

of such section; or 

(ii) the date of the agreement. 

(B) The Secretary of Defense shall take such action as is necessary to ensure, to the maximum extent practicable, that members 

of the reserve components eligible to enter into an agreement as provided in subparagraph (A) actually receive information on the opportunity and procedures for entering into such an agreement together with a clear explanation of the benefits that the members are 

eligible to receive as a result of entering into such an agreement 

under section 1076d of title 10, United States Code.

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SEC. 702. COMPTROLLER GENERAL REPORT ON THE COST AND FEASIBILITY OF PROVIDING PRIVATE HEALTH INSURANCE STIPENDS FOR MEMBERS OF THE READY RESERVES. 

(a) STUDY REQUIRED.—The Comptroller General shall conduct 

a study on the cost and feasibility of providing a stipend to members of the Ready Reserves to offset the cost of continuing private 

health insurance coverage for the members’ dependents when the 

members are on active duty for periods of more than 30 days, with 

the dependents being ineligible to enroll in the TRICARE program 

and payment of the stipend ending when the members are no longer 

on active duty. 

(b) MATTERS COVERED.—The study shall include the following 

matters: 

(1) Recommendation for a benefit amount and cost to the 

Department of Defense. 

(2) Potential effects on medical readiness, recruitment, and 

retention. 

(3) The extent to which the Reserves and members of their 

families might participate under the stipend program. 

(4) Administrative and management considerations for the 

Department of Defense. 

(5) Impact of pre-existing conditions on continuity of care 

for dependents. 

(6) Possible implications for employers. 

(c) REPORT.—Not later than March 31, 2005, the Comptroller 

General shall submit to the Committee on Armed Services of the 

Senate and the Committee on Armed Services of the House of Representatives a report containing the results of the study under this 

section.

SEC. 703. PERMANENT EARLIER ELIGIBILITY DATE FOR TRICARE BENEFITS FOR MEMBERS OF RESERVE COMPONENTS AND 

THEIR DEPENDENTS. 

Section 1074(d) of title 10, United States Code, is amended by 

striking paragraph (3).

SEC. 704. WAIVER OF CERTAIN DEDUCTIBLES UNDER TRICARE PROGRAM FOR MEMBERS ON ACTIVE DUTY FOR A PERIOD OF 

MORE THAN 30 DAYS. 

Section 1095d(a) of title 10, United States Code, is amended by 

striking ‘‘less than one year’’ both places it appears and inserting 

‘‘more than 30 days’’.

SEC. 705. AUTHORITY FOR PAYMENT BY UNITED STATES OF ADDITIONAL AMOUNTS BILLED BY HEALTH CARE PROVIDERS 

TO ACTIVATED RESERVES. 

Section 1079(h) of title 10, United States Code, is amended by 

adding at the end of paragraph (4) the following new subparagraph: 

‘‘(C)(i) In the case of a dependent described in clause (ii), the 

regulations shall provide that, in addition to amounts otherwise 

payable by the United States, the Secretary may pay the amount referred to in subparagraph (B)(i). 

‘‘(ii) This subparagraph applies to a dependent referred to in 

subsection (a) of a member of a reserve component serving on active 

duty pursuant to a call or order to active duty for a period of more 

than 30 days in support of a contingency operation under a provision of law referred to in section 101(a)(13)(B) of this title.’’.

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SEC. 706. PERMANENT EXTENSION OF TRANSITIONAL HEALTH CARE 

BENEFITS AND ADDITION OF REQUIREMENT FOR 

PRESEPARATION PHYSICAL EXAMINATION. 

(a) PERMANENT REQUIREMENT.—(1) Paragraph (3) of section 

1145(a) of title 10, United States Code, is amended to read as follows: 

‘‘(3) Transitional health care for a member under subsection (a) 

shall be available for 180 days beginning on the date on which the 

member is separated from active duty.’’. 

(2) The following provisions of law are repealed: 

(A) Section 704 of the National Defense Authorization Act 

for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1527; 10 

U.S.C. 1145 note). 

(B) Section 1117 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and 

Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1218; 10 

U.S.C. 1145 note). 

(3) Paragraph (1) of such section 1145(a) is amended by striking ‘‘applicable’’. 

(b) REQUIREMENT FOR PHYSICAL EXAMINATION.—Such section 

1145(a), as amended by subsection (a), is further amended by adding at the end the following new paragraph:

‘‘(4)(A) The Secretary concerned shall require a member of the 

armed forces scheduled to be separated from active duty as described in paragraph (2) to undergo a physical examination immediately before that separation. The physical examination shall be 

conducted in accordance with regulations prescribed by the Secretary of Defense. 

‘‘(B) Notwithstanding subparagraph (A), if a member of the 

armed forces scheduled to be separated from active duty as described in paragraph (2) has otherwise undergone a physical examination within 12 months before the scheduled date of separation 

from active duty, the requirement for a physical examination under 

subparagraph (A) may be waived in accordance with regulations 

prescribed under this paragraph. Such regulations shall require 

that such a waiver may be granted only with the consent of the 

member and with the concurrence of the member’s unit commander.’’.

Subtitle B—Other Benefits Improvements

SEC. 711. OPPORTUNITY FOR YOUNG CHILD DEPENDENT OF DECEASED MEMBER TO BECOME ELIGIBLE FOR ENROLLMENT IN A TRICARE DENTAL PLAN. 

Section 1076a(k)(2) of title 10, United States Code, is amended—

(1) by striking ‘‘under subsection (a) or’’ and inserting 

‘‘under subsection (a),’’; and 

(2) by inserting after ‘‘under subsection (f),’’ the following: 

‘‘or is not enrolled because the dependent is a child under the 

minimum age for enrollment,’’.

SEC. 712. COMPTROLLER GENERAL REPORT ON PROVISION OF 

HEALTH, EDUCATION, AND SUPPORT SERVICES FOR EXCEPTIONAL FAMILY MEMBER PROGRAM ENROLLEES. 

(a) EVALUATION REQUIREMENT.—The Comptroller General shall 

evaluate the effect of the Exceptional Family Member Program (in 

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this section referred to as ‘‘EFMP’’) on health, education, and support services in selected civilian communities near military installations with a high concentration of EFMP enrollees. 

(b) MATTERS COVERED.—The evaluation under subsection (a) 

shall include a discussion of the following: 

(1) Communities that have high concentrations of EFMP 

enrollees that use State and local health, education, and support services. 

(2) Needs of EFMP enrollees, if any, that are not met by 

State and local health, education, and support services. 

(3) The burdens, financial and otherwise, placed on State 

and local health, education, and support services by EFMP enrollees and their families. 

(4) The ability of the TRICARE program to meet the needs 

of EFMP enrollees and their families. 

(5) Reasons for any limitations of the TRICARE program, 

the EFMP, and State and local health, education, and support 

services in providing assistance to EFMP enrollees and their 

families. 

(6) Recommendations for more effectively meeting the needs 

of EFMP enrollees and their families. 

(c) COMMUNITIES COVERED.—The evaluation under subsection 

(a) shall examine no fewer than four civilian communities, as determined by the Comptroller General, that have high concentrations of 

EFMP enrollees and that are near several military installations, including at least two military installations with tenants from more 

than one of the Armed Forces. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘health, education, and support services’’ 

means services provided to children and other dependents with 

special needs, including specialized day care, mental health day 

treatment services, respite services, counseling, early childhood 

intervention, special education, and other such services provided for children and other dependents with special needs. 

(2) The term ‘‘TRICARE program’’ has the meaning given 

that term in section 1072(7) of title 10, United States Code. 

(e) REPORT.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the evaluation required under 

subsection (a), including findings and recommendations.

SEC. 713. CONTINUATION OF SUB-ACUTE CARE FOR TRANSITION PERIOD. 

Section 1074j(b) of title 10, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(4) The Secretary of Defense may take such actions as are necessary to ensure that there is an effective transition in the furnishing of part-time or intermittent home health care benefits for 

covered beneficiaries who were receiving such benefits before the establishment of the program under this section. The actions taken 

under this paragraph may include the continuation of such benefits 

on an extended basis for such time as the Secretary determines appropriate.’’.

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SEC. 714. IMPROVEMENTS TO PHARMACY BENEFITS PROGRAM. 

(a) REQUIREMENT RELATING TO PRESCRIPTION DRUG BENEFITS

FOR MEDICARE-ELIGIBLE ENROLLEES.—Section 1074g(a)(6) of title 

10, United States Code, is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and 

(2) by adding at the end the following: 

‘‘(B) For a medicare-eligible beneficiary, the cost-sharing requirements may not be in excess of the cost-sharing requirements 

applicable to all other beneficiaries covered by section 1086 of this 

title. For purposes of the preceding sentence, a medicare-eligible 

beneficiary is a beneficiary eligible for health benefits under section 

1086 of this title pursuant to subsection (d)(2) of such section.’’. 

(b) IMPROVEMENT TO UNIFORM FORMULARY PROCESS.—Section 

1974g(a)(2)(E)(i) of such title is amended by inserting before the 

semicolon the following: ‘‘and additional determinations by the 

Pharmacy and Therapeutics Committee of the relative clinical and 

cost effectiveness of the agents’’.

SEC. 715. PROFESSIONAL ACCREDITATION OF MILITARY DENTISTS. 

Section 1077(c) of title 10, United States Code, is amended—

(1) by striking ‘‘A’’ and inserting ‘‘(1) Except as specified in 

paragraph (2), a’’; and 

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

‘‘(2)(A) Dependents who are 12 years of age or younger and are 

covered by a dental plan established under section 1076a of this 

title may be treated by postgraduate dental residents in a dental 

treatment facility of the uniformed services under a graduate dental 

education program accredited by the American Dental Association 

if—

‘‘(i) treatment of pediatric dental patients is necessary in 

order to satisfy an accreditation standard of the American Dental Association that is applicable to such program, or training 

in pediatric dental care is necessary for the residents to be professionally qualified to provide dental care for dependent children accompanying members of the uniformed services outside 

the United States; and 

‘‘(ii) the number of pediatric patients at such facility is insufficient to support satisfaction of the accreditation or professional requirements in pediatric dental care that apply to such 

program or students. 

‘‘(B) The total number of dependents treated in all facilities of 

the uniformed services under subparagraph (A) in a fiscal year may 

not exceed 2,000.’’.

SEC. 716. TEMPORARY AUTHORITY FOR WAIVER OF COLLECTION OF 

PAYMENTS DUE FOR CHAMPUS BENEFITS RECEIVED BY 

DISABLED PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY. 

(a) AUTHORITY TO WAIVE DEBT.—(1) The Secretary of Defense, 

in consultation with the other administering Secretaries, may waive 

(in whole or in part) the collection of payments otherwise due from 

a person described in subsection (b) for health benefits received by 

such person under section 1086 of title 10, United States Code, after 

the termination of that person’s eligibility for such benefits. 

(2) If the Secretary of Defense waives collection of payments 

from a person under paragraph (1), the Secretary may also authorize a continuation of benefits for such person under such section 

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1086 for a period ending not later than the end of the period specified in subsection (c) of this section. 

(b) ELIGIBLE PERSONS.—A person is eligible for relief under 

subsection (a)(1) if—

(1) the person is described in paragraph (1) of subsection 

(d) of section 1086 of title 10, United States Code; 

(2) except for such paragraph, the person would have been 

eligible for the health benefits under such section; and 

(3) at the time of the receipt of such benefits—

(A) the person satisfied the criteria specified in paragraph (2)(B) of such subsection (d); and 

(B) the person was unaware of the loss of eligibility to 

receive the health benefits. 

(c) PERIOD OF APPLICABILITY.—The authority provided under 

this section to waive collection of payments and to continue benefits 

shall apply, under terms and conditions prescribed by the Secretary 

of Defense, to health benefits provided under section 1086 of title 10, 

United States Code, during the period beginning on July 1, 1999, 

and ending at the end of December 31, 2004. 

(d) ADMINISTERING SECRETARIES.—In this subsection, the term 

‘‘administering Secretaries’’ has the meaning given such term in section 1072(3) of title 10, United States Code.

SEC. 717. SERVICES OF MARRIAGE AND FAMILY THERAPISTS. 

(a) AUTHORITY TO ENTER INTO PERSONAL SERVICES CONTRACTS.—Section 704(c)(2) of the National Defense Authorization 

Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2799; 10 

U.S.C. 1091 note) is amended by inserting ‘‘marriage and family 

therapists certified as such by a certification recognized by the Secretary of Defense,’’ after ‘‘psychologists,’’. 

(b) APPLICABILITY OF LICENSURE REQUIREMENT FOR HEALTHCARE PROFESSIONALS.—Section 1094(e)(2) of title 10, United States 

Code, is amended by inserting ‘‘marriage and family therapist certified as such by a certification recognized by the Secretary of Defense,’’ after ‘‘psychologist,’’.

SEC. 718. CHIROPRACTIC HEALTH CARE BENEFITS ADVISORY COMMITTEE. 

(a) ESTABLISHMENT.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of Defense shall establish 

an oversight advisory committee to provide the Secretary with advice and recommendations regarding the continued development 

and implementation of an effective program of chiropractic health 

care benefits for members of the uniformed services on active duty. 

(b) MEMBERSHIP.—The advisory committee shall be composed of 

members selected from among persons who, by reason of education, 

training, and experience, are experts in chiropractic health care, as 

follows: 

(1) Members appointed by the Secretary of Defense in such 

number as the Secretary determines appropriate for carrying 

out the duties of the advisory committee effectively, including 

not fewer than three practicing representatives of the chiropractic health care profession.

(2) A representative of each of the uniformed services, as 

designated by the administering Secretary concerned. 

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(c) CHAIRMAN.—The Secretary of Defense shall designate one 

member of the advisory committee to serve as the Chairman of the 

advisory committee. 

(d) MEETINGS.—The advisory committee shall meet at the call 

of the Chairman, but not fewer than three times each fiscal year, 

beginning in fiscal year 2005. 

(e) DUTIES.—The advisory committee shall have the following 

duties: 

(1) Review and evaluate the program of chiropractic health 

care benefits provided to members of the uniformed services on 

active duty under chapter 55 of title 10, United States Code. 

(2) Provide the Secretary of Defense with advice and recommendations as described in subsection (a). 

(3) Upon the Secretary’s determination that the program of 

chiropractic health care benefits referred to in paragraph (1) 

has been fully implemented, prepare and submit to the Secretary a report containing the advisory committee’s evaluation 

of the implementation of such program. 

(f) REPORT.—The Secretary of Defense, following receipt of the 

report by the advisory committee under subsection (e)(3), shall submit to the Committees on Armed Services of the Senate and of the 

House of Representatives a report containing the following: 

(1) A copy of the advisory committee report, together with 

the Secretary’s comments on the report. 

(2) An explanation of the criteria and rationale that the 

Secretary used to determine that the program of chiropractic 

health care benefits was fully implemented. 

(3) The Secretary’s views with regard to the future implementation of the program of chiropractic health care benefits. 

(g) APPLICABILITY OF TEMPORARY ORGANIZATIONS LAW.—(1) 

Section 3161 of title 5, United States Code, shall apply to the advisory committee under this section. 

(2) The Federal Advisory Committee Act (5 U.S.C. App.) shall 

not apply to the oversight advisory committee under this section. 

(h) TERMINATION.—The advisory committee shall terminate 90 

days after the date on which the Secretary submits the report under 

subsection (f).

Subtitle C—Planning, Programming, and Management

SEC. 721. PILOT PROGRAM FOR HEALTH CARE DELIVERY. 

(a) PILOT PROGRAM.—The Secretary of Defense may conduct a 

pilot program at two or more military installations for purposes of 

testing initiatives that build cooperative health care arrangements 

and agreements between military installations and local and regional non-military health care systems. 

(b) REQUIREMENTS OF PILOT PROGRAM.—In conducting the 

pilot program, the Secretary of Defense shall—

(1) identify and analyze health care delivery options involving the private sector and health care services in military facilities located on the installation; 

(2) determine the cost avoidance or savings resulting from 

innovative partnerships between the Department of Defense and 

the private sector; 

(3) study the potential, viability, cost efficiency, and health 

care effectiveness of Department of Defense health care proVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00204 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
179

viders delivering health care in civilian community hospitals; 

and 

(4) determine the opportunities for and barriers to coordinating and leveraging the use of existing health care resources, 

including Federal, State, local, and contractor assets. 

(c) CONSULTATION REQUIREMENTS.—The Secretary of Defense 

shall develop the pilot program in consultation with the Secretaries 

of the military departments, representatives from the military installation selected for the pilot program, Federal, State, and local 

entities, and the TRICARE managed care support contractor with 

responsibility for that installation. 

(d) SELECTION OF MILITARY INSTALLATION.—The pilot program 

may be implemented at two or more military installations selected 

by the Secretary of Defense. At least one of the selected military installations shall meet the following criteria: 

(1) The military installation has members of the Armed 

Forces on active duty and members of reserve components of the 

Armed Forces that use the installation as a training and operational base, with members routinely deploying in support of 

the global war on terrorism. 

(2) The number of members of the Armed Forces on active 

duty permanently assigned to the military installation is expected to increase over the next five years. 

(3) One or more cooperative arrangements exist at the military installation with civilian health care entities in the form 

of specialty care services in the military medical treatment facility on the installation. 

(4) There is a military treatment facility on the installation 

that does not have inpatient or trauma center care capabilities. 

(5) There is a civilian community hospital near the military 

installation with—

(A) limited capability to expand inpatient care beds, intensive care, and specialty services; and 

(B) limited or no capability to provide trauma care. 

(e) DURATION OF PILOT PROGRAM.—Implementation of the pilot 

program developed under this section shall begin not later than 

May 1, 2005, and shall be conducted during fiscal years 2005, 2006, 

and 2007. 

(f) REPORTS.—With respect to any pilot program conducted 

under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and of the House of Representatives—

(1) an interim report on the program, not later than 60 

days after commencement of the program; and 

(2) a final report describing the results of the program with 

recommendations for a model health care delivery system for 

other military installations, not later than July 1, 2007.

SEC. 722. STUDY OF PROVISION OF TRAVEL REIMBURSEMENT TO HOSPITALS FOR CERTAIN MILITARY DISABILITY RETIREES. 

(a) STUDY.—The Secretary of Defense shall conduct a study of 

the feasibility, and of the desirability, of providing that a member 

of the uniformed services retired under chapter 61 of title 10, United 

States Code, shall be provided reimbursement for the travel expenses of such member for travel, during the two-year period beginning on the date of the retirement of the member, to a military treatVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00205 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
180

ment facility for medical care. The Secretary shall include in that 

study consideration of whether reimbursement under such a plan 

should, as nearly as practicable, be under the same terms and conditions, and at the same rate, as apply to beneficiary travel reimbursement provided by the Secretary of Veterans Affairs under section 111 of title 38, United States Code. 

(b) REPORT.—The Secretary of Defense shall submit to the congressional defense committees a report providing the results of the 

study under subsection (a). Such report shall be submitted not later 

than March 1, 2005.

SEC. 723. STUDY OF MENTAL HEALTH SERVICES. 

(a) STUDY REQUIRED.—The Comptroller General shall conduct 

a study of mental health services available to members of the Armed 

Forces. 

(b) PERSONS COVERED.—The study shall evaluate the availability and effectiveness of existing mental health treatment and 

screening resources—

(1) for members of the Armed Forces during a deployment 

to a combat theater; 

(2) for members of the Armed Forces returning from a deployment to a combat theater, both—

(A) in the short-term, post-deployment period; and 

(B) in the long-term, following the post-deployment period; 

(3) for the families of members of the Armed Forces who 

have been deployed to a combat theater during the time of the 

deployment; 

(4) for the families of members of the Armed Forces who 

have been deployed to a combat theater after the member has 

returned from the deployment; and 

(5) for members of the Armed Forces and their families described in this subsection who are members of reserve components. 

(c) ASSESSMENT OF OBSTACLES.—The study shall provide an 

assessment of existing obstacles that prevent members of the Armed 

Forces and military families in need of mental health services from 

obtaining these services, including— 

(1) the extent to which existing confidentiality regulations, 

or lack thereof, inhibit members of the Armed Forces from seeking mental health treatment; 

(2) the implications that a decision to seek mental health 

services can have on a military career; 

(3) the extent to which a social stigma exists within the 

Armed Forces that prevents members of the Armed Forces and 

military families from seeking mental health treatment within 

the Department of Defense and the individual Armed Forces; 

(4) the extent to which logistical obstacles, particularly with 

respect to members of the Armed Forces and families residing 

in rural areas, deter members in need of mental health services 

from obtaining them; and 

(5) the extent to which members of the Armed Forces and 

their families are prevented or hampered from obtaining mental 

health treatment due to the cost of such services. 

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(d) IDENTIFICATION OF PROBLEMS UNIQUE TO RESERVES.—The 

study shall identify potential problems in obtaining mental health 

treatment that are unique to members of Reserve components. 

(e) REPORT.—The Comptroller General shall submit to Congress 

a report on the study conducted under this section not later than 

March 31, 2005. The report shall contain the results of the study 

and make specific recommendations—

(1) for improving the effectiveness and accessibility of mental health services provided by Department of Defense to the 

persons listed in subsection (b), including recommendations to 

ensure appropriate referrals and a seamless transition to the 

care of the Department of Veterans Affairs following separation 

from the Armed Forces; and 

(2) for removing or mitigating any obstacles identified 

under subsection (c) and problems identified under subsection 

(d).

SEC. 724. POLICY FOR TIMELY NOTIFICATION OF NEXT OF KIN OF 

MEMBERS SERIOUSLY ILL OR INJURED IN COMBAT 

ZONES. 

(a) POLICY REQUIRED.—The Secretary of Defense shall prescribe 

the policy of the Department of Defense for providing, in the case 

of the serious illness or injury of a member of the Armed Forces in 

a combat zone, timely notification to the next of kin of the member 

regarding the illness or injury, including information on the condition of the member and the location at which the member is receiving treatment. In prescribing the policy, the Secretary shall ensure 

respect for the expressed desires of individual members of the Armed 

Forces regarding the notification of next of kin and shall include 

standards of timeliness for both the initial notification of next of kin 

under the policy and subsequent updates regarding the condition 

and location of the member. 

(b) SUBMISSION OF POLICY.—Not later than 120 days after the 

date of the enactment of this Act, the Secretary of Defense shall submit to Congress a copy of the policy.

SEC. 725. REVISED FUNDING METHODOLOGY FOR MILITARY RETIREE 

HEALTH CARE BENEFITS. 

(a) REVISION.—Section 1116 of title 10, United States Code, is 

amended to read as follows:

‘‘§ 1116. Payments into the Fund 

‘‘(a) At the beginning of each fiscal year after September 30, 

2005, the Secretary of the Treasury shall promptly pay into the 

Fund from the General Fund of the Treasury—

‘‘(1) the amount certified to the Secretary by the Secretary 

of Defense under subsection (c), which shall be the contribution 

to the Fund for that fiscal year required by section 1115; and 

‘‘(2) the amount determined by each administering Secretary under section 1111(c) as the contribution to the Fund on 

behalf of the members of the uniformed services under the jurisdiction of that Secretary. 

‘‘(b) At the beginning of each fiscal year, the Secretary of Defense shall determine the sum of the following: 

‘‘(1) The amount of the payment for that year under the amortization schedule determined by the Board of Actuaries under 

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section 1115(a) of this title for the amortization of the original 

unfunded liability of the Fund. 

‘‘(2) The amount (including any negative amount) of the Department of Defense contribution for that year as determined by 

the Secretary of Defense under section 1115(b) of this title. 

‘‘(3) The amount (including any negative amount) for that 

year under the most recent amortization schedule determined by 

the Secretary of Defense under section 1115(c)(2) of this title for 

the amortization of any cumulative unfunded liability (or any 

gain) to the Fund resulting from changes in benefits. 

‘‘(4) The amount (including any negative amount) for that 

year under the most recent amortization schedule determined by 

the Secretary of Defense under section 1115(c)(3) of this title for 

the amortization of any cumulative actuarial gain or loss to the 

Fund resulting from actuarial assumption changes. 

‘‘(5) The amount (including any negative amount) for that 

year under the most recent amortization schedule determined by 

the Secretary of Defense under section 1115(c)(4) of this title for 

the amortization of any cumulative actuarial gain or loss to the 

Fund resulting from actuarial experience. 

‘‘(c) The Secretary of Defense shall promptly certify the amount 

determined under subsection (b) each year to the Secretary of the 

Treasury. 

‘‘(d) At the same time as the Secretary of Defense makes the certification under subsection (c), the Secretary shall submit to the 

Committees on Armed Services of the Senate and the House of Representatives the information provided to the Secretary of the Treasury under that subsection.’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that any 

unsubscribed discretionary budget authority that accrues within the 

national defense budget function as a result of the amendments 

made by this section shall be applied to cover the unbudgeted costs 

of—

(1) increases in Army end strengths and modularization; 

(2) increases in Marine Corps end strengths and necessary 

equipment; and 

(3) Navy shipbuilding requirements. 

(c) CONFORMING AMENDMENTS.—(1) Section 1111(c) of title 10, 

United States Code, is amended in the last sentence by striking 

‘‘1116’’ and all that follows through the end of the sentence and inserting ‘‘1115(b) of this title, and such contributions shall be paid 

into the Fund as provided in section 1116(a).’’. 

(2) Section 1115(a) of such title is amended by striking 

‘‘1116(c)’’ and inserting ‘‘1116’’. 

(3) Section 1115(b) of such title is amended—

(A) by striking ‘‘(1) The Secretary of Defense’’ and all that 

follows through ‘‘of this title.’’ and inserting ‘‘The Secretary of 

Defense shall determine, before the beginning of each fiscal year 

after September 30, 2005, the total amount of the Department 

of Defense contribution to be made to the Fund for that fiscal 

year for purposes of section 1116(b)(2).’’; 

(B) by striking paragraph (2); 

(C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; 

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(D) in each of paragraphs (1) and (2), as so redesignated, 

by redesignating clauses (i) and (ii) as subparagraphs (A) and 

(B), respectively; and 

(E) in paragraph (2)(B), as so redesignated, by striking 

‘‘subparagraph (A)(ii)’’ and inserting ‘‘paragraph (1)(B)’’. 

(4) Section 1115(c)(1) of such title is amended by striking ‘‘and 

section 1116(a) of this title’’. 

(5) Section 1115(c)(5) of such title is amended by striking 

‘‘1116(c)’’ and inserting ‘‘1116’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2005.

SEC. 726. GROUNDS FOR PRESIDENTIAL WAIVER OF REQUIREMENT 

FOR INFORMED CONSENT OR OPTION TO REFUSE REGARDING ADMINISTRATION OF DRUGS NOT APPROVED 

FOR GENERAL USE. 

(a) INVESTIGATIONAL NEW DRUGS.—Section 1107(f) of title 10, 

United States Code, is amended—

(1) in paragraph (1), by striking ‘‘obtaining consent—’’ and 

all that follows through ‘‘(C) is’’ and inserting ‘‘obtaining consent is’’; and 

(2) by striking paragraph (2) and inserting the following 

new paragraph: 

‘‘(2) The waiver authority provided in paragraph (1) shall not 

be construed to apply to any case other than a case in which prior 

consent for administration of a particular drug is required by reason of a determination by the Secretary of Health and Human Services that such drug is subject to the investigational new drug requirements of section 505(i) of the Federal Food, Drug, and Cosmetic Act.’’. 

(b) EMERGENCY USE DRUGS.—Section 1107a(a) of such title is 

amended—

(1) by inserting ‘‘(A)’’ after ‘‘PRESIDENT.—(1)’’; 

(2) by striking ‘‘is not feasible,’’ and all that follows through 

‘‘members affected, or’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(B) The waiver authority provided in subparagraph (A) shall 

not be construed to apply to any case other than a case in which 

an individual is required to be informed of an option to accept or 

refuse administration of a particular product by reason of a determination by the Secretary of Health and Human Services that emergency use of such product is authorized under section 564 of the 

Federal Food, Drug, and Cosmetic Act.’’. 

SEC. 727. TRICARE PROGRAM REGIONAL DIRECTORS. 

(a) RECOMMENDATIONS FOR SELECTION PROCESS FOR TRICARE 

PROGRAM REGIONAL DIRECTORS.—(1) The Secretary of Defense shall 

develop recommendations for a process for the selection of regional 

directors for TRICARE program administrative regions from among 

nominees and applicants for the position in accordance with this 

section. 

(2) The recommendations developed under paragraph (1) shall 

provide for a process for—

(A) the Secretary of each military department to nominate, 

for each regional director position, one commissioned officer in 

a grade above colonel, or, in the case of the Navy, captain, or 

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member of the Senior Executive Service under the jurisdiction 

of that Secretary; and 

(B) the Secretary of Defense to accept applications for assignment or appointment to each such position from any other 

qualified person. 

(3) The recommendations developed under paragraph (1) shall 

also include recommendations with respect to—

(A) the qualifications for regional directors; 

(B) the period of assignment of a commissioned officer as 

a regional director; 

(C) procedures for ensuring that fair consideration is given 

to each nominee and each applicant; and 

(D) such other requirements as considered appropriate by 

the Secretary. 

(b) REPORT.—Not later than March 1, 2005, the Secretary of 

Defense shall submit to the Committees on Armed Services of the 

Senate and House of Representatives a report containing the recommendations developed by the Secretary under subsection (a).

Subtitle D—Medical Readiness Tracking and Health 

Surveillance

SEC. 731. MEDICAL READINESS PLAN AND JOINT MEDICAL READINESS 

OVERSIGHT COMMITTEE. 

(a) REQUIREMENT FOR PLAN.—The Secretary of Defense shall 

develop a comprehensive plan to improve medical readiness, and 

Department of Defense tracking of the health status, of members of 

the Armed Forces throughout their service in the Armed Forces, and 

to strengthen medical readiness and tracking before, during, and 

after deployment of members of the Armed Forces overseas. The 

matters covered by the comprehensive plan shall include all elements that are described in this title and the amendments made by 

this title and shall comply with requirements in law. 

(b) JOINT MEDICAL READINESS OVERSIGHT COMMITTEE.— (1) ESTABLISHMENT.—The Secretary of Defense shall establish a Joint Medical Readiness Oversight Committee. 

(2) COMPOSITION.—The members of the Committee are as 

follows: 

(A) The Under Secretary of Defense for Personnel and 

Readiness, who shall chair the Committee. 

(B) The Vice Chief of Staff of the Army, the Vice Chief 

of Naval Operations, the Vice Chief of Staff of the Air 

Force, and the Assistant Commandant of the Marine Corp. 

(C) The Assistant Secretary of Defense for Health Affairs. 

(D) The Assistant Secretary of Defense for Reserve Affairs. 

(E) The Surgeon General of each of the Army, the 

Navy, and the Air Force. 

(F) The Assistant Secretary of the Army for Manpower 

and Reserve Affairs. 

(G) The Assistant Secretary of the Navy for Manpower 

and Reserve Affairs. 

(H) The Assistant Secretary of the Air Force for Manpower, Reserve Affairs, Installations, and Environment. 

(I) The Chief of the National Guard Bureau. 

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(J) The Chief of Army Reserve. 

(K) The Chief of Naval Reserve. 

(L) The Chief of Air Force Reserve. 

(M) The Commander, Marine Corps Reserve. 

(N) The Director of the Defense Manpower Data Center. 

(O) A representative of the Department of Veterans Affairs designated by the Secretary of Veterans Affairs. 

(3) DUTIES.—The duties of the Committee are as follows: 

(A) To advise the Secretary of Defense on the medical 

readiness and health status of the members of the active 

and reserve components of the Armed Forces. 

(B) To advise the Secretary of Defense on the compliance of the Armed Forces with the medical readiness tracking and health surveillance policies of the Department of 

Defense. 

(C) To oversee the development and implementation of 

the comprehensive plan required by subsection (a) and the 

actions required by this title and the amendments made by 

this title, including with respect to matters relating to—

(i) the health status of the members of the reserve 

components of the Armed Forces; 

(ii) accountability for medical readiness;

(iii) medical tracking and health surveillance; 

(iv) declassification of information on environmental hazards; 

(v) postdeployment health care for members of the 

Armed Forces; and 

(vi) compliance with Department of Defense and 

other applicable policies on blood serum repositories. 

(D) To ensure unity and integration of efforts across 

functional and organizational lines within the Department 

of Defense with regard to medical readiness tracking and 

health surveillance of members of the Armed Forces. 

(E) To establish and monitor compliance with the medical readiness standards that are applicable to members 

and those that are applicable to units. 

(F) To improve continuity of care in coordination with 

the Secretary of Veterans Affairs, for members of the Armed 

Forces separating from active service with service-connected 

medical conditions. 

(4) FIRST MEETING.—The first meeting of the Committee 

shall be held not later than 120 days after the date of the enactment of this Act. 

(c) ANNUAL REPORT.—

(1) IN GENERAL.—In addition to the duties described in 

subsection (b)(3), the Committee shall prepare and submit to the 

Secretary of Defense and to the Committees on Armed Services 

of the Senate and the House of Representatives, not later than 

February 1 of each year, a report on—

(A) the health status and medical readiness of the 

members of the Armed Forces, including the members of reserve components, based on the comprehensive plan required under subsection (a) and the actions required by 

this title and the amendments made by this title; and 

186

(B) compliance with Department of Defense policies on 

medical readiness tracking and health surveillance. 

(2) OPPORTUNITY FOR COMMENT.—Each year, before the 

Committee submits to Congress the report required under paragraph (1), the Secretary of Defense shall provide an opportunity 

for representatives of veterans and military health advocacy organizations, and others the Secretary of Defense considers appropriate, to comment on the report. The report submitted to 

Congress shall include a summary of the comments received 

and the Secretary’s response to them.

SEC. 732. MEDICAL READINESS OF RESERVES. 

(a) COMPTROLLER GENERAL STUDY OF HEALTH OF RESERVES

ORDERED TO ACTIVE DUTY FOR OPERATIONS ENDURING FREEDOM

AND IRAQI FREEDOM.—

(1) REQUIREMENT FOR STUDY.—The Comptroller General 

shall carry out a study of the health of the members of the reserve components of the Armed Forces who have been called or 

ordered to active duty for a period of more than 30 days in support of Operation Enduring Freedom and Operation Iraqi Freedom. The Comptroller General shall commence the study not 

later than 180 days after the date of the enactment of this Act. 

(2) PURPOSES.—The purposes of the study under this subsection are as follows: 

(A) To review the health status and medical fitness of 

the activated Reserves when they were called or ordered to 

active duty. 

(B) To review the effects, if any, on logistics planning 

and the deployment schedules for the operations referred to 

in paragraph (1) that resulted from deficiencies in the 

health or medical fitness of activated Reserves. 

(C) To review compliance of military personnel with 

Department of Defense policies on medical and physical fitness examinations and assessments that are applicable to 

the reserve components of the Armed Forces. 

(3) REPORT.—The Comptroller General shall, not later than 

one year after the date of the enactment of this Act, submit a 

report on the results of the study under this subsection to the 

Committees on Armed Services of the Senate and the House of 

Representatives. The report shall include the following matters: 

(A) With respect to the matters reviewed under subparagraph (A) of paragraph (2)—

(i) the percentage of activated Reserves who were 

determined to be medically unfit for deployment, together with an analysis of the reasons why the member 

was unfit, including medical illnesses or conditions 

most commonly found among the activated Reserves 

that were grounds for determinations of medical 

unfitness for deployment; and 

(ii) the percentage of the activated Reserves who, 

before being deployed, needed medical care for health 

conditions identified when called or ordered to active 

duty, together with an analysis of the types of care that 

were provided for such conditions and the reasons why 

such care was necessary. 

187

(B) With respect to the matters reviewed under subparagraph (B) of paragraph (2)—

(i) the delays and other disruptions in deployment 

schedules that resulted from deficiencies in the health 

status or medical fitness of activated Reserves; and 

(ii) an analysis of the extent to which it was necessary to merge units or otherwise alter the composition 

of units, and the extent to which it was necessary to 

merge or otherwise alter objectives, in order to compensate for limitations on the deployability of activated 

Reserves resulting from deficiencies in the health status 

or medical fitness of activated Reserves. 

(C) With respect to the matters reviewed under subparagraph (C) of paragraph (2), an assessment of the extent 

of the compliance of reserve component personnel with Department of Defense policies on routine medical and physical fitness examinations that are applicable to the reserve 

components of the Armed Forces. 

(D) An analysis of the extent to which the medical care, 

if any, provided to activated Reserves in each theater of operations referred to in paragraph (1) related to preexisting 

conditions that were not adequately addressed before the 

deployment of such personnel to the theater. 

(4) DEFINITIONS.—In this subsection: 

(A) The term ‘‘activated Reserves’’ means the members 

of the Armed Forces referred to in paragraph (1). 

(B) The term ‘‘active duty for a period of more than 30 

days’’ has the meaning given such term in section 101(d) of 

title 10, United States Code. 

(C) The term ‘‘health condition’’ includes a mental 

health condition and a dental condition. 

(D) The term ‘‘reserve components of the Armed Forces’’ 

means the reserve components listed in section 10101 of 

title 10, United States Code. 

(b) ACCOUNTABILITY FOR MEDICAL READINESS OF INDIVIDUALS

AND UNITS OF THE RESERVE COMPONENTS.—

(1) POLICY.—The Secretary of Defense shall take measures, 

in addition to those required by section 1074f of title 10, United 

States Code, to ensure that individual members and commanders of reserve component units fulfill their responsibilities 

and meet the requirements for medical and dental readiness of 

members of the units. Such measures may include—

(A) requiring more frequent health assessments of 

members than is required by section 1074f(b) of title 10, 

United States Code, with an objective of having every member of the Selected Reserve receive a health assessment as 

specified in section 1074f of such title not less frequently 

than once every two years; and 

(B) providing additional support and information to 

commanders to assist them in improving the health status 

of members of their units. 

(2) REVIEW AND FOLLOWUP CARE.—The measures under this 

subsection shall provide for review of the health assessments 

under paragraph (1) by a medical professional and for any folVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00213 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
188

lowup care and treatment that is otherwise authorized for medical or dental readiness. 

(3) MODIFICATION OF PREDEPLOYMENT HEALTH ASSESSMENT

SURVEY.—In carrying out paragraph (1), the Secretary shall—

(A) to the extent practicable, modify the predeployment 

health assessment survey to bring such survey into conformity with the detailed postdeployment health assessment 

survey in use as of October 1, 2004; and 

(B) ensure the use of the predeployment health assessment survey, as so modified, for predeployment health assessments after that date. 

(c) UNIFORM POLICY ON DEFERRAL OF MEDICAL TREATMENT

PENDING DEPLOYMENT TO THEATERS OF OPERATIONS.—

(1) REQUIREMENT FOR POLICY.—The Secretary of Defense 

shall prescribe, for uniform applicability throughout the Armed 

Forces, a policy on deferral of medical treatment of members 

pending deployment. 

(2) CONTENT.—The policy prescribed under paragraph (1) 

may specify the following matters: 

(A) The circumstances under which treatment for medical conditions may be deferred to be provided within a theater of operations in order to prevent delay or other disruption of a deployment to that theater. 

(B) The circumstances under which medical conditions 

are to be treated before deployment to that theater.

SEC. 733. BASELINE HEALTH DATA COLLECTION PROGRAM. 

(a) REQUIREMENT FOR PROGRAM.—

(1) IN GENERAL.—Chapter 55 of title 10, United States 

Code, is amended by inserting after section 1092 the following 

new section: 

‘‘§ 1092a. Persons entering the armed forces: baseline health 

data 

‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry 

out a program—

‘‘(1) to collect baseline health data from each person entering the armed forces, at the time of entry into the armed forces; 

and 

‘‘(2) to provide for computerized compilation and maintenance of the baseline health data. 

‘‘(b) PURPOSES.—The program under this section shall be designed to achieve the following purposes: 

‘‘(1) To facilitate understanding of how subsequent exposures related to service in the armed forces affect health.

‘‘(2) To facilitate development of early intervention and prevention programs to protect health and readiness.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 1092 the following new item:

‘‘1092a. Persons entering the armed forces: baseline health data.’’.

(3) TIME FOR IMPLEMENTATION.—The Secretary of Defense 

shall implement the program required under section 1092a of 

title 10, United States Code (as added by paragraph (1)), not 

later than two years after the date of the enactment of this Act. 

189

(b) INTERIM STANDARDS FOR BLOOD SAMPLING.— (1) TIME REQUIREMENTS.—Subject to paragraph (2), the 

Secretary of Defense shall require that—

(A) the blood samples necessary for the predeployment medical examination of a member of the Armed Forces required 

under section 1074f(b) of title 10, United States Code, be drawn 

not earlier than 120 days before the date of the deployment; and 

(B) the blood samples necessary for the postdeployment 

medical examination of a member of the Armed Forces required 

under such section 1074f(b) of such title be drawn not later 

than 30 days after the date on which the deployment ends. 

(2) CONTINGENT APPLICABILITY.—The standards under 

paragraph (1) shall apply unless the Joint Medical Readiness 

Oversight Committee established by section 1301 recommends, 

and the Secretary approves, different standards for blood sampling.

SEC. 734. MEDICAL CARE AND TRACKING AND HEALTH SURVEILLANCE 

IN THE THEATER OF OPERATIONS. 

(a) RECORDKEEPING POLICY.—The Secretary of Defense shall 

prescribe a policy that requires the records of all medical care provided to a member of the Armed Forces in a theater of operations 

to be maintained as part of a complete health record for the member. 

(b) IN-THEATER MEDICAL TRACKING AND HEALTH SURVEIL- LANCE.—(1) REQUIREMENT FOR EVALUATION.—The Secretary of Defense shall evaluate the system for the medical tracking and 

health surveillance of members of the Armed Forces in theaters 

of operations and take such actions as may be necessary to improve the medical tracking and health surveillance. 

(2) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall submit a 

report on the actions taken under paragraph (1) to the Committees on Armed Services of the Senate and the House of Representatives. The report shall include the following matters: 

(A) An analysis of the strengths and weaknesses of the 

medical tracking system administered under section 1074f 

of title 10, United States Code. 

(B) An analysis of the efficacy of health surveillance 

systems as a means of detecting—

(i) any health problems (including mental health 

conditions) of members of the Armed Forces contemporaneous with the performance of the assessment 

under the system; and 

(ii) exposures of the assessed members to environmental hazards that potentially lead to future health 

problems. 

(C) An analysis of the strengths and weaknesses of 

such medical tracking and surveillance systems as a means 

for supporting future research on health issues. 

(D) Recommended changes to such medical tracking 

and health surveillance systems. 

(E) A summary of scientific literature on blood sampling procedures used for detecting and identifying exposures to environmental hazards. 

190

(F) An assessment of whether there is a need for 

changes to regulations and standards for drawing blood 

samples for effective tracking and health surveillance of the 

medical conditions of personnel before deployment, upon 

the end of a deployment, and for a followup period of appropriate length. 

(c) PLAN TO OBTAIN HEALTH CARE RECORDS FROM ALLIES.—

The Secretary of Defense shall develop a plan for obtaining all 

records of medical treatment provided to members of the Armed 

Forces by allies of the United States in Operation Enduring Freedom and Operation Iraqi Freedom. The plan shall specify the actions that are to be taken to obtain all such records. 

(d) POLICY ON IN-THEATER PERSONNEL LOCATOR DATA.—Not 

later than one year after the date of the enactment of this Act, the 

Secretary of Defense shall prescribe a Department of Defense policy 

on the collection and dissemination of in-theater individual personnel location data.

SEC. 735. DECLASSIFICATION OF INFORMATION ON EXPOSURES TO 

ENVIRONMENTAL HAZARDS. 

(a) REQUIREMENT FOR REVIEW.—The Secretary of Defense shall 

review and, as determined appropriate, revise the classification policies of the Department of Defense with a view to facilitating the declassification of data that is potentially useful for the monitoring 

and assessment of the health of members of the Armed Forces who 

have been exposed to environmental hazards during deployments 

overseas, including the following data: 

(1) In-theater injury rates. 

(2) Data derived from environmental surveillance. 

(3) Health tracking and surveillance data. 

(b) CONSULTATION WITH COMMANDERS OF THEATER COMBATANT COMMANDS.—The Secretary shall, to the extent that the Secretary considers appropriate, consult with the senior commanders of 

the in-theater forces of the combatant commands in carrying out the 

review and revising policies under subsection (a).

SEC. 736. REPORT ON TRAINING ON ENVIRONMENTAL HAZARDS. 

(a) REQUIREMENT FOR REPORT ON TRAINING OF FIELD MEDICAL

PERSONNEL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the training on environmental hazards that 

is provided by the Armed Forces to medical personnel of the Armed 

Forces who are deployable to the field in direct support of combat 

personnel. 

(b) CONTENT.—The report under subsection (a) shall include the 

following: 

(1) An assessment of the adequacy of the training regarding—

(A) the identification of common environmental hazards and exposures to such hazards; and 

(B) the prevention and treatment of adverse health effects of such exposures. 

(2) A discussion of the actions taken and to be taken to improve such training.

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SEC. 737. UNIFORM POLICY FOR MEETING MOBILIZATION-RELATED 

MEDICAL CARE NEEDS AT MILITARY INSTALLATIONS. 

(a) HEALTH CARE AT MOBILIZATION INSTALLATIONS.—The Secretary of Defense shall take such steps as necessary, including 

through the uniform policy established under subsection (c), to ensure that anticipated health care needs of members of the Armed 

Forces at mobilization installations can be met at those installations. Such steps may, within authority otherwise available to the 

Secretary, include the following with respect to any such installation: 

(1) Arrangements for health care to be provided by the Secretary of Veterans Affairs. 

(2) Procurement of services from local health care providers. 

(3) Temporary employment of health care personnel to provide services at such installation. 

(b) MOBILIZATION INSTALLATIONS.—For purposes of this section, 

the term ‘‘mobilization installation’’ means a military installation at 

which members of the Armed Forces, in connection with a contingency operation or during a national emergency—

(1) are mobilized; 

(2) are deployed; or 

(3) are redeployed from a deployment location. 

(c) REQUIREMENT FOR REGULATIONS.—

(1) POLICY ON IMPLEMENTATION.—The Secretary of Defense 

shall by regulation establish a policy for the implementation of 

subsection (a) throughout the Department of Defense. 

(2) IDENTIFICATION AND ANALYSIS OF NEEDS.—As part of 

the policy prescribed under paragraph (1), the Secretary shall 

require the Secretary of each military department, with respect 

to each mobilization installation under the jurisdiction of that 

Secretary, to identify and analyze the anticipated health care 

needs at that installation with respect to members of the Armed 

Forces who may be expected to mobilize or deploy or redeploy 

at that installation as described in subsection (b)(1). Such identification and analysis shall be carried out so as to be completed before the arrival of such members at the installation. 

(3) RESPONSE TO NEEDS.—The policy established by the 

Secretary of Defense under paragraph (1) shall require that, 

based on the results of the identification and analysis under 

paragraph (2), the Secretary of the military department concerned shall determine how to expeditiously and effectively respond to those anticipated health care needs that cannot be met 

within the resources otherwise available at that installation, in 

accordance with subsection (a). 

(4) IMPLEMENTATION OF AUTHORITY.—In implementing the 

policy established under paragraph (1) at any installation, the 

Secretary of the military department concerned shall ensure 

that the commander of the installation, and the officers and 

other personnel superior to that commander in that commander’s chain of command, have appropriate authority and 

responsibility for such implementation. 

(d) POLICY.—The Secretary of Defense shall ensure—

(1) that the policy prescribed under subsection (c) is carried 

out with respect to any mobilization installation with the inVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00217 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
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volvement of all agencies of the Department of Defense that 

have responsibility for management of the installation and all 

organizations of the Department that have command authority 

over any activity at the installation; and 

(2) that such policy is implemented on a uniform basis 

throughout the Department of Defense.

SEC. 738. FULL IMPLEMENTATION OF MEDICAL READINESS TRACKING 

AND HEALTH SURVEILLANCE PROGRAM AND FORCE 

HEALTH PROTECTION AND READINESS PROGRAM. 

(a) IMPLEMENTATION AT ALL LEVELS.—The Secretary of Defense, in conjunction with the Secretaries of the military departments, shall take such actions as are necessary to ensure that the 

Army, Navy, Air Force, and Marine Corps fully implement at all 

levels—

(1) the Medical Readiness Tracking and Health Surveillance Program under this title and the amendments made by 

this title; and

(2) the Force Health Protection and Readiness Program of 

the Department of Defense (relating to the prevention of injury 

and illness and the reduction of disease and noncombat injury 

threats). 

(b) ACTION OFFICIAL.—The Secretary of Defense may act 

through the Under Secretary of Defense for Personnel and Readiness in carrying out subsection (a).

SEC. 739. REPORTS AND INTERNET ACCESSIBILITY RELATING TO 

HEALTH MATTERS.

(a) ANNUAL REPORTS.— (1) REQUIREMENT FOR REPORTS.—Chapter 55 of title 10, 

United States Code, is amended by inserting after section 1073a 

the following new section: 

‘‘§ 1073b. Recurring reports 

‘‘(a) ANNUAL REPORT ON HEALTH PROTECTION QUALITY.—(1) 

The Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives each year 

a report on the Force Health Protection Quality Assurance Program 

of the Department of Defense. The report shall cover the calendar 

year preceding the year in which the report is submitted and include the following matters: 

‘‘(A) The results of an audit conducted during the calendar 

year covered by the report of the extent to which the blood samples required to be obtained as described in section 733(b) of the 

Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 from members of the armed forces before and 

after a deployment are stored in the blood serum repository of 

the Department of Defense. 

‘‘(B) The results of an audit conducted during the calendar 

year covered by the report of the extent to which the records of 

the health assessments required under section 1074f of this title 

for members of the armed forces before and after a deployment 

are being maintained in the electronic database of the Defense 

Medical Surveillance System. 

‘‘(C) An analysis of the actions taken by Department of Defense personnel to respond to health concerns expressed by 

members of the armed forces upon return from a deployment. 

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‘‘(D) An analysis of the actions taken by Department of Defense personnel to evaluate or treat members of the armed forces 

who are confirmed to have been exposed to occupational or environmental hazards deleterious to their health during a deployment. 

‘‘(2) The Secretary of Defense shall act through the Assistant 

Secretary of Defense for Health Affairs in carrying out this subsection. 

‘‘(b) ANNUAL REPORT ON RECORDING OF HEALTH ASSESSMENT

DATA IN MILITARY HEALTH RECORDS.—The Secretary of Defense 

shall issue each year a report on the compliance by the military departments with applicable law and policies on the recording of 

health assessment data in military health records, including compliance with section 1074f(c) of this title. The report shall cover the 

calendar year preceding the year in which the report is submitted 

and include a discussion of the extent to which immunization status 

and predeployment and postdeployment health care data are being 

recorded in such records.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 1073a the following new item:

‘‘1073b. Recurring reports.’’.

(3) INITIAL REPORTS.—The first reports under section 1073b 

of title 10, United States Code (as added by paragraph (1)), 

shall be completed not later than 180 days after the date of the 

enactment of this Act. 

(b) INTERNET ACCESSIBILITY OF HEALTH ASSESSMENT INFORMA- TION FOR MEMBERS OF THE ARMED FORCES.—Not later than one 

year after the date of the enactment of this Act, the Chief Information Officer of each military department shall ensure that the online 

portal website of that military department includes the following information relating to health assessments: 

(1) Information on the policies of the Department of Defense 

and the military department concerned regarding 

predeployment and postdeployment health assessments, including policies on the following matters: 

(A) Health surveys. 

(B) Physical examinations. 

(C) Collection of blood samples and other tissue samples. 

(2) Procedural information on compliance with such policies, including the following information: 

(A) Information for determining whether a member is 

in compliance. 

(B) Information on how to comply. 

(3) Health assessment surveys that are either—

(A) web-based; or 

(B) accessible (with instructions) in printer-ready form 

by download. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION 

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Policy and Management 

Sec. 801. Software-related program costs under major defense acquisition programs. 

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Sec. 802. Internal controls for Department of Defense procurements through GSA 

Client Support Centers.

Sec. 803. Defense commercial communications satellite services procurement process. 

Sec. 804. Contractor performance of acquisition functions closely associated with inherently governmental functions. 

Sec. 805. Sustainment plans for existing systems while replacement systems are 

under development.

Sec. 806. Applicability of competition exceptions to eligibility of National Guard for 

financial assistance for performance of additional duties. 

Sec. 807. Inflation adjustment of acquisition-related dollar thresholds.

Subtitle B—Amendments to General Contracting Authorities, Procedures, 

and Limitations 

Sec. 811. Rapid acquisition authority to respond to combat emergencies. 

Sec. 812. Defense acquisition workforce improvements. 

Sec. 813. Period for multiyear task and delivery order contracts. 

Sec. 814. Funding for contract ceilings for certain multiyear procurement contracts.

Sec. 815. Increased threshold for senior procurement executive approval of use of 

procedures other than competitive procedures. 

Sec. 816. Increased threshold for applicability of requirement for defense contractors 

to provide information on subcontracting authority of contractor personnel to cooperative agreement holders. 

Sec. 817. Extension of authority for use of simplified acquisition procedures.

Sec. 818. Submission of cost or pricing data on noncommercial modifications of 

commercial items. 

Sec. 819. Delegations of authority to make determinations relating to payment of defense contractors for business restructuring costs. 

Sec. 820. Availability of Federal supply schedule supplies and services to United 

Service Organizations, Incorporated. 

Sec. 821. Addition of landscaping and pest control services to list of designated industry groups participating in the Small Business Competitiveness 

Demonstration Program.

Sec. 822. Increased thresholds under special emergency procurement authority. 

Subtitle C—United States Defense Industrial Base Provisions 

Sec. 831. Defense trade reciprocity. 

Sec. 832. Assessment and report on the acquisition of polyacrylonitrile (PAN) carbon 

fiber from foreign sources. 

Subtitle D—Extensions of Temporary Program Authorities 

Sec. 841. Extension of mentor-protege program.

Sec. 842. Amendment to mentor-protege program. 

Sec. 843. Extension of test program for negotiation of comprehensive small business 

subcontracting plans. 

Sec. 844. Extension of pilot program on sales of manufactured articles and services 

of certain Army industrial facilities. 

Subtitle E—Other Acquisition Matters 

Sec. 851. Review and demonstration project relating to contractor employees. 

Sec. 852. Inapplicability of certain fiscal laws to settlements under special temporary contract closeout authority. 

Sec. 853. Contracting with employers of persons with disabilities. 

Sec. 854. Defense procurements made through contracts of other agencies. 

Sec. 855. Requirements relating to source selection for integrated support of aerial 

refueling aircraft fleet for the Air Force.

Subtitle A—Acquisition Policy and Management

SEC. 801. SOFTWARE-RELATED PROGRAM COSTS UNDER MAJOR DEFENSE ACQUISITION PROGRAMS. 

(a) CONTENT OF QUARTERLY UNIT COST REPORT.—Subsection 

(b) of section 2433 of title 10, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(5) Any significant changes in the total program cost for 

development and procurement of the software component of the 

program, schedule milestones for the software component of the 

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program, or expected performance for the software component of 

the program that are known, expected, or anticipated by the 

program manager.’’. 

(b) CONTENT OF SELECTED ACQUISITION REPORT.—(1) Subsection (g)(1) of such section is amended by adding at the end the 

following new subparagraph: 

‘‘(Q) In any case in which one or more problems with the 

software component of the program significantly contributed to 

the increase in program unit costs, the action taken and proposed to be taken to solve such problems.’’. 

(2) Section 2432(e) of title 10, United States Code, is amended—

(A) by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively; and 

(B) by inserting after paragraph (6) the following new paragraph (7): 

‘‘(7) The reasons for any significant changes (from the previous Selected Acquisition Report) in the total program cost for 

development and procurement of the software component of the 

program, schedule milestones for the software component of the 

program, or expected performance for the software component of 

the program that are known, expected, or anticipated by the 

program manager.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date occurring 60 days after the date of the 

enactment of this Act, and shall apply with respect to reports due 

to be submitted to Congress on or after such date.

SEC. 802. INTERNAL CONTROLS FOR DEPARTMENT OF DEFENSE PROCUREMENTS THROUGH GSA CLIENT SUPPORT CENTERS. 

(a) INITIAL INSPECTOR GENERAL REVIEW AND DETERMINATION.—(1) Not later than March 15, 2005, the Inspector General of 

the Department of Defense and the Inspector General of the General 

Services Administration shall jointly—

(A) review—

(i) the policies, procedures, and internal controls of 

each GSA Client Support Center; and 

(ii) the administration of those policies, procedures, 

and internal controls; and 

(B) for each such Center, determine in writing whether—

(i) the Center is compliant with defense procurement 

requirements; 

(ii) the Center is not compliant with defense procurement requirements, but the Center made significant 

progress during 2004 toward becoming compliant with defense procurement requirements; or 

(iii) neither of the conclusions stated in clauses (i) and 

(ii) is correct. 

(2) If the Inspectors General determine under paragraph (1) 

that the conclusion stated in clause (ii) or (iii) of subparagraph (B) 

of such paragraph is correct in the case of a GSA Client Support 

Center, those Inspectors General shall, not later than March 15, 

2006, jointly—

(A) conduct a second review regarding that GSA Client 

Support Center as described in paragraph (1)(A); and 

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(B) determine in writing whether that GSA Client Support 

Center is or is not compliant with defense procurement requirements. 

(b) COMPLIANCE WITH DEFENSE PROCUREMENT REQUIRE- MENTS.—For the purposes of this section, a GSA Client Support 

Center is compliant with defense procurement requirements if the 

GSA Client Support Center’s policies, procedures, and internal controls, and the manner in which they are administered, are adequate 

to ensure compliance of that Center with the requirements of laws 

and regulations that apply to procurements of property and services 

made directly by the Department of Defense. 

(c) LIMITATIONS ON PROCUREMENTS THROUGH GSA CLIENT

SUPPORT CENTERS.—(1) After March 15, 2005, and before March 

16, 2006, no official of the Department of Defense may, except as 

provided in subsection (d) or (e), order, purchase, or otherwise procure property or services in an amount in excess of $100,000 

through any GSA Client Support Center for which a determination 

described in paragraph (1)(B)(iii) of subsection (a) has been made 

under that subsection. 

(2) After March 15, 2006, no official of the Department of Defense may, except as provided in subsection (d) or (e), order, purchase, or otherwise procure property or services in an amount in excess of $100,000 through any GSA Client Support Center that has 

not been determined under this section as being compliant with defense procurement requirements. 

(d) EXCEPTION FROM APPLICABILITY OF LIMITATIONS.—(1) No 

limitation applies under subsection (c) with respect to the procurement of property and services from a particular GSA Client Support 

Center during any period that there is in effect a determination of 

the Under Secretary of Defense for Acquisition, Technology, and Logistics, made in writing, that it is necessary in the interest of the 

Department of Defense to continue to procure property and services 

through that GSA Client Support Center. 

(2) A written determination with respect to a GSA Client Support Center under paragraph (1) is in effect for the period, not in 

excess of one year, that the Under Secretary of Defense for Acquisition, Technology, and Logistics shall specify in the written determination. The Under Secretary may extend from time to time, for 

up to one year at a time, the period for which the written determination remains in effect.

(e) TERMINATION OF APPLICABILITY OF LIMITATIONS.—Subsection (c) shall cease to apply to a GSA Client Support Center on 

the date on which the Inspector General of the Department of Defense and the Inspector General of the General Services Administration jointly determine that such Center is compliant with defense 

procurement requirements and notify the Secretary of Defense of 

that determination. 

(f) GSA CLIENT SUPPORT CENTER DEFINED.—In this section, 

the term ‘‘GSA Client Support Center’’ means a Client Support Center of the Federal Technology Service of the General Services Administration.

SEC. 803. DEFENSE COMMERCIAL COMMUNICATIONS SATELLITE SERVICES PROCUREMENT PROCESS. 

(a) REQUIREMENT FOR DETERMINATION.—The Secretary of Defense shall review all potential mechanisms for procuring commerVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00222 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
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cial communications satellite services and provide guidance to the 

Director of the Defense Information Systems Agency and the Secretaries of the military departments on how such procurements should 

be conducted. The alternative procurement mechanisms reviewed by 

the Secretary of Defense shall, at a minimum, include the following: 

(1) Procurement under indefinite delivery, indefinite quantity contracts of other departments and agencies of the Federal 

Government, including the Federal Technology Service of the 

General Services Administration. 

(2) Procurement directly from commercial sources that are 

qualified as described in subsection (b), using full and open 

competition (as defined in section 4(6) of the Office of Federal 

Procurement Policy Act (41 U.S.C. 403(6))). 

(3) Procurement by any other means that has been used by 

the Director of the Defense Information Systems Agency or the 

Secretary of a military department to enter into a contract for 

the procurement of commercial communications satellite services that is in force on the date of the enactment of this Act, including through commercial communications satellite service 

integrators and resellers. 

(4) Procurement under the method used as of the date of 

the enactment of this Act, modified with streamlined processes 

to ensure increased efficiency and cost effectiveness. 

(b) QUALIFIED SOURCES.—A source of commercial communications satellite services referred to in paragraph (2) of subsection (a) 

is a qualified source if the source is incorporated under the laws of 

a State of the United States and is either—

(1) a source of commercial communications satellite services 

under a Federal Technology Service contract for the procurement of commercial communications satellite services described 

in paragraph (1) of such subsection that is in force on the date 

of the enactment of this Act; or 

(2) a source of commercial communications satellite services 

that meets qualification requirements (as defined in section 

2319 of title 10, United States Code, and established in accordance with that section) to enter into a Federal Technology Service contract for the procurement of commercial communications 

satellite services. 

(c) REPORT.—Not later than April 30, 2005, the Secretary of Defense shall submit to Congress a report setting forth the conclusions 

resulting from the Secretary’s review under subsection (a). The report shall include—

(1) the guidance provided under such subsection; and 

(2) a discussion of the rationale for that guidance and how 

the guidance will address each recommendation made in the 

December 2003 report of the General Accounting Office titled 

‘‘Satellite Communications: Strategic Approach Needed for 

DOD’s Procurement of Commercial Satellite BandWidth’’ 

(GAO–04–206). 

(d) EFFECTIVE DATE.—(1) The Secretary may not enter into a 

contract for commercial communications satellite services (using 

any mechanism reviewed under subsection (a) or otherwise) until 

the expiration of 30 days after the date on which the report described in subsection (c) has been received by Congress, unless the 

198

Secretary determines that such a contract is required to meet urgent 

national security requirements. 

(2) Notwithstanding paragraph (1), the Secretary may issue a 

task order or delivery order under a contract for commercial communications satellite services that was awarded before the date of 

the enactment of this Act.

SEC. 804. CONTRACTOR PERFORMANCE OF ACQUISITION FUNCTIONS 

CLOSELY ASSOCIATED WITH INHERENTLY GOVERNMENTAL FUNCTIONS. 

(a) LIMITATION.—(1) Chapter 141 of title 10, United States 

Code, is amended by inserting after section 2382 the following new 

section: 

‘‘§ 2383. Contractor performance of acquisition functions 

closely associated with inherently governmental 

functions 

‘‘(a) LIMITATION.—The head of an agency may enter into a contract for the performance of acquisition functions closely associated 

with inherently governmental functions only if the contracting officer for the contract ensures that—

‘‘(1) appropriate military or civilian personnel of the Department of Defense cannot reasonably be made available to 

perform the functions; 

‘‘(2) appropriate military or civilian personnel of the Department of Defense are—

‘‘(A) to supervise contractor performance of the contract; 

and 

‘‘(B) to perform all inherently governmental functions 

associated with the functions to be performed under the 

contract; and 

‘‘(3) the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract, consistent with subpart 9.5 of part 9 

of the Federal Acquisition Regulation and the best interests of 

the Department of Defense. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘head of an agency’ has the meaning given 

such term in section 2302(1) of this title, except that such term 

does not include the Secretary of Homeland Security or the Administrator of the National Oceanic and Atmospheric Administration. 

‘‘(2) The term ‘inherently governmental functions’ has the 

meaning given such term in subpart 7.5 of part 7 of the Federal 

Acquisition Regulation. 

‘‘(3) The term ‘functions closely associated with inherently 

governmental functions’ means the functions described in section 7.503(d) of the Federal Acquisition Regulation. 

‘‘(4) The term ‘organizational conflict of interest’ has the 

meaning given such term in subpart 9.5 of part 9 of the Federal 

Acquisition Regulation.’’. 

(2) The table of sections at the beginning of such chapter is 

amended by inserting after the item relating to section 2382 the following new item:

‘‘2383. Contractor performance of acquisition functions closely associated with inherently governmental functions.’’.

199

(b) EFFECTIVE DATE.—Section 2383 of title 10, United States 

Code (as added by subsection (a)), shall apply to contracts entered 

into on or after the date of the enactment of this Act.

SEC. 805. SUSTAINMENT PLANS FOR EXISTING SYSTEMS WHILE REPLACEMENT SYSTEMS ARE UNDER DEVELOPMENT. 

(a) EXISTING SYSTEMS TO BE MAINTAINED WHILE REPLACEMENT SYSTEMS ARE UNDER DEVELOPMENT.—(1) Chapter 144 of title 

10, United States Code, is amended by inserting after section 2436 

the following new section:

‘‘§ 2437. Development of major defense acquisition programs: 

sustainment of system to be replaced 

‘‘(a) REQUIREMENT FOR SUSTAINING EXISTING FORCES.—(1) The 

Secretary of Defense shall require that, whenever a new major defense acquisition program begins development, the defense acquisition authority responsible for that program shall develop a plan (to 

be known as a ‘sustainment plan’) for the existing system that the 

system under development is intended to replace. Any such 

sustainment plan shall provide for an appropriate level of budgeting 

for sustaining the existing system until the replacement system to be 

developed under the major defense acquisition program is fielded 

and assumes the majority of responsibility for the mission of the existing system. This section does not apply to a major defense acquisition that reaches initial operational capability before October 1, 

2008. 

‘‘(2) In this section, the term ‘defense acquisition authority’ 

means the Secretary of a military department or the commander of 

the United States Special Operations Command. 

‘‘(b) SUSTAINMENT PLAN.—The Secretary of Defense shall require that each sustainment plan under this section include, at a 

minimum, the following:

‘‘(1) The milestone schedule for the development of the 

major defense acquisition program, including the scheduled 

dates for low-rate initial production, initial operational capability, full-rate production, and full operational capability and 

the date as of when the replacement system is scheduled to assume the majority of responsibility for the mission of the existing system. 

‘‘(2) An analysis of the existing system to assess the following: 

‘‘(A) Anticipated funding levels necessary to—

‘‘(i) ensure acceptable reliability and availability 

rates for the existing system; and 

‘‘(ii) maintain mission capability of the existing 

system against the relevant threats. 

‘‘(B) The extent to which it is necessary and appropriate to—

‘‘(i) transfer mature technologies from the new system or other systems to enhance the mission capability 

of the existing system against relevant threats; and 

‘‘(ii) provide interoperability with the new system 

during the period from initial fielding until the new 

system assumes the majority of responsibility for the 

mission of the existing system. 

200

‘‘(c) EXCEPTIONS.—Subsection (a) shall not apply to a major defense acquisition program if the Secretary of Defense determines 

that—

‘‘(1) the existing system is no longer relevant to the mission; 

‘‘(2) the mission has been eliminated; 

‘‘(3) the mission has been consolidated with another mission in such a manner that another existing system can adequately meet the mission requirements; or 

‘‘(4) the duration of time until the new system assumes the 

majority of responsibility for the existing system’s mission is 

sufficiently short so that mission availability, capability, interoperability, and force protection requirements are maintained. 

‘‘(d) WAIVER.—The Secretary of Defense may waive the applicability of subsection (a) to a major defense acquisition program if the 

Secretary determines that, but for such a waiver, the Department 

would be unable to meet national security objectives. Whenever the 

Secretary makes such a determination and authorizes such a waiver, the Secretary shall submit notice of such waiver and of the Secretary’s determination and the reasons therefor in writing to the 

congressional defense committees.’’. 

(2) The table of sections at the beginning of such chapter is 

amended by inserting after the item relating to section 2436 the following new item:

‘‘2437. Development of major defense acquisition programs: sustainment of system to 

be replaced.’’.

(b) APPLICATION TO EXISTING PROGRAMS IN DEVELOPMENT.—

Section 2437 of title 10, United States Code, as added by subsection 

(a), shall apply with respect to a major defense acquisition program 

for a system that is under development as of the date of the enactment of this Act and is not expected to reach initial operational capability before October 1, 2008. The Secretary of Defense shall require that a sustainment plan under that section be developed not 

later than one year after the date of the enactment of this Act for 

the existing system that the system under development is intended 

to replace.

SEC. 806. APPLICABILITY OF COMPETITION EXCEPTIONS TO ELIGIBILITY OF NATIONAL GUARD FOR FINANCIAL ASSISTANCE 

FOR PERFORMANCE OF ADDITIONAL DUTIES. 

Section 113(b)(1)(B) of title 32, United States Code, is amended 

by inserting before the period at the end the following: ‘‘, subject to 

the exceptions provided in section 2304(c) of title 10’’.

SEC. 807. INFLATION ADJUSTMENT OF ACQUISITION-RELATED DOLLAR THRESHOLDS. 

(a) INFLATION ADJUSTMENT AUTHORITY.—(1) The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by 

inserting after section 35 the following new section: 

‘‘SEC. 35A. INFLATION ADJUSTMENT OF ACQUISITION-RELATED DOLLAR THRESHOLDS. 

‘‘(a) REQUIREMENT FOR PERIODIC ADJUSTMENT.—(1) On October 

1 of each year that is evenly divisible by five, the Federal Acquisition Regulatory Council shall adjust each acquisition-related dollar 

threshold provided by law, as described in subsection (c), to the 

baseline constant dollar value of that threshold. 

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‘‘(2) For the purposes of paragraph (1), the baseline constant 

dollar value—

‘‘(A) for a dollar threshold in effect on October 1, 2000, that 

was first specified in a law that took effect on or before such 

date shall be the October 1, 2000, constant dollar value of that 

dollar threshold; and 

‘‘(B) for a dollar threshold specified in a law that takes effect after October 1, 2000, shall be the constant dollar value of 

that threshold as of the effective date of that dollar threshold 

pursuant to such law. 

‘‘(b) ADJUSTMENTS EFFECTIVE UPON PUBLICATION.—The Federal Acquisition Regulatory Council shall publish a notice of the adjusted dollar thresholds under this section in the Federal Register. 

The adjusted dollar thresholds shall take effect on the date of publication. 

‘‘(c) ACQUISITION-RELATED DOLLAR THRESHOLDS.—Except as 

provided in subsection (d), the requirement for adjustment under 

subsection (a) applies to a dollar threshold that is specified in law 

as a factor in defining the scope of the applicability of a policy, procedure, requirement, or restriction provided in that law to the procurement of property or services by an executive agency, as determined by the Federal Acquisition Regulatory Council. 

‘‘(d) EXCLUDED THRESHOLDS.—Subsection (a) does not apply 

to—

‘‘(1) dollar thresholds in sections 3141 through 3144, 3146, 

and 3147 of title 40, United States Code; 

‘‘(2) dollar thresholds in the Service Contract Act of 1965 

(41 U.S.C. 351, et seq.); or 

‘‘(3) dollar thresholds established by the United States 

Trade Representative pursuant to title III of the Trade Agreements Act of 1979 (19 U.S.C. 2511 et seq.). 

‘‘(e) CALCULATION OF ADJUSTMENTS.—An adjustment under 

this section shall—

‘‘(1) be calculated on the basis of changes in the Consumer 

Price Index for all-urban consumers published monthly by the 

Department of Labor; and 

‘‘(2) be rounded—

‘‘(A) in the case of a dollar threshold that (as in effect on the day before the adjustment) is less than $10,000, to 

the nearest $500; 

‘‘(B) in the case of a dollar threshold that (as in effect on the day before the adjustment) is not less than $10,000, 

but is less than $100,000, to the nearest $5,000; 

‘‘(C) in the case of a dollar threshold that (as in effect on the day before the adjustment) is not less than $100,000, 

but is less than $1,000,000, to the nearest $50,000; and 

‘‘(D) in the case of a dollar threshold that (as in effect on the day before the adjustment) is $1,000,000 or more, to 

the nearest $500,000. 

‘‘(f) PETITION FOR INCLUSION OF OMITTED THRESHOLD.—(1) If 

a dollar threshold adjustable under this section is not included in 

a notice of adjustment published under subsection (b), any person 

may request adjustment of that dollar threshold by submitting a petition for adjustment to the Administrator for Federal Procurement 

Policy. 

202

‘‘(2) Upon receipt of a petition for adjustment of a dollar threshold under paragraph (1), the Administrator shall—

‘‘(A) determine, in writing, whether that dollar threshold is 

required to be adjusted under this section; and 

‘‘(B) if so, shall publish in the Federal Register a revised 

notice of the adjusted dollar thresholds under this section that 

includes the adjustment of the dollar threshold covered by the 

petition. 

‘‘(3) The adjustment of a dollar threshold pursuant to a petition 

under this subsection shall take effect on the date of the publication 

of the revised notice adding the adjustment of that dollar threshold 

under paragraph (2)(B).’’. 

(2) The table of contents in section 1(b) of such Act is amended 

by inserting after the item relating to section 35 the following new 

item:

‘‘Sec. 35A. Inflation adjustment of acquisition-related dollar thresholds.’’.

(b) DEFINITION OF FEDERAL ACQUISITION REGULATORY COUNCIL.—Section 4 of such Act is amended by adding at the end the following new paragraph: 

‘‘(17) The term ‘Federal Acquisition Regulatory Council’ 

means the Federal Acquisition Regulatory Council established 

under section 25.’’. 

(c) RELATIONSHIP TO OTHER INFLATION ADJUSTMENT AUTHORI- TIES.—(1) Section 35A of the Office of Federal Procurement Policy 

Act, as added by subsection (a), supersedes the applicability of any 

other provision of law that provides for the adjustment of a dollar 

threshold that is adjustable under such section. 

(2) After the date of the enactment of this Act, a dollar threshold adjustable under section 35A of the Office of Federal Procurement Policy Act, as added by subsection (a), shall be adjusted only 

as provided under that section.

Subtitle B—Amendments to General Contracting Authorities, 

Procedures, and Limitations

SEC. 811. RAPID ACQUISITION AUTHORITY TO RESPOND TO COMBAT 

EMERGENCIES. 

Section 806 of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended—

(1) by redesignating subsections (c) and (d) as subsections 

(e) and (f), respectively; and 

(2) by inserting after subsection (b) the following new subsections (c) and (d): 

‘‘(c) RESPONSE TO COMBAT EMERGENCIES.—(1) In the case of 

any equipment that, as determined in writing by the Secretary of 

Defense without delegation, is urgently needed to eliminate a combat capability deficiency that has resulted in combat fatalities, the 

Secretary shall use the procedures developed under this section in 

order to accomplish the rapid acquisition and deployment of the 

needed equipment. 

‘‘(2)(A) Whenever the Secretary makes a determination under 

paragraph (1) that certain equipment is urgently needed to eliminate a combat capability deficiency that has resulted in combat fatalities, the Secretary shall designate a senior official of the Department of Defense to ensure that the needed equipment is acquired 

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and deployed as quickly as possible, with a goal of awarding a contract for the acquisition of the equipment within 15 days. 

‘‘(B) Upon designation of a senior official under subparagraph 

(A), the Secretary shall authorize that official to waive any provision of law, policy, directive, or regulation described in subsection 

(d) that such official determines in writing would unnecessarily impede the rapid acquisition and deployment of the needed equipment. 

In a case in which the needed equipment cannot be acquired without an extensive delay, the senior official shall require that an interim solution be implemented and deployed using the procedures 

developed under this section to minimize the combat capability deficiency and combat fatalities. 

‘‘(3) The authority of this section may not be used to acquire 

equipment in an amount aggregating more than $100,000,000 during any fiscal year. For acquisitions of equipment under this section 

during the fiscal year in which the Secretary makes the determination described in paragraph (1) with respect to such equipment, the 

Secretary may use any funds available to the Department of Defense 

for that fiscal year. 

‘‘(4) The Secretary of Defense shall notify the congressional defense committees within 15 days after each determination made 

under paragraph (1). Each such notice shall identify—

‘‘(A) the equipment to be acquired; 

‘‘(B) the amount anticipated to be expended for the acquisition; and 

‘‘(C) the source of funds for the acquisition. 

‘‘(5) Any acquisition initiated under this subsection shall transition to the normal acquisition system not later than two years after 

the date on which the Secretary makes the determination described 

in paragraph (1) with respect to that equipment.

‘‘(d) WAIVER OF CERTAIN STATUES AND REGULATIONS.—(1) 

Upon a determination described in subsection (c)(1), the senior official designated in accordance with subsection (c)(2) with respect to 

that designation is authorized to waive any provision of law, policy, 

directive or regulation addressing—

‘‘(A) the establishment of the requirement for the equipment; 

‘‘(B) the research, development, test, and evaluation of the 

equipment; or 

‘‘(C) the solicitation and selection of sources, and the award 

of the contract, for procurement of the equipment. 

‘‘(2) Nothing in this subsection authorizes the waiver of—

‘‘(A) the requirements of this section or the regulations implementing this section; or 

‘‘(B) any provision of law imposing civil or criminal penalties.’’.

SEC. 812. DEFENSE ACQUISITION WORKFORCE IMPROVEMENTS. 

(a) SELECTION CRITERIA FOR ACQUISITION CORPS AND FOR

CRITICAL ACQUISITION POSITIONS.—(1) Section 1732(b) of title 10, 

United States Code, is amended by striking paragraph (1) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and 

(3), respectively. 

(2) Section 1733(b)(1) of title 10, United States Code, is amended in subparagraph (A) by striking ‘‘in a position within grade GS–

14 or above of the General Schedule,’’ and inserting ‘‘in a senior poVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00229 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
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sition in the National Security Personnel System, as determined in 

accordance with guidelines prescribed by the Secretary,’’. 

(b) SCHOLARSHIP PROGRAM REQUIREMENTS.—Section 1742 of 

such title is amended—

(1) by inserting ‘‘(a) PROGRAMS.—’’ at the beginning of the 

text; and 

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

‘‘(b) SCHOLARSHIP PROGRAM REQUIREMENTS.—Each recipient of 

a scholarship under a program conducted under subsection (a)(3) 

shall be required to sign a written agreement that sets forth the 

terms and conditions of the scholarship. The agreement shall be in 

a form prescribed by the Secretary and shall include terms and conditions, including terms and conditions addressing reimbursement 

in the event that a recipient fails to fulfill the requirements of the 

agreement, that are comparable to those set forth as a condition for 

providing advanced education assistance under section 2005. The 

obligation to reimburse the United States under an agreement 

under this subsection is, for all purposes, a debt owing the United 

States.’’. 

(c) AUTHORITY TO ESTABLISH MINIMUM REQUIREMENTS.—(1) 

Section 1764(b) of such title is amended—

(A) by redesignating paragraph (5) as paragraph (6); and 

(B) by inserting after paragraph (4) the following new paragraph (5): 

‘‘(5) Deputy program manager.’’. 

(2) Paragraph (1) of such section is amended by striking ‘‘in 

paragraph (5)’’ and inserting ‘‘in paragraph (6)’’.

SEC. 813. PERIOD FOR MULTIYEAR TASK AND DELIVERY ORDER CONTRACTS. 

(a) REVISED MAXIMUM PERIOD.—Section 2304a(f) of title 10, 

United States Code, is amended by striking ‘‘a total period of not 

more than five years.’’ and inserting ‘‘any period up to five years 

and may extend the contract period for one or more successive periods pursuant to an option provided in the contract or a modification 

of the contract. The total contract period as extended may not exceed 

10 years unless such head of an agency determines in writing that 

exceptional circumstances necessitate a longer contract period.’’. 

(b) ANNUAL REPORT.—Not later than 60 days after the end of 

each of fiscal years 2005 through 2009, the Secretary of Defense 

shall submit to Congress a report setting forth each extension of a 

contract period to a total of more than 10 years that was granted 

for task and delivery order contracts of the Department of Defense 

during such fiscal year under section 2304a(f) of title 10, United 

States Code. The report shall include, with respect to each such contract period extension—

(1) a discussion of the exceptional circumstances on which 

the extension was based; and 

(2) the justification for the determination of exceptional circumstances.

SEC. 814. FUNDING FOR CONTRACT CEILINGS FOR CERTAIN 

MULTIYEAR PROCUREMENT CONTRACTS. 

(a) MULTIYEAR CONTRACTS RELATING TO PROPERTY.—Section 

2306b(g) of title 10, United States Code, is amended—

(1) by inserting ‘‘(1)’’ before ‘‘Before any’’; 

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(2) by striking ‘‘Committee’’ through ‘‘House of Representatives’’ and inserting ‘‘congressional defense committees’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) In the case of a contract described in subsection (a) with 

a cancellation ceiling described in paragraph (1), if the budget for 

the contract does not include proposed funding for the costs of contract cancellation up to the cancellation ceiling established in the 

contract, the head of the agency concerned shall, as part of the certification required by subsection (i)(1)(A), give written notification to 

the congressional defense committees of—

‘‘(A) the cancellation ceiling amounts planned for each program year in the proposed multiyear procurement contract, together with the reasons for the amounts planned; 

‘‘(B) the extent to which costs of contract cancellation are 

not included in the budget for the contract; and 

‘‘(C) a financial risk assessment of not including budgeting 

for costs of contract cancellation.’’. 

(b) MULTIYEAR CONTRACTS RELATING TO SERVICES.—Section 

2306c(d) of title 10, United States Code, is amended—

(1) in paragraphs (1), (3), and (4), by striking ‘‘committees 

of Congress named in paragraph (5)’’ and inserting ‘‘congressional defense committees’’ each place it appears; and 

(2) by amending paragraph (5) to read as follows: 

‘‘(5) In the case of a contract described in subsection (a) with 

a cancellation ceiling described in paragraph (4), if the budget for 

the contract does not include proposed funding for the costs of contract cancellation up to the cancellation ceiling established in the 

contract, the head of the agency concerned shall give written notification to the congressional defense committees of—

‘‘(A) the cancellation ceiling amounts planned for each program year in the proposed multiyear procurement contract, together with the reasons for the amounts planned; 

‘‘(B) the extent to which costs of contract cancellation are 

not included in the budget for the contract; and 

‘‘(C) a financial risk assessment of not including budgeting 

for costs of contract cancellation.’’.

SEC. 815. INCREASED THRESHOLD FOR SENIOR PROCUREMENT EXECUTIVE APPROVAL OF USE OF PROCEDURES OTHER THAN 

COMPETITIVE PROCEDURES. 

Section 2304(f)(1)(B) of title 10, United States Code, is amended 

by striking ‘‘$50,000,000’’ both places it appears and inserting 

‘‘$75,000,000’’.

SEC. 816. INCREASED THRESHOLD FOR APPLICABILITY OF REQUIREMENT FOR DEFENSE CONTRACTORS TO PROVIDE INFORMATION ON SUBCONTRACTING AUTHORITY OF CONTRACTOR PERSONNEL TO COOPERATIVE AGREEMENT 

HOLDERS. 

Section 2416(d) of title 10, United States Code, is amended by 

striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’.

SEC. 817. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION PROCEDURES. 

Section 4202(e) of the Clinger-Cohen Act (division D of Public 

Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended by 

striking ‘‘January 1, 2006’’ and inserting ‘‘January 1, 2008’’.

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SEC. 818. SUBMISSION OF COST OR PRICING DATA ON NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL ITEMS. 

(a) INAPPLICABILITY OF COMMERCIAL ITEMS EXCEPTION TO

NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL ITEMS.—Subsection (b) of section 2306a of title 10, United States Code, is 

amended by adding at the end the following new paragraph: 

‘‘(3) NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL

ITEMS.—(A) The exception in paragraph (1)(B) does not apply to 

cost or pricing data on noncommercial modifications of a commercial item that are expected to cost, in the aggregate, more 

than $500,000 or 5 percent of the total price of the contract, 

whichever is greater. 

‘‘(B) In this paragraph, the term ‘noncommercial modification’, with respect to a commercial item, means a modification 

of such item that is not a modification described in section 

4(12)(C)(i) of the Office of Federal Procurement Policy Act (41 

U.S.C. 403(12)(C)(i)). 

‘‘(C) Nothing in subparagraph (A) shall be construed—

‘‘(i) to limit the applicability of the exception in subparagraph (A) or (C) of paragraph (1) to cost or pricing 

data on a noncommercial modification of a commercial 

item; or 

‘‘(ii) to require the submission of cost or pricing data on 

any aspect of an acquisition of a commercial item other 

than the cost and pricing of noncommercial modifications 

of such item.’’. 

(b) EFFECTIVE DATE AND APPLICABILITY.—Paragraph (3) of section 2306a of title 10, United States Code (as added by subsection 

(a)), shall take effect on June 1, 2005, and shall apply with respect 

to offers submitted, and to modifications of contracts or subcontracts made, on or after that date.

SEC. 819. DELEGATIONS OF AUTHORITY TO MAKE DETERMINATIONS 

RELATING TO PAYMENT OF DEFENSE CONTRACTORS FOR 

BUSINESS RESTRUCTURING COSTS. 

Section 2325(a)(2) of title 10, United States Code, is amended—

(1) by striking ‘‘paragraph (1) to an official’’ and all that 

follows and inserting ‘‘paragraph (1), with respect to a business 

combination, to an official of the Department of Defense—’’; and 

(2) by adding at the end the following: 

‘‘(A) below the level of an Assistant Secretary of Defense for 

cases in which the amount of restructuring costs is expected to 

exceed $25,000,000 over a 5-year period; or 

‘‘(B) below the level of the Director of the Defense Contract 

Management Agency for all other cases.’’. 

SEC. 820. AVAILABILITY OF FEDERAL SUPPLY SCHEDULE SUPPLIES 

AND SERVICES TO UNITED SERVICE ORGANIZATIONS, INCORPORATED. 

Section 220107 of title 36, United States Code, is amended by 

inserting after ‘‘Department of Defense’’ the following: ‘‘, including 

access to General Services Administration supplies and services 

through the Federal Supply Schedule of the General Services Administration,’’.

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SEC. 821. ADDITION OF LANDSCAPING AND PEST CONTROL SERVICES 

TO LIST OF DESIGNATED INDUSTRY GROUPS PARTICIPATING IN THE SMALL BUSINESS COMPETITIVENESS 

DEMONSTRATION PROGRAM. 

(a) IN GENERAL.—Subsection (a) of section 717 of the Small 

Business Competitiveness Demonstration Program Act of 1988 (15 

U.S.C. 644 note) is amended—

(1) in paragraph (3), by striking ‘‘and’’ at the end; 

(2) in paragraph (4), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(5) landscaping and pest control services.’’.

(b) LANDSCAPING AND PEST CONTROL SERVICES.—Section 717 

of the Small Business Competitiveness Demonstration Program Act 

of 1988 (15 U.S.C. 644 note) is amended—

(1) by redesignating subsection (e) as subsection (f), and 

(2) by inserting after subsection (d) the following new subsection: 

‘‘(e) LANDSCAPING AND PEST CONTROL SERVICES.—Landscaping 

and pest control services shall include contract awards assigned to 

North American Industrial Classification Code 561710 (relating to 

exterminating and pest control services) or 561730 (relating to landscaping services).’’.

SEC. 822. INCREASED THRESHOLDS UNDER SPECIAL EMERGENCY 

PROCUREMENT AUTHORITY. 

Section 32A(b) of the Office of Federal Procurement Policy Act 

(41 U.S.C. 428a(b)) is amended—

(1) by striking paragraph (1) and inserting the following: 

‘‘(1) the amount specified in subsections (c), (d), and (f) of 

section 32 shall be deemed to be—

‘‘(A) $15,000 in the case of any contract to be awarded 

and performed, or purchase to be made, inside the United 

States; and 

‘‘(B) $25,000 in the case of any contract to be awarded 

and performed, or purchase to be made, outside the United 

States; and’’; and 

(2) in paragraph (2)(B), by striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’.

Subtitle C—United States Defense Industrial Base Provisions 

SEC. 831. DEFENSE TRADE RECIPROCITY. 

(a) POLICY.—It is the policy of Congress that procurement regulations used in the conduct of trade in defense articles and defense 

services should be based on the principle of fair trade and reciprocity consistent with United States national security, including 

the need to ensure comprehensive manufacturing capability in the 

United States defense industrial base. 

(b) REQUIREMENT.—The Secretary of Defense shall make every 

effort to ensure that the policies and practices of the Department of 

Defense reflect the goal of establishing an equitable trading relationship between the United States and its foreign defense trade partners, including ensuring that United States firms and United States 

employment in the defense sector are not disadvantaged by unilateral procurement practices by foreign governments, such as the imposition of offset agreements in a manner that undermines the 

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United States defense industrial base. In pursuing this goal, the 

Secretary shall—

(1) develop a comprehensive defense acquisition trade policy 

that provides the necessary guidance and incentives for the 

elimination of any adverse effects of offset agreements in defense 

trade; and 

(2) review and make necessary modifications to existing acquisition policies and strategies, and review and seek to make 

necessary modifications to existing memoranda of understanding, cooperative project agreements, or related agreements 

with foreign defense trade partners, to reflect this goal. 

(c) REGULATIONS.—The Secretary shall prescribe regulations to 

implement this section in the Department of Defense supplement to 

the Federal Acquisition Regulation. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘foreign defense trade partner’’ means a foreign country with respect to which there is—

(A) a memorandum of understanding or related agreement described in section 2531(a) of title 10, United States 

Code; or 

(B) a cooperative project agreement described in section 

27 of the Arms Export Control Act (22 U.S.C. 2767). 

(2) The term ‘‘offset agreement’’ has the meaning provided 

that term by section 36(e) of the Arms Export Control Act (22 

U.S.C. 2776(e)). 

(3) The terms ‘‘defense article’’ and ‘‘defense service’’ have 

the meanings provided those terms by section 47(7) of the Arms 

Export Control Act (22 U.S.C. 2794(7)).

SEC. 832. ASSESSMENT AND REPORT ON THE ACQUISITION OF 

POLYACRYLONITRILE (PAN) CARBON FIBER FROM FOREIGN SOURCES. 

(a) REQUIREMENT.—The Secretary of Defense shall delay the 

phase-out of the restriction on acquisition of polyacrylonitrile (PAN) 

carbon fiber from foreign sources (described in subpart 225.7103 of 

the Department of Defense supplement to the Federal Acquisition 

Regulation) until an assessment of PAN carbon fiber industry is 

completed and 30 days have passed after submission of the report 

required under subsection (c). 

(b) ASSESSMENT.—The Secretary of Defense shall perform an 

assessment of the domestic and international industrial structure 

that produces PAN carbon fibers, current and anticipated market 

trends for the product, and how the trends compare to the assessment as reported by the Secretary of Defense in January 2001. 

(c) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on the assessment performed under subsection (b) and on any decision made to maintain or discontinue the 

phase-out of procurement restrictions on foreign acquisition of PAN 

carbon fibers in the Department of Defense supplement to the Federal Acquisition Regulation.

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Subtitle D—Extensions of Temporary Program Authorities

SEC. 841. EXTENSION OF MENTOR-PROTEGE PROGRAM. 

(a) EXTENSION OF PROGRAM.—Subsection (j) of section 831 of 

the National Defense Authorization Act for Fiscal Year 1991 (Public 

Law 101–510; 10 U.S.C. 2302 note) is amended—

(1) in paragraph (1), by striking ‘‘September 30, 2005’’ and 

inserting ‘‘September 30, 2010’’; and 

(2) in paragraph (2), by striking ‘‘September 30, 2008’’ and 

inserting ‘‘September 30, 2013’’. 

(b) EXTENSION OF REQUIREMENT FOR ANNUAL REPORT.—Subsection (l)(3) of such section is amended by striking ‘‘2007’’ and inserting ‘‘2010’’. 

(c) ADDITIONAL FEASIBILITY REVIEW OF TRANSITION TO OTHER

FINANCING METHODS.—(1) The Secretary of Defense shall conduct 

an additional review of the Mentor-Protege Program under section 

811(d)(2) of the National Defense Authorization Act for Fiscal Year 

2000 (Public Law 106–65; 113 Stat. 708). 

(2) Not later than September 30, 2005, the Secretary shall submit to the Committees on Armed Services of the Senate and the 

House of Representatives—

(A) a report on the results of the review conducted under 

paragraph (1); and 

(B) any recommendations of the Secretary for legislative action. 

(d) ADDITIONAL STUDY OF PROGRAM IMPLEMENTATION.—(1) The 

Comptroller General shall conduct an additional study of the Mentor-Protege Program under section 811(d)(3) of the National Defense 

Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 

Stat. 709). 

(2) Not later than September 30, 2006, the Comptroller General 

shall submit a report on the results of the study conducted under 

paragraph (1) to the Committees on Armed Services of the Senate 

and the House of Representatives.

SEC. 842. AMENDMENT TO MENTOR-PROTEGE PROGRAM. 

Section 831(m)(2) of the National Defense Authorization Act for 

Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is 

amended—

(1) in subparagraph (D), by striking ‘‘or’’ at the end; 

(2) in subparagraph (E), by striking the period at the end 

and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(F) a small business concern owned and controlled by 

service-disabled veterans (as defined in section 8(d)(3) of 

the Small Business Act); and 

‘‘(G) a qualified HUBZone small business concern (as 

defined in section 3(p) of the Small Business Act).’’.

SEC. 843. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS. 

Section 834(e) of the National Defense Authorization Act for 

Fiscal Years 1990 and 1991 (Public Law 101–189; 15 U.S.C. 637 

note) is amended by striking ‘‘September 30, 2005’’ and inserting 

‘‘September 30, 2010’’.

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SEC. 844. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES AND SERVICES OF CERTAIN ARMY INDUSTRIAL FACILITIES. 

Section 141(a) of the National Defense Authorization Act for 

Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 4543 note) is 

amended by striking ‘‘through 2004’’ in the first sentence and inserting ‘‘through 2009’’. 

Subtitle E—Other Acquisition Matters

SEC. 851. REVIEW AND DEMONSTRATION PROJECT RELATING TO CONTRACTOR EMPLOYEES. 

(a) GENERAL REVIEW.—(1) The Secretary of Defense shall conduct a review of policies, procedures, practices, and penalties of the 

Department of Defense relating to employees of defense contractors 

for purposes of ensuring that the Department of Defense is in compliance with Executive Order No. 12989 (relating to a prohibition 

on entering into contracts with contractors that are not in compliance with the Immigration and Nationality Act). 

(2) In conducting the review, the Secretary shall—

(A) identify potential weaknesses and areas for improvement in existing policies, procedures, practices, and penalties; 

(B) develop and implement reforms to strengthen, upgrade, 

and improve policies, procedures, practices, and penalties of the 

Department of Defense and its contractors; and 

(C) review and analyze reforms developed pursuant to this 

paragraph to identify for purposes of national implementation 

those which are most efficient and effective. 

(3) The review under this subsection shall be completed not 

later than 180 days after the date of the enactment of this Act. 

(b) DEMONSTRATION PROJECT.—The Secretary of Defense shall 

conduct a demonstration project in accordance with this section, in 

one or more regions selected by the Secretary, for purposes of promoting greater contracting opportunities for contractors offering effective, reliable staffing plans to perform defense contracts that ensure all contract personnel employed for such projects, including 

management employees, professional employees, craft labor personnel, and administrative personnel, are lawful residents or persons properly authorized to be employed in the United States and 

properly qualified to perform services required under the contract. 

The demonstration project shall focus on contracts for construction, 

renovation, maintenance, and repair services for military installations. 

(c) DEMONSTRATION PROJECT PROCUREMENT PROCEDURES.—As 

part of the demonstration project under subsection (b), the Secretary 

of Defense may conduct a competition in which there is a provision 

in contract solicitations and request for proposal documents to require significant weight or credit be allocated to—

(1) reliable, effective workforce programs offered by prospective contractors that provide background checks and other 

measures to ensure the contractor is in compliance with the Immigration and Nationality Act; and 

(2) reliable, effective project staffing plans offered by prospective contractors that specify for all contract employees (including management employees, professionals, and craft labor 

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sons and the labor supply sources and hiring plans or procedures used for employing such persons. 

(d) IMPLEMENTATION OF DEMONSTRATION PROJECT.—The Secretary of Defense shall begin operation of the demonstration project 

required under this section after completion of the review under subsection (a), but in no event later than 270 days after the date of the 

enactment of this Act. 

(e) REPORT ON DEMONSTRATION PROJECT.—Not later than six 

months after award of a contract under the demonstration project, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a report setting 

forth a review of the demonstration project and recommendations on 

the actions, if any, that can be implemented to ensure compliance 

by the Department of Defense with Executive Order No. 12989. 

(f) DEFINITION.—In this section, the term ‘‘military installation’’ 

means a base, camp, post, station, yard, center, homeport facility for 

any ship, or other activity under the jurisdiction of the Department 

of Defense, including any leased facility, which is located within 

any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, or 

Guam. Such term does not include any facility used primarily for 

civil works, rivers and harbors projects, or flood control projects.

SEC. 852. INAPPLICABILITY OF CERTAIN FISCAL LAWS TO SETTLEMENTS UNDER SPECIAL TEMPORARY CONTRACT CLOSEOUT AUTHORITY. 

Section 804(a) of the National Defense Authorization Act for 

Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1541) is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(a) AUTHORITY.—’’; and 

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

‘‘(2) Under regulations which the Secretary of Defense may prescribe, a settlement of a financial account for a contract for the procurement of property or services under paragraph (1) may be made 

without regard to—

‘‘(A) section 1301 of title 31, United States Code; and 

‘‘(B) any other provision of law that would preclude the 

Secretary from charging payments under the contract—

‘‘(i) to an unobligated balance in an appropriation 

available for funding that contract; or 

‘‘(ii) if and to the extent that the unobligated balance 

(if any) in such appropriation is insufficient for funding 

such payments, to any current appropriation that is available to the Department of Defense for funding contracts for 

the procurement of the same or similar property or services.’’. 

SEC. 853. CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES. 

(a) INAPPLICABILITY OF RANDOLPH-SHEPPARD ACT TO MESS

HALL SERVICES UNDER EXISTING JAVITS-WAGNER-O’DAY ACT CONTRACTS.—(1) The Randolph-Sheppard Act (20 U.S.C. 107 et seq.) 

does not apply to any contract described in paragraph (2) for so 

long as the contract is in effect, including for any period for which 

the contract is extended pursuant to an option provided in the contract. 

212

(2) Paragraph (1) applies to any contract for the operation of all 

or any part of a military mess hall, military troop dining facility, 

or any similar dining facility operated for the purpose of providing 

meals to members of the Armed Forces that—

(A) was entered into before September 30, 2005, with a 

qualified nonprofit agency for the blind or a qualified nonprofit 

agency for other severely handicapped in compliance with section 3 of the Javits-Wagner-O’Day Act (41 U.S.C. 48); and 

(B) either—

(i) is in effect on such date; or 

(ii) was in effect on November 24, 2003. 

(b) INAPPLICABILITY OF JAVITS-WAGNER-O’DAY ACT TO MESS

HALL SERVICES UNDER EXISTING RANDOLPH-SHEPPARD ACT CON- TRACTS.—(1) The Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.) 

does not apply to any contract described in paragraph (2) for so 

long as the contract is in effect, including for any period for which 

the contract is extended pursuant to an option provided in the contract. 

(2) Paragraph (1) applies to any contract for the operation of all 

or any part of a military mess hall, military troop dining facility, 

or any similar dining facility operated for the purpose of providing 

meals to members of the Armed Forces that—

(A) was entered into before September 30, 2005, with a 

State licensing agency under the Randolph-Sheppard Act (20 

U.S.C. 107 et seq.); and 

(B) either—

(i) is in effect on such date; or 

(ii) was in effect on November 24, 2003. 

(3) In this subsection, the term ‘‘State licensing agency’’ means 

an agency designated under section 2(a)(5) of the RandolphSheppard Act (20 U.S.C. 107a(a)(5)). 

(c) REPEAL OF SUPERSEDED LAW.—Subsections (a) and (b) of 

section 852 of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136; 117 Stat. 1556) are repealed.

SEC. 854. DEFENSE PROCUREMENTS MADE THROUGH CONTRACTS OF 

OTHER AGENCIES. 

(a) LIMITATION.—The head of an agency may not procure goods 

or services (under section 1535 of title 31, United States Code, pursuant to a designation under section 11302(e) of title 40, United 

States Code, or otherwise) through a contract entered into by an 

agency outside the Department of Defense for an amount greater 

than the simplified acquisition threshold referred to in section 

2304(g) of title 10, United States Code, unless the procurement is 

done in accordance with procedures prescribed by that head of an 

agency for reviewing and approving the use of such contracts. 

(b) EFFECTIVE DATE.—The limitation in subsection (a) shall 

apply only with respect to orders for goods or services that are 

issued by the head of an agency to an agency outside the Department of Defense on or after the date that is 180 days after the date 

of the enactment of this Act. 

(c) INAPPLICABILITY TO CONTRACTS FOR CERTAIN SERVICES.—

This section does not apply to procurements of the following services: 

(1) Printing, binding, or blank-book work to which section 

502 of title 44, United States Code, applies. 

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(2) Services available under programs pursuant to section 

103 of the Library of Congress Fiscal Operations Improvement 

Act of 2000 (Public Law 106–481; 114 Stat. 2187; 2 U.S.C. 

182c). 

(d) ANNUAL REPORT.—(1) For each of fiscal years 2005 and 

2006, each head of an agency shall submit to the Secretary of Defense a report on the service charges imposed on purchases made for 

an amount greater than the simplified acquisition threshold during 

such fiscal year through a contract entered into by an agency outside the Department of Defense. 

(2) In the case of procurements made on orders issued by the 

head of a Defense Agency, Department of Defense Field Activity, or 

any other organization within the Department of Defense (other 

than a military department) under the authority of the Secretary of 

Defense as the head of an agency, the report under paragraph (1) 

shall be submitted by the head of that Defense Agency, Department 

of Defense Field Activity, or other organization, respectively. 

(3) The report for a fiscal year under this subsection shall be 

submitted not later than December 31 of the calendar year in which 

such fiscal year ends. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘head of an agency’’ means the Secretary of 

Defense, the Secretary of the Army, the Secretary of the Navy, 

the Secretary of the Air Force. 

(2) The term ‘‘Defense Agency’’ has the meaning given such 

term in section 101(a)(11) of title 10, United States Code. 

(3) The term ‘‘Department of Defense Field Activity’’ has the 

meaning given such term in section 101(a)(12) of such title.

SEC. 855. REQUIREMENTS RELATING TO SOURCE SELECTION FOR INTEGRATED SUPPORT OF AERIAL REFUELING AIRCRAFT 

FLEET FOR THE AIR FORCE. 

For the selection of a provider of integrated support for the aerial refueling aircraft fleet in any acquisition of aerial refueling aircraft for the Air Force, the Secretary of the Air Force shall—

(1) before selecting the provider, perform all analyses required by law of—

(A) the costs and benefits of—

(i) the alternative of using Federal Government 

personnel to provide such support; and 

(ii) the alternative of using contractor personnel to 

provide such support; 

(B) the core logistics requirements; 

(C) use of performance-based logistics; and 

(D) the length of contract period; and 

(2) select the provider in accordance with the procedures 

under the provisions of law referred to as the Competition in 

Contracting Act.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION 

AND MANAGEMENT

Subtitle A—Duties and Functions of Department of Defense 

Sec. 901. Study of roles and authorities of the Director of Defense Research and Engineering. 

Sec. 902. Change of membership of specified council. 

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Subtitle B—Space Activities 

Sec. 911. Space posture review. 

Sec. 912. Panel on the future of national security space launch. 

Sec. 913. Operationally responsive national security satellites. 

Sec. 914. Nondisclosure of certain products of commercial satellite operations. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Two-year extension of authority of the Secretary of Defense to engage in 

commercial activities as security for intelligence collection activities 

abroad. 

Sec. 922. Pilot program on cryptologic service training. 

Subtitle D—Other Matters 

Sec. 931. Strategic plan for destruction of lethal chemical agents and munitions 

stockpile. 

Sec. 932. Secretary of Defense criteria for and guidance on identification and internal transmission of critical information.

Subtitle A—Duties and Functions of Department of Defense

SEC. 901. STUDY OF ROLES AND AUTHORITIES OF THE DIRECTOR OF 

DEFENSE RESEARCH AND ENGINEERING. 

(a) STUDY REQUIRED.—The Secretary of Defense shall carry out 

a study of the roles and authorities of the Director of Defense Research and Engineering. 

(b) CONTENT OF STUDY.—The study under subsection (a) shall 

include the following: 

(1) An examination of the past and current roles and authorities of the Director of Defense Research and Engineering. 

(2) An analysis to determine appropriate future roles and 

authorities for the Director, including an analysis of the following matters: 

(A) The relationship of the Director to other senior 

science and technology and acquisition officials of the military departments and the Defense Agencies. 

(B) The relationship of the Director to the performance 

of the following functions: 

(i) The planning, programming, and budgeting of 

the science and technology programs of the Department 

of Defense, including those of the military departments 

and the Defense Agencies. 

(ii) The management of Department of Defense laboratories and technical centers, including the management of the Federal Government scientific and technical workforce for such laboratories and centers. 

(iii) The promotion of the rapid transition of technologies to acquisition programs within the Department of Defense.

(iv) The promotion of the transfer of technologies 

into and from the commercial sector. 

(v) The coordination of Department of Defense 

science and technology activities with organizations 

outside the Department of Defense, including other 

Federal Government agencies, international research 

organizations, industry, and academia. 

(vi) The technical review of Department of Defense 

acquisition programs and policies. 

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(vii) The training and educational activities for the 

national scientific and technical workforce. 

(viii) The development of science and technology 

policies and programs relating to the maintenance of 

the national technology and industrial base. 

(ix) The development of new technologies in support of the transformation of the Armed Forces. 

(3) An examination of the duties of the Director as the Chief 

Technology Officer of the Department of Defense as prescribed 

by Department of Defense Directive 5134.3, dated November 3, 

2003, especially in comparison to the duties of similar positions 

in the Federal Government and industry. 

(4) An examination of any other matter that the Secretary 

considers appropriate for the study. 

(c) REPORT.—(1) Not later than February 1, 2006, the Secretary 

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 the results of the study under this section. 

(2) The report shall include recommendations regarding the appropriate roles and authorities that should be assigned and resources that should be provided to the Director of Defense Research 

and Engineering. 

(d) ROLE OF DEFENSE SCIENCE BOARD IN STUDY AND RE- PORT.—The Secretary shall act through the Defense Science Board 

in carrying out the study under subsection (a) and in preparing the 

report under subsection (c). 

SEC. 902. CHANGE OF MEMBERSHIP OF SPECIFIED COUNCIL. 

(a) MEMBERSHIP OF COUNCIL UNDER SECTION 179.—Subsection 

(a) of section 179 of title 10, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(4) The Under Secretary of Defense for Policy.’’. 

(b) CONFORMING AND CLARIFYING AMENDMENTS.—Such subsection is further amended in the matter preceding paragraph (1)—

(1) by striking ‘‘Joint’’; and 

(2) by striking ‘‘composed of three members as follows:’’ and 

inserting ‘‘operated as a joint activity of the Department of Defense and the Department of Energy. The membership of the 

Council is comprised of the following officers of those departments:’’. 

(c) OTHER TECHNICAL AND CLARIFYING AMENDMENTS.—Such 

section is further amended as follows: 

(1) Subsection (c)(3)(B) is amended by striking ‘‘appointed’’ 

and inserting ‘‘designated’’. 

(2) Subsection (e) is amended by striking ‘‘In addition’’ and 

all that follows through ‘‘also’’ and inserting ‘‘The Council 

shall’’. 

(3) Subsection (f) is amended by striking ‘‘Committee on’’ 

the first place it appears and all that follows through ‘‘Representatives’’ and inserting ‘‘congressional defense committees’’. 

(d) STYLISTIC AMENDMENTS.—Such section is further amended 

as follows: 

(1) Subsection (a) is amended by inserting ‘‘ESTABLISHMENT; MEMBERSHIP.—’’ after ‘‘(a)’’. 

(2) Subsection (b) is amended by inserting ‘‘CHAIRMAN; 

MEETINGS.—’’ after ‘‘(b)’’. 

216

(3) Subsection (c) is amended by inserting ‘‘STAFF AND ADMINISTRATIVE SERVICES; STAFF DIRECTOR.—’’ after ‘‘(c)’’. 

(4) Subsection (d) is amended by inserting ‘‘RESPONSIBILITIES.—’’ after ‘‘(d)’’. 

(5) Subsection (e) is amended by inserting ‘‘REPORT ON DIFFICULTIES RELATING TO SAFETY OR RELIABILITY.—’’ after ‘‘(e)’’. 

(6) Subsection (f) is amended by inserting ‘‘ANNUAL REPORT.—’’ after ‘‘(f)’’. 

(e) FURTHER CONFORMING AMENDMENTS.—Section 3212(e) of 

the National Nuclear Security Administration Act (50 U.S.C. 

2402(e)) is amended—

(1) by striking ‘‘JOINT’’ in the subsection heading; and 

(2) by striking ‘‘Joint’’.

Subtitle B—Space Activities 

SEC. 911. SPACE POSTURE REVIEW. 

(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—In order to 

clarify the national security space policy and strategy of the United 

States for the near term, the Secretary of Defense shall conduct a 

comprehensive review of the space posture of the United States over 

the posture review period. 

(b) ELEMENTS OF REVIEW.—The review conducted under subsection (a) shall include, for the posture review period, the following: 

(1) The definition, policy, requirements, and objectives for 

each of the following: 

(A) Space situational awareness. 

(B) Space control. 

(C) Space superiority, including defensive and offensive 

counterspace. 

(D) Force enhancement and force application. 

(E) Space-based intelligence, surveillance, and reconnaissance from space. 

(F) Any other matter the Secretary considers relevant to 

understanding the United States space posture. 

(2) Current and planned space acquisition programs that 

are in acquisition categories 1 and 2, including how each such 

program will address the policy, requirements, and objectives 

described under each of subparagraphs (A) through (F) of paragraph (1). 

(3) Future space systems and technology development (other 

than those in development as of the date of the enactment of 

this Act) necessary to address the policy, requirements, and objectives described under each of subparagraphs (A) through (F) 

of paragraph (1). 

(4) The relationship among—

(A) United States military space policy; 

(B) national security space policy; 

(C) national security space objectives; and 

(D) arms control policy. 

(5) Effect of United States military and national security 

space policy on the proliferation of weapons capable of targeting 

objects in space or objects on Earth from space. 

(c) REPORTS.—(1) Not later than March 15, 2005, the Secretary 

of Defense shall submit to the congressional committees specified in 

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paragraph (4) an interim report on the review conducted under subsection (a). 

(2) Not later than December 31, 2005, the Secretary shall submit to those committees a final report on that review. 

(3) Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. 

(4) The reports under this subsection shall be submitted to the 

Committee on Armed Services and the Select Committee on Intelligence of the Senate and the Committee on Armed Services and the 

Permanent Select Committee on Intelligence of the House of Representatives. 

(d) JOINT UNDERTAKING WITH THE DIRECTOR OF CENTRAL IN- TELLIGENCE (OR SUCCESSOR).—The Secretary of Defense shall conduct the review under this section, and shall submit the reports 

under subsection (c), jointly with the Director of Central Intelligence 

(or any successor official who has responsibility for management of 

the intelligence community). 

(e) POSTURE REVIEW PERIOD.—In this section, the term ‘‘posture 

review period’’ means the 10-year period beginning on the first day 

of the first month beginning more than one year after the date of 

the enactment of this Act.

SEC. 912. PANEL ON THE FUTURE OF NATIONAL SECURITY SPACE 

LAUNCH. 

(a) IN GENERAL.—(1) The Secretary of Defense shall enter into 

a contract with a federally funded research and development center 

to establish a panel on the future national security space launch requirements of the United States, including means of meeting those 

requirements. 

(2) The Secretary shall enter into the contract not later than 60 

days after the date of the enactment of this Act. 

(b) MEMBERSHIP AND ADMINISTRATION OF PANEL.—(1) The 

panel shall consist of individuals selected by the federally funded 

research and development center from among private citizens of the 

United States with knowledge and expertise in one or more of the 

following areas: 

(A) Space launch operations. 

(B) Space launch technologies. 

(C) Satellite and satellite payloads. 

(D) State and national launch complexes. 

(E) Space launch economics. 

(2) The federally funded research and development center shall 

establish appropriate procedures for the administration of the panel, 

including designation of the chairman of the panel from among its 

members. 

(3) All panel members shall hold security clearances appropriate for the work of the panel. 

(4) The panel shall convene its first meeting not later than 30 

days after the date on which all members of the panel have been 

selected. 

(c) DUTIES.—(1) The panel shall conduct a review and assessment of the future national security space launch requirements of 

the United States, including the means of meeting those requirements. 

(2) The review and assessment shall take into account the following matters: 

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(A) Launch economics. 

(B) Operational concepts and architectures. 

(C) Launch technologies, including—

(i) reusable launch vehicles; 

(ii) expendable launch vehicles; 

(iii) low cost options; and 

(iv) revolutionary approaches. 

(D) Payloads, including the implications of payloads for 

launch requirements. 

(E) Launch infrastructure. 

(F) Launch industrial base. 

(G) Relationships among military, civilian, and commercial 

launch requirements. 

(3) The review and assessment shall address national security 

space launch requirements over each of the 5-year, 10-year, and 15-

year periods beginning with 2005. 

(d) INFORMATION FROM FEDERAL AND STATE AGENCIES.—(1) 

The panel may secure directly from the Department of Defense, from 

any other department or agency of the Federal Government, and any 

State government any information that the panel considers necessary to carry out its duties. 

(2) The Secretary of Defense shall designate at least one senior 

civilian employee of the Department of Defense and at least one general or flag officer of an Armed Force to serve as liaison between the 

Department, the Armed Forces, and the panel. 

(e) REPORT.—Not later than one year after the date of the first 

meeting of the panel under subsection (b)(4), the panel shall submit 

to the Secretary of Defense, the congressional defense committees, 

the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report on the results of the review and assessment under subsection (c). The report shall include—

(1) the findings and conclusions of the panel on the future 

national security space launch requirements of the United 

States, including means of meeting such requirements; 

(2) the assessment of panel, and any recommendations of 

the panel, on—

(A) launch operational concepts and architectures; 

(B) launch technologies; 

(C) launch enabling technologies; and

(D) priorities for funding; and 

(3) the assessment of the panel as to the best means of meeting the future national security space launch requirements of 

the United States. 

(f) TERMINATION.—The panel shall terminate 16 months after 

the date of the first meeting of the panel under subsection (b)(4). 

(g) FUNDING.—Amounts authorized to be appropriated to the 

Department of Defense shall be available to the Secretary of Defense 

for purposes of the contract required by subsection (a).

SEC. 913. OPERATIONALLY RESPONSIVE NATIONAL SECURITY SATELLITES. 

(a) PLANNING, PROGRAMMING, AND MANAGEMENT.—(1) Chapter 

135 of title 10, United States Code, is amended by inserting after 

section 2273 the following new section: 

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‘‘§ 2273a. Operationally responsive national security payloads 

and buses: separate program element required 

‘‘(a) REQUIREMENT FOR PROGRAM ELEMENT.—The Secretary of 

Defense shall ensure that, within budget program elements for space 

programs of the Department of Defense, there is a separate, dedicated program element for operationally responsive national security 

payloads and buses of the Department of Defense for space satellites 

and that programs and activities for such payloads and buses are 

planned, programmed, and budgeted for through that program element. 

‘‘(b) MANAGEMENT AUTHORITY.—The Secretary of Defense shall 

assign management authority for the program element required 

under subsection (a) to the Director of the Office of Force Transformation of the Department of Defense. 

‘‘(c) DEFINITION OF OPERATIONALLY RESPONSIVE.—In this section, the term ‘operationally responsive’, with respect to a national 

security payload and bus for a space satellite, means an experimental or operational payload and bus with a weight not in excess 

of 5,000 pounds that— 

‘‘(1) can be developed and acquired within 18 months after 

authority to proceed with development is granted; and 

‘‘(2) is responsive to requirements for capabilities at the 

operational and tactical levels of warfare.’’. 

(2) The table of sections at the beginning of such chapter is 

amended by inserting after the item relating to section 2273 the following new item:

‘‘2273a. Operationally responsive national security payloads and buses: separate program element required.’’.

(b) TIME FOR IMPLEMENTATION.—Subsection (a) of section 

2273a of title 10, United States Code, as added by subsection (a), 

shall apply with respect to fiscal years after fiscal year 2005.

SEC. 914. NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL 

SATELLITE OPERATIONS. 

(a) MANDATORY DISCLOSURE REQUIREMENTS INAPPLICABLE.—

The requirements to make information available under section 552 

of title 5, United States Code, shall not apply to land remote sensing 

information. 

(b) LAND REMOTE SENSING INFORMATION DEFINED.—In this 

section, the term ‘‘land remote sensing information’’—

(1) means any data that—

(A) are collected by land remote sensing; and 

(B) are prohibited from sale to customers other than 

the United States Government and United States Government-approved customers for reasons of national security 

pursuant to the terms of an operating license issued pursuant to the Land Remote Sensing Policy Act of 1992 (15 

U.S.C. 5601 et seq.); and 

(2) includes any imagery and other product that is derived 

from such data and which is prohibited from sale to customers 

other than the United States Government and United States 

Government-approved customers for reasons of national security 

pursuant to the terms of an operating license described in paragraph (1)(B). 

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(c) STATE OR LOCAL GOVERNMENT DISCLOSURES.—Land remote 

sensing information provided by the head of a department or agency 

of the United States to a State, local, or tribal government may not 

be made available to the general public under any State, local, or 

tribal law relating to the disclosure of information or records. 

(d) SAFEGUARDING INFORMATION.—The head of each department or agency of the United States having land remote sensing information within that department or agency or providing such information to a State, local, or tribal government shall take such actions, commensurate with the sensitivity of that information, as are 

necessary to protect that information from disclosure other than in 

accordance with this section and other applicable law. 

(e) ADDITIONAL DEFINITION.—In this section, the term ‘‘land remote sensing’’ has the meaning given such term in section 3 of the 

Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5602). 

(f) DISCLOSURE TO CONGRESS.—Nothing in this section shall be 

construed to authorize the withholding of information from the appropriate committees of Congress.

Subtitle C—Intelligence-Related Matters

SEC. 921. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY 

OF DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS 

SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES 

ABROAD. 

Section 431(a) of title 10, United States Code, is amended by 

striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2006’’.

SEC. 922. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING. 

(a) PROGRAM AUTHORIZED.—The Director of the National Security Agency may carry out a pilot program on cryptologic service 

training for the intelligence community. 

(b) OBJECTIVE OF PROGRAM.—The objective of the pilot program 

is to increase the number of qualified entry-level language analysts 

and intelligence analysts available to the National Security Agency 

and the other elements of the intelligence community through the directed preparation and recruitment of qualified entry-level language 

analysts and intelligence analysts who commit to a period of service 

or a career in the intelligence community. 

(c) PROGRAM SCOPE.—The pilot program shall be national in 

scope. 

(d) PROGRAM PARTICIPANTS.—(1) Subject to the provisions of 

this subsection, the Director shall select the participants in the pilot 

program from among individuals qualified to participate in the 

pilot program utilizing such procedures as the Director considers 

appropriate for purposes of the pilot program. 

(2) Each individual who receives financial assistance under the 

pilot program shall perform one year of obligated service with the 

National Security Agency, or another element of the intelligence 

community approved by the Director, for each academic year for 

which such individual receives such financial assistance upon such 

individual’s completion of post-secondary education. 

(3) Each individual selected to participate in the pilot program 

shall be qualified for a security clearance appropriate for the individual under the pilot program. 

(4) The total number of participants in the pilot program at any 

one time may not exceed 400 individuals. 

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(e) PROGRAM MANAGEMENT.—In carrying out the pilot program, 

the Director shall—

(1) identify individuals interested in working in the intelligence community, and committed to taking college-level 

courses that will better prepare them for a career in the intelligence community as a language analyst or intelligence analyst; 

(2) provide each individual selected for participation in the 

pilot program—

(A) financial assistance for the pursuit of courses at institutions of higher education selected by the Director in 

fields of study that will qualify such individual for employment by an element of the intelligence community as a language analyst or intelligence analyst; and 

(B) educational counseling on the selection of courses to 

be so pursued; and 

(3) provide each individual so selected information on the 

opportunities available for employment in the intelligence community. 

(f) DURATION OF PROGRAM.—(1) The Director shall terminate 

the pilot program not later than six years after the date of the enactment of this Act. 

(2) The termination of the pilot program under paragraph (1) 

shall not prevent the Director from continuing to provide assistance, 

counseling, and information under subsection (e) to individuals who 

are participating in the pilot program on the date of termination of 

the pilot program throughout the academic year in progress as of 

that date.

Subtitle D—Other Matters

SEC. 931. STRATEGIC PLAN FOR DESTRUCTION OF LETHAL CHEMICAL 

AGENTS AND MUNITIONS STOCKPILE. 

Subsection (d) of section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), is amended to read as follows: 

‘‘(d) REQUIREMENT FOR STRATEGIC PLAN.—(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics and the 

Secretary of the Army shall jointly prepare, and from time to time 

shall update as appropriate, a strategic plan for future activities for 

destruction of the United States’ stockpile of lethal chemical agents 

and munitions. 

‘‘(2) The plan shall include, at a minimum, the following considerations: 

‘‘(A) Realistic budgeting for stockpile destruction and related support programs. 

‘‘(B) Contingency planning for foreseeable or anticipated 

problems. 

‘‘(C) A management approach and associated actions that 

address compliance with the obligations of the United States 

under the Chemical Weapons Convention treaty and that take 

full advantage of opportunities to accelerate destruction of the 

stockpile. 

‘‘(3) The Secretary of Defense shall each year submit to the 

Committee on the Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives the strategic plan 

222

as most recently prepared and updated under paragraph (1). Such 

submission shall be made each year at the time of the submission 

to the Congress that year of the President’s budget for the next fiscal 

year.’’.

SEC. 932. SECRETARY OF DEFENSE CRITERIA FOR AND GUIDANCE ON 

IDENTIFICATION AND INTERNAL TRANSMISSION OF CRITICAL INFORMATION. 

(a) CRITERIA FOR CRITICAL INFORMATION.—(1) The Secretary of 

Defense shall establish criteria for determining categories of critical 

information that should be made known expeditiously to senior civilian and military officials in the Department of Defense. Those 

categories should be limited to matters of extraordinary significance 

and strategic impact to which rapid access by those officials is essential to the successful accomplishment of the national security 

strategy or a major military mission. The Secretary may from time 

to time modify the list to suit the current strategic situation. 

(2) The Secretary shall provide the criteria established under 

paragraph (1) to the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, the commanders of the unified 

and specified commands, the commanders of deployed forces, and 

such other elements of the Department of Defense as the Secretary 

considers necessary. 

(b) MATTERS TO BE INCLUDED.—The criteria established under 

subsection (a) shall include, at a minimum, requirement for identification of the following: 

(1) Any incident that may result in a contingency operation, 

based on the incident’s nature, gravity, or potential for significant adverse consequences to United States citizens, military 

personnel, interests, or assets, including an incident that could 

result in significant adverse publicity having a major strategic 

impact. 

(2) Any event, development, or situation that could be reasonably assumed to escalate into an incident described in paragraph (1). 

(3) Any deficiency or error in policy, standards, or training 

that could be reasonably assumed to have the effects described 

in paragraph (1).

(c) REQUIREMENTS FOR TRANSMISSION OF CRITICAL INFORMA- TION.—The criteria under subsection (a) shall include such requirements for transmission of such critical information to such senior 

civilian and military officials of the Department of Defense as the 

Secretary of Defense considers appropriate. 

(d) TIME FOR ISSUANCE OF CRITERIA.—The Secretary of Defense 

shall establish the criteria required by subsection (a) not later than 

120 days after the date of the enactment of this Act.

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. Budget justification documents for operation and maintenance. 

Sec. 1004. Licensing of intellectual property. 

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

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

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Sec. 1007. Fiscal year 2004 transfer authority. 

Sec. 1008. Clarification of fiscal year 2004 funding level for a National Institute of 

Standards and Technology account. 

Sec. 1009. Notification of fund transfers from working-capital funds. 

Sec. 1010. Charges for Defense Logistics Information Services materials. 

Subtitle B—Naval Vessels and Shipyards 

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

Sec. 1012. Use of proceeds from exchange and sale of obsolete navy service craft and 

boats. 

Sec. 1013. Transfer of naval vessels to certain foreign recipients. 

Sec. 1014. Independent study to assess cost effectiveness of the Navy ship construction program. 

Sec. 1015. Limitation on disposal of obsolete naval vessel. 

Subtitle C—Counterdrug Matters 

Sec. 1021. Use of funds for unified counterdrug and counterterrorism campaign in 

Colombia. 

Sec. 1022. Sense of Congress and report regarding counter-drug efforts in Afghanistan. 

Subtitle D—Matters Relating to Museums and Commemorations 

Sec. 1031. Recognition of the Liberty Memorial Museum, Kansas City, Missouri, as 

America’s National World War I Museum. 

Sec. 1032. Program to commemorate 60th anniversary of World War II. 

Sec. 1033. Annual report on Department of Defense operation and financial support 

for military museums. 

Subtitle E—Reports 

Sec. 1041. Quarterly detailed accounting for operations conducted as part of the 

Global War on Terrorism. 

Sec. 1042. Report on post-major combat operations phase of Operation Iraqi Freedom. 

Sec. 1043. Report on training provided to members of the Armed Forces to prepare 

for post-conflict operations. 

Sec. 1044. Report on establishing National Centers of Excellence for unmanned aerial and ground vehicles. 

Sec. 1045. Study of continued requirement for two-crew manning for ballistic missile submarines. 

Sec. 1046. Report on Department of Defense programs for prepositioning of materiel 

and equipment. 

Sec. 1047. Report on al Quaeda and associated groups in Latin America and the 

Caribbean. 

Subtitle F—Defense Against Terrorism and Other Domestic Security Matters 

Sec. 1051. Acceptance of communications equipment provided by local public safety 

agencies. 

Sec. 1052. Determination and report on full-time airlift support for homeland defense operations. 

Sec. 1053. Survivability of critical systems exposed to chemical or biological contamination. 

Subtitle G—Personnel Security Matters 

Sec. 1061. Use of National Driver Register for personnel security investigations and 

determinations. 

Sec. 1062. Standards for disqualification from eligibility for Department of Defense 

security clearance. 

