II

June 23 (legislative day, June 22), 2004

Ordered to be printed as passed

108TH CONGRESS

2D SESSION S. 2400

AN ACT

To authorize appropriations for fiscal year 2005 for military

activities of the Department of Defense, for military

construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for

such fiscal year for the Armed Forces, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Ronald W. Reagan

5 National Defense Authorization Act for Fiscal Year

6 2005’’.
 †

2

S 2400 PP

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

2 CONTENTS.

3 (a) DIVISIONS.—This Act is organized into three divi4 sions as follows:

5 (1) Division A—Department of Defense Au6 thorizations.

7 (2) Division B—Military Construction Author8 izations.

9 (3) Division C—Department of Energy Na10 tional Security Authorizations and Other Authoriza11 tions.

12 (b) TABLE OF CONTENTS.—The table of contents for

13 this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Subtitle B—Army Programs

Sec. 111. Light utility helicopter program.

Sec. 112. Up-armored high mobility multi-purpose wheeled vehicles or wheeled

vehicle ballistic add-on armor protection.

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

vehicles.

Subtitle C—Navy Programs

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

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

howitzer program.
†

3

S 2400 PP

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

overhaul and conversion.

Subtitle D—Air Force Programs

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

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

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

Subtitle E—Other Matters

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

Sec. 142. Report on maturity and effectiveness of the Global Information Grid

Bandwidth Expansion (GIG–BE) Network.

TITLE II—RESEARCH, DEVELOPMENT, TEST AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for science and technology.

Subtitle B—Program Requirements, Restrictions, and

Limitations

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

Sec. 212. Global Positioning System III satellite.

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

Sec. 214. Joint Unmanned Combat Air Systems program.

Sec. 215. Joint Strike Fighter Aircraft program.

Sec. 216. Joint experimentation.

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

Sec. 218. Neurotoxin mitigation research.

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

Sec. 220. Advanced ferrite antenna.

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

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

Subtitle C—Ballistic Missile Defense

Sec. 231. Fielding of ballistic missile defense capabilities.

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

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

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

Subtitle D—Other Matters

Sec. 241. Annual report on submarine technology insertion.

Sec. 242. Sense of the Senate regarding funding of the advanced shipbuilding

enterprise under the national shipbuilding research program of

the Navy.
†

4

S 2400 PP

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Other Department of Defense programs.

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

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 311. Commander’s Emergency Response Program.

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

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

Subtitle C—Environmental Provisions

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

Environmental Restoration Program.

Sec. 322. Reimbursement of Environmental Protection Agency for certain costs

in connection with Moses Lake Wellfield Superfund Site, Moses

Lake, Washington.

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

of the Department of Defense.

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

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

Royal, Virginia.

Sec. 326. Comptroller General study and report on alternative technologies to

decontaminate groundwater at Department of Defense installations.

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

water.

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

Leishmaniasis.

Sec. 329. Report regarding encroachment issues affecting Utah Test and

Training Range, Utah.

Subtitle D—Depot-Level Maintenance and Repair

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

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

Sec. 333. Extension of special treatment for certain expenditures incurred in

the operation of centers of industrial and technical excellence.

Subtitle E—Extensions of Program Authorities

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

benefit.

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

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

Subtitle F—Defense Dependents Education
†

5

S 2400 PP

Sec. 351. Assistance to local educational agencies that benefit dependents of

members of the Armed Forces and Department of Defense civilian employees.

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

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

Subtitle G—Other Matters

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

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

functions.

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

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

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

Sec. 366. Media coverage of the return to the United States of the remains of

deceased members of the Armed Forces from overseas.

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

in combat.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Additional authority for increases of Army active duty personnel end

strengths for fiscal years 2005 through 2009.

Sec. 403. Exclusion of service academy permanent and career professors from

a limitation on certain officer grade strengths.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

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

Subtitle C—Authorizations of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

Sec. 422. Armed Forces Retirement Home.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Joint Officer Personnel Management

Sec. 501. Modification of conditions of eligibility for waiver of joint duty credit

requirement for promotion to general or flag officer.

Sec. 502. Management of joint specialty officers.

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

Sec. 504. Length of joint duty assignments.

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

Sec. 506. Revised definitions applicable to joint duty.
†

6

S 2400 PP

Subtitle B—Other Officer Personnel Policy

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

Sec. 512. Eligibility of Navy staff corps officers to serve as Deputy Chiefs of

Naval Operations and Assistant Chiefs of Naval Operations.

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

Sec. 514. Limitation on number of officers frocked to major general and rear

admiral (upper half).

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

Subtitle C—Reserve Component Personnel Policy

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

reserves to active duty.

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

Subtitle D—Education and Training

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

Sec. 532. Military recruiter equal access to campus.

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

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

Sec. 535. Repeal of requirement for officer to retire upon termination of service

as Superintendent of the Air Force Academy.

Subtitle E—Decorations, Awards, and Commendations

Sec. 541. Award of medal of honor to individual interred in the Tomb of the

Unknowns as representative of casualties of a war.

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

Operation Iraqi Freedom.

Sec. 543. Plan for revised criteria and eligibility requirements for award of

combat infantryman badge and combat medical badge for service in Korea after July 28, 1953.

Subtitle F—Military Justice

Sec. 551. Reduced blood alcohol content limit for offense of drunken operation

of a vehicle, aircraft, or vessel.

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

a trial.

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

Forces.

Subtitle G—Scope of Duties of Ready Reserve Personnel in

Inactive Duty Status
†

7

S 2400 PP

Sec. 561. Redesignation of inactive-duty training to encompass operational and

other duties performed by Reserves while in inactive duty status.

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

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

training.

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

duty.

Subtitle H—Other Matters

Sec. 571. Accession of persons with specialized skills.

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

United States.

Sec. 573. Renaming of National Guard Challenge Program and increase in

maximum Federal share of cost of State programs under the

program.

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

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

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

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

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

Subtitle B—Bonuses and Special and Incentive Pays

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

reserve forces.

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

certain health care professionals.

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

officers.

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

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

Sec. 616. Assignment incentive pay.

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

Sec. 618. Eligibility of enlisted members to qualify for critical skills retention

bonus while serving on indefinite reenlistment.

Sec. 619. Clarification of educational pursuits qualifying for Selected Reserve

Education Loan Repayment Program for health professions officers.

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

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

separation allowance, and certain Federal assistance.
†

8

S 2400 PP

Subtitle C—Travel and Transportation Allowances

Sec. 631. Travel and transportation allowances for family members to attend

burial ceremonies of members who die on duty.

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

Subtitle D—Retired Pay and Survivor Benefits

Sec. 641. Special rule for computing the high-36 month average for disabled

members of reserve components.

Sec. 642. Death benefits enhancement.

Sec. 643. Repeal of phase-in of concurrent receipt of retired pay and veterans’

disability compensation for veterans with service-connected disabilities rated as 100 percent.

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

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

1, 2005.

Subtitle E—Other Matters

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

Sec. 652. Eligibility of members for reimbursement of expenses incurred for

adoption placements made by foreign governments.

Sec. 653. Acceptance of frequent traveler miles, credits, and tickets to facilitate

the air or surface travel of certain members of the Armed

Forces and their families.

Sec. 654. Child care for children of members of Armed Forces on active duty

for Operation Enduring Freedom or Operation Iraqi Freedom.

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

TITLE VII—HEALTH CARE

Subtitle A—Enhanced Benefits for Reserves

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

Sec. 702. Permanent earlier eligibility date for TRICARE benefits for members

of reserve components.

Sec. 703. Waiver of certain deductibles for members on active duty for a period

of more than 30 days.

Sec. 704. Protection of dependents from balance billing.

Sec. 705. Permanent extension of transitional health care benefits and addition

of requirement for preseparation physical examination.

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

program.

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

Subtitle B—Other Matters

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

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

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

9

S 2400 PP

Sec. 714. Services of marriage and family therapists.

Sec. 715. Chiropractic health care benefits advisory committee.

Sec. 716. Grounds for Presidential waiver of requirement for informed consent

or option to refuse regarding administration of drugs not approved for general use.

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

disability benefits.

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

Sec. 719. Temporary authority for waiver of collection of payments due for

CHAMPUS benefits received by disabled persons unaware of

loss of CHAMPUS eligibility.

Sec. 720. Vaccine Healthcare Centers Network.

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

and incest

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Policy and Management

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

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

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

Client Support Centers.

Sec. 804. Defense commercial satellite services procurement process.

Sec. 805. Revision and extension of authority for advisory panel on review of

government procurement laws and regulations.

Subtitle B—General Contracting Authorities, Procedures, and

Limitations, and Other Matters

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

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

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

commercial items.

Sec. 814. Delegations of authority to make determinations relating to payment

of defense contractors for business restructuring costs.

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

Sec. 816. Sense of the Senate on effects of cost inflation on the value range

of the contracts to which a small business contract reservation

applies.

Subtitle C—Extensions of Temporary Program Authorities

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

Sec. 822. Extension of Mentor-Protege program.

Sec. 823. Extension of test program for negotiation of comprehensive small

business subcontracting plans.

Sec. 824. Extension of pilot program on sales of manufactured articles and

services of certain Army industrial facilities.

Subtitle D—Industrial Base Matters
†

10

S 2400 PP

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

Base.

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

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

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

industrial base.

Subtitle E—Defense Acquisition and Support Workforce

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

Sec. 842. Defense acquisition workforce improvements.

Subtitle F—Public-Private Competitions

Sec. 851. Public-private competition for work performed by civilian employees

of the Department of Defense.

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

Sec. 853. Competitive sourcing reporting requirement.

Subtitle G—Other Matters

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

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

Sec. 863. Applicability of competition exceptions to eligibility of National Guard

for financial assistance for performance of additional duties.

Sec. 864. Management plan for contractor security personnel.

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

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

Sec. 867. Contractor performance of acquisition functions closely associated

with inherently governmental functions.

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

Sec. 869. Energy savings performance contracts.

Sec. 870. Availability of Federal supply schedule supplies and services to

United Service Organizations, incorporated.

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

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Subtitle A—Reserve Components

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

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

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

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

Sec. 905. Authority to redesignate the Naval Reserve.

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

Subtitle B—Other Matters
†

11

S 2400 PP

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

and Engineering.

Sec. 912. Directors of Small Business Programs.

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

Sec. 914. United States Military Cancer Institute.

Sec. 915. Authorities of the Judge Advocates General.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

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

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

Sec. 1004. Defense business systems investment management.

Sec. 1005. Uniform funding and management of service academy athletic and

recreational extracurricular programs.

Sec. 1006. Authorization of appropriations for a contingent emergency reserve

fund for operations in Iraq and Afghanistan.

Subtitle B—Naval Vessels and Shipyards

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

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

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

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

Subtitle C—Reports

Sec. 1021. Report on contractor security in Iraq.

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

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

Sec. 1024. Report on training provided to members of the Armed Forces to

prepare for post-conflict operations.

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

test ranges.

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

Postal System.

Sec. 1027. Report on establishing national centers of excellence for unmanned

aerial and ground vehicles.

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

Freedom.

Sec. 1029. Comptroller General analysis of use of transitional benefit corporations in connection with competitive sourcing of performance of

Department of Defense activities and functions.

Sec. 1029A. Comptroller General study of programs of transition assistance for

personnel separating from the Armed Forces.

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

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

active duty service.

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

terrorism.

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

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

12

S 2400 PP

Subtitle D—Matters Relating to Space

Sec. 1031. Space posture review.

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

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

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

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

Subtitle E—Defense Against Terrorism

Sec. 1041. Temporary acceptance of communications equipment provided by

local public safety agencies.

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

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

contamination.

Subtitle F—Matters Relating to Other Nations

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

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

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

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

and development programs.

Sec. 1055. Compensation for former prisoners of war.

Sec. 1056. Drug eradication efforts in Afghanistan.

Sec. 1057. Humane treatment of detainees.

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

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

weapons of mass destruction.

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

Sec. 1059B. Redesignation and modification of authorities relating to Inspector

General of the coalition provisional authority.

Sec. 1059C. Treatment of foreign prisoners.

Subtitle G—Other Matters

Sec. 1061. Technical amendments relating to definitions of general applicability

in title 10, United States Code.

Sec. 1062. Two-year extension of authority of Secretary of Defense to engage

in commercial activities as security for intelligence collection

activities abroad.

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

Sec. 1064. Licensing of intellectual property.

Sec. 1065. Delay of electronic voting demonstration project.

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

Sec. 1067. Repeal of quarterly reporting requirement concerning payments for

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

Sec. 1068. Receipt of pay by reserves from civilian employers while on active

duty in connection with a contingency operation.
†

13

S 2400 PP

Sec. 1069. Protection of Armed Forces personnel from retaliatory actions for

communications made through the chain of command.

Sec. 1070. Missile defense cooperation.

Sec. 1071. Policy on nonproliferation of ballistic missiles.

Sec. 1072. Reimbursement for certain protective, safety, or health equipment

purchased by or for members of the Armed Forces for deployment in operations in Iraq and central Asia.

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

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

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

Sec. 1076. Aerial firefighting equipment.

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

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

Sec. 1079. Reduction of barriers for Hispanic-serving institutions in defense

contracts, defense research programs, and other minority-related defense programs.

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

Sec. 1081. Contractor accountability.

Sec. 1082. Definition of United States.

Sec. 1083. Mentor-protege pilot program.

Sec. 1084. Broadcast Decency Enforcement Act of 2004.

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

Sec. 1086. Assessment of effectiveness of current rating system for violence and

effectiveness of V-chip in blocking violent programming.

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

Sec. 1088. Separability.

Sec. 1089. Effective Date.

Sec. 1090. Pilot program on cryptologic service training.

Sec. 1091. Energy savings performance contracts.

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

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

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN

PERSONNEL POLICY

Sec. 1101. Science, mathematics, and research for transformation (SMART)

defense scholarship pilot program.

Sec. 1102. Foreign language proficiency pay.

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

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

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

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

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

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

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

14

S 2400 PP

Sec. 1110. Nonreduction in pay while Federal employee is performing active

service in the uniformed services or National Guard.

TITLE XII—COOPERATIVE THREAT REDUCTION WITH

STATES OF THE FORMER SOVIET UNION

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

Sec. 1202. Funding allocations.

Sec. 1203. Modification and waiver of limitation on use of funds for chemical

weapons destruction facilities in Russia.

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

TITLE XIII—MEDICAL READINESS TRACKING AND HEALTH

SURVEILLANCE

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

Sec. 1302. Medical readiness of Reserves.

Sec. 1303. Baseline Health Data Collection Program.

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

operations.

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

Sec. 1306. Environmental hazards.

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

Sec. 1308. Full implementation of Medical Readiness Tracking and Health

Surveillance Program and Force Health Protection and Readiness Program.

Sec. 1309. Other matters.

Sec. 1310. Use of civilian experts as consultants.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Modification of authority to carry out certain fiscal year 2004

projects.

Sec. 2106. Modification of authority to carry out certain fiscal year 2003

project.

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

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

projects.

TITLE XXIII—AIR FORCE
†

15

S 2400 PP

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Improvements to military family housing units.

Sec. 2403. Energy conservation projects.

Sec. 2404. Authorization of appropriations, Defense Agencies.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land acquisition

projects.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be specified

by law.

Sec. 2702. Extension of authorizations of certain fiscal year 2002 projects.

Sec. 2703. Extension of authorization of certain fiscal year 2001 project.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

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

projects.

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

projects.

Sec. 2803. Additional reporting requirements relating to alternative authority

for acquisition and improvement of military housing.

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

Subtitle B—Real Property and Facilities Administration

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

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

components.

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

to obtain new reserve component facilities and lands.

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

defense base closure and realignment.
†

16

S 2400 PP

Subtitle C—Land Conveyances

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

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

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

Sec. 2824. Land conveyance, Hampton, Virginia.

Sec. 2825. Land conveyance, Seattle, Washington.

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

of Columbia.

Sec. 2827. Land conveyance, Honolulu, Hawaii.

Sec. 2828. Land conveyance, Portsmouth, Virginia.

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

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

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

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

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

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

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

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

Subtitle D—Other Matters

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

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

Chemical Depot, Oregon.

Sec. 2843. Development of heritage center for the National Museum of the

United States Army.

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

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

stores.

TITLE XXIX—MARITIME ADMINISTRATION

Sec. 2901. Modification of priority afforded applications for national defense

tank vessel construction assistance.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.
†

17

S 2400 PP

Subtitle B—Program Authorizations, Restrictions, and

Limitations

Sec. 3111. Limitation on availability of funds for Modern Pit Facility.

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

Concepts Initiative.

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

deadline.

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

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

stockpile.

Sec. 3116. Defense site acceleration completion.

Sec. 3117. National Academy of Sciences study.

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

Sec. 3119. Authority to consolidate counterintelligence offices of Department of

Energy and National Nuclear Security Administration within

National Nuclear Security Administration.

Sec. 3120. Treatment of waste material.

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

Sec. 3122. Report on maintenance of retirement benefits for certain workers at

2006 closure sites after closure of sites.

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

understand plutonium aging.

Subtitle C—Proliferation Matters

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

Sec. 3132. Acceleration of removal or security of fissile materials, radiological

materials, and related equipment at vulnerable sites worldwide.

Subtitle D—Other Matters

Sec. 3141. Indemnification of Department of Energy contractors.

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

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

Sec. 3144. Support for public education in the vicinity of Los Alamos National

Laboratory, New Mexico.

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

competitive contract.

Sec. 3146. Compensation of Pajarito Plateau, New Mexico, homesteaders for

acquisition of lands for Manhattan Project in World War II.

Subtitle E—Energy Employees Occupational Illness

Compensation Program

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

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

Sec. 3163. Workers compensation.
†

18

S 2400 PP

Sec. 3164. Termination of effect of other enhancements of Energy Employees

Occupational Illness Compensation Program.

Sec. 3165. Sense of Senate on resource center for energy employees under Energy Employee Occupational Illness Compensation Program in

Western New York and Western Pennsylvania region.

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

Sec. 3167. Inclusion of certain former nuclear weapons program workers in

special exposure cohort under the Energy Employees Occupational Illness Compensation Program.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Disposal of ferromanganese.

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

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

TITLE XXXIV—LOCAL LAW ENFORCEMENT ENHANCEMENT

ACT

Sec. 3401. Short Title.

Sec. 3402. Findings.

Sec. 3403. Definition of hate crime.

Sec. 3404. Support for criminal investigations and prosecutions by State and

local law enforcement officials.

Sec. 3405. Grant Program.

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

enforcement.

Sec. 3407. Prohibition of certain hate crime acts.

Sec. 3408. Duties of Federal Sentencing Commission.

Sec. 3409. Statistics.

Sec. 3410. Severability.

TITLE XXXV—ASSISTANCE TO FIREFIGHTERS

Sec. 3501. Short title.

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

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

Sec. 3504. Grants for automated external defibrillator devices.

Sec. 3505. Criteria for reviewing grant applications.

Sec. 3506. Financial assistance for firefighter safety programs.

Sec. 3507. Assistance for applications.

Sec. 3508. Reduced requirements for matching funds.

Sec. 3509. Grant recipient limitations.

Sec. 3510. Other considerations.

Sec. 3511. Reports to congress.

Sec. 3512. Technical corrections.

Sec. 3513. Authorization of appropriations.
†

19

S 2400 PP

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on Armed Services and the

7 Committee on Appropriations of the House of Rep8 resentatives.

9 DIVISION A—DEPARTMENT OF

10 DEFENSE AUTHORIZATIONS

11 TITLE I—PROCUREMENT

12 Subtitle A—Authorization of

13 Appropriations

14 SEC. 101. ARMY.

15 Funds are hereby authorized to be appropriated for

16 fiscal year 2005 for procurement for the Army as follows:

17 (1) For aircraft, $2,702,640,000.

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

19 (3) For weapons and tracked combat vehicles,

20 $1,693,595,000.

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

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

23 SEC. 102. NAVY AND MARINE CORPS.

24 (a) NAVY.—Funds are hereby authorized to be appro25 priated for fiscal year 2005 for procurement for the Navy

26 as follows:
†

20

S 2400 PP

1 (1) For aircraft, $8,870,832,000.

2 (2) For weapons, including missiles and tor3 pedoes, $2,183,829,000.

4 (3) For shipbuilding and conversion,

5 $10,127,027,000.

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

7 (b) MARINE CORPS.—Funds are hereby authorized to

8 be appropriated for fiscal year 2005 for procurement for

9 the Marine Corps in the amount of $1,303,203,000.

10 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds

11 are hereby authorized to be appropriated for fiscal year

12 2005 for procurement of ammunition for the Navy and

13 the Marine Corps in the amount of $873,140,000.

14 SEC. 103. AIR FORCE.

15 Funds are hereby authorized to be appropriated for

16 fiscal year 2005 for procurement for the Air Force as fol17 lows:

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

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

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

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

22 SEC. 104. DEFENSE-WIDE ACTIVITIES.

23 Funds are hereby authorized to be appropriated for

24 fiscal year 2005 for Defense-wide procurement in the

25 amount of $2,967,402,000.
†

21

S 2400 PP

1 Subtitle B—Army Programs

2 SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM.

3 (a) LIMITATION.—Of the funds authorized to be ap4 propriated under section 101(1) for the procurement of

5 light utility helicopters, $45,000,000 may not be obligated

6 or expended until 30 days after the date on which the Sec7 retary of the Army submits to the congressional defense

8 committees a report that contains—

9 (1) the Secretary’s certification that all re10 quired documentation for the acquisition of light

11 utility helicopters has been completed and approved;

12 and

13 (2) the Army aviation modernization plan re14 quired by subsection (b).

15 (b) ARMY AVIATION MODERNIZATION PLAN.—(1)

16 Not later than March 1, 2005, the Secretary of the Army

17 shall submit to the congressional defense committees an

18 updated modernization plan for Army aviation.

19 (2) The updated Army aviation modernization plan

20 shall contain, at a minimum, the following matters:

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

22 (B) A discussion of the Secretary’s decision to

23 terminate the Comanche helicopter program and to

24 restructure the aviation force of the Army.
†

22

S 2400 PP

1 (C) The actions taken or to be taken to accel2 erate the procurement and development of aircraft

3 survivability equipment for Army aircraft, together

4 with a detailed list of aircraft survivability equip5 ment that specifies such equipment by platform and

6 by the related programmatic funding for procure7 ment.

8 (D) A discussion of the conversion of Apache

9 helicopters to block III configuration, including the

10 rationale for converting only 501 Apache helicopters

11 to that configuration and the costs associated with

12 a conversion of all Apache helicopters to the block

13 III configuration.

14 (E) A discussion of the procurement of light

15 armed reconnaissance helicopters, including the ra16 tionale for the requirement for light armed recon17 naissance helicopters and a discussion of the costs

18 associated with upgrading the light armed reconnais19 sance helicopter to meet Army requirements.

20 (F) The rationale for the Army’s requirement

21 for light utility helicopters, together with a summary

22 and copy of the analysis of the alternative means for

23 meeting such requirement that the Secretary consid24 ered in the determination to procure light utility hel25 icopters, including, at a minimum, the analysis of
†

23

S 2400 PP

1 the alternative of using light armed reconnaissance

2 helicopters and UH–60 Black Hawk helicopters in3 stead of light utility helicopters to meet such re4 quirement.

5 (G) The rationale for the procurement of cargo

6 fixed-wing aircraft.

7 (H) The rationale for the initiation of a joint

8 multi-role helicopter program.

9 (I) A description of the operational employment

10 of the Army’s restructured aviation force.

11 SEC. 112. UP-ARMORED HIGH MOBILITY MULTI-PURPOSE

12 WHEELED VEHICLES OR WHEELED VEHICLE

13 BALLISTIC ADD-ON ARMOR PROTECTION.

14 (a) AMOUNT.—Of the amount authorized to be ap15 propriated for the Army for fiscal year 2005 for other pro16 curement under section 101(5), $610,000,000 shall be

17 available for both of the purposes described in subsection

18 (b) and may be used for either or both of such purposes.

19 (b) PURPOSES.—The purposes referred to in sub20 section (a) are as follows:

21 (1) The procurement of up-armored high mobil22 ity multi-purpose wheeled vehicles at a rate up to

23 450 such vehicles each month.

24 (2) The procurement of wheeled vehicle ballistic

25 add-on armor protection.
†

24

S 2400 PP

1 (c) ALLOCATION BY SECRETARY OF THE ARMY.—(1)

2 The Secretary of the Army shall allocate the amount avail3 able under subsection (a) between the two purposes set

4 forth in subsection (b) as the Secretary determines appro5 priate to meet the requirements of the Army.

6 (2) Not later than 15 days before making an alloca7 tion under paragraph (1), the Secretary shall transmit a

8 notification of the proposed allocation to the congressional

9 defense committees.

10 (d) PROHIBITION ON USE FOR OTHER PURPOSES.—

11 The amount available under subsection (a) may not be

12 used for any purpose other than a purpose specified in

13 subsection (b).

14 SEC. 113. COMMAND-AND-CONTROL VEHICLES OR FIELD

15 ARTILLERY AMMUNITION SUPPORT VEHI16 CLES.

17 (a) INCREASED AMOUNT FOR PROCUREMENT OF

18 WEAPONS AND TRACKED COMBAT VEHICLES.—The

19 amount authorized to be appropriated under section

20 101(3) is hereby increased by $5,000,000.

21 (b) AMOUNT FOR COMMAND-AND-CONTROL VEHI22 CLES OR FIELD ARTILLERY AMMUNITION SUPPORT VEHI23 CLES.—Of the amount authorized to be appropriated

24 under section 101(3), $5,000,000 may be used for the pro-
†

25

S 2400 PP

1 curement of command-and-control vehicles or field artil2 lery ammunition support vehicles.

3 (c) OFFSET.—The amount authorized to be appro4 priated by section 421 is hereby reduced by $5,000,000,

5 with the amount of the reduction to be derived from excess

6 amounts provided for military personnel of the Air Force.

7 Subtitle C—Navy Programs

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

9 (a) AUTHORIZATION OF SHIP.—The Secretary of the

10 Navy is authorized to procure the first amphibious assault

11 ship of the LHA(R) class, subject to the availability of

12 appropriations for that purpose.

13 (b) AUTHORIZED AMOUNT.—Of the amount author14 ized to be appropriated under section 102(a)(3) for fiscal

15 year 2005, $150,000,000 shall be available for the ad16 vance procurement and advance construction of compo17 nents for the first amphibious assault ship of the LHA(R)

18 class. The Secretary of the Navy may enter into a contract

19 or contracts with the shipbuilder and other entities for the

20 advance procurement and advance construction of those

21 components.
†

26

S 2400 PP

1 SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR THE

2 LIGHT WEIGHT 155-MILLIMETER HOWITZER

3 PROGRAM.

4 (a) AUTHORITY.—Beginning with the fiscal year

5 2005 program year, the Secretary of the Navy may, in

6 accordance with section 2306b of title 10, United States

7 Code, enter into a multiyear contract for the procurement

8 of the light weight 155-millimeter howitzer.

9 (b) LIMITATION.—The Secretary may not enter into

10 a multiyear contract for the procurement of light weight

11 155 millimeter howitzers under subsection (a) until the

12 Secretary determines on the basis of operational testing

13 that the light weight 155-millimeter howitzer is effective

14 for fleet use.

15 SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUNDING OF

16 SUBMARINE ENGINEERED REFUELING OVER17 HAUL AND CONVERSION.

18 (a) ESTABLISHMENT.—The Secretary of the Navy

19 may carry out a pilot program of flexible funding of engi20 neered refueling overhauls and conversions of submarines

21 in accordance with this section.

22 (b) AUTHORITY.—Under the pilot program, the Sec23 retary of the Navy may, subject to subsection (d), transfer

24 amounts described in subsection (c) to the authorization

25 of appropriations for the Navy for procurement for ship26 building and conversion for any fiscal year to continue to
†

27

S 2400 PP

1 provide authorization of appropriations for any engineered

2 refueling conversion or overhaul of a submarine of the

3 Navy for which funds were initially provided on the basis

4 of the authorization of appropriations to which trans5 ferred.

6 (c) AMOUNTS AVAILABLE FOR TRANSFER.—The

7 amounts available for transfer under this section are

8 amounts authorized to be appropriated to the Navy for

9 any fiscal year after fiscal year 2004 and before fiscal year

10 2013 for the following purposes:

11 (1) For procurement as follows:

12 (A) For shipbuilding and conversion.

13 (B) For weapons procurement.

14 (C) For other procurement.

15 (2) For operation and maintenance.

16 (d) LIMITATIONS.—(1) A transfer may be made with

17 respect to a submarine under this section only to meet

18 either (or both) of the following requirements:

19 (A) An increase in the size of the workload for

20 engineered refueling overhaul and conversion to meet

21 existing requirements for the submarine.

22 (B) A new engineered refueling overhaul and

23 conversion requirement resulting from a revision of

24 the original baseline engineered refueling overhaul

25 and conversion program for the submarine.
†

28

S 2400 PP

1 (2) A transfer may not be made under this section

2 before the date that is 30 days after the date on which

3 the Secretary of the Navy transmits to the congressional

4 defense committees a written notification of the intended

5 transfer. The notification shall include the following mat6 ters:

7 (A) The purpose of the transfer.

8 (B) The amounts to be transferred.

9 (C) Each account from which the funds are to

10 be transferred.

11 (D) Each program, project, or activity from

12 which the amounts are to be transferred.

13 (E) Each account to which the amounts are to

14 be transferred.

15 (F) A discussion of the implications of the

16 transfer for the total cost of the submarine engi17 neered refueling overhaul and conversion program

18 for which the transfer is to be made.

19 (e) MERGER OF FUNDS.—A transfer made from one

20 account to another with respect to the engineered refuel21 ing overhaul and conversion of a submarine under the au22 thority of this section shall be deemed to increase the

23 amount authorized for the account to which the amount

24 is transferred by an amount equal to the amount trans25 ferred and shall be available for the engineered refueling
†

29

S 2400 PP

1 overhaul and conversion of such submarine for the same

2 period as the account to which transferred.

3 (f) RELATIONSHIP TO OTHER TRANSFER AUTHOR4 ITY.—The authority to make transfers under this section

5 is in addition to any other transfer authority provided in

6 this or any other Act and is not subject to any restriction,

7 limitation, or procedure that is applicable to the exercise

8 of any such other authority.

9 (g) FINAL REPORT.—Not later than October 1,

10 2011, the Secretary of the Navy shall submit to the con11 gressional defense committees a report containing the Sec12 retary’s evaluation of the efficacy of the authority provided

13 under this section.

14 (h) TERMINATION OF PROGRAM.—No transfer may

15 be made under this section after September 30, 2012.

16 Subtitle D—Air Force Programs

17 SEC. 131. PROHIBITION OF RETIREMENT OF

18 KC–135E AIRCRAFT.

19 The Secretary of the Air Force may not retire any

20 KC–135E aircraft of the Air Force in fiscal year 2005.

21 SEC. 132. PROHIBITION OF RETIREMENT OF

22 F–117 AIRCRAFT.

23 No F–117 aircraft in use by the Air Force during

24 fiscal year 2004 may be retired during fiscal year 2005.
†

30

S 2400 PP

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

2 (a) AMOUNT FOR PROGRAM.—The amount author3 ized to be appropriated by section 103(1) is hereby in4 creased by $2,000,000, with the amount of the increase

5 to be available for a bed-down initiative to enable the C–

6 130 aircraft of the Idaho Air National Guard to be the

7 permanent carrier of the SENIOR SCOUT mission shel8 ters of the 169th Intelligence Squadron of the Utah Air

9 National Guard.

10 (b) OFFSET.—The amount authorized to be appro11 priated by section 421 is hereby reduced by $2,000,000,

12 with the amount of the reduction to be derived from excess

13 amounts provided for military personnel of the Air Force.

14 Subtitle E—Other Matters

15 SEC. 141. REPORT ON OPTIONS FOR ACQUISITION OF PRE16 CISION-GUIDED MUNITIONS.

17 (a) REQUIREMENT FOR REPORT.—Not later than

18 March 1, 2005, the Secretary of Defense shall submit a

19 report on options for the acquisition of precision-guided

20 munitions to the congressional defense committees.

21 (b) CONTENT OF REPORT.—The report shall include

22 the following matters:

23 (1) A list of the precision-guided munitions in

24 the inventory of the Department of Defense.

25 (2) For each such munition—
†

31

S 2400 PP

1 (A) the inventory level as of the most re2 cent date that it is feasible to specify when the

3 report is prepared;

4 (B) the inventory objective that is nec5 essary to execute the current National Military

6 Strategy prescribed by the Chairman of the

7 Joint Chiefs of Staff;

8 (C) the year in which that inventory objec9 tive would be expected to be achieved—

10 (i) if the munition were procured at

11 the minimum sustained production rate;

12 (ii) if the munition were procured at

13 the most economic production rate; and

14 (iii) if the munition were procured at

15 the maximum production rate; and

16 (D) the procurement cost (in constant fis17 cal year 2004 dollars) at each of the production

18 rates specified in subparagraph (C).

19 SEC. 142. REPORT ON MATURITY AND EFFECTIVENESS OF

20 THE GLOBAL INFORMATION GRID BAND21 WIDTH EXPANSION (GIG–BE) NETWORK.

22 (a) REPORT REQUIRED.—Not later that 180 days

23 after the date of the enactment of this Act, the Secretary

24 of Defense shall submit to the Committee on Armed Serv25 ices of the Senate and the Committee on Armed Services
†

32

S 2400 PP

1 of the House of Representatives a report on a test pro2 gram to demonstrate the maturity and effectiveness of the

3 Global Information Grid-Bandwidth Expansion (GIG–BE)

4 network architecture.

5 (b) CONTENTS OF REPORT.—The report under sub6 section (a) shall—

7 (1) determine whether the results of the test

8 program described in subsection (a) demonstrate

9 compliance of the GIG–BE architecture with the

10 overall goals of the GIG–BE program;

11 (2) identify—

12 (A) the extent to which the GIG–BE archi13 tecture does not meet the overall goals of the

14 program; and

15 (B) the components that are not yet suffi16 ciently developed to achieve the overall goals of

17 the program;

18 (3) include a plan and cost estimates for achiev19 ing compliance; and

20 (4) document the equipment and network con21 figuration used to demonstrate real-world scenarios

22 within the continental United States.
†

33

S 2400 PP

1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST AND EVALUA3 TION

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 2005 for the use of the Department of Defense

9 for research, development, test, and evaluation as follows:

10 (1) For the Army, $9,686,958,000.

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

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

13 (4) For Defense-wide activities,

14 $20,635,937,000, of which $309,135,000 is author15 ized for the Director of Operational Test and Eval16 uation.

17 SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

18 (a) AMOUNT FOR PROJECTS.—Of the total amount

19 authorized to be appropriated by section 201,

20 $10,998,850,000 shall be available for science and tech21 nology projects.

22 (b) SCIENCE AND TECHNOLOGY DEFINED.—In this

23 section, the term ‘‘science and technology project’’ means

24 work funded in program elements for defense research, de-
†

34

S 2400 PP

1 velopment, test, and evaluation under Department of De2 fense budget activities 1, 2, or 3.

3 Subtitle B—Program Require4 ments, Restrictions, and Limita5 tions

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

7 (a) AUTHORIZATION OF SHIP.—For the second de8 stroyer in the DD(X)-class destroyer program, the Sec9 retary of the Navy is authorized to use funds authorized

10 to be appropriated to the Navy under section 201(2).

11 (b) AMOUNT FOR DETAIL DESIGN.—Of the amount

12 authorized to be appropriated under section 201(2) for fis13 cal year 2005, $99,400,000 shall be available for the detail

14 design of the second destroyer of the DD(X)-class.

15 SEC. 212. GLOBAL POSITIONING SYSTEM III SATELLITE.

16 Not more than 80 percent of the amount authorized

17 to be appropriated by section 201(4) and available for the

18 purpose of research, development, test, and evaluation on

19 the Global Positioning System III satellite may be obli20 gated or expended for that purpose until the Secretary of

21 Defense—

22 (1) completes an analysis of alternatives for the

23 satellite and ground architectures, satellite tech24 nologies, and tactics, techniques, and procedures for
†

35

S 2400 PP

1 the next generation global positioning system (GPS);

2 and

3 (2) submits to the congressional defense com4 mittees a report on the results of the analysis, in5 cluding an assessment of the results of the analysis.

6 SEC. 213. INITIATION OF CONCEPT DEMONSTRATION OF

7 GLOBAL HAWK HIGH ALTITUDE ENDURANCE

8 UNMANNED AERIAL VEHICLE.

9 Section 221(c) of the Floyd D. Spence National De10 fense Authorization Act for Fiscal Year 2001 (as enacted

11 into law by Public Law 106–398; 114 Stat. 1654A–40)

12 is amended by striking ‘‘March 1, 2001’’ and inserting

13 ‘‘March 1, 2005’’.

14 SEC. 214. JOINT UNMANNED COMBAT AIR SYSTEMS PRO15 GRAM.

16 (a) EXECUTIVE COMMITTEE.—(1) The Secretary of

17 Defense shall, subject to subsection (b), establish and re18 quire an executive committee to provide guidance and rec19 ommendations for the management of the Joint Un20 manned Combat Air Systems program to the Director of

21 the Defense Advanced Research Projects Agency and the

22 personnel who are managing the program for such agency.

23 (2) The executive committee established under para24 graph (1) shall be composed of the following members:
†

36

S 2400 PP

1 (A) The Under Secretary of Defense for Acqui2 sition, Technology, and Logistics, who shall chair

3 the executive committee.

4 (B) The Assistant Secretary of the Navy for

5 Research, Development, and Acquisition.

6 (C) The Assistant Secretary of the Air Force

7 for Acquisition.

8 (D) The Deputy Chief of Naval Operations for

9 Warfare Requirements and Programs.

10 (E) The Deputy Chief of Staff of the Air Force

11 for Air and Space Operations.

12 (F) Any additional personnel of the Department

13 of Defense whom the Secretary determines appro14 priate for membership on the executive committee.

15 (b) APPLICABILITY ONLY TO DARPA-MANAGED

16 PROGRAM.—The requirements of subsection (a) apply

17 with respect to the Joint Unmanned Combat Air Systems

18 program only while the program is managed by the De19 fense Advanced Research Projects Agency.

20 SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.

21 (a) REQUIREMENT FOR STUDY.—The Secretary of

22 Defense shall require the Defense Science Board to con23 duct a study on the Joint Strike Fighter aircraft program.
†

37

S 2400 PP

1 (b) MATTERS TO BE STUDIED.—The study shall in2 clude, for each of the three variants of the Joint Strike

3 Fighter aircraft, the following matters:

4 (1) The current status.

5 (2) The extent of the effects of excess aircraft

6 weight on estimated performance.

7 (3) The validity of the technical approaches

8 being considered to achieve the required perform9 ance.

10 (4) The risks of those technical approaches.

11 (5) A list of any alternative technical ap12 proaches that have the potential to achieve the re13 quired performance.

14 (c) REPORT.—The Secretary shall submit a report on

15 the results of the study to the congressional defense com16 mittees at the same time that the President submits the

17 budget for fiscal year 2006 to Congress under section

18 1105(a) of title 31, United States Code.

19 SEC. 216. JOINT EXPERIMENTATION.

20 (a) DEFENSE-WIDE PROGRAM ELEMENT.—The Sec21 retary of Defense shall plan, program, and budget for all

22 joint experimentation of the Armed Forces as a separate,

23 dedicated program element under research, development,

24 test, and evaluation, Defense-wide activities.
†

38

S 2400 PP

1 (b) APPLICABILITY TO FISCAL YEARS AFTER FISCAL

2 YEAR 2005.—This section shall apply with respect to fis3 cal years beginning after 2005.

4 SEC. 217. INFRASTRUCTURE SYSTEM SECURITY ENGINEER5 ING DEVELOPMENT FOR THE NAVY.

6 (a) INCREASE IN AMOUNT FOR RESEARCH, DEVEL7 OPMENT, TEST AND EVALUATION, NAVY.—The amount

8 authorized to be appropriated by section 201(2) for re9 search, development, test and evaluation, Navy, is hereby

10 increased by $3,000,000.

11 (b) AVAILABILITY OF AMOUNT FOR INFRASTRUC12 TURE SYSTEM SECURITY ENGINEERING DEVELOP13 MENT.—Of the amount authorized to be appropriated by

14 section 201(2) for research, development, test, and evalua15 tion, Navy, as increased by subsection (a), $3,000,000

16 may be available for infrastructure system security engi17 neering development.

18 (c) OFFSET.—(1) The amount authorized to be ap19 propriated by section 101(5) for other procurement, Army,

20 is hereby reduced by $1,000,000, with the amount of the

21 reduction to be allocated to Buffalo Landmine Vehicles.

22 (2) The amount authorized to be appropriated by sec23 tion 102(b) for procurement for the Marine Corps is here24 by reduced by $500,000, with the amount of the reduction

25 to be allocated to Combat Casualty Care.
†

39

S 2400 PP

1 (3) The amount authorized to be appropriated by sec2 tion 201(1) for research, development, test, and evalua3 tion, Army, is hereby reduced by $1,000,000, with the

4 amount of the reduction to the allocated to Active Coating

5 Technology.

6 (4) The amount authorized to be appropriated by sec7 tion 201(4) for research, development, test, and evalua8 tion, Defense-wide activities, is hereby reduced by

9 $500,000, with the amount of the reduction to be allocated

10 to Radiation Hardened Complementary Metal Oxide Semi11 Conductors.

12 SEC. 218. NEUROTOXIN MITIGATION RESEARCH.

13 (a) INCREASE IN AMOUNT FOR RESEARCH, DEVEL14 OPMENT, TEST, AND EVALUATION, DEFENSE-WIDE.—

15 The amount authorized to be appropriated by section

16 201(4) for research, development, test, and evaluation,

17 Defense-wide activities, is hereby increased by $2,000,000.

18 (b) AVAILABILITY FOR NEUROTOXIN MITIGATION

19 RESEARCH.—Of the amount authorized to be appro20 priated by section 201(4) for research, development, test,

21 and evaluation, Defense-wide activities, as increased by

22 subsection (a), $2,000,000 may be available in Program

23 Element PE 62384BP for neurotoxin mitigation re24 search.
†

40

S 2400 PP

1 (c) OFFSET.—The amount authorized to be appro2 priated by section 301(1) for operation and maintenance

3 for the Army is hereby reduced by $2,000,000, with the

4 amount of the reduction to be allocated to Satellite Com5 munications Language training activity (SCOLA) at the

6 Army Defense Language Institute.

7 SEC. 219. SPIRAL DEVELOPMENT OF JOINT THREAT WARN8 ING SYSTEM MARITIME VARIANTS.

9 (a) AMOUNT FOR PROGRAM.—The amount author10 ized to be appropriated by section 201(4) is hereby in11 creased by $2,000,000, with the amount of the increase

12 to be available in the program element PE 1160405BB

13 for joint threat warning system maritime variants.

14 (b) OFFSET.—The amount authorized to be appro15 priated by section 421 is hereby reduced by $2,000,000,

16 with the amount of the reduction to be derived from excess

17 amounts provided for military personnel of the Air Force.

18 SEC. 220. ADVANCED FERRITE ANTENNA.

19 (a) AMOUNT FOR DEVELOPMENT AND TESTING.—Of

20 the amount authorized to be appropriated under section

21 201(2), $3,000,000 may be available for development and

22 testing of the Advanced Ferrite Antenna.

23 (b) OFFSET.—The amount authorized to be appro24 priated by section 421 is hereby reduced by $3,000,000,
†

41

S 2400 PP

1 with the amount of the reduction to be derived from excess

2 amounts provided for military personnel of the Air Force.

3 SEC. 221. PROTOTYPE LITTORAL ARRAY SYSTEM FOR OP4 ERATING SUBMARINES.

5 (a) INCREASE IN AMOUNT FOR RESEARCH, DEVEL6 OPMENT, TEST, AND EVALUATION, NAVY.—The amount

7 authorized to be appropriated by section 201(2) for re8 search, development, test, and evaluation for the Navy is

9 hereby increased by $5,000,000.

10 (b) AVAILABILITY OF AMOUNT.—Of the amount au11 thorized to be appropriated by section 201(2) for research,

12 development, test, and evaluation for the Navy, as in13 creased by subsection (a), $5,000,000 may be available for

14 Program Element PE 0604503N for the design, develop15 ment, and testing of a prototype littoral array system for

16 operating submarines.

17 (c) OFFSET.—The amount authorized to be appro18 priated by section 421 is hereby reduced by $5,000,000,

19 with the amount of the reduction to be derived from excess

20 amounts provided for military personnel of the Air Force.

21 SEC. 222. ADVANCED MANUFACTURING TECHNOLOGIES

22 AND RADIATION CASUALTY RESEARCH.

23 (a) ADDITIONAL AMOUNT FOR ADVANCED MANU24 FACTURING STRATEGIES.—Of the amount authorized to

25 be appropriated by section 201(4) for research, develop-
†

42

S 2400 PP

1 ment, test, and evaluation, Defense-wide activities, the

2 amount available for Advanced Manufacturing Tech3 nologies (PE 0708011S) is hereby increased by

4 $2,000,000.

5 (b) AMOUNT FOR RADIATION CASUALTY RE6 SEARCH.—Of the amount authorized to be appropriated

7 by section 201(4) for research, development, test, and

8 evaluation, Defense-wide activities, $3,000,000 may be

9 available for Radiation Casualty Research

10 (PE 0603002D8Z).

11 (c) OFFSET.—The amount authorized to be appro12 priated by section 421 is hereby reduced by $5,000,000,

13 with the amount of the reduction to be derived from excess

14 amounts provided for military personnel of the Air Force.

15 Subtitle C—Ballistic Missile

16 Defense

17 SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA18 BILITIES.

19 Funds authorized to be appropriated under section

20 201(4) for the Missile Defense Agency may be used for

21 the development and fielding of an initial set of ballistic

22 missile defense capabilities.
†

43

S 2400 PP

1 SEC. 232. PATRIOT ADVANCE CAPABILITY-3 AND MEDIUM

2 EXTENDED AIR DEFENSE SYSTEM.

3 (a) OVERSIGHT.—In the management of the com4 bined program for the acquisition of the Patriot Advanced

5 Capability-3 missile system and the Medium Extended Air

6 Defense System, the Secretary of Defense shall require the

7 Secretary of the Army to obtain the approval of the Direc8 tor of the Missile Defense Agency before the Secretary of

9 the Army—

10 (1) either—

11 (A) changes any system level technical

12 specifications that are in effect under the pro13 gram as of the date of the enactment of this

14 Act; or

15 (B) establishes any new system level tech16 nical specifications after such date;

17 (2) makes any significant change in a procure18 ment quantity (including any quantity in any future

19 block procurement) that, as of such date, is planned

20 for—

21 (A) the Patriot Advanced Capabilities-3

22 missile system; or

23 (B) PAC–3 configuration-3 radars, launch24 ers, or fire control units; or
†

44

S 2400 PP

1 (3) changes the baseline development schedule

2 that is in effect for the program as of the date of

3 the enactment of this Act.

4 (b) DEFINITIONS.—In this section:

5 (1) The term ‘‘system level technical specifica6 tions’’, with respect to a system to which this section

7 applies, means technical specifications expressed in

8 terms of technical performance, including test speci9 fications, that affect the ability of the system to con10 tribute to the capability of the ballistic missile de11 fense system of the United States, as determined by

12 the Director of the Missile Defense Agency.

13 (2) The term ‘‘significant change’’, with respect

14 to a planned procurement quantity, means any

15 change of such quantity that would result in a sig16 nificant change in the contribution that, as of the

17 date of the enactment of this Act, is planned for the

18 Patriot Advanced Capability-3 system to make to

19 the ballistic missile defense system of the United

20 States.

21 (3) The term ‘‘baseline development schedule’’

22 means the schedule on which technology upgrades

23 for the combined acquisition program referred to in

24 subsection (a) are planned for development.
†

45

S 2400 PP

1 (4) The terms ‘‘Patriot Advanced Capability-3’’

2 and ‘‘PAC–3 configuration-3’’—

3 (A) mean the air and missile defense sys4 tem that, as of June 1, 2004, is referred to by

5 either such name in the management of the

6 combined acquisition program referred to in

7 subsection (a); and

8 (B) include such system as it is improved

9 with new air and missile defense technologies.

10 SEC. 233. COMPTROLLER GENERAL ASSESSMENTS OF BAL11 LISTIC MISSILE DEFENSE PROGRAMS.

12 (a) ANNUAL ASSESSMENTS.—At the conclusion of

13 each of 2004 through 2009, the Comptroller General of

14 the United States shall conduct an assessment of the ex15 tent to which each ballistic missile defense program met

16 the cost, scheduling, testing, and performance goals for

17 such program for such year as established pursuant to sec18 tion 232(c) of the National Defense Authorization Act for

19 Fiscal Year 2002 (10 U.S.C. 2431 note).

20 (b) REPORTS ON ANNUAL ASSESSMENTS.—Not later

21 than February 15 of each of 2005 through 2010, the

22 Comptroller General shall submit to the congressional de23 fense committees a report on the assessment conducted

24 by the Comptroller General under subsection (a) for the

25 previous year.
†

46

S 2400 PP

1 SEC. 234. BASELINES AND OPERATIONAL TEST AND EVAL2 UATION FOR BALLISTIC MISSILE DEFENSE

3 SYSTEM.

4 (a) TESTING CRITERIA.—Not later than February 1,

5 2005, the Secretary of Defense, in consultation with the

6 Director of Operational Test and Evaluation, shall pre7 scribe appropriate criteria for operationally realistic test8 ing of fieldable prototypes developed under the ballistic

9 missile defense spiral development program. The Sec10 retary shall submit a copy of the prescribed criteria to the

11 congressional defense committees.

12 (b) USE OF CRITERIA.—(1) The Secretary of Defense

13 shall ensure that, not later than October 1, 2005, a test

14 of the ballistic missile defense system is conducted con15 sistent with the criteria prescribed under subsection (a).

16 (2) The Secretary of Defense shall ensure that each

17 block configuration of the ballistic missile defense system

18 is tested consistent with the criteria prescribed under sub19 section (a).

20 (c) RELATIONSHIP TO OTHER LAW.—Nothing in this

21 section shall be construed to exempt any spiral develop22 ment program of the Department of Defense, after com23 pletion of the spiral development, from the applicability

24 of any provision of chapter 144 of title 10, United States

25 Code, or section 139, 181, 2366, 2399, or 2400 of such
†

47

S 2400 PP

1 title in accordance with the terms and conditions of such

2 provision.

3 (d) EVALUATION.—(1) The Director of Operational

4 Test and Evaluation shall evaluate the results of each test

5 conducted under subsection (a) as soon as practicable

6 after the completion of such test.

7 (2) The Director shall submit to the Secretary of De8 fense and the congressional defense committees a report

9 on the evaluation of each test conducted under subsection

10 (a) upon completion of the evaluation of such test under

11 paragraph (1).

12 (e) COST, SCHEDULE, AND PERFORMANCE BASE13 LINES.—(1) The Director of the Missile Defense Agency

14 shall establish cost, schedule, and performance baselines

15 for each block configuration of the Ballistic Missile De16 fense System being fielded. The cost baseline for a block

17 configuration shall include full life cycle costs for the block

18 configuration.

19 (2) The Director shall include the baselines estab20 lished under paragraph (1) in the first Selected Acquisi21 tion Report for the Ballistic Missile Defense System that

22 is submitted to Congress under section 2432 of title 10,

23 United States Code, after the establishment of such base24 lines.
†

48

S 2400 PP

1 (3) The Director shall also include in the Selected

2 Acquisition Report submitted to Congress under para3 graph (2) the significant assumptions used in determining

4 the performance baseline under paragraph (1), including

5 any assumptions regarding threat missile countermeasures

6 and decoys.

7 (f) VARIATIONS AGAINST BASELINES.—In the event

8 the cost, schedule, or performance of any block configura9 tion of the Ballistic Missile Defense System varies signifi10 cantly (as determined by the Director of the Ballistic Mis11 sile Defense Agency) from the applicable baseline estab12 lished under subsection (d), the Director shall include such

13 variation, and the reasons for such variation, in the Se14 lected Acquisition Report submitted to Congress under

15 section 2432 of title 10, United States Code.

16 (g) MODIFICATIONS OF BASELINES.—In the event

17 the Director of the Missile Defense Agency elects to under18 take any modification of a baseline established under sub19 section (d), the Director shall submit to the congressional

20 defense committees a report setting forth the reasons for

21 such modification.
†

49

S 2400 PP

1 Subtitle D—Other Matters

2 SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY

3 INSERTION.

4 (a) REPORT REQUIRED.—(1) For each of fiscal years

5 2006, 2007, 2008, and 2009, the Secretary of Defense

6 shall submit to the congressional defense committees a re7 port on the submarine technologies that are available or

8 potentially available for insertion in submarines of the

9 Navy to reduce the production and operating costs of the

10 submarines while maintaining or improving the effective11 ness of the submarines.

12 (2) The annual report for a fiscal year under para13 graph (1) shall be submitted at the same time that the

14 President submits to Congress the budget for that fiscal

15 year under section 1105(a) of title 31, United States

16 Code.

17 (b) CONTENT.—The report on submarine tech18 nologies under subsection (a) shall include, for each class

19 of submarines of the Navy, the following matters:

20 (1) A list of the technologies that have been

21 demonstrated, together with—

22 (A) a plan for the insertion of any such

23 technologies that have been determined appro24 priate for such submarines; and
†

50

S 2400 PP

1 (B) the estimated cost of such technology

2 insertions.

3 (2) A list of the technologies that have not been

4 demonstrated, together with a plan for the dem5 onstration of any such technologies that have the po6 tential for being appropriate for such submarines.

7 SEC. 242. SENSE OF THE SENATE REGARDING FUNDING OF

8 THE ADVANCED SHIPBUILDING ENTERPRISE

9 UNDER THE NATIONAL SHIPBUILDING RE10 SEARCH PROGRAM OF THE NAVY.

11 (a) FINDINGS.—Congress makes the following find12 ings:

13 (1) The budget for fiscal year 2005, as sub14 mitted to Congress by the President, provides

15 $10,300,000 for the Advanced Shipbuilding Enter16 prise under the National Shipbuilding Research Pro17 gram of the Navy.

18 (2) The Advanced Shipbuilding Enterprise is an

19 innovative program to encourage greater efficiency

20 in the national technology and industrial base.

21 (3) The leaders of the United States ship22 building industry have embraced the Advanced Ship23 building Enterprise as a method for exploring and

24 collaborating on innovation in shipbuilding and ship
†

51

S 2400 PP

1 repair that collectively benefits all components of the

2 industry.

3 (b) SENSE OF THE SENATE.—It is the sense of the

4 Senate—

5 (1) that the Senate—

6 (A) strongly supports the innovative Ad7 vanced Shipbuilding Enterprise under the Na8 tional Shipbuilding Research Program as an en9 terprise between the Navy and industry that

10 has yielded new processes and techniques that

11 reduce the cost of building and repairing ships

12 in the United States; and

13 (B) is concerned that the future-years de14 fense program of the Department of Defense

15 that was submitted to Congress for fiscal year

16 2005 does not reflect any funding for the Ad17 vanced Shipbuilding Enterprise after fiscal year

18 2005; and

19 (2) that the Secretary of Defense should con20 tinue to provide in the future-years defense program

21 for funding the Advanced Shipbuilding Enterprise at

22 a sustaining level in order to support additional re23 search to further reduce the cost of designing, build24 ing, and repairing ships.
†

52

S 2400 PP

1 TITLE III—OPERATION AND

2 MAINTENANCE

3 Subtitle A—Authorization of

4 Appropriations

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 2005 for the use of the Armed Forces and other

8 activities and agencies of the Department of Defense for

9 expenses, not otherwise provided for, for operation and

10 maintenance, in amounts as follows:

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

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

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

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

15 (5) For Defense-wide activities,

16 $17,453,576,000.

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

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

19 (8) For the Marine Corps Reserve,

20 $197,496,000.

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

22 (10) For the Army National Guard,

23 $4,227,236,000.

24 (11) For the Air National Guard,

25 $4,366,738,000.
†

53

S 2400 PP

1 (12) For the United States Court of Appeals

2 for the Armed Forces, $10,825,000.

3 (13) For Environmental Restoration, Army,

4 $405,598,000.

5 (14) For Environmental Restoration, Navy,

6 $266,820,000.

7 (15) For Environmental Restoration, Air Force,

8 $397,368,000.

9 (16) For Environmental Restoration, Defense10 wide, $23,684,000.

11 (17) For Environmental Restoration, Formerly

12 Used Defense Sites, $256,516,000.

13 (18) For Overseas Humanitarian, Disaster, and

14 Civic Aid programs, $59,000,000.

15 (19) For Cooperative Threat Reduction pro16 grams, $409,200,000.

17 SEC. 302. WORKING CAPITAL FUNDS.

18 Funds are hereby authorized to be appropriated for

19 fiscal year 2005 for the use of the Armed Forces and other

20 activities and agencies of the Department of Defense for

21 providing capital for working capital and revolving funds

22 in amounts as follows:

23 (1) For the Defense Working Capital Funds,

24 $1,625,686,000.
†

54

S 2400 PP

1 (2) For the National Defense Sealift Fund,

2 $1,269,252,000.

3 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

4 (a) DEFENSE HEALTH PROGRAM.—Funds are here5 by authorized to be appropriated for the Department of

6 Defense for fiscal year 2005 for expenses, not otherwise

7 provided for, for the Defense Health Program,

8 $17,992,211,000, of which—

9 (1) $17,555,169,000 is for Operation and

10 Maintenance;

11 (2) $72,407,000 is for Research, Development,

12 Test and Evaluation; and

13 (3) $364,635,000 is for Procurement.

14 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC15 TION, DEFENSE.—(1) Funds are hereby authorized to be

16 appropriated for the Department of Defense for fiscal year

17 2005 for expenses, not otherwise provided for, for Chem18 ical Agents and Munitions Destruction, Defense,

19 $1,518,990,000, of which—

20 (A) $1,138,801,000 is for Operation and Main21 tenance;

22 (B) $301,209,000 is for Research, Develop23 ment, Test and Evaluation; and

24 (C) $78,980,000 is for Procurement.
†

55

S 2400 PP

1 (2) Amounts authorized to be appropriated under

2 paragraph (1) are authorized for—

3 (A) the destruction of lethal chemical agents

4 and munitions in accordance with section 1412 of

5 the Department of Defense Authorization Act, 1986

6 (50 U.S.C. 1521); and

7 (B) the destruction of chemical warfare mate8 riel of the United States that is not covered by sec9 tion 1412 of such Act.

10 (c) DRUG INTERDICTION AND COUNTER-DRUG AC11 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized

12 to be appropriated for the Department of Defense for fis13 cal year 2005 for expenses, not otherwise provided for, for

14 Drug Interdiction and Counter-Drug Activities, Defense15 Wide, $852,697,000.

16 (d) DEFENSE INSPECTOR GENERAL.—Funds are

17 hereby authorized to be appropriated for the Department

18 of Defense for fiscal year 2005 for expenses, not otherwise

19 provided for, for the Office of the Inspector General of

20 the Department of Defense, $164,562,000, of which—

21 (1) $162,362,000 is for Operation and Mainte22 nance;

23 (2) $100,000 is for Research, Development,

24 Test, and Evaluation; and

25 (3) $2,100,000 is for Procurement.
†

56

S 2400 PP

1 SEC. 304. AMOUNT FOR ONE SOURCE MILITARY COUN2 SELING AND REFERRAL HOTLINE.

3 (a) AUTHORIZATION OF APPROPRIATION OF ADDI4 TIONAL AMOUNT.—The amount authorized to be appro5 priated under section 301(5) is hereby increased by

6 $5,000,000, which shall be available (in addition to other

7 amounts available under this Act for the same purpose)

8 only for the Department of Defense One Source coun9 seling and referral hotline.

10 (b) OFFSET.—The amount authorized to be appro11 priated by section 421 is hereby reduced by $5,000,000,

12 with the amount of the reduction to be derived from excess

13 amounts provided for military personnel of the Air Force.

14 Subtitle B—Program Require15 ments, Restrictions, and Limita16 tions

17 SEC. 311. COMMANDER’S EMERGENCY RESPONSE PRO18 GRAM.

19 (a) FUNDING.—Of the amounts authorized to be ap20 propriated for fiscal year 2005 by section 301(5) for oper21 ation and maintenance for Defense-wide activities, not

22 more than $300,000,000 may be made available in fiscal

23 year 2005 for the following:

24 (1) The Commander’s Emergency Response

25 Program, which was established by the Adminis26 trator of the Coalition Provisional Authority for the
†

57

S 2400 PP

1 purpose of enabling United States military com2 manders in Iraq to respond to urgent humanitarian

3 relief and reconstruction needs within their areas of

4 responsibility by carrying out programs to provide

5 immediate assistance to the people of Iraq.

6 (2) A similar program to enable United States

7 military commanders in Afghanistan to respond in

8 such manner to similar needs in Afghanistan.

9 (b) QUARTERLY REPORTS REQUIRED.—The Sec10 retary of Defense shall submit to the congressional defense

11 committees on a quarterly basis reports on the use of

12 amounts made available under subsection (a).

13 SEC. 312. LIMITATION ON TRANSFERS OUT OF WORKING

14 CAPITAL FUNDS.

15 Section 2208 of title 10, United States Code, is

16 amended by adding at the end the following new sub17 section:

18 ‘‘(r) LIMITATION ON TRANSFERS.—(1) Notwith19 standing any authority for transfer of funds provided in

20 this section, no transfer may be made out of a working

21 capital fund or between or among working capital funds

22 under such authority unless the Secretary of Defense has

23 submitted a notification of the proposed transfer to the

24 congressional defense committees in accordance with cus25 tomary procedures.
†

58

S 2400 PP

1 ‘‘(2) The amount of a transfer covered by a notifica2 tion under paragraph (1) that is proposed to be made in

3 a fiscal year does not count for the purpose of any limita4 tion on the total amount of transfers that may be made

5 for that fiscal year under authority provided to the Sec6 retary of Defense in a law authorizing appropriations for

7 a fiscal year for military activities of the Department of

8 Defense or a law making appropriations for the Depart9 ment of Defense.’’.

10 SEC. 313. FAMILY READINESS PROGRAM OF THE NATIONAL

11 GUARD.

12 (a) AMOUNT FOR PROGRAM.—The amount author13 ized to be appropriated by section 301(1) for operation

14 and maintenance for the Army is hereby increased by

15 $10,000,000 for the Family Readiness Program of the

16 National Guard.

17 (b) OFFSET.—The amount authorized to be appro18 priated by section 421 is hereby reduced by $10,000,000,

19 with the amount of the reduction to be derived from excess

20 amounts provided for military personnel of the Air Force.
†

59

S 2400 PP

1 Subtitle C—Environmental

2 Provisions

3 SEC. 321. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS

4 IN CONNECTION WITH DEFENSE ENVIRON5 MENTAL RESTORATION PROGRAM.

6 (a) PAYMENT FOR ACTIVITIES AT FORMER DEFENSE

7 PROPERTY SUBJECT TO COVENANT FOR ADDITIONAL RE8 MEDIAL ACTION.—Section 2701(d) of title 10, United

9 States Code, is amended—

10 (1) in paragraph (1), by striking ‘‘paragraph

11 (3)’’ and inserting ‘‘paragraph (4)’’;

12 (2) by redesignating paragraphs (2), (3), and

13 (4), as paragraphs (3), (4), and (5), respectively;

14 and

15 (3) by inserting after paragraph (1) the fol16 lowing new paragraph (2):

17 ‘‘(2) ACTIVITIES AT CERTAIN FORMER DE18 FENSE PROPERTY.—In addition to agreements under

19 paragraph (1), the Secretary may also enter into

20 agreements with owners of property subject to a cov21 enant provided by the United States under section

22 120(h)(3)(A)(ii) of CERCLA (42 U.S.C.

23 9620(h)(3)(A)(ii)) to reimburse the owners of such

24 property for activities under this section with respect

25 to such property by reason of the covenant.’’.
†

60

S 2400 PP

1 (b) SOURCE OF FUNDS FOR FORMER BRAC PROP2 ERTY SUBJECT TO COVENANT FOR ADDITIONAL REME3 DIAL ACTION.—Section 2703 of such title is amended—

4 (1) in subsection (g)(1), by striking ‘‘The sole

5 source’’ and inserting ‘‘Except as provided in sub6 section (h), the sole source’’; and

7 (2) by adding at the end the following new sub8 section:

9 ‘‘(h) SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL

10 REMEDIATION AT CERTAIN BASE REALIGNMENT AND

11 CLOSURE SITES.—In the case of property disposed of pur12 suant to a base closure law and subject to a covenant de13 scribed in section 2701(d)(2) of this title, the sole source

14 of funds for activities under such section shall be the base

15 closure account established under the applicable base clo16 sure law.’’.

17 SEC. 322. REIMBURSEMENT OF ENVIRONMENTAL PROTEC18 TION AGENCY FOR CERTAIN COSTS IN CON19 NECTION WITH MOSES LAKE WELLFIELD

20 SUPERFUND SITE, MOSES LAKE, WASH21 INGTON.

22 (a) AUTHORITY TO REIMBURSE.—(1) Using funds

23 described in subsection (b), the Secretary of Defense may

24 transfer not more than $524,926.54 to the Moses Lake

25 Wellfield Superfund Site 10–6J Special Account.
†

61

S 2400 PP

1 (2) The payment under paragraph (1) is to reimburse

2 the Environmental Protection Agency for its costs, includ3 ing interest, incurred in overseeing a remedial investiga4 tion/feasibility study performed by the Department of the

5 Army under the Defense Environmental Restoration Pro6 gram at the former Larson Air Force Base, Moses Lake

7 Superfund Site, Moses Lake, Washington.

8 (3) The reimbursement described in paragraph (2) is

9 provided for in the interagency agreement entered into by

10 the Department of the Army and the Environmental Pro11 tection Agency for the Moses Lake Wellfield Superfund

12 Site in March 1999.

13 (b) SOURCE OF FUNDS.—Any payment under sub14 section (a) shall be made using funds authorized to be ap15 propriated by section 301(17) for operation and mainte16 nance for Environmental Restoration, Formerly Used De17 fense Sites.

18 (c) USE OF FUNDS.—The Environmental Protection

19 Agency shall use the amount transferred under subsection

20 (a) to pay costs incurred by the Agency at the Moses Lake

21 Wellfield Superfund Site.
†

62

S 2400 PP

1 SEC. 323. SATISFACTION OF CERTAIN AUDIT REQUIRE2 MENTS BY THE INSPECTOR GENERAL OF THE

3 DEPARTMENT OF DEFENSE.

4 (a) SATISFACTION OF REQUIREMENTS.—The Inspec5 tor General of the Department of Defense shall be deemed

6 to be in compliance with the requirements of subsection

7 (k) of section 111 of Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 1980 (42

9 U.S.C. 9611) if the Inspector General conducts periodic

10 audits of the payments, obligations, reimbursements and

11 other uses of the Fund described in that section, even if

12 such audits do not occur on an annual basis.

13 (b) REPORTS TO CONGRESS ON AUDITS.—The In14 spector General shall submit to Congress a report on each

15 audit conducted by the Inspector General as described in

16 subsection (a).

17 SEC. 324. COMPTROLLER GENERAL STUDY AND REPORT ON

18 DRINKING WATER CONTAMINATION AND RE19 LATED HEALTH EFFECTS AT CAMP LEJEUNE,

20 NORTH CAROLINA.

21 (a) STUDY.—The Comptroller General of the United

22 States shall conduct a study on drinking water contamina23 tion and related health effects at Camp Lejeune, North

24 Carolina. The study shall consist of the following:
†

63

S 2400 PP

1 (1) A study of the history of drinking water

2 contamination at Camp Lejeune to determine, to the

3 extent practical—

4 (A) what contamination has been found in

5 the drinking water;

6 (B) the source of such contamination and

7 when it may have begun;

8 (C) when Marine Corps officials first be9 came aware of such contamination;

10 (D) what actions have been taken to ad11 dress such contamination;

12 (E) the appropriateness of such actions in

13 light of the state of knowledge regarding con14 tamination of that type, and applicable legal re15 quirements regarding such contamination, as of

16 the time of such actions; and

17 (F) any other matters that the Comptroller

18 General considers appropriate.

19 (2) An assessment of the study on the possible

20 health effects associated with the drinking of con21 taminated drinking water at Camp Lejeune as pro22 posed by the Agency for Toxic Substances and Dis23 ease Registry (ATSDR), including whether the pro24 posed study—
†

64

S 2400 PP

1 (A) will address the appropriate at-risk

2 populations;

3 (B) will encompass an appropriate time4 frame;

5 (C) will consider all relevant health effects;

6 and

7 (D) can be completed on an expedited

8 basis without compromising its quality.

9 (b) AUTHORITY TO USE EXPERTS.—The Comp10 troller General may use experts in conducting the study

11 required by subsection (a). Any such experts shall be inde12 pendent, highly qualified, and knowledgeable in the mat13 ters covered by the study.

14 (c) PARTICIPATION BY OTHER INTERESTED PAR15 TIES.—In conducting the study required by subsection (a),

16 the Comptroller General shall ensure that interested par17 ties, including individuals who lived or worked at Camp

18 Lejeune during the period when the drinking water may

19 have been contaminated, have the opportunity to submit

20 information and views on the matters covered by the

21 study.

22 (d) CONSTRUCTION WITH ATSDR STUDY.—The re23 quirement under subsection (a) that the Comptroller Gen24 eral conduct the study required by paragraph (2) of that

25 subsection may not be construed as a basis for the delay
†

65

S 2400 PP

1 of the study proposed by Agency for Toxic Substances and

2 Disease Registry as described in that subsection, but is

3 intended to provide an independent review of the appro4 priateness and credibility of the study proposed by the

5 Agency and to identify possible improvements in the plan

6 or implementation of the study proposed by the Agency.

7 (e) REPORT.—(1) Not later than one year after the

8 date of the enactment of this Act, the Comptroller General

9 shall submit to the congressional defense committees a re10 port on the study required by subsection (a), including

11 such recommendations as the Comptroller General con12 siders appropriate for further study or for legislative or

13 other action.

14 (2) Recommendations under paragraph (1) may in15 clude recommendations for modifications or additions to

16 the study proposed by the Agency for Toxic Substances

17 and Disease Registry, as described in subsection (a)(2),

18 in order to improve the study.

19 SEC. 325. INCREASE IN AUTHORIZED AMOUNT OF ENVIRON20 MENTAL REMEDIATION, FRONT ROYAL, VIR21 GINIA.

22 Section 591(a)(2) of the Water Resources Develop23 ment Act of 1999 (Public Law 106–53; 113 Stat. 378)

24 is amended by striking ‘‘$12,000,000’’ and inserting

25 ‘‘$22,000,000’’.
†

66

S 2400 PP

1 SEC. 326. COMPTROLLER GENERAL STUDY AND REPORT ON

2 ALTERNATIVE TECHNOLOGIES TO DECON3 TAMINATE GROUNDWATER AT DEPARTMENT

4 OF DEFENSE INSTALLATIONS.

5 (a) COMPTROLLER GENERAL STUDY.—The Comp6 troller General of the United States shall conduct a study

7 to determine whether or not cost-effective technologies are

8 available to the Department of Defense for the cleanup

9 of groundwater contamination at Department installations

10 in lieu of traditional methods, such as pump and treat,

11 that can be expensive and take many years to complete.

12 (b) ELEMENTS.—The study under subsection (a)

13 shall include the following:

14 (1) An identification of current technologies

15 being used or field tested by the Department to

16 treat groundwater at Department installations, in17 cluding the contaminants being addressed.

18 (2) An identification of cost-effective tech19 nologies described in that subsection that are cur20 rently under research, under development by com21 mercial vendors, or available commercially and being

22 used outside the Department and that have potential

23 for use by the Department to address the contami24 nants identified under paragraph (1).
†

67

S 2400 PP

1 (3) An evaluation of the potential benefits and

2 limitations of using the technologies identified under

3 paragraphs (1) and (2).

4 (4) A description of the barriers, such as cost,

5 capability, or legal restrictions, to using the tech6 nologies identified under paragraph (2).

7 (5) Any other matters the Comptroller General

8 considers appropriate.

9 (c) REPORT.—By April 1, 2005, the Comptroller

10 General shall submit to Congress a report on the study

11 under subsection (a). The report shall include the results

12 of the study and any recommendations, including rec13 ommendations for administrative or legislative action, that

14 the Comptroller General considers appropriate.

15 SEC. 327. SENSE OF SENATE ON PERCHLORATE CONTAMI16 NATION OF GROUND AND SURFACE WATER.

17 (a) FINDINGS.—The Senate makes the following

18 findings:

19 (1) Because finite water sources in the United

20 States are stretched by regional drought conditions

21 and increasing demand for water supplies, there is

22 increased need for safe and dependable supplies of

23 fresh water for drinking and use for agricultural

24 purposes.
†

68

S 2400 PP

1 (2) Perchlorate, a naturally occurring and man2 made compound with medical, commercial, and na3 tional defense applications, which has been used pri4 marily in military munitions and rocket fuels, has

5 been detected in fresh water sources intended for

6 use as drinking water and water necessary for the

7 production of agricultural commodities.

8 (3) If ingested in sufficient concentration and

9 in adequate duration, perchlorate may interfere with

10 thyroid metabolism, and this effect may impair the

11 normal development of the brain in fetuses and

12 newborns.

13 (4) The Federal Government has not yet estab14 lished a drinking water standard for perchlorate.

15 (5) The National Academy of Sciences is con16 ducting an assessment of the state of the science re17 garding the effects on human health of perchlorate

18 ingestion that will aid in understanding the effect of

19 perchlorate exposure on sensitive populations.

20 (b) SENSE OF SENATE.—It is the sense of the Senate

21 that—

22 (1) perchlorate has been identified as a con23 taminant of drinking water sources or in the envi24 ronment in 34 States and has been used or manu25 factured in 44 States;
†

69

S 2400 PP

1 (2) perchlorate exposure at or above a certain

2 level may adversely affect public health, particularly

3 the health of vulnerable and sensitive populations;

4 and

5 (3) the Department of Defense should—

6 (A) work to develop a national plan to re7 mediate perchlorate contamination of the envi8 ronment resulting from Department’s activities

9 to ensure the Department is prepared to re10 spond quickly and appropriately once a drinking

11 water standard is established;

12 (B) in cases in which the Department is

13 already remediating perchlorate contamination,

14 continue that remediation;

15 (C) prior to the development of a drinking

16 water standard for perchlorate, develop a plan

17 to remediate perchlorate contamination in cases

18 in which such contamination from the Depart19 ment’s activities is present in ground or surface

20 water at levels that pose a hazard to human

21 health; and

22 (D) continue the process of evaluating and

23 prioritizing sites without waiting for the devel24 opment of a Federal standard.
†

70

S 2400 PP

1 SEC. 328. AMOUNT FOR RESEARCH AND DEVELOPMENT

2 FOR IMPROVED PREVENTION OF LEISHMANI3 ASIS.

4 (a) INCREASE IN AMOUNT FOR DEFENSE HEALTH

5 PROGRAM.—The amount authorized to be appropriated by

6 section 303(a)(2) for the Defense Health Program for re7 search, development, test, and evaluation is hereby in8 creased by $500,000, with the amount of the increase to

9 be available for purposes relating to Leishmaniasis

10 Diagnostics Laboratory.

11 (b) INCREASE IN AMOUNT FOR RDT&E, ARMY FOR

12 LEISHMANIASIS TOPICAL TREATMENT.—The amount au13 thorized to be appropriated by section 201(1) for research,

14 development, test, and evaluation, Army, as increased by

15 subsection (b), is hereby further increased by $4,500,000,

16 with the amount of the increase to be available in Program

17 Element PE 0604807A for purposes relating to Leishma18 niasis Topical Treatment.

19 (c) OFFSET.—The amount authorized to be appro20 priated by section 421 is hereby reduced by $5,000,000,

21 with the amount of the reduction to be derived from excess

22 amounts provided for military personnel of the Air Force.
†

71

S 2400 PP

1 SEC. 329. REPORT REGARDING ENCROACHMENT ISSUES

2 AFFECTING UTAH TEST AND TRAINING

3 RANGE, UTAH.

4 (a) REPORT REQUIRED.—(1) The Secretary of the

5 Air Force shall prepare a report that outlines current and

6 anticipated encroachments on the use and utility of the

7 special use airspace of the Utah Test and Training Range

8 in the State of Utah, including encroachments brought

9 about through actions of other Federal agencies. The Sec10 retary shall include such recommendations as the Sec11 retary considers appropriate regarding any legislative ini12 tiatives necessary to address encroachment problems iden13 tified by the Secretary in the report.

14 (2) It is the sense of the Senate that such rec15 ommendations should be carefully considered for future

16 legislative action.

17 (b) SUBMISSION OF REPORT.—Not later than one

18 year after the date of the enactment of this Act, the Sec19 retary shall submit the report to the Committee on Armed

20 Services of the House of Representatives and the Com21 mittee on Armed Services of the Senate.

22 (c) PROHIBITION ON GROUND MILITARY OPER23 ATIONS.—Nothing in this section shall be construed to

24 permit a military operation to be conducted on the ground

25 in a covered wilderness study area in the Utah Test and

26 Training Range.
†

72

S 2400 PP

1 (d) COMMUNICATIONS AND TRACKING SYSTEMS.—

2 Nothing in this section shall be construed to prevent any

3 required maintenance of existing communications, instru4 mentation, or electronic tracking systems (or the infra5 structure supporting such systems) necessary for effective

6 testing and training to meet military requirements in the

7 Utah Test and Training Range.

8 Subtitle D—Depot-Level

9 Maintenance and Repair

10 SEC. 331. SIMPLIFICATION OF ANNUAL REPORTING RE11 QUIREMENTS CONCERNING FUNDS EX12 PENDED FOR DEPOT MAINTENANCE AND RE13 PAIR WORKLOADS.

14 (a) CONSOLIDATION AND REVISION OF DEPART15 MENTAL REPORTING REQUIREMENTS.—Section 2466(d)

16 of title 10, United States Code, is amended—

17 (1) in paragraph (1)—

18 (A) by striking ‘‘February 1’’ and inserting

19 ‘‘April 1’’; and

20 (B) by striking ‘‘the preceding two fiscal

21 years’’ and inserting ‘‘the preceding fiscal year

22 and are projected to be expended in the fiscal

23 year in which submitted and ensuing fiscal

24 years’’; and

25 (2) by striking paragraph (2).
†

73

S 2400 PP

1 (b) TIMING AND CONTENT OF GAO VIEWS.—Para2 graph (3) of such section—

3 (1) is redesignated as paragraph (2); and

4 (2) is amended—

5 (A) by striking ‘‘60 days’’ and inserting

6 ‘‘90 days’’; and

7 (B) by striking ‘‘whether—’’ and all that

8 follows and inserting the following: ‘‘whether

9 the Department of Defense has complied with

10 the requirements of subsection (a) for the fiscal

11 year preceding the fiscal year in which the re12 port is submitted and whether the expenditure

13 projections for the other fiscal years covered by

14 the report are reasonable.’’.

15 SEC. 332. REPEAL OF REQUIREMENT FOR ANNUAL REPORT

16 ON MANAGEMENT OF DEPOT EMPLOYEES.

17 (a) REPEAL.—Section 2472 of title 10, United States

18 Code, is amended by striking subsection (b).

19 (b) CONFORMING AMENDMENT.—Subsection (a) of

20 such section is amended by striking ‘‘(a) PROHIBITION ON

21 MANAGEMENT BY END STRENGTH.—’’.
†

74

S 2400 PP

1 SEC. 333. EXTENSION OF SPECIAL TREATMENT FOR CER2 TAIN EXPENDITURES INCURRED IN THE OP3 ERATION OF CENTERS OF INDUSTRIAL AND

4 TECHNICAL EXCELLENCE.

5 Section 2474(f)(1) of title 10, United States Code,

6 is amended by striking ‘‘through 2006’’ and inserting

7 ‘‘through 2009’’.

8 Subtitle E—Extensions of Program

9 Authorities

10 SEC. 341. TWO-YEAR EXTENSION OF DEPARTMENT OF DE11 FENSE TELECOMMUNICATIONS BENEFIT.

12 Section 344(c) of the National Defense Authorization

13 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.

14 1449) is amended by striking ‘‘September 30, 2004’’ and

15 inserting ‘‘September 30, 2006’’.

16 SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT

17 PROGRAM INITIATIVE.

18 Section 343 of the Floyd D. Spence National Defense

19 Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551

20 note) is amended—

21 (1) in subsection (a), by striking ‘‘2004’’ and

22 inserting ‘‘2006’’; and

23 (2) in subsection (g)—

24 (A) in paragraph (1), by striking ‘‘2004’’

25 and inserting ‘‘2006’’; and
†

75

S 2400 PP

1 (B) in paragraph (2), by striking ‘‘2003’’

2 and inserting ‘‘2005’’.

3 SEC. 343. REAUTHORIZATION OF WARRANTY CLAIMS RE4 COVERY PILOT PROGRAM.

5 Section 391(f) of the National Defense Authorization

6 Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C.

7 2304 note) is amended by striking ‘‘September 30, 2004’’

8 and inserting ‘‘September 30, 2006’’.

9 Subtitle F—Defense Dependents

10 Education

11 SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

12 THAT BENEFIT DEPENDENTS OF MEMBERS

13 OF THE ARMED FORCES AND DEPARTMENT

14 OF DEFENSE CIVILIAN EMPLOYEES.

15 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

16 PROGRAM FOR FISCAL YEAR 2005.—Of the amount au17 thorized to be appropriated pursuant to section 301(5) for

18 operation and maintenance for Defense-wide activities,

19 $30,000,000 shall be available only for the purpose of pro20 viding educational agencies assistance to local educational

21 agencies.

22 (b) NOTIFICATION.—Not later than June 30, 2005,

23 the Secretary of Defense shall notify each local edu24 cational agency that is eligible for educational agencies as25 sistance for fiscal year 2005 of—
†

76

S 2400 PP

1 (1) that agency’s eligibility for the assistance;

2 and

3 (2) the amount of the assistance for which that

4 agency is eligible.

5 (c) DISBURSEMENT OF FUNDS.—The Secretary of

6 Defense shall disburse funds made available under sub7 section (a) not later than 30 days after the date on which

8 notification to the eligible local educational agencies is

9 provided pursuant to subsection (b).

10 (d) DEFINITIONS.—In this section:

11 (1) The term ‘‘educational agencies assistance’’

12 means assistance authorized under section 386(b) of

13 the National Defense Authorization Act for Fiscal

14 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

15 note).

16 (2) The term ‘‘local educational agency’’ has

17 the meaning given that term in section 8013(9) of

18 the Elementary and Secondary Education Act of

19 1965 (20 U.S.C. 7713(9)).

20 (3) The term ‘‘basic support payment’’ means

21 a payment authorized under section 8003(b)(1) of

22 the Elementary and Secondary Education Act of

23 1965 (20 U.S.C. 7703(b)(1)).
†

77

S 2400 PP

1 SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DIS2 ABILITIES.

3 Of the amount authorized to be appropriated pursu4 ant to section 301(5) for operation and maintenance for

5 Defense-wide activities, $5,000,000 shall be available for

6 payments under section 363 of the Floyd D. Spence Na7 tional Defense Authorization Act for Fiscal Year 2001 (as

8 enacted into law by Public Law 106–398; 114 Stat.

9 1654A–77; 20 U.S.C. 7703a).

10 SEC. 353. SENSE OF THE SENATE REGARDING THE IMPACT

11 OF THE PRIVATIZATION OF MILITARY HOUS12 ING ON LOCAL SCHOOLS.

13 (a) FINDINGS.—The Senate finds the following:

14 (1) There are approximately 750,000 school15 aged children of members of the active duty Armed

16 Forces in the United States.

17 (2) Approximately 650,000 of those students

18 are currently being served in public schools across

19 the United States.

20 (3) The Department of Defense has embarked

21 on military housing privatization initiatives using

22 authorities provided in subchapter IV of chapter 169

23 of part IV of subtitle A of title 10, United States

24 Code, which will result in the improvement or re25 placement of 120,000 military family housing units

26 in the United States.
†

78

S 2400 PP

1 (4) The Secretary of each military department

2 is authorized to include the construction of new

3 school facilities in agreements carried out under sub4 chapter IV of chapter 169 of part IV of subtitle A

5 of title 10, United States Code.

6 (b) SENSE OF THE SENATE.—It is the sense of the

7 Senate that the Department of Defense should support the

8 construction of schools in housing privatization agree9 ments that severely impact student populations.

10 Subtitle G—Other Matters

11 SEC. 361. CHARGES FOR DEFENSE LOGISTICS INFORMA12 TION SERVICES MATERIALS.

13 (a) AUTHORITY.—Subchapter I of chapter 8 of title

14 10, United States Code, is amended by adding at the end

15 the following new section:

16 ‘‘§ 197. Defense Logistics Agency: fees charged for lo17 gistics information

18 ‘‘(a) AUTHORITY.—The Secretary of Defense may

19 charge fees for providing information in the Federal Lo20 gistics Information System through Defense Logistics In21 formation Services to a department or agency of the exec22 utive branch outside the Department of Defense, or to a

23 State, a political subdivision of a State, or any person.

24 ‘‘(b) AMOUNT.—The fee or fees prescribed under sub25 section (a) shall be such amount or amounts as the Sec-
†

79

S 2400 PP

1 retary of Defense determines appropriate for recovering

2 the costs of providing information as described in such

3 subsection.

4 ‘‘(c) RETENTION OF FEES.—Fees collected under

5 this section shall be credited to the appropriation available

6 for Defense Logistics Information Services for the fiscal

7 year in which collected, shall be merged with other sums

8 in such appropriation, and shall be available for the same

9 purposes and period as the appropriation with which

10 merged.

11 ‘‘(d) DEFENSE LOGISTICS INFORMATION SERVICES

12 DEFINED.—In this section, the term ‘Defense Logistics

13 Information Services’ means the organization within the

14 Defense Logistics Agency that is known as Defense Logis15 tics Information Services.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of such subchapter is amended by adding

18 at the end the following new item:

‘‘197. Defense Logistics Agency: fees charged for logistics information.’’.

19 SEC. 362. TEMPORARY AUTHORITY FOR CONTRACTOR PER20 FORMANCE OF SECURITY-GUARD FUNC21 TIONS.

22 (a) CONDITIONAL EXTENSION OF AUTHORITY.—

23 Subsection (c) of section 332 of the Bob Stump National

24 Defense Authorization Act for Fiscal Year 2003 (Public

25 Law 107–314; 116 Stat. 2513) is amended—
†

80

S 2400 PP

1 (1) by inserting ‘‘(1)’’ after ‘‘AUTHORITY.—’’;

2 and

3 (2) by striking ‘‘at the end of the three-year pe4 riod’’ and all that follows through the period at the

5 end and inserting ‘‘at the end of September 30,

6 2006, except that such authority shall not be in ef7 fect under this section for any period after Decem8 ber 1, 2004, during which the Secretary has failed

9 to comply with the requirement to submit the plan

10 under subsection (d)(2).

11 ‘‘(2) No security-guard functions may be performed

12 under any contract entered into using the authority pro13 vided under this section during any period for which the

14 authority for contractor performance of security-guard

15 functions under this section is not in effect.

16 ‘‘(3) The term of any contract entered into using the

17 authority provided under this section may not extend be18 yond the date of the expiration of authority under para19 graph (1).’’.

20 (b) REAFFIRMATION AND REVISION OF REPORTING

21 REQUIREMENT.—Subsection (d) of such section is

22 amended—

23 (1) by striking ‘‘180 days after the date of the

24 enactment of this Act,’’ and inserting ‘‘December 1,

25 2004,’’;
†

81

S 2400 PP

1 (2) by redesignating paragraphs (1) and (2) as

2 paragraphs (2) and (4), respectively;

3 (3) by inserting after ‘‘shall—’’ the following

4 new paragraph:

5 ‘‘(1) identify each contract for the performance

6 of security-guard functions entered into pursuant to

7 the authority in subsection (a) on or before Sep8 tember 30, 2004, including information regarding—

9 ‘‘(A) each installation at which such secu10 rity-guard functions are performed or are to be

11 performed;

12 ‘‘(B) the period and amount of such con13 tract;

14 ‘‘(C) the number of security guards em15 ployed or to be employed under such contract;

16 and

17 ‘‘(D) the actions taken or to be taken with18 in the Department of Defense to ensure that

19 the conditions applicable under paragraph (1)

20 of subsection (a) or determined under para21 graph (2) of such subsection are satisfied;’’;

22 (4) by striking ‘‘and’’ at the end of paragraph

23 (2), as redesignated by paragraph (2); and

24 (5) by inserting after paragraph (2), as so re25 designated, the following new paragraph:
†

82

S 2400 PP

1 ‘‘(3) identify any limitation or constraint on the

2 end strength of the civilian workforce of the Depart3 ment of Defense that makes it difficult to meet re4 quirements identified under paragraph (2) by hiring

5 personnel as civilian employees of the Department of

6 Defense; and’’.

7 SEC. 363. PILOT PROGRAM FOR PURCHASE OF CERTAIN

8 MUNICIPAL SERVICES FOR DEPARTMENT OF

9 DEFENSE INSTALLATIONS.

10 (a) AUTHORITY.—The Secretary of Defense may

11 carry out a pilot program to provide for the purchase of

12 certain services needed for a Department of Defense in13 stallation from a county or municipality where the instal14 lation is located.

15 (b) PURPOSE OF PROGRAM.—The purpose of the

16 pilot program is to provide the Secretary with a basis for

17 evaluating the efficacy of purchasing public works, utility,

18 and other services needed for Department of Defense in19 stallations from counties or municipalities where the in20 stallations are located.

21 (c) SERVICES AUTHORIZED FOR PROCUREMENT.—

22 Only the following services may be purchased for a partici23 pating installation under the pilot program:

24 (1) Refuse collection.

25 (2) Refuse disposal.
†

83

S 2400 PP

1 (3) Library services.

2 (4) Recreation services.

3 (5) Facility maintenance and repair.

4 (6) Utilities.

5 (d) PROGRAM INSTALLATIONS.—The Secretary of

6 each military department may designate under this section

7 not more than two installations of such military depart8 ment for participation in the pilot program. Only installa9 tions located in the United States are eligible for designa10 tion under this subsection.

11 (e) REPORT.—Not later than February 1, 2010, the

12 Secretary of Defense shall submit to Congress a report

13 on any pilot program carried out under this section. The

14 report shall include—

15 (1) the Secretary’s evaluation of the efficacy of

16 purchasing public works, utility, and other services

17 for Department of Defense installations from coun18 ties or municipalities where the installations are lo19 cated; and

20 (2) any recommendations that the Secretary

21 considers appropriate regarding authority to make

22 such purchases.

23 (f) PERIOD OF PILOT PROGRAM.—The pilot program

24 may be carried out during fiscal years 2005 through 2010.
†

84

S 2400 PP

1 SEC. 364. CONSOLIDATION AND IMPROVEMENT OF AU2 THORITIES FOR ARMY WORKING-CAPITAL

3 FUNDED FACILITIES TO ENGAGE IN PUBLIC4 PRIVATE PARTNERSHIPS.

5 (a) PUBLIC-PRIVATE PARTNERSHIPS AUTHOR6 IZED.—Chapter 433 of title 10, United States Code, is

7 amended by adding at the end the following new section:

8 ‘‘§ 4544. Army industrial facilities: public-private

9 partnerships

10 ‘‘(a) PUBLIC-PRIVATE PARTNERSHIPS AUTHOR11 IZED.—A working-capital funded Army industrial facility

12 may enter into cooperative arrangements with non-Army

13 entities to carry out military or commercial projects with

14 the non-Army entities. A cooperative arrangement under

15 this section shall be known as a ‘public-private partner16 ship’.

17 ‘‘(b) AUTHORIZED PARTNERSHIP ACTIVITIES.—A

18 public-private partnership entered into by an Army indus19 trial facility may provide for any of the following activities:

20 ‘‘(1) The sale of articles manufactured by the

21 facility or services performed by the facility to per22 sons outside the Department of Defense.

23 ‘‘(2) The performance of—

24 ‘‘(A) work by a non-Army entity at the fa25 cility; or
†

85

S 2400 PP

1 ‘‘(B) work for a non-Army entity by the

2 facility.

3 ‘‘(3) The sharing of work by the facility and

4 one or more non-Army entities.

5 ‘‘(4) The leasing, or use under a facilities use

6 contract or otherwise, of the facility (including ex7 cess capacity) or equipment (including excess equip8 ment) of the facility by a non-Army entity.

9 ‘‘(5) The preparation and submission of joint

10 offers by the facility and one or more non-Army en11 tities for competitive procurements entered into with

12 a department or agency of the United States.

13 ‘‘(c) CONDITIONS FOR PUBLIC-PRIVATE PARTNER14 SHIPS.—An activity described in subsection (b) may be

15 carried out as a public-private partnership at an Army in16 dustrial facility only under the following conditions:

17 ‘‘(1) In the case of an article to be manufac18 tured or services to be performed by the facility, the

19 articles can be substantially manufactured, or the

20 services can be substantially performed, by the facil21 ity without subcontracting for more than incidental

22 performance.

23 ‘‘(2) The activity does not interfere with per24 formance of—
†

86

S 2400 PP

1 ‘‘(A) work by the facility for the Depart2 ment of Defense; or

3 ‘‘(B) a military mission of the facility.

4 ‘‘(3) The activity meets one of the following ob5 jectives:

6 ‘‘(A) Maximize utilization of the capacity

7 of the facility.

8 ‘‘(B) Reduction or elimination of the cost

9 of ownership of the facility.

10 ‘‘(C) Reduction in the cost of manufac11 turing or maintaining Department of Defense

12 products at the facility.

13 ‘‘(D) Preservation of skills or equipment

14 related to a core competency of the facility.

15 ‘‘(4) The non-Army entity partner or purchaser

16 agrees to hold harmless and indemnify the United

17 States from any liability or claim for damages or in18 jury to any person or property arising out of the ac19 tivity, including any damages or injury arising out

20 of a decision by the Secretary of the Army or the

21 Secretary of Defense to suspend or terminate an ac22 tivity, or any portion thereof, during a war or na23 tional emergency or to require the facility to perform

24 other work or provide other services on a priority

25 basis, except—
†

87

S 2400 PP

1 ‘‘(A) in any case of willful misconduct or

2 gross negligence; and

3 ‘‘(B) in the case of a claim by a purchaser

4 of articles or services under this section that

5 damages or injury arose from the failure of the

6 Government to comply with quality, schedule, or

7 cost performance requirements in the contract

8 to carry out the activity.

9 ‘‘(d) METHODS OF PUBLIC-PRIVATE PARTNER10 SHIPS.—To conduct an activity of a public-private part11 nership under this section, the approval authority de12 scribed in subsection (f) for an Army industrial facility

13 may, in the exercise of good business judgment—

14 ‘‘(1) enter into a firm, fixed-price contract (or,

15 if agreed to by the purchaser, a cost reimbursement

16 contract) for a sale of articles or services or use of

17 equipment or facilities;

18 ‘‘(2) enter into a multiyear partnership contract

19 for a period not to exceed five years, unless a longer

20 period is specifically authorized by law;

21 ‘‘(3) charge a partner the amounts necessary to

22 recover the full costs of the articles or services pro23 vided, including capital improvement costs, and

24 equipment depreciation costs associated with pro25 viding the articles, services, equipment, or facilities;
†

88

S 2400 PP

1 ‘‘(4) authorize a partner to use incremental

2 funding to pay for the articles, services, or use of

3 equipment or facilities; and

4 ‘‘(5) accept payment-in-kind.

5 ‘‘(e) DEPOSIT OF PROCEEDS.—(1) The proceeds of

6 sales of articles and services received in connection with

7 the use of an Army industrial facility under this section

8 shall be credited to the appropriation or working-capital

9 fund that incurs the variable costs of manufacturing the

10 articles or performing the services. Notwithstanding sec11 tion 3302(b) of title 31, the amount so credited with re12 spect to an Army industrial facility shall be available,

13 without further appropriation, as follows:

14 ‘‘(A) Amounts equal to the amounts of the vari15 able costs so incurred shall be available for the same

16 purposes as the appropriation or working-capital

17 fund to which credited.

18 ‘‘(B) Amounts in excess of the amounts of the

19 variable costs so incurred shall be available for oper20 ations, maintenance, and environmental restoration

21 at that Army industrial facility.

22 ‘‘(2) Amounts credited to a working-capital fund

23 under paragraph (1) shall remain available until expended.

24 Amounts credited to an appropriation under paragraph
†

89

S 2400 PP

1 (1) shall remain available for the same period as the ap2 propriation to which credited.

3 ‘‘(f) APPROVAL OF SALES.—The authority of an

4 Army industrial facility to conduct a public-private part5 nership under this section shall be exercised at the level

6 of the commander of the major subordinate command of

7 the Army that has responsibility for the facility. The com8 mander may approve such partnership on a case basis or

9 a class basis.

10 ‘‘(g) COMMERCIAL SALES.—Except in the case of

11 work performed for the Department of Defense, for a con12 tract of the Department of Defense, for foreign military

13 sales, or for authorized foreign direct commercial sales

14 (defense articles or defense services sold to a foreign gov15 ernment or international organization under export con16 trols), a sale of articles or services may be made under

17 this section only if the approval authority described in sub18 section (f) determines that the articles or services are not

19 available from a commercial source located in the United

20 States in the required quantity or quality, or within the

21 time required.

22 ‘‘(h) EXCLUSION FROM DEPOT-LEVEL MAINTE23 NANCE AND REPAIR PERCENTAGE LIMITATION.—

24 Amounts expended for depot-level maintenance and repair

25 workload by non-Federal personnel at an Army industrial
†

90

S 2400 PP

1 facility shall not be counted for purposes of applying the

2 percentage limitation in section 2466(a) of this title if the

3 personnel are provided by a non-Army entity pursuant to

4 a public-private partnership established under this section.

5 ‘‘(i) RELATIONSHIP TO OTHER LAWS.—Nothing in

6 this section shall be construed to affect the application

7 of—

8 ‘‘(1) foreign military sales and the export con9 trols provided for in sections 30 and 38 of the Arms

10 Export Control Act (22 U.S.C. 2770 and 2778) to

11 activities of a public-private partnership under this

12 section; and

13 ‘‘(2) section 2667 of this title to leases of non14 excess property in the administration of a public-pri15 vate partnership under this section.

16 ‘‘(j) DEFINITIONS.—In this section:

17 ‘‘(1) The term ‘Army industrial facility’ in18 cludes an ammunition plant, an arsenal, a depot,

19 and a manufacturing plant.

20 ‘‘(2) The term ‘non-Army entity’ includes the

21 following:

22 ‘‘(A) An executive agency.

23 ‘‘(B) An entity in industry or commercial

24 sales.
†

91

S 2400 PP

1 ‘‘(C) A State or political subdivision of a

2 State.

3 ‘‘(D) An institution of higher education or

4 vocational training institution.

5 ‘‘(3) The term ‘incremental funding’ means a

6 series of partial payments that—

7 ‘‘(A) are made as the work on manufacture

8 or articles is being performed or services are

9 being performed or equipment or facilities are

10 used, as the case may be; and

11 ‘‘(B) result in full payment being com12 pleted as the required work is being completed.

13 ‘‘(4) The term ‘full costs’, with respect to arti14 cles or services provided under this section, means

15 the variable costs and the fixed costs that are di16 rectly related to the production of the articles or the

17 provision of the services.

18 ‘‘(5) The term ‘variable costs’ means the costs

19 that are expected to fluctuate directly with the vol20 ume of sales or services provided or the use of equip21 ment or facilities.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of such chapter is amended by adding

24 at the end the following new item:

‘‘4544. Army industrial facilities: public-private partnerships.’’.
†

92

S 2400 PP

1 SEC. 365. PROGRAM TO COMMEMORATE 60TH ANNIVER2 SARY OF WORLD WAR II.

3 (a) IN GENERAL.—For fiscal year 2005, the Sec4 retary of Defense may conduct a program—

5 (1) to commemorate the 60th anniversary of

6 World War II; and

7 (2) to coordinate, support, and facilitate other

8 such commemoration programs and activities of the

9 Federal Government, State and local governments,

10 and other persons.

11 (b) PROGRAM ACTIVITIES.—The program referred to

12 in subsection (a) may include activities and ceremonies—

13 (1) to provide the people of the United States

14 with a clear understanding and appreciation of the

15 lessons and history of World War II;

16 (2) to thank and honor veterans of World War

17 II and their families;

18 (3) to pay tribute to the sacrifices and contribu19 tions made on the home front by the people of the

20 United States;

21 (4) to foster an awareness in the people of the

22 United States that World War II was the central

23 event of the 20th century that defined the postwar

24 world;
†

93

S 2400 PP

1 (5) to highlight advances in technology, science,

2 and medicine related to military research conducted

3 during World War II;

4 (6) to inform wartime and postwar generations

5 of the contributions of the Armed Forces of the

6 United States to the United States;

7 (7) to recognize the contributions and sacrifices

8 made by World War II allies of the United States;

9 and

10 (8) to highlight the role of the Armed Forces of

11 the United States, then and now, in maintaining

12 world peace through strength.

13 (c) ESTABLISHMENT OF ACCOUNT.—(1) There is es14 tablished in the Treasury of the United States an account

15 to be known as the ‘‘Department of Defense 60th Anniver16 sary of World War II Commemoration Account’’ which

17 shall be administered by the Secretary as a single account.

18 (2) There shall be deposited in the account, from

19 amounts appropriated to the Department of Defense for

20 operation and maintenance of Defense Agencies, such

21 amounts as the Secretary considers appropriate to conduct

22 the program referred to in subsection (a).

23 (3) The Secretary may use the funds in the account

24 established in paragraph (1) only for the purpose of con25 ducting the program referred to in subsection (a).
†

94

S 2400 PP

1 (4) Not later than 60 days after the termination of

2 the authority of the Secretary to conduct the program re3 ferred to in subsection (a), the Secretary shall transmit

4 to the Committees on Armed Services of the Senate and

5 House of Representatives a report containing an account6 ing of all the funds deposited into and expended from the

7 account or otherwise expended under this section, and of

8 any amount remaining in the account. Unobligated funds

9 which remain in the account after termination of the au10 thority of the Secretary under this section shall be held

11 in the account until transferred by law after the Commit12 tees receive the report.

13 (d) ACCEPTANCE OF VOLUNTARY SERVICES.—(1)

14 Notwithstanding section 1342 of title 31, United States

15 Code, the Secretary may accept from any person voluntary

16 services to be provided in furtherance of the program re17 ferred to in subsection (a).

18 (2) A person providing voluntary services under this

19 subsection shall be considered to be an employee for the

20 purposes of chapter 81 of title 5, United States Code, re21 lating to compensation for work-related injuries. Such a

22 person who is not otherwise employed by the Federal Gov23 ernment shall not be considered to be a Federal employee

24 for any other purposes by reason of the provision of such

25 service.
†

95

S 2400 PP

1 (3) The Secretary may reimburse a person providing

2 voluntary services under this subsection for incidental ex3 penses incurred by such person in providing such services.

4 The Secretary shall determine which expenses are eligible

5 for reimbursement under this paragraph.

6 SEC. 366. MEDIA COVERAGE OF THE RETURN TO THE

7 UNITED STATES OF THE REMAINS OF DE8 CEASED MEMBERS OF THE ARMED FORCES

9 FROM OVERSEAS.

10 (a) FINDINGS.—Congress makes the following find11 ings:

12 (1) The Department of Defense, since 1991,

13 has relied on a policy of no media coverage of the

14 transfers of the remains of members Ramstein Air

15 Force Base, Germany, nor at Dover Air Force Base,

16 Delaware, and the Port Mortuary Facility at Dover

17 Air Force Base, nor at interim stops en route to the

18 point of final destination in the transfer of the re19 mains.

20 (2) The principal focus and purpose of the pol21 icy is to protect the wishes and the privacy of fami22 lies of deceased members of the Armed Forces dur23 ing their time of great loss and grief and to give

24 families and friends of the dead the privilege to de25 cide whether to allow media coverage at the mem-
†

96

S 2400 PP

1 ber’s duty or home station, at the interment site, or

2 at or in connection with funeral and memorial serv3 ices.

4 (3) In a 1991 legal challenge to the Depart5 ment of Defense policy, as applied during Operation

6 Desert Storm, the policy was upheld by the United

7 States District Court for the District of Columbia,

8 and on appeal, by the United States Court of Ap9 peals for the District of Columbia in the case of JB

10 Pictures, Inc. v. Department of Defense and Donald

11 B. Rice, Secretary of the Air Force on the basis that

12 denying the media the right to view the return of re13 mains at Dover Air Force Base does not violate the

14 first amendment guarantees of freedom of speech

15 and of the press.

16 (4) The United States Court of Appeals for the

17 District of Columbia in that case cited the following

18 two key Government interests that are served by the

19 Department of Defense policy:

20 (A) Reducing the hardship on the families

21 and friends of the war dead, who may feel obli22 gated to travel great distances to attend arrival

23 ceremonies at Dover Air Force Base if such

24 ceremonies were held.
†

97

S 2400 PP

1 (B) Protecting the privacy of families and

2 friends of the dead, who may not want media

3 coverage of the unloading of caskets at Dover

4 Air Force Base.

5 (5) The Court also noted, in that case, that the

6 bereaved may be upset at the public display of the

7 caskets of their loved ones and that the policy gives

8 the family the right to grant or deny access to the

9 media at memorial or funeral services at the home

10 base and that the policy is consistent in its concern

11 for families.

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Department of Defense policy regarding no

14 media coverage of the transfer of the remains of deceased

15 members of the Armed Forces appropriately protects the

16 privacy of the members’ families and friends of and is con17 sistent with United States constitutional guarantees of

18 freedom of speech and freedom of the press.

19 SEC. 367. TRACKING AND CARE OF MEMBERS OF THE

20 ARMED FORCES WHO ARE INJURED IN COM21 BAT.

22 (a) FINDINGS.—The Senate makes the following

23 findings:

24 (1) Members of the Armed Forces of the

25 United States place themselves in harm’s way in the
†

98

S 2400 PP

1 defense of democratic values and to keep the United

2 States safe.

3 (2) This call to duty has resulted in the ulti4 mate sacrifice of members of the Armed Forces of

5 the United States who are killed or critically injured

6 while serving the United States.

7 (b) SENSE OF SENATE.—It is the sense of the

8 Senate—

9 (1) to honor the sacrifice of the members of the

10 Armed Forces who have been killed or critically

11 wounded while serving the United States;

12 (2) to recognize the heroic efforts of the med13 ical personnel of the Armed Forces in treating

14 wounded military personnel and civilians; and

15 (3) to support advanced medical technologies

16 that assist the medical personnel of the Armed

17 Forces in saving lives and reducing disability rates

18 for members of the Armed Forces.

19 (c) POLICY ON TRACKING OF WOUNDED FROM COM20 BAT ZONES.—(1) Not later than 120 days after the date

21 of the enactment of this Act, the Secretary of Defense

22 shall—

23 (A) prescribe the policy of the Department of

24 Defense for providing timely notification to the next

25 of kin of the status, including health and location,
†

99

S 2400 PP

1 of members of the Armed Forces who are seriously

2 ill or injured in a combat zone; and

3 (B) transmit to the Committees on Armed

4 Services of the Senate and House of Representatives

5 a copy of the policy prescribed under subparagraph

6 (A).

7 (2) The policy prescribed under paragraph (1) shall

8 ensure respect for the expressed desires of individual mem9 bers of the Armed Forces regarding notification of next

10 of kin under the policy, and shall also include standards

11 of timeliness for the initial and continuing notification of

12 next of kin under the policy.

13 (d) FUNDING FOR MEDICAL EQUIPMENT AND COM14 BAT CASUALTY TECHNOLOGIES.—(1) The amount au15 thorized to be appropriated by section 201(4) for research,

16 development, test, and evaluation, Defense-wide activities,

17 is hereby increased by $10,000,000, with the amount of

18 the increase to be allocated to Program Element

19 PE 0603826D8Z.

20 (2) Of the amount authorized to be appropriated by

21 section 201(4) for research, development, test, and evalua22 tion, Defense-wide activities, and allocated to Program

23 Element PE 0603826D8Z, as provided by paragraph (1),

24 $10,000,000 may be available for medical equipment and

25 combat casualty care technologies.
†

100

S 2400 PP

1 (e) OFFSET.—The amount authorized to be appro2 priated by section 421 is hereby reduced by $10,000,000,

3 with the amount of the reduction to be derived from excess

4 amounts provided for military personnel of the Air Force.

5 TITLE IV—MILITARY

6 PERSONNEL AUTHORIZATIONS

7 Subtitle A—Active Forces

8 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

9 The Armed Forces are authorized strengths for active

10 duty personnel as of September 30, 2005, as follows:

11 (1) The Army, 502,400, subject to the condi12 tion that costs of active duty personnel of the Army

13 in excess of 482,400 shall be paid out of funds au14 thorized to be appropriated for fiscal year 2005 for

15 a contingent emergency reserve fund or as an emer16 gency supplemental appropriation.

17 (2) The Navy, 365,900.

18 (3) The Marine Corps, 175,000.

19 (4) The Air Force, 359,700.

20 SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF

21 ARMY ACTIVE DUTY PERSONNEL END

22 STRENGTHS FOR FISCAL YEARS 2005

23 THROUGH 2009.

24 (a) AUTHORITY.—During fiscal years 2005 through

25 2009, the Secretary of Defense is authorized to increase
†

101

S 2400 PP

1 by up to 30,000 the end strength authorized for the Army

2 for such fiscal year under section 115(a)(1)(A) of title 10,

3 United States Code, as necessary to support the oper4 ational mission of the Army in Iraq and Afghanistan and

5 to achieve transformational reorganization objectives of

6 the Army, including objectives for increased numbers of

7 combat brigades, unit manning, force stabilization and

8 shaping, and rebalancing of the active and reserve compo9 nent forces of the Army.

10 (b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU11 THORITY.—Nothing in this section shall be construed to

12 limit the President’s authority under section 123a of title

13 10, United States Code, to waive any statutory end

14 strength in a time of war or national emergency.

15 (c) RELATIONSHIP TO OTHER VARIANCE AUTHOR16 ITY.—The authority under subsection (a) is in addition

17 to the authority to vary authorized end strengths that is

18 provided in subsections (e) and (f) of section 115 of title

19 10, United States Code.

