In the Senate of the United States,

June 23 (legislative day, June 22), 2004.

Resolved, That the bill from the House of Representatives (H.R. 4200) entitled ‘‘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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Ronald W. Reagan Na3 tional Defense Authorization Act for Fiscal Year 2005’’.
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

2 CONTENTS.

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

5 (1) Division A—Department of Defense Author6 izations.

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

9 (3) Division C—Department of Energy National

10 Security Authorizations and Other Authorizations.

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

12 this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Subtitle B—Army Programs

Sec. 111. Light utility helicopter program.

Sec. 112. Up-armored high mobility multi-purpose wheeled vehicles or wheeled vehicle ballistic add-on armor protection.

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

vehicles.

Subtitle C—Navy Programs

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

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

howitzer program.

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

overhaul and conversion.
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Subtitle D—Air Force Programs

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

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

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

Subtitle E—Other Matters

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

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

Bandwidth Expansion (GIG–BE) Network.

TITLE II—RESEARCH, DEVELOPMENT, TEST AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for science and technology.

Subtitle B—Program Requirements, Restrictions, and

Limitations

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

Sec. 212. Global Positioning System III satellite.

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

Sec. 214. Joint Unmanned Combat Air Systems program.

Sec. 215. Joint Strike Fighter Aircraft program.

Sec. 216. Joint experimentation.

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

Sec. 218. Neurotoxin mitigation research.

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

Sec. 220. Advanced ferrite antenna.

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

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

Subtitle C—Ballistic Missile Defense

Sec. 231. Fielding of ballistic missile defense capabilities.

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

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

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

Subtitle D—Other Matters

Sec. 241. Annual report on submarine technology insertion.

Sec. 242. Sense of the Senate regarding funding of the advanced shipbuilding enterprise under the national shipbuilding research program of the

Navy.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.
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Sec. 303. Other Department of Defense programs.

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

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 311. Commander’s Emergency Response Program.

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

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

Subtitle C—Environmental Provisions

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

Environmental Restoration Program.

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

connection with Moses Lake Wellfield Superfund Site, Moses

Lake, Washington.

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

the Department of Defense.

Sec. 324. Comptroller General study and report on drinking water contamination

and related health effects at Camp Lejeune, North Carolina.

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

Royal, Virginia.

Sec. 326. Comptroller General study and report on alternative technologies to decontaminate groundwater at Department of Defense installations.

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

water.

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

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

Range, Utah.

Subtitle D—Depot-Level Maintenance and Repair

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

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

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

operation of centers of industrial and technical excellence.

Subtitle E—Extensions of Program Authorities

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

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

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

Subtitle F—Defense Dependents Education

Sec. 351. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian

employees.

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

Sec. 353. Sense of the Senate regarding the impact of the privatization of military housing on local schools
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Subtitle G—Other Matters

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

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

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

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

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

Sec. 366. Media coverage of the return to the United States of the remains of deceased members of the Armed Forces from overseas.

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

combat.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

strengths for fiscal years 2005 through 2009.

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

limitation on certain officer grade strengths.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

Sec. 415. Authorized strengths for Marine Corps Reserve officers in active status

in grades below general officer.

Subtitle C—Authorizations of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

Sec. 422. Armed Forces Retirement Home.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Joint Officer Personnel Management

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

requirement for promotion to general or flag officer.

Sec. 502. Management of joint specialty officers.

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

Sec. 504. Length of joint duty assignments.

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

Military Education.

Sec. 506. Revised definitions applicable to joint duty.

Subtitle B—Other Officer Personnel Policy

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

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

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

Sec. 514. Limitation on number of officers frocked to major general and rear admiral (upper half).

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

Subtitle C—Reserve Component Personnel Policy

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

reserves to active duty.

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

for retirement pay.

Subtitle D—Education and Training

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

Sec. 532. Military recruiter equal access to campus.

Sec. 533. Exclusion from denial of funds for preventing ROTC access to campus

of amounts to cover individual costs of attendance at institutions

of higher education.

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

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

as Superintendent of the Air Force Academy.

Subtitle E—Decorations, Awards, and Commendations

Sec. 541. Award of medal of honor to individual interred in the Tomb of the Unknowns as representative of casualties of a war.

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

Operation Iraqi Freedom.

Sec. 543. Plan for revised criteria and eligibility requirements for award of combat infantryman badge and combat medical badge for service in

Korea after July 28, 1953.

Subtitle F—Military Justice

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

a vehicle, aircraft, or vessel.

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

a trial.

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

Subtitle G—Scope of Duties of Ready Reserve Personnel in

Inactive Duty Status

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

other duties performed by Reserves while in inactive duty status.

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

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

Sec. 564. Conforming amendments to other laws referring to funeral honors duty.
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Subtitle H—Other Matters

Sec. 571. Accession of persons with specialized skills.

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

United States.

Sec. 573. Renaming of National Guard Challenge Program and increase in maximum Federal share of cost of State programs under the program.

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

Sec. 575. Sense of the Senate regarding return of members to active duty service

upon rehabilitation from service-related injuries.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Sec. 602. Immediate lump-sum reimbursement for unusual nonrecurring expenses

incurred for duty outside the continental United States.

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

Subtitle B—Bonuses and Special and Incentive Pays

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

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

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

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

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

Sec. 616. Assignment incentive pay.

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

danger special pay.

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

bonus while serving on indefinite reenlistment.

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

Education Loan Repayment Program for health professions officers.

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

Reserve.

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

separation allowance, and certain Federal assistance.

Subtitle C—Travel and Transportation Allowances

Sec. 631. Travel and transportation allowances for family members to attend burial ceremonies of members who die on duty.

Sec. 632. Lodging costs incurred in connection with dependent student travel.
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Subtitle D—Retired Pay and Survivor Benefits

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

members of reserve components.

Sec. 642. Death benefits enhancement.

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

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

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

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

1, 2005.

Subtitle E—Other Matters

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

Sec. 652. Eligibility of members for reimbursement of expenses incurred for adoption placements made by foreign governments.

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

the air or surface travel of certain members of the Armed Forces

and their families.

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

Operation Enduring Freedom or Operation Iraqi Freedom.

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

TITLE VII—HEALTH CARE

Subtitle A—Enhanced Benefits for Reserves

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

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

of reserve components.

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

of more than 30 days.

Sec. 704. Protection of dependents from balance billing.

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

of requirement for preseparation physical examination.

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

Sec. 707. Continuation of non-TRICARE health benefits plan coverage for certain

Reserves called or ordered to active duty and their dependents.

Subtitle B—Other Matters

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

Sec. 712. Opportunity for young child dependent of deceased member to become

eligible for enrollment in a TRICARE dental plan.

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

Sec. 714. Services of marriage and family therapists.

Sec. 715. Chiropractic health care benefits advisory committee.

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

option to refuse regarding administration of drugs not approved

for general use.

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

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

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

CHAMPUS benefits received by disabled persons unaware of loss

of CHAMPUS eligibility.

Sec. 720. Vaccine Healthcare Centers Network.

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

incest

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Policy and Management

Sec. 801. Responsibilities of acquisition executives and Chief Information Officers

under the Clinger-Cohen Act.

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

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

Sec. 804. Defense commercial satellite services procurement process.

Sec. 805. Revision and extension of authority for advisory panel on review of government procurement laws and regulations.

Subtitle B—General Contracting Authorities, Procedures, and

Limitations, and Other Matters

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

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

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

commercial items.

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

defense contractors for business restructuring costs.

Sec. 815. Limitation regarding service charges imposed for defense procurements

made through contracts of other agencies.

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

contracts to which a small business contract reservation applies.

Subtitle C—Extensions of Temporary Program Authorities

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

institutions of higher education.

Sec. 822. Extension of Mentor-Protege program.

Sec. 823. Extension of test program for negotiation of comprehensive small business subcontracting plans.

Sec. 824. Extension of pilot program on sales of manufactured articles and services of certain Army industrial facilities.

Subtitle D—Industrial Base Matters

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

Base.

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

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

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

industrial base.
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Subtitle E—Defense Acquisition and Support Workforce

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

Sec. 842. Defense acquisition workforce improvements.

Subtitle F—Public-Private Competitions

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

the Department of Defense.

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

Sec. 853. Competitive sourcing reporting requirement.

Subtitle G—Other Matters

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

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

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

for financial assistance for performance of additional duties.

Sec. 864. Management plan for contractor security personnel.

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

Sec. 866. Accreditation study of commercial off-the-shelf processes for evaluating

information technology products and services.

Sec. 867. Contractor performance of acquisition functions closely associated with

inherently governmental functions.

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

Sec. 869. Energy savings performance contracts.

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

Service Organizations, incorporated.

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

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Reserve Components

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

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

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

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

of the Joint Staff of the National Guard Bureau.

Sec. 905. Authority to redesignate the Naval Reserve.

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

Subtitle B—Other Matters

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

Engineering.

Sec. 912. Directors of Small Business Programs.

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

Sec. 914. United States Military Cancer Institute.

Sec. 915. Authorities of the Judge Advocates General.
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TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

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

year 2005.

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

Sec. 1004. Defense business systems investment management.

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

recreational extracurricular programs.

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

fund for operations in Iraq and Afghanistan.

Subtitle B—Naval Vessels and Shipyards

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

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

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

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

Subtitle C—Reports

Sec. 1021. Report on contractor security in Iraq.

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

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

Sec. 1024. Report on training provided to members of the Armed Forces to prepare for post-conflict operations.

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

test ranges.

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

Postal System.

Sec. 1027. Report on establishing national centers of excellence for unmanned aerial and ground vehicles.

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

Freedom.

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

Department of Defense activities and functions.

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

personnel separating from the Armed Forces.

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

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

active duty service.

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

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

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

Subtitle D—Matters Relating to Space

Sec. 1031. Space posture review.

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

Sec. 1033. Operationally responsive national security payloads for space satellites.
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Sec. 1034. Nondisclosure of certain products of commercial satellite operations.

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

Subtitle E—Defense Against Terrorism

Sec. 1041. Temporary acceptance of communications equipment provided by local

public safety agencies.

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

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

Subtitle F—Matters Relating to Other Nations

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

and explosive remnants of war.

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

in Colombia.

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

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

and development programs.

Sec. 1055. Compensation for former prisoners of war.

Sec. 1056. Drug eradication efforts in Afghanistan.

Sec. 1057. Humane treatment of detainees.

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

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

weapons of mass destruction.

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

items.

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

General of the coalition provisional authority.

Sec. 1059C. Treatment of foreign prisoners.

Subtitle G—Other Matters

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

in title 10, United States Code.

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

commercial activities as security for intelligence collection activities abroad.

Sec. 1063. Liability protection for persons voluntarily providing maritime-related

services accepted by the Navy.

Sec. 1064. Licensing of intellectual property.

Sec. 1065. Delay of electronic voting demonstration project.

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

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

District of Columbia water and sewer services and establishment

of annual report by Treasury.

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

duty in connection with a contingency operation.

Sec. 1069. Protection of Armed Forces personnel from retaliatory actions for communications made through the chain of command.

Sec. 1070. Missile defense cooperation.

Sec. 1071. Policy on nonproliferation of ballistic missiles.

Sec. 1072. Reimbursement for certain protective, safety, or health equipment purchased by or for members of the Armed Forces for deployment

in operations in Iraq and central Asia.
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Sec. 1073. Preservation of search and rescue capabilities of the Federal Government.

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

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

Sec. 1076. Aerial firefighting equipment.

