II 

Calendar No. 537

108TH CONGRESS 

2D SESSION H. R. 4200

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2004

Received; read twice and placed on the calendar 

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.
2

•HR 4200 PCS 

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 ‘‘National Defense Au5 thorization Act for Fiscal Year 2005’’. 

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

7 CONTENTS. 

8 (a) DIVISIONS.—This Act is organized into three divi9 sions as follows: 

10 (1) Division A—Department of Defense Au11 thorizations. 

12 (2) Division B—Military Construction Author13 izations. 

14 (3) Division C—Department of Energy Na15 tional Security Authorizations and Other Authoriza16 tions. 

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

18 this Act is as follows:

Sec. 1. Short title; findings. 

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

Sec. 3. Congressional defense committees.

DIVISION A—DEPARTMENT OF DEFENSE 

AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 
3

•HR 4200 PCS 

Subtitle B—Program Matters 

Sec. 111. Multiyear procurement authority for the light-weight 155-millimeter 

howitzer program. 

Sec. 112. DDG–51 modernization program. 

Sec. 113. Repeal of authority for pilot program for flexible funding of cruiser 

conversions and overhauls. 

Sec. 114. Force protection for asymmetric threat environment. 

Sec. 115. Allocation of equipment authorized by this title to be made on basis 

of units deployed or preparing to deploy. 

Sec. 116. Multiyear procurement authority for KC–767 tanker aircraft acquisition program. 

Sec. 117. Other matters relating to KC–767 tanker aircraft acquisition program. 

Sec. 118. Additional amount for patriot missile procurement. 

Sec. 119. Transfer of certain Army procurement funds. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Sec. 203. Program increases. 

Subtitle B—Program Requirements, Restrictions, and 

Limitations 

Sec. 211. Future Combat Systems program strategy. 

Sec. 212. Collaborative program for research and development of vacuum electronics technologies. 

Sec. 213. Annual Comptroller General report on Joint Strike Fighter program. 

Sec. 214. Amounts for United States Joint Forces Command to be derived only 

from Defense-wide amounts. 

Sec. 215. Space Based Radar. 

Sec. 216. Mark–54 Torpedo Product Improvement Program. 

Subtitle C—Missile Defense 

Sec. 221. Fielding of ballistic missile defense capabilities. 

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. Reimbursement of members of the Armed Forces who purchased protective body armor during shortage of defense stocks of body 

armor. 

Sec. 305. Reduction in authorization for Air Force operations and maintenance. 

Sec. 306. Elimination of backlog in processing forensic evidence collection kits 

and acquisition of sufficient stocks of such kits. 

Subtitle B—Environmental Provisions 
4

•HR 4200 PCS 

Sec. 311. Report regarding encroachment issues affecting Utah Test and 

Training Range, Utah. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Simplification of annual reporting requirements concerning funds expended for depot maintenance and repair workloads. 

Sec. 322. Repeal of annual reporting requirement concerning management of 

depot employees. 

Sec. 323. Public-private competition for work performed by civilian employees 

of Department of Defense. 

Sec. 324. Public-private competition pilot program. 

Sec. 325. Sense of Congress on equitable legal standing for civilian employees. 

Sec. 326. Competitive sourcing reporting requirement. 

Subtitle D—Information Technology 

Sec. 331. Preparation of Department of Defense plan for transition to Internet 

Protocol version 6. 

Sec. 332. Defense business enterprise architecture, system accountability, and 

conditions for obligation of funds for defense business system 

modernization. 

Sec. 333. Establishment of joint program office to improve interoperability of 

battlefield management command and control systems. 

Subtitle E—Readiness Reporting Requirements 

Sec. 341. Annual report on Department of Defense operation and financial support for military museums. 

Sec. 342. Report on Department of Defense programs for prepositioning of material and equipment. 

Subtitle F—Other Matters 

Sec. 351. Extension of Arsenal Support Program Initiative. 

Sec. 352. Limitation on preparation or implementation of Mid-Range Financial 

Improvement Plan. 

Sec. 353. Procurement of follow-on contracts for the operation of five Champion-class T-5 tank vessels. 

Sec. 354. Sense of Congress on America’s National World War I Museum. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

Sec. 404. Accounting and management of reserve component personnel performing active duty or full-time National Guard duty for operational support. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

Sec. 413. End strengths for military technicians (dual status). 
5

•HR 4200 PCS 

Sec. 414. Fiscal year 2005 limitation on number of non-dual status technicians. 

Subtitle C—Authorizations of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—General and Flag Officer Matters 

Sec. 501. Length of service for service chiefs. 

Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs of 

Naval Operations be selected from officers in the line of the 

Navy. 

Sec. 503. Increase in age limit for deferral of mandatory retirement for up to 

10 senior general and flag officers. 

Sec. 504. Increased flexibility for voluntary retirement for military officers. 

Sec. 505. Repeal of requirement that no more than 50 percent of active duty 

general and flag officers be in grades above brigadier general 

and rear admiral (lower half). 

Sec. 506. Revision to terms for assistants to the Chairman of the Joint Chiefs 

of Staff for National Guard and Reserve matters. 

Sec. 507. Succession for position of Chief, National Guard Bureau. 

Sec. 508. Title of Vice Chief of the National Guard Bureau changed to Director 

of the Joint Staff of the National Guard Bureau. 

Sec. 509. Two-year extension of authority to waive requirement that Reserve 

chiefs and National Guard Directors have significant joint duty 

experience. 

Sec. 510. Repeal of distribution requirements for Naval Reserve flag officers. 

Subtitle B—Other Officer Personnel Policy Matters 

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

Sec. 512. Mandatory retention on active duty to qualify for retirement pay. 

Sec. 513. Distribution in grade of Marine Corps Reserve officers in an active 

status in grades below brigadier general 

Sec. 514. Tuition assistance for officers. 

Subtitle C—Reserve Component Matters 

Sec. 521. Revision to statutory purpose of the reserve components. 

Sec. 522. Improved access to reserve component members for enhanced training. 

Sec. 523. Status under disability retirement system for reserve members released from active duty due to inability to perform within 30 

days of call to active duty. 

Sec. 524. Federal civil service military leave for Reserve and National Guard 

civilian technicians. 

Sec. 525. Expanded educational assistance authority for officers commissioned 

through ROTC program at military junior colleges. 

Sec. 526. Effect of appointment or commission as officer on eligibility for Selected Reserve education loan repayment program for enlisted 

members. 

Sec. 527. Number of Starbase academies in a State. 

Sec. 528. Comptroller General assessment of integration of active and reserve 

components of the Navy. 
6

•HR 4200 PCS 

Sec. 529. Operational activities conducted by the National Guard under authority of title 32. 

Sec. 530. Army program for assignment of active component advisers to units 

of the Selected Reserve. 

Subtitle D—Joint Officer Management 

Sec. 531. Strategic plan to link joint officer development to overall missions 

and goals of Department of Defense. 

Sec. 532. Joint requirements for promotion to flag or general officer grade. 

Sec. 533. Clarification of tours of duty qualifying as a joint duty assignment. 

Sec. 534. Reserve joint special officer qualification requirements. 

Subtitle E—Professional Military Education 

Sec. 541. Improvement to professional military education in the Department of 

Defense. 

Sec. 542. Ribbons to recognize completion of joint professional military education. 

Sec. 543. Increase in number of private-sector civilians who may be enrolled for 

instruction at National Defense University. 

Sec. 544. Requirement for completion of Phase I joint professional military 

education before promotion to colonel or Navy captain. 

Subtitle F—Other Education and Training Matters 

Sec. 551. College First delayed enlistment program. 

Sec. 552. Standardization of authority to confer degrees on graduates of Community College of the Air Force with authority for other 

schools of Air University. 

Sec. 553. Change in titles of heads of the Naval Postgraduate School. 

Sec. 554. Increase from two years to three years in period for which educational leave of absence may be authorized. 

Sec. 555. Correction to disparate treatment of disabilities sustained during accession training. 

Sec. 556. Prayer at military service academy activities. 

Sec. 557. Revision to conditions on service of officers as service academy superintendents. 

Sec. 558. Codification of prohibition on imposition of certain charges and fees 

at the service academies. 

Sec. 559. Qualifications of the dean of the faculty of United States Air Force 

Academy. 

Sec. 560A. Board of visitors of United States Air Force Academy. 

Sec. 560B. Establishment of college financial assistance program for District of 

Columbia National Guard. 

Subtitle G—Medals and Decorations and Special Promotions 

and Appointments 

Sec. 561. Separate military campaign medals to recognize service in Operation 

Enduring Freedom and service in Operation Iraqi Freedom. 

Sec. 562. Eligibility of all uniformed services personnel for National Defense 

Service Medal. 

Sec. 563. Authority to appoint Brigadier General Charles E. Yeager, United 

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

retired list. 
7

•HR 4200 PCS 

Sec. 564. Posthumous commission of William Mitchell in the grade of major 

general in the Army. 

Sec. 565. Requirements for award of combat infantryman badge and combat 

medical badge with respect to service in Korea after July 28, 

1953. 

Sec. 566. Army combat recognition ribbon. 

Subtitle H—Military Justice Matters 

Sec. 571. Review on how sexual offenses are covered by Uniform Code of Military Justice. 

Sec. 572. Service time not lost when confined in connection with trial if confinement excused as unavoidable. 

Sec. 573. Clarification of authority of military legal assistance counsel to provide military legal assistance without regard to licensing requirements. 

Subtitle I—Administrative and Management Matters 

Sec. 581. Three-year extension of limitation on reductions of personnel of agencies responsible for review and correction of military records. 

Sec. 582. Staffing and funding for Defense Prisoner of War/Missing Personnel 

office (DPMO). 

Sec. 583. Permanent ID cards for retiree dependents age 70 and older. 

Sec. 584. Authority to provide civilian clothing to members traveling in connection with medical evacuation. 

Sec. 585. Authority to accept donation of frequent traveler miles, credits, and 

tickets to facilitate rest and recuperation travel of deployed 

members of the Armed Forces and their families. 

Sec. 586. Limitation on amendment or cancellation of Department of Defense 

directive relating to reasonable access to military installations 

for certain personal commercial solicitation. 

Sec. 587. Annual identification of reasons for discharges from the Armed 

Forces during preceding fiscal year. 

Sec. 588. Authority for Federal recognition of National Guard commissioned 

officers appointed from former Coast Guard personnel. 

Sec. 589. Study of blended wing concept for the Air Force. 

Sec. 590. Continuation of impact aid assistance on behalf of dependents of certain members despite change in status of member. 

Subtitle J—Other Matters 

Sec. 591. Employment preferences for spouses of certain Department of Defense civilian employees subject to relocation agreements. 

Sec. 592. Repeal of requirement to conduct electronic voting demonstration 

project for the Federal election to be held in November 2004. 

Sec. 593. Examination of sexual assault in the Armed Forces by the defense 

task force established to examine sexual harassment and violence at the military service academies. 

Sec. 594. Renewal of pilot program for treating GED and home school diploma 

recipients as high school graduates for determinations of eligibility for enlistment. 

Sec. 595. Assistance to local educational agencies that benefit dependents of 

members of the Armed Forces and Department of Defense civilian employees. 
8

•HR 4200 PCS 

Sec. 596. Senior Reserve Officer Training Corps and recruiter access at institutions of higher education. 

Sec. 597. Reports on transformation milestones. 

Sec. 598. Department of Defense policy and procedures on prevention and response to sexual assaults involving members of the Armed 

Forces. 

Sec. 599. Authority for removal of remains of certain persons interred in 

United States military cemeteries overseas. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL 

BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Increase in basic pay for fiscal year 2005. 

Sec. 602. Authority to provide family separation basic allowance for housing. 

Sec. 603. Geographic basis for basic allowance for housing during short 

changes of station for professional military education or training. 

Sec. 604. Immediate lump-sum reimbursement for unusual nonrecurring expenses incurred by members serving outside continental United 

States. 

Sec. 605. Income replacement payments for Reserves experiencing extended and 

frequent mobilization for active duty service. 

Sec. 606. Authority for certain members deployed in combat zones to receive 

limited advances on their future basic pay. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

Sec. 612. Reduction in required service commitment to receive accession bonus 

for registered nurses. 

Sec. 613. Increase in maximum monthly rate authorized for hardship duty pay. 

Sec. 614. Termination of assignment incentive pay for members placed on terminal leave. 

Sec. 615. Consolidation of reenlistment and enlistment bonus authorities for 

regular and reserve components. 

Sec. 616. Revision of authority to provide foreign language proficiency pay. 

Sec. 617. Eligibility of reserve component members for critical skills retention 

bonus and expansion of authority to provide bonus. 

Sec. 618. Eligibility of new reserve component officers for accession or affiliation bonus for officers in critical skills. 

Sec. 619. Eligibility of reserve component members for incentive bonus for conversion to military occupational specialty to ease personnel 

shortage. 

Sec. 620. Availability of hazardous duty incentive pay for military firefighters. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Expansion of travel and transportation allowances to assist survivors 

of a deceased member to attend burial ceremony of the member. 

Sec. 632. Transportation of family members incident to the serious illness or 

injury of members of the uniformed services. 

Sec. 633. Reimbursement of members for certain lodging costs incurred in connection with student dependent travel. 
9

•HR 4200 PCS 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Computation of benefits under Survivor Benefit Plan for surviving 

spouses over age 62. 

Sec. 642. Open enrollment period for Survivor Benefit Plan commencing October 1, 2005. 

Sec. 643. Source of funds for Survivor Benefit Plan annuities for Department 

of Defense beneficiaries over age 62. 

Subtitle E—Commissary and Nonappropriated Fund 

Instrumentality Benefits 

Sec. 651. Consolidation and reorganization of legislative provisions regarding 

defense commissary system and exchanges and other morale, 

welfare, and recreation activities. 

Sec. 652. Consistent State treatment of Department of Defense Nonappropriated Fund Health Benefits Program. 

Sec. 653. Cooperation and assistance for qualified scouting organizations serving dependents of members of the Armed Forces and civilian 

employees overseas. 

Subtitle F—Other Matters 

Sec. 661. Repeal of requirement that members entitled to basic allowance for 

subsistence pay subsistence charges while hospitalized. 

Sec. 662. Clarification of education loans qualifying for education loan repayment program for reserve component health professions officers. 

Sec. 663. Survey and analysis of effect of extended and frequent mobilization 

of Reservists for active duty service on Reservist income. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Enhanced Benefits for Reserves 

Sec. 701. Demonstration project for TRICARE coverage for Ready Reserve 

members. 

Sec. 702. Comptroller General report on the cost and feasibility of providing 

private health insurance stipends for members of the Ready 

Reserves. 

Sec. 703. Improvement of medical services for activated members of the Ready 

Reserve and their families. 

Sec. 704. Modification of waiver of certain deductibles under TRICARE program. 

Sec. 705. Authority for payment by United States of additional amounts billed 

by health care providers to activated Reserve members. 

Sec. 706. Extension of transitional health care benefits after separation from 

active duty. 

Subtitle B—Other Benefits Improvements 

Sec. 711. Coverage of certain young children under TRICARE dental program. 

Sec. 712. Comptroller General report on provision of health and support services for exceptional family member program enrollees. 

Sec. 713. Exceptional eligibility for TRICARE prime remote. 

Sec. 714. Transition to home health care benefit under sub-acute care program. 
10

•HR 4200 PCS 

Sec. 715. Requirement relating to prescription drug benefits for medicare-eligible enrollees under defense health care plans. 

Sec. 716. Professional accreditation of military dentists. 

Sec. 717. Addition of certain unremarried former spouses to persons eligible for 

dental insurance plan of retirees of the uniformed services. 

Sec. 718. Waiver of collection of payments due from certain persons unaware 

of loss of CHAMPUS eligibility. 

Subtitle C—Planning, Programming, and Management 

Sec. 721. Pilot program for transformation of health care delivery. 

Sec. 722. Study of provision of travel reimbursement to hospitals for certain 

military disability retirees. 

Sec. 723. Study of mental health services. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION 

MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Amendments to General Contracting Authorities, 

Procedures, and Limitations 

Sec. 801. Rapid acquisition authority to respond to combat emergencies. 

Sec. 802. Defense acquisition workforce changes. 

Sec. 803. Limitation on task and delivery order contracts. 

Sec. 804. Funding for contract cancellation ceilings for certain multiyear procurement contracts. 

Sec. 805. Increased threshold for requiring contractors to provide specified employee information to cooperative agreement holders. 

Sec. 806. Extension of authority for use of simplified acquisition procedures. 

Sec. 807. Authority to adjust acquisition-related dollar thresholds for inflation. 

Subtitle B—United States Defense Industrial Base Provisions 

Sec. 811. Defense trade reciprocity. 

Sec. 812. Amendments to domestic source requirements. 

Sec. 813. Three-year extension of restriction on acquisition of polyacrylonitrile 

(PAN) carbon fiber from foreign sources. 

Sec. 814. Grant program for defense contractors to implement strategies to 

avoid outsourcing of jobs. 

Sec. 815. Preference for domestic freight forwarding services. 

Subtitle C—Other Acquisition Matters 

Sec. 821. Sustainment and modernization plans for existing systems while replacement systems are under development. 

Sec. 822. Review and demonstration project relating to contractor employees.

Sec. 823. Defense acquisition workforce limitation and reports. 

Sec. 824. Provision of information to Congress to enhance transparency in contracting. 

Sec. 825. Requirement to treat sureties in same manner as financing institutions when contractors default. 

Sec. 826. Provisions relating to creation of jobs in the United States by defense 

contractors. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION 

AND MANAGEMENT 
11

•HR 4200 PCS 

Sec. 901. Change in title of Secretary of the Navy to Secretary of the Navy 

and Marine Corps. 

Sec. 902. Transfer of Center for the Study of Chinese Military Affairs from 

National Defense University to United States-China Economic 

and Security Review Commission. 

Sec. 903. Transfer to Secretary of the Army of responsibility for Assembled 

Chemical Weapons Alternatives Program. 

Sec. 904. Modification of obligated service requirements under National Security Education Program. 

Sec. 905. Change of membership of certain councils. 

Sec. 906. Actions to prevent the abuse of detainees. 

Sec. 907. Responses to congressional inquiries. 

Sec. 908. Secretary of Defense guidance on identification and internal transmission of critical information. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Transfer authority. 

Sec. 1002. Budget justification documents for operation and maintenance. 

Sec. 1003. Retention of fees from intellectual property licenses. 

Sec. 1004. Authority to waive claims of the United States when amounts recoverable are less than costs of collection. 

Sec. 1005. Repeal of funding restrictions concerning development of medical 

countermeasures against biological warfare threats. 

Sec. 1006. Report on budgeting for exchange rates for foreign currency fluctuations. 

Sec. 1007. Fiscal year 2004 transfer authority. 

Sec. 1008. Report on amounts remitted and reimbursed during fiscal year 2004 

under section 1007 of Public Law 108–136. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1011. Authority for award of contracts for ship dismantling on net-cost 

basis. 

Sec. 1012. Independent study to assess cost effectiveness of the Navy ship construction program. 

Sec. 1013. Authority to transfer specified former naval vessels to certain foreign countries. 

Sec. 1014. Limitation on leasing of foreign-built vessels. 

Subtitle C—Sunken Military Craft 

Sec. 1021. Preservation of title to sunken military craft and associated contents. 

Sec. 1022. Prohibitions. 

Sec. 1023. Permits. 

Sec. 1024. Penalties. 

Sec. 1025. Liability for damages. 

Sec. 1026. Relationship to other laws. 

Sec. 1027. Encouragement of agreements with foreign countries. 

Sec. 1028. Definitions. 

Subtitle D—Counter-Drug Activities 
12

•HR 4200 PCS 

Sec. 1031. Continuation of authority to use Department of Defense funds for 

unified counterdrug and counterterrorism campaign in Colombia. 

Sec. 1032. Limitation on number of United States military personnel in Colombia. 

Subtitle E—Reports 

Sec. 1041. Study of continued requirement for two-crew manning for ballistic 

missile submarines. 

Sec. 1042. Study of effect on defense industrial base of elimination of United 

States domestic firearms manufacturing base. 

Sec. 1043. Study of extent and quality of training provided to members of the 

Armed Services to prepare for post-conflict operations. 

Subtitle F—Security Matters 

Sec. 1051. Use of National Driver Register for personnel security investigations 

and determinations. 

Sec. 1052. Standards for disqualification from eligibility for Department of Defense security clearance. 

Subtitle G—Transportation-Related Matters 

Sec. 1061. Use of military aircraft to transport mail to and from overseas locations. 

Sec. 1062. Reorganization and clarification of certain provisions relating to 

control and supervision of transportation within the Department of Defense. 

Sec. 1063. Determination of whether private air carriers are controlled by 

United States citizens for purposes of eligibility for Government contracts for transportation of passengers or supplies. 

Sec. 1064. Evaluation of whether to prohibit certain offers for transportation 

of security-sensitive cargo. 

Sec. 1065. Phased implementation of new program for transporting household 

goods of members of the Armed Forces. 

Subtitle H—Other Matters 

Sec. 1071. Two-year extension of authority of the Secretary of Defense to engage in commercial activities as security for intelligence collection activities abroad. 

Sec. 1072. Assistance for study of feasibility of biennial international air trade 

show in the United States and for initial implementation. 

Sec. 1073. Technical and clerical amendments. 

Sec. 1074. Commission on the long-term implementation of the new strategic 

posture of the United States. 

Sec. 1075. Liability protection for certain Department of Defense volunteers 

working in the maritime environment. 

Sec. 1076. Transfer of historic F3A-1 Brewster Corsair aircraft. 

Sec. 1077. Assignment of members to assist Bureau of Border Security and 

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

Sec. 1078. Authority to accept certain voluntary services. 

Sec. 1079. Transfer of excess department of defense personal property suitable 

for firefighting use to support Federal excess personal property 

program. 
13

•HR 4200 PCS 

Sec. 1080. Expansion of Department of Defense excess personal property disposal program to include health agencies. 

Sec. 1081. Placement of memorial in Arlington National Cemetery honoring 

noncitizens killed in the line of duty while serving in the Armed 

Forces of the United States. 

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN 

PERSONNEL 

Sec. 1101. Payment of Federal employee health benefit premiums for mobilized 

Federal employees. 

Sec. 1102. Foreign language proficiency pay. 

Sec. 1103. Pay parity for civilian intelligence personnel. 

Sec. 1104. Pay parity for senior executives in nonappropriated fund instrumentalities. 

Sec. 1105. Prohibition of unauthorized wearing or use of civilian medals or 

decorations. 

TITLE XII—MATTERS RELATING TO OTHER NATIONS 

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

War on Terrorism 

Sec. 1201. Documentation of conditions in Iraq under former dictatorial government as part of transition to post-dictatorial government. 

Sec. 1202. Support of military operations to combat terrorism. 

Sec. 1203. Commanders’ Emergency Response Program. 

Sec. 1204. Status of Iraqi security forces. 

Sec. 1205. Guidance and report required on contractors supporting deployed 

forces in Iraq. 

Sec. 1206. Findings and sense of Congress concerning Army Specialist Joseph 

Darby. 

Sec. 1207. Sense of Congress concerning the abuse of persons in custody in 

Iraq. 

Sec. 1208. Sense of Congress regarding limitation on use of funds for the reconstruction of Iraq. 

Sec. 1209. Sense of Congress on destruction of Abu Ghraib prison in Iraq. 

Subtitle B—Other Matters 

Sec. 1211. Assignment of allied naval personnel to submarine safety programs. 

Sec. 1212. Expansion of entities of the People’s Republic of China subject to 

certain presidential authorities when operating in the United 

States. 

Sec. 1213. Report by President on Global Peace Operations Initiative. 

Sec. 1214. Procurement sanctions against foreign persons that transfer certain 

defense articles and services to the People’s Republic of China. 

Sec. 1215. Military educational exchanges between senior officers and officials 

of the United States and Taiwan. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH 

STATES OF THE FORMER SOVIET UNION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Temporary authority to waive limitation on funding for chemical 

weapons destruction facility in Russia. 
14

•HR 4200 PCS 

TITLE XIV—EXPORT CONTROL AND 

COUNTERPROLIFERATION MATTERS 

Subtitle A—Export Controls 

Sec. 1401. Definitions under Arms Export Control Act. 

Sec. 1402. Exemption from licensing requirements for export of significant 

military equipment. 

Sec. 1403. Cooperative projects with friendly foreign countries. 

Sec. 1404. Licensing requirement for export of militarily critical technologies. 

Sec. 1405. Control of exports of United States weapons technology to the People’s Republic of China. 

Sec. 1406. Strengthening international export controls. 

Subtitle B—Counterproliferation Matters 

Sec. 1411. Defense international counterproliferation programs. 

Sec. 1412. Defense counterproliferation fellowship program. 

Subtitle C—Initiatives Relating to Countries of Former Soviet 

Union 

Sec. 1421. Silk Road initiative. 

Sec. 1422. Teller-Kurchatov nonproliferation fellowships. 

Sec. 1423. Collaboration to reduce the risks of a launch of Russian nuclear 

weapons. 

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE 

TO OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Sec. 1501. Purpose. 

Subtitle A—Authorization of Appropriations 

Sec. 1511. Army procurement. 

Sec. 1512. Navy and Marine Corps procurement. 

Sec. 1513. Air Force procurement. 

Sec. 1514. Defense-wide activities procurement. 

Sec. 1515. Operation and maintenance. 

Sec. 1516. Defense health program. 

Sec. 1517. Military personnel. 

Sec. 1518. Treatment as additional authorizations. 

Sec. 1519. Transfer authority. 

Sec. 1520. Designation of emergency authorizations. 

Subtitle B—Personnel Provisions 

Sec. 1531. Three-year increase in active Army strength levels. 

Sec. 1532. Three-year increase in active Marine Corps strength levels. 

Sec. 1533. Extension of increased rates for imminent danger pay and family 

separation allowance. 

Subtitle C—Financial Management Matters 

Sec. 1541. Revised funding methodology for military retiree health care benefits. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
15

•HR 4200 PCS 

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. 

TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Improvements to military family housing units. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

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

projects. 

TITLE XXVII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

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

by law. 

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

Sec. 2703. Extension and renewal of authorizations of certain fiscal year 2001 

projects. 

Sec. 2704. Effective date. 

TITLE XXVIII—GENERAL PROVISIONS 
16

•HR 4200 PCS 

Subtitle A—Military Construction Program and Military 

Family Housing Changes 

Sec. 2801. Increase in certain thresholds for carrying out unspecified minor 

military construction projects. 

Sec. 2802. Assessment of vulnerability of military installations to terrorist attack and annual report on military construction requirements 

related to antiterrorism and force protection. 

Sec. 2803. Change in threshold for congressional notification regarding use of 

operation and maintenance funds for facility repair. 

Sec. 2804. Reporting requirements regarding military family housing requirements for general officers and flag officers. 

Sec. 2805. Congressional notification of deviations from authorized cost variations for military construction projects and military family 

housing projects. 

Sec. 2806. Repeal of limitation on use of alternative authority for acquisition 

and improvement of military family housing. 

Sec. 2807. Temporary authority to accelerate design efforts for military construction projects carried out using design-build selection procedures. 

Sec. 2808. Exchange or sale of reserve component facilities to acquire replacement facilities. 

Sec. 2809. One-year extension of temporary, limited authority to use operation 

and maintenance funds for construction projects outside the 

United States. 

Sec. 2810. Consideration of combination of military medical treatment facilities 

and health care facilities of Department of Veterans Affairs. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Increase in certain thresholds for reporting real property transactions. 

Sec. 2812. Reorganization of existing administrative provisions relating to real 

property transactions. 

Sec. 2813. Treatment of money rentals from golf course at Rock Island Arsenal, Illinois. 

Sec. 2814. Number of contracts authorized department-wide under demonstration program on reduction in long-term facility maintenance 

costs. 

Sec. 2815. Repeal of Commission on Review of Overseas Military Facility 

Structure of the United States. 

Sec. 2816. Designation of Airmen Leadership School at Luke Air Force Base, 

Arizona, in honor of John J. Rhodes, a former minority leader 

of the House of Representatives. 

Sec. 2817. Elimination of reversionary interests clouding United States title to 

property used as Navy homeports. 

Sec. 2818. Report on feasibility of veterans memorial at Marine Corps Air Station, El Toro, California. 

Subtitle C—Base Closure and Realignment 

Sec. 2821. Two-year postponement of 2005 base closure and realignment round 

and submission of reports regarding future infrastructure requirements for the armed forces. 
17

•HR 4200 PCS 

Sec. 2822. Establishment of specific deadline for submission of revisions to 

force-structure plan and infrastructure inventory for next base 

closure round. 

Sec. 2823. Specification of final selection criteria for next base closure round. 

Sec. 2824. Requirement for unanimous vote of Defense Base Closure and Realignment Commission to add to or otherwise expand closure 

and realignment recommendations made by Secretary of Defense. 

Sec. 2825. Adherence to certain authorities on preservation of military depot 

capabilities during any subsequent round of base closures and 

realignments. 

Subtitle D—Land Conveyances 

PART I—ARMY CONVEYANCES

Sec. 2831. Transfer of administrative jurisdiction, Defense Supply Center, Columbus, Ohio. 

Sec. 2832. Land conveyance, Fort Hood, Texas. 

Sec. 2833. Land conveyance, Army National Guard Facility, Seattle, Washington. 

Sec. 2834. Modification of land exchange and consolidation, Fort Lewis, Washington. 

PART II—NAVY CONVEYANCES

Sec. 2841. Transfer of jurisdiction, Nebraska Avenue Naval Complex, District 

of Columbia. 

Sec. 2842. Land conveyance, Navy property, former Fort Sheridan, Illinois. 

Sec. 2843. Land exchange, Naval Air Station, Patuxent River, Maryland. 

PART III—AIR FORCE CONVEYANCES

Sec. 2851. Land exchange, Maxwell Air Force Base, Alabama. 

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL 

SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental management. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Program Authorizations, Restrictions, and 

Limitations 

Sec. 3111. Extension of authority for appointment of certain scientific, engineering, and technical personnel. 

Sec. 3112. Requirements for baseline of projects under Facilities and Infrastructure Recapitalization Program. 

Subtitle C—Other Matters 
18

•HR 4200 PCS 

Sec. 3131. Transfers and reprogrammings of National Nuclear Security Administration funds. 

Sec. 3132. National Academy of Sciences study on management by Department 

of Energy of high-level radioactive waste. 

Sec. 3133. Contract to review Waste Isolation Pilot Plant, New Mexico. 

Sec. 3134. Additional amount for defense site acceleration completion. 

Sec. 3135. Improvements to energy employees occupational illness compensation program. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 

BOARD 

Sec. 3201. Authorization. 

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 

Sec. 3301. Authorized uses of National Defense Stockpile funds. 

Sec. 3302. Relaxation of quantity restrictions on disposal of manganese ferro 

in National Defense Stockpile. 

Sec. 3303. Revision of earlier authority to dispose of certain materials in National Defense Stockpile. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for Maritime Administration. 

Sec. 3502. Extension of authority to provide war risk insurance for merchant 

marine vessels. 

TITLE XXXVI—SMALL BUSINESS ADMINISTRATION 

Sec. 3601. Addition of landscaping and pest control services to list of designated industry groups participating in the small business 

competitiveness demonstration program.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code.
19

•HR 4200 PCS 

1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 101. ARMY. 

7 Funds are hereby authorized to be appropriated for 

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

9 (1) For aircraft, $2,805,941,000. 

10 (2) For missiles, $1,414,321,000. 

11 (3) For weapons and tracked combat vehicles, 

12 $1,739,695,000. 

13 (4) For ammunition, $1,729,402,000. 

14 (5) For other procurement, $4,313,640,000. 

15 SEC. 102. NAVY AND MARINE CORPS. 

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 2005 for procurement for the Navy 

18 as follows: 

19 (1) For aircraft, $8,912,667,000. 

20 (2) For weapons, including missiles and tor21 pedoes, $2,253,454,000. 

22 (3) For ammunition, $870,840,000. 

23 (4) For shipbuilding and conversion, 

24 $10,120,027,000. 

25 (5) For other procurement, $4,876,725,000. 
20

•HR 4200 PCS 

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

2 be appropriated for fiscal year 2005 for procurement for 

3 the Marine Corps in the amount of $1,315,103,000. 

4 SEC. 103. AIR FORCE. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2005 for procurement for the Air Force as fol7 lows: 

8 (1) For aircraft, $13,649,174,000. 

9 (2) For ammunition, $1,396,457,000. 

10 (3) For missiles, $4,638,313,000. 

11 (4) For other procurement, $13,229,257,000. 

12 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2005 for Defense-wide procurement in the 

15 amount of $2,950,702,000.

16 Subtitle B—Program Matters 

17 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE 

18 LIGHT-WEIGHT 155–MILLIMETER HOWITZER 

19 PROGRAM. 

20 The Secretary of the Army and the Secretary of the 

21 Navy may, in accordance with section 2306b of title 10, 

22 United States Code, jointly enter into a multiyear con23 tract, beginning with the fiscal year 2005 program year, 

24 for procurement of the light-weight 155-millimeter how25 itzer.
21

•HR 4200 PCS 

1 SEC. 112. DDG–51 MODERNIZATION PROGRAM. 

2 (a) ACCELERATION OF MODERNIZATION PRO3 GRAM.—The Secretary of the Navy shall accelerate the 

4 program for in-service modernization of the DDG–51 class 

5 of destroyers. As part of that modernization program, the 

6 Secretary shall include additional emphasis on deter7 mining a means to reduce crew size from approximately 

8 300 to about 200. 

9 (b) REPORT.—Not later than March 31, 2005, the 

10 Secretary of the Navy shall submit to the congressional 

11 defense committees a report on the steps taken as of that 

12 date to carry out subsection (a).

13 SEC. 113. REPEAL OF AUTHORITY FOR PILOT PROGRAM 

14 FOR FLEXIBLE FUNDING OF CRUISER CON15 VERSIONS AND OVERHAULS. 

16 Section 126 of the National Defense Authorization 

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

18 1410; 10 U.S.C. 7291 note) is repealed. 

19 SEC. 114. FORCE PROTECTION FOR ASYMMETRIC THREAT 

20 ENVIRONMENT. 

21 (a) REQUIREMENT FOR ASYMMETRIC THREAT AS22 SESSMENT.—(1) The Secretary of Defense shall require 

23 the Secretary of each military department to perform an 

24 assessment of the survivability and suitability against 

25 asymmetrical threats of each of the following military sys26 tems under the jurisdiction of that Secretary: 
22

•HR 4200 PCS 

1 (A) Each manned ground system or war-fighter 

2 survivability system that may be required to deploy 

3 in an asymmetrical threat environment. 

4 (B) Each manned airborne system that may be 

5 required to deploy in an asymmetrical threat envi6 ronment. 

7 (2) For each system covered by paragraph (1), the 

8 Secretary concerned shall establish the key performance 

9 parameters for survivability and suitability against asym10 metric threats. 

11 (3) The assessments under paragraph (1) shall be 

12 completed not later than July 1, 2005. 

13 (4) The Secretary of each military department shall 

14 review annually the assessments under paragraph (1) con15 ducted by that Secretary to ensure that the assessments 

16 remains relevant to the asymmetric threat environment. 

17 (b) REQUIREMENT FOR FORCE PROTECTION.—(1) 

18 The Secretary of Defense shall require the Secretary of 

19 each military department, for each system covered by sub20 section (a)(1) under that Secretary’s jurisdiction, either 

21 to—

22 (A) take each of the force protection or surviv23 ability steps specified in paragraph (2); or 

24 (B) restrict the system from deployment to an 

25 asymmetrical threat environment. 
23

•HR 4200 PCS 

1 (2) The force protection or survivability steps for a 

2 system covered by subsection (a)(1) are the following: 

3 (A) Development of force protection or surviv4 ability enhancements for the system that meet the 

5 key performance parameters established for that sys6 tem under subsection (a)(2). 

7 (B) Budgeting for in-service modification pro8 grams for the system to provide force protection and 

9 survivability enhancements developed under subpara10 graph (A). 

11 (C) Development of tactics, techniques, and 

12 procedures for the system to maximize force protec13 tion and survivability. 

14 (c) WAIVER.—The Secretary of Defense may waive 

15 the applicability of subsection (b) to a system covered by 

16 subsection (a)(1) if the Secretary determines that, but for 

17 such a waiver, the Department would be unable to meet 

18 national security objectives. Whenever the Secretary 

19 makes such a determination and authorizes such a waiver, 

20 the Secretary shall submit notice of such waiver and of 

21 the Secretary’s determination and the reasons therefor in 

22 writing to the congressional defense committees. 

23 (d) REQUIREMENT FOR NEW DEVELOPMENT MILI24 TARY ACQUISITION PROGRAMS.—The Secretary of De25 fense shall require the Secretary of each military depart-
24

•HR 4200 PCS 

1 ment, for each military acquisition program that has not 

2 entered low-rate initial production as of the date of the 

3 enactment of this Act, to include in the development of 

4 that program—

5 (1) as part of the system requirements develop6 ment, assessments of war-fighter survivability and of 

7 system suitability against asymmetrical threats; and 

8 (2) as part of the documentation of system re9 quirements, requirements for key performance pa10 rameters for force protection and survivability. 

11 (e) ASYMMETRICAL THREAT ENVIRONMENT.—For 

12 purposes of this section, the term ‘‘asymmetrical threat 

13 environment’’, with respect to a manned system, means 

14 a security, stability, or peacekeeping operation in which 

15 the system is deployed or any other such environment in 

16 which an asymmetrical threat may exist (or, in the case 

17 of a manned airborne system, another such environment 

18 in which airborne operations would subject the system to 

19 a ground-based asymmetrical threat).

20 SEC. 115. ALLOCATION OF EQUIPMENT AUTHORIZED BY 

21 THIS TITLE TO BE MADE ON BASIS OF UNITS 

22 DEPLOYED OR PREPARING TO DEPLOY. 

23 The Secretary of Defense shall provide that, in the 

24 allocation to operational units of equipment acquired using 

25 funds authorized to be appropriated by this title, priority 
25

•HR 4200 PCS 

1 shall be given to units that are deployed to, or preparing 

2 to deploy to, Operation Iraqi Freedom or Operation En3 during Freedom, regardless of the status of those units 

4 as active, Guard, or reserve component units.

5 SEC. 116. MULTIYEAR PROCUREMENT AUTHORITY FOR KC–

6 767 TANKER AIRCRAFT ACQUISITION PRO7 GRAM. 

8 (a) MULTIYEAR PROCUREMENT AUTHORITY.—(1) 

9 The Secretary of the Air Force may, in accordance with 

10 section 2306b of title 10, United States Code, enter into 

11 a multiyear contract, beginning with the fiscal year 2005 

12 program year, for procurement of 80 KC–767 tanker air13 craft. 

14 (2) Notwithstanding subsection (k) of section 2306b 

15 of title 10, United States Code, a contract under this sub16 section may be for any period not in excess of eight pro17 gram years. 

18 (b) LIMITATION.—Subsection (b) of section 135 of 

19 the National Defense Authorization Act for Fiscal Year 

20 2004 (Public Law 108–136; 117 Stat. 1413; 10 U.S.C. 

21 2401a note) is repealed. 

22 (c) RELATIONSHIP TO PREVIOUS LAW.—The 

23 multiyear procurement authority in subsection (a) may 

24 not be executed under section 135 of the National Defense 

25 Authorization Act for Fiscal Year 2004 (Public Law 108–
26

•HR 4200 PCS 

1 136; 117 Stat. 1413; 10 U.S.C. 2401a note) or under sec2 tion 8159 of the Department of Defense Appropriations 

3 Act, 2002 (division A of Public Law 107–117).

4 SEC. 117. OTHER MATTERS RELATING TO KC–767 TANKER 

5 AIRCRAFT ACQUISITION PROGRAM. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that—

8 (1) aerial refueling capability for the Armed 

9 Forces is a critical combat force multiplier; 

10 (2) the Nation must expeditiously proceed with 

11 a program to replace the Air Force’s aging fleet of 

12 aerial refueling tankers; 

13 (3) in pursuing an aerial refueling tanker pro14 gram, the Department of Defense should take full 

15 advantage of the United States commercial aircraft 

16 production base; and 

17 (4) anyone suspected of involvement in im18 proper or illegal activities associated with such a 

19 program should be investigated and, if warranted, 

20 prosecuted to the fullest extent of the law. 

21 (b) REQUIREMENT FOR RENEGOTIATION OF CON22 TRACT.—The Secretary of the Air Force shall enter into 

23 one or more contracts for the Air Force multiyear tanker 

24 aircraft program no later than March 1, 2005, provided 

25 that any such contract is negotiated after June 1, 2004. 
27

•HR 4200 PCS 

1 (c) REVIEW BY OUTSIDE PANEL.—(1) The Secretary 

2 of Defense shall establish a panel of experts from outside 

3 the Department of Defense to review any proposed con4 tract for the multiyear tanker aircraft program. The panel 

5 shall be comprised of individuals who, by reason of edu6 cation, training, or experience, have expertise relevant to 

7 the evaluation of a proposed contract for the lease or pro8 curement of aircraft under that program. 

9 (2) The panel shall review any proposed contract for 

10 the multiyear tanker aircraft program to assess, and assist 

11 the Secretary of the Air Force in determining, whether 

12 the Air Force would under that contract obtain the best 

13 value for funds expended. The panel shall serve in what14 ever manner the Secretary of Defense determines is appro15 priate to provide an independent review of any such pro16 posed contract. The Secretary shall provide for the panel 

17 to make a determination of, and to advise the Secretary 

18 of the Air Force on, what would constitute a fair and rea19 sonable contract for that program. 

20 (d) REPORT.—The Secretary of Defense shall provide 

21 for the panel established under subsection (c) to submit 

22 a report providing the results of its review to the Secretary 

23 of the Air Force and the congressional defense commit24 tees. 
28

•HR 4200 PCS 

1 (e) MULTIYEAR TANKER AIRCRAFT PROGRAM DE2 FINED.—In this section, the term ‘‘multiyear tanker air3 craft program’’ means the program for—

4 (1) lease of no more than 20 aerial refueling 

5 aircraft for the Air Force authorized under section 

6 8159 of the Department of Defense Appropriations 

7 Act, 2002 (division A of Public Law 107–117; 115 

8 Stat. 2284), subject to section 135(a) of the Na9 tional Defense Authorization Act for Fiscal Year 

10 2004 (Public Law 108–136; 117 Stat. 1413); and 

11 (2) procurement of no more than 80 KC–767 

12 tanker aircraft for which a multiyear procurement 

13 contract is authorized by section 116(a) of this Act. 

14 (f) INTERPRETATION.—Section 134 of the National 

15 Defense Authorization Act for Fiscal Year 2004 (Public 

16 Law 108–136; 117 Stat. 1412) is amended by adding at 

17 the end the following new subsection: 

18 ‘‘(c) INTERPRETATION.—Nothing in subsection (b) or 

19 section 1111 of the Emergency Supplemental Appropria20 tions Act for Defense and for the Reconstruction of Iraq 

21 and Afghanistan, 2004 (Public Law 108–106; 117 Stat. 

22 1215) is intended to prohibit the Secretary of the Air 

23 Force from executing the program described in section 

24 135(a) of this Act and section 116 of the National Defense 

25 Authorization Act for Fiscal Year 2005.’’.
29

•HR 4200 PCS 

1 SEC. 118. ADDITIONAL AMOUNT FOR PATRIOT MISSILE 

2 PROCUREMENT. 

3 (a) ADDITIONAL AMOUNTS.—The amount in section 

4 101 for Army procurement, missiles, is hereby increased 

5 by $90,000,000, to be available for Patriot missiles. 

6 (b) OFFSETTING REDUCTIONS.—(1) The amount in 

7 section 101 for Other Support Space Programs is hereby 

8 decreased by $27,000,000, to be derived from Titan Space 

9 Boosters (SPACE). 

10 (2) The amount in section 301(4) for operation and 

11 maintenance, Air Force, is hereby reduced by 

12 $15,000,000, to be derived from the transportation work13 ing capital fund. 

14 (3) The amount in section 201(4) for research, devel15 opment, test, and evaluation, defense-wide, is hereby re16 duced by $48,000,000, to be derived from the Ballistic 

17 Missile Defense System Interceptor program element (PE 

18 63886C).

19 SEC. 119. TRANSFER OF CERTAIN ARMY PROCUREMENT 

20 FUNDS. 

21 (a) INCREASE FOR CERTAIN HELICOPTER ITEMS.—

22 The amount provided in section 101(1) for procurement 

23 of aircraft for the Army is hereby increased by 

24 $4,000,000, of which—

25 (1) $2,000,000 shall be available for procure26 ment of the Aircraft Wireless Intercom System; and 
30

•HR 4200 PCS 

1 (2) $2,000,000 shall be available for procure2 ment of bladefold kits for Apache Helicopters. 

3 (b) OFFSET.—The amount provided in section 

4 101(5) for Other Procurement, Army, is hereby reduced 

5 by $4,000,000, to be derived from amounts for Informa6 tion Systems.

7 TITLE II—RESEARCH, DEVELOP8 MENT, TEST, AND EVALUA9 TION

10 Subtitle A—Authorization of 

11 Appropriations 

12 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

13 Funds are hereby authorized to be appropriated for 

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

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

16 (1) For the Army, $9,478,164,000. 

17 (2) For the Navy, $16,047,841,000. 

18 (3) For the Air Force, $21,527,967,000. 

19 (4) For Defense-wide activities, 

20 $21,074,389,000, of which $305,135,000 is author21 ized for the Director of Operational Test and Eval22 uation. 
31

•HR 4200 PCS 

1 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH2 NOLOGY. 

3 (a) FISCAL YEAR 2005.—Of the amounts authorized 

4 to be appropriated by section 201, $11,067,698,000 shall 

5 be available for the Defense Science and Technology Pro6 gram, including basic research, applied research, and ad7 vanced technology development projects. 

8 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD9 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For 

10 purposes of this section, the term ‘‘basic research, applied 

11 research, and advanced technology development’’ means 

12 work funded in program elements for defense research and 

13 development under Department of Defense category 6.1, 

14 6.2, or 6.3.

15 SEC. 203. PROGRAM INCREASES. 

16 (a) NANO-COMPOSITE HARD-COAT FOR AIRCRAFT

17 CANOPIES.—The amount provided in section 201(2) for 

18 research development, test and evaluation, Navy, is hereby 

19 increased by $5,000,000, to be available for Nano-com20 posite hard-coat for aircraft canopies in Program Element 

21 0205633N. 

22 (b) COMMAND-AND-CONTROL SERVICE LEVEL MAN23 AGEMENT.—The amount provided in section 201(3) for 

24 research development, test and evaluation, Air Force, is 

25 hereby increased by $5,000,000, to be available for com26 mand-and-control service level management in Program 
32

•HR 4200 PCS 

1 Element 0207443F for best-commercial practices and en2 terprise wide architectures for military command-and-con3 trol applications. 

4 Subtitle B—Program Require5 ments, Restrictions, and Limita6 tions

7 SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY. 

8 (a) PROGRAM STRATEGY REQUIRED.—The Secretary 

9 of the Army shall establish and implement a program 

10 strategy for the Future Combat Systems acquisition pro11 gram of the Army. The purpose of the program strategy 

12 shall be to provide an effective, affordable, producible, and 

13 supportable military capability with a realistic schedule 

14 and a robust cost estimate. 

15 (b) ELEMENTS OF PROGRAM STRATEGY.—The pro16 gram strategy shall—

17 (1) require the release, at the design readiness 

18 review, of not less than 90 percent of engineering 

19 drawings for the building of prototypes; 

20 (2) require, before facilitating production or 

21 contracting for items with long lead times, that an 

22 acceptable demonstration be carried out of the per23 formance of the information network, including the 

24 performance of the Joint Tactical Radio System and 

25 the Warfighter Information Network-Tactical; and 
33

•HR 4200 PCS 

1 (3) require, before the initial production deci2 sion, that an acceptable demonstration be carried 

3 out of the collective capability of each system to 

4 meet system-of-systems requirements when inte5 grated with the information network. 

6 (c) REQUIRED SUBMISSIONS TO CONGRESS.—Before 

7 convening the Milestone B update for the Future Combat 

8 Systems acquisition program required by the Future Com9 bat Systems acquisition decision memorandum, the Under 

10 Secretary of Defense for Acquisition, Technology, and Lo11 gistics shall submit to Congress each of the following docu12 ments: 

13 (1) The independent cost estimate with respect 

14 to the program prepared by the cost analysis im15 provement group of the Office of the Secretary of 

16 Defense. 

17 (2) A report, prepared by an independent panel, 

18 on the maturity levels of the critical technologies 

19 with respect to the program, including an assess20 ment of those technologies that are likely to require 

21 a decision to use an alternative approach. 

22 (3) A report, prepared by the chief information 

23 officer of the Army, describing—

24 (A) the status of the development and inte25 gration of the network and the command, con-
34

•HR 4200 PCS 

1 trol, computers, communications, intelligence, 

2 surveillance, and reconnaissance components; 

3 and 

4 (B) the progress made toward meeting the 

5 requirements for network-centric capabilities as 

6 set forth by such officer. 

7 (4) A report identifying the key performance 

8 parameters with respect to the program, with all ob9 jectives and thresholds quantified, together with the 

10 supporting analytical rationale. 

11 (d) LIMITATION ON FUNDING.—(1) Except as pro12 vided in paragraph (2), the Secretary of the Army may 

13 not obligate, from amounts made available for fiscal year 

14 2005, more than $2,200,000,000 for the Future Combat 

15 Systems acquisition program. 

16 (2) The limitation in paragraph (1) shall not apply 

17 after the Secretary of the Army submits to Congress the 

18 Secretary’s certification that the Secretary has established 

19 and implemented the program strategy required by sub20 section (a).

21 SEC. 212. COLLABORATIVE PROGRAM FOR RESEARCH AND 

22 DEVELOPMENT OF VACUUM ELECTRONICS 

23 TECHNOLOGIES. 

24 (a) PROGRAM REQUIRED.—The Secretary of Defense 

25 shall establish a program for research and development 
35

•HR 4200 PCS 

1 in advanced vacuum electronics to meet the requirements 

2 of the Department of Defense electromagnetic systems. 

3 (b) DESCRIPTION OF PROGRAM.—The program 

4 under subsection (a) shall be carried out collaboratively 

5 by the Director of Defense Research and Engineering, the 

6 Secretary of the Navy, the Secretary of the Air Force, the 

7 Secretary of the Army, and other appropriate elements of 

8 the Department of Defense. The program shall include the 

9 following activities: 

10 (1) Activities needed for development and matu11 ration of advanced vacuum electronics technologies 

12 needed to meet the requirements of the Department 

13 of Defense. 

14 (2) Identification of legacy and developmental 

15 electromagnetic systems for use of advanced vacuum 

16 electronics under the program. 

17 (c) REPORT.—Not later than January 31, 2005, the 

18 Director of Defense Research and Engineering shall sub19 mit to the congressional defense committees a report on 

20 the implementation of the program under subsection (a). 

21 The report shall include the following: 

22 (1) Identification of the officer to have lead re23 sponsibility for carrying out the program. 
36

•HR 4200 PCS 

1 (2) A description of the management plan for 

2 the program and any agreements relating to that 

3 plan. 

4 (3) A schedule for the program. 

5 (4) Identification of the funding required for 

6 fiscal year 2006 and for the future-years defense 

7 program to carry out the program. 

8 (5) A list of program capability goals and objec9 tives. 

10 (d) FUNDING.—Of the funds authorized to be appro11 priated in section 201—

12 (1) $13,500,000 shall be available in program 

13 element 62771N for applied research in vacuum 

14 electronics; and 

15 (2) $5,000,000 shall be available in program 

16 element 63771N for advanced technology develop17 ment in vacuum electronics.

18 SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON 

19 JOINT STRIKE FIGHTER PROGRAM. 

20 (a) ANNUAL GAO REVIEW.—The Comptroller Gen21 eral shall conduct an annual review of the Joint Strike 

22 Fighter aircraft program and shall, not later than March 

23 15 of each year, submit to Congress a report on the results 

24 of the most recent review. With each such report, the 

25 Comptroller General shall submit a certification as to 
37

•HR 4200 PCS 

1 whether the Comptroller General has had access to suffi2 cient information to enable the Comptroller General to 

3 make informed judgments on the matters covered by the 

4 report. 

5 (b) MATTERS TO BE INCLUDED.—Each report on the 

6 Joint Strike Fighter aircraft program under subsection 

7 (a) shall include the following with respect to system devel8 opment and demonstration under the program: 

9 (1) The extent to which such system develop10 ment and demonstration is meeting established 

11 goals, including the goals established for perform12 ance, cost, and schedule. 

13 (2) The plan for such system development and 

14 demonstration (leading to production) for the fiscal 

15 year that begins in the year in which the report is 

16 submitted. 

17 (3) The Comptroller General’s conclusion re18 garding whether such system development and dem19 onstration (leading to production) is likely to be 

20 completed at a total cost not in excess of the amount 

21 specified (or to be specified) for such purpose in the 

22 Selected Acquisition report for the Joint Strike 

23 Fighter aircraft program under section 2432 of title 

24 10, United States Code, for the first quarter of the 
38

•HR 4200 PCS 

1 fiscal year during which the report of the Comp2 troller General is submitted. 

3 (c) REQUIREMENT TO SUPPORT ANNUAL GAO RE4 VIEW.—The Secretary of Defense and the prime con5 tractor for the Joint Strike Fighter aircraft program shall 

6 provide to the Comptroller General such information on 

7 that program as the Comptroller General considers nec8 essary to carry out the responsibilities of the Comptroller 

9 General under this section, including such information as 

10 is necessary for the purposes of subsection (b)(3). 

11 (d) TERMINATION.—No report is required under this 

12 section after the report that, under subsection (a), is re13 quired to be submitted not later than March 15, 2009.

14 SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES 

15 COMMAND TO BE DERIVED ONLY FROM DE16 FENSE-WIDE AMOUNTS. 

17 (a) IN GENERAL.—Chapter 9 of title 10, United 

18 States Code, is amended by adding at the end the fol19 lowing new section:

20 ‘‘§ 232. United States Joint Forces Command: 

21 amounts for research, development, test, 

22 and evaluation to be derived only from 

23 Defense-wide amounts 

24 ‘‘(a) REQUIREMENT.—Amounts for research, devel25 opment, test, and evaluation for the United States Joint 
39

•HR 4200 PCS 

1 Forces Command shall be derived only from amounts 

2 made available to the Department of Defense for Defense3 wide research, development, test, and evaluation. 

4 ‘‘(b) SEPARATE DISPLAY IN BUDGET.—Any amount 

5 in the budget submitted to Congress under section 1105 

6 of title 31 for any fiscal year for research, development, 

7 test, and evaluation for the United States Joint Forces 

8 Command shall be set forth under the account of the De9 partment of Defense for Defense-wide research, develop10 ment, test, and evaluation.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of such chapter is amended by adding 

13 at the end the following new item:

‘‘232. United States Joint Forces Command: amounts for research, development, test, and evaluation to be derived only from Defensewide amounts.’’.

14 SEC. 215. SPACE BASED RADAR. 

15 (a) LIMITATION.—In carrying out the Space Based 

16 Radar program, the Secretary of Defense may not author17 ize that program to proceed into the system development 

18 and procurement phase referred to as Milestone B until 

19 the Secretary—

20 (1) submits to the congressional defense com21 mittees, the Permanent Select Committee on Intel22 ligence of the House of Representatives, and the Se23 lect Committee on Intelligence of the Senate a re24 port described in subsection (b); and 
40

•HR 4200 PCS 

1 (2) a period of 30 days has elapsed after the 

2 date on which such report is submitted. 

3 (b) REPORT.—A report under this subsection is a re4 port on the Space Based Radar program in which the Sec5 retary of Defense sets forth the following with respect to 

6 that program: 

7 (1) A description of the technical system con8 cept selected. 

9 (2) A description of the concept of operations 

10 associated with the technical system concept se11 lected. 

12 (3) An independent cost estimate for develop13 ment and procurement under the program. 

14 (4) The acquisition strategy for the program. 

15 SEC. 216. MARK–54 TORPEDO PRODUCT IMPROVEMENT 

16 PROGRAM. 

17 Of the amount provided in section 201 for research, 

18 development, test, and evaluation for the Navy, 

19 $2,000,000 within the budget line designated as line 120 

20 shall be available for the Mark-54 Torpedo Product Im21 provement Program.
41

•HR 4200 PCS 

1 Subtitle C—Ballistic Missile 

2 Defense 

3 SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA4 BILITIES. 

5 (a) AUTHORITY.—Funds described in subsection (b) 

6 may, upon approval by the Secretary of Defense, be used 

7 for the development and fielding of ballistic missile defense 

8 capabilities. 

9 (b) COVERED FUNDS.—Subsection (a) applies to 

10 funds appropriated for fiscal year 2005 or fiscal year 2006 

11 for research, development, test, and evaluation for the 

12 Missile Defense Agency.

13 TITLE III—OPERATION AND 

14 MAINTENANCE

15 Subtitle A—Authorization of 

16 Appropriations 

17 SECTION 301. OPERATION AND MAINTENANCE FUNDING. 

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 expenses, not otherwise provided for, for operation and 

22 maintenance, in amounts as follows: 

23 (1) For the Army, $25,838,611,000. 

24 (2) For the Navy, $29,523,490,000. 

25 (3) For the Marine Corps, $3,637,615,000. 
42

•HR 4200 PCS 

1 (4) For the Air Force, $27,143,566,000. 

2 (5) For Defense-wide activities, 

3 $17,317,406,000. 

4 (6) For the Army Reserve, $2,003,728,000. 

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

6 (8) For the Marine Corps Reserve, 

7 $188,696,000

8 (9) For the Air Force Reserve, $2,226,790,000

9 (10) For the Army National Guard, 

10 $4,425,686,000. 

11 (11) For the Air National Guard, 

12 $4,448,938,000. 

13 (12) For the United States Court of Appeals 

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

15 (13) For Environmental Restoration, Army, 

16 $400,948,000. 

17 (14) For Environmental Restoration, Navy, 

18 $266,820,000. 

19 (15) For Environmental Restoration, Air Force, 

20 $397,368,000. 

21 (16) For Environmental Restoration, Defense22 wide, $23,684,000

23 (17) For Environmental Restoration, Formerly 

24 Used Defense Sites, $216,516,000. 
43

•HR 4200 PCS 

1 (18) For Overseas Humanitarian, Disaster, and 

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

3 (19) For Cooperative Threat Reduction pro4 grams, $409,200,000. 

5 (20) For the Overseas Contingency Operations 

6 Transfer Fund, $5,000,000. 

7 (21) For the Defense Industrial Base Capabili8 ties Fund, $50,000,000

9 SEC. 302. WORKING CAPITAL FUNDS. 

10 Funds are hereby authorized to be appropriated for 

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

12 activities and agencies of the Department of Defense for 

13 providing capital for working capital and revolving funds 

14 in amounts as follows: 

15 (1) For the Defense Working Capital Funds, 

16 $372,886,000. 

17 (2) For the National Defense Sealift Fund, 

18 $1,219,252,000. 

19 (3) For the Defense Working Capital Fund, 

20 Defense Commissary, $1,175,000,000

21 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

22 (a) DEFENSE HEALTH PROGRAM.—Funds are here23 by authorized to be appropriated for the Department of 

24 Defense for fiscal year 2005 for expenses, not otherwise 
44

•HR 4200 PCS 

1 provided for, for the Defense Health Program, 

2 $17,811,586,000, of which—

3 (1) $17,374,544,000 is for Operation and 

4 Maintenance; 

5 (2) $72,407,000 is for Research, Development, 

6 Test, and Evaluation; and 

7 (3) $364,635,000 is for Procurement. 

8 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC9 TION, DEFENSE.—(1) Funds are hereby authorized to be 

10 appropriated for the Department of Defense for fiscal year 

11 2005 for expenses, not otherwise provided for, for Chem12 ical Agents and Munitions Destruction, Defense, 

13 $1,371,990,000, of which—

14 (A) $1,138,801,000 is for Operation and Main15 tenance; 

16 (B) $154,209,000 is for Research, Develop17 ment, Test, and Evaluation; and 

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

19 (2) Amounts authorized to be appropriated under 

20 paragraph (1) are authorized for—

21 (A) the destruction of lethal chemical agents 

22 and munitions in accordance with section 1412 of 

23 the Department of Defense Authorization Act, 1986 

24 (50 U.S.C. 1521); and 
45

•HR 4200 PCS 

1 (B) the destruction of chemical warfare mate2 riel of the United States that is not covered by sec3 tion 1412 of such Act. 

4 (c) DRUG INTERDICTION AND COUNTER-DRUG AC5 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

6 to be appropriated for the Department of Defense for fis7 cal year 2005 for expenses, not otherwise provided for, for 

8 Drug Interdiction and Counter-Drug Activities, Defense9 wide, $852,697,000. 

10 (d) DEFENSE INSPECTOR GENERAL.—Funds are 

11 hereby authorized to be appropriated for the Department 

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

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

14 the Department of Defense, $193,562,000, of which—

15 (1) $191,362,000 is for Operation and Mainte16 nance; 

17 (2) $2,100,000 is for Research, Development, 

18 Test, and Evaluation; and 

19 (3) $100,000 is for Procurement. 

20 SEC. 304. REIMBURSEMENT OF MEMBERS OF THE ARMED 

21 FORCES WHO PURCHASED PROTECTIVE 

22 BODY ARMOR DURING SHORTAGE OF DE23 FENSE STOCKS OF BODY ARMOR. 

24 (a) REIMBURSEMENT AUTHORIZED.—The Secretary 

25 of Defense may reimburse a member of the Armed Forces 
46

•HR 4200 PCS 

1 for the cost of protective body armor purchased by the 

2 member, or by another person on behalf of the member, 

3 for use by the member while deployed in connection with 

4 Operation Noble Eagle, Operation Enduring Freedom, or 

5 Operation Iraqi Freedom if the member was not issued 

6 protective body armor before the member became engaged 

7 in operations in areas or situations described in section 

8 310(a)(2) of title 37, United States Code. 

9 (b) DURATION OF AUTHORITY.—Reimbursement 

10 may be provided under subsection (a) for protective body 

11 armor purchased during the period beginning on Sep12 tember 11, 2001, and ending on December 31, 2003. Not 

13 later than 60 days after the date of the enactment of this 

14 Act, the Secretary shall implement regulations to expedite 

15 the provision of such reimbursement.

16 SEC. 305. REDUCTION IN AUTHORIZATION FOR AIR FORCE 

17 OPERATIONS AND MAINTENANCE. 

18 The amount authorized to be appropriated in section 

19 301(4) is hereby reduced by $10,000,000, to be derived 

20 from the transportation working capital fund. 
47

•HR 4200 PCS 

1 SEC. 306. ELIMINATION OF BACKLOG IN PROCESSING FO2 RENSIC EVIDENCE COLLECTION KITS AND 

3 ACQUISITION OF SUFFICIENT STOCKS OF 

4 SUCH KITS. 

5 The Secretary of Defense shall take such steps as 

6 may be necessary to eliminate the current backlog in the 

7 processing of forensic evidence collection kits used by the 

8 Department of Defense, to shorten the time period be9 tween the use of such kits and their processing in the fu10 ture, and to ensure an adequate supply of such kits for 

11 all domestic and overseas United States military installa12 tions, including the military service academies, and for 

13 units of the Armed Forces deployed in theaters of oper14 ation. 

15 Subtitle B—Environmental 

16 Provisions 

17 SEC. 311. REPORT REGARDING ENCROACHMENT ISSUES 

18 AFFECTING UTAH TEST AND TRAINING 

19 RANGE, UTAH. 

20 (a) REPORT REQUIRED.—The Secretary of the Air 

21 Force shall prepare a report that outlines current and an22 ticipated encroachments on the use and utility of the spe23 cial use airspace of the Utah Test and Training Range 

24 in the State of Utah, including encroachments brought 

25 about through actions of other Federal agencies. The Sec26 retary shall include such recommendations as the Sec-
48

•HR 4200 PCS 

1 retary considers appropriate regarding any legislative ini2 tiatives necessary to address encroachment problems iden3 tified by the Secretary in the report. 

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

5 year after the date of the enactment of this Act, the Sec6 retary shall submit the report to the Committee on Armed 

7 Services of the House of Representatives and the Com8 mittee on Armed Services of the Senate. 

9 Subtitle C—Workplace and Depot 

10 Issues 

11 SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING RE12 QUIREMENTS CONCERNING FUNDS EX13 PENDED FOR DEPOT MAINTENANCE AND RE14 PAIR WORKLOADS. 

15 Subsection (d) of section 2466 of title 10, United 

16 States Code, is amended to read as follows: 

17 ‘‘(d) ANNUAL REPORT AND REVIEW.—(1) Not later 

18 than April 1 of each year, the Secretary of Defense shall 

19 submit to Congress a report identifying, for each of the 

20 armed forces (other than the Coast Guard) and each De21 fense Agency, the percentage of the funds referred to in 

22 subsection (a) that was expended during the preceding fis23 cal year, and are projected to be expended in the current 

24 fiscal year and next fiscal year, for performance of depot-
49

•HR 4200 PCS 

1 level maintenance and repair workloads by the public and 

2 private sectors. 

3 ‘‘(2) Not later than 60 days after the date on which 

4 the Secretary submits a report under paragraph (1), the 

5 Comptroller General shall submit to Congress the Comp6 troller General’s views on whether—

7 ‘‘(A) the Department of Defense has complied 

8 with the requirements of subsection (a) during the 

9 preceding fiscal year covered by the report; and 

10 ‘‘(B) the expenditure projections for the current 

11 fiscal year and next fiscal year are reasonable.’’. 

12 SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT 

13 CONCERNING MANAGEMENT OF DEPOT EM14 PLOYEES. 

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

16 Code, is amended—

17 (1) by striking ‘‘(a) PROHIBITION ON MANAGE18 MENT BY END STRENGTH.—’’; and 

19 (2) by striking subsection (b). 

20 (b) CLERICAL AMENDMENTS.—(1) The heading of 

21 such section is amended to read as follows: 
50

•HR 4200 PCS 

1 ‘‘§ 2472. Prohibition on management of depot employ2 ees by end strength’’. 

3 (2) The table of sections at the beginning of chapter 

4 146 of such title is amended by striking the item relating 

5 to section 2472 and inserting the following new item:

‘‘2472. Prohibition on management of depot employees by end strength.’’.

6 SEC. 323. PUBLIC-PRIVATE COMPETITION FOR WORK PER7 FORMED BY CIVILIAN EMPLOYEES OF DE8 PARTMENT OF DEFENSE. 

9 (a) IN GENERAL.—Section 2461(b) of title 10, 

10 United States Code, is amended by adding at the end the 

11 following new paragraph:

12 ‘‘(5)(A) A function of the Department of Defense 

13 performed by 10 or more civilian employees may not be 

14 converted, in whole or in part, to performance by a con15 tractor unless, the conversion is based on the results of 

16 a public-private competition process that—

17 ‘‘(i) formally compares the cost of civilian em18 ployee performance of the function with the costs of 

19 performance by a contractor; 

20 ‘‘(ii) creates an agency tender, including a most 

21 efficient organization plan, in accordance with Office 

22 of Management and Budget Circular A–76, as im23 plemented on May 29, 2003; 

24 ‘‘(iii) determines whether the submitted offers 

25 meet the needs of the Department of Defense with 
51

•HR 4200 PCS 

1 respect to factors other than cost, including quality 

2 and reliability; 

3 ‘‘(iv) requires continued performance of the 

4 function by civilian employees if the cost of perform5 ance of the function by a contractor would, over all 

6 performance periods required by the solicitation, cost 

7 less than—

8 ‘‘(I) 10 percent of the personnel-related 

9 costs for performance of that activity or func10 tion in the agency tender; or 

11 ‘‘(II) $10,000,000; and 

12 ‘‘(v) provides no advantage to an offeror for a 

13 proposal to reduce costs for the Department of De14 fense by—

15 ‘‘(I) not making an employer-sponsored 

16 health insurance plan available to the workers 

17 who are to be employed in the performance of 

18 such function under a contract; or 

19 ‘‘(II) offering to such workers an em20 ployer-sponsored health benefits plan that re21 quires the employer to contribute less towards 

22 the premium or subscription share than that 

23 which is paid by the Department of Defense for 

24 health benefits for civilian employees under 

25 chapter 89 of title 5. 
52

•HR 4200 PCS 

1 ‘‘(B) Any modification, reorganization, division, or 

2 other change in the organization of a function of the De3 partment of Defense so that is performed by less than 10 

4 civilian employees of the Department of Defense and, 

5 therefore, excluded from subparagraph (A), is prohibited. 

6 ‘‘(C) Any function that is performed by civilian em7 ployees of the Department of Defense and is proposed to 

8 be reengineered, reorganized, modernized, upgraded, ex9 panded, or changed in order to become more efficient, but 

10 the civilian employees would still provide essentially the 

11 same service, is subject to the competition requirement in 

12 subparagraph (A). 

13 ‘‘(D) The cost savings requirement specified in sub14 paragraph (A) does not apply to any contracts for special 

15 studies and analyses, construction services, architectural 

16 services, medical services, scientific and technical services 

17 related to (but not in support of) research and develop18 ment, and depot-level maintenance and repair services. 

19 ‘‘(E) The Secretary of Defense may waive the com20 petition requirement in specific instances if—

21 ‘‘(i) the written waiver is prepared by the Sec22 retary of Defense, or the relevant Assistant Sec23 retary or agency head; 

24 ‘‘(ii) the written waiver is accompanied by a de25 tailed determination that national security interests 
53

•HR 4200 PCS 

1 are so compelling as to preclude compliance with the 

2 requirement for a public-private competition; and 

3 ‘‘(iii) a copy of the waiver is published in the 

4 Federal Register within 10 working days after the 

5 date on which the waiver is invoked, although use of 

6 the waiver need not be delayed until its publica7 tion.’’. 

8 (b) RELATION TO PILOT PROGRAM.—Paragraph (5) 

9 of section 2461(b) of title 10, United States Code, as 

10 added by subsection (a) shall not apply with respect to 

11 the pilot program for best-value source selection for per12 formance of information technology services authorized by 

13 section 336 of the National Defense Authorization Act for 

14 Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1444; 

15 10 U.S.C. 2461 note). 

16 SEC. 324. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM. 

17 (a) PURPOSE.—The Secretary of Defense shall estab18 lish a pilot program to examine the use of the public-pri19 vate competition process of Office of Management and 

20 Budget Circular A–76 on new requirements, as defined 

21 by such Circular, and functions currently being performed 

22 by contractors that could be performed by civilian employ23 ees. 
54

•HR 4200 PCS 

1 (b) DURATION.—The Secretary of Defense shall 

2 carry out the pilot program during fiscal years 2005 and 

3 2006. 

4 (c) REQUIREMENT FOR PUBLIC-PRIVATE COMPETI5 TION FOR NEW WORK.—(1) By the end of the pilot 

6 project, the Secretary of Defense shall have allowed civil7 ian employees to compete through the standard competi8 tion process of Office of Management and Budget Circular 

9 A–76 for new requirements, as defined by such Circular, 

10 that are approximately one-tenth in value of the funds 

11 spent by the Department of Defense during the two fiscal 

12 years of the pilot project on all functions that are consid13 ered new requirements, as defined by such Circular. 

14 (2) The Department of Defense shall not receive 

15 credit towards compliance with the pilot program for sub16 jecting to public-private competition—

17 (A) any contract to be awarded to small busi18 ness concerns that meet the requirements under sec19 tion 3(a) of the Small Business Act (15 U.S.C. 

20 632(a)) and regulations under that section; 

21 (B) any contract to be performed by contractor 

22 employees who are represented by a private sector 

23 labor union; or 

24 (C) any contract related to special studies and 

25 analyses, construction services, architectural serv-
55

•HR 4200 PCS 

1 ices, medical services, scientific and technical serv2 ices related to (but not in support of) research and 

3 development, and depot-level maintenance and repair 

4 services. 

5 (d) FUNCTIONS PERFORMED BY CONTRACTORS.—(1) 

6 By the end of the pilot project, the Secretary of Defense 

7 shall have subjected a number of contractor employees to 

8 public-private competition through the standard competi9 tion process of Office of Management and Budget Circular 

10 A–76 that is approximately one-tenth of the number of 

11 civilian employees subject to public-private competition 

12 during the two fiscal years of the pilot project. 

13 (2) The Department of Defense shall, to the extent 

14 possible, subject to public-private competition those posi15 tions held by contractor employees that are associated 

16 with functions that are or have been performed at least 

17 in part by Federal employees at any time on or after Octo18 ber 1, 1980; and 

19 (3) Subsection (c)(2) shall also apply to this sub20 section. 

21 (e) WAIVER.—The implementation of the pilot 

22 project may be waived if—

23 (1) the written waiver is prepared by the Sec24 retary of Defense; 
56

•HR 4200 PCS 

1 (2) the written waiver is accompanied by a de2 tailed determination that national security interests 

3 are so compelling as to preclude compliance with the 

4 competition requirement; and 

5 (3) a copy of the waiver is published in the 

6 Federal Register within 10 working days after the 

7 date on which the waiver is invoked, although use of 

8 the waiver need not be delayed until its publication. 

9 (f) REPORT.—At the end of each fiscal year of the 

10 pilot program, the Inspector General of the Department 

11 of Defense shall submit to Congress a report on the results 

12 of the pilot program, including the extent to which the 

13 Department of Defense complied with the requirements of 

14 this section. 

15 SEC. 325. SENSE OF CONGRESS ON EQUITABLE LEGAL 

16 STANDING FOR CIVILIAN EMPLOYEES. 

17 It is the sense of Congress that, in order to ensure 

18 that, when public-private competitions are held, they are 

19 conducted as fairly, effectively, and efficiently as possible, 

20 competing parties, both Department of Defense civilian 

21 employees (or their representatives) and contractors (or 

22 their representatives) should receive comparable treatment 

23 throughout the competition regarding access to relevant 

24 information and legal standing to challenge the way a 

25 competition has been conducted at all appropriate forums, 
57

•HR 4200 PCS 

1 including the General Accounting Office and the United 

2 States Court of Federal Claims. 

3 SEC. 326. COMPETITIVE SOURCING REPORTING REQUIRE4 MENT. 

5 (a) REPORT REQUIRED.—Not later than February 1, 

6 2005, the Inspector General of the Department of Defense 

7 shall submit to Congress a report addressing whether the 

8 Department of Defense—

9 (1) employs a sufficient number of adequately 

10 trained civilian employees to conduct satisfactorily, 

11 taking into account equity, efficiency and expedi12 tiousness, all of the public-private competitions that 

13 are scheduled to be undertaken by the Department 

14 of Defense during the next fiscal year (including a 

15 sufficient number of employees to formulate satisfac16 torily the performance work statements and most ef17 ficient organization plans for the purposes of such 

18 competitions) and to administer any resulting con19 tracts; and 

20 (2) has implemented a comprehensive and reli21 able system to track and assess the cost and quality 

22 of the performance of functions of the Department 

23 of Defense by service contractors, to update the 

24 records of such costs and the assessments each fiscal 

25 quarter, and to make such information available in 
58

•HR 4200 PCS 

1 reports to Congress and the public, including 

2 through the use of electronic means, except that pro3 prietary information and information to which sec4 tion 552(b)(1) of title 5, United States Code, applies 

5 shall be excised from information published or re6 ports made available. 

7 (b) ELEMENTS OF TRACKING SYSTEM.—The system 

8 of the Department of Defense for tracking cost and qual9 ity of performance of a function under a service contract 

10 shall include at least the following data elements: 

11 (1) The contract number and the applicable 

12 Federal supply class or service code. 

13 (2) The name, business address, and business 

14 telephone of the agency official who supervises the 

15 service contract. 

16 (3) The statutory, regulatory, or other author17 ity for entering into the service contract and, if a 

18 public-private competition was not used in the deter19 mination of whether to provide for performance of 

20 the activity or function by a contractor, an expla21 nation of the reasons for not doing so. 

22 (4) The cost to the Department of Defense of 

23 conducting the public-private competition under Of24 fice of Management and Budget Circular A–76, if 
59

•HR 4200 PCS 

1 one was undertaken, including the cost of consult2 ants as well as civilian employees. 

3 (5) In the case of a function formerly per4 formed by civilian employees, the actual cost of the 

5 performance by such employees. 

6 (6) The cost to the Department of Defense of 

7 civilian employee performance of the function under 

8 the most efficient organization plan. 

9 (7) The anticipated cost of contractor perform10 ance, based on the award. 

11 (8) The cost to the Department of Defense for 

12 performance of the function by the contractor. 

13 (9) A description of the quality control process 

14 used by the agency in connection with monitoring 

15 the contract performance (including the applicable 

16 quality control standards and the frequency of the 

17 quality control reports), together with an assessment 

18 of whether the contractor achieved, exceeded, or 

19 failed to achieve the quality control standards. 

20 (c) ASSESSMENT OF TRACKING SYSTEM.—The In21 spector General of the Department of Defense shall in22 clude in the report required by subsection (a) an assess23 ment of the comprehensiveness and reliability of the De24 partment of Defense system for tracking cost and quality 

25 of performance of a function under a service contract, in-
60

•HR 4200 PCS 

1 cluding compliance with each of the requirements specified 

2 in subsection (b). The Inspector General shall base the 

3 assessment on an audit of a representative sample of serv4 ice contracts. The report shall also include recommenda5 tions by the Inspector General regarding how weaknesses 

6 identified in the Department of Defense infrastructure for 

7 competitive sourcing can be rectified, whether through the 

8 use of different processes or the availability of additional 

9 employees, additional training, or additional resources.

10 Subtitle D—Information 

11 Technology 

12 SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE 

13 PLAN FOR TRANSITION TO INTERNET PRO14 TOCOL VERSION 6. 

15 (a) TRANSITION PLAN.—The Secretary of Defense 

16 shall prepare a plan to provide for the transition of De17 partment of Defense information technology systems to 

18 Internet Protocol version 6 from the present use of Inter19 net Protocol version 4 and other network protocols. The 

20 plan shall outline the networking and security system 

21 equipment that will need to be replaced, including the tim22 ing and costs of such replacement, address how the cur23 rent and new networks and security systems will be man24 aged, and assess the potential impact of the transition, 

25 include any proposed measures to alleviate any adverse af-
61

•HR 4200 PCS 

1 fects. In preparing the transition plan, the Secretary shall 

2 compare private industry plans for the transition to Inter3 net Protocol version 6. 

4 (b) TESTING AND EVALUATION FOR INTERNET PRO5 TOCOL.—To determine whether a change to the use of 

6 Internet Protocol version 6 will support Department of 

7 Defense requirements, the Secretary of Defense shall pro8 vide for a rigorous, real-world end-to-end testing of Inter9 net Protocol version 6, as proposed for use by the Depart10 ment, to evaluate the following: 

11 (1) The ability of Internet Protocol version 6, 

12 with its ‘‘best effort’’ quality of service, to satisfac13 tory support the Department’s multiple applications 

14 and other information technology systems, including 

15 the use of Internet Protocol version 6 over band16 width-constrained tactical circuits. 

17 (2) The ability of the Department’s networks 

18 using Internet Protocol version 6 to respond to, and 

19 perform under, heavy loading of the core networks. 

20 (c) SUBMISSION OF PLAN AND RESULTS.—Not later 

21 than March 31, 2005, the Secretary of Defense shall sub22 mit to the congressional defense committees a report con23 taining the transition plan prepared under subsection (a) 

24 and the results of the tests conducted under subsection 

25 (b). 
62

•HR 4200 PCS 

1 SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITEC2 TURE, SYSTEM ACCOUNTABILITY, AND CON3 DITIONS FOR OBLIGATION OF FUNDS FOR 

4 DEFENSE BUSINESS SYSTEM MODERNIZA5 TION. 

6 (a) IN GENERAL.—(1) Chapter 131 of title 10, 

7 United States Code, is amended by inserting before sec8 tion 2223 the following new section: 

9 ‘‘§ 2222. Defense business systems: architecture, ac10 countability, and modernization 

11 ‘‘(a) CONDITIONS FOR OBLIGATION OF FUNDS FOR

12 DEFENSE BUSINESS SYSTEM MODERNIZATION.—Effec13 tive January 1, 2005, funds appropriated to the Depart14 ment of Defense may not be obligated for a defense busi15 ness system modernization that will have a total cost in 

16 excess of $1,000,000 unless—

17 ‘‘(1) the approval authority designated for the 

18 defense business system certifies to the Defense 

19 Business Systems Management Committee estab20 lished by section 186 of this title that the defense 

21 business system modernization—

22 ‘‘(A) is in compliance with the enterprise 

23 architecture developed under subsection (b), or 

24 such compliance is waived in writing by the ap25 proval authority as a result of the investment 

26 review process conducted under subsection (d) 
63

•HR 4200 PCS 

1 for the defense business system modernization; 

2 and 

3 ‘‘(B) will be acquired or developed in a 

4 manner consistent with the system acquisition 

5 regulations and instructions of the Department 

6 of Defense; and 

7 ‘‘(2) the Defense Business Systems Manage8 ment Committee approves the certification by the 

9 approval authority. 

10 ‘‘(b) ENTERPRISE ARCHITECTURE FOR DEFENSE

11 BUSINESS SYSTEMS.—Not later than September 30, 

12 2005, the Secretary of Defense, acting through the De13 fense Business Systems Management Committee, shall de14 velop—

15 ‘‘(1) an enterprise architecture to cover all de16 fense business systems, and the functions and activi17 ties supported by defense business systems, which 

18 shall be sufficiently defined to effectively guide, con19 strain, and permit implementation of interoperable 

20 defense business system solutions and consistent 

21 with the policies and procedures established by the 

22 Director of the Office of Management and Budget, 

23 and 

24 ‘‘(2) a transition plan for implementing the en25 terprise architecture for defense business systems. 
64

•HR 4200 PCS 

1 ‘‘(c) APPROVAL AUTHORITIES AND ACCOUNTABILITY

2 FOR DEFENSE BUSINESS SYSTEMS.—The Secretary of 

3 Defense shall delegate responsibility for the planning, de4 sign, acquisition, deployment, operation, maintenance, 

5 modernization, and oversight of defense business systems 

6 as follows: 

7 ‘‘(1) The Under Secretary of Defense for Ac8 quisition, Technology and Logistics shall be respon9 sible and accountable for any defense business sys10 tem the primary purpose of which is to support ac11 quisition activities, logistics activities, or installa12 tions and environment activities of the Department 

13 of Defense. 

14 ‘‘(2) The Under Secretary of Defense (Comp15 troller) shall be responsible and accountable for any 

16 defense business system the primary purpose of 

17 which is to support financial management activities 

18 or strategic planning and budgeting activities of the 

19 Department of Defense. 

20 ‘‘(3) The Under Secretary of Defense for Per21 sonnel and Readiness shall be responsible and ac22 countable for any defense business system the pri23 mary purpose of which is to support human resource 

24 management activities of the Department of De25 fense. 
65

•HR 4200 PCS 

1 ‘‘(4) The Assistant Secretary of Defense for 

2 Networks and Information Integration and the Chief 

3 Information Officer of the Department of Defense 

4 shall be responsible and accountable for any defense 

5 business system the primary purpose of which is to 

6 support information technology infrastructure or in7 formation assurance activities of the Department of 

8 Defense. 

9 ‘‘(5) The Deputy Secretary of Defense or an 

10 Under Secretary of Defense, as designated by the 

11 Secretary of Defense, shall be responsible for any 

12 defense business system the primary purpose of 

13 which is to support any activity of the Department 

14 of Defense not covered by paragraphs (1) through 

15 (4). 

16 ‘‘(d) DEFENSE BUSINESS SYSTEM INVESTMENT RE17 VIEW.—(1) The Secretary of Defense shall require each 

18 approval authority designated under subsection (c) to es19 tablish, not later than March 15, 2005, an investment re20 view process, consistent with section 11312 of title 40, to 

21 review the planning, design, acquisition, development, de22 ployment, operation, maintenance, modernization, and 

23 project cost benefits and risks of all defense business sys24 tems for which the approval authority is responsible. The 

25 investment review process so established shall specifically 
66

•HR 4200 PCS 

1 address the responsibilities of approval authorities under 

2 subsection (a). 

3 ‘‘(2) The review of defense business systems under 

4 the investment review process shall include the following: 

5 ‘‘(A) Review and approval by an investment re6 view board of each defense business system as an in7 vestment before the obligation of funds on the sys8 tem. 

9 ‘‘(B) Periodic review, but not less than annu10 ally, of every defense business system investment. 

11 ‘‘(C) Representation on each investment review 

12 board by appropriate officials from among the armed 

13 forces, combatant commands, the Joint Chiefs of 

14 Staff, and Defense Agencies. 

15 ‘‘(D) Use of threshold criteria to ensure an ap16 propriate level of review within the Department of 

17 Defense of, and accountability for, defense business 

18 system investments depending on scope, complexity, 

19 and cost. 

20 ‘‘(e) BUDGET INFORMATION.—In the materials that 

21 the Secretary submits to Congress in support of the budg22 et submitted by the President to Congress under section 

23 1105 of title 31 for fiscal year 2006 and fiscal years there24 after, the Secretary of Defense shall—
67

•HR 4200 PCS 

1 ‘‘(1) identify the approval authority for each de2 fense business system; and 

3 ‘‘(2) for each defense business system for which 

4 funding is proposed in the budget—

5 ‘‘(A) certify that the defense business sys6 tem complies with the defense business enter7 prise architecture; or 

8 ‘‘(B) explain why funds for such system 

9 are necessary to maintain a mission critical or 

10 mission essential system of the Department of 

11 Defense, notwithstanding its noncompliance 

12 with the defense business enterprise architec13 ture. 

14 ‘‘(f) CONGRESSIONAL REPORTS.—Not later than 

15 March 15 of each year from 2005 through 2009, the Sec16 retary of Defense shall submit to the congressional defense 

17 committees a report on Department of Defense compliance 

18 with the requirements of this section. The first report shall 

19 define plans and commitments for meeting the require20 ments of subsection (a), including specific milestones and 

21 performance measures. Subsequent reports shall—

22 ‘‘(1) describe actions taken and planned for 

23 meeting the requirements of subsection (a), includ24 ing—
68

•HR 4200 PCS 

1 ‘‘(A) specific milestones and actual per2 formance against specified performance meas3 ures, and any revision of such milestones and 

4 performance measures; and 

5 ‘‘(B) specific actions on the defense busi6 ness system modernizations submitted for cer7 tification under such subsection; 

8 ‘‘(2) identify the number of defense business 

9 system modernizations so certified; 

10 ‘‘(3) identify any defense business system mod11 ernization with an obligation in excess of $1,000,000 

12 during the preceding fiscal year that was not cer13 tified under subsection (a), and the reasons for the 

14 waiver; and 

15 ‘‘(4) discuss specific improvements in business 

16 operations and cost savings resulting from successful 

17 defense business systems modernization efforts. 

18 ‘‘(g) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘approval authority’, with respect 

20 to a defense business system, means the Department 

21 of Defense official responsible for the defense busi22 ness system, as designated by subsection (c). 

23 ‘‘(2) The term ‘defense business system’ means 

24 an information system, other than a national secu25 rity system, operated by, for, or on behalf of the De-
69

•HR 4200 PCS 

1 partment of Defense, including financial systems, 

2 mixed systems, financial data feeder systems, and 

3 information technology and information assurance 

4 infrastructure, used to support business activities, 

5 such as acquisition, financial management, logistics, 

6 strategic planning and budgeting, installations and 

7 environment, and human resource management. 

8 ‘‘(3) The term ‘defense business system mod9 ernization’ means—

10 ‘‘(A) the acquisition or development of a 

11 new defense business system; or 

12 ‘‘(B) any significant modification or en13 hancement of an existing defense business sys14 tem (other than necessary to maintain current 

15 services). 

16 ‘‘(4) The term ‘enterprise architecture’ has the 

17 meaning given that term in section 3601(4) of title 

18 44. 

19 ‘‘(5) The terms ‘information system’ and ‘infor20 mation technology’ have the meanings given those 

21 terms in section 11101 of title 40. 

22 ‘‘(6) The term ‘national security system’ has 

23 the meaning given that term in section 2315 of this 

24 title.’’. 
70

•HR 4200 PCS 

1 (2) The table of sections at the beginning of such 

2 chapter is amended by inserting before the item relating 

3 to section 2223 the following new item:

‘‘2222. Defense business systems: architecture, accountability, and modernization.’’.

4 (b) DEFENSE BUSINESS SYSTEM MANAGEMENT

5 COMMITTEE.—Chapter 7 of such title is amended by add6 ing at the end the following new section: 

7 ‘‘§ 186. Defense business system management Com8 mittee 

9 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

10 shall establish a Defense Business Systems Management 

11 Committee, to be composed of the following persons: 

12 ‘‘(1) The Deputy Secretary of Defense, who 

13 shall serve as the chairman of the Committee. 

14 ‘‘(2) The Under Secretary of Defense for Ac15 quisition, Logistics, and Technology. 

16 ‘‘(3) The Under Secretary of Defense for Per17 sonnel and Readiness. 

18 ‘‘(4) The Under Secretary of Defense (Comp19 troller). 

20 ‘‘(5) The Assistant Secretary of Defense for 

21 Networks and Information Integration. 

22 ‘‘(6) The Secretaries of the military depart23 ments and the heads of the Defense Agencies. 
71

•HR 4200 PCS 

1 ‘‘(7) Such additional personnel of the Depart2 ment of Defense (including personnel assigned to the 

3 Joint Chiefs of Staff and combatant commands) as 

4 are designated by the Secretary of Defense. 

5 ‘‘(b) DUTIES.—(1) In addition to any other matters 

6 assigned to the Committee by the Secretary of Defense, 

7 the Committee shall—

8 ‘‘(A) recommend to the Secretary of Defense 

9 policies and procedures necessary to effectively inte10 grate the requirements of section 2222 of this title 

11 into all business activities and any transformation, 

12 reform, reorganization, or process improvement ini13 tiatives undertaken within the Department of De14 fense; and 

15 ‘‘(B) review and approve any major update of 

16 the defense business enterprise architecture devel17 oped under subsection (b) of section 2222 of this 

18 title, including evolving the architecture, and of de19 fense business systems modernization plans. 

20 ‘‘(2) The Committee shall be responsible for coordi21 nating defense business system modernization initiatives 

22 to maximize benefits and minimize costs for the Depart23 ment of Defense and periodically report to the Secretary 

24 on the status of defense business system modernization 

25 efforts. 
72

•HR 4200 PCS 

1 ‘‘(3) The Committee shall ensure that funds are obli2 gated for defense business system modernization in a man3 ner consistent with section 2222 of this title. 

4 ‘‘(c) DEFINITIONS.—In this section, the terms ‘de5 fense business system’ and ‘defense business system mod6 ernization’ have the meanings given such terms in section 

7 2222 of this title.’’. 

8 (2) The table of sections at the beginning of such 

9 chapter is amended by adding at the end the following 

10 new item:

‘‘186. Defense Business System Management Committee.’’.

11 (c) DELEGATION OF ADMINISTRATIVE RESPONSI12 BILITY.—The delegation of responsibility for the planning, 

13 design, acquisition, deployment, operation, maintenance, 

14 modernization, and oversight of defense business systems 

15 required by subsection (c) of section 2222 of title 10, 

16 United States Code, as added by subsection (a)(1), shall 

17 be completed not later than 60 days after the date of the 

18 enactment of this Act. 

19 (d) RELATION TO ANNUAL REGISTRATION REQUIRE20 MENTS.—Nothing in sections 186 and 2222 of title 10, 

21 United States Code, as added by this section, shall be con22 strued to alter the requirements of section 8084 of the 

23 Department of Defense Appropriations Act, 2004 (Public 

24 Law 108–87; 117 Stat. 1091), with regard to information 
73

•HR 4200 PCS 

1 technology systems (as defined in subsection (d) of such 

2 section). 

3 (e) REPEAL OF OBSOLETE FINANCIAL MANAGEMENT

4 ENTERPRISE ARCHITECTURE REQUIREMENTS.—Section 

5 1004 of the Bob Stump National Defense Authorization 

6 Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 

7 113 note) is repealed. 

8 SEC. 333. ESTABLISHMENT OF JOINT PROGRAM OFFICE TO 

9 IMPROVE INTEROPERABILITY OF BATTLE10 FIELD MANAGEMENT COMMAND AND CON11 TROL SYSTEMS. 

12 (a) OFFICE FOR FAMILY OF INTEROPERABLE PIC13 TURES.—The Secretary of Defense shall designate a single 

14 joint program office in the Department of Defense for the 

15 management of battlefield management command and 

16 control systems of the Armed Forces, known as the ‘‘Fam17 ily of Interoperable Pictures’’, to improve the interoper18 ability of such systems so that members of the Armed 

19 Forces may access a common operational picture of the 

20 battlefield. The office shall include at a minimum the Sin21 gle Integrated Air Picture, the Single Integrated Ground 

22 Picture, the Single Integrated Maritime Picture, the Spe23 cial Operations Forces Picture, and the Single Integrated 

24 Space Picture. The Secretary shall provide for the head 

25 of the office to be selected on a rotating basis among re-
74

•HR 4200 PCS 

1 lated offices of the Army, Navy, Air Force, and Marine 

2 Corps. 

3 (b) COMMON SYSTEMS ARCHITECTURE.—The Sec4 retary of Defense shall develop, implement, and maintain 

5 a common systems architecture for all battlefield manage6 ment command and control systems included in the Fam7 ily of Interoperable Pictures. 

8 (c) CONSOLIDATED PROGRAM ELEMENTS.—All 

9 funds for development and procurement related to the 

10 Family of Interoperable Pictures shall be consolidated 

11 under the office designated under subsection (a). 