20 (d) BUDGET TREATMENT.—If the Secretary of De21 fense plans to increase the Army active duty end strength

22 for a fiscal year under subsection (a) of this section or

23 pursuant to a suspension of end-strength limitation under

24 section 123a of title 10, United States Code, then the

25 budget for the Department of Defense for such fiscal year
†

102

S 2400 PP

1 as submitted to Congress shall specify the amounts nec2 essary for funding the active duty end strength of the

3 Army in excess of 482,400 (the end strength authorized

4 for active duty personnel of the Army for fiscal year 2004

5 in section 401(1) of the National Defense Authorization

6 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.

7 1450)).

8 SEC. 403. EXCLUSION OF SERVICE ACADEMY PERMANENT

9 AND CAREER PROFESSORS FROM A LIMITA10 TION ON CERTAIN OFFICER GRADE

11 STRENGTHS.

12 Section 523(b) of title 10, United States Code, is

13 amended by adding at the end the following new para14 graph:

15 ‘‘(8) Up to 50 permanent professors of each of

16 the United States Military Academy and the United

17 States Air Force Academy, and up to 50 professors

18 of the United States Naval Academy who are career

19 military professors (as defined in regulations pre20 scribed by the Secretary of the Navy).’’.

21 Subtitle B—Reserve Forces

22 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

23 (a) IN GENERAL.—The Armed Forces are authorized

24 strengths for Selected Reserve personnel of the reserve

25 components as of September 30, 2005, as follows:
†

103

S 2400 PP

1 (1) The Army National Guard of the United

2 States, 350,000.

3 (2) The Army Reserve, 205,000.

4 (3) The Naval Reserve, 83,400.

5 (4) The Marine Corps Reserve, 39,600.

6 (5) The Air National Guard of the United

7 States, 106,800.

8 (6) The Air Force Reserve, 76,100.

9 (7) The Coast Guard Reserve, 10,000.

10 (b) ADJUSTMENTS.—The end strengths prescribed by

11 subsection (a) for the Selected Reserve of any reserve com12 ponent shall be proportionately reduced by—

13 (1) the total authorized strength of units orga14 nized to serve as units of the Selected Reserve of

15 such component which are on active duty (other

16 than for training) at the end of the fiscal year; and

17 (2) the total number of individual members not

18 in units organized to serve as units of the Selected

19 Reserve of such component who are on active duty

20 (other than for training or for unsatisfactory partici21 pation in training) without their consent at the end

22 of the fiscal year.

23 Whenever such units or such individual members are re24 leased from active duty during any fiscal year, the end

25 strength prescribed for such fiscal year for the Selected
†

104

S 2400 PP

1 Reserve of such reserve component shall be proportion2 ately increased by the total authorized strengths of such

3 units and by the total number of such individual members.

4 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

5 DUTY IN SUPPORT OF THE RESERVES.

6 Within the end strengths prescribed in section

7 411(a), the reserve components of the Armed Forces are

8 authorized, as of September 30, 2005, the following num9 ber of Reserves to be serving on full-time active duty or

10 full-time duty, in the case of members of the National

11 Guard, for the purpose of organizing, administering, re12 cruiting, instructing, or training the reserve components:

13 (1) The Army National Guard of the United

14 States, 26,602.

15 (2) The Army Reserve, 14,970.

16 (3) The Naval Reserve, 14,152.

17 (4) The Marine Corps Reserve, 2,261.

18 (5) The Air National Guard of the United

19 States, 12,253.

20 (6) The Air Force Reserve, 1,900.

21 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

22 (DUAL STATUS).

23 The minimum number of military technicians (dual

24 status) as of the last day of fiscal year 2005 for the re25 serve components of the Army and the Air Force (notwith-
†

105

S 2400 PP

1 standing section 129 of title 10, United States Code) shall

2 be the following:

3 (1) For the Army Reserve, 7,299.

4 (2) For the Army National Guard of the United

5 States, 25,076.

6 (3) For the Air Force Reserve, 9,954.

7 (4) For the Air National Guard of the United

8 States, 22,956.

9 SEC. 414. FISCAL YEAR 2005 LIMITATIONS ON NON-DUAL

10 STATUS TECHNICIANS.

11 (a) LIMITATIONS.—(1) Within the limitation pro12 vided in section 10217(c)(2) of title 10, United States

13 Code, the number of non-dual status technicians employed

14 by the National Guard as of September 30, 2005, may

15 not exceed the following:

16 (A) For the Army National Guard of the

17 United States, 1,600.

18 (B) For the Air National Guard of the United

19 States, 350.

20 (2) The number of non-dual status technicians em21 ployed by the Army Reserve as of September 30, 2005,

22 may not exceed 795.

23 (3) The number of non-dual status technicians em24 ployed by the Air Force Reserve as of September 30,

25 2005, may not exceed 90.
†

106

S 2400 PP

1 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In

2 this section, the term ‘‘non-dual status technician’’ has the

3 meaning given the term in section 10217(a) of title 10,

4 United States Code.

5 SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS

6 RESERVE OFFICERS IN ACTIVE STATUS IN

7 GRADES BELOW GENERAL OFFICER.

8 (a) INCREASED STRENGTHS FOR FIELD GRADE AND

9 COMPANY GRADE OFFICERS.—Section 12005(c)(1), of

10 title 10, United States Code, is amended by amending the

11 table 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.’’.

12 (b) EFFECTIVE DATE.—The amendment made by

13 subsection (a) shall take effect on October 1, 2004.

14 Subtitle C—Authorizations of

15 Appropriations

16 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI17 TARY PERSONNEL.

18 There is hereby authorized to be appropriated to the

19 Department of Defense for military personnel for fiscal

20 year 2005 a total of $104,535,458,000. The authorization

21 in the preceding sentence supersedes any other authoriza-
†

107

S 2400 PP

1 tion of appropriations (definite or indefinite) for such pur2 pose for fiscal year 2005.

3 SEC. 422. ARMED FORCES RETIREMENT HOME.

4 There is hereby authorized to be appropriated for fis5 cal year 2005 from the Armed Forces Retirement Home

6 Trust Fund the sum of $61,195,000 for the operation of

7 the Armed Forces Retirement Home.

8 TITLE V—MILITARY PERSONNEL

9 POLICY

10 Subtitle A—Joint Officer Personnel

11 Management

12 SEC. 501. MODIFICATION OF CONDITIONS OF ELIGIBILITY

13 FOR WAIVER OF JOINT DUTY CREDIT RE14 QUIREMENT FOR PROMOTION TO GENERAL

15 OR FLAG OFFICER.

16 (a) CAREER FIELD SPECIALTIES WITH NO JOINT

17 REQUIREMENTS.—Paragraph (2) of section 619a(b) of

18 title 10, United States Code, is amended by striking ‘‘sci19 entific and technical qualifications’’ and inserting ‘‘career

20 field specialty qualifications’’.

21 (b) OFFICERS SELECTED FOR PROMOTION WHILE IN

22 JOINT DUTY ASSIGNMENT.—Paragraph (4) of such sec23 tion is amended by striking ‘‘if—’’ and all that follows

24 and inserting ‘‘if the officer’s total consecutive service in

25 joint duty assignments meets the requirements of section
†

108

S 2400 PP

1 664 of this title for credit for having completed a full tour

2 of duty in a joint duty assignment.’’.

3 SEC. 502. MANAGEMENT OF JOINT SPECIALTY OFFICERS.

4 (a) EDUCATION AND EXPERIENCE REQUIRE5 MENTS.—(1) Subsection (c) of section 661 of title 10,

6 United States Code, is amended by striking paragraph (1)

7 and inserting the following: ‘‘(1) An officer shall have the

8 joint specialty (and shall be designated with a joint spe9 cialty officer identifier) upon—

10 ‘‘(A) successfully completing (in any se11 quence)—

12 ‘‘(i) a program accredited by Chairman of

13 the Joint Chiefs of Staff that is presented by

14 a joint professional military education institu15 tion; and

16 ‘‘(ii) a full tour of duty in a joint duty as17 signment; or

18 ‘‘(B) completing two full tours of duty in joint

19 duty assignments.’’.

20 (2) Subsection (c) of such section is further

21 amended—

22 (A) by striking paragraphs (2) and (3); and

23 (B) by redesignating paragraph (4) as para24 graph (2).
†

109

S 2400 PP

1 (b) DESIGNATION OF JOINT SPECIALTY GENERAL

2 AND FLAG OFFICER POSITIONS.—Section 661 of such

3 title is further amended—

4 (1) by redesignating subsection (f) as sub5 section (g); and

6 (2) by inserting after subsection (e) the fol7 lowing new subsection (f):

8 ‘‘(f) JOINT SPECIALTY OFFICER DESIGNATION FOR

9 GENERAL AND FLAG POSITIONS.—(1) The Secretary of

10 Defense shall ensure that the general and flag officer posi11 tions required to be filled by officers with the joint spe12 cialty as joint duty assignments are designated as such.

13 ‘‘(2) An officer without the joint specialty may be as14 signed to a position designated under paragraph (1) only

15 if the Secretary of Defense determines that the assign16 ment of that officer to such position is necessary and

17 waives the requirement to assign an officer with the joint

18 specialty to that position.’’.

19 SEC. 503. REVISED PROMOTION POLICY OBJECTIVES FOR

20 JOINT OFFICERS.

21 (a) QUALIFICATIONS.—Subsection (a) of section 662

22 of title 10, United States Code, is amended to read as

23 follows:

24 ‘‘(a) QUALIFICATIONS.—(1) The Secretary of a mili25 tary department shall prescribe for the officers in each of
†

110

S 2400 PP

1 the armed forces under the jurisdiction of such Secretary

2 policies and procedures to ensure that an adequate num3 ber of senior colonels, or in the case of the Navy, senior

4 captains, who are serving in or have served in joint duty

5 assignments meet the requirements of section 619a of this

6 title for eligibility for promotion to brigadier general and

7 rear admiral (lower half).

8 ‘‘(2) The Secretary of Defense shall ensure that the

9 qualifications of officers assigned to joint duty assign10 ments are such that—

11 ‘‘(A) officers who are serving on or have served

12 on the Joint Staff are expected, as a group, to be

13 promoted to the next higher grade at a rate not less

14 than the rate for officers of the same armed force

15 in the same grade and competitive category who are

16 serving on the headquarters staff of their armed

17 force; and

18 ‘‘(B) officers who are serving in or have served

19 in joint duty assignments are expected, as a group,

20 to be promoted to the next higher grade at a rate

21 not less than the rate for all officers of the same

22 armed force in the same grade and competitive cat23 egory.

24 ‘‘(3) The Secretary of Defense shall prescribe policies

25 to ensure that the Secretaries of the military departments
†

111

S 2400 PP

1 provide for promotion selection boards to give appropriate

2 consideration to officers who are serving in or have served

3 in joint duty assignments and are eligible for consideration

4 by such boards.’’.

5 (b) CONFORMING AMENDMENT.—Subsection (b) of

6 such section is amended by striking ‘‘paragraphs (1), (2),

7 and (3) of subsection (a)’’ and inserting ‘‘subparagraphs

8 (A) and (B) of subsection (a)(2)’’.

9 SEC. 504. LENGTH OF JOINT DUTY ASSIGNMENTS.

10 Section 664 of title 10, United States Code, is

11 amended by striking subsection (b) and all that follows

12 and inserting the following new subsections:

13 ‘‘(b) FULL CREDIT FOR JOINT DUTY.—An officer

14 shall be credited with having completed a full tour of duty

15 in a joint duty assignment upon the completion of any of

16 the following:

17 ‘‘(1) Service in a joint duty assignment that

18 meets the standards of subsection (a).

19 ‘‘(2) Service in a joint duty assignment for a

20 period that equals or exceeds the standard length of

21 the joint duty assignments that is prescribed under

22 subsection (c) for the installation or other location

23 of the officer’s joint duty assignment.
†

112

S 2400 PP

1 ‘‘(3) Cumulative service of at least one year on

2 one or more headquarters staffs within a United

3 States or multinational joint task force.

4 ‘‘(4) Service in a second joint duty assignment

5 for not less than 24 months, without regard to how

6 much of the officer’s service in the first joint duty

7 assignment has been credited as service in a joint

8 duty assignment.

9 ‘‘(5) Any service in a joint duty assignment if

10 the Secretary of Defense has granted a waiver for

11 such officer under subsection (d).

12 ‘‘(c) STANDARD LENGTH OF JOINT DUTY ASSIGN13 MENTS.—The Secretary of Defense shall prescribe in reg14 ulations, for each installation and other location author15 ized joint duty assignment positions, the standard length

16 of the joint duty assignments in such positions at that in17 stallation or other location, as the case may be.

18 ‘‘(d) WAIVER AUTHORITY.—The Secretary of De19 fense may waive the applicability of this section in the case

20 of any particular officer if the Secretary determines that

21 it is in the national security interests of the United States

22 to do so.’’.
†

113

S 2400 PP

1 SEC. 505. REPEAL OF MINIMUM PERIOD REQUIREMENT

2 FOR PHASE II JOINT PROFESSIONAL MILI3 TARY EDUCATION.

4 Section 663 of title 10, United States Code, is

5 amended by striking subsection (e).

6 SEC. 506. REVISED DEFINITIONS APPLICABLE TO JOINT

7 DUTY.

8 (a) JOINT DUTY ASSIGNMENT.—Subsection (b)(2) of

9 section 668 of title 10, United States Code, is amended

10 by striking ‘‘a list’’ in the matter preceding subparagraph

11 (A) and inserting ‘‘a joint duty assignment list’’.

12 (b) TOUR OF DUTY.—Subsection (c) of such section

13 is amended to read as follows:

14 ‘‘(c) TOUR OF DUTY.—In this chapter, the term ‘tour

15 of duty’ includes two or more consecutive tours of duty

16 in joint duty assignment positions that is credited as serv17 ice in a joint duty assignment under this chapter.’’.

18 Subtitle B—Other Officer

19 Personnel Policy

20 SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER

21 FORCE TO A FORCE OF ALL REGULAR OFFI22 CERS.

23 (a) ORIGINAL APPOINTMENTS AS COMMISSIONED

24 OFFICERS.—(1) Section 532 of title 10, United States

25 Code, is amended by striking subsection (e).
†

114

S 2400 PP

1 (2) Subsection (a)(2) of such section is amended by

2 striking ‘‘fifty-fifth birthday’’ and inserting ‘‘sixty-second

3 birthday’’.

4 (3)(A) Such section 532, as amended by paragraph

5 (1), is further amended by adding at the end the following

6 new subsection (e):

7 ‘‘(e) For an original appointment in a grade below

8 major or, in the case of the Navy, a grade below lieutenant

9 commander under subsection (a), the Secretary of Defense

10 may waive the applicability of the requirement of sub11 section (a)(1) to an alien lawfully admitted to permanent

12 residence in the United States when the Secretary deter13 mines that it is the national security interests of the

14 United States to do so.’’.

15 (B) Section 619(d) of title 10, United States Code,

16 is amended by adding at the end the following new para17 graph:

18 ‘‘(5) An officer in the grade of captain or, in

19 the case of the Navy, lieutenant who is not a citizen

20 of the United States.’’.

21 (4) Section 531(a) of such title is amended to read

22 as follows:

23 ‘‘(a)(1) Original appointments in the grades of sec24 ond lieutenant through captain in the Regular Army, Reg25 ular Air Force, and Regular Marine Corps and in the
†

115

S 2400 PP

1 grades of ensign through lieutenant in the Regular Navy

2 shall be made by the President. The President may dele3 gate to the Secretary of Defense authority to make such

4 appointments.

5 ‘‘(2) Original appointments in the grades of major,

6 lieutenant colonel, and colonel in the Regular Army, Reg7 ular Air Force, and Regular Marine Corps and in the

8 grades of lieutenant commander, commander, and captain

9 in the Regular Navy shall be made by the President, by

10 and with the advice and consent of the Senate.’’.

11 (b) REPEAL OF TOTAL STRENGTH LIMITATION FOR

12 ACTIVE DUTY REGULAR COMMISSIONED OFFICERS.—(1)

13 Section 522 of title 10, United States Code, is repealed.

14 (2) The table of sections at the beginning of chapter

15 32 of such title is amended by striking the item relating

16 to section 522.

17 (c) FORCE SHAPING AUTHORITY.—(1)(A) Sub18 chapter V of chapter 36 of such title is amended by adding

19 at the end the following new section:

20 ‘‘§ 647. Force shaping authority

21 ‘‘(a) AUTHORITY.—The Secretary concerned may,

22 solely for the purpose of restructuring an armed force

23 under the jurisdiction of that Secretary—

24 ‘‘(1) discharge an officer described in sub25 section (b); or
†

116

S 2400 PP

1 ‘‘(2) transfer such an officer from the active2 duty list of that armed force to the reserve active3 status list of a reserve component of that armed

4 force.

5 ‘‘(b) COVERED OFFICERS.—(1) The authority under

6 this section may be exercised in the case of an officer

7 who—

8 ‘‘(A) has completed not more than 5 years of

9 service as a commissioned officer in the armed

10 forces; or

11 ‘‘(B) has completed more than 5 years of serv12 ice as a commissioned officer in the armed forces,

13 but has not completed a minimum service obligation

14 applicable to that member.

15 ‘‘(2) In this subsection, the term ‘minimum service

16 obligation’ means the initial period of required active duty

17 service together with any additional period of required ac18 tive duty service incurred during the initial period of re19 quired active duty service.

20 ‘‘(c) APPOINTMENT OF TRANSFERRED OFFICERS.—

21 An officer of the Regular Army, Regular Air Force, Reg22 ular Navy, or Regular Marine Corps who is transferred

23 to a reserve active-status list under this section shall be

24 discharged from the regular component concerned and ap-
†

117

S 2400 PP

1 pointed as a reserve commissioned officer under section

2 12203 of this title.

3 ‘‘(d) REGULATIONS.—The Secretary concerned shall

4 prescribe regulations for the exercise of the Secretary’s au5 thority under this section.’’.

6 (B) The table of sections at the beginning of such

7 subchapter is amended by adding at the end the following

8 new item:

‘‘647. Force shaping authority.’’.

9 (2) Section 1174(e)(2)(B) of such title is amended

10 by inserting after ‘‘obligated service’’ the following: ‘‘, un11 less the member is an officer discharged or released under

12 the authority of section 647 of this title’’.

13 (3) Section 12201(a) of such title is amended—

14 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’;

15 (B) in the first sentence, by inserting ‘‘, except

16 as provided in paragraph (2),’’ after ‘‘the armed

17 force concerned and’’; and

18 (C) by adding at the end the following new

19 paragraph:

20 ‘‘(2) An officer transferred from the active-duty list

21 of an armed force to a reserve active-status list of an

22 armed force under section 647 of this title is not required

23 to subscribe to the oath referred to in paragraph (1) in

24 order to qualify for an appointment under that para25 graph.’’.
†

118

S 2400 PP

1 (4) Section 12203 of such title is amended—

2 (A) by redesignating subsection (b) as sub3 section (c); and

4 (B) by inserting after subsection (a) the fol5 lowing new subsection (b):

6 ‘‘(b) Subject to the authority, direction, and control

7 of the President, the Secretary concerned may appoint as

8 a reserve commissioned officer any regular officer trans9 ferred from the active-duty list of an armed force to the

10 reserve active-status list of a reserve component under sec11 tion 647 of this title, notwithstanding the requirements

12 of subsection (a).’’.

13 (5) Section 531 of such title is amended by adding

14 at the end the following new subsection:

15 ‘‘(c) Subject to the authority, direction, and control

16 of the President, an original appointment as a commis17 sioned officer in the Regular Army, Regular Air Force,

18 Regular Navy, or Regular Marine Corps may be made by

19 the Secretary concerned in the case of a reserve commis20 sioned officer upon the transfer of such officer from the

21 reserve active-status list of a reserve component of the

22 armed forces to the active-duty list of an armed force, not23 withstanding the requirements of subsection (a).’’.

24 (d) ACTIVE-DUTY READY RESERVE OFFICERS NOT

25 ON ACTIVE-DUTY LIST.—Section 641(1)(F) of such title
†

119

S 2400 PP

1 is amended by striking ‘‘section 12304’’ and inserting

2 ‘‘sections 12302 and 12304’’.

3 (e) ALL REGULAR OFFICER APPOINTMENTS FOR

4 STUDENTS ATTENDING THE UNIVERSITY OF HEALTH

5 SCIENCES.—Section 2114(b) of such title is amended by

6 striking ‘‘Notwithstanding any other provision of law, they

7 shall serve’’ and all that follows through ‘‘if qualified,’’

8 and inserting ‘‘Notwithstanding any other provision of

9 law, they shall be appointed as regular officers in the

10 grade of O–1 and shall serve on active duty in that grade.

11 Upon graduation they shall be required to serve on active

12 duty’’.

13 (f) EFFECTIVE DATE.—This section and the amend14 ments made by this section shall take effect 180 days after

15 the date of the enactment of this Act.

16 SEC. 512. ELIGIBILITY OF NAVY STAFF CORPS OFFICERS TO

17 SERVE AS DEPUTY CHIEFS OF NAVAL OPER18 ATIONS AND ASSISTANT CHIEFS OF NAVAL

19 OPERATIONS.

20 (a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Sec21 tion 5036(a) of title 10, United States Code, is amended

22 by striking ‘‘in the line’’.

23 (b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—

24 Section 5037(a) of such title is amended by striking ‘‘in

25 the line’’.
†

120

S 2400 PP

1 SEC. 513. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE

2 JOINT DUTY EXPERIENCE AS ELIGIBILITY RE3 QUIREMENT FOR APPOINTMENT OF CHIEFS

4 OF RESERVE COMPONENTS.

5 Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), and

6 8038(b)(4) of title 10, United States Code, are amended

7 by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem8 ber 31, 2005’’.

9 SEC. 514. LIMITATION ON NUMBER OF OFFICERS FROCKED

10 TO MAJOR GENERAL AND REAR ADMIRAL

11 (UPPER HALF).

12 Section 777(d) of title 10, United States Code, is

13 amended—

14 (1) by redesignating paragraphs (1) and (2) as

15 paragraphs (2) and (3), respectively; and

16 (2) by striking ‘‘(d) LIMITATION ON NUMBER

17 OF OFFICERS FROCKED TO SPECIFIED GRADES.—’’

18 and inserting the following:

19 ‘‘(d) LIMITATION ON NUMBER OF OFFICERS

20 FROCKED TO SPECIFIED GRADES.—(1) The total number

21 of brigadier generals and Navy rear admirals (lower half)

22 on the active-duty list who are authorized as described in

23 subsection (a) to wear the insignia for the grade of major

24 general or rear admiral (upper half), as the case may be,

25 may not exceed 30.’’.
†

121

S 2400 PP

1 SEC. 515. STUDY REGARDING PROMOTION ELIGIBILITY OF

2 RETIRED WARRANT OFFICERS RECALLED TO

3 ACTIVE DUTY.

4 (a) REQUIREMENT FOR STUDY.—The Secretary of

5 Defense shall carry out a study to determine whether it

6 would be equitable for retired warrant officers on active

7 duty, but not on the active-duty list by reason of section

8 582(2) of title 10, United States Code, to be eligible for

9 consideration for promotion under section 573 of such

10 title.

11 (b) REPORT.—Not later than 180 days after the date

12 of the enactment of this Act, the Secretary of Defense

13 shall submit to Congress a report on the results of the

14 study under subsection (a). The report shall include a dis15 cussion of the Secretary’s determination regarding the

16 issue covered by the study, the rationale for the Sec17 retary’s determination, and any recommended legislation

18 that the Secretary considers appropriate regarding that

19 issue.
†

122

S 2400 PP

1 Subtitle C—Reserve Component

2 Personnel Policy

3 SEC. 521. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR

4 TRAINING FROM AUTHORITY TO ORDER RE5 SERVES TO ACTIVE DUTY.

6 (a) GENERAL AUTHORITY TO ORDER RESERVES TO

7 ACTIVE DUTY.—Section 12301 of title 10, United States

8 Code, is amended—

9 (1) in the first sentence of subsection (a), by

10 striking ‘‘(other than for training)’’;

11 (2) in subsection (c)—

12 (A) by striking ‘‘(other than for training)’’

13 and inserting ‘‘as described in subsection (a)’’

14 in the first sentence; and

15 (B) by striking ‘‘(other than for training)’’

16 in the second sentence; and

17 (3) in subsection (e), by striking ‘‘(other than

18 for training)’’ and inserting ‘‘as described in sub19 section (a)’’.

20 (b) READY RESERVE 24-MONTH CALLUP AUTHOR21 ITY.—Section 12302 of such title is amended by striking

22 ‘‘(other than for training)’’ in subsections (a) and (c).

23 (c) SELECTED RESERVE AND INDIVIDUAL READY

24 RESERVE 270-DAY CALLUP AUTHORITY.—Section
†

123

S 2400 PP

1 12304(a) of such title is amended by striking ‘‘(other than

2 for training)’’.

3 (d) STANDBY RESERVE CALLUP AUTHORITY.—Sec4 tion 12306 of such title is amended—

5 (1) in subsection (a), by striking ‘‘active duty

6 (other than for training) only as provided in section

7 12301 of this title’’ and inserting ‘‘active duty only

8 as provided in section 12301 of this title, but subject

9 to the limitations in subsection (b)’’; and

10 (2) in subsection (b)—

11 (A) in paragraph (1), by striking ‘‘(other

12 than for training)’’ and inserting ‘‘under section

13 12301(a) of this title’’; and

14 (B) in paragraph (2), by striking ‘‘no other

15 member’’ and all that follows through ‘‘without

16 his consent’’ and inserting ‘‘notwithstanding

17 section 12301(a) of this title, no other member

18 in the Standby Reserve may be ordered to ac19 tive duty as an individual under such section

20 without his consent’’.

21 SEC. 522. EXCEPTION TO MANDATORY RETENTION OF RE22 SERVES ON ACTIVE DUTY TO QUALIFY FOR

23 RETIREMENT PAY.

24 Section 12686(a) of title 10, United States Code, is

25 amended by inserting ‘‘(other than retired pay for non-
†

124

S 2400 PP

1 regular service under chapter 1223 of this title)’’ after ‘‘a

2 purely military retirement system’’.

3 Subtitle D—Education and

4 Training

5 SEC. 531. ONE-YEAR EXTENSION OF ARMY COLLEGE FIRST

6 PILOT PROGRAM.

7 Section 573(h) of the National Defense Authorization

8 Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C.

9 513 note), is amended by striking ‘‘September 30, 2004’’

10 and inserting ‘‘December 31, 2005’’.

11 SEC. 532. MILITARY RECRUITER EQUAL ACCESS TO CAM12 PUS.

13 Subsection (b)(1) of section 983 of title 10, United

14 States Code, is amended—

15 (1) by striking ‘‘entry to campuses’’ and insert16 ing ‘‘access to campuses’’; and

17 (2) by inserting before the semicolon at the end

18 the following: ‘‘in a manner that is at least equal in

19 quality and scope to the degree of access to cam20 puses and to students that is provided to any other

21 employer’’.
†

125

S 2400 PP

1 SEC. 533. EXCLUSION FROM DENIAL OF FUNDS FOR PRE2 VENTING ROTC ACCESS TO CAMPUS OF

3 AMOUNTS TO COVER INDIVIDUAL COSTS OF

4 ATTENDANCE AT INSTITUTIONS OF HIGHER

5 EDUCATION.

6 (a) CODIFICATION AND EXTENSION OF EXCLU7 SION.—Subsection (d) of section 983 of title 10, United

8 States Code, is amended—

9 (1) by striking ‘‘The’’ after ‘‘(1)’’ and inserting

10 ‘‘Except as provided in paragraph (3), the’’; and

11 (2) by adding at the end the following new

12 paragraph:

13 ‘‘(3) Any Federal funding specified in paragraph (1)

14 that is provided to an institution of higher education, or

15 to an individual, to be available solely for student financial

16 assistance, related administrative costs, or costs associated

17 with attendance, may be used for the purpose for which

18 the funding is provided.’’.

19 (b) CONFORMING AMENDMENTS.—Subsections (a)

20 and (b) of such section are amended by striking ‘‘(includ21 ing a grant of funds to be available for student aid)’’.

22 (c) CONFORMING REPEAL OF CODIFIED PROVI23 SION.—Section 8120 of the Department of Defense Ap24 propriations Act, 2000 (Public Law 106–79; 10 U.S.C.

25 983 note), is repealed.
†

126

S 2400 PP

1 SEC. 534. TRANSFER OF AUTHORITY TO CONFER DEGREES

2 UPON GRADUATES OF THE COMMUNITY COL3 LEGE OF THE AIR FORCE.

4 (a) AUTHORITY OF AIR UNIVERSITY COMMANDER.—

5 Subsection (a) of section 9317 of title 10, United States

6 Code, is amended—

7 (1) by striking ‘‘and’’ at the end of paragraph

8 (2);

9 (2) by striking the period at the end of para10 graph (3) and inserting ‘‘; and’’; and

11 (3) by adding at the end the following new

12 paragraph:

13 ‘‘(4) an associate level degree upon graduates of

14 the Community College of the Air Force who fulfill

15 the requirements for that degree.’’.

16 (b) TERMINATION OF EXISTING AUTHORITY.—(1)

17 Paragraph (1) of section 9315(c) of such title is amended

18 by striking ‘‘the commander’’ and all that follows through

19 ‘‘at the level of associate’’ and inserting ‘‘an academic de20 gree at the level of associate may be conferred under sec21 tion 9317 of this title’’.

22 (2) Paragraph (2) of such section is amended by

23 striking ‘‘Air Education and Training Command of the

24 Air Force’’ and inserting ‘‘Air University’’.

25 (c) CONFORMING AND CLERICAL AMENDMENTS.—

26 (1) The heading of section 9317 of title 10, United States
†

127

S 2400 PP

1 Code, is amended by striking ‘‘graduate-level de2 grees’’ and inserting ‘‘conferral of degrees’’.

3 (2) The item relating to such section in the table of

4 sections at the beginning of chapter 901 of such title is

5 amended to read as follows:

‘‘9317. Air University: conferral of degrees.’’.

6 SEC. 535. REPEAL OF REQUIREMENT FOR OFFICER TO RE7 TIRE UPON TERMINATION OF SERVICE AS SU8 PERINTENDENT OF THE AIR FORCE ACAD9 EMY.

10 (a) REPEALS.—Sections 8921 and 9333a of title 10,

11 United States Code, are repealed.

12 (b) CLERICAL AMENDMENTS.—Subtitle D of title 10,

13 United States Code, is amended—

14 (1) in the table of sections at the beginning of

15 chapter 867, by striking the item relating to section

16 8921; and

17 (2) in the table of sections at the beginning of

18 chapter 903, by striking the item relating to section

19 9333a.
†

128

S 2400 PP

1 Subtitle E—Decorations, Awards,

2 and Commendations

3 SEC. 541. AWARD OF MEDAL OF HONOR TO INDIVIDUAL IN4 TERRED IN THE TOMB OF THE UNKNOWNS AS

5 REPRESENTATIVE OF CASUALTIES OF A WAR.

6 (a) AWARD TO INDIVIDUAL AS REPRESENTATIVE.—

7 Chapter 57 of title 10, United States Code, is amended

8 by adding at the end the following new section:

9 ‘‘§ 1134. Medal of honor: award to individual interred

10 in Tomb of the Unknowns as representa11 tive of casualties of a war

12 ‘‘The medal of honor awarded posthumously to a de13 ceased member of the armed forces who, as an unidenti14 fied casualty of a particular war or other armed conflict,

15 is interred in the Tomb of the Unknowns at Arlington Na16 tional Cemetery, Virginia, is awarded to the member as

17 the representative of the members of the armed forces who

18 died in such war or other armed conflict and whose re19 mains have not been identified, and not to the individual

20 personally.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of such chapter is amended by adding

23 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.’’.
†

129

S 2400 PP

1 SEC. 542. SEPARATE CAMPAIGN MEDALS FOR OPERATION

2 ENDURING FREEDOM AND FOR OPERATION

3 IRAQI FREEDOM.

4 (a) REQUIREMENT.—The President shall establish a

5 campaign medal specifically to recognize service by mem6 bers of the uniformed services in Operation Enduring

7 Freedom and a separate campaign medal specifically to

8 recognize service by members of the uniformed services in

9 Operation Iraqi Freedom.

10 (b) ELIGIBILITY.—Subject to such limitations as may

11 be prescribed by the President, eligibility for a campaign

12 medal established pursuant to subsection (a) shall be set

13 forth in regulations to be prescribed by the Secretary con14 cerned (as defined in section 101 of title 10, United States

15 Code). In the case of regulations prescribed by the Secre16 taries of the military departments, the regulations shall

17 be subject to approval by the Secretary of Defense and

18 shall be uniform throughout the Department of Defense.

19 SEC. 543. PLAN FOR REVISED CRITERIA AND ELIGIBILITY

20 REQUIREMENTS FOR AWARD OF COMBAT IN21 FANTRYMAN BADGE AND COMBAT MEDICAL

22 BADGE FOR SERVICE IN KOREA AFTER JULY

23 28, 1953.

24 (a) REQUIREMENT FOR PLAN.—Not later than 90

25 days after the date of the enactment of this Act, the Sec26 retary of the Army shall submit to the Committees on
†

130

S 2400 PP

1 Armed Services of the Senate and the House of Represent2 atives a plan for revising the Army’s criteria and eligibility

3 requirements for award of the Combat Infantryman Badge

4 and the Combat Medical Badge for service in the Republic

5 of Korea after July 28, 1953, to fulfill the purpose stated

6 in subsection (b).

7 (b) PURPOSE OF REVISED CRITERIA AND ELIGI8 BILITY REQUIREMENTS.—The purpose for revising the

9 criteria and eligibility requirements for award of the Com10 bat Infantryman Badge and the Combat Medical Badge

11 for service in the Republic of Korea after July 28, 1953,

12 is to ensure fairness in the standards applied to Army per13 sonnel in the awarding of such badges for Army service

14 in the Republic of Korea in comparison to the standards

15 applied to Army personnel in the awarding of such badges

16 for Army service in other areas of operations.

17 Subtitle F—Military Justice

18 SEC. 551. REDUCED BLOOD ALCOHOL CONTENT LIMIT FOR

19 OFFENSE OF DRUNKEN OPERATION OF A VE20 HICLE, AIRCRAFT, OR VESSEL.

21 Section 911(b)(3) of title 10, United States Code (ar22 ticle 111(b)(3) of the Uniform Code of Military Justice),

23 is amended by striking ‘‘0.10 grams’’ in both places it ap24 pears and inserting ‘‘0.08 grams’’.
†

131

S 2400 PP

1 SEC. 552. WAIVER OF RECOUPMENT OF TIME LOST FOR

2 CONFINEMENT IN CONNECTION WITH A

3 TRIAL.

4 Section 972 of title 10, United States Code, is

5 amended by adding at the end the following new sub6 section:

7 ‘‘(c) WAIVER OF RECOUPMENT OF TIME LOST FOR

8 CONFINEMENT.—The Secretary concerned shall waive li9 ability for a period of confinement in connection with a

10 trial under subsection (a)(3), or exclusion of a period of

11 confinement in connection with a trial under subsection

12 (b)(3), in a case upon the occurrence of any of the fol13 lowing events:

14 ‘‘(1) For each charge—

15 ‘‘(A) the charge is dismissed before or dur16 ing trial in a final disposition of the charge; or

17 ‘‘(B) the trial results in an acquittal of the

18 charge.

19 ‘‘(2) For each charge resulting in a conviction

20 in such trial—

21 ‘‘(A) the conviction is set aside in a final

22 disposition of such charge, other than in a

23 grant of clemency; or

24 ‘‘(B) a judgment of acquittal or a dis25 missal is entered upon a reversal of the convic26 tion on appeal.’’.
†

132

S 2400 PP

1 SEC. 553. DEPARTMENT OF DEFENSE POLICY AND PROCE2 DURES ON PREVENTION AND RESPONSE TO

3 SEXUAL ASSAULTS INVOLVING MEMBERS OF

4 THE ARMED FORCES.

5 (a) COMPREHENSIVE POLICY ON PREVENTION AND

6 RESPONSE TO SEXUAL ASSAULTS.—(1) Not later than

7 January 1, 2005, the Secretary of Defense shall develop

8 a comprehensive policy for the Department of Defense on

9 the prevention of and response to sexual assaults involving

10 members of the Armed Forces.

11 (2) The policy shall be based on the recommendations

12 of the Department of Defense Task Force on Care for Vic13 tims of Sexual Assaults and on such other matters as the

14 Secretary considers appropriate.

15 (b) ELEMENTS OF COMPREHENSIVE POLICY.—The

16 policy developed under subsection (a) shall address the fol17 lowing matters:

18 (1) Prevention measures.

19 (2) Education and training on prevention and

20 response.

21 (3) Investigation of complaints by command

22 and law enforcement personnel.

23 (4) Medical treatment of victims.

24 (5) Confidential reporting of incidents.

25 (6) Victim advocacy and intervention.
†

133

S 2400 PP

1 (7) Oversight by commanders of administrative

2 and disciplinary actions in response to substantiated

3 incidents of sexual assault.

4 (8) Disposition of victims of sexual assault, in5 cluding review by appropriate authority of adminis6 trative separation actions involving victims of sexual

7 assault.

8 (9) Disposition of members of the Armed

9 Forces accused of sexual assault.

10 (10) Liaison and collaboration with civilian

11 agencies on the provision of services to victims of

12 sexual assault.

13 (11) Uniform collection of data on the incidence

14 of sexual assaults and on disciplinary actions taken

15 in substantiated cases of sexual assault.

16 (c) REPORT ON IMPROVEMENT OF CAPABILITY TO

17 RESPOND TO SEXUAL ASSAULTS.—Not later than March

18 1, 2005, the Secretary of Defense shall submit to Congress

19 a proposal for such legislation as the Secretary considers

20 necessary to enhance the capability of the Department of

21 Defense to address matters relating to sexual assaults in22 volving members of the Armed Forces.

23 (d) APPLICATION OF COMPREHENSIVE POLICY TO

24 MILITARY DEPARTMENTS.—The Secretary shall ensure

25 that, to the maximum extent practicable, the policy devel-
†

134

S 2400 PP

1 oped under subsection (a) is implemented uniformly by the

2 military departments.

3 (e) POLICIES AND PROCEDURES OF MILITARY DE4 PARTMENTS.—(1) Not later than March 1, 2005, the Sec5 retaries of the military departments shall prescribe regula6 tions, or modify current regulations, on the policies and

7 procedures of the military departments on the prevention

8 of and response to sexual assaults involving members of

9 the Armed Forces in order—

10 (A) to conform such policies and procedures to

11 the policy developed under subsection (a); and

12 (B) to ensure that such policies and procedures

13 include the elements specified in paragraph (2).

14 (2) The elements specified in this paragraph are as

15 follows:

16 (A) A program to promote awareness of the in17 cidence of sexual assaults involving members of the

18 Armed Forces.

19 (B) A program to provide victim advocacy and

20 intervention for members of the Armed Force con21 cerned who are victims of sexual assault, which pro22 gram shall make available, at home stations and in

23 deployed locations, trained advocates who are readily

24 available to intervene on behalf of such victims.
†

135

S 2400 PP

1 (C) Procedures for members of the Armed

2 Force concerned to follow in the case of an incident

3 of sexual assault involving a member of such Armed

4 Force, including—

5 (i) specification of the person or persons to

6 whom the alleged offense should be reported;

7 (ii) specification of any other person whom

8 the victim should contact;

9 (iii) procedures for the preservation of evi10 dence; and

11 (iv) procedures for confidential reporting

12 and for contacting victim advocates.

13 (D) Procedures for disciplinary action in cases

14 of sexual assault by members of the Armed Force

15 concerned.

16 (E) Other sanctions authorized to be imposed

17 in substantiated cases of sexual assault, whether

18 forcible or nonforcible, by members of the Armed

19 Force concerned.

20 (F) Training on the policies and procedures for

21 all members of the Armed Force concerned, includ22 ing specific training for members of the Armed

23 Force concerned who process allegations of sexual

24 assault against members of such Armed Force.
†

136

S 2400 PP

1 (G) Any other matters that the Secretary of

2 Defense considers appropriate.

3 (f) ANNUAL ASSESSMENT OF POLICIES AND PROCE4 DURES.—Not later than January 15, 2006, and each year

5 thereafter, each Secretary of a military department shall

6 conduct an assessment of the implementation during the

7 preceding fiscal year of the policies and procedures of such

8 department on the prevention of and response to sexual

9 assaults involving members of the Armed Forces in order

10 to determine the effectiveness of such policies and proce11 dures during such fiscal year in providing an appropriate

12 response to such sexual assaults.

13 (g) ANNUAL REPORTS.—(1) Not later than April 1,

14 2005, and January 15 of each year thereafter, each Sec15 retary of a military department shall submit to the Sec16 retary of Defense a report on the sexual assaults involving

17 members of the Armed Force concerned during the pre18 ceding year.

19 (2) Each report on an Armed Force under paragraph

20 (1) shall contain the following:

21 (A) The number of sexual assaults against

22 members of the Armed Force, and the number of

23 sexual assaults by members of the Armed Force,

24 that were reported to military officials during the
†

137

S 2400 PP

1 year covered by such report, and the number of the

2 cases so reported cases that were substantiated.

3 (B) A synopsis of and the disciplinary action

4 taken in each substantiated case.

5 (C) The policies, procedures, and processes im6 plemented by the Secretary concerned during the

7 year covered by such report in response to incidents

8 of sexual assault involving members of the Armed

9 Force concerned.

10 (D) A plan for the actions that are to be taken

11 in the year following the year covered by such report

12 on the prevention of and response to sexual assault

13 involving members of the Armed Forces concerned.

14 (3) Each report under paragraph (1) in 2006, 2007,

15 and 2008 shall also include the assessment conducted by

16 the Secretary concerned under subsection (f).

17 (4) The Secretary of Defense shall transmit to the

18 Committees on Armed Services of the Senate and the

19 House of Representatives each report submitted to the

20 Secretary under this subsection, together with the com21 ments of the Secretary on each such report. The Secretary

22 shall transmit the report on 2004 not later than May 1,

23 2005, and shall transmit the report on any year after

24 2004 not later than March 15 of the year following such

25 year.
†

138

S 2400 PP

1 (h) SEXUAL ASSAULT DEFINED.—In this section, the

2 term ‘‘sexual assault’’ includes rape, acquaintance rape,

3 sexual assault, and other criminal sexual offenses.

4 Subtitle G—Scope of Duties of

5 Ready Reserve Personnel in In6 active Duty Status

7 SEC. 561. REDESIGNATION OF INACTIVE-DUTY TRAINING

8 TO ENCOMPASS OPERATIONAL AND OTHER

9 DUTIES PERFORMED BY RESERVES WHILE IN

10 INACTIVE DUTY STATUS.

11 (a) REDESIGNATION OF DUTY STATUS.—(1) The

12 duty status applicable to members of the reserve compo13 nents of the Armed Forces that is known as ‘‘inactive14 duty training’’ is redesignated as ‘‘inactive duty’’.

15 (2) Any reference that is made in any law, regulation,

16 document, paper, or other record of the United States to

17 inactive-duty training, as such term applies to members

18 of the reserve components of the Armed Forces, shall be

19 deemed to be a reference to inactive duty.

20 (b) TITLE 10 CONFORMING AND CLERICAL AMEND21 MENTS.—(1) The following provisions of title 10, United

22 States Code, are amended by striking ‘‘inactive-duty train23 ing’’ each place it appears and inserting ‘‘inactive duty’’:

24 sections 101(d)(7), 802(a)(3), 802(d)(2)(B),

25 802(d)(5)(B), 803(d), 936(a), 936(b), 976(a)(1)(C),
†

139

S 2400 PP

1 1061(b), 1074a(a), 1076(a)(2)(B), 1076(a)(2)(C),

2 1204(2), 1448(f)(1)(B), 1476(a)(1)(B), 1476(a)(2)(A),

3 1481(a)(2), 9446(a)(3), 12602(a)(3), 12602(b)(3), and

4 18505(a).

5 (2) The following provisions of such title are amended

6 by striking ‘‘inactive duty training’’ each place it appears

7 and inserting ‘‘inactive duty’’: sections 1086(c)(2)(B),

8 1175(e)(2), 1475(a)(2), 1475(a)(3), 2031(d)(2), and

9 10204(b).

10 (3) Section 1206(2) of such title is amended by strik11 ing ‘‘in line of duty—’’ and all that follows through ‘‘resi12 dence; or’’ and inserting the following: ‘‘in line of duty

13 while—

14 ‘‘(A) performing active duty or inactive

15 duty;

16 ‘‘(B) traveling directly to or from the place

17 at which such duty is performed; or

18 ‘‘(C) remaining overnight immediately be19 fore the commencement of inactive duty, or

20 while remaining overnight between successive

21 periods of inactive-duty training, at or in the vi22 cinity of the site of the inactive duty, if the site

23 is outside reasonable commuting distance of the

24 member’s residence;’’.
†

140

S 2400 PP

1 (4) Section 1471(b)(3)(A) of such title is amended

2 by striking ‘‘for training’’ in clauses (ii) and (iii).

3 (5) Section 1478(a) of such title is amended—

4 (A) in paragraph (3)—

5 (i) by striking ‘‘from inactive duty train6 ing’’ and inserting ‘‘from the location of inac7 tive duty’’; and

8 (ii) by striking ‘‘on inactive duty training’’

9 and inserting ‘‘on inactive duty’’;

10 (B) in paragraph (7)—

11 (i) by striking ‘‘inactive duty training’’ and

12 inserting ‘‘inactive duty’’; and

13 (ii) by striking ‘‘or training’’; and

14 (C) in paragraph (8), by striking ‘‘inactive duty

15 training’’ both places it appears and inserting ‘‘inac16 tive duty’’.

17 (6) Section 12317 of such title is amended by striking

18 ‘‘, or to participate in inactive duty training,’’ and insert19 ing ‘‘inactive duty’’.

20 (7) Section 12319(c) of such title is amended—

21 (A) by striking ‘‘inactive-duty training’’ both

22 places it appears and inserting ‘‘inactive duty’’; and

23 (B) by striking ‘‘that training)’’ and inserting

24 ‘‘that duty)’’.

25 (8) Section 12603(a) of such title is amended—
†

141

S 2400 PP

1 (A) by striking ‘‘inactive duty training’’ and in2 serting ‘‘inactive duty’’; and

3 (B) by striking ‘‘the training’’ and inserting

4 ‘‘such duty’’.

5 (9) Section 12604(a) of such title is amended by

6 striking ‘‘to inactive-duty training’’ and inserting ‘‘to per7 form inactive duty’’.

8 (10)(A) The headings for sections 1204, 1206,

9 12603, and 18505 of such title are amended by striking

10 ‘‘inactive-duty training’’ and inserting ‘‘inactive

11 duty’’.

12 (B) The heading for section 1475 of such title is

13 amended by striking ‘‘training’’.

14 (C) The heading for section 1476 of such title is

15 amended by striking ‘‘or training’’.

16 (D) The heading for section 12604 of such title is

17 amended by striking ‘‘attending inactive-duty

18 training’’ and inserting ‘‘performing inactive

19 duty’’.

20 (11)(A) The table of sections at the beginning of

21 chapter 61 of such title is amended—

22 (i) by striking the item relating to section 1204

23 and inserting the following:

‘‘1204. Members on active duty for 30 days or less or on inactive duty: retirement.’’;

24 and
†

142

S 2400 PP

1 (ii) by striking the item relating to section 1206

2 and inserting the following:

‘‘1206. Members on active duty for 30 days or less or on inactive duty: separation.’’.

3 (B) The table of sections at the beginning of sub4 chapter II of chapter 75 of such title is amended by strik5 ing the items relating to sections 1475 and 1476 and in6 serting the following:

‘‘1475. Death gratuity: death of members on active duty or inactive duty and

of certain other persons.

‘‘1476. Death gratuity: death after discharge or release from duty.’’.

7 (C) The table of sections at the beginning of chapter

8 1217 of such title is amended by striking the items relat9 ing to sections 12603 and 12604 and inserting the fol10 lowing:

‘‘12603. Attendance of inactive duty assemblies: commercial travel at Federal

supply schedule rates.

‘‘12604. Billeting in Department of Defense facilities: Reserves performing inactive duty.’’.

11 (D) The item relating to section 18505 in the table

12 of sections at the beginning of chapter 1805 of such title

13 is amended to read as follows:

‘‘18505. Reserves traveling for inactive duty: space-required travel on military

aircraft.’’.

14 (c) TITLE 14 CONFORMING AMENDMENT.—Sections

15 704 and 705(a) of title 14, United States Code, are

16 amended by striking ‘‘inactive-duty training’’ and insert17 ing ‘‘inactive duty’’.

18 (d) TITLE 37 CONFORMING AND CLERICAL AMEND19 MENTS.—(1) Sections 101(22), 205(e)(2)(A), and 433(d)
†

143

S 2400 PP

1 of title 37, United States Code, are amended by striking

2 ‘‘inactive-duty training’’ each place it appears and insert3 ing ‘‘inactive duty’’.

4 (2) Section 204 of such title is amended—

5 (A) in subsection (g)(1)—

6 (i) in subparagraphs (B) and (D), by strik7 ing ‘‘inactive-duty training’’ each place it ap8 pears and inserting ‘‘inactive duty’’ and

9 (ii) in subparagraph (C), by striking ‘‘or

10 training’’; and

11 (B) in subsection (h)(1)—

12 (i) in subparagraphs (B) and (D), by strik13 ing ‘‘inactive-duty training’’ each place it ap14 pears and inserting ‘‘inactive duty’’; and

15 (ii) in subparagraph (C), by striking ‘‘or

16 training’’; and

17 (3) Section 206 of such title is amended—

18 (A) in subsection (a)(3)—

19 (i) by striking clause (ii) of subparagraph

20 (A) and inserting the following:

21 ‘‘(ii) inactive duty;’’;

22 (ii) in subparagraph (B), by striking ‘‘or

23 training’’; and
†

144

S 2400 PP

1 (iii) in subparagraph (C), by striking ‘‘in2 active-duty training’’ each place it appears and

3 inserting ‘‘inactive duty’’; and

4 (B) in subsection (b)(1), by inserting ‘‘or duty’’

5 after ‘‘kind of training’’.

6 (4) Section 308d(a) of such title is amended by strik7 ing ‘‘for training’’.

8 (5) Section 415 of such title is amended—

9 (A) in subsection (a)(3), by striking ‘‘inactive10 duty training’’ and inserting ‘‘inactive duty’’; and

11 (B) in subsection (c)(1), by striking ‘‘on inac12 tive duty training status’’ and inserting ‘‘inactive

13 duty’’.

14 (6) Section 552 of such title is amended—

15 (A) in subsection (a)—

16 (i) by striking ‘‘performing inactive-duty

17 training,’’ in the matter preceding paragraph

18 (1), and inserting ‘‘inactive duty,’’; and

19 (ii) by striking ‘‘or inactive-duty training’’

20 in the second sentence and inserting ‘‘or inac21 tive duty’’; and

22 (B) in subsection (d), by striking ‘‘inactive-duty

23 training’’ and inserting ‘‘on inactive duty’’.
†

145

S 2400 PP

1 (7)(A) The heading for section 206 of such title is

2 amended by striking ‘‘inactive-duty training’’ and

3 inserting ‘‘inactive duty’’.

4 (B) The item relating to such section in the table of

5 sections at the beginning of chapter 3 of such title is

6 amended to read as follows:

‘‘206. Reserves; members of National Guard: inactive duty.’’.

7 (8) The heading for subsection (c) of section 305b

8 of such title is amended by striking ‘‘DUTY

9 TRAINING.—’’ and inserting ‘‘DUTY.—’’.

10 (9) The heading for subsection (e) of section 320 of

11 such title is amended by striking ‘‘DUTY

12 TRAINING.—’’ and inserting ‘‘DUTY.—’’.

13 (e) PUBLIC LAW 108–136.—Section 644(c) of the

14 National Defense Authorization Act for Fiscal Year 2004

15 (Public Law 108–136; 117 Stat. 1518) is amended by

16 striking ‘‘inactive-duty training’’ and inserting ‘‘inactive

17 duty’’.

18 SEC. 562. REPEAL OF UNNECESSARY DUTY STATUS DIS19 TINCTION FOR FUNERAL HONORS DUTY.

20 (a) TITLE 10 DUTY.—(1) Section 12503 of title 10,

21 United States Code, is repealed.

22 (2) Section 12552 of such title is repealed.

23 (b) TITLE 32 DUTY.—(1) Section 115 of title 32,

24 United States Code, is repealed.
†

146

S 2400 PP

1 (2) Section 114 of such title is amended by striking

2 the second sentence.

3 (c) TITLE 10 CONFORMING AND CLERICAL AMEND4 MENTS.—Title 10, United States Code, is amended as fol5 lows:

6 (1) Section 1074a(a) is amended—

7 (A) in paragraph (1)—

8 (i) by inserting ‘‘or’’ at the end of

9 subparagraph (A);

10 (ii) by striking ‘‘; or’’ at the end of

11 subparagraph (B) and inserting a period;

12 and

13 (iii) by striking subparagraph (C);

14 (B) in paragraph (2)—

15 (i) by inserting ‘‘or’’ at the end of

16 subparagraph (A);

17 (ii) by striking ‘‘; or’’ at the end of

18 subparagraph (B) and inserting a period;

19 and

20 (iii) by striking subparagraph (C);

21 and

22 (C) by striking paragraph (4).

23 (2) Section 1076(a)(2) is amended by striking

24 subparagraph (E).

25 (3) Section 1204(2) is amended—
†

147

S 2400 PP

1 (A) by inserting ‘‘or’’ at the end of sub2 paragraph (A)(iii);

3 (B) by striking ‘‘or’’ at the end of subpara4 graph (B)(iii) and inserting a period; and

5 (C) by striking subparagraph (C).

6 (4) Section 1206(2) is amended by striking

7 ‘‘(B) while the member—’’ and all that follows

8 through ‘‘immediately before so serving;’’.

9 (5) Section 1481(a)(2) is amended—

10 (A) by inserting ‘‘or’’ at the end of sub11 paragraph (D);

12 (B) by striking ‘‘; or’’ at the end of sub13 paragraph (E) and inserting a period; and

14 (C) by striking subparagraph (F).

15 (6) Section 12732(a)(2)(E) is amended by in16 serting ‘‘(as such section 12503 or 115, respectively,

17 was in effect before the date of the enactment of the

18 National Defense Authorization Act for Fiscal Year

19 2005)’’ after ‘‘section 115 of title 32’’.

20 (7)(A) The table of sections at the beginning of

21 chapter 1213 is amended by striking the item relat22 ing to section 12503.

23 (B) The table of sections at the beginning of

24 chapter 1215 is amended by striking the item relat25 ing to 12552.
†

148

S 2400 PP

1 (c) TITLE 32 CLERICAL AMENDMENT.—The table of

2 sections at the beginning of chapter 1 of title 32, United

3 States Code, is amended by striking the item relating to

4 section 115.

5 (d) TITLE 37 CONFORMING AMENDMENTS.—Section

6 204 of title 37, United States Code, is amended—

7 (1) in subsection (g)(1)—

8 (A) by inserting ‘‘or’’ at the end of sub9 paragraph (C);

10 (B) by striking ‘‘; or’’ at the end of sub11 paragraph (D) and inserting a period; and

12 (C) by striking subparagraph (E); and

13 (2) in subsection (h)(1)—

14 (A) by inserting ‘‘or’’ at the end of sub15 paragraph (C);

16 (B) by striking ‘‘; or’’ at the end of sub17 paragraph (D) and inserting a period; and

18 (C) by striking subparagraph (E).

19 SEC. 563. CONFORMING AMENDMENTS TO OTHER LAWS RE20 FERRING TO INACTIVE-DUTY TRAINING.

21 (a) TITLE 5.—Section 6323(a)(1) of title 5, United

22 States Code, is amended by striking ‘‘inactive-duty train23 ing’’ and inserting ‘‘inactive duty’’.

24 (b) TITLE 38.—(1) The following provisions of title

25 38, United States Code, are amended by striking ‘‘inactive
†

149

S 2400 PP

1 duty training’’ each place it appears and inserting ‘‘inac2 tive duty’’: sections 106(d)(1), 1112(c)(3)(A)(ii),

3 1302(b)(2), 1312(a)(2)(A), 1965(3), 1965(4), 1965(5),

4 1967(a)(1)(B), 1967(b), 1969(a)(3), 1977(e), 2402(2),

5 4303(13), and 4303(16).

6 (2) Section 1968 of such title is amended—

7 (A) by striking ‘‘inactive duty training’’ and in8 serting ‘‘inactive duty’’—

9 (i) in subsection (a), in the matter pre10 ceding paragraph (1);

11 (ii) in subsection (a)(3); and

12 (iii) in subsection (b)(2); and

13 (B) in subsection (a)(3)—

14 (i) by striking ‘‘such scheduled training pe15 riod’’ and inserting ‘‘such period of scheduled

16 duty’’;

17 (ii) by striking ‘‘the date of such training’’

18 and inserting ‘‘the date on which such duty pe19 riod ends’’; and

20 (iii) by striking ‘‘such training terminated’’

21 and inserting ‘‘on which such duty period

22 ends’’.
†

150

S 2400 PP

1 SEC. 564. CONFORMING AMENDMENTS TO OTHER LAWS RE2 FERRING TO FUNERAL HONORS DUTY.

3 (a) TITLE 5.—Section 6323(a)(1) of title 5, United

4 States Code, is amended by striking ‘‘funeral honors duty

5 (as described in section 12503 of title 10 and section 115

6 of title 32),’’.

7 (b) TITLE 38.—Section 4303(13) of title 38, United

8 States Code, is amended—

9 (1) by inserting ‘‘and’’ after ‘‘full-time National

10 Guard duty,’’; and

11 (2) by striking ‘‘, and a period for which a per12 son is absent from employment for the purpose of

13 performing funeral honors duty as authorized by

14 section 12503 of title 10 or section 115 of title 32.’’.

15 Subtitle H—Other Matters

16 SEC. 571. ACCESSION OF PERSONS WITH SPECIALIZED

17 SKILLS.

18 (a) INITIAL SERVICE OBLIGATION.—Subsection (a)

19 of section 651 of title 10, United States Code, is

20 amended—

21 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

22 (2) by striking ‘‘deferred under the next to the

23 last sentence of section 6(d)(1) of the Military Selec24 tive Service Act (50 U.S.C. App. 456(d)(1))’’ and in25 serting ‘‘described in paragraph (3)’’; and
†

151

S 2400 PP

1 (3) by adding at the end the following new

2 paragraphs:

3 ‘‘(2) The Secretary concerned may—

4 ‘‘(A) waive the applicability of paragraph (1) to

5 a person who, as determined by the Secretary con6 cerned, is accessed into an armed force under the ju7 risdiction of that Secretary based on unique skills

8 acquired in a civilian occupation and is to serve in

9 that armed force in a specialty requiring those skills;

10 and

11 ‘‘(B) require any alternative period of obligated

12 service that the Secretary considers appropriate to

13 meet the needs of the armed force that such person

14 is entering.

15 ‘‘(3) The requirement under paragraph (1) does not

16 apply to a person who is deferred under the next to the

17 last sentence of section 6(d)(1) of the Military Selective

18 Service Act (50 U.S.C. App. 456(d)(1)).

19 (b) BASIC TRAINING PERIOD.—Subsection (c) of sec20 tion 671 of such title is amended—

21 (1) by redesignating paragraph (2) as para22 graph (3); and

23 (2) by striking ‘‘(c)(1)’’ and all that follows

24 through ‘‘Any such period’’ in the second sentence

25 of paragraph (1) and inserting the following:
†

152

S 2400 PP

1 ‘‘(c)(1) A period of basic training (or equivalent

2 training) shorter than 12 weeks may be established by the

3 Secretary concerned for members of the armed forces who,

4 as determined by the Secretary under regulations pre5 scribed under paragraph (3)—

6 ‘‘(A) have been credentialed in a medical pro7 fession or occupation and are serving in a health8 care occupational specialty; or

9 ‘‘(B) have unique skills acquired in a civilian

10 occupation and are to serve in a military specialty

11 or position requiring those skills.

12 ‘‘(2) Any period of basic training under paragraph

13 (1)’’.

14 SEC. 572. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE

15 MILITARY VOTERS LOCATED IN THE UNITED

16 STATES.

17 (a) DUTIES OF PRESIDENTIAL DESIGNEE.—Section

18 101(b)(3) of the Uniformed and Overseas Citizens Absen19 tee Voting Act (42 U.S.C. 1973ff(b)(3)) is amended by

20 striking ‘‘overseas voters’’ and inserting ‘‘absent uni21 formed services voters and overseas voters’’.

22 (b) FEDERAL WRITE-IN ABSENTEE BALLOT.—Sec23 tion 103 of such Act (42 U.S.C. 1973ff–2) is amended—
†

153

S 2400 PP

1 (1) in subsection (a), by striking ‘‘overseas vot2 ers’’ and inserting ‘‘absent uniformed services voters

3 and overseas voters’’;

4 (2) in subsection (b), by striking the second

5 sentence and inserting the following new sentence:

6 ‘‘A Federal write-in absentee ballot of an absent uni7 formed services voter or overseas voter shall not be

8 counted—

9 ‘‘(1) if the application of the absent uniformed

10 services voter or overseas voter for a State absentee

11 ballot is received by the appropriate State election

12 official after the later of—

13 ‘‘(A) the deadline of the State for receipt

14 of such application; or

15 ‘‘(B) the date that is 30 days before the

16 general election; or

17 ‘‘(2) if a State absentee ballot of the absent

18 uniformed services voter or overseas voter is received

19 by the appropriate State election official not later

20 than the deadline for receipt of the State absentee

21 ballot under State law.’’;

22 (3) in subsection (c)(1), by striking ‘‘overseas

23 voter’’ and inserting ‘‘absent uniformed services

24 voter or overseas voter’’;
†

154

S 2400 PP

1 (4) in subsection (d), by striking ‘‘overseas

2 voter’’ both places it appears and inserting ‘‘absent

3 uniformed services voter or overseas voter’’; and

4 (5) in subsection (e)(2), by striking ‘‘overseas

5 voters’’ and inserting ‘‘absent uniformed services

6 voters and overseas voters’’.

7 (c) CONFORMING AMENDMENTS.—(1) The heading

8 of section 103 of such Act is amended to read as follows:

9 ‘‘SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GEN10 ERAL ELECTIONS FOR FEDERAL OFFICE FOR

11 ABSENT UNIFORMED SERVICES VOTERS AND

12 OVERSEAS VOTERS.’’.

13 (2) The subsection caption for subsection (d) of such

14 section is amended by striking ‘‘OVERSEAS VOTER’’ and

15 inserting ‘‘ABSENT UNIFORMED SERVICES VOTER OR

16 OVERSEAS VOTER’’.

17 SEC. 573. RENAMING OF NATIONAL GUARD CHALLENGE

18 PROGRAM AND INCREASE IN MAXIMUM FED19 ERAL SHARE OF COST OF STATE PROGRAMS

20 UNDER THE PROGRAM.

21 (a) RENAMING.—The text of section 509 of title 32,

22 United States Code, is amended by striking ‘‘National

23 Guard Challenge Program’’ each place it appears and in24 serting ‘‘National Guard Youth Challenge Program’’.
†

155

S 2400 PP

1 (b) INCREASE IN MAXIMUM FEDERAL SHARE OF

2 COST OF STATE PROGRAMS.—Subsection (d) of such sec3 tion is amended by striking paragraphs (1), (2), (3), and

4 (4), and inserting the following new paragraphs:

5 ‘‘(1) for fiscal year 2004, 60 percent of the

6 costs of operating the State program during that

7 year;

8 ‘‘(2) for fiscal year 2005, 65 percent of the

9 costs of operating the State program during that

10 year;

11 ‘‘(3) for fiscal year 2006, 70 percent of the

12 costs of operating the State program during that

13 year; and

14 ‘‘(4) for fiscal year 2007 and each subsequent

15 fiscal year, 75 percent of the costs of operating the

16 State program during such year.’’.

17 (c) CONFORMING AND CLERICAL AMENDMENTS.—

18 (1) The heading of such section is amended to read as

19 follows:

20 ‘‘§ 509. National Guard Youth Challenge Program of

21 opportunities for civilian youth’’.

22 (2) The table of sections at the beginning of chapter

23 5 of such title is amended by striking the item relating

24 to section 509 and inserting the following new item:

‘‘509. National Guard Youth Challenge Program of opportunities for civilian

youth.’’.
†

156

S 2400 PP

1 SEC. 574. APPEARANCE OF VETERANS SERVICE ORGANIZA2 TIONS AT PRESEPARATION COUNSELING

3 PROVIDED BY THE DEPARTMENT OF DE4 FENSE.

5 (a) APPEARANCE TO COUNSELING FOR DISCHARGE

6 OR RELEASE FROM ACTIVE DUTY.—Section 1142 of title

7 10, United States Code, is amended by adding at the end

8 the following new subsection:

9 ‘‘(d) APPEARANCE BY VETERANS SERVICE ORGANI10 ZATIONS.—(1) The Secretary concerned may permit a rep11 resentative of a veterans service organization to appear at

12 and participate in any preseparation counseling provided

13 to a member of the armed forces under this section.

14 ‘‘(2) For purposes of this subsection, a veterans serv15 ice organization is any organization recognized by the Sec16 retary of Veterans Affairs for the representation of vet17 erans under section 5902 of title 38.’’.

18 (b) MEETING WITH RESERVES RELEASED FROM AC19 TIVE DUTY FOR FURTHER SERVICE IN THE RESERVES.—

20 (1) A unit of a reserve component on active duty in the

21 Armed Forces may, upon release from active duty in the

22 Armed Forces for further service in the reserve compo23 nents, meet with a veterans service organization for infor24 mation and assistance relating to such release if the com25 mander of the unit authorizes the meeting.
†

157

S 2400 PP

1 (2) The time of a meeting for a unit under paragraph

2 (1) may be scheduled by the commander of the unit for

3 such time after the release of the unit as described in that

4 paragraph as the commander of the unit determines ap5 propriate to maximize the benefit of the meeting to the

6 members of the unit.

7 (3) For purposes of this subsection, a veterans service

8 organization is any organization recognized by the Sec9 retary of Veterans Affairs for the representation of vet10 erans under section 5902 of title 38, United States Code.

11 SEC. 575. SENSE OF THE SENATE REGARDING RETURN OF

12 MEMBERS TO ACTIVE DUTY SERVICE UPON

13 REHABILITATION FROM SERVICE-RELATED

14 INJURIES.

15 (a) FINDINGS.—Congress makes the following find16 ings:

17 (1) The generation of young men and women

18 currently serving on active duty in the Armed

19 Forces, which history will record as being among the

20 greatest, has shown in remarkable numbers an indi21 vidual resolve to recover from injuries incurred in

22 such service and to return to active service in the

23 Armed Forces.

24 (2) Since September 11, 2001, numerous brave

25 soldiers, sailors, airmen, and Marines have incurred
†

158

S 2400 PP

1 serious combat injuries, including (as of June 2004)

2 approximately 100 members of the Armed Forces

3 who have been fitted with artificial limbs as a result

4 of devastating injuries sustained in combat overseas.

5 (3) In cases involving combat-related injuries

6 and other service-related injuries it is possible, as a

7 result of advances in technology and extensive reha8 bilitative services, to restore to members of the

9 Armed Forces sustaining such injuries the capability

10 to resume the performance of active military service,

11 including, in a few cases, the capability to partici12 pate directly in the performance of combat missions.

13 (b) SENSE OF THE SENATE.—It is the sense of the

14 Senate that—

15 (1) members of the Armed Forces who on their

16 own initiative are highly motivated to return to ac17 tive duty service following rehabilitation from inju18 ries incurred in their service in the Armed Forces,

19 after appropriate medical review should be given the

20 opportunity to present their cases for continuing to

21 serve on active duty in varied military capacities;

22 (2) other than appropriate medical review, there

23 should be no barrier in policy or law to such a mem24 ber having the option to return to military service on

25 active duty; and
†

159

S 2400 PP

1 (3) the Secretary of Defense should develop

2 specific protocols that expand options for such mem3 bers to return to active duty service and to be re4 trained to perform military missions for which they

5 are fully capable.

6 TITLE VI—COMPENSATION AND

7 OTHER PERSONNEL BENEFITS

8 Subtitle A—Pay and Allowances

9 SEC. 601. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE

10 DURING SHORT-ASSIGNMENT PERMANENT

11 CHANGES OF STATION FOR EDUCATION OR

12 TRAINING.

13 (a) AUTHORITY.—Paragraph (3) of subsection (d) of

14 section 403 of title 37, United States Code, is amended

15 by adding at the end the following new subparagraph:

16 ‘‘(C) In the case of a member who is reassigned

17 for a permanent change of station or permanent

18 change of assignment from a duty station within the

19 continental United States to another duty station

20 within the continental United States for a period of

21 not more than one year for the purpose of partici22 pating in professional military education or training

23 classes, the amount of the basic allowance for hous24 ing for the member may be based on whichever of

25 the following areas the Secretary concerned deter-
†

160

S 2400 PP

1 mines to provide the more equitable basis for the al2 lowance:

3 ‘‘(i) The area of the duty station to which

4 the member is reassigned.

5 ‘‘(ii) The area of the member’s last duty

6 station, but only if, and for the period that, the

7 member’s dependents reside in that area on and

8 after the date of the member’s departure for

9 the duty station to which the member is reas10 signed.’’.

11 (b) CONFORMING AMENDMENT.—The heading of

12 such subsection is amended by striking ‘‘ARE UNABLE

13 TO’’ and inserting ‘‘DO NOT’’.

14 SEC. 602. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR

15 UNUSUAL NONRECURRING EXPENSES IN16 CURRED FOR DUTY OUTSIDE THE CONTI17 NENTAL UNITED STATES.

18 Section 405 of title 37, United States Code, is

19 amended by adding at the end the following new sub20 section:

21 ‘‘(d) NONRECURRING EXPENSES.—(1) The Secretary

22 concerned may pay a member of the uniformed services

23 on duty as described in subsection (a) a reimbursement

24 for a nonrecurring expense incurred by the member inci25 dent to such duty that—
†

161

S 2400 PP

1 ‘‘(A) is directly related to the conditions or lo2 cation of the duty;

3 ‘‘(B) is of a nature or a magnitude not nor4 mally incurred by members of the uniformed services

5 on duty inside the continental United States; and

6 ‘‘(C) is not included in the per diem determined

7 under subsection (b) as payable to the member

8 under subsection (a).

9 ‘‘(2) Any reimbursement payable to a member under

10 paragraph (1) is in addition to a per diem payable to that

11 member under subsection (a).’’.

12 SEC. 603. PERMANENT INCREASE IN AUTHORIZED AMOUNT

13 OF FAMILY SEPARATION ALLOWANCE.

14 (a) PERMANENT AMOUNT.—Subsection (a)(1) of sec15 tion 427 of title 37, United States Code, is amended by

16 striking ‘‘$100’’ and inserting ‘‘$250’’.

17 (b) REPEAL OF TEMPORARY AUTHORITY.—Sub18 section (e) of such section is repealed.

19 (c) EFFECTIVE DATE.—This section and the amend20 ments made by this section shall take effect on the earlier

21 of—

22 (1) the first day of the first month that begins

23 after the date of the enactment of this Act; or

24 (2) January 1, 2005.
†

162

S 2400 PP

1 Subtitle B—Bonuses and Special

2 and Incentive Pays

3 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

4 SPECIAL PAY AUTHORITIES FOR RESERVE

5 FORCES.

6 (a) SELECTED RESERVE REENLISTMENT BONUS.—

7 Section 308b(g) of title 37, United States Code, is amend8 ed by striking ‘‘December 31, 2004’’ and inserting ‘‘De9 cember 31, 2005’’.

10 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec11 tion 308c(e) of such title is amended by striking ‘‘Decem12 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’.

13 (c) SPECIAL PAY FOR ENLISTED MEMBERS AS14 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

15 308d(c) of such title is amended by striking ‘‘December

16 31, 2004’’ and inserting ‘‘December 31, 2005’’.

17 (d) SELECTED RESERVE AFFILIATION BONUS.—Sec18 tion 308e(e) of such title is amended by striking ‘‘Decem19 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’.

20 (e) READY RESERVE ENLISTMENT AND REENLIST21 MENT BONUS.—Section 308h(g) of such title is amended

22 by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem23 ber 31, 2005’’.
†

163

S 2400 PP

1 (f) PRIOR SERVICE ENLISTMENT BONUS.—Section

2 308i(f ) of such title is amended by striking ‘‘December

3 31, 2004’’ and inserting ‘‘December 31, 2005’’.

4 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

5 SPECIAL PAY AUTHORITIES FOR CERTAIN

6 HEALTH CARE PROFESSIONALS.

7 (a) NURSE OFFICER CANDIDATE ACCESSION PRO8 GRAM.—Section 2130a(a)(1) of title 10, United States

9 Code, is amended by striking ‘‘December 31, 2004’’ and

10 inserting ‘‘December 31, 2005’’.

11 (b) REPAYMENT OF EDUCATION LOANS FOR CER12 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE13 LECTED RESERVE.—Section 16302(d) of such title is

14 amended by striking ‘‘January 1, 2005’’ and inserting

15 ‘‘January 1, 2006’’.

16 (c) ACCESSION BONUS FOR REGISTERED NURSES.—

17 Section 302d(a)(1) of title 37, United States Code, is

18 amended by striking ‘‘December 31, 2004’’ and inserting

19 ‘‘December 31, 2005’’.

20 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES21 THETISTS.—Section 302e(a)(1) of such title is amended

22 by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem23 ber 31, 2005’’.

24 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

25 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE-
†

164

S 2400 PP

1 CIALTIES.—Section 302g(f ) of such title is amended by

2 striking ‘‘December 31, 2004’’ and inserting ‘‘December

3 31, 2005’’.

4 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—

5 Section 302h(a)(1) of such title is amended by striking

6 ‘‘December 31, 2004’’ and inserting ‘‘December 31,

7 2005’’.

8 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND

9 BONUS AUTHORITIES FOR NUCLEAR OFFI10 CERS.

11 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI12 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

13 312(e) of title 37, United States Code, is amended by

14 striking ‘‘December 31, 2004’’ and inserting ‘‘December

15 31, 2005’’.

16 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

17 312b(c) of such title is amended by striking ‘‘December

18 31, 2004’’ and inserting ‘‘December 31, 2005’’.

19 (c) NUCLEAR CAREER ANNUAL INCENTIVE

20 BONUS.—Section 312c(d) of such title is amended by

21 striking ‘‘December 31, 2004’’ and inserting ‘‘December

22 31, 2005’’.
†

165

S 2400 PP

1 SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND

2 SPECIAL PAY AUTHORITIES.

3 (a) AVIATION OFFICER RETENTION BONUS.—Sec4 tion 301b(a) of title 37, United States Code, is amended

5 by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem6 ber 31, 2005’’.

7 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f)

8 of such title is amended by striking ‘‘December 31, 2005’’

9 and inserting ‘‘December 31, 2006’’.

10 (c) REENLISTMENT BONUS FOR ACTIVE MEM11 BERS.—Section 308(g) of such title is amended by strik12 ing ‘‘December 31, 2004’’ and inserting ‘‘December 31,

13 2005’’.

14 (d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—

15 Section 309(e) of such title is amended by striking ‘‘De16 cember 31, 2004’’ and inserting ‘‘December 31, 2005’’.

17 (e) RETENTION BONUS FOR MEMBERS WITH CRIT18 ICAL MILITARY SKILLS.—Section 323(i) of such title is

19 amended by striking ‘‘December 31, 2004’’ and inserting

20 ‘‘December 31, 2005’’.

21 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT22 ICAL SKILLS.—Section 324(g) of such title is amended by

23 striking ‘‘December 31, 2004’’ and inserting ‘‘December

24 31, 2005’’.
†

166

S 2400 PP

1 SEC. 615. REDUCED SERVICE OBLIGATION FOR NURSES RE2 CEIVING NURSE ACCESSION BONUS.

3 (a) PERIOD OF OBLIGATED SERVICE.—Section

4 302d(a)(1) of title 37, United States Code, is amended

5 by striking ‘‘four years’’ and inserting ‘‘three years’’.

6 (b) EFFECTIVE DATE AND APPLICABILITY.—The

7 amendment made by subsection (a) shall take effect on

8 October 1, 2004, and shall apply with respect to agree9 ments entered into under section 302d of title 37, United

10 States Code, on or after such date.

11 SEC. 616. ASSIGNMENT INCENTIVE PAY.

12 (a) DISCONTINUATION UPON COMMENCEMENT OF

13 TERMINAL LEAVE.—(1) Subsection (e) of section 307a of

14 title 37, United States Code, is amended by striking ‘‘ab15 sence of the member for authorized leave.’’ and inserting

16 the following:

17 ‘‘(2) absence of the member for authorized

18 leave, other than leave authorized for a period end19 ing upon the discharge of the member or the release

20 of the member from active duty.’’.

21 (2) Such subsection is further amended by striking

22 ‘‘by reason of’’ and all that follows through ‘‘pursuant to

23 orders or’’ and inserting ‘‘by reason of—

24 ‘‘(1) temporary duty performed by the member

25 pursuant to orders; or’’.
†

167

S 2400 PP

1 (b) DISCRETIONARY WRITTEN AGREEMENTS.—Sub2 section (b) of such section is amended to read as follows:

3 ‘‘(b) WRITTEN AGREEMENT.—The Secretary con4 cerned may require a member to enter into a written

5 agreement with the Secretary in order to qualify for the

6 incentive pay under this section. A written agreement

7 under this subsection shall set forth the period for which

8 the incentive pay is to be provided and the monthly rate

9 at which the incentive pay is to be paid.’’.

10 (c) EFFECTIVE DATE AND APPLICABILITY.—(1) The

11 amendments made by subsection (a) shall take effect on

12 October 1, 2004.

13 (2) Paragraph (2) of section 307a(e) of title 37,

14 United States Code, shall apply with respect to authorized

15 leave for days after September 30, 2004.

16 SEC. 617. PERMANENT INCREASE IN AUTHORIZED AMOUNT

17 OF HOSTILE FIRE AND IMMINENT DANGER

18 SPECIAL PAY.

19 (a) PERMANENT AMOUNT.—Subsection (a) of section

20 310 of title 37, United States Code, is amended by strik21 ing ‘‘$150’’ in the matter preceding paragraph (1) and

22 inserting ‘‘$225’’.

23 (b) REPEAL OF TEMPORARY AUTHORITY.—Sub24 section (e) of such section is repealed.
†

168

S 2400 PP

1 (c) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect on the earlier

3 of—

4 (1) the first day of the first month that begins

5 after the date of the enactment of this Act; or

6 (2) January 1, 2005.

7 SEC. 618. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY

8 FOR CRITICAL SKILLS RETENTION BONUS

9 WHILE SERVING ON INDEFINITE REENLIST10 MENT.

11 Paragraph (2) of section 323(a) of title 37, United

12 States Code, is amended to read as follows:

13 ‘‘(2) in the case of an enlisted member—

14 ‘‘(A) the member, if serving under an en15 listment for a definite period—

16 ‘‘(i) reenlists for a period of at least

17 one year; or

18 ‘‘(ii) voluntarily extends the member’s

19 enlistment for a period of at least one

20 year; or

21 ‘‘(B) the member, if serving under an en22 listment for an indefinite period, enters into a

23 written agreement with the Secretary concerned

24 to remain on active duty for at least one year

25 under such enlistment.’’.
†

169

S 2400 PP

1 SEC. 619. CLARIFICATION OF EDUCATIONAL PURSUITS

2 QUALIFYING FOR SELECTED RESERVE EDU3 CATION LOAN REPAYMENT PROGRAM FOR

4 HEALTH PROFESSIONS OFFICERS.

5 Section 16302(a)(5) of title 10, United States Code,

6 is amended by striking ‘‘regarding’’ and inserting ‘‘for a

7 basic professional qualifying degree (as determined under

8 regulations prescribed by the Secretary), or graduate edu9 cation, in’’.

10 SEC. 620. BONUS FOR CERTAIN INITIAL SERVICE OF COM11 MISSIONED OFFICERS IN THE SELECTED RE12 SERVE.

13 (a) AUTHORITY.—Chapter 5 of title 37, United

14 States Code, is amended by inserting after section 308i

15 the following new section:

16 ‘‘§ 308j. Special pay: bonus for certain initial service

17 of commissioned officers in the Selected

18 Reserve

19 ‘‘(a) AFFILIATION BONUS.—(1) The Secretary con20 cerned may pay an affiliation bonus under this section to

21 an eligible commissioned officer in any of the armed forces

22 who enters into an agreement with the Secretary to serve,

23 for the period specified in the agreement, in the Selected

24 Reserve of the Ready Reserve of an armed force under

25 the Secretary’s jurisdiction—
†

170

S 2400 PP

1 ‘‘(A) in a critical officer skill designated under

2 paragraph (3); or

3 ‘‘(B) to meet a manpower shortage in—

4 ‘‘(i) a unit of that Selected Reserve; or

5 ‘‘(ii) a particular pay grade in that armed

6 force.

7 ‘‘(2) A commissioned officer is eligible for an affili8 ation bonus under this section if the officer—

9 ‘‘(A) either—

10 ‘‘(i) is serving on active duty for a period

11 of more than 30 days; or

12 ‘‘(ii) is a member of a reserve component

13 not on active duty and, if the member formerly

14 served on active duty, was released from active

15 duty under honorable conditions;

16 ‘‘(B) has not previously served in the Selected

17 Reserve of the Ready Reserve; and

18 ‘‘(C) is not entitled to receive retired or retainer

19 pay.

20 ‘‘(3)(A) The Secretary concerned shall designate for

21 an armed force under the Secretary’s jurisdiction the crit22 ical officer skills to which the bonus authority under this

23 subsection is to be applied.

24 ‘‘(B) A skill may be designated as a critical officer

25 skill for an armed force under subparagraph (A) if, to
†

171

S 2400 PP

1 meet requirements of that armed force, it is critical for

2 that armed force to have a sufficient number of officers

3 who are qualified in that skill.

4 ‘‘(4) An affiliation bonus payable pursuant to an

5 agreement under this section to an eligible officer accrues

6 on the date on which the person is assigned to a unit or

7 position in the Selected Reserve pursuant to such agree8 ment.

9 ‘‘(b) ACCESSION BONUS.—(1) The Secretary con10 cerned may pay an accession bonus under this section to

11 an eligible person who enters into an agreement with the

12 Secretary—

13 ‘‘(A) to accept an appointment as a commis14 sioned officer in the armed forces; and

15 ‘‘(B) to serve in the Selected Reserve of the

16 Ready Reserve in a skill designated under paragraph

17 (2) for a period specified in the agreement.

18 ‘‘(2)(A) The Secretary concerned shall designate for

19 an armed force under the Secretary’s jurisdiction the offi20 cer skills to which the authority under this subsection is

21 to be applied.

22 ‘‘(B) A skill may be designated for an armed force

23 under subparagraph (A) if, to mitigate a current or pro24 jected significant shortage of personnel in that armed

25 force who are qualified in that skill, it is critical to in-
†

172

S 2400 PP

1 crease the number of persons accessed into that armed

2 force who are qualified in that skill or are to be trained

3 in that skill.

4 ‘‘(3) An accession bonus payable to a person pursu5 ant to an agreement under this section accrues on the date

6 on which that agreement is accepted by the Secretary con7 cerned.

8 ‘‘(c) PERIOD OF OBLIGATED SERVICE.—An agree9 ment entered into with the Secretary concerned under this

10 section shall require the person entering into that agree11 ment to serve in the Selected Reserve for a specified pe12 riod. The period specified in the agreement shall be any

13 period not less than three years that the Secretary con14 cerned determines appropriate to meet the needs of the

15 reserve component in which the service is to be performed.

16 ‘‘(d) AMOUNT.—The amount of a bonus under this

17 section may be any amount not in excess of $6,000 that

18 the Secretary concerned determines appropriate.

19 ‘‘(e) PAYMENT.—Upon acceptance of a written agree20 ment by the Secretary concerned under this section, the

21 total amount of the bonus payable under the agreement

22 becomes fixed. The agreement shall specify whether the

23 bonus is to be paid in one lump sum or in installments.

24 ‘‘(f) RELATION TO OTHER ACCESSION BONUS AU25 THORITY.—No person may receive an affiliation bonus or
†

173

S 2400 PP

1 accession bonus under this section and financial assistance

2 under chapter 1608, 1609, or 1611 of title 10, or under

3 section 302g of this title, for the same period of service.

4 ‘‘(g) REPAYMENT FOR FAILURE TO COMMENCE OR

5 COMPLETE OBLIGATED SERVICE.—(1) A person who,

6 after receiving all or part of the bonus under an agreement

7 entered into by that person under this section, does not

8 accept a commission as an officer or does not commence

9 to participate or does not satisfactorily participate in the

10 Selected Reserve for the total period of service specified

11 in the agreement shall repay to the United States such

12 compensation or benefit, except under conditions pre13 scribed by the Secretary concerned.

14 ‘‘(2) The Secretary concerned shall include in each

15 agreement entered into by the Secretary under this section

16 the requirements that apply for any repayment under this

17 subsection, including the method for computing the

18 amount of the repayment and any exceptions.

19 ‘‘(3) An obligation to repay the United States im20 posed under paragraph (1) is for all purposes a debt owed

21 to the United States. A discharge in bankruptcy under

22 title 11 that is entered less than five years after the termi23 nation of an agreement entered into under this section

24 does not discharge a person from a debt arising under an
†

174

S 2400 PP

1 agreement entered into under this subsection or a debt

2 arising under paragraph (1).’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of such chapter is amended by adding

5 at the end the following new item:

‘‘308j. Special pay: bonus for certain initial service of commissioned officers in

the Selected Reserve.’’.

6 SEC. 621. RELATIONSHIP BETWEEN ELIGIBILITY TO RE7 CEIVE SUPPLEMENTAL SUBSISTENCE AL8 LOWANCE AND ELIGIBILITY TO RECEIVE IM9 MINENT DANGER PAY, FAMILY SEPARATION

10 ALLOWANCE, AND CERTAIN FEDERAL ASSIST11 ANCE.

12 (a) ENTITLEMENT NOT AFFECTED BY RECEIPT OF

13 IMMINENT DANGER PAY AND FAMILY SEPARATION AL14 LOWANCE.—Subsection (b)(2) of section 402a of title 37,

15 United States Code, is amended by striking subparagraph

16 (A) and inserting the following:

17 ‘‘(A) shall not take into consideration—

18 ‘‘(i) the amount of the supplemental sub19 sistence allowance that is payable under this

20 section;

21 ‘‘(ii) the amount of special pay (if any)

22 that is payable under section 310 of this sec23 tion, relating to duty subject to hostile fire or

24 imminent danger; or
†

175

S 2400 PP

1 ‘‘(iii) the amount of family separation al2 lowance (if any) that is payable under section

3 427 of this title; but’’.

4 (b) ELIGIBILITY FOR OTHER FEDERAL ASSIST5 ANCE.—Section 402a of such title is amended—

6 (1) by redesignating subsections (g) and (h) as

7 subsections (h) and (i), respectively; and

8 (2) by inserting after subsection (f) the fol9 lowing new subsection (g):

10 ‘‘(g) ELIGIBILITY FOR OTHER FEDERAL ASSIST11 ANCE.—(1)(A) A child or spouse of a member of the

12 armed forces receiving the supplemental subsistence allow13 ance under this section who, except for the receipt of such

14 allowance, would otherwise be eligible to receive a benefit

15 described in subparagraph (B) shall be considered to be

16 eligible for that benefit.

17 ‘‘(B) The benefits referred to in subparagraph (A)

18 are as follows:

19 ‘‘(i) Assistance provided under the Richard B.

20 Russell National School Lunch Act (42 U.S.C. 1751

21 et seq.).

22 ‘‘(ii) Assistance provided under the Child Nutri23 tion Act of 1966 (42 U.S.C. 1771 et seq.).

24 ‘‘(iii) A service under the Head Start Act (42

25 U.S.C. 9831 et seq.).
†

176

S 2400 PP

1 ‘‘(iv) Assistance under the Child Care and De2 velopment Block Grant Act of 1990 (42 U.S.C.

3 9858 et seq.).

4 ‘‘(2) A household that includes a member of the

5 armed forces receiving the supplemental subsistence allow6 ance under this section and, except for the receipt of such

7 allowance, would otherwise be eligible to receive a benefit

8 under the Low-Income Home Energy Assistance Act of

9 1981 (42 U.S.C. 8621 et seq.) shall be considered to be

10 eligible for that benefit.’’.

11 (c) REQUIREMENT FOR REPORT.—(1) Not later than

12 180 days after the date of the enactment of this Act, the

13 Secretary of Defense shall submit to the committees of

14 Congress named in paragraph (2) a report on the accessi15 bility of social services to members of the Armed Forces

16 and their families. The report shall include the following

17 matters:

18 (A) The social services for which members of

19 the Armed Forces and their families are eligible

20 under social services programs generally available to

21 citizens and other nationals of the United States.

22 (B) The extent to which members of the Armed

23 Forces and their families utilize the social services

24 for which they are eligible under the programs iden25 tified under subparagraph (A).
†

177

S 2400 PP

1 (C) The efforts made by each of the military

2 departments—

3 (i) to ensure that members of the Armed

4 Forces and their families are aware of the so5 cial services for which they are eligible under

6 the programs identified under subparagraph

7 (A); and

8 (ii) to assist members and their families in

9 applying for and obtaining such social services.

10 (2) The committees of Congress referred to in para11 graph (1) are as follows:

12 (A) The Committee on Armed Services and the

13 Committee on Health, Education, Labor, and Pen14 sions of the Senate.

15 (B) The Committee on Armed Services of the

16 House of Representatives.

17 (d) EFFECTIVE DATE.—(1) Except as provided in

18 paragraph (2), this section and the amendments made by

19 this section shall take effect on October 1, 2004.

20 (2) Subsection (c) shall take effect on the date of the

21 enactment of this Act.
†

178

S 2400 PP

1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES

4 FOR FAMILY MEMBERS TO ATTEND BURIAL

5 CEREMONIES OF MEMBERS WHO DIE ON

6 DUTY.

7 (a) AUTHORIZED TRAVEL DESTINATION.—Sub8 section (a)(1) of section 411f of title 37, United States

9 Code, is amended by inserting before the period at the

10 end the following: ‘‘at the location determined under sub11 section (a)(8) or (d)(2) of section 1482 of title 10’’.

12 (b) LIMITATION ON AMOUNT.—Subsection (b) of

13 such section is amended to read as follows:

14 ‘‘(b) LIMITATION ON AMOUNT.—Allowances for trav15 el under subsection (a) may not exceed the rates for two

16 days and the time necessary for such travel.’’.

17 (c) UNCONDITIONAL ELIGIBILITY OF DECEASED’S

18 PARENTS.—Subsection (c)(1)(C) of such section is

19 amended by striking ‘‘If no person described in subpara20 graph (A) or (B) is provided travel and transportation al21 lowances under subsection (a)(1), the’’ and inserting

22 ‘‘The’’.
†

179

S 2400 PP

1 SEC. 632. LODGING COSTS INCURRED IN CONNECTION

2 WITH DEPENDENT STUDENT TRAVEL.

3 (a) AUTHORITY.—Section 430(b)(1) of title 37,

4 United States Code, is amended—

5 (1) by inserting ‘‘(A)’’ after ‘‘(b) ALLOWANCE

6 AUTHORIZED.—(1)’’; and

7 (2) by adding at the end the following new sub8 paragraph:

9 ‘‘(B) The allowance authorized under subparagraph

10 (A) for an eligible dependent’s travel may include reim11 bursement for costs that are incurred by or for the de12 pendent for lodging of the dependent that is necessitated

13 by an interruption in the travel caused by extraordinary

14 circumstances prescribed in the regulations under sub15 section (a). The amount of a reimbursement payable

16 under this subparagraph shall be a rate that is applicable

17 to the circumstances under regulations prescribed by the

18 Secretaries concerned.’’.

19 (b) EFFECTIVE DATE AND APPLICABILITY.—The

20 amendments made by subsection (a) shall take effect on

21 October 1, 2004, and shall apply with respect to lodging

22 that commences on or after such date.
†

180

S 2400 PP

1 Subtitle D—Retired Pay and

2 Survivor Benefits

3 SEC. 641. SPECIAL RULE FOR COMPUTING THE HIGH-36

4 MONTH AVERAGE FOR DISABLED MEMBERS

5 OF RESERVE COMPONENTS.

6 (a) COMPUTATION OF HIGH 36-MONTH AVERAGE.—

7 Subsection (c) of section 1407 of title 10, United States

8 Code, is amended by adding at the end the following new

9 paragraph:

10 ‘‘(3) SPECIAL RULE FOR RESERVE COMPONENT

11 MEMBERS.—In the application of paragraphs (1)

12 and (2) to a member of a reserve component of a

13 uniformed service who is entitled to retired pay

14 under section 1201 or 1202 of this title, each month

15 during which the member performed duty for which

16 basic pay is paid under section 203 of title 37 or

17 compensation is paid under section 206 of such title

18 shall be treated as if it were one month of active

19 service.’’.

20 (b) EFFECTIVE DATES AND APPLICABILITY.—(1)

21 Paragraph (3) of section 1407(c) of title 10, United States

22 Code (as added by subsection (a)), shall take effect on Oc23 tober 1, 2004, and shall apply with respect to months be24 ginning on or after such date, except as provided in para25 graph (2).
†

181

S 2400 PP

1 (2) For the computation of survivor annuities under

2 subparagraph (A)(i) or (B) of section 1451(c)(1) of title

3 10, United States Code (as amended by section 642(b)

4 of Public Law 107–107; 115 Stat. 1152)), paragraph (3)

5 of section 1407(c) of title 10, United States Code (as

6 added by subsection (a)), shall take effect as of September

7 10, 2001, and shall apply with respect to deaths of mem8 bers of the uniformed services occurring on or after that

9 date.

10 SEC. 642. DEATH BENEFITS ENHANCEMENT.

11 (a) FINAL ACTIONS ON FISCAL YEAR 2004 DEATH

12 BENEFITS STUDY.—(1) Congress finds that the study of

13 the Federal death benefits for survivors of deceased mem14 bers of the Armed Forces under section 647 of the Na15 tional Defense Authorization Act for Fiscal Year 2004

16 (Public Law 108–136; 117 Stat. 1520) has given Con17 gress sufficient insight to initiate action to provide for the

18 enhancement of the current set of death benefits that are

19 provided under law for the survivors.

20 (2) The Secretary of Defense shall expedite the com21 pletion and submission of the final report, which was due

22 on March 1, 2004, under section 647 of the National De23 fense Authorization Act for Fiscal Year 2004.

24 (3) It is the sense of Congress that the President

25 should promptly submit to Congress any recommendation
†

182

S 2400 PP

1 for legislation, together with a request for appropriations,

2 that the President determines necessary to implement the

3 death benefits enhancements that are recommended in the

4 final report under section 647 of the National Defense Au5 thorization Act for Fiscal Year 2004.

6 (b) INCREASES OF DEATH GRATUITY CONSISTENT

7 WITH INCREASES OF RATES OF BASIC PAY.—Section

8 1478 of title 10, United States Code, is amended—

9 (1) in subsection (a), by inserting ‘‘(as adjusted

10 under subsection (c)’’ before the period at the end

11 of the first sentence; and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(c) Effective on the date on which rates of basic pay

15 under section 204 of this title are increased under section

16 1009 of title 37 or any other provision of law, the amount

17 of the death gratuity provided under subsection (a) shall

18 be increased by the same overall average percentage of the

19 increase in the rates of basic pay taking effect on that

20 date.’’.

21 (c) FISCAL YEAR 2005 ACTIONS.—At the same time

22 that the President submits to Congress the budget for fis23 cal year 2006 under section 1105(a) of title 31, United

24 States Code, the President shall submit to the appropriate

25 committees of Congress referred to in subsection (g) a
†

183

S 2400 PP

1 draft or drafts of legislation to provide enhanced death

2 benefits for survivors of deceased members of the uni3 formed services. The draft legislation shall include provi4 sions for the following:

5 (1) Revision of the Servicemembers’ Group Life

6 Insurance program to provide for—

7 (A) an increase of the maximum benefit

8 provided under Servicemembers’ Group Life In9 surance to $350,000, together with an increase,

10 each fiscal year, by the same overall average

11 percentage increase that takes effect during

12 such fiscal year in the rates of basic pay under

13 section 204 of title 37, United States Code; and

14 (B) a minimum benefit of $100,000 at no

15 cost to the insured members of the uniformed

16 services who elect the maximum coverage, to17 gether with an increase in such minimum ben18 efit each fiscal year by the same percentage in19 crease as is described in subparagraph (A).

20 (2) An additional set of death benefits for each

21 member of the uniformed services who dies in the

22 line of duty while on active duty that includes, at a

23 minimum, an additional death gratuity in the

24 amount that—
†

184

S 2400 PP

1 (A) in the case of a member not described

2 in subparagraph (B), is equal to the sum of—

3 (i) the total amount of the basic pay

4 to which the deceased member would have

5 been entitled under section 204 of title 37,

6 United States Code, if the member had not

7 died and had continued to serve on active

8 duty for an additional year; and

9 (ii) the total amount of all allowances

10 and special pays that the member would

11 have been entitled to receive under title 37,

12 United States Code, over the one-year pe13 riod beginning on the member’s date of

14 death if the member had not died and had

15 continued to serve on active duty for an

16 additional year with the unit to which the

17 member was assigned or detailed on such

18 date; and

19 (B) in the case of a member who dies as

20 a result of an injury caused by or incurred

21 while exposed to hostile action (including any

22 hostile fire or explosion and any hostile action

23 from a terrorist source), is equal to twice the

24 amount calculated under subparagraph (A).
†

185

S 2400 PP

1 (3) Any other new death benefits or enhance2 ment of existing death benefits that the President

3 recommends.

4 (4) Retroactive applicability of the benefits re5 ferred to in paragraph (2) and, as appropriate, the

6 benefits recommended under paragraph (3) so as to

7 provide the benefits—

8 (A) for members of the uniformed services

9 who die in line of duty on or after October 7,

10 2001, of a cause incurred or aggravated while

11 deployed in support of Operation Enduring

12 Freedom; and

13 (B) for members of the uniformed services

14 who die in line of duty on or after March 19,

15 2003, of a cause incurred or aggravated while

16 deployed in support of Operation Iraqi Free17 dom.

18 (d) CONSULTATION.—The President shall consult

19 with the Secretary of Defense and the Secretary of Vet20 erans Affairs in developing the draft legislation required

21 under subsection (c).

22 (e) FISCAL YEAR 2006 BUDGET SUBMISSION.—The

23 budget for fiscal year 2006 that is submitted to Congress

24 under section 1105(a) of title 31, United States Code,

25 shall include draft legislation (other than draft appropria-
†

186

S 2400 PP

1 tions) that includes provisions that, on the basis of the

2 assumption that the draft legislation submitted under sub3 section (c) would be enacted and would take effect in fiscal

4 year 2006—

5 (1) would offset fully the increased outlays that

6 would result from enactment of the provisions of the

7 draft legislation submitted under subsection (c), for

8 fiscal year 2006 and each of the ensuing nine fiscal

9 years;

10 (2) expressly state that they are proposed for

11 the purpose of the offset described in paragraph (1);

12 and

13 (3) are included in full in the estimates that are

14 made by the Director of the Congressional Budget

15 Office and the Director of the Office of Management

16 and Budget under section 252(d) of the Balanced

17 Budget and Emergency Deficit Control Act of 1985

18 (2 U.S.C. 902(d)) with respect to the fiscal years re19 ferred to in paragraph (1).

20 (f) EARLY SUBMISSION OF PROPOSAL FOR ADDI21 TIONAL DEATH BENEFITS.—Congress urges the Presi22 dent to submit the draft of legislation for the additional

23 set of death benefits under paragraph (2) of subsection

24 (c) before the time for submission required under that
†

187

S 2400 PP

1 subsection and as soon as is practicable after the date of

2 the enactment of this Act.

3 (g) APPROPRIATE COMMITTEES OF CONGRESS.—For

4 the purposes of subsection (c), the appropriate committees

5 of Congress are as follows:

6 (1) The Committees on Armed Services of the

7 Senate and the House of Representatives, with re8 spect to draft legislation that is within the jurisdic9 tion of such committees.

10 (2) The Committees on Veterans Affairs of the

11 Senate and the House of Representatives, with re12 spect to draft legislation within the jurisdiction of

13 such committees.

14 SEC. 643. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT

15 OF RETIRED PAY AND VETERANS’ DISABILITY

16 COMPENSATION FOR VETERANS WITH SERV17 ICE-CONNECTED DISABILITIES RATED AS 100

18 PERCENT.

19 Section 1414 of title 10, United States Code, is

20 amended—

21 (1) in subsection (a)(1)—

22 (A) by inserting after the first sentence the

23 following new sentence: ‘‘During the period be24 ginning on January 1, 2004, and ending on De25 cember 31, 2004, payment of retired pay to
†

188

S 2400 PP

1 such a qualified retiree described in subsection

2 (c)(1)(B) is subject to subsection (c).’’; and

3 (B) in the last sentence, by inserting

4 ‘‘(other than a qualified retiree covered by the

5 preceding sentence)’’ after ‘‘such a qualified re6 tiree’’; and

7 (2) in subsection (c)—

8 (A) in paragraph (1)—

9 (i) in subparagraph (A), by inserting

10 ‘‘(other than a retiree described by sub11 paragraph (B))’’ after ‘‘the retiree’’;

12 (ii) by redesignating subparagraphs

13 (B) through (F) as subparagraphs (C)

14 through (G), respectively; and

15 (iii) by inserting after subparagraph

16 (A) the following new subparagraph (B):

17 ‘‘(B) For a month for which the retiree re18 ceives veterans’ disability compensation for a

19 disability rated as 100 percent, $750.’’;

20 (B) by redesignating paragraph (11) as

21 paragraph (12); and

22 (C) by inserting after paragraph (10) the

23 following new paragraph (11):

24 ‘‘(11) INAPPLICABILITY TO VETERANS WITH

25 DISABILITIES RATED AS 100 PERCENT AFTER CAL-
†

189

S 2400 PP

1 ENDAR YEAR 2004.—This subsection shall not apply

2 to a qualified retiree described by paragraph (1)(B)

3 after calendar year 2004.’’.

4 SEC. 644. FULL SBP SURVIVOR BENEFITS FOR SURVIVING

5 SPOUSES OVER AGE 62.

6 (a) PHASED INCREASE IN BASIC ANNUITY.—

7 (1) INCREASE TO 55 PERCENT.—Subsection

8 (a)(1)(B)(i) of section 1451 of title 10, United

9 States Code, is amended by striking ‘‘35 percent of

10 the base amount.’’ and inserting ‘‘the product of the

11 base amount and the percent applicable for the

12 month. The percent applicable for a month is 35

13 percent for months beginning before October 2005,

14 40 percent for months beginning after September

15 2005 and before October 2008, 45 percent for

16 months beginning after September 2008, and 55

17 percent for months beginning after September

18 2014.’’.

19 (2) RESERVE-COMPONENT ANNUITY.—Sub20 section (a)(2)(B)(i)(I) of such section is amended by

21 striking ‘‘35 percent’’ and inserting ‘‘the percent

22 specified under paragraph (1)(B)(i) as being applica23 ble for the month’’.

24 (3) SPECIAL-ELIGIBILITY ANNUITY.—Sub25 section (c)(1)(B)(i) of such section is amended—
†

190

S 2400 PP

1 (A) by striking ‘‘35 percent’’ and inserting

2 ‘‘the applicable percent’’; and

3 (B) by adding at the end the following:

4 ‘‘The percent applicable for a month under the

5 preceding sentence is the percent specified

6 under subsection (a)(1)(B)(i) as being applica7 ble for the month.’’.

8 (4) CONFORMING AMENDMENT.—The heading

9 for subsection (d)(2)(A) of such section is amended

10 to read as follows: ‘‘COMPUTATION OF ANNU11 ITY.—’’.

12 (b) PHASED ELIMINATION OF SUPPLEMENTAL AN13 NUITY.—

14 (1) DECREASING PERCENTAGES.—Section

15 1457(b) of title 10, United States Code, is

16 amended—

17 (A) by striking ‘‘5, 10, 15, or 20 percent’’

18 and inserting ‘‘the applicable percent’’; and

19 (B) by inserting after the first sentence

20 the following: ‘‘The percent used for the com21 putation shall be an even multiple of 5 percent

22 and, whatever the percent specified in the elec23 tion, may not exceed 20 percent for months be24 ginning before October 2005, 15 percent for

25 months beginning after September 2005 and
†

191

S 2400 PP

1 before October 2008, and 10 percent for

2 months beginning after September 2008.’’.

3 (2) REPEAL OF PROGRAM IN 2014.—Effective

4 on October 1, 2014, chapter 73 of such title is

5 amended—

6 (A) by striking subchapter III; and

7 (B) by striking the item relating to sub8 chapter III in the table of subchapters at the

9 beginning of that chapter.

10 (c) RECOMPUTATION OF ANNUITIES.—

11 (1) REQUIREMENT FOR RECOMPUTATION.—Ef12 fective on the first day of each month referred to in

13 paragraph (2)—

14 (A) each annuity under section 1450 of

15 title 10, United States Code, that commenced

16 before that month, is computed under a provi17 sion of section 1451 of that title amended by

18 subsection (a), and is payable for that month

19 shall be recomputed so as to be equal to the

20 amount that would be in effect if the percent

21 applicable for that month under that provision,

22 as so amended, had been used for the initial

23 computation of the annuity; and

24 (B) each supplemental survivor annuity

25 under section 1457 of such title that com-
†

192

S 2400 PP

1 menced before that month and is payable for

2 that month shall be recomputed so as to be

3 equal to the amount that would be in effect if

4 the percent applicable for that month under

5 that section, as amended by this section, had

6 been used for the initial computation of the

7 supplemental survivor annuity.

8 (2) TIMES FOR RECOMPUTATION.—The require9 ments for recomputation of annuities under para10 graph (1) apply with respect to the following

11 months:

12 (A) October 2005.

13 (B) October 2008.

14 (C) October 2014.

15 (d) RECOMPUTATION OF RETIRED PAY REDUCTIONS

16 FOR SUPPLEMENTAL SURVIVOR ANNUITIES.—The Sec17 retary of Defense shall take such actions as are neces18 sitated by the amendments made by subsection (b) and

19 the requirements of subsection (c)(1)(B) to ensure that

20 the reductions in retired pay under section 1460 of title

21 10, United States Code, are adjusted to achieve the objec22 tives set forth in subsection (b) of that section.
†

193

S 2400 PP

1 SEC. 645. OPEN ENROLLMENT PERIOD FOR SURVIVOR BEN2 EFIT PLAN COMMENCING OCTOBER 1, 2005.

3 (a) PERSONS NOT CURRENTLY PARTICIPATING IN

4 SURVIVOR BENEFIT PLAN.—

5 (1) ELECTION OF SBP COVERAGE.—An eligible

6 retired or former member may elect to participate in

7 the Survivor Benefit Plan under subchapter II of

8 chapter 73 of title 10, United States Code, during

9 the open enrollment period specified in subsection

10 (f).

11 (2) ELECTION OF SUPPLEMENTAL ANNUITY

12 COVERAGE.—An eligible retired or former member

13 who elects under paragraph (1) to participate in the

14 Survivor Benefit Plan at the maximum level may

15 also elect during the open enrollment period to par16 ticipate in the Supplemental Survivor Benefit Plan

17 established under subchapter III of chapter 73 of

18 title 10, United States Code.

19 (3) ELIGIBLE RETIRED OR FORMER MEMBER.—

20 For purposes of paragraphs (1) and (2), an eligible

21 retired or former member is a member or former

22 member of the uniformed services who on the day

23 before the first day of the open enrollment period is

24 not a participant in the Survivor Benefit Plan and—

25 (A) is entitled to retired pay; or
†

194

S 2400 PP

1 (B) would be entitled to retired pay under

2 chapter 1223 of title 10, United States Code,

3 but for the fact that such member or former

4 member is under 60 years of age.

5 (4) STATUS UNDER SBP OF PERSONS MAKING

6 ELECTIONS.—

7 (A) STANDARD ANNUITY.—A person mak8 ing an election under paragraph (1) by reason

9 of eligibility under paragraph (3)(A) shall be

10 treated for all purposes as providing a standard

11 annuity under the Survivor Benefit Plan.

12 (B) RESERVE-COMPONENT ANNUITY.—A

13 person making an election under paragraph (1)

14 by reason of eligibility under paragraph (3)(B)

15 shall be treated for all purposes as providing a

16 reserve-component annuity under the Survivor

17 Benefit Plan.

18 (b) ELECTION TO INCREASE COVERAGE UNDER

19 SBP.—A person who on the day before the first day of

20 the open enrollment period is a participant in the Survivor

21 Benefit Plan but is not participating at the maximum base

22 amount or is providing coverage under the Plan for a de23 pendent child and not for the person’s spouse or former

24 spouse may, during the open enrollment period, elect to—
†

195

S 2400 PP

1 (1) participate in the Plan at a higher base

2 amount (not in excess of the participant’s retired

3 pay); or

4 (2) provide annuity coverage under the Plan for

5 the person’s spouse or former spouse at a base

6 amount not less than the base amount provided for

7 the dependent child.

8 (c) ELECTION FOR CURRENT SBP PARTICIPANTS TO

9 PARTICIPATE IN SUPPLEMENTAL SBP.—

10 (1) ELECTION.—A person who is eligible to

11 make an election under this paragraph may elect

12 during the open enrollment period to participate in

13 the Supplemental Survivor Benefit Plan established

14 under subchapter III of chapter 73 of title 10,

15 United States Code.

16 (2) PERSONS ELIGIBLE.—Except as provided in

17 paragraph (3), a person is eligible to make an elec18 tion under paragraph (1) if on the day before the

19 first day of the open enrollment period the person is

20 a participant in the Survivor Benefit Plan at the

21 maximum level, or during the open enrollment pe22 riod the person increases the level of such participa23 tion to the maximum level under subsection (b) of

24 this section, and under that Plan is providing annu-
†

196

S 2400 PP

1 ity coverage for the person’s spouse or a former

2 spouse.

3 (3) LIMITATION ON ELIGIBILITY FOR CERTAIN

4 SBP PARTICIPANTS NOT AFFECTED BY TWO-TIER

5 ANNUITY COMPUTATION.—A person is not eligible to

6 make an election under paragraph (1) if (as deter7 mined by the Secretary concerned) the annuity of a

8 spouse or former spouse beneficiary of that person

9 under the Survivor Benefit Plan is to be computed

10 under section 1451(e) of title 10, United States

11 Code. However, such a person may during the open

12 enrollment period waive the right to have that annu13 ity computed under such section 1451(e). Any such

14 election is irrevocable. A person making such a waiv15 er may make an election under paragraph (1) as in

16 the case of any other participant in the Survivor

17 Benefit Plan.

18 (d) MANNER OF MAKING ELECTIONS.—An election

19 under this section shall be made in writing, signed by the

20 person making the election, and received by the Secretary

21 concerned before the end of the open enrollment period.