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

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

Sec. 1079. Reduction of barriers for Hispanic-serving institutions in defense contracts, defense research programs, and other minority-related defense programs.

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

Sec. 1081. Contractor accountability.

Sec. 1082. Definition of United States.

Sec. 1083. Mentor-protege pilot program.

Sec. 1084. Broadcast Decency Enforcement Act of 2004.

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

Sec. 1086. Assessment of effectiveness of current rating system for violence and effectiveness of V-chip in blocking violent programming.

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

Sec. 1088. Separability.

Sec. 1089. Effective Date.

Sec. 1090. Pilot program on cryptologic service training.

Sec. 1091. Energy savings performance contracts.

Sec. 1092. Clarification of fiscal year 2004 funding level for a National Institute

of Standards and Technology account.

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

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN

PERSONNEL POLICY

Sec. 1101. Science, mathematics, and research for transformation (SMART) defense scholarship pilot program.

Sec. 1102. Foreign language proficiency pay.

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

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

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

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

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

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

skills.

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

Sec. 1110. Nonreduction in pay while Federal employee is performing active service in the uniformed services or National Guard.

TITLE XII—COOPERATIVE THREAT REDUCTION WITH

STATES OF THE FORMER SOVIET UNION

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

Sec. 1202. Funding allocations.
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Sec. 1203. Modification and waiver of limitation on use of funds for chemical

weapons destruction facilities in Russia.

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

TITLE XIII—MEDICAL READINESS TRACKING AND HEALTH

SURVEILLANCE

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

Committee.

Sec. 1302. Medical readiness of Reserves.

Sec. 1303. Baseline Health Data Collection Program.

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

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

Sec. 1306. Environmental hazards.

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

Sec. 1308. Full implementation of Medical Readiness Tracking and Health Surveillance Program and Force Health Protection and Readiness

Program.

Sec. 1309. Other matters.

Sec. 1310. Use of civilian experts as consultants.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

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

projects.

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

TITLE XXII—NAVY

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

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

projects.

TITLE XXIII—AIR FORCE

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.
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Sec. 2402. Improvements to military family housing units.

Sec. 2403. Energy conservation projects.

Sec. 2404. Authorization of appropriations, Defense Agencies.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

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

law.

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

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

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

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

projects.

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

projects.

Sec. 2803. Additional reporting requirements relating to alternative authority for

acquisition and improvement of military housing.

Sec. 2804. Modification of authorities under alternative authority for acquisition

and improvement of military housing.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Recodification and consolidation of certain authorities and limitations

relating to real property administration.

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

components.

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

obtain new reserve component facilities and lands.

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

base closure and realignment.

Subtitle C—Land Conveyances

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

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

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

Sec. 2824. Land conveyance, Hampton, Virginia.

Sec. 2825. Land conveyance, Seattle, Washington.
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Sec. 2826. Transfer of jurisdiction, Nebraska Avenue Naval Complex, District of

Columbia.

Sec. 2827. Land conveyance, Honolulu, Hawaii.

Sec. 2828. Land conveyance, Portsmouth, Virginia.

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

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

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

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

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

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

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

Sec. 2836. Modification of authority for land conveyance, equipment and storage

yard, Charleston, South Carolina.

Subtitle D—Other Matters

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

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

Chemical Depot, Oregon.

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

States Army.

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

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

stores.

TITLE XXIX—MARITIME ADMINISTRATION

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

tank vessel construction assistance.

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Subtitle B—Program Authorizations, Restrictions, and

Limitations

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

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

Concepts Initiative.

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

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

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

stockpile.

Sec. 3116. Defense site acceleration completion.

Sec. 3117. National Academy of Sciences study.

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

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

Energy and National Nuclear Security Administration within

National Nuclear Security Administration.

Sec. 3120. Treatment of waste material.

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

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

2006 closure sites after closure of sites.

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

Subtitle C—Proliferation Matters

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

Union.

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

materials, and related equipment at vulnerable sites worldwide.

Subtitle D—Other Matters

Sec. 3141. Indemnification of Department of Energy contractors.

Sec. 3142. Two-year extension of authority for appointment of certain scientific,

engineering, and technical personnel.

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

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

Laboratory, New Mexico.

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

Sec. 3146. Compensation of Pajarito Plateau, New Mexico, homesteaders for acquisition of lands for Manhattan Project in World War II.

Subtitle E—Energy Employees Occupational Illness

Compensation Program

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

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

Sec. 3163. Workers compensation.

Sec. 3164. Termination of effect of other enhancements of Energy Employees Occupational Illness Compensation Program.

Sec. 3165. Sense of Senate on resource center for energy employees under Energy

Employee Occupational Illness Compensation Program in Western New York and Western Pennsylvania region.

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

of cohort.
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Sec. 3167. Inclusion of certain former nuclear weapons program workers in special exposure cohort under the Energy Employees Occupational

Illness Compensation Program.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Disposal of ferromanganese.

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

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

TITLE XXXIV—LOCAL LAW ENFORCEMENT ENHANCEMENT

ACT

Sec. 3401. Short Title.

Sec. 3402. Findings.

Sec. 3403. Definition of hate crime.

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

local law enforcement officials.

Sec. 3405. Grant Program.

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

enforcement.

Sec. 3407. Prohibition of certain hate crime acts.

Sec. 3408. Duties of Federal Sentencing Commission.

Sec. 3409. Statistics.

Sec. 3410. Severability.

TITLE XXXV—ASSISTANCE TO FIREFIGHTERS

Sec. 3501. Short title.

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

Program.

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

Sec. 3504. Grants for automated external defibrillator devices.

Sec. 3505. Criteria for reviewing grant applications.

Sec. 3506. Financial assistance for firefighter safety programs.

Sec. 3507. Assistance for applications.

Sec. 3508. Reduced requirements for matching funds.

Sec. 3509. Grant recipient limitations.

Sec. 3510. Other considerations.

Sec. 3511. Reports to congress.

Sec. 3512. Technical corrections.

Sec. 3513. Authorization of appropriations.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—
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1 (1) the Committee on Armed Services and the

2 Committee on Appropriations of the Senate; and

3 (2) the Committee on Armed Services and the

4 Committee on Appropriations of the House of Rep5 resentatives.

6 DIVISION A—DEPARTMENT OF

7 DEFENSE AUTHORIZATIONS

8 TITLE I—PROCUREMENT

9 Subtitle A—Authorization of

10 Appropriations

11 SEC. 101. ARMY.

12 Funds are hereby authorized to be appropriated for fis13 cal year 2005 for procurement for the Army as follows:

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

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

16 (3) For weapons and tracked combat vehicles,

17 $1,693,595,000.

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

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

20 SEC. 102. NAVY AND MARINE CORPS.

21 (a) NAVY.—Funds are hereby authorized to be appro22 priated for fiscal year 2005 for procurement for the Navy

23 as follows:

24 (1) For aircraft, $8,870,832,000.
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1 (2) For weapons, including missiles and tor2 pedoes, $2,183,829,000.

3 (3) For shipbuilding and conversion,

4 $10,127,027,000.

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

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

7 be appropriated for fiscal year 2005 for procurement for

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

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

10 are hereby authorized to be appropriated for fiscal year

11 2005 for procurement of ammunition for the Navy and the

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

13 SEC. 103. AIR FORCE.

14 Funds are hereby authorized to be appropriated for fis15 cal year 2005 for procurement for the Air Force as follows:

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

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

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

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

20 SEC. 104. DEFENSE-WIDE ACTIVITIES.

21 Funds are hereby authorized to be appropriated for fis22 cal year 2005 for Defense-wide procurement in the amount

23 of $2,967,402,000.
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1 Subtitle B—Army Programs

2 SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM.

3 (a) LIMITATION.—Of the funds authorized to be appro4 priated under section 101(1) for the procurement of light

5 utility helicopters, $45,000,000 may not be obligated or ex6 pended until 30 days after the date on which the Secretary

7 of the Army submits to the congressional defense committees

8 a report that contains—

9 (1) the Secretary’s certification that all required

10 documentation for the acquisition of light utility heli11 copters has been completed and approved; and

12 (2) the Army aviation modernization plan re13 quired by subsection (b).

14 (b) ARMY AVIATION MODERNIZATION PLAN.—(1) Not

15 later than March 1, 2005, the Secretary of the Army shall

16 submit to the congressional defense committees an updated

17 modernization plan for Army aviation.

18 (2) The updated Army aviation modernization plan

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

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

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

22 terminate the Comanche helicopter program and to

23 restructure the aviation force of the Army.

24 (C) The actions taken or to be taken to accelerate

25 the procurement and development of aircraft surviv-
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1 ability equipment for Army aircraft, together with a

2 detailed list of aircraft survivability equipment that

3 specifies such equipment by platform and by the re4 lated programmatic funding for procurement.

5 (D) A discussion of the conversion of Apache hel6 icopters to block III configuration, including the ra7 tionale for converting only 501 Apache helicopters to

8 that configuration and the costs associated with a

9 conversion of all Apache helicopters to the block III

10 configuration.

11 (E) A discussion of the procurement of light

12 armed reconnaissance helicopters, including the ra13 tionale for the requirement for light armed reconnais14 sance helicopters and a discussion of the costs associ15 ated with upgrading the light armed reconnaissance

16 helicopter to meet Army requirements.

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

18 light utility helicopters, together with a summary and

19 copy of the analysis of the alternative means for meet20 ing such requirement that the Secretary considered in

21 the determination to procure light utility helicopters,

22 including, at a minimum, the analysis of the alter23 native of using light armed reconnaissance helicopters

24 and UH–60 Black Hawk helicopters instead of light

25 utility helicopters to meet such requirement.
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1 (G) The rationale for the procurement of cargo

2 fixed-wing aircraft.

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

4 multi-role helicopter program.

5 (I) A description of the operational employment

6 of the Army’s restructured aviation force.

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

8 WHEELED VEHICLES OR WHEELED VEHICLE

9 BALLISTIC ADD-ON ARMOR PROTECTION.

10 (a) AMOUNT.—Of the amount authorized to be appro11 priated for the Army for fiscal year 2005 for other procure12 ment under section 101(5), $610,000,000 shall be available

13 for both of the purposes described in subsection (b) and may

14 be used for either or both of such purposes.

15 (b) PURPOSES.—The purposes referred to in subsection

16 (a) are as follows:

17 (1) The procurement of up-armored high mobil18 ity multi-purpose wheeled vehicles at a rate up to 450

19 such vehicles each month.

20 (2) The procurement of wheeled vehicle ballistic

21 add-on armor protection.

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

23 The Secretary of the Army shall allocate the amount avail24 able under subsection (a) between the two purposes set forth
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1 in subsection (b) as the Secretary determines appropriate

2 to meet the requirements of the Army.

3 (2) Not later than 15 days before making an allocation

4 under paragraph (1), the Secretary shall transmit a notifi5 cation of the proposed allocation to the congressional defense

6 committees.

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

8 The amount available under subsection (a) may not be used

9 for any purpose other than a purpose specified in subsection

10 (b).

11 SEC. 113. COMMAND-AND-CONTROL VEHICLES OR FIELD AR12 TILLERY AMMUNITION SUPPORT VEHICLES.

13 (a) INCREASED AMOUNT FOR PROCUREMENT OF

14 WEAPONS AND TRACKED COMBAT VEHICLES.—The amount

15 authorized to be appropriated under section 101(3) is here16 by increased by $5,000,000.