12 (d) PROGRAM DEVELOPMENT.—The head of the of13 fice designated under subsection (a), subject to the author14 ity, direction, and control of the Secretary of Defense, 

15 shall—

16 (1) establish and control the performance speci17 fications for the battlefield management command 

18 and control systems included in the Family of Inter19 operable Pictures; 

20 (2) establish and control the standards for de21 velopment of the software and equipment for the 

22 Family of Interoperable Pictures; 

23 (3) establish and control the standards for op24 eration of the Family of Interoperable Pictures; and 
75

•HR 4200 PCS 

1 (4) develop a single, unified concept of oper2 ations for all users of the Family of Interoperable 

3 Pictures. 

4 Subtitle E—Readiness Reporting 

5 Requirements 

6 SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE 

7 OPERATION AND FINANCIAL SUPPORT FOR 

8 MILITARY MUSEUMS. 

9 (a) REPORT REQUIRED.—Chapter 23 of title 10, 

10 United States Code, is amended by adding at the end the 

11 following new section: 

12 ‘‘§ 489. Annual report on Department of Defense oper13 ation and financial support for military 

14 museums 

15 ‘‘(a) REPORT REQUIRED.—As part of the budget ma16 terials submitted to Congress in connection with the sub17 mission of the budget for a fiscal year pursuant to section 

18 1105 of title 31, but in no case later than March 15 of 

19 each year, the Secretary of Defense shall submit a report 

20 identifying all museums that, during the preceding fiscal 

21 year—

22 ‘‘(1) were operated by the Department of De23 fense or a military department; or 

24 ‘‘(2) were otherwise supported using funds ap25 propriated to the Department of Defense. 
76

•HR 4200 PCS 

1 ‘‘(b) CONTENT OF REPORT.—For each museum iden2 tified in a report under this section, the Secretary of De3 fense shall include in the report the following: 

4 ‘‘(1) The purpose and functions of the museum 

5 and the justification for the museum 

6 ‘‘(2) A description of the facilities dedicated to 

7 the museum. 

8 ‘‘(3) An itemized listing of the funds appro9 priated to the Department of Defense that were obli10 gated to support the museum during the fiscal year 

11 covered by the report, as well as any other Federal 

12 funds, funds from a nonappropriated fund instru13 mentality account of the Department of Defense, 

14 and non-Federal funds obligated to support the mu15 seum. 

16 ‘‘(4) The number of civilian employees of the 

17 Department of Defense who serve full-time or part18 time at the museum. 

19 ‘‘(5) The number of members of the armed 

20 forces who serve full-time or part-time at the mu21 seum.’’. 

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:

‘‘489. Annual report on Department of Defense operation and financial support 

for military museums.’’.
77

•HR 4200 PCS 

1 SEC. 342. REPORT ON DEPARTMENT OF DEFENSE PRO2 GRAMS FOR PREPOSITIONING OF MATERIAL 

3 AND EQUIPMENT. 

4 (a) SECRETARY OF DEFENSE ASSESSMENT AND RE5 PORT.—(1) The Secretary of Defense shall conduct an as6 sessment of the programs of the Department of Defense 

7 for the prepositioning of material and equipment. Such as8 sessment shall particularly focus on how those programs 

9 will be incorporated into achievement of the goals of the 

10 Secretary of Defense (referred to as the ‘‘10–30–30’’ 

11 goals) for the Armed Forces to have the capability, from 

12 the onset of a contingency situation, of deploying forces 

13 to a distant theater within 10 days, defeating an enemy 

14 within 30 days, and being ready for an additional conflict 

15 within another 30 days. 

16 (2) The Secretary shall submit to Congress a report 

17 on such assessment not later than October 1, 2005. 

18 (b) MATTERS TO BE INCLUDED.—The assessment 

19 under subsection (a) shall include the prepositioning pro20 grams of each of the Armed Forces and of the United 

21 States Special Operations Command as well as assessment 

22 of each of the following: 

23 (1) Use of prepositioned equipment as part of 

24 Operation Iraqi Freedom and Operation Enduring 

25 Freedom and potential solutions to identified chal26 lenges. 
78

•HR 4200 PCS 

1 (2) Changes to doctrine, strategy, and transpor2 tation plans to support the goals of the Secretary 

3 described in subsection (a) and referred to as the 

4 10–30–30 goals in light of the current lift con5 straints facing both land and sea components of lift 

6 as well as the emerging mobility requirements. 

7 (3) Modifications of the prepositioning pro8 grams of the Armed Forces in order to adapt to 

9 pending modularity concepts, future force structure 

10 changes, and new sea basing concepts in relation to 

11 current and potential areas of instability. 

12 (4) Joint operations and training that include 

13 theater opening requirements at potential aerial and 

14 sea ports of debarkation, joint force reception capa15 bilities, joint theater distribution operations, and use 

16 of joint prepositioned stocks and systems. 

17 Subtitle F—Other Matters 

18 SEC. 351. EXTENSION OF ARSENAL SUPPORT PROGRAM INI19 TIATIVE. 

20 (a) DURATION OF PROGRAM.—Subsection (a) of sec21 tion 343 of the Floyd D. Spence National Defense Author22 ization Act for Fiscal Year 2001 (as enacted into law by 

23 Public Law 106–398; 10 U.S.C. 4551 note) is amended 

24 by striking ‘‘2004’’ and inserting ‘‘2008’’. 
79

•HR 4200 PCS 

1 (b) ADDITIONAL REPORT REQUIRED.—Subsection 

2 (g) of such section is amended—

3 (1) in paragraph (1), by striking ‘‘2004’’ and 

4 inserting ‘‘2008’’; and 

5 (2) in paragraph (2), by striking ‘‘2003’’ and 

6 inserting ‘‘2007’’. 

7 SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTA8 TION OF MID-RANGE FINANCIAL IMPROVE9 MENT PLAN. 

10 Amounts appropriated to the Department of Defense 

11 for fiscal year 2005 for operation and maintenance may 

12 not be obligated for the purpose of preparing or imple13 menting the Mid-Range Financial Improvement Plan until 

14 the Secretary of Defense submits a report to the congres15 sional defense committees containing, for each of the mili16 tary departments and the Defense Agencies—

17 (1) an explanation of the manner in which 

18 funds will be used for such purpose during that fis19 cal year; and 

20 (2) an estimate of the costs for future fiscal 

21 years to prepare and implement the plan. 
80

•HR 4200 PCS 

1 SEC. 353. PROCUREMENT OF FOLLOW-ON CONTRACTS FOR 

2 THE OPERATION OF FIVE CHAMPION-CLASS 

3 T–5 TANK VESSELS. 

4 The Secretary of the Navy may consider bids or pro5 posals for the follow-on contracts for the Department of 

6 the Navy contracts for the operation of five Champion7 class T–5 tank vessels only from an entity that is a citizen 

8 under section 2 of the Shipping Act, 1916 (46 App. U.S.C. 

9 802). 

10 SEC. 354. SENSE OF CONGRESS ON AMERICA’S NATIONAL 

11 WORLD WAR I MUSEUM. 

12 (a) FINDINGS.—The Congress finds as follows: 

13 (1) The Liberty Memorial Museum in Kansas 

14 City, Missouri, was built in 1926 in honor of those 

15 individuals who served in World War I in defense of 

16 liberty and the Nation. 

17 (2) The Liberty Memorial Association, a non18 profit organization which originally built the Liberty 

19 Memorial Museum, is responsible for the finances, 

20 operations, and collections management of the Lib21 erty Memorial Museum. 

22 (3) The Liberty Memorial Museum is the only 

23 public museum in the Nation that exists for the ex24 clusive purpose of interpreting the experiences of the 

25 United States and its allies in the World War I 
81

•HR 4200 PCS 

1 years (1914–1918), both on the battlefield and on 

2 the home front. 

3 (4) The Liberty Memorial Museum project 

4 began after the 1918 Armistice through the efforts 

5 of a large-scale, grass-roots civic and fundraising ef6 fort by the citizens and veterans of the Kansas City 

7 metropolitan area. After the conclusion of a national 

8 architectural design competition, ground was broken 

9 in 1921, construction began in 1923, and the Lib10 erty Memorial Museum was opened to the public in 

11 1926. 

12 (5) In 1994, the Liberty Memorial Museum 

13 closed for a massive restoration and expansion 

14 project. The restored museum reopened to the public 

15 on Memorial Day, 2002, during a gala rededication 

16 ceremony. 

17 (6) Exhibits prepared for the original museum 

18 buildings presaged the dramatic, underground ex19 pansion of core exhibition gallery space, with over 

20 30,000 square feet of new interpretive and edu21 cational exhibits currently in development. The new 

22 exhibits, along with an expanded research library 

23 and archives, will more fully utilize the many thou24 sands of historical objects, books, maps, posters, 

25 photographs, diaries, letters, and reminiscences of 
82

•HR 4200 PCS 

1 World War I participants that are preserved for pos2 terity in the Liberty Memorial Museum’s collections. 

3 The new core exhibition is scheduled to open on Vet4 erans Day, 2006. 

5 (7) The City of Kansas City, the State of Mis6 souri, and thousands of private donors and philan7 thropic foundations have contributed millions of dol8 lars to build and later to restore this national treas9 ure. The Liberty Memorial Museum continues to re10 ceive the strong support of residents from the States 

11 of Missouri and Kansas and across the Nation. 

12 (8) Since the restoration and rededication of 

13 2002, the Liberty Memorial Museum has attracted 

14 thousands of visitors from across the United States 

15 and many foreign countries. 

16 (9) There remains a need to preserve in a mu17 seum setting evidence of the honor, courage, patriot18 ism, and sacrifice of those Americans who offered 

19 their services and who gave their lives in defense of 

20 liberty during World War I, evidence of the roles of 

21 women and African Americans during World War I, 

22 and evidence of other relevant subjects. 

23 (10) The Liberty Memorial Museum seeks to 

24 educate a diverse group of audiences through its 

25 comprehensive collection of historical materials, em-
83

•HR 4200 PCS 

1 phasizing eyewitness accounts of the participants on 

2 the battlefield and the home front and the impact of 

3 World War I on individuals, then and now. The Lib4 erty Memorial Museum continues to actively acquire 

5 and preserve such materials. 

6 (11) A great opportunity exists to use the in7 valuable resources of the Liberty Memorial Museum 

8 to teach the ‘‘Lessons of Liberty’’ to the Nation’s 

9 schoolchildren through on-site visits, classroom cur10 riculum development, distance learning, and other 

11 educational initiatives. 

12 (12) The Liberty Memorial Museum should al13 ways be the Nation’s museum of the national experi14 ence in the World War I years (1914–1918), where 

15 people go to learn about this critical period and 

16 where the Nation’s history of this monumental 

17 struggle will be preserved so that generations of the 

18 21st century may understand the role played by the 

19 United States in the preservation and advancement 

20 of democracy, freedom, and liberty in the early 20th 

21 century. 

22 (13) This initiative to recognize and preserve 

23 the history of the Nation’s sacrifices in World War 

24 I will take on added significance as the Nation ap25 proaches the centennial observance of this event. 
84

•HR 4200 PCS 

1 (14) It is fitting and proper to refer to the Lib2 erty Memorial Museum as ‘‘America’s National 

3 World War I Museum’’. 

4 (b) SENSE OF CONGRESS.—The Congress—

5 (1) recognizes the Liberty Memorial Museum in 

6 Kansas City, Missouri, including the museum’s fu7 ture and expanded exhibits, collections, library, ar8 chives, and educational programs, as ‘‘America’s Na9 tional World War I Museum’’; 

10 (2) recognizes that the continuing collection, 

11 preservation, and interpretation of the historical ob12 jects and other historical materials held by the Lib13 erty Memorial Museum enhance the knowledge and 

14 understanding of the Nation’s people of the Amer15 ican and allied experience during the World War I 

16 years (1914–1918), both on the battlefield and on 

17 the home front; 

18 (3) commends the ongoing development and vis19 ibility of ‘‘Lessons of Liberty’’ educational outreach 

20 programs for teachers and students throughout the 

21 Nation; and 

22 (4) encourages the need for present generations 

23 to understand the magnitude of World War I, how 

24 it shaped the Nation, other countries, and later 

25 world events, and how the sacrifices made then 
85

•HR 4200 PCS 

1 helped preserve liberty, democracy, and other found2 ing principles for generations to come.

3 TITLE IV—MILITARY 

4 PERSONNEL AUTHORIZATIONS

5 Subtitle A—Active Forces 

6 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

7 The Armed Forces are authorized strengths for active 

8 duty personnel as of September 30, 2005, as follows: 

9 (1) The Army, 482,400. 

10 (2) The Navy, 365,900. 

11 (3) The Marine Corps, 175,000. 

12 (4) The Air Force, 359,700.

13 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

14 STRENGTH MINIMUM LEVELS. 

15 Effective October 1, 2004, section 691(b) of title 10, 

16 United States Code, is amended as follows: 

17 (1) NAVY.—Paragraph (2) is amended by strik18 ing ‘‘373,800’’ and inserting ‘‘365,900’’. 

19 (2) AIR FORCE.—Paragraph (4) is amended by 

20 striking ‘‘359,300’’ and inserting ‘‘359,700’’. 

21 SEC. 403. MAXIMUM NUMBER OF RESERVE PERSONNEL AU22 THORIZED TO BE ON ACTIVE DUTY FOR 

23 OPERATIONAL SUPPORT. 

24 During fiscal year 2005, the maximum number of 

25 members of the reserve components of the Armed Forces 
86

•HR 4200 PCS 

1 who may be serving at any time on full-time operational 

2 support duty under section 115(b) of title 10, United 

3 States Code, is the following: 

4 (1) The Army National Guard of the United 

5 States, 10,300. 

6 (2) The Army Reserve, 5,000. 

7 (3) The Naval Reserve, 6,200. 

8 (4) The Marine Corps Reserve, 2,500. 

9 (5) The Air National Guard of the United 

10 States, 10,100. 

11 (6) The Air Force Reserve, 3,600.

12 SEC. 404. ACCOUNTING AND MANAGEMENT OF RESERVE 

13 COMPONENT PERSONNEL PERFORMING AC14 TIVE DUTY OR FULL-TIME NATIONAL GUARD 

15 DUTY FOR OPERATIONAL SUPPORT. 

16 (a) STRENGTH AUTHORIZATIONS.—Section 115 of 

17 title 10, United States Code, is amended—

18 (1) in subsection (a)(1)(A), by inserting ‘‘unless 

19 on active duty pursuant to subsection (b)’’ after ‘‘ac20 tive-duty personnel’’; 

21 (2) in subsection (a)(1)(B), by inserting ‘‘unless 

22 on active duty or full-time National Guard duty pur23 suant to subsection (b)’’ after ‘‘reserve personnel’’; 
87

•HR 4200 PCS 

1 (3) by redesignating subsections (b), (c), (d), 

2 (e), (f), (g) and (h) as subsections (c), (d), (e), (f), 

3 (g), (h) and (i), respectively; and 

4 (4) by inserting after subsection (a) the fol5 lowing new subsection (b): 

6 ‘‘(b) CERTAIN RESERVES ON ACTIVE DUTY TO BE

7 AUTHORIZED BY LAW.—(1) Congress shall annually au8 thorize the maximum number of members of a reserve 

9 component permitted to be on active duty or full-time Na10 tional Guard duty at any given time who are called or or11 dered to—

12 ‘‘(A) active duty under section 12301(d) of this 

13 title for the purpose of providing operational sup14 port, as prescribed in regulation issued by the Sec15 retary of Defense; 

16 ‘‘(B) full-time National Guard duty under sec17 tion 502(f)(2) of title 32 for the purpose of pro18 viding operational support when authorized by the 

19 Secretary of Defense; 

20 ‘‘(C) active duty under section 12301(d) of this 

21 title or full-time National Guard duty under section 

22 502(f) of title 32 for the purpose of preparing for 

23 and performing funeral honors functions for funerals 

24 of veterans under section 1491 of this title; 
88

•HR 4200 PCS 

1 ‘‘(D) active duty or retained on active duty 

2 under sections 12301(g) of this title while in a cap3 tive status; or 

4 ‘‘(E) active duty or retained on active duty 

5 under 12301(h) or 12322 of this title for the pur6 pose of medical evaluation or treatment. 

7 ‘‘(2) A member of a reserve component who exceeds 

8 either of the following limits shall be included in the 

9 strength authorized under subparagraph (A) or subpara10 graph (B), as appropriate, of subsection (a)(1): 

11 ‘‘(A) A call or order to active duty or full-time 

12 National Guard duty that specifies a period greater 

13 than three years. 

14 ‘‘(B) The cumulative periods of active duty and 

15 full-time National Guard duty performed by the 

16 member exceed 1095 days in the previous 1460 

17 days. 

18 ‘‘(3) In determining the period of active service under 

19 paragraph (2), the following periods of active service per20 formed by a member shall not be included: 

21 ‘‘(A) All periods of active duty performed by a 

22 member who has not previously served in the Se23 lected Reserve of the Ready Reserve. 

24 ‘‘(B) All periods of active duty or full-time Na25 tional Guard duty for which the member is exempt 
89

•HR 4200 PCS 

1 from strength accounting under paragraphs (1) 

2 through (7) of subsection (i).’’. 

3 (b) LIMITATION ON APPROPRIATIONS.—Subsection 

4 (c) of such section (as redesignated by subsection (a)(3)) 

5 is amended—

6 (1) by striking ‘‘or’’ at the end of paragraph 

7 (1); 

8 (2) by striking the period at the end of para9 graph (2) and inserting ‘‘; or’’; and 

10 (3) by inserting after paragraph (2) the fol11 lowing new paragraph: 

12 ‘‘(3) the use of reserve component personnel to 

13 perform active duty or full-time National Guard 

14 duty under subsection (b) unless the strength for 

15 such personnel for that reserve component for that 

16 fiscal year has been authorized by law.’’. 

17 (c) AUTHORITY FOR SECRETARY OF DEFENSE

18 VARIANCES IN MAXIMUM STRENGTHS.—Subsection (f) of 

19 such section (as redesignated by subsection (a)(2)) is 

20 amended—

21 (1) by striking ‘‘END’’ in the heading; 

22 (2) by striking ‘‘and’’ at the end of paragraph 

23 (2); 

24 (3) by striking the period at the end of para25 graph (3) and inserting ‘‘; and’’; and 
90

•HR 4200 PCS 

1 (4) by adding at the end the following new 

2 paragraph: 

3 ‘‘(4) increase the maximum strength authorized pur4 suant to subsection (b)(1) for a fiscal year for certain re5 serves on active duty for any of the reserve components 

6 by a number equal to not more than 10 percent of that 

7 strength.’’. 

8 (d) CONFORMING AMENDMENTS TO SECTION 115.—

9 Such section is further amended as follows: 

10 (1) Subsection (e) (as redesignated by sub11 section (a)(3)) is amended—

12 (A) in paragraph (1), by striking ‘‘sub13 section (a) or (c)’’ and inserting ‘‘subsection (a) 

14 or (d)’’; and 

15 (B) in paragraph (2)—

16 (i) by striking ‘‘subsections (a) and 

17 (c)’’; and inserting ‘‘subsections (a) and 

18 (d)’’; 

19 (ii) by striking ‘‘pursuant to sub20 section (e)) and subsection (c)’’ and insert21 ing ‘‘pursuant to subsection (f)) and sub22 section (d)’’ each place it appears. 

23 (2) Subsection (g) (as redesignated by sub24 section (a)(3)) is amended by striking ‘‘subsection 
91

•HR 4200 PCS 

1 (e)(1)’’ in paragraph (2) and inserting ‘‘subsection 

2 (f)(1)’’. 

3 (3) Subsection (i) (as redesignated by sub4 section (a)(3)) is amended to read as follows: 

5 ‘‘(i) CERTAIN PERSONNEL EXCLUDED FROM COUNT6 ING FOR ACTIVE-DUTY END STRENGTHS.—In counting 

7 personnel for the purpose of the end strengths authorized 

8 pursuant to subsection (a)(1), persons in the following cat9 egories shall be excluded: 

10 ‘‘(1) Members of a reserve component ordered 

11 to active duty under section 12301(a) of this title. 

12 ‘‘(2) Members of a reserve component in an ac13 tive status ordered to active duty under section 

14 12301(b) of this title. 

15 ‘‘(3) Members of the Ready Reserve ordered to 

16 active duty under section 12302 of this title. 

17 ‘‘(4) Members of the Selected Reserve of the 

18 Ready Reserve or members of the Individual Ready 

19 Reserve mobilization category described in section 

20 10144(b) of this title ordered to active duty under 

21 section 12304 of this title. 

22 ‘‘(5) Members of the National Guard called into 

23 Federal service under section 12406 of this title. 

24 ‘‘(6) Members of the militia called into Federal 

25 service under chapter 15 of this title. 
92

•HR 4200 PCS 

1 ‘‘(7) Members of reserve components on active 

2 duty for training. 

3 ‘‘(8) Members of the Selected Reserve of the 

4 Ready Reserve on active duty to support programs 

5 described in section 1203(b) of the Cooperative 

6 Threat Reduction Act of 1993 (22 U.S.C. 5952(b)). 

7 ‘‘(9) Members of the National Guard on active 

8 duty or full-time National Guard duty for the pur9 pose of carrying out drug interdiction and counter10 drug activities under section 112 of title 32. 

11 ‘‘(10) Members of a reserve component on ac12 tive duty under section 10(b)(2) of the Military Se13 lective Service Act (50 U.S.C. App. 460(b)(2)) for 

14 the administration of the Selective Service System. 

15 ‘‘(11) Members of the National Guard on full16 time National Guard duty for the purpose of pro17 viding command, administrative, training, or support 

18 services for the National Guard Challenge Program 

19 authorized by section 509 of title 32.’’. 

20 (e) MILITARY TO MILITARY CONTACT STRENGTH AC21 COUNTING.—Subsection (f) of section 168 of such title is 

22 amended to read as follows: 

23 ‘‘(f) ACTIVE DUTY END STRENGTHS.—A member of 

24 a reserve component who is engaged in activities author-
93

•HR 4200 PCS 

1 ized under this section shall not be counted for purposes 

2 of the following personnel strength limitations: 

3 ‘‘(1) The end strength for active-duty personnel 

4 authorized pursuant to section 115(a)(1) of this title 

5 for the fiscal year in which the member carries out 

6 the activities referred to under this section. 

7 ‘‘(2) The authorized daily average for members 

8 in pay grades E–8 and E–9 under section 517 of 

9 this title for the calendar year in which the member 

10 carries out such activities. 

11 (3) The authorized strengths for commissioned 

12 officers under section 523 of this title for the fiscal 

13 year in which the member carries out such activities. 

14 (f) E–8 AND E–9 STRENGTH ACCOUNTING.—Sub15 section (a) of section 517 of such title is amended by strik16 ing ‘‘(other than for training) in connection with orga17 nizing, administering, recruiting, instructing, or training 

18 the reserve component of an armed force.’’ and inserting 

19 ‘‘as authorized under section 115(a)(1)(B) or 115(b) of 

20 this title, or excluded from counting for active duty end 

21 strengths under section 115(i) of this title.’’. 

22 (g) FIELD GRADE OFFICER STRENGTH ACCOUNT23 ING.—(1) Paragraph (1) of section 523(b) of such title 

24 is amended to read as follows: 
94

•HR 4200 PCS 

1 ‘‘(A) on active duty as authorized under 

2 section 115(a)(1)(B) or 115(b)(1) of this title, 

3 or excluded from counting for active duty end 

4 strengths under section 115(i) of this title; 

5 ‘‘(B) on active duty under section 10211, 

6 10302 through 10305, or 12402 of this title or 

7 under section 708 of title 32; or 

8 ‘‘(C) on full-time National Guard duty.’’; 

9 and 

10 (2) Paragraph (7) of section 523(b) is amended by 

11 striking ‘‘Reserve or retired officers’’ and inserting ‘‘Re12 tired officers’’. 

13 (h) ACTIVE GUARD AND RESERVE FIELD GRADE OF14 FICER STRENGTH ACCOUNTING.—Paragraph (2) of sec15 tion 12011(e) of such title is amended to read as follows: 

16 ‘‘(2) Full-time National Guard duty (other than 

17 for training) under section 502(f) of title 32, except 

18 for duty under section 115(b)(1)(B) and (C) of this 

19 title and section 115(i)(9) of this title.’’. 

20 (i) WARRANT OFFICER ACTIVE-DUTY LIST EXCLU21 SION.—Paragraph (1) of section 582 of such title is 

22 amended to read as follows: 

23 ‘‘(1) Reserve warrant officers—

24 ‘‘(A) on active duty as authorized under 

25 section 115(a)(1)(B) or 115(b)(1) of this title, 
95

•HR 4200 PCS 

1 or excluded from counting for active duty end 

2 strengths under section 115(i) of this title; or 

3 ‘‘(B) on full-time National Guard duty.’’. 

4 (j) OFFICER ACTIVE-DUTY LIST, APPLICABILITY OF

5 CHAPTER.—Paragraph (1) of section 641 of such is 

6 amended to read as follows: 

7 ‘‘(1) Reserve officers—

8 ‘‘(A) on active duty authorized under sec9 tion 115(a)(1)(B) or 115(b)(1) of this title, or 

10 excluded from counting for active duty end 

11 strengths under section 115(i) of this title; 

12 ‘‘(B) on active duty under section 3038, 

13 5143, 5144, 8038, 10211, 10301 through 

14 10305, 10502, 10505, 10506(a), 10506(b), 

15 10507, or 12402 of this title or section 708 of 

16 title 32; or 

17 ‘‘(C) on full-time National Guard duty.’’. 

18 (k) STRENGTH ACCOUNTING FOR MEMBERS PER19 FORMING DRUG INTERDICTION AND COUNTER-DRUG AC20 TIVITIES.—Section 112 of title 32, United States Code, 

21 is amended—

22 (1) by striking subsection (e); 

23 (2) by redesignating subsections (f), (g), (h) 

24 and (i) as subsections (e), (f), (g) and (h) respec25 tively; and 
96

•HR 4200 PCS 

1 (3) in paragraph (1) of subsection (e), as redes2 ignated by paragraph (2), by striking ‘‘for a period 

3 of more than 180 days’’ each place it appears. 

4 (l) REPORT.—Not later than June 1, 2005, the Sec5 retary of Defense shall report to the Committee on Armed 

6 Services of the Senate and the Committee on Armed Serv7 ices of the House of Representatives the Secretary’s rec8 ommendations regarding the exemptions provided in para9 graphs (8) through (11) by section 115(i) of title 10, 

10 United States Code, as amended by this section. The rec11 ommendations shall address the manner in personnel cov12 ered by those exemptions shall be accounted for in author13 izations provided by section 115 of such title. The objec14 tive of the analysis should be to terminate the need for 

15 such exemptions after September 30, 2006. 

16 (m) REGULATIONS.—The Secretary of Defense shall 

17 prescribe by regulation the meaning of the term ‘‘oper18 ational support’’ for purposes of paragraph (1) of sub19 section (b) of section 115 of title 10, United States Code, 

20 as added by subsection (a).

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: 
97

•HR 4200 PCS 

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 
98

•HR 4200 PCS 

1 Reserve of such reserve component shall be increased pro2 portionately 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, 26,476. 

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, 12,225. 

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-
99

•HR 4200 PCS 

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 LIMITATION ON NUMBER OF 

10 NON-DUAL 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. 
100

•HR 4200 PCS 

1 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

2 this section, the term ‘‘non-dual status technician’’ has the 

3 meaning given that term in section 10217(a) of title 10, 

4 United States Code.

5 Subtitle C—Authorizations of 

6 Appropriations 

7 SEC. 421. MILITARY PERSONNEL. 

8 There is hereby authorized to be appropriated to the 

9 Department of Defense for military personnel for fiscal 

10 year 2005 a total of $104,647,558,000. The authorization 

11 in the preceding sentence supersedes any other authoriza12 tion of appropriations (definite or indefinite) for such pur13 pose for fiscal year 2005. 

14 SEC. 422. ARMED FORCES RETIREMENT HOME. 

15 There is hereby authorized to be appropriated for fis16 cal year 2005 from the Armed Forces Retirement Home 

17 Trust Fund the sum of $61,195,000 for the operation of 

18 the Armed Forces Retirement Home.
101

•HR 4200 PCS 

1 TITLE V—MILITARY PERSONNEL 

2 POLICY

3 Subtitle A—General and Flag 

4 Officer Matters 

5 SEC. 501. LENGTH OF SERVICE FOR SERVICE CHIEFS. 

6 (a) CHIEF OF STAFF OF THE ARMY.—Paragraph (1) 

7 of section 3033(a) of title 10, United States Code, is 

8 amended—

9 (1) by striking ‘‘for a period of four years’’ in 

10 the first sentence; and 

11 (2) by striking the second and third sentences 

12 and inserting the following: ‘‘The Chief of Staff 

13 serves at the pleasure of the President for a term of 

14 four years. The President may extend the service of 

15 an officer as Chief of Staff for an additional period 

16 of not to exceed two years. In time of war or during 

17 a national emergency declared by Congress, the 

18 President may extend the service of an officer as 

19 Chief of Staff for such additional periods as the 

20 President determines necessary, except that the total 

21 period of an officer’s service as Chief of Staff may 

22 not exceed eight years.’’. 

23 (b) CHIEF OF NAVAL OPERATIONS.—Paragraph (1) 

24 of section 5033(a) of such title is amended by striking the 

25 third and fourth sentences and inserting the following: 
102

•HR 4200 PCS 

1 ‘‘The Chief of Naval Operations serves at the pleasure of 

2 the President. The President may extend the service of 

3 an officer as Chief of Naval Operations for an additional 

4 period of not to exceed two years. In time of war or during 

5 a national emergency declared by Congress, the President 

6 may extend the service of an officer as Chief of Naval Op7 erations for such additional periods as the President deter8 mines necessary, except that the total period of an officer’s 

9 service as Chief of Naval Operations may not exceed eight 

10 years.’’. 

11 (c) COMMANDANT OF THE MARINE CORPS.—Para12 graph (1) of section 5043(a) of such title is amended by 

13 striking the third and fourth sentences and inserting the 

14 following: ‘‘The Commandant serves at the pleasure of the 

15 President. The President may extend the service of an of16 ficer as Commandant for an additional period of not to 

17 exceed two years. In time of war or during a national 

18 emergency declared by Congress, the President may ex19 tend the service of an officer as Commandant for such 

20 additional periods as the President determines necessary, 

21 except that the total period of an officer’s service as Com22 mandant may not exceed eight years.’’. 

23 (d) CHIEF OF STAFF OF THE AIR FORCE.—Para24 graph (1) of section 8033(a) of such title is amended to 

25 read as follows: 
103

•HR 4200 PCS 

1 (1) by striking ‘‘for a period of four years’’ in 

2 the first sentence; and 

3 (2) by striking the second and third sentences 

4 and inserting the following: ‘‘The Chief of Staff 

5 serves at the pleasure of the President for a period 

6 of four years. The President may extend the service 

7 of an officer as Chief of Staff for an additional pe8 riod of not to exceed two years. In time of war or 

9 during a national emergency declared by Congress, 

10 the President may extend the service of an officer as 

11 Chief of Staff for such additional periods as the 

12 President determines necessary, except that the total 

13 period of an officer’s service as Chief of Staff may 

14 not exceed eight years.’’.

15 SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS 

16 AND ASSISTANT CHIEFS OF NAVAL OPER17 ATIONS BE SELECTED FROM OFFICERS IN 

18 THE LINE OF THE NAVY. 

19 (a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Sec20 tion 5036(a) of title 10, United States Code, is amended 

21 by striking ‘‘in the line’’. 

22 (b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—

23 Section 5037(a) of such title is amended by striking ‘‘in 

24 the line’’. 
104

•HR 4200 PCS 

1 SEC. 503. INCREASE IN AGE LIMIT FOR DEFERRAL OF MAN2 DATORY RETIREMENT FOR UP TO 10 SENIOR 

3 GENERAL AND FLAG OFFICERS. 

4 Section 1251(b) of title 10, United States Code, is 

5 amended by striking ‘‘64 years of age’’ and inserting ‘‘66 

6 years of age’’.

7 SEC. 504. INCREASED FLEXIBILITY FOR VOLUNTARY RE8 TIREMENT FOR MILITARY OFFICERS. 

9 (a) IN GENERAL.—Section 1370 of title 10, United 

10 States Code, is amended—

11 (1) in subsection (a)—

12 (A) in paragraph (1)—

13 (i) by striking ‘‘except as provided in 

14 paragraph (2)’’ and inserting ‘‘subject to 

15 paragraphs (2) and (3)’’; and 

16 (ii) by striking ‘‘, for not less than six 

17 months’’; 

18 (B) by redesignating paragraph (3) as 

19 paragraph (4); and 

20 (C) by striking paragraph (2) and insert21 ing the following: 

22 ‘‘(2) In order to be eligible for voluntary retirement 

23 under this title in a grade below the grade of lieutenant 

24 colonel or commander, a commissioned officer of the 

25 Army, Navy, Air Force, or Marine Corps covered by para-
105

•HR 4200 PCS 

1 graph (1) must have served on active duty in that grade 

2 for not less than six months. 

3 ‘‘(3)(A) In order to be eligible for voluntary retire4 ment in a grade above major or lieutenant commander and 

5 below brigadier general or rear admiral (lower half), a 

6 commissioned officer of the Army, Navy, Air Force, or 

7 Marine Corps covered by paragraph (1) must have served 

8 on active duty in that grade for not less than three years, 

9 except that the Secretary of Defense may authorize the 

10 Secretary of the military department concerned to reduce 

11 such period to a period not less than two years. 

12 ‘‘(B) In order to be eligible for voluntary retirement 

13 in a grade above colonel or captain, in the case of the 

14 Navy, a commissioned officer of the Army, Navy, Air 

15 Force, or Marine Corps covered by paragraph (1) must 

16 have served on active duty in that grade for not less than 

17 one year. 

18 ‘‘(C) An officer in a grade above major general or 

19 rear admiral may be retired in the highest grade in which 

20 the officer served on active duty satisfactorily for not less 

21 than one year, upon approval by the Secretary of the mili22 tary department concerned and concurrence by the Sec23 retary of Defense. The function of the Secretary of De24 fense under the preceding sentence may only be delegated 

25 to a civilian official in the Office of the Secretary of De-
106

•HR 4200 PCS 

1 fense appointed by the President, by and with the advice 

2 and consent of the Senate. 

3 ‘‘(D) The President may waive subparagraph (A), 

4 (B) or (C) in individual cases involving extreme hardship 

5 or exceptional or unusual circumstances. The authority of 

6 the President under the preceding sentence may not be 

7 delegated.’’; 

8 (2) in subsection (b), by inserting ‘‘or whose 

9 service on active duty in that grade was not deter10 mined to be satisfactory by the Secretary of the mili11 tary department concerned’’ after ‘‘specified in sub12 section (a)’’; 

13 (3) by striking subsection (c); and 

14 (4) by redesignating subsection (d) as sub15 section (c) and in that subsection—

16 (A) in paragraph (3)—

17 (i) in subparagraph (A)—

18 (I) by inserting ‘‘(i)’’ after 

19 ‘‘(3)(A)’’; 

20 (II) by inserting ‘‘and below brig21 adier general or rear admiral (lower 

22 half)’’ after ‘‘lieutenant commander’’; 

23 (III) by inserting ‘‘, except that 

24 the Secretary of Defense may author25 ize the Secretary of the military de-
107

•HR 4200 PCS 

1 partment concerned to reduce such 

2 period to a period not less than two 

3 years’’ after ‘‘three years’’; and 

4 (IV) by adding at the end the fol5 lowing new clauses: 

6 ‘‘(ii) In order to be credited with satisfactory service 

7 in a grade above colonel or captain, in the case of the 

8 Navy, a person covered by paragraph (1) must have served 

9 satisfactorily in that grade (as determined by the Sec10 retary of the military department concerned) as a reserve 

11 commissioned officer in active status, or in a retired status 

12 on active duty, for not less than one year. 

13 ‘‘(iii) An officer covered by paragraph (1) who is in 

14 a grade above the grade of major general or rear admiral 

15 may be retired in the highest grade in which the officer 

16 served satisfactorily for not less than one year, upon ap17 proval by the Secretary of the military department con18 cerned and concurrence by the Secretary of Defense. The 

19 function of the Secretary of Defense under the preceding 

20 sentence may only be delegated to a civilian official in the 

21 Office of the Secretary of Defense appointed by the presi22 dent, by and with the advice and consent of the Senate.’’; 

23 (ii) in subparagraphs (D) and (E), by 

24 striking subparagraph (A)’’ and inserting 

25 ‘‘subparagraph (A)(i)’’; and 
108

•HR 4200 PCS 

1 (iii) by striking subparagraph (F); 

2 and 

3 (B) by striking paragraphs (5) and (6); 

4 and 

5 (5) by striking subsection (e). 

6 (b) CONFORMING AMENDMENTS.—Section 

7 1406(i)(2) of such title is amended—

8 (1) in the paragraph heading, by striking 

9 ‘‘MEMBERS’’ and all that follows through ‘‘SATISFAC10 TORILY’’ and inserting ‘‘ENLISTED MEMBERS RE11 DUCED IN GRADE’’; 

12 (2) by striking ‘‘a member’’ and inserting ‘‘an 

13 enlisted member’’; 

14 (3) by striking ‘‘1998—’’ and all that follows 

15 through ‘‘is reduced in’’ and inserting ‘‘1998, is re16 duced in’’; 

17 (4) by striking ‘‘; or’’ and inserting a period; 

18 and 

19 (5) by striking subparagraph (B). 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply with respect to the determination 

22 of the retired grade of members of the Armed Forces retir23 ing on or after the date of the enactment of this Act.
109

•HR 4200 PCS 

1 SEC. 505. REPEAL OF REQUIREMENT THAT NO MORE THAN 

2 50 PERCENT OF ACTIVE DUTY GENERAL AND 

3 FLAG OFFICERS BE IN GRADES ABOVE BRIG4 ADIER GENERAL AND REAR ADMIRAL 

5 (LOWER HALF). 

6 (a) REPEAL OF DISTRIBUTION REQUIREMENT.—

7 Subsection (a) of section 525 of title 10, United States 

8 Code, is repealed. 

9 (b) REORGANIZATION OF SECTION.—Such section is 

10 further amended—

11 (1) by striking ‘‘(b)(1) No appointment’’ and 

12 inserting ‘‘(a) LIMITATION ON NUMBER OF GEN13 ERAL AND FLAG OFFICERS IN SENIOR GRADES.—

14 (1) No appointment’’; and 

15 (2) by striking ‘‘(3) An officer’’ and inserting 

16 ‘‘(b) SPECIAL RULES AND EXCEPTIONS.—(1) An of17 ficer’’; and 

18 (3) by redesignating paragraphs (4), (5), (6), 

19 (7), and (8) as paragraphs (2), (3), (4), (5), and 

20 (6), respectively. 

21 (c) CONFORMING AMENDMENTS.—(1) Subsection (b) 

22 of such section (as designated by subsection (a)(2)) is 

23 amended as follows: 

24 (A) Paragraph (1) (as redesignated by sub25 section (a)(2)), paragraph (2)(A) (as redesignated 

26 by subsection (a)(3)), and paragraph (6) (as redesig-
110

•HR 4200 PCS 

1 nated by subsection (a)(3)) are amended by striking 

2 ‘‘paragraph (1) or (2)’’ and inserting ‘‘subsection 

3 (a)’’. 

4 (B) Paragraph (3)(A) (as so redesignated) is 

5 amended by striking ‘‘under the first sentence of 

6 paragraph (1) or (2), as applicable’’ and inserting 

7 ‘‘under subsection (a)’’. 

8 (C) Paragraph (4) (as so redesignated) and the 

9 first and third sentences of paragraph (5) (as so re10 designated) are amended by striking ‘‘paragraph 

11 (1)’’ and inserting ‘‘subsection (a)(1)’’. 

12 (D) The second sentence of paragraph (5) (as 

13 so redesignated) is amended by striking ‘‘paragraph 

14 (1) or (2)’’ and inserting ‘‘subsection (a)(2)’’. 

15 (2) Subsection (c) of such section is amended—

16 (A) by striking ‘‘(c)(1)’’ and inserting ‘(c) ‘RE17 ALLOCATION AUTHORITY.—(1)’’; 

18 (B) in paragraph (1)(A), by striking ‘‘sub19 section (b)(1)’’ and inserting ‘‘subsection (a)(1)’’; 

20 (C) in paragraph (1)(B), by striking ‘‘sub21 section (b)(2)’’ and inserting ‘‘subsection (a)(2)’’; 

22 and 

23 (D) in paragraph (3)(A), by striking ‘‘sub24 section (b)’’ and inserting ‘‘subsections (a) and (b)’’. 
111

•HR 4200 PCS 

1 (3) Subsection (d) of such section is amended 

2 by inserting ‘‘SPECIAL RULE FOR OFFICERS FOR3 MERLY ON JOINT CHIEFS OF STAFF.—’’ after 

4 ‘‘(d)’’. 

5 (d) CLERICAL AMENDMENTS.—(1) The heading of 

6 such section is amended to read as follows: 

7 ‘‘§ 525. Distribution in grade: general and flag officers 

8 on active duty’’. 

9 (2) The item relating to such section in the table of 

10 sections at the beginning of chapter 32 of such title is 

11 amended to read as follows:

‘‘525. Distribution in grade: general and flag officers on active duty.’’.

12 SEC. 506. REVISION TO TERMS FOR ASSISTANTS TO THE 

13 CHAIRMAN OF THE JOINT CHIEFS OF STAFF 

14 FOR NATIONAL GUARD AND RESERVE MAT15 TERS. 

16 (a) CODIFICATION AND REVISION.—Chapter 5 of 

17 title 10, United States Code, is amended by adding at the 

18 end a new section 156 consisting of—

19 (1) the following section heading: 

20 ‘‘§ 156. Assistants to the Chairman for National 

21 Guard matters and for Reserve matters’’; 

22 and 

23 (2) a text consisting of the text of subsections 

24 (a) through (f)(1) of section 901 of the National De-
112

•HR 4200 PCS 

1 fense Authorization Act for Fiscal Year 1998 (10 

2 U.S.C. 155 note), revised—

3 (A) in subsection (c), by deleting ‘‘two 

4 years’’ and inserting ‘‘four years’’; and 

5 (B) in subsection (f), by deleting ‘‘(1)’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of such chapter is amended by adding 

8 at the end the following new item:

‘‘156. Assistants to the Chairman for National Guard members and for Reserve 

matters.’’.

9 (c) CONFORMING REPEAL.—Section 901 of the Na10 tional Defense Authorization Act for Fiscal Year 1998 (10 

11 U.S.C. 155 note) is repealed.

12 SEC. 507. SUCCESSION FOR POSITION OF CHIEF, NATIONAL 

13 GUARD BUREAU. 

14 (a) DESIGNATION OF SENIOR OFFICER IN NATIONAL

15 GUARD BUREAU.—Section 10502 of title 10, United 

16 States Code, is amended by adding at the end the fol17 lowing new subsection: 

18 ‘‘(e) SUCCESSION.—(1) Unless otherwise directed by 

19 the President or Secretary of Defense, when there is a 

20 vacancy in the office of the Chief of the National Guard 

21 Bureau or in the event the Chief of the National Guard 

22 Bureau is unable to perform the duties of that office, the 

23 senior of the officers specified in paragraph (2) shall serve 

24 as the acting Chief until a successor is appointed or the 
113

•HR 4200 PCS 

1 Chief once again is able to perform the duties of that of2 fice. 

3 ‘‘(2) The officers specified in this paragraph are the 

4 following: 

5 ‘‘(A) The senior officer of the Army National 

6 Guard of the United States on duty with the Na7 tional Guard Bureau. 

8 ‘‘(B) The senior officer of the Air National 

9 Guard of the United States on duty with the Na10 tional Guard Bureau.’’. 

11 (b) CLERICAL AMENDMENTS.—(1) The heading of 

12 such section is amended to read as follows: 

13 ‘‘§ 10502. Chief of the National Guard Bureau: ap14 pointment; adviser on National Guard 

15 matters; grade; succession’’. 

16 (2) The item relating to such section in the table of 

17 sections at the beginning of chapter 1011 of such title is 

18 amended to read as follows:

‘‘10502. Chief of the National Guard Bureau: appointment; adviser on National 

Guard matters; grade; succession.’’.

19 (c) REPEALER.—Subsections (d) and (e) of section 

20 10505 of such title are repealed. 
114

•HR 4200 PCS 

1 SEC. 508. TITLE OF VICE CHIEF OF THE NATIONAL GUARD 

2 BUREAU CHANGED TO DIRECTOR OF THE 

3 JOINT STAFF OF THE NATIONAL GUARD BU4 REAU. 

5 (a) IN GENERAL.—Section 10505 of title 10, United 

6 States Code, as amended by section 507(c), is amended 

7 by striking ‘‘Vice Chief of the National Guard Bureau’’ 

8 each place it appears in subsections (a), (b), and (c) and 

9 inserting ‘‘Director of the Joint Staff of the National 

10 Guard Bureau’’. 

11 (b) CLERICAL AMENDMENTS.—(1) The heading of 

12 such section is amended to read as follows: 

13 ‘‘§ 10505. Director of the Joint Staff of the National 

14 Guard Bureau’’. 

15 (2) The item relating to such section in the table of 

16 sections at the beginning of chapter 1011 of such title is 

17 amended to read as follows:

‘‘10505. Director of the Joint Staff of the National Guard Bureau.’’.

18 SEC. 509. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE 

19 REQUIREMENT THAT RESERVE CHIEFS AND 

20 NATIONAL GUARD DIRECTORS HAVE SIGNIFI21 CANT JOINT DUTY EXPERIENCE. 

22 (a) EXTENSION.—Sections 3038(b)(4), 5143(b)(4), 

23 5144(b)(4), 8038(b)(4), and 10506(a)(3)(D) of title 10, 

24 United States Code, are amended by striking ‘‘December 

25 31, 2004,’’ and inserting ‘‘December 31, 2006,’’. 
115

•HR 4200 PCS 

1 (b) FUTURE COMPLIANCE.—Not later than one year 

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

3 of Defense shall submit to the Committee on Armed Serv4 ices of the House of Representatives and the Committee 

5 on Armed Services of the Senate a plan for ensuring that 

6 all officers selected after December 31, 2006, for rec7 ommendation for appointment as a Reserve chief or Na8 tional Guard director have significant joint duty experi9 ence, as required by law, and may be so recommended 

10 without requirement for a wavier of such requirement. 

11 Such plan shall be developed in coordination with the 

12 Chairman of the Joint Chiefs of Staff.

13 SEC. 510. REPEAL OF DISTRIBUTION REQUIREMENTS FOR 

14 NAVAL RESERVE FLAG OFFICERS. 

15 Subsection (c) of 12004 of title 10, United States 

16 Code, is amended—

17 (1) by striking ‘‘(1)’’ after ‘‘(c)’’; and 

18 (2) by striking the second sentence and all that 

19 follows through the end of the subsection.

20 Subtitle B—Other Officer 

21 Personnel Policy Matters

22 SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER 

23 FORCE TO ALL REGULAR STATUS. 

24 (a) REPEAL OF REQUIREMENT THAT ACTIVE-DUTY

25 OFFICERS SERVE IN A RESERVE COMPONENT FOR AT
116

•HR 4200 PCS 

1 LEAST ONE YEAR BEFORE RECEIVING A REGULAR COM2 MISSION.—Section 532 of title 10, United States Code, is 

3 amended by striking subsection (e). 

4 (b) REVISION TO QUALIFICATIONS FOR ORIGINAL

5 APPOINTMENT AS A COMMISSIONED OFFICER.—(1) Sec6 tion 532 of such title is further amended by adding at 

7 the end the following new subsection: 

8 ‘‘(f) The Secretary of Defense may waive the require9 ment of paragraph (1) of subsection (a) with respect to 

10 a person who has been lawfully admitted to the United 

11 States for permanent residence when the Secretary deter12 mines that the national security so requires, but only for 

13 an original appointment in a grade below the grade of 

14 major or lieutenant commander.’’. 

15 (2) Section 619(d) of such title is amended by adding 

16 at the end the following new paragraph: 

17 ‘‘(5) An officer of the Army, Air Force, or Ma18 rine Corps in the grade of captain, or of the Navy 

19 in the grade of lieutenant, who is not a citizen of the 

20 United States.’’. 

21 (c) REPEAL OF LIMITATIONS ON TOTAL STRENGTH

22 OF REGULAR COMMISSIONED OFFICERS ON ACTIVE23 DUTY.—Section 522 of such title is repealed. The table 

24 of sections at the beginning of chapter 31 of such title 

25 is amended by striking the item relating to that section. 
117

•HR 4200 PCS 

1 (d) AUTHORITY FOR ORIGINAL APPOINTMENT OF

2 REGULAR OFFICERS IN JUNIOR GRADES TO BE MADE BY

3 PRESIDENT ALONE.—Section 531(a) of such title is 

4 amended to read as follows: 

5 ‘‘(a)(1) Original appointments in the grades of sec6 ond lieutenant, first lieutenant, and captain in the Regular 

7 Army, Regular Air Force, and Regular Marine Corps and 

8 in the grades of ensign, lieutenant (junior grade), and lieu9 tenant in the Regular Navy shall be made by the President 

10 alone. 

11 ‘‘(2) Original appointments in the grades of major, 

12 lieutenant colonel, and colonel in the Regular Army, Reg13 ular Air Force, and Regular Marine Corps and in the 

14 grades of lieutenant commander, commander, and captain 

15 in the Regular Navy shall be made by the President, by 

16 and with the advice and consent of the Senate.’’. 

17 (e) TERMINATION OF REQUIREMENT OF 6 YEARS

18 SERVICE IN A RESERVE COMPONENT FOR NONREGULAR

19 SERVICE RETIREMENT ELIGIBILITY.—(1) Section 

20 12731(a)(3) of such title is amended by inserting after 

21 ‘‘(3)’’ the following: ‘‘in the case of a person who com22 pleted the service requirements of paragraph (2) before 

23 the date of the enactment of the National Defense Author24 ization Act for Fiscal Year 2005,’’. 
118

•HR 4200 PCS 

1 (f) ALL REGULAR OFFICER APPOINTMENTS FOR

2 STUDENTS ATTENDING UNIVERSITY OF HEALTH

3 SCIENCES.—Section 2114(b) of such title is amended by 

4 striking the first two sentences and inserting the following: 

5 ‘‘They shall be appointed in a regular component of the 

6 uniformed services and shall serve on active duty as a sec7 ond lieutenant or ensign (or the equivalent).’’.

8 SEC. 512. MANDATORY RETENTION ON ACTIVE DUTY TO 

9 QUALIFY FOR RETIREMENT PAY. 

10 Section 12686(a) of title 10, United States Code, is 

11 amended by inserting ‘‘(other than the retirement system 

12 under chapter 1223 of this title)’’ after ‘‘retirement sys13 tem’’.

14 SEC. 513. DISTRIBUTION IN GRADE OF MARINE CORPS RE15 SERVE OFFICERS IN AN ACTIVE STATUS IN 

16 GRADES BELOW BRIGADIER GENERAL 

17 The table in section 12005(c)(1) of title 10, United 

18 States Code, is amended to read as follows:

‘‘Colonel .................................................................................... 2 percent

Lieutenant colonel .................................................................... 8 percent

Major........................................................................................ 16 percent

Captain ..................................................................................... 39 percent

First lieutenant and second lieutenant (when combined with 

the number authorized for general officer grades under section 12004 of this title) ........................................................ 35 percent.’’.

19 SEC. 514. TUITION ASSISTANCE FOR OFFICERS. 

20 (a) AUTHORITY TO REDUCE OR WAIVE ACTIVE

21 DUTY SERVICE OBLIGATION.—Subsection (b) of section 

22 2007 of title 10, United States Code, is amended—
119

•HR 4200 PCS 

1 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

2 (2) by inserting ‘‘or full-time National Guard 

3 duty’’ after ‘‘active duty’’ each place it appears; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) Notwithstanding paragraph (1), the Secretary of 

7 the military department may reduce or waive the active 

8 duty service obligation—

9 ‘‘(A) in the case of a commissioned officer who 

10 is subject to mandatory separation; 

11 ‘‘(B) in the case of a commissioned officer who 

12 has completed the period of active duty service in 

13 support of a contingency operation; or 

14 ‘‘(C) in other exigent circumstances as deter15 mined by the Secretary.’. 

16 (b). INCREASE IN TUITION ASSISTANCE AUTHOR17 IZED FOR ARMY OFFICERS IN THE SELECTED RE18 SERVE.—Paragraph (1) of section 2007(c) of title 10, 

19 United States Code, is amended to read as follows: 

20 ‘‘(1) Subject to paragraphs (2) and (3), the Secretary 

21 of the Army may pay the charges of an educational insti22 tution for the tuition or expenses of an officer in the Se23 lected Reserve of the Army National Guard or the Army 

24 Reserve for education or training of such officer.’’. 
120

•HR 4200 PCS 

1 (c) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) may, at the discretion of the Secretary con3 cerned, be applied to a service obligation incurred by an 

4 officer serving on active duty as of the date of the enact5 ment of this Act.

6 Subtitle C—Reserve Component 

7 Matters

8 SEC. 521. REVISION TO STATUTORY PURPOSE OF THE RE9 SERVE COMPONENTS. 

10 Subsection 10102 of title 10, United States Code, is 

11 amended by striking ‘‘, during’’ and all that follows 

12 through ‘‘planned mobilization,’’.

13 SEC. 522. IMPROVED ACCESS TO RESERVE COMPONENT 

14 MEMBERS FOR ENHANCED TRAINING. 

15 (a) RESERVE COMPONENTS GENERALLY.—Section 

16 12301 of title 10, United States Code, is amended—

17 (1) in subsection (a), by striking ‘‘(other than 

18 for training)’’; 

19 (2) in subsection (c)—

20 (A) in the first sentence, by striking 

21 ‘‘(other than for training)’’ and inserting ‘‘as 

22 provided in subsection (a)’’; and 

23 (B) in the second sentence, by striking 

24 ‘‘ordered to active duty (other than for train-
121

•HR 4200 PCS 

1 ing)’’ and inserting ‘‘so ordered to active duty’’; 

2 and 

3 (3) in subsection (e), by striking ‘‘(other than 

4 for training)’’ and inserting ‘‘as provided in sub5 section (a)’’. 

6 (b) READY RESERVE.—Section 12302 of such title 

7 is amended by striking ‘‘(other than for training)’’ in sub8 sections (a) and (c). 

9 (c) ORDER TO ACTIVE DUTY OTHER THAN DURING

10 WAR OR NATIONAL EMERGENCY.—Section 12304(a) of 

11 such title is amended by striking ‘‘(other than for train12 ing)’’. 

13 (d) STANDBY RESERVE.—Section 12306 of such title 

14 is amended—

15 (1) in subsection (a), by striking ‘‘(other than 

16 for training) only’’; and 

17 (2) in subsection (b), by striking ‘‘(other than 

18 for training)’’ in paragraphs (1) and (2) and insert19 ing ‘‘as provided in section 12301(a) of this title’’. 

20 (d) STANDBY RESERVE.—Section 12306 of such title 

21 is amended by striking ‘‘(other than for training)’’ each 

22 place it appears and inserting ‘‘as provided in section 

23 12301(a)’’.
122

•HR 4200 PCS 

1 SEC. 523. STATUS UNDER DISABILITY RETIREMENT SYSTEM 

2 FOR RESERVE MEMBERS RELEASED FROM 

3 ACTIVE DUTY DUE TO INABILITY TO PER4 FORM WITHIN 30 DAYS OF CALL TO ACTIVE 

5 DUTY. 

6 (a) IN GENERAL.—Chapter 61 of title 10, United 

7 States Code, is amended by inserting after section 1206 

8 the following new section: 

9 ‘‘§ 1206a. Reserve component members unable to per10 form duties when ordered to active duty: 

11 disability system processing 

12 ‘‘(a) MEMBERS RELEASED FROM ACTIVE DUTY

13 WITHIN 30 DAYS.—A member of a reserve component 

14 who is ordered to active duty for a period of more than 

15 30 days and is released from active duty within 30 days 

16 of commencing such period of active duty for a reason 

17 stated in subsection (b) shall be considered for all pur18 poses under this chapter to have been serving under an 

19 order to active duty for a period of 30 days or less. 

20 ‘‘(b) APPLICABLE REASONS FOR RELEASE.—Sub21 section (a) applies in the case of a member released from 

22 active duty because of a failure to meet—

23 ‘‘(1) physical standards for retention; or 

24 ‘‘(2) medical or dental standards for deploy25 ment due to a preexisting condition not aggravated 

26 during the period of active duty. 
123

•HR 4200 PCS 

1 ‘‘(c) SAVINGS PROVISION FOR MEDICAL CARE PRO2 VIDED WHILE ON ACTIVE DUTY.—Notwithstanding sub3 section (a), any benefit under chapter 55 of this title re4 ceived by a member described in subsection (a) or a de5 pendent of such member before or during the period of 

6 active duty shall not be subject to recoupment or otherwise 

7 affected.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by inserting 

10 after the item relating to section 1206 the following new 

11 item:

‘‘1206a. Reserve component members unable to perform duties when ordered to 

active duty: disability system processing.’’.

12 SEC. 524. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR 

13 RESERVE AND NATIONAL GUARD CIVILIAN 

14 TECHNICIANS. 

15 Section 6323(d)(1) of title 5, United States Code is 

16 amended by striking ‘‘(other than active duty during a war 

17 or national emergency declared by the President or Con18 gress)’’.

19 SEC. 525. EXPANDED EDUCATIONAL ASSISTANCE AUTHOR20 ITY FOR OFFICERS COMMISSIONED 

21 THROUGH ROTC PROGRAM AT MILITARY 

22 JUNIOR COLLEGES. 

23 (a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE

24 ON ACTIVE DUTY.—Section 2107(c) of title 10, United 
124

•HR 4200 PCS 

1 States Code, is amended by adding at the end the fol2 lowing new paragraphs: 

3 ‘‘(5)(A) The Secretary of the Army may provide an 

4 individual who received a commission as a Reserve officer 

5 in the Army from a military junior college through a pro6 gram under this chapter and who does not have a bacca7 laureate degree with financial assistance for pursuit of a 

8 baccalaureate degree. 

9 ‘‘(B) Such assistance is in addition to any financial 

10 assistance provided under paragraph (1), (3), or (4). 

11 ‘‘(C) The agreement and reimbursement require12 ments established in section 2005 of this title are applica13 ble to financial assistance under this paragraph. 

14 ‘‘(D) An officer receiving financial assistance under 

15 this paragraph shall be attached to the unit of the Army 

16 at the educational institution at which the officer is pur17 suing a baccalaureate degree and shall be considered to 

18 be a member of the Senior Reserve Officers’ Training 

19 Corps on inactive duty for training, as defined in section 

20 101(23) of title 38. 

21 ‘‘(E) A qualified officer who did not previously receive 

22 financial assistance under this section is eligible to receive 

23 educational assistance under this paragraph. 
125

•HR 4200 PCS 

1 ‘‘(F) A Reserve officer may not be called or ordered 

2 to active duty for a deployment while participating in the 

3 program under this paragraph. 

4 ‘‘(G) Any service obligation incurred by an officer 

5 under an agreement entered into under this paragraph 

6 shall be in addition to any service obligation incurred by 

7 that officer under any other provision of law or agreement. 

8 ‘‘(H) The amount obligated during any fiscal year 

9 under this paragraph and paragraph (4) of section 

10 2107a(c) of this title may not exceed a total of 

11 $1,500,000.’’. 

12 (b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE

13 IN TROOP PROGRAM UNITS.—Section 2107a(c) of such 

14 title is amended by adding at the end the following new 

15 paragraphs: 

16 ‘‘(4)(A) The Secretary of the Army may provide an 

17 individual who received a commission as a Reserve officer 

18 in the Army from a military junior college through a pro19 gram under this chapter and who does not have a bacca20 laureate degree with financial assistance for pursuit of a 

21 baccalaureate degree. 

22 ‘‘(B) Such assistance is in addition to any provided 

23 under paragraph (1) or (2). 
126

•HR 4200 PCS 

1 ‘‘(C) The agreement and reimbursement require2 ments established in section 2005 of this title are applica3 ble to financial assistance under this paragraph. 

4 ‘‘(D) An officer receiving financial assistance under 

5 this paragraph shall be attached to the unit of the Army 

6 at the educational institution at which the officer is pur7 suing a baccalaureate degree and shall be considered to 

8 be a member of the Senior Reserve Officers’ Training 

9 Corps on inactive duty for training, as defined in section 

10 101(23) of title 38. 

11 ‘‘(E) A qualified officer who did not previously receive 

12 financial assistance under this section is eligible to receive 

13 educational assistance under this paragraph. 

14 ‘‘(F) A Reserve officer may not be called or ordered 

15 to active duty for a deployment while participating in the 

16 program under this paragraph. 

17 ‘‘(G) Any service obligation incurred by an officer 

18 under an agreement entered into under this paragraph 

19 shall be in addition to any service obligation incurred by 

20 that officer under any other provision of law or agree21 ment.’’. 

22 ‘‘(H) As provided in subparagraph (H) of section 

23 2107(c)(5) of this title, the amount obligated during any 

24 fiscal year under this paragraph and paragraph (5) of sec-
127

•HR 4200 PCS 

1 tion 2107(c) of this title may not exceed a total of 

2 $1,500,000.’’. 

3 (c) REPEAL OF SUNSET PROVISION FOR FINANCIAL

4 ASSISTANCE PROGRAM FOR STUDENTS NOT ELIGIBLE

5 FOR ADVANCED TRAINING.—Section 2103a of such title 

6 is amended by striking subsection (d). 

7 (d) ANNUAL IMPLEMENTATION REPORT.—The Sec8 retary of the Army shall submit to the Committees on 

9 Armed Services of the Senate and House of Representa10 tives an annual report, for each of the next six years after 

11 the enactment of this Act, providing information on the 

12 experience of the Department of Defense during the pre13 ceding year under paragraph (5) of section 2107(c) of title 

14 10, United States Code, as added by subsection (a), and 

15 under paragraph (4) of section 2107a(c) of title 10, 

16 United States Code, as added by subsection (b). The re17 port for with respect to any year shall be submitted not 

18 later March 31 of the following year.

19 SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS 

20 OFFICER ON ELIGIBILITY FOR SELECTED RE21 SERVE EDUCATION LOAN REPAYMENT PRO22 GRAM FOR ENLISTED MEMBERS. 

23 (a) CONTINUATION OF LOAN REPAYMENT.—Section 

24 16301(a) of title 10, United States Code, is amended—
128

•HR 4200 PCS 

1 (1) in paragraph (2), by striking ‘‘The Sec2 retary’’ in the first sentence and inserting ‘‘Except 

3 as provided in paragraph (3), the Secretary of De4 fense’’; and 

5 (2) by adding at the end the following new 

6 paragraph: 

7 ‘‘(3) In the case of a commitment made by the Sec8 retary of Defense after the date of the enactment of this 

9 paragraph to repay a loan under paragraph (1) condi10 tioned upon the performance by the borrower of service 

11 as an enlisted member under paragraph (2), the Secretary 

12 shall repay the loan for service performed by the borrower 

13 as an officer (rather than as an enlisted member) in the 

14 case of a borrower who, after such commitment is entered 

15 into and while performing service as an enlisted member, 

16 accepts an appointment or commission as a warrant offi17 cer or commissioned officer of the Selected Reserve.’’. 

18 (b) LIMITATION ON FISCAL YEAR 2005 OBLIGA19 TIONS.—During fiscal year 2005, obligations incurred 

20 under section 16301 of title 10, United States Code, as 

21 amended by subsection (a), to make loan repayments on 

22 behalf of members of the reserve components who accept 

23 an appointment or commission as a warrant officer or 

24 commissioned officer of the Selected Reserve may not ex25 ceed $1,000,000.
129

•HR 4200 PCS 

1 SEC. 527. NUMBER OF STARBASE ACADEMIES IN A STATE. 

2 Paragraph (3) of section 2193b(c) of title 10, United 

3 States Code, is amended to read as follows: 

4 ‘‘(3)(A) Subject to subparagraph (B), the Secretary 

5 may not support the establishment in any State of more 

6 than two academies. 

7 ‘‘(B) The Secretary may waive the limitation in sub8 paragraph (A). Any such waiver shall be made under cri9 teria to be prescribed by the Secretary.’’.

10 SEC. 528. COMPTROLLER GENERAL ASSESSMENT OF INTE11 GRATION OF ACTIVE AND RESERVE COMPO12 NENTS OF THE NAVY. 

13 (a) ASSESSMENT.—The Comptroller General shall re14 view the plan of the Secretary of the Navy for, and imple15 mentation by the Secretary of, initiatives undertaken with16 in the Navy to improve the integration of the active and 

17 reserve components of the Navy in peacetime and wartime 

18 operations resulting from—

19 (1) the Naval Reserve Redesign Study carried 

20 out by the Navy: and 

21 (2) the zero-based review of reserve component 

22 force structure undertaken by the commander of the 

23 Fleet Forces Command of the Navy during fiscal 

24 year 2004.

25 (b) REPORT.—No later than March 31, 2005, the 

26 Comptroller General shall submit to the Committees on 
130

•HR 4200 PCS 

1 Armed Services of the Senate and House of Representa2 tives a report on the results of the review under subsection 

3 (a). The Comptroller General shall include in the report 

4 recommendations for improved active and reserve compo5 nent integration in the Navy. 

6 (c) LIMITATION.—No funds appropriated or other7 wise made available by this Act may be obligated or ex8 pended to decommission a Naval Reserve or Marine Corps 

9 Reserve aviation squadron until 90 days after the date on 

10 which the report required by subsection (b) is submitted 

11 to the Committees on Armed Services of the Senate and 

12 House of Representatives. 

13 (d) MATTERS TO BE EXAMINED.—In conducting the 

14 review, the Comptroller General shall examine the fol15 lowing: 

16 (1) The criteria the Navy used to determine the 

17 following with respect to integration of the active 

18 and reserve components of the Navy: 

19 (A) The future mix of active and reserve 

20 component force structure. 

21 (B) Organization of command and control 

22 elements. 

23 (C) Manpower levels. 

24 (D) Basing changes. 
131

•HR 4200 PCS 

1 (2) The extent to which the plans of the Navy 

2 for improving the integration of the active and re3 serve components of the Navy considered each of the 

4 following: 

5 (A) The new Fleet Response Plan of the 

6 Navy. 

7 (B) The flexible deployment concept. 

8 (C) Global operations. 

9 (D) Emerging mission requirements. 

10 (E) Other evolving initiatives. 

11 (3) The manner in which the timing of the exe12 cution of planned active and reserve integration ini13 tiatives will correlate with the funding of those ini14 tiatives, including consideration of an evaluation of 

15 the adequacy of the funding allocated to those inte16 gration initiatives. 

17 (4) For naval aviation forces, the extent to 

18 which the active and reserve component integration 

19 plans of the Navy will affect factors such as—

20 (A) common training and readiness stand21 ards for active and reserve forces; 

22 (B) reserve component access to the same 

23 equipment as the active component; 
132

•HR 4200 PCS 

1 (C) relationships between command and 

2 headquarters elements of active and reserve 

3 forces; and 

4 (D) trends in the use by the Navy of units 

5 referred to as ‘‘associate’’ units or ‘‘blended’’ 

6 units. 

7 (E) Basing of future aviation forces. 

8 (F) Employment of Naval Reserve aviation 

9 forces and personnel in peacetime and wartime 

10 operations.

11 SEC. 529. OPERATIONAL ACTIVITIES CONDUCTED BY THE 

12 NATIONAL GUARD UNDER AUTHORITY OF 

13 TITLE 32. 

14 (a) IN GENERAL.—Title 32, United States Code, is 

15 amended by adding at the end the following new chapter: 

16 ‘‘CHAPTER 9—OPERATIONS OF A 

17 NATIONAL OR FEDERAL INTEREST

‘‘Sec. 

‘‘901. Operational activities. 

‘‘902. Operational duty. 

‘‘903. Funding assistance. 

‘‘904. Operations requests.

18 ‘‘§ 901. Operational activities 

19 ‘‘The Secretary of Defense may provide funds in ad20 vance or on a reimbursable basis to a Governor to employ 

21 National Guard units and individuals to conduct oper22 ational activities that the Secretary determines to be in 
133

•HR 4200 PCS 

1 the national interest. The Secretary of Defense shall pre2 scribe regulations to implement this chapter. 

3 ‘‘§ 902. Operational duty 

4 ‘‘All duty performed under this chapter shall be con5 sidered to be full-time National Guard duty under section 

6 502(f) of this title. Members of the National Guard per7 forming full-time National Guard duty in the Active 

8 Guard and Reserve Program may support or execute oper9 ational activities performed by the National Guard under 

10 this chapter. 

11 ‘‘§ 903. Funding assistance 

12 ‘‘When the Secretary of Defense determines that cer13 tain operational activities of the National Guard are in 

14 the national interest under section 901 of this title, the 

15 Secretary shall provide funds to a State in an amount that 

16 the Secretary determines is appropriate for the following 

17 costs of the operational activities from funds available to 

18 the Department for related purposes: 

19 ‘‘(1) The pay, allowances, clothing, subsistence, 

20 gratuities, travel, and related expenses of personnel 

21 of the National Guard of that State. 

22 ‘‘(2) The operation and maintenance of the 

23 equipment and facilities of the National Guard of 

24 that State. 
134

•HR 4200 PCS 

1 ‘‘(3) The procurement of services and equip2 ment, and the leasing of equipment, for the National 

3 Guard of that State. 

4 ‘‘§ 904. Operations requests 

5 ‘‘(a) REQUESTS.—A Governor of a State may request 

6 funding assistance for the operational activities of the Na7 tional Guard of that State from the Secretary of Defense. 

8 Any such request shall include the following: 

9 ‘‘(1) The specific intended operational activities 

10 of the National Guard of that State. 

11 ‘‘(2) An explanation of why the operational ac12 tivities are in the national interest. 

13 ‘‘(3) A certification that operational activities 

14 are to be conducted at a time when the personnel in15 volved are not in Federal service. 

16 ‘‘(4) A certification that participation by Na17 tional Guard personnel in the operational activities 

18 is service in addition to training required under sec19 tion 502 of this title.’’. 

20 (b) CLERICAL AMENDMENT.—The table of chapters 

21 at the beginning of such title is amended by adding at 

22 the end the following new item:

‘‘9. Operations of a National or Federal Interest .................. 901’’.

23 (c) CONFORMING AMENDMENT.—Section 115(h) of 

24 title 10, United States Code, is amended by adding at the 

25 end the following new subsection: 
135

•HR 4200 PCS 

1 ‘‘(i) CERTAIN FULL-TIME NATIONAL GUARD DUTY

2 PERSONNEL EXCLUDED FROM COUNTING FOR FULL3 TIME NATIONAL GUARD DUTY END STRENGTHS.—In 

4 counting full-time National Guard duty personnel for the 

5 purpose of end-strengths authorized pursuant to sub6 section (a)(1), persons involuntarily performing oper7 ational activities under chapter 9 of title 32 shall be ex8 cluded.’’.

9 SEC. 530. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE 

10 COMPONENT ADVISERS TO UNITS OF THE SE11 LECTED RESERVE. 

12 (a) CHANGE IN MINIMUM NUMBER REQUIRED TO BE

13 ASSIGNED.—Section 414(c)(1) of the National Defense 

14 Authorization Act for Fiscal Year 2002 (Public Law 107–

15 107; 10 U.S.C. 12001 note) is amended by striking 

16 ‘‘5,000’’ and inserting ‘‘3,500’’. 

17 (b) LIMITATION ON REDUCTIONS.—Notwithstanding 

18 the amendment made by subsection (a), the Secretary of 

19 the Army may not reduce the number of active component 

20 Reserve support personnel below the number of such per21 sonnel as of the date of the enactment of this Act until 

22 the report required by subsection (c) has been submitted. 

23 (c) REPORT.—Not later than March 31, 2005, the 

24 Secretary of the Army shall submit to the Committees on 

25 Armed Services of the Senate and House of Representa-
136

•HR 4200 PCS 

1 tives a report on the support by active components of the 

2 Army for training and readiness of the Army National 

3 Guard and Army Reserve. The report shall include an 

4 evaluation and determination of each of the following: 

5 (1) The effect on the ability of the Army to im6 prove such training and readiness resulting from the 

7 reduction under the amendment made by subsection 

8 (a) in the minimum number of active component Re9 serve support personnel. 

10 (2) The adequacy of having 3,500 members of 

11 the Army (the minimum number required under the 

12 law as so amended) assigned as active component 

13 Reserve support personnel in order to meet emerging 

14 training requirements in the Army reserve compo15 nents in connection with unit and force structure 

16 conversions and preparations for wartime deploy17 ment 

18 (3) The nature and effectiveness of efforts by 

19 the Army to reallocate the 3,500 personnel assigned 

20 as active component Reserve support personnel to 

21 higher priority requirements and to expand the use 

22 of reservists on active duty to meet reserve compo23 nent training needs. 

24 (4) Whether the Army is planning further re25 ductions in the number of active component Reserve 
137

•HR 4200 PCS 

1 support personnel and, if so, the scope and rationale 

2 for those reductions. 

3 (5) Whether an increase in Army reserve com4 ponent full-time support personnel will be required 

5 to replace the loss of active component Reserve sup6 port personnel. 

7 (d) DEFINITION.—In this section, the term ‘‘active 

8 component Reserve support personnel’’ means the active 

9 component Army personnel assigned as advisers to units 

10 of the Selected Reserve of the Ready Reserve of the Army 

11 pursuant to section 414 of the National Defense Author12 ization Act for Fiscal Year 2002 (Public Law 107–107; 

13 10 U.S.C. 12001 note).

14 Subtitle D—Joint Officer 

15 Management 

16 SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DE17 VELOPMENT TO OVERALL MISSIONS AND 

18 GOALS OF DEPARTMENT OF DEFENSE. 

19 (a) PLAN REQUIRED.—(1) The Secretary of Defense 

20 shall develop a strategic plan for joint officer management 

21 and joint professional military education that links joint 

22 officer development to the accomplishment of the overall 

23 missions and goals of the Department of Defense, as set 

24 forth in the most recent national military strategy under 

25 section 153(d) of title 10, United States Code. Such plan 
138

•HR 4200 PCS 

1 shall be developed for the purpose of ensuring that suffi2 cient numbers of qualified officers are available as nec3 essary to meet the needs of the Department for qualified 

4 officers who are operationally effective in the joint environ5 ment. 

6 (2) The Secretary shall develop the strategic plan 

7 with the advice of the Chairman of the Joint Chiefs of 

8 Staff. 

9 (b) MATTERS TO BE INCLUDED.—As part of the stra10 tegic plan under subsection (a), the Secretary shall include 

11 the following: 

12 (1) A statement of the levels of joint officer re13 sources needed to be available to properly support 

14 the overall missions of the Department of Defense, 

15 with such resources to be specified by the number of 

16 officers with the joint specialty, the number of offi17 cers required for service in joint duty assignment po18 sitions, and the training and education resources re19 quired. 

20 (2) An assessment of the available and pro21 jected joint officer development resources (including 

22 officers, educational and training resources, and 

23 availability of joint duty assignment positions and 

24 tours of duty) necessary to achieve the levels speci25 fied under paragraph (1). 
139

•HR 4200 PCS 

1 (3) Identification of any problems or issues 

2 arising from linking resources for joint officer devel3 opment to accomplishment of the objective of meet4 ing the levels specified under paragraph (1) to re5 solve those problems and issues and plans. 

6 (4) A description of the process for identifica7 tion of the requirement for joint specialty officers. 

8 (5) A description of the career development and 

9 management of joint specialty officers and of any 

10 changes to be made to facilitate achievement of the 

11 levels of resources specified in paragraph (1), includ12 ing additional education requirements, promotion op13 portunities, and assignments to fill joint assign14 ments. 

15 (c) INCLUSION OF RESERVE COMPONENT OFFI16 CERS.—In developing the strategic plan required by sub17 section (a), the Secretary shall include joint officer devel18 opment for officers on the reserve active-status list in the 

19 plan. 

20 (d) REPORT.—The Secretary shall submit the plan 

21 developed under this section to the Committees on Armed 

22 Services of the Senate and House of Representatives not 

23 later than January 15, 2006. 

24 (e) ADDITIONAL ASSESSMENT.—Not later than Jan25 uary 15, 2007, the Secretary of Defense shall submit to 
140

•HR 4200 PCS 

1 the Committees on Armed Services of the Senate and 

2 House of Representatives, as a follow-on to the report 

3 under subsection (d), a report providing an assessment of, 

4 and initiatives to improve, the performance in joint mat5 ters of the following: 

6 (1) Senior civilian officers and employees in the 

7 Office of the Secretary of Defense, the Defense 

8 Agencies, and the military departments. 

9 (2) Senior noncommissioned officers. 

10 (3) Senior leadership in the reserve compo11 nents. 

12 SEC. 532. JOINT REQUIREMENTS FOR PROMOTION TO FLAG 

13 OR GENERAL OFFICER GRADE. 

14 (a) EFFECTIVE DATE FOR JOINT SPECIALTY OFFI15 CER REQUIREMENT.—Subsection (a)(2) of section 619a of 

16 title 10, United States Code, is amended by striking ‘‘Sep17 tember 30, 2007’’ and inserting ‘‘September 30, 2008’’. 

18 (b) EXCEPTION TO JOINT DUTY REQUIREMENT FOR

19 OFFICERS SERVING IN JOINT DUTY ASSIGNMENT WHEN

20 CONSIDERED FOR PROMOTION.—Subsection (b)(4) of 

21 such section is amended by striking ‘‘if—’’ and all that 

22 follows through ‘‘(B) the officer’s’’ and inserting ‘‘if the 

23 officer’s’’.
141

•HR 4200 PCS 

1 SEC. 533. CLARIFICATION OF TOURS OF DUTY QUALIFYING 

2 AS A JOINT DUTY ASSIGNMENT. 

3 (a) CONSECUTIVE TOURS OF DUTY IN JOINT DUTY

4 ASSIGNMENTS.—Section 668(c) of title 10, United States 

5 Code, is amended by striking ‘‘within the same organiza6 tion’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall not apply in the case of a joint duty 

9 assignment completed by an officer before the date of the 

10 enactment of this Act, except in the case of an officer has 

11 continued in joint duty assignments, without a break in 

12 service in such assignments, between the end of such as13 signment and the date of the enactment of this Act.

14 SEC. 534. AUTHORITY FOR RESERVE OFFICERS TO QUALIFY 

15 AS JOINT SPECIAL OFFICERS. 

16 (a) AUTHORITY.—Subsection (a) of section 661 of 

17 title 10, United States Code, is amended by striking ‘‘on 

18 the active-duty list’’. 

19 (b) NOMINATIONS FOR SELECTION.—Subsection (b) 

20 of such section is amended in the second sentence—

21 (1) by striking ‘‘and’’ after ‘‘military depart22 ment,’’; and 

23 (2) by inserting after ‘‘such date,’’ the fol24 lowing: ‘‘, and each reserve component officer in an 

25 active status who is not on the active-duty list,’’. 
142

•HR 4200 PCS 

1 (c) CONFORMING AMENDMENTS.—(1) Section 662 of 

2 such title is amended—

3 (A) in subsection (a), by inserting ‘‘on the ac4 tive-duty list’’ after ‘‘qualifications of officers’’ in the 

5 matter preceding paragraph (1); and 

6 (B) in subsection (b), by inserting ‘‘on the ac7 tive-duty list’’ after ‘‘preceding fiscal year of offi8 cers’’ in the first sentence. 

9 (2)(A) The heading of such section is amended to 

10 read as follows: 

11 ‘‘§ 662. Promotion policy objectives for joint officers 

12 on the active-duty list’’.

13 (B) The item relating to such section in the table of 

14 sections at the beginning of chapter 38 of such title is 

15 amended to read as follows:

‘‘662. Promotion policy objectives for joint officers on the active-duty list.’’.

16 (d) ANNUAL REPORT TO CONGRESS.—(1) Section 

17 667 of such title is amended—

18 (A) by redesignating paragraph (18) as para19 graph (19); and 

20 (B) by inserting after paragraph (17) the fol21 lowing new paragraph (18): 

22 ‘‘(18) The implementation of authority under 

23 section 661 of this title to certify reserve component 

24 officers as joint specialty officers, together with the 
143

•HR 4200 PCS 

1 number of reserve component officers who were so 

2 certified during the reporting period.’’. 

3 (2) The Secretary of Defense shall include in the an4 nual report of the Secretary to Congress for fiscal year 

5 2005, as part of the material included in that report pur6 suant to paragraph (18) of section 667 of title 10, United 

7 States Code, a summary of the joint officer management 

8 policies adopted for reserve component officers pursuant 

9 to the amendments made by subsections (a) and (b).

10 Subtitle E—Professional Military 

11 Education

12 SEC. 541. IMPROVEMENT TO PROFESSIONAL MILITARY 

13 EDUCATION IN THE DEPARTMENT OF DE14 FENSE. 

15 (a) IN GENERAL.—Part III of subtitle A of title 10, 

16 United States Code, is amended—

17 (1) by redesignating chapter 107 as chapter 

18 106A; and 

19 (2) by inserting before chapter 108 the fol20 lowing new chapter: 

21 ‘‘CHAPTER 107—PROFESSIONAL MILITARY 

22 EDUCATION

‘‘Sec. 

‘‘2151. Definitions 

‘‘2152. Professional military education: general requirements. 

‘‘2153. Capstone course: newly selected general and flag officers. 

‘‘2154. Joint professional military education: three-phase approach. 

‘‘2155. Intermediate level service colleges: written examination for selection for 

attendance. 
144

•HR 4200 PCS 

‘‘2156. Joint professional military education phase II program of instruction. 

‘‘2157. Intermediate and senior level service colleges; Joint Forces Staff College: 

duration of principle course of instruction. 

‘‘2158. Annual report to Congress.

1 ‘‘§ 2151. Definitions 

2 (a) JOINT PROFESSIONAL MILITARY EDUCATION.—

3 Joint professional military education consists of the rig4 orous and thorough instruction and examination of offi5 cers of the armed forces in an environment designed to 

6 promote a theoretical and practical in-depth under7 standing of joint matters and, specifically, of the subject 

8 matter covered. The subject matter to be covered by joint 

9 professional military education shall include at least the 

10 following: 

11 ‘‘(1) Integrated employment of land, sea, 

12 and air forces. 

13 ‘‘(2) National military strategy. 

14 ‘‘(3) Strategic planning. 

15 ‘‘(4) Contingency planning. 

16 ‘‘(5) Command and control of combat op17 erations under unified command. 

18 ‘‘(6) Joint and combined operations. 

19 ‘‘(7) Joint doctrine. 

20 ‘‘(8) Joint logistics. 

21 ‘‘(9) Joint communications. 

22 ‘‘(10) Joint intelligence. 

23 ‘‘(11) Campaign planning. 
145

•HR 4200 PCS 

1 ‘‘(12) Joint military command and control 

2 systems and the interface of those systems with 

3 national command systems. 

4 ‘‘(13) Joint force development, including 

5 mobilization. 

6 ‘‘(14) Joint requirements development. 

7 ‘‘(15) Military history. 

8 ‘‘(16) Awareness of cultures in areas out9 side of the United States where United States 

10 forces may operate or of forces of foreign coun11 tries with whom United States forces may oper12 ate. 

13 ‘‘(b) OTHER DEFINITIONS.—In this chapter: 

14 ‘‘(1) The term ‘senior level service school’ 

15 means any of the following: 

16 ‘‘(A) The Army War College. 

17 ‘‘(B) The College of Naval Warfare. 

18 ‘‘(C) The Air War College. 

19 ‘‘(D) The Marine Corps University. 

20 ‘‘(2) The term ‘intermediate level service school’ 

21 means any of the following: 

22 ‘‘(A) The United States Army Command 

23 and General Staff College. 

24 ‘‘(B) The College of Naval Command and 

25 Staff. 
146

•HR 4200 PCS 

1 ‘‘(C) The Air Command and Staff College. 

2 ‘‘(D) The Marine Corps Command and 

3 Staff College.

4 ‘‘§ 2152. Joint professional military education: gen5 eral requirements 

6 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

7 implement a coherent and comprehensive framework for 

8 the joint professional military education of officers, includ9 ing officers nominated under section 661 of this title for 

10 the joint specialty. 

11 ‘‘§ 2153. Capstone course: newly selected general and 

12 flag officers 

13 ‘‘(a) REQUIREMENT.—Each officer selected for pro14 motion to the grade of brigadier general or, in the case 

15 of the Navy, rear admiral (lower half) shall be required, 

16 after such selection, to attend a military education course 

17 designed specifically to prepare new general and flag offi18 cers to work with the other armed forces. 

19 ‘‘(b) WAIVER AUTHORITY.—(1) Subject to paragraph 

20 (2), the Secretary of Defense may waive subsection (a)—

21 ‘‘(A) in the case of an officer whose imme22 diately previous assignment was in a joint duty as23 signment and who is thoroughly familiar with joint 

24 matters; 

25 ‘‘(B) when necessary for the good of the service; 
147

•HR 4200 PCS 

1 ‘‘(C) in the case of an officer whose proposed 

2 selection for promotion is based primarily upon sci3 entific and technical qualifications for which joint re4 quirements do not exist (as determined under regu5 lations prescribed under section 619(e)(4) of this 

6 title); and 

7 ‘‘(D) in the case of a medical officer, dental of8 ficer, veterinary officer, medical service officer, 

9 nurse, biomedical science officer, or chaplain. 

10 ‘‘(2) The authority of the Secretary of Defense to 

11 grant a waiver under paragraph (1) may only be delegated 

12 to the Deputy Secretary of Defense, an Under Secretary 

13 of Defense, or an Assistant Secretary of Defense. Such 

14 a waiver may be granted only on a case-by-case basis in 

15 the case of an individual officer.

16 ‘‘§ 2154. Joint professional military education: three17 phase approach 

18 ‘‘(a) THREE-PHASE APPROACH.—The Secretary of 

19 Defense shall implement a three-phase approach to joint 

20 professional military education, as follows: 

21 ‘‘(1) There shall be a course of instruction, des22 ignated and certified by the Secretary of Defense as 

23 Phase I instruction, consisting all the elements of a 

24 joint professional military education (as specified in 

25 section 2151(a) of this title), in addition to the prin-
148

•HR 4200 PCS 

1 cipal curriculum taught to all officers at an inter2 mediate level service school. 

3 ‘‘(2) There shall be a course of instruction, des4 ignated and certified by the Secretary of Defense as 

5 Phase II instruction, consisting of a joint profes6 sional military education curriculum taught in resi7 dence at—

8 ‘‘(A) the Joint Forces Staff College; or 

9 ‘‘(B) a senior level service school that has 

10 been designated and certified by the Secretary 

11 of Defense as a joint professional military edu12 cation institution. 

13 ‘‘(3) There shall be a course of instruction, des14 ignated and certified by the Secretary of Defense as 

15 the Capstone course, for officers selected for pro16 motion to the grade of brigadier general or, in the 

17 case of the Navy, rear admiral (lower half) and of18 fered in accordance with section 2153 of this title. 

19 ‘‘(b) SEQUENCED APPROACH.—The Secretary shall 

20 require the sequencing of joint professional military edu21 cation so that the standard sequence of assignments for 

22 such education requires an officer to complete Phase I in23 struction before proceeding to Phase II instruction, as 

24 provided in section 2156(a) of this title.
149

•HR 4200 PCS 

1 ‘‘§ 2155. Intermediate level service school: written ex2 amination for selection for attendance 

3 ‘‘(a) REQUIREMENT.—The Secretary of each military 

4 department shall require that performance on a com5 prehensive written examination shall constitute not less 

6 than 20 percent of the evaluation criteria for selection of 

7 any officer for full-time attendance at an intermediate 

8 level service school under the jurisdiction of the Secretary. 

9 Such an examination shall be designed so as to require 

10 substantive knowledge of military history, national mili11 tary strategy, service and joint doctrine, and such other 

12 subjects as the Secretary may require. Such an examina13 tion shall be required for each class entering an inter14 mediate level service school after September 30, 2007. 

15 ‘‘(b) SELECTION FROM DIFFERENT SERVICE.—The 

16 Secretary of a military department, in considering can17 didates for full-time attendance at an intermediate level 

18 service school under the jurisdiction of the Secretary who 

19 are officers of an armed force other than the armed force 

20 that administers that service school, shall consider such 

21 an officer to be qualified for selection for such attendance 

22 if the officer has met all the requirements for attendance 

23 at the equivalent intermediate level service school of that 

24 officer’s own armed force.
150

•HR 4200 PCS 

1 ‘‘§ 2156. Joint professional military education phase 

2 II program of instruction 

3 ‘‘(a) PREREQUISITE OF COMPLETION OF JOINT PRO4 FESSIONAL MILITARY EDUCATION I PROGRAM OF IN5 STRUCTION.—(1) After September 30, 2009, an officer of 

6 the armed forces may not be accepted for, or assigned to, 

7 a program of instruction designated by the Secretary of 

8 Defense as joint professional military education Phase II 

9 unless the officer has successfully completed a program 

10 of instruction designated by the Secretary of Defense as 

11 joint professional military education Phase I. 

12 ‘‘(2) The Chairman of the Joint Chiefs of Staff may 

13 grant exceptions to the requirement under paragraph (1). 

14 Such an exception may be granted only on a case-by-case 

15 basis for compelling cause, as determined by the Chair16 man. An officer selected to receive such an exception shall 

17 be required to demonstrate a knowledge of joint matters 

18 and other aspects of the Phase I curriculum that, to the 

19 satisfaction of the Chairman, qualifies the officer to meet 

20 the minimum requirements established for entry into 

21 Phase II instruction without first completing Phase I in22 struction. The number of officers selected to attend an of23 fering of the principal course of instruction at the Joint 

24 Forces Staff College or a senior level service school des25 ignated by the Secretary of Defense as a joint professional 

26 military education institution who have not completed 
151

•HR 4200 PCS 

1 Phase I instruction should comprise no more than 10 per2 cent of the total number of officers selected. 

3 ‘‘(b) PHASE II REQUIREMENTS.—The Secretary shall 

4 require that the curriculum for Phase II joint professional 

5 military education at any school—

6 ‘‘(1) focus on developing joint attitudes and 

7 perspectives and honing joint warfighting skills; and 

8 ‘‘(2) be structured —

9 ‘‘(A) so as to adequately prepare students 

10 to perform effectively in an assignment to a 

11 joint, multiservice organization; and 

12 ‘‘(B) so that students progress from a 

13 basic knowledge of joint matters learned in 

14 Phase I instruction to the level of expertise nec15 essary for successful performance in the joint 

16 arena. 

17 ‘‘(c) CURRICULUM CONTENT.—In addition to the 

18 subjects specified in section 2151(a) of this title, the cur19 riculum for Phase II joint professional military education 

20 shall include the following: 

21 ‘‘(1) National security strategy. 

22 ‘‘(2) Theater strategy and campaigning. 

23 ‘‘(3) Joint planning processes and systems. 

24 ‘‘(4) Joint, interagency, and multinational capa25 bilities and the integration of those capabilities. 
152

•HR 4200 PCS 

1 ‘‘(d) STUDENT RATIO; FACULTY RATIO.—(1) For 

2 courses of instruction in a Phase II program of instruction 

3 that is offered at senior level service school that has been 

4 designated by the Secretary of Defense as a joint profes5 sional military education institution—

6 ‘‘(1) the percentage of students enrolled in any 

7 such course who are officers of the armed force that 

8 administers the school may not exceed 60 percent, 

9 with the remaining services proportionally rep10 resented; and 

11 ‘‘(2) of the faculty at the school who are active12 duty officers who provide instruction in such 

13 courses, the percentage who are officers of the 

14 armed force that administers the school may not ex15 ceed 60 percent, with the remaining services propor16 tionally represented.

17 ‘‘§ 2157. Intermediate and senior level service 

18 schools; Joint Forces Staff College: dura19 tion of principle course of instruction 

20 ‘‘(a) SERVICE SCHOOLS.—The duration of the prin21 cipal course of instruction offered at each intermediate 

22 level service school and each senior level service school may 

23 not be less than 10 months of resident instruction. The 

24 Secretary of Defense may waive the requirement in the 

25 preceding sentence during a period of war or during a na-
153

•HR 4200 PCS 

1 tional emergency declared by the President or the Con2 gress. 

3 ‘‘(b) JOINT FORCES STAFF COLLEGE.—(1) The du4 ration of the principal course of instruction offered at the 

5 Joint Forces Staff College may not be less than 10 weeks 

6 of resident instruction. 

7 ‘‘(2) In this subsection, the term ‘principal course of 

8 instruction’ means any course of instruction offered at the 

9 Joint Forces Staff College as Phase II joint professional 

10 military education.

11 ‘‘§ 2158. Annual report to Congress 

12 ‘‘The Secretary of Defense shall include in the annual 

13 report of the Secretary to Congress under section 113(c) 

14 of this title, for the period covered by the report, the fol15 lowing information (which shall be shown for the Depart16 ment of Defense as a whole and separately for the Army, 

17 Navy, Air Force, and Marine Corps and each reserve com18 ponent): 

19 ‘‘(1) The number of officers who successfully 

20 completed a joint professional military education 

21 phase II course and were not selected for promotion. 

22 ‘‘(2) The number of officer students and faculty 

23 members assigned by each service to the professional 

24 military schools of the other services and to the joint 

25 schools.’’. 
154

•HR 4200 PCS 

1 (b) TRANSFER OF OTHER PROVISIONS.—Subsections 

2 (b) and (c) of section 663 of title 10, United States Code, 

3 are transferred to section 2151 of such title, as added by 

4 subsection (a), and added at the end thereof. 

5 (c) CONFORMING AMENDMENTS.—(1) Section 663 of 

6 such title, as amended by subsection (b), is further amend7 ed—

8 (A) by striking subsections (a) and (e); and 

9 (B) by striking ‘‘(d) POST-EDUCATION JOINT

10 DUTY ASSIGNMENTS.—(1) The’’ and inserting ‘‘(a) 

11 JOINT SPECIALTY OFFICERS.—The’’; 

12 (C) by striking ‘‘(2)(A) The Secretary’’ and in13 serting ‘‘(b) OTHER OFFICERS.—(1) The Sec14 retary’’; 

15 (D) by striking ‘‘in subparagraph (B)’ and in16 serting ‘‘in paragraph (2)’’; 

17 (E) by striking ‘‘(B) The Secretary’’ and insert18 ing ‘‘(2) The Secretary’’; and 

19 (F) by striking ‘‘in subparagraph (B)’ and in20 serting ‘‘in paragraph (1)’’. 