22 Any such election shall be made subject to the same condi23 tions, and with the same opportunities for designation of

24 beneficiaries and specification of base amount, that apply

25 under the Survivor Benefit Plan or the Supplemental Sur-
†

197

S 2400 PP

1 vivor Benefit Plan, as the case may be. A person making

2 an election under subsection (a) to provide a reserve-com3 ponent annuity shall make a designation described in sec4 tion 1448(e) of title 10, United States Code.

5 (e) EFFECTIVE DATE FOR ELECTIONS.—Any such

6 election shall be effective as of the first day of the first

7 calendar month following the month in which the election

8 is received by the Secretary concerned.

9 (f) OPEN ENROLLMENT PERIOD.—The open enroll10 ment period under this section shall be the one-year period

11 beginning on October 1, 2005.

12 (g) EFFECT OF DEATH OF PERSON MAKING ELEC13 TION WITHIN TWO YEARS OF MAKING ELECTION.—If a

14 person making an election under this section dies before

15 the end of the two-year period beginning on the effective

16 date of the election, the election is void and the amount

17 of any reduction in retired pay of the person that is attrib18 utable to the election shall be paid in a lump sum to the

19 person who would have been the deceased person’s bene20 ficiary under the voided election if the deceased person

21 had died after the end of such two-year period.

22 (h) APPLICABILITY OF CERTAIN PROVISIONS OF

23 LAW.—The provisions of sections 1449, 1453, and 1454

24 of title 10, United States Code, are applicable to a person

25 making an election, and to an election, under this section
†

198

S 2400 PP

1 in the same manner as if the election were made under

2 the Survivor Benefit Plan or the Supplemental Survivor

3 Benefit Plan, as the case may be.

4 (i) ADDITIONAL PREMIUM.—The Secretary of De5 fense shall prescribe in regulations premiums which a per6 son electing under this section shall be required to pay

7 for participating in the Survivor Benefit Plan pursuant

8 to the election. The total amount of the premiums to be

9 paid by a person under the regulations shall be equal to

10 the sum of—

11 (i) the total amount by which the retired pay of

12 the person would have been reduced before the effec13 tive date of the election if the person had elected to

14 participate in the Survivor Benefit Plan (for the

15 same base amount specified in the election) at the

16 first opportunity that was afforded the member to

17 participate under chapter 73 of title 10, United

18 States Code;

19 (ii) interest on the amounts by which the re20 tired pay of the person would have been so reduced,

21 computed from the dates on which the retired pay

22 would have been so reduced at such rate or rates

23 and according to such methodology as the Secretary

24 of Defense determines reasonable; and
†

199

S 2400 PP

1 (iii) any additional amount that the Secretary

2 determines necessary to protect the actuarial sound3 ness of the Department of Defense Military Retire4 ment Fund against any increased risk for the fund

5 that is associated with the election.

6 (A) Premiums paid under the regulations shall be

7 credited to the Department of Defense Military Retire8 ment Fund.

9 (B) In this paragraph, the term ‘‘Department of De10 fense Military Retirement Fund’’ means the Department

11 of Defense Military Retirement Fund established under

12 section 1461(a) of title 10, United States Code.

13 Subtitle E—Other Matters

14 SEC. 651. INCREASED MAXIMUM PERIOD FOR LEAVE OF AB15 SENCE FOR PURSUIT OF A PROGRAM OF EDU16 CATION IN A HEALTH CARE PROFESSION.

17 Section 708(a) of title 10, United States Code, is

18 amended—

19 (1) by striking ‘‘for a period not to exceed two

20 years’’; and

21 (2) by adding at the end the following: ‘‘The

22 period of a leave of absence granted under this sec23 tion may not exceed two years, except that the pe24 riod may exceed two years but may not exceed three
†

200

S 2400 PP

1 years in the case of an eligible member pursuing a

2 program of education in a health care profession.’’.

3 SEC. 652. ELIGIBILITY OF MEMBERS FOR REIMBURSEMENT

4 OF EXPENSES INCURRED FOR ADOPTION

5 PLACEMENTS MADE BY FOREIGN GOVERN6 MENTS.

7 Section 1052(g)(3) of title 10, United States Code,

8 is amended by adding at the end the following new sub9 paragraph:

10 ‘‘(D) A foreign government or an agency

11 authorized by a foreign government to place

12 children for adoption, in any case in which—

13 ‘‘(i) the adopted child is entitled to

14 automatic citizenship under section 320 of

15 the Immigration and Nationality Act (8

16 U.S.C. 1431); or

17 ‘‘(ii) a certificate of citizenship has

18 been issued for such child under section

19 322 of that Act (8 U.S.C. 1433).’’.
†

201

S 2400 PP

1 SEC. 653. ACCEPTANCE OF FREQUENT TRAVELER MILES,

2 CREDITS, AND TICKETS TO FACILITATE THE

3 AIR OR SURFACE TRAVEL OF CERTAIN MEM4 BERS OF THE ARMED FORCES AND THEIR

5 FAMILIES.

6 Section 2608 of title 10, United States Code, is

7 amended—

8 (1) by redesignating subsections (g) through (k)

9 as subsections (h) through (l), respectively; and

10 (2) by inserting after subsection (f) the fol11 lowing new subsection:

12 ‘‘(g) OPERATION HERO MILES.—(1) The Secretary

13 of Defense may use the authority of subsection (a) to ac14 cept the donation of frequent traveler miles, credits, and

15 tickets for air or surface transportation issued by any air

16 carrier or surface carrier that serves the public and that

17 consents to such donation, and under such terms and con18 ditions as the air or surface carrier may specify. The Sec19 retary shall designate a single office in the Department

20 of Defense to carry out this subsection, including the es21 tablishment of such rules and procedures as may be nec22 essary to facilitate the acceptance of such frequent trav23 eler miles, credits, and tickets.

24 ‘‘(2) Frequent traveler miles, credits, and tickets ac25 cepted under this subsection shall be used only in accord26 ance with the rules established by the air carrier or surface
†

202

S 2400 PP

1 carrier that is the source of the miles, credits, or tickets

2 and shall be used only for the following purposes:

3 ‘‘(A) To facilitate the travel of a member of the

4 armed forces who—

5 ‘‘(i) is deployed on active duty outside the

6 United States away from the permanent duty

7 station of the member in support of a contin8 gency operation; and

9 ‘‘(ii) is granted, during such deployment,

10 rest and recuperative leave, emergency leave,

11 convalescent leave, or another form of leave au12 thorized for the member.

13 ‘‘(B) In the case of a member of the armed

14 forces recuperating from an injury or illness in15 curred or aggravated in the line of duty during such

16 deployment, to facilitate the travel of family mem17 bers of the member to be reunited with the member.

18 ‘‘(3) For the use of miles, credits, or tickets under

19 paragraph (2)(B) by family members of a member of the

20 armed forces, the Secretary may, as the Secretary deter21 mines appropriate, limit—

22 ‘‘(A) eligibility to family members who, by rea23 son of affinity, degree of consanguinity, or other24 wise, are sufficiently close in relationship to the
†

203

S 2400 PP

1 member of the armed forces to justify the travel as2 sistance;

3 ‘‘(B) the number of family members who may

4 travel; and

5 ‘‘(C) the number of trips that family members

6 may take.

7 ‘‘(4) Notwithstanding paragraph (2), the Secretary of

8 Defense may, in an exceptional case, authorize a person

9 not described in subparagraph (B) of that paragraph to

10 use frequent traveler miles, credits, or a ticket accepted

11 under this subsection to visit a member of the armed

12 forces described in such subparagraph if that person has

13 a notably close relationship with the member. The fre14 quent traveler miles, credits, or ticket may be used by such

15 person only in accordance with such conditions and re16 strictions as the Secretary determines appropriate and the

17 rules established by the air carrier or surface carrier that

18 is the source of the miles, credits, or ticket.

19 ‘‘(5) The Secretary of Defense shall encourage air

20 carriers and surface carriers to participate in, and to fa21 cilitate through minimization of restrictions and otherwise,

22 the donation, acceptance, and use of frequent traveler

23 miles, credits, and tickets under this section.
†

204

S 2400 PP

1 ‘‘(6) The Secretary of Defense may enter into an

2 agreement with a nonprofit organization to use the serv3 ices of the organization—

4 ‘‘(A) to promote the donation of frequent trav5 eler miles, credits, and tickets under paragraph (1),

6 except that amounts appropriated to the Depart7 ment of Defense may not be expended for this pur8 pose; and

9 ‘‘(B) to assist in administering the collection,

10 distribution, and use of donated frequent traveler

11 miles, credits, and tickets.

12 ‘‘(7) Members of the armed forces, family members,

13 and other persons who receive air or surface transpor14 tation using frequent traveler miles, credits, or tickets do15 nated under this subsection are deemed to recognize no

16 income from such use. Donors of frequent traveler miles,

17 credits, or tickets under this subsection are deemed to ob18 tain no tax benefit from such donation.

19 ‘‘(8) In this subsection, the term ‘family member’ has

20 the meaning given that term in section 411h(b)(1) of title

21 37.’’.
†

205

S 2400 PP

1 SEC. 654. CHILD CARE FOR CHILDREN OF MEMBERS OF

2 ARMED FORCES ON ACTIVE DUTY FOR OPER3 ATION ENDURING FREEDOM OR OPERATION

4 IRAQI FREEDOM.

5 (a) CHILD CARE FOR CHILDREN WITHOUT ACCESS

6 TO MILITARY CHILD CARE.—(1) In any case where the

7 children of a covered member of the Armed Forces are

8 geographically dispersed and do not have practical access

9 to a military child development center, the Secretary of

10 Defense may, to the extent funds are available for such

11 purpose, provide such funds as are necessary permit the

12 member’s family to secure access for such children to

13 State licensed child care and development programs and

14 activities in the private sector that are similar in scope

15 and quality to the child care and development programs

16 and activities the Secretary would otherwise provide access

17 to under subchapter II of chapter 88 of title 10, United

18 States Code, and other applicable provisions of law.

19 (2) Funds may be provided under paragraph (1) in

20 accordance with the provisions of section 1798 of title 10,

21 United States Code, or by such other mechanism as the

22 Secretary considers appropriate.

23 (3) The Secretary shall prescribe in regulations prior24 ities for the allocation of funds for the provision of access

25 to child care under paragraph (1) in circumstances where

26 funds are inadequate to provide all children described in
†

206

S 2400 PP

1 that paragraph with access to child care as described in

2 that paragraph.

3 (b) PRESERVATION OF SERVICES AND PROGRAMS.—

4 The Secretary shall provide for the attendance and partici5 pation of children in military child development centers

6 and child care and development programs and activities

7 under subsection (a) in a manner that preserves the scope

8 and quality of child care and development programs and

9 activities otherwise provided by the Secretary.

10 (c) FUNDING.—Amounts otherwise available to the

11 Department of Defense and the military departments

12 under this Act may be available for purposes of providing

13 access to child care under subsection (a).

14 (d) DEFINITIONS.—In this section:

15 (1) The term ‘‘covered members of the Armed

16 Forces’’ means members of the Armed Forces on ac17 tive duty, including members of the Reserves who

18 are called or ordered to active duty under a provi19 sion of law referred to in section 101(a)(13)(B) of

20 title 10, United States Code, for Operation Endur21 ing Freedom or Operation Iraqi Freedom.

22 (2) The term ‘‘military child development cen23 ter’’ has the meaning given such term in section

24 1800(1) of title 10, United States Code.
†

207

S 2400 PP

1 SEC. 655. RELIEF FOR MOBILIZED MILITARY RESERVISTS

2 FROM CERTAIN FEDERAL AGRICULTURAL

3 LOAN OBLIGATIONS.

4 The Consolidated Farm and Rural Development Act

5 is amended by inserting after section 331F (7 U.S.C.

6 1981f) the following:

7 ‘‘SEC. 332. RELIEF FOR MOBILIZED MILITARY RESERVISTS

8 FROM CERTAIN AGRICULTURAL LOAN OBLI9 GATIONS.

10 ‘‘(a) DEFINITION OF MOBILIZED MILITARY RESERV11 IST.—In this section, the term ‘mobilized military reserv12 ist’ means an individual who—

13 ‘‘(1) is on active duty under section 688,

14 12301(a), 12301(g), 12302, 12304, 12306, or

15 12406, or chapter 15 of title 10, United States

16 Code, or any other provision of law during a war or

17 during a national emergency declared by the Presi18 dent or Congress, regardless of the location at which

19 the active duty service is performed; or

20 ‘‘(2) in the case of a member of the National

21 Guard, is on full-time National Guard duty (as de22 fined in section 101(d)(5) of title 10, United States

23 Code) under a call to active service authorized by

24 the President or the Secretary of Defense for a pe25 riod of more than 30 consecutive days under section

26 502(f) of title 32, United States Code, for purposes
†

208

S 2400 PP

1 of responding to a national emergency declared by

2 the President and supported by Federal funds.

3 ‘‘(b) FORGIVENESS OF INTEREST PAYMENTS DUE

4 WHILE BORROWER IS A MOBILIZED MILITARY RESERV5 IST.—Any requirement that a borrower of a direct loan

6 made under this title make any interest payment on the

7 loan that would otherwise be required to be made while

8 the borrower is a mobilized military reservist is rescinded.

9 ‘‘(c) DEFERRAL OF PRINCIPAL PAYMENTS DUE

10 WHILE OR AFTER BORROWER IS A MOBILIZED MILITARY

11 RESERVIST.—The due date of any payment of principal

12 on a direct loan made to a borrower under this title that

13 would otherwise be required to be made while or after the

14 borrower is a mobilized military reservist is deferred for

15 a period equal in length to the period for which the bor16 rower is a mobilized military reservist.

17 ‘‘(d) NONACCRUAL OF INTEREST.—Interest on a di18 rect loan made to a borrower described in this section shall

19 not accrue during the period the borrower is a mobilized

20 military reservist.

21 ‘‘(e) BORROWER NOT CONSIDERED TO BE DELIN22 QUENT OR RECEIVING DEBT FORGIVENESS.—Notwith23 standing section 373 or any other provision of this title,

24 a borrower who receives assistance under this section shall

25 not, as a result of the assistance, be considered to be delin-
†

209

S 2400 PP

1 quent or receiving debt forgiveness for purposes of receiv2 ing a direct or guaranteed loan under this title.’’.

3 TITLE VII—HEALTH CARE

4 Subtitle A—Enhanced Benefits for

5 Reserves

6 SEC. 701. DEMONSTRATION PROJECT ON HEALTH BENE7 FITS FOR RESERVES.

8 (a) DEMONSTRATION PROJECT REQUIRED.—The

9 Secretary of Defense shall carry out a demonstration

10 project under section 1092 of title 10, United States Code,

11 to assess the need for, and feasibility of, providing benefits

12 under the TRICARE program to members of the Ready

13 Reserve of the Armed Forces who are (1) eligible unem14 ployment compensation recipients, (2) in a period of con15 tinuous unemployment from the end of their last month

16 as eligible unemployment compensation recipients, or (3)

17 ineligible for coverage by employer-sponsored health bene18 fits plans for employees.

19 (b) DEFINITION.—In this section, the term ‘‘eligible

20 unemployment compensation recipient’’ has the meaning

21 given such term in section 1076b(j) of title 10, United

22 States Code.
†

210

S 2400 PP

1 SEC. 702. PERMANENT EARLIER ELIGIBILITY DATE FOR

2 TRICARE BENEFITS FOR MEMBERS OF RE3 SERVE COMPONENTS.

4 Section 1074(d) of title 10, United States Code, is

5 amended by striking paragraph (3).

6 SEC. 703. WAIVER OF CERTAIN DEDUCTIBLES FOR MEM7 BERS ON ACTIVE DUTY FOR A PERIOD OF

8 MORE THAN 30 DAYS.

9 Section 1095d(a) of title 10, United States Code, is

10 amended by striking ‘‘a period of less than one year’’ both

11 places that it appears and inserting ‘‘a period of more

12 than 30 days’’.

13 SEC. 704. PROTECTION OF DEPENDENTS FROM BALANCE

14 BILLING.

15 Section 1079(h)(4) of title 10, United States Code,

16 is amended by adding at the end the following new sub17 paragraph:

18 ‘‘(C) In the case of a member of the reserve compo19 nents serving on active duty for a period of more than

20 30 days in support of a contingency operation under a

21 provision of law referred to in section 101(a)(13)(B) of

22 this title, the Secretary may pay the amount applicable

23 under subparagraph (B) to a dependent of such member

24 who is referred to in subparagraph (A).’’.
†

211

S 2400 PP

1 SEC. 705. PERMANENT EXTENSION OF TRANSITIONAL

2 HEALTH CARE BENEFITS AND ADDITION OF

3 REQUIREMENT FOR PRESEPARATION PHYS4 ICAL EXAMINATION.

5 (a) PERMANENT REQUIREMENT.—(1) Paragraph (3)

6 of section 1145(a) of title 10, United States Code, is

7 amended to read as follows:

8 ‘‘(3) Transitional health care for a member under

9 subsection (a) shall be available for 180 days beginning

10 on the date on which the member is separated from active

11 duty.’’.

12 (2) The following provisions of law are repealed:

13 (A) Section 704 of the National Defense Au14 thorization Act for Fiscal Year 2004 (Public Law

15 108–136; 117 Stat. 1527; 10 U.S.C. 1145 note).

16 (B) Section 1117 of the Emergency Supple17 mental Appropriations Act for Defense and for the

18 Reconstruction of Iraq and Afghanistan, 2004 (Pub19 lic Law 108–106; 117 Stat. 1218; 10 U.S.C. 1145

20 note).

21 (b) REQUIREMENT FOR PHYSICAL EXAMINATION.—

22 Such section 1145(a), as amended by subsection (a), is

23 further amended by adding at the end the following new

24 paragraph:

25 ‘‘(4) The Secretary concerned shall require each

26 member referred to in paragraph (1) to undergo a com-
†

212

S 2400 PP

1 prehensive physical examination immediately before the

2 member is separated from active duty as described in

3 paragraph (2).’’.

4 SEC. 706. EXPANDED ELIGIBILITY OF READY RESERVE

5 MEMBERS UNDER TRICARE PROGRAM.

6 (a) UNCONDITIONAL ELIGIBILITY.—Subsection (a)

7 of section 1076b of title 10, United States Code, is amend8 ed by striking ‘‘is eligible, subject to subsection (h), to en9 roll in TRICARE’’ and all that follows through ‘‘an em10 ployer-sponsored health benefits plan’’ and inserting ‘‘, ex11 cept for a member who is enrolled or is eligible to enroll

12 in a health benefits plan under chapter 89 of title 5, is

13 eligible to enroll in TRICARE, subject to subsection (h)’’.

14 (b) PERMANENT AUTHORITY.—Subsection (l) of such

15 section is repealed.

16 (c) CONFORMING REPEAL OF OBSOLETE PROVI17 SIONS.—Such section is further amended—

18 (1) by striking subsections (i) and (j); and

19 (2) by redesignating subsection (k) as sub20 section (i).
†

213

S 2400 PP

1 SEC. 707. CONTINUATION OF NON-TRICARE HEALTH BENE2 FITS PLAN COVERAGE FOR CERTAIN RE3 SERVES CALLED OR ORDERED TO ACTIVE

4 DUTY AND THEIR DEPENDENTS.

5 (a) REQUIRED CONTINUATION.—(1) Chapter 55 of

6 title 10, United States Code, is amended by inserting after

7 section 1078a the following new section:

8 ‘‘§ 1078b. Continuation of non-TRICARE health bene9 fits plan coverage for dependents of cer10 tain Reserves called or ordered to active

11 duty

12 ‘‘(a) PAYMENT OF PREMIUMS.—The Secretary con13 cerned shall pay the applicable premium to continue in

14 force any qualified health benefits plan coverage for the

15 members of the family of an eligible reserve component

16 member for the benefits coverage continuation period if

17 timely elected by the member in accordance with regula18 tions prescribed under subsection (j).

19 ‘‘(b) ELIGIBLE MEMBER; FAMILY MEMBERS.—(1) A

20 member of a reserve component is eligible for payment of

21 the applicable premium for continuation of qualified

22 health benefits plan coverage under subsection (a) while

23 serving on active duty pursuant to a call or order issued

24 under a provision of law referred to in section

25 101(a)(13)(B) of this title during a war or national emer26 gency declared by the President or Congress.
†

214

S 2400 PP

1 ‘‘(2) For the purposes of this section, the members

2 of the family of an eligible reserve component member in3 clude only the member’s dependents described in subpara4 graphs (A), (D), and (I) of section 1072(2) of this title.

5 ‘‘(c) QUALIFIED HEALTH BENEFITS PLAN COV6 ERAGE.—For the purposes of this section, health benefits

7 plan coverage for the members of the family of a reserve

8 component member called or ordered to active duty is

9 qualified health benefits plan coverage if—

10 ‘‘(1) the coverage was in force on the date on

11 which the Secretary notified the reserve component

12 member that issuance of the call or order was pend13 ing or, if no such notification was provided, the date

14 of the call or order;

15 ‘‘(2) on such date, the coverage applied to the

16 reserve component member and members of the fam17 ily of the reserve component member; and

18 ‘‘(3) the coverage has not lapsed.

19 ‘‘(d) APPLICABLE PREMIUM.—The applicable pre20 mium payable under this section for continuation of health

21 benefits plan coverage for the family members of a reserve

22 component member is the amount of the premium payable

23 by the member for the coverage of the family members.

24 ‘‘(e) MAXIMUM AMOUNT.—The total amount that the

25 Department of Defense may pay for the applicable pre-
†

215

S 2400 PP

1 mium of a health benefits plan for the family members

2 of a reserve component member under this section in a

3 fiscal year may not exceed the amount determined by

4 multiplying—

5 ‘‘(1) the sum of one plus the number of the

6 family members covered by the health benefits plan,

7 by

8 ‘‘(2) the per capita cost of providing TRICARE

9 coverage and benefits for dependents under this

10 chapter for such fiscal year, as determined by the

11 Secretary of Defense.

12 ‘‘(f) BENEFITS COVERAGE CONTINUATION PE13 RIOD.—The benefits coverage continuation period under

14 this section for qualified health benefits plan coverage for

15 the family members of an eligible reserve component mem16 ber called or ordered to active duty is the period that—

17 ‘‘(1) begins on the date of the call or order; and

18 ‘‘(2) ends on the earlier of—

19 ‘‘(A) the date on which the reserve compo20 nent member’s eligibility for transitional health

21 care under section 1145(a) of this title termi22 nates under paragraph (3) of such section; or

23 ‘‘(B) the date on which the reserve compo24 nent member elects to terminate the continued
†

216

S 2400 PP

1 qualified health benefits plan coverage of the

2 member’s family members.

3 ‘‘(g) EXTENSION OF PERIOD OF COBRA COV4 ERAGE.—Notwithstanding any other provision of law—

5 ‘‘(1) any period of coverage under a COBRA

6 continuation provision (as defined in section

7 9832(d)(1) of the Internal Revenue Code of 1986)

8 for an eligible reserve component member under this

9 section shall be deemed to be equal to the benefits

10 coverage continuation period for such member under

11 this section; and

12 ‘‘(2) with respect to the election of any period

13 of coverage under a COBRA continuation provision

14 (as so defined), rules similar to the rules under sec15 tion 4980B(f)(5)(C) of such Code shall apply.

16 ‘‘(h) NONDUPLICATION OF BENEFITS.—A member of

17 the family of a reserve component member who is eligible

18 for benefits under qualified health benefits plan coverage

19 paid on behalf of the reserve component member by the

20 Secretary concerned under this section is not eligible for

21 benefits under the TRICARE program during a period of

22 the coverage for which so paid.

23 ‘‘(i) REVOCABILITY OF ELECTION.—A reserve com24 ponent member who makes an election under subsection

25 (a) may revoke the election. Upon such a revocation, the
†

217

S 2400 PP

1 member’s family members shall become eligible for bene2 fits under the TRICARE program as provided for under

3 this chapter.

4 ‘‘(j) REGULATIONS.—The Secretary of Defense shall

5 prescribe regulations for carrying out this section. The

6 regulations shall include such requirements for making an

7 election of payment of applicable premiums as the Sec8 retary considers appropriate.’’.

9 (2) The table of sections at the beginning of such

10 chapter is amended by inserting after the item relating

11 to section 1078a the following new item:

‘‘1078b. Continuation of non-TRICARE health benefits plan coverage for dependents of certain Reserves called or ordered to active duty.’’.

12 (b) APPLICABILITY.—Section 1078b of title 10,

13 United States Code (as added by subsection (a)), shall

14 apply with respect to calls or orders of members of reserve

15 components of the Armed Forces to active duty as de16 scribed in subsection (b) of such section, that are issued

17 by the Secretary of a military department before, on, or

18 after the date of the enactment of this Act, but only with

19 respect to qualified health benefits plan coverage (as de20 scribed in subsection (c) of such section) that is in effect

21 on or after the date of the enactment of this Act.
†

218

S 2400 PP

1 Subtitle B—Other Matters

2 SEC. 711. REPEAL OF REQUIREMENT FOR PAYMENT OF

3 SUBSISTENCE CHARGES WHILE HOSPITAL4 IZED.

5 (a) REPEAL.—Section 1075 of title 10, United States

6 Code, is repealed.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of chapter 55 of such title is amended

9 by striking the item relating to section 1075.

10 SEC. 712. OPPORTUNITY FOR YOUNG CHILD DEPENDENT

11 OF DECEASED MEMBER TO BECOME ELIGI12 BLE FOR ENROLLMENT IN A TRICARE DEN13 TAL PLAN.

14 Section 1076a(k)(2) of title 10, United States Code,

15 is amended—

16 (1) by striking ‘‘under subsection (a) or’’ and

17 inserting ‘‘under subsection (a),’’; and

18 (2) by inserting after ‘‘under subsection (f),’’

19 the following: ‘‘or is not enrolled because the de20 pendent is a child under the minimum age for en21 rollment,’’.

22 SEC. 713. PEDIATRIC DENTAL PRACTICE NECESSARY FOR

23 PROFESSIONAL ACCREDITATION.

24 Section 1077(c) of title 10, United States Code, is

25 amended—
†

219

S 2400 PP

1 (1) by striking ‘‘A dependent’’ and inserting

2 ‘‘(1) Except as specified in paragraph (2), a depend3 ent’’; and

4 (2) by adding at the end the following new

5 paragraph:

6 ‘‘(2)(A) Dependents 12 years of age or younger who

7 are covered by a dental plan under section 1076a of this

8 title may be treated by postgraduate dental students in

9 a dental treatment facility of the uniformed services ac10 credited by the American Dental Association under a

11 graduate dental education program accredited by the

12 American Dental Association if—

13 ‘‘(i) treatment of pediatric dental patients is

14 necessary in order to satisfy an accreditation stand15 ard of the American Dental Association that is ap16 plicable to such facility or program, or training in

17 pediatric dental care is necessary for the students to

18 be professionally qualified to provide dental care for

19 dependent children accompanying members of the

20 uniformed services outside the United States; and

21 ‘‘(ii) the caseload of pediatric patients at such

22 facility is insufficient to support satisfaction of the

23 accreditation or professional requirements in pedi24 atric dental care that apply to such facility, pro25 gram, or students.
†

220

S 2400 PP

1 ‘‘(B) The total number of dependents treated in all

2 facilities of the uniformed services under subparagraph

3 (A) in a fiscal year may not exceed 2,000.’’.

4 SEC. 714. SERVICES OF MARRIAGE AND FAMILY THERA5 PISTS.

6 (a) AUTHORITY TO ENTER INTO PERSONAL SERV7 ICES CONTRACTS.—Section 704(c)(2) of the National De8 fense Authorization Act for Fiscal Year 1995 (Public Law

9 103–337; 108 Stat. 2799; 10 U.S.C. 1091 note) is amend10 ed by inserting ‘‘marriage and family therapists certified

11 as such by a certification recognized by the Secretary of

12 Defense,’’ after ‘‘psychologists,’’.

13 (b) APPLICABILITY OF LICENSURE REQUIREMENT

14 FOR HEALTH-CARE PROFESSIONALS.—Section

15 1094(e)(2) of title 10, United States Code, is amended

16 by inserting ‘‘marriage and family therapist certified as

17 such by a certification recognized by the Secretary of De18 fense,’’ after ‘‘psychologist,’’.

19 SEC. 715. CHIROPRACTIC HEALTH CARE BENEFITS ADVI20 SORY COMMITTEE.

21 (a) ESTABLISHMENT.—Not later than 30 days after

22 the date of the enactment of this Act, the Secretary of

23 Defense shall establish an oversight advisory committee to

24 provide the Secretary with advice and recommendations

25 regarding the continued development and implementation
†

221

S 2400 PP

1 of an effective program of chiropractic health care benefits

2 for members of the uniformed services on active duty.

3 (b) MEMBERSHIP.—The advisory committee shall be

4 composed of members selected from among persons who,

5 by reason of education, training, and experience, are ex6 perts in chiropractic health care, as follows:

7 (1) Members appointed by the Secretary of De8 fense in such number as the Secretary determines

9 appropriate for carrying out the duties of the advi10 sory committee effectively.

11 (2) A representative of each of the Armed

12 Forces, as designated by the Secretary of the mili13 tary department concerned.

14 (c) CHAIRMAN.—The Secretary of Defense shall des15 ignate one member of the advisory committee to serve as

16 the Chairman of the advisory committee.

17 (d) MEETINGS.—The advisory committee shall meet

18 at the call of the Chairman, but not fewer than three times

19 each fiscal year, beginning in fiscal year 2005.

20 (e) DUTIES.—The advisory committee shall have the

21 following duties:

22 (1) Review and evaluate the program of chiro23 practic health care benefits provided to members of

24 the uniformed services on active duty under chapter

25 55 of title 10, United States Code.
†

222

S 2400 PP

1 (2) Provide the Secretary of Defense with ad2 vice and recommendations as described in subsection

3 (a).

4 (3) Upon the Secretary’s determination that the

5 program of chiropractic health care benefits referred

6 to in paragraph (1) has been fully implemented, pre7 pare and submit to the Secretary a report containing

8 the advisory committee’s evaluation of such program

9 as implemented.

10 (f) APPLICABILITY OF TEMPORARY ORGANIZATIONS

11 LAW.—(1) Section 3161 of title 5, United States Code,

12 shall apply to the advisory committee under this section.

13 (2) The Federal Advisory Committee Act (5 U.S.C.

14 App.) shall not apply to the oversight advisory committee

15 under this section.

16 (g) TERMINATION.—The advisory committee shall

17 terminate 90 days after the date on which the committee

18 submits the report to the Secretary of Defense under sub19 section (e)(3).
†

223

S 2400 PP

1 SEC. 716. GROUNDS FOR PRESIDENTIAL WAIVER OF RE2 QUIREMENT FOR INFORMED CONSENT OR

3 OPTION TO REFUSE REGARDING ADMINIS4 TRATION OF DRUGS NOT APPROVED FOR

5 GENERAL USE.

6 (a) INVESTIGATIONAL NEW DRUGS.—Section

7 1107(f) of title 10, United States Code, is amended—

8 (1) in paragraph (1), by striking ‘‘obtaining

9 consent—’’ and all that follows through ‘‘(C) is’’ and

10 inserting ‘‘obtaining consent is’’; and

11 (2) by striking paragraph (2) and inserting the

12 following new paragraph:

13 ‘‘(2) The waiver authority provided in paragraph (1)

14 shall not be construed to apply to any case other than

15 a case in which prior consent for administration of a par16 ticular drug is required by reason of a determination by

17 the Secretary of Health and Human Services that such

18 drug is subject to the investigational new drug require19 ments of section 505(i) of the Federal Food, Drug, and

20 Cosmetic Act.’’.

21 (b) EMERGENCY USE DRUGS.—Section 1107a(a) of

22 such title is amended—

23 (1) by inserting ‘‘(A)’’ after ‘‘PRESIDENT.—

24 (1)’’;

25 (2) by striking ‘‘is not feasible,’’ and all that

26 follows through ‘‘members affected, or’’; and
†

224

S 2400 PP

1 (3) by adding at the end the following new sub2 paragraph:

3 ‘‘(B) The waiver authority provided in subparagraph

4 (A) shall not be construed to apply to any case other than

5 a case in which an individual is required to be informed

6 of an option to accept or refuse administration of a par7 ticular product by reason of a determination by the Sec8 retary of Health and Human Services that emergency use

9 of such product is authorized under section 564 of the

10 Federal Food, Drug, and Cosmetic Act.’’.

11 SEC. 717. ELIGIBILITY OF CADETS AND MIDSHIPMEN FOR

12 MEDICAL AND DENTAL CARE AND DIS13 ABILITY BENEFITS.

14 (a) MEDICAL AND DENTAL CARE.—(1) Chapter 55

15 of title 10, United States Code, is amended by inserting

16 after section 1074a the following new section:

17 ‘‘§ 1074b. Medical and dental care: cadets and mid18 shipmen

19 ‘‘(a) ELIGIBILITY.—Under joint regulations pre20 scribed by the administering Secretaries, the following

21 persons are, except as provided in subsection (c), entitled

22 to the benefits described in subsection (b):

23 ‘‘(1) A cadet at the United States Military

24 Academy, the United States Air Force Academy, or

25 the Coast Guard Academy, and a midshipman at the
†

225

S 2400 PP

1 United States Naval Academy, who incurs or aggra2 vates an injury, illness, or disease in the line of duty.

3 ‘‘(2) Each member of, and each designated ap4 plicant for membership in, the Senior Reserve Offi5 cers’ Training Corps who incurs or aggravates an in6 jury, illness, or disease in the line of duty while per7 forming duties under section 2109 of this title.

8 ‘‘(b) BENEFITS.—A person eligible for benefits in

9 subsection (a) for an injury, illness, or disease is entitled

10 to—

11 ‘‘(1) the medical and dental care under this

12 chapter that is appropriate for the treatment of the

13 injury, illness, or disease until the injury, illness, dis14 ease, or any resulting disability cannot be materially

15 improved by further hospitalization or treatment;

16 and

17 ‘‘(2) meals during hospitalization.

18 ‘‘(c) EXCEPTION.—A person is not entitled to bene19 fits under subsection (b) for an injury, illness, or disease,

20 or the aggravation of an injury, illness, or disease that

21 is a result of the gross negligence or the misconduct of

22 that person.’’.

23 (2) The table of sections at the beginning of such

24 chapter is amended by inserting after the item relating

25 to section 1074a the following new item:
†

226

S 2400 PP

‘‘1074b. Medical and dental care: cadets and midshipmen of the service academies.’’.

1 (b) ELIGIBILITY OF ACADEMY CADETS AND MID2 SHIPMEN FOR DISABILITY RETIRED PAY.—(1)(A) Section

3 1217 of title 10, United States Code, is amended to read

4 as follows:

5 ‘‘§ 1217. Cadets, midshipmen, and aviation cadets: ap6 plicability of chapter

7 ‘‘(a) This chapter applies to cadets at the United

8 States Military Academy, the United States Air Force

9 Academy, and the United States Coast Guard Academy

10 and midshipmen of the United States Naval Academy.

11 ‘‘(b) Monthly cadet pay and monthly midshipman pay

12 under section 203(c) of title 37 shall be considered to be

13 basic pay for purposes of this chapter and the computation

14 of retired pay and severance and separation pay to which

15 entitlement is established under this chapter.’’.

16 (B) The item related to section 1217 in the table of

17 sections at the beginning of chapter 61 of such title is

18 amended to read as follows:

‘‘1217. Cadets, midshipmen, and aviation cadets: applicability of chapter.’’.

19 (2) The amendments made by paragraph (1) shall

20 take effect on October 1, 2004.
†

227

S 2400 PP

1 SEC. 718. CONTINUATION OF SUB-ACUTE CARE FOR TRAN2 SITION PERIOD.

3 Section 1074j(b) of title 10, United States Code, is

4 amended by adding at the end the following new para5 graph:

6 ‘‘(4) The Secretary of Defense may take such actions

7 as are necessary to ensure that there is an effective transi8 tion in the furnishing of part-time or intermittent home

9 health care benefits for covered beneficiaries who were re10 ceiving such benefits before the establishment of the pro11 gram under this section. The actions taken under this

12 paragraph may include the continuation of such benefits

13 on an extended basis for such time as the Secretary deter14 mines appropriate.’’.

15 SEC. 719. TEMPORARY AUTHORITY FOR WAIVER OF COL16 LECTION OF PAYMENTS DUE FOR CHAMPUS

17 BENEFITS RECEIVED BY DISABLED PERSONS

18 UNAWARE OF LOSS OF CHAMPUS ELIGI19 BILITY.

20 (a) AUTHORITY TO WAIVE DEBT.—(1) The Sec21 retary of Defense, in consultation with the other admin22 istering Secretaries, may waive (in whole or in part) the

23 collection of payments otherwise due from a person de24 scribed in subsection (b) for health benefits received by

25 such person under section 1086 of title 10, United States
†

228

S 2400 PP

1 Code, after the termination of that person’s eligibility for

2 such benefits.

3 (2) If the Secretary of Defense waives collection of

4 payments from a person under paragraph (1), the Sec5 retary may also authorize a continuation of benefits for

6 such person under such section 1086 for a period ending

7 not later than the end of the period specified in subsection

8 (c) of this section.

9 (b) ELIGIBLE PERSONS.—A person is eligible for re10 lief under subsection (a)(1) if—

11 (1) the person is described in paragraph (1) of

12 subsection (d) of section 1086 of title 10, United

13 States Code;

14 (2) except for such paragraph, the person would

15 have been eligible for the health benefits under such

16 section; and

17 (3) at the time of the receipt of such benefits—

18 (A) the person satisfied the criteria speci19 fied in paragraph (2)(B) of such subsection (d);

20 and

21 (B) the person was unaware of the loss of

22 eligibility to receive the health benefits.

23 (c) PERIOD OF APPLICABILITY.—The authority pro24 vided under this section to waive collection of payments

25 and to continue benefits shall apply, under terms and con-
†

229

S 2400 PP

1 ditions prescribed by the Secretary of Defense, to health

2 benefits provided under section 1086 of title 10, United

3 States Code, during the period beginning on July 1, 1999,

4 and ending at the end of December 31, 2004.

5 (d) CONSULTATION WITH OTHER ADMINISTERING

6 SECRETARIES.—(1) The Secretary of Defense shall con7 sult with the other administering Secretaries in exercising

8 the authority provided in this section.

9 (2) In this subsection, the term ‘‘administering Secre10 taries’’ has the meaning given such term in section

11 1072(3) of title 10, United States Code.

12 SEC. 720. VACCINE HEALTHCARE CENTERS NETWORK.

13 Section 1110 of title 10, United States Code, is

14 amended by adding at the end the following:

15 ‘‘(c) VACCINE HEALTHCARE CENTERS NETWORK.—

16 (1) The Secretary shall carry out this section through the

17 Vaccine Healthcare Centers Network as established by the

18 Secretary in collaboration with the Director of the Centers

19 for Disease Control and Prevention.

20 ‘‘(2) In addition to conducting the activities described

21 in subsection (b), it shall be the purpose of the Vaccine

22 Healthcare Centers Network to improve—

23 ‘‘(A) the safety and quality of vaccine adminis24 tration for the protection of members of the armed

25 forces;
†

230

S 2400 PP

1 ‘‘(B) the submission of data to the Vaccine-re2 lated Adverse Events Reporting System to include

3 comprehensive content and follow-up data;

4 ‘‘(C) the access to clinical management services

5 to members of the armed forces who experience vac6 cine adverse events;

7 ‘‘(D) the knowledge and understanding by

8 members of the armed forces and vaccine-providers

9 of immunization benefits and risks.

10 ‘‘(E) networking between the Department of

11 Defense, the Department of Health and Human

12 Services, the Department of Veterans Affairs, and

13 private advocacy and coalition groups with regard to

14 immunization benefits and risks; and

15 ‘‘(F) clinical research on the safety and efficacy

16 of vaccines.

17 ‘‘(3) To achieve the purposes described in paragraph

18 (2), the Vaccine Healthcare Centers Network, in collabo19 ration with the medical departments of the armed forces,

20 shall carry out the following:

21 ‘‘(A)(i) Establish a network of centers of excel22 lence in clinical immunization safety assessment that

23 provides for outreach, education, and confidential

24 consultative and direct patient care services for vac25 cine related adverse events prevention, diagnosis,
†

231

S 2400 PP

1 treatment and follow-up with respect to members of

2 the armed services.

3 ‘‘(ii) Such centers shall provide expert second

4 opinions for such members regarding medical exemp5 tions under this section and for additional care that

6 is not available at the local medical facilities of such

7 members.

8 ‘‘(B) Develop standardized educational outreach

9 activities to support the initial and ongoing provision

10 of training and education for providers and nursing

11 personnel who are engaged in delivering immuniza12 tion services to the members of the armed forces.

13 ‘‘(C) Develop a program for quality improve14 ment in the submission and understanding of data

15 that is provided to the Vaccine-related Adverse

16 Events Reporting System, particularly among pro17 viders and members of the armed forces.

18 ‘‘(D) Develop and standardize a quality im19 provement program for the Department of Defense

20 relating to immunization services.

21 ‘‘(E) Develop an effective network system, with

22 appropriate internal and external collaborative ef23 forts, to facilitate integration, educational outreach,

24 research, and clinical management of adverse vac25 cine events.
†

232

S 2400 PP

1 ‘‘(F) Provide education and advocacy for vac2 cine recipients to include access to vaccine safety

3 programs, medical exemptions, and quality treat4 ment.

5 ‘‘(G) Support clinical studies with respect to the

6 safety and efficacy of vaccines, including outcomes

7 studies on the implementation of recommendations

8 contained in the clinical guidelines for vaccine-re9 lated adverse events.

10 ‘‘(H) Develop implementation recommendations

11 for vaccine exemptions or alternative vaccine strate12 gies for members of the armed forces who have had

13 prior, or who are susceptible to, serious adverse

14 events, including those with genetic risk factors, and

15 the discovery of treatments for adverse events that

16 are most effective.

17 ‘‘(4) It is the sense of the Senate—

18 ‘‘(A) to recognize the important work being

19 done by the Vaccine Healthcare Center Network for

20 the members of the armed forces; and

21 ‘‘(B) that each of the military departments (as

22 defined in section 102 of title 5, United States

23 Code) is strongly encouraged to fund the Vaccine

24 Healthcare Center Network.’’.
†

233

S 2400 PP

1 SEC. 721. USE OF DEPARTMENT OF DEFENSE FUNDS FOR

2 ABORTIONS IN CASES OF RAPE AND INCEST.

3 Section 1093(a) of title 10, United States Code, is

4 amended by inserting before the period at the end the fol5 lowing: ‘‘ or in a case in which the pregnancy is the result

6 of an act of rape or incest’’.

7 TITLE VIII—ACQUISITION POL8 ICY, ACQUISITION MANAGE9 MENT, AND RELATED MAT10 TERS

11 Subtitle A—Acquisition Policy and

12 Management

13 SEC. 801. RESPONSIBILITIES OF ACQUISITION EXECUTIVES

14 AND CHIEF INFORMATION OFFICERS UNDER

15 THE CLINGER-COHEN ACT.

16 (a) ACQUISITIONS OF INFORMATION TECHNOLOGY

17 EQUIPMENT INTEGRAL TO A WEAPON OR WEAPON SYS18 TEM.—(1) Chapter 131 of title 10, United States Code,

19 is amended by inserting after section 2223 the following:

20 ‘‘§ 2223a. Acquisition of information technology

21 equipment integral to a weapon or a

22 weapon system

23 ‘‘(a) RESPONSIBILITIES OF ACQUISITION EXECU24 TIVES.—The acquisition executive of each military depart25 ment shall be responsible for ensuring that, with regard
†

234

S 2400 PP

1 to a weapon or weapon system acquired or to be acquired

2 by or for that military department—

3 ‘‘(1) the acquisition of information technology

4 equipment that is integral to the weapon or a weap5 on system is conducted in a manner that is con6 sistent with the capital planning, investment control,

7 and performance and results-based management

8 processes and requirements provided under sections

9 11302, 11303, 11312, and 11313 of title 40, to the

10 extent that such processes requirements are applica11 ble to the acquisition of such equipment;

12 ‘‘(2) issues of spectrum availability, interoper13 ability, and information security are appropriately

14 addressed in the development of the weapon or

15 weapon system; and

16 ‘‘(3) in the case of information technology

17 equipment that is to be incorporated into a weapon

18 or a weapon system under a major defense acquisi19 tion program, the information technology equipment

20 is incorporated in a manner that is consistent

21 with—

22 ‘‘(A) the planned approach to applying cer23 tain provisions of law to major defense acquisi24 tion programs following the evolutionary acqui25 sition process that the Secretary of Defense re-
†

235

S 2400 PP

1 ported to Congress under section 802 of the

2 Bob Stump National Defense Authorization Act

3 for Fiscal Year 2003 (Public Law 107–314;

4 116 Stat. 2602);

5 ‘‘(B) the acquisition policies that apply to

6 spiral development programs under section 803

7 of such Act (116 Stat. 2603; 10 U.S.C. 2430

8 note); and

9 ‘‘(C) the software acquisition processes of

10 the military department or Defense Agency con11 cerned under section 804 of such Act (116

12 Stat. 2604; 10 U.S.C. 2430 note).

13 ‘‘(b) BOARD OF SENIOR ACQUISITION OFFICIALS.—

14 (1) The Secretary of Defense shall establish a board of

15 senior acquisition officials to develop policy and provide

16 oversight on the implementation of the requirements of

17 this section and chapter 113 of title 40 in procurements

18 of information technology equipment that is integral to a

19 weapon or a weapon system.

20 ‘‘(2) The board shall be composed of the following

21 officials:

22 ‘‘(A) The Under Secretary of Defense for Ac23 quisition, Technology, and Logistics, who shall be

24 the Chairman.
†

236

S 2400 PP

1 ‘‘(B) The acquisition executives of the military

2 departments.

3 ‘‘(C) The Chief Information Officer of the De4 partment of Defense.

5 ‘‘(3) Any question regarding whether information

6 technology equipment is integral to a weapon or weapon

7 system shall be resolved by the board in accordance with

8 policies established by the board.

9 ‘‘(c) INAPPLICABILITY OF OTHER LAWS.—The fol10 lowing provisions of law do not apply to information tech11 nology equipment that is integral to a weapon or a weapon

12 system:

13 ‘‘(1) Section 11315 of title 40.

14 ‘‘(2) The policies and procedures established

15 under section 11316 of title 40.

16 ‘‘(3) Subsections (d) and (e) of section 811 of

17 the Floyd D. Spence National Defense Authorization

18 Act for Fiscal Year 2001 (as enacted into law by

19 Public Law 106–398; 114 Stat. 1654A–211), and

20 the requirements and prohibitions that are imposed

21 by Department of Defense Directive 5000.1 pursu22 ant to subsections (b) and (c) of such section.

23 ‘‘(4) Section 351 of the Bob Stump National

24 Defense Authorization Act for Fiscal Year 2003
†

237

S 2400 PP

1 (Public Law 107–314; 116 Stat. 2516; 10 U.S.C.

2 221 note).

3 ‘‘(d) DEFINITIONS.—In this section:

4 ‘‘(1) The term ‘acquisition executive’, with re5 spect to a military department, means the official

6 who is designated as the senior procurement execu7 tive of the military department under section 16(3)

8 of the Office of Federal Procurement Policy Act (41

9 U.S.C. 414(3)).

10 ‘‘(2) The term ‘information technology’ has the

11 meaning given such term in section 11101 of title

12 40.

13 ‘‘(3) The term ‘major defense acquisition pro14 gram’ has the meaning given such term in section

15 2430 of this title.’’.

16 (2) The table of sections at the beginning of such

17 chapter is amended by inserting after the item relating

18 to section 2223 the following new item:

‘‘2223a. Acquisition of information technology equipment integral to a weapon

or a weapon system.’’.

19 (b) CONFORMING AMENDMENTS.—Section 2223 of

20 such title is amended—

21 (1) by redesignating subsection (c) as sub22 section (d); and

23 (2) by inserting after subsection (b) the fol24 lowing new subsection (c):
†

238

S 2400 PP

1 ‘‘(c) EQUIPMENT INTEGRAL TO A WEAPON OR WEAP2 ON SYSTEM.—(1) In the case of information technology

3 equipment that is integral to a weapon or weapon system

4 acquired or to be acquired by or for a military department,

5 the responsibilities under this section shall be performed

6 by the acquisition executive of that military department

7 pursuant to the guidance and oversight of the board of

8 senior acquisition officials established under section

9 2223a(b) of this title.

10 ‘‘(2) In this subsection, the term ‘acquisition execu11 tive’ has the meaning given said term in section 2223a(d)

12 of this title.’’.

13 SEC. 802. SOFTWARE-RELATED PROGRAM COSTS UNDER

14 MAJOR DEFENSE ACQUISITION PROGRAMS.

15 (a) CONTENT OF QUARTERLY UNIT COST RE16 PORT.—Subsection (b) of section 2433 of title 10, United

17 States Code, is amended by adding at the end the fol18 lowing new paragraph:

19 ‘‘(5) Any significant changes in the total pro20 gram cost for development and procurement of the

21 software component of the program, schedule mile22 stones for the software component of the program,

23 or expected performance for the software component

24 of the program that are known, expected, or antici25 pated by the program manager.’’.
†

239

S 2400 PP

1 (b) CONTENT OF SELECTED ACQUISITION RE2 PORT.—(1) Subsection (g)(1) of such section is amended

3 by adding at the end the following new subparagraph:

4 ‘‘(Q) In any case in which one or more prob5 lems with the software component of the program

6 significantly contributed to the increase in program

7 unit costs, the action taken and proposed to be

8 taken to solve such problems.’’.

9 (2) Section 2432(e) of title 10, United States Code,

10 is amended—

11 (A) by redesignating paragraphs (7), (8), and

12 (9), as paragraphs (8), (9) and (10), respectively;

13 and

14 (B) by inserting after paragraph (6) the fol15 lowing new paragraph (7):

16 ‘‘(7) The reasons for any significant changes

17 (from the previous Selected Acquisition Report) in

18 the total program cost for development and procure19 ment of the software component of the program,

20 schedule milestones for the software component of

21 the program, or expected performance for the soft22 ware component of the program that are known, ex23 pected, or anticipated by the program manager.’’.

24 (c) EFFECTIVE DATE.—The amendments made by

25 this section shall take effect on October 1, 2004, and shall
†

240

S 2400 PP

1 apply with respect to reports due to be submitted to Con2 gress on or after such date.

3 SEC. 803. INTERNAL CONTROLS FOR DEPARTMENT OF DE4 FENSE PURCHASES THROUGH GSA CLIENT

5 SUPPORT CENTERS.

6 (a) LIMITATION.—No official of the Department of

7 Defense may place an order for, make a purchase of, or

8 otherwise procure property or services in an amount in

9 excess of $100,000 through any particular GSA Client

10 Support Center until the Inspector General of the Depart11 ment of Defense has, after the date of the enactment of

12 this Act—

13 (1) reviewed the policies, procedures, and inter14 nal controls of such Client Support Center in con15 sultation with the Inspector General of the General

16 Services Administration; and

17 (2) certified in writing to the Secretary of De18 fense and the Administrator of General Services that

19 such policies, procedures, and internal controls are

20 adequate to ensure the compliance of such Client

21 Support Center with the requirements of law and

22 regulations that are applicable to orders, purchases,

23 and other procurements of property and services.

24 (b) GSA CLIENT SUPPORT CENTER DEFINED.—In

25 this section, the term ‘‘GSA Client Support Center’’
†

241

S 2400 PP

1 means a Client Support Center of the Federal Technology

2 Service of the General Services Administration.

3 (c) EFFECTIVE DATE AND APPLICABILITY.—This

4 section shall take effect on the date of the enactment of

5 this Act and shall apply with respect to orders, purchases,

6 and other procurements that are initiated by the Depart7 ment of Defense with a GSA Client Support Center on

8 or after such date.

9 SEC. 804. DEFENSE COMMERCIAL SATELLITE SERVICES

10 PROCUREMENT PROCESS.

11 (a) REQUIREMENT FOR DETERMINATION.—The Sec12 retary of Defense shall review alternative mechanisms for

13 procuring commercial satellite services and provide guid14 ance to the Director of the Defense Information Systems

15 Agency and the Secretaries of the military departments

16 on how such procurements should be conducted. The alter17 native procurement mechanisms reviewed by the Secretary

18 of Defense shall, at a minimum, include the following:

19 (1) Procurement under indefinite delivery, in20 definite quantity contracts of the Federal Tech21 nology Service of the General Services Administra22 tion.

23 (2) Procurement directly from commercial

24 sources that are qualified as described in subsection

25 (b), using full and open competition (as defined in
†

242

S 2400 PP

1 section 4(6) of the Office of Federal Procurement

2 Policy Act (41 U.S.C. 403(6))).

3 (3) Procurement by any other means that has

4 been used by the Director of the Defense Informa5 tion Systems Agency or the Secretary of a military

6 department to enter into a contract for the procure7 ment of commercial satellite services that is in force

8 on the date of the enactment of this Act.

9 (b) QUALIFIED SOURCES.—A source of commercial

10 satellite services referred to in paragraph (2) of subsection

11 (a) is a qualified source if the source is incorporated under

12 the laws of a State of the United States and is either—

13 (1) a source of commercial satellite services

14 under a Federal Technology Service contract for the

15 procurement of commercial satellite services de16 scribed in paragraph (1) of such subsection that is

17 in force on the date of the enactment of this Act;

18 or

19 (2) a source of commercial satellite services

20 that meets qualification requirements (as defined in

21 section 2319 of title 10, United States Code, and es22 tablished in accordance with that section) to enter

23 into a Federal Technology Service contract for the

24 procurement of commercial satellite services.
†

243

S 2400 PP

1 (c) REPORT.—Not later than April 30, 2005, the Sec2 retary of Defense shall submit to Congress a report setting

3 forth the conclusions resulting from the Secretary’s review

4 under subsection (a). The report shall include—

5 (1) the guidance provided under such sub6 section; and

7 (2) a discussion of the rationale for that guid8 ance.

9 SEC. 805. REVISION AND EXTENSION OF AUTHORITY FOR

10 ADVISORY PANEL ON REVIEW OF GOVERN11 MENT PROCUREMENT LAWS AND REGULA12 TIONS.

13 (a) RELATIONSHIP OF RECOMMENDATIONS TO

14 SMALL BUSINESSES.—Section 1423 of the National De15 fense Authorization Act for Fiscal Year 2004 (Public Law

16 106–136; 117 Stat. 1669; 41 U.S.C. 405 note) is

17 amended—

18 (1) by redesignating subsection (d) as sub19 section (e); and

20 (2) by inserting after subsection (c) the fol21 lowing new subsection (d):

22 ‘‘(d) ISSUES RELATING TO SMALL BUSINESSES.—In

23 developing recommendations under subsection (c)(2), the

24 panel shall—
†

244

S 2400 PP

1 ‘‘(1) consider the effects of its recommendations

2 on small business concerns; and

3 ‘‘(2) include any recommended modifications of

4 laws, regulations, and policies that the panel con5 siders necessary to enhance and ensure competition

6 in contracting that affords small business concerns

7 meaningful opportunity to participate in Federal

8 Government contracts.’’.

9 (b) REVISION AND EXTENSION OF REPORTING RE10 QUIREMENT.—Section 1423(d) of the National Defense

11 Authorization Act for Fiscal Year 2004 (Public Law 108–

12 136; 117 Stat. 1669; 41 U.S.C. 405 note) is amended—

13 (1) by striking ‘‘one year after the establish14 ment of the panel’’ and inserting ‘‘one year after the

15 date of the enactment of the National Defense Au16 thorization Act for Fiscal Year 2005’’;

17 (2) by striking ‘‘Services and’’ both places it

18 appears and inserting ‘‘Services,’’;

19 (3) by inserting ‘‘, and Small Business’’ after

20 ‘‘Government Reform’’; and

21 (4) by inserting ‘‘, and Small Business and En22 trepreneurship’’ after ‘‘Governmental Affairs’’.
†

245

S 2400 PP

1 Subtitle B—General Contracting

2 Authorities, Procedures, and

3 Limitations, and Other Matters

4 SEC. 811. INCREASED THRESHOLDS FOR APPLICABILITY

5 OF CERTAIN REQUIREMENTS.

6 (a) SENIOR PROCUREMENT EXECUTIVE APPROVAL

7 OF USE OF PROCEDURES OTHER THAN COMPETITIVE

8 PROCEDURES.—Section 2304(f)(1)(B) of title 10, United

9 States Code, is amended by striking ‘‘$50,000,000’’ both

10 places it appears and inserting ‘‘$75,000,000’’.

11 (b) INFORMATION ON SUBCONTRACTING AUTHORITY

12 OF DEFENSE CONTRACTOR PERSONNEL.—Section

13 2416(d) of such title is amended by striking ‘‘$500,000’’

14 and inserting ‘‘$1,000,000’’.

15 SEC. 812. PERIOD FOR MULTIYEAR TASK AND DELIVERY

16 ORDER CONTRACTS.

17 (a) REVISED MAXIMUM PERIOD.—Section 2304a(f)

18 of title 10, United States Code, is amended by striking

19 ‘‘a total period of not more than five years.’’ and inserting

20 ‘‘any period up to five years and may extend the contract

21 period for one or more successive periods pursuant to an

22 option provided in the contract or a modification of the

23 contract. The total contract period as extended may not

24 exceed eight years unless such head of an agency person-
†

246

S 2400 PP

1 ally determines in writing that exceptional circumstances

2 necessitate a longer contract period.’’.

3 (b) ANNUAL REPORT.—Not later than 60 days after

4 the end of each of fiscal years 2005 through 2009, the

5 Secretary of Defense shall submit to Congress a report

6 setting forth each extension of a contract period to a total

7 of more than eight years that was granted for task and

8 delivery order contracts of the Department of Defense

9 during such fiscal year under section 2304a(f) of title 10,

10 United States Code. The report shall include, with respect

11 to each such contract period extension—

12 (1) a discussion of the exceptional cir13 cumstances on which the extension was based; and

14 (2) the justification for the determination of ex15 ceptional circumstances.

16 SEC. 813. SUBMISSION OF COST OR PRICING DATA ON NON17 COMMERCIAL MODIFICATIONS OF COMMER18 CIAL ITEMS.

19 (a) INAPPLICABILITY OF COMMERCIAL ITEMS EX20 CEPTION TO NONCOMMERCIAL MODIFICATIONS OF COM21 MERCIAL ITEMS.—Subsection (b) of section 2306a of title

22 10, United States Code, is amended by adding at the end

23 the following new paragraph:

24 ‘‘(3) NONCOMMERCIAL MODIFICATIONS OF COM25 MERCIAL ITEMS.—(A) The exception in paragraph
†

247

S 2400 PP

1 (1)(B) does not apply to cost or pricing data on non2 commercial modifications of a commercial item that

3 are expected to cost, in the aggregate, more than

4 $500,000.

5 ‘‘(B) In this paragraph, the term ‘noncommer6 cial modification’, with respect to a commercial item,

7 means a modification of such item that is not a

8 modification described in section 4(12)(C)(i) of the

9 Office of Federal Procurement Policy Act (41 U.S.C.

10 403(12)(C)(i)).

11 ‘‘(C) Nothing in subparagraph (A) shall be

12 construed—

13 ‘‘(i) to limit the applicability of the excep14 tion in subparagraph (A) or (C) of paragraph

15 (1) to cost or pricing data on a noncommercial

16 modification of a commercial item; or

17 ‘‘(ii) to require the submission of cost or

18 pricing data on any aspect of an acquisition of

19 a commercial item other than the cost and pric20 ing of noncommercial modifications of such

21 item.’’.

22 (b) EFFECTIVE DATE AND APPLICABILITY.—Para23 graph (3) of section 2306a of title 10, United States Code

24 (as added by subsection (a)), shall take effect on January

25 1, 2005, and shall apply with respect to offers submitted,
†

248

S 2400 PP

1 and to modifications of contracts or subcontracts made,

2 on or after that date.

3 SEC. 814. DELEGATIONS OF AUTHORITY TO MAKE DETER4 MINATIONS RELATING TO PAYMENT OF DE5 FENSE CONTRACTORS FOR BUSINESS RE6 STRUCTURING COSTS.

7 Section 2325(a)(2) of title 10, United States Code,

8 is amended—

9 (1) by striking ‘‘paragraph (1) to an official’’

10 and all that follows and inserting ‘‘paragraph (1),

11 with respect to a business combination, to an official

12 of the Department of Defense—’’; and

13 (2) by adding at the end the following:

14 ‘‘(A) below the level of an Assistant Secretary

15 of Defense for cases in which the amount of restruc16 turing costs is expected to exceed $25,000,000 over

17 a 5-year period; or

18 ‘‘(B) below the level of the Director of the De19 fense Contract Management Agency for all other

20 cases.’’.
†

249

S 2400 PP

1 SEC. 815. LIMITATION REGARDING SERVICE CHARGES IM2 POSED FOR DEFENSE PROCUREMENTS MADE

3 THROUGH CONTRACTS OF OTHER AGENCIES.

4 (a) LIMITATION.—(1) Chapter 141 of title 10, United

5 States Code, is amended by inserting after section 2382

6 the following new section 2383:

7 ‘‘§ 2383. Procurements through contracts of other

8 agencies: service charges

9 ‘‘(a) LIMITATION.—The head of an agency may not

10 procure goods or services (under section 1535 of title 31,

11 pursuant to a designation under section 11302(e) of title

12 40, or otherwise) through a contract entered into by an

13 agency outside the Department of Defense if the amount

14 charged such head of an agency by the contracting agency

15 for the goods or services includes a service charge in a

16 total amount that exceeds one percent of the amount

17 charged by the contractor for such goods or services under

18 the contract.

19 ‘‘(b) WAIVER AUTHORITY.—(1) The appropriate offi20 cial of the Department of Defense may waive the limita21 tion in subsection (a) in the case of any procurement for

22 which that official determines that it is in the national

23 security interests of the United States to do so.

24 ‘‘(2) The appropriate official for exercise of the waiv25 er authority under paragraph (1) is as follows:
†

250

S 2400 PP

1 ‘‘(A) In the case of a procurement by a Defense

2 Agency or Department of Defense Field Activity, the

3 Secretary of Defense.

4 ‘‘(B) In the case of a procurement for a mili5 tary department, the Secretary of that military de6 partment.

7 ‘‘(3)(A) The Secretary of Defense may not delegate

8 the authority under paragraph (1) to any person other

9 than the Deputy Secretary of Defense or the Under Sec10 retary of Defense for Acquisition, Technology, and Logis11 tics.

12 ‘‘(B) The Secretary of a military department may not

13 delegate the authority under paragraph (1) to any person

14 other than the acquisition executive of that military de15 partment.

16 ‘‘(c) INAPPLICABILITY TO CONTRACTS FOR CERTAIN

17 SERVICES.—This section does not apply to procurements

18 of the following services:

19 ‘‘(1) Printing, binding, or blank-book work to

20 which section 502 of title 44 applies.

21 ‘‘(2) Services available under programs pursu22 ant to section 103 of the Library of Congress Fiscal

23 Operations Improvement Act of 2000 (Public Law

24 106–481; 114 Stat. 2187; 2 U.S.C. 182c).
†

251

S 2400 PP

1 ‘‘(d) INAPPLICABILITY TO COAST GUARD AND

2 NASA.—This section does not apply to the Coast Guard

3 when it is not operating as a service in the Navy or to

4 the National Aeronautics and Space Administration.

5 ‘‘(e) DEFINITIONS.—In this section:

6 ‘‘(1) The term ‘head of an agency’ has the

7 meaning given such term in section 2302 of this

8 title.

9 ‘‘(2) The term ‘acquisition executive’, with re10 spect to a military department, means the official

11 who is designated as the senior procurement execu12 tive of that military department under section 16(3)

13 of the Office of Federal Procurement Policy Act (41

14 U.S.C. 414(3)).’’.

15 (2) The table of sections at the beginning of such

16 chapter is amended by inserting after the item relating

17 to section 2382 the following new item:

‘‘2383. Procurements through contracts of other agencies: service charges.’’.

18 (b) EFFECTIVE DATE AND APPLICABILITY.—Section

19 2383 of title 10, United States Code, shall take effect on

20 October 1, 2004, and shall apply with respect to orders

21 for goods or services that are issued by the head of an

22 agency (as defined in section 2302 of such title) on or

23 after such date.
†

252

S 2400 PP

1 SEC. 816. SENSE OF THE SENATE ON EFFECTS OF COST IN2 FLATION ON THE VALUE RANGE OF THE CON3 TRACTS TO WHICH A SMALL BUSINESS CON4 TRACT RESERVATION APPLIES.

5 (a) SENSE OF THE SENATE.—It is the sense of the

6 Senate that—

7 (1) in the administration of the requirement for

8 reservation of contracts for small businesses under

9 subsection (j) of section 15 of the Small Business

10 Act (15 U.S.C. 644), the maximum amount in the

11 contract value range provided under that subsection

12 should be treated as being adjusted to the same

13 amount to which the simplified acquisition threshold

14 is increased whenever such threshold is increased

15 under law; and

16 (2) the Administrator for Federal Procurement

17 Policy, in consultation with the Federal Acquisition

18 Regulatory Council, should ensure that appropriate

19 governmentwide policies and procedures are in

20 place—

21 (A) to monitor socioeconomic data con22 cerning purchases made by means of purchase

23 cards or credit cards issued for use in trans24 actions on behalf of the Federal Government;

25 and
†

253

S 2400 PP

1 (B) to encourage the placement of a fair

2 portion of such purchases with small businesses

3 consistent with governmentwide goals for small

4 business prime contracting established under

5 section 15(g) of the Small Business Act (15

6 U.S.C. 644(g)).

7 (b) SIMPLIFIED ACQUISITION THRESHOLD DE8 FINED.—In this section, the term ‘‘simplified acquisition

9 threshold’’ has the meaning given such term in section

10 4(11) of the Office of Federal Procurement Policy Act (41

11 U.S.C. 403(11)).

12 Subtitle C—Extensions of

13 Temporary Program Authorities

14 SEC. 821. EXTENSION OF CONTRACT GOAL FOR SMALL DIS15 ADVANTAGED BUSINESS AND CERTAIN INSTI16 TUTIONS OF HIGHER EDUCATION.

17 Section 2323(k) of title 10, United States Code, is

18 amended by striking ‘‘2006’’ both places it appears and

19 inserting ‘‘2009’’.

20 SEC. 822. EXTENSION OF MENTOR-PROTEGE PROGRAM.

21 Section 831 of the National Defense Authorization

22 Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C.

23 2302 note) is amended—

24 (1) in subsection (j)—
†

254

S 2400 PP

1 (A) in paragraph (1), by striking ‘‘Sep2 tember 30, 2005’’ and inserting ‘‘September 30,

3 2010’’; and

4 (B) in paragraph (2), by striking ‘‘Sep5 tember 30, 2008’’ and inserting ‘‘September 30,

6 2013’’; and

7 (2) in subsection (l)(3), by striking ‘‘2007’’ and

8 inserting ‘‘2012’’.

9 SEC. 823. EXTENSION OF TEST PROGRAM FOR NEGOTIA10 TION OF COMPREHENSIVE SMALL BUSINESS

11 SUBCONTRACTING PLANS.

12 Section 834(e) of the National Defense Authorization

13 Act for Fiscal Years 1990 and 1991 (Public Law 101–

14 189; 15 U.S.C. 637 note) is amended by striking ‘‘Sep15 tember 30, 2005’’ and inserting ‘‘September 30, 2010’’.

16 SEC. 824. EXTENSION OF PILOT PROGRAM ON SALES OF

17 MANUFACTURED ARTICLES AND SERVICES

18 OF CERTAIN ARMY INDUSTRIAL FACILITIES.

19 Section 141(a) of the National Defense Authorization

20 Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C.

21 4543 note) is amended by striking ‘‘through 2004’’ in the

22 first sentence and inserting ‘‘through 2009’’.
†

255

S 2400 PP

1 Subtitle D—Industrial Base

2 Matters

3 SEC. 831. COMMISSION ON THE FUTURE OF THE NATIONAL

4 TECHNOLOGY AND INDUSTRIAL BASE.

5 (a) ESTABLISHMENT.—There is established a com6 mission to be known as the Commission on the Future

7 of the National Technology and Industrial Base (hereafter

8 in this section referred to as the ‘‘Commission’’).

9 (b) MEMBERSHIP.—(1) The Commission shall be

10 composed of 12 members appointed by the President.

11 (2) The members of the Commission shall include—

12 (A) persons with extensive experience and na13 tional reputations for expertise in the defense indus14 try, commercial industries that support the defense

15 industry, and the economics, finance, national secu16 rity, international trade, or foreign policy areas; and

17 (B) persons who are representative of labor or18 ganizations associated with the defense industry,

19 and persons who are representative of small business

20 concerns or organizations of small business concerns

21 that are involved in Department of Defense con22 tracting and other Federal Government contracting.

23 (3) The appointment of the members of the Commis24 sion under this subsection shall be made not later than

25 March 1, 2005.
†

256

S 2400 PP

1 (4) Members shall be appointed for the life of the

2 Commission. A vacancy in the Commission shall not affect

3 its powers, but shall be filled in the same manner in which

4 the original appointment was made.

5 (5) The President shall designate one member of the

6 Commission to serve as the Chairman of the Commission.

7 (c) MEETINGS.—(1) The Commission shall meet at

8 the call of the Chairman.

9 (2) A majority of the members of the Commission

10 shall constitute a quorum, but a lesser number may hold

11 hearings.

12 (d) DUTIES.—(1) The Commission shall—

13 (A) study the issues associated with the future

14 of the national technology and industrial base in the

15 global economy, particularly with respect to its effect

16 on United States national security; and

17 (B) assess the future ability of the national

18 technology and industrial base to attain the national

19 security objectives set forth in section 2501 of title

20 10, United States Code.

21 (2) In carrying out the study and assessment under

22 paragraph (1), the Commission shall consider the fol23 lowing matters:

24 (A) Existing and projected future capabilities of

25 the national technology and industrial base.
†

257

S 2400 PP

1 (B) The impact on the national technology and

2 industrial base of civil-military integration and the

3 growing dependence of the Department of Defense

4 on the commercial market for defense products and

5 services.

6 (C) Any current or projected shortages of a

7 critical technology (as defined in section 2500(6) of

8 title 10, United States Code), or the raw materials

9 necessary for the production of such technology, that

10 could adversely affect the national security of the

11 United States.

12 (D) The effects of domestic source restrictions

13 on the strength of the national technology and in14 dustrial base.

15 (E) The effects of the policies and practices of

16 United States allies and trading partners on the na17 tional technology and industrial base.

18 (F) The effects on the national technology and

19 industrial base of laws and regulations related to

20 international trade and the export of defense tech21 nologies and dual-use technologies.

22 (G) The adequacy of programs that support

23 science and engineering education, including pro24 grams that support defense science and engineering

25 efforts at institutions of higher learning, with re-
†

258

S 2400 PP

1 spect to meeting the needs of the national tech2 nology and industrial base.

3 (H) The implementation of policies and plan4 ning required under subchapter II of chapter 148 of

5 title 10, United States Code, and other provisions of

6 law designed to support the national technology and

7 industrial base.

8 (I) The role of the Manufacturing Technology

9 program, other Department of Defense research and

10 development programs, and the utilization of the au11 thorities of the Defense Production Act of 1950 to

12 provide transformational breakthroughs in advanced

13 manufacturing technologies and processes that en14 sure the strength and productivity of the national

15 technology and industrial base.

16 (J) The role of small business concerns in

17 strengthening the national technology and industrial

18 base.

19 (e) REPORT.—Not later than March 1, 2007, the

20 Commission shall submit a report on its activities to the

21 President and Congress. The report shall include the fol22 lowing matters:

23 (1) The findings and conclusions of the Com24 mission.
†

259

S 2400 PP

1 (2) The recommendations of the Commission

2 for actions by Federal Government officials to sup3 port the maintenance of a robust national technology

4 and industrial base in the 21st century.

5 (3) The recommendations of the Commission

6 for addressing shortages in critical technologies, and

7 shortages of raw materials necessary for the produc8 tion of critical technologies, that could adversely af9 fect the national security of the United States.

10 (4) Any recommendations for legislation or

11 changes in regulations to support the implementa12 tion of the findings of the Commission.

13 (5) A discussion of appropriate measures to im14 plement the recommendations of the Commission.

15 (f) ADMINISTRATIVE REQUIREMENTS AND AUTHORI16 TIES.—(1) The Director of the Office of Management and

17 Budget shall ensure that the Commission is provided such

18 administrative services, facilities, staff, and other support

19 services as may be necessary for the Commission to carry

20 out its duties. Expenses of the Commission shall be paid

21 out of funds available to the Director.

22 (2) The Commission may hold such hearings, sit and

23 act at such times and places, take such testimony, and

24 receive such evidence as the Commission considers advis25 able to carry out the purposes of this section.
†

260

S 2400 PP

1 (3) The Commission may secure directly from any

2 Federal department or agency such information as the

3 commission considers necessary to carry out the provisions

4 of this section. Upon a request of the Chairman of the

5 Commission, the head of such department or agency shall

6 furnish such information to the Commission.

7 (4) The Commission may use the United States mails

8 in the same manner and under the same conditions as

9 other departments and agencies of the Federal Govern10 ment.

11 (g) PERSONNEL MATTERS.—(1) Members of the

12 Commission shall serve without compensation for their

13 service on the Commission, except that each member of

14 the Commission who is not an officer or employee of the

15 United States shall be allowed travel expenses, including

16 per diem in lieu of subsistence, at rates authorized for em17 ployees of agencies under subchapter I of chapter 57 of

18 title 5, United States Code, while away from their homes

19 or regular places of business in the performance of services

20 for the Commission.

21 (2) Section 3161 of title 5, United States Code, shall

22 apply to the Commission, except that—

23 (A) members of the Commission shall not be

24 entitled to pay for services under subsection (d) of

25 such section; and
†

261

S 2400 PP

1 (B) subsection (b)(2) of such section shall not

2 apply to the employees of the Commission.

3 (h) APPLICABILITY OF FEDERAL ADVISORY COM4 MITTEE ACT.—The Federal Advisory Committee Act (5

5 U.S.C. App.) shall not apply to the Commission.

6 (i) TERMINATION.—The Commission shall terminate

7 30 days after the date on which the Commission submits

8 its report under subsection (e).

9 (j) DEFINITION OF NATIONAL TECHNOLOGY AND IN10 DUSTRIAL BASE.—In this section, the term ‘‘national

11 technology and industrial base’’ has the meaning given

12 such term in section 2500 of title 10, United States Code.

13 SEC. 832. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR

14 CONTENT REQUIREMENTS.

15 (a) AUTHORITY.—Subchapter V of chapter 148 of

16 title 10, United States Code, is amended by adding at the

17 end the following new section:

18 ‘‘§ 2539c. Waiver of domestic source or content re19 quirements

20 ‘‘(a) AUTHORITY.—Except as provided in subsection

21 (f), the Secretary of Defense may waive the application

22 of any domestic source requirement or domestic content

23 requirement referred to in subsection (b) and thereby au24 thorize the procurement of items that are grown, reproc25 essed, reused, produced, or manufactured—
†

262

S 2400 PP

1 ‘‘(1) in a foreign country that has a Declaration

2 of Principles with the United States;

3 ‘‘(2) in a foreign country that has a Declaration

4 of Principles with the United States substantially

5 from components and materials grown, reprocessed,

6 reused, produced, or manufactured in the United

7 States or any foreign country that has a Declaration

8 of Principles with the United States; or

9 ‘‘(3) in the United States substantially from

10 components and materials grown, reprocessed, re11 used, produced, or manufactured in the United

12 States or any foreign country that has a Declaration

13 of Principles with the United States.

14 ‘‘(b) COVERED REQUIREMENTS.—For purposes of

15 this section:

16 ‘‘(1) A domestic source requirement is any re17 quirement under law that the Department of De18 fense satisfy its requirements for an item by pro19 curing an item that is grown, reprocessed, reused,

20 produced, or manufactured in the United States or

21 by a manufacturer that is a part of the national

22 technology and industrial base (as defined in section

23 2500(1) of this title).

24 ‘‘(2) A domestic content requirement is any re25 quirement under law that the Department of De-
†

263

S 2400 PP

1 fense satisfy its requirements for an item by pro2 curing an item produced or manufactured partly or

3 wholly from components and materials grown, re4 processed, reused, produced, or manufactured in the

5 United States.

6 ‘‘(c) APPLICABILITY.—The authority of the Secretary

7 to waive the application of a domestic source or content

8 requirements under subsection (a) applies to the procure9 ment of items for which the Secretary of Defense deter10 mines that—

11 ‘‘(1) application of the requirement would im12 pede the reciprocal procurement of defense items

13 under a Declaration of Principles with the United

14 States; and

15 ‘‘(2) such country does not discriminate against

16 defense items produced in the United States to a

17 greater degree than the United States discriminates

18 against defense items produced in that country.

19 ‘‘(d) LIMITATION ON DELEGATION.—The authority

20 of the Secretary to waive the application of domestic

21 source or content requirements under subsection (a) may

22 not be delegated to any officer or employee other than the

23 Under Secretary of Defense for Acquisition, Technology

24 and Logistics.
†

264

S 2400 PP

1 ‘‘(e) CONSULTATIONS.—The Secretary may grant a

2 waiver of the application of a domestic source or content

3 requirement under subsection (a) only after consultation

4 with the United States Trade Representative, the Sec5 retary of Commerce, and the Secretary of State.

6 ‘‘(f) LAWS NOT WAIVABLE.—The Secretary of De7 fense may not exercise the authority under subsection (a)

8 to waive any domestic source or content requirement con9 tained in any of the following laws:

10 ‘‘(1) The Small Business Act (15 U.S.C. 631 et

11 seq.).

12 ‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C.

13 46 et seq.).

14 ‘‘(3) Sections 7309 and 7310 of this title.

15 ‘‘(4) Section 2533a of this title.

16 ‘‘(g) RELATIONSHIP TO OTHER WAIVER AUTHOR17 ITY.—The authority under subsection (a) to waive a do18 mestic source requirement or domestic content require19 ment is in addition to any other authority to waive such

20 requirement.

21 ‘‘(h) CONSTRUCTION WITH RESPECT TO LATER EN22 ACTED LAWS.—This section may not be construed as

23 being inapplicable to a domestic source requirement or do24 mestic content requirement that is set forth in a law en-
†

265

S 2400 PP

1 acted after the enactment of this section solely on the

2 basis of the later enactment.

3 ‘‘(i) DECLARATION OF PRINCIPLES.—(1) In this sec4 tion, the term ‘Declaration of Principles’ means a written

5 understanding (including any Statement of Principles) be6 tween the Department of Defense and its counterpart in

7 a foreign country signifying a cooperative relationship be8 tween the Department and its counterpart to standardize

9 or make interoperable defense equipment used by the

10 armed forces and the armed forces of the foreign country

11 across a broad spectrum of defense activities, including—

12 ‘‘(A) harmonization of military requirements

13 and acquisition processes;

14 ‘‘(B) security of supply;

15 ‘‘(C) export procedures;

16 ‘‘(D) security of information;

17 ‘‘(E) ownership and corporate governance;

18 ‘‘(F) research and development;

19 ‘‘(G) flow of technical information; and

20 ‘‘(H) defense trade.

21 ‘‘(2) A Declaration of Principles is underpinned by

22 a memorandum of understanding or other agreement pro23 viding for the reciprocal procurement of defense items be24 tween the United States and the foreign country con-
†

266

S 2400 PP

1 cerned without unfair discrimination in accordance with

2 section 2531 of this title.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of such subchapter is amended by insert5 ing after the item relating to section 2539b the following

6 new item:

‘‘2539c. Waiver of domestic source or content requirements.’’.

7 SEC. 833. CONSISTENCY WITH UNITED STATES OBLIGA8 TIONS UNDER TRADE AGREEMENTS.

9 No provision of this Act or any amendment made by

10 this Act shall apply to a procurement by or for the Depart11 ment of Defense to the extent that the Secretary of De12 fense, in consultation with the Secretary of Commerce, the

13 United States Trade Representative, and the Secretary of

14 State, determines that it is inconsistent with United

15 States obligations under a trade agreement.

16 SEC. 834. REPEAL OF CERTAIN REQUIREMENTS AND LIMI17 TATIONS RELATING TO THE DEFENSE INDUS18 TRIAL BASE.

19 (a) ESSENTIAL ITEM IDENTIFICATION AND DOMES20 TIC PRODUCTION CAPABILITIES IMPROVEMENT.—Sec21 tions 812, 813, and 814 of the National Defense Author22 ization Act for Fiscal Year 2004 (Public Law 108–136;

23 117 Stat. 1542, 1543, 1545; 10 U.S.C. 2501 note) are

24 repealed.
†

267

S 2400 PP

1 (b) ELIMINATION OF UNRELIABLE SOURCE FOR

2 ITEMS AND COMPONENTS.—Section 821 of such Act (117

3 Stat. 1546; 10 U.S.C. 2534 note) is repealed.

4 Subtitle E—Defense Acquisition

5 and Support Workforce

6 SEC. 841. LIMITATION AND REINVESTMENT AUTHORITY RE7 LATING TO REDUCTION OF THE DEFENSE AC8 QUISITION AND SUPPORT WORKFORCE.

9 (a) LIMITATION.—Notwithstanding any other provi10 sion of law, the defense acquisition and support workforce

11 may not be reduced, during fiscal years 2005, 2006, and

12 2007, below the level of that workforce as of September

13 30, 2003, determined on the basis of full-time employee

14 equivalence, except as may be necessary to strengthen the

15 defense acquisition and support workforce in higher pri16 ority positions in accordance with this section.

17 (b) INCREASE AND REALIGNMENT OF WORK18 FORCE.—(1)(A) During fiscal years 2005, 2006, and

19 2007, the Secretary of Defense shall increase the number

20 of persons employed in the defense acquisition and support

21 workforce as follows:

22 (i) During fiscal year 2005, to 105 percent of

23 the baseline number (as defined in subparagraph

24 (B)).
†

268

S 2400 PP

1 (ii) During fiscal year 2006, to 110 percent of

2 the baseline number.

3 (iii) During fiscal year 2007, to 115 percent of

4 the baseline number.

5 (B) In this paragraph, the term ‘‘baseline number’’,

6 with respect to persons employed in the defense acquisi7 tion and support workforce, means the number of persons

8 employed in such workforce as of September 30, 2003 (de9 termined on the basis of full-time employee equivalence).

10 (C) The Secretary of Defense may waive a require11 ment in subparagraph (A) and, subject to subsection (a),

12 employ in the defense acquisition and support workforce

13 a lesser number of employees if the Secretary determines

14 and certifies to the congressional defense committees that

15 the cost of increasing such workforce to the larger size

16 as required under that subparagraph would exceed the

17 savings to be derived from the additional oversight that

18 would be achieved by having a defense acquisition and

19 support workforce of such larger size.

20 (2) During fiscal years 2005, 2006, and 2007, the

21 Secretary of Defense may realign any part of the defense

22 acquisition and support workforce to support reinvestment

23 in other, higher priority positions in such workforce.

24 (c) HIGHER PRIORITY POSITIONS.—For the purposes

25 of this section, higher priority positions in the defense ac-
†

269

S 2400 PP

1 quisition and support workforce include the following posi2 tions:

3 (1) Positions the responsibilities of which in4 clude drafting performance-based work statements

5 for services contracts and overseeing the perform6 ance of contracts awarded pursuant to such work

7 statements.

8 (2) Positions the responsibilities of which in9 clude conducting spending analyses, negotiating

10 company-wide pricing agreements, and taking other

11 measures to reduce contract costs.

12 (3) Positions the responsibilities of which in13 clude reviewing contractor quality control systems,

14 assessing and analyzing quality deficiency reports,

15 and taking other measures to improve product qual16 ity.

17 (4) Positions the responsibilities of which in18 clude effectively conducting public-private competi19 tions in accordance with Office of Management and

20 Budget Circular A–76.

21 (5) Any other positions in the defense acquisi22 tion and support workforce that the Secretary of De23 fense identifies as being higher priority positions

24 that are staffed at levels not likely to ensure efficient
†

270

S 2400 PP

1 and effective performance of all of the responsibil2 ities of those positions.

3 (d) STRATEGIC ASSESSMENT AND PLAN.—(1) The

4 Secretary of Defense shall—

5 (A) assess the extent to which the Department

6 of Defense can recruit, retain, train, and provide

7 professional development opportunities for acquisi8 tion professionals over the 10-fiscal year period be9 ginning with fiscal year 2005; and

10 (B) develop a human resources strategic plan

11 for the defense acquisition and support workforce

12 that includes objectives and planned actions for im13 proving the management of such workforce.

14 (2) The Secretary shall submit to Congress, not later

15 than April 1, 2005, a report on the progress made in—

16 (A) completing the assessment required under

17 paragraph (1); and

18 (B) completing and implementing the strategic

19 plan required under such paragraph.

20 (e) DEFENSE ACQUISITION AND SUPPORT WORK21 FORCE DEFINED.—In this section, the term ‘‘defense ac22 quisition and support workforce’’ means members of the

23 Armed Forces and civilian personnel who are assigned to,

24 or are employed in, an organization of the Department
†

271

S 2400 PP

1 of Defense that has acquisition as its predominant mis2 sion, as determined by the Secretary of Defense.

3 SEC. 842. DEFENSE ACQUISITION WORKFORCE IMPROVE4 MENTS.

5 (a) SELECTION CRITERIA FOR ACQUISITION CORPS

6 AND FOR CRITICAL ACQUISITION POSITIONS.—(1) Section

7 1732(b)(1)(A) of title 10, United States Code, is amended

8 by striking ‘‘within grade GS–13 or above of’’ and insert9 ing ‘‘for which the employee is being paid at a rate of

10 basic pay that equals or exceeds the minimum rate of basic

11 pay provided for grade GS–13 under’’.

12 (2) Section 1733(b)(1)(A)(i) of such title is amended

13 by striking ‘‘in a position within grade GS–14 or above

14 of the General Schedule, or’’ and inserting ‘‘who is cur15 rently serving in a position for which the employee is being

16 paid at a rate of basic pay that equals or exceeds the min17 imum rate of basic pay provided for grade GS–14 under

18 the General Schedule or is required to be filled by an em19 ployee who is’’.

20 (b) SCHOLARSHIP PROGRAM.—Section 1742 of such

21 title is amended—

22 (1) by inserting ‘‘(a) REQUIRED

23 PROGRAMS.—’’ before ‘‘The Secretary of Defense

24 shall conduct’’; and
†

272

S 2400 PP

1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) SCHOLARSHIP PROGRAM REQUIREMENTS.—(1)

4 Each recipient of a scholarship under a program con5 ducted under subsection (a)(3) shall be required to sign

6 a written agreement that sets forth the terms and condi7 tions of the scholarship. The agreement shall include the

8 following:

9 ‘‘(A) Criteria for the recipient’s continued eligi10 bility for the scholarship.

11 ‘‘(B) The terms of any requirement for the re12 cipient to reimburse the United States for edu13 cational assistance provided under the scholarship

14 upon—

15 ‘‘(i) a failure by the recipient to satisfy the

16 criteria for continued eligibility for the scholar17 ship; or

18 ‘‘(ii) a termination of the recipient’s service

19 in the Department of Defense before the end of

20 any period of obligated service provided in the

21 agreement, as described in paragraph (2).

22 ‘‘(2) Subject to paragraph (3)(C), a recipient of a

23 scholarship under the program shall reimburse the United

24 States the total amount of educational assistance provided

25 to the recipient under the program if the recipient is vol-
†

273

S 2400 PP

1 untarily separated from service or involuntarily separated

2 for cause from the Department of Defense before the end

3 of any period for which the recipient has agreed, as a con4 dition of the scholarship, to continue in the service of the

5 Department of Defense in an acquisition position.

6 ‘‘(3)(A) If an employee fails to fulfill an agreement

7 to pay the Government any amount of educational assist8 ance provided to that person under the program, a sum

9 equal to such amount of the educational assistance is re10 coverable by the Government from the employee or his es11 tate by—

12 ‘‘(i) setoff against accrued pay, compensation,

13 amount of retirement credit, or other amount due

14 the employee from the Government; and

15 ‘‘(ii) such other method as is provided by law

16 for the recovery of amounts owing to the Govern17 ment.

18 ‘‘(B) An obligation to reimburse the United States

19 under an agreement entered into under this subsection is

20 for all purposes a debt owed to the United States.

21 ‘‘(C) The Secretary of Defense may waive in whole

22 or in part a reimbursement required under this subsection

23 or under an agreement entered into under this subsection

24 if the Secretary determines that the recovery would be
†

274

S 2400 PP

1 against equity and good conscience or would be contrary

2 to the best interests of the United States.

3 ‘‘(D) A discharge in bankruptcy under title 11 that

4 is entered less than five years after the termination of an

5 agreement entered into under this subsection does not dis6 charge a person executing the agreement from a debt aris7 ing under this subsection or such agreement.

8 ‘‘(4) Nothing in this subsection shall be considered

9 to require that a position be offered to a recipient of a

10 scholarship under the program after such recipient suc11 cessfully completes the course of education for which the

12 scholarship is granted. However, the agreement entered

13 into under this subsection with respect to such scholarship

14 shall be considered terminated if the recipient is not, with15 in the time specified in the agreement, offered a full-time

16 acquisition position in the Department of Defense that—

17 ‘‘(A) is commensurate with the recipient’s aca18 demic degree and experience; and

19 ‘‘(B) is—

20 ‘‘(i) in the excepted service, if the recipient

21 has not previously acquired competitive status,

22 with the right, after successful completion of

23 two years of service and such other require24 ments as the Office of Personnel Management

25 may prescribe, to be appointed to a position in
†

275

S 2400 PP

1 the competitive service, notwithstanding sub2 chapter I of chapter 33 of title 5; or

3 ‘‘(ii) in the competitive service, if the re4 cipient has previously acquired competitive sta5 tus.’’.

6 (c) AUTHORITY TO ESTABLISH DIFFERENT MIN7 IMUM REQUIREMENTS.—(1) Section 1764(b) of such title

8 is amended—

9 (A) by redesignating paragraph (5) as para10 graph (6); and

11 (B) by inserting after paragraph (4) the fol12 lowing new paragraph (5):

13 ‘‘(5) Deputy program manager.’’.

14 (2) Paragraph (1) of such section is amended by

15 striking ‘‘in paragraph (5)’’ and inserting ‘‘in paragraph

16 (6)’’.

17 Subtitle F—Public-Private

18 Competitions

19 SEC. 851. PUBLIC-PRIVATE COMPETITION FOR WORK PER20 FORMED BY CIVILIAN EMPLOYEES OF THE

21 DEPARTMENT OF DEFENSE.

22 (a) LIMITATION.—Section 2461(b) of title 10, United

23 States Code, is amended by adding at the end the fol24 lowing new paragraph:
†

276

S 2400 PP

1 ‘‘(5)(A) Notwithstanding subsection (d), a function

2 of the Department of Defense performed by 10 or more

3 civilian employees may not be converted, in whole or in

4 part, to performance by a contractor unless the conversion

5 is based on the results of a public-private competition

6 process that—

7 ‘‘(i) formally compares the cost of civilian em8 ployee performance of that function with the costs of

9 performance by a contractor;

10 ‘‘(ii) creates an agency tender, including a most

11 efficient organization plan, in accordance with Office

12 of Management and Budget Circular A–76, as im13 plemented on May 29, 2003;

14 ‘‘(iii) requires continued performance of the

15 function by civilian employees unless the competitive

16 sourcing official concerned determines that, over all

17 performance periods stated in the solicitation of of18 fers for performance of the activity or function, the

19 cost of performance of the activity or function by a

20 contractor would be less costly to the Department of

21 Defense by an amount that equals or exceeds the

22 lesser of $10,000,000 or 10 percent of the most effi23 cient organization’s personnel-related costs for per24 formance of that activity or function by Federal em25 ployees; and
†

277

S 2400 PP

1 ‘‘(iv) ensures that the public sector bid would

2 not be disadvantaged in the cost comparison process

3 by a proposal of an offeror to reduce costs for the

4 Department of Defense by not making an employer5 sponsored health insurance plan available to the

6 workers who are to be employed in the performance

7 of such function under a contract or by offering to

8 such workers an employer-sponsored health benefits

9 plan that requires the employer to contribute less to10 wards the premium or subscription share than that

11 which is paid by the Department of Defense for

12 health benefits for civilian employees under chapter

13 89 of title 5.

14 ‘‘(B) Any function that is performed by civilian em15 ployees of the Department of Defense and is proposed to

16 be reengineered, reorganized, modernized, upgraded, ex17 panded, or changed in order to become more efficient shall

18 not be considered a new requirement for the purpose of

19 the competition requirements in subparagraph (A) or the

20 requirements for public-private competition in Office of

21 Management and Budget Circular A–76.

22 ‘‘(C) A function performed by more than 10 Federal

23 Government employees may not be separated into separate

24 functions for the purposes of avoiding the competition re25 quirement in subparagraph (A) or the requirements for
†

278

S 2400 PP

1 public-private competition in Office of Management and

2 Budget Circular A–76.

3 ‘‘(D) The Secretary of Defense may waive the re4 quirement for a public-private competition under subpara5 graph (A) in specific instances if—

6 ‘‘(i) the written waiver is prepared by the Sec7 retary of Defense or the relevant Assistant Secretary

8 of Defense, Secretary of a military department, or

9 head of a Defense Agency;

10 ‘‘(ii) the written waiver is accompanied by a de11 tailed determination that national security interests

12 are so compelling as to preclude compliance with the

13 requirement for a public-private competition; and

14 ‘‘(iii) a copy of the waiver is published in the

15 Federal Register within 10 working days after the

16 date on which the waiver is granted, although use of

17 the waiver need not be delayed until its publica18 tion.’’.

19 (b) INAPPLICABILITY TO BEST-VALUE SOURCE SE20 LECTION PILOT PROGRAM.—(1) Paragraph (5) of section

21 2461(b) of title 10, United States Code, as added by sub22 section (a), shall not apply with respect to the pilot pro23 gram for best-value source selection for performance of in24 formation technology services authorized by section 336

25 of the National Defense Authorization Act for Fiscal Year
†

279

S 2400 PP

1 2004 (Public Law 108–136; 117 Stat. 1444; 10 U.S.C.

2 2461 note).

3 SEC. 852. PERFORMANCE OF CERTAIN WORK BY FEDERAL

4 GOVERNMENT EMPLOYEES.

5 (a) GUIDELINES.—(1) The Secretary of Defense shall

6 prescribe guidelines and procedures for ensuring that con7 sideration is given to using Federal Government employees

8 on a regular basis for work that is performed under De9 partment of Defense contracts and could be performed by

10 Federal Government employees.

11 (2) The guidelines and procedures prescribed under

12 paragraph (1) shall provide for special consideration to be

13 given to contracts that—

14 (A) have been performed by Federal Govern15 ment employees at any time on or after October 1,

16 1980;

17 (B) are associated with the performance of in18 herently governmental functions;

19 (C) were not awarded on a competitive basis; or

20 (D) have been determined by a contracting offi21 cer to be poorly performed due to excessive costs or

22 inferior quality.

23 (b) NEW REQUIREMENTS.—(1) No public-private

24 competition may be required under Office of Management

25 and Budget Circular A–76 or any other provision of law
†

280

S 2400 PP

1 or regulation before the performance of a new requirement

2 by Federal Government employees commences, the per3 formance by Federal Government employees of work pur4 suant to subsection (a) commences, or the scope of an ex5 isting activity performed by Federal Government employ6 ees is expanded. Office of Management and Budget Cir7 cular A–76 shall be revised to ensure that the heads of

8 all Federal agencies give fair consideration to the perform9 ance of new requirements by Federal Government employ10 ees.

11 (2) The Secretary of Defense shall, to the maximum

12 extent practicable, ensure that Federal Government em13 ployees are fairly considered for the performance of new

14 requirements, with special consideration given to new re15 quirements that include functions that—

16 (A) are similar to functions that have been per17 formed by Federal Government employees at any

18 time on or after October 1, 1980; or

19 (B) are associated with the performance of in20 herently governmental functions.

21 (c) USE OF FLEXIBLE HIRING AUTHORITY.—The

22 Secretary shall include the use of the flexible hiring au23 thority available through the National Security Personnel

24 System in order to facilitate performance by Federal Gov-
†

281

S 2400 PP

1 ernment employees of new requirements and work that is

2 performed under Department of Defense contracts.

3 (d) INSPECTOR GENERAL REPORT.—Not later than

4 180 days after the enactment of this Act, the Inspector

5 General of the Department of Defense shall submit to the

6 Committees on Armed Services of the Senate and the

7 House of Representatives a report on the compliance of

8 the Secretary of Defense with the requirements of this sec9 tion.

10 (e) DEFINITIONS.—In this section:

11 (1) The term ‘‘National Security Personnel Sys12 tem’’ means the human resources management sys13 tem established under the authority of section 9902

14 of title 5, United States Code.

15 (2) The term ‘‘inherently governmental func16 tion’’ has the meaning given that term in section 5

17 of the Federal Activities Inventory Reform Act of

18 1998 (Public Law 105–270; 112 Stat. 2384; 31

19 U.S.C. 501 note).

20 SEC. 853. COMPETITIVE SOURCING REPORTING REQUIRE21 MENT.

22 Not later than February 1, 2005, the Inspector Gen23 eral of the Department of Defense shall submit to Con24 gress a report addressing whether the Department of

25 Defense—
†

282

S 2400 PP

1 (1) employs a sufficient number of adequately

2 trained civilian employees—

3 (A) to conduct satisfactorily, taking into

4 account equity, efficiency and expeditiousness,

5 all of the public-private competitions that are

6 scheduled to be undertaken by the Department

7 of Defense during the next fiscal year (includ8 ing a sufficient number of employees to formu9 late satisfactorily the performance work state10 ments and most efficient organization plans for

11 the purposes of such competitions); and

12 (B) to administer any resulting contracts;

13 and

14 (2) has implemented a comprehensive and reli15 able system to track and assess the cost and quality

16 of the performance of functions of the Department

17 of Defense by service contractors.

18 Subtitle G—Other Matters

19 SEC. 861. INAPPLICABILITY OF CERTAIN FISCAL LAWS TO

20 SETTLEMENTS UNDER SPECIAL TEMPORARY

21 CONTRACT CLOSEOUT AUTHORITY.

22 Section 804(a) of the National Defense Authorization

23 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.

24 1541) is amended—
†

283

S 2400 PP

1 (1) by inserting ‘‘(1)’’ after ‘‘(a) AUTHOR2 ITY.—’’; and

3 (2) by adding at the end the following new

4 paragraph:

5 ‘‘(2) Under regulations which the Secretary of De6 fense may prescribe, a settlement of a financial account

7 for a contract for the procurement of property or services

8 under paragraph (1) may be made without regard to—

9 ‘‘(A) section 1301 of title 31, United States

10 Code; and

11 ‘‘(B) any other provision of law that would pre12 clude the Secretary from charging payments under

13 the contract—

14 ‘‘(i) to an unobligated balance in an appro15 priation available for funding that contract; or

16 ‘‘(ii) if and to the extent that the unobli17 gated balance (if any) in such appropriation is

18 insufficient for funding such payments, to any

19 current appropriation that is available to the

20 Department of Defense for funding contracts

21 for the procurement of the same or similar

22 property or services.’’.
†

284

S 2400 PP

1 SEC. 862. DEMONSTRATION PROGRAM ON EXPANDED USE

2 OF RESERVES TO PERFORM DEVELOP3 MENTAL TESTING, NEW EQUIPMENT TRAIN4 ING, AND RELATED ACTIVITIES.

5 (a) REQUIREMENT FOR PROGRAM.—The Secretary of

6 the Army shall carry out a demonstration program on use

7 of members of reserve components of the Armed Forces

8 to perform test, evaluation, and related activities for an

9 acquisition program. The Secretary shall design and carry

10 out the demonstration program to achieve the purposes

11 set forth in subsection (b).

12 (b) PURPOSES.—The purposes of the demonstration

13 program are as follows:

14 (1) To determine whether cost savings and

15 other benefits result from use of members of reserve

16 components of the Armed Forces instead of con17 tractor personnel to perform test and evaluation ac18 tivities for an acquisition program and related acqui19 sition, logistics, and new equipment training activi20 ties for the acquisition program.

21 (2) To evaluate the advisability of using appro22 priations available for multiyear research, develop23 ment, test, and evaluation and appropriations avail24 able for multiyear procurements to reimburse re25 serve components for the pay, allowances, and other
†

285

S 2400 PP

1 expenses paid to or for Reserves used for the acqui2 sition program as described in paragraph (1).

3 (c) REIMBURSEMENT OF PERSONNEL ACCOUNTS

4 OUT OF PROCUREMENT AND RDT&E ACCOUNTS.—(1)

5 The Secretary of the Army may transfer from funds avail6 able to the Army for an acquisition program to a reserve

7 component military personnel account the amount nec8 essary to reimburse that account for costs charged to that

9 account for military pay and allowances in connection with

10 the use of reserve component personnel for such acquisi11 tion program under this section.

12 (2) Not more than $10,000,000 may be transferred

13 under this subsection during any fiscal year of the dem14 onstration program.

15 (3) Funds transferred to an account under this sub16 section shall be merged with other sums in the account

17 and shall be available for the same period and purposes

18 as the sums with which merged.

19 (4) The transfer authority under this subsection is

20 in addition to any other transfer authority provided in this

21 or any other Act.

22 (d) NONWAIVER OF PERSONNEL AND TRAINING

23 POLICIES AND PROCEDURES.—Nothing in this section

24 may be construed to authorize any deviation from estab25 lished personnel or training policies or procedures that are
†

286

S 2400 PP

1 applicable to the reserve components of the personnel used

2 under the demonstration program.

3 (e) TERMINATION.—The demonstration program

4 under this section shall terminate on September 30, 2009.

5 SEC. 863. APPLICABILITY OF COMPETITION EXCEPTIONS

6 TO ELIGIBILITY OF NATIONAL GUARD FOR FI7 NANCIAL ASSISTANCE FOR PERFORMANCE

8 OF ADDITIONAL DUTIES.

9 Section 113(b)(1)(B) of title 32, United States Code,

10 is amended by inserting before the period at the end the

11 following: ‘‘, subject to the exceptions provided in section

12 2304(c) of title 10’’.

13 SEC. 864. MANAGEMENT PLAN FOR CONTRACTOR SECU14 RITY PERSONNEL.

15 (a) REQUIREMENT FOR PLAN.—Not later than 90

16 days after the date of the enactment of this Act, the Sec17 retary of Defense shall submit to the congressional defense

18 committees, the Select Committee on Intelligence of the

19 Senate, and the Permanent Select Committee on Intel20 ligence of the House of Representatives a plan for the

21 management and oversight of contractor security per22 sonnel by Federal Government personnel in areas where

23 the Armed Forces are engaged in military operations. In

24 the preparation of such plan, the Secretary shall coordi25 nate, as appropriate, with the heads of other departments
†

287

S 2400 PP

1 and agencies of the Federal Government that would be

2 affected by the implementation of the plan.

3 (b) POLICIES AND PROCEDURES.—The plan under

4 this section shall set forth policies and procedures applica5 ble to contractor security personnel in potentially haz6 ardous areas of military operations. The policies and pro7 cedures shall address the following matters:

8 (1) Warning contractor security personnel of

9 potentially hazardous situations.

10 (2) Coordinating the movement of contractor

11 security personnel, especially through areas of in12 creased risk or planned or ongoing military oper13 ations.

14 (3) Rapidly identifying contractor security per15 sonnel by members of the Armed Forces.

16 (4) Sharing relevant threat information with

17 contractor security personnel, and receiving informa18 tion gathered by contractor security personnel for

19 use by United States and coalition forces.

20 (5) Providing appropriate assistance to con21 tractor security personnel who become engaged in

22 hostile situations.

23 (6) Providing medical assistance for, and evacu24 ation of, contractor personnel who become casualties

25 as a result of enemy actions.
†

288

S 2400 PP

1 (7) Investigating background and qualifications

2 of contractor security personnel and organizations.

3 (8) Establishing rules of engagement for armed

4 contractor security personnel, and ensuring proper

5 training and compliance with the rules of engage6 ment.

7 (c) OPTIONS FOR ENHANCED AND COST-EFFECTIVE

8 CONTRACTOR SECURITY.—The plan under subsection (a)

9 shall include assessed options for enhancing contractor se10 curity and reducing contractor security costs in Iraq or

11 in locations of armed conflict in the future. The options

12 covered shall include the following:

13 (1) Temporary commissioning of contractor se14 curity personnel as reserve component officers in

15 order to subject such personnel to the military chain

16 of command.

17 (2) Requiring contractor security personnel to

18 obtain security clearances to facilitate the commu19 nication of critical threat information.

20 (3) Establishing a contract schedule for compa21 nies furnishing contractor security personnel to pro22 vide a more orderly process for the selection, train23 ing, and compensation of such personnel.
†

289

S 2400 PP

1 (4) Establishing a contract schedule for compa2 nies to provide more cost-effective insurance for con3 tractor security personnel.

4 (5) Providing for United States indemnification

5 of contractors to reduce the costs of insuring con6 tractor security personnel.

7 SEC. 865. REPORT ON CONTRACTOR PERFORMANCE OF SE8 CURITY, INTELLIGENCE, LAW ENFORCE9 MENT, AND CRIMINAL JUSTICE FUNCTIONS

10 IN IRAQ.

11 (a) REPORT REQUIRED.—Not later than 60 days

12 after the date of the enactment of this Act, the Secretary

13 of Defense shall submit to the congressional defense com14 mittees a report on the procurement of services, by an

15 agency of the United States Government or by the Coali16 tion Provisional Authority, for the performance of secu17 rity, intelligence, law enforcement, and criminal justice

18 functions in Iraq.

19 (b) CONTENT.—The report under subsection (a) shall

20 include, at a minimum, the following:

21 (1) Each security, intelligence, law enforcement,

22 or criminal justice function performed by a con23 tractor in Iraq.

24 (2) For each such function—
†

290

S 2400 PP

1 (A) a determination of whether such func2 tion is an inherently governmental function, to3 gether with a discussion of the factual basis

4 and rationale for that determination;

5 (B) an explanation of the basis for the de6 cision to rely on a contractor to perform such

7 function, including a discussion of the extent to

8 which the Armed Forces lacked the expertise or

9 manpower to perform that function using

10 Armed Forces personnel;

11 (C) a description of the chain of command

12 for the contractor performing such function, to13 gether with a discussion of the manner in which

14 the United States Government or the Coalition

15 Provisional Authority supervises and directs the

16 contractor’s performance of that function; and

17 (D) what sanctions are available to impose

18 on any contractor employee who—

19 (i) fails to comply with a requirement

20 of law or regulation that applies to such

21 employee in the performance of that func22 tion; or

23 (ii) engages in other misconduct in

24 the performance of that function.
†

291

S 2400 PP

1 (3) An explanation of the legal status of con2 tractor employees in the performance of such func3 tions after the administration of the sovereign pow4 ers of Iraq is transferred from the Coalition Provi5 sional Authority to a government of Iraq on June

6 30, 2004.

7 (c) COORDINATION.—In the preparation of the report

8 under this section, the Secretary of Defense shall coordi9 nate, as appropriate, with the heads of any departments

10 and agencies of the Federal Government that are involved

11 in the procurement of services for the performance of

12 functions described in subsection (a).

13 (d) ADDITIONAL CONGRESSIONAL RECIPIENTS.—In

14 addition to submitting the report under this section to the

15 congressional defense committees, the Secretary of De16 fense shall also submit the report to the Select Committee

17 on Intelligence of the Senate and the Permanent Select

18 Committee on Intelligence of the House of Representa19 tives.

20 SEC. 866. ACCREDITATION STUDY OF COMMERCIAL OFF21 THE-SHELF PROCESSES FOR EVALUATING IN22 FORMATION TECHNOLOGY PRODUCTS AND

23 SERVICES.

24 (a) REQUIREMENT FOR STUDY.—The Secretary of

25 Defense shall carry out a study of commercial off-the-shelf
†

292

S 2400 PP

1 processes that are available for measuring the quality of

2 information technology and related services through as3 sessment of the production methods of the producers of

4 the technology.

5 (b) PURPOSES.—The purposes of the study of com6 mercial off-the-shelf processes under subsection (a) are as

7 follows:

8 (1) To assess the value of such a process as a

9 consistent methodology for identifying high quality

10 information technology and the engineering sources

11 capable of providing high quality information tech12 nology and related services.

13 (2) To determine whether to accredit such a

14 process for use in procurements of information tech15 nology and related services throughout the Depart16 ment of Defense.

17 (c) SAVINGS AND ENHANCEMENTS.—In carrying out

18 the study under subsection (a), the Secretary shall deter19 mine the benefits that would result for the Department

20 of Defense from use throughout the Department of De21 fense of a commercial off-the-shelf process described in

22 that subsection to measure the quality of information tech23 nology products and services in procurements described in

24 subsection (b)(2), including—
†

293

S 2400 PP

1 (1) projected annual savings in costs of develop2 ment and maintenance of information technology;

3 and

4 (2) quantified enhancements of productivity,

5 schedule, performance, deficiency rates, and predict6 ability.

7 (d) BASELINE DATA.—To define a baseline for meas8 uring benefits under subsection (c), the Secretary shall use

9 empirical data that is readily available to the Department

10 of Defense and contractor sources.

11 (e) INFORMATION CONSIDERED.—The Secretary of

12 Defense may consider projections of savings and quan13 tifications of enhancements that are submitted by a con14 tractor.