17 (b) AMOUNT FOR COMMAND-AND-CONTROL VEHICLES

18 OR FIELD ARTILLERY AMMUNITION SUPPORT VEHICLES.—

19 Of the amount authorized to be appropriated under section

20 101(3), $5,000,000 may be used for the procurement of com21 mand-and-control vehicles or field artillery ammunition

22 support vehicles.

23 (c) OFFSET.—The amount authorized to be appro24 priated by section 421 is hereby reduced by $5,000,000,
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1 with the amount of the reduction to be derived from excess

2 amounts provided for military personnel of the Air Force.

3 Subtitle C—Navy Programs

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

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

6 Navy is authorized to procure the first amphibious assault

7 ship of the LHA(R) class, subject to the availability of ap8 propriations for that purpose.

9 (b) AUTHORIZED AMOUNT.—Of the amount authorized

10 to be appropriated under section 102(a)(3) for fiscal year

11 2005, $150,000,000 shall be available for the advance pro12 curement and advance construction of components for the

13 first amphibious assault ship of the LHA(R) class. The Sec14 retary of the Navy may enter into a contract or contracts

15 with the shipbuilder and other entities for the advance pro16 curement and advance construction of those components.

17 SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR THE

18 LIGHT WEIGHT 155-MILLIMETER HOWITZER

19 PROGRAM.

20 (a) AUTHORITY.—Beginning with the fiscal year 2005

21 program year, the Secretary of the Navy may, in accord22 ance with section 2306b of title 10, United States Code,

23 enter into a multiyear contract for the procurement of the

24 light weight 155-millimeter howitzer.
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1 (b) LIMITATION.—The Secretary may not enter into

2 a multiyear contract for the procurement of light weight

3 155 millimeter howitzers under subsection (a) until the Sec4 retary determines on the basis of operational testing that

5 the light weight 155-millimeter howitzer is effective for fleet

6 use.

7 SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUNDING OF SUB8 MARINE ENGINEERED REFUELING OVERHAUL

9 AND CONVERSION.

10 (a) ESTABLISHMENT.—The Secretary of the Navy may

11 carry out a pilot program of flexible funding of engineered

12 refueling overhauls and conversions of submarines in ac13 cordance with this section.

14 (b) AUTHORITY.—Under the pilot program, the Sec15 retary of the Navy may, subject to subsection (d), transfer

16 amounts described in subsection (c) to the authorization of

17 appropriations for the Navy for procurement for ship18 building and conversion for any fiscal year to continue to

19 provide authorization of appropriations for any engineered

20 refueling conversion or overhaul of a submarine of the Navy

21 for which funds were initially provided on the basis of the

22 authorization of appropriations to which transferred.

23 (c) AMOUNTS AVAILABLE FOR TRANSFER.—The

24 amounts available for transfer under this section are

25 amounts authorized to be appropriated to the Navy for any
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1 fiscal year after fiscal year 2004 and before fiscal year 2013

2 for the following purposes:

3 (1) For procurement as follows:

4 (A) For shipbuilding and conversion.

5 (B) For weapons procurement.

6 (C) For other procurement.

7 (2) For operation and maintenance.

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

9 respect to a submarine under this section only to meet either

10 (or both) of the following requirements:

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

12 engineered refueling overhaul and conversion to meet

13 existing requirements for the submarine.

14 (B) A new engineered refueling overhaul and

15 conversion requirement resulting from a revision of

16 the original baseline engineered refueling overhaul

17 and conversion program for the submarine.

18 (2) A transfer may not be made under this section be19 fore the date that is 30 days after the date on which the

20 Secretary of the Navy transmits to the congressional defense

21 committees a written notification of the intended transfer.

22 The notification shall include the following matters:

23 (A) The purpose of the transfer.

24 (B) The amounts to be transferred.
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1 (C) Each account from which the funds are to be

2 transferred.

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

4 which the amounts are to be transferred.

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

6 be transferred.

7 (F) A discussion of the implications of the trans8 fer for the total cost of the submarine engineered re9 fueling overhaul and conversion program for which

10 the transfer is to be made.

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

12 account to another with respect to the engineered refueling

13 overhaul and conversion of a submarine under the authority

14 of this section shall be deemed to increase the amount au15 thorized for the account to which the amount is transferred

16 by an amount equal to the amount transferred and shall

17 be available for the engineered refueling overhaul and con18 version of such submarine for the same period as the ac19 count to which transferred.

20 (f) RELATIONSHIP TO OTHER TRANSFER AUTHOR21 ITY.—The authority to make transfers under this section

22 is in addition to any other transfer authority provided in

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

24 limitation, or procedure that is applicable to the exercise

25 of any such other authority.
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1 (g) FINAL REPORT.—Not later than October 1, 2011,

2 the Secretary of the Navy shall submit to the congressional

3 defense committees a report containing the Secretary’s eval4 uation of the efficacy of the authority provided under this

5 section.

6 (h) TERMINATION OF PROGRAM.—No transfer may be

7 made under this section after September 30, 2012.

8 Subtitle D—Air Force Programs

9 SEC. 131. PROHIBITION OF RETIREMENT OF

10 KC–135E AIRCRAFT.

11 The Secretary of the Air Force may not retire any KC–

12 135E aircraft of the Air Force in fiscal year 2005.

13 SEC. 132. PROHIBITION OF RETIREMENT OF

14 F–117 AIRCRAFT.

15 No F–117 aircraft in use by the Air Force during fis16 cal year 2004 may be retired during fiscal year 2005.

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

18 (a) AMOUNT FOR PROGRAM.—The amount authorized

19 to be appropriated by section 103(1) is hereby increased by

20 $2,000,000, with the amount of the increase to be available

21 for a bed-down initiative to enable the C–130 aircraft of

22 the Idaho Air National Guard to be the permanent carrier

23 of the SENIOR SCOUT mission shelters of the 169th Intel24 ligence Squadron of the Utah Air National Guard.
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1 (b) OFFSET.—The amount authorized to be appro2 priated by section 421 is hereby reduced by $2,000,000,

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

4 amounts provided for military personnel of the Air Force.

5 Subtitle E—Other Matters

6 SEC. 141. REPORT ON OPTIONS FOR ACQUISITION OF PRE7 CISION-GUIDED MUNITIONS.

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

9 March 1, 2005, the Secretary of Defense shall submit a re10 port on options for the acquisition of precision-guided mu11 nitions to the congressional defense committees.

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

13 the following matters:

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

15 the inventory of the Department of Defense.

16 (2) For each such munition—

17 (A) the inventory level as of the most recent

18 date that it is feasible to specify when the report

19 is prepared;

20 (B) the inventory objective that is necessary

21 to execute the current National Military Strategy

22 prescribed by the Chairman of the Joint Chiefs

23 of Staff;

24 (C) the year in which that inventory objec25 tive would be expected to be achieved—
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1 (i) if the munition were procured at

2 the minimum sustained production rate;

3 (ii) if the munition were procured at

4 the most economic production rate; and

5 (iii) if the munition were procured at

6 the maximum production rate; and

7 (D) the procurement cost (in constant fiscal

8 year 2004 dollars) at each of the production

9 rates specified in subparagraph (C).

10 SEC. 142. REPORT ON MATURITY AND EFFECTIVENESS OF

11 THE GLOBAL INFORMATION GRID BAND12 WIDTH EXPANSION (GIG–BE) NETWORK.

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

14 the date of the enactment of this Act, the Secretary of De15 fense shall submit to the Committee on Armed Services of

16 the Senate and the Committee on Armed Services of the

17 House of Representatives a report on a test program to dem18 onstrate the maturity and effectiveness of the Global Infor19 mation Grid-Bandwidth Expansion (GIG–BE) network ar20 chitecture.

21 (b) CONTENTS OF REPORT.—The report under sub22 section (a) shall—

23 (1) determine whether the results of the test pro24 gram described in subsection (a) demonstrate compli-
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1 ance of the GIG–BE architecture with the overall

2 goals of the GIG–BE program;

3 (2) identify—

4 (A) the extent to which the GIG–BE archi5 tecture does not meet the overall goals of the pro6 gram; and

7 (B) the components that are not yet suffi8 ciently developed to achieve the overall goals of

9 the program;

10 (3) include a plan and cost estimates for achiev11 ing compliance; and

12 (4) document the equipment and network con13 figuration used to demonstrate real-world scenarios

14 within the continental United States.

15 TITLE II—RESEARCH, DEVELOP16 MENT, TEST AND EVALUA17 TION

18 Subtitle A—Authorization of

19 Appropriations

20 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

21 Funds are hereby authorized to be appropriated for fis22 cal year 2005 for the use of the Department of Defense for

23 research, development, test, and evaluation as follows:

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

25 (2) For the Navy, $16,679,391,000.
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1 (3) For the Air Force, $21,264,267,000.

2 (4) For Defense-wide activities, $20,635,937,000,

3 of which $309,135,000 is authorized for the Director

4 of Operational Test and Evaluation.

5 SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

6 (a) AMOUNT FOR PROJECTS.—Of the total amount au7 thorized to be appropriated by section 201, $10,998,850,000

8 shall be available for science and technology projects.

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

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

11 work funded in program elements for defense research, de12 velopment, test, and evaluation under Department of De13 fense budget activities 1, 2, or 3.

14 Subtitle B—Program Requirements,

15 Restrictions, and Limitations

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

17 (a) AUTHORIZATION OF SHIP.—For the second de18 stroyer in the DD(X)-class destroyer program, the Secretary

19 of the Navy is authorized to use funds authorized to be ap20 propriated to the Navy under section 201(2).

21 (b) AMOUNT FOR DETAIL DESIGN.—Of the amount au22 thorized to be appropriated under section 201(2) for fiscal

23 year 2005, $99,400,000 shall be available for the detail de24 sign of the second destroyer of the DD(X)-class.
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1 SEC. 212. GLOBAL POSITIONING SYSTEM III SATELLITE.

2 Not more than 80 percent of the amount authorized

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

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

5 the Global Positioning System III satellite may be obligated

6 or expended for that purpose until the Secretary of

7 Defense—

8 (1) completes an analysis of alternatives for the

9 satellite and ground architectures, satellite tech10 nologies, and tactics, techniques, and procedures for

11 the next generation global positioning system (GPS);

12 and

13 (2) submits to the congressional defense commit14 tees a report on the results of the analysis, including

15 an assessment of the results of the analysis.

16 SEC. 213. INITIATION OF CONCEPT DEMONSTRATION OF

17 GLOBAL HAWK HIGH ALTITUDE ENDURANCE

18 UNMANNED AERIAL VEHICLE.

19 Section 221(c) of the Floyd D. Spence National De20 fense Authorization Act for Fiscal Year 2001 (as enacted

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

22 amended by striking ‘‘March 1, 2001’’ and inserting

23 ‘‘March 1, 2005’’.
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1 SEC. 214. JOINT UNMANNED COMBAT AIR SYSTEMS PRO2 GRAM.

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

4 Defense shall, subject to subsection (b), establish and require

5 an executive committee to provide guidance and rec6 ommendations for the management of the Joint Unmanned

7 Combat Air Systems program to the Director of the Defense

8 Advanced Research Projects Agency and the personnel who

9 are managing the program for such agency.

10 (2) The executive committee established under para11 graph (1) shall be composed of the following members:

12 (A) The Under Secretary of Defense for Acquisi13 tion, Technology, and Logistics, who shall chair the

14 executive committee.