Subtitle H—Transportation-Related Matters 

Sec. 1071. Use of military aircraft to transport mail to and from overseas locations. 

Sec. 1072. Reorganization and clarification of certain provisions relating to control 

and supervision of transportation within the Department of Defense. 

Sec. 1073. Evaluation of procurement practices relating to transportation of securitysensitive cargo. 

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Subtitle I—Other Matters 

Sec. 1081. Liability protection for Department of Defense volunteers working in maritime environment. 

Sec. 1082. Sense of Congress concerning media coverage of the return to the United 

States of the remains of deceased members of the Armed Forces from 

overseas. 

Sec. 1083. Transfer of historic F3A-1 Brewster Corsair aircraft. 

Sec. 1084. Technical and clerical amendments. 

Sec. 1085. Preservation of search and rescue capabilities of the Federal Government. 

Sec. 1086. Acquisition of aerial firefighting equipment for National Interagency Fire 

Center. 

Sec. 1087. Revision to requirements for recognition of institutions of higher education as Hispanic-serving institutions for purposes of certain grants 

and contracts. 

Sec. 1088. Military extraterritorial jurisdiction over contractors supporting defense 

missions overseas. 

Sec. 1089. Definition of United States for purposes of Federal crime of torture. 

Sec. 1090. Energy savings performance contracts. 

Sec. 1091. Sense of Congress and policy concerning persons detained by the United 

States. 

Sec. 1092. Actions to prevent the abuse of detainees. 

Sec. 1093. Reporting requirements. 

Sec. 1094. Findings and sense of Congress concerning Army Specialist Joseph 

Darby.

Subtitle A—Financial Matters 

SEC. 1001. TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon determination by the Secretary of Defense that such action is necessary 

in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2005 between any such authorizations for that 

fiscal year (or any subdivisions thereof). Amounts of authorizations 

so transferred shall be merged with and be available for the same 

purposes as the authorization to which transferred. 

(2) The total amount of authorizations that the Secretary may 

transfer under the authority of this section may not exceed 

$3,500,000,000. 

(b) LIMITATIONS.—The authority provided by this section to 

transfer authorizations—

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority is 

transferred; and 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another 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. 

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a).

SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN FISCAL YEAR 2005. 

(a) FISCAL YEAR 2005 LIMITATION.—The total amount contributed by the Secretary of Defense in fiscal year 2005 for the commonfunded budgets of NATO may be any amount up to, but not in excess of, the amount specified in subsection (b) (rather than the maxVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00250 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
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imum amount that would otherwise be applicable to those contributions under the fiscal year 1998 baseline limitation). 

(b) TOTAL AMOUNT.—The amount of the limitation applicable 

under subsection (a) is the sum of the following: 

(1) The amounts of unexpended balances, as of the end of 

fiscal year 2004, of funds appropriated for fiscal years before 

fiscal year 2005 for payments for those budgets. 

(2) The amount specified in subsection (c)(1). 

(3) The amount specified in subsection (c)(2). 

(4) The total amount of the contributions authorized to be 

made under section 2501. 

(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appropriated by titles II and III of this Act are available for contributions 

for the common-funded budgets of NATO as follows: (1) Of the amount provided in section 201(1), $756,000 for 

the Civil Budget. (2) Of the amount provided in section 301(1), $222,492,000 

for the Military Budget. 

(d) DEFINITIONS.—For purposes of this section: 

(1) COMMON-FUNDED BUDGETS OF NATO.—The term ‘‘common-funded budgets of NATO’’ means the Military Budget, the 

Security Investment Program, and the Civil Budget of the 

North Atlantic Treaty Organization (and any successor or additional account or program of NATO). 

(2) FISCAL YEAR 1998 BASELINE LIMITATION.—The term ‘‘fiscal year 1998 baseline limitation’’ means the maximum annual 

amount of Department of Defense contributions for commonfunded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving 

the advice and consent of the Senate to the ratification of the 

Protocols to the North Atlantic Treaty of 1949 on the Accession 

of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30, 

1998.

SEC. 1003. BUDGET JUSTIFICATION DOCUMENTS FOR OPERATION AND 

MAINTENANCE. 

(a) IN GENERAL.—(1) Chapter 9 of title 10, United States Code, 

is amended by adding after section 232, as added by section 214(a), 

the following new section:

‘‘§ 233. Operation and maintenance budget presentation 

‘‘(a) IDENTIFICATION OF BASELINE AMOUNTS IN O&M JUSTIFICATION DOCUMENTS.—In any case in which the amount requested in 

the President’s budget for a fiscal year for a Department of Defense 

operation and maintenance program, project, or activity is different 

from the amount appropriated for that program, project, or activity 

for the current year, the O&M justification documents supporting 

that budget shall identify that appropriated amount and the difference between that amount and the amount requested in the budget, stated as an amount and as a percentage. 

‘‘(b) NAVY FOR SHIP DEPOT MAINTENANCE AND FOR INTERMEDIATE SHIP MAINTENANCE.—In the O&M justification documents 

for the Navy for any fiscal year, amounts requested for ship depot 

maintenance and amounts requested for intermediate ship maintenance shall be identified and distinguished. 

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‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘O&M justification documents’ means Department of Defense budget justification documents with respect to 

accounts for operation and maintenance submitted to the congressional defense committees in support of the Department of 

Defense component of the President’s budget for any fiscal year. 

‘‘(2) The term ‘President’s budget’ means the budget of the 

President submitted to Congress under section 1105 of title 31 

for any fiscal year.

‘‘(3) The term ‘current year’ means the fiscal year during 

which the President’s budget is submitted in any year.’’. 

(2) The table of sections at the beginning of such chapter is 

amended by adding after the item relating to section 232, as added 

by section 214(b), the following new item:

‘‘233. Operation and maintenance budget presentation.’’.

(b) COMPONENTS OF LINE ITEMS FOR OTHER COSTS AND OTHER

CONTRACTS.—Not later than March 1, 2005, the Secretary of Defense shall submit to the congressional defense committees a report 

setting forth the component elements of the line items identified as 

‘‘Other Costs’’ and ‘‘Other Contracts’’ in the exhibit identified as 

‘‘Summary of Price and Program Changes’’ in the budget justification materials submitted to those committees in support of the budget for fiscal year 2006.

SEC. 1004. LICENSING OF INTELLECTUAL PROPERTY. 

(a) AUTHORITY.—Subchapter II of chapter 134 of title 10, 

United States Code, is amended by adding at the end the following 

new section: 

‘‘§ 2260. Licensing of intellectual property: retention of fees 

‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 

of Defense, the Secretary concerned may license trademarks, service 

marks, certification marks, and collective marks owned or controlled by the Secretary concerned and may retain and expend fees 

received from such licensing in accordance with this section. 

‘‘(b) DESIGNATED MARKS.—The Secretary concerned shall designate the trademarks, service marks, certification marks, and collective marks regarding which the Secretary will exercise the authority to retain licensing fees under this section. 

‘‘(c) USE OF FEES.—The Secretary concerned shall use fees retained under this section for the following purposes: 

‘‘(1) For payment of the following costs incurred by the Secretary: 

‘‘(A) Costs of securing trademark registrations. 

‘‘(B) Costs of operating the licensing program under 

this section. 

‘‘(2) For morale, welfare, and recreation activities under the 

jurisdiction of the Secretary, to the extent (if any) that the total 

amount of the licensing fees available under this section for a 

fiscal year exceed the total amount needed for such fiscal year 

under paragraph (1). 

‘‘(d) AVAILABILITY.—Fees received in a fiscal year and retained 

under this section shall be available for obligation in such fiscal 

year and the following two fiscal years. 

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‘‘(e) DEFINITIONS.—In this section, the terms ‘trademark’, ‘service mark’, ‘certification mark’, and ‘collective mark’ have the meanings given such terms in section 45 of the Act of July 5, 1946 (commonly referred to as the Trademark Act of 1946; 15 U.S.C. 1127).’’. 

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

‘‘2260. Licensing of intellectual property: retention of fees.’’.

SEC. 1005. REPEAL OF FUNDING RESTRICTIONS CONCERNING DEVELOPMENT OF MEDICAL COUNTERMEASURES AGAINST BIOLOGICAL WARFARE THREATS. 

(a) REPEAL.—Section 2370a of title 10, United States Code, is 

repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 139 of such title is amended by striking the item relating to that section.

SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES FOR FOREIGN CURRENCY FLUCTUATIONS. 

(a) SECRETARY OF DEFENSE REPORT.—(1) Not later than December 1, 2004, 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 the foreign currency exchange rate projection used in annual Department 

of Defense budget presentations. 

(2) In the report under paragraph (1), the Secretary shall—

(A) identify alternative approaches for selecting foreign currency exchange rates that would produce more realistic estimates of amounts required to be appropriated or otherwise 

made available for the Department of Defense to accommodate 

foreign currency exchange rate fluctuations; 

(B) discuss the advantages and disadvantages of each approach identified pursuant to subparagraph (A); and 

(C) identify the Secretary’s preferred approach among the 

alternatives identified pursuant to subparagraph (A) and provide the Secretary’s rationale for preferring that approach. 

(3) In identifying alternative approaches pursuant to paragraph 

(2)(A), the Secretary shall examine—

(A) approaches used by other Federal departments and 

agencies; and 

(B) the feasibility of using private economic forecasting. 

(b) COMPTROLLER GENERAL REVIEW AND REPORT.—The Comptroller General shall review the report under subsection (a), including the basis for the Secretary’s conclusions stated in the report, and 

shall submit, not later than January 15, 2005, to the Committee on 

Armed Services of the Senate and the Committee on Armed Services 

of the House of Representatives a report containing the results of 

that review.

SEC. 1007. FISCAL YEAR 2004 TRANSFER AUTHORITY. 

Section 1001(a)(2) of the National Defense Authorization Act for 

Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1582) is amended 

by striking ‘‘$2,500,000,000’’ and inserting ‘‘$2,800,000,000’’.

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SEC. 1008. CLARIFICATION OF FISCAL YEAR 2004 FUNDING LEVEL FOR 

A NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACCOUNT. 

For the purposes of applying sections 204 and 605 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 (division B of Public Law 

108–199) to matters in title II of such Act under the heading ‘‘NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY’’ (118 Stat. 69), 

in the account under the heading ‘‘INDUSTRIAL TECHNOLOGY SERVICES’’, the Secretary of Commerce shall make all determinations 

based on the Industrial Technology Services funding level of 

$218,782,000 for reprogramming and transferring of funds for the 

Manufacturing Extension Partnership program and may submit 

such a reprogramming or transfer, as the case may be, to the appropriate committees within 30 days after the date of the enactment of 

this Act.

SEC. 1009. NOTIFICATION OF FUND TRANSFERS FROM WORKING-CAPITAL FUNDS. 

Section 2208 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(r) NOTIFICATION OF TRANSFERS.—(1) Notwithstanding any 

authority provided in this section to transfer funds, the transfer of 

funds from a working-capital fund, including a transfer to another 

working-capital fund, shall not be made under such authority unless the Secretary of Defense submits, in advance, 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 made in a fiscal year does not count toward 

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. 1010. CHARGES FOR DEFENSE LOGISTICS INFORMATION SERVICES MATERIALS. 

(a) AUTHORITY.—Subchapter I of chapter 8 of title 10, United 

States Code, is amended by adding at the end the following new section: 

‘‘§ 197. Defense Logistics Agency: fees charged for logistics information 

‘‘(a) AUTHORITY.—The Secretary of Defense may charge fees for 

providing information in the Federal Logistics Information System 

through Defense Logistics Information Services to a department or 

agency of the executive branch outside the Department of Defense, 

or to a State, a political subdivision of a State, or any person. 

‘‘(b) AMOUNT.—The fee or fees prescribed under subsection (a) 

shall be such amount or amounts as the Secretary of Defense determines appropriate for recovering the costs of providing information 

as described in such subsection. 

‘‘(c) RETENTION OF FEES.—Fees collected under this section 

shall be credited to the appropriation available for Defense Logistics 

Information Services for the fiscal year in which collected, shall be 

merged with other sums in such appropriation, and shall be availVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00254 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
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able for the same purposes and period as the appropriation with 

which merged. 

‘‘(d) DEFENSE LOGISTICS INFORMATION SERVICES DEFINED.—In 

this section, the term ‘Defense Logistics Information Services’ means 

the organization within the Defense Logistics Agency that is known 

as Defense Logistics Information Services.’’. 

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

‘‘197. Defense Logistics Agency: fees charged for logistics information.’’.

Subtitle B—Naval Vessels and Shipyards

SEC. 1011. AUTHORITY FOR AWARD OF CONTRACTS FOR SHIP DISMANTLING ON NET-COST BASIS. 

(a) IN GENERAL.—Chapter 633 of title 10, United States Code, 

is amended by inserting after section 7305 the following new section: 

‘‘§ 7305a. Vessels stricken from Naval Vessel Register: contracts for dismantling on net-cost basis 

‘‘(a) AUTHORITY FOR NET-COST BASIS CONTRACTS.—When the 

Secretary of the Navy awards a contract for the dismantling of a 

vessel stricken from the Naval Vessel Register, the Secretary may 

award the contract on a net-cost basis. 

‘‘(b) RETENTION BY CONTRACTOR OF PROCEEDS OF SALE OF

SCRAP AND REUSABLE ITEMS.—When the Secretary awards a contract on a net-cost basis under subsection (a), the Secretary shall 

provide in the contract that the contractor may retain the proceeds 

from the sale of scrap and reusable items removed from the vessel 

dismantled under the contract. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘net-cost basis’, with respect to a contract for 

the dismantling of a vessel, means that the amount to be paid 

to the contractor under the contract for dismantling and for removal and disposal of hazardous waste material is discounted 

by the offeror’s estimate of the value of scrap and reusable items 

that the contractor will remove from the vessel during performance of the contract. 

‘‘(2) The term ‘scrap’ means personal property that has no 

value except for its basic material content. 

‘‘(3) The term ‘reusable item’ means a demilitarized component or a removable portion of a vessel or equipment that the 

Secretary of the Navy has identified as excess to the needs of 

the Navy but which has potential resale value on the open market.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 7305 the following new item: 

‘‘7305a. Vessels stricken from Naval Vessel Register: contracts for dismantling on netcost basis.’’.

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SEC. 1012. USE OF PROCEEDS FROM EXCHANGE AND SALE OF OBSOLETE NAVY SERVICE CRAFT AND BOATS. 

(a) COSTS OF PREPARATION FOR DISPOSAL.—(1) Chapter 633 of 

title 10, United States Code, is amended by inserting after section 

7311 the following new section:

‘‘§ 7312. Service craft stricken from Naval Vessel Register; obsolete boats: use of proceeds from exchange or sale 

‘‘(a) EXCHANGE OR SALE OF SIMILAR ITEMS.—When the Secretary of the Navy sells an obsolete service craft or an obsolete boat, 

or exchanges such a craft or boat in a transaction for which a similar craft or boat is acquired, the Secretary may retain the proceeds 

of the sale or the exchange allowance from the exchange, as the case 

may be, and apply the proceeds of sale or the exchange allowance 

for any of the following purposes: 

‘‘(1) For payment, in whole or in part, for a similar service 

craft or boat acquired as a replacement, as authorized by section 503 of title 40.

‘‘(2) For reimbursement, to the extent practicable, of the appropriate accounts of the Navy for the full costs of preparation 

of such obsolete craft or boat for such sale or exchange. 

‘‘(3) For deposit to the special account established under 

subsection (b), to be available in accordance with that subsection. 

‘‘(b) SPECIAL ACCOUNT.—Amounts retained under subsection (a) 

that are not applied as provided in paragraph (1) or (2) of that subsection shall be deposited into a special account. Amounts in the account shall be available under subsection (c) without regard to fiscal year limitation. Amounts in the account that the Secretary of the 

Navy determines are not needed for the purpose stated in subsection 

(c) shall be transferred at least annually to the General Fund of the 

Treasury. 

‘‘(c) COSTS OF PREPARATION OF OBSOLETE SERVICE CRAFT AND

BOATS FOR FUTURE SALE OR EXCHANGE.—The Secretary may use 

amounts in the account under subsection (b) for payment, in whole 

or in part, for the full costs of preparation of obsolete service craft 

and obsolete boats for future sale or exchange. 

‘‘(d) COSTS OF PREPARATION FOR SALE OR EXCHANGE.—In this 

section, the term ‘full costs of preparation’ means the full costs (direct and indirect) incurred by the Navy in preparing an obsolete 

service craft or an obsolete boat for exchange or sale, including the 

cost of the following: 

‘‘(1) Towing. 

‘‘(2) Storage. 

‘‘(3) Defueling. 

‘‘(4) Removal and disposal of hazardous wastes. 

‘‘(5) Environmental surveys to determine the presence of 

regulated materials containing polychlorinated biphenyl (PCB) 

and, if such materials are found, the removal and disposal of 

such materials. 

‘‘(6) Other costs related to such preparation. 

‘‘(e) OBSOLETE SERVICE CRAFT.—For purposes of this section, 

an obsolete service craft is a service craft that has been stricken 

from the Naval Vessel Register. 

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‘‘(f) INAPPLICABILITY OF ADVERTISING REQUIREMENT.—Section 

3709 of the Revised Statutes (41 U.S.C. 5) does not apply to sales 

of service craft and boats described in subsection (a). 

‘‘(g) REGULATIONS.—The Secretary of the Navy shall prescribe 

regulations for the purposes of this section.’’.

(2) The table of sections at the beginning of such chapter is 

amended by inserting after the item relating to section 7311 the following new item:

‘‘7312. Service craft stricken from Naval Vessel Register; obsolete boats: use of proceeds from exchange or sale.’’.

(b) APPLICABILITY.—Section 7312 of title 10, United States 

Code, as added by subsection (a), shall apply with respect to 

amounts received on or after the date of the enactment of this Act 

and to amounts received before the date of the enactment of this Act 

and not obligated as of that date.

SEC. 1013. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS. 

(a) TRANSFERS BY GRANT.—The President is authorized to 

transfer vessels to foreign recipients on a grant basis under section 

516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as follows: 

(1) CHILE.—To the Government of Chile, the SPRUANCE 

class destroyer USS O’BANNON (DD–987). 

(2) PORTUGAL.—To the Government of Portugal, the OLIVER HAZARD PERRY class guided missile frigates GEORGE 

PHILIP (FFG–12) and SIDES (FFG–14). 

(b) TRANSFERS BY SALE.—The President is authorized to transfer vessels to foreign recipients on a sale basis under section 21 of 

the Arms Export Control Act (22 U.S.C. 2761), as follows: 

(1) CHILE.—To the Government of Chile, the SPRUANCE 

class destroyer FLETCHER (DD–992). 

(2) TAIWAN.—To the Taipei Economic and Cultural Representative Office of the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))), the ANCHORAGE class 

dock landing ship ANCHORAGE (LSD–36). 

(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED

EXCESS DEFENSE ARTICLES.—The value of a vessel transferred to 

another country on a grant basis pursuant to authority provided by 

subsection (a) shall not be counted against the aggregate value of 

excess defense articles transferred to countries in any fiscal year 

under section 516(g) of the Foreign Assistance Act of 1961 (22 

U.S.C. 2321j(g)). 

(d) COSTS OF TRANSFERS.—Any expense incurred by the United 

States in connection with a transfer authorized under subsection (a) 

or (b) shall be charged to the recipient. 

(e) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS.—To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, 

that the country to which the vessel is transferred have such repair 

or refurbishment of the vessel as is needed, before the vessel joins 

the naval forces of that country, performed at a shipyard located in 

the United States, including a United States Navy shipyard. 

232

(f) EXPIRATION OF AUTHORITY.—The authority to transfer a vessel under this section shall expire at the end of the two-year period 

beginning on the date of the enactment of this Act.

SEC. 1014. INDEPENDENT STUDY TO ASSESS COST EFFECTIVENESS OF 

THE NAVY SHIP CONSTRUCTION PROGRAM. 

(a) STUDY.—The Secretary of Defense shall provide for a study 

of the cost effectiveness of the ship construction program of the 

Navy. The study shall be conducted by a group of industrial experts 

independent of the Department of Defense. The study shall examine 

both—

(1) a variety of approaches by which the Navy ship construction program could be made more efficient in the near 

term; and 

(2) a variety of approaches by which, with a nationally integrated effort over the next decade, the United States shipbuilding industry might enhance its health and viability. 

(b) NEAR-TERM IMPROVEMENTS IN EFFICIENCY.—With respect to 

the examination under subsection (a)(1) of approaches by which the 

Navy ship construction program could be made more efficient in the 

near term, the Secretary shall provide for the persons conducting 

the study to—

(1) determine the potential cost savings on an annual basis, 

with an estimate of return on investment, from implementation 

of each approach examined; and 

(2) establish priorities for potential implementation of the 

approaches examined. 

(c) UNITED STATES SHIPBUILDING INFRASTRUCTURE MODERNIZATION PLAN.—With respect to the examination under subsection (a)(2) of approaches by which the United States shipbuilding 

industry might enhance its health and viability through a nationally integrated effort over the next decade, the Secretary shall provide for the persons conducting the study to—

(1) propose a plan incorporating a variety of approaches 

that would modernize the United States shipbuilding infrastructure within the next decade, resulting in a healthier and 

more viable shipbuilding industrial base; 

(2) establish priorities for potential implementation of the 

approaches examined; and 

(3) estimate the resources required to implement each of the 

approaches examined. 

(d) REPORT.—Not later than October 1, 2005, the Secretary of 

Defense shall submit a report to the congressional defense committees providing the results of the study under subsection (a). The report shall include the matters specified in subsections (b) and (c).

SEC. 1015. LIMITATION ON DISPOSAL OF OBSOLETE NAVAL VESSEL. 

The Secretary of the Navy may not dispose of the decommissioned destroyer ex-Edson (DD–946) before October 1, 2007, to an 

entity that is not a nonprofit organization unless the Secretary first 

determines that there is no nonprofit organization that meets the 

criteria for donation of that vessel under section 7306(a)(3) of title 

10, United States Code.

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Subtitle C—Counterdrug Matters

SEC. 1021. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND 

COUNTERTERRORISM CAMPAIGN IN COLOMBIA. 

(a) AUTHORITY.—(1) In fiscal years 2005 and 2006, funds available to the Department of Defense to provide assistance to the Government of Colombia may be used by the Secretary of Defense to 

support a unified campaign by the Government of Colombia against 

narcotics trafficking and against activities by organizations designated as terrorist organizations, such as the Revolutionary Armed 

Forces of Colombia (FARC), the National Liberation Army (ELN), 

and the United Self-Defense Forces of Colombia (AUC). 

(2) The authority to provide assistance for a campaign under 

this subsection includes authority to take actions to protect human 

health and welfare in emergency circumstances, including the undertaking of rescue operations. 

(b) APPLICABILITY OF CERTAIN LAWS AND LIMITATIONS.—The 

use of funds pursuant to the authority in subsection (a) shall be 

subject to the following: 

(1) Sections 556, 567, and 568 of the Foreign Operations, 

Export Financing, and Related Programs Appropriations Act, 

2002 (Public Law 107–115; 115 Stat. 2160, 2165, and 2166). 

(2) Section 8076 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 988). 

(c) NUMERICAL LIMITATION ON ASSIGNMENT OF UNITED STATES

PERSONNEL.—Notwithstanding section 3204(b) of the Emergency 

Supplemental Act, 2000 (Division B of Public Law 106–246; 114 

Stat. 575), as amended by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 

107–115; 115 Stat. 2131), the number of United States personnel assigned to conduct activities in Colombia in connection with support 

of Plan Colombia under subsection (a) in fiscal years 2005 and 

2006 shall be subject to the following limitations: 

(1) The number of United States military personnel assigned for temporary or permanent duty in Colombia in connection with support of Plan Colombia may not exceed 800. 

(2) The number of United States individual citizens retained as contractors in Colombia in connection with support of 

Plan Colombia who are funded by Federal funds may not exceed 600. 

(d) LIMITATION ON PARTICIPATION OF UNITED STATES PER- SONNEL.—No United States Armed Forces personnel, United States 

civilian employees, or United States civilian contractor personnel 

employed by the United States may participate in any combat operation in connection with assistance using funds pursuant to the authority in subsection (a), except for the purpose of acting in self defense or of rescuing any United States citizen, including any United 

States Armed Forces personnel, United States civilian employee, or 

civilian contractor employed by the United States. 

(e) RELATION TO OTHER AUTHORITY.—The authority provided 

by subsection (a) is in addition to any other authority in law to provide assistance to the Government of Colombia. 

(f) REPORT ON RELATIONSHIPS BETWEEN TERRORIST ORGANIZATIONS IN COLOMBIA AND FOREIGN GOVERNMENTS AND ORGANIZATIONS.—(1) Not later than 60 days after the date of the enactment 

of this Act, the Secretary of State, in consultation with the Secretary 

234

of Defense and the Director of Central Intelligence, shall submit to 

the congressional defense committees and the Committee on Foreign 

Relations of the Senate and the Committee on International Relations of the House of Representatives a report that describes—

(A) any relationships between foreign governments or organizations and organizations based in Colombia that have been 

designated as foreign terrorist organizations under United 

States law, including the provision of any direct or indirect assistance to such organizations; and 

(B) United States policies that are designed to address such 

relationships. 

(2) The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

SEC. 1022. SENSE OF CONGRESS AND REPORT REGARDING COUNTERDRUG EFFORTS IN AFGHANISTAN. 

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

(1) the President should make the substantial reduction of 

illegal drug trafficking in Afghanistan a priority in the Global 

War on Terrorism; 

(2) the Secretary of Defense, in coordination with the Secretary of State and the heads of other appropriate Federal agencies, should expand cooperation with the Government of Afghanistan and international organizations involved in counterdrug activities to assist in providing a secure environment for 

counter-drug personnel in Afghanistan; and 

(3) the United States, in conjunction with the Government 

of Afghanistan and coalition partners, should undertake additional efforts to reduce illegal drug trafficking and related activities that provide financial support for terrorist organizations 

in Afghanistan and neighboring countries. 

(b) REPORT REQUIRED.—(1) The Secretary of Defense and the 

Secretary of State shall jointly prepare a report that describes—

(A) the progress made towards substantially reducing 

poppy cultivation and heroin production capabilities in Afghanistan; and 

(B) the extent to which profits from illegal drug activity in 

Afghanistan are used to financially support terrorist organizations and groups seeking to undermine the Government of Afghanistan. 

(2) The report required by this subsection shall be submitted to 

Congress not later than 120 days after the date of the enactment of 

this Act.

Subtitle D—Matters Relating to Museums and 

Commemorations

SEC. 1031. RECOGNITION OF THE LIBERTY MEMORIAL MUSEUM, KANSAS CITY, MISSOURI, AS AMERICA’S NATIONAL WORLD 

WAR I MUSEUM. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Liberty Memorial Museum in Kansas City, Missouri, was built in honor of those individuals who served in 

World War I in defense of liberty and the United States. 

(2) The Liberty Memorial Association, the nonprofit organization that originally built the Liberty Memorial Museum, is reVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00260 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
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sponsible for the finances, operations, and collections management of the Liberty Memorial Museum. 

(3) The Liberty Memorial Museum is the only public museum in the United States that exists for the exclusive purpose 

of interpreting the experiences of the United States and its allies 

in the World War I years (1914–1918), both on the battlefield 

and on the home front. 

(4) The Liberty Memorial Museum project began after the 

1918 Armistice through the efforts of a large-scale, grass-roots 

civic and fundraising effort by the citizens of the Kansas City 

metropolitan area, including veterans of World War I. After the 

conclusion of a national architectural design competition, 

ground was broken in 1921, construction began in 1923, and 

the Liberty Memorial Museum was opened to the public in 

1926. 

(5) In 1994, the Liberty Memorial Museum closed for a 

massive restoration and expansion project. The restored museum reopened to the public on Memorial Day in 2002 during 

a gala rededication ceremony. 

(6) Exhibits prepared for the original museum buildings 

presaged the dramatic, underground expansion of core exhibition gallery space, with over 30,000 square feet of new interpretive and educational exhibits currently in development. The 

new exhibits, along with an expanded research library and archives, will more fully utilize the many thousands of historical 

objects, books, maps, posters, photographs, diaries, letters, and 

reminiscences of World War I participants that are preserved 

for posterity in the collections of the Liberty Memorial Museum. 

The new core exhibition is scheduled to open on Veterans Day 

in 2006. 

(7) The City of Kansas City, the State of Missouri, and 

thousands of private donors and philanthropic foundations 

have contributed millions of dollars to first build and later restore the Liberty Memorial Museum. The Liberty Memorial Museum continues to receive the strong support of residents from 

the States of Missouri and Kansas and across the United 

States. 

(8) Since its restoration and rededication in 2002, the Liberty Memorial Museum has attracted thousands of visitors from 

across the United States and many foreign countries. 

(9) There remains a need to preserve in a museum setting 

evidence of the honor, courage, patriotism, and sacrifice of those 

Americans who offered their services and who gave their lives 

in defense of liberty during World War I, evidence of the roles 

of women and African Americans during World War I, and evidence of other relevant subjects. 

(10) The Liberty Memorial Museum seeks to educate a diverse group of audiences through its comprehensive collection of 

historical materials, emphasizing eyewitness accounts of the 

participants on the battlefield and the home front and the impact of World War I on individuals, then and now. The Liberty 

Memorial Museum continues to actively acquire and preserve 

such materials. 

(11) A great opportunity exists to use the invaluable resources of the Liberty Memorial Museum to teach the ‘‘Lessons 

236

of Liberty’’ to schoolchildren in the United States through onsite visits, classroom curriculum development, distance-learning 

activities, and other educational initiatives. 

(12) The Liberty Memorial Museum should remain the foremost museum in the United States regarding the national experience in the World War I years, which people can visit to learn 

about World War I and where the history of this monumental 

struggle will be preserved so that current and future generations may understand the role played by the United States in 

the preservation and advancement of democracy, freedom, and 

liberty in the early 20th century. 

(13) The work of the Liberty Memorial Museum to recognize 

and preserve the history of the Nation’s sacrifices in World War 

I will take on added significance as the centennial observance 

of the war approaches. 

(14) It is fitting and proper to refer to the Liberty Memorial 

Museum as ‘‘America’s National World War I Museum’’. 

(b) CONGRESSIONAL RECOGNITION.—Congress—

(1) recognizes the Liberty Memorial Museum in Kansas 

City, Missouri, including the museum’s future and expanded exhibits, collections, library, archives, and educational programs, 

as ‘‘America’s National World War I Museum’’; 

(2) recognizes that the continuing collection, preservation, 

and interpretation of the historical objects and other historical 

materials held by the Liberty Memorial Museum will enhance 

the knowledge and understanding of the experiences of the 

United States and its allies in the World War I years (1914–

1918), both on the battlefield and on the home front; 

(3) commends the ongoing development and visibility of the 

‘‘Lessons of Liberty’’ educational outreach programs prepared by 

the Liberty Memorial Museum for teachers and students 

throughout the United States; and 

(4) encourages present generations of Americans to understand the magnitude of World War I, how it shaped the United 

States, other countries, and later world events, and how the 

sacrifices made by Americans then helped preserve liberty, democracy, and other founding principles of the United States for 

generations to come.

SEC. 1032. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF 

WORLD WAR II. 

(a) IN GENERAL.—For fiscal year 2005, the Secretary of Defense 

may conduct a program—

(1) to commemorate the 60th anniversary of World War II; 

and 

(2) to coordinate, support, and facilitate other such commemoration programs and activities of the Federal Government, 

State and local governments, and other persons. 

(b) PROGRAM ACTIVITIES.—The program referred to in subsection (a) may include activities and ceremonies—

(1) to provide the people of the United States with a clear 

understanding and appreciation of the lessons and history of 

World War II; 

(2) to thank and honor veterans of World War II and their 

families; 

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(3) to pay tribute to the sacrifices and contributions made 

on the home front by the people of the United States; 

(4) to foster an awareness in the people of the United States 

that World War II was the central event of the 20th century that 

defined the postwar world; 

(5) to highlight advances in technology, science, and medicine related to military research conducted during World War 

II; 

(6) to inform wartime and postwar generations of the contributions of the Armed Forces of the United States to the 

United States; 

(7) to recognize the contributions and sacrifices made by 

World War II allies of the United States; and 

(8) to highlight the role of the Armed Forces of the United 

States, then and now, in maintaining world peace through 

strength. 

(c) ESTABLISHMENT OF ACCOUNT.—(1) There is established in 

the Treasury of the United States an account to be known as the 

‘‘Department of Defense 60th Anniversary of World War II Commemoration Account’’ which shall be administered by the Secretary 

as a single account. 

(2) There shall be deposited in the account, from amounts appropriated to the Department of Defense for operation and maintenance of Defense Agencies, such amounts as the Secretary considers 

appropriate to conduct the program referred to in subsection (a). 

(3) The Secretary may use the funds in the account established 

in paragraph (1) only for the purpose of conducting the program referred to in subsection (a). 

(4) Not later than 60 days after the termination of the authority 

of the Secretary to conduct the program referred to in subsection (a), 

the Secretary shall transmit to the Committee on Armed Services of 

the Senate and the Committee on Armed Services of the House of 

Representatives a report containing an accounting of all the funds 

deposited into and expended from the account or otherwise expended 

under this section, and of any amount remaining in the account. 

Unobligated funds which remain in the account after termination of 

the authority of the Secretary under this section shall be held in the 

account until transferred by law after the Committees receive the report. 

(d) ACCEPTANCE OF VOLUNTARY SERVICES.—(1) Notwithstanding section 1342 of title 31, United States Code, the Secretary 

may accept from any person voluntary services to be provided in 

furtherance of the program referred to in subsection (a). 

(2) A person providing voluntary services under this subsection 

shall be considered to be an employee for the purposes of chapter 81 

of title 5, United States Code, relating to compensation for work-related injuries. Such a person who is not otherwise employed by the 

Federal Government shall not be considered to be a Federal employee for any other purposes by reason of the provision of such service. 

(3) The Secretary may reimburse a person providing voluntary 

services under this subsection for incidental expenses incurred by 

such person in providing such services. The Secretary shall determine which expenses are eligible for reimbursement under this 

paragraph.

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SEC. 1033. ANNUAL REPORT ON DEPARTMENT OF DEFENSE OPERATION AND FINANCIAL SUPPORT FOR MILITARY MUSEUMS. 

(a) REPORT REQUIRED.—Chapter 23 of title 10, United States 

Code, is amended by adding at the end the following new section:

‘‘§ 489. Annual report on Department of Defense operation 

and financial support for military museums 

‘‘(a) REPORT REQUIRED.—As part of the budget materials submitted to Congress in connection with the submission of the budget 

for a fiscal year pursuant to section 1105 of title 31, but in no case 

later than March 15 of each year, the Secretary of Defense shall 

submit a report identifying all military museums that, during the 

most recently completed fiscal year—

‘‘(1) were operated by the Secretary of Defense or the Secretary of a military department; 

‘‘(2) were otherwise supported using funds appropriated to 

the Department of Defense; or 

‘‘(3) were located on property under the jurisdiction of the 

Department of Defense, although neither operated by the Department of Defense nor supported using funds appropriated to 

the Department of Defense. 

‘‘(b) INFORMATION ON INDIVIDUAL MUSEUMS.—For each museum identified in a report under this section, the Secretary of Defense shall include in the report the following: 

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

‘‘(2) A description of the facilities dedicated to the museum, 

including the location, size, and type of facilities and whether 

the facilities are included or eligible for inclusion on the National Register of Historic Places. 

‘‘(3) An itemized listing of the funds appropriated to the Department of Defense that were obligated to support the museum 

during the fiscal year covered by the report and a description 

of the process used to determine the annual allocation of Department of Defense funds for the museum. 

‘‘(4) An itemized listing of any other Federal funds, funds 

from a nonappropriated fund instrumentality account of the Department of Defense, and non-Federal funds obligated to support the museum. 

‘‘(5) The management structure of the museum, including 

identification of the persons responsible for preparing the budget for the museum and for making acquisition and management 

decisions for the museum. 

‘‘(6) The number of civilian employees of the Department of 

Defense and members of the armed forces who served full-time 

or part-time at the museum and their role in the management 

structure of the museum. 

‘‘(c) INFORMATION ON SUPPORT PRIORITIES.—Each report under 

this section shall also include a separate description of the procedures used by the Secretary of Defense, in the case of museums identified in the report that are operated or supported by the Secretary 

of Defense, and the Secretary of a military department, in the case 

of museums identified in the report that are operated or supported 

by that Secretary, to prioritize funding and personnel support to the 

museums. The Secretary of Defense shall include a description of 

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any such procedures applicable to the entire Department of Defense.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘489. Annual report on Department of Defense operation and financial support for 

military museums.’’.

Subtitle E—Reports

SEC. 1041. QUARTERLY DETAILED ACCOUNTING FOR OPERATIONS 

CONDUCTED AS PART OF THE GLOBAL WAR ON TERRORISM. 

(a) QUARTERLY ACCOUNTING.—Not later than 45 days after the 

end of each quarter of a year, the Secretary of Defense shall submit 

to the congressional defense committees, for each operation specified 

in subsection (b)—

(1) a full accounting of all costs incurred for such operation 

during such quarter and all amounts expended during such 

quarter for such operation; and 

(2) a description of the purposes for which those costs were 

incurred and those amounts were expended. 

(b) OPERATIONS COVERED.—The operations referred to in subsection (a) are the following: 

(1) Operation Iraqi Freedom. 

(2) Operation Enduring Freedom. 

(3) Operation Noble Eagle. 

(4) Any other operation that the President designates as 

being an operation of the Global War on Terrorism. 

(c) REQUIREMENT FOR COMPREHENSIVENESS.—For the purpose 

of providing a full and complete accounting of the costs and expenditures under subsection (a) for an operation specified in subsection 

(b), the Secretary shall account in the quarterly submission under 

subsection (a) for all costs and expenditures that are reasonably attributable to that operation, including personnel costs.

SEC. 1042. REPORT ON POST-MAJOR COMBAT OPERATIONS PHASE OF 

OPERATION IRAQI FREEDOM. 

(a) REPORT REQUIRED.—(1) Not later than June 1, 2005, the 

Secretary of Defense shall submit to the congressional defense committees a report on the conduct of military operations during the 

post-major combat operations phase of Operation Iraqi Freedom. 

(2) The report shall be prepared in consultation with the Chairman of the Joint Chiefs of Staff, the commander of the United 

States Central Command, and such other officials as the Secretary 

considers appropriate. 

(b) CONTENT.—(1) The report shall include a discussion of the 

matters described in paragraph (2), with a particular emphasis on 

accomplishments and shortcomings and on near-term and long-term 

corrective actions to address such shortcomings. 

(2) The matters to be discussed in the report are as follows: 

(A) The military and political objectives of the international 

coalition conducting the post-major combat operations phase of 

Operation Iraqi Freedom, and the military strategy selected to 

achieve such objectives, together with an assessment of the execution of the military strategy. 

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(B) The mobilization process for the reserve components of 

the Armed Forces, including the timeliness of notification, 

training and certification, and subsequent demobilization. 

(C) The use and performance of major items of United 

States military equipment, weapon systems, and munitions (including non-lethal weapons and munitions, items classified 

under special access procedures, and items drawn from 

prepositioned stocks) and any expected effects of the experience 

with the use and performance of such items on the doctrinal 

and tactical employment of such items and on plans for continuing the acquisition of such items. 

(D) Any additional requirements for military equipment, 

weapon systems, munitions, force structure, or other capability 

identified during the post-major combat operations phase of Operation Iraqi Freedom, including changes in type or quantity 

for future operations. 

(E) The effectiveness of joint air operations, together with 

an assessment of the effectiveness of—

(i) the employment of close air support; and 

(ii) attack helicopter operations. 

(F) The use of special operations forces, including operational and intelligence uses. 

(G) The scope of logistics support, including support to and 

from other nations and from international organizations and 

organizations and individuals from the private sector in Iraq. 

(H) The incidents of accidental fratricide, including a discussion of the effectiveness of the tracking of friendly forces and 

the use of the combat identification systems in mitigating 

friendly fire incidents. 

(I) The adequacy of spectrum and bandwidth to transmit 

information to operational forces and assets, including unmanned aerial vehicles, ground vehicles, and individual soldiers. 

(J) The effectiveness of strategic, operational, and tactical 

information operations, including psychological operations and 

assets, organization, and doctrine related to civil affairs, in 

achieving established objectives, together with a description of 

technological and other restrictions on the use of information 

operations capabilities. 

(K) The readiness of the reserve component forces used in 

the post-major combat operations phase of Operation Iraqi Freedom, including an assessment of the success of the reserve component forces in accomplishing their missions. 

(L) The adequacy of intelligence support during the postmajor combat operations phase of Operation Iraqi Freedom, including the adequacy of such support in searches for weapons 

of mass destruction. 

(M) The rapid insertion and integration, if any, of developmental but mission-essential equipment, organizations, or procedures during the post-major combat operations phase of Operation Iraqi Freedom. 

(N) A description of the coordination, communication, and 

unity of effort between the Armed Forces, the Coalition Provisional Authority, other United States government agencies and 

organizations, nongovernmental organizations, and political, 

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security, and nongovernmental organizations of Iraq, including 

an assessment of the effectiveness of such efforts. 

(O) The adequacy of training for military units once deployed to the area of operations of the United States Central 

Command, including training for changes in unit mission and 

continuation training for high-intensity conflict missions. 

(P) An estimate of the funding required to return or replace 

equipment used through the period covered by the report in Operation Iraqi Freedom, including equipment in prepositioned 

stocks, to mission-ready condition. 

(Q) A description of military civil affairs and reconstruction 

efforts, including efforts through the Commanders Emergency 

Response Program, and an assessment of the effectiveness of 

such efforts and programs.

(R) The adequacy of the requirements determination and 

acquisition processes, acquisition, and distribution of force protection equipment, including personal gear, vehicles, helicopters, 

and defense devices. 

(S) The most critical lessons learned that could lead to 

long-term doctrinal, organizational, and technological changes, 

and the probable effects that an implementation of those 

changes would have on current visions, goals, and plans for 

transformation of the Armed Forces or the Department of Defense. 

(T) The planning for and implementation of morale, welfare, and recreation programs for deployed forces and support 

to dependents, including rest and recuperation programs and 

personal communication benefits such as telephone, mail, and 

email services, including an assessment of the effectiveness of 

such programs. 

(U) An analysis of force rotation plans, including individual personnel and unit rotations, differing deployment 

lengths, and in-theater equipment repair and leave behinds. 

(V) The organization of United States Central Command to 

conduct post-conflict operations and lessons for other combatant 

commands to conduct other such operations in the future. 

(c) FORM OF REPORT.—The report shall be submitted in unclassified form, but may include a classified annex. 

(d) POST-MAJOR COMBAT OPERATIONS PHASE OF OPERATION

IRAQI FREEDOM DEFINED.—In this section, the term ‘‘post-major 

combat operations phase of Operation Iraqi Freedom’’ means the period of Operation Iraqi Freedom beginning on May 2, 2003, and 

ending on December 31, 2004.

SEC. 1043. REPORT ON TRAINING PROVIDED TO MEMBERS OF THE 

ARMED FORCES TO PREPARE FOR POST-CONFLICT OPERATIONS. 

(a) STUDY ON TRAINING.—The Secretary of Defense shall conduct a study to determine the extent to which members of the Armed 

Forces assigned to duty in support of contingency operations receive 

training in preparation for post-conflict operations and to evaluate 

the quality of such training. 

(b) MATTERS TO BE INCLUDED IN STUDY.—As part of the study 

under subsection (a), the Secretary shall specifically evaluate the following: 

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(1) The doctrine, training, and leader-development system 

necessary to enable members of the Armed Forces to successfully 

operate in post-conflict operations. 

(2) The adequacy of the curricula at military educational 

facilities to ensure that the Armed Forces has a cadre of members skilled in post-conflict duties, including a familiarity with 

applicable foreign languages and foreign cultures. 

(3) The training time and resources available to members 

and units of the Armed Forces to develop awareness about ethnic backgrounds, religious beliefs, and political structures of the 

people living in areas in which the Armed Forces operate and 

areas in which post-conflict operations are likely to occur. 

(4) The adequacy of training transformation to emphasize 

post-conflict operations, including interagency coordination in 

support of commanders of combatant commands. 

(c) REPORT ON STUDY.—Not later than May 1, 2005, the Secretary 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 the result of the study conducted under this section.

SEC. 1044. REPORT ON ESTABLISHING NATIONAL CENTERS OF EXCELLENCE FOR UNMANNED AERIAL AND GROUND VEHICLES. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the need for one 

or more national centers of excellence for unmanned aerial and 

ground vehicles. 

(b) GOAL OF CENTERS.—The goal of the centers covered by the 

report is to promote interservice cooperation and coordination in the 

following areas: 

(1) Development of joint doctrine for the organization, 

training, and use of unmanned aerial and ground vehicles. 

(2) Joint research, development, test, and evaluation, and 

joint procurement of unmanned aerial and ground vehicles. 

(3) Identification and coordination, in conjunction with the 

private sector and academia, of the future development of unmanned aerial and ground vehicles. 

(4) Monitoring of the development and utilization of unmanned aerial and ground vehicles in other nations for both 

military and non-military purposes. 

(5) The providing of joint training and professional development opportunities in the use and operation of unmanned 

aerial and ground vehicles to military personnel of all ranks 

and levels of responsibility. 

(c) REPORT REQUIREMENTS.—The report shall include, at a 

minimum, the following: 

(1) A list of facilities at which the Department of Defense 

currently conducts or plans to conduct research, development, 

and testing activities on unmanned aerial and ground vehicles. 

(2) A list of facilities at which the Department of Defense 

currently deploys or has committed to deploying unmanned aerial or ground vehicles. 

(3) The extent to which existing facilities described in paragraphs (1) and (2) have sufficient unused capacity and expertise 

to research, develop, test, and deploy the current and next genVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00268 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
243

erations of unmanned aerial and ground vehicles and to provide for the development of doctrine on the use and training of 

operators of such vehicles. 

(4) The extent to which efficiencies with respect to research, 

development, testing, and deployment of existing or future unmanned aerial and ground vehicles can be achieved through 

consolidation at one or more national centers of excellence for 

unmanned aerial and ground vehicles. 

(5) A list of potential locations for the national centers of 

excellence under this section. 

(d) CONSIDERATIONS.—In determining the potential locations 

for the national centers of excellence under this section, the Secretary of Defense shall take into consideration existing military facilities that have—

(1) a workforce of skilled personnel; 

(2) existing capacity of runways and other facilities to accommodate the research, development, testing, and deployment 

of current and future unmanned aerial vehicles; and 

(3) minimal restrictions on the research, development, testing, and deployment of unmanned aerial vehicles resulting from 

proximity to large population centers or airspace heavily utilized by commercial flights.

SEC. 1045. STUDY OF CONTINUED REQUIREMENT FOR TWO-CREW MANNING FOR BALLISTIC MISSILE SUBMARINES. 

(a) STUDY AND DETERMINATION.—The Secretary of Defense 

shall conduct a study of whether the practice of using two alternating crews (referred to as the ‘‘Gold Crew’’ and the ‘‘Blue Crew’’) 

for manning of ballistic missile submarines (SSBNs) continues to be 

justified under the changed circumstances since the end of the Cold 

War and, based on that study, shall make a determination of 

whether that two-crew manning practice should be continued or 

should be modified or terminated. 

(b) REPORT.—Not later than six months after the date of the enactment of this Act, the Secretary shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report 

providing notice of the Secretary’s determination under subsection 

(a) and the reasons for that determination.

SEC. 1046. REPORT ON DEPARTMENT OF DEFENSE PROGRAMS FOR 

PREPOSITIONING OF MATERIEL AND EQUIPMENT. 

(a) SECRETARY OF DEFENSE ASSESSMENT AND REPORT.—(1) 

The Secretary of Defense shall conduct an assessment of the programs of the Armed Forces for the prepositioning of materiel and 

equipment. Such assessment shall focus on how those programs will 

support the goal of the Secretary to have the capability, from the 

onset of a contingency situation, to—

(A) deploy forces to a distant theater within 10 days; 

(B) defeat an enemy within 30 days; and 

(C) be ready for an additional conflict within another 30 

days. 

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

(b) MATTERS TO BE INCLUDED.—The assessment under subsection (a) shall include the following: 

(1) A review of the prepositioning of materiel and equipment used in Operation Iraqi Freedom and Operation Enduring 

244

Freedom, including identification of challenges and potential 

solutions. 

(2) A description of changes to doctrine, strategy, and 

transportation plans that could be necessary to support the goal 

of the Secretary described in subsection (a). 

(3) A description of modifications to prepositioning programs that could be required in order to incorporate modularity 

concepts, future force structure changes, and sea-basing concepts. 

(4) A discussion of joint operations and training that support force projection requirements, including—

(A) theater opening requirements at potential aerial 

and sea ports of debarkation; 

(B) joint force reception capabilities; 

(C) joint theater distribution operations; and 

(D) use of joint prepositioned stocks, materiel, and systems.

SEC. 1047 REPORT ON AL QAEDA AND ASSOCIATED GROUPS IN LATIN 

AMERICA AND THE CARIBBEAN. 

(a) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation 

with the Secretary of State, submit to the Committees on Armed 

Services of the Senate and House of Representatives a report on the 

activities of al Qaeda and associated groups in Latin America and 

the Caribbean, including—

(1) an assessment of the extent to which such groups have 

established a presence in the area; 

(2) a description of the activities of such groups in the area, 

including fundraising, money laundering, narcotrafficking, and 

associations with criminal groups; 

(3) an assessment of the threat posed by such groups to the 

peace and stability of the nations in the area and to United 

States interests; and 

(4) a description of United States policies intended to deal 

with such a threat. 

(b) FORM OF REPORT.—The report shall be submitted in unclassified form, but may include a classified annex.

Subtitle F—Defense Against Terrorism and Other Domestic 

Security Matters

SEC. 1051. ACCEPTANCE OF COMMUNICATIONS EQUIPMENT PROVIDED 

BY LOCAL PUBLIC SAFETY AGENCIES. 

(a) AUTHORITY.—Chapter 155 of title 10, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 2613. Emergency communications equipment: acceptance 

from local public safety agencies for temporary use 

related to disasters 

‘‘(a) AUTHORITY TO ACCEPT EQUIPMENT.—(1) Subject to subsection (c), the Secretary concerned—

‘‘(1) may accept communications equipment for use in coordinating joint response and recovery operations with public 

safety agencies in the event of a disaster; and 

‘‘(2) may accept services related to the operation and maintenance of such equipment. 

245

‘‘(b) REGULATIONS.—The authority under subsection (a) shall be 

exercised under regulations prescribed by the Secretary of Defense. 

‘‘(c) LIMITATIONS.—(1) Equipment may be accepted under subsection (a)(1) only to the extent that communications equipment 

under the control of the Secretary concerned at the potential disaster 

response site is inadequate to meet military requirements for communicating with public safety agencies during the period of response to the disaster. 

‘‘(2) Services may be accepted under subsection (a)(2) related to 

the operation and maintenance of communications equipment only 

to the extent that the necessary capabilities are not available to the 

military commander having custody of the equipment. 

‘‘(c) LIABILITY.—A person providing services accepted under this 

section may not be considered, by reason of the provision of such 

services, to be an officer, employee, or agent of the United States for 

any purpose.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘2613. Emergency communications equipment: acceptance from local public safety 

agencies for temporary use related to disasters.’’.

SEC. 1052. DETERMINATION AND REPORT ON FULL-TIME AIRLIFT SUPPORT FOR HOMELAND DEFENSE OPERATIONS. 

(a) DETERMINATION REQUIRED.—(1) The Secretary of Defense 

shall determine the feasibility and advisability of dedicating an airlift capability of the Armed Forces to the support of homeland defense operations, including operations in support of contingent requirements for transportation of any of the following in response to 

a disaster: 

(A) Weapons of Mass Destruction Civil Support Teams. 

(B) National Guard Chemical, Biological, Radiological, 

Nuclear, High Explosive Enhanced Response Force Packages. 

(C) Air Force expeditionary medical teams. 

(D) Department of Energy emergency response teams. 

(2) In making the determination under paragraph (1), the Secretary shall take into consideration the results of the study required 

under subsection (b). 

(b) REQUIREMENT FOR STUDY AND PLAN.—(1) The Secretary of 

Defense shall conduct a study of the plans and capabilities of the 

Department of Defense for meeting contingent requirements for 

transporting teams and packages specified in subsection (a)(1) in response to disasters. 

(2) The Secretary shall prepare a plan for resolving any deficiencies in the plans and capabilities for meeting the transportation 

requirements described in paragraph (1). 

(3) The Secretary of Defense shall require the commander of the 

United States Northern Command and the commander of the 

United States Transportation Command to carry out jointly the 

study required under paragraph (1) and to prepare jointly the plan 

required under paragraph (2). 

(c) REPORT.—Not later than April 1, 2005, the Secretary shall 

submit to the Committees on Armed Services of the Senate and the 

House of Representatives a report on the results of the study under 

subsection (b). The report shall include the following matters: 

(1) The Secretary’s determination under subsection (a). 

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(2) An assessment and discussion of the adequacy of existing plans and capabilities of the Department of Defense for 

meeting the transportation requirements described in subsection 

(b)(1). 

(3) The plan required under subsection (b)(2). 

(d) DEFINITION.—In this section, the term ‘‘Weapons of Mass 

Destruction Civil Support Team’’ has the meaning given that term 

in section 305b(e) of title 37, United States Code.

SEC. 1053. SURVIVABILITY OF CRITICAL SYSTEMS EXPOSED TO CHEMICAL OR BIOLOGICAL CONTAMINATION. 

(a) REQUIREMENT FOR IMPLEMENTATION PLAN.—Not later than 

120 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 plan, for implementation by the Department of Defense, that sets forth a systematic approach for ensuring the survivability of defense critical systems upon contamination of any such 

system by chemical or biological agents. 

(b) CONTENT.—At a minimum, the plan under subsection (a) 

shall include the following: 

(1) Policies for ensuring that the survivability of defense 

critical systems in the event of contamination by chemical or biological agents is adequately addressed throughout the Department of Defense. 

(2) A systematic process for identifying those systems which 

are defense critical systems. 

(3) Specific testing procedures to be used during the design 

and development of new defense critical systems. 

(4) A centralized database that—

(A) contains comprehensive information on the effects 

of chemical and biological agents and decontaminants on 

materials used in defense critical systems; and 

(B) is easily accessible to personnel who have duties to 

ensure the survivability of defense critical systems upon 

contamination of such systems by chemical and biological 

agents. 

(c) DEFENSE CRITICAL SYSTEM DEFINED.—In this section, the 

term ‘‘defense critical system’’ means a Department of Defense system that, as determined by the Secretary of Defense, is vital to an 

essential defense mission.

Subtitle G—Personnel Security Matters

SEC. 1061. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL SECURITY INVESTIGATIONS AND DETERMINATIONS. 

Section 30305(b) of title 49, United States Code, is amended—

(1) by redesignating paragraphs (9) through (11) as paragraphs (10) through (12), respectively; and 

(2) by inserting after paragraph (8) the following new paragraph: 

‘‘(9) An individual who has or is seeking access to national security information for purposes of Executive Order No. 12968, or 

any successor Executive order, or an individual who is being investigated for Federal employment under authority of Executive Order 

No. 10450, or any successor Executive order, may request the chief 

driver licensing official of a State to provide information about the 

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individual pursuant to subsection (a) of this section to a Federal department or agency that is authorized to investigate the individual 

for the purpose of assisting in the determination of the eligibility of 

the individual for access to national security information or for Federal employment in a position requiring access to national security 

information. A Federal department or agency that receives information about an individual under the preceding sentence may use such 

information only for purposes of the authorized investigation and 

only in accordance with applicable law.’’.

SEC. 1062. STANDARDS FOR DISQUALIFICATION FROM ELIGIBILITY 

FOR DEPARTMENT OF DEFENSE SECURITY CLEARANCE. 

(a) DISQUALIFIED PERSONS.—Subsection (c)(1) of section 986 of 

title 10, United States Code, is amended—

(1) by striking ‘‘and’’ and inserting ‘‘, was’’; and 

(2) by inserting before the period at the end the following: 

‘‘, and was incarcerated as a result of that sentence for not less 

than one year’’. 

(b) WAIVER AUTHORITY.—Subsection (d) of such section is 

amended to read as follows: 

‘‘(d) WAIVER AUTHORITY.—In a meritorious case, an exception to 

the prohibition in subsection (a) may be authorized for a person described in paragraph (1) or (4) of subsection (c) if there are mitigating factors. Any such waiver may be authorized only in accordance with standards and procedures prescribed by, or under the authority of, an Executive order or other guidance issued by the President.’’.

Subtitle H—Transportation-Related Matters

SEC. 1071. USE OF MILITARY AIRCRAFT TO TRANSPORT MAIL TO AND 

FROM OVERSEAS LOCATIONS. 

(a) AUTHORITY FOR USE OF MILITARY AIRCRAFT.—Section 3401 

of title 39, United States Code, is amended—

(1) in subsection (b)—

(A) in the matter preceding paragraph (1)(A), by striking ‘‘title 49,’’ and inserting ‘‘title 49, or on military aircraft 

at rates not to exceed those so fixed and determined for 

scheduled United States air carriers,’’; and 

(B) in the sentence following paragraph (3), by striking 

‘‘carriers’’ each place it appears and inserting ‘‘carriers and 

military aircraft’’; and 

(2) in subsection (c)—

(A) in the first sentence, by striking ‘‘title 49,’’ and inserting ‘‘title 49, or on military aircraft at rates not to exceed those so fixed and determined for scheduled United 

States air carriers,’’; and 

(B) in the second sentence—

(i) by inserting ‘‘and military aircraft’’ after ‘‘carriers’’ the first place it appears; and 

(ii) by striking ‘‘by air carriers other than scheduled United States air carriers’’ and inserting ‘‘by other 

than scheduled United States air carriers and military 

aircraft’’. 

(b) DEFINITION.—Such section is further amended by adding at 

the end the following new subsection: 

‘‘(g) In this section: 

248

‘‘(1) The term ‘military aircraft’ means an aircraft owned, 

operated, or chartered by the Department of Defense. 

‘‘(2) The term ‘United States air carrier’ has the meaning 

given the term ‘air carrier’ in section 40102 of title 49.’’.

SEC. 1072. REORGANIZATION AND CLARIFICATION OF CERTAIN PROVISIONS RELATING TO CONTROL AND SUPERVISION OF 

TRANSPORTATION WITHIN THE DEPARTMENT OF DEFENSE. 

(a) TRANSFER OF CERTAIN TRANSPORTATION AUTHORITIES.—

Sections 4744, 4745, 4746, and 4747 of title 10, United States Code, 

are transferred to chapter 157 of such title, inserted (in that order) 

at the end of such chapter, and redesignated as sections 2648, 2649, 

2650, and 2651, respectively. 

(b) CLARIFICATION OF APPLICABILITY OF TRANSFERRED AUTHORITIES THROUGHOUT THE DEPARTMENT OF DEFENSE.—(1) Section 2648 of such title, as transferred and redesignated by subsection (a), is amended—

(A) by striking ‘‘Secretary of the Army’’ in the matter preceding paragraph (1) and inserting ‘‘Secretary of Defense’’; 

(B) by striking ‘‘Army transport agencies’’ in the matter preceding paragraph (1) and all that follows through ‘‘military 

transport agency of’’; 

(C) by striking paragraphs (1), (2), and (3); 

(D) by redesignating paragraph (4), (5), (6), and (7) as 

paragraphs (1), (2), (3), and (4), respectively; 

(E) by redesignating paragraph (8) as paragraph (5) and in 

that paragraph striking ‘‘persons described in clauses (1), (2), 

(4), (5), and (7)’’ and inserting ‘‘members of the armed forces, 

officers and employees of the Department of Defense or the 

Coast Guard, and persons described in paragraphs (1), (2), and 

(4)’’; and

(F) by striking ‘‘clause (7) or (8)’’ in the last sentence and 

inserting ‘‘paragraph (4) or (5)’’. 

(2) Section 2649 of such title, as transferred and redesignated 

by subsection (a), is amended— 

(A) by striking the section heading and inserting the following: 

‘‘§ 2649. Civilian passengers and commercial cargoes: transportation on Department of Defense vessels’’; 

(B) by striking ‘‘(1) on vessels’’ and all that follows through 

‘‘Department of the Army’’; 

(C) by striking ‘‘any transport agency of’’; and 

(D) by striking ‘‘Secretary of the Army’’ and all that follows 

through ‘‘be transported’’ and inserting ‘‘Secretary of Defense, be 

transported’’. 

(3) Section 2650 of such title, as transferred and redesignated 

by subsection (a), is amended—

(A) in the matter preceding paragraph (1), by striking 

‘‘Army transport agencies’’ and all that follows through ‘‘military transport agency of’’; 

(B) in paragraph (1), by striking ‘‘Secretary of the Army’’ 

and inserting ‘‘Secretary of Defense’’; and 

249

(C) in paragraph (4), by striking ‘‘by air—’’ and all that follows through ‘‘the transportation cannot’’ and inserting ‘‘by air, 

the transportation cannot’’. 

(4) Section 2651 of such title, as transferred and redesignated 

by subsection (a), is amended by striking ‘‘Army transport agencies’’ 

and all that follows and inserting ‘‘the Department of Defense, 

under regulations and at rates to be prescribed by the Secretary of 

Defense.’’. 

(c) REPEAL OF SUPERSEDED AND OBSOLETE PROVISIONS.—The 

following sections of such title are repealed: sections 4741, 4743, 

9741, 9743, and 9746. 

(d) CLERICAL AMENDMENTS.—

(1) The table of sections at the beginning of chapter 157 of 

such title is amended by adding at the end the following new 

items:

‘‘2648. Persons and supplies: sea transportation. 

‘‘2649. Civilian passengers and commercial cargoes: transportation on Department of 

Defense vessels. 

‘‘2650. Civilian personnel in Alaska. 

‘‘2651. Passengers and merchandise to Guam: sea transport.’’.

(2) The table of sections at the beginning of chapter 447 of 

such title is amended by striking the items relating to sections 

4741, 4743, 4744, 4745, 4746, and 4747. 

(3) The table of sections at the beginning of chapter 947 of 

such title is amended by striking the items relating to sections 

9741, 9743, and 9746.

SEC. 1073. EVALUATION OF PROCUREMENT PRACTICES RELATING TO 

TRANSPORTATION OF SECURITY-SENSITIVE CARGO. 

(a) EVALUATION REQUIREMENT.—The Secretary of Defense shall 

evaluate the procurement practices of the Department of Defense in 

the award of service contracts for domestic freight transportation for 

security-sensitive cargo (such as arms, ammunitions, explosives, and 

classified material) to determine whether such practices are in the 

best interests of the Department of Defense. 

(b) REPORT.—Not later than January 1, 2005, the Secretary of 

Defense shall submit to the Committees on Armed Services of the 

House of Representatives and the Senate a report on the results of 

the evaluation conducted under subsection (a).

Subtitle I—Other Matters

SEC. 1081. LIABILITY PROTECTION FOR DEPARTMENT OF DEFENSE 

VOLUNTEERS WORKING IN MARITIME ENVIRONMENT. 

Section 1588(d)(1)(B) of title 10, United States Code, is amended by inserting before the period at the end the following: ‘‘and the 

Act of March 9, 1920, commonly known as the ‘Suits in Admiralty 

Act’ (41 Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act of March 

3, 1925, commonly known as the ‘Public Vessels Act’ (43 Stat. 1112; 

46 U.S.C. App. 781 et seq.) (relating to claims for damages or loss 

on navigable waters)’’.

SEC. 1082. SENSE OF CONGRESS CONCERNING MEDIA COVERAGE OF 

THE RETURN TO THE UNITED STATES OF THE REMAINS 

OF DECEASED MEMBERS OF THE ARMED FORCES FROM 

OVERSEAS. 

(a) FINDINGS.—Congress makes the following findings: 

250

(1) The Department of Defense, since 1991, has relied on a 

policy of no media coverage of the transfers of the remains of 

deceased members of the Armed Forces—

(A) at Ramstein Air Force Base, Germany; 

(B) at Dover Air Force Base, Delaware, and the Port 

Mortuary Facility at Dover Air Force Base; and 

(C) at interim stops en route to the point of final destination in the transfer of the remains. 

(2) The principal focus and purpose of the policy is to protect the wishes and the privacy of families of deceased members 

of the Armed Forces during their time of great loss and grief 

and to give families and friends of the dead the privilege to decide whether to allow media coverage at the member’s duty or 

home station, at the interment site, or at or in connection with 

funeral and memorial services. 

(3) In a 1991 legal challenge to the Department of Defense 

policy, as applied during Operation Desert Storm, the policy 

was upheld by the United States District Court for the District 

of Columbia, and on appeal, by the United States Court of Appeals for the District of Columbia in the case of JB Pictures, 

Inc. v. Department of Defense and Donald B. Rice, Secretary of 

the Air Force on the basis that denying the media the right to 

view the return of remains at Dover Air Force Base does not 

violate the first amendment guarantees of freedom of speech 

and of the press. 

(4) The United States Court of Appeals for the District of 

Columbia in that case cited the following two key Government 

interests that are served by the Department of Defense policy: 

(A) Reducing the hardship on the families and friends 

of the war dead, who may feel obligated to travel great distances to attend arrival ceremonies at Dover Air Force Base 

if such ceremonies were held. 

(B) Protecting the privacy of families and friends of the 

dead, who may not want media coverage of the unloading 

of caskets at Dover Air Force Base. 

(5) The Court also noted, in that case, that the bereaved 

may be upset at the public display of the caskets of their loved 

ones and that the policy gives the family the right to grant or 

deny access to the media at memorial or funeral services at the 

home base and that the policy is consistent in its concern for 

families. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Department of Defense policy regarding no media coverage of the 

transfer of the remains of deceased members of the Armed Forces—

(1) appropriately protects the privacy of the families and 

friends of the deceased; and 

(2) is consistent with United States constitutional guarantees of freedom of speech and freedom of the press.

SEC. 1083. TRANSFER OF HISTORIC F3A-1 BREWSTER CORSAIR AIRCRAFT. 

(a) AUTHORITY TO CONVEY.—The Secretary of the Navy may 

convey, without consideration, to Lex Cralley of Princeton Minnesota (in this section referred to as ‘‘transferee’’), all right, title, 

and interest of the United States in and to a F3A-1 Brewster CorVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00276 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
251

sair aircraft (Bureau Number 04634). The conveyance shall be made 

by means of a deed of gift. 

(b) CONDITION OF AIRCRAFT.—The aircraft shall be conveyed 

under subsection (a) in its current unflyable, ‘‘as is’’ condition. The 

Secretary is not required to repair or alter the condition of the aircraft before conveying ownership of the aircraft. 

(c) CONVEYANCE AT NO COST TO THE UNITED STATES.—The 

conveyance of the aircraft under subsection (a) shall be made at no 

cost to the United States. Any costs associated with the conveyance 

and costs of operation and maintenance of the aircraft conveyed 

shall be borne by the transferee. 

(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with a 

conveyance under this section as the Secretary considers appropriate 

to protect the interests of the United States.

SEC.1084. TECHNICAL AND CLERICAL AMENDMENTS. 

(a) CLARIFICATION OF DEFINITION OF ‘‘OPERATIONAL RANGE’’.—

Section 101(e)(3) of title 10, United States Code, is amended by 

striking ‘‘Secretary of Defense’’ and inserting ‘‘Secretary of a military department’’. 

(b) AMENDMENTS RELATING TO DEFINITION OF CONGRESSIONAL

DEFENSE COMMITTEES.—Title 10, United States Code, is amended 

as follows: 

(1) Section 2215 is amended—

(A) by striking ‘‘(a) CERTIFICATION REQUIRED.—’’; 

(B) by striking ‘‘congressional committees specified in 

subsection (b)’’ and inserting ‘‘congressional defense committees’’; and 

(C) by striking subsection (b). 

(2) Section 2306b(g) is amended by striking ‘‘Committee on’’ 

the first place it appears and all that follows through ‘‘House 

of Representatives’’ and inserting ‘‘congressional defense committees’’. 

(3) Section 2515(d) is amended—

(A) by striking ‘‘(1)’’ before ‘‘The Secretary’’; 

(B) by striking ‘‘congressional committees specified in 

paragraph (2)’’ and inserting ‘‘congressional defense committees’’; and 

(C) by striking paragraph (2). 

(4) Section 2676(d) is amended by striking ‘‘appropriate 

committees of Congress’’ at the end of the first sentence and inserting ‘‘congressional defense committees’’. 

(c) AMENDMENTS RELATING TO CHANGE OF NAME OF GAO.—

Title 10, United States Code, is amended as follows: 

(1) Section 1084 is amended by striking ‘‘General Accounting Office’’ and inserting ‘‘Comptroller General’’. 

(2) Section 1102(d)(2) is amended by striking ‘‘General Accounting Office’’ and inserting ‘‘Comptroller General’’. 

(3) Section 2014(g) is amended by striking ‘‘General Accounting Office’’ and inserting ‘‘Government Accountability Office’’. 

(d) MISCELLANEOUS AMENDMENTS TO TITLE 10, UNITED STATES

CODE.—Title 10, United States Code, is amended as follows: 

(1) The tables of chapters at the beginning of subtitle A, 

and at the beginning of part I of subtitle A, are amended by 

252

striking ‘‘481’’ in the item relating to chapter 23 and inserting 

‘‘480’’. 

(2) Section 130a is amended—

(A) by striking ‘‘Effective October 1, 2002, the’’ in subsection (a) and inserting ‘‘The’’; 

(B) by striking ‘‘baseline number’’ in subsection (a) and 

all that follows through ‘‘means the’’ in subsection (c); 

(C) by transferring subsection (e) so as to appear before 

subsection (d) and redesignating that subsection as subsection (b); 

(D) by redesignating subsections (d) and (f) as subsection (c) and (d), respectively; and 

(E) by striking subsection (g). 

(3) Section 437(c) is amended by inserting ‘‘(50 U.S.C. 

415b)’’ after ‘‘National Security Act of 1947’’. 

(4) Section 487(d) is amended by striking ‘‘OTHER DEFINITIONS’’ and inserting ‘‘INAPPLICABILITY TO COAST GUARD’’. 

(5) Section 503(c)(1)(B) is amended by striking ‘‘education’’ 

in the second sentence and inserting ‘‘educational’’. 

(6) Section 632(c)(1) is amended—

(A) by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’; and 

(B) by striking ‘‘under that paragraph’’ and inserting 

‘‘under that subsection’’. 

(7) The item relating to section 1076b in the table of sections at the beginning of chapter 55 is amended to read as follows:

‘‘1076b. TRICARE program: coverage for members of the Ready Reserve.’’.

(8) Section 1108(e) is amended by striking ‘‘heath’’ and inserting ‘‘health’’. 

(9) Section 1406(g) is amended—

(A) by striking ‘‘section 305’’ and inserting ‘‘section 

245’’; and 

(B) by striking ‘‘Officers Act of 2002’’ and inserting ‘‘Officer Corps Act of 2002 (33 U.S.C. 3045)’’. 

(10) Sections 1448(b)(1)(F), 1448(d)(2)(B), 1448(d)(6)(A), 

and 1458(j) are amended by striking ‘‘on or after the date of the 

enactment of the National Defense Authorization Act for Fiscal 

Year 2004’’ and inserting ‘‘after November 23, 2003,’’. 

(11) Sections 1463(a)(1), 1465(c)(1)(A), 1465(c)(1)(B), 

1465(c)(4)(A), 1465(c)(4)(B), and 1466(b)(2)(D) are amended by 

striking ‘‘1413, 1413a,’’ and inserting ‘‘1413a’’. 

(12) Section 1557(b) is amended by striking ‘‘Effective October 1, 2002, final’’ and inserting ‘‘Final’’. 

(13) Section 1566 is amended—

(A) in subsection (g)(2), by striking ‘‘the date that is 6 

months after the date of the enactment of the Help America 

Vote Act of 2002’’ in the last sentence and inserting ‘‘April 

29, 2003’’; and 

(B) in subsections (h), (i)(1), and (i)(3), by striking 

‘‘Armed Forces’’ and inserting ‘‘armed forces’’. 

(14) Sections 1724(d) and 1732(d)(1) are amended by striking ‘‘its decision’’ in the second sentence and inserting ‘‘the decision of the Secretary’’. 

253

(15) Section 1761(b) is amended—

(A) in the matter preceding paragraph (1), by striking 

‘‘provide for—’’ and inserting ‘‘provide for the following:’’; 

(B) in paragraphs (1), (2), and (3), by capitalizing the 

first letter of the first word; 

(C) at the end of paragraphs (1) and (2), by striking the 

semicolon and inserting a period; 

(D) at the end of paragraph (3), by striking ‘‘; and’’ and 

inserting a period; and 

(E) by striking paragraph (4). 

(16) Section 2193b(c)(2) is amended by striking ‘‘the date of 

the enactment of this section’’ and inserting ‘‘October 5, 1999’’. 

(17) Section 2224(c) is amended in the matter preceding 

paragraph (1) by striking ‘‘subtitle II of chapter 35’’ and inserting ‘‘subchapter II of chapter 35’’. 

(18) Section 2349(d) is amended by striking ‘‘section 

2350a(i)(3)’’ and inserting ‘‘section 2350a(i)(2)’’. 

(19) Section 2350b(g) is amended—

(A) in the matter preceding paragraph (1), by inserting 

‘‘the Secretary of Defense’’ after ‘‘authorizing’’; and 

(B) in paragraph (1), by striking ‘‘the Secretary of Defense’’. 

(20) Section 2474(f)(2) is amended by striking ‘‘section 

2466(e)’’ and inserting ‘‘section 2466(d)’’. 

(21) Section 2540(b)(2) is amended by inserting ‘‘, as in effect on that date’’ before the period at the end. 

(22) Section 2662(a)(2) is amended—

(A) in the first sentence, by striking ‘‘must include a 

summarization’’ and inserting ‘‘shall include a summary’’; 

and 

(B) in the second sentence, by inserting ‘‘of paragraph 

(1)’’ after ‘‘in subparagraph (E)’’. 

(23) Section 2672a(a) is amended—

(A) in the matter preceding paragraph (1), by inserting 

‘‘in any case in which the Secretary determines’’ after ‘‘in 

land’’; 

(B) in paragraph (1), by striking ‘‘the Secretary determines’’ and inserting ‘‘the acquisition’’; and 

(C) in paragraph (2), by inserting ‘‘the acquisition’’ 

after ‘‘(2)’’. 

(24) Section 2701 is amended—

(A) in subsection (a)(2), by inserting ‘‘(42 U.S.C. 9620)’’ 

before the period at the end; 

(B) in subsection (c)(2), by striking ‘‘of CERCLA (relating to settlements)’’ and inserting ‘‘(relating to settlements) 

of CERCLA (42 U.S.C. 9622)’’; 

(C) in subsection (e), by inserting ‘‘(42 U.S.C. 9619)’’ 

after ‘‘CERCLA’’; and 

(D) in subsection (j)(2), by striking ‘‘the Comprehensive’’ 

and all the follows through ‘‘of 1980’’ and inserting 

‘‘CERCLA’’. 

(25) Section 2702 is amended by inserting ‘‘(42 U.S.C. 

9660(a)(5))’’ in the second sentence of subsection (a) before the 

period at the end. 

254

(26) Section 2703(b) is amended by striking ‘‘The terms’’ at 

the beginning of the second sentence and inserting ‘‘For purposes of the preceding sentence, the terms’’. 

(27) Section 2704 is amended by inserting ‘‘(42 U.S.C. 

9604(i))’’ in subsections (c), (e), and (f) after ‘‘CERCLA’’. 

(28) The second section 3755, added by section 543(b)(1) of 

the Bob Stump National Defense Authorization Act for Fiscal 

Year 2003 (Public Law 107–314; 116 Stat. 2549), is redesignated as section 3756, and the item relating to that section in 

the table of sections at the beginning of chapter 357 is revised 

to reflect such redesignation. 

(29) Section 4689 is amended by striking ‘‘Building’’ after 

‘‘Capitol’’. 

(30) The second section 6257, added by section 543(c)(1) of 

the Bob Stump National Defense Authorization Act for Fiscal 

Year 2003 (Public Law 107–314; 116 Stat. 2549), is redesignated as section 6258, and the item relating to that section in 

the table of sections at the beginning of chapter 567 is revised 

to reflect such redesignation. 

(31) Section 7102 is amended—

(A) by striking ‘‘AUTHORITY’’ at the beginning of subsection (a) and inserting ‘‘MASTER OF MILITARY STUDIES’’; 

(B) by striking ‘‘MARINE CORPS WAR COLLEGE’’ at the 

beginning of subsection (b) and inserting ‘‘MASTER OF

STRATEGIC STUDIES’’; 

(C) by striking ‘‘COMMAND AND STAFF COLLEGE OF THE

MARINE CORPS UNIVERSITY’’ at the beginning of subsection 

(c) and inserting ‘‘MASTER OF OPERATIONAL STUDIES’’; and 

(D) by striking ‘‘subsections (a) and (b)’’ in subsection 

(d) and inserting ‘‘subsections (a), (b), and (c)’’. 

(32) Section 8084 is amended by striking ‘‘capabilty’’ and 

inserting ‘‘capability’’. 

(33) The second section 8755, added by section 543(d)(1) of 

the Bob Stump National Defense Authorization Act for Fiscal 

Year 2003 (Public Law 107–314; 116 Stat. 2550), is redesignated as section 8756, and the item relating to that section in 

the table of sections at the beginning of chapter 857 is revised 

to reflect such redesignation. 

(34) The table in section 12012(a) is amended by inserting 

a colon after ‘‘Air National Guard’’. 

(e) TITLE 37, UNITED STATES CODE.—Title 37, United States 

Code, is amended as follows: 

(1) Section 301a(b)(4) is amended by striking ‘‘section 

301(a)(11)’’ and inserting ‘‘section 301(a)(13)’’. 

(2) Section 323(h) is amended by striking ‘‘Secretary of 

Transportation’’ and inserting ‘‘Secretary of Homeland Security’’. 

(f) PUBLIC LAW 108–136.—Effective as of November 24, 2003, 

and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136) is amended 

as follows: 

(1) Sections 832(a) and 834(a) (117 Stat. 1550) are each 

amended by striking ‘‘such title’’ and inserting ‘‘title 10, United 

States Code,’’. 

255

(2) Section 931(a)(1) (117 Stat. 1580) is amended by striking ‘‘and donations’’ in the first quoted matter and inserting ‘‘or 

donations’’. 

(3) Section 2204(b) (117 Stat. 1706) is amended by striking 

‘‘section 2101(a)’’ each place it appears and inserting ‘‘section 

2201(a)’’. 

(g) PUBLIC LAW 107–314.—Effective as of December 2, 2002, 

and as if included therein as enacted, section 1064(a)(2) of the Bob 

Stump National Defense Authorization Act for Fiscal Year 2003 

(Public Law 107–314; 116 Stat. 2654) is amended by inserting ‘‘the 

item relating to’’ after ‘‘is amended by inserting after’’. 

(h) PUBLIC LAW 107–107.—Effective as of December 28, 2001, 

and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107) is amended 

as follows: 

(1) Section 824(a)(1)(C) (115 Stat. 1183) is amended by 

striking ‘‘(3)(A)’’ and inserting ‘‘(3)(B)’’. 

(2) Section 1048(e)(4) (115 Stat. 1227) is amended by striking ‘‘Subsection’’ and inserting ‘‘Section’’. 

(3) Section 1111(c) (115 Stat. 1238) is amended by striking 

‘‘This provision’’ and inserting ‘‘Section 5949 of title 5, United 

States Code, as added by subsection (a),’’. 

(i) PUBLIC LAW 101–510.—Section 2902(e)(2)(B) of the Defense 

Base Closure and Realignment Act of 1990 (part A of title XXIX of 

Public Law 101–510; 10 U.S.C. 2687 note) is amended—

(1) in clause (i), by striking ‘‘Subcommittee on Readiness, 

Sustainability, and Support’’ and inserting ‘‘Subcommittee on 

Readiness and Management Support’’; and 

(2) in clause (ii), by striking ‘‘Subcommittee on Military Installations and Facilities’’ and inserting ‘‘Subcommittee on 

Readiness’’. 

(j) NATIONAL SECURITY ACT OF 1947.—Sections 

702(a)(6)(B)(iv)(I), 703(a)(6)(B)(iv)(I), and 704(f)(2)(D)(i) of the National Security Act of 1947 are amended by striking ‘‘responsible 

records’’ and inserting ‘‘responsive records’’. 

(k) CODIFICATION RELATING TO LEAVE FOR ATTENDANCE AT

CERTAIN HEARINGS.—Subsection (b) of section 363 of the Personal 

Responsibility and Work Opportunity Reconciliation Act of 1996 (10 

U.S.C. 704 note) is—

(1) transferred to section 704 of title 10, United States 

Code; 

(2) inserted at the end of that section; 

(3) redesignated as subsection (c); and 

(4) amended—

(A) by striking ‘‘Armed Forces’’ each place it appears 

and inserting ‘‘armed forces’’; 

(B) in paragraph (1)—

(i) by striking ‘‘Secretary of each’’ and all that follows through ‘‘in the Navy,’’ and inserting ‘‘Secretary 

concerned’’; and 

(ii) by striking ‘‘(as defined in section 101 of title 

10, United States Code)’’; and 

(C) in paragraph (3)—

(i) by striking ‘‘For purposes of this subsection—’’ 

and inserting ‘‘In this subsection:’’; 

256

(ii) in subparagraph (A), by striking ‘‘title 10, 

United States Code’’ and inserting ‘‘this title’’; and 

(iii) in subparagraph (B), by striking ‘‘such term’’ 

and inserting ‘‘that term’’.

SEC. 1085. PRESERVATION OF SEARCH AND RESCUE CAPABILITIES OF 

THE FEDERAL GOVERNMENT. 

The Secretary of Defense may not reduce or eliminate search 

and rescue capabilities at any military installation in the United 

States unless the Secretary first certifies to the Committees on 

Armed Services of the Senate and the House of Representatives that 

equivalent search and rescue capabilities will be provided, without 

interruption and consistent with the policies and objectives set forth 

in the United States National Search and Rescue Plan entered into 

force on January 1, 1999, by—

(1) the Department of Interior, the Department of Commerce, the Department of Homeland Security, the Department 

of Transportation, the Federal Communications Commission, or 

the National Aeronautics and Space Administration; or 

(2) the Department of Defense, either directly or through a 

Department of Defense contract with an emergency medical 

service provider or other private entity to provide such capabilities. 

SEC. 1086. ACQUISITION OF AERIAL FIREFIGHTING EQUIPMENT FOR 

NATIONAL INTERAGENCY FIRE CENTER. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The National Interagency Fire Center does not possess 

an adequate number of aircraft for use in aerial firefighting, 

and personnel at the Center rely on military aircraft to provide 

such firefighting services. 

(2) It is in the national security interest of the United 

States for the National Interagency Fire Center to acquire aircraft for use in aerial firefighting so that the military aircraft 

made available for aerial firefighting will instead be available 

for use by the Armed Forces. 

(b) AUTHORITY TO PURCHASE AERIAL FIREFIGHTING EQUIP- MENT.—(1) The Secretary of Agriculture is authorized to purchase 

10 aircraft, as described in paragraph (2), for the National Interagency Fire Center for use in aerial firefighting. 

(2) The aircraft referred to in paragraph (1) shall be aircraft 

that are—

(A) specifically designed and built for aerial firefighting; 

(B) certified by the Chief of the Forest Service as suited for 

conditions commonly experienced in aerial firefighting operations carried out in the United States, including Alaska; and 

(C) manufactured in a manner that is consistent with the 

recommendations for aircraft used in aerial firefighting contained in—

(i) the Blue Ribbon Panel Report to the Chief of the 

Forest Service and the Director of the Bureau of Land Management dated December 2002; and 

(ii) the Safety Recommendation of the Chairman of the 

National Transportation Safety Board related to aircraft 

used in aerial firefighting dated April 23, 2004. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary of Agriculture for fiscal year 2005 

257

such funds as may be necessary to purchase the 10 aircraft described in subsection (b).

SEC. 1087. REVISION TO REQUIREMENTS FOR RECOGNITION OF INSTITUTIONS OF HIGHER EDUCATION AS HISPANIC-SERVING 

INSTITUTIONS FOR PURPOSES OF CERTAIN GRANTS AND 

CONTRACTS. 

Section 502(a)(5)(C) of the Higher Education Act of 1965 (20 

U.S.C. 1101a(a)(5)(C)) is amended by inserting before the period the 

following: ‘‘, which assurances—

‘‘(i) may employ statistical extrapolation using appropriate data from the Bureau of the Census or other 

appropriate Federal or State sources; and 

‘‘(ii) the Secretary shall consider as meeting the requirements of this subparagraph, unless the Secretary 

determines, based on a preponderance of the evidence, 

that the assurances do not meet the requirements’’.

SEC. 1088. MILITARY EXTRATERRITORIAL JURISDICTION OVER CONTRACTORS SUPPORTING DEFENSE MISSIONS OVERSEAS. 

Section 3267(1)(A) of title 18, United States Code, is amended 

to read as follows: 

‘‘(A) employed as—

‘‘(i) a civilian employee of—

‘‘(I) the Department of Defense (including a 

nonappropriated fund instrumentality of the Department); or 

‘‘(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department 

of Defense overseas; 

‘‘(ii) a contractor (including a subcontractor at any 

tier) of—

‘‘(I) the Department of Defense (including a 

nonappropriated fund instrumentality of the Department); or 

‘‘(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department 

of Defense overseas; or 

‘‘(iii) an employee of a contractor (or subcontractor 

at any tier) of—

‘‘(I) the Department of Defense (including a 

nonappropriated fund instrumentality of the Department); or 

‘‘(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department 

of Defense overseas;’’.

SEC. 1089. DEFINITION OF UNITED STATES FOR PURPOSES OF FEDERAL CRIME OF TORTURE. 

Section 2340(3) of title 18, United States Code, is amended to 

read as follows: 

‘‘(3) ‘United States’ means the several States of the United 

States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.’’.

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SEC. 1090. ENERGY SAVINGS PERFORMANCE CONTRACTS. 

(a) IN GENERAL.—Section 801(c) of the National Energy Conservation Policy Act (42 U.S.C. 8287(c)) is amended by striking 

‘‘2003’’ and inserting ‘‘2006’’. 

(b) PAYMENT OF COSTS.—Section 802 of the National Energy 

Conservation Policy Act (42 U.S.C. 8287a) is amended by inserting 

‘‘, water, or wastewater treatment’’ after ‘‘payment of energy’’. 

(c) ENERGY SAVINGS.—Section 804(2) of the National Energy 

Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as 

follows: 

‘‘(2) The term ‘energy savings’ means a reduction in the cost 

of energy, water, or wastewater treatment, from a base cost established through a methodology set forth in the contract, used 

in an existing federally owned building or buildings or other 

federally owned facilities as a result of—

‘‘(A) the lease or purchase of operating equipment, improvements, altered operation and maintenance, or technical services; 

‘‘(B) the increased efficient use of existing energy 

sources by cogeneration or heat recovery, excluding any cogeneration process for other than a federally owned building or buildings or other federally owned facilities; or 

‘‘(C) the increased efficient use of existing water sources 

in either interior or exterior applications.’’. 

(d) ENERGY SAVINGS CONTRACT.—Section 804(3) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(3)) is 

amended to read as follows: 

‘‘(3) The terms ‘energy savings contract’ and ‘energy savings 

performance contract’ mean a contract that provides for the performance of services for the design, acquisition, installation, 

testing, and, where appropriate, operation, maintenance, and 

repair, of an identified energy or water conservation measure or 

series of measures at 1 or more locations. Such contracts shall, 

with respect to an agency facility that is a public building (as 

such term is defined in section 3301 of title 40, United States 

Code), be in compliance with the prospectus requirements and 

procedures of section 3307 of title 40, United States Code.’’. 

(e) ENERGY OR WATER CONSERVATION MEASURE.—Section 

804(4) of the National Energy Conservation Policy Act (42 U.S.C. 

8287c(4)) is amended to read as follows: 

‘‘(4) The term ‘energy or water conservation measure’ 

means—

‘‘(A) an energy conservation measure, as defined in section 551; or 

‘‘(B) a water conservation measure that improves the efficiency of water use, is life-cycle cost-effective, and involves 

water conservation, water recycling or reuse, more efficient 

treatment of wastewater or stormwater, improvements in 

operation or maintenance efficiencies, retrofit activities, or 

other related activities, not at a Federal hydroelectric facility.’’. 

(f) REVIEW.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall complete a review of 

the Energy Savings Performance Contract program to identify statutory, regulatory, and administrative obstacles that prevent Federal 

259

agencies from fully utilizing the program. In addition, this review 

shall identify all areas for increasing program flexibility and effectiveness, including audit and measurement verification requirements, accounting for energy use in determining savings, contracting requirements, including the identification of additional 

qualified contractors, and energy efficiency services covered. The 

Secretary shall report these findings to Congress and shall implement identified administrative and regulatory changes to increase 

program flexibility and effectiveness to the extent that such changes 

are consistent with statutory authority. 

(g) EXTENSION OF AUTHORITY.—Any energy savings performance contract entered into under section 801 of the National Energy 

Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003, and 

before the date of enactment of this Act, shall be deemed to have 

been entered into pursuant to such section 801 as amended by subsection (a) of this section.

SEC. 1091. SENSE OF CONGRESS AND POLICY CONCERNING PERSONS 

DETAINED BY THE UNITED STATES. 

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

(1) the abuses inflicted upon detainees at the Abu Ghraib 

prison in Baghdad, Iraq, are inconsistent with the professionalism, dedication, standards, and training required of individuals who serve in the United States Armed Forces; 

(2) the vast majority of members of the Armed Forces have 

upheld the highest possible standards of professionalism and 

morality in the face of illegal tactics and terrorist attacks and 

attempts on their lives; 

(3) the abuse of persons in United States custody in Iraq 

is appropriately condemned and deplored by the American people; 

(4) the Armed Forces are moving swiftly and decisively to 

identify, try, and, if found guilty, punish persons who perpetrated such abuse; 

(5) the Department of Defense and appropriate military authorities must continue to undertake corrective action, as appropriate, to address chain-of-command deficiencies and the systemic deficiencies identified in the incidents in question; 

(6) the Constitution, laws, and treaties of the United States 

and the applicable guidance and regulations of the United 

States Government prohibit the torture or cruel, inhuman, or 

degrading treatment of foreign prisoners held in custody by the 

United States; 

(7) the alleged crimes of a handful of individuals should 

not detract from the commendable sacrifices of over 300,000 

members of the Armed Forces who have served, or who are serving, in Operation Iraqi Freedom; and

(8) no detainee shall be subject to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited 

by the Constitution, laws, or treaties of the United States. 

(b) POLICY.—It is the policy of the United States to—

(1) ensure that no detainee shall be subject to torture or 

cruel, inhuman, or degrading treatment or punishment that is 

prohibited by the Constitution, laws, or treaties of the United 

States; 

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(2) investigate and prosecute, as appropriate, all alleged instances of unlawful treatment of detainees in a manner consistent with the international obligations, laws, or policies of 

the United States; 

(3) ensure that all personnel of the United States Government understand their obligations in both wartime and peacetime to comply with the legal prohibitions against torture, cruel, 

inhuman, or degrading treatment of detainees in the custody of 

the United States; 

(4) ensure that, in a case in which there is doubt as to 

whether a detainee is entitled to prisoner of war status under 

the Geneva Conventions, such detainee receives the protections 

accorded to prisoners of war until the detainee’s status is determined by a competent tribunal; and 

(5) expeditiously process and, if appropriate, prosecute detainees in the custody of the United States, including those in 

the custody of the United States Armed Forces at Guantanamo 

Bay, Cuba. 

(c) DETAINEES.—For purposes of this section, the term ‘‘detainee’’ means a person in the custody or under the physical control 

of the United States as a result of armed conflict. 

SEC. 1092. ACTIONS TO PREVENT THE ABUSE OF DETAINEES. 

(a) POLICIES REQUIRED.—The Secretary of Defense shall ensure 

that policies are prescribed not later than 150 days after the date 

of the enactment of this Act regarding procedures for Department of 

Defense personnel and contractor personnel of the Department of 

Defense intended to ensure that members of the Armed Forces, and 

all persons acting on behalf of the Armed Forces or within facilities 

of the Armed Forces, treat persons detained by the United States 

Government in a humane manner consistent with the international 

obligations and laws of the United States and the policies set forth 

in section 1091(b). 

(b) MATTERS TO BE INCLUDED.—In order to achieve the objective stated in subsection (a), the policies under that subsection shall 

specify, at a minimum, procedures for the following: 

(1) Ensuring that each commander of a Department of Defense detention facility or interrogation facility—

(A) provides all assigned personnel with training, and 

documented acknowledgment of receiving training, regarding the law of war, including the Geneva Conventions; and 

(B) establishes standard operating procedures for the 

treatment of detainees. 

(2) Ensuring that each Department of Defense contract in 

which contract personnel in the course of their duties interact 

with individuals detained by the Department of Defense on behalf of the United States Government include a requirement 

that such contract personnel have received training, and documented acknowledgment of receiving training, regarding the 

international obligations and laws of the United States applicable to the detention of personnel. 

(3) Providing all detainees with information, in their own 

language, of the applicable protections afforded under the Geneva Conventions. 

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(4) Conducting periodic unannounced and announced inspections of detention facilities in order to provide continued 

oversight of interrogation and detention operations. 

(5) Ensuring that, to the maximum extent practicable, detainees and detention facility personnel of a different gender are 

not alone together. 

(c) SECRETARY OF DEFENSE CERTIFICATION.—The Secretary of 

Defense shall certify that all Federal employees and civilian contractors engaged in the handling or interrogation of individuals detained by the Department of Defense on behalf of the United States 

Government have fulfilled an annual training requirement on the 

law of war, the Geneva Conventions, and the obligations of the 

United States under international law. 

SEC. 1093. REPORTING REQUIREMENTS. 

(a) TRANSMISSION OF REGULATIONS, ETC.—Not later than 30 

days after the date on which regulations, policies, and orders are 

first prescribed under section 1092(a), the Secretary of Defense shall 

transmit to the Committee on Armed Services of the Senate and the 

Committee on Armed Services of the House of Representatives copies 

of such regulations, policies, or orders, together with a report on 

steps taken to the date of the report to implement section 1092. 

(b) ONE-YEAR IMPLEMENTATION REPORT.—Not later than one 

year after the date on which regulations, policies, and orders are 

first prescribed under section 1092(a), the Secretary shall submit to 

such committees a report on further steps taken to implement section 1092 to the date of such report. 

(c) ANNUAL REPORT.—Nine months after the date of the enactment of this Act and annually thereafter, the Secretary shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

for the preceding 12-months containing the following: 

(1) Notice of any investigation into any violation of international obligations or laws of the United States regarding the 

treatment of individuals detained by the United States Armed 

Forces or by a person providing services to the Department of 

Defense on a contractual basis, if the notice will not compromise any ongoing criminal or administrative investigation 

or prosecution. 

(2) General information on the foreign national detainees in 

the custody of the Department of Defense during the 12-month 

period covered by the report, including the following: 

(A) The best estimate of the Secretary of Defense of the 

total number of detainees in the custody of the Department 

as of the date of the report. 

(B) The best estimate of the Secretary of Defense of the 

total number of detainees released from the custody of the 

Department during the period covered by the report. 

(C) An aggregate summary of the number of persons 

detained as enemy prisoners of war, civilian internees, and 

unlawful combatants, including information regarding the 

average length of detention for persons in each category. 

(D) An aggregate summary of the nationality of persons 

detained. 

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(E) Aggregate information as to the transfer of detainees to the jurisdiction of other countries, and the countries 

to which transferred. 

(d) CLASSIFICATION OF REPORTS.—Reports submitted under this 

section shall be submitted, to the extent practicable, in unclassified 

form, but may include a classified annex as necessary to protect the 

national security of the United States. 

(e) TERMINATION.—The requirements of this section shall cease 

to be in effect on December 31, 2007.

SEC. 1094. FINDINGS AND SENSE OF CONGRESS CONCERNING ARMY 

SPECIALIST JOSEPH DARBY. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The need to act in accord with one’s conscience, risking 

one’s career and even the esteem of one’s colleagues by pursuing 

what is right is especially important today. 

(2) While the Department of Defense investigates the horrific abuses in American detention facilities in Iraq, the Nation 

should bear in mind that the abuses were only brought to light 

because of the courage of an American soldier. 

(3) By alerting his superiors to abuses at Abu Ghraib prison in Iraq, Army Specialist Joseph Darby demonstrated the 

courage to speak out and do what is right for his country. 

(4) Such an action is especially important in light of the 

many challenges facing the country. 

(5) Specialist Darby deserves the Nation’s thanks for speaking up and for standing up for what is right. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the Secretary of Defense should make every protection 

available to Army Specialist Joseph Darby and others who 

demonstrate such courage; and 

(2) Specialist Darby should be commended appropriately by 

the Secretary of the Army.

TITLE XI—CIVILIAN PERSONNEL MATTERS

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

Sec. 1102. Foreign language proficiency pay. 

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

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

Sec. 1105. Science, mathematics, and research for transformation (SMART) defense 

scholarship pilot program. 

Sec. 1106. Report on how to recruit and retain individuals with foreign language 

skills. 

Sec. 1107. Plan on implementation and utilization of flexible personnel management 

authorities in Department of Defense laboratories.

SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PREMIUMS FOR MOBILIZED FEDERAL EMPLOYEES. 

(a) AUTHORITY TO CONTINUE BENEFIT COVERAGE.—Section 

8905a of title 5, United States Code is amended—

(1) in subsection (a), by striking ‘‘paragraph (1) or (2) of’’; 

(2) in subsection (b)—

(A) in paragraph (1)(B), by striking ‘‘and’’ at the end; 

(B) in paragraph (2)(C), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

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‘‘(3) any employee who—

‘‘(A) is enrolled in a health benefits plan under this 

chapter; 

‘‘(B) is a member of a reserve component of the armed 

forces; 

‘‘(C) is called or ordered to active duty in support of a 

contingency operation (as defined in section 101(a)(13) of 

title 10); 

‘‘(D) is placed on leave without pay or separated from 

service to perform active duty; and 

‘‘(E) serves on active duty for a period of more than 30 

consecutive days.’’; and 

(4) in subsection (e)(1)—

(A) in subparagraph (A), by striking ‘‘or’’ at the end; 

(B) in subparagraph (B), by striking the period at the 

end and inserting ‘‘; or’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(C) in the case of an employee described in subsection 

(b)(3), the date which is 24 months after the employee is 

placed on leave without pay or separated from service to 

perform active duty.’’. 

(b) AUTHORITY FOR AGENCIES TO PAY PREMIUMS.—Subparagraph (C) of section 8906(e)(3) of such title is amended by striking 

‘‘18 months’’ and inserting ‘‘24 months’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to Federal employees called or ordered to 

active duty on or after September 14, 2001.

SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY. 

(a) ELIGIBILITY FOR SERVICE NOT RELATED TO CONTINGENCY

OPERATIONS.—Section 1596a(a)(2) of title 10, United States Code, is 

amended by striking ‘‘during a contingency operation supported by 

the armed forces’’. 

(b) EFFECTIVE DATE.—The amendment by this section shall 

take effect on the first day of the first month that begins after the 

date of the enactment of this Act.

SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY FOR CIVILIAN 

INTELLIGENCE PERSONNEL. 

(a) PAY RATES.—Section 1602 of title 10, United States Code, 

is amended—

(1) in subsection (a), by striking ‘‘in relation to the rates of 

pay provided in subpart D of part III of title 5 for positions subject to that subpart which have corresponding levels of duties 

and responsibilities’’ and inserting ‘‘in relation to the rates of 

pay provided for comparable positions in the Department of Defense and subject to the same limitations on maximum rates of 

pay established for employees of the Department of Defense by 

law or regulation’’; 

(2) by striking subsection (b); and 

(3) by redesignating subsection (c) as subsection (b). 

(b) PERFORMANCE APPRAISAL SYSTEM.—Section 1606 of such 

title is amended by adding at the end the following new subsection: 

‘‘(d) PERFORMANCE APPRAISALS.—(1) The Defense Intelligence 

Senior Executive Service shall be subject to a performance appraisal 

264

system which, as designed and applied, is certified by the Secretary 

of Defense under section 5307 of title 5 as making meaningful distinctions based on relative performance. 

‘‘(2) The performance appraisal system applicable to the Defense 

Intelligence Senior Executive Service under paragraph (1) may be 

the same performance appraisal system that is established and implemented within the Department of Defense for members of the 

Senior Executive Service.’’.

SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN DEFENSE NONAPPROPRIATED FUND INSTRUMENTALITIES. 

(a) AUTHORITY.—Chapter 81 of title 10, United States Code, is 

amended by inserting after section 1587 the following new section: 

‘‘§ 1587a. Employees of nonappropriated fund instrumentalities: senior executive pay levels 

‘‘(a) AUTHORITY.—To achieve the objective stated in subsection 

(b), the Secretary of Defense may regulate the amount of total compensation that is provided for senior executives of nonappropriated 

fund instrumentalities who, for the fixing of pay by administrative 

action, are under the jurisdiction of the Secretary of Defense or the 

Secretary of a military department. 

‘‘(b) PAY PARITY.—The objective of an action taken with respect 

to the compensation of senior executives under subsection (a) is to 

provide for parity between the total compensation provided for such 

senior executives and total compensation that is provided for Department of Defense employees in Senior Executive Service positions 

or other senior executive positions. 

‘‘(c) STANDARDS OF COMPARABILITY.—Subject to subsection (d), 

the Secretary of Defense shall prescribe the standards of comparison 

that are to apply in the making of the determinations necessary to 

achieve the objective stated in subsection (b). 

‘‘(d) ESTABLISHMENT OF PAY RATES.—The Secretary of Defense 

shall apply subsections (a) and (b) of section 5382 of title 5 in the 

regulation of compensation under this section. 

‘‘(e) RELATIONSHIP TO PAY LIMITATION.—The Secretary of Defense may exercise the authority provided in subsection (a) without 

regard to section 5373 of title 5. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘compensation’ includes rate of basic pay. 

‘‘(2) The term ‘Senior Executive Service position’ has the 

meaning given such term in section 3132 of title 5.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1587 the following new item:

‘‘1587a. Employees of nonappropriated fund instrumentalities: senior executive pay 

levels.’’.

SEC. 1105. SCIENCE, MATHEMATICS, AND RESEARCH FOR TRANSFORMATION (SMART) DEFENSE SCHOLARSHIP PILOT PROGRAM. 

(a) REQUIREMENT FOR PROGRAM.—(1) The Secretary of Defense 

shall carry out a pilot program to provide financial assistance for 

education in science, mathematics, engineering, and technology 

skills and disciplines that, as determined by the Secretary, are critical to the national security functions of the Department of Defense 

and are needed in the Department of Defense workforce. 

265

(2) The pilot program under this section shall be carried out for 

three years beginning on the date of the enactment of this Act. 

(b) SCHOLARSHIPS.—(1) Under the pilot program, the Secretary 

of Defense may award a scholarship in accordance with this section 

to a person who—

(A) is a citizen of the United States; 

(B) is pursuing an undergraduate or advanced degree in a 

critical skill or discipline described in subsection (a) at an institution of higher education; and 

(C) enters into a service agreement with the Secretary of Defense as described in subsection (c). 

(2) The amount of the financial assistance provided under a 

scholarship awarded to a person under this subsection shall be the 

amount determined by the Secretary of Defense as being necessary 

to pay all educational expenses incurred by that person, including 

tuition, fees, cost of books, laboratory expenses, and expenses of 

room and board. The expenses paid, however, shall be limited to 

those educational expenses normally incurred by students at the institution of higher education involved. 

(c) SERVICE AGREEMENT FOR RECIPIENTS OF ASSISTANCE.—(1) 

To receive financial assistance under this section—

(A) in the case of an employee of the Department of Defense, 

the employee shall enter into a written agreement to continue in 

the employment of the department for the period of obligated 

service determined under paragraph (2); and 

(B) in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement 

to accept and continue employment in the Department of Defense for the period of obligated service determined under paragraph (2). 

(2) For the purposes of this subsection, the period of obligated 

service for a recipient of a scholarship under this section shall be 

the period determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for the financial assistance provided under the scholarship. In no event may the period 

of service required of a recipient be less than the total period of pursuit of a degree that is covered by the scholarship. The period of obligated service is in addition to any other period for which the recipient is obligated to serve in the civil service of the United States. 

(3) An agreement entered into under this subsection by a person 

pursuing an academic degree shall include any terms and conditions that the Secretary of Defense determines necessary to protect 

the interests of the United States or otherwise appropriate for carrying out this section. 

(d) REFUND FOR PERIOD OF UNSERVED OBLIGATED SERVICE.—

(1) A person who voluntarily terminates service before the end of the 

period of obligated service required under an agreement entered into 

under subsection (c) shall refund to the United States an amount 

determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for financial assistance. 

(2) An obligation to reimburse the United States imposed under 

paragraph (1) is for all purposes a debt owed to the United States. 

(3) The Secretary of Defense may waive, in whole or in part, a 

refund required under paragraph (1) if the Secretary determines 

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that recovery would be against equity and good conscience or would 

be contrary to the best interests of the United States. 

(4) A discharge in bankruptcy under title 11, United States 

Code, that is entered less than five years after the termination of an 

agreement under this section does not discharge the person signing 

such agreement from a debt arising under such agreement or under 

this subsection. 

(e) RELATIONSHIP TO OTHER PROGRAMS.—The pilot program 

under this section is in addition to the authorities provided in chapter 111 of title 10, United States Code. The Secretary of Defense 

shall coordinate the provision of financial assistance under the authority of this section with the provision of financial assistance 

under the authorities provided in such chapter in order to maximize 

the benefits derived by the Department of Defense from the exercise 

of all such authorities. 

(f) RECOMMENDATION ON PILOT PROGRAM.—Not later than February 1, 2007, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Governmental Affairs of the Senate, and the 

Committee on Government Reform of the House of Representatives 

a plan for expanding and improving the national defense science 

and engineering workforce educational assistance pilot program carried out under this section as appropriate to improve recruitment 

and retention to meet the requirements of the Department of Defense 

for its science and engineering workforce on a short-term basis and 

on a long-term basis.

(g) CRITICAL HIRING NEED.—Section 3304(a)(3) of title 5, 

United States Code, is amended by striking subparagraph (B) and 

inserting the following: 

‘‘(B)(i) the Office of Personnel Management has determined that there exists a severe shortage of candidates or 

there is a critical hiring need; or 

‘‘(ii) the candidate is a participant in the Science, 

Mathematics, and Research for Transformation (SMART) 

Defense Scholarship Pilot Program under section 1105 of 

the Ronald W. Reagan National Defense Authorization Act 

for Fiscal Year 2005.’’. 

(h) INSTITUTION OF HIGHER EDUCATION DEFINED.—In this section, the term ‘‘institution of higher education’’ has the meaning 

given such term in section 101 of the Higher Education Act of 1965 

(21 U.S.C. 1001).

SEC. 1106. REPORT ON HOW TO RECRUIT AND RETAIN INDIVIDUALS 

WITH FOREIGN LANGUAGE SKILLS. 

Not later than March 31, 2005, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate and the 

House of Representatives and the Select Committee on Intelligence 

of the Senate and the Permanent Select Committee on Intelligence 

of the House of Representatives, a plan for expanding and improving the national security foreign language workforce of the Department of Defense as appropriate to improve recruitment and retention to meet the requirements of the Department for its foreign language workforce on a short-term basis and on a long-term basis.

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SEC. 1107. PLAN ON IMPLEMENTATION AND UTILIZATION OF FLEXIBLE PERSONNEL MANAGEMENT AUTHORITIES IN DEPARTMENT OF DEFENSE LABORATORIES. 

(a) PLAN REQUIRED.—The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Under Secretary of Defense for Personnel and Readiness shall jointly develop a plan for 

the effective utilization of the personnel management authorities referred to in subsection (b) in order to increase the mission responsiveness, efficiency, and effectiveness of Department of Defense laboratories. 

(b) COVERED AUTHORITIES.—The personnel management authorities referred to in this subsection are the personnel management authorities granted to the Secretary of Defense by the provisions of law as follows: 

(1) Section 342(b) of the National Defense Authorization 

Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), 

as amended by section 1114 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–315)). 

(2) Section 1101 of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 5 

U.S.C. 3104 note). 

(3) Section 9902(c) of title 5, United States Code. 

(4) Such other provisions of law as the Under Secretaries 

jointly consider appropriate for purposes of this section. 

(c) PLAN ELEMENTS.—The plan under subsection (a) shall—

(1) include such elements as the Under Secretaries jointly 

consider appropriate to provide for the effective utilization of 

the personnel management authorities referred to in subsection 

(b) as described in subsection (a), including the recommendations of the Under Secretaries for such additional authorities, 

including authorities for demonstration programs or projects, 

as are necessary to achieve the effective utilization of such personnel management authorities; and 

(2) include procedures, including a schedule for review and 

decisions, on proposals to modify current demonstration programs or projects, or to initiate new demonstration programs or 

projects, on flexible personnel management at Department laboratories 

(d) SUBMITTAL TO CONGRESS.—The Under Secretaries shall 

jointly submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives the plan under subsection (a) not later than December 1, 2005.

TITLE XII—MATTERS RELATING TO OTHER NATIONS

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

Terrorism 

Sec. 1201. Commanders’ Emergency Response Program. 

Sec. 1202. Assistance to Iraq and Afghanistan military and security forces. 

Sec. 1203. Redesignation and modification of authorities relating to Inspector General of the Coalition Provisional Authority. 

Sec. 1204. Presidential report on strategy for stabilization of Iraq. 

Sec. 1205. Guidance on contractors supporting deployed forces in Iraq. 

Sec. 1206. Report on contractors supporting deployed forces and reconstruction efforts in Iraq. 

Sec. 1207. United Nations Oil-for-Food Program. 

Sec. 1208. Support of military operations to combat terrorism. 

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Subtitle B—Counterproliferation Matters 

Sec. 1211. Defense international counterproliferation programs. 

Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic missiles. 

Sec. 1213. Sense of Congress on the global partnership against the spread of weapons of mass destruction. 

Sec. 1214. Report on collaborative measures to reduce the risks of a launch of Russian nuclear weapons. 

Subtitle C—Other Matters 

Sec. 1221. Authority for humanitarian assistance for the detection and clearance of 

landmines extended to include other explosive remnants of war. 

Sec. 1222. Expansion of entities of the People’s Republic of China subject to certain 

presidential authorities when operating in the United States. 

Sec. 1223. Assignment of NATO naval personnel to submarine safety programs. 

Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members. 

Sec. 1225. Bilateral exchanges and trade in defense articles and defense services between the United States and the United Kingdom and Australia. 

Sec. 1226. Study on missile defense cooperation.

Subtitle A—Matters Relating to Iraq, Afghanistan, and 

Global War on Terrorism

SEC. 1201. COMMANDERS’ EMERGENCY RESPONSE PROGRAM. 

(a) FISCAL YEAR 2005 AUTHORITY.—During fiscal year 2005, 

from funds made available to the Department of Defense for operation and maintenance pursuant to title XV, not to exceed 

$300,000,000 may be used to provide funds—

(1) for the Commanders’ Emergency Response Program, 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 requirements within their areas of responsibility 

by carrying out programs that will immediately assist the Iraqi 

people; and 

(2) for a similar program to assist the people of Afghanistan. 

(b) QUARTERLY REPORTS.—Not later than 15 days after the end 

of each fiscal-year quarter (beginning with the first quarter of fiscal 

year 2005), the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds 

and the allocation and use of funds during that quarter that were 

made available pursuant to the authority provided in this section 

or under any other provision of law for the purposes stated in subsection (a). 

(c) WAIVER AUTHORITY.—For purposes of the exercise of the authority provided by this section or any other provision of law making funding available for the Commanders’ Emergency Response 

Program referred to in subsection (a) (including a program referred 

to in paragraph (2) of that subsection), the Secretary may waive any 

provision of law not contained in this section that would (but for 

the waiver) prohibit, restrict, limit, or otherwise constrain the exercise of that authority. 

(d) REVIEW OF LAWS.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives a report identifying 

all provisions of law that (if not waived) would prohibit, restrict, 

limit, or otherwise constrain the exercise of the authority provided 

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in this section or any other provision of law using funds available 

for the purposes stated in subsection (a).

SEC. 1202. ASSISTANCE TO IRAQ AND AFGHANISTAN MILITARY AND SECURITY FORCES. 

(a) AUTHORITY.—The Secretary of Defense may provide assistance under this section to Iraq and Afghanistan military and security forces. Such assistance shall be provided, subject to the provisions of this section, solely to enhance the ability of such forces to 

combat terrorism and support United States or coalition military 

operations in Iraq and Afghanistan, respectively. 

(b) TYPE OF ASSISTANCE.—Assistance provided under subsection (a) may include equipment, supplies, services, and training. 

(c) LIMITATIONS.—Assistance under this section or under any 

other provision of law for the purpose described in subsection (a) 

may be provided only from funds available to the Department of Defense for fiscal year 2005 for operation and maintenance under title 

XV. The total amount of such assistance may not exceed 

$500,000,000. 

(d) CONGRESSIONAL NOTIFICATION.—Before any provision of assistance under this section or any other provision of law for the purpose described in subsection (a), the Secretary of Defense shall submit to the congressional defense committees a notification of the assistance proposed to be provided. Any such notification shall be submitted not less than 15 days before the provision of such assistance. 

(e) MILITARY AND SECURITY FORCES DEFINED.—For purposes of 

this section, the term ‘‘military and security forces’’ means national 

armies, national guard forces, border security forces, civil defense 

forces, infrastructure protection forces, and police.

SEC. 1203. REDESIGNATION AND MODIFICATION OF AUTHORITIES RELATING TO INSPECTOR GENERAL OF THE COALITION 

PROVISIONAL AUTHORITY. 

(a) REDESIGNATION.—(1) Subsections (b) and (c)(1) of section 

3001 of the Emergency Supplemental Appropriations Act for Defense 

and for the Reconstruction of Iraq and Afghanistan, 2004 (Public 

Law 108–106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note) are 

each amended by striking ‘‘Office of the Inspector General of the Coalition Provisional Authority’’ and inserting ‘‘Office of the Special 

Inspector General for Iraq Reconstruction’’. 

(2) Subsection (c)(1) of such section is further amended by striking ‘‘Inspector General of the Coalition Provisional Authority’’ and 

inserting ‘‘Special Inspector General for Iraq Reconstruction (in this 

section referred to as the ‘Inspector General’)’’. 

(3)(A) The heading of such section is amended to read as follows:

‘‘SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.’’. 

(B) The heading of title III of such Act is amended to read as 

follows: 

‘‘TITLE III—SPECIAL INSPECTOR GENERAL FOR IRAQ 

RECONSTRUCTION’’. 

(b) CONTINUATION IN OFFICE.—The individual serving as the 

Inspector General of the Coalition Provisional Authority as of the 

date of the enactment of this Act may continue to serve in that posiVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00295 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
270

tion after that date without reappointment under paragraph (1) of 

section 3001(c) of the Emergency Supplemental Appropriations Act 

for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004, but remaining subject to removal as specified in paragraph 

(4) of that section. 

(c) PURPOSES.—Subsection (a) of such section is amended—

(1) in paragraph (1), by striking ‘‘of the Coalition Provisional Authority (CPA)’’ and inserting ‘‘funded with amounts 

appropriated or otherwise made available to the Iraq Relief and 

Reconstruction Fund’’; 

(2) in paragraph (2)(B), by striking ‘‘fraud’’ and inserting 

‘‘waste, fraud,’’; and 

(3) in paragraph (3), by striking ‘‘the head of the Coalition 

Provisional Authority’’ and inserting ‘‘the Secretary of State and 

the Secretary of Defense’’. 

(d) RESPONSIBILITIES OF ASSISTANT INSPECTOR GENERAL FOR

AUDITING.—Subsection (d)(1) of such section is amended by striking 

‘‘of the Coalition Provisional Authority’’ and inserting ‘‘supported by 

the Iraq Relief and Reconstruction Fund’’. 

(e) SUPERVISION.—Such section is further amended—

(1) in subsection (e)—

(A) in paragraph (1), by striking ‘‘the head of the Coalition Provisional Authority’’ and inserting ‘‘the Secretary of 

State and the Secretary of Defense’’; and 

(B) in paragraph (2)—

(i) by striking ‘‘Neither the head of the Coalition 

Provisional Authority,’’ and all that follows through 

‘‘nor any other officer’’ and inserting ‘‘No officer’’; and 

(ii) by striking ‘‘investigation,’’ and all that follows 

through ‘‘course of any’’ and inserting ‘‘investigation related to the Iraq Relief and Reconstruction Fund or 

from issuing any subpoena during the course of any 

such’’; 

(2) in subsection (h)—

(A) in paragraphs (4)(B) and (5), by striking ‘‘head of 

the Coalition Provisional Authority’’ and inserting ‘‘Secretary of State or Secretary of Defense, as appropriate,’’; 

and 

(B) in paragraph (5), by striking ‘‘at the central and 

field locations of the Coalition Provisional Authority’’ and 

inserting ‘‘within the Department of Defense or at appropriate locations of the Department of State in Iraq’’; 

(3) in subsection (j)—

(A) in paragraph (1), by striking ‘‘the head of the Coalition Provisional Authority’’ and inserting ‘‘the Secretary of 

State and the Secretary of Defense’’; and 

(B) in paragraph (2)—

(i) in subparagraph (A)—

(I) by striking ‘‘the head of the Coalition Provisional Authority’’ the first place it appears and inserting ‘‘the Secretary of State or the Secretary of 

Defense’’; and 

(II) by striking ‘‘the head of the Coalition Provisional Authority’’ the second place it appears and 

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inserting ‘‘the Secretary of State or the Secretary of 

Defense, as the case may be,’’; and 

(ii) in subparagraph (B), by striking ‘‘the head of 

the Coalition Provisional Authority’’ and inserting ‘‘the 

Secretary of State or the Secretary of Defense, as the 

case may be,’’; and 

(4) in subsection (k), by striking ‘‘the head of the Coalition 

Provisional Authority shall’’ both places it appears and inserting ‘‘the Secretary of State and the Secretary of Defense shall 

jointly’’. 

(f) DUTIES.—Subsection (f)(1) of such section is amended—

(1) in the matter preceding subparagraph (A), by striking 

‘‘appropriated funds by the Coalition Provisional Authority in 

Iraq’’ and inserting ‘‘amounts appropriated or otherwise made 

available to the Iraq Relief and Reconstruction Fund’’; and 

(2) in subparagraph (D), by striking ‘‘the Coalition Provisional Authority,’’ and all that follows through ‘‘Government, 

and’’ and inserting ‘‘departments, agencies, and entities of the 

United States and’’. 

(g) INTERAGENCY COORDINATION.—Subsection (f) of such section 

is further amended by striking paragraphs (4) and (5) and inserting 

the following new paragraph (4): 

‘‘(4) In carrying out the duties, responsibilities, and authorities 

of the Inspector General under this section, the Inspector General 

shall coordinate with, and receive the cooperation of, each of the following: 

‘‘(A) The Inspector General of the Department of State. 

‘‘(B) The Inspector General of the Department of Defense. 

‘‘(C) The Inspector General of the United States Agency for 

International Development.’’. 

(h) POWERS AND AUTHORITIES.—Subsection (g)(1) of such section is amended by inserting before the period the following: ‘‘, including the authorities under subsection (e) of such section’’. 

(i) REPORTS.—Subsection (i) of such section is amended—

(1) in paragraph (1)—

(A) by striking the first sentence and inserting the following: ‘‘Not later than 30 days after the end of each fiscalyear quarter, the Inspector General shall submit to the appropriate committees of Congress a report summarizing, for 

the period of that quarter and, to the extent possible, the period from the end of such quarter to the time of the submission of the report, the activities during such period of the 

Inspector General and the activities under programs and 

operations funded with amounts appropriated or otherwise 

made available to the Iraq Relief and Reconstruction 

Fund.’’; 

(B) in subparagraph (B), by striking ‘‘the Coalition 

Provisional Authority’’ and inserting ‘‘the Department of 

Defense, the Department of State, and the United States 

Agency for International Development, as applicable,’’; 

(C) in subparagraph (E)—

(i) by striking ‘‘the Coalition Provisional Authority 

and of any other’’ ; and 

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(ii) by striking ‘‘appropriated funds’’ and inserting 

‘‘amounts appropriated or otherwise made available to 

the Iraq Relief and Reconstruction Fund’’; and 

(D) in subparagraph (F)(iii), by striking ‘‘the Coalition 

Provisional Authority’’ and inserting ‘‘the contracting department or agency’’; 

(2) in paragraph (2), by striking ‘‘by the Coalition Provisional Authority’’ and inserting ‘‘by any department or agency 

of the United States Government that involves the use of 

amounts appropriated or otherwise made available to the Iraq 

Relief and Reconstruction Fund’’; 

(3) in paragraph (3)—

(A) by striking ‘‘Not later than June 30, 2004, and 

semiannually thereafter, the’’ and inserting ‘‘The’’; 

(B) by striking ‘‘a report’’ and inserting ‘‘semiannual reports’’; and 

(C) and by adding at the end the following new sentence: ‘‘The first such report for a year, covering the first six 

months of the year, shall be submitted not later than July 

31 of that year, and the second such report, covering the 

second six months of the year, shall be submitted not later 

than January 31 of the following year.’’; and 

(4) in paragraph (4), by striking ‘‘of the Coalition Provisional Authority’’ and inserting ‘‘of the Department of State and 

of the Department of Defense’’. 

(j) TERMINATION.—Subsection (o) of such section is amended to 

read as follows: 

‘‘(o) TERMINATION.—The Office of the Inspector General shall 

terminate on the date that is 10 months after the date, as determined by the Secretary of State and the Secretary of Defense, on 

which 80 percent of the amounts appropriated or otherwise made 

available to the Iraq Relief and Reconstruction Fund by chapter 2 

of title II of this Act have been obligated.’’.

SEC. 1204. PRESIDENTIAL REPORT ON STRATEGY FOR STABILIZATION 

OF IRAQ. 

(a) STABILIZATION STRATEGY.—Not later than 120 days after 

the date of the enactment of this Act, the President shall submit to 

Congress an unclassified report (with classified annex, if necessary) 

on the strategy of the United States and coalition forces for stabilizing Iraq. The report shall contain a detailed explanation of the 

strategy, together with the following: 

(1) A description of the efforts of the President to work with 

the United Nations to provide support for, and assistance to, 

the transitional government in Iraq and, in particular, the efforts of the President to negotiate and secure adoption by the 

United Nations Security Council of Resolution 1546. 

(2) A description of the efforts of the President to continue 

to work with North Atlantic Treaty Organization (NATO) member states and non-NATO member states to provide support for 

and augment coalition forces, including—

(A) the current military forces of coalition countries deployed to Iraq; 

(B) the current police forces of coalition countries deployed to Iraq; 

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(C) the current financial resources of coalition countries pledged and provided for the stabilization and reconstruction of Iraq; and 

(D) a list of countries that have pledged to deploy military or police forces, including the schedule and level of 

such deployments. 

(3) The strategic plan referred to in subsection (b) relating 

to Iraqi security forces. 

(4) A description of the efforts of the United States and coalition forces to assist in the reconstruction of essential infrastructure of Iraq, including the oil industry, electricity generation, roads, schools, and hospitals. 

(5) A description of the efforts of the United States, coalition partners, and relevant international agencies to assist in 

the development of political institutions and prepare for democratic elections in Iraq. 

(6) A description of the obstacles, including financial, technical, logistic, personnel, political, and other obstacles, faced by 

NATO in generating and deploying military forces out of theater to locations such as Iraq. 

(b) IRAQI SECURITY FORCES.—The President shall include in 

the report under subsection (a) a strategic plan setting forth the 

manner in which the coaltion will achieve the goal of establishing 

viable and professional Iraqi security forces able to provide for the 

long-term security of the Iraqi people. That strategic plan shall include at least the following: 

(1) Recruiting and retention goals, shown for each service 

of the Iraqi security forces. 

(2) Training plans for each service of the Iraqi security 

forces. 

(3) A description of metrics by which progress toward the 

goal of Iraqi provision for its own security can be measured. 

(4) A description of equipment needs, shown for each service of the Iraqi security forces. 

(5) A resourcing plan for achieving the goals of the strategic 

plan. 

(6) Personnel plans in terms of United States military and 

contractor personnel to be used in training each such service.

(7) A description of challenges faced and opportunities presented in particular regions of Iraq and a plan for addressing 

those challenges. 

(8) A discussion of training and deployment successes and 

failures to the date of the report and how lessons from those 

successes and failures will be incorporated into the strategic 

plan. 

(c) QUARTERLY REPORTS.—Not later than 30 days after the end 

of each quarter of calendar year 2005, the Secretary of Defense shall 

submit to the Congress a report on the actions taken under the strategic plan set forth pursuant to subsection (b) since the date of the 

enactment of this Act. Each such report shall be prepared in conjunction with the Secretary of State.

SEC. 1205. GUIDANCE ON CONTRACTORS SUPPORTING DEPLOYED 

FORCES IN IRAQ. 

(a) GUIDANCE.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall issue guidance 

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on how the Department of Defense shall manage contractor personnel who support deployed forces and shall direct the Secretaries 

of the military departments to develop procedures to ensure implementation of that guidance. The guidance shall—

(1) establish policies for the use of contractors to support 

deployed forces; 

(2) delineate the roles and responsibilities of commanders 

regarding the management and oversight of contractor personnel who support deployed forces; and 

(3) integrate into a single document other guidance and 

doctrine that may affect Department of Defense responsibilities 

to contractors in locations where members of the Armed Forces 

are deployed. 

(b) ISSUES TO BE ADDRESSED.—The guidance issued under subsection (a) shall address at least the following matters: 

(1) Warning contractor security personnel of potentially 

hazardous situations. 

(2) Coordinating the movement of contractor security personnel, especially through areas of increased risk or planned or 

ongoing military operations. 

(3) Rapidly identifying contractor security personnel by 

members of the Armed Forces. 

(4) Sharing relevant threat information with contractor security personnel and receiving information gathered by contractor security personnel for use by United States and coalition 

forces. 

(5) Providing appropriate assistance to contractor personnel 

who become engaged in hostile situations. 

(6) Providing medical assistance for, and evacuation of, 

contractor personnel who become casualties as a result of enemy 

actions. 