15 (f) INFORMATION TECHNOLOGY DEFINED.—In this

16 section, the term ‘‘information technology’’ has the mean17 ing given such term in section 11101(6) of title 40, United

18 States Code.

19 SEC. 867. CONTRACTOR PERFORMANCE OF ACQUISITION

20 FUNCTIONS CLOSELY ASSOCIATED WITH IN21 HERENTLY GOVERNMENTAL FUNCTIONS.

22 (a) LIMITATION.—(1) Chapter 141 of title 10, United

23 States Code, is amended by inserting after section 2382

24 the following new section:
†

294

S 2400 PP

1 ‘‘§ 2383. Contractor performance of acquisition func2 tions closely associated with inherently

3 governmental functions

4 ‘‘(a) LIMITATION.—The head of an agency may enter

5 a contract for the performance of acquisition functions

6 closely associated with inherently governmental functions

7 only if the Secretary determines that—

8 ‘‘(1) appropriate military or civilian personnel

9 of the Department of Defense cannot reasonably be

10 made available to perform the functions;

11 ‘‘(2) appropriate military or civilian personnel

12 of the Department of Defense are—

13 ‘‘(A) to supervise contractor performance

14 of the contract; and

15 ‘‘(B) to perform all inherently govern16 mental functions associated with the functions

17 to be performed under the contract; and

18 ‘‘(3) the contractor does not have an organiza19 tional conflict of interest or the appearance of an or20 ganizational conflict of interest in the performance

21 of the functions under the contract.

22 ‘‘(b) DEFINITIONS.—In this section:

23 ‘‘(1) The term ‘head of an agency’ has the

24 meaning given such term in section 2302(1) of this

25 title, except that such term does not include the Sec26 retary of Homeland Security or the Administrator of
†

295

S 2400 PP

1 the National Oceanic and Atmospheric Administra2 tion.

3 ‘‘(2) The term ‘inherently governmental func4 tions’ has the meaning given such term in subpart

5 7.5 of part 7 of the Federal Acquisition Regulation.

6 ‘‘(3) The term ‘functions closely associated with

7 inherently governmental functions’ means the func8 tions described in section 7.503(d) of the Federal

9 Acquisition Regulation.

10 ‘‘(4) The term ‘organizational conflict of inter11 est’ has the meaning given such term in subpart 9.5

12 of part 9 of the Federal Acquisition Regulation.’’.

13 (2) The table of sections at the beginning of such

14 chapter is amended by inserting after the item relating

15 to section 2382 the following new item:

‘‘2383. Contractor performance of acquisition functions closely associated with

inherently governmental functions.’’.

16 (b) EFFECTIVE DATE AND APPLICABILITY.—Section

17 2383 of title 10, United States Code (as added by sub18 section (a)), shall take effect on the date of enactment

19 of this Act and shall apply to—

20 (1) contracts entered into on or after such date;

21 (2) any task or delivery order issued on or after

22 such date under a contract entered into before, on,

23 or after such date; and
†

296

S 2400 PP

1 (3) any decision on or after such date to exer2 cise an option or otherwise extend a contract for

3 program management or oversight of contracts for

4 the reconstruction of Iraq, regardless of whether

5 such program management or oversight contract was

6 entered into before, on, or after the date of enact7 ment of this Act.

8 SEC. 868. CONTRACTING WITH EMPLOYERS OF PERSONS

9 WITH DISABILITIES.

10 (a) INAPPLICABILITY OF RANDOLPH-SHEPPARD

11 ACT.—The Randolph-Sheppard Act does not apply to any

12 contract described in subsection (b) for so long as the con13 tract is in effect, including for any period for which the

14 contract is extended pursuant to an option provided in the

15 contract.

16 (b) JAVITS-WAGNER-O’DAY CONTRACTS.—Sub17 section (a) applies to any contract for the operation of a

18 military mess hall, military troop dining facility, or any

19 similar dining facility operated for the purpose of pro20 viding meals to members of the Armed Forces that—

21 (1) was entered into before the date of the en22 actment of this Act with a nonprofit agency for the

23 blind or an agency for other severely handicapped in

24 compliance with section 3 of the Javits-Wagner25 O’Day Act (41 U.S.C. 48); and
†

297

S 2400 PP

1 (2) either—

2 (A) is in effect on such date; or

3 (B) was in effect on the date of the enact4 ment of the National Defense Authorization Act

5 for Fiscal Year 2004 (Public Law 108–136).

6 (c) REPEAL OF SUPERSEDED LAW.—Section 852 of

7 the National Defense Authorization Act for Fiscal Year

8 2004 (Public Law 108–136; 117 Stat. 1556) is repealed.

9 SEC. 869. ENERGY SAVINGS PERFORMANCE CONTRACTS.

10 The Secretary of Defense shall, to the extent prac11 ticable, exercise existing statutory authority, including the

12 authority provided by section 2865 of title 10, United

13 States Code, and section 8256 of title 42, United States

14 Code, to introduce life-cycle cost-effective upgrades to

15 Federal assets through shared energy savings contracting,

16 demand management programs, and utility incentive pro17 grams.

18 SEC. 870. AVAILABILITY OF FEDERAL SUPPLY SCHEDULE

19 SUPPLIES AND SERVICES TO UNITED SERV20 ICE ORGANIZATIONS, INCORPORATED.

21 Section 220107 of title 36, United States Code, is

22 amended by inserting after ‘‘Department of Defense’’ the

23 following: ‘‘, including access to General Services Adminis24 tration supplies and services through the Federal Supply

25 Schedule of the General Services Administration,’’.
†

298

S 2400 PP

1 SEC. 871. ACQUISITION OF AERIAL REFUELING AIRCRAFT

2 FOR THE AIR FORCE.

3 (a) COMPLIANCE WITH APPLICABLE REQUIRE4 MENTS.—The Secretary of Defense shall ensure that the

5 Secretary of the Air Force does not proceed with the ac6 quisition of aerial refueling aircraft for the Air Force by

7 lease or other contract, either with full and open competi8 tion or under section 135 of the National Defense Author9 ization Act for Fiscal Year 2004 (Public Law 108–136;

10 117 Stat. 1413) until the date that is 60 days after the

11 date on which the Secretary Defense has—

12 (1) reviewed all documentation for the acquisi13 tion, including—

14 (A) the completed aerial refueling analysis

15 of alternatives (AOA) required by section

16 134(b) of the National Defense Authorization

17 Act for Fiscal Year 2004, pursuant to ‘‘Anal18 ysis of Alternatives (AoA) Guidance of KC–135

19 Recapitalization’’, dated February 24, 2004;

20 (B) the completed aerial refueling portion

21 of the Mobility Capabilities Study;

22 (C) a new validated capabilities document

23 in accordance with the applicable Chairman of

24 Joint Chiefs of Staff Instruction; and
†

299

S 2400 PP

1 (D) the approval of a Defense Acquisition

2 Board in accordance with Department of De3 fense regulations; and

4 (2) submitted to the congressional defense com5 mittees a determination in writing that the acquisi6 tion is in compliance with all currently applicable

7 laws, Office of Management and Budget circulars,

8 and regulations.

9 (b) INDEPENDENT REVIEW.—Not later than 45 days

10 after the Secretary of Defense makes the determination

11 described in paragraph (2) of subsection (a), the Comp12 troller General and the Inspector General of the Depart13 ment of Defense shall each review the documentation re14 ferred to in paragraph (1) of such subsection and submit

15 to the congressional defense committees a report on the

16 extent to which the acquisition is—

17 (1) in compliance with the requirements of this

18 section and all currently applicable laws, Office of

19 Management and Budget circulars, and regulations;

20 and

21 (2) consistent with the analysis of alternatives

22 referred to in subparagraph (A) of subsection (a)(1)

23 and the other documentation referred to in such

24 subsection.
†

300

S 2400 PP

1 (c) LIMITATION ON ACQUISITION BEYOND LOW2 RATE INITIAL PRODUCTION.—(1) The acquisition by lease

3 or other contract of any aerial refueling aircraft for the

4 Air Force beyond low-rate initial production shall be sub5 ject to, and for such acquisition the Secretary of the Air

6 Force shall comply with, the requirements of sections

7 2366 and 2399 of title 10, United States Code.

8 (2) For the purposes of this subsection, the term

9 ‘‘low-rate initial production’’, with respect to a lease, shall

10 have the same meaning as applies in the administration

11 of sections 2366 and 2399 of title 10, United States Code,

12 with regard to any other form of acquisition.

13 (d) SOURCE SELECTION FOR INTEGRATED SUPPORT

14 OF AERIAL REFUELING AIRCRAFT FLEET.—For the se15 lection of a provider of integrated support for the aerial

16 refueling aircraft fleet in any acquisition by lease or other

17 contract of aerial refueling aircraft for the Air Force, the

18 Secretary of the Air Force shall—

19 (1) before selecting the provider, perform all

20 analyses required by law of—

21 (A) the costs and benefits of—

22 (i) the alternative of using Federal

23 Government personnel to provide such sup24 port; and
†

301

S 2400 PP

1 (ii) the alternative of using contractor

2 personnel to provide such support;

3 (B) the core logistics requirements;

4 (C) use of performance-based logistics; and

5 (D) the length of contract period; and

6 (2) select the provider on the basis of fairly

7 conducted full and open competition (as defined in

8 section 4(6) of the Office of Federal Procurement

9 Policy Act (41 U.S.C. 403(6))).

10 (e) PRICE INFORMATION.—Before the Secretary of

11 the Air Force commits to acquiring by lease or other con12 tract any aerial refueling aircraft for the Air Force, the

13 Secretary shall require the manufacturer to provide, with

14 respect to commercial items covered by the lease or con15 tract, appropriate information on the prices at which the

16 same or similar items have previously been sold that is

17 adequate for evaluating the reasonableness of the price for

18 the items.

19 (f) AUDIT SERVICES.—The Secretary of the Air

20 Force shall contact the Office of the Inspector General for

21 the Department of Defense for review and approval of any

22 Air Force use of non-Federal audit services for any lease

23 or other contract for the acquisition of aerial refueling air24 craft.
†

302

S 2400 PP

1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND

3 MANAGEMENT

4 Subtitle A—Reserve Components

5 SEC. 901. MODIFICATION OF STATED PURPOSE OF THE RE6 SERVE COMPONENTS.

7 Section 10102 of title 10, United States Code, is

8 amended by striking ‘‘, during and after the period needed

9 to procure and train additional units and qualified persons

10 to achieve the planned mobilization,’’.

11 SEC. 902. COMMISSION ON THE NATIONAL GUARD AND RE12 SERVES.

13 (a) ESTABLISHMENT.—There is established a com14 mission to be known as the ‘‘Commission on the National

15 Guard and Reserves’’ (hereafter in this section referred

16 to as the ‘‘Commission’’).

17 (b) COMPOSITION.—(1) The Commission shall be

18 composed of 13 members appointed as follows:

19 (A) Three members appointed by the chairman

20 of the Committee on Armed Services of the Senate.

21 (B) Three members appointed by the chairman

22 of the Committee on Armed Services of the House

23 of Representatives.
†

303

S 2400 PP

1 (C) Two members appointed by the ranking mi2 nority member of the Committee on Armed Services

3 of the Senate.

4 (D) Two members appointed by the ranking mi5 nority member of the Committee on Armed Service

6 of the House of Representatives.

7 (E) Three members appointed by the Secretary

8 of Defense.

9 (2) The members of the Commission shall be ap10 pointed from among persons who have knowledge and ex11 pertise in the following areas:

12 (A) National security.

13 (B) Roles and missions of any of the Armed

14 Forces.

15 (C) The mission, operations, and organization

16 of the National Guard of the United States.

17 (D) The mission, operations, and organization

18 of the other reserve components of the Armed

19 Forces.

20 (E) Military readiness of the Armed Forces.

21 (F) Personnel pay and other forms of com22 pensation.

23 (G) Other personnel benefits, including health

24 care.
†

304

S 2400 PP

1 (3) Members of the Commission shall be appointed

2 for the life of the Commission. A vacancy in the member3 ship of the Commission shall not affect the powers of the

4 Commission, but shall be filled in the same manner as the

5 original appointment.

6 (4) The Secretary of Defense shall designate a mem7 ber of the Commission to be chairman of the Commission.

8 (c) DUTIES.—(1) The Commission shall carry out a

9 study of the following matters:

10 (A) The roles and missions of the National

11 Guard and the other reserve components of the

12 Armed Forces.

13 (B) The compensation and other benefits, in14 cluding health care benefits, that are provided for

15 members of the reserve components under the laws

16 of the United States.

17 (2) In carrying out the study under paragraph (1),

18 the Commission shall—

19 (A) assess the current roles and missions of the

20 reserve components and identify appropriate poten21 tial future roles and missions for the reserve compo22 nents;

23 (B) assess the capabilities of the reserve compo24 nents and determine how the units and personnel of

25 the reserve components may be best used to support
†

305

S 2400 PP

1 the military operations of the Armed Forces and the

2 achievement of national security objectives, including

3 homeland defense, of the United States;

4 (C) assess—

5 (i) the current organization and structure

6 of the National Guard and the other reserve

7 components; and

8 (ii) the plans of the Department of De9 fense and the Armed Forces for future organi10 zation and structure of the National Guard and

11 the other reserve components;

12 (D) assess the manner in which the National

13 Guard and the other reserve components are cur14 rently organized and funded for training and iden15 tify an organizational and funding structure for

16 training that best supports the achievement of train17 ing objectives and operational readiness;

18 (E) assess the effectiveness of the policies and

19 programs of the National Guard and the other re20 serve components for achieving operational readiness

21 and personnel readiness, including medical and per22 sonal readiness;

23 (F) assess—

24 (i) the adequacy and appropriateness of

25 the compensation and benefits currently pro-
†

306

S 2400 PP

1 vided for the members of the National Guard

2 and the other reserve components, including the

3 availability of health care benefits and health

4 insurance; and

5 (ii) the effects of proposed changes in com6 pensation and benefits on military careers in

7 both the regular and the reserve components of

8 the Armed Forces;

9 (G) identify various feasible options for improv10 ing the compensation and other benefits available to

11 the members of the National Guard and the mem12 bers of the other reserve components and assess—

13 (i) the cost-effectiveness of such options;

14 and

15 (ii) the foreseeable effects of such options

16 on readiness, recruitment, and retention of per17 sonnel for careers in the regular and reserve

18 components the Armed Forces;

19 (H) assess the traditional military career paths

20 for members of the National Guard and the other

21 reserve components and identify alternative career

22 paths that could enhance professional development;

23 and

24 (I) assess the adequacy of the funding provided

25 for the National Guard and the other reserve compo-
†

307

S 2400 PP

1 nents for several previous fiscal years, including the

2 funding provided for National Guard and reserve

3 component equipment and the funding provided for

4 National Guard and other reserve component per5 sonnel in active duty military personnel accounts

6 and reserve military personnel accounts.

7 (d) FIRST MEETING.—The Commission shall hold its

8 first meeting not later than 30 days after the date on

9 which all members of the Commission have been ap10 pointed.

11 (e) ADMINISTRATIVE AND PROCEDURAL AUTHORI12 TIES.—(1) Except as provided in paragraph (2), sections

13 955, 956, 957, 958, and 959 of the National Defense Au14 thorization Act for Fiscal Year 1994 (Public Law 103–

15 160; 107 Stat. 1740; 10 U.S.C 111 note) shall apply to

16 the Commission.

17 (2)(A) The daily rate of pay payable under section

18 957(a) of Public Law 103–160 shall be equal to the daily

19 rate of basic pay prescribed for level IV of the Executive

20 Schedule.

21 (B) Section 957(f) of Public Law 103–160 (relating

22 to services of federally funded research and development

23 centers) shall not apply to the Commission.

24 (3) The following provisions of law do not apply to

25 the Commission:
†

308

S 2400 PP

1 (A) Section 3161 of title 5, United States Code.

2 (B) The Federal Advisory Committee Act (5

3 U.S.C. App.).

4 (f) REPORTS.—(1) Not later than March 31, 2005,

5 the Commission shall submit to the Committees on Armed

6 Services of the Senate and the House of Representatives

7 a report setting forth—

8 (A) a strategic plan for the work of the Com9 mission;

10 (B) a discussion of the activities of the Com11 mission; and

12 (C) any initial findings of the Commission.

13 (2) Not later than December 31, 2005, the Commis14 sion shall submit a final report to the Committees of Con15 gress referred to in paragraph (1). The final report shall

16 include any recommendations that the Commission deter17 mines appropriate, including any recommended legislation,

18 policies, regulations, directives, and practices.

19 (g) TERMINATION.—The Commission shall terminate

20 90 days after the date on which the final report is sub21 mitted under subsection (f)(2).

22 (h) ANNUAL REVIEW BOARD.—(1)(A) Chapter 7 of

23 title 10, United States Code, is amended by adding at the

24 end the following new section:
†

309

S 2400 PP

1 ‘‘§ 186. Reserve components: annual review

2 ‘‘(a) INDEPENDENT REVIEW BOARD.—The Secretary

3 of Defense shall appoint a board to review the reserve

4 components of the armed forces.

5 ‘‘(b) COMPOSITION OF BOARD.—(1) The Secretary

6 shall appoint the members of the board from among per7 sons who have knowledge and expertise in the following

8 areas:

9 ‘‘(A) National security.

10 ‘‘(B) Roles and missions of any of the armed

11 forces.

12 ‘‘(C) The mission, operations, and organization

13 of any of the reserve components.

14 ‘‘(D) Military readiness of the armed forces.

15 ‘‘(E) Personnel pay and other forms of com16 pensation.

17 ‘‘(F) Other personnel benefits, including health

18 care.

19 ‘‘(2) The Secretary of Defense shall designate a mem20 ber of the board to be chairman of the board.

21 ‘‘(c) DUTIES.—The board shall, on an annual basis—

22 ‘‘(1) review—

23 ‘‘(A) the roles and missions of the reserve

24 components; and

25 ‘‘(B) the compensation and other benefits,

26 including health care benefits, that are provided
†

310

S 2400 PP

1 for members of the reserve components under

2 the laws of the United States; and

3 ‘‘(2) submit to the Secretary of Defense a re4 port on the review, which shall include the findings

5 of the board regarding the matters reviewed and any

6 recommendations that the board considers appro7 priate regarding those matters.

8 ‘‘(d) REPORT TO CONGRESS.—Promptly after receiv9 ing the report under subsection (c)(2), the Secretary shall

10 transmit the report, together with any comments and rec11 ommendations that the Secretary considers appropriate,

12 to the Committee on Armed Services of the Senate and

13 the Committee on Armed Services of the House of Rep14 resentatives.

15 ‘‘(e) ADMINISTRATIVE PROVISIONS.—Section 180(d)

16 of this title shall apply to the members of the review board

17 appointed under this section.’’.

18 (B) The table of sections at the beginning of such

19 chapter is amended by adding at the end the following

20 new item:

‘‘186. Reserve components: annual review.’’.

21 (2) The first review board under section 186 of title

22 10, United States Code (as added by paragraph (1)), shall

23 be appointed during fiscal year 2006.
†

311

S 2400 PP

1 SEC. 903. CHAIN OF SUCCESSION FOR THE CHIEF OF THE

2 NATIONAL GUARD BUREAU.

3 (a) SENIOR OFFICER.—(1) Section 10502 of title 10,

4 United States Code, is amended by adding at the end the

5 following new subsection:

6 ‘‘(e) SUCCESSION.—Unless otherwise directed by the

7 President or the Secretary of Defense, the most senior of8 ficer among the officers of the Army National Guard of

9 the United States and the officers of the Air National

10 Guard of the United States performing the duties of posi11 tions in the National Guard Bureau shall act as the Chief

12 of the National Guard Bureau during any period that—

13 ‘‘(1) there is a vacancy in the position of Chief

14 of the National Guard Bureau; or

15 ‘‘(2) the Chief is unable to perform the duties

16 of that position.’’.

17 (2)(A) The heading of such section is amended by

18 adding at the end the following: ‘‘; succession’’.

19 (B) The item relating to such section in the table of

20 sections at the beginning of chapter 1011 of such title is

21 amended to read as follows:

‘‘10502. Chief of the National Guard Bureau: appointment; adviser on National

Guard matters; grade; succession.’’.

22 (b) CONFORMING AMENDMENT.—Section 10505 of

23 such title is amended by striking subsections (d) and (e).
†

312

S 2400 PP

1 SEC. 904. REDESIGNATION OF VICE CHIEF OF THE NA2 TIONAL GUARD BUREAU AS DIRECTOR OF

3 THE JOINT STAFF OF THE NATIONAL GUARD

4 BUREAU.

5 (a) REDESIGNATION OF POSITION.—Subsection

6 (a)(1) of section 10505 of title 10, United States Code,

7 is amended by striking ‘‘Vice Chief of the National Guard

8 Bureau’’ and inserting ‘‘Director of the Joint Staff of the

9 National Guard Bureau’’.

10 (b) CONFORMING AMENDMENTS.—(1) Subsections

11 (a)(3)(A), (a)(3)(B), (b), (c), and (d) of section 10505 of

12 title 10, United States Code, are amended by striking

13 ‘‘Vice Chief of the National Guard Bureau’’ and inserting

14 ‘‘Director of the Joint Staff of the National Guard Bu15 reau’’.

16 (2) Subsection (a)(3)(B) of such section, as amended

17 by paragraph (1), is further amended by striking ‘‘as the

18 Vice Chief’’ and inserting ‘‘as the Director’’.

19 (3) Paragraphs (2) and (4) of subsection (a) of such

20 section are amended by striking ‘‘Chief and Vice Chief of

21 the National Guard Bureau’’ and inserting ‘‘Chief of the

22 National Guard Bureau and the Director of the Joint

23 Staff of the National Guard Bureau’’.

24 (4)(A) Subsection (e) of such section is amended—

25 (i) by striking ‘‘Chief and Vice Chief of the Na26 tional Guard Bureau or in the absence or disability
†

313

S 2400 PP

1 of both the Chief and Vice Chief of the National

2 Guard Bureau’’ and inserting ‘‘Chief of the National

3 Guard Bureau and the Director of the Joint Staff

4 of the National Guard Bureau or in the absence or

5 disability of both the Chief and the Director’’; and

6 (ii) by striking ‘‘Chief or Vice Chief’’ both

7 places it appears and inserting ‘‘Chief or Director’’.

8 (B) The heading for such subsection is amended by

9 striking ‘‘VICE CHIEF.—’’ and inserting ‘‘DIRECTOR OF

10 THE JOINT STAFF.—’’.

11 (5) Section 10506(a)(1) of title 10, United States

12 Code, is amended by striking ‘‘Chief and Vice Chief of

13 the National Guard Bureau’’ and inserting ‘‘Chief of the

14 National Guard Bureau and the Director of the Joint

15 Staff of the National Guard Bureau’’.

16 (c) CLERICAL AMENDMENTS.—(1) The heading for

17 section 10505 of title 10, United States Code, is amended

18 to read as follows:

19 ‘‘§ 10505. Director of the Joint Staff of the National

20 Guard Bureau’’.

21 (2) The item relating to such section in the table of

22 sections at the beginning of chapter 1011 of such title is

23 amended to read as follows:

‘‘10505. Director of the Joint Staff of the National Guard Bureau.’’.

24 (d) OTHER REFERENCES.—Any reference that is

25 made in any law, regulation, document, paper, or other
†

314

S 2400 PP

1 record of the United States to the Vice Chief of the Na2 tional Guard Bureau shall be deemed to be a reference

3 to the Director of the Joint Staff of the National Guard

4 Bureau.

5 SEC. 905. AUTHORITY TO REDESIGNATE THE NAVAL RE6 SERVE.

7 (a) AUTHORITY OF SECRETARY OF THE NAVY.—The

8 Secretary of the Navy may, with the approval of the Presi9 dent, redesignate the Naval Reserve as the ‘‘Navy Re10 serve’’ effective on the date that is 180 days after the date

11 on which the Secretary submits recommended legislation

12 under subsection (b).

13 (b) RECOMMENDED LEGISLATION.—If the Secretary

14 of the Navy exercises the authority to redesignate the

15 Naval Reserve under subsection (a), the Secretary shall

16 submit to the Committee on Armed Services of the Senate

17 and the Committee on Armed Services of the House of

18 Representatives recommended legislation that identifies

19 each specific provision of law that refers to the Naval Re20 serve and sets forth an amendment to that specific provi21 sion of law to conform the reference to the new designa22 tion.

23 (c) EFFECT OF REDESIGNATION.—On and after the

24 effective date of a redesignation of the Naval Reserve

25 under subsection (a), any reference in any law, map, regu-
†

315

S 2400 PP

1 lation, document, paper, or other record of the United

2 States to the Naval Reserve shall be deemed to be a ref3 erence to the Navy Reserve.

4 SEC. 906. HOMELAND SECURITY ACTIVITIES OF THE NA5 TIONAL GUARD.

6 (a) AUTHORITY.—Chapter 1 of title 32, United

7 States Code, is amended by adding at the end the fol8 lowing new section:

9 ‘‘§ 116. Homeland security activities

10 ‘‘(a) USE OF PERSONNEL PERFORMING FULL-TIME

11 NATIONAL GUARD DUTY.—The Governor of a State may,

12 upon the request by the head of a Federal agency and

13 with the concurrence of the Secretary of Defense, order

14 any personnel of the National Guard of the State to per15 form full-time National Guard duty under section 502(f)

16 of this title for the purpose of carrying out homeland secu17 rity activities, as described in subsection (b).

18 ‘‘(b) PURPOSE AND DURATION.—(1) The purpose for

19 the use of personnel of the National Guard of a State

20 under this section is to temporarily provide trained and

21 disciplined personnel to a Federal agency to assist that

22 agency in carrying out homeland security activities.

23 ‘‘(2) The duration of the use of the National Guard

24 of a State under this section shall be limited to a period

25 of 180 days. The Governor of the State may, with the con-
†

316

S 2400 PP

1 currence of the Secretary of Defense, extend the period

2 one time for an additional 90 days to meet extraordinary

3 circumstances.

4 ‘‘(c) RELATIONSHIP TO REQUIRED TRAINING.— A

5 member of the National Guard serving on full-time Na6 tional Guard duty under orders authorized under sub7 section (a) shall participate in the training required under

8 section 502(a) of this title in addition to the duty per9 formed for the purpose authorized under that subsection.

10 The pay, allowances, and other benefits of the member

11 while participating in the training shall be the same as

12 those to which the member is entitled while performing

13 duty for the purpose of carrying out homeland security

14 activities. The member is not entitled to additional pay,

15 allowances, or other benefits for participation in training

16 required under section 502(a)(1) of this title.

17 ‘‘(d) READINESS.—To ensure that the use of units

18 and personnel of the National Guard of a State for home19 land security activities does not degrade the training and

20 readiness of such units and personnel, the following re21 quirements shall apply in determining the homeland secu22 rity activities that units and personnel of the National

23 Guard of a State may perform:

24 ‘‘(1) The performance of the activities may not

25 adversely affect the quality of that training or other-
†

317

S 2400 PP

1 wise interfere with the ability of a member or unit

2 of the National Guard to perform the military func3 tions of the member or unit.

4 ‘‘(2) National Guard personnel will not degrade

5 their military skills as a result of performing the ac6 tivities.

7 ‘‘(3) The performance of the activities will not

8 result in a significant increase in the cost of train9 ing.

10 ‘‘(4) In the case of homeland security per11 formed by a unit organized to serve as a unit, the

12 activities will support valid unit training require13 ments.

14 ‘‘(e) PAYMENT OF COSTS.—(1) The Secretary of De15 fense shall provide funds to the Governor of a State to

16 pay costs of the use of personnel of the National Guard

17 of the State for the performance of homeland security ac18 tivities under this section. Such funds shall be used for

19 the following costs:

20 ‘‘(A) The pay, allowances, clothing, subsistence,

21 gratuities, travel, and related expenses (including all

22 associated training expenses, as determined by the

23 Secretary), as authorized by State law, of personnel

24 of the National Guard of that State used, while not
†

318

S 2400 PP

1 in Federal service, for the purpose of homeland secu2 rity activities.

3 ‘‘(B) The operation and maintenance of the

4 equipment and facilities of the National Guard of

5 that State used for the purpose of homeland security

6 activities.

7 ‘‘(2) The Secretary of Defense shall require the head

8 of an agency receiving support from the National Guard

9 of a State in the performance of homeland security activi10 ties under this section to reimburse the Department of De11 fense for the payments made to the State for such support

12 under paragraph (1).

13 ‘‘(f) MEMORANDUM OF AGREEMENT.—The Secretary

14 of Defense and the Governor of a State shall enter into

15 a memorandum of agreement with the head of each Fed16 eral agency to which the personnel of the National Guard

17 of that State are to provide support in the performance

18 of homeland security activities under this section. The

19 memorandum of agreement shall—

20 ‘‘(1) specify how personnel of the National

21 Guard are to be used in homeland security activities;

22 ‘‘(2) include a certification by the Adjutant

23 General of the State that those activities are to be

24 performed at a time when the personnel are not in

25 Federal service;
†

319

S 2400 PP

1 ‘‘(3) include a certification by the Adjutant

2 General of the State that—

3 ‘‘(A) participation by National Guard per4 sonnel in those activities is service in addition

5 to training required under section 502 of this

6 title; and

7 ‘‘(B) the requirements of subsection (d) of

8 this section will be satisfied;

9 ‘‘(4) include a certification by the Attorney

10 General of the State (or, in the case of a State with

11 no position of Attorney General, a civilian official of

12 the State equivalent to a State attorney general),

13 that the use of the National Guard of the State for

14 the activities provided for under the memorandum of

15 agreement is authorized by, and is consistent with,

16 State law;

17 ‘‘(5) include a certification by the Governor of

18 the State or a civilian official of the State designated

19 by the Governor that the activities provided for

20 under the memorandum of agreement serve a State

21 security purpose; and

22 ‘‘(6) include a certification by the head of the

23 Federal agency that the agency will have a plan to

24 ensure that the agency’s requirement for National
†

320

S 2400 PP

1 Guard support ends not later than 179 days after

2 the commencement of the support.

3 ‘‘(g) EXCLUSION FROM END-STRENGTH COMPUTA4 TION.—Notwithstanding any other provision of law, mem5 bers of the National Guard on active duty or full-time Na6 tional Guard duty for the purposes of administering (or

7 during fiscal year 2003 otherwise implementing) this sec8 tion shall not be counted toward the annual end strength

9 authorized for Reserves on active duty in support of the

10 reserve components of the armed forces or toward the

11 strengths authorized in sections 12011 and 12012 of title

12 10.

13 ‘‘(h) ANNUAL REPORT.—The Secretary of Defense

14 shall submit to Congress an annual report regarding any

15 assistance provided and activities carried out under this

16 section during the preceding fiscal year. The report shall

17 include the following:

18 ‘‘(1) The number of members of the National

19 Guard excluded under subsection (g) from the com20 putation of end strengths.

21 ‘‘(2) A description of the homeland security ac22 tivities conducted with funds provided under this

23 section.

24 ‘‘(3) An accounting of the amount of funds pro25 vided to each State.
†

321

S 2400 PP

1 ‘‘(4) A description of the effect on military

2 training and readiness of using units and personnel

3 of the National Guard to perform homeland security

4 activities under this section.

5 ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in this

6 section shall be construed as a limitation on the authority

7 of any unit of the National Guard of a State, when such

8 unit is not in Federal service, to perform functions author9 ized to be performed by the National Guard by the laws

10 of the State concerned.

11 ‘‘(j) DEFINITIONS.—For purposes of this section:

12 ‘‘(1) The term ‘Governor of a State’ means, in

13 the case of the District of Columbia, the Com14 manding General of the National Guard of the Dis15 trict of Columbia.

16 ‘‘(2) The term ‘State’ means each of the several

17 States, the District of Columbia, the Commonwealth

18 of Puerto Rico, or a territory or possession of the

19 United States.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of such section is amended by adding at

22 the end the following new item:

‘‘116. Homeland security activities.’’.
†

322

S 2400 PP

1 Subtitle B—Other Matters

2 SEC. 911. STUDY OF ROLES AND AUTHORITIES OF THE DI3 RECTOR OF DEFENSE RESEARCH AND ENGI4 NEERING.

5 (a) STUDY REQUIRED.—The Secretary of Defense

6 shall carry out a study of the roles and authorities of the

7 Director of Defense Research and Engineering.

8 (b) CONTENT OF STUDY.—The study under this sec9 tion shall include the following:

10 (1) An examination of the past and current

11 roles and authorities of the Director of Defense Re12 search and Engineering.

13 (2) An analysis to determine appropriate future

14 roles and authorities for the Director, including an

15 analysis of the following matters:

16 (A) The relationship of the Director to

17 other senior science and technology and acquisi18 tion officials of the military departments and

19 the Defense Agencies

20 (B) The relationship of the Director to the

21 performance of the following functions:

22 (i) The planning, programming, and

23 budgeting of the science and technology

24 programs of the Department of Defense,
†

323

S 2400 PP

1 including those of the military departments

2 and the Defense Agencies.

3 (ii) The management of Department

4 of Defense laboratories and technical cen5 ters, including the management of the

6 Federal Government scientific and tech7 nical workforce for such laboratories and

8 centers.

9 (iii) The promotion of the rapid tran10 sition of technologies to acquisition pro11 grams within the Department of Defense.

12 (iv) The promotion of the transfer of

13 technologies into and from the commercial

14 sector.

15 (v) The coordination of Department of

16 Defense science and technology activities

17 with organizations outside the Department

18 of Defense, including other Federal Gov19 ernment agencies, international research

20 organizations, industry, and academia.

21 (vi) The technical review of Depart22 ment of Defense acquisition programs and

23 policies.
†

324

S 2400 PP

1 (vii) The training and educational ac2 tivities for the national scientific and tech3 nical workforce.

4 (viii) The development of science and

5 technology policies and programs relating

6 to the maintenance of the national tech7 nology and industrial base.

8 (3) An examination of the duties of the Direc9 tor as the Chief Technology Officer of the Depart10 ment of Defense, especially in comparison to the du11 ties of similar positions in the Federal Government

12 and industry.

13 (4) An examination of any other matters that

14 the Secretary considers appropriate for the study.

15 (c) REPORT.—(1) Not later than February 1, 2006,

16 the Secretary shall submit a report on the results of the

17 study under this section to the congressional defense com18 mittees.

19 (2) The report shall include recommendations regard20 ing the appropriate roles, authorities, and resources that

21 should be assigned to the Director of Defense Research

22 and Engineering in order to enable the Director to serve

23 effectively as the Chief Technology Officer of the Depart24 ment of Defense and to support the transformation of the

25 Armed Forces.
†

325

S 2400 PP

1 (d) ROLE OF DEFENSE SCIENCE BOARD IN STUDY

2 AND REPORT.—The Secretary shall act through the De3 fense Science Board in carrying out the study under this

4 section and preparing the report under subsection (c).

5 SEC. 912. DIRECTORS OF SMALL BUSINESS PROGRAMS.

6 (a) REDESIGNATION OF EXISTING POSITIONS AND

7 OFFICES.—(1) Each of the following positions within the

8 Department of Defense is redesignated as the Director of

9 Small Business Programs:

10 (A) The Director of Small and Disadvantaged

11 Business Utilization of the Department of Defense.

12 (B) The Director of Small and Disadvantaged

13 Business Utilization of the Department of the Army.

14 (C) The Director of Small and Disadvantaged

15 Business Utilization of the Department of the Navy.

16 (D) The Director of Small and Disadvantaged

17 Business Utilization of the Department of the Air

18 Force.

19 (2) Each of the following offices within the Depart20 ment of Defense is redesignated as the Office of Small

21 Business Programs:

22 (A) The Office of Small and Disadvantaged

23 Business Utilization of the Department of Defense.

24 (B) The Office of Small and Disadvantaged

25 Business Utilization of the Department of the Army.
†

326

S 2400 PP

1 (C) The Office of Small and Disadvantaged

2 Business Utilization of the Department of the Navy.

3 (D) The Office of Small and Disadvantaged

4 Business Utilization of the Department of the Air

5 Force.

6 (3) Any reference that is made in any law, regulation,

7 document, paper, or other record of the United States to

8 a position or office redesignated by paragraph (1) or (2)

9 shall be deemed to be a reference to the position or office

10 as so redesignated.

11 (b) DEPARTMENT OF DEFENSE POSITION AND OF12 FICE.—(1) Chapter 4 of title 10, United States Code, is

13 amended by inserting after section 133b the following new

14 section:

15 ‘‘§ 133c. Director of Small Business Programs

16 ‘‘(a) DIRECTOR.—There is a Director of Small Busi17 ness Programs in the Department of Defense. The Direc18 tor is appointed by the Secretary of Defense.

19 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

20 Office of Small Business Programs of the Department of

21 Defense is the office that is established within the Office

22 of the Secretary of Defense under section 15(k) of the

23 Small Business Act (15 U.S.C. 644(k)). The Director of

24 Small Business Programs is the head of such office.
†

327

S 2400 PP

1 ‘‘(c) DUTIES AND POWERS.—(1) The Director of

2 Small Business Programs shall, subject to paragraph (2),

3 perform such duties regarding small business programs of

4 the Department of Defense, and shall exercise such powers

5 regarding those programs, as the Secretary of Defense

6 may prescribe.

7 ‘‘(2) Section 15(k) of the Small Business Act (15

8 U.S.C. 644(k)), except for the designations of the Director

9 and the Office, applies to the Director of Small Business

10 Programs.’’.

11 (2) The table of sections at the beginning of such

12 chapter is amended by inserting after the item relating

13 to section 133b the following new item:

‘‘133c. Director of Small Business Programs.’’.

14 (c) DEPARTMENT OF THE ARMY POSITION AND OF15 FICE.—(1) Chapter 303 of title 10, United States Code,

16 is amended by adding at the end the following new section:

17 ‘‘§ 3024. Director of Small Business Programs

18 ‘‘(a) DIRECTOR.—There is a Director of Small Busi19 ness Programs in the Department of the Army. The Direc20 tor is appointed by the Secretary of the Army.

21 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

22 Office of Small Business Programs of the Department of

23 the Army is the office that is established within the De24 partment of the Army under section 15(k) of the Small
†

328

S 2400 PP

1 Business Act (15 U.S.C. 644(k)). The Director of Small

2 Business Programs is the head of such office.

3 ‘‘(c) DUTIES AND POWERS.—(1) The Director of

4 Small Business Programs shall, subject to paragraph (2),

5 perform such duties regarding small business programs of

6 the Department of the Army, and shall exercise such pow7 ers regarding those programs, as the Secretary of the

8 Army may prescribe.

9 ‘‘(2) Section 15(k) of the Small Business Act (15

10 U.S.C. 644(k)), except for the designations of the Director

11 and the Office, applies to the Director of Small Business

12 Programs.’’.

13 (2) The table of sections at the beginning of such

14 chapter is amended by adding at the end the following

15 new item:

‘‘3024. Director of Small Business Programs.’’.

16 (d) DEPARTMENT OF THE NAVY POSITION AND OF17 FICE.—(1) Chapter 503 of title 10, United States Code,

18 is amended by adding at the end the following new section:

19 ‘‘§ 5028. Director of Small Business Programs

20 ‘‘(a) DIRECTOR.—There is a Director of Small Busi21 ness Programs in the Department of the Navy. The Direc22 tor is appointed by the Secretary of the Navy.

23 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

24 Office of Small Business Programs of the Department of

25 the Navy is the office that is established within the De-
†

329

S 2400 PP

1 partment of the Navy under section 15(k) of the Small

2 Business Act (15 U.S.C. 644(k)). The Director of Small

3 Business Programs is the head of such office.

4 ‘‘(c) DUTIES AND POWERS.—(1) The Director of

5 Small Business Programs shall, subject to paragraph (2),

6 perform such duties regarding small business programs of

7 the Department of the Navy, and shall exercise such pow8 ers regarding those programs, as the Secretary of the

9 Navy may prescribe.

10 ‘‘(2) Section 15(k) of the Small Business Act (15

11 U.S.C. 644(k)), except for the designations of the Director

12 and the Office, applies to the Director of Small Business

13 Programs.’’.

14 (2) The table of sections at the beginning of such

15 chapter is amended by adding at the end the following

16 new item:

‘‘5028. Director of Small Business Programs.’’.

17 (d) DEPARTMENT OF THE AIR FORCE POSITION AND

18 OFFICE.—(1) Chapter 803 of title 10, United States

19 Code, is amended by adding at the end the following new

20 section:

21 ‘‘§ 8024. Director of Small Business Programs

22 ‘‘(a) DIRECTOR.—There is a Director of Small Busi23 ness Programs in the Department of the Air Force. The

24 Director is appointed by the Secretary of the Air Force.
†

330

S 2400 PP

1 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

2 Office of Small Business Programs of the Department of

3 the Air Force is the office that is established within the

4 Department of the Air Force under section 15(k) of the

5 Small Business Act (15 U.S.C. 644(k)). The Director of

6 Small Business Programs is the head of such office.

7 ‘‘(c) DUTIES AND POWERS.—(1) The Director of

8 Small Business Programs shall, subject to paragraph (2),

9 perform such duties regarding small business programs of

10 the Department of the Air Force, and shall exercise such

11 powers regarding those programs, as the Secretary of the

12 Air Force may prescribe.

13 ‘‘(2) Section 15(k) of the Small Business Act (15

14 U.S.C. 644(k)), except for the designations of the Director

15 and the Office, applies to the Director of Small Business

16 Programs.’’.

17 (2) The table of sections at the beginning of such

18 chapter is amended by adding at the end the following

19 new item:

‘‘8024. Director of Small Business Programs.’’.

20 SEC. 913. LEADERSHIP POSITIONS FOR THE NAVAL POST21 GRADUATE SCHOOL.

22 (a) DESIGNATION OF PRESIDENT.—(1) The position

23 of Superintendent of the Naval Postgraduate School is re24 designated as President of the Naval Postgraduate School.
†

331

S 2400 PP

1 (2) Any reference to the Superintendent of the Naval

2 Postgraduate School in any law, rule, regulation, docu3 ment, record, or other paper of the United States shall

4 be deemed to be a reference to the President of the Naval

5 Postgraduate School.

6 (3) Sections 7042, 7044, 7048(a), and 7049(e) of

7 title 10, United States Code, are amended by striking

8 ‘‘Superintendent’’ each place it appears and inserting

9 ‘‘President’’.

10 (4) The heading of section 7042 of such title is

11 amended by striking ‘‘Superintendent;’’ in the section

12 heading and inserting ‘‘President;’’.

13 (b) PROVOST AND ACADEMIC DEAN.—(1) The posi14 tion of Academic Dean of the Naval Postgraduate School

15 is redesignated as Provost and Academic Dean of the

16 Naval Postgraduate School.

17 (2) Any reference to the Academic Dean of the Naval

18 Postgraduate School in any law, rule, regulation, docu19 ment, record, or other paper of the United States shall

20 be deemed to be a reference to the Provost and Academic

21 Dean of the Naval Postgraduate School.

22 (3)(A) Subsection (a) of section 7043 of title 10,

23 United States Code, is amended to read as follows:

24 ‘‘(a) There is at the Naval Postgraduate School the

25 single civilian position of Provost and Academic Dean. The
†

332

S 2400 PP

1 Provost and Academic Dean shall be appointed, to serve

2 for periods of not more than five years, by the Secretary

3 of the Navy. Before making an appointment to the posi4 tion of Provost and Academic Dean, the Secretary shall

5 consult with the Board of Advisors for the Naval Post6 graduate School and consider any recommendation of the

7 leadership and faculty of the Naval Postgraduate School

8 regarding an appointment to the position.’’.

9 (B) The heading of such section is amended to read

10 as follows:

11 ‘‘§ 7043. Provost and Academic Dean’’.

12 (4) Sections 7043(b) and 7081(a) of title 10, United

13 States Code, are amended by striking ‘‘Academic Dean’’

14 and inserting ‘‘Provost and Academic Dean’’.

15 (5) Section 5102(c)(10) of title 5, United States

16 Code, is amended by striking ‘‘Academic Dean of the Post17 graduate School of the Naval Academy’’ and inserting

18 ‘‘Provost and Academic Dean of the Naval Postgraduate

19 School’’.

20 (c) CLERICAL AMENDMENTS.—The table of sections

21 at the beginning of chapter 605 of such title 10, United

22 States Code, is amended by striking the items related to

23 sections 7042 and 7043 and inserting the following new

24 items:

‘‘7042. President: assistants.

‘‘7043. Provost and Academic Dean.’’.
†

333

S 2400 PP

1 SEC. 914. UNITED STATES MILITARY CANCER INSTITUTE.

2 (a) ESTABLISHMENT.—Chapter 104 of title 10,

3 United States Code, is amended by adding at the end the

4 following new section:

5 ‘‘§ 2117. United States Military Cancer Institute

6 ‘‘(a) ESTABLISHMENT.—(1) There is a United States

7 Military Cancer Institute in the University. The Director

8 of the United States Military Cancer Institute is the head

9 of the Institute.

10 ‘‘(2) The Institute is composed of clinical and basic

11 scientists in the Department of Defense who have an ex12 pertise in research, patient care, and education relating

13 to oncology and who meet applicable criteria for participa14 tion in the Institute.

15 ‘‘(3) The components of the Institute include military

16 treatment and research facilities that meet applicable cri17 teria and are designated as affiliates of the Institute.

18 ‘‘(b) RESEARCH.—(1) The Director of the United

19 States Military Cancer Institute shall carry out research

20 studies on the following:

21 ‘‘(A) The epidemiological features of cancer, in22 cluding assessments of the carcinogenic effect of ge23 netic and environmental factors, and of disparities in

24 health, inherent or common among populations of

25 various ethnic origins.
†

334

S 2400 PP

1 ‘‘(B) The prevention and early detection of can2 cer.

3 ‘‘(C) Basic, translational, and clinical investiga4 tion matters relating to the matters described in

5 subparagraphs (A) and (B).

6 ‘‘(2) The research studies under paragraph (1) shall

7 include complementary research on oncologic nursing.

8 ‘‘(c) COLLABORATIVE RESEARCH.—The Director of

9 the United States Military Cancer Institute shall carry out

10 the research studies under subsection (b) in collaboration

11 with other cancer research organizations and entities se12 lected by the Institute for purposes of the research studies.

13 ‘‘(d) ANNUAL REPORT.—(1) Promptly after the end

14 of each fiscal year, the Director of the United States Mili15 tary Cancer Institute shall submit to the President of the

16 University a report on the results of the research studies

17 carried out under subsection (b).

18 ‘‘(2) Not later than 60 days after receiving the an19 nual report under paragraph (1), the President of the Uni20 versity shall transmit such report to the Secretary of De21 fense and to Congress.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of such chapter is amended by adding

24 at the end the following new item:

‘‘2117. United States Military Cancer Institute.’’.
†

335

S 2400 PP

1 SEC. 915. AUTHORITIES OF THE JUDGE ADVOCATES GEN2 ERAL.

3 (a) DEPARTMENT OF THE ARMY.—(1) Section

4 3019(b) of title 10, United States Code, is amended by

5 striking ‘‘The General Counsel’’ and inserting ‘‘Subject to

6 sections 806 and 3037 of this title, the General Counsel’’.

7 (2)(A) Section 3037 of such title is amended to read

8 as follows:

9 ‘‘§ 3037. Judge Advocate General, Assistant Judge Ad10 vocate General: appointment; duties

11 ‘‘(a) POSITION OF JUDGE ADVOCATE GENERAL.—

12 There is a Judge Advocate General in the Army, who is

13 appointed by the President, by and with the advice and

14 consent of the Senate, from officers of the Judge Advocate

15 General’s Corps. The term of office is four years, but may

16 be sooner terminated or extended by the President. The

17 Judge Advocate General, while so serving, has the grade

18 of lieutenant general.

19 ‘‘(b) APPOINTMENT.—The Judge Advocate General

20 of the Army shall be appointed from those officers who

21 at the time of appointment are members of the bar of a

22 Federal court or the highest court of a State or Territory,

23 and who have had at least eight years of experience in

24 legal duties as commissioned officers.

25 ‘‘(c) DUTIES.—The Judge Advocate General, in addi26 tion to other duties prescribed by law—
†

336

S 2400 PP

1 ‘‘(1) is the legal adviser of the Secretary of the

2 Army, the Chief of Staff of the Army, and the Army

3 Staff, and of all offices and agencies of the Depart4 ment of the Army;

5 ‘‘(2) shall direct and supervise the members of

6 the Judge Advocate General’s Corps and civilian at7 torneys employed by the Department of the Army

8 (other than those assigned or detailed to the Office

9 of the General Counsel of the Army) in the perform10 ance of their duties;

11 ‘‘(3) shall direct and supervise the performance

12 of duties under chapter 47 of this title (the Uniform

13 Code of Military Justice) by any member of the

14 Army;

15 ‘‘(4) shall receive, revise, and have recorded the

16 proceedings of courts of inquiry and military com17 missions; and

18 ‘‘(5) shall perform such other legal duties as

19 may be directed by the Secretary of the Army.

20 ‘‘(d) POSITION OF ASSISTANT JUDGE ADVOCATE

21 GENERAL.—There is an Assistant Judge Advocate Gen22 eral in the Army, who is appointed by the President, by

23 and with the advice and consent of the Senate, from offi24 cers of the Army who have the qualifications prescribed

25 in subsection (b) for the Judge Advocate General. The
†

337

S 2400 PP

1 term of office of the Assistant Judge Advocate General

2 is four years, but may be sooner terminated or extended

3 by the President. An officer appointed as Assistant Judge

4 Advocate General who holds a lower regular grade shall

5 be appointed in the regular grade of major general.

6 ‘‘(e) APPOINTMENTS RECOMMENDED BY SELECTION

7 BOARDS.—Under regulations prescribed by the Secretary

8 of Defense, the Secretary of the Army, in selecting an offi9 cer for recommendation to the President under subsection

10 (a) for appointment as the Judge Advocate General or

11 under subsection (d) for appointment as the Assistant

12 Judge Advocate General, shall ensure that the officer se13 lected is recommended by a board of officers that, insofar

14 as practicable, is subject to the procedures applicable to

15 selection boards convened under chapter 36 of this title.’’.

16 (B) The item relating to such section in the table of

17 sections at the beginning of chapter 305 of such title is

18 amended to read as follows:

‘‘3037. Judge Advocate General, Assistant Judge Advocate General: appointment; duties.’’.

19 (b) DEPARTMENT OF THE NAVY.—(1) Section

20 5019(b) of title 10, United States Code, is amended by

21 striking ‘‘The General Counsel’’ and inserting ‘‘Subject to

22 sections 806 and 5148 of this title, the General Counsel’’.

23 (2) Section 5148 of such title is amended—
†

338

S 2400 PP

1 (A) in subsection (b), by striking the fourth

2 sentence and inserting the following: ‘‘The Judge

3 Advocate General, while so serving, has the grade of

4 vice admiral or lieutenant general, as appropriate.’’;

5 and

6 (B) by striking subsection (d) and inserting the

7 following:

8 ‘‘(d) The Judge Advocate General, in addition to

9 other duties prescribed by law—

10 ‘‘(1) is the legal adviser of the Secretary of the

11 Navy, the Chief of Naval Operations, and all offices,

12 bureaus, and agencies of the Department of the

13 Navy;

14 ‘‘(2) shall direct and supervise the judge advo15 cates of the Navy and the Marine Corps and civilian

16 attorneys employed by the Department of the Navy

17 (other than those assigned or detailed to the Office

18 of the General Counsel of the Navy) in the perform19 ance of their duties;

20 ‘‘(3) shall direct and supervise the performance

21 of duties under chapter 47 of this title (the Uniform

22 Code of Military Justice) by any member of the

23 Navy or Marine Corps;
†

339

S 2400 PP

1 ‘‘(4) shall receive, revise, and have recorded the

2 proceedings of courts of inquiry and military com3 missions; and

4 ‘‘(5) shall perform such other legal duties as

5 may be directed by the Secretary of the Navy.’’.

6 (c) DEPARTMENT OF THE AIR FORCE.—(1) Section

7 8019(b) of title 10, United States Code, is amended by

8 striking ‘‘The General Counsel’’ and inserting ‘‘Subject to

9 sections 806 and 8037 of this title, the General Counsel’’.

10 (2) Section 8037 of such title is amended—

11 (A) in subsection (a), by striking the third sen12 tence and inserting the following: ‘‘The Judge Advo13 cate General, while so serving, has the grade of lieu14 tenant general.’’; and

15 (B) in subsection (c)—

16 (i) by striking ‘‘General shall,’’ in the mat17 ter preceding paragraph (1) and inserting

18 ‘‘General,’’;

19 (ii) by redesignating paragraphs (1) and

20 (2) as paragraphs (4) and (5), respectively,

21 and, in each such paragraph, by inserting

22 ‘‘shall’’ before the first word; and

23 (iii) by inserting after paragraph (1) the

24 following new paragraphs:
†

340

S 2400 PP

1 ‘‘(1) is the legal adviser of the Secretary of the

2 Air Force, the Chief of Staff of the Air Force, and

3 the Air Staff, and of all offices and agencies of the

4 Department of the Air Force;

5 ‘‘(2) shall direct and supervise the members of

6 the Air Force designated as judge advocates and ci7 vilian attorneys employed by the Department of the

8 Air Force (other than those assigned or detailed to

9 the Office of the General Counsel of the Air Force)

10 in the performance of their duties;

11 ‘‘(3) shall direct and supervise the performance

12 of duties under chapter 47 of this title (the Uniform

13 Code of Military Justice) by any member of the Air

14 Force;’’.

15 (d) EXCLUSION FROM LIMITATION ON GENERAL

16 AND FLAG OFFICER DISTRIBUTION.—Section 525(b) of

17 title 10, United States Code, is amended by adding at the

18 end the following new paragraph:

19 ‘‘(9) An officer while serving as the Judge Advocate

20 General of the Army, the Judge Advocate General of the

21 Navy, or the Judge Advocate General of the Air Force

22 is in addition to the number that would otherwise be per23 mitted for that officer’s armed force for officers serving

24 on active duty in grades above major general or rear admi25 ral under paragraph (1) or (2), as the case may be.’’.
†

341

S 2400 PP

1 TITLE X—GENERAL PROVISIONS

2 Subtitle A—Financial Matters

3 SEC. 1001. TRANSFER AUTHORITY.

4 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

5 (1) Upon determination by the Secretary of Defense that

6 such action is necessary in the national interest, the Sec7 retary may transfer amounts of authorizations made avail8 able to the Department of Defense in this division for fis9 cal year 2005 between any such authorizations for that

10 fiscal year (or any subdivisions thereof). Amounts of au11 thorizations so transferred shall be merged with and be

12 available for the same purposes as the authorization to

13 which transferred.

14 (2) The total amount of authorizations that the Sec15 retary may transfer under the authority of this section

16 may not exceed $3,000,000,000.

17 (b) LIMITATIONS.—The authority provided by this

18 section to transfer authorizations—

19 (1) may only be used to provide authority for

20 items that have a higher priority than the items

21 from which authority is transferred; and

22 (2) may not be used to provide authority for an

23 item that has been denied authorization by Con24 gress.
†

342

S 2400 PP

1 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

2 transfer made from one account to another under the au3 thority of this section shall be deemed to increase the

4 amount authorized for the account to which the amount

5 is transferred by an amount equal to the amount trans6 ferred.

7 (d) NOTICE TO CONGRESS.—The Secretary shall

8 promptly notify Congress of each transfer made under

9 subsection (a).

10 SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COM11 MON-FUNDED BUDGETS IN FISCAL YEAR 2005.

12 (a) FISCAL YEAR 2005 LIMITATION.—The total

13 amount contributed by the Secretary of Defense in fiscal

14 year 2005 for the common-funded budgets of NATO may

15 be any amount up to, but not in excess of, the amount

16 specified in subsection (b) (rather than the maximum

17 amount that would otherwise be applicable to those con18 tributions under the fiscal year 1998 baseline limitation).

19 (b) TOTAL AMOUNT.—The amount of the limitation

20 applicable under subsection (a) is the sum of the following:

21 (1) The amounts of unexpended balances, as of

22 the end of fiscal year 2004, of funds appropriated

23 for fiscal years before fiscal year 2005 for payments

24 for those budgets.

25 (2) The amount specified in subsection (c)(1).
†

343

S 2400 PP

1 (3) The amount specified in subsection (c)(2).

2 (4) The total amount of the contributions au3 thorized to be made under section 2501.

4 (c) AUTHORIZED AMOUNTS.—Amounts authorized to

5 be appropriated by titles II and III of this Act are avail6 able for contributions for the common-funded budgets of

7 NATO as follows:

8 (1) Of the amount provided in section 201(1),

9 $756,000 for the Civil Budget.

10 (2) Of the amount provided in section 301(1),

11 $222,492,000 for the Military Budget.

12 (d) DEFINITIONS.—For purposes of this section:

13 (1) COMMON-FUNDED BUDGETS OF NATO.—

14 The term ‘‘common-funded budgets of NATO’’

15 means the Military Budget, the Security Investment

16 Program, and the Civil Budget of the North Atlantic

17 Treaty Organization (and any successor or addi18 tional account or program of NATO).

19 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

20 The term ‘‘fiscal year 1998 baseline limitation’’

21 means the maximum annual amount of Department

22 of Defense contributions for common-funded budgets

23 of NATO that is set forth as the annual limitation

24 in section 3(2)(C)(ii) of the resolution of the Senate

25 giving the advice and consent of the Senate to the
†

344

S 2400 PP

1 ratification of the Protocols to the North Atlantic

2 Treaty of 1949 on the Accession of Poland, Hun3 gary, and the Czech Republic (as defined in section

4 4(7) of that resolution), approved by the Senate on

5 April 30, 1998.

6 SEC. 1003. REDUCTION IN OVERALL AUTHORIZATION DUE

7 TO INFLATION SAVINGS.

8 (a) REDUCTION.—The total amount authorized to be

9 appropriated by titles I, II, and III is the amount equal

10 to the sum of the individual authorizations in those titles

11 reduced by $1,670,000,000.

12 (b) SOURCE OF SAVINGS.—Reductions required in

13 order to comply with subsection (a) shall be derived from

14 savings resulting from lower-than-expected inflation as a

15 result of the annual review of the budget conducted by

16 the Office of Management and Budget.

17 (c) ALLOCATION OF REDUCTION.—The Secretary of

18 Defense shall allocate the reduction required by subsection

19 (a) among the accounts in titles I, II, and III to reflect

20 the extent to which net inflation savings are available in

21 those accounts.

22 SEC. 1004. DEFENSE BUSINESS SYSTEMS INVESTMENT MAN23 AGEMENT.

24 (a) REQUIREMENT FOR DEFENSE BUSINESS ENTER25 PRISE ARCHITECTURE AND TRANSITION PLAN.—(1) Not
†

345

S 2400 PP

1 later than September 30, 2005, the Secretary of Defense

2 shall develop—

3 (A) a defense business enterprise architecture

4 covering all defense business systems of the Depart5 ment of Defense and the functions and activities

6 supported by such systems that—

7 (i) is sufficiently defined to effectively

8 guide, constrain, and permit implementation of

9 interoperable business system solutions; and

10 (ii) is consistent with the applicable poli11 cies and procedures prescribed by the Director

12 of the Office of Management and Budget; and

13 (B) a transition plan for implementing the de14 fense business enterprise architecture.

15 (2) In carrying out paragraph (1), the Secretary shall

16 act through the Defense Business Systems Management

17 Committee established under subsection (h).

18 (b) COMPOSITION OF ENTERPRISE ARCHITEC19 TURE.—The defense business enterprise architecture de20 veloped under subsection (a)(1)(A) shall include the fol21 lowing:

22 (1) An information infrastructure that, at a

23 minimum, would enable the Department of Defense

24 to—
†

346

S 2400 PP

1 (A) comply with all Federal accounting, fi2 nancial management, and reporting require3 ments;

4 (B) routinely produce timely, accurate, and

5 reliable financial information for management

6 purposes;

7 (C) integrate budget, accounting, and pro8 gram information and systems; and

9 (D) provide for the systematic measure10 ment of performance, including the ability to

11 produce timely, relevant, and reliable cost infor12 mation.

13 (2) Policies, procedures, data standards, and

14 system interface requirements that are to apply uni15 formly throughout the Department of Defense.

16 (c) COMPOSITION OF TRANSITION PLAN.—(1) The

17 transition plan developed under subsection (a)(1)(B) shall

18 include the following:

19 (A) The acquisition strategy for new systems

20 that are expected to be needed to complete the de21 fense business enterprise architecture.

22 (B) A listing of the defense business systems as

23 of December 2, 2002 (known as ‘‘legacy systems’’),

24 that will not be part of the objective defense busi25 ness enterprise architecture, together with the sched-
†

347

S 2400 PP

1 ule for terminating those legacy systems that pro2 vides for reducing the use of those legacy systems in

3 phases.

4 (C) A listing of the legacy systems (referred to

5 in subparagraph (B)) that will be a part of the ob6 jective defense business system, together with a

7 strategy for making the modifications to those sys8 tems that will be needed to ensure that such systems

9 comply with the defense business enterprise architec10 ture.

11 (2) Each of the strategies under paragraph (1) shall

12 include specific time-phased milestones, performance

13 metrics, and a statement of the financial and nonfinancial

14 resource needs.

15 (d) CONDITIONS FOR USE OF FUNDS FOR DEFENSE

16 BUSINESS SYSTEM MODERNIZATION.—(1) After Sep17 tember 30, 2005, an officer or employee of the United

18 States may not obligate or expend an amount in excess

19 of $1,000,000 for a defense business system moderniza20 tion unless the Secretary of Defense or the official dele21 gated authority for the system covered by such moderniza22 tion under subsection (e) has determined in writing that

23 such defense business system modernization—
†

348

S 2400 PP

1 (A) is consistent with the defense business en2 terprise architecture and transition plan developed

3 under subsection (a); or

4 (B) is necessary to—

5 (i) achieve a critical national security capa6 bility or address a critical requirement in an

7 area such as safety or security; or

8 (ii) prevent a significant adverse effect on

9 a project that is needed to achieve an essential

10 capability, taking into consideration the alter11 native solutions for preventing such adverse ef12 fect.

13 (2) A violation of paragraph (1) is a violation of sec14 tion 1341(a)(1)(A) of title 31, United States Code.

15 (e) ACCOUNTABILITY FOR DEFENSE BUSINESS SYS16 TEMS.—The Secretary of Defense shall delegate authority

17 for the planning, design, acquisition, development, deploy18 ment, operation, maintenance, modernization, and over19 sight of defense business systems as follows:

20 (1) To the Under Secretary of Defense for Ac21 quisition, Technology, and Logistics, for—

22 (A) defense business systems the primary

23 purpose of which is to support acquisition ac24 tivities in the Department of Defense;
†

349

S 2400 PP

1 (B) defense business systems the primary

2 purpose of which is to support logistics activi3 ties in the Department of Defense; and

4 (C) defense business systems the primary

5 purpose of which is to support installations and

6 environment activities in the Department of De7 fense.

8 (2) To the Under Secretary of Defense (Comp9 troller) and Chief Financial Officer, for—

10 (A) defense business systems the primary

11 purpose of which is to support financial man12 agement activities in the Department of De13 fense; and

14 (B) defense business systems the primary

15 purpose of which is to support strategic plan16 ning and budgeting activities in the Department

17 of Defense.

18 (3) To the Under Secretary of Defense for Per19 sonnel and Readiness, for defense business systems

20 the primary purpose of which is to support human

21 resource management activities in the Department

22 of Defense.

23 (4) To the Assistant Secretary of Defense (Net24 works and Information Integration) and Chief Infor25 mation Officer, for defense business systems the pri-
†

350

S 2400 PP

1 mary purpose of which is to support information

2 technology infrastructure and information assurance

3 activities of the Department of Defense.

4 (5) To the Deputy Secretary of Defense or an

5 Under Secretary of Defense, as designated by the

6 Secretary of Defense, for defense business systems

7 the primary purpose of which is to support any ac8 tivity of the Department of Defense not described in

9 another paragraph of this subsection.

10 (f) DEFENSE BUSINESS SYSTEM INVESTMENT RE11 VIEW.—(1) The Secretary of Defense shall require each

12 official to whom authority is delegated under subsection

13 (e) to establish an investment review process to review the

14 planning, design, acquisition, development, deployment,

15 operation, maintenance, and modernization of all defense

16 business systems covered by the authority so delegated to

17 that official, and to analyze project cost benefits and risks

18 of such systems.

19 (2) Each investment review process established under

20 paragraph (1) shall be consistent with the requirements

21 of section 11312 of title 40, United States Code, and shall

22 include the following features:

23 (A) An investment review board composed of

24 appropriate officials from among the Armed Forces,
†

351

S 2400 PP

1 combatant commands, the Joint Staff, and Defense

2 Agencies.

3 (B) Review and approval, by the investment re4 view board, of each defense business system as an

5 investment before the obligation or expenditure of

6 funds on such system.

7 (C) Periodic review of each defense business

8 system investment not less often than annually.

9 (D) Use of threshold criteria to ensure that

10 each defense business system investment, and that

11 accountability for each defense business system in12 vestment, is reviewed at a level of review within the

13 Department of Defense that is appropriate for the

14 scope, complexity, and cost of the investment.

15 (E) Procedures for making determinations in

16 accordance with the requirements of subsection (d).

17 (g) DEFENSE BUSINESS SYSTEMS BUDGET EX18 HIBIT.—For each budget for a fiscal year after fiscal year

19 2005 that the President submits to Congress under sec20 tion 1105(a) of title 31, United States Code, the Secretary

21 of Defense shall include in the documentation on major

22 functional category 050 (National Defense) that the Sec23 retary submits to the congressional defense committees in

24 support of such budget a defense business systems budget

25 exhibit that includes the following information:
†

352

S 2400 PP

1 (1) Identification of each defense business sys2 tem for which funding is proposed in that budget.

3 (2) Identification of all funds, by appropriation,

4 proposed in that budget for each such system,

5 including—

6 (A) funds for current services (to operate

7 and maintain the system); and

8 (B) funds for business systems moderniza9 tion, identified for each specific appropriation.

10 (3) For each such system, identification of the

11 official to whom authority for such system is dele12 gated under subsection (e).

13 (4) For each such system, a description of each

14 determination made under subsection (d) with re15 gard to such system.

16 (h) DEFENSE BUSINESS SYSTEM MANAGEMENT

17 COMMITTEE.—(1) The Secretary of Defense shall estab18 lish a Defense Business Systems Management Executive

19 Committee. The Committee shall be composed of the fol20 lowing members:

21 (A) The Deputy Secretary of Defense, who shall

22 be the chairman of the Committee.

23 (B) The Under Secretary of Defense for Acqui24 sition, Logistics, and Technology.
†

353

S 2400 PP

1 (C) The Under Secretary of Defense for Per2 sonnel and Readiness.

3 (D) The Under Secretary of Defense (Comp4 troller) and Chief Financial Officer.

5 (E) The Assistant Secretary of Defense (Net6 works and Information Integration) and Chief Infor7 mation Officer.

8 (F) The Secretaries of the military depart9 ments.

10 (G) The heads of the Defense Agencies.

11 (H) Any personnel assigned to the Joint Staff,

12 personnel assigned to combatant commands, or other

13 Department of Defense personnel that the Secretary

14 of Defense designates to serve on the Committee.

15 (2) In addition to any other duties assigned to the

16 Committee by the Secretary of Defense, the Committee

17 shall have the following duties:

18 (A) To submit to the Secretary recommended

19 policies and procedures that the Committee con20 siders necessary to effectively integrate compliance

21 with the requirements of this section into all busi22 ness activities and any transformation, reform, reor23 ganization, or process improvement initiatives under24 taken within the Department of Defense.
†

354

S 2400 PP

1 (B) To review and approve defense business

2 systems modernization plans, including review and

3 approval of any major update of the defense busi4 ness enterprise architecture.

5 (C) To coordinate defense business system mod6 ernization initiatives to maximize benefits and mini7 mize costs for the Department of Defense.

8 (D) To ensure that funds are not obligated for

9 the modernization of any defense business system in

10 violation of subsection (d)(1).

11 (E) To periodically report to the Secretary on

12 the status of defense business system modernization

13 efforts.

14 (i) DEFINITIONS.—In this section:

15 (1) The term ‘‘defense business system’’ means

16 any information system (except a national security

17 system, as defined in section 2315 of title 10,

18 United States Code) that is operated by, for, or on

19 behalf of the Department of Defense to support

20 business activities such as acquisition, financial

21 management, logistics, strategic planning and budg22 eting, installations and environment, and human re23 source management.
†

355

S 2400 PP

1 (2) The term ‘‘enterprise architecture’’ has the

2 meaning given that term in section 3601(4) of title

3 44, United States Code.

4 (3) The terms ‘‘information system’’ and ‘‘in5 formation technology’’ have the meanings given

6 those terms in section 11101 of title 40, United

7 States Code.

8 (4) The term ‘‘modernization’’, with respect to

9 a defense business system, means the acquisition or

10 development of a new defense business system or

11 any significant modification or enhancement of an

12 existing defense business system (other than as nec13 essary to maintain current services).

14 (j) ANNUAL REPORT.—Not later than March 15 of

15 2005 and each year thereafter through 2009, the Sec16 retary of Defense shall submit to the congressional defense

17 committees a report on the progress made by the Depart18 ment of Defense in implementing the defense business en19 terprise architecture and transition plan required by this

20 section. Each report shall include, at a minimum, the fol21 lowing information:

22 (1) A description of the specific actions taken

23 and planned to be taken to implement the defense

24 business enterprise architecture and the transition

25 plan.
†

356

S 2400 PP

1 (2) Specific milestones, performance measures,

2 and resource commitments for such actions.

3 (k) COMPTROLLER GENERAL ASSESSMENT.—Not

4 later than 60 days after the date on which the Secretary

5 of Defense approves the defense business enterprise archi6 tecture and transition plan developed under subsection

7 (a), and again each year not later than 60 days after the

8 submission of the annual report under subsection (j), the

9 Comptroller General shall submit to the congressional de10 fense committees an assessment of the extent to which the

11 actions taken by the Department comply with the require12 ments of this section.

13 (l) RELATIONSHIP TO OTHER LAW.—Nothing in this

14 section shall be construed to modify or affect the applica15 bility of the restrictions and requirements provided in sec16 tion 8088 of the Department of Defense Appropriations

17 Act, 2003 (Public Law 107–248; 116 Stat. 1556).

18 (m) REPEAL OF SUPERSEDED LAW.—Section 1004

19 of the Bob Stump National Defense Authorization Act for

20 Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2629;

21 10 U.S.C. 113 note) is repealed.
†

357

S 2400 PP

1 SEC. 1005. UNIFORM FUNDING AND MANAGEMENT OF

2 SERVICE ACADEMY ATHLETIC AND REC3 REATIONAL EXTRACURRICULAR PROGRAMS.

4 (a) UNITED STATES MILITARY ACADEMY.—(1)

5 Chapter 403 of title 10, United States Code, is amended

6 by adding at the end the following new section:

7 ‘‘§ 4359. Athletic and recreational extracurricular

8 programs: uniform funding

9 ‘‘The authority and conditions provided in section

10 2494 of this title shall also apply to any athletic or rec11 reational extracurricular program of the Academy that—

12 ‘‘(1) is not considered a morale, welfare, or

13 recreation program referred to in such section;

14 ‘‘(2) is funded out of appropriated funds;

15 ‘‘(3) is supported by a supplemental mission

16 nonappropriated fund instrumentality; and

17 ‘‘(4) is not operated as a private organization.’’.

18 (2) The table of sections at the beginning of such title

19 is amended by adding at the end the following new item:

‘‘4359. Athletic and recreational extracurricular programs: uniform funding.’’.

20 (b) UNITED STATES NAVAL ACADEMY.—(1) Chapter

21 603 of title 10, United States Code, is amended by adding

22 at the end the following new section:
†

358

S 2400 PP

1 ‘‘§ 6978. Athletic and recreational extracurricular

2 programs: uniform funding

3 ‘‘The authority and conditions provided in section

4 2494 of this title shall also apply to any athletic or rec5 reational extracurricular program of the Naval Academy

6 that—

7 ‘‘(1) is not considered a morale, welfare, or

8 recreation program referred to in such section;

9 ‘‘(2) is funded out of appropriated funds;

10 ‘‘(3) is supported by a supplemental mission

11 nonappropriated fund instrumentality; and

12 ‘‘(4) is not operated as a private organization.’’.

13 (2) The table of sections at the beginning of such title

14 is amended by adding at the end the following new item:

‘‘6978. Athletic and recreational extracurricular programs: uniform funding.’’.

15 (c) UNITED STATES AIR FORCE ACADEMY.—(1)

16 Chapter 903 of title 10, United States Code, is amended

17 by adding at the end the following new section:

18 ‘‘§ 9358. Athletic and recreational extracurricular

19 programs: uniform funding

20 ‘‘The authority and conditions provided in section

21 2494 of this title shall also apply to any athletic or rec22 reational extracurricular program of the Academy that—

23 ‘‘(1) is not considered a morale, welfare, or

24 recreation program referred to in such section;

25 ‘‘(2) is funded out of appropriated funds;
†

359

S 2400 PP

1 ‘‘(3) is supported by a supplemental mission

2 nonappropriated fund instrumentality; and

3 ‘‘(4) is not operated as a private organization.’’.

4 (2) The table of sections at the beginning of such title

5 is amended by adding at the end the following new item:

‘‘9358. Athletic and recreational extracurricular programs: uniform funding.’’.

6 (d) EFFECTIVE DATE AND APPLICABILITY.—This

7 section and the amendments made by this section shall

8 take effect on October 1, 2004, and shall apply with re9 spect to funds appropriated for fiscal years beginning on

10 or after such date.

11 SEC. 1006. AUTHORIZATION OF APPROPRIATIONS FOR A

12 CONTINGENT EMERGENCY RESERVE FUND

13 FOR OPERATIONS IN IRAQ AND AFGHANI14 STAN.

15 (a) AUTHORIZATION OF SUPPLEMENTAL APPROPRIA16 TIONS.—In addition to any other amounts authorized to

17 be appropriated by this Act, there is hereby authorized

18 to be appropriated for the Department of Defense for fis19 cal year 2005, subject to subsections (b) and (c),

20 $25,000,000,000, to be available only for activities in sup21 port of operations in Iraq and Afghanistan.

22 (b) SPECIFIC AMOUNTS.—Of the amount authorized

23 to be appropriated under subsection (a), funds are author24 ized to be appropriated in amounts for purposes as follows:
†

360

S 2400 PP

1 (1) For the Army for operation and mainte2 nance, $14,500,000,000.

3 (2) For the Navy for operation and mainte4 nance, $1,000,000,000.

5 (3) For the Marine Corps for operation and

6 maintenance, $2,000,000,000.

7 (4) For the Air Force for operation and mainte8 nance, $1,000,000,000.

9 (5) For operation and maintenance, Defense10 wide activities, $2,000,000,000.

11 (6) For military personnel, $2,000,000,000.

12 (7) An additional amount of $2,500,000,000 to

13 be available for transfer to—

14 (A) operation and maintenance accounts;

15 (B) military personnel accounts;

16 (C) research, development, test, and eval17 uation accounts;

18 (D) procurement accounts;

19 (E) classified programs; and

20 (F) Coast Guard operating expenses.

21 (c) AUTHORIZATION CONTINGENT ON BUDGET RE22 QUEST.—The authorization of appropriations in sub23 section (a) shall be effective only to the extent that a budg24 et request for all or part of the amount authorized to be

25 appropriated under such subsection for the purposes set
†

361

S 2400 PP

1 forth in such subsection is transmitted by the President

2 to Congress after the date of the enactment of this Act

3 and includes a designation of the requested amount as an

4 emergency and essential to support activities in Iraq and

5 Afghanistan.

6 (d) TRANSFER AUTHORITY.—(1) Of the amount au7 thorized to be appropriated under subsection (b)(7) for

8 transfer, no transfer may be made until the Secretary of

9 Defense consults with the Chairmen and Ranking Mem10 bers of the congressional defense committees and then no11 tifies such committees in writing not later than five days

12 before the transfer is made.

13 (2) The transfer authority provided under this section

14 is in addition to any other transfer authority available to

15 the Department of Defense.

16 (e) MONTHLY REPORT.—The Secretary of Defense

17 shall submit to the congressional defense committees each

18 month a report on the use of funds authorized to be appro19 priated under this section. The report for a month shall

20 include in a separate display for each of Iraq and Afghani21 stan, the activity for which the funds were used, the pur22 pose for which the funds were used, the source of the

23 funds used to carry out that activity, and the account to

24 which those expenditures were charged.
†

362

S 2400 PP

1 Subtitle B—Naval Vessels and

2 Shipyards

3 SEC. 1011. EXCHANGE AND SALE OF OBSOLETE NAVY SERV4 ICE CRAFT AND BOATS.

5 (a) IN GENERAL.—Chapter 633 of title 10, United

6 States Code, is amended by inserting after section 7309

7 the following new section:

8 ‘‘§ 7309a. Service craft and boats: exchange or sale

9 ‘‘(a) IN GENERAL.—The Secretary of the Navy may,

10 in acquiring personal property under section 503 of title

11 40, exchange or sell obsolete Navy service craft or boats

12 that are similar to such personal property and apply the

13 exchange allowance or proceeds of sale in whole or part

14 payment for such personal property.

15 ‘‘(b) USE OF PROCEEDS FOR COST OF PREPARATION

16 OF SALE.—In selling a service craft or boat under sub17 section (a), the Secretary shall obtain, to the extent prac18 ticable, amounts necessary to recover the full costs, wheth19 er direct or indirect, incurred by the Navy in preparing

20 the service craft or boat for sale, including costs of towing,

21 storage, defueling, removal and disposal of hazardous

22 wastes, environmental surveys to determine the presence

23 of regulated materials containing polychlorinated biphenyl

24 (PCB), removal and disposal of such materials, and other

25 related costs.
†

363

S 2400 PP

1 ‘‘(c) TREATMENT OF ADDITIONAL PROCEEDS.—(1)

2 Any proceeds of sale of a service craft or boat under sub3 section (a) that are in addition to amounts necessary to

4 recover the costs of the preparation of sale of the service

5 craft or boat under subsection (b) shall be deposited in

6 an account in the Treasury established for purposes of this

7 section.

8 ‘‘(2) Amounts in the account under paragraph (1)

9 shall be available to the Secretary for the payment of costs

10 associated with the preparation of obsolete Navy service

11 craft or boats for sale or exchange under this section.

12 Amounts in the account shall be available for that purpose

13 without fiscal year limitation.

14 ‘‘(3) The Secretary shall, on a periodic basis, deposit

15 amounts in the account under paragraph (1) that are in

16 excess of the amounts otherwise utilized under paragraph

17 (2) in the general Treasury as miscellaneous receipts, or

18 in another account in the Treasury as otherwise provided

19 by law.

20 ‘‘(d) INAPPLICABILITY OF CERTAIN PROCUREMENT

21 REQUIREMENTS.—Notwithstanding section 503(b)(3) of

22 title 40, section 3709 of the Revised Statutes (41 U.S.C.

23 5) shall not apply to the exchange or sale of service craft

24 or boats under this section.
†

364

S 2400 PP

1 ‘‘(e) REGULATIONS.—The Secretary may prescribe

2 regulations relating to the exercise of authority under this

3 section.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections

5 at the beginning of such chapter is amended by inserting

6 after the item relating to section 7309 the following new

7 item:

‘‘7309a. Service craft and boats: exchange or sale.’’.

8 SEC. 1012. LIMITATION ON DISPOSAL OF OBSOLETE NAVAL

9 VESSEL.

10 The Secretary of the Navy may not dispose of the

11 decommissioned destroyer ex-Edson (DD–946) before Oc12 tober 1, 2007, to an entity that is not a nonprofit organi13 zation unless the Secretary first determines that there is

14 no nonprofit organization that meets the criteria for dona15 tion of that vessel under section 7306(a)(3) of title 10,

16 United States Code.

17 SEC. 1013. AWARD OF CONTRACTS FOR SHIP DISMANTLING

18 ON NET COST BASIS.

19 (a) IN GENERAL.—Chapter 633 of title 10, United

20 States Code, is amended by inserting after section 7305

21 the following new section:

22 ‘‘§ 7305a. Contracts for ship dismantling: award on

23 net cost basis

24 ‘‘(a) AUTHORITY.—Notwithstanding any other provi25 sion of law, the Secretary of the Navy may use net cost
†

365

S 2400 PP

1 as a criterion in the selection of an offeror for award of

2 a contract for the dismantling of one or more ships strick3 en from the Naval Vessel Register and may accord that

4 criterion such weight in the offer evaluation process as the

5 Secretary considers appropriate and specifies in the solici6 tation of offers for that contract.

7 ‘‘(b) COMPETITION.—In exercising the authority

8 under this section, the Secretary shall to the maximum

9 extent practicable use the competitive procedure or com10 bination of competitive procedures that is best suited

11 under the circumstances.

12 ‘‘(c) RETENTION OF PROCEEDS.—When the Sec13 retary of the Navy awards a ship dismantling contract on

14 a net cost basis, the contractor may retain the proceeds

15 from the sale of scrap and reusable items from the vessel

16 being dismantled.

17 ‘‘(d) DEFINITIONS.—For purposes of this section:

18 ‘‘(1) The term ‘net cost’, with respect to a con19 tract for the dismantling of a ship, means the

20 amount equal to the excess of—

21 ‘‘(A) the amount of the contractor’s gross

22 cost of performance of the contract, over

23 ‘‘(B) the estimated value of scrap and re24 usable items that the contractor removes from

25 the ship during performance of the contract, as
†

366

S 2400 PP

1 stated in the contractor’s offer for such con2 tract.

3 ‘‘(2) The term ‘scrap’ means personal property

4 that has no value except for its basic material con5 tent.

6 ‘‘(3) The term ‘reusable item’, with respect to

7 a ship, means any demilitarized component or re8 movable portion of the ship or the ship’s equipment

9 that the Navy has identified as excess to its needs

10 but which has potential resale value on the open

11 market.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections

13 at the beginning of such chapter is amended by inserting

14 after the item relating to section 7305 the following new

15 item:

‘‘7305a. Contracts for ship dismantling: award on net cost basis.’’.

16 SEC. 1014. AUTHORITY TO TRANSFER NAVAL VESSELS TO

17 CERTAIN FOREIGN COUNTRIES.

18 (a) AUTHORITY TO TRANSFER BY GRANT.—The Sec19 retary of the Navy is authorized to transfer vessels to for20 eign countries on a grant basis under section 516 of the

21 Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as fol22 lows:

23 (1) CHILE.—To the Government of Chile, the

24 SPRUANCE class destroyer O’BANNON (DD

25 987).
†

367

S 2400 PP

1 (2) PORTUGAL.—To the Government of Por2 tugal, the OLIVER HAZARD PERRY class guided

3 missile frigate GEORGE PHILIP (FFG 12) and

4 the OLIVER HAZARD PERRY class guided missile

5 frigate USS SIDES (FFG 14).

6 (b) AUTHORITY TO TRANSFER BY SALE.—The Sec7 retary of the Navy is authorized to transfer vessels to for8 eign countries on a sale basis under section 21 of the Arms

9 Export Control Act (22 U.S.C. 2761) as follows:

10 (1) TAIWAN.—To the Taipei Economic and

11 Cultural Representative Office in the United States

12 (which is the Taiwan instrumentality designated

13 pursuant to section 10(a) of the Taiwan Relations

14 Act), the ANCHORAGE class dock landing ship

15 ANCHORAGE (LSD 36).

16 (2) CHILE.—To the Government of Chile, the

17 SPRUANCE class destroyer FLETCHER (DD

18 992).

19 (c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

20 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value

21 of a vessel transferred to another country on a grant basis

22 under section 516 of the Foreign Assistance Act of 1961

23 (22 U.S.C. 2321j) pursuant to authority provided by sub24 section (a) shall not be counted for the purposes of sub25 section (g) of that section in the aggregate value of excess
†

368

S 2400 PP

1 defense articles transferred to countries under that section

2 in any fiscal year.

3 (d) COSTS OF TRANSFERS.—Any expense incurred by

4 the United States in connection with a transfer authorized

5 by this section shall be charged to the recipient (notwith6 standing section 516(e)(1) of the Foreign Assistance Act

7 of 1961 (22 U.S.C. 2321j(e)(1)).

8 (e) REPAIR AND REFURBISHMENT IN UNITED

9 STATES SHIPYARDS.—To the maximum extent prac10 ticable, the President shall require, as a condition of the

11 transfer of a vessel under this section, that the country

12 to which the vessel is transferred have such repair or re13 furbishment of the vessel as is needed, before the vessel

14 joins the naval forces of that country, performed at a ship15 yard located in the United States, including a United

16 States Navy shipyard.

17 (f) EXPIRATION OF AUTHORITY.— The authority to

18 transfer a vessel under this section shall expire at the end

19 of the two-year period beginning on the date of the enact20 ment of this Act.

21 Subtitle C—Reports

22 SEC. 1021. REPORT ON CONTRACTOR SECURITY IN IRAQ.

23 (a) REPORT REQUIRED.—(1) Not later than 90 days

24 after the date of the enactment of this Act, the Secretary

25 of Defense shall submit a report on contractor security
†

369

S 2400 PP

1 in Iraq to the congressional defense committees. The re2 port shall include, at a minimum—

3 (A) information on the security of contractor

4 employees in Iraq, as described in subsection (b);

5 (B) information on contract security personnel

6 in Iraq, as described in subsection (c); and

7 (C) any recommended actions that the Sec8 retary considers appropriate to enhance contractor

9 security in Iraq.

10 (2) The information included in the report shall be

11 current as of September 30, 2004.

12 (b) SECURITY OF CONTRACTOR EMPLOYEES IN

13 IRAQ.—The report under subsection (a) shall include in14 formation on contractor employees in Iraq, as follows:

15 (1) The number of contractor employees in each

16 of the following categories of nationals:

17 (A) Nationals of the United States.

18 (B) Nationals of Iraq.

19 (C) Nationals of states other than the

20 United States and Iraq.

21 (2) For each of the categories of nationals list22 ed in paragraph (1), the number of casualties among

23 contractor employees on and after May 1, 2003.

24 (c) CONTRACT SECURITY PERSONNEL.—The report

25 required by subsection (a) shall include information on
†

370

S 2400 PP

1 contract security personnel of a contractor in Iraq, as fol2 lows:

3 (1) The number of contract security personnel

4 engaged in providing security services to personnel

5 or facilities in each of the following categories:

6 (A) Personnel or facilities of the United

7 States Government or the Coalition Provisional

8 Authority.

9 (B) Personnel or facilities of the Iraqi Gov10 ernment.

11 (C) Personnel or facilities of a contractor

12 or subcontractor.

13 (2) For each of the categories of nationals list14 ed in subsection (b)(1), the following information:

15 (A) The number of contract security per16 sonnel.

17 (B) The range of annual rates of pay of

18 the contract security personnel.

19 (C) The number of casualties among the

20 contract security personnel on and after May 1,

21 2003.

22 (3) The number, types, and sources of weapons

23 that contract security personnel are authorized to

24 possess in each of the following categories:

25 (A) Weapons provided by coalition forces.
†

371

S 2400 PP

1 (B) Weapons supplied by the contractor.

2 (C) Weapons supplied by other sources.

3 (4) The extent to which contract security per4 sonnel are equipped with other critical equipment,

5 such as body armor, armored vehicles, secure com6 munications, and friend-foe identification.

7 (5) An assessment of the extent to which con8 tract security personnel have been engaged by hos9 tile fire on and after May 1, 2003.

10 (d) COORDINATION.—In the preparation of the report

11 under this section, the Secretary of Defense shall coordi12 nate with the heads of any other departments and agencies

13 of the Federal Government that are affected by the per14 formance of Federal Government contracts by contractor

15 personnel in Iraq.

16 (e) ADDITIONAL CONGRESSIONAL RECIPIENTS.—In

17 addition to submitting the report on contractor security

18 under this section to the congressional defense commit19 tees, the Secretary of Defense shall also submit the report

20 to any other committees of Congress that the Secretary

21 determines appropriate to receive such report taking into

22 consideration the requirements of the Federal Government

23 that contractor personnel in Iraq are engaged in satis24 fying.
†

372

S 2400 PP

1 (f) FORMS OF REPORT.—The report required by this

2 section shall be submitted in classified and unclassified

3 forms.

4 (g) DEFINITIONS.—In this section:

5 (1) The term ‘‘contract security personnel’’ in6 cludes employees of a contractor or subcontractor

7 who, under a covered contract, provide security serv8 ices in Iraq to—

9 (A) personnel or facilities of the United

10 States Government or the Coalition Provisional

11 Authority;

12 (B) personnel or facilities of the Iraqi Gov13 ernment; or

14 (C) personnel or facilities of a contractor.

15 (2) The term ‘‘covered contract’’—

16 (A) means a contract entered into by an

17 agency of the United States Government or by

18 the Coalition Provisional Authority for the pro19 curement of products or services to be provided

20 in Iraq, regardless of the source of the funding

21 for such procurement; and

22 (B) includes a subcontract under such a

23 contract, regardless of the source of the funding

24 for such procurement.
†

373

S 2400 PP

1 (3) The term ‘‘national of the United States’’

2 has the meaning given such term in section 101(22)

3 of the Immigration and Nationality Act (8 U.S.C.

4 1101(22)).

5 (4) The term ‘‘national’’, except as provided in

6 paragraph (3), has the meaning given such term in

7 section 101(21) of such Act.

8 SEC. 1022. TECHNICAL CORRECTION TO REFERENCE TO

9 CERTAIN ANNUAL REPORTS.

10 Section 2474(f)(2) of title 10, United States Code,

11 is amended by striking ‘‘section 2466(e)’’ and inserting

12 ‘‘section 2466(d)’’.

13 SEC. 1023. STUDY OF ESTABLISHMENT OF MOBILIZATION

14 STATION AT CAMP RIPLEY NATIONAL GUARD

15 TRAINING CENTER, LITTLE FALLS, MIN16 NESOTA.

17 Not later than 120 days after the date of the enact18 ment of this Act, the Secretary of Defense shall carry out

19 and complete a study on the feasibility of the use of Camp

20 Ripley National Guard Training Center, Little Falls, Min21 nesota, as a mobilization station for reserve components

22 ordered to active duty under provisions of law referred to

23 in section 101(a)(13)(B) of title 10, United States Code.

24 The study shall include consideration of the actions nec25 essary to establish such center as a mobilization station.
†

374

S 2400 PP

1 SEC. 1024. REPORT ON TRAINING PROVIDED TO MEMBERS

2 OF THE ARMED FORCES TO PREPARE FOR

3 POST-CONFLICT OPERATIONS.

4 (a) STUDY ON TRAINING.—The Secretary of Defense

5 shall conduct a study to determine the extent to which

6 members of the Armed Forces assigned to duty in support

7 of contingency operations receive training in preparation

8 for post-conflict operations and to evaluate the quality of

9 such training.

10 (b) MATTERS TO BE INCLUDED IN STUDY.—As part

11 of the study under subsection (a), the Secretary shall spe12 cifically evaluate the following:

13 (1) The doctrine, training, and leader-develop14 ment system necessary to enable members of the

15 Armed Forces to successfully operate in post-conflict

16 operations.

17 (2) The adequacy of the curricula at military

18 educational facilities to ensure that the Armed

19 Forces has a cadre of members skilled in post-con20 flict duties, including a familiarity with applicable

21 foreign languages and foreign cultures.

22 (3) The training time and resources available to

23 members and units of the Armed Forces to develop

24 cultural awareness about ethnic backgrounds and re25 ligious beliefs of the people living in areas in which

26 post-conflict operations are likely to occur.
†

375

S 2400 PP

1 (4) The adequacy of training transformation to

2 emphasize post-conflict operations, including inter3 agency coordination in support of combatant com4 manders.

5 (c) REPORT ON STUDY.—Not later than May 1,

6 2005, the Secretary shall submit to the Committee on

7 Armed Services of the Senate and the Committee on

8 Armed Services of the House of Representatives a report

9 on the result of the study conducted under this section.

10 SEC. 1025. REPORT ON AVAILABILITY OF POTENTIAL OVER11 LAND BALLISTIC MISSILE DEFENSE TEST

12 RANGES.

13 The Secretary of Defense shall submit to Congress

14 a report assessing the availability to the Department of

15 Defense of potential ballistic missile defense test ranges

16 for overland intercept flight tests of defenses against bal17 listic missile systems with a range of 750 to 1,500 kilo18 meters.

19 SEC. 1026. OPERATION OF THE FEDERAL VOTING ASSIST20 ANCE PROGRAM AND THE MILITARY POSTAL

21 SYSTEM.

22 (a) REQUIREMENT FOR REPORTS.—(1) The Sec23 retary of Defense shall submit to Congress two reports

24 on the actions that the Secretary has taken to ensure

25 that—
†

376

S 2400 PP

1 (A) the Federal Voting Assistance Program

2 functions effectively to support absentee voting by

3 members of the Armed Forces deployed outside the

4 United States in support of Operation Iraqi Free5 dom, Operation Enduring Freedom, and all other

6 contingency operations; and

7 (B) the military postal system functions effec8 tively to support the morale of the personnel de9 scribed in subparagraph (A) and absentee voting by

10 such members.

11 (2)(A) The first report under paragraph (1) shall be

12 submitted not later than 60 days after the date of the

13 enactment of this Act.

14 (B) The second report under paragraph (1) shall be

15 submitted not later than 60 days after the date on which

16 the first report is submitted under that paragraph.

17 (3) In this subsection, the term ‘‘Federal Voting As18 sistance Program’’ means the program referred to in sec19 tion 1566(b)(1) of title 10, United States Code.

20 (b) IMPLEMENTATION OF RECOMMENDED POSTAL

21 SYSTEM IMPROVEMENTS.—Not later than 90 days after

22 the date of the enactment of this Act, the Secretary of

23 Defense shall submit to Congress a report setting forth—
†

377

S 2400 PP

1 (1) the actions taken to implement the rec2 ommendations of the Military Postal Service Agency

3 Task Force, dated 28 August 2000; and

4 (2) in the case of each such recommendation

5 not implemented or not fully implemented as of the

6 date of report, the reasons for not implementing or

7 not fully implementing such recommendation, as the

8 case may be.

9 SEC. 1027. REPORT ON ESTABLISHING NATIONAL CENTERS

10 OF EXCELLENCE FOR UNMANNED AERIAL

11 AND GROUND VEHICLES.

12 (a) REPORT REQUIRED.—Not later than 120 days

13 after the date of the enactment of this Act, the Secretary

14 of Defense shall submit to the congressional defense com15 mittees a report on the need for one or more national cen16 ters of excellence for unmanned aerial and ground vehi17 cles.

18 (b) GOAL OF CENTERS.—The goal of the centers cov19 ered by the report is to promote interservice cooperation

20 and coordination in the following areas:

21 (1) Development of joint doctrine for the orga22 nization, training, and use of unmanned aerial and

23 ground vehicles.
†

378

S 2400 PP

1 (2) Joint research, development, test, and eval2 uation, and joint procurement of unmanned aerial

3 and ground vehicles.

4 (3) Identification and coordination, in conjunc5 tion with the private sector and academia, of the fu6 ture development of unmanned aerial and ground ve7 hicles.

8 (4) Monitoring of the development and utiliza9 tion of unmanned aerial and ground vehicles in other

10 nations for both military and non-military purposes.

11 (5) The providing of joint training and profes12 sional development opportunities in the use and op13 eration of unmanned aerial and ground vehicles to

14 military personnel of all ranks and levels of responsi15 bility.

16 (c) REPORT REQUIREMENTS.—The report shall in17 clude, at a minimum, the following:

18 (1) A list of facilities where the Defense De19 partment currently conducts or plans to conduct re20 search, development, and testing activities on un21 manned aerial and ground vehicles.

22 (2) A list of facilities where the Department of

23 Defense currently deploys or has committed to de24 ploying unmanned aerial or ground vehicles.
†

379

S 2400 PP

1 (3) The extent to which existing facilities de2 scribed in paragraphs (1) and (2) have sufficient un3 used capacity and expertise to research, develop,

4 test, and deploy the current and next generations of

5 unmanned aerial and ground vehicles and to provide

6 for the development of doctrine on the use and

7 training of operators of such vehicles.

8 (4) The extent to which efficiencies on research,

9 development, testing, and deployment of existing or

10 future unmanned aerial and ground vehicles can be

11 achieved through consolidation at one or more na12 tional centers of excellence for unmanned aerial and

13 ground vehicles.

14 (5) A list of potential locations for national cen15 ters of excellence.

16 (d) CONSIDERATIONS.—In determining the potential

17 locations for the national centers of excellence under this

18 section, the Secretary of Defense shall take into consider19 ation existing Air Force facilities that have—

20 (1) a workforce of skilled personnel;

21 (2) existing capacity of runways and other fa22 cilities to accommodate the research, testing, and de23 ployment of current and future unmanned aerial ve24 hicles; and
†

380

S 2400 PP

1 (3) minimal restrictions on the research, devel2 opment, and testing of unmanned aerial vehicles re3 sulting from proximity to large population centers or

4 airspace heavily utilized by commercial flights.

5 SEC. 1028. REPORT ON POST-MAJOR COMBAT OPERATIONS

6 PHASE OF OPERATION IRAQI FREEDOM.

7 (a) REPORT REQUIRED.—(1) Not later than March

8 31, 2005, the Secretary of Defense shall submit to the

9 congressional defense committees a report on the conduct

10 of military operations during the post-major combat oper11 ations phase of Operation Iraqi Freedom.

12 (2) The report shall be prepared in consultation with

13 the Chairman of the Joint Chiefs of Staff, the Commander

14 of the United States Central Command, and such other

15 officials as the Secretary considers appropriate.

16 (b) CONTENT.—(1) The report shall include a discus17 sion of the matters described in paragraph (2), with a par18 ticular emphasis on accomplishments and shortcomings

19 and on near-term and long-term corrective actions to ad20 dress such shortcomings.

21 (2) The matters to be discussed in the report are as

22 follows:

23 (A) The military and political objectives of the

24 international coalition conducting the post-major

25 combat operations phase of Operation Iraqi Free-
†

381

S 2400 PP

1 dom, and the military strategy selected to achieve

2 such objectives, together with an assessment of the

3 execution of the military strategy.

4 (B) The mobilization process for the reserve

5 components of the Armed Forces, including the

6 timeliness of notification, training and certification,

7 and subsequent demobilization.

8 (C) The use and performance of major items of

9 United States military equipment, weapon systems,

10 and munitions (including non-lethal weapons and

11 munitions, items classified under special access pro12 cedures, and items drawn from prepositioned stocks)

13 and any expected effects of the experience with the

14 use and performance of such items on the doctrinal

15 and tactical employment of such items and on plans

16 for continuing the acquisition of such items.

17 (D) Any additional requirements for military

18 equipment, weapon systems, munitions, force struc19 ture, or other capability identified during the post20 major combat operations phase of Operation Iraqi

21 Freedom, including changes in type or quantity for

22 future operations.

23 (E) The effectiveness of joint air operations, to24 gether with an assessment of the effectiveness of—
†

382

S 2400 PP

1 (i) the employment of close air support;

2 and

3 (ii) attack helicopter operations.

4 (F) The use of special operations forces, includ5 ing operational and intelligence uses.

6 (G) The scope of logistics support, including

7 support to and from other nations and from inter8 national organizations and organizations and indi9 viduals from the private sector in Iraq.

10 (H) The incidents of accidental fratricide, in11 cluding a discussion of the effectiveness of the track12 ing of friendly forces and the use of the combat

13 identification systems in mitigating friendly fire inci14 dents.

15 (I) The adequacy of spectrum and bandwidth to

16 transmit information to operational forces and as17 sets, including unmanned aerial vehicles, ground ve18 hicles, and individual soldiers.

19 (J) The effectiveness of strategic, operational,

20 and tactical information operations, including psy21 chological operations and assets, organization, and

22 doctrine related to civil affairs, in achieving estab23 lished objectives, together with a description of tech24 nological and other restrictions on the use of infor25 mation operations capabilities.
†

383

S 2400 PP

1 (K) The readiness of the reserve component

2 forces used in the post-major combat operations

3 phase of Operation Iraqi Freedom, including an as4 sessment of the success of the reserve component

5 forces in accomplishing their missions.

6 (L) The adequacy of intelligence support during

7 the post-major combat operations phase of Oper8 ation Iraqi Freedom, including the adequacy of such

9 support in searches for weapons of mass destruction.

10 (M) The rapid insertion and integration, if any,

11 of developmental but mission-essential equipment,

12 organizations, or procedures during the post-major

13 combat operations phase of Operation Iraqi Free14 dom.

15 (N) A description of the coordination, commu16 nication, and unity of effort between the Armed

17 Forces, the Coalition Provisional Authority, other

18 United States government agencies and organiza19 tions, nongovernmental organizations, and political,

20 security, and nongovernmental organizations of Iraq,

21 including an assessment of the effectiveness of such

22 efforts.

23 (O) The adequacy of training for military units

24 once deployed to the United States Central Com25 mand, including training for changes in unit mission
†

384

S 2400 PP

1 and continuation training for high-intensity conflict

2 missions.

3 (P) An estimate of the funding required to re4 turn or replace equipment used to date in Operation

5 Iraqi Freedom, including equipment in prepositioned

6 stocks, to mission-ready condition.

7 (Q) A description of military civil affairs and

8 reconstruction efforts, including through the Com9 manders Emergency Response Program, and an as10 sessment of the effectiveness of such efforts and pro11 grams.

12 (R) The adequacy of the requirements deter13 mination and acquisition processes, acquisition, and

14 distribution of force protection equipment, including

15 personal gear, vehicles, helicopters, and defense de16 vices.

17 (S) The most critical lessons learned that could

18 lead to long-term doctrinal, organizational, and tech19 nological changes, and the probable effects that an

20 implementation of those changes would have on cur21 rent visions, goals, and plans for transformation of

22 the Armed Forces or the Department of Defense.

23 (T) The planning for and implementation of

24 morale, welfare, and recreation programs for de25 ployed forces and support to dependents, including
†

385

S 2400 PP

1 rest and recuperation programs and personal com2 munication benefits such as telephone, mail, and

3 email services, including an assessment of the effec4 tiveness of such programs.

5 (U) An analysis of force rotation plans, includ6 ing individual personnel and unit rotations, differing

7 deployment lengths, and in-theater equipment repair

8 and leave behinds.

9 (c) FORM OF REPORT.—The report shall be sub10 mitted in unclassified form, but may include a classified

11 annex.

12 (d) POST-MAJOR COMBAT OPERATIONS PHASE OF

13 OPERATION IRAQI FREEDOM DEFINED.—In this section,

14 the term ‘‘post-major combat operations phase of Oper15 ation Iraqi Freedom’’ means the period of Operation Iraqi

16 Freedom beginning on May 2, 2003, and ending on De17 cember 31, 2004.

18 SEC. 1029. COMPTROLLER GENERAL ANALYSIS OF USE OF

19 TRANSITIONAL BENEFIT CORPORATIONS IN

20 CONNECTION WITH COMPETITIVE SOURCING

21 OF PERFORMANCE OF DEPARTMENT OF DE22 FENSE ACTIVITIES AND FUNCTIONS.

23 (a) REQUIREMENT FOR ANALYSIS.—Not later than

24 February 1, 2005, the Comptroller General shall submit

25 to Congress an analysis of the potential for use of transi-
†

386

S 2400 PP

1 tional benefit corporations in connection with competitive

2 sourcing of the performance of activities and functions of

3 the Department of Defense.

4 (b) SPECIFIC ISSUES.—The analysis under this sec5 tion shall—

6 (1) address the capabilities of transitional ben7 efit corporations—

8 (A) to preserve human capital and surge

9 capability;

10 (B) to promote economic development and

11 job creation;

12 (C) to generate cost savings; and

13 (D) to generate efficiencies that are com14 parable to or exceed the efficiencies that result

15 from competitive sourcing carried out by the

16 Department of Defense under the procedures

17 applicable to competitive sourcing by the De18 partment of Defense; and

19 (2) identify areas within the Department of De20 fense in which transitional benefit corporations could

21 be used to add value, reduce costs, and provide op22 portunities for beneficial use of employees and other

23 resources that are displaced by competitive sourcing

24 of the performance of activities and functions of the

25 Department of Defense.
†

387

S 2400 PP

1 (d) TRANSITIONAL BENEFIT CORPORATION DE2 FINED.—In this section, the term ‘‘transitional benefit

3 corporation’’ means a corporation that facilitates the

4 transfer of designated (usually underutilized) real estate,

5 equipment, intellectual property, or other assets of the

6 United States to the private sector in a process that en7 ables employees of the United States in positions associ8 ated with the use of such assets to retain eligibility for

9 Federal employee benefits and to continue to accrue those

10 benefits.

11 SEC. 1029A. COMPTROLLER GENERAL STUDY OF PRO12 GRAMS OF TRANSITION ASSISTANCE FOR

13 PERSONNEL SEPARATING FROM THE ARMED

14 FORCES.

15 (a) REQUIREMENT FOR STUDY.—The Comptroller

16 General shall carry out a study of the programs of the

17 Department of Defense and other departments and agen18 cies of the Federal Government under which transition as19 sistance is provided to personnel who are separating from

20 active duty service in the Armed Forces.

21 (b) REPORT.—Not later than 180 days after the date

22 of the enactment of this Act, the Comptroller General shall

23 submit a report on the results of the study to the Commit24 tees on Armed Services of the Senate and the House of
†

388

S 2400 PP

1 Representatives. The report shall include the following

2 matters:

3 (1) Regarding the transition assistance pro4 grams under section 1142 and 1144 of title 10,

5 United States Code—

6 (A) an analysis of the extent to which such

7 programs are meeting the current needs of

8 members of the Armed Forces as such per9 sonnel are discharged or released from active

10 duty, including—

11 (i) a discussion of the original pur12 poses of the programs;

13 (ii) a discussion of how the programs

14 are currently being administered in rela15 tionship to those purposes; and

16 (iii) an assessment of whether the

17 programs are adequate to meet the current

18 needs of members of the reserve compo19 nents, including the National Guard; and

20 (B) any recommendations that the Comp21 troller General considers appropriate for im22 proving such programs, including any rec23 ommendation regarding whether participation

24 by members of the Armed Forces in such pro25 grams should be required.
†

389

S 2400 PP

1 (2) An analysis of the differences, if any,

2 among the Armed Forces and among the commands

3 of military installations of the Armed Forces regard4 ing how transition assistance is being provided under

5 the transition assistance programs, together with

6 any recommendations that the Comptroller General

7 considers appropriate—

8 (A) to achieve uniformity in the provision

9 of assistance under such programs; and

10 (B) to ensure that the transition assistance

11 is provided under such programs to members of

12 the Armed Forces who are being separated at

13 medical facilities of the uniformed services or

14 Department of Veterans Affairs medical centers

15 and to Armed Forces personnel on a temporary

16 disability retired list under section 1202 or

17 1205 of title 10, United States Code.

18 (3) An analysis of the relationship of Depart19 ment of Defense transition assistance programs to

20 the transition assistance programs of the Depart21 ment of Veterans Affairs and the Department of

22 Labor, including the relationship of the benefits de23 livery at discharge program carried out jointly by

24 the Department of Defense and the Department of
†

390

S 2400 PP

1 Veterans Affairs to the other transition assistance

2 programs.

3 (4) The rates of participation of Armed Forces

4 personnel in the transition assistance programs, to5 gether with any recommendations that the Comp6 troller General considers appropriate to increase

7 such participation rates, including any revisions of

8 such programs that could result in increased partici9 pation.

10 (5) An assessment of whether the transition as11 sistance information provided to Armed Forces per12 sonnel omits transition information that would be

13 beneficial to such personnel, including an assessment

14 of the extent to which information is provided under

15 the transition assistance programs regarding partici16 pation in Federal Government procurement opportu17 nities available at prime contract and subcontract

18 levels to veterans with service-connected disabilities

19 and other veterans, together with any recommenda20 tions that the Comptroller General considers appro21 priate regarding additional information that should

22 be provided and any other recommendations that the

23 Comptroller General considers appropriate for en24 hancing the provision of counseling on such procure25 ment opportunities.
†

391

S 2400 PP

1 (6) An assessment of the extent to which rep2 resentatives of military service organizations and

3 veterans’ service organizations are afforded opportu4 nities to participate, and do participate, in

5 preseparation briefings under transition assistance

6 programs, together with any recommendations that

7 the Comptroller General considers appropriate re8 garding how representatives of such organizations

9 could better be used to disseminate transition assist10 ance information and provide preseparation coun11 seling to Armed Forces personnel, including per12 sonnel of the reserve components who are being re13 leased from active duty for continuation of service in

14 the reserve components.

15 (7) An analysis of the use of post-deployment

16 and predischarge health screenings, together with

17 any recommendations that the Comptroller General

18 considers appropriate regarding whether and how to

19 integrate the health screening process and the tran20 sition assistance programs into a single, coordinated

21 preseparation program for Armed Forces personnel

22 being discharged or released from active duty.

23 (8) An analysis of the processes of the Armed

24 Forces for conducting physical examinations of
†

392

S 2400 PP

1 members of the Armed Forces in connection with

2 discharge and release from active duty, including—

3 (A) how post-deployment questionnaires

4 are used;

5 (B) the extent to which Armed Forces per6 sonnel waive the physical examinations; and

7 (C) how, and the extent to which, Armed

8 Forces personnel are referred for followup

9 health care.

10 (9) A discussion of the current process by

11 which mental health screenings are conducted, fol12 lowup mental health care is provided for, and serv13 ices are provided in cases of post-traumatic stress

14 disorder and related conditions for members of the

15 Armed Forces in connection with discharge and re16 lease from active duty, together with—

17 (A) for each of the Armed Forces, the pro18 grams that are in place to identify and treat

19 cases of post-traumatic stress disorder and re20 lated conditions; and

21 (B) for persons returning from deploy22 ments in connection with Operation Enduring

23 Freedom and Operation Iraqi Freedom—

24 (i) the number of persons treated as

25 a result of such screenings; and
†

393

S 2400 PP

1 (ii) the types of interventions.

2 (c) ACQUISITION OF SUPPORTING INFORMATION.—In

3 carrying out the study under this section, the Comptroller

4 General shall seek to obtain views from the following per5 sons:

6 (1) The Secretary of Defense and the Secre7 taries of the military departments.

8 (2) The Secretary of Veterans Affairs.

9 (3) The Secretary of Labor.

10 (4) Armed Forces personnel who have received

11 transition assistance under the programs covered by

12 the study and Armed Forces personnel who have de13 clined to accept transition assistance offered under

14 such programs.

15 (5) Representatives of military service organiza16 tions and representatives of veterans’ service organi17 zations.

18 (6) Persons having expertise in health care (in19 cluding mental health care) provided under the De20 fense Health Program, including Department of De21 fense personnel, Department of Veterans Affairs

22 personnel, and persons in the private sector.
†

394

S 2400 PP

1 SEC. 1029B. STUDY ON COORDINATION OF JOB TRAINING

2 AND CERTIFICATION STANDARDS.

3 (a) REQUIREMENT FOR STUDY.—The Secretary of

4 Defense and the Secretary of Labor shall jointly carry out

5 a study to determine ways to coordinate the standards ap6 plied by the Armed Forces for the training and certifi7 cation of members of the Armed Forces in military occu8 pational specialties with the standards that are applied to

9 corresponding civilian occupations by occupational licens10 ing or certification agencies of governments and occupa11 tional certification agencies in the private sector.