15 (B) The Assistant Secretary of the Navy for Re16 search, Development, and Acquisition.

17 (C) The Assistant Secretary of the Air Force for

18 Acquisition.

19 (D) The Deputy Chief of Naval Operations for

20 Warfare Requirements and Programs.

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

22 for Air and Space Operations.

23 (F) Any additional personnel of the Department

24 of Defense whom the Secretary determines appro25 priate for membership on the executive committee.
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1 (b) APPLICABILITY ONLY TO DARPA-MANAGED PRO2 GRAM.—The requirements of subsection (a) apply with re3 spect to the Joint Unmanned Combat Air Systems program

4 only while the program is managed by the Defense Ad5 vanced Research Projects Agency.

6 SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.

7 (a) REQUIREMENT FOR STUDY.—The Secretary of De8 fense shall require the Defense Science Board to conduct a

9 study on the Joint Strike Fighter aircraft program.

10 (b) MATTERS TO BE STUDIED.—The study shall in11 clude, for each of the three variants of the Joint Strike

12 Fighter aircraft, the following matters:

13 (1) The current status.

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

15 weight on estimated performance.

16 (3) The validity of the technical approaches

17 being considered to achieve the required performance.

18 (4) The risks of those technical approaches.

19 (5) A list of any alternative technical approaches

20 that have the potential to achieve the required per21 formance.

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

23 the results of the study to the congressional defense commit24 tees at the same time that the President submits the budget
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1 for fiscal year 2006 to Congress under section 1105(a) of

2 title 31, United States Code.

3 SEC. 216. JOINT EXPERIMENTATION.

4 (a) DEFENSE-WIDE PROGRAM ELEMENT.—The Sec5 retary of Defense shall plan, program, and budget for all

6 joint experimentation of the Armed Forces as a separate,

7 dedicated program element under research, development,

8 test, and evaluation, Defense-wide activities.

9 (b) APPLICABILITY TO FISCAL YEARS AFTER FISCAL

10 YEAR 2005.—This section shall apply with respect to fiscal

11 years beginning after 2005.

12 SEC. 217. INFRASTRUCTURE SYSTEM SECURITY ENGINEER13 ING DEVELOPMENT FOR THE NAVY.

14 (a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOP15 MENT, TEST AND EVALUATION, NAVY.—The amount au16 thorized to be appropriated by section 201(2) for research,

17 development, test and evaluation, Navy, is hereby increased

18 by $3,000,000.

19 (b) AVAILABILITY OF AMOUNT FOR INFRASTRUCTURE

20 SYSTEM SECURITY ENGINEERING DEVELOPMENT.—Of the

21 amount authorized to be appropriated by section 201(2) for

22 research, development, test, and evaluation, Navy, as in23 creased by subsection (a), $3,000,000 may be available for

24 infrastructure system security engineering development.
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1 (c) OFFSET.—(1) The amount authorized to be appro2 priated by section 101(5) for other procurement, Army, is

3 hereby reduced by $1,000,000, with the amount of the reduc4 tion to be allocated to Buffalo Landmine Vehicles.

5 (2) The amount authorized to be appropriated by sec6 tion 102(b) for procurement for the Marine Corps is hereby

7 reduced by $500,000, with the amount of the reduction to

8 be allocated to Combat Casualty Care.

9 (3) The amount authorized to be appropriated by sec10 tion 201(1) for research, development, test, and evaluation,

11 Army, is hereby reduced by $1,000,000, with the amount

12 of the reduction to the allocated to Active Coating Tech13 nology.

14 (4) The amount authorized to be appropriated by sec15 tion 201(4) for research, development, test, and evaluation,

16 Defense-wide activities, is hereby reduced by $500,000, with

17 the amount of the reduction to be allocated to Radiation

18 Hardened Complementary Metal Oxide Semi-Conductors.

19 SEC. 218. NEUROTOXIN MITIGATION RESEARCH.

20 (a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOP21 MENT, TEST, AND EVALUATION, DEFENSE-WIDE.—The

22 amount authorized to be appropriated by section 201(4) for

23 research, development, test, and evaluation, Defense-wide

24 activities, is hereby increased by $2,000,000.
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1 (b) AVAILABILITY FOR NEUROTOXIN MITIGATION RE2 SEARCH.—Of the amount authorized to be appropriated by

3 section 201(4) for research, development, test, and evalua4 tion, Defense-wide activities, as increased by subsection (a),

5 $2,000,000 may be available in Program Element

6 PE 62384BP for neurotoxin mitigation research.

7 (c) OFFSET.—The amount authorized to be appro8 priated by section 301(1) for operation and maintenance

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

10 amount of the reduction to be allocated to Satellite Commu11 nications Language training activity (SCOLA) at the

12 Army Defense Language Institute.

13 SEC. 219. SPIRAL DEVELOPMENT OF JOINT THREAT WARN14 ING SYSTEM MARITIME VARIANTS.

15 (a) AMOUNT FOR PROGRAM.—The amount authorized

16 to be appropriated by section 201(4) is hereby increased by

17 $2,000,000, with the amount of the increase to be available

18 in the program element PE 1160405BB for joint threat

19 warning system maritime variants.

20 (b) OFFSET.—The amount authorized to be appro21 priated by section 421 is hereby reduced by $2,000,000,

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

23 amounts provided for military personnel of the Air Force.
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1 SEC. 220. ADVANCED FERRITE ANTENNA.

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

3 the amount authorized to be appropriated under section

4 201(2), $3,000,000 may be available for development and

5 testing of the Advanced Ferrite Antenna.

6 (b) OFFSET.—The amount authorized to be appro7 priated by section 421 is hereby reduced by $3,000,000,

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

9 amounts provided for military personnel of the Air Force.

10 SEC. 221. PROTOTYPE LITTORAL ARRAY SYSTEM FOR OPER11 ATING SUBMARINES.

12 (a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOP13 MENT, TEST, AND EVALUATION, NAVY.—The amount au14 thorized to be appropriated by section 201(2) for research,

15 development, test, and evaluation for the Navy is hereby

16 increased by $5,000,000.

17 (b) AVAILABILITY OF AMOUNT.—Of the amount au18 thorized to be appropriated by section 201(2) for research,

19 development, test, and evaluation for the Navy, as increased

20 by subsection (a), $5,000,000 may be available for Program

21 Element PE 0604503N for the design, development, and

22 testing of a prototype littoral array system for operating

23 submarines.

24 (c) OFFSET.—The amount authorized to be appro25 priated by section 421 is hereby reduced by $5,000,000,
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1 with the amount of the reduction to be derived from excess

2 amounts provided for military personnel of the Air Force.

3 SEC. 222. ADVANCED MANUFACTURING TECHNOLOGIES

4 AND RADIATION CASUALTY RESEARCH.

5 (a) ADDITIONAL AMOUNT FOR ADVANCED MANUFAC6 TURING STRATEGIES.—Of the amount authorized to be ap7 propriated by section 201(4) for research, development, test,

8 and evaluation, Defense-wide activities, the amount avail9 able for Advanced Manufacturing Technologies

10 (PE 0708011S) is hereby increased by $2,000,000.

11 (b) AMOUNT FOR RADIATION CASUALTY RESEARCH.—

12 Of the amount authorized to be appropriated by section

13 201(4) for research, development, test, and evaluation, De14 fense-wide activities, $3,000,000 may be available for Radi15 ation Casualty Research (PE 0603002D8Z).

16 (c) OFFSET.—The amount authorized to be appro17 priated by section 421 is hereby reduced by $5,000,000,

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

19 amounts provided for military personnel of the Air Force.

20 Subtitle C—Ballistic Missile

21 Defense

22 SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA23 BILITIES.

24 Funds authorized to be appropriated under section

25 201(4) for the Missile Defense Agency may be used for the
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1 development and fielding of an initial set of ballistic missile

2 defense capabilities.

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

4 EXTENDED AIR DEFENSE SYSTEM.

5 (a) OVERSIGHT.—In the management of the combined

6 program for the acquisition of the Patriot Advanced Capa7 bility-3 missile system and the Medium Extended Air De8 fense System, the Secretary of Defense shall require the Sec9 retary of the Army to obtain the approval of the Director

10 of the Missile Defense Agency before the Secretary of the

11 Army—

12 (1) either—

13 (A) changes any system level technical spec14 ifications that are in effect under the program as

15 of the date of the enactment of this Act; or

16 (B) establishes any new system level tech17 nical specifications after such date;

18 (2) makes any significant change in a procure19 ment quantity (including any quantity in any future

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

21 for—

22 (A) the Patriot Advanced Capabilities-3

23 missile system; or

24 (B) PAC–3 configuration-3 radars, launch25 ers, or fire control units; or
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1 (3) changes the baseline development schedule

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

3 enactment of this Act.

4 (b) DEFINITIONS.—In this section:

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

7 applies, means technical specifications expressed in

8 terms of technical performance, including test speci9 fications, that affect the ability of the system to con10 tribute to the capability of the ballistic missile defense

11 system of the United States, as determined by the Di12 rector of the Missile Defense Agency.

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

14 to a planned procurement quantity, means any

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

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

18 Patriot Advanced Capability-3 system to make to the

19 ballistic missile defense system of the United States.

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

21 means the schedule on which technology upgrades for

22 the combined acquisition program referred to in sub23 section (a) are planned for development.

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

25 and ‘‘PAC–3 configuration-3’’—
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1 (A) mean the air and missile defense system

2 that, as of June 1, 2004, is referred to by either

3 such name in the management of the combined

4 acquisition program referred to in subsection (a);

5 and

6 (B) include such system as it is improved

7 with new air and missile defense technologies.

8 SEC. 233. COMPTROLLER GENERAL ASSESSMENTS OF BAL9 LISTIC MISSILE DEFENSE PROGRAMS.

10 (a) ANNUAL ASSESSMENTS.—At the conclusion of each

11 of 2004 through 2009, the Comptroller General of the

12 United States shall conduct an assessment of the extent to

13 which each ballistic missile defense program met the cost,

14 scheduling, testing, and performance goals for such program

15 for such year as established pursuant to section 232(c) of

16 the National Defense Authorization Act for Fiscal Year

17 2002 (10 U.S.C. 2431 note).

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

19 than February 15 of each of 2005 through 2010, the Comp20 troller General shall submit to the congressional defense

21 committees a report on the assessment conducted by the

22 Comptroller General under subsection (a) for the previous

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

3 SYSTEM.

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

5 2005, the Secretary of Defense, in consultation with the Di6 rector of Operational Test and Evaluation, shall prescribe

7 appropriate criteria for operationally realistic testing of

8 fieldable prototypes developed under the ballistic missile de9 fense spiral development program. The Secretary shall sub10 mit a copy of the prescribed criteria to the congressional

11 defense committees.

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

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

14 the ballistic missile defense system is conducted consistent

15 with the criteria prescribed under subsection (a).

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

17 block configuration of the ballistic missile defense system

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

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

21 section shall be construed to exempt any spiral development

22 program of the Department of Defense, after completion of

23 the spiral development, from the applicability of any provi24 sion of chapter 144 of title 10, United States Code, or sec25 tion 139, 181, 2366, 2399, or 2400 of such title in accord26 ance with the terms and conditions of such provision.
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1 (d) EVALUATION.—(1) The Director of Operational

2 Test and Evaluation shall evaluate the results of each test

3 conducted under subsection (a) as soon as practicable after

4 the completion of such test.