(7) Investigating background and qualifications of contractor security personnel and organizations. 

(8) Establishing rules of engagement for armed contractor 

security personnel, and ensuring proper training and compliance with the rules of engagement. 

(9) Establishing categories of security, intelligence, law enforcement, and criminal justice functions that are—

(A) inherently governmental functions under Subpart 

7.5 of the Federal Acquisition Regulation; or 

(B) although not inherently governmental functions, 

should not ordinarily be performed by contractors in areas 

of operations. 

(10) Establishing procedures for making and documenting 

determinations about which security, intelligence, law enforcement, and criminal justice functions will be performed by military personnel and which will be performed by private companies. 

(c) REPORT.—Not later than 30 days after issuing the guidance 

required under subsection (a), the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and House of 

Representatives a report on the guidance issued under subsection 

(a).

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SEC. 1206. REPORT ON CONTRACTORS SUPPORTING DEPLOYED 

FORCES AND RECONSTRUCTION EFFORTS IN IRAQ. 

(a) REPORT REQUIRED.—Not later than 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 contractors supporting deployed forces and reconstruction efforts 

in Iraq. 

(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include, at a minimum, the following matters with 

respect to contractors, and employees of contractors, described in 

subsection (a): 

(1) A description of the overall chain of command and oversight mechanisms that are in place to ensure adequate command and supervision of such contractor employees in critical 

security roles. 

(2) A description of sanctions that are available to be imposed on such a contractor employee who—

(A) fails to comply with a requirement of law or regulation that applies to such employee; or 

(B) engages in other misconduct. 

(3) A description of disciplinary and criminal actions 

brought against contractor employees during the period beginning on May 1, 2003, and ending on the date of the enactment 

of this Act. 

(4) An explanation of the legal status of contractor employees engaged in the performance of security functions in Iraq 

after the transfer of sovereign power to Iraq on June 28, 2004. 

(5) A specification of casualty and fatality figures for contractor employees supporting deployed forces and reconstruction 

efforts in Iraq, shown, to the extent practicable, in the following 

categories: 

(A) Total casualties and total fatalities. 

(B) Casualties and fatalities among—

(i) nationals of the United States; 

(ii) nationals of Iraq; and 

(iii) nationals of states other than the United 

States and Iraq. 

(6) A description, to the maximum extent practicable, of incidents in which contractor employees supporting deployed 

forces and reconstruction efforts in Iraq have been engaged in 

hostile fire or other incidents of note during the period beginning on May 1, 2003, and ending on the date of the enactment 

of this Act. 

(c) PLANS.—The Secretary shall include with the report under 

subsection (a) the following plans: 

(1) A plan for establishing and implementing a process for 

collecting data on individual contractors, the value of the contracts, the number of casualties incurred, and the number of 

personnel in Iraq performing the following services for the Department of Defense and other Federal agencies: 

(A) Personal security details. 

(B) Nonmilitary site security. 

(C) Nonmilitary convoy security. 

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(D) Interrogation services at interrogation centers operated by the Department of Defense. 

(2) A plan for ensuring that military commanders in the 

theater of operations have accurate information on the number, 

types, and sources of weapons and other critical equipment 

(such as body armor, armored vehicles, secure communications 

and friend-foe identification) that contractor personnel performing services specified in paragraph (1) are authorized to 

possess. 

(d) COORDINATION.—In the preparation of the report under this 

section (including the plans under subsection (c)), the Secretary of 

Defense shall coordinate, as appropriate, with the head of any Federal agency that is involved in the procurement of services from contractors supporting deployed forces and reconstruction efforts in 

Iraq. The head of any such agency shall provide to the Secretary of 

Defense such information as the Secretary may require about such 

contractors to complete the report.

SEC. 1207. UNITED NATIONS OIL-FOR-FOOD PROGRAM. 

(a) ACCESS TO DOCUMENTS.—It is the sense of Congress that the 

Secretary of State should seek to conclude a memorandum of understanding with the Interim Government of Iraq to ensure that the 

United States will have access to all documents in the possession of 

that Government related to the United Nations Oil-for-Food Program. 

(b) INFORMATION FROM THE UNITED NATIONS.—(1) The Secretary of State shall use the voice and vote of the United States in 

the United Nations to urge the Secretary General of the United Nations to provide to the United States copies of all audits and core 

documents related to the United Nations Oil-for-Food Program, including all audits, examinations, studies, reviews, or similar documents prepared by the United Nations Office of Internal Oversight 

Services and all responses to such documents. 

(2) It is the sense of Congress that, pursuant to section 941(b)(6) 

of the United Nations Reform Act of 1999 (title IX of division A of 

H.R. 3427 of the 106th Congress, as enacted into law by section 

1000(a)(7) of Public Law 106–113; 113 Stat. 1501A–483), the Comptroller General should have full and complete access to financial information relating to the United Nations, including information related to the financial transactions, organization, and activities of 

the United Nations Oil-for-Food Program. 

(3) The Secretary of State shall facilitate access by the Comptroller General to the financial information described in paragraph 

(2). 

(c) COOPERATION IN INVESTIGATIONS.—The head of any Executive agency (including the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, and the Director of the Central 

Intelligence Agency) shall, upon a request in connection with an investigation of the United Nations Oil-for-Food Program made by a 

committee of jurisdiction of the Senate or House of Representatives, 

promptly provide to the chairman of that committee—

(1) access to any information or document described in subsection (a) or (b) that is under the control of such agency and 

responsive to the request; and

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(2) cooperation in gaining access to information and documents described in subsections (a) and (b) that are not under 

the control of such agency, as appropriate. 

(d) REVIEW OF OIL-FOR-FOOD PROGRAM BY COMPTROLLER GEN- ERAL.—(1) The Comptroller General shall conduct a review of the 

United Nations Oil-for-Food Program, including the role of the 

United States in that program. The review—

(A) in accordance with generally accepted government auditing standards, should not interfere with any ongoing criminal investigation or inquiry related to that program; and 

(B) may take into account the results of any investigation 

or inquiry related to that program. 

(2) The head of each Executive agency shall fully cooperate with 

the review of the Comptroller General under paragraph (1). 

(e) EXECUTIVE AGENCY DEFINED.—In this section, the term ‘‘Executive agency’’ has the meaning given that term in section 105 of 

title 5, United States Code.

SEC. 1208 SUPPORT OF MILITARY OPERATIONS TO COMBAT TERRORISM. 

(a) AUTHORITY.—The Secretary of Defense may expend up to $25,000,000 during any fiscal year during which this subsection is 

in effect to provide support to foreign forces, irregular forces, groups, 

or individuals engaged in supporting or facilitating ongoing military operations by United States special operations forces to combat 

terrorism. 

(b) PROCEDURES.—The Secretary of Defense shall establish procedures for the exercise of the authority under subsection (a). The 

Secretary shall notify the congressional defense committees of those 

procedures before any exercise of that authority. 

(c) NOTIFICATION.—Upon using the authority provided in subsection (a) to make funds available for support of an approved military operation, the Secretary of Defense shall notify the congressional defense committees expeditiously, and in any event in not less 

than 48 hours, of the use of such authority with respect to that operation. Such a notification need be provided only once with respect 

to any such operation. Any such notification shall be in writing. 

(d) LIMITATION ON DELEGATION.—The authority of the Secretary of Defense to make funds available under subsection (a) for 

support of a military operation may not be delegated. 

(e) INTELLIGENCE ACTIVITIES.—This section does not constitute 

authority to conduct a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 413b(e)). 

(f) ANNUAL REPORT.—Not later than 30 days after the close of 

each fiscal year during which subsection (a) is in effect, the Secretary of Defense shall submit to the congressional defense committees a report on support provided under that subsection during that 

fiscal year. Each such report shall describe the support provided, including a statement of the recipient of the support and the amount 

obligated to provide the support. 

(g) FISCAL YEAR 2005 LIMITATION.—Support may be provided 

under subsection (a) during fiscal year 2005 only from funds made 

available for operations and maintenance pursuant to title XV of 

this Act. 

(h) PERIOD OF AUTHORITY.—The authority under subsection (a) 

is in effect during each of fiscal years 2005 through 2007.

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Subtitle B—Counterproliferation Matters

SEC. 1211. DEFENSE INTERNATIONAL COUNTERPROLIFERATION PROGRAMS. 

(a) INTERNATIONAL SECURITY PROGRAM TO PREVENT UNAUTHORIZED TRANSFER AND TRANSPORTATION OF WMDS.—Subsection 

(b) of section 1424 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2333) is amended to read as follows: 

‘‘(b) OTHER COUNTRIES.—The Secretary of Defense may carry 

out programs under subsection (a) in a country other than a country 

specified in that subsection if the Secretary determines that there exists in that country a significant threat of the unauthorized transfer 

and transportation of nuclear, biological, or chemical weapons or 

related materials.’’. 

(b) INTERNATIONAL TRAINING PROGRAM TO DETER WMD PROLIFERATION.—Section 1504(e)(3)(A) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 

2918) is amended—

(1) by striking ‘‘The training program referred to in paragraph (1)(B) is a’’ and inserting ‘The Secretary of Defense may 

participate in a’’; 

(2) by inserting ‘‘of’’ after ‘‘acquisition’’; 

(3) by striking ‘‘and’’ after ‘‘countries,’’; and 

(4) by inserting before the period at the end the following: 

‘‘, and in other countries in which, as determined by the Secretary of Defense, there exists a significant threat of such proliferation and acquisition’’.

SEC. 1212. POLICY AND SENSE OF CONGRESS ON NONPROLIFERATION 

OF BALLISTIC MISSILES. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Certain countries are seeking to acquire ballistic missiles and related technologies that could be used to attack the 

United States or place at risk United States interests, deployed 

members of the Armed Forces, and allies of the United States 

and other friendly foreign countries. 

(2) Certain countries continue to actively transfer or sell 

ballistic missile technologies in contravention of standards of 

behavior established by the United States and allies of the 

United States and other friendly foreign countries. 

(3) The spread of ballistic missiles and related technologies 

worldwide has been slowed by a combination of national and 

international export controls, forward-looking diplomacy, and 

multilateral interdiction activities to restrict the development 

and transfer of such missiles and technologies. 

(b) POLICY.—It is the policy of the United States to develop, support, and strengthen international accords and other cooperative efforts to curtail the proliferation of ballistic missiles and related 

technologies which could threaten the territory of the United States, 

allies of the United States and other friendly foreign countries, and 

deployed members of the Armed Forces of the United States with 

weapons of mass destruction. 

(c) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the United States should vigorously pursue foreign policy initiatives aimed at eliminating, reducing, or retarding the 

proliferation of ballistic missiles and related technologies; and 

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(2) the United States and the international community 

should continue to support and strengthen established international accords and other cooperative efforts, including United 

Nations Security Council Resolution 1540 (April 28, 2004) and 

the Missile Technology Control Regime, that are designed to 

eliminate, reduce, or retard the proliferation of ballistic missiles 

and related technologies.

SEC. 1213. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP 

AGAINST THE SPREAD OF WEAPONS OF MASS DESTRUCTION. 

(a) COMMENDATION OF PRESIDENT.—Congress commends the 

President for the steps taken at the G–8 summit at Sea Island, 

Georgia, on June 8–10, 2004—

(1) to demonstrate continued support for the Global Partnership against the Spread of Nuclear Weapons and Materials 

of Mass Destruction; and 

(2) to expand the Partnership (A) by welcoming new members, and (B) by using the Partnership to coordinate nonproliferation projects in Libya, Iraq, and other countries. 

(b) FUTURE ACTIONS.—It is the sense of Congress that the President should seek to—

(1) expand the membership of donor nations to the Global 

Partnership against the Spread of Nuclear Weapons and Materials of Mass Destruction; 

(2) ensure that the Russian Federation remains the primary 

focus of the Partnership, but also seek to fund, through the 

Partnership, efforts in other countries that need assistance to 

secure or dismantle their own potentially vulnerable weapons or 

materials; 

(3) develop for the Partnership clear program goals; 

(4) develop for the Partnership transparent project 

prioritization and planning; 

(5) develop for the Partnership project implementation milestones under periodic review; 

(6) develop under the Partnership agreements between partners for project implementation; and 

(7) give high priority and senior-level attention to resolving 

disagreements on site access and worker liability under the 

Partnership.

SEC. 1214. REPORT ON COLLABORATIVE MEASURES TO REDUCE THE 

RISKS OF A LAUNCH OF RUSSIAN NUCLEAR WEAPONS. 

Not later than November 1, 2005, the Secretary of Defense shall 

submit to Congress a report on collaborative measures between the 

United States and the Russian Federation to reduce the risks of a 

launch of a nuclear-armed ballistic missile as a result of accident, 

misinformation, miscalculation, or unauthorized use. The report 

shall provide—

(1) a description and assessment of the collaborative measures that are currently in effect; 

(2) a description and assessment of other collaborative 

measures that could be pursued in the future; 

(3) an assessment of the potential contributions of such collaborative measures to the national security of the United 

States; 

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(4) an assessment of the effect of such collaborative measures on relations between the United States and the Russian 

Federation; 

(5) a description of the obstacles and opportunities associated with pursuing such collaborative measures; and 

(6) an assessment of the future of the Joint Data Exchange 

Center.

Subtitle C—Other Matters

SEC. 1221. AUTHORITY FOR HUMANITARIAN ASSISTANCE FOR THE DETECTION AND CLEARANCE OF LANDMINES EXTENDED TO 

INCLUDE OTHER EXPLOSIVE REMNANTS OF WAR. 

(a) EXTENSION OF AUTHORITY.—Subsection (e)(5) of section 401 

of title 10, United States Code, is amended by inserting ‘‘and other 

explosive remnants of war’’ after ‘‘landmines’’ both places it appears. 

(b) CONFORMING AMENDMENTS.—Such section is further 

amended—

(1) in subsection (a)(4)(A), by inserting ‘‘or other explosive 

remnants of war’’ after ‘‘landmines’’; and 

(2) in subsection (c)(2)(B), by striking ‘‘landmine clearing 

equipment or supplies’’ and inserting ‘‘equipment or supplies for 

clearing landmines or other explosive remnants of war’’.

SEC. 1222. EXPANSION OF ENTITIES OF THE PEOPLE’S REPUBLIC OF 

CHINA SUBJECT TO CERTAIN PRESIDENTIAL AUTHORITIES WHEN OPERATING IN THE UNITED STATES. 

Section 1237(b)(4)(B)(i) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) 

is amended—

(1) by inserting ‘‘, or affiliated with,’’ after ‘‘or controlled 

by’’; and 

(2) by inserting after ‘‘the People’s Liberation Army’’ the following: ‘‘or a ministry of the government of the People’s Republic of China or that is owned or controlled by an entity affiliated with the defense industrial base of the People’s Republic of 

China’’.

SEC. 1223. ASSIGNMENT OF NATO NAVAL PERSONNEL TO SUBMARINE 

SAFETY PROGRAMS. 

(a) IN GENERAL.—Chapter 631 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 7234. Submarine safety programs: participation of NATO 

naval personnel 

‘‘(a) ACCEPTANCE OF ASSIGNMENT OF FOREIGN NAVAL PERSONNEL.—In order to facilitate the development, standardization, 

and interoperability of submarine vessel safety and rescue systems 

and procedures, the Secretary of the Navy may conduct a program 

under which members of the naval service of any of the member nations of the North Atlantic Treaty Organization may be assigned to 

United States commands to work on such systems and procedures. 

‘‘(b) RECIPROCITY NOT REQUIRED.—The authority under subsection (a) is not an exchange program. Reciprocal assignments of 

members of the Navy to the naval service of a foreign country is not 

a condition for the exercise of such authority. 

‘‘(c) COSTS FOR FOREIGN PERSONNEL.—(1) The United States 

may not pay the following costs for a member of a foreign naval 

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service sent to the United States under the program authorized by 

this section: 

‘‘(A) Salary. 

‘‘(B) Per diem. 

‘‘(C) Cost of living. 

‘‘(D) Travel costs. 

‘‘(E) Cost of language or other training. 

‘‘(F) Other costs. 

‘‘(2) Paragraph (1) does not apply to the following costs, which 

may be paid by the United States: 

‘‘(A) The cost of temporary duty directed by the Secretary of 

the Navy or an officer of the Navy authorized to do so. 

‘‘(B) The cost of training programs conducted to familiarize, 

orient, or certify members of foreign naval services regarding 

unique aspects of their assignments. 

‘‘(C) Costs incident to the use of the facilities of the Navy 

in the performance of assigned duties. 

‘‘(d) RELATIONSHIP TO OTHER AUTHORITY.—The provisions of 

this section shall apply in the exercise of any authority of the Secretary of the Navy to enter into an agreement with the government 

of a foreign country, subject to the concurrence of the Secretary of 

State, to provide for the assignment of members of the naval service 

of the foreign country to a Navy submarine safety program. The Secretary of the Navy may prescribe regulations for the application of 

this section in the exercise of such authority. 

‘‘(e) TERMINATION OF AUTHORITY.—The Secretary of the Navy 

may not accept the assignment of a member of the naval service of 

a foreign country under this section after September 30, 2008.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘7234. Submarine safety programs: participation of NATO naval personnel.’’.

SEC. 1224. AVAILABILITY OF WARSAW INITIATIVE FUNDS FOR NEW 

NATO MEMBERS. 

(a) AVAILABILITY OF FUNDS.—Of the amount authorized to be 

appropriated by section 301(5) for operation and maintenance, defense-wide activities, and available for the Defense Security Cooperation Agency for the Warsaw Initiative Funds (WIF), $4,000,000 

may be available only in fiscal year 2005 for the participation of the 

North Atlantic Treaty Organization (NATO) members set forth in 

subsection (b) in the exercises and programs of the Partnership for 

Peace program of the North Atlantic Treaty Organization. 

(b) NATO MEMBERS.—The North Atlantic Treaty Organization 

members set forth in this subsection are as follows: 

(1) Bulgaria. 

(2) Estonia. 

(3) Latvia. 

(4) Lithuania. 

(5) Romania. 

(6) Slovakia. 

(7) Slovenia.

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SEC. 1225. BILATERAL EXCHANGES AND TRADE IN DEFENSE ARTICLES 

AND DEFENSE SERVICES BETWEEN THE UNITED STATES 

AND THE UNITED KINGDOM AND AUSTRALIA. 

(a) POLICY.—It is the policy of Congress that bilateral exchanges and trade in defense articles and defense services between 

the United States and the United Kingdom and Australia are in the 

national security interest of the United States and that such exchanges and trade should be subjected to accelerated review and 

processing consistent with national security and the requirements of 

the Arms Export Control Act (22 U.S.C. 2751 et seq.). 

(b) REQUIREMENT.—The Secretary of State shall ensure that 

any license application submitted for the export of defense articles 

or defense services to Australia or the United Kingdom is expeditiously processed by the Department of State, in consultation with 

the Department of Defense, without referral to any other Federal department or agency, except where the item is classified or exceptional circumstances apply. 

(c) REGULATIONS.—The President shall ensure that regulations 

are prescribed to implement this section.

SEC. 1226. STUDY ON MISSILE DEFENSE COOPERATION. 

(a) REQUIREMENT FOR STUDY.—The Secretary of Defense, in 

consultation with the Secretary of State, shall carry out a study to 

determine the advisability of authorizing or requiring—

(1) the Secretary of State to establish procedures for considering technical assistance agreements and related amendments 

and munitions license applications for the export of defense 

items related to missile defense not later than 30 days after receiving such agreements, amendments, and munitions license 

applications, except in cases in which the Secretary of State determines that additional time is required to complete a review 

of a technical assistance agreement or related amendment or a 

munitions license application for foreign policy or national security reasons, including concerns regarding the proliferation of 

ballistic missile technology; and 

(2) the Secretary of Defense to establish procedures to increase the efficiency and transparency of the practices used by 

the Department of Defense to review technical assistance agreements and related amendments and munitions license applications related to international cooperation on missile defense 

that are referred to the Department. 

(b) FEASIBILITY OF REQUIRING COMPREHENSIVE AUTHORIZA- TIONS FOR MISSILE DEFENSE.—In carrying out the study under subsection (a), the Secretary of Defense, in consultation with the Secretary of State, shall examine the feasibility of providing major 

project authorizations for programs related to missile defense similar to the comprehensive export authorization specified in section 

126.14 of the International Traffic in Arms Regulations (section 

126.14 of title 22, Code of Federal Regulations). 

(c) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation 

with the Secretary of State, submit to the Committee on Armed 

Services and the Committee on Foreign Relations of the Senate and 

the Committee on Armed Services and the Committee on International Relations of the House of Representatives a report on the 

results of the study under subsection (a). The report shall include—

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(1) the determinations resulting from the study, including 

a determination on the feasibility of providing the major project 

authorization for projects related to missile defense described in 

subsection (b); and 

(2) a discussion of the justification for each such determination. 

(d) DEFINITION OF DEFENSE ITEMS.—In this section, the term 

‘‘defense items’’ has the meaning given that term in section 

38(j)(4)(A) of the Arms Export Control Act (22 U.S.C. 2778(j)(4)(A)).

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH 

STATES OF THE FORMER SOVIET UNION

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

Sec. 1302. Funding allocations. 

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

Sec. 1304. Inclusion of descriptive summaries in annual Cooperative Threat Reduction reports and budget justification materials.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

PROGRAMS AND FUNDS. 

(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section 

301 and other provisions of this Act, Cooperative Threat Reduction 

programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 

104–201; 110 Stat. 2731; 50 U.S.C. 2362 note). 

(b) FISCAL YEAR 2005 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2005 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs. 

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 

the authorization of appropriations in section 301 for Cooperative 

Threat Reduction programs shall be available for obligation for 

three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS. 

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $409,200,000 authorized to be appropriated to the Department of Defense for fiscal 

year 2005 in section 301(19) for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes 

specified: 

(1) For strategic offensive arms elimination in Russia, 

$58,522,000. 

(2) For nuclear weapons storage security in Russia, 

$48,672,000. 

(3) For nuclear weapons transportation security in Russia, 

$26,300,000. 

(4) For weapons of mass destruction proliferation prevention in the states of the former Soviet Union, $40,030,000. 

(5) For chemical weapons destruction in Russia, 

$158,400,000. 

(6) For biological weapons proliferation prevention in the 

former Soviet Union, $54,959,000. 

(7) For defense and military contacts, $8,000,000. 

(8) For activities designated as Other Assessments/Administrative Support, $14,317,000. 

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(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2005 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than 

a purpose listed in paragraphs (1) through (8) of subsection (a) until 

30 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated 

or expended and the amount of funds to be obligated or expended. 

Nothing in the preceding sentence shall be construed as authorizing 

the obligation or expenditure of fiscal year 2005 Cooperative Threat 

Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any 

other provision of law. 

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1) 

Subject to paragraphs (2) and (3), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for 

fiscal year 2005 for a purpose listed in any of the paragraphs in 

subsection (a) in excess of the specific amount authorized for that 

purpose. 

(2) An obligation of funds for a purpose stated in any of the 

paragraphs in subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in 

paragraph (1) only after—

(A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and 

(B) 15 days have elapsed following the date of the notification. 

(3) The Secretary may not, under the authority provided in 

paragraph (1), obligate amounts for a purpose stated in any of 

paragraphs (5) through (8) of subsection (a) in excess of 125 percent 

of the specific amount authorized for such purpose.

SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING FOR CHEMICAL WEAPONS DESTRUCTION FACILITY IN 

RUSSIA. 

(a) TEMPORARY AUTHORITY.—Section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 

22 U.S.C. 5952 note) shall not apply for a calendar year for which 

the President submits to Congress a written certification that includes—

(1) a statement as to why a waiver of the conditions described in such section 1305 is important to the national security interests of the United States; 

(2) a full and complete justification for the waiver of the 

conditions; and 

(3) a plan to promote a full and accurate disclosure by Russia regarding the size, content, status, and location of its chemical weapons stockpile. 

(b) EXPIRATION.—The authority in subsection (a) shall expire on 

December 31, 2006, and no waiver shall remain in effect after that 

date.

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SEC. 1304. INCLUSION OF DESCRIPTIVE SUMMARIES IN ANNUAL COOPERATIVE THREAT REDUCTION REPORTS AND BUDGET 

JUSTIFICATION MATERIALS. 

Section 1307 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 

2165; 22 U.S.C. 5952 note) is amended—

(1) in subsection (a), by striking ‘‘as part of the Secretary’s 

annual budget request to Congress’’ in the matter preceding 

paragraph (1) and inserting ‘‘in the materials and manner specified in subsection (c)’’; and 

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

‘‘(c) INCLUSION IN CERTAIN MATERIALS SUBMITTED TO CONGRESS.—The summary required to be submitted to Congress in a 

fiscal year under subsection (a) shall be set forth by project category, 

and by amounts specified in paragraphs (1) and (2) of that subsection in connection with such project category, in each of the following: 

‘‘(1) The annual report on activities and assistance under 

Cooperative Threat Reduction programs required in such fiscal 

year under section 1308 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into 

law by Public Law 106–398). 

‘‘(2) The budget justification materials submitted to Congress in support of the Department of Defense budget for the fiscal year succeeding such fiscal year (as submitted with the 

budget of the President under section 1105(a) of title 31, United 

States Code).’’.

TITLE XIV—SUNKEN MILITARY CRAFT

Sec. 1401. Preservation of title to sunken military craft and associated contents. 

Sec. 1402. Prohibitions. 

Sec. 1403. Permits. 

Sec. 1404. Penalties. 

Sec. 1405. Liability for damages. 

Sec. 1406. Relationship to other laws. 

Sec. 1407. Encouragement of agreements with foreign countries. 

Sec. 1408. Definitions.

SEC. 1401. PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND 

ASSOCIATED CONTENTS. 

Right, title, and interest of the United States in and to any 

United States sunken military craft—

(1) shall not be extinguished except by an express divestiture of title by the United States; and 

(2) shall not be extinguished by the passage of time, regardless of when the sunken military craft sank. 

SEC. 1402. PROHIBITIONS. 

(a) UNAUTHORIZED ACTIVITIES DIRECTED AT SUNKEN MILITARY

CRAFT.—No person shall engage in or attempt to engage in any activity directed at a sunken military craft that disturbs, removes, or 

injures any sunken military craft, except—

(1) as authorized by a permit under this title; 

(2) as authorized by regulations issued under this title; or 

(3) as otherwise authorized by law. 

(b) POSSESSION OF SUNKEN MILITARY CRAFT.—No person may 

possess, disturb, remove, or injure any sunken military craft in violation of—

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(1) this section; or 

(2) any prohibition, rule, regulation, ordinance, or permit 

that applies under any other applicable law. 

(c) LIMITATIONS ON APPLICATION.—

(1) ACTIONS BY UNITED STATES.—This section shall not 

apply to actions taken by, or at the direction of, the United 

States. 

(2) FOREIGN PERSONS.—This section shall not apply to any 

action by a person who is not a citizen, national, or resident 

alien of the United States, except in accordance with—

(A) generally recognized principles of international law; 

(B) an agreement between the United States and the 

foreign country of which the person is a citizen; or 

(C) in the case of an individual who is a crew member 

or other individual on a foreign vessel or foreign aircraft, 

an agreement between the United States and the flag State 

of the foreign vessel or aircraft that applies to the individual. 

(3) LOAN OF SUNKEN MILITARY CRAFT.—This section does 

not prohibit the loan of United States sunken military craft in 

accordance with regulations issued by the Secretary concerned. 

SEC. 1403. PERMITS. 

(a) IN GENERAL.—The Secretary concerned may issue a permit 

authorizing a person to engage in an activity otherwise prohibited 

by section 1402 with respect to a United States sunken military 

craft, for archaeological, historical, or educational purposes, in accordance with regulations issued by such Secretary that implement 

this section. 

(b) CONSISTENCY WITH OTHER LAWS.—The Secretary concerned 

shall require that any activity carried out under a permit issued by 

such Secretary under this section must be consistent with all requirements and restrictions that apply under any other provision of 

Federal law. 

(c) CONSULTATION.—In carrying out this section (including the 

issuance after the date of the enactment of this Act of regulations 

implementing this section), the Secretary concerned shall consult 

with the head of each Federal agency having authority under Federal law with respect to activities directed at sunken military craft 

or the locations of such craft. 

(d) APPLICATION TO FOREIGN CRAFT.—At the request of any foreign State, the Secretary of the Navy, in consultation with the Secretary of State, may carry out this section (including regulations 

promulgated pursuant to this section) with respect to any foreign 

sunken military craft of that foreign State located in United States 

waters. 

SEC. 1404. PENALTIES. 

(a) IN GENERAL.—Any person who violates this title, or any regulation or permit issued under this title, shall be liable to the 

United States for a civil penalty under this section. 

(b) ASSESSMENT AND AMOUNT.—The Secretary concerned may 

assess a civil penalty under this section, after notice and an opportunity for a hearing, of not more than $100,000 for each violation. 

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(c) CONTINUING VIOLATIONS.—Each day of a continued violation of this title or a regulation or permit issued under this title 

shall constitute a separate violation for purposes of this section. 

(d) IN REM LIABILITY.—A vessel used to violate this title shall 

be liable in rem for a penalty under this section for such violation. 

(e) OTHER RELIEF.—If the Secretary concerned determines that 

there is an imminent risk of disturbance of, removal of, or injury 

to any sunken military craft, or that there has been actual disturbance of, removal of, or injury to a sunken military craft, the Attorney General, upon request of the Secretary concerned, may seek such 

relief as may be necessary to abate such risk or actual disturbance, 

removal, or injury and to return or restore the sunken military 

craft. The district courts of the United States shall have jurisdiction 

in such a case to order such relief as the public interest and the equities of the case may require.

(f) LIMITATIONS.—An action to enforce a violation of section 

1402 or any regulation or permit issued under this title may not be 

brought more than 8 years after the date on which—

(1) all facts material to the right of action are known or 

should have been known by the Secretary concerned; and 

(2) the defendant is subject to the jurisdiction of the appropriate district court of the United States or administrative 

forum. 

SEC. 1405. LIABILITY FOR DAMAGES. 

(a) IN GENERAL.—Any person who engages in an activity in violation of section 1402 or any regulation or permit issued under this 

title that disturbs, removes, or injures any United States sunken 

military craft shall pay the United States enforcement costs and 

damages resulting from such disturbance, removal, or injury. 

(b) INCLUDED DAMAGES.—Damages referred to in subsection (a) 

may include—

(1) the reasonable costs incurred in storage, restoration, 

care, maintenance, conservation, and curation of any sunken 

military craft that is disturbed, removed, or injured in violation 

of section 1402 or any regulation or permit issued under this 

title; and 

(2) the cost of retrieving, from the site where the sunken 

military craft was disturbed, removed, or injured, any information of an archaeological, historical, or cultural nature. 

SEC. 1406. RELATIONSHIP TO OTHER LAWS. 

(a) IN GENERAL.—Except to the extent that an activity is undertaken as a subterfuge for activities prohibited by this title, nothing 

in this title is intended to affect—

(1) any activity that is not directed at a sunken military 

craft; or 

(2) the traditional high seas freedoms of navigation, including—

(A) the laying of submarine cables and pipelines; 

(B) operation of vessels; 

(C) fishing; or 

(D) other internationally lawful uses of the sea related 

to such freedoms. 

(b) INTERNATIONAL LAW.—This title and any regulations implementing this title shall be applied in accordance with generally recVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00313 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
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ognized principles of international law and in accordance with the 

treaties, conventions, and other agreements to which the United 

States is a party. 

(c) LAW OF FINDS.—The law of finds shall not apply to—

(1) any United States sunken military craft, wherever located; or 

(2) any foreign sunken military craft located in United 

States waters. 

(d) LAW OF SALVAGE.—No salvage rights or awards shall be 

granted with respect to—

(1) any United States sunken military craft without the express permission of the United States; or 

(2) any foreign sunken military craft located in United 

States waters without the express permission of the relevant foreign state. 

(e) LAW OF CAPTURE OR PRIZE.—Nothing in this title is intended to alter the international law of capture or prize with respect 

to sunken military craft. 

(f) LIMITATION OF LIABILITY.—Nothing in sections 4281 through 

4287 and 4289 of the Revised Statutes (46 U.S.C. App. 181 et seq.) 

or section 3 of the Act of February 13, 1893 (chapter 105; 27 Stat. 

445; 46 U.S.C. App. 192), shall limit the liability of any person 

under this section. 

(g) AUTHORITIES OF THE COMMANDANT OF THE COAST GUARD.—

Nothing in this title is intended to preclude or limit the application 

of any other law enforcement authorities of the Commandant of the 

Coast Guard. 

(h) PRIOR DELEGATIONS, AUTHORIZATIONS, AND RELATED REGULATIONS.—Nothing in this title shall invalidate any prior delegation, authorization, or related regulation that is consistent with this 

title. 

(i) CRIMINAL LAW.—Nothing in this title is intended to prevent 

the United States from pursuing criminal sanctions for plundering 

of wrecks, larceny of Government property, or violation of any applicable criminal law. 

SEC. 1407. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN COUNTRIES. 

The Secretary of State, in consultation with the Secretary of Defense, is encouraged to negotiate and conclude bilateral and multilateral agreements with foreign countries with regard to sunken 

military craft consistent with this title. 

SEC. 1408. DEFINITIONS. 

In this title: 

(1) ASSOCIATED CONTENTS.—The term ‘‘associated contents’’ 

means—

(A) the equipment, cargo, and contents of a sunken 

military craft that are within its debris field; and 

(B) the remains and personal effects of the crew and 

passengers of a sunken military craft that are within its debris field. 

(2) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means—

(A) subject to subparagraph (B), the Secretary of a 

military department; and 

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(B) in the case of a Coast Guard vessel, the Secretary 

of the Department in which the Coast Guard is operating. 

(3) SUNKEN MILITARY CRAFT.—The term ‘‘sunken military 

craft’’ means all or any portion of—

(A) any sunken warship, naval auxiliary, or other vessel that was owned or operated by a government on military noncommercial service when it sank; 

(B) any sunken military aircraft or military spacecraft 

that was owned or operated by a government when it sank; 

and 

(C) the associated contents of a craft referred to in subparagraph (A) or (B), 

if title thereto has not been abandoned or transferred by the 

government concerned. 

(4) UNITED STATES CONTIGUOUS ZONE.—The term ‘‘United 

States contiguous zone’’ means the contiguous zone of the 

United States under Presidential Proclamation 7219, dated 

September 2, 1999. 

(5) UNITED STATES INTERNAL WATERS.—The term ‘‘United 

States internal waters’’ means all waters of the United States 

on the landward side of the baseline from which the breadth of 

the United States territorial sea is measured. 

(6) UNITED STATES TERRITORIAL SEA.—The term ‘‘United 

States territorial sea’’ means the waters of the United States territorial sea under Presidential Proclamation 5928, dated December 27, 1988. 

(7) UNITED STATES WATERS.—The term ‘‘United States waters’’ means United States internal waters, the United States 

territorial sea, and the United States contiguous zone.

TITLE XV—AUTHORIZATION FOR INCREASED COSTS 

DUE TO OPERATION IRAQI FREEDOM AND OPERATION 

ENDURING FREEDOM

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Defense-wide activities procurement. 

Sec. 1505. Operation and maintenance. 

Sec. 1506. Defense working capital funds. 

Sec. 1507. Iraq Freedom Fund. 

Sec. 1508. Defense health program. 

Sec. 1509. Military personnel. 

Sec. 1510. Treatment as additional authorizations. 

Sec. 1511. Transfer authority.

SEC. 1501. PURPOSE. 

The purpose of this title is to authorize emergency appropriations for the Department of Defense for fiscal year 2005 to provide 

funds for additional costs due to Operation Iraqi Freedom and Operation Enduring Freedom. Funds in this title are available upon 

the enactment of this Act.

SEC. 1502. ARMY PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2005 for procurement accounts of the Army in amounts as follows: (3) For weapons and tracked combat vehicles, $50,000,000. 

(4) For ammunition, $110,000,000. 

(5) For other procurement, $755,000,000. 

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(6) For National Guard and Reserve equipment, 

$50,000,000. 

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

(a) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2005 for the procurement account for the Marine Corps in the amount of $150,000,000. 

(b) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 

authorized to be appropriated for fiscal year 2005 for the procurement account for ammunition for the Navy and the Marine Corps 

in the amount of $30,000,000.

SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2005 for the procurement account for Defense-wide procurement in 

the amount of $50,000,000. 

SEC. 1505. OPERATION AND MAINTENANCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2005 for the use of the Armed Forces for expenses, not otherwise provided for, operation and maintenance, in amounts as follows: 

(1) For the Army, $13,550,000,000. 

(2) For the Navy, $367,000,000. 

(3) For the Marine Corps, $1,665,000,000. 

(4) For the Air Force, $419,000,000. 

(5) For Defense-wide, $404,000,000. 

SEC. 1506. DEFENSE WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2005 for Defense Working Capital Program in the amount of 

$1,478,000,000. 

SEC. 1507. IRAQ FREEDOM FUND. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal year 2005 for the account of the Iraq Freedom 

Fund in amount of $3,892,000,000, to remain available for transfer 

to other accounts in this title until September 30, 2006. Amounts of 

authorization so transferred shall be merged with and be made 

available for the same purposes as the authorization to which transferred. Of the amounts provided in this section $1,800,000,000 shall 

only be used for classified programs. 

(b) NOTICE TO CONGRESS.—A transfer may be made from the 

Iraq Freedom Fund only after the Secretary of Defense notifies the 

congressional defense committees with respect to the proposed transfer in writing not less than five days before the transfer is made. 

SEC. 1508. 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, the Defense Health Program, in the amount of 

$780,000,000, for Operation and Maintenance. 

SEC. 1509. MILITARY PERSONNEL. 

There is hereby authorized to be appropriated to the Department of Defense for military personnel accounts for fiscal year 2005 

a total of $1,250,000,000. 

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SEC. 1510. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

The amounts authorized to be appropriated by this title are in 

addition to amounts otherwise authorized to be appropriated by this 

Act. 

SEC. 1511. TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon determination by the Secretary of Defense that such action is necessary 

in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this 

title for fiscal year 2005 between any such authorizations for that 

fiscal year (or any subdivisions thereof). Amounts of authorizations 

so transferred shall be merged with and be available for the same 

purposes as the authorization to which transferred. 

(2) The total amount of authorizations that the Secretary may 

transfer under the authority of this section may not exceed 

$1,500,000,000. The transfer authority provided in this section is in 

addition to any other transfer authority available to the Secretary 

of Defense. 

(b) LIMITATIONS.—The authority provided by this section to 

transfer authorizations—

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority is 

transferred; 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress; and 

(3) may not be combined with the authority under section 

1001. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another 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. 

(d) NOTICE TO CONGRESS.—A transfer may be made under the 

authority of this section only after the Secretary of Defense—

(1) consults with the chairmen and ranking members of the 

congressional defense committees with respect to the proposed 

transfer; and 

(2) after such consultation, notifies those committees in 

writing of the proposed transfer not less than five days before 

the transfer is made.

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

SEC. 2001. SHORT TITLE. 

This division may be cited as the ‘‘Military Construction Authorization Act for Fiscal Year 2005’’. 

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.

292

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(1), the Secretary of the Army may acquire real property and 

carry out military construction projects for the installations or locations inside the United States, and in the amounts set forth in the 

following table:

Army: Inside the United States 

State Installation or Location Amount 

Alabama ................................ Anniston Army Depot ..................................... $23,690,000

Fort Rucker ..................................................... $16,000,000

Alaska ................................... Fort Richardson .............................................. $24,300,000

Fort Wainwright ............................................. $92,459,000

Arizona .................................. Fort Huachuca ................................................ $18,000,000

California .............................. Fort Irwin ........................................................ $38,100,000

Sierra Army Depot .......................................... $12,600,000

Colorado ................................ Fort Carson ..................................................... $59,508,000

Florida .................................. Camp Rudder ................................................. $1,850,000

Georgia .................................. Fort Benning ................................................... $71,777,000

Fort Gillem ...................................................... $5,800,000

Fort McPherson .............................................. $4,900,000

Fort Stewart/Hunter Army Air Field ........... $65,495,000

Hawaii .................................. Helemano Military Reservation ..................... $75,300,000

Hickam Air Force Base .................................. $11,200,000

Schofield Barracks ......................................... $249,792,000

Kansas ................................... Fort Riley ........................................................ $59,550,000

Kentucky ............................... Fort Campbell ................................................. $89,600,000

Fort Knox ........................................................ $75,750,000

Louisiana .............................. Fort Polk ......................................................... $70,953,000

Maryland .............................. Aberdeen Proving Ground .............................. $13,000,000

Fort Detrick ..................................................... $4,000,000

Missouri ................................ Fort Leonard Wood ......................................... $31,850,000

New Jersey ............................ Picatinny Arsenal ........................................... $9,900,000

New Mexico ........................... White Sands Missile Range ........................... $33,000,000

New York .............................. Fort Drum ....................................................... $13,650,000

Fort Hamilton ................................................. $7,600,000

Hancock Field ................................................. $6,000,000

Military Entrance Processing Station, Buffalo ............................................................... $6,200,000

United States Military Academy, West Point $60,000,000

North Carolina ..................... Fort Bragg ....................................................... $111,687,000

Oklahoma ............................. Fort Sill ........................................................... $17,800,000

Pennsylvania ........................ Letterkenny Depot ........................................... $5,400,000

Texas ..................................... Fort Bliss ......................................................... $19,400,000

Fort Hood ........................................................ $85,188,000

Fort Sam Houston .......................................... $11,400,000

Virginia ................................. Fort A.P. Hill .................................................. $10,775,000

Fort Lee ........................................................... $4,250,000

Fort Myer ........................................................ $49,526,000

Washington ........................... Fort Lewis ....................................................... $56,200,000

Total ............................................................. $1,623,450,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(a)(2), the Secretary of the Army may acquire real property and 

carry out military construction projects for the installations or locations outside the United States, and in the amounts set forth in the 

following table:

293

Army: Outside the United States 

Country Installation or Location Amount 

Germany ................................... Grafenwoehr .................................................... $77,200,000

Italy .......................................... Livorno ............................................................. $26,000,000

Korea ........................................ Camp Humphreys ........................................... $12,000,000

Total ............................................................. $115,200,000

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(a)(5)(A), the Secretary of the Army may construct or acquire 

family housing units (including land acquisition and supporting facilities) at the installations or locations, for the purposes, and in the 

amounts set forth in the following table:

Army: Family Housing 

State Installation or Location Purpose Amount 

Alaska ...................... Fort Richardson ........................ 92 Units ................... $42,000,000

Fort Wainwright ....................... 246 Units ................. $124,000,000

Arizona ..................... Fort Huachuca .......................... 205 Units ................. $41,000,000

Yuma Proving Grounds ........... 55 Units ................... $14,900,000

Kansas ...................... Fort Riley .................................. 126 Units ................. $33,000,000

New Mexico .............. White Sands Missile Range ..... 156 Units ................. $31,000,000

Oklahoma ................ Fort Sill ..................................... 247 Units ................. $47,000,000

Virginia .................... Fort Lee ..................................... 218 Units ................. $46,000,000

Fort Monroe .............................. 68 Units ................... $16,000,000

Total ....................................... ................................... $394,900,000

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(a)(5)(A), the Secretary of the Army may carry out architectural 

and engineering services and construction design activities with respect to the construction or improvement of family housing units in 

an amount not to exceed $29,209,000. 

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may 

improve existing military family housing units in an amount not to 

exceed $211,990,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2004, for military construction, land acquisition, and 

military family housing functions of the Department of the Army in 

the total amount of $3,537,141,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2101(a), $1,453,950,000. 

(2) For military construction projects outside the United 

States authorized by section 2101(b), $115,200,000. 

(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, 

$20,000,000. 

294

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$151,335,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $636,099,000. 

(B) For support of military family housing (including 

the functions described in section 2833 of title 10, United 

States Code), $926,507,000. 

(6) For the construction of phase 2 of a barracks complex, 

5th & 16th Street, at Fort Stewart/Hunter Army Air Field, 

Georgia, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697), $32,950,000. 

(7) For the construction of phase 3 of a barracks complex 

renewal, Capron Road, at Schofield Barracks, Hawaii, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–

107; 115 Stat. 1283), as amended by section 2105 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697), $48,000,000. 

(8) For the construction of phase 2 of the Lewis & Clark instructional facility at Fort Leavenworth, Kansas, authorized by 

section 2101(a) of the Military Construction Authorization Act 

for Fiscal Year 2003 (division B of Public Law 107–314; 116 

Stat. 2681), $44,000,000. 

(9) For the construction of phase 2 of a barracks complex 

at Wheeler Sack Army Air Field at Fort Drum, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–

136; 117 Stat. 1697), $48,000,000. 

(10) For the construction of phase 2 of a barracks complex, 

Bastogne Drive, Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for 

Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 

1697), $48,000,000. 

(11) For the construction of phase 3 of a maintenance complex at Fort Sill, Oklahoma, authorized by section 2101(a) of 

the Military Construction Authorization Act for Fiscal Year 

2003 (division B of Public Law 107–314; 116 Stat. 2681), 

$13,100,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2101 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a). (2) $41,000,000 (the balance of the amount authorized 

under section 2101(a) to upgrade Drum Road, Helemano Military Reservation, Hawaii). (3) $25,000,000 (the balance of the amount authorized 

under section 2101(a) for construction of a vehicle maintenance 

facility, Schofield Barracks, Hawaii). 

295

(4) $25,000,000 (the balance of the amount authorized 

under section 2101(a) for construction of a barracks complex, 

Fort Campbell, Kentucky). 

(5) $22,000,000 (the balance of the amount authorized 

under section 2101(a) for construction of trainee barracks, Basic 

Training Complex 1, Fort Knox, Kentucky). 

(6) $25,500,000 (the balance of the amount authorized 

under section 2101(a) for construction of a library and learning 

facility, United States Military Academy, West Point, New 

York). 

(7) $31,000,000 (the balance of the amount authorized 

under section 2101(a) for a barracks complex renewal project, 

Fort Bragg, North Carolina). 

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (11) of subsection (a) is 

the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $5,550,000, which represents prior year savings.

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2004 PROJECTS. 

(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECTS.—

The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 

117 Stat. 1697) is amended—

(1) in the item relating to Fort Stewart/Hunter Army Air 

Field, Georgia, by striking ‘‘$113,500,000’’ in the amount column and inserting ‘‘$114,450,000’’; 

(2) in the item relating to Fort Drum, New York, by striking ‘‘$130,700,000’’ in the amount column and inserting 

‘‘$135,700,000’’; and 

(3) by striking the amount identified as the total in the 

amount column and inserting ‘‘$1,043,150,000’’. 

(b) CONFORMING AMENDMENTS.—Section 2104(b) of that Act 

(117 Stat. 1700) is amended—

(1) in paragraph (2), by striking ‘‘$32,000,000’’ and inserting ‘‘$32,950,000’’; and 

(2) in paragraph (4), by striking ‘‘$43,000,000’’ and inserting ‘‘$48,000,000’’. 

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2003 PROJECT. 

(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.—

The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 

116 Stat. 2681), as amended by section 2105(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1700), is further amended—

(1) in the item relating to Fort Sill, Oklahoma, by striking 

‘‘$39,652,000’’ in the amount column and inserting 

‘‘$40,752,000’’; and 

(2) by striking the amount identified as the total in the 

amount column and inserting ‘‘$1,157,267,000’’. 

(b) CONFORMING AMENDMENT.—Section 2104(b)(6) of the Military Construction Authorization Act for Fiscal Year 2003 (division 

B of Public Law 107–314; 116 Stat. 2684) is amended by striking 

‘‘$25,000,000’’ and inserting ‘‘$26,100,000’’.

296

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. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(1), the Secretary of the Navy may acquire real property and 

carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the 

following table:

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ..................................... Marine Corps Air Station, Yuma ................... $26,670,000

California ................................. Marine Corps Air-Ground Task Force Training Center, Twentynine Palms .................... $15,700,000

Marine Corps Air Station, Camp Pendleton $11,540,000

Marine Corps Base, Camp Pendleton ............ $26,915,000

Marine Corps Logistics Base, Barstow .......... $4,930,000

Naval Air Facility, El Centro ......................... $54,331,000

Naval Air Station, North Island .................... $10,180,000

Naval Surface Warfare Center, Division Corona ............................................................... $9,850,000

Recruit Depot San Diego ................................. $8,110,000

Connecticut .............................. Naval Submarine Base, New London ............ $50,302,000

District of Columbia ................ Naval Observatory, Washington ..................... $3,239,000

Florida ...................................... Eglin Air Force Base ....................................... $2,060,000

Naval Station, Mayport .................................. $6,200,000

Georgia ..................................... Strategic Weapons Facility Atlantic, Kings 

Bay ................................................................ $16,000,000

Hawaii ...................................... Naval Shipyard, Pearl Harbor ....................... $5,100,000

Illinois ...................................... Naval Training Center, Great Lakes ............. $74,781,000

Indiana ..................................... Naval Surface Warfare Center, Crane ........... $12,600,000

Maine ........................................ Naval Air Station, Brunswick ........................ $6,220,000

Maryland ................................. Naval Surface Warfare Center, Indian Head $23,000,000

North Carolina ........................ Marine Corps Air Station, New River ........... $35,140,000

Marine Corps Base, Camp Lejeune ................ $11,030,000

Navy Outlying Landing Field, Washington 

County .......................................................... $136,900,000

Nevada ..................................... Naval Air Station, Fallon ............................... $4,980,000

Rhode Island ............................ Naval Air Station, Newport ........................... $5,490,000

South Carolina ........................ Marine Corps Air Station, Beaufort .............. $5,480,000

Naval Weapons Station, Charleston .............. $12,209,000

Virginia .................................... Camp Elmore Marine Corps Detachment ...... $13,500,000

Marine Corps Air Facility, Quantico ............. $73,838,000

Marine Corps Combat Development Command, Quantico ........................................... $25,090,000

Naval Air Station, Oceana ............................. $2,770,000

Naval Amphibious Base, Little Creek ............ $9,220,000

Naval Station, Norfolk .................................... $4,330,000

Naval Weapons Station, Yorktown ................ $9,870,000

Washington .............................. Naval Air Station, Whidbey Island ............... $1,990,000

Naval Shipyard, Puget Sound ....................... $20,305,000

Naval Station, Bremerton ............................... $74,125,000

Strategic Weapons Facility Pacific, Bangor .. $138,060,000

Total ............................................................. $952,055,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2204(a)(2), the Secretary of the Navy may acquire real property and 

carry out military construction projects for the installations or locaVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00322 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
297

tions outside the United States, and in the amounts, set forth in the 

following table:

Navy: Outside the United States 

Country Installation or Location Amount 

Diego Garcia ............................ Naval Support Facility, Diego Garcia ........... $17,500,000

Guam ........................................ Naval Public Works Center, Guam ................ $20,700,000

Naval Station, Guam ...................................... $12,500,000

Italy .......................................... Sigonella .......................................................... $22,550,000

Spain ........................................ Naval Station, Rota ........................................ $32,700,000

Total ............................................................. $105,950,000

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated pursuant to the authorization of appropriations in section 

2204(a)(3), the Secretary of the Navy may acquire real property and 

carry out military construction projects for unspecified installations 

or locations in the amount set forth in the following table:

Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Unspecified Worldwide ................................... $105,982,000

Total ............................................................. $105,982,000

SEC. 2202. FAMILY HOUSING. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2204(a)(6)(A), the Secretary of the Navy 

may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, for the purpose, and in the amount set forth in the following table:

Navy: Family Housing 

State Installation Purpose Amount 

North Carolina ........ Marine Corps Air Station, 

Cherry Point .......................... 198 Units ................. $27,002,000

Total ....................................... ................................... $27,002,000

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $112,105,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2004, for military construction, land acquisition, and 

military family housing functions of the Department of the Navy in 

the total amount of $1,897,245,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2201(a), $712,927,000. 

(2) For military construction projects outside the United 

States authorized by section 2201(b), $94,950,000. 

298

(3) For the military construction projects at unspecified 

worldwide locations authorized by section 2201(c), $40,000,000. 

(4) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, 

$12,000,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$87,067,000. 

(6) For military family housing functions: 

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $139,107,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United 

States Code), $696,304,000. 

(7) For the construction of increment 2 of the tertiary sewage treatment plant at Marine Corps Base, Camp Pendleton, 

California, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of 

Public Law 108–136; 117 Stat. 1703), $25,690,000. 

(8) For the construction of increment 2 of the general purpose berthing pier at Naval Weapons Station, Earle, New Jersey, authorized by section 2201(a) of the Military Construction 

Authorization Act for Fiscal Year 2004 (division B of Public 

Law 108–136; 117 Stat. 1704), $49,200,000. 

(9) For the construction of increment 2 of pier 11 replacement at Naval Station, Norfolk, Virginia, authorized by section 

2201(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 

1704), $40,000,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2201 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1), (2), and (3) of subsection (a). 

(2) $21,000,000 (the balance of the amount authorized 

under section 2201(a) for apron and hangar recapitalization, 

Naval Air Facility, El Centro, California). 

(3) $116,750,000 (the balance of the amount authorized 

under section 2201(a) for land acquisition for an outlying landing field in Washington County, North Carolina). 

(4) $34,098,000 (the balance of the amount authorized 

under section 2201(a) for construction of a White Side complex, 

Marine Corps Air Facility, Quantico, Virginia). 

(5) $40,000,000 (the balance of the amount authorized 

under section 2201(a) for construction of bachelor enlisted quarters, Naval Station, Bremerton, Washington). 

(6) $95,320,000 (the balance of the amount authorized 

under section 2201(a) for construction of a limited area processing and storage complex, Strategic Weapons Facility Pacific, 

Bangor, Washington). 

299

(7) $65,982,000 (the balance of the amount authorized 

under section 2201(c) for construction of a presidential helicopter programs support facility at an unspecified location). 

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (9) of subsection (a) is 

the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $5,549,000, which represents prior year savings.

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.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2304(a)(1), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for the installations or 

locations inside the United States, and in the amounts, set forth in 

the following table:

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ....................................... Elmendorf Air Force Base .............................. $52,057,000

Arizona ..................................... Davis-Monthan Air Force Base ...................... $17,029,000

Luke Air Force Base ........................................ $17,900,000

Arkansas .................................. Little Rock Air Force Base .............................. $8,931,000

California ................................. Beale Air Force Base ....................................... $10,186,000

Edwards Air Force Base ................................. $9,965,000

Travis Air Force Base ..................................... $18,894,000

Colorado ................................... Buckley Air Force Base ................................... $12,247,000

Delaware .................................. Dover Air Force Base ...................................... $9,500,000

Florida ...................................... Tyndall Air Force Base ................................... $27,614,000

Patrick Air Force Base .................................... $8,800,000

Georgia ..................................... Moody Air Force Base ..................................... $9,600,000

Robins Air Force Base ..................................... $21,900,000

Hawaii ...................................... Hickam Air Force Base ................................... $30,900,000

Maui Site ......................................................... $7,500,000

Louisiana ................................. Barksdale Air Force Base ............................... $13,800,000

Maryland ................................. Andrews Air Force Base .................................. $17,100,000

Mississippi ............................... Columbus Air Force Base ............................... $7,700,000

Missouri ................................... Whiteman Air Force Base ............................... $7,600,000

Montana ................................... Malmstrom Air Force Base ............................. $5,600,000

Nebraska .................................. Offutt Air Force Base ...................................... $6,221,000

New Mexico .............................. Cannon Air Force Base ................................... $9,500,000

Kirtland Air Force Base .................................. $9,200,000

North Carolina ........................ Pope Air Force Base ........................................ $15,150,000

North Dakota ........................... Minot Air Force Base ...................................... $8,900,000

Ohio .......................................... Wright-Patterson Air Force Base .................... $9,904,000

Oklahoma ................................. Altus Air Force Base ....................................... $7,000,000

Tinker Air Force Base ..................................... $8,000,000

South Carolina ........................ Shaw Air Force Base ....................................... $7,000,000

South Dakota ........................... Ellsworth Air Force Base ................................ $9,867,000

Tennessee .................................. Arnold Air Force Base .................................... $24,500,000

Texas ........................................ Dyess Air Force Base ....................................... $14,300,000

Lackland Air Force Base ................................ $2,596,000

Laughlin Air Force Base ................................. $6,900,000

Sheppard Air Force Base ................................ $50,284,000

Utah .......................................... Hill Air Force Base ......................................... $25,713,000

Wyoming ................................... F.E. Warren Air Force Base ........................... $5,500,000

Total ............................................................. $535,358,000

300

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2304(a)(2), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for the installations or 

locations outside the United States, and in the amounts, set forth 

in the following table:

Air Force: Outside the United States 

Country Installation or Location Amount 

Germany ................................... Ramstein Air Base .......................................... $25,404,000

Greenland ................................. Thule Air Base ................................................. $19,800,000

Guam ........................................ Andersen Air Force Base ................................. $19,593,000

Italy .......................................... Aviano Air Base ............................................... $6,760,000

Korea ........................................ Kunsan Air Base ............................................. $37,100,000

Osan Air Base .................................................. $18,600,000 

Portugal .................................... Lajes Field, Azores .......................................... $5,689,000

Spain ........................................ Naval Station, Rota ........................................ $14,153,000

United Kingdom ...................... Royal Air Force Lakenheath ........................... $5,500,000

Total ............................................................. $152,599,000

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2304(a)(3), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for the unspecified installations or locations, and in the amounts, set forth in the following table:

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Classified Locations ........................................ $26,121,000

Unspecified Worldwide ................................... $28,090,000

Total ............................................................. $54,211,000

SEC. 2302. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2304(a)(6)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, for the purposes, 

and in the amounts set forth in the following table:

Air Force: Family Housing 

State Installation or Location Purpose Amount 

Arizona ..................... Davis-Monthan Air Force Base 250 Units ................. $48,500,000

California ................. Edwards Air Force Base .......... 218 Units ................. $41,202,000

Vandenberg Air Force Base ..... 120 Units ................. $30,906,000

Florida ..................... MacDill Air Force Base ............ 61 Units ................... $21,723,000

MacDill Air Force Base ............ Housing Maintenance Facility ...... $1,250,000

Idaho ........................ Mountain Home Air Force 

Base ........................................ 147 Units ................. $39,333,000

Mississippi ............... Columbus Air Force Base ........ Housing Management Facility ........ $711,000

Missouri ................... Whiteman Air Force Base ........ 160 Units ................. $37,087,000

Montana ................... Malmstrom Air Force Base ...... 115 Units ................. $29,910,000

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Air Force: Family Housing—Continued

State Installation or Location Purpose Amount 

North Carolina ........ Seymour Johnson Air Force 

Base ........................................ 167 Units ................. $32,693,000

North Dakota ........... Grand Forks Air Force Base .... 90 Units ................... $26,169,000

Minot Air Force Base ............... 142 Units ................. $37,087,000

South Carolina ........ Charleston Air Force Base ....... Fire Station ............. $1,976,000

South Dakota ........... Ellsworth Air Force Base ......... 75 Units ................... $21,482,000 

Texas ........................ Dyess Air Force Base ................ 127 Units ................. $28,664,000

Goodfellow Air Force Base ....... 127 Units ................. $20,604,000

Germany .................. Ramstein Air Base .................... 144 Units ................. $57,691,000

Italy .......................... Aviano Air Base ........................ Housing Office ......... $2,542,000

Korea ........................ Osan Air Base ........................... 117 Units ................. $46,834,000

United Kingdom ...... Royal Air Force Lakenheath .... 154 Units ................. $43,976,000

Total ....................................... ................................... $570,340,000

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2304(a)(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities 

with respect to the construction or improvement of military family 

housing units in an amount not to exceed $38,266,000. 

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may 

improve existing military family housing units in an amount not to 

exceed $238,353,000. 

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2004, for military construction, land acquisition, and 

military family housing functions of the Department of the Air 

Force in the total amount of $2,559,768,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2301(a), $525,358,000. 

(2) For military construction projects outside the United 

States authorized by section 2301(b), $142,771,000. 

(3) For military construction projects at unspecified worldwide locations authorized by section 2301(c), $54,211,000. 

(4) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, 

$13,000,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$124,085,000. 

(6) For military family housing functions: 

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $846,959,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United 

States Code), $853,384,000.

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853 of 

302

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2301 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1), (2), and (3) of subsection (a). (2) $10,000,000 (the balance of the amount authorized 

under section 2301(a) for construction of a hanger for an aircraft maintenance unit, Tyndall Air Force Base, Florida). 

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (6) of subsection (a) is 

the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $5,550,000, which represents prior year savings.

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.

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2404(a)(1), the Secretary of Defense may acquire real property and 

carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the 

following table:

Defense Agencies: Inside the United States 

Agency Installation or Location Amount 

Defense Intelligence Agency .... Bolling Air Force Base, District of Columbia $6,000,000

Defense Logistics Agency ......... Defense Distribution Depot, New Cumberland, Pennsylvania ................................. $22,300,000

Defense Distribution Depot, Richmond, Virginia .............................................................. $10,100,000

Defense Fuel Support Point, Naval Air Station, Oceana, Virginia ................................. $3,589,000

Marina Corps Air Station, Cherry Point, 

North Carolina ............................................ $22,700,000

Naval Air Station, Kingsville, Texas ............. $3,900,000

Naval Station, Pearl Harbor, Hawaii ........... $3,500,000

Tinker Air Force Base, Oklahoma ................. $5,400,000 

Travis Air Force Base, California .................. $15,100,000

Missile Defense Agency ............ Redstone Arsenal, Alabama ............................ $19,560,000

National Security Agency ........ Fort Meade, Maryland .................................... $15,007,000

Special Operations Command Corona, California .......................................... $13,600,000

Fleet Combat Training Center, Dam Neck, 

Virginia ........................................................ $5,700,000

Fort A.P. Hill, Virginia ................................... $1,500,000

Fort Bragg, North Carolina ............................ $42,888,000

Fort Campbell, Kentucky ................................ $3,500,000

Fort Stewart/Hunter Army Air Field, Georgia ................................................................. $17,600,000

Hurlburt Field, Florida .................................. $2,500,000

Naval Amphibious Base, Little Creek, Virginia .............................................................. $33,200,000

Niland, California ........................................... $1,000,000

TRICARE Management Activity .......................................... Buckley Air Force Base, Colorado .................. $2,100,000

Defense Language Institute, Presidio, Monterey .............................................................. $6,700,000

Fort Belvoir, Virginia ...................................... $100,000,000

Fort Benning, Georgia .................................... $7,100,000

Langley Air Force Base, Virginia ................... $50,800,000

303

Defense Agencies: Inside the United States—Continued

Agency Installation or Location Amount 

Marine Corps Recruit Depot, Parris Island, 

South Carolina ............................................ $25,000,000

Naval Air Station, Jacksonville, Florida ...... $28,438,000

Total ............................................................. $468,782,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2404(a)(2), the Secretary of Defense may acquire real property and 

carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the 

following table:

Defense Agencies: Outside the United States 

Agency Installation or Location Amount 

Defense Education Activity ..... Grafenwoehr, Germany ................................... $36,247,000

Naval Station, Guam ...................................... $26,964,000

Vilseck, Germany ............................................. $9,011,000

Defense Logistics Agency ......... Defense Fuel Support Point, Lajes Field, 

Portugal ........................................................ $19,113,000

Special Operations Command Naval Station, Guam, Mariana Islands ........ $2,200,000

TRICARE Management Activity .......................................... Diego Garcia .................................................... $3,800,000

Grafenwoehr, Germany ................................... $13,000,000

Total ............................................................. $110,335,000

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated pursuant to the authorization of appropriations in section 

2404(a)(3), the Secretary of Defense may acquire real property and 

carry out military construction projects for the installations or locations, and in the amounts, set forth in the following table:

Defense Agencies: Unspecified Worldwide 

Location Installation or Location Amount 

Special Operations Command Classified Locations ........................................ $7,400,000

Unspecified Worldwide ................................... $2,900,000

Total ............................................................. $10,300,000

SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(9)(A), the Secretary of Defense may improve existing military family housing units in an amount not to exceed $49,000. 

SEC. 2403. ENERGY CONSERVATION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2404(a)(7), the Secretary of Defense may 

carry out energy conservation projects under section 2865 of title 10, 

United States Code, in the amount of $50,000,000. 

304

SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2004, for military construction, land acquisition, and military family housing 

functions of the Department of Defense (other than the military departments) in the total amount of $1,055,663,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2401(a), $411,782,000. 

(2) For military construction projects outside the United 

States authorized by section 2401(b), $110,335,000. 

(3) For the military construction projects at unspecified 

worldwide locations authorized by section 2401(c), $10,300,000. 

(4) For unspecified minor military construction projects 

under section 2805 of title 10, United States Code, $20,938,000. 

(5) For contingency construction projects of the Secretary of 

Defense under section 2804 of title 10, United States Code, 

$10,000,000. 

(6) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$62,182,000. 

(7) For energy conservation projects authorized by section 

2403 of this Act, $50,000,000. 

(8) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990 

(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

note), $246,116,000. 

(9) For military family housing functions: 

(A) For improvement of military family housing and 

facilities, $49,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United 

States Code), $49,575,000. 

(C) For credit to the Department of Defense Family 

Housing Improvement Fund established by section 

2883(a)(1) of title 10, United States Code, $2,500,000. 

(10) For the construction of phase 6 of an ammunition demilitarization facility at Pueblo Depot Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–

201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839) and section 2407 

of the Military Construction Authorization Act for Fiscal Year 

2003 (division B of Public Law 107–314; 116 Stat. 2698), 

$44,792,000. 

(11) For the construction of phase 5 of an ammunition demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–

65; 113 Stat. 835), as amended by section 2405 of the Military 

Construction Authorization Act of 2002 (division B of Public 

Law 107–107; 115 Stat. 1298) and section 2405 of the Military 

Construction Authorization Act for Fiscal Year 2003 (division B 

of Public Law 107–314; 116 Stat. 2698), $37,094,000. 

305

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853 of 

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2401 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1), (2) and (3) of subsection (a). (2) $57,000,000 (the balance of the amount authorized 

under section 2401(a) for hospital replacement, Fort Belvoir, 

Virginia).

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM

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

Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from the 

North Atlantic Treaty Organization as a result of construction previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2004, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, 

for the share of the United States of the cost of projects for the North 

Atlantic Treaty Organization Security Investment program authorized by section 2501, in the amount of $160,800,000.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2004, for the costs of acquisition, architectural and engineering services, and construction of facilities 

for the Guard and Reserve Forces, and for contributions therefor, 

under chapter 1803 of title 10, United States Code (including the 

cost of acquisition of land for those facilities), the following 

amounts: 

(1) For the Department of the Army—

(A) for the Army National Guard of the United States, 

$434,363,000; and 

(B) for the Army Reserve, $90,310,000. 

(2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $48,185,000. 

(3) For the Department of the Air Force—

(A) for the Air National Guard of the United States, 

$233,518,000; and 

(B) for the Air Force Reserve, $122,756,000.

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TITLE XXVII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS

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

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

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

projects.

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.—Except as provided in subsection (b), all authorizations contained in 

titles XXI through XXVI for military construction projects, land acquisition, family housing projects and facilities, and contributions 

to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor) shall expire on 

the later of—

(1) October 1, 2007; or 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2008. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family 

housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor), for which appropriated 

funds have been obligated before the later of—

(1) October 1, 2007; or 

(2) the date of the enactment of an Act authorizing funds 

for fiscal year 2008 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment program. 

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2002 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2002 (division B of 

Public Law 107–107; 115 Stat. 1301), authorizations set forth in the 

tables in subsection (b), as provided in section 2101, 2302, or 2601 

of that Act, shall remain in effect until October 1, 2005, or the date 

of the enactment of an Act authorizing funds for military construction for fiscal year 2006, whichever is later. 

(b) TABLES.—The tables referred to in subsection (a) are as follows:

Army: Extension of 2002 Project Authorizations 

State Installation or Location Project Amount 

Alaska ............................ Fort Wainwright ........... Power plant cooling 

tower ........................... $23,000,000

Hawaii ........................... Pohakuloa Training Facility ........................... Parker Ranch land acquisition ..................... $1,500,000

307

Air Force: Extension of 2002 Project Authorizations 

State Installation or Location Project Amount 

Colorado ......................... Buckley Air Force Base Family housing (55 

Units) ......................... $11,400,000

Louisiana ....................... Barksdale Air Force 

Base ............................ Family housing (56 

Units) ......................... $7,300,000

Army National Guard: Extension of 2002 Project Authorization 

State Installation or Location Project Amount 

California ....................... Lancaster ....................... Readiness Center .......... $4,530,000

SEC. 2703. EXTENSION AND RENEWAL OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2001 PROJECTS. 

(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701 

of the Military Construction Authorization Act for Fiscal Year 2001 

(division B 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–407)), authorizations set forth in the tables in 

subsection (b), as provided in section 2102 or 2401 of that Act and, 

in the case of the authorization set forth in the first table in subsection (b), extended by section 2702 of the Military Construction 

Authorization Act for Fiscal Year 2004 (division B of Public Law 

108–136; 117 Stat. 1716), shall remain in effect until October 1, 

2005, or the date of the enactment of an Act authorizing funds for 

military construction for fiscal year 2006, whichever is later. 

(b) TABLES.—The tables referred to in subsection (a) are as follows:

Army: Extension of 2001 Project Authorization 

State Installation or Location Project Amount 

South Carolina .............. Fort Jackson .................. Family housing (1 unit) $250,000

Defense Agencies: Renewal of 2001 Project Authorization 

Agency Installation or Location Project Amount 

Defense Education Activity ............................ Osan Air Base, Korea ... Osan Elementary 

School addition ......... $843,000

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Modification of approval and notice requirements for facility repair 

projects. 

Sec. 2802. Reporting requirements regarding military family housing requirements 

for general officers and flag officers. 

Sec. 2803. Congressional notification of deviations from authorized cost variations 

for military construction projects and military family housing projects. 

Sec. 2804. Assessment of vulnerability of military installations to terrorist attack 

and annual report on military construction requirements related to 

antiterrorism and force protection. 

Sec. 2805. Repeal of limitations on use of alternative authority for acquisition and 

improvement of military housing. 

Sec. 2806. Additional reporting requirements relating to alternative authority for acquisition and improvement of military housing. 

308

Sec. 2807. Temporary authority to accelerate design efforts for military construction 

projects carried out using design-build selection procedures. 

Sec. 2808. Notification thresholds and requirements for expenditures or contributions for acquisition of facilities for reserve components. 

Sec. 2809. Authority to exchange reserve component facilities to acquire replacement 

facilities. 

Sec. 2810. One-year extension of temporary, limited authority to use operation and 

maintenance funds for construction projects outside the United States. 

Sec. 2811. Consideration of combination of military medical treatment facilities and 

health care facilities of Department of Veterans Affairs. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Reorganization of existing administrative provisions relating to real property transactions. 

Sec. 2822. Development of Heritage Center for the National Museum of the United 

States Army. 

Sec. 2823. Elimination of reversionary interests clouding United States title to property used as Navy homeports. 

Subtitle C—Base Closure and Realignment 

Sec. 2831. Establishment of specific deadline for submission of revisions to forcestructure plan and infrastructure inventory. 

Sec. 2832. Specification of final selection criteria for 2005 base closure round. 

Sec. 2833. Repeal of authority of Secretary of Defense to recommend that installations be placed in inactive status. 

Sec. 2834. Voting requirements for Defense Base Closure and Realignment Commission to add to or otherwise expand closure and realignment recommendations made by Secretary of Defense. 

Subtitle D—Land Conveyances 

PART I—ARMY CONVEYANCES

Sec. 2841. Land conveyance, Sunflower Army Ammunition Plant, Kansas. 

Sec. 2842. Land exchange, Fort Campbell, Kentucky and Tennessee. 

Sec. 2843. Land conveyance, Louisiana Army Ammunition Plant, Doyline, Louisiana. 

Sec. 2844. Land conveyance, Fort Leonard Wood, Missouri. 

Sec. 2845. Transfer of administrative jurisdiction, Defense Supply Center, Columbus, Ohio. 

Sec. 2846. Jurisdiction and utilization of former public domain lands, Umatilla 

Chemical Depot, Oregon. 

Sec. 2847. Modification of authority for land conveyance, equipment and storage 

yard, Charleston, South Carolina. 

Sec. 2848. Land conveyance, Fort Hood, Texas. 

Sec. 2849. Land conveyance, local training area for Browning Army Reserve Center, 

Utah. 

Sec. 2850. Land conveyance, Army Reserve Center, Hampton, Virginia. 

Sec. 2851. Land conveyance, Army National Guard Facility, Seattle, Washington. 

Sec. 2852. Modification of land exchange and consolidation, Fort Lewis, Washington. 

PART II—NAVY CONVEYANCES

Sec. 2861. Land exchange, former Richmond Naval Air Station, Florida. 

Sec. 2862. Land conveyance, Honolulu, Hawaii. 

Sec. 2863. Land conveyance, Navy property, former Fort Sheridan, Illinois. 

Sec. 2864. Land exchange, Naval Air Station, Patuxent River, Maryland. 

Sec. 2865. Modification of land acquisition authority, Perquimans County, North 

Carolina. 

Sec. 2866. Land conveyance, Naval Weapons Station, Charleston, South Carolina. 

Sec. 2867. Land conveyance, Navy YMCA building, Portsmouth, Virginia. 

PART III—AIR FORCE CONVEYANCES

Sec. 2871. Land exchange, Maxwell Air Force Base, Alabama. 

Sec. 2872. Land conveyance, March Air Force Base, California. 

Sec. 2873. Land conveyance, former Griffiss Air Force Base, New York. 

PART IV—OTHER CONVEYANCES

Sec. 2881. Land exchange, Arlington County, Virginia. 

309

Subtitle E—Other Matters 

Sec. 2891. One-year resumption of Department of Defense Laboratory Revitalization 

Demonstration Program. 

Sec. 2892. Designation of Airmen Leadership School at Luke Air Force Base, Arizona, in honor of John J. Rhodes, a former minority leader of the House 

of Representatives. 

Sec. 2893. Settlement of claim of Oakland Base Reuse Authority and Redevelopment 

Agency. 

Sec. 2894. Report on establishment of mobilization station at Camp Ripley National 

Guard Training Center, Little Falls, Minnesota. 

Sec. 2895. Report on feasibility of establishment of veterans memorial at Marine 

Corps Air Station, El Toro, California. 

Sec. 2896. Sense of Congress regarding effect of military housing policies and force 

structure and basing changes on local educational agencies. 

Sec. 2897. Sense of Congress and study regarding memorial honoring non-United 

States citizens killed in the line of duty while serving in the United 

States Armed Forces.

Subtitle A—Military Construction Program and Military 

Family Housing Changes

SEC. 2801. MODIFICATION OF APPROVAL AND NOTICE REQUIREMENTS 

FOR FACILITY REPAIR PROJECTS. 

(a) INCREASE IN THRESHOLD FOR APPROVAL REQUIREMENT.—

Subsection (b) of section 2811 of title 10, United States Code, is 

amended by striking ‘‘$5,000,000’’ and inserting ‘‘$7,500,000’’. 

(b) DECREASE IN THRESHOLD FOR CONGRESSIONAL NOTIFICATION.—Subsection (d) of such section is amended by striking 

‘‘$10,000,000’’ and inserting ‘‘$7,500,000’’. 

(c) INFORMATION REQUIRED IN COST ESTIMATE FOR MULTIYEAR PROJECTS.—Subsection (d)(1) of such section is amended by 

inserting before the semicolon the following: ‘‘, including, in the case 

of a multi-year repair project to a single facility, the total cost of all 

phases of the project’’.

SEC. 2802. REPORTING REQUIREMENTS REGARDING MILITARY FAMILY 

HOUSING REQUIREMENTS FOR GENERAL OFFICERS AND 

FLAG OFFICERS. 

(a) REPORTS ON COST OF GENERAL AND FLAG OFFICERS QUARTERS.—Section 2831 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(e) REPORTS ON COST OF GENERAL OFFICERS AND FLAG OFFICERS QUARTERS.—(1) As part of the budget materials submitted to 

Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31, the Secretary of Defense 

shall submit a report—

‘‘(A) identifying each family housing unit used, or intended 

for use, as quarters for a general officer or flag officer for which 

the total operation, maintenance, and repair costs for the unit 

are anticipated to exceed $35,000 in the next fiscal year; and 

‘‘(B) for each family housing unit so identified, specifying 

the total of such anticipated operation, maintenance, and repair 

costs for the unit. 

‘‘(2) Not later than 120 days after the end of each fiscal year, 

the Secretary of Defense shall submit to the congressional defense 

committees a report specifying, for each family housing unit used as 

quarters for a general officer or flag officer at any time during that 

fiscal year, the total expenditures for operation and maintenance, 

utilities, lease, and repairs of the unit during that fiscal year.’’. 

310

(b) NOTICE AND WAIT REQUIREMENT.—Such section is further 

amended by inserting after subsection (e), as added by subsection 

(a), the following new subsection: 

‘‘(f) NOTICE AND WAIT REQUIREMENT.—(1) Except as provided 

in paragraphs (2) and (3), the Secretary concerned may not carry 

out a maintenance or repair project for a family housing unit used, 

or intended for use, as quarters for a general officer or flag officer 

if the project will or may result in the total operation, maintenance, 

and repair costs for the unit for the fiscal year to exceed $35,000, 

until—

‘‘(A) the Secretary concerned submits to the congressional 

defense committees, in writing, a justification of the need for the 

maintenance or repair project and an estimate of the cost of the 

project; and 

‘‘(B) a period of 21 days has expired following the date on 

which the justification and estimate are received by the committees or, if over sooner, a period of 14 days has expired following 

the date on which a copy of the justification and estimate are 

provided in an electronic medium pursuant to section 480 of 

this title. 

‘‘(2) The project justification and cost estimate required by paragraph (1)(A) may be submitted after the commencement of a maintenance or repair project for a family housing unit used, or intended 

for use, as quarters for a general officer or flag officer if the project 

is a necessary enviromental remediation project for the unit or is 

necessary for occupant safety or security, and the need for the 

project arose after the submission of the most recent report under 

subsection (e). 

‘‘(3) Paragraph (1) shall not apply in the case of a family housing unit used, or intended for use, as quarters for a general officer 

or flag officer if the unit was identified in the most recent report 

submitted under subsection (e) and the cost of the maintenance or 

repair project was included in the total of anticipated operation, 

maintenance, and repair costs for the unit specified in the report.’’. 

(c) REPORT ON NEED FOR GENERAL AND FLAG OFFICERS QUARTERS IN NATIONAL CAPITAL REGION.—Not later than March 30, 

2005, the Secretary of Defense shall submit to the congressional defense committees a report containing an analysis of anticipated 

needs in the National Capital Region for family housing units for 

general officers and flag officers. In conducting the analysis, the 

Secretary shall consider the extent of available housing in the National Capital Region and the necessity of providing housing for 

general officers and flag officers in secure locations. 

(d) REPORT ON CURRENT WORLD-WIDE INVENTORY OF GENERAL

AND FLAG OFFICERS QUARTERS.—Not later than March 30, 2005, 

the Secretary of Defense shall submit to the congressional defense 

committees a report—

(1) containing a worldwide inventory of family housing 

units used, or intended for use, for general officers and flag officers; and 

(2) identifying annual expenditures for fiscal years 2002, 

2003, and 2004 for operation and maintenance, utilities, leases, 

and repairs of each unit. 

(e) DEFINITIONS.—In this section: 

311

(1) The terms ‘‘general officer’’ and ‘‘flag officer’’ have the 

meanings given such terms in section 101(b) of title 10, United 

States Code. 

(2) The term ‘‘National Capital Region’’ has the meaning 

given such term in section 2674(f) of such title. 

SEC. 2803. CONGRESSIONAL NOTIFICATION OF DEVIATIONS FROM AUTHORIZED COST VARIATIONS FOR MILITARY CONSTRUCTION PROJECTS AND MILITARY FAMILY HOUSING 

PROJECTS. 

Section 2853(c)(3) of title 10, United States Code, is amended 

by inserting before the period at the end the following: ‘‘or, if over 

sooner, a period of 14 days has elapsed after the date on which a 

copy of the notification is provided in an electronic medium pursuant to section 480 of this title’’.

SEC. 2804. ASSESSMENT OF VULNERABILITY OF MILITARY INSTALLATIONS TO TERRORIST ATTACK AND ANNUAL REPORT ON 

MILITARY CONSTRUCTION REQUIREMENTS RELATED TO 

ANTITERRORISM AND FORCE PROTECTION. 

(a) ANNUAL ASSESSMENT AND REPORT.—(1) Chapter 169 of title 

10, United States Code, is amended by inserting after section 2858 

the following new section: 

‘‘§ 2859. Construction requirements related to antiterrorism 

and force protection 

‘‘(a) ANTITERRORISM AND FORCE PROTECTION GUIDANCE AND

CRITERIA.—The Secretary of Defense shall develop common guidance and criteria to be used by each Secretary concerned— 

‘‘(1) to assess the vulnerability of military installations located inside and outside of the United States to terrorist attack; 

‘‘(2) to develop construction standards designed to reduce 

the vulnerability of structures to terrorist attack and improve 

the security of the occupants of such structures; 

‘‘(3) to prepare and carry out military construction projects, 

such as gate and fenceline construction, to improve the physical 

security of military installations; and 

‘‘(4) to assist in prioritizing such projects within the military construction budget of each of the armed forces. 

‘‘(b) VULNERABILITY ASSESSMENTS.—The Secretary of Defense 

shall require vulnerability assessments of military installations to 

be conducted, at regular intervals, using the criteria developed 

under subsection (a). 

‘‘(c) MILITARY CONSTRUCTION REQUIREMENTS.—As part of the 

budget materials submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of 

title 31, but in no case later than March 15 of each year, the Secretary of Defense shall submit a report, in both classified and unclassified form, describing—

‘‘(1) the location and results of the vulnerability assessments conducted under subsection (b) during the most recently 

completed fiscal year; 

‘‘(2) the military construction requirements anticipated to 

be necessary during the period covered by the then-current future-years defense plan under section 221 of this title to improve 

the physical security of military installations; and 

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‘‘(3) the extent to which funds to meet those requirements 

are not requested in the Department of Defense budget for the 

fiscal year for which the budget is submitted.’’. 

(2) The table of sections at the beginning of subchapter III of 

chapter 169 of such title is amended by inserting after the item relating to section 2858 the following new item:

‘‘2859. Construction requirements related to antiterrorism and force protection.’’.

(b) SPECIAL REQUIREMENT FOR 2006 REPORT.—In the case of 

the report required to be submitted in 2006 under section 2859(c) of 

title 10, United States Code, as added by subsection (a), the Secretary of Defense shall include a certification by the Secretary that 

since September 11, 2001, assessments regarding the vulnerability 

of military installations to terrorist attack have been undertaken for 

all major military installations. The Secretary shall indicate the 

basis by which the Secretary differentiated between major and 

nonmajor military installations for purposes of making the certification.

SEC. 2805. REPEAL OF LIMITATIONS ON USE OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING. 

(a) REPEAL OF BUDGET AUTHORITY LIMITATION ON USE OF AUTHORITY.—Section 2883 of title 10, United States Code, is amended 

by striking subsection (g). 

(b) REPEAL OF TERMINATION DATE ON USE OF AUTHORITY.—(1) 

Section 2885 of such title is repealed. 

(2) The table of sections at the beginning of subchapter IV of 

chapter 169 of such title is amended by striking the item relating 

to section 2885.

SEC. 2806. ADDITIONAL REPORTING REQUIREMENTS RELATING TO ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING. 

(a) PROJECT REPORTS.—Paragraph (2) of subsection (a) of section 2884 of title 10, United States Code, is amended to read as follows: 

‘‘(2) For each proposed contract, conveyance, or lease described 

in paragraph (1), the report required by such paragraph shall include the following: 

‘‘(A) A description of the contract, conveyance, or lease, including a summary of the terms of the contract, conveyance, or 

lease. 

‘‘(B) A description of the authorities to be utilized in entering into the contract, conveyance, or lease and the intended 

method of participation of the United States in the contract, 

conveyance, or lease, including a justification of the intended 

method of participation. 

‘‘(C) A statement of the scored cost of the contract, conveyance, or lease, as determined by the Office of Management and 

Budget. 

‘‘(D) A statement of the United States funds required for the 

contract, conveyance, or lease and a description of the source of 

such funds. 

‘‘(E) An economic assessment of the life cycle costs of the 

contract, conveyance, or lease, including an estimate of the 

amount of United States funds that would be paid over the life 

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of the contract, conveyance, or lease from amounts derived from 

payments of government allowances, including the basic allowance for housing under section 403 of title 37, if the housing affected by the project were fully occupied by military personnel 

over the life of the contract, conveyance, or lease.’’. 

(b) ANNUAL REPORTS.—Subsection (b) of such section is amended—

(1) by redesignating paragraph (5) as paragraph (6); and 

(2) by inserting after paragraph (4) the following new paragraph (5): 

‘‘(5) A report setting forth, by armed force—

‘‘(A) an estimate of the amounts of basic allowance for 

housing under section 403 of title 37 that will be paid, during the current fiscal year and the fiscal year for which the 

budget is submitted, to members of the armed forces living 

in housing provided under the authorities in this subchapter; and 

‘‘(B) the number of units of military family housing 

and military unaccompanied housing upon which the estimate under subparagraph (A) for the current fiscal year 

and the next fiscal year is based.’’.

SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DESIGN EFFORTS 

FOR MILITARY CONSTRUCTION PROJECTS CARRIED OUT 

USING DESIGN-BUILD SELECTION PROCEDURES. 

Section 2305a of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(f) SPECIAL AUTHORITY FOR MILITARY CONSTRUCTION

PROJECTS.—(1) The Secretary of a military department may use 

funds available to the Secretary under section 2807(a) or 18233(e) 

of this title to accelerate the design effort in connection with a military construction project for which the two-phase selection procedures described in subsection (c) are used to select the contractor for 

both the design and construction portion of the project before the 

project is specifically authorized by law and before funds are appropriated for the construction portion of the project. Notwithstanding 

the limitations contained in such sections, use of such funds for the 

design portion of a military construction project may continue despite the subsequent authorization of the project. The advance notice 

requirement of section 2807(b) of this title shall continue to apply 

whenever the estimated cost of the design portion of the project exceeds the amount specified in such section. 

‘‘(2) Any military construction contract that provides for an accelerated design effort, as authorized by paragraph (1), shall include as a condition of the contract that the liability of the United 

States in a termination for convenience may not exceed the actual 

costs incurred as of the termination date. 

‘‘(3) For each fiscal year during which the authority provided 

by this subsection is in effect, the Secretary of a military department 

may select not more than two military construction projects to include the accelerated design effort authorized by paragraph (1) for 

each armed force under the jurisdiction of the Secretary. To be eligible for selection under this subsection, a request for the authorization of the project, and for the authorization of appropriations for 

the project, must have been included in the annual budget of the 

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President for a fiscal year submitted to Congress under section 

1105(a) of title 31. 

‘‘(4) Not later than March 1, 2007, the Secretary of Defense 

shall submit to the congressional defense committees a report evaluating the usefulness of the authority provided by this subsection in 

expediting the design and construction of military construction 

projects. The authority provided by this subsection expires September 30, 2007, except that, if the report required by this paragraph is not submitted by March 1, 2007, the authority shall expire 

on that date.’’.

SEC. 2808. NOTIFICATION THRESHOLDS AND REQUIREMENTS FOR EXPENDITURES OR CONTRIBUTIONS FOR ACQUISITION OF 

FACILITIES FOR RESERVE COMPONENTS. 

(a) AUTHORITY TO CARRY OUT SMALL PROJECTS.—Section 

18233a of title 10, United States Code, is amended to read as follows: 

‘‘§ 18233a. Notice and wait requirements for certain projects 

‘‘(a) CONGRESSIONAL NOTIFICATION.—Except as provided in 

subsection (b), an expenditure or contribution in an amount in excess of $750,000 may not be made under section 18233 of this title 

for any facility until—

‘‘(1) the Secretary of Defense has notified the congressional 

defense committees of the location, nature, and estimated cost 

of the facility; and 

‘‘(2) a period of 21 days has elapsed after the notification 

has been received by those committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of 

the notification is provided in an electronic medium pursuant 

to section 480 of this title. 

‘‘(b) CERTAIN EXPENDITURES OR CONTRIBUTIONS EXEMPTED.—

Subsection (a) does not apply to expenditures or contributions for 

the following: 

‘‘(1) Facilities acquired by lease. 

‘‘(2) A project for a facility that has been authorized by 

Congress, if the location and purpose of the facility are the 

same as when authorized and if, based upon bids received—

‘‘(A) the scope of work of the project, as approved by 

Congress, is not proposed to be reduced by more than 25 

percent; and 

‘‘(B) the current working estimate of the cost of the 

project does not exceed the amount approved for the project 

by more than the lesser of the following: 

‘‘(i) 25 percent. 

‘‘(ii) 200 percent of the amount specified by section 

2805(a)(2) of this title as the maximum amount for a 

minor military construction project. 

‘‘(3) A repair project (as that term is defined in section 

2811(e) of this title) that costs less than $7,500,000.’’. 

(b) RECODIFICATION OF LIMITED AUTHORITY TO USE OPERATION

AND MAINTENANCE FUNDS.—Chapter 1803 of such title is amended 

by inserting after section 18233a the following new section: 

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‘‘§ 18233b. Authority to carry out small projects with operation and maintenance funds 

‘‘Under such regulations as the Secretary of Defense may prescribe, the Secretary may expend, from appropriations available for 

operation and maintenance, amounts necessary to carry out any 

project authorized under section 18233(a) of this title that costs not 

more than—

‘‘(1) the amount specified in section 2805(c)(1)(A) of this 

title, in the case of a project intended solely to correct a deficiency that is life-threatening, health-threatening, or safetythreatening; or 

‘‘(2) the amount specified in section 2805(c)(1)(B) of this 

title, in the case of any other project.’’. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1803 of such title is amended by striking the item 

relating to section 18233a and inserting the following new items:

‘‘18233a. Notice and wait requirements for certain projects. 

‘‘18233b. Authority to carry out small projects with operation and maintenance 

funds.’’.

SEC. 2809. AUTHORITY TO EXCHANGE RESERVE COMPONENT FACILITIES TO ACQUIRE REPLACEMENT FACILITIES. 

(a) EXCHANGE AUTHORITY.—(1) Chapter 1803 of title 10, United 

States Code, is amended by adding at the end the following new section:

‘‘§ 18240. Acquisition of facilities by exchange 

‘‘(a) EXCHANGE AUTHORITY.—In addition to the acquisition authority provided by section 18233 of this title, the Secretary of Defense may authorize the Secretary of a military department to acquire a facility, or addition to an existing facility, needed to satisfy 

military requirements for a reserve component by carrying out an 

exchange of an existing facility under the control of that Secretary 

through an agreement with a State, local government, local authority, or private entity. 

‘‘(b) FACILITIES ELIGIBLE FOR EXCHANGE.—Only a facility of a 

reserve component that is not excess property (as defined in section 

102(3) of title 40) may be exchanged using the authority provided 

by this section. 

‘‘(c) EQUAL VALUE EXCHANGE.—In any exchange carried out 

using the authority provided by this section, the value of the replacement facility, or addition to an existing facility, acquired by the 

United States shall be at least equal to the fair market value of the 

facility conveyed by the United States under the agreement. If the 

values are unequal, the values may not be equalized by any payment of cash consideration by either party to the agreement. 

‘‘(d) REQUIREMENTS FOR REPLACEMENT FACILITIES.—The Secretary of a military department may not accept a replacement facility, or addition to an existing facility, to be acquired by the United 

States in an exchange carried out using the authority provided by 

this section until that Secretary determines that the facility or addition—

‘‘(1) is complete and usable, fully functional, and ready for 

occupancy; 

‘‘(2) satisfies all operational requirements; and 

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‘‘(3) meets all applicable Federal, State, and local requirements relating to health, safety, fire, and the environment. 

‘‘(e) CONSULTATION REQUIREMENTS.—The Secretary of a military department authorized to enter into an agreement under subsection (a) to convey an existing facility under the control of that 

Secretary by exchange shall consult with representatives of other reserve components to evaluate—

‘‘(1) the value of using the facility to meet the military requirements of another reserve component, instead of conveying 

the facility under this section; and 

‘‘(2) the feasibility of using the conveyance of the facility to 

acquire a facility, or an addition to an existing facility, that 

would be jointly used by more than one reserve component or 

unit. 

‘‘(f) ADVANCE NOTICE OF PROPOSED EXCHANGE.—(1) When a decision is made to enter into an agreement under subsection (a) to 

exchange a facility using the authority provided by this section, the 

Secretary of the military department authorized to enter into the 

agreement shall submit to the congressional defense committees a 

report on the proposed agreement. The report shall include the following: 

‘‘(A) A description of the agreement, including the terms 

and conditions of the agreement, the parties to be involved in 

the agreement, the origin of the proposal that lead to the agreement, the intended use of the facility to be conveyed by the 

United States under the agreement, and any costs to be incurred by the United States to make the exchange under the 

agreement. 

‘‘(B) A description of the facility to be conveyed by the 

United States under the agreement, including the current condition and fair market value of the facility, and a description of 

the method by which the fair market value of the facility was 

determined. 

‘‘(C) Information on the facility, or addition to an existing 

facility, to be acquired by the United States under the agreement and the intended use of the facility or addition, which 

shall meet requirements for information provided to Congress 

for military construction projects to obtain a similar facility or 

addition to an existing facility. 

‘‘(D) A certification that the Secretary complied with the 

consultation requirements under subsection (e). 

‘‘(E) A certification that the conveyance of the facility under 

the agreement is in the best interests of the United States and 

that the Secretary used competitive procedures to the maximum 

extent practicable to protect the interests of the United States. 

‘‘(2) The agreement described in a report prepared under paragraph (1) may be entered into, and the exchange covered by the 

agreement made, only after the end of the 30-day period beginning 

on the date the report is received by the congressional defense committees or, if earlier, the end of the 21-day period beginning on the 

date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title. 

‘‘(3) Section 2662 of this title shall not apply to an exchange 

carried out using the authority provided by this section. 

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‘‘(g) RELATION TO OTHER MILITARY CONSTRUCTION REQUIREMENTS.—The acquisition of a facility, or an addition to an existing 

facility, using the authority provided by this section shall not be 

treated as a military construction project for which an authorization 

is required by section 2802 of this title.’’.

(2) The table of sections at the beginning of such chapter is 

amended by adding at the end the following new item:

‘‘18240. Acquisition of facilities by exchange.’’.

(b) CONFORMING AMENDMENT.—Section 18233(f)(2) of such title 

is amended by striking ‘‘gift, exchange of Government-owned land, 

or otherwise’’ and inserting ‘‘or gift’’.

(c) TEMPORARY AUTHORITY TO INCLUDE CASH EQUALIZATION

PAYMENTS IN EXCHANGE.—(1) Notwithstanding subsection (c) of section 18240 of title 10, United States Code, as added by subsection 

(a), the Secretary of Defense may authorize the Secretary of a military department, as part of an exchange agreement under such section, to make or accept a cash equalization payment if the value of 

the facility, or addition to an existing facility, to be acquired by the 

United States under the agreement is not equal to the fair market 

value of the facility to be conveyed by the United States under the 

agreement. All other requirements of such section shall continue to 

apply to the exchange. 

(2) Cash equalization payments received by the Secretary of a 

military department under this subsection shall be deposited in a 

separate account in the Treasury. Amounts in the account shall be 

available to the Secretary of Defense, without further appropriation 

and until expended, for transfer to the Secretary of a military department—

(A) to make any cash equalization payments required to be 

made by the United States in connection with an exchange 

agreement covered by this subsection, and the account shall be 

the only source for such payments; and 

(B) to cover costs associated with the maintenance, protection, alteration, repair, improvement, or restoration (including 

environmental restoration) of facilities, and additions to existing facilities, acquired using an exchange agreement covered by 

this subsection. 

(3) Not more than 15 exchange agreements under section 18240 

of title 10, United States Code, may include the exception for cash 

equalization payments authorized by this subsection. Of those 15 exchange agreements, not more than eight may be for the same reserve 

component. 

(4) In this section, the term ‘‘facility’’ has the meaning given 

that term in section 18232(2) of title 10, United States Code. 

(5) No cash equalization payment may be made or accepted 

under the authority of this subsection after September 30, 2007. Except as otherwise specifically authorized by law, the authority provided by this subsection to make or accept cash equalization payments in connection with the acquisition or disposal of facilities of 

the reserve components is the sole authority available in law to the 

Secretary of Defense or the Secretary of a military department for 

that purpose. 

(6) Not later than March 1, 2008, the Secretary of Defense shall 

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318

cise of the authority provided by this subsection. The report shall include the following: 

(A) A description of the exchange agreements under section 

18240 of title 10, United States Code, that included the authority to make or accept cash equalization payments. 

(B) A description of the analysis and criteria used to select 

such agreements for inclusion of the authority to make or accept 

cash equalization payments. 

(C) An assessment of the utility to the Department of Defense of the authority, including recommendations for modifications of such authority in order to enhance the utility of such 

authority for the Department. 

(D) An assessment of interest in the future use of the authority, in the event the authority is extended. 

(E) An assessment of the advisability of making the authority, including any modifications of the authority recommended 

under subparagraph (C), permanent.

SEC. 2810. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR 

CONSTRUCTION PROJECTS OUTSIDE THE UNITED 

STATES. 

Section 2808 of the Military Construction Authorization Act for 

Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 

1723) is amended—

(1) in subsection (a), by inserting ‘‘and, subject to subsection 

(d)(2), fiscal year 2005’’ after ‘‘During fiscal year 2004’’; 

(2) in subsection (c)(1), by striking ‘‘in fiscal year 2004’’ and 

inserting ‘‘in a fiscal year’’; and 

(3) in subsection (d)—

(A) by inserting ‘‘(1)’’ before ‘‘Not later than’’; 

(B) by striking ‘‘fiscal year 2004,’’ and inserting ‘‘fiscal 

years 2004 and 2005,’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(2) The ability to use this section as authority during fiscal 

year 2005 to obligate appropriated funds available for operation 

and maintenance to carry out construction projects outside the 

United States shall commence only after the date on which the Secretary of Defense submits to the congressional committees specified 

in subsection (f) all of the quarterly reports that were required 

under paragraph (1) for fiscal year 2004.’’.

SEC. 2811. CONSIDERATION OF COMBINATION OF MILITARY MEDICAL 

TREATMENT FACILITIES AND HEALTH CARE FACILITIES 

OF DEPARTMENT OF VETERANS AFFAIRS. 

(a) DEPARTMENT OF DEFENSE CONSIDERATION OF JOINT CON- STRUCTION.—When considering any military construction project for 

the construction of a new military medical treatment facility in the 

United States or a territory or possession of the United States, the 

Secretary of Defense shall consult with the Secretary of Veterans Affairs regarding the feasibility of carrying out a joint project to construct a medical facility that—

(1) could serve as a facility for health-resources sharing between the Department of Defense and the Department of Veterans Affairs; and 

(2) would be no more costly to each Department to construct 

and operate than separate facilities for each Department.

319

(b) DEPARTMENT OF VETERANS AFFAIRS CONSIDERATION OF

JOINT CONSTRUCTION.—When considering the construction of a new 

or replacement medical facility for the Department of Veterans Affairs, the Secretary of Veterans Affairs shall consult with the Secretary of Defense regarding the feasibility of carrying out a joint 

project to construct a medical facility that—

(1) could serve as a facility for health-resources sharing between the Department of Veterans Affairs and the Department 

of Defense; and 

(2) would be no more costly to each Department to construct 

and operate than separate facilities for each Department. 

Subtitle B—Real Property and Facilities Administration

SEC. 2821. REORGANIZATION OF EXISTING ADMINISTRATIVE PROVISIONS RELATING TO REAL PROPERTY TRANSACTIONS. 

(a) LIMITATION ON COMMISSIONS.—(1) Section 2661 of title 10, 

United States Code, is amended by adding at the end the following 

new subsection: 

‘‘(c) COMMISSIONS ON LAND PURCHASE CONTRACTS.—The maximum amount payable as a commission on a contract for the purchase of land from funds appropriated for the Department of Defense is two percent of the purchase price.’’. 

(2) Section 2666 of such title is repealed. 

(b) REPEAL OF OBSOLETE AUTHORITY TO ACQUIRE LAND FOR

TIMBER PRODUCTION.—Section 2664 of such title is repealed. 

(c) CONSOLIDATION OF CERTAIN PROVISIONS ON USE OF FACILI- TIES.—(1) Section 2670 of such title is amended by adding at the 

end the following new subsection: 

‘‘(c) USE OF SPACE AND EQUIPMENT BY VETERANS SERVICE OR- GANIZATIONS.—(1) Upon certification to the Secretary concerned by 

the Secretary of Veterans Affairs, the Secretary concerned shall 

allow accredited, paid, full-time representatives of the organizations 

named in section 5902 of title 38, or of other organizations recognized by the Secretary of Veterans Affairs, to function on military 

installations under the jurisdiction of the Secretary concerned that 

are on land and from which persons are discharged or released 

from active duty. 

‘‘(2) The commanding officer of a military installation allowing 

representatives to function on the installation under paragraph (1) 

shall allow the representatives to use available space and equipment 

at the installation. 

‘‘(3) This subsection does not authorize the violation of measures 

of military security.’’. 

(2) Section 2679 of such title is repealed. 

(3) The regulations prescribed to carry out section 2679 of title 

10, United States Code, as in effect on the day before the date of 

the enactment of this Act, shall remain in effect with regard to section 2670(c) of such title, as added by paragraph (1), until changed 

by joint action of the Secretary concerned (as defined in section 

101(9) of such title) and the Secretary of Veterans Affairs. 

(d) AVAILABILITY OF FUNDS FOR ACQUISITION OF CERTAIN INTERESTS IN REAL PROPERTY.—(1) Section 2672 of such title is 

amended by adding at the end the following new subsection: 

‘‘(d) AVAILABILITY OF FUNDS.—Appropriations available to the 

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tion may be used for the acquisition of land or interests in land 

under this section.’’. 

(2) Section 2673 of such title is repealed. 

(3) Section 2675 of such title is amended—

(A) by inserting ‘‘(a) LEASE AUTHORITY; DURATION.—’’ before ‘‘The Secretary’’; and 

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

‘‘(b) AVAILABILITY OF FUNDS.—Appropriations available to the 

Department of Defense for operation and maintenance or construction may be used for the acquisition of interests in land under this 

section.’’. 

(e) STYLISTIC AND CLERICAL AMENDMENTS.—(1) Section 2661 of 

such title is further amended—

(A) in subsection (a), by inserting ‘‘AVAILABILITY OF OPERATION AND MAINTENANCE FUNDS.—’’ after ‘‘(a)’’ ; and 

(B) in subsection (b), by inserting ‘‘LEASING AND ROAD

MAINTENANCE AUTHORITY.—’’ after ‘‘(b)’’. 

(2) The heading of section 2670 of such title is amended to read 

as follows: 

‘‘§ 2670. Use of facilities by private organizations; use as polling places’’. 

(3) The table of sections at the beginning of chapter 159 of such 

title is amended—

(A) by striking the items relating to sections 2664, 2666, 

2673, and 2679; and 

(B) by striking the item relating to section 2670 and inserting the following new item:

‘‘2670. Use of facilities by private organizations; use as polling places.’’.

SEC. 2822. DEVELOPMENT OF HERITAGE CENTER FOR THE NATIONAL 

MUSEUM OF THE UNITED STATES ARMY. 

(a) AUTHORITY TO ENTER INTO AGREEMENT FOR DEVELOPMENT

OF CENTER.—Chapter 449 of title 10, United States Code, is amended by inserting after section 4771 the following new section:

‘‘§ 4772. Heritage Center for the National Museum of the 

United States Army: development and operation 

‘‘(a) AGREEMENT FOR DEVELOPMENT OF CENTER.—The Secretary of the Army may enter into an agreement with the Army Historical Foundation, a nonprofit organization, for the design, construction, and operation of a facility or group of facilities at Fort 

Belvoir, Virginia, for the National Museum of the United States 

Army. The facility or group of facilities constructed pursuant to the 

agreement shall be known as the Heritage Center for the National 

Museum of the United States Army (in this section referred to as the 

‘Center’). 

‘‘(b) PURPOSE OF CENTER.—The Center shall be used for the 

identification, curation, storage, and public viewing of artifacts and 

artwork of significance to the United States Army, as agreed to by 

the Secretary of the Army. The Center may also be used to support 

such education, training, research, and associated purposes as the 

Secretary considers appropriate. 

‘‘(c) DESIGN AND CONSTRUCTION.—(1) The design of the Center 

shall be subject to the approval of the Secretary of the Army. 

321

‘‘(2) For each phase of the development of the Center, the Secretary may—

‘‘(A) accept funds from the Army Historical Foundation for 

the design and construction of such phase of the Center; or 

‘‘(B) permit the Army Historical Foundation to contract for 

the design and construction of such phase of the Center. 

‘‘(d) ACCEPTANCE BY SECRETARY.—Upon the satisfactory completion, as determined by the Secretary of the Army, of any phase 

of the Center, and upon the satisfaction of any financial obligations 

incident to such phase of the Center by the Army Historical Foundation, the Secretary shall accept such phase of the Center from the 

Army Historical Foundation, and all right, title, and interest in and 

to such phase of the Center shall vest in the United States. Upon 

becoming the property of the United States, the Secretary shall assume administrative jurisdiction over the Center. 

‘‘(e) USE OF CERTAIN GIFTS.—(1) Under regulations prescribed 

by the Secretary of the Army, the Commander of the United States 

Army Center of Military History may, without regard to section 

2601 of this title, accept, hold, administer, invest, and spend any 

gift, devise, or bequest of personal property of a value of $250,000 

or less made to the United States if such gift, devise, or bequest is 

for the benefit of the National Museum of the United States Army 

or the Center. 

‘‘(2) The Secretary may pay or authorize the payment of any 

reasonable and necessary expense in connection with the conveyance 

or transfer of a gift, devise, or bequest under this subsection. 

‘‘(f) LEASE OF FACILITY.—(1) Under such terms and conditions 

as the Secretary of the Army considers appropriate, the Secretary 

may lease portions of the Center to the Army Historical Foundation 

to be used by the Foundation, consistent with the purpose of the 

Center, for—

‘‘(A) generating revenue for activities of the Center through 

rental use by the public, commercial and nonprofit entities, 

State and local governments, and other Federal agencies; and 

‘‘(B) such administrative purposes as may be necessary for 

the support of the Center. 

‘‘(2) The annual amount of consideration paid to the Secretary 

by the Army Historical Foundation for a lease under paragraph (1) 

may not exceed an amount equal to the actual cost, as determined 

by the Secretary, of the annual operations and maintenance of the 

Center. 

‘‘(3) Notwithstanding any other provision of law, the Secretary 

shall use amounts paid under paragraph (2) to cover the costs of operation of the Center. 

‘‘(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Army may require such additional terms and conditions in connection with the agreement authorized by subsection (a) as the Secretary considers appropriate to protect the interests of the United 

States.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 4771 the following new item:

‘‘4772. Heritage Center for the National Museum of the United States Army: development and operation.’’.

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SEC. 2823. ELIMINATION OF REVERSIONARY INTERESTS CLOUDING 

UNITED STATES TITLE TO PROPERTY USED AS NAVY 

HOMEPORTS. 

(a) AUTHORITY TO ACQUIRE COMPLETE TITLE.—If real property 

owned by the United States and used as a Navy homeport is subject 

to a reversionary interest of any kind, the Secretary of the Navy may 

enter into an agreement with the holder of the reversionary interest 

to acquire the reversionary interest and thereby secure for the 

United States all right, title, and interest in and to the property. 

(b) AUTHORIZED CONSIDERATION.—(1) As consideration for the 

acquisition of a reversionary interest under subsection (a), the Secretary shall provide the holder of the reversionary interest with inkind consideration, to be determined pursuant to negotiations between the Secretary and the holder of the reversionary interest. 

(2) In determining the type and value of any in-kind consideration to be provided for the acquisition of a reversionary interest 

under subsection (a), the Secretary shall take into account the nature of the reversionary interest, including whether it would require 

the holder of the reversionary interest to pay for any improvements 

acquired by the holder as part of the reversion of the real property, 

and the long-term use and ultimate disposition of the real property 

if the United States were to acquire all right, title, and interest in 

and to the real property subject to the reversionary interest. 

(c) PROHIBITED CONSIDERATION.—Cash payments are not authorized to be made as consideration for the acquisition of a reversionary interest under subsection (a).

Subtitle C—Base Closure and Realignment

SEC. 2831. ESTABLISHMENT OF SPECIFIC DEADLINE FOR SUBMISSION 

OF REVISIONS TO FORCE-STRUCTURE PLAN AND INFRASTRUCTURE INVENTORY. 

Section 2912(a)(4) of the Defense Base Closure and Realignment 

Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note) is amended by striking ‘‘as part of the budget justification documents submitted to Congress for fiscal year 2006.’’ and inserting the following: ‘‘not later than March 15, 2005. For purposes 

of selecting military installations for closure or realignment under 

this part in 2005, no revision of the force-structure plan or infrastructure inventory is authorized after that date.’’.

SEC. 2832. SPECIFICATION OF FINAL SELECTION CRITERIA FOR 2005 

BASE CLOSURE ROUND. 

Section 2913 of the Defense Base Closure and Realignment Act 

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

note) is amended to read as follows: 

‘‘SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF 

BASE CLOSURES AND REALIGNMENTS. 

‘‘(a) FINAL SELECTION CRITERIA.—The final criteria to be used 

by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under 

this part in 2005 shall be the military value and other criteria specified in subsections (b) and (c). 

‘‘(b) MILITARY VALUE CRITERIA.—The military value criteria are 

as follows: 

‘‘(1) The current and future mission capabilities and the 

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ment of Defense, including the impact on joint warfighting, 

training, and readiness. 

‘‘(2) The availability and condition of land, facilities, and 

associated airspace (including training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of 

climate and terrain areas and staging areas for the use of the 

Armed Forces in homeland defense missions) at both existing 

and potential receiving locations. 

‘‘(3) The ability to accommodate contingency, mobilization, 

surge, and future total force requirements at both existing and 

potential receiving locations to support operations and training. 

‘‘(4) The cost of operations and the manpower implications. 

‘‘(c) OTHER CRITERIA.—The other criteria that the Secretary 

shall use in making recommendations for the closure or realignment 

of military installations inside the United States under this part in 

2005 are as follows: 

‘‘(1) The extent and timing of potential costs and savings, 

including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed 

the costs. 

‘‘(2) The economic impact on existing communities in the vicinity of military installations. 

‘‘(3) The ability of the infrastructure of both the existing 

and potential receiving communities to support forces, missions, 

and personnel. 

‘‘(4) The environmental impact, including the impact of 

costs related to potential environmental restoration, waste management, and environmental compliance activities. 

‘‘(d) PRIORITY GIVEN TO MILITARY VALUE.—The Secretary shall 

give priority consideration to the military value criteria specified in 

subsection (b) in the making of recommendations for the closure or 

realignment of military installations. 

‘‘(e) EFFECT ON DEPARTMENT AND OTHER AGENCY COSTS.—The 

selection criteria relating to the cost savings or return on investment 

from the proposed closure or realignment of military installations 

shall take into account the effect of the proposed closure or realignment on the costs of any other activity of the Department of Defense 

or any other Federal agency that may be required to assume responsibility for activities at the military installations. 

‘‘(f) RELATION TO OTHER MATERIALS.—The final selection criteria specified in this section shall be the only criteria to be used, 

along with the force-structure plan and infrastructure inventory referred to in section 2912, in making recommendations for the closure or realignment of military installations inside the United 

States under this part in 2005. 

‘‘(g) RELATION TO CRITERIA FOR EARLIER ROUNDS.—Section 

2903(b), and the selection criteria prepared under such section, 

shall not apply with respect to the process of making recommendations for the closure or realignment of military installations in 

2005.’’. 

(c) CONFORMING AMENDMENTS.—The Defense Base Closure and 

Realignment Act of 1990 is amended—

(1) in section 2912(c)(1)(A), by striking ‘‘criteria prepared 

under section 2913’’ and inserting ‘‘criteria specified in section 

2913’’; and 

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(2) in section 2914(a), by striking ‘‘criteria prepared by the 

Secretary under section 2913’’ and inserting ‘‘criteria specified 

in section 2913’’.

SEC. 2833. REPEAL OF AUTHORITY OF SECRETARY OF DEFENSE TO 

RECOMMEND THAT INSTALLATIONS BE PLACED IN INACTIVE STATUS. 

Section 2914 of the Defense Base Closure and Realignment Act 

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

note) is amended by striking subsection (c).

SEC. 2834. VOTING REQUIREMENTS FOR DEFENSE BASE CLOSURE AND 

REALIGNMENT COMMISSION TO ADD TO OR OTHERWISE 

EXPAND CLOSURE AND REALIGNMENT RECOMMENDATIONS MADE BY SECRETARY OF DEFENSE. 

Subsection (d) of section 2914 of the Defense Base Closure and 

Realignment Act of 1990 (part A of title XXIX of Public Law 101–

510; 10 U.S.C. 2687 note), as added by section 3003 of the Military 

Construction Authorization Act for Fiscal Year 2002 (division B of 

Public Law 107–107; 115 Stat, 1346) and amended by section 2854 

of the Military Construction Authorization Act for Fiscal Year 2003 

(division B of Public Law 107–314; 116 Stat. 2728), is amended—

(1) in paragraph (3), by striking ‘‘TO ADD’’ and inserting 

‘‘TO CONSIDER ADDITIONS’’; and 

(2) by striking paragraph (5) and inserting the following 

new paragraph: 

‘‘(5) REQUIREMENTS TO EXPAND CLOSURE OR REALIGNMENT

RECOMMENDATIONS.—In the report required under section 

2903(d)(2)(A) that is to be transmitted under paragraph (1), the 

Commission may not make a change in the recommendations of 

the Secretary that would close a military installation not recommended for closure by the Secretary, would realign a military installation not recommended for closure or realignment by 

the Secretary, or would expand the extent of the realignment of 

a military installation recommended for realignment by the 

Secretary unless—

‘‘(A) at least two members of the Commission visit the 

military installation before the date of the transmittal of 

the report; and 

‘‘(B) the decision of the Commission to make the change 

to recommend the closure of the military installation, the 

realignment of the installation, or the expanded realignment of the installation is supported by at least seven members of the Commission.’’.

Subtitle D—Land Conveyances 

PART I—ARMY CONVEYANCES

SEC. 2841. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION 

PLANT, KANSAS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army, in 

consultation with the Administrator of General Services, may convey to an entity selected by the Board of Commissioners of Johnson 

County, Kansas (in this section referred to as the ‘‘entity’’ and the 

‘‘Board’’, respectively), all right, title, and interest of the United 

States in and to a parcel of real property, including any improveVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00350 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
325

ments thereon, consisting of approximately 9,065 acres and containing the Sunflower Army Ammunition Plant. The purpose of the 

conveyance is to facilitate the re-use of the property for economic development and revitalization. 

(b) CONSIDERATION.—(1) As consideration for the conveyance 

under subsection (a), the entity shall provide the United States, 

whether by cash payment, in-kind consideration, or a combination 

thereof, an amount that is not less than the fair market value of the 

conveyed property, as determined by an appraisal of the property acceptable to the Administrator and the Secretary. As a form of inkind consideration for the conveyance of the property, the Secretary 

may authorize the entity to carry out environmental remediation activities for the conveyed property. 

(2) Cash consideration received under paragraph (1) shall be 

deposited in the special account in the Treasury established under 

subsection (b) of section 572 of title 40, United States Code, and 

shall be available in accordance with paragraph (5)(B)(i) of such 

subsection. 

(c) CONSTRUCTION WITH PREVIOUS LAND CONVEYANCE AUTHORITY.—The conveyance authority provided by subsection (a) is in 

addition to the conveyance authority provided by section 2823 of the 

Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2712) to convey a portion 

of the Sunflower Army Ammunition Plant to the Johnson County 

Park and Recreation District. 

(d) AGREEMENTS CONCERNING ENVIRONMENTAL REMEDIATION

AND EXPLOSIVES CLEANUP.—(1) The Secretary, in consultation with 

the Administrator, may enter into a multi-year cooperative agreement or contract with the entity for the environmental remediation 

and explosives cleanup of the conveyed property, and may utilize 

amounts authorized to be appropriated to the Secretary for purposes 

of environmental remediation and explosives cleanup under the 

agreement or contract. 

(2) The cooperative agreement or contract may provide for advance payments on an annual basis or for payments on a performance basis. Payments may be made over a period of time agreed to 

by the Secretary and the entity or for such time as may be necessary 

to perform the environmental remediation and explosives cleanup of 

the property, including any long-term operation and maintenance 

requirements. 

(e) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary 

may require the entity to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including survey 

costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected 

from the entity in advance of the Secretary incurring the actual 

costs, and the amount collected exceeds the costs actually incurred 

by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the entity. 

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary in carrying out the conveyance. 

Amounts so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and subject 

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to the same conditions and limitations, as amounts in such fund or 

account. 

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary and the 

Administrator. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary and 

the Administrator may require such additional terms and conditions in connection with the conveyance of real property under subsection (a), and the environmental remediation and explosives cleanup under subsection (d), as the Secretary and the Administrator 

jointly consider appropriate to protect the interests of the United 

States. 

SEC. 2842. LAND EXCHANGE, FORT CAMPBELL, KENTUCKY AND TENNESSEE. 

(a) LAND EXCHANGE AUTHORIZED.—In exchange for the real 

property described in subsection (b), the Secretary of the Army may 

convey to Bi-County Solid Waste Management System, a local government agency (in this section referred to as ‘‘Bi-County’’), all right, 

title, and interest of the United States in and to a parcel of real 

property, including any improvements thereon, consisting of approximately 358 acres located at Fort Campbell in Montgomery 

County, Tennessee, for the purpose of permitting Bi-County to expand a landfill facility. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), Bi-County shall convey to the United States all right, 

title, and interest of Bi-County in and to a parcel of real property 

consisting of approximately 670 acres located adjacent to Fort 

Campbell in Trigg County, Kentucky, and Stewart County, Tennessee. The Secretary shall have jurisdiction over the real property 

received under this subsection. 

(c) CONDITION OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the condition that Bi-County construct 

a fence, acceptable to the Secretary, consisting of at least six-foot 

high, nine-gauge chain-link and three-strand barbed wire along the 

boundary between Fort Campbell and the real property conveyed 

under subsection (a). 

(d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary 

may require Bi-County to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyances under this section, including survey costs, 

costs related to environmental documentation, and other administrative costs related to the conveyances. If amounts are collected 

from Bi-County in advance of the Secretary incurring the actual 

costs, and the amount collected exceeds the costs actually incurred 

by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to Bi-County. 

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary in carrying out the conveyances. 

Amounts so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and subject 

to the same conditions and limitations, as amounts in such fund or 

account. 

327

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under this section shall 

be determined by surveys satisfactory to the Secretary and Bi-County. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2843. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, 

DOYLINE, LOUISIANA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the State of Louisiana (in this section referred to as the ‘‘State’’) all right, title, and interest of the 

United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 14,949 acres located at the Louisiana Army Ammunition Plant, Doyline, Louisiana. 

(b) CONDITIONS OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the following conditions: 

(1) That at least 13,500 acres of the real property conveyed 

under such subsection is maintained by the State for the purpose of military training, unless the Secretary determines that 

fewer acres are required for such purpose. 

(2) That the State ensure that any other uses made of the 

conveyed property do not adversely impact such military training. 

(3) That the State accommodate the use of the conveyed 

property, at no cost or fee, for meeting the present and future 

training needs of units of the Armed Forces, including units of 

the Louisiana National Guard and the other active and reserve 

components of the Armed Forces. 

(4) That the State assume the rights and responsibilities of 

the Department of the Army under the armaments retooling 

manufacturing support agreement between the Department of 

the Army and the facility use contractor with respect to the Louisiana Army Ammunition Plant, in accordance with the terms 

of such agreement in effect at the time of the conveyance. 

(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary 

may require the State to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including survey 

costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected 

from the State in advance of the Secretary incurring the actual 

costs, and the amount collected exceeds the costs actually incurred 

by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the State. 

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary in carrying out the conveyance. 

Amounts so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and subject 

to the same conditions and limitations, as amounts in such fund or 

account.

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(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. The 

cost of the survey shall be borne by the State. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2844. LAND CONVEYANCE, FORT LEONARD WOOD, MISSOURI. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the State of Missouri (in this section referred to as the ‘‘State’’) all right, title, and interest of the 

United States in and to a parcel of real property, including improvements thereon, consisting of approximately 227.7 acres at Fort Leonard Wood, Missouri, for the purpose of permitting the State to establish on the property a State-operated cemetery for veterans of the 

Armed Forces. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) is not 

being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the 

property shall revert, at the option of the Secretary, to the United 

States, and the United States shall have the right of immediate 

entry onto the property. Any determination of the Secretary under 

this subsection shall be made on the record after an opportunity for 

a hearing. 

(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary 

may require the State to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including survey 

costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected 

from the State in advance of the Secretary incurring the actual 

costs, and the amount collected exceeds the costs actually incurred 

by the State to carry out the conveyance, the Secretary shall refund 

the excess amount to the State. The authority of the Secretary to require the State to cover administrative costs related to the conveyance does not include costs related to any environmental remediation required for the property. 

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary in carrying out the conveyance. 

Amounts so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and subject 

to the same conditions and limitations, as amounts in such fund or 

account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

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SEC. 2845. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE 

SUPPLY CENTER, COLUMBUS, OHIO. 

(a) TRANSFER AUTHORIZED.—The Secretary of the Army may 

transfer, without reimbursement, to the administrative jurisdiction 

of the Secretary of Veterans Affairs a parcel of real property consisting of approximately 20 acres and comprising a portion of the 

Defense Supply Center in Columbus, Ohio. 

(b) USE OF PROPERTY.—The Secretary of Veterans Affairs may 

only use the property transferred under subsection (a) as the site for 

the construction of a new outpatient clinic for the provision of medical services to veterans. 

(c) COSTS.—Any administrative costs in connection with the 

transfer of property under subsection (a), including the costs of the 

survey required by subsection (e), shall be borne by the Secretary of 

Veterans Affairs. 

(d) RETURN OF JURISDICTION TO ARMY.—If construction of the 

outpatient clinic described in subsection (b) has not commenced on 

the property transferred under subsection (a) by the end of the threeyear period beginning on the date on which the property is transferred, the Secretary of Veterans Affairs shall return, at the request 

of the Secretary of the Army, administrative jurisdiction over the 

property to the Secretary of the Army. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be transferred under subsection 

(a) shall be determined by a survey satisfactory to the Secretary of 

the Army.

SEC. 2846. JURISDICTION AND UTILIZATION OF FORMER PUBLIC DOMAIN LANDS, UMATILLA CHEMICAL DEPOT, OREGON. 

(a) RETENTION OF JURISDICTION.—The various parcels of real 

property consisting of approximately 8,300 acres within the boundaries of Umatilla Chemical Depot, Oregon, that were previously 

withdrawn from the public domain are no longer suitable for return 

to the public domain and shall remain under the administrative jurisdiction of the Secretary of the Army. 

(b) UTILIZATION.—The Secretary shall combine the real property 

described in subsection (a) with other real property comprising the 

Umatilla Chemical Depot for purposes of their management and 

disposal pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act of 1988 (Public Law 

100–526; 10 U.S.C. 2687 note) and other applicable law.

SEC. 2847. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE, 

EQUIPMENT AND STORAGE YARD, CHARLESTON, SOUTH 

CAROLINA. 

Subsection (h) of section 563 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 360) is amended 

to read as follows: 

‘‘(h) CHARLESTON, SOUTH CAROLINA.—

‘‘(1) CONVEYANCE AUTHORIZED.—The Secretary may convey 

to the City of Charleston, South Carolina (in this subsection referred to as the ‘City’), all right, title, and interest of the United 

States in and to a parcel of real property of the Corps of Engineers, including any improvements thereon, that is known as 

the Equipment and Storage Yard and consists of approximately 

1.06 acres located on Meeting Street in Charleston, South Carolina. The property shall be conveyed in as-is condition. 

330

‘‘(2) CONSIDERATION.—As consideration for the conveyance 

under this subsection, the City shall provide the United States, 

whether by cash payment, in-kind consideration, or a combination thereof, an amount that is not less than the fair market 

value of the property conveyed, as determined by the Secretary. 

‘‘(3) USE OF PROCEEDS.—(A) Notwithstanding any requirements associated with the Plant Replacement and Improvement 

Program, amounts received as consideration under paragraph 

(2) may be used by the Corps of Engineers, Charleston District—

‘‘(i) to lease, purchase, or construct an office facility 

within the boundaries of Charleston, Berkeley, or Dorchester County, South Carolina; 

‘‘(ii) to cover costs associated with the design and furnishing of such facility; and 

‘‘(iii) to satisfy any Plant Replacement and Improvement Program balances. 

‘‘(B) Any amounts received as consideration under paragraph (2) that are in excess of the fair market value of the real 

property conveyed under this subsection may be used for any 

authorized activities of the Corps of Engineers, Charleston District. 

‘‘(4) DESCRIPTION OF PROPERTY.—The exact acreage and 

legal description of the real property to be conveyed under this 

subsection and any property transferred to the United States as 

consideration under paragraph (2) shall be determined by surveys satisfactory to the Secretary. 

‘‘(5) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 

may require such additional terms and conditions in connection 

with the conveyance under this subsection as the Secretary considers appropriate to protect the interests of the United States.’’.

SEC. 2848. LAND CONVEYANCE, FORT HOOD, TEXAS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to the Texas A&M University System of the State of Texas 

(in this section referred to as the ‘‘University System’’) all right, title, 

and interest of the United States in and to a parcel of real property, 

including improvements thereon, consisting of approximately 662 

acres at Fort Hood, Texas, for the sole purpose of permitting the 

University System to establish on the property an upper level (junior, senior, and graduate) university that will be State-supported, 

separate from other universities of the University System, and designated as Texas A&M University, Central Texas. 

(b) CONSIDERATION.—(1) As consideration for the conveyance 

under subsection (a), the University System shall pay to the United 

States an amount equal to the fair market value of the conveyed 

property, as determined pursuant to an appraisal acceptable to the 

Secretary. 

(2) In lieu of all or a portion of the cash consideration required 

by paragraph (1), the Secretary may accept in-kind consideration, 

including the conveyance by the University System of real property 

acceptable to the Secretary. 