12 (b) REPORT.—Not later than 180 days after the date

13 of the enactment of this Act, the Secretary of Labor shall

14 submit a joint report on the results of the study under

15 subsection (a) to Congress.

16 SEC. 1029C. CONTENT OF PRESEPARATION COUNSELING

17 FOR PERSONNEL SEPARATING FROM ACTIVE

18 DUTY SERVICE.

19 Section 1142 of title 10, United States Code, is

20 amended—

21 (1) by adding at the end of subsection (b) the

22 following new paragraph:

23 ‘‘(11) Information on participation in Federal

24 Government procurement opportunities that are

25 available at the prime contract level and at sub-
†

395

S 2400 PP

1 contract levels to veterans with service-connected

2 disabilities and other veterans.’’; and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(d) REQUIREMENTS RELATING TO COUNSELING ON

6 PROCUREMENT OPPORTUNITIES.—(1) For the counseling

7 under subsection (b)(11), the Secretary concerned may

8 provide for participation of representatives of the Sec9 retary of Veterans Affairs, representatives of the Adminis10 trator of the Small Business Administration, representa11 tives of other appropriate executive agencies, and rep12 resentatives of Veterans’ Business Outreach Centers and

13 Small Business Development Centers.

14 ‘‘(2) The Secretary concerned may provide for the

15 counseling under paragraph (11) of subsection (b) to be

16 offered at medical centers of the Department of Veterans

17 Affairs as well as the medical care facilities of the uni18 formed services and other facilities at which the counseling

19 on the other matters required under such subsection is

20 offered. The access of representatives described in para21 graph (1) to a member of the armed forces to provide such

22 counseling shall be subject to the consent of that mem23 ber.’’.
†

396

S 2400 PP

1 SEC. 1029D. PERIODIC DETAILED ACCOUNTING FOR OPER2 ATIONS OF THE GLOBAL WAR ON TER3 RORISM.

4 (a) QUARTERLY ACCOUNTING.—Not later than 45

5 days after the end of each quarter of a year, the Secretary

6 of Defense shall submit to the congressional defense com7 mittees, for such quarter for each operation described in

8 subsection (b), a full accounting of all costs incurred for

9 such operation during such quarter and all amounts ex10 pended during such quarter for such operation, and the

11 purposes for which such costs were incurred and such

12 amounts were expended.

13 (b) OPERATIONS COVERED.—The operations referred

14 to in subsection (a) are as follows:

15 (1) Operation Iraqi Freedom.

16 (2) Operation Enduring Freedom.

17 (3) Operation Noble Eagle.

18 (4) Any other operation that the President des19 ignates as being an operation of the Global War on

20 Terrorism.

21 (c) REQUIREMENT FOR COMPREHENSIVENESS.—For

22 the purpose of providing a full and complete accounting

23 of the costs and expenditures under subsection (a) for op24 erations described in subsection (b), the Secretary shall

25 account in the quarterly submission under subsection (a)
†

397

S 2400 PP

1 for all costs and expenditures that are reasonably attrib2 utable to such operations, including personnel costs.

3 SEC. 1029E. REPORT ON THE STABILIZATION OF IRAQ.

4 Not later than 120 days after the date of the enact5 ment of this Act, the President shall submit to the con6 gressional defense committees an unclassified report (with

7 classified annex, if necessary) on the strategy of the

8 United States and coalition forces for stabilizing Iraq. The

9 report shall contain a detailed explanation of the strategy,

10 together with the following information:

11 (1) A description of the efforts of the President

12 to work with the United Nations to provide support

13 for, and assistance to, the transitional government in

14 Iraq, and, in particular, the efforts of the President

15 to negotiate and secure adoption by the United Na16 tions Security Council of Resolution 1546.

17 (2) A description of the efforts of the President

18 to continue to work with North Atlantic Treaty Or19 ganization (NATO) member states and non-NATO

20 member states to provide support for and augment

21 coalition forces, including efforts, as determined by

22 the United States combatant commander, in con23 sultation with coalition forces, to evaluate the—
†

398

S 2400 PP

1 (A) the current military forces of the

2 NATO and non-NATO member countries de3 ployed to Iraq;

4 (B) the current police forces of NATO and

5 non-NATO member countries deployed to Iraq;

6 and

7 (C) the current financial resources of

8 NATO and non-NATO member countries pro9 vided for the stabilization and reconstruction of

10 Iraq.

11 (3) As a result of the efforts described in para12 graph (2)—

13 (A) a list of the NATO and non-NATO

14 member countries that have deployed and will

15 have agreed to deploy military and police forces;

16 and

17 (B) with respect to each such country, the

18 schedule and level of such deployments.

19 (4) A description of the efforts of the United

20 States and coalition forces to develop the domestic

21 security forces of Iraq for the internal security and

22 external defense of Iraq, including a description of

23 United States plans to recruit, train, equip, and de24 ploy domestic security forces of Iraq.
†

399

S 2400 PP

1 (5) As a result of the efforts described in para2 graph (4)—

3 (A) the number of members of the security

4 forces of Iraq that have been recruited;

5 (B) the number of members of the security

6 forces of Iraq that have been trained; and

7 (C) the number of members of the security

8 forces of Iraq that have been deployed.

9 (6) A description of the efforts of the United

10 States and coalition forces to assist in the recon11 struction of essential infrastructure of Iraq, includ12 ing the oil industry, electricity generation, roads,

13 schools, and hospitals.

14 (7) A description of the efforts of the United

15 States, coalition partners, and relevant international

16 agencies to assist in the development of political in17 stitutions and prepare for democratic elections in

18 Iraq.

19 (8) A description of the obstacles, including fi20 nancial, technical, logistic, personnel, political, and

21 other obstacles, faced by NATO in generating and

22 deploying military forces out of theater to locations

23 such as Iraq.
†

400

S 2400 PP

1 SEC. 1029F. REPORTS ON MATTERS RELATING TO DETAIN2 MENT OF PRISONERS BY THE DEPARTMENT

3 OF DEFENSE.

4 (a) REPORTS REQUIRED.—Not later than 90 days

5 after the date of the enactment of this Act, and annually

6 thereafter, the Secretary of Defense shall submit to the

7 appropriate committees of Congress a report on the popu8 lation of persons held by the Department of Defense for

9 more than 45 days and on the facilities in which such per10 sons are held.

11 (b) REPORT ELEMENTS.—Each report under sub12 section (a) shall include the following:

13 (1) General information on the foreign national

14 detainees in the custody of the Department on the

15 date of such report, including the following:

16 (A) The best estimate of the Department

17 of the number of the total number of detainees

18 in the custody of the Department as of the date

19 of such report.

20 (B) The countries in which such detainees

21 were detained, and the number of detainees de22 tained in each such country.

23 (C) The best estimate of the Department

24 of the total number of detainees released from

25 the custody of the Department during the one26 year period ending on the date of such report.
†

401

S 2400 PP

1 (2) For each foreign national detained and

2 registered with the National Detainee Reporting

3 Center by the Department on the date of such

4 report the following:

5 (A) The Internment Serial Number or

6 other appropriate identification number.

7 (B) The nationality, if available.

8 (C) The place at which taken into custody,

9 if available.

10 (D) The circumstances of being taken into

11 custody, if available.

12 (E) The place of detention.

13 (F) The current length of detention.

14 (G) A categorization as a civilian detainee,

15 enemy prisoner of war/prisoner of war, or

16 enemy combatant.

17 (H) Information as to transfer to the juris18 diction of another country, including the iden19 tity of such country.

20 (3) Information on the detention facilities and

21 practices of the Department for the one-year period

22 ending on the date of such report, including for each

23 facility of the Department at which detainees were

24 detained by the Department during such period the

25 following:
†

402

S 2400 PP

1 (A) The name of such facility.

2 (B) The location of such facility.

3 (C) The number of detainees detained at

4 such facility as of the end of such period.

5 (D) The capacity of such facility.

6 (E) The number of military personnel as7 signed to such facility as of the end of such pe8 riod.

9 (F) The number of other employees of the

10 United States Government assigned to such fa11 cility as of the end of such period.

12 (G) The number of contractor personnel

13 assigned to such facility as of the end of such

14 period.

15 (c) FORM OF REPORT.—Each report under sub16 section (a) shall be submitted in unclassified form, but

17 may include a classified annex.

18 (d) APPROPRIATE COMMITTEES OF CONGRESS DE19 FINED.—In this section, the term ‘‘appropriate commit20 tees of Congress’’ means—

21 (1) the Committee on Armed Services and the

22 Select Committee on Intelligence of the Senate; and

23 (2) the Committee on Armed Services and the

24 Permanent Select Committee on Intelligence of the

25 House of Representatives.
†

403

S 2400 PP

1 Subtitle D—Matters Relating to

2 Space

3 SEC. 1031. SPACE POSTURE REVIEW.

4 (a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—

5 In order to clarify the national security space policy and

6 strategy of the United States for the near term, the Sec7 retary of Defense shall conduct a comprehensive review

8 of the space posture of the United States over the posture

9 review period.

10 (b) ELEMENTS OF REVIEW.—The review conducted

11 under subsection (a) shall include, for the posture review

12 period, the following:

13 (1) The role of space in United States military

14 and national security strategy, planning, and pro15 gramming.

16 (2) The policy, requirements, and objectives for

17 space situational awareness.

18 (3) The policy, requirements, and objectives for

19 space control.

20 (4) The policy, requirements, and objectives for

21 space superiority, including defensive and offensive

22 counterspace.

23 (5) The policy, requirements, and objectives for

24 space exploitation, including force enhancement and

25 force application.
†

404

S 2400 PP

1 (6) The policy, requirements, and objectives for

2 intelligence surveillance and reconnaissance from

3 space.

4 (7) Current and planned space programs, in5 cluding how each such program will address the pol6 icy, requirements, and objectives described in para7 graphs (1) through (6).

8 (8) The relationship among United States mili9 tary space policy and national security space policy,

10 space objectives, and arms control policy.

11 (9) The type of systems, including space sys12 tems, that are necessary to implement United States

13 military and national security space policies.

14 (10) The effect of United States national secu15 rity space policy on weapons proliferation.

16 (c) REPORTS.—(1) Not later than March 15, 2005,

17 the Secretary of Defense shall submit to the congressional

18 defense committees an interim report on the review con19 ducted under subsection (a).

20 (2) Not later than December 31, 2005, the Secretary

21 shall submit to the congressional defense committees a

22 final report on the review.

23 (3) Each report under this subsection shall be sub24 mitted in unclassified form, but may include a classified

25 annex.
†

405

S 2400 PP

1 (4) The reports under this subsection shall also be

2 submitted to the Select Committee on Intelligence of the

3 Senate and the Permanent Select Committee on Intel4 ligence of the House of Representatives.

5 (d) JOINT UNDERTAKING WITH THE DIRECTOR OF

6 CENTRAL INTELLIGENCE.—The Secretary of Defense

7 shall conduct the review under this section, and submit

8 the reports under subsection (c), jointly with the Director

9 of Central Intelligence.

10 (e) POSTURE REVIEW PERIOD DEFINED.—In this

11 section, the term ‘‘posture review period’’ means the pe12 riod beginning one year after the date of the enactment

13 of this Act and ending ten years after that date.

14 SEC. 1032. PANEL ON THE FUTURE OF MILITARY SPACE

15 LAUNCH.

16 (a) IN GENERAL.—(1) The Secretary of Defense

17 shall enter into a contract with a federally funded research

18 and development center to establish a panel on the future

19 military space launch requirements of the United States,

20 including means of meeting such requirements.

21 (2) The Secretary shall enter into the contract not

22 later than 60 days after the date of the enactment of this

23 Act.

24 (b) MEMBERSHIP AND ADMINISTRATION OF

25 PANEL.—(1) The panel shall consist of individuals se-
†

406

S 2400 PP

1 lected by the federally funded research and development

2 center from among private citizens of the United States

3 with knowledge and expertise in one or more of the fol4 lowing areas:

5 (A) Space launch operations.

6 (B) Space launch technologies.

7 (C) Satellite and satellite payloads.

8 (D) State and national launch complexes.

9 (E) Space launch economics.

10 (2) The federally funded research and development

11 center shall establish appropriate procedures for the ad12 ministration of the panel, including designation of the

13 chairman of the panel from among its members.

14 (3) All panel members shall hold security clearances

15 appropriate for the work of the panel.

16 (4) The panel shall convene its first meeting not later

17 than 30 days after the date on which all members of the

18 panel have been selected.

19 (c) DUTIES.—(1) The panel shall conduct a review

20 and assessment of the future military space launch re21 quirements of the United States, including the means of

22 meeting such requirements.

23 (2) The review and assessment shall take into ac24 count matters as follows:

25 (A) Launch economics.
†

407

S 2400 PP

1 (B) Operational concepts and architectures.

2 (C) Launch technologies, including—

3 (i) reusable launch vehicles;

4 (ii) expendable launch vehicles;

5 (iii) low cost options; and

6 (iv) revolutionary approaches.

7 (D) Payloads, including their implications for

8 launch requirements.

9 (E) Launch infrastructure.

10 (F) Launch industrial base.

11 (G) Relationships among military, civilian, and

12 commercial launch requirements.

13 (3) The review and assessment shall address military

14 space launch requirements over each of the 5-year, 10-

15 year, and 15-year periods beginning with 2005.

16 (d) COOPERATION OF FEDERAL AGENCIES.—(1) The

17 panel may secure directly from the Department of Defense

18 or any other department or agency of the Federal Govern19 ment any information that the panel considers necessary

20 to carry out its duties.

21 (2) The Secretary of Defense shall designate at least

22 one senior civilian employee of the Department of Defense

23 and at least one general or flag officer of an Armed Force

24 to serve as liaison between the Department, the Armed

25 Forces, and the panel.
†

408

S 2400 PP

1 (e) REPORT.—Not later than one year after the date

2 of the first meeting of the panel under subsection (b)(4),

3 the panel shall submit to the Secretary of Defense, the

4 congressional defense committees, the Select Committee

5 on Intelligence of the Senate, and the Permanent Select

6 Committee on Intelligence of the House of Representatives

7 a report on the results of the review and assessment under

8 subsection (c). The report shall include—

9 (1) the findings and conclusions of the panel on

10 the future military space launch requirements of the

11 United States, including means of meeting such re12 quirements;

13 (2) the assessment of panel, and any rec14 ommendations of the panel, on—

15 (A) launch operational concepts and archi16 tectures;

17 (B) launch technologies;

18 (C) launch enabling technologies; and

19 (D) priorities for funding; and

20 (3) the assessment of the panel as to the best

21 means of meeting the future military space launch

22 requirements of the United States.

23 (f) TERMINATION.—The panel shall terminate 16

24 months after the date on which the chairman of the panel

25 is designated pursuant to subsection (b)(2).
†

409

S 2400 PP

1 (g) FUNDING.—Amounts authorized to be appro2 priated to the Department of Defense shall be available

3 to the Secretary of Defense for purposes of the contract

4 required by subsection (a).

5 SEC. 1033. OPERATIONALLY RESPONSIVE NATIONAL SECU6 RITY PAYLOADS FOR SPACE SATELLITES.

7 (a) PLANNING, PROGRAMMING, AND MANAGE8 MENT.—(1) Chapter 135 of title 10, United States Code,

9 is amended by inserting after section 2273 the following

10 new section:

11 ‘‘§ 2273a. Operationally responsive national security

12 payloads

13 ‘‘(a) REQUIREMENT FOR PROGRAM ELEMENT.—The

14 Secretary of Defense shall ensure that operationally re15 sponsive national security payloads of the Department of

16 Defense for space satellites are planned, programmed, and

17 budgeted for as a separate, dedicated program element.

18 ‘‘(b) MANAGEMENT AUTHORITY.—The Secretary of

19 Defense shall assign management authority for the pro20 gram element required under subsection (a) to the Direc21 tor of the Office of Force Transformation.

22 ‘‘(c) DEFINITION OF OPERATIONALLY RESPON23 SIVE.—In this section, the term ‘operationally responsive’,

24 with respect to a national security payload for a space sat-
†

410

S 2400 PP

1 ellite, means an experimental or operational payload not

2 in excess of 5,000 pounds that—

3 ‘‘(1) can be developed and acquired within 18

4 months after authority to proceed with development

5 is granted; and

6 ‘‘(2) is responsive to requirements for capabili7 ties at the operational and tactical levels of war8 fare.’’.

9 (2) The table of sections at the beginning of such

10 chapter is amended by inserting after the item relating

11 to section 2273 the following new item:

‘‘2273a. Operationally responsive national security payloads.’’.

12 (b) TIME FOR IMPLEMENTATION.—Section 2273a(a)

13 of title 10, United States Code, shall apply with respect

14 to fiscal years beginning after September 30, 2005.

15 (c) FUNDING.—Of the amount authorized to be ap16 propriated under section 201(4), $25,000,000 shall be

17 available for research, development, test, and evaluation

18 of operationally responsive national security payloads for

19 space satellites.

20 SEC. 1034. NONDISCLOSURE OF CERTAIN PRODUCTS OF

21 COMMERCIAL SATELLITE OPERATIONS.

22 (a) DISCLOSURE PROHIBITED.—Land remote sens23 ing information may not be disclosed under section 552

24 of title 5, United States Code.
†

411

S 2400 PP

1 (b) LAND REMOTE SENSING INFORMATION DE2 FINED.—In this section, the term ‘‘land remote sensing

3 information’’—

4 (1) means any data that—

5 (A) are collected by land remote sensing;

6 and

7 (B) are prohibited from sale to customers

8 other than the United States Government and

9 its affiliated users under the Land Remote

10 Sensing Policy Act of 1992 (15 U.S.C. 5601 et

11 seq.); and

12 (2) includes any imagery and other product

13 that is derived from such data.

14 (c) STATE OR LOCAL GOVERNMENT DISCLOSURES.—

15 Land remote sensing information provided by the head of

16 a department or agency of the United States to a State

17 or local government may not be made available to the gen18 eral public under any State or local law relating to the

19 disclosure of information or records.

20 (d) SAFEGUARDING INFORMATION.—The head of

21 each department or agency of the United States having

22 land remote sensing information within that department

23 or agency or providing such information to a State or local

24 government shall take such actions, commensurate with

25 the sensitivity of that information, as are necessary to pro-
†

412

S 2400 PP

1 tect that information from disclosure prohibited under this

2 section.

3 (e) OTHER DEFINITIONS.—In this section, the terms

4 ‘‘land remote sensing’’ and ‘‘United States Government

5 and its affiliated users’’ have the meanings given such

6 terms in section 3 of such Act (15 U.S.C. 5602).

7 SEC. 1035. SENSE OF CONGRESS ON SPACE LAUNCH

8 RANGES.

9 It is the sense of Congress that the Secretary of De10 fense should provide support for, and continue the devel11 opment, certification, and deployment of range safety sys12 tems that are capable of—

13 (1) reducing costs related to national security

14 space launches and launch infrastructure; and

15 (2) enhancing technical capabilities and oper16 ational safety at the Eastern, Western, and other

17 United States space launch ranges.

18 Subtitle E—Defense Against

19 Terrorism

20 SEC. 1041. TEMPORARY ACCEPTANCE OF COMMUNICA21 TIONS EQUIPMENT PROVIDED BY LOCAL

22 PUBLIC SAFETY AGENCIES.

23 (a) AUTHORITY.—Chapter 155 of title 10, United

24 States Code, is amended by adding at the end the fol25 lowing new section:
†

413

S 2400 PP

1 ‘‘§ 2613. Emergency communications equipment: tem2 porary acceptance from local public safe3 ty agencies

4 ‘‘(a) AUTHORITY FOR TEMPORARY ACCEPTANCE OF

5 EQUIPMENT.—(1) Under regulations prescribed by the

6 Secretary concerned, the commander of a military installa7 tion may include in a disaster response agreement with

8 a local public safety agency a clause that provides for the

9 commander to accept from the public safety agency for

10 use during a natural or man-made disaster any commu11 nications equipment that is useful for communicating with

12 such agency during a joint response by the commander

13 and such agency to such disaster.

14 ‘‘(2) The authority under paragraph (1) includes au15 thority to accept services related to the operation and

16 maintenance of communications equipment accepted

17 under that paragraph.

18 ‘‘(3) In the case of a military installation adminis19 tered by an officer or employee of the United States, such

20 officer or employee may exercise the authority of a com21 mander under this section.

22 ‘‘(b) CONDITIONS.—Acceptance of communications

23 equipment and services by a commander from a public

24 safety agency under subsection (a) is subject to the fol25 lowing conditions:
†

414

S 2400 PP

1 ‘‘(1) Acceptance of equipment is authorized

2 only to the extent that communications equipment

3 under the control of the commander is inadequate to

4 meet requirements for communicating with that pub5 lic safety agency during a joint response to a dis6 aster.

7 ‘‘(2) Acceptance of services for the operation or

8 maintenance of communications equipment is au9 thorized only to the extent that capabilities under

10 the control of the commander are inadequate to op11 erate or maintain such equipment.

12 ‘‘(c) LIABILITY.—(1) An emergency response agree13 ment under this section shall include a clause that—

14 ‘‘(A) specifies the means for the commander to

15 pay for use, loss, or damage of equipment, and for

16 services, accepted under the agreement; or

17 ‘‘(B) ensures that the United States is not lia18 ble for costs incurred for the acceptance and use of

19 the equipment or services nor for any loss or damage

20 of such equipment.

21 ‘‘(2) No person providing services accepted under an

22 emergency response agreement may be considered to be

23 an officer, employee, or agent of the United States for any

24 purpose.
†

415

S 2400 PP

1 ‘‘(d) GUIDANCE.—The Secretary of Defense shall

2 prescribe guidance for the administration of the require3 ments and authority under this section.

4 ‘‘(e) DEFINITIONS.—In this section:

5 ‘‘(1) The term ‘emergency response agreement’

6 means a memorandum of agreement or memo7 randum of understanding that provides for mutual

8 support by Department of Defense personnel and

9 local public safety agency personnel in response to a

10 natural or man-made disaster.

11 ‘‘(2) The term ‘military installation’ has the

12 meaning given such term in section 2801(c) of this

13 title.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of such chapter is amended by adding

16 at the end the following new item:

‘‘2613. Emergency communications equipment: temporary acceptance from local

public safety agencies.’’.

17 SEC. 1042. FULL-TIME DEDICATION OF AIRLIFT SUPPORT

18 FOR HOMELAND DEFENSE OPERATIONS.

19 (a) DETERMINATION REQUIRED.—(1) The Secretary

20 of Defense shall determine the feasibility and advisability

21 of dedicating an airlift capability of the Armed Forces on

22 a full-time basis to the support of homeland defense oper23 ations, including operations in support of contingent re24 quirements for transporting Weapons of Mass Destruction
†

416

S 2400 PP

1 Civil Support Teams, Air Force expeditionary medical

2 teams, and Department of Energy emergency response

3 teams in response to natural disasters and man-made dis4 asters.

5 (2) In making the determination under paragraph

6 (1), the Secretary shall take into consideration the results

7 of the study required under subsection (b).

8 (b) REQUIREMENT FOR STUDY AND PLAN.—(1) The

9 Secretary of Defense shall conduct a study of the existing

10 plans and capabilities of the Department of Defense for

11 meeting contingent requirements for transporting teams

12 described in subsection (a)(1) in response to natural disas13 ters and man-made disasters.

14 (2) The Secretary shall prepare a plan for resolving

15 any deficiencies in the existing plans and capabilities for

16 meeting the transportation requirements described in

17 paragraph (1).

18 (3) The Secretary of Defense shall require the com19 mander of the United States Northern Command and the

20 commander of the United States Transportation Com21 mand to carry out jointly the study required under para22 graph (1) and to prepare jointly the plan required under

23 paragraph (2).

24 (c) REPORT.—Not later than April 1, 2005, the Sec25 retary shall submit to the Committees on Armed Services
†

417

S 2400 PP

1 of the Senate and the House of Representatives a report

2 on the results of the study under subsection (b). The re3 port shall include the following matters:

4 (1) The Secretary’s determination under sub5 section (a).

6 (2) An assessment and discussion of the ade7 quacy of existing plans and capabilities of the De8 partment of Defense for meeting the transportation

9 requirements described in subsection (b)(1).

10 (3) The plan required under subsection (b)(2).

11 (d) DEFINITION.—In this section, the term ‘‘Weap12 ons of Mass Destruction Civil Support Team’’ has the

13 meaning given such term in section 305b(e) of title 37,

14 United States Code.

15 SEC. 1043. SURVIVABILITY OF CRITICAL SYSTEMS EXPOSED

16 TO CHEMICAL OR BIOLOGICAL CONTAMINA17 TION.

18 (a) REQUIREMENT FOR IMPLEMENTATION PLAN.—

19 Not later than 120 days after the date of the enactment

20 of this Act, the Secretary of Defense shall submit to the

21 congressional defense committees a plan, for implementa22 tion by the Department of Defense, that sets forth a sys23 tematic approach for ensuring the survivability of defense

24 critical systems upon contamination of such systems by

25 chemical or biological agents.
†

418

S 2400 PP

1 (b) CONTENT.—At a minimum, the plan under sub2 section (a) shall include—

3 (1) policies for ensuring that the survivability of

4 defense critical systems in the event of contamina5 tion by chemical or biological agents is adequately

6 addressed throughout the Department of Defense;

7 (2) a systematic process for identifying which

8 systems are defense critical systems;

9 (3) specific testing procedures to be used dur10 ing the design and development of new defense crit11 ical systems; and

12 (4) a centralized database that—

13 (A) contains comprehensive information on

14 the effects of chemical and biological agents

15 and decontaminants on materials used in de16 fense critical systems; and

17 (B) is easily accessible to personnel who

18 have duties to ensure the survivability of de19 fense critical systems upon contamination of

20 such systems by chemical and biological agents.

21 (c) DEFENSE CRITICAL SYSTEMS DEFINED.—In this

22 section, the term ‘‘defense critical system’’ means a De23 partment of Defense system that is critical to the national

24 security of the United States.
†

419

S 2400 PP

1 Subtitle F—Matters Relating to

2 Other Nations

3 SEC. 1051. HUMANITARIAN ASSISTANCE FOR THE DETEC4 TION AND CLEARANCE OF LANDMINES AND

5 EXPLOSIVE REMNANTS OF WAR.

6 (a) RESTATEMENT AND EXPANSION OF AUTHOR7 ITY.—(1) Chapter 20 of title 10, United States Code, is

8 amended by adding at the end the following new section:

9 ‘‘§ 406. Humanitarian assistance for the detection and

10 clearance of landmines and explosive

11 remnants of war

12 ‘‘(a) IN GENERAL.—Under regulations prescribed by

13 the Secretary of Defense, members of the armed forces

14 may provide humanitarian assistance for the detection and

15 clearance of landmines or explosive remnants of war in

16 a foreign country, including activities relating to the fur17 nishing of education, training, and technical assistance, if

18 the Secretary determines that the provision of such assist19 ance will promote—

20 ‘‘(1) the security interests of both the United

21 States and the country in which such assistance is

22 to be provided; and

23 ‘‘(2) the specific operational readiness skills of

24 the members of the armed forces who provide such

25 assistance.
†

420

S 2400 PP

1 ‘‘(b) LIMITATIONS ON ACTIVITIES OF MEMBERS OF

2 THE ARMED FORCES.—The Secretary shall ensure that

3 no member of the armed forces, while providing assistance

4 under this section—

5 ‘‘(1) engages in the physical detection, lifting or

6 destroying of landmines or explosive remnants of

7 war (unless the member does so for the concurrent

8 purpose of supporting a United States military oper9 ation); or

10 ‘‘(2) provides such assistance as part of a mili11 tary operation that does not involve the armed

12 forces.

13 ‘‘(c) REQUIREMENT FOR APPROVAL OF SECRETARY

14 OF STATE.—Humanitarian assistance for the detection

15 and clearance of landmines and remnants of war may not

16 be provided under this section to any foreign country un17 less the Secretary of State specifically approves the provi18 sion of such assistance to such foreign country.

19 ‘‘(d) AVAILABILITY OF FUNDS FOR CERTAIN EX20 PENSES.—(1) To the extent provided in Acts authorizing

21 appropriations for military activities of the Department of

22 Defense, funds authorized to be appropriated to the De23 partment for a fiscal year for humanitarian assistance

24 shall be available for the purpose of providing assistance

25 under this section.
†

421

S 2400 PP

1 ‘‘(2) Expenses incurred as a direct result of providing

2 humanitarian assistance under this section to a foreign

3 country shall be paid out of funds specifically appropriated

4 for such purpose.

5 ‘‘(3) Expenses covered by paragraph (2) include the

6 following:

7 ‘‘(A) Travel, transportation, and subsistence ex8 penses of Department of Defense personnel pro9 viding humanitarian assistance under this section.

10 ‘‘(B) The cost of any equipment, services, or

11 supplies acquired for the purpose of carrying out or

12 supporting the provision of such assistance, includ13 ing any nonlethal, individual, or small-team land14 mine or explosive remnant of war clearing equipment

15 or supplies that are to be transferred or otherwise

16 furnished to a foreign country in furtherance of the

17 provision of assistance under this section.

18 ‘‘(4) The cost of equipment, services and supplies

19 provided in any fiscal year to a foreign country under

20 paragraph (3)(B) may not exceed $5,000,000.’’.

21 (2) The table of sections at the beginning of such

22 chapter is amended by adding at the end the following

23 new item:

‘‘406. Humanitarian assistance for the detection and clearance of landmines and

explosive remnants of war.’’.
†

422

S 2400 PP

1 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section

2 401 of such title is amended—

3 (1) in subsection (a), by striking paragraph (4);

4 (2) in subsection (b)—

5 (A) in paragraph (1), by striking ‘‘(1)’’;

6 and

7 (B) by striking paragraph (2);

8 (3) in subsection (c)—

9 (A) by striking paragraphs (2) and (3);

10 and

11 (B) by redesignating paragraph (4) as

12 paragraph (2); and

13 (4) in subsection (e), by striking paragraph (5).

14 SEC. 1052. USE OF FUNDS FOR UNIFIED COUNTERDRUG

15 AND COUNTERTERRORISM CAMPAIGN IN CO16 LOMBIA.

17 (a) AUTHORITY.—(1) In fiscal years 2005 and 2006,

18 funds available to the Department of Defense to provide

19 assistance to the Government of Colombia may be used

20 by the Secretary of Defense to support a unified campaign

21 by the Government of Colombia against narcotics traf22 ficking and against activities by organizations designated

23 as terrorist organizations, such as the Revolutionary

24 Armed Forces of Colombia (FARC), the National Libera-
†

423

S 2400 PP

1 tion Army (ELN), and the United Self-Defense Forces of

2 Colombia (AUC).

3 (2) The authority to provide assistance for a cam4 paign under this subsection includes authority to take ac5 tions to protect human health and welfare in emergency

6 circumstances, including the undertaking of rescue oper7 ations.

8 (b) APPLICABILITY OF CERTAIN LAWS AND LIMITA9 TIONS.—The use of funds pursuant to the authority in

10 subsection (a) shall be subject to the following:

11 (1) Sections 556, 567, and 568 of the Foreign

12 Operations, Export Financing, and Related Pro13 grams Appropriations Act, 2002 (Public Law 107–

14 115; 115 Stat. 2160, 2165, and 2166).

15 (2) Section 8077 of the Department of Defense

16 Appropriations Act, 2004 (Public Law 108–87; 117

17 Stat. 1090).

18 (c) NUMERICAL LIMITATION ON ASSIGNMENT OF

19 UNITED STATES PERSONNEL.—Notwithstanding section

20 3204(b) of the Emergency Supplemental Act, 2000 (Divi21 sion B of Public Law 106–246; 114 Stat. 575), as amend22 ed by the Foreign Operations, Export Financing, and Re23 lated Programs Appropriations Act, 2002 (Public Law

24 107–115; 115 Stat. 2131), the number of United States

25 personnel assigned to conduct activities in Colombia in
†

424

S 2400 PP

1 connection with support of Plan Colombia under sub2 section (a) in fiscal years 2005 and 2006 shall be subject

3 to the following limitations:

4 (1) The number of United States military per5 sonnel assigned for temporary or permanent duty in

6 Colombia in connection with support of Plan Colom7 bia may not exceed 800.

8 (2) The number of United States individual

9 citizens retained as contractors in Colombia in con10 nection with support of Plan Colombia who are

11 funded by Federal funds may not exceed 600.

12 (d) LIMITATION ON PARTICIPATION OF UNITED

13 STATES PERSONNEL.—No United States Armed Forces

14 personnel, United States civilian employees, or United

15 States civilian contractor personnel employed by the

16 United States may participate in any combat operation in

17 connection with assistance using funds pursuant to the au18 thority in subsection (a), except for the purpose of acting

19 in self defense or of rescuing any United States citizen,

20 including any United States Armed Forces personnel,

21 United States civilian employee, or civilian contractor em22 ployed by the United States.

23 (e) RELATION TO OTHER AUTHORITY.—The author24 ity provided by subsection (a) is in addition to any other
†

425

S 2400 PP

1 authority in law to provide assistance to the Government

2 of Colombia.

3 (f) REPORT ON RELATIONSHIPS BETWEEN TER4 RORIST ORGANIZATIONS IN COLOMBIA AND FOREIGN

5 GOVERNMENTS AND ORGANIZATIONS.—(1) Not later than

6 60 days after the date of the enactment of this Act, the

7 Secretary of State shall, in consultation with the Secretary

8 of Defense and the Director of Central Intelligence, sub9 mit to the congressional defense committees and the Com10 mittee on Foreign Relations of the Senate and the Com11 mittee on International Relations of the House of Rep12 resentatives a report that describes—

13 (A) any relationships between foreign govern14 ments or organizations and organizations based in

15 Colombia that have been designated as foreign ter16 rorist organizations under United States law, includ17 ing the provision of any direct or indirect assistance

18 to such organizations; and

19 (B) United States policies that are designed to

20 address such relationships.

21 (2) The report under paragraph (1) shall be sub22 mitted in unclassified form, but may include a classified

23 annex.
†

426

S 2400 PP

1 SEC. 1053. ASSISTANCE TO IRAQ AND AFGHANISTAN MILI2 TARY AND SECURITY FORCES.

3 (a) AUTHORITY.—Subject to the limitations in sub4 section (c), the Secretary of Defense may provide assist5 ance in fiscal year 2005 to Iraq and Afghanistan military

6 or security forces solely to enhance their ability to combat

7 terrorism and support United States or coalition military

8 operations in Iraq and Afghanistan, respectively.

9 (b) TYPE OF ASSISTANCE.—Assistance provided

10 under subsection (a) may include equipment, supplies,

11 services, and training.

12 (c) LIMITATIONS.—(1) The Secretary of Defense may

13 provide assistance under this section only with the concur14 rence of the Secretary of State and, in any case in which

15 section 104(e) of the National Security Act of 1947 (50

16 U.S.C. 403–4(e)) applies, the Director of Central Intel17 ligence.

18 (2) The cost of assistance provided under this section

19 may be paid only out of funds available to the Department

20 of Defense for fiscal year 2005 for operation and mainte21 nance and may not exceed $250,000,000.

22 (d) RELATIONSHIP TO OTHER AUTHORITY.—The au23 thority to provide assistance under this section is in addi24 tion to any other authority to provide assistance to Iraq

25 and Afghanistan.
†

427

S 2400 PP

1 (e) CONGRESSIONAL NOTIFICATION.—Not later than

2 15 days before providing assistance to a recipient under

3 this section, the Secretary of Defense shall submit to the

4 congressional defense committees a notification of the as5 sistance proposed to be provided.

6 SEC. 1054. ASSIGNMENT OF NATO NAVAL PERSONNEL TO

7 SUBMARINE SAFETY RESEARCH AND DEVEL8 OPMENT PROGRAMS.

9 (a) AUTHORITY.—Chapter 631 of title 10, United

10 States Code, is amended by inserting after the item relat11 ing to section 7205 the following new section:

12 ‘‘§ 7206. Submarine safety research and development:

13 acceptance of services of NATO naval

14 personnel

15 ‘‘(a) AUTHORITY.—The Secretary of the Navy may,

16 subject to subsection (e), accept the assignment of one or

17 more members of the navy of another member country of

18 the North Atlantic Treaty Organization to a command of

19 the Navy for work on the development, standardization,

20 or interoperability of submarine vessel safety and rescue

21 systems and procedures if the Secretary determines that

22 doing so would facilitate the development, standardization,

23 and interoperability of submarine vessel safety and rescue

24 systems and procedures for the Navy, the navy of that

25 foreign country, and any other navy involved in that work.
†

428

S 2400 PP

1 ‘‘(b) RECIPROCITY NOT REQUIRED.—The authority

2 under subsection (a) is not an exchange program. Recip3 rocal assignments of members of the Navy to a navy of

4 a foreign country is not a condition for the exercise of

5 such authority.

6 ‘‘(c) PAYMENT OF PERSONNEL COSTS.—(1) The ac7 ceptance of a member of a navy of a foreign country under

8 this section is subject to the condition that the government

9 of that country pay the salary, per diem allowance, sub10 sistence costs, travel costs, cost of language or other train11 ing, and other costs for that member in accordance with

12 the laws and regulations of such country.

13 ‘‘(2) Paragraph (1) does not apply to the following

14 costs:

15 ‘‘(A) The cost of temporary duty directed by

16 the Secretary of the Navy or an officer of the Navy

17 authorized to do so.

18 ‘‘(B) The cost of a training program conducted

19 to familiarize, orient, or certify foreign naval per20 sonnel regarding unique aspects of their assign21 ments.

22 ‘‘(C) Any cost incident to the use of the facili23 ties of the Navy in the performance of assigned du24 ties.
†

429

S 2400 PP

1 ‘‘(d) RELATIONSHIP TO OTHER AUTHORITY.—The

2 provisions of this section shall apply to any other authority

3 that the Secretary of the Navy may exercise, subject to

4 the concurrence of the Secretary of State, to enter into

5 an agreement with the government of a foreign country

6 to provide for the assignment of members of the navy of

7 that foreign country to a Navy submarine safety program.

8 The Secretary of the Navy may prescribe regulations for

9 the application of this section in the exercise of such au10 thority.

11 ‘‘(e) TERMINATION OF AUTHORITY.—The Secretary

12 of the Navy may not accept the assignment of a member

13 of the navy of a foreign country under this section after

14 September 30, 2008.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of such chapter is amended by inserting

17 after the item relating to section 7205 the following new

18 item:

‘‘7206. Submarine safety research and development: acceptance of services of

NATO naval personnel.’’.

19 SEC. 1055. COMPENSATION FOR FORMER PRISONERS OF

20 WAR.

21 Any plan of the Secretary of Defense to provide com22 pensation to an individual who was injured in a military

23 prison under the control of the United States in Iraq shall

24 include a provision to address the injuries suffered by the
†

430

S 2400 PP

1 17 citizens of the United States who were held as pris2 oners of war by the regime of Saddam Hussein during

3 the First Gulf War.

4 SEC. 1056. DRUG ERADICATION EFFORTS IN AFGHANISTAN.

5 (a) FINDINGS.—Congress makes the following find6 ings:

7 (1) The United States engaged in military ac8 tion against the Taliban-controlled Government of

9 Afghanistan in 2001 in direct response to the

10 Taliban’s support and aid to Al Qaeda.

11 (2) The military action against the Taliban in

12 Afghanistan was designed, in part, to disrupt the ac13 tivities of, and financial support for, terrorists.

14 (3) A greater percentage of the world’s opium

15 supply is now produced in Afghanistan than before

16 the Taliban banned the cultivation or trade of

17 opium.

18 (4) In 2004, more than two years after the

19 Taliban was forcefully removed from power, Afghan20 istan is supplying approximately 75 percent of the

21 world’s heroin.

22 (5) The estimated value of the opium harvested

23 in Afghanistan in 2003 was $2,300,000,000.

24 (6) Some of the profits associated with opium

25 harvested in Afghanistan continue to fund terrorists
†

431

S 2400 PP

1 and terrorist organizations, including Al Qaeda, that

2 seek to attack the United States and United States

3 interests.

4 (7) The global war on terror is and should re5 main our Nation’s highest national security priority.

6 (8) United States and Coalition counterdrug ef7 forts in Afghanistan have not yet produced signifi8 cant results.

9 (9) There are indications of strong, direct con10 nections between terrorism and drug trafficking.

11 (10) The elimination of this funding source is

12 critical to making significant progress in the global

13 war on terror.

14 (11) The President of Afghanistan, Hamid

15 Karzai, has stated that opium production poses a

16 significant threat to the future of Afghanistan, and

17 has established a plan of action to deal with this

18 threat.

19 (12) The United Nations Office on Drugs and

20 Crime has reported that Afghanistan is at risk of

21 again becoming a failed state if strong actions are

22 not taken against narcotics.

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that—
†

432

S 2400 PP

1 (1) the President should make the substantial

2 reduction of drug trafficking in Afghanistan a pri3 ority in the war on terror;

4 (2) the Secretary of Defense should, in coordi5 nation with the Secretary of State, work to a greater

6 extent in cooperation with the Government of Af7 ghanistan and international organizations involved in

8 counterdrug activities to assist in providing a secure

9 environment for counterdrug personnel in Afghani10 stan; and

11 (3) because the trafficking of narcotics is

12 known to support terrorist activities and contributes

13 to the instability of the Government of Afghanistan,

14 additional efforts should be made by the Armed

15 Forces of the United States, in conjunction with and

16 in support of coalition forces, to significantly reduce

17 narcotics trafficking in Afghanistan and neighboring

18 countries, with particular focus on those trafficking

19 organizations with the closest links to known ter20 rorist organizations.

21 (c) REPORT.—Not later than 120 days after the date

22 of the enactment of this Act, the Secretary of Defense

23 shall submit to Congress a report that describes—
†

433

S 2400 PP

1 (1) progress made towards substantially reduc2 ing the poppy cultivation and heroin production ca3 pabilities in Afghanistan; and

4 (2) the extent to which profits from illegal drug

5 activity in Afghanistan fund terrorist organizations

6 and support groups that seek to undermine the Gov7 ernment of Afghanistan.

8 SEC. 1057. HUMANE TREATMENT OF DETAINEES.

9 (a) FINDINGS.—Congress makes the following find10 ings:

11 (1) After World War II, the United States and

12 its allies created a new international legal order

13 based on respect for human rights. One of its funda14 mental tenets was a universal prohibition on torture

15 and ill treatment.

16 (2) On June 26, 2003, the International Day in

17 Support of Victims of Torture, President George W.

18 Bush stated, ‘‘The United States is committed to

19 the world-wide elimination of torture and we are

20 leading this fight by example. I call on all govern21 ments to join with the United States and the com22 munity of law-abiding nations in prohibiting, inves23 tigating, and prosecuting all acts of torture and in

24 undertaking to prevent other cruel and unusual pun25 ishment.’’.
†

434

S 2400 PP

1 (3) The United States is a party to the Geneva

2 Conventions, which prohibit torture, cruel treatment,

3 or outrages upon personal dignity, in particular,

4 humiliating and degrading treatment, during armed

5 conflict.

6 (4) The United States is a party to 2 treaties

7 that prohibit torture and cruel, inhuman, or degrad8 ing treatment or punishment, as follows:

9 (A) The International Covenant on Civil

10 and Political Rights, done at New York Decem11 ber 16, 1966.

12 (B) The Convention against Torture and

13 Other Cruel, Inhuman or Degrading Treatment

14 or Punishment, done at New York December

15 10, 1984.

16 (5) The United States filed reservations to the

17 treaties described in subparagraphs (A) and (B) of

18 paragraph (4) stating that the United States con19 siders itself bound to prevent ‘‘cruel, inhuman or de20 grading treatment or punishment’’ to the extent that

21 phrase means the cruel, unusual, and inhumane

22 treatment or punishment prohibited by the 5th

23 amendment, 8th amendment, or 14th amendment to

24 the Constitution.
†

435

S 2400 PP

1 (6) Army Regulation 190-8 entitled ‘‘Enemy

2 Prisoners of War, Retained Personnel, Civilian In3 ternees and Other Detainees’’ provides that ‘‘Inhu4 mane treatment is a serious and punishable violation

5 under international law and the Uniform Code of

6 Military Justice (UCMJ). . . . All prisoners will re7 ceive humane treatment without regard to race, na8 tionality, religion, political opinion, sex, or other cri9 teria. The following acts are prohibited: murder, tor10 ture, corporal punishment, mutilation, the taking of

11 hostages, sensory deprivation, collective punish12 ments, execution without trial by proper authority,

13 and all cruel and degrading treatment. . . . All per14 sons will be respected as human beings. They will be

15 protected against all acts of violence to include rape,

16 forced prostitution, assault and theft, insults, public

17 curiosity, bodily injury, and reprisals of any kind....

18 This list is not exclusive.’’.

19 (7) The Field Manual on Intelligence Interroga20 tion of the Department of the Army states that

21 ‘‘acts of violence or intimidation, including physical

22 or mental torture, threats, insults, or exposure to in23 humane treatment as a means of or an aid to inter24 rogation’’ are ‘‘illegal’’. Such Manual defines ‘‘inflic25 tion of pain through . . . bondage (other than legiti-
†

436

S 2400 PP

1 mate use of restraints to prevent escape)’’, ‘‘forcing

2 an individual to stand, sit, or kneel in abnormal po3 sitions for prolonged periods of time’’, ‘‘food depriva4 tion’’, and ‘‘any form of beating’’ as ‘‘physical tor5 ture’’, defines ‘‘abnormal sleep deprivation’’ as

6 ‘‘mental torture’’, and prohibits the use of such tac7 tics under any circumstances.

8 (8) The Field Manual on Intelligence Interroga9 tion of the Department of the Army states that

10 ‘‘Use of torture and other illegal methods is a poor

11 technique that yields unreliable results, may damage

12 subsequent collection efforts, and can induce the

13 source to say what he thinks the interrogator wants

14 to hear. Revelation of use of torture by U.S. per15 sonnel will bring discredit upon the U.S. and its

16 armed forces while undermining domestic and inter17 national support for the war effort. It may also place

18 U.S. and allied personnel in enemy hands at a great19 er risk of abuse by their captors.’’.

20 (b) PROHIBITION ON TORTURE OR CRUEL, INHU21 MAN, OR DEGRADING TREATMENT OR PUNISHMENT.—(1)

22 No person in the custody or under the physical control

23 of the United States shall be subject to torture or cruel,

24 inhuman, or degrading treatment or punishment that is
†

437

S 2400 PP

1 prohibited by the Constitution, laws, or treaties of the

2 United States.

3 (2) Nothing in this section shall affect the status of

4 any person under the Geneva Conventions or whether any

5 person is entitled to the protections of the Geneva Conven6 tions.

7 (c) RULES, REGULATIONS, AND GUIDELINES.—(1)

8 Not later than 180 days after the date of enactment of

9 this Act, the Secretary shall prescribe the rules, regula10 tions, or guidelines necessary to ensure compliance with

11 the prohibition in subsection (b)(1) by the members of the

12 United States Armed Forces and by any person providing

13 services to the Department of Defense on a contract basis.

14 (2) The Secretary shall submit to the congressional

15 defense committees the rules, regulations, or guidelines

16 prescribed under paragraph (1), and any modifications to

17 such rules, regulations, or guidelines—

18 (A) not later than 30 days after the effective

19 date of such rules, regulations, guidelines, or modi20 fications; and

21 (B) in a manner and form that will protect the

22 national security interests of the United States.

23 (d) REPORT TO CONGRESS.—(1) The Secretary shall

24 submit, on a timely basis and not less than twice each

25 year, a report to Congress on the circumstances sur-
†

438

S 2400 PP

1 rounding any investigation of a possible violation of the

2 prohibition in subsection (b)(1) by a member of the Armed

3 Forces or by a person providing services to the Depart4 ment of Defense on a contract basis.

5 (2) A report required under paragraph (1) shall be

6 submitted in a manner and form that—

7 (A) will protect the national security interests

8 of the United States; and

9 (B) will not prejudice any prosecution of an in10 dividual involved in, or responsible for, a violation of

11 the prohibition in subsection (b)(1).

12 (e) DEFINITIONS.—In this section:

13 (1) The term ‘‘cruel, inhuman, or degrading

14 treatment or punishment’’ means the cruel, unusual,

15 and inhumane treatment or punishment prohibited

16 by the 5th amendment, 8th amendment, or 14th

17 amendment to the Constitution.

18 (2) The term ‘‘Geneva Conventions’’ means—

19 (A) the Convention for the Amelioration of

20 the Condition of the Wounded and Sick in

21 Armed Forces in the Field, done at Geneva Au22 gust 12, 1949 (6 UST 3114);

23 (B) the Convention for the Amelioration of

24 the Condition of the Wounded, Sick, and Ship25 wrecked Members of Armed Forces at Sea,
†

439

S 2400 PP

1 done at Geneva August 12, 1949 (6 UST

2 3217);

3 (C) the Convention Relative to the Treat4 ment of Prisoners of War, done at Geneva Au5 gust 12, 1949 (6 UST 3316); and

6 (D) the Convention Relative to the Protec7 tion of Civilian Persons in Time of War, done

8 at Geneva August 12, 1949 (6 UST 3516).

9 (3) The term ‘‘Secretary’’ means the Secretary

10 of Defense.

11 (4) The term ‘‘torture’’ has the meaning given

12 that term in section 2340 of title 18, United States

13 Code.

14 SEC. 1058. UNITED NATIONS OIL-FOR-FOOD PROGRAM.

15 (a) RESPONSIBILITY OF INSPECTOR GENERAL OF

16 THE DEPARTMENT OF DEFENSE FOR SECURITY OF DOC17 UMENTS.—(1) The Inspector General of the Department

18 of Defense, in cooperation with the Director of the De19 fense Contract Audit Agency and the Director of the De20 fense Contract Management Agency, shall ensure, not

21 later than June 30, 2004, the security of all documents

22 relevant to the United Nations Oil-for-Food Program that

23 are in the possession or control of the Coalition Provi24 sional Authority.

25 (2) The Inspector General shall—
†

440

S 2400 PP

1 (A) maintain copies of all such documents in

2 the United States at the Department of Defense;

3 and

4 (B) not later than August 31, 2004, deliver a

5 complete set of all such documents to the Comp6 troller General of the United States.

7 (b) COOPERATION IN INVESTIGATIONS.—Each head

8 of an Executive agency, including the Department of

9 State, the Department of Defense, the Department of the

10 Treasury, and the Central Intelligence Agency, and the

11 Administrator of the Coalition Provisional Authority shall,

12 upon a request in connection with an investigation of the

13 United Nations Oil-for-Food Program made by the chair14 man of the Committee on Foreign Relations, the Com15 mittee on Armed Services, the Committee on the Judici16 ary, the Committee on Governmental Affairs, the Select

17 Committee on Intelligence, the Permanent Subcommittee

18 on Investigations, or other committee of the Senate with

19 relevant jurisdiction, promptly provide to such chairman—

20 (1) access to any information and documents

21 described in subsections (a) or (c) that are under the

22 control of such agency and responsive to the request;

23 and

24 (2) assistance relating to access to and utiliza25 tion of such information and documents.
†

441

S 2400 PP

1 (c) INFORMATION FROM THE UNITED NATIONS.—(1)

2 The Secretary of State shall use the voice and vote of the

3 United States in the United Nations to urge the Sec4 retary-General of the United Nations to provide the

5 United States copies of all audits and core documents re6 lated to the United Nations Oil-for-Food Program.

7 (2) It is the sense of Congress that, pursuant to sec8 tion 941(b)(6) of the United Nations Reform Act of 1999

9 (title IX of division A of H.R. 3427 of the 106th Congress,

10 as enacted into law by section 1000(a)(7) of Public Law

11 106–113; 113 Stat. 1501A-480), the Comptroller General

12 of the United States should have full and complete access

13 to financial data relating to the United Nations, including

14 information related to the financial transactions, organiza15 tion, and activities of the United Nations Oil-for-Food

16 Program.

17 (3) The Secretary of State shall facilitate the pro18 viding of access to the Comptroller General to the financial

19 data described in paragraph (2).

20 (d) REVIEW OF OIL-FOR-FOOD PROGRAM BY COMP21 TROLLER GENERAL.—(1) The Comptroller General of the

22 United States shall conduct a review of United States

23 oversight of the United Nations Oil-for-Food Program.

24 The review—
†

442

S 2400 PP

1 (A) in accordance with Generally Accepted Gov2 ernment Auditing Standards, should not interfere

3 with any ongoing criminal investigations or inquiries

4 related to the Oil-for-Food program; and

5 (B) may take into account the results of any in6 vestigations or inquiries related to the Oil-for-Food

7 program.

8 (2) The head of each Executive agency shall fully co9 operate with the review under this subsection.

10 (e) EXECUTIVE AGENCY DEFINED.—In this section,

11 the term ‘‘Executive agency’’ has the meaning given that

12 term in section 105 of title 5, United States Code.

13 SEC. 1059. SENSE OF CONGRESS ON THE GLOBAL PARTNER14 SHIP AGAINST THE SPREAD OF WEAPONS OF

15 MASS DESTRUCTION.

16 It is the sense of Congress that the President should

17 be commended for the steps taken at the G–8 summit at

18 Sea Island, Georgia, on June 8–10, 2004, to demonstrate

19 continued support for the Global Partnership against the

20 Spread of Nuclear Weapons and Materials of Mass De21 struction and to expand the Partnership by welcoming new

22 members and using the Partnership to coordinate non23 proliferation projects in Libya, Iraq, and other countries;

24 and that the President should—
†

443

S 2400 PP

1 (1) expand the membership of donor nations to

2 the Partnership;

3 (2) insure that Russia remains the primary

4 partner of the Partnership while also seeking to

5 fund through the Partnership efforts in other coun6 tries with potentially vulnerable weapons or mate7 rials;

8 (3) develop for the Partnership clear program

9 goals;

10 (4) develop for the Partnership transparent

11 project prioritization and planning;

12 (5) develop for the Partnership project imple13 mentation milestones under periodic review;

14 (6) develop under the Partnership agreements

15 between partners for project implementation; and

16 (7) give high priority and senior-level attention

17 to resolving disagreements on site access and worker

18 liability under the Partnership.

19 SEC. 1059A. EXCEPTION TO BILATERAL AGREEMENT RE20 QUIREMENTS FOR TRANSFERS OF DEFENSE

21 ITEMS.

22 (a) FINDINGS.—Congress makes the following find23 ings:

24 (1) Close defense cooperation between the

25 United States and each of the United Kingdom and
†

444

S 2400 PP

1 Australia requires interoperability among the armed

2 forces of those countries.

3 (2) The need for interoperability must be bal4 anced with the need for appropriate and effective

5 regulation of trade in defense items.

6 (3) The Arms Export Control Act (22 U.S.C.

7 2751 et seq.) authorizes the executive branch to ad8 minister arms export policies enacted by Congress in

9 the exercise of its constitutional power to regulate

10 commerce with foreign nations.

11 (4) The executive branch has exercised its au12 thority under the Arms Export Control Act, in part,

13 through the International Traffic in Arms Regula14 tions.

15 (5) Agreements to gain exemption from the

16 International Traffic in Arms Regulations must be

17 submitted to Congress for review.

18 (b) DEFINITIONS.—In this section:

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means—

22 (A) the Committee on Foreign Relations

23 and the Committee on Armed Services of the

24 Senate; and
†

445

S 2400 PP

1 (B) the Committee on International Rela2 tions and the Committee on Armed Services of

3 the House of Representatives.

4 (2) DEFENSE ITEMS.—The term ‘‘defense

5 items’’ has the meaning given the term in section 38

6 of the Arms Export Control Act (22 U.S.C. 2778).

7 (3) INTERNATIONAL TRAFFIC IN ARMS REGULA8 TIONS.—The term ‘‘International Traffic in Arms

9 Regulations’’ means the regulations maintained

10 under parts 120 through 130 of title 22, Code of

11 Federal Regulations, and any successor regulations.

12 (c) EXCEPTIONS FROM BILATERAL AGREEMENT RE13 QUIREMENTS.—

14 (1) IN GENERAL.—Subsection (j) of section 38

15 of the Arms Export Control Act (22 U.S.C. 2778)

16 is amended—

17 (A) by redesignating paragraph (4) as

18 paragraph (5); and

19 (B) by inserting after paragraph (3) the

20 following new paragraph (4):

21 ‘‘(4) EXCEPTIONS FROM BILATERAL AGREE22 MENT REQUIREMENTS.—

23 ‘‘(A) AUSTRALIA.—Subject to section 1055

24 of the National Defense Authorization Act for

25 Fiscal Year 2005, the requirements for a bilat-
†

446

S 2400 PP

1 eral agreement described in paragraph (2)(A)

2 shall not apply to a bilateral agreement between

3 the United States Government and the Govern4 ment of Australia with respect to transfers or

5 changes in end use of defense items within Aus6 tralia that will remain subject to the licensing

7 requirements of this Act after such agreement

8 enters into force.

9 ‘‘(B) UNITED KINGDOM.—Subject to sec10 tion 1055 of the National Defense Authoriza11 tion Act for Fiscal Year 2005, the requirements

12 for a bilateral agreement described in para13 graphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall

14 not apply to a bilateral agreement between the

15 United States Government and the Government

16 of the United Kingdom for an exemption from

17 the licensing requirements of this Act.’’.

18 (2) CONFORMING AMENDMENT.—Paragraph (2)

19 of such subsection is amended in the matter pre20 ceding subparagraph (A) by striking ‘‘A bilateral

21 agreement’’ and inserting ‘‘Except as provided in

22 paragraph (4), a bilateral agreement’’.

23 (d) CERTIFICATIONS.—Not later than 30 days before

24 authorizing an exemption from the licensing requirements

25 of the International Traffic in Arms Regulations in ac-
†

447

S 2400 PP

1 cordance with any bilateral agreement entered into with

2 the United Kingdom or Australia under section 38(j) of

3 the Arms Export Control Act (22 U.S.C. 2778(j)), as

4 amended by subsection (c), the President shall certify to

5 the appropriate congressional committees that such

6 agreement—

7 (1) is in the national interest of the United

8 States and will not in any way affect the goals and

9 policy of the United States under section 1 of the

10 Arms Export Control Act (22 U.S.C. 2751);

11 (2) does not adversely affect the efficacy of the

12 International Traffic in Arms Regulations to provide

13 consistent and adequate controls for licensed exports

14 of United States defense items; and

15 (3) will not adversely affect the duties or re16 quirements of the Secretary of State under the Arms

17 Export Control Act.

18 (e) NOTIFICATION OF BILATERAL LICENSING EX19 EMPTIONS.—Not later than 30 days before authorizing an

20 exemption from the licensing requirements of the Inter21 national Traffic in Arms Regulations in accordance with

22 any bilateral agreement entered into with the United

23 Kingdom or Australia under section 38(j) of the Arms Ex24 port Control Act (22 U.S.C. 2778(j)), as amended by sub25 section (c), the President shall submit to the appropriate
†

448

S 2400 PP

1 congressional committees the text of the regulations that

2 authorize such a licensing exemption.

3 (f) REPORT ON CONSULTATION ISSUES.—Not later

4 than one year after the date of the enactment of this Act

5 and annually thereafter for each of the following 5 years,

6 the President shall submit to the appropriate congres7 sional committees a report on issues raised during the pre8 vious year in consultations conducted under the terms of

9 any bilateral agreement entered into with Australia under

10 section 38(j) of the Arms Export Control Act, or under

11 the terms of any bilateral agreement entered into with the

12 United Kingdom under such section, for exemption from

13 the licensing requirements of the Arms Export Control Act

14 (22 U.S.C. 2751 et seq.). Each report shall contain—

15 (1) information on any notifications or con16 sultations between the United States and the United

17 Kingdom under the terms of any agreement with the

18 United Kingdom, or between the United States and

19 Australia under the terms of any agreement with

20 Australia, concerning the modification, deletion, or

21 addition of defense items on the United States Mu22 nitions List, the United Kingdom Military List, or

23 the Australian Defense and Strategic Goods List;

24 (2) a list of all United Kingdom or Australia

25 persons and entities that have been designated as
†

449

S 2400 PP

1 qualified persons eligible to receive United States or2 igin defense items exempt from the licensing require3 ments of the Arms Export Control Act under the

4 terms of such agreements, and listing any modifica5 tion, deletion, or addition to such lists, pursuant to

6 the requirements of any agreement with the United

7 Kingdom or any agreement with Australia;

8 (3) information on consultations or steps taken

9 pursuant to any agreement with the United King10 dom or any agreement with Australia concerning co11 operation and consultation with either government

12 on the effectiveness of the defense trade control sys13 tems of such government;

14 (4) information on provisions and procedures

15 undertaken pursuant to—

16 (A) any agreement with the United King17 dom with respect to the handling of United

18 States origin defense items exempt from the li19 censing requirements of the Arms Export Con20 trol Act by persons and entities qualified to re21 ceive such items in the United Kingdom; and

22 (B) any agreement with Australia with re23 spect to the handling of United States origin

24 defense items exempt from the licensing re25 quirements of the Arms Export Control Act by
†

450

S 2400 PP

1 persons and entities qualified to receive such

2 items in Australia;

3 (5) information on any new understandings, in4 cluding the text of such understandings, between the

5 United States and the United Kingdom concerning

6 retransfer of United States origin defense items

7 made pursuant to any agreement with the United

8 Kingdom to gain exemption from the licensing re9 quirements of the Arms Export Control Act;

10 (6) information on consultations with the Gov11 ernment of the United Kingdom or the Government

12 of Australia concerning the legal enforcement of any

13 such agreements;

14 (7) information on United States origin defense

15 items with respect to which the United States has

16 provided an exception under the Memorandum of

17 Understanding between the United States and the

18 United Kingdom and any agreement between the

19 United States and Australia from the requirement

20 for United States Government re-export consent that

21 was not provided for under United States laws and

22 regulations in effect on the date of the enactment of

23 this Act; and

24 (8) information on any significant concerns that

25 have arisen between the Government of Australia or
†

451

S 2400 PP

1 the Government of the United Kingdom and the

2 United States Government concerning any aspect of

3 any bilateral agreement between such country and

4 the United States to gain exemption from the licens5 ing requirements of the Arms Export Control Act.

6 (g) SPECIAL NOTIFICATIONS.—

7 (1) REQUIRED NOTIFICATIONS.—The Secretary

8 of State shall notify the appropriate congressional

9 committees not later than 90 days after receiving

10 any credible information regarding an unauthorized

11 end-use or diversion of United States exports of

12 goods or services made pursuant to any agreement

13 with a country to gain exemption from the licensing

14 requirements of the Arms Export Control Act. The

15 notification shall be made in a manner that is con16 sistent with any ongoing efforts to investigate and

17 commence civil actions or criminal investigations or

18 prosecutions regarding such matters and may be

19 made in classified or unclassified form.

20 (2) CONTENT.—The notification regarding an

21 unauthorized end-use or diversion of goods or serv22 ices under paragraph (1) shall include—

23 (A) a description of the goods or services;

24 (B) the United States origin of the good or

25 service;
†

452

S 2400 PP

1 (C) the authorized recipient of the good or

2 service;

3 (D) a detailed description of the unauthor4 ized end-use or diversion, including any knowl5 edge by the United States exporter of such un6 authorized end-use or diversion;

7 (E) any enforcement action taken by the

8 Government of the United States; and

9 (F) any enforcement action taken by the

10 government of the recipient nation.

11 SEC. 1059B. REDESIGNATION AND MODIFICATION OF AU12 THORITIES RELATING TO INSPECTOR GEN13 ERAL OF THE COALITION PROVISIONAL AU14 THORITY.

15 (a) REDESIGNATION.—(1) Subsections (b) and (c)(1)

16 of section 3001 of the Emergency Supplemental Appro17 priations Act for Defense and Reconstruction of Iraq and

18 Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1234;

19 5 U.S.C. App. 3 section 8G note) are each amended by

20 striking ‘‘Office of the Inspector General of the Coalition

21 Provisional Authority’’ and inserting ‘‘Office of the Special

22 Inspector General for Iraq Reconstruction’’.

23 (2) Subsection (c)(1) of such section is further

24 amended by striking ‘‘Inspector General of the Coalition

25 Provisional Authority’’ and inserting ‘‘Special Inspector
†

453

S 2400 PP

1 General for Iraq Reconstruction (in this section referred

2 to as the ‘Inspector General’)’’.

3 (3)(A) The heading of such section is amended to

4 read as follows:

5 ‘‘SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ RE6 CONSTRUCTION.’’.

7 (B) The heading of title III of such Act is amended

8 to read as follows:

9 ‘‘TITLE III—SPECIAL INSPECTOR

10 GENERAL FOR IRAQ RECON11 STRUCTION’’.

12 (b) CONTINUATION IN OFFICE.—The individual serv13 ing as the Inspector General of the Coalition Provisional

14 Authority as of the date of the enactment of this Act may

15 continue to serve in that position after that date without

16 reappointment under paragraph (1) of section 3001(c) of

17 the Emergency Supplemental Appropriations Act for De18 fense and Reconstruction of Iraq and Afghanistan, 2004,

19 but remaining subject to removal as specified in paragraph

20 (4) of that section.

21 (c) PURPOSES.—Subsection (a) of such section is

22 amended—

23 (1) in paragraph (1), by striking ‘‘of the Coali24 tion Provisional Authority (CPA)’’ and inserting

25 ‘‘funded with amounts appropriated or otherwise
†

454

S 2400 PP

1 made available to the Iraq Relief and Reconstruction

2 Fund’’;

3 (2) in paragraph (2)(B), by striking ‘‘fraud’’

4 and inserting ‘‘waste, fraud,’’; and

5 (3) in paragraph (3), by striking ‘‘the head of

6 the Coalition Provisional Authority’’ and inserting

7 ‘‘the Secretary of State and the Secretary of De8 fense’’.

9 (d) RESPONSIBILITIES OF ASSISTANT INSPECTOR

10 GENERAL FOR AUDITING.—Subsection (d)(1) of such sec11 tion is amended by striking ‘‘of the Coalition Provisional

12 Authority’’ and inserting ‘‘supported by the Iraq Relief

13 and Reconstruction Fund’’.

14 (e) SUPERVISION.—Such section is further

15 amended—

16 (1) in subsection (e)(1), by striking ‘‘the head

17 of the Coalition Provisional Authority’’ and inserting

18 ‘‘the Secretary of State and the Secretary of De19 fense’’;

20 (2) in subsection (h)—

21 (A) in paragraphs (4)(B) and (5), by strik22 ing ‘‘head of the Coalition Provisional Author23 ity’’ and inserting ‘‘Secretary of State’’; and

24 (B) in paragraph (5), by striking ‘‘at the

25 central and field locations of the Coalition Pro-
†

455

S 2400 PP

1 visional Authority’’ and inserting ‘‘at appro2 priate locations of the Department of State in

3 Iraq’’;

4 (3) in subsection (j)—

5 (A) in paragraph (1), by striking ‘‘the

6 head of the Coalition Provisional Authority’’

7 and inserting ‘‘the Secretary of State and the

8 Secretary of Defense’’; and

9 (B) in paragraph (2)—

10 (i) in subparagraph (A)—

11 (I) by striking ‘‘the head of the

12 Coalition Provisional Authority’’ the

13 first place it appears and inserting

14 ‘‘the Secretary of State or the Sec15 retary of Defense’’; and

16 (II) by striking ‘‘the head of the

17 Coalition Provisional Authority con18 siders’’ the second place it appears

19 and inserting ‘‘the Secretary of State

20 or the Secretary of Defense, as the

21 case may be, consider’’; and

22 (ii) in subparagraph (B), by striking

23 ‘‘the head of the Coalition Provisional Au24 thority considers’’ and inserting ‘‘the Sec-
†

456

S 2400 PP

1 retary of State or the Secretary of De2 fense, as the case may be, consider’’; and

3 (4) in subsection (k), by striking ‘‘the head of

4 the Coalition Provisional Authority shall’’ each place

5 it appears and inserting ‘‘the Secretary of State and

6 the Secretary of Defense shall jointly’’.

7 (f) DUTIES.—Subsection (f)(1) of such section is

8 amended by striking ‘‘appropriated funds by the Coalition

9 Provisional Authority in Iraq’’ and inserting ‘‘amounts ap10 propriated or otherwise made available to the Iraq Relief

11 and Reconstruction Fund’’.

12 (g) COORDINATION WITH INSPECTOR GENERAL OF

13 DEPARTMENT OF STATE.—Subsection (f) of such section

14 is further amended striking paragraphs (4) and (5) and

15 inserting the following new paragraph (4):

16 ‘‘(4) In carrying out the duties, responsibilities, and

17 authorities of the Inspector General under this section, the

18 Inspector General shall coordinate with, and receive the

19 cooperation of, each of the following:

20 ‘‘(A) The Inspector General of the Department

21 of Defense.

22 ‘‘(B) The Inspector General of the United

23 States Agency for International Development.

24 ‘‘(C) The Inspector General of the Department

25 of State.’’.
†

457

S 2400 PP

1 (h) POWERS AND AUTHORITIES.—Subsection (g) of

2 such section is amended by inserting before the period the

3 following: ‘‘, including the authorities under subsection (e)

4 of such section’’.

5 (i) REPORTS.—Subsection (i) of such section is

6 amended—

7 (1) in paragraph (1)—

8 (A) in the first sentence, by striking ‘‘and

9 every calendar quarter thereafter,’’ and all that

10 follows through ‘‘the Coalition Provisional Au11 thority’’ and inserting ‘‘again on July 30, 2004,

12 and every calendar quarter thereafter, the In13 spector General shall submit to the appropriate

14 committees of Congress a report summarizing

15 the activities of the Inspector General and the

16 programs and operations funded with amounts

17 appropriated or otherwise made available to the

18 Iraq Relief and Reconstruction Fund’’;

19 (B) in subparagraph (B), by striking ‘‘the

20 Coalition Provisional Authority’’ and inserting

21 ‘‘the Department of Defense, the Department

22 of State, and the United States Agency for

23 International Development, as applicable,’’;
†

458

S 2400 PP

1 (C) in subparagraph (E), by striking ‘‘ap2 propriated funds’’ and inserting ‘‘such

3 amounts’’; and

4 (D) in subparagraph (F), by striking ‘‘the

5 Coalition Provisional Authority’’ and inserting

6 ‘‘the contracting department or agency’’;

7 (2) in paragraph (2), by striking ‘‘by the Coali8 tion Provisional Authority’’ and inserting ‘‘by any

9 department or agency of the United States Govern10 ment that involves the use of amounts appropriated

11 or otherwise made available to the Iraq Relief and

12 Reconstruction Fund’’;

13 (3) in paragraph (3), by striking ‘‘June 30,

14 2004’’ and inserting ‘‘July 30, 2004’’; and

15 (4) in paragraph (4), by striking ‘‘the Coalition

16 Provisional Authority’’ and inserting ‘‘the Depart17 ment of State and of the Department of Defense’’.

18 (j) TERMINATION.—Subsection (o) of such section is

19 amended to read as follows:

20 ‘‘(o) TERMINATION.—The Office of the Inspector

21 General shall terminate on the date that is 10 months

22 after the date, as determined by the Secretary of State,

23 on which 80 percent of the amounts appropriated or other24 wise made available to the Iraq Relief and Reconstruction
†

459

S 2400 PP

1 Fund by chapter 2 of title II of this Act have been obli2 gated.’’.

3 SEC. 1059C. TREATMENT OF FOREIGN PRISONERS.

4 (a) POLICY.—(1) It is the policy of the United States

5 to treat all foreign persons captured, detained, interned

6 or otherwise held in the custody of the United States

7 (hereinafter ‘‘prisoners’’) humanely and in accordance

8 with standards that the United States would consider legal

9 if perpetrated by the enemy against an American prisoner.

10 (2) It is the policy of the United States that all

11 officials of the United States are bound both in war12 time and in peacetime by the legal prohibition

13 against torture, cruel, inhuman or degrading treat14 ment.

15 (3) If there is any doubt as to whether pris16 oners are entitled to the protections afforded by the

17 Geneva Conventions, such prisoners shall enjoy the

18 protections of the Geneva Conventions until such

19 time as their status can be determined pursuant to

20 the procedures authorized by Army Regulation 190–

21 8, Section 1–6.

22 (4) It is the policy of the United States to expe23 ditiously prosecute cases of terrorism or other crimi24 nal acts alleged to have been committed by prisoners

25 in the custody of the United States Armed Forces
†

460

S 2400 PP

1 at Guantanamo Bay, Cuba, in order to avoid the in2 definite detention of prisoners, which is contrary to

3 the legal principles and security interests of the

4 United States.

5 (b) REPORTING.—The Department of Defense shall

6 submit to the appropriate congressional committees:

7 (1) A quarterly report providing the number of

8 prisoners who were denied Prisoner of War (POW)

9 status under the Geneva Conventions and the basis

10 for denying POW status to each such prisoner.

11 (2) A report setting forth—

12 (A) the proposed schedule for military

13 commissions to be held at Guantanamo Bay,

14 Cuba; and

15 (B) the number of individuals currently

16 held at Guantanamo Bay, Cuba, the number of

17 such individuals who are unlikely to face a mili18 tary commission in the next six months, and

19 the reason(s) for not bringing such individuals

20 before a military commission.

21 (3) All International Committee of the Red

22 Cross reports, completed prior to the enactment of

23 this Act, concerning the treatment of prisoners in

24 United States custody at Guantanamo Bay, Cuba,

25 Iraq, and Afghanistan. Such ICRC reports should be
†

461

S 2400 PP

1 provided, in classified form, not later than 15 days

2 after enactment of this Act.

3 (4) A report setting forth all prisoner interroga4 tion techniques approved by officials of the United

5 States.

6 (c) ANNUAL TRAINING REQUIREMENT.—The De7 partment of Defense shall certify that all Federal employ8 ees and civilian contractors engaged in the handling and/

9 or interrogating of prisoners have fulfilled an annual

10 training requirement on the laws of war, the Geneva Con11 ventions and the obligations of the United States under

12 international humanitarian law.

13 Subtitle G—Other Matters

14 SEC. 1061. TECHNICAL AMENDMENTS RELATING TO DEFI15 NITIONS OF GENERAL APPLICABILITY IN

16 TITLE 10, UNITED STATES CODE.

17 (a) CLARIFICATION OF DEFINITION OF ‘‘OPER18 ATIONAL RANGE’’.—Section 101(e)(3) of title 10, United

19 States Code, is amended by striking ‘‘Secretary of De20 fense’’ and inserting ‘‘Secretary of a military depart21 ment’’.

22 (b) AMENDMENTS RELATING TO DEFINITION OF

23 CONGRESSIONAL DEFENSE COMMITTEES.—(1) Section

24 2215 of title 10, United States Code, is amended—

25 (A) in subsection (a)—
†

462

S 2400 PP

1 (i) by striking ‘‘(a) CERTIFICATION RE2 QUIRED.—’’; and

3 (ii) by striking ‘‘congressional committees

4 specified in subsection (b)’’ and inserting ‘‘con5 gressional defense committees’’; and

6 (B) by striking subsection (b).

7 (2) Section 2515(d) of such title is amended—

8 (A) by striking ‘‘REPORT.—(1)’’ and inserting

9 ‘‘REPORT.—’’;

10 (B) by striking ‘‘congressional committees spec11 ified in paragraph (2)’’ and inserting ‘‘congressional

12 defense committees’’; and

13 (C) by striking paragraph (2).

14 (3) Section 2676(d) of such title is amended by strik15 ing ‘‘appropriate committees of Congress’’ in the first sen16 tence and inserting ‘‘congressional defense committees’’.

17 SEC. 1062. TWO-YEAR EXTENSION OF AUTHORITY OF SEC18 RETARY OF DEFENSE TO ENGAGE IN COM19 MERCIAL ACTIVITIES AS SECURITY FOR IN20 TELLIGENCE COLLECTION ACTIVITIES

21 ABROAD.

22 Section 431(a) of title 10, United States Code, is

23 amended by striking ‘‘December 31, 2004’’ and inserting

24 ‘‘December 31, 2006’’.
†

463

S 2400 PP

1 SEC. 1063. LIABILITY PROTECTION FOR PERSONS VOLUN2 TARILY PROVIDING MARITIME-RELATED

3 SERVICES ACCEPTED BY THE NAVY.

4 Section 1588(d)(1) of title 10, United States Code,

5 is amended by adding at the end the following new sub6 paragraph:

7 ‘‘(F) In the case of a person aboard a sailing

8 vessel of the Navy to engage in the training of Navy

9 personnel or in a competition involving Navy per10 sonnel, the following provisions of law relating to

11 claims in admiralty for damages or loss:

12 ‘‘(i) The Act entitled ‘An Act authorizing

13 suits against the United States in admiralty,

14 suits for salvage services, and providing for the

15 release of merchant vessels belonging to the

16 United States from arrest and attachment in

17 foreign jurisdictions, and for other purposes’,

18 approved March 9, 1920 (commonly known as

19 the ‘Suits in Admiralty Act’) (46 U.S.C. App.

20 741 et seq.).

21 ‘‘(ii) The Act entitled ‘An Act authorizing

22 suits against the United States in admiralty for

23 damage caused by and salvage services rendered

24 to public vessels belonging to the United States,

25 and for other purposes’, approved March 3,
†

464

S 2400 PP

1 1925 (commonly known as the ‘Public Vessels

2 Act’) (46 U.S.C. App. 781 et seq.).’’.

3 SEC. 1064. LICENSING OF INTELLECTUAL PROPERTY.

4 (a) AUTHORITY.—Subchapter II of chapter 134 of

5 title 10, United States Code, is amended by adding at the

6 end the following new section:

7 ‘‘§ 2260. Licensing of intellectual property: retention

8 of fees

9 ‘‘(a) AUTHORITY.—Under regulations prescribed by

10 the Secretary of Defense, the Secretary concerned may li11 cense trademarks, service marks, certification marks, and

12 collective marks owned or controlled by the Secretary con13 cerned and may retain and expend fees received from such

14 licensing in accordance with this section.

15 ‘‘(b) DESIGNATED MARKS.—The Secretary con16 cerned shall designate the trademarks, service marks, cer17 tification marks, and collective marks as to which the Sec18 retary exercises the authority to retain licensing fees

19 under this section.

20 ‘‘(c) USE OF FEES.—The Secretary concerned shall

21 use fees retained under this section for purposes as fol22 lows:

23 ‘‘(1) For payment of the following costs in24 curred by the Secretary:
†

465

S 2400 PP

1 ‘‘(A) Costs of securing trademark registra2 tions.

3 ‘‘(B) Costs of operating the licensing pro4 gram under this section.

5 ‘‘(2) For morale, welfare, and recreation activi6 ties under the jurisdiction of the Secretary, to the

7 extent (if any) that the total amount of the licensing

8 fees available under this section for a fiscal year ex9 ceed the total amount needed for such fiscal year

10 under paragraph (1).

11 ‘‘(d) AVAILABILITY.—Fees received in a fiscal year

12 and retained under this section shall be available for obli13 gations in such fiscal year and the following two fiscal

14 years.

15 ‘‘(e) DEFINITIONS.—In this section, the terms ‘trade16 mark’, ‘service mark’, ‘certification mark’, and ‘collective

17 mark’ have the meanings given such terms in section 45

18 of the Act entitled ‘An Act to provide for the registration

19 and protection of trademarks used in commerce, to carry

20 out the provisions of certain international conventions,

21 and for other purposes’, approved July 5, 1946 (commonly

22 referred to as the ‘Trademark Act of 1946’) (15 U.S.C.

23 1127).’’.
†

466

S 2400 PP

1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such subchapter is amended by adding

3 at the end the following new item:

‘‘2260. Licensing of intellectual property: retention of fees.’’.

4 SEC. 1065. DELAY OF ELECTRONIC VOTING DEMONSTRA5 TION PROJECT.

6 Section 1604(a) of the National Defense Authoriza7 tion Act for Fiscal Year 2002 (Public Law 107–107; 115

8 Stat. 1277; 42 U.S.C. 1973ff note) is amended—

9 (1) in paragraph (1), by striking ‘‘2002’’ and

10 inserting ‘‘2006’’; and

11 (2) in paragraph (2)—

12 (A) by striking ‘‘2002’’ and inserting

13 ‘‘2006’’; and

14 (B) by striking ‘‘2004’’ and inserting

15 ‘‘2008’’.

16 SEC. 1066. WAR RISK INSURANCE FOR MERCHANT MARINE

17 VESSELS.

18 (a) EXTENSION OF AUTHORITY.—Section 1214 of

19 the Merchant Marine Act, 1936 (46 U.S.C. App. 1294)

20 is amended by striking ‘‘June 30, 2005’’ and inserting

21 ‘‘December 31, 2008’’.

22 (b) INVESTMENT OF FUNDS EXCESS TO SHORT23 TERM NEEDS.—Section 1208 of such Act (46 U.S.C. App.

24 1288) is amended—
†

467

S 2400 PP

1 (1) by redesignating subsection (b) as sub2 section (c); and

3 (2) in subsection (a), by striking ‘‘Upon the re4 quest of the Secretary of Transportation,’’ and all

5 that follows and inserting the following:

6 ‘‘(b)(1) The Secretary of Transportation may request

7 the Secretary of the Treasury to invest such portion of

8 the insurance fund under subsection (a) as is not, in the

9 judgment of the Secretary of Transportation, required to

10 meet the current needs of the fund. The Secretary of the

11 Treasury may make the requested investments.

12 ‘‘(2) Investments under paragraph (1) shall be made

13 in public debt securities of the United States that—

14 ‘‘(A) mature at times suitable to the needs of

15 the insurance fund; and

16 ‘‘(B) bear interest rates determined by the Sec17 retary of the Treasury, taking into consideration

18 current market yields on outstanding marketable ob19 ligations of the United States of comparable matu20 rity.

21 ‘‘(3) The interest and benefits accruing from securi22 ties under this subsection shall be deposited to the credit

23 of the insurance fund.’’.
†

468

S 2400 PP

1 SEC. 1067. REPEAL OF QUARTERLY REPORTING REQUIRE2 MENT CONCERNING PAYMENTS FOR DIS3 TRICT OF COLUMBIA WATER AND SEWER

4 SERVICES AND ESTABLISHMENT OF ANNUAL

5 REPORT BY TREASURY.

6 (a) WATER AND WATER SERVICE SUPPLIED FOR

7 THE USE OF THE GOVERNMENT OF THE UNITED

8 STATES.—Section 106(b)(5) of the District of Columbia

9 Public Works Act of 1954 (sec. 34–2401.25(b), D.C. Offi10 cial Code), as amended by section 401 of the Miscella11 neous Appropriations Act, 2001 (as enacted by reference

12 in section 1(a)(4) of the Consolidated Appropriations Act,

13 2001), is amended to read as follows:

14 ‘‘(5) Not later than the 15th day of the month fol15 lowing the beginning of the fiscal year (beginning with fis16 cal year 2005), the Secretary of the Treasury with respect

17 to each Federal department, establishment, or agency re18 ceiving water services from the District of Columbia shall

19 submit a report to the Committee on Government Reform

20 of the House of Representatives, the Committee on Gov21 ernmental Affairs of the Senate, and the Committees on

22 Appropriations of the House of Representatives and Sen23 ate analyzing the promptness of payment with respect to

24 the services furnished to such department, establishment,

25 or agency.’’.
†

469

S 2400 PP

1 (b) SANITARY SEWER SERVICE CHARGES FOR

2 UNITED STATES GOVERNMENT.—Section 212(b)(5) of

3 the District of Columbia Public Works Act of 1954 (sec.

4 34–2112(b), D.C. Official Code), as amended by section

5 401 of the Miscellaneous Appropriations Act, 2001 (as en6 acted by reference in section 1(a)(4) of the Consolidated

7 Appropriations Act, 2001), is amended to read as follows:

8 ‘‘(5) Not later than the 15th day of the month fol9 lowing the beginning of the fiscal year (beginning with fis10 cal year 2005), the Secretary of the Treasury with respect

11 to each Federal department, establishment, or agency re12 ceiving sanitary sewer services from the District of Colum13 bia shall submit a report to the Committee on Government

14 Reform of the House of Representatives, the Committee

15 on Governmental Affairs of the Senate, and the Commit16 tees on Appropriations of the House of Representatives

17 and Senate analyzing the promptness of payment with re18 spect to the services furnished to such department, estab19 lishment, or agency.’’.

20 SEC. 1068. RECEIPT OF PAY BY RESERVES FROM CIVILIAN

21 EMPLOYERS WHILE ON ACTIVE DUTY IN CON22 NECTION WITH A CONTINGENCY OPERATION.

23 Section 209 of title 18, United States Code, is

24 amended by adding at the end the following new sub25 section:
†

470

S 2400 PP

1 ‘‘(h) This section does not prohibit a member of the

2 reserve components of the armed forces on active duty

3 pursuant to a call or order to active duty under a provision

4 of law referred to in section 101(a)(13) of title 10 from

5 receiving from any person that employed such member be6 fore the call or order to active duty any payment of any

7 part of the salary or wages that such person would have

8 paid the member if the member’s employment had not

9 been interrupted by such call or order to active duty.’’.

10 SEC. 1069. PROTECTION OF ARMED FORCES PERSONNEL

11 FROM RETALIATORY ACTIONS FOR COMMU12 NICATIONS MADE THROUGH THE CHAIN OF

13 COMMAND.

14 (a) PROTECTED COMMUNICATIONS.—Section

15 1034(b)(1)(B) of title 10, United States Code, is

16 amended—

17 (1) by striking ‘‘or’’ at the end of clause (iii)’’;

18 and

19 (2) by striking clause (iv) and inserting the fol20 lowing:

21 ‘‘(iv) any person or organization in the

22 chain of command; or

23 ‘‘(v) any other person or organization des24 ignated pursuant to regulations or other estab-
†

471

S 2400 PP

1 lished administrative procedures for such com2 munications.’’.

3 (b) EFFECTIVE DATE AND APPLICABILITY.—This

4 section and the amendments made by this section shall

5 take effect on the date of the enactment of this Act and

6 shall apply with respect to any unfavorable personnel ac7 tion taken or threatened, and any withholding of or threat

8 to withhold a favorable personnel action, on or after that

9 date.

10 SEC. 1070. MISSILE DEFENSE COOPERATION.

11 (a) DEPARTMENT OF STATE PROCEDURES FOR EX12 PEDITED REVIEW OF LICENSES FOR THE TRANSFER OF

13 DEFENSE ITEMS RELATED TO MISSILE DEFENSE.—

14 (1) EXPEDITED PROCEDURES.—The Secretary

15 of State shall, in consultation with the Secretary of

16 Defense, establish procedures for considering tech17 nical assistance agreements and related amendments

18 and munitions license applications for the export of

19 defense items related to missile defense not later

20 than 30 days after receiving such agreements,

21 amendments, and munitions license applications, ex22 cept in cases in which the Secretary of State deter23 mines that additional time is required to complete a

24 review of a technical assistance agreement or related

25 amendment or a munitions license application for
†

472

S 2400 PP

1 foreign policy or national security reasons, including

2 concerns regarding the proliferation of ballistic mis3 sile technology.

4 (2) STUDY ON COMPREHENSIVE AUTHORIZA5 TIONS FOR MISSILE DEFENSE.—The Secretary of

6 State shall, in consultation with the Secretary of De7 fense, examine the feasibility of providing major

8 project authorizations for programs related to mis9 sile defense similar to the comprehensive export au10 thorization specified in section 126.14 of the Inter11 national Traffic in Arms Regulations (section

12 126.14 of title 22, Code of Federal Regulations).

13 (3) REPORT.—Not later than 180 days after

14 the date of the enactment of this Act, the Secretary

15 of State shall, in consultation with the Secretary of

16 Defense, submit to the Committee on Foreign Rela17 tions and the Committee on Armed Services of the

18 Senate and the Committee on International Rela19 tions and the Committee on Armed Services of the

20 House of Representatives a report on—

21 (A) the implementation of the expedited

22 procedures required under paragraph (1); and

23 (B) the feasibility of providing the major

24 project authorization for projects related to

25 missile defense described in paragraph (2).
†

473

S 2400 PP

1 (b) DEPARTMENT OF DEFENSE PROCEDURES FOR

2 EXPEDITED REVIEW OF LICENSES FOR THE TRANSFER

3 OF DEFENSE ITEMS RELATED TO MISSILE DEFENSE.—

4 (1) PROCEDURES.—Not later than 180 days

5 after the date of the enactment of this Act, the Sec6 retary of Defense shall, in consultation with the Sec7 retary of State, prescribe procedures to increase the

8 efficiency and transparency of the practices used by

9 the Department of Defense to review technical as10 sistance agreements and related amendments and

11 munitions license applications related to inter12 national cooperation on missile defense that are re13 ferred to the Department.

14 (2) REPORT.—Not later than 180 days after

15 the date of the enactment of this Act, the Secretary

16 of Defense, in consultation with the Secretary of

17 State, shall submit to the Committee on Armed

18 Services and the Committee on Foreign Relations of

19 the Senate and the Committee on Armed Services

20 and the Committee on International Relations of the

21 House of Representatives a report—

22 (A) describing actions taken by the Sec23 retary of Defense to coordinate with the Sec24 retary of State the establishment of the expe-
†

474

S 2400 PP

1 dited review process described in subsection

2 (a)(1);

3 (B) identifying key defense items related to

4 missile defense that are suitable for comprehen5 sive licensing procedures; and

6 (C) describing the procedures prescribed

7 pursuant to paragraph (1).

8 (c) DEFINITION OF DEFENSE ITEMS.—In this sec9 tion, the term ‘‘defense items’’ has the meaning given that

10 term in section 38(j)(4)(A) of the Arms Export Control

11 Act (22 U.S.C. 2778(j)(4)(A)).

12 SEC. 1071. POLICY ON NONPROLIFERATION OF BALLISTIC

13 MISSILES.

14 (a) POLICY.—It is the policy of the United States to

15 develop, support, and strengthen international accords and

16 other cooperative efforts to curtail the proliferation of bal17 listic missiles and related technologies which could threat18 en the territory of the United States, allies and friends

19 of the United States, and deployed members of the Armed

20 Forces of the United States with weapons of mass destruc21 tion.

22 (b) SENSE OF CONGRESS.—(1) Congress makes the

23 following findings:

24 (A) Certain countries are seeking to acquire

25 ballistic missiles and related technologies that could
†

475

S 2400 PP

1 be used to attack the United States or place at risk

2 United States interests, forward-deployed members

3 of the Armed Forces, and allies and friends of the

4 United States.

5 (B) Certain countries continue to actively trans6 fer or sell ballistic missile technologies in contraven7 tion of standards of behavior established by the

8 United States and allies and friends of the United

9 States.

10 (C) The spread of ballistic missiles and related

11 technologies worldwide has been slowed by a com12 bination of national and international export con13 trols, forward-looking diplomacy, and multilateral

14 interdiction activities to restrict the development and

15 transfer of such weapons and technologies.

16 (2) It is the sense of Congress that—

17 (A) the United States should vigorously pursue

18 foreign policy initiatives aimed at eliminating, reduc19 ing, or retarding the proliferation of ballistic missiles

20 and related technologies; and

21 (B) the United States and the international

22 community should continue to support and strength23 en established international accords and other coop24 erative efforts, including United Nations Security

25 Council Resolution 1540 and the Missile Technology
†

476

S 2400 PP

1 Control Regime, that are designed to eliminate, re2 duce, or retard the proliferation of ballistic missiles

3 and related technologies.

4 SEC. 1072. REIMBURSEMENT FOR CERTAIN PROTECTIVE,

5 SAFETY, OR HEALTH EQUIPMENT PUR6 CHASED BY OR FOR MEMBERS OF THE

7 ARMED FORCES FOR DEPLOYMENT IN OPER8 ATIONS IN IRAQ AND CENTRAL ASIA.

9 (a) REIMBURSEMENT REQUIRED.—(1) Subject to

10 subsections (c) and (d), the Secretary of Defense shall re11 imburse a member of the Armed Forces, or a person or

12 entity referred to in paragraph (2), for the cost (including

13 shipping cost) of any protective, safety, or health equip14 ment that was purchased by such member, or such person

15 or entity on behalf of such member, before or during the

16 deployment of such member in Operation Noble Eagle,

17 Operation Enduring Freedom, or Operation Iraqi Free18 dom for the use of such member in connection with such

19 operation if the unit commander of such member certifies

20 that such equipment was critical to the protection, safety,

21 or health of such member.

22 (2) A person or entity referred to in this paragraph

23 is a family member or relative of a member of the Armed

24 Forces, a non-profit organization, or a community group.
†

477

S 2400 PP

1 (b) COVERED PROTECTIVE, SAFETY, AND HEALTH

2 EQUIPMENT.—(1) Subject to paragraph (2), protective,

3 safety, and health equipment for which reimbursement

4 shall be made under subsection (a) shall include personal

5 body armor, collective armor or protective equipment (in6 cluding armor or protective equipment for high mobility

7 multi-purpose wheeled vehicles), and items provided

8 through the Rapid Fielding Initiative of the Army such

9 as the advanced (on-the-move) hydration system, the ad10 vanced combat helmet, the close combat optics system, a

11 Global Positioning System (GPS) receiver, and a soldier

12 intercommunication device.

13 (2) Non-military equipment may be treated as protec14 tive, safety, and health equipment for purposes of para15 graph (1) only if such equipment provides protection, safe16 ty, or health benefits, as the case may be, such as would

17 be provided by equipment meeting military specifications.

18 (c) LIMITATIONS REGARDING DATE OF PURCHASE

19 OF EQUIPMENT.—(1) In the case of armor or protective

20 equipment for high mobility multi-purpose wheeled vehi21 cles (known as HUMVEEs), reimbursement shall be made

22 under subsection (a) only for armor or equipment pur23 chased during the period beginning on September 11,

24 2001, and ending on July 31, 2004 or any date thereafter

25 as determined by the Secretary of Defense.
†

478

S 2400 PP

1 (2) In the case of any other protective, safety, and

2 health equipment, reimbursement shall be made under

3 subsection (a) only for equipment purchased during the

4 period beginning on September 11, 2001, and ending on

5 December 31, 2003 or any date thereafter as determined

6 by the Secretary of Defense.

7 (d) LIMITATION REGARDING AMOUNT OF REIM8 BURSEMENT.—The aggregate amount of reimbursement

9 provided under subsection (a) for any protective, safety,

10 and health equipment purchased by or on behalf of any

11 given member of the Armed Forces may not exceed the

12 lesser of—

13 (1) the cost of such equipment (including ship14 ping cost); or

15 (2) $1,100.

16 (e) OWNERSHIP OF EQUIPMENT.—The Secretary

17 may provide, in regulations prescribed by the Secretary,

18 that the United States shall assume title or ownership of

19 any protective, safety, or health equipment for which reim20 bursement is provided under subsection (a).

21 (f) FUNDING.—Amounts for reimbursements under

22 subsection (a) shall be derived from any amounts author23 ized to be appropriated by this Act.
†

479

S 2400 PP

1 SEC. 1073. PRESERVATION OF SEARCH AND RESCUE CAPA2 BILITIES OF THE FEDERAL GOVERNMENT.

3 The Secretary of Defense may not reduce or elimi4 nate search and rescue capabilities at any military instal5 lation in the United States unless the Secretary first cer6 tifies to the Committees on Armed Services of the Senate

7 and the House of Representatives that equivalent search

8 and rescue capabilities will be provided, without interrup9 tion and consistent with the policies and objectives set

10 forth in the United States National Search and Rescue

11 Plan entered into force on January 1, 1999, by—

12 (1) the Department of Interior, the Department

13 of Commerce, the Department of Homeland Secu14 rity, the Department of Transportation, the Federal

15 Communications Commission, or the National Aero16 nautics and Space Administration; or

17 (2) the Department of Defense, either directly

18 or through a Department of Defense contract with

19 an emergency medical service provider or other pri20 vate entity to provide such capabilities.

21 SEC. 1074. GRANT OF FEDERAL CHARTER TO KOREAN WAR

22 VETERANS ASSOCIATION, INCORPORATED.

23 (a) GRANT OF CHARTER.—Part B of subtitle II of

24 title 36, United States Code, is amended—

25 (1) by striking the following:
†

480

S 2400 PP

1 ‘‘CHAPTER 1201—[RESERVED]’’; and

2 (2) by inserting the following:

3 ‘‘CHAPTER 1201—KOREAN WAR VETERANS

4 ASSOCIATION, INCORPORATED

‘‘Sec.

‘‘120101. Organization.

‘‘120102. Purposes.

‘‘120103. Membership.

‘‘120104. Governing body.

‘‘120105. Powers.

‘‘120106. Restrictions.

‘‘120107. Duty to maintain corporate and tax-exempt status.

‘‘120108. Records and inspection.

‘‘120109. Service of process.

‘‘120110. Liability for acts of officers and agents.

‘‘120111. Annual report.

5 ‘‘§ 120101. Organization

6 ‘‘(a) FEDERAL CHARTER.—Korean War Veterans

7 Association, Incorporated (in this chapter, the ‘corpora8 tion’), incorporated in the State of New York, is a feder9 ally chartered corporation.

10 ‘‘(b) EXPIRATION OF CHARTER.—If the corporation

11 does not comply with the provisions of this chapter, the

12 charter granted by subsection (a) expires.

13 ‘‘§ 120102. Purposes

14 ‘‘The purposes of the corporation are as provided in

15 its articles of incorporation and include—

16 ‘‘(1) organizing, promoting, and maintaining

17 for benevolent and charitable purposes an associa18 tion of persons who have seen honorable service in
†

481

S 2400 PP

1 the Armed Forces during the Korean War, and of

2 certain other persons;

3 ‘‘(2) providing a means of contact and commu4 nication among members of the corporation;

5 ‘‘(3) promoting the establishment of, and estab6 lishing, war and other memorials commemorative of

7 persons who served in the Armed Forces during the

8 Korean War; and

9 ‘‘(4) aiding needy members of the corporation,

10 their wives and children, and the widows and chil11 dren of persons who were members of the corpora12 tion at the time of their death.

13 ‘‘§ 120103. Membership

14 ‘‘Eligibility for membership in the corporation, and

15 the rights and privileges of members of the corporation,

16 are as provided in the bylaws of the corporation.

17 ‘‘§ 120104. Governing body

18 ‘‘(a) BOARD OF DIRECTORS.—The board of directors

19 of the corporation, and the responsibilities of the board

20 of directors, are as provided in the articles of incorporation

21 of the corporation.

22 ‘‘(b) OFFICERS.—The officers of the corporation, and

23 the election of the officers of the corporation, are as pro24 vided in the articles of incorporation.
†

482

S 2400 PP

1 ‘‘§ 120105. Powers

2 ‘‘The corporation has only the powers provided in its

3 bylaws and articles of incorporation filed in each State in

4 which it is incorporated.

5 ‘‘§ 120106. Restrictions

6 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may

7 not issue stock or declare or pay a dividend.

8 ‘‘(b) POLITICAL ACTIVITIES.—The corporation, or a

9 director or officer of the corporation as such, may not con10 tribute to, support, or participate in any political activity

11 or in any manner attempt to influence legislation.

12 ‘‘(c) LOAN.—The corporation may not make a loan

13 to a director, officer, or employee of the corporation.

14 ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU15 THORITY.—The corporation may not claim congressional

16 approval, or the authority of the United States, for any

17 of its activities.

18 ‘‘§ 120107. Duty to maintain corporate and tax-ex19 empt status

20 ‘‘(a) CORPORATE STATUS.—The corporation shall

21 maintain its status as a corporation incorporated under

22 the laws of the State of New York.

23 ‘‘(b) TAX-EXEMPT STATUS.—The corporation shall

24 maintain its status as an organization exempt from tax25 ation under the Internal Revenue Code of 1986 (26 U.S.C.

26 1 et seq.).
†

483

S 2400 PP

1 ‘‘§ 120108. Records and inspection

2 ‘‘(a) RECORDS.—The corporation shall keep—

3 ‘‘(1) correct and complete records of account;

4 ‘‘(2) minutes of the proceedings of its members,

5 board of directors, and committees having any of the

6 authority of its board of directors; and

7 ‘‘(3) at its principal office, a record of the

8 names and addresses of its members entitled to vote

9 on matters relating to the corporation.

10 ‘‘(b) INSPECTION.—A member entitled to vote on

11 matters relating to the corporation, or an agent or attor12 ney of the member, may inspect the records of the cor13 poration for any proper purpose, at any reasonable time.

14 ‘‘§ 120109. Service of process

15 ‘‘The corporation shall have a designated agent in the

16 District of Columbia to receive service of process for the

17 corporation. Notice to or service on the agent is notice

18 to or service on the Corporation.

19 ‘‘§ 120110. Liability for acts of officers and agents

20 ‘‘The corporation is liable for the acts of its officers

21 and agents acting within the scope of their authority.

22 ‘‘§ 120111. Annual report

23 ‘‘The corporation shall submit an annual report to

24 Congress on the activities of the corporation during the

25 preceding fiscal year. The report shall be submitted at the

26 same time as the report of the audit required by section
†

484

S 2400 PP

1 10101 of this title. The report may not be printed as a

2 public document.’’.

3 (b) CLERICAL AMENDMENT.—The table of chapters

4 at the beginning of subtitle II of title 36, United States

5 Code, is amended by striking the item relating to chapter

6 1201 and inserting the following new item:

‘‘1201. Korean War Veterans Association, Incorporated .........................120101’’.

7 SEC. 1075. COORDINATION OF USERRA WITH THE INTER8 NAL REVENUE CODE OF 1986.

9 (a) FINDINGS.—Congress makes the following find10 ings:

11 (1) Employers of reservists called up for active

12 duty are required to treat them as if they are on a

13 leave of absence or furlough under the Uniformed

14 Services Employment and Reemployment Rights Act

15 of 1994 (in this section referred to as ‘‘USERRA’’).

16 (2) USERRA does not require employers to pay

17 reservists who are on active duty, but many employ18 ers pay the reservists the difference between their

19 military stipends and their regular salaries. Some

20 employers provide this ‘‘differential pay’’ for up to

21 3 years.

22 (3) For employee convenience, many of these

23 employers also allow deductions from the differential

24 payments for contributions to employer-provided re25 tirement savings plans.
†

485

S 2400 PP

1 (b) SENSE OF THE SENATE.—It is the sense of the

2 Senate that the Internal Revenue Service should, to the

3 extent it is able within its authority, provide guidance con4 sistent with the goal of promoting and ensuring the valid5 ity of voluntary differential pay arrangements, benefits

6 payments, and contributions to retirement savings plans

7 related thereto.

8 SEC. 1076. AERIAL FIREFIGHTING EQUIPMENT.

9 (a) FINDINGS.—Congress makes the following find10 ings:

11 (1) The National Interagency Fire Center does

12 not possess an adequate number of aircraft for use

13 in aerial firefighting and personnel at the Center

14 rely on military aircraft to provide such firefighting

15 services.

16 (2) It is in the national security interest of the

17 United States for the National Interagency Fire

18 Center to purchase aircraft for use in aerial fire19 fighting so that military aircraft used for aerial fire20 fighting may be available for use by the Armed

21 Forces.

22 (b) AUTHORITY TO PURCHASE AERIAL FIRE23 FIGHTING EQUIPMENT.—(1) The Secretary of Agriculture

24 is authorized to purchase 10 aircraft, as described in para-
†

486

S 2400 PP

1 graph (2), for the National Interagency Fire Center for

2 use in aerial firefighting.

3 (2) The aircraft referred to in paragraph (1) shall

4 be—

5 (A) aircraft that are specifically designed and

6 built for aerial firefighting;

7 (B) certified by the Administrator of the Fed8 eral Aviation Administration for use in aerial fire9 fighting; and

10 (C) manufactured in a manner that is con11 sistent with the recommendations for aircraft used

12 in aerial firefighting contained in—

13 (i) the Blue Ribbon Panel Report to the

14 Chief of the Forest Service and the Director of

15 the Bureau of Land Management dated Decem16 ber 2002; and

17 (ii) the Safety Recommendation of the

18 Chairman of the National Transportation Safe19 ty Board related to aircraft used in aerial fire20 fighting dated April 23, 2004.

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated to the Secretary of Agri23 culture for fiscal year 2005 such funds as may be nec24 essary to purchase the 10 aircraft described in subsection

25 (b).
†

487

S 2400 PP

1 SEC. 1077. SENSE OF SENATE ON AMERICAN FORCES RADIO

2 AND TELEVISION SERVICE.

3 (a) FINDINGS.—The Senate makes the following

4 findings:

5 (1) It is the mission of the American Forces

6 Radio and Television Service to provide United

7 States military commanders overseas and at sea

8 with a broadcast media resource to effectively com9 municate Department of Defense, Service-unique,

10 theater, and local command information to personnel

11 under their commands and to provide United States

12 military members, Department of Defense civilians,

13 and their families stationed outside the continental

14 United States and at sea with the same type and

15 quality of American radio and television news, infor16 mation, sports, and entertainment that would be

17 available to them if they were in the continental

18 United States.

19 (2) Key principles of American Forces Radio

20 and Television Service broadcasting policy, as out21 lined in Department of Defense Regulation

22 5120.20R, are to ensure political programming char23 acterized by fairness and balance and to provide a

24 free flow of political programming from United

25 States commercial and public networks without ma26 nipulation or censorship of any news content to the
†

488

S 2400 PP

1 men and women of the Armed Forces and their de2 pendents.

3 (3) The stated policy of the American Forces

4 Radio and Television Service is to select program5 ming that represents a cross-section of popular

6 American radio and television offerings and to emu7 late stateside scheduling and programming seen and

8 heard in the United States.

9 (4) It is the policy of American Forces Radio

10 and Television Service to select news and public af11 fairs programs for airing that provide balance and

12 diversity from available nationally recognized pro13 gram sources, including broadcast and cable net14 works, Headquarters, American Forces Radio and

15 Television Service, the military departments, and

16 other government or public service agencies.

17 (b) SENSE OF THE SENATE.—It is the sense of the

18 Senate that the mission statement and policies of the

19 American Forces Radio and Television Service appro20 priately state the goal of maintaining equal opportunity

21 balance with respect to political programming and that the

22 Secretary of Defense should therefore ensure that these

23 policies are fully being implemented by developing appro24 priate methods of oversight to ensure presentation of all

25 sides of important public questions with the fairness and
†

489

S 2400 PP

1 balance envisioned by the Department of Defense through2 out the American Forces Radio and Television Service sys3 tem.

4 SEC. 1078. SENSE OF CONGRESS ON AMERICA’S NATIONAL

5 WORLD WAR I MUSEUM.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) The Liberty Memorial Museum in Kansas

9 City, Missouri, was built in 1926 in honor of those

10 individuals who served in World War I in defense of

11 liberty and the Nation.

12 (2) The Liberty Memorial Association, a non13 profit organization which originally built the Liberty

14 Memorial Museum, is responsible for the finances,

15 operations, and collections management of the Lib16 erty Memorial Museum.

17 (3) The Liberty Memorial Museum is the only

18 public museum in the Nation that exists for the ex19 clusive purpose of interpreting the experiences of the

20 United States and its allies in the World War I

21 years (1914–1918), both on the battlefield and on

22 the home front.

23 (4) The Liberty Memorial Museum project

24 began after the 1918 Armistice through the efforts

25 of a large-scale, grass-roots civic and fundraising ef-
†

490

S 2400 PP

1 fort by the citizens and veterans of the Kansas City

2 metropolitan area. After the conclusion of a national

3 architectural design competition, ground was broken

4 in 1921, construction began in 1923, and the Lib5 erty Memorial Museum was opened to the public in

6 1926.

7 (5) In 1994, the Liberty Memorial Museum

8 closed for a massive restoration and expansion

9 project. The restored museum reopened to the public

10 on Memorial Day, 2002, during a gala rededication

11 ceremony.

12 (6) Exhibits prepared for the original museum

13 buildings presaged the dramatic, underground ex14 pansion of core exhibition gallery space, with over

15 30,000 square feet of new interpretive and edu16 cational exhibits currently in development. The new

17 exhibits, along with an expanded research library

18 and archives, will more fully utilize the many thou19 sands of historical objects, books, maps, posters,

20 photographs, diaries, letters, and reminiscences of

21 World War I participants that are preserved for pos22 terity in the Liberty Memorial Museum’s collections.

23 The new core exhibition is scheduled to open on Vet24 erans Day, 2006.
†

491

S 2400 PP

1 (7) The City of Kansas City, the State of Mis2 souri, and thousands of private donors and philan3 thropic foundations have contributed millions of dol4 lars to build and later to restore this national treas5 ure. The Liberty Memorial Museum continues to re6 ceive the strong support of residents from the States

7 of Missouri and Kansas and across the Nation.

8 (8) Since the restoration and rededication of

9 2002, the Liberty Memorial Museum has attracted

10 thousands of visitors from across the United States

11 and many foreign countries.

12 (9) There remains a need to preserve in a mu13 seum setting evidence of the honor, courage, patriot14 ism, and sacrifice of those Americans who offered

15 their services and who gave their lives in defense of

16 liberty during World War I, evidence of the roles of

17 women and African Americans during World War I,

18 and evidence of other relevant subjects.

19 (10) The Liberty Memorial Museum seeks to

20 educate a diverse group of audiences through its

21 comprehensive collection of historical materials, em22 phasizing eyewitness accounts of the participants on

23 the battlefield and the home front and the impact of

24 World War I on individuals, then and now. The Lib-
†

492

S 2400 PP

1 erty Memorial Museum continues to actively acquire

2 and preserve such materials.

3 (11) A great opportunity exists to use the in4 valuable resources of the Liberty Memorial Museum

5 to teach the ‘‘Lessons of Liberty’’ to the Nation’s

6 schoolchildren through on-site visits, classroom cur7 riculum development, distance learning, and other

8 educational initiatives.

9 (12) The Liberty Memorial Museum should al10 ways be the Nation’s museum of the national experi11 ence in the World War I years (1914–1918), where

12 people go to learn about this critical period and

13 where the Nation’s history of this monumental

14 struggle will be preserved so that generations of the

15 21st century may understand the role played by the

16 United States in the preservation and advancement

17 of democracy, freedom, and liberty in the early 20th

18 century.