21 (2)(A) The heading of such section is amended to 

22 read as follows: 
155

•HR 4200 PCS 

1 ‘‘§ 633. Joint duty assignments after completion of 

2 joint professional military education’’. 

3 (B) The item relating to that section in the table of 

4 sections at the beginning of chapter 38 of such title is 

5 amended to read as follows:

‘‘633. Joint duty assignments after completion of joint professional military 

education.’’.

6 (d) CONFORMING REPEAL.—Section 1123(b) of the 

7 National Defense Authorization Act for Fiscal Years 1990 

8 and 1991 (Public Law 101–189; 103 Stat. 1556) is re9 pealed. 

10 (e) CLERICAL AMENDMENT.—The tables of chapters 

11 at the beginning of subtitle A, and at the beginning of 

12 part III of subtitle A, of title 10, United States Code, are 

13 amended by striking the item relating to chapter 107 and 

14 inserting the following:

‘‘106A. Educational Assistance for Persons Enlisting for 

Active Duty .............................................................. 2141

‘‘107. Professional Military Education .................................. 2151’’.

15 SEC. 542. RIBBONS TO RECOGNIZE COMPLETION OF JOINT 

16 PROFESSIONAL MILITARY EDUCATION. 

17 (a) IN GENERAL.—(1) Chapter 57 of title 10, United 

18 States Code, is amended by adding at the end the fol19 lowing new section:
156

•HR 4200 PCS 

1 ‘‘§ 1134. Joint professional military education ribbon: 

2 award 

3 ‘‘(a) JPME I.—The Secretary of Defense may award 

4 a ribbon, of appropriate design, as approved by the Sec5 retary, to any person who successfully completes a pro6 gram of instruction approved by the Secretary as quali7 fying for credit as the Joint Professional Military Edu8 cation Phase I program of instruction. 

9 ‘‘(b) JPME II.—The Secretary of Defense may 

10 award a device, of appropriate design, as approved by the 

11 Secretary, for wear with the ribbon awarded under sub12 section (a), to any person who successfully completes a 

13 program of instruction approved by the Secretary as quali14 fying for credit as the Joint Professional Military Edu15 cation Phase II course of instruction.’’.

16 (2) The table of sections at the beginning of such 

17 chapter is amended by adding at the end the following 

18 new item:

‘‘1134. Joint professional military education ribbon: award.’’.

19 (b) EFFECTIVE DATE.—Section 1134 of title 10, 

20 United States Code, as added by subsection (a), shall 

21 apply with respect to the successful completion of a joint 

22 professional military education program of instruction 

23 after November 29, 1989.
157

•HR 4200 PCS 

1 SEC. 543. INCREASE IN NUMBER OF PRIVATE-SECTOR CI2 VILIANS WHO MAY BE ENROLLED FOR IN3 STRUCTION AT NATIONAL DEFENSE UNIVER4 SITY. 

5 Section 2167(a) of title 10, United States Code, is 

6 amended by striking ‘‘10’’ and inserting ‘‘20’’. 

7 SEC. 544. REQUIREMENT FOR COMPLETION OF PHASE I 

8 JOINT PROFESSIONAL MILITARY EDUCATION 

9 BEFORE PROMOTION TO COLONEL OR NAVY 

10 CAPTAIN. 

11 (a) IN GENERAL.—Chapter 36 of title 10, United 

12 States Code, is amended by inserting after section 619a 

13 the following new section:

14 ‘‘§ 619b. Eligibility for consideration for promotion: 

15 joint professional military education re16 quired before promotion to colonel or 

17 Navy captain; exceptions 

18 ‘‘(a) GENERAL RULE.—After September 30, 2007, 

19 an officer on the active-duty list of the Army, Air Force, 

20 or Marine Corps may not be appointed to the grade of 

21 colonel, and an officer on the active-duty list of the Navy 

22 may not be appointed to the grade of captain, unless the 

23 officer has successfully completed a program of instruction 

24 approved by the Secretary as qualifying for credit as the 

25 Joint Professional Military Education Phase I or Phase 

26 II program of instruction. 
158

•HR 4200 PCS 

1 ‘‘(b) EXCEPTIONS.—Subject to subsection (c), the 

2 Secretary of Defense may waive subsection (a) in the fol3 lowing circumstances: 

4 ‘‘(1) When necessary for the good of the serv5 ice. 

6 ‘‘(2) In the case of an officer whose proposed 

7 selection for promotion is based primarily upon sci8 entific and technical qualifications for which joint re9 quirements do not exist. 

10 ‘‘(3) In the case of—

11 ‘‘(A) a medical officer, dental officer, vet12 erinary officer, medical service officer, nurse, or 

13 biomedical science officer; 

14 ‘‘(B) a chaplain; or 

15 ‘‘(C) a judge advocate. 

16 ‘‘(c) WAIVER TO BE INDIVIDUAL.—A waiver may be 

17 granted under subsection (b) only on a case-by-case basis 

18 in the case of an individual officer. 

19 ‘‘(d) SPECIAL RULE FOR GOOD-OF-THE-SERVICE

20 WAIVER.—In the case of a waiver under subsection (b)(1), 

21 the Secretary shall provide that the first duty assignment 

22 as a colonel or Navy captain of the officer for whom the 

23 waiver is granted shall be to a program of joint profes24 sional military education. 
159

•HR 4200 PCS 

1 ‘‘(e) LIMITATION ON DELEGATION OF WAIVER AU2 THORITY.—The authority of the Secretary of Defense to 

3 grant a waiver under subsection (b) (other than under 

4 paragraph (1) of that subsection) may be delegated only 

5 to the Deputy Secretary of Defense, an Under Secretary 

6 of Defense, or an Assistant Secretary of Defense. 

7 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

8 prescribe regulations to carry out this section. The regula9 tions shall specifically identify for purposes of subsection 

10 (b)(2) those categories of officers for which selection for 

11 promotion to colonel or, in the case of the Navy, captain 

12 is based primarily upon scientific and technical qualifica13 tions for which joint requirements do not exist.’’.

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:

‘‘619b. Eligibility for consideration for promotion: joint professional military 

education required before promotion to colonel or Navy captain; exceptions.’’.

17 Subtitle F—Other Education and 

18 Training Matters

19 SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PRO20 GRAM. 

21 (a) CODIFICATION AND EXTENSION OF ARMY PRO22 GRAM.—(1) Chapter 31 of title 10, United States Code, 

23 is amended by inserting after section 510 the following 

24 new section:
160

•HR 4200 PCS 

1 ‘‘§ 511. College First Program 

2 ‘‘(a) PROGRAM AUTHORITY.—The Secretary of each 

3 military department may establish a program to increase 

4 the number of, and the level of the qualifications of, per5 sons entering the armed forces as enlisted members by en6 couraging recruits to pursue higher education or voca7 tional or technical training before entry into active service. 

8 ‘‘(b) DELAYED ENTRY WITH ALLOWANCE FOR

9 HIGHER EDUCATION.—The Secretary concerned may—

10 ‘‘(1) exercise the authority under section 513 of 

11 this title—

12 ‘‘(A) to accept the enlistment of a person 

13 as a Reserve for service in the Selected Reserve 

14 or Individual Ready Reserve of a reserve com15 ponent, notwithstanding the scope of the au16 thority under subsection (a) of that section, in 

17 the case of the Army National Guard of the 

18 United States or Air National Guard of the 

19 United States; and 

20 ‘‘(B) to authorize, notwithstanding the pe21 riod limitation in subsection (b) of that section, 

22 a delay of the enlistment of any such person in 

23 a regular component under that subsection for 

24 the period during which the person is enrolled 

25 in, and pursuing a program of education at, an 

26 institution of higher education, or a program of 
161

•HR 4200 PCS 

1 vocational or technical training, on a full-time 

2 basis that is to be completed within the max3 imum period of delay determined for that per4 son under subsection (c); and 

5 ‘‘(2) subject to paragraph (2) of subsection (d) 

6 and except as provided in paragraph (3) of that sub7 section, pay an allowance to a person accepted for 

8 enlistment under paragraph (1)(A) for each month 

9 of the period during which that person is enrolled in 

10 and pursuing a program described in paragraph 

11 (1)(B). 

12 ‘‘(c) MAXIMUM PERIOD OF DELAY.—The period of 

13 delay authorized a person under paragraph (1)(B) of sub14 section (b) may not exceed the 30-month period beginning 

15 on the date of the person’s enlistment accepted under 

16 paragraph (1)(A) of such subsection. 

17 ‘‘(d) ALLOWANCE.—(1) The monthly allowance paid 

18 under subsection (b)(2) shall be equal to the amount of 

19 the subsistence allowance provided for certain members of 

20 the Senior Reserve Officers’ Training Corps with the cor21 responding number of years of participation under section 

22 209(a) of title 37. The Secretary concerned may supple23 ment that stipend by an amount not to exceed $225 per 

24 month. 
162

•HR 4200 PCS 

1 ‘‘(2) An allowance may not be paid to a person under 

2 this section for more than 24 months. 

3 ‘‘(3) A member of the Selected Reserve of a reserve 

4 component may be paid an allowance under this section 

5 only for months during which the member performs satis6 factorily as a member of a unit of the reserve component 

7 that trains as prescribed in section 10147(a)(1) of this 

8 title or section 502(a) of title 32. Satisfactory performance 

9 shall be determined under regulations prescribed by the 

10 Secretary concerned. 

11 ‘‘(4) An allowance under this section is in addition 

12 to any other pay or allowance to which a member of a 

13 reserve component is entitled by reason of participation 

14 in the Ready Reserve of that component. 

15 ‘‘(e) RECOUPMENT OF ALLOWANCE.—(1) A person 

16 who, after receiving an allowance under this section, fails 

17 to complete the total period of service required of that per18 son in connection with delayed entry authorized for the 

19 person under section 513 shall repay the United States 

20 the amount which bears the same ratio to the total amount 

21 of that allowance paid to the person as the unserved part 

22 of the total required period of service bears to the total 

23 period. 
163

•HR 4200 PCS 

1 ‘‘(2) An obligation to repay the United States im2 posed under paragraph (1) is for all purposes a debt owed 

3 to the United States. 

4 ‘‘(3) A discharge of a person in bankruptcy under 

5 title 11 that is entered less than five years after the date 

6 on which the person was, or was to be, enlisted in the 

7 regular Army pursuant to the delayed entry authority 

8 under section 513 does not discharge that person from a 

9 debt arising under paragraph (1). 

10 ‘‘(4) The Secretary concerned may waive, in whole 

11 or in part, a debt arising under paragraph (1) in any case 

12 for which the Secretary determines that recovery would 

13 be against equity and good conscience or would be con14 trary to the best interests of the United States. 

15 ‘‘(f) SPECIAL PAY AND BONUSES.—Upon enlisting in 

16 the regular component of the member’s armed force, a 

17 person who initially enlisted as a Reserve under this sec18 tion may, at the discretion of the Secretary concerned, be 

19 eligible for all regular special pays, bonuses, education 

20 benefits, and loan repayment programs.’’.

21 (2) The table of sections at the beginning of such 

22 chapter is amended by inserting after the item relating 

23 to section 510 the following new item:

‘‘511. College First Program’’.

24 (b) REPEAL OF ARMY COLLEGE FIRST PROGRAM.—

25 Section 573 of the National Defense Authorization Act for 
164

•HR 4200 PCS 

1 Fiscal Year 2000 (10 U.S.C. 513 note) is repealed. The 

2 Secretary of the Army shall treat the program under sec3 tion 511 of title 10, United States Code, as added by sub4 section (a), as a continuation of the program under the 

5 section repealed by the preceding sentence. 

6 (c) EFFECTIVE DATE.—Section 511 of title 10, 

7 United States Code, as added by subsection (a), and the 

8 repeal made by subsection (b) shall take effect on October 

9 1, 2004. 

10 (d) LIMITATION ON FISCAL YEAR 2005 OBLIGA11 TIONS.—During fiscal year 2005, obligations incurred 

12 under section 511 of title 10, United States Code, as 

13 added by subsection (a), to pay allowances to persons ac14 cepted for enlistment as a Reserve for service in the Se15 lected Reserve or Individual Ready Reserve of a reserve 

16 component using the expanded authority provided by the 

17 amendment made by subsection (a) may not exceed 

18 $5,000,000. The authority to pay allowances under such 

19 section shall not be considered to be an expanded author20 ity to the extent that the authority to pay such allowances 

21 was available under section 573 of the National Defense 

22 Authorization Act for Fiscal Year 2000 (10 U.S.C. 513 

23 note), before the repeal of such section by subsection (b).
165

•HR 4200 PCS 

1 SEC. 552. STANDARDIZATION OF AUTHORITY TO CONFER 

2 DEGREES ON GRADUATES OF COMMUNITY 

3 COLLEGE OF THE AIR FORCE WITH AUTHOR4 ITY FOR OTHER SCHOOLS OF AIR UNIVER5 SITY. 

6 (a) CHANGE IN DEGREE CONFERRING AUTHOR7 ITY.—Section 9315(c) of title 10, United States Code, is 

8 amended—

9 (1) in paragraph (1), by striking ‘‘Air Edu10 cation and Training Command of the Air Force’’ 

11 and inserting ‘‘Air University’’; and 

12 (2) in paragraph (2), by striking ‘‘Air Edu13 cation and Training Command of the Air Force’’ 

14 and inserting ‘‘Air University’’. 

15 (b) CONFORMING AND STYLISTIC AMENDMENTS.—

16 (1) Subsection (a) of section 9317 of such title is amend17 ed—

18 (1) by striking ‘‘may confer—’’ and inserting 

19 ‘‘may confer degrees as follows:’’; 

20 (2) by striking ‘‘the’’ in paragraphs (1), (2), 

21 and (3) after the paragraph designation and insert22 ing ‘‘The’’; 

23 (3) by striking the semicolon at the end of 

24 paragraph (1) and inserting a period; 

25 (4) by striking ‘‘; and’’ at the end of paragraph 

26 (2) and inserting a period; and 
166

•HR 4200 PCS 

1 (5) by adding at the end the following new 

2 paragraph: 

3 ‘‘(4) An associate level degree upon graduates 

4 of the Community College of the Air Force.’’. 

5 (c) CLERICAL AMENDMENTS.—The heading for such 

6 section, and the item relating to such section in the table 

7 of sections at the beginning of chapter 901 of such title, 

8 are amended by striking the matter between the colon and 

9 the last word.

10 SEC. 553. CHANGE IN TITLES OF HEADS OF THE NAVAL 

11 POSTGRADUATE SCHOOL. 

12 (a) PRESIDENT OF THE SCHOOL.—(1)(A) Section 

13 7042 of title 10, United States Code, is amended by strik14 ing ‘‘Superintendent’’ each place it appears in the text and 

15 inserting ‘‘President’’. 

16 (B) The heading of such section is amended to read 

17 as follows: 

18 ‘‘§ 7042. President; assistants’’. 

19 (2)(A) Section 7044 of such title is amended by strik20 ing ‘‘Superintendent’’ and inserting ‘‘President of the 

21 school’’; 

22 (B) Sections 7048(a) and 7049(e) of such title are 

23 amended by striking ‘‘Superintendent’’ and inserting 

24 ‘‘President’’; 
167

•HR 4200 PCS 

1 (b) PROVOST AND ACADEMIC DEAN.—(1)(A) Sub2 section (a) of section 7043 of title 10, United States Code, 

3 is amended to read as follows: 

4 ‘‘(a) There is at the Naval Postgraduate School the 

5 civilian position of Provost and Academic Dean. The Pro6 vost and Academic Dean shall be appointed, to serve for 

7 periods of not more than five years, by the Secretary of 

8 the Navy after consultation with the Naval Postgraduate 

9 School Board of Advisors and consideration of the rec10 ommendation of the leadership and faculty of the Naval 

11 Postgraduate School.’’. 

12 (B) Subsection (b) of such section is amended by 

13 striking ‘‘Academic Dean’’ and inserting ‘‘Provost and 

14 Academic Dean’’. 

15 (C) The heading of such section is amended to read 

16 as follows: 

17 ‘‘§ 7043. Provost and Academic Dean’’. 

18 (2) Section 5102(c)(10) of title 5, United States 

19 Code, is amended by striking ‘‘Academic Dean’’ and in20 serting ‘‘Provost and Academic Dean’’. 

21 (c) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of chapter 605 of such title is amended 

23 by striking the items related to sections 7042 and 7043 

24 and inserting the following new items:

‘‘7042. President; assistants. 

‘‘7043. Provost and Academic Dean.’’.
168

•HR 4200 PCS 

1 SEC. 554. INCREASE FROM TWO YEARS TO THREE YEARS IN 

2 PERIOD FOR WHICH EDUCATIONAL LEAVE OF 

3 ABSENCE MAY BE AUTHORIZED. 

4 Section 708(a) of title 10, United States Code, is 

5 amended by striking ‘‘two years’’ and inserting ‘‘three 

6 years’’.

7 SEC. 555. CORRECTION TO DISPARATE TREATMENT OF DIS8 ABILITIES SUSTAINED DURING ACCESSION 

9 TRAINING. 

10 (a) ELIGIBILITY OF ACADEMY CADETS AND MID11 SHIPMEN FOR DISABILITY RETIRED PAY.—(1) Section 

12 1217 of title 10, United States Code, is amended to read 

13 as follows: 

14 ‘‘§ 1217. Cadets, midshipmen, and aviation cadets: ap15 plicability of chapter 

16 ‘‘(a) This chapter applies to cadets at the United 

17 States Military Academy, the United States Air Force 

18 Academy, and the United States Coast Guard Academy 

19 and midshipmen of the Navy, but only with respect to 

20 physical disabilities incurred after the date of the enact21 ment of the National Defense Authorization Act for Fiscal 

22 Year 2005. 

23 ‘‘(b) Monthly cadet pay and monthly midshipman pay 

24 under section 203(c) of title 37 shall be considered to be 

25 basic pay for purposes of this chapter and the computation 
169

•HR 4200 PCS 

1 of retired pay and severance and separation pay to which 

2 entitlement is established under this chapter.’’. 

3 (2) The item related to section 1217 in the table of 

4 sections at the beginning of chapter 61 of such title is 

5 amended to read as follows:

‘‘1217. Cadets, midshipmen, and aviation cadets: applicability of chapter.’’.

6 (b) MEDICAL AND DENTAL CARE FOR SENIOR ROTC 

7 MEMBERS AND APPLICANTS.—(1) Chapter 55 of title 10, 

8 United States Code, is amended by inserting after section 

9 1074a the following new section: 

10 ‘‘§ 1074b. Medical and dental care: members of, and 

11 designated applicants for membership in, 

12 Senior ROTC 

13 ‘‘(a) Under joint regulations prescribed by the admin14 istering Secretaries, the following persons are entitled to 

15 the benefits described in subsection (b): 

16 ‘‘(1) A member of, and a designated applicant 

17 for membership in, Senior ROTC who incurs or ag18 gravates an injury, illness, or disease in the line of 

19 duty while performing duties pursuant to section 

20 2109 of this title. 

21 ‘‘(2) A member of, and a designated applicant 

22 for membership in, Senior ROTC who incurs or ag23 gravates an injury, illness, or disease while traveling 

24 directly to or from the place at which that member 
170

•HR 4200 PCS 

1 or applicant is to perform or has performed duties 

2 pursuant to section 2109 of this title. 

3 ‘‘(3) Each member of, and each designated ap4 plicant for membership in, Senior ROTC who incurs 

5 or aggravates an injury, illness, or disease in the line 

6 of duty while remaining overnight immediately be7 fore the commencement of duties performed pursu8 ant to section 2109 of this title or, while remaining 

9 overnight, between successive periods of performing 

10 duties pursuant to section 2109 of this title, at or 

11 in the vicinity of the site of the duties performed 

12 pursuant to section 2109 of this title, if the site is 

13 outside reasonable commuting distance from the res14 idence of the member or designated applicant. 

15 ‘‘(b) A person described in subsection (a) is entitled 

16 to—

17 ‘‘(1) the medical and dental care appropriate 

18 for the treatment of the injury, illness, or disease of 

19 that person until the resulting disability cannot be 

20 materially improved by further hospitalization or 

21 treatment; and 

22 ‘‘(2) subsistence during hospitalization. 

23 ‘‘(c) A member of, and each designated applicant for 

24 membership in, Senior ROTC is not entitled to benefits 

25 under subsection (b) if the injury, illness, or disease or 
171

•HR 4200 PCS 

1 aggravation of an injury, illness, or disease of that person 

2 described in subsection (a)(2) is the result of the gross 

3 negligence or the misconduct of the member or applicant 

4 for membership in Senior ROTC. 

5 ‘‘(d) In this section, the term ‘Senior ROTC’ means 

6 a program under chapter 103 of this title.’’. 

7 (2) Section 1074b of title 10, United States Code, 

8 as added by paragraph (1), shall apply with respect to in9 juries, illnesses, and diseases incurred or aggravated on 

10 or after the date of the enactment of this Act. 

11 (3) The table of sections at the beginning of chapter 

12 55 of such title is amended by inserting after the item 

13 relating to section 1074a the following new item:

‘‘1074b. Medical and dental care: members of, and designated applicants for 

membership in, Senior ROTC.’’.

14 SEC. 556. PRAYER AT MILITARY SERVICE ACADEMY ACTIVI15 TIES. 

16 (a) AUTHORITY OF SUPERINTENDENT.—The Super17 intendent of a service academy may have in effect such 

18 policy as the Superintendent considers appropriate with 

19 respect to the offering of a voluntary, nondenominational 

20 prayer at an otherwise authorized activity of the academy, 

21 subject to such limitations as the President may prescribe. 

22 (b) SERVICE ACADEMIES.—For purposes of this sec23 tion, the term ‘‘service academy’’ means any of the fol24 lowing: 
172

•HR 4200 PCS 

1 (1) The United States Military Academy. 

2 (2) The United States Naval Academy. 

3 (3) The United States Air Force Academy.

4 SEC. 557. REVISION TO CONDITIONS ON SERVICE OF OFFI5 CERS AS SERVICE ACADEMY SUPERINTEND6 ENTS. 

7 (a) REPEAL OF REQUIREMENT THAT OFFICERS RE8 TIRE AFTER SERVICE AS SUPERINTENDENT.—Sections 

9 3921, 6371, and 8921 of title 10, United States Code, 

10 are repealed. 

11 (b) MINIMUM THREE-YEAR TOUR OF DUTY AS SU12 PERINTENDENT.—

13 (1) MILITARY ACADEMY.—Section 4333a of 

14 such title is amended to read as follows: 

15 ‘‘§ 4333a. Superintendent: length of assignment 

16 ‘‘An officer who is detailed to the position of Super17 intendent of the Academy shall be so detailed for a period 

18 of not less than three years. In any case in which an offi19 cer serving as Superintendent is reassigned or retires be20 fore having completed three years service as Super21 intendent, or otherwise leaves that position (other than 

22 due to death) without having completed three years service 

23 in that position, the Secretary of the Army shall submit 

24 to Congress notice that such officer left the position of 

25 Superintendent without having completed three years 
173

•HR 4200 PCS 

1 service in that position, together with a statement of the 

2 reasons why that officer did not complete three years serv3 ice in that position.’’. 

4 (2) NAVAL ACADEMY.—Section 6951a of such 

5 title is amended—

6 (A) by striking the second sentence of sub7 section (b); and 

8 (B) by adding at the end the following new 

9 subsection: 

10 ‘‘(c) An officer who is detailed to the position of Su11 perintendent shall be so detailed for a period of not less 

12 than three years. In any case in which an officer serving 

13 as Superintendent is reassigned or retires before having 

14 completed three years service as Superintendent, or other15 wise leaves that position (other than due to death) without 

16 having completed three years service in that position, the 

17 Secretary of the Navy shall submit to Congress notice that 

18 such officer left the position of Superintendent without 

19 having completed three years service in that position, to20 gether with a statement of the reasons why that officer 

21 did not complete three years service in that position.’’. 

22 (3) AIR FORCE ACADEMY.—Section 9333a of 

23 such title is amended to read as follows: 
174

•HR 4200 PCS 

1 ‘‘§ 9333a. Superintendent: length of assignment 

2 ‘‘An officer who is detailed to the position of Super3 intendent of the Academy shall be so detailed for a period 

4 of not less than three years. In any case in which an offi5 cer serving as Superintendent is reassigned or retires be6 fore having completed three years service as Super7 intendent, or otherwise leaves that position (other than 

8 due to death) without having completed three years service 

9 in that position, the Secretary of the Air Force shall sub10 mit to Congress notice that such officer left the position 

11 of Superintendent without having completed three years 

12 service in that position, together with a statement of the 

13 reasons why that officer did not complete three years serv14 ice in that position.’’. 

15 (b) CLERICAL AMENDMENTS.—

16 (1) The table of sections at the beginning of 

17 chapter 367 of such title is amended by striking the 

18 item relating to section 3921. 

19 (2) The table of sections at the beginning of 

20 chapter 403 of such title is amended to read as fol21 lows:

‘‘4333a. Superintendent: length of assignment.’’

22 (3) The table of sections at the beginning of 

23 chapter 573 of such title is amended by striking the 

24 item relating to section 6371. 
175

•HR 4200 PCS 

1 (4) The table of sections at the beginning of 

2 chapter 867 of such title is amended by striking the 

3 item relating to section 8921. 

4 (5) The table of sections at the beginning of 

5 chapter 903 of such title is amended to read as fol6 lows:

‘‘9333a. Superintendent: length of assignment.’’

7 SEC. 558. CODIFICATION OF PROHIBITION ON IMPOSITION 

8 OF CERTAIN CHARGES AND FEES AT THE 

9 SERVICE ACADEMIES. 

10 (a) UNITED STATES MILITARY ACADEMY.—(1) 

11 Chapter 403 of title 10, United States Code, is amended 

12 by adding at the end the following new section:

13 ‘‘§ 4359. Cadets: charges and fees for attendance; limi14 tation 

15 ‘‘(a) PROHIBITION.—Except as provided in sub16 section (b), no charge or fee for tuition, room, or board 

17 for attendance at the Academy may be imposed unless the 

18 charge or fee is specifically authorized by a law enacted 

19 after October 5, 1994. 

20 ‘‘(b) EXCEPTION.—The prohibition specified in sub21 section (a) does not apply with respect to any item or serv22 ice provided to cadets for which a charge or fee is imposed 

23 as of October 5, 1994. The Secretary of Defense shall no24 tify Congress of any change made by the Academy in the 
176

•HR 4200 PCS 

1 amount of a charge or fee authorized under this sub2 section.’’.

3 (2) The table of sections at the beginning of such 

4 chapter is amended by adding at the end the following 

5 new item:

‘‘4359. Cadets: charges and fees for attendance; limitation.’’.

6 (b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 

7 603 of title 10, United States Code, is amended by adding 

8 at the end the following new section:

9 ‘‘§ 6978. Midshipmen: charges and fees for attend10 ance; limitation 

11 ‘‘(a) PROHIBITION.—Except as provided in sub12 section (b), no charge or fee for tuition, room, or board 

13 for attendance at the Naval Academy may be imposed un14 less the charge or fee is specifically authorized by a law 

15 enacted after October 5, 1994. 

16 ‘‘(b) EXCEPTION.—The prohibition specified in sub17 section (a) does not apply with respect to any item or serv18 ice provided to midshipmen for which a charge or fee is 

19 imposed as of October 5, 1994. The Secretary of Defense 

20 shall notify Congress of any change made by the Naval 

21 Academy in the amount of a charge or fee authorized 

22 under this subsection.’’.
177

•HR 4200 PCS 

1 (2) The table of sections at the beginning of such 

2 chapter is amended by adding at the end the following 

3 new item:

‘‘4359. Midshipmen: charges and fees for attendance; limitation.’’.

4 (c) UNITED STATES AIR FORCE ACADEMY.—(1) 

5 Chapter 903 of title 10, United States Code, is amended 

6 by adding at the end the following new section:

7 ‘‘§ 9359. Cadets: charges and fees for attendance; limi8 tation 

9 ‘‘(a) PROHIBITION.—Except as provided in sub10 section (b), no charge or fee for tuition, room, or board 

11 for attendance at the Academy may be imposed unless the 

12 charge or fee is specifically authorized by a law enacted 

13 after October 5, 1994. 

14 ‘‘(b) EXCEPTION.—The prohibition specified in sub15 section (a) does not apply with respect to any item or serv16 ice provided to cadets for which a charge or fee is imposed 

17 as of October 5, 1994. The Secretary of Defense shall no18 tify Congress of any change made by the Academy in the 

19 amount of a charge or fee authorized under this sub20 section.’’.

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:

‘‘9359. Cadets: charges and fees for attendance; limitation.’’.
178

•HR 4200 PCS 

1 (d) UNITED STATES COAST GUARD ACADEMY.—(1) 

2 Chapter 9 of title 14, United States Code, is amended by 

3 adding at the end the following new section:

4 ‘‘§ 197. Cadets: charges and fees for attendance; limi5 tation 

6 ‘‘(a) PROHIBITION.—Except as provided in sub7 section (b), no charge or fee for tuition, room, or board 

8 for attendance at the Academy may be imposed unless the 

9 charge or fee is specifically authorized by a law enacted 

10 after October 5, 1994. 

11 ‘‘(b) EXCEPTION.—The prohibition specified in sub12 section (a) does not apply with respect to any item or serv13 ice provided to cadets for which a charge or fee is imposed 

14 as of October 5, 1994. The Secretary of Homeland Secu15 rity shall notify Congress of any change made by the 

16 Academy in the amount of a charge or fee authorized 

17 under this subsection.’’.

18 (2) The table of sections at the beginning of such 

19 chapter is amended by adding at the end the following 

20 new item:

‘‘197. Cadets: charges and fees for attendance; limitation.’’.

21 (e) UNITED STATES MERCHANT MARINE ACAD22 EMY.—Section 1303 of the Merchant Marine Act, 1936 

23 (46 U.S.C. App. 1295b), is amended by adding at the end 

24 the following new subsection: 
179

•HR 4200 PCS 

1 ‘‘(j) LIMITATION ON CHARGES AND FEES FOR AT2 TENDANCE.—

3 ‘‘(1) Except as provided in paragraph (2), no 

4 charge or fee for tuition, room, or board for attend5 ance at the Academy may be imposed unless the 

6 charge or fee is specifically authorized by a law en7 acted after October 5, 1994. 

8 ‘‘(2)The prohibition specified in paragraph (1) 

9 does not apply with respect to any item or service 

10 provided to cadets for which a charge or fee is im11 posed as of October 5, 1994. The Secretary of 

12 Transportation shall notify Congress of any change 

13 made by the Academy in the amount of a charge or 

14 fee authorized under this paragraph.’’.

15 (f) REPEAL OF CODIFIED PROVISION.—Section 553 

16 of the National Defense Authorization Act for Fiscal Year 

17 1995 (Public Law 103–337; 10 U.S.C. 4331 note) is re18 pealed. 

19 SEC. 559. QUALIFICATIONS OF THE DEAN OF THE FACULTY 

20 OF UNITED STATES AIR FORCE ACADEMY. 

21 Section 9335(a) of title 10, United States Code, is 

22 amended by inserting before the period at the end of the 

23 second sentence the following: ‘‘, except that, if the Dean 

24 is not an officer on active duty, the Dean shall be a retired 

25 officer or former officer, and a person may not be ap-
180

•HR 4200 PCS 

1 pointed or assigned as Dean unless that person holds the 

2 highest academic degree in that person’s academic field’’. 

3 SEC. 560A. BOARD OF VISITORS OF UNITED STATES AIR 

4 FORCE ACADEMY. 

5 Section 9355 of title 10, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 9355. Board of Visitors 

8 ‘‘(a) A Board of Visitors to the Academy is con9 stituted annually. The Board consists of the following 

10 members: 

11 ‘‘(1) Six persons designated by the President. 

12 ‘‘(2) Four persons designated by the Speaker of 

13 the House of Representatives, three of whom shall 

14 be members of the House of Representatives and the 

15 fourth of whom may not be a member of the House 

16 of Representatives. 

17 ‘‘(3) Three persons designated by the Vice 

18 President or the President pro tempore of the Sen19 ate, two of whom shall be members of the Senate 

20 and the third of whom may not be a member of the 

21 Senate. 

22 ‘‘(4) The chairman of the Committee on Armed 

23 Services of the House of Representatives, or his des24 ignee. 
181

•HR 4200 PCS 

1 ‘‘(5) The chairman of the Committee on Armed 

2 Services of the Senate, or his designee. 

3 ‘‘(b)(1) The persons designated by the President 

4 serve for three years each except that any member whose 

5 term of office has expired shall continue to serve until his 

6 successor is designated. The President shall designate per7 sons each year to succeed the members designated by the 

8 President whose terms expire that year. 

9 ‘‘(2) At least two of the members designated by the 

10 President shall be graduates of the Academy. 

11 ‘‘(c)(1) If a member of the Board dies or resigns or 

12 is terminated as a member of the board under paragraph 

13 (2), a successor shall be designated for the unexpired por14 tion of the term by the official who designated the mem15 ber. 

16 ‘‘(2) If a member of the Board fails to attend two 

17 successive Board meetings, except in a case in which an 

18 absence is approved in advance, for good cause, by the 

19 Board chairman, such failure shall be grounds for termi20 nation from membership on the Board. A person des21 ignated for membership on the Board shall be provided 

22 notice of the provisions of this paragraph at the time of 

23 such designation. 

24 ‘‘(d) The Board should meet at least four times a 

25 year, with at least two of those meetings at the Academy. 
182

•HR 4200 PCS 

1 The Board or its members may make other visits to the 

2 Academy in connection with the duties of the Board. 

3 Board meetings should last at least one full day. Board 

4 members shall have access to the Academy grounds and 

5 the cadets, faculty, staff, and other personnel of the Acad6 emy for the purposes of the duties of the Board. 

7 ‘‘(e)(1) The Board shall inquire into the morale, dis8 cipline, and social climate, the curriculum, instruction, 

9 physical equipment, fiscal affairs, academic methods, and 

10 other matters relating to the Academy that the Board de11 cides to consider. 

12 ‘‘(2) The Secretary of the Air Force and the Super13 intendent of the Academy shall provide the Board candid 

14 and complete disclosure, consistent with applicable laws 

15 concerning disclosure of information, of all institutional 

16 problems. 

17 ‘‘(3) The Board shall recommend appropriate action. 

18 ‘‘(f) Within 30 days after any meeting of the Board, 

19 the Board shall submit a written report concurrently to 

20 the Secretary of Defense, through the Secretary of the Air 

21 Force, and to the Committee on Armed Services of the 

22 Senate and the Committee on Armed Services of the 

23 House of Representatives with its views and recommenda24 tions pertaining to the Academy. 
183

•HR 4200 PCS 

1 ‘‘(g) Upon approval by the Secretary, the Board may 

2 call in advisers for consultation. 

3 ‘‘(h) While performing duties as a member of the 

4 Board, each member of the Board and each adviser shall 

5 be reimbursed under Government travel regulations for 

6 travel expenses.’’. 

7 SEC. 560B. ESTABLISHMENT OF COLLEGE FINANCIAL AS8 SISTANCE PROGRAM FOR DISTRICT OF CO9 LUMBIA NATIONAL GUARD. 

10 (a) AUTHORITY.—Under regulations prescribed by 

11 the Secretary of Defense, the Secretary concerned may, 

12 in recognition of the unique position of the District of Co13 lumbia in the Federal system, provide financial assistance 

14 to eligible members of the National Guard of the District 

15 of Columbia for expenses of such a member while enrolled 

16 in an approved institution of higher education in a degree, 

17 certificate, or other program (including a program of 

18 study abroad approved for credit by the institution of 

19 higher education) leading to a recognized educational cre20 dential at the institution of higher education. Any such 

21 assistance may be provided only during the program appli22 cability period specified in subsection (i). 

23 (b) AUTHORITY SUBJECT TO AVAILABILITY OF AP24 PROPRIATIONS.—The authority provided in subsection (a) 
184

•HR 4200 PCS 

1 is subject to the availability of appropriations for that pur2 pose. 

3 (c) ELIGIBILITY.—To be eligible for financial assist4 ance under this section, a member of the National Guard 

5 of the District of Columbia must—

6 (1) be a member of the National Guard of the 

7 District of Columbia for not less than the 12 con8 secutive months preceding the commencement of the 

9 tuition assistance and continue to be such a member 

10 while receiving such assistance; 

11 (2) agree to serve one year in the National 

12 Guard of the District of Columbia for each academic 

13 year of assistance provided; 

14 (3) be enrolled or accepted for enrollment in a 

15 program of education referred to in subsection (a) at 

16 an institution of higher education; and 

17 (4) if already enrolled, maintain satisfactory 

18 progress in the course of study the member is pur19 suing in accordance with section 484(c) of the High20 er Education Act of 1965 (20 U.S.C. 1091(c)). 

21 (d) COVERED EXPENSES.—Expenses for which fi22 nancial assistance may be provided under this section are 

23 the following: 

24 (1) Tuition and fees charged by an approved in25 stitution of higher education involved. 
185

•HR 4200 PCS 

1 (2) The cost of books. 

2 (3) Laboratory expenses. 

3 (e) AMOUNT.—(1) The amount of financial assistance 

4 provided to a member of the National Guard of the Dis5 trict of Columbia under this section shall be prescribed 

6 by the Secretary concerned, but may not exceed $2,500 

7 for any academic year. The Secretary concerned shall pro8 rate assistance under this section for members who pursue 

9 a program of education on less than a full-time basis. 

10 (2) A member may not receive more than $12,500 

11 under this section. 

12 (f) CONSTRUCTION.—Nothing in this section shall be 

13 construed to require an institution of higher education to 

14 alter the institution’s admissions policies or standards in 

15 any manner to enable a member of the National Guard 

16 of the District of Columbia to enroll in the institution. 

17 (g) DEFINITIONS.—In this section: 

18 (1) The term ‘‘approved institution of higher 

19 education’’ means an institution of higher education 

20 (as defined in section 101 of the Higher Education 

21 Act of 1965 (20 U.S.C. 1001)) that—

22 (A) is eligible to participate in the student 

23 financial assistance programs under title IV of 

24 the Higher Education Act of 1965 (20 U.S.C. 

25 1070 et seq.); and 
186

•HR 4200 PCS 

1 (B) has entered into an agreement with 

2 the Secretary concerned containing such condi3 tions as the Secretary may specify, including a 

4 requirement that the institution use the funds 

5 made available under this section to supplement 

6 and not supplant assistance that otherwise 

7 would be provided to eligible students from the 

8 District of Columbia National Guard. 

9 (2) SECRETARY CONCERNED.—The term ‘‘Sec10 retary concerned’’ means—

11 (A) the Secretary of the Army, in the case 

12 of the Army National Guard of the District of 

13 Columbia; and 

14 (B) the Secretary of the Air Force, in the 

15 case of the Air National Guard of the District 

16 of Columbia. 

17 (h) ANNUAL REPORT.—At the close of each year dur18 ing which the program under this section is in effect, the 

19 Secretary of Defense shall submit to the congressional de20 fense committees a report on the effectiveness of the pro21 gram in improving recruiting and retention for the Dis22 trict of Columbia National Guard. Each such report shall 

23 include such recommendations for changes in law or policy 

24 as the Secretary considers appropriate. In the first such 

25 report, the Secretary shall include an analysis of means 
187

•HR 4200 PCS 

1 for improving the effectiveness as a recruitment and reten2 tion incentive of any program providing tuition assistance 

3 for members of the District of Columbia National Guard 

4 in existence as of the date of the enactment of this Act. 

5 (i) PROGRAM APPLICABILITY PERIOD.—Financial as6 sistance may be provided under this section to eligible 

7 members of the National Guard of the District of Colum8 bia for periods of instruction that begin during the three9 year period beginning on the date of the enactment of this 

10 Act.

11 Subtitle G—Medals and Decora12 tions and Special Promotions 

13 and Appointments

14 SEC. 561. SEPARATE MILITARY CAMPAIGN MEDALS TO REC15 OGNIZE SERVICE IN OPERATION ENDURING 

16 FREEDOM AND SERVICE IN OPERATION 

17 IRAQI FREEDOM. 

18 (a) REQUIREMENT.—The President shall establish a 

19 campaign medal specifically to recognize service by mem20 bers of the uniformed services in Operation Enduring 

21 Freedom and a separate campaign medal specifically to 

22 recognize service by members of the uniformed services in 

23 Operation Iraqi Freedom. 

24 (b) ELIGIBILITY.—Subject to such limitations as may 

25 be prescribed by the President, eligibility for a campaign 
188

•HR 4200 PCS 

1 medal established pursuant to subsection (a) shall be set 

2 forth in regulations to be prescribed by the Secretary con3 cerned (as defined in section 101 of title 10, United States 

4 Code). In the case of regulations prescribed by the Secre5 taries of the military departments, the regulations shall 

6 be subject to approval by the Secretary of Defense and 

7 shall be uniform throughout the Department of Defense.

8 SEC. 562. ELIGIBILITY OF ALL UNIFORMED SERVICES PER9 SONNEL FOR NATIONAL DEFENSE SERVICE 

10 MEDAL. 

11 The President shall revise the criteria for eligibility 

12 for the decoration known as the National Defense Service 

13 Medal so as to extend such eligibility, with respect to serv14 ice on or after September 11, 2001, to members of all 

15 of the uniformed services.

16 SEC. 563. AUTHORITY TO APPOINT BRIGADIER GENERAL 

17 CHARLES E. YEAGER, UNITED STATES AIR 

18 FORCE (RETIRED), TO THE GRADE OF MAJOR 

19 GENERAL ON THE RETIRED LIST. 

20 The President is authorized to appoint, by and with 

21 the advice and consent of the Senate, Brigadier General 

22 Charles E. Yeager, United States Air Force (retired), to 

23 the grade of major general on the retired list of the Air 

24 Force. Any such appointment shall not affect the retired 

25 pay or other benefits of Charles E. Yeager or any benefits 
189

•HR 4200 PCS 

1 to which any other person is or may become entitled based 

2 upon his service.

3 SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCH4 ELL IN THE GRADE OF MAJOR GENERAL IN 

5 THE ARMY. 

6 (a) AUTHORITY.—The President, by and with the ad7 vice and consent of the Senate, may issue posthumously 

8 a commission as major general, United States Army, in 

9 the name of the late William Mitchell, formerly a colonel, 

10 United States Army, who resigned his commission on Feb11 ruary 1, 1926. 

12 (b) DATE OF COMMISSION.—A commission issued 

13 under subsection (a) shall issue as of the date of the death 

14 of William Mitchell on February 19, 1936. 

15 (c) PROHIBITION OF BENEFITS.—No person is enti16 tled to receive any bonus, gratuity, pay, allowance, or 

17 other financial benefit by reason of the enactment of this 

18 section. 

19 SEC. 565. REQUIREMENTS FOR AWARD OF COMBAT INFAN20 TRYMAN BADGE AND COMBAT MEDICAL 

21 BADGE WITH RESPECT TO SERVICE IN 

22 KOREA AFTER JULY 28, 1953. 

23 (a) STANDARDIZATION OF REQUIREMENTS WITH

24 OTHER GEOGRAPHIC AREAS.—(1) Chapter 357 of title 
190

•HR 4200 PCS 

1 10, United States Code, is amended by adding at the end 

2 the following new section: 

3 ‘‘§ 3757. Korean defense service: Combat Infantryman 

4 Badge; Combat Medical Badge 

5 ‘‘The Secretary of the Army shall provide that, with 

6 respect to service in the Republic of Korea after July 28, 

7 1953, eligibility of a member of the Army for the Combat 

8 Infantryman Badge or the Combat Medical Badge shall 

9 be met under criteria and eligibility requirements that, as 

10 nearly as practicable, are identical to those applicable, at 

11 the time of such service in the Republic of Korea, to serv12 ice elsewhere without regard to specific location or special 

13 circumstances. In particular, such eligibility shall be estab14 lished—

15 ‘‘(1) without any requirement for service by the 

16 member in an area designated as a ‘hostile fire area’ 

17 (or by any similar designation) or that the member 

18 have been authorized hostile fire pay; 

19 ‘‘(2) without any requirement for a minimum 

20 number of instances (in excess of one) in which the 

21 member was engaged with the enemy in active 

22 ground combat involving an exchange of small arms 

23 fire; and 

24 ‘‘(3) without any requirement for personal rec25 ommendation or approval by commanders in the 
191

•HR 4200 PCS 

1 member’s chain of command other than is generally 

2 applicable for service at locations outside the Repub3 lic of Korea.’’. 

4 (2) The table of sections at the beginning of such 

5 chapter is amended by adding at the end the following 

6 new item:

‘‘3757. Korean defense service: Combat Infantryman Badge; Combat Medical 

Badge.’’.

7 (b) APPLICABILITY TO SERVICE BEFORE DATE OF

8 ENACTMENT.—The Secretary of the Army shall establish 

9 procedures to provide for the implementation of section 

10 3757 of title 10, United States Code, as added by sub11 section (a), with respect to service in the Republic of 

12 Korea during the period between July 28, 1953, and the 

13 date of the enactment of this Act. Such procedures shall 

14 include a requirement for submission of an application for 

15 award of a badge under that section with respect to service 

16 before the date of the enactment of this Act and the fur17 nishing of such information as the Secretary may specify.

18 SEC. 566. ARMY COMBAT RECOGNITION RIBBON. 

19 (a) REQUIREMENT SIMILAR TO THAT FOR NAVY

20 COMBAT ACTION RIBBBON .—(1) Chapter 357 of title 10, 

21 United States Code, is amended by adding at the end the 

22 following new section: 
192

•HR 4200 PCS 

1 ‘‘§ 3757. Combat recognition ribbon 

2 ‘‘(a) REQUIREMENT.—The Secretary of the Army 

3 shall establish a combat recognition ribbon to recognize 

4 participation by members of the Army in combat. The Sec5 retary shall award the combat recognition ribbon to each 

6 member of the Army who meets the criteria for that rib7 bon based upon service performed after August 1, 1990. 

8 ‘‘(b) CRITERIA FOR AWARD.—The Secretary shall es9 tablish the criteria for award of the combat recognition 

10 ribbon. To the maximum extent practicable, the criteria 

11 for the award of such ribbon shall be based upon, and 

12 be similar to, the criteria for award of the Navy Combat 

13 Action Ribbon, including any special criteria for service 

14 during a particular period of time or in a specific location. 

15 ‘‘(c) LIMITATION.—The combat recognition ribbon 

16 may not be awarded to a member of the Army with respect 

17 to the same period of service as service for which the mem18 ber was awarded the Combat Infantryman Badge or the 

19 Combat Medic Badge.’’. 

20 (2) The table of sections at the beginning of such 

21 chapter is amended by adding at the end the following 

22 new item:

‘‘3757. Combat recognition ribbon.’’.

23 (b) IMPLEMENTATION FOR SERVICE BEFORE DATE

24 OF ENACTMENT.—The Secretary of the Army shall estab25 lish procedures to provide for the implementation of sec-
193

•HR 4200 PCS 

1 tion 3757 of title 10, United States Code, as added by 

2 subsection (a), with respect to service during the period 

3 beginning on August 1, 1990, and ending on the date of 

4 the enactment of this Act. Such procedures shall include 

5 a requirement for submission of an application for award 

6 of a ribbon under that section with respect to service be7 fore the date of the enactment of this Act and the fur8 nishing of such information as the Secretary may specify. 

9 Such procedures shall be established not later than 180 

10 days after the date of the enactment of this Act.

11 Subtitle H—Military Justice 

12 Matters

13 SEC. 571. REVIEW ON HOW SEXUAL OFFENSES ARE COV14 ERED BY UNIFORM CODE OF MILITARY JUS15 TICE. 

16 (a) REVIEW REQUIRED.—The Secretary of Defense 

17 shall review the Uniform Code of Military Justice and the 

18 Manual for Courts-Martial with the objective of deter19 mining what changes are required to improve the ability 

20 of the military justice system to address issues relating 

21 to sexual assault and to conform the Uniform Code of 

22 Military Justice and the Manual for Courts-Martial more 

23 closely to other Federal laws and regulations that address 

24 such issues. 
194

•HR 4200 PCS 

1 (b) REPORT.—Not later than March 1, 2005, the 

2 Secretary shall submit to the Committee on Armed Serv3 ices of the Senate and the Committee on Armed Services 

4 of the House of Representatives a report on the review 

5 carried out under subsection (a). The report shall include 

6 the recommendations of the Secretary for revisions to the 

7 Uniform Code of Military Justice and, for each such revi8 sion, the rationale behind that revision.

9 SEC. 572. SERVICE TIME NOT LOST WHEN CONFINED IN 

10 CONNECTION WITH TRIAL IF CONFINEMENT 

11 EXCUSED AS UNAVOIDABLE. 

12 Section 972 of title 10, United States Code, is 

13 amended in each of subsections (a)(3) and (b)(3) by in14 serting after ‘‘the trial’’ the following: ‘‘, unless such con15 finement is excused as unavoidable’’.

16 SEC. 573. CLARIFICATION OF AUTHORITY OF MILITARY 

17 LEGAL ASSISTANCE COUNSEL TO PROVIDE 

18 MILITARY LEGAL ASSISTANCE WITHOUT RE19 GARD TO LICENSING REQUIREMENTS. 

20 Section 1044 of title 10, United States Code, is 

21 amended by adding at the end the following new sub22 section: 

23 ‘‘(e)(1) Notwithstanding any law regarding the licen24 sure of attorneys, a judge advocate or civilian attorney 

25 who is authorized to provide military legal assistance is 
195

•HR 4200 PCS 

1 authorized to provide that assistance in any jurisdiction, 

2 subject to such regulations as may be prescribed by the 

3 Secretary concerned. 

4 ‘‘(2) In this subsection, the term ‘military legal as5 sistance’ includes—

6 ‘‘(A) legal assistance provided under this sec7 tion; and 

8 ‘‘(B) legal assistance contemplated by sections 

9 1044a, 1044b, 1044c, and 1044d of this title.’’.

10 Subtitle I—Management and 

11 Administrative Matters 

12 SEC. 581. THREE-YEAR EXTENSION OF LIMITATION ON RE13 DUCTIONS OF PERSONNEL OF AGENCIES RE14 SPONSIBLE FOR REVIEW AND CORRECTION 

15 OF MILITARY RECORDS. 

16 Section 1559(a) of title 10, United States Code, is 

17 amended by striking ‘‘During fiscal years 2003, 2004, and 

18 2005,’’ and inserting ‘‘Before October 1, 2008,’’.

19 SEC. 582. STAFFING AND FUNDING FOR DEFENSE PRIS20 ONER OF WAR/MISSING PERSONNEL OFFICE 

21 (DPMO). 

22 (a) MINIMUM LEVEL OF STAFFING.—Subparagraph 

23 (B) of section 1501(a)(5) of title 10, United States Code, 

24 is amended to read as follows: 

25 ‘‘(B)(i) For any fiscal year—
196

•HR 4200 PCS 

1 ‘‘(I) the number of full-time Department of De2 fense personnel permanently assigned or detailed to 

3 the office shall be not less than 46 members of the 

4 armed forces and not less than 69 civilian employees 

5 of the Department of Defense; and 

6 ‘‘(II) the number of permanent positions au7 thorized for the office shall be not less than 46 posi8 tions for members of the armed forces and not less 

9 than 69 positions for civilian employees. 

10 ‘‘(ii) No reductions below the numbers assigned or 

11 authorized under clause (i) may be made unless expressly 

12 authorized by law. 

13 ‘‘(iii) If for any reason the number of military or civil14 ian personnel assigned to the office should fall below the 

15 required level under clause (i)(I), the Secretary of Defense 

16 shall promptly notify the Committees on Armed Services 

17 of the Senate and House of Representatives of the number 

18 of personnel so assigned and of the Secretary’s plan to 

19 restore the staffing levels of the office to at least the re20 quired minimums under clause (i). The Secretary shall 

21 publish such notice and plan in the Federal Register.’’. 

22 (b) MINIMUM LEVEL OF FUNDING.—Subparagraph 

23 (C) of such section is amended to read as follows: 
197

•HR 4200 PCS 

1 ‘‘(C) For any fiscal year, the level of funding allo2 cated to the office shall be not less than $16,000,000 un3 less a lower level of funding is expressly required by law.’’.

4 SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPEND5 ENTS AGE 70 AND OLDER. 

6 (a) IN GENERAL.—(1) Chapter 53 of title 10, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 1060b. Military ID cards: dependents and survivors 

10 of retirees; issuance of permanent ID 

11 card after attaining 70 years of age 

12 ‘‘(a) PERMANENT ID CARD AFTER AGE 70.—In 

13 issuing military ID cards to retiree dependents, the Sec14 retary concerned shall issue a permanent ID card (not 

15 subject to renewal) to any such retiree dependent who has 

16 attained 70 years of age. Such a permanent ID card shall 

17 be issued upon the expiration, after the retiree dependent 

18 attains 70 years of age, of any earlier, renewable military 

19 ID card or, if earlier, upon the request of such a retiree 

20 dependent after attaining age 70. 

21 ‘‘(b) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘military ID card’ means a card 

23 or other form of identification used for purposes of 

24 demonstrating eligibility for any benefit from the 

25 Department of Defense. 
198

•HR 4200 PCS 

1 ‘‘(2) The term ‘‘retiree dependent’’ means a 

2 person who is a dependent of a retired member of 

3 the uniformed services, or a survivor of a deceased 

4 retired member of the uniformed services, who is eli5 gible for any benefit from the Department of De6 fense.’’. 

7 (2) The table of sections at the beginning of such 

8 chapter is amended by adding at the end the following 

9 new item:

‘‘1060b. Military ID cards: dependents and survivors of retirees; issuance of permanent ID card after attaining 70 years of age.’’.

10 (b) EFFECTIVE DATE.—Section 1060b of title 10, 

11 United States Code, as added by subsection (a), shall take 

12 effect on October 1, 2004.

13 SEC. 584. AUTHORITY TO PROVIDE CIVILIAN CLOTHING TO 

14 MEMBERS TRAVELING IN CONNECTION WITH 

15 MEDICAL EVACUATION. 

16 (a) AUTHORITY.—Section 1047 of title 10, United 

17 States Code, is amended—

18 (1) by inserting ‘‘(b) CERTAIN ENLISTED MEM19 BERS.—’’ before ‘‘The Secretary’’; and 

20 (2) by inserting after the section heading the 

21 following: 

22 ‘‘(a) MEMBERS TRAVELING IN CONNECTION WITH

23 MEDICAL EVACUATION.—The Secretary of the military 

24 department concerned may furnish civilian clothing to a 
199

•HR 4200 PCS 

1 member at a cost not to exceed $250, or reimburse a mem2 ber for the purchase of civilian clothing in an amount not 

3 to exceed $250, in the case of a member who—

4 ‘‘(1) is medically evacuated for treatment in a 

5 medical facility by reason of an illness or injury in6 curred or aggravated while on active duty; or 

7 ‘‘(2) after being medically evacuated as de8 scribed in paragraph (1), is in an authorized travel 

9 status from a medical facility to another location ap10 proved by the Secretary.’’.

11 (b) EFFECTIVE DATE.—Subsection (a) of section 

12 1047 of title 10, United States Code, as added by sub13 section (a) shall take effect on October 1, 2004.

14 SEC. 585. AUTHORITY TO ACCEPT DONATION OF FREQUENT 

15 TRAVELER MILES, CREDITS, AND TICKETS TO 

16 FACILITATE REST AND RECUPERATION 

17 TRAVEL OF DEPLOYED MEMBERS OF THE 

18 ARMED FORCES AND THEIR FAMILIES. 

19 (a) OPERATION HERO MILES.—Chapter 155 of title 

20 10, United States Code, is amended by adding at the end 

21 the following new section:
200

•HR 4200 PCS 

1 ‘‘§ 2613. Acceptance of frequent traveler miles, cred2 its, and tickets; use to facilitate rest and 

3 recuperation travel of deployed members 

4 and their families 

5 ‘‘(a) AUTHORITY TO ACCEPT DONATION OF TRAVEL

6 BENEFITS.—Subject to subsection (c), the Secretary of 

7 Defense may accept from any person or government agen8 cy the donation of travel benefits for the purposes of use 

9 under subsection (d). 

10 ‘‘(b) TRAVEL BENEFIT DEFINED.—In the section, 

11 the term ‘‘travel benefit’’ means frequent traveler miles, 

12 credits for tickets, or tickets for air or surface transpor13 tation issued by an air carrier or a surface carrier, respec14 tively, that serves the public. 

15 ‘‘(c) CONDITION ON AUTHORITY TO ACCEPT DONA16 TION.—The Secretary may accept a donation of a travel 

17 benefit under this section only if the air or surface carrier 

18 that is the source of the benefit consents to such donation. 

19 Any such donation shall be under such terms and condi20 tions as the surface carrier may specify, and the travel 

21 benefit so donated may be used only in accordance with 

22 the rules established by the carrier. 

23 ‘‘(d) USE OF DONATED TRAVEL BENEFITS.—A trav24 el benefit accepted under this section may be used only 

25 for the purpose of—
201

•HR 4200 PCS 

1 ‘‘(1) facilitating the travel of a member of the 

2 armed forces who—

3 ‘‘(A) is deployed on active duty away from 

4 the permanent duty station of the member; and 

5 ‘‘(B) is granted, during such deployment, 

6 rest and recuperative leave, emergency leave, 

7 convalescent leave, or another form of leave au8 thorized for the member; or 

9 ‘‘(2) facilitating the travel of family members of 

10 a member described in paragraph (1) in order to be 

11 reunited with the member. 

12 ‘‘(e) ADMINISTRATION.—The Secretary shall des13 ignate a single office in the Department of Defense to 

14 carry out this section. That office shall be responsible for 

15 developing rules and procedures to facilitate the accept16 ance and distribution of travel benefit under this section. 

17 ‘‘(f) STATUS OF BENEFITS RECEIVED.—A member 

18 of the armed forces, or a family member of a member of 

19 the armed forces, who receives a travel benefit under this 

20 section is deemed to recognize no income from the receipt 

21 or use of such benefit. A donors of a travel benefit under 

22 this section is deemed to obtain no tax benefit from such 

23 donation. 
202

•HR 4200 PCS 

1 ‘‘(g) FAMILY MEMBER DEFINED.—In this section, 

2 the term ‘family member’ has the meaning given that term 

3 in section 411h(b)(1) of title 37.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 at the end the following new item:

‘‘2613. Acceptance of frequent traveler miles, credits, and tickets; use to facilitate rest and recuperation travel of deployed members and 

their families.’’.

7 SEC. 586. LIMITATION ON AMENDMENT OR CANCELLATION 

8 OF DEPARTMENT OF DEFENSE DIRECTIVE 

9 RELATING TO REASONABLE ACCESS TO MILI10 TARY INSTALLATIONS FOR CERTAIN PER11 SONAL COMMERCIAL SOLICITATION. 

12 An amendment to Department of Defense Directive 

13 1344.7, ‘‘Personal Commercial Solicitation on DoD Instal14 lations’’, or cancellation of that directive, shall not take 

15 effect until after the end of the one-year period beginning 

16 on the date on which a report containing the results of 

17 the investigation regarding insurance premium allotment 

18 processing, which is underway as of the date of the enact19 ment of this Act, is submitted to the Committee on Armed 

20 Services and the Committee on Government Reform of the 

21 House of Representatives and the Committee on Armed 

22 Services and the Committee on Governmental Affairs of 

23 the Senate.
203

•HR 4200 PCS 

1 SEC. 587. ANNUAL IDENTIFICATION OF REASONS FOR DIS2 CHARGES FROM THE ARMED FORCES DUR3 ING PRECEDING FISCAL YEAR. 

4 Not later than January 1 each year, the Secretary 

5 of Defense shall submit to the Committees on Armed Serv6 ices of the Senate and House of Representatives a report 

7 on discharges from the Army, Navy, Air Force, and Ma8 rine Corps during the preceding fiscal year. Each such re9 port shall show, in the aggregate and for each of those 

10 Armed Forces, the following: 

11 (1) The total number of persons discharged 

12 during the preceding fiscal year. 

13 (2) For each separation code, and for each re14 enlistment eligibility code, used by the Armed 

15 Forces, the number of those discharged persons as16 signed that code. 

17 (3) For the persons assigned each such separa18 tion code, classification of discharges by age, by sex, 

19 by race, by military rank or grade, by time in serv20 ice, by unit (shown at the small unit level), by mili21 tary occupational specialty (or the equivalent), and 

22 by reenlistment eligibility code.
204

•HR 4200 PCS 

1 SEC. 588. AUTHORITY FOR FEDERAL RECOGNITION OF NA2 TIONAL GUARD COMMISSIONED OFFICERS 

3 APPOINTED FROM FORMER COAST GUARD 

4 PERSONNEL. 

5 Section 305(a) of title 32, United States Code, is 

6 amended—

7 (1) by striking ‘‘Army, Navy, Air Force, or Ma8 rine Corps’’ in paragraphs (2), (3), and (4) and in9 serting ‘‘armed forces’’; and 

10 (2) by striking ‘‘or the United States Air Force 

11 Academy’’ in paragraph (5) and inserting ‘‘the 

12 United States Air Force Academy, or the United 

13 States Coast Guard Academy’’.

14 SEC. 589. STUDY OF BLENDED WING CONCEPT FOR THE AIR 

15 FORCE. 

16 (a) STUDY REQUIRED.—Not later than March 1, 

17 2005, the Secretary of the Air Force shall submit to Con18 gress a report on the blended wing concept for the Air 

19 Force. The report shall include the Secretary’s findings 

20 as to the characteristics and locations that are considered 

21 favorable for a blended wing, a description of the manner 

22 in which current blended wings are functioning, and a 

23 statement of the current and future plans of the Air Force 

24 to implement the blended wing concept. 

25 (b) SELECTION CRITERIA.—The report shall include 

26 a description of the criteria and attributes that the Sec-
205

•HR 4200 PCS 

1 retary requires when choosing units to become blended 

2 wings.

3 SEC. 590. CONTINUATION OF IMPACT AID ASSISTANCE ON 

4 BEHALF OF DEPENDENTS OF CERTAIN MEM5 BERS DESPITE CHANGE IN STATUS OF MEM6 BER. 

7 (a) SPECIAL RULE.—For purposes of computing the 

8 amount of a payment for an eligible local educational 

9 agency under subsection (a) of section 8003 of the Ele10 mentary and Secondary Education Act (20 U.S.C. 7703) 

11 for school year 2004–2005, the Secretary of Education 

12 shall continue to count as a child enrolled in a school of 

13 such agency under such subsection any child who—

14 (1) would be counted under paragraph (1)(B) 

15 of such subsection to determine the number of chil16 dren who were in average daily attendance in the 

17 school; but 

18 (2) due to the deployment of both parents or 

19 legal guardians of the child, the deployment of a 

20 parent or legal guardian having sole custody of the 

21 child, or the death of a military parent or legal 

22 guardian while on active duty (so long as the child 

23 resides on Federal property (as defined in section 

24 8013(5) of such Act (7 U.S.C. 7713(5))), is not eli25 gible to be so counted. 
206

•HR 4200 PCS 

1 (b) TERMINATION.—The special rule provided under 

2 subsection (a) applies only so long as the children covered 

3 by such subsection remain in average daily attendance at 

4 a school in the same local educational agency they at5 tended before their change in eligibility status.

6 Subtitle J—Other Matters

7 SEC. 591. EMPLOYMENT PREFERENCES FOR SPOUSES OF 

8 CERTAIN DEPARTMENT OF DEFENSE CIVIL9 IAN EMPLOYEES SUBJECT TO RELOCATION 

10 AGREEMENTS. 

11 (a) SPOUSES OF CERTAIN CIVILIAN EMPLOYEES.—

12 (1) Section 1784 of title 10, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(h) INCLUSION OF SPOUSES OF CERTAIN DOD CI16 VILIAN EMPLOYEES SUBJECT TO RELOCATION AGREE17 MENTS.—(1) For the purposes of this section, the spouse 

18 of a civilian employee described in paragraph (2) shall be 

19 considered to be the spouse of a member of the armed 

20 forces. 

21 ‘‘(2) An employee described in this paragraph is a 

22 Department of Defense employee who, pursuant to a man23 datory mobility agreement executed as a condition of em24 ployment or pursuant to another civilian mobility program 

25 of the Department of Defense, has had a change of perma-
207

•HR 4200 PCS 

1 nent duty assignment (A) that was based on the needs 

2 of the Government, and (B) that required a relocation of 

3 the employee’s residence.’’. 

4 (b) CLERICAL AMENDMENTS.—(1) The heading of 

5 such section is amended to read as follows: 

6 ‘‘§ 1784. Employment opportunities: military spouses; 

7 certain Department of Defense civilian 

8 spouses subject to relocation agree9 ments’’. 

10 (2) The item relating to such section in the table of 

11 sections at the beginning of subchapter I of chapter 88 

12 of such title is amended to read as follows:

‘‘1784. Employment opportunities: military spouses; certain Department of Defense civilian spouses subject to relocation agreements.’’.

13 (c) EFFECTIVE DATE.—Subsection (h) of section 

14 1784 of title 10, United States Code, as added by sub15 section (a), shall apply only with respect to spouses of em16 ployees described in paragraph (2) of that subsection who 

17 relocate their residence as a result of a permanent duty 

18 assignment specified in that paragraph that is effective on 

19 or after the date of the enactment of this Act.
208

•HR 4200 PCS 

1 SEC. 592. REPEAL OF REQUIREMENT TO CONDUCT ELEC2 TRONIC VOTING DEMONSTRATION PROJECT 

3 FOR THE FEDERAL ELECTION TO BE HELD IN 

4 NOVEMBER 2004. 

5 Section 1604 of the National Defense Authorization 

6 Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 

7 1277; 42 U.S.C. 1977ff note) is repealed.

8 SEC. 593. EXAMINATION OF SEXUAL ASSAULT IN THE 

9 ARMED FORCES BY THE DEFENSE TASK 

10 FORCE ESTABLISHED TO EXAMINE SEXUAL 

11 HARASSMENT AND VIOLENCE AT THE MILI12 TARY SERVICE ACADEMIES. 

13 (a) EXTENSION OF TASK FORCE.—(1) The task force 

14 in the Department of Defense established by the Secretary 

15 of Defense pursuant to section 526 of the National De16 fense Authorization Act for Fiscal Year 2004 (Public Law 

17 108–136; 117 Stat. 1466) to examine matters relating to 

18 sexual harassment and violence at the United States Mili19 tary Academy and United States Naval Academy shall 

20 continue in existence for a period of at least 18 months 

21 after the date as of which the task force would otherwise 

22 be terminated pursuant to subsection (i) of that section. 

23 (2) Upon the completion of the functions of the task 

24 force referred to in paragraph (1) pursuant to section 526 

25 of the National Defense Authorization Act for Fiscal Year 

26 2004, the name of the task force shall be changed to the 
209

•HR 4200 PCS 

1 Defense Task Force on Sexual Assault in the Military 

2 Services, and the task force shall then carry out the func3 tions specified in this section. The task force shall not 

4 begin to carry out the functions specified in this section 

5 until it has completed its functions under such section 

6 526. 

7 (b) EXAMINATION OF MATTERS RELATING TO SEX8 UAL ASSAULT IN THE ARMED FORCES.—The task force 

9 shall conduct an examination of matters relating to sexual 

10 assault in cases in which members of the Armed Forces 

11 are either victims or commit acts of sexual assault. 

12 (c) RECOMMENDATIONS.—The Task Force shall in13 clude in its report under subsection (e) recommendations 

14 of ways by which civilian officials within the Department 

15 of Defense and leadership within the Armed Forces may 

16 more effectively address matters relating to sexual assault. 

17 That report shall include an assessment of, and rec18 ommendations (including any recommendations for 

19 changes in law) for measures to improve, with respect to 

20 sexual assault, the following: 

21 (1) Victim care and advocacy programs. 

22 (2) Effective prevention. 

23 (3) Collaboration among military investigative 

24 organizations with responsibility or jurisdiction. 
210

•HR 4200 PCS 

1 (4) Coordination between military and civilian 

2 communities, including local support organizations. 

3 (5) Reporting procedures, data collection, and 

4 tracking. 

5 (6) Oversight of sexual assault programs. 

6 (7) Military justice issues. 

7 (8) Other issues identified by the task force re8 lating to sexual assault. 

9 (d) METHODOLOGY.—In carrying out its examination 

10 under subsection (b) and in formulating its recommenda11 tions under subsection (c), the task force shall consider 

12 the findings and recommendations of previous reviews and 

13 investigations of sexual assault conducted by the Depart14 ment of Defense and the Armed Forces. 

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

16 initiation of its examination under subsection (b), the task 

17 force shall submit to the Secretary of Defense and the Sec18 retaries of the Army, Navy, and Air Force a report on 

19 the activities of the task force and on the activities of the 

20 Department of Defense and the Armed Forces to respond 

21 to sexual assault. 

22 (2) The report shall include the following: 

23 (A) A description of any barrier to implementa24 tion of improvements as a result of previous efforts 

25 to address sexual assault. 
211

•HR 4200 PCS 

1 (B) Other areas of concern not previously ad2 dressed in prior reports 

3 (C) The findings and conclusions of the task 

4 force. 

5 (D) Any recommendations for changes to policy 

6 and law that the task force considers appropriate. 

7 (3) Within 90 days after receipt of the report under 

8 paragraph (1), the Secretary of Defense shall submit the 

9 report, together with the Secretary’s evaluation of the re10 port, to the Committees on Armed Services of the Senate 

11 and House of Representatives. 

12 (f) TERMINATION.—The task force shall terminate 

13 90 days after the date on which the report of the task 

14 force is submitted to the Committees on Armed Services 

15 of the Senate and House of Representatives pursuant to 

16 subsection (e)(3).

17 SEC. 594. RENEWAL OF PILOT PROGRAM FOR TREATING 

18 GED AND HOME SCHOOL DIPLOMA RECIPI19 ENTS AS HIGH SCHOOL GRADUATES FOR DE20 TERMINATIONS OF ELIGIBILITY FOR ENLIST21 MENT. 

22 Section 571(e) of the Strom Thurmond National De23 fense Authorization Act for Fiscal Year 1999 (10 U.S.C. 

24 520 note) is amended to read as follows: 
212

•HR 4200 PCS 

1 ‘‘(e) DURATION OF PILOT PROGRAM.—The pilot pro2 gram shall be in effect during the period beginning on Oc3 tober 1, 2004, and ending on September 30, 2005.’’.

4 SEC. 595. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 

5 THAT BENEFIT DEPENDENTS OF MEMBERS 

6 OF THE ARMED FORCES AND DEPARTMENT 

7 OF DEFENSE CIVILIAN EMPLOYEES. 

8 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

9 PROGRAM FOR FISCAL YEAR 2005.—Of the amount au10 thorized to be appropriated pursuant to section 301(5) for 

11 operation and maintenance for Defense-wide activities, 

12 $50,000,000 shall be available only for the purpose of pro13 viding educational agencies assistance to local educational 

14 agencies. 

15 (b) NOTIFICATION.—Not later than June 30, 2005, 

16 the Secretary of Defense shall notify each local edu17 cational agency that is eligible for educational agencies as18 sistance for fiscal year 2005 of—

19 (1) that agency’s eligibility for the assistance; 

20 and 

21 (2) the amount of the assistance for which that 

22 agency is eligible. 

23 (c) DISBURSEMENT OF FUNDS.—The Secretary of 

24 Defense shall disburse funds made available under sub25 section (a) not later than 30 days after the date on which 
213

•HR 4200 PCS 

1 notification to the eligible local educational agencies is 

2 provided pursuant to subsection (b). 

3 (d) DEFINITIONS.—In this section: 

4 (1) The term ‘‘educational agencies assistance’’ 

5 means assistance authorized under section 386(b) of 

6 the National Defense Authorization Act for Fiscal 

7 Year 1993 (Public Law 102–484; 20 U.S.C. 7703 

8 note). 

9 (2) The term ‘‘local educational agency’’ has 

10 the meaning given that term in section 8013(9) of 

11 the Elementary and Secondary Education Act of 

12 1965 (20 U.S.C. 7713(9)).

13 SEC. 596. SENIOR RESERVE OFFICER TRAINING CORPS AND 

14 RECRUITER ACCESS AT INSTITUTIONS OF 

15 HIGHER EDUCATION. 

16 (a) CERTIFICATION OF COMPLIANCE WITH ROTC 

17 ACCESS PROVISIONS.—Subsection (a) of section 983 of 

18 title 10, United States Code, is amended—

19 (1) by inserting ‘‘(1)’’ before ‘‘No funds’’; 

20 (2) by striking ‘‘prevents—’’ and inserting 

21 ‘‘prevents, either (or both) of the following:’’; 

22 (3) by striking ‘‘(1) the’’ and inserting ‘‘(A) 

23 The’’; 

24 (4) by striking ‘‘; or’’ and inserting a period; 
214

•HR 4200 PCS 

1 (5) by striking ‘‘(2) a’’ and inserting ‘‘(B) A’’; 

2 and 

3 (6) by adding at the end the following: 

4 ‘‘(2)(A) Not later than 180 days after the date of 

5 the enactment of the National Defense Authorization Act 

6 for Fiscal Year 2005 and annually thereafter, the Sec7 retary of Defense shall request from each institution of 

8 higher education that has students participating in a Sen9 ior Reserve Officer Training Corps program during the 

10 then-current academic year of that institution a certifi11 cation that such institution, during the next academic year 

12 of the institution, will—

13 ‘‘(i) permit the Secretary of each military de14 partment to maintain a unit of the Senior Officer 

15 Training Corps (in accordance with subsection (a)) 

16 at that institution (or any subelement of that insti17 tution), should such Secretary elect to maintain such 

18 a unit; and 

19 ‘‘(ii) if the Secretary of the military department 

20 concerned elects not to establish or maintain a unit 

21 of the Senior Reserve Officer Training Corps at that 

22 institution, permit a student of that institution (or 

23 any subelement of that institution) to enroll in a 

24 unit of the Senior Reserve Officer Training Corps at 

25 another institution of higher education. 
215

•HR 4200 PCS 

1 ‘‘(B) Any certification under subparagraph (A) shall 

2 be made by the president of the institution (or equivalent 

3 highest ranking administrative official) and shall be sub4 mitted to the Secretary of Defense no later than 90 days 

5 after receipt of the request from the Secretary. 

6 ‘‘(C) In the case of any institution from which a cer7 tification is requested under subparagraph (A), if the Sec8 retary of Defense does not receive a certification in accord9 ance with subparagraph (B), or if the certification does 

10 not state that the university will comply with both clauses 

11 (i) and (ii) of subparagraph (A) during its next academic 

12 year, the Secretary shall make a determination under 

13 paragraph (1) as to whether the institution has a policy 

14 or practice described in that paragraph.’’. 

15 (b) EQUAL TREATMENT OF MILITARY RECRUITERS

16 WITH OTHER RECRUITERS.—Subsection (b)(1) of such 

17 section is amended—

18 (1) by striking ‘‘entry to campuses’’ and insert19 ing ‘‘access to campuses’’; and 

20 (2) by inserting before the semicolon at the end 

21 the following: ‘‘in a manner that is at least equal in 

22 quality and scope to the access to campuses and to 

23 students that is provided to any other employer’’. 

24 (c) PROHIBITION OF FUNDING FOR POST-SEC25 ONDARY SCHOOLS THAT PREVENT ROTC ACCESS OR
216

•HR 4200 PCS 

1 MILITARY RECRUITING.—(1) Subsection (d) of such sec2 tion is amended—

3 (A) in paragraph (1)—

4 (i) by striking ‘‘limitation established in 

5 subsection (a) applies’’ and inserting ‘‘limita6 tions established in subsections (a) and (b) 

7 apply’’; 

8 (ii) in subparagraph (B), by inserting ‘‘for 

9 any department or agency for which regular ap10 propriations are made’’ after ‘‘made available’’; 

11 and 

12 (iii) by adding at the end the following new 

13 subparagraphs: 

14 ‘‘(C) Any funds made available for the Depart15 ment of Homeland Security. 

16 ‘‘(D) Any funds made available for the National 

17 Nuclear Security Administration of the Department 

18 of Energy. 

19 ‘‘(E) Any funds made available for the Depart20 ment of Transportation. 

21 ‘‘(F) Any funds made available for the Central 

22 Intelligence Agency.’’; and 

23 (B) by striking paragraph (2). 
217

•HR 4200 PCS 

1 (2)(A) Subsection (b) of such section is amended by 

2 striking ‘‘subsection (d)(2)’’ and inserting ‘‘subsection 

3 (d)(1)’’. 

4 (B) Subsection (e) of such section is amended by in5 serting ‘‘, to the head of each other department and agen6 cy the funds of which are subject to the determination,’’ 

7 after ‘‘Secretary of Education’’. 

8 (d) CODIFICATION AND EXTENSION OF EXCLUSION

9 OF AMOUNTS TO COVER INDIVIDUAL PAYMENTS.—Sub10 section (d) of such section, as amended by subsection 

11 (c)(1), is further amended—

12 (1) by striking ‘‘The’’ after ‘‘(1)’’ and inserting 

13 ‘‘Except as provided in paragraph (2), the’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) Any Federal funding specified in paragraph (1) 

17 that is provided to an institution of higher education, or 

18 to an individual, to be available solely for student financial 

19 assistance, related administrative costs, or costs associated 

20 with attendance, may be used for the purpose for which 

21 the funding is provided.’’. 

22 (e) CONFORMING AMENDMENTS.—Subsections (a) 

23 and (b) of such section are amended by striking ‘‘(includ24 ing a grant of funds to be available for student aid)’’. 
218

•HR 4200 PCS 

1 (f) CONFORMING REPEAL OF CODIFIED PROVI2 SION.—Section 8120 of the Department of Defense Ap3 propriations Act, 2000 (Public Law 106–79; 10 U.S.C. 

4 983 note), is repealed 

5 (g) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply with respect to funds appropriated 

7 for fiscal year 2005 and thereafter.

8 SEC. 597. REPORTS ON TRANSFORMATION MILESTONES. 

9 (a) MILITARY TO CIVILIAN CONVERSIONS.—Not later 

10 than January 31, 2005, the Secretary of Defense shall 

11 submit to the Committees on Armed Services of the Sen12 ate and House of Representatives a report providing infor13 mation as to the number of positions in the Department 

14 of Defense converted during the previous fiscal year from 

15 performance by military personnel to performance by civil16 ian personnel. The report shall include—

17 (1) a description of the skill set of the positions 

18 converted; 

19 (2) specification of the total cost of such con20 versions and how that cost is being paid for; and 

21 (3) the number of positions in the Department 

22 of Defense projected for such conversion during the 

23 period from March 1, 2005, to January 31, 2006. 

24 (b) CIVILIAN SKILLS CORPS FEASIBILITY STUDY.—

25 (1) The Secretary of Defense shall conduct an Armed 
219

•HR 4200 PCS 

1 Forces-wide study of how a system to embed certain civil2 ian expertise skill sets within the military on a temporary 

3 basis could be implemented. The study shall include con4 sideration of all skills sets in which, as determined by the 

5 Secretary of Defense, there is a significant shortfall within 

6 the Armed Forces or which are high value, but of uncer7 tain need. The study shall examine the feasibility of imple8 menting a personnel system that expands the capability 

9 of the Armed Forces to rapidly access civilian volunteers 

10 with needed expertise outside of the reserve components. 

11 (2) The Secretary shall submit to the congressional 

12 defense committees a report on the results of the study 

13 under paragraph (1) not later than March 31, 2005. 

14 (c) MILITARY-TO-MILITARY CONVERSIONS.—Not 

15 later than March 31 of each of 2005, 2006, and 2007, 

16 the Secretary of Defense shall submit to the congressional 

17 defense committees a report on the milestones within the 

18 multiyear transformation for internal military-to-military 

19 transitions. Each such report shall include—

20 (1) the number of units and personnel trans21 ferred and retrained within the previous fiscal year 

22 and what their new unit designations are; and 

23 (2) a description of the transformation goals for 

24 the upcoming fiscal year and whether the previous 

25 years goals were met and why or why not. 
220

•HR 4200 PCS 

1 (d) TRANSFORMATION TO BRIGADE STRUCTURE FOR

2 THE ARMY.—No later than March 31 of each year, the 

3 Secretary of Defense shall submit to the congressional de4 fense committees a report on the status of the internal 

5 transformation of the Army from a division-orientated sys6 tem to a brigade-orientated one. Such a report shall be 

7 submitted for each year until the Secretary of the Army 

8 certifies to those committees that the transformation of 

9 the Army to brigade level units has been completed.

10 SEC. 598. DEPARTMENT OF DEFENSE POLICY AND PROCE11 DURES ON PREVENTION AND RESPONSE TO 

12 SEXUAL ASSAULTS INVOLVING MEMBERS OF 

13 THE ARMED FORCES. 

14 (a) COMPREHENSIVE POLICY ON PREVENTION AND

15 RESPONSE TO SEXUAL ASSAULTS.—(1) Not later than 

16 January 1, 2005, the Secretary of Defense shall develop 

17 a comprehensive policy for the Department of Defense on 

18 the prevention of and response to sexual assaults involving 

19 members of the Armed Forces. 

20 (2) The policy shall be based on the recommendations 

21 of the Department of Defense Task Force on Care for Vic22 tims of Sexual Assaults and on such other matters as the 

23 Secretary considers appropriate. 
221

•HR 4200 PCS 

1 (b) ELEMENTS OF COMPREHENSIVE POLICY.—The 

2 policy developed under subsection (a) shall address the fol3 lowing matters: 

4 (1) Prevention measures. 

5 (2) Education and training on prevention and 

6 response. 

7 (3) Investigation of complaints by command 

8 and law enforcement personnel. 

9 (4) Medical treatment of victims. 

10 (5) Confidential reporting of incidents. 

11 (6) Victim advocacy and intervention. 

12 (7) Oversight by commanders of administrative 

13 and disciplinary actions in response to substantiated 

14 incidents of sexual assault. 

15 (8) Disposition of victims of sexual assault, in16 cluding review by appropriate authority of adminis17 trative separation actions involving victims of sexual 

18 assault. 

19 (9) Disposition of members of the Armed 

20 Forces accused of sexual assault. 

21 (10) Liaison and collaboration with civilian 

22 agencies on the provision of services to victims of 

23 sexual assault. 
222

•HR 4200 PCS 

1 (11) Uniform collection of data on the incidence 

2 of sexual assaults and on disciplinary actions taken 

3 in substantiated cases of sexual assault. 

4 (c) REPORT ON IMPROVEMENT OF CAPABILITY TO

5 RESPOND TO SEXUAL ASSAULTS.—Not later than March 

6 1, 2005, the Secretary of Defense shall submit to Congress 

7 a proposal for such legislation as the Secretary considers 

8 necessary to enhance the capability of the Department of 

9 Defense to address matters relating to sexual assaults in10 volving members of the Armed Forces. 

11 (d) APPLICATION OF COMPREHENSIVE POLICY TO

12 MILITARY DEPARTMENTS.—The Secretary shall ensure 

13 that, to the maximum extent practicable, the policy devel14 oped under subsection (a) is implemented uniformly by the 

15 military departments. 

16 (e) POLICIES AND PROCEDURES OF MILITARY DE17 PARTMENTS.—(1) Not later than March 1, 2005, the Sec18 retaries of the military departments shall prescribe regula19 tions, or modify current regulations, on the policies and 

20 procedures of the military departments on the prevention 

21 of and response to sexual assaults involving members of 

22 the Armed Forces in order—

23 (A) to conform such policies and procedures to 

24 the policy developed under subsection (a); and 
223

•HR 4200 PCS 

1 (B) to ensure that such policies and procedures 

2 include the elements specified in paragraph (2). 

3 (2) The elements specified in this paragraph are as 

4 follows: 

5 (A) A program to promote awareness of the in6 cidence of sexual assaults involving members of the 

7 Armed Forces. 

8 (B) A program to provide victim advocacy and 

9 intervention for members of the Armed Force con10 cerned who are victims of sexual assault, which pro11 gram shall make available, at home stations and in 

12 deployed locations, trained advocates who are readily 

13 available to intervene on behalf of such victims. 

14 (C) Procedures for members of the Armed 

15 Force concerned to follow in the case of an incident 

16 of sexual assault involving a member of such Armed 

17 Force, including—

18 (i) specification of the person or persons to 

19 whom the alleged offense should be reported; 

20 (ii) specification of any other person whom 

21 the victim should contact; 

22 (iii) procedures for the preservation of evi23 dence; and 

24 (iv) procedures for confidential reporting 

25 and for contacting victim advocates. 
224

•HR 4200 PCS 

1 (D) Procedures for disciplinary action in cases 

2 of sexual assault by members of the Armed Force 

3 concerned. 

4 (E) Other sanctions authorized to be imposed 

5 in substantiated cases of sexual assault, whether 

6 forcible or nonforcible, by members of the Armed 

7 Force concerned. 

8 (F) Training on the policies and procedures for 

9 all members of the Armed Force concerned, includ10 ing specific training for members of the Armed 

11 Force concerned who process allegations of sexual 

12 assault against members of such Armed Force. 

13 (G) Any other matters that the Secretary of 

14 Defense considers appropriate. 

15 (f) ANNUAL ASSESSMENT OF POLICIES AND PROCE16 DURES.—Not later than January 15, 2006, and each year 

17 thereafter, each Secretary of a military department shall 

18 conduct an assessment of the implementation during the 

19 preceding fiscal year of the policies and procedures of such 

20 department on the prevention of and response to sexual 

21 assaults involving members of the Armed Forces in order 

22 to determine the effectiveness of such policies and proce23 dures during such fiscal year in providing an appropriate 

24 response to such sexual assaults. 
225

•HR 4200 PCS 

1 (g) ANNUAL REPORTS.—(1) Not later than April 1, 

2 2005, and January 15 of each year thereafter, each Sec3 retary of a military department shall submit to the Sec4 retary of Defense a report on the sexual assaults involving 

5 members of the Armed Force concerned during the pre6 ceding year. 

7 (2) Each report on an Armed Force under paragraph 

8 (1) shall contain the following: 

9 (A) The number of sexual assaults against 

10 members of the Armed Force, and the number of 

11 sexual assaults by members of the Armed Force, 

12 that were reported to military officials during the 

13 year covered by such report, and the number of the 

14 cases so reported cases that were substantiated. 

15 (B) A synopsis of and the disciplinary action 

16 taken in each substantiated case. 

17 (C) The policies, procedures, and processes im18 plemented by the Secretary concerned during the 

19 year covered by such report in response to incidents 

20 of sexual assault involving members of the Armed 

21 Force concerned. 

22 (D) A plan for the actions that are to be taken 

23 in the year following the year covered by such report 

24 on the prevention of and response to sexual assault 

25 involving members of the Armed Forces concerned. 
226

•HR 4200 PCS 

1 (3) Each report under paragraph (1) in 2006, 2007, 

2 and 2008 shall also include the assessment conducted by 

3 the Secretary concerned under subsection (f). 

4 (4) The Secretary of Defense shall transmit to the 

5 Committees on Armed Services of the Senate and the 

6 House of Representatives each report submitted to the 

7 Secretary under this subsection, together with the com8 ments of the Secretary on each such report. The Secretary 

9 shall transmit the report on 2004 not later than May 1, 

10 2005, and shall transmit the report on any year after 

11 2004 not later than March 15 of the year following such 

12 year. 

13 (h) REQUIREMENT TO DEVELOP DEFINITION OF

14 SEXUAL ASSAULT.—Prior to developing policies and pro15 grams on the prevention of and response to sexual as16 saults, the Department of Defense, in consultation with 

17 the Service Secretaries, shall develop a definition of sexual 

18 assault that is uniform for all the Armed Forces, including 

19 but not limited to rape, acquaintance rape, sexual assault, 

20 and other criminal offenses. 

21 SEC. 599. AUTHORITY FOR REMOVAL OF REMAINS OF CER22 TAIN PERSONS INTERRED IN UNITED STATES 

23 MILITARY CEMETERIES OVERSEAS. 

24 (a) REMOVAL AND TRANSPORTATION OF REMAINS.—

25 Upon receipt from a qualifying survivor of an application 
227

•HR 4200 PCS 

1 with respect to a person interred in a United States over2 seas military cemetery, the Secretary of Defense may, 

3 upon approval of such application, provide for—

4 (1) the removal of the remains of that person 

5 from the cemetery in which interred; and 

6 (2) transportation of such remains to a location 

7 in the United States selected by such qualifying sur8 vivor. 

9 (b) REQUIREMENT FOR APPROVAL OF APPLICA10 TIONS.—(1) An application under this section may be ap11 proved only if the application presents sufficient evidence 

12 that, at the time of the initial disposition decision (as de13 fined in paragraph (2)), there was a misunderstanding or 

14 error related to that disposition decision that the Sec15 retary finds warrants approval of the application. 

16 (2) In paragraph (1), the term ‘‘initial disposition de17 cision’’, with respect to the remains of a person who died 

18 outside the United States and was interred in a United 

19 States overseas military cemetery, means a decision by a 

20 family member (or other designated person) as to the dis21 position (in accordance with laws and regulations in effect 

22 at the time) of the remains of the person with respect to 

23 whom the application is submitted, such decision being to 

24 have the remains interred in a United States overseas mili25 tary cemetery (rather than to have those remains trans-
228

•HR 4200 PCS 

1 ported to the United States for interment or other disposi2 tion in the United States). 

3 (c) ABMC ASSISTANCE.—The American Battle 

4 Monuments Commission shall provide the Secretary of De5 fense with such assistance as the Secretary may require 

6 in carrying out this section with respect to cemeteries 

7 under the jurisdiction of the Commission. 

8 (d) TIME FOR APPLICATION.—An application under 

9 subsection (a) must be submitted to the Secretary of De10 fense not later than the end of the two-year period begin11 ning on the date of the enactment of this Act. 

12 (e) NO EXPENDITURE OF FEDERAL FUNDS.—No 

13 costs associated with the removal and transportation of 

14 remains provided for under subsection (a) may be paid 

15 by the United States. 

16 (f) DEFINITIONS.—For purposes of this section: 

17 (1) UNITED STATES OVERSEAS MILITARY CEM18 ETERY.—The term ‘‘United States overseas military 

19 cemetery’’ means a cemetery located in a foreign 

20 country that is administered by the Secretary of a 

21 military department or the American Battle Monu22 ments Commission. 

23 (2) QUALIFYING SURVIVORS.—The term ‘‘quali24 fying survivor’’ means the following, in the order 

25 specified. 
229

•HR 4200 PCS 

1 (A) The surviving spouse. 

2 (B) All surviving children (including adop3 tive children), acting concurrently. 

4 (C) A birth parent or, if both survive, both 

5 birth parents, acting concurrently.

6 TITLE VI—COMPENSATION AND 

7 OTHER PERSONNEL BENEFITS

8 Subtitle A—Pay and Allowances 

9 SECTION 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 

10 2005. 

11 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

12 adjustment to become effective during fiscal year 2005 re13 quired by section 1009 of title 37, United States Code, 

14 in the rates of monthly basic pay authorized members of 

15 the uniformed services shall not be made. 

16 (b) INCREASE IN BASIC PAY.—Effective on January 

17 1, 2005, the rates of monthly basic pay for members of 

18 the uniformed services are increased by 3.5 percent. 

19 SEC. 602. AUTHORITY TO PROVIDE FAMILY SEPARATION 

20 BASIC ALLOWANCE FOR HOUSING. 

21 Section 403(d) of title 37, United States Code, is 

22 amended—

23 (1) in paragraph (1), by striking ‘‘is entitled 

24 to’’ and inserting ‘‘may be paid’’; and 
230

•HR 4200 PCS 

1 (2) in paragraph (4), by striking the first sen2 tence and inserting the following new sentence: ‘‘A 

3 family separation basic allowance for housing paid to 

4 a member under this subsection is in addition to any 

5 other allowance or per diem that the member re6 ceives under this title.’’

7 SEC. 603. GEOGRAPHIC BASIS FOR BASIC ALLOWANCE FOR 

8 HOUSING DURING SHORT CHANGES OF STA9 TION FOR PROFESSIONAL MILITARY EDU10 CATION OR TRAINING. 

11 Section 403(d)(3) of title 37, United States Code, is 

12 amended by adding at the end the following new subpara13 graph: 

14 ‘‘(C) If the member is reassigned for a perma15 nent change of station or permanent change of as16 signment from a duty station in the continental 

17 United States to another duty station in the conti18 nental United States for a period of not more than 

19 one year for the purpose of participating in profes20 sional military education or training classes, the Sec21 retary concerned may base the amount of the basic 

22 allowance for housing for the member on the duty 

23 station to which the member is reassigned or the 

24 area in which the dependents reside, whichever the 
231

•HR 4200 PCS 

1 Secretary concerned determines to be most equi2 table.’’. 

3 SEC. 604. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR 

4 UNUSUAL NONRECURRING EXPENSES IN5 CURRED BY MEMBERS SERVING OUTSIDE 

6 CONTINENTAL UNITED STATES. 

7 (a) ELIGIBILITY FOR REIMBURSEMENT.—Section 

8 405 of title 37, United States Code, is amended by adding 

9 at the end the following new subsection: 

10 ‘‘(d) LUMP-SUM REIMBURSEMENT FOR NON11 RECURRING EXPENSES.—In addition to providing a per 

12 diem under this section, the Secretary concerned may re13 imburse a member for actual expenses of a nonrecurring 

14 nature that the member incurs incident to serving on duty 

15 outside of the continental United States. The types of ex16 penses for which reimbursement may be provided under 

17 this paragraph shall be limited to those expenses directly 

18 related to the conditions or location of the duty outside 

19 of the continental United States and either of a nature 

20 or a magnitude not normally incurred by members as21 signed to duty inside the continental United States. In de22 termining the per diem to be paid under this section, the 

23 Secretary concerned shall not consider expenses for which 

24 reimbursement is provided under this paragraph.’’. 
232

•HR 4200 PCS 

1 (b) USE OF DEFINED TERM CONTINENTAL UNITED

2 STATES.—(1) Subsection (a) of such section is amended 

3 by striking ‘‘outside of the United States or in Hawaii or 

4 Alaska’’ and inserting ‘‘outside of the continental United 

5 States’’. 

6 (2) The heading of such section is amended to read 

7 as follows: 

8 ‘‘§ 405. Travel and transportation allowances: per 

9 diem while on duty outside the conti10 nental United States’’. 