(c) CONDITION OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the condition that the Secretary determine that the conveyance of the property and the establishment of 

a university on the property will not adversely impact the operation 

331

of Robert Grey Army Airfield, which is located on Fort Hood approximately one mile from the property authorized for conveyance. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. The 

cost of the survey shall be borne by the University System. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2849. LAND CONVEYANCE, LOCAL TRAINING AREA FOR BROWNING ARMY RESERVE CENTER, UTAH. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the State of Utah (in this section 

referred to as the ‘‘State’’) all right, title, and interest of the United 

States in and to a parcel of unimproved real property consisting of 

approximately 10 acres of the Local Training Area for the Browning 

Army Reserve Center, Utah, for the purpose of facilitating the construction and operation of a nursing-care facility for veterans. The 

parcel to be conveyed under this subsection shall be selected by the 

Secretary in consultation with the State. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) is not 

being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the 

property shall revert, at the option of the Secretary, to the United 

States, and the United States shall have the right of immediate 

entry onto the property. Any determination of the Secretary under 

this subsection shall be made on the record after an opportunity for 

a hearing. 

(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary 

may require the State to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including survey 

costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts paid to the 

Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the State. 

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary. Amounts so credited shall be 

merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and 

limitations, as amounts in such fund or account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

332

SEC. 2850. LAND CONVEYANCE, ARMY RESERVE CENTER, HAMPTON, 

VIRGINIA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the Hampton City School Board of 

Hampton, Virginia (in this section referred to as the ‘‘Board’’), all 

right, title, and interest of the United States in and to a parcel of 

real property, including any improvements thereon, that consists of 

approximately 13.42 acres, is located on Downey Farm Road in 

Hampton, Virginia, and is known as the Butler Farm United States 

Army Reserve Center for the purpose of permitting the Board to use 

the property for public education purposes. 

(b) CONDITION OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the condition that the Board accept the 

real property described in subsection (a) in its condition at the time 

of the conveyance, commonly known as conveyance ‘‘as is’’. 

(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary 

may require the Board to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including survey 

costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected 

from the Board in advance of the Secretary incurring the actual 

costs, and the amount collected exceeds the costs actually incurred 

by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Board. 

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary in carrying out the conveyance. 

Amounts so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and subject 

to the same conditions and limitations, as amounts in such fund or 

account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) shall 

be determined by a survey satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2851. LAND CONVEYANCE, ARMY NATIONAL GUARD FACILITY, SEATTLE, WASHINGTON. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the State of Washington (in this 

section referred to as the ‘‘State’’) all right, title, and interest of the 

United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 9.747 acres in Seattle, Washington, and comprising a portion of the National Guard 

Facility, Pier 91, for the purpose of permitting the State to convey 

the facility unencumbered for economic development purposes. 

(b) CONDITION OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the condition that the State accept the 

real property in its condition at the time of the conveyance, commonly known as conveyance ‘‘as is’’. 

(c) ADMINISTRATIVE EXPENSES.—(1) The State shall reimburse 

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333

retary in carrying out the conveyance under subsection (a), including expenses related to surveys and legal descriptions, boundary 

monumentation, environmental surveys, necessary documentation, 

travel, and deed preparation. 

(2) Section 2695(c) of title 10, United States Code, shall apply 

to any amounts received by the Secretary as reimbursement under 

this subsection. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) shall 

be determined by a survey satisfactory to the Secretary. The cost of 

the survey shall be borne by the United States, subject to the requirement for reimbursement under subsection (c). 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2852. MODIFICATION OF LAND EXCHANGE AND CONSOLIDATION, 

FORT LEWIS, WASHINGTON. 

(a) PROPERTY TO BE TRANSFERRED TO SECRETARY OF THE INTE- RIOR IN TRUST.—Subsection (a)(1) of section 2837 of the Military 

Construction Authorization Act for Fiscal Year 2002 (division B of 

Public Law 107–107; 115 Stat. 1315) is amended—

(1) by striking ‘‘may convey to’’ and inserting ‘‘may transfer 

to the Secretary of the Interior, in trust for’’; and 

(2) by striking ‘‘Washington, in’’ and all that follows 

through the period and inserting ‘‘Washington. The Secretary of 

the Army may make the transfer under the preceding sentence, 

and the Secretary of the Interior may accept the property transferred in trust for the Nisqually Tribe under the preceding sentence, only in conjunction with the conveyance described in subsection (b)(2).’’. 

(b) INCREASE IN ACREAGE TO BE TRANSFERRED.—Such subsection is further amended by striking ‘‘138 acres’’ and inserting 

‘‘168 acres’’. 

(c) QUALIFICATION ON PROPERTY TO BE TRANSFERRED.—Subsection (a)(2) of such section is amended—

(1) by striking ‘‘conveyance’’ and inserting ‘‘transfer’’; and 

(2) by striking ‘‘or the right of way described in subsection 

(c)’’ and inserting ‘‘located on the real property transferred 

under that paragraph’’. 

(d) CONSIDERATION.—Subsection (b) of such section is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘conveyance’’ and inserting ‘‘transfer’’; and 

(2) in paragraph (2), by striking ‘‘fee title over the acquired 

property to the Secretary’’ and inserting ‘‘to the United States 

fee title to the property acquired under paragraph (1), free from 

all liens, encumbrances or other interests other than those, if 

any, acceptable to the Secretary of the Army’’. 

(e) TREATMENT OF EXISTING PERMIT RIGHTS; GRANT OF EASEMENT.—Such section is further amended—

(1) by redesignating subsections (d) and (e) as subsections 

(e) and (f), respectively; and 

(2) by inserting after subsection (c) the following new subsection: 

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‘‘(d) TREATMENT OF EXISTING PERMIT RIGHTS; GRANT OF EASEMENT.—(1) The transfer under subsection (a) recognizes and preserves to the Bonneville Power Administration, in perpetuity and 

without the right of revocation except as provided in paragraph (2), 

rights in existence at the time of the conveyance under the permit 

dated February 4, 1949, as amended January 4, 1952, between the 

Department of the Army and the Bonneville Power Administration 

with respect to any portion of the property transferred under subsection (a) upon which the Bonneville Power Administration retains 

transmission facilities. The rights recognized and preserved include 

the right to upgrade those transmission facilities. 

‘‘(2) The permit rights recognized and preserved under paragraph (1) shall terminate only upon the Bonneville Power Administration’s relocation of the transmission facilities referred to in paragraph (1), and then only with respect to that portion of those transmission facilities that are relocated. 

‘‘(3) The Secretary of the Interior, as trustee for the Nisqually 

Tribe, shall grant to the Bonneville Power Administration, without 

consideration and subject to the same rights recognized and preserved in paragraph (1), such additional easements across the property transferred under subsection (a) as the Bonneville Power Administration considers necessary to accommodate the relocation or 

reconnection of Bonneville Power Administration transmission facilities from property owned by the Tribe and held by the Secretary 

of the Interior in trust for the Tribe.’’. 

(f) CONFORMING AMENDMENTS.—(1) Subsection (c) of such section is amended by inserting ‘‘of the Army’’ after ‘‘Secretary’’. 

(2) Subsection (e) of such section (as redesignated by subsection 

(e)(1)) is amended—

(A) by striking ‘‘conveyed’’ and inserting ‘‘transferred’’; 

(B) by inserting ‘‘of the Army’’ after ‘‘Secretary’’; and 

(C) by striking ‘‘the recipient of the property being surveyed’’ 

and inserting ‘‘the Tribe, in the case of the transfer under subsection (a), and the Secretary of the Army, in the case of the acquisition under subsection (b)’’. 

(3) Subsection (f) of such section (as redesignated by subsection 

(e)(1)) is amended—

(A) by inserting ‘‘of the Army’’ after ‘‘Secretary’’ both place 

it appears; and 

(B) by striking ‘‘conveyances under this section’’ and inserting ‘‘transfer under subsection (a) and conveyances under subsections (b)(2) and (c)’’. 

PART II—NAVY CONVEYANCES

SEC. 2861. LAND EXCHANGE, FORMER RICHMOND NAVAL AIR STATION, 

FLORIDA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to the University of Miami, Miami, Florida (in this section 

referred to as the ‘‘University’’), all right, title, and interest of the 

United States in and to certain parcels of real property, together 

with any improvements thereon, consisting of approximately 14 

acres and located in the vicinity of the former Richmond Naval Air 

Station, Florida, in order to facilitate force protection and security 

335

needs of Department of Defense facilities located on the former Richmond Naval Air Station. 

(b) RELEASE OF EASEMENTS.—As part of the conveyance of 

property authorized by subsection (a), the Secretary may also—

(1) release and extinguish any interest of the United States 

in a clearance easement on the western portion of the property 

of the University; and 

(2) release and extinguish any interest of the United States 

in a certain easement for ingress and egress extending southwest and south from Southwest 127th Street along the western 

property line of a certain portion of United States property referred to as ‘‘IE2’’ in the Agreement in Principle referred to in 

subsection (e)(2). 

(c) CONSIDERATION.—As consideration for the conveyance of 

property authorized by subsection (a) and the release and extinguishment of interests authorized by subsection (b), the University 

shall—

(1) convey to the United States all right, title, and interest 

of the University in and to certain parcels of real property, together with any improvements thereon, consisting of approximately 12 acres;

(2) grant to the United States such easement over a parcel 

of real property located along the western boundary of the property of the University as the Secretary considers appropriate to 

permit the United States to exercise dominion and control over 

the portion of the western boundary of the property of the University that has been, or may be, designated as Natural Forest 

Community habitat; 

(3) construct and install a berm and fence security system 

along the entirety of the new property line between the United 

States and the University; 

(4) relocate the existing security gate and guard building, 

or establish a new security gate and guard building similar in 

design and size to the existing security gate and guard building, at a point where the property of the United States and the 

University intersect on the existing ingress-egress road; and 

(5) construct a new two-lane access road from Southwest 

152nd Street at the western boundary of the property of the 

University to a point that connects with the existing road on the 

property of the United States (commonly referred to as the ‘‘FAA 

Road’’). 

(d) CONSTRUCTION WITH PREVIOUS CONVEYANCE.—Any restrictions on the use as an animal research facility of a certain parcel 

of real property, consisting of approximately 30 acres, conveyed by 

the Secretary of Health and Human Services to the University pursuant to section 647 of the Ominbus Consolidated Appropriations 

Act, 1997 (Public Law 104–208; 110 Stat. 3009–366) shall terminate 

upon the execution of the agreement of exchange required by subsection (e). 

(e) TERMS OF EXCHANGE.—(1) The Secretary and the University 

shall carry out the conveyances and releases of interest authorized 

by this section pursuant to an agreement of exchange (to be known 

as the ‘‘Exchange Agreement’’) between the Secretary and the University. 

336

(2) The agreement of exchange shall conform to, and develop 

with more particularity, the Agreement in Principle executed by the 

United States and the University on July 13 through 15, 2004. 

(f) PAYMENT OF COSTS.—(1) The Secretary may require the University to cover costs to be incurred by the Secretary, or to reimburse 

the Secretary for costs incurred by the Secretary, to carry out the 

conveyances under this section and the release and grants of interests under this section, including survey costs, costs related to environmental documentation, and other administrative costs related to 

such activities. If amounts paid to the Secretary in advance exceed 

the costs actually incurred by the Secretary to carry out such activities, the Secretary shall refund the excess amount to the University. 

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary. Amounts so credited shall be 

merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and 

limitations, as amounts in such fund or account. 

(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under this section, and of 

the interests to be released or granted under this section, shall be 

determined by surveys satisfactory to the Secretary. 

(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyances under this section, and the release and grants of interests under this section, as the Secretary considers appropriate to 

protect the interests of the United States. 

SEC. 2862. LAND CONVEYANCE, HONOLULU, HAWAII. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey, without consideration but subject to the conditions specified 

in subsection (b), to the City and County of Honolulu, Hawaii, all 

right, title, and interest of the United States in and to a parcel of 

real property, including improvements thereon, consisting of approximately 5.16 acres located at 890 Valkenberg Avenue, Honolulu, 

Hawaii, and currently used by the City and County of Honolulu as 

the site of a fire station and firefighting training facility. The purpose of the conveyance is to enhance the capability of the City and 

County of Honolulu to provide fire protection and firefighting services to the civilian and military properties in the area and to provide a location for firefighting training for civilian and military personnel. 

(b) CONDITIONS OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the following conditions: 

(1) That the City and County of Honolulu accept the real 

property in its condition at the time of the conveyance, commonly known as conveyance ‘‘as is’’. 

(2) That the City and County of Honolulu make the firefighting training facility available to the fire protection and 

firefighting units of the military departments for training not 

less than two days per week on terms satisfactory to the Secretary. 

(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary 

shall require the City and County of Honolulu to cover costs to be 

incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00362 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
337

section (a), including survey costs, costs related to environmental 

documentation, and other administrative costs related to the conveyance. If amounts are collected from the City and County of Honolulu 

in advance of the Secretary incurring the actual costs, and the 

amount collected exceeds the costs actually incurred by the Secretary 

to carry out the conveyance, the Secretary shall refund the excess 

amount, without interest, to the City and County of Honolulu. 

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary in carrying out the conveyance. 

Amounts so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and subject 

to the same conditions and limitations, as amounts in such fund or 

account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) shall 

be determined by a survey satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2863. LAND CONVEYANCE, NAVY PROPERTY, FORMER FORT 

SHERIDAN, ILLINOIS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey, without consideration, to the State of Illinois, a political 

subdivision of the State, or a nonprofit land conservation organization (in this section referred to as the ‘‘grantee’’) all right, title, and 

interest of the United States in and to certain parcels of real property consisting of a total of approximately 25 acres of environmentally sensitive land at the former Fort Sheridan, Illinois, for the 

purpose of ensuring the permanent protection of the land. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) is not 

being used or maintained in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in 

and to the property shall revert, at the option of the Secretary, to 

the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary 

under this subsection shall be made on the record after an opportunity for a hearing. 

(c) RECONVEYANCE AUTHORIZED.—The Secretary may permit 

the grantee to convey the real property conveyed under subsection (a) 

to another eligible entity described in such subsection, subject to the 

same covenants and terms and conditions as provided in the deed 

from the United States. 

(d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary 

shall require the grantee to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including 

survey costs, costs related to environmental documentation, and 

other administrative costs related to the conveyance. If amounts are 

collected from the grantee in advance of the Secretary incurring the 

actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary 

shall refund the excess amount to the grantee. 

338

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary in carrying out the conveyance. 

Amounts so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and subject 

to the same conditions and limitations, as amounts in such fund or 

account. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

(g) USE OF ALTERNATE CONVEYANCE AUTHORITY.—In lieu of 

using the authority provided by this section to convey the real property described in subsection (a), the Secretary may elect to include 

the property in a conveyance authorized by section 2878 of title 10, 

United States Code, subject to such terms, reservations, restrictions, 

and conditions as may be necessary to ensure the permanent protection of the property, if the Secretary determines that a conveyance 

under such section is advantageous to the interests of the United 

States.

SEC. 2864. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER, 

MARYLAND. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey to the State of Maryland (in this section referred to as 

‘‘State’’) all right, title, and interest of the United States in and to 

a parcel of real property, including improvements thereon, consisting of approximately five acres at Naval Air Station, Patuxent 

River, Maryland, and containing the Point Lookout Lighthouse, 

other structures related to the lighthouse, and an archaeological site 

pertaining to the military hospital that was located on the property 

during the Civil War. The conveyance shall include artifacts pertaining to the military hospital recovered by the Navy and held at 

the installation. 

(b) PROPERTY RECEIVED IN EXCHANGE.—As consideration for 

the conveyance of the real property under subsection (a), the State 

shall convey to the United States a parcel of real property at Point 

Lookout State Park, Maryland, consisting of approximately five 

acres, or a smaller parcel that the Secretary considers sufficient and 

such related property interests as the Secretary and the State may 

agree to. 

(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary 

may require the State to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including survey 

costs, costs related to environmental documentation, relocation expenses incurred in connection with the acquisition of real property 

under subsection (b), and other administrative costs related to the 

conveyance. If amounts are collected from the State in advance of 

the Secretary incurring the actual costs, and the amount collected 

exceeds the costs actually incurred by the Secretary to carry out the 

conveyance, the Secretary shall refund the excess amount to State. 

339

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary in carrying out the conveyance. 

Amounts so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and subject 

to the same conditions and limitations, as amounts in such fund or 

account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the properties to be conveyed under this section shall 

be determined by surveys satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2865. MODIFICATION OF LAND ACQUISITION AUTHORITY, 

PERQUIMANS COUNTY, NORTH CAROLINA. 

Section 2846 of the Military Construction Authorization Act for 

Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 

1320) is amended by striking ‘‘240 acres’’ and insert ‘‘840 acres’’.

SEC. 2866. LAND CONVEYANCE, NAVAL WEAPONS STATION, CHARLESTON, SOUTH CAROLINA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey to the Berkeley County Sanitation Authority, South Carolina 

(in this section referred to as the ‘‘Authority’’), all right, title, and 

interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of not more than 38 

acres and comprising a portion of the Naval Weapons Station, 

Charleston, South Carolina, for the purpose of allowing the Authority to expand an existing sewage treatment plant. 

(b) CONSIDERATION.—(1) As consideration for the conveyance of 

the real property under subsection (a), the Authority shall provide 

the United States, whether by cash payment, in-kind services, or a 

combination thereof, an amount that is not less than the fair market 

value of the conveyed property. 

(2) The fair market value of the real property conveyed under 

subsection (a) shall be determined by an appraisal acceptable to the 

Secretary. 

(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary 

may require the Authority to cover costs incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including survey 

costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected 

from the Authority in advance of the Secretary incurring the actual 

costs, and the amount collected exceeds the costs actually incurred 

by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Authority. 

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary in carrying out the conveyance. 

Amounts so credited shall be merged with amounts in such fund or 

account, and shall be made available for the same purposes, and 

subject to the same conditions and limitations, as amounts in such 

fund or account. 

340

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2867. LAND CONVEYANCE, NAVY YMCA BUILDING, PORTSMOUTH, 

VIRGINIA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey to the City of Portsmouth, Virginia (in this section referred 

to as the ‘‘City’’), all right, title, and interest of the United States 

in and to a parcel of real property, including any improvements 

thereon, consisting of approximately 0.49 acres located at 517 King 

Street in Portsmouth, Virginia, and known as the ‘‘Navy YMCA 

Building’’, for the purpose of permitting the City to use the property 

for economic revitalization purposes. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the City shall provide the United States, whether by 

cash payment, in-kind consideration, or a combination thereof, an 

amount equal to the costs related to the environmental remediation 

of the real property to be conveyed. 

(c) PAYMENT OF OTHER COSTS OF CONVEYANCE.—(1) The Secretary may require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including 

survey costs, costs related to environmental documentation, and 

other administrative costs related to the conveyance. If amounts 

paid to the Secretary in advance exceed the costs actually incurred 

by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. 

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary. Amounts so credited shall be 

merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and 

limitations, as amounts in such fund or account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) shall 

be determined by a survey satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

PART III—AIR FORCE CONVEYANCES

SEC. 2871. LAND EXCHANGE, MAXWELL AIR FORCE BASE, ALABAMA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey to the City of Montgomery, Alabama (in this section referred to as the ‘‘City’’), all right, title, and interest of the United 

States in and to a parcel of real property, including improvements 

thereon, consisting of approximately 28 acres and containing the 

Maxwell Heights Housing site at Maxwell Air Force Base, Alabama. 

341

(b) CONSIDERATION.—(1) As consideration for the conveyance of 

the real property under subsection (a), the City shall convey to the 

United States a parcel of real property, including any improvements 

thereon, located contiguous to Maxwell Air Force Base, consisting of 

approximately 35 acres, and designated as project AL 6–4, for the 

purpose of allowing the Secretary to incorporate the parcel into a 

project for the acquisition or improvement of military housing. The 

military housing project may consist of or include a project conducted under the authority of subchapter IV of chapter 169 of title 

10, United States Code. The Secretary shall have jurisdiction over 

the real property received under this paragraph. 

(2) If the fair market value of the real property received under 

paragraph (1) is less than the fair market value of the real property 

conveyed under subsection (a), the Secretary may require the City to 

make up the difference through the payment of cash, the provision 

of in-kind consideration, or a combination thereof, to be determined 

pursuant to negotiations between the Secretary and the City. 

(3) The fair market values of the real property to be exchanged 

under this section shall be determined by appraisals acceptable to 

the Secretary and the City. 

(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary 

may require the City to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyances under subsections (a) and (b), including 

survey costs, costs related to environmental documentation, and 

other administrative costs related to the conveyances. If amounts are 

collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyances, the Secretary 

shall refund the excess amount to the City. 

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary in carrying out the conveyances. 

Amounts so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and subject 

to the same conditions and limitations, as amounts in such fund or 

account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the properties to be conveyed under this section shall 

be determined by surveys satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2872. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey to the March Joint Powers Authority (in this section referred to as the ‘‘Authority’’) all right, title, and interest of the 

United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 15 acres located in 

Riverside County, California, and containing the former Defense Reutilization and Marketing Office facility for March Air Force Base, 

which is also known as Parcel A–6, for the purpose of permitting 

the Authority to use the property for economic development and revitalization. 

342

(b) CONSIDERATION.—As consideration for the conveyance of the 

real property under subsection (a), the Authority shall pay the 

United States an amount equal to the fair market value of the conveyed property, as determined by the Secretary. The payment shall 

be deposited in the special account in the Treasury referred to in 

paragraph (5) of section 572(b) of title 40, United States Code, and 

shall be available as provided in subparagraph (B)(ii) of such paragraph. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. The 

cost of the survey shall be borne by the Authority. 

(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2873. LAND CONVEYANCE, FORMER GRIFFISS AIR FORCE BASE, 

NEW YORK. 

(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Air 

Force may convey to the Oneida County Industrial Development 

Agency, New York, the local reuse authority for the former Griffiss 

Air Force Base (in this section referred to as the ‘‘Authority’’), all 

right, title and interest of the United States in and to two parcels 

of real property consisting of 7.897 acres and 1.742 acres and containing the four buildings specified in paragraph (2), which were 

vacated by the Air Force in conjunction with its relocation to the 

Consolidated Intelligence and Reconnaissance Laboratory at Air 

Force Research Laboratory—Rome Research Site, Rome, New York. 

(2) The buildings referred to in paragraph (1) are the following: 

(A) Building 240 (117,323 square feet). 

(B) Building 247 (13,199 square feet). 

(C) Building 248 (4,000 square feet). 

(D) Building 302 (20,577 square feet). 

(3) The purpose of the conveyance under this subsection is to 

permit the Authority to develop the parcels and buildings for economic purposes in a manner consistent with section 2905 of the Defense Base Closure and Realignment Act of 1990 (part A of title 

XXIX of Public Law 101–510; 10 U.S.C. 2687 note). 

(b) CONDITION OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the condition that the Authority accept 

the real property in its condition at the time of the conveyance, commonly known as conveyance ‘‘as is’’. 

(c) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the Authority shall provide the United States, whether by cash payment, in-kind contribution, or a combination thereof, 

an amount equal to the fair market of value of the conveyed real 

property, as determined by the Secretary. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. The 

cost of the survey shall be borne by the Authority. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

343

PART IV—OTHER CONVEYANCES

SEC. 2881. LAND EXCHANGE, ARLINGTON COUNTY, VIRGINIA. 

(a) EXCHANGE AUTHORIZED.—The Secretary of Defense may 

convey to Arlington County, Virginia (in this section referred to as 

the ‘‘County’’), all right, title, and interest of the United States in 

and to a parcel of real property, together with any improvements 

thereon, that consists of not more than 4.5 acres and is located 

north of Columbia Pike on the Navy Annex property in Arlington 

County, Virginia, for the purpose of the construction of a freedmen 

heritage museum and an Arlington history museum. 

(b) CONSIDERATION.—As consideration for the conveyance of the 

real property under subsection (a), the County shall convey to the 

United States all right, title, and interest of the County in and to 

a parcel of real property, together with any improvements thereon, 

that is of a size equivalent to the total acreage of the real property 

conveyed by the Secretary under subsection (a) and is located in the 

area known as the Southgate Road right-of-way between Arlington 

National Cemetery, Virginia, and the Navy Annex property. 

(c) SELECTION OF PROPERTY FOR CONVEYANCE.—The Secretary, 

in consultation with the County, shall determine the acreage of the 

parcels of real property to be exchanged under this section, and such 

determination shall be final. In selecting the real property for conveyance to the County under subsection (a), the Secretary shall 

seek—

(1) to provide the County with sufficient property for museum construction that is compatible with, and honors, the history of the freedmen’s village that was located in the area and 

the heritage of the County; 

(2) to preserve the appropriate traditions of Arlington National Cemetery; and 

(3) to maintain the amount of acreage currently available 

for potential grave sites at Arlington National Cemetery. 

(d) PAYMENT OF COSTS OF CONVEYANCES.—(1) The Secretary 

may require the County to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyances under subsections (a) and (b), 

including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyances. If 

amounts are collected from the County in advance of the Secretary 

incurring the actual costs, and the amount collected exceeds the 

costs actually incurred by the Secretary to carry out the conveyance, 

the Secretary shall refund the excess amount to the County. 

(2) Amounts received as reimbursement under paragraph (1) 

shall be credited to the fund or account that was used to cover the 

costs incurred by the Secretary in carrying out the conveyances. 

Amounts so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and subject 

to the same conditions and limitations, as amounts in such fund or 

account. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under this section 

shall be determined by surveys satisfactory to the Secretary. 

(f) REVERSIONARY INTEREST.—(1) If at any time the Secretary 

determines that the property conveyed to the County under subVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00369 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
344

section (a) is not being used for the purposes stated in that subsection, then, at the option of the Secretary, all right, title, and interest in and to the property, including any improvements thereon, 

shall revert to the United States, and the United States shall have 

the right of immediate entry onto the property. 

(2) If the Secretary exercises the reversionary interest provided 

for in paragraph (1), the Secretary shall pay the County, from 

amounts available to the Secretary for military construction for the 

Defense Agencies, an amount equal to the fair market value of the 

property that reverts to the United States, as determined by the Secretary. 

(g) INCLUSION OF SOUTHGATE ROAD RIGHT-OF-WAY PROPERTY

IN TRANSFER OF NAVY ANNEX PROPERTY FOR ARLINGTON NATIONAL

CEMETERY.—Subsection (a) of section 2881 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public 

Law 106–65; 113 Stat. 879) is amended by striking ‘‘three parcels 

of real property consisting of approximately 36 acres’’ and inserting 

‘‘four parcels of real property consisting of approximately 40 acres’’. 

(h) TERMINATION OF RESERVATION OF CERTAIN NAVY ANNEX

PROPERTY FOR MEMORIALS OR MUSEUMS.—(1) Subsection (b) of 

such section, as amended by section 2863(f) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1332) and section 2851(a)(1) of the Military Construction Authorization Act for Fiscal Year 2003 (division 

B of Public Law 107–314; 116 Stat. 2726), is further amended—

(A) by striking ‘‘(1) Subject to paragraph (2), the Secretary’’ 

and inserting ‘‘The Secretary’’; and 

(B) by striking paragraph (2). 

(2) Subsection (d)(2) of such section, as amended by section 

2851(a)(2) of the Military Construction Authorization Act for Fiscal 

Year 2003 (division B of Public Law 107–314; 116 Stat. 2726), is 

further amended—

(A) by striking ‘‘(A)’’; and 

(B) by striking ‘‘, and (B)’’ and all that follows through 

‘‘Museum.’’ and inserting a period. 

(2) Subsection (f) of such section is amended by striking ‘‘reserved under subsection (b)(2) and of the portion’’. 

(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with the 

conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.

Subtitle E—Other Matters

SEC. 2891. ONE-YEAR RESUMPTION OF DEPARTMENT OF DEFENSE 

LABORATORY REVITALIZATION DEMONSTRATION PROGRAM. 

Section 2892(g) of the National Defense Authorization Act for 

Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2805 note) is 

amended by striking ‘‘September 30, 2003’’ and inserting ‘‘September 30, 2005’’.

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SEC. 2892. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL AT LUKE 

AIR FORCE BASE, ARIZONA, IN HONOR OF JOHN J. 

RHODES, A FORMER MINORITY LEADER OF THE HOUSE OF 

REPRESENTATIVES. 

The Airmen Leadership School at Luke Air Force Base, Arizona, building 156, shall be known and designated as the ‘‘John J. 

Rhodes Airmen Leadership School’’. Any reference to such facility in 

any law, regulation, map, document, record, or other paper of the 

United States shall be considered to be a reference to the John J. 

Rhodes Airmen Leadership School.

SEC. 2893. SETTLEMENT OF CLAIM OF OAKLAND BASE REUSE AUTHORITY AND REDEVELOPMENT AGENCY. 

(a) AUTHORITY TO SETTLE CLAIM.—The Secretary of the Navy 

may make a payment in the amount of $2,100,000 to the Oakland 

Base Reuse Authority and Redevelopment Agency of the City of Oakland, California, in settlement of Oakland Base Reuse Authority 

and Redevelopment Agency of the City of Oakland v. the United 

States, Case No. C02–4652 MHP, United States District Court, 

Northern District of California, including any appeal. 

(b) RELEASE OF CLAIM.—The payment made under subsection 

(a) shall be in full satisfaction of all claims of the Oakland Base 

Reuse Authority and Redevelopment Agency against the United 

States related to the case referred to in subsection (a), and the Oakland Base Reuse Authority and Redevelopment Agency shall give to 

the Secretary a release of all claims to 18 officer housing units and 

related real property located at the former Naval Medical Center 

Oakland, California. The release shall be in a form that is satisfactory to the Secretary. 

(c) SOURCE OF FUNDS FOR SETTLEMENT.—To make the payment 

authorized by subsection (a), the Secretary may use—

(1) funds in the Department of Defense Base Closure Account 1990; or 

(2) the proceeds from the sale of the housing units and 

property described in subsection (b).

SEC. 2894. REPORT ON ESTABLISHMENT OF MOBILIZATION STATION 

AT CAMP RIPLEY NATIONAL GUARD TRAINING CENTER, 

LITTLE FALLS, MINNESOTA. 

Not later than 120 days after the date of the enactment of this 

Act, the Secretary of Defense shall submit to Congress a report regarding the feasibility of using Camp Ripley National Guard Training Center in Little Falls, Minnesota, as a mobilization station for 

members of a reserve component ordered to active duty under any 

provision of law specified in section 101(a)(13)(B) of title 10, United 

States Code. The report shall include a discussion of the actions 

necessary to establish the center as a mobilization station.

SEC. 2895. REPORT ON FEASIBILITY OF ESTABLISHMENT OF VETERANS MEMORIAL AT MARINE CORPS AIR STATION, EL 

TORO, CALIFORNIA. 

Not later than 30 days after the date of the enactment of this 

Act, the Secretary of the Navy shall submit to Congress a report on 

whether the anticipated future uses of the former Marine Corps Air 

Station, El Toro, California, by the City of Irvine, California, would 

permit the establishment and maintenance, at no cost to the United 

States, of a veterans memorial at the former installation.

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SEC. 2896. SENSE OF CONGRESS REGARDING EFFECT OF MILITARY 

HOUSING POLICIES AND FORCE STRUCTURE AND BASING 

CHANGES ON LOCAL EDUCATIONAL AGENCIES. 

(a) FINDINGS.—Congress finds the following: 

(1) There are approximately 750,000 school-aged children 

of members of the active duty Armed Forces in the United 

States. 

(2) Approximately 650,000 of those students are currently 

attending public elementary or secondary schools in the United 

States. 

(3) Changes to the military family housing policies of the 

military departments affect both military housing requirements 

and the number of dependent children living on military installations in the United States. 

(4) Proposed restationing of units of the Armed Forces 

worldwide, including the return of a significant number of 

members of the Armed Forces stationed overseas to the United 

States and the Army proposal to modify its force structure to establish so-called units of action, will increase military housing 

requirements at military installations in the United States and 

may result in the need for additional educational facilities at 

such installations and in the adjacent communities. 

(5) To help provide sufficient housing for members of the 

Armed Forces and their families, the Secretaries of the military 

departments intend to continue to use the authorities provided 

in subchapter IV of chapter 169 of title 10, United States Code, 

to carry out privatization initiatives that will improve or replace an additional 120,000 military family housing units in 

the United States. 

(6) The Secretaries of the military departments may include 

the construction of school facilities as one of the ancillary supporting facilities authorized as part of a privatization initiative 

carried out under such subchapter. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Department of Defense should—

(1) consider the effects that changes in force structure and 

overseas stationing arrangements will have on—

(A) military housing requirements at specific military 

installations in the United States; 

(B) the number of school-aged military dependents at 

those installations; and 

(C) the need for additional educational facilities to 

serve such dependents; and 

(2) consult with local communities and local educational 

agencies about the best ways to address such changing housing 

requirements and satisfy the need for additional educational facilities, including using the authority of subchapter IV of chapter 169 of title 10, United States Code, to include the construction of educational facilities as one of the ancillary supporting 

facilities authorized as part of military privatization housing 

initiatives.

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SEC. 2897. SENSE OF CONGRESS AND STUDY REGARDING MEMORIAL 

HONORING NON-UNITED STATES CITIZENS KILLED IN 

THE LINE OF DUTY WHILE SERVING IN THE UNITED 

STATES ARMED FORCES. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that a memorial marker or monument should be designed and placed in an 

appropriate location to honor the service and sacrifice of individuals 

who, although not United States citizens, served in the United 

States Armed Forces and were killed in the line of duty. 

(b) STUDY.—The Secretary of the Army, in consultation with the 

Secretary of Veterans Affairs and the American Battle Monuments 

Commission, shall conduct a study examining the feasibility of placing in Arlington National Cemetery, or some other appropriate location, a memorial marker honoring the service and sacrifice of nonUnited States citizens killed in the line of duty while serving in the 

Armed Forces. 

(c) CONTENT OF STUDY.—The study required by subsection (b) 

shall include the following: 

(1) A discussion of the historical development of Arlington 

National Cemetery. 

(2) Comprehensive information on the memorial markers 

presently located in Arlington National Cemetery. 

(3) A description of any limitations affecting the ability to 

establish new monuments, markers, tributes, or plaques in Arlington National Cemetery. 

(4) A discussion of alternative locations outside of Arlington 

National Cemetery that have been used for comparable memorial markers. 

(5) Recommendations for appropriate locations for a memorial marker that may be considered. 

(d) REPORT AND RECOMMENDATIONS.—Not later than April 1, 

2005, the Secretary of the Army shall submit to the Committee on 

Armed Services and the Committee on Veterans’ Affairs of the 

House of Representatives and the Committee on Armed Services and 

the Committee on Veterans’ Affairs of the Senate a report containing 

the results of the study required by subsection (b), together with any 

recommendations for an appropriate plan to honor the service of 

non-United States citizens killed in the line of duty while serving 

in the Armed Forces.

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. Report on requirements for Modern Pit Facility. 

Sec. 3112. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel. 

348

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. Treatment of waste material. 

Sec. 3118. Local stakeholder organizations for 2006 closure sites. 

Sec. 3119. Report to Congress on Advanced Nuclear Weapons Concepts Initiative. 

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. 

Sec. 3133. Silk Road Initiative. 

Sec. 3134. Nuclear nonproliferation fellowships for scientists employed by United 

States and Russian Federation. 

Sec. 3135. Utilization of international contributions to the elimination of weapons 

grade plutonium production program. 

Subtitle D—Other Matters 

Sec. 3141. Indemnification of Department of Energy contractors. 

Sec. 3142. Report on maintenance of retirement benefits for certain workers at 2006 

closure sites after closure of sites. 

Sec. 3143. Report on efforts of National Nuclear Security Administration to understand plutonium aging. 

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. National Academy of Sciences study on management by Department of 

Energy of certain radioactive waste streams. 

Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders for acquisition of lands for Manhattan Project in World War II. 

Sec. 3148. Modification of requirements relating to conveyances and transfer of certain land at Los Alamos National Laboratory, New Mexico. 

Subtitle E—Energy Employees Occupational Illness Compensation Program 

Sec. 3161. Contractor employee compensation. 

Sec. 3162. Conforming amendments. 

Sec. 3163. Technical amendments. 

Sec. 3164. Transfer of funds for fiscal year 2005. 

Sec. 3165. Use of Energy Employees Occupational Illness Compensation Fund for 

certain payments to covered uranium employees. 

Sec. 3166. Improvements to Subtitle B of Energy Employees Occupational Illness 

Compensation Program Act of 2000. 

Sec. 3167. Emergency Special Exposure Cohort meeting and report. 

Sec. 3168. Coverage of individuals employed at atomic weapons employer facilities 

during periods of residual contamination. 

Sec. 3169. Update of report on residual contamination of facilities. 

Sec. 3170. Sense of Congress on resource center for energy employees under Energy 

Employee Occupational Illness Compensation Program in western New 

York and western Pennsylvania region.

Subtitle A—National Security Programs Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal 

year 2005 for the activities of the National Nuclear Security Administration in carrying out programs necessary for national security in 

the amount of $9,082,300,000, to be allocated as follows: 

(1) For weapons activities, $6,592,053,000. 

349

(2) For defense nuclear nonproliferation activities, 

$1,348,647,000. 

(3) For naval reactors, $797,900,000. 

(4) For the Office of the Administrator for Nuclear Security, 

$343,700,000. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds referred to in subsection (a) that are available for carrying out plant 

projects, the Secretary of Energy may carry out, for weapons activities, the following new plant projects: 

Project 05–D–140, project engineering and design, various 

locations, $11,600,000. 

Project 05–D–160, facilities and infrastructure recapitalization program, project engineering and design, various locations, 

$8,700,000. 

Project 05–D–170, project engineering and design, safeguards and security, various locations, $17,000,000. 

Project 05–D–401, production bays upgrade, Pantex Plant, 

Amarillo, Texas, $25,100,000. 

Project 05–D–402, beryllium capability project, Y–12 national security complex, Oak Ridge, Tennessee, $3,627,000. 

Project 05–D–601, compressed air upgrades project, Y–12 

national security complex, Oak Ridge, Tennessee, $4,400,000. 

Project 05–D–602, power grid infrastructure upgrade, Los 

Alamos National Laboratory, Los Alamos, New Mexico, 

$10,000,000. 

Project 05–D–603, new master substation, Sandia National 

Laboratories, Albuquerque, New Mexico, $600,000. 

Project 05–D–701, security perimeter, Los Alamos National 

Laboratory, Los Alamos, New Mexico, $20,000,000. 

SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2005 for defense environmental management activities in carrying out programs necessary for national 

security in the amount of $6,957,307,000, to be allocated as follows: 

(1) For defense site acceleration completion, $5,970,837,000. 

(2) For defense environmental services, $986,470,000. 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2005 for other defense activities in 

carrying out programs necessary for national security in the amount 

of $636,036,000. 

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2005 for defense nuclear waste disposal for payment to the Nuclear Waste Fund established in section 

302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) 

in the amount of $120,000,000.

Subtitle B—Program Authorizations, Restrictions, and 

Limitations

SEC. 3111. REPORT ON REQUIREMENTS FOR MODERN PIT FACILITY. 

(a) REPORT.—Not later than January 31, 2005, the Administrator for Nuclear Security shall submit to the congressional defense 

350

committees a report setting forth the validated pit production requirements for the Modern Pit Facility. 

(b) VALIDATED PIT PRODUCTION REQUIREMENTS.—(1) The validated pit production requirements in the report under subsection (a) 

shall be established by the Administrator in conjunction with the 

Chairman of the Nuclear Weapons Council. 

(2) The validated pit production requirements shall—

(A) include specifications regarding the total number of pits 

per year, and the number of pits to be produced per year for 

each weapon type, that will be required to be produced in order 

to support the weapons that will be retained in the nuclear 

weapons stockpile pursuant to the revised nuclear weapons 

stockpile plan submitted to the congressional defense committees as specified in the joint explanatory statement to accompany the report of the Committee on Conference on the bill H.R. 

2754 of the 108th Congress; 

(B) identify any surge capacity that may be included in the 

annual pit production requirements; and 

(C) assume that the lifetime of any particular pit type is 

each of 40 years, 50 years, 60 years, and 70 years. 

(c) FORM OF REPORT.—The report under subsection (a) shall be 

submitted in unclassified form and shall include a classified annex. 

SEC. 3112. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT 

OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL 

PERSONNEL. 

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 

2701(c)(1)) is amended by striking ‘‘September 30, 2004’’ and inserting ‘‘September 30, 2006’’.

SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS 

UNDER FACILITIES AND INFRASTRUCTURE RECAPITALIZATION PROGRAM AFTER PROJECT SELECTION DEADLINE. 

(a) LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS.—Section 3114(a) of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136; 117 Stat. 1744; 50 U.S.C. 2453 

note) is amended—

(1) in the subsection caption, by striking ‘‘DEADLINE FOR’’; 

(2) in paragraph (2), by striking ‘‘No project’’ and inserting 

‘‘Except as provided in paragraph (3), no project’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3)(A) Subject to the provisions of this paragraph, a project described in subparagraph (B) may be carried out under the Facilities 

and Infrastructure Recapitalization Program after December 31, 

2004, if the Administrator approves the project. The Administrator 

may not delegate the authority to approve projects under the preceding sentence. 

‘‘(B) A project described in this subparagraph is a project that 

consists of a specific building, facility, or other improvement (including fences, roads, or similar improvements). 

‘‘(C) Funds may not be obligated or expended for a project 

under this paragraph until 60 days after the date on which the Administrator submits to the congressional defense committees a notice 

on the project, including a description of the project and the nature 

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gram under paragraph (1), and a statement explaining why the 

project was not included in any other program under the jurisdiction of the Administrator. 

‘‘(D) The total number of projects that may be carried out under 

this paragraph in any fiscal year may not exceed five projects. 

‘‘(E) The Administrator may not utilize the authority in this 

paragraph until 60 days after the later of—

‘‘(i) the date of the submittal to the congressional defense 

committees of a list of the projects selected for inclusion in the 

Facilities and Infrastructure Recapitalization Program under 

paragraph (1); or 

‘‘(ii) the date of the submittal to the congressional defense 

committees of the report required by subsection (c). 

‘‘(F) A project may not be carried out under this paragraph unless the project will be completed by September 30, 2011.’’. 

(b) CONSTRUCTION OF AUTHORITY.—The amendments made by 

subsection (a) may not be construed to authorize any delay in either 

of the following: 

(1) The selection of projects for inclusion in the Facilities 

and Infrastructure Recapitalization Program under subsection 

(a) of section 3114 of the National Defense Authorization Act for 

Fiscal Year 2004. 

(2) The submittal of the report required by subsection (c) of 

such section.

SEC. 3114. MODIFICATION OF MILESTONE AND REPORT REQUIREMENTS FOR NATIONAL IGNITION FACILITY. 

(a) NOTIFICATION ON MILESTONES TO ACHIEVE IGNITION.—Subsection (a) of section 3137 of the National Defense Authorization Act 

for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1369) is 

amended by striking ‘‘each Level I milestone and Level II milestone 

for the National Ignition Facility.’’ and inserting the following: 

‘‘each milestone for the National Ignition Facility as follows: 

‘‘(1) Each Level I milestone. 

‘‘(2) Each Level II milestone. 

‘‘(3) Each milestone to achieve ignition.’’. 

(b) REPORT ON FAILURE OF TIMELY ACHIEVEMENT OF MILESTONES.—Subsection (b) of such section is amended by striking ‘‘a 

Level I milestone or Level II milestone for the National Ignition Facility’’ and inserting ‘‘a milestone for the National Ignition Facility 

referred to in subsection (a)’’. 

(c) MILESTONES TO ACHIEVE IGNITION.—Subsection (c) of such 

section is amended to read as follows: 

‘‘(c) MILESTONES.—For purposes of this section: 

‘‘(1) The Level I milestones and Level II milestones for the 

National Ignition Facility are as established in the August 2000 

revised National Ignition Facility baseline document. 

‘‘(2) The milestones for the National Ignition Facility to 

achieve ignition are such milestones (other than the milestones 

referred to in paragraph (1)) as the Administrator shall establish on any activities at the National Ignition Facility that are 

required to enable the National Ignition Facility to achieve ignition and be a fully functioning user facility by December 31, 

2011.’’. 

(d) SUBMITTAL TO CONGRESS OF MILESTONES TO ACHIEVE IGNITION.—Not later than January 31, 2005, the Administrator for NuVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00377 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
352

clear Security shall submit to the congressional defense committees 

a report setting forth the milestones of the National Ignition Facility 

to achieve ignition as established by the Administration under subsection (c)(2) of section 3137 of the National Defense Authorization 

Act for Fiscal Year 2002, as amended by subsection (c) of this section. The report shall include—

(1) a description of each milestone established; and 

(2) a proposal for the funding to be required to meet each 

such milestone. 

(e) EXTENSION OF SUNSET.—Subsection (d) of section 3137 of 

such Act is amended by striking ‘‘September 30, 2004’’ and inserting 

‘‘December 31, 2011’’.

SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL PLAN FOR 

STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF 

WARHEADS IN THE NUCLEAR WEAPONS STOCKPILE. 

Section 4203(c) of the Atomic Energy Defense Act (50 U.S.C. 

2523(c)) is amended by striking ‘‘March 15 of each year thereafter’’ 

and inserting ‘‘May 1 of each year thereafter’’.

SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION. 

(a) IN GENERAL.—Notwithstanding the provisions of the Nuclear Waste Policy Act of 1982, the requirements of section 202 of 

the Energy Reorganization Act of 1974, and other laws that define 

classes of radioactive waste, with respect to material stored at a Department of Energy site at which activities are regulated by a covered State pursuant to approved closure plans or permits issued by 

the State, the term ‘‘high-level radioactive waste’’ does not include 

radioactive waste resulting from the reprocessing of spent nuclear 

fuel that the Secretary of Energy (in this section referred to as the 

‘‘Secretary’’), in consultation with the Nuclear Regulatory Commission (in this section referred to as the ‘‘Commission’’), determines—

(1) does not require permanent isolation in a deep geologic 

repository for spent fuel or high-level radioactive waste; 

(2) has had highly radioactive radionuclides removed to the 

maximum extent practical; and 

(3)(A) does not exceed concentration limits for Class C lowlevel waste as set out in section 61.55 of title 10, Code of Federal Regulations, and will be disposed of—

(i) in compliance with the performance objectives set 

out in subpart C of part 61 of title 10, Code of Federal Regulations; and 

(ii) pursuant to a State-approved closure plan or Stateissued permit, authority for the approval or issuance of 

which is conferred on the State outside of this section; or 

(B) exceeds concentration limits for Class C low-level waste 

as set out in section 61.55 of title 10, Code of Federal Regulations, but will be disposed of—

(i) in compliance with the performance objectives set 

out in subpart C of part 61 of title 10, Code of Federal Regulations; 

(ii) pursuant to a State-approved closure plan or Stateissued permit, authority for the approval or issuance of 

which is conferred on the State outside of this section; and 

(iii) pursuant to plans developed by the Secretary in 

consultation with the Commission. 

353

(b) MONITORING BY NUCLEAR REGULATORY COMMISSION.—(1) 

The Commission shall, in coordination with the covered State, monitor disposal actions taken by the Department of Energy pursuant 

to subparagraphs (A) and (B) of subsection (a)(3) for the purpose of 

assessing compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations. 

(2) If the Commission considers any disposal actions taken by 

the Department of Energy pursuant to those subparagraphs to be 

not in compliance with those performance objectives, the Commission shall, as soon as practicable after discovery of the noncompliant conditions, inform the Department of Energy, the covered State, 

and the following congressional committees: 

(A) The Committee on Armed Services, the Committee on 

Energy and Commerce, and the Committee on Appropriations of 

the House of Representatives. 

(B) The Committee on Armed Services, the Committee on 

Energy and Natural Resources, the Committee on Environment 

and Public Works, and the Committee on Appropriations of the 

Senate. 

(3) For fiscal year 2005, the Secretary shall, from amounts 

available for defense site acceleration completion, reimburse the 

Commission for all expenses, including salaries, that the Commission incurs as a result of performance under subsection (a) and this 

subsection for fiscal year 2005. The Department of Energy and the 

Commission may enter into an interagency agreement that specifies 

the method of reimbursement. Amounts received by the Commission 

for performance under subsection (a) and this subsection may be retained and used for salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States 

Code, and shall remain available until expended. 

(4) For fiscal years after 2005, the Commission shall include in 

the budget justification materials submitted to Congress in support 

of the Commission budget for that fiscal year (as submitted with the 

budget of the President under section 1105(a) of title 31, United 

States Code) the amounts required, not offset by revenues, for performance under subsection (a) and this subsection. 

(c) INAPPLICABILITY TO CERTAIN MATERIALS.—Subsection (a) 

shall not apply to any material otherwise covered by that subsection 

that is transported from the covered State. 

(d) COVERED STATES.—For purposes of this section, the following States are covered States: 

(1) The State of South Carolina. 

(2) The State of Idaho. 

(e) CONSTRUCTION.—(1) Nothing in this section shall impair, 

alter, or modify the full implementation of any Federal Facility 

Agreement and Consent Order or other applicable consent decree for 

a Department of Energy site. 

(2) Nothing in this section establishes any precedent or is binding on the State of Washington, the State of Oregon, or any other 

State not covered by subsection (d) for the management, storage, 

treatment, and disposition of radioactive and hazardous materials. 

(3) Nothing in this section amends the definition of ‘‘transuranic waste’’ or regulations for repository disposal of transuranic 

waste pursuant to the Waste Isolation Pilot Plant Land Withdrawal 

Act or part 191 of title 40, Code of Federal Regulations. 

354

(4) Nothing in this section shall be construed to affect in any 

way the obligations of the Department of Energy to comply with section 4306A of the Atomic Energy Defense Act (50 U.S.C. 2567). 

(5) Nothing in this section amends the West Valley Demonstration Act (42 U.S.C. 2121a note). 

(f) JUDICIAL REVIEW.—Judicial review shall be available in accordance with chapter 7 of title 5, United States Code, for the following: 

(1) Any determination made by the Secretary or any other 

agency action taken by the Secretary pursuant to this section. 

(2) Any failure of the Commission to carry out its responsibilities under subsection (b).

SEC. 3117. TREATMENT OF WASTE MATERIAL. 

Of the amounts made available pursuant to the authorization 

of appropriations in section 3102(1) for environmental management 

for defense site acceleration completion for the High-Level Waste 

Proposal, $350,000,000 shall be available at specified sites for any 

defense site acceleration completion activities at those sites, as follows: 

(1) The Idaho National Engineering and Environmental 

Laboratory, Idaho, $97,300,000. 

(2) The Savannah River Site, Aiken, South Carolina, 

$188,600,000. 

(3) The Hanford Site, Richland, Washington, $64,100,000.

SEC. 3118. LOCAL STAKEHOLDER ORGANIZATIONS FOR 2006 CLOSURE 

SITES. 

(a) ESTABLISHMENT.—(1) The Secretary of Energy shall establish for each Department of Energy 2006 closure site a local stakeholder organization having the responsibilities set forth in subsection (c). 

(2) The local stakeholder organization shall be established in 

consultation with interested elected officials of local governments in 

the vicinity of the closure site concerned. 

(b) COMPOSITION.—A local stakeholder organization for a Department of Energy 2006 closure site under subsection (a) shall be 

composed of such elected officials of local governments in the vicinity of the closure site concerned as the Secretary considers appropriate to carry out the responsibilities set forth in subsection (c) who 

agree to serve on the organization, or the designees of such officials. 

(c) RESPONSIBILITIES.—A local stakeholder organization for a 

Department of Energy 2006 closure site under subsection (a) shall—

(1) solicit and encourage public participation in appropriate activities relating to the closure and post-closure operations of the site; 

(2) disseminate information on the closure and post-closure 

operations of the site to the State government of the State in 

which the site is located, local and tribal governments in the vicinity of the site, and persons and entities having a stake in the 

closure or post-closure operations of the site; 

(3) transmit to appropriate officers and employees of the 

Department of Energy questions and concerns of governments, 

persons, and entities referred to paragraph (2) on the closure 

and post-closure operations of the site; and 

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(4) perform such other duties as the Secretary and the local 

stakeholder organization jointly determine appropriate to assist 

the Secretary in meeting post-closure obligations of the Department at the site. 

(d) DEADLINE FOR ESTABLISHMENT.—The local stakeholder organization for a Department of Energy 2006 closure site shall be established not later than six months before the closure of the site. 

(e) DEPARTMENT OF ENERGY 2006 CLOSURE SITE DEFINED.—In 

this section, the term ‘‘Department of Energy 2006 closure site’’ 

means the following: 

(1) The Rocky Flats Environmental Technology Site, Colorado. 

(2) The Fernald Plant, Ohio. 

(3) The Mound Plant, Ohio.

SEC. 3119. REPORT TO CONGRESS ON ADVANCED NUCLEAR WEAPONS 

CONCEPTS INITIATIVE. 

(a) REPORT REQUIRED.—Not later than March 1, 2005, the Administrator for Nuclear Security shall submit to the congressional 

defense committees a detailed report on the planned activities for 

studies under the Advanced Nuclear Weapons Concepts Initiative 

for fiscal year 2005. 

(b) FORM OF REPORT.—The report under subsection (a) shall be 

submitted in unclassified form, but may include a classified annex.

Subtitle C—Proliferation Matters

SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION. 

(a) APPLICABILITY OF AUTHORITY LIMITED TO PROJECTS NOT

PREVIOUSLY AUTHORIZED.—Subsection (a) of section 3124 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 

108–136; 117 Stat. 1747) is amended by inserting ‘‘that has not previously been authorized by Congress’’ after ‘‘states of the former Soviet Union’’. 

(b) REPEAL OF LIMITATION ON TOTAL AMOUNT OF OBLIGA- TION.—Such section is further amended—

(1) by striking subsection (c); and 

(2) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. 

(c) APPLICABILITY BEYOND FISCAL YEAR 2004.—Subsection (e) of 

such section (as redesignated by subsection (b)) is amended by striking ‘‘the funds appropriated pursuant to the authorization of appropriations in section 3101(a)(2) for such program’’ and inserting ‘‘the 

funds appropriated pursuant to an authorization of appropriations 

for the International Nuclear Materials Protection and Cooperation 

Program’’.

SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF FISSILE MATERIALS, RADIOLOGICAL MATERIALS, AND RELATED 

EQUIPMENT AT VULNERABLE SITES WORLDWIDE. 

(a) SENSE OF CONGRESS.—(1) It is the sense of Congress that 

the security, including the rapid removal or secure storage, of highrisk, proliferation-attractive fissile materials, radiological materials, 

and related equipment at vulnerable sites worldwide should be a 

top priority among the activities to achieve the national security of 

the United States. 

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(2) It is the sense of Congress that the President may establish 

in the Department of Energy a task force to be known as the Task 

Force on Nuclear Materials to carry out the program authorized by 

subsection (b). 

(b) PROGRAM AUTHORIZED.—The Secretary of Energy may carry 

out a program to undertake an accelerated, comprehensive worldwide effort to mitigate the threats posed by high-risk, proliferationattractive fissile materials, radiological materials, and related 

equipment located at sites potentially vulnerable to theft or diversion. 

(c) PROGRAM ELEMENTS.—(1) Activities under the program 

under subsection (b) may include the following: 

(A) Accelerated efforts to secure, remove, or eliminate proliferation-attractive fissile materials or radiological materials in 

research reactors, other reactors, and other facilities worldwide. 

(B) Arrangements for the secure shipment of proliferationattractive fissile materials, radiological materials, and related 

equipment to other countries willing to accept such materials 

and equipment, or to the United States if such countries cannot 

be identified, and the provision of secure storage or disposition 

of such materials and equipment following shipment. 

(C) The transportation of proliferation-attractive fissile materials, radiological materials, and related equipment from sites 

identified as proliferation risks to secure facilities in other countries or in the United States. 

(D) The processing and packaging of proliferation-attractive fissile materials, radiological materials, and related equipment in accordance with required standards for transport, storage, and disposition. 

(E) The provision of interim security upgrades for vulnerable, proliferation-attractive fissile materials, radiological materials, and related equipment pending their removal from their 

current sites. 

(F) The utilization of funds to upgrade security and accounting at sites where proliferation-attractive fissile materials 

or radiological materials will remain for an extended period of 

time in order to ensure that such materials are secure against 

plausible potential threats and will remain so in the future. 

(G) The management of proliferation-attractive fissile materials, radiological materials, and related equipment at secure 

facilities. 

(H) Actions to ensure that security, including security upgrades at sites and facilities for the storage or disposition of 

proliferation-attractive fissile materials, radiological materials, 

and related equipment, continues to function as intended. 

(I) The provision of technical support to the International 

Atomic Energy Agency (IAEA), other countries, and other entities to facilitate removal of, and security upgrades to facilities 

that contain, proliferation-attractive fissile materials, radiological materials, and related equipment worldwide. 

(J) The development of alternative fuels and irradiation 

targets based on low-enriched uranium to convert research or 

other reactors fueled by highly-enriched uranium to such alternative fuels, as well as the conversion of reactors and irradiaVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00382 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
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tion targets employing highly-enriched uranium to employment 

of such alternative fuels and targets. 

(K) Accelerated actions for the blend down of highly-enriched uranium to low-enriched uranium. 

(L) The provision of assistance in the closure and decommissioning of sites identified as presenting risks of proliferation 

of proliferation-attractive fissile materials, radiological materials, and related equipment. 

(M) Programs to—

(i) assist in the placement of employees displaced as a 

result of actions pursuant to the program in enterprises not 

representing a proliferation threat; and 

(ii) convert sites identified as presenting risks of proliferation regarding proliferation-attractive fissile materials, radiological materials, and related equipment to purposes not representing a proliferation threat to the extent 

necessary to eliminate the proliferation threat. 

(2) The Secretary of Energy shall, in coordination with the Secretary of State, carry out the program in consultation with, and 

with the assistance of, appropriate departments, agencies, and other 

entities of the United States Government. 

(3) The Secretary of Energy shall, with the concurrence of the 

Secretary of State, carry out activities under the program in collaboration with such foreign governments, non-governmental organizations, and other international entities as the Secretary of Energy 

considers appropriate for the program. 

(d) REPORTS.—(1) Not later than March 15, 2005, the Secretary 

of Energy shall submit to Congress a classified interim report on the 

program under subsection (b). 

(2) Not later than January 1, 2006, the Secretary shall submit 

to Congress a classified final report on the program under subsection (b) that includes the following: 

(A) A survey by the Secretary of the facilities and sites 

worldwide that contain proliferation-attractive fissile materials, 

radiological materials, or related equipment. 

(B) A list of sites determined by the Secretary to be of the 

highest priority, taking into account risk of theft from such 

sites, for removal or security of proliferation-attractive fissile 

materials, radiological materials, or related equipment, organized by level of priority. 

(C) A plan, including activities under the program under 

this section, for the removal, security, or both of proliferationattractive fissile materials, radiological materials, or related 

equipment at vulnerable facilities and sites worldwide, including measurable milestones, metrics, and estimated costs for the 

implementation of the plan. 

(3) A summary of each report under this subsection shall also 

be submitted to Congress in unclassified form. 

(e) FUNDING.—Amounts authorized to be appropriated to the 

Secretary of Energy for defense nuclear nonproliferation activities 

shall be available for purposes of the program under this section. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘fissile materials’’ means plutonium, highlyenriched uranium, or other material capable of sustaining an 

explosive nuclear chain reaction, including irradiated items 

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containing such materials if the radiation field from such items 

is not sufficient to prevent the theft or misuse of such items. 

(2) The term ‘‘radiological materials’’ includes Americium241, Californium-252, Cesium-137, Cobalt-60, Iridium-192, 

Plutonium-238, Radium-226, Strontium-90, Curium-244, and 

irradiated items containing such materials, or other materials 

designated by the Secretary of Energy for purposes of this paragraph. 

(3) The term ‘‘related equipment’’ includes equipment useful 

for enrichment of uranium in the isotope 235 and for extraction 

of fissile materials from irradiated fuel rods and other equipment designated by the Secretary of Energy for purposes of this 

section. 

(4) The term ‘‘highly-enriched uranium’’ means uranium 

enriched to or above 20 percent in the isotope 235. 

(5) The term ‘‘low-enriched uranium’’ means uranium enriched below 20 percent in the isotope 235. 

(6) The term ‘‘proliferation-attractive’’, in the case of fissile 

materials and radiological materials, means quantities and 

types of such materials that are determined by the Secretary of 

Energy to present a significant risk to the national security of 

the United States if diverted to a use relating to proliferation.

SEC. 3133. SILK ROAD INITIATIVE. 

(a) PROGRAM AUTHORIZED.—(1) The Secretary of Energy may 

carry out a program, to be known as the Silk Road Initiative, to 

promote non-weapons-related employment opportunities for scientists, engineers, and technicians formerly engaged in activities to 

develop and produce weapons of mass destruction in Silk Road nations. The program should—

(A) incorporate best practices under the Initiatives for Proliferation Prevention program; and 

(B) facilitate commercial partnerships between private entities in the United States and scientists, engineers, and technicians in the Silk Road nations. 

(2) Before implementing the program with respect to multiple 

Silk Road nations, the Secretary of Energy shall carry out a pilot 

program with respect to one Silk Road nation selected by the Secretary. It is the sense of Congress that the Secretary should select 

the Republic of Georgia. 

(b) SILK ROAD NATIONS DEFINED.—In this section, the Silk 

Road nations are Armenia, Azerbaijan, the Republic of Georgia, 

Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and 

Uzbekistan. 

(c) FUNDING.—Of the funds authorized to be appropriated to the 

Department of Energy for nonproliferation and international security for fiscal year 2005, up to $10,000,000 may be used to carry out 

this section.

SEC. 3134. NUCLEAR NONPROLIFERATION FELLOWSHIPS FOR SCIENTISTS EMPLOYED BY UNITED STATES AND RUSSIAN 

FEDERATION. 

(a) IN GENERAL.—(1) From amounts made available to carry 

out this section, the Administrator for Nuclear Security may carry 

out a program under which the Administrator awards, to scientists 

employed at nonproliferation research laboratories of the Russian 

Federation and the United States, international exchange fellowVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00384 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
359

ships, to be known as Nuclear Nonproliferation Fellowships, in the 

nuclear nonproliferation sciences. 

(2) The purpose of the program shall be to provide opportunities 

for advancement in the nuclear nonproliferation sciences to scientists who, as demonstrated by their academic or professional 

achievements, show particular promise of making significant contributions in those sciences. 

(3) A fellowship awarded to a scientist under the program shall 

be for collaborative study and training or advanced research at—

(A) a nonproliferation research laboratory of the Russian 

Federation, in the case of a scientist employed at a nonproliferation research laboratory of the United States; and 

(B) a nonproliferation research laboratory of the United 

States, in the case of a scientist employed at a nonproliferation 

research laboratory of the Russian Federation. 

(4) The duration of a fellowship under the program may not exceed two years, except that the Administrator may provide for a 

longer duration in an individual case to the extent warranted by extraordinary circumstances, as determined by the Administrator. 

(5) In a calendar year, the Administrator may not award more 

than—

(A) one fellowship to a scientist employed at a nonproliferation research laboratory of the Russian Federation; and 

(B) one fellowship to a scientist employed at a nonproliferation research laboratory of the United States. 

(6) A fellowship under the program shall include—

(A) travel expenses; and 

(B) any other expenses that the Administrator considers appropriate, such as room and board. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘nonproliferation research laboratory’’ means, 

with respect to a country, a national laboratory of that country 

at which research in the nuclear nonproliferation sciences is 

carried out. 

(2) The term ‘‘nuclear nonproliferation sciences’’ means bodies of scientific knowledge relevant to developing or advancing 

the means to prevent or impede the proliferation of nuclear 

weaponry. 

(3) The term ‘‘scientist’’ means an individual who has a degree from an institution of higher education in a science that 

has practical application in the nuclear nonproliferation 

sciences.

(c) FUNDING.—Amounts available to the Department of Energy 

for defense nuclear nonproliferation activities shall be available for 

the fellowships authorized by subsection (a).

SEC. 3135. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE 

ELIMINATION OF WEAPONS GRADE PLUTONIUM PRODUCTION PROGRAM. 

Section 3151 of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2736; 22 

U.S.C. 5952 note) is amended by adding at the end the following 

new subsection: 

‘‘(e) INTERNATIONAL PARTICIPATION IN PROGRAM.—(1) In order 

to achieve international participation in the program referred to in 

subsection (a), the Secretary of Energy may, in consultation with the 

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Secretary of State, enter into one or more agreements with any person, foreign government, or other international organization that the 

Secretary considers appropriate for the contribution of funds by 

such person, government, or organization for purposes of the program. 

‘‘(2) Notwithstanding section 3302 of title 31, United States 

Code, and subject to paragraphs (3) and (4), the Secretary may retain and utilize any amounts contributed by a person, government, 

or organization under an agreement under paragraph (1) for purposes of the program without further appropriation and without fiscal year limitation. 

‘‘(3) The Secretary may not utilize under paragraph (2) any 

amount contributed under an agreement under paragraph (1) until 

30 days after the date on which the Secretary notifies the congressional defense committees of the intent to utilize such amount, including the source of such amount and the proposed purpose for 

which such amount will be utilized. 

‘‘(4) If any amount contributed under paragraph (1) has not 

been utilized within five years of receipt under that paragraph, the 

Secretary shall return such amount to the person, government, or 

organization contributing such amount under that paragraph. 

‘‘(5) Not later than 30 days after the receipt of any amount contributed under paragraph (1), the Secretary shall submit to the congressional defense committees a notice of the receipt of such amount. 

‘‘(6) Not later than October 31 each year, the Secretary shall 

submit to the congressional defense committees a report on the receipt and utilization of amounts under this subsection during the 

preceding fiscal year. Each report for a fiscal year shall set forth—

‘‘(A) a statement of any amounts received under this subsection, including the source of each such amount; and 

‘‘(B) a statement of any amounts utilized under this subsection, including the purpose for which such amounts were utilized. 

‘‘(7) The authority of the Secretary to accept and utilize 

amounts under this subsection shall expire on December 31, 2011.’’.

Subtitle D—Other Matters

SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRACTORS. 

Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 

U.S.C. 2210(d)(1)(A)) is amended by striking ‘‘until December 31, 

2004’’ and inserting ‘‘until December 31, 2006’’.

SEC. 3142. REPORT ON MAINTENANCE OF RETIREMENT BENEFITS FOR 

CERTAIN WORKERS AT 2006 CLOSURE SITES AFTER CLOSURE OF SITES. 

(a) REPORT REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, the Assistant Secretary of Energy for 

Environmental Management shall submit to the Secretary of Energy 

a report on the maintenance of retirement benefits for workers at 

Department of Energy 2006 closure sites after closure of such sites. 

(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

(1) The number of workers at Department of Energy 2006 

closure sites who would be eligible for regular or early retirement benefits if such sites close on or after their target compleVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00386 Fmt 6659 Sfmt 6603 E:\HR\OC\HR767.XXX HR767
361

tion dates, but who would not be eligible for regular or early 

retirement benefits if such sites close before their target completion dates (by calendar quarter). 

(2) The cost of providing regular or full retirement benefits, 

after the closure of Department of Energy 2006 closure sites, to 

workers at such sites who would fail to qualify for regular or 

early retirement benefits because of the early closure of such 

sites (by calendar quarter). 

(3) The impact on collective-bargaining agreements and any 

applicable retirement benefit plan documents covering workers 

at Department of Energy 2006 closure sites of providing regular 

or early retirement benefits as set forth herein. 

(c) TRANSMITTAL TO CONGRESS.—Not later than 30 days after 

receiving the report under subsection (a), the Secretary shall transmit the report to Congress, together with such recommendations, including recommendations for legislative action, as the Secretary 

considers appropriate. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘Department of Energy 2006 closure site’’ 

means the following: 

(A) The Rocky Flats Environmental Technology Site, 

Colorado. 

(B) The Fernald Plant, Ohio. 

(C) The Mound Plant, Ohio. 

(2) The term ‘‘worker’’ means any employee who is employed 

by contract or first or second tier subcontract to perform cleanup, security, or administrative duties or responsibilities at a Department of Energy 2006 closure site. 

(3) The term ‘‘retirement benefits’’ means pension, health, 

and other similar post-retirement benefits. 

(4) The term ‘‘target completion date’’, with respect to a Department of Energy 2006 closure site, means the physical completion date specified in the site contracts.

SEC. 3143. REPORT ON EFFORTS OF NATIONAL NUCLEAR SECURITY 

ADMINISTRATION TO UNDERSTAND PLUTONIUM AGING. 

(a) STUDY.—(1) The Administrator for Nuclear Security shall 

enter into a contract with a Federally Funded Research and Development Center (FFRDC) providing for a study to assess the efforts 

of the National Nuclear Security Administration to understand the 

aging of plutonium in nuclear weapons. 

(2) The Administrator shall make available to the FFRDC contractor under this subsection all information that is necessary for 

the contractor to successfully complete a meaningful study on a 

timely basis. 

(b) REPORT REQUIRED.—(1) Not later than two years after the 

date of the enactment of this Act, the Administrator shall submit to 

Congress a report on the findings of the study required by subsection (a)(1). 

(2) The report shall include the recommendations of the study 

for improving the knowledge, understanding, and application of the 

fundamental and applied sciences related to the study of plutonium 

aging. 

(3) The report shall be submitted in unclassified form, but may 

include a classified annex. 

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SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS 

ALAMOS NATIONAL LABORATORY, NEW MEXICO. 

The Secretary of Energy shall require that the primary management and operations contract for Los Alamos National Laboratory, 

New Mexico, that involves Laboratory operations after September 

30, 2005, shall contain terms requiring the contractor under such 

contract to provide support to the Los Alamos Public School District, New Mexico, for the elementary and secondary education of 

students in the school district in the amount of $8,000,000 in each 

fiscal year.

SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT, NEW MEXICO, 

PURSUANT TO COMPETITIVE CONTRACT. 

(a) CONTRACT REQUIREMENT.—The Secretary of Energy shall 

use competitive procedures to enter into a contract to conduct independent reviews and evaluations of the design, construction, and operations of the Waste Isolation Pilot Plant in New Mexico (in this 

section referred to as the ‘‘WIPP’’) as they relate to the protection of 

the public health and safety and the environment. The contract 

shall be for a period of one year, beginning on October 1, 2004, and 

shall be renewable for four additional one-year periods with the consent of the contractor and subject to the authorization and appropriation of funds for such purpose. 

(b) CONTENT OF CONTRACT.—A contract entered into under subsection (a) shall require the following: 

(1) The contractor shall appoint a Director and Deputy Director, who shall be scientists of national eminence in the field 

of nuclear waste disposal, shall be free from any biases related 

to the activities of the WIPP, and shall be widely known for 

their integrity and scientific expertise. 

(2) The Director shall appoint staff. The professional staff 

shall consist of scientists and engineers of recognized integrity 

and scientific expertise who represent scientific and engineering 

disciplines needed for a thorough review of the WIPP, including 

disciplines such as geology, hydrology, health physics, environmental engineering, probability risk analysis, mining engineering, and radiation chemistry. The disciplines represented in the 

staff shall change as may be necessary to meet changed needs 

in carrying out the contract for expertise in any certain scientific or engineering discipline. Scientists and engineers employed under the contract shall have qualifications and experience equivalent to the qualifications and experience required for 

scientists and engineers employed by the Federal Government in 

grades GS–13 through GS–15. 

(3) Scientists and engineers employed under the contract 

shall have an appropriate support staff. 

(4) The Director and Deputy Director shall each be appointed for a term of 5 years, subject to contract renewal, and 

may be removed only for misconduct or incompetence. The staff 

shall be appointed for such terms as the Director considers appropriate. 

(5) The rates of pay of professional staff and the procedures 

for increasing the rates of pay of professional staff shall be 

equivalent to those rates and procedures provided for the General Schedule pay system under chapter 53 of title 5, United 

States Code. 

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(6) The results of reviews and evaluations carried out 

under the contract shall be published. 

(c) ADMINISTRATION.—The contractor shall establish general 

policies and guidelines to be used by the Director in carrying out the 

work under the contract.

SEC. 3146. NATIONAL ACADEMY OF SCIENCES STUDY ON MANAGEMENT BY DEPARTMENT OF ENERGY OF CERTAIN RADIOACTIVE WASTE STREAMS. 

(a) STUDY REQUIRED.—The Secretary of Energy shall, as soon 

as practicable, enter into an arrangement with the National Research Council of the National Academy of Sciences to carry out a 

study of the plans of the Department of Energy to manage those 

waste streams specified in subsection (b) that—

(1) exceed the concentration limits for Class C low-level 

waste as set out in section 61.55 of title 10, Code of Federal 

Regulations; and 

(2) the Department plans to dispose of on the sites specified 

in subsection (b)(3) rather than in a repository for spent nuclear 

fuel and high-level waste. 

(b) COVERED WASTE STREAMS.—The waste streams referred to 

in subsection (a) are the streams of waste, from reprocessed spent 

nuclear fuel, that—

(1) exceed the concentration limits for Class C low-level 

waste as set out in section 61.55 of title 10, Code of Federal 

Regulations; 

(2) the Department does not plan for disposal in a repository for spent nuclear fuel and high-level waste; and 

(3) are stored in tanks at the following sites: 

(A) The Savannah River Site, South Carolina. 

(B) The Idaho National Engineering Laboratory, 

Idaho. 

(C) The Hanford Reservation, Washington.

(c) MATTERS INCLUDED.—The study required by subsection (a) 

shall evaluate—

(1) the state of the Department’s understanding of the physical, chemical, and radiological characteristics of the waste referred to in subsection (b), including an assessment of data uncertainties; 

(2) any actions additional to those contained in current 

plans that the Department should consider to ensure that the 

plans referred to in subsection (a) will comply with the performance objectives of part 61 of title 10, Code of Federal Regulations; 

(3) the adequacy of the Department’s plans for monitoring 

disposal sites and the surrounding environment to verify compliance with those performance objectives; 

(4) existing technology alternatives to the plans referred to 

in subsection (a) and, for each such alternative, an assessment 

of the cost, consequences for worker safety, and long-term consequences for environmental and human health; 

(5) any technology gaps that exist to effect improved efficiency in removal and treatment of waste from the tanks referred to in subsection (b)(3); and 

364

(6) any other matters that the National Research Council 

considers appropriate and directly related to the subject matter 

of the study. 

(d) RECOMMENDATIONS.—In carrying out the study required by 

subsection (a), the National Research Council may develop recommendations it considers appropriate and directly related to the 

subject matter of the study. It is the sense of Congress that the National Research Council should develop recommendations on—

(1) improvements to the scientific and technical basis for 

managing the waste covered by the study, including the identification of technology alternatives and mitigation of technology 

gaps; and 

(2) the best means of monitoring any on-site disposal sites 

from the waste streams referred to in subsection (b), to include 

soil, groundwater, and surface water monitoring. 

(e) REPORTS.—(1) The National Research Council shall submit 

to the Secretary of Energy and the congressional committees described in paragraph (2)—

(A) not later than six months after entering into the arrangement required by subsection (a), an interim report on the 

study that, with respect to the requirements of subsection (c)(2), 

specifically addresses any additional actions the Department 

should consider to ensure that the Department’s plans for the 

Savannah River Site, including plans for grouting of tanks, 

will comply with the performance objectives referred to in that 

subsection in a more effective manner; and 

(B) not later than one year after entering into the arrangement required by subsection (a), a final report on the study that 

includes all findings, conclusions, and recommendations. 

(2) The congressional committees referred to in paragraph (1) 

are as follows: 

(A) The Committee on Appropriations, Committee on 

Armed Services, and Committee on Energy and Commerce of 

the House of Representatives. 

(B) The Committee on Appropriations, Committee on 

Armed Services, Committee on Energy and Natural Resources, 

and Committee on Environment and Public Works of the Senate. 

(f) PROVISION OF INFORMATION.—The Secretary of Energy shall, 

in a timely manner, make available to the National Research Council all information that the National Research Council considers 

necessary to carry out its responsibilities under this section. 

(g) RULE OF CONSTRUCTION.—This section shall not be construed to affect section 3116. 

(h) FUNDING.—Of the amounts made available to the Department of Energy pursuant to the authorization of appropriations in 

section 3102, $1,500,000 shall be available only for carrying out the 

study required by this section.

SEC. 3147. COMPENSATION OF PAJARITO PLATEAU, NEW MEXICO, 

HOMESTEADERS FOR ACQUISITION OF LANDS FOR MANHATTAN PROJECT IN WORLD WAR II. 

(a) ESTABLISHMENT OF COMPENSATION FUND.—There is established in the Treasury of the United States a fund to be known as 

the Pajarito Plateau Homesteaders Compensation Fund (in this section referred to as the ‘‘Fund’’). The Fund shall be dedicated to the 

365

settlement of the two lawsuits in the United States District Court for 

the District of New Mexico consolidated as Civ. No. 00–60. 

(b) ELEMENTS OF FUND.—The Fund shall consist of the following: 

(1) Amounts available for deposit in the Fund under subsection (j). 

(2) Interest earned on amounts in the Fund under subsection (g). 

(c) USE OF FUND.—The Fund shall be available for the settlement of the consolidated lawsuits in accordance with the following 

requirements: 

(1) The settlement shall be subject to preliminary and final 

approval by the Court in accordance with rule 23(e) of the Federal Rules of Civil Procedure. 

(2) The Court shall appoint a special master in accordance 

with rule 53 of the Federal Rules of Civil Procedure to—

(A) identify class members; 

(B) receive claims from class members so identified; 

(C) determine in accordance with subsection (d) eligible 

claimants from among class members so identified; 

(D) resolve contests, if any, among claimants with respect to a particular eligible tract, regarding the disbursement of monies in the Fund with respect to that eligible 

tract; and 

(E) address such other matters as the Court may order. 

(3) Lead counsel for claimants shall provide evidence to the 

special master to assist the special master in the duties set forth 

in paragraph (2). 

(4) If more than 10 percent of the class members object to 

the settlement, or the Court fails to approve the settlement—

(A) the Fund shall not serve as the basis for the settlement of the consolidated lawsuits and the provisions of this 

section shall have no further force or effect; and 

(B) amounts in the Fund shall not be disbursed, but 

shall be retained in the Treasury as miscellaneous receipts. 

(5) The Court may award compensation for the special 

master and attorney fees and expenses from the Fund pursuant 

to rule 23 of the Federal Rules of Civil Procedure, except that 

the award of attorney fees may not exceed 20 percent of the 

Fund and the award of expenses may not exceed 2 percent of 

the Fund. Any compensation and attorney fees and expenses so 

paid shall be paid from the Fund by the Court before distribution of the amount in the Fund to eligible claimants entitled 

thereto. 

(6) The Fund shall be available to pay settlement awards 

in accordance with the following: 

(A) The balance of the amount of the Fund that is 

available for disbursement after any award of attorney fees 

and expenses under paragraph (5) shall be allocated proportionally by eligible tract according to its acreage as compared with all eligible tracts. 

(B) The allocation for each eligible tract shall be allocated pro rata among all eligible claimants having an interest in such eligible tract according to the extent of their 

366

interest in such eligible tract, as determined under the laws 

of the State of New Mexico. 

(7) The special master shall disburse the allocated amounts 

from the Fund after approval by the Court. 

(8) Any amounts available for disbursement with respect to 

an eligible tract that are not awarded to eligible claimants with 

respect to that tract shall be retained in the Treasury as miscellaneous receipts. 

(d) ELIGIBLE CLAIMANTS.—(1) For purposes of this section, an 

eligible claimant is any class member determined by the Court, by 

a preponderance of evidence, to be a person or entity who held a fee 

simple ownership in an eligible tract at the time of its acquisition 

by the United States during World War II for use in the Manhattan 

Project, or the heir, successor in interest, assignee, or beneficiary of 

such a person or entity. 

(2) The status of a person or entity as an heir, successor in interest, assignee, or beneficiary for purposes of this subsection shall 

be determined under the laws of the State of New Mexico, including 

the descent and distribution law of the State of New Mexico. 

(e) FULL RESOLUTION OF CLAIMS AGAINST UNITED STATES.—(1) 

The acceptance of a disbursement from the Fund by an eligible 

claimant under this section shall constitute a final and complete release of the defendants in the consolidated lawsuits with respect to 

such eligible claimant, and shall be in full satisfaction of any and 

all claims of such eligible claimant against the United States arising out of acts described in the consolidated lawsuits. 

(2) Upon the disbursement of the amount in the Fund to eligible 

claimants entitled thereto under this section, the Court shall, subject 

to the provisions of rule 23(e) of the Federal Rules of Civil Procedure, enter a final judgment dismissing with prejudice the consolidated lawsuits and all claims and potential claims on matters covered by the consolidated lawsuits. 

(f) COMPENSATION LIMITED TO AMOUNTS IN FUND.—(1) An eligible claimant may be paid under this section only from amounts 

in the Fund. 

(2) Nothing in this section shall authorize the payment to a 

class member by the United States Government of any amount authorized by this section from any source other than the Fund. 

(g) INVESTMENT OF FUND.—(1) The Secretary of the Treasury 

shall, in accordance with the requirements of section 9702 of title 

31, United States Code, and the provisions of this subsection, direct 

the form and manner by which the Fund shall be safeguarded and 

invested so as to maximize its safety while earning a return comparable to other common funds in which the United States Treasury 

is the source of payment. 

(2) Interest on the amount deposited in the Fund shall accrue 

from the date of the enactment of the Act appropriating amounts for 

deposit in the Fund until the date on which the Secretary of the 

Treasury disburses the amount in the Fund to eligible claimants 

who are entitled thereto under subsection (c). 

(h) PRESERVATION OF RECORDS.—(1) All documents, personal 

testimony, and other records created or received by the Court in the 

consolidated lawsuits shall be kept and maintained by the Archivist 

of the United States, who shall preserve such documents, testimony, 

and records in the National Archives of the United States. 

367

(2) The Archivist shall make available to the public the materials kept and maintained under paragraph (1). 

(i) DEFINITIONS.—In this section:

(1) The term ‘‘Court’’ means the United States District 

Court for the District of New Mexico having jurisdiction over 

the consolidated lawsuits. 

(2) The term ‘‘consolidated lawsuits’’ means the two lawsuits in the United States District Court for the District of New 

Mexico consolidated as Civ. No. 00–60. 

(3)(A) The term ‘‘eligible tract’’ means private real property 

located on the Pajarito Plateau of what is now Los Alamos 

County, New Mexico, that was acquired by the United States 

during World War II for use in the Manhattan Project and 

which is the subject of the consolidated lawsuits. 

(B) The term does not include lands of the Los Alamos 

Ranch School and of the A.M. Ross Estate (doing business as 

Anchor Ranch). 

(4) The term ‘‘class member’’ means the following: 

(A) Any person or entity who claims to have held a fee 

simple ownership in an eligible tract at the time of its acquisition by the United States during World War II for use 

in the Manhattan Project. 

(B) Any person or entity claiming to be the heir, successor in interest, assignee, or beneficiary of a person or entity who held a fee simple ownership in an eligible tract at 

the time of its acquisition by the United States during 

World War II for use in the Manhattan Project. 

(j) FUNDING.—Of the amount authorized to be appropriated by 

section 3101(a)(4) for the National Nuclear Security Administration 

for the Office of the Administrator for Nuclear Security, $10,000,000 

shall be available for deposit in the Fund under subsection (b)(1).

SEC. 3148. MODIFICATION OF REQUIREMENTS RELATING TO CONVEYANCES AND TRANSFER OF CERTAIN LAND AT LOS ALAMOS 

NATIONAL LABORATORY, NEW MEXICO. 

Section 632(a) of Public Law 105–119 (111 Stat. 2523; 42 

U.S.C. 2391 note) is amended—

(1) in paragraph (1)—

(A) by inserting ‘‘except as provided in paragraph (2),’’ 

before ‘‘convey’’; and 

(B) by striking ‘‘and’’ at the end; 

(2) by redesignating paragraph (2) as paragraph (3); and 

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

‘‘(2) notwithstanding paragraph (1) and the agreement 

under subsection (e), convey, without consideration, to the 

Board of Education of the Los Alamos Public Schools, New 

Mexico, within the County, fee title to the parcels of land identified by the Department of Energy as Parcel A–8 and Parcel A–

15–1 that are currently located in Technical Area–21 of Los Alamos National Laboratory upon the entry of Los Alamos Public 

Schools and the County into an agreement for the use of the 

parcel of land identified as Parcel A–8; and’’.

368

Subtitle E—Energy Employees Occupational Illness 

Compensation Program 

SEC. 3161. CONTRACTOR EMPLOYEE COMPENSATION. 

The Energy Employees Occupational Illness Compensation Program Act of 2000 (title XXXVI of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law 

by Public Law 106–398)) is amended by adding after subtitle D (42 

U.S.C. 7385o) the following new title: 

‘‘Subtitle E—Contractor Employee Compensation 

‘‘SEC. 3671. DEFINITIONS. 

‘‘In this subtitle: 

‘‘(1) The term ‘covered DOE contractor employee’ means any 

Department of Energy contractor employee determined under 

section 3675 to have contracted a covered illness through exposure at a Department of Energy facility. 

‘‘(2) The term ‘covered illness’ means an illness or death resulting from exposure to a toxic substance. 

‘‘(3) The term ‘Secretary’ means the Secretary of Labor. 

‘‘SEC. 3672. COMPENSATION TO BE PROVIDED. 

‘‘Subject to the other provisions of this subtitle: 

‘‘(1) CONTRACTOR EMPLOYEES.—A covered DOE contractor 

employee shall receive contractor employee compensation under 

this subtitle in accordance with section 3673. 

‘‘(2) SURVIVORS.—After the death of a covered DOE contractor employee, compensation referred to in paragraph (1) 

shall not be paid. Instead, the survivor of that employee shall 

receive compensation as follows: 

‘‘(A) Except as provided in subparagraph (B), the survivor of that employee shall receive contractor employee 

compensation under this subtitle in accordance with section 

3674. 

‘‘(B) In a case in which the employee’s death occurred 

after the employee applied under this subtitle and before 

compensation was paid under paragraph (1), and the employee’s death occurred from a cause other than the covered 

illness of the employee, the survivor of that employee may 

elect to receive, in lieu of compensation under subparagraph (A), the amount of contractor employee compensation 

that the employee would have received in accordance with 

section 3673 if the employee’s death had not occurred before 

compensation was paid under paragraph (1). 

‘‘SEC. 3673. COMPENSATION SCHEDULE FOR CONTRACTOR EMPLOYEES. 

‘‘(a) COMPENSATION PROVIDED.—The amount of contractor employee compensation under this subtitle for a covered DOE contractor employee shall be the sum of the amounts determined under 

paragraphs (1) and (2), as follows: 

‘‘(1) IMPAIRMENT.—(A) The Secretary shall determine—

‘‘(i) the minimum impairment rating of that employee, 

expressed as a number of percentage points; and 

‘‘(ii) the number of those points that are the result of 

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369

posure to a toxic substance at a Department of Energy facility. 

‘‘(B) The employee shall receive an amount under this paragraph equal to $2,500 multiplied by the number referred to in 

clause (ii) of subparagraph (A). 

‘‘(2) WAGE LOSS.—(A) The Secretary shall determine—

‘‘(i) the calendar month during which the employee 

first experienced wage loss as the result of any covered illness contracted by that employee through exposure to a 

toxic substance at a Department of Energy facility; 

‘‘(ii) the average annual wage of the employee for the 

36-month period immediately preceding the calendar 

month referred to in clause (i), excluding any portions of 

that period during which the employee was unemployed; 

and 

‘‘(iii) beginning with the calendar year that includes 

the calendar month referred to in clause (i), through and 

including the calendar year during which the employee attained normal retirement age (for purposes of the Social Security Act)—

‘‘(I) the number of calendar years during which, as 

the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual 

wage exceeded 50 percent of the average annual wage 

determined under clause (ii), but did not exceed 75 percent of the average annual wage determined under 

clause (ii); and 

‘‘(II) the number of calendar years during which, 

as the result of any covered illness contracted by that 

employee through exposure to a toxic substance at a 

Department of Energy facility, the employee’s annual 

wage did not exceed 50 percent of the average annual 

wage determined under clause (ii). 

‘‘(B) The employee shall receive an amount under this paragraph equal to the sum of—

‘‘(i) $10,000 multiplied by the number referred to in 

clause (iii)(I) of subparagraph (A); and 

‘‘(ii) $15,000 multiplied by the number referred to in 

clause (iii)(II) of subparagraph (A). 

‘‘(b) DETERMINATION OF MINIMUM IMPAIRMENT RATING.—For 

purposes of subsection (a), a minimum impairment rating shall be 

determined in accordance with the American Medical Association’s 

Guides to the Evaluation of Permanent Impairment. 

‘‘SEC. 3674. COMPENSATION SCHEDULE FOR SURVIVORS. 

‘‘(a) CATEGORIES OF COMPENSATION.—The amount of contractor 

employee compensation under this subtitle for the survivor of a covered DOE contractor employee shall be determined as follows: 

‘‘(1) CATEGORY ONE.—The survivor shall receive the amount 

of $125,000, if the Secretary determines that—

‘‘(A) the employee would have been entitled to compensation under section 3675 for a covered illness; and 

‘‘(B) it is at least as likely as not that exposure to a 

toxic substance at a Department of Energy facility was a 

370

significant factor in aggravating, contributing to, or causing the death of such employee. 

‘‘(2) CATEGORY TWO.—The survivor shall receive the amount 

of $150,000, if paragraph (1) applies to the employee and the 

Secretary also determines that there was an aggregate period of 

not less than 10 years, before the employee attained normal retirement age (for purposes of the Social Security Act), during 

which, as the result of any covered illness contracted by that 

employee through exposure to a toxic substance at a Department 

of Energy facility, the employee’s annual wage did not exceed 50 

percent of the average annual wage of that employee, as determined under section 3673(a)(2)(A)(ii). 

‘‘(3) CATEGORY THREE.—The survivor shall receive the 

amount of $175,000, if paragraph (1) applies to the employee 

and the Secretary also determines that there was an aggregate 

period of not less than 20 years, before the employee attained 

normal retirement age (for purposes of the Social Security Act), 

during which, as the result of any covered illness contracted by 

that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage did not 

exceed 50 percent of the average annual wage of that employee, 

as determined under section 3673(a)(2)(A)(ii). 

‘‘(b) ONE AMOUNT ONLY.—The survivor of a covered DOE contractor employee to whom more than one amount under subsection 

(a) applies shall receive only the highest such amount.

‘‘(c) DETERMINATION AND ALLOCATION OF SHARES.—The 

amount under subsection (a) shall be paid only as follows: 

‘‘(1) If a covered spouse is alive at the time of payment, 

such payment shall be made to such surviving spouse. 

‘‘(2) If there is no covered spouse described in paragraph 

(1), such payment shall be made in equal shares to all covered 

children who are alive at the time of payment. 

‘‘(3) Notwithstanding the other provisions of this subsection, 

if there is—

‘‘(A) a covered spouse described in paragraph (1); and 

‘‘(B) at least one covered child of the employee who is 

living at the time of payment and who is not a recognized 

natural child or adopted child of such covered spouse, 

‘‘then half of such payment shall be made to such covered 

spouse, and the other half of such payment shall be made in 

equal shares to each covered child of the employee who is living 

at the time of payment. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘covered spouse’ means a spouse of the employee who was married to the employee for at least one year 

immediately before the employee’s death. 

‘‘(2) The term ‘covered child’ means a child of the employee 

who, as of the employee’s death—

‘‘(A) had not attained the age of 18 years; 

‘‘(B) had not attained the age of 23 years and was a 

full-time student who had been continuously enrolled as a 

full-time student in one or more educational institutions 

since attaining the age of 18 years; or 

‘‘(C) had been incapable of self-support. 

371

‘‘(3) The term ‘child’ includes a recognized natural child, a 

stepchild who lived with an individual in a regular parentchild relationship, and an adopted child. 

‘‘SEC. 3675. DETERMINATIONS REGARDING CONTRACTION OF COVERED ILLNESSES. 

‘‘(a) CASES DETERMINED UNDER SUBTITLE B.—A determination 

under subtitle B that a Department of Energy contractor employee 

is entitled to compensation under that subtitle for an occupational 

illness shall be treated for purposes of this subtitle as a determination that the employee contracted that illness through exposure at 

a Department of Energy facility. 

‘‘(b) CASES DETERMINED UNDER FORMER SUBTITLE D.—In the 

case of a covered illness of an employee with respect to which a 

panel has made a positive determination under section 3661(d) and 

the Secretary of Energy has accepted that determination under section 3661(e)(2), or with respect to which a panel has made a negative determination under section 3661(d) and the Secretary of Energy has found significant evidence to the contrary under section 

3661(e)(2), that determination shall be treated for purposes of this 

subtitle as a determination that the employee contracted the covered 

illness through exposure at a Department of Energy facility. 

‘‘(c) OTHER CASES.—(1) In any other case, a Department of Energy contractor employee shall be determined for purposes of this 

subtitle to have contracted a covered illness through exposure at a 

Department of Energy facility if—

‘‘(A) it is at least as likely as not that exposure to a toxic 

substance at a Department of Energy facility was a significant 

factor in aggravating, contributing to, or causing the illness; 

and 

‘‘(B) it is at least as likely as not that the exposure to such 

toxic substance was related to employment at a Department of 

Energy facility. 

‘‘(2) A determination under paragraph (1) shall be made by the 

Secretary. 

‘‘(d) APPLICATIONS BY SPOUSES AND CHILDREN.—If a spouse or 

child of a Department of Energy contractor employee applies for 

benefits under this subtitle, the Secretary shall make a determination under this section with respect to that employee without regard 

to whether the spouse is a ‘covered spouse’, or the child is a ‘covered 

child’, under this subtitle.

‘‘SEC. 3676. APPLICABILITY TO CERTAIN URANIUM EMPLOYEES. 

‘‘(a) IN GENERAL.—This subtitle shall apply to—

‘‘(1) a section 5 payment recipient who contracted a section 

5 illness through a section 5 exposure at a section 5 facility, or 

‘‘(2) a section 5 uranium worker determined under section 

3675(c) to have contracted a covered illness through exposure to 

a toxic substance at a section 5 mine or mill, 

‘‘(or to the survivor of that employee, as applicable) on the same 

basis as it applies to a Department of Energy contractor employee 

determined under section 3675 to have contracted a covered illness 

through exposure to a toxic substance at a Department of Energy facility (or to the survivor of that employee, as applicable).

‘‘(b) DEFINITIONS.—In this section: 

372

‘‘(1) The term ‘section 5 payment recipient’ means an indi- vidual who receives, or has received, $100,000 under section 5 

of the Radiation Exposure Compensation Act (42 U.S.C. 2210 

note) for a claim made under that Act. 

‘‘(2) The terms ‘section 5 exposure’, ‘section 5 facility’, and 

‘section 5 illness’ mean the exposure, facility, and illness, respectively, to which an individual’s status as a section 5 payment 

recipient relates. 

‘‘(3) The term ‘section 5 uranium worker’ means an individual to whom subsection (a)(1)(A)(i) of section 5 of the Radiation Exposure Compensation Act applies (whether directly or 

by reason of subsection (a)(2)). 

‘‘(4) The term ‘section 5 mine or mill’ means the mine or 

mill to which an individual’s status as a section 5 uranium 

worker relates. 

‘‘SEC. 3677. ADMINISTRATIVE AND JUDICIAL REVIEW. 

‘‘(a) JUDICIAL REVIEW.—A person adversely affected or aggrieved by a final decision of the Secretary under this subtitle may 

review that order in the United States district court in the district 

in which the injury was sustained, the employee lives, the survivor 

lives, or the District of Columbia, by filing in such court within 60 

days after the date on which that final decision was issued a written petition praying that such decision be modified or set aside. The 

person shall also provide a copy of the petition to the Secretary. 

Upon such filing, the court shall have jurisdiction over the proceeding and shall have the power to affirm, modify, or set aside, in 

whole or in part, such decision. The court may modify or set aside 

such decision only if the court determines that such decision was arbitrary and capricious. 

‘‘(b) ADMINISTRATIVE REVIEW.—The Secretary shall ensure that 

recommended decisions of the Secretary with respect to a claim 

under this subtitle are subject to administrative review. The Secretary shall prescribe regulations for carrying out such review or 

shall apply to this subtitle the regulations applicable to recommended decisions under subtitle B. 

‘‘SEC. 3678. PHYSICIANS SERVICES. 

‘‘(a) IN GENERAL.—The Secretary may utilize the services of 

physicians for purposes of making determinations under this subtitle. 

‘‘(b) PHYSICIANS.—Any physicians whose services are utilized 

under subsection (a) of this section shall possess appropriate expertise and experience in the evaluation and determination of the extent 

of permanent physical impairments or in the evaluation and diagnosis of illnesses or deaths aggravated, contributed to, or caused by 

exposure to toxic substances. 

‘‘(c) ARRANGEMENT.—The Secretary may secure the services of 

physicians utilized under subsection (a) of this section through the 

appointment of physicians or by contract. 

‘‘SEC. 3679. MEDICAL BENEFITS. 

‘‘A covered DOE contractor employee shall be furnished medical 

benefits specified in section 3629 for the covered illness to the same 

extent, and under the same conditions and limitations, as an individual eligible for medical benefits under that section is furnished 

medical benefits under that section. 

373

‘‘SEC. 3680. ATTORNEY FEES. 

‘‘Section 3648 shall apply to a payment under this subtitle to 

the same extent that it applies to a payment under subtitle B. 

‘‘SEC. 3681. ADMINISTRATIVE MATTERS. 

‘‘(a) IN GENERAL.—The Secretary shall administer this subtitle. 

‘‘(b) CONTRACT AUTHORITY.—The Secretary may enter into contracts with appropriate persons and entities to administer this subtitle. 

‘‘(c) RECORDS.—(1)(A) The Secretary of Energy shall provide to 

the Secretary all records, files, and other data, whether paper, electronic, imaged, or otherwise, developed by the Secretary of Energy 

that are applicable to the administration of this subtitle, including 

records, files, and data on facility industrial hygiene, employment 

of individuals or groups, exposure and medical records, and claims 

applications. 

‘‘(B) In providing records, files, and other data under this paragraph, the Secretary of Energy shall preserve the current organization of such records, files, and other data, and shall provide such 

description and indexing of such records, files, and other data as 

the Secretary considers appropriate to facilitate their use by the Secretary. 

‘‘(2) The Secretary of Energy and the Secretary shall jointly undertake such actions as are appropriate to retrieve records applicable to the claims of Department of Energy contractor employees for 

contractor employee compensation under this subtitle, including employment records, records of exposure to beryllium, radiation, silica, 

or other toxic substances, and records regarding medical treatment. 

‘‘(d) INFORMATION.—At the request of the Secretary, the Secretary of Energy and any contractor who employed a Department of 

Energy contractor employee shall, within time periods specified by 

the Secretary, provide to the Secretary and to the employee information or documents in response to the request. 

‘‘(e) REGULATIONS.—The Secretary shall prescribe regulations 

necessary for the administration of this subtitle. The initial regulations shall be prescribed not later than 210 days after the date of 

the enactment of this subtitle. The Secretary may prescribe interim 

final regulations necessary to meet the deadlines specified in this 

subtitle. 

‘‘(f) TRANSITION PROVISIONS.—(1) The Secretary shall commence the administration of the provisions of this subtitle not later 

than 210 days after the date of the enactment of this subtitle. 

‘‘(2) Until the commencement of the administration of this subtitle, the Department of Energy Physicians Panels appointed pursuant to subtitle D shall continue to consider and issue determinations 

concerning any cases pending before such Panels immediately before 

the date of the enactment of this subtitle. 

‘‘(3) The Secretary shall take such actions as are appropriate to 

identify other activities under subtitle D that will continue until the 

commencement of the administration of subtitle E. 

‘‘(g) PREVIOUS APPLICATIONS.—Upon the commencement of the 

administration of this subtitle, any application previously filed with 

the Secretary of Energy pursuant to subtitle D shall be considered 

to have been filed with the Secretary as a claim for benefits pursuant to this subtitle. 

374

‘‘SEC. 3682. COORDINATION OF BENEFITS WITH RESPECT TO STATE 

WORKERS COMPENSATION. 

‘‘(a) IN GENERAL.—An individual who has been awarded compensation under this subtitle, and who has also received benefits 

from a State workers compensation system by reason of the same 

covered illness, shall receive compensation specified in this subtitle 

reduced by the amount of any workers compensation benefits, other 

than medical benefits and benefits for vocational rehabilitation, that 

the individual has received under the State workers compensation 

system by reason of the covered illness, after deducting the reasonable costs, as determined by the Secretary, of obtaining those benefits under the State workers compensation system. 

‘‘(b) WAIVER.—The Secretary may waive the provisions of subsection (a) if the Secretary determines that the administrative costs 

and burdens of implementing subsection (a) with respect to a particular case or class of cases justifies such a waiver. 

‘‘(c) INFORMATION.—Notwithstanding any other provision of 

law, each State workers compensation authority shall, upon request 

of the Secretary, provide to the Secretary on a quarterly basis information concerning workers compensation benefits received by any 

covered DOE contractor employee entitled to compensation or benefits under this subtitle, which shall include the name, Social Security number, and nature and amount of workers compensation benefits for each such employee for which the request was made. 

‘‘SEC. 3683. MAXIMUM AGGREGATE COMPENSATION. 

‘‘For each individual whose illness or death serves as the basis 

for compensation or benefits under this subtitle, the total amount of 

compensation (other than medical benefits) paid under this subtitle, 

to all persons, in the aggregate, on the basis of that illness or death 

shall not exceed $250,000. 

‘‘SEC. 3684. FUNDING OF ADMINISTRATIVE COSTS. 

‘‘There is authorized and hereby appropriated to the Secretary 

for fiscal year 2005 and thereafter such sums as may be necessary 

to carry out this subtitle. 

‘‘SEC. 3685. PAYMENT OF COMPENSATION AND BENEFITS FROM COMPENSATION FUND. 

‘‘The compensation and benefits provided under this title, when 

authorized or approved by the President, shall be paid from the 

compensation fund established under section 3612.

‘‘SEC. 3686. OFFICE OF OMBUDSMAN. 

‘‘(a) ESTABLISHMENT.—There is established in the Department 

of Labor an office to be known as the ‘Office of the Ombudsman’ (in 

this section referred to as the ‘Office’). 

‘‘(b) HEAD.—The head of the Office shall be the Ombudsman. 

The individual serving as Ombudsman shall be either of the following: 

‘‘(1) An officer or employee of the Department of Labor designated by the Secretary for purposes of this section from 

among officers and employees of the Department who have experience and expertise necessary to carry out the duties of the Office specified in subsection (c). 

‘‘(2) An individual employed by the Secretary from the private sector from among individuals in the private sector who 

375

have experience and expertise necessary to carry out the duties 

of the Office specified in subsection (c). 

‘‘(c) DUTIES.—The duties of the Office shall be as follows: 

‘‘(1) To provide information on the benefits available under 

this subtitle and on the requirements and procedures applicable 

to the provision of such benefits. 

‘‘(2) To make recommendations to the Secretary regarding 

the location of centers (to be known as ‘resource centers’) for the 

acceptance and development of claims for benefits under this 

subtitle. 

‘‘(3) To carry out such other duties with respect to this subtitle as the Secretary shall specify for purposes of this section. 

‘‘(d) INDEPENDENT OFFICE.—The Secretary shall take appropriate actions to ensure the independence of the Office within the 

Department of Labor, including independence from other officers 

and employees of the Department engaged in activities relating to 

the administration of the provisions of this subtitle. 

‘‘(e) ANNUAL REPORT.—(1) Not later than February 15 each 

year, the Ombudsman shall submit to Congress a report on activities under this subtitle. 

‘‘(2) Each report under paragraph (1) shall set forth the following: 

‘‘(A) The number and types of complaints, grievances, and 

requests for assistance received by the Ombudsman under this 

subtitle during the preceding year. 

‘‘(B) An assessment of the most common difficulties encountered by claimants and potential claimants under this subtitle 

during the preceding year. 

‘‘(3) The first report under paragraph (1) shall be the report 

submitted in 2006. 

‘‘(f) OUTREACH.—The Secretary of Labor and the Secretary of 

Health and Human Services shall each undertake outreach to advise the public of the existence and duties of the Office. 

‘‘(g) SUNSET.—Effective on the date that is 3 years after the date 

of the enactment of this section, this section shall have no further 

force or effect.’’. 

SEC. 3162. CONFORMING AMENDMENTS. 

(a) OFFSET FOR CERTAIN PAYMENTS.—Section 3641 of the Energy Employees Occupational Illness Compensation Program Act of 

2000 (42 U.S.C. 7385) is amended—

(1) by striking ‘‘subtitle B’’ and inserting ‘‘this title’’; and 

(2) by striking ‘‘on account of’’ and all that follows through 

the period at the end and inserting ‘‘on account of the exposure 

for which compensation is payable under this title.’’. 

(b) SUBROGATION OF THE UNITED STATES.—Section 3642 of 

such Act (42 U.S.C. 7385a) is amended by striking ‘‘subtitle B’’ and 

inserting ‘‘this title’’. 

(c) PAYMENT IN FULL SETTLEMENT OF CLAIMS.—Section 3643 of 

such Act (42 U.S.C. 7385b) is amended by striking ‘‘The acceptance’’ 

and inserting ‘‘Except as provided in subtitle E, the acceptance’’. 

(d) EXCLUSIVITY OF REMEDY.—Section 3644 of such Act (42 

U.S.C. 7385c(a)) is amended by adding at the end the following new 

subsection: 

‘‘(d) APPLICABILITY TO SUBTITLE E.—This section applies with 

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376

ness or death of a covered DOE contractor employee on the same 

basis as it applies with respect to subtitle B to the cancer (including 

a specified cancer), chronic silicosis, covered beryllium illness, or 

death of a covered employee.’’. 

(e) CERTIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER

LAWS.—Section 3646 of such Act (42 U.S.C. 7385e) is amended by 

striking ‘‘subtitle B’’ and inserting ‘‘this title’’. 

(f) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.—Section 

3647(a) of such Act (42 U.S.C. 7385f(a)) is amended by striking 

‘‘subtitle B’’ and inserting ‘‘this title’’. 

(g) CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.—

Section 3649 of such Act (42 U.S.C. 7385h) is amended by striking 

‘‘subtitle B’’ both places such term appears and inserting ‘‘this title’’. 

(h) FORFEITURE OF BENEFITS BY CONVICTED FELONS.—Section 

3650 of such Act (42 U.S.C. 7385i) is amended by striking ‘‘subtitle 

B’’ each place such term appears and inserting ‘‘this title’’. 

(i) REPEAL OF SUBTITLE D.—Subtitle D of the Energy Employees Occupational Illness Compensation Program Act of 2000 (title 

XXXVI of the Floyd D. Spence National Defense Authorization Act 

for Fiscal Year 2001 (as enacted into law by Public Law 106–398); 

42 U.S.C. 7385o) is repealed. 

SEC. 3163. TECHNICAL AMENDMENTS. 

(a) SUBPOENAS.—Subtitle B of such Act is amended by adding 

after section 3631 (42 U.S.C. 7384v) the following new section: 

‘‘SEC. 3632. SUBPOENAS; OATHS; EXAMINATION OF WITNESSES. 

‘‘The Secretary of Labor, with respect to any matter under this 

subtitle, may—

‘‘(1) issue subpoenas for and compel the attendance of witnesses; 

‘‘(2) administer oaths; 

‘‘(3) examine witnesses; and 

‘‘(4) require the production of books, papers, documents, 

and other evidence.’’. 

(b) SOCIAL SECURITY EARNINGS INFORMATION.—Subtitle C of 

such Act is amended by adding after section 3651 (42 U.S.C. 7385j) 

the following new section: 

‘‘SEC. 3652. SOCIAL SECURITY EARNINGS INFORMATION. 

‘‘Notwithstanding the provision of section 552a of title 5, United 

States Code, or any other provision of Federal or State law, the Social Security Administration shall make available to the Secretary 

of Labor, upon written request, the Social Security earnings information of living or deceased employees who may have sustained an 

illness that is the subject of a claim under this title, which the Secretary of Labor may require to carry out the provisions of this title.’’. 

(c) RECOVERY OF OVERPAYMENT.—Subtitle C of such Act is further amended by adding after section 3652 (as added by subsection 

(b)) the following new section: 

‘‘SEC. 3653. RECOVERY AND WAIVER OF OVERPAYMENTS. 

‘‘(a) IN GENERAL.—When an overpayment has been made to an 

individual under this title because of an error of fact or law, recovery shall be made under regulations prescribed by the Secretary of 

Labor by decreasing later payments to which the individual is entitled. If the individual dies before the recovery is completed, recovery 

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shall be made by decreasing later benefits payable under this title 

with respect to the individual’s death. 

‘‘(b) WAIVER.—Recovery by the United States under this section 

may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would 

defeat the purpose of this title or would be against equity and good 

conscience. 

‘‘(c) LIABILITY.—A certifying or disbursing official is not liable 

for an amount certified or paid by him when recovery of the amount 

is waived under subsection (b) of this section, or when recovery 

under subsection (a) of this section is not completed before the death 

of all individuals against whose benefits deductions are authorized.’’. 

SEC. 3164. TRANSFER OF FUNDS FOR FISCAL YEAR 2005. 

Of the funds appropriated to the Secretary of Energy for fiscal 

year 2005 for the Energy Employees Occupational Illness Compensation Program, the Secretary of Energy shall transfer to the 

Secretary of Labor the amount of funds that the Secretary of Energy, in consultation with the Secretary of Labor, determine will be 

necessary for fiscal year 2005 to administer the provisions of subtitle E of the Energy Employees Occupational Illness Compensation 

Program Act of 2000, as added by this Act.

SEC. 3165. USE OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION FUND FOR CERTAIN PAYMENTS TO COVERED 

URANIUM EMPLOYEES. 

(a) IN GENERAL.—Section 3630 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 

7384u) is amended in subsection (d) by inserting after ‘‘The compensation provided under this section’’ the following: ‘‘and the compensation provided under section 5 of the Radiation Exposure Compensation Act’’. 

(b) CONFORMING AMENDMENT.—Section 6(c)(1) of the Radiation 

Exposure Compensation Act (42 U.S.C. 2210 note) is amended by 

inserting after ‘‘Fund’’ the following: ‘‘(or, in the case of a payment 

under section 5, from the Energy Employees Occupational Illness 

Compensation Fund, pursuant to section 3630(d) of the Energy Employees Occupational Illness Compensation Program Act of 2000)’’. 

SEC. 3166. IMPROVEMENTS TO SUBTITLE B OF ENERGY EMPLOYEES 

OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT 

OF 2000. 

(a) ADVISORY BOARD.—Section 3624 of the Energy Employees 

Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 

7384o) is amended by adding at the end the following new subsections: 

‘‘(e) SECURITY CLEARANCES.—(1) The Secretary of Energy shall 

ensure that the members and staff of the Board, and the contractors 

performing work in support of the Board, are afforded the opportunity to apply for a security clearance for any matter for which 

such a clearance is appropriate. The Secretary should, not later 

than 180 days after receiving a completed application, make a determination whether or not the individual concerned is eligible for 

the clearance. 

‘‘(2) For fiscal year 2007 and each fiscal year thereafter, the 

Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy 

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budget for that fiscal year (as submitted with the budget of the 

President under section 1105(a) of title 31, United States Code) a 

report specifying the number of applications for security clearances 

under this subsection, the number of such applications granted, and 

the number of such applications denied. 

‘‘(f) INFORMATION.—The Secretary of Energy shall, in accordance with law, provide to the Board and the contractors of the 

Board access to any information that the Board considers relevant 

to carry out its responsibilities under this title, including information such as Restricted Data (as defined in section 11 y. of the 

Atomic Energy Act of 1954 (42 U.S.C. 2014(y))) and information 

covered by the Privacy Act.’’. 

(b) DEADLINES FOR SPECIAL EXPOSURE COHORT ACTIONS.—(1) 

Section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q) is amended—

(A) by redesignating subsection (c) as subsection (d); and 

(B) by inserting after subsection (b) the following new subsection: 

‘‘(c) DEADLINES.—(1) Not later than 180 days after the date on 

which the President receives a petition for designation as members 

of the Special Exposure Cohort, the Director of the National Institute for Occupational Safety and Health shall submit to the Advisory Board on Radiation and Worker Health a recommendation on 

that petition, including all supporting documentation. 

‘‘(2)(A) Upon receipt by the President of a recommendation of 

the Advisory Board on Radiation and Worker Health that the President should determine in the affirmative that paragraphs (1) and 

(2) of subsection (b) apply to a class, the President shall have a period of 30 days in which to determine whether such paragraphs 

apply to the class and to submit that determination (whether affirmative or negative) to Congress. 

‘‘(B) If the determination submitted by the President under subparagraph (A) is in the affirmative, the President shall also submit 

a report meeting the requirements of section 3621(14)(C)(ii). 

‘‘(C) If the President does not submit a determination required 

by subparagraph (A) within the period required by subparagraph 

(A), then upon the day following the expiration of that period, it 

shall be deemed for purposes of section 3621(14)(C)(ii) that the 

President submitted the report under that provision on that day.’’. 

(2) Section 3621(14)(C)(ii) of that Act (42 U.S.C. 

7384l(14)(C)(ii)) is amended by striking ‘‘180 days’’ and inserting 

‘‘30 days’’. 

(c) SITE PROFILES.—Subtitle B of that Act is amended by adding after section 3632 (as added by section 3163(a)) the following 

new section: 

‘‘SEC. 3633. COMPLETION OF SITE PROFILES. 

‘‘(a) IN GENERAL.—To the extent that the Secretary of Labor determines it useful and practicable, the Secretary of Labor shall direct the Director of the National Institute for Occupational Safety 

and Health to prepare site profiles for a Department of Energy facility based on the records, files, and other data provided by the Secretary of Energy and such other information as is available, including information available from the former worker medical screening 

programs of the Department of Energy. 

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‘‘(b) INFORMATION.—The Secretary of Energy shall furnish to 

the Secretary of Labor any information that the Secretary of Labor 

finds necessary or useful for the production of such site profiles, including records from the Department of Energy former worker medical screening program. 

‘‘(c) DEFINITION.—In this section, the term ‘site profile’ means 

an exposure assessment of a facility that identifies the toxic substances or processes that were commonly used in each building or 

process of the facility, and the time frame during which the potential for exposure to toxic substances existed. 

‘‘(d) TIME FRAMES.—The Secretary of Health and Human Services shall establish time frames for completing site profiles for those 

Department of Energy facilities for which a site profile has not been 

completed. Not later than March 1, 2005, the Secretary of Health 

and Human Services shall submit to Congress a report setting forth 

those time frames.’’. 

SEC. 3167. EMERGENCY SPECIAL EXPOSURE COHORT MEETING AND 

REPORT. 

(a) MEETING OF ADVISORY BOARD.—(1) For purposes of carrying 

out section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q), the President 

shall require the Advisory Board on Radiation and Worker Health 

to convene a meeting of the Board at which the Board considers 

each petition for designation as members of the Special Exposure 

Cohort—

(A) that was filed not later than October 1, 2004; and 

(B) the evaluation of which (by the Director of the National 

Institute of Occupational Safety and Health) was completed 

more than 10 days before a previously scheduled meeting of the 

Board. 

(2) Effective March 1, 2005, this subsection shall have no further force or effect. 

(b) REPORT TO CONGRESS.—Not later than March 15, 2005, the 

President shall submit to Congress a report on the status of the petitions referred to in subsection (a). The report shall include, for each 

petition, the estimated time to complete the consideration of that petition and any anticipated actions or circumstances that could preclude the Board from acting upon that petition before the end of fiscal year 2005.

SEC. 3168. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS EMPLOYER FACILITIES DURING PERIODS OF RESIDUAL CONTAMINATION. 

(a) COVERAGE.—Paragraph (3) of section 3621 of the Energy 

Employees Occupational Illness Compensation Program Act of 2000 

(title XXXVI of the Floyd D. Spence National Defense Authorization 

Act for Fiscal Year 2001 (as enacted into law by Public Law 106–

398); 42 U.S.C. 7384l) is amended to read as follows: 

‘‘(3) The term ‘atomic weapons employee’ means any of the 

following: 

‘‘(A) An individual employed by an atomic weapons 

employer during a period when the employer was processing or producing, for the use by the United States, material that emitted radiation and was used in the production 

of an atomic weapon, excluding uranium mining and milling. 

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‘‘(B) An individual employed— 

‘‘(i) at a facility with respect to which the National 

Institute for Occupational Safety and Health, in its report dated October 2003 and titled ‘Report on Residual 

Radioactive and Beryllium Contamination at Atomic 

Weapons Employer Facilities and Beryllium Vendor 

Facilities’, or any update to that report, found that 

there is a potential for significant residual contamination outside of the period in which weapons-related 

production occurred; 

‘‘(ii) by an atomic weapons employer or subsequent 

owner or operators of a facility described in clause (i); 

and 

‘‘(iii) during a period, as specified in such report or 

any update to such report, of potential for significant 

residual radioactive contamination at such facility.’’. 

(b) RADIATION DOSE FOR CERTAIN ATOMIC WEAPONS EMPLOY- EES.—Section 3623 of that Act (42 U.S.C. 7384n) is amended by 

adding at the end of subsection (c) the following new paragraph: 

‘‘(4) In the case of an atomic weapons employee described in section 3621(3)(B), the following doses of radiation shall be treated, for 

purposes of paragraph (3)(A) of this subsection, as part of the radiation dose received by the employee at such facility: 

‘‘(A) Any dose of ionizing radiation received by that employee from facilities, materials, devices, or byproducts used or 

generated in the research, development, production, dismantlement, transportation, or testing of nuclear weapons, or from any 

activities to research, produce, process, store, remediate, or dispose of radioactive materials by or on behalf of the Department 

of Energy (except for activities covered by Executive Order No. 

12344, dated February 1, 1982 (42 U.S.C. 7158 note) pertaining 

to the Naval Nuclear Propulsion Program). 

‘‘(B) Any dose of ionizing radiation received by that employee from a source not covered by subparagraph (A) that is 

not distinguishable through reliable documentation from a dose 

covered by subparagraph (A).’’.

SEC. 3169. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF FACILITIES. 

(a) UPDATE OF REPORT.—Not later than December 31, 2006, the 

Director of the National Institute for Occupational Safety and 

Health shall submit to Congress an update to the report required 

by section 3151(b) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 42 U.S.C. 7384 note). 

(b) ELEMENTS.—The update shall— 

(1) for each facility for which such report found that insufficient information was available to determine whether significant residual contamination was present, determine whether 

significant residual contamination was present; 

(2) for each facility for which such report found that significant residual contamination remained present as of the date 

of the report, determine the date on which such contamination 

ceased to be present; 

(3) for each facility for which such report found that significant residual contamination was present but for which the 

Director has been unable to determine the extent to which such 

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contamination is attributable to atomic weapons-related activities, identify the specific dates of coverage attributable to such 

activities and, in so identifying, presume that such contamination is attributable to such activities until there is evidence of 

decontamination of residual contamination identified with 

atomic weapons-related activities; 

(4) for each facility for which such report found significant 

residual contamination, determine whether it is at least as likely as not that such contamination could have caused an employee who was employed at such facility only during the residual contamination period to contract a cancer or beryllium illness compensable under subtitle B of the Energy Employees Occupational Illness Compensation Program Act of 2000; and 

(5) if new information that pertains to the report has been 

made available to the Director since that report was submitted, 

identify and describe such information. 

(c) PUBLICATION.—The Director shall ensure that the report referred to in subsection (a) is published in the Federal Register not 

later than 15 days after being released.

SEC. 3170. SENSE OF CONGRESS ON RESOURCE CENTER FOR ENERGY 

EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL 

ILLNESS COMPENSATION PROGRAM IN WESTERN NEW 

YORK AND WESTERN PENNSYLVANIA REGION. 

(a) FINDINGS.—Congress makes the following findings: 

(1) New York has 36 current or former Department of Energy facilities involved in nuclear weapons production-related 

activities statewide, mostly atomic weapons employer facilities, 

and 14 such facilities in western New York. Despite having one 

of the greatest concentrations of such facilities in the United 

States, western New York, and abutting areas of Pennsylvania, 

continue to be severely underserved by the Energy Employees 

Occupational Illness Compensation Program under the Energy 

Employees Occupational Illness Compensation Program Act of 

2000 (title XXXVI of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398); 42 U.S.C. 7384 et seq.). 

(2) The establishment of a permanent resource center in 

western New York would represent a substantial step toward 

improving services under the Energy Employees Occupational 

Illness Compensation Program for energy employees in this region. 

(3) The number of claims submitted to the Department 

under subtitle B of the Energy Employees Occupational Illness 

Compensation Program Act of 2000 from the western New York 

region, including western Pennsylvania, exceeds the number of 

such claims filed at resource centers in Hanford, Washington, 

Portsmouth, Ohio, Los Alamos, New Mexico, the Nevada Test 

Site, Nevada, the Rocky Flats Environmental Technology Site, 

Colorado, the Idaho National Engineering Laboratory, Idaho, 

and the Amchitka Test Site, Alaska. 

(4) Energy employees in the western New York region, including western Pennsylvania, deserve assistance under subtitle 

B of the Energy Employees Occupational Illness Compensation 

Program Act of 2000 commensurate with the assistance provided energy employees at other locations in the United States. 

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(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of Labor should—

(1) review the availability of assistance under subtitle B of 

the Energy Employees Occupational Illness Compensation Program Act of 2000 for energy employees in the western New York 

region, including western Pennsylvania; and 

(2) recommend a location in that region for a resource center to provide such assistance to such energy employees.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 

BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2005, 

$21,268,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 

U.S.C. 2286 et seq.).

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

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

Sec. 3302. Revision of earlier authority to dispose of certain materials in National 

Defense Stockpile. 

Sec. 3303. Disposal of ferromanganese. 

Sec. 3304. Prohibition on storage of mercury at certain facilities.

SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 

FUNDS. 

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 

2005, the National Defense Stockpile Manager may obligate up to 

$59,700,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the 

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 

for the authorized uses of such funds under subsection (b)(2) of such 

section, including the disposal of hazardous materials that are environmentally sensitive. 

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 

Manager may obligate amounts in excess of the amount specified in 

subsection (a) if the National Defense Stockpile Manager notifies 

Congress that extraordinary or emergency conditions necessitate the 

additional obligations. The National Defense Stockpile Manager 

may make the additional obligations described in the notification 

after the end of the 45-day period beginning on the date on which 

Congress receives the notification. 

(c) LIMITATIONS.—The authorities provided by this section shall 

be subject to such limitations as may be provided in appropriations 

Acts.

SEC. 3302. REVISION OF EARLIER AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE. 

Section 3303(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50 

U.S.C. 98d note) is amended by striking paragraphs (4) and (5) and 

inserting the following new paragraphs: 

‘‘(4) $785,000,000 by the end of fiscal year 2005; and 

‘‘(5) $870,000,000 by the end of fiscal year 2009.’’.

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SEC. 3303. DISPOSAL OF FERROMANGANESE. 

(a) DISPOSAL AUTHORIZED.—The Secretary of Defense may dispose of up to 50,000 tons of ferromanganese from the National Defense Stockpile during fiscal year 2005. 

(b) CONTINGENT AUTHORITY FOR ADDITIONAL DISPOSAL.—(1) If 

the Secretary of Defense completes the disposal of the total quantity 

of ferromanganese authorized for disposal by subsection (a) before 

September 30, 2005, the Secretary of Defense may dispose of up to 

an additional 25,000 tons of ferromanganese from the National Defense Stockpile before that date. 

(2) If the Secretary completes the disposal of the total quantity 

of additional ferromanganese authorized for disposal by paragraph 

(1) before September 30, 2005, the Secretary may dispose of up to 

an additional 25,000 tons of ferromanganese from the National Defense Stockpile before that date. 

(c) CERTIFICATION.—The Secretary of Defense may dispose of 

ferromanganese under the authority of paragraph (1) or (2) of subsection (b) only if the Secretary submits written certification to the 

Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives, not later than 30 

days before the commencement of disposal under the applicable 

paragraph, that—

(1) the disposal of the additional ferromanganese from the 

National Defense Stockpile is in the interest of national defense; 

(2) the disposal of the additional ferromanganese will not 

cause undue disruption to the usual markets of producers and 

processors of ferromanganese in the United States; and 

(3) the disposal of the additional ferromanganese is consistent with the requirements and purpose of the National Defense Stockpile. 

(d) DELEGATION OF RESPONSIBILITY.—The Secretary of Defense 

may delegate the responsibility of the Secretary under subsection (c) 

to an appropriate official within the Department of Defense. 

(e) NATIONAL DEFENSE STOCKPILE DEFINED.—In this section, 

the term ‘‘National Defense Stockpile’’ means the stockpile provided 

for in section 4 of the Strategic and Critical Materials Stock Piling 

Act (50 U.S.C. 98c).

SEC. 3304. PROHIBITION ON STORAGE OF MERCURY AT CERTAIN FACILITIES. 

(a) PROHIBITION.—During fiscal year 2005, the Secretary of Defense may not store mercury from the National Defense Stockpile at 

any facility that is not owned or leased by the United States. 

(b) NATIONAL DEFENSE STOCKPILE DEFINED.—In this section, 

the term ‘‘National Defense Stockpile’’ means the stockpile provided 

for in section 4 of the Strategic and Critical Materials Stock Piling 

Act (50 U.S.C. 98c).

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There are hereby authorized to be appropriated to the Secretary of Energy $20,000,000 

for fiscal year 2005 for the purpose of carrying out activities under 

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chapter 641 of title 10, United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended.

TITLE XXXV—MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for Maritime Administration. 

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

vessels. 

Sec. 3503. Modification of priority afforded applications for national defense tank 

vessel construction assistance.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME ADMINISTRATION. 

There are authorized to be appropriated to the Secretary of 

Transportation for the Maritime Administration for fiscal year 2005 

(in lieu of amounts authorized for the same purposes by section 

3511 of the National Defense Authorization Act for Fiscal Year 

2004)—

(1) for expenses necessary for operations and training activities, $109,300,000; 

(2) for administrative expenses under the loan guarantee 

program authorized by title XI of the Merchant Marine Act, 

1936 (46 U.S.C. App. 1271 et seq.), $4,764,000; and 

(3) for ship disposal, $35,000,000, of which $2,000,000 

shall be for decommissioning, removal, and disposal of the nuclear reactor and hazardous materials on board the vessel SAVANNAH.

SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR RISK INSURANCE FOR MERCHANT MARINE VESSELS. 

(a) EXTENSION.—Section 1214 of the Merchant Marine Act, 

1936 (46 U.S.C. App. 1294), is amended by striking ‘‘June 30, 2005’’ 

and inserting ‘‘December 31, 2010’’. 