5 (2) The Director shall submit to the Secretary of De6 fense and the congressional defense committees a report on

7 the evaluation of each test conducted under subsection (a)

8 upon completion of the evaluation of such test under para9 graph (1).

10 (e) COST, SCHEDULE, AND PERFORMANCE BASE11 LINES.—(1) The Director of the Missile Defense Agency

12 shall establish cost, schedule, and performance baselines for

13 each block configuration of the Ballistic Missile Defense

14 System being fielded. The cost baseline for a block configu15 ration shall include full life cycle costs for the block configu16 ration.

17 (2) The Director shall include the baselines established

18 under paragraph (1) in the first Selected Acquisition Re19 port for the Ballistic Missile Defense System that is sub20 mitted to Congress under section 2432 of title 10, United

21 States Code, after the establishment of such baselines.

22 (3) The Director shall also include in the Selected Ac23 quisition Report submitted to Congress under paragraph

24 (2) the significant assumptions used in determining the

25 performance baseline under paragraph (1), including any
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1 assumptions regarding threat missile countermeasures and

2 decoys.

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

4 cost, schedule, or performance of any block configuration

5 of the Ballistic Missile Defense System varies significantly

6 (as determined by the Director of the Ballistic Missile De7 fense Agency) from the applicable baseline established under

8 subsection (d), the Director shall include such variation,

9 and the reasons for such variation, in the Selected Acquisi10 tion Report submitted to Congress under section 2432 of

11 title 10, United States Code.

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

13 Director of the Missile Defense Agency elects to undertake

14 any modification of a baseline established under subsection

15 (d), the Director shall submit to the congressional defense

16 committees a report setting forth the reasons for such modi17 fication.

18 Subtitle D—Other Matters

19 SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY

20 INSERTION.

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

22 2006, 2007, 2008, and 2009, the Secretary of Defense shall

23 submit to the congressional defense committees a report on

24 the submarine technologies that are available or potentially

25 available for insertion in submarines of the Navy to reduce
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1 the production and operating costs of the submarines while

2 maintaining or improving the effectiveness of the sub3 marines.

4 (2) The annual report for a fiscal year under para5 graph (1) shall be submitted at the same time that the

6 President submits to Congress the budget for that fiscal year

7 under section 1105(a) of title 31, United States Code.

8 (b) CONTENT.—The report on submarine technologies

9 under subsection (a) shall include, for each class of sub10 marines of the Navy, the following matters:

11 (1) A list of the technologies that have been dem12 onstrated, together with—

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

14 technologies that have been determined appro15 priate for such submarines; and

16 (B) the estimated cost of such technology in17 sertions.

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

19 demonstrated, together with a plan for the demonstra20 tion of any such technologies that have the potential

21 for being appropriate for such submarines.
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1 SEC. 242. SENSE OF THE SENATE REGARDING FUNDING OF

2 THE ADVANCED SHIPBUILDING ENTERPRISE

3 UNDER THE NATIONAL SHIPBUILDING RE4 SEARCH PROGRAM OF THE NAVY.

5 (a) FINDINGS.—Congress makes the following findings:

6 (1) The budget for fiscal year 2005, as submitted

7 to Congress by the President, provides $10,300,000 for

8 the Advanced Shipbuilding Enterprise under the Na9 tional Shipbuilding Research Program of the Navy.

10 (2) The Advanced Shipbuilding Enterprise is an

11 innovative program to encourage greater efficiency in

12 the national technology and industrial base.

13 (3) The leaders of the United States shipbuilding

14 industry have embraced the Advanced Shipbuilding

15 Enterprise as a method for exploring and collabo16 rating on innovation in shipbuilding and ship repair

17 that collectively benefits all components of the indus18 try.

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

20 Senate—

21 (1) that the Senate—

22 (A) strongly supports the innovative Ad23 vanced Shipbuilding Enterprise under the Na24 tional Shipbuilding Research Program as an en25 terprise between the Navy and industry that has

26 yielded new processes and techniques that reduce
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1 the cost of building and repairing ships in the

2 United States; and

3 (B) is concerned that the future-years de4 fense program of the Department of Defense that

5 was submitted to Congress for fiscal year 2005

6 does not reflect any funding for the Advanced

7 Shipbuilding Enterprise after fiscal year 2005;

8 and

9 (2) that the Secretary of Defense should continue

10 to provide in the future-years defense program for

11 funding the Advanced Shipbuilding Enterprise at a

12 sustaining level in order to support additional re13 search to further reduce the cost of designing, build14 ing, and repairing ships.

15 TITLE III—OPERATION AND

16 MAINTENANCE

17 Subtitle A—Authorization of

18 Appropriations

19 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

20 Funds are hereby authorized to be appropriated for fis21 cal year 2005 for the use of the Armed Forces and other

22 activities and agencies of the Department of Defense for ex23 penses, not otherwise provided for, for operation and main24 tenance, in amounts as follows:

25 (1) For the Army, $26,305,611,000.
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1 (2) For the Navy, $29,702,790,000.

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

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

4 (5) For Defense-wide activities, $17,453,576,000.

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

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

7 (8) For the Marine Corps Reserve, $197,496,000.

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

9 (10) For the Army National Guard,

10 $4,227,236,000.

11 (11) For the Air National Guard,

12 $4,366,738,000.

13 (12) For the United States Court of Appeals for

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

15 (13) For Environmental Restoration, Army,

16 $405,598,000.

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, $256,516,000.
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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 SEC. 302. WORKING CAPITAL FUNDS.

6 Funds are hereby authorized to be appropriated for fis7 cal year 2005 for the use of the Armed Forces and other

8 activities and agencies of the Department of Defense for

9 providing capital for working capital and revolving funds

10 in amounts as follows:

11 (1) For the Defense Working Capital Funds,

12 $1,625,686,000.

13 (2) For the National Defense Sealift Fund,

14 $1,269,252,000.

15 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

16 (a) DEFENSE HEALTH PROGRAM.—Funds are hereby

17 authorized to be appropriated for the Department of Defense

18 for fiscal year 2005 for expenses, not otherwise provided for,

19 for the Defense Health Program, $17,992,211,000, of

20 which—

21 (1) $17,555,169,000 is for Operation and Main22 tenance;

23 (2) $72,407,000 is for Research, Development,

24 Test and Evaluation; and

25 (3) $364,635,000 is for Procurement.
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1 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC2 TION, DEFENSE.—(1) Funds are hereby authorized to be ap3 propriated for the Department of Defense for fiscal year

4 2005 for expenses, not otherwise provided for, for Chemical

5 Agents and Munitions Destruction, Defense,

6 $1,518,990,000, of which—

7 (A) $1,138,801,000 is for Operation and Mainte8 nance;

9 (B) $301,209,000 is for Research, Development,

10 Test and Evaluation; and

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

12 (2) Amounts authorized to be appropriated under

13 paragraph (1) are authorized for—

14 (A) the destruction of lethal chemical agents and

15 munitions in accordance with section 1412 of the De16 partment of Defense Authorization Act, 1986 (50

17 U.S.C. 1521); and

18 (B) the destruction of chemical warfare materiel

19 of the United States that is not covered by section

20 1412 of such Act.

21 (c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI22 TIES, DEFENSE-WIDE.—Funds are hereby authorized to be

23 appropriated for the Department of Defense for fiscal year

24 2005 for expenses, not otherwise provided for, for Drug
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1 Interdiction and Counter-Drug Activities, Defense-Wide,

2 $852,697,000.

3 (d) DEFENSE INSPECTOR GENERAL.—Funds are here4 by authorized to be appropriated for the Department of De5 fense for fiscal year 2005 for expenses, not otherwise pro6 vided for, for the Office of the Inspector General of the De7 partment of Defense, $164,562,000, of which—

8 (1) $162,362,000 is for Operation and Mainte9 nance;

10 (2) $100,000 is for Research, Development, Test,

11 and Evaluation; and

12 (3) $2,100,000 is for Procurement.

13 SEC. 304. AMOUNT FOR ONE SOURCE MILITARY COUN14 SELING AND REFERRAL HOTLINE.

15 (a) AUTHORIZATION OF APPROPRIATION OF ADDI16 TIONAL AMOUNT.—The amount authorized to be appro17 priated under section 301(5) is hereby increased by

18 $5,000,000, which shall be available (in addition to other

19 amounts available under this Act for the same purpose)

20 only for the Department of Defense One Source counseling

21 and referral hotline.

22 (b) OFFSET.—The amount authorized to be appro23 priated by section 421 is hereby reduced by $5,000,000,

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

25 amounts provided for military personnel of the Air Force.
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1 Subtitle B—Program Requirements,

2 Restrictions, and Limitations

3 SEC. 311. COMMANDER’S EMERGENCY RESPONSE PRO4 GRAM.

5 (a) FUNDING.—Of the amounts authorized to be ap6 propriated for fiscal year 2005 by section 301(5) for oper7 ation and maintenance for Defense-wide activities, not

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

9 year 2005 for the following:

10 (1) The Commander’s Emergency Response Pro11 gram, which was established by the Administrator of

12 the Coalition Provisional Authority for the purpose of

13 enabling United States military commanders in Iraq

14 to respond to urgent humanitarian relief and recon15 struction needs within their areas of responsibility by

16 carrying out programs to provide immediate assist17 ance to the people of Iraq.

18 (2) A similar program to enable United States

19 military commanders in Afghanistan to respond in

20 such manner to similar needs in Afghanistan.

21 (b) QUARTERLY REPORTS REQUIRED.—The Secretary

22 of Defense shall submit to the congressional defense commit23 tees on a quarterly basis reports on the use of amounts made

24 available under subsection (a).
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1 SEC. 312. LIMITATION ON TRANSFERS OUT OF WORKING

2 CAPITAL FUNDS.

3 Section 2208 of title 10, United States Code, is amend4 ed by adding at the end the following new subsection:

5 ‘‘(r) LIMITATION ON TRANSFERS.—(1) Notwith6 standing any authority for transfer of funds provided in

7 this section, no transfer may be made out of a working cap8 ital fund or between or among working capital funds under

9 such authority unless the Secretary of Defense has sub10 mitted a notification of the proposed transfer to the congres11 sional defense committees in accordance with customary

12 procedures.

13 ‘‘(2) The amount of a transfer covered by a notification

14 under paragraph (1) that is proposed to be made in a fiscal

15 year does not count for the purpose of any limitation on

16 the total amount of transfers that may be made for that

17 fiscal year under authority provided to the Secretary of De18 fense in a law authorizing appropriations for a fiscal year

19 for military activities of the Department of Defense or a

20 law making appropriations for the Department of De21 fense.’’.

22 SEC. 313. FAMILY READINESS PROGRAM OF THE NATIONAL

23 GUARD.

24 (a) AMOUNT FOR PROGRAM.—The amount authorized

25 to be appropriated by section 301(1) for operation and

26 maintenance for the Army is hereby increased by
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1 $10,000,000 for the Family Readiness Program of the Na2 tional Guard.

3 (b) OFFSET.—The amount authorized to be appro4 priated by section 421 is hereby reduced by $10,000,000,

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

6 amounts provided for military personnel of the Air Force.