11 (3) The table of sections at the beginning of chapter 

12 7 of such title is amended by striking the item relating 

13 to section 405 and inserting the following new item:

‘‘405. Travel and transportation allowances: per diem while on duty outside the 

continental United States.’’.

14 SEC. 605. INCOME REPLACEMENT PAYMENTS FOR RE15 SERVES EXPERIENCING EXTENDED AND FRE16 QUENT MOBILIZATION FOR ACTIVE DUTY 

17 SERVICE. 

18 (a) IN GENERAL.—(1) Chapter 19 of title 37, United 

19 States Code, is amended by adding at the end the fol20 lowing new section: 
233

•HR 4200 PCS 

1 ‘‘§ 910. Replacement of lost income: involuntarily mo2 bilized reserve component members sub3 ject to extended and frequent active duty 

4 service 

5 ‘‘(a) PAYMENT REQUIRED.—The Secretary con6 cerned shall pay to an eligible member of a reserve compo7 nent of the armed forces an amount equal to the monthly 

8 active-duty income differential of the member, as deter9 mined by the Secretary. The payments shall be made on 

10 a monthly basis. 

11 ‘‘(b) ELIGIBILITY.—Subject to subsection (c), a re12 serve component member is entitled to a payment under 

13 this section for any full month of active duty of the mem14 ber, while on active duty under an involuntary mobiliza15 tion order, following the date on which the member—

16 ‘‘(1) completes 12 continuous months of service 

17 on active duty under such an order; 

18 ‘‘(2) completes 18 months on active duty during 

19 the previous 60 months under such an order; or 

20 ‘‘(3) is involuntarily mobilized for service on ac21 tive duty six months or less following the member’s 

22 separation from the member’s previous period of ac23 tive duty. 

24 ‘‘(c) MINIMUM AND MAXIMUM PAYMENT

25 AMOUNTS.—(1) A payment under this section shall be 

26 made to a member for a month only if the amount of the 
234

•HR 4200 PCS 

1 monthly active-duty income differential for the month is 

2 greater than $50. 

3 ‘‘(2) Notwithstanding the amount determined under 

4 subsection (d) for a member for a month, the monthly pay5 ment to a member under this section may not exceed 

6 $3,000. 

7 ‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIFFEREN8 TIAL.—For purposes of this section, the monthly active9 duty income differential of a member is the difference be10 tween—

11 ‘‘(1) the average monthly civilian income of the 

12 member; and 

13 ‘‘(2) the member’s total monthly military com14 pensation. 

15 ‘‘(e) DEFINITIONS.—In this section: 

16 ‘‘(1) The term ‘average monthly civilian in17 come’, with respect to a member of a reserve compo18 nent, means the amount, determined by the Sec19 retary concerned, of the earned income of the mem20 ber for either the 12 months preceding the member’s 

21 mobilization or the 12 months covered by the mem22 ber’s most recent Federal income tax filing, divided 

23 by 12. 
235

•HR 4200 PCS 

1 ‘‘(2) The term ‘total monthly military com2 pensation’ means the amount, computed on a 

3 monthly basis, of the sum of—

4 ‘‘(A) the amount of the regular military 

5 compensation (RMC) of the member; and 

6 ‘‘(B) any amount of special pay or incen7 tive pay and any allowance (other than an al8 lowance included in regular military compensa9 tion) that is paid to the member on a monthly 

10 basis.’’. 

11 (2) The table of sections at the beginning of such 

12 chapter is amended by adding at the end the following 

13 new item:

‘‘910. Replacement of lost income: involuntarily mobilized reserve component 

members subject to extended and frequent active duty service.’’.

14 (b) EFFECTIVE DATE.—Section 910 of title 37, 

15 United States Code, as added by subsection (a), shall 

16 apply for months after December 2004.

17 SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED 

18 IN COMBAT ZONES TO RECEIVE LIMITED AD19 VANCES ON THEIR FUTURE BASIC PAY. 

20 (a) ADVANCEMENT OF BASIC PAY.—(1) Chapter 3 

21 of title 37, United States Code, is amended by adding at 

22 the end the following new section: 
236

•HR 4200 PCS 

1 ‘‘§ 212. Advancement of basic pay: members deployed 

2 in combat zones for more than one year 

3 ‘‘(a) ELIGIBILITY; AMOUNT ADVANCED.—(1) If a 

4 member of the armed forces is assigned to duty in an area 

5 for which special pay under section 310 of this title is 

6 available and the assignment is pursuant to orders speci7 fying an assignment of one year or more (or the assign8 ment is otherwise extended beyond one year), the member 

9 may request, during the period of the assignment, the ad10 vanced payment of not more than three months of the 

11 basic pay of the member. 

12 ‘‘(2) A request by a member described in paragraph 

13 (1) for the advanced payment of a single month of basic 

14 pay shall be granted. The Secretary concerned may grant 

15 a request for a second or third month of advanced basic 

16 pay during the assignment for the member upon a showing 

17 of financial hardship. 

18 ‘‘(b) RECOUPMENT OF ADVANCED PAY.—The Sec19 retary concerned shall recoup an advance made on the 

20 basic pay of a member under this section in equal install21 ments over a one-year period beginning as provided in sub22 section (c). If the member is serving on active duty for 

23 any month during the recoupment period, the amount of 

24 the installment for the month shall be deducted from the 

25 basic pay of the member for that month. The estate of 
237

•HR 4200 PCS 

1 a deceased member shall not be required to repay an ad2 vance made to the member under this section. 

3 ‘‘(c) COMMENCEMENT OF RECOUPMENT.—(1) Ex4 cept as provided in paragraph (2), the recoupment of basic 

5 pay advanced to a member under this section shall com6 mence beginning with the first month that begins after 

7 the end of the assignment of the member to duty in an 

8 area for which special pay under section 310 of this title 

9 is available 

10 ‘‘(2) A member of a reserve component who receives 

11 an advancement of basic pay under this section shall com12 mence repayment of the advance beginning with the first 

13 month that begins after the the advanced pay is re14 ceived.’’. 

15 (2) The table of sections at the beginning of such 

16 chapter is amended by adding at the end the following 

17 new item:

‘‘212. Advancement of basic pay: members deployed in combat zones for more 

than one year.’’.

18 (b) EFFECTIVE DATE.—Section 212 of title 37, 

19 United States Code, as added by subsection (a), shall take 

20 effect October 1, 2004. 
238

•HR 4200 PCS 

1 Subtitle B—Bonuses and Special 

2 and Incentive Pays 

3 SEC. 611. ONE-YEAR EXTENSION OF BONUS AND SPECIAL 

4 PAY AUTHORITIES. 

5 (a) NURSE OFFICER CANDIDATE ACCESSION PRO6 GRAM.—Section 2130a(a)(1) of title 10, United States 

7 Code, is amended by striking ‘‘December 31, 2004’’ and 

8 inserting ‘‘December 31, 2005’’. 

9 (b) REPAYMENT OF EDUCATION LOANS FOR CER10 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE11 LECTED RESERVE.—Section 16302(d) of such title is 

12 amended by striking ‘‘January 1, 2005’’ and inserting 

13 ‘‘January 1, 2006’’. 

14 (c) AVIATION OFFICER RETENTION BONUS.—Sec15 tion 301b(a) of title 37, United States Code, is amended 

16 by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem17 ber 31, 2005’’. 

18 (d) ACCESSION BONUS FOR REGISTERED NURSES.—

19 Section 302d(a)(1) of such title is amended by striking 

20 ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

21 2005’’. 

22 (e) INCENTIVE SPECIAL PAY FOR NURSE ANES23 THETISTS.—Section 302e(a)(1) of such title is amended 

24 by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem25 ber 31, 2005’’. 
239

•HR 4200 PCS 

1 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—

2 Section 302h(a)(1) of such title is amended by striking 

3 ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

4 2005’’. 

5 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.—

6 Section 302j(a) of such title is amended by striking ‘‘the 

7 date of the enactment of the Floyd D. Spence National 

8 Defense Authorization Act for Fiscal Year 2001 and end9 ing on September 30, 2004’’ and inserting ‘‘October 30, 

10 2000, and ending on December 31, 2005’’. 

11 (h) REENLISTMENT BONUS FOR ACTIVE AND RE12 SERVE MEMBERS.—Section 308(g) of such title is amend13 ed by striking ‘‘December 31, 2004’’ and inserting ‘‘De14 cember 31, 2005’’. 

15 (i) ENLISTMENT BONUS FOR ACTIVE AND RESERVE

16 MEMBERS.—Section 309(e) of such title is amended by 

17 striking ‘‘December 31, 2004’’ and inserting ‘‘December 

18 31, 2005’’. 

19 (j) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI20 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

21 312(e) of such title is amended by striking ‘‘December 31, 

22 2004’’ and inserting ‘‘December 31, 2005’’. 

23 (k) NUCLEAR CAREER ACCESSION BONUS.—Section 

24 312b(c) of such title is amended by striking ‘‘December 

25 31, 2004’’ and inserting ‘‘December 31, 2005’’. 
240

•HR 4200 PCS 

1 (l) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

2 Section 312c(d) of such title is amended by striking ‘‘De3 cember 31, 2004’’ and inserting ‘‘December 31, 2005’’. 

4 (m) RETENTION BONUS FOR MEMBERS WHO HAVE

5 CRITICAL MILITARY SKILLS OR MEET OTHER CRI6 TERIA.—Section 323(i) of such title is amended by strik7 ing ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

8 2005’’. 

9 (n) ACCESSION OR AFFILIATION BONUS FOR NEW

10 OFFICERS IN CRITICAL SKILLS.—Section 324(g) of such 

11 title is amended by striking ‘‘December 31, 2004’’ and in12 serting ‘‘December 31, 2005’’. 

13 SEC. 612. REDUCTION IN REQUIRED SERVICE COMMIT14 MENT TO RECEIVE ACCESSION BONUS FOR 

15 REGISTERED NURSES. 

16 (a) REDUCTION.—Section 302d(a)(1) of title 37, 

17 United States Code, is amended by striking ‘‘four years’’ 

18 and inserting ‘‘three years’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall take effect October 1, 2004, and apply 

21 with respect to written agreements referred to in section 

22 302d(a)(1) of title 37, United States Code, entered into 

23 on or after that date. 
241

•HR 4200 PCS 

1 SEC. 613. INCREASE IN MAXIMUM MONTHLY RATE AUTHOR2 IZED FOR HARDSHIP DUTY PAY. 

3 (a) INCREASE.—Section 305(a) of title 37, United 

4 States Code, is amended by striking ‘‘$300’’ and inserting 

5 ‘‘$750’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) shall take effect October 1, 2004. 

8 SEC. 614. TERMINATION OF ASSIGNMENT INCENTIVE PAY 

9 FOR MEMBERS PLACED ON TERMINAL 

10 LEAVE. 

11 (a) TERMINATION.—Subsection (e) of section 307a of 

12 title 37, United States Code, is amended to read as fol13 lows: 

14 ‘‘(e) STATUS NOT AFFECTED BY TEMPORARY DUTY

15 OR LEAVE.—The service of a member in an assignment 

16 referred to in subsection (a) shall not be considered dis17 continued during any period that the member is not per18 forming service in the assignment by reason of —

19 ‘‘(1) the performance by the member of tem20 porary duty pursuant to orders; or 

21 ‘‘(2) the absence of the member for authorized 

22 leave, unless the member is placed on terminal leave 

23 and will not be returning to the assignment.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 subsection (a) shall apply with respect to agreements 

26 under section 307a(b) of title 37, United States Code, en-
242

•HR 4200 PCS 

1 tered into on or after the date of the enactment of this 

2 Act. 

3 SEC. 615. CONSOLIDATION OF REENLISTMENT AND ENLIST4 MENT BONUS AUTHORITIES FOR REGULAR 

5 AND RESERVE COMPONENTS. 

6 (a) CONSOLIDATED REENLISTMENT BONUS AU7 THORITY; ELIGIBILITY CRITERIA.—(1) Paragraph (1) of 

8 subsection (a) of section 308 of title 37, United States 

9 Code, is amended—

10 (A) by striking the matter preceding subpara11 graph (A) and inserting ‘‘The Secretary concerned 

12 may pay a bonus under paragraph (2) to a member 

13 of the armed forces serving in a regular component 

14 or reserve component of the armed force if the mem15 ber—’’; 

16 (B) by striking subparagraph (A) and inserting 

17 the following new subparagraph: 

18 ‘‘(A) has completed at least 17 months of serv19 ice in a regular or reserve component of the armed 

20 forces, but not more than 18 years of total military 

21 service;’’; and 

22 (C) by striking subparagraph (D) and all that 

23 follows through the period at the end of such para24 graph and inserting the following: 
243

•HR 4200 PCS 

1 ‘‘(D) reenlists or voluntarily extends the mem2 ber’s enlistment for a period of at least three years 

3 in a regular component or reserve component of the 

4 armed forces.’’. 

5 (2) Paragraph (3) of such subsection is amended by 

6 striking ‘‘16 years’’ and inserting ‘‘20 years’’. 

7 (3) Paragraph (5) of such subsection is amended to 

8 read as follows: 

9 ‘‘(5) The Secretary of Defense, and the Secretary of 

10 Homeland Security with respect to the Coast Guard when 

11 it is not operating as a service in the Navy, may waive 

12 all or part of the eligibility requirements specified in para13 graph (1) in time of war or national emergency.’’. 

14 (4) Subsection (b) of such section is amended—

15 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

16 (B) by adding at the end the following new 

17 paragraph: 

18 ‘‘(2) Notwithstanding the schedule established for 

19 making partial bonus payments under paragraph (1), a 

20 member of a reserve component entitled to a bonus under 

21 this section who is called or ordered to active duty shall 

22 be paid, during that period of active duty, any amount 

23 of the bonus that becomes payable to the member during 

24 that period of active duty.’’. 
244

•HR 4200 PCS 

1 (5) Subsection (g) of such section is amended by 

2 striking ‘‘an active-duty reenlistment’’ and inserting ‘‘a re3 enlistment’’. 

4 (b) CONSOLIDATED ENLISTMENT BONUS AUTHOR5 ITY.—Section 309(a) of such title is amended—

6 (1) by striking the first sentence and inserting 

7 the following: ‘‘(1) The Secretary concerned may pay 

8 a bonus this section to a person who enlists in a reg9 ular component or reserve component of the armed 

10 forces for a period of at least two years.’’; and 

11 (2) by inserting after the first sentence, as so 

12 amended, the following new paragraph: 

13 ‘‘(2) The amount of a bonus under this section may 

14 not exceed $20,000.’’. 

15 (c) REPEAL OF SEPARATE REENLISTMENT AND EN16 LISTMENT BONUS AUTHORITY FOR RESERVE COMPO17 NENTS.—(1) Sections 308b, 308c, 308g, 308h, and 308i 

18 of such title are repealed. 

19 (2) The table of sections at the beginning of chapter 

20 5 of such title is amended by striking the items relating 

21 to sections 308b, 308c, 308h, and 308i. 

22 (d) EFFECTIVE DATE.——(1) Except as provided by 

23 paragraphs (2) and (3), the amendments made by this sec24 tion shall take effect October 1, 2004, and the amend25 ments made by subsections (a) and (b) shall apply to re-
245

•HR 4200 PCS 

1 enlistments, the voluntary extension of enlistments, and 

2 enlistments referred to in section 308(a)(1) or 309(a) of 

3 title 37, United States Code, entered into on or after that 

4 date. 

5 (2) The amendments made by subsection (c) shall 

6 take effect December 31, 2004, except that the repeal of 

7 section 308g of title 37, United States Code, shall take 

8 effect on the date of the enactment of this Act. 

9 (3) In the case of a member of the Armed Forces 

10 who, on or before December 31, 2004, reenlisted, volun11 tarily extended the enlistment of the member, or enlisted 

12 in a reserve component of the Armed Forces, section 308b, 

13 308c, 308h, or 308i of title 37, United States Code, which14 ever applies to the member, and as in effect on December 

15 31, 2004, shall continue to apply with respect to the pay16 ment of a bonus under such section to the member. 

17 (e) LIMITATION ON FISCAL YEAR 2005 OBLIGA18 TIONS.—During fiscal year 2005, obligations incurred 

19 under sections 308 and 309 of title 37, United States 

20 Code, to provide reenlistment and enlistment bonuses to 

21 members of the uniformed services using the expanded au22 thority provided by the amendments made by subsections 

23 (a) and (b) may not exceed $20,000,000. The bonus au24 thority available under such sections shall not be consid25 ered to be an expanded authority to the extent that the 
246

•HR 4200 PCS 

1 authority was available under a provision of law specified 

2 in subsection (c), before the repeal of the provision by such 

3 subsection. 

4 SEC. 616. REVISION OF AUTHORITY TO PROVIDE FOREIGN 

5 LANGUAGE PROFICIENCY PAY. 

6 (a) IN GENERAL.—(1) Section 316 of title 37, United 

7 States Code, is amended to read as follows: 

8 ‘‘§ 316. Special pay: bonus for members with foreign 

9 language proficiency 

10 ‘‘(a) BONUS AUTHORIZED.—The Secretary con11 cerned may pay an annual bonus under this section to a 

12 member of the uniformed services who—

13 ‘‘(1) is qualified in a uniformed services spe14 cialty requiring proficiency in a foreign language 

15 identified by the Secretary concerned as a foreign 

16 language in which it is necessary to have personnel 

17 proficient because of national defense or public 

18 health considerations; 

19 ‘‘(2) received training, under regulations pre20 scribed by the Secretary concerned, designed to de21 velop a proficiency in such a foreign language; 

22 ‘‘(3) is assigned to duties requiring a pro23 ficiency in such a foreign language; or 
247

•HR 4200 PCS 

1 ‘‘(4) is proficient in a foreign language for 

2 which the uniformed service may have a critical 

3 need, as determined by the Secretary concerned. 

4 ‘‘(b) CERTIFICATION OF PROFICIENCY.—Except as 

5 provided in subsection (e), for a member described in sub6 section (a) to be eligible to receive or retain a bonus under 

7 this section, the Secretary concerned shall certify the 

8 member as being proficient in the foreign language for 

9 which bonus is offered. 

10 ‘‘(c) DURATION OF CERTIFICATION.—Except as pro11 vided in subsection (e), the certification of a member as 

12 being proficient in a foreign language for purposes of re13 ceipt of a bonus under this section shall expire at the end 

14 of the 12-month period beginning on the first day of the 

15 first month beginning on or after the certification date. 

16 ‘‘(d) BONUS AMOUNT; PAYMENT METHOD.—The 

17 maximum amount of the bonus paid under this section 

18 to a member may not exceed $12,000 for the 12-month 

19 period covered by the certification of the member. The 

20 Secretary concerned may pay the bonus in a single lump 

21 sum at the beginning of the certification period or in in22 stallments. 

23 ‘‘(e) CERTIFICATION INTERRUPTED BY CONTIN24 GENCY OPERATION.—(1) The Secretary concerned may 

25 waive the certification requirement under subsection (b) 
248

•HR 4200 PCS 

1 and pay a bonus under this section to a member described 

2 in subsection (a) who was previously certified in a foreign 

3 language, but whose certification expired under subsection 

4 (c), if—

5 ‘‘(A) the member is assigned to duty in connec6 tion with a contingency operation; and 

7 ‘‘(B) the Secretary concerned determines that 

8 the member is unable to schedule or complete the 

9 certification required by subsection (b) because of 

10 that assignment. 

11 ‘‘(2) For purposes of determining the amount of a 

12 bonus to be paid to a member under the authority of this 

13 subsection, the Secretary concerned shall treat the date 

14 on which the member was assigned to duty in connection 

15 with the contingency operation as equivalent to a certifi16 cation date. In the case of a member whose certification 

17 expires during such duty assignment, the Secretary shall 

18 commence the next 12-month period effective as of the 

19 date on which the prior certification period expired. 

20 ‘‘(3) A member who receives a bonus under the au21 thority of this subsection shall complete the certification 

22 required by subsection (b) for the foreign language for 

23 which the bonus was paid not later than the end of the 

24 180-day period beginning on the date on which the mem25 ber is released from the assignment in connection with the 
249

•HR 4200 PCS 

1 contingency operation. The Secretary concerned may ex2 tend that period for a member in accordance with regula3 tions prescribed under subsection (h). If the member fails 

4 to obtain the required certification before the end of the 

5 authorized period, the Secretary concerned may require 

6 the member to repay all or a portion of the bonus, in the 

7 manner provided in subsection (g). 

8 ‘‘(f) RELATIONSHIP TO OTHER PAY OR ALLOW9 ANCE.—A bonus under this section is in addition to any 

10 other pay or allowance payable to a member under any 

11 other provision of law. 

12 ‘‘(g) REPAYMENT OF BONUS.—(1) The Secretary 

13 concerned may require a member who receives a bonus 

14 under this section, but who does not satisfy an eligibility 

15 requirement specified in subsection (a) for the entire cer16 tification period, to repay to the United States an amount 

17 which bears the same ratio to the total amount of the 

18 bonus paid to the member as the unsatisfied portion of 

19 the certification period bears to the entire certification pe20 riod. 

21 ‘‘(2) An obligation to repay the United States im22 posed under paragraph (1) is for all purposes a debt owed 

23 to the United States. A discharge in bankruptcy under 

24 title 11 that is entered for the member less than five years 

25 after the expiration of the certification period does not dis-
250

•HR 4200 PCS 

1 charge the member from a debt arising under this para2 graph. This paragraph applies to any case commenced 

3 under title 11 after the date of the enactment of this sec4 tion. 

5 ‘‘(h) REGULATIONS.—This section shall be adminis6 tered under regulations prescribed by the Secretary of De7 fense for the armed forces under the jurisdiction of the 

8 Secretary, by the Secretary of Homeland Security for the 

9 Coast Guard when the Coast Guard is not operating as 

10 a service in the Navy, by the Secretary of Health and 

11 Human Services for the Commissioned Corps of the Public 

12 Health Service, and by the Secretary of Commerce for the 

13 National Oceanic and Atmospheric Administration.’’. 

14 (2) The table of sections at the beginning of chapter 

15 5 of such title is amended by striking the item relating 

16 to section 316 and inserting the following new item:

‘‘316. Special pay: bonus for members with foreign language proficiency.’’.

17 (b) CONFORMING AMENDMENTS.—(1) Section 316a 

18 of title 37, United States Code, is repealed. 

19 (2) The table of sections at the beginning of chapter 

20 5 of such title is amended by striking the item relating 

21 to section 316a. 
251

•HR 4200 PCS 

1 SEC. 617. ELIGIBILITY OF RESERVE COMPONENT MEMBERS 

2 FOR CRITICAL SKILLS RETENTION BONUS 

3 AND EXPANSION OF AUTHORITY TO PROVIDE 

4 BONUS. 

5 (a) INCLUSION OF RESERVE COMPONENT MEM6 BERS.—Section 323 of title 37, United States Code, is 

7 amended—

8 (1) in subsection (a)—

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘who is serving on active duty and’’ 

11 by inserting ‘‘who is serving on active duty in 

12 a regular component or in an active status in 

13 a reserve component and who’’; and 

14 (B) in paragraph (1), by inserting ‘‘, or re15 main in an active status in a reserve compo16 nent,’’ after ‘‘remain on active duty’’; 

17 (2) in subsection (e)(2), by inserting ‘‘or service 

18 in a reserve component’’ after ‘‘period of active 

19 duty’’; and 

20 (3) in subsection (g), by striking ‘‘active duty’’ 

21 and inserting ‘‘service’’. 

22 (b) INCLUSION OF MEMBERS SERVING PURSUANT TO

23 INDEFINITE REENLISTMENT.—Subsection (a) of such sec24 tion is further amended— 

25 (1) by striking ‘‘or’’ at the end of paragraph 

26 (1); 
252

•HR 4200 PCS 

1 (2) in paragraph (2)—

2 (A) by inserting ‘‘other than an enlisted 

3 member referred to in paragraph (3),’’ after 

4 ‘‘enlisted member,’’; and 

5 (B) by striking the period at the end and 

6 inserting ‘‘; or’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(3) in the case of an enlisted member serving 

10 pursuant to an indefinite reenlistment, the member 

11 executes a written agreement to remain on active 

12 duty, or remain in an active status in a reserve com13 ponent, for a period of at least one year.’’. 

14 (c) ADDITIONAL CRITERIA FOR BONUS.—Such sec15 tion is further amended—

16 (1) in subsection (a), by striking ‘‘designated 

17 critical military skill’’ and inserting ‘‘critical military 

18 skill designated under subsection (b) or satisfies 

19 such other criteria for the bonus established under 

20 such subsection’’; 

21 (2) in subsection (b)—

22 (A) by striking ‘‘DESIGNATION OF CRIT23 ICAL SKILLS.—’’ and inserting ‘‘BASIS FOR

24 BONUS.—(1)’’; and 
253

•HR 4200 PCS 

1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) The Secretary of Defense, and the Secretary of 

4 Homeland Security with respect to the Coast Guard when 

5 it is not operating as a service in the Navy, may establish 

6 such other criteria as the Secretary considers appropriate 

7 under which a retention bonus will be provided to an offi8 cer or enlisted member of the armed forces under sub9 section (a).’’; and 

10 (3) in subsection (h)(1), by striking ‘‘qualified 

11 in the critical military skills for which the bonuses 

12 were offered’’ and inserting ‘‘who were offered the 

13 bonuses’’. 

14 (d) REPEAL OF SEPARATE SPECIAL AND INCENTIVE

15 PAY AUTHORITIES FOR RESERVE COMPONENTS.—(1) 

16 Sections 302g, 308d, and 308e of such title are repealed. 

17 (2) In the case of a member of the Armed Forces 

18 who, on or before December 31, 2004, entered into a writ19 ten agreement under section 302g or 308e of title 37, 

20 United States Code, such section 302g or 308e, whichever 

21 applies to the member, and as in effect on December 31, 

22 2004, shall continue to apply after that date with respect 

23 to the payment of special pay under such section to the 

24 member during the term of the agreement. 
254

•HR 4200 PCS 

1 (e) CLERICAL AMENDMENTS.—(1) The heading of 

2 section 323 of such title is amended to read as follows: 

3 ‘‘§ 323 Special pay: retention incentives for members 

4 qualified in a critical military skill or 

5 who satisfy other eligibility criteria’’. 

6 (2) The table of sections at the beginning of chapter 

7 5 of such title is amended—

8 (A) by striking the items relating to sections 

9 302g, 308d, and 308e; and 

10 (B) by striking the item relating to section 323 

11 and inserting the following new item:

‘‘323. Special pay: retention incentives for members qualified in a critical military skill or who satisfy other eligibility criteria.’’.

12 (f) EFFECTIVE DATE.—(1) Except as provided by 

13 paragraph (2), the amendments made by this section shall 

14 take effect October 1, 2004, and the amendments made 

15 by subsections (a), (b), and (c) shall apply to agreements, 

16 reenlistments, and the voluntary extension of enlistments 

17 referred to in section 323(a) of title 37, United States 

18 Code, entered into on or after that date. 

19 (2) The amendments made by subsections (d)(1) and 

20 (e)(2)(A) shall take effect December 31, 2004. 

21 (g) LIMITATION ON FISCAL YEAR 2005 OBLIGA22 TIONS.—During fiscal year 2005, obligations incurred 

23 under section 323 of title 37, United States Code, to pro24 vide retention bonuses to members of the uniformed serv-
255

•HR 4200 PCS 

1 ices using the expanded authority provided by the amend2 ments made by subsections (a), (b), and (c) may not ex3 ceed $10,000,000. The bonus authority available under 

4 such section shall not be considered to be an expanded 

5 authority to the extent that the authority was available 

6 under a provision of law specified in subsection (d), before 

7 the repeal of the provision by such subsection. 

8 SEC. 618. ELIGIBILITY OF NEW RESERVE COMPONENT OF9 FICERS FOR ACCESSION OR AFFILIATION 

10 BONUS FOR OFFICERS IN CRITICAL SKILLS. 

11 (a) ELIGIBILITY.—Subsection (a) of section 324 of 

12 title 37, United States Code, is amended to read as fol13 lows: 

14 ‘‘(a) BONUS AUTHORIZED.—(1) The Secretary con15 cerned may pay a bonus under this section—

16 ‘‘(A) to a person who executes a written agree17 ment to accept a commission or an appointment as 

18 an officer of armed forces and serve on active duty 

19 in a designated critical officer skill or serve in a re20 serve component of an armed force in a designated 

21 critical officer skill; or 

22 ‘‘(B) to an officer of an armed force, including 

23 a warrant officer, but excluding an officer who has 

24 previously served in the Selected Reserve or an offi25 cer who is entitled to retired pay, who executes a 
256

•HR 4200 PCS 

1 written agreement to serve in a reserve component 

2 of an armed force in a designated critical officer 

3 skill after being discharged or released from active 

4 duty under honorable conditions, once the officer af5 filiates with a unit or position in the reserve compo6 nent. 

7 ‘‘(2) The written agreement under paragraph (1) be8 tween the Secretary concerned and a person or officer 

9 shall specify the period during which the person or officer 

10 will be required to serve in a designated critical officer 

11 skill to maintain entitlement to the bonus payment.’’. 

12 (b) AMOUNT OF BONUS.—Subsection (c) of such sec13 tion is amended to read as follows: 

14 ‘‘(c) AMOUNT OF BONUS.—The Secretary concerned 

15 shall determine the amount of a bonus to be paid under 

16 subsection (a), except that a person may not receive a total 

17 of more than $60,000 in payments under this section’’. 

18 (c) CONFORMING AMENDMENTS.—Such section is 

19 further amended—

20 (1) in subsection (d), by striking ‘‘accession’’ 

21 both places it appears; 

22 (2) in subsection (e)—

23 (A) in the subsection heading, by striking 

24 ‘‘ACCESSION’’; and 
257

•HR 4200 PCS 

1 (B) by striking ‘‘an accession bonus’’ and 

2 inserting ‘‘a bonus’’; and 

3 (3) in subsection (f), by striking ‘‘active duty’’ 

4 and ‘‘accession’’ each place it appears. 

5 (d) CLERICAL AMENDMENTS.—(1) The heading of 

6 section 324 of such title is amended to read as follows: 

7 ‘‘§ 324. Special pay: accession or affiliation bonus for 

8 officers in designated critical skills’’. 

9 (2) The table of sections at the beginning of chapter 

10 5 of such title is amended by striking the item relating 

11 to section 324 and inserting the following new item:

‘‘324. Special pay: accession or affiliation bonus for officers in designated critical skills.’’.

12 (e) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect October 1, 2004, and apply 

14 to agreements referred to in section 324(a) of title 37, 

15 United States Code entered into on or after that date. 

16 (f) LIMITATION ON FISCAL YEAR 2005 OBLIGA17 TIONS.—During fiscal year 2005, obligations incurred 

18 under section 324 of title 37, United States Code, as 

19 amended by subsections (a) and (b), to provide accession 

20 and affilliation bonuses to members of the Armed Forces 

21 not previously eligible for such a bonus under such section 

22 may not exceed $5,000,000. 
258

•HR 4200 PCS 

1 SEC. 619. ELIGIBILITY OF RESERVE COMPONENT MEMBERS 

2 FOR INCENTIVE BONUS FOR CONVERSION TO 

3 MILITARY OCCUPATIONAL SPECIALTY TO 

4 EASE PERSONNEL SHORTAGE. 

5 (a) ELIGIBILITY.—Section 326 of title 37, United 

6 States Code, is amended—

7 (1) in subsection (a), by inserting ‘‘of a regular 

8 or reserve component’’ after ‘‘an eligible member’’; 

9 (2) in subsection (b)—

10 (A) by striking ‘‘if—’’ and all that follows 

11 through ‘‘at the time’’ and inserting ‘‘if, at the 

12 time’’; and 

13 (B) by redesignating subparagraphs (A) 

14 and (B) as paragraphs (1) and (2), respectively; 

15 and 

16 (3) in subsection (c)(2), by inserting ‘‘regular 

17 or reserve component of the’’ after ‘‘chief personnel 

18 officer of the’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect October 1, 2004, and apply 

21 to agreements referred to in section 326(a) of title 37, 

22 United States Code, entered into on or after that date. 

23 (c) LIMITATION ON FISCAL YEAR 2005 OBLIGA24 TIONS.—During fiscal year 2005, obligations incurred 

25 under section 326 of title 37, United States Code, as 

26 amended by subsection (a), to provide incentive bonuses 
259

•HR 4200 PCS 

1 to members of a reserve component of the Armed Forces 

2 may not exceed $3,000,000. 

3 SEC. 620. AVAILABILITY OF HAZARDOUS DUTY INCENTIVE 

4 PAY FOR MILITARY FIREFIGHTERS. 

5 (a) ADDITIONAL TYPE OF DUTY ENTITLED TO

6 PAY.—Subsection (a) of section 301 of title 37, United 

7 States Code, is amended—

8 (1) by striking ‘‘or’’ at the end of paragraph 

9 (12); 

10 (2) by redesignating paragraph (13) as para11 graph (14); and 

12 (3) by inserting after paragraph (12) the fol13 lowing new paragraph: 

14 ‘‘(13) involving regular participating as a fire15 fighting crew member, as determined by the Sec16 retary concerned; or’’.’’. 

17 (b) MONTHLY AMOUNT OF PAY.—Subsection (c) of 

18 such section is amended—

19 (1) in paragraph (1), by striking ‘‘(12)’’ and in20 serting ‘‘(13)’’; and 

21 (2) in paragraph (2)(A), by striking ‘‘(13)’’ and 

22 inserting ‘‘(14)’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) and (b) shall take effect October 1, 2004. 
260

•HR 4200 PCS 

1 Subtitle C—Travel and 

2 Transportation Allowances 

3 SEC. 631. EXPANSION OF TRAVEL AND TRANSPORTATION 

4 ALLOWANCES TO ASSIST SURVIVORS OF A 

5 DECEASED MEMBER TO ATTEND BURIAL 

6 CEREMONY OF THE MEMBER. 

7 (a) AUTHORIZED TRAVEL LOCATIONS.—Subsection 

8 (b) of section 411f of title 37, United States Code, is 

9 amended to read as follows: 

10 ‘‘(b) AUTHORIZED LOCATIONS FOR TRAVEL; DURA11 TION AND RATES.—(1) The allowances under subsection 

12 (a) may be provided for travel and transportation by eligi13 ble relatives of the deceased member to the place selected 

14 pursuant to section 1482(a)(8) of title 10 for disposition 

15 of the remains of the deceased member. 

16 ‘‘(2) The allowances may not exceed the rates for two 

17 days and the time necessary for the travel.’’. 

18 (b) ELIGIBLE RELATIVES.—Subsection (c)(1)(C) of 

19 such section is amended by striking ‘‘If no person de20 scribed in subparagraph (A) or (B) is provided travel and 

21 transportation allowances under subsection (a)(1), the’’ 

22 and inserting ‘‘The’’. 

23 (c) LIMITATION ON FISCAL YEAR 2005 OBLIGA24 TIONS.—During fiscal year 2005, obligations incurred 

25 under section 411f of title 37, United States Code, as 
261

•HR 4200 PCS 

1 amended by subsections (a) and (b), to provide travel and 

2 transportation allowances, not previously available under 

3 such section, to survivors of deceased members of the uni4 formed services, and to provide such allowances to persons 

5 not previously eligible for such allowances, may not exceed 

6 $2,000,000. 

7 SEC. 632. TRANSPORTATION OF FAMILY MEMBERS INCI8 DENT TO THE SERIOUS ILLNESS OR INJURY 

9 OF MEMBERS OF THE UNIFORMED SERVICES. 

10 (a) REMOVAL OF LIMITATION ON NUMBER OF FAM11 ILY MEMBERS.—Subsection (a)(1) of section 411h of title 

12 37, United States Code, is amended by striking ‘‘not more 

13 than two family members’’ and inserting ‘‘a family mem14 ber’’. 

15 (b) FAMILY MEMBERS DESCRIBED.—Subsection 

16 (b)(1) of such section is amended—

17 (1) by striking ‘‘and’’ at the end of subpara18 graph (C); 

19 (2) by striking the period at the end of sub20 paragraph (D) and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following new sub22 paragraph: 

23 ‘‘(E) other persons approved by the Secretary 

24 concerned.’’. 
262

•HR 4200 PCS 

1 (c) AVAILABILITY OF PER DIEM.—Such section is 

2 further amended—

3 (1) in subsection (a)(1), by inserting ‘‘travel 

4 and’’ before ‘‘transportation’’; and 

5 (2) in subsection (c)—

6 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’ ; and 

7 (B) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) In addition to the transportation authorized by 

10 subsection (a), the Secretary concerned may provide a per 

11 diem allowance or reimbursement for the actual and nec12 essary expenses of the travel, or a combination thereof, 

13 but not to exceed the rates established under section 

14 404(d) of this title.’’. 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect on October 1, 2004, and apply 

17 to transportation described in section 411h of title 37, 

18 United States Code, provided on or after that date. 

19 (e) LIMITATION ON FISCAL YEAR 2005 OBLIGA20 TIONS.—During fiscal year 2005, obligations incurred 

21 under section 411h of title 37, United States Code, as 

22 amended by subsections (a) and (b), to provide travel and 

23 transportation allowances, not previously available under 

24 such section, to family members of seriously ill or injured 

25 members of the uniformed services, and to provide such 
263

•HR 4200 PCS 

1 allowances to persons not previously eligible for such al2 lowances, may not exceed $3,000,000. 

3 SEC. 633. REIMBURSEMENT OF MEMBERS FOR CERTAIN 

4 LODGING COSTS INCURRED IN CONNECTION 

5 WITH STUDENT DEPENDENT TRAVEL. 

6 Section 430(b) of title 37, United States Code, is 

7 amended—

8 (1) by redesignating paragraphs (2) and (3) as 

9 paragraphs (3) and (4), respectively; and 

10 (2) by inserting after paragraph (1) the fol11 lowing new paragraph (2): 

12 ‘‘(2) The transportation allowance paid to a member 

13 under paragraph (1) may include reimbursement, at a rate 

14 prescribed by the Secretaries concerned, for lodging costs 

15 incurred during the annual trip for which the allowance 

16 is paid when, for reasons beyond the control of the depend17 ent child of the member, the child is required to procure 

18 accommodations while en route between the child’s school 

19 and the member’s duty station.’’. 

20 Subtitle D—Retired Pay and 

21 Survivor Benefits

22 SEC. 641. COMPUTATION OF BENEFITS UNDER SURVIVOR 

23 BENEFIT PLAN FOR SURVIVING SPOUSES 

24 OVER AGE 62. 

25 (a) PHASED INCREASE IN BASIC ANNUITY.—
264

•HR 4200 PCS 

1 (1) STANDARD ANNUITY.—

2 (A) INCREASE TO 55 PERCENT.—Clause (i) 

3 of subsection (a)(1)(B) of section 1451 of title 

4 10, United States Code, is amended by striking 

5 ‘‘35 percent of the base amount.’’ and inserting 

6 ‘‘the product of the base amount and the per7 cent applicable to the month, as follows: 

8 ‘‘(I) For a month before October 

9 2005, the applicable percent is 35 percent. 

10 ‘‘(II) For months after September 

11 2005 and before April 2006, the applicable 

12 percent is 40 percent. 

13 ‘‘(III) For months after March 2006 

14 and before April 2007, the applicable per15 cent is 45 percent. 

16 ‘‘(IV) For months after March 2007 

17 and before April 2008, the applicable per18 cent is 50 percent. 

19 ‘‘(V) For months after March 2008, 

20 the applicable percent is 55 percent.’’. 

21 (B) COORDINATION WITH SAVINGS PROVI22 SION UNDER PRIOR LAW.—Clause (ii) of such 

23 subsection is amended by striking ‘‘, at the time 

24 the beneficiary becomes entitled to the annu25 ity,’’. 
265

•HR 4200 PCS 

1 (2) RESERVE-COMPONENT ANNUITY.—Sub2 section (a)(2)(B)(i)(I) of such section is amended by 

3 striking ‘‘35 percent’’ and inserting ‘‘the percent 

4 specified under subsection (a)(1)(B)(i) as being ap5 plicable for the month’’. 

6 (3) SURVIVORS OF ELIGIBLE PERSONS DYING

7 ON ACTIVE DUTY, ETC.—

8 (A) INCREASE TO 55 PERCENT.—Clause (i) 

9 of subsection (c)(1)(B) of such section is 

10 amended—

11 (i) by striking ‘‘35 percent’’ and in12 serting ‘‘the applicable percent’’; and 

13 (ii) by adding at the end the fol14 lowing: ‘‘The percent applicable for a 

15 month under the preceding sentence is the 

16 percent specified under subsection 

17 (a)(1)(B)(i) as being applicable for that 

18 month.’’. 

19 (B) COORDINATION WITH SAVINGS PROVI20 SION UNDER PRIOR LAW.—Clause (ii) of such 

21 subsection is amended by striking ‘‘, at the time 

22 the beneficiary becomes entitled to the annu23 ity,’’. 
266

•HR 4200 PCS 

1 (4) CLERICAL AMENDMENT.—The heading for 

2 subsection (d)(2)(A) of such section is amended to 

3 read as follows: ‘‘COMPUTATION OF ANNUITY.—’’. 

4 (b) CORRESPONDING PHASED ELIMINATION OF SUP5 PLEMENTAL ANNUITY.—

6 (1) PHASED REDUCTION OF SUPPLEMENTAL

7 ANNUITY.—Section 1457(b) of title 10, United 

8 States Code, is amended—

9 (A) by striking ‘‘5, 10, 15, or 20 percent’’ 

10 and inserting ‘‘the applicable percent’’; and 

11 (B) by inserting after the first sentence 

12 the following: ‘‘The percent used for the com13 putation shall be an even multiple of 5 percent 

14 and, whatever the percent specified in the elec15 tion, may not exceed 20 percent for months be16 fore October 2005, 15 percent for months after 

17 September 2005 and before April 2006, 10 per18 cent for months after March 2006 and before 

19 April 2007, and 5 percent for months after 

20 March 2007 and before April 2008.’’. 

21 (2) REPEAL UPON IMPLEMENTATION OF 55

22 PERCENT SBP ANNUITY.—Effective on April 1, 

23 2008, chapter 73 of such title is amended—

24 (A) by striking subchapter III; and 
267

•HR 4200 PCS 

1 (B) by striking the item relating to sub2 chapter III in the table of subchapters at the 

3 beginning of that chapter. 

4 (c) RECOMPUTATION OF ANNUITIES.—

5 (1) PERIODIC RECOMPUTATION REQUIRED.—

6 Effective on the first day of each month specified in 

7 paragraph (2)—

8 (A) each annuity under section 1450 of 

9 title 10, United States Code, that commenced 

10 before that month, is computed under a provi11 sion of section 1451 of that title amended by 

12 subsection (a), and is payable for that month 

13 shall be recomputed so as to be equal to the 

14 amount that would be in effect if the percent 

15 applicable for that month under that provision, 

16 as so amended, had been used for the initial 

17 computation of the annuity; and 

18 (B) each supplemental survivor annuity 

19 under section 1457 of such title that com20 menced before that month and is payable for 

21 that month shall be recomputed so as to be 

22 equal to the amount that would be in effect if 

23 the percent applicable for that month under 

24 that section, as amended by this section, had 
268

•HR 4200 PCS 

1 been used for the initial computation of the 

2 supplemental survivor annuity. 

3 (2) TIME FOR RECOMPUTATION.—The require4 ment under paragraph (1) for recomputation of cer5 tain annuities applies with respect to the following 

6 months: 

7 (A) October 2005. 

8 (B) April 2006. 

9 (C) April 2007. 

10 (D) April 2008. 

11 (d) RECOMPUTATION OF RETIRED PAY REDUCTIONS

12 FOR SUPPLEMENTAL SURVIVOR ANNUITIES.—The Sec13 retary of Defense shall take such actions as are neces14 sitated by the amendments made by subsection (b) and 

15 the requirements of subsection (c)(1)(B) to ensure that 

16 the reductions in retired pay under section 1460 of title 

17 10, United States Code, are adjusted to achieve the objec18 tives set forth in subsection (b) of that section. 

19 SEC. 642. OPEN ENROLLMENT PERIOD FOR SURVIVOR BEN20 EFIT PLAN COMMENCING OCTOBER 1, 2005. 

21 (a) PERSONS NOT CURRENTLY PARTICIPATING IN

22 SURVIVOR BENEFIT PLAN.—

23 (1) ELECTION OF SBP COVERAGE.—An eligible 

24 retired or former member may elect to participate in 

25 the Survivor Benefit Plan under subchapter II of 
269

•HR 4200 PCS 

1 chapter 73 of title 10, United States Code, during 

2 the open enrollment period specified in subsection 

3 (f). 

4 (2) ELECTION OF SUPPLEMENTAL ANNUITY

5 COVERAGE.—An eligible retired or former member 

6 who elects under paragraph (1) to participate in the 

7 Survivor Benefit Plan at the maximum level may 

8 also elect during the open enrollment period to par9 ticipate in the Supplemental Survivor Benefit Plan 

10 established under subchapter III of chapter 73 of 

11 title 10, United States Code. 

12 (3) ELIGIBLE RETIRED OR FORMER MEMBER.—

13 For purposes of paragraphs (1) and (2), an eligible 

14 retired or former member is a member or former 

15 member of the uniformed services who on the day 

16 before the first day of the open enrollment period is 

17 not a participant in the Survivor Benefit Plan and—

18 (A) is entitled to retired pay; or 

19 (B) would be entitled to retired pay under 

20 chapter 1223 of title 10, United States Code, 

21 but for the fact that such member or former 

22 member is under 60 years of age. 

23 (4) STATUS UNDER SBP OF PERSONS MAKING

24 ELECTIONS.—
270

•HR 4200 PCS 

1 (A) STANDARD ANNUITY.—A person mak2 ing an election under paragraph (1) by reason 

3 of eligibility under paragraph (3)(A) shall be 

4 treated for all purposes as providing a standard 

5 annuity under the Survivor Benefit Plan. 

6 (B) RESERVE-COMPONENT ANNUITY.—A 

7 person making an election under paragraph (1) 

8 by reason of eligibility under paragraph (3)(B) 

9 shall be treated for all purposes as providing a 

10 reserve-component annuity under the Survivor 

11 Benefit Plan. 

12 (b) ELECTION TO INCREASE COVERAGE UNDER

13 SBP.—A person who on the day before the first day of 

14 the open enrollment period is a participant in the Survivor 

15 Benefit Plan but is not participating at the maximum base 

16 amount or is providing coverage under the Plan for a de17 pendent child and not for the person’s spouse or former 

18 spouse may, during the open enrollment period, elect to—

19 (1) participate in the Plan at a higher base 

20 amount (not in excess of the participant’s retired 

21 pay); or 

22 (2) provide annuity coverage under the Plan for 

23 the person’s spouse or former spouse at a base 

24 amount not less than the base amount provided for 

25 the dependent child. 
271

•HR 4200 PCS 

1 (c) ELECTION FOR CURRENT SBP PARTICIPANTS TO

2 PARTICIPATE IN SUPPLEMENTAL SBP.—

3 (1) ELECTION.—A person who is eligible to 

4 make an election under this paragraph may elect 

5 during the open enrollment period to participate in 

6 the Supplemental Survivor Benefit Plan established 

7 under subchapter III of chapter 73 of title 10, 

8 United States Code. 

9 (2) PERSONS ELIGIBLE.—Except as provided in 

10 paragraph (3), a person is eligible to make an elec11 tion under paragraph (1) if on the day before the 

12 first day of the open enrollment period the person is 

13 a participant in the Survivor Benefit Plan at the 

14 maximum level, or during the open enrollment pe15 riod the person increases the level of such participa16 tion to the maximum level under subsection (b) of 

17 this section, and under that Plan is providing annu18 ity coverage for the person’s spouse or a former 

19 spouse. 

20 (3) LIMITATION ON ELIGIBILITY FOR CERTAIN

21 SBP PARTICIPANTS NOT AFFECTED BY TWO-TIER

22 ANNUITY COMPUTATION.—A person is not eligible to 

23 make an election under paragraph (1) if (as deter24 mined by the Secretary concerned) the annuity of a 

25 spouse or former spouse beneficiary of that person 
272

•HR 4200 PCS 

1 under the Survivor Benefit Plan will be computed 

2 under section 1451(e) of title 10, United States 

3 Code. However, such a person may during the open 

4 enrollment period waive the right to have that annu5 ity computed under such section. Any such election 

6 is irrevocable. A person making such a waiver may 

7 make an election under paragraph (1) as in the case 

8 of any other participant in the Survivor Benefit 

9 Plan. 

10 (d) MANNER OF MAKING ELECTIONS.—An election 

11 under this section must be made in writing, signed by the 

12 person making the election, and received by the Secretary 

13 concerned before the end of the open enrollment period. 

14 Any such election shall be made subject to the same condi15 tions, and with the same opportunities for designation of 

16 beneficiaries and specification of base amount, that apply 

17 under the Survivor Benefit Plan or the Supplemental Sur18 vivor Benefit Plan, as the case may be. A person making 

19 an election under subsection (a) to provide a reserve-com20 ponent annuity shall make a designation described in sec21 tion 1448(e) of title 10, United States Code. 

22 (e) EFFECTIVE DATE FOR ELECTIONS.—Any such 

23 election shall be effective as of the first day of the first 

24 calendar month following the month in which the election 

25 is received by the Secretary concerned. 
273

•HR 4200 PCS 

1 (f) OPEN ENROLLMENT PERIOD DEFINED.—The 

2 open enrollment period is the two-year period beginning 

3 on October 1, 2005. 

4 (g) EFFECT OF DEATH OF PERSON MAKING ELEC5 TION WITHIN TWO YEARS OF MAKING ELECTION.—If a 

6 person making an election under this section dies before 

7 the end of the two-year period beginning on the effective 

8 date of the election, the election is void and the amount 

9 of any reduction in retired pay of the person that is attrib10 utable to the election shall be paid in a lump sum to the 

11 person who would have been the deceased person’s bene12 ficiary under the voided election if the deceased person 

13 had died after the end of such two-year period. 

14 (h) APPLICABILITY OF CERTAIN PROVISIONS OF

15 LAW.—The provisions of sections 1449, 1453, and 1454 

16 of title 10, United States Code, are applicable to a person 

17 making an election, and to an election, under this section 

18 in the same manner as if the election were made under 

19 the Survivor Benefit Plan or the Supplemental Survivor 

20 Benefit Plan, as the case may be. 

21 (i) ADDITIONAL PREMIUM.—The Secretary of De22 fense may require that the premium for a person making 

23 an election under subsection (a)(1) or (b) include, in addi24 tion to the amount required under section 1452(a) of title 

25 10, United States Code, an amount determined under reg-
274

•HR 4200 PCS 

1 ulations prescribed by the Secretary of Defense for the 

2 purposes of this subsection. Any such amount shall be 

3 stated as a percentage of the base amount of the person 

4 making the election and shall reflect the number of years 

5 that have elapsed since the person retired, but may not 

6 exceed 4.5 percent of that person’s base amount. 

7 (j) REPORT CONCERNING OPEN SEASON.—Not later 

8 than July 1, 2005, the Secretary of Defense shall submit 

9 to the Committee on Armed Services of the Senate and 

10 the Committee on Armed Services of the House of Rep11 resentatives a report on the open season authorized by this 

12 section for the Survivor Benefit Plan. The report shall in13 clude the following: 

14 (1) A description of the Secretary’s plans for 

15 implementation of the open season. 

16 (2) The Secretary’s estimates of the costs asso17 ciated with the open season, including any antici18 pated effect of the open season on the actuarial sta19 tus of the Department of Defense Military Retire20 ment Fund. 

21 (3) Any recommendation by the Secretary for 

22 further legislative action.
275

•HR 4200 PCS 

1 SEC. 643. SOURCE OF FUNDS FOR SURVIVOR BENEFIT 

2 PLAN ANNUITIES FOR DEPARTMENT OF DE3 FENSE BENEFICIARIES OVER AGE 62. 

4 (a) IN GENERAL.—Chapter 74 of title 10, United 

5 States Code, is amended as follows: 

6 (1) Section 1465(b) of such title is amended by 

7 adding at the end the following new paragraph: 

8 ‘‘(4) At the same time that the Secretary of Defense 

9 makes the determination required by paragraph (1) for 

10 any fiscal year, the Secretary shall determine the amount 

11 of the Treasury contribution to be made to the Fund for 

12 the next fiscal year under section 1466(b)(2)(E) of this 

13 title. That amount shall be determined in the same man14 ner as the determination under paragraph (1) of the total 

15 amount of Department of Defense contributions to be 

16 made to the Fund during that fiscal year under section 

17 1466(a) of this title, except that for purposes of this para18 graph the Secretary, in making the calculations required 

19 by subparagraphs (A) and (B) of that paragraph, shall 

20 use the single level percentages determined under sub21 section (c)(5), rather than those determined under sub22 section (c)(1).’’. 

23 (4) Section 1465(c) of such title is amended—

24 (A) in paragraph (1)—

25 (i) in subparagraph (A), by inserting 

26 before the semicolon at the end the fol-
276

•HR 4200 PCS 

1 lowing: ‘‘and as if benefits under 

2 subchpater II of chapter 73 of this title for 

3 beneficiaries 62 years of age and older 

4 were computed for any fiscal year on the 

5 basis of the percentage of 35 percent, rath6 er than any percentage otherwise applica7 ble for that computation for that fiscal 

8 year’’; and 

9 (ii) in subparagraph (B), by inserting 

10 before the period at the end the following: 

11 ‘‘and as if benefits under subchapter II of 

12 chapter 73 of this title for beneficiaries 62 

13 years of age and older were computed for 

14 any fiscal year on the basis of the percent15 age of 35 percent, rather than any percent16 age otherwise applicable for that computa17 tion for that fiscal year’’; 

18 (B) by redesignating paragraph (5) as 

19 paragraph (6); and 

20 (C) by inserting after paragraph (4) the 

21 following new paragraph (5): 

22 ‘‘(5) Whenever the Secretary carries out an actuarial 

23 valuation under paragraph (1), the Secretary shall include 

24 as part of such valuation the following: 
277

•HR 4200 PCS 

1 ‘‘(A) A determination of a single level percent2 age determined in the same manner as applies under 

3 subparagraph (A) of paragraph (1), but determined 

4 as if benefits under subchapter II of chapter 73 of 

5 this title for beneficiaries 62 years of age and older 

6 were computed for any fiscal year on the basis of the 

7 percentage of 35 percent, rather than any percent8 age otherwise applicable for that computation for 

9 that fiscal year. 

10 ‘‘(B) A determination of a single level percent11 age determined in the same manner as applies under 

12 subparagraph (B) of paragraph (1), but determined 

13 as if benefits under subchapter II of chapter 73 of 

14 this title for beneficiaries 62 years of age and older 

15 were computed for any fiscal year on the basis of the 

16 percentage of 35 percent, rather than any percent17 age otherwise applicable for that computation for 

18 that fiscal year. 

19 Such single level percentages shall be used for the pur20 poses of subsection (b)(4).’’. 

21 (5) Section 1466(b) of such title is amended—

22 (A) in paragraph (1), by inserting 

23 ‘‘1465(b)(4),’’ after ‘‘1465(b)(3),’’; and 

24 (B) by adding at the end of paragraph (2) 

25 the following new subparagraph: 
278

•HR 4200 PCS 

1 ‘‘(E) The amount for that year determined by 

2 the Secretary of Defense under section 1465(b)(4) 

3 of this title for the cost to the Fund arising from in4 creased amounts payable from the Fund by reason 

5 of benefits under subchapter II of chapter 73 of this 

6 title for beneficiaries 62 years of age and older being 

7 computed for any fiscal year on the basis of the per8 centage greater than 35 percent.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall take effect as of October 1, 2004. If 

11 this Act is enacted after that date, the Secretary of De12 fense shall provide for such administrative adjustments as 

13 necessary to provide for payments made for any period 

14 during fiscal year 2005 before the date of the enactment 

15 of this Act to be treated as having been made in accord16 ance with such amendments and for the provisions of 

17 those amendments to be implemented as if enacted as of 

18 September 30, 2004. 
279

•HR 4200 PCS 

1 Subtitle E—Commissary and Non2 appropriated Fund Instrumen3 tality Benefits

4 SEC. 651. CONSOLIDATION AND REORGANIZATION OF LEG5 ISLATIVE PROVISIONS REGARDING DEFENSE 

6 COMMISSARY SYSTEM AND EXCHANGES AND 

7 OTHER MORALE, WELFARE, AND RECRE8 ATION ACTIVITIES. 

9 (a) PROVISIONS RELATED TO COMMISSARY

10 STORES.—Chapter 147 of title 10, United States Code, 

11 is amended—

12 (1) by striking the table of sections at the be13 ginning of the chapter and sections 2481, 2483, 

14 2485, and 2487; 

15 (2) by redesignating sections 2482, 2484, and 

16 2486 as sections 2485, 2483 and 2484, respectively; 

17 (3) by inserting after the chapter heading the 

18 following:

‘‘Subchapter Sec. 

‘‘I. Defense Commissary System .............................................................. 2481

‘‘II. Relationship, Continuation, and Common Policies of Defense Commissary and Exchange Systems .................................... 2487

‘‘III. Morale, Welfare, and Recreation Programs and Nonappropriated 

Fund Instrumentalities ................................................. 2491

19 ‘‘SUBCHAPTER I—DEFENSE COMMISSARY 

20 SYSTEM

‘‘Sec. 

‘‘2481. Existence and purpose of defense commissary system. 

‘‘2482. Commissary stores: criteria for establishment or closure; store size. 
280

•HR 4200 PCS 

‘‘2483. Commissary stores: use of appropriated funds to cover operating expenses. 

‘‘2484. Commissary stores: merchandise that may be sold; uniform surcharges 

and pricing. 

‘‘2485. Commissary stores: operation.

1 ‘‘§ 2481. Existence and purpose of defense com2 missary system 

3 ‘‘(a) EXISTENCE OF SYSTEM.—The Secretary of the 

4 Defense shall operate, using funds appropriated to the De5 partment of Defense, a world-wide system of commissary 

6 stores that sell, at reduced prices, food and other merchan7 dise consistent with societal norms for product selection 

8 in commercial large-scale grocery stores in the United 

9 States to members of the uniformed services on active 

10 duty, members of the uniformed services entitled to retired 

11 pay, dependents of such members, and patrons authorized 

12 to use the system under chapter 54 of this title. 

13 ‘‘(b) PURPOSE OF SYSTEM.—The purpose of the de14 fense commissary system is to enhance the quality of life 

15 of members of the uniformed services, retired members, 

16 dependents of such members, and other authorized pa17 trons and to provide such members with an additional 

18 nonmonetary compensation in recognition of their service 

19 to the United States. 

20 ‘‘(c) REDUCES PRICES DEFINED.—In this section, 

21 the term ‘reduced prices’ means prices for food and other 

22 merchandise determined using the price setting process 

23 specified in section 2484 of this title. 
281

•HR 4200 PCS 

1 ‘‘§ 2482. Commissary stores: criteria for establishment 

2 or closure; store size 

3 ‘‘(a) PRIMARY CONSIDERATION FOR ESTABLISH4 MENT.—The needs of members of the uniformed services 

5 on active duty and their dependents shall be the primary 

6 consideration whenever the Secretary of Defense—

7 ‘‘(1) assesses the need to establish a com8 missary store; and 

9 ‘‘(2) selects the actual location for the store. 

10 ‘‘(b) STORE SIZE.—In determining the size of a com11 missary store, the Secretary of Defense shall take into 

12 consideration the number of all authorized patrons of the 

13 defense commissary system who are likely to use the store. 

14 ‘‘(c) CLOSURE CONSIDERATIONS.—(1) Whenever as15 sessing whether to close a commissary store, the effect of 

16 the closure on the quality of life of members of the uni17 formed services and their dependents using the store and 

18 on the welfare and security of the military community in 

19 which the commissary is located shall be the primary con20 sideration. In all cases, the quality of life for military pa21 trons shall take priority over any consideration of eco22 nomic criteria relative to store financial performance. 

23 ‘‘(2) The Secretary of Defense shall give the quality 

24 of life for members of a reserve component the same pri25 ority as the quality of life for active duty members when26 ever assessing whether to close a commissary store, includ-
282

•HR 4200 PCS 

1 ing when the assessment is undertaken as a result of the 

2 closure or realignment of a military installation under a 

3 base closure law. 

4 ‘‘(d) CONGRESSIONAL NOTIFICATION.—The closure 

5 of a commissary store shall not take effect until the end 

6 of the 90-day period beginning on the date on which the 

7 Secretary of Defense submits to Congress written notice 

8 of the reasons supporting the closure. The written notice 

9 shall include an assessment of the impact closure will have 

10 on the quality of life for military patrons and the welfare 

11 and security of the military community in which the com12 missary is located.’’; 

13 (4) by inserting sections 2483 and 2484, as re14 designated by paragraph (2), after section 2482, as 

15 added by paragraph (3); 

16 (5) in section 2484, as redesignated by para17 graph (2)—

18 (A) by striking subsections (a), (b), (c), 

19 and (g); 

20 (B) by redesignating subsections (d), (e), 

21 and (f) as subsections (f), (g), and (h), respec22 tively; 

23 (C) by inserting before subsection (f), as so 

24 redesignated, the following new subsections: 
283

•HR 4200 PCS 

1 ‘‘(a) IN GENERAL.—As provided in section 2481(a) 

2 of this title, commissary stores are intended to be similar 

3 to commercial grocery stores and may sell merchandise 

4 similar to that sold in commercial grocery stores. The Sec5 retary of Defense shall ensure that the design and format 

6 of commissary stores are consistent with modern grocery 

7 store stockage and format.

8 ‘‘(b) REQUIRED COMMISSARY MERCHANDISE CAT9 EGORIES.—Merchandise sold in, at, or by commissary 

10 stores shall include items in the following categories: 

11 ‘‘(1) Meat, poultry, and seafood. 

12 ‘‘(2) Nonalcoholic beverages. 

13 ‘‘(3) Produce. 

14 ‘‘(4) Grocery food, whether stored chilled, fro15 zen, or at room temperature. 

16 ‘‘(5) Dairy products. 

17 ‘‘(6) Bakery and delicatessen items. 

18 ‘‘(7) Nonfood grocery items. 

19 ‘‘(8) Health and beauty aids. 

20 ‘‘(9) Magazines and periodicals. 

21 ‘‘(10) Telephone cards, greeting cards, and film 

22 and one-time use cameras. 

23 ‘‘(c) INCLUSION OF GENERAL MERCHANDISE

24 ITEMS.—(1) Among the various defense retail systems—
284

•HR 4200 PCS 

1 ‘‘(A) commissary stores shall be the primary 

2 Department of Defense-operated store for the sale of 

3 items described in paragraphs (1) through (7) of 

4 subsection (b); and 

5 ‘‘(B) exchange stores shall continue to maintain 

6 the exclusive right to operate convenience stores, 

7 shopettes, and troop stores, including such stores es8 tablished to support contingency operations. 

9 ‘‘(2) Merchandise sold in commissary stores may in10 clude such general merchandise items as the Secretary of 

11 Defense may prescribe, except that the Secretary may not 

12 exclude seasonal items, tobacco products, pet supplies, 

13 batteries, potted plants and floral bouquets, women’s ho14 siery, and school supplies, to the extent such products 

15 have been available in commissary stores before June 1, 

16 2004, unless the Secretary determines that space or other 

17 considerations preclude the sale of all or some of the speci18 fied items. The Secretary shall provide notice to Congress 

19 of any reduction in the availability of such items at least 

20 30 days before the reduction takes effect. 

21 ‘‘(3) A military exchange may be considered as the 

22 vendor for the purchase of tobacco products, greeting 

23 cards, and film and one-time use cameras and shall serve 

24 as the vendor for telephone cards. Subsections (e) and (f) 

25 shall not apply to the pricing of such an item when a mili-
285

•HR 4200 PCS 

1 tary exchange serves as the vendor of the item. Com2 missary store and exchange prices shall be comparable for 

3 such an item. 

4 ‘‘(4) During the two-year period ending March 31, 

5 2007, the Secretary shall maintain sales data for com6 missary stores and exchange stores regarding the items 

7 identified in subsection (b)(10). Not later than August 1, 

8 2007, the Secretary shall submit to Congress a report con9 taining such sales data. 

10 ‘‘(d) EXCLUDED GOODS OR SERVICES.—Commissary 

11 stores shall not offer film development services. 

12 ‘‘(e) UNIFORM SALES PRICE SURCHARGE.—The Sec13 retary of Defense shall apply a uniform surcharge equal 

14 to not more than five percent on the sales prices estab15 lished under subsection (f) for each item of merchandise 

16 sold in, at, or by commissary stores.’’; 

17 (D) in subsection (f), as so redesignated, 

18 by striking ‘‘(consistent with this section and 

19 section 2685 of this title)’’ in paragraph (1); 

20 (E) in subsection (h), as so redesignated, 

21 by striking ‘‘Subsections (c) and (d)’’ and in22 serting ‘‘Subsections (e) and (f)’’; and 

23 (F) by adding at the end the following new 

24 subsection: 
286

•HR 4200 PCS 

1 ‘‘(i) USE OF SURCHARGE FOR CONSTRUCTION, RE2 PAIR, IMPROVEMENT, AND MAINTENANCE.—(1)(A) The 

3 Secretary of Defense may use the proceeds from the sur4 charges imposed under subsection (e) only—

5 ‘‘(i) to acquire (including acquisition by lease), 

6 construct, convert, expand, improve, repair, main7 tain, and equip the physical infrastructure of com8 missary stores and central product processing facili9 ties of the defense commissary system; and 

10 ‘‘(ii) to cover environmental evaluation and con11 struction costs related to activities described in 

12 clause (i), including costs for surveys, administra13 tion, overhead, planning, and design. 

14 ‘‘(B) In subparagraph (A), the term ‘physical infra15 structure’ includes real property, utilities, and equipment 

16 (installed and free standing and including computer equip17 ment), necessary to provide a complete and usable com18 missary store or central product processing facility. 

19 ‘‘(2)(A) The Secretary of Defense may authorize a 

20 nonappropriated fund instrumentality of the United 

21 States to enter into a contract for construction of a shop22 ping mall or similar facility for a commissary store and 

23 one or more nonappropriated fund instrumentality activi24 ties. The Secretary may use the proceeds of surcharges 

25 under subsection (e) to reimburse the nonappropriated 
287

•HR 4200 PCS 

1 fund instrumentality for the portion of the cost of the con2 tract that is attributable to construction of the com3 missary store or to pay the contractor directly for that 

4 portion of such cost. 

5 ‘‘(B) In subparagraph (A), the term ‘construction’, 

6 with respect to a facility, includes acquisition, conversion, 

7 expansion, installation, or other improvement of the facil8 ity. 

9 ‘‘(3) The Secretary of Defense, with the approval of 

10 the Director of the Office of Management and Budget, 

11 may obligate anticipated proceeds from the surcharges 

12 under subsection (e) for any use specified in paragraph 

13 (1) or (2), without regard to fiscal year limitations, if the 

14 Secretary determines that such obligation is necessary to 

15 carry out any use of such adjustments or surcharges speci16 fied in such paragraph. 

17 ‘‘(4) Revenues received by the Secretary of Defense 

18 from the following sources or activities of commissary 

19 store facilities shall be available for the purposes set forth 

20 in paragraphs (1), (2), and (3): 

21 ‘‘(A) Sale of recyclable materials. 

22 ‘‘(B) Sale of excess and surplus property. 

23 ‘‘(C) License fees. 

24 ‘‘(D) Royalties. 
288

•HR 4200 PCS 

1 ‘‘(E) Fees paid by sources of products in order 

2 to obtain favorable display of the products for resale, 

3 known as business related management fees.’’; 

4 (6) by inserting section 2485, as redesignated 

5 by paragraph (2), after section 2484, as amended by 

6 paragraph (5); and 

7 (7) in section 2485, as redesignated by para8 graph (2)—

9 (A) in subsection (a)(2), by adding at the 

10 end the following new sentence: ‘‘Until Decem11 ber 31, 2009, the Defense Commissary Agency 

12 is not required to conduct any cost-comparison 

13 study under the policies and procedures of Of14 fice of Management and Budget Circular A–76 

15 relating to the possible contracting out of com16 missary store functions.’’; 

17 (B) in subsection (b)(2), by striking ‘‘sec18 tion 2484’’ and inserting ‘‘section 2483’’; 

19 (C) in subsection (c)(2), by adding at the 

20 end the following new sentences: ‘‘The chair21 man of the governing board shall be a commis22 sioned officer or member of the senior executive 

23 service who has demonstrated experience or 

24 knowledge relevant to the management of the 

25 defense commissary system. In selecting other 
289

•HR 4200 PCS 

1 members of the governing board, the Secretary 

2 shall give priority to persons with experience re3 lated to logistics, military personnel, military 

4 entitlements or other experiences of value of 

5 management of commissaries.’’; and 

6 (D) by adding at the end the following new 

7 subsections: 

8 ‘‘(d) ASSIGNMENT OF ACTIVE DUTY MEMBERS.—(1) 

9 Except as provided in paragraph (2), members of the 

10 armed forces on active duty may not be assigned to the 

11 operation of a commissary store. 

12 ‘‘(2)(A) The Secretary of Defense may assign an offi13 cer on the active-duty list to serve as the Director of the 

14 Defense Commissary Agency. 

15 ‘‘(B) Not more than 18 members (in addition to the 

16 officer referred to in subparagraph (A)) of the armed 

17 forces on active duty may be assigned to the Defense Com18 missary Agency. Members who may be assigned under this 

19 subparagraph to regional headquarters of the agency shall 

20 be limited to enlisted members assigned to duty as advis21 ers in the regional headquarters responsible for overseas 

22 commissaries and to veterinary specialists. 

23 ‘‘(e) REIMBURSEMENT FOR USE OF COMMISSARY FA24 CILITIES BY MILITARY DEPARTMENTS.—(1) The Sec25 retary of a military department shall pay the Defense 
290

•HR 4200 PCS 

1 Commissary Agency the amount determined under para2 graph (2) for any use of a commissary facility by the mili3 tary department for a purpose other than commissary 

4 sales or operations in support of commissary sales. 

5 ‘‘(2) The amount payable under paragraph (1) for 

6 use of a commissary facility by a military department shall 

7 be equal to the share of depreciation of the facility that 

8 is attributable to that use, as determined under regula9 tions prescribed by the Secretary of Defense. 

10 ‘‘(3) The Director of the Defense Commissary Agency 

11 shall credit amounts paid under paragraph (1) for use of 

12 a facility to an appropriate account to which proceeds of 

13 a surcharge applied under section 2484(e) of this title are 

14 credited. 

15 ‘‘(4) This subsection applies with respect to a com16 missary facility that is acquired, constructed, converted, 

17 expanded, installed, or otherwise improved (in whole or in 

18 part) with the proceeds of a surcharge applied under sec19 tion 2484(e) of this title. 

20 ‘‘(f) DONATION OF UNUSABLE FOOD.—(1) The Sec21 retary of Defense may donate food described in paragraph 

22 (2) to any of the following entities: 

23 ‘‘(A) A charitable nonprofit food bank that is 

24 designated by the Secretary of Defense or the Sec-
291

•HR 4200 PCS 

1 retary of Health and Human Services as authorized 

2 to receive such donations. 

3 ‘‘(B) A State or local agency that is designated 

4 by the Secretary of Defense or the Secretary of 

5 Health and Human Services as authorized to receive 

6 such donations. 

7 ‘‘(C) A chapter or other local unit of a recog8 nized national veterans organization that provides 

9 services to persons without adequate shelter and is 

10 designated by the Secretary of Veterans Affairs as 

11 authorized to receive such donations. 

12 ‘‘(D) A not-for-profit organization that provides 

13 care for homeless veterans and is designated by the 

14 Secretary of Veterans Affairs as authorized to re15 ceive such donations. 

16 ‘‘(2) Food that may be donated under this subsection 

17 is commissary store food, mess food, meals ready-to-eat 

18 (MREs), rations known as humanitarian daily rations 

19 (HDRs), and other food available to the Secretary of De20 fense that—

21 ‘‘(A) is certified as edible by appropriate food 

22 inspection technicians; 

23 ‘‘(B) would otherwise be destroyed as unusable; 

24 and 
292

•HR 4200 PCS 

1 ‘‘(C) in the case of commissary store food, is 

2 unmarketable and unsaleable. 

3 ‘‘(3) In the case of commissary store food, a donation 

4 under this subsection shall take place at the site of the 

5 commissary store that is donating the food. 

6 ‘‘(4) This subsection does not authorize any service 

7 (including transportation) to be provided in connection 

8 with a donation under this subsection. 

9 ‘‘(g) COLLECTION OF DISHONORED CHECKS.—(1) 

10 The Secretary of Defense may impose a charge for the 

11 collection of a check accepted at a commissary store that 

12 is not honored by the financial institution on which the 

13 check is drawn. The imposition and amounts of charges 

14 shall be consistent with practices of commercial grocery 

15 stores regarding dishonored checks. 

16 ‘‘(2)(A) The following persons are liable to the United 

17 States for the amount of a check referred to in paragraph 

18 (1) that is returned unpaid to the United States, together 

19 with any charge imposed under that paragraph: 

20 ‘‘(i) The person who presented the check. 

21 ‘‘(ii) Any person whose status and relationship 

22 to the person who presented the check provide the 

23 basis for that person’s eligibility to make purchases 

24 at a commissary store. 
293

•HR 4200 PCS 

1 ‘‘(B) Any amount for which a person is liable under 

2 subparagraph (A) may be collected by deducting and with3 holding such amount from any amounts payable to that 

4 person by the United States. 

5 ‘‘(3) Amounts collected as charges imposed under 

6 paragraph (1) shall be credited to the commissary trust 

7 revolving fund. 

8 ‘‘(4) Appropriated funds may be used to pay any 

9 costs incurred in the collection of checks and charges re10 ferred to in paragraph (1). An appropriation account 

11 charged a cost under the preceding sentence shall be reim12 bursed the amount of that cost out of funds in the com13 missary trust revolving fund. 

14 ‘‘(5) In this subsection, the term ‘commissary trust 

15 revolving fund’ means the trust revolving fund maintained 

16 by the Department of Defense for surcharge collections 

17 and proceeds of sales of commissary stores. 

18 ‘‘(h) RELEASE OF CERTAIN COMMERCIALLY VALU19 ABLE INFORMATION TO PUBLIC.—(1) The Secretary of 

20 Defense may limit the release to the public of any informa21 tion described in paragraph (2) if the Secretary deter22 mines that it is in the best interest of the Department 

23 of Defense to limit the release of such information. If the 

24 Secretary determines to limit the release of any such infor-
294

•HR 4200 PCS 

1 mation, the Secretary may provide for limited release of 

2 such information in accordance with paragraph (3). 

3 ‘‘(2) Paragraph (1) applies to the following: 

4 ‘‘(A) Information contained in the computerized 

5 business systems of commissary stores or the De6 fense Commissary Agency that is collected through 

7 or in connection with the use of electronic scanners 

8 in commissary stores, including the following infor9 mation: 

10 ‘‘(i) Data relating to sales of goods or serv11 ices. 

12 ‘‘(ii) Demographic information on cus13 tomers. 

14 ‘‘(iii) Any other information pertaining to 

15 commissary transactions and operations. 

16 ‘‘(B) Business programs, systems, and applica17 tions (including software) relating to commissary op18 erations that were developed with funding derived 

19 from commissary surcharges. 

20 ‘‘(3)(A) The Secretary of Defense may, using com21 petitive procedures, enter into a contract to sell informa22 tion described in paragraph (2). 

23 ‘‘(B) The Secretary of Defense may release, without 

24 charge, information on an item sold in commissary stores 
295

•HR 4200 PCS 

1 to the manufacturer or producer of that item or an agent 

2 of the manufacturer or producer. 

3 ‘‘(C) The Secretary of Defense may, by contract en4 tered into with a business, grant to the business a license 

5 to use business programs referred to in paragraph (2)(B), 

6 including software used in or comprising any such pro7 gram. The fee charged for the license shall be based on 

8 the costs of similar programs developed and marketed by 

9 businesses in the private sector, determined by means of 

10 surveys. 

11 ‘‘(D) Each contract entered into under this para12 graph shall specify the amount to be paid for information 

13 released or a license granted under the contract, as the 

14 case may be. 

15 ‘‘(4) Information described in paragraph (2) may not 

16 be released, under paragraph (3) or otherwise, in a form 

17 that identifies any customer or that provides information 

18 making it possible to identify any customer. 

19 ‘‘(5) Amounts received by the Secretary under this 

20 section shall be credited to funds derived from commissary 

21 surcharges applied under section 2484(e) of this title, 

22 shall be merged with those funds, and shall be available 

23 for the same purposes as the funds with which merged.’’. 
296

•HR 4200 PCS 

1 (b) RELATION BETWEEN DEFENSE COMMISSARY

2 AND EXCHANGE SYSTEMS.—Chapter 147 of title 10, 

3 United States Code, is further amended—

4 (1) by inserting after section 2485, as amended 

5 by subsection (a)(7), the following: 

6 ‘‘SUBCHAPTER II—RELATIONSHIP, CONTINU7 ATION, AND COMMON POLICIES OF DE8 FENSE COMMISSARY AND EXCHANGE SYS9 TEMS

‘‘Sec. 

‘‘2487. Existence and purpose of defense commissary system. 

‘‘2488. Combined exchange and commissary stores. 

‘‘2489. Overseas commissary and exchange stores: access and purchase restrictions.

10 ‘‘§ 2487. Relationship between defense commissary 

11 system and exchange stores system 

12 ‘‘(a) SEPARATE SYSTEMS.—(1) Except as provided in 

13 paragraph (2), the defense commissary system and the ex14 change stores system shall be operated as separate sys15 tems of the Department of Defense. 

16 ‘‘(2) Paragraph (1) does not apply to the following: 

17 ‘‘(A) Combined exchange and commissary 

18 stores operated under the authority provided by sec19 tion 2489 of this title. 

20 ‘‘(B) NEXMART stores of the Navy Exchange 

21 Service Command established before October 1, 

22 2003. 
297

•HR 4200 PCS 

1 ‘‘(b) CONSOLIDATION OR OTHER ORGANIZATIONAL

2 CHANGES OF DEFENSE RETAIL SYSTEMS.—(1) The oper3 ation and administration of the defense retail systems may 

4 not be consolidated or otherwise merged unless the con5 solidation or merger is specifically authorized by an Act 

6 of Congress. 

7 ‘‘(2) In this subsection, the term ‘defense retail sys8 tems’ means the defense commissary system and exchange 

9 stores system and other revenue-generating facilities oper10 ated by nonappropriated fund instrumentalities of the De11 partment of Defense for the morale, welfare, and recre12 ation of members of the armed forces’’; 

13 (2) by redesignating sections 2488, 2489, 

14 2489a as sections 2495, 2495a, and 2495b, respec15 tively; and 

16 (3) by redesignating sections 2490a and 2492 

17 as sections 2488 and 2489, respectively, and insert18 ing such sections after section 2487, as added by 

19 paragraph (1). 

20 (c) MWR PROGRAMS AND NONAPPROPRIATED FUND

21 INSTRUMENTALITIES.—Chapter 147 of title 10, United 

22 States Code, is further amended—

23 (1) by inserting after section 2489, as redesig24 nated and moved by subsection (b)(3), the following: 
298

•HR 4200 PCS 

1 ‘‘SUBCHAPTER III—MORALE, WELFARE, AND 

2 RECREATION PROGRAMS AND NON3 APPROPRIATED FUND INSTRUMENTAL4 ITIES

‘‘Sec. 

‘‘2491. Uniform funding and management of morale, welfare, and recreation 

programs. 

‘‘2491a. Department of Defense golf courses: limitation on use of appropriated 

funds. 

‘‘2491b. Use of appropriated funds for operation of Armed Forces Recreation 

Center, Europe: limitation. 

‘‘2491c. Retention of morale, welfare, and recreation funds by military installations: limitation. 

‘‘2492. Nonappropriated fund instrumentalities: contracts with other agencies 

and instrumentalities to provide and obtain goods and services. 

‘‘2493. Fisher Houses: administration as nonappropriated fund instrumentality. 

‘‘2494. Nonappropriated fund instrumentalities: furnishing utility services for 

morale, welfare, and recreation purposes. 

‘‘2495. Nonappropriated fund instrumentalities: purchase of alcoholic beverages. 

‘‘2495a. Overseas package stores: treatment of United States wines. 

‘‘2495b. Sale or rental of sexually explicit material prohibited.’’;

5 (2) by redesignating section 2494 as section 

6 2491 and inserting such section after the table of 

7 sections at the beginning of subchapter III, as added 

8 by paragraph (1); 

9 (3) by redesignating section 2482a as section 

10 2492 and inserting such section before section 2493; 

11 (4) by inserting after section 2493 the following 

12 new section: 

13 ‘‘§ 2494. Nonappropriated fund instrumentalities: fur14 nishing utility services for morale, wel15 fare, and recreation purposes 

16 ‘‘Appropriations for the Department of Defense may 

17 be used to provide utility services for—
299

•HR 4200 PCS 

1 ‘‘(1) buildings on military installations author2 ized by regulation to be used for morale, welfare, 

3 and recreation purposes; and 

4 ‘‘(2) other morale, welfare, and recreation ac5 tivities for members of the armed forces.’’; and 

6 (5) by inserting sections 2495, 2495a, and 

7 2495b, as redesignated by subsection (b)(2), after 

8 section 2494, as added by paragraph (4). 

9 (d) INCLUSION OF OTHER TITLE 10 PROVISIONS.—

10 Sections 2246, 2247, and 2219 of title 10, United States 

11 Code, are—

12 (1) transferred to chapter 147 of such title; 

13 (2) inserted after section 2491, as redesignated 

14 and moved by subsection (c)(2); and 

15 (3) redesignated as sections 2491a, 2491b, and 

16 2491c, respectively. 

17 (e) CONFORMING AMENDMENTS.—(1) Section 977 of 

18 title 10, United States Code, is repealed. 

19 (2) Section 2868 of such title is amended by striking 

20 ‘‘for—’’ and all that follows through the period at the end 

21 and inserting ‘‘for buildings constructed at private cost, 

22 as authorized by law.’’. 

23 (3) Section 367 of the Strom Thurmond National De24 fense Authorization Act for Fiscal Year 1999 (Public Law 
300

•HR 4200 PCS 

1 105–261; 112 Stat. 1987; 10 U.S.C. 2482 note) is re2 pealed. 

3 (f) CLERICAL AMENDMENTS.—(1) The table of sec4 tions at the beginning of chapter 49 of title 10, United 

5 States Code, is amended by striking the item relating to 

6 section 977. 

7 (2) The table of sections at the beginning of chapter 

8 132 of such title is amended by striking the item relating 

9 to section 2219. 

10 (3) The table of sections at the beginning of sub11 chapter I of chapter 134 of such title is amended by strik12 ing the items relating to sections 2246 and 2247. 

13 SEC. 652. CONSISTENT STATE TREATMENT OF DEPART14 MENT OF DEFENSE NONAPPROPRIATED 

15 FUND HEALTH BENEFITS PROGRAM. 

16 Section 349 of the National Defense Authorization 

17 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 

18 2727) is amended by adding at the end the following new 

19 subsection: 

20 ‘‘(c) TREATMENT OF PROGRAM AS FEDERAL

21 HEALTH BENEFIT PROGRAM.—(1) No State tax, fee, 

22 other monetary payment, or State health plan require23 ment, may be imposed, directly or indirectly, on the Non24 appropriated Fund Uniform Health Benefits Program of 

25 the Department of Defense, or on a carrier or an under-
301

•HR 4200 PCS 

1 writing or plan administration contractor of the Program, 

2 to the same extent as such prohibition applies to the 

3 health insurance program authorized by chapter 89 of title 

4 5, United States Code, under section 8909(f) of such title. 

5 ‘‘(2) Paragraph (1) shall not be construed to exempt 

6 the Nonappropriated Fund Uniform Health Benefits Pro7 gram of the Department of Defense, or any carrier or un8 derwriting or plan administration contractor of the Pro9 gram from the imposition, payment, or collection of a tax, 

10 fee, or other monetary payment on the net income or prof11 it accruing to, or realized by, the Program or by such car12 rier or contractor from business conducted under the Pro13 gram, so long as the tax, fee, or payment is applicable 

14 to a broad range of business activity. 

15 ‘‘(3) In this section, the term ‘State’ means each of 

16 the several States, the District of Columbia, the Common17 wealth of Puerto Rico, the United States Virgin Islands, 

18 Guam, American Samoa, and the Commonwealth of the 

19 Northern Mariana Islands, and any political subdivision 

20 or other non-Federal authority thereof.’’. 
302

•HR 4200 PCS 

1 SEC. 653. COOPERATION AND ASSISTANCE FOR QUALIFIED 

2 SCOUTING ORGANIZATIONS SERVING DE3 PENDENTS OF MEMBERS OF THE ARMED 

4 FORCES AND CIVILIAN EMPLOYEES OVER5 SEAS. 

6 (a) AUTHORITY TO COOPERATE AND PROVIDE AS7 SISTANCE.—Subsection (a) of section 2606 of title 10, 

8 United States Code, is amended—

9 (1) in subsection (a), by striking ‘‘Subject to 

10 subsection (b)’’ and inserting ‘‘In the interest of pro11 moting the recognized morale, welfare, and recre12 ation of members of the armed forces’’; and 

13 (2) in subsection (b), by striking ‘‘and may’’ 

14 and all that follows through ‘‘armed forces’’. 

15 (b) TREATMENT OF ORGANIZATIONS AND EMPLOY16 EES.—Such section is further amended—

17 (1) by striking subsections (e) and (f); 

18 (2) by redesignating subsections (c) and (d) as 

19 subsections (e) and (f), respectively; and 

20 (3) by inserting after subsection (b) the fol21 lowing new subsections: 

22 ‘‘(c) TREATMENT AS NONAPPROPRIATED FUND IN23 STRUMENTALITIES.—(1) Subject to paragraphs (2) and 

24 (3), to the extent a qualified scouting organization is pro25 viding services for members of the armed forces and their 

26 dependents, or civilian employees of the Department of 
303

•HR 4200 PCS 

1 Defense and their dependents, at a location outside the 

2 United States consistent with the regulations prescribed 

3 under subsection (b), the qualified scouting organization 

4 shall be a nonappropriated fund instrumentality of the De5 partment of Defense. 

6 ‘‘(2) Notwithstanding treatment as a non7 appropriated fund instrumentality of the Department of 

8 Defense, personnel of the qualified scouting organization 

9 who are performing duties in connection with cooperation 

10 and assistance provided under subsection (a) may continue 

11 such policies and procedures related to personnel manage12 ment and such other policies or procedures established by 

13 the qualified scouting organization as the personnel con14 sider appropriate, subject to the approval of the qualified 

15 scouting organization. 

16 ‘‘(3) A qualified scouting organization operating out17 side the United States may operate as a private associa18 tion overseas for the purpose of raising funds. Any funds 

19 so raised may not be commingled with amounts retained 

20 in a nonappropriated morale, welfare, and recreation ac21 count of the Department of Defense. 

22 ‘‘(d) TREATMENT AS NONAPPROPRIATED FUND IN23 STRUMENTALITY EMPLOYEES.—(1) Personnel of a quali24 fied scouting organization who are performing duties in 

25 connection with cooperation and assistance provided under 
304

•HR 4200 PCS 

1 subsection (a) for members of the armed forces and their 

2 dependents, or civilian employees of the Department of 

3 Defense and their dependents, shall be nonappropriated 

4 fund instrumentality employees of the United States for 

5 any period during which the personnel perform such du6 ties. 

7 ‘‘(2) Such personnel of a qualified scouting organiza8 tion shall receive the same benefits, entitlements, and 

9 logistical support as other nonappropriated fund instru10 mentality employees, except that such personnel—

11 ‘‘(A) shall be allowed to decline to participate in 

12 retirement programs or other personnel management 

13 policies or procedures available to other non14 appropriated fund instrumentality employees and 

15 elect to continue the programs, policies or proce16 dures made available by the qualified scouting orga17 nization; and 

18 ‘‘(B) shall not receive nonappropriated fund in19 strumentality employment credit nor rehire priority. 

20 ‘‘(3) In the regulations prescribed under subsection 

21 (b), the Secretary of Defense may authorize the use of 

22 funds appropriated to the Department of Defense to pay 

23 costs of such personnel of a qualified scouting organiza24 tion, including reimbursement of the personnel or the 

25 qualified scouting organization, in the case of those retire-
305

•HR 4200 PCS 

1 ment, personnel management, and other compensation 

2 programs regarding which the personnel have elected to 

3 continue the programs made available to them by the 

4 qualified scouting organization.’’. 

5 (c) CONFORMING AND CLERICAL AMENDMENTS.—

6 Such section is further amended—

7 (1) in subsection (a), by inserting ‘‘AUTHORITY

8 TO COOPERATE AND PROVIDE ASSISTANCE.—’’ after 

9 ‘‘(a)’’; 

10 (2) in subsection (c), by inserting ‘‘BASIS FOR

11 COOPERATION AND ASSISTANCE.—’’; 

12 (3) in subsection (e), as redesignated by sub13 section (b)(2)—

14 (A) by inserting ‘‘PROVISION OF TRANS15 PORTATION, SPACE, AND SERVICES.—’’ after 

16 ‘‘(e)’’; and 

17 (B) in the matter preceding paragraph (1), 

18 by inserting ‘‘, using the authority of subsection 

19 (d)(3)’’ after ‘‘furnished’’; 

20 (4) in subsection (f), as redesignated by sub21 section (b)(2), by inserting ‘‘TRANSPORTATION OF

22 SUPPLIES.—’’ after ‘‘(f)’’; and 

23 (5) in subsection (g), by inserting ‘‘DEFINI24 TION.—’’ after ‘‘(g)’’. 
306

•HR 4200 PCS 

1 Subtitle F—Other Matters 

2 SEC. 661. REPEAL OF REQUIREMENT THAT MEMBERS ENTI3 TLED TO BASIC ALLOWANCE FOR SUBSIST4 ENCE PAY SUBSISTENCE CHARGES WHILE 

5 HOSPITALIZED. 

6 (a) REPEAL.—(1) Section 1075 of title 10, United 

7 States Code, is repealed. 

8 (2) The table of sections at the beginning of chapter 

9 55 of such title is amended by striking the item relating 

10 to section 1075. 

11 (b) CONFORMING AMENDMENT REGARDING MILI12 TARY-CIVILIAN HEALTH SERVICES PARTNERSHIP PRO13 GRAM.—Section 1096(c) of such title is amended—

14 (1) by inserting ‘‘who is a dependent’’ after 

15 ‘‘covered beneficiary’’; and 

16 (2) by striking ‘‘shall pay’’ and all that follows 

17 through the period at the end of paragraph (2) and 

18 inserting ‘‘shall pay the charges prescribed by sec19 tion 1078 of this title.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on the date of the enactment 

22 of this Act. 
307

•HR 4200 PCS 

1 SEC. 662. CLARIFICATION OF EDUCATION LOANS QUALI2 FYING FOR EDUCATION LOAN REPAYMENT 

3 PROGRAM FOR RESERVE COMPONENT 

4 HEALTH PROFESSIONS OFFICERS. 

5 Section 16302(a)(5) of title 10, United States Code, 

6 is amended by inserting ‘‘a basic professional qualifying 

7 degree (as determined under regulations prescribed by the 

8 Secretary of Defense) or graduate education in’’ after ‘‘re9 garding’’. 

10 SEC. 663. SURVEY AND ANALYSIS OF EFFECT OF EXTENDED 

11 AND FREQUENT MOBILIZATION OF RESERV12 ISTS FOR ACTIVE DUTY SERVICE ON RESERV13 IST INCOME. 

14 (a) SURVEY OF MOBILIZED RESERVISTS TO DETER15 MINE DIFFERENTIAL BETWEEN PRIVATE SECTOR IN16 COME AND MILITARY COMPENSATION.—(1) The Secretary 

17 of Defense shall conduct a survey involving members of 

18 the reserve components who serve, or have served, on ac19 tive duty in support of a contingency operation at any time 

20 during the period beginning on September 11, 2001, and 

21 ending on September 30, 2005, to determine the extent 

22 to which such members sustained a reduction in monthly 

23 income during the period of the active duty service com24 pared to the average monthly civilian income of the mem25 bers during the 12 months preceding their mobilization. 
308

•HR 4200 PCS 

1 (2) At least 50 percent of the total number of mem2 bers of the reserve components who have served on active 

3 duty in support of a contingency operation at any time 

4 during the period specified in paragraph (1) shall be in5 cluded in the survey. 

6 (b) CALCULATION OF INCOME DIFFERENTIAL.—For 

7 each member surveyed under subsection (a) who reports 

8 that total monthly military compensation during the active 

9 duty service of the member was less, or appeared to be 

10 less, than the average monthly civilian income of the mem11 ber, the Secretary of Defense, in cooperation with the 

12 member, shall calculate the monthly active-duty income 

13 differential for the member. 

14 (c) DEFINITIONS USED IN CONDUCTING SURVEY

15 AND CALCULATIONS.—In this section: 

16 (1) The term ‘‘monthly active-duty income dif17 ferential’’, with respect to a member of a reserve 

18 component surveyed under subsection (a), means the 

19 difference between—

20 (A) the average monthly civilian income of 

21 the member; and 

22 (B) the total monthly military compensa23 tion of the member. 

24 (2) The term ‘‘average monthly civilian in25 come’’, with respect to a member of a reserve com-
309

•HR 4200 PCS 

1 ponent surveyed under subsection (a), means the 

2 amount, determined by the Secretary of Defense, of 

3 the earned income of the member for the 12 months 

4 preceding the first mobilization of the member dur5 ing the period specified in subsection (a)(1), divided 

6 by 12. 

7 (3) The term ‘‘total monthly military compensa8 tion’’, with respect to a member of a reserve compo9 nent surveyed under subsection (a), means the 

10 amount, computed on a monthly basis, of the sum 

11 of—

12 (A) the amount of the regular military 

13 compensation (RMC), as defined in section 

14 101(25) of title 37, United States Code, of the 

15 member during the period specified in sub16 section (a)(1); and 

17 (B) any amount of special pay or incentive 

18 pay and any allowance (other than an allowance 

19 included in regular military compensation) that 

20 is paid to the member on a monthly basis dur21 ing the period specified in subsection (a)(1). 