19 (13) This initiative to recognize and preserve

20 the history of the Nation’s sacrifices in World War

21 I will take on added significance as the Nation ap22 proaches the centennial observance of this event.

23 (14) It is fitting and proper to refer to the Lib24 erty Memorial Museum as ‘‘America’s National

25 World War I Museum’’.
†

493

S 2400 PP

1 (b) SENSE OF CONGRESS.—Congress—

2 (1) recognizes the Liberty Memorial Museum in

3 Kansas City, Missouri, including the museum’s fu4 ture and expanded exhibits, collections, library, ar5 chives, and educational programs, as ‘‘America’s Na6 tional World War I Museum’’;

7 (2) recognizes that the continuing collection,

8 preservation, and interpretation of the historical ob9 jects and other historical materials held by the Lib10 erty Memorial Museum enhance the knowledge and

11 understanding of the Nation’s people of the Amer12 ican and allied experience during the World War I

13 years (1914–1918), both on the battlefield and on

14 the home front;

15 (3) commends the ongoing development and vis16 ibility of ‘‘Lessons of Liberty’’ educational outreach

17 programs for teachers and students throughout the

18 Nation; and

19 (4) encourages the need for present generations

20 to understand the magnitude of World War I, how

21 it shaped the Nation, other countries, and later

22 world events, and how the sacrifices made then

23 helped preserve liberty, democracy, and other found24 ing principles for generations to come.
†

494

S 2400 PP

1 SEC. 1079. REDUCTION OF BARRIERS FOR HISPANIC-SERV2 ING INSTITUTIONS IN DEFENSE CONTRACTS,

3 DEFENSE RESEARCH PROGRAMS, AND

4 OTHER MINORITY-RELATED DEFENSE PRO5 GRAMS.

6 Section 502(a)(5)(C) of the Higher Education Act of

7 1965 (20 U.S.C. 1101a(a)(5)(C)) is amended by inserting

8 before the period the following: ‘‘, which assurances—

9 ‘‘(i) may employ statistical extrapo10 lation using appropriate data from the Bu11 reau of the Census or other appropriate

12 Federal or State sources; and

13 ‘‘(ii) the Secretary shall consider as

14 meeting the requirements of this subpara15 graph, unless the Secretary determines,

16 based on a preponderance of the evidence,

17 that the assurances do not meet the re18 quirements’’.

19 SEC. 1080. EXTENSION OF SCOPE AND JURISDICTION FOR

20 CURRENT FRAUD OFFENSES.

21 (a) STATEMENTS OR ENTRIES GENERALLY.—Section

22 1001 of title 18, United States Code, is amended by add23 ing at the end the following:

24 ‘‘(d) JURISDICTION.—There is extraterritorial Fed25 eral jurisdiction over an offense under this section.
†

495

S 2400 PP

1 ‘‘(e) PROSECUTION.—A prosecution for an offense

2 under this section may be brought—

3 ‘‘(1) in accordance with chapter 211 of this

4 title; or

5 ‘‘(2) in any district where any act in further6 ance of the offense took place.’’.

7 (b) MAJOR FRAUD AGAINST THE UNITED STATES.—

8 Section 1031 of title 18, United States Code, is amended

9 by adding at the end the following:

10 ‘‘(i) JURISDICTION.—There is extraterritorial Fed11 eral jurisdiction over an offense under this section.

12 ‘‘(j) PROSECUTION.—A prosecution for an offense

13 under this section may be brought—

14 ‘‘(1) in accordance with chapter 211 of this

15 title;

16 ‘‘(2) in any district where any act in further17 ance of the offense took place; or

18 ‘‘(3) in any district where any party to the con19 tract or provider of goods or services is located.’’.

20 SEC. 1081. CONTRACTOR ACCOUNTABILITY.

21 Section 3267(1)(A) of title 18, United States Code,

22 is amended to read as follows:

23 ‘‘(A) employed as—

24 ‘‘(i) a civilian employee of—
†

496

S 2400 PP

1 ‘‘(I) the Department of Defense

2 (including a nonappropriated fund in3 strumentality of the Department); or

4 ‘‘(II) any other Federal agency,

5 or any provisional authority, to the

6 extent such employment relates to

7 supporting the mission of the Depart8 ment of Defense overseas;

9 ‘‘(ii) a contractor (including a subcon10 tractor at any tier) of—

11 ‘‘(I) the Department of Defense

12 (including a nonappropriated fund in13 strumentality of the Department); or

14 ‘‘(II) any other Federal agency,

15 or any provisional authority, to the

16 extent such employment relates to

17 supporting the mission of the Depart18 ment of Defense overseas; or

19 ‘‘(iii) an employee of a contractor (or

20 subcontractor at any tier) of—

21 ‘‘(I) the Department of Defense

22 (including a nonappropriated fund in23 strumentality of the Department); or

24 ‘‘(II) any other Federal agency,

25 or any provisional authority, to the
†

497

S 2400 PP

1 extent such employment relates to

2 supporting the mission of the Depart3 ment of Defense overseas;’’.

4 SEC. 1082. DEFINITION OF UNITED STATES.

5 Section 2340(3) of title 18, United States Code, is

6 amended to read as follows:

7 ‘‘(3) ‘United States’ means the several States of

8 the United States, the District of Columbia, and the

9 commonwealths, territories, and possessions of the

10 United States.’’.

11 SEC. 1083. MENTOR-PROTEGE PILOT PROGRAM.

12 Section 831(m)(2) of the National Defense Author13 ization Act for Fiscal Year 1991 (Public Law 101–510;

14 10 U.S.C. 2302 note) is amended—

15 (1) in subparagraph (D), by striking ‘‘or’’ at

16 the end;

17 (2) in subparagraph (E), by striking the period

18 at the end and inserting a semicolon; and

19 (3) by adding at the end the following:

20 ‘‘(F) a small business concern owned and

21 controlled by service–disabled veterans (as de22 fined in section 8(d)(3) of the Small Business

23 Act); and
†

498

S 2400 PP

1 ‘‘(G) a qualified HUBZone small business

2 concern (as defined in section 3(p) of the Small

3 Business Act).’’.

4 SEC. 1084. BROADCAST DECENCY ENFORCEMENT ACT OF

5 2004.

6 (a) SHORT TITLE.—This section may be cited as the

7 ‘‘Broadcast Decency Enforcement Act of 2004’’.

8 (b) PURPOSE.—The purpose of this section is to in9 crease the Federal Communications Commission’s (FCC)

10 authority to fine for indecent broadcasts and prevent fur11 ther relaxation of the media ownership rules in order to

12 stem the rise of indecent programming.

13 (c) FINDINGS.—The Congress makes the following

14 findings:

15 (1) Since 1996 there has been significant con16 solidation in the media industry, including:

17 (A) RADIO.—Clear Channel Communica18 tions went from owning 43 radio stations prior

19 to 1996 to over 1,200 as of January 2003; Cu20 mulus Broadcasting, Inc. was established in

21 1997 and owned 266 stations as of December

22 2003, making it the second-largest radio owner23 ship company in the country; and Infinity

24 Broadcasting Corporation went from owning 43
†

499

S 2400 PP

1 radio stations prior to 1996 to over 185 sta2 tions as of June 2004;

3 (B) TELEVISION.—Viacom/CBS’s national

4 ownership of television stations increased from

5 31.53 percent of United States television house6 holds prior to 1996 to 38.9 percent in 2004;

7 GE/NBC’s national ownership of television sta8 tions increased from 24.65 percent prior to

9 1996 to 33.56 percent in 2004; News Corp./

10 Fox’s national ownership of television stations

11 increased from 22.05 percent prior to 1996 to

12 37.7 percent in 2004;

13 (C) MEDIA MERGERS.—In 2000, Viacom

14 merged with CBS and UPN; in 2002, GE/NBC

15 merged with Telemundo Communications, Inc.

16 and in 2004 with Vivendi Universal Entertain17 ment; in 2003 News Corp./Fox acquired a con18 trolling interest in DirecTV; in 2000, Time

19 Warner, Inc. merged with America Online.

20 (2) Over the same period that there has been

21 significant consolidation in the media industry, the

22 number of indecency complaints also has increased

23 dramatically. The largest owners of television and

24 radio broadcast holdings have received the greatest
†

500

S 2400 PP

1 number of indecency complaints and the largest

2 fines, including:

3 (A) Over 80 percent of the fines proposed

4 by the Federal Communications Commission for

5 indecent broadcasts were against stations

6 owned by two of the top three radio companies.

7 The top radio company alone accounts for over

8 two-thirds of the fines proposed by the FCC;

9 (B) Two of the largest fines proposed by

10 the FCC were against two of the top three

11 radio companies;

12 (C) In 2004, the FCC received over

13 500,000 indecency complaints in response to

14 the Superbowl Halftime show aired on CBS and

15 produced by MTV, both of which are owned by

16 Viacom. This is the largest number of com17 plaints ever received by the FCC for a single

18 broadcast;

19 (D) The number of indecency complaints

20 increased from 111 in 2000 to 240,350 in

21 2003;

22 (3) Media conglomerates do not consider or re23 flect local community standards.

24 (A) The FCC has no record of a television

25 station owned by one of the big four networks
†

501

S 2400 PP

1 (Viacom/CBS, Disney/ABC, News Corp./Fox or

2 GE/NBC) pre-empting national programming

3 for failing to meet community standards;

4 (B) FCC records show that non-network

5 owned stations have often rejected national net6 work programming found to be indecent and of7 fensive to local community standards;

8 (C) A letter from an owned and operated

9 station manager to a viewer stated that pro10 gramming decisions are made by network head11 quarters and not the local owned and operated

12 television station management;

13 (D) The Parents Television Council has

14 found that the ‘‘losers’’ of network ownership

15 ‘‘are the local communities whose standards of

16 decency are being ignored;’’

17 (4) The Senate Commerce Committee has

18 found that the current fines do not deter indecent

19 broadcast because they are merely the cost of doing

20 business for large media companies. Therefore, in

21 order to prevent the continued rise of indecency vio22 lations, the FCC’s authority for indecency fines

23 should be increased and further media consolidation

24 should be prevented.
†

502

S 2400 PP

1 (d) INCREASE IN PENALTIES FOR OBSCENE, INDE2 CENT, AND PROFANE BROADCAST.—Section 503(b)(2) of

3 the Communications Act of 1934 (47 U.S.C. 503(b)(2))

4 is amended.—

5 (1) by redesignating subparagraphs (C) and

6 (D) as subparagraphs (D) and (E), respectively;

7 (2) by inserting after subparagraph (B) the fol8 lowing new subparagraph:

9 ‘‘(C) Notwithstanding subparagraph (A), if the

10 violator is—

11 ‘‘(i)(I) a broadcast station licensee or per12 mittee; or

13 ‘‘(II) an applicant for any broadcast li14 cense, permit, certificate, or other instrument

15 or authorization issued by the Commission; and

16 ‘‘(ii) determined by the Commission under

17 paragraph (1) to have broadcast obscene, inde18 cent, or profane language, the amount of any

19 forfeiture penalty determined under this sub20 section shall not exceed $275,000 for each vio21 lation or each day of a continuing violation, ex22 cept that the amount assessed for any con23 tinuing violation shall not exceed a total of

24 $3,000,000 for any single act or failure to

25 act.’’; and
†

503

S 2400 PP

1 (3) in subparagraph (D), as redesignated by

2 paragraph (1), by striking ‘‘subparagraph (A) or

3 (B)’’ and inserting ‘‘subparagraph (A), (B), or (C)’’.

4 (e) NEW BROADCAST MEDIA OWNERSHIP RULES

5 SUSPENDED.—

6 (1) SUSPENSION.—Subject to the provisions of

7 paragraphs(d)(2), the broadcast media ownership

8 rules adopted by the Federal Communications Com9 mission on June 2, 2003, pursuant to its proceeding

10 on broadcast media ownership rules, Report and

11 Order FCC–03–127, published at 68 FR 46286, Au12 gust 5, 2003, shall be invalid and without legal ef13 fect.

14 (2) CLARIFICATION.—The provisions of para15 graph (1) shall not supersede the amendments made

16 by section 629 of the Miscellaneous Appropriations

17 and Offsets Act, 2004 (Public Law 108–199).

18 (f) ADDITIONAL FACTORS IN INDECENCY PEN19 ALTIES; EXCEPTION.—Section 503(b)(2) of the Commu20 nications Act of 1934 (47 U.S.C. 503(b)(2)), is further

21 amended by adding at the end the following:

22 ‘‘(F) In the case of a violation in which the violator

23 is determined by the Commission under paragraph (1) to

24 have uttered obscene, indecent, or profane material, the

25 Commission shall take into account, in addition to the
†

504

S 2400 PP

1 matters described in subparagraph (E), the following fac2 tors with respect to the degree of culpability of the viola3 tor:

4 ‘‘(i) Whether the material uttered by the viola5 tor was live or recorded, scripted or unscripted.

6 ‘‘(ii) Whether the violator had a reasonable op7 portunity to review recorded or scripted program8 ming or had a reasonable basis to believe live or

9 unscripted programming would contain obscene, in10 decent, or profane material.

11 ‘‘(iii) If the violator originated live or

12 unscripted programming, whether a time delay

13 blocking mechanism was implemented for the pro14 gramming.

15 ‘‘(iv) The size of the viewing or listening audi16 ence of the programming.

17 ‘‘(v) Whether the obscene incident or profane

18 language was within live programming not produced

19 by the station licensee or permitee.

20 ‘‘(vi) The size of the market.

21 ‘‘(vii) Whether the violation occurred during a

22 children’s television program (as such term is used

23 in the Children’s Television Programming Policy ref24 erenced in section 73.4050(c) of the Commission’s

25 regulations (47 C.F.R. 73.4050(c)) or during a tele-
†

505

S 2400 PP

1 vision program rated TVY, TVY7, TVY7FV, or

2 TVG under the TV Parental Guidelines as such rat3 ings were approved by the Commission in implemen4 tation of section 551 of the Telecommunications Act

5 of 1996, Video Programming Ratings, Report and

6 Order, CS Docket No. 97-55, 13 F.C.C. Rcd. 8232

7 (1998)), and, with respect to a radio broadcast sta8 tion licensee, permittee, or applicant, whether the

9 target audience was primarily comprised of, or

10 should reasonably have been expected to be primarily

11 comprised of, children.’’

12 ‘‘(G) The Commission may double the amount of any

13 forfeiture penalty (not to exceed $550,000 for the first vio14 lation, $750,000 for the second violation, and $1,000,000

15 for the third or any subsequent violation not to exceed up

16 to $3,000,000 for all violations in a 24-hour time period

17 notwithstanding section 503(b)(2)(C)) if the Commission

18 determines additional factors are present which are aggra19 vating in nature, including—

20 ‘‘(i) whether the material uttered by the violator

21 was recorded or scripted;

22 ‘‘(ii) whether the violator had a reasonable op23 portunity to review recorded or scripted program24 ming or had a reasonable basis to believe live or
†

506

S 2400 PP

1 unscripted programming would contain obscene, in2 decent, or profane material;

3 ‘‘(iii) whether the violator failed to block live or

4 unscripted programming;

5 ‘‘(iv) whether the size of the viewing or listen6 ing audience of the programming was substantially

7 larger than usual, such as a national or international

8 championship sporting event or awards program;

9 and

10 ‘‘(v) whether the violation occured during a

11 children’s television program (as defined in subpara12 graph (F) (vii)).’’

13 SEC. 1085. CHILDREN’S PROTECTION FROM VIOLENT PRO14 GRAMMING ACT.

15 (a) SHORT TITLE.—This section may be cited as the

16 ‘‘Children’s Protection from Violent Programming Act’’.

17 (b) FINDINGS.—The Congress makes the following

18 findings:

19 (1) Television influences children’s perception

20 of the values and behavior that are common and ac21 ceptable in society.

22 (2) Broadcast television, cable television, and

23 video programming are—

24 (A) uniquely pervasive presences in the

25 lives of all American children; and
†

507

S 2400 PP

1 (B) readily accessible to all American chil2 dren.

3 (3) Violent video programming influences chil4 dren, as does indecent programming.

5 (4) There is empirical evidence that children ex6 posed to violent video programming at a young age

7 have a higher tendency to engage in violent and ag8 gressive behavior later in life than those children not

9 so exposed.

10 (5) There is empirical evidence that children ex11 posed to violent video programming have a greater

12 tendency to assume that acts of violence are accept13 able behavior and therefore to imitate such behavior.

14 (6) There is empirical evidence that children ex15 posed to violent video programming have an in16 creased fear of becoming a victim of violence, result17 ing in increased self-protective behaviors and in18 creased mistrust of others.

19 (7) There is a compelling governmental interest

20 in limiting the negative influences of violent video

21 programming on children.

22 (8) There is a compelling governmental interest

23 in channeling programming with violent content to

24 periods of the day when children are not likely to
†

508

S 2400 PP

1 comprise a substantial portion of the television audi2 ence.

3 (9) A significant amount of violent program4 ming that is readily accessible to minors remains

5 unrated specifically for violence and therefore cannot

6 be blocked solely on the basis of its violent content.

7 (10) Age-based ratings that do not include con8 tent rating for violence do not allow parents to block

9 programming based solely on violent content thereby

10 rendering ineffective any technology-based blocking

11 mechanism designed to limit violent video program12 ming.

13 (11) The most recent study of the television

14 ratings system by the Kaiser Family Foundation

15 concludes that 79 percent of violent programming is

16 not specifically rated for violence.

17 (12) Technology-based solutions, such as the V18 chip, may be helpful in protecting some children, but

19 cannot achieve the compelling governmental interest

20 in protecting all children from violent programming

21 when parents are only able to block programming

22 that has, in fact, been rated for violence.

23 (13) Restricting the hours when violent pro24 gramming can be shown protects the interests of

25 children whose parents are unavailable, unable to su-
†

509

S 2400 PP

1 pervise their children’s viewing behavior, do not have

2 the benefit of technology-based solutions, are unable

3 to afford the costs of technology-based solutions, or

4 are unable to determine the content of those shows

5 that are only subject to age-based ratings.

6 (14) After further study, pursuant to a rule7 making, the Federal Communications Commission

8 may conclude that content-based ratings and block9 ing technology do not effectively protect children

10 from the harm of violent video programming.

11 (15) If the Federal Communications Commis12 sion reaches the conclusion described in paragraph

13 (14), the channeling of violent video programming

14 will be the least restrictive means of limiting the ex15 posure of children to the harmful influences of vio16 lent video programming.

17 SEC. 1086. ASSESSMENT OF EFFECTIVENESS OF CURRENT

18 RATING SYSTEM FOR VIOLENCE AND EFFEC19 TIVENESS OF V-CHIP IN BLOCKING VIOLENT

20 PROGRAMMING.

21 (a) REPORT.—The Federal Communications Com22 mission shall—

23 (1) assess the effectiveness of measures to re24 quire television broadcasters and multichannel video

25 programming distributors (as defined in section
†

510

S 2400 PP

1 602(13) of the Communications Act of 1934 (47

2 U.S.C. 522(13)) to rate and encode programming

3 that could be blocked by parents using the V-chip

4 undertaken under section 715 of the Communica5 tions Act of 1934 (47 U.S.C. 715) and under sub6 sections (w) and (x) of section 303 of that Act (47

7 U.S.C. 303(w) and (x)) in accomplishing the pur8 poses for which they were enacted; and

9 (2) report its findings to the Committee on

10 Commerce, Science, and Transportation of the

11 United States Senate and the Committee on Energy

12 and Commerce of the United States House of Rep13 resentatives, within 12 months after the date of en14 actment of this Act, and annually thereafter.

15 (b) ACTION.—If the Commission finds at any time,

16 as a result of its ongoing assessment under subsection (a),

17 that the measures referred to in subsection (a)(1) are in18 sufficiently effective, then the Commission shall complete

19 a rulemaking within 270 days after the date on which the

20 Commission makes that finding to prohibit the distribu21 tion of violent video programming during the hours when

22 children are reasonably likely to comprise a substantial

23 portion of the audience.

24 (c) DEFINITIONS.—Any term used in this section

25 that is defined in section 715 of the Communications Act
†

511

S 2400 PP

1 of 1934 (47 U.S.C. 715), or in regulations under that sec2 tion, has the same meaning as when used in that section

3 or in those regulations.

4 SEC. 1087. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO

5 PROGRAMMING THAT IS NOT SPECIFICALLY

6 RATED FOR VIOLENCE AND THEREFORE IS

7 NOT BLOCKABLE.

8 Title VII of the Communications Act of 1934 (47

9 U.S.C. 701 et seq.) is amended by adding at the end the

10 following:

11 ‘‘SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO

12 PROGRAMMING NOT SPECIFICALLY

13 BLOCKABLE BY ELECTRONIC MEANS.

14 ‘‘(a) UNLAWFUL DISTRIBUTION.—It shall be unlaw15 ful for any person to distribute to the public any violent

16 video programming not blockable by electronic means spe17 cifically on the basis of its violent content during hours

18 when children are reasonably likely to comprise a substan19 tial portion of the audience.

20 ‘‘(b) RULEMAKING PROCEEDING.—The Commission

21 shall conduct a rulemaking proceeding to implement the

22 provisions of this section and shall promulgate final regu23 lations pursuant to that proceeding not later than 9

24 months after the date of enactment of the Children’s Pro-
†

512

S 2400 PP

1 tection from Violent Programming Act. As part of that

2 proceeding, the Commission—

3 ‘‘(1) may exempt from the prohibition under

4 subsection (a) programming (including news pro5 grams and sporting events) whose distribution does

6 not conflict with the objective of protecting children

7 from the negative influences of violent video pro8 gramming, as that objective is reflected in the find9 ings in section 551(a) of the Telecommunications

10 Act of 1996;

11 ‘‘(2) shall exempt premium and pay-per-view

12 cable programming and premium and pay-per-view

13 direct-to-home satellite programming; and

14 ‘‘(3) shall define the term ‘hours when children

15 are reasonably likely to comprise a substantial por16 tion of the audience’ and the term ‘violent video pro17 gramming’.

18 ‘‘(c) ENFORCEMENT.—

19 ‘‘(1) FORFEITURE PENALTY.—The forfeiture

20 penalties established by section 503(b) for violations

21 of section 1464 of title 18, United States Code, shall

22 apply to a violation of this section, or any regulation

23 promulgated under it in the same manner as if a

24 violation of this section, or such a regulation, were
†

513

S 2400 PP

1 a violation of law subject to a forfeiture penalty

2 under that section.

3 ‘‘(2) LICENSE REVOCATION.—If a person re4 peatedly violates this section or any regulation pro5 mulgated under this section, the Commission shall,

6 after notice and opportunity for hearing, revoke any

7 license issued to that person under this Act.

8 ‘‘(3) LICENSE RENEWALS.—The Commission

9 shall consider, among the elements in its review of

10 an application for renewal of a license under this

11 Act, whether the licensee has complied with this sec12 tion and the regulations promulgated under this sec13 tion.

14 ‘‘(d) DEFINITIONS.—For purposes of this section—

15 ‘‘(1) BLOCKABLE BY ELECTRONIC MEANS.—

16 The term ‘blockable by electronic means’ means

17 blockable by the feature described in section 303(x).

18 ‘‘(2) DISTRIBUTE.—The term ‘distribute’

19 means to send, transmit, retransmit, telecast, broad20 cast, or cablecast, including by wire, microwave, or

21 satellite, but it does not include the transmission, re22 transmission, or receipt of any voice, data, graphics,

23 or video telecommunications accessed through an

24 interactive computer service as defined in section

25 230(f)(2) of the Communications Act of 1934 (47
†

514

S 2400 PP

1 U.S.C. 230(f)(2)), which is not originated or trans2 mitted in the ordinary course of business by a tele3 vision broadcast station or multichannel video pro4 gramming distributor as defined in section 602(13)

5 of that Act (47 U.S.C. 522(13)).

6 ‘‘(3) VIOLENT VIDEO PROGRAMMING.—The

7 term ‘violent video programming’ as defined by the

8 Commission may include matter that is excessive or

9 gratuitous violence within the meaning of the 1992

10 Broadcast Standards for the Depiction of Violence

11 in Television Programs, December 1992.’’.

12 SEC. 1088. SEPARABILITY.

13 If any provision of this title, or any provision of an

14 amendment made by this title, or the application thereof

15 to particular persons or circumstances, is found to be un16 constitutional, the remainder of this title or that amend17 ment, or the application thereof to other persons or cir18 cumstances shall not be affected.

19 SEC. 1089. EFFECTIVE DATE.

20 The prohibition contained in section 715 of the Com21 munications Act of 1934 (as added by section 204 of this

22 title) and the regulations promulgated thereunder shall

23 take effect 1 year after the regulations are adopted by the

24 Commission.
†

515

S 2400 PP

1 SEC. 1090. PILOT PROGRAM ON CRYPTOLOGIC SERVICE

2 TRAINING.

3 (a) PROGRAM AUTHORIZED.—The Director of the

4 National Security Agency may carry out a pilot program

5 on cryptologic service training for the intelligence commu6 nity.

7 (b) OBJECTIVE OF PROGRAM.—The objective of the

8 pilot program is to increase the number of qualified entry9 level language analysts and intelligence analysts available

10 to the National Security Agency and the other elements

11 of the intelligence community through the directed prepa12 ration and recruitment of qualified entry-level language

13 analysts and intelligence analysts who commit to a period

14 of service or a career in the intelligence community.

15 (c) PROGRAM SCOPE.—The pilot program shall be

16 national in scope.

17 (d) PROGRAM PARTICIPANTS.—(1) Subject to the

18 provisions of this subsection, the Director shall select the

19 participants in the pilot program from among individuals

20 qualified to participate in the pilot program utilizing such

21 procedures as the Director considers appropriate for pur22 poses of the pilot program.

23 (2) Each individual who receives financial assistance

24 under the pilot program shall perform one year of obli25 gated service with the National Security Agency, or an26 other element of the intelligence community approved by
†

516

S 2400 PP

1 the Director, for each academic year for which such indi2 vidual receives such financial assistance upon such individ3 ual’s completion of post-secondary education.

4 (3) Each individual selected to participate in the pilot

5 program shall be qualified for a security clearance appro6 priate for the individual under the pilot program.

7 (4) The total number of participants in the pilot pro8 gram at any one time may not exceed 400 individuals.

9 (e) PROGRAM MANAGEMENT.—In carrying out the

10 pilot program, the Director shall—

11 (1) identify individuals interested in working in

12 the intelligence community, and committed to taking

13 college-level courses that will better prepare them for

14 a career in the intelligence community as a language

15 analysts or intelligence analyst;

16 (2) provide each individual selected for partici17 pation in the pilot program—

18 (A) financial assistance for the pursuit of

19 courses at institutions of higher education se20 lected by the Director in fields of study that

21 will qualify such individual for employment by

22 an element of the intelligence community as a

23 language analyst or intelligence analyst; and

24 (B) educational counseling on the selection

25 of courses to be so pursued; and
†

517

S 2400 PP

1 (3) provide each individual so selected informa2 tion on the opportunities available for employment in

3 the intelligence community.

4 (f) DURATION OF PROGRAM.—(1) The Director shall

5 terminate the pilot program not later than six years after

6 the date of the enactment of this Act.

7 (2) The termination of the pilot program under para8 graph (1) shall not prevent the Director from continuing

9 to provide assistance, counseling, and information under

10 subsection (e) to individuals who are participating in the

11 pilot program on the date of termination of the pilot pro12 gram throughout the academic year in progress as of that

13 date.

14 SEC. 1091. ENERGY SAVINGS PERFORMANCE CONTRACTS.

15 (a) IN GENERAL.—Section 801(c) of the National

16 Energy Conservation Policy Act (42 U.S.C. 8287(c)) is

17 amended by striking ‘‘2003’’ and inserting ‘‘2005’’.

18 (b) PAYMENT OF COSTS.—Section 802 of the Na19 tional Energy Conservation Policy Act (42 U.S.C. 8287a)

20 is amended by inserting ‘‘, water, or wastewater treat21 ment’’ after ‘‘payment of energy’’.

22 (c) ENERGY SAVINGS.—Section 804(2) of the Na23 tional Energy Conservation Policy Act (42 U.S.C.

24 8287c(2)) is amended to read as follows:
†

518

S 2400 PP

1 ‘‘(2) The term ‘energy savings’ means a reduc2 tion in the cost of energy, water, or wastewater

3 treatment, from a base cost established through a

4 methodology set forth in the contract, used in an ex5 isting federally owned building or buildings or other

6 federally owned facilities as a result of—

7 ‘‘(A) the lease or purchase of operating

8 equipment, improvements, altered operation and

9 maintenance, or technical services;

10 ‘‘(B) the increased efficient use of existing

11 energy sources by cogeneration or heat recov12 ery, excluding any cogeneration process for

13 other than a federally owned building or build14 ings or other federally owned facilities; or

15 ‘‘(C) the increased efficient use of existing

16 water sources in either interior or exterior ap17 plications.’’.

18 (d) ENERGY SAVINGS CONTRACT.—Section 804(3) of

19 the National Energy Conservation Policy Act (42 U.S.C.

20 8287c(3)) is amended to read as follows:

21 ‘‘(3) The terms ‘energy savings contract’ and

22 ‘energy savings performance contract’ mean a con23 tract that provides for the performance of services

24 for the design, acquisition, installation, testing, and,

25 where appropriate, operation, maintenance, and re-
†

519

S 2400 PP

1 pair, of an identified energy or water conservation

2 measure or series of measures at 1 or more loca3 tions. Such contracts shall, with respect to an agen4 cy facility that is a public building (as such term is

5 defined in section 3301 of title 40, United States

6 Code), be in compliance with the prospectus require7 ments and procedures of section 3307 of title 40,

8 United States Code.’’.

9 (e) ENERGY OR WATER CONSERVATION MEASURE.—

10 Section 804(4) of the National Energy Conservation Pol11 icy Act (42 U.S.C. 8287c(4)) is amended to read as fol12 lows:

13 ‘‘(4) The term ‘energy or water conservation

14 measure’ means—

15 ‘‘(A) an energy conservation measure, as

16 defined in section 551; or

17 ‘‘(B) a water conservation measure that

18 improves the efficiency of water use, is life-cycle

19 cost-effective, and involves water conservation,

20 water recycling or reuse, more efficient treat21 ment of wastewater or stormwater, improve22 ments in operation or maintenance efficiencies,

23 retrofit activities, or other related activities, not

24 at a Federal hydroelectric facility.’’.
†

520

S 2400 PP

1 (f) REVIEW.—Not later than 180 days after the date

2 of the enactment of this Act, the Secretary of Energy shall

3 complete a review of the Energy Savings Performance

4 Contract program to identify statutory, regulatory, and

5 administrative obstacles that prevent Federal agencies

6 from fully utilizing the program. In addition, this review

7 shall identify all areas for increasing program flexibility

8 and effectiveness, including audit and measurement

9 verification requirements, accounting for energy use in de10 termining savings, contracting requirements, including the

11 identification of additional qualified contractors, and en12 ergy efficiency services covered. The Secretary shall report

13 these findings to Congress and shall implement identified

14 administrative and regulatory changes to increase pro15 gram flexibility and effectiveness to the extent that such

16 changes are consistent with statutory authority.

17 (g) EXTENSION OF AUTHORITY.—Any energy sav18 ings performance contract entered into under section 801

19 of the National Energy Conservation Policy Act (42

20 U.S.C. 8287) after October 1, 2003, and before the date

21 of enactment of this Act, shall be deemed to have been

22 entered into pursuant to such section 801 as amended by

23 subsection (a) of this section.
†

521

S 2400 PP

1 SEC. 1092. CLARIFICATION OF FISCAL YEAR 2004 FUNDING

2 LEVEL FOR A NATIONAL INSTITUTE OF

3 STANDARDS AND TECHNOLOGY ACCOUNT.

4 For the purposes of applying sections 204 and 605

5 of the Departments of Commerce, Justice, and State, the

6 Judiciary, and Related Agencies Appropriations Act, 2004

7 (division B of Public Law 108–199) to matters in title

8 II of such Act under the heading ‘‘NATIONAL INSTITUTE

9 OF STANDARDS AND TECHNOLOGY’’ (118 Stat.69), in the

10 account under the heading ‘‘INDUSTRIAL TECHNOLOGY

11 SERVICES’’, the Secretary of Commerce shall make all de12 terminations based on the Industrial Technology Services

13 funding level of $218,782,000 for reprogramming and

14 transferring of funds for the Manufacturing Extension

15 Partnership program and shall submit such a reprogram16 ming or transfer, as the case may be, to the appropriate

17 committees within 30 days after the date of the enactment

18 of this Act.

19 SEC. 1093. REPORT ON OFFSET REQUIREMENTS UNDER

20 CERTAIN CONTRACTS.

21 Section 8138(b) of the Department of Defense Ap22 propriations Act, 2004 (Public Law 108–87; 117 Stat.

23 1106; 10 U.S.C. 2532 note) is amended by adding at the

24 end the following new paragraph:

25 ‘‘(4) The extent to which any foreign country

26 imposes, whether by law or practice, offsets in excess
†

522

S 2400 PP

1 of 100 percent on United States suppliers of goods

2 or services, and the impact of such offsets with re3 spect to employment in the United States, sales rev4 enue relative to the value of such offsets, technology

5 transfer of goods that are critical to the national se6 curity of the United States, and global market share

7 of United States companies.’’.

8 TITLE XI—DEPARTMENT OF DE9 FENSE CIVILIAN PERSONNEL

10 POLICY

11 SEC. 1101. SCIENCE, MATHEMATICS, AND RESEARCH FOR

12 TRANSFORMATION (SMART) DEFENSE SCHOL13 ARSHIP PILOT PROGRAM.

14 (a) REQUIREMENT FOR PROGRAM.—(1) The Sec15 retary of Defense shall carry out a pilot program to pro16 vide financial assistance for education in science, mathe17 matics, engineering, and technology skills and disciplines

18 that, as determined by the Secretary, are critical to the

19 national security functions of the Department of Defense

20 and are needed in the Department of Defense workforce.

21 (2) The pilot program under this section shall be car22 ried out for three years beginning on October 1, 2004.

23 (b) SCHOLARSHIPS.—(1) Under the pilot program,

24 the Secretary of Defense may award a scholarship in ac25 cordance with this section to a person who—
†

523

S 2400 PP

1 (A) is a citizen of the United States;

2 (B) is pursuing an undergraduate or advanced

3 degree in a critical skill or discipline described in

4 subsection (a) at an institution of higher education;

5 and

6 (C) enters into a service agreement with the

7 Secretary of Defense as described in subsection (c).

8 (2) The amount of the financial assistance provided

9 under a scholarship awarded to a person under this sub10 section shall be the amount determined by the Secretary

11 of Defense as being necessary to pay all educational ex12 penses incurred by that person, including tuition, fees,

13 cost of books, laboratory expenses, and expenses of room

14 and board. The expenses paid, however, shall be limited

15 to those educational expenses normally incurred by stu16 dents at the institution of higher education involved.

17 (c) SERVICE AGREEMENT FOR RECIPIENTS OF AS18 SISTANCE.—(1) To receive financial assistance under this

19 section—

20 (A) in the case of an employee of the Depart21 ment of Defense, the employee shall enter into a

22 written agreement to continue in the employment of

23 the department for the period of obligated service

24 determined under paragraph (2); and
†

524

S 2400 PP

1 (B) in the case of a person not an employee of

2 the Department of Defense, the person shall enter

3 into a written agreement to accept and continue em4 ployment in the Department of Defense for the pe5 riod of obligated service determined under paragraph

6 (2).

7 (2) For the purposes of this subsection, the period

8 of obligated service for a recipient of a scholarship under

9 this section shall be the period determined by the Sec10 retary of Defense as being appropriate to obtain adequate

11 service in exchange for the financial assistance provided

12 under the scholarship. In no event may the period of serv13 ice required of a recipient be less than the total period

14 of pursuit of a degree that is covered by the scholarship.

15 The period of obligated service is in addition to any other

16 period for which the recipient is obligated to serve in the

17 civil service of the United States.

18 (3) An agreement entered into under this subsection

19 by a person pursuing an academic degree shall include any

20 terms and conditions that the Secretary of Defense deter21 mines necessary to protect the interests of the United

22 States or otherwise appropriate for carrying out this sec23 tion.

24 (d) REFUND FOR PERIOD OF UNSERVED OBLIGATED

25 SERVICE.—(1) A person who voluntarily terminates serv-
†

525

S 2400 PP

1 ice before the end of the period of obligated service re2 quired under an agreement entered into under subsection

3 (c) shall refund to the United States an amount deter4 mined by the Secretary of Defense as being appropriate

5 to obtain adequate service in exchange for financial assist6 ance.

7 (2) An obligation to reimburse the United States im8 posed under paragraph (1) is for all purposes a debt owed

9 to the United States.

10 (3) The Secretary of Defense may waive, in whole or

11 in part, a refund required under paragraph (1) if the Sec12 retary determines that recovery would be against equity

13 and good conscience or would be contrary to the best inter14 ests of the United States.

15 (4) A discharge in bankruptcy under title 11, United

16 States Code, that is entered less than five years after the

17 termination of an agreement under this section does not

18 discharge the person signing such agreement from a debt

19 arising under such agreement or under this subsection.

20 (e) RELATIONSHIP TO OTHER PROGRAMS.—The pilot

21 program under this section is in addition to the authorities

22 provided in chapter 111 of title 10, United States Code.

23 The Secretary of Defense shall coordinate the provision

24 of financial assistance under the authority of this section

25 with the provision of financial assistance under the au-
†

526

S 2400 PP

1 thorities provided in such chapter in order to maximize

2 the benefits derived by the Department of Defense from

3 the exercise of all such authorities.

4 (f) RECOMMENDATION ON PILOT PROGRAM.—Not

5 later than February 1, 2007, the Secretary of Defense

6 shall submit to the Committees on Armed Services of the

7 Senate and the House of Representatives, the Committee

8 on Governmental Affairs of the Senate, and the Com9 mittee on Government Reform of the House of Represent10 atives a plan for expanding and improving the national

11 defense science and engineering workforce educational as12 sistance pilot program carried out under this section as

13 appropriate to improve recruitment and retention to meet

14 the requirements of the Department of Defense for its

15 science and engineering workforce on a short-term basis

16 and on a long-term basis.

17 (g) CRITICAL HIRING NEED.—Section 3304(a)(3) of

18 title 5, United States Code, is amended by striking sub19 paragraph (B) and inserting the following:

20 ‘‘(B)(i) the Office of Personnel Manage21 ment has determined that there exists a severe

22 shortage of candidates or there is a critical hir23 ing need; or

24 ‘‘(ii) the candidate is a participant in the

25 Science, Mathematics, and Research for Trans-
†

527

S 2400 PP

1 formation (SMART) Defense Scholarship Pilot

2 Program under section 1101 of the National

3 Defense Authorization Act for Fiscal Year

4 2005.’’.

5 (h) INSTITUTION OF HIGHER EDUCATION DE6 FINED.—In this section, the term ‘‘institution of higher

7 education’’ has the meaning given such term in section

8 101 of the Higher Education Act of 1965 (21 U.S.C.

9 1001).

10 SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.

11 (a) ELIGIBILITY FOR SERVICE NOT RELATED TO

12 CONTINGENCY OPERATIONS.—Section 1596a(a)(2) of

13 title 10, United States Code, is amended by striking ‘‘dur14 ing a contingency operation supported by the armed

15 forces’’.

16 (b) EFFECTIVE DATE AND APPLICABILITY.—The

17 amendment by this section shall take effect on October

18 1, 2004, and shall apply with respect to months beginning

19 on or after such date.

20 SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY

21 FOR CIVILIAN INTELLIGENCE PERSONNEL.

22 (a) PAY RATES.—Section 1602(a) of title 10, United

23 States Code, is amended by striking ‘‘in relation to the

24 rates of pay provided in subpart D of part III of title 5

25 for positions subject to that subpart which have cor-
†

528

S 2400 PP

1 responding levels of duties and responsibilities’’ and in2 serting ‘‘in relation to the rates of pay provided for com3 parable positions in the Department of Defense, including

4 Senior Executive Service positions (as defined in section

5 3132 of title 5) or other senior level positions’’.

6 (b) PERFORMANCE APPRAISAL SYSTEM.—Section

7 1606 of such title is amended by adding at the end the

8 following new subsection:

9 ‘‘(d) PERFORMANCE APPRAISALS.—(1) The Defense

10 Intelligence Senior Executive Service shall be subject to

11 a performance appraisal system which, as designed and

12 applied, is certified by the Secretary of Defense under sec13 tion 5307 of title 5 as making meaningful distinctions

14 based on relative performance.

15 ‘‘(2) The performance appraisal system applicable to

16 the Defense Intelligence Senior Executive Service under

17 paragraph (1) may be the same performance appraisal

18 system that is established and implemented within the De19 partment of Defense for members of the Senior Executive

20 Service.’’.

21 SEC. 1104. ACCUMULATION OF ANNUAL LEAVE BY INTEL22 LIGENCE SENIOR LEVEL EMPLOYEES.

23 Section 6304(f)(1) of title 5, United States Code, is

24 amended—
†

529

S 2400 PP

1 (1) in the matter preceding subparagraph (A),

2 by striking ‘‘in a position’’;

3 (2) in subparagraphs (A), (B), (C), (D), and

4 (E), by inserting ‘‘a position in’’ before ‘‘the’’;

5 (3) by striking ‘‘or’’ at the end of subparagraph

6 (D);

7 (4) by striking the period at the end of sub8 paragraph (E) and inserting ‘‘; or’’; and

9 (5) by adding at the end the following new sub10 paragraph:

11 ‘‘(F) a position designated as an Intelligence

12 Senior Level position under section 1607(a) of title

13 10.’’.

14 SEC. 1105. PAY PARITY FOR SENIOR EXECUTIVES IN DE15 FENSE NONAPPROPRIATED FUND INSTRU16 MENTALITIES.

17 (a) AUTHORITY.—Chapter 81 of title 10, United

18 States Code, is amended by inserting after section 1587

19 the following new section:

20 ‘‘§ 1587a. Employees of nonappropriated fund instru21 mentalities: senior executive pay levels

22 ‘‘(a) AUTHORITY.—To achieve the objective stated in

23 subsection (b), the Secretary of Defense may regulate the

24 amount of total compensation that is provided for senior

25 executives of nonappropriated fund instrumentalities who,
†

530

S 2400 PP

1 for the fixing of pay by administrative action, are under

2 the jurisdiction of the Secretary of Defense or the Sec3 retary of a military department.

4 ‘‘(b) PAY PARITY.—The objective of an action taken

5 with respect to the compensation of a senior executive

6 under subsection (a) is to provide for parity between the

7 total compensation provided for such senior executive and

8 total compensation that is provided for Department of De9 fense employees in Senior Executive Service positions or

10 other senior executive positions.

11 ‘‘(c) STANDARDS OF COMPARABILITY.—Subject to

12 subsection (d), the Secretary of Defense shall prescribe the

13 standards of comparison that are to apply in the making

14 of the determinations necessary to achieve the objective

15 stated in subsection (b).

16 ‘‘(d) ESTABLISHMENT OF PAY RATES.—The Sec17 retary of Defense shall apply subsections (a) and (b) of

18 section 5382 of title 5 in the regulation of compensation

19 under this section.

20 ‘‘(e) RELATIONSHIP TO PAY LIMITATION.—The Sec21 retary of Defense may exercise the authority provided in

22 subsection (a) without regard to section 5373 of title 5.

23 ‘‘(f) DEFINITIONS.—In this section:

24 ‘‘(1) The term ‘compensation’ includes rate of

25 basic pay.
†

531

S 2400 PP

1 ‘‘(2) The term ‘Senior Executive Service posi2 tion’ has the meaning given such term in section

3 3132 of title 5.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections

5 at the beginning of such chapter is amended by inserting

6 after the item relating to section 1587 the following new

7 item:

‘‘1587a. Employees of nonappropriated fund instrumentalities: senior executive

pay levels.’’.

8 SEC. 1106. HEALTH BENEFITS PROGRAM FOR EMPLOYEES

9 OF NONAPPROPRIATED FUND INSTRUMEN10 TALITIES.

11 (a) ESTABLISHMENT.—(1) Chapter 81 of title 10,

12 United States Code, as amended by section 1105(a), is

13 further amended by inserting after section 1587a the fol14 lowing new section:

15 ‘‘§ 1587b. Employees of nonappropriated fund instru16 mentalities: health benefits program

17 ‘‘(a) PROGRAM REQUIRED.—The Secretary of De18 fense shall provide a uniform health benefits program for

19 employees of the Department of Defense assigned to a

20 nonappropriated fund instrumentality of the United

21 States.

22 ‘‘(b) EXEMPTION FROM STATE AND LOCAL LAWS,

23 TAXES, AND OTHER REQUIREMENTS.—The exemption in

24 section 8909(f) of title 5 shall apply to the program under
†

532

S 2400 PP

1 subsection (a) and to a carrier, underwriting contractor,

2 and plan administration contractor under such program

3 in the same manner and to the same extent as such ex4 emption applies under section 8909(f) of such title to an

5 approved health benefits plan under chapter 89 of such

6 title and a carrier, underwriting subcontractor, and plan

7 administration subcontractor, respectively, of such a

8 plan.’’.

9 (2) The table of sections at the beginning of such

10 chapter, as amended by section 1105(b), is further amend11 ed by inserting after the item relating to section 1587a

12 the following new item:

‘‘1587b. Employees of nonappropriated fund instrumentalities: health benefits

program.’’.

13 (b) REPEAL OF SUPERSEDED LAW.—Section 349 of

14 the National Defense Authorization Act for Fiscal Year

15 1995 (Public Law 103–337; 108 Stat. 2727; 10 U.S.C.

16 1587 note) is repealed.

17 SEC. 1107. BID PROTESTS BY FEDERAL EMPLOYEES IN AC18 TIONS UNDER OFFICE OF MANAGEMENT AND

19 BUDGET CIRCULAR A–76.

20 (a) ELIGIBILITY TO PROTEST.—(1) Section 3551(2)

21 of title 31, United States Code, is amended to read as

22 follows:

23 ‘‘(2) The term ‘interested party’—
†

533

S 2400 PP

1 ‘‘(A) with respect to a contract or a solici2 tation or other request for offers described in

3 paragraph (1), means an actual or prospective

4 bidder or offeror whose direct economic interest

5 would be affected by the award of the contract

6 or by failure to award the contract; and

7 ‘‘(B) with respect to a public-private com8 petition conducted under Office of Management

9 and Budget Circular A–76 regarding perform10 ance of an activity or function of a Federal

11 agency, includes—

12 ‘‘(i) any official who submitted the

13 agency tender in such competition; and

14 ‘‘(ii) any one person who, for the pur15 pose of representing them in a protest

16 under this subchapter that relates to such

17 competition, has been designated as their

18 agent by a majority of the employees of

19 such Federal agency who are engaged in

20 the performance of such activity or func21 tion.’’.

22 (2)(A) Subchapter V of chapter 35 of such title is

23 amended by adding at the end the following new section:
†

534

S 2400 PP

1 ‘‘§ 3557. Expedited action in protests for public-pri2 vate competitions

3 ‘‘For protests in cases of public-private competitions

4 conducted under Office of Management and Budget Cir5 cular A–76 regarding performance of an activity or func6 tion of Federal agencies, the Comptroller General shall ad7 minister the provisions of this subchapter in a manner

8 best suited for expediting final resolution of such protests

9 and final action in such competitions.’’.

10 (B) The chapter analysis at the beginning of such

11 chapter is amended by inserting after the item relating

12 to section 3556 the following new item:

‘‘3557. Expedited action in protests for public-private competitions.’’.

13 (b) RIGHT TO INTERVENE IN CIVIL ACTION.—Sec14 tion 1491(b) of title 28, United States Code, is amended

15 by adding at the end the following new paragraph:

16 ‘‘(5) If a private sector interested party commences

17 an action described in paragraph (1) in the case of a pub18 lic-private competition conducted under Office of Manage19 ment and Budget Circular A–76 regarding performance

20 of an activity or function of a Federal agency, then an

21 official or person described in section 3551(2)(B) of title

22 31 shall be entitled to intervene in that action.’’.

23 (c) APPLICABILITY.—Subparagraph (B) of section

24 3551(2) of title 31, United States Code (as added by sub25 section (a)), and paragraph (5) of section 1491(b) of title
†

535

S 2400 PP

1 28, United States Code (as added by subsection (b)), shall

2 apply to—

3 (1) protests and civil actions that challenge

4 final selections of sources of performance of an ac5 tivity or function of a Federal agency that are made

6 pursuant to studies initiated under Office of Man7 agement and Budget Circular A–76 on or after Jan8 uary 1, 2004; and

9 (2) any other protests and civil actions that re10 late to public-private competitions initiated under

11 Office of Management and Budget Circular A–76 on

12 or after the date of the enactment of this Act.

13 SEC. 1108. REPORT ON HOW TO RECRUIT AND RETAIN INDI14 VIDUALS WITH FOREIGN LANGUAGE SKILLS.

15 (a) FINDINGS.—Congress makes the following find16 ings:

17 (1) The Federal Government has a requirement

18 to ensure that the employees of its departments and

19 agencies with national security responsibilities are

20 prepared to meet the challenges of this evolving

21 international environment.

22 (2) According to a 2002 General Accounting

23 Office report, Federal agencies have shortages in

24 translators and interpreters and an overall shortfall

25 in the language proficiency levels needed to carry
†

536

S 2400 PP

1 out their missions which has adversely affected agen2 cy operations and hindered United States military,

3 law enforcement, intelligence, counterterrorism, and

4 diplomatic efforts.

5 (3) Foreign language skills and area expertise

6 are integral to, or directly support, every foreign in7 telligence discipline and are essential factors in na8 tional security readiness, information superiority,

9 and coalition peacekeeping or warfighting missions.

10 (4) Communicating in languages other than

11 English and understanding and accepting cultural

12 and societal differences are vital to the success of

13 peacetime and wartime military and intelligence ac14 tivities.

15 (5) Proficiency levels required for foreign lan16 guage support to national security functions have

17 been raised, and what was once considered pro18 ficiency is no longer the case. The ability to com19 prehend and articulate technical and complex infor20 mation in foreign languages has become critical.

21 (6) According to the Joint Intelligence Com22 mittee Inquiry into the 9/11 Terrorist Attacks, the

23 Intelligence Community had insufficient linguists

24 prior to September 11, 2001, to handle the challenge

25 it faced in translating the volumes of foreign lan-
†

537

S 2400 PP

1 guage counterterrorism intelligence it collected.

2 Agencies within the Intelligence Community experi3 enced backlogs in material awaiting translation, a

4 shortage of language specialists and language-quali5 fied field officers, and a readiness level of only 30

6 percent in the most critical terrorism-related lan7 guages that are used by terrorists.

8 (7) Because of this shortage, the Federal Gov9 ernment has had to enter into private contracts to

10 procure linguist and translator services, including in

11 some positions that would be more appropriately

12 filled by permanent Federal employees or members

13 of the United States Armed Forces.

14 (b) REPORT.—In its fiscal year 2006 budget request,

15 the Secretary of Defense shall submit to the Committees

16 on Armed Services of the Senate and the House of Rep17 resentatives and the Select Committee on Intelligence of

18 the Senate and the Permanent Select Committee on Intel19 ligence of the House of Representatives, a plan for ex20 panding and improving the national security foreign lan21 guage workforce of the Department of Defense as appro22 priate to improve recruitment and retention to meet the

23 requirements of the Department for its foreign language

24 workforce on a short-term basis and on a long-term basis.
†

538

S 2400 PP

1 SEC. 1109. PLAN ON IMPLEMENTATION AND UTILIZATION

2 OF FLEXIBLE PERSONNEL MANAGEMENT AU3 THORITIES IN DEPARTMENT OF DEFENSE

4 LABORATORIES.

5 (a) PLAN REQUIRED.—The Under Secretary of De6 fense for Acquisition, Technology, and Logistics and the

7 Under Secretary of Defense for Personnel and Readiness

8 shall jointly develop a plan for the effective utilization of

9 the personnel management authorities referred to in sub10 section (b) in order to increase the mission responsiveness,

11 efficiency, and effectiveness of Department of Defense lab12 oratories.

13 (b) COVERED AUTHORITIES.—The personnel man14 agement authorities referred to in this subsection are the

15 personnel management authorities granted to the Sec16 retary of Defense by the provisions of law as follows:

17 (1) Section 342(b) of the National Defense Au18 thorization Act for Fiscal Year 1995 (Public Law

19 103–337; 108 Stat. 2721), as amended by section

20 1114 of the Floyd D. Spence National Defense Au21 thorization Act for Fiscal Year 2001 (as enacted

22 into law by Public Law 106–398 (114 Stat. 1654A–

23 315)).

24 (2) Section 1101 of the Strom Thurmond Na25 tional Defense Authorization Act for Fiscal Year

26 1999 (Public Law 105–261; 5 U.S.C. 3104 note).
†

539

S 2400 PP

1 (3) Such other provisions of law as the Under

2 Secretaries jointly consider appropriate for purposes

3 of this section.

4 (c) PLAN ELEMENTS.—The plan under subsection

5 (a) shall—

6 (1) include such elements as the Under Secre7 taries jointly consider appropriate to provide for the

8 effective utilization of the personnel management au9 thorities referred to in subsection (b) as described in

10 subsection (a), including the recommendations of the

11 Under Secretaries for such additional authorities, in12 cluding authorities for demonstration programs or

13 projects, as are necessary to achieve the effective

14 utilization of such personnel management authori15 ties; and

16 (2) include procedures, including a schedule for

17 review and decisions, on proposals to modify current

18 demonstration programs or projects, or to initiate

19 new demonstration programs or projects, on flexible

20 personnel management at Department laboratories

21 (d) SUBMITTAL TO CONGRESS.—The Under Secre22 taries shall jointly submit to Congress the plan under sub23 section (a) not later than February 1, 2006.
†

540

S 2400 PP

1 SEC. 1110. NONREDUCTION IN PAY WHILE FEDERAL EM2 PLOYEE IS PERFORMING ACTIVE SERVICE IN

3 THE UNIFORMED SERVICES OR NATIONAL

4 GUARD.

5 (a) SHORT TITLE.—This section may be cited as the

6 ‘‘Reservists Pay Security Act of 2004’’.

7 (b) IN GENERAL.—Subchapter IV of chapter 55 of

8 title 5, United States Code, is amended by adding at the

9 end the following:

10 ‘‘§ 5538. Nonreduction in pay while serving in the

11 uniformed services or National Guard

12 ‘‘(a) An employee who is absent from a position of

13 employment with the Federal Government in order to per14 form active duty in the uniformed services pursuant to a

15 call or order to active duty under a provision of law re16 ferred to in section 101(a)(13)(B) of title 10 shall be enti17 tled, while serving on active duty, to receive, for each pay

18 period described in subsection (b), an amount equal to the

19 amount by which—

20 ‘‘(1) the amount of basic pay which would oth21 erwise have been payable to such employee for such

22 pay period if such employee’s civilian employment

23 with the Government had not been interrupted by

24 that service, exceeds (if at all)

25 ‘‘(2) the amount of pay and allowances which

26 (as determined under subsection (d))—
†

541

S 2400 PP

1 ‘‘(A) is payable to such employee for that

2 service; and

3 ‘‘(B) is allocable to such pay period.

4 ‘‘(b)(1) Amounts under this section shall be payable

5 with respect to each pay period (which would otherwise

6 apply if the employee’s civilian employment had not been

7 interrupted)—

8 ‘‘(A) during which such employee is entitled to

9 reemployment rights under chapter 43 of title 38

10 with respect to the position from which such em11 ployee is absent (as referred to in subsection (a));

12 and

13 ‘‘(B) for which such employee does not other14 wise receive basic pay (including by taking any an15 nual, military, or other paid leave) to which such

16 employee is entitled by virtue of such employee’s ci17 vilian employment with the Government.

18 ‘‘(2) For purposes of this section, the period during

19 which an employee is entitled to reemployment rights

20 under chapter 43 of title 38—

21 ‘‘(A) shall be determined disregarding the provi22 sions of section 4312(d) of title 38; and

23 ‘‘(B) shall include any period of time specified

24 in section 4312(e) of title 38 within which an em25 ployee may report or apply for employment or reem-
†

542

S 2400 PP

1 ployment following completion of service on active

2 duty to which called or ordered as described in sub3 section (a).

4 ‘‘(c) Any amount payable under this section to an em5 ployee shall be paid—

6 ‘‘(1) by such employee’s employing agency;

7 ‘‘(2) from the appropriation or fund which

8 would be used to pay the employee if such employee

9 were in a pay status; and

10 ‘‘(3) to the extent practicable, at the same time

11 and in the same manner as would basic pay if such

12 employee’s civilian employment had not been inter13 rupted.

14 ‘‘(d) The Office of Personnel Management shall, in

15 consultation with Secretary of Defense, prescribe any reg16 ulations necessary to carry out the preceding provisions

17 of this section.

18 ‘‘(e)(1) The head of each agency referred to in section

19 2302(a)(2)(C)(ii) shall, in consultation with the Office,

20 prescribe procedures to ensure that the rights under this

21 section apply to the employees of such agency.

22 ‘‘(2) The Administrator of the Federal Aviation Ad23 ministration shall, in consultation with the Office, pre24 scribe procedures to ensure that the rights under this sec25 tion apply to the employees of that agency.
†

543

S 2400 PP

1 ‘‘(f) For purposes of this section—

2 ‘‘(1) the terms ‘employee’, ‘Federal Govern3 ment’, and ‘uniformed services’ have the same re4 spective meanings as given them in section 4303 of

5 title 38;

6 ‘‘(2) the term ‘employing agency’, as used with

7 respect to an employee entitled to any payments

8 under this section, means the agency or other entity

9 of the Government (including an agency referred to

10 in section 2302(a)(2)(C)(ii)) with respect to which

11 such employee has reemployment rights under chap12 ter 43 of title 38; and

13 ‘‘(3) the term ‘basic pay’ includes any amount

14 payable under section 5304.’’.

15 (c) CLERICAL AMENDMENT.—The table of sections

16 for chapter 55 of title 5, United States Code, is amended

17 by inserting after the item relating to section 5537 the

18 following:

‘‘5538. Nonreduction in pay while serving in the uniformed services or National

Guard.’’.

19 (d) EFFECTIVE DATE.—

20 (1) IN GENERAL.—The amendments made by

21 this section shall apply with respect to pay periods

22 (as described in section 5538(b) of title 5, United

23 States Code, as amended by this section) beginning

24 on or after the date of enactment of this Act.
†

544

S 2400 PP

1 (2) CONDITIONAL RETROACTIVE APPLICA2 TION.—

3 (A) IN GENERAL.—The amendments made

4 by this section shall apply with respect to pay

5 periods (as described in section 5538(b) of title

6 5, United States Code, as amended by this sec7 tion) beginning on or after October 11, 2002

8 through the date of enactment of this Act, sub9 ject to the availability of appropriations.

10 (B) AUTHORIZATION OF APPROPRIA11 TIONS.—There are authorized to be appro12 priated $100,000,000 for purposes of subpara13 graph (A).

14 TITLE XII—COOPERATIVE

15 THREAT REDUCTION WITH

16 STATES OF THE FORMER SO17 VIET UNION

18 SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT RE19 DUCTION PROGRAMS AND FUNDS.

20 (a) SPECIFICATION OF CTR PROGRAMS.—For pur21 poses of section 301 and other provisions of this Act, Co22 operative Threat Reduction programs are the programs

23 specified in section 1501(b) of the National Defense Au24 thorization Act for Fiscal Year 1997 (Public Law 104–

25 201; 110 Stat. 2731; 50 U.S.C. 2362 note).
†

545

S 2400 PP

1 (b) FISCAL YEAR 2005 COOPERATIVE THREAT RE2 DUCTION FUNDS DEFINED.—As used in this title, the

3 term ‘‘fiscal year 2005 Cooperative Threat Reduction

4 funds’’ means the funds appropriated pursuant to the au5 thorization of appropriations in section 301 for Coopera6 tive Threat Reduction programs.

7 (c) AVAILABILITY OF FUNDS.—Funds appropriated

8 pursuant to the authorization of appropriations in section

9 301 for Cooperative Threat Reduction programs shall be

10 available for obligation for three fiscal years.

11 SEC. 1202. FUNDING ALLOCATIONS.

12 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the

13 $409,200,000 authorized to be appropriated to the De14 partment of Defense for fiscal year 2005 in section

15 301(19) for Cooperative Threat Reduction programs, the

16 following amounts may be obligated for the purposes spec17 ified:

18 (1) For strategic offensive arms elimination in

19 Russia, $58,522,000.

20 (2) For nuclear weapons storage security in

21 Russia, $48,672,000.

22 (3) For nuclear weapons transportation security

23 in Russia, $26,300,000.
†

546

S 2400 PP

1 (4) For weapons of mass destruction prolifera2 tion prevention in the states of the former Soviet

3 Union, $40,030,000.

4 (5) For chemical weapons destruction in Rus5 sia, $158,400,000.

6 (6) For biological weapons proliferation preven7 tion in the former Soviet Union, $54,959,000.

8 (7) For defense and military contacts,

9 $8,000,000.

10 (8) For activities designated as Other Assess11 ments/Administrative Support, $14,317,000.

12 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

13 FUNDS FOR OTHER PURPOSES.—No fiscal year 2005 Co14 operative Threat Reduction funds may be obligated or ex15 pended for a purpose other than a purpose listed in para16 graphs (1) through (8) of subsection (a) until 30 days

17 after the date that the Secretary of Defense submits to

18 Congress a report on the purpose for which the funds will

19 be obligated or expended and the amount of funds to be

20 obligated or expended. Nothing in the preceding sentence

21 shall be construed as authorizing the obligation or expend22 iture of fiscal year 2005 Cooperative Threat Reduction

23 funds for a purpose for which the obligation or expendi24 ture of such funds is specifically prohibited under this title

25 or any other provision of law.
†

547

S 2400 PP

1 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

2 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any

3 case in which the Secretary of Defense determines that

4 it is necessary to do so in the national interest, the Sec5 retary may obligate amounts appropriated for fiscal year

6 2005 for a purpose listed in any of the paragraphs in sub7 section (a) in excess of the specific amount authorized for

8 that purpose.

9 (2) An obligation of funds for a purpose stated in

10 any of the paragraphs in subsection (a) in excess of the

11 specific amount authorized for such purpose may be made

12 using the authority provided in paragraph (1) only after—

13 (A) the Secretary submits to Congress notifica14 tion of the intent to do so together with a complete

15 discussion of the justification for doing so; and

16 (B) 15 days have elapsed following the date of

17 the notification.

18 (3) The Secretary may not, under the authority pro19 vided in paragraph (1), obligate amounts for a purpose

20 stated in any of paragraphs (5) through (8) of subsection

21 (a) in excess of 125 percent of the specific amount author22 ized for such purpose.
†

548

S 2400 PP

1 SEC. 1203. MODIFICATION AND WAIVER OF LIMITATION ON

2 USE OF FUNDS FOR CHEMICAL WEAPONS DE3 STRUCTION FACILITIES IN RUSSIA.

4 (a) MODIFICATION OF LIMITATION.—Section 1305 of

5 the National Defense Authorization Act for Fiscal Year

6 2000 (22 U.S.C. 5952 note) is amended by striking ‘‘or

7 expended’’.

8 (b) WAIVER AUTHORITY.—The conditions described

9 in section 1305 of the National Defense Authorization Act

10 for Fiscal Year 2000, as amended by subsection (a), shall

11 not apply to the obligation of funds during a fiscal year

12 for the planning, design, or construction of a chemical

13 weapons destruction facility in Russia if the President

14 submits to Congress a written certification with respect

15 to such fiscal year that includes—

16 (1) a statement as to why the waiver of the

17 conditions during the fiscal year covered by such

18 certification is consistent with the national security

19 interests of the United States; and

20 (2) a plan to promote a full and accurate disclo21 sure by Russia regarding the size, content, status,

22 and location of its chemical weapons stockpile.
†

549

S 2400 PP

1 SEC. 1204. INCLUSION OF DESCRIPTIVE SUMMARIES IN AN2 NUAL COOPERATIVE THREAT REDUCTION

3 REPORTS AND BUDGET JUSTIFICATION MA4 TERIALS.

5 Section 1307 of the Strom Thurmond National De6 fense Authorization Act for Fiscal Year 1999 (Public Law

7 105–261; 112 Stat. 2165; 22 U.S.C. 5952 note) is

8 amended—

9 (1) in subsection (a), by striking ‘‘as part of the

10 Secretary’s annual budget request to Congress’’ in

11 the matter preceding paragraph (1) and inserting

12 ‘‘in the materials and manner specified in subsection

13 (c)’’; and

14 (2) by adding at the end the following new sub15 section:

16 ‘‘(c) INCLUSION IN CERTAIN MATERIALS SUBMITTED

17 TO CONGRESS.—The summary required to be submitted

18 to Congress in a fiscal year under subsection (a) shall be

19 set forth by project category, and by amounts specified

20 in paragraphs (1) and (2) of that subsection in connection

21 with such project category, in each of the following:

22 ‘‘(1) The annual report on activities and assist23 ance under Cooperative Threat Reduction programs

24 required in such fiscal year under section 1308 of

25 the Floyd D. Spence National Defense Authorization
†

550

S 2400 PP

1 Act for Fiscal Year 2001 (as enacted into law by

2 Public Law 106–398).

3 ‘‘(2) The budget justification materials sub4 mitted to Congress in support of the Department of

5 Defense budget for the fiscal year succeeding such

6 fiscal year (as submitted with the budget of the

7 President under section 1105(a) of title 31, United

8 States Code).’’.

9 TITLE XIII—MEDICAL READI10 NESS TRACKING AND HEALTH

11 SURVEILLANCE

12 SEC. 1301. ANNUAL MEDICAL READINESS PLAN AND JOINT

13 MEDICAL READINESS OVERSIGHT COM14 MITTEE.

15 (a) REQUIREMENT FOR PLAN.—The Secretary of De16 fense shall develop a comprehensive plan to improve med17 ical readiness, and Department of Defense tracking of the

18 health status, of members of the Armed Forces through19 out their service in the Armed Forces, and to strengthen

20 medical readiness and tracking before, during, and after

21 deployment of the personnel overseas. The matters covered

22 by the comprehensive plan shall include all elements that

23 are described in this title and the amendments made by

24 this title and shall comply with requirements in law.
†

551

S 2400 PP

1 (b) JOINT MEDICAL READINESS OVERSIGHT COM2 MITTEE.—

3 (1) ESTABLISHMENT.—The Secretary of De4 fense shall establish a Joint Medical Readiness Over5 sight Committee.

6 (2) COMPOSITION.—The members of the Com7 mittee are as follows:

8 (A) The Under Secretary of Defense for

9 Personnel and Readiness, who shall chair the

10 Committee.

11 (B) The Assistant Secretary of Defense for

12 Health Affairs.

13 (C) The Assistant Secretary of Defense for

14 Reserve Affairs.

15 (D) The Surgeons General of the Armed

16 Forces.

17 (E) The Assistant Secretary of the Army

18 for Manpower and Reserve Affairs.

19 (F) The Assistant Secretary of the Navy

20 for Manpower and Reserve Affairs.

21 (G) The Assistant Secretary of the Air

22 Force for Manpower, Reserve Affairs, Installa23 tions, and Environment.

24 (H) The Chief of the National Guard Bu25 reau.
†

552

S 2400 PP

1 (I) The Chief of Army Reserve.

2 (J) The Chief of Naval Reserve.

3 (K) The Chief of Air Force Reserve.

4 (L) The Commander, Marine Corps Re5 serve.

6 (M) The Director of the Defense Man7 power Data Center.

8 (N) A representative of the Department of

9 Veterans Affairs designated by the Secretary of

10 Veterans Affairs.

11 (O) Representatives of veterans and mili12 tary health advocacy organizations appointed to

13 the Committee by the Secretary of Defense.

14 (P) An individual from civilian life who is

15 recognized as an expert on military health care

16 treatment, including research relating to such

17 treatment.

18 (3) DUTIES.—The duties of the Committee are

19 as follows:

20 (A) To advise the Secretary of Defense on

21 the medical readiness and health status of the

22 members of the active and reserve components

23 of the Armed Forces.

24 (B) To advise the Secretary of Defense on

25 the compliance of the Armed Forces with the
†

553

S 2400 PP

1 medical readiness tracking and health surveil2 lance policies of the Department of Defense.

3 (C) To oversee the development and imple4 mentation of the comprehensive plan required

5 by subsection (a) and the actions required by

6 this title and the amendments made by this

7 title, including with respect to matters relating

8 to—

9 (i) the health status of the members

10 of the reserve components of the Armed

11 Forces;

12 (ii) accountability for medical readi13 ness;

14 (iii) medical tracking and health sur15 veillance;

16 (iv) declassification of information on

17 environmental hazards;

18 (v) postdeployment health care for

19 members of the Armed Forces; and

20 (vi) compliance with Department of

21 Defense and other applicable policies on

22 blood serum repositories.

23 (D) To ensure unity and integration of ef24 forts across functional and organizational lines

25 within the Department of Defense with regard
†

554

S 2400 PP

1 to medical readiness tracking and health status

2 surveillance of members of the Armed Forces.

3 (E) To establish and monitor compliance

4 with the medical readiness standards that are

5 applicable to members and those that are appli6 cable to units.

7 (F) To improve continuity of care in co8 ordination with the Secretary of Veterans Af9 fairs, for members of the Armed Forces sepa10 rating from active service with service-connected

11 medical conditions.

12 (G) To prepare and submit to the Sec13 retary of Defense and to the Committees on

14 Armed Services of the Senate and the House of

15 Representatives, not later than February 1 of

16 each year, a report on—

17 (i) the health status and medical read18 iness of the members of the Armed Forces,

19 including the members of reserve compo20 nents, based on the comprehensive plan re21 quired under subsection (a) and the ac22 tions required by this title and the amend23 ments made by this title; and
†

555

S 2400 PP

1 (ii) compliance with Department of

2 Defense policies on medical readiness

3 tracking and health surveillance.

4 (4) FIRST MEETING.—The first meeting of the

5 Committee shall be held not later than 90 days after

6 the date of the enactment of this Act.

7 SEC. 1302. MEDICAL READINESS OF RESERVES.

8 (a) COMPTROLLER GENERAL STUDY OF HEALTH OF

9 RESERVES ORDERED TO ACTIVE DUTY FOR OPERATIONS

10 ENDURING FREEDOM AND IRAQI FREEDOM.—

11 (1) REQUIREMENT FOR STUDY.—The Comp12 troller General of the United States shall carry out

13 a study of the health of the members of the reserve

14 components of the Armed Forces who have been

15 called or ordered to active duty for a period of more

16 than 30 days in support of Operation Enduring

17 Freedom and Operation Iraqi Freedom. The Comp18 troller General shall commence the study not later

19 than 180 days after the date of the enactment of

20 this Act.

21 (2) PURPOSES.—The purposes of the study

22 under this subsection are as follows:

23 (A) To review the health status and med24 ical fitness of the activated Reserves when they

25 were called or ordered to active duty.
†

556

S 2400 PP

1 (B) To review the effects, if any, on logis2 tics planning and the deployment schedules for

3 the operations referred to in paragraph (1) that

4 resulted from deficiencies in the health or med5 ical fitness of activated Reserves.

6 (C) To review compliance of military per7 sonnel with Department of Defense policies on

8 medical and physical fitness examinations and

9 assessments that are applicable to the reserve

10 components of the Armed Forces.

11 (3) REPORT.—The Comptroller General shall,

12 not later than one year after the date of the enact13 ment of this Act, submit a report on the results of

14 the study under this subsection to the Committees

15 on Armed Services of the Senate and the House of

16 Representatives. The report shall include the fol17 lowing matters:

18 (A) With respect to the matters reviewed

19 under subparagraph (A) of paragraph (2)—

20 (i) the percentage of activated Re21 serves who were determined to be medi22 cally unfit for deployment, together with

23 an analysis of the reasons why the member

24 was unfit, including medical illnesses or

25 conditions most commonly found among
†

557

S 2400 PP

1 the activated Reserves that were grounds

2 for determinations of medical unfitness for

3 deployment; and

4 (ii) the percentage of the activated

5 Reserves who, before being deployed, need6 ed medical care for health conditions iden7 tified when called or ordered to active

8 duty, together with an analysis of the types

9 of care that were provided for such condi10 tions and the reasons why such care was

11 necessary.

12 (B) With respect to the matters reviewed

13 under subparagraph (B) of paragraph (2)—

14 (i) the delays and other disruptions in

15 deployment schedules that resulted from

16 deficiencies in the health status or medical

17 fitness of activated Reserves; and

18 (ii) an analysis of the extent to which

19 it was necessary to merge units or other20 wise alter the composition of units, and the

21 extent to which it was necessary to merge

22 or otherwise alter objectives, in order to

23 compensate for limitations on the

24 deployability of activated Reserves result-
†

558

S 2400 PP

1 ing from deficiencies in the health status

2 or medical fitness of activated Reserves.

3 (C) With respect to the matters reviewed

4 under subparagraph (C) of paragraph (2), an

5 assessment of the extent of the compliance of

6 reserve component personnel with Department

7 of Defense policies on routine medical and

8 physical fitness examinations that are applica9 ble to the reserve components of the Armed

10 Forces.

11 (D) An analysis of the extent to which the

12 medical care, if any, provided to activated Re13 serves in each theater of operations referred to

14 in paragraph (1) related to preexisting condi15 tions that were not adequately addressed before

16 the deployment of such personnel to the the17 ater.

18 (4) DEFINITIONS.—In this subsection:

19 (A) The term ‘‘activated Reserves’’ means

20 the members of the Armed Forces referred to

21 in paragraph (1).

22 (B) The term ‘‘active duty for a period of

23 more than 30 days’’ has the meaning given

24 such term in section 101(d) of title 10, United

25 States Code.
†

559

S 2400 PP

1 (C) The term ‘‘health condition’’ includes a

2 mental health condition and a dental condition.

3 (D) The term ‘‘reserve components of the

4 Armed Forces’’ means the reserve components

5 listed in section 10101 of title 10, United

6 States Code.

7 (b) ACCOUNTABILITY FOR INDIVIDUAL AND UNIT

8 MEDICAL READINESS.—

9 (1) POLICY.—The Secretary of Defense shall

10 issue a policy to ensure that individual members and

11 commanders of reserve component units fulfill their

12 responsibilities for medical and dental readiness of

13 members of the units on the basis of—

14 (A) frequent periodic health assessment of

15 members (not less frequently than once every

16 two years) using the predeployment assessment

17 procedure required under section 1074f of title

18 10, United States Code, as the minimum stand19 ard of medical readiness; and

20 (B) any other information on the health

21 status of the members that is available to the

22 commanders.

23 (2) REVIEW AND FOLLOWUP CARE.—The regu24 lations under this subsection shall provide for review

25 of the health assessments under paragraph (1) by a
†

560

S 2400 PP

1 medical professional and for any followup care and

2 treatment that is needed for medical or dental readi3 ness.

4 (3) MODIFICATION OF PREDEPLOYMENT

5 HEALTH ASSESSMENT SURVEY.—In meeting the pol6 icy under paragraph (1), the Secretary shall—

7 (A) to the extent practicable, modify the

8 predeployment health assessment survey to

9 bring such survey into conformity with the de10 tailed postdeployment health assessment survey

11 in use as of October 1, 2004; and

12 (B) ensure the use of the predeployment

13 health assessment survey, as so modified, for

14 predeployment health assessments after that

15 date.

16 (c) UNIFORM POLICY ON DEFERRAL OF MEDICAL

17 TREATMENT PENDING DEPLOYMENT TO THEATERS OF

18 OPERATIONS.—

19 (1) REQUIREMENT FOR POLICY.—The Sec20 retary of Defense shall prescribe, for uniform appli21 cability throughout the Armed Forces, a policy on

22 deferral of medical treatment of members pending

23 deployment.

24 (2) CONTENT.—The policy prescribed under

25 paragraph (1) shall specify the following matters:
†

561

S 2400 PP

1 (A) The circumstances under which treat2 ment for medical conditions may be deferred to

3 be provided within a theater of operations in

4 order to prevent delay or other disruption of a

5 deployment to that theater.

6 (B) The circumstances under which med7 ical conditions are to be treated before deploy8 ment to that theater.

9 SEC. 1303. BASELINE HEALTH DATA COLLECTION PRO10 GRAM.

11 (a) REQUIREMENT FOR PROGRAM.—

12 (1) IN GENERAL.—Chapter 55 of title 10,

13 United States Code, is amended by inserting after

14 section 1092 the following new section:

15 ‘‘§ 1092a. Persons entering the armed forces: baseline

16 health data

17 ‘‘(a) PROGRAM REQUIRED.—The Secretary of De18 fense shall carry out a program—

19 ‘‘(1) to collect baseline health data from all per20 sons entering the armed forces;

21 ‘‘(2) to provide for computerized compilation

22 and maintenance of the baseline health data; and

23 ‘‘(3) to analyze the data.

24 ‘‘(b) PURPOSES.—The program under this section

25 shall be designed to achieve the following purposes:
†

562

S 2400 PP

1 ‘‘(1) To facilitate understanding of how expo2 sures related to service in the armed forces affect

3 health.

4 ‘‘(2) To facilitate development of early interven5 tion and prevention programs to protect health and

6 readiness.’’.

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such chapter is amended

9 by inserting after the item relating to section 1092

10 the following new item:

‘‘1092a. Persons entering the armed forces: baseline health data.’’.

11 (3) TIME FOR IMPLEMENTATION.—The Sec12 retary of Defense shall implement the program re13 quired under section 1092a of title 10, United

14 States Code (as added by paragraph (1)), not later

15 than two years after the date of the enactment of

16 this Act.

17 (b) INTERIM STANDARDS FOR BLOOD SAMPLING.—

18 The Secretary of Defense shall require under the medical

19 tracking system administered under section 1074f of title

20 10, United States Code, that—

21 (1) the blood samples necessary for the

22 predeployment medical examination of a member of

23 the Armed Forces required under subsection (b) of

24 such section be drawn not earlier than 60 days be25 fore the date of the deployment; and
†

563

S 2400 PP

1 (2) the blood samples necessary for the

2 postdeployment medical examination of a member of

3 the Armed Forces required under such subsection be

4 drawn not later than 30 days after the date on

5 which the deployment ends.

6 SEC. 1304. MEDICAL CARE AND TRACKING AND HEALTH

7 SURVEILLANCE IN THE THEATER OF OPER8 ATIONS.

9 (a) RECORDKEEPING POLICY.—The Secretary of De10 fense shall prescribe a policy that requires the records of

11 all medical care provided to a member of the Armed

12 Forces in a theater of operations to be maintained as part

13 of a complete health record for the member.

14 (b) IN-THEATER MEDICAL TRACKING AND HEALTH

15 SURVEILLANCE.—

16 (1) REQUIREMENT FOR EVALUATION.—The

17 Secretary of Defense shall evaluate the system for

18 the medical tracking and health surveillance of mem19 bers of the Armed Forces in theaters of operations

20 and take such actions as may be necessary to im21 prove the medical tracking and health surveillance.

22 (2) REPORT.—Not later than one year after the

23 date of the enactment of this Act, the Secretary of

24 Defense shall submit a report on the actions taken

25 under paragraph (1) to the Committees on Armed
†

564

S 2400 PP

1 Services of the Senate and the House of Representa2 tives. The report shall include the following matters:

3 (A) An analysis of the strengths and weak4 nesses of the medical tracking system adminis5 tered under section 1074f of title 10, United

6 States Code.

7 (B) An analysis of the efficacy of health

8 surveillance systems as a means of detecting—

9 (i) any health problems (including

10 mental health conditions) of members of

11 the Armed Forces contemporaneous with

12 the performance of the assessment under

13 the system; and

14 (ii) exposures of the assessed mem15 bers to environmental hazards that poten16 tially lead to future health problems.

17 (C) An analysis of the strengths and weak18 nesses of such medical tracking and surveillance

19 systems as a means for supporting future re20 search on health issues.

21 (D) Recommended changes to such medical

22 tracking and health surveillance systems.

23 (E) A summary of scientific literature on

24 blood sampling procedures used for detecting
†

565

S 2400 PP

1 and identifying exposures to environmental haz2 ards.

3 (F) An assessment of whether there is a

4 need for changes to regulations and standards

5 for drawing blood samples for effective tracking

6 and health surveillance of the medical condi7 tions of personnel before deployment, upon the

8 end of a deployment, and for a followup period

9 of appropriate length.

10 (c) PLAN TO OBTAIN HEALTH CARE RECORDS FROM

11 ALLIES.—The Secretary of Defense shall develop a plan

12 for obtaining all records of medical treatment provided to

13 members of the Armed Forces by allies of the United

14 States in Operation Enduring Freedom and Operation

15 Iraqi Freedom. The plan shall specify the actions that are

16 to be taken to obtain all such records.

17 (d) POLICY ON IN-THEATER PERSONNEL LOCATOR

18 DATA.—Not later than one year after the date of the en19 actment of this Act, the Secretary of Defense shall pre20 scribe a Department of Defense policy on the collection

21 and dissemination of in-theater individual personnel loca22 tion data.
†

566

S 2400 PP

1 SEC. 1305. DECLASSIFICATION OF INFORMATION ON EXPO2 SURES TO ENVIRONMENTAL HAZARDS.

3 (a) REQUIREMENT FOR REVIEW.—The Secretary of

4 Defense shall review and, as determined appropriate, re5 vise the classification policies of the Department of De6 fense with a view to facilitating the declassification of data

7 that is potentially useful for the monitoring and assess8 ment of the health of members of the Armed Forces who

9 have been exposed to environmental hazards during de10 ployments overseas, including the following data:

11 (1) In-theater injury rates.

12 (2) Data derived from environmental surveil13 lance.

14 (3) Health tracking and surveillance data.

15 (b) CONSULTATION WITH COMMANDERS OF THE16 ATER COMBATANT COMMANDS.—The Secretary shall, to

17 the extent that the Secretary considers appropriate, con18 sult with the senior commanders of the in-theater forces

19 of the combatant commands in carrying out the review

20 and revising policies under subsection (a).

21 SEC. 1306. ENVIRONMENTAL HAZARDS.

22 (a) REPORT ON TRAINING OF FIELD MEDICAL PER23 SONNEL.—

24 (1) REQUIREMENT FOR REPORT.—Not later

25 than one year after the date of the enactment of this

26 Act, the Secretary of Defense shall submit to the
†

567

S 2400 PP

1 Committees on Armed Services of the Senate and

2 the House of Representatives a report on the train3 ing on environmental hazards that is provided by the

4 Armed Forces to medical personnel of the Armed

5 Forces who are deployable to the field in direct sup6 port of combat personnel.

7 (2) CONTENT.—The report under paragraph

8 (1) shall include the following:

9 (A) An assessment of the adequacy of the

10 training regarding—

11 (i) the identification of common envi12 ronmental hazards and exposures to such

13 hazards; and

14 (ii) the prevention and treatment of

15 adverse health effects of such exposures.

16 (B) A discussion of the actions taken and

17 to be taken to improve such training.

18 (c) REPORT ON RESPONSES TO HEALTH CONCERNS

19 OF MEMBERS.—

20 (1) REQUIREMENT FOR REPORT.—Not later

21 than 180 days after the date of the enactment of

22 this Act, the Assistant Secretary of Defense for

23 Health Affairs shall submit to the Secretary of De24 fense and the Committees on Armed Services of the

25 Senate and the House of Representatives a report on
†

568

S 2400 PP

1 Department of Defense responses to concerns ex2 pressed by members of the Armed Forces during

3 post-deployment health assessments about possibili4 ties that the members were exposed to environ5 mental hazards deleterious to the members’ health

6 during a deployment overseas.

7 (2) CONTENT.—The report regarding health

8 concerns submitted under paragraph (1) shall in9 clude the following:

10 (A) A discussion of the actions taken by

11 Department of Defense officials to investigate

12 the circumstances underlying such concerns in

13 order to determine the validity of the concerns.

14 (B) A discussion of the actions taken by

15 Department of Defense officials to evaluate or

16 treat members and former members of the

17 Armed Forces who are confirmed to have been

18 exposed to environmental hazards deleterious to

19 their health during deployments of the Armed

20 Forces.

21 SEC. 1307. POST-DEPLOYMENT MEDICAL CARE RESPON22 SIBILITIES OF INSTALLATION COMMANDERS.

23 (a) REQUIREMENT FOR REGULATIONS.—The Sec24 retary of Defense shall prescribe a policy that requires the

25 commander of each military installation at which members
†

569

S 2400 PP

1 of the Armed Forces are to be processed upon redeploy2 ment from an overseas deployment—

3 (1) to identify and analyze the anticipated

4 health care needs of such members before the arrival

5 of such members at that installation; and

6 (2) to report such needs to the Secretary.

7 (b) HEALTH CARE TO MEET NEEDS.—The policy

8 under this section shall include procedures for the com9 mander of each military installation described in sub10 section (a) to meet the anticipated health care needs that

11 are identified by the commander in the performance of du12 ties under the regulations, including the following:

13 (1) Arrangements for health care provided by

14 the Secretary of Veterans Affairs.

15 (2) Procurement of services from local health

16 care providers.

17 (3) Temporary employment of health care per18 sonnel to provide services at such installation.

19 SEC. 1308. FULL IMPLEMENTATION OF MEDICAL READI20 NESS TRACKING AND HEALTH SURVEIL21 LANCE PROGRAM AND FORCE HEALTH PRO22 TECTION AND READINESS PROGRAM.

23 (a) IMPLEMENTATION AT ALL LEVELS.—The Sec24 retary of Defense, in conjunction with the Secretaries of

25 the military departments, shall take such actions as are
†

570

S 2400 PP

1 necessary to ensure that the Army, Navy, Air Force, and

2 Marine Corps fully implement at all levels—

3 (1) the Medical Readiness Tracking and Health

4 Surveillance Program under this title and the

5 amendments made by this title; and

6 (2) the Force Health Protection and Readiness

7 Program of the Department of Defense (relating to

8 the prevention of injury and illness and the reduc9 tion of disease and noncombat injury threats).

10 (b) ACTION OFFICIAL.—The Secretary of Defense

11 may act through the Under Secretary of Defense for Per12 sonnel and Readiness in carrying out subsection (a).

13 SEC. 1309. OTHER MATTERS.

14 (a) ANNUAL REPORTS.—

15 (1) REQUIREMENT FOR REPORTS.—

16 (A) Chapter 55 of title 10, United States

17 Code, is amended by inserting after section

18 1073a the following new section:

19 ‘‘§ 1073b. Recurring reports

20 ‘‘(a) ANNUAL REPORT ON HEALTH PROTECTION

21 QUALITY.—(1) The Secretary of Defense shall submit to

22 the Committees on Armed Services of the Senate and the

23 House of Representatives each year a report on the Force

24 Health Protection Quality Assurance Program of the De-
†

571

S 2400 PP

1 partment of Defense. The report shall include the fol2 lowing matters:

3 ‘‘(A) The results of an audit of the extent to

4 which the serum samples required to be obtained

5 from members of the armed forces before and after

6 a deployment are stored in the serum repository of

7 the Department of Defense.

8 ‘‘(B) The results of an audit of the extent to

9 which the health assessments required for members

10 of the armed forces before and after a deployment

11 are being maintained in the electronic database of

12 the Defense Medical Surveillance System.

13 ‘‘(C) An analysis of the actions taken by the

14 Department of Defense personnel to respond to

15 health concerns expressed by members of the armed

16 forces upon return from a deployment.

17 ‘‘(D) An analysis of the actions taken by the

18 Secretary to evaluate or treat members and former

19 members of the armed forces who are confirmed to

20 have been exposed to occupational or environmental

21 hazards deleterious to their health during a deploy22 ment.

23 ‘‘(2) The Secretary of Defense shall act through the

24 Assistant Secretary of Defense for Health Affairs in car25 rying out this subsection.
†

572

S 2400 PP

1 ‘‘(b) ANNUAL REPORT ON RECORDING OF HEALTH

2 ASSESSMENT DATA IN MILITARY PERSONNEL

3 RECORDS.—The Secretary of Defense shall issue each

4 year a report on the compliance by the military depart5 ments with applicable policies on the recording of health

6 assessment data in military personnel records. The report

7 shall include a discussion of the extent to which immuniza8 tion status and predeployment and postdeployment health

9 care data is being recorded in such records.’’.

10 (B) The table of sections at the beginning

11 of such chapter is amended by inserting after

12 the item relating to section 1073a the following

13 new item:

‘‘1073b. Recurring reports.’’.

14 (2) INITIAL REPORT.—The first report under

15 section 1073b(a) of title 10, United States Code (as

16 added by paragraph (1)), shall be completed not

17 later than 180 days after the date of the enactment

18 of this Act.

19 (b) INTERNET ACCESSIBILITY OF HEALTH ASSESS20 MENT INFORMATION FOR MEMBERS OF THE ARMED

21 FORCES.—Not later than one year after the date of the

22 enactment of this Act, the Chief Information Officer of

23 each military department shall ensure that the online por24 tal website of that military department includes the fol25 lowing information relating to health assessments:
†

573

S 2400 PP

1 (1) Information on the Department of Defense

2 policies regarding predeployment and

3 postdeployment health assessments, including poli4 cies on the following matters:

5 (A) Health surveys.

6 (B) Physical examinations.

7 (C) Collection of blood samples and other

8 tissue samples.

9 (2) Procedural information on compliance with

10 such policies, including the following information:

11 (A) Information for determining whether a

12 member is in compliance.

13 (B) Information on how to comply.

14 (3) Health assessment surveys that are either—

15 (A) web-based; or

16 (B) accessible (with instructions) in

17 printer-ready form by download.

18 SEC. 1310. USE OF CIVILIAN EXPERTS AS CONSULTANTS.

19 Nothing in this title or an amendment made by this

20 title shall be construed to limit the authority of the Sec21 retary of Defense to procure the services of experts outside

22 the Federal Government for performing any function to

23 comply with requirements for readiness tracking and

24 health surveillance of members of the Armed Forces that

25 are applicable to the Department of Defense.
†

574

S 2400 PP

1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS

4 SEC. 2001. SHORT TITLE.

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2005’’.

7 TITLE XXI—ARMY

8 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

9 ACQUISITION PROJECTS.

10 (a) INSIDE THE UNITED STATES.—Using amounts

11 appropriated pursuant to the authorization of appropria12 tions in section 2104(a)(1), the Secretary of the Army

13 may acquire real property and carry out military construc14 tion projects for the installations and locations inside the

15 United States, and in the amounts, set forth in the fol16 lowing table:

Army: Inside the United States

State Installation or location Amount

Alabama .............................. Anniston Army Depot .................. $23,690,000

Fort Rucker ................................. $16,500,000

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 ...................... $13,600,000

Colorado .............................. Fort Carson ................................. $63,158,000

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 Field ......................... $11,200,000

Pohakuloa Training Area ............ $40,000,000

Schofield Barracks ....................... $162,792,000

Wheeler Army Air Field .............. $24,000,000

Kansas ................................ Fort Riley ..................................... $59,550,000

Kentucky ............................. Fort Campbell .............................. $92,000,000

Fort Knox .................................... $75,750,000
†

575

S 2400 PP

Army: Inside the United States—Continued

State Installation or location Amount

Louisiana ............................ Fort Polk ..................................... $70,953,000

Maryland ............................. Aberdeen Proving Ground ........... $13,000,000

Missouri .............................. Fort Leonard Wood ..................... $28,150,000

New Mexico ......................... White Sands Missile Range ......... $33,000,000

New York ............................ Fort Drum ................................... $7,950,000

Fort Hamilton .............................. $7,600,000

Military Entrance Processing Station, Buffalo.$6,200,000

United States Military Academy,

West Point.

$60,000,000

North Carolina .................... Fort Bragg ................................... $101,687,000

Oklahoma ............................ Fort Sill ....................................... $14,400,000

Pennsylvania ....................... Letterkenny Depot ....................... $11,400,000

Texas ................................... Fort Bliss ..................................... $20,100,000

Fort Hood .................................... $78,088,000

Fort Sam Houston ....................... $11,400,000

Virginia ............................... Fort A.P. Hill .............................. $14,775,000

Fort Myer .................................... $49,526,000

Washington ......................... Fort Lewis ................................... $57,200,000

Total ..................................... $1,563,800,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the fol7 lowing table:

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

8 SEC. 2102. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2104(a)(5)(A), the Secretary of the
†

576

S 2400 PP

1 Army may construct or acquire family housing units (in2 cluding land acquisition and supporting facilities) at the

3 installations or locations, for the purposes, and in the

4 amounts set forth in the following table:

Army: Family Housing

State or Country 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

5 (b) PLANNING AND DESIGN.—Using amounts appro6 priated pursuant to the authorization of appropriations in

7 section 2104(a)(5)(A), the Secretary of the Army may

8 carry out architectural and engineering services and con9 struction design activities with respect to the construction

10 or improvement of family housing units in an amount not

11 to exceed $29,209,000.

12 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

13 UNITS.

14 Subject to section 2825 of title 10, United States

15 Code, and using amounts appropriated pursuant to the

16 authorization of appropriations in section 2104(a)(5)(A),

17 the Secretary of the Army may improve existing military

18 family housing units in an amount not to exceed

19 $211,990,000.
†

577

S 2400 PP

1 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

2 (a) IN GENERAL.—Funds are hereby authorized to

3 be appropriated for fiscal years beginning after September

4 30, 2004, for military construction, land acquisition, and

5 military family housing functions of the Department of the

6 Army in the total amount of $3,507,891,000, as follows:

7 (1) For military construction projects inside the

8 United States authorized by section 2101(a),

9 $1,534,500,000.

10 (2) For military construction projects outside

11 the United States authorized by section 2101(b),

12 $115,200,000.

13 (3) For unspecified minor military construction

14 projects authorized by section 2805 of title 10,

15 United States Code, $20,000,000.

16 (4) For architectural and engineering services

17 and construction design under section 2807 of title

18 10, United States Code, $154,335,000.

19 (5) For military family housing functions:

20 (A) For construction and acquisition, plan21 ning and design, and improvement of military

22 family housing and facilities, $636,099,000.

23 (B) For support of military family housing

24 (including the functions described in section

25 2833 of title 10, United States Code),

26 $928,907,000.
†

578

S 2400 PP

1 (6) For the construction of phase 3 of a bar2 racks complex renewal, Capron Road, Schofield Bar3 racks, Hawaii, authorized by section 2101(a) of the

4 Military Construction Authorization Act for Fiscal

5 Year 2003 (division B of Public Law 107–314; 116

6 Stat. 2681), $48,000,000.

7 (7) For the construction of phase 3 of a main8 tenance complex at Fort Sill, Oklahoma, authorized

9 by section 2101(a) of the Military Construction Au10 thorization Act for Fiscal Year 2003 (division B of

11 Public Law 107–314; 116 Stat. 2681), as amended

12 by section 2106 of this Act, $13,100,000.

13 (8) For the construction of phase 2 of a bar14 racks complex, 5th and 16th Street, at Fort Stew15 art/Hunter Army Air Field, Georgia, authorized by

16 section 2101(a) of the Military Construction Author17 ization Act for Fiscal Year 2004 (division B of Pub18 lic Law 108–136; 117 Stat. 1697), as amended by

19 section 2105 of this Act, $32,950,000.

20 (9) For the construction of phase 2 of the

21 Lewis and Clark instructional facility, at Fort Leav22 enworth, Kansas, authorized by section 2101(a) of

23 the Military Construction Authorization Act for Fis24 cal Year 2004 (division B of Public Law 108–136;

25 117 Stat. 1697), $44,000,000.
†

579

S 2400 PP

1 (10) For the construction of phase 2 of a bar2 racks complex at Wheeler Sack Army Air Field,

3 Fort Drum, New York, authorized by section

4 2101(a) of the Military Construction Authorization

5 Act for Fiscal Year 2004 (division B of Public Law

6 108–136; 117 Stat. 1697), as amended by section

7 2105 of this Act, $48,000,000.

8 (11) For the construction of phase 2 of a bar9 racks complex, Bastogne Drive, at Fort Bragg,

10 North Carolina, authorized by section 2101(a) of the

11 Military Construction Authorization Act for Fiscal

12 Year 2004 (division B of Public Law 108–136; 117

13 Stat. 1697), $48,000,000.

14 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

15 PROJECTS.—Notwithstanding the cost variations author16 ized by section 2853 of title 10, United States Code, and

17 any other cost variation authorized by law, the total cost

18 of all projects carried out under section 2101 of this Act

19 may not exceed—

20 (1) the total amount authorized to be appro21 priated under paragraphs (1) and (2) of subsection

22 (a);

23 (2) $41,000,000 (the balance of the amount au24 thorized under section 2101(a) for an upgrade to
†

580

S 2400 PP

1 Drum Road at the Helemano Military Reservation,

2 Hawaii);

3 (3) $25,000,000 (the balance of the amount au4 thorized under section 2101(a) to construct a vehicle

5 maintenance facility at Schofield Barracks, Hawaii);

6 (4) $25,000,000 (the balance of the amount au7 thorized under section 2101(a) for construction of a

8 barracks complex, 42nd Street and Indiana Avenue,

9 at Fort Campbell, Kentucky);

10 (5) $22,000,000 (the balance of the amount au11 thorized under section 2101(a) for the construction

12 of a basic combat training complex at Fort Knox,

13 Kentucky);

14 (6) $31,000,000 (the balance of the amount au15 thorized under section 2101(a) for construction of a

16 barracks complex, Blackjack Street, Fort Bragg,

17 North Carolina); and

18 (7) $25,500,000 (the balance of the amount au19 thorized under section 2101(a) for construction of a

20 library and learning center at the United States

21 Military Academy, New York).
†

581

S 2400 PP

1 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 2004 PROJECTS.

3 The table in section 2101(a) of the Military Construc4 tion Authorization Act for Fiscal Year 2004 (division B

5 of Public Law 108–136; 117 Stat. 1697) is amended—

6 (1) in the item relating to Fort Stewart, Geor7 gia, by striking ‘‘$113,500,000’’ in the amount col8 umn and inserting ‘‘$114,450,000’’;

9 (2) in the item relating to Fort Drum, New

10 York, by striking ‘‘$130,700,000’’ in the amount

11 column and inserting ‘‘$135,700,000’’; and

12 (3) by striking the amount identified as the

13 total in the amount column and inserting

14 ‘‘$1,043,150,000’’.

15 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT

16 CERTAIN FISCAL YEAR 2003 PROJECT.

17 The table in section 2101(a) of the Military Construc18 tion Authorization Act for Fiscal Year 2003 (division B

19 of Public Law 107–314; 116 Stat. 2681), as amended by

20 section 2105(a)(2) of the Military Construction Authoriza21 tion Act for Fiscal Year 2004 (division B of Public Law

22 108–136; 117 Stat. 1701), is further amended—

23 (1) in the item relating to Fort Sill, Oklahoma,

24 by striking ‘‘$39,652,000’’ in the amount column

25 and inserting ‘‘$40,752,000’’; and
†

582

S 2400 PP

1 (2) by striking the amount identified as the

2 total in the amount column and inserting

3 ‘‘$1,157,267,000’’.

4 TITLE XXII—NAVY

5 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

6 ACQUISITION PROJECTS.

7 (a) INSIDE THE UNITED STATES.—Using amounts

8 appropriated pursuant to the authorization of appropria9 tions in section 2204(a)(1), the Secretary of the Navy may

10 acquire real property and carry out military construction

11 projects for the installations and locations inside the

12 United States, and in the amounts, set forth in the fol13 lowing table:

Navy: Inside the United States

State Installation or location Amount

Arizona .......................... Marine Corps Air Station, Yuma ........... $26,670,000

California ...................... Marine Corps Base, Camp Pendleton .... $38,455,000

Naval Air Facility, El Centro ................. $54,331,000

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

Illinois ........................... Naval Training Station, Great Lakes .... $74,781,000

Maine ............................ Naval Air Station, Brunswick ................ $4,690,000

Portsmouth Naval Station ...................... $7,860,000

Maryland ....................... Naval Surface Warfare Center, Indian

Head ................................................... $13,900,000

Mississippi ..................... Naval Construction Battalion Center,

Gulfport .............................................. $4,350,000

Nevada .......................... Naval Air Station, Fallon ....................... $4,980,000

North Carolina .............. Marine Corps Air Station, New River .... $35,140,000

Marine Corps Base, Camp Lejeune ....... $13,420,000

Washington County ................................ $136,900,000

Rhode Island ................. Naval Station Newport ........................... $9,080,000

South Carolina .............. Naval Weapons Station, Charleston ....... $18,140,000

Virginia ......................... Camp Elmore Marine Corps Detachment.$13,500,000

Marine Corps Base, Quantico ................ $46,270,000

Naval Air Station, Oceana ..................... $2,770,000

Naval Amphibious Base, Little Creek .... $2,850,000

Naval Station, Norfolk ........................... $4,330,000
†

583

S 2400 PP

Navy: Inside the United States—Continued

State Installation or location Amount

Naval Weapons Station, Yorktown ........ $9,870,000

Washington ................... Naval Shipyard Puget Sound, Bremerton.$20,305,000

Naval Station, Bremerton ...................... $74,125,000

Strategic Weapons Facility Pacific, Bangor ....................................................... $131,090,000

Total ............................................... $833,718,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and

6 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 Station, Guam ............................... $33,200,000

Italy ................................ Sigonella .................................................. $22,550,000

Total ................................................ $73,250,000

7 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap8 propriated pursuant to the authorization of appropriations

9 in section 2204(a)(3), the Secretary of the Navy may ac10 quire real property and carry out military construction

11 projects for the installations or locations, and in the

12 amount, set forth in the following table:

Navy: Unspecified Worldwide

Location Installation or location Amount

Worldwide Unspecified ... Unspecified Worldwide ............................ $52,658,000

Total ................................................ $52,658,000
†

584

S 2400 PP

1 SEC. 2202. FAMILY HOUSING.

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2204(a)(6)(A), the

4 Secretary of the Navy may construct or acquire family

5 housing units (including land acquisition and supporting

6 facilities) at the installations or locations, for the pur7 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation or Location Purpose Amount

North Carolina ............. Marine Corps Air Station,

Cherry Point .................. 198 Units .... $27,002,000

Total .... $27,002,000

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2204(a)(6)(A),

13 the Secretary of the Navy may improve existing military

14 family housing units in an amount not to exceed

15 $112,105,000.

16 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

17 (a) IN GENERAL.—Funds are hereby authorized to

18 be appropriated for fiscal years beginning after September

19 30, 2004, for military construction, land acquisition, and

20 military family housing functions of the Department of the

21 Navy in the total amount of $1,843,716,000, as follows:
†

585

S 2400 PP

1 (1) For military construction projects inside the

2 United States authorized by section 2201(a),

3 $694,338,000.

4 (2) For military construction projects outside

5 the United States authorized by section 2201(b),

6 $73,250,000.

7 (3) For military construction projects at un8 specified worldwide locations authorized by section

9 2201(c), $18,560,000.

10 (4) For unspecified minor military construction

11 projects authorized by section 2805 of title 10,

12 United States Code, $12,000,000.

13 (5) For architectural and engineering services

14 and construction design under section 2807 of title

15 10, United States Code, $87,067,000.

16 (6) For military family housing functions:

17 (A) For construction and acquisition, plan18 ning and design, and improvement of military

19 family housing and facilities, $139,107,000.

20 (B) For support of military family housing

21 (including functions described in section 2833

22 of title 10, United States Code), $704,504,000.

23 (7) For the construction of phase 2 of the ter24 tiary sewage treatment plant at Marine Corps Base,

25 Camp Pendleton, California, authorized by section
†

586

S 2400 PP

1 2201(a) of the Military Construction Authorization

2 Act for Fiscal Year 2004 (division B of Public Law

3 108–136; 117 Stat. 1703), $25,690,000.

4 (8) For the construction of phase 2 of the gen5 eral purpose berthing pier at Naval Weapons Sta6 tion, Earle, New Jersey, authorized by section

7 2201(a) of the Military Construction Authorization

8 Act for Fiscal Year 2004, $49,200,000.

9 (9) For the construction of phase 2 of pier 11

10 replacement at Naval Station, Norfolk, Virginia, au11 thorized by section 2201(a) of the Military Construc12 tion Authorization Act for Fiscal Year 2004,

13 $40,000,000.

14 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

15 PROJECTS.—Notwithstanding the cost variations author16 ized by section 2853 of title 10, United States Code, and

17 any other cost variation authorized by law, the total cost

18 of all projects carried out under section 2201 of this Act

19 may not exceed—

20 (1) the total amount authorized to be appro21 priated under paragraphs (1), (2), and (3) of sub22 section (a);

23 (2) $21,000,000 (the balance of the amount au24 thorized under section 2201(a) for the replacement
†

587

S 2400 PP

1 of an aircraft parking apron and hangar at Naval

2 Air Facility El Centro, California);

3 (3) $70,000,000 (the balance of the amount au4 thorized under section 2201(a) to acquire land inter5 ests for an outlying landing field in Washington

6 County, North Carolina);

7 (4) $95,320,000 (the balance of the amount au8 thorized under section 2201(a) for construction of a

9 limited area production and storage complex at the

10 Strategic Weapons Facility Pacific, Bangor, Wash11 ington); and

12 (5) $40,000,000 (the balance of the amount au13 thorized under section 2201(a) for the construction

14 of a bachelor enlisted quarters at Naval Station

15 Bremerton, Washington).

16 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT

17 CERTAIN FISCAL YEAR 2004 PROJECTS.

18 The table in section 2201(a) of the Military Construc19 tion Authorization Act for Fiscal Year 2004 (division B

20 of Public Law 108–136; 117 Stat. 1703) is amended—

21 (1) in the item relating to Various Locations,

22 CONUS, by striking ‘‘$56,360,000’’ in the amount

23 column and inserting ‘‘$61,510,000’’; and
†

588

S 2400 PP

1 (2) by striking the amount identified as the

2 total in the amount column and inserting

3 ‘‘$1,341,022,000’’.

4 TITLE XXIII—AIR FORCE

5 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

6 LAND ACQUISITION PROJECTS.

7 (a) INSIDE THE UNITED STATES.—Using amounts

8 appropriated pursuant to the authorization of appropria9 tions in section 2304(1), the Secretary of the Air Force

10 may acquire real property and carry out military construc11 tion projects for the installations and locations inside the

12 United States, and in the amounts, set forth in the fol13 lowing table:

Air Force: Inside the United States

State Installation or location Amount

Alaska ................................... Elmendorf Air Force Base ............... $54,057,000

Arizona .................................. Davis-Monthan Air Force Base ........ $10,029,000

Luke Air Force Base ........................ $10,000,000

Arkansas ............................... Little Rock Air Force Base .............. $5,031,000

California .............................. Beale Air Force Base ....................... $10,186,000

Edwards Air Force Base .................. $9,965,000

Travis Air Force Base ...................... $15,244,000

Colorado ................................ Buckley Air Force Base ................... $12,247,000

Delaware ............................... Dover Air Force Base ...................... $9,500,000

Florida .................................. Patrick Air Force Base .................... $8,800,000

Georgia .................................. Moody Air Force Base ..................... $9,600,000

Robins Air Force Base ..................... $15,000,000

Hawaii ................................... Hickam Air Force Base ................... $34,400,000

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

Montana ................................ Malmstrom Air Force Base .............. $5,600,000

Nebraska ............................... Offut Air Force Base ....................... $6,721,000

New Mexico ........................... Cannon Air Force Base .................... $9,500,000

North Carolina ...................... Pope Air Force Base ........................ $15,150,000

North Dakota ........................ Minot Air Force Base ....................... $9,900,000

Ohio ....................................... Wright-Patterson Air Force Base .... $9,200,000

Oklahoma .............................. Altus Air Force Base ....................... $10,500,000

Tinker Air Force Base ..................... $8,000,000

South Carolina ...................... Shaw Air Force Base ....................... $3,300,000

South Dakota ........................ Ellsworth Air Force Base ................. $11,800,000

Tennessee .............................. Arnold Air Force Base ..................... $22,000,000

Texas ..................................... Dyess Air Force Base ....................... $11,000,000
†

589

S 2400 PP

Air Force: Inside the United States—Continued

State Installation or location Amount

Lackland Air Force Base ................. $2,596,000

Sheppard Air Force Base ................. $50,284,000

Utah ...................................... Hill Air Force Base .......................... $20,813,000

Wyoming ............................... F.E. Warren Air Force Base ........... $5,500,000

Total ................................................. $452,023,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the fol7 lowing 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 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

United Kingdom .................... Royal Air Force, Lakenheath ........... $5,500,000

Total ......................................... $138,446,000

8 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap9 propriated pursuant to the authorization of appropriations

10 in section 2304(3), the Secretary of the Air Force may

11 acquire real property and carry out military construction

12 projects for the installations and locations, and in the

13 amounts, set forth in the following table:

Air Force: Unspecified Worldwide

Location Installation or location Amount

Worldwide Classified ............. Worldwide Unspecified Classified ..... $28,794,000
†

590

S 2400 PP

Air Force: Unspecified Worldwide—Continued

Location Installation or location Amount

Worldwide Unspecified .......... Worldwide Unspecified ..................... $26,121,000

Total ......................................... $54,915,000

1 SEC. 2302. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(6)(A), the Secretary of the

5 Air Force may construct or acquire family housing units

6 (including land acquisition and supporting facilities) at the

7 installations or locations, for the purposes, and in the

8 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 Family

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

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 ................ Family

Housing

Office.

$2,542,000

Korea ............................ Osan Air Base ................... 117 Units .... $46,834,000
†

591

S 2400 PP

Air Force: Family Housing—Continued

State Installation or location Purpose Amount

United Kingdom ........... Royal Air Force,

Lakenheath.

154 Units .... $43,976,000

Total .... $570,340,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(6)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $38,266,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, Unites States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2304(6)(A), the

13 Secretary of the Air Force may improve existing military

14 family housing units in an amount not to exceed

15 $238,353,000.

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

17 FORCE.

18 (a) AUTHORIZATION OF APPROPRIATION.—Funds

19 are hereby authorized to be appropriated for fiscal years

20 beginning after September 30, 2004, for military con21 struction, land acquisition, and military family housing
†

592

S 2400 PP

1 functions of the Department of the Air Force in the total

2 amount of $2,485,542,000, as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2301(a),

5 $452,023,000.

6 (2) For military construction projects outside

7 the United States authorized by section 2301(b),

8 $138,446,000.

9 (3) For military construction projects at un10 specified worldwide locations authorized by section

11 2301(c), $54,915,000.

12 (4) For unspecified minor construction projects

13 authorized by section 2805 of title 10, United States

14 Code, $13,000,000.

15 (5) For architectural and engineering services

16 and construction design under section 2807 of title

17 10, United States Code, $124,085,000.

18 (6) For military housing functions:

19 (A) For construction and acquisition, plan20 ning and design, and improvement of military

21 family housing and facilities, $846,959,000.