7 Subtitle C—Environmental

8 Provisions

9 SEC. 321. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS

10 IN CONNECTION WITH DEFENSE ENVIRON11 MENTAL RESTORATION PROGRAM.

12 (a) PAYMENT FOR ACTIVITIES AT FORMER DEFENSE

13 PROPERTY SUBJECT TO COVENANT FOR ADDITIONAL RE14 MEDIAL ACTION.—Section 2701(d) of title 10, United States

15 Code, is amended—

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

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

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

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

20 (3) by inserting after paragraph (1) the fol21 lowing new paragraph (2):

22 ‘‘(2) ACTIVITIES AT CERTAIN FORMER DEFENSE

23 PROPERTY.—In addition to agreements under para24 graph (1), the Secretary may also enter into agree25 ments with owners of property subject to a covenant
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1 provided by the United States under section

2 120(h)(3)(A)(ii) of CERCLA (42 U.S.C.

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

4 property for activities under this section with respect

5 to such property by reason of the covenant.’’.

6 (b) SOURCE OF FUNDS FOR FORMER BRAC PROPERTY

7 SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL AC8 TION.—Section 2703 of such title is amended—

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

10 source’’ and inserting ‘‘Except as provided in sub11 section (h), the sole source’’; and

12 (2) by adding at the end the following new sub13 section:

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

15 REMEDIATION AT CERTAIN BASE REALIGNMENT AND CLO16 SURE SITES.—In the case of property disposed of pursuant

17 to a base closure law and subject to a covenant described

18 in section 2701(d)(2) of this title, the sole source of funds

19 for activities under such section shall be the base closure

20 account established under the applicable base closure law.’’.
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1 SEC. 322. REIMBURSEMENT OF ENVIRONMENTAL PROTEC2 TION AGENCY FOR CERTAIN COSTS IN CON3 NECTION WITH MOSES LAKE WELLFIELD

4 SUPERFUND SITE, MOSES LAKE, WASH5 INGTON.

6 (a) AUTHORITY TO REIMBURSE.—(1) Using funds de7 scribed in subsection (b), the Secretary of Defense may

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

9 Wellfield Superfund Site 10–6J Special Account.

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

11 the Environmental Protection Agency for its costs, includ12 ing interest, incurred in overseeing a remedial investiga13 tion/feasibility study performed by the Department of the

14 Army under the Defense Environmental Restoration Pro15 gram at the former Larson Air Force Base, Moses Lake

16 Superfund Site, Moses Lake, Washington.

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

18 provided for in the interagency agreement entered into by

19 the Department of the Army and the Environmental Protec20 tion Agency for the Moses Lake Wellfield Superfund Site

21 in March 1999.

22 (b) SOURCE OF FUNDS.—Any payment under sub23 section (a) shall be made using funds authorized to be ap24 propriated by section 301(17) for operation and mainte25 nance for Environmental Restoration, Formerly Used De26 fense Sites.
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1 (c) USE OF FUNDS.—The Environmental Protection

2 Agency shall use the amount transferred under subsection

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

4 Wellfield Superfund Site.

5 SEC. 323. SATISFACTION OF CERTAIN AUDIT REQUIRE6 MENTS BY THE INSPECTOR GENERAL OF THE

7 DEPARTMENT OF DEFENSE.

8 (a) SATISFACTION OF REQUIREMENTS.—The Inspector

9 General of the Department of Defense shall be deemed to

10 be in compliance with the requirements of subsection (k)

11 of section 111 of Comprehensive Environmental Response,

12 Compensation, and Liability Act of 1980 (42 U.S.C. 9611)

13 if the Inspector General conducts periodic audits of the pay14 ments, obligations, reimbursements and other uses of the

15 Fund described in that section, even if such audits do not

16 occur on an annual basis.

17 (b) REPORTS TO CONGRESS ON AUDITS.—The Inspec18 tor General shall submit to Congress a report on each audit

19 conducted by the Inspector General as described in sub20 section (a).
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1 SEC. 324. COMPTROLLER GENERAL STUDY AND REPORT ON

2 DRINKING WATER CONTAMINATION AND RE3 LATED HEALTH EFFECTS AT CAMP LEJEUNE,

4 NORTH CAROLINA.

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

6 States shall conduct a study on drinking water contamina7 tion and related health effects at Camp Lejeune, North

8 Carolina. The study shall consist of the following:

9 (1) A study of the history of drinking water con10 tamination at Camp Lejeune to determine, to the ex11 tent practical—

12 (A) what contamination has been found in

13 the drinking water;

14 (B) the source of such contamination and

15 when it may have begun;

16 (C) when Marine Corps officials first be17 came aware of such contamination;

18 (D) what actions have been taken to address

19 such contamination;

20 (E) the appropriateness of such actions in

21 light of the state of knowledge regarding con22 tamination of that type, and applicable legal re23 quirements regarding such contamination, as of

24 the time of such actions; and

25 (F) any other matters that the Comptroller

26 General considers appropriate.
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1 (2) An assessment of the study on the possible

2 health effects associated with the drinking of contami3 nated drinking water at Camp Lejeune as proposed

4 by the Agency for Toxic Substances and Disease Reg5 istry (ATSDR), including whether the proposed

6 study—

7 (A) will address the appropriate at-risk

8 populations;

9 (B) will encompass an appropriate time10 frame;

11 (C) will consider all relevant health effects;

12 and

13 (D) can be completed on an expedited basis

14 without compromising its quality.

15 (b) AUTHORITY TO USE EXPERTS.—The Comptroller

16 General may use experts in conducting the study required

17 by subsection (a). Any such experts shall be independent,

18 highly qualified, and knowledgeable in the matters covered

19 by the study.

20 (c) PARTICIPATION BY OTHER INTERESTED PAR21 TIES.—In conducting the study required by subsection (a),

22 the Comptroller General shall ensure that interested parties,

23 including individuals who lived or worked at Camp Lejeune

24 during the period when the drinking water may have been
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1 contaminated, have the opportunity to submit information

2 and views on the matters covered by the study.

3 (d) CONSTRUCTION WITH ATSDR STUDY.—The re4 quirement under subsection (a) that the Comptroller Gen5 eral conduct the study required by paragraph (2) of that

6 subsection may not be construed as a basis for the delay

7 of the study proposed by Agency for Toxic Substances and

8 Disease Registry as described in that subsection, but is in9 tended to provide an independent review of the appropriate10 ness and credibility of the study proposed by the Agency

11 and to identify possible improvements in the plan or imple12 mentation of the study proposed by the Agency.

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

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

15 shall submit to the congressional defense committees a re16 port on the study required by subsection (a), including such

17 recommendations as the Comptroller General considers ap18 propriate for further study or for legislative or other action.

19 (2) Recommendations under paragraph (1) may in20 clude recommendations for modifications or additions to the

21 study proposed by the Agency for Toxic Substances and Dis22 ease Registry, as described in subsection (a)(2), in order

23 to improve the study.
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1 SEC. 325. INCREASE IN AUTHORIZED AMOUNT OF ENVIRON2 MENTAL REMEDIATION, FRONT ROYAL, VIR3 GINIA.

4 Section 591(a)(2) of the Water Resources Development

5 Act of 1999 (Public Law 106–53; 113 Stat. 378) is amended

6 by striking ‘‘$12,000,000’’ and inserting ‘‘$22,000,000’’.

7 SEC. 326. COMPTROLLER GENERAL STUDY AND REPORT ON

8 ALTERNATIVE TECHNOLOGIES TO DECON9 TAMINATE GROUNDWATER AT DEPARTMENT

10 OF DEFENSE INSTALLATIONS.

11 (a) COMPTROLLER GENERAL STUDY.—The Comp12 troller General of the United States shall conduct a study

13 to determine whether or not cost-effective technologies are

14 available to the Department of Defense for the cleanup of

15 groundwater contamination at Department installations in

16 lieu of traditional methods, such as pump and treat, that

17 can be expensive and take many years to complete.

18 (b) ELEMENTS.—The study under subsection (a) shall

19 include the following:

20 (1) An identification of current technologies

21 being used or field tested by the Department to treat

22 groundwater at Department installations, including

23 the contaminants being addressed.

24 (2) An identification of cost-effective technologies

25 described in that subsection that are currently under

26 research, under development by commercial vendors,
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1 or available commercially and being used outside the

2 Department and that have potential for use by the

3 Department to address the contaminants identified

4 under paragraph (1).

5 (3) An evaluation of the potential benefits and

6 limitations of using the technologies identified under

7 paragraphs (1) and (2).

8 (4) A description of the barriers, such as cost, ca9 pability, or legal restrictions, to using the technologies

10 identified under paragraph (2).

11 (5) Any other matters the Comptroller General

12 considers appropriate.

13 (c) REPORT.—By April 1, 2005, the Comptroller Gen14 eral shall submit to Congress a report on the study under

15 subsection (a). The report shall include the results of the

16 study and any recommendations, including recommenda17 tions for administrative or legislative action, that the

18 Comptroller General considers appropriate.

19 SEC. 327. SENSE OF SENATE ON PERCHLORATE CONTAMI20 NATION OF GROUND AND SURFACE WATER.

21 (a) FINDINGS.—The Senate makes the following find22 ings:

23 (1) Because finite water sources in the United

24 States are stretched by regional drought conditions

25 and increasing demand for water supplies, there is
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1 increased need for safe and dependable supplies of

2 fresh water for drinking and use for agricultural pur3 poses.

4 (2) Perchlorate, a naturally occurring and man5 made compound with medical, commercial, and na6 tional defense applications, which has been used pri7 marily in military munitions and rocket fuels, has

8 been detected in fresh water sources intended for use

9 as drinking water and water necessary for the pro10 duction of agricultural commodities.

11 (3) If ingested in sufficient concentration and in

12 adequate duration, perchlorate may interfere with

13 thyroid metabolism, and this effect may impair the

14 normal development of the brain in fetuses and

15 newborns.

16 (4) The Federal Government has not yet estab17 lished a drinking water standard for perchlorate.

18 (5) The National Academy of Sciences is con19 ducting an assessment of the state of the science re20 garding the effects on human health of perchlorate in21 gestion that will aid in understanding the effect of

22 perchlorate exposure on sensitive populations.

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

24 that—
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1 (1) perchlorate has been identified as a contami2 nant of drinking water sources or in the environment

3 in 34 States and has been used or manufactured in

4 44 States;

5 (2) perchlorate exposure at or above a certain

6 level may adversely affect public health, particularly

7 the health of vulnerable and sensitive populations;

8 and

9 (3) the Department of Defense should—

10 (A) work to develop a national plan to re11 mediate perchlorate contamination of the envi12 ronment resulting from Department’s activities

13 to ensure the Department is prepared to respond

14 quickly and appropriately once a drinking water

15 standard is established;

16 (B) in cases in which the Department is al17 ready remediating perchlorate contamination,

18 continue that remediation;

19 (C) prior to the development of a drinking

20 water standard for perchlorate, develop a plan to

21 remediate perchlorate contamination in cases in

22 which such contamination from the Depart23 ment’s activities is present in ground or surface

24 water at levels that pose a hazard to human

25 health; and
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1 (D) continue the process of evaluating and

2 prioritizing sites without waiting for the devel3 opment of a Federal standard.