22 (d) COLLECTION OF DEMOGRAPHIC DATA.—The 

23 Secretary of Defense shall collect demographic data re24 garding each member of a reserve component surveyed 
310

•HR 4200 PCS 

1 under subsection (a), including, at a minimum, data on 

2 the following: 

3 (1) Reserve component. 

4 (2) Unit of assignment. 

5 (3) Grade. 

6 (4) Age. 

7 (5) Years of service. 

8 (6) Sex. 

9 (7) Marital status. 

10 (8) Number of dependents. 

11 (9) General category of private-sector employ12 ment, as determined by the Secretary, but to include 

13 an employment category to cover members who are 

14 self-employed. 

15 (10) Military occupational specialty, including 

16 specifying all surveyed members who are serving in 

17 a critical wartime specialty. 

18 (11) Length of service on active duty during 

19 the most recent mobilization. 

20 (12) Number of times mobilized since Sep21 tember 11, 2001. 

22 (e) EFFECT OF INCOME LOSS ON RETENTION.—The 

23 Secretary of Defense shall include in the survey a question 

24 to solicit information from each member of a reserve com25 ponent surveyed under subsection (a) regarding the likely 
311

•HR 4200 PCS 

1 effect of a reoccurring monthly active-duty income dif2 ferential for the member while serving on active duty on 

3 the decision of the member to remain in the reserve com4 ponent. 

5 (f) ANALYSIS OF SURVEY DATA.—(1) At a minimum, 

6 the Secretary of Defense shall determine, for each variable 

7 listed in paragraphs (2) through (12) of subsection (d), 

8 the number of members of the reserve components sur9 veyed under subsection (a) who sustained a monthly ac10 tive-duty income differential for any month during their 

11 active duty service and compare and contrast that number 

12 with the number of members who did not experience a 

13 monthly active-duty income differential. 

14 (2) The Secretary shall also determine the average 

15 amount of the active-duty income differential by reserve 

16 component for each variable within the characteristics list17 ed in paragraphs (2) through (12) of subsection (d). 

18 (g) SUBMISSION OF SURVEY RESULTS AND REC19 OMMENDATIONS.—Not later than January 31, 2006, the 

20 Secretary of Defense shall submit to Congress and the 

21 Comptroller General a report containing the results of the 

22 surveys conducted under subsection (a), including the re23 sults of the analysis of survey data required by subsection 

24 (e). The Secretary shall include such recommendations as 

25 the Secretary considers appropriate regarding alternatives 
312

•HR 4200 PCS 

1 for restoring income lost by members of the reserve com2 ponents who sustained a monthly active-duty income dif3 ferential during their active duty service. 

4 (h) COMPTROLLER GENERAL EVALUATION.—Not 

5 later than March 31, 2006, the Comptroller General shall 

6 submit to Congress an assessment of the findings and rec7 ommendations contained in the report of the Secretary of 

8 Defense submitted under subsection (g).

9 TITLE VII—HEALTH CARE 

10 PROVISIONS

11 Subtitle A—Enhanced Benefits for 

12 Reserves

13 SEC. 701. DEMONSTRATION PROJECT FOR TRICARE COV14 ERAGE FOR READY RESERVE MEMBERS. 

15 (a) DEMONSTRATION PROGRAM.—Section 1076b of 

16 title 10, United States Code, is amended to read as fol17 lows: 

18 ‘‘§ 1076b. TRICARE demonstration project: coverage 

19 for members of the Ready Reserve 

20 ‘‘(a) IN GENERAL.—(1) The Secretary of Defense 

21 shall conduct a demonstration project beginning in fiscal 

22 year 2005 to test whether TRICARE coverage for certain 

23 Ready Reserve members and their families enhances med24 ical readiness and retention of such members. 
313

•HR 4200 PCS 

1 ‘‘(2) Under the demonstration project required by 

2 paragraph (1), within the scope of the project, as estab3 lished by the Secretary, members of the Ready Reserve 

4 may be allowed to enroll for coverage under the TRICARE 

5 Standard option of the TRICARE program and receive 

6 benefits under such enrollment for any period that the 

7 member—

8 ‘‘(A) is not eligible for health care benefits 

9 under an employer-sponsored health benefits plan; 

10 and 

11 ‘‘(B) either—

12 ‘‘(i) is not on active duty; or 

13 ‘‘(ii) is on active duty but under a call or 

14 order to active duty for a period of 30 days or 

15 less. 

16 ‘‘(3) A member allowed to enroll in TRICARE Stand17 ard under the demonstration project may enroll for self18 only coverage or self and family coverage.

19 ‘‘(b) SCOPE OF COVERAGE .—A member and the de20 pendents of a member enrolled in TRICARE Standard 

21 under this section shall be entitled to the same benefits 

22 and shall pay the same charges as are provided under sec23 tion 1079 of this title. 

24 ‘‘(c) PREMIUMS.—(1) The Secretary of Defense shall 

25 charge premiums for coverage pursuant to enrollments 
314

•HR 4200 PCS 

1 under this section. The Secretary shall prescribe a pre2 mium for self only coverage and a premium for self and 

3 family coverage. 

4 ‘‘(2) The monthly amount of the premium in effect 

5 for a month for a type of coverage under this section shall 

6 be the amount equal to 28 percent of the total amount 

7 determined by the Secretary on an appropriate actuarial 

8 basis as being reasonable for the coverage. 

9 ‘‘(3) The premiums payable by a member under this 

10 subsection may be deducted and withheld from basic pay 

11 payable to the member under section 204 of title 37 or 

12 from compensation payable to the member under section 

13 206 of such title. The Secretary shall prescribe the re14 quirements and procedures applicable to the payment of 

15 premiums by members not entitled to such basic pay or 

16 compensation. 

17 ‘‘(4) Amounts collected as premiums under this sub18 section shall be credited to the appropriation available for 

19 the Defense Health Program Account under section 1100 

20 of this title, shall be merged with sums in such Account 

21 that are available for the fiscal year in which collected, 

22 and shall be available under subparagraph (B) of such sec23 tion for such fiscal year. 

24 ‘‘(d) CONDITIONS OF ELIGIBILITY.—(1) The Sec25 retary of Defense may establish other conditions of eligi-
315

•HR 4200 PCS 

1 bility, including requiring a member to submit any certifi2 cation that the Secretary considers appropriate to sub3 stantiate the member’s assertion that the member is not 

4 eligible for health care benefits under any other health 

5 benefits plan. 

6 ‘‘(2) In the case of any member who is self-employed 

7 and not eligible for coverage under any other employer8 sponsored health benefits plan, the member shall not be 

9 considered eligible to enroll under this section if the mem10 ber’s income in the prior calendar year exceeded $40,000. 

11 ‘‘(e) SCOPE AND TERMS OF DEMONSTRATION

12 PROJECT.—The geographic scope and priorities for enroll13 ment under the demonstration program, if any, shall be 

14 established by the Secretary of Defense. The Secretary 

15 may establish such other terms and conditions for the 

16 demonstration project required by subsection (a) as the 

17 Secretary determines appropriate to accomplish its pur18 poses. 

19 ‘‘(f) TERMINATION OF AUTHORITY.—An enrollment 

20 in TRICARE under this section may not continue after 

21 December 31, 2007. 

22 ‘‘(g) EVALUATION OF DEMONSTRATION AND REPORT

23 TO CONGRESS.—Not later than March 1, 2007, the Sec24 retary shall provide to Congress a report on the results 

25 of the demonstration project required by this section. Such 
316

•HR 4200 PCS 

1 report shall include an analysis of the impact of the dem2 onstration on medical readiness and retention of the mem3 bers who enrolled, an assessment of the costs and benefits 

4 of any improvements in medical readiness or retention, 

5 and recommendations concerning TRICARE Standard 

6 coverage for Ready Reserve members. 

7 ‘‘(h) DEFINITION.—In this section, the term 

8 ‘TRICARE Standard’ means the option of the TRICARE 

9 program that is also known as the Civilian Health and 

10 Medical Program of the Uniformed Services, as defined 

11 in section 1072(4) of this title.’’. 

12 (b) TERMINATION OF COVERAGE UNDER SUPER13 SEDED PROVISION OF LAW.—An enrollment in TRICARE 

14 under section 1076b of title 10, United States Code, as 

15 in effect before the date of the enactment of this Act may 

16 not continue after such date. 

17 (c) SITE IDENTIFICATION.—(1) Not later than 60 

18 days after the date of enactment of this Act, the Secretary 

19 of Defense, in consultation with the Committees on Armed 

20 Services of the Senate and the House of Representatives, 

21 shall identify not less than 10 sites that meet the criteria 

22 specified in paragraph (2) for the conduct of the dem23 onstration project required under section 1076b of title 

24 10, United States Code, as amended by this section. 
317

•HR 4200 PCS 

1 (2) For purposes of paragraph (1), the sites selected 

2 for the conduct of the demonstration project shall be areas 

3 of the United States that include a substantial number 

4 of personnel expected to be ordered to active duty for a 

5 period of more than 30 days. 

6 (d) INDEPENDENT EVALUATION AND REPORTS.—(1) 

7 The Comptroller General shall conduct an evaluation of 

8 the demonstration project required under section 1076b 

9 of title 10, United States Code (as amended by this sec10 tion) The evaluation shall include an assessment of the 

11 following: 

12 (A) Compliance by the Department of Defense 

13 with the requirements under section 1076b of title 

14 10, United States Code (as amended by this sec15 tion). 

16 (B) A description of the effects of the dem17 onstration project on medical readiness and reten18 tion of the participants compared to nonparticipants. 

19 (C) The number of Ready Reserve members 

20 and their dependents opting to participate in the 

21 demonstration project. 

22 (D) An analysis of how the demonstration 

23 project affects the overall accessibility of care in the 

24 direct and purchased care systems and a description 
318

•HR 4200 PCS 

1 of the unintended effects (if any) upon the normal 

2 treatment priority system. 

3 (E) A description of the difficulties (if any) ex4 perienced by the Department of Defense in man5 aging the demonstration project. 

6 (F) Any impact of the demonstration project on 

7 employers, including causing them to discontinue 

8 health care insurance benefits for employees who are 

9 members of the reserves. 

10 (G) A recommendation whether to extend the 

11 demonstration project or make the project perma12 nent. 

13 (H) A determination of whether the terms and 

14 conditions of the demonstration project should be 

15 continued or modified if the project is extended or 

16 expanded. 

17 (I) Implications on cost, medical readiness, re18 cruitment, and retention if the demonstration project 

19 was made available to all reservists meeting the en20 rollment criteria throughout the United States and 

21 its territories. 

22 (J) Any additional elements that the Comp23 troller General determines are appropriate to assess 

24 the demonstration project. 
319

•HR 4200 PCS 

1 (2) The Comptroller General shall submit to the 

2 Committees on Armed Services of the Senate and the 

3 House of Representatives—

4 (A) an interim report on the evaluation under 

5 this section not later than 12 months after the date 

6 on which the demonstration project begins operation; 

7 and 

8 (B) a final report on the evaluation under this 

9 section not later than March 1, 2007.

10 SEC. 702. COMPTROLLER GENERAL REPORT ON THE COST 

11 AND FEASIBILITY OF PROVIDING PRIVATE 

12 HEALTH INSURANCE STIPENDS FOR MEM13 BERS OF THE READY RESERVES. 

14 (a) STUDY REQUIRED.—The Comptroller General 

15 shall conduct a study on the cost and feasibility of pro16 viding a stipend to members of the Ready Reserves to off17 set the cost of continuing private health insurance cov18 erage for the member’s dependents when the member is 

19 on active duty for a period of more than 30 days, with 

20 the dependents being ineligible to enroll in the TRICARE 

21 program and payment of the stipend ending when the 

22 member is no longer on active duty. 

23 (b) MATTERS COVERED.—The study shall include the 

24 following matters: 
320

•HR 4200 PCS 

1 (1) Recommendation for a benefit amount and 

2 cost to the Department of Defense. 

3 (2) Potential effects on medical readiness, re4 cruitment, and retention. 

5 (3) The extent to which the Reserves and mem6 bers of their families might participate under the sti7 pend program. 

8 (4) Administrative and management consider9 ations for the Department of Defense. 

10 (5) Impact of pre-existing conditions on con11 tinuity of care for dependents. 

12 (6) Possible implications for employers. 

13 (c) REPORT.—Not later than March 31, 2005, the 

14 Comptroller General shall submit to the Committee on 

15 Armed Services of the Senate and the Committee on 

16 Armed Services of the House of Representatives a report 

17 containing the results of the study under this section.

18 SEC. 703. IMPROVEMENT OF MEDICAL SERVICES FOR ACTI19 VATED MEMBERS OF THE READY RESERVE 

20 AND THEIR FAMILIES.

21 (a) REQUIREMENT FOR TRICARE COVERAGE FOR

22 DEPENDENTS OF MEMBERS OF RESERVE COMPONENTS

23 CALLED TO ACTIVE DUTY.—Paragraph (1) of section 

24 1074(d) of title 10, United States Code, is amended—
321

•HR 4200 PCS 

1 (1) by inserting ‘‘a dependent of’’ after ‘‘chap2 ter,’’; 

3 (2) by inserting ‘‘a dependent of a member’’ 

4 after ‘‘treated as being’’; and 

5 (3) by striking ‘‘the later of’’ and all that fol6 lows through the period at the end of subparagraph 

7 (B) and inserting ‘‘the date described in paragraph 

8 (3).’’. 

9 (b) AUTHORITY FOR TRICARE COVERAGE FOR

10 MEMBERS OF RESERVE COMPONENTS CALLED TO AC11 TIVE DUTY.—Section 1074(d) of such title is further 

12 amended—

13 (1) by striking paragraph (3); 

14 (2) by redesignating paragraph (2) as para15 graph (4); and 

16 (3) by inserting after paragraph (1) the fol17 lowing new paragraphs: 

18 ‘‘(2) The Secretary of Defense may, beginning on the 

19 date described in paragraph (3), provide a member of a 

20 reserve component of the armed forces who is issued a 

21 delayed-effective-date active-duty order, or is covered by 

22 such an order, such medical and dental care (in addition 

23 to care for which the member is eligible under section 

24 1074a(f) of this title or other provisions of law) the Sec25 retary determines appropriate. 
322

•HR 4200 PCS 

1 ‘‘(3) The date referred to in paragraphs (1) and (2) 

2 with respect to a member is the later of the date that is—

3 ‘‘(A) the date of the issuance of the delayed-ef4 fective-date active-duty order; or 

5 ‘‘(B) 90 days before the date on which the pe6 riod of active duty is to commence under such order 

7 for that member.’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on January 1, 2005.

10 SEC. 704. MODIFICATION OF WAIVER OF CERTAIN 

11 DEDUCTIBLES UNDER TRICARE PROGRAM. 

12 Section 1095d(a) of title 10, United States Code, is 

13 amended in paragraphs (1) and (2) by striking ‘‘less than 

14 one year’’ each place it appears and inserting ‘‘more than 

15 30 days’’.

16 SEC. 705. AUTHORITY FOR PAYMENT BY UNITED STATES OF 

17 ADDITIONAL AMOUNTS BILLED BY HEALTH 

18 CARE PROVIDERS TO ACTIVATED RESERVE 

19 MEMBERS. 

20 Section 1079(h) of title 10, United States Code, is 

21 amended by adding at the end of paragraph (4) the fol22 lowing new subparagraph: 

23 ‘‘(C) In the case of services billed to a dependent re24 ferred to in subsection (a) of a member of a reserve com25 ponent who is ordered to active duty for a period of more 
323

•HR 4200 PCS 

1 than 30 days in support of a contingency operation under 

2 a provision of law referred to in section 101(a)(13)(B) of 

3 this title, the regulations shall provide that, in addition 

4 to amounts otherwise payable by the United States, the 

5 Secretary may pay the amount referred to in subpara6 graph (B)(i) for the services.’’.

7 SEC. 706. EXTENSION OF TRANSITIONAL HEALTH CARE 

8 BENEFITS AFTER SEPARATION FROM ACTIVE 

9 DUTY. 

10 (a) EXTENSION OF TRANSITIONAL HEALTH CARE

11 BENEFITS.—Paragraph (3) of section 1145(a) of title 10, 

12 United States Code, is amended to read as follows: 

13 ‘‘(3) Transitional health care shall be available under 

14 this subsection for a period beginning on the date on 

15 which the member is separated from active duty and end16 ing on the earlier of—

17 ‘‘(A) 180 days after the date on which the 

18 member is separated from active duty; or 

19 ‘‘(B) the date on which the member and de20 pendents of the member are covered by a health plan 

21 sponsored by an employer.’’. 

22 (b) LIMITATION.—During the period beginning on 

23 January 1, 2005, and ending on September 30, 2005, not 

24 more than $170,000,000 of the amount appropriated pur25 suant to the authorization for operations and maintenance 
324

•HR 4200 PCS 

1 for the Defense Health Program in section 303(a) may 

2 be used for transitional health care under section 1145(a) 

3 of title 10, United States Code, as amended by this sec4 tion. 

5 (c) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall apply with respect to separations from 

7 active duty that take effect on or after January 1, 2005. 

8 Subtitle B—Other Benefits 

9 Improvements 

10 SEC. 711. COVERAGE OF CERTAIN YOUNG CHILDREN 

11 UNDER TRICARE DENTAL PROGRAM. 

12 (a) COVERAGE OF CERTAIN YOUNG CHILDREN.—

13 Section 1076a(k)(2) of title 10, United States Code, is 

14 amended by inserting after ‘‘by reason of’’ the following: 

15 ‘‘the dependent’s young age on the date of death of the 

16 member of’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) shall take effect on the date of the enact19 ment of this Act.

20 SEC. 712. COMPTROLLER GENERAL REPORT ON PROVISION 

21 OF HEALTH AND SUPPORT SERVICES FOR EX22 CEPTIONAL FAMILY MEMBER PROGRAM EN23 ROLLEES. 

24 (a) EVALUATION REQUIREMENT.—The Comptroller 

25 General shall evaluate the effect of the Exceptional Family 
325

•HR 4200 PCS 

1 Member Program (in this section referred to as ‘‘EFMP’’) 

2 on health and support services in selected civilian commu3 nities near military installations with a high concentration 

4 of EFMP enrollees. 

5 (b) MATTERS COVERED.—The evaluation under sub6 section (a) shall include a discussion of the following: 

7 (1) Communities that have high concentrations 

8 of EFMP enrollees that use State and local health 

9 and support services. 

10 (2) Needs of EFMP enrollees, if any, that are 

11 not met by State and local health and support serv12 ices. 

13 (3) The burdens, financial and otherwise, 

14 placed on State and local health and support serv15 ices by EFMP enrollees and their families. 

16 (4) The ability of the TRICARE program to 

17 meet the needs of EFMP enrollees and their fami18 lies. 

19 (5) Reasons for any limitations of the 

20 TRICARE program, the EFMP, and State and local 

21 health and support services in providing assistance 

22 to EFMP enrollees and their families. 

23 (6) Recommendations for more effectively meet24 ing the needs of EFMP enrollees and their families. 
326

•HR 4200 PCS 

1 (c) COMMUNITIES COVERED.—The evaluation under 

2 subsection (a) shall examine no fewer than four civilian 

3 communities, as determined by the Comptroller General, 

4 that have high concentrations of EFMP enrollees and that 

5 are near several military installations, including at least 

6 two military installations with tenants from more than one 

7 of the Armed Forces. 

8 (d) DEFINITIONS.—In this section: 

9 (1) The term ‘‘health and support services’’ 

10 means services provided to children and other de11 pendents with special needs, including specialized 

12 day care, mental health day treatment services, res13 pite services, counseling, and other such services 

14 provided for children and other dependents with spe15 cial needs. 

16 (2) The term ‘‘TRICARE program’’ has the 

17 meaning given that term in section 1072(7) of title 

18 10, United States Code. 

19 (e) REPORT.—Not later than March 31, 2005, the 

20 Comptroller General shall submit to the Armed Services 

21 Committees of the Senate and the House of Representa22 tives a report on the results of the evaluation required 

23 under subsection (a), with findings and recommendations. 
327

•HR 4200 PCS 

1 SEC. 713. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME 

2 REMOTE. 

3 Section 1079(p) of title 10, United States Code, is 

4 amended—

5 (1) by redesignating paragraph (4) as para6 graph (5); and 

7 (2) by inserting after paragraph (3) the fol8 lowing new paragraph: 

9 ‘‘(4) The Secretary of Defense may provide for cov10 erage of a dependent referred to in subsection (a) who is 

11 not described in paragraph (3) if the Secretary determines 

12 that exceptional circumstances warrant such coverage.’’.

13 SEC. 714. TRANSITION TO HOME HEALTH CARE BENEFIT 

14 UNDER SUB-ACUTE CARE PROGRAM. 

15 Section 1074j of title 10, United States Code, is 

16 amended in subsection (b)(3)—

17 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(B) The Secretary of Defense shall establish proce20 dures for the transition to and implementation of the 

21 home health care benefit required by subparagraph (A). 

22 The Secretary may provide in such procedures that cov23 ered beneficiaries who, before the implementation of such 

24 benefit, received home health care under this chapter in 

25 excess of such benefit, may continue to receive such care 

26 for such time as the Secretary considers appropriate.’’.
328

•HR 4200 PCS 

1 SEC. 715. REQUIREMENT RELATING TO PRESCRIPTION 

2 DRUG BENEFITS FOR MEDICARE-ELIGIBLE 

3 ENROLLEES UNDER DEFENSE HEALTH CARE 

4 PLANS. 

5 Section 1074g(a)(6) of title 10, United States Code, 

6 is amended—

7 (1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(B) For a medicare-eligible beneficiary, the 

10 cost-sharing requirements may not be in excess of 

11 the cost-sharing requirements applicable to all other 

12 beneficiaries covered by section 1086 of this title. 

13 For purposes of the preceding sentence, a medicare14 eligible beneficiary is a beneficiary eligible for health 

15 benefits under section 1086 of this title pursuant to 

16 subsection (d)(2) of such section.’’.

17 SEC. 716. PROFESSIONAL ACCREDITATION OF MILITARY 

18 DENTISTS. 

19 Section 1077(c) of title 10, United States Code, is 

20 amended—

21 (1) by striking ‘‘A’’ and inserting ‘‘(1) Except 

22 as provided in paragraph (2), a’’; and 

23 (2) by adding at the end the following new 

24 paragraph: 

25 ‘‘(2)(A) Dependents who have not attained age 13 

26 and who are participating under a dental plan established 
329

•HR 4200 PCS 

1 under section 1076a of this title may be treated by post2 graduate dental students in eligible dental treatment fa3 cilities if—

4 ‘‘(i)(I) treatment of pediatric dental patients is 

5 required to comply with American Dental Associa6 tion accreditation standards; or 

7 ‘‘(II) pediatric dental training is required to en8 able post-graduate dental students to provide dental 

9 care for such dependents outside the United States; 

10 and 

11 ‘‘(ii) there are insufficient numbers of children 

12 eligible to be provided dental care under section 

13 1076(a) of this title to meet such standards or train14 ing requirements. 

15 ‘‘(B) The total number of dependents who may be 

16 treated under this paragraph may not exceed 2,000 in any 

17 fiscal year. 

18 ‘‘(C) In this paragraph, an eligible dental treatment 

19 facility is a dental treatment facility with a post-graduate 

20 dental education program accredited by the American 

21 Dental Association.’’.
330

•HR 4200 PCS 

1 SEC. 717. ADDITION OF CERTAIN UNREMARRIED FORMER 

2 SPOUSES TO PERSONS ELIGIBLE FOR DEN3 TAL INSURANCE PLAN OF RETIREES OF THE 

4 UNIFORMED SERVICES. 

5 (a) ELIGIBILITY OF CERTAIN FORMER SPOUSES FOR

6 DENTAL COVERAGE.—(1) Section 1076c(b) of title 10, 

7 United States Code, is amended by adding at the end the 

8 following new paragraph: 

9 ‘‘(6) A person who—

10 ‘‘(i) is an unremarried former spouse of a 

11 member described in paragraph (1) or (2); 

12 ‘‘(i) is described in section 1072(2)(F)(i) 

13 of this title; and 

14 ‘‘(ii) does not have dental coverage under 

15 an employer-sponsored health plan.’’. 

16 (b) EFFECTIVE DATE.—Section 1076c(b)(6) of title 

17 10, United States Code, as added by subsection (a), shall 

18 take effect on the date of the enactment of this Act. 

19 SEC. 718. WAIVER OF COLLECTION OF PAYMENTS DUE 

20 FROM CERTAIN PERSONS UNAWARE OF LOSS 

21 OF CHAMPUS ELIGIBILITY. 

22 (a) AUTHORITY TO WAIVE COLLECTION.—The Sec23 retary of Defense may waive (in whole or in part) the col24 lection of payments otherwise due from a person described 

25 in subsection (b) as a result of the receipt by the person 

26 of health benefits under section 1086 of title 10, United 
331

•HR 4200 PCS 

1 States Code, after the termination of the person’s eligi2 bility for such benefits and may also authorize continued 

3 coverage of benefits under section 1086 of such title for 

4 such person for the period described in subsection (c). 

5 (b) PERSONS ELIGIBLE.—A person shall be eligible 

6 for relief under subsection (a) if the person—

7 (1) is a person described in paragraph (1) of 

8 subsection (d) of section 1086, of title 10, United 

9 States Code; 

10 (2) in the absence of such paragraph, would 

11 have been eligible for health benefits under such sec12 tion; 

13 (3) at the time of the receipt of such benefits, 

14 satisfies the criteria specified in subparagraph (B) of 

15 paragraph (2) of such subsection; and 

16 (4) was unaware of the loss of eligibility to re17 ceive health benefits at the time they were received. 

18 (c) EXTENT OF AUTHORITY.—The authority to waive 

19 the collection of payments and to continue coverage of 

20 benefits under this section shall apply during the period 

21 beginning on July 1, 1999, and ending on December 31, 

22 2004, under terms established by the Secretary of De23 fense. 

24 (d) QUARTERLY REPORTS.—(1) The Secretary of 

25 Defense shall provide quarterly reports to the Committees 
332

•HR 4200 PCS 

1 on Armed Services of the Senate and House of Represent2 atives regarding—

3 (A) efforts by the Department of Defense to 

4 identify persons who satisfy the criteria specified in 

5 subparagraph (B) of subsection (d)(2) of section 

6 1086 of title 10, United States Code, and would be 

7 eligible for health benefits under such section if the 

8 criteria specified in subparagrpah (A) were also sat9 isfied; and 

10 (B) actions taken by the Department with re11 spect to persons identified under subparagraph (B) 

12 of this paragraph. 

13 (2) The first report under paragraph (1) shall be sub14 mitted not later than 30 days after the end of the first 

15 quarter of fiscal year 2005.

16 Subtitle C—Planning, 

17 Programming, and Management

18 SEC. 721. PILOT PROGRAM FOR TRANSFORMATION OF 

19 HEALTH CARE DELIVERY. 

20 (a) FINDINGS.—(1) Congress finds the following: 

21 (A) Historically, providing military health care 

22 to military beneficiaries has centered on building a 

23 military medical treatment facility and providing a 

24 full range of services on a military installation. 
333

•HR 4200 PCS 

1 (B) Traditionally, in many locations the major2 ity of military personnel and their dependents who 

3 are eligible beneficiaries of the military health care 

4 system do not live on military installations. 

5 (C) As the cost of repairing, replacing, recapi6 talizing, or expanding aging military treatment fa7 cilities and maintaining adequate health care serv8 ices on military installations increases, the Depart9 ment of Defense will be challenged to find new, more 

10 cost-effective ways of providing enhanced health care 

11 for military and civilian beneficiaries of the Depart12 ment of Defense health care system. 

13 (2) In view of these findings, the Secretary of De14 fense is directed to examine feasible and cost-effective 

15 methods for leveraging and expanding non-military health 

16 care resources to provide health care to military bene17 ficiaries. Furthermore, the Secretary of Defense shall con18 duct a pilot program in accordance with this section. 

19 (b) PILOT PROGRAM PURPOSES.—The Secretary of 

20 Defense shall conduct a pilot program at one or more mili21 tary installations for purposes of testing—

22 (1) the feasibility and cost effectiveness of ex23 panding use of non-military health care resources, 

24 particularly in cases in which such use would reduce 
334

•HR 4200 PCS 

1 or eliminate the need for military medical construc2 tion projects; 

3 (2) initiatives that build cooperative health care 

4 arrangements and agreements between military in5 stallations and local and regional non-military health 

6 care systems; and 

7 (3) development of an integrated, long range 

8 business plan for the delivery of health care services 

9 for military beneficiaries, incorporating present and 

10 potential future capabilities in the non-military 

11 health care sector. 

12 (c) REQUIREMENTS OF PILOT PROGRAM.—In con13 ducting the pilot program, the Secretary of Defense 

14 shall—

15 (1) identify and analyze health care delivery op16 tions that range from outsourcing all health care de17 livery services to the private sector to providing some 

18 health care services in military facilities located on 

19 the installation; 

20 (2) determine the cost avoidance or savings re21 sulting from innovative partnerships between the 

22 Department of Defense and the private sector and 

23 limiting recapitalization costs in military facilities; 

24 (3) study the potential, viability, cost efficiency, 

25 and health care effectiveness of Department of De-
335

•HR 4200 PCS 

1 fense health care providers delivering health care in 

2 civilian community hospitals; 

3 (4) determine the opportunities for and barriers 

4 to coordinating and leveraging the use of existing 

5 health care resources, including Federal, State, local, 

6 and contractor assets; and 

7 (5) develop recommendations for a model health 

8 care delivery system that may be used at other mili9 tary installations. 

10 (d) CONSULTATION REQUIREMENTS.—The Secretary 

11 of Defense shall develop the pilot program in consultation 

12 with the Secretaries of the military departments, rep13 resentatives from the military installation selected for the 

14 pilot program, Federal, State, and local entities, and the 

15 TRICARE managed care support contractor with respon16 sibility for that installation. 

17 (e) SELECTION OF MILITARY INSTALLATION.—The 

18 pilot program shall be implemented at one or more mili19 tary installations selected by the Secretary of Defense. At 

20 least one of the selected military installations shall meet 

21 the following criteria: 

22 (1) The military installation is an Army instal23 lation located in a rural area. 

24 (2) The military installation has members of 

25 the Armed Forces on active duty and members of re-
336

•HR 4200 PCS 

1 serve components of the Armed Forces that use the 

2 installation as a training and operational base, with 

3 members routinely deploying in support of the global 

4 war on terrorism. 

5 (3) The number of members of the Armed 

6 Forces on active duty permanently assigned to the 

7 military installation is expected to increase over the 

8 next five years. 

9 (4) One or more partnerships exist at the mili10 tary installation with civilian health care entities in 

11 the form of limited specialty care services in the 

12 military medical treatment facility on the installa13 tion. 

14 (5) There is a military treatment facility on the 

15 installation that does not have inpatient or trauma 

16 center care capabilities. 

17 (6) There is a civilian community hospital with18 in 15 miles of the military installation with limited 

19 capability to expand inpatient care beds, intensive 

20 care, and specialty services. 

21 (7) There is no civilian hospital with a trauma 

22 center within 50 miles from the military installation. 

23 (f) DURATION OF PILOT PROGRAM.—Implementation 

24 of the pilot program developed under this subsection shall 
337

•HR 4200 PCS 

1 begin not later than May 1, 2005, and shall be conducted 

2 during fiscal years 2005, 2006, and 2007. 

3 (g) FUNDS.—For fiscal year 2005, not more than 

4 $5,000,000 of the amount appropriated pursuant to the 

5 authorization for operations and maintenance for the De6 fense Health Program in section 303(a) may be used to 

7 conduct the pilot program under this section. 

8 (h) REPORTS.—Not later than July 1, 2005, the Sec9 retary of Defense shall submit an interim report to the 

10 Committees on Armed Services of the Senate and of the 

11 House of Representatives describing the details of the 

12 pilot program. Not later than July 1, 2007, the Secretary 

13 of Defense shall submit to such committees a final report 

14 describing the results of the pilot program with rec15 ommendations for a model health care delivery system for 

16 other military installations. 

17 SEC. 722. STUDY OF PROVISION OF TRAVEL REIMBURSE18 MENT TO HOSPITALS FOR CERTAIN MILI19 TARY DISABILITY RETIREES. 

20 (a) STUDY.—The Secretary of Defense shall conduct 

21 a study of the feasibility, and of the desirability, of pro22 viding that a member of the uniformed services retired 

23 under chapter 61 of title 10, United States Code, for a 

24 combat-related disability (as defined in section 1413a(e) 

25 of that title) shall be provided reimbursement for the trav-
338

•HR 4200 PCS 

1 el expenses of such member for travel, during the two2 year period beginning on the date of the retirement of the 

3 member, to a military treatment facility for medical care. 

4 The Secretary shall include in that study consideration of 

5 whether reimbursement under such a plan should, as near6 ly as practicable, be under the same terms and conditions, 

7 and at the same rate, as apply to beneficiary travel reim8 bursement provided by the Secretary of Veterans Affairs 

9 under section 111 of title 38, United States Code. 

10 (b) REPORT.—The Secretary of Defense shall submit 

11 to the congressional defense committees a report providing 

12 the results of the study under subsection (a). Such report 

13 shall be submitted not later than March 1, 2005.

14 SEC. 723. STUDY OF MENTAL HEALTH SERVICES. 

15 (a) STUDY REQUIRED.—The Secretary of Defense 

16 shall conduct a study of mental health services available 

17 to members of the Armed Forces. 

18 (b) PERSONS COVERED.—The study shall evaluate 

19 the availability and effectiveness of existing mental health 

20 treatment and screening resources—

21 (1) for members of the Armed Forces during a 

22 deployment to a combat theater; 

23 (2) for members of the Armed Forces returning 

24 from a deployment to a combat theater, both—
339

•HR 4200 PCS 

1 (A) in the short-term, post-deployment pe2 riod; and 

3 (B) in the long-term, following the post-de4 ployment period; 

5 (3) for the families of members of the Armed 

6 Forces who have been deployed to a combat theater 

7 during the time of the deployment; 

8 (4) for the families of members of the Armed 

9 Forces who have been deployed to a combat theater 

10 after the member has returned from the deployment; 

11 and 

12 (5) for members of the Armed Forces and their 

13 families described in this subsection who are mem14 bers of Reserve components. 

15 (c) ASSESSMENT OF OBSTACLES.—The study shall 

16 provide an assessment of existing obstacles that prevent 

17 members of the Armed Forces and military families in 

18 need of mental health services from obtaining these serv19 ices, including— 

20 (1) the extent to which existing confidentiality 

21 regulations, or lack thereof, inhibit members of the 

22 Armed Forces from seeking mental health treat23 ment; 

24 (2) the implications that a decision to seek 

25 mental health services can have on a military career; 
340

•HR 4200 PCS 

1 (3) the extent to which a social stigma exists 

2 within the Armed Forces that prevents members of 

3 the Armed Forces and military families from seeking 

4 mental health treatment within the Department of 

5 Defense and the individual Armed Forces; 

6 (4) the extent to which logistical obstacles, par7 ticularly with respect to members of the Armed 

8 Forces and families residing in rural areas, deter 

9 members in need of mental health services from ob10 taining them; and 

11 (5) the extent to which members of the Armed 

12 Forces and their families are prevented or hampered 

13 from obtaining mental health treatment due to the 

14 cost of such services. 

15 (d) IDENTIFICATION OF PROBLEMS UNIQUE TO RE16 SERVES.—The study shall identify potential problems in 

17 obtaining mental health treatment that are unique to 

18 members of Reserve components. 

19 (e) REPORT.—The Secretary of Defense shall submit 

20 to Congress a report on the study conducted under this 

21 section not later than 90 days after the date of the enact22 ment of this Act. The report shall contain the results of 

23 the study and make specific recommendations—

24 (1) for improving the effectiveness and accessi25 bility of mental health services provided by Depart-
341

•HR 4200 PCS 

1 ment of Defense to the persons listed in subsection 

2 (b), including recommendations to ensure appro3 priate referrals and a seamless transition to the care 

4 of the Department of Veterans Affairs following sep5 aration from the Armed Forces; 

6 (2) for removing or mitigating any obstacles 

7 identified under subsection (c); and 

8 (3) for steps that can be taken by the Depart9 ment of Defense or Congress to bring parity to men10 tal health services available to members of Reserve 

11 components and members of the Armed Forces on 

12 active duty.

13 TITLE VIII—ACQUISITION POL14 ICY, ACQUISITION MANAGE15 MENT, AND RELATED MAT16 TERS

17 Subtitle A—Amendments to Gen18 eral Contracting Authorities, 

19 Procedures, and Limitations 

20 SEC. 801. RAPID ACQUISITION AUTHORITY TO RESPOND TO 

21 COMBAT EMERGENCIES. 

22 (a) IN GENERAL.—Chapter 141 of title 10, United 

23 States Code, is amended by adding at the end the fol24 lowing new section:
342

•HR 4200 PCS 

1 ‘‘§ 2410p. Rapid acquisition authority to respond to 

2 combat emergencies 

3 ‘‘(a) RAPID ACQUISITION AUTHORITY.—The Sec4 retary of Defense may rapidly acquire, in accordance with 

5 this section, equipment needed by a combatant com6 mander to eliminate a combat capability deficiency that 

7 has resulted in combat fatalities. 

8 ‘‘(b) PROCESS FOR RAPID ACQUISITION.—Not later 

9 than 30 days after the date of the enactment of this sec10 tion, the Secretary of Defense shall develop a process for 

11 the rapid acquisition authority provided by subsection (a) 

12 and submit to Congress a detailed explanation of the proc13 ess, including procedures to be followed in carrying out 

14 the process. The process shall provide for the following: 

15 ‘‘(1) A requirement that the process may be 

16 used only to acquire the minimum amount of equip17 ment needed until the needs of the combatant com18 mander can be fulfilled under existing acquisition 

19 statutes, policies, directives, and regulations. 

20 ‘‘(2) A goal of awarding a contract for the 

21 equipment within 15 days after receipt of a request 

22 from a commander. 

23 ‘‘(3) In a case in which the equipment cannot 

24 be acquired without an extensive delay, a require25 ment for an interim solution to minimize the combat 
343

•HR 4200 PCS 

1 capability deficiency and combat fatalities until the 

2 equipment can be acquired. 

3 ‘‘(4) Waiver of the applicability of all policies, 

4 directives, and regulations related to—

5 ‘‘(A) the establishment of the requirement 

6 for the equipment; 

7 ‘‘(B) the research, development, test, and 

8 evaluation of the equipment; and 

9 ‘‘(C) the solicitation and selection of 

10 sources, and the award of the contract, for pro11 curement of the equipment. 

12 ‘‘(5) Such other procedures or requirements as 

13 the Secretary considers appropriate. 

14 ‘‘(c) WAIVER OF CERTAIN STATUTES.—For purposes 

15 of exercising the authority provided by subsection (a) with 

16 respect to equipment, laws relating to the following shall 

17 not apply: 

18 ‘‘(A) The establishment of the requirement for 

19 the equipment. 

20 ‘‘(B) The research, development, test, and eval21 uation of the equipment. 

22 ‘‘(C) The solicitation and selection of sources, 

23 and the award of the contract, for procurement of 

24 the equipment. 
344

•HR 4200 PCS 

1 ‘‘(d) LIMITATIONS.—The rapid acquisition authority 

2 provided by subsection (a) may be used only—

3 ‘‘(1) after the Secretary of Defense, without 

4 delegation, determines in writing that there exists a 

5 combat capability deficiency that has resulted in 

6 combat fatalities; and 

7 ‘‘(2) to acquire equipment in an amount aggre8 gating not more than $100,000,000 during a fiscal 

9 year. 

10 ‘‘(e) SOURCE OF FUNDS.—For acquisitions under 

11 this section to be made during any fiscal year, the Sec12 retary may use any funds made available to the Depart13 ment of Defense for that fiscal year. 

14 ‘‘(f) NOTIFICATION TO CONGRESS AFTER EACH USE

15 OF AUTHORITY.—The Secretary of Defense shall notify 

16 the congressional defense committees within 15 days after 

17 each use of the authority provided by subsection (a). Each 

18 such notice shall identify the equipment to be acquired, 

19 the amount to be expended for such acquisition, and the 

20 source of funds for such acquisition. 

21 ‘‘(g) COMBATANT COMMANDER.—In this section, the 

22 term ‘combatant commander’ means the commander of a 

23 unified combatant command with authority for the con24 duct of operations in a specific area of responsibility or 
345

•HR 4200 PCS 

1 who otherwise has authority to conduct operations at the 

2 direction of the President or Secretary of Defense.’’.

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:

‘‘2410p. Rapid acquisition authority to respond to combat emergencies.’’.

6 SEC. 802. DEFENSE ACQUISITION WORKFORCE CHANGES. 

7 (a) SELECTION CRITERIA AND PROCEDURES.—Sec8 tion 1732(b)(1)(A) of title 10, United States Code, is 

9 amended by striking ‘‘within grade GS–13 or above of the 

10 General Schedule’’ and inserting ‘‘in any position des11 ignated by the Secretary of Defense’’. 

12 (b) CRITICAL ACQUISITION POSITIONS.—Section 

13 1733 of such title is amended by striking subsection (b) 

14 and inserting the following: 

15 ‘‘(b) DESIGNATION OF CRITICAL ACQUISITION.—(1) 

16 The Secretary of Defense shall designate the acquisition 

17 positions in the Department of Defense that are critical 

18 acquisition positions. Such positions shall include the fol19 lowing: 

20 ‘‘(A) Program executive officer. 

21 ‘‘(B) Program manager of a major defense ac22 quisition program (as defined in section 2430 of this 

23 title) or of a significant nonmajor defense acquisition 

24 program (as defined in section 1737(a)(3) of this 

25 title). 
346

•HR 4200 PCS 

1 ‘‘(C) Deputy program manager of a major de2 fense acquisition program. 

3 ‘‘(D) Any other acquisition position of signifi4 cant responsibility determined by the Secretary to be 

5 critical. 

6 ‘‘(2) The Secretary shall annually publish a list of 

7 the positions designated under this subsection.’’. 

8 (c) SCHOLARSHIP PROGRAMS.—Section 1742 of such 

9 title is amended—

10 (1) by inserting ‘‘(a) PROGRAMS.—’’ at the be11 ginning of the text; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(b) SCHOLARSHIP PROGRAM REQUIREMENTS.—

15 With respect to any scholarship program conducted under 

16 this section, the Secretary of Defense and the participant 

17 shall agree in writing to the terms of the scholarship. The 

18 agreement shall include the obligations of the Secretary 

19 and the participant, as well as actions available for either 

20 party to take if there is a failure to meet the obligations 

21 under the agreement.’’.

22 SEC. 803. LIMITATION ON TASK AND DELIVERY ORDER 

23 CONTRACTS. 

24 Subsection 2304a(f) of title 10, United States Code, 

25 is amended to read as follows: 
347

•HR 4200 PCS 

1 ‘‘(f) CONTRACT PERIOD.—The head of an agency en2 tering into a task or delivery order contract under this 

3 section may provide for the contract to cover any base pe4 riod up to five years and may extend the contract period 

5 for one or more successive periods pursuant to an option 

6 provided in the contract or a modification to the con7 tract.’’.

8 SEC. 804. FUNDING FOR CONTRACT CEILINGS FOR CER9 TAIN MULTIYEAR PROCUREMENT CON10 TRACTS. 

11 (a) MULTIYEAR CONTRACTS RELATING TO PROP12 ERTY.—Section 2306b(g) of title 10, United States Code, 

13 is amended—

14 (1) by inserting ‘‘(1)’’ before ‘‘Before any’’; 

15 (2) by striking ‘‘Committee’’ through ‘‘House of 

16 Representatives’’ and inserting ‘‘congressional de17 fense committees’’; and 

18 (3) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) In the case of a contract described in subsection 

21 (a) with a cancellation ceiling described in paragraph (1), 

22 if the budget for the contract does not include proposed 

23 funding for the costs of contract cancellation up to the 

24 cancellation ceiling established in the contract, the head 

25 of the agency concerned shall, as part of the certification 
348

•HR 4200 PCS 

1 required by subsection (i)(1)(A), give written notification 

2 to the congressional defense committees of—

3 ‘‘(A) the cancellation ceiling amounts planned 

4 for each program year in the proposed multiyear 

5 procurement contract, together with the reasons for 

6 the amounts planned; 

7 ‘‘(B) the extent to which costs of contract can8 cellation are not included in the budget for the con9 tract; and 

10 ‘‘(C) a financial risk assessment of not includ11 ing budgeting for costs of contract cancellation, in12 cluding proposed funding sources to meet such can13 cellation costs if the contract is canceled.’’. 

14 (b) MULTIYEAR CONTRACTS RELATING TO SERV15 ICES.—Section 2306c(d) of title 10, United States Code, 

16 is amended—

17 (1) in paragraphs (1), (3), and (4), by striking 

18 ‘‘committees of Congress named in paragraph (5)’’ 

19 and inserting ‘‘congressional defense committees’’ 

20 each place it appears; and 

21 (2) by amending paragraph (5) to read as fol22 lows: 

23 ‘‘(5) In the case of a contract described in subsection 

24 (a) with a cancellation ceiling described in paragraph (4), 

25 if the budget for the contract does not include proposed 
349

•HR 4200 PCS 

1 funding for the costs of contract cancellation up to the 

2 cancellation ceiling established in the contract, the head 

3 of the agency concerned shall give written notification to 

4 the congressional defense committees of—

5 ‘‘(A) the cancellation ceiling amounts planned 

6 for each program year in the proposed multiyear 

7 procurement contract, together with the reasons for 

8 the amounts planned; 

9 ‘‘(B) the extent to which costs of contract can10 cellation are not included in the budget for the con11 tract; and 

12 ‘‘(C) a financial risk assessment of not includ13 ing budgeting for costs of contract cancellation, in14 cluding proposed funding sources to meet such can15 cellation costs if the contract is canceled.’’

16 SEC. 805. INCREASED THRESHOLD FOR REQUIRING CON17 TRACTORS TO PROVIDE SPECIFIED EM18 PLOYEE INFORMATION TO COOPERATIVE 

19 AGREEMENT HOLDERS. 

20 Section 2416(d) of title 10, United States Code, is 

21 amended by striking ‘‘$500,000’’ and inserting 

22 ‘‘$1,000,000’’.
350

•HR 4200 PCS 

1 SEC. 806. EXTENSION OF AUTHORITY FOR USE OF SIM2 PLIFIED ACQUISITION PROCEDURES. 

3 Section 4202(e) of the Clinger-Cohen Act (division D 

4 of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 

5 note) is amended by striking ‘‘January 1, 2006’’ and in6 serting ‘‘October 1, 2009’’.

7 SEC. 807. AUTHORITY TO ADJUST ACQUISITION-RELATED 

8 DOLLAR THRESHOLDS FOR INFLATION. 

9 (a) INFLATION ADJUSTMENT AUTHORITY.—The 

10 FAR Council and the heads of executive agencies may ad11 just the dollar thresholds in procurement laws in order to 

12 maintain the constant dollar value of the threshold, taking 

13 into account the effect of inflation on the threshold. 

14 (b) LIMITATION ON EXERCISE OF AUTHORITY.—Ad15 justments of dollar thresholds under subsection (a) may 

16 be carried out—

17 (1) by the FAR Council only with respect to 

18 procurement laws that apply to executive agencies 

19 generally; and 

20 (2) by the head of an executive agency only 

21 with respect to procurement laws that apply to that 

22 agency exclusively. 

23 (c) ADDITIONAL REQUIREMENTS.—In adjusting a 

24 threshold under subsection (a), the FAR Council and the 

25 head of an agency shall—
351

•HR 4200 PCS 

1 (2) consult with the Director of the Office of 

2 Management and Budget; 

3 (3) round the threshold, to facilitate implemen4 tation; and 

5 (4) publish the adjusted threshold in the Fed6 eral Register. 

7 (d) EXCLUSIONS.—This section does not apply to—

8 (1) dollar thresholds in sections 3141 through 

9 3144, 3146, and 3147 of title 40, United States 

10 Code; 

11 (2) dollar thresholds in the Service Contract 

12 Act of 1965 (41 U.S.C. 351, et seq.); or 

13 (3) dollar thresholds established by the United 

14 States Trade Representative pursuant to title III of 

15 the Trade Agreements Act of 1979 (19 U.S.C. 2511 

16 et seq.). 

17 (e) DEFINITIONS.—In this section: 

18 (1) The term ‘‘procurement law’’ means any 

19 provision of law that sets forth policies, procedures, 

20 requirements, or restrictions for the procurement of 

21 property or services by the Federal Government. 

22 (2) The terms ‘‘executive agency’’ and ‘‘pro23 curement’’ have the meanings provided by section 

24 4(1) of the Office of Federal Procurement Policy 

25 Act (41 U.S.C. 403(1)) 
352

•HR 4200 PCS 

1 (3) The term ‘‘FAR Council’’ means the Fed2 eral Acquisition Regulatory Council established 

3 under section 25 of the Office of Federal Procure4 ment Policy Act (41 U.S.C. 421)). 

5 Subtitle B—United States Defense 

6 Industrial Base Provisions 

7 SEC. 811. DEFENSE TRADE RECIPROCITY. 

8 (a) IN GENERAL.—Chapter 148 of title 10, United 

9 States Code, is amended by inserting after section 2532 

10 the following new section:

11 ‘‘§ 2532a. Defense trade reciprocity 

12 ‘‘(a) POLICY.—(1) It is the policy of Congress that 

13 procurement regulations used in the conduct of trade in 

14 defense articles and defense services shall be based on the 

15 principle of fair trade and reciprocity consistent with 

16 United States national security, including the need to en17 sure comprehensive manufacturing capability in the 

18 United States defense industrial base for military system 

19 essential items. 

20 ‘‘(2) The Secretary of Defense shall make every effort 

21 to ensure that the policies and practices of the Depart22 ment of Defense reflect the goal of establishing an equi23 table trading relationship between the United States and 

24 its foreign defense trade partners, including ensuring that 

25 United States firms and United States employment in the 
353

•HR 4200 PCS 

1 defense sector are not disadvantaged by unilateral pro2 curement practices by foreign governments, such as the 

3 imposition of offset agreements or similar requirements in 

4 defense procurements by those governments. In pursuing 

5 this goal, the Secretary shall—

6 ‘‘(A) develop a comprehensive defense acquisi7 tion trade policy that provides the necessary guid8 ance and incentives for the elimination of offset 

9 agreements as an accepted practice in defense trade; 

10 and 

11 ‘‘(B) review and make necessary modifications 

12 to existing acquisition policies and strategies, and re13 view and seek to make necessary modifications to ex14 isting memoranda of understanding, cooperative 

15 project agreements, or related agreements with for16 eign defense trade partners, to reflect this goal. 

17 ‘‘(b) REQUIREMENT.—The Secretary of Defense may 

18 not enter into a contract, or approve or permit any sub19 contract under a contract entered into by the Department 

20 of Defense, for the procurement of any defense article or 

21 defense service from a foreign firm unless the country in 

22 which the foreign firm performs substantially all of its 

23 manufacturing, production, and research and development 

24 activities in the performance of the contract (or sub25 contract) agrees to apply offset agreements to the procure-
354

•HR 4200 PCS 

1 ment of defense articles and defense services from the 

2 United States firms in the same manner and to the same 

3 degree as such agreements are applied by the Department 

4 of Defense to the procurement of defense articles and de5 fense services from that country. 

6 ‘‘(c) EXCEPTION.—Subsection (b) does not apply to 

7 a contract or subcontract for the procurement of a defense 

8 article or defense service from a foreign firm if the Sec9 retary of Defense determines in writing, with respect to 

10 the specific contract or subcontract, that an exception to 

11 subsection (b) is necessary for the Department to be able 

12 to meet national security objectives.

13 ‘‘(d) NOTIFICATION REQUIRED WHEN EXCEPTION

14 APPLIED.—The Secretary of Defense may not apply an 

15 exception under subsection (c) until—

16 ‘‘(1) a notification of the intent to apply such 

17 exception is submitted to the congressional defense 

18 committees and published in the Federal Register; 

19 and 

20 ‘‘(2) a period of 30 days has expired after the 

21 date on which such notification is so submitted and 

22 published. 

23 ‘‘(e) AUTHORITY TO APPLY EXCEPTION NOT DELE24 GABLE.—The authority of the Secretary to apply the ex25 ception under subsection (c) may not be delegated to any 
355

•HR 4200 PCS 

1 officer or employee in a position at a level lower than the 

2 position of the Under Secretary of Defense for Acquisi3 tion, Technology, and Logistics.–

4 ‘‘(f) REGULATIONS.—The Secretary shall prescribe 

5 regulations to implement this section in the Department 

6 of Defense supplement to the Federal Acquisition Regula7 tion. 

8 ‘‘(g) EFFECTIVE DATE.—This section and the regu9 lations prescribed under this section shall apply to con10 tracts and subcontracts entered into on and after the date 

11 occurring one year after the date of the enactment of this 

12 Act. 

13 ‘‘(h) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘foreign firm’ means a business 

15 entity that performs substantially all of its manufac16 turing, production, and research and development 

17 activities outside of the United States. 

18 ‘‘(2) The term ‘United States firm’ means a 

19 business entity that performs substantially all of its 

20 manufacturing, production, and research and devel21 opment activities in the United States. 

22 ‘‘(3) The term ‘foreign defense trade partner’ 

23 means a foreign country with respect to which there 

24 is—
356

•HR 4200 PCS 

1 ‘‘(A) a memorandum of understanding or 

2 related agreement described in section 2531(a) 

3 of title 10, United States Code; or 

4 ‘‘(B) a cooperative project agreement de5 scribed in section 27 of the Arms Export Con6 trol Act (22 U.S.C. 2767). 

7 ‘‘(4) The term ‘offset agreement’ has the mean8 ing provided that term by section 36(e) of the Arms 

9 Export Control Act (22 U.S.C. 2776(e)). 

10 ‘‘(5) The terms ‘defense article’ and ‘defense 

11 service’ have the meanings provided those terms by 

12 section 47(7) of the Arms Export Control Act (22 

13 U.S.C. 2794(7)). 

14 ‘‘(6) The term ‘military system essential item’ 

15 means an item on the military system essential item 

16 breakout list produced pursuant to section 813(b) of 

17 the National Defense Authorization Act for Fiscal 

18 Year 2004 (P.L. 108–136; 117 Stat. 1544).’’.

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by adding 

21 at the end the following new item:

‘‘2532a. Defense trade reciprocity.’’.
357

•HR 4200 PCS 

1 SEC. 812. AMENDMENTS TO DOMESTIC SOURCE REQUIRE2 MENTS. 

3 (a) NOTICE.—Section 2533a of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new subsection: 

6 ‘‘(k) NOTIFICATION REQUIRED WHEN CERTAIN EX7 CEPTIONS APPLIED.—(1) Funds appropriated or other8 wise available to the Department of Defense may not be 

9 used to enter into a contract to procure an item described 

10 in subsection (b) pursuant to an exception set forth in sub11 section (c) or (e) until—

12 ‘‘(A) a notification of the intent to apply such 

13 exception is submitted to Congress and posted on 

14 the website maintained by the General Services Ad15 ministration known as FedBizOpps.gov (or any suc16 cessor site); and 

17 ‘‘(B) a period of 15 days has expired after the 

18 date on which such notification is so submitted and 

19 published. 

20 ‘‘(2) In any case in which the Secretary of Defense 

21 or the Secretary of the military department concerned in22 tends to apply or applies the exception set forth in sub23 section (d)(1), the Secretary concerned shall submit to 

24 Congress a notification of such intent or such application 

25 during the period beginning six months before the date 
358

•HR 4200 PCS 

1 of application of such exception and ending six months 

2 after the date of application of such exception.’’. 

3 (b) CLOTHING MATERIALS AND COMPONENTS COV4 ERED.—Subsection (b) of section 2533a of title 10, United 

5 States Code, is amended in paragraph (1)(B) by inserting 

6 before the semicolon the following: ‘‘and the materials and 

7 components thereof, other than sensors, electronics, or 

8 other items added to, and not normally associated with, 

9 clothing (and the materials and components thereof)’’.

10 SEC. 813. THREE-YEAR EXTENSION OF RESTRICTION ON AC11 QUISITION OF POLYACRYLONITRILE (PAN) 

12 CARBON FIBER FROM FOREIGN SOURCES. 

13 The Secretary of Defense shall delay by three years 

14 the phase-out of the restriction on acquisition of 

15 polyacrylonitrile (PAN) carbon fiber from foreign sources 

16 (described in subpart 225.7103 of the Department of De17 fense supplement to the Federal Acquisition Regulation). 

18 In implementing such delay, the Secretary shall revise the 

19 appplicable regulations to ensure that such restriction ap20 plies to—

21 (1) solicitations and contracts issued on or be22 fore May 31, 2006, for major systems that are not 

23 yet in production; and 

24 (2) solicitations and contracts issued during the 

25 period beginning June 1, 2006, and ending May 31, 
359

•HR 4200 PCS 

1 2008, for major systems that are not yet in engi2 neering and manufacturing development. 

3 SEC. 814. GRANT PROGRAM FOR DEFENSE CONTRACTORS 

4 TO IMPLEMENT STRATEGIES TO AVOID 

5 OUTSOURCING OF JOBS. 

6 (a) GRANT PROGRAM AUTHORIZED.—The Secretary 

7 of Defense may make grants under this section for fiscal 

8 year 2005 to qualified defense contractor groups for the 

9 purposes described in subsection (b). 

10 (b) GRANT PURPOSES.—A grant may be made under 

11 this section for the purpose of implementing a strategy 

12 to avoid the outsourcing of jobs by a defense contractor, 

13 including the following strategies: 

14 (1) Cost-cutting measures. 

15 (2) Retraining programs. 

16 (3) Technology development. 

17 (4) Plant upgrades. 

18 (c) APPLICATION.—A grant may not be awarded 

19 under this section unless an application is submitted to, 

20 and approved by, the Secretary. Such an application—

21 (1) shall be submitted by a qualified defense 

22 contractor group in such form and manner as the 

23 Secretary may require; and 

24 (2) shall contain—
360

•HR 4200 PCS 

1 (A) a description of the strategy proposed 

2 for avoiding the outsourcing of at least 10 jobs 

3 in the performance of a defense contract by the 

4 defense contractor concerned; and 

5 (B) such other information as the Sec6 retary may require. 

7 (d) DEFINITIONS.—In this section: 

8 (1) The term ‘‘qualified defense contractor 

9 group’’, with respect to a defense contractor, is a 

10 group or person representing—

11 (A) management of the contractor; 

12 (B) a labor organization that represents 

13 employees of the contractor; or 

14 (C) employees of the contractor. 

15 (2) The term ‘‘outsourcing’’, with respect to a 

16 defense contract, includes the performance outside 

17 the United States of work under the contract. 

18 (e) FEDERAL SHARE.—The Federal share of the 

19 costs of the strategy carried out with a grant under this 

20 section may not exceed 50 percent. 

21 (f) USE OF DEFENSE INDUSTRIAL CAPABILITIES

22 FUND FOR GRANTS.—(1) Notwithstanding section 814(c) 

23 of the National Defense Authorization Act for Fiscal Year 

24 2004 (P.L. 108–136; 117 Stat. 1545), amounts in the De-
361

•HR 4200 PCS 

1 fense Industrial Base Capabilities Fund may be used for 

2 grants under this section. 

3 (2) For fiscal year 2005, up to $50,000,000 of 

4 amounts available in such Fund may be used to carry out 

5 this section. 

6 (g) AUTHORIZATION OF FUNDS.—There are author7 ized to be appropriated to the Defense Industrial Base Ca8 pabilities Fund $50,000,000 for purposes of providing 

9 grants under this section. 

10 SEC. 815. PREFERENCE FOR DOMESTIC FREIGHT FOR11 WARDING SERVICES. 

12 (a) PREFERENCE.—In the procurement of transpor13 tation services described in subsection (b), the Secretary 

14 of Defense shall give preference to any freight forwarder 

15 that—

16 (1) certifies to the Department of Defense that 

17 it is owned and controlled by citizens of the United 

18 States; and 

19 (2) offers services at fair and reasonable rates. 

20 (b) SERVICES COVERED.—Subsection (a) applies to 

21 transportation services to, from, or within Iraq or Afghan22 istan, and warehousing, logistics, or other similar services 

23 performed within Iraq or Afghanistan. 
362

•HR 4200 PCS 

1 Subtitle C—Other Acquisition 

2 Matters 

3 SEC. 821. SUSTAINMENT AND MODERNIZATION PLANS FOR 

4 EXISTING SYSTEMS WHILE REPLACEMENT 

5 SYSTEMS ARE UNDER DEVELOPMENT. 

6 (a) EXISTING SYSTEMS TO BE MAINTAINED WHILE

7 REPLACEMENT SYSTEMS ARE UNDER DEVELOPMENT.—

8 (1) Chapter 144 of title 10, United States Code, is amend9 ed by inserting after section 2436 the following new sec10 tion:

11 ‘‘§ 2437. Development of major defense acquisition 

12 programs: sustainment and moderniza13 tion of system to be replaced 

14 ‘‘(a) REQUIREMENT FOR SUSTAINING AND MODERN15 IZING EXISTING FORCES.—(1) The Secretary of Defense 

16 shall require that, whenever a new major defense acquisi17 tion program begins development, the defense acquisition 

18 authority responsible for that program shall develop a plan 

19 (to be known as a sustainment and modernization plan) 

20 for the existing system that the system under development 

21 is intended to replace. Any such sustainment and mod22 ernization plan shall provide for budgeting, sustaining, 

23 and modernizing the existing system until the replacement 

24 system to be developed under the major defense acquisi25 tion program is fielded and assumes the majority responsi-
363

•HR 4200 PCS 

1 bility for the mission of the existing system. This section 

2 does not apply to a major defense acquisition that reaches 

3 initial operational capability before October 1, 2008. 

4 ‘‘(2) In this section, the term ‘‘defense acquisition au5 thority’’ means the Secretary of a military department or 

6 the commander of the United States Special Operations 

7 Command. 

8 ‘‘(b) SUSTAINMENT AND MODERNIZATION PLAN.—

9 The Secretary of Defense shall require that each 

10 sustainment and modernization plan under this section in11 clude, at a minimum, the following: 

12 ‘‘(1) The milestone schedule for the develop13 ment of the major defense acquisition program, in14 cluding low-rate initial production, initial operational 

15 capability, full-rate production, full operational capa16 bility, and the date when the replacement system as17 sumes the majority responsibility for the mission of 

18 the existing system. 

19 ‘‘(2) An analysis of the existing system to de20 termine the following: 

21 ‘‘(A) A sustainment plan and budget re22 quirements necessary to provide service life ex23 tension to the existing system at acceptable reli24 ability and availability rates. 
364

•HR 4200 PCS 

1 ‘‘(B) A modernization plan and budget re2 quirements necessary to maintain mission capa3 bility against the relevant threats. 

4 ‘‘(C) A modernization plan and budget re5 quirements necessary—

6 ‘‘(i) to transfer mature technologies 

7 from the new system or other systems so 

8 that the mission capability of the existing 

9 system is enhanced against relevant 

10 threats; and 

11 ‘‘(ii) to provide interoperability with 

12 the new system during the period from ini13 tial fielding until the new system assumes 

14 the majority of responsibility for the mis15 sion of the existing system. 

16 ‘‘(c) ANNUAL REVIEW.—Each fiscal year, before the 

17 submission to Congress of the President’s budget for the 

18 next fiscal year, the Secretary of Defense shall review the 

19 schedule performance of each replacement major defense 

20 acquisition program for which a sustainment and mod21 ernization plan has been developed under this section to 

22 compare that performance with the schedule set forth 

23 under subsection (b)(1). If the schedule for the program 

24 has changed, then the Secretary shall notify the congres25 sional defense committees of such change. 
365

•HR 4200 PCS 

1 ‘‘(d) EXCEPTIONS.—Subsection (a) shall not apply to 

2 a major defense acquisition program if the Secretary of 

3 Defense determines that—

4 ‘‘(1) the existing system is no longer relevant to 

5 the mission; 

6 ‘‘(2) the mission has been eliminated; 

7 ‘‘(3) the mission has been consolidated with an8 other mission in such a manner that another exist9 ing system can adequately meet the mission require10 ments; or 

11 ‘‘(4) the duration of time until the new system 

12 assumes the majority of responsibility for the exist13 ing system’s mission is sufficiently short so that mis14 sion availability, capability, interoperability, and 

15 force protection requirements are maintained. 

16 ‘‘(e) WAIVER.—The Secretary of Defense may waive 

17 the applicability of subsection (a) to a major defense ac18 quisition program if the Secretary determines that, but for 

19 such a waiver, the Department would be unable to meet 

20 national security objectives. Whenever the Secretary 

21 makes such a determination and authorizes such a waiver, 

22 the Secretary shall submit notice of such waiver and of 

23 the Secretary’s determination and the reasons therefor in 

24 writing to the congressional defense committees.’’. 
366

•HR 4200 PCS 

1 (2) The table of sections at the beginning of such 

2 chapter is amended by inserting after the item relating 

3 to section 2436 the following new item:

‘‘2437. Development of major defense acquisition programs: sustainment and 

modernization of system to be replaced.’’.

4 (b) APPLICATION TO EXISTING PROGRAMS IN DE5 VELOPMENT.—Section 2437 of title 10, United States 

6 Code, as added by subsection (a), shall apply with respect 

7 to a major defense acquisition program that is under de8 velopment as of the date of the enactment of this Act and 

9 is not expected to reach initial operational capability be10 fore October 1, 2008. The Secretary of Defense shall re11 quire that a sustainment and modernization plan under 

12 that section be developed not later than one year after the 

13 date of the enactment of this Act for the existing system 

14 that the system under development is intended to replace. 

15 SEC. 822. REVIEW AND DEMONSTRATION PROJECT RELAT16 ING TO CONTRACTOR EMPLOYEES. 

17 (a) GENERAL REVIEW.—(1) The Secretary of De18 fense shall conduct a review of policies, procedures, prac19 tices, and penalties of the Department of Defense relating 

20 to employees of defense contractors for purposes of ensur21 ing that the Department of Defense is in compliance with 

22 Executive Order No. 12989 (relating to a prohibition on 

23 entering into contracts with contractors that are not in 

24 compliance with the Immigration and Nationality Act). 
367

•HR 4200 PCS 

1 (2) In conducting the review, the Secretary shall—

2 (A) identify potential weaknesses and areas for 

3 improvement in existing policies, procedures, prac4 tices, and penalties; 

5 (B) develop and implement reforms to strength6 en, upgrade, and improve policies, procedures, prac7 tices, and penalties of the Department of Defense 

8 and its contractors; and 

9 (C) review and analyze reforms developed pur10 suant to this paragraph to identify for purposes of 

11 national implementation those which are most effi12 cient and effective. 

13 (3) The review under this subsection shall be com14 pleted not later than 180 days after the date of the enact15 ment of this Act. 

16 (b) DEMONSTRATION PROJECT.—The Secretary of 

17 Defense shall conduct a demonstration project in accord18 ance with this section, in one or more regions selected by 

19 the Secretary, for purposes of promoting greater con20 tracting opportunities for contractors offering effective, 

21 reliable staffing plans to perform defense contracts that 

22 ensure all contract personnel employed for such projects, 

23 including management employees, professional employees, 

24 craft labor personnel, and administrative personnel, are 

25 lawful residents or persons properly authorized to be em-
368

•HR 4200 PCS 

1 ployed in the United States and properly qualified to per2 form services required under the contract. The demonstra3 tion project shall focus on contracts for construction, ren4 ovation, maintenance, and repair services for military in5 stallations. 

6 (c) DEMONSTRATION PROJECT PROCUREMENT PRO7 CEDURES.—As part of the demonstration project under 

8 subsection (b), the Secretary of Defense shall conduct a 

9 competition in which there is a provision in contract solici10 tations and request for proposal documents to require sig11 nificant weight or credit be allocated to—

12 (1) reliable, effective workforce programs of13 fered by prospective contractors that provide back14 ground checks and other measures to ensure the 

15 contractor is in compliance with the Immigration 

16 and Nationality Act; and 

17 (2) reliable, effective project staffing plans of18 fered by prospective contractors that specify for all 

19 contract employees (including management employ20 ees, professionals, and craft labor personnel) the 

21 skills, training, and qualifications of such persons 

22 and the labor supply sources and hiring plans or 

23 procedures used for employing such persons. 

24 (d) IMPLEMENTATION OF DEMONSTRATION

25 PROJECT.—The Secretary of Defense shall begin oper-
369

•HR 4200 PCS 

1 ation of the demonstration project required under this sec2 tion after completion of the review under subsection (a), 

3 but in no event later than 270 days after the date of the 

4 enactment of this Act. 

5 (e) REPORT ON DEMONSTRATION PROJECT.—Not 

6 later than six months after award of a contract under the 

7 demonstration project, the Secretary of Defense shall sub8 mit to the Committees on Armed Services of the Senate 

9 and House of Representatives a report setting forth a re10 view of the demonstration project and recommendations 

11 on the actions, if any, that can be implemented to ensure 

12 compliance by the Department of Defense with Executive 

13 Order No. 12989. 

14 (f) DEFINITION.—In this section, the term ‘‘military 

15 installation’’ means a base, camp, post, station, yard, cen16 ter, homeport facility for any ship, or other activity under 

17 the jurisdiction of the Department of Defense, including 

18 any leased facility, which is located within any of the sev19 eral States, the District of Columbia, the Commonwealth 

20 of Puerto Rico, American Samoa, the Virgin Islands, or 

21 Guam. Such term does not include any facility used pri22 marily for civil works, rivers and harbors projects, or flood 

23 control projects.
370

•HR 4200 PCS 

1 SEC. 823. DEFENSE ACQUISITION WORKFORCE LIMITATION 

2 AND REPORTS. 

3 (a) DEFENSE ACQUISITION AND SUPPORT PER4 SONNEL LIMITATION.—(1) Effective October 1, 2005, the 

5 number of defense acquisition and support personnel in 

6 the Department of Defense may not exceed 95 percent of 

7 the baseline number. 

8 (2) For purposes of paragraph (1), the baseline num9 ber is the number of defense acquisition and support per10 sonnel as of October 1, 2004. 

11 (3) All determinations of personnel strengths for pur12 poses of this section shall be on the basis of full-time 

13 equivalent positions. 

14 (b) GAO STUDY AND REPORT ON DEFENSE ACQUISI15 TION AND SUPPORT PERSONNEL.—(1) The Comptroller 

16 General shall conduct a study of Department of Defense 

17 management of defense acquisition and support personnel. 

18 The study shall include—

19 (A) an analysis of the number and structure of 

20 defense acquisition and support personnel; and 

21 (B) an assessment of the size, mission, com22 position, and projected workload requirements of de23 fense acquisition and support personnel. 

24 (2) The Comptroller General shall submit to the 

25 Committees on Armed Services of the Senate and the 

26 House of Representatives a report on the results of the 
371

•HR 4200 PCS 

1 study conducted under this subsection not later than 

2 March 1, 2005. 

3 (c) DEFENSE ACQUISITION UNIVERSITY STUDY AND

4 REPORT ON DEFENSE ACQUISITION AND SUPPORT PER5 SONNEL.—(1) The Defense Acquisition University shall 

6 conduct a study of all the training programs offered to 

7 defense acquisition and support personnel. 

8 (2) The Defense Acquisition University shall submit 

9 to the Committees on Armed Services of the Senate and 

10 the House of Representatives a report on the results of 

11 the study conducted under this subsection not later than 

12 March 1, 2005. The report shall include—

13 (A) the number of individuals currently cer14 tified within the field they are working in; and 

15 (B) recommendations on how to improve edu16 cation and productivity for defense acquisition and 

17 support personnel, including recommendations for 

18 additional training program requirements. 

19 (d) DEFINITION.—In this section, the term ‘‘defense 

20 acquisition and support personnel’’ means members of the 

21 Armed Forces and civilian personnel (other than civilian 

22 personnel who are employed at a maintenance depot) who 

23 are assigned to, or employed in, acquisition organizations 

24 of the Department of Defense (as specified in Department 

25 of Defense Instruction numbered 5000.58, dated January 
372

•HR 4200 PCS 

1 14, 1992), and any other organization that, as determined 

2 by the Secretary, has acquisition as its predominant mis3 sion. 

4 SEC. 824. PROVISION OF INFORMATION TO CONGRESS TO 

5 ENHANCE TRANSPARENCY IN CONTRACTING. 

6 Upon request of the chairman or ranking member of 

7 the Committee on Armed Services of the Senate or House 

8 of Representatives, the Secretary of Defense shall provide, 

9 with respect to any contract or task or delivery order 

10 under a task or delivery order contract entered into by 

11 the Department of Defense, within 14 days after receipt 

12 of the request, unredacted copies of any documents re13 quired to be maintained in the contracting office contract 

14 file, the contract administration office contract file, and 

15 the paying office contract file pursuant to subpart 4.8 of 

16 the Federal Acquisition Regulation, including—

17 (1) copies of the contract and all modifications; 

18 (2) orders issued under the contract; 

19 (3) justifications and approvals; 

20 (4) any government estimate of contract price; 

21 (5) source selection documentation; 

22 (6) cost or price analysis; 

23 (7) audit reports; 

24 (8) justification for type of contract; 
373

•HR 4200 PCS 

1 (9) authority for deviations from regulations, 

2 statutory requirements, or other restrictions; 

3 (10) bills, invoices, vouchers, and supporting 

4 documents; and 

5 (11) records of payments or receipts.

6 SEC. 825. REQUIREMENT TO TREAT SURETIES IN SAME 

7 MANNER AS FINANCING INSTITUTIONS WHEN 

8 CONTRACTORS DEFAULT. 

9 (a) AMENDMENT TO TITLE 31.—Section 3727(c) of 

10 title 31, United States Code, is amended by inserting 

11 ‘‘surety on a bond provided in connection with a contract 

12 or other’’ before ‘‘financing institution’’. 

13 (b) AMENDMENT TO REVISED STATUTES.—Section 

14 3737(b) of the Revised Statutes (41 U.S.C. 15) is amend15 ed in the first sentence by inserting ‘‘surety on a bond 

16 provided in connection with a contract,’’ before ‘‘or other 

17 financing institution’’.

18 SEC. 826. PROVISIONS RELATING TO CREATION OF JOBS IN 

19 THE UNITED STATES BY DEFENSE CONTRAC20 TORS. 

21 (a) AUTHORITY TO EXCLUDE CERTAIN SOURCES ON

22 BASIS OF CREATION OF JOBS IN UNITED STATES.—Sec23 tion 2304(b)(1) of title 10, United States Code, is amend24 ed—
374

•HR 4200 PCS 

1 (1) by striking ‘‘or’’ at the end of subparagraph 

2 (E); 

3 (2) by striking the period at the end of sub4 paragraph (F) and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(G) would create jobs in the United States.’’. 

8 (b) REQUIREMENT TO INCLUDE CREATION OF JOBS

9 IN UNITED STATES AS EVALATION FACTOR.—(1) Section 

10 2305(a)(3)(A) of title 10, United States Code, is amend11 ed—

12 (A) by striking ‘‘and’’ at the end of clause (ii); 

13 (B) by redesignating clause (iii) as clause (iv); 

14 and 

15 (C) by inserting after clause (ii) the following 

16 new clause: 

17 ‘‘(iii) shall include the creation of jobs in the 

18 United States as an evaluation factor that must be 

19 considered in the evaluation of proposals; and’’. 

20 (2) Section 2305(a)(3)(B) of such title is amended 

21 by striking ‘‘clause (iii)’’ and inserting ‘‘clause (iv)’’.
375

•HR 4200 PCS 

1 TITLE IX—DEPARTMENT OF

2 DEFENSE ORGANIZATION 

3 AND MANAGEMENT

4 SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY 

5 TO SECRETARY OF THE NAVY AND MARINE 

6 CORPS. 

7 (a) CHANGE IN TITLE.—The position of the Sec8 retary of the Navy is hereby redesignated as the Secretary 

9 of the Navy and Marine Corps. 

10 (b) REFERENCES.—Any reference to the Secretary of 

11 the Navy in any law, regulation, document, record, or 

12 other paper of the United States shall be considered to 

13 be a reference to the Secretary of the Navy and Marine 

14 Corps.

15 SEC. 902. TRANSFER OF CENTER FOR THE STUDY OF CHI16 NESE MILITARY AFFAIRS FROM NATIONAL 

17 DEFENSE UNIVERSITY TO UNITED STATES18 CHINA ECONOMIC AND SECURITY REVIEW 

19 COMMISSION. 

20 (a) TRANSFER.—The Center for the Study of Chinese 

21 Military Affairs established by section 914 of the National 

22 Defense Authorization Act for Fiscal Year 2000 (10 

23 U.S.C. 2165 note) is transferred from the National De24 fense University of the Department of Defense to the 
376

•HR 4200 PCS 

1 United States-China Economic and Security Review Com2 mission. 

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

4 section 914 of the National Defense Authorization Act for 

5 2000 (10 U.S.C. 2165 note) is amended to read as follows: 

6 ‘‘(a) ESTABLISHMENT.—There shall be a Center for 

7 the Study of Chinese Military Affairs organized under the 

8 United States-China Economic and Security Review Com9 mission established by section 1238 of the Floyd D. 

10 Spence National Defense Authorization Act for Fiscal 

11 Year 2001 (22 U.S.C. 7002).’’. 

12 (c) REPEAL OF OBSOLETE PROVISIONS.—Such sec13 tion is further amended by striking subsections (d) and 

14 (e). 

15 (d) TECHNICAL AMENDMENTS TO COMMISSION

16 CHARTER.—(1) Section 1238(c) of the Floyd D. Spence 

17 National Defense Authorization Act for Fiscal Year 2001 

18 (22 U.S.C. 7002) is amended—

19 (1) in paragraph (1)—

20 (A) by striking ‘‘(beginning in 2002)’’; and 

21 (B) by adding at the end the following new 

22 sentence: ‘‘The report shall include a full dis23 cussion of the activities of the Commission 

24 under each of the subparagraphs of paragraph 

25 (2).’’; and 
377

•HR 4200 PCS 

1 (2) in paragraph (2)—

2 (A) by striking the matter preceding sub3 paragraph (A) and inserting the following: 

4 ‘‘(2) AREAS OF FOCUS.—The Commission shall 

5 focus, in lieu of any other area of work or study, on 

6 the following:’’; and 

7 (B) by replacing subparagraphs (A) 

8 through (J) with the text of subparagraphs (A) 

9 through (I) of section 2(c)(2) of division P of 

10 Public Law 108–7 (22 U.S.C. 7002 note). 

11 (2) Section 2(c)(2) of division P of Public Law 108–

12 7 (22 U.S.C. 7002 note) is repealed. 

13 (e) EFFECTIVE DATE.—Subsection (a) and the 

14 amendment made by subsection (b) shall take effect at the 

15 end of the 90-day period beginning on the date of the en16 actment of this Act.

17 SEC. 903. TRANSFER TO SECRETARY OF THE ARMY OF RE18 SPONSIBILITY FOR ASSEMBLED CHEMICAL 

19 WEAPONS ALTERNATIVES PROGRAM. 

20 Effective January 1, 2005, the text of section 142 

21 of the Strom Thurmond National Defense Authorization 

22 Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 

23 1521 note) is amended to read as follows: 
378

•HR 4200 PCS 

1 ‘‘(a) PROGRAM MANAGEMENT.—(1) The program 

2 manager for the Assembled Chemical Weapons Alter3 natives program shall report to the Secretary of the Army. 

4 ‘‘(2) The Secretary of the Army shall provide for that 

5 program to be managed as part of the management orga6 nization within the Department of the Army specified in 

7 section 1412(e) of Public Law 99–145 (50 U.S.C. 

8 1521(e)). 

9 ‘‘(b) CONTINUED IMPLEMENTATION OF PREVIOUSLY

10 SELECTED ALTERNATIVE TECHNOLOGIES.—(1) In car11 rying out the destruction of lethal chemical munitions at 

12 Pueblo Chemical Depot, Colorado, the Secretary of the 

13 Army shall continue to implement fully the alternative 

14 technology for such destruction at that depot selected by 

15 the Under Secretary of Defense for Acquisition, Tech16 nology, and Logistics on July 16, 2002. 

17 ‘‘(2) In carrying out the destruction of lethal chem18 ical munitions at Blue Grass Army Depot, Kentucky, the 

19 Secretary of the Army shall continue to implement fully 

20 the alternative technology for such destruction at that 

21 depot selected by the Under Secretary of Defense for Ac22 quisition, Technology, and Logistics on February 3, 

23 2003.’’.
379

•HR 4200 PCS 

1 SEC. 904. MODIFICATION OF OBLIGATED SERVICE RE2 QUIREMENTS UNDER NATIONAL SECURITY 

3 EDUCATION PROGRAM. 

4 (a) IN GENERAL.—Subsection (b)(2) of section 802 

5 of the David L. Boren National Security Education Act 

6 of 1991 (50 U.S.C. 1902) is amended by striking subpara7 graphs (A) and (B), as added by section 925(a) of the 

8 National Defense Authorization Act for Fiscal Year 2004 

9 (Public Law 108–136; 117 Stat. 1578), and inserting the 

10 following: 

11 ‘‘(A) in the case of a recipient of a scholar12 ship, as soon as practicable but in no case later 

13 than three years after the completion by the re14 cipient of the study for which scholarship as15 sistance was provided under the program, the 

16 recipient shall work for a period of one year—

17 ‘‘(i) in a national security position 

18 that the Secretary certifies is appropriate 

19 to use the unique language and region ex20 pertise acquired by the recipient pursuant 

21 to such study in the Department of De22 fense, in any element of the intelligence 

23 community, in the Department of Home24 land Security, or in the Department of 

25 State; or 
380

•HR 4200 PCS 

1 ‘‘(ii) in such a position in any other 

2 Federal department or agency not referred 

3 to in clause (i) if the recipient dem4 onstrates to the Secretary that no position 

5 is available in a Federal department or 

6 agency specified in clause (i); or 

7 ‘‘(B) in the case of a recipient of a fellow8 ship, as soon as practicable but in no case later 

9 than two years after the completion by the re10 cipient of the study for which fellowship assist11 ance was provided under the program, the re12 cipient shall work for a period equal to the du13 ration of assistance provided under the pro14 gram, but in no case less than one year—

15 ‘‘(i) in a position described in sub16 paragraph (A)(i) that the Secretary cer17 tifies is appropriate to use the unique lan18 guage and region expertise acquired by the 

19 recipient pursuant to such study; or 

20 ‘‘(ii) in such a position in any other 

21 Federal department or agency not referred 

22 to in clause (i) if the recipient dem23 onstrates to the Secretary that no position 

24 is available in a Federal department or 

25 agency specified in clause (i); and’’. 
381

•HR 4200 PCS 

1 (b) REGULATIONS.—The Secretary of Defense shall 

2 prescribe regulations to carry out the amendment made 

3 by subsection (a). In prescribing such regulations, the Sec4 retary shall establish standards that recipients of scholar5 ship and fellowship assistance under the program under 

6 such section 802 are required to demonstrate to satisfy 

7 the requirement of a good faith effort to gain employment 

8 as required under subparagraphs (A) and (B) of sub9 section (b)(2) of such section. 

10 (c) APPLICABILITY.—(1) The amendment made by 

11 subsection (a) shall apply with respect to service agree12 ments entered into under the David L. Boren National 

13 Security Education Act of 1991 on or after the date of 

14 the enactment of this Act. 

15 (2) The amendment made by subsection (a) shall not 

16 affect the force, validity, or terms of any service agreement 

17 entered into under the David L. Boren National Security 

18 Education Act of 1991 before the date of the enactment 

19 of this Act that is in force as of that date.

20 SEC. 905. CHANGE OF MEMBERSHIP OF CERTAIN COUN21 CILS. 

22 (a) MEMBERSHIP OF ARMED FORCES POLICY COUN23 CIL.—Section 171(a) of title 10, United States Code, is 

24 amended by adding at the end the following new para25 graph: 
382

•HR 4200 PCS 

1 ‘‘(14) The Commandant of the Coast Guard, 

2 for discussion of matters pertaining to the Coast 

3 Guard.’’. 

4 (b) MEMBERSHIP OF COUNCIL UNDER SECTION

5 179.—Subsection (a) of section 179 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new paragraph: 

8 ‘‘(4) The Under Secretary of Defense for Pol9 icy.’’. 

10 (b) CONFORMING AND CLARIFYING AMENDMENTS.—

11 Such subsection is further amended in the matter pre12 ceding paragraph (1)—

13 (1) by striking ‘‘Joint’’; and 

14 (2) by striking ‘‘composed of three members as 

15 follows:’’ and inserting ‘‘operated as a joint activity 

16 of the Department of Defense and the Department 

17 of Energy. The membership of the Council is com18 prised of the following officers of those depart19 ments:’’. 

20 (c) OTHER TECHNICAL AND CLARIFYING AMEND21 MENTS.—Such section is further amended as follows: 

22 (1) Subsection (c)(3)(B) is amended by striking 

23 ‘‘appointed’’ and inserting ‘‘designated’’. 
383

•HR 4200 PCS 

1 (2) Subsection (e) is amended by striking ‘‘In 

2 addition’’ and all that follows through ‘‘also’’ and in3 serting ‘‘The Council shall’’. 

4 (3) Subsection (f) is amended by striking 

5 ‘‘Committee on’’ the first place it appears and all 

6 that follows through ‘‘Representatives’’ and inserting 

7 ‘‘congressional defense committees’’. 

8 (d) STYLISTIC AMENDMENTS.—Such section is fur9 ther amended as follows: 

10 (1) Subsection (a) is amended by inserting ‘‘ES11 TABLISHMENT; MEMBERSHIP.—’’ after ‘‘(a)’’. 

12 (2) Subsection (b) is amended by inserting 

13 ‘‘CHAIRMAN; MEETINGS.—’’ after ‘‘(b)’’. 

14 (3) Subsection (c) is amended by inserting 

15 ‘‘STAFF AND ADMINISTRATIVE SERVICES; STAFF

16 DIRECTOR.—’’ after ‘‘(c)’’. 

17 (4) Subsection (d) is amended by inserting 

18 ‘‘RESPONSIBILITIES.—’’ after ‘‘(d)’’. 

19 (5) Subsection (e) is amended by inserting 

20 ‘‘REPORT ON DIFFICULTIES RELATING TO SAFETY

21 OR RELIABILITY.—’’ after ‘‘(e)’’. 

22 (6) Subsection (f) is amended by inserting ‘‘AN23 NUAL REPORT.—’’ after ‘‘(f)’’. 
384

•HR 4200 PCS 

1 (e) FURTHER CONFORMING AMENDMENT.—Section 

2 3212(e) of the National Nuclear Security Administration 

3 Act (50 U.S.C. 2402(e)) is amended—

4 (1) by striking ‘‘JOINT’’ in the subsection head5 ing; and 

6 (2) by striking ‘‘Joint’’.

7 SEC. 906. ACTIONS TO PREVENT THE ABUSE OF DETAIN8 EES. 

9 (a) POLICIES REQUIRED.—The Secretary of Defense 

10 shall prescribe policies regarding procedures for the 

11 Armed Forces and other elements of the Department of 

12 Defense and contractor personnel of the Department of 

13 Defense intended to prevent the conditions leading to acts 

14 of abuse of detainees who are held by the United States 

15 as part of the Global War on Terrorism. Policies under 

16 this subsection shall be prescribed not later than 120 days 

17 after the date of the enactment of this Act. 

18 (b) MATTERS TO BE INCLUDED.—In order to achieve 

19 the objective stated in subsection (a), the policies on the 

20 prevention of abuse of detainees under that subsection 

21 shall specify, at a minimum, procedures for the following: 

22 (1) Ensuring that commanders of detention fa23 cilities and commanders of interrogation facilities 

24 provide all assigned personnel (including contractor 

25 personnel) with training, and documented acknowl-
385

•HR 4200 PCS 

1 edgement of receiving training, regarding the Gene2 va Convention Relative to the Treatment of Pris3 oners of War and established Standing Operating 

4 Procedures for the treatment of detainees. Training 

5 provided under this paragraph to contractor per6 sonnel shall be at least comparable in degree to that 

7 provided to members of the Armed Forces. 

8 (2) Providing all detainees with information, in 

9 their own language, of the protections afforded 

10 under the Geneva Convention Relative to the Treat11 ment of Prisoners of War. 

12 (3) Conducting periodic unannounced and an13 nounced inspections of prisons and other areas 

14 where detainees are held in order to provide contin15 ued oversight of interrogation and detention oper16 ations. 

17 (4) Prohibiting contact between male guards 

18 and female detainees and between female guards 

19 and male detainees, except under exigent cir20 cumstances. 

21 (c) REPORTS TO CONGRESS.—The Secretary of De22 fense shall submit to the Committees on Armed Services 

23 of the Senate and House of Representatives—
386

•HR 4200 PCS 

1 (1) a copy of the policies prescribed pursuant to 

2 subsection (a), immediately after those policies are 

3 prescribed; and 

4 (2) a report on the implementation of those 

5 policies, not later than one year after the date on 

6 which those policies are prescribed.

7 SEC. 907. RESPONSES TO CONGRESSIONAL INQUIRIES. 

8 (a) IN GENERAL.—(1) Chapter 3 of title 10, United 

9 States Code, is amended by inserting after section 113a 

10 the following new section:

11 ‘‘§ 113b. Response to congressional inquiries 

12 ‘‘Whenever the Secretary of Defense or any other of13 ficial of the Department of Defense is requested by the 

14 chairman of the Committee on Armed Services of the Sen15 ate or the chairman of the Committee on Armed Services 

16 of the House of Representatives to respond to a question 

17 or inquiry submitted by the chairman or another member 

18 of that committee pursuant to a committee hearing or 

19 other activity, the Secretary (or other official) shall re20 spond to the request, in writing, within 21 days of the 

21 date on which the request is transmitted to the Secretary 

22 (or other official).’’.

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of such chapter is amended by inserting 
387

•HR 4200 PCS 

1 after the item relating to section 113a the following new 

2 item:

‘‘113b. Response to congressional inquiries.’’.

3 SEC. 908. SECRETARY OF DEFENSE GUIDANCE ON IDENTI4 FICATION AND INTERNAL TRANSMISSION OF 

5 CRITICAL INFORMATION. 

6 (a) DEFENSE GUIDANCE.—The Secretary of Defense 

7 shall establish criteria for determining the types of critical 

8 information required to be made known expeditiously to 

9 senior decision makers in the Department of Defense. The 

10 types of information specified should be matters of ex11 traordinary significance and potential strategic impact 

12 and should be immediately necessary to facilitate timely 

13 information management in the high-level, decision-mak14 ing process affecting successful mission accomplishment. 

15 The Secretary may from time to time modify the list to 

16 suit the current strategic situation, as necessary. The Sec17 retary should provide to the Secretaries of the military de18 partments, the commanders of deployed forces, and other 

19 elements of the Department of Defense guidance for the 

20 purposes of identifying those critical information require21 ments. 

22 (b) MATTERS TO BE INCLUDED.—The guidance 

23 under subsection (a) shall include, at a minimum, require24 ment for identification of the following: 
388

•HR 4200 PCS 

1 (1) Any incident that may require a military 

2 contingency based on the incident’s nature, gravity, 

3 or potential for significant adverse consequences to 

4 United States citizens, military personnel, or assets, 

5 including an incident that provides opportunities for 

6 significant adverse publicity of a nature that could 

7 have a strategic impact. 

8 (2) Any event, development, or situation that 

9 can be reasonably assumed to escalate into a signifi10 cant adverse incident described in paragraph (1). 

11 (3) Any deficiency or error in policy, standards, 

12 or training that can be reasonably assumed to foster 

13 significant adverse incidents described in paragraph 

14 (1). 

15 (c) POLICY FOR TRANSMISSION OF INFORMATION TO

16 OSD.—The Secretary of Defense shall establish a policy 

17 for the transmission from any element of the Department 

18 of Defense as expeditiously as possible to the Secretary 

19 of Defense and the Joint Chiefs of Staff of any report, 

20 assessment, or evaluation commissioned from any level 

21 within the Department of Defense that results in the iden22 tification of any of the items on the list required by sub23 section (a). As part of that policy, the Secretary should 

24 establish a timetable for transmission of any such report, 

25 assessment, or evaluation to the responsible major com-
389

•HR 4200 PCS 

1 mand upon receipt of the final document by the commis2 sioning authority. 

3 (d) TIME FOR ISSUANCE OF GUIDANCE.—The Sec4 retary of Defense shall establish the list required by sub5 section (a) and issue the guidance required by that sub6 section not later than 90 days after the date of the enact7 ment of this Act.

8 TITLE X—GENERAL PROVISIONS

9 Subtitle A—Financial Matters

10 SEC. 1001. TRANSFER AUTHORITY. 

11 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

12 (1) Upon determination by the Secretary of Defense that 

13 such action is necessary in the national interest, the Sec14 retary may transfer amounts of authorizations made avail15 able to the Department of Defense in this division for fis16 cal year 2005 between any such authorizations for that 

17 fiscal year (or any subdivisions thereof). Amounts of au18 thorizations so transferred shall be merged with and be 

19 available for the same purposes as the authorization to 

20 which transferred. 

21 (2) The total amount of authorizations that the Sec22 retary may transfer under the authority of this section 

23 may not exceed $3,000,000,000. Of such amount, 

24 $500,000,000 may be used only for a transfer from an 

25 account for an active component to an account for a re-
390

•HR 4200 PCS 

1 serve component, or from an account of a reserve compo2 nent to an account of an active component, of the same 

3 Armed Force. 

4 (b) LIMITATIONS.—The authority provided by this 

5 section to transfer authorizations—

6 (1) may only be used to provide authority for 

7 items that have a higher priority than the items 

8 from which authority is transferred; 

9 (2) may not be used to provide authority for an 

10 item that has been denied authorization by Con11 gress; and 

12 (3) may not be combined with the authority 

13 provided under section 1519. 

14 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

15 transfer made from one account to another under the au16 thority of this section shall be deemed to increase the 

17 amount authorized for the account to which the amount 

18 is transferred by an amount equal to the amount trans19 ferred. 