(b) INVESTMENT OF ASSETS IN INSURANCE FUND.—Section 

1208(a) of such Act (46 U.S.C. App. 1288), is amended by striking 

the third sentence and inserting the following: ‘‘The Secretary of 

Transportation may request the Secretary of the Treasury to invest 

such portion of the Fund as is not, in the judgment of the Secretary 

of Transportation, required to meet the current needs of the fund. 

Such investments shall be made by the Secretary of the Treasury in 

public debt securities of the United States, with maturities suitable 

to the needs of the fund, and bearing interest rates determined by 

the Secretary of the Treasury, taking into consideration current 

market yields on outstanding marketable obligations of the United 

States of comparable maturity.’’.

SEC. 3503. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS 

FOR NATIONAL DEFENSE TANK VESSEL CONSTRUCTION 

ASSISTANCE. 

Section 3542(d)(2) of the Maritime Security Act of 2003 (title 

XXXV of Public Law 108–136; 117 Stat. 1821; 46 U.S.C. 53101 

note) is amended—

(1) in subparagraph (A), by striking ‘‘and’’ at the end; 

(2) in subparagraph (B) by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

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‘‘(C) with respect to any proposal for financial assistance to be provided from amounts appropriated for a fiscal 

year after fiscal year 2005, acceptance of the vessel to be 

constructed with the assistance for participation in the 

Shipboard Technology Evaluation Program as outlined in 

Navigation and Vessel Inspection Circular 01–04, issued by 

the Commandant of the United States Coast Guard on January 2, 2004.’’.

TITLE XXXVI—ASSISTANCE TO FIREFIGHTERS

Sec. 3601. Short title. 

Sec. 3602. Amendments to Federal Fire Prevention and Control Act of 1974. 

Sec. 3603. Report on assistance to firefighters.

SEC. 3601. SHORT TITLE. 

This title may be cited as the ‘‘Assistance to Firefighters Grant 

Program Reauthorization Act of 2004’’. 

SEC. 3602. AMENDMENTS TO FEDERAL FIRE PREVENTION AND CONTROL ACT OF 1974. 

Section 33 of the Federal Fire Prevention and Control Act of 

1974 (15 U.S.C. 2229) is amended—

(1) in subsection (b)(1)(A)—

(A) by inserting ‘‘throughout the Nation’’ after ‘‘personnel’’; and 

(B) by striking ‘‘and’’ at the end; 

(2) in subsection (b)(1)(B)—

(A) by inserting ‘‘and firefighter safety research and development’’ after ‘‘fire prevention’’; and 

(B) by striking the period and inserting ‘‘; and’’; 

(3) by adding at the end of subsection (b)(1) the following 

new subparagraph: 

‘‘(C) provide assistance for nonaffiliated EMS organizations for the purpose of paragraph (3)(F).’’; 

(4) in subsection (b)(3)(F), by inserting ‘‘and nonaffiliated 

EMS organizations’’ after ‘‘fire departments’’; 

(5) in subsection (b)(4)—

(A) by inserting ‘‘AND FIREFIGHTER SAFETY RESEARCH

AND DEVELOPMENT’’ after ‘‘PREVENTION’’ in the paragraph 

heading; 

(B) in subparagraph (A)(ii)—

(i) by inserting ‘‘that are not fire departments and’’ 

after ‘‘community organizations’’; 

(ii) by inserting ‘‘and firefighter research and development programs,’’ after ‘‘fire safety programs and 

activities,’’; and 

(iii) by inserting ‘‘and research to improve firefighter health and life safety’’ after ‘‘fire prevention programs’’; 

(C) in subparagraph (B), by striking ‘‘to children from 

fire’’ and inserting ‘‘to high risk groups from fire, as well 

as research programs that demonstrate the potential to improve firefighter safety’’; and 

(D) by adding at the end the following new subparagraph: 

386

‘‘(C) GRANT LIMITATION.—A grant under this paragraph shall not be greater than $1,000,000 for a fiscal 

year.’’; 

(6) in subsection (b)(5)(B)—

(A) by redesignating clause (iv) as clause (v); and 

(B) by inserting after clause (iii) the following new 

clause: 

‘‘(iv) OTHER FEDERAL SUPPORT.—A list of other 

sources of Federal funding received by the applicant. 

The Director, in coordination with the Secretary of 

Homeland Security, shall use such list to prevent unnecessary duplication of grant funds.’’. 

(7) in subsection (b)(6), by striking subparagraphs (A) and 

(B) and inserting the following: 

‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 

(C), the Director may provide assistance under this subsection only if the applicant for such assistance agrees to 

match 20 percent of such assistance for any fiscal year with 

an equal amount of non-Federal funds. 

‘‘(B) REQUIREMENT FOR SMALL COMMUNITY ORGANIZATIONS.—In the case of an applicant whose personnel—

‘‘(i) serve jurisdictions of 50,000 or fewer residents, 

the percent applied under the matching requirement of 

subparagraph (A) shall be 10 percent; and

‘‘(ii) serve jurisdictions of 20,000 or fewer residents, 

the percent applied under the matching requirement of 

subparagraph (A) shall be 5 percent. 

‘‘(C) FIRE PREVENTION AND FIREFIGHTER SAFETY

GRANTS.—There shall be no matching requirement for a 

grant described in paragraph (4)(A)(ii).’’; 

(8) in subsection (b)(10)—

(A) by amending subparagraph (A) to read as follows: 

‘‘(A) RECIPIENT LIMITATIONS.—A grant recipient under 

subsection (b)(1)(A)—

‘‘(i) that serves a jurisdiction with 500,000 people 

or less may not receive grants in excess of $1,000,000 

for any fiscal year; 

‘‘(ii) that serves a jurisdiction with more than 

500,000 but not more than 1,000,000 people may not 

receive grants in excess of $1,750,000 for any fiscal 

year; and 

‘‘(iii) that serves a jurisdiction with more than 

1,000,000 people may not receive grants in excess of 

$2,750,000 for any fiscal year. 

The Director may award grants in excess of the limitations 

provided in clause (i) and (ii) if the Director determines 

that extraordinary need for assistance by a jurisdiction 

warrants a waiver.’’; 

(B) by redesignating subparagraph (B) as subparagraph (C); 

(C) by inserting after subparagraph (A) the following 

new subparagraph: 

‘‘(B) DISTRIBUTION.—Notwithstanding subparagraph 

(A), no single recipient may receive more than the lesser of 

387

$2,750,000 or one half of one percent of the funds appropriated under this section for a single fiscal year.’’; and 

(D) by adding at the end the following new subparagraphs: 

‘‘(D) REQUIREMENTS FOR GRANTS FOR EMERGENCY MEDICAL SERVICES.—Subject to the restrictions in subparagraph 

(E), not less than 3.5 percent of the funds appropriated 

under this section for a fiscal year shall be awarded for 

purposes described in paragraph (3)(F). 

‘‘(E) NONAFFILIATED EMS LIMITATION.—Not more than 

2 percent of the funds appropriated to provide grants under 

this section for a fiscal year shall be awarded to nonaffiliated EMS organizations. 

‘‘(F) APPLICATION OF SELECTION CRITERIA TO GRANT APPLICATIONS FROM NONAFFILIATED EMS ORGANIZATIONS.—In 

reviewing applications submitted by nonaffiliated EMS organizations, the Director shall consider the extent to which 

other sources of Federal funding are available to provide 

assistance requested in such grant applications.’’; 

(9) in subsection (b), by adding at the end the following 

new paragraphs: 

‘‘(13) ANNUAL MEETING.—The Director shall convene an annual meeting of individuals who are members of national fire 

service organizations and are recognized for expertise in firefighting or emergency medical services provided by fire services, 

and who are not employees of the Federal Government, for the 

purpose of recommending criteria for awarding grants under 

this section for the next fiscal year and recommending any necessary administrative changes to the grant program. 

‘‘(14) GUIDELINES.—(A) Each year, prior to making any 

grants under this section, the Director shall publish in the Federal Register—

‘‘(i) guidelines that describe the process for applying for 

grants and the criteria for awarding grants; and 

‘‘(ii) an explanation of any differences between the 

guidelines and the recommendations made pursuant to 

paragraph (13). 

‘‘(B) The criteria for awarding grants under subsection 

(b)(1)(A) shall include the extent to which the grant would enhance the daily operations of the applicant and the impact of 

such a grant on the protection of lives and property. 

‘‘(15) PEER REVIEW.—The Director shall, after consultation 

with national fire service organizations, appoint fire service personnel to conduct peer review of applications received under 

paragraph (5). In making grants under this section, the Director shall consider the results of such peer review evaluations. 

‘‘(16) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE

ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) 

shall not apply to activities under paragraphs (13) and (15). 

‘‘(17) ACCOUNTING DETERMINATION.—Notwithstanding any 

other provision of law, rule, regulation, or guidance, for purposes of receiving assistance under this section, equipment costs 

shall include, but not be limited to, all costs attributable to any 

design, purchase of components, assembly, manufacture, and 

388

transportation of equipment not otherwise commercially available.’’; 

(10) by amending subsection (d) to read as follows: 

‘‘(d) DEFINITIONS.—In this section—

‘‘(1) the term ‘Director’ means the Director, acting through 

the Administrator; 

‘‘(2) the term ‘nonaffiliated EMS organization’ means a 

public or private nonprofit emergency medical services organization that is not affiliated with a hospital and does not serve 

a geographic area in which the Director finds that emergency 

medical services are adequately provided by a fire department; 

and 

‘‘(3) the term ‘State’ includes the District of Columbia and 

the Commonwealth of Puerto Rico.’’; and 

(11) in subsection (e)(1), by striking the first sentence and 

inserting ‘‘There are authorized to be appropriated for the purposes of this section $900,000,000 for fiscal year 2005, 

$950,000,000 for fiscal year 2006, and $1,000,000,000 for each 

of the fiscal years 2007 through 2009.’’.

SEC. 3603. REPORT ON ASSISTANCE TO FIREFIGHTERS. 

(a) STUDY AND REPORT ON ASSISTANCE TO FIREFIGHTERS.— 

(1) STUDY.—The Administrator of the United States Fire 

Administration, in conjunction with the National Fire Protection Association, shall conduct a study to— 

(A) define the current roles and activities associated 

with the fire services on a national, State, regional, and 

local level; 

(B) identify the equipment, staffing, and training required to fulfill the roles and activities defined under subparagraph (A); 

(C) conduct an assessment to identify gaps between 

what fire departments currently possess and what they require to meet the equipment, staffing, and training needs 

identified under subparagraph (B) on a national and Stateby-State basis; and 

(D) measure the impact of the Assistance to Firefighters 

Grant program under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) in meeting 

the needs of the fire services identified in the report submitted to Congress under section 1701(b) of the Floyd D. 

Spence National Defense Authorization Act for Fiscal Year 

2001 and filling the gaps identified under subparagraph 

(C). 

(2) REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Science of the House of Representatives 

a report on the findings of the study described in paragraph (1). 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the United States Fire Administration 

$300,000 for fiscal year 2005 to carry out the study required by subsection (a).

And the Senate agree to the same.

389

From the Committee on Armed Services, for consideration 

of the House bill and the Senate amendment, and modifications committed to conference: 

DUNCAN HUNTER, CURT WELDON, JOEL HEFLEY, JIM SAXTON, JOHN M. MCHUGH, TERRY EVERETT, ROSCOE G. BARTLETT, HOWARD P. ‘‘BUCK’’ MCKEON, MAC THORNBERRY, 

JOHN N. HOSTETTLER, 

JIM RYUN, 

JIM GIBBONS, 

ROBIN HAYES, 

KEN CALVERT, 

ROB SIMMONS, IKE SKELTON, 

JOHN SPRATT, 

SOLOMON P. ORTIZ, LANE EVANS, NEIL ABERCROMBIE, MARTIN T. MEEHAN, SILVESTRE REYES, VIC SNYDER, JIM TURNER, ADAM SMITH, LORETTA SANCHEZ, 

BARON HILL, 

From the Permanent Select Committee on Intelligence, for 

consideration of matters within the jurisdiction of that 

committee under clause 11 of rule X: 

PETE HOEKSTRA, 

RAY LAHOOD, JANE HARMAN, From the Committee on Agriculture, for consideration of 

sec. 1076 of the Senate amendment, and modifications 

committed to conference: 

BOB GOODLATTE, 

MAX BURNS, 

CHARLES W. STENHOLM,

From the Committee on Education and the Workforce, for 

consideration of secs. 590, 595, 596, 904, and 3135 of the 

House bill, and secs. 351, 352, 532, 533, 707, 868, 1079, 

3143, and 3151–3157 of the Senate amendment, and modifications committed to conference: 

SAM JOHNSON, 

TIMOTHY BISHOP, From the Committee on Government Reform, for consideration of secs. 801, 806, 807, 825, 1061, 1101–1104, 2833, 

2842, and 2843 of the House bill, and secs. 801, 805, 832, 

851, 852, 869, 870, 1034, 1059B, 1091, 1101, 1103–1107, 

1110, 2823, 2824, 2833, and 3121 of the Senate amendment, and modifications committed to conference: 

390

TOM DAVIS, From the Committee on House Administration, for consideration of secs. 572 and 1065 of the Senate amendment, 

and modifications committed to conference: 

BOB NEY, VERNON J. EHLERS, JOHN B. LARSON, From the Committee on International Relations, for consideration of secs. 811, 1013, 1031, 1212, 1215, Title XIII, 

secs. 1401–1405, 1411, 1412, 1421, and 1422 of the house 

bill, and secs. 1014, 1051–1053, 1058, 1059A, 1059B, 1070, 

Title XII, secs. 3131 and 3132 of the Senate amendment, 

and modifications committed to conference: 

HENRY HYDE, 

JAMES LEACH, 

From the Committee on the Judiciary, for consideration of 

secs. 551, 573, 616, 652, 825, 1075, 1078, 1105, 2833, 2842, 

and 2843 of the House Bill, and secs. 620, 842, 1063, 1068, 

1074, 1080–1082, 1101, 1106, 1107, 2821, 2823, 2824, 

3143, 3146, 3151–3157, 3401–3410 of the Senate amendment, and modifications committed to conference: 

F. JAMES SENSENBRENNER, Jr., 

LAMAR SMITH, From the Committee on Resources, for consideration of 

secs. 601 and 2834 of the House bill, and sec. 1076 of the 

Senate amendment, and modifications committed to conference: 

GREG WALDEN, JAY INSLEE, 

From the Committee on Science, for consideration of sec. 

596 of the House bill and secs. 1034, 1092, and Title XXXV 

of the Senate amendment, and modifications committed to 

conference: 

SHERWOOD BOEHLERT, 

NICK SMITH, BART GORDON, From the Committee on Small Business, for consideration 

of secs. 807 and 3601 of the House bill, and secs. 805, 822, 

823, 912, and 1083 of the Senate amendment, and modifications committed to conference: 

DONALD A. MANZULLO, 

SUE KELLY, 

From the Committee on Transportation and Infrastructure, for consideration of secs. 555, 558, 596, 601, 905, 

1051, 1063, 1072, and 3502 of the House bill, and sec. 321, 

323, 325, 717, 1066, 1076, 1091, 2828, 2833–2836, and 

Title XXXV of the Senate amendment, and modifications 

committed to conference: 

DON YOUNG, JOHN J. DUNCAN, Jr., 

MICHAEL E. CAPUANO, From the Committee on Veterans’ Affairs, for consideration of secs. 2810 and 2831 of the House bill, and secs. 

642, 2821, and 2823 of the Senate amendment, and modifications committed to conference: 

391

CHRISTOPHER H. SMITH, From the Committee on Ways and Means, for consideration of sec. 585 of the House bill, and sec. 653 of the Senate amendment, and modifications committed to conference: 

E. CLAY SHAW, Jr., 

DAVE CAMP, Managers on the Part of the House.

JOHN W. WARNER, 

JOHN MCCAIN, 

PAT ROBERTS, 

WAYNE ALLARD, 

JEFF SESSIONS, 

SUSAN M. COLLINS, 

JOHN ENSIGN, 

JIM TALENT, 

SAXBY CHAMBLISS, 

LINDSEY GRAHAM, 

ELIZABETH DOLE, 

JOHN CORNYN, 

CARL LEVIN, 

EDWARD M. KENNEDY, 

ROBERT C. BYRD, 

JOE LIEBERMAN, 

JACK REED, 

DANIEL K. AKAKA, 

BILL NELSON, 

E. BENJAMIN NELSON, 

MARK DAYTON, 

EVAN BAYH, 

HILLARY RODHAM CLINTON, 

MARK PRYOR, 

Managers on the Part of the Senate.

(393)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendment of the Senate to the bill (H.R. 4200), 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, submit the following joint statement to the House and 

the Senate in explanation of the effect of the action agreed upon 

by the managers and recommended in the accompanying conference report: 

The Senate amendment struck all of the House bill after the 

enacting clause and inserted a substitute text. 

The House recedes from its disagreement to the amendment of 

the Senate with an amendment that is a substitute for the House 

bill and the Senate amendment. The differences between the House 

bill, the Senate amendment, and the substitute agreed to in conference are noted below, except for clerical corrections, conforming 

changes made necessary by agreements reached by the conferees, 

and minor drafting and clarifying changes. 

SUMMARY STATEMENT OF CONFERENCE ACTIONS

The Conferees recommend authorization of appropriations for 

fiscal year 2005 for the Department of Defense for procurement; research and development; test and evaluation; operation and maintenance; working capital funds; military construction and family 

housing; and for weapons and environmental restoration programs 

of the Department of Energy; that have a budget authority implication of $445.6 billion for the national defense function. 

Summary table of authorizations 

The defense authorization act provides authorizations for appropriations but does not generally provide budget authority. Budget authority is provided in the appropriations act. 

In order to relate the conference recommendations to the budget resolution, matters in addition to the dollar authorizations contained in this bill must be taken into account. A number of programs in the national defense function are authorized in other legislation. 

The following table summarizes authorizations included in the 

bill for fiscal year 2005 and, in addition, summarizes the implications of the conference action for the budget authority totals for national defense (budget function 050).

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(401)

TITLE I—PROCUREMENT 

Procurement Overview 

The budget request for fiscal year 2005 included an authorization of $74,653.3 million in Procurement for the Department of Defense. 

The House bill would authorize $76,278.7 million. 

The Senate amendment would authorize $76,467.1 million. 

The conferees recommend an authorization of $74,183.0 million. Unless noted explicitly in the statement of managers, all 

changes are made without prejudice.

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Aircraft Procurement, Army Overview 

The budget request for fiscal year 2005 included an authorization of $2,658.2 million in Aircraft Procurement, Army for the Department of Defense. 

The House bill would authorize $2,809.9 million. 

The Senate amendment would authorize $2,702.6 million. 

The conferees recommend an authorization of $2,611.5 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Missile Procurement, Army Overview 

The budget request for fiscal year 2005 included an authorization of $1,398.3 million in Missile Procurement, Army for the Department of Defense. 

The House bill would authorize $1,504.3 million. 

The Senate amendment would authorize $1,488.3 million. 

The conferees recommend an authorization of $1,307.0 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Procurement of Weapons and Tracked Combat Vehicles, Army Overview 

The budget request for fiscal year 2005 included an authorization of $1,639.7 million in Procurement of Weapons and Tracked 

Combat Vehicles, Army for the Department of Defense. 

The House bill would authorize $1,739.7 million. 

The Senate amendment would authorize $1,698.6 million. 

The conferees recommend an authorization of $1,702.7 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Procurement of Ammunition, Army Overview 

The budget request for fiscal year 2005 included an authorization of $1,556.9 million in Procurement of Ammunition, Army for 

the Department of Defense. 

The House bill would authorize $1,729.4 million. 

The Senate amendment would authorize $1,598.3 million. 

The conferees recommend an authorization of $1,545.7 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Other Procurement, Army Overview 

The budget request for fiscal year 2005 included an authorization of $4,240.9 million in Other Procurement, Army for the Department of Defense. 

The House bill would authorize $4,309.6 million. 

The Senate amendment would authorize $5,383.3 million. 

The conferees recommend an authorization of $4,345.2 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Aircraft Procurement, Navy Overview 

The budget request for fiscal year 2005 included an authorization of $8,767.9 million in Aircraft Procurement, Navy for the Department of Defense. 

The House bill would authorize $8,912.7 million. 

The Senate amendment would authorize $8,870.8 million. 

The conferees recommend an authorization of $8,814.4 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Weapons Procurement, Navy Overview 

The budget request for fiscal year 2005 included an authorization of $2,101.5 million in Weapons Procurement, Navy for the Department of Defense. 

The House bill would authorize $2,253.5 million. 

The Senate amendment would authorize $2,183.8 million. 

The conferees recommend an authorization of $2,067.5 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Procurement of Ammunition, Navy and Marine Corps Overview 

The budget request for fiscal year 2005 included an authorization of $858.6 million in Procurement of Ammunition, Navy and 

Marine Corps for the Department of Defense. 

The House bill would authorize $870.8 million. 

The Senate amendment would authorize $873.1 million. 

The conferees recommend an authorization of $878.1 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Shipbuilding and Conversion, Navy Overview 

The budget request for fiscal year 2005 included an authorization of $9,962.0 million in Shipbuilding and Conversion, Navy for 

the Department of Defense. 

The House bill would authorize $10,120.0 million. 

The Senate amendment would authorize $10,127.0 million. 

The conferees recommend an authorization of $10,116.8 million. Unless noted explicitly in the statement of managers, all 

changes are made without prejudice.

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Other Procurement, Navy Overview 

The budget request for fiscal year 2005 included an authorization of $4,834.3 million in Other Procurement, Navy for the Department of Defense. 

The House bill would authorize $4,876.7 million. 

The Senate amendment would authorize $4,905.0 million. 

The conferees recommend an authorization of $4,633.9 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Procurement, Marine Corps Overview 

The budget request for fiscal year 2005 included an authorization of $1,190.1 million in Procurement, Marine Corps for the Department of Defense. 

The House bill would authorize $1,315.1 million. 

The Senate amendment would authorize $1,302.7 million. 

The conferees recommend an authorization of $1,268.5 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Aircraft Procurement, Air Force Overview 

The budget request for fiscal year 2005 included an authorization of $13,163.2 million in Aircraft Procurement, Air Force for the 

Department of Defense. 

The House bill would authorize $13,649.2 million. 

The Senate amendment would authorize $13,035.7 million. 

The conferees recommend an authorization of $13,228.1 million. Unless noted explicitly in the statement of managers, all 

changes are made without prejudice.

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F/A–22 aircraft 

The budget request included $4.128 billion for the procurement 

of 24 F/A–22 aircraft. 

The House bill would authorize the budget request. 

The Senate amendment would authorize $3.848 billion for the 

procurement of 22 F/A–22 aircraft, a reduction of $280.2 million. 

The Senate amendment also included language that would allow 

the Air Force to procure more than 22 aircraft with the authorized 

funds if the Secretary of the Air Force certifies that the contractual 

delivery schedule is being met and that the program is fully funded. 

The conferees agree to authorize $4.098 billion for the procurement of 24 F/A–22 aircraft, a reduction of $30.0 million. The conferees agree that the certification required in the Senate amendment is not required to procure more than 22 aircraft. 

Procurement of Ammunition, Air Force Overview 

The budget request for fiscal year 2005 included an authorization of $1,396.5 million in Procurement of Ammunition, Air Force 

for the Department of Defense. 

The House bill would authorize $1,396.5 million. 

The Senate amendment would authorize $1,396.5 million. 

The conferees recommend an authorization of $1,319.0 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Missile Procurement, Air Force Overview 

The budget request for fiscal year 2005 included an authorization of $4,718.3 million in Missile Procurement, Air Force for the 

Department of Defense. 

The House bill would authorize $4,611.3 million. 

The Senate amendment would authorize $4,635.6 million. 

The conferees recommend an authorization of $4,548.5 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Other Procurement, Air Force Overview 

The budget request for fiscal year 2005 included an authorization of $13,283.6 million in Other Procurement, Air Force for the 

Department of Defense. 

The House bill would authorize $13,229.3 million. 

The Senate amendment would authorize $13,298.3 million. 

The conferees recommend an authorization of $12,949.3 million. Unless noted explicitly in the statement of managers, all 

changes are made without prejudice.

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Procurement, Defense-Wide Overview 

The budget request for fiscal year 2005 included an authorization of $2,883.3 million in Procurement, Defense-wide for the Department of Defense. 

The House bill would authorize $2,950.7 million. 

The Senate amendment would authorize $2,967.4 million. 

The conferees recommend an authorization of $2,846.6 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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ITEMS OF SPECIAL INTEREST

Joint surveillance and target attack radar system re-engining 

The conference report accompanying the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136) included 

a requirement for the Secretary of Defense to submit a report to 

the congressional defense committees by February 13, 2004, that 

provides an economic analysis of options for maintaining engines 

for the E–8C joint surveillance and target attack radar system 

(JSTARS) aircraft. In the Senate report accompanying S. 2400 (S. 

Rept. 108–260), the committee noted that although the required report had not yet been received from the Department of Defense, the 

committee encouraged the Air Force to take into account the recommendations of the report when deciding what to do with the 

JSTARS fleet. 

The congressional defense committees received the required report on July 8, 2004. The report states that there are both economic and operational advantages to acquiring new engines for the 

JSTARS aircraft, but the letter accompanying the report states 

that the Department’s preferred solution is to maintain the current 

engines while carefully considering the need for JSTARS reengining in the fiscal year 2006 budget request. Since the current 

engines have significant operational shortfalls and since maintaining the current engines would be more costly in terms of total life 

cycle costs than any option that would acquire new engines, the 

conferees encourage the Secretary to reevaluate the decision to 

maintain the current engines in the JSTARS fleet of aircraft. 

Halvorsen loaders 

The conferees are aware that as a result of the global war on 

terrorism, the Air Force has been required to significantly expand 

its expeditionary logistics capability. The conferees note Halvorsen 

25K loaders play a significant role in material handling and are 

currently in use around the world, including Iraq and Afghanistan. 

The Commander, U.S. Transportation Command 

(USTRANSCOM) has a stated mobility requirement for 618 

Halvorsen 25K loaders, of which 316 have been acquired between 

the fiscal years 2000–2004. Given the high operational tempo in air 

mobility missions and heavy use of the Air Force’s mobility and 

material handling equipment (MHE) fleet, the Congress increased 

funding for this program in fiscal year 2004 and fiscal year 2005 

to help meet the requirements for USTRANSCOM. 

The conferees encourage the Air Force to continue its effort to 

modernize its MHE to include planning and funding for the 

Halvorsen 25K loader program. 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (sec. 101–104) 

The House bill contained provisions (sec. 101–104) that would 

authorize the recommended fiscal year 2005 funding levels for proVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00519 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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curement, Army, Navy, Marine Corps, Air Force, and Defense-wide 

activities. 

The Senate amendment contained similar provisions (secs. 

101–104). 

The conference agreement includes these provisions. 

Subtitle B—Army Programs 

Multiyear procurement authority for the lightweight 155-millimeter 

howitzer program (sec. 111) 

The House bill contained a provision (sec. 111) that would permit the Secretary of the Army and the Secretary of the Navy to 

enter into a joint service, multiyear contract for procurement of the 

lightweight 155 millimeter howitzer. 

The Senate amendment contained a provision (sec. 122) that 

would authorize the Secretary of the Navy to enter into a multiyear 

contract for procurement of the lightweight 155 millimeter howitzer. 

The Senate recedes. 

Light utility helicopter program (sec. 112) 

The Senate amendment contained a provision (sec. 111) that 

would preclude authorization of appropriations for the procurement 

of light utility helicopters until the Secretary of the Army provides 

a report to the congressional defense committees. The report will 

include: (1) The Secretary’s certification that all required documentation for the acquisition of light utility helicopters has been 

completed and approved; (2) an updated Army Aviation modernization plan that contains detailed justification and information which 

affected the decision to terminate the Comanche helicopter program; and (3) a summary and copy of the results of the analysis 

of alternatives that the Secretary considered in the determination 

to procure light utility helicopters, including the analysis of alternatives of using light armed reconnaissance helicopters and UH–

60 Black Hawk helicopters instead of light utility helicopters. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Subtitle C—Navy Programs 

DDG–51 modernization program (sec. 121) 

The House bill contained a provision (sec. 112) that would require the Secretary of the Navy to accelerate the modernization 

program for the DDG–51 Arleigh Burke-class of destroyers. The 

provision would also require the Secretary to place emphasis in 

this program on determining a means by which the crew size on 

this class of ships could be reduced from approximately 300 to 

about 200. The provision would also require the Secretary to submit a report to the congressional defense committees by March 31, 

2005, on the steps taken in this program. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would modify the 

reporting requirement so that the report would include the elements of the modernization program, and specify those elements of 

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the program that are expected to contribute to the goal of reducing 

the crew size on this class of ships by one-third and explain the 

basis for those expectations. 

Repeal of authority for pilot program for flexible funding of cruiser 

conversions and overhauls (sec. 122) 

The House bill contained a provision (sec. 113) that would repeal section 126 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136, 117 Stat. 1410, U.S.C. 7291 

note). 

The Senate amendment contained no similar provision. 

The Senate recedes. 

LHA(R) amphibious assault ship program (sec. 123) 

The Senate amendment contained a provision (sec. 121) that 

would authorize the Secretary of the Navy to procure the first amphibious ship of the LHA(R) class. It would also authorize $150.0 

million of shipbuilding and conversion funds, and authorize the 

Secretary of the Navy to enter into a contract or contracts for the 

advance procurement and advance construction of components for 

this ship with these funds. 

The House bill contained no similar provision. 

The House recedes. 

Subtitle D—Air Force Programs 

Prohibition of retirement of KC–135E aircraft (sec. 131)

The Senate amendment contained a provision (sec. 131) that 

would prohibit the Secretary of the Air Force from retiring any 

KC–135E aerial refueling aircraft in fiscal year 2005. 

The House bill contained no similar provision. 

The House recedes. 

Prohibition of retirement of F–117 aircraft (sec. 132) 

The Senate amendment contained a provision (sec. 132) that 

would prohibit any F–117 aircraft in use by the Air Force in fiscal 

year 2004 from being retired in fiscal year 2005. 

The House bill contained no similar provision. 

The House recedes. 

Aerial refueling aircraft acquisition program (sec. 133) 

The House bill contained a provision (sec. 116) that would authorize the Secretary of the Air Force to enter into a multiyear procurement contract for 80 tanker aerial refueling aircraft beginning 

in fiscal year 2005, for a period of up to eight years. The provision 

would also repeal section subsection (b) of 135 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136). 

The provision would prohibit this multiyear procurement from 

being executed under the authority of either section 135 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 

108–36) or section 8159 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117). 

The Senate amendment contained no similar provision. 

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The Senate recedes with an amendment that would amend section 135 of the National Defense Authorization Act for Fiscal Year 

2004 (Public Law 108–136) to: (1) provide that no tanker aircraft 

can be leased under the multiyear aircraft lease pilot program previously established under section 8159 of the Department of Defense Appropriations Act for Fiscal Year 2002; (2) authorize a 

multiyear procurement of up to 100 aerial refueling aircraft, for a 

period not to exceed ten program years; (3) prohibit the use of incremental funding for the multiyear contract; and (4) remove reference to leasing of aircraft throughout the provision. 

Subtitle E—Other Matters 

Development of deployable systems to include consideration of force 

protection in asymmetric threat environment (sec. 141) 

The House Bill contained a provision (sec. 114) that would require that all manned ground systems, warfighter survivability systems, and certain manned airborne systems be assessed annually 

for adequacy in survivability and suitability against asymmetrical 

threats. The provision also requires the secretary of each military 

department to implement force protection and survivability enhancements for all assessed systems. Finally, the provision requires that the Secretary of Defense ensure that developmental 

military system designs account for survivability and suitability 

against asymmetrical threats. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of Defense to revise defense regulations, directives, and 

guidance to account for survivability and suitability against asymmetric threats in developing any manned system and any equipment intended to enhance personnel survivability. 

Allocation of equipment authorized by this title to units deployed, 

or to be deployed to Operation Iraqi Freedom or Operation Enduring Freedom (sec. 142) 

The House bill contained a provision (sec. 115) that would require the Secretary of Defense to give priority to those operational 

units that are deployed to, or preparing to deploy to, Operation 

Iraqi Freedom or Operation Enduring Freedom, regardless of the 

status of those units as Active, Guard, or Reserve component units, 

when allocating equipment acquired using funds authorized to be 

appropriated by the National Defense Authorization Act for Fiscal 

Year 2005. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary to ensure that the allocation of equipment acquired using 

funds authorized to be appropriated by this title to operational 

units deployed, or scheduled to be deployed, to Operation Iraqi 

Freedom or Operation Enduring Freedom is made without regard 

to the status of the units as Active, Guard, or Reserve component. 

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Report on options for acquisition of precision-guided munitions (sec. 

143) 

The Senate amendment contained a provision (sec. 141) that 

would require the Secretary of Defense to provide a report on options for the acquisition of precision-guided weapons at various production rates, to include the cost for these options. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that would require the report to identify the required costs for each precisionguided munition at the various production rates for each year in 

the future-years defense program. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Up-armored high mobility multi-purpose wheeled vehicles or 

wheeled vehicle ballistic add-on armor protection 

The Senate amendment contained a provision (sec. 112) that would authorize an increase of $610.0 million in Other Procurement, Army (OPA), for the procurement of additional up-armored 

high mobility multi-purpose wheeled vehicles at a rate up to 450 

per month or wheeled vehicle ballistic add-on armor protection, the 

amount of which to be determined and reported by the Secretary 

of the Army. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees agree to authorize an increase of $572.0 million 

in OPA for the procurement of additional up-armored high mobility 

multi-purpose wheeled vehicles at a rate up to 450 per month, and 

an increase of $100.0 million for wheeled vehicle ballistic add-on 

armor protection. 

Command and control vehicles or field artillery ammunition support vehicles 

The Senate amendment contained a provision (sec. 113) that 

would authorize an increase of $5.0 million in Weapons and 

Tracked Combat Vehicles, Army, for the procurement of new production command and control vehicles or field artillery ammunition 

support vehicles. 

The House bill contained no similar provision. 

The Senate recedes. 

Other matters relating to KC–767 tanker aircraft acquisition program 

The House bill contained a provision (sec. 117) that would express a Sense of Congress about the criticality of the aerial refueling mission, the need to proceed with a program to replace the current fleet of aerial refueling aircraft, taking advantage of the U.S. 

commercial aircraft production base, and encouraging the investigation and prosecution of anyone suspected of improper or illegal 

activities. The provision would also require the Secretary of the Air 

Force to enter into one or more contracts for the multi-year tanker 

program no later than March 1, 2005. The provision would also require a review by an outside panel of any proposed contract for the 

multi-year tanker program, and required a report of this review be 

498

provided to the Secretary of the Air Force and the congressional defense committees. 

The Senate amendment contained no similar provision. 

The House recedes. 

Additional amount for Patriot missile procurement

The House bill contained a provision (sec. 118) that would in- crease funds available for procurement of Patriot missiles by $90.0 

million and offset the increase with reductions to several other accounts. 

The Senate amendment contained no similar provision. 

The House recedes. 

Transfer of certain Army procurement funds 

The House bill contained a provision (sec. 119) that would au- thorize an increase of $2.0 million for the Aircraft Wireless Intercom System and $2.0 million for bladefold kits for Apache helicopters, in Aircraft Procurement, Army, offset by a commensurate 

amount from funds for information systems in Other Procurement, 

Army. 

The Senate amendment contained no similar provision. 

The House recedes. 

Pilot program for flexible funding of submarine engineered refueling 

overhaul and conversion 

The Senate amendment contained a provision (sec. 123) that 

would authorize the Secretary of the Navy to carry out a pilot program of flexible funding of engineered refueling overhauls (EROs) 

and conversions of submarines. The provision would allow the 

transfer of authorization of appropriations to provide flexibility in 

the accomplishment of these EROs, and set certain limitations on 

these transfers. 

The House bill contained no similar provision. 

The Senate recedes. 

Senior Scout mission bed-down initiative 

The Senate amendment contained a provision (sec. 133) that 

would authorize an increase of $2.0 million in Aircraft Procurement, Air Force 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. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees agree to authorize an increase of $1.4 million in 

Aircraft Procurement, Air Force for the bed-down initiative. 

(499)

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Research, Development, Test and Evaluation Overview 

The budget request for fiscal year 2005 included an authorization of $67,772.3 million in Research and Development for the Department of Defense. 

The House bill would authorize $68,090.4 million. 

The Senate amendment would authorize $68,608.7 million. 

The conferees recommend an authorization of $66,497.8 million. Unless noted explicitly in the statement of managers, all 

changes are made without prejudice.

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ARMY

Research, Development, Test and Evaluation, Army Overview 

The budget request for fiscal year 2005 included an authoriza- tion of $9,266.3 million in Research, Development, Test and Evaluation, Army for the Department of Defense. The House bill would authorize $9,478.2 million. 

The Senate amendment would authorize $9,690.5 million. 

The conferees recommend an authorization of $9,307.2 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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Advanced battery technology initiative 

The budget request included $41.2 million in PE 62705A for 

applied research in electronics and electronic devices. The House bill would authorize an increase of $20.0 million in 

PE 62705A for an advanced battery technology initiative. 

The Senate amendment contained no similar authorization. 

The conferees agree to authorize an increase of $15.6 million 

in PE 62705A for an advanced battery technology initiative, which 

would fund programs selected on the basis of technical merit, cost 

effectiveness, and potential to meet service requirements, including 

the following areas: alkaline cylindrical cells; cylindrical zinc air 

batteries; high capacity nickel/zinc rechargeable cells; lithium battery technologies; lithium carbon monoflouride cells; and proton exchange membrane fuel cells. 

The conferees note that in a recent study, ‘‘Meeting the Energy 

Needs of Future Warriors,’’ the National Research Council highlighted the importance of Army research on soldier power technologies, and indicated that ‘‘energy to power soldier systems, . . . 

must now be viewed on par with the other critical logistics commodities—ammunition, fuel, food, and water.’’ 

Medical technology applied research initiative 

The budget request included $60.9 million in PE 62787A for 

medical technology. The House bill would authorize an increase of $25.0 million in 

PE 62787A for a medical technology applied research initiative. 

The Senate amendment contained no similar authorization. 

The conferees agree to authorize an increase of $7.05 million 

for an applied initiative in medical technologies of specific military 

application and value, including: dermal phase meter; gene delivery 

technology; fibrin bandages from non-mammalian sources; nanofabricated bioartificial kidney; and rapid bio-pathogen detection 

technology. Projects are to be selected on the basis of technical 

merit, cost effectiveness, and potential to meet service requirements. 

Lightweight Structures Initiative 

The budget request included $203.1 million in PE 63005A for 

combat vehicle and automotive technology. The House bill would authorize an increase of $9.0 million in 

PE 63005A for the Lightweight Structures Initiative. The Senate amendment would authorize an increase of $7.5 

million for components of the Lightweight Structures Initiative including: $3.0 million for advanced titanium armor systems; $1.5 

million for Future Combat System common chassis design; and 

$3.0 million for non-line of sight cannon structure design. The conferees agree to authorize an increase of $7.9 million in 

PE 63005A for the Lightweight Structures Initiative. 

Mobile tactical high energy laser 

The budget request included $53.5 million in PE 63305A for 

Army missile defense systems integration, of which $39.0 million 

was for the mobile tactical high energy laser (MTHEL). 

The House bill would authorize the budget request. 

520

The Senate amendment would authorize an increase of $15.0 

million for MTHEL. 

The conferees agree to authorize an increase of $8.0 million in 

PE 63305A for MTHEL. 

The conferees are aware of successful tests of the Army’s heat 

capacity solid state laser and believe that laser weapons could play 

an important role in future missile, air, and counter-mortar defenses. The conferees direct that the increase be used to accelerate 

development of a 100 kilowatt solid state laser and to initiate a 

system demonstration using a solid state laser. 

The conferees note that the Joint Technology Office (JTO) 

plays a key role in maturing a range of laser technologies. The JTO 

was established pursuant to subtitle E, title II, of the National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398) 

with the intent of establishing an office that would accelerate 

progress in high energy laser technology and provide incentives to 

services to invest in such technologies. The conferees are concerned 

that the JTO may not be effective in accomplishing the goals defined in subtitle E or transitioning laser technology to the services. 

The conferees direct the Secretary of Defense to provide a report 

to the congressional defense committees by January 15, 2005 on 

the effectiveness of the JTO in achieving the objectives of subtitle 

E, the impact of shifting funding responsibility for JTO efforts to 

the Air Force, and the effectiveness of the JTO structure in 

transitioning laser technologies to the warfighter. The conferees 

further direct the Comptroller General to review this assessment 

and to report the results of this review to congressional defense 

committees no later March 15, 2005. 

NAVY

Research, Development, Test and Evaluation, Navy Overview 

The budget request for fiscal year 2005 included an authorization of $16,346.4 million in Research, Development, Test and Evaluation, Navy for the Department of Defense. 

The House bill would authorize $16,052.8 million. 

The Senate amendment would authorize $16,690.4 million. 

The conferees recommend an authorization of $16,200.6 million. Unless noted explicitly in the statement of managers, all 

changes are made without prejudice.

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Littoral Combat Ship 

The budget request included $352.1 million in PE 63581N for 

the Littoral Combat Ship (LCS), including $244.4 million for LCS 

development and $107.7 million for construction. 

The House bill would authorize $244.4 million in PE 63581N 

for LCS development, a decrease of $107.7 million, delaying construction of the first LCS until fiscal year 2006. 

The Senate amendment would authorize the budget request. 

The conferees agree to authorize $350.1 million, a decrease of 

$2.0 million for phase one design of the Flight One LCS design. 

The conferees note the concerns expressed in the House report 

accompanying H.R. 4200 (H. Rept. 108–491) regarding whether the 

LCS program schedule provides sufficient time and opportunities 

for experimentation and evaluation of the operational concepts for 

LCS in Flight Zero before committing to major serial production of 

the ship with Flight One. The program plan provided with the fiscal year 2005 budget request had construction starting on Flight 

One ships before delivery and evaluation of Flight Zero ships. This 

concurrency could require expensive retrofit to Flight One ships 

after lessons have been learned from operating Flight Zero ships. 

The conferees are concerned with a potential industrial impact 

induced by making fiscal year 2006 a gap year in LCS production, 

which could lead to increased ship costs or technology insertion 

challenges. However, the conferees agree with the rationale of section 8092 of the Department of Defense Appropriations Act for Fiscal Year 2005 (section A of Public Law 108–287), which directs that 

no funds be obligated for construction of a third vessel in the fiscal 

year 2006 budget request. The conferees expect that the Navy will 

include a plan that reduces the risk of concurrency in the LCS justification submitted as part of the fiscal year 2006 budget request. 

Land attack technology 

The budget request included $82.0 million in PE 63795N for 

land attack technology. This included $28.9 million for the affordable weapons system (AWS) and $11.3 million for the continued development of the extended range guided munition (ERGM). 

The House bill would authorize $105.0 million in PE 63795N 

for land attack technology. This included $51.9 million for AWS, an 

increase of $23.0 million, and would authorize the budget request 

for ERGM. 

The Senate amendment would authorize $53.1 million in PE 

63795N for land attack technology. This would authorize no funding for AWS, and would authorize the budget request for ERGM. 

The conferees agree to authorize $95.2 million in PE 63795N 

for land attack technology. This includes an authorization of $48.9 

million for AWS, an increase of $20.0 million. This also includes an 

authorization of $4.5 million for ERGM, a decrease of $6.8 million. 

The conferees are aware of past testing problems in the ERGM 

program, but have supported fielding of ERGM capability as soon 

as possible. The conferees are also aware that the Navy has issued 

a notice to industry stating that it will issue a solicitation for a capability to mirror that of ERGM. While supportive of this risk-reduction strategy, the conferees also expect that funds appropriated 

541

for the ERGM program be applied to continued developmental testing of ERGM. 

Open architecture 

The budget request included $146.5 million in PE 64307N for 

surface combatant combat system engineering and $48.2 million in 

PE 64755N for ship self-defense (detect and control). 

The House bill would authorize an increase of $21.8 million in 

PE 64307N for open architecture systems and would also authorize 

an increase of $21.8 million in PE 64755N for open architecture 

warfare systems. 

The Senate amendment would authorize the budget request. 

The conferees agree to authorize an increase of $4.3 million in 

PE 64307N and an increase of $3.4 million in PE 64755N for open 

architecture warfare systems. 

The conferees concur with the Navy’s decision to move to open 

architecture (OA)-based warfare systems, and recognize OA as an 

enabling step to modernizing warfighting capabilities at an affordable cost. Similarly, given the rapid rate that commercial, off-theshelf computing equipment and software is becoming obsolescent, 

delaying the implementation of OA will result in military systems 

falling further and further behind the commercial sector’s capability. While an OA approach to development and fielding requires 

increased cooperation at all levels, it also creates interdependencies 

among programs as a result of design and development components 

that will be used in multiple systems. With this approach, the impact of a delay or funding cut in a program implementing OA could 

have impact on other programs. 

The Navy identified the implementation of OA into Navy surface forces as its highest unfunded priority in fiscal year 2005. 

Under the Navy’s plan, modernization of existing forces (cruiser 

modernization and DDG modernization) and recapitalization of the 

surface fleet (DD(X), CVN–21, and the Littoral Combat Ship) are 

all inextricably linked to the overall execution of the OA initiative. 

The conferees believe that there could be serious, cascading effects 

on these programs unless the Navy ensures that the OA initiative 

is fully funded, and urge the Navy to pursue any shortfalls through 

supplemental submissions for fiscal year 2005. The conferees also 

believe the Navy should consider grouping various OA efforts in a 

separate program element, so that: (1) the Navy can coordinate its 

efforts more efficiently; and (2) difficulties with individual platform 

programs do not jeopardize the entire effort. 

AIR FORCE

Research, Development, Test and Evaluation, Air Force Overview 

The budget request for fiscal year 2005 included an authorization of $21,114.7 million in Research Development, Test and Evaluation, Air Force for the Department of Defense. 

The House bill would authorize $21,533.0 million. 

The Senate amendment would authorize $21,264.3 million. 

The conferees recommend an authorization of $20,432.9 million. Unless noted explicitly in the statement of managers, all 

changes are made without prejudice.

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Transformational satellite communications 

The budget request included $674.8 million in PE 63845F for 

transformational military satellite communications (TSAT). The House bill would authorize a decrease of $100.0 million in 

PE 63845F. 

The Senate amendment would authorize a decrease of $100.0 

million in PE 63845F. 

The conferees agree to authorize $374.8 million in PE 63845F, a decrease of $300.0 million. 

The conferees strongly support the objectives of the TSAT program, including much higher communications capacity, assured 

connectivity for a much larger number of mobile and fixed forces, 

and the ability to protect these capabilities against emerging 

threats. The conferees, however, have had continuing concerns related to the risk of the current acquisition approach and potential 

program delays, which the conferees believe could elevate operational risks resulting from gaps in the military satellite communications (MILSATCOM) architecture. 

The conferees are aware of program options that could leverage 

both current MILSATCOM program investments and TSAT development efforts. The conferees believe that such an approach could 

accelerate the deployment of advanced communications capabilities, provide the opportunity to incrementally demonstrate advanced satellite communications technology, and provide a lower 

risk path to meeting TSAT requirements. The conferees believe 

that such an approach is potentially more consistent with spiral development and capabilities-based acquisition. 

The conferees direct the Secretary of Defense to evaluate modified TSAT acquisition strategies that streamline the program structure and leverage current MILSATCOM investment, and to provide 

a report to the congressional defense committees on that evaluation 

by March 1, 2005. 

Space based radar 

The budget request included $327.7 million in PE 63858F for 

space based radar (SBR). 

The House bill would authorize the budget request. 

The Senate amendment would authorize the budget request. 

The conferees agree to authorize $75.0 million in PE 63858F for SBR, a decrease of $252.7 million. 

The conferees believe that the United States must continue to 

improve its space-based and airborne intelligence, reconnaissance, 

and surveillance (ISR) systems; and believe that persistent surveillance will be critical to future U.S. military and intelligence capabilities. The conferees note that space based radar can make a significant contribution to persistent surveillance and that radars provide the only all weather, day/night ISR capabilities. 

While strongly supportive of radar satellites, the conferees are 

concerned that the Air Force cost estimates for the notional SBR 

architecture that served as the basis for the fiscal year 2005 budget 

request were very high. If accurate, these estimates could render 

the system unaffordable. 

The conferees believe that affordability will be critically dependent on the development and deployment of a single radar satVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00584 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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ellite system to meet both military and intelligence community 

needs and the thorough integration of space based radar ISR capabilities into a system of systems architecture that includes air assets, other national technical means, responsive space assets, and 

possibly near-space assets. Such an integration will have direct and 

significant implications for the capabilities needed in any one element of a system of systems. The conferees believe that an integrated architecture, that leverages and evolves existing architectures as well as innovative technologies, will provide greater capabilities earlier and at a more affordable cost. 

Consequently, the conferees believe that the number of satellites and technical capabilities needed in an SBR system, and 

how an SBR system might evolve over time, is critically dependent 

on a more complete understanding of an integrated ISR system. 

The conferees direct that the SBR effort be restructured to focus 

on continued technology maturation (including satellite integration), architectural analysis, and system evolution. The conferees 

further direct the Secretary of Defense to submit a report to the 

congressional defense committees no later than March 1, 2005, outlining the key features and programmatic implications of an ISR 

system of systems architecture that includes national technical 

means and other space, air, responsive space, near-space and terrestrial systems. 

Space based infrared system 

The budget request included $508.4 million in PE 64441F for 

the space based infrared system (SBIRS). 

The House bill would authorize the budget request. 

The Senate amendment would authorize the budget request. 

The conferees agree to authorize an increase of $35.0 million 

in PEG 4441F. 

The conferees remain concerned with continued SBIRS cost increases, schedule delays, and technical problems. The conferees 

note that the initial 1996 cost estimate for SBIRS was $3.6 billion; 

that estimate has increased by nearly $4 billion in the last three 

years and is now $10.0 billion. While strongly supportive of the development of next generation early warning capabilities, the conferees do not believe that continuation of this program can be justified if such increases continue in the future. The conferees direct 

the Secretary of Defense to provide a report in classified and unclassified form to the congressional defense committees no later 

than February 1, 2005 on the cause of the most recent SBIRS cost 

increases, schedule delays, and technical problems; the most recent 

Defense Support Program gap analysis and any effect that further 

delays will have on U.S. early warning, technical intelligence, and 

missile defense capabilities; steps taken to address the most recent 

SBIRS technical difficulties; any adjustments in management and 

contract arrangements with the contractor to reflect the most recent program challenges; remaining risk areas; and an assessment 

of the confidence level in the SBIRS schedule and cost estimates 

current as of October 1, 2004. 

560

DEFENSE–WIDE

Research, Development, Test and Evaluation, Defense-wide Overview 

The budget request for fiscal year 2005 included an authoriza- tion of $20,739.8 million in Research, Development, Test and Evaluation, Defense-wide for the Department of Defense. The House bill would authorize $20,721.3 million. 

The Senate amendment would authorize $20,654.4 million. 

The conferees recommend an authorization of $20,252.9 million. Unless noted explicitly in the statement of managers, all 

changes are made without prejudice.

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Chemical and biological defense basic research program 

The budget request included $36.8 million in PE 61384BP for 

chemical and biological defense program basic research. 

The House bill would authorize an increase of $15.0 million in 

PE 61384BP for a chemical and biological defense basic research 

initiative. 

The Senate amendment would authorize the budget request. 

The conferees agree to authorize an increase of $11.0 million 

in PE 61384BP for a chemical and biological defense basic research 

initiative. The conferees note that projects and technologies to be 

considered for funding under the chemical and biological defense 

basic research initiative should be selected on the basis of technical 

merit and potential operational utility. The conferees recommend 

that the projects and technologies to be considered for funding 

under the chemical and biological defense basic research initiative 

should include, but not be limited to, the following: engineered 

pathogen identification and countermeasures, multipurpose biodefense immunoarrays and fluorescence activated sensing technologies. 

Chemical and biological defense applied research program 

The budget request included $104.4 million in PE 62384BP for 

chemical and biological defense program applied research. 

The House bill would authorize an increase of $25.0 million in 

PE 62384BP for a chemical and biological defense applied research 

initiative. 

The Senate amendment would authorize an increase of $8.9 

million in PE 62384BP, including $3.0 million for mustard gas 

antidotes; $2.0 million for bioinformatics; $2.0 million for 

neurotoxin mitigation research; and $2.9 million for chemical agent 

persistence models. 

The conferees agree to authorize an increase of $33.4 million 

in PE 62384BP for chemical and biological defense program applied 

research, including $3.0 million for mustard gas antidote; $2.0 million for bioinformatics; $1.0 million for neurotoxin mitigation research; $2.9 million chemical agent persistence models; and $24.5 

million for a chemical and biological applied research initiative. 

The conferees note that projects and technologies to be considered for funding under the chemical and biological defense program 

applied research initiative should be selected on the basis of technical merit and potential operational utility. The conferees recommend that the projects and technologies to be considered for 

funding under the chemical and biological defense applied research 

initiative should include, but not be limited to, the following: air 

contamination monitoring systems; hand-held detectors; heat shock 

protein vaccine creation processes; low-cost chemical-biological protective shelters; membrane research for next generation chemicalbiological protective suits; rapid anti-body based biological countermeasures; and rapid decontamination systems for nerve agents. 

Stimulated isomer energy release 

The budget request included $339.2 million in PE 62702E for 

tactical technology applied research, including $4.0 million for the 

578

Defense Advanced Research Project Agency’s (DARPA) stimulated 

isomer energy release (SIER) project. 

The House bill and the Senate amendment would reduce the 

budget request for the SIER project by $4.0 million. The House bill 

also directed the Secretary of Defense to terminate the project. 

The conferees agree to authorize no funds for continuation of 

the DARPA SIER project and direct that the DARPA project be terminated. 

Combating terrorism technology support 

The budget request included $46.7 million in PE 63122D8Z for 

combating terrorism technology support programs. 

The House bill would authorize an increase of $27.5 million in 

PE 63122D8Z for combating terrorism technology support programs, including $25.0 million for advanced combating terrorism 

technology support. 

The Senate amendment would authorize an increase of $10.0 

million in PE 63122D8Z for blast mitigation research. The conferees agree to authorize an increase of $13.5 million in PE 

63122D8Z for combating terrorism technology support, including 

$7.0 million for blast mitigation; $5.0 million for advanced combating terrorism technology support; and $1.5 million for combating 

terrorism intelligence, surveillance, and reconnaissance research. 

Chemical and biological defense program advanced technology development 

The budget request included $117.3 million in PE 63384BP for 

the chemical and biological defense program for advanced technology development. 

The House bill would authorize an increase of $35.0 million in 

PE 63384BP for a chemical and biological defense program advanced technology initiative. 

The Senate amendment would authorize an increase of $9.5 

million for chemical and biological defense program advanced technology development, including $6.0 million for anthrax and plague 

oral vaccine development; and $3.5 million for water quality sensors. 

The conferees agree to authorize an increase of $38.3 million 

for chemical and biological defense program for advanced technology development, including $32.9 million for an advanced technology development initiative; $2.8 million for anthrax and plague 

oral vaccine development; and $2.6 million for water quality sensors. 

The conferees note that projects and technologies to be considered for funding under the chemical and biological defense advanced technology development initiative should be selected on the 

basis of technical merit and potential operational utility. The conferees recommend that the projects and technologies to be considered for funding under the chemical and biological defense basic research initiative should include, but not be limited to, the following: hand-held biological detection systems; immuno biological/

chemical threat agent detectors; non-invasive vectored vaccine development; and recombinant protein vaccines. 

579

Airborne laser 

The budget request included $474.3 million in PE 63883C for 

the airborne laser (ABL). 

The House bill would authorize the budget request. 

The Senate amendment would authorize the budget request. 

The conferees agree to authorize the budget request. 

The conferees remain convinced of the importance of boost 

phase intercept in the ballistic missile defense architecture, and 

note that ABL has potentially revolutionary capabilities. The conferees also note that, in response to consistent cost overruns and 

schedule delays, the program has been restructured to reflect these 

difficulties and its developmental nature. The conferees applaud 

this restructuring and are aware of progress in recent months toward achieving key milestones in the ABL program, particularly 

first light from conjoined laser modules. The conferees note that 

demonstrated progress in these areas will be critical to the continuation of the ABL effort. 

The conferees direct the Secretary of Defense to provide a report to the congressional defense committees by February 15, 2005 

that provides the status of ABL laser tests and the beam control/

fire control system and recommendations on the future of the ABL 

program. 

Kinetic energy interceptor 

The budget request included $511.3 million in PE 63886C for 

the kinetic energy interceptor (KEI) and associated boost phase 

intercept efforts. The House bill authorized a decrease of $75.0 million in PE 

63886C. 

The Senate amendment authorized a decrease of $200.0 million 

in PE 63886C. 

The conferees agree to authorize $348.3 million in PE 63886C, a decrease of $163.0 million. 

The conferees remain convinced that the KEI could be an important aspect of the overall ballistic missile defense architecture, 

potentially contributing intercept capabilities in boost, midcourse, 

and terminal phases of the threat missile flight. The conferees are 

concerned, however, with the lack of progress in defining basing 

modes. The conferees note that: 

(1) Recent justifications for the KEI ground-based variant 

suggest that it might serve as the basis for midcourse intercept 

capability in Europe. At the same time, however, the budget 

request included $35.0 million for additional ground-based 

interceptors (GBI) for the ground-based midcourse defense element that could be deployed in Europe; and 

(2) Consideration of sea-based concepts of operations and 

platforms do not appear to be progressing. 

The conferees direct the Director of the Missile Defense Agency 

to provide a report to the congressional defense committees by February 1, 2005 that includes planned ground- and sea-basing modes 

for KEI (including specific sea-based platforms) and the concept of 

operations for each basing mode; how KEI will enhance ballistic 

missile defense system capabilities; the role KEI may play in European missile defense and how that role relates to the fielding of adVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00605 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
580

ditional GBIs; and a comparison of anticipated sea-based KEI capabilities with other sea-based missile defense options. 

Operationally responsive space 

The budget request included $19.6 million in PE 65799D8Z for 

the force transformation directorate, but no funds for operationally 

responsive satellite payloads and busses. The House bill would authorize an increase of $25.0 million in 

PE 65799D8Z for operationally responsive satellite payloads. The Senate amendment would authorize $25.0 million in a new 

program element for operationally responsive satellite payloads. 

The conferees believe that smaller, less expensive satellites 

may provide a means of achieving more rapid and effective deployment of space-based military capabilities than is now possible. The 

conferees are encouraged by Air Force efforts to develop small, lowcost space launch vehicles as an essential step for enabling the 

launch of such satellites, but are concerned that the effort to develop viable payloads for these rockets is not adequately funded. 

The conferees note that the Office of Transformation is working 

with the Air Force Research Laboratory to develop lightweight, experimental tactical satellites (TACSATs), but that this effort lacks 

dedicated funding. The conferees also believe that the development 

of standards, protocols, and interfaces for common satellite bus 

components will be key to producing affordable small satellites. 

The conferees agree to authorize $39.6 million in PE 65799D8Z, an 

increase of $20.0 million, for further development of TACSATs and 

common small satellite bus components. The conferees expect, consistent with section 913 of this Act, that future funding requests 

for operationally responsive payloads will be forwarded in a separate and dedicated program element. 

TEST AND EVALUATION

Operational Test and Evaluation, Defense Overview 

The budget request for fiscal year 2005 included an authorization of $305.1 million in Operational Test and Evaluation, Defense 

for the Department of Defense. 

The House bill would authorize $305.1 million. 

The Senate amendment would authorize $309.1 million. 

The conferees recommend an authorization of $304.1 million. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

581


Insert graphic folio 1167 HR767.152
582

ITEMS OF SPECIAL INTEREST

Department of Defense—National Aeronautics and Space Administration coordination 

The conferees note that in the areas of aeronautics and space 

research technology development, the Department of Defense and 

the National Aeronautics and Space Administration (NASA) must 

coordinate closely in order to ensure that the nation continues its 

global leadership in these technologies. 

The conferees believe that as NASA evaluates its future plans 

for aeronautics, it is essential that the Department and NASA provide for the continued availability of unique wind tunnels and 

other research, test, and evaluation facilities and services critical 

to the development of military systems. The conferees direct the 

Under Secretary of Defense for Acquisition, Technology and Logistics to identify and analyze aeronautics facilities currently managed by NASA that are considered by the Department to be critical 

to the accomplishment of defense missions and to the maintenance 

of U.S. leadership in aeronautics. 

The conferees also endorse the Secretary of Defense’s emphasis 

on transformational technologies. One of the more promising technologies under development is hypersonic propulsion, which when 

further developed will provide significantly improved operational 

capabilities for both manned and unmanned flight, missile defense 

and a single-stage-to-flight capability that could provide rapid access to space. Unfortunately, due to changing priorities within both 

the Air Force and NASA, funding for such efforts has been reduced 

to insignificant levels. 

The conferees direct the Secretary of Defense to submit a report to the congressional defense committees by March 15, 2005, 

which details the Department’s plans to provide the required funding to pursue a development program for transition of hypersonic 

technologies to an integrated demonstration system that validates 

their affordability and effectiveness to support prompt global strike 

and assured space access missions. The report should analyze the 

results and technological advances enabled by the X–43 series of 

programs and other efforts to develop a detailed technology roadmap and investment strategy consistent with meeting future military needs in hypersonics. The conferees believe the capabilities to 

be realized through a successful hypersonic development program 

justify the sustained and full support of the Department and 

NASA. 

Enterprise Resource Planning for Army Combat Logistics 

The Army logistics systems arm, fuel, repair, move, and sustain combat forces. The Army’s goals for modernization of its legacy 

logistics systems include improved sustainment of combat forces 

using fewer soldiers, increased readiness and operational availability, and significantly lowering cost. The Army plans to modernize its logistics systems using enterprise resource planning systems, which will provide essential information for timely decision 

making and accurate performance measurement. They use no custom software code and only commercial, off-the-shelf computer 

technology. They are also web-based with a robust telecommuniVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00608 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
583

cations infrastructure and have been tested at thousands of sites 

outside the Army. 

The conferees encourage the Army to leverage existing Army 

information technology assets and expertise to augment funds 

within the Global Combat Support System account to complete the 

blueprinting and accelerate fielding of the system, wherever feasible, to replace 20–year-old systems which are unable to fully support combat operations. 

Patriot air and missile defense system 

The conferees note that the Patriot air and missile defense system destroyed all nine theater ballistic missiles launched at coalition forces during Operation Iraqi Freedom (OIF) for which intercept was attempted. The conferees also note, however, that the Patriot was also involved in three ‘‘friendly fire’’ incidents during that 

conflict and that electromagnetic interference (EMI) between Patriot and other systems contributed to these incidents. Similar interference problems with the Patriot occurred during the Gulf War 

in 1991. 

The conferees strongly support the Patriot system, note with 

approval that the Army has reprogrammed funding to fix the 

known ‘‘friendly-fire’’ problems associated with the Patriot, and are 

encouraged at the level of attention given to this problem since the 

OIF incidents. The conferees expect, however, that as more radars, 

communications systems, and other emitting systems are added to 

the battlefield in the future, EMI problems will continue to grow 

in complexity. 

The conferees direct the Secretary of Defense to submit a report to the congressional defense committees by March 1, 2005 

summarizing the tests, exercises, and changes to operational procedures and requirements that are planned or being implemented to 

prevent or reduce future EMI problems with the Patriot system. 

The conferees also direct the Director of Operational Test and Evaluation to include an assessment of the Department’s plans to reduce EMI problems with the Patriot system in his Annual Report 

to Congress, required by section 139 of title 10, United States Code. 

Russian-American missile defense cooperation

The conferees understand that the Secretary of Defense desires 

to explore opportunities for missile defense cooperative programs 

with the Russian Federation that build upon the experience gained 

in the Russian-American Observation Satellite (RAMOS) program 

that was terminated earlier this year. The conferees recognize the 

potential importance of such cooperative efforts, both to the technical success of the U.S. missile defense effort and to the establishment of a cooperative strategic relationship with the Russian Federation. 

The conferees urge the Secretary to engage in serious negotiations with the Russian Federation as soon as possible on joint missile defense programs. The conferees believe that previous efforts 

under the RAMOS program, including Russian Presidential and 

Government decrees and the U.S.-Russian Federation technical 

agreement, should be leveraged to help ensure the successful initiation of such efforts. 

584

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (sec. 201) 

The House bill contained a provision (sec. 201) that would authorize the recommended fiscal year 2005 funding levels for the Research, Development, Test and Evaluation accounts for the Army, 

Navy, Marine Corps, Air Force, Defense-wide activities and the Director of Operational Test and Evaluation. 

The Senate amendment contained a similar provision (sec. 

201). 

The conference agreement includes this provision. 

Amount for defense science and technology (sec. 202) 

The budget request included $10,550.3 million for Department 

of Defense science and technology (S&T) programs. 

The House bill would authorize $11,067.7 million for defense 

S&T programs. 

The Senate amendment would authorize $11,012.4 million for 

defense S&T programs. 

The conferees agree to authorize $11,191.6 million for S&T 

programs, an increase of $641.3 million over the request. The increase provided by the conferees brings the Department closer to 

3 percent of total spending, the goal stated by the Department and 

outside experts as the desired investment for these programs. In 

recognition of the key role played by S&T in maintaining the best 

equipped, best protected fighting force in the world, the conferees 

have targeted increases to project areas which improve current capabilities, while focusing on basic research and long-term projects 

that ensure future innovation. 

The conferees note that current operations in Iraq, Afghanistan, and elsewhere continue to demonstrate how technologies 

transitioned from the Department’s S&T programs are enhancing 

the combat effectiveness of warfighters, reducing casualties, and 

improving the efficiency and flexibility of our military forces. The 

conferees commend the Department for mobilizing its technical capabilities in the science and technology community to support these 

current global operations. 

The conferees expect to see an increased commitment by the 

Department to robustly fund S&T in the fiscal year 2006 budget, 

along with an appropriate balance within the accounts that acknowledges the importance of long-term research in an era of immediate and pressing needs. 

Conferees also urge continued attention to a key component of 

ensuring the U.S. military’s technological edge—development, recruitment and retention of skilled scientists and engineers. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Future Combat Systems program strategy (sec. 211) 

The House bill contained a provision (sec. 211) that would direct the Secretary of the Army to establish and implement a program strategy for the Future Combat Systems (FCS) acquisition 

585

program. The provision limits authorization of appropriations for 

FCS in fiscal year 2005 to $2.2 billion until the Secretary of the 

Army certifies that elements of the program strategy includes certain technical and performance criteria before production 

facilitization and long lead items are placed on contract. The provision also requires the Under Secretary of Defense for Acquisition, 

Technology and Logistics (USD(AT&L)) to submit to the Congress: 

(1) an independent program cost estimate; (2) a report, prepared by 

an independent panel, on the maturity levels of critical technologies; (3) a report on the status of the network and command, 

control, communications, computers, intelligence, surveillance, and 

reconnaissance components; and (4) key performance parameters, 

prior to the Milestone B update required by the FCS acquisition decision memorandum. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that limits the authorization of appropriations for FCS in fiscal year 2005 to $2.2 billion 

until the Secretary of the Army certifies that elements of the program strategy includes certain technical and performance criteria 

before production facilitization and long lead items are placed on 

contract. The amendment requires the USD(AT&L) to submit to 

Congress: (1) a program cost estimate; (2) a report, prepared by an 

independent panel, on the maturity levels of critical technologies; 

(3) a report on the status of the network and command, control, 

communications, computers, intelligence, surveillance, and reconnaissance components; and (4) key performance parameters, prior 

to the Milestone B update required by the FCS acquisition decision 

memorandum. The amendment also requires the USD (AT&L) submit to Congress an independent cost estimate of the FCS program 

not later than March 1, 2005. 

The conferees continue to support FCS and believe that the 

Army has made a sound decision to restructure the FCS program. 

With this restructure, the Army will reduce FCS program risk 

while providing increased capabilities for the current force. 

Collaborative program for research and development of vacuum 

electronics technologies (sec. 212) 

The House bill contained a provision (sec. 212) that would require the Secretary of Defense to establish a program for research 

and development in advanced vacuum electronics technology to 

meet Department of Defense requirements. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Director, Defense Research and Engineering to submit a report on 

establishment of a collaborative vacuum electronics research and 

development program that: identifies a department lead to carry 

out the effort; assesses the role of investing in vacuum electronics 

technologies as part of the overall strategy of the Department’s investments to meet electronic technology needs; provides a management plan and schedule for the program; identifies required funding and a list of program capability goals and objectives; outlines 

the role of basic and applied research in support of the program; 

and assesses global capabilities in the technology area. 

586

The conferees note that vacuum electronics are utilized in a variety of the Department’s systems, particularly many legacy systems. While there is a trend toward solid state electronics in most 

defense systems, the Department must ensure that systems which 

depend on the use of vacuum electronics will have access to the 

most advanced technologies available. 

Annual Comptroller General report on Joint Strike Fighter program 

(sec. 213) 

The House bill contained a provision (sec. 213) that would require the Comptroller General to conduct an annual review of the 

Joint Strike Fighter (JSF) aircraft program, and submit a report of 

that review to Congress by March 15 of each year from fiscal year 

2005 through fiscal year 2009. 

Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

annual report to be submitted to the congressional defense committees. 

The conferees are aware of the recently conducted study by a 

senior independent review team on the JSF program, and believe 

that the first report submitted by March 15, 2005 should place emphasis on the degree to which the program office and contractor 

have incorporated the recommendations of that team. 

Amounts for U.S. Joint Forces Command to be derived only from 

Defense-wide accounts (sec. 214) 

The House bill contained a provision (sec. 214) that would 

transfer funding for the joint warfare experimentation programs of 

U.S. Joint Forces Command (JFCOM) from Research, Development, Test and Evaluation (RDT&E), Navy accounts to an RDT&E, 

Defense-wide account. 

The Senate amendment contained a similar provision (sec. 

216). 

The Senate recedes with an amendment that would require, 

beginning in fiscal year 2007, all RDT&E funds for JFCOM be derived from Defense-wide RDT&E funds, and that this be clearly reflected in the budget request. 

The conferees note that this provision does not take effect until 

fiscal year 2007. The conferees direct, however, that the amounts 

requested for JFCOM joint warfare experimentation programs be 

separately identified in the fiscal year 2006 budget request, and 

distinguished within any executive agent account in which they are 

included. The conferees also note that JFCOM is responsible for a 

number of critical efforts directly related to increasing the joint 

warfighting capability of the military services, and that funding 

those efforts through executive agents does not provide Congress 

with clear visibility into the amounts dedicated to those key joint 

initiatives. The practice of requesting funding through executive 

agents also distorts the amount of funding for military service activities that carry funding for joint initiatives. The conferees have 

strong interest not only in joint experimentation, which is addressed by this provision, but in JFCOM joint training initiatives 

as well. Therefore the conferees direct the Department of Defense, 

when submitting its fiscal year 2006 budget request, to clearly 

587

identify funding for joint training activities in Defense-wide and executive agent accounts to enhance congressional visibility into 

funding dedicated to joint training in future budgets. 

The conferees further note the unique, important role that 

JFCOM plays in developing doctrine and capabilities for other combatant commanders, and in developing and monitoring joint training standards for elements of the Armed Forces and coalition partners. The conferees believe that the Department should consider 

the establishment of a major force program or similar consolidation 

of related budget activities for joint experimentation, procurement, 

and training activities. 

Global Positioning System III satellite (sec. 215) 

The Senate amendment contained a provision (sec. 212) that 

would prohibit the obligation or expenditure of any more than 80 

percent of the funds authorized to be appropriated for the Global 

Positioning System III (GPS) until the Secretary of Defense completes an analysis of alternatives and submits a report on that 

analysis to the congressional defense committees. 

The House bill contained no similar provision. 

The House recedes. 

The conferees expect the analysis of alternatives to include an 

assessment of architectures that take advantage of smaller, lighter 

weight, and potentially less expensive GPS satellites. 

Initiation of concept demonstration of Global Hawk high altitude 

endurance unmanned aerial vehicle (sec. 216) 

The Senate amendment contained a provision (sec. 213) that 

would amend section 221(c) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398) 

by changing the date by which the Secretary of Defense is to initiate the demonstration of the Global Hawk high altitude endurance unmanned aerial vehicle from March 1, 2001 to March 1, 

2005. 

The House bill contained no similar provision. 

The House recedes. 

Joint unmanned combat air systems program (sec. 217) 

The Senate amendment contained a provision (sec. 214) that 

would require the Secretary of Defense to establish an executive 

committee, which would 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 (DARPA) for as long as the program is managed by 

DARPA. 

The House bill contained no similar provision. 

The House recedes. 

Subtitle C—Missile Defense Programs 

Fielding of ballistic missile defense capabilities (sec. 231) 

The House bill contained a provision (sec. 221) that would authorize the Department of Defense to use Research, Development, 

Test and Evaluation funds appropriated in fiscal years 2005 and 

588

2006 for the Missile Defense Agency to develop and field ballistic 

missile defense capabilities. 

The Senate amendment contained a similar provision (sec. 231) 

that would authorize the use of Research, Development, Test and 

Evaluation funds appropriated in fiscal year 2005 for the development and fielding of an initial set of missile defense capabilities. 

The Senate recedes. 

Integration of Patriot Advanced Capability-3 and Medium Extended 

Air Defense System into ballistic missile defense system (sec. 

232) 

The Senate amendment contained a provision (sec. 232) that 

would require the Secretary of the Army to obtain approval of the 

Director of the Missile Defense Agency (MDA) prior to making 

changes to system level specifications or establishing new system 

level specifications for the combined Patriot Advanced Capability–

3 (PAC–3) and Medium Extended Air Defense System (MEADS) 

program. It would also require such approval prior to making any 

significant change in procurement quantities or the baseline schedule for the PAC–3/MEADS combined program. 

The House bill contained no similar provision. 

The House recedes with an amendment that would define the 

PAC–3/MEADS air and missile defense program as part of the integrated ballistic missile defense system (BMDS), and require that 

the Director of MDA, in consultation with the Secretary of the 

Army (acting through the Assistant Secretary of the Army for Acquisition, Logistics and Technology), ensure that any configuration 

change to the PAC–3/MEADS program is subject to MDA’s configuration control processes. The amendment would also require that 

the Secretary of the Army (acting through the Assistant Secretary 

of the Army for Acquisition, Logistics and Technology) make significant changes to the baseline technical specifications and schedule for the PAC–3/MEADS program only with the concurrence of 

the Director of the Missile Defense Agency. The amendment would 

further require the Secretary of Defense to establish procedures to 

determine the effect of significant changes proposed by the Secretary of the Army to planned PAC–3/MEADS procurement quantities on BMDS capabilities; to provide for reviews of the proposed 

procurement changes by all relevant Department of Defense commands and agencies; to obtain the concurrence or nonconcurrence 

of those commands and agencies with the proposed procurement 

changes; and to submit a report to the congressional defense committees on the procedures the Secretary of Defense establishes. 

Comptroller General assessments of ballistic missile defense programs (sec. 233) 

The Senate amendment contained a provision (sec. 233) that

would require assessments by the Comptroller General of the extent to which missile defense programs met their cost, schedule, 

test, and performance goals for the years 2004 through 2009. The 

provision also requires the Comptroller General to submit reports 

on those assessments to the congressional defense committees. 

The House bill contained no similar provision. 

589

The House recedes with an amendment that would require assessments by the Comptroller General of the extent to which missile defense programs met their cost, schedule, test, and performance goals for the years 2004 through 2006. 

Baselines and operational test and evaluation for ballistic missile 

defense system (sec. 234) 

The Senate amendment contained a provision (sec. 234) that 

would require: (1) the Secretary of Defense, in consultation with 

the Director of Operational Test and Evaluation (DOT&E), to prepare appropriate criteria for operationally realistic testing of the 

ballistic missile defense system (BMDS); (2) the conduct of a test 

consistent with those criteria not later than October 1, 2005; (3) 

the conduct of tests consistent with those criteria for each block 

configuration of the BMDS; (4) evaluation of those tests by the 

DOT&E; (5) the establishment of baselines for each block configuration of the BMDS; and (6) the Director of the Missile Defense 

Agency to report variances in program performance from those 

baselines to Congress and the reasons for any changes made to the 

baselines. 

The House bill contained no similar provision. 

The House recedes. 

Subtitle D—Other Matters 

Annual report on submarine technology insertion (sec. 241) 

The Senate amendment contained a provision (sec. 241) that 

would require the Secretary of Defense to submit an annual report 

on available or potentially available technologies for insertion into 

submarines for each of fiscal years 2006, 2007, 2008, and 2009. 

The House bill contained no similar provision. 

The House recedes. 

Sense of the Congress regarding funding of the Advanced Shipbuilding Enterprise under the National Shipbuilding Research 

Program of the Navy (sec. 242) 

The Senate amendment contained a provision (sec. 242) that 

would express the sense of the Senate in support of continued funding for the Advanced Shipbuilding Enterprise under the National 

Shipbuilding Research Program of the Navy, citing it as a method 

for exploring and collaborating on innovation in shipbuilding and 

ship repair that collectively benefits all components of the industry. 

The House bill contained no similar provision. 

The House recedes with an amendment that would change the 

provision to a sense of the Congress. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Program increases 

The House bill contained a provision (sec. 203) that would authorize an increase of $5.0 million in PE 25633N for Research, Development, Test and Evaluation, Navy, for nano composite hardcoat for aircraft canopies, and an increase of $5.0 million in PE 

590

27443F for Research, Development, Test and Evaluation, Air Force, 

for command and control service-level management. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees agree to authorize an increase of $2.3 million in 

PE 25633N for nano composite hard-coat for aircraft canopies, and 

an increase of $3.8 million in PE 27443F for command and control 

service-level management. DD(X)-class destroyer program. 

The Senate amendment contained a provision (sec. 211) that 

would authorize the Secretary of the Navy to fund the second destroyer of the DD(X)-class with Research, Development, Test and 

Evaluation, Navy funds, and would direct that $99.4 million be authorized for detail design of the second ship. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees agree to authorize a total of $1,471.5 million in 

PE 64300N for the DD(X) destroyer, including $84.4 million to 

begin detail design of the second ship of the class. 

The conferees have strongly supported both the DD(X) program 

and the Navy’s acquisition strategy, which uses the construction 

and test of engineering development models (EDMs) to mitigate 

technical risk. 

The conferees are aware of the assessment by the Government 

Accountability Office (GAO) of the maturity of 12 technologies critical to DD(X), as the program entered the system development and 

demonstration (SDD) phase, and the GAO’s further assessment 

that DD(X) technology maturity and design stability will not be 

demonstrated before the Milestone B decision scheduled for March 

2005. Many of the tests to demonstrate technical maturity will 

occur around the time of the critical design review (CDR) late in 

fiscal year 2005. Program officials acknowledge the risks associated 

with the advanced technologies, but the conferees believe that taking such risks is warranted to ensure that the DD(X) technologies 

are not obsolete, and that the Navy has taken adequate steps to 

mitigate the risks before ship construction begins. These steps include the identification of fall back options if new technologies are 

not available. 

In particular, the conferees note the concerns expressed in the 

House report (H. Rept. 108–491) regarding the schedule for landbased testing of the integrated power system and advanced gun 

system EDMs. These two system EDMs are not scheduled to complete land-based testing until late in fiscal year 2005, coincident 

with the DD(X) CDR. 

The conferees agree that the integrated power system and advanced gun system are key elements which drive much of the 

DD(X) design, and that land-based testing of these systems should 

be essentially complete prior to the DD(X) CDR. The conferees direct the Secretary of the Navy, in coordination with the Under Secretary of Defense for Acquisition, Technology and Logistics, to report to the congressional defense committees following completion 

of the DD(X) CDR. That report should include the results of the 

CDR and an assessment of the readiness of the program to proceed 

beyond the SDD phase of the program. 

591

The conferees share the concerns raised in the Senate Report 

(S. Rept. 108–260) regarding maintaining the viability of a competitive industrial base for the design and construction of Navy surface 

combatants. As noted in that report, the Navy had originally 

planned to compete the construction phase of the DD(X), but made 

a decision to award that contract on a sole-source basis to the shipyard with lead design responsibility. The conferees expect the Navy 

to take all actions necessary to ensure the viability of the second 

shipyard in order to maintain a healthy and competitive industrial 

base for surface combatants. 

Joint Strike Fighter aircraft program 

The Senate amendment contained a provision (sec. 215) that 

would require the Secretary of Defense to have the Defense Science 

Board (DSB) conduct a study of the Joint Strike Fighter (JSF) aircraft program, which would be delivered to the congressional defense committees with the budget request for fiscal year 2006. This 

study would focus primarily on the issue of excess weight in the 

aircraft, the potential performance penalties that would be incurred, and the technical approaches to solve these issues. 

The House bill amendment contained no similar provision. 

The Senate recedes. 

The conferees have been made aware of the results of a recently completed study by a senior-level independent review team 

which reviewed almost identical areas of the JSF program, and believe another study by the DSB would be redundant at this time. 

Space based radar 

The House bill contained a provision (sec. 215) that would prohibit the Department of Defense from proceeding to Milestone B in 

the Space Based Radar program until 30 days after meeting a requirement to provide the congressional defense committees and intelligence committees a report that includes independent cost and 

technology maturity and readiness assessments and the system design concept for the program. 

The Senate amendment contained no similar provision. 

The House recedes. 

Mark–54 torpedo product improvement program 

The House bill contained a provision (sec. 216) that would 

make available $2.0 million of the funds in PE 64610N for Research, Development, Test, and Evaluation, Navy for the Mark–54 

torpedo product improvement program. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees agree to authorize an increase of $1.5 million in 

PE 64610N for the Mark–54 torpedo product improvement program. 

Infrastructure system security engineering development for the Navy 

The Senate amendment contained a provision (sec. 217) that 

would authorize an increase of $3.0 million in PE 26313M for Research, Development, Test and Evaluation, Navy, for infrastructure 

system security engineering development. 

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The House bill contained no similar provision. 

The Senate recedes. 

The conferees agree to authorize an increase of $1.5 million in 

PE 26313M for infrastructure system security engineering at the 

Critical Infrastructure Protection Center. 

Neurotoxin Mitigation Research 

The Senate amendment contained a provision (sec. 218) that 

would authorize an increase of $2.0 million in PE 62384BP for Research, Development, Test and Evaluation, Defense-wide activities 

for neurotoxin mitigation research. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees agree to authorize an increase of $1.0 million in 

PE 62384BP for neurotoxin mitigation research.

Spiral development of Joint Threat Warning System maritime 

variants 

The Senate amendment contained a provision (sec. 219) that 

would authorize an increase of $2.0 million in PE 116405BB for the 

development of maritime variants for the Joint Threat Warning 

System (JTWS), to be offset by a decrease of $2.0 million of the 

amount authorized to be appropriated for military personnel (sec. 

421), with the amount of the reduction to be derived from excess 

amounts provided for military personnel of the Air Force. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees agree to authorize an increase of $2.0 million in 

PE116405BB for spiral development of maritime variants for 

JTWS. 

Advanced ferrite antenna 

The Senate amendment contained a provision (sec. 220) that 

would authorize an increase of $3.0 million in PE 26313M for Research, Development, Test, and Evaluation, Navy, for advanced ferrite antenna development. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees agree to authorize an increase of $2.1 million in 

PE 26313M for advanced ferrite antenna development. 

Prototype littoral array system for operating submarines 

The Senate amendment contained a provision (sec. 221) that 

would authorize an increase of $5.0 million in PE 64503N for Research, Development, Test and Evaluation, Navy for the design, development, and testing of a prototype littoral array system for operating submarines. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees agree to authorize an increase of $3.3 million in 

PE 64503N for the design, development, and testing of a prototype 

littoral array system for operating submarines. 

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Advanced manufacturing technologies and radiation casualty research 

The Senate amendment contained a provision (sec. 222) that 

would authorize an increase of $2.0 million in PE 78011S for advanced manufacturing technologies and $3.0 million in PE 

63002D8Z for radiation casualty research. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees agree to authorize an increase of $4.5 million in 

PE 78011S for advanced manufacturing technologies. 

Research and development for improved prevention of leishmaniasis 

The Senate amendment contained a provision (sec. 328) that 

would authorize an increase of $0.5 million in the Defense Health 

Program and $4.5 million in PE 64807A for research and development for improved prevention of leishmaniasis. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees agree to authorize an increase of $0.5 million in 

the Defense Health Program, $1.4 million in PE 63002A, and $4.5 

million in PE 64807A for research and development for the prevention and treatment of leishmaniasis. 

(595)

TITLE III—OPERATION AND MAINTENANCE 

Operation and Maintenance Overview 

The budget request included an authorization of $121,874.6 

million in Operation and Maintenance, $20,109.6 million in Other 

Programs, and $2,955.1 million in Working Capital Fund accounts 

for the Department for Defense. 

The House bill would authorize $119,758.9 million in Operation and Maintenance, $20,229.8 million in Other Programs, and 

$2,767.1 million in Working Capital Fund accounts. 

The Senate amendment would authorize $120,522.3 million in 

Operation and Maintenance, $20,529.0 million in Other Programs, 

and $2,894.9 million in Working Capital Fund accounts. 

The conferees recommend an authorization of $121,520.2 million in Operation and Maintenance, $20,086.9 million in Other Programs, and $2,896.1 million in Working Capital Fund accounts. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice.

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ITEMS OF SPECIAL INTEREST

Navy Marine Corps Intranet 

The conferees note that the Navy Marine Corps Intranet 

(NMCI) program is working to transfer legacy applications and networks into the NMCI environment. The conferees note that the 

scope of this process is large and the original goals relating to termination or migration of legacy applications have not been 

achieved. The conferees understand that there may be valid operational reasons for not migrating some legacy applications into the 

NMCI environment. The Secretary of the Navy should accelerate 

the migration or termination of legacy applications and networks, 

and the conferees direct the Secretary to report to the Congress on 

the progress in this area, as well as on a plan for the future funding of any legacy systems support by September 30, 2005. The conferees take no position on matters of NMCI contract administration 

and direct the Secretary to resolve any matters in contractual arrangements relating to legacy application termination, transition, 

and support in a manner consistent with established procedures 

and acquisition policies. 

Transforming the Department of the Army’s logistics maintenance 

information 

The conferees support the Department of the Army’s recent decision to allocate funds to reduce the cost, while increasing the 

speed of transforming its logistics maintenance information into 

modern and usable formats. The conferees urge the Army to continue these efforts as a means to improve maintenance support 

tools available to soldiers. 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Authorization of Appropriations 

Authorization of appropriations (secs. 301–303) 

The House bill contained provisions (sec. 301–303) that would 

authorize fiscal year 2005 funding levels for all operation and 

maintenance accounts, working capital funds, and other Department of Defense programs, including the Defense Inspector General, the Chemical Demilitarization Program, Drug Interdiction 

and Counter-Drug Activities, and the Defense Health Program. 

The Senate amendment contained similar provisions (secs. 

301–303). 

The conference agreement includes these provisions. 

Chemical Agents and Munitions Destruction, Defense (sec. 303b) 

The budget request included $1,372.0 million in Chemical 

Agents and Munitions Destruction, Army for the Department of 

Defense. 

The House bill contained a provision (sec. 303(b)) that would 

provide a total of $1,372.0 million in Chemical Agents and Munitions Destruction, Defense (CAMD,D) for the Department of Defense. 

643

The Senate amendment contained a provision (sec. 303(b)) that would provide a total of $1,519.0 million for CAMD,D, including an 

increase of $147.0 million to restore the funding for the chemical 

demilitarization research and development program at the Pueblo 

Chemical Agent Disposal Facility, Pueblo, Colorado, to the original 

estimates developed by the Department’s Cost Analysis Improvement Group, which were provided in the Future Years Defense 

Program submitted with the fiscal year 2004 budget request. 

The House recedes with an amendment that would authorize 

$1,372.0 million for CAMD,D, as follows: $1,088.8 million for Operation and Maintenance; $204.2 million for Research and Development, (an increase of $50.0 million to the budget request to be used 

for the chemical demilitarization research and development program at Pueblo); and $79.0 million for Procurement. 

Elsewhere in this report the conferees recommend an author- ization of $81.9 million for military construction for the Chemical 

Agents and Munitions Destruction program. 

The conferees note the reduction in the fiscal year 2005 budget 

request from the fiscal year budget estimate for the chemical demilitarization program, particularly for the Pueblo facility, and concerns raised in the Senate report accompanying S. 2400 (S. Rept. 

108–260) regarding the need to provide sufficient funding in the 

program for the United States to meet its obligations under the 

Chemical Weapons Convention. The conferees also note the views 

expressed in the House report accompanying H.R. 4200 (H. Rept. 

108–491) that the United States proceed as rapidly as possible in 

destroying the stockpile of bulk VX nerve agent stored at Newport 

Chemical Depot, Indiana, in order to ensure maximum safety and 

to meet international treaty commitments, while proceeding objectively and deliberately in ensuring that the disposal of the hydrolysate hazardous waste, which results from neutralization of the VX 

agent, in a commercial hazardous water treatment facility does not 

compromise the public health and safety of the citizens or the environment near such a facility. 

Elsewhere in this report the conferees have recommended a 

provision that would require the Under Secretary of Defense for 

Acquisition, Technology and Logistics and the Secretary of the 

Army to jointly prepare and annually update a strategic report for 

future activities and funding of the chemical demilitarization program. 

Section 1421 of the Department of Defense Authorization Act, 

1986 (section 1521 of title 50, United States Code, Public Law 99–

145) requires that funds for the chemical demilitarization program, 

including those for military construction, shall be set forth in the 

budget of the Department for any fiscal year as a separate account 

and shall not be included in the budget accounts for any military 

department. Section 141 of the National Defense Authorization Act 

for fiscal year 2003 (Public Law 107–314) requires that the Under 

Secretary of Defense (Comptroller) annually certify to the congressional defense committees that the budget request for the chemical 

agents and munition destruction program has been submitted in 

accordance with the requirements of section 1421. The Department 

submitted the fiscal year 2005 budget request for chemical demilitarization in an Army account, contrary to the law. The conferees 

644

expect the Department to comply with the law in future budget requests by submitting the budget request for chemical agents and 

munitions destruction in a Department of Defense account. 

Subtitle B—Environmental Provisions 

Satisfaction of Superfund audit requirements by the Inspector General of the Department of Defense (sec. 311) 

The Senate amendment contained a provision (sec. 323) that 

would allow the Inspector General of the Department of Defense 

the discretion to audit Superfund financial transactions on a periodic basis. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

The conferees expect that a periodic review would result in an 

audit at least every three years. 

Reimbursement of Environmental Protection Agency for certain 

costs in connection with Moses Lake Wellfield Superfund Site, 

Moses Lake, Washington (sec. 312) 

The Senate amendment contained a provision (sec. 322) that 

would provide discretionary authority to the Secretary of Defense 

to transfer not more than $524,927 to the Moses Lake Wellfield 

Superfund Site (Moses Lake), 10–6J Special Account, formerly the 

home of Larson Air Force Base. This payment would be for reimbursement to the Environmental Protection Agency for costs and 

interest incurred to perform a remedial investigation and feasibility 

study at Moses Lake, where the groundwater is apparently contaminated with trichloroethylene. 

The House bill contained no similar provision. 

The House recedes. 

Increase in authorized amount of environmental remediation, Front 

Royal, Virginia (sec. 313) 

The Senate amendment contained a provision (sec. 325) that 

would amend section 591(a)(2) of the Water Resources Development Act of 1999 (Public Law 106–53) by increasing the authorized 

level by $10.0 million for environmental remediation in Front 

Royal, Virginia. 

The House bill contained no similar provision. 

The House recedes. 

Small Boat Harbor, Unalaska, Alaska (sec. 314) 

The conferees agree to include a provision that requires the 

Secretary of the Army to carry out the small boat harbor project 

in Unalaska, Alaska. The conferees note that the total estimated 

cost is $23.2 million, with an estimated federal cost of $11.5 million 

and an estimated non-federal cost of $11.7 million. The project 

shall be carried out in accordance with the plans and subject to the 

conditions recommended in a final report of the Chief of Engineers, 

if a favorable final report of the Chief for the project is completed 

not later than December 31, 2004. 

645

Report regarding encroachment issues affecting Utah Test and 

Training Range, Utah (sec. 315) 

The House bill included a provision (sec. 311) that would require the Secretary of the Air Force to submit a report to the Committees on Armed Services of the Senate and the House of Representatives that outlines current and anticipated encroachments 

on the use of the special use airspace of the Utah Test and Training Range (UTTR). The Senate amendment included a similar provision (sec. 329). The Senate amendment also confirmed a prohibition on ground military operations in the covered wilderness study 

area within UTTR. The Senate amendment further clarified that 

nothing in the provision would prevent required maintenance of existing communications, instrumentation, or electronic tracking systems necessary for effective testing and training to meet military 

requirements in UTTR. 

The House recedes with a technical amendment. 

Comptroller General Study and report on Alternative Technologies 

to decontaminate groundwater at Department of Defense installations (sec. 316)

The Senate amendment contained a provision (sec. 326) which 

would require the Comptroller General of the United States to 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. 

The House bill contained no similar provision. 

The House recedes with an amendment clarifying the scope of 

the study. 

Comptroller General study and report on drinking water contamination and related health effects at Camp Lejeune, North Carolina (sec. 317) 

The Senate amendment contained a provision (sec. 324) that 

would require the Comptroller General of the U.S. to conduct a 

study of the history of drinking water contamination at the United 

States Marine Corps (USMC) base at Camp Lejeune, North Carolina. 

The House bill contained no similar provision. 

The House recedes with an amendment clarifying the scope of 

the study. 

Sense of Congress regarding perchlorate contamination of ground 

and surface water from Department of Defense activities (sec. 

318) 

The Senate amendment contained a provision (sec. 327) that 

would express the sense of the Senate that the Department of Defense should develop a national plan to remediate perchlorate contamination specifically to: (1) ensure the Department is prepared to 

respond quickly and appropriately once a drinking water standard 

is established; (2) continue remediation at those sites where perchlorate contamination poses an imminent and substantial 

endangerment to public health; (3) develop a plan to remediate perchlorate contamination in cases in which such contamination from 

646

the Department’s activities is present in ground or surface water 

at levels the Department determines pose a hazard to human 

health; and (4) continue the process of evaluating and prioritizing 

sites without waiting for the development of a federal standard. 

The House bill contained no similar provision. 

The House recedes with an amendment clarifying the scope of 

the sense of the Congress. 

Subtitle C–Workplace and Depot Issues 

Simplification of annual reporting requirements concerning funds 

expended for depot maintenance and repair workloads (sec. 

321) 

The House bill contained a provision (sec. 321) that would 

amend section 2466(d) of title 10, United States Code, to require 

the Secretary of Defense to submit to Congress a report on the percentage of funds expended or expected to be expended for depot 

maintenance and repair workloads in the public and private sectors. 

The Senate amendment contained a similar provision (section 

331) that would simplify and improve the two separate annual reports required by section 2466(d) of title 10, United States Code, 

that the Department of Defense prepares relating to the percentage 

of funds expended or projected to be expended for depot maintenance and repair workloads in the public and private sectors. 

The House recedes with a technical amendment. 

Repeal of annual reporting requirement concerning management of 

depot employees (sec. 322) 

The House bill contained a provision (sec. 322) that would repeal section 2472(b) of title 10, United States Code, which currently 

requires the Secretary of Defense to report annually to the Committees on Armed Services of the Senate and the House of Representatives the number of Department of Defense employees employed and expected to be employed during that fiscal year to perform depot level maintenance and repair of materiel. 

The Senate amendment contained a similar provision (sec. 

332). 

The Senate recedes. 

Extension of special treatment for certain expenditures incurred in 

the operation of Centers of Industrial and Technical Excellence 

(sec. 323) 

The Senate amendment contained a provision (sec. 333) that 

would extend for three years section 2474(f) of title 10, United 

States Code. Section 2474(f) excludes all work performed by nonfederal personnel at designated Centers of Industrial and Technical 

Excellence from the 50 percent limitation on contracting for depot 

maintenance in section 2466(a) of title 10, United States Code, if 

the personnel are performing the work pursuant to a public-private 

partnership. 

The House bill contained no similar provision. 

The House recedes. 

647

Temporary authority for contractor performance of security-guard 

functions (sec. 324)

The Senate amendment contained a provision (sec. 362) that 

would extend for two years the authority granted in section 332 of 

the Bob Stump National Defense Authorization Act for Fiscal Year 

2003 (Public Law 107–314) to hire contract security guards on a 

temporary basis to fill positions that would otherwise be filled by 

members of the Armed Forces. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense to submit a report on the use of this authority 

no later than December 1, 2005. 

Pilot program for purchase of certain municipal services for Army 

installation (sec. 325) 

The Senate amendment contained a provision (sec. 363) that 

would authorize a pilot program under which the secretary of a 

military department could provide for the purchase of local governmental services at a Department of Defense installation from the 

local government responsible for serving the area. 

The House bill contained no similar provision. 

The House recedes with an amendment that would limit the 

pilot program to two Department of Army installations located in 

the United States. 

Bid protests by federal employees in actions under Office of Management and Budget Circular A–76 (sec. 326) 

The House bill contained a provision (sec. 325) that would express the sense of Congress that Department of Defense civilian 

employees (or their representatives) and contractors (or their representatives) should receive comparable treatment regarding legal 

standing to challenge the way in which a public-private competition 

has been conducted before the Government Accountability Office 

(GAO) or in the U.S. Court of Federal Claims. 

The Senate amendment contained a provision (sec. 1107) that 

would provide such legal standing, in GAO bid protests only, to 

both: (1) the official who submits an agency tender in a public-private competition (the Agency Tender Official (ATO)); and (2) a person representing a majority of the employees of the federal agency 

who are engaged in the performance of the activity or function that 

is subject to the competition. The Senate amendment also authorized the ATO or a person representing a majority of the employees 

to intervene in protests filed in the U.S. Court of Federal Claims. 

The House recedes with an amendment providing the ATO 

legal standing in GAO bid protests of public-private competitions 

for functions performed by more than 65 full-time federal employees. 

Under the conference agreement, the ATO would be required 

to file a protest at the request of a majority of the employees of the 

federal agency who are engaged in the performance of the activity 

or function that is subject to the competition unless the ATO determines that there is no reasonable basis for the protest. A determination by the ATO would not be subject to judicial or administrative appeal, but would be reported to the congressional defense 

648

committees. A person representing a majority of the employees 

would not have standing to file a protest, but would have the right 

to intervene in a protest filed by an interested party, including the 

ATO. The conference agreement would not address protests that 

are filed in the United States Court of Federal Claims. 

Limitations on conversion of work performed by Department of Defense civilian employees to contractor performance (sec. 327) 

The House bill contained a provision (sec. 323) that would: (1) 

codify the prohibition on converting an activity or function to private sector performance unless the conversion would result in savings of at least 10 percent or $10.0 million; (2) prohibit the Department from breaking up a function to avoid applicable thresholds for 

conducting a public competition; (3) ensure that a public competitor 

is not disadvantaged by the offer of a private competitor to reduce 

costs by reducing health care benefits for its employees; and (4) require the Department to conduct a competition, including an agency tender, a most efficient organization plan, and a formal cost 

comparison for any function performed by 10 or more civilian employees. 

The Senate amendment contained a similar provision (sec. 

851). 

The Senate recedes with an amendment that would: (1) codify 

the prohibition on converting an activity or function to private sector performance unless the conversion would result in savings of at 

least 10 percent or $10.0 million when conducting a public-private 

competition under OMB circular A–76 dated May 29, 2003; and (2) 

prohibit the Department of Defense from breaking up a function to 

avoid applicable thresholds for conducting a public-private competition under A–76 Circular A–76, May 29, 2003. 

The conferees agree to exclude the pilot program for best-value 

source selection authorized by section 336 of the National Defense 

Authorization Act for Fiscal Year 2004 (Public Law 103–136) from 

the requirement to apply a price differential of 10 percent or $10.0 

million. The conferees expect the Secretary of Defense to utilize the 

price differential in the cost or price component of an evaluation 

under the pilot program, but understand that cost or price alone 

is not determinative in a best value competition. 

The conferees note that the Department of Defense Appropriations Act for Fiscal Year 2005 (Public Law 108–257) includes a provision that would require the Department to ensure, in fiscal year 

2005, that a public competitor is not disadvantaged by the offer of 

a private competitor to reduce costs by reducing health care benefits for its employees and that the Department must conduct a 

competition, including an agency tender, a most efficient organization plan, and a formal cost comparison for any function performed 

by 10 or more civilian employees. 

The conferees direct the Comptroller General to review the implementation and impact of the Appropriations provision with regard to health care costs and competition of small agency functions. 

The Comptroller General’s review should also address the full 

range of benefits provided by public and private sector employers, 

the manner in which these benefits are considered in a public-private competition, the impact of any benefit changes on employees 

649

who transition to private sector employment as a result of a publicprivate competition, and steps that could be taken to ameliorate 

any adverse impact of such a transition. 

The conferees direct the Comptroller General to provide a preliminary report on this review to the congressional defense committees by no later than May 1, 2005, and a final report by no later 

than three months after the end of fiscal year 2005. 

Competitive sourcing reporting requirement (sec. 328) 

The House bill contained a provision (sec. 326) that would require the Inspector General of the Department of Defense to submit to Congress a report addressing whether the Department has 

implemented a comprehensive and reliable system to track and assess the results of public-private competitions. The House provision 

would establish a number of specific elements to be addressed in 

the tracking system. 

The Senate amendment contained a compatible provision (sec. 

853). The Senate provision would not establish the specific reporting elements to be addressed in the tracking system. 

The House recedes. 

The conferees note that section 354 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 

106–398) and section 385 of the National Defense Authorization 

Act for Fiscal Year 1998 (Public Law 105–85) required the Department to maintain a system for tracking the results of public-private 

competitions and established the specific elements to be addressed 

in the tracking system. 

Subtitle D—Information Technology 

Preparation of Department of Defense plan for transition to Internet 

Protocol version 6 (sec. 331) 

The House bill contained a provision (sec. 331) that would require the Secretary of Defense to prepare a transition plan to 

evaluate how the Department of Defense’s information technology 

systems may be affected by the Department’s decision to transition 

from the current protocols to Internet Protocol version 6 (IPv6). 

The provision would also direct the Secretary to conduct and manage tests of IPv6 and the global information grid to ensure the 

needs of the warfighter will continue to be met. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary to include cost estimates in the IPv6 transition plan. 

The conferees expect that any testing will be performed under 

the direction and review of the Director of Operational Test and 

Evaluation, who shall identify the most appropriate facilities and 

organizations to perform the testing. The conferees direct the Director to provide an update on the ongoing test program and test 

results no later than September 30, 2005. 

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Defense business enterprise architecture, system accountability, and 

conditions for obligation of funds for defense business system 

modernization (sec. 332) 

The House bill contained a provision (sec. 332) that would require the Department of Defense to develop a comprehensive architecture for all business systems of the Department. The provision 

would also prohibit significant investments in new business systems or upgrades to existing business systems that would be inconsistent with the new architecture. 

The Senate amendment contained a similar provision (sec. 

1004). 

The Senate recedes with an amendment that would: (1) clarify 

the criteria for approving business system modernization expenditures; (2) provide that a covered expenditure for a business system 

that has not been approved is a violation of the Anti-Deficiency Act 

(31 U.S.C., section 1341); (3) provide additional detail on the composition of the enterprise architecture and transition plan; (4) clarify that domain managers have responsibility for the review, approval, and oversight of defense business system acquisition and 

operation, but not for the execution of such requirements; (5) clarify the budget justification material to be provided by the Secretary 

of Defense in support of the President’s budget; (6) require the Secretary to appoint a Vice Chairman of the Defense Business System 

Management Committee; (7) clarify the responsibilities of the Committee; and (8) require the Comptroller General to assess the Department’s compliance with the requirements of the provision. 

Report on maturity and effectiveness of the Global Information Grid 

Bandwidth Expansion (GIG–BE) (sec. 333)

The Senate amendment contained a provision (sec. 142) that 

would require the Secretary of Defense to submit a report to the 

congressional defense committees on a test program to demonstrate 

the maturity and effectiveness of the Global Information GridBandwidth Expansion (GIG–BE). 

The House bill amendment contained no similar provision. 

The House recedes with a technical amendment. 

Subtitle E—Extensions of Program Authorities 

Two-year extension of Department of Defense telecommunications 

benefit (sec. 341) 

The Senate amendment contained a provision (sec. 341) that 

would extend until September 30, 2006 the Department of Defense 

telecommunications benefit authorized in section 344 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 

108–136). 

The House bill contained no similar provision. 

The House recedes. 

The conferees are concerned that the Department has not competitively awarded a contract under this section, relying instead on 

an existing contract. The conferees expect that the Secretary of Defense will, as soon as possible, award a contract to a commercial 

firm for the purposes of this provision through competitive procedures. 

651

Extension of Arsenal Support Program Initiative (sec. 342) 

The House bill contained a provision (sec. 351) that would 

amend Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398), to authorize the Secretary of the Army to extend the Arsenal Support 

Initiative Program through fiscal year 2008. This section would 

also require the Secretary to report to the Committees on Armed 

Services of the Senate and the House of Representatives by March 

1, 2007, the benefits of the program, the extent to which the program met its goals, and whether the program should be made permanent. 

The Senate amendment contained a similar provision (sec. 342) 

that would extend the Arsenal Support Program Initiative through 

the end of fiscal year 2006. 

The Senate recedes. 

Two-year extension of warranty claims recovery pilot program (sec. 

343) 

The Senate amendment contained a provision (sec. 343) that 

would extend, through September 30, 2006, the warranty claims recovery pilot program authorized in section 391 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85). 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense to submit a report on the commercial use of 

warranty recovery services, and to determine whether the pilot 

should be made permanent or extended beyond 2006. 

Subtitle F—Other Matters 

Reimbursement for certain protective, safety, or health equipment 

purchased by or for members of the Armed Forces deployed in 

contingency operations (sec. 351) 

The House bill contained a provision (sec. 304) that would authorize the Secretary of Defense to reimburse service members who 

purchased protective body armor for use while deployed in connection with Operation Noble Eagle, Operation Enduring Freedom, or 

Operation Iraqi Freedom, if the service member did not receive the 

protective body armor before engaging in such operations where 

such body armor might be necessary. Reimbursement would be 

available to service members who purchased the body armor between September 1, 2003 and December 31, 2003. 

The Senate amendment contained a provision (sec. 1072) that 

would direct the Secretary to reimburse service members, a relative 

of the service member, a nonprofit organization, or a community 

group, who purchased any protective, safety, or health equipment 

for use by such service member while deployed in connection with 

Operation Noble Eagle, Operation Enduring Freedom, or Operation 

Iraqi Freedom, provided that the unit commander of the service 

member certifies that such equipment was critical to the protection, safety, or health of the service member. The provision also 

stated that the type of protective, safety, or health equipment 

would include personal body armor, collective armor or protective 

equipment (including armor or protective equipment for high moVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00677 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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bility multi-purpose wheeled vehicles), and items provided through 

the Rapid Fielding Initiative of the Army such as the advanced (onthe-move) hydration system, the advanced combat helmet, the close 

combat optics system, a Global Positioning System (GPS) receiver, 

and a solder intercommunication device. Non-military equipment 

would be treated as protective, safety, and health equipment only 

if such equipment provides protection, safety, or health benefits, as 

the case may be, such as would be provided by equipment meeting 

military specifications. Reimbursement would be available for 

armor or protective equipment purchased for high mobility multipurpose wheeled vehicles between September 11, 2001 and July 31,

2004, and for any other protective, safety, and health equipment 

purchased between September 11, 2001 and December 31, 2003 or 

any date thereafter as determined by the Secretary. The provision 

would further establish a limit on the amount of reimbursement, 

and provide authority for the Secretary to assume title or ownership of any protective, safety, or health equipment for which a service member was reimbursed. 

The House recedes with an amendment that would direct the 

Secretary to reimburse service members who purchased, or had another person purchase on their behalf, any protective, safety, or 

health equipment for use while deployed in connection with Operation Noble Eagle, Operation Enduring Freedom, or Operation 

Iraqi Freedom, provided that: (1) the Secretary certifies that the 

equipment was critical to the protection, safety, and health of the 

service member; (2) the equipment was not issued to the service 

member before the service member was on duty in an area in 

which the service member was in imminent danger of being exposed to hostile fire; and (3) the equipment was purchased between 

September 11, 2001 and July 31, 2004. The amendment would also 

limit the amount of reimbursement to $1,100 per item, establish a 

one-year period for the submission of claims for reimbursement, 

and direct the Secretary to establish rules not later than 120 days 

after date of enactment of this Act to expedite reimbursements, to 

include addressing circumstances under which the United States 

will assume title or ownership of any protective, safety, or health 

equipment for which a service member was reimbursed. 

The conferees direct the Secretary to consult with the appropriate chain of command to ensure all criteria for reimbursement 

are attained. The conferees also note that the type of protective, 

safety, or health equipment for which a reimbursement is made 

may include personal body armor, collective armor or protective 

equipment (including armor or protective equipment for high mobility multi-purpose wheeled vehicles), and items provided through 

the Rapid Fielding Initiative of the Army such as the advanced (onthe-move) hydration system, the advanced combat helmet, the close 

combat optics system, a Global Positioning System (GPS) receiver, 

and a solder intercommunication device. Non-military equipment 

for which a reimbursement could be made should be treated as protective, safety, and health equipment only if such equipment provides protection, safety, or health benefits, as the case may be, 

such as would be provided by equipment meeting military specifications. 

653

Limitation on preparation or implementation of Mid-Range Financial Improvement Plan pending report (sec. 352) 

The House bill contained a provision (sec. 352) that would prohibit the Secretary of Defense from obligating operation and maintenance funds to implement the Mid-Range Financial Improvement 

Plan until the Secretary provides to the Committees on Armed 

Services of the Senate and the House of Representatives an explanation of how the operation and maintenance funds are to be utilized in fiscal year 2005 and the estimated cost for this plan in future years. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would also require the Secretary to provide a written determination that the Department has developed an enterprise architecture and transition 

plan for its business systems that meets the requirements of section 2222 of title 10, United States Code (as added by section 332. 

Pilot program to authorize Army working-capital funded facilities to 

engage in cooperative activities with non-Army entities (sec. 

353) 

The Senate amendment contained a provision (sec. 364) that 

would authorize Army industrial activities that operate under the 

working capital fund to enter into public-private partnerships with 

non-Army entities, and allow the proceeds to be retained by the entity engaged in the partnership. 

The House bill contained no similar provision. 

The House recedes with an amendment that would authorize 

such contracts or cooperative arrangements, but would not direct 

that the facility involved retain the proceeds. 

Transfer of excess Department of Defense personal property to assist 

firefighting agencies (sec. 354) 

The House bill contained a provision (sec. 1079) that would 

amend section 2576b of title 10, United States Code, to modify the 

recipients of the Department of Defense excess personal property 

to assist rural firefighting agencies. The provision would require 

the Secretary of Defense to enter into an agreement with the Secretary of Agriculture to facilitate the reutilization of the Department’s excess personal property by firefighting agencies in rural 

areas. The agreement between the Secretary of Defense and Secretary of Agriculture would include a prohibition on the transfer of 

the Department’s aircraft until the end of a one-year period beginning on the date that the Secretary of Agriculture submits a report 

to the House Committee on Agriculture, the Senate Committee on 

Agriculture, Nutrition and Forestry, and the Committee on Armed 

Services of the Senate and the House of Representatives on the 

measures taken by the U.S. Forest Service in response to National 

Transportation Safety Board Recommendations A–04–29 through 

A–04–33. The provision would also require that personal property 

being transferred for reutilization by firefighting agencies in rural 

areas be afforded a property disposal priority at least equal to the 

priority given to the military departments and other entities within 

the United States. 

The Senate amendment contained no similar provision. 

654

The Senate recedes with an amendment that would amend section 2576b of title 10, United States Code, to direct the Secretary 

of Defense to transfer to a firefighting agency in a State any personal property of the Department that the Secretary determines is 

excess to the needs of the Department and suitable for use in providing fire and emergency medical services, including personal protective equipment and equipment for communications and monitoring. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Amount for One Source military counseling and referral hotline 

The Senate amendment contained a provision (sec. 304) that 

would authorize an increase of $5.0 million for the Department of 

Defense One Source counseling and referral hotline. 

The House bill contained no similar provision. 

The Senate recedes. 

Reduction in authorization for Air Force operations and maintenance 

The House bill contained a provision (sec. 305) that would reduce the amount authorized to be appropriated to the Air Force by 

$10.0 million, to be derived from the transportation working capital 

fund. 

The Senate amendment contained no similar provision. 

The House recedes. 

Family Readiness Program of the National Guard 

The Senate amendment contained a provision (sec. 313) that 

would increase the amount authorized to be appropriated in Operation and Maintenance, Army by $10.0 million for the Family 

Readiness Program of the National Guard. 

The House bill contained no similar provision. 

The Senate recedes. 

Payment of certain private cleanup costs in connection with Defense 

Environmental Restoration Program 

The Senate amendment contained a provision (sec. 321) that 

would allow the Secretary of Defense to execute environmental restoration agreements with owners of covenant properties. 

The House bill contained no similar provision. 

The Senate recedes. 

Public-private competition pilot program 

The House bill contained a provision (sec. 324) that would require the Secretary of Defense to establish a pilot program to examine the use of public-private competition process on new requirements and functions currently being performed by contractors that 

could be performed by civilian employees. Under the pilot program, 

the Secretary would be required to allow civilian employees to compete through the standard competitive process of Office of Management and Budget Circular A–76 for: (1) approximately one-tenth of 

the new requirements of the Department of Defense; and (2) functions currently being performed by a number of contractor employVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00680 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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ees that is approximately one-tenth of the number of civilian employees subject to public-private competition during the same period. 

The Senate amendment contained a provision (sec. 852) that 

would require the Secretary to prescribe guidelines and procedures 

for ensuring that fair consideration is given to using federal government employees to perform new work and functions that are 

currently performed by contractors. The provision would provide 

that no public-private competition may be required before assigning government employees to perform new work or work that was 

previously performed by contractors. 

The conference report does not include either provision. 

The conferees believe that the Department’s workforce of civilian employees is an important resource that the Department 

should fully utilize. The National Security Personnel System gives 

the Secretary broad authority to hire new civilian employees and 

to develop new competencies within the Department’s civilian 

workforce. The conferees believe that Department of Defense managers must have flexibility not only to assign work to civilian employees, but also to build and structure the civilian workforce to 

perform appropriate tasks, free of artificial or unneeded regulatory 

constraints. 

The conferees direct the Secretary to work with the Director of 

the Office of Management and Budget and other appropriate officials to ensure that the Department has the flexibility that it needs 

to assign work to its civilian workforce and to build needed capabilities in that workforce. 

Establishment of joint program office to improve interoperability of 

battlefield management command and control systems 

The House bill contained a provision (sec 333) that would establish a joint program office to improve interoperability of battlefield management command and control systems. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that the Department of Defense has struggled for many years to develop and field command, control, communications, computers, and intelligence, surveillance, and reconnaissance systems that interoperate effectively across all of the military 

services and with coalition forces. The conferees note that there are 

a number of current efforts throughout the Department to develop 

portions of a ‘‘Family of Interoperable Operating Pictures’’, including the Single Integrated Air Picture, the Single Integrated Ground 

Picture, the Single Integrated Maritime Picture, the Special Operations Forces Picture, and the Single Integrated Space Picture. The 

conferees are concerned that without proper management, oversight, and coordination, as well as a single over-arching architecture that controls all systems, these efforts could become redundant and wasteful, and lack the interoperability required to effectively support joint warfighting missions. 

Therefore, the conferees direct the Secretary of Defense to provide to the congressional defense committees a report no later than 

March 15, 2005 that identifies all funds for research and procureVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00681 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
656

ment activities related to the development of joint battlefield management command and control systems in the Department. 

This report shall also include baselines for the Family of Interoperable Pictures, including a baseline for the Single Integrated Air 

Picture, the Single Integrated Ground Picture, the Single Integrated Maritime Picture, the Special Operations Forces Picture, 

and the Single Integrated Space Picture. The baselines shall be 

consistent with those required for major defense acquisition programs under Department regulations, and shall include a description of the overall systems architecture, specific milestones and 

performance measures for each developmental block, the schedule 

for achieving those performance goals, the estimated total and annual costs to meet that schedule, and a description of the management approach being used to achieve program goals. 

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

The House bill contained a provision (sec. 353) that would direct the Secretary of the Navy to consider proposals for the followon Department of the Navy contracts to operate five Champion- class T–5 tank vessels only from an entity that is a citizen under 

section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802). 

The Senate amendment contained no similar provision. 

The House recedes. 

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

The House bill contained a provision (sec. 1080) that would 

amend section 2576b of title 10, United States Code, to authorize 

the Secretary of Defense to expand the Department of Defense excess personal property program to include State health agencies. 

The Senate amendment contained no similar provision. 

The House recedes.

(657)

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Active Forces 

End strengths for active forces (sec. 401) 

The House bill contained a provision (sec. 401) that would authorize the following end strengths for active forces as of September 30, 2005: Army, 482,400; Navy, 365,900; Marine Corps, 

175,000; and Air Force, 359,700. 

The Senate amendment contained a similar provision (sec. 401) 

that would authorize an active-duty end strength for the Army of 

502,400, subject to the condition that costs of active-duty personnel 

of the Army in excess of 482,400 shall be paid out of funds authorized to be appropriated for fiscal year 2005 for a contingent emergency reserve fund or as an emergency supplemental appropriation. 

The House recedes with an amendment that would authorize 

an end strength of 178,000 for the Marine Corps subject to the condition that costs in excess of 175,000 active-duty Marines shall be 

paid out of funds authorized to be appropriated for fiscal year 2005 

for a contingent emergency reserve fund or as an emergency supplemental appropriation. 

The conferees recommend end strength levels for active forces 

for fiscal year 2005 as set forth in the following table:

Service FY 2004

authorized 

FY 2005 Change from 

Request Conferee recommendation 

FY 2005

request 

FY 2004

authorized 

Army ........................................ 482,400 482,400 502,400 20,000 20,000 

Navy ......................................... 373,800 365,900 365,900 0 ¥7,900 

Marine Corps ........................... 175,000 175,000 178,000 3,000 3,000 

Air Force .................................. 359,300 359,700 359,700 0 400

DoD Total ................... 1,390,500 1,383,000 1,406,000 23,000 15,500 

Revision in permanent active duty end strength minimum levels 

(sec. 402) 

The House bill contained a provision (sec. 402) that would establish new minimum active-duty end strengths for the Navy of 

365,900 and Air Force of 359,700 as of October 1, 2004. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would establish 

new minimum active-duty end strengths for the Army of 502,400 

and the Marine Corps of 178,000. 

658

Additional authority for increases of Army and Marine Corps active 

duty personnel end strengths for fiscal years 2005 through 2009 

(sec. 403) 

The House bill contained provisions (sec. 1531 and 1532) that 

would increase the active Army and Marine Corps end strength authorized for fiscal year 2005 by 10,000 and 3,000 respectively above 

the authorization in section 401 of the National Defense Authorization Act for Fiscal Year 2004. These provisions would also authorize corresponding active-duty Army and Marine Corps end 

strengths for fiscal years 2006 and 2007 and prescribe corresponding minimum end strengths under section 691(b) of title 10, 

United States Code. 

The Senate amendment contained a provision (sec. 402) that 

would authorize a temporary increase in the Army’s active-duty 

end strength of up to 30,000 during fiscal years 2005 through 2009. 

The provision would require that if the Secretary of Defense plans 

to increase the Army active-duty end strength above the levels authorized for fiscal year 2004, then the budget for the Department 

for such fiscal years as submitted to Congress shall specify the 

amounts necessary for funding the active duty end strength of the 

Army in excess of 482,400. 

The House recedes with an amendment that would authorize 

a temporary increase in the Marine Corps’ active-duty end strength 

of up to 9,000 over 175,000, the level set forth in section 401 of the 

National Defense Authorization Act for Fiscal Year 2004 during fiscal years 2005 through 2009. The amendment would also require 

that if the Secretary of Defense plans to increase the Army or Marine Corps active-duty end strength for a fiscal year, then the 

budget for the Department for such fiscal years as submitted to 

Congress shall specify the amounts necessary for funding the active 

duty end strength of the Army or Marine Corps in excess of 

482,400 and 175,000 respectively. 

Exclusion of service academy permanent and career professors from 

a limitation on certain officer grade strengths (sec. 404) 

The Senate amendment contained a provision (sec. 403) that 

would amend section 523(b) of title 10, United States Code, to exclude up to 50 permanent professors at both the U.S. Military 

Academy and U.S. Air Force Academy, and up to 50 career military 

professors at the U.S. Naval Academy from the determination of 

authorized strengths in prescribed officer grades. 

The House bill contained no similar provision. 

The House recedes with a technical amendment.

Subtitle B—Reserve Forces 

End strengths for Selected Reserve (sec. 411) 

The House bill contained a provision (sec. 411) that would authorize the following end strengths for Selected Reserve personnel, 

including the end strengths for Reserves on active duty in support 

of the Reserves as of September 30, 2005: the Army National 

Guard of the United States, 350,000; the Army Reserve, 205,000; 

the Naval Reserve, 83,400; the Marine Corps Reserve, 39,600; the 

659

Air National Guard of the United States, 106,800; the Air Force 

Reserve, 76,100; and the Coast Guard Reserve, 10,000. 

The Senate amendment contained an identical provision (sec. 

411). 

The conference agreement includes this provision. 

The conferees recommend end strength levels for the Selected 

Reserve for fiscal year 2005 as set forth in the following table:

Service FY 2004

authorized 

FY 2005 Change from 

Request Conferee recommendation 

FY 2005

request 

FY 2004

authorized 

Army National Guard ............... 350,000 350,000 350,000 0 0

Army Reserve ........................... 205,000 205,000 205,000 0 0 

Naval Reserve ......................... 85,900 83,400 83,400 0 ¥2,500 

Marine Corps Reserve ............. 39,600 39,600 39,600 0 0 

Air National Guard .................. 107,030 106,800 106,800 0 ¥230

Air Force Reserve .................... 75,800 76,100 76,100 0 300

DoD Total ................... 863,330 860,900 860,900 0 ¥2,430 

Coast Guard Reserve .............. 10,000 10,000 10,000 0 0

End strengths for Reserves on active duty in support of the Reserves 

(sec. 412) 

The House bill contained a provision (sec. 412) that would authorize the following end strengths for Reserves on active duty in 

support of the Reserves as of September 30, 2005: the Army National Guard of the United States, 26,476; the Army Reserve, 

14,970; the Naval Reserve, 14,152; the Marine Corps Reserve, 

2,261; the Air National Guard of the United States, 12,225; and the 

Air Force Reserve, 1,900. 

The Senate amendment contained a similar provision (sec. 412) 

that would authorize end strengths of 26,602 for the Army National Guard, 12,253 for the Air National Guard, and identical end 

strengths for the other services. 

The House recedes. 

The conferees recommend end strength levels for Reserves on 

active duty in support of the Reserves as set forth in the following 

table:

Service FY 2004

authorized 

FY 2005 Change from 

Request Conferee recommendation 

FY 2005

request 

FY 2004

authorized 

Army National Guard ............... 25,599 26,476 26,602 126 1003

Army Reserve ........................... 14,374 14,970 14,970 0 596

Naval Reserve ......................... 14,384 14,152 14,152 0 ¥232 

Marine Corps Reserve ............. 2,261 2,261 2,261 0 0 

Air National Guard .................. 12,191 12,225 12,263 28 62

Air Force Reserve .................... 1,660 1,900 1,900 0 240

DoD Total ................... 70,469 71,984 72,138 154 1669 

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

The House bill contained a provision (sec. 413) that would authorize the following end strengths for military technicians (dual 

status) as of September 30, 2005: the Army National Guard of the 

United States, 25,076; the Army Reserve, 7,299; the Air National 

660

Guard of the United States, 22,956; and the Air Force Reserve, 

9,954. 

The Senate amendment contained an identical provision (sec. 

413). 

The conference agreement includes this provision. 

The conferees recommend end strength levels for military technicians (dual status) as set forth in the following table:

Service FY 2004

authorized 

FY 2005 Change from 

Request Conferee recommendation 

FY 2005

request 

FY 2004

authorized 

Army National Guard ............... 24,589 25,076 25,076 0 487

Army Reserve ........................... 6,949 7,299 7,299 0 350

Air National Guard .................. 22,806 22,956 22,956 0 150

Air Force Reserve .................... 9,991 9,954 9,954 0 ¥37

DoD Total ................... 64,335 65,285 65,285 0 950

Fiscal year 2005 limitation on number of non-dual status technicians (sec. 414) 

The House bill contained a provision (sec. 414) that would establish the maximum end strengths for the Reserve components of 

the Army and Air Force for non-dual status technicians as of September 30, 2005. 

The Senate amendment contained an identical provision (sec. 

414). 

The conference agreement includes this provision. 

Maximum number of Reserve personnel authorized to be on active 

duty for operational support (sec. 415) 

The House bill contained a provision (sec. 403) that would authorize the maximum number of Reserve component personnel who 

may be on active duty or full-time National Guard duty under section 115(b) of title 10, United States Code, during fiscal year 2005 

to provide operational support. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

The conferees recommend maximum levels by service for Reserve component personnel on full-time, active duty who are providing operational support as set forth in the following table:

Service 

FY 2005 conference recommendation 

Army National Guard .......................................................................................................................................... 10,300 

Army Reserve ...................................................................................................................................................... 5,000 

Naval Reserve ..................................................................................................................................................... 6,200 

Marine Corps Reserve ........................................................................................................................................ 2,500 

Air National Guard ............................................................................................................................................. 10,100 

Air Force Reserve ................................................................................................................................................ 3,600

DoD Total .............................................................................................................................................. 37,700

661

Accounting and management of Reserve component personnel performing active duty or full-time National Guard duty for operational support (sec. 416) 

The House bill contained a provision (sec. 404) that would establish the requirement for an annual congressional authorization 

of the maximum number of Reserve component personnel to be on 

active duty or full-time National Guard duty providing operational 

support. This provision would eliminate the current 180-day 

strength accounting metric that requires all reservists on active 

duty beyond that limit to count against Active component end 

strengths. In its place, the section would authorize Reserve component members who are voluntarily on active duty for up to three 

years, or a cumulative three years over a four-year period, to not 

be counted against Active component end strengths. The section 

would also exempt Reserve component personnel, authorized by 

this section, from certain officer and enlisted grade limits. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Subtitle C—Authorization of Appropriations 

Military personnel (sec. 421) 

The House bill contained a provision (sec. 421) that would authorize a total of $104,647.6 million for military personnel for the 

Department of Defense in fiscal year 2005. 