22 (B) For support of military family housing

23 (including functions described in section 2833

24 of title 10, United States Code), $856,114,000.
†

593

S 2400 PP

1 (b) OFFSET FOR CERTAIN MILITARY CONSTRUCTION

2 PROJECT.—The amount authorized to be appropriated by

3 section 421 for military personnel is hereby reduced by

4 $5,500,000, with the amount of the reduction to be de5 rived from excess amounts authorized for military per6 sonnel of the Air Force.

7 TITLE XXIV—DEFENSE

8 AGENCIES

9 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC10 TION AND LAND ACQUISITION PROJECTS.

11 (a) INSIDE THE UNITED STATES.—Using amounts

12 appropriated pursuant to the authorization of appropria13 tions in section 2404(a)(1), the Secretary of Defense may

14 acquire real property and carry out military construction

15 projects for the installations and locations inside the

16 United States, and in the amounts, set forth in the fol17 lowing 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

Marine 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 ......... Huntsville, Alabama ......................... $19,560,000

National Security Agency ..... Fort Meade, Maryland ..................... $15,007,000

Special Operations Command Corona, California ............................ $13,600,000
†

594

S 2400 PP

Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

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

Naval Air Station, North Island,

California ...................................... $1,000,000

Naval Amphibious Base, Little

Creek, Virginia ............................. $33,200,000

Stennis Center, Mississippi .............. $6,000,000

Tri-Care Management Activity ...................................... Buckley Air Force Base, Colorado ... $2,100,000

Fort Belvoir, Virginia ....................... $100,000,000

Fort Benning, Georgia ..................... $7,100,000

Jacksonville, Florida ......................... $28,438,000

Langley Air Force Base, Virginia .... $50,800,000

Marine Corps Recruit Depot, Parris

Island, South Carolina .................. $25,000,000

Total ......................................... $465,582,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the fol7 lowing table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Agency ... Grafenwoehr, Germany ..................... $36,247,000

Vilseck, Germany .............................. $9,011,000

Naval Station, Guam ........................ $26,964,000

Defense Logistics Agency ..... Defense Fuel Support Point, Lajes

Field, Portugal.

$19,113,000

Special Operations Command Naval Station, Guam, Marianas Islands.$2,200,000

Tri-Care Management Activity ...................................... Diego Garcia ..................................... $3,800,000

Grafenwoehr, Germany ..................... $13,000,000

Total ......................................... $110,335,000

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts

9 appropriated pursuant to the authorization of appropria-
†

595

S 2400 PP

1 tions in section 2404(a)(3), the Secretary of Defense may

2 acquire real property and carry out military construction

3 projects for the installations and locations, and in the

4 amounts, set forth in the following table:

Defense Agencies: Unspecified Worldwide

Location Installation or location Amount

Worldwide Classified ............. Worldwide Unspecified Classified ..... $7,400,000

Worldwide Unspecified .......... Worldwide Unspecified ..................... $2,900,000

Total ......................................... $10,300,000

5 SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING

6 UNITS.

7 Subject to section 2825 of title 10, United States

8 Code, and using amounts appropriated pursuant to the

9 authorization of appropriations in section 2404(a)(9)(A),

10 the Secretary of Defense may improve existing military

11 family housing units in an amount not to exceed $49,000.

12 SEC. 2403. ENERGY CONSERVATION PROJECTS.

13 Using amounts appropriated pursuant to the author14 ization of appropriations in section 2404(a)(7), the Sec15 retary of Defense may carry out energy conservation

16 projects under section 2865 of title 10, United States

17 Code, in the amount of $60,000,000.

18 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE19 FENSE AGENCIES.

20 (a) IN GENERAL.—Funds are hereby authorized to

21 be appropriated for fiscal years beginning after September

22 30, 2004, for military construction, land acquisition, and
†

596

S 2400 PP

1 military family housing functions of the Department of

2 Defense (other than the military departments) in the total

3 amount of $1,062,463,000, as follows:

4 (1) For military construction projects inside the

5 United States authorized by section 2401(a),

6 $408,582,000.

7 (2) For military construction projects outside

8 the United States authorized by section 2401(b),

9 $110,335,000.

10 (3) For the military construction projects at

11 unspecified worldwide locations authorized by section

12 2401(c), $10,300,000.

13 (4) For unspecified minor military construction

14 projects under section 2805 of title 10, United

15 States Code, $20,938,000.

16 (5) For contingency construction projects of the

17 Secretary of Defense under section 2804 of title 10,

18 United States Code, $10,000,000.

19 (6) For architectural and engineering services

20 and construction design under section 2807 of title

21 10, United States Code, $62,182,000.

22 (7) For energy conservation projects authorized

23 by section 2404, $60,000,000.

24 (8) For base closure and realignment activities

25 as authorized by the Defense Base Closure and Re-
†

597

S 2400 PP

1 alignment Act of 1990 (part A of title XXIX of

2 Public Law 101–510; 10 U.S.C. 2687 note),

3 $246,116,000.

4 (9) For military family housing functions:

5 (A) For improvement of military family

6 housing and facilities, $49,000.

7 (B) For support of military family housing

8 (including functions described in section 2833

9 of title 10, United States Code), $49,575,000.

10 (C) For credit to the Department of De11 fense Family Housing Improvement Fund es12 tablished by section 2883(a)(1) of title 10,

13 United States Code, $2,500,000.

14 (10) For the construction of phase 6 of a muni15 tions demilitarization facility at Pueblo Chemical Ac16 tivity, Colorado, authorized by section 2401(a) of the

17 Military Construction Authorization Act for Fiscal

18 Year 1997 (division B of Public Law 104–201; 110

19 Stat. 2775), as amended by section 2406 of the Mili20 tary Construction Authorization Act for Fiscal Year

21 2000 (division B of Public Law 106–65; 113 Stat.

22 839) and section 2407 of the Military Construction

23 Authorization Act for Fiscal Year 2003 (division B

24 of Public Law 107–314; 116 Stat. 2698),

25 $44,792,000.
†

598

S 2400 PP

1 (11) For the construction of phase 5 of a muni2 tions demilitarization facility at Blue Grass Army

3 Depot, Kentucky, authorized by section 2401(a) of

4 the Military Construction Authorization Act for Fis5 cal Year 2000 (division B of Public Law 106–65;

6 113 Stat. 835), as amended by section 2405 of the

7 Military Construction Authorization Act of 2002 (di8 vision B of Public Law 107–107; 115 Stat. 1298)

9 and section 2405 of the Military Construction Au10 thorization Act for Fiscal Year 2003 (division B of

11 Public Law 107–314; 116 Stat. 2698), $37,094,000.

12 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

13 PROJECTS.—Notwithstanding the cost variations author14 ized by section 2853 of title 10, United States Code, and

15 any other cost variation authorized by law, the total cost

16 of all projects carried out under section 2401 of this Act

17 may not exceed—

18 (1) the total amount authorized to be appro19 priated under paragraphs (1), (2), and (3) of sub20 section (a); and

21 (2) $57,000,000 (the balance of the amount au22 thorized under section 2401(a) for the replacement

23 of a hospital at Fort Belvoir, Virginia).
†

599

S 2400 PP

1 TITLE XXV—NORTH ATLANTIC

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

6 ACQUISITION PROJECTS.

7 The Secretary of Defense may make contributions for

8 the North Atlantic Treaty Organization Security Invest9 ment program as provided in section 2806 of title 10,

10 United States Code, in an amount not to exceed the sum

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the

13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States.

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

16 Funds are hereby authorized to be appropriated for

17 fiscal years beginning after September 30, 2004, for con18 tributions by the Secretary of Defense under section 2806

19 of title 10, United States Code, for the share of the United

20 States of the cost of projects for the North Atlantic Treaty

21 Organization Security Investment program authorized by

22 section 2501, in the amount of $165,800,000.
†

600

S 2400 PP

1 TITLE XXVI—GUARD AND

2 RESERVE FORCES FACILITIES

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 There are authorized to be appropriated for fiscal

6 years beginning after September 30, 2004, for the costs

7 of acquisition, architectural and engineering services, and

8 construction of facilities for the Guard and Reserve

9 Forces, and for contributions therefor, under chapter

10 1803 of title 10, United States Code (including the cost

11 of acquisition of land for those facilities), the following

12 amounts:

13 (1) For the Department of the Army—

14 (A) for the Army National Guard of the

15 United States, $361,072,000; and

16 (B) for the Army Reserve, $63,047,000.

17 (2) For the Department of the Navy, for the

18 Naval and Marine Corps Reserve, $25,285,000.

19 (3) For the Department of the Air Force—

20 (A) for the Air National Guard of the

21 United States, $214,418,000; and

22 (B) for the Air Force Reserve,

23 $99,206,000.
†

601

S 2400 PP

1 TITLE XXVII—EXPIRATION AND

2 EXTENSION OF AUTHORIZA3 TIONS

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

5 AMOUNTS REQUIRED TO BE SPECIFIED BY

6 LAW.

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles XXI through XXVI for military

10 construction projects, land acquisition, family housing

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Security Investment program

13 (and authorizations of appropriations therefor) shall ex14 pire on the later of—

15 (1) October 1, 2007; or

16 (2) the date of the enactment of an Act author17 izing funds for military construction for fiscal year

18 2008.

19 (b) EXCEPTION.—Subsection (a) shall not apply to

20 authorizations for military construction projects, land ac21 quisition, family housing projects and facilities, and con22 tributions to the North Atlantic Treaty Organization Se23 curity Investment program (and authorizations of appro24 priations therefor) for which appropriated funds have been

25 obligated before the later of—
†

602

S 2400 PP

1 (1) October 1, 2007; or

2 (2) the date of the enactment of an Act author3 izing funds for fiscal year 2008 for military con4 struction projects, land acquisition, family housing

5 projects and facilities, and contributions to the

6 North Atlantic Treaty Organization Security Invest7 ment program.

8 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

9 FISCAL YEAR 2002 PROJECTS.

10 (a) EXTENSION OF CERTAIN PROJECTS.—Notwith11 standing section 2701 of the National Defense Authoriza12 tion Act for Fiscal Year 2001 (division B of Public Law

13 107–107; 115 Stat. 1301), authorizations set forth in the

14 tables in subsection (b), as provided in section 2101 or

15 2302 of that Act, shall remain in effect until October 1,

16 2005, or the date of the enactment of an Act authorizing

17 funds for military construction for fiscal year 2006, which18 ever is later.

19 (b) TABLES.—The tables referred to in subsection (a)

20 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

Area ......................... Parker Ranch

Land Acquisition ............ $1,500,000
†

603

S 2400 PP

Air Force: Extension of 2002 Project Authorizations

State Installation or location Project Amount

Colorado ....................... Buckley Air Force

Base ......................... Construct Family Housing

(55 Units) ... $11,400,000

Louisiana ...................... Barksdale Air Force

Base ......................... Replace Family

Housing (56

Units) .......... $7,300,000

1 SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN

2 FISCAL YEAR 2001 PROJECT.

3 (a) EXTENSION.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal

5 Year 2001 (division B of the Floyd D. Spence National

6 Defense Authorization Act for Fiscal Year 2001 (as en7 acted into law by Public Law 106–398; 114 Stat. 1654A–

8 407)), authorizations set forth in the table in subsection

9 (b), as provided in section 2102 of that Act and extended

10 by section 2702 of the Military Construction Authoriza11 tion Act for Fiscal Year 2004 (division B of Public Law

12 108–136; 117 Stat. 1716), shall remain in effect until Oc13 tober 1, 2005, or the date of the enactment of an Act

14 authorizing funds for military construction for fiscal year

15 2006, whichever is later.

16 (b) TABLE.—The table referred to in subsection (a)

17 is as follows:
†

604

S 2400 PP

Army: Extension of 2001 Project Authorization

State Installation or location Project Amount

South Carolina ............. Fort Jackson ............... New Construction–Family

Housing (1

Unit) ............ $250,000

1 SEC. 2704. EFFECTIVE DATE.

2 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI

3 of this Act shall take effect on the later of—

4 (1) October 1, 2004; or

5 (2) the date of the enactment of this Act.

6 TITLE XXVIII—GENERAL

7 PROVISIONS

8 Subtitle A—Military Construction

9 Program and Military Family

10 Housing Changes

11 SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED

12 MINOR MILITARY CONSTRUCTION PROJECTS.

13 (a) INCREASE.—Section 2805(a)(1) of title 10,

14 United States Code, is amended—

15 (1) by striking ‘‘$1,500,000’’ and inserting

16 ‘‘$2,500,000’’; and

17 (2) by striking ‘‘$3,000,000’’ and inserting

18 ‘‘$4,000,000’’.

19 (b) EFFECTIVE DATE.—The amendments made by

20 subsection (a) shall take effect on October 1, 2004.
†

605

S 2400 PP

1 SEC. 2802. MODIFICATION OF APPROVAL AND NOTICE RE2 QUIREMENTS FOR FACILITY REPAIR

3 PROJECTS.

4 (a) INCREASE IN THRESHOLD FOR APPROVAL RE5 QUIREMENT.—Subsection (b) of section 2811 of title 10,

6 United States Code, is amended by striking ‘‘$5,000,000’’

7 and inserting ‘‘$7,500,000’’.

8 (b) INFORMATION REQUIRED IN COST ESTIMATE

9 FOR MULTI-YEAR PROJECTS.—Subsection (d)(1) of such

10 section is amended by inserting before the semicolon the

11 following: ‘‘, including, in the case of a multi-year repair

12 project to a single facility, the total cost of all phases of

13 such project’’.

14 (c) EFFECTIVE DATE.—The amendments made by

15 this section shall take effect on October 1, 2004.

16 SEC. 2803. ADDITIONAL REPORTING REQUIREMENTS RE17 LATING TO ALTERNATIVE AUTHORITY FOR

18 ACQUISITION AND IMPROVEMENT OF MILI19 TARY HOUSING.

20 (a) PROJECT REPORTS.—Paragraph (2) of sub21 section (a) of section 2884 of title 10, United States Code,

22 is amended to read as follows:

23 ‘‘(2) The report on a proposed contract, conveyance,

24 or lease under paragraph (1) shall include the following:
†

606

S 2400 PP

1 ‘‘(A) A description of the contract, conveyance,

2 or lease, including a summary of the terms of the

3 contract, conveyance, or lease.

4 ‘‘(B) A description of the authorities to be uti5 lized in entering into the contract, conveyance, or

6 lease and the intended method of participation of the

7 United States in the contract, conveyance, or lease

8 (including a justification of the intended method of

9 participation).

10 ‘‘(C) A statement of the scored cost of the con11 tract, conveyance, or lease (as determined by the Of12 fice of Management and Budget).

13 ‘‘(D) A statement of the United States funds

14 required for the contract, conveyance, or lease and

15 a description of the source of such funds.

16 ‘‘(E) An economic assessment of the life cycle

17 costs of the contract, conveyance, or lease, including

18 an estimate of the amount of United States funds

19 that would be paid over the life of the contract, con20 veyance, or lease from amounts derived from pay21 ments of government allowances (including basic al22 lowance for housing under section 403 of title 37)

23 if the housing affected by the project were fully oc24 cupied by military personnel over the life of the con25 tract, conveyance, or lease.’’.
†

607

S 2400 PP

1 (b) ANNUAL REPORTS.—Subsection (b) of such sec2 tion is amended—

3 (1) by redesignating paragraph (5) as para4 graph (6); and

5 (2) by inserting after paragraph (4) the fol6 lowing new paragraph (5):

7 ‘‘(5) A report setting forth—

8 ‘‘(A) an estimate of the amounts of basic

9 allowance for housing under section 403 of title

10 37 that will be paid during the fiscal year in

11 which the budget is submitted to members of

12 the armed forces living in housing provided

13 under the authorities in this subchapter during

14 such fiscal year, set forth by armed force; and

15 ‘‘(B) an estimate of the amounts of basic

16 allowance for housing that will be paid during

17 the fiscal year for which the budget is sub18 mitted to members of the armed forces living in

19 such housing during such fiscal year, set forth

20 by armed force.’’.

21 SEC. 2804. MODIFICATION OF AUTHORITIES UNDER ALTER22 NATIVE AUTHORITY FOR ACQUISITION AND

23 IMPROVEMENT OF MILITARY HOUSING.

24 (a) REQUIREMENTS FOR CONTRACTS FOR LEASING

25 OF HOUSING.—Section 2874 of title 10, United States
†

608

S 2400 PP

1 Code, is amended by striking subsection (b) and inserting

2 the following new subsection (b):

3 ‘‘(b) CONTRACT TERMS.—Any contract for the lease

4 of housing units under subsection (a) shall include the fol5 lowing provisions:

6 ‘‘(1) That the obligation of the United States to

7 make payments under such contract in any fiscal

8 year shall be subject to appropriations being avail9 able for such fiscal year and specifically for the

10 project covered by such contract.

11 ‘‘(2) A commitment to obligate the necessary

12 amount for a fiscal year covered by such contract

13 when and to the extent that funds are appropriated

14 for the project covered by such contract.

15 ‘‘(3) That the commitment described in para16 graph (2) does not constitute an obligation of the

17 United States.’’.

18 (b) INVESTMENTS SUBJECT TO AVAILABILITY OF AP19 PROPRIATIONS.—Section 2875(a) of such title is amended

20 by inserting ‘‘, subject to the availability of appropriations

21 for such purpose,’’ after ‘‘may’’.

22 (c) REPEAL OF CERTAIN AUTHORITIES.—

23 (1) RENTAL GUARANTEES.—Section 2876 of

24 such title is repealed.
†

609

S 2400 PP

1 (2) DIFFERENTIAL LEASE PAYMENTS.—Section

2 2877 of such title is repealed.

3 (3) ASSIGNMENT OF MEMBERS OF THE ARMED

4 FORCES TO HOUSING UNITS.—Section 2882 of such

5 title is repealed.

6 (d) INCREASE IN AMOUNT OF BUDGET AUTHORITY

7 FOR MILITARY FAMILY HOUSING.—Section 2883(g)(1) of

8 such title is amended by striking ‘‘$850,000,000’’ and in9 serting ‘‘$850,000,001’’.

10 (e) CLERICAL AMENDMENTS.—The table of sections

11 at the beginning of subchapter IV of chapter 169 of such

12 title is amended by striking the items relating to sections

13 2876, 2877, and 2882.

14 Subtitle B—Real Property and

15 Facilities Administration

16 SEC. 2811. RECODIFICATION AND CONSOLIDATION OF CER17 TAIN AUTHORITIES AND LIMITATIONS RE18 LATING TO REAL PROPERTY ADMINISTRA19 TION.

20 (a) CERTAIN PROVISIONS ON LAND ACQUISITION.—

21 (1) RECODIFICATION.—Section 2661 of title

22 10, United States Code, is amended by adding at

23 the end the following new subsections:

24 ‘‘(c) COMMISSIONS ON LAND PURCHASE CON25 TRACTS.—The maximum amount payable as a commission
†

610

S 2400 PP

1 on a contract for the purchase of land from funds appro2 priated for the Department of Defense is 2 percent of the

3 purchase price.

4 ‘‘(d) AVAILABILITY OF FUNDS FOR ACQUISITION OF

5 CERTAIN INTERESTS IN LANDS.—Appropriations avail6 able to the Department of Defense for operation and

7 maintenance or construction may be used for the fol8 lowing:

9 ‘‘(1) The acquisition of land or interests in land

10 under section 2672 of this title.

11 ‘‘(2) The acquisition of interests in land under

12 section 2675 of this title.’’.

13 (2) STYLISTIC AMENDMENTS.—Such section is

14 further amended—

15 (A) in subsection (a), by inserting ‘‘AVAIL16 ABILITY OF FUNDS FOR REPAIR OF FACILITIES

17 AND FOR INSTALLATION OF EQUIPMENT.—’’

18 after ‘‘(a)’’; and

19 (B) in subsection (b), by inserting

20 ‘‘LEASES; DEFENSE ACCESS ROADS.—’’ after

21 ‘‘(b)’’.

22 (b) CERTAIN PROVISIONS ON USE OF FACILITIES.—

23 Section 2679 of such title is amended to read as follows:
†

611

S 2400 PP

1 ‘‘§ 2679. Use of facilities: use by private organizations;

2 use as polling places

3 ‘‘(a) USE OF SPACE AND EQUIPMENT BY VETERANS

4 SERVICE ORGANIZATIONS.—(1) Upon certification to the

5 Secretary concerned by the Secretary of Veterans Affairs,

6 the Secretary concerned shall allow accredited, paid, full7 time representatives of the organizations named in section

8 5902 of title 38, or of other organizations recognized by

9 the Secretary of Veterans Affairs, to function on military

10 installations under the jurisdiction of the Secretary con11 cerned that are on land and from which persons are dis12 charged or released from active duty.

13 ‘‘(2) The commanding officer of a military installa14 tion allowing representatives to function on the installa15 tion under paragraph (1) shall allow the representatives

16 to use available space and equipment at the installation.

17 ‘‘(3) The regulations prescribed to carry out section

18 2679 of title 10, United States Code (as in effect on the

19 day before the date of the enactment of the National De20 fense Authorization Act for Fiscal Year 2005), that are

21 in effect on January 1, 1958, shall remain in effect until

22 changed by joint action of the Secretary concerned and

23 the Secretary of Veterans Affairs.

24 ‘‘(4) This subsection does not authorize the violation

25 of measures of military security.
†

612

S 2400 PP

1 ‘‘(b) LICENSES TO AMERICAN NATIONAL RED CROSS

2 FOR ERECTION AND USE OF BUILDINGS.—(1) Under

3 such conditions as the Secretary concerned may prescribe,

4 such Secretary may issue a revocable license to the Amer5 ican National Red Cross to—

6 ‘‘(A) erect and maintain, on any military instal7 lation under the jurisdiction of such Secretary,

8 buildings for the storage of supplies; or

9 ‘‘(B) use, for the storage of supplies, buildings

10 erected by the United States.

11 ‘‘(2) Supplies stored in buildings erected or used

12 under this subsection are available to aid the civilian popu13 lation in a serious national disaster.

14 ‘‘(c) USE OF CERTAIN FACILITIES AS POLLING

15 PLACES.—(1) Notwithstanding chapter 29 of title 18 (in16 cluding sections 592 and 593 of such title) or any other

17 provision of law, the Secretary of Defense or Secretary

18 of a military department may not (except as provided in

19 paragraph (3)) prohibit the designation or use of a quali20 fying facility under the jurisdiction of such Secretary as

21 an official polling place for Federal, State, or local elec22 tions.

23 ‘‘(2) A Department of Defense facility is a qualifying

24 facility for purposes of this subsection if as of December

25 31, 2000—
†

613

S 2400 PP

1 ‘‘(A) the facility is designated as an official

2 polling place by a State or local election official; or

3 ‘‘(B) the facility has been used as such an offi4 cial polling place since January 1, 1996.

5 ‘‘(3) The limitation in paragraph (1) may be waived

6 by the Secretary of Defense or the Secretary of a military

7 department with respect to a particular Department of

8 Defense facility if such Secretary determines that local se9 curity conditions require prohibition of the designation or

10 use of that facility as an official polling place for any elec11 tion.’’.

12 (c) REPEAL OF SUPERSEDED PROVISIONS.—Sections

13 2666, 2670, and 2673 of such title are repealed.

14 (d) CLERICAL AMENDMENTS.—The table of sections

15 for chapter 159 of such title is amended—

16 (1) by striking the items relating to sections

17 2666, 2670, and 2673; and

18 (2) by striking the item relating to section 2679

19 and inserting the following new item:

‘‘Sec. 2679. Use of facilities: use by private organizations; use as polling

places.’’.

20 SEC. 2812. MODIFICATION AND ENHANCEMENT OF AU21 THORITIES ON FACILITIES FOR RESERVE

22 COMPONENTS.

23 (a) INTERESTS IN LAND.—
†

614

S 2400 PP

1 (1) DEFINITION OF TERM.—Section 18232 of

2 title 10, United States Code, is amended—

3 (A) by striking paragraph (2);

4 (B) by redesignating paragraph (3) as

5 paragraph (4); and

6 (C) by inserting after paragraph (1) the

7 following new paragraphs:

8 ‘‘(2) The term ‘facility’ includes any armory,

9 readiness center, building, structure, or other im10 provement of real property needed for the adminis11 tration and training of any unit of the reserve com12 ponents of the armed forces.

13 ‘‘(3) The term ‘interest in land’ includes a fee

14 title, lease, easement, license, permit, or agreement

15 on use of a parcel of real property needed for the

16 administration and training of any unit of the re17 serve components of the armed forces.’’.

18 (2) UTILIZATION OF TERM.—(A) Section

19 18231(1) of such title is amended by inserting be20 fore the semicolon the following: ‘‘, and the acquisi21 tion of interests in land for such purposes’’.

22 (B) Section 18233 of such title is amended—

23 (i) in subsection (a), by inserting ‘‘or inter24 ests in land’’ after ‘‘facilities’’ each place it ap25 pears; and
†

615

S 2400 PP

1 (ii) in subsection (f)(2), by striking ‘‘real

2 property’’ and inserting ‘‘interests in land’’.

3 (C) Section 18233a(a)(1) of such title is

4 amended by inserting ‘‘or interest in land’’ after ‘‘fa5 cility’’.

6 (b) MODIFICATION AND ENHANCEMENT OF ACQUISI7 TION AUTHORITY.—Section 18233 of such title is further

8 amended—

9 (1) in subsection (a)—

10 (A) in the matter preceding paragraph (1),

11 by striking ‘‘and to’’ and inserting ‘‘chapters

12 159 and 169 of this title, and’’; and

13 (B) in paragraph (1), by striking ‘‘trans14 fer,’’ and inserting ‘‘transfer from a military

15 department, another department or agency of

16 the Federal Government, or a State agency,’’;

17 and

18 (2) in subsection (f)(2), by striking ‘‘exchange

19 of Government-owned land, or otherwise’’ and insert20 ing ‘‘or exchange of Government-owned land’’.

21 (c) AUTHORITY TO CARRY OUT SMALL PROJECTS.—

22 (1) MODIFICATION OF LIMITATION ON AUTHOR23 ITY.—Section 18233a(a) of such title is further

24 amended—
†

616

S 2400 PP

1 (A) in paragraph (1), by striking

2 ‘‘$1,500,000’’ and inserting ‘‘$750,000’’; and

3 (B) in paragraph (2), by adding at the end

4 the following new subparagraph:

5 ‘‘(D) A repair project (as that term is defined

6 in section 2811(e) of this title) costing less than

7 $10,000,000.’’.

8 (2) RECODIFICATION OF AUTHORITY TO CARRY

9 OUT WITH OPERATION AND MAINTENANCE FUNDS.—

10 Chapter 1803 of title 10, United States Code, is

11 amended by inserting after section 18233a the fol12 lowing new section:

13 ‘‘§ 18233b. Authority to carry out small projects with

14 operation and maintenance funds

15 ‘‘Under such regulations as the Secretary of Defense

16 may prescribe, the Secretary may spend, from appropria17 tions available for operation and maintenance, amounts

18 necessary to carry out any project authorized under sec19 tion 18233(a) of this title costing not more than—

20 ‘‘(1) the amount specified in section

21 2805(c)(1)(A) of this title, in the case of a project

22 intended solely to correct a deficiency that is life23 threatening, health-threatening, or safety-threat24 ening; or
†

617

S 2400 PP

1 ‘‘(2) the amount specified in section

2 2805(c)(1)(B) of this title, in the case of any other

3 project.’’.

4 (3) REPEAL OF SUPERSEDED AUTHORITY.—

5 Section 18233a of such title is amended by striking

6 subsection (b).

7 (4) CONFORMING AMENDMENTS.—Section

8 18233a of such title is further amended—

9 (A) by striking ‘‘(1) Except as provided in

10 paragraph (2)’’ and inserting ‘‘Except as pro11 vided in subsection (b)’’; and

12 (B) by redesignating paragraph (2) as sub13 section (b) and in that subsection, as so

14 redesignated—

15 (i) by striking ‘‘Paragraph (1)’’ and

16 inserting ‘‘Subsection (a)’’;

17 (ii) by redesignating subparagraphs

18 (A), (B), (C), and (D) as paragraphs (1),

19 (2), (3), and (4), respectively; and

20 (iii) in paragraph (2), as so

21 redesignated—

22 (I) by redesignating clauses (i)

23 and (ii) as subparagraphs (A) and

24 (B), respectively; and
†

618

S 2400 PP

1 (II) in subparagraph (B), as so

2 redesignated, by striking ‘‘(I) 25 per3 cent, or (II)’’ and inserting ‘‘(i) 25

4 percent, or (ii)’’.

5 (5) CLERICAL AMENDMENTS.—(A) The heading

6 of section 18233a of such title is amended to read

7 as follows:

8 ‘‘§ 18233a. Limitation on certain projects’’.

9 (B) The table of sections at the beginning of

10 chapter 1803 of such title is amended by striking

11 the item relating to section 18233a and inserting the

12 following new items:

‘‘18233a. Limitation on certain projects.

‘‘18233b. Authority to carry out small projects with operation and maintenance

funds.’’.

13 SEC. 2813. AUTHORITY TO EXCHANGE OR SELL RESERVE

14 COMPONENT FACILITIES AND LANDS TO OB15 TAIN NEW RESERVE COMPONENT FACILITIES

16 AND LANDS.

17 (a) IN GENERAL.—The Secretary of Defense may au18 thorize each Secretary of a military department to carry

19 out projects to assess the feasibility and advisability of ob20 taining new facilities and lands for the reserve components

21 of such department through the exchange or sale of exist22 ing facilities or lands of such reserve components.
†

619

S 2400 PP

1 (b) TRANSACTIONS AUTHORIZED.—Pursuant to the

2 authority under subsection (a), the Secretary of a military

3 department may carry out any transaction as follows:

4 (1) An exchange of an existing facility or exist5 ing interest in land of a reserve component of such

6 department for a new facility, an interest in land, or

7 an addition to an existing facility for the reserve

8 component.

9 (2) A sale of an existing facility or existing in10 terest in land of a reserve component of such depart11 ment with the proceeds of sale used to acquire a new

12 facility, an interest in land, or an addition to an ex13 isting facility for the reserve component.

14 (3) A combination of an exchange and sale of

15 an existing facility, interest in land, or both of a re16 serve component of such department with the use of

17 the exchange allowance and proceeds of sale to ac18 quire a facility, an interest in land, or an addition

19 to an existing facility for the reserve component.

20 (c) FACILITIES AND LANDS SUBJECT TO TRANS21 ACTION.—A facility or interest in land of a reserve compo22 nent that may be exchanged or sold pursuant to the au23 thority under subsection (a) is any facility or interest in

24 land under the control of the military department con-
†

620

S 2400 PP

1 cerned that is not excess property, as that term is defined

2 in section 102(3) of title 40, United States Code.

3 (d) FAIR MARKET VALUE TO BE OBTAINED IN

4 TRANSACTION.—In any exchange or sale of an existing fa5 cility pursuant to the authority under subsection (a), the

6 United States shall receive cash, a replacement facility or

7 addition to an existing facility, an interest in land, or a

8 combination thereof of in an amount not less than the fair

9 market value of the existing facility, as determined by the

10 Secretary of the military department concerned.

11 (e) REQUIREMENTS FOR REPLACEMENT FACILI12 TIES.—(1) A facility obtained as a replacement facility for

13 an existing facility, or as an addition to an existing facil14 ity, pursuant to the authority under subsection (a) shall,

15 as determined by the Secretary of the military department

16 concerned—

17 (A) be complete and usable, fully functional,

18 and ready for occupancy, and satisfy fully all oper19 ational requirements of the existing facility; and

20 (B) meet all applicable Federal, State, and local

21 requirements relating to health, safety, fire, and the

22 environment.

23 (2) A facility obtained as a replacement facility for

24 an existing facility, or as an addition to an existing facil25 ity, pursuant to the authority under subsection (a) shall
†

621

S 2400 PP

1 meet the requirements specified in subparagraphs (A) and

2 (B) of paragraph (1) before the conclusion of the exchange

3 or sale of the existing facility concerned.

4 (f) AGREEMENT REQUIRED.—The Secretary of a

5 military department shall carry out each transaction pur6 suant to the authority under subsection (a) through an

7 agreement for that purpose entered into by such Secretary

8 and the person or entity carrying out the transaction.

9 (g) SELECTION AMONG COMPETING PARTICI10 PANTS.—(1) If more than one person or entity notifies the

11 Secretary of a military department of an interest in car12 rying out a transaction pursuant to the authority under

13 subsection (a), the Secretary shall, except as provided in

14 paragraph (2), select the person or entity to carry out the

15 transaction through the use of competitive procedures.

16 (2) The Secretary of a military department may use

17 procedures other than competitive procedures to select

18 among persons and entities to carry out a transaction pur19 suant to the authority under subsection (a), but only in

20 accordance with subsections (c) through (f) of section

21 2304 of title 10, United States Code.

22 (h) NOTICE AND WAIT REQUIREMENT.—(1) The

23 Secretary of a military department may not enter into an

24 agreement pursuant to the authority under subsection (a)

25 until 30 days after the date on which such Secretary sub-
†

622

S 2400 PP

1 mits to the congressional defense committees a report on

2 the agreement.

3 (2) A report on an agreement under paragraph (1)

4 shall include the following:

5 (A) A description of terms of the agreement, in6 cluding a description of any funds to be received by

7 the United States under the agreement and the pro8 posed use of such funds.

9 (B) A description of the existing facility, inter10 est in land, or both of a reserve component covered

11 by the agreement, including the fair market value of

12 such facility, interest in land, or both and the meth13 od of determination of such fair market value.

14 (C) Data on the facility or addition to an exist15 ing facility, if any, to be received by the United

16 States under the agreement, which data shall meet

17 requirements for data to be provided Congress for

18 military construction projects to obtain a similar fa19 cility or addition to an existing facility.

20 (D) A certification that the existing facility, in21 terest in land, or both of a reserve component cov22 ered by the agreement is not required by another

23 military department.
†

623

S 2400 PP

1 (3) Section 2662 of title 10, United States Code,

2 shall not apply to any transaction carried out pursuant

3 to the authority under subsection (a).

4 (i) TREATMENT OF FUNDS RECEIVED IN TRANS5 ACTIONS.—(1) The Secretary of a military department

6 shall deposit in a special account in the Treasury estab7 lished for such purpose pursuant to section 572(b) of title

8 40, United States Code, any amounts received pursuant

9 to an agreement entered into by such Secretary pursuant

10 to the authority under subsection (a).

11 (2) Amounts deposited by the Secretary of a military

12 department under paragraph (1) in the account estab13 lished by such Secretary under that paragraph with re14 spect to an agreement shall be available to such Secretary,

15 without further appropriation, as follows:

16 (A) For the construction or acquisition of facili17 ties, or of additions to existing facilities, for the re18 serve component concerned at the location to which

19 such agreement applies.

20 (B) To the extent that such amounts are not

21 required for purposes of subparagraph (A), for

22 maintenance, protection, alteration, repair, improve23 ment, or restoration (including environmental res24 toration) of facilities or property of the reserve com-
†

624

S 2400 PP

1 ponent concerned at the location to which such

2 agreement applies.

3 (3) Amounts available under paragraph (2) shall re4 main available until expended.

5 (j) SOLE AUTHORITY FOR EXCHANGES OF FACILI6 TIES AND LANDS.—Except as otherwise specifically au7 thorized by law, during the period of the authority under

8 subsection (a), the authority under that subsection to ex9 change facilities or interests in land of the reserve compo10 nents to obtain facilities, interests in land, or additions

11 to facilities for the reserve components is the sole author12 ity available in law for that purpose.

13 (k) CONSTRUCTION WITH OTHER MILITARY CON14 STRUCTION LAWS.—Transactions pursuant to the author15 ity under subsection (a) shall not be treated as military

16 construction projects requiring an authorization in law as

17 otherwise required by section 2802 of title 10, United

18 States Code.

19 (l) REPORT.—Not later than March 1, 2007, the Sec20 retary of Defense shall submit to the congressional defense

21 committees a report on the exercise of the authority under

22 subsection (a). The report shall include the following:

23 (1) A description of the projects carried out

24 under the authority.
†

625

S 2400 PP

1 (2) A description of the analysis and criteria

2 used to identify existing facilities and interests in

3 land to be exchanged or sold under the authority.

4 (3) An assessment of the utility to the Depart5 ment of Defense of the authority, including rec6 ommendations for modifications of such authority in

7 order to enhance the utility of such authority for the

8 Department.

9 (4) An assessment of interest in future ex10 changes or sales in the event the authority is ex11 tended.

12 (5) An assessment of the advisability of making

13 the authority, including any modifications of the au14 thority recommended under paragraph (3), perma15 nent.

16 (m) DEFINITIONS.—In this section:

17 (1) The term ‘‘facility’’ includes an armory,

18 readiness center, or other structure, and storage or

19 other facilities, normally needed for the administra20 tion and training of a unit of a reserve component.

21 (2) The terms ‘‘armory’’ and ‘‘readiness center’’

22 have the meanings given such terms in section

23 18232(3) of title 10, United States Code.
†

626

S 2400 PP

1 (n) EXPIRATION DATE.—No transaction may be

2 commenced pursuant to the authority under subsection (a)

3 after September 30, 2006.

4 SEC. 2814. REPEAL OF AUTHORITY OF SECRETARY OF DE5 FENSE TO RECOMMEND THAT INSTALLA6 TIONS BE PLACED IN INACTIVE STATUS DUR7 ING 2005 ROUND OF DEFENSE BASE CLOSURE

8 AND REALIGNMENT.

9 Section 2914 of the Defense Base Closure and Re10 alignment Act of 1990 (part A of title XXIX of Public

11 Law 101–510; 10 U.S.C. 2687 note) is amended by strik12 ing subsection (c).

13 Subtitle C—Land Conveyances

14 SEC. 2821. TRANSFER OF ADMINISTRATIVE JURISDICTION,

15 DEFENSE SUPPLY CENTER, COLUMBUS,

16 OHIO.

17 (a) TRANSFER AUTHORIZED.—The Secretary of the

18 Army may transfer, without reimbursement, to the Sec19 retary of Veterans Affairs administrative jurisdiction of a

20 parcel of real property consisting of approximately 20

21 acres and comprising a portion of the Defense Supply

22 Center in Columbus, Ohio.

23 (b) USE OF PROPERTY.—The Secretary of Veterans

24 Affairs may only use the property transferred under sub25 section (a) as the site for the construction of a new out-
†

627

S 2400 PP

1 patient clinic for the provision of medical services to vet2 erans.

3 (c) COSTS.—Any administrative costs in connection

4 with the transfer of property under subsection (a), includ5 ing the costs of the survey required by subsection (e), shall

6 be borne by the Secretary of Veterans Affairs.

7 (d) RETURN OF JURISDICTION TO ARMY.—If at any

8 time the Secretary of the Army determines that the prop9 erty transferred under subsection (a) is not being utilized

10 for the outpatient clinic described in subsection (b), then,

11 at the election of the Secretary of the Army, the Secretary

12 of Veterans Affairs shall return to the Secretary of the

13 Army administrative jurisdiction of the property.

14 (e) EXEMPTION FROM FEDERAL SCREENING.—The

15 conveyance under subsection (a) is exempt from the re16 quirement to screen the property for other Federal use

17 pursuant to section 2693 of title 10, United States Code.

18 (f) DESCRIPTION OF PROPERTY.—The exact acreage

19 and legal description of the real property to be transferred

20 under subsection (a) shall be determined by a survey satis21 factory to the Secretary of the Army.

22 (g) ADDITIONAL TERMS AND CONDITIONS.—The

23 Secretary of the Army may require such additional terms

24 and conditions in connection with the transfer under sub-
†

628

S 2400 PP

1 section (a) as the Secretary considers appropriate to pro2 tect the interests of the United States.

3 SEC. 2822. LAND CONVEYANCE, BROWNING ARMY RESERVE

4 CENTER, UTAH.

5 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

6 of the Army may convey, without consideration, to the

7 State of Utah (in this section referred to as the ‘‘State’’)

8 all right, title, and interest of the United States in and

9 to a parcel of unimproved real property consisting of ap10 proximately 10 acres and located at the Browning Army

11 Reserve Center, Utah.

12 (2) The purpose of the conveyance is to permit the

13 Department of Veterans Affairs of the State of Utah to

14 construct and operate a facility for the provision of nurs15 ing care for veterans.

16 (b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

17 Secretary may require the State to cover costs to be in18 curred by the Secretary, or to reimburse the Secretary for

19 costs incurred by the Secretary, to carry out the convey20 ance under subsection (a), including survey costs, costs re21 lated to environmental documentation, and other adminis22 trative costs related to the conveyance. If amounts paid

23 to the Secretary in advance exceed the costs actually in24 curred by the Secretary to carry out the conveyance, the

25 Secretary shall refund the excess amount to the State.
†

629

S 2400 PP

1 (2) Amounts received under paragraph (1) shall be

2 credited to the fund or account that was used to cover

3 the costs incurred by the Secretary. Amounts so credited

4 shall be merged with amounts in such fund or account,

5 and shall be available for the same purposes, and subject

6 to the same conditions and limitations, as amounts in such

7 fund or account.

8 (c) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the property to be conveyed under

10 subsection (a) shall be determined by a survey satisfactory

11 to the Secretary.

12 (d) ADDITIONAL TERMS AND CONDITIONS.—The

13 Secretary may require such additional terms and condi14 tions in connection with the conveyance under subsection

15 (a) as the Secretary considers appropriate to protect the

16 interests of the United States.

17 SEC. 2823. LAND EXCHANGE, ARLINGTON COUNTY, VIR18 GINIA.

19 (a) EXCHANGE AUTHORIZED.—(1) The Secretary of

20 Defense may convey to Arlington County, Virginia (in this

21 section referred to as the ‘‘County’’), all right, title, and

22 interest of the United States in and to a parcel of real

23 property, together with any improvements thereon, con24 sisting of not more than 4.5 acres and located along the

25 western boundary of the Navy Annex property, Virginia,
†

630

S 2400 PP

1 for the purpose of the construction of a freedmen heritage

2 museum and an Arlington history museum.

3 (2) The size of the parcel of real property conveyed

4 under paragraph (1) shall be such that the acreage of the

5 parcel shall be equivalent to the acreage of the parcel of

6 real property conveyed under subsection (b). The Sec7 retary shall determine the acreage of the parcels, and such

8 determination shall be final.

9 (b) CONSIDERATION.—As consideration for the con10 veyance of property under subsection (a), the County shall

11 convey to the United States all right, title, and interest

12 of the County in and to a parcel of real property, together

13 with any improvements thereon, consisting of not more

14 than 4.5 acres and known as the Southgate Road right15 of-way between Arlington National Cemetery, Virginia,

16 and the Navy Annex property.

17 (c) DESCRIPTION OF PROPERTY.—The exact acreage

18 and legal description of the parcels of real property to be

19 conveyed under this section shall be determined by surveys

20 satisfactory to the Secretary.

21 (d) PAYMENT OF COSTS OF CONVEYANCES.—(1) The

22 Secretary may require the County to cover costs to be in23 curred by the Secretary, or to reimburse the Secretary for

24 costs incurred by the Secretary, to carry out the convey25 ances under subsections (a) and (b), including survey
†

631

S 2400 PP

1 costs, costs related to environmental documentation, and

2 other administrative costs related to the conveyances. If

3 amounts are collected from the County in advance of the

4 Secretary incurring the actual costs, and the amount col5 lected exceeds the costs actually incurred by the Secretary

6 to carry out the conveyance, the Secretary shall refund

7 the excess amount to the County.

8 (2) Amounts received as reimbursement under para9 graph (1) shall be credited to the fund or account that

10 was used to cover the costs incurred by the Secretary in

11 carrying out the conveyances. Amounts so credited shall

12 be merged with amounts in such fund or account, and

13 shall be available for the same purposes, and subject to

14 the same conditions and limitations, as amounts in such

15 fund or account.

16 (e) REVERSIONARY INTEREST.—(1) If at any time

17 the Secretary determines that the property conveyed to the

18 County under subsection (a) is not being used for the pur19 poses stated in that subsection, then, at the option of the

20 Secretary, all right, title, and interest in and to the prop21 erty, including any improvements thereon, shall revert to

22 the United States, and the United States shall have the

23 right of immediate entry onto the property.

24 (2) If the Secretary exercises the reversionary inter25 est provided for in paragraph (1), the Secretary shall pay
†

632

S 2400 PP

1 the County, from amounts available to the Secretary for

2 military construction for the Defense Agencies, an amount

3 equal to the fair market value of the property covered by

4 the reversionary interest, as determined by the Secretary.

5 (f) EXEMPTION FROM FEDERAL SCREENING.—The

6 conveyance under subsection (a) is exempt from the re7 quirement to screen the property for other Federal use

8 pursuant to sections 2693 and 2696 of title 10, United

9 States Code.

10 (g) INCLUSION OF SOUTHGATE ROAD RIGHT-OF11 WAY PROPERTY IN TRANSFER OF NAVY ANNEX PROP12 ERTY FOR ARLINGTON NATIONAL CEMETERY.—Sub13 section (a) of section 2881 of the Military Construction

14 Authorization Act for Fiscal Year 2000 (division B of

15 Public Law 106–65; 113 Stat. 879) is amended by strik16 ing ‘‘three parcels of real property consisting of approxi17 mately 36 acres’’ and inserting ‘‘four parcels of real prop18 erty consisting of approximately 40 acres’’.

19 (h) TERMINATION OF RESERVATION OF CERTAIN

20 NAVY ANNEX PROPERTY FOR MEMORIALS OR MUSE21 UMS.—Subsection (b) of such section, as amended by sec22 tion 2863(f) of the Military Construction Authorization

23 Act for Fiscal Year 2002 (division B of Public Law 107–

24 107; 115 Stat. 1332) and section 2851(a)(1) of the Mili25 tary Construction Authorization Act for Fiscal Year 2003
†

633

S 2400 PP

1 (division B of Public Law 107–314; 116 Stat. 2726), is

2 further amended—

3 (1) by striking ‘‘(1) Subject to paragraph (2),

4 the Secretary’’ and inserting ‘‘The Secretary’’; and

5 (2) by striking paragraph (2).

6 (i) ADDITIONAL TERMS AND CONDITIONS.—The Sec7 retary may require such additional terms and conditions

8 in connection with the conveyances under this section as

9 the Secretary considers appropriate to protect the inter10 ests of the United States.

11 SEC. 2824. LAND CONVEYANCE, HAMPTON, VIRGINIA.

12 (a) CONVEYANCE AUTHORIZED.—The Secretary of

13 the Army may convey, without consideration, to the

14 Hampton City School Board, Hampton, Virginia (in this

15 section referred to as the ‘‘Board’’), all right, title, and

16 interest of the United States in and to a parcel of real

17 property, including any improvements thereon, that con18 sists of approximately 29.8 acres, is located on Downey

19 Farm Road in Hampton, Virginia, and is known as the

20 Butler Farm United States Army Reserve Center in order

21 to permit the Board to utilize the property for public edu22 cation purposes.

23 (b) CONDITION OF CONVEYANCE.—The conveyance

24 under subsection (a) shall be subject to the condition that

25 the Board accept the real property described in subsection
†

634

S 2400 PP

1 (a) in its condition at the time of the conveyance, com2 monly known as conveyance ‘‘as is’’.

3 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

4 Secretary may require the Board to cover costs to be in5 curred by the Secretary, or to reimburse the Secretary for

6 costs incurred by the Secretary, to carry out the convey7 ance under subsection (a), including survey costs, costs re8 lated to environmental documentation, and other adminis9 trative costs related to the conveyance. If amounts are col10 lected from the Board in advance of the Secretary incur11 ring the actual costs, and the amount collected exceeds

12 the costs actually incurred by the Secretary to carry out

13 the conveyance, the Secretary shall refund the excess

14 amount to the Board.

15 (2) Amounts received as reimbursement under para16 graph (1) shall be credited to the fund or account that

17 was used to cover the costs incurred by the Secretary in

18 carrying out the conveyance. Amounts so credited shall be

19 merged with amounts in such fund or account, and shall

20 be available for the same purposes, and subject to the

21 same conditions and limitations, as amounts in such fund

22 or account.

23 (d) EXEMPTION FROM FEDERAL SCREENING.—The

24 conveyance authorized by subsection (a) is exempt from

25 the requirement to screen the property for other Federal
†

635

S 2400 PP

1 use pursuant to section 2693 and 2696 of title 10, United

2 States Code.

3 (e) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the property to be conveyed under

5 subsection (a) shall be determined by a survey satisfactory

6 to the Secretary.

7 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec8 retary may require such additional terms and conditions

9 in connection with the conveyance under subsection (a) as

10 the Secretary considers appropriate to protect the inter11 ests of the United States.

12 SEC. 2825. LAND CONVEYANCE, SEATTLE, WASHINGTON.

13 (a) CONVEYANCE AUTHORIZED.—The Secretary of

14 the Army may convey, without consideration, to the State

15 of Washington (in this section referred to as the ‘‘State’’)

16 all right, title, and interest of the United States in and

17 to a parcel of real property, including any improvements

18 thereon, consisting of approximately 9.747 acres in Se19 attle, Washington, and comprising a portion of the Na20 tional Guard Facility, Pier 91, for the purpose of permit21 ting the State to convey the facility unencumbered for eco22 nomic development purposes.

23 (b) CONDITION OF CONVEYANCE.—The conveyance

24 under subsection (a) shall be subject to the condition that

25 the State accept the real property in its condition at the
†

636

S 2400 PP

1 time of the conveyance, commonly known as conveyance

2 ‘‘as is’’.

3 (c) ADMINISTRATIVE EXPENSES.—(1) The State

4 shall reimburse the Secretary for the administrative ex5 penses incurred by the Secretary in carrying out the con6 veyance under subsection (a), including expenses related

7 to surveys and legal descriptions, boundary

8 monumentation, environmental surveys, necessary docu9 mentation, travel, and deed preparation.

10 (2) Section 2695(c) of title 10, United States Code,

11 shall apply to any amounts received by the Secretary as

12 reimbursement under this subsection.

13 (d) DESCRIPTION OF PROPERTY.—The exact acreage

14 and legal description of the property to be conveyed under

15 subsection (a) shall be determined by a survey satisfactory

16 to the Secretary. The cost of the survey shall be borne

17 by the United States, subject to the requirement for reim18 bursement under subsection (c).

19 (e) ADDITIONAL TERMS AND CONDITIONS.—The

20 Secretary may require such additional terms and condi21 tions in connection with the conveyance under subsection

22 (a) as the Secretary considers appropriate to protect the

23 interests of the United States.
†

637

S 2400 PP

1 SEC. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVE2 NUE NAVAL COMPLEX, DISTRICT OF COLUM3 BIA.

4 (a) TRANSFER REQUIRED.—The Secretary of the

5 Navy shall transfer to the administrative jurisdiction of

6 the Administrator of General Services the parcel of De7 partment of the Navy real property in the District of Co8 lumbia known as the Nebraska Avenue Complex for the

9 purpose of permitting the Administrator to use the Com10 plex to accommodate the Department of Homeland Secu11 rity. The Complex shall be transferred in its existing con12 dition.

13 (b) AUTHORITY TO RETAIN MILITARY FAMILY

14 HOUSING.—The Secretary of the Navy may retain admin15 istrative jurisdiction over the portion of the Complex that

16 the Secretary considers to be necessary for continued use

17 as Navy family housing.

18 (c) TIME FOR TRANSFER.—The transfer of adminis19 trative jurisdiction over the Complex to the Administrator

20 under subsection (c) shall be completed not later than

21 January 1, 2005.

22 (d) RELOCATION OF NAVY ACTIVITIES.—As part of

23 the transfer of the Complex under this section, the Sec24 retary of the Navy shall relocate Department of the Navy

25 activities at the Complex to other locations.
†

638

S 2400 PP

1 (e) PAYMENT OF RELOCATION COSTS.—Subject to

2 the availability of appropriations for this purpose, the Sec3 retary of Homeland Security shall be responsible for the

4 payment of—

5 (1) all reasonable costs, including costs to move

6 furnishings and equipment, related to the relocation

7 of Department of the Navy activities from the Com8 plex under subsection (d);

9 (2) all reasonable costs, including rent, incident

10 to the occupancy by such activities of interim leased

11 space; and

12 (3) all reasonable costs incident to the acquisi13 tion of permanent facilities for Department of the

14 Navy activities relocated from the Complex.

15 (f) SUBMISSION OF COST ESTIMATES.—As soon as

16 practicable after the date of the enactment of this Act,

17 but not later than January 1, 2005, the Secretary of the

18 Navy shall submit to the congressional defense committees

19 an initial estimate of the amounts that will be necessary

20 to cover the costs to permanently relocate Department of

21 the Navy activities from the Complex. The Secretary shall

22 include in the estimate anticipated land acquisition and

23 facility construction costs. The Secretary shall revise the

24 estimate as necessary whenever information regarding the

25 actual costs for the relocation is obtained.
†

639

S 2400 PP

1 (g) CERTIFICATION OF RELOCATION COSTS.—At the

2 end of the three-year period beginning on the date of the

3 transfer of the Complex under subsection (a), the Sec4 retary of the Navy shall submit to Congress written

5 notice—

6 (1) specifying the total amount expended under

7 subsection (e) to cover the costs of relocating De8 partment of the Navy activities from the Complex;

9 (2) specifying the total amount expended to ac10 quire permanent facilities for Department of the

11 Navy activities relocated from the Complex; and

12 (3) certifying whether the amounts paid are

13 sufficient to complete all relocation actions.

14 SEC. 2827. LAND CONVEYANCE, HONOLULU, HAWAII.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of

16 the Navy may convey, without consideration but subject

17 to the conditions specified in subsection (b), to the City

18 and County of Honolulu, Hawaii, all right, title, and inter19 est of the United States in and to a parcel of real property,

20 including improvements thereon, consisting of approxi21 mately 5.16 acres located at 890 Valkenberg Avenue,

22 Honolulu, Hawaii, and currently used by the City and

23 County of Honolulu as the site of a fire station and fire24 fighting training facility. The purpose of the conveyance

25 is to enhance the capability of the City and County of
†

640

S 2400 PP

1 Honolulu to provide fire protection and firefighting serv2 ices to the civilian and military properties in the area and

3 to provide a location for firefighting training for civilian

4 and military personnel.

5 (b) CONDITIONS OF CONVEYANCE.—The conveyance

6 under subsection (a) shall be subject to the following con7 ditions:

8 (1) That the City and County of Honolulu ac9 cept the real property in its condition at the time of

10 the conveyance, commonly known as conveyance ‘‘as

11 is’’.

12 (2) That the City and County of Honolulu

13 make the firefighting training facility available to

14 the fire protection and firefighting units of the mili15 tary departments for training not less than 2 days

16 per week on terms satisfactory to the Secretary.

17 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

18 Secretary shall require the City and County of Honolulu

19 to cover costs to be incurred by the Secretary, or to reim20 burse the Secretary for costs incurred by the Secretary,

21 to carry out the conveyance under subsection (a), includ22 ing survey costs, costs related to environmental docu23 mentation, and other administrative costs related to the

24 conveyance. If amounts are collected from the City and

25 County of Honolulu in advance of the Secretary incurring
†

641

S 2400 PP

1 the actual costs, and the amount collected exceeds the

2 costs actually incurred by the Secretary to carry out the

3 conveyance, the Secretary shall refund the excess amount,

4 without interest, to the City and County of Honolulu.

5 (2) Amounts received under paragraph (1) shall be

6 credited to the fund or account that was used to cover

7 the costs incurred by the Secretary in carrying out the

8 conveyance. Amounts so credited shall be merged with

9 amounts in such fund or account, and shall be available

10 for the same purposes, and subject to the same conditions

11 and limitations, as amounts in such fund or account.

12 (d) DESCRIPTION OF PROPERTY.—The exact acreage

13 and legal description of the property to be conveyed under

14 subsection (a) shall be determined by a survey satisfactory

15 to the Secretary.

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The

17 Secretary may require such additional terms and condi18 tions in connection with the conveyance under subsection

19 (a) as the Secretary considers appropriate to protect the

20 interests of the United States.

21 SEC. 2828. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.

22 (a) CONVEYANCE AUTHORIZED.—The Secretary of

23 the Navy may convey, without consideration, to the City

24 of Portsmouth, Virginia (in this section referred to as the

25 ‘‘City’’), all right, title, and interest of the United States
†

642

S 2400 PP

1 in and to a parcel of real property, including any improve2 ments thereon, consisting of approximately 0.49 acres lo3 cated at 517 King Street, Portsmouth, Virginia, and

4 known as the ‘‘Navy YMCA Building’’, for economic revi5 talization purposes.

6 (b) CONDITIONS OF CONVEYANCE.—The conveyance

7 under subsection (a) shall be subject to the following con8 ditions:

9 (1) That the City accept the real property de10 scribed in subsection (a) in its condition at the time

11 of the conveyance, commonly known as conveyance

12 ‘‘as is’’.

13 (2) That the City bear all costs related to the

14 environmental remediation, use, and redevelopment

15 of the real property.

16 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

17 Secretary may require the City to cover costs to be in18 curred by the Secretary, or to reimburse the Secretary for

19 costs incurred by the Secretary, to carry out the convey20 ance under subsection (a), including survey costs, costs re21 lated to environmental documentation, and other adminis22 trative costs related to the conveyance. If amounts paid

23 to the Secretary in advance exceed the costs actually in24 curred by the Secretary to carry out the conveyance, the

25 Secretary shall refund the excess amount to the City.
†

643

S 2400 PP

1 (2) Amounts received under paragraph (1) shall be

2 credited to the fund or account that was used to cover

3 the costs incurred by the Secretary. Amounts so credited

4 shall be merged with amounts in such fund or account,

5 and shall be available for the same purposes, and subject

6 to the same conditions and limitations, as amounts in such

7 fund or account.

8 (d) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the property to be conveyed under

10 subsection (a) shall be determined by a survey satisfactory

11 to the Secretary.

12 (e) ADDITIONAL TERMS AND CONDITIONS.—The

13 Secretary may require such additional terms and condi14 tions in connection with the conveyance under subsection

15 (a) as the Secretary considers appropriate to protect the

16 interests of the United States.

17 SEC. 2829. LAND CONVEYANCE, FORMER GRIFFISS AIR

18 FORCE BASE, NEW YORK.

19 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

20 of the Air Force may convey to the Oneida County Indus21 trial Development Agency, New York, the local reuse au22 thority for the former Griffiss Air Force Base (in this sec23 tion referred to as the ‘‘Authority’’), all right, title and

24 interest of the United States in and to a parcel of real

25 property consisting of 9.639 acres and including four
†

644

S 2400 PP

1 buildings described in paragraph (2) that were vacated by

2 the Air Force in conjunction with its relocation to the Con3 solidated Intelligence and Reconnaissance Laboratory at

4 Air Force Research Laboratory—Rome Research Site,

5 Rome, New York.

6 (2) The buildings described in this paragraph are the

7 buildings located on the real property referred in para8 graph (1) as follows:

9 (A) Building 240 (117,323 square feet).

10 (B) Building 247 (13,199 square feet).

11 (C) Building 248 (4,000 square feet).

12 (D) Building 302 (20,577 square feet).

13 (3) The purpose of the conveyance under this sub14 section is to permit the Authority to develop the parcel

15 and structures conveyed for economic purposes in a man16 ner consistent with the Defense Base Closure and Realign17 ment Act of 1990 (part A of title XXIX of Public Law

18 101–510; 10 U.S.C. 2687 note).

19 (b) CONDITION OF CONVEYANCE.—The conveyance

20 under subsection (a) shall be subject to the condition that

21 the Authority accept the real property in its condition at

22 the time of the conveyance, commonly known as convey23 ance ‘‘as is’’.

24 (c) CONSIDERATION.—As consideration for the con25 veyance of property under subsection (a), the Authority
†

645

S 2400 PP

1 shall pay the United States an amount equal to the fair

2 market of value, as determined by the Secretary.

3 (d) TREATMENT OF PROCEEDS.—Any consideration

4 received under subsection (c) shall be deposited in the De5 partment of Defense Base Closure Account 1990 estab6 lished by section 2906 of the Defense Base Closure and

7 Realignment Act of 1990, and shall be available for use

8 in accordance with subsection (b) of such section.

9 (e) DESCRIPTION OF PROPERTY.—The exact acreage

10 and legal description of the real property to be conveyed

11 under subsection (a) shall be determined by a survey satis12 factory to the Secretary. The cost of the survey shall be

13 borne by the Authority.

14 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions

16 in connection with the conveyance under subsection (a) as

17 the Secretary considers appropriate to protect the inter18 ests of the United States.

19 SEC. 2830. LAND EXCHANGE, MAXWELL AIR FORCE BASE,

20 ALABAMA.

21 (a) CONVEYANCE AUTHORIZED.—The Secretary of

22 the Air Force may convey to the City of Montgomery, Ala23 bama (in this section referred to as the ‘‘City’’), all right,

24 title, and interest of the United States in and to a parcel

25 of real property, including any improvements thereon, con-
†

646

S 2400 PP

1 sisting of approximately 28 acres and including all of the

2 Maxwell Heights Housing site and located at Maxwell Air

3 Force Base, Alabama.

4 (b) CONSIDERATION.—(1) As consideration for the

5 conveyance of property under subsection (a), the City shall

6 convey to the United States all right, title, and interest

7 of the City to a parcel of real property, including any im8 provements thereon, consisting of approximately 35 acres

9 and designated as project AL 6–4, that is owned by the

10 City and is contiguous to Maxwell Air Force Base, for the

11 purpose of allowing the Secretary to incorporate such

12 property into a project for the acquisition or improvement

13 of military housing under subchapter IV of chapter 169

14 of title 10, United States Code. The Secretary shall have

15 administrative jurisdiction over the real property received

16 under this subsection.

17 (2) If the fair market value of the real property re18 ceived under paragraph (1) is less than the fair market

19 value of the real property conveyed under subsection (a)

20 (as determined pursuant to an appraisal acceptable to the

21 Secretary), the Secretary may require the City to provide,

22 pursuant to negotiations between the Secretary and the

23 City, in-kind consideration the value of which when added

24 to the fair market value of the property conveyed under
†

647

S 2400 PP

1 subsection (b) equals the fair market value of the property

2 conveyed under subsection (a).

3 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

4 Secretary may require the City to cover costs to be in5 curred by the Secretary, or to reimburse the Secretary for

6 costs incurred by the Secretary, to carry out the convey7 ances under subsections (a) and (b), including survey

8 costs, costs related to environmental documentation, and

9 other administrative costs related to the conveyances. If

10 amounts are collected from the City in advance of the Sec11 retary incurring the actual costs, and the amount collected

12 exceeds the costs actually incurred by the Secretary to

13 carry out the conveyance, the Secretary shall refund the

14 excess amount to the City.

15 (2) Amounts received as reimbursement under para16 graph (1) shall be credited to the fund or account that

17 was used to cover the costs incurred by the Secretary in

18 carrying out the conveyances. Amounts so credited shall

19 be merged with amounts in such fund or account, and

20 shall be available for the same purposes, and subject to

21 the same conditions and limitations, as amounts in such

22 fund or account.

23 (d) DESCRIPTION OF PROPERTY.—The exact acreage

24 and legal description of the property to be conveyed under
†

648

S 2400 PP

1 subsections (a) and (b) shall be determined by surveys sat2 isfactory to the Secretary.

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require such additional terms and condi5 tions in connection with the conveyances under subsections

6 (a) and (b) as the Secretary considers appropriate to pro7 tect the interests of the United States.

8 SEC. 2831. LAND EXCHANGE, NAVAL AIR STATION, PATUX9 ENT RIVER, MARYLAND.

10 (a) CONVEYANCE AUTHORIZED.—The Secretary of

11 the Navy may convey to the State of Maryland (in this

12 section referred to as ‘‘State’’), all right, title, and interest

13 of the United States in and to a parcel of real property,

14 including improvements thereon, consisting of approxi15 mately five acres at Naval Air Station, Patuxent River,

16 Maryland, and containing the Point Lookout Lighthouse,

17 other structures related to the lighthouse, and an archae18 ological site pertaining to the military hospital that was

19 located on the property during the Civil War. The convey20 ance shall include artifacts pertaining to the military hos21 pital recovered by the Navy and held at the installation.

22 (b) PROPERTY RECEIVED IN EXCHANGE.—As con23 sideration for the conveyance of the real property under

24 subsection (a), the State shall convey to the United States

25 a parcel of real property consisting of approximately five
†

649

S 2400 PP

1 acres located in Point Lookout State Park, St. Mary’s

2 County, Maryland.

3 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

4 Secretary may require the State to cover costs to be in5 curred by the Secretary, or to reimburse the Secretary for

6 costs incurred by the Secretary, to carry out the convey7 ance under subsection (a), including survey costs, costs re8 lated to environmental documentation, relocation expenses

9 incurred under subsection (b), and other administrative

10 costs related to the conveyance. If amounts are collected

11 from the State in advance of the Secretary incurring the

12 actual costs, and the amount collected exceeds the costs

13 actually incurred by the Secretary to carry out the convey14 ance, the Secretary shall refund the excess amount to

15 State.

16 (2) Amounts received as reimbursement under para17 graph (1) shall be credited to the fund or account that

18 was used to cover the costs incurred by the Secretary in

19 carrying out the conveyance. Amounts so credited shall be

20 merged with amounts in such fund or account, and shall

21 be available for the same purposes, and subject to the

22 same conditions and limitations, as amounts in such fund

23 or account.

24 (d) DESCRIPTION OF PROPERTY.—The exact acreage

25 and legal description of the properties to be conveyed
†

650

S 2400 PP

1 under this section shall be determined by surveys satisfac2 tory to the Secretary.

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require such additional terms and condi5 tions in connection with the conveyances under this section

6 as the Secretary considers appropriate to protect the inter7 ests of the United States.

8 SEC. 2832. LAND CONVEYANCE, MARCH AIR FORCE BASE,

9 CALIFORNIA.

10 (a) CONVEYANCE AUTHORIZED.—The Secretary of

11 the Air Force may convey to the March Joint Powers Au12 thority (in this section referred to as the ‘‘MJPA’’) all

13 right, title, and interest of the United States in and to

14 a parcel of real property, including any improvements

15 thereon, consisting of approximately 15 acres located in

16 Riverside County, California, and containing the former

17 Defense Reutilization and Marketing Office facility for

18 March Air Force Base, which is also known as Parcel A–

19 6, for the purpose of economic development and revitaliza20 tion.

21 (b) CONSIDERATION.—(1) As consideration for the

22 conveyance of property under subsection (a), the MJPA

23 shall pay the United States an amount equal to the fair

24 market value, as determined by the Secretary, of the prop25 erty to be conveyed under such subsection.
†

651

S 2400 PP

1 (2) The consideration received under this subsection

2 shall be deposited in the special account in the Treasury

3 established under section 572(b) of title 40, United States

4 Code, and available in accordance with the provisions of

5 paragraph (5)(B)(ii).

6 (c) DESCRIPTION OF PROPERTY.—The exact acreage

7 and legal description of the real property to be conveyed

8 under subsection (a) shall be determined by a survey satis9 factory to the Secretary. The cost of the survey shall be

10 borne by the MJPA.

11 (d) ADDITIONAL TERMS AND CONDITIONS.—The

12 Secretary may require such additional terms and condi13 tions in connection with the conveyance under subsection

14 (a) as the Secretary considers appropriate to protect the

15 interests of the United States.

16 SEC. 2833. LAND CONVEYANCE, SUNFLOWER ARMY AMMU17 NITION PLANT, KANSAS.

18 (a) CONVEYANCE AUTHORIZED.—The Secretary of

19 the Army, in consultation with the Administrator of Gen20 eral Services, may convey to an entity selected by the

21 Board of Commissioners of Johnson County, Kansas (in

22 this section referred to as the ‘‘entity’’ and the ‘‘Board’’,

23 respectively), all right, title, and interest of the United

24 States in and to a parcel of real property, including any

25 improvements thereon, consisting of approximately 9,065
†

652

S 2400 PP

1 acres and containing the Sunflower Army Ammunition

2 Plant. The purpose of the conveyance is to facilitate the

3 re-use of the property for economic development and revi4 talization.

5 (b) CONSIDERATION.—(1) As consideration for the

6 conveyance under subsection (a), the entity shall provide

7 the United States, whether by cash payment, in-kind con8 tribution, or a combination thereof, an amount that is not

9 less than the fair market value, as determined by an ap10 praisal of the property acceptable to the Administrator

11 and the Secretary. The Secretary may authorize the entity

12 to carry out, as in-kind consideration, environmental re13 mediation activities for the property conveyed under such

14 subsection.

15 (2) The Secretary shall deposit any cash received as

16 consideration under this subsection in a special account

17 established pursuant to section 572(b) of title 40, United

18 States Code, to pay for environmental remediation and ex19 plosives cleanup of the property conveyed under subsection

20 (a).

21 (c) CONSTRUCTION WITH PREVIOUS LAND CONVEY22 ANCE AUTHORITY ON SUNFLOWER ARMY AMMUNITION

23 PLANT.—The authority in subsection (a) to make the con24 veyance described in that subsection is in addition to the

25 authority under section 2823 of the Military Construction
†

653

S 2400 PP

1 Authorization Act for Fiscal Year 2003 (division B of

2 Public Law 107–314; 116 Stat. 2712) to make the convey3 ance described in that section.

4 (d) ENVIRONMENTAL REMEDIATION AND EXPLO5 SIVES CLEANUP.—(1) Notwithstanding any other provi6 sion of law, the Secretary may enter into a multi-year co7 operative agreement or contract with the entity to under8 take environmental remediation and explosives cleanup of

9 the property, and may utilize amounts authorized to be

10 appropriated for the Secretary for purposes of environ11 mental remediation and explosives cleanup under the

12 agreement.

13 (2) The terms of the cooperative agreement or con14 tract may provide for advance payments on an annual

15 basis or for payments on a performance basis. Payments

16 may be made over a period of time agreed to by the Sec17 retary and the entity or for such time as may be necessary

18 to perform the environmental remediation and explosives

19 cleanup of the property, including any long-term operation

20 and maintenance requirements.

21 (e) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

22 Secretary may require the entity or other persons to cover

23 costs to be incurred by the Secretary, or to reimburse the

24 Secretary for costs incurred by the Secretary, to carry out

25 the conveyance under subsection (a), including survey
†

654

S 2400 PP

1 costs, costs related to environmental, and other adminis2 trative costs related to the conveyance.

3 (2) Amounts received under paragraph (1) shall be

4 credited to the appropriation, fund, or account from which

5 the costs were paid. Amounts so credited shall be merged

6 with funds in such appropriation, fund, or account, and

7 shall be available for the same purposes, and subject to

8 the same limitations, as the funds with which merged.

9 (f) DESCRIPTION OF PROPERTY.—The exact acreage

10 and legal description of the real property to be conveyed

11 under subsection (a) shall be determined by a survey joint12 ly satisfactory to the Secretary and the Administrator.

13 (g) ADDITIONAL TERMS AND CONDITIONS.—The

14 Secretary and the Administrator may require such addi15 tional terms and conditions in connection with the convey16 ance of real property under subsection (a), and the envi17 ronmental remediation and explosives cleanup under sub18 section (d), as the Secretary and the Administrator jointly

19 consider appropriate to protect the interests of the United

20 States.

21 SEC. 2834. LAND CONVEYANCE, NAVAL WEAPONS STATION,

22 CHARLESTON, SOUTH CAROLINA.

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of

24 the Navy may convey to the Berkeley County Sanitation

25 Authority, South Carolina (in this section referred to as
†

655

S 2400 PP

1 the ‘‘Authority’’), all right, title, and interest of the United

2 States in and to a parcel of real property, including any

3 improvements thereon, consisting of not more than 38

4 acres and comprising a portion of the Naval Weapons Sta5 tion, Charleston, South Carolina, for the purpose of allow6 ing the Authority to expand an existing sewage treatment

7 plant.

8 (b) CONSIDERATION.—As consideration for the con9 veyance of property under subsection (a), the Authority

10 shall provide the United States, whether by cash payment,

11 in-kind services, or a combination thereof, an amount that

12 is not less than the fair market value, as determined by

13 an appraisal acceptable to the Secretary, of the property

14 conveyed under such subsection.

15 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

16 Secretary may require the Authority to cover costs in17 curred by the Secretary, or to reimburse the Secretary for

18 costs incurred by the Secretary, to carry out the convey19 ance under subsection (a), including appraisal costs, sur20 vey costs, costs related to compliance with the National

21 Environmental Policy Act of 1969 (42 U.S.C. 4321 et

22 seq.) and environmental remediation, and other adminis23 trative costs related to the conveyance. If the amounts are

24 collected from the Authority in advance of the Secretary

25 incurring the actual costs, and the amount collected ex-
†

656

S 2400 PP

1 ceeds the costs actually incurred by the Secretary to carry

2 out the conveyance, the Secretary shall refund the excess

3 amount to the Authority.

4 (2) Amounts received as reimbursement under para5 graph (1) shall be credited to the fund or account that

6 was used to cover the costs incurred by the Secretary in

7 carrying out the conveyance. Amounts so credited shall be

8 merged with amounts in such fund or account, and shall

9 be made available for the same purposes, and subject to

10 the same conditions and limitations, as amounts in such

11 fund or account.

12 (d) DESCRIPTION OF PROPERTY.—The exact acreage

13 and legal description of the property to be conveyed under

14 subsection (a) shall be determined by a survey satisfactory

15 to the Secretary. The cost of the survey shall be borne

16 by the Authority.

17 (e) ADDITIONAL TERMS AND CONDITIONS.—The

18 Secretary may require such additional terms and condi19 tions in connection with the conveyance under subsection

20 (a) as the Secretary considers appropriate to protect the

21 interests of the United States.

22 SEC. 2835. LAND CONVEYANCE, LOUISIANA ARMY AMMUNI23 TION PLANT, DOYLINE, LOUISIANA.

24 (a) CONVEYANCE AUTHORIZED.—The Secretary of

25 the Army may convey to the State of Louisiana (in this
†

657

S 2400 PP

1 section referred to as the ‘‘State’’) all right, title, and in2 terest of the United States in and to a parcel of real prop3 erty, including any improvements thereon, consisting of

4 approximately 14,949 acres located at the Louisiana Army

5 Ammunition Plant, Doyline, Louisiana.

6 (b) CONSIDERATION.—As consideration for the con7 veyance of property under subsection (a), the State shall—

8 (1) maintain at least 13,500 acres of such prop9 erty for the purpose of military training, unless the

10 Secretary determines that fewer acres are required

11 for such purpose;

12 (2) ensure that any other uses that are made

13 of the property conveyed under subsection (a) do not

14 adversely impact military training;

15 (3) accommodate the use of such property, at

16 no cost or fee, for meeting the present and future

17 training needs of Armed Forces units, including

18 units of the Louisiana National Guard and the other

19 active and reserve components of the Armed Forces;

20 (4) assume, starting on the date that is five

21 years after the date of the conveyance of such prop22 erty, responsibility for any monitoring, sampling, or

23 reporting requirements that are associated with the

24 environmental restoration activities of the Army on

25 the Louisiana Army Ammunition Plant, and shall
†

658

S 2400 PP

1 bear such responsibility until such time as such

2 monitoring, sampling, or reporting is no longer re3 quired; and

4 (5) assume the rights and responsibilities of the

5 Army under the armaments retooling manufacturing

6 support agreement between the Army and the facil7 ity use contractor with respect to the Louisiana

8 Army Ammunition Plant in accordance with the

9 terms of such agreement in effect at the time of the

10 conveyance.

11 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

12 Secretary may require the State to cover costs to be in13 curred by the Secretary, or to reimburse the Secretary for

14 costs incurred by the Secretary, to carry out the convey15 ance under subsection (a), including survey costs, costs re16 lated to environmental documentation, and other adminis17 trative costs related to the conveyance. If amounts are col18 lected from the State in advance of the Secretary incurring

19 the actual costs, and the amount collected exceeds the

20 costs actually incurred by the Secretary to carry out the

21 conveyance, the Secretary shall refund the excess amount

22 to State.

23 (2) Amounts received as reimbursement under para24 graph (1) shall be credited to the fund or account that

25 was used to cover the costs incurred by the Secretary in
†

659

S 2400 PP

1 carrying out the conveyance. Amounts so credited shall be

2 merged with amounts in such fund or account, and shall

3 be available for the same purposes, and subject to the

4 same conditions and limitations, as amounts in such fund

5 or account.

6 (d) DESCRIPTION OF PROPERTY.—The exact acreage

7 and legal description of the real property to be conveyed

8 under subsection (a) shall be determined by surveys satis9 factory to the Secretary. The cost of each survey shall be

10 borne by the State.

11 (e) ADDITIONAL TERMS AND CONDITIONS.—The

12 Secretary may require such additional terms and condi13 tions in connection with the conveyance under subsection

14 (a) as the Secretary considers appropriate to protect the

15 interests of the United States.

16 SEC. 2836. MODIFICATION OF AUTHORITY FOR LAND CON17 VEYANCE, EQUIPMENT AND STORAGE YARD,

18 CHARLESTON, SOUTH CAROLINA.

19 Section 563(h) of the Water Resources Development

20 Act of 1999 (Public Law 106–53; 113 Stat. 360) is

21 amended to read as follows:

22 ‘‘(h) CHARLESTON, SOUTH CAROLINA.—

23 ‘‘(1) IN GENERAL.—The Secretary may convey

24 to the City of Charleston, South Carolina (in this

25 section referred to as the ‘City’), all right, title, and
†

660

S 2400 PP

1 interest of the United States in and to a parcel of

2 real property of the Corps of Engineers, together

3 with any improvements thereon, that is known as

4 the Equipment and Storage Yard and consists of ap5 proximately 1.06 acres located on Meeting Street in

6 Charleston, South Carolina, in as-is condition.

7 ‘‘(2) CONSIDERATION.—As consideration for

8 the conveyance of property under paragraph (1), the

9 City shall provide the United States, whether by

10 cash payment, in-kind contribution, or a combination

11 thereof, an amount that is not less than the fair

12 market value of the property conveyed, as deter13 mined by the Secretary.

14 ‘‘(3) USE OF PROCEEDS.—Amounts received as

15 consideration under this subsection may be used by

16 the Corps of Engineers, Charleston District, as fol17 lows:

18 ‘‘(A) Any amounts received as consider19 ation may be used to carry out activities under

20 this Act, notwithstanding any requirements as21 sociated with the Plant Replacement and Im22 provement Program (PRIP), including—

23 ‘‘(i) leasing, purchasing, or con24 structing an office facility within the
†

661

S 2400 PP

1 boundaries of Charleston, Berkeley, and

2 Dorchester Counties, South Carolina; and

3 ‘‘(ii) satisfying any PRIP balances.

4 ‘‘(B) Any amounts received as consider5 ation that are in excess of the fair market value

6 of the property conveyed under paragraph (1)

7 may be used for any authorized activities of the

8 Corps of Engineers, Charleston District.

9 ‘‘(4) DESCRIPTION OF PROPERTY.—The exact

10 acreage and legal description of the real property to

11 be conveyed under paragraph (1) and any property

12 transferred to the United States as consideration

13 under paragraph (2) shall be determined by surveys

14 satisfactory to the Secretary.

15 ‘‘(5) ADDITIONAL TERMS AND CONDITIONS.—

16 The Secretary may require such additional terms

17 and conditions in connection with the conveyance

18 under paragraph (1) as the Secretary considers ap19 propriate to protect the interests of the United

20 States.’’.
†

662

S 2400 PP

1 Subtitle D—Other Matters

2 SEC. 2841. DEPARTMENT OF DEFENSE FOLLOW-ON LAB3 ORATORY REVITALIZATION DEMONSTRATION

4 PROGRAM.

5 (a) FOLLOW-ON PROGRAM AUTHORIZED.—(1) The

6 Secretary of Defense may carry out a program (to be

7 known as the ‘‘Department of Defense Follow-On Labora8 tory Revitalization Demonstration Program’’) for the revi9 talization of Department of Defense laboratories. Under

10 the program, the Secretary may carry out minor military

11 construction projects in accordance with subsection (b)

12 and other applicable law to improve laboratories covered

13 by the program.

14 (2) The program under this section is the successor

15 program to the Department of Defense Laboratory Revi16 talization Demonstration Program carried out under sec17 tion 2892 of the Military Construction Authorization Act

18 for Fiscal Year 1996 (division B of Public Law 104–106;

19 10 U.S.C. 2805 note).

20 (b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO

21 MINOR CONSTRUCTION PROJECTS.—For purpose of any

22 military construction project carried out under the

23 program—

24 (1) the amount provided in the second sentence

25 of subsection (a)(1) of section 2805 of title 10,
†

663

S 2400 PP

1 United States Code, shall be deemed to be

2 $3,000,000;

3 (2) the amount provided in subsection (b)(1) of

4 such section shall be deemed to be $1,500,000; and

5 (3) the amount provided in subsection (c)(1)(B)

6 of such section shall be deemed to be $1,000,000.

7 (c) PROGRAM REQUIREMENTS.—(1) Not later than

8 30 days before commencing the program, the Secretary

9 shall—

10 (A) designate the Department laboratories at

11 which construction may be carried out under the

12 program; and

13 (B) establish procedures for the review and ap14 proval of requests from Department laboratories to

15 carry out such construction.

16 (2) The laboratories designated under paragraph

17 (1)(A) may not include Department laboratories that are

18 contractor owned.

19 (3) The Secretary shall notify Congress of the De20 partment laboratories designated under paragraph (1)(A).

21 (d) REPORT.—Not later than September 30, 2005,

22 the Secretary shall submit to the congressional defense

23 committees a report on the program under this section.

24 The report shall include—
†

664

S 2400 PP

1 (1) a list and description of the construction

2 projects carried out under the program, and of any

3 projects carried out under the program referred to

4 in subsection (a) during the period beginning on Oc5 tober 1, 2003, and ending on the date of the enact6 ment of this Act, including the location and costs of

7 each such project; and

8 (2) the assessment of the Secretary of the ad9 visability of extending or expanding the authority for

10 the program under this section.

11 (e) CONSTRUCTION OF AUTHORITY.—Nothing in this

12 section may be construed to limit any other authority pro13 vided by law for any military construction project at a De14 partment laboratory covered by the program.

15 (f) DEFINITIONS.—In this section:

16 (1) The term ‘‘laboratory’’ includes—

17 (A) a research, engineering, and develop18 ment center;

19 (B) a test and evaluation activity owned,

20 funded, and operated by the Federal Govern21 ment through the Department of Defense; and

22 (C) a supporting facility of a laboratory.

23 (2) The term ‘‘supporting facility’’, with respect

24 to a laboratory, means any building or structure
†

665

S 2400 PP

1 that is used in support of research, development,

2 test, and evaluation at the laboratory.

3 (g) EXPIRATION OF AUTHORITY.—The authority to

4 carry out a project under the program under this section

5 expires on September 30, 2006.

6 SEC. 2842. JURISDICTION AND UTILIZATION OF FORMER

7 PUBLIC DOMAIN LANDS, UMATILLA CHEM8 ICAL DEPOT, OREGON.

9 (a) JURISDICTION.—The various parcels of real prop10 erty consisting of approximately 8,300 acres and located

11 within the boundaries of Umatilla Chemical Depot, Or12 egon, that were previously withdrawn from the public do13 main are determined to be no longer suitable for return

14 to the public domain and are hereby transferred to the

15 administrative jurisdiction of the Secretary of the Army.

16 (b) UTILIZATION.—The Secretary shall combine the

17 real property transferred under subsection (a) with other

18 lands and lesser interests comprising the Umatilla Chem19 ical Depot for purposes of their management and disposal

20 pursuant to title II of the Defense Authorization Amend21 ments and Base Closure and Realignment Act of 1988

22 (Public Law 100–526; 10 U.S.C. 2687 note) and other

23 applicable law.
†

666

S 2400 PP

1 SEC. 2843. DEVELOPMENT OF HERITAGE CENTER FOR THE

2 NATIONAL MUSEUM OF THE UNITED STATES

3 ARMY.

4 (a) AUTHORITY TO ENTER INTO AGREEMENT.—(1)

5 The Secretary of the Army may enter into an agreement

6 with the Army Historical Foundation, a nonprofit organi7 zation, for the design, construction, and operation of a fa8 cility or group of facilities at Fort Belvoir, Virginia (in

9 this section referred to as the ‘‘center’’), for the National

10 Museum of the United States Army.

11 (2) The center shall be used for the identification,

12 curation, storage, and public viewing of artifacts and art13 work of significance to the United States Army, as agreed

14 to by the Secretary.

15 (3) The center may also be used to support such edu16 cation, training, research, and associated purposes as the

17 Secretary considers appropriate.

18 (b) DESIGN AND CONSTRUCTION.—(1) The design of

19 the center shall be subject to the approval of the Sec20 retary.

21 (2) For each phase of the development of the center,

22 the Secretary may—

23 (A) accept funds from the Army Historical

24 Foundation for the design and construction of such

25 phase of the center; or
†

667

S 2400 PP

1 (B) permit the Army Historical Foundation to

2 contract for the design and construction of such

3 phase of the center.

4 (c) ACCEPTANCE OF FACILITY.—(1) Upon satisfac5 tory completion, as determined by the Secretary, of any

6 phase of the center, and upon the satisfaction of any and

7 all financial obligations incident thereto by the Army His8 torical Foundation, the Secretary shall accept such phase

9 of the center from the Army Historical Foundation, and

10 all right, title, and interest in and to such phase of the

11 center shall vest in the United States.

12 (2) Upon becoming property of the United States, a

13 phase of the center accepted under paragraph (1) shall

14 be under the jurisdiction of the Secretary.

15 (d) USE OF CERTAIN GIFTS.—(1) Under regulations

16 prescribed by the Secretary, the Commander of the United

17 States Army Center of Military History may, without re18 gard to section 2601 of title 10, United States Code, ac19 cept, hold, administer, invest, and spend any gift, devise,

20 or bequest of personal property of a value of $250,000

21 or less made to the United States if such gift, devise, or

22 bequest is for the benefit of the National Museum of the

23 United States Army or the center.

24 (2) The Secretary may pay or authorize the payment

25 of any reasonable and necessary expense in connection
†

668

S 2400 PP

1 with the conveyance or transfer of a gift, devise, or be2 quest under this subsection.

3 (e) LEASE OF FACILITY.—(1) The Secretary may

4 lease, under such terms and conditions as the Secretary

5 considers appropriate for the agreement authorized by

6 subsection (a), portions of the center developed under that

7 subsection to the Army Historical Foundation for use by

8 the public, commercial and nonprofit entities, State and

9 local governments, and other departments and agencies of

10 the Federal Government for use in generating revenue for

11 activities of the center and for such administrative pur12 poses as may be necessary for the support of the center.

13 (2) The amount of consideration paid to the Sec14 retary by the Army Historical Foundation for a lease

15 under paragraph (1) may not exceed an amount equal to

16 the actual cost, as determined by the Secretary, of the op17 erations and maintenance of the center.

18 (3) Notwithstanding any other provision of law, the

19 Secretary shall use amounts paid under paragraph (2) to

20 cover the costs of operation of the center.

21 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec22 retary may require such additional terms and conditions

23 in connection with the agreement authorized by subsection

24 (a) as the Secretary considers appropriate to protect the

25 interests of the United States.
†

669

S 2400 PP

1 SEC. 2844. AUTHORITY TO SETTLE CLAIM OF OAKLAND

2 BASE REUSE AUTHORITY AND REDEVELOP3 MENT AGENCY OF THE CITY OF OAKLAND,

4 CALIFORNIA.

5 (a) AUTHORITY.—The Secretary of the Navy may

6 pay funds as agreed to by both parties, in the amount

7 of $2,100,000, to the Oakland Base Reuse Authority and

8 Redevelopment Agency of the City of Oakland, California,

9 in settlement of Oakland Base Reuse Authority and Rede10 velopment Agency of the City of Oakland v. the United

11 States, Case No. C02–4652 MHP, United States District

12 Court, Northern District of California, including any ap13 peal.

14 (b) CONSIDERATION.—As consideration, the Oakland

15 Base Reuse Authority and Redevelopment Agency shall

16 agree that the payment constitutes a final settlement of

17 all claims against the United States related to said case

18 and give to the Secretary a release of all claims to the

19 eighteen officer housing units located at the former Naval

20 Medical Center Oakland, California. The release shall be

21 in a form that is satisfactory to the Secretary.

22 (c) SOURCE OF FUNDS.—The Secretary may use

23 funds in the Department of Defense Base Closure Account

24 1990 established pursuant to section 2906 of the Defense

25 Base Closure and Realignment Act of 1990 (part A of title

26 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) for
†

670

S 2400 PP

1 the payment authorized by subsection (a) or the proceeds

2 of sale from the eighteen housing units and property de3 scribed in subsection (b).

4 SEC. 2845. COMPTROLLER GENERAL REPORT ON CLOSURE

5 OF DEPARTMENT OF DEFENSE DEPENDENT

6 ELEMENTARY AND SECONDARY SCHOOLS

7 AND COMMISSARY STORES.

8 (a) COMPTROLLER GENERAL REPORT.—Not later

9 than 180 days after the date of the enactment of this Act,

10 the Comptroller General of the United States shall submit

11 to the appropriate committees of Congress a report that

12 includes the following:

13 (1) With respect to Department of Defense de14 pendent elementary and secondary schools—

15 (A) an assessment by the Comptroller Gen16 eral of the policy of the Department of Defense,

17 and the criteria utilized by the Department, re18 garding the closure of schools, including wheth19 er or not such policy and criteria are consistent

20 with Department policies and procedures on the

21 preservation of the quality of life of members of

22 the Armed Forces; and

23 (B) an assessment by the Comptroller

24 General of any current or on-going studies or
†

671

S 2400 PP

1 assessments of the Department with respect to

2 any of the schools.

3 (2) With respect to commissary stores—

4 (A) an assessment by the Comptroller Gen5 eral of the policy of the Department of Defense,

6 and the criteria utilized by the Department, re7 garding the closure of commissary stores, in8 cluding whether or not such policy and criteria

9 are consistent with Department policies and

10 procedures on the preservation of the quality of

11 life of members of the Armed Forces; and

12 (B) an assessment by the Comptroller

13 General of any current or on-going studies or

14 assessments of the Department with respect to

15 any of the commissary stores.

16 (b) APPROPRIATE COMMITTEES OF CONGRESS DE17 FINED.—In this section, the term ‘‘appropriate commit18 tees of Congress’’ means—

19 (1) the Committee on Armed Services of the

20 Senate; and

21 (2) the Committee on Armed Services of the

22 House of Representatives.
†

672

S 2400 PP

1 TITLE XXIX—MARITIME

2 ADMINISTRATION

3 SEC. 2901. MODIFICATION OF PRIORITY AFFORDED APPLI4 CATIONS FOR NATIONAL DEFENSE TANK VES5 SEL CONSTRUCTION ASSISTANCE.

6 Section 3542(d) of the Maritime Security Act of 2003

7 (title XXXV of Public Law 108–136; 117 Stat. 1821; 46

8 U.S.C. 53101 note) is amended—

9 (1) in paragraph (1), by striking ‘‘and’’ at the

10 end;

11 (2) by redesignating paragraph (2) as para12 graph (3); and

13 (3) by inserting after paragraph (1) the fol14 lowing new paragraph (2):

15 ‘‘(2) shall give priority consideration to a pro16 posal submitted by an applicant who has been ac17 cepted for participation in the Shipboard Technology

18 Evaluation Program as outlined in Navigation and

19 Vessel Inspection Circular 01–04, issued by the

20 Commandant of the United States Coast Guard on

21 January 2, 2004; and’’.
†

673

S 2400 PP

1 DIVISION C—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 AUTHORIZATIONS AND

4 OTHER AUTHORIZATIONS

5 TITLE XXXI—DEPARTMENT OF

6 ENERGY NATIONAL SECURITY

7 PROGRAMS

8 Subtitle A—National Security

9 Programs Authorizations

10 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION.

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

13 are hereby authorized to be appropriated to the Depart14 ment of Energy for fiscal year 2005 for the activities of

15 the National Nuclear Security Administration in carrying

16 out programs necessary for national security in the

17 amount of $9,165,145,000, to be allocated as follows:

18 (1) For weapons activities, $6,674,898,000.

19 (2) For defense nuclear nonproliferation activi20 ties, $1,348,647,000.

21 (3) For naval reactors, $797,900,000.

22 (4) For the Office of the Administrator for Nu23 clear Security, $343,700,000.

24 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

25 From funds referred to in subsection (a) that are available
†

674

S 2400 PP

1 for carrying out plant projects, the Secretary of Energy

2 may carry out new plant projects for weapons activities,

3 as follows:

4 (1) For readiness in technical base and facili5 ties:

6 Project 05–D–140, Readiness in Technical

7 Base and Facilities Program (RTBF), project

8 engineering and design (PED), various loca9 tions, $11,600,000.

10 Project 05–D–401, Building 12–64 pro11 duction bays upgrade, Pantex Plant, Amarillo,

12 Texas, $25,000,000.

13 Project 05–D–402, Beryllium Capability

14 (BeC) Project, Y–12 National Security Com15 plex, Oak Ridge, Tennessee, $3,627,000.

16 (2) For facilities and infrastructure recapital17 ization:

18 Project 05–D–160, Facilities and Infra19 structure Recapitalization Program (FIRP),

20 project engineering and design (PED), various

21 locations, $8,700,000.

22 Project 05–D–601, compressed air up23 grades, Y–12 National Security Complex, Oak

24 Ridge, Tennessee, $4,400,000.
†

675

S 2400 PP

1 Project 05–D–602, power grid infrastruc2 ture upgrade (PGIU), Los Alamos National

3 Laboratory, Los Alamos, New Mexico,

4 $10,000,000.

5 Project 05–D–603, new master substation,

6 technical areas I and IV, Sandia National Lab7 oratories, Albuquerque, New Mexico, $600,000.

8 (3) For safeguards and security:

9 Project 05–D–170, safeguards and secu10 rity, project engineering and design (PED),

11 various locations, $17,000,000.

12 Project 05–D–701, security perimeter, Los

13 Alamos National Laboratory, Los Alamos, New

14 Mexico, $20,000,000.

15 (4) For naval reactors:

16 Project 05–N–900, materials development

17 facility building, Schenectady, New York,

18 $6,200,000.

19 SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

21 are hereby authorized to be appropriated to the Depart22 ment of Energy for fiscal year 2005 for environmental

23 management activities in carrying out programs necessary

24 for national security in the amount of $6,954,402,000, to

25 be allocated as follows:
†

676

S 2400 PP

1 (1) For defense site acceleration completion,

2 $5,971,932,000.

3 (2) For defense environmental services,

4 $982,470,000.

5 (b) AUTHORIZATION OF NEW PLANT PROJECT.—

6 From funds referred to in subsection (a)(2) that are avail7 able for carrying out plant projects, the Secretary of En8 ergy may carry out, for environmental management activi9 ties, the following new plant project:

10 Project 05–D–405, salt waste processing facil11 ity, Savannah River Site, Aiken, South Carolina,

12 $52,000,000.

13 SEC. 3103. OTHER DEFENSE ACTIVITIES.

14 Funds are hereby authorized to be appropriated to

15 the Department of Energy for fiscal year 2005 for other

16 defense activities in carrying out programs necessary for

17 national security in the amount of $568,096,000.

18 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

19 Funds are hereby authorized to be appropriated to

20 the Department of Energy for fiscal year 2005 for defense

21 nuclear waste disposal for payment to the Nuclear Waste

22 Fund established in section 302(c) of the Nuclear Waste

23 Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount

24 of $108,000,000.
†

677

S 2400 PP

1 Subtitle B—Program Authoriza2 tions, Restrictions, and Limita3 tions

4 SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR

5 MODERN PIT FACILITY.

6 (a) LIMITATION.—Of the amount authorized to be

7 appropriated by section 3101(a)(1) for the National Nu8 clear Security Administration for weapons activities and

9 available for the Modern Pit Facility, not more than 50

10 percent of such amount may be obligated or expended

11 until 30 days after the latter of the following:

12 (1) The date of the submittal of the revised nu13 clear weapons stockpile plan specified in the joint ex14 planatory statement to accompany the report of the

15 Committee on Conference on the bill H.R. 2754 of

16 the 108th Congress.

17 (2) The date on which the Administrator for

18 Nuclear Security submits to the congressional de19 fense committees a report setting forth the validated

20 pit production requirements for the Modern Pit Fa21 cility.

22 (b) VALIDATED PIT PRODUCTION REQUIREMENTS.—

23 (1) The validated pit production requirements in the re24 port under subsection (a)(2) shall be established by the
†

678

S 2400 PP

1 Administrator in conjunction with the Chairman of the

2 Nuclear Weapons Council.

3 (2) The validated pit production requirements shall—

4 (A) include specifications regarding the number

5 of pits that will be required to be produced in order

6 to support the weapons that will be retained in the

7 nuclear weapons stockpile, set forth by weapon type

8 and by year; and

9 (B) take into account any surge capacity that

10 may be included in the annual pit production capa11 bility.

12 (c) FORM OF REPORT.—The report described in sub13 section (a)(2) shall be submitted in unclassified form, but

14 may include a classified annex.

15 SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR

16 ADVANCED NUCLEAR WEAPONS CONCEPTS

17 INITIATIVE.

18 (a) LIMITATION.—None of the funds authorized to

19 be appropriated by this title may be obligated or expended

20 for purposes of additional or exploratory studies under the

21 Advanced Nuclear Weapons Concepts Initiative until 30

22 days after the date on which the Administrator for Nu23 clear Security submits to the congressional defense com24 mittees a detailed report on the activities for such studies

25 under the Initiative that are planned for fiscal year 2005.
†

679

S 2400 PP

1 (b) FORM OF REPORT.—The report under subsection

2 (a) shall be submitted in unclassified form, but may in3 clude a classified annex.

4 SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW

5 PROJECTS UNDER FACILITIES AND INFRA6 STRUCTURE RECAPITALIZATION PROGRAM

7 AFTER PROJECT SELECTION DEADLINE.

8 (a) LIMITED AUTHORITY TO CARRY OUT NEW

9 PROJECTS.—Section 3114(a) of the National Defense Au10 thorization Act for Fiscal Year 2004 (Public Law 108–

11 136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amended—

12 (1) in the subsection caption, by striking

13 ‘‘DEADLINE FOR’’;

14 (2) in paragraph (2), by striking ‘‘No project’’

15 and inserting ‘‘Except as provided in paragraph (3),

16 no project’’; and

17 (3) by adding at the end the following new

18 paragraph:

19 ‘‘(3)(A) Subject to the provisions of this paragraph,

20 a project described in subparagraph (B) may be carried

21 out under the Facilities and Infrastructure Recapitaliza22 tion Program after December 31, 2004, if the Adminis23 trator approves the project. The Administrator may not

24 delegate the authority to approve projects under the pre25 ceding sentence.
†

680

S 2400 PP

1 ‘‘(B) A project described in this subparagraph is a

2 project that consists of a specific building, facility, or

3 other improvement (including fences, roads, or similar im4 provements).

5 ‘‘(C) Funds may not be obligated or expended for a

6 project under this paragraph until 60 days after the date

7 on which the Administrator submits to the congressional

8 defense committees a notice on the project, including a

9 description of the project and the nature of the project,

10 a statement explaining why the project was not included

11 in the Facilities and Infrastructure Recapitalization Pro12 gram under paragraph (1), and a statement explaining

13 why the project was not included in any other program

14 under the jurisdiction of the Administrator.

15 ‘‘(D) The total number of projects that may be car16 ried out under this paragraph in any fiscal year may not

17 exceed five projects.

18 ‘‘(E) The Administrator may not utilize the authority

19 in this paragraph until 60 days after the later of—

20 ‘‘(i) the date of the submittal to the congres21 sional defense committees of a list of the projects se22 lected for inclusion in the Facilities and Infrastruc23 ture Recapitalization Program under paragraph (1);

24 or
†

681

S 2400 PP

1 ‘‘(ii) the date of the submittal to the congres2 sional defense committees of the report required by

3 subsection (c).

4 ‘‘(F) A project may not be carried out under this

5 paragraph unless the project will be completed by Sep6 tember 30, 2011.’’.

7 (b) CONSTRUCTION OF AUTHORITY.—The amend8 ments made by subsection (a) may not be construed to

9 authorize any delay in either of the following:

10 (1) The selection of projects for inclusion in the

11 Facilities and Infrastructure Recapitalization Pro12 gram under subsection (a) of section 3114 of the

13 National Defense Authorization Act for Fiscal Year

14 2004.

15 (2) The submittal of the report required by sub16 section (c) of such section.

17 SEC. 3114. MODIFICATION OF MILESTONE AND REPORT RE18 QUIREMENTS FOR NATIONAL IGNITION FA19 CILITY.

20 (a) NOTIFICATION ON MILESTONES TO ACHIEVE IG21 NITION.—Subsection (a) of section 3137 of the National

22 Defense Authorization Act for Fiscal Year 2002 (Public

23 Law 107–107; 115 Stat. 1369) is amended by striking

24 ‘‘each Level I milestone and Level II milestone for the Na25 tional Ignition Facility.’’ and inserting the following:
†

682

S 2400 PP

1 ‘‘each milestone for the National Ignition Facility as fol2 lows:

3 ‘‘(1) Each Level I milestone.

4 ‘‘(2) Each Level II milestone.

5 ‘‘(3) Each milestone to achieve ignition.’’.

6 (b) REPORT ON FAILURE OF TIMELY ACHIEVEMENT

7 OF MILESTONES.—Subsection (b) of such section is

8 amended by striking ‘‘a Level I milestone or Level II mile9 stone for the National Ignition Facility’’ and inserting ‘‘a

10 milestone for the National Ignition Facility referred to in

11 subsection (a)’’.

12 (c) MILESTONES TO ACHIEVE IGNITION.—Sub13 section (c) of such section is amended to read as follows:

14 ‘‘(c) MILESTONES.—For purposes of this section:

15 ‘‘(1) The Level I and Level II milestones for

16 the National Ignition Facility are as established in

17 the August 2000 revised National Ignition Facility

18 baseline document.

19 ‘‘(2) The milestones of the National Ignition

20 Facility to achieve ignition are such milestones

21 (other than the milestones referred to in paragraph

22 (1)) as the Administrator shall establish on any ac23 tivities at the National Ignition Facility that are re24 quired to enable the National Ignition Facility to
†

683

S 2400 PP

1 achieve ignition and be a fully functioning user facil2 ity by December 31, 2011.’’.

3 (d) SUBMITTAL TO CONGRESS OF MILESTONES TO

4 ACHIEVE IGNITION.—Not later than January 31, 2005,

5 the Administrator for Nuclear Security shall submit to the

6 congressional defense committees a report setting forth

7 the milestones of the National Ignition Facility to achieve

8 ignition as established by the Administration under sub9 section (c)(2) of section 3137 of the National Defense Au10 thorization Act for Fiscal Year 2002, as amended by sub11 section (c) of this section. The report shall include—

12 (1) a description of each milestone established;

13 and

14 (2) a proposal for the funding to be required to

15 meet each such milestone.

16 (e) EXTENSION OF SUNSET.—Subsection (d) of sec17 tion 3137 of such Act is amended by striking ‘‘September

18 30, 2004’’ and inserting ‘‘December 31, 2011’’.

19 SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL

20 PLAN FOR STEWARDSHIP, MANAGEMENT,

21 AND CERTIFICATION OF WARHEADS IN THE

22 NUCLEAR WEAPONS STOCKPILE.

23 Section 4203(c) of the Atomic Energy Defense Act

24 (50 U.S.C. 2523(c)) is amended is amended by striking
†

684

S 2400 PP

1 ‘‘March 15 of each year thereafter’’ and inserting ‘‘May

2 1 of each year thereafter’’.

3 SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, with respect to material stored at a Depart6 ment of Energy site at which activities are regulated by

7 the State pursuant to approved closure plans or permits

8 issued by the State, high-level radioactive waste does not

9 include radioactive material resulting from the reprocess10 ing of spent nuclear fuel that the Secretary of Energy

11 determines—

12 (1) does not require permanent isolation in a

13 deep geologic repository for spent fuel or highly ra14 dioactive waste pursuant to criteria promulgated by

15 the Department of Energy by rule approved by the

16 Nuclear Regulatory Commission;

17 (2) has had highly radioactive radionuclides re18 moved to the maximum extent practical in accord19 ance with the Nuclear Regulatory Commission-ap20 proved criteria; and

21 (3) in the case of material derived from the

22 storage tanks, is disposed of in a facility (including

23 a tank) within the State pursuant to a State-ap24 proved closure plan or a State-issued permit, author-
†

685

S 2400 PP

1 ity for the approval or issuance of which is conferred

2 on the State outside of this Act.

3 (b) INAPPLICABILITY TO CERTAIN MATERIALS.—

4 Subsection (a) shall not apply to any material otherwise

5 covered by that subsection that is transported from the

6 State.

7 (c) SCOPE OF AUTHORITY TO CARRY OUT AC8 TIONS.—The Department of Energy may implement any

9 action authorized—

10 (1) by a State-approved closure plan or State11 issued permit in existence on the date of enactment

12 of this section; or

13 (2) by a closure plan approved by the State or

14 a permit issued by the State during the pendency of

15 the rulemaking provided for in subsection (a).

16 Any such action may be completed pursuant to the terms

17 of the closure plan or the State-issued permit notwith18 standing the final criteria adopted by the rulemaking pur19 suant to subsection (a).

20 (d) STATE DEFINED.—In this section, the term

21 ‘‘State’’ means the State of South Carolina.

22 (e) CONSTRUCTION.—(1) Nothing in this section

23 shall affect, alter, or modify the full implementation of—

24 (A) the settlement agreement entered into by

25 the United States with the State of Idaho in the ac-
†

686

S 2400 PP

1 tions captioned Public Service Co. of Colorado v.

2 Batt, Civil No. 91–0035–S–EJL, and United States

3 v. Batt, Civil No. 91–0054–S–EJL, in the United

4 States District Court for the District of Idaho, and

5 the consent order of the United States District

6 Court for the District of Idaho, dated October 17,

7 1995, that effectuates the settlement agreement;

8 (B) the Idaho National Engineering Laboratory

9 Federal Facility Agreement and Consent Order; or

10 (C) the Hanford Federal Facility Agreement

11 and Consent Order.

12 (2) Nothing in this section establishes any precedent

13 or is binding on the State of Idaho, the State of Wash14 ington, the State of Oregon, or any other State for the

15 management, storage, treatment, and disposition of radio16 active and hazardous materials.

17 SEC. 3117. NATIONAL ACADEMY OF SCIENCES STUDY.

18 (a) REVIEW BY NATIONAL RESEARCH COUNCIL.—

19 Not later than 30 days after the date of the enactment

20 of this Act, the Secretary of Energy shall enter into a con21 tract with the National Research Council of the National

22 Academies to conduct a study of the necessary tech23 nologies and research gaps in the Department of Energy’s

24 program to remove high-level radioactive waste from the
†

687

S 2400 PP

1 storage tanks at the Department’s sites in South Carolina,

2 Washington and Idaho.

3 (b) MATTERS TO BE ADDRESSED IN STUDY.—The

4 study shall address the following:

5 (1) the quantities and characteristics of waste

6 in each high-level waste storage tank described in

7 paragraph (a), including data uncertainties;

8 (2) the technologies by which high-level radio9 active waste is currently being removed from the

10 tanks for final disposal under the Nuclear Waste

11 Policy Act;

12 (3) technologies currently available but not in

13 use in removing high-level radioactive waste from

14 the tanks;

15 (4) any technology gaps that exist to effect the

16 removal of high-level radioactive waste from the

17 tanks;

18 (5) other matters that in the judgement of the

19 National Research Council directly relate to the

20 focus of this study.

21 (c) TIME LIMITATION.—The National Research

22 Council shall conduct the review over a one year period

23 beginning upon execution of the contract described in sub24 section (a).
†

688

S 2400 PP

1 (d) REPORTS.—(1) The National Research Council

2 shall submit its findings, conclusions and recommenda3 tions to the Secretary of Energy and to the relevant Com4 mittees of jurisdiction of the United States Senate and

5 House of Representatives.

6 (2) The final report shall be submitted in un7 classified form with classified annexes as necessary.

8 (e) PROVISION OF INFORMATION.—The Secretary of

9 Energy shall make available to the National Research

10 Council all of the information necessary to complete its

11 report in a timely manner.

12 (f) EXPEDITED PROCESSING OF SECURITY CLEAR13 ANCES.—For purposes of facilitating the commencement

14 of the study under this section, the Secretary of Energy

15 shall expedite to the fullest degree possible the processing

16 of security clearances that are necessary for the National

17 Research Council to conduct the study.

18 (g) FUNDING.—Of the amount authorized to be ap19 propriated in section 3102(a)(1) for environmental man20 agement for defense site acceleration completion,

21 $750,000 shall be available for the study authorized under

22 this section.
†

689

S 2400 PP

1 SEC. 3118. ANNUAL REPORT ON EXPENDITURES FOR SAFE2 GUARDS AND SECURITY.

3 (a) ANNUAL REPORT REQUIRED.—Subtitle C of title

4 XLVII of the Atomic Energy Defense Act (50 U.S.C.

5 2771 et seq.) is amended by adding at the end the fol6 lowing new section:

7 ‘‘SEC. 4732. ANNUAL REPORT ON EXPENDITURES FOR SAFE8 GUARDS AND SECURITY.

9 ‘‘The Secretary of Energy shall submit to Congress

10 each year, in the budget justification materials submitted

11 to Congress in support of the budget of the President for

12 the fiscal year beginning in such year (as submitted under

13 section 1105(a) of title 31, United States Code), the fol14 lowing:

15 ‘‘(1) A detailed description and accounting of

16 the proposed obligations and expenditures by the

17 Department of Energy for safeguards and security

18 in carrying out programs necessary for the national

19 security for the fiscal year covered by such budget,

20 including any technologies on safeguards and secu21 rity proposed to be deployed or implemented during

22 such fiscal year.

23 ‘‘(2) With respect to the fiscal year ending in

24 the year before the year in which such budget is sub25 mitted, a detailed description and accounting of—
†

690

S 2400 PP

1 ‘‘(A) the policy on safeguards and security,

2 including any modifications in such policy

3 adopted or implemented during such fiscal year;

4 ‘‘(B) any initiatives on safeguards and se5 curity in effect or implemented during such fis6 cal year;

7 ‘‘(C) the amount obligated and expended

8 for safeguards and security during such fiscal

9 year, set forth by total amount, by amount per

10 program, and by amount per facility; and

11 ‘‘(D) the technologies on safeguards and

12 security deployed or implemented during such

13 fiscal year.’’.

14 (b) CLERICAL AMENDMENT.—The table of contents

15 for that Act is amended by inserting after the item relat16 ing to section 4731 the following new item:

‘‘Sec. 4732. Annual report on expenditures for safeguards and security.’’.