4 SEC. 328. AMOUNT FOR RESEARCH AND DEVELOPMENT FOR

5 IMPROVED PREVENTION OF LEISHMANIASIS.

6 (a) INCREASE IN AMOUNT FOR DEFENSE HEALTH

7 PROGRAM.—The amount authorized to be appropriated by

8 section 303(a)(2) for the Defense Health Program for re9 search, development, test, and evaluation is hereby in10 creased by $500,000, with the amount of the increase to be

11 available for purposes relating to Leishmaniasis

12 Diagnostics Laboratory.

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

14 LEISHMANIASIS TOPICAL TREATMENT.—The amount au15 thorized to be appropriated by section 201(1) for research,

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

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

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

19 Element PE 0604807A for purposes relating to Leishmani20 asis Topical Treatment.

21 (c) OFFSET.—The amount authorized to be appro22 priated by section 421 is hereby reduced by $5,000,000,

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

24 amounts provided for military personnel of the Air Force.
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1 SEC. 329. REPORT REGARDING ENCROACHMENT ISSUES AF2 FECTING UTAH TEST AND TRAINING RANGE,

3 UTAH.

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

5 Force shall prepare a report that outlines current and an6 ticipated encroachments on the use and utility of the special

7 use airspace of the Utah Test and Training Range in the

8 State of Utah, including encroachments brought about

9 through actions of other Federal agencies. The Secretary

10 shall include such recommendations as the Secretary con11 siders appropriate regarding any legislative initiatives nec12 essary to address encroachment problems identified by the

13 Secretary in the report.

14 (2) It is the sense of the Senate that such recommenda15 tions should be carefully considered for future legislative ac16 tion.

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

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

19 shall submit the report to the Committee on Armed Services

20 of the House of Representatives and the Committee on

21 Armed Services of the Senate.

22 (c) PROHIBITION ON GROUND MILITARY OPER23 ATIONS.—Nothing in this section shall be construed to per24 mit a military operation to be conducted on the ground in

25 a covered wilderness study area in the Utah Test and

26 Training Range.
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1 (d) COMMUNICATIONS AND TRACKING SYSTEMS.—

2 Nothing in this section shall be construed to prevent any

3 required maintenance of existing communications, instru4 mentation, or electronic tracking systems (or the infrastruc5 ture supporting such systems) necessary for effective testing

6 and training to meet military requirements in the Utah

7 Test and Training Range.

8 Subtitle D—Depot-Level

9 Maintenance and Repair

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

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

16 title 10, United States Code, is amended—

17 (1) in paragraph (1)—

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

19 ‘‘April 1’’; and

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

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

22 and are projected to be expended in the fiscal

23 year in which submitted and ensuing fiscal

24 years’’; and

25 (2) by striking paragraph (2).
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1 (b) TIMING AND CONTENT OF GAO VIEWS.—Para2 graph (3) of such section—

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

4 (2) is amended—

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

6 ‘‘90 days’’; and

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

8 follows and inserting the following: ‘‘whether the

9 Department of Defense has complied with the re10 quirements of subsection (a) for the fiscal year

11 preceding the fiscal year in which the report is

12 submitted and whether the expenditure projec13 tions for the other fiscal years covered by the re14 port are reasonable.’’.

15 SEC. 332. REPEAL OF REQUIREMENT FOR ANNUAL REPORT

16 ON MANAGEMENT OF DEPOT EMPLOYEES.

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

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

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

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

21 MANAGEMENT BY END STRENGTH.—’’.
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1 SEC. 333. EXTENSION OF SPECIAL TREATMENT FOR CER2 TAIN EXPENDITURES INCURRED IN THE OP3 ERATION OF CENTERS OF INDUSTRIAL AND

4 TECHNICAL EXCELLENCE.

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

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

7 ‘‘through 2009’’.

8 Subtitle E—Extensions of Program

9 Authorities

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

12 Section 344(c) of the National Defense Authorization

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

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

15 inserting ‘‘September 30, 2006’’.

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

17 PROGRAM INITIATIVE.

18 Section 343 of the Floyd D. Spence National Defense

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

20 note) is amended—

21 (1) in subsection (a), by striking ‘‘2004’’ and in22 serting ‘‘2006’’; and

23 (2) in subsection (g)—

24 (A) in paragraph (1), by striking ‘‘2004’’

25 and inserting ‘‘2006’’; and
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1 (B) in paragraph (2), by striking ‘‘2003’’

2 and inserting ‘‘2005’’.

3 SEC. 343. REAUTHORIZATION OF WARRANTY CLAIMS RE4 COVERY PILOT PROGRAM.

5 Section 391(f) of the National Defense Authorization

6 Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C.

7 2304 note) is amended by striking ‘‘September 30, 2004’’

8 and inserting ‘‘September 30, 2006’’.

9 Subtitle F—Defense Dependents

10 Education

11 SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

12 THAT BENEFIT DEPENDENTS OF MEMBERS

13 OF THE ARMED FORCES AND DEPARTMENT

14 OF DEFENSE CIVILIAN EMPLOYEES.

15 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

16 PROGRAM FOR FISCAL YEAR 2005.—Of the amount author17 ized to be appropriated pursuant to section 301(5) for oper18 ation and maintenance for Defense-wide activities,

19 $30,000,000 shall be available only for the purpose of pro20 viding educational agencies assistance to local educational

21 agencies.

22 (b) NOTIFICATION.—Not later than June 30, 2005, the

23 Secretary of Defense shall notify each local educational

24 agency that is eligible for educational agencies assistance

25 for fiscal year 2005 of—
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1 (1) that agency’s eligibility for the assistance;

2 and

3 (2) the amount of the assistance for which that

4 agency is eligible.

5 (c) DISBURSEMENT OF FUNDS.—The Secretary of De6 fense shall disburse funds made available under subsection

7 (a) not later than 30 days after the date on which notifica8 tion to the eligible local educational agencies is provided

9 pursuant to subsection (b).

10 (d) DEFINITIONS.—In this section:

11 (1) The term ‘‘educational agencies assistance’’

12 means assistance authorized under section 386(b) of

13 the National Defense Authorization Act for Fiscal

14 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

15 note).

16 (2) The term ‘‘local educational agency’’ has the

17 meaning given that term in section 8013(9) of the El18 ementary and Secondary Education Act of 1965 (20

19 U.S.C. 7713(9)).

20 (3) The term ‘‘basic support payment’’ means a

21 payment authorized under section 8003(b)(1) of the

22 Elementary and Secondary Education Act of 1965

23 (20 U.S.C. 7703(b)(1)).
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1 SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DIS2 ABILITIES.

3 Of the amount authorized to be appropriated pursuant

4 to section 301(5) for operation and maintenance for De5 fense-wide activities, $5,000,000 shall be available for pay6 ments under section 363 of the Floyd D. Spence National

7 Defense Authorization Act for Fiscal Year 2001 (as enacted

8 into law by Public Law 106–398; 114 Stat. 1654A–77; 20

9 U.S.C. 7703a).

10 SEC. 353. SENSE OF THE SENATE REGARDING THE IMPACT

11 OF THE PRIVATIZATION OF MILITARY HOUS12 ING ON LOCAL SCHOOLS.

13 (a) FINDINGS.—The Senate finds the following:

14 (1) There are approximately 750,000 school-aged

15 children of members of the active duty Armed Forces

16 in the United States.

17 (2) Approximately 650,000 of those students are

18 currently being served in public schools across the

19 United States.

20 (3) The Department of Defense has embarked on

21 military housing privatization initiatives using au22 thorities provided in subchapter IV of chapter 169 of

23 part IV of subtitle A of title 10, United States Code,

24 which will result in the improvement or replacement

25 of 120,000 military family housing units in the

26 United States.
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1 (4) The Secretary of each military department is

2 authorized to include the construction of new school

3 facilities in agreements carried out under subchapter

4 IV of chapter 169 of part IV of subtitle A of title 10,

5 United States Code.

6 (b) SENSE OF THE SENATE.—It is the sense of the Sen7 ate that the Department of Defense should support the con8 struction of schools in housing privatization agreements

9 that severely impact student populations.

10 Subtitle G—Other Matters

11 SEC. 361. CHARGES FOR DEFENSE LOGISTICS INFORMA12 TION SERVICES MATERIALS.

13 (a) AUTHORITY.—Subchapter I of chapter 8 of title 10,

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

15 following new section:

16 ‘‘§ 197. Defense Logistics Agency: fees charged for lo17 gistics information

18 ‘‘(a) AUTHORITY.—The Secretary of Defense may

19 charge fees for providing information in the Federal Logis20 tics Information System through Defense Logistics Informa21 tion Services to a department or agency of the executive

22 branch outside the Department of Defense, or to a State,

23 a political subdivision of a State, or any person.

24 ‘‘(b) AMOUNT.—The fee or fees prescribed under sub25 section (a) shall be such amount or amounts as the Sec-
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1 retary of Defense determines appropriate for recovering the

2 costs of providing information as described in such sub3 section.

4 ‘‘(c) RETENTION OF FEES.—Fees collected under this

5 section shall be credited to the appropriation available for

6 Defense Logistics Information Services for the fiscal year

7 in which collected, shall be merged with other sums in such

8 appropriation, and shall be available for the same purposes

9 and period as the appropriation with which merged.

10 ‘‘(d) DEFENSE LOGISTICS INFORMATION SERVICES

11 DEFINED.—In this section, the term ‘Defense Logistics In12 formation Services’ means the organization within the De13 fense Logistics Agency that is known as Defense Logistics

14 Information Services.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections at

16 the beginning of such subchapter is amended by adding at

17 the end the following new item:

‘‘197. Defense Logistics Agency: fees charged for logistics information.’’.

18 SEC. 362. TEMPORARY AUTHORITY FOR CONTRACTOR PER19 FORMANCE OF SECURITY-GUARD FUNCTIONS.

20 (a) CONDITIONAL EXTENSION OF AUTHORITY.—Sub21 section (c) of section 332 of the Bob Stump National Defense

22 Authorization Act for Fiscal Year 2003 (Public Law 107–

23 314; 116 Stat. 2513) is amended—

24 (1) by inserting ‘‘(1)’’ after ‘‘AUTHORITY.—’’;

25 and
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1 (2) by striking ‘‘at the end of the three-year pe2 riod’’ and all that follows through the period at the

3 end and inserting ‘‘at the end of September 30, 2006,

4 except that such authority shall not be in effect under

5 this section for any period after December 1, 2004,

6 during which the Secretary has failed to comply with

7 the requirement to submit the plan under subsection

8 (d)(2).

9 ‘‘(2) No security-guard functions may be performed

10 under any contract entered into using the authority pro11 vided under this section during any period for which the

12 authority for contractor performance of security-guard

13 functions under this section is not in effect.

14 ‘‘(3) The term of any contract entered into using the

15 authority provided under this section may not extend be16 yond the date of the expiration of authority under para17 graph (1).’’.

18 (b) REAFFIRMATION AND REVISION OF REPORTING

19 REQUIREMENT.—Subsection (d) of such section is

20 amended—

21 (1) by striking ‘‘180 days after the date of the

22 enactment of this Act,’’ and inserting ‘‘December 1,

23 2004,’’;

24 (2) by redesignating paragraphs (1) and (2) as

25 paragraphs (2) and (4), respectively;
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1 (3) by inserting after ‘‘shall—’’ the following

2 new paragraph:

3 ‘‘(1) identify each contract for the performance of

4 security-guard functions entered into pursuant to the

5 authority in subsection (a) on or before September 30,

6 2004, including information regarding—

7 ‘‘(A) each installation at which such secu8 rity-guard functions are performed or are to be

9 performed;

10 ‘‘(B) the period and amount of such con11 tract;

12 ‘‘(C) the number of security guards em13 ployed or to be employed under such contract;

14 and

15 ‘‘(D) the actions taken or to be taken within

16 the Department of Defense to ensure that the

17 conditions applicable under paragraph (1) of

18 subsection (a) or determined under paragraph

19 (2) of such subsection are satisfied;’’;

20 (4) by striking ‘‘and’’ at the end of paragraph

21 (2), as redesignated by paragraph (2); and

22 (5) by inserting after paragraph (2), as so redes23 ignated, the following new paragraph:

24 ‘‘(3) identify any limitation or constraint on the

25 end strength of the civilian workforce of the Depart-
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1 ment of Defense that makes it difficult to meet re2 quirements identified under paragraph (2) by hiring

3 personnel as civilian employees of the Department of

4 Defense; and’’.

5 SEC. 363. PILOT PROGRAM FOR PURCHASE OF CERTAIN MU6 NICIPAL SERVICES FOR DEPARTMENT OF DE7 FENSE INSTALLATIONS.

8 (a) AUTHORITY.—The Secretary of Defense may carry

9 out a pilot program to provide for the purchase of certain

10 services needed for a Department of Defense installation

11 from a county or municipality where the installation is lo12 cated.