The Senate amendment contained a similar provision (sec. 421) 

that would authorize a total of $104,535.5 million for military personnel for the Department of Defense in fiscal year 2005. The Senate amendment also contained $57.5 million in military personnel 

reductions in other titles of the amendment that were not reflected 

in the total contained in section 421. Therefore, the net amount authorized to be appropriated to the Department by the Senate 

amendment was $104,478.0 millions. 

The House recedes with an amendment that would authorize 

$106,543.0 million for military personnel for the Department of Defense in fiscal year 2005, an increase of $1,731.4 million above the 

budget request. 

The conferees note that in addition to the amounts shown 

below, $1,250.0 million was made available in title XV of this act 

for the additional costs of military personnel associated with ongoing operations in Iraq and Afghanistan. The conferees provide the 

following itemization of the increases from the budget request related to the military personnel accounts:

[Additions in millions] 

Add AGR strength for WMD–CST teams ...................................................... $ 14.7 

Imminent Danger Pay ..................................................................................... 92.5 

Family Separation Allowance ......................................................................... 135.0 

Eliminate SBP—Social Security Offset (Accrual Payment) ......................... 439.0 

Enhanced Reserve Education Benefit (Accrual Payment) ........................... 222.0 

Additional military personnel costs ............................................................... 828.2

Total ....................................................................................................... 1,731.4

662

Armed Forces Retirement Home (sec. 422) 

The House bill contained a provision (sec. 422) that would authorize $61.2 million to be appropriated for the operation of the 

Armed Forces Retirement Home during fiscal year 2005. 

The Senate amendment contained an identical provision (sec. 

422). 

The conference agreement includes this provision.

(663)

TITLE V—MILITARY PERSONNEL POLICY 

ITEMS OF SPECIAL INTEREST

Space cadre 

The conferees appreciate the submission by the Secretary of 

Defense of the human capital resources strategy for space personnel, as required in section 547 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–87). The conferees 

note, however, that the strategy lacks a detailed implementation 

plan and direct the Secretary to develop such an implementation 

plan. The conferees further direct the Secretary of Defense to submit this plan and the Secretary of the Air Force to submit the detailed career planning guidance for the Air Force space cadre, consistent with direction in the Senate report accompanying S. 2400 

(S. Rept. 108–260). 

The conferees believe that a comprehensive view of the military space community must also consider competencies and skills 

embodied in academia and industry. These institutions have valuable tools, expertise, and a skill base that contribute to the military 

space community, as well as unique organizational cultures with 

which the military space cadre must interact. The conferees are 

concerned that the human capital resources strategy lacks breadth 

and depth with respect to the relationship of academia and industry to the development, education, and training of the space cadre. 

The conferees direct the Secretary of Defense to provide the 

Committees on Armed Services of the Senate and the House of 

Representatives an interim report by March 15, 2005, and a full report concurrent with the Department of Defense fiscal year 2007 

budget submission that: (1) assess the ability in academia, industry, and government to educate and train a community of space 

professionals, and (2) recommend corrective actions to address any 

shortfalls identified in these education and training activities. The 

reports should also address the definition and development of key 

competencies and skill levels in the areas of systems engineering, 

program management, financial management, operations and tactics, and any other areas deemed necessary by the Secretary of Defense as they relate to military space systems. 

Time for holding grade of general, admiral, lieutenant general, or 

vice admiral 

The conferees are aware of the legislative proposal affecting 

senior military officers in the grades of admiral, general, vice admiral, and lieutenant general. This proposal would give authority to 

the Secretary of Defense to exempt senior officers in these grades 

who are on terminal leave from counting against applicable grade 

limits and would enable senior military officers, after Senate confirmation and upon the assumption of the duties of a position of 

664

importance and responsibility under section 601 of title 10, United 

States Code, to be promoted. It would repeal the authority to 

‘‘frock’’ these officers, or allow them, in advance of their actual promotion to a higher grade, to wear the insignia of the higher rank 

of the position that they are assigned to. The conferees have long 

sought to limit the practice of frocking, but also have had concerns 

about continuing efforts by the Department to waive senior general 

and flag officer grade limits. The conferees believe this proposal 

would benefit from more time for consideration to better understand the implications of the changes in law contained in the informal legislative proposal. The conferees urge the Secretary of Defense to formally submit a legislative proposal for the conferees’ 

consideration during the next defense authorization budget request. 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Officer Personnel Policy 

Transition of active-duty list officer force to a force of all regular officers (sec. 501) 

The House bill contained a provision (sec. 511) that would authorize the Secretary of Defense to commission all new officer accessions as Regular officer and transition all officers on the activeduty list to regular status. The provision would implement the recommendation of the Defense Science Board Task Force on Human 

Resources Strategy that all new officers, regardless of their commissioning source, be given regular commissions in order to enhance professionalism, esprit de corps, and retention. 

The Senate amendment contained a similar provision (sec. 

511). 

The House recedes with an amendment that would repeal the 

requirement that a member serve the last six years in a Reserve 

component before being eligible for nonregular service retirement. 

Repeal of requirement that Deputy Chiefs and Assistant Chiefs of 

Naval Operations be selected from officers in the line of the 

Navy (sec. 502)

The House bill contained a provision (sec. 502) that would 

eliminate the requirement that officers serving in the positions of 

Deputy Chief of Naval Operations and Assistant Chief of Naval Operations be line officers. This provision would expand the pool of officers who may be considered for assignment in these highly responsible positions within the Office of the Chief of Naval Operations, to include officers of the Navy staff corps. 

The Senate amendment contained an identical provision (sec. 

512). 

The conference agreement includes this provision. 

Limitation on number of officers frocked to major general and rear 

admiral (sec. 503) 

The Senate amendment contained a provision (sec. 514) that 

would provide that the total number of brigadier generals and rear 

admirals (lower half) on the active-duty list who are authorized to 

665

be frocked to the grade of major general or rear admiral (upper 

half) may not exceed 30. 

The House bill contained no similar provision. 

The House recedes. 

Distribution in grade of Marine Corps Reserve officers in an active 

status in grades below brigadier general (sec. 504) 

The House bill contained a provision (sec. 513) that would correct a technical discrepancy in the existing grade table for the Marine Corps Reserve that could unnecessarily limit the overall numbers of Marine Corps Reserve officers in an active status under section 12005 of title 10, United States Code. 

The Senate amendment contained a similar provision (sec. 

415). 

The Senate recedes. 

Authority for Federal recognition of National Guard commissioned 

officers appointed from former Coast Guard personnel (sec. 505) 

The House bill contained a provision (sec. 588) that would 

make current and former officers and enlisted members of the U.S. 

Coast Guard, as well as graduates of the U.S. Coast Guard Academy, eligible for federal recognition after becoming commissioned 

officers of the National Guard. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Study regarding promotion eligibility of retired officers recalled to 

active duty (sec. 506) 

The Senate amendment contained a provision (sec. 515) that 

would require the Secretary of Defense to carry out a study to determine whether it would be equitable for retired warrant officers 

on active duty, but not on the active-duty list by reason of section 

582(2) of title 10, United States Code, to be eligible for consideration for promotion under section 573 of such title. The Secretary 

would be required to submit a report on the results of the study 

not later than 180 days after the date of enactment of this Act. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that would extend the scope of the study to include all retired officers. 

Succession for office of Chief, National Guard Bureau (sec. 507) 

The House bill contained a provision (sec. 507) that would establish a chain of succession when there is a vacancy in the Office 

of the Chief of the National Guard Bureau or in the event that the 

Chief is unable to perform the duties of the office. In such cases, 

the more senior officer of either the Army National Guard or of the 

Air National Guard on duty with the National Guard Bureau 

would assume responsibility as the Acting Chief. 

The Senate amendment contained a similar provision (sec. 

903). 

The Senate recedes with a technical amendment. 

666

Redesignation of Vice Chief of the National Guard Bureau as Director of the Joint Staff of the National Guard Bureau (sec. 508) 

The House bill contained a provision (sec. 508) that would 

change the title of the Vice Chief of the National Guard Bureau to 

the Director of the Joint Staff of the National Guard Bureau. 

The Senate amendment contained a similar provision (sec. 

904). 

The House recedes with a technical amendment. 

Subtitle B—Reserve Component Policy Matters 

Modification of stated purpose of the Reserve components (sec. 511) 

The House bill contained a provision (sec. 521) that would clarify the purpose of the Reserve components. By eliminating statutory reference to planned mobilizations, the provision would more 

accurately reflect the operational mission, responsibilities, and contributions of National Guard and Reserve members and the manner in which Reserve forces will be employed in the future. 

The Senate amendment contained a similar provision (sec. 

901). 

The Senate recedes with a technical amendment. 

Homeland defense activities conducted by the National Guard 

under authority of title 32 (sec. 512) 

The House bill contained a provision (sec. 529) that would 

amend title 32, United States Code, to authorize the Secretary of 

Defense to provide funds to the governor of a State to employ National Guard units and personnel to conduct operational activities 

that the Secretary determines to be in the national interest. This 

provision would also establish a process by which the governor of 

a State may request funding from the Secretary for the operational 

activities of that State’s National Guard. 

The Senate amendment contained a similar provision (sec. 

906). 

The Senate recedes with an amendment that would authorize 

the Secretary to provide funds to a governor of a State to employ 

National Guard units or members to conduct homeland defense activities. Homeland defense activities include those undertaken for 

the military protection of the territory or domestic population of 

the United States, or of infrastructure or other assets of the United 

States determined by the Secretary as being critical to national security, from a threat or aggression against the United States. National Guard personnel could perform homeland defense activities 

under this provision for up to 180 days, which could be extended 

for an additional 90 days to meet extraordinary circumstances. 

Commission on the National Guard and Reserves (sec. 513) 

The Senate amendment contained a provision (sec. 902) that 

would establish a Commission on the National Guard and Reserves. The commission would study the roles and missions of the 

National Guard and Reserve and the compensation and other benefits that are provided to members of the Reserve components. 

Among the issues the commission would be required to assess are 

the following: (1) the current and future roles and missions of the 

667

Reserve components; (2) the capabilities of the Reserve components 

and the manner in which the Reserve components may be best 

used to support the military operations of the Armed Forces and 

the achievement of national security objectives, including homeland 

defense; (3) the current and future organization and structure of 

the National Guard and Reserve; (4) the organization and funding 

of training for the Reserve; and (5) options for improving compensation and benefits. The provision would also require the establishment of an independent review board in 2006, following the termination of the commission, to annually review the roles and missions of the Reserve components and the compensation and other 

benefits provided for members of the Reserve components. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require an 

annual review by the Secretary of Defense of the roles and missions of the Reserve components and the compensation and benefits 

provided for members of the Reserve components beginning in fiscal year 2006. 

Repeal of exclusion of active duty for training from authority to 

order Reserves to active duty (sec. 514) 

The House bill contained a provision (sec. 522) that would authorize units and members of the Reserve components to be involuntarily mobilized for the purpose of training. This would provide 

the Department of Defense with improved access to Reserve component personnel during war or national emergency for the purpose 

of individual or collective skill training required to meet deployment standards and timelines for emergent missions or contingencies. The provision would also require that the time spent in 

such training be counted against the mobilization timelines that 

are established in law. 

The Senate amendment contained a similar provision (sec. 

521). 

The House recedes with a technical amendment. 

Army program for assignment of Active component advisers to units 

of the Selected Reserve (sec. 515) 

The House bill contained a provision (sec. 530) that would reduce from 5,000 to 3,500 the minimum number of Army Active 

component advisers that are required to be assigned to support the 

training and readiness of Selected Reserve units of the Army. This 

provision would prohibit the Secretary of the Army from making 

any reductions in the numbers of Active component advisers until 

the Secretary reports, as required by March 31, 2005, to the Committees on Armed Services of the Senate and the House of Representatives on the support by the Active component of the Army 

for training and readiness of the Army National Guard and Army 

Reserve. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Authority to accept certain voluntary services (sec. 516) 

The House bill contained a provision (sec. 1078) that would authorize the secretaries concerned to accept voluntary services to 

668

support programs of the National Committee for Employer Support 

of the Guard and Reserve as authorized by the Secretary of Defense. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Authority to redesignate the Naval Reserve as the Navy Reserve (sec. 

517) 

The Senate amendment contained a provision (sec. 905) that 

would authorize the Secretary of the Navy, with the approval of the 

President, to redesignate the Naval Reserve as the ‘‘Navy Reserve’’ 

effective 180 days after the date on which the Secretary submits 

recommended legislation. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Comptroller General assessment of integration of Active and Reserve 

components of the Navy (sec. 518) 

The House bill contained a provision (sec. 528) that would require the Comptroller General to review the Navy’s implementation 

plans for the integration of the service’s Active and Reserve components. This provision would require the Comptroller General to 

submit a report on the results of that assessment to the Committees on Armed Services of the Senate and the House of Representatives by March 31, 2005. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that eliminates the 

provision that would prohibit appropriated funds being made available for the decommissioning of any Naval Reserve or Marine 

Corps Reserve aviation squadrons until the report required by this 

section is completed. 

Limitation on number of STARBASE academies in a State (sec. 

519) 

The House bill contained a provision (sec. 527) that would authorize the Secretary of Defense to support the establishment of 

more than two STARBASE academies in a State under criteria to 

be established by the Secretary. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment that would 

provide that waivers granted by the Secretary for the establishment and operation of additional STARBASE academies in a State 

should be based on the availability of appropriated funds for that 

purpose. 

The conferees believe that limiting the number of STARBASE 

academies eligible for Department of Defense financial support to 

two per State could lead to inequities, particularly in states with 

several military installations located in separate communities. The 

conferees urge the Secretary to develop criteria for waivers that 

will appropriately balance increased program costs associated with 

establishment and operation of additional STARBASE academies 

with anticipated measurable gains in realizing the mission of the 

program. 

669

Recognition items for certain Reserve component personnel (sec. 520) 

The conferees agree to include a provision that would authorize 

the use of official funds by the Army National Guard, Air National 

Guard, and Army Reserve in order to recognize and retain Guardsmen and Reservists, family members, and other individuals who 

have served and supported members of the National Guard and 

Army Reserve. The provision would permit procurement of recognition items of nominal or modest value such as coins, medals, trophies, flags, posters, or other similar items that are valued at less 

than $50 per item. The authorization would be effective as of November 24, 2003, and would expire on December 31, 2005. 

Subtitle C—Reserve Component Personnel Matters 

Status under disability retirement system for Reserve members released from active duty due to inability to perform within 30 

days of call to active duty (sec. 521) 

The House bill contained a provision (sec. 523) that would clarify that mobilized Reserve members who, within 30 days of being 

called to active duty, are unable to serve the full period for which 

they were mobilized due to pre-existing medical conditions, which 

were not aggravated while on active duty, may be separated. Such 

members would be considered as serving under an order to active 

duty for a period of 30 days or less. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Requirement for retention of Reserves on active duty to qualify for 

retired pay not applicable to nonregular service retirement system (sec. 522) 

The House bill contained a provision (sec. 512) that would clarify that section 12686 of title 10, United States Code, does not require that reservists serving on active duty with over 18 years of 

reserve service be retained on active duty for the purpose of qualifying the member for reserve retirement. 

The Senate amendment contained a similar provision (sec. 

522). 

The Senate recedes with a technical amendment. 

Federal civil service military leave for Reserve and National Guard 

civilian technicians (sec. 523) 

The House bill contained a provision (sec. 524) that would 

eliminate the restriction on the use of military leave specified in 

section 6323 of title 5, United States Code, during a war or national emergency declared by the President, for Reserve and National Guard civilian technicians who are federal employees. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Expanded educational assistance authority for officers commissioned through ROTC program at military junior colleges (sec. 

524) 

The House bill contained a provision (sec. 525(a), (b), and (d)), 

that would allow commissioned officers who graduate from military 

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junior colleges to receive additional financial assistance to complete 

their baccalaureate degree requirements. Individuals who participate in this program would be attached to a Senior Reserve Officers’ Training Corps unit to ensure that they maintain their military training, bearing, and education as they complete their postsecondary education. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Repeal of sunset provision for financial assistance program for students not eligible for advanced training (sec. 525) 

The House bill contained a provision (sec. 525(c)) that would 

repeal section 2103a(d) of title 10, United States Code. This section 

provided that after December 31, 2006 contracts by members of the 

Senior Reserve Officers’ Training Corps program, under the authority of section 2103a, could no longer be entered into force. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Effect of appointment or commission as officer on eligibility for selected Reserve education loan repayment program for enlisted 

members (sec. 526) 

The House bill contained a provision (sec. 526) that would authorize the Secretary of Defense to continue to repay educational 

loans for enlisted members in a Reserve component after they are 

commissioned as officers, if the members continue to serve the period specified in the original loan repayment agreement. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Educational assistance for certain Reserve component members who 

perform active service (sec. 527) 

The conferees agree to include a provision that would authorize 

a new educational assistance benefit for members of the reserve 

components who have been ordered to active service in support of 

a contingency operation or in response to a war or national emergency. The provision would be effective on or after September 11, 

2001, and would authorize: (1) payment of 40 percent of the 

amount of basic educational assistance provided under section 3015 

of title 38 for a member whose entitlement is based on completion 

of an obligated period of active duty of three years for reservists 

who perform active service for a period of 90 days to one year; (2) 

payment of 60 percent of the amount of basic educational assistance in the case of a member who performed active service for one 

continuous year but less than two continuous years; and (3) payment of 80 percent of the amount of basic educational assistance 

for those members who serve for two continuous years or more. The 

maximum number of months of educational assistance that would 

be permitted under this provision would be 36, or the equivalent 

thereof in part-time educational assistance. Eligible reservists 

would remain entitled to educational assistance under this provision while serving in the Selected Reserve, in the case of members 

who were ordered to active duty while serving in the Selected Reserve, or in the Ready Reserve, in the case of a member who was 

671

ordered to active duty while serving in the Ready Reserve other 

than the Selected Reserve. 

Sense of Congress on guidance concerning treatment of employerprovided compensation and other benefits voluntarily provided 

to employees who are activated reservists (sec. 528) 

The Senate amendment contained a provision (sec. 1075) that 

would express the sense of the Senate that the Internal Revenue 

Service should provide guidance consistent with the goal of promoting and ensuring the validity of differential pay arrangements, 

benefits payments, and contributions to retirement savings plans 

made by employers of reservists who have been called to active 

duty. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

The conferees note that employers of reservists called up for 

active duty are required under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to treat 

their reservist-employees as if they are on a leave of absence or furlough and are not required to pay their salaries. Many patriotic 

employers, however, have paid their reservist-employees who have 

been mobilized the difference between their military pay and their 

civilian salaries, and have allowed deductions from these differential payments for contributions to employer-provided retirement 

savings plans. The conferees believe that insufficient guidance exists for the tax status of these payments for both reservist-employees and employers under existing Internal Revenue Service regulations and that additional guidance should be provided. 

Subtitle D—Joint Officer Management and Professional Military 

Education 

Strategic plan to link joint officer development to overall missions 

and goals of Department of Defense (sec. 531) 

The House bill contained a provision (sec. 531) that would require the Secretary of Defense, with the advice of the Chairman of 

the Joint Chiefs of Staff, to develop a strategic plan for joint officer 

management and joint professional military education. This strategic plan would link future requirements for Active and Reserve 

military personnel, who are trained and educated in joint matters, 

to the resources required to develop those persons in terms of manpower, formal education, practical experience, and other requirements. Additionally, the strategic plan would identify the methods 

the Secretary would use to fulfill those requirements. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that, among other 

data elements, would call for assessment of emerging issues related 

to joint officer management, including problems stemming from 

linkage of qualification as a joint specialty officer to eligibility for 

promotion, expected rates of promotion, and prescribed tour 

lengths. 

672

Improvement to professional military education in the Department 

of Defense (sec. 532) 

The House bill contained a provision (sec. 541) that would establish a new chapter 107 in title 10, United States Code, consisting of eight new sections that would consolidate sections of law 

related to joint professional military education. The provision 

would define the term ‘‘joint professional military education,’’ as 

well as ‘‘intermediate’’ and ‘‘senior level’’ schools. It would require 

the secretaries of the military departments to use a written examination as a portion of the evaluation criteria in selecting officers 

for full-time attendance at intermediate level service schools and 

would require phasing of joint professional military education and 

student to faculty ratios. The provision would also require that the 

length of the principal course of instruction at the Joint Forces 

Staff College could not be less than 10 weeks. 

The Senate amendment contained a provision (sec. 505) that 

would repeal the minimum period requirement for phase II joint 

professional military education in section 663 of title 10, United 

States Code. 

The Senate recedes with an amendment that would reduce and 

consolidate the number of subjects that joint professional military 

education must include. The amendment would specify that the 

Chairman of the Joint Chiefs of Staff will advise and assist the 

Secretary of Defense in designating and certifying certain courses 

of instruction and would delete the requirement for a written examination as a portion of the evaluation criteria in selecting officers for full-time attendance at intermediate level service schools. 

Although the conferees did not establish a statutory minimum 

length for the duration of the principal course of instruction offered 

at the primary resident campus of each intermediate level service 

school and each senior level service school, the conferees believe 

that such courses should consist of not less than 10 months of resident instruction, except in times of war or national emergency. The 

conferees will continue to review this matter with each of the military services as changes and modifications to such courses are proposed. 

Joint requirements for promotion to flag or general officer grade 

(sec. 533) 

The House bill contained a provision (sec. 532) that would extend from September 30, 2007 to September 30, 2008, the date 

after which an officer must be selected for the joint specialty before 

promotion to the grade of brigadier general or rear admiral (lower 

half). The provision would also eliminate the requirement that an 

officer serve in a joint assignment at least 180 days prior to the 

convening of a promotion board for selection to the grade of brigadier general or rear admiral (lower half). 

The Senate amendment contained a provision (sec. 501) that 

would also eliminate the requirement for 180 days of service in a 

joint duty assignment before an officer may be considered for promotion to flag or general officer rank. 

The Senate recedes. 

673

Clarification of tours of duty qualifying as a joint duty assignment 

(sec. 534) 

The House bill contained a provision (sec. 533) that would 

modify the definition of the term ‘‘tour of duty’’ in section 668(c) of 

title 10, United States Code, to allow officers to continue accumulating joint credit if they serve consecutive joint duty assignments, 

even if those assignments are not within the same organization. 

The Senate amendment contained a similar provision (sec. 

506). 

The Senate recedes with an amendment that would insert the 

term ‘‘joint duty assignment list’’ in section 668 of title 10, United 

States Code. 

Two-year extension of temporary standard for promotion policy objectives for joint officers (sec. 535) 

The Senate amendment contained a provision (sec. 503) that 

would require the military departments to ensure that an adequate 

number of officers are eligible for promotion to brigadier general 

and rear admiral (lower half) to meet joint qualification requirements under section 619a of title 10, United States Code. The provision would also make permanent the temporary authority regarding promotion comparison standards for joint specialty officers 

under section 662 of title 10, United States Code. 

The House bill contained no similar provision. 

The House recedes with an amendment that would extend the 

temporary authority regarding promotion comparison standards for 

officers with the joint specialty under section 662 of title 10, United 

States Code, until December 27, 2006. 

Two-year extension of authority to waive requirement that Reserve 

Chiefs and National Guard Directors have significant joint 

duty experience (sec. 536) 

The House bill contained a provision (sec. 509) that would extend for two years, until December 31, 2006, the authority of the 

Secretary of Defense to waive the requirement that the chiefs of 

the Reserves and the directors of the Army and Air National Guard 

must have significant joint duty experience to be eligible for appointment. The provision would also require that the Secretary develop a plan to ensure that officers selected after December 31, 

2006, to be the chiefs of the Reserves and the directors of the Army 

and Air National Guard, have significant joint duty experience in 

order to ensure a concerted effort to develop a system to eliminate 

the need for this waiver. 

The Senate amendment contained a provision (sec. 513) that 

would extend the Secretary’s waiver authority for one year.

The Senate recedes. 

Subtitle E—Military Service Academies 

Revision to conditions on service of officers as service academy superintendents (sec. 541) 

The House bill contained a provision (sec. 557) that would repeal the requirement that the superintendents of the military service academies retire upon completion of their assignments. The proVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00699 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
674

vision would also require that an officer serve at least a three-year 

tour of duty as superintendent, and that if the officer is re-assigned 

before that period elapses, the secretary of the military department 

concerned must notify the Committees on Armed Services of the 

Senate and the House of Representatives of the reasons for the reassignment. 

The Senate amendment contained a provision (sec. 535) that 

would repeal the requirement under sections 8921 and 9333a of 

title 10, U.S. Code, that the Superintendent of the U.S. Air Force 

Academy retire upon termination of his or her assignment. 

The Senate recedes with an amendment that would retain the 

requirement that the superintendents retire upon completion of 

their tours of duty. It would, however, authorize the Secretary of 

Defense to waive this requirement for good cause, and would require written notification to Congress of the President’s intent to 

nominate a superintendent of a service academy for re-assignment. 

Academic qualifications of the Dean of the Faculty of United States 

Air Force Academy (sec. 542) 

The House bill contained a provision (sec. 559) that would require that a person selected to be the Dean of the Faculty at the 

U.S. Air Force Academy, who is not an officer on active duty, must 

be either a retired or former officer of the Armed Forces. Furthermore, the provision would prohibit the appointment or assignment 

of a person to be the Dean unless that person holds the highest 

academic degree in their academic field. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would delete the 

requirement that the Dean of the Faculty at the U.S. Air Force 

Academy must be either a retired or former officer of the Armed 

Forces. 

Board of Visitors of United States Air Force Academy (sec. 543) 

The House bill contained a provision (sec. 560A) that would 

modify section 9355 of title 10, United States Code, to change the 

composition of the Board of Visitors of the U.S. Air Force Academy. 

The provision would also prescribe: (1) procedures for when a member of the Board dies, resigns, or is absent from meetings; (2) four 

meetings of the Board and reports to Congress each year; and (3) 

candid and complete disclosure by the Secretary of the Air Force 

and the Superintendent of the Air Force Academy of all institutional problems. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would retain the 

current criteria in section 9355 of title 10, United States Code, for 

designation of U.S. Senators to serve on the Board of Visitors. The 

amendment would also modify the conditions for termination of 

board members who are members of Congress, assigning discretion 

to designating authorities to take appropriate action if Board of 

Visitors meetings are unattended without good cause. The amendment would further require semiannual reports from the Board of 

Visitors to Congress. 

675

Appropriated funds for service academy athletic and recreational extracurricular programs to be treated in same manner as for 

military morale, welfare, and recreation programs (sec. 544) 

The Senate amendment contained a provision (sec. 1005) that 

would authorize the service academies to treat funds appropriated 

for morale, welfare, and recreation athletics and extracurricular 

programs as non-appropriated funds in order to achieve uniform 

funding and management of those funds. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Codification of prohibition on imposition of certain charges and fees 

at the service academies (sec. 545) 

The House bill contained a provision (sec. 558) that would codify section 553 of the National Defense Authorization Act for Fiscal 

Year 1995 (Public Law 103–337). This provision would prohibit the 

imposition of charges or fees for tuition, room, or board for attendance by cadets and midshipmen at the service academies. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Subtitle F—Other Education and Training Matters 

College First delayed enlistment program (sec. 551) 

The House bill contained a provision (sec. 551) that would permanently authorize the Army College First Pilot Program, and extend the authority to implement the program to the other service 

secretaries. 

The Senate amendment contained a provision (sec. 531) that 

would extend for one year the duration of the Army’s College First 

Pilot Program. 

The Senate recedes with a technical amendment. 

Senior Reserve Officer Training Corps and recruiter access at institutions of higher education (sec. 552) 

The House bill contained a provision (sec. 596) that would: (1) 

require that military recruiters be given access to campuses and 

students at institutions of higher education that is at least equal 

in quality and scope to the access provided to any other employer; 

(2) require the Secretary of Defense to obtain an annual 

verification from colleges and universities which already support 

the Senior Reserve Officers’ Training Corps (ROTC) program that 

they will continue to do so in the upcoming academic year; (3) 

specify that federal funding that is provided to an institution of 

higher education, or to an individual, to be available solely for student financial assistance is exempt from the stricture of section 983 

of title 10, United States Code; and (4) add additional defense-related funding sources to include: the Department of Homeland Security, the Central Intelligence Agency, and the National Nuclear 

Security Administration of the Department of Energy, and would 

restore the funds of the Department of Transportation to the list 

of covered funds that potentially could be terminated if an institution is determined to prevent recruiter access or maintains antiROTC policies. 

676

The Senate amendment contained two provisions (sec. 532 and 

533) that would require colleges and universities to give equal 

treatment to military recruiters, and specify that federal funding 

for student financial assistance may be used for the purpose for 

which the funding is provided. 

The Senate recedes with an amendment that would delete the 

requirement for the Secretary to obtain an annual verification from 

colleges and universities that they would continue to support Senior ROTC. 

Tuition assistance for officers (sec. 553) 

The House bill contained a provision (sec. 514) that would authorize the secretaries of the military departments to waive for Reserve component officers the two-year Active-Duty service obligation required as a condition for receipt of tuition assistance while 

on active duty. The provision would also allow an increase in tuition assistance authorized for Army officers in the Selected Reserve. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Increased maximum period for leave of absence for pursuit of a program of education in a health care profession (sec. 554) 

The House bill contained a provision (sec. 554) that extends 

from two to three years the educational leave of absence authorized 

for members of the Armed Forces in section 708 of title 10, United 

States Code. 

The Senate amendment contained a provision (sec. 651) that 

would extend from two to three years the period of time that a 

military member may take educational leave of absence for a 

health profession education program. 

The House recedes. 

Eligibility of cadets and midshipmen for medical and dental care 

and disability benefits (sec. 555) 

The House bill contained a provision (sec. 555) that would provide the capability to effectively respond to injuries and illness sustained during accession training by cadets and midshipmen. The 

provision would authorize service academy cadets and midshipmen 

to be eligible for disability evaluation and retirement under chapter 

61 of title 10, United States Code, and cadets and midshipmen participating in the Senior Reserve Officers’ Training Corps (ROTC) to 

be eligible for medical and dental care for injuries and illness sustained in the line of duty and not due to gross negligence or misconduct. 

The Senate amendment contained a similar provision (sec. 

717). 

The House recedes with a technical amendment. 

The conferees were greatly assisted by the Department of Defense’s report on health and disability benefits for pre-accession 

training and education programs required by section 546 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 

107–107). This report proved essential in gaining an understanding 

of the origins of current law and the steps that are needed to be 

677

taken to ensure equitable treatment of cadets and midshipmen and 

their families. 

The conferees urge the Department to continue to identify 

ways to improve the treatment of Senior ROTC cadets and midshipmen who have experienced illness or injury and whose continued participation in ROTC is jeopardized as a result. The conferees, 

for example, are aware that under current service regulations cadets in Army ROTC and midshipmen in Naval ROTC who become 

ill or who are injured through no fault of their own are involuntarily being placed on ‘‘leave of absence’’ and denied scholarship 

payments and monthly stipends, even when it is apparent that 

these cadets and midshipmen will recover fully and they continue 

to attend classes and participate fully in ROTC activities. The conferees urge the Department and the services to act expeditiously, 

but no later than April 1, 2005, to revise Departmental regulations 

to achieve uniformity among the services in responding to medical 

conditions to avoid unnecessary hardships on ROTC cadets, midshipmen, and their families. 

Transfer of authority to confer degrees upon graduates of the Community College of the Air Force (sec. 556) 

The House bill contained a provision (sec. 552) that would authorize the Commander of the Air University to confer associate 

level academic degrees on graduates of the Community College of 

the Air Force. This change would align the Community College 

with all other Air University programs by ensuring that only the 

Commander of the Air University is responsible for conferring degrees. 

The Senate amendment contained a similar provision (sec. 

534). 

The House recedes with a technical amendment. 

Change in titles of leadership positions at the Naval Postgraduate 

School (sec. 557) 

The House bill contained a provision (sec. 553) that would 

change the title of the Superintendent of the Naval Postgraduate 

School from Superintendent to President. This provision would also 

establish a new civilian position of Provost and Academic Dean, 

and revise the procedures to fill this position. 

The Senate amendment contained a similar provision (sec. 

913). 

The House recedes with a technical amendment. 

Subtitle G—Assistance to Local Educational Agencies for Defense 

Dependents’ Education 

Continuation of impact aid assistance on behalf of dependents of 

certain members despite change in status of member (sec. 558) 

The House bill contained a provision (sec. 590) that would temporarily adjust the process for computing the amount of funding 

provided by the Department of Education to certain local educational agencies heavily impacted by dependents of military personnel. The adjustment, limited to school year 2004–2005, would 

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678

rolled in school when computing the average daily attendance. 

Such children include those who attend the school but no longer 

live on a military base because both parents are deployed, or are 

children who temporarily reside in military base housing following 

the death of a military parent on active duty. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Assistance to local educational agencies that benefit dependents of 

members of the Armed Forces and Department of Defense civilian employees (sec. 559) 

The House bill contained a provision (sec. 595) that would provide $50.0 million in Operation and Maintenance, Defense-wide activities, for assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 

The Senate amendment contained a similar provision (sec. 351) 

that would authorize $30.0 million for assistance to local educational agencies. 

The House recedes. 

Impact aid for children with severe disabilities (sec. 560) 

The Senate amendment contained a provision (sec. 352) that would authorize $5.0 million in Operation and Maintenance, Defense-wide, for impact aid payments for children with disabilities 

under section 8003(d) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7703(d)), using the formula set forth in section 363 of the Floyd D. Spence National Defense Authorization Act 

for Fiscal Year 2001 (Public Law 106–398), for continuation of the 

Department of Defense’s assistance program to local educational 

agencies that benefit dependents with severe disabilities. 

The House bill contained no similar provision. 

The House recedes. 

Subtitle H—Medals and Decorations and Special Promotions and 

Appointments 

Award of medal of honor to individual interred in the Tomb of the 

Unknowns as representative of casualties of a war (sec. 561) 

The Senate amendment contained a provision (sec. 541) that 

would clarify that the posthumous award of a medal of honor to the 

deceased member of the Armed Forces who is interred in the Tomb 

of the Unknowns at Arlington National Cemetery is awarded to 

that member as a representative of the unknown members of the 

Armed Forces who died in such war or other armed conflict, and 

not to the individual personally. 

The House bill contained no similar provision. 

The House recedes. 

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 (sec. 562)

The House bill contained a provision (sec. 565) that would revise the criteria and eligibility requirements for award of the comVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00704 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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bat infantry badge and combat medical badge to Army personnel 

for service in the Republic of Korea after July 28, 1953. 

The Senate amendment contained a provision (sec. 543) that 

would require the Secretary of the Army to submit a plan not later 

than 90 days after the date of enactment of this Act for the revision 

of the criteria and eligibility requirements for these badges for 

service in Korea. 

The House recedes. 

The conferees note that the mutual purpose of the House and 

Senate provisions is to ensure modification of the eligibility requirements, which over time have become inequitable for soldiers 

who are serving or have served in Korea. The Commander, U.S. 

Forces Korea, has expressed his support for this initiative. The conferees expect the Secretary to promptly and equitably revise the 

criteria for the award of the combat infantryman and combat medical badges, and act upon applications from veterans of Korea service who qualify for these awards. 

Authority to appoint Brigadier General Charles E. Yeager, United 

States Air Force (retired), to the grade of major general on the 

retired list (sec. 563) 

The House bill contained a provision (sec. 563) that would authorize the President, by and with the advice and consent of the 

Senate, to appoint Brigadier General Charles E. Yeager U.S. Air 

Force (retired), to the grade of major general on the retired list of 

the U.S. Air Force. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Posthumous commission of William Mitchell in the grade of major 

general in the Army (sec. 564) 

The House bill contained a provision (sec. 564) that would authorize the President, by and with the advice and consent of the 

Senate, to issue a posthumous commission in the grade of major 

general in the Army to William Mitchell, formerly a colonel in the 

U.S. Army. A commission issued under this authority would become effective as of the date of the death of William Mitchell on 

February 19, 1936. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Subtitle I—Military Voting 

Federal write-in ballots for absentee military voters located in the 

United States (sec. 566) 

The Senate amendment contained a provision (sec. 572) that 

would amend section 1973ff of title 42, United States Code, to authorize military voters and their dependents, who are stationed in 

the United States but absent from their home states, to use federal 

write-in absentee ballots. Operational requirements and the mobility of military personnel may prevent them from receiving stateprovided absentee ballots in the mail in time for an election. Allowing absentee military voters and their dependents to use the fedVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00705 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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eral write-in ballots, even while stationed in the United States, 

would serve to remedy these problems. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Repeal of requirement to conduct electronic voting demonstration 

project for the federal election to be held in November 2004 (sec. 

567) 

The House bill contained a provision (sec. 592) that would repeal the requirement in section 1604 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107) for the 

Secretary of Defense to conduct a demonstration project to permit 

absentee uniformed service voters to cast their ballots through an 

electronic voting system. 

The Senate amendment contained a provision (sec. 1065) that 

would authorize delay in carrying out an electronic voting demonstration project until November 2006. 

The House recedes with an amendment that would delay the 

electronic voting demonstration project until the first regularly 

scheduled general election for federal office that occurs after the 

Election Assistance Commission notifies the Secretary that the 

commission has established electronic absentee voting guidelines 

and certifies that the commission will assist the Secretary in carrying out the project. 

The conferees recognize the magnitude of the technical challenge associated with ensuring the security of electronic voting 

using the Internet. The Department of Defense’s Secure Electronic 

Registration and Voting Experiment (SERVE) was an important 

prototype for electronic voting that should not be abandoned. The 

conferees encourage the Secretary to provide funding to the Election Assistance Commission and the National Institute of Standards and Technology to advance electronic absentee voting by U.S. 

voters located overseas and Uniformed Services voters. 

Reports on operation of Federal Voting Assistance Program and 

military postal system (sec. 568)

The Senate amendment contained a provision (sec. 1026) that 

would require the Secretary of Defense to submit reports to Congress on: (1) the actions that the Secretary has taken to ensure 

that the Federal Voting Assistance Program functions effectively to 

support absentee voting; (2) the actions that the Secretary has 

taken to ensure that the military postal system functions effectively to support the morale of military members and their ability 

to vote by absentee ballot; and (3) the actions taken to implement 

the recommendations of the Military Postal Service Agency Task 

Force of August 28, 2000. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

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Subtitle J—Military Justice Matters 

Review on how sexual offenses are covered by Uniform Code of Military Justice (sec. 571) 

The House bill contained a provision (sec. 571) that would require the Secretary of Defense to review the Uniform Code of Military Justice and the Manual for Courts-Martial to determine what 

changes are required to improve the ability of the military justice 

system relating to sexual assault, and to conform the Code and the 

Manual more closely to other federal laws and regulations that address such issues. The Secretary is to report on the review to the 

Committees on Armed Services of the Senate and the House of 

Representatives by March 1, 2005. The report is to include the Secretary’s recommendations for revisions to the Code. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

The conferees understand that the Department of Defense is 

already undertaking such a review. The conferees expect that the 

Department’s legislative proposal for fiscal year 2006 will include 

any suggestions for revisions in the Code provisions dealing with 

sexual assault that are determined to be desirable. 

Waiver of recoupment of time lost for confinement in connection 

with a trial (sec. 572) 

The Senate amendment contained a provision (sec. 552) that 

would amend section 972 of title 10, United States Code, to require 

the Secretary concerned to waive time lost when a member is confined by military or civilian authorities for more than one day in 

connection with a trial, if the charge is thereafter dismissed, the 

trial results in an acquittal, a conviction is thereafter set aside 

(other than for clemency), or a judgment of acquittal or dismissal 

is entered upon a reversal of the conviction of on appeal. 

The House bill contained a similar provision. 

The House recedes. 

Processing of forensic evidence collection kits and acquisition of sufficient stocks of such kits (sec. 573) 

The House bill contained a provision (sec. 306) that would require the Secretary of Defense to take steps to eliminate the current backlog in the processing of forensic evidence collection kits, 

to shorten the time period between the use of such kits and their 

processing, and to ensure that there is an adequate supply of rape 

kits for all domestic and overseas U.S. military installations. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary to ensure that the United States Army Criminal Investigation Laboratory has the personnel and resources to effectively 

process forensic evidence used by the Department of Defense within 60 days of its receipt, and that military personnel are properly 

trained in the use of forensic evidence collection kits and in procedures to ensure protection of the chain of custody of the kits once 

used. 

682

Authorities of the Judge Advocates General (sec. 574) 

The Senate amendment contained a provision (sec. 915) that 

would amend the title 10, United States Code, provisions relating 

to the Judge Advocates General (TJAG) of the services and the 

General Counsels (GC) of the military departments to make the 

TJAGs the legal advisers of the service secretaries, the service 

chiefs and their staffs, and the offices and agencies of the military 

departments, provide for TJAG direction and supervision of judge 

advocates and of civilian attorneys outside the offices of the service 

general counsels, provide for the responsibilities of the TJAGs 

under the Uniform Code of Military Justice (UCMJ), provide for 

other duties as may be directed by the service secretaries, and provide that the TJAGs shall be appointed in the grade of lieutenant 

general or vice admiral, as appropriate. 

The House bill contained no similar provision. 

The House recedes with an amendment that would prohibit 

any officer or employee of the Department of Defense from interfering with the ability of the TJAGs to provide independent legal 

advice to their service secretaries and service chiefs, or of judge advocates assigned, attached, or performing duty with military units 

to provide such advice to commanders. The provision would also require the Secretary of Defense to appoint an independent panel to 

conduct a study of the relationships between the legal elements of 

each service and transmit the panel’s recommendations as to statutory, regulatory, and policy changes which it believes to be desirable, together with the Secretary’s comments, to the Committees on 

Armed Services by May 1, 2005. The conferees expect that this 

panel will be truly independent, expert, and disinterested. They 

will examine the panel’s findings and recommendations with care 

in the fiscal year 2006 authorization process. 

The conferees note that this is the second time in 12 years that 

attempts to consolidate legal services in the Department of Defense 

have led to congressional action. In 1992, the Deputy Secretary of 

Defense issued a memorandum that would have moved substantially in the direction of centralization under the General Counsel 

of the Department of Defense. In response, the Senate version of 

the National Defense Authorization Act for Fiscal Year 1993 contained a provision directing that the memorandum be rescinded. 

After the memorandum was rescinded, the provision was dropped 

in conference. 

In May 2003, the Secretary of the Air Force issued an order 

subordinating the Judge Advocate General to the General Counsel 

of the Department of the Air Force as her military deputy. The 

order also stated that the General Counsel had ‘‘full legal authority 

to . . . become involved in . . . any particular case or matter within the Department.’’ Thereafter the General Counsel issued a draft 

operating instruction in which she asserted the right to exercise 

legal oversight and review over virtually every legal issue arising 

in the Department of the Air Force, including the field of military 

justice which is statutorily reserved to the TJAGs. The Air Force 

situation, while the most aggravated, is not unique. 

Consistent with the legislative provision included in the conference report, the conferees direct the Secretary of the Air Force 

to rescind his order of May 15, 2003, ‘‘Functions and Duties of the 

683

General Counsel and the Judge Advocate General.’’ The conferees 

further direct the General Counsel of the Department of the Air 

Force to rescind all internal operating instructions and memoranda 

issued in reliance on the Secretary’s May 15, 2003, order. 

Subtitle K—Sexual Assault in the Armed Forces 

Examination of sexual assault in the Armed Forces by the defense 

task force established to examine sexual harassment and violence at the military service academies (sec. 576) 

The House bill contained a provision (sec. 593) that would require the Secretary of Defense to expand the mission of the Task 

Force on Sexual Harassment and Violence at the Military Service 

Academies that was established in the National Defense Authorization Act for Fiscal year 2004 (Public Law 108–136). Upon completion of its current work, the task force would be renamed the Defense Task Force on Sexual Assault in the Military Services and 

would be extended for at least l8 months. It would examine matters relating to sexual assault in the Armed Forces and would be 

required to report its findings and recommendations to the Secretary of Defense within 12 months of its initial meeting. The Secretary of Defense would be required to provide the report, together 

with an evaluation of it, to the Committees on Armed Services of 

the Senate and the House of Representatives, along with an assessment of the effectiveness of the corrective actions being taken by 

the Department of Defense and the military services as a result of 

various investigations and reviews into matters involving sexual 

assault. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment to expand the scope 

of the task force report to include: a report on the use of data relating to sexual assault by senior military and civilian leaders; development of measures of effectiveness for responding to victim needs 

by sexual assault programs; progress in developing means to investigate and prosecute assailants who are foreign nationals; the adequacy of Department resources supporting sexual assault prevention and victim advocacy programs, particularly for deployed units 

and personnel; training of military and civilian personnel responsible for implementation of sexual assault polices; and programs 

and policies, including those related to confidentiality, designed to 

encourage victims to seek services and report offenses. 

The Senate amendment also would authorize the Secretary to 

change the composition of the Defense Task Force on Sexual Assault in the Military Services as appropriate, but remaining consistent with the qualifications required by section 526(f) of Public 

Law 108–136, and not before the task force established to examine 

sexual harassment and violence at the service military academies 

has completed its statutorily mandated functions. 

The conferees intend to closely monitor the development and 

implementation of uniform policies and programs on sexual assault 

required elsewhere in this Act. Given the urgency of the need for 

effective action to prevent and resolve sexual assault offenses 

against military members, the conferees expect that the task force, 

re-designated as the Task Force on Sexual Assault in the Military 

684

Services, will provide an independent assessment of the effectiveness of policies and programs developed by the Department, as well 

as the success of the military services at all levels in achieving 

their implementation. 

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

Forces (sec. 577)

The House bill contained a provision (sec. 598) that would require the Department of Defense to promulgate a uniform Department of Defense policy for the prevention of and response to sexual 

assaults involving members of the Armed Forces, and would require service secretaries to prescribe regulations on policies and 

procedures to prevent and respond to sexual assaults involving 

members of the Armed Forces. The provision would also require 

the secretaries of the military departments to prescribe programs 

throughout each service designated for victim advocacy and intervention, both at home and in deployed locations, and provide an 

annual assessment of the implementation of sexual assault prevention policies and procedures during the preceeding year. Additionally, the provision would require the Secretary to develop a definition of sexual assault that is uniform for all the Armed Forces. The 

provision would require an annual report to Congress by the Secretary of Defense on the number of sexual assaults, rapes, and 

other sexual offenses involving military personnel; a synopsis of 

disciplinary action taken in substantiated cases; the policies and 

programs implemented by the Secretary to respond to sexual assault and violence against military members; and a plan for future 

actions to be taken. 

The Senate amendment contained a similar provision (sec. 

553). 

The Senate recedes with an amendment that would clarify reporting requirements by the Secretary and service secretaries, and 

would require a definition of sexual assault that is uniform for all 

the Armed Forces. 

Subtitle L—Management and Administrative Matters 

Three-year extension of limitation on reductions of personnel of 

agencies responsible for review and correction of military 

records (sec. 581) 

The House bill contained a provision (sec. 581) that would extend through September 30, 2008 the prohibition precluding the 

secretaries of the military departments from reducing the number 

of military and civilian personnel assigned to duty within the 

boards for correction of military records until 90 days after the secretary of the military department concerned submits a report to 

Congress that describes the proposed reduction, provides the rationale for the reduction, and specifies the number of personnel 

that will be assigned to the board after the reduction is complete. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

685

Staffing for Defense Prisoner of War/Missing Personnel Office 

(DPMO) (sec. 582) 

The House bill contained a provision (sec. 582) that would establish specific, permanent minimum levels of military and civilian 

personnel assigned to the Defense Prisoner of War/Missing Personnel Office (DPMO). The provision would require that the number of permanent positions and full-time Department of Defense 

personnel permanently assigned or detailed to the DPMO would 

not be less than 46 military members and 69 civilian employees of 

the Department. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would modify section 1501(a)(5) of title 10, United States Code, to provide that the 

number of military and civilian personnel, whether temporary or 

permanent, who are assigned or detailed to the DPMO may not be 

less than the number requested in the President’s budget for fiscal 

year 2003. The conferees note that the budget request for fiscal 

year 2003 provided for 46 military personnel and 69 civilian personnel and included a budget request for $16.0 million. 

The Senate amendment would also require a study by the Government Accountability Office in order to provide a comprehensive 

examination of trends in staffing and funding levels of the DPMO 

compared to mission requirements and the Comptroller General’s 

assessment of the adequacy of current manning and funding levels 

of the DPMO in light of current mission requirements. 

Permanent ID cards for retiree dependents age 75 and older (sec. 

583) 

The House bill contained a provision (sec. 583) that would require the service secretaries to issue permanent identification cards 

to dependents of military retirees and survivors of military retirees 

eligible for benefits for periods after the dependent or survivor attains age 75. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would establish 

the age for issuance of permanent military identification cards to 

dependents and survivors of military retirees at 75 years of age. 

Authority to provide civilian clothing to members traveling in connection with medical evacuation (sec. 584) 

The House bill contained a provision (sec. 584) that would authorize the secretaries of the military departments to furnish members, who have been medically evacuated, civilian clothing at a cost 

not to exceed $250 or to reimburse the member for the purchase 

of civilian clothing in an amount not to exceed $250. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of Defense to provide civilian clothing to members traveling in connection with medical evacuation. This authority is a 

continuation of the authority provided in section 1319 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 

108–11) and later in section 1103 of the Emergency Supplemental 

Appropriations Act for Defense and for the Reconstruction of Iraq 

and Afghanistan, 2004 (Public Law 108–106). 

686

Authority to accept donation of frequent traveler miles, credits, and 

tickets to facilitate rest and recuperation travel of deployed 

members of the Armed Forces and their families (sec. 585) 

The House bill contained a provision (sec. 585) that would authorize the Secretary of Defense to accept the donation of frequent 

traveler miles, credits, and tickets for the purpose of facilitating 

the travel of members of the Armed Forces who are deployed away 

from their permanent duty station and are granted leave, to include rest and recuperative leave, emergency leave, convalescent 

leave, or another form of leave authorized for the member, and for 

facilitating the travel of family members to be reunited with such 

a member. 

The Senate amendment contained a similar provision (sec. 653) 

that, in addition, would authorize the Secretary, in an exceptional 

case, to permit a person who is not a family member to use frequent traveler miles, credits, and tickets, if that person has a notably close relationship with the member. The Senate amendment 

also contained a provision that would authorize the Secretary to 

enter into an agreement with a nonprofit organization to assist in 

administering the collection, distribution, and use of donated frequent traveler miles, credits, and tickets. 

The House recedes with an amendment that would eliminate 

a requirement that the Secretary encourage air and surface carriers to participate in the donation of frequent traveler miles, credits, and tickets. The amendment would also amend section 134 of 

the Internal Revenue Code of l986 to exempt recipients of frequent 

traveler miles, credits, and tickets authorized in this Act from tax 

liability for receipt of such frequent traveler miles, credits, or tickets. 

Annual report identifying reasons for discharges from the Armed 

Forces during preceding fiscal year (sec. 586) 

The House bill contained a provision (sec. 587) that would require the Secretary of Defense to report annually to the Committees on Armed Services of the Senate and the House of Representatives detailed information regarding the numbers of persons discharged from each of the military services in the preceding fiscal 

year. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment that would 

authorize the use of generic interservice separation codes providing 

similar, consistent data across the services in this report, and that 

would terminate the authority for this report after 1 March 2011. 

Study of blended wing concept for the Air Force (sec. 587) 

The House bill contained a provision (sec. 589) that would require the Secretary of the Air Force to submit by March 1, 2005 

a report on matters related to the Air Force’s current implementation of and future plans for blended wings to the Committees on 

Armed Services of the Senate and the House of Representatives. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

In describing the manner in which current blended wings are 

functioning, the conferees request the Secretary of the Air Force to 

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comment on the efficacy of the provisions of section 516 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 

108–136). The Secretary should include recommendations for legislative changes, if needed, to ensure the ability of officers of the 

Army or Air National Guard, called to active duty for the purpose 

of commanding a unit composed of both active and Reserve component personnel, to successfully perform their duties. 

Sense of Congress regarding return of members to active-duty service upon rehabilitation from service-related injuries (sec. 588) 

The Senate amendment contained a provision (sec. 575) that 

would find that in cases involving combat-related injuries or other 

service-related injuries, it is possible, as a result of advances in 

technology and extensive rehabilitative services, to restore to members of the Armed Forces sustaining such injuries the capability to 

resume active military service, including, in a few cases, the capability to participate directly in the performance of combat missions. 

The provision would express the sense of the Senate that members of the Armed Forces who, on their own initiative, are highly 

motivated to return to active-duty service following rehabilitation 

from injuries incurred in service of the Armed Forces should, after 

appropriate medical review and physical disability evaluation, be 

given the opportunity to present their case for continuing service 

on active duty in varied military capacities. Additionally, the provision would express the sense of the Senate that there should be no 

barrier in policy or law to members having the option to return to 

military service on active duty, and that the Secretary of Defense 

should develop specific protocols that include options for such members to return to active-duty service and to be retrained to perform 

military missions for which they are fully capable. 

The House bill contained no similar provision. 

The House recedes with an amendment that would express a 

sense of Congress. 

Subtitle M—Other Matters 

Protection of Armed Forces personnel from retaliatory actions for 

communications made through the chain of command (sec. 591) 

The Senate amendment contained a provision (sec. 1069) that 

would amend section 1034 of title 10, United States Code, to allow 

a protected communication to be made to any person in the chain 

of command of a member of the Armed Forces making such a communication, as well as any other person or organization designated 

by regulations or other procedures for such communications. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Implementation plan for accession of persons with specialized skills 

(sec. 592) 

The Senate amendment contained a provision (sec. 571) that 

would authorize the service secretaries to establish an alternate 

minimum military service obligation for accession of persons into 

the Armed Forces who have unique skills. The provision would also 

authorize establishment of expedited basic training requirements 

688

for certain individuals in order to allow the Department of Defense 

to meet exigent mission requirements. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense, not later than 180 days after the date of enactment of this Act, to submit a plan for implementation of authority, if subsequently provided by law, to allow for accession into the 

Armed Forces of persons with specialized skills for duty involving 

the use of such skills. The Secretary would also be required to include a comparison of the plan submitted with an alternative plan 

of using civilian contractor personnel to meet the specialized skills 

required by the Armed Forces. 

The conferees believe that there may be a valid requirement 

for an alternate minimum military service obligation for certain individuals and for expedited basic training that would justify exceptions under sections 651 and 671 of title 10, United States Code. 

The Department has not sufficiently explained, however, the manner in which such new authorities would be used and the potential 

effects such exceptional treatment of new accessions could have on 

other special or lateral entry programs. The conferees expect the 

Department to use the report to address these concerns. 

The provision would also require the Secretary to conduct a 

feasibility study of how to implement a system that would make civilian volunteers, with skills determined by the Secretary to be 

critical, rapidly available for use in, or in support of, units of the 

Armed Forces on a temporary basis to meet no-notice or short-notice operational requirements. The requirement to conduct this feasibility study was included in the House bill (sec. 597) and is appropriately submitted in the context of better evaluating expedited, 

short-term manpower needs of the military services. 

The conferees suggest that coordinating the foregoing feasibility study with the separate report required elsewhere in this Act 

on acceptance of voluntary services under section 1588 of title 10, 

United States Code, could be useful. 

Enhanced screening methods and process improvements for recruitment of home schooled and National Guard Challenge program 

GED recipients (sec. 593) 

The House bill contained a provision (sec. 594) that would reestablish the pilot program under section 571 of the Strom Thurmond 

National Defense Authorization Act for Fiscal Year 1999 (Public 

Law 105–261). This pilot program permitted participants in a National Guard Challenge Program who received a general education 

development (GED) certificate, and those who completed their high 

school requirements through a home schooling program to enlist in 

the Armed Forces as if they had received a high school diploma. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of the Army to carry out an initiative aimed at developing screening methods and process improvements for recruiting 

specified GED recipients. The purpose would be to achieve attrition 

patterns among the recruited recipients of a GED that match those 

of Army recruits who are high school diploma graduates and, folVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00714 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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lowing review by the Secretary of Defense, to implement such 

screening methods and process improvements on a test basis. 

Redesignation of National Guard Challenge Program as National 

Guard Youth Challenge Program (sec. 594)

The Senate amendment contained a provision (sec. 573) that 

would change the name of the National Guard Challenge Program 

to the National Guard Youth Challenge Program. Additionally, the 

provision would phase in over three years an increase in the 

matching funds ratio to increase the amount of federal funds that 

may be provided to a State program. 

The House bill contained no similar provision. The House recedes with an amendment that would redesignate the National 

Guard Challenge Program as the National Guard Youth Challenge 

Program. 

The conferees were disappointed that the Secretary of Defense, 

in the report required by section 587 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136), did not 

provide alternatives to the current matching funds structure for 

the National Guard Youth Challenge Program. The conferees believe that such alternatives would provide greater flexibility in the 

management of the program to better respond to temporary fiscal 

conditions. 

The conferees direct the Comptroller General to conduct a 

study of the National Guard Youth Challenge program to determine the effects of current fiscal constraints at the State level on 

the operation of individual programs. The study should assess the 

Department of Defense’s oversight of the program, the efforts of 

both the Department and the States to secure alternative and supplemental funding support for the programs, and the impact of 

changes to the existing 60–40 DOD-to-State matching funds ratio. 

Reports on certain milestones relating to Department of Defense 

transformation (sec. 595) 

The House bill contained a provision (sec. 597) that would require the Secretary of Defense to submit reports to the Committees 

on Armed Services of the Senate and the House of Representatives 

on implementation of transformational milestones identified by the 

Department of Defense. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment to remove the requirement for a feasibility study on a civilian skill corps. 

The conferees expect that a study on the feasibility of a civilian 

skill corps will be conducted under authority provided elsewhere in 

this Act concerning accession of persons with specialized skills. 

With respect to military-to-civilian conversions in Navy medical and dental fields that are proposed for fiscal year 2005, the 

conferees are concerned that the specialties targeted for conversion 

are those most needed by military families, including pediatrics, 

family practice, and pharmacy. The conferees urge not only the 

Secretary of the Navy but also the secretaries of the other military 

departments to ensure that plans for military-to-civilian conversions do not adversely affect the quality and access of military 

health care required by military families. The conferees direct the 

690

Secretary of Defense to provide a report to the Committees on 

Armed Services of the Senate and the House of Representatives not 

later than 90 days following enactment of this Act that describes 

the plans of each military department for military-to-civilian conversions of medical and dental personnel in fiscal year 2006. 

Report on issues relating to removal of remains of persons interred 

in United States military cemeteries overseas (sec. 596) 

The House bill contained a provision (sec. 599) that would authorize the Secretary of Defense, upon application of a qualifying 

survivor, to authorize disinterment and removal of the remains of 

military personnel interred in overseas military cemeteries. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of the Army, in consultation with the American Battle 

Monuments Commission (ABMC), to examine the history of the 

overseas cemeteries and the processes used to ensure that the initial disposition decision was carried out, together with a review and 

explanation of the existing policy and procedures regarding requests for disinterment and any exceptions that have been made. 

Additionally, the examination should include an analysis of potential reasons for justifying disinterment or remains from overseas 

cemeteries and the potential impact on the operation of U.S. overseas military cemeteries of permitting disinterment of remains 

from those cemeteries. Not later than September 30, 2005, the Secretary would be required to submit a report to the Committees on 

Armed Services of the Senate and the House of Representatives on 

the results of the examination, a description of the changes to policy that would be necessary to support a system for requesting and 

authorizing disinterment of remains, and the recommendations of 

the Secretary and the ABMC with respect to changes in policy and 

procedures with respect to such disinterments. 

The conferees believe that a comprehensive examination and 

report on the history of the overseas military cemeteries and the 

reasons for the policy prohibiting disinterments is needed. Survivors of military veterans buried in the overseas military cemeteries must be assisted in every way possible in understanding the 

history of the overseas cemeteries and the reasons justifying the 

policy barring disinterments. The conferees express no opinion 

about this policy, however, to the extent that exceptions to the policy have been made or may be deemed warranted by the Secretary 

and the ABMC, survivors should have a clear understanding 

through the report that would be required by this provision of what 

burden of proof must be satisfied.

Comptroller General reports on closure of Department of Defense 

Dependent Elementary and Secondary Schools and commissary 

stores (sec. 597) 

The Senate amendment contained a provision (sec. 2845) that 

would require the Comptroller General of the United States to submit a report to the appropriate committees of Congress which includes an assessment of the policy and criteria utilized by the Department of Defense regarding the closure of schools and commissary stores, including whether or not such policy and criteria 

691

are consistent with policies and procedures on the preservation of 

the quality of life of members of the Armed Forces. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Comptroller General report on transition assistance programs for 

members separating from the Armed Forces (sec. 598) 

The Senate amendment contained a provision (sec. 1029A) that 

would require the Comptroller General to carry out a study of the 

programs of the Department of Defense and other departments and 

agencies of the Federal Government, including the Department of 

Veterans Affairs, under which transition assistance is provided to 

personnel who are separating from active-duty service in the 

Armed Forces. The report would include an analysis of the extent 

to which transition assistance programs authorized under sections 

1142 and 1144 of title 10, United States Code, are adequate to 

meet the needs of the Reserve components, as well as recommendations by the Comptroller General to improve the content and uniformity of pre-separation counseling. The provision would also include an analysis of pre- and post-deployment health screening, 

and programs that are in place to identify and treat post-traumatic 

stress disorder and related health conditions. 

The House bill contained no similar provision. 

The House recedes with an amendment to clarify that the 

Comptroller General report will include an assessment of the quality and thoroughness of information being provided during the preseparation briefings conducted by the Department of Veterans Affairs. 

Study on coordination of job training standards with certification 

standards for military occupational specialties (sec. 599) 

The Senate amendment contained a provision (sec. 1029B) that 

would require the Secretary of Defense and the Secretary of Labor 

to jointly carry out a study on ways to coordinate the standards applied by the Armed Forces for the training and certification of 

members of the Armed Forces in military occupational specialties 

with the standards that are applied to corresponding civilian occupations by governmental and private sector certification agencies. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Length of service for service chiefs 

The House bill contained a provision (sec. 501) that would authorize the President to extend the term of service of an officer 

serving as the Chief of Staff of the Army, the Chief of Naval Operations, the Commandant of the Marine Corps, or the Chief of Staff 

of the Air Force for a period of up to two years beyond the initial 

four-year appointment. 

The Senate amendment contained no similar provision. 

The House recedes. 

692

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

The Senate amendment contained a provision (sec. 501) that 

would allow waivers of certain tour length requirements in cases 

in which an officer’s proposed selection for promotion is based primarily upon a career field specialty, vice scientific and technical 

qualification, for which joint requirements do not exist. The provision would also eliminate the requirement that an officer serve in 

a joint duty assignment at least 180 days prior to the convening 

of a selection board for that officer to qualify for promotion to the 

rank of brigadier general or rear admiral (lower half). 

The House bill had no similar provision regarding waivers of 

tour length requirements but a provision (sec. 532) that also repealed the requirement for 180 days service in a joint duty assignment before an officer may be considered for promotion to flag or 

general officer rank. 

The Senate recedes. 

Management of joint specialty officers 

The Senate amendment contained a provision (sec. 502) that 

would provide that officers shall be designated as joint specialty officers upon successfully completing, in any sequence, a program accredited by the Chairman of the Joint Chiefs of Staff that is offered 

by a joint professional military education institution and a full tour 

of duty in a joint duty assignment, or after completing two full 

tours of duty in joint duty assignments. This provision would also 

specify that general and flag officer positions identified as joint 

duty assignments must be filled by officers with joint specialty unless the Secretary of Defense determines that the assignment of officers without the joint specialty is necessary and waives the requirement. 

The House bill contained no similar provision. 

The Senate recedes. 

Increase in age limit for deferral of mandatory retirement for up to 

10 senior general and flag officers 

The House bill contained a provision (sec. 503) that would increase from 64 to 66 the mandatory retirement age for senior general and flag officers whom the President had previously retained 

on active duty beyond the statutory limits on either time-in-grade 

or age. 

The Senate amendment contained no similar provision. 

The House recedes. 

Increased flexibility for voluntary retirement for military officers 

The House bill contained a provision (sec. 504) that would require officers serving in grades above colonel or captain in the 

Navy to serve a minimum of one year time-in-grade before being 

allowed to retire in that grade. Additionally, the provision would 

modify existing law to give the authority to the secretary of the 

military department concerned to approve retirement of officers in 

grades above major general or rear admiral in the Navy with the 

concurrence of the Secretary of Defense. 

The Senate amendment contained no similar provision. 

693

The House recedes. 

Length of joint duty assignments 

The Senate amendment contained a provision (sec. 504) that 

would prescribe certain conditions under which officers would qualify to receive full credit for joint duty. The provision would also 

allow the Secretary of Defense to waive the applicability of section 

664 of title 10, United States Code, if the Secretary determines 

that it is in the national security interests of the United States to 

do so. 

The House bill contained no similar provision. 

The Senate recedes. 

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) 

The House bill contained a provision (sec. 505) that would repeal the limitation in section 525 of title 10, United States Code, 

that no more than 50 percent of general and flag officers in a military service on active duty can be in grades above brigadier general 

and rear admiral (lower half). 

The Senate amendment contained no similar provision. 

The House recedes. 

Revision to terms for assistants to the Chairman of the Joint Chiefs 

of Staff for National Guard and Reserve matters 

The House bill contained a provision (sec. 506) that would authorize the assistants to the Chairman of the Joint Chiefs of Staff 

for National Guard and Reserve matters to serve an initial term 

of four years. 

The Senate amendment contained no similar provision. 

The House recedes. 

Repeal of distribution requirements for Naval Reserve flag officers 

The House bill contained a provision (sec. 510) that would 

amend section 12004(c) of title 10, United States Code, and repeal 

the existing distribution of flag officer billets for staff corps officers 

in the U.S. Naval Reserve. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that the allocations for flag officer billets in 

section 12004(c) apply to the Medical Corps, Nurse Corps, Dental 

Corps, Judge Advocate General’s Corps, Civil Engineer Corps, Supply Corps, Chaplain Corps, and Medical Service Corps of the U.S. 

Naval Reserve. At a time when the Naval Reserve is engaged in 

an ongoing zero-based review of Reserve component force structure 

and development of initiatives to improve the integration of the Active and Reserve components of the Navy, the conferees question 

the Department of Defense’s position that flag officer allocations for 

these vital Naval Reserve staff corps communities should be totally 

eliminated in order to establish additional line and restricted line 

Naval Reserve flag officer billets. The conferees expect the Navy to 

provide the Committees on Armed Services of the Senate and the 

House of Representatives with additional information justifying 

694

modifications to existing allocations in section 12004(c) based on 

the results of its zero-based review.

Authority for Reserve officers to qualify as joint specialty officers 

The House bill contained a provision (sec. 534) that would authorize the Secretary of Defense to award the joint specialty officer 

designation to Reserve officers who have met the prescribed requirements for such designation. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees strongly support the inclusion of Reserve officers 

in the Department of Defense planning and policies regarding designation, career development, and management of officers skilled in 

joint matters. The conferees anticipate that the report on the applicability of the term ‘‘joint specialty officer’’ to qualified reservists, 

required by the Senate report accompanying S. 2400 (S. Rept. 108–

260), will be useful in identifying legislative and regulatory 

changes needed to accomplish this goal. Additionally, the conferees 

expect the strategic plan linking joint officer development to overall 

missions and goals of the Department to fully address Reserve officer matters. 

Ribbons to recognize completion of joint professional military education 

The House bill contained a provision (sec. 542) that would authorize the Secretary of Defense to award a military decoration to 

persons who have successfully completed joint professional military 

education phase I and to subsequently award a device to affix to 

the ribbon when a person has successfully completed joint professional military education phase II. 

The Senate amendment contained no similar provision. 

The House recedes. 

Increase in number of private-sector civilians who may be enrolled 

for instruction at National Defense University 

The House bill contained a provision (sec. 543) that would increase the maximum number of eligible private-sector employees 

who may receive instruction at the National Defense University 

from 10 to 20. 

The Senate amendment contained no similar provision. 

The House recedes. 

Requirement for completion of phase I joint professional military 

education before promotion to colonel or Navy captain 

The House bill contained a provision (sec. 544) that, with certain exceptions, would require that after September 30, 2007 officers on the active-duty list must complete joint professional military education phase I or phase II before being appointed to the 

grade of colonel or captain in the Navy. 

The Senate amendment contained no similar provision. 

The House recedes. 

695

Reduced blood alcohol content limit for offense of drunken operation 

of a vehicle, aircraft, or vessel 

The Senate amendment contained a provision (sec. 551) that 

would amend Article 111 of the Uniform Code of Military Justice 

(10 U.S.C. 911) to lower the permissible blood alcohol concentration 

for the offense of drunken operation of a vehicle, aircraft, or vessel 

from the lesser of 0.10 grams or the limit prescribed in the State 

in which the offense occurred to the lesser of 0.08 grams or the 

limit prescribed in the State in which the offense occurred. 

The House bill contained no similar provision. 

The Senate recedes. 

Prayer at military service academy activities 

The House bill contained a provision (sec. 556) that would authorize the superintendent of a service academy to establish a policy with respect to the offering of a voluntary, nondenominational 

prayer at an authorized activity of the academy. 

The Senate amendment contained no similar provision. 

The House recedes. 

Establishment of college financial assistance program for District of 

Columbia National Guard 

The House bill contained a provision (sec. 560B) that would authorize the Department of Defense to provide financial assistance 

for college expenses, not to exceed $2,500 for any academic year, 

to eligible members of the National Guard of the District of Columbia. 

The Senate amendment contained no similar provision. 

The House recedes. 

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

The House bill contained a provision (sec. 561) that would require 

the President to establish separate campaign medals to recognize the service of members during Operation Enduring Freedom and Operation Iraqi Freedom. 

The Senate amendment contained a similar provision (sec. 

542).

This provision is not included in the conference report because 

it is unnecessary. On May 28, 2004, H.R. 3104, an Act to provide 

for the establishment of separate campaign medals to be awarded 

to members of the uniformed services who participate in Operation 

Enduring Freedom and Operation Iraqi Freedom, was enacted as 

Public Law 108–234. 

Redesignation of inactive-duty training to encompass operational 

and other duties performed by Reserves while in inactive duty 

status 

The Senate amendment contained a provision (sec. 561) that 

would redesignate the duty status applicable to members of the Reserve components of the Armed Forces known as ‘‘inactive duty 

training’’ as ‘‘inactive duty.’’ 

696

The House bill contained no similar provision. 

The Senate recedes. 

The conferees acknowledge that the intent of the Department 

of Defense in requesting this statutory change is to more accurately 

reflect the current mission, capabilities, and actual utilization of 

the modern Reserve component. The conferees are concerned, however, that the full implications of this extensive change on the requirement for training and the priority to be given to training are 

not sufficiently defined or understood. The conferees urge the Department to demonstrate in its Reserve continuum of service and 

corresponding proposals for legislative change, its commitment to 

preserving periods of training in order to maintain readiness and 

core capabilities. 

Eligibility of all uniformed services personnel for National Defense 

Service Medal 

The House bill contained a provision (sec. 562) that would require the President to authorize the award of the National Defense 

Service Medal to members of the uniformed services. 

The Senate amendment contained no similar provision. 

The House recedes. 

Repeal of unnecessary duty status distinction for funeral honors 

duty 

The Senate amendment contained a provision (sec. 562) that 

would repeal section 12503 of title 10, United States Code, relating 

to funeral honors duty. Section 12503, which authorizes treatment 

of funeral honors duty as inactive duty training, would have been 

unnecessary in conjunction with renaming of ‘‘inactive duty training’’ as ‘‘inactive duty.’’ 

The House bill contained no similar provision. 

The Senate recedes. 

Conforming amendments to other laws referring to inactive-duty 

training 

The Senate amendment contained a provision (sec. 563) that 

would conform certain provision in titles 5 and 38, United States 

Code, with the proposed change of the term ‘‘inactive duty training’’ 

to ‘‘inactive duty.’’ 

The House bill contained no similar provision. 

The Senate recedes. 

Conforming amendments to other laws referring to funeral honors 

duty 

The Senate amendment contained a provision (sec. 564) that 

would conform certain provisions in titles 5 and 38, United States 

Code, with the proposed change of the term ‘‘inactive duty training’’ 

to ‘‘inactive duty’’ as it would apply to funeral honors duty. 

The House bill contained no similar provision. 

The Senate recedes. 

Army combat recognition ribbon 

The House bill contained a provision (sec. 566) that would require the Secretary of the Army to establish a combat recognition 

697

ribbon to recognize participation by members of the Army in combat. 

The Senate amendment contained no similar provision. 

The House recedes. 

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

The House bill contained a provision (sec. 573) that would 

amend section 1044 of title 10, United States Code, to provide that 

a judge advocate or a civilian attorney authorized to provide military legal assistance may provide such assistance in any jurisdiction, notwithstanding any law regarding the licensing of attorneys 

and subject to regulations to be prescribed by the Secretary concerned. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that differing responses were received from 

the Department of Defense and the services as to the need for and 

advisability of such a change in law. Concerns were expressed as 

to the possible effect on judge advocates and federal civilian attorneys practicing outside the legal assistance area, if such a proposal 

is adopted. The conferees urge the Department to develop a unified 

position with regard to the need for such a statutory change, and 

to submit a legislative proposal, if necessary. 

Appearance of veterans service organizations at pre-separation counseling provided by the Department of Defense 

The Senate amendment contained a provision (sec. 574) that 

would authorize the service secretaries to permit a representative 

from a veterans service organization to appear at and participate 

in pre-separation counseling for military members, authorized in 

section 1142 of title 10, United States Code. The provision would 

also authorize Reserve component units to meet with a veterans 

service organization upon release from active duty for the purpose 

of obtaining information and assistance. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees expect that the matter of participation by representatives from veterans service organizations in pre-separation 

counseling for members in both Active and Reserve components 

will be addressed in the Comptroller General’s report on transition 

assistance programs for members separating from the Armed 

Forces required elsewhere in this Act. 

Limitation on amendment or cancellation of Department of Defense 

directive relating to reasonable access to military installations 

for certain personal commercial solicitation 

The House bill contained a provision (sec. 586) that would prohibit the Secretary of Defense from cancelling or amending Department of Defense (DOD) Directive 1344.7, ‘‘Personal Commercial Solicitation on DOD Installations,’’ for a period of one year after the 

Government Accountability Office (GAO) reports to Congress on the 

findings of an ongoing review of the financial allotment system and 

698

the treatment of insurance agents by military finance offices and 

local managers and commanders at Department of Defense installations. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that the Statement of Managers accompanying the Department of Defense Appropriations Act for Fiscal 

Year 2005 (Public Law 108–287) prohibits the use of appropriated 

funds to amend or cancel DOD Directive 1344.7 until 90 days after 

the report of the results of the investigation regarding insurance 

premiums allotment processing is submitted. 

In the statement of managers accompanying the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136), 

the conferees stated that the Department has taken appropriate 

steps to thoroughly consider and evaluate potential changes to personal commercial solicitation policies. The conferees believe sufficient time has elapsed for the Department to complete its evaluation. The Secretary is directed to submit a report on the status of 

its plans to effect changes to personal commercial solicitation policies, including any recommended changes or revisions to DOD Directive 1344.7, to the Committees on Armed Services of the Senate 

and the House of Representatives by May 1, 2005. 

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

The House bill contained a provision (sec. 591) that would expand the employment preference for spouses of Department of Defense civilian employees who have been assigned under a mandatory mobility agreement or similar mandatory mobility program. 

The authority would place spouses of civilian employees in an 

equivalent position to spouses of military members who already receive employment preferences. 

The Senate amendment contained no similar provision. 

The House recedes. 

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

The Senate amendment contained a provision (sec. 862) that 

would authorize the Secretary of the Army to carry out a demonstration program through September 2009 on the assignment of 

members of Reserve components to perform test, evaluation, and 

related activities for acquisition programs. 

The House bill contained no similar provision. 

The Senate recedes. 

Content of pre-separation counseling for personnel separating from 

active-duty service 

The Senate amendment contained a provision (sec. 1029C) that 

would require that information on participation in Federal Government procurement opportunities be included in pre-separation 

counseling authorized by section 1142 of title 10, United States 

Code. The provision would also authorize the secretary concerned 

to provide pre-separation counseling at medical centers of the DeVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00724 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
699

partment of Veterans Affairs and the Department of Defense with 

the consent of the member. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees expect that this requirement will be included in 

the Comptroller General report on transition assistance programs 

for members separating from the Armed Forces required elsewhere 

in this Act.

(701)

TITLE VI—COMPENSATION AND OTHER PERSONNEL 

BENEFITS 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Pay and Allowances 

Increase in basic pay for fiscal year 2005 (sec. 601) 

The House bill contained a provision (sec. 601) that would 

specify the requirement for increased pay for members of the 

Armed Forces by 3.5 percent effective January 1, 2005, and waiver 

of the adjustment required by section 1009 of title 37, United 

States Code. 

The Senate amendment contained no similar provision in view 

of the requirement regarding annual pay adjustment under section 

1009(c)(2) of title 37, United States Code. 

The Senate recedes. 

Relationship between eligibility to receive supplemental subsistence 

allowance and eligibility to receive imminent danger pay, family separation allowance, and certain federal assistance (sec. 

602) 

The Senate amendment contained a provision (sec. 621) that 

would exclude the family separation allowance and special pay relating to duty subject to hostile fire or imminent danger from the 

calculation of household income for eligibility to receive the family 

supplemental subsistence allowance (FSSA). The provision would 

also exclude the amount of FSSA received by service members in 

determining the eligibility of their spouses and children for certain 

low income assistance programs, and require a report on the accessibility by members of the Armed Forces and their families to social services. 

The House bill contained no similar provision. 

The House recedes with a technical amendment that would 

eliminate the reporting requirement. 

Authority to provide family separation basic allowance for housing 

(sec. 603) 

The House bill contained a provision (sec. 602) that would extend permissive authority to service secretaries to decline to pay 

family separation housing allowances when, in the secretaries’ discretion, members’ circumstances do not justify such payments. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

The conferees caution that it is not their intent that the service 

secretaries use the discretion provided in this provision to deny appropriate housing allowances to deserving service members and 

their families. The conferees intend that service members stationed 

702

worldwide should receive a family separation housing allowance in 

all cases when their families are prohibited from joining them at 

their current duty station and government-provided quarters are 

unavailable to the service members at their duty locations. 

Geographic basis for housing allowance during short-assignment 

permanent changes of station for education or training (sec. 

604) 

The House bill contained a provision (sec. 603) that would authorize service members who attend professional military education 

or training lasting 12 months or less to elect to leave their families 

at their previous duty station and receive basic allowance for housing based on the area where their dependents reside. 

The Senate amendment contained a similar provision (sec. 

601). 

The House recedes with a technical amendment. 

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

(sec. 605) 

The House bill contained a provision (sec. 604) that would authorize the service secretary concerned to pay service members 

serving outside the continental United States for certain unusual 

nonrecurring expenses. 

The Senate amendment contained a similar provision (sec. 

602). 

The House recedes with a technical amendment. 

Authority for certain members deployed in combat zones to receive 

limited advances on future basic pay (sec. 606) 

The House bill contained a provision (sec. 606) that would authorize the secretary concerned to pay advances on future basic pay 

for service members assigned to locations where they would receive 

imminent danger pay and their assignment is pursuant to orders 

specifying an assignment of one year or more or the assignment is 

extended beyond one year. 

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment that would 

require the service member to repay the advance in equal monthly 

installments over a one-year period beginning the month after the 

advance is received. 

Repeal of requirement that members entitled to basic allowance for 

subsistence pay subsistence charges while hospitalized (sec. 607) 

The House bill contained a provision (sec. 661) that would repeal the requirement for officers and certain enlisted members to 

pay subsistence charges when they are hospitalized. 

The Senate amendment contained a similar provision (sec. 

711). 

The Senate recedes with a technical amendment. 

703

Subtitle B—Bonuses and Special and Incentive Pays 

One-year extension of certain bonus and special pay authorities for 

Reserve forces (sec. 611) 

The House bill contained a provision (sec. 611) that would extend the authority for various bonuses and special pays for Active 

and Reserve members. 

The Senate amendment contained a provision (sec. 611) that 

would extend for one year the authority to pay the Selected Reserve reenlistment bonus, the Selected Reserve enlistment bonus, 

the special pay for enlisted members assigned to certain high priority units in the Selected Reserve, the Selected Reserve affiliation 

bonus, the Ready Reserve enlistment and reenlistment bonus, and 

the prior service enlistment bonus. 

The House recedes. 

One-year extension of certain bonus and special pay authorities for 

certain health care professionals (sec. 612) 

The House bill contained a provision (sec. 611) that would extend the authority for various bonuses and special pays for Active 

and Reserve members, including certain health care professionals. 

The Senate amendment contained a provision (sec. 612) that 

would extend for one year the authority to pay the nurse officer 

candidate accession bonus, the accession bonus for registered 

nurses, incentive special pay for nurse anesthetists, special pay for 

Selected Reserve health professionals in critically short wartime 

specialties, the accession bonus for dental officers, and to repay 

education loans for certain Selected Reserve health professionals. 

The House recedes with an amendment that would also extend 

the authority to pay the accession bonus for pharmacy officers until 

December 31, 2005. 

One-year extension of special pay and bonus authorities for nuclear 

officers (sec. 613) 

The House bill contained a provision (sec. 611) that would extend the authority for various bonuses and special pays for Active 

and Reserve members, including nuclear officers. 

The Senate amendment contained a provision (sec. 613) that 

would extend for one year the authority to pay the special pay for 

nuclear-qualified officers extending their period of active service, 

the nuclear career accession bonus, and the nuclear career annual 

incentive bonus. 

The House recedes. 

One-year extension of other bonus and special pay authorities (sec. 

614) 

The House bill contained a provision (sec. 611) that would extend the authority for various bonuses and special pays for Active 

and Reserve members. 

The Senate amendment contained a provision (sec. 614) that 

would extend for one year the authority to pay the aviation officer 

retention bonus, assignment incentive pay, the reenlistment bonus 

for Active members, the enlistment bonus for Active members, the 

704

retention bonus for members with critical military skills, and the 

accession bonus for new officers in critical military skills. 

The House recedes. 

Authority to provide hazardous duty incentive pay to military firefighters (sec. 615) 

The House bill contained a provision (sec. 620) that would authorize a new hazardous duty incentive pay of $150 per month for 

members of the uniformed services who regularly perform duty as 

a member of a firefighting crew. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would modify section 301 of title 37, United States Code, to authorize incentive pay 

at a monthly rate not to exceed $150 per month for any month during which a member performs duty involving regular participation 

as a firefighting crew member, as determined by the secretary concerned.

Reduced service obligation for nurses receiving nurse accession 

bonus (sec. 616) 

The House bill contained a provision (sec. 612) that would reduce the service commitment required for the nurse accession 

bonus from four to three years of service. 

The Senate amendment contained a similar amendment (sec. 

615). 

The House recedes with an amendment that the authority 

shall apply on or after the date of enactment of this Act. 

Assignment incentive pay (sec. 617) 

The House bill contained a provision (sec. 614) that would require termination of assignment incentive pay when the member is 

placed on terminal leave and will not be returning to the assignment location. 

The Senate amendment contained a similar provision (sec. 616) 

that would also delete the requirement for a written agreement between the secretary concerned and the member. 

The House recedes with a technical amendment. 

The conferees believe that assignment incentive pay should be 

a highly flexible means of providing an incentive to members to 

volunteer for challenging assignments. In this regard, the conferees 

approve of the actions of the Department of Defense and the Department of the Army in supporting the Commander, U.S. Forces 

Korea, in aggressively using assignment incentive pay to provide 

stability and enhanced readiness for soldiers and units in the Republic of Korea. 

The conferees also view assignment incentive pay as a responsive means for service secretaries, on a discretionary basis when 

mission accomplishment so requires, to appropriately compensate 

members who are called on to extend their service or tours of duty 

or otherwise serve in demanding assignments. The requirement for 

a written agreement under these circumstances is not required and 

should not be mandatory in all cases. 

705

Modification of active and Reserve component reenlistment and enlistment bonus authorities (sec. 618) 

The House bill contained a provision (sec. 615) that would consolidate Active and Reserve Component reenlistment and enlistment bonus authorities. The provision would repeal certain special 

pay provisions and also extend eligibility for the reenlistment 

bonus through 17 years of service and authorize the use of the reenlistment bonus during war and national emergency to address 

unit specific retention problems without regard to critical skill eligibility requirements. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would authorize 

payment of an active-duty or Selected Reserve reenlistment bonus 

up to 16, vice 14, years of service and increase the maximum 

amount of the Selected Reserve reenlistment bonus from $5,000 to 

$15,000 for a reenlistment or extension of six years, from $2500 to 

$7,500 for a reenlistment or extension of three years, and from 

$2,000 to $6,000 for a reenlistment or extension of three years 

when the member has received a bonus for a previous three year 

enlistment. The amendment would also authorize lump sum payments of the foregoing bonuses. 

The amendment would increase the maximum amount of the 

Selected Reserve enlistment bonus from $8,000 to $10,000; increase 

the Ready Reserve enlistment bonus for persons without prior service from $1,000 to $3,000; and increase the maximum amount of 

the prior service Ready Reserve bonus from $1,500 to $3,000 for a 

six year enlistment and from $750 to $1,500 for a three year enlistment. The amendment would authorize payment of the prior service enlistment bonus for the Selected Reserve for members who 

have not more than 16 years of total service. It would increase the 

maximum amount of the bonus from $8,000 to $15,000 for a six 

year enlistment, from $4,000 to $7,500 for a three year enlistment, 

and from $3,500 to $6,000 for a three year reenlistment or extension when the member has received a bonus for a previous three 

year enlistment. 

Bonus for certain initial service of officers in the Selected Reserve 

(sec. 619) 

The House bill contained a provision (sec. 618) that would 

modify section 324 of title 37, United States Code, to authorize Reserve component officers to be paid an accession of affiliation bonus 

using the same authority used to pay active-duty officers. 

The Senate amendment contained a provision (sec. 620) that 

would authorize an affiliation or accession bonus of up to $6,000 for 

certain commissioned officers in the Selected Reserve. The provision would help to access and affiliate officers in the Selected Reserve who possess or would train to acquire designated critical 

skills. 

The House recedes with an amendment that would specify that 

a member entitled to a bonus under this provision who is called or 

ordered to active duty shall be paid, during that period of active 

duty, any amount of the bonus that becomes payable to the member during that period of active duty. 

706

Revision of authority to provide foreign language proficiency pay 

(sec. 620) 

The House bill contained a provision (sec. 616) that would authorize the service secretary concerned to pay an annual bonus of 

up to $12,000 to members of the uniformed services who maintain 

proficiency in a foreign language. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would authorize 

the monthly rate for foreign language proficiency pay under section 

316 of title 37, United States Code, to be determined by the secretary concerned but not to exceed $1,000. Additionally, the amendment would authorize payment of a bonus of up to $6,000 payable 

in a lump sum or installments for members of the Reserve component. The amendment would require that if a member of a Reserve 

component serving on active duty receives foreign language monthly special pay during any month for which the member receives a 

lump sum payment, the amount of the special pay paid to the 

member for the month shall be reduced by an amount equal to onetwelfth of the bonus amount. 

Eligibility of enlisted members to qualify for critical skills retention 

bonus while serving on indefinite reenlistment (sec. 621) 

The House bill contained a provision (sec. 617) that would 

allow Reserve component members to be paid the critical skills retention bonus under the authority of section 323 of title 37, United 

States Code. The provision would also extend eligibility for the 

bonus through 17 years of service and, clarify that enlisted members serving pursuant to an indefinite enlistment would be eligible 

under certain conditions for receipt of the bonus. 

The Senate amendment contained a provision (sec. 618) that 

would authorize enlisted personnel serving on indefinite reenlistments in designated critical military skills to receive a critical 

skills retention bonus on the condition that they enter into a written agreement to remain on active duty for at least one year under 

such enlistments. 

The House recedes with a technical amendment. 

The conferees believe that initiatives to consolidate or extend 

bonus authorities in the absence of Department of Defense legislative proposals are premature. The Department has indicated that 

a Defense Advisory Committee on Military Compensation will be 

appointed by the Secretary of Defense to conduct a comprehensive 

review of military compensation from the perspective of both the 

Active and Reserve forces. This Advisory Committee on Military 

Compensation will perform a comprehensive review and strategic 

assessment of military pay and benefits with a view towards simplifying and balancing pays to maintain a competitive edge in recruiting and retention. Upon completion of its work, which is anticipated in the late summer of 2005, the advisory committee will 

publish its conclusions and recommendations and transmit those to 

the Secretary of Defense. The conferees also expect that the Commission on National Guard and Reserves will contribute to a better 

informed resolution of questions about potential reform to title 37, 

United States Code. 

707

Eligibility of Reserve component members for incentive bonus for 

conversion to military occupational specialty to ease personnel 

shortage (sec. 622) 

The House bill contained a provision (sec. 619) that would 

allow Reserve component members to be paid bonuses for converting to, and serving for a period of not less than three years, in 

military occupational specialties for which there is a shortage of 

trained and qualified personnel. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would provide 

that a bonus under this provision may not exceed $2,000. 

Permanent increase in authorized amounts for imminent danger 

special pay and family separation allowance (sec. 623) 

The House bill contained a provision (sec. 1533) that would 

make permanent the increase in the rate of imminent danger pay 

from $150 per month to $225 per month and the increase in the 

rate of family separation allowance from $100 per month to $250 

per month. 

The Senate amendment contained similar provisions (sec. 603 

and 617). 

The Senate recedes with a technical amendment. 

Subtitle C—Travel and Transportation Allowances 

Travel and transportation allowances for family members to attend 

burial ceremony or memorial service of member who dies on 

duty (sec. 631) 

The House bill contained a provision (sec. 631) that would clarify that family members are authorized to travel at government expense to the burial site of a member who dies while on duty, and 

that the member’s parents are always eligible to travel at government expense to attend the burial ceremony. The House bill included a $2.0 million ceiling on expenditures in fiscal year 2005 for 

this purpose. 

The Senate amendment included a similar provision (sec. 631), 

but did not include a ceiling on expenditures in fiscal year 2005.

The House recedes with a clarifying amendment. 

Transportation of family members incident to serious illness or injury of members of the uniformed services (sec. 632) 

The House bill contained a provision (sec. 632) that would expand the number and categories of family members and other people that would be entitled to transportation at government expense, 

and would authorize such persons to receive a per diem or be reimbursed for travel expenses. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would limit the 

number of family members authorized transportation and travel 

expenses to three, and would provide authority for the Secretary 

concerned to waive the limitation on the number of family members in circumstances determined to be appropriate. 

708

Reimbursement for certain lodging costs incurred in connection with 

dependent student travel (sec. 633) 

The House bill contained a provision (sec. 633) that would authorize the secretary concerned to reimburse a service member for 

lodging costs incurred by a dependent child traveling between the 

child’s school and the member’s overseas duty station when the 

lodging expenses are incurred for reasons beyond the control of the 

dependent child. 

The Senate amendment contained a similar provision (sec. 

632). 

The House recedes with a technical amendment. 

Subtitle D—Retired Pay and Survivor Benefits 

Computation of high-36 month average for Reserve component members retired for disability while on active duty or dying while 

on active duty (sec. 641) 

The Senate amendment contained a provision (sec. 641) that 

would modify the rules controlling the computation of retirement 

pay and survivor annuities for Reserve component members who 

are entitled to retired pay for physical disability under sections 

1201 and 1202 of title 10, United States Code. The provision would 

permit more equitable treatment of these Reserve component members by calculating the average of monthly basic pay for purposes 

of pay and annuity payments as if they had been entitled to basic 

pay for the 36 months preceding their retirement, regardless of 

whether the member served the entire period on active duty. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Repeal of phase-in of concurrent receipt of retired pay and veterans’ 

disability compensation for military retirees with service-connected disabilities rated as 100 percent (sec. 642) 

The Senate amendment contained a provision (sec. 643) that 

would modify section 1414 of title 10, United States Code, to repeal 

the requirement for phase-in of concurrent receipt of retired pay 

and veterans’ disability compensation for military retirees with 

service-connected disabilities rated as 100 percent. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Death benefits enhancement (sec. 643) 

The Senate amendment contained a provision (sec. 642) that 

would index the amount of the death gratuity payable under section 1478 of title 10, United States Code, to the average percentage 

of the increase in rates of basic pay taking effect each year. Additionally, the amendment would require the President to submit 

draft legislation to Congress that would increase the maximum 

benefit provided under Servicemembers’ Group Life Insurance 

(SGLI) to $350,000 and allow a minimum SGLI benefit of $100,000 

at no cost for members who elect the maximum coverage. The 

amendment would also establish an additional set of death benefits, retroactive to October 7, 2001, for survivors of members who 

die in the line of duty or as a result of hostile action consisting of 

709

the total amount of basic pay, allowances, and special pays a member would have received for one or two years respectively. The 

amendment would also require the budget for fiscal year 2006 to 

include funds for the implementation of the foregoing enhanced 

benefits. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

President, at the same time he transmits to Congress the budget 

for fiscal year 2006, to submit assessments and recommendations 

on legislation, including budgetary implications for the legislation 

described in the Senate amendment. 

Phased elimination of two-tier annuity computation for surviving 

spouses under Survivor Benefit Plan (sec. 644)

The House bill contained a provision (sec. 641) that would 

phase in from October 2005 to March 2008 elimination of the Social 

Security offset under the Survivor Benefit Plan (SBP), and increase 

the annuities paid to survivors of military retirees who are 62 or 

older. The provision would also make corresponding adjustments to 

the SBP supplemental annuity program and require SBP annuities 

to be recalculated during October 2005, April 2006, April 2007, and 

April 2008. 

The Senate amendment contained a similar provision (sec. 644) 

that would phase in from October 2005 to October 2014 elimination 

of the Social Security offset under the SBP. 

The Senate recedes with an amendment that would eliminate 

the requirement that participating retirees continue to pay premiums for supplemental SBP coverage effective on the date of enactment of this Act. Retired members who choose supplemental 

SBP coverage during the open enrollment period, which would 

begin on October 1, 2005, would have their additional premium 

phased out from 2005 through 2008. 

One-year open enrollment period for Survivor Benefit Plan commencing October 1, 2005 (sec. 645) 

The House bill contained a provision (sec. 642) that would authorize an open enrollment period for retired members to participate in the Survivor Benefit Plan (SBP) or to increase the level of 

their participation if they were previously participating below the 

maximum allowed level. The provision would authorize the Secretary of Defense to require retirees who enroll to pay an additional premium not to exceed 4.5 percent of the retiree’s base 

amount. 

The Senate amendment contained a similar provision (sec. 645) 

that would authorize an open enrollment period similar to that authorized by section 642 of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (Public Law 105–261). The 

open enrollment period under the Senate amendment would last 

for one year beginning on October 1, 2005. The premium would be 

calculated based on the total amount of the premiums, plus interest, by which members’ retired pay would have been reduced if 

they had elected to participate in the SBP at the first opportunity 

that they had been afforded. 

710

The House recedes with a clarifying amendment that would 

give eligible retirees during the open enrollment period the option 

of purchasing temporary supplemental SBP coverage that would be 

phased out by 2008 when the two-tier SBP system is terminated. 

Subtitle E—Commissary and Nonappropriated Fund 

Instrumentality Benefits 

Consolidation and reorganization of legislative provisions regarding 

defense commissary system and exchanges and other morale, 

welfare, and recreation activities (sec. 651) 

The House bill contained a provision (sec. 651) that would consolidate and reorganize a wide range of sections from title 10, 

United States Code, and related laws concerning commissaries, exchanges and other morale, welfare, and recreation activities. The 

provision would define the commissary benefit; specify criteria for 

establishment, sizing, and closure of commissaries; and address 

other commissary management matters. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would define 

commissary and exchange systems, and clarify that the purpose of 

the systems is to enhance the quality of life of members of the uniformed services, retired members, and dependents of such members; and to support military readiness, recruitment, and retention. 

The amendment would require the designation of a senior official 

to oversee both systems and an executive governing body to ensure 

complimentary operations of both systems. The amendment would 

authorize the Secretary of Defense to consider the quality of life of 

the Reserve components whenever assessing whether to close a 

commissary store, and would clarify that the closure of a commissary store at an installation not closing under a base closure 

law would not take effect until 90 days after the Secretary notifies 

Congress of the reasons for such closure. 

The amendment would authorize the Secretary to conduct a 

test program on the sale of telephone cards, film, and one-time use 

cameras. Within 90 days of the completion of one year of testing, 

the Secretary would report findings and recommendations to the 

Committees on Armed Services of the Senate and the House of 

Representatives. The amendment would require the report to include an analysis of the actual impact of the sale of such items on 

the exchange dividend and any recommendations for changes in 

legislation that may be necessary. The amendment would require 

the Comptroller General to conduct a study to evaluate the impact 

of the expansion of categories of merchandise authorized for sale in 

commissary stores and its impact on the exchange dividend. 

The conferees expect that the oversight body established by 

this Act will include military members. The conferees also expect 

that for items procured from the exchange, any revenue above the 

commissary purchase price of other merchandise items, shall be accounted for and allocated as if it were a uniform sales price surcharge. Finally, the conferees expect the Secretary to maintain the 

decor, format, and product selection in military commissaries consistent with modern grocery store norms.

711

Consistent State treatment of Department of Defense Nonappropriated Fund Health Benefits Program (sec. 652) 

The House bill contained a provision (sec. 652) that would clarify that the Nonappropriated Fund Uniform Health Benefits Program of the Department of Defense is not subject to State, local 

and territorial taxes, fees, other monetary payment, or health plan 

mandates. 

The Senate amendment contained a similar provision (sec. 

1106). 

The Senate recedes with a technical amendment. 

Subtitle F—Other Matters 

Eligibility of members for reimbursement of expenses incurred for 

adoption placements made by foreign governments (sec. 661) 

The Senate amendment contained a provision (sec. 652) that 

would amend section 1052(g) of title 10, United States Code, to include within the definition of ‘‘qualified adoption agency’’ a foreign 

government or an agency authorized by a foreign government to 

place children for adoption. Section 1052 authorizes reimbursement 

of expenses for certain members of the Armed Forces who adopt 

children. Although that statute includes intercountry adoptions, 

the definition of qualified adoption agency does not include either 

foreign governments or agencies authorized by such governments to 

place children. Otherwise eligible members who adopt children 

while on duty outside the United States have been forced to readopt them through a domestic agency upon their return to the 

United States in order to be reimbursed. The provision would authorize reimbursement of expenses for such intercountry adoptions, 

if the child is either eligible for automatic United States citizenship 

or has been issued a certificate of citizenship under the Immigration and Nationality Act. 

The House bill contained no similar provision. 

The House recedes. 

The conferees expect that the Secretary of Defense will make 

the necessary adjustments, including extending the period allowed 

under regulations for filing for reimbursement, to accommodate 

members who are outside the United States on military orders. 

Clarification of education loans qualifying for education loan repayment program for Reserve component health professions officers 

(sec. 662) 

The House bill contained a provision (sec. 662) that would clarify that college loans involving both a basic professional degree and 

graduate education would qualify for repayment under section 

16302 of title 10, United States Code. 

The Senate amendment contained a similar provision (sec. 

619). 

The Senate recedes. 

Receipt of pay by reservists from civilian employers while on active 

duty in connection with a contingency operation (sec. 663) 

The Senate amendment contained a provision (sec. 1068) that 

would modify section 209 of title 18, United States Code, to permit 

712

a member of the Reserves on active duty pursuant to a call or order 

to active duty to receive payment of any part of the salary or wages 

that a civilian employer would have paid if the reservist’s employment had not been interrupted by the order to active duty. 

The House bill contained no similar provision. 

The House recedes. 

Relief for mobilized reservists from certain federal agricultural loan 

obligations (sec. 664) 

The Senate amendment contained a provision (sec. 655) that 

would authorize forgiveness of interest payments due under section 

1981f of title 7, United States Code, while borrowers are mobilized 

military reservists. The provision would also authorize deferral of 

principal payments due while or after borrowers are mobilized reservists, and direct that borrowers who receive assistance under 

this provision would not be considered to be delinquent or receiving 

debt forgiveness for purpose of receiving direct or guaranteed loans 

under title 7, United States Code. 

The House bill contained no similar provision. 

The House recedes. 

Survey and analysis of effect of extended and frequent mobilization 

of reservists for active-duty service on reservist income (sec. 665) 

The House bill contained a provision (sec. 663) that would require the Secretary of Defense to conduct a detailed study of the 

loss of income by mobilized reservists who have served on activeduty in support of a contingency operation following September 11, 

2001. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment to ensure that all

sources of income are reported by the member in response to the 

survey. 

The conferees believe that accurate information regarding loss 

of income is an important prerequisite to future congressional action, and acknowledge the need to better understand the impact of 

any such loss of income on members with skills in high demand for 

deployments. 

Study of disability benefits for veterans of service in the Armed 

Forces with service-connected disabilities (sec. 666) 

The conferees agree to a provision that would require the Secretary of Defense to conduct a study of the totality of all current 

and projected disability benefits that are available to disabled 

members and former members of the Armed Forces for service-connected disabilities. The study would compare the disability benefits 

for members of the Armed Forces with commercial and other private sector disability benefits plans, and identify the Department 

of Defense personnel policy changes needed to enhance the financial and nonfinancial benefits that are provided to members and 

former members of the Armed Forces for service-connected disabilities. The Secretary’s report would include conclusions resulting 

from the study and recommended legislation to address the deficiencies in the system of Federal Government disability benefits for 

disabled members and former members of the Armed Forces. 

713

The provision would require the Comptroller General to study 

the disability benefits that are available for employees of the Federal, State and local governments, especially those provided for disabilities incurred in the performance of jobs in which employees 

perform tasks with risks that are similar to the risks associated 

with military service. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Income replacement payments for Reserves experiencing extended 

mobilization for active-duty service 

The House bill contained a provision (sec. 605) that would require the Secretary of Defense to pay involuntarily mobilized Reserve members on a monthly basis the amount necessary to replace 

the difference in income between their regular military compensation plus special pays and allowances and the average monthly income received by the member during the 12 months preceding the 

month in which the member was mobilized. Payments would be 

limited to a minimum of $50 each month and a maximum of $3,000 

each month. 

The Senate amendment contained a provision (sec. 1110) that 

would amend chapter 55 of title 5, United States Code, to require 

federal agencies to pay any difference between military and civilian 

compensation for federal employees who, as members of the uniformed services or National Guard, were called to active-duty service in support of a national emergency since October 11, 2002. 

These provisions were not included in the conference report because funding was not appropriated for Reserve income replacement payments to either Reserve members or federal government 

agencies. 

Increase in maximum monthly rate authorized for hardship duty 

pay 

The House bill contained a provision (sec. 613) that would increase from $300 to $750 the maximum amount of special pay that 

may be paid to members performing duty designated by the Secretary of Defense as hardship duty under section 305 of title 37, 

United States Code. 

The Senate amendment contained no similar provision. 

The House recedes. 

Source of funds for Survivor Benefit Plan annuities for Department 

of Defense beneficiaries over age 62 

The House bill contained a provision (sec. 643) that would direct that the payments made into the Department of Defense Military Retirement Fund, which is funding the increases in this Act, 

to the cost of the Survivor Benefit Plan would be made directly by 

the Secretary of the Treasury. 

The Senate amendment contained no similar provision. 

The House recedes. 

714

Cooperation and assistance for qualified scouting organizations 

serving dependents of members of the Armed Forces and civilian employees overseas 

The House bill contained a provision (sec. 653) that would require that professional staff supporting both the Boy Scouts of 

America and the Girl Scouts of the United States of America in 

overseas areas be made non-appropriated fund employees of the 

United States and would clarify that appropriated funds may be 

used to pay the costs of the employees. 

The Senate amendment contained no similar provision. 

The House recedes. 

Child care for children of members of Armed Forces on active duty 

for Operation Enduring Freedom or Operation Iraqi Freedom 

The Senate amendment (sec. 654) would authorize the Secretary of Defense to provide funds, to the extent that funds are 

available for such purpose, to secure access to child care at State 

licensed child care and development programs in the private sector 

for members serving in Operation Enduring Freedom and Operation Iraqi Freedom, who are geographically disbursed and do not 

have practical access to a military child development center. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees acknowledge that the Department of Defense 

has authority under section 1798 of title 10, United States Code, 

to subsidize the cost of child and youth services in the private sector, and has initiated programs to provide affordable, quality child 

care and youth service options for families of activated Guard and 

Reserve members. Such initiatives include partnerships with civilian child care referral agencies, and the Department of Defense 

Military One Source referral services available to all members.

(715)

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Enhanced Benefits for Reserves 

TRICARE coverage for members of Reserve components who commit 

to continued service in the Selected Reserve after release from 

active duty (sec. 701) 

The Senate amendment contained a provision (sec. 706) that 

would authorize TRICARE coverage for each member of the Ready 

Reserve while in a non-active duty status. The provision would authorize the same benefits for members of the Reserve components 

as a member on active duty or a dependent of an active-duty member, based on a premium payment by the member. The amount of 

the monthly premium required of the member would be 28 percent 

of the total amount determined by the Secretary of Defense as 

being reasonable for the TRICARE coverage. TRICARE coverage 

for Reserves in a non-active duty status would commence following 

expiration of transitional health care benefits authorized in section 

1145, title 10, United States Code. The amendment would not extend TRICARE eligibility to federal employees entitled to Federal 

Employee Health Benefits Plan coverage under chapter 89 of title 

5, United States Code. 

The House bill contained no similar provision. 

The House recedes with an amendment to authorize TRICARE 

coverage for Reserves in a non-active duty status for members of 

Reserve components called or ordered to active duty on or after 

September 11, 2001 in support of a contingency operation, and who 

commit to continued service in the Selected Reserve after release 

from active duty. For each period of 90 consecutive days of extended active-duty service, the Reserve member would be entitled 

to one year of TRICARE coverage while in a non-active duty status 

under the TRICARE Standard option. The amendment would authorize one year of coverage for a member who is otherwise eligible 

but does not serve continuously on active duty for 90 days because 

of an injury, illness, or disease incurred or aggravated while deployed. The amendment would also require payment of a premium 

by the Reserve member equal to 28 percent of the total amount determined by the Secretary as being reasonable for TRICARE coverage, and execution by the member of a service agreement. The 

amendment would be in effect within 180 days of enactment of this 

Act, and would require the Secretary to take all necessary actions 

to ensure that members eligible for TRICARE coverage receive information on the opportunity to enter into such an agreement. 

716

Comptroller General report on the cost and feasibility of providing 

private health insurance stipends for members of the Ready Reserves (sec. 702) 

The House bill contained a provision (sec. 702) that would require the Comptroller General to conduct a study on the cost and 

feasibility of providing a stipend to members of the Ready Reserves 

to offset the cost of continuing private health insurance when the 

member is on active duty for more than 30 days. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Permanent earlier eligibility date for TRICARE benefits for members of Reserve components and their dependents (sec. 703) 

The House bill contained a provision (sec. 703) that would 

make permanent the temporary authority for dependents of Reserve component members to obtain TRICARE benefits up to 90 

days before the date on which the member’s period of active duty 

is to begin. 

The Senate amendment contained a similar provision (sec. 

702). 

The House recedes with a technical amendment. 

Waiver of certain deductibles under TRICARE program for members on active duty for a period of more than 30 days (sec. 704) 

The House bill contained a provision (sec. 704) that would authorize the waiver of certain deductibles required by certain 

TRICARE programs for dependents of certain Reserve component 

members who are called or ordered to active duty for a period of 

more than 30 days. 

The Senate amendment contained a similar provision (sec. 

703). 

The House recedes with a technical amendment. 

Authority for payment by United States of additional amounts 

billed by health care providers to activated Reserves (sec. 705) 

The House bill contained a provision (sec. 705) that would protect a dependent of a member of a Reserve component who is ordered to active duty for a period of more than 30 days in support 

of a contingency operation from paying a health care provider any 

amount above the TRICARE maximum allowable charge. 

The Senate amendment contained a similar provision (sec. 

704). 

The House recedes with a technical amendment. 

Permanent extension of transitional health care benefits and addition of requirement for pre-separation physical examination 

(sec. 706)

The House bill contained a provision (sec. 706) that would 

make permanent the authority to provide Transition Assistance 

Medical Program benefits to service members and their dependents 

for up to 180 days following separation from active duty. The provision would require that eligibility for transition benefits would 

cease prior to the 180-day limit if the beneficiaries acquire emVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00742 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
717

ployer-provided insurance. The provision would also limit outlays 

provided after January 1, 2005, to not more than $170.0 million. 

The Senate amendment included a provision (sec. 705) that 

would make permanent the authority to provide transition benefits 

for 180 days following separation from active duty for certain Active and Reserve members. The provision would require that as 

part of such transitional health care coverage, each member shall 

undergo a comprehensive physical examination before separating 

from active-duty service. 

The House recedes with an amendment that would authorize 

the Secretary of Defense to prescribe in regulations the content of 

the physical provided to each member immediately before separation. The amendment would also authorize a waiver of the requirement for a physical examination if a member has undergone a 

physical examination within 12 months before the scheduled date 

of separation, and would require that a waiver may be granted only 

with the consent of the member and the member’s unit commander. 

Subtitle B—Other Benefits Improvements 

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

711) 

The House bill contained a provision (sec. 711) that would permit certain young children, who are dependents of service members 

who die while on active duty, to enroll in the TRICARE dental insurance program, regardless of the dependent’s dental plan enrollment status on the date of the service member’s death. Many 

young children, due to their age, are not enrolled in the TRICARE 

dental plan. 

The Senate amendment contained a similar provision (sec. 

712). 

The House recedes. 

Comptroller General report on provision of health, education, and 

support services for Exceptional Family Member Program enrollees (sec. 712) 

The House bill contained a provision (sec. 712) that would require the Comptroller General to evaluate the effect of the Exceptional Family Member Program on health and support services in 

selected civilian communities near military installations with a 

high concentration of Exceptional Family Member Program enrollees, and to submit a report to the Committees on Armed Services 

of the Senate and the House of Representatives no later than 

March 31, 2005. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would include in 

the Comptroller General’s assessment an evaluation of education 

services, including early childhood intervention and special education services required by Exceptional Family Member Program 

enrollees. The amendment would also require the report to be submitted no later than one year after the date of enactment of this 

Act. The conferees specifically request that the report include an 

718

assessment of the services available for family members with autism. 

Continuation of sub-acute care for transition period (sec. 713) 

The House bill contained a provision (sec. 714) that would 

allow the Secretary of Defense to extend previous benefits for parttime or intermittent home health care after the transition to new 

managed care contracts that result in a change of benefits. 

The Senate amendment contained a similar provision (sec. 

718). 

The House recedes. 

Improvements to pharmacy benefits program (sec. 714) 

The House bill contained a provision (sec. 715) that would prohibit the prescription drug cost-sharing requirements for Medicareeligible TRICARE beneficiaries from being in excess of the costsharing requirements applicable to non-Medicare-eligible beneficiaries. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would authorize 

the Secretary of Defense to consider additional determinations by 

the Department of Defense Pharmacy and Therapeutics Committee 

of the relative clinical and cost-effectiveness of the agents for a preferred formulary status at military treatment facilities. 

Professional accreditation of military dentists (sec. 715) 

The House bill contained a provision (sec. 716) that would 

allow the secretaries of the military departments to authorize the 

treatment of no more than 2,000 children under the age of 13 per 

year at certain military facilities offering residency training programs in oral and maxillofacial surgery and orthodontics.

The Senate amendment contained a similar provision (sec. 

713). 

The House recedes with a technical amendment. 

Temporary authority for waiver of collection of payments due for 

CHAMPUS benefits received by disabled persons unaware of 

loss of CHAMPUS eligibility (sec. 716) 

The House bill contained a provision (sec. 718) that would 

allow the Secretary of Defense to waive the collection of certain 

payments for health care services provided during a period of ineligibility between July 1, 1999 and December 31, 2004 for beneficiaries under age 65 entitled to Medicare on the basis of disability 

or end stage renal disease. The waiver would apply to those beneficiaries who were unaware of their loss of eligibility to receive 

health benefits at the time they were received. The provision also 

required a quarterly report to Congress on efforts to identify such 

individuals and actions taken when individuals are determined to 

be ineligible. 

The Senate amendment contained a similar provision (sec. 719) 

with no reporting requirement. 

The House recedes with a technical amendment. 

719

Services of marriage and family therapists (sec. 717) 

The Senate amendment contained a provision (sec. 714) that 

would clarify that certified marriage and family therapists can 

serve as health care professionals under sections 1091 and 1094 of 

title 10, United States Code. 

The House bill contained no similar provision. 

The House recedes. 

The conferees clarify that the term ‘‘marriage and family therapist’’ includes masters-level prepared psychologists who are licensed in marriage and family therapy. 

Chiropractic health care benefits advisory committee (sec. 718) 

The Senate amendment contained a provision (sec. 715) that 

would require the Secretary of Defense to establish a Chiropractic 

Health Care Benefits Advisory Committee to provide advice regarding the implementation of chiropractic benefits for active-duty 

members, and would require the Committee to meet no fewer than 

three times in each fiscal year beginning in 2005. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify that 

not less than three committee members appointed by the Secretary 

must be practicing representatives of the chiropractic health care 

profession. The amendment would also require that the Secretary 

submit a copy of the advisory committee report to the Committee 

on Armed Services of the Senate and the House of Representatives, 

including an explanation of the criteria used to determine full implementation of the current program, and views with regard to future implementation of chiropractic health care benefits. 

Subtitle C—Planning, Programming, and Management 

Pilot program for health care delivery (sec. 721) 

The House bill contained a provision (sec. 721) that would authorize the Secretary of Defense to conduct a pilot program for 

health care delivery to test a model for future health care delivery 

systems at one or more military installations where the military 

population is expected to expand. The model would focus on coordinating and leveraging the use of existing health care resources, to 

include federal, state, local, and contractor assets, to meet increased health care requirements. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would authorize 

the Secretary to conduct a health care delivery pilot program at 

two or more military installations for the purpose of testing a 

model of health care delivery that builds cooperative health care 

arrangements between military installations and local and regional 

civilian health care systems. 

The conferees find that with increasing requirements to repair 

or replace aging military treatment facilities and potential realignment of forces, the Department of Defense will be challenged to 

find new ways of providing enhanced health care for beneficiaries 

entitled to military health care. 

720

Study of provision of travel reimbursement to hospitals for certain 

military disability retirees (sec. 722) 

The House bill contained a provision (sec. 722) that would require the Secretary of Defense to conduct a study of the feasibility 

and desirability of providing retirees with combat-related disabilities travel and transportation benefits to receive medical treatment at military hospitals for two years after their retirement. The 

provision would also require the Secretary to report the results of 

the study to the congressional defense committees by March 1, 

2005. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would include all 

military disability retirees in the study. 

Study of mental health services (sec. 723) 

The House bill contained a provision (sec. 723) that would require the Secretary of Defense to conduct a study of mental health 

services available to members of the Armed Forces, to include an 

evaluation of the availability and effectiveness of mental health 

treatment and screening resources for members before and after 

deployment, and for the families of deployed members. The provision would also require an assessment of obstacles that prevent 

members of the Armed Forces and their families from obtaining 

mental health services, as well as identification of mental health 

problems unique to members of the Reserve component. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Comptroller General to conduct the study and submit a report to 

Congress by March 31, 2005. The amendment would also require 

the report to include recommendations for removing any obstacles 

to obtaining mental health services for members of the Reserve 

component. 

The conferees support the recommendations made by the 

Army’s Mental Health Advisory Team and direct the Secretary of 

the Army to provide a report by March 1, 2005, on the implementation of recommendations for providing mental health assistance to 

soldiers wanting help and educating soldiers on how to obtain help 

from forward-deployed mental health units. 

Policy for timely notification of next of kin of members seriously ill 

or injured in combat zones (sec. 724) 

The Senate amendment contained a provision (sec. 367) that 

would require the Secretary of Defense, not later than 120 days 

after the date of enactment of this Act, to prescribe the policy for 

providing timely notification to the next of kin of the status, including health and location of members of the Armed Forces who are 

seriously ill or injured in a combat zone. The provision also authorized an increase of $10.0 million in research, development, test and 

evaluation funding for medical equipment and combat casualty 

care technologies. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

The conferees honor the sacrifice of the members of the Armed 

Forces who have been killed or wounded while bravely serving in 

721

ongoing military operations and the heroic efforts of the medical 

personnel of the Armed Forces in treating wounded military personnel and civilians under combat conditions. In view of modern 

communications capabilities, the conferees believe the Department 

of Defense’s current policies relating to notification of next of kin 

about service members who have been seriously wounded or are 

gravely ill must be revised to include appropriate standards aimed 

at ensuring timely and ongoing communication, consistent with the 

desires of individual service members. 

The conferees agree to an increase of $5.3 million for combat 

casualty care technologies, which is reflected in the tables for title 

II of this Act. 

Revised funding methodology for military retiree health care benefits (sec. 725) 

The House bill contained a provision (sec. 1541) that would revise the process for funding the annual payments that are required 

to be paid into the Department of Defense Medicare-Eligible Retiree Health Care Accrual Fund. Beginning in fiscal year 2006, the 

Secretary of the Treasury would make the annual payments from 

the general fund of the Treasury. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of Defense to transmit certifications required under this 

Act to the Committees on Armed Services of the Senate and the 

House of Representatives immediately upon transmission to the 

Secretary of the Treasury. 

The conferees expect that the transmission of funding certifications will include all determinations by the Secretary of Defense 

concerning the amounts required for deposit into the Medicare-Eligible Retiree Health Care Accrual Fund beginning in fiscal year 

2006. 

Grounds for presidential waiver of requirement for informed consent 

or option to refuse regarding administration of drugs not approved for general use (sec. 726) 

The Senate amendment contained a provision (sec. 716) that 

would limit to national security interests the grounds on which the 

President could deny a service member the right to refuse an investigational new drug or product not approved for general use. 

The House bill contained no similar provision. 

The House recedes. 

TRICARE program regional directors (sec. 727) 

The conferees agree to include a provision which would require 

the Secretary of Defense to develop and report to the Committees 

on Armed Services of the Senate and the House of Representatives 

by March 1, 2005 recommendations for a formal TRICARE Regional Director selection process. The selection process would require the Secretary of each military department to nominate one 

commissioned officer in a grade above colonel or, for the Navy in 

a grade above the grade of captain, or a member of the Senior Executive Service. The provision would require that the recommendations of the Secretary include the qualifications for Regional DirecVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00747 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
722

tors, the period of assignment of a commissioned officer as a Regional Director and other requirements as prescribed by the Secretary.

The conferees expect that, among other duties as prescribed by 

the Secretary, the TRICARE Regional Director will be responsible 

for ensuring the adequacy of the number and types of civilian 

TRICARE providers, both in civilian networks and those who participate in the TRICARE Standard program. The conferees expect 

that the Regional Director will consider the requirement for the 

availability of TRICARE Standard providers to support members of 

the Reserve components and their families who are eligible to participate in TRICARE Standard, as authorized elsewhere in this 

Act. 

Subtitle D—Medical Readiness Tracking and Health Surveillance 

Medical readiness plan and Joint Medical Readiness Oversight 

Committee (sec. 731) 

The Senate amendment contained a provision (sec. 1301) that 

would require the Secretary of Defense to develop a comprehensive 

plan to improve medical readiness, and Department of Defense 

tracking of the health status of members of the Armed Forces; and 

to strengthen medical readiness tracking before, during, and after 

deployment of members of the Armed Forces overseas. The provision would also require the establishment by the Secretary of a 

Joint Medical Readiness Oversight Committee to advise the Secretary of Defense on medical readiness and health status of the 

members of the Active and Reserve components of the Armed 

Forces and to oversee the development of the comprehensive medical readiness plan required elsewhere in this Act. 

The House bill contained no similar provision. 

The House recedes with an amendment to include the Vice 

Chiefs of the military services as members of the committee, and 

a requirement that each year, before the committee submits its report to Congress, that the Secretary shall provide an opportunity 

for representatives of veterans and military health advocacy organizations, and others the Secretary of Defense considers appropriate, to comment on the report. The amendment requires that the 

report submitted to Congress shall include a summary of the comments received and the Secretary’s response to them. 

The conferees are concerned that a report published by the 

Comptroller General in September 2004, entitled ‘‘DoD Needs to 

Address Long-term Reserve Force Availability and Related Mobilization and Demobilization Issues,’’ continues to identify problems 

in the management of the health status of Reserve forces by the 

Department of Defense. The report finds that, ‘‘DoD’s ability to effectively manage the health status of its reserve forces is limited 

because its centralized database has missing and incomplete health 

records and it has not maintained full visibility over reserve component members with medical problems.’’ The conferees expect the 

committee and the comprehensive plan authorized in this Act to 

promptly address the ongoing issues identified by the Comptroller 

General for the Reserve component, as well as all those matters 

concerning medical readiness, health surveillance, and force health 

723

protection for both active-duty and Reserve components delineated 

in this Act. 

Medical readiness of Reserves (sec. 732) 

The Senate amendment contained a provision (sec. 1302) that 

would require the Comptroller General to conduct a study of the 

health of members of the Reserve components who have been ordered to active duty in support of Operation Enduring Freedom 

and Operation Iraqi Freedom. The study would review the health 

and medical fitness of Reserves when they were ordered to active 

duty, the effects of their health status on planning and deployment 

schedules, and compliance by military personnel with Department 

of Defense policies on medical and physical fitness applicable to the 

reserve components. The provision would also require health assessments not less frequently than once every two years, using the 

pre-deployment health assessments required under section 1074f of 

title 10, United States Code, as the minimum standard. The provision would require the review of pre-deployment health assessments by a medical professional and any follow-up care that is required by the member. The Senate provision would further require 

improvement to the pre-deployment assessment form currently in 

use by the Department, and development of a uniform policy on deferral of medical treatment pending deployment to theaters of operations. 

The House bill contained no similar provision. 

The House recedes with an amendment to clarify that followup care and treatment provided to Reserve members is care that 

is otherwise authorized for medical and dental readiness. 

Baseline health data collection program (sec. 733) 

The Senate amendment contained a provision (sec. 1303) that 

would require the Secretary of Defense to collect baseline health 

data from each person entering the Armed Forces, and to provide 

for the computerized compilation and maintenance of the data. The 

provision would also establish interim standards for blood sampling, not less than 60 days prior to deployment and not later than 

30 days after the date on which the deployment ends. 

The House bill contained no similar provision. 

The House recedes with an amendment to require that blood 

samples be drawn not earlier than 120 days before the date of deployment. The amendment would require the application of interim 

standards for blood sampling unless the Joint Medical Readiness 

Oversight Committee established elsewhere in this Act recommends, and the Secretary approves, a different standard. 

The conferees expect that in the development of the health 

baseline data collection program required by this title, the Department of Defense will work jointly with the Department of Veterans 

Affairs to examine coding and terminology for all computerized 

medical data systems to ensure compatibility with those computerized medical data systems of the Department of Veterans Affairs. 

The conferees acknowledge that much progress has been made in 

achieving compatibility of medical information systems, both in the 

clinical setting, such as the Federal Health Information Exchange, 

and in support of field operational units, such as the Special OperVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00749 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
724

ations Forces Medics system. The conferees urge the Department 

of Defense to continue such efforts with the Department of Veterans Affairs, which are necessary to improve continuity of care. 

Medical care and tracking and health surveillance in the theater of 

operations (sec. 734) 

The Senate amendment contained a provision (sec. 1304) that 

would require the Secretary of Defense to establish a policy on 

health record keeping in the theater of operations, and to evaluate 

and report to Congress on the strengths and weaknesses and recommend changes to mandatory record keeping systems for military 

personnel in the theater. The report would also include a summary 

of scientific literature on blood sampling, and a recommendation for 

changes to regulations and standards for blood sampling. The provision would require that the Secretary develop a plan for obtaining all records of medical treatment provided to members of the 

Armed Forces by allies of the United States in Operation Enduring 

Freedom and Operation Iraqi Freedom. The provision would also 

require the Secretary to prescribe a policy on the collection and dissemination of in-theater individual personnel location data. 

The House bill contained no similar provision. 

The House recedes. 

Declassification of information on exposures to environmental hazards (sec. 735) 

The Senate amendment contained a provision (sec. 1305) that 

would require the Secretary of Defense to review and revise as appropriate the classification policies of the Department of Defense to 

facilitate the declassification of data that is potentially useful for 

monitoring and assessing the health of members of the Armed 

Forces who have been exposed to environmental hazards during 

overseas deployments. 

The House bill contained no similar provision. 

The House recedes. 

Report on training on environmental hazards (sec. 736) 

The Senate amendment contained a provision (sec. 1306) that 

would require a report by the Secretary of Defense to the Committees on Armed Services of the Senate and the House of Representatives on the training on environmental hazards that is provided by 

the Armed Forces to medical personnel who are deployed to the 

field in support of combat personnel. The provision would also require a report to congressional defense committees on actions taken 

by Department of Defense officials in response to health concerns 

expressed by members of the Armed Forces during post-deployment 

health assessments. 

The House recedes with an amendment to remove the reporting requirement on actions taken by Department officials in response to health concerns expressed by members of the Armed 

Forces during post-deployment health assessments from this provision. 

The conferees intend that the report required by this provision 

on actions taken by Department officials to health concerns expressed by members of the Armed Forces during post-deployment 

725

health assessments will be addressed by a reporting requirement 

elsewhere in this Act. 

Uniform policy for meeting mobilization-related medical care needs 

at military installations (sec. 737) 

The Senate amendment contained a provision (sec. 1307) that 

would require the Secretary of Defense to prescribe through regulations a policy to ensure that anticipated health needs of members 

of the Armed Forces at mobilization installations can be met at 

those installations. The policy would include procedures for arrangements for health care provided by the Secretary of Veterans 

Affairs, services of local health care providers, and temporary employment of health care personnel at such installations. 

The House bill contains no similar amendment. 

The House recedes with an amendment to clarify the definition 

of the term military installation, and to require the Secretary of 

Defense to establish a uniform policy through the secretaries concerned and military command structure for meeting anticipated 

health needs at mobilization installations. 