20 (d) NOTICE TO CONGRESS.—The Secretary shall 

21 promptly notify Congress of each transfer made under 

22 subsection (a).
391

•HR 4200 PCS 

1 SEC. 1002. BUDGET JUSTIFICATION DOCUMENTS FOR OP2 ERATION AND MAINTENANCE. 

3 (a) IN GENERAL.—(1) Chapter 9 of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new section:

6 ‘‘§ 232. Operations and maintenance budget presen7 tation 

8 ‘‘(a) IN GENERAL.—In this section 

9 ‘‘(1) The term ‘O&M justification documents’ 

10 means Department of Defense budget justification 

11 documents with respect to accounts for operation 

12 and maintenance submitted to the congressional de13 fense committees in support of the Department of 

14 Defense component of the President’s budget for 

15 any fiscal year. 

16 ‘‘(2) The term ‘President’s budget’ means the 

17 budget of the President submitted to Congress 

18 under section 1105 of title 31 for any fiscal year. 

19 ‘‘(3) The term ‘current year’ means the fiscal 

20 year during which the President’s budget is sub21 mitted in any year. 

22 ‘‘(b) IDENTIFICATION OF BASELINE AMOUNTS IN

23 O&M JUSTIFICATION DOCUMENTS.—In any case in which 

24 the amount requested in the President’s budget for a fiscal 

25 year for a Department of Defense operations and mainte26 nance program, project, or activity is different from the 
392

•HR 4200 PCS 

1 amount appropriated for that program, project, or activity 

2 for the current year, the O&M justification documents 

3 supporting that budget shall identify that appropriated 

4 amount and the difference between that amount and the 

5 amount requested in the budget, stated as an amount and 

6 as a percentage. 

7 ‘‘(c) PERSONAL SERVICE CONTRACTS.—In the O&M 

8 justification documents for any fiscal year, costs pro9 grammed in the budget for that fiscal year for Department 

10 of Defense for personal service contracts, and the number 

11 of personal service contractors to be used by the Depart12 ment of Defense during that fiscal year who will be com13 pensated at an annual rate in excess of the annual rate 

14 of salary of the Vice President under section 104 of title 

15 3, shall be separately set forth and identified. 

16 ‘‘(d) NAVY SUBACTIVITIES FOR SHIP DEPOT MAIN17 TENANCE AND FOR INTERMEDIATE SHIP MAINTE18 NANCE.—In the O&M justification documents for the 

19 Navy for any fiscal year, amounts requested for ship depot 

20 maintenance and amounts requested for intermediate ship 

21 maintenance shall be set forth as separate budget sub22 activity groups. 

23 ‘‘(e) CIVILIAN AVERAGE SALARY COSTS.—In the 

24 O&M justification documents for any fiscal year, average 

25 civilian salary costs, shown by subactivity group, shall be 
393

•HR 4200 PCS 

1 set forth as a component of the personnel summary ex2 hibit.’’.

3 (2) The table of sections at the beginning of such 

4 chapter is amended by adding at the end the following 

5 new item:

‘‘232. Operations and maintenance budget presentation.’’.

6 (b) COMPONENTS OF LINE ITEMS FOR OTHER COSTS

7 AND OTHER CONTRACTS.—Not later than March 1, 2005, 

8 the Secretary of Defense shall submit to the congressional 

9 defense committees a report setting forth the component 

10 elements of the line items identified as ‘‘Other Costs’’ and 

11 ‘‘Other Contracts’’ in the exhibit identified as ‘‘Summary 

12 of Price and Program Changes’’ in the budget justification 

13 materials submitted to those committees in support of the 

14 budget for fiscal year 2006.

15 SEC. 1003. RETENTION OF FEES FROM INTELLECTUAL 

16 PROPERTY LICENSES. 

17 (a) IN GENERAL.—Chapter 165 of title 10, United 

18 States Code, is amended by adding at the end the fol19 lowing new section: 

20 ‘‘§ 2788. Licensing of intellectual property of the mili21 tary departments; authority to charge 

22 and retain fees 

23 ‘‘(a) AUTHORITY TO RETAIN FEES.—(1) Under reg24 ulations prescribed by the Secretary of Defense, the Sec25 retary concerned may license trademarks, service marks, 
394

•HR 4200 PCS 

1 certification marks, and collective marks owned by a mili2 tary department and may retain and expend fees received 

3 from such licensing in accordance with subsection (b). 

4 ‘‘(2) In this section, the terms ‘trademark’, ‘service 

5 mark’, ‘certification mark’, ‘collective mark’, and ‘mark’ 

6 have the meanings given those terms in section 45 of the 

7 Trademark Act of 1946 (15 U.S.C. 1127). 

8 ‘‘(b) USE OF LICENSING FEES.—(1) Funds received 

9 by a military department from licensing under subsection 

10 (a)(1) shall be used for the expenses incurred by the de11 partment in securing the registration of marks owned by 

12 the department and in licensing those marks. 

13 ‘‘(2) If the amount of fees received by a military de14 partment during any fiscal year from the licensing of 

15 marks exceeds the anticipated expenses under paragraph 

16 (1) during that year, the Secretary concerned may des17 ignate those funds as excess and expend them as provided 

18 in paragraph (3). 

19 ‘‘(3) Not more than 50 percent of any such excess 

20 funds shall be available for military personnel recruiting 

21 and retention activities of the department. The remainder 

22 of such funds shall be available for morale, welfare, and 

23 recreation activities of the department. 
395

•HR 4200 PCS 

1 ‘‘(4) Funds received pursuant to subsection (a)(1) 

2 shall remain available for two years after the end of the 

3 fiscal year during which the funds are received.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 at the end the following new item:

‘‘2788. Licensing of intellectual property of the military departments; authority 

to charge and retain fees.’’.

7 SEC. 1004. AUTHORITY TO WAIVE CLAIMS OF THE UNITED 

8 STATES WHEN AMOUNTS RECOVERABLE ARE 

9 LESS THAN COSTS OF COLLECTION. 

10 (a) AUTHORITY.—Chapter 165 of title 10, United 

11 States Code, is amended by inserting after section 2780 

12 the following new section: 

13 ‘‘§ 2780a. Debt collection: general waiver authority 

14 for small amounts owed the United States 

15 ‘‘(a) AUTHORITY.—In the case of an indebtedness to 

16 the United States described in subsection (b) that is for 

17 an amount that is less than the threshold amount specified 

18 in subsection (c), the Secretary of Defense may, under 

19 regulations prescribed under this section, cancel the in20 debtedness and waive recovery of the amount owed. Such 

21 authority may be used only when, based on a cost-benefit 

22 analysis, the Secretary determines that the costs of collec23 tion are expected to exceed the amount recoverable. 
396

•HR 4200 PCS 

1 ‘‘(b) COVERED DEBTS.—(1) Except as provided in 

2 paragraph (2), this section applies with respect to 

3 amounts owed to the United States that arise out of the 

4 activities of, or that are referred to, the Department of 

5 Defense (including amounts owed by members of the 

6 armed forces and Department of Defense civilian per7 sonnel). 

8 ‘‘(2) The authority under this section does not apply 

9 to amounts owed to the United States arising out of activi10 ties of the Department of Defense that have been referred 

11 to another executive agency for collection action or that 

12 are otherwise within the purview of another executive 

13 agency. 

14 ‘‘(c) MAXIMUM AMOUNT WAIVABLE.—The threshold 

15 amount referred to in subsection (a) is the micropurchase 

16 threshold amount in effect under section 32 of the Office 

17 of Federal Procurement Policy Act (41 U.S.C. 428). 

18 ‘‘(d) REGULATIONS.—The Secretary of Defense shall 

19 prescribe regulations for the purposes of this section.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of such chapter is amended by inserting 

22 after the item relating to section 2780 the following new 

23 item:

‘‘2780a. Debt collection: general waiver authority for small amounts owed the 

United States.’’.
397

•HR 4200 PCS 

1 SEC. 1005. REPEAL OF FUNDING RESTRICTIONS CON2 CERNING DEVELOPMENT OF MEDICAL COUN3 TERMEASURES AGAINST BIOLOGICAL WAR4 FARE THREATS. 

5 (a) REPEAL.—Section 2370a of title 10, United 

6 States Code, is repealed. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 139 of such title is amended 

9 by striking the item relating to that section.

10 SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES 

11 FOR FOREIGN CURRENCY FLUCTUATIONS. 

12 (a) SECRETARY OF DEFENSE REPORT.—(1) Not 

13 later than December 1, 2004, the Secretary Defense shall 

14 submit to the Committees on Armed Services of the Sen15 ate and House of Representatives a report on the foreign 

16 currency exchange rate projection used in annual Depart17 ment of Defense budget presentations. 

18 (2) In the report under paragraph (1), the Secretary 

19 shall—

20 (A) identify alternative approaches for selecting 

21 foreign currency exchange rates that would produce 

22 more realistic estimates of amounts required to be 

23 appropriated or otherwise made available for the De24 partment of Defense to accommodate foreign cur25 rency exchange rate fluctuations; 
398

•HR 4200 PCS 

1 (B) address the advantages and disadvantages 

2 of each approach identified pursuant to subpara3 graph (A); 

4 (C) identify the Secretary’s preferred approach 

5 among the alternatives identified pursuant to sub6 paragraph (A) and provide the Secretary’s rationale 

7 for preferring that approach. 

8 (3) In identifying alternative approaches pursuant to 

9 paragraph (2)(A), the Secretary shall examine—

10 (A) approaches used by other Federal depart11 ments and agencies; and 

12 (B) the feasibility of using private economic 

13 forecasting. 

14 (b) COMPTROLLER GENERAL REVIEW AND RE15 PORT.—The Comptroller General of the United States 

16 shall review the report under subsection (a), including the 

17 basis for the Secretary’s conclusions stated in the report, 

18 and shall submit to the Committees on Armed Services 

19 of the Senate and House of Representatives a report con20 taining the Comptroller General’s conclusions with respect 

21 to that report. Such report shall be submitted not later 

22 than January 15, 2005.

23 SEC. 1007. FISCAL YEAR 2004 TRANSFER AUTHORITY. 

24 Section 1001(a)(2) of the National Defense Author25 ization Act for Fiscal Year 2004 (Public Law 108–136; 
399

•HR 4200 PCS 

1 117 Stat. 1582) is amended by striking ‘‘$2,500,000,000’’ 

2 and inserting ‘‘$3,000,000,000’’. 

3 SEC. 1008. REPORT ON AMOUNTS REMITTED AND REIM4 BURSED DURING FISCAL YEAR 2004 UNDER 

5 SECTION 1007 OF PUBLIC LAW 108–136. 

6 Not later than 30 days after the end of fiscal year 

7 2004, the Secretary of Defense shall submit to the con8 gressional defense committees a report on amounts remit9 ted and reimbursed during fiscal year 2004 under section 

10 1007 of the National Defense Authorization Act for Fiscal 

11 Year 2004 (Public Law 108–136; 117 Stat. 1585; 10 

12 U.S.C. 2241 note).

13 Subtitle B—Naval Vessels and 

14 Shipyards

15 SEC. 1011. AUTHORITY FOR AWARD OF CONTRACTS FOR 

16 SHIP DISMANTLING ON NET-COST BASIS. 

17 (a) IN GENERAL.—Chapter 633 of title 10, United 

18 States Code, is amended by inserting after section 7305 

19 the following new section: 

20 ‘‘§ 7305a. Vessels stricken from Naval Vessel Register: 

21 contracts for dismantling on net-cost 

22 basis 

23 ‘‘(a) AUTHORITY FOR NET-COST BASIS CON24 TRACTS.—When the Secretary of the Navy awards a con25 tract for the dismantling of a vessel stricken from the 
400

•HR 4200 PCS 

1 Naval Vessel Register, the Secretary may award the con2 tract on a net-cost basis. 

3 ‘‘(b) RETENTION BY CONTRACTOR OF PROCEEDS OF

4 SALE OF SCRAP AND REUSABLE ITEMS.—When the Sec5 retary awards a contract on a net-cost basis under sub6 section (a), the Secretary shall provide in the contract that 

7 the contractor may retain the proceeds from the sale of 

8 scrap and reusable items removed from the vessel disman9 tled under the contract. 

10 ‘‘(c) DEFINITIONS.—In this section: 

11 ‘‘(1) The term ‘net-cost basis’, with respect to 

12 a contract for the dismantling of a vessel, means 

13 that the amount to be paid to the contractor under 

14 the contract for dismantling and for removal and 

15 disposal of hazardous waste material is discounted 

16 by the offeror’s estimate of the value of scrap and 

17 reusable items that the contractor will remove from 

18 the vessel during performance of the contract. 

19 ‘‘(2) The term ‘scrap’ means personal property 

20 that has no value except for its basic material con21 tent. 

22 ‘‘(3) The term ‘reusable item’ means a demili23 tarized component or a removable portion of a vessel 

24 or equipment that the Secretary of the Navy has 

25 identified as excess to the needs of the Navy but 
401

•HR 4200 PCS 

1 which has potential resale value on the open mar2 ket.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by inserting 

5 after the item relating to section 7305 the following new 

6 item:

‘‘7305a. Vessels stricken from Naval Vessel Register: contracts for dismantling 

on net-cost basis.’’.

7 SEC. 1012. INDEPENDENT STUDY TO ASSESS COST EFFEC8 TIVENESS OF THE NAVY SHIP CONSTRUC9 TION PROGRAM. 

10 (a) STUDY.—The Secretary of Defense shall provide 

11 for a study, to be conducted by an entity independent of 

12 the Department of Defense, of the cost effectiveness of 

13 the ship construction program of the Navy. The purpose 

14 of the study shall be to examine both—

15 (1) a variety of approaches by which the Navy 

16 ship construction program could be made more effi17 cient in the near term; and 

18 (2) a variety of approaches by which, with a na19 tionally integrated effort over the next decade, the 

20 United States shipbuilding industry might be made 

21 competitive globally. 

22 (b) NEAR TERM IMPROVEMENTS IN EFFICIENCY.—

23 With respect to the examination under subsection (a)(1) 

24 of approaches by which the Navy ship construction pro-
402

•HR 4200 PCS 

1 gram could be made more efficient in the near term, the 

2 Secretary shall provide for the entity conducting the 

3 study—

4 (1) to determine, with respect to each approach 

5 so examined, the cost savings that could result from 

6 implementation of that approach over each of the 

7 next 10 years; 

8 (2) to recommend one or more of the ap9 proaches examined under subsection (a)(1) for im10 plementation; and 

11 (3) for each approach recommended under 

12 paragraph (2) for implementation, to develop a con13 cept and implementation plan by which the rec14 ommended improvements could best be phased into 

15 the naval ship construction program. 

16 (c) GLOBAL COMPETITIVENESS OF UNITED STATES

17 SHIPBUILDING INDUSTRY.—With respect to the examina18 tion under subsection (a)(2) of approaches by which, with 

19 a nationally integrated effort over the next decade, the 

20 United States shipbuilding industry might be made com21 petitive globally, the Secretary shall provide for the entity 

22 conducting the study—

23 (1) to develop a plan to modernize the United 

24 States shipbuilding infrastructure within the next 
403

•HR 4200 PCS 

1 decade in order to make the United States ship2 building industry more competitive globally; and 

3 (2) to estimate the resources required to carry 

4 out a modernization plan developed under paragraph 

5 (1). 

6 (d) REPORT.—Not later than June 1, 2005, the Sec7 retary of Defense shall submit to the congressional defense 

8 committees a report providing the results of the study 

9 under subsection (a). The report shall include the matters 

10 specified in subsections (b) and (c).

11 SEC. 1013. AUTHORITY TO TRANSFER SPECIFIED FORMER 

12 NAVAL VESSELS TO CERTAIN FOREIGN COUN13 TRIES. 

14 (a) AUTHORITY TO TRANSFER BY GRANT.—The 

15 Prsident is authorized to transfer vessels to foreign coun16 tries on a grant basis under section 516 of the Foreign 

17 Assistance Act of 1961 (22 U.S.C. 2321j), as follows: 

18 (1) CHILE.—The ‘‘SPRUANCE’’ class de19 stroyer O’BANNON (DD–987) to the Government 

20 of Chile. 

21 (2) PORTUGAL.—The ‘‘OLIVER HAZARD 

22 PERRY’’ class guided missile frigate GEORGE 

23 PHILIP (FFG–12) to the Government of Portugal. 

24 (b) AUTHORITY TO TRANSFER BY SALE.—The Presi25 dent is authorized to transfer on a sale basis under section 
404

•HR 4200 PCS 

1 21 of the Arms Export Control Act (22 U.S.C. 2761) the 

2 ‘‘ANCHORAGE’’ class dock landing ship ANCHORAGE 

3 (LSD–36) to the Taipei Economic and Cultural Rep4 resentative Office in the United States (which is the Tai5 wan instrumentality designated pursuant to section 10(a) 

6 of the Taiwan Relations Act). 

7 (c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

8 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value 

9 of a vessel transferred to another country on a grant basis 

10 under section 516 of the Foreign Assistance Act of 1961 

11 (22 U.S.C. 2321j) pursuant to authority provided by sub12 section (a) shall not be counted for the purposes of sub13 section (g) of that section in the aggregate value of excess 

14 defense articles transferred to countries under that section 

15 in any fiscal year. 

16 (d) COSTS OF TRANSFERS.—Any expense incurred by 

17 the United States in connection with a transfer authorized 

18 by this section shall be charged to the recipient (notwith19 standing section 516(e) of the Foreign Assistance Act of 

20 1961 (22 U.S.C. 2321j (e)) in the case of a transfer au21 thorized to be made on a grant basis under subsection 

22 (a)). 

23 (e) REPAIR AND REFURBISHMENT IN UNITED

24 STATES SHIPYARDS.—To the maximum extent prac25 ticable, the President shall require, as a condition of the 
405

•HR 4200 PCS 

1 transfer of a vessel under this section, that the country 

2 to which the vessel is transferred have such repair or re3 furbishment of the vessel as is needed, before the vessel 

4 joins the naval forces of that country, performed at a ship5 yard located in the United States, including a United 

6 States Navy shipyard. 

7 (f) EXPIRATION OF AUTHORITY.—The authority to 

8 transfer a vessel under this section shall expire at the end 

9 of the two-year period beginning on the date of the enact10 ment of this Act.

11 SEC. 1014. LIMITATION ON LEASING OF FOREIGN-BUILT 

12 VESSELS. 

13 (a) IN GENERAL.—(1) Chapter 141 of title 10, 

14 United States Code, is amended by inserting after section 

15 2401a the following new section:

16 ‘‘§ 2401b. Limitation on lease of foreign-built vessels 

17 ‘‘(a) LIMITATION.—The Secretary of a military de18 partment may not make a contract for a lease or charter 

19 of a vessel for a term of more than 12 months (including 

20 all options to renew or extend the contract) if the hull, 

21 a major component of the hull, or superstructure of the 

22 vessel is constructed in a foreign shipyard. 

23 ‘‘(b) PRESIDENTIAL WAIVER FOR NATIONAL SECU24 RITY INTEREST.—(1) The President may authorize excep25 tions to the limitation in subsection (a) when the President 
406

•HR 4200 PCS 

1 determines that it is in the national security interest of 

2 the United States to do so. 

3 ‘‘(2) The President shall transmit notice to Congress 

4 of any such determination, and no contract may be made 

5 pursuant to the exception authorized until the end of the 

6 30-day period beginning on the date on which the notice 

7 of the determination is received by Congress.’’.

8 (2) The table of sections at the beginning of such 

9 chapter is amended by inserting after the item relating 

10 to section 2401a the following new item:

‘‘2401b. Limitation on lease of foreign-built vessels.’’.

11 (b) EFFECTIVE DATE.—Section 2401b of title 10, 

12 United States Code, as added by subsection (a), shall 

13 apply with respect to contracts entered into after the date 

14 of the enactment of this Act.

15 Subtitle C—Sunken Military Craft 

16 SEC. 1021. PRESERVATION OF TITLE TO SUNKEN MILITARY 

17 CRAFT AND ASSOCIATED CONTENTS. 

18 Right, title, and interest of the United States in and 

19 to any United States sunken military craft shall not be 

20 extinguished by the passage of time, regardless of when 

21 the sunken military craft sank. 

22 SEC. 1022. PROHIBITIONS. 

23 (a) UNAUTHORIZED ACTIVITIES DIRECTED AT

24 SUNKEN MILITARY CRAFT.—No person shall engage in 

25 or attempt to engage in any activity directed at a sunken 
407

•HR 4200 PCS 

1 military craft that disturbs, removes, or injures any sunk2 en military craft, except—

3 (1) as authorized by a permit under this sub4 title; 

5 (2) as authorized by regulations issued under 

6 this subtitle; or 

7 (3) as otherwise authorized by law. 

8 (b) POSSESSION OF SUNKEN MILITARY CRAFT.—No 

9 person may possess, disturb, remove, or injure any sunken 

10 military craft in violation of—

11 (1) this section; or 

12 (2) any prohibition, rule, regulation, ordinance, 

13 or permit that applies under any other applicable 

14 Federal, foreign, or other law. 

15 (c) LIMITATIONS ON APPLICATION.—

16 (1) ACTIONS BY UNITED STATES.—This section 

17 shall not apply to actions taken by, or at the direc18 tion of, the United States. 

19 (2) FOREIGN PERSONS.—This section shall not 

20 apply to any action by a person who is not a citizen, 

21 national, or resident alien of the United States, ex22 cept in accordance with—

23 (A) generally recognized principles of inter24 national law; 
408

•HR 4200 PCS 

1 (B) an agreement between the United 

2 States and the foreign country of which the 

3 person is a citizen; or 

4 (C) in the case of an individual who is a 

5 crew member or other individual on a foreign 

6 vessel or foreign aircraft, an agreement between 

7 the United States and the flag State of the for8 eign vessel or aircraft that applies to the indi9 vidual. 

10 (3) LOAN OF SUNKEN MILITARY CRAFT.—This 

11 section does not prohibit the loan of United States 

12 sunken military craft in accordance with regulations 

13 issued by the Secretary concerned. 

14 SEC. 1023. PERMITS. 

15 (a) IN GENERAL.—The Secretary concerned may 

16 issue a permit authorizing a person to engage in an activ17 ity otherwise prohibited by section 1022 with respect to 

18 a United States military craft, for archaeological, histor19 ical, or educational purposes, in accordance with regula20 tions issued by such Secretary that implement this section. 

21 (b) CONSISTENCY WITH OTHER LAWS.—The Sec22 retary concerned shall require that any activity carried out 

23 under a permit issued by such Secretary under this section 

24 must be consistent with all requirements and restrictions 

25 that apply under any other provision of Federal law. 
409

•HR 4200 PCS 

1 (c) CONSULTATION.—In carrying out this section (in2 cluding the issuance after the date of the enactment of 

3 this Act of regulations implementing this section), the Sec4 retary concerned shall consult with the head of each Fed5 eral agency having authority under Federal law with re6 spect to activities directed at sunken military craft or the 

7 locations of such craft. 

8 SEC. 1024. PENALTIES. 

9 (a) IN GENERAL.—Any person who violates this sub10 title, or any regulation or permit issued under this sub11 title, shall be liable to the United States for a civil penalty 

12 under this section. 

13 (b) ASSESSMENT AND AMOUNT.—The Secretary con14 cerned may assess a civil penalty under this section, after 

15 notice and an opportunity for a hearing, of not more than 

16 $100,000 for each violation. 

17 (c) CONTINUING VIOLATIONS.—Each day of a contin18 ued violation of this subtitle or a regulation or permit 

19 issued under this subtitle shall constitute a separate viola20 tion for purposes of this section. 

21 SEC. 1025. LIABILITY FOR DAMAGES. 

22 (a) IN GENERAL.—Any person who engages in an ac23 tivity in violation of section 1022 or any regulation or per24 mit issued under this subtitle that disturbs, removes, or 

25 injures any United States sunken military craft shall pay 
410

•HR 4200 PCS 

1 the United States enforcement costs and damages result2 ing from such disturbance, removal, or injury. 

3 (b) INCLUDED DAMAGES.—Damages referred to in 

4 subsection (a) may include—

5 (1) the reasonable costs incurred in storage, 

6 restoration, care, maintenance, conservation, and 

7 curation of any sunken military craft that is dis8 turbed, removed, or injured in violation of section 

9 1022 or any regulation or permit issued under this 

10 subtitle; and 

11 (2) the cost of retrieving, from the site where 

12 the sunken military craft was disturbed, removed, or 

13 injured, any information of an archaeological, histor14 ical, or cultural nature. 

15 SEC. 1026. RELATIONSHIP TO OTHER LAWS. 

16 (a) IN GENERAL.—Except to the extent that an ac17 tivity is undertaken as a subterfuge for activities prohib18 ited by this subtitle, nothing in this subtitle is intended 

19 to affect—

20 (1) any activity that is not directed at a sunken 

21 military craft; or 

22 (2) the traditional high seas freedoms of navi23 gation, including—

24 (A) the laying of submarine cables and 

25 pipelines; 
411

•HR 4200 PCS 

1 (B) operation of vessels; 

2 (C) fishing; or 

3 (D) other internationally lawful uses of the 

4 sea related to such freedoms. 

5 (b) INTERNATIONAL LAW.—This subtitle and any 

6 regulations implementing this subtitle shall be applied in 

7 accordance with generally recognized principles of inter8 national law and in accordance with the treaties, conven9 tions, and other agreements to which the United States 

10 is a party. 

11 (c) LAW OF FINDS.—The law of finds shall not apply 

12 to any United States sunken military craft, wherever lo13 cated. 

14 (d) LAW OF SALVAGE.—No salvage rights or awards 

15 shall be granted with respect to any sunken military craft 

16 without the express permission of the United States. 

17 (e) LAW OF CAPTURE OR PRIZE.—Nothing in this 

18 subtitle is intended to alter the international law of cap19 ture or prize with respect to sunken military craft. 

20 (f) LIMITATION OF LIABILITY.—Nothing in sections 

21 4281 through 4287 and 4289 of the Revised Statutes (46 

22 U.S.C. App. 181 et seq.) or section 3 of the Act of Feb23 ruary 13, 1893 (chapter 105; 27 Stat. 445; 46 U.S.C. 

24 App. 192), shall limit the liability of any person under this 

25 section. 
412

•HR 4200 PCS 

1 (g) AUTHORITIES OF THE COMMANDANT OF THE

2 COAST GUARD.—Nothing in this subtitle is intended to 

3 preclude or limit the application of any other law enforce4 ment authorities of the Commandant of the Coast Guard. 

5 (h) PRIOR DELEGATIONS, AUTHORIZATIONS, AND

6 RELATED REGULATIONS.—Nothing in this subtitle shall 

7 invalidate any prior delegation, authorization, or related 

8 regulation that is consistent with this subtitle. 

9 (i) CRIMINAL LAW.—Nothing in this subtitle is in10 tended to prevent the United States from pursuing crimi11 nal sanctions for plundering of wrecks, larceny of Govern12 ment property, or violation of any applicable criminal law. 

13 SEC. 1027. ENCOURAGEMENT OF AGREEMENTS WITH FOR14 EIGN COUNTRIES. 

15 The Secretary of State, in consultation with the Sec16 retary of Defense, is encouraged to negotiate and conclude 

17 bilateral and multilateral agreements with foreign coun18 tries with regard to sunken military craft consistent with 

19 this subtitle. 

20 SEC. 1028. DEFINITIONS. 

21 In this subtitle: 

22 (1) ASSOCIATED CONTENTS.—The term ‘‘asso23 ciated contents’’ means—
413

•HR 4200 PCS 

1 (A) the equipment, cargo, and contents of 

2 a sunken military craft that are within its de3 bris field; and 

4 (B) the remains and personal effects of the 

5 crew and passengers of a sunken military craft 

6 that are within its debris field. 

7 (2) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of a military department. 

9 (3) SUNKEN MILITARY AIRCRAFT.—The term 

10 ‘‘sunken military aircraft’’ means any sunken mili11 tary aircraft that was owned or operated by the 

12 United States when it sank. 

13 (4) SUNKEN MILITARY CRAFT.—The term 

14 ‘‘sunken military craft’’ means any sunken military 

15 vessel, sunken military aircraft, or associated con16 tents, or any portion thereof, the title to which has 

17 not been abandoned or transferred in a manner pre18 scribed by the United States. 

19 (5) SUNKEN MILITARY VESSEL.—The term 

20 ‘‘sunken military vessel’’ means any sunken warship 

21 or naval auxiliary of the United States that is a pub22 lic vessel as that term is used in the Act of March 

23 3, 1925 (chapter 428; 46 U.S.C. App. 781 et seq.), 

24 popularly known as the Public Vessels Act. 
414

•HR 4200 PCS 

1 (6) UNITED STATES CONTIGUOUS ZONE.—The 

2 term ‘‘United States contiguous zone’’ means the 

3 contiguous zone of the United States under Presi4 dential Proclamation 7219, dated September 2, 

5 1999. 

6 (7) UNITED STATES INTERNAL WATERS.—The 

7 term ‘‘United States internal waters’’ means all wa8 ters of the United States on the landward side of the 

9 baseline from which the breadth of the United 

10 States territorial sea is measured. 

11 (8) UNITED STATES TERRITORIAL SEA.—The 

12 term ‘‘United States territorial sea’’ means the wa13 ters of the United States territorial sea under Presi14 dential Proclamation 5928, dated December 27, 

15 1988. 

16 (9) UNITED STATES WATERS.—The term 

17 ‘‘United States waters’’ means United States inter18 nal waters, the United States territorial sea, and the 

19 United States contiguous zone. 
415

•HR 4200 PCS 

1 Subtitle D—Counter-Drug 

2 Activities

3 SEC. 1031. CONTINUATION OF AUTHORITY TO USE DEPART4 MENT OF DEFENSE FUNDS FOR UNIFIED 

5 COUNTERDRUG AND COUNTERTERRORISM 

6 CAMPAIGN IN COLOMBIA. 

7 (a) AUTHORITY TO PROVIDE ASSISTANCE.—During 

8 fiscal years 2005 and 2006, the Secretary of Defense may 

9 use funds made available to the Department of Defense 

10 for drug interdiction and counter-drug activities to provide 

11 assistance to the Government of Colombia—

12 (1) to support a unified campaign against nar13 cotics trafficking in Colombia; 

14 (2) to support a unified campaign against ac15 tivities by designated terrorist organizations, such as 

16 the Revolutionary Armed Forces of Colombia 

17 (FARC), the National Liberation Army (ELN), and 

18 the United Self-Defense Forces of Colombia (AUC); 

19 and 

20 (3) to take actions to protect human health and 

21 welfare in emergency circumstances, including un22 dertaking rescue operations. 

23 (b) RELATION TO OTHER ASSISTANCE AUTHOR24 ITY.—The authority provided by subsection (a) is in addi-
416

•HR 4200 PCS 

1 tion to other provisions of law authorizing the provision 

2 of assistance to the Government of Colombia.

3 SEC. 1032. LIMITATION ON NUMBER OF UNITED STATES 

4 MILITARY PERSONNEL IN COLOMBIA. 

5 (a) LIMITATION.—None of the funds available to the 

6 Department of Defense for any fiscal year may be used 

7 to support or maintain more than 500 members of the 

8 Armed Forces on duty in the Republic of Colombia at any 

9 time. 

10 (b) EXCLUSION OF CERTAIN MEMBERS.—For pur11 poses of determining compliance with the limitation in 

12 subsection (a), the Secretary of Defense may exclude the 

13 following military personnel: 

14 (1) A member of the Armed Forces in the Re15 public of Colombia for the purpose of rescuing or re16 trieving United States military or civilian Govern17 ment personnel, except that the period for which 

18 such a member may be so excluded may not exceed 

19 30 days unless expressly authorized by law. 

20 (2) A member of the Armed Forces assigned to 

21 the United States Embassy in Colombia as an 

22 attache ́, as a member of the security assistance of23 fice, or as a member of the Marine Corps security 

24 contingent. 
417

•HR 4200 PCS 

1 (3) A member of the Armed Forces in Colombia 

2 to participate in relief efforts in responding to a nat3 ural disaster. 

4 (4) Nonoperational transient military personnel. 

5 (5) A member of the Armed Forces making a 

6 port call from a military vessel in Colombia. 

7 Subtitle E—Reports

8 SEC. 1041. STUDY OF CONTINUED REQUIREMENT FOR TWO9 CREW MANNING FOR BALLISTIC MISSILE 

10 SUBMARINES. 

11 (a) STUDY AND DETERMINATION.—The Secretary of 

12 Defense shall conduct a study of whether the practice of 

13 using two alternating crews (referred to as the ‘‘Gold 

14 Crew’’ and the ‘‘Blue Crew’’) for manning of ballistic mis15 sile submarines (SSBNs) continues to be justified under 

16 the changed circumstances since the end of the Cold War 

17 and, based on that study, shall make a determination of 

18 whether that two-crew manning practice should be contin19 ued or should be modified or terminated. 

20 (b) REPORT.—Not later than six months after the 

21 date of the enactment of this Act, the Secretary shall sub22 mit to the Committees on Armed Services of the Senate 

23 and House of Representatives a report providing notice 

24 of the Secretary’s determination under subsection (a) and 

25 the reasons for that determination.
418

•HR 4200 PCS 

1 SEC. 1042. STUDY OF EFFECT ON DEFENSE INDUSTRIAL 

2 BASE OF ELIMINATION OF UNITED STATES 

3 DOMESTIC FIREARMS MANUFACTURING 

4 BASE. 

5 Not later than 60 days after the date of the enact6 ment of this Act, the Secretary of Defense shall submit 

7 to the congressional defense committees a report describ8 ing in detail the effect on both military readiness and the 

9 defense industrial base that would result from the elimi10 nation of the United States domestic firearms manufac11 turing base. 

12 SEC. 1043. STUDY OF EXTENT AND QUALITY OF TRAINING 

13 PROVIDED TO MEMBERS OF THE ARMED 

14 SERVICES TO PREPARE FOR POST-CONFLICT 

15 OPERATIONS. 

16 (a) STUDY REQUIRED.—The Secretary of Defense 

17 shall conduct a study to determine the extent to which 

18 members of the Armed Forces assigned to duty in support 

19 of contingency operations receive training in preparation 

20 for post-conflict operations and to evaluate the quality of 

21 such training 

22 (b) MATTERS INCLUDED IN STUDY.—As part of the 

23 study under subsection (a), the Secretary shall specifically 

24 evaluate the following: 

25 (1) The doctrine, training, and leader-develop26 ment system necessary to enable members of the 
419

•HR 4200 PCS 

1 Armed Forces to successfully operate in post-conflict 

2 operations. 

3 (2) The adequacy of curricula at military edu4 cational facilities to ensure that the Armed Forces 

5 has a cadre of members skilled in post-conflict du6 ties, foreign languages, and foreign cultures. 

7 (3) The training time and resources available to 

8 members and units to develop cultural awareness 

9 about ethnic backgrounds, religious beliefs, and po10 litical loyalties of the people living in areas in which 

11 the Armed Forces operate. 

12 (4) The organization of the combatant com13 mands to conduct post-conflict operations. 

14 (c) SUBMISSION OF STUDY RESULTS.—Not later 

15 than March 15, 2005, the Secretary of Defense shall sub16 mit to the Committee on Armed Services of the Senate 

17 and the Committee on Armed Services of the House of 

18 Representatives a report containing the results of the 

19 study conducted under this section. 

20 Subtitle F—Security Matters

21 SEC. 1051. USE OF NATIONAL DRIVER REGISTER FOR PER22 SONNEL SECURITY INVESTIGATIONS AND DE23 TERMINATIONS. 

24 Section 30305(b) of title 49, United States Code, is 

25 amended—
420

•HR 4200 PCS 

1 (1) by redesignating paragraphs (9) through 

2 (11) as paragraphs (10) through (12), respectively; 

3 and 

4 (2) by inserting after paragraph (8) the fol5 lowing new paragraph: 

6 ‘‘(9) An individual who has or is seeking access to 

7 national security information for purposes of Executive 

8 Order No. 12968, or any successor Executive order, or 

9 an individual who is being investigated for Federal em10 ployment under authority of Executive Order No. 10450, 

11 or any successor Executive order, may request the chief 

12 driver licensing official of a State to provide information 

13 about the individual pursuant to subsection (a) of this sec14 tion to a Federal department or agency that is authorized 

15 to investigate the individual for the purpose of assisting 

16 in the determination of the eligibility of the individual for 

17 access to national security information or for Federal em18 ployment. A Federal department or agency that receives 

19 such information about an individual may use it in accord20 ance with applicable law.’’. 

21 SEC. 1052. STANDARDS FOR DISQUALIFICATION FROM ELI22 GIBILITY FOR DEPARTMENT OF DEFENSE SE23 CURITY CLEARANCE. 

24 (a) DISQUALIFIED PERSONS.—Subsection (c)(1) of 

25 section 986 of title 10, United States Code, is amended—
421

•HR 4200 PCS 

1 (1) by striking ‘‘and’’ and inserting ‘‘, was’’; 

2 and 

3 (2) and inserting before the period at the end 

4 the following: ‘‘, and was incarcerated as a result of 

5 that sentence for not less than one year’’. 

6 (b) WAIVER AUTHORITY.—Subsection (d) of such 

7 section is amended to read as follows: 

8 ‘‘(d) WAIVER AUTHORITY.—In a meritorious case, an 

9 exception to the prohibition in subsection (a) may be au10 thorized for a person described in paragraph (1) or (4) 

11 of subsection (c) if there are mitigating factors. Any such 

12 waiver may be authorized only in accordance with stand13 ards and procedures prescribed by, or under the authority 

14 of, an Executive orders or other guidance issued by the 

15 President.’’.

16 Subtitle G—Transportation-Related 

17 Matters

18 SEC. 1061. USE OF MILITARY AIRCRAFT TO TRANSPORT 

19 MAIL TO AND FROM OVERSEAS LOCATIONS. 

20 (a) AUTHORITY FOR USE OF MILITARY AIRCRAFT.—

21 Section 3401 of title 39, United States Code, is amend22 ed—

23 (1) in subsection (b)—

24 (A) in the matter preceding paragraph 

25 (1)(A), by striking ‘‘title 49,’’ and inserting 
422

•HR 4200 PCS 

1 ‘‘title 49, or on military aircraft at rates not to 

2 exceed those so fixed and determined for sched3 uled United States air carriers,’’; and 

4 (B) in the sentence following paragraph 

5 (3), by striking ‘‘carriers’’ each place it appears 

6 and inserting ‘‘carriers and military aircraft’’; 

7 and 

8 (2) in subsection (c)—

9 (A) in the first sentence, by striking ‘‘title 

10 49,’’ and inserting ‘‘title 49, or on military air11 craft at rates not to exceed those so fixed and 

12 determined for scheduled United States air car13 riers,’’; and 

14 (B) in the second sentence—

15 (i) by inserting ‘‘and military air16 craft’’ after ‘‘carriers’’ the first place it ap17 pears; and 

18 (ii) by striking ‘‘by air carriers other 

19 than scheduled United States air carriers’’ 

20 and inserting ‘‘by other than scheduled 

21 United States air carriers and military air22 craft’’. 

23 (b) DEFINITION.—Such section is further amended 

24 by adding at the end the following new subsection: 
423

•HR 4200 PCS 

1 ‘‘(g) In this section, the term ‘military aircraft’ 

2 means an aircraft owned, operated, or chartered by the 

3 Department of Defense.’’.

4 SEC. 1062. REORGANIZATION AND CLARIFICATION OF CER5 TAIN PROVISIONS RELATING TO CONTROL 

6 AND SUPERVISION OF TRANSPORTATION 

7 WITHIN THE DEPARTMENT OF DEFENSE. 

8 (a) TRANSFER OF CERTAIN TRANSPORTATION AU9 THORITIES.—Sections 4744, 4745, 4746, and 4747 of 

10 title 10, United States Code, are transferred to chapter 

11 157 of such title, inserted (in that order) at the end of 

12 such chapter, and redesignated as sections 2648, 2649, 

13 2650, and 2651, respectively. 

14 (b) CLARIFICATION OF APPLICABILITY OF TRANS15 FERRED AUTHORITIES THROUGHOUT THE DEPARTMENT

16 OF DEFENSE.—(1) Section 2648 of such title, as trans17 ferred and redesignated by subsection (a), is amended—

18 (A) by striking ‘‘Secretary of the Army’’ in the 

19 matter preceding paragraph (1) and inserting ‘‘Sec20 retary of Defense’’; 

21 (B) by striking ‘‘Army transport agencies’’ in 

22 the matter preceding paragraph (1) and all that fol23 lows through ‘‘military transport agency of’’; and 

24 (C) by striking paragraphs (1), (2), and (3); 
424

•HR 4200 PCS 

1 (D) by redesignating paragraph (4), (5), (6), 

2 and (7) as paragraphs (1), (2), (3), and (4), respec3 tively; 

4 (E) by redesignating paragraph (8) as para5 graph (5) and in that paragraph striking ‘‘persons 

6 described in clauses (1), (2), (4), (5), and (7)’’ and 

7 inserting ‘‘members of the armed forces, officers and 

8 employees of the Department of Defense or the 

9 Coast Guard, and persons described i paragraphs 

10 (1), (2), and (4)’’; and 

11 (F) by striking ‘‘clause (7) or (8)’’ in the last 

12 sentence and inserting ‘‘paragraph (4) or (5)’’. 

13 (2) Section 2649 of such title, as transferred and re14 designated by subsection (a), is amended—

15 (A) by striking the section heading and insert16 ing the following: 

17 ‘‘§ 2649. Civilian passengers and commercial cargoes: 

18 transportation on Department of Defense 

19 vessels’’; 

20 (B) by striking ‘‘(1) on vessels’’ and all that 

21 follows through ‘‘Department of the Army’’; 

22 (C) by striking ‘‘any transport agency of’’; and 

23 (D) by striking ‘‘Secretary of the Army’’ and all 

24 that follows through ‘‘be transported’’ and inserting 

25 ‘‘Secretary of Defense, be transported’’. 
425

•HR 4200 PCS 

1 (3) Section 2650 of such title, as transferred and re2 designated by subsection (a), is amended—

3 (A) in the matter preceding paragraph (1), by 

4 striking ‘‘Army transport agencies’’ and all that fol5 lows through ‘‘military transport agency of’’; 

6 (B) in paragraph (1), by striking ‘‘Secretary of 

7 the Army’’ and inserting ‘‘Secretary of Defense’’; 

8 and 

9 (C) in paragraph (4), by striking ‘‘by air—’’ 

10 and all that follows through ‘‘the transportation can11 not’’ and inserting ‘‘by air, the transportation can12 not’’. 

13 (4) Section 2651 of such title, as transferred and re14 designated by subsection (a), is amended by striking 

15 ‘‘Army transport agencies’’ and all that follows and insert16 ing ‘‘the Department of Defense, under regulations and 

17 at rates to be prescribed by the Secretary of Defense.’’. 

18 (c) REPEAL OF SUPERSEDED AND OBSOLETE PROVI19 SIONS.—The following sections of such title are repealed: 

20 sections 4741, 4743, 9741, 9743, and 9746. 

21 (d) CLERICAL AMENDMENTS.—

22 (1) The table of sections at the beginning of 

23 chapter 157 of such title is amended by adding at 

24 the end the following new items:

‘‘2648. Persons and supplies: sea transportation. 

‘‘2649. Civilian passengers and commercial cargoes: transportation on Department of Defense vessels. 
426

•HR 4200 PCS 

‘‘2650. Civilian personnel in Alaska. 

‘‘2651. Passengers and merchandise to Guam: sea transport.’’.

1 (2) The table of sections at the beginning of 

2 chapter 447 of such title is amended by striking the 

3 items relating to sections 4741, 4743, 4744, 4745, 

4 4746, and 4747. 

5 (3) The table of sections at the beginning of 

6 chapter 947 of such title is amended by striking the 

7 items relating to sections 9741, 9743, and 9746.

8 SEC. 1063. DETERMINATION OF WHETHER PRIVATE AIR 

9 CARRIERS ARE CONTROLLED BY UNITED 

10 STATES CITIZENS FOR PURPOSES OF ELIGI11 BILITY FOR GOVERNMENT CONTRACTS FOR 

12 TRANSPORTATION OF PASSENGERS OR SUP13 PLIES. 

14 Section 2710 of the Emergency Wartime Supple15 mental Appropriations Act, 2003 (Public Law 108–11; 

16 117 Stat. 601), is amended by adding at the end the fol17 lowing new sentence: ‘‘Any determination for purposes of 

18 this section of whether (in accordance with the first pro19 viso of this section) an air carrier is effectively controlled 

20 by citizens of the United States shall be made by, or shall 

21 be based on determinations made by, the Secretary of 

22 Transportation.’’.
427

•HR 4200 PCS 

1 SEC. 1064. EVALUATION OF WHETHER TO PROHIBIT CER2 TAIN OFFERS FOR TRANSPORTATION OF SE3 CURITY-SENSITIVE CARGO. 

4 (a) EVALUATION REQUIREMENT.—The Secretary of 

5 Defense shall evaluate whether, and under what cir6 cumstances, in the award of service contracts for domestic 

7 freight transportation for security-sensitive cargo (such as 

8 arms, ammunitions, explosive, and classified material), the 

9 Secretary should not consider an offer or tender from 

10 more than one motor carrier that is part of a group of 

11 motor carriers under common financial or administrative 

12 control. In conducting the evaluation, the Secretary shall 

13 seek industry comment. 

14 (b) REPORT.—Not later than January 1, 2005, the 

15 Secretary of Defense shall submit to the Committees on 

16 Armed Services of the House of Representatives and the 

17 Senate a report on the results of the evaluation conducted 

18 under subsection (a).

19 SEC. 1065. PHASED IMPLEMENTATION OF NEW PROGRAM 

20 FOR TRANSPORTING HOUSEHOLD GOODS OF 

21 MEMBERS OF THE ARMED FORCES. 

22 The Secretary of Defense may not implement the new 

23 program for the transportation of household goods of 

24 members of the Armed Forces and their dependents be25 yond phase I of the program, which includes the testing 

26 of electronic bill processing at 14 sites, until the Secretary 
428

•HR 4200 PCS 

1 submits to Congress a report evaluating whether Phase 

2 I met its objectives and whether it is in the best interest 

3 of the Department of Defense and members of the Armed 

4 Forces to move forward to Phase II of the program.

5 Subtitle H—Other Matters

6 SEC. 1071. TWO-YEAR EXTENSION OF AUTHORITY OF THE 

7 SECRETARY OF DEFENSE TO ENGAGE IN 

8 COMMERCIAL ACTIVITIES AS SECURITY FOR 

9 INTELLIGENCE COLLECTION ACTIVITIES 

10 ABROAD. 

11 Section 431(a) of title 10, United States Code, is 

12 amended by striking ‘‘December 31, 2004’’ and inserting 

13 ‘‘December 31, 2006’’.

14 SEC. 1072. ASSISTANCE FOR STUDY OF FEASIBILITY OF BI15 ENNIAL INTERNATIONAL AIR TRADE SHOW 

16 IN THE UNITED STATES AND FOR INITIAL IM17 PLEMENTATION. 

18 (a) ASSISTANCE FOR COMMUNITY FEASIBILITY

19 STUDY.—(1) The Secretary of Defense shall provide as20 sistance to a community selected under subsection (d) for 

21 expenses of a study by that community of the feasibility 

22 of the establishment and operation of a biennial inter23 national air trade show in the area of that community. 

24 (2) The Secretary shall provide for the community 

25 to submit to the Secretary a report containing the results 
429

•HR 4200 PCS 

1 of the study not later than September 30, 2005. The Sec2 retary shall promptly submit the report to Congress, to3 gether with such comments on the report as the Secretary 

4 considers appropriate. 

5 (b) ASSISTANCE FOR IMPLEMENTATION.—If the 

6 community conducting the study under subsection (a) de7 termines that the establishment and operation of such an 

8 air show is feasible and should be implemented, the Sec9 retary shall provide assistance to the community for the 

10 initial expenses of implementing such an air show in the 

11 selected community. 

12 (c) AMOUNT OF ASSISTANCE.—The amount of assist13 ance provided by the Secretary under subsections (a) and 

14 (b)—

15 (1) may not exceed a total of $1,000,000, to be 

16 derived from amounts available for operation and 

17 maintenance for the Air Force for fiscal year 2005 

18 or later fiscal years; and 

19 (2) may not exceed one-half of the cost of the 

20 study and may not exceed one-half the cost of such 

21 initial implementation. 

22 (d) SELECTION OF COMMUNITY.—The Secretary 

23 shall select a community for purposes of subsection (a) 

24 through the use of competitive procedures. In making such 

25 selection, the Secretary shall give preference to those com-
430

•HR 4200 PCS 

1 munities that already sponsor an air show, have dem2 onstrated a history of supporting air shows with local re3 sources, and have a significant role in the aerospace com4 munity. The community shall be selected not later than 

5 March 1, 2005.

6 SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS. 

7 (a) CLARIFICATION OF DEFINITION OF ‘‘OPER8 ATIONAL RANGE’’.—Section 101(e)(3) of title 10, United 

9 States Code, is amended by striking ‘‘Secretary of De10 fense’’ and inserting ‘‘Secretary of a military depart11 ment’’. 

12 (b) AMENDMENTS RELATING TO DEFINITION OF

13 CONGRESSIONAL DEFENSE COMMITTEES.—

14 (1) Chapter 169 of such title is amended as fol15 lows: 

16 (A) Paragraph (4) of section 2801(c) is 

17 amended to read as follows: 

18 ‘‘(4) The term ‘congressional defense commit19 tees’ includes, with respect to any project to be car20 ried out by, or for the use of, an intelligence compo21 nent of the Department of Defense—

22 ‘‘(A) the Permanent Select Committee on 

23 Intelligence of the House of Representatives; 

24 and 
431

•HR 4200 PCS 

1 ‘‘(B) the Select Committee on Intelligence 

2 of the Senate.’’. 

3 (B) The following sections are amended by 

4 striking ‘‘appropriate committees of Congress’’ 

5 each place it appears and inserting ‘‘congres6 sional defense committees’’: sections 2803(b), 

7 2804(b), 2805(b)(2), 2806(c)(2), 2807(b), 

8 2807(c), 2808(b), 2809(f)(1), 2811(d), 

9 2812(c)(1)(A), 2813(c), 2814(a)(2)(A), 

10 2814(g)(1), 2825(b)(1), 2827(b), 2828(f), 

11 2835(g), 2836(f), 2837(c)(2), 2853(c)(2), 

12 2854(b), 2854a(c)(1), 2865(e)(2), 2866(c)(2), 

13 2875(e), 2881a(d)(2), 2881a(e), 2883(f), and 

14 2884(a). 

15 (2) Section 2215 is amended—

16 (A) by striking ‘‘(a) CERTIFICATION RE17 QUIRED.—’’; 

18 (B) by striking ‘‘congressional committees 

19 specified in subsection (b)’’ and inserting ‘‘con20 gressional defense committees’’; and 

21 (C) by striking subsection (b). 

22 (3) Section 2306b(g) is amended by striking 

23 ‘‘Committee on’’ the first place it appears and all 

24 that follows through ‘‘House of Representatives’’ 

25 and inserting ‘‘congressional defense committees’’. 
432

•HR 4200 PCS 

1 (4) Section 2515(d) is amended—

2 (A) by striking ‘‘(1)’’ before ‘‘The Sec3 retary’’; 

4 (B) by striking ‘‘congressional committees 

5 specified in paragraph (2)’’ and inserting ‘‘con6 gressional defense committees’’; and 

7 (C) by striking paragraph (2). 

8 (5) Section 2676(d) is amended by striking 

9 ‘‘appropriate committees of Congress’’ at the end of 

10 the first sentence and inserting ‘‘congressional de11 fense committees’’. 

12 (6) Section 2694a is amended by striking ‘‘ap13 propriate committees of Congress’’ in subsections (e) 

14 and (i)(1) and inserting ‘‘congressional defense com15 mittees’’. 

16 (c) AMENDMENTS RELATING TO DEFINITION OF

17 BASE CLOSURE LAWS.—

18 (1) Section 2694a(i) of title 10, United States 

19 Code, is amended by striking paragraph (2). 

20 (2) Paragraph (1) of section 1333(i) of the Na21 tional Defense Authorization Act for Fiscal Year 

22 1994 (Public Law 103–160; 10 U.S.C. 2701 note) 

23 is amended to read as follows: 
433

•HR 4200 PCS 

1 ‘‘(1) BASE CLOSURE LAW.—The term ‘base clo2 sure law’ has the meaning given such term in section 

3 101(a)(17) of title 10, United States Code.’’. 

4 (3) Subsection (b) of section 2814 of the Mili5 tary Construction Authorization Act for Fiscal Year 

6 1995 (division B of Public Law 103–337; 10 U.S.C. 

7 2687 note) is amended to read as follows: 

8 ‘‘(b) BASE CLOSURE LAW DEFINED.—In this sec9 tion, the term ‘base closure law’ has the meaning given 

10 such term in section 101(a)(17) of title 10, United States 

11 Code.’’. 

12 (4) Subsection (c) of section 3341 of title 5, 

13 United States Code, is amended to read as follows: 

14 ‘‘(c) For purposes of this section, the term ‘base clo15 sure law’ has the meaning given such term in section 

16 101(a)(17) of title 10.’’. 

17 (5)(A) Paragraph (1) of section 554(a) of title 

18 40, United States Code, is amended to read as fol19 lows: 

20 ‘‘(1) BASE CLOSURE LAW.—The term ‘base clo21 sure law’ has the meaning given that term in section 

22 101(a)(17) of title 10.’’. 

23 (B) Subparagraph (B) of section 572(b)(1) of 

24 title 40 is amended to read as follows: 
434

•HR 4200 PCS 

1 ‘‘(B) BASE CLOSURE LAW.—The term 

2 ‘base closure law’ has the meaning given that 

3 term in section 101(a)(17) of title 10.’’. 

4 (d) DEFINITION OF STATE FOR PURPOSES OF SEC5 TION 2694A.—Subsection (i) of section 2694a of title 10, 

6 United States Code, as amended by subsections (b)(6) and 

7 (c)(1), is further amended—

8 (1) by inserting after paragraph (1) the fol9 lowing new paragraph (2): 

10 ‘‘(2) The term ‘State’ includes the District of 

11 Columbia, the Commonwealth of Puerto Rico, the 

12 Commonwealth of the Northern Mariana Islands, 

13 Guam, the Virgin Islands, and American Samoa.’’; 

14 and 

15 (2) by striking paragraph (4). 

16 (e) MISCELLANEOUS AMENDMENTS TO TITLE 10, 

17 UNITED STATES CODE.—Title 10, United States Code, is 

18 amended as follows: 

19 (1) The tables of chapters at the beginning of 

20 subtitle A, and at the beginning of part I of subtitle 

21 A, are amended by striking ‘‘481’’ in the item relat22 ing to chapter 23 and inserting ‘‘480’’. 

23 (2) Section 130a is amended—

24 (A) by striking ‘‘Effective October 1, 2002, 

25 the’’ in subsection (a) and inserting ‘‘The’’; 
435

•HR 4200 PCS 

1 (B) by striking ‘‘baseline number’’ in sub2 section (a) and all that follows through ‘‘means 

3 the’’ in subsection (c); 

4 (C) by transferring subsection (e) so as to 

5 appear before subsection (d) and redesignating 

6 that subsection as subsection (b); 

7 (D) by redesignating subsections (d) and 

8 (f) as subsection (c) and (d), respectively; and 

9 (E) by striking subsection (g). 

10 (3) Section 437(c) is amended by inserting ‘‘(50 

11 U.S.C. 415b)’’ after ‘‘National Security Act of 

12 1947’’. 

13 (4) Section 487(d) is amended by striking 

14 ‘‘OTHER DEFINITIONS’’ and inserting ‘‘INAPPLICA15 BILITY TO COAST GUARD’’. 

16 (5) Section 503(c)(1)(B) is amended by striking 

17 ‘‘education’’ in the second sentence and inserting 

18 ‘‘educational’’. 

19 (6) Section 632(c)(1) is amended—

20 (A) by striking ‘‘paragraph (2)’’ and in21 serting ‘‘paragraph (3)’’; and 

22 (B) by striking ‘‘under that paragraph’’ 

23 and inserting ‘‘under that subsection’’. 
436

•HR 4200 PCS 

1 (7) The item relating to section 1076b in the 

2 table of sections at the beginning of chapter 55 is 

3 amended to read as follows:

‘‘1076b. TRICARE program: coverage for members of the Ready Reserve.’’.

4 (8) Section 1108(e) is amended by striking 

5 ‘‘heath’’ and inserting ‘‘health’’. 

6 (9) Section 1406(g) is amended—

7 (A) by striking ‘‘section 305’’ and insert8 ing ‘‘section 245’’; and 

9 (B) by inserting ‘‘(33 U.S.C. 3045)’’ after 

10 ‘‘of 2002’’. 

11 (10) Sections 1448(b)(1)(F), 1448(d)(2)(B), 

12 1448(d)(6)(A), and 1458(j) are amended by striking 

13 ‘‘on or after the date of the enactment of the Na14 tional Defense Authorization Act for Fiscal Year 

15 2004’’ and inserting ‘‘after November 23, 2003,’’. 

16 (11) Sections 1463(a), 1465(c)(1)(A), 

17 1465(c)(1)(B), 1465(c)(4)(A), 1465(c)(4)(B), and 

18 1466(b)(2)(D) are amended by striking ‘‘1413, 

19 1413a,’’ and inserting ‘‘1413a’’. 

20 (12) Section 1557(b) is amended by striking 

21 ‘‘Effective October 1, 2002, final’’ and inserting 

22 ‘‘Final’’. 

23 (13) Section 1566 is amended—

24 (A) in subsection (g)(2), by striking ‘‘the 

25 date that is 6 months after the date of the en-
437

•HR 4200 PCS 

1 actment of the Help America Vote Act of 

2 2002’’ in the last sentence and inserting ‘‘April 

3 29, 2003’’; and 

4 (B) in subsections (h), (i)(1), and (i)(3), 

5 by striking ‘‘Armed Forces’’ and inserting 

6 ‘‘armed forces’’. 

7 (14) Sections 1724(d) and 1732(d)(1) are 

8 amended by striking ‘‘its decision’’ in the second 

9 sentence and inserting ‘‘the decision of the Sec10 retary’’. 

11 (15) Section 1761(b) is amended—

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘provide for—’’ and inserting ‘‘pro14 vide for the following:’’; 

15 (B) in paragraphs (1), (2), and (3), by 

16 capitalizing the first letter of the first word; 

17 (C) at the end of paragraphs (1) and (2), 

18 by striking the semicolon and inserting a pe19 riod; 

20 (D) at the end of paragraph (3), by strik21 ing ‘‘; and’’ and inserting a period; and 

22 (E) by striking paragraph (4). 

23 (16) Section 2193b(c)(2) is amended by strik24 ing ‘‘the date of the enactment of this section’’ and 

25 inserting ‘‘October 5, 1999’’. 
438

•HR 4200 PCS 

1 (17) Section 2224(c) is amended in the matter 

2 preceding paragraph (1) by striking ‘‘subtitle II of 

3 chapter 35’’ and inserting ‘‘subchapter II of chapter 

4 35’’. 

5 (18) Section 2349(d) is amended by striking 

6 ‘‘section 2350a(i)(3)’’ and inserting ‘‘section 

7 2350a(i)(2)’’. 

8 (19) Section 2350b(g) is amended—

9 (A) in the matter preceding paragraph (1), 

10 by inserting ‘‘the Secretary of Defense’’ after 

11 ‘‘authorizing’’; and 

12 (B) in paragraph (1), by striking ‘‘the Sec13 retary of Defense’’. 

14 (20) Section 2540(b)(2) is amended by insert15 ing ‘‘, as in effect on that date’’ before the period 

16 at the end. 

17 (21) Section 2662(a)(2) is amended—

18 (A) in the first sentence, by striking ‘‘must 

19 include a summarization’’ and inserting ‘‘shall 

20 include a summary’’; and 

21 (B) in the second sentence, by inserting 

22 ‘‘of paragraph (1)’’ after ‘‘in subparagraph 

23 (E)’’. 

24 (22) Section 2672a(a) is amended—
439

•HR 4200 PCS 

1 (A) in the matter preceding paragraph (1), 

2 by inserting ‘‘in any case in which the Secretary 

3 determines’’ after ‘‘in land’’; 

4 (B) in paragraph (1), by striking ‘‘the Sec5 retary determines’’ and inserting ‘‘the acquisi6 tion’’; and 

7 (C) in paragraph (2), by inserting ‘‘the ac8 quisition’’ after ‘‘(2)’’. 

9 (23) Section 2701 is amended—

10 (A) in subsection (a)(2), by inserting ‘‘(42 

11 U.S.C. 9620)’’ before the period at the end; 

12 (B) in subsection (c)(2), by striking ‘‘of 

13 CERCLA (relating to settlements)’’ and insert14 ing ‘‘(relating to settlements) of CERCLA (42 

15 U.S.C. 9622)’’; 

16 (C) in subsection (e), by inserting ‘‘(42 

17 U.S.C. 9619)’’ after ‘‘CERCLA’’; and 

18 (D) in subsection (j)(2), by striking ‘‘the 

19 Comprehensive’’ and all the follows through ‘‘of 

20 1980’’ and inserting ‘‘CERCLA’’. 

21 (24) Section 2702 is amended by inserting ‘‘(42 

22 U.S.C. 9660(a)(5))’’ in the second sentence of sub23 section (a) before the period at the end. 

24 (25) Section 2703(b) is amended by striking 

25 ‘‘The terms’’ at the beginning of the second sentence 
440

•HR 4200 PCS 

1 and inserting ‘‘For purposes of the preceding sen2 tence, the terms’’. 

3 (26) Section 2704 is amended by inserting ‘‘(42 

4 U.S.C. 9604(i))’’ in subsections (c), (e), and (f) 

5 after ‘‘CERCLA’’. 

6 (27) The second section 3755, added by section 

7 543(b)(1) of the Bob Stump National Defense Au8 thorization Act for Fiscal Year 2003 (Public Law 

9 107–314; 116 Stat. 2549), is redesignated as section 

10 3756, and the item relating to that section in the 

11 table of sections at the beginning of chapter 357 is 

12 revised to reflect such redesignation. 

13 (28) Section 4689 is amended by striking 

14 ‘‘Building’’ after ‘‘Capitol’’. 

15 (29) The second section 6257, added by section 

16 543(c)(1) of the Bob Stump National Defense Au17 thorization Act for Fiscal Year 2003 (Public Law 

18 107–314; 116 Stat. 2549), is redesignated as section 

19 6258, and the item relating to that section in the 

20 table of sections at the beginning of chapter 567 is 

21 revised to reflect such redesignation. 

22 (30) Section 7102 is amended—

23 (A) by striking ‘‘AUTHORITY’’ at the begin24 ning of subsection (a) and inserting ‘‘MASTER

25 OF MILITARY STUDIES’’; 
441

•HR 4200 PCS 

1 (B) by striking ‘‘MARINE CORPS WAR

2 COLLEGE’’ at the beginning of subsection (b) 

3 and inserting ‘‘MASTER OF STRATEGIC STUD4 IES’’; 

5 (C) by striking ‘‘COMMAND AND STAFF

6 COLLEGE OF THE MARINE CORPS UNIVER7 SITY’’ at the beginning of subsection (c) and in8 serting ‘‘MASTER OF OPERATIONAL STUDIES’’; 

9 and 

10 (D) by striking ‘‘subsections (a) and (b)’’ 

11 in subsection (d) and inserting ‘‘this section’’. 

12 (31) Section 8084 is amended by striking 

13 ‘‘capabilty’’ and inserting ‘‘capability’’. 

14 (32) The second section 8755, added by section 

15 543(d)(1) of the Bob Stump National Defense Au16 thorization Act for Fiscal Year 2003 (Public Law 

17 107–314; 116 Stat. 2550), is redesignated as section 

18 8756, and the item relating to that section in the 

19 table of sections at the beginning of chapter 857 is 

20 revised to reflect such redesignation. 

21 (33) The table in section 12012(a) is amended 

22 by inserting a colon after ‘‘Air National Guard’’. 

23 (f) TITLE 37, UNITED STATES CODE.—Section 

24 323(h) of title 37, United States Code, is amended by 
442

•HR 4200 PCS 

1 striking ‘‘Secretary of Transportation’’ and inserting 

2 ‘‘Secretary of Homeland Security’’. 

3 (g) PUBLIC LAW 108–136.—Effective as of Novem4 ber 24, 2003, and as if included therein as enacted, the 

5 National Defense Authorization Act for Fiscal Year 2004 

6 (Public Law 108–136) is amended as follows: 

7 (1) Sections 832(a) and 834(a) (117 Stat. 

8 1550) are each amended by striking ‘‘such title’’ and 

9 inserting ‘‘title 10, United States Code,’’

10 (2) Section 931(a)(1) (117 Stat. 1580) is 

11 amended by striking ‘‘and donations’’ in the first 

12 quoted matter and inserting ‘‘or donations’’. 

13 (3) Section 2204(b) (117 Stat. 1706) is amend14 ed by striking ‘‘section 2101(a)’’ each place it ap15 pears and inserting ‘‘section 2201(a)’’. 

16 (h) PUBLIC LAW 107–314.—Effective as of Decem17 ber 2, 2002, and as if included therein as enacted, section 

18 1064(a)(2) of the Bob Stump National Defense Author19 ization Act for Fiscal Year 2003 (Public Law 107–314; 

20 116 Stat. 2654) is amended by inserting ‘‘the item relat21 ing to’’ after ‘‘is amended by inserting after’’. 

22 (i) PUBLIC LAW 101–510.—Section 2902(e)(2)(B) of 

23 the Defense Base Closure and Realignment Act of 1990 

24 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

25 2687 note) is amended—
443

•HR 4200 PCS 

1 (1) in clause (i), by striking ‘‘Subcommittee on 

2 Readiness, Sustainability, and Support’’ and insert3 ing ‘‘Subcommittee on Readiness and Management 

4 Support’’; and 

5 (2) in clause (ii), by striking ‘‘Subcommittee on 

6 Military Installations and Facilities’’ and inserting 

7 ‘‘Subcommittee on Readiness’’. 

8 (j) NATIONAL SECURITY ACT OF 1947.—Sections 

9 702(a)(6)(B)(iv)(I), 703(a)(6)(B)(iv)(I), and 

10 704(f)(2)(D)(i) of the National Security Act of 1947 are 

11 amended by striking ‘‘responsible records’’ and inserting 

12 ‘‘responsive records’’. 

13 (k) CODIFICATION RELATING TO LEAVE FOR AT14 TENDANCE AT CERTAIN HEARINGS.—Subsection (b) of 

15 section 363 of the Personal Responsibility and Work Op16 portunity Reconciliation Act of 1996 (10 U.S.C. 704 note) 

17 is—

18 (1) transferred to section 704 of title 10, 

19 United States Code; 

20 (2) inserted at the end of that section; 

21 (3) redesignated as subsection (c); and 

22 (4) amended—

23 (A) by striking ‘‘Armed Forces’’ each place 

24 it appears and inserting ‘‘armed forces’’; 

25 (B) in paragraph (1)—
444

•HR 4200 PCS 

1 (i) by striking ‘‘Secretary of each’’ 

2 and all that follows through ‘‘in the Navy,’’ 

3 and inserting ‘‘Secretary concerned’’; and 

4 (ii) by striking ‘‘(as defined in section 

5 101 of title 10, United States Code)’’; and 

6 (C) in paragraph (3)—

7 (i) by striking ‘‘For purposes of this 

8 subsection—’’ and inserting ‘‘In this sub9 section:’’; 

10 (ii) in subparagraph (A), by striking 

11 ‘‘title 10, United States Code’’ and insert12 ing ‘‘this title’’; and 

13 (iii) in subparagraph (B), by striking 

14 ‘‘such term’’ and inserting ‘‘that term’’.

15 SEC. 1074. COMMISSION ON THE LONG-TERM IMPLEMENTA16 TION OF THE NEW STRATEGIC POSTURE OF 

17 THE UNITED STATES. 

18 (a) ESTABLISHMENT OF COMMISSION.—

19 (1) ESTABLISHMENT.—There is hereby estab20 lished a commission to be known as the ‘‘Commis21 sion on the Long-Term Implementation of the New 

22 Strategic Posture of the United States’’. The Sec23 retary of Defense shall enter into a contract with a 

24 federally funded research and development center to 

25 provide for the organization, management, and sup-
445

•HR 4200 PCS 

1 port of the Commission. Such contract shall be en2 tered into in consultation with the Secretary of En3 ergy. 

4 (2) COMPOSITION.—(A) The Commission shall 

5 be composed of 12 members who shall be appointed 

6 by the Secretary of Defense. In selecting individuals 

7 for appointment to the Commission, the Secretary of 

8 Defense shall consult with the chairman and ranking 

9 minority member of the Committee on Armed Serv10 ices of the Senate and the chairman and ranking mi11 nority member of the Committee on Armed Services 

12 of the House of Representatives. 

13 (B) Members of the Commission shall be ap14 pointed from among private United States citizens 

15 with knowledge and expertise in the political, mili16 tary, operational, and technical aspects of nuclear 

17 strategy. 

18 (3) CHAIRMAN OF THE COMMISSION.—The Sec19 retary of Defense shall designate one of the mem20 bers of the Commission to serve as chairman of the 

21 Commission. 

22 (4) PERIOD OF APPOINTMENT; VACANCIES.—

23 Members shall be appointed for the life of the Com24 mission. Any vacancy in the Commission shall be 
446

•HR 4200 PCS 

1 filled in the same manner as the original appoint2 ment. 

3 (5) SECURITY CLEARANCES.—All members of 

4 the Commission shall hold appropriate security 

5 clearances. 

6 (b) DUTIES OF COMMISSION.—

7 (1) REVIEW OF LONG-TERM IMPLEMENTATION

8 OF THE NUCLEAR POSTURE REVIEW.—The Com9 mission shall examine long-term programmatic re10 quirements to achieve the goals set forth in the re11 port of the Secretary of Defense submitted to Con12 gress on December 31, 2001, providing the results 

13 of the Nuclear Posture Review conducted pursuant 

14 to section 1041 of the Floyd D. Spence National De15 fense Authorization Act for Fiscal Year 2001 (as en16 acted into law by Public Law 106–398; 114 Stat. 

17 1654, 1654A–262) and results of periodic assess18 ments of the Nuclear Posture Review. Matters ex19 amined by the Commission shall include the fol20 lowing: 

21 (A) The process of establishing require22 ments for strategic forces and how that process 

23 accommodates employment of nonnuclear strike 

24 platforms and munitions in a strategic role. 
447

•HR 4200 PCS 

1 (B) How strategic intelligence, reconnais2 sance, and surveillance requirements differ from 

3 nuclear intelligence, reconnaissance, and sur4 veillance requirements. 

5 (C) The ability of a limited number of 

6 strategic platforms to carry out a growing 

7 range of nonnuclear strategic strike missions. 

8 (D) The limits of tactical systems to per9 form nonnuclear global strategic missions in a 

10 prompt manner. 

11 (E) An assessment of the ability of the 

12 current nuclear stockpile to address the evolving 

13 strategic threat environment through 2025. 

14 (2) RECOMMENDATIONS.—The Commission 

15 shall include in its report recommendations with re16 spect to the following: 

17 (A) Changes to the requirements process 

18 to employ nonnuclear strike platforms and mu19 nitions in a strategic role. 

20 (B) Changes to the nuclear stockpile and 

21 infrastructure required to preserve a nuclear ca22 pability commensurate with the changes to the 

23 strategic threat environment through 2025. 

24 (C) Actions the Secretary of Defense and 

25 the Secretary of Energy can take to preserve 
448

•HR 4200 PCS 

1 flexibility of the defense nuclear comples while 

2 reducing the cost of a Cold War strategic infra3 structure. 

4 (D) Identify shortfalls in the strategic 

5 modernization programs of the United States 

6 that would undermine the ability of the United 

7 States to develop new nonnuclear strategic 

8 strike capabilities. 

9 (3) COOPERATION FROM GOVERNMENT OFFI10 CIALS.—(A) In carrying out its duties, the Commis11 sion shall receive the full and timely cooperation of 

12 the Secretary of Defense, the Secretary of Energy, 

13 and any other United States Government official in 

14 providing the Commission with analyses, briefings, 

15 and other information necessary for the fulfillment 

16 of its responsibilities. 

17 (B) The Secretary of Energy and the Secretary 

18 of Defense shall each designate at least one officer 

19 or employee of the Department of Energy and the 

20 Department of Defense, respectively, to serve as a li21 aison officer between the department and the Com22 mission. 

23 (c) REPORTS.—

24 (1) COMMISSION REPORT.—The Commission 

25 shall submit to the Secretary of Defense and the 
449

•HR 4200 PCS 

1 Committees on Armed Services of the Senate and 

2 House of Representatives a report on the Commis3 sion’s findings and conclusions. Such report shall be 

4 submitted not later that 28 months after the date of 

5 the first meeting of the Commission. 

6 (2) SECRETARY OF DEFENSE RESPONSE.—Not 

7 later than one year after the date on which the Com8 mission submits its report under paragraph (1), the 

9 Secretary of Defense shall submit to Congress a re10 port—

11 (A) commenting on the Commission’s find12 ings and conclusions; and 

13 (B) explaining what actions, if any, the 

14 Secretary intends to take to implement the rec15 ommendations of the Commission and, with re16 spect to each such recommendation, the Sec17 retary’s reasons for implementing, or not imple18 menting, the recommendation. 

19 (d) HEARINGS AND PROCEDURES.—

20 (1) HEARINGS.—The Commission may, for the 

21 purpose of carrying out the purposes of this section, 

22 hold hearings and take testimony. 

23 (2) PROCEDURES.—The federally funded re24 search and development center with which a contract 

25 is entered into under subsection (a)(1) shall be re-
450

•HR 4200 PCS 

1 sponsible for establishing appropriate procedures for 

2 the Commission. 

3 (3) DETAIL OF GOVERNMENT EMPLOYEES.—

4 Upon request of the chairman of the Commission, 

5 the head of any Federal department or agency may 

6 detail, on a nonreimbursable basis, personnel of that 

7 department or agency to the Commission to assist it 

8 in carrying out its duties. 

9 (e) FUNDING.—Funds for activities of the Commis10 sion shall be provided from amounts appropriated for the 

11 Department of Defense. 

12 (f) TERMINATION OF COMMISSION.—The Commis13 sion shall terminate 60 days after the date of the submis14 sion of its report under subsection (c)(1). 

15 (g) IMPLEMENTATION.—

16 (1) FFRDC CONTRACT.—The Secretary of De17 fense shall enter into the contract required under 

18 subsection (a)(1) not later that 60 days after the 

19 date of the enactment of this Act. 

20 (2) FIRST MEETING.—The Commission shall 

21 convene its first meeting not later than 60 days 

22 after the date as of which all members of the Com23 mission have been appointed.
451

•HR 4200 PCS 

1 SEC. 1075. LIABILITY PROTECTION FOR CERTAIN DEPART2 MENT OF DEFENSE VOLUNTEERS WORKING 

3 IN THE MARITIME ENVIRONMENT. 

4 (a) AUTHORITY TO ACCEPT CERTAIN VOLUNTEER

5 SERVICES.—Subsection (a) of section 1588 of title 10, 

6 United States Code, is amended by adding at the end the 

7 following new paragraph: 

8 ‘‘(8) Voluntary services provided to the United 

9 States Military Academy, United States Naval Acad10 emy, and United States Air Force Academy for the 

11 training of cadets and midshipmen.’’. 

12 (b) LIABILITY PROTECTION FOR VOLUNTEERS IN

13 MARITIME ENVIRONMENT.—Subparagraph (D) of sub14 section (d)(1) of such section is amended—

15 (1) by striking ‘‘and’’ after ‘‘this title’’ and in16 serting a comma; and 

17 (2) by inserting before the period at the end the 

18 following: ‘‘, and chapters 20 and 22 of title 46 (re19 lating to claims for damages or loss on navigable wa20 ters)’’. 

21 SEC. 1076. TRANSFER OF HISTORIC F3A-1 BREWSTER COR22 SAIR AIRCRAFT. 

23 (a) AUTHORITY TO CONVEY.—The Secretary of the 

24 Navy may convey, without consideration, to Lex Cralley, 

25 of Princeton Minnesota (in this section referred to as 

26 ‘‘transferee’’), all right, title and interest of the United 
452

•HR 4200 PCS 

1 States in and to a F3A-1 Brewster Corsair aircraft (Bu2 reau Number 04634). The conveyance shall be made by 

3 means of a deed of gift. 

4 (b) CONDITION OF AIRCRAFT.—The aircraft shall be 

5 conveyed under subsection (a) in its current unflyable, ‘‘as 

6 is’’ condition. The Secretary is not required to repair or 

7 alter the condition of the aircraft before conveying owner8 ship of the aircraft. 

9 (c) CONVEYANCE AT NO COST TO THE UNITED

10 STATES.—The conveyance of the aircraft under subsection 

11 (a) shall be made at no cost to the United States. Any 

12 costs associated with the conveyance and costs of oper13 ation and maintenance of the aircraft conveyed shall be 

14 borne by the transferee. 

15 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

16 Secretary may require such additional terms and condi17 tions in connection with a conveyance under this section 

18 as the Secretary considers appropriate to protect the inter19 ests of the United States. 

20 SEC. 1077. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU 

21 OF BORDER SECURITY AND BUREAU OF CITI22 ZENSHIP AND IMMIGRATION SERVICES OF 

23 THE DEPARTMENT OF HOMELAND SECURITY. 

24 (a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE25 FENSE.—Chapter 18 of title 10, United States Code, is 
453

•HR 4200 PCS 

1 amended by inserting after section 374 the following new 

2 section: 

3 ‘‘§ 374a. Assignment of members to assist border pa4 trol and control 

5 ‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission 

6 of a request consistent with subsection (b), the Secretary 

7 of Defense may assign members of the Army, Navy, Air 

8 Force, and Marine Corps to assist—

9 ‘‘(1) the Bureau of Border Security of the De10 partment of Homeland Security in preventing the 

11 entry of terrorists, drug traffickers, and illegal aliens 

12 into the United States; and 

13 ‘‘(2) the United States Customs Service of the 

14 Department of Homeland Security in the inspection 

15 of cargo, vehicles, and aircraft at points of entry 

16 into the United States to prevent the entry of weap17 ons of mass destruction, components of weapons of 

18 mass destruction, prohibited narcotics or drugs, or 

19 other terrorist or drug trafficking items. 

20 ‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment 

21 of members under subsection (a) may occur only if—

22 ‘‘(1) the assignment is at the request of the 

23 Secretary of Homeland Security; and 

24 ‘‘(2) the request is accompanied by a certifi25 cation by the Secretary of Homeland Security that 
454

•HR 4200 PCS 

1 the assignment of members pursuant to the request 

2 is necessary to respond to a threat to national secu3 rity posed by the entry into the United States of ter4 rorists, drug traffickers, or illegal aliens. 

5 ‘‘(c) TRAINING PROGRAM REQUIRED.—The Sec6 retary of Homeland Security and the Secretary of De7 fense, shall establish a training program to ensure that 

8 members receive general instruction regarding issues af9 fecting law enforcement in the border areas in which the 

10 members may perform duties under an assignment under 

11 subsection (a). A member may not be deployed at a border 

12 location pursuant to an assignment under subsection (a) 

13 until the member has successfully completed the training 

14 program. 

15 ‘‘(d) CONDITIONS OF USE.—(1) Whenever a member 

16 who is assigned under subsection (a) to assist the Bureau 

17 of Border Security or the United States Customs Service 

18 is performing duties at a border location pursuant to the 

19 assignment, a civilian law enforcement officer from the 

20 agency concerned shall accompany the member. 

21 ‘‘(2) Nothing in this section shall be construed to—

22 ‘‘(A) authorize a member assigned under sub23 section (a) to conduct a search, seizure, or other 

24 similar law enforcement activity or to make an ar25 rest; and 
455

•HR 4200 PCS 

1 ‘‘(B) supersede section 1385 of title 18 (popu2 larly known as the ‘Posse Comitatus Act’). 

3 ‘‘(e) ESTABLISHMENT OF ONGOING JOINT TASK

4 FORCES.—(1) The Secretary of Homeland Security may 

5 establish ongoing joint task forces if the Secretary of 

6 Homeland Security determines that the joint task force, 

7 and the assignment of members to the joint task force, 

8 is necessary to respond to a threat to national security 

9 posed by the entry into the United States of terrorists, 

10 drug traffickers, or illegal aliens. 

11 ‘‘(2) If established, the joint task force shall fully 

12 comply with the standards as set forth in this section. 

13 ‘‘(f) NOTIFICATION REQUIREMENTS.—The Secretary 

14 of Homeland Security shall provide to the Governor of the 

15 State in which members are to be deployed pursuant to 

16 an assignment under subsection (a) and to local govern17 ments in the deployment area notification of the deploy18 ment of the members to assist the Department of Home19 land Security under this section and the types of tasks 

20 to be performed by the members. 

21 ‘‘(g) REIMBURSEMENT REQUIREMENT.—Section 377 

22 of this title shall apply in the case of members assigned 

23 under subsection (a). 
456

•HR 4200 PCS 

1 ‘‘(h) TERMINATION OF AUTHORITY.—No assignment 

2 may be made or continued under subsection (a) after Sep3 tember 30, 2006.’’. 

4 (b) COMMENCEMENT OF TRAINING PROGRAM.—The 

5 training program required by subsection (c) of section 

6 374a of title 10, United States Code, as added by sub7 section (a), shall be established as soon as practicable 

8 after the date of the enactment of this Act. 

9 (c) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by inserting 

11 after the item relating to section 374 the following new 

12 item:

‘‘374a. Assignment of members to assist border patrol and control.’’.

13 SEC. 1078. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY 

14 SERVICES. 

15 Section 1588 of title 10, United States Code, is 

16 amended—

17 (1) in subsection (a), by adding at the end the 

18 following new paragraph: 

19 ‘‘(8) Voluntary services to support programs of 

20 a committee of the Employer Support of the Guard 

21 and Reserve as authorized by the Secretary of De22 fense.’’; and 

23 (2) in subsection (f)(1), by inserting ‘‘and 

24 (a)(8)’’ before the period at the end.
457

•HR 4200 PCS 

1 SEC. 1079. TRANSFER OF EXCESS DEPARTMENT OF DE2 FENSE PERSONAL PROPERTY SUITABLE FOR 

3 FIREFIGHTING USE TO SUPPORT FEDERAL 

4 EXCESS PERSONAL PROPERTY PROGRAM. 

5 (a) IN GENERAL.—Section 2576b of title 10, United 

6 States Code, is amended—

7 (1) in subsection (a)—

8 (A) by striking ‘‘Subject’’ and inserting 

9 ‘‘Notwithstanding any other provision of law 

10 and subject’’; and 

11 (B) by striking ‘‘a firefighting agency in a 

12 State’’ and inserting ‘‘the United States Forest 

13 Service’’; 

14 (2) in subsections (b)(2) and (c), by striking 

15 ‘‘recipient firefighting agency’’ and inserting ‘‘Forest 

16 Service’; and 

17 (3) by striking subsection (d) and inserting the 

18 following new subsections: 

19 ‘‘(d) PRIORITY FOR RURAL FIREFIGHTING AGEN20 CIES.—(1) Subject to paragraph (2), the Secretary of De21 fense shall enter into an agreement with the Secretary of 

22 Agriculture to use the existing property disposal program 

23 of the Forest Service, known as the Federal Excess Per24 sonal Property Program, to facilitate the reutilization of 

25 Department of Defense personal property described in 

26 subsection (a) by firefighting agencies in rural areas. 
458

•HR 4200 PCS 

1 ‘‘(2) An agreement under paragraph (1) shall not 

2 provide for the reutilization of Department of Defense air3 craft by the Forest Service until the end of the one-year 

4 period beginning on the date on which the Secretary of 

5 Agriculture submits a report to the Committee on Agri6 culture and the Committee on Armed Services of the 

7 House of Representatives and the Committee on Agri8 culture, Nutrition, and Forestry and the Committee on 

9 Armed Services of the Senate detailing measures taken by 

10 the Forest Service in response to National Transportation 

11 Safety Board Recommendations A-04-29 through A-04-

12 33. 

13 ‘‘(3) The transfer of Department of Defense personal 

14 property described in subsection (a) to the Forest Service 

15 for reutilization by firefighting agencies in rural areas 

16 shall be afforded a property disposal priority at least equal 

17 to the priority given the military departments and other 

18 entities within the Department of Defense. 

19 ‘‘(e) DEFINITION OF STATE.—The term ‘State’ in20 cludes the District of Columbia, the Commonwealth of 

21 Puerto Rico, the Commonwealth of the Northern Mariana 

22 Islands, and any territory or possession of the United 

23 States.’’. 

24 (b) CLERICAL AMENDMENTS.—(1) The heading of 

25 such section is amended to read as follows:
459

•HR 4200 PCS 

1 ‘‘§ 2576b. Excess personal property: reutilization to 

2 assist firefighting agencies’’.

3 (2) The table of sections at the beginning of chapter 

4 153 of such title is amended by striking the item relating 

5 to section 2576b and inserting the following new item:

‘‘2576b. Excess personal property: reutilization to assist firefighting agencies.’’.

6 SEC. 1080. EXPANSION OF DEPARTMENT OF DEFENSE EX7 CESS PERSONAL PROPERTY DISPOSAL PRO8 GRAM TO INCLUDE HEALTH AGENCIES. 

9 (a) INCLUSION OF HEALTH AGENCIES.—Section 

10 2576b of title 10, United States Code, is amended by add11 ing at the end the following new subsection: 

12 ‘‘(e) TRANSFER TO STATE HEALTH AGENCIES.—The 

13 Secretary of Defense may expand the program authorized 

14 by this section to include the transfer to State health 

15 agencies of personal property of the Department of De16 fense that the Secretary determines is—

17 ‘‘(1) excess to the needs of the Department of 

18 Defense; and 

19 ‘‘(2) suitable for use in responding to health or 

20 environmental emergencies.’’. 

21 (b) CLERICAL AMENDMENTS.—(1) The heading of 

22 such section is amended to read as follows: 
460

•HR 4200 PCS 

1 ‘‘§ 2576b. Excess personal property: reutilization to 

2 assist firefighting agencies and health 

3 agencies 

4 (2) The table of sections at the beginning of chapter 

5 153 of such title is amended by striking the item relating 

6 to section 2576b and inserting the following new item:

‘‘2576b. Excess personal property: reutilization to assist firefighting agencies 

and health agencies.’’.

7 SEC. 1081. PLACEMENT OF MEMORIAL IN ARLINGTON NA8 TIONAL CEMETERY HONORING NONCITIZENS 

9 KILLED IN THE LINE OF DUTY WHILE SERV10 ING IN THE ARMED FORCES OF THE UNITED 

11 STATES. 

12 (a) IN GENERAL.—The Secretary of the Army shall 

13 place in Arlington National Cemetery a memorial marker 

14 honoring the service and sacrifice of noncitizens killed in 

15 the line of duty while serving in the Armed Forces of the 

16 United States. 

17 (b) APPROVAL OF DESIGN AND SITE.—The Secretary 

18 of the Army, in consultation with Secretary of Veterans 

19 Affairs, shall approve an appropriate design and site with20 in Arlington National Cemetery for the memorial marker 

21 provided for under subsection (a). 

22 (c) USE OF FEDERAL FUNDS.—Federal funds shall 

23 not be required or permitted to be used for the design 
461

•HR 4200 PCS 

1 and construction of the memorial marker provided for 

2 under subsection (a). 

3 (d) AUTHORITY TO ACCEPT DONATIONS.—(1) The 

4 Secretary of the Army may accept gifts and donations of 

5 services, money, and property (including personal, tan6 gible, or intangible property) for the design and construc7 tion of the memorial marker provided for under subsection 

8 (a). 

9 (2) The authority of the Secretary of the Army to 

10 accept gifts and donations under paragraph (1) shall ex11 pire on the date that is five years after the date of the 

12 enactment of this Act.

13 TITLE XI—DEPARTMENT OF 

14 DEFENSE CIVILIAN PERSONNEL 

15 SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BEN16 EFIT PREMIUMS FOR MOBILIZED FEDERAL 

17 EMPLOYEES. 

18 (a) AUTHORITY TO CONTINUE BENEFIT COV19 ERAGE.—Section 8905a of title 5, United States Code is 

20 amended—

21 (1) in subsection (a), by striking ‘‘paragraph 

22 (1) or (2) of’’; 

23 (2) in subsection (b)—

24 (A) in paragraph (1)(B), by striking ‘‘and’’ 

25 at the end; 
462

•HR 4200 PCS 

1 (B) in paragraph (2)(C), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) any employee who—

6 ‘‘(A) is enrolled in a health benefits plan 

7 under this chapter; 

8 ‘‘(B) is a member of a Reserve component 

9 of the armed forces; 

10 ‘‘(C) is called or ordered to active duty in 

11 support of a contingency operation (as defined 

12 in section 101(a)(13) of title 10); 

13 ‘‘(D) is placed on leave without pay or sep14 arated from service to perform active duty; and 

15 ‘‘(E) serves on active duty for a period of 

16 more than 30 consecutive days.’’; and 

17 (4) in subsection (e)(1)—

18 (A) in subparagraph (A), by striking ‘‘or’’ 

19 at the end; 

20 (B) in subparagraph (B), by striking the 

21 period at the end and inserting ‘‘; or’’; and 

22 (C) by adding at the end the following new 

23 subparagraph: 

24 ‘‘(C) in the case of an employee described 

25 in subsection (b)(3), the date which is 24 
463

•HR 4200 PCS 

1 months after the employee is placed on leave 

2 without pay or separated from service to per3 form active duty.’’. 

4 (b) AUTHORITY FOR AGENCIES TO PAY PRE5 MIUMS.—Subparagraph (C) of section 8906(e)(3) of such 

6 title is amended by striking ‘‘18 months’’ and inserting 

7 ‘‘24 months’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply with respect to Federal employees 

10 called or ordered to active duty on or after September 14, 

11 2001.

12 SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY. 

13 Section 1596a of title 10, United States Code, is 

14 amended—

15 (1) in subsection (a)(2), by striking ‘‘during a 

16 contingency operation supported by the armed 

17 forces’’; and 

18 (2) in subsection (c), by inserting before the pe19 riod at the end the following: ‘‘and shall not be con20 sidered base pay for any purpose’’.

21 SEC. 1103. PAY PARITY FOR CIVILIAN INTELLIGENCE PER22 SONNEL. 

23 Section 1602 of title 10, United States Code, is 

24 amended—
464

•HR 4200 PCS 

1 (1) in subsection (a), by striking ‘‘in relation to 

2 the rates of pay provided in subpart D of part III 

3 of title 5 for positions subject to that subpart which 

4 have corresponding levels of duties and responsibil5 ities’’ and inserting ‘‘in relation to the rates of pay 

6 provided for Department of Defense Senior Execu7 tive, Senior Level, and other comparable positions’’; 

8 and 

9 (2) by amending subsection (b) to read as fol10 lows: 

11 ‘‘(b) PERFORMANCE APPRAISAL SYSTEM.—The posi12 tions referred to in subsection (a) shall be subject to a 

13 performance appraisal system which, as designed and ap14 plied, is certified by the Secretary of Defense as making 

15 meaningful distinctions based on relative performance and 

16 may be the same performance appraisal system estab17 lished and implemented within the Department for mem18 bers of the Senior Executive Service.’’.

19 SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN NON20 APPROPRIATED FUND INSTRUMENTALITIES. 

21 (a) IN GENERAL.—Chapter 81 of title 10, United 

22 States Code, is amended by adding at the end the fol23 lowing new section: 
465

•HR 4200 PCS 

1 ‘‘§ 1599e. Senior executive compensation for non2 appropriated fund instrumentalities 

3 ‘‘Notwithstanding any provisions of title 5, the Sec4 retary of Defense may regulate the amount of total com5 pensation, including the rate of basic pay, of senior execu6 tives employed by Department of Defense nonappropriated 

7 fund instrumentalities, to provide for parity with the total 

8 compensation, including basic pay, of Department of De9 fense employees in the Senior Executive Service and other 

10 similar senior executive positions.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of such chapter is amended by inserting 

13 after the item relating to section 1599d the following new 

14 item:

‘‘1599e. Senior executive compensation for nonappropriated fund instrumentalities.’’.

15 SEC. 1105. PROHIBITION OF UNAUTHORIZED WEARING OR 

16 USE OF CIVILIAN MEDALS OR DECORATIONS. 

17 Chapter 57 of title 10, United States Code, is amend18 ed by adding at the end the following new section: 

19 ‘‘§ 1134. Civilian medals or decorations of the Depart20 ment of Defense 

21 ‘‘(a) PROHIBITION.—Except with the written permis22 sion of the Secretary of Defense or when authorized by 

23 regulations, no person may knowingly—

24 ‘‘(1) wear; or 
466

•HR 4200 PCS 

1 ‘‘(2) use, in connection with any merchandise, 

2 retail product, impersonation, solicitation, or com3 mercial activity; 

4 medals, decorations, or other insignia awarded by the Sec5 retary of Defense to recognize Department of Defense ci6 vilian employees and other individuals who render service 

7 to the Department of Defense. 

8 ‘‘(b) AUTHORITY TO ENJOIN VIOLATIONS.—When9 ever it appears to the Attorney General that any person 

10 is engaged or is about to engage in an act or practice 

11 which constitutes or will constitute conduct prohibited by 

12 subsection (a), the Attorney General may initiate a civil 

13 proceeding in a district court of the United States to en14 join such act or practice. Such court shall proceed as soon 

15 as practicable to the hearing and determination of such 

16 action and may, at any time before final determination, 

17 enter such restraining orders or prohibitions, or take such 

18 other actions as is warranted, including imposing a civil 

19 penalty not to exceed $25,000 for each violation, to pre20 vent injury to the United States or to any person or class 

21 of persons for whose protection the action is brought.’’. 