17 SEC. 3119. AUTHORITY TO CONSOLIDATE COUNTERINTEL18 LIGENCE OFFICES OF DEPARTMENT OF EN19 ERGY AND NATIONAL NUCLEAR SECURITY

20 ADMINISTRATION WITHIN NATIONAL NU21 CLEAR SECURITY ADMINISTRATION.

22 (a) AUTHORITY.—The Secretary of Energy may con23 solidate the counterintelligence programs and functions re24 ferred to in subsection (b) within the Office of Defense

25 Nuclear Counterintelligence of the National Nuclear Secu-
†

691

S 2400 PP

1 rity Administration and provide for their discharge by that

2 Office.

3 (b) COVERED PROGRAMS AND FUNCTIONS.—The

4 programs and functions referred to in this subsection are

5 as follows:

6 (1) The functions and programs of the Office of

7 Counterintelligence of the Department of Energy

8 under section 215 of the Department of Energy Or9 ganization Act (42 U.S.C. 7144b).

10 (2) The functions and programs of the Office of

11 Defense Nuclear Counterintelligence of the National

12 Nuclear Security Administration under section 3232

13 of the National Nuclear Security Administration Act

14 (50 U.S.C. 2422), including the counterintelligence

15 programs under section 3233 of that Act (50 U.S.C.

16 2423).

17 (c) ESTABLISHMENT OF POLICY.—The Secretary

18 shall have the responsibility to establish policy for the dis19 charge of the counterintelligence programs and functions

20 consolidated within the National Nuclear Security Admin21 istration under subsection (a) as provided for under sec22 tion 213 of the Department of Energy Organization Act

23 (42 U.S.C. 7144).

24 (d) PRESERVATION OF COUNTERINTELLIGENCE CA25 PABILITY.—In consolidating counterintelligence programs
†

692

S 2400 PP

1 and functions within the National Nuclear Security Ad2 ministration under subsection (a), the Secretary shall en3 sure that the counterintelligence capabilities of the De4 partment of Energy and the National Nuclear Security

5 Administration are in no way degraded or compromised.

6 (e) REPORT ON EXERCISE OF AUTHORITY.—In the

7 event the Secretary exercises the authority in subsection

8 (a), the Secretary shall submit to the congressional de9 fense committees a report on the exercise of the authority.

10 The report shall include—

11 (1) a description of the manner in which the

12 counterintelligence programs and functions referred

13 to in subsection (b) shall be consolidated within the

14 Office of Defense Nuclear Counterintelligence of the

15 National Nuclear Security Administration and dis16 charged by that Office;

17 (2) a notice of the date on which that Office

18 shall commence the discharge of such programs and

19 functions, as so consolidated; and

20 (3) a proposal for such legislative action as the

21 Secretary considers appropriate to effectuate the dis22 charge of such programs and functions, as so con23 solidated, by that Office.

24 (f) DEADLINE FOR EXERCISE OF AUTHORITY.—The

25 authority in subsection (a) may be exercised, if at all, not
†

693

S 2400 PP

1 later than one year after the date of the enactment of this

2 Act.

3 SEC. 3120. TREATMENT OF WASTE MATERIAL.

4 (a) AVAILABILITY OF FUNDS FOR TREATMENT.—Of

5 the amount authorized to be appropriated by section

6 3102(a)(1) for environmental management for defense site

7 acceleration completion, $350,000,000 shall be available

8 for the following purposes at the sites referred to in sub9 section (b):

10 (1) The safe management of tanks or tank

11 farms used to store waste from reprocessing activi12 ties.

13 (2) The on-site treatment and storage of wastes

14 from reprocessing activities and related waste.

15 (3) The consolidation of tank waste.

16 (4) The emptying and cleaning of storage

17 tanks.

18 (5) Actions under section 3116.

19 (b) SITES.—The sites referred to in this subsection

20 are as follows:

21 (1) The Idaho National Engineering and Envi22 ronmental Laboratory, Idaho.

23 (2) The Savannah River Site, Aiken, South

24 Carolina.

25 (3) The Hanford Site, Richland, Washington.
†

694

S 2400 PP

1 (c) EFFECTIVE DATE.—This section shall become ef2 fective 1 day after enactment.

3 SEC. 3121. LOCAL STAKEHOLDER ORGANIZATIONS FOR DE4 PARTMENT OF ENERGY ENVIRONMENTAL

5 MANAGEMENT 2006 CLOSURE SITES.

6 (a) ESTABLISHMENT.—(1) The Secretary of Energy

7 shall establish for each Department of Energy Environ8 mental Management 2006 closure site a local stakeholder

9 organization having the responsibilities set forth in sub10 section (c).

11 (2) The local stakeholder organization shall be estab12 lished in consultation with interested elected officials of

13 local governments in the vicinity of the closure site con14 cerned.

15 (b) COMPOSITION.—A local stakeholder organization

16 for a Department of Energy Environmental Management

17 2006 closure site under subsection (a) shall be composed

18 of such elected officials of local governments in the vicinity

19 of the closure site concerned as the Secretary considers

20 appropriate to carry out the responsibilities set forth in

21 subsection (c) who agree to serve on the organization, or

22 the designees of such officials.

23 (c) RESPONSIBILITIES.—A local stakeholder organi24 zation for a Department of Energy Environmental Man25 agement 2006 closure site under subsection (a) shall—
†

695

S 2400 PP

1 (1) solicit and encourage public participation in

2 appropriate activities relating to the closure and

3 post-closure operations of the site;

4 (2) disseminate information on the closure and

5 post-closure operations of the site to the State gov6 ernment of the State in which the site is located,

7 local and Tribal governments in the vicinity of the

8 site, and persons and entities having a stake in the

9 closure or post-closure operations of the site;

10 (3) transmit to appropriate officers and employ11 ees of the Department of Energy questions and con12 cerns of governments, persons, and entities referred

13 to paragraph (2) on the closure and post-closure op14 erations of the site; and

15 (4) perform such other duties as the Secretary

16 and the local stakeholder organization jointly deter17 mine appropriate to assist the Secretary in meeting

18 post-closure obligations of the Department at the

19 site.

20 (d) DEADLINE FOR ESTABLISHMENT.—The local

21 stakeholder organization for a Department of Energy En22 vironmental Management 2006 closure site shall be estab23 lished not later than six months before the closure of the

24 site.
†

696

S 2400 PP

1 (e) INAPPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT.—The Federal Advisory Committee Act (5

3 U.S.C. App.) shall not apply to local stakeholder organiza4 tions under this section.

5 (f) DEPARTMENT OF ENERGY ENVIRONMENTAL

6 MANAGEMENT 2006 CLOSURE SITE DEFINED.—In this

7 section, the term ‘‘Department of Energy Environmental

8 Management 2006 closure site’’ means each clean up site

9 of the Department of Energy scheduled by the Depart10 ment as of January 1, 2004, for closure in 2006.

11 SEC. 3122. REPORT ON MAINTENANCE OF RETIREMENT

12 BENEFITS FOR CERTAIN WORKERS AT 2006

13 CLOSURE SITES AFTER CLOSURE OF SITES.

14 (a) REPORT REQUIRED.—Not later than 60 days

15 after the date of the enactment of this Act, the Assistant

16 Secretary of Energy for Environmental Management shall

17 submit to the Secretary of Energy a report on the mainte18 nance of retirements benefits for workers at Department

19 of Energy 2006 closure sites after the closure of such

20 sites.

21 (b) ELEMENTS.—The report under subsection (a)

22 shall include the following:

23 (1) The number of workers at Department of

24 Energy 2006 closure sites that could lose retirement
†

697

S 2400 PP

1 benefits as a result of the early closure of such a

2 site.

3 (2) The impact on collective bargaining agree4 ments with workers at Department of Energy 2006

5 closure sites of the loss of their retirement benefits

6 as described in paragraph (1).

7 (3) The cost of providing retirement benefits,

8 after the closure of Department of Energy 2006 clo9 sure sites, to workers at such sites who would other10 wise lose their benefits as described in paragraph (1)

11 after the closure of such sites.

12 (c) TRANSMITTAL TO CONGRESS.—Not later than 30

13 days after receiving the report under subsection (a), the

14 Secretary shall transmit the report to Congress, together

15 with such recommendations, including recommendations

16 for legislative action, as the Secretary considers appro17 priate.

18 (d) DEFINITIONS.—In this section:

19 (1) The term ‘‘Department of Energy 2006 clo20 sure site’’ means the following:

21 (A) The Rocky Flats Environmental Tech22 nology Site, Colorado.

23 (B) The Fernald Plant, Ohio.

24 (C) The Mound Plant, Ohio.
†

698

S 2400 PP

1 (2) The term ‘‘worker’’ means any employee

2 who is employed by contract to perform cleanup, se3 curity, or administrative duties or responsibilities at

4 a Department of Energy 2006 closure site.

5 (3) The term ‘‘retirement benefits’’ means

6 health, pension, and any other retirement benefits.

7 SEC. 3123. REPORT ON EFFORTS OF NATIONAL NUCLEAR

8 SECURITY ADMINISTRATION TO UNDER9 STAND PLUTONIUM AGING.

10 (a) STUDY.—(1) The Administrator for Nuclear Se11 curity shall enter into a contract with a Federally Funded

12 Research and Development Center (FFRDC) providing

13 for a study to assess the efforts of the National Nuclear

14 Security Administration to understand the aging of pluto15 nium in nuclear weapons.

16 (2) The Administrator shall make available to the

17 FFRDC contractor under this subsection all information

18 that is necessary for the contractor to successfully com19 plete a meaningful study on a timely basis.

20 (b) REPORT REQUIRED.—(1) Not later than two

21 years after the date of the enactment of this Act, the Ad22 ministrator shall submit to Congress a report on the find23 ings of the study on the efforts of the Administration to

24 understand the aging of plutonium in nuclear weapons.
†

699

S 2400 PP

1 (2) The report shall include the recommendations of

2 the study for improving the knowledge, understanding,

3 and application of the fundamental and applied sciences

4 related to the study of plutonium aging.

5 (3) The report shall be submitted in unclassified

6 form, but may include a classified annex.

7 Subtitle C—Proliferation Matters

8 SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTER9 NATIONAL NUCLEAR MATERIALS PROTEC10 TION AND COOPERATION PROGRAM FUNDS

11 OUTSIDE THE FORMER SOVIET UNION.

12 (a) APPLICABILITY OF AUTHORITY LIMITED TO

13 PROJECTS NOT PREVIOUSLY AUTHORIZED.—Subsection

14 (a) of section 3124 of the National Defense Authorization

15 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.

16 1747) is amended by inserting ‘‘that has not previously

17 been authorized by Congress’’ after ‘‘states of the former

18 Soviet Union’’.

19 (b) REPEAL OF LIMITATION ON TOTAL AMOUNT OF

20 OBLIGATION.—Such section is further amended—

21 (1) by striking subsection (c); and

22 (2) by redesignating subsections (d), (e), and

23 (f) as subsections (c), (d), and (e), respectively.
†

700

S 2400 PP

1 SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF

2 FISSILE MATERIALS, RADIOLOGICAL MATE3 RIALS, AND RELATED EQUIPMENT AT VUL4 NERABLE SITES WORLDWIDE.

5 (a) SENSE OF CONGRESS.—(1) It is the sense of Con6 gress that the security, including the rapid removal or se7 cure storage, of high-risk, proliferation-attractive fissile

8 materials, radiological materials, and related equipment at

9 vulnerable sites worldwide should be a top priority among

10 the activities to achieve the national security of the United

11 States.

12 (2) It is the sense of Congress that the President may

13 establish in the Department of Energy a task force to be

14 known as the Task Force on Nuclear Materials to carry

15 out the program authorized by subsection (b).

16 (b) PROGRAM AUTHORIZED.—The Secretary of En17 ergy may carry out a program to undertake an acceler18 ated, comprehensive worldwide effort to mitigate the

19 threats posed by high-risk, proliferation-attractive fissile

20 materials, radiological materials, and related equipment

21 located at sites potentially vulnerable to theft or diversion.

22 (c) PROGRAM ELEMENTS.—(1) Activities under the

23 program under subsection (b) may include the following:

24 (A) Accelerated efforts to secure, remove, or

25 eliminate proliferation-attractive fissile materials or
†

701

S 2400 PP

1 radiological materials in research reactors, other re2 actors, and other facilities worldwide.

3 (B) Arrangements for the secure shipment of

4 proliferation-attractive fissile materials, radiological

5 materials, and related equipment to other countries

6 willing to accept such materials and equipment, or

7 to the United States if such countries cannot be

8 identified, and the provision of secure storage or dis9 position of such materials and equipment following

10 shipment.

11 (C) The transportation of proliferation-attrac12 tive fissile materials, radiological materials, and re13 lated equipment from sites identified as proliferation

14 risks to secure facilities in other countries or in the

15 United States.

16 (D) The processing and packaging of prolifera17 tion-attractive fissile materials, radiological mate18 rials, and related equipment in accordance with re19 quired standards for transport, storage, and disposi20 tion.

21 (E) The provision of interim security upgrades

22 for vulnerable, proliferation-attractive fissile mate23 rials and radiological materials and related equip24 ment pending their removal from their current sites.
†

702

S 2400 PP

1 (F) The utilization of funds to upgrade security

2 and accounting at sites where proliferation-attractive

3 fissile materials or radiological materials will remain

4 for an extended period of time in order to ensure

5 that such materials are secure against plausible po6 tential threats and will remain so in the future.

7 (G) The management of proliferation-attractive

8 fissile materials, radiological materials, and related

9 equipment at secure facilities.

10 (H) Actions to ensure that security, including

11 security upgrades at sites and facilities for the stor12 age or disposition of proliferation-attractive fissile

13 materials, radiological materials, and related equip14 ment, continues to function as intended.

15 (I) The provision of technical support to the

16 International Atomic Energy Agency (IAEA), other

17 countries, and other entities to facilitate removal of,

18 and security upgrades to facilities that contain, pro19 liferation-attractive fissile materials, radiological ma20 terials, and related equipment worldwide.

21 (J) The development of alternative fuels and ir22 radiation targets based on low-enriched uranium to

23 convert research or other reactors fueled by highly24 enriched uranium to such alternative fuels, as well

25 as the conversion of reactors and irradiation targets
†

703

S 2400 PP

1 employing highly-enriched uranium to employment

2 of such alternative fuels and targets.

3 (K) Accelerated actions for the blend down of

4 highly-enriched uranium to low-enriched uranium.

5 (L) The provision of assistance in the closure

6 and decommissioning of sites identified as presenting

7 risks of proliferation of proliferation-attractive fissile

8 materials, radiological materials, and related equip9 ment.

10 (M) Programs to—

11 (i) assist in the placement of employees

12 displaced as a result of actions pursuant to the

13 program in enterprises not representing a pro14 liferation threat; and

15 (ii) convert sites identified as presenting

16 risks of proliferation regarding proliferation-at17 tractive fissile materials, radiological materials,

18 and related equipment to purposes not rep19 resenting a proliferation threat to the extent

20 necessary to eliminate the proliferation threat.

21 (2) The Secretary of Energy shall, in coordination

22 with the Secretary of State, carry out the program in con23 sultation with, and with the assistance of, appropriate de24 partments, agencies, and other entities of the United

25 States Government.
†

704

S 2400 PP

1 (3) The Secretary of Energy shall, with the concur2 rence of the Secretary of State, carry out activities under

3 the program in collaboration with such foreign govern4 ments, non-governmental organizations, and other inter5 national entities as the Secretary considers appropriate for

6 the program.

7 (d) REPORTS.—(1) Not later than March 15, 2005,

8 the Secretary shall submit to Congress a classified interim

9 report on the program under subsection (b).

10 (2) Not later than January 1, 2006, the Secretary

11 shall submit to Congress a classified final report that in12 cludes the following:

13 (A) A survey by the Secretary of the facilities

14 and sites worldwide that contain proliferation-attrac15 tive fissile materials, radiological materials, or re16 lated equipment.

17 (B) A list of sites determined by the Secretary

18 to be of the highest priority, taking into account risk

19 of theft from such sites, for removal or security of

20 proliferation-attractive fissile materials, radiological

21 materials, or related equipment, organized by level of

22 priority.

23 (C) A plan, including activities under the pro24 gram under this section, for the removal, security, or

25 both of proliferation-attractive fissile materials, radi-
†

705

S 2400 PP

1 ological materials, or related equipment at vulner2 able facilities and sites worldwide, including measur3 able milestones, metrics, and estimated costs for the

4 implementation of the plan.

5 (3) A summary of each report under this subsection

6 shall also be submitted to Congress in unclassified form.

7 (e) FUNDING.—Amounts authorized to be appro8 priated to the Secretary of Energy for defense nuclear

9 nonproliferation activities shall be available for purposes

10 of the program under this section.

11 (f) DEFINITIONS.—In this section:

12 (1) The term ‘‘fissile materials’’ means pluto13 nium, highly-enriched uranium, or other material ca14 pable of sustaining an explosive nuclear chain reac15 tion, including irradiated items containing such ma16 terials if the radiation field from such items is not

17 sufficient to prevent the theft or misuse of such

18 items.

19 (2) The term ‘‘radiological materials’’ includes

20 Americium-241, Californium-252, Cesium-137, Co21 balt-60, Iridium-192, Plutonium-238, Radium-226

22 and Strontium-90, Curium-244, Strontium-90, and

23 irradiated items containing such materials, or other

24 materials designated by the Secretary of Energy for

25 purposes of this paragraph.
†

706

S 2400 PP

1 (3) The term ‘‘related equipment’’ includes

2 equipment useful for enrichment of uranium in the

3 isotope 235 and for extraction of fissile materials

4 from irradiated fuel rods and other equipment des5 ignated by the Secretary of Energy for purposes of

6 this section.

7 (4) The term ‘‘highly-enriched uranium’’ means

8 uranium enriched to or above 20 percent in isotope

9 235.

10 (5) The term ‘‘low-enriched uranium’’ means

11 uranium enriched below 20 percent in isotope 235.

12 (6) The term ‘‘proliferation-attractive’’, in the

13 case of fissile materials and radiological materials,

14 means quantities and types of such materials that

15 are determined by the Secretary of Energy to

16 present a significant risk to the national security of

17 the United States if diverted to a use relating to

18 proliferation.

19 Subtitle D—Other Matters

20 SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY

21 CONTRACTORS.

22 Section 170 d.(1)(A) of the Atomic Energy Act of

23 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by striking

24 ‘‘until December 31, 2004’’ and inserting ‘‘until December

25 31, 2006’’.
†

707

S 2400 PP

1 SEC. 3142. TWO-YEAR EXTENSION OF AUTHORITY FOR AP2 POINTMENT OF CERTAIN SCIENTIFIC, ENGI3 NEERING, AND TECHNICAL PERSONNEL.

4 Section 4601(c)(1) of the Atomic Energy Defense Act

5 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘Sep6 tember 30, 2004’’ and inserting ‘‘September 30, 2006’’.

7 SEC. 3143. ENHANCEMENT OF ENERGY EMPLOYEES OCCU8 PATIONAL ILLNESS COMPENSATION PRO9 GRAM AUTHORITIES.

10 (a) STATE AGREEMENTS.—Section 3661 of the Floyd

11 D. Spence National Defense Authorization Act for Fiscal

12 Year 2001 (as enacted into law by Public Law 106–394)

13 (42 U.S.C. 7385o) is amended—

14 (1) in subsection (b), by striking ‘‘Pursuant to

15 agreements under subsection (a), the’’ and inserting

16 ‘‘The’’;

17 (2) in subsection (c), by striking ‘‘provided in

18 an agreement under subsection (a), and if’’; and

19 (3) in subsection (e), by striking ‘‘If provided in

20 an agreement under subsection (a)’’ and inserting

21 ‘‘If a panel has reported a determination under sub22 section (d)(5)’’.

23 (b) PHYSICIAN PANELS.—Subsection (d) of such sec24 tion is amended by striking paragraph (2) and inserting

25 the following new paragraph (2):
†

708

S 2400 PP

1 ‘‘(2) The Secretary of Health and Human Services

2 shall, in consultation with the Secretary of Energy, select

3 the individuals to serve as panel members based on experi4 ence and competency in diagnosing occupational illnesses.

5 The Secretary shall appoint the individuals so selected as

6 panel members or shall obtain by contract the services of

7 such individuals as panel members.’’.

8 SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VI9 CINITY OF LOS ALAMOS NATIONAL LABORA10 TORY, NEW MEXICO.

11 The Secretary of Energy shall require that the pri12 mary management and operations contract for Los Ala13 mos National Laboratory, New Mexico, that involves Lab14 oratory operations after September 30, 2005, shall contain

15 terms requiring the contractor under such contract to pro16 vide support to the Los Alamos Public School District,

17 New Mexico, for the elementary and secondary education

18 of students by the School District in the amount of

19 $8,000,000 in each fiscal year.

20 SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT,

21 NEW MEXICO, PURSUANT TO COMPETITIVE

22 CONTRACT.

23 (a) CONTRACT REQUIREMENT.—The Secretary of

24 Energy shall use competitive procedures to enter into a

25 contract to conduct independent reviews and evaluations
†

709

S 2400 PP

1 of the design, construction, and operations of the Waste

2 Isolation Pilot Plant in New Mexico (hereafter in this sec3 tion referred as the ‘‘WIPP’’) as they relate to the protec4 tion of the public health and safety and the environment.

5 The contract shall be for a period of one year, beginning

6 on October 1, 2004, and shall be renewable for four addi7 tional one-year periods with the consent of the contractor

8 and subject to the authorization and appropriation of

9 funds for such purpose.

10 (b) CONTENT OF CONTRACT.—A contract entered

11 into under subsection (a) shall require the following:

12 (1) The contractor shall appoint a Director and

13 Deputy Director, who shall be scientists of national

14 eminence in the field of nuclear waste disposal, shall

15 be free from any biases related to the activities of

16 the WIPP, and shall be widely known for their in17 tegrity and scientific expertise.

18 (2) The Director shall appoint staff. The pro19 fessional staff shall consist of scientists and engi20 neers of recognized integrity and scientific expertise

21 who represent scientific and engineering disciplines

22 needed for a thorough review of the WIPP, including

23 disciplines such as geology, hydrology, health phys24 ics, environmental engineering, probability risk anal25 ysis, mining engineering, and radiation chemistry.
†

710

S 2400 PP

1 The disciplines represented in the staff shall change

2 as may be necessary to meet changed needs in car3 rying out the contract for expertise in any certain

4 scientific or engineering discipline. Scientists em5 ployed under the contract shall have qualifications

6 and experience equivalent to the qualifications and

7 experience required for scientists employed by the

8 Federal Government in grades GS–13 through GS–

9 15.

10 (3) Scientists employed under the contract shall

11 have an appropriate support staff.

12 (4) The Director and Deputy Director shall

13 each be appointed for a term of 5 years, subject to

14 contract renewal, and may be removed only for mis15 conduct or incompetence. The staff shall be ap16 pointed for such terms as the Director considers ap17 propriate.

18 (5) The rates of pay of professional staff and

19 the procedures for increasing the rates of pay of pro20 fessional staff shall be equivalent to those rates and

21 procedures provided for the General Schedule pay

22 system under chapter 53 of title 5, United States

23 Code.

24 (6) The results of reviews and evaluations car25 ried out under the contract shall be published.
†

711

S 2400 PP

1 (c) ADMINISTRATION.—The contractor shall establish

2 general policies and guidelines to be used by the Director

3 in carrying out the work under the contract.

4 SEC. 3146. COMPENSATION OF PAJARITO PLATEAU, NEW

5 MEXICO, HOMESTEADERS FOR ACQUISITION

6 OF LANDS FOR MANHATTAN PROJECT IN

7 WORLD WAR II.

8 (a) ESTABLISHMENT OF COMPENSATION FUND.—

9 There is established in the Treasury of the United States

10 a fund to be known as the Pajarito Plateau Homesteaders

11 Compensation Fund (in this section referred to as the

12 ‘‘Fund’’). The Fund shall be dedicated to the settlement

13 of the two lawsuits in the United States District Court

14 for the District of New Mexico consolidated as Civ. No.

15 00–60.

16 (b) ELEMENTS OF FUND.—The Fund shall consist

17 of the following:

18 (1) Amounts available for deposit in the Fund

19 under subsection (j).

20 (2) Interest earned on amounts in the Fund

21 under subsection (g).

22 (c) USE OF FUND.—The Fund shall be available for

23 the settlement of the consolidated lawsuits in accordance

24 with the following requirements:
†

712

S 2400 PP

1 (1) The settlement shall be subject to prelimi2 nary and final approval by the Court in accordance

3 with rule 23(e) of the Federal Rules of Civil Proce4 dure.

5 (2) Lead Counsel and Counsel for the United

6 States of America shall recommend to the Court rea7 sonable procedures by which the claims for monies

8 from the Fund shall be administered, which rec9 ommendations shall include mechanisms—

10 (A) to identify class members;

11 (B) to receive claims from class members

12 so identified;

13 (C) to determine in accordance with sub14 section (d) eligible claimants from among class

15 members submitting claims; and

16 (D) to resolve contests, if any, among eligi17 ble claimants with respect to a particular eligi18 ble tract regarding the disbursement of monies

19 in the Fund with respect to such eligible tract.

20 (3) Lead Counsel and Counsel for the United

21 States of America shall provide evidence to the

22 Court to assist the Court in—

23 (A) identifying each class member by name

24 and whereabouts;
†

713

S 2400 PP

1 (B) providing notice of the settlement

2 process for the consolidated lawsuits to each

3 class member so identified; and

4 (C) providing the forms, and describing the

5 procedure, for making claims to each class

6 member so identified.

7 (4) After the provision of notice to class mem8 bers under paragraph (3), if, within a time period to

9 be established by the Court, more than 10 percent

10 of the class members submit to the Court written

11 notice of their determination to be excluded from

12 participation in the settlement of the consolidated

13 lawsuits—

14 (A) the Fund shall not serve as the basis

15 for the settlement of the consolidated lawsuits

16 and the provisions of this section shall have no

17 further force or effect; and

18 (B) amounts in the Fund shall not be dis19 bursed, but shall be retained in the Treasury as

20 miscellaneous receipts.

21 (5) The Court may award attorney fees and ex22 penses from the Fund pursuant to rule 23 of the

23 Federal Rules of Civil Procedure, except that the

24 award of attorney fees may not exceed 20 percent of

25 the Fund and the award of expenses may not exceed
†

714

S 2400 PP

1 2 percent of the Fund. Any attorney fees and ex2 penses so paid shall be paid from the Fund before

3 distribution of the amount in the Fund to eligible

4 claimants entitled thereto.

5 (6) The Fund shall be available to pay settle6 ment awards in accordance with the following:

7 (A) The balance of the amount of the

8 Fund that is available for disbursement after

9 any award of attorney fees and expenses under

10 paragraph (5) shall be allocated proportionally

11 by eligible tract according to its acreage as

12 compared with all eligible tracts.

13 (B) The allocation for each eligible tract

14 shall be allocated pro rata among all eligible

15 claimants having an interest in such eligible

16 tract according to the extent of their interest in

17 such eligible tract, as determined under the

18 laws of the State of New Mexico.

19 (C) Payments from the Fund under this

20 paragraph shall be made by the Secretary of

21 the Treasury.

22 (7) Any amounts available for disbursement

23 with respect to an eligible tract that are not awarded

24 to eligible claimants with respect to that tract by
†

715

S 2400 PP

1 reason of paragraph (6)(B) shall be retained in the

2 Treasury as miscellaneous receipts.

3 (d) ELIGIBLE CLAIMANTS.—(1) For purposes of this

4 section, an eligible claimant is any class member deter5 mined by the Court, by a preponderance of evidence and

6 pursuant to procedures established under subsection

7 (c)(2), to be a person or entity who held a fee simple own8 ership in an eligible tract at the time of its acquisition

9 by the United States during World War II for use in the

10 Manhattan Project, or the heir, successor in interest, as11 signee, or beneficiary of such a person or entity.

12 (2) The status of a person or entity as an heir, suc13 cessor in interest, assignee, or beneficiary for purposes of

14 this subsection shall be determined under the laws of the

15 State of New Mexico, including the descent and distribu16 tion law of the State of New Mexico.

17 (e) FULL RESOLUTION OF CLAIMS AGAINST UNITED

18 STATES.—(1) The acceptance of a disbursement from the

19 Fund by an eligible claimant under this section shall con20 stitute a final and complete release of the defendants in

21 the consolidated lawsuits with respect to such eligible

22 claimant, and shall be in full satisfaction of any and all

23 claims of such eligible claimant against the United States

24 arising out of acts described in the consolidated lawsuits.
†

716

S 2400 PP

1 (2) Upon the disbursement of the amount in the

2 Fund to eligible claimants entitled thereto under this sec3 tion, the Court shall, subject to the provisions of rule 23(e)

4 of the Federal Rules of Civil Procedure, enter a final judg5 ment dismissing with prejudice the consolidated lawsuits

6 and all claims and potential claims on matters covered by

7 the consolidated lawsuits.

8 (f) COMPENSATION LIMITED TO AMOUNTS IN

9 FUND.—(1) An eligible claimant may be paid under this

10 section only from amounts in the Fund.

11 (2) Nothing in this section shall authorize the pay12 ment to a class member by the United States Government

13 of any amount authorized by this section from any source

14 other than the Fund.

15 (g) INVESTMENT OF FUND.—(1) The Secretary of

16 the Treasury shall, in accordance with the requirements

17 of section 9702 of title 31, United States Code, and the

18 provisions of this subsection, direct the form and manner

19 by which the Fund shall be safeguarded and invested so

20 as to maximize its safety while earning a return com21 parable to other common funds in which the United States

22 Treasury is the source of payment.

23 (2) Interest on the amount deposited in the Fund

24 shall accrue from the date of the enactment of the Act

25 appropriating amounts for deposit in the Fund until the
†

717

S 2400 PP

1 date on which the Secretary of the Treasury disburses the

2 amount in the Fund to eligible claimants who are entitled

3 thereto under subsection (c).

4 (h) PRESERVATION OF RECORDS.—(1) All docu5 ments, personal testimony, and other records created or

6 received by the Court in the consolidated lawsuits shall

7 be kept and maintained by the Archivist of the United

8 States, who shall preserve such documents, testimony, and

9 records in the National Archives of the United States.

10 (2) The Archivist shall make available to the public

11 the materials kept and maintained under paragraph (1).

12 (i) DEFINITIONS.—In this section:

13 (1) The term ‘‘Court’’ means the United States

14 District Court for the District of New Mexico having

15 jurisdiction over the consolidated lawsuits.

16 (2) The term ‘‘consolidated lawsuits’’ means the

17 two lawsuits in the United States District Court for

18 the District of New Mexico consolidated as Civ. No.

19 00–60.

20 (3)(A) The term ‘‘eligible tract’’ means private

21 real property located on the Pajarito Plateau of

22 what is now Los Alamos County, New Mexico, that

23 was acquired by the United States during World

24 War II for use in the Manhattan Project and which

25 is the subject of the consolidated lawsuits.
†

718

S 2400 PP

1 (B) The term does not include lands of the Los

2 Alamos Ranch School and of the A.M. Ross Estate

3 (doing business as Anchor Ranch).

4 (4) The term ‘‘class member’’ means the fol5 lowing:

6 (A) Any person or entity who claims to

7 have held a fee simple ownership in an eligible

8 tract at the time of its acquisition by the

9 United States during World War II for use in

10 the Manhattan Project.

11 (B) Any person or entity claiming to be

12 the heir, successor in interest, assignee, or ben13 eficiary of a person or entity who held a fee

14 simple ownership in an eligible tract at the time

15 of its acquisition by the United States during

16 World War II for use in the Manhattan Project.

17 (j) FUNDING.—Of the amount authorized to be ap18 propriated by section 3101(a)(4) for the National Nuclear

19 Security Administration for the Office of the Adminis20 trator for Nuclear Security, $10,000,000 shall be available

21 for deposit in the Fund under subsection (b)(1).
†

719

S 2400 PP

1 Subtitle E—Energy Employees Oc2 cupational Illness Compensa3 tion Program

4 SEC. 3151. COVERAGE OF INDIVIDUALS EMPLOYED AT

5 ATOMIC WEAPONS EMPLOYER FACILITIES

6 DURING PERIODS OF RESIDUAL CONTAMINA7 TION.

8 (a) COVERAGE.—Paragraph (3) of section 3621 of

9 the Energy Employees Occupational Illness Compensation

10 Program Act of 2000 (title XXXVI of the Floyd D.

11 Spence National Defense Authorization Act for Fiscal

12 Year 2001 (as enacted into law by Public Law 106–398);

13 42 U.S.C. 7384l) is amended to read as follows:

14 ‘‘(3) The term ‘atomic weapons employee’

15 means any of the following:

16 ‘‘(A) An individual employed by an atomic

17 weapons employer during a period when the

18 employer was processing or producing, for the

19 use by the United States, material that emitted

20 radiation and was used in the production of an

21 atomic weapon, excluding uranium mining and

22 milling.

23 ‘‘(B) An individual employed—

24 ‘‘(i) at a facility with respect to which

25 the National Institute for Occupational
†

720

S 2400 PP

1 Safety and Health, in its report dated Oc2 tober 2003 and titled ‘Report on Residual

3 Radioactive and Beryllium Contamination

4 at Atomic Weapons Employer Facilities

5 and Beryllium Vendor Facilities’, or any

6 update to that report, found that there is

7 a potential for significant residual contami8 nation outside of the period in which weap9 ons-related production occurred;

10 ‘‘(ii) by an atomic weapons employer

11 or subsequent owner or operators of a fa12 cility described in clause (i); and

13 ‘‘(ii) during a period, as specified in

14 such report or any update to such report,

15 of potential for significant residual radio16 active contamination at such facility.’’.

17 SEC. 3152. UPDATE OF REPORT ON RESIDUAL CONTAMINA18 TION OF FACILITIES.

19 (a) UPDATE OF REPORT.—Not later than December

20 31, 2006, the Director of the National Institute for Occu21 pational Safety and Health shall submit to Congress an

22 update to the report required by section 3151(b) of the

23 National Defense Authorization Act for Fiscal Year 2002

24 (Public Law 107–107; 42 U.S.C. 7384 note).

25 (b) ELEMENTS.—The update shall—
†

721

S 2400 PP

1 (1) for each facility for which such report found

2 that insufficient information was available to deter3 mine whether significant residual contamination was

4 present, determine whether significant residual con5 tamination was present;

6 (2) for each facility for which such report found

7 that significant residual contamination remained

8 present as of the date of the report, determine the

9 date on which such contamination ceased to be

10 present;

11 (3) for each facility for which such report found

12 that significant residual contamination was present

13 but for which the Director has been unable to deter14 mine the extent to which such contamination is at15 tributable to atomic weapons-related activities, iden16 tify the specific dates of coverage attributable to

17 such activities and, in so identifying, presume that

18 such contamination is attributable to such activities

19 until there is evidence of decontamination of residual

20 contamination identified with atomic weapons-re21 lated activities; and

22 (4) if new information that pertains to the re23 port has been made available to the Director since

24 that report was submitted, identify and describe

25 such information.
†

722

S 2400 PP

1 (c) PUBLICATION.—The Director shall ensure that

2 the report referred to in subsection (a) is published in the

3 Federal Register not later than 15 days after being re4 leased.

5 SEC. 3153. WORKERS COMPENSATION.

6 (a) IN GENERAL.—Subtitle D of the Energy Employ7 ees Occupational Illness Compensation Program Act of

8 2000 (title XXXVI of the Floyd D. Spence National De9 fense Authorization Act for Fiscal Year 2001 (as enacted

10 into law by Public Law 106–398); 42 U.S.C. 7385o) is

11 amended to read as follows:

12 ‘‘Subtitle D—Workers

13 Compensation

14 ‘‘SEC. 3661. COVERED DEPARTMENT OF ENERGY CON15 TRACTOR EMPLOYEES.

16 ‘‘(a) IN GENERAL.—In this subtitle, the term ‘cov17 ered Department of Energy contractor employee’ means

18 any Department of Energy contractor employee deter19 mined under section 3663 to have contracted an occupa20 tional illness or covered illness through exposure at a De21 partment of Energy facility.

22 ‘‘(b) EXCLUSION OF ILLNESS THROUGH EXPOSURE

23 AFTER COMMENCEMENT OF NEW PROGRAM.—For pur24 poses of this subtitle, an occupational illness or covered

25 illness shall not include any illness contracted by a Depart-
†

723

S 2400 PP

1 ment of Energy contractor employee through exposure at

2 a Department of Energy facility if the exposure occurs

3 after the date of the enactment of the National Defense

4 Authorization Act for Fiscal Year 2005.

5 ‘‘SEC. 3662. WORKERS COMPENSATION.

6 ‘‘(a) IN GENERAL.—Except as provided in subsection

7 (b), a covered Department of Energy contractor employee,

8 or the survivor of a covered Department of Energy con9 tractor employee if the covered Department of Energy

10 contractor employee is deceased, shall receive workers

11 compensation in an amount determined under section

12 3664.

13 ‘‘(b) ELECTION TO PROCEED UNDER STATE WORK14 ERS’ COMPENSATION SYSTEM.—(1) A Department of En15 ergy contractor employee otherwise covered by this section

16 may elect to seek workers’ compensation under the appro17 priate State workers’ compensation system for the occupa18 tional illness or covered illness of the covered Department

19 of Energy contractor employee rather than seek workers

20 compensation for the occupational illness or covered ill21 ness, as the case may be, under this subtitle.

22 ‘‘(2) Any Department of Energy contractor employee

23 making an election under paragraph (1) who becomes enti24 tled to workers’ compensation under the appropriate State

25 workers’ compensation system following an election under
†

724

S 2400 PP

1 that paragraph is not entitled to receive workers com2 pensation under this subtitle.

3 ‘‘(c) FUNDING.—The Secretary of Labor shall make

4 payments of workers compensation under this section

5 from amounts authorized to be appropriated for such pur6 pose under section 3670.

7 ‘‘SEC. 3663. DETERMINATIONS REGARDING CONTRACTION

8 OF OCCUPATIONAL OR COVERED ILLNESSES.

9 ‘‘(a) EMPLOYEES COVERED BY PREVIOUS DETER10 MINATION OF ENTITLEMENT TO COMPENSATION AND

11 BENEFITS.—(1) A Department of Energy contractor em12 ployee who has been determined to be entitled to com13 pensation and benefits for an occupational illness con14 tracted in the performance of duty at a Department of

15 Energy facility under subtitle B shall be treated as having

16 contracted the occupational illness through exposure at

17 the Department of Energy facility for purposes of this

18 subtitle.

19 ‘‘(2) A determination, pursuant to activities under

20 paragraph (2) of section 3163(d) of the National Defense

21 Authorization Act for Fiscal Year 2005 before or during

22 the period of transition of administration of this subtitle

23 to the Department of Labor under paragraph (1) of such

24 section, that an individual contracted an occupational ill25 ness through exposure at a Department of Energy facility
†

725

S 2400 PP

1 for purposes of this subtitle shall be valid for purposes

2 of this subtitle.

3 ‘‘(b) OTHER EMPLOYEES.—In the case of a Depart4 ment of Energy contractor employee not previously cov5 ered by a determination described in subsection (a) with

6 respect to an occupational illness, the Department of En7 ergy contractor employee shall be determined to have con8 tracted an illness (in this subtitle referred to as a ‘covered

9 illness’) through exposure at a Department of Energy fa10 cility for purposes of this subtitle if—

11 ‘‘(1) it is at least as likely as not that exposure

12 to a toxic substance was a significant factor in ag13 gravating, contributing to, or causing the illness;

14 and

15 ‘‘(2) it is at least as likely as not that the expo16 sure to such toxic substance was related to employ17 ment at a Department of Energy facility.

18 ‘‘(c) DETERMINATIONS REGARDING EMPLOYEES

19 NOT PREVIOUSLY COVERED BY DETERMINATION OF EN20 TITLEMENT.—(1) The Secretary of Labor shall make each

21 determination under subsection (b) as to whether or not

22 a Department of Energy contractor employee described in

23 that subsection contracted a covered illness related to em24 ployment at a Department of Energy facility.
†

726

S 2400 PP

1 ‘‘(2) The Secretary may utilize the services of physi2 cians for purposes of making determinations under this

3 subsection. Any physicians so utilized shall possess appro4 priate expertise and experience in the evaluation and diag5 nosis of illnesses aggravated, contributed to, or caused by

6 exposure to toxic substances.

7 ‘‘(3) The Secretary may secure the services of physi8 cians under this subsection through the appointment of

9 physicians or by contract.

10 ‘‘(4) The Secretary shall consult with the Secretary

11 of Health and Human Services before utilizing the services

12 of physicians for purposes of making determinations under

13 this subsection.

14 ‘‘SEC. 3664. AMOUNT OF WORKERS COMPENSATION.

15 ‘‘(a) IN GENERAL.—The amount of workers com16 pensation payable to a covered Department of Energy con17 tractor employee, or the eligible survivors of a covered De18 partment of Energy contractor employee, for an occupa19 tional illness or covered illness under section 3662 is the

20 amount of workers’ compensation to which the Depart21 ment of Energy contractor employee, or the eligible sur22 vivors, respectively, would otherwise be entitled for the oc23 cupational illness or covered illness, as the case may be,

24 under the appropriate State workers’ compensation sys25 tem.
†

727

S 2400 PP

1 ‘‘(b) INAPPLICABILITY OF CERTAIN STATE WORK2 ERS’ COMPENSATION SYSTEM LIMITATIONS.—The

3 amount of workers’ compensation to which a covered De4 partment of Energy contractor employee would otherwise

5 be entitled under subsection (a) shall be determined with6 out regard to any requirements under the appropriate

7 State workers’ compensation system for each of the fol8 lowing:

9 ‘‘(1) Statutes of limitation, or other rules lim10 iting compensation to claims filed within a specified

11 period after last exposure to a toxic substance or

12 after last employment by an employer where the em13 ployee was exposed to a toxic substance.

14 ‘‘(2) Exposure rules, including minimum peri15 ods of exposure to toxic substances.

16 ‘‘(3) Causation rules more stringent that the

17 standard in section 3663(b).

18 ‘‘(4) Burdens of proof, quantum of proof stand19 ards, or both more stringent than the standard in

20 section 3663(b).

21 ‘‘(5) Return to work requirements, including

22 obligations to participate in vocational rehabilitation

23 and medical examinations connected with the ability

24 to return to work.
†

728

S 2400 PP

1 ‘‘(6) Medical examinations in addition to med2 ical examinations required by the Secretary of Labor

3 for the application of section 3663 in determining

4 causation or required by the Secretary of Labor for

5 the application of subsection (c) in determining the

6 amount of workers’ compensation payable.

7 ‘‘(c) DETERMINATION OF AMOUNT.—(1) The Sec8 retary of Labor shall determine the amount of workers

9 compensation payable to each covered Department of En10 ergy contractor employee under section 3662.

11 ‘‘(2)(A) The Secretary may utilize the assistance of

12 the workers’ compensation system personnel of any State

13 in making determinations under paragraph (1).

14 ‘‘(B) The utilization of assistance under subpara15 graph (A) shall be in accordance with an agreement en16 tered into by the Secretary and the chief executive officer

17 of the State concerned.

18 ‘‘(C) An agreement under subparagraph (B) may

19 provide for the Secretary to reimburse the State concerned

20 for the costs of the State in providing assistance under

21 the agreement.

22 ‘‘(3)(A) The Secretary may utilize the services of phy23 sicians for purposes of making determinations under this

24 subsection.
†

729

S 2400 PP

1 ‘‘(B) Any physicians utilized under subparagraph (A)

2 shall possess appropriate expertise and experience in the

3 evaluation and determination of the extent of permanent

4 physical impairments.

5 ‘‘(C) The Secretary may secure the services of physi6 cians under subparagraph (A) through the appointment

7 of physicians or by contract.

8 ‘‘SEC. 3665. MEDICAL BENEFITS.

9 ‘‘(a) IN GENERAL.—A Department of Energy con10 tractor employee eligible for workers compensation for an

11 occupational illness or covered illness under this subtitle

12 shall be furnished medical benefits specified in section

13 3629 for the occupational illness or covered illness, as the

14 case may be, to the same extent, and under the same con15 ditions and limitations, as an individual eligible for med16 ical benefits under that section is furnished medical bene17 fits under that section.

18 ‘‘(b) FUNDING.—Amounts for payments for medical

19 benefits under this section shall be derived from amounts

20 authorized to be appropriated for such purpose under sec21 tion 3670.

22 ‘‘SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.

23 ‘‘(a) STATUS AS DEPARTMENT OF ENERGY CON24 TRACTOR EMPLOYEE.—An individual may seek the review
†

730

S 2400 PP

1 of a determination that the individual is not a Department

2 of Energy contractor employee.

3 ‘‘(b) ELIGIBILITY AND AMOUNT OF WORKERS COM4 PENSATION.—A Department of Energy contractor em5 ployee may seek the review of any determination as fol6 lows:

7 ‘‘(1) A determination under section 3663(b)

8 that the Department of Energy contractor employee

9 is not a covered Department of Energy contractor

10 employee.

11 ‘‘(2) A determination under 3664 of the

12 amount of workers compensation payable to the De13 partment of Energy contractor employee under sec14 tion 3662.

15 ‘‘(c) REVIEW.—(1) The review of a determination

16 under subsection (a) or (b) shall be conducted by the Sec17 retary of Labor in accordance with procedures applicable

18 for the review of claims under sections 30.310 through

19 30.320 of title 20, Code of Federal Regulations, or any

20 successor regulations.

21 ‘‘(2)(A) The review of a determination under sub22 section (b)(1) shall include review by a physician or physi23 cian panel.

24 ‘‘(B) Each physician or physician on a panel under

25 subparagraph (A) shall be a physician with experience and
†

731

S 2400 PP

1 competency in diagnosing illnesses aggravated, contrib2 uted to, or caused by exposure to toxic substances.

3 ‘‘(C) The Secretary of Labor may investigate any al4 legation that a physician appointed under this paragraph

5 has a conflict of interest. If the Secretary of Labor deter6 mines that a conflict of interest exists, the Secretary shall

7 notify the Secretary of Health and Human Services, who

8 shall review the allegation.

9 ‘‘(D) Each review by a physician or physician panel

10 under subparagraph (A) shall be conducted in accordance

11 with such procedures as the Secretary shall prescribe.

12 ‘‘(3)(A) The results of each review under this sub13 section shall be submitted to the Secretary.

14 ‘‘(B) The Secretary shall accept the results of any

15 portion of a review under this subsection that consists of

16 a review by a physician or physician panel under para17 graph (2) unless there is substantial evidence to the con18 trary.

19 ‘‘(d) REVERSAL OF DETERMINATIONS.—Except as

20 provided in subsection (c)(3)(B), the Secretary of Labor

21 may vacate or reverse any determination described in sub22 section in subsection (a) or (b) if the Secretary deter23 mines, as the result of a review of such determination

24 under subsection (c), that such determination was erro25 neous.
†

732

S 2400 PP

1 ‘‘SEC. 3667. ATTORNEY FEES.

2 ‘‘(a) IN GENERAL.—Except as provided in subsection

3 (b), the provisions of section 3648 shall apply to the avail4 ability of attorney fees for assistance on a claim under

5 this subtitle to the same extent, and subject to the same

6 conditions and limitations, that such provisions apply to

7 the availability of attorney fees for assistance on a claim

8 under subtitle B.

9 ‘‘(b) ATTORNEY FEE SCHEDULE.—(1) The Secretary

10 of Labor may, by regulation, modify the application of sec11 tion 3648 to the availability of attorney fees under this

12 subtitle to establish a schedule for attorney fees under this

13 subtitle that will ensure representation of claimants and

14 appropriate compensation for such representation.

15 ‘‘(2) The amount of attorney fees for assistance on

16 claims under the schedule of attorney fees shall take into

17 appropriate account the nature and complexity of the legal

18 issues involved in such claims and the procedural level at

19 which assistance is given.

20 ‘‘SEC. 3668. ADMINISTRATIVE MATTERS.

21 ‘‘(a) IN GENERAL.—The Secretary of Labor shall ad22 minister the provisions of this subtitle.

23 ‘‘(b) CONTRACT AUTHORITY.—(1) The Secretary

24 may enter into contracts with appropriate persons and en25 tities in order to administer the provisions of this subtitle.
†

733

S 2400 PP

1 ‘‘(2) The authority of the Secretary to enter into con2 tracts under this subtitle shall be effective in any fiscal

3 year only to the extent and in such amount as are provided

4 in advance in appropriations Acts.

5 ‘‘(c) RECORDS.—(1)(A) The Secretary of Energy

6 shall provide to the Secretary of Labor all records, files,

7 and other data, whether paper, electronic, imaged, or oth8 erwise, developed by the Secretary of Energy that are ap9 plicable to the administration of the provisions of this sub10 title by the Secretary of Labor, including records, files,

11 and data on facility industrial hygiene, employment of in12 dividuals or groups, exposure and medical records, and

13 claims applications.

14 ‘‘(B) In providing records, files, and other data under

15 this paragraph, the Secretary of Energy shall preserve the

16 current organization of such records, files, and other data,

17 and shall provide such description and indexing of such

18 records, files, and other data as the Secretary of Energy

19 and the Secretary of Labor jointly consider appropriate

20 to facilitate their use by the Secretary of Labor for pur21 poses of this subtitle.

22 ‘‘(2) The Secretary of Energy and the Secretary of

23 Labor shall jointly undertake such actions as are appro24 priate to retrieve records applicable to the claims of De25 partment of Energy contractor employees for workers
†

734

S 2400 PP

1 compensation under this subtitle, including employment

2 records, records of exposure to beryllium, radiation, sil3 icon, or metals or volatile organic chemicals, and records

4 regarding medical treatment.

5 ‘‘(d) REGULATIONS.—The Secretary of Labor shall

6 prescribe regulations necessary for the administration of

7 the provisions of this subtitle.

8 ‘‘SEC. 3669. OFFICE OF OMBUDSMAN.

9 ‘‘(a) ESTABLISHMENT.—There is established in the

10 Department of Labor an office to be known as the ‘Office

11 of the Ombudsman’ (in this section referred to as the ‘Of12 fice’).

13 ‘‘(b) HEAD.—The head of the Office shall be the Om14 budsman. The individual serving as Ombudsman shall be

15 either of the following:

16 ‘‘(1) An officer or employee of the Department

17 of Labor designated by the Secretary for purposes of

18 this section from among officers and employees of

19 the Department who have experience and expertise

20 necessary to carry out the duties of the Office speci21 fied in subsection (c).

22 ‘‘(2) An individual employed by the Secretary

23 from the private sector from among individuals in

24 the private sector who have experience and expertise
†

735

S 2400 PP

1 necessary to carry out the duties of the Office speci2 fied in subsection (c).

3 ‘‘(c) DUTIES.—The duties of the Office shall be as

4 follows:

5 ‘‘(1) To assist individuals in making claims

6 under this subtitle.

7 ‘‘(2) To provide information on the benefits

8 available under this subtitle and on the requirements

9 and procedures applicable to the provision of such

10 benefits.

11 ‘‘(3) To act as an advocate on behalf of individ12 uals seeking benefits under this subtitle.

13 ‘‘(4) To make recommendations to the Sec14 retary regarding the location of centers (to be known

15 as ‘resource centers’) for the acceptance and devel16 opment of claims for benefits under this subtitle.

17 ‘‘(5) To carry out such other duties with re18 spect to this subtitle as the Secretary shall specify

19 for purposes of this section.

20 ‘‘(d) INDEPENDENT OFFICE.—The Secretary shall

21 take appropriate actions to ensure the independence of the

22 Office within the Department of Labor, including inde23 pendence from other officers and employees of the Depart24 ment engaged in activities relating to the administration

25 of the provisions of this subtitle.
†

736

S 2400 PP

1 ‘‘(e) ANNUAL REPORT.—(1) Not later than February

2 15 each year, the Ombudsman shall submit to Congress

3 a report on activities under this subtitle.

4 ‘‘(2) Each report under paragraph (1) shall set forth

5 the following:

6 ‘‘(A) The number and types of complaints,

7 grievances, and requests for assistance received by

8 the Ombudsman under this subtitle during the pre9 ceding year.

10 ‘‘(B) An assessment of the most common dif11 ficulties encountered by claimants and potential

12 claimants under this subtitle during the preceding

13 year.

14 ‘‘(C) Such recommendations as the Ombuds15 man considers appropriate for the improvement of

16 the practices of the Department of Labor in admin17 istering this subtitle.

18 ‘‘(D) Such recommendations at the Ombuds19 man considers appropriate for modifying the au20 thorities and requirements of this subtitle in order

21 to better address the workers compensation interests

22 of covered Department of Energy contractor employ23 ees and others, as determined by the Ombudsman,

24 meriting benefits under this subtitle.
†

737

S 2400 PP

1 ‘‘(3) No official of the Department of Labor, or of

2 any other department or agency of the Federal Govern3 ment, may require the review or approval of a report of

4 the Ombudsman under this subsection before the sub5 mittal of such report to Congress.

6 ‘‘(f) OUTREACH.—The Secretary of Labor and the

7 Secretary of Health and Human Services shall each under8 take outreach to advise the public of the existence and du9 ties of the Office.

10 ‘‘SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

12 is authorized to be appropriated to the Secretary of Labor

13 for fiscal year 2005 and each fiscal year thereafter such

14 sums as may be necessary in such fiscal year for—

15 ‘‘(1) the provision of compensation and benefits

16 under this subtitle; and

17 ‘‘(2) the administration of the provisions of this

18 subtitle.

19 ‘‘(b) AVAILABILITY WITHOUT FISCAL YEAR LIMITA20 TION.—Amounts authorized to be appropriated by sub21 section (a) shall remain available without fiscal year limi22 tation.

23 ‘‘(c) AVAILABILITY OF AMOUNTS SUBJECT TO AP24 PROPRIATIONS ACTS.—The authority to provide com25 pensation and benefits under this subtitle shall be effective
†

738

S 2400 PP

1 in any fiscal year only to the extent and in such amounts

2 as are provided in advance in appropriations Acts.’’.

3 (b) CONFORMING AMENDMENT.—Section 3643 of the

4 Energy Employees Occupational Illness Compensation

5 Program Act of 2000 (42 U.S.C. 7385b) is amended by

6 striking ‘‘The acceptance’’ and inserting ‘‘Except as pro7 vided in subtitle D, the acceptance’’.

8 (c) REGULATIONS.—The Secretary of Labor shall

9 prescribe the regulations required by section 3668(d) of

10 the Energy Employees Occupational Illness Compensation

11 Program Act of 2000, as amended by this section, not

12 later than 120 days after the date of the enactment of

13 this Act. The Secretary may prescribe interim final regula14 tions necessary to meet the deadlines specified in the pre15 ceding sentence and subsection (d)(1).

16 (d) TRANSITION.—(1) The Secretary of Labor shall

17 commence the administration of the provisions of subtitle

18 D of the Energy Employees Occupational Illness Com19 pensation Program Act of 2000, as amended by this sec20 tion, not later than 180 days after the date of the enact21 ment of this Act.

22 (2) The Secretary of Energy and the Secretary of

23 Labor shall jointly take such actions as are appropriate—

24 (A) to identify the activities under subtitle D of

25 the Energy Employees Occupational Illness Com-
†

739

S 2400 PP

1 pensation Program Act of 2000, as in effect on the

2 day before the date of the enactment of this Act,

3 that will continue under that subtitle, as amended by

4 this section, upon the commencement of the admin5 istration of that subtitle, as so amended, by the Sec6 retary of Labor under paragraph (1); and

7 (B) to ensure the continued discharge of such

8 activities until the commencement of the administra9 tion of that subtitle, as so amended, by the Sec10 retary of Labor under paragraph (1).

11 (3)(A) In carrying out activities under paragraph (2),

12 the Secretary of Energy shall only conduct a causation

13 review on a claim if the claim is completely prepared and

14 awaiting review as of the date of the enactment of this

15 Act.

16 (B) Activities under paragraph (2) on any claim cov17 ered by such activities that is not described by subpara18 graph (A) shall be carried out by the Secretary of Labor.

19 (e) PROVISION OF RECORDS.—The Secretary of En20 ergy shall, to the maximum extent practicable, complete

21 the provision of records to the Secretary of Labor under

22 section 3668(c)(1) of the Energy Employees Occupational

23 Illness Compensation Program Act of 2000, as amended

24 by this section, not later than 60 days after the date of

25 the enactment of this Act.
†

740

S 2400 PP

1 (f) SITE PROFILES.—(1)(A) The Secretary of Labor

2 shall prepare a site profile for each of the 14 Department

3 of Energy facilities that have received the most number

4 of claims for compensation and benefits under subtitle D

5 of the Energy Employees Occupational Illness Compensa6 tion Program Act of 2000 as of the date of the enactment

7 of this Act.

8 (B) The Secretary of Labor shall prepare a site pro9 file under subparagraph (A) utilizing the former worker

10 medical screening programs of the Department of Energy.

11 (2) If the Secretary of Labor determines that the

12 preparation of a site profile for a facility cannot be per13 formed under paragraph (1) because no worker medical

14 screening activities occurred for the facility, or that prepa15 ration of the profile is otherwise impracticable, the site

16 profile for the facility shall be prepared by the National

17 Institute of Occupational Safety and Health.

18 (3) All site profiles required by this subsection shall

19 be completed not later than 210 days after the date of

20 the enactment of this Act.

21 (4) The Secretary of Energy shall provide the Sec22 retary of Labor with any support that the Secretary of

23 Labor considers necessary for carrying out this subsection.
†

741

S 2400 PP

1 (5) In this subsection, the term ‘‘site profile’’, in the

2 case of a Department of Energy facility, means an expo3 sure assessment that—

4 (A) identifies any processes and toxic sub5 stances used in the facility;

6 (B) establishes the times in which such toxic

7 substances were used in the facility; and

8 (C) establishes the degree of exposure to such

9 toxic substances taking into account available

10 records and studies and information on such proc11 esses and toxic substances.

12 (g) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Secretary of Energy should—

14 (1) adopt a policy not to oppose any final posi15 tive determinations with respect to injured workers

16 at Department of Energy facilities and atomic weap17 ons employer facilities under State adjudication sys18 tems unless such determinations are frivolous; and

19 (2) incorporate the policy referred to in para20 graph (1) in all Department of Energy contracts

21 with non-Federal government entities to which such

22 policy could apply.

23 (h) FUNDING FOR ADMINISTRATION IN FISCAL YEAR

24 2005.—(1) Of the amount authorized to be appropriated

25 for fiscal year 2005 by section 3102(a)(1) for environ-
†

742

S 2400 PP

1 mental management for defense site acceleration comple2 tion, $2,000,000 shall be available for purposes of the ad3 ministration of the provisions of subtitle D of the Energy

4 Employees Occupational Illness Compensation Program

5 Act of 2000, as amended by this section, during fiscal year

6 2005.

7 (2) The Secretary of Energy shall transfer to the Sec8 retary of Labor the amount available under paragraph (1)

9 for the purposes specified in that paragraph.

10 (3) The Secretary of Labor shall utilize amounts

11 transferred to the Secretary under paragraph (2) for the

12 purposes specified in paragraph (1).

13 SEC. 3154. TERMINATION OF EFFECT OF OTHER ENHANCE14 MENTS OF ENERGY EMPLOYEES OCCUPA15 TIONAL ILLNESS COMPENSATION PROGRAM.

16 Notwithstanding any other provision of this Act, sec17 tion 3143, relating to enhancements of the Energy Em18 ployees Occupational Illness Compensation Program, shall

19 have no force or effect, and the amendments specified in

20 such section shall not be made.
†

743

S 2400 PP

1 SEC. 3155. SENSE OF SENATE ON RESOURCE CENTER FOR

2 ENERGY EMPLOYEES UNDER ENERGY EM3 PLOYEE OCCUPATIONAL ILLNESS COM4 PENSATION PROGRAM IN WESTERN NEW

5 YORK AND WESTERN PENNSYLVANIA RE6 GION.

7 (a) FINDINGS.—The Senate makes the following

8 findings:

9 (1) New York has 36 current or former Depart10 ment of Energy facilities involved in nuclear weap11 ons production-related activities statewide, mostly

12 atomic weapons employer facilities, and 14 such fa13 cilities in western New York. Despite having one of

14 the greatest concentrations of such facilities in the

15 United States, western New York, and abutting

16 areas of Pennsylvania, continue to be severely under17 served by the Energy Employees Occupational Ill18 ness Compensation Program under the Energy Em19 ployees Occupational Illness Compensation Program

20 Act of 2000 (title XXXVI of the Floyd D. Spence

21 National Defense Authorization Act for Fiscal Year

22 2001 (as enacted into law by Public Law 106–398);

23 42 U.S.C. 7384 et seq.).

24 (2) The establishment of a permanent resource

25 center in western New York would represent a sub26 stantial step toward improving services under the
†

744

S 2400 PP

1 Energy Employees Occupational Illness Compensa2 tion Program for energy employees in this region.

3 (3) The number of claims submitted to the De4 partment under subtitle B of the Energy Employees

5 Occupational Illness Compensation Program Act of

6 2000 from the western New York region, including

7 western Pennsylvania, exceeds the number of such

8 claims filed at resource centers in Hanford, Wash9 ington, Portsmouth, Ohio, Los Alamos, New Mexico,

10 the Nevada Test Site, Nevada, the Rocky Flats En11 vironmental Technology Site, Colorado, the Idaho

12 National Engineering Laboratory, Idaho, and the

13 Amchitka Test Site, Alaska.

14 (4) Energy employees in the western New York

15 region, including western Pennsylvania, deserve as16 sistance under subtitle B of the Energy Employees

17 Occupational Illness Compensation Program Act of

18 2000 commensurate with the assistance provided en19 ergy employees at other locations in the United

20 States.

21 (b) SENSE OF SENATE.—It is the sense of the Senate

22 to encourage the Office of Ombudsman of the Department

23 of Labor, as established by section 3669 of the Energy

24 Employees Occupational Illness Compensation Program
†

745

S 2400 PP

1 Act of 2000 (as amended by section 3163 of this Act),

2 to—

3 (1) review the availability of assistance under

4 subtitle B of the Energy Employees Occupational

5 Illness Compensation Program Act of 2000 for en6 ergy employees in the western New York region, in7 cluding western Pennsylvania; and

8 (2) recommend a location in that region for a

9 resource center to provide such assistance to such

10 energy employees.

11 SEC. 3156. REVIEW BY CONGRESS OF INDIVIDUALS DES12 IGNATED BY PRESIDENT AS MEMBERS OF CO13 HORT.

14 Section 3621(14)(C)(ii) of that Act (42 U.S.C. 10

15 7384l(14)(C)(ii)) is amended by striking ‘‘180 days’’ and

16 inserting ‘‘60 days.’’

17 SEC. 3157. INCLUSION OF CERTAIN FORMER NUCLEAR

18 WEAPONS PROGRAM WORKERS IN SPECIAL

19 EXPOSURE COHORT UNDER THE ENERGY EM20 PLOYEES OCCUPATIONAL ILLNESS COM21 PENSATION PROGRAM.

22 (a) FINDINGS.—Congress makes the following find23 ings:

24 (1) Energy workers at the former Mallinkrodt

25 facilities (including the St. Louis downtown facility
†

746

S 2400 PP

1 and the Weldon Springs facility) were exposed to

2 levels of radionuclides and radioactive materials that

3 were much greater than the current maximum allow4 able Federal standards.

5 (2) The Mallinkrodt workers at the St. Louis

6 site were exposed to excessive levels of airborne ura7 nium dust relative to the standards in effect during

8 the time, and many workers were exposed to 200

9 times the preferred levels of exposure.

10 (3)(A) The chief safety officer for the Atomic

11 Energy Commission during the Mallinkrodt-St.

12 Louis operations described the facility as 1 of the 2

13 worst plants with respect to worker exposures.

14 (B) Workers were excreting in excess of a milli15 gram of uranium per day causing kidney damage.

16 (C) A recent epidemiological study found excess

17 levels of nephritis and kidney cancer from inhalation

18 of uranium dusts.

19 (4) The Department of Energy has admitted

20 that those Mallinkrodt workers were subjected to

21 risks and had their health endangered as a result of

22 working with these highly radioactive materials.

23 (5) The Department of Energy reported that

24 workers at the Weldon Springs feed materials plant
†

747

S 2400 PP

1 handled plutonium and recycled uranium, which are

2 highly radioactive.

3 (6) The National Institute of Occupational

4 Safety and Health admits that—

5 (A) the operations at the St. Louis down6 town site consisted of intense periods of proc7 essing extremely high levels of radionuclides;

8 and

9 (B) the Institute has virtually no personal

10 monitoring data for Mallinkrodt workers prior

11 to 1948.

12 (7) The National Institute of Occupational

13 Safety and Health has informed claimants and their

14 survivors at those 3 Mallinkrodt sites that if they

15 are not interviewed as a part of the dose reconstruc16 tion process, it—

17 (A) would hinder the ability of the Insti18 tute to conduct dose reconstruction for the

19 claimant; and

20 (B) may result in a dose reconstruction

21 that incompletely or inaccurately estimates the

22 radiation dose to which the energy employee

23 named in the claim had been exposed.

24 (8) Energy workers at the Iowa Army Ammuni25 tion Plant (also known as the Burlington Atomic
†

748

S 2400 PP

1 Energy Commission Plant and the Iowa Ordnance

2 Plant) between 1947 and 1975 were exposed to lev3 els of radionuclides and radioactive material, includ4 ing enriched uranium, plutonium, tritium, and de5 pleted uranium, in addition to beryllium and photon

6 radiation, that are greater than the current max7 imum Federal standards for exposure.

8 (9) According to the National Institute of Occu9 pational Safety and Health—

10 (A) between 1947 and 1975, no records,

11 including bioassays or air samples, have been

12 located that indicate any monitoring occurred of

13 internal doses of radiation to which workers de14 scribed in paragraph (8) were exposed;

15 (B) between 1947 and 1955, no records,

16 including dosimetry badges, have been located

17 to indicate that any monitoring occurred of the

18 external doses of radiation to which such work19 ers were exposed;

20 (C) between 1955 and 1962, records indi21 cate that only 8 to 23 workers in a workforce

22 of over 1,000 were monitored for external radi23 ation doses; and

24 (D) between 1970 and 1975, the high

25 point of screening at the Iowa Army Ammuni-
†

749

S 2400 PP

1 tion Plant, only 25 percent of the workforce

2 was screened for exposure to external radiation.

3 (10) The Department of Health and Human

4 Services published the first notice of proposed rule5 making concerning the Special Exposure Cohort on

6 June 25, 2002, and the final rule published on May

7 26, 2004.

8 (11) Many of those former workers have died

9 while waiting for the proposed rule to be finalized,

10 including some claimants who were waiting for dose

11 reconstruction to be completed.

12 (12) Because of the aforementioned reasons, in13 cluding the serious lack of records and the death of

14 many potential claimants, it is not feasible to con15 duct valid dose reconstructions for the Iowa Army

16 Ammunition Plant facility or the Mallinkrodt facili17 ties.

18 (b) INCLUSION OF CERTAIN FORMER WORKERS IN

19 COHORT.—Section 3621(14) of the Energy Employees

20 Occupational Illness Compensation Program Act of 2000

21 (title XXXVI of the Floyd D. Spence National Defense

22 Authorization Act for Fiscal Year 2001 (as enacted into

23 law by Public Law 106–398); 42 U.S.C. 7384l(14)) is

24 amended—
†

750

S 2400 PP

1 (1) by redesignating subparagraph (C) as sub2 paragraph (D); and

3 (2) by inserting after subparagraph (B) the fol4 lowing new subparagraph (C):

5 ‘‘(C) Subject to the provisions of section

6 3612A and section 3146(e) of the National De7 fense Authorization Act for Fiscal Year 2005,

8 the employee was so employed for a number of

9 work days aggregating at least 45 workdays at

10 a facility operated under contract to the De11 partment of Energy by Mallinkrodt Incor12 porated or its successors (including the St.

13 Louis downtown or ‘Destrehan’ facility during

14 any of calendar years 1942 through 1958 and

15 the Weldon Springs feed materials plant facility

16 during any of calendar years 1958 through

17 1966), or at a facility operated by the Depart18 ment of Energy or under contract by Mason &

19 Hangar-Silas Mason Company at the Iowa

20 Army Ammunition Plant (also known as the

21 Burlington Atomic Energy Commission Plant

22 and the Iowa Ordnance Plant) during any of

23 the calendar years 1947 through 1975, and

24 during the employment—
†

751

S 2400 PP

1 ‘‘(i)(I) was monitored through the use

2 of dosimetry badges for exposure at the

3 plant of the external parts of an employ4 ee’s body to radiation; or

5 ‘‘(II) was monitored through the use

6 of bioassays, in vivo monitoring, or breath

7 samples for exposure at the plant to inter8 nal radiation; or

9 ‘‘(ii) worked in a job that had expo10 sures comparable to a job that is mon11 itored, or should have been monitored,

12 under standards of the Department of En13 ergy in effect on the date of enactment of

14 this subparagraph through the use of do15 simetry badges for monitoring external ra16 diation exposures, or bioassays, in vivo

17 monitoring, or breath samples for internal

18 radiation exposures, at a facility.’’.

19 (c) FUNDING OF COMPENSATION AND BENEFITS.—

20 (1) Such Act is further amended by inserting after section

21 3612 the following new section:
†

752

S 2400 PP

1 ‘‘SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS

2 FOR CERTAIN MEMBERS OF THE SPECIAL EX3 POSURE COHORT.

4 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

5 is hereby authorized to be appropriated to the Department

6 of Labor for each fiscal year after fiscal year 2004 such

7 sums as may be necessary for the provision of compensa8 tion and benefits under the compensation program for

9 members of the Special Exposure Cohort described in sec10 tion 3621(14)(C) in such fiscal year.

11 ‘‘(b) PROHIBITION ON USE FOR ADMINISTRATIVE

12 COSTS.—(1) No amount authorized to be appropriated by

13 subsection (a) may be utilized for purposes of carrying out

14 the compensation program for the members of the Special

15 Exposure Cohort referred to in that subsection or admin16 istering the amount authorized to be appropriated by sub17 section (a).

18 ‘‘(2) Amounts for purposes described in paragraph

19 (1) shall be derived from amounts authorized to be appro20 priated by section 3614(a).

21 ‘‘(c) PROVISION OF COMPENSATION AND BENEFITS

22 SUBJECT TO APPROPRIATIONS ACTS.—The provision of

23 compensation and benefits under the compensation pro24 gram for members of the Special Exposure Cohort re25 ferred to in subsection (a) in any fiscal year shall be sub26 ject to the availability of appropriations for that purpose
†

753

S 2400 PP

1 for such fiscal year and to applicable provisions of appro2 priations Acts.’’.

3 (2) Section 3612(d) of such Act (42 U.S.C. 7384e(d))

4 is amended—

5 (A) by inserting ‘‘(1)’’ before ‘‘Subject’’; and

6 (B) by adding at the end the following new

7 paragraph:

8 ‘‘(2) Amounts for the provision of compensation and

9 benefits under the compensation program for members of

10 the Special Exposure Cohort described in section

11 3621(14)(C) may be derived from amounts authorized to

12 be appropriated by section 3612A(a).’’.

13 (d) OFFSET.—The total amount authorized to be ap14 propriated under subtitle A of this title is hereby reduced

15 by $61,000,000.

16 (e) CERTIFICATION.—Funds shall be available to pay

17 claims approved by the National Institute of Occupational

18 Safety and Health for a facility by reason of section

19 3621(14)(C) of the Energy Employees Occupational Ill20 ness Compensation Program Act of 2000, as amended by

21 subsection (b)(2), if the Director of the National Institute

22 of Occupational Safety and Health certifies with respect

23 to such facility each of the following:

24 (1) That no atomic weapons work or related

25 work has been conducted at such facility after 1976.
†

754

S 2400 PP

1 (2) That fewer than 50 percent of the total

2 number of workers engaged in atomic weapons work

3 or related work at such facility were accurately mon4 itored for exposure to internal and external ionizing

5 radiation during the term of their employment.

6 (3) That individual internal and external expo7 sure records for employees at such facility are not

8 available, or the exposure to radiation of at least 40

9 percent of the exposed workers at such facility can10 not be determined from the individual internal and

11 external exposure records that are available.

12 (f) SENSE OF THE SENATE.—It is the sense of the

13 Senate that all employees who are eligible to apply for ben14 efits under the compensation program established by the

15 Energy Employees Occupational Illness Compensation Act

16 should be treated fairly and equitably with regard to inclu17 sion under the special exposure cohort provisions of this

18 Act.

19 TITLE XXXII—DEFENSE NU20 CLEAR FACILITIES SAFETY

21 BOARD

22 SEC. 3201. AUTHORIZATION.

23 There are authorized to be appropriated for fiscal

24 year 2005, $21,268,000 for the operation of the Defense
†

755

S 2400 PP

1 Nuclear Facilities Safety Board under chapter 21 of the

2 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

3 TITLE XXXIII—NATIONAL

4 DEFENSE STOCKPILE

5 SEC. 3301. DISPOSAL OF FERROMANGANESE.

6 (a) DISPOSAL AUTHORIZED.—The Secretary of De7 fense may dispose of up to 50,000 tons of ferromanganese

8 from the National Defense Stockpile during fiscal year

9 2005.

10 (b) CONTINGENT AUTHORITY FOR ADDITIONAL DIS11 POSAL.—After the disposal of ferromanganese authorized

12 by subsection (a)—

13 (1) the Secretary may dispose of up to an addi14 tional 25,000 tons of ferromanganese from the Na15 tional Defense Stockpile before September 30, 2005;

16 and

17 (2) if the Secretary completes the disposal au18 thorized by paragraph (1) before September 30,

19 2005, the Secretary may dispose of up to an addi20 tional 25,000 tons of ferromanganese from the Na21 tional Defense Stockpile before that date.

22 (c) CERTIFICATION.—The Secretary may dispose of

23 ferromanganese under paragraph (1) or (2) of subsection

24 (b) only if the Secretary, with the concurrence of the Sec25 retary of Commerce, certifies to the congressional defense
†

756

S 2400 PP

1 committees not later than 30 days before the commence2 ment of disposal under the applicable paragraph that—

3 (1) the disposal of ferromanganese under such

4 paragraph is in the national interest due to extraor5 dinary circumstances in markets for

6 ferromanganese;

7 (2) the disposal of ferromanganese under such

8 paragraph will not cause undue harm to domestic

9 manufacturers of ferroalloys; and

10 (3) the disposal of ferromanganese under such

11 paragraph is consistent with the requirements and

12 purpose of the National Defense Stockpile under the

13 Strategic and Critical Materials Stock Piling Act (50

14 U.S.C. 98 et seq.).

15 (d) DELEGATION OF RESPONSIBILITY.—The Sec16 retary of Defense and the Secretary of Commerce may

17 each delegate the responsibility of such Secretary under

18 subsection (c) to an appropriate official within the Depart19 ment of Defense or the Department of Commerce, as the

20 case may be.

21 (e) NATIONAL DEFENSE STOCKPILE DEFINED.—In

22 this section, the term ‘‘National Defense Stockpile’’ means

23 the stockpile provided for in section 4 of the Strategic and

24 Critical Materials Stock Piling Act (50 U.S.C. 98c).
†

757

S 2400 PP

1 SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES

2 FOR CERTAIN PREVIOUSLY AUTHORIZED DIS3 POSALS FROM THE NATIONAL DEFENSE

4 STOCKPILE.

5 Section 3303(a) of the Strom Thurmond National

6 Defense Authorization Act for Fiscal Year 1999 (50

7 U.S.C. 98d note) is amended—

8 (1) in paragraph (4), by striking ‘‘and’’ at the

9 end;

10 (2) in paragraph (5), by striking the period at

11 the end and inserting ‘‘; and’’; and

12 (3) by adding at the end the following new

13 paragraph:

14 ‘‘(6) $870,000,000 by the end of fiscal year

15 2014.’’.

16 SEC. 3303. PROHIBITION ON STORAGE OF MERCURY AT

17 CERTAIN FACILITIES.

18 (a) PROHIBITION.—The Secretary of Defense may

19 not store mercury from the National Defense Stockpile at

20 any facility that is not owned or leased by the United

21 States.

22 (b) NATIONAL DEFENSE STOCKPILE DEFINED.—In

23 this section, the term ‘‘National Defense Stockpile’’ means

24 the stockpile provided for in section 4 of the Strategic and

25 Critical Materials Stock Piling Act (50 U.S.C. 98c).
†

758

S 2400 PP

1 TITLE XXXIV—LOCAL LAW EN2 FORCEMENT ENHANCEMENT

3 ACT.

4 SEC. 3401. SHORT TITLE.

5 This title may be cited as the ‘‘Local Law Enforce6 ment Enhancement Act of 2004’’.

7 SEC. 3402. FINDINGS.

8 Congress makes the following findings:

9 (1) The incidence of violence motivated by the

10 actual or perceived race, color, religion, national ori11 gin, gender, sexual orientation, or disability of the

12 victim poses a serious national problem.

13 (2) Such violence disrupts the tranquility and

14 safety of communities and is deeply divisive.

15 (3) State and local authorities are now and will

16 continue to be responsible for prosecuting the over17 whelming majority of violent crimes in the United

18 States, including violent crimes motivated by bias.

19 These authorities can carry out their responsibilities

20 more effectively with greater Federal assistance.

21 (4) Existing Federal law is inadequate to ad22 dress this problem.

23 (5) The prominent characteristic of a violent

24 crime motivated by bias is that it devastates not just

25 the actual victim and the family and friends of the
†

759

S 2400 PP

1 victim, but frequently savages the community shar2 ing the traits that caused the victim to be selected.

3 (6) Such violence substantially affects interstate

4 commerce in many ways, including—

5 (A) by impeding the movement of members

6 of targeted groups and forcing such members to

7 move across State lines to escape the incidence

8 or risk of such violence; and

9 (B) by preventing members of targeted

10 groups from purchasing goods and services, ob11 taining or sustaining employment, or partici12 pating in other commercial activity.

13 (7) Perpetrators cross State lines to commit

14 such violence.

15 (8) Channels, facilities, and instrumentalities of

16 interstate commerce are used to facilitate the com17 mission of such violence.

18 (9) Such violence is committed using articles

19 that have traveled in interstate commerce.

20 (10) For generations, the institutions of slavery

21 and involuntary servitude were defined by the race,

22 color, and ancestry of those held in bondage. Slavery

23 and involuntary servitude were enforced, both prior

24 to and after the adoption of the 13th amendment to

25 the Constitution of the United States, through wide-
†

760

S 2400 PP

1 spread public and private violence directed at per2 sons because of their race, color, or ancestry, or per3 ceived race, color, or ancestry. Accordingly, elimi4 nating racially motivated violence is an important

5 means of eliminating, to the extent possible, the

6 badges, incidents, and relics of slavery and involun7 tary servitude.

8 (11) Both at the time when the 13th, 14th, and

9 15th amendments to the Constitution of the United

10 States were adopted, and continuing to date, mem11 bers of certain religious and national origin groups

12 were and are perceived to be distinct ‘‘races’’. Thus,

13 in order to eliminate, to the extent possible, the

14 badges, incidents, and relics of slavery, it is nec15 essary to prohibit assaults on the basis of real or

16 perceived religions or national origins, at least to the

17 extent such religions or national origins were re18 garded as races at the time of the adoption of the

19 13th, 14th, and 15th amendments to the Constitu20 tion of the United States.

21 (12) Federal jurisdiction over certain violent

22 crimes motivated by bias enables Federal, State, and

23 local authorities to work together as partners in the

24 investigation and prosecution of such crimes.
†

761

S 2400 PP

1 (13) The problem of crimes motivated by bias

2 is sufficiently serious, widespread, and interstate in

3 nature as to warrant Federal assistance to States

4 and local jurisdictions.

5 SEC. 3403. DEFINITION OF HATE CRIME.

6 In this title, the term ‘‘hate crime’’ has the same

7 meaning as in section 280003(a) of the Violent Crime

8 Control and Law Enforcement Act of 1994 (28 U.S.C.

9 994 note).

10 SEC. 3404. SUPPORT FOR CRIMINAL INVESTIGATIONS AND

11 PROSECUTIONS BY STATE AND LOCAL LAW

12 ENFORCEMENT OFFICIALS.

13 (a) ASSISTANCE OTHER THAN FINANCIAL ASSIST14 ANCE.—

15 (1) IN GENERAL.—At the request of a law en16 forcement official of a State or Indian tribe, the At17 torney General may provide technical, forensic, pros18 ecutorial, or any other form of assistance in the

19 criminal investigation or prosecution of any crime

20 that—

21 (A) constitutes a crime of violence (as de22 fined in section 16 of title 18, United States

23 Code);

24 (B) constitutes a felony under the laws of

25 the State or Indian tribe; and
†

762

S 2400 PP

1 (C) is motivated by prejudice based on the

2 race, color, religion, national origin, gender,

3 sexual orientation, or disability of the victim, or

4 is a violation of the hate crime laws of the State

5 or Indian tribe.

6 (2) PRIORITY.—In providing assistance under

7 paragraph (1), the Attorney General shall give pri8 ority to crimes committed by offenders who have

9 committed crimes in more than 1 State and to rural

10 jurisdictions that have difficulty covering the ex11 traordinary expenses relating to the investigation or

12 prosecution of the crime.

13 (b) GRANTS.—

14 (1) IN GENERAL.—The Attorney General may

15 award grants to assist State, local, and Indian law

16 enforcement officials with the extraordinary expenses

17 associated with the investigation and prosecution of

18 hate crimes.

19 (2) OFFICE OF JUSTICE PROGRAMS.—In imple20 menting the grant program, the Office of Justice

21 Programs shall work closely with the funded juris22 dictions to ensure that the concerns and needs of all

23 affected parties, including community groups and

24 schools, colleges, and universities, are addressed
†

763

S 2400 PP

1 through the local infrastructure developed under the

2 grants.

3 (3) APPLICATION.—

4 (A) IN GENERAL.—Each State that desires

5 a grant under this subsection shall submit an

6 application to the Attorney General at such

7 time, in such manner, and accompanied by or

8 containing such information as the Attorney

9 General shall reasonably require.

10 (B) DATE FOR SUBMISSION.—Applications

11 submitted pursuant to subparagraph (A) shall

12 be submitted during the 60-day period begin13 ning on a date that the Attorney General shall

14 prescribe.

15 (C) REQUIREMENTS.—A State or political

16 subdivision of a State or tribal official applying

17 for assistance under this subsection shall—

18 (i) describe the extraordinary pur19 poses for which the grant is needed;

20 (ii) certify that the State, political

21 subdivision, or Indian tribe lacks the re22 sources necessary to investigate or pros23 ecute the hate crime;

24 (iii) demonstrate that, in developing a

25 plan to implement the grant, the State, po-
†

764

S 2400 PP

1 litical subdivision, or tribal official has con2 sulted and coordinated with nonprofit, non3 governmental victim services programs

4 that have experience in providing services

5 to victims of hate crimes; and

6 (iv) certify that any Federal funds re7 ceived under this subsection will be used to

8 supplement, not supplant, non-Federal

9 funds that would otherwise be available for

10 activities funded under this subsection.

11 (4) DEADLINE.—An application for a grant

12 under this subsection shall be approved or dis13 approved by the Attorney General not later than 30

14 business days after the date on which the Attorney

15 General receives the application.

16 (5) GRANT AMOUNT.—A grant under this sub17 section shall not exceed $100,000 for any single ju18 risdiction within a 1 year period.

19 (6) REPORT.—Not later than December 31,

20 2005, the Attorney General shall submit to Congress

21 a report describing the applications submitted for

22 grants under this subsection, the award of such

23 grants, and the purposes for which the grant

24 amounts were expended.
†

765

S 2400 PP

1 (7) AUTHORIZATION OF APPROPRIATIONS.—

2 There is authorized to be appropriated to carry out

3 this subsection $5,000,000 for each of fiscal years

4 2005 and 2006.

5 SEC. 3405. GRANT PROGRAM.

6 (a) AUTHORITY TO MAKE GRANTS.—The Office of

7 Justice Programs of the Department of Justice shall

8 award grants, in accordance with such regulations as the

9 Attorney General may prescribe, to State and local pro10 grams designed to combat hate crimes committed by juve11 niles, including programs to train local law enforcement

12 officers in identifying, investigating, prosecuting, and pre13 venting hate crimes.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated such sums as may be

16 necessary to carry out this section.

17 SEC. 3406. AUTHORIZATION FOR ADDITIONAL PERSONNEL

18 TO ASSIST STATE AND LOCAL LAW ENFORCE19 MENT.

20 There are authorized to be appropriated to the De21 partment of the Treasury and the Department of Justice,

22 including the Community Relations Service, for fiscal

23 years 2005, 2006, and 2007 such sums as are necessary

24 to increase the number of personnel to prevent and re-
†

766

S 2400 PP

1 spond to alleged violations of section 249 of title 18,

2 United States Code, as added by section ll07.

3 SEC. 3407. PROHIBITION OF CERTAIN HATE CRIME ACTS.

4 (a) IN GENERAL.—Chapter 13 of title 18, United

5 States Code, is amended by adding at the end the fol6 lowing:

7 ‘‘§ 249. Hate crime acts

8 ‘‘(a) IN GENERAL.—

9 ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER10 CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI11 GIN.—Whoever, whether or not acting under color of

12 law, willfully causes bodily injury to any person or,

13 through the use of fire, a firearm, or an explosive or

14 incendiary device, attempts to cause bodily injury to

15 any person, because of the actual or perceived race,

16 color, religion, or national origin of any person—

17 ‘‘(A) shall be imprisoned not more than 10

18 years, fined in accordance with this title, or

19 both; and

20 ‘‘(B) shall be imprisoned for any term of

21 years or for life, fined in accordance with this

22 title, or both, if—

23 ‘‘(i) death results from the offense; or

24 ‘‘(ii) the offense includes kidnaping or

25 an attempt to kidnap, aggravated sexual
†

767

S 2400 PP

1 abuse or an attempt to commit aggravated

2 sexual abuse, or an attempt to kill.

3 ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER4 CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX5 UAL ORIENTATION, OR DISABILITY.—

6 ‘‘(A) IN GENERAL.—Whoever, whether or

7 not acting under color of law, in any cir8 cumstance described in subparagraph (B), will9 fully causes bodily injury to any person or,

10 through the use of fire, a firearm, or an explo11 sive or incendiary device, attempts to cause

12 bodily injury to any person, because of the ac13 tual or perceived religion, national origin, gen14 der, sexual orientation, or disability of any

15 person—

16 ‘‘(i) shall be imprisoned not more

17 than 10 years, fined in accordance with

18 this title, or both; and

19 ‘‘(ii) shall be imprisoned for any term

20 of years or for life, fined in accordance

21 with this title, or both, if—

22 ‘‘(I) death results from the of23 fense; or

24 ‘‘(II) the offense includes kid25 naping or an attempt to kidnap, ag-
†

768

S 2400 PP

1 gravated sexual abuse or an attempt

2 to commit aggravated sexual abuse, or

3 an attempt to kill.

4 ‘‘(B) CIRCUMSTANCES DESCRIBED.—For

5 purposes of subparagraph (A), the cir6 cumstances described in this subparagraph are

7 that—

8 ‘‘(i) the conduct described in subpara9 graph (A) occurs during the course of, or

10 as the result of, the travel of the defendant

11 or the victim—

12 ‘‘(I) across a State line or na13 tional border; or

14 ‘‘(II) using a channel, facility, or

15 instrumentality of interstate or for16 eign commerce;

17 ‘‘(ii) the defendant uses a channel, fa18 cility, or instrumentality of interstate or

19 foreign commerce in connection with the

20 conduct described in subparagraph (A);

21 ‘‘(iii) in connection with the conduct

22 described in subparagraph (A), the defend23 ant employs a firearm, explosive or incen24 diary device, or other weapon that has
†

769

S 2400 PP

1 traveled in interstate or foreign commerce;

2 or

3 ‘‘(iv) the conduct described in sub4 paragraph (A)—

5 ‘‘(I) interferes with commercial

6 or other economic activity in which

7 the victim is engaged at the time of

8 the conduct; or

9 ‘‘(II) otherwise affects interstate

10 or foreign commerce.

11 ‘‘(b) CERTIFICATION REQUIREMENT.—No prosecu12 tion of any offense described in this subsection may be

13 undertaken by the United States, except under the certifi14 cation in writing of the Attorney General, the Deputy At15 torney General, the Associate Attorney General, or any

16 Assistant Attorney General specially designated by the At17 torney General that—

18 ‘‘(1) he or she has reasonable cause to believe

19 that the actual or perceived race, color, religion, na20 tional origin, gender, sexual orientation, or disability

21 of any person was a motivating factor underlying the

22 alleged conduct of the defendant; and

23 ‘‘(2) he or his designee or she or her designee

24 has consulted with State or local law enforcement of-
†

770

S 2400 PP

1 ficials regarding the prosecution and determined

2 that—

3 ‘‘(A) the State does not have jurisdiction

4 or does not intend to exercise jurisdiction;

5 ‘‘(B) the State has requested that the Fed6 eral Government assume jurisdiction;

7 ‘‘(C) the State does not object to the Fed8 eral Government assuming jurisdiction; or

9 ‘‘(D) the verdict or sentence obtained pur10 suant to State charges left demonstratively

11 unvindicated the Federal interest in eradicating

12 bias-motivated violence.

13 ‘‘(c) DEFINITIONS.—In this section—

14 ‘‘(1) the term ‘explosive or incendiary device’

15 has the meaning given the term in section 232 of

16 this title; and

17 ‘‘(2) the term ‘firearm’ has the meaning given

18 the term in section 921(a) of this title.’’.

19 (b) TECHNICAL AND CONFORMING AMENDMENT.—

20 The analysis for chapter 13 of title 18, United States

21 Code, is amended by adding at the end the following:

‘‘249. Hate crime acts.’’.

22 SEC. 3408. DUTIES OF FEDERAL SENTENCING COMMISSION.

23 (a) AMENDMENT OF FEDERAL SENTENCING GUIDE24 LINES.—Pursuant to the authority provided under section

25 994 of title 28, United States Code, the United States
†

771

S 2400 PP

1 Sentencing Commission shall study the issue of adult re2 cruitment of juveniles to commit hate crimes and shall,

3 if appropriate, amend the Federal sentencing guidelines

4 to provide sentencing enhancements (in addition to the

5 sentencing enhancement provided for the use of a minor

6 during the commission of an offense) for adult defendants

7 who recruit juveniles to assist in the commission of hate

8 crimes.

9 (b) CONSISTENCY WITH OTHER GUIDELINES.—In

10 carrying out this section, the United States Sentencing

11 Commission shall—

12 (1) ensure that there is reasonable consistency

13 with other Federal sentencing guidelines; and

14 (2) avoid duplicative punishments for substan15 tially the same offense.

16 SEC. 3409. STATISTICS.

17 Subsection (b)(1) of the first section of the Hate

18 Crimes Statistics Act (28 U.S.C. 534 note) is amended

19 by inserting ‘‘gender,’’ after ‘‘race,’’.

20 SEC. 3410. SEVERABILITY.

21 If any provision of this title, an amendment made by

22 this title, or the application of such provision or amend23 ment to any person or circumstance is held to be unconsti24 tutional, the remainder of this title, the amendments made

25 by this title, and the application of the provisions of such
†

772

S 2400 PP

1 to any person or circumstance shall not be affected there2 by.

3 TITLE XXXV—ASSISTANCE TO

4 FIREFIGHTERS.

5 SEC. 3501. SHORT TITLE.

6 This title may be cited as the ‘‘Assistance to Fire7 fighters Act of 2004’’.

8 SEC. 3502. AUTHORITY OF SECRETARY OF HOMELAND SE9 CURITY FOR FIREFIGHTER ASSISTANCE PRO10 GRAM.

11 (a) IN GENERAL.—Subsection (b)(1) of section 33 of

12 the Federal Fire Prevention and Control Act of 1974 (15

13 U.S.C. 2229) is amended by striking ‘‘Director’’ in the

14 matter preceding subparagraph (A) and inserting ‘‘Sec15 retary of Homeland Security, in consultation with the Ad16 ministrator,’’.

17 (b) CONFORMING AMENDMENT.—Such section is fur18 ther amended by striking ‘‘Director’’ each place it appears

19 and inserting ‘‘Secretary of Homeland Security’’.

20 (c) TECHNICAL AMENDMENT.—The heading of sub21 section (b)(8) of such section is amended by striking ‘‘DI22 RECTOR’’ and inserting ‘‘SECRETARY’’.
†

773

S 2400 PP

1 SEC. 3503. GRANTS TO VOLUNTEER EMERGENCY MEDICAL

2 SERVICE ORGANIZATIONS.

3 (a) AUTHORITY TO AWARD GRANTS TO VOLUNTEER

4 EMERGENCY MEDICAL SERVICE SQUADS.—Paragraph

5 (1)(A) of section 33(b) of the Federal Fire Prevention and

6 Control Act of 1974 (15 U.S.C. 2229(b)) is amended by

7 inserting ‘‘or to volunteer emergency medical service orga8 nizations’’ after ‘‘fire departments’’.

9 (b) USE OF GRANT FUNDS.—Paragraph (3)(F) of

10 such section is amended by inserting ‘‘or volunteer emer11 gency medical service organizations that are not affiliated

12 with a for-profit entity’’ after ‘‘fire departments’’.

13 (c) SPECIAL RULE FOR APPLICATIONS FOR VOLUN14 TEER EMERGENCY MEDICAL SERVICES.—Paragraph (5)

15 of such section is amended by adding at the end, the fol16 lowing new subparagraph:

17 ‘‘(C) SPECIAL RULE FOR VOLUNTEER

18 EMERGENCY MEDICAL SERVICES.—The Sec19 retary of Homeland Security shall permit an

20 applicant seeking grant funds for volunteer

21 emergency medical services under paragraph

22 (3)(F) to use the same application form to seek

23 grant funds for one or more of the other pur24 poses set out in subparagraphs (A) through (O)

25 of paragraph (3).’’.
†

774

S 2400 PP

1 SEC. 3504. GRANTS FOR AUTOMATED EXTERNAL

2 DEFIBRILLATOR DEVICES.

3 Paragraph (3) of section 33(b) of the Federal Fire

4 Prevention and Control Act of 1974 (15 U.S.C. 2229(b))

5 is amended by adding at the end the following new sub6 paragraph:

7 ‘‘(O) To obtain automated external

8 defibrillator devices.’’.

9 SEC. 3405. CRITERIA FOR REVIEWING GRANT APPLICA10 TIONS.

11 Paragraph (2) of section 33(b) of the Federal Fire

12 Prevention and Control Act of 1974 (15 U.S.C. 2229(b))

13 is amended to read as follows:

14 ‘‘(2) CRITERIA AND REVIEW OF APPLICA15 TIONS.—

16 ‘‘(A) PRELIMINARY REVIEW CRITERIA.—

17 ‘‘(i) IN GENERAL.—The Secretary of

18 Homeland Security shall establish specific

19 criteria for the preliminary review of an

20 application submitted under this section. If

21 an application does not meet such criteria,

22 the application may not receive further

23 consideration for a grant under this sec24 tion.

25 ‘‘(ii) ANNUAL REVIEW OF CRITERIA.—

26 Not less often than once each year, the
†

775

S 2400 PP

1 Secretary of Homeland Security, in con2 sultation with the Administrator, shall con3 vene a meeting of individuals who are

4 members of a fire service and are recog5 nized for expertise in firefighting or in

6 emergency medical services provided by

7 fire services, and who are not employees of

8 the Federal Government for the purpose of

9 reviewing and proposing changes to the

10 criteria established under clause (i).

11 ‘‘(B) SELECTION THROUGH REVIEW BY

12 EXPERTS.—

13 ‘‘(i) REQUIREMENT FOR REVIEW.—

14 The Secretary of Homeland Security shall

15 award grants under this section based on

16 the review of applications for such grants

17 by a panel of fire service personnel ap18 pointed by a national organization recog19 nized for expertise in the operation and ad20 ministration of fire services.

21 ‘‘(ii) ROLE OF THE SECRETARY.—The

22 Secretary of Homeland Security shall pro23 vide for the administration of the review

24 panel described in clause (i) and shall en25 sure that an individual appointed to such
†

776

S 2400 PP

1 panel is a recognized expert in firefighting,

2 medical services provided by fire services,

3 fire prevention, or research on firefighter

4 safety.’’.

5 SEC. 3506. FINANCIAL ASSISTANCE FOR FIREFIGHTER

6 SAFETY PROGRAMS.

7 (a) AUTHORITY.—Paragraph (1)(B) of section 33(b)

8 of the Federal Fire Prevention and Control Act of 1974

9 (15 U.S.C. 2229(b)) is amended by inserting ‘‘and fire10 fighter safety’’ after ‘‘prevention’’.

11 (b) EXPANSION OF EXISTING PROGRAM.—

12 (1) FIREFIGHTER SAFETY ASSISTANCE.—Para13 graph (4) of such section is amended—

14 (A) in subparagraph (A)(ii), by striking

15 ‘‘organizations that are recognized’’ and all that

16 follows and inserting ‘‘organizations eligible

17 under subparagraph (B) for the purposes de18 scribed in subparagraph (C).’’; and

19 (B) by striking subparagraph (B), and in20 serting the following new subparagraphs:

21 ‘‘(B) ELIGIBILITY FOR ASSISTANCE.—An

22 organization may be eligible for assistance

23 under subparagraph (A)(ii), if such organiza24 tion is a national, State, local, or community

25 organization that is not a fire service and that
†

777

S 2400 PP

1 is recognized for experience and expertise with

2 respect to programs and activities that

3 promote—

4 ‘‘(i) fire prevention or fire safety; or

5 ‘‘(ii) the health and safety of fire6 fighting personnel.

7 ‘‘(C) USE OF FUNDS.—Assistance provided

8 under subparagraph (A)(ii) shall be used—

9 ‘‘(i) to carry out fire prevention pro10 grams; or

11 ‘‘(ii) to fund research to improve the

12 health and safety of firefighting personnel.

13 ‘‘(D) PRIORITY.—In selecting organiza14 tions described in subparagraph (B) to receive

15 assistance under this paragraph, the Secretary

16 of Homeland Security shall give priority—

17 ‘‘(i) to organizations that focus on

18 preventing injuries from fire to members of

19 groups at high risk of such injuries, with

20 an emphasis on children; and

21 ‘‘(ii) to organizations that focus on re22 searching methods to improve the health

23 and safety of firefighting personnel.

24 ‘‘(E) ALLOCATION OF FUNDS.—Not less

25 than 66 percent of the total amount of funds
†

778

S 2400 PP

1 made available in a fiscal year to carry out this

2 paragraph shall be made available of the pro3 grams described in subparagraph (A)(ii).’’.

4 (2) CONFORMING AMENDMENT.—The heading

5 of such paragraph is amended to read as follows:

6 ‘‘(4) FIRE PREVENTION AND FIREFIGHTER

7 SAFETY PROGRAMS.—’’.

8 (c) AVAILABILITY OF FUNDS FOR FIRE PREVENTION

9 AND FIREFIGHTER SAFETY PROGRAMS.—Paragraph

10 (4)(A) of such section, as amended by subsection (b), is

11 further amended in the matter preceding clause (i), by

12 striking ‘‘5 percent’’ and inserting ‘‘6 percent’’.

13 SEC. 3507. ASSISTANCE FOR APPLICATIONS.

14 Paragraph (5) of section 33(b) of the Federal Fire

15 Prevention and Control Act of 1974 (15 U.S.C. 2229(b)),

16 as amended by section 3(c), is further amended by adding

17 at the end the following new subparagraph:

18 ‘‘(D) ASSISTANCE TO PREPARE AN APPLI19 CATION.—The Secretary of Homeland Security

20 shall provide assistance with the preparation of

21 applications for grants under this section.’’.

22 SEC. 3508. REDUCED REQUIREMENTS FOR MATCHING

23 FUNDS.

24 (a) AMOUNT REQUIRED.—Paragraph (6) of section

25 33(b) of the Federal Fire Prevention and Control Act of
†

779

S 2400 PP

1 1974 (15 U.S.C. 2229(b)) is amended by striking sub2 paragraphs (A) and (B) and inserting the following:

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graphs (B) and (C), the Secretary of Homeland

5 Security may provide assistance under this sub6 section only if the applicant for such assistance

7 agrees to match 20 percent of such assistance

8 for any fiscal year with an equal amount of

9 non-Federal funds.

10 ‘‘(B) REQUIREMENT FOR SMALL COMMU11 NITY ORGANIZATIONS.—In the case of an appli12 cant whose personnel—

13 ‘‘(i) serve jurisdictions of 50,000 or

14 fewer residents, the percent applied under

15 the matching requirement of subparagraph

16 (A) shall be 10 percent; or

17 ‘‘(ii) serve jurisdictions of 20,000 or

18 fewer residents, the percent applied under

19 the matching requirement of subparagraph

20 (A) shall be 5 percent.’’.

21 (b) EXCEPTION.—Such paragraph, as amended by

22 subsection (a), is further amended by adding at the end

23 the following new subparagraph:

24 ‘‘(C) EXCEPTION.—No matching funds

25 may be required under this subsection for as-
†

780

S 2400 PP

1 sistance provided under subparagraph (A)(ii) of

2 paragraph (4) to an organization described in

3 subparagraph (B) of such paragraph.’’.

4 (c) SPECIAL RULE FOR REQUESTS FOR AUTOMATED

5 EXTERNAL DEFIBRILLATOR DEVICES.—Section 33(b) of

6 such Act is further amended by adding at the end the fol7 lowing new paragraph:

8 ‘‘(13) SPECIAL RULES FOR GRANTS FOR AUTO9 MATED EXTERNAL DEFIBRILLATOR DEVICES.—

10 ‘‘(A) LIMITATIONS.—The Secretary of

11 Homeland Security shall reduce the percentage

12 of non-Federal matching funds for a grant as

13 described in subparagraph (B) if—

14 ‘‘(i) the applicant is requesting grant

15 funds to obtain one or more automated ex16 ternal defibrillator devices, as authorized

17 by paragraph (3)(O);

18 ‘‘(ii) the award of such grant will re19 sult in the applicant possessing exactly one

20 such device for each first-due emergency

21 vehicle operated by the applicant;

22 ‘‘(iii) the applicant certifies to the

23 Secretary of Homeland Security that the

24 applicant possesses, at the time such appli25 cation is filed, a number of such devices
†

781

S 2400 PP

1 that is less than the number of first-due

2 emergency vehicles operated by the appli3 cant and that the applicant is capable of

4 storing, in a manner conducive to rapid

5 use, such devices on each such vehicle; and

6 ‘‘(iv) the applicant has not previously

7 received a grant under this subsection to

8 obtain such devices.

9 ‘‘(B) MATCHING REQUIREMENTS.—If an

10 applicant meets the criteria set out in clauses

11 (i), (ii), (iii), and (iv) of subparagraph (A), the

12 Secretary of Homeland Security shall reduce

13 the percentage of non-Federal matching funds

14 required by paragraph (6) by 2 percentage

15 points for all assistance requested in the appli16 cation submitted by such applicant.

17 ‘‘(C) FIRST-DUE DEFINED.—In this para18 graph, the term ‘first-due’ means the fire19 fighting and emergency medical services vehi20 cles that are utilized by a fire service for imme21 diate response to an emergency situation.’’.

22 SEC. 3509. GRANT RECIPIENT LIMITATIONS.

23 (a) LIMITATIONS ON GRANT AMOUNTS.—Subpara24 graph (A) of section 33(b)(10) of the Federal Fire Preven-
†

782

S 2400 PP

1 tion and Control Act of 1974 (15 U.S.C. 2229(b)(10)) is

2 amended to read as follows:

3 ‘‘(A) LIMITATIONS ON GRANT AMOUNT.—

4 ‘‘(i) GENERAL LIMITATION.—Subject

5 to clause (ii), a recipient of assistance

6 under this section may not receive in a fis7 cal year an amount of such assistance that

8 exceeds the greater of $2,250,000 or the

9 amount equal to 0.5 percent of the total

10 amount of funds appropriated for such as11 sistance for such fiscal year.

12 ‘‘(ii) LIMITATIONS ON BASIS OF POPU13 LATION.—Subject to clause (iii), a recipi14 ent of assistance under this section that

15 serves a jurisdiction of less than 1,000,000

16 individuals may not receive more than

17 $1,500,000 of such assistance for a fiscal

18 year, except that such a recipient that

19 serves a jurisdiction of less than 500,000

20 individuals may not receive more than

21 $1,000,000 of such assistance during a fis22 cal year.

23 ‘‘(iii) WAIVER.—With respect to as24 sistance provided in a fiscal year before fis25 cal year 2007, the Secretary of Homeland
†

783

S 2400 PP

1 Security, in consultation with the Adminis2 trator, may waive the limitations set out in

3 clause (ii) if the Secretary determines that

4 a waiver is warranted by an extraordinary

5 need for assistance for fire suppression ac6 tivities by a jurisdiction, whether such need

7 is caused by the likelihood of terrorist at8 tack, natural disaster, destructive fires oc9 curring over a large geographic area, or

10 some other cause.’’.

11 (b) LIMITATIONS ON GRANTS FOR VOLUNTEER

12 EMERGENCY MEDICAL SERVICES.—Such section, as

13 amended by subsection (a), is further amended by adding

14 at the end the following new subparagraph:

15 ‘‘(C) LIMITATIONS ON EXPENDITURES FOR

16 VOLUNTEER EMERGENCY MEDICAL SERVICES.—

17 Not more than 3.5 percent of the funds appro18 priated to provide grants under this section for

19 a fiscal year may be awarded to volunteer emer20 gency medical service organizations.’’.

21 SEC. 3510. OTHER CONSIDERATIONS.

22 Section 33(b) of the Federal Fire Prevention and

23 Control Act of 1974 (15 U.S.C. 2229(b)), as amended by

24 section 8, is amended by adding at the end the following

25 new paragraph:
†

784

S 2400 PP

1 ‘‘(14) OTHER CONSIDERATIONS.—In providing

2 assistance under this section, the Secretary of

3 Homeland Security shall—

4 ‘‘(A) consider the extent to which the re5 cipient of such assistance is able to enhance the

6 daily operations of a fire service and to improve

7 the protection of people and property from fire;

8 and

9 ‘‘(B) ensure that such assistance awarded

10 to a volunteer emergency medical service orga11 nization will not be used to provide emergency

12 medical services in a geographic area if such

13 services are adequately provided by a fire serv14 ice in such area.’’.

15 SEC. 3511. REPORTS TO CONGRESS.

16 (a) STUDY AND REPORT ON ASSISTANCE TO FIRE17 FIGHTERS.—

18 (1) STUDY.—The Secretary, in conjunction with

19 the National Fire Protection Association, shall con20 duct a study—

21 (A) to assess the types of activities that

22 are carried out by fire services;

23 (B) to determine whether the level of Fed24 eral funding made available to fire services is

25 adequate;
†

785

S 2400 PP

1 (C) to assess categories of services, includ2 ing emergency medical services, that are not

3 adequately provided by fire services on either

4 the national or State level; and

5 (D) to measure the effect, if any, of the as6 sistance provided under section 33 of the Fed7 eral Fire Prevention and Control Act of 1974

8 (15 U.S.C. 2229) on the needs of fire services

9 identified in the report submitted to Congress

10 under section 1701(b) of the Floyd D. Spence

11 National Defense Authorization Act for Fiscal

12 Year 2001 (as enacted into law by Public Law

13 106–398; 114 Stat. 1654A–363).

14 (2) REPORT.—Not later than 18 months after

15 the date of the enactment of this Act, the Secretary

16 shall submit to Congress a report on the findings of

17 the study described in paragraph (1).

18 (b) REPORT BY GAO.—Not later than 18 months

19 after the date of the enactment of this Act, the Comp20 troller General of the United States shall submit to Con21 gress a report on—

22 (1) the administration of the assistance pro23 vided under section 33 of the Federal Fire Preven24 tion and Control Act of 1974 (15 U.S.C. 2229); and
†

786

S 2400 PP

1 (2) the success of the Secretary in admin2 istering the Federal Emergency Management Agen3 cy.

4 (c) REPORT ON WAIVER OF AMOUNT LIMITA5 TIONS.—Not later than 18 months after the date of the

6 enactment of this Act, the Secretary shall submit to Con7 gress a report on the instances, if any, of the use of the

8 waiver authority set out in section 33(b)(10)(A)(iii) of the

9 Federal Fire Prevention and Control Act of 1974 (15

10 U.S.C. 2229(b)(10)(A)(iii)), as added by section 9.

11 (d) DEFINITIONS.—In this section:

12 (1) FIRE SERVICE.—The term ‘‘fire service’’

13 has the meaning given that term in section 4 of the

14 Federal Fire Prevention and Control Act of 1974

15 (15 U.S.C. 2203).

16 (2) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of Homeland Security.

18 SEC. 3512. TECHNICAL CORRECTIONS.

19 (a) REPEAL OF DUPLICATIVE DEFINITION.—Sub20 section (d) of section 33 of the Federal Fire Prevention

21 and Control Act of 1974 (15 U.S.C. 2229) is repealed.

22 (b) REDESIGNATIONS NECESSITATED BY DUPLICA23 TIVE NUMBERING.—The sections 33 and 34 of the Fed24 eral Fire Prevention and Control Act of 1974 (15 U.S.C.

25 2230 and 2231) that were added by sections 105 and 106
†

787

S 2400 PP

1 of Public Law 106–503 (114 Stat. 2301) are redesignated

2 as sections 34 and 35, respectively.

3 SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.

4 (a) FIREFIGHTER ASSISTANCE PROGRAMS.—Section

5 33(e) of the Federal Fire Prevention and Control Act of

6 1974 (15 U.S.C. 2229(e)) is amended by striking the first

7 sentence and inserting ‘‘There are authorized to be appro8 priated for the purposes of this section $900,000,000 for

9 fiscal year 2005, $950,000,000 for fiscal year 2006, and

10 $1,000,000,000 for each of the fiscal years 2007 through

11 2010.’’.

12 (b) STUDY ON ASSISTANCE TO FIREFIGHTERS.—

13 There are authorized to be appropriated to the Secretary

14 of Homeland Security $300,000 for fiscal year 2005 to

15 carry out the requirements of section 4011(a).

Passed the Senate June 23 (legislative day, June

22), 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2400

AN ACT

To authorize appropriations for fiscal year 2005 for

Armed Forces, and for other purposes.personnel strengths for such fiscal year for theties of the Department of Energy, to prescribefor military construction, and for defense activimilitary activities of the Department of Defense,

June 23 (legislative day, June 22), 2004

Ordered to be printed as passed