Full implementation of Medical Readiness Tracking and Health 

Surveillance Program and Force Health Protection and Readiness Program (sec. 738)

The Senate amendment contained a provision (sec. 1308) that 

would require the Secretary of Defense, acting through the Under 

Secretary of Defense for Personnel and Readiness and in conjunction with the secretaries of the military departments, to fully implement at all levels the Medical Readiness Tracking and Health 

Surveillance Program under this title, and the Force Health Protection and Readiness Program of the Department of Defense. 

The House recedes. 

Reports and Internet accessibility relating to health matters (sec. 

739) 

The Senate amendment contained a provision (sec. 1309) that 

would require the Secretary of Defense to submit annually to the 

Committees on Armed Services of the Senate and the House of 

Representatives a report on the Force Health Protection Quality 

Assurance Program. The provision would require that the report 

include an audit of the extent to which the serum samples required 

to be obtained from members of the Armed Forces before and after 

deployment are stored in the serum repository of the Department 

of Defense, and an audit of the extent to which health assessments 

required before and after deployment are being maintained in the 

electronic database of the Defense Medical Surveillance System. 

The provision would also require that the annual report to the 

congressional defense committees include an analysis of actions 

taken by the Department to respond to health concerns expressed 

by members of the Armed Forces upon return from a deployment, 

and an analysis of actions taken by Department personnel to evaluate or treat members of the Armed Forces who are confirmed to 

have been exposed to occupational or environmental hazards deleterious to their health during a deployment. 

726

The provision would include a requirement for an annual report on compliance by the military departments with Department 

policy on recording of health assessment data in military health 

records. The provision would also require that the Chief Information Officer of each military department ensure that information on 

Department policies regarding pre-deployment and post-deployment health policies are available through an online portal website 

of that military department. 

The House bill contains no similar amendment. 

The House recedes with an amendment to remove the requirement for a report on actions taken by the Department to evaluate 

or treat former members of the Armed Forces who are confirmed 

to have been exposed to occupational or environmental hazards 

during deployment. The amendment would also clarify that health 

assessment data required in section 1074(f) of title 10, United 

States Code, would be recorded in military health records. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Demonstration project on health benefits for Reserves 

The House bill contained a provision (sec. 701) that would require the Secretary of Defense to conduct a three-year demonstration project to provide TRICARE coverage for Ready Reserve members not on active duty who are ineligible for employer-sponsored 

health benefits. The purpose of the demonstration would be to determine whether such coverage enhances medical readiness, recruiting, and retention of Reserve component members. 

The Senate amendment contained a provision (sec. 701) that 

would direct the Secretary to carry out a demonstration project 

under section 1092 of title 10, United States Code, to determine the 

need for, and feasibility of, providing benefits under TRICARE to 

members of the Ready Reserve who are eligible for unemployment 

compensation, continuously unemployed after the expiration of 

such compensation, or ineligible for employer-provided health care 

coverage. 

The conference agreement does not include these provisions. 

The conferees acknowledge the preference of the Secretary to 

conduct a demonstration project and expect the Secretary to proceed with a demonstration project to assess the feasibility and effectiveness of providing TRICARE benefits to Reserve members 

without employer-provided health insurance coverage using existing authority in section 1092 of title 10, United States Code. The 

conferees request that the Comptroller General include in the evaluation of the needs of Reserves for health care required by section 

705 of the National Defense Authorization Act for Fiscal Year 2004 

(Public Law 108–136) a report on actions taken by the Department 

to prepare for a demonstration project on the feasibility of providing TRICARE benefits to Reserve members without employerprovided health insurance. 

727

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

The Senate amendment contained a provision (sec. 707) that 

would direct the Secretary of Defense to pay private health insurance premiums for the dependents of a Reserve member ordered to 

extended active duty and who would then not be eligible for 

TRICARE. 

The House bill contained no similar provision. 

The Senate recedes.

Exceptional eligibility for TRICARE Prime Remote 

The House bill contained a provision (sec. 713) that would authorize the Secretary of Defense to waive all restrictions with regard to TRICARE Prime Remote medical coverage for active-duty 

family members that reside at a remote location without regard to 

the sponsor’s current or past assignment. Such a waiver would 

occur if the Secretary determines that exceptional circumstances 

warrant such coverage. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees believe that there exist today situations of extreme hardship for beneficiaries, particularly minor children, 

caused by exceptional circumstances through no fault of their own 

and beyond their control. The conferees urge the Secretary to look 

within existing authorities for means to remedy these extreme circumstances. If existing authorities do not allow for such remedy, 

the Secretary shall submit to Congress recommendations to address such exceptional situations. 

Addition of certain unremarried former spouses to persons eligible 

for dental insurance plan of retirees of the uniformed services 

The House bill contained a provision (sec. 717) that would permit certain unremarried former spouses of a member or former 

member to participate in the TRICARE Retiree Dental Program, if 

they do not have dental coverage under an employer-sponsored 

health plan. 

The Senate amendment contained no similar provision. 

The House recedes. 

Vaccine Healthcare Centers Network 

The Senate amendment contained a provision (sec. 720) that 

would require the Secretary of Defense to establish the Vaccine 

Healthcare Centers Network for the purpose of monitoring adverse 

reactions of members of the Armed Forces to vaccines and, in addition, to improve the safety and quality of vaccine administration for 

members of the Armed Forces. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees acknowledge that the Vaccine Healthcare Centers in existence today have made contributions to the quality monitoring system for adverse reactions to anthrax and smallpox immunization programs conducted by the Department of Defense. The 

Secretary should examine the feasibility and necessity of the estabVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00753 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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lishment of an expanded Vaccine Healthcare Centers Network in 

the context of a review of the adequacy of existing clinical immunization safety, educational, training and research programs for military members and providers involved in immunization of military 

service members. The Secretary should also make recommendations on improvements as necessary in submission of data to the 

Vaccine-related Events Reporting System, and access to clinical 

management services for members who experience vaccine adverse 

events. 

The conferees strongly encourage each of the military departments to continue to provide funds required by the existing Vaccine 

Healthcare Centers based on each service’s share of the total force 

vaccinated. 

Use of Department of Defense funds for abortion 

The Senate amendment contained a provision (sec. 721) that 

would authorize the use of Department of Defense funds for abortions in cases in which a pregnancy occurred as a result of an act 

of rape or incest. 

The House bill contained no similar provision. 

The Senate recedes. 

United States Military Cancer Institute 

The Senate amendment contained a provision (sec. 914) that 

would establish a United States Military Cancer Institute within 

the Uniformed Services University of the Health Sciences. The institute would conduct research on the causes, prevention, and early 

detection of cancer, including epidemiological features of cancer 

and impact of genetic and environmental factors and disparities in 

health among populations of various ethnic origins. The research 

would also include research on oncologic nursing. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees acknowledge that the United States Military 

Cancer Institute continues to operate under the auspices of the 

Uniformed Services University of the Health Sciences, and has received appropriations since fiscal year 2002. The conferees commend the United States Military Cancer Institute for its worthy 

contributions to cancer research, prevention, and treatment. 

Use of civilian experts as consultants 

The Senate amendment contained a provision (sec. 1310) that 

would clarify that nothing contained in amendments to this title 

should be construed to limit the authority of the Secretary of Defense to procure the services of experts outside the Federal Government for performing any function to comply with requirements for 

readiness tracking and health surveillance. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees expect that the Secretary will use existing authority to procure the services of outside experts as needed for any 

of the requirements of this title.

(729)

TITLE VIII—ACQUISITION POLICY, ACQUISITION 

MANAGEMENT, AND RELATED MATTERS 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Acquisition Policy and Management 

Software-related program costs under major defense acquisition programs (sec. 801) 

The Senate amendment contained a provision (sec. 802) that 

would modify existing quarterly acquisition reports submitted to 

Congress by the Secretary of Defense to include information on significant changes in the cost, schedule, or performance of the computer software component of each major defense acquisition program. 

The House bill contained no similar provision. 

The House recedes with an amendment that would delay the 

effective date of the provision. 

Internal controls for Department of Defense procurements through 

General Services Administration Client Support Centers (sec. 

802) 

The Senate amendment contained a provision (sec. 803) that 

would prohibit Department of Defense officials from placing orders 

in excess of $100,000 through a Client Support Center (CSC) of the 

Federal Technology Service of the General Services Administration 

(GSA) until the Department Inspector General, in consultation 

with the GSA Inspector General, determines that the CSC has in 

place the policies, procedures, and internal controls necessary to 

ensure compliance with requirements of law and regulation. 

The House bill contained no similar provision. 

The House recedes with an amendment that would: (1) extend 

the time frame for Inspector General review of the policies, procedures, and internal controls of the GSA Client Support Centers; (2) 

permit the Department to continue contracting for an additional 

year with any CSC that is making significant progress toward implementing effective policies, procedures, and internal controls; (3) 

require a second Inspector General review and determination at 

the end of the additional year; and (4) authorize the Under Secretary of Defense for Acquisition, Technology and Logistics to continue contracting through a CSC that has failed to implement appropriate policies, procedures, and internal controls, if he determines that it is necessary to do so in the interest of the Department. 

730

Defense commercial communications satellite services procurement 

process (sec. 803) 

The Senate amendment contained a provision (sec. 804) that 

would require the Secretary of Defense to review alternative mechanisms for procuring commercial satellite services, and provide 

guidance to the Director of the Defense Information Services Agency and the secretaries of the military departments on how such 

procurements should be conducted. 

The House bill contained no similar provision. 

The House recedes with an amendment that would modify the 

reporting requirement, and require a 30 day waiting period after 

the submission of the report during which the Secretary could not 

enter into a new contract for commercial satellite services unless 

the Secretary determines that such a contract is required to meet 

urgent national security requirements. 

Contractor performance of acquisition functions closely associated 

with inherently governmental functions (sec. 804) 

The Senate amendment contained a provision (sec. 867) that 

would limit contracting for functions closely associated with inherently governmental functions unless the Secretary of Defense determines that: (1) appropriate military or civilian personnel are not 

available to perform such function; (2) appropriate military or civilian personnel are able to supervise and perform all inherently governmental functions; and (3) the contractor to perform the function 

does not have an organizational conflict of interest or the appearance of an organizational conflict of interest. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify the 

applicability of the provision, and require the agency to address 

any potential contractor organizational conflict of interest consistent with subpart 9.5 of part 9 of the Federal Acquisition Regulation and the best interest of the Department of Defense. 

Sustainment plans for existing systems while replacement systems 

are under development (sec. 805) 

The House bill contained a provision (sec. 821) that would require the Department of Defense to plan and budget for the 

sustainment and modernization of current military systems until 

such time that the replacement system under development is fielded and assumes responsibility for the mission.

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would clarify the 

requirements of the provision and delete annual review and reporting requirements. 

Applicability of competition exceptions to eligibility of National 

Guard for financial assistance for performance of additional 

duties (sec. 806) 

The Senate amendment contained a provision (sec. 863) that 

would clarify that exceptions to competition requirements provided 

in the Competition in Contracting Act (10 U.S.C. 2304), apply to 

support activities provided by the Army National Guard under the 

authority of section 113(b) of title 32, United States Code. 

731

The House bill contained no similar provision. 

The House recedes. 

Inflation adjustment of acquisition-related dollar thresholds (sec. 

807) 

The House bill contained a provision (sec. 807) that would authorize the Federal Acquisition Regulatory Council to amend the 

dollar threshold of procurement statutes in accordance with inflationary rates in order to maintain the constant dollar value of the 

threshold. This section would not authorize adjustments to the 

Davis-Bacon Act (40 U.S.C. 276(a)), the Service Contract Act of 

1965 (Public Law 89–286), or title III of the Trade Agreements Act 

of 1979 (Public Law 96–39). 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would: (1) codify 

the provision in the Office of Federal Procurement Policy Act; (2) 

make adjustment to acquisition thresholds mandatory rather than 

discretionary to ensure that all thresholds are adjusted in the same 

way; (3) establish a petition process for thresholds omitted by the 

Federal Acquisition Regulatory Council; (4) supercede other inflation adjustment statutes to ensure there is no conflicting authority; 

and (5) address procurement thresholds enacted in law after October 1, 2000. 

Subtitle B—Amendments to General Contracting Authorities, 

Procedures, and Limitations 

Rapid acquisition authority to respond to combat emergencies (sec. 

811) 

The House bill contained a provision (sec. 801) that would authorize the Secretary of Defense to establish a streamlined acquisition process for use when combat fatalities have occurred, the combatant commander has an urgent need of equipment, and delay 

would cause a continuation of combat fatalities. This process is to 

be used as a ‘quick start’ bridge to the normal acquisition process. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would incorporate the new authority into section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 

107–314), provide for waivers to be made on a case-by-case basis, 

and clarify that a program initiated under this authority must 

transition to the traditional acquisition process within two years. 

Defense acquisition workforce improvements (sec. 812) 

The House bill contained a provision (sec. 802) that would 

amend various sections of the Defense Acquisition Workforce Improvement Act, chapter 87 of title 10, United States Code. 

The Senate amendment contained a similar provision (sec. 

842). 

The House recedes with an amendment that would: (1) clarify 

the selection criteria for the acquisition corps and for critical acquisition positions; and (2) streamline the provision addressing scholarship program requirements. 

732

Period for multiyear task and delivery order contracts (sec. 813) 

The House bill contained a provision (sec. 803) that would 

amend section 2304(a) of title 10, United States Code, to clarify 

time limitations for options in task and delivery order contracts. 

The Senate amendment contained a similar provision (sec. 

812). 

The House recedes with an amendment to limit the base period 

of a task and delivery order contract to five years, with options for 

up to an additional five years, for a total period of not more than 

ten years. Task and delivery order contracts may have more than 

five option years, if the head of an agency determines in writing 

that exceptional circumstances necessitate a longer contract period. 

Funding for contract ceilings for certain multiyear procurement contracts (sec. 814) 

The House bill contained a provision (sec. 804) that would

amend section 2306b(g) and section 2306c(d) of title 10, United 

States Code, to require the head of the agency concerned to provide 

written notification to the congressional defense committees in 

those instances when cancellation costs that are above $100.0 million are not fully funded. The written notification would include a 

financial risk assessment for not fully funding the cancellation ceiling. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would not require 

the head of the agency to identify up-front funding sources for potential contract cancellation. 

Increased threshold for senior procurement executive approval of use 

of procedures other than competitive procedures (sec. 815) 

The Senate amendment contained a provision (sec. 811(a)) that would raise from $50.0 million to $75.0 million the threshold in 

section 2304(f)(1)(B)(iii) of title 10, United States Code, for requiring approval of the senior procurement executive of an agency to 

award contracts under other than competitive procedures. 

The House bill contained no similar provision. 

The House recedes. 

Section 811(b) of the Senate amendment is addressed elsewhere in this conference report. 

Increased threshold for applicability of requirement for defense contractors to provide information on subcontracting authority of 

contractor personnel to cooperative agreement holders (sec. 816) 

The House bill contained a provision (sec. 805) that would in- crease from $500,000 to $1.0 million the threshold in section 

2416(d) of title 10, United States Code, at which contractors must 

provide to cooperative agreement holders a listing of the names 

and contact information of each contractor employee who has authority to enter into contracts, including subcontracts. 

The Senate amendment contained a similar provision (sec. 

811(b)). 

The Senate recedes. 

Section 811(a) of the Senate amendment is addressed elsewhere in this conference report. 

733

Extension of authority for use of simplified acquisition procedures 

(sec. 817) 

The House bill contained a provision (sec. 806) that would 

amend section 4202(e) of the Clinger-Cohen Act of 1996 (Public 

Law 104–106) by extending until October 1, 2009, the time frame 

in which the secretary of an executive agency may use simplified 

procedures to purchase commercial items that have a value of $5.0 

million or less. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would extend this 

authority for two years. 

Submission of cost or pricing data on noncommercial modifications 

of commercial items (sec. 818) 

The Senate amendment contained a provision (sec. 813) that 

would require contractors for Department of Defense contracts to 

submit cost or pricing data on noncommercial modifications to commercial items, if the modifications are expected to cost in excess of 

$500,000. 

The House bill contained no similar provision. 

The House recedes with an amendment that would modify the 

requirement to apply to noncommercial modifications that are expected to cost in excess of $500,000 or five percent of the total price 

of the contract, whichever is greater. 

Delegations of authority to make determinations relating to payment 

of defense contractors for business restructuring costs (sec. 819) 

The Senate amendment contained a provision (sec. 814) that 

would permit the Secretary of Defense to delegate below the level 

of an Assistant Secretary of Defense the authority to pay defense 

contractors for restructuring costs associated with business combinations in cases where the amount of restructuring costs over a 

five year period is expected to be under $25.0 million. In no case 

could this authority be delegated below the Director of the Defense 

Contract Management Agency. 

The House bill contained no similar provision. 

The House recedes. 

Availability of Federal supply schedule supplies and services to 

United Service Organizations, Incorporated (sec. 820) 

The Senate amendment contained a provision (sec. 870) that 

would clarify that the Secretary of Defense may provide the United 

Service Organizations access to the Federal Supply Schedule of the 

General Services Administration. 

The House bill contained no similar provision. 

The House recedes. 

Addition of landscaping and pest control services to list of designated industry groups participating in the small business 

competitiveness demonstration program (sec. 821)

The House bill contained a provision (sec. 3601) that would add 

landscaping and pest control services to the list of designated industry groups participating in the small business competitiveness 

demonstration program. 

734

The Senate amendment contained no similar provision. 

The Senate recedes. 

Increased thresholds under special emergency procurement authority (sec. 822) 

The conferees agree to include a provision that would increase 

the dollar thresholds below which the Department of Defense may 

use streamlined acquisition procedures for purchases outside the 

United States in support of a contingency operation or to facilitate 

the defense against or recovery from nuclear, biological, chemical, 

or radiological attack against the United States. The provision included in the conference report would raise the simplified acquisition threshold for such purchases from $500,000 to $1,000,000 and 

it would raise the micropurchase threshold for such purchases from 

$15,000 to $25,000. 

Subtitle C—United States Defense Industrial Base Provisions 

Defense trade reciprocity (sec. 831) 

The House bill contained a provision (sec. 811) that would limit 

the ability of the Secretary of Defense to purchase defense items 

from countries that impose offset regulations or policies on purchases of defense items from the United States. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of Defense to develop a defense acquisition trade policy 

designed to eliminate any adverse impact of offset agreements in 

defense trade. 

Assessment and report on the acquisition of polyacrylonitrile (PAN) 

carbon fiber from foreign sources (sec. 832) 

The House bill contained a provision (sec. 813) that would require the Secretary of Defense to delay phasing out of the restriction of acquisition of polyacrylonitrile (PAN) carbon fiber from foreign sources for three years. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would delay the 

phase out of the domestic source restriction for PAN carbon fibers 

for 30 days after the Secretary of Defense provides to the Committees on Armed Service of the Senate and the House of Representatives a report on an assessment of the domestic and international 

industrial structure that produces PAN carbon fibers and market 

trends for the product. 

Subtitle D—Extensions of Temporary Program Authorities 

Extension of mentor-protege program (sec. 841) 

The Senate amendment contained a provision (sec. 822) that 

would extend for five years the pilot Mentor-Protege program established by section 831 of the National Defense Authorization Act 

for Fiscal Year 1991 (Public Law 101–510). 

The House amendment contained no similar provision.

735

The House recedes with an amendment requiring a review of 

the implementation and effectiveness of the Mentor-Protege program. 

Amendment to mentor-protege program (sec. 842) 

The Senate amendment contained a provision (sec. 1083) that 

would permit HUBZone small business concerns and small business concerns owned and controlled by service-disabled veterans to 

participate in the Department of Defense’s Mentor-Protege program. 

The House bill contained no similar provision. 

The House recedes. 

Extension of test program for negotiation of comprehensive small 

business subcontracting plans (sec. 843) 

The Senate amendment contained a provision (sec. 823) that 

would extend for five years the test program for negotiation of comprehensive small business subcontracting plans established by section 834 of the National Defense Authorization Act for Fiscal Years 

1990 and 1991 (Public Law 101–189). Under the test program, 

prime contractors may submit a plan designed to provide the maximum subcontracting opportunity for small, disadvantaged, and 

women-owned small business concerns that covers all anticipated 

contracts on a plant, division, or corporate basis, rather than for 

each Federal contract and subcontract of more than $500,000 (or 

$1.0 million in the case of construction contracts) awarded as required under section 8(d) of the Small Business Act (Public Law 

85–536, as amended).

The House bill contained no similar provision. 

The House recedes. 

Extension of pilot program on sales of manufactured articles and 

services of certain Army industrial facilities (sec. 844) 

The Senate amendment contained a provision (sec. 824) that 

would extend for five years the pilot program for the sale of manufactured articles and services from Army industrial facilities enacted in the National Defense Authorization Act for Fiscal Year 

1998 (Public Law 105–85). This program tests the efficiency and 

appropriateness of selling manufactured articles and services at 

Army facilities under the authority of section 4543 of title 10, 

United States Code, without regard to the availability of the articles and services from U.S. commercial sources. 

The House bill contained no similar provision. 

The House recedes. 

Subtitle E—Other Acquisition Matters 

Review and demonstration project relating to contractor employees 

(sec. 851) 

The House bill contained a provision (sec. 822) that would require the Secretary of Defense to conduct a review of Department 

of Defense policies, procedures, and practices relating to employees 

of defense contractors and their subcontractors. The provision also 

require the Secretary to conduct a demonstration program for the 

736

procurement of military construction, renovation, maintenance or 

repair service on military installations to ensure employees are 

properly authorized to be employed in the United States and properly qualified to perform the services required under the contract. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would give the 

Secretary of Defense general discretion over the types of procurement procedures used in the demonstration project. 

Inapplicability of certain fiscal laws to settlements under special 

temporary contract closeout authority (sec. 852) 

The Senate amendment contained a provision (sec. 861) that 

would clarify the authority to settle financial accounts for old contracts that have unreconciled balances of less than $100,000 under 

section 804 of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136). 

The House bill contained no similar provision. 

The House recedes. 

Contracting with employers of persons with disabilities (sec. 853) 

The Senate amendment contained a provision (sec. 868) that 

would provide for the continuation and completion of existing contracts (including any options) awarded to the blind and severely 

disabled for the operation of military troop dining facilities, military mess halls, and other similar military dining facilities. 

The House bill contained no similar provision. 

The House recedes with an amendment that would cover contracts awarded under the Randolph-Sheppard Act (28 U.S.C. 107). 

Defense procurements made through contracts of other agencies (sec. 

854) 

The Senate amendment contained a provision (sec. 815) that 

would prohibit the Department of Defense from paying more than 

a 1 percent service charge for using other agency contracts to purchase goods and services. 

The House bill contained no similar provision. 

The House recedes with an amendment that would delete the 

prohibition on paying fees in excess of 1 percent of the amount 

charged by the contractor and substitute: (1) a requirement that 

the procurement is done in accordance with military department or 

defense agency procedures for reviewing and approving the use of 

non-Department contracts; and (2) a reporting requirement for all 

service charges imposed on purchases in amounts greater than the 

simplified acquisition threshold in fiscal years 2005 and 2006. Approvals of inter-agency transactions under this provision should be 

in writing, with supporting rationale, and retained in an official 

file. 

The conferees expect the Department’s review and approval 

procedures to ensure that any fees are reasonable in relation to the 

work actually performed by the contracting agency. The conferees 

do not believe that the Department should pay fees in excess of 1 

percent to an outside agency that merely acts as a conduit for Department requirements. The conferees are particularly concerned 

that in some instances, the Department’s orders appear to have 

737

been awarded to contractors who charge their own fees for directing the work to preferred subcontractors without providing any 

value added. 

The conferees also expect the Department’s review and approval procedures to ensure that the goods or services to be procured are within the scope of the non-Department contract vehicle, 

and that the supplies or services to be acquired are consistent with 

the appropriated funding to be utilized. In addition, the Department’s review and approval procedures should ensure that orders 

placed against non-Department contracts are in compliance with 

all applicable Department-unique statutes, regulations, directives, 

and other requirements prior to approval. The use of multiple 

award contracts must be consistent with the requirements of section 803 of the National Defense Authorization Act for Fiscal Year 

2002 (Public Law 107–107 (Competition Requirements for Purchase 

of Services Pursuant to Multiple Award Contracts)); Part 8.002 of 

the Federal Acquisition Regulation (Priorities for Use of Government Supply Sources); Part 17.5 of the Federal Acquisition Regulation (Interagency Acquisitions under the Economy Act); and the 

Department of Defense Instruction 4000.19 (Interservice and Intergovernmental Support). Purchases of information technology should 

also be consistent with Department information security requirements and the requirements of the Department business system 

enterprise architecture and transition plan. Officials should be familiar with the requirements of the basic contract and should provide to the assisting agency any Department-unique requirements 

associated with the acquisition. 

Requirements relating to source selection for integrated support of 

aerial refueling aircraft fleet for the Air Force (sec. 855) 

The Senate amendment contained a provision (sec. 871) that 

would require the Secretary of Defense to prevent the Secretary of 

the Air Force from proceeding with the acquisition of aerial refueling aircraft, by lease or other contract, either with full and open 

competition or under section 135 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136) until 60 days 

after the Secretary of Defense has reviewed applicable documentation and submitted a determination to the congressional defense 

committees that the acquisition is in compliance with all currently 

applicable laws, Office of Management and Budget circulars, and 

regulations. The provision would also require an independent review of the acquisition by the Comptroller General and the Inspector General of the Department of Defense. The provision would also 

require operational testing prior to proceeding beyond low-rate initial production of the aircraft. The provision would also require a 

competition for the integrated support of the aircraft, and require 

pricing information with respect to commercial items covered by 

the lease or contract. The provision would also require the Secretary of the Air Force to contact the Inspector General of the Department of Defense to review and approve any Air Force use of 

non-Federal audit services for any lease or other contract for the 

acquisition of aerial refueling aircraft. 

The House bill contained no similar provision. 

738

The House recedes with an amendment to require the Department to review the costs and benefits of using federal employees 

or contractors for the logistics support of any new tanker aircraft 

and, if the Air Force chooses to use a contractor for this support, 

that any such contract be conducted under the procedures of the 

Competition in Contracting Act. 

The conferees understand that the Department is working on 

a new aerial refueling validated capabilities document in accordance with applicable Chairman of Joint Chiefs Instructions. The 

conferees also note that on February 24, 2004, the Acting Undersecretary of Defense for Acquisition, Technology and Logistics directed the Secretary of the Air Force to conduct an analysis of alternatives (AOA) for recapitalizing the KC–135 fleet as required by 

section 134(b) of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136), and that the Secretary of Defense 

has directed that this analysis, along with a completed aerial refueling portion of the mobility capabilities study be accelerated. In 

addition, at the direction of the Secretary, the National Defense 

University, the Defense Science Board and the Department of Defense Inspector General prepared independent evaluations on various aspects of the aerial tanker refueling issue. The conferees expect that the Secretary of Defense will fully consider all of the recommendations from these studies and reports prior to proceeding 

with the acquisition of aerial refueling aircraft for the Air Force. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Responsibilities of acquisition executives and chief information officers under the Clinger-Cohen Act 

The Senate amendment contained a provision (sec. 801) that 

would require that the Clinger-Cohen Act requirements as applied 

to weapons and weapon systems be administered by senior acquisition executives of the three military services and overseen by a 

board of senior acquisition officials. 

The House bill contained no similar provision. 

The Senate recedes. 

The Clinger-Cohen Act (40 U.S.C. 113) establishes requirements for capital planning, investment control, and performance 

and results-based management processes in the acquisition of information technology. While the Clinger-Cohen Act designates that 

the Chief Information Officer (CIO) is responsible for information 

technology in general, the Act does not specify who within the Department of Defense is responsible for administering these requirements for information technology embedded in major weapon systems. The Department’s current practice is to administer the requirements of the Clinger-Cohen Act through the Department’s 

CIO, even for information technology embedded in major weapon 

systems that are acquired by senior acquisition executives of the 

military departments. This approach raises the possibility of overlapping responsibilities and inefficient and/or duplicative procedures for the acquisition of information technology embedded in 

major weapon systems. 

Therefore, the conferees direct the Secretary of Defense to review the Department’s current approach to implementing the reVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00764 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
739

quirements of the Clinger-Cohen Act with respect to information 

technology embedded in major weapon systems; the conferees also 

direct the Secretary to identify any overlapping responsibilities and 

inefficient and/or duplicative procedures arising from possible dual 

responsibilities of the CIO and senior acquisition executives for the 

acquisition of such information systems. The conferees further direct the Secretary to report to the congressional defense committees and the Committee on Governmental Affairs of the Senate and 

the Committee on Governmental Reform of the House of Representatives no later than June 15, 2005, on the Department’s strategy 

for addressing any such overlapping responsibilities and inefficient 

and/or duplicative procedures, including any legislative changes 

that the Secretary may choose to recommend. 

Revision and extension of authority for advisory panel on review of 

government procurement laws and regulations 

The Senate amendment contained a provision (sec. 805) that 

would revise and extend the authority for the advisory panel on the 

review of government procurement laws and regulations established by section 1423 of the National Defense Authorization Act 

for Fiscal Year 2004 (Public Law 108–136). 

The House bill contained no similar provision. 

The Senate recedes. 

Amendments to domestic source requirements 

The House bill contained a provision (sec. 812) that would 

amend section 2533a of title 10, United States Code, also known 

as the Berry Amendment, to require the Secretary of Defense to 

notify Congress and the public when the Secretary exercises a 

waiver and describe certain covered items as clothing. 

The Senate amendment contained no similar provision. 

The House recedes. 

Grant program for defense contractors to implement strategies to 

avoid outsourcing of jobs 

The House bill contained a provision (sec. 814) that would authorize the Secretary of Defense to award grants to qualified defense contractors in order to assist the contractor in avoiding the 

outsourcing of jobs. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees recognize that improving competitiveness in the 

defense industrial base is an effective method of retaining domestic 

defense jobs and reducing the pressure to outsource jobs. 

The conferees recommend that the Secretary of Defense establish a program to encourage qualified defense contractors to implement cost reduction strategies that would improve competitiveness 

to avoid the outsourcing of jobs. Examples of such strategies could 

include retraining employees, plant upgrades, technology development, and other production cost-cutting measures. 

Preference for domestic freight forwarding services 

The House bill contained a provision (sec. 815) that would require the Secretary of Defense to grant preferences to freight forVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00765 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
740

warder companies owned and controlled by U.S. citizens that offer 

fair and reasonable rates in the award of transportation service 

contracts for transportation services to, from, or within Iraq or Afghanistan. 

The Senate amendment contained no similar provision. 

The House recedes. 

Sense of the Senate of effects of cost inflation on the value of the 

contracts to which a small business contract reservation applies 

The Senate amendment contained a provision (sec. 816) that 

would express the sense of the Senate that the thresholds for the 

requirement for the reservation of contracts for small businesses 

and the use of simplified acquisition procedures should be adjusted 

in the same amount when adjusting these thresholds for inflation. 

The House bill contained no similar provision. 

The Senate recedes. 

Extension of contract goal for small disadvantaged businesses and 

certain institutions of higher education 

The Senate amendment contained a provision (sec. 821) that 

would extend section 2323 of title 10, United States Code, for three 

years. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that section 2323, which establishes a 5 

percent goal for Department of Defense contracting with small disadvantaged businesses and certain institutions of higher education, 

would continue to be effective until September 2006, and that a decision on whether to extend this authority will be deferred to later 

legislation. 

Defense acquisition workforce limitations 

The House bill contained a provision (sec. 823) that would require a 5 percent reduction in the number of defense acquisition 

and support personnel in the Department of Defense on or before 

October 1, 2005. 

The Senate amendment contained a provision (sec. 841) that 

would require a 15 percent increase in the defense acquisition and 

support workforce during fiscal years 2005 through 2007. 

The conference report does not include either provision. 

Provision of information to Congress to enhance transparency in 

contracting 

The House bill contained a provision (sec. 824) that would require the Secretary of Defense to provide information on contracts 

and task or delivery orders to the chairmen or ranking members 

of the Committees on Armed Services of the Senate and the House 

of Representatives, within 14 days of the request. 

The Senate amendment contained no similar provision. 

The House recedes. 

741

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

The House bill contained a provision (sec. 825) that would require that sureties be treated in the same manner as financing institutions in cases of contractor default. 

The Senate amendment contained no similar provision. 

The House recedes. 

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

The House bill contained a provision (sec. 826) that would require that the creation of jobs in the United States be used as an 

evaluation factor in defense procurements. 

The Senate amendment contained no similar provision. 

The House recedes. 

Commission on the future of the national technology and industrial 

base 

The Senate amendment contained a provision (sec. 831) that 

would require the President to establish a commission to assess the 

future of the national technology and industrial base as defined by 

section 2500 of title 10, United States Code. 

The House bill contained no similar provision. 

The Senate recedes. 

Waiver authority for domestic source or content requirements 

The Senate amendment contained a provision (sec. 832) that 

would provide the Secretary of Defense the authority to waive the 

application of statutory domestic source requirements and domestic 

content requirements for those countries who have signed a Declaration of Principles on defense trade with the United States. 

The House bill contained no similar provision. 

The Senate recedes. 

Consistency with United States obligations under trade agreements 

The Senate amendment contained a provision (sec. 833) that 

would require that no provision of this Act, or any amendment 

made by this Act, shall apply if the Secretary of Defense, in consultation with the Secretary of Commerce, the U.S. Trade Representative, and the Secretary of State determines that the application of the provision would be inconsistent with international trade 

agreements of the United States. 

The House bill contained no similar provision. 

The Senate recedes. 

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

The Senate amendment contained a provision (sec. 834) that 

would repeal sections 812, 813, 814, and 821 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136). 

The House bill contained no similar provision. 

The Senate recedes. 

742

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

The Senate amendment contained a provision (sec. 865) that 

would require the Secretary of Defense to report to the congressional defense committees on contractor performance of security, 

intelligence, law enforcement, and criminal justice functions in 

Iraq. 

The House bill contained no similar provision. 

The Senate recedes.

The conferees agree to include the intent of this provision in 

a related provision in this conference report. 

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

The Senate amendment contained a provision (sec. 866) that 

would require the Secretary of Defense to carry out a study of commercial, off-the-shelf processes available to measure the quality of 

information technology, and to determine whether to accredit such 

a process for use in procurement of information technology and related services throughout the Department of Defense. 

The House bill contained no similar provision. 

The Senate recedes. 

Energy savings performance contracts 

The Senate amendment contained a provision (sec. 869) that 

would require the Secretary of Defense to exercise existing authority to introduce life-cycle, cost-effective upgrades to federal assets 

through shared, energy savings contracting; demand management 

programs; and utility incentive programs. 

The House bill contained no similar provision. 

The Senate recedes. 

Comptroller General analysis of use of transitional benefit corporations in connection with competitive sourcing of performance of 

Department of Defense activities and functions 

The Senate amendment contained a provision (sec. 1029) that 

would require the Comptroller General to review the potential for 

use of transitional benefit corporations in connection with competitive sourcing of the performance of activities and functions of the 

Department of Defense. 

The House amendment contained no similar provision. 

The Senate recedes. The manner in which employee benefits 

are addressed in public-private competitions is addressed in a separate section of the conference report. 

Study of effect on defense industrial base of elimination of United 

States domestic firearms manufacturing base 

The House bill contained a provision (sec. 1042) that would require the Secretary of Defense to submit to the congressional defense committees, within 60 days of enactment of this Act, a report 

detailing the impact on military readiness and the defense industrial infrastructure of the elimination of the U.S. domestic firearms 

manufacturing base as a result of ongoing civil litigation. 

The Senate amendment contained no similar provision. 

743

The House recedes. 

Determination of whether private air carriers are controlled by 

United States citizens for purposes of eligibility for government 

contracts for transportation of passengers or supplies 

The House bill contained a provision (sec. 1063) that would 

amend section 2710 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11), to clarify that the Secretary of Transportation is responsible for certifying whether an air 

carrier is effectively controlled by citizens of the United States. 

The Senate amendment contained no similar provision. 

The House recedes. 

Report on offset requirements under certain contracts 

The Senate amendment contained a provision (sec. 1093) that 

would add additional reporting requirements to the report required 

under section 8138(b) of the Department of Defense Appropriations 

Act for Fiscal Year 2004 (Public Law 108–199). 

The House bill contained no similar provision. 

The Senate recedes.

(745)

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Duties and Functions of Department of Defense 

Study of roles and authorities of the Director of Defense Research 

and Engineering (sec. 901) 

The Senate amendment contained a provision (sec. 911) that 

would require the Secretary of Defense, through the Defense 

Science Board, to carry out a study of the roles and authorities of 

the Director, Defense Research and Engineering. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Change of membership of specified council (sec. 902) 

The House bill contained a provision (sec. 905) that would 

amend sections 171 and 179, title 10, United States Code, to include the Commandant of the Coast Guard as a member of the 

Armed Forces Policy Council (AFPC) and include the Under Secretary of Defense for Policy (USD,P) on the Nuclear Weapons 

Council (NWC). 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would include the 

USD,P on the NWC, but would leave the membership of the AFPC 

unchanged. 

The conferees believe that the addition of the USD,P should 

allow the other members of the NWC to become more closely involved with nuclear related policy decisions. Additionally, the 

change will make the decisions that flow from the NWC more responsive to policy direction. The conferees note that this is the first 

time an additional member has been added to the NWC since its 

inception in 1987. The conferees expect the next two annual reports 

of the NWC required by subparagraph (f) of section 179 of title 10, 

United States Code, will discuss implementation of this provision. 

Subtitle B—Space Activities 

Space posture review (sec. 911) 

The Senate amendment contained a provision (sec. 1031) that 

would require the Secretary of Defense, jointly with the Director of 

Central Intelligence, to conduct a comprehensive review of the 

space posture of the United States for the period of the next 10 

years. The provision also would require the Secretary and Director 

to provide an interim report on that review to congressional defense and intelligence committees by March 15, 2005 and a final 

report by December 31, 2005. 

746

The House bill amendment contained no similar provision. 

The House recedes with a clarifying amendment. 

Panel on the future of national security space launch (sec. 912) 

The Senate amendment contained a provision (sec. 1032) that 

would establish a panel to examine the future military space 

launch requirements of the United States and the means of meeting such requirements. 

The House bill contained no similar provision. 

The House recedes with an amendment that would establish a 

panel to examine the future national security space launch requirements of the United States and the means of meeting such requirements. 

The conferees expect that the panel will consider the full range 

of national security space launch requirements. 

Operationally responsive national security satellites (sec. 913) 

The Senate amendment contained a provision (sec. 1033) that 

would establish a separate program element for operationally responsive satellite payloads managed by the Office of Force Transformation of the Office of the Secretary of Defense. The provision 

would also authorize $25.0 million for the new program element. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

The conferees agree to authorize an increase of $20.0 million 

in PE 65799D8Z for operationally responsive payloads. 

Nondisclosure of certain products of commercial satellite operations 

(sec. 914) 

The Senate amendment contained a provision (sec. 1034) that 

would exempt from disclosure under the Freedom of Information 

Act (FOIA), section 552 of title 5, United States Code, data that are 

collected by land remote sensing and are prohibited from sale to 

customers other than the United States and its affiliated users 

under the Land Remote Sensing Policy Act of 1992, section 5601 

et seq. of title 15, United States Code. The exemption would also 

include any imagery and other product that is derived from such 

data. State and local laws mandating disclosure would be preempted. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify that 

the restrictions imposed on such data or imagery are imposed for 

reasons of national security pursuant to the terms of operating licenses issued pursuant to the Land Remote Sensing Policy Act, and 

that would extend the preemption to include tribal law. The 

amendment would also provide that nothing in this section shall be 

construed to authorize the withholding of information from Congress. 

747

Subtitle C—Intelligence-Related Matters 

Two-year extension of authority of the Secretary of Defense to engage 

in commercial activities as security for intelligence collection activities abroad (sec. 921) 

The House bill contained a provision (sec. 1071) that would 

amend section 431(a) of title 10, United States Code, to extend by 

two years, to December 31, 2006, the authority of the Secretary of 

Defense to engage in commercial activities necessary to provide security for authorized intelligence collection activities abroad. 

The Senate amendment contained an identical provision (sec. 

1062). 

The conference agreement includes this provision. 

Pilot program on cryptologic service training (sec. 922) 

The Senate amendment contained a provision (sec. 1090) that 

would allow the Director of the National Security Agency (NSA) to 

establish a pilot program for cryptologic service training by way of 

scholarships for college study in order to increase the number of 

qualified language analysts and intelligence analysts available to 

work at NSA or other elements of the intelligence community. 

The House bill contained no similar provision. 

The House recedes. 

Subtitle D—Other Matters 

Strategic plan for destruction of lethal Chemical Agents and Munitions Stockpile (sec. 931) 

The conferees agree to include a provision that would require 

the Under Secretary of Defense for Acquisition, Technology and Logistics and the Secretary of the Army, who is responsible for executing the Chemical Agents and Munitions Destruction program, to 

jointly prepare a strategic plan for the future activities of the 

Chemical Demilitarization program. The plan shall include, at a 

minimum, consideration of realistic budgeting for stockpile destruction and related support programs; contingency planning for foreseeable or anticipated problems; and a management approach and 

associated actions that are designed to ensure full compliance with 

U.S. obligations under the Chemical Weapons Convention, and that 

take full advantage of opportunities to accelerate destruction of the 

chemical stockpile. The plan shall be updated yearly, and submitted each year by the Secretary of Defense to the Committees on 

Armed Services of the Senate and the House of Representatives 

with the President’s budget submission for the next fiscal year. 

Secretary of Defense criteria for and guidance on identification and 

internal transmission of critical information (sec. 932) 

The House bill contained a provision (sec. 908) that would require the Secretary of Defense to establish criteria for determining 

the types of critical information required to be made known expeditiously to senior decision makers in the Department of Defense. 

The Secretary should provide guidance for the purpose of identifying such information to the secretaries of the military departments, the commanders of deployed forces, and other elements of 

748

the Department. The provision would also establish minimum criteria for such information, and would require the Secretary to establish a policy for the expeditious transmission of any report or 

evaluation at any level of the Department that results in the identification of any such information to the Secretary and the Joint 

Chiefs of Staff. The guidance is to be issued by the Secretary not 

later than 90 days after enactment. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Change in title of Secretary of the Navy to Secretary of the Navy 

and Marine Corps 

The House bill contained a provision (sec. 901) that would 

change the title of the Secretary of the Navy to the Secretary of 

the Navy and Marine Corps. 

The Senate amendment contained no similar provision. 

The House recedes.

Transfer of Center for the Study of Chinese Military Affairs from 

the National Defense University to United States-China Economic and Security Review Commission 

The House bill contained a provision (sec. 902) that would 

transfer the Center for the Study of Chinese Military Affairs at the 

National Defense University, established in the National Defense 

Authorization Act for Fiscal Year 2000 (Public Law 106–65) to the 

United States-China Economic and Security Review Commission, 

established in the Floyd D. Spence National Defense Authorization 

Act for Fiscal Year 2001 (Public Law 106–398). 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note their strong support for having a Center for 

the Study of Chinese Military Affairs at the National Defense University, and urge the Secretary of Defense to provide the Institute 

for National Strategic Studies at the National Defense University 

with sufficient resources to support a fully operational China Center. 

Transfer to Secretary of the Army responsibility for Assembled 

Chemical Weapons Alternatives program. 

The House bill contained a provision (sec. 903) that would 

transfer oversight of the Assembled Chemical Weapons Alternatives program from the Under Secretary of Defense for Acquisition, Technology and Logistics to the Secretary of the Army, and 

would require the Army to fully implement the alternative technologies previously selected for destruction of lethal chemical munitions at Pueblo Chemical Depot, Colorado, and Blue Grass Army 

Depot, Kentucky. 

The Senate amendment contained no similar provision. 

The House recedes. 

749

Modification of obligated service requirements under National Security Education Program 

The House bill contained a provision (sec. 904) that would 

amend section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) to modify service requirements, 

allow service to be conducted in additional agencies of government, 

establish time frames for commencement of service, and clarify 

minimum length of service. 

The Senate Amendment contained no similar provision. 

The House recedes. 

Responses to congressional inquiries 

The House bill contained a provision (sec. 907) that would require the Secretary of Defense and other Department of Defense officials to respond to questions for the record from hearings of the 

Committees on Armed Services of the Senate and the House of 

Representatives within 21 days of receiving such questions. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that Department officials frequently take 

months to respond to questions for the record. 

The two committees conduct hearings to inform Congress and 

the public on significant issues regarding the operations of the Department. These hearings often serve as the basis for legislative, 

budget, and policy positions of the two committees. Because officials of the Department are not always prepared to respond to the 

full range of questions at such hearings, questions for the record 

form an important part of the record of such hearings. 

Lengthy delays in responding to questions for the record are 

contrary to the public interest because they delay the availability 

of critical information to Congress and the public. In many cases, 

responses are not made available until after the committees have 

made decisions on legislative, budget, and policy matters to which 

the information relates. This is not in the interest of either the 

Congress or the Department. 

The conferees recognize that questions for the record for some 

hearings are extensive and that, in some instances, the compilation 

of answers and responses can and does require detailed research 

and discussion prior to their transmission to the Congress. For this 

reason, the conferees have determined that it would not be practical to establish a single, uniform deadline for all responses to 

questions for the record. 

Overall, however, the Department must do a far better job of 

responding to questions for the record than it has in the recent 

past. Accordingly, the conferees direct the Secretary of Defense and 

other officials of the Department to respond to questions for the 

record within 21 days of receiving such questions, unless the Secretary or other official has informed the committee concerned in 

writing that he or she will be unable to meet the 21-day deadline 

and stated the date by which the questions will be answered. 

The conferees note that the Members of the congressional defense committees frequently request information from the Department through letters, meetings, and other mechanisms. The conVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00775 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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ferees expect that officials of the Department will respond promptly 

to such inquiries as well. 

Directors of Small Business Programs 

The Senate amendment contained a provision (sec. 912) that 

would change the title of the Department of Defense’s Office of 

Small and Disadvantaged Business Utilization to the Office of 

Small Business Programs. 

The House bill contained no similar provision. 

The Senate recedes.

(751)

TITLE X—GENERAL PROVISIONS 

ITEMS OF SPECIAL INTEREST

Coordination of Department of Defense Homeland Defense/Homeland Security Initiative in Support of First Responders 

The conferees remain concerned about the level of planning 

and coordination between the Department of Defense and other 

federal departments and agencies that the Department might be 

called upon to assist in cases of natural or man-made disasters. 

Therefore, the conferees direct the Secretary of Defense to provide the Committees on Armed Services of the Senate and the 

House of Representatives a report by March 5, 2005, detailing the 

Department’s strategy and plans to coordinate with the Department of Homeland Security (DHS), the Department of Justice 

(DoJ), and state, local and tribal governments on command, control 

and communication problems encountered during man-made and 

natural disasters. Additionally, the report shall address technology 

developments and interoperability issues that exist or may exist 

between the Department and other federal departments, and state, 

local and tribal first responders, as well as possible solutions to resolve such issues. The conferees encourage the Department to continue its efforts to identify technologies that may serve homeland 

security purposes, and to make such technologies available to DHS, 

DoJ and the first responder community. 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Financial Matters 

Transfer Authority (sec. 1001) 

The House bill contained a provision (sec. 1001) that would provide $3.0 billion in transfer authority among accounts in division A of this Act for fiscal year 2005. 

The Senate amendment contained a similar provision (sec. 

1001). 

The conferees agree to a provision that provides $3.5 billion in 

transfer authority. 

United States contribution to NATO common-funded budgets in fiscal year 2005 (sec. 1002) 

The Senate amendment contained a provision (sec. 1002) that 

would authorize the U.S. contribution to North Atlantic Treaty Organization (NATO) common-funded budgets for fiscal year 2005, including the use of unexpended balances. The resolution of ratification for the Protocol to the North Atlantic Treaty of 1949 on the 

Accession of Poland, Hungary, and the Czech Republic contained a 

provision (section 3(2)(c)(ii)) requiring a specific authorization for 

752

U.S. payments to the common-funded budgets of NATO for each 

fiscal year, beginning in fiscal year 1999, that payments exceed the 

fiscal year 1998 total. 

The House bill contained no similar provision. 

The House recedes. 

Budget justification documents for operation and maintenance (sec. 

1003) 

The House bill contained a provision (sec. 1002) that would 

amend section 232 of title 10, United States Code, to require additional information be provided with the annual Department of Defense operation and maintenance (O&M) budget presentation, including: the baseline costs for programs in which there is an identified program increase or decrease; the amount of funds requested 

for personal service contracts and the number of personal service 

contractors expected to be compensated at an annual rate in excess 

of the annual rate of pay for the Vice President; identification by 

the Department of the Navy of funding requested for ship depot 

maintenance and funding requested for intermediate depot maintenance; and the average civilian salary cost by sub-activity group as 

a component of the personnel summary. The provision would also 

require the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the House of Representatives by March 1, 2005 that catalogues the elements of ‘‘other 

costs’’ and ‘‘other contracts’’ which are currently used in the O&M 

justification materials of the budget request. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would amend section 232 of title 10, United States Code, to require additional information be provided with the Department of Defense annual O&M 

budget presentation, including: the baseline costs for programs in 

which there is an identified program increase or decrease; and 

identification by the Department of the Navy of funding requested 

for ship depot maintenance and funding requested for intermediate 

depot maintenance. The amendment would also require the Secretary of Defense to submit a report to the Committees on Armed 

Services of the Senate and the House of Representatives by March 

1, 2005 that catalogues the elements of other costs and other contracts which are currently used in justification materials of the 

budget request. 

The conferees note that the Committees on Armed Services of 

the Senate and the House of Representatives will continue to work 

with the Department and the services to improve the information

included in the annual O&B budget submissions. 

Licensing of intellectual property (sec. 1004) 

The House bill contained a provision (sec. 1003) that would authorize the Secretary concerned, under regulations prescribed by 

the Secretary of Defense, to license trademarks, service marks, certification marks, and collective marks owned by a military department, and to retain and expend fees received from such licensing. 

Fees received in excess of the costs of registration and licensing 

could be expended for recruiting and retention and morale, welfare, 

and recreation activities of the military department. 

753

The Senate amendment contained a provision (sec. 1064) that 

would provide similar authority, but would limit the use of excess 

fees to morale, welfare, and recreation activities of the military department. 

The House recedes with a technical amendment. 

Repeal of funding restrictions concerning development of medical 

countermeasures against biological warfare threats (sec. 1005) 

The House bill contained a provision (sec. 1005) which would 

repeal Section 2370a of title 10, United States Code that set statutory limits on funding concerning the development of medical countermeasures against biological warfare threats. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

The conferees intend to monitor the expenditure of funds in 

this account and expect the Department of Defense to provide briefings to the congressional defense committees on this issue. Although the statutory limits are being lifted, the conferees remain 

concerned that sufficient funding is not being requested or expended in the various categories for medical countermeasures 

against biological warfare threats. The conferees urge the Department to program more robust funding for biological defense programs consistent with the needs and objectives of these programs, 

and expect the Department to use the money authorized to develop 

medical countermeasures against biological warfare threats. 

Report on budgeting for exchange rates for foreign currency fluctuations (sec. 1006) 

The House bill contained a provision (sec. 1006) that would require the Secretary of Defense to submit to the Committees on 

Armed Services of the Senate and House of Representatives a report on the foreign currency exchange rate projection used in annual Department of Defense budget presentations. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Fiscal year 2004 transfer authority (sec. 1007) 

The House bill contained a provision (sec. 1007) that would 

provide $3.0 billion in transfer authority among accounts in division A of this Act for fiscal year 2004. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would provide 

$2.8 billion in transfer authority. 

Clarification of fiscal year 2004 funding level for a National Institute of Standards and Technology account (sec. 1008) 

The Senate amendment contained a provision (sec. 1092) that 

would clarify fiscal year 2004 funding for programs under the National Institute of Standards and Technology Industrial Technology 

Services account. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

754

Notification of fund transfers from working capital funds (sec. 1009) 

The Senate amendment contained a provision (sec. 312) that 

would limit the transfer of funds out of, or among, working capital 

funds. The provision requires the Secretary of Defense to notify the 

Congress when such transfers are made. The Department of Defense should submit prior approval reprogramming requests, DD 

Forms 1415–1, to the congressional defense committees in accordance with established procedures. 

The House bill contained no similar provision. 

The House recedes. 

Charges for Defense Logistics Information Services materials (sec. 

1010) 

The Senate amendment contained a provision (sec. 361) that 

would permit the Defense Logistics Information Services, a division 

of the Defense Logistics Agency, to develop a fee schedule for 

charging public and private entities for copies of materials from the 

Federal Logistics Information System (FLIS). The FLIS is a management system designed to collect, store, process, and provide 

item-related logistics information. This information often is used by 

private entities doing or seeking business with the Department of 

Defense. 

The House bill contained no similar provision. 

The House recedes.

Subtitle B—Naval Vessels and Shipyards 

Authority for award of contracts for ship dismantling on net-cost 

basis (sec. 1011) 

The House bill contained a provision (sec. 1011) that would 

allow the Secretary of the Navy to award contracts for the dismantling of vessels stricken from the Naval Vessel Register on a netcost basis. 

The Senate amendment contained a similar provision (sec. 

1013). 

The Senate recedes. 

Use of proceeds from exchange and sale of obsolete Navy service 

craft and boats (sec. 1012) 

The Senate amendment contained a provision (sec. 1011) that 

would allow the Secretary of the Navy to retain the proceeds of the 

sale, or exchange allowance from the exchange, of obsolete service 

craft and obsolete boats. The Secretary would be allowed to use 

these proceeds or exchange allowances for specified purposes. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment that restructures the items within the provision. 

Transfer of Naval vessels to certain foreign recipients (sec. 1013) 

The House bill contained a provision (sec. 1013) that would authorize the President: (1) to transfer on a grant basis to the government of Chile, the Spruance-class destroyer O’Bannon (DD 987) 

and (b) to the government of Portugal, the Oliver Hazard Perryclass frigate George Phillip (FFG 12); and (2) to transfer on a sale 

755

basis to the Taipei Economic and Cultural Office of the United 

States, the Anchorage-class dock landing ship Anchorage (LSD–36). 

The provision would also direct that: (1) any expense incurred by 

the United States in connection with a transfer on a grant basis 

shall be charged to the recipient; and (2) to the maximum extent 

possible, the President shall require, as a condition of transfer, the 

repair and refurbishment associated with the transfer be accomplished in a shipyard located in the United States. 

The Senate amendment contained a similar provision (sec. 

1014) that would authorize the Secretary of the Navy: (1) to transfer on a grant basis to the government of Chile, the Spruance-class 

destroyer O’Bannon (DD 987) and to the government of Portugal, 

the Oliver Hazard Perry-class frigates George Phillip (FFG 12) and 

Sides (FFG 14); and (2) to transfer on a sale basis to the Taipei 

Economic and Cultural Office of the United States, the Anchorageclass dock landing ship Anchorage (LSD–36) and (b) to the government of Chile, the Spruance-class destroyer Fletcher (DD 992). The 

provision would also direct that any expense incurred by the 

United States in connection with a transfer authorized by this provision be charged to the recipient. 

The House recedes with an amendment that would authorize 

the President: (1) to transfer on a grant basis to the government 

of Chile, the Spruance-class destroyer O’Bannon (DD 987) and to 

the government of Portugal, the Oliver Hazard Perry-class frigates 

George Phillip (FFG 12) and Sides (FFG 14); and (2) to transfer on 

a sale basis to the Taipei Economic and Cultural Office of the 

United States, the Anchorage-class dock landing ship Anchorage

(LSD–36) and to the government of Chile, the Spruance-class destroyer Fletcher (DD 992). The amendment would also direct that 

any expense incurred by the United States in connection with a 

transfer authorized by this provision be charged to the recipient. 

Independent study to assess cost-effectiveness of the Navy ship construction program (sec. 1014) 

The House bill contained a provision (sec. 1012) that would require the Secretary of Defense to have a study conducted by an entity independent of the Department of Defense on the cost-effectiveness of the ship construction program of the Navy. The study 

would examine various approaches for how the Navy ship construction program could be made more cost-effective in the near-term, 

and how the United States shipbuilding industry might be made 

globally competitive through a nationally integrated effort over the 

next decade. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary of Defense to provide for a group of industrial experts to 

assess priorities for potential implementation of the various approaches in the near-term study, with an assessment of the return 

on investment. It would also require an assessment of priorities for 

potential implementation of the various approaches for the nationally, integrated effort, with the objective being to create a healthier 

and more viable U.S. shipbuilding industrial base. 

The conferees believe the group chosen for this study should be 

five to ten industrial experts who represent an array of industrial 

756

sectors, not just the shipbuilding industry. Many sectors of the U.S. 

industrial base have had to retool processes and equipment to become more competitive. Since the rate of shipbuilding is much 

lower, competitiveness has not provided the same incentive for this 

sector. The conferees are aware of and support the work of the National Shipbuilding Research Program-Advanced Shipbuilding Enterprise (NSRP–ASE), including its lean shipbuilding initiative. 

The conferees would expect the group of industrial experts chosen 

for this study to become familiar with this work, and to consider 

the potential for using the NSRP–ASE to implement some of the 

various approaches. 

Limitation on disposal of obsolete naval vessel (sec. 1015) 

The Senate amendment contained a provision (sec. 1012) that 

would not allow the Secretary of the Navy to dispose of the decommissioned destroyer ex-Edson (DD–946) to a nonprofit organization 

before October 1, 2007, unless the Secretary first determines that 

there is no nonprofit organization that meets the criteria for donation of that vessel under section 7306(a)(3) of title 10, United 

States Code. 

The House bill contained no similar provision. 

The House recedes. 

Subtitle C—Counterdrug Matters 

Use of funds for unified counterdrug and counterterrorism campaign in Colombia (sec. 1021) 

The Senate amendment contained a provision (sec. 1052) that 

would extend through fiscal year 2006, the expanded authority for 

the Department of Defense to use counterdrug funds to support the 

Government of Colombia’s unified campaign against narcotics cultivation and trafficking, and against the terrorist organizations involved in such drug trafficking activities. The provision would also 

change the limitation on the number of U.S. military personnel assigned to Colombia in support of Plan Colombia to 800 personnel, 

and the number of federally funded contractor personnel employed 

in support of Plan Colombia to 600 personnel. 

The House bill contained similar provisions (sec. 1031 and 

1032) that would extend the expanded authority through fiscal year 

2006 and would increase the number of U.S. military personnel in 

Colombia to 500. 

The House recedes. 

Sense of Congress and report regarding counter-drug efforts in Afghanistan (Sec. 1022) 

The Senate amendment contained a provision (sec. 1056) that 

would express the sense of the Senate that: (1) the President 

should make the substantial reduction of drug trafficking in Afghanistan a priority in the war on terror; (2) the Secretary of Defense should, in coordination with the Secretary of State, work to 

a greater extent with the Government of Afghanistan and international organizations involved in counter-drug activities to provide a secure environment for counter-drug personnel in Afghanistan; and (3) additional efforts should be made by the Armed 

757

Forces of the United States, with coalition forces, to significantly 

reduce narcotics trafficking in Afghanistan, with particular focus 

on those traffickers with the closest links to known terrorist organizations. The provision also directed the Secretary of Defense to 

submit a report to Congress on progress made towards substantially reducing the poppy cultivation and heroin production capabilities in Afghanistan, and the extent to which profits from illegal 

drug activity in Afghanistan fund terrorist organizations and support groups that seek to undermine the Government of Afghanistan. 

The House bill contained no similar provision. 

The House recedes with an amendment that would express the 

sense of the Congress that: (1) the President should make the substantial reduction of illegal drug trafficking in Afghanistan a priority in the global war on terrorism; (2) the Secretary of Defense, 

in coordination with the Secretary of State and the heads of other 

appropriate federal agencies, should expand cooperation with the 

Government of Afghanistan and international organizations involved in the counter-drug activities to assist in providing a secure 

environment for counter-drug personnel in Afghanistan; and (3) the 

United States, in conjunction with the Government of Afghanistan 

and coalition partners, should undertake additional efforts to reduce illegal drug trafficking and related activities that provide financial support for terrorist organizations in Afghanistan and 

neighboring countries. The conferees further agree that the Secretary of Defense and the Secretary of State will jointly submit the 

aforementioned report. 

The conferees note that there are strong, direct connections between terrorism and drug trafficking, and that the elimination of 

this funding source is critical to making significant progress in the 

global war on terror. It is clear that the military action against the 

Taliban in Afghanistan was designed, in part, to disrupt the activities of and financial support for terrorists. While progress in disrupting the financial links has been made, it is clear that some of 

the profits associated with opium harvested in Afghanistan continue to fund terrorists and terrorist organizations, including Al 

Qaeda, that seek to attack the United States and its interests. Additionally, the President of Afghanistan, Hamad Karzai, has stated 

that opium production poses a significant threat to the future of Afghanistan, and has established a plan of action to deal with this 

threat. It is for these and other reasons that the conferees believe 

that the United States, in conjunction with the Government of Afghanistan and coalition partners, should undertake additional efforts to reduce illegal drug trafficking and related activities that 

provide financial support for terrorist organizations in Afghanistan 

and neighboring countries. The conferees believe that the Department of Defense, in conjunction with other U.S. agencies and coalition partners, must have a comprehensive strategy that provides 

consistent funding from year to year to achieve significant progress 

in reducing drug cultivation, trafficking, and related activities in 

Afghanistan. 

758

Subtitle D—Matters Relating to Museums and Commemorations 

Recognition of the Liberty Memorial Museum, Kansas City, Missouri, as America’s National World War I Museum (sec. 1031) 

The House bill contained a provision (sec. 354) that would express the sense of Congress that the Liberty Memorial Museum in 

Kansas City, Missouri, is recognized as ‘‘America’s National World 

War I Museum.’’ 

The Senate amendment contained a similar provision (sec. 

1078). 

The Senate recedes with technical amendments. 

Program to Commemorate 60th Anniversary of World War II (sec. 

1032) 

The Senate amendment contained a provision (sec. 365) that 

would authorize the Secretary of Defense to conduct a program to 

commemorate the 60th anniversary of World War II and to coordinate, support, and facilitate other such commemoration programs 

and activities of the Federal, State, and local governments, and 

other persons. 

The House bill contained no similar amendment. 

The House recedes. 

Annual report on Department of Defense operation and financial 

support for military museums (sec. 1033) 

The House bill contained a provision (sec. 341) that would 

amend chapter 23 of title 10, United States Code, to require the 

Secretary of Defense to include in the annual budget justification 

materials a complete inventory of military museums operated with 

funds appropriated to the Department of Defense or the military 

services. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would add a reporting requirement for the Secretary to describe the management 

structure of each museum. The amendment would also add a reporting requirement for the Secretary to provide information on the 

prioritization process within the Department and within each military department for funds allocation and personnel support for museums. 

While the conferees agree that military museums serve an important role in the preservation of the history and heritage of the 

U.S. military, the conferees are concerned that the proliferation of 

military museums nationwide may be draining fiscal resources 

needed for other requirements. The conferees expect that the information to be provided by the Secretary will be used as a database 

for future discussions with the Department about the effective 

management of military museums. 

Subtitle E—Reports [Not Provided for Elsewhere] 

Quarterly detailed accounting for operations conducted as part of 

the global war on terrorism (sec. 1041) 

The Senate amendment contained a provision (sec. 1029D) that 

would require the Secretary of Defense to provide to the congresVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00784 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
759

sional defense committees quarterly reports on the costs incurred 

by the Department of Defense for all operations in the global war 

on terrorism. In addition to the reports required by this provision, 

the conferees expect the Department to continue to provide to the 

legislative branch timely access to monthly contingency cost reports. 

The House bill amendment contained no similar provision. 

The House recedes with a technical amendment. 

Report on post-major combat operations phase of Operation Iraqi 

Freedom (sec. 1042) 

The Senate amendment contained a provision (sec. 1028) that 

would require a report on aspects of the post-major combat operations phase of Operation Iraqi Freedom. 

The House bill contained no similar provision. 

The House recedes with an amendment that would change the 

due date of the report to June 1, 2005, and would include an assessment of the organization of U.S Central Command to conduct 

post-conflict operations and related lessons learned. 

Report on training provided to members of the Armed Forces to prepare for post-conflict operations (sec. 1043) 

The Senate amendment contained a provision (sec. 1024) that 

would direct the Secretary of Defense to conduct a study to determine the extent to which members of the Armed Forces assigned 

to duty in support of contingency operations receive training in 

preparation for post-conflict operations and to evaluate the quality 

of such training. The provision would direct the Secretary to submit a report to Congress on the assessment not later than May 1, 

2005. 

The House bill contained a similar provision (sec. 1043). 

The House recedes with a clarifying amendment. 

Report on establishing national centers of excellence for unmanned 

aerial and ground vehicles (sec. 1044) 

The Senate amendment contained a provision (sec. 1027) that 

would require the Secretary of Defense to submit a report to the 

congressional defense committees on the need for one or more national centers of excellence for unmanned aerial and ground vehicles. The provision also defines the goals of the centers and other 

considerations to be included in the preparation of this report. 

The House bill contained no similar provision. 

The House recedes with a technical amendment to clarify certain elements of the provision. 

Study of continued requirement for two-crew manning for ballistic 

missile submarines (sec. 1045) 

The House bill contained a provision (sec. 1041) that would require the Secretary of Defense to submit to the congressional defense committees a report on whether the requirement for two-crew 

manning of fleet ballistic missile submarines should be continued, 

modified, or terminated. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

760

Report on Department of Defense programs for prepositioning of 

materiel and equipment (sec. 1046) 

The House bill contained a provision (sec. 342) that would direct the Secretary of Defense to conduct an assessment of the programs of the Department of Defense for the prepositioning of materiel and equipment. The provision would direct the Secretary to 

submit a report to Congress on the assessment not later than October 1, 2005. 

The Senate amendment contained no similar amendment. 

The Senate recedes with a clarifying amendment. 

Report on al Qaeda activity in the Western Hemisphere (sec. 1047) 

The conferees agree to include a provision that would direct 

the Secretary of State, in consultation with the Secretary of Defense and the Director of Central Intelligence, to submit to the appropriate committees of Congress a report on any al Qaeda activity 

in the Western Hemisphere, including fundraising, affiliations with 

other groups in the region, and possible targets for attack; and on 

United States policies that are designed to address such activities. 

The provision would require that an unclassified report, with a 

classified annex as necessary, be submitted no later that 180 days 

after the date of the enactment of this Act. The conferees note their 

concern about potential al Qaeda activity in the Western Hemisphere, and the indirect and direct threat to United States national 

security that such activity represents. 

Subtitle F—Defense Against Terrorism [and Other Domestic 

Security Matters] 

Acceptance of communications equipment provided by local public 

safety agencies (sec. 1051) 

The Senate amendment contained a provision (sec. 1041) that 

would allow military installations that have Memoranda of Understanding or Memoranda of Agreement with state and local first responders to accept ham radios or communication equipment on an 

interim basis until interoperability of communications has been established. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Determination and report on full-time airlift support for homeland 

defense operations (sec. 1052) 

The Senate amendment contained a provision (sec. 1042) that 

would instruct the Secretary of Defense to determine the feasibility 

and advisability of dedicating a full-time airlift capability to support homeland defense operations. 

The House bill contained no similar provision. 

The House recedes with an amendment that would instruct the 

Secretary to also consider the transportation requirements of the 

newly established National Guard Chemical, Biological, Radiological, Nuclear and High Explosive Enhanced Response Force 

Packages. 

761

Survivability of critical systems exposed to chemical or biological 

contamination (sec. 1053)

The Senate amendment contained a provision (sec. 1043) that 

would direct the Secretary of Defense to submit a plan to the Committees on Armed Services of the Senate and the House of Representatives that describes the Department of Defense’s systematic 

approach for ensuring the survivability of defense critical systems 

exposed to chemical or biological contamination. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Subtitle G—Personnel Security Matters 

Use of National Driver Register for personnel security investigations 

and determinations (sec. 1061) 

The House bill contained a provision (sec. 1051) that would 

amend title 49, United States Code, to authorize access to the National Driver Register by federal departments and agencies for use 

in personnel security investigations and for use in personnel investigations with regard to federal employment. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would clarify that 

the federal employment contemplated in the provision is employment requiring access to national security information, and that 

the department or agency receiving such information may use that 

information only for the purpose of the authorized investigation, in 

accordance with applicable law. 

Standards for disqualification from eligibility for Department of Defense security clearance (sec. 1062) 

The House bill contained a provision (sec. 1052) that would 

amend section 986 of title 10, United States Code, to clarify a 

standard for disqualification and would allow delegation of waiver 

authority, in accordance with standards and procedures establish 

by Executive order or other Presidential guidance. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Subtitle H—Transportation-Related Matters 

Use of military aircraft to transport mail to and from overseas locations (sec. 1071) 

The House bill contained a provision (sec. 1061) that would 

provide the Secretary of Defense the authority to use military aircraft to transport mail and parcels to, from, and between overseas 

locations. This authority, however, would be limited to the following circumstances: 

(1) There is excess space on a scheduled military flight; 

(2) There is no overall cost increase to the Department of 

Defense or the U.S. Postal Service; 

(3) The U.S. Transportation Command would pay the cost 

of transporting mail from U.S. Postal Service to customs clearance facilities and military debarkation locations at rates not 

762

to exceed Department of Transportation rates for commercial 

airlines; 

(4) There is no degradation of mail service; and 

(5) There is no diversion of such military aircraft during 

contingencies or other events. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Reorganization and clarification of certain provisions relating to 

control and supervision of transportation within the Department of Defense (sec. 1072) 

The House bill contained a provision (sec. 1062) that would 

amend sections 4744 through 4747 of title 10, United States Code, 

by moving these sections from chapter 47 to chapter 26. This section would also repeal sections 9741, 9743, and 9746 of title 10, 

United States Code. These changes reflect the Secretary of Defense’s role in transportation versus the individual role of the service secretaries. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Evaluation of procurement practices relating to transportation of security-sensitive cargo (sec. 1073) 

The House bill contained a provision (sec. 1064) that would require the Secretary of Defense to evaluate whether, and under 

what conditions, in the award of service contracts for domestic 

freight transportation for security-sensitive cargo, the Secretary 

should not consider an offer or tender from more than one motor 

carrier that is a part of a group of motor carriers under common 

financial or administrative control. The provision would also direct 

the Secretary to submit a report to the Committees on Armed Services of the Senate and the House of Representatives with the results of the evaluation not later than January 1, 2005. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would direct the 

Secretary to evaluate the award of service contracts for domestic 

freight transportation for security-sensitive cargo (such as arms, 

ammunition, explosive, and classified material) to determine 

whether such practices are in the best interest of the Department 

of Defense, and would direct the Secretary to submit a report to the 

Committees on Armed Services of the Senate and the House of 

Representatives with the results of the evaluation not later than 

January 1, 2005. 

Subtitle I—Other Matters 

Liability protection for Department of Defense volunteers working in 

maritime environment (sec. 1081) 

The House bill contained a provision (sec. 1075) that would 

modify section 1588 of title 10, United States Code, to add the 

training of cadets and midshipmen at the service academies to the 

voluntary services that may be accepted, and include chapters 20 

and 22 of title 46 to the laws covered by this provision. 

763

The Senate amendment contained a provision (sec. 1063) that 

would extend to volunteers working in the maritime training environment the same status and legal protections, for purposes of 

claims and loss, presently available to volunteers working in support of land-based programs. 

The House recedes with an amendment that would modify section 1588 of title 10, United States Code, to add chapters 20 and 

22 of title 46 Appendix to the provisions of law listed in subparagraph (d) with the intent of not limiting the liability protection afforded volunteers in the maritime environment only to the service 

academies. 

The conferees appreciate the importance of voluntary services 

provided by individuals for the benefit of soldiers, sailors, airmen, 

and marines and their families. As reflected in section 1588 of title 

10, United States Code, voluntary services are received in connection with a wide variety of programs and activities. Under many 

circumstances, the ability of the services to offer protection from 

personal liability is a necessary condition for the acceptance of voluntary services. This is not always the case; however, and the criteria for identifying those functions and voluntary services appropriate for inclusion in section 1588 are not evident. 

The conferees direct the Secretary of Defense to submit a report by June 1, 2005, to the Committees on Armed Services of the 

Senate and the House of Representatives describing the manner in 

which the Department of Defense currently determines what voluntary services to accept, which of the accepted services warrant 

liability protection, and how the Department oversees their delivery under section 1588. The Secretary should prescribe the policy 

of the Department of Defense regarding the acceptance of voluntary services and, in consultation with the Department of Justice, submit proposals for legislative changes, if needed. The conferees urge the Department of Defense to develop policies and procedures that will enable commands and activities to appropriately 

accept and supervise voluntary services and, when called for, afford 

immunity from personal liability. 

Sense of the Congress concerning media coverage of the return to the 

United States of the remains of deceased members of the Armed 

Forces from overseas (sec. 1082) 

The Senate amendment contained a provision (sec. 366) that 

would state the sense of the Congress that the Department of Defense policy regarding no media coverage of the transfer of the remains of deceased members of the Armed Forces appropriately protects the privacy of the families and friends of the deceased, and 

is consistent with constitutional guarantees of freedom of speech 

and freedom of the press. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Transfer of historic F3A–1 Brewster Corsair aircraft (sec. 1083) 

The House bill contained a provision (sec. 1076) that would authorize the Secretary of the Navy to convey by means of a gift, 

without consideration, to Mr. Lex Cralley, of Princeton, Minnesota, 

764

all right, title, and interest of the United States in and to a F3A–

1 Brewster Corsair aircraft. 

The Senate amendment contained no similar amendment. 

The Senate recedes. 

The conferees note that this transfer should not be considered 

as a precedent for future transfers of aircraft or other property of 

the U.S. government to individuals. 

Technical and clerical amendments (sec. 1084) 

The House bill contained a provision (sec. 1073) that would 

make technical and clerical amendments to various provisions of 

law. The Senate amendment contained similar provisions (sec. 

1022 and 1061). 

The Senate recedes with an amendment that would incorporate the provisions of sections 1022 and 1061 of the Senate 

amendment, strike certain portions of section 1073 of the House 

bill, and make certain additional technical and clerical amendments. 

Preservation of search and rescue capabilities of the Federal Government (sec. 1085)

The Senate amendment contained a provision (sec. 1073) that 

would prevent the Secretary of Defense for reducing or eliminating 

the search and rescue capabilities at any military installation in 

the United States until the Secretary certifies that equivalent services will be provided without interruption and consistent with the 

policies and objectives established in the United States National 

Search and Rescue Plan of January 1, 1999. 

The House bill contained no similar provision. 

The House recedes. 

Acquisition of aerial firefighting equipment for National Interagency Fire Center (sec. 1086) 

The Senate amendment contained a provision (sec. 1076) that 

would authorize the Secretary of Agriculture to purchase 10 aerial 

firefighting aircraft to be used by the National Interagency Fire 

Center. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require 

that the aircraft be certified by the Chief of the Forest Service as 

suited for conditions commonly carried out in the United States, including Alaska. 

Revision to requirements for recognition of institutions of higher 

education as Hispanic-serving institutions for purposes of certain grants and contracts (sec. 1087) 

The Senate amendment contained a provision (sec. 1079) that 

would allow universities to qualify as Hispanic-serving institutions, 

as defined by the Higher Education Act (Public Law 89–329, as 

amended), by providing assurances that 50 percent of the Hispanic 

student population is low-income by employing statistical extrapolation from Census Bureau data. 

The House bill contained no similar provision. 

The House recedes. 

765

Military extraterritorial jurisdiction over contractors supporting defense missions overseas (sec. 1088) 

The Senate amendment contained a provision (sec. 1081) that 

would amend the definitional section of the Military 

Extraterritorial Jurisdiction Act of 2000, section 3267 of title 18, 

United States Code (Public Law 106–523), to expand jurisdiction 

over civilian employees and contractor personnel of the United 

States to include personnel not employed by or contracting with the 

Department of Defense whose employment relates to supporting 

the mission of the Department of Defense overseas. 

The House bill contained no similar provision. 

The House recedes. 

Definition of United States for purposes of Federal crime of torture 

(sec. 1089) 

The Senate amendment contained a provision (sec. 1082) that 

would amend section 2340 of title 18, United States Code, to define 

‘‘United States’’ for the purposes of chapter 113C of that title as the 

States, the District of Columbia, and the commonwealths, territories, and possessions of the United States. 

The House bill contained no similar provision. 

The House recedes. 

Energy savings performance contracts (sec. 1090) 

The Senate amendment contained a provision (sec. 1091) that 

would reauthorize energy savings performance contract authority 

under section 802 of the National Energy Policy Act (42 U.S.C. 

8287a) for the Department of Defense and other federal agencies 

until October 1, 2006. The provision would also authorize water or 

wastewater treatment projects to be conducted under an energy 

savings performance contract. 

The House bill contained no similar provision. 

The House recedes with an amendment to reauthorize this authority until October 1, 2006. 

Sense of Congress and policy concerning persons detained by the 

United States (sec. 1091–1093) 

The House bill contained a provision (sec. 906) that would require the Secretary of Defense to prescribe policies to prevent the 

abuse of detainees held by the United States as part of the Global 

War on Terrorism, and would require that the policies be transmitted, and a report on implementation be submitted, to the Committees on Armed Services of the Senate and the House of Representatives. It also contained a provision (sec. 1207) expressing 

the sense of Congress concerning the abuse of persons in United 

States custody in Iraq. 

The Senate amendment contained a provision (sec. 1029F) that 

would require detailed reports on foreign national detainees in the 

custody of the Department of Defense, and the detention facilities 

and practices of the Department. It also contained a provision (sec. 

1057) that would make findings on United States adherence to 

international conventions on torture and cruel or inhuman treatment or punishment; prohibit torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the Constitution, 

766

laws, or treaties of the United States; require the Secretary of Defense to prescribe regulations to ensure compliance with the prohibition; and report twice a year on investigations of possible violations of the prohibition. The Senate amendment also contained a 

provision (sec. 1059C) that would set out the policy of the United 

States concerning torture and inhumane treatment; require reports 

on detainees, military commissions, and interrogation techniques; 

require the submission of certain reports prepared by the International Committee of the Red Cross; and require the Secretary to 

certify that federal and contractor personnel engaged in the handling of detainees have been trained in U.S. international obligations and the law of war. 

The House recedes with an amendment that would state the 

sense of Congress with regard to misconduct by certain U.S. personnel at the Abu Ghraib prison in Iraq; the professionalism and 

morality of the vast majority of American servicemembers serving 

there; the law governing the treatment of detainees; and the prohibition of torture or cruel and inhumane treatment contained in applicable domestic and international law. The amendment further 

sets out the policy of the United States with respect to the proper 

treatment of detainees; the need for thorough investigation and 

prosecution, as appropriate, of unlawful treatment of detainees; the 

need to ensure that all personnel of the United States Government 

understand their obligations to comply with the prohibitions 

against torture and inhumane treatment; the need to ensure the 

proper status of detained persons while a determination is made as 

to their prisoner of war status under the applicable Geneva Convention; and the need for expeditious prosecution of detainees in 

U.S. custody who are alleged to have committed terrorist acts or 

other crimes. 

The amendment would further require the Secretary of Defense to ensure that policies are prescribed, within 150 days of enactment, to ensure that detainees are treated in a humane manner 

consistent with the international obligations of the United States 

and the aforementioned policies on the treatment of detainees; 

would set out minimum criteria for these policies; and would require that the Secretary certify that federal employees and contractor personnel involved with handling or interrogation of detainees have fulfilled annual training requirements on the law of war 

and U.S. obligations under international law. 

Finally, the amendment contains several reporting requirements, including a requirement that the policies prescribed be forwarded by the Secretary to the Committees on Armed Services of 

the Senate and the House of Representatives within 30 days. The 

Secretary is to report to the committees within one year after prescribing the policies on further steps taken to implement them. 

Nine months after enactment and annually thereafter, the Secretary would be required to submit to the committees a report giving notice of any investigations into violations of international or 

U.S. law regarding the treatment of detainees; and aggregate data 

on foreign national detainees in the custody of the Department of 

Defense during the prior year. The reporting provisions of this provision expire on December 31, 2007. 

767

Findings and sense of Congress concerning Army Specialist Joseph 

Darby (sec. 1094) 

The House bill contained a provision (sec. 1206) that would 

recognize and thank U.S. Army Specialist Joseph Darby for his 

courageous actions in alerting his superiors to misconduct by 

American soldiers at Abu Ghraib prison in Iraq, and express the 

sense of Congress that Specialist Darby should be afforded appropriate protection and recognition by the Department of Defense. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Reduction in overall authorization due to inflation savings 

The Senate amendment contained a provision (sec. 1003) that 

would reduce the amount authorized to be appropriated to the Department of Defense by $1.7 billion to reflect the reduced inflation 

estimates in the Congressional Budget Office’s annual review of the 

budget. 

The House bill contained no similar provision. 

The Senate recedes. 

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

The House bill contained a provision (sec. 1004) that would authorize the Secretary of Defense or his designee to waive indebtedness when the cost of processing the transaction exceeds the 

amounts recoverable. The maximum amount that may be waived 

under this statue would be the micro-purchase threshold, currently 

$2,500. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees request that the Department of Defense provide 

the following information: (1) proposed regulations for the purposes 

of this section; (2) how this authority will be used with the existing 

law related to claims or debt collection, including the Debt Collection Improvement Act; (3) the number of estimated transactions 

that will be used with this authority regarding amounts owed by 

members of the Armed Forces and Department civilian personnel; 

(4) the number of estimated transactions that will be used with 

this authority regarding amounts owed by contractors; and (5) the 

procedures that will be implemented to track debts waived for 

members of the Armed Forces and Department civilian personnel 

for tax implications. 

Report on amounts remitted and reimbursed during fiscal year 2004 

under section 1007 of Public Law 108–136 

The House bill contained a provision (sec. 1008) that would require the Secretary of Defense to submit a report not later than 30 

days after the end of fiscal year 2004 on amounts remitted and reimbursed during fiscal year 2004 under section 1007 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 

108–136; 117 Stat. 1585; 10 U.S.C. 2241 note). 

The Senate amendment contained no similar provision. 

768

The House recedes. 

The conferees note that section 1007 of the National Defense 

Authorization Act for Fiscal Year 2004 permits funds appropriated 

to the Department of Defense to be transferred to the Department 

of State as payment for a fee charged by the Department of State 

for maintenance, upgrade, or construction of U.S. diplomatic facilities only to the extent that the amount charged in any given year 

exceeds the total amount of unreimbursed costs incurred by the Department of Defense during that year in providing goods and services to the Department of State. Section 8067 of the Defense Appropriations Act for Fiscal Year 2005 permits funds appropriated to 

the Department of Defense to be transferred to the Department of 

State as remittance for a fee charged by the Department of State 

for fiscal year 2005 for maintenance, upgrade, or construction of 

U.S. diplomatic facilities only to the extent that the amount of the 

fee so charged exceeds the total amount of the unreimbursed costs 

incurred by the Department of Defense during that fiscal year in 

providing goods and services to the Department of State. 

The conferees further note that the capital security cost sharing program has not been authorized by the Congress. While the 

conferees recognize the need to upgrade and construct new U.S. 

diplomatic facilities, the conferees oppose the use of a capital cost 

sharing program as a means of accomplishing this goal. As currently described by the administration, the capital cost sharing program does not take into account the goods and services that other 

departments and agencies provide to the Department of State at no 

cost. The conferees urge the administration to request sufficient 

funds for the Department of State in future year budget requests 

to provide for the costs of upgrading or constructing U.S. diplomatic facilities. 

Limitation on leasing of foreign-built vessels 

The House bill contained a provision (sec. 1014) that would restrict the secretary of a military department from entering into a 

contract for a lease or charter of a vessel for a term of more than 

12 months, including all options to renew or extend the contract, 

if the hull, a major component of the hull, or superstructure of the 

vessel is constructed in a foreign shipyard. This provision includes 

a clause by which the President could make an exception to this 

limitation if the President determines it is in the national security 

interest of the United States to do so. 

The Senate amendment contained no similar provision. 

The House recedes. 

Report on availability of potential overland ballistic missile defense 

test ranges 

The Senate amendment contained a provision (sec. 1025) that 

would require the Secretary of Defense to submit a report to Congress assessing the availability of potential ballistic missile defense 

test ranges for overland intercept flight tests of defenses against 

ballistic missiles with a range of 750–1500 kilometers. 

The House bill amendment contained no similar provision. 

The Senate recedes. 

769

The conferees direct the Secretary of Defense to submit a report to the congressional defense committees by February 1, 2005, 

that assesses the availability of potential ballistic missile defense 

test ranges for overland intercept flight tests of defenses against 

ballistic missiles with a range of 750–1500 kilometers. 

Sense of Congress on space launch ranges 

The Senate amendment contained a provision (sec. 1035) that 

would express the sense of Congress that the Secretary of Defense 

should provide support for and continue the development of range 

safety systems to reduce costs and enhance technical capabilities 

and operational safety at U.S. space launch ranges. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees continue to believe that safe, effective, and efficient space launch ranges are key to assured access to space. The 

conferees are aware of ongoing efforts to develop, test, and certify 

launch range technology based on Global Positioning System signals and inertial navigation that holds promise to improve downrange reentry support, increase launch support capability, lower 

range support costs, and improve range safety. The conferees encourage the Department of Air Force to support these efforts. 

Compensation for former prisoners of war 

The Senate amendment contained a provision (sec. 1055) that 

would require that any plan of the Secretary of Defense to provide 

compensation to an individual who was injured in a military prison 

under the control of the United States in Iraq shall include a provision to address the injuries suffered by the citizens of the United 

States who were held as prisoners of war by the regime of Saddam 

Hussein during the First Gulf War. 

The House bill contained no similar provision. 

The Senate recedes. 

Phased implementation of new program for transporting household 

goods of members of the Armed Forces 

The House bill contained a provision (sec. 1065) that would 

prohibit the Secretary of Defense from implementing the new program, ‘‘Families First’’ for the transportation of household goods of 

members of the Armed Forces and their dependents beyond phase 

I of the program until the Secretary submits to Congress a report 

evaluating whether phase I met its objectives and whether it is in 

the best interest of the Department of Defense and members of the 

Armed Forces to move forward to phase II of the program. 

The Senate amendment contained no similar provision. 

The House recedes. 

Repeal of quarterly reporting requirement concerning payments for 

District of Columbia water and sewer services and establishment of annual report by Treasury 

The Senate amendment contained a provision (sec. 1067) that 

would amend the District of Columbia Public Works Act of 1954, 

as amended, to repeal the requirement that the Inspector General 

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ices from the District of Columbia submit quarterly reports, analyzing the promptness of payments for such services. These reports 

would be replaced by an annual report on payments for these services submitted by the Secretary of the Treasury to the Committees 

on Appropriations of the Senate and the House and Representatives, the Committee on Governmental Affairs of the Senate, and 

the Committee on Government Reform of the House of Representatives. 

The House bill contained no similar provision. 

The Senate recedes. The conferees anticipate that this issue 

will be addressed in other legislation. 

Assistance for study of feasibility of biennial international air trade 

show in the United States and for initial implementation 

The House bill contained a provision (sec. 1072) that would require the Secretary of Defense to select and provide assistance to 

a community in conducting a joint study to determine the feasibility of establishing an international air trade show in that community. 

The Senate amendment contained no similar provision. 

The House recedes. 

Commission on the long-term implementation of the new strategic 

posture of the United States 

The House bill contained a provision (sec. 1074) that would establish a new commission to review the long-term implementation 

of Nuclear Posture Review recommendations. 

The Senate amendment contained no similar provision. 

The House recedes. 

Grant of federal charter to Korean War Veterans Association, Incorporated 

The Senate amendment contained a provision (sec. 1074) that 

would modify title 36, United States Code, to grant a federal charter to the Korean War Veterans Association, Incorporated. 

The House bill contained no similar provision. 

The Senate recedes. 

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

The House bill contained a provision (sec. 1077) that would authorize the Secretary of Defense to assign members of the Army, 

Navy, Air Force, and Marine Corps to assist the Bureau of Border 

Security and the U.S. Customs Service of the Department of Homeland Security in preventing the entry of terrorists, drug traffickers, 

and illegal aliens into the United States; and to aid in the inspection of cargo, vehicles, and aircraft at points of entry into the 

United States to prevent the entry of weapons of mass destruction, 

prohibited narcotics or drugs, or other terrorist or drug trafficking 

items. 

The Senate amendment contained no similar provision. 

The House recedes. 

771

Sense of the Senate on American Forces Radio and Television Service 

The Senate amendment contained a provision (sec. 1077) that 

would express the sense of the Senate that the mission statement 

and policies of the American Forces Radio and Television Service 

appropriately state the goal of maintaining equal opportunity balance with respect to political programming and that the Secretary 

of Defense should ensure that these policies are fully being implemented. 

The House bill contained no similar provision. 

The Senate recedes. 

Extension of scope and jurisdiction for current fraud offenses 

The Senate amendment contained a provision (sec. 1080) that 

would provide for extraterritorial jurisdiction under the provisions 

of section 1001 of title 18, United States Code, dealing with false 

statements or entries and section 1031 of that title, dealing with 

major fraud against the United States. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees believe that existing law adequately addresses 

the situation. 

Broadcast Decency Enforcement Act of 2004 

The Senate amendment contained several provisions (sec. 

1084–1089) that would (1) amend the Communications Act of 1934 

(47 U.S.C. 151 et seq.) to increase the penalties for broadcasting 

obscene, indecent, or profane language; (2) provide mitigating factors for such penalties; (3) make findings on media concentration 

and suspend the media concentration rules adopted by the Federal 

Communications Commission in June, 2003; and (4) prohibit the 

distribution of violent video programming not blockable by electronic means. 

The House bill contained no similar provision. 

The Senate recedes. 

Local Law Enforcement Enhancement Act of 2004 

The Senate amendment contained several provisions (sec. 

3401–3410) that would constitute the ‘‘Local Law Enforcement Enhancement Act of 2004.’’ The Attorney General, at the request of 

a State or tribal law enforcement official, could provide assistance 

in the investigation or prosecution of certain hate crimes. The Attorney General could also award grants to State, local, and tribal 

law enforcement officials to assist with the investigation and prosecution of such crimes. Chapter 13 of title 18, United States Code, 

would be amended to establish a substantive federal prohibition of 

certain specific hate crime acts. No prosecution could be undertaken under this section without certification from the Attorney 

General or certain other officials of the Department of Justice. 

The House bill contained no similar provision. 

The Senate recedes.

(773)

TITLE XI—CIVILIAN PERSONNEL MATTERS 

ITEMS OF SPECIAL INTEREST

Fort Meade—work related illnesses 

The conferees are concerned with continued reports of work related illnesses among the National Security Agency (NSA) employees at Fort Meade, Maryland. The conferees direct the Secretary of 

Defense to undertake an epidemiological study and health hazard 

evaluation related to NSA buildings at Fort Meade. The conferees 

believe the National Institute for Occupational Safety and Health 

of the Department of Health and Human Services is an appropriate 

federal government organization to perform such a study. The conferees expect the study to be completed by March 2006. 

LEGISLATIVE PROVISIONS ADOPTED

Payment of Federal employee health benefit premiums for mobilized 

Federal employees (sec. 1101) 

The House bill contained a provision (sec. 1101) that would authorize a federal government employee, who is a member of a Reserve component ordered to active-duty in support of a contingency 

operation and placed on leave without pay, to continue to receive 

coverage under the Federal Employee Health Benefit Program for 

24 months. The provision would also authorize the agency to pay 

both the employee’s share and the agency’s share of the premiums 

for continued coverage up to 24 months. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Foreign language proficiency pay (sec. 1102) 

The House bill contained a provision (sec. 1102) that would 

eliminate the restriction in current law that foreign language proficiency pay may be paid only to those civilian employees working 

in support of contingency operations. 

The Senate amendment contained a similar provision (sec. 

1102). 

The House recedes with an amendment to require that the authority for foreign language proficiency pay will take effect on the 

first day of the first month that begins after the date of enactment 

of this Act. 

Pay and performance appraisal parity for civilian intelligence personnel (sec. 1103) 

The House bill contained a provision (sec. 1103) that would require the Secretary of Defense to fix the rates of basic pay for employees within the Department’s Civilian Intelligence Personnel 

System in relation to rates of pay provided for their counterparts 

774

elsewhere within the Department of Defense. The provision would 

repeal maximum rates of pay and outline the performance appraisal system for senior executive service personnel. 

The Senate amendment contained a similar provision (sec. 

1103) that would also require the implementation of an appraisal 

system for Defense Intelligence Senior Executive Service personnel 

comparable to that provided for other senior executive service personnel in the Department of Defense that would make meaningful 

distinctions based on performance. 

The House recedes with an amendment to clarify that pay 

rates for defense civilian intelligence personnel would be established in relation to the rates of pay provided for comparable positions in the Department of Defense, and subject to the same limitations on maximum rates of pay established for employees of Defense by law or regulation. The amendment would recede to the 

Senate’s version of the performance appraisal system for senior executive service personnel in the Defense Intelligence Personnel System. 

Pay parity for senior executives in defense nonappropriated fund instrumentalities (sec. 1104) 

The House bill contained a provision (sec. 1104) that would authorize the Secretary of Defense to adjust the pay cap for Department of Defense nonappropriated fund executives to ensure that 

the compensation paid to such employees remains consistent with 

the Senior Executive Service employees. 

The Senate amendment contained a similar provision (sec. 

1105).

The House recedes with a technical amendment. 

The conferees intend that in order to qualify for higher pay, 

the nonappropriated fund executives would meet performance 

standards established in a rigorous performance management system as required for federal civil service employees under section 

5382 of title 5, United States Code. 

Science, mathematics and research for transformation (SMART) defense scholarship pilot program (sec. 1105) 

The Senate amendment contained a provision (sec. 1101) that 

would establish a pilot program within the Department of Defense 

to provide targeted educational assistance to individuals seeking a 

baccalaureate or an advanced degree in science and engineering 

disciplines that are critical to national security. This provision 

would allow individuals to acquire such education in exchange for 

a period of employment with the Department in the areas specified. 

The House bill contained no similar provision. 

The House recedes. 

Report on how to recruit and retain individuals with foreign language skills (sec. 1106) 

The Senate amendment contained a provision (sec. 1108) that 

would require the Secretary of Defense to submit a plan to the congressional defense and intelligence committees with the fiscal year 

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curity foreign language workforce of the Department of Defense, on 

both a near-term and a long-term basis. 

The House bill contained no similar provision. 

The House recedes with a technical amendment that would require the Secretary to submit the required plan to the congressional defense and intelligence committees no later than March 31, 

2005, and incorporate the findings of the Senate’s provision into 

this statement of managers. 

The conferees agree that strengthening the foreign language 

workforce of the Department is a critical step in winning the global 

war on terrorism and improving the national security of the United 

States. The conferees find that: (1) The Federal Government has a 

requirement to ensure that the employees of its departments and 

agencies with national security responsibilities are prepared to 

meet the challenges of the current and future international environment; (2) According to a 2002 General Accounting Office report, 

federal agencies have shortages in translators and interpreters and 

an overall shortfall in the language proficiency levels needed to 

carry our their missions, which has adversely affected agency operations and hindered U.S. military, law enforcement, intelligence, 

counterterrorism, and diplomatic efforts; (3) Foreign language 

skills and area expertise are integral to, or directly support, every 

foreign intelligence discipline and are essential factors in national 

security readiness, information superiority, and coalition peacekeeping or warfighting missions; (4) Communicating in languages 

other than English and understanding and accepting cultural and 

societal differences are vital to the success of peacetime and wartime military and intelligence activities; (5) Proficiency levels required for foreign language support to national security functions 

have been raised, and what was once considered proficiency is no 

longer the case; (6) According to the Joint Intelligence Committee 

Inquiry into the 9/11 Terrorist Attacks, the U.S. intelligence community had insufficient linguists prior to September 11, 2001, to 

handle the challenge it faced in translating the volumes of foreign 

language counterterrorism intelligence it collected, including a 

readiness level of only 30 percent in the most critical languages 

that are used by terrorists; and (7) Because of this shortage, the 

Federal Government has had to enter into private contracts to procure linguist and translator services, including some positions that 

would be more appropriately filled by permanent federal employees 

or members of the U.S. Armed Forces. 

The conferees expect the Secretary to formulate a comprehensive, achievable plan for improving the foreign language workforce 

of the Department, both military and civilian, and to work closely 

with other agencies of the Federal Government to ensure that the 

foreign language requirements of the United States are met. 

Plan on implementation and utilization of flexible personnel management authorities in Department of Defense laboratories (sec. 

1107) 

The Senate amendment contained a provision (sec. 1109) that 

would require the Under Secretary of Defense for Acquisition, 

Technology and Logistics and the Under Secretary of Defense for 

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mittees on Armed Services in the Senate and the House of Representatives a plan for the effective utilization of specific personnel 

management authorities designed to increase the mission responsiveness, efficiency, and effectiveness of Department of Defense laboratories. 

The House bill contained no similar provision. 

The House recedes with an amendment that would change the 

reporting requirements associated with the plan. 

The conferees note that Secretary of the Navy Gordon England’s letter to the Committee on Government Reform of the House 

of Representatives, dated April 26, 2004, stated that the Department ‘‘will not impose Best Practices in those laboratories that are 

temporarily exempt’’ from the National Security Personnel System. 

The Secretary further stated that the Department’s laboratories 

‘‘should be able to continue individually to refine and evolve their 

‘successfully tailored systems’ over the next several years if they 

determine that such adjustments are beneficial and not disruptive 

to their workforce.’’ 

LEGISLATIVE PROVISIONS NOT ADOPTED

Accumulation of annual leave by intelligence senior-level employees 

The Senate amendment contained a provision (sec. 1104) that 

would permit intelligence senior-level employees of the Department 

of Defense to accumulate annual leave in a manner identical to the 

Department’s Senior Executive Service. 

The House bill contained no similar provision. 

The Senate recedes. 

Prohibition of unauthorized wearing or use of civilian medals or 

decorations 

The House bill contained a provision (sec. 1105) that would 

prohibit any person from merchandising or wearing a Department 

of Defense civilian medal or decoration without the written permission of the Secretary of Defense. The provision would also authorize the Attorney General to initiate a civil proceeding in a U.S. district court to enjoin the prohibited practice. 

The Senate amendment contained no similar provision. 

The House recedes. 

(777)

TITLE XII—MATTERS RELATING TO OTHER NATIONS 

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Matters Relating to Iraq, Afghanistan, and Global War 

on Terrorism 

Commanders’ Emergency Response Program (sec. 1201) 

The House bill contained a provision (sec. 1203) that would authorize the Secretary of Defense to use, notwithstanding any other 

provision of law, up to $300.0 million in operations and maintenance funding for additional costs due to Operation Iraqi Freedom 

and Operation Enduring Freedom for the Commanders’ Emergency 

Response Program (CERP), under which commanders in Iraq and 

Afghanistan receive funds for use in small humanitarian and reconstruction projects in their areas of responsibility. The provision 

would require quarterly reports on the source and use of funds pursuant to this program. 

The Senate amendment contained a similar provision (sec. 

311), but did not include the phrase ‘‘notwithstanding any other 

provision of law.’’ 

The Senate recedes with an amendment that would provide the 

Secretary authority to waive any provision of law that would prohibit, restrict, limit or otherwise constrain implementation of the 

CERP program in Iraq and Afghanistan. The provision would also 

require the Secretary to submit a report within 120 days to the 

Committees on Armed Services of the Senate and the House of 

Representatives identifying all provisions of law that, if not waived, 

would prohibit, restrict, limit or otherwise constrain implementation of the CERP program in Iraq and Afghanistan. In the event 

that the Secretary identifies additional such provisions of law after 

the report is submitted to the Committees on Armed Services of the 

Senate and the House of Representatives, the conferees expect the 

Secretary to send supplemental reports with the requested information to those committees. 

Assistance to Iraq and Afghanistan military and security forces (sec. 

1202) 

The Senate amendment contained a provision (sec. 1053) that

would authorize the Secretary of Defense, with the concurrence of 

the Secretary of State, to use up to $250.0 million in operations 

and maintenance funding to provide assistance in fiscal year 2005 

to Iraq and Afghanistan military or security forces solely to enhance their ability to combat terrorism and support United States 

or coalition military operations in Iraq and Afghanistan, respectively. 

The House bill contained no similar provision. 

778

The House recedes with an amendment that would authorize 

the Secretary of Defense to use up to $500.0 million in operations 

and maintenance funding for additional costs due to Operation 

Iraqi Freedom and Operation Enduring Freedom to provide assistance in fiscal year 2005 to Iraq and Afghanistan military or security forces solely to enhance their ability to combat terrorism and 

support United States or coalition military operations in Iraq and 

Afghanistan, respectively. The provision defines ‘‘military and security forces’’ to mean national armies, national guard forces, border 

security forces, civil defense forces, infrastructure protection forces, 

and police. 

The conferees note that the authority provided by this provision would not permit the provision of assistance to nongovernmental or irregular forces such as private militias. The conferees 

expect the prior notifications to the congressional defense committees to include detailed information regarding the proposed 

amounts of funds to be spent, recipients of the funds, and the specific purposes for which the funds would be used. 

Redesignation and modification of authorities relating to Inspector 

General of the Coalition Provisional Authority (sec. 1203) 

The Senate amendment contained a provision (sec. 1059B) that 

would amend the Emergency Supplemental Appropriations Act for 

Defense and Reconstruction of Iraq and Afghanistan, 2004 (Public 

Law 108–106), to establish the Office of Special Inspector General 

for Iraq Reconstruction; to provide for the continuation in office of 

the individual presently serving as Inspector General of the Coalition Provisional Authority; to provide that the Inspector General 

shall be responsible to the Secretaries of State and Defense; to provide for support of the Inspector General at appropriate locations 

of the Department of State in Iraq; to provide for reporting by the 

Inspector General to the Secretaries of State and Defense; to provide for jurisdiction of the Inspector General over sums appropriated to the Iraq Relief and Reconstruction Fund; to provide for 

coordination by the Inspector General with the Inspectors General 

of the Departments of State and Defense and the Agency for International Development; to allow personnel of the Inspector General 

to carry firearms and make arrests in the line of duty with the permission of the Attorney General; and to provide for the termination 

of the Office of the Special Inspector General. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Presidential report on strategy for the stabilization of Iraq (sec. 

1204) 

The House bill contained a provision (sec. 1204) that would require the Secretary of Defense to submit a strategic plan on how 

the United States will achieve the goal of establishing capable Iraqi 

security forces to provide for the long-term security of the Iraqi 

people. 

The Senate amendment contained a similar provision (sec. 

1029E) that would require the President to submit a report on the 

strategy of the United States and coalition partners to stabilize 

Iraq, including the training and deployment of Iraqi security forces, 

779

as well as the participation of other international police and military forces. 

The House recedes with an amendment that would incorporate 

the House provision into the Senate provision and require a single 

Presidential report, followed by quarterly updates from the Secretary of Defense, in conjunction with the Secretary of State, during calendar year 2005. Each quarterly report shall address the following: the number of forces recruited, currently serving, and that 

have left (along with a breakdown of the reasons for leaving) by 

service over the period in question; progress in meeting training 

goals; progress in achieving other metrics as identified in the strategic plan; and a description and analysis of any training incidents 

and deployment successes and failures, with a discussion of how 

those incidents and successes will affect future efforts to achieve 

the goals of the strategic plan. 

Guidance on contractors supporting deployed forces in Iraq (sec. 

1205) 

The House bill contained a provision (sec. 1205) that would require the Secretary of Defense to issue guidance and a report on 

contractors supporting deployed forces in Iraq. 

The Senate amendment contained a similar provision (sec.

864). In addition, the Senate amendment contained a provision 

(sec. 865) that would require a report on contractor performance of 

security, intelligence, law enforcement, and criminal justice functions in Iraq. 

The Senate recedes with an amendment that would provide additional detail on the guidance to be issued. The amendment would 

require that the Secretary’s guidance address the issue of contractor performance of security, intelligence, law enforcement, and 

criminal justice functions. The conferees expect the guidance to address the full range of security, intelligence, law enforcement, and 

criminal justice functions that are being performed by contractors 

in support of current military operations or are anticipated to be 

performed by contractors in support of future military operations. 

The amendment would also require that the guidance address: 

(1) investigating background and qualifications of contractor security personnel and organizations; and (2) ensuring proper training 

and compliance with rules of engagement by armed contractor security personnel. The conferees take no position as to whether such 

investigations and training should be conducted by Department of 

Defense personnel or by contractor personnel subject to Department oversight. 

The conferees expect the Secretary to coordinate, as appropriate, with the heads of other departments and agencies of the 

Federal Government that would be affected by the implementation 

of the guidance. 

In addition, the conferees expect the Secretary, in preparing 

the guidance required by this section, to address options for enhancing contractor security and reducing contractor security costs 

in current and future armed conflicts. The options considered 

should include: (1) temporary commissioning of contractor security 

personnel as Reserve component officers in order to subject such 

personnel to the military chain of command; (2) requiring conVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00805 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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tractor security personnel to obtain security clearances to facilitate 

the communication of critical threat information; (3) establishing a 

contract schedule for companies furnishing contractor security personnel to provide a more orderly process for the selection, training, 

and compensation of such personnel; (4) establishing a contract 

schedule for companies to provide more cost-effective insurance for 

contractor security personnel; and (5) providing for U.S. indemnification of contractors to reduce the costs of insuring contractor 

security personnel. The report required by subsection (c) should explain the rationale for the Secretary’s decision to implement or not 

to implement these options. 

Report on contractors supporting deployed forces and reconstruction 

efforts in Iraq (sec. 1206) 

The Senate amendment contained a provision (sec. 1021) that 

would require a report on contractor security in Iraq. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify the 

reporting requirements. 

With regard to contractor casualties and fatalities, the report 

would include: (1) a plan for establishing and implementing a process for collecting data on casualties and fatalities; and (2) a requirement for data on casualties and fatalities that have occurred 

since the conclusion of major combat operations in Iraq. The conferees understand that the Department of Defense has not yet established a comprehensive system for collecting data on contractor 

casualties and fatalities and do not believe that the requirement to 

provide retrospective data should be, or needs to be, implemented 

in a manner that would become burdensome on the combatant 

command or on combat units, but should be done in a manner and 

to an extent that does not undermine military operations. The conferees believe that the Department should be able to collect this information accurately and comprehensively from the contractors 

themselves. The requirement to establish a plan for collecting contractor casualty and fatality data in the future should ensure that 

such data is collected routinely and uniformly. 

With regard to the requirement to establish a plan for establishing and implementing a process for collecting data on contractors performing security functions in Iraq, the conferees understand that the categories of security functions performed by contractors are not mutually exclusive and expect the Department to 

indicate any overlap to the best of its ability. 

United Nations Oil-for-Food Program (sec. 1207) 

The Senate amendment contained a provision (sec. 1058) that 

would: (1) require the Inspector General of the Department of Defense to ensure, not later than June 30, 2004, the security of all 

documents relevant to the United Nations Oil-for-Food Program 

that are in the possession or control of the Coalition Provisional 

Authority; (2) require executive agencies to provide to the Senate 

committees of jurisdiction access to documents and information relevant to the Oil-for-Food Program; (3) call on the Secretary of State 

to urge the Secretary General of the United Nations to provide the 

United States copies of all audits and core documents related to the 

781

Oil-for-Food Program; and (4) require the Comptroller General to 

conduct a review of United States oversight of the Oil-for-Food Program. 

The House bill contained no similar provision.

The House recedes with an amendment that would: (1) express 

the sense of Congress that the Secretary of State should seek to 

conclude a Memorandum of Understanding with the Iraq Interim 

Government to ensure that the United States will have access to 

all documents in the possession of the Iraq Interim Government related to the United Nations Oil-for-Food Program; (2) require executive agencies to provide to congressional committees of jurisdiction 

access to documents and information relevant to the Oil-for-Food 

Program; (3) call on the Secretary of State to urge the Secretary 

General of the United Nations to provide the United States copies 

of all audits and core documents related to the Oil-for-Food Program; and (4) require the Comptroller General to conduct a review 

of the Oil-for-Food Program, including the role of the United 

States. 

The conferees note their understanding that the phrase ‘‘committee of jurisdiction’’ includes, but is not limited to, the Committees on Armed Services of the Senate and House of Representatives, and the Permanent Subcommittee on Investigations of the 

Committee on Governmental Affairs of the Senate. 

Support of military operations to combat terrorism (sec. 1208) 

The House bill contained a provision (sec. 1202) that would au- thorize the Secretary of Defense to expend up to $25.0 million during fiscal years 2005 to 2007 to provide support to foreign forces, 

irregular forces, groups, or individuals engaged in supporting or facilitating ongoing military operations by the U.S. Special Operations Forces to combat terrorism. The provision would not, however, constitute authority to conduct a covert action. The Secretary 

would be required to submit a report on the support provided 

under this section within 30 days of the close of each fiscal year. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary to establish procedures for the exercise of such authority 

and to notify the congressional defense committees of these procedures prior to the exercise of authority contained in the provision. 

Additionally, the amendment would require the Secretary to notify 

the congressional defense committees expeditiously, and in any 

event, within 48 hours, of the use of such authority as part of an 

approved military operation, and would prohibit the Secretary from 

delegating this authority. 

The conferees intend that nothing in this provision shall constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution (Public Law 93–148) or to 

supercede any requirement of the War Powers Resolution. 

Report on al Qaeda activity in the Western Hemisphere (sec. 1209) 

The conferees agree to include a provision that would direct 

the Secretary of Defense, in consultation with the Secretary of 

State to submit to the committees on Armed Services of the Senate 

and House of Representatives of Congress a report on the activities 

782

of al Qaeda and associated groups in Latin America and Caribbean, 

including (1) an assessment of the extent to which such groups 

have established a presence in the area; (2) a description of activities of such groups in the area, including fund-raising, money laundering, narcotrafficking, and association with criminal groups; (3) 

an assessment of the threat posed by such groups to the peace and 

stability of nations in the area and to United States interests; and 

(4) a description of the United States policies intended to deal with 

such a threat. The provision would require that an unclassified report, with a classified annex as necessary, be submitted no later 

than 180 days after the date of enactment of this Act. The conferees note their concern about potential al Qaeda activity in the 

Western Hemisphere, and the indirect and direct threat to United 

States national security that such activity represents. 

Subtitle B—Counterproliferation Matters 

Defense international counterproliferation programs (sec. 1211) 

The House bill contained a provision (sec. 1411) that would authorize the Secretary of Defense to expand existing programs to 

train foreign border and law enforcement officials in preventing the 

illicit transfer of weapons of mass destruction in the states of the 

former Soviet Union, Eastern Europe, and the Baltic States, by 

granting the Secretary authority to conduct those programs in any 

other country in which the Secretary determines a significant 

threat exists. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Policy and sense of Congress on nonproliferation of ballistic missiles 

(sec. 1212) 

The Senate amendment contained a provision (sec. 1071) that 

would establish the policy of the United States to develop, support, 

and strengthen efforts to curtail the proliferation of ballistic missiles and related technology. The provision would also express the 

sense of Congress that ballistic missile proliferation represents a 

threat to the United States and its allies and friends which has 

been slowed by a variety of means, and that steps to prevent such 

proliferation should be vigorously pursued. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Sense of Congress on the Global Partnership against the Spread of 

Weapons of Mass Destruction (sec. 1213) 

The Senate amendment contained a provision (sec. 1059) that 

would express the sense of Congress that the President should be 

commended for the steps taken at the G–8 summit at Sea Island, 

Georgia, on June 8–10, 2004, to demonstrate continued support for 

the Global Partnership against the Spread of Nuclear Weapons and 

Materials of Mass Destruction, and to expand the Global Partnership by welcoming new members and using the partnership to coordinate nonproliferation projects in Libya, Iraq, and other countries. The provision would also call on the President to take a number of specific steps to strengthen the partnership. 

783

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Report on collaboration to reduce the risks of a launch of Russian 

nuclear weapons (sec. 1214) 

The House bill contained a provision (sec. 1423) that makes 

certain findings and would require the Secretary of Defense to submit a report to Congress by November 1, 2005 on steps that might 

be taken to reduce the danger of unauthorized or accidental ballistic missile launches. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Secretary to submit a report to Congress by November 1, 2005 on 

current and future collaborative efforts to reduce the risk of unauthorized or accidental launches of nuclear armed ballistic missiles. 

The conferees recognize that a number of factors related to 

Russian Federation nuclear forces contribute to the risk of unauthorized or accidental launch of Russian ballistic missiles. These 

factors include: the high state of readiness of the Russian Federation intercontinental ballistic missile force; the remote location of 

many of these forces; shortcomings in the Russian Federation’s 

early warning system; the short decision time available to the Russian Federation President after being informed of a possible nuclear attack; the possibility that the Russian Federation, because 

of concerns that its nuclear forces would not survive a nuclear attack, may have a nuclear deterrence posture that relies on launching a retaliatory strike on warning of nuclear attack; deficiencies 

in the security and control of Russian Federation nuclear forces; 

and the susceptibility of nuclear strategic command and control 

systems and early warning systems to an intrusion or accident that 

could create the false impression that a nuclear ballistic missile attack is underway. The conferees believe that collaborative measures between the United States and the Russian Federation and 

continued high-level discussions between U.S. and Russian Federation military leaders could be useful in reducing these risks. 

Subtitle C—Other Matters 

Authority for humanitarian assistance for the detection and clearance of landmines extended to include other explosive remnants 

of war (sec. 1221) 

The Senate amendment contained a provision (sec. 1051) that 

would add a new section to chapter 20 of title 10, United States 

Code, to authorize the Secretary of Defense to provide military 

training, education, and technical assistance to foreign nations for 

the purpose of detecting and clearing landmines or other explosive 

remnants of war. The provision would clarify existing law by separating authority to conduct humanitarian mine clearing actions 

from the authority to conduct humanitarian and civic assistance, 

and recognize the requirement to detect and clear other explosive 

remnants of war, in addition to landmines. 

The House bill contained no similar provision. 

The House recedes with an amendment that would amend section 401 of title 10, United States Code, to include explosive remVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00809 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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nants of war, but would not establish a new category for humanitarian activity. 

Expansion of entities of the People’s Republic of China subject to 

certain Presidential authorities when operating in the United 

States (sec. 1222) 

The House bill contained a provision (sec. 1212) that would expand the definition of a ‘‘Communist Chinese military company’’ as 

defined in the Strom Thurmond National Defense Authorization

Act for Fiscal Year 1999 (Public Law 105–261) to include Chinese 

firms owned or operated by a ministry of the People’s Republic of 

China or an entity affiliated with the defense industrial base of the 

People’s Republic of China. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Assignment of NATO naval personnel to submarine safety programs 

(sec. 1223) 

The House bill contained a provision (sec. 1211) that would authorize the Secretary of Defense to assign military personnel from 

NATO countries and specified other countries to U.S. commands for 

the purpose of working on the standardization, development, and 

interoperability of submarine safety and rescue systems and procedures. 

The Senate amendment contained a similar provision (sec. 

1054). 

The Senate recedes with an amendment that would: (1) limit 

the authority of the Secretary of the Navy to the assignment of 

members of the naval services of NATO nations in connection with 

this program; and (2) terminate this authority after September 30, 

2008. 

Availability of Warsaw Initiative Funds for new NATO Members 

(sec. 1224) 

The conferees agree to include a provision that would make 

available up to $4.0 million of Warsaw Initiative Funds in fiscal 

year 2005 for the participation of new North Atlantic Treaty Organization (NATO) Members (Bulgaria, Estonia, Latvia, Lithuania, 

Romania, Slovakia, and Slovenia) in the exercises and programs of 

the Partnership for Peace program. This authority would be available only in fiscal year 2005. 

The conferees note that Warsaw Initiative Funds are authorized for the participation of Partnership for Peace nations in the 

exercises and programs of NATO’s Partnership for Peace program. 

In a letter to the Committees on Armed Services of the Senate 

and the House of Representatives, the Deputy Secretary of Defense 

requested that $4.0 million of these funds be available in fiscal 

year 2005 to new NATO members, specifically to work with remaining Partnership for Peace nations as they seek closer cooperation with NATO. The Deputy Secretary noted in his letter that in 

1999, when Poland, Hungary, and the Czech Republic became 

NATO Members, a limited amount of Warsaw Initiative Funds continued into fiscal year 2000 for exercises and programs that had 

begun in fiscal year 1999, as well as for funding completion of proVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00810 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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gram audits by local-hire administrative personnel in each of these 

countries. 

The conferees expect that the use of Warsaw Initiative Funds 

in fiscal year 2005 for new NATO Members will similarly be used 

for the purposes of completing exercises and programs that began 

in fiscal year 2004 and, as necessary, completing program audits 

in those countries. 

Bilateral exchanges and trade in defense articles and defense services between the United States and the United Kingdom and 

Australia (sec. 1225) 

The Senate amendment contained a provision (sec. 1059A) that 

would provide an exception from the certain requirements of subsection (j) of section 38 of the Arms Export Control Act related to 

bilateral agreement requirements for the transfers of defense items 

for the Governments of Australia and the United Kingdom. 

The House contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of State, in consultation with the Secretary of Defense, 

to expeditiously process any application for the export of defense 

items to the Governments of Australia and the United Kingdom 

without referral to any other Federal department of agency, except 

where the item is classified or exceptional circumstances apply. 

Study on Missile Defense Cooperation (sec. 1226) 

The Senate amendment contained a provision (sec. 1070) that 

would require the Secretary of State and the Secretary of Defense 

to establish procedures for streamlining the export licensing review 

process for missile defense items and examine the feasibility of providing major project authorizations for programs related to missile 

defense similar to those established under section 126.14 of the 

International Traffic in Arms Regulations. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Secretary of Defense, in consultation with the Secretary of State, 

to study the advisability and feasibility of establishing procedures 

for streamlining the export licensing review process for missile defense items and providing major project authorizations for programs related to missile defense. 

LEGISLATIVE PROVISIONS NOT ADOPTED

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

The House bill contained a provision (sec. 1201) that would require the Secretary of Defense to establish a process for transferring to Iraqi entities documentation on the nature of the Saddam 

Hussein regime, including any documents or records that have 

been captured by U.S. military forces in Iraq regarding the activities of the Saddam Hussein government and individuals within 

that government. 

The Senate amendment contained no similar provision. 

The House recedes. 

786

The conferees note that the Secretary has already transferred 

most of the noteworthy documentation and is sharing relevant information with the Iraqi government. 

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

The House bill contained a provision (sec. 1208) that would express the sense of Congress that no U.S. funds may be used for reconstruction activities in Iraq until the President certifies that the 

Government of Iraq has agreed to expend a significant portion of 

its oil production revenues on reconstruction activities. 

The Senate amendment contained no similar provision. 

The House recedes. 

Sense of Congress on destruction of Abu Ghraib prison in Iraq 

The House bill contained a provision (sec. 1209) that would express the sense of Congress that the Secretary of Defense should 

assist the Government of Iraq in destroying the Abu Ghraib prison 

and replacing it with a modern detention facility. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that Abu Ghraib prison was one of the 

world’s most notorious prisons during the rule of Saddam Hussein, 

and that recent misconduct at that prison by members of the U.S. 

Armed Forces have further highlighted the horrible memories associated with Abu Ghraib. The conferees further note the progress 

made in improving conditions at Abu Ghraib prison in recent 

months, combined with the limited options available to the Government of Iraq for adequate detention facilities, suggest that continued operation of the prison may be a necessity in the near-term. 

The conferees believe that the fate of Abu Ghraib prison is a decision for the sovereign Government of Iraq. 

Report on Global Peace Operations Initiative 

The House bill contained a provision (sec. 1213) that would require the President to report to Congress on the Global Peace Operations Initiative (GPOI), a new program announced by the administration after the submission of the budget request. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees note that, traditionally, the training of foreign 

peacekeeping forces has been conducted by the Department of 

State under title 22 of the United States Code. The conferees further note that the administration has the necessary authority 

under title 22 to conduct GPOI as a foreign assistance program. 

Procurement sanctions against certain foreign persons that transfer 

certain defense articles and services to the People’s Republic of 

China 

The House bill contained a provision (sec. 1214) that would 

make it the policy of the United States to prevent destabilizing 

arms transfers to the People’s Republic of China by denying Department of Defense procurement contracts to foreign companies 

that sell to China items similar to those found on the U.S. MuniVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00812 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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tions List. The provision would also require the Secretary of Defense to publish a list of such companies in the Federal Register. 

The Senate amendment contained no similar provision. 

The House recedes.

Military educational exchanges between senior officers and officials 

of the United States and Taiwan 

The House bill contained a provision (sec. 1215) that would require the Secretary of Defense to undertake a program of senior 

military officer and senior official exchanges with Taiwan designed 

to improve Taiwan’s defenses against the People’s Liberation Army 

of the People’s Republic of China. 

The Senate amendment contained no similar provision. 

The House recedes. 

Definitions under Arms Export Control Act 

The House bill contained a provision (sec. 1401) that would 

amend the Arms Export Control Act (22 U.S.C. 2794) to clarify the 

definitions of ‘‘license,’’ ‘‘agent,’’ and ‘‘exporting agent.’’ 

The Senate amendment contained no similar provision. 

The House recedes. 

Exemption from licensing requirements for export of significant 

military equipment 

The House bill contained a provision (sec. 1402) that would 

amend the Arms Export Control Act (22 U.S.C. 2778(b)(2)) to prohibit the President from creating regulatory exemptions for significant military equipment that would otherwise require an export license. 

The Senate amendment contained no similar provision. 

The House recedes. 

Cooperative projects with friendly foreign countries 

The House bill contained a provision (sec. 1403) that would 

amend the Arms Export Control Act (22 U.S.C. 2767) to: (1) permit 

the Congress to block a cooperative project agreement with a 

friendly foreign country; and (2) require a license for the export of 

defense articles or defense services relating to a cooperative project. 

The Senate amendment contained no similar provision. 

The House recedes. 

Control of exports of United States weapons technology to the People’s Republic of China 

The House bill contained a provision (sec. 1404) that would require the President to require exporters of militarily critical technologies to obtain an export license for the export or re-export of 

any item on the Militarily Critical Technologies List published by 

the Department of Defense. 

The Senate amendment contained no similar provision. 

The House recedes. 

Licensing requirement for export of militarily critical technologies 

The House bill contained a provision (sec. 1405) that would 

prohibit the export of certain technologies to individuals or counVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00813 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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tries engaged in the sale of such items to the security services of 

the People’s Republic of China unless certain conditions are met. 

Such conditions would require that: a license be approved for that 

export; the Secretary of Defense concurs in the export; and the foreign person or country agrees in writing not to transfer title, possession of, or otherwise provide access to that item without prior 

written consent by the President. 

The Senate amendment contained no similar provision. 

The House recedes. 

Strengthening international export controls 

The House bill contained a provision (sec. 1406) that would 

make it the policy of the United States to seek continued negotiations to strengthen the international export control system for sales 

of arms and militarily-sensitive goods and technologies to countries 

of concern. The provision would require a Presidential report on 

progress made in strengthening international controls 180 days 

after enactment of this Act and every six months thereafter. 

The Senate amendment contained no similar provision. 

The House recedes. 

Defense counterproliferation fellowship program 

The House bill contained a provision (sec. 1412) that would direct the Secretary of Defense to establish a fellowship program to 

train and educate foreign defense policymakers and military officers in identifying and using counterproliferation tools to combat 

the spread of weapons of mass destruction. 

The Senate amendment contained no similar provision. 

The House recedes.

(789)

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH 

STATES OF THE FORMER SOVIET UNION 

LEGISLATIVE PROVISIONS ADOPTED

Specification of Cooperative Threat Reduction programs and funds 

(sec. 1301) 

The House bill contained a provision (sec. 1301) that would define the programs and funds that are Cooperative Threat Reduction 

(CTR) programs and funds, define the funds as those authorized to 

be appropriated in section 301 of this Act, and specify that CTR 

funds shall remain available for obligation for three fiscal years. 

The Senate amendment contained an identical provision (sec. 

1201). 

The conferees agree to include this provision. 

Funding allocations (sec. 1302) 

The House bill contained a provision (sec. 1302) that would au- thorize $409.2 million for the Cooperative Threat Reduction (CTR) 

program. The provision would also authorize specific amounts for 

each CTR program element, require notification to Congress 30 

days before the Secretary of Defense obligates and expends fiscal 

year 2005 funds for purposes other than those specifically authorized, and provide limited authority to obligate amounts for a CTR 

program element in excess of the amount specifically authorized for 

that purpose. 

The Senate amendment contained a similar provision (sec. 

1202). 

The House recedes. 

Temporary authority to waive limitation on funding for chemical 

weapons destruction facility in Russia (sec. 1303) 

The House bill contained a provision (sec. 1303) that would 

provide the President authority for fiscal year 2005 to waive existing certification requirements before obligating funds for the construction of the Shchuch’ye chemical weapons destruction facility in 

Russia. 

The Senate amendment contained a provision (sec. 1203) that 

would provide the President permanent authority to waive, on an 

annual basis for each fiscal year, existing certification requirements before obligating funds for the construction of the 

Shchuch’ye chemical weapons destruction facility in Russia. The 

Senate amendment would also clarify that funds obligated, but not 

expended, prior to lapse of a previously executed waiver could be 

expended. 

The Senate recedes with an amendment that would provide the 

President authority through December 31, 2006, to waive, on an 

annual basis for each calendar year, existing certification requireVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00815 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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ments before obligating or expending funds for the construction of 

the Shchuch’ye chemical weapons destruction facility in Russia. 

This authority would expire on December 31, 2006, and no waiver 

would remain in effect after that date. 

The conferees agree that providing waiver authority on a calendar year basis, rather than on a fiscal year basis, will minimize 

the risk of unintended interruptions in the program that could 

occur when fiscal year waiver authority is not renewed before the 

end of a fiscal year. 

Inclusion of descriptive summaries in annual Cooperative Threat 

Reduction reports and budget justification materials (sec. 1304) 

The Senate amendment contained a provision (sec. 1204) that 

would clarify that the Secretary of Defense should provide the specified Cooperative Threat Reduction (CTR) budgetary and programmatic information both in the CTR annual report, and in the 

budget justification materials that the Department of Defense provides each year as part of the President’s annual budget request 

to Congress. 

The House bill contained no similar provision. 

The House recedes.

(791)

TITLE XIV—SUNKEN MILITARY CRAFT 

LEGISLATIVE PROVISIONS ADOPTED

Sunken military craft (sec. 1401–1408) 

The House bill contained several provisions (sec. 1021–1028) 

that would protect sunken U.S. military vessels, aircraft, and 

spacecraft, as well as the remains and personal effects of their 

crews from salvage, recovery, or other disturbance without authorization from the secretary of the military department concerned. 