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:

‘‘1134. Civilian medals or decorations of the Department of Defense.’’
467

•HR 4200 PCS 

1 TITLE XII—MATTERS RELATING 

2 TO OTHER NATIONS

3 Subtitle A—Matters Relating to 

4 Iraq, Afghanistan, and Global 

5 War on Terrorism

6 SEC. 1201. DOCUMENTATION OF CONDITIONS IN IRAQ 

7 UNDER FORMER DICTATORIAL GOVERNMENT 

8 AS PART OF TRANSITION TO POST-DICTATO9 RIAL GOVERNMENT. 

10 (a) FINDINGS.—The Congress makes the following 

11 findings: 

12 (1) The regime of Saddam Hussein in Iraq was 

13 a dictatorial regime prone to secrecy in the mainte14 nance of its hold on power. 

15 (2) The people of Iraq all suffered as a result 

16 of Saddam Hussein’s dictatorial control. 

17 (3) Efforts in other post-dictatorial states to 

18 document the crimes and abuses of their predecessor 

19 dictatorial governments have contributed to the 

20 process of national reconciliation and have served as 

21 a reminder about the importance of protecting indi22 vidual rights. 

23 (b) TRANSFER OF CERTAIN DOCUMENTS AND

24 RECORDS.—The Secretary of Defense shall, to the extent 

25 practicable, establish a process for expeditiously transfer-
468

•HR 4200 PCS 

1 ring to indigenous Iraqi entities committed to docu2 menting publicly the nature of the Saddam Hussein re3 gime any documents and records described in subsection 

4 (c) that are obtained by United States military forces in 

5 Iraq. 

6 (c) COVERED DOCUMENTS AND RECORDS.—The doc7 uments and records referred to in subsection (b) are docu8 ments and records—

9 (1) that were created by—

10 (A) the Government of Iraq between 1968 

11 and May 1, 2003; or 

12 (B) the Ba’ath Socialist Party in Iraq 

13 after 1968; and 

14 (2) that provide insight into—

15 (A) the functioning of the Government of 

16 Iraq or the Ba’ath Socialist Party in Iraq; or 

17 (B) the crimes, atrocities, and brutal prac18 tices of the Iraqi government towards the peo19 ple of Iraq during the period between 1968 and 

20 May 1, 2003. 

21 SEC. 1202. SUPPORT OF MILITARY OPERATIONS TO COM22 BAT TERRORISM. 

23 (a) AUTHORITY.—The Secretary of Defense may ex24 pend up to $25,000,000 during any fiscal year during 

25 which this subsection is in effect to provide support to for-
469

•HR 4200 PCS 

1 eign forces, irregular forces, groups, or individuals en2 gaged in supporting or facilitating ongoing military oper3 ations by United States special operations forces to com4 bat terrorism. 

5 (b) INTELLIGENCE ACTIVITIES.—This section does 

6 not constitute authority to conduct a covert action, as such 

7 term is defined in section 503(e) of the National Security 

8 Act of 1947 (50 U.S.C. 413b(e)). 

9 (c) ANNUAL REPORT.—Not later than 30 days after 

10 the close of each fiscal year during which subsection (a) 

11 is in effect, the Secretary of Defense shall submit to the 

12 congressional defense committees a report on support pro13 vided under this section during that fiscal year. Each such 

14 report shall describe the support provided, including a 

15 statement of the recipient of the support and the amount 

16 obligated to provide the support. 

17 (d) FISCAL YEAR 2005 LIMITATION.—Support may 

18 be provided under subsection (a) during fiscal year 2005 

19 only from funds made available for operations and mainte20 nance pursuant to title XV of this Act. 

21 (e) PERIOD OF AUTHORITY.—The authority under 

22 subsection (a) is in effect during each of fiscal years 2005 

23 through 2007. 
470

•HR 4200 PCS 

1 SEC. 1203. COMMANDERS’ EMERGENCY RESPONSE PRO2 GRAM. 

3 (a) FISCAL YEAR 2005 AUTHORITY.—During fiscal 

4 year 2005, from funds made available to the Department 

5 of Defense for operation and maintenance pursuant to 

6 title XV of this Act, not to exceed $300,000,000 may be 

7 used, notwithstanding any other provision of law, to pro8 vide funds for the Commanders’ Emergency Response 

9 Program, established by the Administrator of the Coali10 tion Provisional Authority for the purpose of enabling 

11 military commanders in Iraq to respond to urgent humani12 tarian relief and reconstruction requirements within their 

13 areas of responsibility by carrying out programs that will 

14 immediately assist the Iraqi people, and to provide funds 

15 for a similar program to assist the people of Afghanistan. 

16 (b) QUARTERLY REPORTS.—The Secretary of De17 fense shall submit to the congressional defense committees 

18 a quarterly report, beginning on January 15, 2005, re19 garding the source of funds and the allocation and use 

20 of funds made available pursuant to the authorityprovided 

21 in this section. 

22 SEC. 1204. STATUS OF IRAQI SECURITY FORCES. 

23 (a) STRATEGIC PLAN.—No later than 120 days after 

24 the date of the enactment of this Act, the Secretary of 

25 Defense shall submit to the Committees on Armed Serv26 ices of the Senate and House of Representatives a stra-
471

•HR 4200 PCS 

1 tegic plan setting forth the manner in which the United 

2 States will achieve the goal of establishing viable and pro3 fessional Iraqi security forces able to provide for the long4 term security of the Iraqi people. 

5 (b) COMPONENTS.—The strategic plan established 

6 under subsection (a) shall include at least the following: 

7 (1) Recruiting and retention goals, shown for 

8 each service of the Iraqi security forces. 

9 (2) Training plans for each service of the Iraqi 

10 security forces. 

11 (3) A description of metrics by which progress 

12 toward the goal of Iraqi provision for its own secu13 rity can be measured. 

14 (4) A description of equipment needs, shown for 

15 each service of the Iraqi security forces. 

16 (5) A resourcing plan for achieving the goals of 

17 the strategic plan. 

18 (6) Personnel plans in terms of United States 

19 military and contractor personnel to be used in 

20 training each such service. 

21 (7) A description of challenges faced and oppor22 tunities presented in particular regions of Iraq and 

23 a plan for addressing those challenges. 

24 (8) A discussion of training and deployment 

25 successes and failures to the date of the report and 
472

•HR 4200 PCS 

1 how lessons from those successes and failures will be 

2 incorporated into the strategic plan. 

3 (c) SUBSEQUENT REPORTS.—Ninety days following 

4 the submission of the strategic plan to Congress under 

5 subsection (a) and every 90 days thereafter, the Secretary 

6 shall submit to the Committees on Armed Services of the 

7 Senate and House of Representatives a report on progress 

8 toward meeting the goals established in the strategic plan. 

9 Each such report shall address the following: 

10 (1) The number of forces recruited, currently 

11 serving, and that have left (along with a break-down 

12 of the reasons for leaving) by service over the period 

13 in question. 

14 (2) Progress in meeting training goals. 

15 (3) Progress in achieving other metrics as iden16 tified in the strategic plan. 

17 (4) A description and analysis of any training 

18 incidents and deployment successes and failures, 

19 with a discussion of how those incidents and suc20 cesses will affect future efforts to achieve the goals 

21 of the strategic plan. 

22 (d) IRAQI SECURITY FORCES DEFINED.—In this sec23 tion, the term ‘‘Iraqi security forces’’ means the Iraqi 

24 Armed Forces (IAF), the Iraqi Civil Defense Corps 

25 (ICDC), the Iraqi Police Service (IPS), the Department 
473

•HR 4200 PCS 

1 of Border Enforcement (DBE), and the Facilities Protec2 tion Services (FCS). 

3 SEC. 1205. GUIDANCE AND REPORT REQUIRED ON CON4 TRACTORS SUPPORTING DEPLOYED FORCES 

5 IN IRAQ. 

6 (a) GUIDANCE.—Not later than 90 days after the 

7 date of the enactment of this Act, the Secretary of Defense 

8 shall issue guidance on how to manage contractors that 

9 support deployed forces and shall direct the Secretaries 

10 of the military departments to develop procedures to en11 sure implementation of the guidance. The guidance 

12 shall—

13 (1) establish policies for the use of contractors 

14 to support deployed forces; 

15 (2) delineate the roles and responsibilities of 

16 commanders regarding the management and over17 sight of contractors that support deployed forces; 

18 and 

19 (3) integrate into a single document other guid20 ance and doctrine that may affect Department of 

21 Defense responsibilities to contractors in locations 

22 where members of the Armed Forces are deployed. 

23 (b) REPORT.—Not later than 30 days after issuing 

24 the guidance required under subsection (a), the Secretary 

25 of Defense shall submit to the Committees on Armed Serv-
474

•HR 4200 PCS 

1 ices of the House of Representatives and the Senate a re2 port containing a discussion of the following: 

3 (1) A description of the process used by the De4 partment of Defense for deciding which security 

5 functions in Iraq will be performed by military per6 sonnel and which by private security companies. 

7 (2) A discussion of the overall chain of com8 mand and oversight mechanisms that are in place to 

9 ensure adequate command and supervision of con10 tractor personnel in critical security roles. 

11 (3) An explanation of the rules of engagement 

12 for private security personnel throughout Iraq, along 

13 with how training in these rules of engagement is 

14 being carried out. 

15 (4) A description of mechanisms that exist or 

16 that are under consideration to share intelligence 

17 and standardize communications procedures among 

18 private security companies. 

19 (5) Casualty and fatality figures for each con20 tractor in Iraq supporting deployed forces over the 

21 period beginning on May 1, 2003, and ending on the 

22 date of the issuance of the guidance. 

23 (6) Disciplinary or criminal actions brought 

24 against such contractors during the period covered 

25 by the report. 
475

•HR 4200 PCS 

1 (7) Any incidents of note in Iraq regarding 

2 such contractors during the period covered by the 

3 report. 

4 (8) A plan for establishing and implementing a 

5 process for collecting data on individual contractors, 

6 the value of the contracts, and the number of per7 sonnel in Iraq performing the following services: 

8 (A) Personal security details. 

9 (B) Non-military site security. 

10 (C) Non-military convoy security. 

11 (D) Interrogation services at interrogation 

12 centers operated by the Department of Defense.

13 SEC. 1206. FINDINGS AND SENSE OF CONGRESS CON14 CERNING ARMY SPECIALIST JOSEPH DARBY. 

15 (a) FINDINGS.—Congress makes the following find16 ings: 

17 (1) The need to act in accord with one’s con18 science, risking one’s career and even the esteem of 

19 one’s colleagues by pursuing what is right is espe20 cially important today. 

21 (2) While the Department of Defense inves22 tigate the horrific abuses in American detention fa23 cilities in Iraq, the Nation should bear in mind that 

24 the abuses were only brought to light because of the 

25 courage of an American soldier. 
476

•HR 4200 PCS 

1 (3) By alerting his superiors to abuses at Abu 

2 Ghraib prison in Iraq, Army Specialist Joseph 

3 Darby demonstrated the courage to speak out and 

4 do what is right for his country. 

5 (4) Such an action is especially important in 

6 light of the many challenges facing the country. 

7 (5) Specialist Darby deserves the Nation’s 

8 thanks for speaking up and for standing up for what 

9 is right. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that—

12 (1) the Secretary of Defense should make every 

13 protection available to Army Specialist Joseph 

14 Darby and others who demonstrate such courage; 

15 and 

16 (2) Specialist Darby should be commended ap17 propriately by the Secretary of the Army.

18 SEC. 1207. SENSE OF CONGRESS CONCERNING THE ABUSE 

19 OF PERSONS IN CUSTODY IN IRAQ. 

20 It is the sense of Congress that—

21 (1) the abuses inflicted upon detainees at the 

22 Abu Ghraib prison in Baghdad, Iraq, are offensive 

23 to the principles and values of the American people 

24 and the United States military, are incompatible 

25 with the professionalism, dedication, standards and 
477

•HR 4200 PCS 

1 training required of individuals who serve in the 

2 United States military, and contradict the policies, 

3 orders, and laws of the United States and the 

4 United States military and undermine the ability of 

5 the United States military to achieve its mission in 

6 Iraq. 

7 (2) the vast majority of members of the Armed 

8 Forces have upheld the highest possible standards of 

9 professionalism and morality in the face of illegal 

10 tactics and terrorist attacks and attempts on their 

11 lives. 

12 (3) the abuse of persons in United States cus13 tody in Iraq is appropriately condemned and de14 plored by the American people; 

15 (4) the Armed Forces are moving swiftly and 

16 decisively to identify, try, and punish persons who 

17 were responsible or culpable for such abuse; 

18 (5) the Secretary of the Army must continue to 

19 conduct a full and thorough investigation into any 

20 and all allegations of mistreatment or abuse of de21 tainees in Iraq; 

22 (6) the Secretary of the Army and appropriate 

23 military authorities must continue to undertake cor24 rective action to address chain of command defi-
478

•HR 4200 PCS 

1 ciencies and the systemic deficiencies identified in 

2 the incidents in question; 

3 (7) the American principle and tradition of af4 fording proper and humane treatment to persons 

5 under the custody of the United States Armed 

6 Forces must be reaffirmed; 

7 (8) the alleged crimes of a handful of individ8 uals should not detract from the commendable sac9 rifices of over 300,000 members of the United 

10 States Armed Forces who have served, or who are 

11 serving, in Operation Iraqi Freedom; and 

12 (9) the United States expresses its continuing 

13 solidarity and support for its partnership with the 

14 Iraqi people in building a viable Iraqi government 

15 and a secure nation. 

16 SEC. 1208. SENSE OF CONGRESS REGARDING LIMITATION 

17 ON USE OF FUNDS FOR THE RECONSTRUC18 TION OF IRAQ. 

19 It is the sense of Congress that no funds available 

20 to any department or agency of the United States Govern21 ment may be used to provide assistance for the reconstruc22 tion of Iraq unless the President certifies to Congress that 

23 the United States Government has entered into an agree24 ment with the Iraqi Governing Council or a transitional 

25 government in Iraq under which Iraq agrees that it will 
479

•HR 4200 PCS 

1 expend a significant portion of its revenues generated from 

2 oil production for reconstruction activities in Iraq. 

3 SEC. 1209. SENSE OF CONGRESS ON DESTRUCTION OF ABU 

4 GHRAIB PRISON IN IRAQ. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) Under the regime of Saddam Hussein, the 

8 Abu Ghraib prison in Iraq was one of the world’s 

9 most notorious prisons. 

10 (2) Under that regime, as many as 50,000 men 

11 and women were jammed into the prison at one time 

12 in 12 feet by 12 feet cells. 

13 (3) Under that regime, many people were tor14 tured and executed in the Abu Ghraib prison. 

15 (4) Recent activities have further highlighted 

16 the horrible memories that Abu Ghraib stands for. 

17 (b) SENSE OF CONGRESS.—It is the sense of the 

18 Congress that the Secretary of Defense should assist the 

19 Iraqi Government, with the approval of that government, 

20 in destroying the Abu Ghraib prison and replacing it with 

21 a modern detention facility. 
480

•HR 4200 PCS 

1 Subtitle B—Other Matters 

2 SEC. 1211. ASSIGNMENT OF ALLIED NAVAL PERSONNEL TO 

3 SUBMARINE SAFETY PROGRAMS. 

4 (a) IN GENERAL.—Chapter 631 of title 10, United 

5 States Code, is amended by adding at the end the fol6 lowing new section: 

7 ‘‘§ 7234. Submarine safety programs: participation of 

8 allied naval personnel 

9 ‘‘(a) ACCEPTANCE OF ASSIGNMENT OF FOREIGN

10 NAVAL PERSONNEL.—In order to facilitate the develop11 ment, standardization, and interoperability of submarine 

12 vessel safety and rescue systems and procedures, the Sec13 retary of the Navy may conduct a program under which 

14 members of the naval service of any of the member nations 

15 of the North Atlantic Treaty Organization and Australia, 

16 Japan, the Republic of Korea, and Sweden may be as17 signed to United States commands to work on such sys18 tems and procedures. 

19 ‘‘(b) COSTS FOR FOREIGN PERSONNEL.—(1) The 

20 United States may not pay the following costs for a mem21 ber of a foreign naval service sent to the United States 

22 under the program authorized by this section: 

23 ‘‘(A) Salary. 

24 ‘‘(B) Per diem. 

25 ‘‘(C) Cost of living. 
481

•HR 4200 PCS 

1 ‘‘(D) Travel costs. 

2 ‘‘(E) Cost of language or other training. 

3 ‘‘(F) Other costs. 

4 ‘‘(2) Paragraph (1) does not apply to the following 

5 costs, which may be paid by the United States: 

6 ‘‘(A) The cost of temporary duty directed by 

7 the United States Navy. 

8 ‘‘(B) The cost of training programs conducted 

9 to familiarize, orient, or certify members of foreign 

10 naval services regarding unique aspects of their as11 signments. 

12 ‘‘(C) Costs incident to the use of the facilities 

13 of the United States Navy in the performance of as14 signed duties. 

15 ‘‘(d) APPLICABILITY TO AUTHORITY TO ENTER INTO

16 AGREEMENTS.—The requirements of this section shall 

17 apply in the exercise of any authority of the Secretary of 

18 the Navy to enter into an agreement with the government 

19 of a foreign country, subject to the concurrence of the Sec20 retary of State, to provide for the assignment of members 

21 of the naval service of the foreign country to a United 

22 States Navy submarine safety program. 

23 ‘‘(e) REGULATIONS.—The Secretary of the Navy may 

24 prescribe regulations for the application of this section in 

25 the exercise of authority referred to in subsection (d).’’. 
482

•HR 4200 PCS 

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item:

‘‘7234. Submarine safety programs: participation of allied naval personnel.’’.

4 SEC. 1212. EXPANSION OF ENTITIES OF THE PEOPLE’S RE5 PUBLIC OF CHINA SUBJECT TO CERTAIN 

6 PRESIDENTIAL AUTHORITIES WHEN OPER7 ATING IN THE UNITED STATES. 

8 Section 1237(b)(4)(B)(i) of the Strom Thurmond 

9 National Defense Authorization Act for Fiscal Year 1999 

10 (50 U.S.C. 1701 note) is amended by inserting after ‘‘the 

11 People’s Liberation Army’’ the following: ‘‘, by a ministry 

12 of the government of the People’s Republic of China, or 

13 by an entity affiliated with the defense industrial base of 

14 the People’s Republic of China’’.

15 SEC. 1213. REPORT BY PRESIDENT ON GLOBAL PEACE OP16 ERATIONS INITIATIVE. 

17 Not later than one year after the date of the enact18 ment of this Act, the President shall submit to the Con19 gress a report on the Global Peace Operations Initiative. 

20 The report shall include the following elements: 

21 (1) A summary of the goals of the Global Peace 

22 Operations Initiative and the timetable for achieving 

23 those goals. 

24 (2) An examination of the mechanisms by 

25 which the United States will ensure that foreign 
483

•HR 4200 PCS 

1 countries acquiring new capabilities as a result of 

2 that Initiative will use those capabilities to the na3 tional security benefit of the United States. 

4 (3) An examination of the mechanisms by 

5 which the United States will ensure that training 

6 and equipment provided under that Initiative are 

7 used solely for the purposes of peacekeeping and 

8 peace enforcement operations. 

9 (4) An examination of the human rights prac10 tices of potential recipients under that Initiative, to 

11 include a discussion of each potential recipient’s 

12 commitment to representative government. 

13 (5) As assessment of the financial resources re14 quired to carry out that Initiative during fiscal years 

15 2005 through 2009. 

16 (6) An assessment of the effectiveness of the 

17 program of the Department of State referred to as 

18 the African Contingency Operations and Training 

19 Assistance program and the capacity of that pro20 gram to be expanded. 

21 (7) A review that compares and contrasts the 

22 basic military skills required of warfighters and the 

23 skills needed for peacekeeping and peace enforce24 ment operations. 
484

•HR 4200 PCS 

1 (8) An assessment of the ability of military 

2 forces in the developing world to absorb, retain, and 

3 use the advanced skills and capabilities needed for 

4 effective peacekeeping and peace enforcement oper5 ations. 

6 (9) A proposal for providing sufficient resources 

7 to the Department of State to conduct the Global 

8 Peace Operations Initiative without significant fi9 nancial contributions from the Department of De10 fense. 

11 (10) An explanation of the reasons of the Ad12 ministration for proposing to exempt the Global 

13 Peace Operations Initiative from existing law related 

14 to the type of military and police training the United 

15 States may provide to foreign countries. 

16 (11) An examination of the costs and benefits 

17 of transferring responsibility for the training and 

18 equipping of foreign military and security forces 

19 from the Department of State to the Department of 

20 Defense, including an identification of any increased 

21 resources that will be provided to the Department of 

22 Defense should the Department of Defense become 

23 responsible for that activity. 
485

•HR 4200 PCS 

1 SEC. 1214. PROCUREMENT SANCTIONS AGAINST FOREIGN 

2 PERSONS THAT TRANSFER CERTAIN DE3 FENSE ARTICLES AND SERVICES TO THE 

4 PEOPLE’S REPUBLIC OF CHINA. 

5 (a) DECLARATION OF POLICY.—Congress declares 

6 that it is the policy of the United States to deny the Peo7 ple’s Republic of China such defense goods and defense 

8 technology that could be used to threaten the United 

9 States or undermine the security of Taiwan or the stability 

10 of the Western Pacific region. 

11 (b) PROCUREMENT SANCTION.—(1) The Secretary of 

12 Defense may not procure, by contract or otherwise, any 

13 goods or services from—

14 (A) any foreign person the Secretary of Defense 

15 determines has, with actual knowledge, on or after 

16 the date of the enactment of this Act, exported, 

17 transferred, or otherwise provided to governmental 

18 or nongovernmental entities of the People’s Republic 

19 of China any item or class of items on the United 

20 States Munitions List (or any item or class of items 

21 that are identical, substantially identical, or directly 

22 competitive to an item or class of items on the 

23 United States Munitions List); and 

24 (B) any foreign person the Secretary of Defense 

25 determines—
486

•HR 4200 PCS 

1 (i) is a successor entity to a person re2 ferred to in paragraph (1); 

3 (ii) is a parent or subsidiary of a person 

4 referred to in paragraph (1); or 

5 (iii) is an affiliate of a person referred to 

6 in paragraph (1) if that affiliate is controlled in 

7 fact by such person. 

8 (2) The prohibition under paragraph (1) with respect 

9 to a foreign person shall last for a period of five years 

10 after a determination is made by the Secretary of Defense 

11 with respect to that person under paragraph (1)(A). 

12 (c) PUBLIC AVAILABILITY OF LIST OF SANCTIONED

13 PERSONS.—(1) The Secretary of Defense shall annually 

14 publish in the Federal Register a current list of any for15 eign persons sanctioned under subsection (b). The removal 

16 of foreign persons from, and the addition of foreign per17 sons to, the list shall also be so published. 

18 (2) The Secretary shall maintain the list published 

19 under paragraph (1) on the Internet website of the De20 partment of Defense. 

21 (d) REMOVAL FROM LIST OF SANCTIONED PER22 SONS.—The Secretary of Defense may remove a person 

23 from the list of sanctioned persons referred to in sub24 section (c) only after the five-year prohibition period im-
487

•HR 4200 PCS 

1 posed under subsection (b) with respect to the person has 

2 expired. 

3 (e) EXCEPTIONS.—(1) Subsection (b) shall not 

4 apply—

5 (A) to contracts, or subcontracts under such 

6 contracts, in existence on the date of the enactment 

7 of this Act, including options under such contracts; 

8 (B) if the Secretary of Defense determines in 

9 writing that the person to which the sanctions would 

10 otherwise be applied is a sole source supplier of the 

11 goods or services being procured, that the goods or 

12 services are essential, and that alternative sources 

13 are not readily or reasonably available; 

14 (C) in the case of a contract for routine serv15 icing and maintenance, if the Secretary of Defense 

16 determines in writing alternative sources for per17 forming the contract are not readily or reasonably 

18 available; or 

19 (D) if the Secretary of Defense determines in 

20 writing that goods or services proposed to be pro21 cured under the contract are essential to the na22 tional security of the United States. 

23 (2) Determinations under paragraph (1) shall be pub24 lished in the Federal Register. 

25 (f) DEFINITIONS.—In this section: 
488

•HR 4200 PCS 

1 (1) The term ‘‘foreign person’’ has the meaning 

2 given the term in section 14 of the Iran and Libya 

3 Sanctions Act of 1996 (50 U.S.C. 1701). 

4 (2) The term ‘‘United States Munitions List’’ 

5 means the list referred to in section 38(a)(1) of the 

6 Arms Export Control Act (22 U.S.C. 2778(a)(1)). 

7 SEC. 1215. MILITARY EDUCATIONAL EXCHANGES BETWEEN 

8 SENIOR OFFICERS AND OFFICIALS OF THE 

9 UNITED STATES AND TAIWAN. 

10 (a) DEFENSE EXCHANGES.—The Secretary of De11 fense shall undertake a program of senior military officer 

12 and senior official exchanges with Taiwan designed to im13 prove Taiwan’s defenses against the People’s Liberation 

14 Army of the People’s Republic of China. 

15 (b) EXCHANGES DESCRIBED.—For the purposes of 

16 this section, the term ‘‘exchange’’ means an activity, exer17 cise, event, or observation opportunity between Armed 

18 Forces personnel or Department of Defense officials of the 

19 United States and armed forces personnel and officials of 

20 Taiwan. 

21 (c) FOCUS OF EXCHANGES.—The senior military offi22 cer and senior official exchanges undertaken pursuant to 

23 subsection (a) shall include exchanges focused on the fol24 lowing, especially as they relate to defending Taiwan 
489

•HR 4200 PCS 

1 against potential submarine attack and potential missile 

2 attack: 

3 (1) Threat analysis. 

4 (2) Military doctrine. 

5 (3) Force planning. 

6 (4) Logistical support. 

7 (5) Intelligence collection and analysis. 

8 (6) Operational tactics, techniques, and proce9 dures. 

10 (d) CIVIL-MILITARY AFFAIRS.—The senior military 

11 officer and senior official exchanges undertaken pursuant 

12 to subsection (a) shall include activities and exercises fo13 cused on civil-military relations, including parliamentary 

14 relations. 

15 (e) LOCATION OF EXCHANGES.—The senior military 

16 officer and senior official exchanges undertaken pursuant 

17 to subsection (a) shall be conducted in both the United 

18 States and Taiwan. 

19 (f) DEFINITIONS.—For purposes of this section: 

20 (1) The term ‘‘senior military officer’’ means a 

21 general or flag officer of the Armed Forces on active 

22 duty. 

23 (2) The term ‘‘senior official’’ means a civilian 

24 official of the Department of Defense at the level of 

25 Deputy Assistant Secretary of Defense or above. 
490

•HR 4200 PCS 

1 TITLE XIII—COOPERATIVE 

2 THREAT REDUCTION WITH 

3 STATES OF THE FORMER SO4 VIET UNION 

5 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS AND FUNDS. 

7 (a) SPECIFICATION OF CTR PROGRAMS.—For pur8 poses of section 301 and other provisions of this Act, Co9 operative Threat Reduction programs are the programs 

10 specified in section 1501(b) of the National Defense Au11 thorization Act for Fiscal Year 1997 (Public Law 104–

12 201; 110 Stat. 2731; 50 U.S.C. 2362 note). 

13 (b) FISCAL YEAR 2005 COOPERATIVE THREAT RE14 DUCTION FUNDS DEFINED.—As used in this title, the 

15 term ‘‘fiscal year 2005 Cooperative Threat Reduction 

16 funds’’ means the funds appropriated pursuant to the au17 thorization of appropriations in section 301 for Coopera18 tive Threat Reduction programs. 

19 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

20 pursuant to the authorization of appropriations in section 

21 301 for Cooperative Threat Reduction programs shall be 

22 available for obligation for three fiscal years. 

23 SEC. 1302. FUNDING ALLOCATIONS. 

24 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

25 amount authorized to be appropriated to the Department 
491

•HR 4200 PCS 

1 of Defense for fiscal year 2005 in section 301(19) for Co2 operative Threat Reduction programs, the following 

3 amounts may be obligated for the purposes specified: 

4 (1) For strategic offensive arms elimination in 

5 Russia, $58,522,000. 

6 (2) For nuclear weapons transportation security 

7 in Russia, $26,284,000. 

8 (3) For nuclear weapons storage security in 

9 Russia, $48,720,000. 

10 (4) For activities designated as Other Assess11 ments/Administrative Support, $14,267,000. 

12 (5) For defense and military contacts, 

13 $8,000,000. 

14 (6) For chemical weapons destruction in Rus15 sia, $158,400,000. 

16 (7) For biological weapons proliferation preven17 tion in the former Soviet Union, $55,013,000. 

18 (8) For weapons of mass destruction prolifera19 tion prevention in the states of the former Soviet 

20 Union, $40,030,000. 

21 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

22 FUNDS FOR OTHER PURPOSES.—No fiscal year 2005 Co23 operative Threat Reduction funds may be obligated or ex24 pended for a purpose other than a purpose listed in para25 graphs (1) through (8) of subsection (a) until 30 days 
492

•HR 4200 PCS 

1 after the date that the Secretary of Defense submits to 

2 Congress a report on the purpose for which the funds will 

3 be obligated or expended and the amount of funds to be 

4 obligated or expended. Nothing in the preceding sentence 

5 shall be construed as authorizing the obligation or expend6 iture of fiscal year 2005 Cooperative Threat Reduction 

7 funds for a purpose for which the obligation or expendi8 ture of such funds is specifically prohibited under this title 

9 or any other provision of law. 

10 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

11 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any 

12 case in which the Secretary of Defense determines that 

13 it is necessary to do so in the national interest, the Sec14 retary may obligate amounts appropriated for fiscal year 

15 2005 for a purpose listed in any of the paragraphs in sub16 section (a) in excess of the specific amount authorized for 

17 that purpose. 

18 (2) An obligation of funds for a purpose stated in 

19 any of the paragraphs in subsection (a) in excess of the 

20 specific amount authorized for such purpose may be made 

21 using the authority provided in paragraph (1) only after—

22 (A) the Secretary submits to Congress notifica23 tion of the intent to do so together with a complete 

24 discussion of the justification for doing so; and 
493

•HR 4200 PCS 

1 (B) 15 days have elapsed following the date of 

2 the notification. 

3 (3) The Secretary may not, under the authority pro4 vided in paragraph (1), obligate amounts for a purpose 

5 stated in any of paragraphs (5) through (8) of subsection 

6 (a) in excess of 125 percent of the specific amount author7 ized for such purpose. 

8 SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION 

9 ON FUNDING FOR CHEMICAL WEAPONS DE10 STRUCTION FACILITY IN RUSSIA. 

11 (a) TEMPORARY AUTHORITY.—Section 1305 of the 

12 National Defense Authorization Act for Fiscal Year 2000 

13 (Public Law 106–65; 22 U.S.C. 5952 note) shall not apply 

14 if the President submits to Congress a written certification 

15 that includes—

16 (1) a statement as to why a waiver of the condi17 tions described in such section 1305 is important to 

18 the national security interests of the United States; 

19 (2) a full and complete justification for the 

20 waiver of the conditions; and 

21 (3) a plan to promote a full and accurate disclo22 sure by Russia regarding the size, content, status, 

23 and location of its chemical weapons stockpile. 

24 (b) EXPIRATION.—The authority in subsection (a) 

25 shall expire on September 30, 2005.
494

•HR 4200 PCS 

1 TITLE XIV—EXPORT CONTROLS 

2 AND COUNTERPROLIFER3 ATION MATTERS

4 Subtitle A—Export Control Matters 

5 SEC. 1401. DEFINITIONS UNDER ARMS EXPORT CONTROL 

6 ACT. 

7 Section 47 of the Arms Export Control Act (22 

8 U.S.C. 2794) is amended—

9 (1) in paragraph (10)—

10 (A) by moving the margin two ems to the 

11 left; and 

12 (B) by striking ‘‘and’’ at the end; 

13 (2) in paragraph (11)—

14 (A) by moving the margin two ems to the 

15 left; and 

16 (B) by striking the period at the end and 

17 inserting a semicolon; and 

18 (3) by adding at the end the following: 

19 ‘‘(12) ‘license’ means a document bearing the word 

20 license issued by the United States Government agency 

21 charged with implementing section 38 of this Act, which 

22 permits the export or import of a defense article or defense 

23 service; 
495

•HR 4200 PCS 

1 ‘‘(13) ‘agent’ means a representative or emissary of 

2 a government other than an officer or employee of the gov3 ernment; and 

4 ‘‘(14) ‘exporting agent’ means a freight forwarder or 

5 other consignee designated on a license application who 

6 is authorized to act on behalf of and the control of the 

7 license applicant.’’.

8 SEC. 1402. EXEMPTION FROM LICENSING REQUIREMENTS 

9 FOR EXPORT OF SIGNIFICANT MILITARY 

10 EQUIPMENT. 

11 Section 38(b)(2) of the Arms Export Control Act (22 

12 U.S.C. 2778(b)(2)) is amended—

13 (1) by striking ‘‘(2) Except’’ and inserting 

14 ‘‘(2)(A) Except’’; 

15 (2) by striking ‘‘(A) for official’’ and inserting 

16 ‘‘(i) for official’’ and further by striking ‘‘(B) for 

17 carrying out’’ and inserting ‘‘(ii) for carrying out’’; 

18 and 

19 (3) by adding at the end the following: 

20 ‘‘(B) The President may not establish an exemption 

21 in regulation or otherwise from the license requirements 

22 of this section for the export of a defense article that is 

23 significant military equipment (other than a firearm that 

24 is intended for personal use).’’.
496

•HR 4200 PCS 

1 SEC. 1403. COOPERATIVE PROJECTS WITH FRIENDLY FOR2 EIGN COUNTRIES. 

3 Section 27 of the Arms Export Control Act (22 

4 U.S.C. 2767) is amended—

5 (1) in subsection (g) to read as follows: 

6 ‘‘(g) Unless the President states in his certification 

7 that an emergency exists which requires the immediate ap8 proval of the cooperative agreement in the national secu9 rity interests of the United States (in which case the 

10 President shall set forth in the certification a justification 

11 for this determination), an agreement shall not be signed 

12 if, within the 30-day period specified in subsection (f), a 

13 joint resolution prohibiting the agreement is enacted into 

14 law.’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(k) A license shall be required for the export of de17 fense articles or defense services relating to a cooperative 

18 project by any person required to be registered under sec19 tion 38(b)(1)(A)(i) whenever such export is made pursu20 ant to, or in furtherance of, a private contract, purchase 

21 order, or similar commercial arrangement with a foreign 

22 corporation.’’.

23 SEC. 1404. LICENSING REQUIREMENT FOR EXPORT OF 

24 MILITARILY CRITICAL TECHNOLOGIES. 

25 (a) LICENSING REQUIREMENT.—The President shall 

26 require a license under the Export Administration Regula-
497

•HR 4200 PCS 

1 tions of the Department of Commerce (15 C.F.R. part 730 

2 et seq.) or the International Traffic in Arms Regulations 

3 (22 C.F.R. part 120 et seq.), as the case may be, for the 

4 export of goods or technologies included on the Militarily 

5 Critical Technologies List. 

6 (b) DEFINITION.—In this section, the term ‘‘Mili7 tarily Critical Technologies List’’ means the list required 

8 to be developed by the Secretary of Defense pursuant to 

9 section 5(d)(2) of the Export Administration Act of 1979 

10 (50 U.S.C. App. 2404(d)(2)), as such list was effect on 

11 January 20, 2004, and includes any goods or technologies 

12 that have been added to the list after that date.

13 SEC. 1405. CONTROL OF EXPORTS OF UNITED STATES 

14 WEAPONS TECHNOLOGY TO THE PEOPLE’S 

15 REPUBLIC OF CHINA. 

16 A dual use good or technology subject to the jurisdic17 tion of the Export Administration Regulations of the De18 partment of Commerce (15 C.F.R. part 730 et seq.) and 

19 a defense article or defense service subject to the jurisdic20 tion of the International Traffic in Arms Regulations (22 

21 C.F.R. part 120 et seq.) may be exported to a foreign per22 son or a foreign country that has previously exported any 

23 such item to the military, intelligence, police, or internal 

24 security services of the Government of the People’s Repub-
498

•HR 4200 PCS 

1 lic of China that would be prohibited for export to China 

2 if subject to United States export control laws only if—

3 (1) a license for such export is approved under 

4 the Export Administration Regulations or the Inter5 national Traffic in Arms Regulations and the Sec6 retary of Defense concurs in the approval of such li7 cense; and 

8 (2) the foreign person or foreign country agrees 

9 in writing not to transfer title to or possession of, 

10 or otherwise provide access to, the licensed items, 

11 unless the President provides written consent there12 to. 

13 SEC. 1406. STRENGTHENING INTERNATIONAL EXPORT CON14 TROLS. 

15 (a) FINDING.—The Congress recognizes that the 

16 international export control system, as currently con17 stituted, is insufficient to achieve the national security in18 terests of the United States. 

19 (b) NATIONAL EXPORT CONTROL POLICY.—It is the 

20 policy of the United States to seek continued negotiations 

21 of a strengthened international export control system for 

22 the control of arms and militarily-sensitive goods and tech23 nology to countries of concern. 

24 (c) PRESIDENTIAL REPORTING REQUIREMENT.—(1) 

25 Not later than 180 days after the date of the enactment 
499

•HR 4200 PCS 

1 of this Act, and every six months thereafter, the President 

2 shall submit to the committees referred to in subsection 

3 (d) a report setting forth the President’s plan for effecting 

4 a strengthened international export control system capable 

5 of achieving the national security interests of the United 

6 States. 

7 (2) The report shall include—

8 (A) an evaluation of the effectiveness of the 

9 current international export control system; 

10 (B) a plan for negotiating and implementing a 

11 strengthened international export control system ca12 pable of achieving the national security interests of 

13 the United States; and 

14 (C) challenges to and progress in negotiating 

15 and implementing that plan. 

16 (d) COMMITTEES; CLASSIFICATION OF REPORT.—(1) 

17 The report required by subsection (c) shall be submitted 

18 to—

19 (A) the Committee on Armed Services, the 

20 Committee on International Relations, and the Per21 manent Select Committee on Intelligence of the 

22 House of Representatives; and 

23 (B) the Committee on Armed Services, the 

24 Committee on Banking, Housing and Urban Affairs, 
500

•HR 4200 PCS 

1 and the Select Committee on Intelligence of the Sen2 ate. 

3 (2) The report shall be submitted in unclassified form 

4 and, as necessary, in classified form.

5 Subtitle B—Counterproliferation 

6 Matters

7 SEC. 1411. DEFENSE INTERNATIONAL COUNTER8 PROLIFERATION PROGRAMS. 

9 (a) INTERNATIONAL SECURITY PROGRAM TO PRE10 VENT UNAUTHORIZED TRANSFER AND TRANSPORTATION

11 OF WMDS.—Subsection (b) of section 1424 of the De12 fense Against Weapons of Mass Destruction Act of 1996 

13 (50 U.S.C. 2333) is amended to read as follows: 

14 ‘‘(b) OTHER COUNTRIES.—The Secretary of Defense 

15 may carry out programs under subsection (a) in a country 

16 other than a country specified in that subsection if the 

17 Secretary determines that there exists in that country a 

18 significant threat of the unauthorized transfer and trans19 portation of nuclear, biological, or chemical weapons or re20 lated materials.’’. 

21 (b) INTERNATIONAL TRAINING PROGRAM TO DETER

22 WMD PROLIFERATION.—Section 1504(e)(3)(A) of the 

23 National Defense Authorization Act for Fiscal Year 1995 

24 (Public Law 103–337; 108 Stat. 2918) is amended—
501

•HR 4200 PCS 

1 (1) by striking ‘‘The training program referred 

2 to in paragraph (1)(B) is a’’ and inserting ‘The Sec3 retary of Defense may participate in a’’; 

4 (2) by inserting ‘‘of’’ after ‘‘acquisition’’; 

5 (3) by striking ‘‘and’’ after ‘‘countries’’; and 

6 (4) by inserting before the period at the end the 

7 following: ‘‘, and in other countries in which, as de8 termined by the Secretary of Defense, there exists a 

9 significant threat of such proliferation and acquisi10 tion’’.

11 SEC. 1412. DEFENSE COUNTERPROLIFERATION FELLOW12 SHIP PROGRAM. 

13 (a) PROGRAM AUTHORIZED.—Chapter 101 of title 

14 10, United States Code, is amended by adding at the end 

15 the following new section:

16 ‘‘§ 2015. Defense counterproliferation fellowship pro17 gram 

18 ‘‘(a) PROGRAM AUTHORITY.—The Secretary of De19 fense may carry out a program under which foreign mili20 tary defense personnel are selected to attend Department 

21 of Defense courses and programs in counterproliferation 

22 and nonproliferation matters in order to improve the abil23 ity of the foreign military defense personnel to contribute 

24 to halting the illicit acquisition or transportation of weap-
502

•HR 4200 PCS 

1 ons of mass destruction or of materials that support the 

2 development or use of such weapons. 

3 ‘‘(b) AUTHORITY TO PAY FOR COSTS OF PARTICI4 PANTS.—The Secretary of Defense may pay for all costs 

5 (including transportation, travel, and subsistence costs) 

6 associated with the attendance by a participant at courses 

7 and programs in the program under this section. 

8 ‘‘(c) PARTICIPANTS.—(1) The following persons may 

9 be selected for participation in the program under this sec10 tion: 

11 ‘‘(A) Foreign military officers. 

12 ‘‘(B) Foreign ministry of defense officials. 

13 ‘‘(2) Participants in the program shall be selected by 

14 the Secretary of Defense based upon recommendations 

15 made by the commanders of the regional unified combat16 ant commands. 

17 ‘‘(d) AUTHORIZED PROGRAM ACTIVITIES.—Partici18 pants in the program may be selected for attendance at, 

19 and may be authorize to attend, any of the following: 

20 ‘‘(1) Department of Defense professional mili21 tary educational institutions. 

22 ‘‘(2) Regional centers for security studies of the 

23 Department of Defense. 
503

•HR 4200 PCS 

1 ‘‘(e) REGULATIONS.—The Secretary of Defense shall 

2 prescribe regulations for the administration of the pro3 gram under this section.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 at the end the following new item:

‘‘2015. Defense counterproliferation fellowship program.’’.

7 Subtitle C—Initiatives Relating to 

8 Countries of Former Soviet Union 

9 SEC. 1421. SILK ROAD INITIATIVE. 

10 (a) FINDINGS.—Congress makes the following find11 ings: 

12 (1) A number of independent states of the 

13 former Soviet Union have been helpful to the United 

14 States in the war on terrorism. 

15 (2) Such states are new and struggling democ16 racies and would benefit considerably from assist17 ance to create sustainable jobs for their under18 employed or unemployed scientists, engineers, and 

19 technicians who were formerly engaged in activities 

20 to develop and produce weapons of mass destruction 

21 for the Russian Federation or other such state. 

22 (b) POLICIES.—(1) It is the policy of the United 

23 States to seek to establish and promote programs to pre24 vent the proliferation, from scientists, engineers, and tech25 nicians of the Russian Federation and other independent 
504

•HR 4200 PCS 

1 states of the former Soviet Union to countries of prolifera2 tion concern, of expertise to develop and produce weapons 

3 of mass destruction. 

4 (2) It is also the policy of the United States to seek 

5 to assist independent states of the former Soviet Union 

6 that have been helpful to the United States in the war 

7 on terrorism so as to promote the creation of jobs that 

8 foster economic stability and democracy. 

9 (c) PROGRAM AUTHORIZED.—(1) The Secretary of 

10 Energy may carry out a program, to be known as the Silk 

11 Road Initiative, to promote non-weapons-related employ12 ment opportunities in the United States and in Silk Road 

13 nations for scientists, engineers, and technicians formerly 

14 engaged in activities to develop and produce weapons of 

15 mass destruction in Silk Road nations. The program 

16 should—

17 (A) incorporate best practices under the former 

18 Initiatives for Proliferation Prevention program; and 

19 (B) facilitate commercial partnerships between 

20 private entities in the United States and scientists, 

21 engineers, and technicians in the Silk Road nations. 

22 (2) Before implementing the program with respect to 

23 multiple Silk Road nations, the Secretary of Energy shall 

24 carry out a pilot program with respect to one Silk Road 

25 nation selected by the Secretary. It is the sense of Con-
505

•HR 4200 PCS 

1 gress that the Secretary should select the Republic of 

2 Georgia. 

3 (d) SILK ROAD NATIONS DEFINED.—In this section, 

4 the Silk Road nations are Armenia, Azerbaijan, the Re5 public of Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, 

6 Turkmenistan, and Uzbekistan. 

7 (e) FUNDING.—Of the funds authorized to be appro8 priated to the Department of Energy for nonproliferation 

9 and international security for fiscal year 2005, 

10 $10,000,000 may be used to carry out this section. 

11 SEC. 1422. TELLER-KURCHATOV NONPROLIFERATION FEL12 LOWSHIPS. 

13 (a) IN GENERAL.—(1) From amounts made available 

14 to carry out this section, the Administrator for Nuclear 

15 Security may carry out a program under which the Ad16 ministrator awards, to scientists employed at the 

17 Kurchatov Institute of the Russian Federation and sci18 entists employed at Lawrence Livermore National Labora19 tory, international exchange fellowships, to be known as 

20 Teller-Kurchatov Nonproliferation Fellowships, in the nu21 clear nonproliferation sciences. 

22 (2) The purpose of the program shall be to provide 

23 opportunities for advancement in the field of nuclear non24 proliferation to scientists who, as demonstrated by their 
506

•HR 4200 PCS 

1 academic or professional achievements, show particular 

2 promise of making significant contributions in that field. 

3 (3) A fellowship awarded to a scientist under the pro4 gram shall be for study and training at (and, where appro5 priate, at an institution of higher education in the vicinity 

6 of)—

7 (A) the Kurchatov Institute, in the case of a 

8 scientist employed at Lawrence Livermore National 

9 Laboratory; and 

10 (B) Lawrence Livermore National Laboratory, 

11 in the case of a scientist employed at the Kurchatov 

12 Institute. 

13 (4) The duration of a fellowship under the program 

14 may not exceed two years, except that the Administrator 

15 may provide for a longer duration in an individual case 

16 to the extent warranted by extraordinary circumstances, 

17 as determined by the Administrator. 

18 (5) In a calendar year, the Administrator may not 

19 award more than—

20 (A) one fellowship to a scientist employed at the 

21 Kurchatov Institute; and 

22 (B) one fellowship to a scientist employed at 

23 Lawrence Livermore National Laboratory. 

24 (6) A fellowship under the program shall include—

25 (A) travel expenses; 
507

•HR 4200 PCS 

1 (B) any tuition and fees at an institution of 

2 higher education for study or training under the fel3 lowship; and 

4 (C) any other expenses that the Administrator 

5 considers appropriate, such as room and board. 

6 (b) DEFINITIONS.—In this section: 

7 (1) The term ‘‘institution of higher education’’ 

8 means a college, university, or other educational in9 stitution that is empowered by an appropriate au10 thority, as determined by the Administrator, to 

11 award degrees higher than the baccalaureate level. 

12 (2) The term ‘‘nuclear nonproliferation 

13 sciences’’ means bodies of scientific knowledge rel14 evant to developing or advancing the means to pre15 vent or impede the proliferation of nuclear weap16 onry. 

17 (3) The term ‘‘scientist’’ means an individual 

18 who has a degree from an institution of higher edu19 cation in a science that has practical application in 

20 the field of nuclear nonproliferation. 

21 (c) FUNDING.—Of the funds authorized to be appro22 priated to the Department of Energy for nonproliferation 

23 and international security for fiscal year 2005, 

24 $10,000,000 may be used to carry out this section. 
508

•HR 4200 PCS 

1 SEC. 1423. COLLABORATION TO REDUCE THE RISKS OF A 

2 LAUNCH OF RUSSIAN NUCLEAR WEAPONS. 

3 (a) FINDINGS.—Congress finds that, despite the end4 ing of the Cold War more than a decade ago, the nuclear 

5 postures and strategic command and control systems of 

6 the Russian Federation pose risks that a nuclear ballistic 

7 missile could be launched as the result of an accident, mis8 information, miscalculation, or unauthorized use. Such 

9 risks are posed as a result of factors including the fol10 lowing: 

11 (1) The high state of readiness of the Russian 

12 Federation’s nuclear forces. 

13 (2) The remote locations of much of the Rus14 sian Federation’s nuclear forces. 

15 (3) The inadequacy of the Russian Federation’s 

16 early-warning information. 

17 (4) The very short time that would be available 

18 to the President of the Russian Federation if the 

19 President were informed that a nuclear ballistic mis20 sile attack was or might be underway. 

21 (5) The possibility that the Russian Federation, 

22 because of concerns that much of its nuclear forces 

23 would not survive a nuclear attack, may have a nu24 clear deterrence posture reliant upon launching a re25 taliatory nuclear strike when it believes a nuclear 
509

•HR 4200 PCS 

1 ballistic missile attack against it is or might be un2 derway. 

3 (6) Deficiencies in the security and control of 

4 the nuclear forces of the Russian Federation that 

5 could result in unauthorized personnel gaining con6 trol of a nuclear-armed missile or warhead. 

7 (7) The susceptibility of nuclear strategic com8 mand and control systems and early-warning sys9 tems to an intrusion or accident that could create 

10 the false appearance that a nuclear ballistic missile 

11 attack is or might be underway. 

12 (b) REPORT.—(1) Not later than November 1, 2005, 

13 the Secretary of Defense shall submit to Congress a report 

14 on the collaborative measures that the United States and 

15 the Russian Federation could take to reduce the risks that 

16 a nuclear ballistic missile could be launched as the result 

17 of an accident, misinformation, miscalculation, or unau18 thorized use. For each such measure, the report shall pro19 vide—

20 (A) specific comments on the advisability of the 

21 measure in terms of the potential contribution of the 

22 measure to the national security interests of the 

23 United States, including the potential contribution 

24 of the measure in improving relations between the 

25 United States and the Russian Federation; and 
510

•HR 4200 PCS 

1 (B) a description of the obstacles and opportu2 nities associated with pursuing the measure. 

3 (2) In addition to any other measure that the Sec4 retary considers appropriate, the report required by para5 graph (1) shall cover the following measures: 

6 (A) The future of the Joint Data Exchange 

7 Center. 

8 (B) Potential topics for discussion between 

9 high-level military leaders of the United States and 

10 of the Russian Federation on reducing the risk that 

11 a nuclear ballistic missile could be launched as the 

12 result of an accident, misinformation, miscalculation, 

13 or unauthorized use.

14 TITLE XV—AUTHORIZATION FOR 

15 INCREASED COSTS DUE TO 

16 OPERATION IRAQI FREEDOM 

17 AND OPERATION ENDURING 

18 FREEDOM

19 SEC. 1501. PURPOSE. 

20 The purpose of this title is to authorize appropria21 tions for the Department of Defense for fiscal year 2005, 

22 in addition to amounts otherwise authorized by this Act, 

23 to provide funds for additional costs due to Operation 

24 Iraqi Freedom and Operation Enduring Freedom. 
511

•HR 4200 PCS 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 1511. ARMY PROCUREMENT. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2005 for procurement accounts of the Army 

6 in amounts as follows: 

7 (1) For aircraft, $498,300,000. 

8 (2) For missiles, $42,800,000. 

9 (3) For weapons and tracked combat vehicles, 

10 $201,900,000. 

11 (4) For ammunition, $78,750,000. 

12 (5) For other procurement, $1,567,410,000. 

13 (6) For National Guard and Reserve equip14 ment, $50,000,000. 

15 SEC. 1512. NAVY AND MARINE CORPS PROCUREMENT. 

16 (a) MARINE CORPS.—Funds are hereby authorized to 

17 be appropriated for fiscal year 2005 for the procurement 

18 account for the Marine Corps in the amount of 

19 $98,190,000. 

20 (b) NAVY AND MARINE CORPS AMMUNITION.—

21 Funds are hereby authorized to be appropriated for fiscal 

22 year 2005 for the procurement account for ammunition 

23 for the Navy and the Marine Corps in the amount of 

24 $38,402,000. 
512

•HR 4200 PCS 

1 SEC. 1513. AIR FORCE PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2005 for the procurement account for aircraft 

4 for the Air Force in amount of $99,000,000. 

5 SEC. 1514. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2005 for the procurement account for Defense8 wide procurement in the amount of $720,000,000. 

9 SEC. 1515. OPERATION AND MAINTENANCE. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2005 for the use of the Armed Forces for ex12 penses, not otherwise provided for, for operation and 

13 maintenance, in amounts as follows: 

14 (1) For the Army, $9,607,113,000. 

15 (2) For the Navy, $256,500,000. 

16 (3) For the Marine Corps, $2,398,735,000. 

17 (4) For the Air Force, $1,635,000,000. 

18 (5) For Defense-wide, $2,327,900,000. 

19 SEC. 1516. DEFENSE HEALTH PROGRAM. 

20 Funds are hereby authorized to be appropriated for 

21 the Department of Defense for fiscal year 2005 for ex22 penses, not otherwise provided for, for the Defense Health 

23 Program, in the amount of $75,000,000, for Operation 

24 and Maintenance. 
513

•HR 4200 PCS 

1 SEC. 1517. MILITARY PERSONNEL. 

2 There is hereby authorized to be appropriated to the 

3 Department of Defense for military personnel accounts for 

4 fiscal year 2005 a total of $5,305,000,000. 

5 SEC. 1518. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

6 The amounts authorized to be appropriated by this 

7 title are in addition to amounts otherwise authorized to 

8 be appropriated by this Act. 

9 SEC. 1519. TRANSFER AUTHORITY. 

10 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

11 (1) Upon determination by the Secretary of Defense that 

12 such action is necessary in the national interest, the Sec13 retary may transfer amounts of authorizations made avail14 able to the Department of Defense in this title for fiscal 

15 year 2005 between any such authorizations for that fiscal 

16 year (or any subdivisions thereof). Amounts of authoriza17 tions so transferred shall be merged with and be available 

18 for the same purposes as the authorization to which trans19 ferred. 

20 (2) The total amount of authorizations that the Sec21 retary may transfer under the authority of this section 

22 may not exceed $2,500,000,000. The transfer authority 

23 provided in this section is in addition to any other transfer 

24 authority available to the Secretary of Defense. 

25 (b) LIMITATIONS.—The authority provided by this 

26 section to transfer authorizations—
514

•HR 4200 PCS 

1 (1) may only be used to provide authority for 

2 items that have a higher priority than the items 

3 from which authority is transferred; 

4 (2) may not be used to provide authority for an 

5 item that has been denied authorization by Con6 gress; and 

7 (3) may not be combined with the authority 

8 under section 1001. 

9 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

10 transfer made from one account to another under the au11 thority of this section shall be deemed to increase the 

12 amount authorized for the account to which the amount 

13 is transferred by an amount equal to the amount trans14 ferred. 

15 (d) NOTICE TO CONGRESS.—The Secretary shall 

16 promptly notify Congress of each transfer made under 

17 subsection (a). 

18 SEC. 1520. DESIGNATION OF EMERGENCY AUTHORIZA19 TIONS. 

20 The amounts authorized to be appropriated by this 

21 title are available upon the enactment of this Act and are 

22 designated for emergency contingency operations related 

23 to the global war on terrorism. 
515

•HR 4200 PCS 

1 Subtitle B—Personnel Provisions 

2 SEC. 1531. THREE-YEAR INCREASE IN ACTIVE ARMY 

3 STRENGTH LEVELS. 

4 (a) AUTHORIZED END STRENGTHS.—(1) The end 

5 strength level authorized for the Army for fiscal year 2005 

6 under section 401 is hereby increased by 10,000. 

7 (2) For fiscal years 2006 and 2007, the Army is au8 thorized strengths for active duty personnel as follows: 

9 (A) As of September 30, 2006, 502,400. 

10 (B) As of September 30, 2007, 512,400. 

11 (b) STATUTORY MINIMUM ACTIVE STRENGTH

12 LEVEL.—The minimum strength for the Army under sec13 tion 691(b) of title 10, United States Code (notwith14 standing the number specified in paragraph (1) of that 

15 section)—

16 (1) for the period beginning on October 1, 

17 2004, and ending on September 30, 2005, shall be 

18 the number specified in section 401(1) of this Act, 

19 increased by 10,000; 

20 (2) for the period beginning on October 1, 

21 2005, and ending on September 30, 2006, shall be 

22 502,400; and 

23 (3) for the period beginning on October 1, 

24 2006, and ending on September 30, 2007, shall be 

25 512,400. 
516

•HR 4200 PCS 

1 (c) NOTICE TO CONGRESS.—If the Secretary of De2 fense, in consultation with the Secretary of the Army, de3 termines that adjustments are necessary to the minimum 

4 end-strength level for the Army in effect at any time pur5 suant to subsection (b), the Secretary of Defense shall 

6 submit to the Committees on Armed Services of the Sen7 ate and House of Representatives a report providing the 

8 Secretary’s recommendations and rationale for such an 

9 adjustment. Such a report must be submitted before the 

10 submission of the budget request for the fiscal year for 

11 which the change would be effective. 

12 SEC. 1532. THREE-YEAR INCREASE IN ACTIVE MARINE 

13 CORPS STRENGTH LEVELS. 

14 (a) AUTHORIZED END STRENGTHS.—(1) The end 

15 strength level authorized for the Marine Corps for fiscal 

16 year 2005 under section 401 is hereby increased by 3,000. 

17 (2) For fiscal years 2006 and 2007, the Marine Corps 

18 is authorized strengths for active duty personnel as fol19 lows: 

20 (A) As of September 30, 2006, 181,000. 

21 (B) As of September 30, 2007, 184,000. 

22 (b) STATUTORY MINIMUM ACTIVE STRENGTH

23 LEVEL.—The minimum strength for the Marine Corps 

24 under section 691(b) of title 10, United States Code (not-
517

•HR 4200 PCS 

1 withstanding the number specified in paragraph (3) of 

2 that section)—

3 (1) for the period beginning on October 1, 

4 2004, and ending on September 30, 2005, shall be 

5 the number specified in section 401(3) of this Act, 

6 increased by 3,000; 

7 (2) for the period beginning on October 1, 

8 2005, and ending on September 30, 2006, shall be 

9 181,000; and 

10 (3) for the period beginning on October 1, 

11 2006, and ending on September 30, 2007, shall be 

12 184,000. 

13 (c) NOTICE TO CONGRESS.—If the Secretary of De14 fense, in consultation with the Secretary of the Navy, de15 termines that adjustments are necessary to the minimum 

16 end-strength level for the Marine Corps in effect at any 

17 time pursuant to subsection (b), the Secretary of Defense 

18 shall submit to the Committees on Armed Services of the 

19 Senate and House of Representatives a report providing 

20 the Secretary’s recommendations and rationale for such 

21 an adjustment. Such a report must be submitted before 

22 the submission of the budget request for the fiscal year 

23 for which the change would be effective. 
518

•HR 4200 PCS 

1 SEC. 1533. EXTENSION OF INCREASED RATES FOR IMMI2 NENT DANGER PAY AND FAMILY SEPARATION 

3 ALLOWANCE. 

4 (a) IMMINENT DANGER PAY.—(1) Subsection (e) of 

5 section 310 of title 37, United States Code, is amended 

6 by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem7 ber 31, 2005’’. 

8 (2) Effective January 1, 2006, such section is further 

9 amended—

10 (A) in subsection (a), by striking ‘‘$150’’ and 

11 inserting ‘‘$225’’; and 

12 (B) by striking subsection (e). 

13 (b) FAMILY SEPARATION ALLOWANCE.—(1) Sub14 section (e) of section 427 of such title is amended by strik15 ing ‘‘December 31, 2004’’ and inserting ‘‘December 31, 

16 2005’’. 

17 (2) Effective January 1, 2006, such section is further 

18 amended—

19 (A) in subsection (a)(1), by striking ‘‘$100’’ 

20 and inserting ‘‘$250’’; and 

21 (B) by striking subsection (e). 
519

•HR 4200 PCS 

1 Subtitle C—Financial Management 

2 Matters 

3 SEC. 1541. REVISED FUNDING METHODOLOGY FOR MILI4 TARY RETIREE HEALTH CARE BENEFITS. 

5 (a) REVISION.—Section 1116 of title 10, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 1116. Payments into the Fund 

8 ‘‘(a) At the beginning of each fiscal year after Sep9 tember 30, 2005, the Secretary of the Treasury shall 

10 promptly pay into the Fund from the General Fund of 

11 the Treasury—

12 ‘‘(1) the amount certified to the Secretary by 

13 the Secretary of Defense under subsection (c), which 

14 shall be the contribution to the Fund for that fiscal 

15 year required by section 1115; and 

16 ‘‘(2) the amount determined by each admin17 istering Secretary under section 1111(c) as the con18 tribution to the Fund on behalf of the members of 

19 the uniformed services under the jurisdiction of that 

20 Secretary. 

21 ‘‘(b) At the beginning of each fiscal year, the Sec22 retary of Defense shall determine the sum of the following: 

23 ‘‘(1) The amount of the payment for that year 

24 under the amortization schedule determined by the 

25 Board of Actuaries under section 1115(a) of this 
520

•HR 4200 PCS 

1 title for the amortization of the original unfunded li2 ability of the Fund. 

3 ‘‘(2) The amount (including any negative 

4 amount) of the Department of Defense contribution 

5 for that year as determined by the Secretary of De6 fense under section 1115(b) of this title. 

7 ‘‘(3) The amount (including any negative 

8 amount) for that year under the most recent amorti9 zation schedule determined by the Secretary of De10 fense under section 1115(c)(2) of this title for the 

11 amortization of any cumulative unfunded liability (or 

12 any gain) to the Fund resulting from changes in 

13 benefits. 

14 ‘(4) The amount (including any negative 

15 amount) for that year under the most recent amorti16 zation schedule determined by the Secretary of De17 fense under section 1115(c)(3) of this title for the 

18 amortization of any cumulative actuarial gain or loss 

19 to the Fund resulting from actuarial assumption 

20 changes. 

21 ‘‘(5) The amount (including any negative 

22 amount) for that year under the most recent amorti23 zation schedule determined by the Secretary of De24 fense under section 1115(c)(4) of this title for the 
521

•HR 4200 PCS 

1 amortization of any cumulative actuarial gain or loss 

2 to the Fund resulting from actuarial experience. 

3 ‘‘(c) The Secretary of Defense shall promptly certify 

4 the amount determined under subsection (b) each year to 

5 the Secretary of the Treasury.’’. 

6 (b) CONFORMING AMENDMENTS.—(1) Section 

7 1111(c) of title 10, United States Code, is amended in 

8 the last sentence by striking ‘‘1116’’ and all that follows 

9 through the end of the sentence and inserting ‘‘1115(b) 

10 of this title, and such contributions shall be paid into the 

11 Fund as provided in section 1116(a).’’. 

12 (2) Section 1115(a) of such title is amended by strik13 ing ‘‘1116(c)’’ and inserting ‘‘1116’’. 

14 (3) Section 1115(b) of such title is amended—

15 (A) by striking ‘‘(1) The Secretary of Defense’’ 

16 and all that follows through ‘‘of this title.’’ and in17 serting ‘‘The Secretary of Defense shall determine, 

18 before the beginning of each fiscal year after Sep19 tember 30, 2005, the total amount of the Depart20 ment of Defense contribution to be made to the 

21 Fund for that fiscal year for purposes of section 

22 1116(b)(2).’’; 

23 (B) by striking paragraph (2); 

24 (C) by redesignating subparagraphs (A) and 

25 (B) as paragraphs (1) and (2), respectively; 
522

•HR 4200 PCS 

1 (D) in each of paragraphs (1) and (2), as so re2 designated, by redesignating clauses (i) and (ii) as 

3 subparagraphs (A) and (B), respectively; and 

4 (E) in paragraph (2)(B), as so redesignated, by 

5 striking ‘‘subparagraph (A)(ii)’’ and inserting ‘‘para6 graph (1)(B)’’. 

7 (4) Section 1115(c)(1) of such title is amended by 

8 striking ‘‘and section 1116(a) of this title’’. 

9 (5) Section 1115(c)(5) of such title is amended by 

10 striking ‘‘1116(c)’’ and inserting ‘‘1116’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on October 1, 2005.

13 DIVISION B—MILITARY CON14 STRUCTION AUTHORIZA15 TIONS 

16 SECTION 2001. SHORT TITLE. 

17 This division may be cited as the ‘‘Military Construc18 tion Authorization Act for Fiscal Year 2005’’. 

19 TITLE XXI—ARMY 

20 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

21 ACQUISITION PROJECTS. 

22 (a) INSIDE THE UNITED STATES.—Using amounts 

23 appropriated pursuant to the authorization of appropria24 tions in section 2104(a)(1), the Secretary of the Army 

25 may acquire real property and carry out military construc-
523

•HR 4200 PCS 

1 tion projects for the installations or locations inside the 

2 United States, and in the amounts, set forth in the fol3 lowing table:

Army: Inside the United States 

State Installation or Location Amount 

Alabama .................... Anniston Army Depot ................ $23,690,000

Alaska ........................ Fort Richardson ......................... $24,300,000

Fort Wainwright ........................ $92,459,000

California .................. Fort Irwin .................................. $38,100,000

Colorado .................... Fort Carson ................................ $59,508,000

Georgia ...................... Fort Benning ............................. $73,627,000

Fort Gillem ................................ $5,800,000

Fort McPherson ......................... $4,900,000

Fort Stewart/Hunter Army Air 

Field ....................................... $65,495,000

Hawaii ....................... Helemano Military Reservation $75,300,000

Hickam Air Force ...................... $11,200,000

Schofield Barracks ..................... $241,792,000

Kansas ....................... Fort Riley ................................... $44,050,000

Kentucky ................... Fort Campbell ............................ $89,600,000

Fort Knox .................................. $73,850,000

Louisiana ................... Fort Polk .................................... $70,953,000

Maryland ................... Fort Detrick ............................... $4,000,000

Missouri ..................... Fort Leonard Wood ................... $21,450,000

New Jersey ................ Picatinny Arsenal ....................... $9,900,000

New Mexico ............... White Sands Missile Range ....... $33,000,000

New York .................. Fort Drum ................................. $13,650,000

Fort Hamilton ............................ $7,600,000

Hancock Field ............................ $6,000,000

Military Entrance Processing 

Station, Buffalo ...................... $6,200,000

United States Military Academy, 

West Point .............................. $60,000,000

North Carolina .......... Fort Bragg ................................. $111,687,000

Oklahoma .................. Fort Sill ...................................... $17,800,000

Texas ......................... Camp Bullis ............................... $5,300,000

Fort Bliss ................................... $19,400,000

Fort Hood .................................. $88,888,000

Virginia ..................... Fort A.P. Hill ............................ $3,975,000

Fort Lee ..................................... $4,250,000

Fort Myer ................................... $49,526,000

Washington ............... Fort Lewis .................................. $48,000,000

Total ................................... $1,505,250,000

4 (b) OUTSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria-
524

•HR 4200 PCS 

1 tions in section 2104(a)(2), the Secretary of the Army 

2 may acquire real property and carry out military construc3 tion projects for the installations or locations outside the 

4 United States, and in the amounts, set forth in the fol5 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

6 SEC. 2102. FAMILY HOUSING. 

7 (a) CONSTRUCTION AND ACQUISITION.—Using 

8 amounts appropriated pursuant to the authorization of ap9 propriations in section 2104(a)(5)(A), the Secretary of the 

10 Army may construct or acquire family housing units (in11 cluding land acquisition and supporting facilities) at the 

12 installations or locations, for the purposes and in the 

13 amounts, set forth in the following table:

Army: Family Housing 

State Installation or Location Purpose Amount 

Alaska ............. Fort Richardson .......... 92 Units ......... $42,000,000

Fort Wainwright ......... 246 Units ....... $124,000,000

Arizona ............ Fort Huachuca ............ 205 Units ....... $41,000,000

Yuma Proving Ground 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
525

•HR 4200 PCS 

Army: Family Housing—Continued

State Installation or Location Purpose Amount 

Total .................... ......................... $394,900,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2104(a)(5)(A), the Secretary of the Army may 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of family housing units in an amount not 

7 to exceed $29,209,000. 

8 SEC. 2103. 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 2104(a)(5)(A), 

13 the Secretary of the Army may improve existing military 

14 family housing units in an amount not to exceed 

15 $211,990,000. 

16 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for fiscal years 

19 beginning after September 30, 2004, for military con20 struction, land acquisition and military family housing 

21 functions of the Department of the Army in the total 

22 amount of $3,428,815,000 as follows: 
526

•HR 4200 PCS 

1 (1) For military construction projects inside the 

2 United States authorized by section 2101(a), 

3 $1,335,750,000. 

4 (2) For military construction projects outside 

5 the United States authorized by section 2101(b), 

6 $115,200,000. 

7 (3) For unspecified minor military construction 

8 projects authorized by section 2805 of title 10, 

9 United States Code, $20,000,000. 

10 (4) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $161,209,000. 

13 (5) For military family housing functions: 

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military 

16 family housing and facilities, $636,099,000. 

17 (B) For support of military family housing 

18 (including the functions described in section 

19 2833 of title 10, United States Code), 

20 $926,507,000. 

21 (6) For the construction of phase 2 of a bar22 racks complex, 5th & 16th Street, at Fort Stewart/

23 Hunter Army Air Field, Georgia, authorized by sec24 tion 2101(a) of the Military Construction Authoriza-
527

•HR 4200 PCS 

1 tion Act for Fiscal Year 2004 (division B of Public 

2 Law 108–136; 117 Stat. 1697), $32,950,000. 

3 (7) For the construction of phase 3 of a bar4 racks complex renewal, Capron Road, at Schofield 

5 Barracks, Hawaii, authorized by section 2101(a) of 

6 the Military Construction Authorization Act for Fis7 cal Year 2002 (division B of Public Law 107–107; 

8 115 Stat. 1283) and as amended by section 2105 of 

9 the Military Authorization Act for Fiscal Year 2004 

10 (division B of Public Law 108–136; 117 Stat. 

11 1697), $48,000,000. 

12 (8) For the construction of phase 2 of the 

13 Lewis & Clark instructional facility at Fort Leaven14 worth, Kansas, authorized by section 2101(a) of the 

15 Military Construction Authorization Act for Fiscal 

16 Year 2003 (division B of Public Law 107–314; 116 

17 Stat. 2681), $44,000,000. 

18 (9) For the construction of phase 2 of a bar19 racks complex at Wheeler Sack Army Air Field at 

20 Fort Drum, New York, authorized by section 

21 2101(a) of the Military Construction Authorization 

22 Act for Fiscal Year 2004 (division B of Public Law 

23 108–136; 117 Stat. 1697), $48,000,000. 

24 (10) For the construction of phase 2 of a bar25 racks complex, Bastogne Drive, Fort Bragg, North 
528

•HR 4200 PCS 

1 Carolina, authorized by section 2101(a) of the Mili2 tary Construction Authorization Act for Fiscal Year 

3 2004 (division B of Public Law 108–136; 117 Stat. 

4 1697), $48,000,000. 

5 (11) For the construction of phase 3 of a main6 tenance complex at Fort Sill, Oklahoma, authorized 

7 by section 2101(a) of the Military Construction Au8 thorization Act for Fiscal Year 2003 (division B of 

9 Public Law 107–314; 116 Stat. 2681), $13,100,000. 

10 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

11 PROJECTS.—Notwithstanding the cost variations author12 ized by section 2853 of title 10, United States Code, and 

13 any other cost variation authorized by law, the total cost 

14 of all projects carried out under section 2101 of this Act 

15 may not exceed the sum of the following: 

16 (1) The total amount authorized to be appro17 priated under paragraphs (1) and (2) of subsection 

18 (a). 

19 (2) $41,000,000 (the balance of the amount au20 thorized under section 2101(a) to upgrade Drum 

21 Road, Helemano Military Reservation, Hawaii). 

22 (3) $25,000,000 (the balance of the amount au23 thorized under section 2101(a) for construction of a 

24 vehicle maintenance facility, Schofield Barracks, Ha25 waii). 
529

•HR 4200 PCS 

1 (3) $25,000,000 (the balance of the amount au2 thorized under section 2101(a) for construction of a 

3 barracks complex, Fort Campbell, Kentucky). 

4 (4) $22,000,000 (the balance of the amount au5 thorized under section 2101(a) for construction of 

6 trainee barracks, Basic Training Complex 1, Fort 

7 Knox, Kentucky). 

8 (5) $25,500,000 (the balance of the amount au9 thorized under section 2101(a) for construction of a 

10 library and learning facility, United States Military 

11 Academy, West Point, New York). 

12 (6) $31,000,000 (the balance of the amount au13 thorized under section 2101(a) for a barracks com14 plex renewal project, Fort Bragg, North Carolina). 

15 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

16 CERTAIN FISCAL YEAR 2004 PROJECTS. 

17 (a) MODIFICATION OF INSIDE THE UNITED STATES

18 PROJECTS.—The table in section 2101(a) of the Military 

19 Construction Authorization Act for Fiscal Year 2004 (di20 vision B of Public Law 108–136; 117 Stat. 1697) is 

21 amended—

22 (1) in the item relating to Fort Stewart/Hunter 

23 Army Air Field, Georgia, by striking 

24 ‘‘$113,500,000’’ in the amount column and inserting 

25 ‘‘$114,450,000’’; 
530

•HR 4200 PCS 

1 (2) in the item relating to Fort Drum, New 

2 York, by striking ‘‘$130,700,000’’ in the amount 

3 column and inserting ‘‘$135,700,000’’; and 

4 (3) by striking the amount identified as the 

5 total in the amount column and inserting 

6 ‘‘$1,043,150,000’’. 

7 (b) CONFORMING AMENDMENTS.—Section 2104(b) 

8 of that Act (117 Stat. 1700) is amended—

9 (1) in paragraph (2), by striking 

10 ‘‘$32,000,000’’ and inserting ‘‘$32,950,000’’; and 

11 (2) in paragraph (4), by striking 

12 ‘‘$43,000,000’’ and inserting ‘‘$48,000,000’’. 

13 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 

14 CERTAIN FISCAL YEAR 2003 PROJECT. 

15 (a) MODIFICATION OF INSIDE THE UNITED STATES

16 PROJECT.—The table in section 2101(a) of the Military 

17 Construction Authorization Act for Fiscal Year 2003 (di18 vision B of Public Law 107–314; 116 Stat. 2681), as 

19 amended by section 2105(a) of the Military Construction 

20 Authorization Act for Fiscal Year 2004 (division B of 

21 Public Law 108–136; 117 Stat. 1700), is further amend22 ed—

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 
531

•HR 4200 PCS 

1 (2) by striking the amount identified as the 

2 total in the amount column and inserting 

3 ‘‘$1,157,267,000’’. 

4 (b) CONFORMING AMENDMENT.—Section 2104(b)(6) 

5 of the Military Construction Authorization Act for Fiscal 

6 Year 2003 (division B of Public Law 107–314; 116 Stat. 

7 2684) is amended by striking ‘‘$25,000,000’’ and insert8 ing ‘‘$26,100,000’’.

9 TITLE XXII—NAVY 

10 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

11 ACQUISITION PROJECTS. 

12 (a) INSIDE THE UNITED STATES.—Using amounts 

13 appropriated pursuant to the authorization of appropria14 tions in section 2204(a)(1), the Secretary of the Navy may 

15 acquire real property and carry out military construction 

16 projects for the installations or locations inside the United 

17 States, and in the amounts, set forth in the following 

18 table:

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ........................ Marine Corps Air Station, Yuma $26,670,000

California ..................... Marine Corps Air-Ground Task 

Force Training Center, 

Twentynine Palms .................... $15,700,000

Marine Corps Air Station, Camp 

Pendleton ................................. $11,540,000

Marine Corps Base, Camp Pendleton ........................................ $26,915,000

Marine Corps Logistics Base, 

Barstow .................................... $4,930,000

Naval Air Facility, El Centro ...... $54,331,000

Naval Air Station, North Island .. $10,180,000
532

•HR 4200 PCS 

Navy: Inside the United States—Continued

State Installation or Location Amount 

Naval Surface Warfare Center, 

Division Corona ........................ $9,850,000

Connecticut .................. Naval Submarine Base, New London ........................................... $50,302,000

District of Columbia .... Naval Observatory, Washington .. $3,239,000

Florida ......................... Eglin Air Force Base ................... $2,060,000

Naval Station, Mayport ............... $6,200,000

Georgia ........................ Strategic Weapons Facility Atlantic, Kings Bay .......................... $16,000,000

Hawaii ......................... Naval Shipyard, Pearl Harbor ..... $5,100,000

Illinois .......................... Naval Training Center, Great 

Lakes ........................................ $74,781,000

Indiana ........................ Naval Surface Warfare Center, 

Crane ........................................ $10,580,000

Louisiana ..................... Joint Reserve Base/Naval Air 

Station, New Orleans ............... $6,030,000

Maryland ..................... Naval Surface Warfare Center, 

Indian Head ............................. $23,000,000

North Carolina ............ Marine Corps Air Station, New 

River......................................... $35,140,000

Marine Corps Base, Camp 

Lejeune ..................................... $11,030,000

Nevada ......................... Naval Air Station, Fallon ............ $4,980,000

South Carolina ............ Marine Corps Air Station, Beaufort ........................................... $5,480,000

Virginia ........................ Camp Elmore Marine Corps Detachment .................................. $13,500,000

Marine Corps Air Facility, 

Quantico ................................... $21,180,000

Marine Corps Combat Development Command, Quantico ....... $24,140,000

Naval Air Station, Oceana ........... $2,770,000

Naval Amphibious Base, Little 

Creek ........................................ $9,550,000

Naval Station, Norfolk ................. $4,330,000

Naval Weapons Station, Yorktown .......................................... $9,870,000

Washington .................. Naval Air Station, Whidbey Island .......................................... $1,990,000

Naval Shipyard, Puget Sound ..... $23,455,000

Naval Station, Bremerton ............ $74,125,000

Strategic Weapons Facility Pacific, Bangor............................. $131,090,000

Total ..................................... $730,038,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria-
533

•HR 4200 PCS 

1 tions in section 2204(a)(2), the Secretary of the Navy may 

2 acquire real property and carry out military construction 

3 projects for the installations or locations outside the 

4 United States, and in the amounts, set forth in the fol5 lowing table:

Navy: Outside the United States 

Country Installation or Location Amount 

Bahamas ...................... Naval Undersea Warfare Center, 

Andros Islands ......................... $20,750,000

Diego Garcia ............... Naval Support Facility, Diego 

Garcia ....................................... $17,500,000

Guam ........................... Naval Public Works Center, 

Guam ........................................ $20,700,000

Naval Station, Guam ................... $12,500,000

Italy ............................. Sigonella ....................................... $22,550,000

Spain ........................... Naval Station, Rota ..................... $32,700,000

Total ..................................... $126,700,000

6 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2204(a)(3), the Secretary of the Navy may 

9 acquire real property and carry out military construction 

10 projects for the installations or locations and in the 

11 amount, set forth in the following table:

Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Unspecified Worldwide ................. $148,640,000

Total ..................................... $148,640,000

12 SEC. 2202. FAMILY HOUSING. 

13 Using amounts appropriated pursuant to the author14 ization of appropriations in section 2204(a)(6)(A), the 
534

•HR 4200 PCS 

1 Secretary of the Navy may construct or acquire family 

2 housing units (including land acquisition and supporting 

3 facilities) at the installations or locations, for the purposes 

4 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

5 SEC. 2203. 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 2204(a)(6)(A), 

10 the Secretary of the Navy may improve existing military 

11 family housing units in an amount not to exceed 

12 $112,105,000. 

13 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

15 are hereby authorized to be appropriated for fiscal years 

16 beginning after September 30, 2004, for military con17 struction, land acquisition, and military family housing 

18 functions of the Department of the Navy in the total 

19 amount of $1,913,273,000, as follows: 
535

•HR 4200 PCS 

1 (1) For military construction projects inside the 

2 United States authorized by section 2201(a), 

3 $631,908,000.

4 (2) For military construction projects outside 

5 the United States authorized by section 2201(b), 

6 $126,700,000. 

7 (3) For the military construction projects at 

8 unspecified worldwide locations authorized by section 

9 2201(c), $98,560,000. 

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, $93,804,000. 

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), $696,304,000. 

23 (7) For the construction of increment 2 of the 

24 tertiary sewage treatment plant at Marine Corps 

25 Base, Camp Pendleton, California, authorized by 
536

•HR 4200 PCS 

1 section 2201(a) of the Military Construction Author2 ization Act for Fiscal Year 2004 (division B of Pub3 lic Law 108–136; 117 Stat. 1703), $25,690,000. 

4 (8) For the construction of increment 2 of the 

5 general purpose berthing pier at Naval Weapons 

6 Station, Earle, New Jersey, authorized by section 

7 2201(a) of the Military Construction Authorization 

8 Act of Fiscal Year 2004 (division B of Public Law 

9 108–136; 117 Stat. 1704), $49,200,000. 

10 (9) For the construction of increment 2 of pier 

11 11 replacement at Naval Station, Norfolk, Virginia, 

12 authorized by section 2201(a) of the Military Con13 struction Authorization Act of Fiscal Year 2004 (di14 vision B of Public Law 108–136; 117 Stat. 1704), 

15 $40,000,000. 

16 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

17 PROJECTS.—Notwithstanding the cost variations author18 ized by section 2853 of title 10, United States Code, and 

19 any other cost variation authorized by law, the total cost 

20 of all projects carried out under section 2201 of this Act 

21 may not exceed the sum of the following: 

22 (1) The total amount authorized to be appro23 priated under paragraphs (1), (2) and (3) of sub24 section (a). 
537

•HR 4200 PCS 

1 (2) $21,000,000 (the balance of the amount au2 thorized under section 2201(a) for apron and hangar 

3 recapitalization, Naval Air Facility, El Centro, Cali4 fornia). 

5 (3) $40,000,000 (the balance of the amount au6 thorized under section 2201(a) for construction of 

7 bachelor enlisted quarters, Naval Station, Brem8 erton, Washington). 

9 (4) $95,320,000 (the balance of the amount au10 thorized under section 2201(a) for construction of a 

11 limited area processing and storage complex, Stra12 tegic Weapons Facility Pacific, Bangor, Wash13 ington). 

14 (5) $34,098,000 (the balance of the amount au15 thorized under section 2201(c) for construction of a 

16 White Side complex at an unspecified location world17 wide). 

18 (6) $15,982,000 (the balance of the amount au19 thorized under section 2201(c) for construction of a 

20 presidential helicopter programs support facility at 

21 an unspecified location).
538

•HR 4200 PCS 

1 TITLE XXIII—AIR FORCE 

2 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

3 LAND ACQUISITION PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2304(a)(1), the Secretary of the Air Force 

7 may acquire real property and carry out military construc8 tion projects for the installations or locations inside the 

9 United States, and in the amounts, set forth in the fol10 lowing table:

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska .......................... Elmendorf Air Force Base ........... $26,057,000

Arizona ........................ Davis-Monthan Air Force Base ... $17,029,000

Luke Air Force Base ................... $17,900,000

Arkansas ...................... Little Rock Air Force Base ......... $8,931,000

California ..................... Beale Air Force Base ................... $10,186,000

Edwards Air Force Base ............. $9,965,000

Travis Air Force Base ................. $18,894,000

Colorado ...................... Buckley Air Force Base ............... $12,247,000

Florida ......................... Tyndall Air Force Base ............... $29,162,000

Georgia ........................ Moody Air Force Base ................. $9,600,000

Robins Air Force Base ................ $21,570,000

Hawaii ......................... Hickam Air Force Base ............... $25,900,000

Louisiana ..................... Barksdale Air Force Base ........... $13,800,000

Maryland ..................... Andrews Air Force Base .............. $17,100,000

Mississippi ................... Columbus Air Force Base ............ $7,700,000

Missouri ....................... Whiteman Air Force Base ........... $7,600,000

New Mexico ................. Kirtland Air Force Base .............. $9,200,000

North Carolina ............ Pope Air Force Base .................... $15,150,000

Ohio ............................. Wright-Patterson Air Force Base $9,200,000

South Carolina ............ Shaw Air Force Base ................... $7,000,000

Tennessee .................... Arnold Air Force Base ................. $24,500,000

Texas ........................... Dyess Air Force Base .................. $3,300,000

Lackland Air Force Base ............. $2,596,000

Laughlin Air Force Base ............. $6,900,000

Sheppard Air Force Base ............ $50,284,000

Utah ............................ Hill Air Force Base ..................... $18,013,000

Wyoming ...................... F.E. Warren Air Force Base ....... $5,500,000

Total ..................................... $405,284,000
539

•HR 4200 PCS 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or 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 Force Base ............. $19,593,000

Italy ............................. Aviano Air Base ........................... $6,760,000

Japan ........................... Misawa Air Base .......................... $6,700,000

Korea ........................... Kunsan Air Base ......................... $37,100,000

Osan Air Base .............................. $18,600,000

Portugal ....................... Lajes Field, Azores ...................... $5,689,000

Spain ........................... Naval Station, Rota ..................... $14,153,000

United Kingdom .......... Royal Air Force Lakenheath ....... $5,500,000

Total ..................................... $159,299,000

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2304(a)(3), the Secretary of the Air Force 

11 may acquire real property and carry out military construc12 tion projects for the installations or locations, and in the 

13 amount, set forth in the following table:

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Classified Locations ..................... $26,121,000

Unspecified Worldwide ................. $28,794,000

Total ..................................... $54,915,000
540

•HR 4200 PCS 

1 SEC. 2302. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(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 ........................ 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
541

•HR 4200 PCS 

Air Force: Family Housing—Continued

State Installation or Location Purpose Amount 

Goodfellow Air Force 

Base ........................ 127 Units ....... $20,604,000

Germany .......... Ramstein Air Base ...... 144 Units ....... $57,691,000

Italy ................. Aviano Air Base .......... Housing Office $2,542,000

Korea .............. Osan Air Base ............. 117 Units ....... $46,834,000

United Kingdom.Royal Air Force 

Lakenheath ............. 154 Units ....... $43,976,000

Total .................... ......................... $570,340,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2304(a)(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, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2304(a)(6)(A), 

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed 

15 $238,353,000. 
542

•HR 4200 PCS 

1 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

2 FORCE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

4 are hereby authorized to be appropriated for fiscal years 

5 beginning after September 30, 2004, for military con6 struction, land acquisition, and military family housing 

7 functions of the Department of the Air Force in the total 

8 amount of $2,500,249,000, as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2301(a), 

11 $405,284,000. 

12 (2) For military construction projects outside 

13 the United States authorized by section 2301(b), 

14 $159,299,000. 

15 (3) For the military construction projects at 

16 unspecified worldwide locations authorized by section 

17 2301(c), $54,915,000. 

18 (4) For unspecified minor military construction 

19 projects authorized by section 2805 of title 10, 

20 United States Code, $13,000,000. 

21 (5) For architectural and engineering services 

22 and construction design, under section 2807 of title 

23 10, United States Code, $166,126,000. 

24 (6) For military family housing functions: 
543

•HR 4200 PCS 

1 (A) For construction and acquisition, plan2 ning and design and improvement of military 

3 family housing and facilities, $846,959,000. 

4 (B) For support of military family housing 

5 (including functions described in section 2833 

6 of title 10, United States Code), $854,666,000. 

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and 

10 any other cost variation authorized by law, the total cost 

11 of all projects carried out under section 2301 of this Act 

12 may not exceed the total amount authorized to be appro13 priated under paragraphs (1), (2), and (3) of subsection 

14 (a).

15 TITLE XXIV—DEFENSE 

16 AGENCIES 

17 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC18 TION AND LAND ACQUISITION PROJECTS. 

19 (a) INSIDE THE UNITED STATES.—Using amounts 

20 appropriated pursuant to the authorization of appropria21 tions in section 2404(a)(1), the Secretary of Defense may 

22 acquire real property and carry out military construction 

23 projects for the installations or locations inside the United 

24 States, and in the amounts, set forth in the following 

25 table:
544

•HR 4200 PCS 

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

Defense Supply Center, Columbus, Ohio .................................. $5,500,000

Marina Corps Air Station, Cherry 

Point, North Carolina .............. $22,700,000

Naval Air Station, Kingsville, 

Texas ........................................ $3,900,000

Naval Station, Pearl Harbor, Hawaii ........................................... $3,500,000

Tinker Air Force Base, Oklahoma $5,400,000

Travis Air Force Base, California $15,100,000

Missile Defense Agency Huntsville, Alabama ..................... $19,560,000

National Security 

Agency ..................... Fort Meade, Maryland ................. $15,007,000

Special Operations 

Command ................ Corona, California ........................ $13,600,000

Fleet Combat Training Center, 

Dam Neck, Virginia ................. $5,700,000

Fort A.P. Hill, Virginia ............... $1,500,000

Fort Bragg, North Carolina ........ $42,888,000

Fort Stewart/Hunter Army Air 

Field, Georgia .......................... $17,600,000

Hurlburt Field, Florida ............... $2,500,000

Naval Amphibious Base, Little 

Creek, Virginia ......................... $33,200,000

Naval Air Station, North Island, 

California ................................. $1,000,000

TRICARE Management Activity ........... Buckley Air Force Base, Colorado $2,100,000

Defense Language Institute, Presidio, Monterey ......................... $6,700,000

Fort Belvoir, Virginia .................. $100,000,000

Fort Benning, Georgia ................. $7,100,000

Langley Air Force Base, Virginia $50,800,000

Marine Corps Recruit Depot, 

Parris Island, South Carolina .. $25,000,000

Naval Air Station, Jacksonville, 

Florida ...................................... $28,438,000

Total ..................................... $470,782,000
545

•HR 4200 PCS 

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 or 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 Activity ........................ Grafenwoehr, Germany ................ $36,247,000

Naval Station, Guam ................... $26,964,000

Vilseck, Germany ......................... $9,011,000

Defense Logistics 

Agency ..................... Defense Fuel Support Point, 

Lajes Field, Portugal ............... $19,113,000

Misawa Air Base, Japan .............. $19,900,000

Special Operations 

Command ................ Naval Station, Guam, Marianas 

Islands ...................................... $2,200,000

Royal Air Force Mildenhall, 

United Kingdom ....................... $10,200,000

TRICARE Management Activity ........... Diego Garcia ................................ $3,800,000

Grafenwoehr, Germany ................ $13,000,000

Total ..................................... $140,435,000

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2404(a)(3), the Secretary of Defense may 

11 acquire real property and carry out military construction 

12 projects for the installations or locations, and in the 

13 amount, set forth in the following table:
546

•HR 4200 PCS 

Defense Agencies: Unspecified Worldwide 

Location Installation or Location Amount 

Special Operations 

Command ................ Classified Locations ..................... $7,400,000

Unspecified Worldwide ................. $2,900,000

Total ..................................... $10,300,000

1 SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2404(a)(9)(A), 

6 the Secretary of Defense may improve existing military 

7 family housing units in an amount not to exceed $49,000. 

8 SEC. 2403. ENERGY CONSERVATION PROJECTS. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2404(a)(7), the Sec11 retary of Defense may carry out energy conservation 

12 projects under section 2865 of title 10, United States 

13 Code, in the amount of $50,000,000. 

14 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE15 FENSE AGENCIES. 

16 (a) MODIFICATION OF INSIDE THE UNITED STATES

17 PROJECTS.—Funds are hereby authorized to be appro18 priated for fiscal years beginning after September 30, 

19 2004, for military construction, land acquisition, and mili20 tary family housing functions of the Department of De-
547

•HR 4200 PCS 

1 fense (other than the military departments) in the total 

2 amount of $1,089,063,000, as follows: 

3 (1) For military construction projects inside the 

4 United States authorized by section 2401(a), 

5 $413,782,000. 

6 (2) For military construction projects outside 

7 the United States authorized by section 2401(b), 

8 $140,435,000. 

9 (3) For the military construction projects at 

10 unspecified worldwide locations authorized by section 

11 2401(c), $10,300,000. 

12 (4) For unspecified minor military construction 

13 projects under section 2805 of title 10, United 

14 States Code, $20,938,000. 

15 (5) For contingency construction projects of the 

16 Secretary of Defense under section 2804 of title 10, 

17 United States Code, $10,000,000. 

18 (6) For architectural and engineering services 

19 and construction design under section 2807 of title 

20 10, United States Code, $63,482,000. 

21 (7) For Energy Conservation projects author22 ized by section 2404 of this Act, $50,000,000. 

23 (8) For base closure and realignment activities 

24 as authorized by the Defense Base Closure and Re25 alignment Act of 1990 (part A of title XXIX of 
548

•HR 4200 PCS 

1 Public Law 101–510; 10 U.S.C. 2687 note), 

2 $246,116,000. 

3 (9) For military family housing functions: 

4 (A) For improvement of military family 

5 housing and facilities, $49,000. 

6 (B) For support of military family housing 

7 (including functions described in section 2833 

8 of title 10, United States Code), $49,575,000. 

9 (C) For credit to the Department of De10 fense Family Housing Improvement Fund es11 tablished by section 2883(a)(1) of title 10, 

12 United States Code, $2,500,000. 

13 (10) For the construction of phase 6 of an am14 munition demilitarization facility at Pueblo Depot 

15 Activity, Colorado, authorized by section 2401(a) of 

16 the Military Construction Authorization Act for Fis17 cal Year 1997 (division B of Public Law 104–201; 

18 110 Stat. 2775), as amended by section 2406 of the 

19 Military Construction Authorization Act for Fiscal 

20 Year 2000 (division B of Public Law 106–65; 113 

21 Stat. 839), and section 2407 of the Military Con22 struction Authorization Act for Fiscal Year 2003 

23 (division B of Public Law 107–314; 116 Stat. 

24 2698), $44,792,000. 
549

•HR 4200 PCS 

1 (11) For the construction of phase 5 of an am2 munition demilitarization facility at Blue Grass 

3 Army Depot, Kentucky, authorized by section 

4 2401(a) of the Military Construction Authorization 

5 Act for Fiscal Year 2000 (division B of Public Law 

6 106–65; 113 Stat. 835), as amended by section 

7 2405 of the Military Construction Authorization Act 

8 of 2002 (division B of Public Law 107–107; 115 

9 Stat. 1298), and section 2405 of the Military Con10 struction Authorization Act for Fiscal Year 2003 

11 (division B of Public Law 107–314; 116 Stat. 

12 2698), $37,094,000. 