These provisions would clarify the circumstances under which 

such sunken craft, entitled to sovereign immunity when they sank, 

remain the property of the flag state until officially abandoned. 

They would also encourage the negotiation of international agreements to protect sunken military craft. 

Finally, the provisions would authorize the secretary of the 

military department concerned to issue and enforce permits for activities directed at sunken U.S. military craft, including contract 

salvage. This system would not invalidate any permitting system 

currently in place nor affect any prior lawful transfer or express 

abandonment of title to any sunken military craft. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would authorize 

the Secretary of the Navy, in consultation with the Secretary of 

State, to apply the permitting system established by these provisions to any foreign sunken military craft located in United States 

waters, if requested by the flag state of that craft. It would also authorize in rem liability against a vessel involved in a violation of 

these provisions, and would authorize the Secretary concerned to 

request the Attorney General to seek other relief in certain cases. 

It would establish an eight-year statute of limitations for actions 

to enforce violations of these provisions or any permit issued thereunder. It would also extend the prohibition on applying the law of 

finds to sunken military craft to foreign craft located in U.S. waters. Finally, it makes technical changes to the definitional section. 

(793)

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE 

TO OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Overview 

The House bill contained a title (title XV) that would provide 

new authorizations of appropriations of $25.0 billion for ongoing operations in Iraq and Afghanistan. The title also contains reporting 

requirements and general provisions. 

The Senate amendment contained a provision (sec. 1006) that 

would authorize $25.0 billion for ongoing operations in Iraq and Afghanistan. The provision also contained reporting requirements. 

The Senate recedes with an amendment that would create a 

title that provides new authorization of appropriations of $25.0 billion for ongoing operations in Iraq and Afghanistan. The title also 

contains reporting requirements and general provisions. 

Summary table of authorizations 

The following table summarizes authorizations included in the 

bill for ongoing operations in Iraq and Afghanistan for fiscal year 

2005.

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LEGISLATIVE PROVISIONS ADOPTED

Purpose (sec. 1501) 

The House bill contained a provision (sec. 1501) that would establish a title as an authorization of appropriations for the Department of Defense for fiscal year 2005, in addition to amounts otherwise authorized in this Act, to provide funds for additional costs 

due to Operation Iraqi Freedom and Operation Enduring Freedom. 

The Senate amendment contained a similar provision (sec. 

1006) that would authorize a contingent emergency reserve fund 

for ongoing operations in Iraq and Afghanistan. 

The Senate recedes with an amendment that would establish 

this title to provide additional funds for ongoing operations in Iraq 

and Afghanistan. 

Army Procurement (sec. 1502) 

The House bill contained a provision (sec. 1511) that would authorize an additional $2,439.2 million for fiscal year 2005 in Procurement, Army. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would authorize 

$965.0 million for fiscal year 2005 in Procurement, Army. Unless 

noted explicitly in the statement of managers, all changes are 

made without prejudice. 

Navy and Marine Corps Procurement (sec. 1503) 

The House bill contained a provision (sec. 1512) that would authorize an additional $136.6 million for fiscal year 2005 in Procurement, Navy and Marine Corps. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would authorize 

$180.0 million for fiscal year 2005 in Procurement, Navy and Marine Corps. Unless noted explicitly in the statement of managers, 

all changes are made without prejudice.

Defense-wide activities procurement (sec. 1504) 

The House bill contained a provision (sec. 1514) that would authorize an additional $720.0 million for fiscal year 2005 in Procurement, Defense-wide. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would authorize 

$50.0 million for fiscal year 2005 in Procurement, Defense-wide. 

Unless noted explicitly in the statement of managers, all changes 

are made without prejudice. 

Operation and maintenance (sec. 1505) 

The House bill contained a provision (sec. 1515) that would authorize an additional $16,225.2 million for fiscal year 2005 operation and maintenance programs. 

The Senate amendment contained a similar provision (sec. 

1006) that would authorize an additional $20,500.0 million for operation and maintenance programs within a contingent emergency 

response fund. 

803

The Senate recedes with an amendment that would authorize 

$16,405.0 million for fiscal year 2005 for operation and maintenance programs. Unless noted explicitly in the statement of managers, all changes are made without prejudice. 

Defense working capital funds (sec. 1506) 

The Senate amendment contained a provision (sec. 1006) that would authorize $2,500.0 million within a contingent emergency response fund transfer account to be available for the costs of ongoing 

military operations in Iraq and Afghanistan. 

The House bill contained no similar provision. 

The House recedes with an amendment that would authorize 

$1,478.0 million for the Defense Working Capital Fund Program. 

Iraq Freedom Fund (sec. 1507) 

The Senate amendment contained a provision (sec. 1006) that would authorize $2,500.0 million within a contingent emergency response fund transfer account to be available for the costs of ongoing 

military operations in Iraq and Afghanistan. 

The House bill contained no similar provision. 

The House recedes with an amendment that would authorize 

a $3,892.0 million for the Iraq Freedom Fund to remain available 

for transfer until September 30, 2006, of which $1,800.0 million 

shall be available for classified programs. 

Defense health program (sec. 1508) 

The House bill contained a provision (sec. 1516) that would au- thorize an additional $75.0 million for fiscal year 2005 Defense 

Health Program activities. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would authorize 

$780.0 million for fiscal year 2005 for Defense Health Program activities. Unless noted explicitly in the statement of managers, all 

changes are made without prejudice. 

Military personnel (sec. 1509) 

The House bill contained a provision (sec. 1517) that would authorize an additional $5,305.0 million for fiscal year 2005 military 

personnel accounts. 

The Senate amendment contained a similar provision (sec. 

1006) that would authorize an additional $2,000.0 million for fiscal 

year 2005 military personnel accounts within a contingent emergency response fund. 

The Senate recedes with an amendment that would authorize 

$1,250.0 million for fiscal year 2005 military personnel accounts. 

Unless noted explicitly in statement of managers, all changes are 

made without prejudice. 

Treatment as additional authorizations (sec. 1510) 

The House bill contained a provision (sec. 1518) that would 

provide that the $25.0 billion authorized for emergency contingency 

operations related to Operation Iraqi Freedom and Operation Enduring Freedom are in addition to the amounts otherwise authorized in this Act. 

804

The Senate amendment contained a similar provision (sec. 

1006). 

The Senate recedes.

Transfer authority (sec. 1511) 

The House bill contained a provision (sec. 1519) that would 

provide fiscal year 2005 transfer authority of $2.5 billion to the Department of Defense for the authorizations contained in title XV of 

their bill. 

The Senate amendment contained a similar provision (sec. 

1006). 

The Senate recedes with an amendment that would provide fiscal year 2005 transfer authority of $1.5 billion to the Department 

for the authorizations contained in this title. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Procurement, Air Force 

The House bill contained a provision (sec. 1513) that would authorize an additional $99.0 million for fiscal year 2005 in Procurement, Air Force. 

The Senate amendment contained no similar provision. 

The House recedes. 

Designation of Emergency Authorization 

The House bill contained a provision (sec. 1520) that would authorize $25.0 billion for fiscal year 2005 to support emergency contingency operations related to the global war on terrorism. 

The Senate amendment contained no similar provision. 

The House recedes. 

Three-year increase in active Army strength levels 

The House bill contained provisions (sec. 1531 and 1532) that 

would increase the active Army and Marine Corps end strength authorized for fiscal year 2005 by 10,000 and 3,000 respectively above 

the authorization in section 401 of the National Defense Authorization Act for Fiscal Year 2004. These provisions would also authorize corresponding active-duty Army and Marine Corps end 

strengths for fiscal years 2006 and 2007 and prescribe corresponding minimum end strengths under section 691(b) of title 10, 

United States Code. 

The Senate amendment contained a provision (sec. 402) that 

would authorize a temporary increase in the Army’s active-duty 

end strength of up to 30,000 during fiscal years 2005 through 2009. 

The provision would require that if the Secretary of Defense plans 

to increase the Army active-duty end strength above the levels authorized for fiscal year 2004, then the budget for the Department 

for such fiscal years as submitted to Congress shall specify the 

amounts necessary for funding the active duty end strength of the 

Army in excess of 482,400. 

The House recedes with an amendment that would authorize 

a temporary increase in the Marine Corps’ active-duty end strength 

of up to 9,000 over 175,000, the level set forth in section 401 of the 

National Defense Authorization Act for Fiscal Year 2004 during fisVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00830 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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cal years 2005 through 2009. The amendment would also require 

that if the Secretary of Defense plans to increase the Army or Marine Corps active-duty end strength for a fiscal year, then the 

budget for the Department for such fiscal years as submitted to 

Congress shall specify the amounts necessary for funding the active 

duty end strength of the Army or Marine Corps in excess of 

482,400 and 175,000 respectively. 

(807)

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Overview 

The administration originally requested authorization of appropriations in fiscal year 2005 for military construction and housing 

programs totaling $9,450,475,000. The administration’s amended 

budget for authorization of appropriations totaled $9,480,475,000, 

after adding certain military construction projects for the Army National Guard totaling $30.0 million. 

The House bill would authorize appropriations totaling 

$9,930.5 million for military construction and family housing programs. 

The Senate amendment would authorize appropriations totaling $9,822.9 million for military construction and family housing 

programs. 

The conferees recommend authorization of appropriations of 

$9,930.1 million for the military construction and family housing 

accounts of the Department of Defense for fiscal year 2005. The authorization of appropriations includes the use of $130.0 million 

from prior-year rescissions. The conference agreement is consistent 

with a budget authority level of $10,003.0 million for military construction and family housing programs. 

The following tables provide the project-level authorizations for 

the military construction funding authorized in Division B of this 

Act and summarize that funding by account. The tables also note 

as ‘‘Budget Amend’’ the projects contained in a fiscal year 2005 

amended budget request submitted by the administration on March 

5, 2004.

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Short title (sec. 2001) 

The House bill contained a provision (sec. 2001) that would cite 

Division B of this Act as the Military Construction Authorization 

Act for Fiscal Year 2005. 

The Senate amendment contained an identical provision (sec. 

2001). 

The conference agreement includes this provision. 

(827)

TITLE XXI—ARMY 

Overview 

The House bill would authorize appropriations for the Army of 

$1,866.2 million for military construction and $1,562.6 million for 

family housing for fiscal year 2005. 

The Senate amendment would authorize appropriations for the 

Army of $1,942.9 million for military construction and $1,565.0 million for family housing for fiscal year 2005. 

The conferees recommend authorization of appropriation for 

the Army of $1,969.0 million for military construction and $1,562.6 

million for family housing for fiscal year 2005. 

LEGISLATIVE PROVISIONS ADOPTED

Authorized Army construction and land acquisition projects (sec. 

2101) 

The House bill contained a provision (sec. 2101) that would authorize Army military construction projects in fiscal year 2005. 

The Senate amendment contained a similar provision (sec. 

2101). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of division B of this conference report 

entitled ‘‘Military Construction Authorization for FY2005’’ provides 

the binding list of specific construction projects authorized at each 

location. 

Family housing (sec. 2102) 

The House bill contained a provision (sec. 2102) that would authorize new construction and planning and design of family housing units for the Army in fiscal year 2005. 

The Senate amendment contained an identical provision (sec. 

2102). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of division B of this conference report 

entitled ‘‘Military Construction Authorization for FY2005’’ provides 

the binding list of specific construction projects authorized at each 

location. 

Improvements to military family housing units (sec. 2103) 

The House bill contained a provision (sec. 2103) that would authorize improvements to existing units of Army family housing in 

fiscal year 2005. 

828

The Senate amendment contained an identical provision (sec. 

2103). 

The conference agreement includes this provision. 

Authorization of appropriations, Army (sec. 2104) 

The House bill contained a provision (sec. 2104) that would authorize specific appropriations for each line item contained in the 

Army’s military construction budget in fiscal year 2005. This provision would also provide an overall limit on the amount the Army 

is authorized to spend on military construction projects in fiscal 

year 2005. 

The Senate amendment contained a similar provision (sec. 

2104). 

The conference agreement includes this provision. 

Modification of authority to carry out certain fiscal year 2004 

project (sec. 2105) 

The House bill contained a provision (sec. 2105) that would 

amend section 2101 of the Military Construction Authorization Act 

for Fiscal Year 2004 (division B of Public Law 108–136) to increase 

project authorizations for Fort Stewart, Georgia and Fort Drum, 

New York. 

The Senate amendment contained a similar provision (sec. 

2105). 

The Senate recedes.

Modification of authority to carry out certain fiscal year 2003 

projects (sec. 2106) 

The House bill contained a provision (sec. 2106) that would 

amend section 2101 of the Military Construction Authorization Act 

for Fiscal Year 2003 (division B of Public Law 107–314) as further 

amended by section 2105(a)(2) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136) 

to adjust a project authorization for Fort Sill, Oklahoma. 

The Senate amendment contained a similar provision (sec. 

2106). 

The Senate recedes. 

(829)

TITLE XXII—NAVY 

Overview 

The House bill would authorize appropriations for the Navy of 

$1,077.9 million for military construction and $835.4 million for 

family housing for fiscal year 2005. 

The Senate amendment would authorize appropriations for the 

Navy of $100.1 million for military construction and $843.6 million 

for family housing for fiscal year 2005. 

The conferees recommend authorization of appropriations for 

the Navy of $1,056.3 million for military construction and $835.4 

million for family housing for fiscal year 2005. 

LEGISLATIVE PROVISIONS ADOPTED

Authorized Navy construction and land acquisition projects (sec. 

2201) 

The House bill contained a provision (sec. 2201) that would authorize Navy military construction projects in fiscal year 2005. 

The Senate amendment contained a similar provision (sec. 

2201). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of division B of this conference report 

entitled ‘‘Military Construction Authorization for FY2005’’ provides 

the binding list of specific construction projects authorized at each 

location. 

Family housing (sec. 2202) 

The House bill contained a provision (sec. 2202) that would authorize new construction and planning and design of family housing units for the Navy in fiscal year 2005. 

The Senate amendment contained an identical provision (sec. 

2202). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of division B of this conference report 

entitled ‘‘Military Construction Authorizations for FY2005’’ provides the binding list of specific construction projects authorized at 

each location. 

Improvements to military family housing units (sec. 2203) 

The House bill contained a provision (sec. 2203) that would authorize improvements to existing units of Navy family housing in 

fiscal year 2005. 

830

The Senate amendment contained an identical provision (sec. 

2203). 

The conference agreement includes this provision. 

Authorization of appropriations, Navy (sec. 2204) 

The House bill contained a provision (sec. 2204) that would authorize specific appropriations for each line item contained in the 

Navy’s military construction budget in fiscal year 2005. This provision would also provide an overall limit on the amount the Navy 

is authorized to spend on military construction projects in fiscal 

year 2005. 

The Senate amendment contained a similar provision (sec. 

2204). 

The conference agreement includes this provision. 

LEGISLATIVE PROVISIONS NOT ADOPTED

Modification of authority to carry out a certain fiscal year 2004 

project 

The Senate amendment contained a provision (sec. 2205) that 

would amend section 2201 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136) 

to increase a project authorization amount at Various Locations, 

CONUS. 

The House bill contained no similar provision. 

The Senate recedes.

(831)

TITLE XXIII—AIR FORCE 

Overview 

The House bill would authorize appropriations for the Air 

Force of $789.6 million for military construction and $1,701.9 million for family housing for fiscal year 2005. 

The Senate amendment would authorize appropriations for the 

Air Force of $782.5 million for military construction and $1,703.1 

million for family housing for fiscal year 2005. 

The conferees recommend authorization of appropriation for 

the Air Force of $853.9 million for military construction and 

$1,700.3 million for family housing for fiscal year 2005. 

LEGISLATIVE PROVISIONS ADOPTED

Authorized Air Force construction and land acquisition projects 

(sec. 2301) 

The House bill contained a provision (sec. 2301) that would authorize Air Force military construction projects in fiscal year 2005. 

The Senate amendment contained a similar provision (sec. 

2301). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of Division B of this conference report 

entitled ‘‘Military Construction Authorization for FY2005’’ provides 

the binding list of specific construction projects authorized at each 

location. 

Family housing (sec. 2302) 

The House bill contained a provision (sec. 2302) that would authorize new construction and planning and design of family housing units for the Air Force in fiscal year 2005. 

The Senate amendment contained a similar provision (sec. 

2302). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of division B of this conference report 

entitled ‘‘Military Construction Authorization for FY2005’’ provides 

the binding list of specific construction projects authorized at each 

location. 

Improvements to military family housing units (sec. 2303) 

The House bill contained a provision (sec. 2303) that would authorize improvements to existing units of Air Force family housing 

in fiscal year 2005. 

832

The Senate amendment contained an identical provision (sec. 

2303). 

The conference agreement includes this provision. 

Authorization of appropriations, Air Force (sec. 2304) 

The House bill contained a provision (sec. 2304) that would authorize specific appropriations for each line item contained in the 

Air Force’s military construction budget in fiscal year 2005. This 

provision would also provide an overall limit on the amount the Air 

Force is authorized to spend on military construction projects in fiscal year 2005. 

The Senate amendment contained a similar provision (sec. 

2304). 

The conference agreement includes this provision.

(833)

TITLE XXIV—DEFENSE AGENCIES 

Overview 

The House bill would authorize appropriations for the defense 

agencies of $790.8 million for military construction and $49.6 million for family housing for fiscal year 2005. 

The Senate amendment would authorize appropriations for the 

defense agencies of $764.2 million for military construction and 

$49.6 million for family housing for fiscal year 2005. 

The conferees recommend authorization of appropriations for 

the defense agencies of $675.5 million for military construction and 

$49.6 million for family housing for fiscal year 2005. 

LEGISLATIVE PROVISIONS ADOPTED

Authorized defense agencies construction and land acquisition 

projects (sec. 2401) 

The House bill contained a provision (sec. 2401) that would authorize defense agencies military construction projects in fiscal year 

2005. 

The Senate amendment contained a similar provision (sec. 

2401). 

The conference agreement includes this provision. 

The amounts authorized are listed in this provision on an installation-by-installation basis. A State list of projects contained in 

the table at the beginning of division B of this conference report 

entitled ‘‘Military Construction Authorization for FY2005’’ provides 

the binding list of specific construction projects authorized at each 

location. 

Improvements to military family housing units (sec. 2402) 

The House bill contained a provision (sec. 2402) that would authorize improvements to existing units of the defense agencies’ 

family housing in fiscal year 2005. 

The Senate amendment contained an identical provision (sec. 

2402). 

The conference agreement includes this provision. 

Energy conservation projects (sec. 2403) 

The House bill contained a provision (sec. 2403) that would authorize the Secretary of Defense to carry out energy conservation 

projects. 

The Senate amendment contained a similar provision (sec. 

2403). 

The conference agreement includes this provision. 

834

Authorization of appropriations, defense agencies (sec. 2404) 

The House bill contained a provision (sec. 2404) that would authorize specific appropriations for each line item contained in the 

defense agencies’ military construction budget in fiscal year 2005. 

This provision would also provide an overall limit on the amount 

the defense agencies are authorized to spend on military construction projects in fiscal year 2005. 

The Senate amendment contained a similar provision (sec. 

2404). 

The conference agreement includes this provision. 

(835)

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

LEGISLATIVE PROVISIONS ADOPTED

Authorized NATO construction and land acquisition projects (sec. 

2501) 

The House bill contained a provision (sec. 2501) that would authorize the Secretary of Defense to make contributions to the North 

Atlantic Treaty Organization Security Investment program in an 

amount equal to the sum of the amount specifically authorized 

elsewhere in this conference report, and the amount of recoupment 

due to the United States for construction previously financed by 

the United States. 

The Senate amendment contained an identical provision (sec. 

2501). 

The conference agreement includes this provision. 

Authorization of appropriations, NATO (sec. 2502) 

The House bill contained a provision (sec. 2502) that would au- thorize appropriations of $165.8 million for the U.S. contribution to 

the North Atlantic Treaty Organization Security Investment program. 

The Senate amendment contained an identical provision (sec. 

2502). 

The conference agreement reduces the authorization of appro- priations by $5.0 million.

(837)

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Overview 

The House bill would authorize appropriations of $839.8 million for military construction and land acquisition for fiscal year 

2005 for the Guard and Reserve components. 

The Senate amendment would authorize appropriations of 

$768.7 million for military construction and land acquisition for fiscal year 2005 for the Guard and Reserve components. 

The conferees recommend authorization of appropriations of 

$929.2 million for military construction and land acquisition for fiscal year 2005 for the Guard and Reserve components. This authorization would be distributed as follows:

Army National Guard ..................................................................................... $434.4 

Air National Guard ......................................................................................... 233.5 

Army Reserve ................................................................................................... 90.3 

Naval and Marine Corps Reserve .................................................................. 48.2 

Air Force Reserve ............................................................................................ 122.8 

Total ....................................................................................................... 929.2

LEGISLATIVE PROVISIONS ADOPTED

Authorized Guard and Reserve construction and land acquisition 

projects (sec. 2601) 

The House bill contained a provision (sec. 2601) that would authorize appropriations for military construction for the Guard and 

Reserve by service component in fiscal year 2005. 

The Senate amendment contained a similar provision (sec. 

2601). 

The conference agreement includes this provision. 

A State list of projects contained in the table at the beginning 

of division B of this conference report entitled ‘‘Military Construction Authorization for FY2005’’ provides the binding list of specific 

construction projects authorized at each location. 

ITEM OF SPECIAL INTEREST

Change in title of military construction project previously authorized 

The conferees agree to make a technical clarification to the 

table, entitled ‘‘Military Construction Authorization for FY2004,’’ 

contained within division B of the statement of managers accompanying the National Defense Authorization Act for Fiscal Year 

2004 (Conf. Rept. 108–354) by changing the title for a project authorized for the Air National Guard at the Memphis International 

Airport, Tennessee from ‘‘C–5 Upgrade Shops’’ to ‘‘C–5 Site Improvements and Utilities’’.

(839)

TITLE XXVII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

LEGISLATIVE PROVISIONS ADOPTED

Expiration of authorizations and amounts required to be specified 

by law (sec. 2701) 

The House bill contained a provision (sec. 2701) that would 

provide that authorizations for military construction projects, repair of real property, land acquisition, family housing projects and 

facilities, contributions to the North Atlantic Treaty Organization 

investment program, and Guard and Reserve projects will expire 

on October 1, 2007, or the date of enactment of an act authorizing 

funds for military construction for fiscal year 2008, whichever is 

later. This requirement would not apply to funds obligated prior to 

the expiration date. 

The Senate amendment contained an identical provision (sec. 

2701). 

The conference agreement includes this provision. 

Extension of authorizations of certain fiscal year 2002 projects (sec. 

2702) 

The House bill contained a provision (sec. 2702) that would 

provide for the extension of certain fiscal year 2002 military construction project authorizations until October 1, 2005, or the date 

of enactment of an act authorizing funds for military construction 

for fiscal year 2006, whichever is later. 

The Senate amendment contained a similar provision (sec. 

2702). 

The Senate recedes with an amendment that would amend the 

list of fiscal year 2002 military construction project authorizations 

to be extended. 

Extension and renewal of authorizations of certain fiscal year 2001 

projects (sec. 2703) 

The House bill contained a provision (sec. 2703) that would 

provide for the extension of certain fiscal year 2001 military construction project authorizations until October 1, 2005 or the date 

of enactment of an act authorizing funds for military construction 

for fiscal year 2006, whichever is later. 

The Senate amendment contained a similar provision (sec. 

2703). 

The conference agreement includes this provision. 

840

LEGISLATIVE PROVISIONS NOT ADOPTED

Effective date 

The House bill contained a provision (sec. 2704) that would 

provide that titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this 

Act shall take effect on October 1, 2004, or the date of enactment 

of this Act, whichever is later. 

The Senate amendment contained an identical provision (sec. 

2704). 

Because the conference report was not adopted prior to October 

1, 2004, this provision is no longer required and was not included 

in the conference agreement.

(841)

TITLE XXVIII—GENERAL PROVISIONS 

ITEMS OF SPECIAL INTEREST

Acceleration of environmental clean-up activities related to public 

lands, West Wendover, Nevada 

Section 2843 of the Military Construction Authorization Act for 

Fiscal Year 2003 (division B of Public Law 107–314) authorized the 

Secretary of the Interior and the Secretary of the Air Force to convey certain parcels of real property totaling 14,000 acres at 

Wendover Air Force Base Auxiliary Field, Nevada to the City of 

West Wendover, Nevada and Tooele County, Utah. The purpose of 

the conveyance is to protect and benefit the local community by establishing aircraft accident prevention zones and developing 3,000 

acres for an industrial park. 

In order for the Secretary of the Interior to carry out the conveyance, the Secretary of the Air Force must identify the extent of 

environmental contamination on the lands and the measures to ensure the protection of the public. Currently, the Air Force has 

planned, based on a risk assessment and available funding, for a 

preliminary environmental assessment in 2006 and, if needed, subsequent environmental actions for these lands in 2011. 

Establishing aircraft accident prevention zones are critical to 

mitigating the risk of loss of life for local residents in the vicinity 

of airports. The industrial park planned by the local community is 

vital to the economic development and the growth of commercial investment in the areas surrounding Wendover airport. Delays in the 

conveyance of the lands are having a detrimental impact on the 

safety of residents and the vitality of the local economy. 

Therefore, the conferees direct the Secretary of the Air Force 

to give appropriate consideration to the completion of environmental remediation activities for lands at Wendover Air Force Base 

Auxiliary Field, Nevada so that the lands may be transferred to the 

Bureau of Land Management as quickly as possible. 

Consideration of proposal for leased facilities supporting Headquarters, United States Southern Command, Miami, Florida 

The conferees are aware of a proposal from the State of Florida 

to construct a building for Southern Command occupancy once the 

current lease expires in 2008. The conferees urge the Secretary of 

Defense to consider the State’s proposal and update the congressional defense committees on the status of this proposal by February 1, 2005. 

842

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Military Construction Program and Military Family 

Housing Changes 

Modification of approval and notice requirements for facility repair 

projects (sec. 2801) 

The Senate amendment contained a provision (sec. 2802) that 

would amend section 2811(b) of title 10, United States Code, by 

raising the threshold of the cost of a construction project requiring 

approval in advance by a service secretary from $5.0 million to $7.5 

million. 

The House bill contained a provision (sec. 2803) that would 

amend section 2811(d) of title 10, United States Code, to lower the 

threshold at which congressional notification is required for facility 

repairs using operation and maintenance funds from $10.0 million 

to $7.5 million. 

The House recedes with an amendment that would include in 

the conference agreement both amendments to section 2811 of title 

10, United States Code. 

Reporting requirements regarding military family housing requirements for general officers and flag officers (sec. 2802) 

The House bill contained a provision (sec. 2804) that would require the Department of Defense to conduct an analysis of general 

and flag officer housing requirements in the national capital region 

by March 30, 2005. This section would also require the Department 

to report to Congress, by March 30, 2005, on its inventory of general and flag officer housing, including annual expenditures of each 

house for operations, utilities, and maintenance and repair over the 

past five years. Finally, this section would require the Department 

to provide, as part of its annual budget justification documents, by 

March 30 of each year a detailed list of each general and flag officer quarters for which operations, utilities, and maintenance and 

repair costs, in sum, are anticipated to exceed $20,000 in the coming year. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would require the 

Department to provide, as part of its annual budget justification 

documents, a list of general and flag officer quarters for which operations, maintenance and repair costs are anticipated to exceed 

$35,000 in the budget year. The amendment would also add a reporting requirement for each dwelling unit where operations, maintenance and repair actions would exceed an annual cost of $35,000, 

not included in the annual President’s budget request, but required 

for environmental remediation or to protect the safety or security 

of the occupants. 

In annual cost calculations, the conferees define ‘‘operations activities’’ to include the prorated share of costs for management of 

family housing, services, and furnishings. Utilities, leases, and 

costs related to historical preservation should not be included in 

the analysis of the $35,000 threshold, but should be included in all 

reports. 

843

Congressional notification of deviations from authorized cost variations for military construction projects and military family 

housing projects (sec. 2803) 

The House bill contained a provision (sec. 2805) that would 

amend section 2853(c)(3) of title 10, United States Code, to shorten 

the notice and wait period for significant project cost increases or 

scope decreases from 21 days to 14 days, if notification is provided 

in an electronic format to Congress. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Assessment of vulnerability of military installations to terrorist attack and annual report on military construction requirements 

related to antiterrorism and force protection (sec. 2804) 

The House bill contained a provision (sec. 2802) that would require the Secretary of Defense to establish guidance on appropriate 

levels of antiterrorism and force protection requirements for facilities construction and perimeter defenses, and to certify that all 

major Department of Defense installations have been assessed for 

vulnerabilities to terrorist attack since September 11, 2001. This 

section also would require the Department to provide an annual 

list of unfunded antiterrorism and force-protection military construction requirements. 

The Senate amendment contained no similar provision. 

The Senate recedes with a clarifying amendment. 

Repeal of limitations on use of alternative authority for acquisition 

and improvement of military housing (sec. 2805) 

The House bill contained a provision (sec. 2806) that would 

amend section 2883 of title 10, United States Code, to repeal the 

limitation on budget authority for contracts and investments in 

military housing privatization projects, effective October 1, 2005. 

The Senate amendment contained a provision (sec. 2804) that 

would amend section 2874 of title 10, United States Code, and 

would repeal sections 2876, 2877, and 2882 of title 10, United 

States Code. 

The Senate recedes with an amendment that would repeal the 

limitation on budgetary authority for contracts and investments for 

the acquisition or construction of military family housing and military unaccompanied housing. These limitations would be repealed 

as of the date of enactment of this Act. The amendment would also 

repeal section 2885 of title 10, United State Code. 

Additional reporting requirements relating to alternative authority 

for acquisition and improvement of military housing (sec. 2806) 

The Senate amendment contained a provision (sec. 2803) that 

would amend section 2884 of title 10, United States Code, to add 

additional requirements for reports provided by the Secretary of 

Defense to congressional defense committees. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

844

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

The House bill contained a provision (sec. 2807) that would establish a demonstration program to allow the Department of Defense to enter into a design-build construction contract using design funds made available under sections 2807 and 18233 of title 

10, United States Code, prior to the authorization of the project. 

This section would permit the Department to enter into 36 contracts through September 30, 2008, and would require a report to 

Congress on the value of the program by March 1, 2007. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would limit the 

demonstration program to 18 projects that are included in the annual President’s budget request to Congress. 

The conferees intend that in the case of a design-build project 

carried out under this authority for which construction funds are 

not subsequently authorized and appropriated by Congress, the design completed at the time of the government’s termination for convenience would become the property of the United States Government. 

Notification thresholds and requirements for expenditures or contributions for acquisition of facilities for Reserve components 

(sec. 2808) 

The Senate amendment contained a provision (sec. 2812) that 

would amend sections 18231, 18232, 18233, and 18233a of title 10, 

United States Code, to modify and enhance definitions and authorities available to the Secretary of Defense, and to provide for the acquisition of facilities and land interests necessary for the proper development, training, operation, and maintenance of the Reserve 

components of the Armed Forces. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify the 

modifications to notification thresholds and requirements contained 

in section 18233a of title 10, United States Code. The conferees 

note that additional modifications to section 18233 of title 10, 

United States Code, contained in the Senate amendment have been 

addressed in another conference provision (sec. 2809). 

Authority to exchange Reserve component facilities to acquire replacement facilities (sec. 2809) 

The House bill contained a provision (sec. 2808) that would 

amend section 18233 of title 10, United States Code, to provide the 

Secretary of Defense the authority to receive facilities, cash, or a 

combination of facilities and cash for existing Reserve component 

facilities. 

The Senate amendment contained a provision (sec. 2813) that 

would authorize the Secretary of Defense to carry out projects to 

assess the feasibility and advisability of obtaining new facilities for 

the Reserve components through the exchange or sale of existing 

facilities of such components. 

The Senate recedes with an amendment that would amend 

chapter 1803 of title 10, United States Code, to clarify the authorVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00870 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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ity of the secretary of a military department to acquire facilities 

through exchanges of equal value facilities with a State, local government, local authority, or private entity, and would provide temporary authority to the secretary concerned to include cash equalization payments in the terms of the exchange. 

The amendment would establish requirements for the terms of 

the agreement and would require the secretary of a military department to certify to the congressional defense committees, prior 

to carrying out an agreement, that certain conditions have been 

satisfied before an agreement is signed. 

The amendment would also provide temporary authority to the 

secretary of a military department to make or accept cash payments as a part of an exchange agreement for facilities. The cash 

payments would be deposited in a special account and available to 

the Secretary concerned to be used in agreements to equalize the 

equitable exchange of facilities, or to cover costs related to operations, maintenance, and improvements to facilities acquired using 

an exchange agreement. The amendment would limit the use of the 

temporary authority, establish an expiration date, and require the 

Secretary of Defense to submit a report to the congressional defense committees on the usefulness of the temporary authority. 

The conferees acknowledge that ambiguous definitions in chapter 1803, United States Code, have been interpreted by the military 

departments to authorize these exchange agreements. While the 

conferees recognize the benefit to the Department of Defense of certain transactions that would exchange sub-optimized land or deteriorated facilities for new facilities for the Reserve components, 

these unique agreements must be carried out with oversight from 

Congress. 

It is the intent of the conferees that the use of this authority 

will satisfy, to the maximum extent possible, military construction 

requirements included in the Future Years Defense Plan for each 

Reserve component. The conferees expect that the exchange agreements will not result in additional military construction or operations and maintenance requirements imposed upon the Reserve 

component and that impact on current readiness and missions will 

be minimized during the exchange. The conferees expect that the 

Reserve components will consider the feasibility of addressing joint 

facility and land requirements within the land exchange agreements. The conferees expect the interests of the government will be 

protected by the use of competitive procedures, to the maximum extent practicable, in order to obtain a realistic value for the facilities 

to be exchanged. 

The conferees expect that the military departments will use 

the temporary authority to use equalizing cash payments as a condition to facilitate the exchange of facilities in order to expedite 

agreements to replace or improve deficient Reserve facilities, and 

not as an opportunity to maximize the accumulation of cash proceeds. The conferees expect the military departments to be able to 

provide Congress with audit information to account for cash receipts and expenditures in order to retain oversight on the use of 

funds. 

846

One-year extension of temporary, limited authority to use operation 

and maintenance funds for construction projects outside the 

United States (sec. 2810) 

The House bill contained a provision (sec. 2809) that would extend for one year the authority provided by section 2808 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 

108–136), to permit the Secretary of Defense to utilize operation 

and maintenance funds to construct facilities necessary for temporary operational requirements related to a declaration of war, 

national emergency, or contingency. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would make the 

extension of the authority contingent upon receipt by Congress of 

all required reports contained in the original provision. 

The conferees direct the Department of Defense to determine 

whether they require permanent authority to utilize operation and 

maintenance funds to construct facilities in lieu of continuing a 

temporary extension. 

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

(sec. 2811) 

The House bill contained a provision (sec. 2810) that would direct the Secretary of Defense and the Secretary of Veterans Affairs 

to certify that each project to construct medical treatment facilities, 

included in the annual President’s budget request to Congress, had 

been evaluated for the feasibility of carrying out a project for a 

combined medical facility. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would eliminate 

the certification requirement, but continue to require the Secretary 

of Defense and the Secretary of Veterans Affairs, when proposing 

construction of a medical facility, to consult on the feasibility of accomplishing a joint project. 

Subtitle B—Real Property and Facilities Administration 

Reorganization of existing administrative provisions relating to real 

property transactions (sec. 2821) 

The Senate amendment contained a provision (sec. 2811) that 

would amend sections 2661 and 2679 of title 10, United States 

Code, to consolidate and clarify authorities available for real property administration. This provision would also repeal sections 2666, 

2670, and 2673 of title 10, United States Code, that would be 

superceded as a result of the consolidations. 

The House bill contained a similar provision (sec. 2812). 

The House recedes with an amendment that would also repeal 

section 2664 of title 10, United States Code. 

Development of Heritage Center for the National Museum of the 

United States Army (sec. 2822) 

The Senate amendment contained a provision (sec. 2843) that 

would authorize the Secretary of the Army to enter into an agreement with the Army Historical Foundation for the design, construcVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00872 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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tion, and operation of a facility, or group of facilities, at Fort 

Belvoir, Virginia for the National Museum of the United States 

Army. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify the 

extent of lease payments to be received by the Secretary. 

Elimination of reversionary interests clouding United States title to 

property used as Navy homeports (sec. 2823) 

The House bill contained a provision (sec. 2817) that would authorize the Secretary of the Navy to enter into agreements with 

holders of reversionary interests at Navy homeports to secure permanent title to the properties for the Navy. In exchange, the Navy 

may provide in-kind consideration, including modification of existing agreements that require payment to the Navy for real property 

improvements. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Subtitle C—Base Closure and Realignment 

Establishment of specific deadline for submission of revisions to 

force-structure plan and infrastructure inventory (sec. 2831) 

The House bill contained a provision (sec. 2822) that would 

amend section 2912(a)(4) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510, as 

amended) to establish March 15 of the base closure round year as 

the final deadline for revision of the force structure plan or infrastructure inventory. 

The Senate amendment contained no similar amendment. 

The Senate recedes. 

Specification of final selection criteria for 2005 base closure round 

(sec. 2832) 

The House bill contained a provision (sec. 2823) that would 

amend and codify the criteria that will be used by the Secretary 

of Defense in making recommendations for the closure or realignment of military installations inside the United States during the 

next base closure round. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would codify, 

with an amendment, the final selection criteria published by the 

Secretary in the Federal Register (Volume 69, Number 29) on February 12, 2004. The conferees expect that the Secretary shall adhere, to the maximum extent possible, to responses in the analysis 

of comments to the draft selection criteria, as published in the Federal Register on February 12, 2004, including the incorporation of 

elements of military value, such as research, development, test, 

evaluation, maintenance, and repair facilities for weapon systems; 

and the interaction with a highly skilled local work force and local 

industrial and academic institutions. 

848

Repeal of authority of Secretary of Defense to recommend that installations be placed in inactive status (sec. 2833) 

The Senate amendment contained a provision (sec. 2814) that 

would repeal subsection (c) of section 2914 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public 

Law 101–510, as amended). 

The House bill contained no similar amendment. 

The House recedes. 

Voting requirements for Defense Base Closure and Realignment 

Commission to add to or otherwise expand closure and realignment recommendations made by Secretary of Defense (sec. 2834) 

The House bill contained a provision (sec. 2824) that would 

amend section 2914(d) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510, as 

amended) to require a unanimous vote of the base closure commission to recommend closure, realignment, or expanded realignment 

of an installation not recommended for closure or realignment by 

the Secretary of Defense. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would amend section 2914(d) of the Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101–510, as amended) to 

require the consent of at least seven commissioners to recommend 

closure, realignment, or expanded realignment of an installation 

not recommended for closure or realignment by the Secretary. 

Subtitle D—Land Conveyances 

PART I—ARMY CONVEYANCES

Land conveyance, Sunflower Army Ammunition Plant, Kansas (sec. 

2841) 

The Senate amendment contained a provision (sec. 2833) that 

would authorize the Secretary of the Army, in consultation with 

the Administrator of General Services, to convey, with consideration, to an entity selected by the Board of Commissioners of Johnson County, Kansas a parcel of property consisting of approximately 9,065 acres for the purpose of facilitating economic development and revitalization of the property. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify the 

authorization for consideration to be received by the Secretary. 

The conferees expect the Secretary of the Army to work with 

local, state, and federal environmental agencies to develop an 

agreement in accordance with the Comprehensive Environmental 

Response, Compensation, and Liability Act (CERCLA) of 1980 (42 

U.S.C. 9601 et seq.), that will lead to an accelerated cleanup and 

enhanced early transfer of the property. Nothing in this section 

shall waive any obligation of the Secretary under section 120(h) of 

CERCLA. 

849

Land exchange, Fort Campbell, Kentucky and Tennessee (sec. 2842) 

The conferees agree to a provision that would authorize the 

Secretary of the Army to convey to Bi-County Solid Waste Management System, a local government agency, a parcel of real property 

consisting of approximately 358 acres located at Fort Campbell in 

Montgomery County, Tennessee for the purpose of permitting BiCounty to expand a landfill. In exchange, the Secretary would receive a parcel of property consisting of approximately 670 acres located adjacent to Fort Campbell in Trigg County, Kentucky and 

Stewart County, Tennessee. 

Land conveyance, Louisiana Army Ammunition Plant, Doyline, 

Louisiana (sec. 2843) 

The Senate amendment contained a provision (sec. 2835) that 

would authorize the Secretary of the Army to convey, with consideration, to the State of Louisiana a parcel of property including any 

improvements thereon, consisting of approximately 14,949 acres located at the Louisiana Army Ammunition Plant, Doyline, Louisiana. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

The conferees encourage the Secretary to work with local, 

state, and federal environmental agencies to develop a condition of 

the land conveyance agreement that eventually transfers to the 

State the responsibility for monitoring, sampling, or reporting requirements that are associated with the environmental restoration 

activities of the Louisiana Army Ammunition Plant, while maintaining the government’s compliance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9601 et seq.). 

Land conveyance, Fort Leonard Wood, Missouri (sec. 2844) 

The conferees agree to a provision that would authorize the 

Secretary of the Army to convey, without consideration, to the 

State of Missouri a parcel of real property consisting of approximately 227.7 acres located at Fort Leonard Wood, Missouri for the 

purpose of permitting the State to establish a cemetery for veterans of the Armed Forces. 

Transfer of administrative jurisdiction, Defense Supply Center, Columbus, Ohio (sec. 2845) 

The Senate amendment contained a provision (sec. 2821) that 

would authorize the Secretary of the Army to transfer, without reimbursement, to the administrative jurisdiction of the Secretary of 

Veterans Affairs a parcel of real property consisting of approximately 20 acres at the Defense Supply Center, Columbus, Ohio, for 

the sole purpose of constructing a new outpatient clinic for veterans’ medical services. 

The House bill contained a similar provision (sec. 2831) 

The House recedes with a technical amendment. 

850

Jurisdiction and utilization of former public domain lands, 

Umatilla Chemical Depot, Oregon (sec. 2846) 

The Senate amendment contained a provision (sec. 2842) that 

would transfer jurisdiction to the Secretary of the Army of various 

parcels of property, consisting of approximately 8,300 acres located 

at Umatilla Army Depot, Oregon, that are withdrawn from the 

public domain. The Secretary would combine the transferred real 

property with other land interests at the Depot for purposes of 

management and disposal under title II of the Defense Authorization Amendment and Base Closure and Realignment Act of 1988 

(Public Law 100–526) and other applicable law. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment.

Modification of authority for land conveyance, equipment and storage yard, Charleston, South Carolina (sec. 2847) 

The Senate amendment contained a provision (sec. 2836) that 

would amend section 563(h) of the Water Resources Development 

Act of 1999 (Public Law 106–53) to amend the authorized use of 

proceeds received as consideration by the Secretary of the Army for 

a parcel of property conveyed to the City of Charleston, South 

Carolina. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Land conveyance, Fort Hood, Texas (sec. 2848) 

The House bill contained a provision (sec. 2832) that would authorize the Secretary of the Army to convey approximately 662 

acres at Fort Hood, Texas, to the Texas A&M University system of 

the State of Texas for the purpose of establishing the Texas A&M 

University, Central Texas. In exchange, the Army would receive 

fair market value in cash or in-kind consideration for the property. 

The Senate amendment contained no similar amendment. 

The Senate recedes. 

The conferees anticipate that the terms and conditions for any 

consideration other than cash provided by the Texas A&M University system for the land received will directly enhance the educational opportunities for military personnel and their families at 

Fort Hood, Texas. The conferees encourage the parties to explore 

the possibility of providing consideration in the form of reduced tuition rates for military personnel. 

Land conveyance, local training area for Browning Army Reserve 

Center, Utah (sec. 2849) 

The Senate amendment contained a provision (sec. 2822) that 

would authorize the Secretary of the Army to convey, without consideration, to the State of Utah a parcel of real property consisting 

of approximately 10 acres located at the Browning Army Reserve 

Center, Utah for the purpose of constructing a nursing care facility 

for veterans. 

The House bill contained no similar provision. 

The House recedes with an amendment that would add a reversionary interest, if the Secretary of the Army determines that 

851

the property is not being used for the purpose expressed in the legislation. 

Land conveyance, Army Reserve Center, Hampton, Virginia (sec. 

2850) 

The Senate amendment contained a provision (sec. 2824) that 

would authorize the Secretary of the Army to convey, without consideration, to the Hampton City School Board, Hampton, Virginia, 

a parcel of real property consisting of approximately 29.8 acres, 

known as the Butler Farm United States Army Reserve Center, for 

public education purposes. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Land conveyance, Army National Guard Facility, Seattle, Washington (sec. 2851) 

The Senate amendment contained a provision (sec. 2825) that 

would authorize the Secretary of the Army to convey, without consideration, to the State of Washington a parcel of real property consisting of approximately 9.8 acres in Seattle, Washington and comprising a portion of a National Guard Facility, Pier 91, for the purpose of permitting the State to convey the facility unencumbered 

for economic redevelopment purposes. 

The House bill contained a similar provision (sec. 2833). 

The House recedes with a technical amendment. 

Modification of land exchange and consolidation, Fort Lewis, Washington (sec. 2852) 

The House bill contained a provision (sec. 2834) that would 

amend the section 2837 of the Military Construction Authorization 

Act for Fiscal Year 2002 (division B of Public Law 107–107) to increase the acreage authorized to be conveyed and to clarify the 

treatment of easements. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

PART II—NAVY CONVEYANCES

Land exchange, former Richmond Naval Air Station, Florida (sec. 

2861) 

The conferees agree to a provision that would authorize the 

Secretary of the Army to convey to the University of Miami, Miami, 

Florida, a parcel of real property and easements consisting of approximately 14 acres at the former Richmond Naval Air Station, 

Miami, Florida for the purpose of expansion of university facilities. 

In exchange, the Secretary would be authorized to receive a parcel 

of real property consisting of approximately 12 acres, and related 

easements and construction to provide security and access to the 

parcel. 

Land conveyance, Honolulu, Hawaii (sec. 2862) 

The Senate amendment included a provision (sec. 2827) that 

would authorize the Secretary of the Navy to convey to the City 

and County of Honolulu, Hawaii, a parcel of real property conVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00877 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
852

sisting of approximately 5.16 acres for the purpose of continuing 

fire protection and training for civilian and military personnel. 

The House bill contained no similar provision. 

The House recedes. 

Land conveyance, Navy property, former Fort Sheridan, Illinois 

(sec. 2863) 

The House bill contained a provision (sec. 2842) that would authorize the Secretary of the Navy to convey, without consideration, 

a parcel of environmentally-sensitive property to a nonprofit land 

conservation organization, for the purpose of ensuring permanent 

protection of the lands. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Land exchange, Naval Air Station, Patuxent River, Maryland (sec. 

2864) 

The House bill contained a provision (sec. 2843) that would authorize the Secretary of the Navy to convey approximately 5 acres 

of real property at Naval Air Station, Patuxent River, Maryland, to 

the state of Maryland. In exchange, the Navy shall receive approximately 5 acres of property of an equal value to the conveyance. 

The Senate amendment contained a similar provision (sec. 

2831). 

The House recedes with a technical amendment. 

Modification of land acquisition authority, Perquimans County, 

North Carolina (sec. 2865) 

The conferees agree to a provision that would amend section 

2846 of the Military Construction Authorization Act for Fiscal Year 

2002 (division B of Public Law 107–107) to increase the amount of 

acreage that the Secretary of the Navy is authorized to acquire. 

Land conveyance, Naval Weapons Station, Charleston, South Carolina (sec. 2866) 

The Senate amendment contained a provision (sec. 2834) that 

would authorize the Secretary of the Navy to convey, with fair market value consideration, to the Berkeley County Sanitation Authority, South Carolina, a parcel of property consisting of not more 

than 38 acres at the Naval Weapons Station, Charleston, South 

Carolina, for the purpose of allowing the Authority to expand an 

existing sewage treatment plant. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Land conveyance, Navy YMCA building, Portsmouth, Virginia (sec. 

2867) 

The Senate amendment contained a provision (sec. 2828) that 

would authorize the Secretary of the Navy to convey, without consideration, to the City of Portsmouth, Virginia, a parcel of real 

property consisting of approximately 1⁄2 acre, known as the Navy 

YMCA building, for economic revitalization purposes. 

The House bill contained no similar provision. 

853

The House recedes with a technical amendment that would require the city to provide consideration equal to the costs related to 

the environmental remediation in exchange for the property. s

PART III—AIR FORCE CONVEYANCES

Land exchange, Maxwell Air Force Base, Alabama (sec. 2871) 

The House bill contained a provision (sec. 2851) that would authorize the Secretary of the Air Force to convey approximately 28 

acres comprising the Maxwell Heights Housing site at Maxwell Air 

Force Base, Alabama, to the city of Montgomery, Alabama. In exchange, the Air Force shall receive approximately 35 acres of land 

contiguous to Maxwell Air Force Base. 

The Senate amendment contained a similar provision (sec. 

2830). 

The Senate recedes with an amendment that would state the 

use of the land to be received by the Air Force, and would permit 

the Air Force to seek reimbursement for the costs of the exchange. 

Land conveyance, March Air Force Base, California (sec. 2872) 

The Senate amendment contained a provision (sec. 2832) that 

would authorize the Secretary of the Air Force to convey, with consideration, to the March Joint Powers Authority a parcel of property consisting of approximately 15 acres located in Riverside 

County, California and containing the former Defense Reutilization 

and Marketing Office facility for March Air Force Base. The purpose of the conveyance would be for economic development and revitalization. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Land conveyance, former Griffiss Air Force Base, New York (sec. 

2873) 

The Senate amendment contained a provision (sec. 2829) that 

would authorize the Secretary of the Air Force to convey, at fair 

market value, to the Oneida County Industrial Development Agency, New York, a parcel of property at the former Griffiss Air Force 

Base, New York, consisting of 9.369 acres, including four buildings, 

for economic development purposes. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

PART IV—OTHER CONVEYANCES

Land exchange, Arlington County, Virginia (sec. 2881) 

The Senate amendment contained provision (sec. 2823) that 

would authorize the Secretary of Defense to exchange a parcel of 

real property consisting of not more than 4.5 acres at the Navy 

Annex property, Virginia to Arlington County, Virginia for a parcel 

of approximately equal acreage known as the Southgate Road 

right-of-way between Arlington National Cemetery and the Navy 

Annex property. 

The House bill contained no similar provision. 

854

The House recedes with an amendment that would clarify the 

location of the land to be conveyed and would provide conditions to 

the Secretary for the land conveyance. 

Subtitle E—Other Matters 

One-year resumption of Department of Defense Laboratory Revitalization Demonstration Program (sec. 2891) 

The Senate amendment contained a provision (sec. 2841) that 

would authorize the Secretary of Defense to carry out a follow-on 

program for the revitalization of laboratories operated by the Department of Defense. 

The House bill contained no similar provision. 

The House recedes with an amendment that establishes an authorization expiration date of September 30, 2005. 

Designation of Airmen Leadership School at Luke Air Force Base, 

Arizona, in honor of John J. Rhodes, a former minority leader 

of the House of Representatives (sec. 2892) 

The House bill contained a provision (sec. 2816) that would 

designate the Airmen Leadership School at Luke Air Force Base, 

Arizona, as the John J. Rhodes Airmen Leadership School in honor 

of the former minority leader of the House of Representatives, Congressman John J. Rhodes. 

The Senate amendment contained no similar provision. 

The Senate recedes.

Settlement of claim of Oakland Base Reuse Authority and Redevelopment Agency (sec. 2893) 

The Senate amendment contained a provision (sec. 2844) that would authorize the Secretary of the Navy to pay $2.1 million to 

the Oakland Base Reuse Authority and Redevelopment Agency of 

the City of Oakland, California, as settlement from a court case. 

The House bill contained no similar amendment. 

The House recedes with amendment that would clarify the release of claims against the United States. 

Report on establishment of mobilization station at Camp Ripley National Guard Training Center, Little Falls, Minnesota (sec. 

2894) 

The Senate amendment contained a provision (sec. 1023) that 

would direct the Secretary of Defense to carry out a study on the 

feasibility of the use of Camp Ripley National Guard Training Center, Little Falls, Minnesota, as a mobilization center for Reserve 

components ordered to active duty. 

The House bill contained no similar provision. 

The House recedes with a clarifying amendment. 

Report on feasibility of establishment of veterans memorial at Marine Corps Air Station, El Toro, California (sec. 2895) 

The House bill contained a provision (sec. 2818) that would require the Secretary of the Navy, within 30 days of enactment of 

this Act, to report to Congress on whether the anticipated future 

uses of the former Marine Corps Air Station, El Toro, California, 

855

by the City of Irvine, California, would permit the establishment 

of a veterans memorial at the former installation. 

The Senate amendment contained no similar provision. 

The Senate recedes with a technical amendment. 

Sense of Congress regarding effect of military housing policies and 

force structure basing changes on local education agencies (sec. 

2896) 

The Senate amendment contained a provision (sec. 353) that 

would express the sense of the Senate that the Department of Defense should support the construction of schools in housing privatization agreements that severely impact school populations. 

The House bill contained no similar provision. 

The conferees agree to express the sense of Congress that the 

Department of Defense should consider the effects that the analyses used to determine military housing requirements, changes in 

force structure due to transformation, and overseas basing realignments will have on the number of school-aged military dependents 

and the need for additional educational facilities to serve such dependents. In many cases, local school districts do not have the resources or flexibility to respond quickly to changes in requirements, 

resulting in budget shortfalls and the use of inadequate, temporary 

facilities affecting the quality of education. The Department should 

address such effects by closely coordinating changes in requirements with local education agencies. The Department should also 

consider using existing authority under subchapter IV of chapter 

169 of title 10, United States Code, to include the construction of 

educational facilities in military housing privatization initiatives. 

Sense of Congress and study regarding memorial honoring nonUnited States citizens killed in the line of duty while serving in 

the United States Armed Forces (sec. 2897) 

The House bill contained a provision (sec. 1081) that would require the Secretary of the Army to place in Arlington National 

Cemetery a memorial marker honoring the service and sacrifice of 

noncitizens killed in the line of duty while serving in the Armed 

Forces of the United States. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would express 

the sense of the Congress that a memorial marker or monument 

honoring the service and sacrifice of noncitizen service members 

killed in the line of duty should be designed and placed in an appropriate location. The amendment would require the Secretary of 

the Army, in consultation with the Secretary of Veterans Affairs 

and the American Battle Monuments Commission, to conduct a 

study examining the feasibility of placing such a memorial marker 

in the Arlington National Cemetery, or some other suitable location. It would require the Secretary of the Army to submit a report 

on this study and any recommendations by April 1, 2005. 

856

LEGISLATIVE PROVISIONS NOT ADOPTED

Increase in thresholds for unspecified minor military construction 

projects 

The Senate amendment contained a provision (sec. 2801) that 

would amend section 2805(a)(1) of title 10, United States Code, by 

raising the threshold of the cost of a construction project authorized by this section from $1.5 million to $2.5 million. This provision 

would also raise the threshold of the cost of a construction project 

intended solely to correct a deficiency that is life-threatening, 

health-threatening, or safety-threatening from $3.0 million to $4.0 

million. 

The House bill contained no similar provision. 

The Senate recedes. 

Increase in certain thresholds for carrying out unspecified minor 

military construction projects 

The House bill contained a provision (sec. 2801) that would 

amend section 2805(b) of title 10, United States Code, to increase 

from $750,000 to $1.0 million the threshold at which service secretaries must approve the use of operation and maintenance funds 

for unspecified minor construction projects. This section would also 

amend section 2805(c) to establish a single limit of $1.5 million at 

which operation and maintenance funds may be used for unspecified minor construction projects. 

The Senate amendment contained no similar amendment. 

The House recedes. 

Increase in certain thresholds for reporting real property transactions 

The House bill contained a provision (sec. 2811) that would 

amend section 2662 of title 10, United States Code, to increase 

from $750,000 to $1.5 million the thresholds at which the military 

services must report to Congress real property transactions. This 

section would also change the threshold amounts in annual reporting requirements for minor real property transactions. 

The Senate amendment contained no similar provision. 

The House recedes. 

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

The House bill contained a provision (sec. 2813) that would 

amend section 2667 of title 10, United States Code, to allow 50 percent of lease receipts from the Rock Island Arsenal Golf Club, a 

community club that leases and operates the arsenal’s golf course 

for the general public and local military personnel, to be placed 

into the Rock Island Arsenal morale, welfare, and recreation fund. 

The Senate amendment contained no similar position. 

The House recedes. 

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

costs 

The House bill contained a provision (sec. 2814) that would 

amend section 2814 of the National Defense Authorization Act for 

Fiscal Year 2002 (Public Law 107–107), to adjust the number of 

contracts permitted under the building commissioning program. 

The Senate amendment contained no similar provision. 

The House recedes. 

Repeal of Commission on Review of Overseas Military Facility 

Structure of the United States 

The House bill contained a provision (sec. 2815) that would repeal section 128 of the Military Construction Appropriations Act, 

2004 (Public Law 108–132), which established the Commission on 

the Review of Overseas Military Facility Structure of the United 

States. 

The Senate amendment contained no similar provision. 

The House recedes. 

Two-year postponement of 2005 base closure and realignment round 

and submission of reports regarding future infrastructure requirements for the Armed Forces 

The House bill contained a provision (sec. 2821) that would 

amend current base realignment and closure law to postpone the

2005 base closure and realignment round until 2007, pending receipt of several reports on significant infrastructure issues. 

The Senate amendment contained no similar amendment. 

The House recedes. 

Adherence to certain authorities on preservation of military depot 

capabilities during any subsequent round of base closures and 

realignments 

The House bill contained a provision (sec. 2825) that would 

amend the Defense Base Closure and Realignment Act of 1990 

(part A of title XXIX of Public Law 101–510, as amended) to require that base closure and realignment actions comply with provisions of title 10, United States Code, that address governmentowned, government-operated depot-level maintenance, repair, and 

logistics capabilities within the Department of Defense. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees acknowledge that section 2464 of title 10, United 

States Code, requires the Department of Defense to maintain government-owned and operated logistics capabilities to include work 

force and facilities, to ensure a ready and controlled source of technical competence and resources necessary to support an effective 

and timely response to a mobilization, a national defense contingency situation, and other emergency requirements. Section 2466 of 

the same title requires that no more than 50 percent of each military department’s annual funding for depot level maintenance and 

repair activities be performed in the private sector. While these 

sections are intended to preserve a certain level of depot and logistics capabilities in the Department, these sections also authorize 

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the Secretary of Defense to waive these provisions for reasons of 

national security. 

The conferees believe that military base realignment and closure actions undertaken by the Department under authority provided in the Defense Base Closure and Realignment Act of 1990 

(Public Law 101–510), as amended by the National Defense Authorization Act for 2002 (division B of Public Law 107–107), must 

be consistent with the provisions in title 10, United States Code, 

pertaining to the preservation of depot logistics capabilities. 

Therefore, the conferees direct the Secretary of Defense to ensure that the recommendations submitted to the Commission, pursuant to the Base Closure and Realignment Act, adhere to sections 

2464 and 2466 of title 10, United States Code. The conferees further direct the Secretary to ensure that the same recommendations 

will not result in the requirement to perpetually waive the provisions of sections 2464 and 2466 of title 10, United States Code. 

Transfer of jurisdiction, Nebraska Avenue Naval Complex, District 

of Columbia 

The House bill contained a provision (sec. 2841) that would 

transfer jurisdiction of the Nebraska Avenue Naval Complex in 

Washington, D.C., from the Navy to the Administrator of General 

Services for the purpose of accommodating the Department of 

Homeland Security. 

The Senate amendment contained a similar provision (sec. 

2826). 

The authority for the Secretary of the Navy to transfer jurisdiction of the Nebraska Avenue Naval Complex to the Administrator of General Services for use by the Department of Homeland 

Security was provided by Congress in Public Law 108–268, signed 

on July 2, 2004. Therefore, this provision is not adopted by the conferees. 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL 

SECURITY PROGRAMS 

Overview 

Title XXXI authorizes appropriations for atomic energy defense 

activities of the Department of Energy (DOE) for fiscal year 2005, 

including: the purchase, construction, and acquisition of plant and 

capital equipment; research and development; nuclear weapons activities; defense nuclear nonproliferation; naval nuclear propulsion; 

environmental restoration and waste management; operating expenses; and other expenses necessary to carry out the purposes of 

the Department of Energy Organization Act (Public Law 95–91). 

The title would authorize appropriations in four categories: National Nuclear Security Administration (NNSA); defense environmental management; other defense activities; and defense nuclear 

waste disposal.

The budget request for atomic energy defense activities at DOE 

totaled $16.8 billion, a $483.2 million increase above the fiscal year 

2004 level. Of the total amount requested, $9.0 billion would be for 

NNSA, of which $6.6 billion would be for weapons activities; $1.3 

billion would be for defense nuclear nonproliferation activities; 

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$797.9 million would be for naval reactors; $333.7 million would be 

for the Office of the Administrator; $7.0 billion would be for defense 

environmental management, of which $6.0 billion would be for defense site acceleration completion and $982.5 million would be for 

defense environmental services; $663.6 million would be for other 

defense activities; and $131.0 million would be for defense nuclear 

waste disposal. The conferees agree to authorize $16.8 billion for atomic energy defense activities at DOE, an increase of $483.2 million above the 

fiscal year 2004 level. The conferees agree to authorize $9.1 billion 

for the NNSA, an increase of $33.6 million above the budget

request. Of the amounts authorized for the NNSA, $6.6 billion 

would be for weapons activities, an increase of $23.6 million; $1.3 

billion would be for defense nuclear nonproliferation activities; 

$797.9 million would be for naval reactors; and $343.7 million 

would be for the Office of the Administrator, an increase of $10.0 

million above the budget request. The conferees agree to authorize 

$7.0 billion for defense environmental management, an increase of 

$4.0 million above the budget request. Of the amounts authorized 

for defense environmental management, $6.0 billion would be for 

defense site acceleration completion and $986.5 million for defense 

environmental services. The conferees agree to authorize $636.0 

million for other defense activities, a decrease of $27.6 million 

below the budget request. The conferees agree to authorize $120.0 

million for defense nuclear waste disposal, a decrease of $11.0 million below the budget request. 

The following table summarizes the budget request and the authorizations:

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LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—National Security Programs Authorizations 

National Nuclear Security Administration (sec. 3101) 

The House bill contained a provision (sec. 3101) that would authorize $9.0 billion for the National Nuclear Security Administration (NNSA), including funds for weapons activities, defense nuclear nonproliferation programs, naval reactor programs, and the 

Office of the Administrator. 

The Senate amendment contained a similar provision that 

would authorize $9.2 billion (sec. 3101). 

The conferees agree to include a provision that would authorize 

$9.1 billion for NNSA. 

The budget request included $1.4 billion for directed stockpile 

work. The conferees agree to authorize $1.4 billion for directed 

stockpile work, a decrease of $21.5 million to be taken out of individual warhead life extension programs. The conferees note that 

this is a $44.6 million increase over the amount appropriated for 

directed stockpile work in fiscal year 2004. 

The budget request included $301.0 million in science campaigns. The conferees agree to authorize $281.5 million for science 

campaigns, a decrease of $19.5 million. The conferees note that the 

reduction is without prejudice and should be taken from carry over 

due to the shutdown at the national laboratories in July and August. 

The budget request included $243.0 million for the engineering 

campaign. The conferees agree to authorize $253.0 million for the 

engineering campaign, an increase of $10.0 million, to support the 

microsystems and engineering sciences applications (MESA) construction project. 

The budget request included $741.3 million for the advanced 

simulation and computing (ASC) campaign. The conferees agree to 

authorize $731.3 million for the advanced simulation and computing campaign, a decrease of $10.0 million. The conferees note 

that the ASC campaign has experienced cost growth and schedule 

slippage. 

The budget request included $1.5 billion for readiness in technical base and facilities. The conferees agree to authorize $1.5 billion, an increase of $55.6 million for readiness in technical base 

and facilities for replacement of aging equipment, correction of deferred maintenance, and disposition of legacy materials consistent 

with the National Nuclear Security Administration approved 10 

year comprehensive plan as follows: $12.6 million at the Kansas 

City Plant in Missouri, $6.0 million for the Lawrence Livermore 

National Laboratory in California, $19.0 million for the Pantex 

Plant in Texas, $9.0 million for Sandia National Laboratory in New 

Mexico, and $9.0 million for the Y–12 National Security Complex 

in Tennessee. 

The budget request included $707.0 for safeguards and security. The conferees agree to authorize $716.0 million for safeguards 

and security, a $9.0 million increase for security upgrades at the 

Y–12 National Security Complex in Tennessee. 

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The budget request included $1.3 billion for defense nuclear nonproliferation. The conferees agree to authorize $1.3 billion for 

defense nuclear nonproliferation, the amount of the budget request. 

The conferees further agree to a $25.0 million increase for nonproliferation and verification research and development, and a 

$25.0 million reduction for fissile materials disposition. The conferees note that continued delays in the commencement of construction activities under the fissile materials disposition program 

make it unlikely that the Department will be able to fully obligate 

the budget request for that program in fiscal year 2005. The conferees believe that the nonproliferation and verification research 

and development program is doing valuable work on proliferation 

detection and other technologies that would benefit from additional 

resources. 

The budget request included $333.7 million for the Office of the Administrator. The conferees agree to authorize $343.7 million, an 

increase of $10.0 million to settle claims of Pajarito homesteaders. 

This account includes program direction funding for all elements of 

NNSA, with the exception of the Naval Reactors Program and the 

Secure Transportation Asset. 

The conferees note that security lapses at the Los Alamos National Laboratory (LANL) concerning classified removable electronic media (CREM) this past year have been very disruptive to 

the nuclear weapons program. The conferees encourage the Administrator to become more involved in making sure these types of incidents are avoided in the future. The contractor has the primary 

day-to-day accountability for maintaining security of the laboratory, including the security of classified information. The contractor 

must ensure that a culture exists across the laboratory which 

maintains classified information in a very secure manner. However, the National Nuclear Security Administration also must be 

held accountable, and the Administrator must ensure the federal 

workforce is applying an appropriate level of oversight to avoid security lapses to the maximum extent possible. 

Defense environmental management (sec. 3102) 

The House bill contained a provision (sec. 3102) that would authorize $6.9 billion for the Department of Energy for defense environmental management (EM) activities for fiscal year 2005, including funds for defense site acceleration completion and defense environmental services. 

The Senate amendment contained a similar provision (sec. 

3102) that would authorize $7.0 billion for defense environmental 

activities. 

The conferees agree to authorize $7.0 billion for defense environmental management, the amounts of the budget request, including $6.0 billion for defense site acceleration completion and $986.5 

million for defense environmental services, an increase of $4.0 million. The conferees agree to authorize this $4.0 million increase in 

defense environmental services for newly generated waste requirements and ground water cleanup activities at the Lawrence Livermore National Laboratory in California (Project HQ–SW–0013Y). 

Of the amounts authorized to be appropriated in the defense 

site acceleration completion program, $6.0 million may be available 

880

for the Hazardous Materials Management and Emergency Response (HAMMER) Training Center. While the conferees recognize 

that HAMMER is an important facility for the training of emergency response personnel, the conferees note that HAMMER may 

be more appropriately funded and managed by the Department of 

Homeland Security. 

Other defense activities (sec. 3103) 

The House bill contained a provision (sec. 3103) that would au- thorize $657.6 million for the Department of Energy (DOE) for 

other defense activities for fiscal year 2005. 

The Senate amendment contained a similar provision (sec. 3103) that would authorize $568.1 million for DOE for other defense activities. 

The conferees agree to include a provision that would authorize $636.0 million, a reduction of $27.6 million below the budget request. The budget request included $10.6 million for energy security 

and assurance. The conferees recommend no funds for these activities. The operational component for this office was transferred to 

the Department of Homeland Security in fiscal year 2003. The conferees do not support using Atomic Energy Act funds for nondefense activities. 

The budget request included $255.1 million for the Office of Se- curity. The conferees agree to authorize $256.6 million for the Office of Security, an increase of $1.5 million above the budget request for International Nuclear Analysis. The budget request included $34.9 million for the Office of Leg- acy Management. The conferees agree to authorize $35.9 million 

for the Office of Legacy Management, an increase of $1.0 million 

above the budget request. The conferees direct $500,000 of this increase be added to the $2.5 million provided for worker and community transition, for a total authorization of $3.0 million. The remaining $500,000 shall be used for Local Stakeholder Organizations. 

The budget request included $112.9 million for nuclear energy. 

The conferees agree to authorize $114.3 million for nuclear energy, 

an increase of $1.5 million over the budget request for the Lynchburg Technology Center in Virginia to inspect and repackage the 

spent nuclear fuel stored in aluminum canisters. The Senate 

amendment would authorize $1.1 million for these activities within 

defense site acceleration completion. The conferees note that these 

activities should be addressed by the Office of Nuclear Energy, the 

office with primary responsibility for these materials. 

The budget request included $92.4 million for defense related 

administrative support (DRAS). The conferees recommend $71.4 

million for DRAS, a reduction of $21.0 million below the budget request. The conferees are concerned that the activities conducted by 

DRAS are not defense activities, but instead support the general 

administrative responsibilities of the Department of Energy. There 

are many activities conducted by the defense funded programs at 

DOE which are paid for entirely by the defense programs that support the Department of Energy broadly. The conferees prefer not to 

use Atomic Energy Defense funds for nondefense activities. The 

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conferees encourage the Department of Energy to restrict future 

budget requests for Atomic Energy Defense funds to defense activities. 

The budget request included $5.0 million for the Office of Future Liabilities (FL). The conferees recommend no funds for these 

activities. The conferees are concerned that DOE is creating this 

new office to conduct essentially the same type of work being conducted by the Office of Environmental Management (EM). The conferees strongly encourage DOE to include this function in the EM 

program to avoid the cost and inefficiency of creating a new office. 

Defense nuclear waste disposal (sec. 3104) 

The House bill contained a provision (sec. 3104) that would authorize $131.0 million for defense nuclear waste disposal (DNWD). 

The Senate amendment contained a similar provision (sec. 

3104) that would authorize $108.0 million for DNWD. 

The conferees agree to include a provision that would authorize 

$120.0 million, a reduction of $11.0 million below the budget request. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Report on requirements for Modern Pit Facility (sec. 3111) 

The Senate amendment contained a provision (sec. 3111) that 

would prohibit the Secretary of Energy from obligating or expending more than half of the funds available for the Modern Pit Facility (MPF) until 30 days after the Administrator of the National Nuclear Security Administrator (NNSA) submits a report to congressional defense committees setting forth the validated pit production 

requirements for the MPF, and one additional report on the stockpile required by the Energy and Water Development Appropriations Act, 2004 (Public Law 108–137). The requirement shall be developed in consultation with the Department of Defense. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Administrator of the NNSA to submit a report to congressional defense committees setting forth the validated pit production requirements for the MPF not later than January 31, 2005 based on certain assumptions for pit lifetimes. In addition, the provision does 

not restrict the Secretary’s authority to obligate and expend the 

funds available for the MPF pursuant to section 3101. 

Two-year extension of authority for appointment of certain scientific, 

engineering, and technical personnel (sec. 3112)

The House bill contained a provision (sec. 3111) that would extend the authority of the Secretary of Energy to appoint certain scientific, engineering, and technical personnel until September 30, 

2006. 

The Senate amendment contained an identical provision (sec. 

3142). 

The conference agreement includes this provision. 

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

deadline (sec. 3113) 

The House bill contained a provision (sec. 3112) that would 

amend section 3114 of the National Defense Authorization Act for 

Fiscal Year 2004 (Public Law 108–136) to give the Administrator 

of the National Nuclear Security Administration (NNSA) greater 

flexibility in adding projects or updating priorities to projects within the Facilities and Infrastructure Recapitalization Program 

(FIRP). 

The Senate amendment contained a similar provision (sec. 

3113) that would amend section 3114 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136) to permit the Administrator of the NNSA to make no more than five 

modifications per fiscal year, and would limit each modification to 

a specific building, facility, or other improvement at an NNSA site. 

The provision would also prohibit any modifications until 60 days 

after the congressional defense committees receive both the report 

required in section 3114(c), setting forth the guidelines on the conduct of the readiness in technical base and facilities (RTBF) program, and a list of projects selected for inclusion in the FIRP program as required by section 3114(a). Nothing should delay the completion of the section 3114(c) report or the completion of the section 

3114(a) project section required by the Act. 

The House recedes. 

Modification of milestone and report requirements for National Ignition Facility (sec. 3114) 

The Senate amendment contained a provision (sec. 3114) that 

would modify and extend current reporting requirements for the 

National Ignition Facility (NIF), section 3137 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107), 

to review all program elements necessary for both achieving ignition and enabling NIF to be a fully functioning facility. 

The House bill contained no similar provision. 

The House recedes. 

The conferees strongly support NIF and are encouraged by the 

recent progress in constructing NIF, and the initiation of experiments on NIF in support of the science-based stockpile stewardship 

program. The purpose of this provision is to ensure there is better 

internal and external oversight of the project by requiring milestones on construction, ignition, and the scientific experiments. 

Modification of submittal date of annual plan for stewardship, 

management, and certification of warheads in the nuclear 

weapons stockpile (sec. 3115) 

The Senate amendment contained a provision (sec. 3115) that 

would change the due date of the annual reporting requirement for 

the stockpile stewardship program from March 15 to May 1. 

The House bill contained no similar provision. 

The House recedes. 

The conferees believe that changing the due date for the report 

will allow the Department of Energy to submit a complete and 

timely report. 

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Defense site acceleration completion (sec. 3116) 

The Senate amendment contained a provision (sec. 3116) that 

would authorize the Secretary of Energy to determine that, notwithstanding any other provision of law, high-level radioactive 

waste does not include radioactive material resulting from the reprocessing of spent nuclear fuel if (a) the radioactive material does 

not require permanent isolation in a deep geologic repository for 

spent fuel or highly radioactive waste pursuant to criteria promulgated by the Secretary in consultation with the Nuclear Regulatory 

Commission (NRC); (b) to the maximum extent practical, that the 

highly radioactive radionuclides were removed in accordance with 

NRC approved criteria; and (c) that materials from storage tanks 

are disposed of in a facility pursuant to a State-approved closure 

plan, or a State issued permit, authority for the approval or 

issuance of which is conferred on the State outside of this Act. This 

provision would apply to the material stored at the Savannah River 

Site in South Carolina. 

The House bill contained no similar provision. 

The House recedes with an amendment that would authorize 

the Secretary of Energy to determine, in consultation with the Nuclear Regulatory Commission (NRC), that notwithstanding the provisions of the Nuclear Waste Policy Act of 1982, the requirements 

of section 202 of the Energy Reorganization Act of 1974 and other 

laws that define classes of radioactive waste, the term ‘‘high-level 

radioactive waste’’ does not include radioactive waste resulting 

from the reprocessing of spent nuclear fuel if: (1) the waste does 

not require permanent isolation in a deep geologic repository for 

spent fuel or high-level radioactive waste, (2) the waste has had 

highly radioactive radionuclides removed to the maximum extent 

practical and (3) the waste either does not exceed concentration 

limits for Class C low-level waste as set out in section 61.55 of title 

10, Code of Federal Regulations (CFR), and will be disposed of in 

compliance with the performance objectives set out in subpart C of 

part 61 of title 10, CFR, pursuant to a State-approved closure plan 

or State-issued permit, authority for the approval or issuance of 

which is conferred on the State outside of this section or, if the 

waste does exceed concentration limits for Class C low-level waste, 

the waste will be disposed of in compliance with the performance 

objectives set out in subpart C of part 61 of title 10, CFR, pursuant 

to a State-approved closure plan or State-issued permit, authority 

for the approval or issuance of which is conferred on the State outside of this section, and pursuant to plans developed by the Secretary in consultation with the NRC. Any modification to the performance objectives in subpart C of part 61 of title 10, CFR, shall 

apply to actions under this section. 

Section 3116 applies to material stored at a Department of Energy site at which activities are regulated by a covered State pursuant to approved closure plans or permits issued by the State. For 

purposes of this section, covered states are the States of South 

Carolina and the State of Idaho. 

The NRC shall, in coordination with the covered State, monitor 

the disposal actions taken by the Department of Energy (DOE). If 

the NRC considers any disposal actions by DOE to not be in compliance with the requirements set out in this section, the NRC 

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shall inform DOE, the covered State, and the appropriate congressional committees. The Secretary of Energy shall reimburse the 

NRC for all expenses that the NRC incurs for performance under 

this section during fiscal year 2005. In subsequent fiscal years, the 

NRC shall include in the budget justification materials submitted 

to Congress the amounts required, not offset by revenues, for performance under subsections (a) and (b). 

Section 3116, as passed by the Senate, applied ‘‘notwithstanding any other provision of law.’’ The conferees substitute this 

broad application with specific laws that are within the ambit of 

the ‘‘notwithstanding’’ clause; those laws that define classes of radioactive waste, including, but not limited to, the Nuclear Waste 

Policy Act, section 202 of the Energy Reorganization Act of 1974, 

section 2(10) of the Waste Isolation Pilot Plant Land Withdrawal 

Act and section 11dd. of the Atomic Energy Act of 1954, which 

cross-reference section 2(12) of the NWPA’s definition of ‘‘high-level 

waste,’’ section 2(9) of the Low-Level Waste Policy Act which defines low-level radioactive waste with reference to high-level radioactive waste, and the authorities stemming from the Atomic Energy Act for establishing radiation protection standards for disposal 

of radioactive waste that were transferred to the EPA by Reorganization Plan No. 3 of 1970. Laws like the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public 

Law 96–510) and the Resource Conservation and Recover Act of 

1976 (Public Law 94–580) which do not specify or establish disposal standards based on these kinds of classifications of radioactive waste, would be unaffected, as would general environmental 

laws such as National Environmental Policy Act, and laws regulating radioactive waste for purposes other than disposal. 

The conferees note that nothing in section 3116 shall impair, 

alter, or modify the full implementation of any Federal Facility 

Agreement and Consent Order or other applicable consent decree 

for a Department of Energy site. In that connection, the conferees 

understand that pursuant to the settlement agreement entered into 

by the United States with the State of Idaho in the actions captioned Public Service Co. of Colorado v. Batt, Civil No. 91–0035–

S–EJL, and United States v. Batt, Civil No. 91–0054–S–EJL, in the 

United States District Court for the District of Idaho, and the consent order of the United States District Court for the District of 

Idaho dated October 17, 1995 that effectuates this settlement 

agreement, the Department of Energy has committed to complete 

solidification of the sodium-bearing waste retrieved from tanks in 

the Tank Farm Facility at the Idaho Nuclear Engineering and 

Technology Center at the Idaho National Engineering and Environmental Laboratory (INEEL) by December 31, 2012 and to treat this 

material so that it is ready to be moved out of Idaho for disposal 

by a target date of 2035, regardless of any ultimate decision on the 

classification of this waste. The conferees urge the Department to 

accelerate the final out-of-state disposal of this waste. Furthermore, the conferees direct the Secretary of Energy to submit a report to the congressional defense committees by March 1, 2005 describing the Department’s plans for the final disposal of the sodium 

bearing waste at INEEL. Section 3116 does not establish any 

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egon or any other state that is not a covered state for the management, storage, treatment, and disposition of radioactive and hazardous material. 

The conferees note that the Defense Nuclear Facilities Safety 

Board (DNFSB) has statutory responsibilities associated with the 

Department’s defense site acceleration completion activities. Although this provision establishes new responsibilities for the NRC, 

nothing in this section is intended to alter the existing statutory 

authority of the DNFSB in any area. 

The conferees note that subsection (c) of this provision states 

that subsection (a) does not apply to any material transported from 

the state and subsection (e)(3) states that nothing in this section 

amends the definition of ‘‘transuranic waste’’. The conferees’ intent 

is that nothing in this statute changes the disposal requirements 

for waste that will ultimately be disposed of at the Waste Isolation 

Pilot Plant. In addition, subsection (e)(5) states that nothing in this 

provision amends the West Valley Demonstration Project Act. 

The conferees note that subsection (f) provides for judicial review of any determination or agency action by the Secretary of Energy under this section consistent with the Administrative Procedure Act’s provisions for judicial review as set out in chapter 7 of 

title 5 of the United States Code. Failure by the Nuclear Regulatory Commission to perform its monitoring responsibilities under 

subsection (b) is also subject to judicial review in accordance with 

those provisions. The conferees intend that the Secretary of Energy’s actions under section 3116 are fully subject to judicial review 

notwithstanding any action by the Nuclear Regulatory Commission. 

The conferees note that section 3155 of the National Defense 

Authorization for Fiscal Year 2002 sets forth the obligations of the 

Department to manage and dispose of surplus plutonium shipped 

to the Savannah River Site. The authority granted to the Department under section 3116 to reclassify radioactive material does not 

extend to this plutonium nor does it relieve the Department of its 

obligations under Section 3155 of the 2002 Act. Subsection (e)(4) 

was included to clarify this limitation. 

Treatment of waste material (sec. 3117) 

The Senate amendment contained a provision (sec. 3120) that 

would authorize $350.0 million out of defense site acceleration completion and defense environmental services to be expended for activities at the Hanford Site in Washington, the Idaho National Engineering and Environmental Laboratory in Idaho, and the Savannah River Site in South Carolina for the safe management, treatment, storage, consolidation, and emptying and cleaning of tanks 

or tank farms used to store waste from reprocessing activities. 

The House bill would authorize $300.0 million for defense site 

acceleration completion to address waste incidental to reprocessing. 

The House recedes with an amendment that would authorize 

$350.0 million for defense site acceleration completion activities at 

the Idaho National Engineering and Environmental Laboratory in 

Idaho, the Savannah River Site in South Carolina, and the Hanford 

Site in Washington. 

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Local stakeholder organizations for 2006 closure sites (sec. 3118) 

The Senate amendment contained a provision (sec. 3121) that 

would direct the Secretary of Energy to establish local stakeholder 

organizations (LSOs) to operate in consultation with local elected 

officials at Department of Energy Environmental Management 

2006 closure sites. This would include the Rocky Flats Environmental Technology Site, the Fernald Environmental Management 

Project, and the Miamisburg Environmental Management Project 

Mound Site. 

The House bill contained no similar provision. 

The House recedes with an amendment that would strike the 

portion of the provision which stated that the Federal Advisory 

Committee Act (FACA) (5 U.S.C. App.) does not apply to LSOs. 

The conferees note that as the community reuse organizations 

comply with FACA, LSOs will also have to comply with FACA. The 

conferees also encourage the LSOs to work with other community 

organizations and groups to allow a broad view to be considered. 

Report to Congress on Advanced Nuclear Weapons Concepts Initiative (sec. 3119) 

The Senate amendment contained a provision (sec. 3112) that 

would prohibit the Secretary of Energy from obligating or expending the funds available for advanced nuclear concepts initiative 

(ACI) until 30 days after the Administrator of the National Nuclear 

Security Administration submits a report on the planned activities 

for fiscal year 2005 under this initiative. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

Administrator of the NNSA to submit a report setting forth the 

planned ACI activities in fiscal year 2005 by March 1, 2005. The 

Secretary may fully obligate or expend the funds available for ACI. 

Subtitle C—Proliferation Matters 

Modification of authority to use International Nuclear Materials 

Protection and Cooperation Program funds outside the former 

Soviet Union (sec. 3131) 

The Senate amendment contained a provision (sec. 3131) that 

would amend section 3124 of the National Defense Authorization 

Act for Fiscal Year 2004, to remove the $50.0 million limitation on 

the authority to use International Nuclear Materials Protection 

and Cooperation Program funds for projects and activities outside 

of the former Soviet Union to meet emerging proliferation threats. 

The provision would also clarify that this authority applies only to 

projects or activities that have not previously been authorized by 

Congress. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Acceleration of removal or security of fissile materials, radiological 

materials, and related equipment at vulnerable sites worldwide 

(sec. 3132) 

The Senate amendment contained a provision (sec. 3132) that 

would express the sense of Congress that the security of high-risk, 

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proliferation-attractive fissile materials, radiological materials, and 

related equipment at vulnerable sites worldwide should be a top 

U.S. national security priority. The provision would also express 

the sense of Congress that the President may establish a Department of Energy Task Force on Nuclear Materials to carry out a 

program to undertake an accelerated, comprehensive worldwide effort to mitigate threats posed by high-risk, proliferation-attractive 

fissile materials, radiological materials, and related equipment located at sites potentially vulnerable to theft or diversion. The provision would include a list of specific activities that would be authorized under such a program. 

The House bill contained no similar provision. 

The House recedes with a technical amendment. 

Silk Road Initiative (sec. 3133) 

The House bill contained a provision (sec. 1421) that would authorize the Secretary of Energy to carry out a program known as 

the Silk Road Initiative to promote non-weapons-related employment opportunities for scientists, engineers, and technicians formerly engaged in activities to develop and produce weapons of 

mass destruction in nations of the former Soviet Union in the 

Caucasus and Central Asia. The provision would encourage the 

Secretary to begin a pilot program in the Republic of Georgia, and 

would authorize the Secretary to spend up to $10.0 million on the 

program from funds available for nonproliferation and international security for fiscal year 2005. 

The Senate amendment contained no similar provision. 

The Senate recedes with technical amendments. 

The conferees note that a number of independent states of the 

former Soviet Union have been helpful to the United States in the 

war on terrorism. Such states are new and struggling democracies 

and would benefit considerably from assistance to create sustainable jobs for their underemployed or unemployed scientists, engineers, and technicians who were formerly engaged in activities to 

develop and produce weapons of mass destruction. The conferees 

further note that it is the policy of the United States to seek to establish and promote programs to prevent the proliferation of scientific and technical expertise to develop and produce weapons of 

mass destruction from states of the former Soviet Union to countries of proliferation concern; and to assist independent states of 

the former Soviet Union that have been helpful to the United 

States in the war on terrorism so as to promote the creation of jobs 

that foster economic stability and democracy. 

Nuclear Nonproliferation Fellowships for scientists employed by 

United States and Russian Federation (sec. 3134) 

The House bill contained a provision (sec. 1422) that would authorize the Administrator for Nuclear Security to carry out a program under which the Administrator would award international 

exchange fellowships in the nuclear nonproliferation sciences to scientists employed at the Kurchatov Institute of the Russian Federation and the Lawrence Livermore National Laboratory of the 

United States. The fellowships would be known as TellerKurchatov Nonproliferation Fellowships. The provision would auVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00913 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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thorize the Administrator to spend up to $10.0 million on the program from funds available for nonproliferation and international 

security in fiscal year 2005. 

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would authorize 

the Administrator for Nuclear Security to carry out a program 

under which the Administrator would award international exchange fellowships in the nuclear nonproliferation sciences to scientists employed at nonproliferation research laboratories of the 

Russian Federation and the United States. The fellowships would 

be known as Nuclear Nonproliferation Fellowships. The provision 

would authorize the Administrator to use funds available for nonproliferation and international security in fiscal year 2005 for this 

fellowship program. 

Utilization of international contributions to the Elimination of 

Weapons Grade Plutonium Production Program (sec. 3135) 

The conferees agree to include a provision that would provide 

the Secretary of Energy authority to accept international contributions to the Elimination of Weapons Grade Plutonium Production 

Program. The provision would permit the Secretary of Energy to: 

(1) enter into agreements, in consultation with the Secretary of 

State, with a person, foreign government, or international organization for this purpose; and (2) use such contributions without further authorization or appropriation. The provision would require 

the Secretary to notify the congressional defense committees: (1) of 

the receipt of any international contributions for this program 

within 30 days of their receipt; and (2) of the intended use of any 

funds received 30 days before they may be utilized. The provision 

would also require the Secretary to submit an annual report to the 

congressional defense committees on the receipt and utilization of 

amounts received pursuant to this authority for each fiscal year. 

The provision would require that any funds not used within five 

years be returned to the contributor. The authority provided by 

this provision would expire on December 31, 2011. 

Subtitle D—Other Matters 

Indemnification of Department of Energy contractors (sec. 3141) 

The Senate amendment contained a provision (sec. 3141) that 

would amend section 170d(1)(A) of the Atomic Energy Act of 1954 

to allow the Department of Energy to continue to enter into contracts for indemnification for an additional two years, through December 31, 2006. 

The House bill contained no similar provision. 

The House recedes. 

Report on maintenance of retirement benefits for certain workers at 

2006 closure sites after closure of sites (sec. 3142) 

The Senate amendment contained a provision (sec. 3122) that 

would require the Assistant Secretary of Energy for Environmental 

Management to submit a report to the Secretary of Energy on 

maintenance of retirement benefits for workers at 2006 closure 

sites shortly before closure of those sites. The report would include 

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the number of workers at the closure sites which would not receive 

retirement benefits if the site where they work is closed early; the 

cost to provide benefits to these workers; and the impact on collective bargaining agreements due to the workers’ loss of benefits. The 

Secretary of Energy would be required to send the report to the 

congressional defense committees. 

The House bill contained no similar provision. 

The House recedes with an amendment that would clarify the 

scope of the report. 

The conferees direct the Department of Energy to use the contracts that were in effect on September 30, 2003 as the contracts 

for determining the target completion date. 

Report on efforts of National Nuclear Security Administration to 

understand plutonium aging (sec. 3143) 

The Senate amendment contained a provision (sec. 3123) that 

would require the Administrator of the National Nuclear Security 

Administration (NNSA) to enter into a contract with a Federally 

Funded Research and Development Center for a study to assess the 

efforts of the NNSA to understand the aging of plutonium used in 

nuclear weapons.

The House bill contained no similar provision. 

The House recedes. 

Support for public education in the vicinity of Los Alamos National 

Laboratory, New Mexico (sec. 3144) 

The Senate amendment contained a provision (sec. 3144) that 

would require the Secretary of Energy (DOE) to include in all the 

management and operating contracts for the Los Alamos National 

Laboratory (LANL), entered into after September 30, 2005, a provision that would require the contractor to provide $8.0 million per 

year for support for public secondary and elementary education to 

the Los Alamos Public School District. The House bill contained no 

similar provision. 

The House recedes. 

Review of Waste Isolation Pilot Plant, New Mexico, pursuant to 

competitive contract (sec. 3145) 

The House bill contains a provision (sec. 3133) that would direct the Secretary of Energy to enter into a new contract for independent reviews of the design, construction, and operations of the 

Waste Isolation Pilot Plant in New Mexico (WIPP). 

The Senate amendment contained a similar provision (sec. 

3145) that would direct the Secretary of Energy to use competitive 

procedures in future contracts for independent reviews of the design, construction, and operations of WIPP. 

The House recedes. 

National Academy of Sciences study on management by Department 

of Energy of certain radioactive waste streams (sec. 3146) 

The House bill contains a provision (sec. 3132) that would require the Secretary of Energy to enter into an agreement with the 

National Research Council of the National Academy of Sciences to 

complete a study of the plans of the Department of Energy (DOE) 

890

to manage certain waste streams that are not planned for disposal 

in a high-level repository. These streams are located at the Savannah River site, South Carolina, the Idaho National Engineering 

and Environmental Laboratory, Idaho, and the Hanford Reservation, Washington. 

The provision would require the National Research Council to 

submit an interim report no later than six months after entering 

into the agreement with the Secretary and a final report no later 

than one year after entering such agreement. 

The Senate amendment contained a similar provision (sec. 3117) that would authorize $750,000 for a similar study. 

The Senate recedes with an amendment which would require 

the Secretary of Energy to enter into an arrangement with the National Research Council of the National Academy of Sciences (NAS) 

to carry out a study of the plans of the Department of Energy to 

manage waste, from reprocessed spent nuclear fuel, which exceeds 

the concentration limits for Class C low-level waste set out in section 61.55 of title 10, Code of Federal Regulations (CFR). The waste 

that is the subject of the study is stored in tanks at the Savannah 

River Site, in South Carolina, the Idaho National Engineering and 

Environmental Laboratory (INEEL), in Idaho, and the Hanford 

Reservation, in Washington, and it is waste which DOE does not 

plan to dispose of in a repository for spent nuclear fuel and highlevel waste. 

The conferees note that the study shall evaluate the state of 

the Department’s understanding of the physical, chemical, and radiological characteristics of the waste. Additionally, the study 

should evaluate any actions, in addition to those contained in the 

Department’s current plans, which should be considered to ensure 

the plan’s compliance with the performance objectives of part 61 of 

title 10, Code of Federal Regulations. In addition, the study shall 

evaluate the adequacy of the Department’s plans for monitoring 

disposal sites to verify compliance with the performance objectives 

in part 61 of title 10, Code of Federal Regulations, any existing 

technology alternatives to these plans, and any existing technology 

gaps. 

The National Research Council may develop recommendations 

it considers appropriate and directly related to the subject matter 

of the study. The National Research Council shall submit the reports to the Secretary of Energy and the appropriate congressional 

committees. Of the amounts authorized for the Department of Energy, $1.5 million shall be available for carrying out this study. 

Compensation of Pajarito Plateau, New Mexico, homesteaders for 

acquisition of lands for Manhattan Project in World War II 

(sec. 3147) 

The Senate amendment contained a provision (sec. 3146) that 

would establish a fund to settle outstanding claims derived from 

the acquisition of land used in the Manhattan Project. The provision would authorize $10.0 million to settle claims for compensation by Pajarito Plateau homesteaders. 

The House bill contained no similar provision. 

The House recedes with an amendment that would require the 

United States District Court for the District of New Mexico to apVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00916 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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point a special master to identify class members, receive claims, resolve contests, and address such other matters the Court may 

order. The claims to be settled from the fund are the claims pending before the court as Civil Number 00–60. In addition, the provision would establish guidelines for settling claims using the fund. 

Following all determinations, the Special Master would be directed 

to award the allocated amounts from the fund after approval by the 

Court. The conferees intend this fund and the payments made from 

it constitute full and complete settlement of these claims. 

Modification of requirements relating to conveyances and transfer of 

certain land at Los Alamos National Laboratory, New Mexico 

(sec. 3148) 

The conferees agree to include a provision that would authorize 

the Department of Energy to transfer certain parcels of land at the 

Los Alamos National Laboratory in New Mexico to the Los Alamos 

County Public Schools in New Mexico. The conferees note the financial benefits realized through this land transfer will be used to 

facilitate economic development for the Los Alamos County Public 

Schools. 

Subtitle E—Energy Employees Occupational Illness Compensation 

Program 

Improvements to the Energy Employees Occupational Illness Compensation Program Act (sec. 3161–3170) 

The Senate amendment contained a series of provisions (sec. 

3151–3157) that would amend section 3621 of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) of 

2000 (Public Law 106–398). The primary changes that the provisions would make to the EEOICPA program would transfer claims 

processing under Part D of EEOICPA from the Department of Energy (DOE) to the Department of Labor (DOL), direct DOL to compute compensation payments and require DOL to make such compensation payments to the employees. 

The Senate amendment would allow covered DOE contractor 

employees to elect to proceed under State workers’ compensation 

systems or choose to receive compensation under EEOICPA Part D. 

The Senate amendment allowed covered DOE contractor employees who have been determined to be entitled to compensation 

and benefits for an occupational illness contracted in the performance of duty at a DOE facility under subtitle B of EEOICPA, to be 

treated as having contracted the occupational illness through exposure at DOE facilities for purposes of subtitle D. Employees not 

previously covered under subtitle B of EEOICPA would be determined to have contracted an illness through exposure at a DOE facility for purposes of subtitle D if (1) it is at least as likely as not 

that exposure to a toxic substance was a significant factor in aggravating, contributing to, or causing the illnesses; and (2) it is at 

least as likely as not that the exposure to such toxic substance was 

related to employment at a DOE facility. The Secretary of Labor 

would make such determinations. In making these determinations, 

the Secretary of Labor would be allowed to use physicians to assist 

in making such determinations. 

892

The amount of workers’ compensation to which covered DOE 

contractor employees or eligible survivors would be entitled would 

be determined under the appropriate State workers’ compensation 

system. Covered DOE contractor employees determined to be eligible for compensation for an occupational illness or covered illness 

under these provisions would also be furnished medical benefits. 

Covered DOE contractor employees would also be able to seek review by the Secretary of Labor of determinations concerning eligibility and levels of compensation decided against the employees. 

Attorney fees for assistance on a claim under this subtitle 

would be available for covered DOE contractor employees to the 

same extent that they are currently available under Subtitle B. 

The Senate amendment would transfer administration of subtitle D of EEOICPA to the Secretary of Labor, and direct the Secretary to work with the Secretary of Energy to transfer all applicable records, files and other data from DOE to DOL. 

The Senate amendment would also expand the coverage of individuals employed by atomic weapons employers (AWE) who were 

exposed to residual radiation after DOE related work at the AWE 

facility stopped. Additionally, the Director of the National Institute 

of Occupational Safety and Health (NIOSH) would update the 2000 

report on residual contamination of AWE facilities. 

The Senate amendment would establish in DOL a new Office 

of the Ombudsman to assist individuals in making claims under 

subtitle D of EEOICPA and direct the Secretary of Labor to prescribe regulations necessary to carry out these provisions. The provisions would also set forth a Sense of Congress that the Secretary 

of Energy should adopt a policy not to oppose any final positive determinations with respect to injured workers at DOE facilities and 

AWE facilities under a State workers’ compensation adjudication 

system unless such determinations are frivolous. The Senate 

amendment would also set forth findings that DOL establish a resource center in western New York to provide assistance to energy 

employees making claims under subtitle B of EEOICPA, and set 

forth the sense of the Senate that the Ombudsman should evaluate 

current assistance and recommend a site for a resource center. 

The Senate amendment also included provisions that would 

designate under specified circumstances certain former nuclear 

weapons program workers as members of the Special Exposure Cohort (SEC) under section 3621 of EEOICPA. Funding for all programs created, modified or expanded under these provisions would 

be subject to appropriations. 

The House bill contained no similar provision. 

The House recedes with an amendment. 

The conferees agree to repeal subtitle D of EEOICPA, establish 

a new compensation scheme and direct the Department of Labor 

(DOL) to administer the program. The new program would be established as subtitle E of EEOICPA. 

Under the new subtitle E of EEOICPA, covered DOE contractor employees would be compensated based on any impairment 

from a covered illness resulting from exposure to a toxic substance 

at a DOE facility. The employee would receive additional compensation if the impairment resulted in significant wage losses. 

The primary goal of the conferees was to create a simple, fair and 

893

uniform workers compensation system and avoid chronic delays 

and inefficiencies that workers currently encounter. Specifically, employees would receive $2,500 for every degree of 

impairment, resulting from a covered illness contracted by that employee through exposure to a toxic substance at a DOE facility. Additionally, the covered employee would be compensated for annual 

wage loss, defined as the average salary for the 36 months preceding the month the wage loss began, as follows: (1) $10,000 for 

each calendar year where the employee’s annual wage exceeded 50 

percent of the employee’s average annual wage at the DOE facility 

but did not exceed 75 percent of their average annual wage; or 

$15,000 for each calendar year where the employee’s annual wage 

did not exceed 50 percent of the employee’s average annual wage 

at the DOE facility. The wage losses must result from the covered 

illness as determined by DOL. 

The American Medical Association’s Guides to the Evaluation 

of Permanent Impairment should be used in making these determinations. On the other hand, as the Guides state ‘‘Impairment assessment is a necessary first step for determining disability.’’ [Emphasis in original] The new compensation regime that would be established in subtitle E of EEOICPA establishes a two part award—

one for impairment and one for work loss as a result of disability. 

As structured in subtitle E the two part award is a unique way to 

compensate employees for impairments as well as compensation 

based upon past and present earnings losses from disability. In 

some cases, particularly in cases involving illnesses to long exposure to toxic substances, there may be an illness for which the 

AMA Guides do not provide an impairment rating. As a result, 

each individual employee should be evaluated individually and the 

determination of impairment and work disability should be through 

a combination of the Guides and by physicians suitably trained and 

qualified. Because of the unique nature of the compensation under 

subtitle E, the conferees do not intend the use of the Guides in this 

context to establish a precedent for other federal compensation programs. 

The conferees also include a provision that would provide three 

categories of compensation for survivors of a covered DOE contractor employee. Under category one, the survivor would receive 

$125,000, if the Secretary of Labor determines that the employee 

would have been entitled to compensation under part E of 

EEOICPA and it is at least as likely as not that exposure to a toxic 

substance at a DOE facility was a significant factor in aggravating, 

contributing to, or causing death. Under category two, the survivor 

would receive $150,000, if he or she meets the criteria under category one, and the Secretary of Labor also determines that there 

was an aggregate period of not less than 10 years, before the employee attained normal retirement age, during which, as a result 

of any covered illness contracted by the employee through exposure 

of a toxic substance at a DOE facility, the employee’s annual wage 

did not exceed 50 percent of the average annual wage of the employee. Under category three, the survivor would receive $175,000, 

if he or she meets the criteria under category one, plus the Secretary of Labor also determines that there was an aggregate period 

of not less than 20 years, before the employee attained normal reVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00919 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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tirement age, during which, as a result of any covered illness contracted by the employee through exposure of a toxic substance at 

a DOE facility, the employee’s annual wage did not exceed 50 percent of the average annual wage of the employee. The survivor 

would be entitled to receive the highest category for which the survivor qualifies. The maximum aggregate benefit available under 

subtitle E of EEOICPA is $250,000. 

Radiation Exposure Compensation Act 

The conferees also agree to make compensation under subtitle 

E applicable to certain uranium employees under section 5 of the 

Radiation Exposure Compensation Act (RECA) (42 U.S.C. 2210 

note). Compensation for these employees would be determined on 

the same basis as it applies to a DOE contractor employee under 

section 3675 of subtitle E of EEOICPA. 

Office of the Ombudsman 

The conferees agree to include a provision similar to the Senate amendment to create an Office of the Ombudsman. The authority for the Office of the Ombudsman would expire three years after 

enactment. The conferees expect the Ombudsman to work with the 

Secretary of Labor to ensure the Ombudsman is technically proficient on subtitle E of EEOICPA to the maximum extent practicable before they begin conducting covered DOE contractor employee outreach. The conferees also expect the Ombudsman to 

make recommendations the Ombudsman considers appropriate for 

the improvement of the practices of DOL in administering subtitle 

E of EEOICPA. The conferees urge the Secretary to hire a director 

of the Office of the Ombudsman within 120 days of enactment. 

Administrative Provisions 

The conferees have included a series of provisions that deal 

with administrative and judicial review, physician services, medical 

benefits, attorneys fees, offsets, subrogation, exclusivity of remedy, 

treatment of payments, and administrative matters between DOL 

and DOE concerning records, files and other data. 

Compensation under subtitle E would be offset by any benefits 

an individual receives for the same covered illness through a State 

workers’ compensation system. The aggregate amount of compensation received on behalf of a covered employee under subtitle E, 

other than medical benefits, shall not exceed $250,000. 

The conferees believe the benefits available under subtitle E of 

EEOICPA are a fair and equitable alternative to the complexities 

and uncertainties that employees and their survivors may face in 

State workers’ compensation programs. If an election is made to 

proceed under subtitle E of EEOICPA, the covered DOE contractor 

employer and survivor will not be able to bring additional actions 

against the United States or the DOE contractor for covered illnesses. A covered DOE contractor employee or their survivor may 

choose to forego benefits under subtitle E of EEOICPA and instead 

seek compensation through a state workers compensation system, 

litigation or any other available compensation mechanisms. 

895

The benefits paid under subtitle E and the administrative costs 

of subtitle E will be treated for budget and accounting purposes as 

mandatory spending. 

The Secretary is required to establish a process for administrative appeals. In developing this process, the conferees urge the Secretary to consider other administrative appeals processes for similar programs. Determining whether an illness was caused by exposure to toxic substances can be complex. Therefore, the conferees 

urge the Secretary to consider an appeal process whereby claimants have an opportunity to have an adverse determination reviewed by an independent physician or physician panel. The conferees note that the Secretary has the authority to hire physician 

panels, and urge the Secretary to hire physicians with experience 

and competency in diagnosing illnesses caused by exposure to toxic 

substances in exercising this authority. 

The conferees note that included in the administrative provisions is a provision that would direct the Social Security Administration to make available to the Secretary of Labor earnings information necessary to carry out the requirements of subtitle E. The 

conferees expect that protections will be in place at DOL that will 

protect this information from unauthorized disclosure to the same 

extent the information was protected before being transferred to 

DOL. 

The conferees urge the Secretary, in consultation and coordination with the Secretary of Energy, to notify all applicants of the 

changes in the management of this program. The conferees recommend that the Secretary, through or in coordination with the Office of the Ombudsman, explain program changes, provide guidance 

on changes in the processing of claims, and provide a toll free ‘‘hotline’’ which claimants can call for assistance. 

Special Exposure Cohort 

The conferees are concerned that the administrative process for 

designating additional special exposure cohorts (SEC) is too slow 

and should be accelerated. Covered DOE contractor employees from 

the 1940s, 50s, 60s, and 70s whose occupational illness was caused 

through exposure to toxic substances while working in DOE contractor facilities should receive compensation under subtitle B of 

EEOICPA. Unfortunately many of the records or other data has 

been lost or destroyed. As a result of these delays, the conferees 

have included several provisions that would make improvements to 

subtitle B of EEOICPA in an effort to accelerate the process for 

designating additional SECs. First, the Secretary of Energy is directed to ensure that members and staff of the NIOSH Advisory 

Board have an opportunity to apply for necessary security clearances. The Secretary of Energy should process these applications 

within 180 days after receiving a completed application. In addition, the Secretary of Energy is directed, in accordance with law, 

to provide the Advisory Board access to any information that the 

Board considers relevant to carry out its responsibilities under 

EEOICPA, including Restricted Data. 

To ensure that applications to be a SEC member are processed 

promptly, new timelines have been included. Within 180 days of receipt of a petition for designation as members of a SEC, the DirecVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00921 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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tor of NIOSH must submit to the Advisory Board a recommendation on that petition, including all supporting documentation. During the 180 period when NIOSH is preparing the petition for review by the Advisory Board, NIOSH should identify all deficiencies 

in the petition within the first 30 days. When the President receives an affirmative recommendation from the Advisory Board to 

designate a class to the SEC, the President shall have a period of 

30 days in which to accept or reject the recommendation and notify 

Congress. If the President does not send a determination notice 

within 30 days, and if there is an affirmative Board recommendation, the class recommended to be a SEC will automatically become 

a SEC, subject to a 30 day notification period in Congress. 

In an effort to prevent further delays for petitions already 

filed, the Board would be directed to convene an emergency meeting if NIOSH completes the evaluation of a petition more than ten 

days before a regularly scheduled Board Meeting. This emergency 

authority shall expire on March 1, 2005. In addition, the President 

is directed to submit a report to Congress by March 15, 2005 providing a status update on all petitioners who filed by October 1, 

2004. The report should include, for each petition, the estimated 

time to complete consideration of the petition and any anticipated 

actions or circumstances that could preclude the Board from acting 

upon that petition before the end of fiscal year 2005. The conferees 

expect NIOSH to respond promptly throughout the process to ensure the petition and all supporting documentation is filed and 

processed correctly. 

The conferees are concerned that auditors hired to conduct an 

audit of NIOSH and the Advisory Board are having a difficult time 

getting information and maintaining an appropriate degree of independence. The conferees expect NIOSH to work to ensure these 

issues are addressed in future audits. 

Pursuant to a recommendation of the Comptroller General, in 

the September, 2004 Report (GAO–04958), to the extent the Secretary of Labor determines it useful and practicable, the Secretary 

of Labor shall direct the Director of NIOSH to prepare site profiles 

for a DOE facility based on records, files and other data provided 

by the Secretary of Energy. 

The conferees urge the Director of NIOSH to consult with DOE 

contract workers and their representatives in developing these site 

profiles, and to update site profiles as information becomes available. The conferees have also included a provision that would direct 

the Secretary of Health and Human Services to submit to Congress 

a report setting forth the time frames for completing the site profiles. 

Residual Radiation Exposure 

The conferees include the provisions from the Senate amendment that expand coverage under subtitle B to include workers exposed to residual radiation contamination. In addition, the provision would add a definition of the term radiation dose applicable 

to employees exposed to residual radiation. 

The conferees have also agreed to include a provision that 

would direct the director of NIOSH to update the 2003 residual radiation report. 

897

LEGISLATIVE PROVISIONS NOT ADOPTED

Annual report on expenditures for safeguards and security 

The Senate amendment contained a provision (sec. 3118) that 

would require the Secretary of Energy to submit an annual report 

describing the activities and costs of the safeguards and security 

program at the defense nuclear facilities across the Department of 

Energy (DOE). The Senate was concerned that the DOE was considering a change in budgeting for safeguards and security that 

would include these costs as part of the cost of each DOE program. 

The Senate was concerned that such an approach to budgeting, 

particularly during the two-year effort to comply with the new design basis threat, would mask the cost of these important requirements. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees are satisfied that the DOE will continue to include sufficient transparency in their budget request for safeguards 

and security in fiscal year 2006.

Authority to consolidate counterintelligence offices of Department of 

Energy and National Nuclear Security Administration within 

the National Nuclear Security Administration 

The Senate amendment contained a provision (sec. 3119) that 

would authorize the Secretary of Energy to consolidate the counterintelligence offices of the Department of Energy (DOE) and the National Nuclear Security Administration (NNSA) within NNSA. 

The House bill contained no similar provision. 

The Senate recedes. 

The conferees note that the NNSA was originally set up as a 

semi-autonomous agency, in large part, to ensure that there would 

be adequate focus and priority placed on counterintelligence activities. The conferees urge the counterintelligence offices at DOE and 

NNSA to work together to ensure security of both DOE and NNSA 

programs and facilities. 

Transfers and reprogrammings of National Nuclear Security Administration funds 

The House bill contains a provision (sec. 3131) that would direct the Administrator of the National Nuclear Security Administration (NNSA) to specifically submit notifications and requests for 

reprogramming directly to the congressional defense committees, 

with the only role of the Department of Energy (DOE) being for the 

Chief Financial Officer (CFO) to certify whether funds covered by 

the notice or request are available. 

The Senate amendment contained no similar provision. 

The House recedes. 

The conferees believe that there is a present need for better coordination between the Administrator of the NNSA and the CFO 

of DOE regarding budgetary actions. 

The National Defense Authorization Act for Fiscal Year 2000 

established the National Nuclear Security Administration (50 

U.S.C. 2401, otherwise known as the ‘‘NNSA Act’’). In passing this 

Act, Congress created the National Nuclear Security AdministraVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00923 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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tion as a semi-autonomous agency within the DOE. The mission of 

the NNSA is to enhance the national security through the military 

application of nuclear energy, to reduce global danger from weapons of mass destruction, and to promote international nuclear safety. The cornerstone of this Act is to provide significant autonomy 

to the NNSA. 

Among the various functions assigned in the Act, the NNSA 

Administrator has authority over, and is responsible for, all programs and activities of the NNSA, including budget formulation, 

guidance and execution, and other financial matters (50 U.S.C. 

2402). The NNSA Act also provides for separate treatment of 

NNSA’s budget request in the President’s budget (50 U.S.C. 2451) 

and for the Administrator to establish procedures for planning, programming, budgeting, and financial activities (50 U.S.C. 2452). 

Congress’ intent was to provide autonomy for the NNSA in numerous functions, including all those functions associated with budget 

formulation and execution. 

The conferees are deeply concerned that the overall management of the NNSA budget process may not be carried out in accordance with the full intent of the NNSA Act and that current processes have caused unnecessary delays in budget actions. Accordingly, the Secretary of Energy and the Administrator are directed, 

within 60 days of enactment of this Act, to develop a process that 

streamlines all NNSA-related budgetary actions including, but not 

limited to reprogramming requests to Congress, and that is in full 

compliance with the NNSA Act. This process should establish realistic deadlines for DOE and NNSA to complete budget-related actions, such as reprogrammings. The Secretary and the Administrator shall submit a report to the congressional defense committees by March 1, 2005 outlining the deadlines for budget-related actions that were established. Commencing on March 1, 2006, and 

annually thereafter on March 1, the Secretary and the Administrator shall submit a report to the congressional defense committees assessing the Department’s and National Nuclear Security Administration’s performance in meeting these deadlines, and if applicable, the reasons for failing to meet the established deadlines. 

Additional amount for defense site acceleration completion 

The House bill contained a provision (sec. 3134) that would authorize $50.0 million for defense site acceleration completion. 

The Senate amendment contained no similar provision. 

The House recedes. 

Improvements to Energy Employees Occupational Illness Compensation Program 

The House bill contained a provision (sec. 3135) that would 

amend section 3661 of the Energy Employees Occupational Illness 

Compensation Program Act of 2000 (42 U.S.C. 785) by requiring 

the Secretary of Health and Human Services to select individuals 

to serve as panel members based on experience and competency in 

diagnosing occupational illness. 

The Senate amendment contained a similar provision (sec. 

3143) that would amend section 3661 of the National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398), part D 

899

of the Energy Employees Occupational Illness Program Act 

(EEOICPA). The provision would eliminate the following three restrictions: (1) the pay cap on physicians serving on part D physicians panels; (2) the requirement that the part D physicians work 

only on a temporary or intermittent basis; and (3) the requirement 

for agreements between DOE and States. 

The conferees agree not to adopt either provision. 

(901)

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 

BOARD 

LEGISLATIVE PROVISIONS ADOPTED

Defense Nuclear Facilities Safety Board (sec. 3201) 

The House bill contained a provision (sec. 3201) that would au- thorize $21.3 million for the Defense Nuclear Facilities Safety 

Board for fiscal year 2005, an increase of $1.0 million to fund costof-living pay increases for permanent staff and to hire outside consultants as needed for technical oversight of new Department of 

Energy projects. 

The Senate amendment contained an identical provision (sec. 

3201). 

The conference agreement includes this provision. 

(903)

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 

LEGISLATIVE PROVISIONS ADOPTED

Authorized Uses of National Defense Stockpile Funds (sec. 3301) 

The House bill contained a provision (sec. 3301) that would au- thorize $59.7 million from the National Defense Stockpile Transaction Fund for the operation and maintenance of the National Defense Stockpile for fiscal year 2005. The provision would also permit the use of additional funds for extraordinary or emergency conditions 45 days after a notification to the Congress. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Revision of earlier authority to dispose of certain materials in National Defense Stockpile (sec. 3302) 

The Senate amendment included a provision (sec. 3302) relative to revenue requirements for certain previously authorized disposals from the National Defense Stockpile to establish a new requirement of $870.0 million by the end of fiscal year 2014. 

The House bill included a similar provision (sec. 3303) that 

would set revenue requirements for those same disposals of at least 

$785.0 million by the end of fiscal year 2005 and $870.0 million by 

the end of fiscal year 2009. 

The Senate recedes. 

Disposal of ferromanganese (sec. 3303) 

The House bill contained a provision (sec. 3302) that would 

amend section 3306 of the National Defense Authorization Act for 

Fiscal Year 2002 (Public Law 107–107), to authorize the Secretary 

of Defense to dispose of 100,000 short tons of high carbon 

ferromanganese of the highest grade during fiscal year 2005. 

The Senate amendment contained a similar provision (sec. 

3301) that would authorize the Secretary to dispose of up to 50,000 

tons of high carbon ferromanganese during fiscal year 2005. The 

provision would also authorize the disposal of an additional 50,000 

tons of high carbon ferromanganese during fiscal year 2005, at 

25,000 ton increments, subject to the Secretary, in consultation 

with the Secretary of Commerce, providing certifications to the congressional defense committees 30 days before the release of each 

increment. 

The House recedes with an amendment that would authorize 

the Secretary of Defense to dispose of up to 50,000 tons of high carbon ferromanganese during fiscal year 2005. The provision would 

also authorize the disposal of an additional 50,000 tons of high carbon ferromanganese during fiscal year 2005, at 25,000 ton increments, subject to the Secretary of Defense certifying to the Committees on Armed Services of the Senate and the House of RepVerDate jul 14 2003 06:25 Oct 15, 2004 Jkt 096273 PO 00000 Frm 00929 Fmt 6601 Sfmt 6601 E:\HR\OC\HR767.XXX HR767
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resentatives not later than 30 days before commencement of disposal of a 25,000 ton increment the following: the disposal of 

ferromanganese is in the interest of national defense; the disposal 

of ferromanganese under such paragraph will not cause undue disruption to the usual markets of ferromanganese producers or processors of the United States; and the disposal of ferromanganese is 

consistent with the requirements of the National Defense Stockpile 

under the Strategic and Critical Material Stock Piling Act (50 

U.S.C. et seq.). 

Prohibition on storage of mercury at certain facilities (sec. 3304) 

The Senate amendment contained a provision (sec. 3303) that 

would prohibit the Secretary of Defense from storing mercury from 

the National Defense Stockpile at any facility that is not owned or 

leased by the United States. 

The House bill contained no similar provision. 

The House recedes with an amendment that would prohibit the 

Secretary from storing mercury from the National Defense Stockpile at any facility that is not owned or leased by the United States 

in fiscal year 2005.

(905)

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

LEGISLATIVE PROVISIONS ADOPTED

Authorization of appropriations (sec. 3401) 

The House bill contained a provision (sec. 3401) that would au- thorize $20.0 million for the operation and maintenance of the 

Naval Petroleum and Oil Shale Reserves. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

(907)

TITLE XXXV—MARITIME ADMINISTRATION 

LEGISLATIVE PROVISIONS ADOPTED

Authorization of appropriations for Maritime Administration (sec. 

3501) 

The House bill contained a provision (sec. 3501) that would authorize funds to be appropriated for the Maritime Administration 

for expenses necessary for operations and training activities, for administrative activities under the loan guarantee program, and for 

ship disposal. 

The Senate amendment contained no similar provision. 

The Senate recedes. 

Extension of authority to provide war risk insurance for Merchant 

Marine vessels (sec. 3502) 

The House bill contained a provision (sec. 3502) that would 

amend section 1214 of the Merchant Marine Act, 1936 (46 U.S.C. 

App. 1294) to extend the authority to provide war risk insurance 

for Merchant Marine vessels from June 30, 2005 to December 31, 

2010. The provision would also amend section 1208(a) of the same 

Act (46 U.S.C. App. 1288), allowing the Secretary of Transportation 

to request the Secretary of the Treasury to invest such portion of 

the fund that is not, in the judgement of the Secretary of Transportation, required to meet the current needs of the fund. 

The Senate amendment contained a similar provision (sec. 

1066), which would have extended the authority to provide war 

risk insurance to December 31, 2008, and would have allowed similar investments of a portion of the fund. 

The Senate recedes. 

Modification of priority afforded applications for national defense 

tank vessel construction assistance (sec. 3503) 

The Senate amendment contained a provision (sec. 2901) that 

would amend section 3542(d)(2) of the Maritime Security Act of 

2003 (title XXXV of Public Law 108–136). The amendment would 

require the Secretary of Transportation to give priority consideration to a proposal for national defense tank vessels if they had 

been accepted for participation in the Shipboard Technology Evaluation Program (STEP) as outlined in Navigation and Vessel Inspection Circular 01–04, issued by the Commandant of the U.S. 

Coast Guard on January 2, 2004. 

The House bill contained no similar provision. 

The House recedes with an amendment that would allow the 

Secretary of Transportation to give priority to subsidy proposals received after fiscal year 2005 if the vessels, which are to be constructed, have been selected to participate in the STEP.

(909)

TITLE XXXVI—ASSISTANCE TO FIREFIGHTERS 

LEGISLATIVE PROVISIONS ADOPTED

Assistance to Firefighters (secs. 3601–3603) 

The Senate amendment contained several provisions (sec. 

3501–3513) that would reauthorize the Department of Homeland 

Security’s Assistance to Firefighters Grant Program for fiscal years 

2005 through 2010. The provision would also authorize the Secretary of Homeland Security, in consultation with the U.S. Fire Administrator, to administer the grant program; expand eligibility for 

the Assistance to Firefighters Grant Program to volunteer emergency medical service (EMS) organizations; reduce the matching requirements for jurisdictions with populations less than 20,000; set 

caps on assistance to jurisdictions based on population; and authorize $900.0 million for the program in fiscal year 2005; $950.0 million for fiscal year 2006; and $1.0 billion for each of fiscal years 

2007 through 2010. 

The House bill contained no similar provision. 

The House recedes with an amendment that would place the 

Director of the Federal Emergency Management Agency, acting 

through the U.S. Fire Administrator, in charge of administration of 

the program. Further, the amendment would create a funding floor 

for grants to EMS organizations, but set a funding ceiling for EMS 

organizations that are not affiliated with fire departments. The 

amendment would include reduced matching requirements for jurisdictions with populations less than 50,000, and modify the caps 

on assistance to jurisdictions based on population. The amendment 

would authorize $900.0 million for fiscal year 2005; $950.0 million 

for fiscal year 2006; and $1.0 billion for each of fiscal years 2007 

through 2009. 

The conferees are concerned about the number of firefighters 

suffering fatal heart attacks each year while on duty. The conferees 

direct the director to work to reduce the number of on-duty firefighter fatalities by promoting life-saving policies, training, and 

equipment, including Automated External Defibrillator devices. As 

a part of this effort, the director is encouraged to examine the feasibility of prioritizing life-saving training and equipment in grant 

evaluation criteria.

From the Committee on Armed Services, for consideration 

of the House bill and the Senate amendment, and modifications committed to conference: 

DUNCAN HUNTER, CURT WELDON, 

JOEL HEFLEY, 

JIM SAXTON, 

JOHN M. MCHUGH, 

910

TERRY EVERETT, ROSCOE G. BARTLETT, HOWARD P. ‘‘BUCK’’ MCKEON, MAC THORNBERRY, JOHN N. HOSTETTLER, JIM RYUN, JIM GIBBONS, ROBIN HAYES, KEN CALVERT, ROB SIMMONS, IKE SKELTON, JOHN M. SPRATT, JR. 

SOLOMON P. ORTIZ, 

LANE EVANS, 

NEIL ABERCROMBIE, 

MARTIN T. MEEHAN, 

SILVESTRE REYES, 

VIC SNYDER, JIM TURNER, 

ADAM SMITH, 

LORETTA SANCHEZ, BARON P. HILL, From the Permanent Select Committee on Intelligence, for 

consideration of matters within the jurisdiction of that 

committee under clause 11 of rule X: 

PETE HOEKSTRA, RAY LAHOOD, JANE HARMAN, From the Committee on Agriculture, for consideration of 

sec. 1076 of the Senate amendment, and modifications 

committed to conference: 

BOB GOODLATTE, 

MAX BURNS, CHARLES W. STENHOLM,

From the Committee on Education and the Workforce, for 

consideration of secs. 590, 595, 596, 904, and 3135 of the 

House bill, and secs. 351, 352, 532, 533, 707, 868, 1079, 

3143, and 3151–3157 of the Senate amendment, and modifications committed to conference: 

SAM JOHNSON, 

TIMOTHY H. BISHOP, 

From the Committee on Government Reform, for consideration of secs. 801, 806, 807, 825, 1061, 1101–1104, 2833, 

2842, and 2843 of the House bill, and secs. 801, 805, 832, 

851, 852, 869, 870, 1034, 1059B, 1091, 1101, 1103–1107, 

1110, 2823, 2824, 2833, and 3121 of the Senate amendment, and modifications committed to conference: 

TOM DAVIS, 

From the Committee on House Administration, for consideration of secs. 572 and 1065 of the Senate amendment, 

and modifications committed to conference: 

ROBERT W. NEY, VERNON J. EHLERS, 

JOHN B. LARSON, 

911

From the Committee on International Relations, for consideration of secs. 811, 1013, 1031, 1212, 1215, Title XIII, 

secs. 1401–1405, 1411, 1412, 1421, and 1422 of the House 

bill, and secs. 1014, 1051–1053, 1058, 1059A, 1059B, 1070, 

Title XII, secs. 3131 and 3132 of the Senate amendment, 

and modifications committed to conference: 

HENRY J. HYDE, JAMES A. LEACH, From the Committee on the Judiciary, for consideration of 

secs. 551, 573, 616, 652, 825, 1075, 1078, 1105, 2833, 2842, 

and 2843 of the House bill, and secs. 620, 842, 1063, 1068, 

1074, 1080–1082, 1101, 1106, 1107, 2821, 2823, 2824, 

3143, 3146, 3151–3157, 3401–3410 of the Senate amendment, and modifications committed to conference: 

F. JAMES SENSENBRENNER, Jr., 

LAMAR S. SMITH, 

From the Committee on Resources, for consideration of 

secs. 601 and 2834 of the House bill, and sec. 1076 of the 

Senate amendment, and modifications committed to conference: 

GREG WALDEN, JAY INSLEE, From the Committee on Science, for consideration of sec. 

596 of the House bill and secs. 1034, 1092, and Title XXXV 

of the Senate amendment, and modifications committed to 

conference: 

SHERWOOD BOEHLERT, NICK SMITH, BART GORDON,

From the Committee on Small Business, for consideration 

of secs. 807 and 3601 of the House bill, and secs. 805, 822, 

823, 912, and 1083 of the Senate amendment, and modifications committed to conference: 

DONALD A. MANZULLO,

SUE W. KELLY, From the Committee on Transportation and Infrastructure, for consideration of secs. 555, 558, 596, 601, 905, 

1051, 1063, 1072, and 3502 of the House bill, and sec. 321, 

323, 325, 717, 1066, 1076, 1091, 2828, 2833–2836, and 

Title XXXV of the Senate amendment, and modifications 

committed to conference: 

DON YOUNG,

JOHN J. DUNCAN, Jr., 

MICHAEL E. CAPUANO,

From the Committee on Veterans’ Affairs, for consideration of secs. 2810 and 2831 of the House bill, and secs. 

642, 2821, and 2823 of the Senate amendment, and modifications committed to conference: 

CHRISTOPHER H. SMITH, From the Committee on Ways and Means, for consideration of sec. 585 of the House bill, and sec. 653 of the Senate amendment, and modifications committed to conference: 

E. CLAY SHAW, Jr., 

912

DAVE CAMP, Managers on the Part of the House.

JOHN W. WARNER,

JOHN MCCAIN,

PAT ROBERTS,

WAYNE ALLARD,

JEFF SESSIONS,

SUSAN M. COLLINS,

JOHN ENSIGN,

JAMES M. TALENT,

SAXBY CHAMBLISS,

LINDSEY O. GRAHAM,

ELIZABETH DOLE,

JOHN CORNYN,

CARL LEVIN,

EDWARD M. KENNEDY,

ROBERT C. BYRD,

JOSEPH LIEBERMAN,

JACK REED,

DANIEL K. AKAKA,

BILL NELSON,

BEN NELSON,

MARK DAYTON,

EVAN BAYH,

HILLARY RODHAM CLINTON,

MARK PRYOR,

Managers on the Part of the Senate.

Æ