13 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

14 PROJECTS.—Notwithstanding the cost variations author15 ized by section 2853 of title 10, United States Code, and 

16 any other cost variation authorized by law, the total cost 

17 of all projects carried out under section 2401 of this Act 

18 may not exceed the sum of the following: 

19 (1) The total amount authorized to be appro20 priated under paragraphs (1), (2) and (3) of sub21 section (a). 

22 (2) $57,000,000 (the balance of the amount au23 thorized under section 2401(a) for hospital replace24 ment, Fort Belvoir, Virginia).
550

•HR 4200 PCS 

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. 
551

•HR 4200 PCS 

1 TITLE XXVI—GUARD AND 

2 RESERVE FORCES FACILITIES 

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2004, for the 

7 costs of acquisition, architectural and engineering services, 

8 and 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, $393,225,000; and 

16 (B) for the Army Reserve, $116,955,000. 

17 (2) For the Department of the Navy, for the 

18 Naval and Marine Corps Reserve, $30,955,000. 

19 (3) For the Department of the Air Force—

20 (A) for the Air National Guard of the 

21 United States, $184,620,000; and 

22 (B) for the Air Force Reserve, 

23 $107,520,000. 
552

•HR 4200 PCS 

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 

25 been obligated before the later of—
553

•HR 4200 PCS 

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, or contributions to the North 

6 Atlantic Treaty Organization Security Investment 

7 program. 

8 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

9 FISCAL YEAR 2002 PROJECTS. 

10 (a) EXTENSION.—Notwithstanding section 2701 of 

11 the Military Construction Authorization Act for Fiscal 

12 Year 2002 (division B of Public Law 107–107; 115 Stat. 

13 1301), authorizations set forth in the tables in subsection 

14 (b), as provided in section 2101 or 2302 of that Act, shall 

15 remain in effect until October 1, 2005, or the date of the 

16 enactment of an Act authorizing funds for military con17 struction for fiscal year 2006, whichever is later. 

18 (b) TABLES.—The tables referred to in subsection (a) 

19 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
554

•HR 4200 PCS 

Air Force: Extension of 2002 Project Authorizations 

State Installation or 

Location Project Amount 

Colorado .............. Buckley Air Force 

Base ................ Family housing 

(55 Units) ....... $11,400,000

Louisiana ............. Barksdale Air 

Force Base ...... Family housing 

(56 Units) ....... $7,300,000

1 SEC. 2703. EXTENSION AND RENEWAL OF AUTHORIZATIONS 

2 OF CERTAIN FISCAL YEAR 2001 PROJECTS. 

3 (a) EXTENSION AND RENEWAL.—Notwithstanding 

4 section 2701 of the Military Construction Authorization 

5 Act for Fiscal Year 2001 (division B of the Floyd D. 

6 Spence National Defense Authorization Act for Fiscal 

7 Year 2001 (as enacted into law by Public Law 106–398; 

8 114 Stat. 1654A–407)), authorizations set forth in the ta9 bles in subsection (b), as provided in section 2102 or 2401 

10 of that Act and, in the case of the authorization set forth 

11 in the first table in subsection (b), extended by section 

12 2702 of the Military Construction Authorization Act for 

13 Fiscal Year 2004 (division B of Public Law 108–136; 117 

14 Stat. 1716), shall remain in effect until October 1, 2005, 

15 or the date of the enactment of an Act authorizing funds 

16 for military construction for fiscal year 2006, whichever 

17 is later. 

18 (b) TABLES.—The tables referred to in subsection (a) 

19 are as follows:
555

•HR 4200 PCS 

Army: Extension of 2001 Project Authorization 

State Installation or 

Location Project Amount 

South Carolina .... Fort Jackson ...... Family housing (1 

unit) ................ $250,000

Defense Agencies: Extension of 2001 Project 

Authorizations 

Agency Installation or 

Location Project Amount 

Defense Finance 

and Accounting 

Service ............. Kleber Kaserne, 

Germany ......... Building renovation .................. $7,400,000

Defense Education 

Activity ............ Osan Air Base, 

Korea .............. Osan Elementary 

School addition $843,000

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.
556

•HR 4200 PCS 

1 TITLE XXVIII—GENERAL 

2 PROVISIONS

3 Subtitle A—Military Construction 

4 Program and Military Family 

5 Housing Changes 

6 SECTION 2801. INCREASE IN CERTAIN THRESHOLDS FOR 

7 CARRYING OUT UNSPECIFIED MINOR MILI8 TARY CONSTRUCTION PROJECTS. 

9 (a) ADVANCE APPROVAL AND CONGRESSIONAL NOTI10 FICATION THRESHOLD.—Subsection (b)(1) of section 

11 2805 of title 10, United States Code, is amended by strik12 ing ‘‘$750,000’’ and inserting ‘‘$1,000,000’’. 

13 (b) USE OF OPERATION AND MAINTENANCE FUNDS

14 THRESHOLD.—Subsection (c) of such section is amend15 ed—

16 (1) by striking paragraph (1) and inserting the 

17 following new paragraph: 

18 ‘‘(1) Except as provided in paragraphs (2) and (3), 

19 the Secretary concerned may spend from appropriations 

20 available for operation and maintenance amounts nec21 essary to carry out an unspecified minor military construc22 tion project costing not more than $1,500,000.’’; and 

23 (2) in paragraph (3), by striking ‘‘limitations’’ 

24 and inserting ‘‘limitation’’. 
557

•HR 4200 PCS 

1 SEC. 2802. ASSESSMENT OF VULNERABILITY OF MILITARY 

2 INSTALLATIONS TO TERRORIST ATTACK AND 

3 ANNUAL REPORT ON MILITARY CONSTRUC4 TION REQUIREMENTS RELATED TO 

5 ANTITERRORISM AND FORCE PROTECTION. 

6 (a) ANNUAL ASSESSMENT AND REPORT.—Section 

7 2808 of title 10, United States Code, is amended by add8 ing at the end the following new subsection: 

9 ‘‘(d) ANTITERRORISM AND FORCE PROTECTION AS10 SESSMENTS AND MILITARY CONSTRUCTION REQUIRE11 MENTS.—(1) The Secretary of Defense shall develop com12 mon guidance and criteria to be used by the Secretary con13 cerned— 

14 ‘‘(A) to assess the vulnerability of military in15 stallations located inside and outside of the United 

16 States to terrorist attack; 

17 ‘‘(B) to develop construction standards designed 

18 to reduce the vulnerability of structures to terrorist 

19 attack and improve the security of the occupants of 

20 such structures; 

21 ‘‘(C) to prepare and carry out military con22 struction projects, such as gate and fenceline con23 struction, to improve the physical security of mili24 tary installations; and 
558

•HR 4200 PCS 

1 ‘‘(D) to assist in prioritizing such projects with2 in the military construction budget of each of the 

3 armed forces. 

4 ‘‘(2) The Secretary of Defense shall require vulner5 ability assessments of military installations to be con6 ducted, at regular intervals, using the criteria developed 

7 under paragraph (1). 

8 ‘‘(3) As part of the budget materials submitted to 

9 Congress in connection with the submission of the budget 

10 for a fiscal year pursuant to section 1105 of title 31, but 

11 in no case later than March 15 of each year, the Secretary 

12 of Defense shall submit a report describing—

13 ‘‘(A) the location and results of the vulner14 ability assessments conducted during the preceding 

15 fiscal year; 

16 ‘‘(B) the military construction requirements an17 ticipated to be necessary during the next three fiscal 

18 years to improve the physical security of military in19 stallations; and 

20 ‘‘(C) the extent to which funds are not re21 quested in the Department of Defense budget for 

22 the next fiscal year to meet those requirements. 

23 ‘‘(4) In the case of the report required under para24 graph (3) to be submitted in 2006, the Secretary of De25 fense shall include a certification by the Secretary that 
559

•HR 4200 PCS 

1 since September 11, 2001, vulnerability assessments have 

2 been undertaken at all major military installations. The 

3 Secretary shall indicate the basis by which the Secretary 

4 differentiated between major and nonmajor military in5 stallations for purposes of making the certification.’’. 

6 (b) STYLISTIC AND CLERICAL AMENDMENTS.—(1) 

7 The heading of such section is amended to read as follows: 

8 ‘‘§ 2808. Construction authority related to declaration 

9 of war or national emergency; construc10 tion requirements related to 

11 antiterrorism and force protection’’. 

12 (2) Such section is further amended—

13 (A) in subsection (a), by inserting ‘‘CONSTRUC14 TION AUTHORITY; LIMITATION.—’’ after ‘‘(a)’’; 

15 (B) in subsection (b), by inserting ‘‘CONGRES16 SIONAL NOTIFICATION.—’’ after ‘‘(b)’’; and 

17 (C) in subsection (c), by inserting ‘‘TERMI18 NATION.—’’ after ‘‘(c)’’. 

19 (3) The table of sections at the beginning of chapter 

20 169 of such title is amended by striking the item relating 

21 to section 2808 and inserting the following new item:

‘‘2808. Construction authority related to declaration of war or national emergency; construction requirements related to antiterrorism and 

force protection.’’.
560

•HR 4200 PCS 

1 SEC. 2803. CHANGE IN THRESHOLD FOR CONGRESSIONAL 

2 NOTIFICATION REGARDING USE OF OPER3 ATION AND MAINTENANCE FUNDS FOR FA4 CILITY REPAIR. 

5 Section 2811(d) of title 10, United States Code, is 

6 amended by striking ‘‘$10,000,000’’ and inserting 

7 ‘‘$7,500,000’’. 

8 SEC. 2804. REPORTING REQUIREMENTS REGARDING MILI9 TARY FAMILY HOUSING REQUIREMENTS FOR 

10 GENERAL OFFICERS AND FLAG OFFICERS. 

11 (a) ANNUAL REPORT ON COST OF GENERAL AND

12 FLAG OFFICERS QUARTERS.—Section 2831 of title 10, 

13 United States Code, is amended by adding at the end the 

14 following new subsection: 

15 ‘‘(e) ANNUAL REPORT OF COST OF GENERAL OFFI16 CERS AND FLAG OFFICERS QUARTERS.—As part of the 

17 budget materials submitted to Congress in connection with 

18 the submission of the budget for a fiscal year pursuant 

19 to section 1105 of title 31, but in no case later than March 

20 30 of each year, the Secretary of Defense shall submit 

21 a report—

22 ‘‘(1) identifying family housing units used, or 

23 intended for use, as quarters for general officers or 

24 flag officers for which the total operation and main25 tenance costs, utility costs, and repair costs are an-
561

•HR 4200 PCS 

1 ticipated to exceed $20,000 in the next fiscal year; 

2 and 

3 ‘‘(2) specifying the total of such costs for each 

4 unit of family housing identified under paragraph 

5 (1).’’. 

6 (b) REPORT ON NEED FOR SUCH QUARTERS IN NA7 TIONAL CAPITAL REGION.—The Secretary of Defense 

8 shall prepare a report analyzing anticipated needs in the 

9 National Capital Region for family housing units for gen10 eral officers and flag officers. In conducting the analysis, 

11 the Secretary shall consider the extent of available housing 

12 in the National Capital Region and the necessity of pro13 viding housing for general officers and flag officers in se14 cure locations. 

15 (c) REPORT ON WORLD-WIDE INVENTORY OF SUCH

16 QUARTERS.—The Secretary of Defense shall prepare a re17 port containing a worldwide inventory of family housing 

18 units for general officers and flag officers and identifying 

19 annual expenditures for each such unit for operation and 

20 maintenance, utilities, and repair for each for the fiscal 

21 years 2000 through 2004. 

22 (d) SUBMISSION OF REPORTS.—The reports required 

23 by subsections (b) and (c) shall be submitted to the con24 gressional defense committees not later than March 30, 

25 2005. 
562

•HR 4200 PCS 

1 (e) DEFINITIONS.—In this section: 

2 (1) The terms ‘‘general officer’’ and ‘‘flag offi3 cer’’ have the meanings given such terms in section 

4 101(b) of title 10, United States Code. 

5 (2) The term ‘‘National Capital Region’’ has 

6 the meaning given such term in section 2674(f) of 

7 such title. 

8 SEC. 2805. CONGRESSIONAL NOTIFICATION OF DEVIATIONS 

9 FROM AUTHORIZED COST VARIATIONS FOR 

10 MILITARY CONSTRUCTION PROJECTS AND 

11 MILITARY FAMILY HOUSING PROJECTS. 

12 Section 2853(c)(3) of title 10, United States Code, 

13 is amended by inserting before the period at the end the 

14 following: ‘‘or, if over sooner, a period of 14 days has 

15 elapsed after the date on which a copy of the notification 

16 is provided in an electronic medium pursuant to section 

17 480 of this title’’. 

18 SEC. 2806. REPEAL OF LIMITATION ON USE OF ALTER19 NATIVE AUTHORITY FOR ACQUISITION AND 

20 IMPROVEMENT OF MILITARY FAMILY HOUS21 ING. 

22 Effective October 1, 2005, subsection (g) of section 

23 2883 of title 10, United States Code, is amended to read 

24 as follows: 
563

•HR 4200 PCS 

1 ‘‘(g) LIMITATION ON USE OF AUTHORITY TO AC2 QUIRE OR CONSTRUCT MILITARY UNACCOMPANIED

3 HOUSING.—The total value in budget authority of all con4 tracts and investments undertaken using the authorities 

5 provided in this subchapter for the acquisition or construc6 tion of military unaccompanied housing shall not exceed 

7 $150,000,000.’’. 

8 SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DE9 SIGN EFFORTS FOR MILITARY CONSTRUC10 TION PROJECTS CARRIED OUT USING DE11 SIGN-BUILD SELECTION PROCEDURES. 

12 Section 2305a of title 10, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(f) SPECIAL AUTHORITY FOR MILITARY CONSTRUC16 TION PROJECTS.—(1) The Secretary of a military depart17 ment, and the Secretary of Defense with respect to mat18 ters concerning the Defense Agencies, may use funds 

19 available to the Secretary under section 2807(a) or 

20 18233(e) of this title to accelerate the design effort in con21 nection with a military construction project for which the 

22 two-phase selection procedures described in subsection (c) 

23 are used to select the contractor for both the design and 

24 construction portion of the project before the project is 

25 specifically authorized by law and before funds are appro-
564

•HR 4200 PCS 

1 priated for the construction portion of the project. Not2 withstanding the limitations contained in such sections, 

3 use of such funds for the design portion of a military con4 struction project may continue despite the subsequent au5 thorization of the project. The advance notice requirement 

6 of section 2807(b) of this title shall continue to apply 

7 whenever the estimated cost of the design portion of the 

8 project exceeds the amount specified in such section. 

9 ‘‘(2) Any military construction contract that provides 

10 for an accelerated design effort, as authorized by para11 graph (1), shall include as a condition of the contract that 

12 the liability of the United States in a termination for con13 venience may not exceed costs above the costs attributable 

14 to the final design of the project. 

15 ‘‘(3) Not more than 36 military construction projects 

16 containing the accelerated design effort authorized by 

17 paragraph (1) may be carried out. 

18 ‘‘(4) Not later than March 1, 2007, the Secretary of 

19 Defense shall submit to the congressional defense commit20 tees a report evaluating the usefulness of the authority 

21 provided by this subsection in expediting the design and 

22 construction of military construction projects. The author23 ity provided by this subsection expires September 30, 

24 2008, except that, if the report required by this paragraph 
565

•HR 4200 PCS 

1 is not submitted by March 1, 2007, the authority shall 

2 expire on that date.’’. 

3 SEC. 2808. EXCHANGE OR SALE OF RESERVE COMPONENT 

4 FACILITIES TO ACQUIRE REPLACEMENT FA5 CILITIES. 

6 Section 18233 of title 10, United States Code, is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(g)(1) The Secretary of Defense may convey, by ex10 change or sale, an existing facility of a reserve component 

11 of the armed forces for the purpose of acquiring a replace12 ment facility under this section or using the proceeds from 

13 the sale to acquire a replacement facility under this sec14 tion, if the Secretary determines it is in the best interests 

15 of the United States to acquire the replacement facility 

16 by such exchange or sale. The United States shall receive 

17 funds or a replacement facility, or a combination of both, 

18 having a total value at least equal to the fair market value 

19 of the conveyed facility. 

20 ‘‘(2) Acquisition of a replacement facility under this 

21 subsection may be accomplished by construction, expan22 sion, rehabilitation, or conversion and must result in a 

23 fully equipped and operational replacement facility. Noth24 ing in this subsection prohibits the Secretary of Defense 

25 from contributing additional funds, in accordance with 
566

•HR 4200 PCS 

1 this section, to obtain a fully equipped and operational re2 placement facility. 

3 ‘‘(3) Funds received under this subsection shall be 

4 deposited in a separate account and remain available to 

5 the Secretary of Defense, without appropriation, for use 

6 in accordance with this subsection. Any funds received 

7 under this subsection in connection with a conveyance in 

8 excess of the funds required to obtain a fully equipped and 

9 operational replacement facility for the conveyed facility 

10 may be used by the Secretary for the purposes of sub11 section (a).’’. 

12 SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED 

13 AUTHORITY TO USE OPERATION AND MAIN14 TENANCE FUNDS FOR CONSTRUCTION 

15 PROJECTS OUTSIDE THE UNITED STATES. 

16 Section 2808 of the Military Construction Authoriza17 tion Act for Fiscal Year 2004 (division B of Public Law 

18 108–136; 117 Stat. 1723) is amended—

19 (1) in subsections (a) and (d), by striking ‘‘fis20 cal year 2004’’ both places it appears and inserting 

21 ‘‘fiscal years 2004 and 2005’’; and 

22 (2) in subsection (c)(1), by striking ‘‘in fiscal 

23 year 2004’’ and inserting ‘‘in a fiscal year’’. 
567

•HR 4200 PCS 

1 SEC. 2810. CONSIDERATION OF COMBINATION OF MILITARY 

2 MEDICAL TREATMENT FACILITIES AND 

3 HEALTH CARE FACILITIES OF DEPARTMENT 

4 OF VETERANS AFFAIRS. 

5 (a) DEPARTMENT OF DEFENSE CONSIDERATION OF

6 JOINT CONSTRUCTION.—(1) Subchapter I of chapter 169 

7 of title 10, United States Code, is amended by adding at 

8 the end the following new section: 

9 ‘‘§ 2816. Consideration of joint construction and use 

10 of military medical treatment facilities 

11 and health care facilities of the Depart12 ment of Veterans Affairs 

13 ‘‘In the case of the budget submitted under section 

14 1105 of title 31 for any fiscal year, the Secretary of De15 fense shall include in the budget justification materials 

16 submitted to Congress in support of the budget a certifi17 cation that, in evaluating for inclusion in the budget for 

18 that fiscal year any military construction project for con19 struction in the United States (or a territory or possession 

20 of the United States) of a new military medical treatment 

21 facility, the Secretary, after consulting with the Secretary 

22 of Veterans Affairs, evaluated the feasibility of carrying 

23 out the project so as to establish with the Department of 

24 Veterans Affairs a joint medical facility that—
568

•HR 4200 PCS 

1 ‘‘(1) could serve as a facility for health re2 sources sharing between the Department of Defense 

3 and the Department of Veterans Affairs; and 

4 ‘‘(2) would be no more costly to each Depart5 ment to construct and operate than separate facili6 ties for each Department.’’. 

7 (2) The table of sections at the beginning of such sub8 chapter is amended by adding at the end the following 

9 new item:

‘‘2816. Consideration of joint construction and use of military medical treatment 

facilities and health care facilities of the Department of Veterans Affairs.’’.

10 (b) DEPARTMENT OF VETERANS AFFAIRS CONSID11 ERATION OF JOINT CONSTRUCTION.—Section 8104(b) of 

12 title 38, United States Code, is amended by adding at the 

13 end the following new paragraph: 

14 ‘‘(9) In the case of a prospectus proposing the 

15 construction of a new or replacement medical facil16 ity, the Secretary’s certification that the Secretary, 

17 after consulting with the Secretary of Defense, eval18 uated the feasibility of carrying out the project so as 

19 to establish with the Department of Defense a joint 

20 medical facility that—

21 ‘‘(A) could serve as a facility for health re22 sources sharing between the Department of De23 fense and the Department of Veterans Affairs; 

24 and 
569

•HR 4200 PCS 

1 ‘‘(B) would be no more costly to each De2 partment to construct and operate than sepa3 rate facilities for each Department.’’. 

4 Subtitle B—Real Property and 

5 Facilities Administration 

6 SEC. 2811. INCREASE IN CERTAIN THRESHOLDS FOR RE7 PORTING REAL PROPERTY TRANSACTIONS. 

8 (a) GENERAL NOTICE AND WAIT THRESHOLD.—

9 Subsection (a) of section 2662 of title 10, United States 

10 Code, is amended by striking ‘‘$750,000’’ each place it 

11 appears and inserting ‘‘$1,500,000’’. 

12 (b) ANNUAL REPORT ON MINOR TRANSACTIONS

13 THRESHOLD.—Subsection (b) of such section is amended 

14 by striking ‘‘subsection (a) that involve an estimated value 

15 of more than $250,000, but not more than $750,000’’ and 

16 inserting ‘‘such subsection that involve an estimated value 

17 of more than $500,000, but not more than the amount 

18 specified in such subsection’’. 

19 (c) NOTICE AND WAIT THRESHOLD FOR CERTAIN

20 GSA LEASES.—Subsection (e) of such section is amended 

21 by striking ‘‘$750,000’’ and inserting ‘‘$1,500,000’’. 

22 (d) THRESHOLD FOR ACQUISITION OF LOW-COST IN23 TERESTS IN LAND.—Subsection (a) of section 2672 of 

24 such title is amended to read as follows: 
570

•HR 4200 PCS 

1 ‘‘(a) ACQUISITION AUTHORITY.—The Secretary of a 

2 military department may acquire any interest in land 

3 that—

4 ‘‘(1) the Secretary determines is needed in the 

5 interest of national defense; and 

6 ‘‘(2) does not cost more than $1,500,000, exclu7 sive of administrative costs and the amounts of any 

8 deficiency judgments.’’. 

9 (e) TREATMENT MULTIPLE PARCELS UNDER LOW10 COST ACQUISITION AUTHORITY.—Subsection (b) of such 

11 section is amended to read as follows: 

12 ‘‘(b) TREATMENT OF MULTIPLE PARCELS.—This 

13 section does not authorize the acquisition, as a part of the 

14 same project, of more than one parcel of land unless—

15 ‘‘(1) the parcels are noncontiguous; or 

16 ‘‘(2) if contiguous, the total cost for the acquisi17 tion of all of the contiguous parcels does not cost 

18 more than the amount specified in subsection 

19 (a)(2).’’. 

20 SEC. 2812. REORGANIZATION OF EXISTING ADMINISTRA21 TIVE PROVISIONS RELATING TO REAL PROP22 ERTY TRANSACTIONS. 

23 (a) LIMITATION ON COMMISSIONS.—(1) Section 2661 

24 of title 10, United States Code, is amended by adding at 

25 the end the following new subsection: 
571

•HR 4200 PCS 

1 ‘‘(c) COMMISSIONS ON LAND PURCHASE CON2 TRACTS.—The maximum amount payable as a commission 

3 on a contract for the purchase of land from funds appro4 priated for the Department of Defense is two percent of 

5 the purchase price.’’. 

6 (2) Section 2666 of such title is repealed. 

7 (b) REPEAL OF OBSOLETE AUTHORITY TO ACQUIRE

8 LAND FOR TIMBER PRODUCTION.—Section 2664 of such 

9 title is repealed. 

10 (c) AVAILABILITY OF FUNDS FOR ACQUISITION OF

11 CERTAIN INTERESTS IN REAL PROPERTY.—(1) Section 

12 2672 of such title is amended by adding at the end the 

13 following new subsection: 

14 ‘‘(d) AVAILABILITY OF FUNDS.—Appropriations 

15 available to the Department of Defense for operation and 

16 maintenance or construction may be used for the acquisi17 tion of land or interests in land under this section.’’. 

18 (2) Section 2673 of such title is repealed. 

19 (3) Section 2675 of such title is amended—

20 (A) by inserting before ‘‘The Secretary’’ the fol21 lowing ‘‘(a) LEASE AUTHORITY; DURATION.—’’; and 

22 (B) by adding at the end the following new sub23 section: 

24 ‘‘(b) AVAILABILITY OF FUNDS.—Appropriations 

25 available to the Department of Defense for operation and 
572

•HR 4200 PCS 

1 maintenance or construction may be used for the acquisi2 tion of interests in land under this section.’’. 

3 (d) STYLISTIC AND CLERICAL AMENDMENTS.—(1) 

4 Section 2661 of such title is further amended—

5 (A) in subsection (a), by inserting ‘‘AVAIL6 ABILITY OF OPERATION AND MAINTENANCE

7 FUNDS.—’’ after ‘‘(a)’’ ; and 

8 (B) in subsection (b), by inserting ‘‘LEASING

9 AND ROAD MAINTENANCE AUTHORITY.—’’ after 

10 ‘‘(b)’’. 

11 (2) The table of sections at the beginning of chapter 

12 159 of such title is amended by striking the items relating 

13 to sections 2664, 2666, and 2673. 

14 SEC. 2813. TREATMENT OF MONEY RENTALS FROM GOLF 

15 COURSE AT ROCK ISLAND ARSENAL, ILLI16 NOIS. 

17 (a) SUPPORT OF MWR ACTIVITIES.—Section 

18 2667(d) of title 10, United States Code, is amended—

19 (1) in paragraph (1)(B)—

20 (A) by redesignating clause (ii) as clause 

21 (iii); and 

22 (B) by inserting after clause (i) the fol23 lowing new clause: 
573

•HR 4200 PCS 

1 ‘‘(ii) Money rentals deposited in a non2 appropriated morale, welfare, and recreation account 

3 under paragraph (3).’’; and 

4 (2) by inserting after paragraph (2) the fol5 lowing new paragraph: 

6 ‘‘(3) The Secretary of the Army may deposit up to 

7 50 percent of the money rentals received by the United 

8 States from a lease involving the golf course at Rock Is9 land Arsenal, Illinois, in the nonappropriated morale, wel10 fare, and recreation account for that installation, to be 

11 used for quality-of-life programs at that installation.’’. 

12 (b) EFFECTIVE DATE.—Paragraph (3) of section 

13 2667(d) of title 10, United States Code, as added by sub14 section (a), shall apply to money rentals referred to in 

15 such paragraph received by the United States after Sep16 tember 30, 2004. 

17 SEC. 2814. NUMBER OF CONTRACTS AUTHORIZED DEPART18 MENT-WIDE UNDER DEMONSTRATION PRO19 GRAM ON REDUCTION IN LONG-TERM FACIL20 ITY MAINTENANCE COSTS. 

21 Section 2814 of the National Defense Authorization 

22 Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 

23 2809 note) is amended—
574

•HR 4200 PCS 

1 (1) in subsection (a), by striking ‘‘or the Sec2 retary of a military department’’ and inserting ‘‘and 

3 the Secretaries of the military departments’’; 

4 (2) in subsection (b)(1), by striking ‘‘12 con5 tracts per military department’’ and inserting ‘‘36 

6 contracts’’; and 

7 (3) in subsection (b)(2), by striking ‘‘the date 

8 of the enactment of the Bob Stump National De9 fense Authorization Act for Fiscal Year 2003’’ and 

10 inserting ‘‘December 2, 2002’’. 

11 SEC. 2815. REPEAL OF COMMISSION ON REVIEW OF OVER12 SEAS MILITARY FACILITY STRUCTURE OF 

13 THE UNITED STATES. 

14 Section 128 of the Military Construction Appropria15 tions Act, 2004 (Public Law 108–132; 117 Stat. 1382; 

16 10 U.S.C. 111 note), is repealed. 

17 SEC. 2816. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL 

18 AT LUKE AIR FORCE BASE, ARIZONA, IN 

19 HONOR OF JOHN J. RHODES, A FORMER MI20 NORITY LEADER OF THE HOUSE OF REP21 RESENTATIVES. 

22 The Airmen Leadership School at Luke Air Force 

23 Base, Arizona, building 156, shall be known and des24 ignated as the ‘‘John J. Rhodes Airmen Leadership 

25 School’’. Any reference to such facility in any law, regula-
575

•HR 4200 PCS 

1 tion, map, document, record, or other paper of the United 

2 States shall be considered to be a reference to the John 

3 J. Rhodes Airmen Leadership School. 

4 SEC. 2817. ELIMINATION OF REVERSIONARY INTERESTS 

5 CLOUDING UNITED STATES TITLE TO PROP6 ERTY USED AS NAVY HOMEPORTS. 

7 (a) AUTHORITY TO ACQUIRE COMPLETE TITLE.—If 

8 real property owned by the United States and used as a 

9 Navy homeport is subject to a reversionary interest of any 

10 kind, the Secretary of the Navy may enter into an agree11 ment with the holder of the reversionary interest to ac12 quire the reversionary interest and thereby secure for the 

13 United States all right, title, and interest in and to the 

14 property. 

15 (b) CONSIDERATION.—(1) As consideration for the 

16 acquisition of a reversionary interest under subsection (a), 

17 the Secretary shall provide the holder of the reversionary 

18 interest with in-kind consideration, to be determined pur19 suant to negotiations between the Secretary and the holder 

20 of the reversionary interest. In determining the type and 

21 value of any in-kind consideration to be provided for the 

22 acquisition of a reversionary interest under subsection (a), 

23 the Secretary shall take into account the nature of the 

24 reversionary interest, including whether it would require 

25 the holder of the reversionary interest to pay for any im-
576

•HR 4200 PCS 

1 provements acquired by the holder as part of the reversion 

2 of the real property, and the long-term use and ultimate 

3 disposition of the real property if the United States were 

4 to acquire all right, title, and interest in and to the real 

5 property subject to the reversionary interest. 

6 (2) Cash payments are not authorized as consider7 ation for the acquisition of reversionary interests under 

8 subsection (a).

9 SEC. 2818. REPORT ON FEASIBILITY OF VETERANS MEMO10 RIAL AT MARINE CORPS AIR STATION, EL 

11 TORO, CALIFORNIA. 

12 Not later than 30 days after the date of the enact13 ment of this Act, the Secretary of the Navy shall submit 

14 to Congress a report on whether the City of Irvine’s antici15 pated future uses of the former MCAS El Toro property 

16 would permit the establishment and maintenance of a vet17 erans memorial at no cost to the Federal Government. 
577

•HR 4200 PCS 

1 Subtitle C—Base Closure and 

2 Realignment

3 SEC. 2821. TWO-YEAR POSTPONEMENT OF 2005 BASE CLO4 SURE AND REALIGNMENT ROUND AND SUB5 MISSION OF REPORTS REGARDING FUTURE 

6 INFRASTRUCTURE REQUIREMENTS FOR THE 

7 ARMED FORCES. 

8 (a) TWO-YEAR POSTPONEMENT IN SUBMITTAL OF

9 BASE CLOSURE AND REALIGNMENT RECOMMENDA10 TIONS.—Section 2914 of the Defense Base Closure and 

11 Realignment Act of 1990 (part A of title XXIX of Public 

12 Law 101–510; 10 U.S.C. 2687 note), as added by section 

13 3003 of the National Defense Authorization Act for Fiscal 

14 Year 2002 (Public Law 107–107; 115 Stat. 1345), is 

15 amended—

16 (1) in the section heading, by striking ‘‘2005’’ 

17 and inserting ‘‘2007’’; and 

18 (2) in subsection (a), by striking ‘‘May 16, 

19 2005,’’ and inserting ‘‘May 16, 2007,’’. 

20 (b) COMMISSION REVIEW AND RECOMMENDA21 TIONS.—Subsection (d) of section 2914 of the Defense 

22 Base Closure and Realignment Act of 1990 is amended—

23 (1) in paragraphs (1) and (2), by striking ‘‘Sep24 tember 8, 2005’’ both places it appears and insert25 ing ‘‘September 8, 2007’’; and 
578

•HR 4200 PCS 

1 (2) in paragraph (6)—

2 (A) by striking ‘‘in 2005’’ and inserting 

3 ‘‘under this section’’; and 

4 (B) by striking ‘‘July 1, 2005’’ and insert5 ing ‘‘July 1, 2007’’. 

6 (c) REVIEW BY PRESIDENT AND TRANSMITTAL TO

7 CONGRESS.—Subsection (e) of section 2914 of the De8 fense Base Closure and Realignment Act of 1990 is 

9 amended—

10 (1) in paragraph (1)—

11 (A) by striking ‘‘in 2005’’ and inserting 

12 ‘‘under this section’’; and 

13 (B) by striking ‘‘September 23, 2005’’ and 

14 inserting ‘‘September 23, 2007’’; 

15 (2) in paragraph (2), by striking ‘‘October 20, 

16 2005’’ and inserting ‘‘October 20, 2007’’; and 

17 (3) in paragraph (3)—

18 (A) by striking ‘‘November 7, 2005’’ and 

19 inserting ‘‘November 7, 2007’’; and 

20 (B) by striking ‘‘in 2005’’ and inserting 

21 ‘‘in 2007’’. 

22 (d) NEW FORCE STRUCTURE PLAN AND INFRA23 STRUCTURE INVENTORY; RECERTIFICATION OF NEED

24 FOR ADDITIONAL ROUND.—Section 2912 of the Defense 

25 Base Closure and Realignment Act of 1990 (part A of title 
579

•HR 4200 PCS 

1 XXIX of Public Law 101–510; 10 U.S.C. 2687 note), as 

2 added by section 3001 of the National Defense Authoriza3 tion Act for Fiscal Year 2002 (Public Law 107–107; 115 

4 Stat. 1342), is amended— 

5 (1) in the section heading, by striking ‘‘2005’’ 

6 and inserting ‘‘2007’’; 

7 (2) by striking ‘‘fiscal year 2005’’ each place it 

8 appears and inserting ‘‘fiscal year 2007’’; 

9 (3) in subsection (b)(1), by inserting ‘‘for fiscal 

10 year 2007’’ after ‘‘subsection (a)’’; 

11 (4) in subsections (b)(2) and (d), by striking 

12 ‘‘in 2005’’ each place it appears and inserting 

13 ‘‘under section 2914’’; 

14 (5) in subsection (d), by striking ‘‘March 15, 

15 2005’’ both places it appears and inserting ‘‘March 

16 15, 2007’’; 

17 (6) in subsection (d)(4), by striking ‘‘calendar 

18 year 2005 and shall terminate on April 15, 2006’’ 

19 and inserting ‘‘calendar year 2007 and shall termi20 nate on April 15, 2008’’; and 

21 (7) in subsection (d)(5), by striking ‘‘second 

22 session of the 108th Congress for the activities of 

23 the Commission in 2005’’ and inserting ‘‘second ses24 sion of the 109th Congress for the activities of the 

25 Commission under section 2914’’. 
580

•HR 4200 PCS 

1 (e) INFRASTRUCTURE-RELATED REPORTING RE2 QUIREMENTS; TERMINATION OF BASE CLOSURE

3 ROUND.—Section 2912 of the Defense Base Closure and 

4 Realignment Act of 1990 is further amended by adding 

5 at the end the following new subsection: 

6 ‘‘(e) INFRASTRUCTURE-RELATED REPORTS.—

7 ‘‘(1) REQUIRED REPORTS.—The Secretary shall 

8 prepare the following reports related to infrastruc9 ture requirements for the Armed Forces: 

10 ‘‘(A) A report containing the Integrated 

11 Global Presence and Basing Strategy of the De12 partment of Defense, including the location of 

13 long-term overseas installations, installations to 

14 be used for rotational purposes, and forward 

15 operating locations, anticipated rotational plans 

16 and policies, and domestic and overseas infra17 structure requirements associated with the 

18 strategy. 

19 ‘‘(B) A report describing the anticipated 

20 infrastructure requirements associated with the 

21 probable end-strength levels and major military 

22 force units (including land force divisions, car23 rier and other major combatant vessels, air 

24 wings, and other comparable units) for each of 
581

•HR 4200 PCS 

1 the Armed Forces resulting from force trans2 formation. 

3 ‘‘(C) A report describing the anticipated 

4 infrastructure requirements related to expected 

5 changes in the active component versus reserve 

6 component personnel mix of the Armed Forces. 

7 ‘‘(D) A report describing the anticipated 

8 infrastructure requirements associated with the 

9 so-called ‘10–30–30 objective’ of the Secretary 

10 to ensure that military forces are capable of de11 ployment overseas within 10 days in sufficient 

12 strength to defeat an enemy within 30 days and 

13 be ready for redeployment within 30 days after 

14 the end of combat operations. 

15 ‘‘(E) A report containing the results of a 

16 complete reassessment of the infrastructure 

17 necessary to support the force structure de18 scribed in the force-structure plan prepared 

19 under paragraph (1) of subsection (a) and de20 scribing any resulting excess infrastructure and 

21 infrastructure capacity, which were previously 

22 required by paragraph (2) of such subsection. 

23 The reassessment shall be based on actual in24 frastructure, facility, and space requirements 
582

•HR 4200 PCS 

1 for the Armed Forces rather than a compara2 tive study between 1989 and 2003. 

3 ‘‘(F) A report describing the anticipated 

4 infrastructure requirements associated with the 

5 assessment prepared by the Secretary pursuant 

6 to section 2822 of the National Defense Au7 thorization Act for Fiscal Year 2004 (Public 

8 Law 108–136; 117 Stat. 1726), in which Con9 gress required the Secretary to assess the prob10 able threats to national security and determine 

11 the potential, prudent, surge requirements for 

12 the Armed Forces and military installations to 

13 meet those threats. 

14 ‘‘(2) TIME FOR SUBMISSION OF REPORTS.—The 

15 reports required by paragraph (1) shall be submitted 

16 to the congressional defense committees only during 

17 the period beginning on January 1, 2006, and end18 ing on March 15, 2006. 

19 ‘‘(3) TERMINATION OF ROUND FOR FAILURE TO

20 SUBMIT REPORTS AS REQUIRED.—If the reports re21 quired by paragraph (1) are not submitted during 

22 the period specified in paragraph (2), the process for 

23 the making of recommendations to the Congress for 

24 the closure or realignment of military installations 

25 and the selection of installations for closure or re-
583

•HR 4200 PCS 

1 alignment under this part in 2007 shall be termi2 nated.’’. 

3 (f) CONFORMING AMENDMENTS.—(1) Section 

4 2904(a)(3) of the Defense Base Closure and Realignment 

5 Act of 1990 is amended by striking ‘‘in the 2005 report’’ 

6 and inserting ‘‘in a report submitted after 2001’’. 

7 (2) Section 2906(e) of such Act is amended by strik8 ing ‘‘2005’’ and inserting ‘‘2007’’. 

9 (3) Section 2906A of such Act is amended—

10 (A) in the section heading, by striking ‘‘2005’’ 

11 and inserting ‘‘2007’’; and 

12 (B) by striking ‘‘2005’’ each place it appears 

13 and inserting ‘‘2007’’. 

14 (4) Section 2909(a) of such Act is amended by strik15 ing ‘‘2006’’ and inserting ‘‘2008’’. 

16 SEC. 2822. ESTABLISHMENT OF SPECIFIC DEADLINE FOR 

17 SUBMISSION OF REVISIONS TO FORCE18 STRUCTURE PLAN AND INFRASTRUCTURE IN19 VENTORY FOR NEXT BASE CLOSURE ROUND. 

20 Section 2912(a)(4) of the Defense Base Closure and 

21 Realignment Act of 1990 (part A of title XXIX of Public 

22 Law 101–510; 10 U.S.C. 2687 note) is amended by strik23 ing ‘‘as part of the budget justification document sub24 mitted to Congress for fiscal year 2006.’’ and inserting 

25 ‘‘not later than March 15 of the year in which the Sec-
584

•HR 4200 PCS 

1 retary will submit, consistent with subsection (e) of this 

2 section, the list of the military installations inside the 

3 United States that the Secretary recommends for closure 

4 or realignment. No revision of the force-structure plan or 

5 infrastructure inventory is authorized after that March 15 

6 date.’’. 

7 SEC. 2823. SPECIFICATION OF FINAL SELECTION CRITERIA 

8 FOR NEXT BASE CLOSURE ROUND. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) Title XXX of the National Defense Author11 ization Act for Fiscal Year 2002 (Public Law 107–

12 107; 115 Stat. 1342) amended the Defense Base 

13 Closure and Realignment Act of 1990 (part A of 

14 title XXIX of Public Law 101–510; 10 U.S.C. 2687 

15 note) to authorize the Secretary of Defense to con16 duct an additional round of base realignments and 

17 closures. 

18 (2) In section 2822 of the National Defense 

19 Authorization Act for Fiscal Year 2004 (Public Law 

20 108–136; 117 Stat. 1726), approved November 24, 

21 2003, Congress required the Secretary of Defense to 

22 assess the probable threats to national security and 

23 determine the potential, prudent, surge requirements 

24 for the Armed Forces and military installations to 

25 meet those threats. Such section specifically requires 
585

•HR 4200 PCS 

1 the Secretary of Defense to use the determination of 

2 surge requirements in exercising the authority of the 

3 Secretary to conduct the next round of base realign4 ments and closures. 

5 (3) Section 2913 of the Defense Base Closure 

6 and Realignment Act of 1990, as added by title 

7 XXX of the National Defense Authorization Act for 

8 Fiscal Year 2002, specified the process by which the 

9 Secretary of Defense was to prepare the criteria to 

10 be used by the Secretary in making recommenda11 tions for the next round of base realignments and 

12 closures and listed certain requirements the Sec13 retary had to comply with as part of the process, in14 cluding the advance publication of the proposed cri15 teria and the solicitation and consideration of public 

16 comments. 

17 (4) In subsection (e) of such section, Congress 

18 required the Secretary of Defense to publish in the 

19 Federal Register and transmit to Congress not later 

20 than February 16, 2004, the final criteria intended 

21 to be used by the Secretary in making recommenda22 tions for the next round of base realignments and 

23 closures. Pursuant to such subsection, the Secretary 

24 of Defense published the final selection criteria in 
586

•HR 4200 PCS 

1 the Federal Register on February 12, 2004 (69 Fed. 

2 Reg. 6948). 

3 (5) In addition to specifically reserving its right 

4 to disapprove the final selection criteria, Congress 

5 may modify or otherwise amend the criteria by Act 

6 of Congress. 

7 (b) CONGRESSIONAL SPECIFICATION OF FINAL

8 BRAC SELECTION CRITERIA.—Section 2913 of the De9 fense Base Closure and Realignment Act of 1990 (part 

10 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

11 note), as added by section 3002 of the National Defense 

12 Authorization Act for Fiscal Year 2002 (Public Law 107–

13 107; 115 Stat. 1344), is amended to read as follows: 

14 ‘‘SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL 

15 ROUND OF BASE CLOSURES AND REALIGN16 MENTS. 

17 ‘‘(a) FINAL SELECTION CRITERIA.—The final cri18 teria to be used by the Secretary in making recommenda19 tions for the closure or realignment of military installa20 tions inside the United States under this part in any addi21 tional round of base closures and realignments are as fol22 lows: 

23 ‘‘(1) The current and future mission require24 ments and the impact on operational readiness of 

25 the total force of the Department of Defense, includ-
587

•HR 4200 PCS 

1 ing the impact on joint warfighting, training, readi2 ness, and research, development, test, and evaluation 

3 of weapons systems and equipment. 

4 ‘‘(2) The availability and condition of land, fa5 cilities, infrastructure, and associated air and water 

6 space (including preservation of training areas suit7 able for maneuver by ground, naval, or air forces 

8 throughout a diversity of climate and terrain areas, 

9 the preservation of testing ranges able to accommo10 date current or future military weapons systems and 

11 equipment, and the preservation of staging areas for 

12 the use of the Armed Forces in homeland defense 

13 missions) at both existing and potential receiving lo14 cations. 

15 ‘‘(3) The ability to accommodate contingency, 

16 mobilization, and future total force requirements at 

17 both existing and potential receiving locations to 

18 support operations, training, maintenance, and re19 pair. 

20 ‘‘(4) Preservation of land, air, and water space, 

21 facilities, and infrastructure necessary to support 

22 training and operations of military forces determined 

23 to be surge requirements by the Secretary of De24 fense, as required by section 2822 of the National 
588

•HR 4200 PCS 

1 Defense Authorization Act for Fiscal Year 2004 

2 (Public Law 108–136; 117 Stat. 1726). 

3 ‘‘(5) The extent and timing of potential costs 

4 and savings of base realignment and closure actions 

5 on the entire Federal budget, as well as the Depart6 ment of Defense, including the number of years, be7 ginning with the date of completion of the closure or 

8 realignment, for the savings to exceed the costs. 

9 Costs shall include those costs related to potential 

10 environmental restoration, waste management, and 

11 environmental compliance activities. 

12 ‘‘(6) The economic impact on existing commu13 nities in the vicinity of military installations. 

14 ‘‘(7) The ability of the infrastructure of both 

15 the existing and potential receiving communities to 

16 support forces, missions, and personnel, including 

17 quality of living standards for members of the 

18 Armed Forces and their dependents. 

19 ‘‘(8) The environmental impact on receiving lo20 cations. 

21 ‘‘(b) PRIORITY GIVEN TO MILITARY VALUE.—In rec22 ommending military installations for closure or realign23 ment, the Secretary shall give priority consideration to the 

24 first four criteria specified in subsection (a). 
589

•HR 4200 PCS 

1 ‘‘(c) RELATION TO OTHER MATERIALS.—The final 

2 selection criteria specified in subsection (a) shall be the 

3 only criteria to be used, along with the force-structure 

4 plan and infrastructure inventory referred to in section 

5 2912, in making recommendations for the closure or re6 alignment of military installations inside the United States 

7 under this part after December 31, 2003. 

8 ‘‘(d) RELATION TO CRITERIA FOR EARLIER

9 ROUNDS.—Section 2903(b), and the selection criteria pre10 pared under such section, shall not apply with respect to 

11 the process of making recommendations for the closure or 

12 realignment of military installations after December 31, 

13 2003.’’. 

14 (c) CONFORMING AMENDMENTS.—The Defense Base 

15 Closure and Realignment Act of 1990 is amended—

16 (1) in section 2912(c)(1)(A), by striking ‘‘cri17 teria prepared under section 2913’’ and inserting 

18 ‘‘criteria specified in section 2913’’; and 

19 (2) in section 2914(a), by striking ‘‘criteria pre20 pared by the Secretary under section 2913’’ and in21 serting ‘‘criteria specified in section 2913’’. 
590

•HR 4200 PCS 

1 SEC. 2824. REQUIREMENT FOR UNANIMOUS VOTE OF DE2 FENSE BASE CLOSURE AND REALIGNMENT 

3 COMMISSION TO ADD TO OR OTHERWISE EX4 PAND CLOSURE AND REALIGNMENT REC5 OMMENDATIONS MADE BY SECRETARY OF 

6 DEFENSE. 

7 Section 2914(d) of the Defense Base Closure and Re8 alignment Act of 1990 (part A of title XXIX of Public 

9 Law 101–510; 10 U.S.C. 2687 note), as added by section 

10 3003 of the Military Construction Authorization Act for 

11 Fiscal Year 2002 (division B of Public Law 107–107; 155 

12 Stat, 1346) and amended by section 2854 of the Bob 

13 Stump National Defense Authorization Act for Fiscal 

14 Year 2003 (Public Law 107–314; 116 Stat. 2728), is 

15 amended—

16 (1) in paragraph (3), by striking ‘‘TO ADD’’ and 

17 inserting ‘‘TO CONSIDER ADDITIONS’’; and 

18 (2) by striking paragraph (5) and inserting the 

19 following new paragraph: 

20 ‘‘(5) REQUIREMENTS TO EXPAND CLOSURE OR

21 REALIGNMENT RECOMMENDATIONS.—In the report 

22 required under section 2903(d)(2)(A) that is to be 

23 transmitted under paragraph (1), the Commission 

24 may not make a change in the recommendations of 

25 the Secretary that would close a military installation 

26 not recommended for closure by the Secretary, 
591

•HR 4200 PCS 

1 would realign a military installation not rec2 ommended for closure or realignment by the Sec3 retary, or would expand the extent of the realign4 ment of a military installation recommended for re5 alignment by the Secretary unless—

6 ‘‘(A) at least two members of the Commis7 sion visit the military installation before the 

8 date of the transmittal of the report; and 

9 ‘‘(B) the decision of the Commission to 

10 make the change to recommend the closure of 

11 the military installation, the realignment of the 

12 installation, or the expanded realignment of the 

13 installation is unanimous.’’. 

14 SEC. 2825. ADHERENCE TO CERTAIN AUTHORITIES ON 

15 PRESERVATION OF MILITARY DEPOT CAPA16 BILITIES DURING ANY SUBSEQUENT ROUND 

17 OF BASE CLOSURES AND REALIGNMENTS. 

18 The Defense Base Closure and Realignment Act of 

19 1990 (part A of title XXIX of Public Law 101–510; 10 

20 U.S.C. 2687 note) is amended by adding at the end the 

21 following new section: 
592

•HR 4200 PCS 

1 ‘‘SEC. 2915. ADHERENCE TO CERTAIN AUTHORITIES ON 

2 PRESERVATION OF MILITARY DEPOT CAPA3 BILITIES DURING ANY SUBSEQUENT ROUND 

4 OF BASE CLOSURES AND REALIGNMENTS. 

5 ‘‘(a) ADHERENCE REQUIRED.—(1) Any base closure 

6 and realignment actions under section 2914 or subsequent 

7 round of base closure and realignment, and any actions 

8 to carry out the closure or realignment of military installa9 tions as a result of such actions, shall reflect a strict ad10 herence to the provisions of title 10, United States Code, 

11 for the maintenance of government-owned, government12 operated depot-level maintenance, repair, and logistics ca13 pabilities within the Department of Defense, including the 

14 provisions of chapter 146 of such title and other applicable 

15 provisions. 

16 ‘‘(2) No action to carry out the closure or realign17 ment of military installations in any base closures and re18 alignments under this part after the date of the enactment 

19 of this section may include a waiver authorized by para20 graph (2) or (3) of section 2464(b) or section 2466(b) of 

21 title 10, United States Code. 

22 ‘‘(b) BASE CLOSURE AND REALIGNMENT ACTIONS

23 DEFINED.—In this section, the term ‘base closure and re24 alignment actions’ means the following: 

25 ‘‘(1) The preparation by the Secretary of De26 fense of recommendations on installations for closure 
593

•HR 4200 PCS 

1 or realignment under this part or any subsequent 

2 base closure law. 

3 ‘‘(2) The review by the Commission of the rec4 ommendations referred to in paragraph (1). 

5 ‘‘(3) The review by the President of the rec6 ommendations referred to in paragraphs (1) and 

7 (2).’’. 

8 Subtitle D—Land Conveyances 

9 PART I—ARMY CONVEYANCES 

10 SEC. 2831. TRANSFER OF ADMINISTRATIVE JURISDICTION, 

11 DEFENSE SUPPLY CENTER, COLUMBUS, 

12 OHIO. 

13 (a) TRANSFER REQUIRED.—As soon as practicable 

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

15 of the Army shall transfer, without reimbursement, to the 

16 administrative jurisdiction of the Secretary of Veterans 

17 Affairs a parcel of real property consisting of approxi18 mately 20 acres and comprising a portion of the Defense 

19 Supply Center in Columbus, Ohio, for the purpose of per20 mitting the Secretary of Veterans Affairs to use the prop21 erty as the site for an outpatient clinic. 

22 (b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 

23 Secretary of the Army shall require the Secretary of Vet24 erans Affairs to cover costs to be incurred by the Secretary 

25 of the Army, or to reimburse the Secretary of the Army 
594

•HR 4200 PCS 

1 for costs incurred by the Secretary of the Army, to carry 

2 out the conveyance under subsection (a), including survey 

3 costs, costs related to environmental documentation, and 

4 other administrative costs related to the conveyance. If 

5 amounts are collected from the Secretary of Veterans Af6 fairs in advance of the Secretary of the Army incurring 

7 the actual costs, and the amount collected exceeds the 

8 costs actually incurred by the Secretary of the Army to 

9 carry out the conveyance, the Secretary of the Army shall 

10 refund the excess amount to the Secretary of Veterans Af11 fairs. 

12 (2) Amounts received as reimbursement under para13 graph (1) shall be credited to the fund or account that 

14 was used to cover the costs incurred by the Secretary of 

15 the Army in carrying out the conveyance. Amounts so 

16 credited shall be merged with amounts in such fund or 

17 account, and shall be available for the same purposes, and 

18 subject to the same conditions and limitations, as amounts 

19 in such fund or account. 

20 (c) DESCRIPTION OF REAL PROPERTY.—The exact 

21 acreage and legal description of the real property to be 

22 transferred under subsection (a) shall be determined by 

23 a survey satisfactory to the Secretary of the Army. 
595

•HR 4200 PCS 

1 SEC. 2832. LAND CONVEYANCE, FORT HOOD, TEXAS. 

2 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

3 the Army may convey to the Texas A&M University Sys4 tem of the State of Texas (in this section referred to as 

5 the ‘‘University System’’), all right, title, and interest of 

6 the United States in and to a parcel of real property, in7 cluding improvements thereon, consisting of approxi8 mately 662 acres at Fort Hood, Texas, for the sole pur9 pose of permitting the University System to establish on 

10 the property an upper level (junior, senior and graduate) 

11 university that will be State-supported, separate from 

12 other universities of the University System, and des13 ignated as Texas A&M University, Central Texas. 

14 (b) CONSIDERATION.—(1) As consideration for the 

15 conveyance under subsection (a), the University System 

16 shall pay to the United States an amount equal to the 

17 fair market value of the conveyed property, as determined 

18 pursuant to an appraisal acceptable to the Secretary. 

19 (2) In lieu of all or a portion of the cash consideration 

20 required by paragraph (1), the Secretary may accept in21 kind consideration, including the conveyance by the Uni22 versity System of real property acceptable to the Sec23 retary. 

24 (c) CONDITION OF CONVEYANCE.—The conveyance 

25 under subsection (a) shall be subject to the condition that 

26 the Secretary determine that the conveyance of the prop-
596

•HR 4200 PCS 

1 erty and the establishment of a university on the property 

2 will not adversely impact the operation of Robert Grey 

3 Army Airfield, which is located on Fort Hood approxi4 mately one mile from the property authorized for convey5 ance. 

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 a survey satis9 factory to the Secretary. The cost of the survey shall be 

10 borne by the University System. 

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. 2833. LAND CONVEYANCE, ARMY NATIONAL GUARD 

17 FACILITY, SEATTLE, WASHINGTON. 

18 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

19 the Army may convey, without consideration, to the State 

20 of Washington (in this section referred to as the ‘‘State’’) 

21 all right, title, and interest of the United States in and 

22 to a parcel of real property, including any improvements 

23 thereon, consisting of approximately 9.747 acres in Se24 attle, Washington, and comprising a portion of the Na25 tional Guard Facility, Pier 91, for the purpose of permit-
597

•HR 4200 PCS 

1 ting the State to convey the facility unencumbered for eco2 nomic development purposes. 

3 (b) 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 (c) EXEMPTION FROM FEDERAL SCREENING.—The 

14 conveyance authorized by subsection (a) is exempt from 

15 the requirement to screen the property for other Federal 

16 use pursuant to sections 2693 and 2696 of title 10, United 

17 States Code. 

18 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

19 and legal description of the property to be conveyed under 

20 subsection (a) shall be determined by a survey satisfactory 

21 to the Secretary. The cost of the survey shall be borne 

22 by the United States, subject to the requirement for reim23 bursement under subsection (b). 

24 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

25 Secretary may require such additional terms and condi-
598

•HR 4200 PCS 

1 tions in connection with the conveyance under subsection 

2 (a) as the Secretary considers appropriate to protect the 

3 interests of the United States. 

4 SEC. 2834. MODIFICATION OF LAND EXCHANGE AND CON5 SOLIDATION, FORT LEWIS, WASHINGTON. 

6 (a) PROPERTY TO BE TRANSFERRED TO SECRETARY

7 OF THE INTERIOR IN TRUST.—Subsection (a)(1) of sec8 tion 2837 of the Military Construction Authorization Act 

9 for Fiscal Year 2002 (division B of Public Law 107–107; 

10 115 Stat. 1315) is amended—

11 (1) by striking ‘‘may convey to’’ and inserting 

12 ‘‘may transfer to the Secretary of the Interior, in 

13 trust for’’; and 

14 (2) by striking ‘‘Washington, in’’ and all that 

15 follows through the period and inserting ‘‘Wash16 ington. The Secretary of the Army may make the 

17 transfer under the preceding sentence, and the Sec18 retary of the Interior may accept the property trans19 ferred in trust for the Nisqually Tribe under the 

20 preceding sentence, only in conjunction with the con21 veyance described in subsection (b)(2).’’. 

22 (b) INCREASE IN ACREAGE TO BE TRANSFERRED.—

23 Such subsection is further amended by striking ‘‘138 

24 acres’’ and inserting ‘‘168 acres’’. 
599

•HR 4200 PCS 

1 (c) QUALIFICATION ON PROPERTY TO BE TRANS2 FERRED.—Subsection (a)(2) of such section is amended—

3 (1) by striking ‘‘conveyance’’ and inserting 

4 ‘‘transfer’’; and 

5 (2) by striking ‘‘or the right of way described 

6 in subsection (c)’’ and inserting ‘‘located on the real 

7 property transferred under that paragraph’’. 

8 (d) CONSIDERATION.—Subsection (b) of such section 

9 is amended—

10 (1) in the matter preceding paragraph (1), by 

11 striking ‘‘conveyance’’ and inserting ‘‘transfer’’; and 

12 (2) in paragraph (2), by striking ‘‘fee title over 

13 the acquired property to the Secretary’’ and insert14 ing ‘‘to the United States fee title to the property 

15 acquired under paragraph (1), free from all liens, 

16 encumbrances or other interests other than those, if 

17 any, acceptable to the Secretary of the Army’’. 

18 (e) TREATMENT OF EXISTING PERMIT RIGHTS; 

19 GRANT OF EASEMENT.—Such section is further amend20 ed—

21 (1) by redesignating subsections (d) and (e) as 

22 subsections (e) and (f), respectively; and 

23 (2) by inserting after subsection (c) the fol24 lowing new subsection: 
600

•HR 4200 PCS 

1 ‘‘(d) TREATMENT OF EXISTING PERMIT RIGHTS; 

2 GRANT OF EASEMENT.—(1) The transfer under sub3 section (a) recognizes and preserves to the Bonneville 

4 Power Administration, in perpetuity and without the right 

5 of revocation except as provided in paragraph (2), rights 

6 in existence at the time of the conveyance under the per7 mit dated February 4, 1949, as amended January 4, 

8 1952, between the Department of the Army and the Bon9 neville Power Administration with respect to any portion 

10 of the property transferred under subsection (a) upon 

11 which the Bonneville Power Administration retains trans12 mission facilities. The rights recognized and preserved in13 clude the right to upgrade those transmission facilities. 

14 ‘‘(2) The permit rights recognized and preserved 

15 under paragraph (1) shall terminate only upon the Bonne16 ville Power Administration’s relocation of the transmission 

17 facilities referred to in paragraph (1), and then only with 

18 respect to that portion of those transmission facilities that 

19 are relocated. 

20 ‘‘(3) The Secretary of the Interior, as trustee for the 

21 Nisqually Tribe, shall grant to the Bonneville Power Ad22 ministration, without consideration and subject to the 

23 same rights recognized and preserved in paragraph (1), 

24 such additional easements across the property transferred 

25 under subsection (a) as the Bonneville Power Administra-
601

•HR 4200 PCS 

1 tion considers necessary to accommodate the relocation or 

2 reconnection of Bonneville Power Administration trans3 mission facilities from property owned by the Tribe and 

4 held by the Secretary of the Interior in trust for the 

5 Tribe.’’. 

6 (f) CONFORMING AMENDMENTS.—(1) Subsection (c) 

7 of such section is amended by inserting ‘‘of the Army’’ 

8 after ‘‘Secretary’’. 

9 (2) Subsection (e) of such section (as redesignated 

10 by subsection (e)(1)) is amended—

11 (A) by striking ‘‘conveyed’’ and inserting 

12 ‘‘transferred’’; 

13 (B) by inserting ‘‘of the Army’’ after ‘‘Sec14 retary’’; and 

15 (C) by striking ‘‘the recipient of the property 

16 being surveyed’’ and inserting ‘‘the Tribe, in the 

17 case of the transfer under subsection (a), and the 

18 Secretary of the Army, in the case of the acquisition 

19 under subsection (b)’’. 

20 (3) Subsection (f) of such section (as redesignated by 

21 subsection (e)(1)) is amended—

22 (A) by inserting ‘‘of the Army’’ after ‘‘Sec23 retary’’ both place it appears; and 
602

•HR 4200 PCS 

1 (B) by striking ‘‘conveyances under this sec2 tion’’ and inserting ‘‘transfer under subsection (a) 

3 and conveyances under subsections (b)(2) and (c)’’. 

4 PART II—NAVY CONVEYANCES 

5 SEC. 2841. TRANSFER OF JURISDICTION, NEBRASKA AVE6 NUE NAVAL COMPLEX, DISTRICT OF COLUM7 BIA. 

8 (a) TRANSFER REQUIRED.—Except as provided in 

9 subsection (b), the Secretary of the Navy shall transfer 

10 to the administrative jurisdiction of the Administrator of 

11 General Services the parcel of Department of the Navy 

12 real property in the District of Columbia known as the 

13 Nebraska Avenue Complex for the purpose of permitting 

14 the Administrator to use the Complex to accommodate the 

15 Department of Homeland Security. The Complex shall be 

16 transferred in its existing condition. 

17 (b) AUTHORITY TO RETAIN MILITARY FAMILY

18 HOUSING.—At the option of the Secretary of the Navy, 

19 the Secretary may retain administrative jurisdiction over 

20 that portion of the Complex that, as of the date of the 

21 enactment of this Act, is being used to provide Navy fam22 ily housing. 

23 (c) TIME FOR TRANSFER.—Not later than January 

24 1, 2005, the Secretary of the Navy shall complete the 

25 transfer of administrative jurisdiction over the portion of 
603

•HR 4200 PCS 

1 the Complex required to be transferred under subsection 

2 (a). 

3 (d) RELOCATION OF NAVY ACTIVITIES.—As part of 

4 the transfer of the Complex under subsection (a), the Sec5 retary of the Navy shall relocate Department of the Navy 

6 activities at the Complex to other locations. 

7 (e) PAYMENT OF INITIAL RELOCATION COSTS.—

8 Subject to the availability of appropriations for this pur9 pose, the Secretary of the Department of Homeland Secu10 rity shall be responsible for the payment of—

11 (1) all reasonable costs, including costs to move 

12 furnishings and equipment, related to the initial re13 location of Department of the Navy activities from 

14 the Complex under subsection (d); and 

15 (2) all reasonable costs incident to the initial 

16 occupancy by such activities of interim leased space, 

17 including rental costs for the first year. 

18 (f) PAYMENT OF LONG-TERM RELOCATION COSTS.—

19 (1) SENSE OF CONGRESS REGARDING PAY20 MENT.—It is the sense of the Congress that the Sec21 retary of the Navy should receive, from Federal 

22 agencies other than the Department of Defense, 

23 funds authorized and appropriated for the purpose 

24 of covering all reasonable costs, not paid under sub25 section (e), that are incurred or will be incurred by 
604

•HR 4200 PCS 

1 the Secretary to permanently relocate Department of 

2 the Navy activities from the Complex under sub3 section (d). 

4 (2) SUBMISSION OF COST ESTIMATES.—As soon 

5 as practicable after the date of the enactment of this 

6 Act , the Secretary of the Navy shall submit to the 

7 Director of the Office of Management and Budget 

8 and the Congress an initial estimate of the amounts 

9 that will be necessary to cover the costs to perma10 nently relocate Department of the Navy activities 

11 from the portion of the Complex to be transferred 

12 under subsection (a). The Secretary shall include in 

13 the estimate anticipated land acquisition and con14 struction costs. The Secretary shall revise the esti15 mate as necessary whenever information regarding 

16 the actual costs for the relocation is obtained. 

17 (g) TREATMENT OF FUNDS.—(1) Funds received by 

18 the Secretary of the Navy, from sources outside the De19 partment of Defense, to relocate Department of the Navy 

20 activities from the Complex shall be used to pay the costs 

21 incurred by the Secretary to permanently relocate Depart22 ment of the Navy activities from the Complex. A military 

23 construction project carried out using such funds is 

24 deemed to be an authorized military construction project 

25 for purposes of section 2802 of title 10, United States 
605

•HR 4200 PCS 

1 Code. Section 2822 of such title shall continue to apply 

2 to any military family housing unit proposed to be con3 structed or acquired using such funds. 

4 (2) When a decision is made to carry out a military 

5 construction project using such funds, the Secretary of the 

6 Navy shall notify Congress in writing of that decision, in7 cluding the justification for the project and the current 

8 estimate of the cost of the project. The project may then 

9 be carried out only after the end of the 21-day period be10 ginning on the date the notification is received by Con11 gress or, if earlier, the end of the 14-day period beginning 

12 on the date on which a copy of the notification is provided 

13 in an electronic medium pursuant to section 480 of title 

14 10, United States Code. 

15 (h) EFFECT OF FAILURE TO RECEIVE SUFFICIENT

16 FUNDS FOR RELOCATION COSTS.—

17 (1) CONGRESSIONAL NOTIFICATION.—At the 

18 end of the three-year period beginning on the date 

19 of the transfer of the Complex under subsection (a), 

20 the Secretary of the Navy shall submit to Congress 

21 a report—

22 (A) specifying the total amount needed to 

23 cover both the initial and permanent costs of 

24 relocating Department of the Navy activities 
606

•HR 4200 PCS 

1 from the portion of the Complex transferred 

2 under subsection (a); 

3 (B) specifying the total amount of the ini4 tial relocation costs paid by the Secretary of the 

5 Department of Homeland Security under sub6 section (e); and 

7 (C) specifying the total amount of appro8 priated funds received by the Secretary of the 

9 Navy, from sources outside the Department of 

10 Defense, to cover the permanent relocation 

11 costs. 

12 (2) ROLE OF OMB.—The Secretary of the Navy 

13 shall obtain the assistance and concurrence of the 

14 Director of the Office of Management and Budget in 

15 determining the total amount needed to cover both 

16 the initial and permanent costs of relocating Depart17 ment of the Navy activities from the portion of the 

18 Complex transferred under subsection (a), as re19 quired by paragraph (1)(A). 

20 (3) CERTIFICATION REGARDING RELOCATION

21 COSTS.—Not later than 30 days after the date on 

22 which the report under paragraph (1) is required to 

23 be submitted to Congress, the President shall certify 

24 to Congress whether the amounts specified in the re25 port pursuant to subparagraphs (B) and (C) of such 
607

•HR 4200 PCS 

1 paragraph are sufficient to cover both the initial and 

2 permanent costs of relocating Department of the 

3 Navy activities from the portion of the Complex 

4 transferred under subsection (a). The President 

5 shall make this certification only after consultation 

6 with the Chairman and ranking minority member of 

7 the Committee on Armed Services and the Com8 mittee on Appropriations of the House of Represent9 atives and the Chairman and ranking minority mem10 ber of the Committee on Armed Services and the 

11 Committee on Appropriations of the Senate. 

12 (4) RESTORATION OF COMPLEX TO NAVY.—If 

13 the President certifies under paragraph (3) that 

14 amounts referred to in subparagraphs (B) and (C) 

15 of paragraph (1) are insufficient to cover Navy relo16 cation costs, the Administrator of General Services, 

17 at the request of the Secretary of the Navy, shall re18 store the Complex to the administrative jurisdiction 

19 of the Secretary of the Navy. 

20 (5) NAVY SALE OF COMPLEX.—If administra21 tive jurisdiction over the Complex is restored to the 

22 Secretary of the Navy, the Secretary shall convey 

23 the Complex by competitive sale. Amounts received 

24 by the United States as consideration from any sale 

25 under this paragraph shall be deposited in the spe-
608

•HR 4200 PCS 

1 cial account in the Treasury established pursuant to 

2 section 572(b) of title 40, United States Code. 

3 SEC. 2842. LAND CONVEYANCE, NAVY PROPERTY, FORMER 

4 FORT SHERIDAN, ILLINOIS. 

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

6 the Navy may convey, without consideration, to the State 

7 of Illinois, a political subdivision of the State, or a non8 profit land conservation organization (in this section col9 lectively referred to as the ‘‘grantee’’), all right, title, and 

10 interest of the United States in and to certain environ11 mentally sensitive land at the former Fort Sheridan, Illi12 nois, consisting of mostly bluffs and ravines, for the pur13 pose of ensuring the permanent protection of the lands. 

14 (b) REVERSIONARY INTEREST.—If the Secretary de15 termines at any time that the real property conveyed 

16 under subsection (a) is not being used or maintained in 

17 accordance with the purpose of the conveyance specified 

18 in such subsection, all right, title, and interest in and to 

19 all or any portion of the property shall revert, at the option 

20 of the Secretary, to the United States, and the United 

21 States shall have the right of immediate entry onto the 

22 property. Any determination of the Secretary under this 

23 subsection shall be made on the record after an oppor24 tunity for a hearing. 
609

•HR 4200 PCS 

1 (c) RECONVEYANCE AUTHORIZED.—The Secretary 

2 may permit the grantee to convey the real property con3 veyed under subsection (a) to another eligible entity de4 scribed in such subsection, subject to the same covenants 

5 and terms and conditions as provided in the deed from 

6 the United States. 

7 (d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 

8 Secretary shall require the grantee to cover costs to be 

9 incurred by the Secretary, or to reimburse the Secretary 

10 for costs incurred by the Secretary, to carry out the con11 veyance under subsection (a), including survey costs, costs 

12 related to environmental documentation, and other admin13 istrative costs related to the conveyance. If amounts are 

14 collected from the grantee in advance of the Secretary in15 curring the actual costs, and the amount collected exceeds 

16 the costs actually incurred by the Secretary to carry out 

17 the conveyance, the Secretary shall refund the excess 

18 amount to the grantee. 

19 (2) Amounts received as reimbursement under para20 graph (1) shall be credited to the fund or account that 

21 was used to cover the costs incurred by the Secretary in 

22 carrying out the conveyance. Amounts so credited shall be 

23 merged with amounts in such fund or account, and shall 

24 be available for the same purposes, and subject to the 
610

•HR 4200 PCS 

1 same conditions and limitations, as amounts in such fund 

2 or account. 

3 (e) EXEMPTION FROM FEDERAL SCREENING.—The 

4 conveyance authorized by subsection (a) is exempt from 

5 the requirement to screen the property for other Federal 

6 use pursuant to sections 2693 and 2696 of title 10, United 

7 States Code. 

8 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

9 and legal description of the real property to be conveyed 

10 under subsection (a) shall be determined by a survey satis11 factory to the Secretary. 

12 (g) 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 (h) USE OF ALTERNATE CONVEYANCE AUTHOR18 ITY.—In lieu of using the authority provided by this sec19 tion to convey the real property described in subsection 

20 (a), the Secretary may elect to include the property in a 

21 conveyance authorized by section 2878 of title 10, United 

22 States Code, subject to such terms, reservations, restric23 tions, and conditions as may be necessary to ensure the 

24 permanent protection of the property, if the Secretary de-
611

•HR 4200 PCS 

1 termines that a conveyance under such section is advan2 tageous to the interests of the United States. 

3 SEC. 2843. LAND EXCHANGE, NAVAL AIR STATION, PATUX4 ENT RIVER, MARYLAND. 

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

6 the Navy may convey to the State of Maryland (in this 

7 section referred to as ‘‘State’’), all right, title, and interest 

8 of the United States in and to a parcel of real property, 

9 including improvements thereon, consisting of approxi10 mately five acres at Naval Air Station, Patuxent River, 

11 Maryland, and containing the Point Lookout Lighthouse, 

12 other structures related to the lighthouse, and an archae13 ological site pertaining to the military hospital that was 

14 located on the property during the Civil War. The convey15 ance shall include artifacts pertaining to the military hos16 pital recovered by the Navy and held at the installation. 

17 (b) PROPERTY RECEIVED IN EXCHANGE.—As con18 sideration for the conveyance of the real property under 

19 subsection (a), the State shall convey to the United States 

20 a parcel of real property consisting of approximately five 

21 acres located in Point Lookout State Park, St. Mary’s 

22 County, Maryland. 

23 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 

24 Secretary may require the State to cover costs to be in25 curred by the Secretary, or to reimburse the Secretary for 
612

•HR 4200 PCS 

1 costs incurred by the Secretary, to carry out the convey2 ance under subsection (a), including survey costs, costs re3 lated to environmental documentation, relocation expenses 

4 incurred under subsection (b), and other administrative 

5 costs related to the conveyance. If amounts are collected 

6 from the State in advance of the Secretary incurring the 

7 actual costs, and the amount collected exceeds the costs 

8 actually incurred by the Secretary to carry out the convey9 ance, the Secretary shall refund the excess amount to 

10 State. 

11 (2) Amounts received as reimbursement under para12 graph (1) shall be credited to the fund or account that 

13 was used to cover the costs incurred by the Secretary in 

14 carrying out the conveyance. Amounts so credited shall be 

15 merged with amounts in such fund or account, and shall 

16 be available for the same purposes, and subject to the 

17 same conditions and limitations, as amounts in such fund 

18 or account. 

19 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

20 and legal description of the properties to be conveyed 

21 under this section shall be determined by surveys satisfac22 tory to the Secretary. 

23 (e) EXEMPTION FROM FEDERAL SCREENING.—The 

24 conveyance authorized by subsection (a) is exempt from 

25 the requirement to screen the property for other Federal 
613

•HR 4200 PCS 

1 use pursuant to sections 2693 and 2696 of title 10, United 

2 States Code. 

3 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions 

5 in connection with the conveyances under this section as 

6 the Secretary considers appropriate to protect the inter7 ests of the United States. 

8 PART III—AIR FORCE CONVEYANCES 

9 SEC. 2851. LAND EXCHANGE, MAXWELL AIR FORCE BASE, 

10 ALABAMA. 

11 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

12 the Air Force may convey to the City of Montgomery, Ala13 bama (in this section referred to as the ‘‘City’’), all right, 

14 title, and interest of the United States in and to a parcel 

15 of real property, including improvements thereon, con16 sisting of all of the Maxwell Heights Housing site at Max17 well Air Force Base, Alabama. 

18 (b) CONSIDERATION.—(1) As consideration for the 

19 conveyance of the real property under subsection (a), the 

20 City shall convey to the United States a parcel of real 

21 property, including improvements thereon, consisting of 

22 approximately 35 acres designated as project AL 6–4 that 

23 is owned by the City and is contiguous to Maxwell Air 

24 Force Base. The Secretary shall have jurisdiction over the 

25 real property received under this paragraph. 
614

•HR 4200 PCS 

1 (2) If the fair market value of the real property re2 ceived under paragraph (1) is less than the fair market 

3 value of the real property conveyed under subsection (a), 

4 the Secretary may require the City to make up the dif5 ference through the payment of cash, the provision of in6 kind consideration, or a combination thereof, to be deter7 mined pursuant to negotiations between the Secretary and 

8 the City. 

9 (3) The fair market values of the real property to 

10 be exchanged under this section shall be determined by 

11 appraisals acceptable to the Secretary and the City. 

12 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

13 and legal description of the property to be conveyed under 

14 this section shall be determined by surveys satisfactory to 

15 the Secretary. 

16 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

17 Secretary may require such additional terms and condi18 tions in connection with the conveyances under this section 

19 as the Secretary considers appropriate to protect the inter20 ests of the United States. 
615

•HR 4200 PCS 

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 $9,047,700,000, to be allocated as follows: 

18 (1) For weapons activities, $6,577,953,000. 

19 (2) For defense nuclear nonproliferation activi20 ties, $1,338,147,000. 

21 (3) For naval reactors, $797,900,000. 

22 (4) For the Office of the Administrator for Nu23 clear Security, $333,700,000. 

24 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

25 From funds referred to in subsection (a) that are available 
616

•HR 4200 PCS 

1 for carrying out plant projects, the Secretary of Energy 

2 may carry out, for weapons activities, the following new 

3 plant projects: 

4 Project 05–D–140, project engineering and de5 sign, various locations, $11,600,000. 

6 Project 05–D–160, facilities and infrastructure 

7 recapitalization program, project engineering and de8 sign, various locations, $8,700,000. 

9 Project 05–D–170, project engineering and de10 sign, safeguards and security, various locations, 

11 $17,000,000. 

12 Project 05–D–401, production bays upgrade, 

13 Pantex Plant, Amarillo, Texas, $25,100,000. 

14 Project 05–D–402, beryllium capability project, 

15 Y–12 national security complex, Oak Ridge, Ten16 nessee, $3,627,000. 

17 Project 05–D–601, compressed air upgrades 

18 project, Y–12 national security complex, Oak Ridge, 

19 Tennessee, $4,400,000. 

20 Project 05–D–602, power grid infrastructure 

21 upgrade, Los Alamos National Laboratory, Los Ala22 mos, New Mexico, $10,000,000. 

23 Project 05–D–603, new master substation, 

24 Sandia National Laboratories, Albuquerque, New 

25 Mexico, $600,000. 
617

•HR 4200 PCS 

1 Project 05–D–701, security perimeter, Los Ala2 mos National Laboratory, Los Alamos, New Mexico, 

3 $20,000,000. 

4 SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT. 

5 Funds are hereby authorized to be appropriated to 

6 the Department of Energy for fiscal year 2005 for envi7 ronmental management activities in carrying out pro8 grams necessary for national security in the amount of 

9 $6,863,307,000, to be allocated as follows: 

10 (1) For defense site acceleration completion, 

11 $5,876,837,000. 

12 (2) For defense environmental services, 

13 $986,470,000. 

14 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

15 Funds are hereby authorized to be appropriated to 

16 the Department of Energy for fiscal year 2005 for other 

17 defense activities in carrying out programs necessary for 

18 national security in the amount of $658,618,000. 

19 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

20 Funds are hereby authorized to be appropriated to 

21 the Department of Energy for fiscal year 2005 for defense 

22 nuclear waste disposal for payment to the Nuclear Waste 

23 Fund established in section 302(c) of the Nuclear Waste 

24 Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount 

25 of $131,000,000. 
618

•HR 4200 PCS 

1 Subtitle B—Program Authoriza2 tions, Restrictions, and Limita3 tions 

4 SEC. 3111. EXTENSION OF AUTHORITY FOR APPOINTMENT 

5 OF CERTAIN SCIENTIFIC, ENGINEERING, AND 

6 TECHNICAL PERSONNEL. 

7 Section 4601 of the Atomic Energy Defense Act (50 

8 U.S.C. 2701) is amended by striking ‘‘September 30, 

9 2004’’ and inserting ‘‘September 30, 2006’’. 

10 SEC. 3112. REQUIREMENTS FOR BASELINE OF PROJECTS 

11 UNDER FACILITIES AND INFRASTRUCTURE 

12 RECAPITALIZATION PROGRAM. 

13 Subsection (a) of section 3114 of the National De14 fense Authorization Act for Fiscal Year 2004 (Public Law 

15 108-136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amend16 ed—

17 (1) in paragraph (1) by inserting ‘‘of a base18 line’’ after ‘‘selection’’; and 

19 (2) by amending paragraph (2) to read as fol20 lows: 

21 ‘‘(2)(A) After December 31, 2004, a project 

22 may be added to or removed from the Facilities and 

23 Infrastructure Recapitalization Program only after 

24 the Administrator submits to the congressional de25 fense committees a notice that the Administrator 
619

•HR 4200 PCS 

1 has identified such project for addition or removal 

2 and has approved such addition or removal as a 

3 modification to the baseline for that program. 

4 ‘‘(B) The Administrator may not obligate funds 

5 for any project added under subparagraph (A) until 

6 a period of 60 days has elapsed after the date on 

7 which such committees receive the notice under sub8 paragraph (A) with respect to that project. 

9 ‘‘(C) The authority of the Administrator to 

10 identify and approve under subparagraph (A) may 

11 not be delegated.’’. 

12 Subtitle C—Other Matters 

13 SEC. 3131. TRANSFERS AND REPROGRAMMINGS OF NA14 TIONAL NUCLEAR SECURITY ADMINISTRA15 TION FUNDS. 

16 Section 3252 of the National Nuclear Security Ad17 ministration Act (50 U.S.C. 2452) is amended by adding 

18 at the end the following new subsection: 

19 ‘‘(d) TRANSFER AND REPROGRAMMING PROCESS.—

20 (1) The Administrator shall have sole jurisdiction within 

21 the Department of Energy to submit to Congress or the 

22 appropriate congressional committees a notice of, or re23 quest for, a transfer or reprogramming of funds of the 

24 Administration. 
620

•HR 4200 PCS 

1 ‘‘(2) The functions of the Chief Financial Officer of 

2 the Department of Energy shall not apply to a notice or 

3 request described in paragraph (1), except to certify 

4 whether the funds covered by such notice or request are 

5 available.’’. 

6 SEC. 3132. NATIONAL ACADEMY OF SCIENCES STUDY ON 

7 MANAGEMENT BY DEPARTMENT OF ENERGY 

8 OF HIGH-LEVEL RADIOACTIVE WASTE. 

9 (a) REVIEW REQUIRED.—The Secretary of Energy 

10 shall enter into an arrangement with the National Re11 search Council of the National Academy of Sciences to 

12 carry out a study of the plans of the Department of En13 ergy to manage the waste streams specified in subsection 

14 (b) that are not currently planned for disposal in a high15 level repository. 

16 (b) COVERED WASTE STREAMS.—The waste streams 

17 referred to in subsection (a) are the streams of high-level 

18 radioactive waste at—

19 (1) the Savannah River Site, South Carolina; 

20 (2) the Idaho National Engineering Laboratory, 

21 Idaho; and 

22 (3) the Hanford Reservation, Washington. 

23 (c) MATTERS INCLUDED.—The study required by 

24 subsection (a) shall evaluate—
621

•HR 4200 PCS 

1 (1) the physical, chemical, and radiological 

2 characteristics of the waste referred to in subsection 

3 (b), including specifically the waste proposed to be 

4 left indefinitely in storage tanks; 

5 (2) the probability that such waste, if left in6 definitely in storage tanks, will leak into the environ7 ment and the range of potential dangers such leak8 age would represent; 

9 (3) the plans of the Department for the dis10 posal of the high-level radioactive waste that the De11 partment had planned, before certain litigation in 

12 Federal district court in 2003 on ‘‘Waste Incidental 

13 to Reprocessing’’, to reclassify as low-level waste; 

14 (4) treatment and disposal alternatives to the 

15 plans referred to in paragraph (3), including, for 

16 each such alternative, assessments of the technology 

17 approaches and of the implications with respect to 

18 cost, worker safety, and long-term environmental 

19 and human health; 

20 (5) the adequacy of the plans referred to in 

21 subsection (a), including Department of Energy 

22 Order No. 435.1, to protect, for the long term, the 

23 environment and population surrounding each site 

24 referred to in subsection (b); and 
622

•HR 4200 PCS 

1 (6) any other matters that the National Re2 search Council considers appropriate and directly re3 lated to the subject matter of the study. 

4 (d) RECOMMENDATIONS REQUIRED.—In carrying out 

5 the study, the National Research Council shall develop 

6 recommendations relating to the subject matter of the 

7 study. The recommendations shall include—

8 (1) recommendations for improving the sci9 entific basis for managing the waste covered by the 

10 study, including alternative criteria for determining 

11 what waste should be managed as ‘‘Waste Incidental 

12 to Reprocessing’’; and 

13 (2) any other recommendations that the Na14 tional Research Council considers appropriate and 

15 directly related to the subject matter of the study. 

16 (e) REPORTS.—The National Research Council shall 

17 submit to the Secretary of Energy and the congressional 

18 defense committees—

19 (1) not later than six months after entering 

20 into the arrangement required by subsection (a), an 

21 interim report on the study with respect to the waste 

22 proposed to be left indefinitely in storage tanks, in23 cluding the tentative findings, conclusions, and rec24 ommendations with respect to such waste; and 
623

•HR 4200 PCS 

1 (2) not later than one year after entering into 

2 the arrangement required by subsection (a), a final 

3 report on the study, including all findings, conclu4 sions, and recommendations. 

5 (f) PROVISION OF INFORMATION.—The Secretary 

6 shall make available to the National Research Council all 

7 information that the National Research Council considers 

8 necessary to carry out, in a timely manner, its responsibil9 ities under this section. 

10 (g) FUNDING.—Of the amounts authorized to be ap11 propriated to the Department of Energy by section 3102, 

12 $1,500,000 shall be available only for carrying out the 

13 study required by this section. 

14 SEC. 3133. CONTRACT TO REVIEW WASTE ISOLATION PILOT 

15 PLANT, NEW MEXICO. 

16 The Secretary of Energy shall enter into a contract 

17 to conduct independent reviews and evaluations of the de18 sign, construction, and operations of the Waste Isolation 

19 Pilot Plant in New Mexico as they relate to the protection 

20 of the public health and safety and the environment. The 

21 contract shall be for a period of one year and shall be 

22 renewable for four additional one-year periods, subject to 

23 the authorization and appropriation of funds for such pur24 pose. 
624

•HR 4200 PCS 

1 SEC. 3134. ADDITIONAL AMOUNT FOR DEFENSE SITE AC2 CELERATION COMPLETION. 

3 (a) ADDITIONAL AMOUNT.—The amount in section 

4 3102 is hereby increased by $50,000,000, to be available 

5 under section 3102(1) for defense site acceleration com6 pletion. 

7 (b) OFFSET.—The amount in section 301(4), oper8 ation and maintenance, Air Force, is hereby reduced by 

9 $50,000,000, to be derived from the transportation capital 

10 fund. 

11 SECTION 3135. IMPROVEMENTS TO ENERGY EMPLOYEES 

12 OCCUPATIONAL ILLNESS COMPENSATION 

13 PROGRAM. 

14 (a) STATE AGREEMENTS.—Section 3661 of the En15 ergy Employees Occupational Illness Compensation Pro16 gram Act of 2000 (42 U.S.C. 7385o) is amended—

17 (1) in subsection (b) by striking ‘‘Pursuant to 

18 agreements under subsection (a), the’’ and inserting 

19 ‘‘The’’; 

20 (2) in subsection (c) by striking ‘‘provided in an 

21 agreement under subsection (a), and if’’; and 

22 (3) in subsection (e) by striking ‘‘If provided in 

23 an agreement under subsection (a)’’ and inserting 

24 ‘‘If a panel reports a determination under subsection 

25 (d)(5)’’. 
625

•HR 4200 PCS 

1 (b) SELECTION OF PANEL MEMBERS.—Section 3661 

2 of that Act (42 U.S.C. 7385o) is further amended in sub3 section (d) by amending paragraph (2) to read as follows: 

4 ‘‘(2) The Secretary of Health and Human Serv5 ices shall select individuals to serve as panel mem6 bers based on experience and competency in diag7 nosing occupational illnesses. For each individual so 

8 selected, the Secretary shall appoint that individual 

9 as a panel member or obtain by contract the services 

10 of that individual as a panel member.’’. 

11 TITLE XXXII—DEFENSE NU12 CLEAR FACILITIES SAFETY 

13 BOARD 

14 SEC. 3201. AUTHORIZATION. 

15 There are authorized to be appropriated for fiscal 

16 year 2005, $21,268,000 for the operation of the Defense 

17 Nuclear Facilities Safety Board under chapter 21 of the 

18 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

19 TITLE XXXIII—NATIONAL 

20 DEFENSE STOCKPILE 

21 SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE 

22 STOCKPILE FUNDS. 

23 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis24 cal year 2005, the National Defense Stockpile Manager 

25 may obligate up to $59,700,000 of the funds in the Na-
626

•HR 4200 PCS 

1 tional Defense Stockpile Transaction Fund established 

2 under subsection (a) of section 9 of the Strategic and Crit3 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

4 authorized uses of such funds under subsection (b)(2) of 

5 such section, including the disposal of hazardous materials 

6 that are environmentally sensitive. 

7 (b) ADDITIONAL OBLIGATIONS.—The National De8 fense Stockpile Manager may obligate amounts in excess 

9 of the amount specified in subsection (a) if the National 

10 Defense Stockpile Manager notifies Congress that extraor11 dinary or emergency conditions necessitate the additional 

12 obligations. The National Defense Stockpile Manager may 

13 make the additional obligations described in the notifica14 tion after the end of the 45-day period beginning on the 

15 date on which Congress receives the notification. 

16 (c) LIMITATIONS.—The authorities provided by this 

17 section shall be subject to such limitations as may be pro18 vided in appropriations Acts. 

19 SEC. 3302. RELAXATION OF QUANTITY RESTRICTIONS ON 

20 DISPOSAL OF MANGANESE FERRO IN NA21 TIONAL DEFENSE STOCKPILE. 

22 Section 3306(a) of the National Defense Authoriza23 tion Act for Fiscal Year 2002 (Public Law 107–107; 115 

24 Stat. 1391; 50 U.S.C. 98d note) is amended—
627

•HR 4200 PCS 

1 (1) in paragraph (3), by striking ‘‘each of the 

2 fiscal years 2004 and 2005’’ and inserting ‘‘fiscal 

3 year 2004’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(4) During fiscal year 2005, 100,000 short 

7 tons of high carbon manganese ferro of the highest 

8 grade. 

9 SEC. 3303. REVISION OF EARLIER AUTHORITY TO DISPOSE 

10 OF CERTAIN MATERIALS IN NATIONAL DE11 FENSE STOCKPILE. 

12 Section 3303(a) of the Strom Thurmond National 

13 Defense Authorization Act for Fiscal Year 1999 (Public 

14 Law 105–261; 50 U.S.C. 98d note) is amended by striking 

15 paragraphs (4) and (5) and inserting the following new 

16 paragraphs: 

17 ‘‘(4) $785,000,000 by the end of fiscal year 

18 2005; and 

19 ‘‘(5) $870,000,000 by the end of fiscal year 

20 2009.’’. 

21 TITLE XXXIV—NAVAL 

22 PETROLEUM RESERVES 

23 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are hereby authorized to be appropriated to the Secretary 
628

•HR 4200 PCS 

1 of Energy $20,000,000 for fiscal year 2005 for the pur2 pose of carrying out activities under chapter 641 of title 

3 10, United States Code, relating to the naval petroleum 

4 reserves. 

5 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

6 pursuant to the authorization of appropriations in sub7 section (a) shall remain available until expended. 

8 TITLE XXXV—MARITIME 

9 ADMINISTRATION 

10 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MAR11 ITIME ADMINISTRATION. 

12 There are authorized to be appropriated to the Sec13 retary of Transportation for the Maritime Administration 

14 for fiscal year 2005 (in lieu of amounts authorized for the 

15 same purposes by section 3511 of the National Defense 

16 Authorization Act for Fiscal Year 2004)—

17 (1) for expenses necessary for operations and 

18 training activities, $109,300,000; 

19 (2) for administrative expenses under the loan 

20 guarantee program authorized by title XI of the 

21 Merchant Marine Act, 1936 (46 U.S.C. App. 1271 

22 et seq.), $4,764,000; and 

23 (3) for ship disposal, $35,000,000, of which 

24 $2,000,000 shall be for decommissioning, removal, 
629

•HR 4200 PCS 

1 and disposal of the nuclear reactor and hazardous 

2 materials on board the vessel SAVANNAH. 

3 SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR 

4 RISK INSURANCE FOR MERCHANT MARINE 

5 VESSELS. 

6 (a) EXTENSION.—Section 1214 of the Merchant Ma7 rine Act, 1936 (46 U.S.C. App. 1294), is amended by 

8 striking ‘‘June 30, 2005’’ and inserting ‘‘December 31, 

9 2010’’. 

10 (b) INVESTMENT OF ASSETS IN INSURANCE FUND.—

11 Section 1208(a) of such Act (46 U.S.C. App. 1288), is 

12 amended by striking the third sentence and inserting the 

13 following: ‘‘The Secretary of Transportation may request 

14 the Secretary of the Treasury to invest such portion of 

15 the Fund as is not, in the judgment of the Secretary of 

16 Transportation, required to meet the current needs of the 

17 fund. Such investments shall be made by the Secretary 

18 of the Treasury in public debt securities of the United 

19 States, with maturities suitable to the needs of the fund, 

20 and bearing interest rates determined by the Secretary of 

21 the Treasury, taking into consideration current market 

22 yields on outstanding marketable obligations of the United 

23 States of comparable maturity.’’. 
630

•HR 4200 PCS 

1 TITLE XXXVI—SMALL BUSINESS 

2 ADMINISTRATION 

3 SEC. 3601. ADDITION OF LANDSCAPING AND PEST CON4 TROL SERVICES TO LIST OF DESIGNATED IN5 DUSTRY GROUPS PARTICIPATING IN THE 

6 SMALL BUSINESS COMPETITIVENESS DEM7 ONSTRATION PROGRAM. 

8 (a) IN GENERAL.—Subsection (a) of section 717 of 

9 the Small Business Competitiveness Demonstration Pro10 gram Act of 1988 (15 U.S.C. 644 note) is amended—

11 (1) in paragraph (3), by striking ‘‘and’’ at the 

12 end; 

13 (2) in paragraph (4), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following new 

16 paragraph: 

17 ‘‘(5) landscaping and pest control services.’’. 

18 (b) LANDSCAPING AND PEST CONTROL SERVICES.—

19 Section 717 of the Small Business Competitiveness Dem20 onstration Program Act of 1988 (15 U.S.C. 644 note) is 

21 amended—

22 (1) by redesignating subsection (e) as sub23 section (f), and 

24 (2) by inserting after subsection (d) the fol25 lowing new subsection: 
631

•HR 4200 PCS 

1 ‘‘(e) LANDSCAPING AND PEST CONTROL SERV2 ICES.—Landscaping and pest control services shall include 

3 contract awards assigned to North American Industrial 

4 Classification Code 561710 (relating to exterminating and 

5 pest control services) or 561730 (relating to landscaping 

6 services).’’.

Passed the House of Representatives May 20, 2004. 

Attest: JEFF TRANDAHL, 

Clerk. 
Calendar No. 537

108TH CONGRESS 

2D SESSION H. R. 4200

AN ACT

To authorize appropriations for fiscal year 2005 for 

Armed Forces, and for other purposes. personnel strengths for such fiscal year for the ties of the Department of Energy, to prescribe for military construction, and for defense activimilitary activities of the Department of Defense, 

MAY 21, 2004

Received; read twice and placed on the calendar