13 (b) PURPOSE OF PROGRAM.—The purpose of the pilot

14 program is to provide the Secretary with a basis for evalu15 ating the efficacy of purchasing public works, utility, and

16 other services needed for Department of Defense installa17 tions from counties or municipalities where the installa18 tions are located.

19 (c) SERVICES AUTHORIZED FOR PROCUREMENT.—

20 Only the following services may be purchased for a partici21 pating installation under the pilot program:

22 (1) Refuse collection.

23 (2) Refuse disposal.

24 (3) Library services.

25 (4) Recreation services.
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1 (5) Facility maintenance and repair.

2 (6) Utilities.

3 (d) PROGRAM INSTALLATIONS.—The Secretary of each

4 military department may designate under this section not

5 more than two installations of such military department

6 for participation in the pilot program. Only installations

7 located in the United States are eligible for designation

8 under this subsection.

9 (e) REPORT.—Not later than February 1, 2010, the

10 Secretary of Defense shall submit to Congress a report on

11 any pilot program carried out under this section. The re12 port shall include—

13 (1) the Secretary’s evaluation of the efficacy of

14 purchasing public works, utility, and other services

15 for Department of Defense installations from counties

16 or municipalities where the installations are located;

17 and

18 (2) any recommendations that the Secretary con19 siders appropriate regarding authority to make such

20 purchases.

21 (f) PERIOD OF PILOT PROGRAM.—The pilot program

22 may be carried out during fiscal years 2005 through 2010.
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1 SEC. 364. CONSOLIDATION AND IMPROVEMENT OF AU2 THORITIES FOR ARMY WORKING-CAPITAL

3 FUNDED FACILITIES TO ENGAGE IN PUBLIC4 PRIVATE PARTNERSHIPS.

5 (a) PUBLIC-PRIVATE PARTNERSHIPS AUTHORIZED.—

6 Chapter 433 of title 10, United States Code, is amended

7 by adding at the end the following new section:

8 ‘‘§ 4544. Army industrial facilities: public-private

9 partnerships

10 ‘‘(a) PUBLIC-PRIVATE PARTNERSHIPS AUTHOR11 IZED.—A working-capital funded Army industrial facility

12 may enter into cooperative arrangements with non-Army

13 entities to carry out military or commercial projects with

14 the non-Army entities. A cooperative arrangement under

15 this section shall be known as a ‘public-private partner16 ship’.

17 ‘‘(b) AUTHORIZED PARTNERSHIP ACTIVITIES.—A

18 public-private partnership entered into by an Army indus19 trial facility may provide for any of the following activities:

20 ‘‘(1) The sale of articles manufactured by the fa21 cility or services performed by the facility to persons

22 outside the Department of Defense.

23 ‘‘(2) The performance of—

24 ‘‘(A) work by a non-Army entity at the fa25 cility; or
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1 ‘‘(B) work for a non-Army entity by the fa2 cility.

3 ‘‘(3) The sharing of work by the facility and one

4 or more non-Army entities.

5 ‘‘(4) The leasing, or use under a facilities use

6 contract or otherwise, of the facility (including excess

7 capacity) or equipment (including excess equipment)

8 of the facility by a non-Army entity.

9 ‘‘(5) The preparation and submission of joint of10 fers by the facility and one or more non-Army enti11 ties for competitive procurements entered into with a

12 department or agency of the United States.

13 ‘‘(c) CONDITIONS FOR PUBLIC-PRIVATE PARTNER14 SHIPS.—An activity described in subsection (b) may be car15 ried out as a public-private partnership at an Army indus16 trial facility only under the following conditions:

17 ‘‘(1) In the case of an article to be manufactured

18 or services to be performed by the facility, the articles

19 can be substantially manufactured, or the services can

20 be substantially performed, by the facility without

21 subcontracting for more than incidental performance.

22 ‘‘(2) The activity does not interfere with per23 formance of—

24 ‘‘(A) work by the facility for the Depart25 ment of Defense; or
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1 ‘‘(B) a military mission of the facility.

2 ‘‘(3) The activity meets one of the following ob3 jectives:

4 ‘‘(A) Maximize utilization of the capacity of

5 the facility.

6 ‘‘(B) Reduction or elimination of the cost of

7 ownership of the facility.

8 ‘‘(C) Reduction in the cost of manufac9 turing or maintaining Department of Defense

10 products at the facility.

11 ‘‘(D) Preservation of skills or equipment re12 lated to a core competency of the facility.

13 ‘‘(4) The non-Army entity partner or purchaser

14 agrees to hold harmless and indemnify the United

15 States from any liability or claim for damages or in16 jury to any person or property arising out of the ac17 tivity, including any damages or injury arising out

18 of a decision by the Secretary of the Army or the Sec19 retary of Defense to suspend or terminate an activity,

20 or any portion thereof, during a war or national

21 emergency or to require the facility to perform other

22 work or provide other services on a priority basis,

23 except—

24 ‘‘(A) in any case of willful misconduct or

25 gross negligence; and
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1 ‘‘(B) in the case of a claim by a purchaser

2 of articles or services under this section that

3 damages or injury arose from the failure of the

4 Government to comply with quality, schedule, or

5 cost performance requirements in the contract to

6 carry out the activity.

7 ‘‘(d) METHODS OF PUBLIC-PRIVATE PARTNER8 SHIPS.—To conduct an activity of a public-private partner9 ship under this section, the approval authority described

10 in subsection (f) for an Army industrial facility may, in

11 the exercise of good business judgment—

12 ‘‘(1) enter into a firm, fixed-price contract (or,

13 if agreed to by the purchaser, a cost reimbursement

14 contract) for a sale of articles or services or use of

15 equipment or facilities;

16 ‘‘(2) enter into a multiyear partnership contract

17 for a period not to exceed five years, unless a longer

18 period is specifically authorized by law;

19 ‘‘(3) charge a partner the amounts necessary to

20 recover the full costs of the articles or services pro21 vided, including capital improvement costs, and

22 equipment depreciation costs associated with pro23 viding the articles, services, equipment, or facilities;
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1 ‘‘(4) authorize a partner to use incremental

2 funding to pay for the articles, services, or use of

3 equipment or facilities; and

4 ‘‘(5) accept payment-in-kind.

5 ‘‘(e) DEPOSIT OF PROCEEDS.—(1) The proceeds of

6 sales of articles and services received in connection with the

7 use of an Army industrial facility under this section shall

8 be credited to the appropriation or working-capital fund

9 that incurs the variable costs of manufacturing the articles

10 or performing the services. Notwithstanding section 3302(b)

11 of title 31, the amount so credited with respect to an Army

12 industrial facility shall be available, without further appro13 priation, as follows:

14 ‘‘(A) Amounts equal to the amounts of the vari15 able costs so incurred shall be available for the same

16 purposes as the appropriation or working-capital

17 fund to which credited.

18 ‘‘(B) Amounts in excess of the amounts of the

19 variable costs so incurred shall be available for oper20 ations, maintenance, and environmental restoration

21 at that Army industrial facility.

22 ‘‘(2) Amounts credited to a working-capital fund

23 under paragraph (1) shall remain available until expended.

24 Amounts credited to an appropriation under paragraph (1)
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1 shall remain available for the same period as the appro2 priation to which credited.

3 ‘‘(f) APPROVAL OF SALES.—The authority of an Army

4 industrial facility to conduct a public-private partnership

5 under this section shall be exercised at the level of the com6 mander of the major subordinate command of the Army

7 that has responsibility for the facility. The commander may

8 approve such partnership on a case basis or a class basis.

9 ‘‘(g) COMMERCIAL SALES.—Except in the case of work

10 performed for the Department of Defense, for a contract of

11 the Department of Defense, for foreign military sales, or for

12 authorized foreign direct commercial sales (defense articles

13 or defense services sold to a foreign government or inter14 national organization under export controls), a sale of arti15 cles or services may be made under this section only if the

16 approval authority described in subsection (f) determines

17 that the articles or services are not available from a com18 mercial source located in the United States in the required

19 quantity or quality, or within the time required.

20 ‘‘(h) EXCLUSION FROM DEPOT-LEVEL MAINTENANCE

21 AND REPAIR PERCENTAGE LIMITATION.—Amounts ex22 pended for depot-level maintenance and repair workload by

23 non-Federal personnel at an Army industrial facility shall

24 not be counted for purposes of applying the percentage limi25 tation in section 2466(a) of this title if the personnel are
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1 provided by a non-Army entity pursuant to a public-pri2 vate partnership established under this section.

3 ‘‘(i) RELATIONSHIP TO OTHER LAWS.—Nothing in

4 this section shall be construed to affect the application of—

5 ‘‘(1) foreign military sales and the export con6 trols provided for in sections 30 and 38 of the Arms

7 Export Control Act (22 U.S.C. 2770 and 2778) to ac8 tivities of a public-private partnership under this sec9 tion; and

10 ‘‘(2) section 2667 of this title to leases of non-ex11 cess property in the administration of a public-pri12 vate partnership under this section.

13 ‘‘(j) DEFINITIONS.—In this section:

14 ‘‘(1) The term ‘Army industrial facility’ includes

15 an ammunition plant, an arsenal, a depot, and a

16 manufacturing plant.

17 ‘‘(2) The term ‘non-Army entity’ includes the fol18 lowing:

19 ‘‘(A) An executive agency.

20 ‘‘(B) An entity in industry or commercial

21 sales.

22 ‘‘(C) A State or political subdivision of a

23 State.

24 ‘‘(D) An institution of higher education or

25 vocational training institution.
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1 ‘‘(3) The term ‘incremental funding’ means a se2 ries of partial payments that—

3 ‘‘(A) are made as the work on manufacture

4 or articles is being performed or services are

5 being performed or equipment or facilities are

6 used, as the case may be; and

7 ‘‘(B) result in full payment being completed

8 as the required work is being completed.

9 ‘‘(4) The term ‘full costs’, with respect to articles

10 or services provided under this section, means the

11 variable costs and the fixed costs that are directly re12 lated to the production of the articles or the provision

13 of the services.

14 ‘‘(5) The term ‘variable costs’ means the costs

15 that are expected to fluctuate directly with the volume

16 of sales or services provided or the use of equipment

17 or facilities.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections at

19 the beginning of such chapter is amended by adding at the

20 end the following new item:

‘‘4544. Army industrial facilities: public-private partnerships.’’.

21 SEC. 365. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY

22 OF WORLD WAR II.

23 (a) IN GENERAL.—For fiscal year 2005, the Secretary

24 of Defense may conduct a program—
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1 (1) to commemorate the 60th anniversary of

2 World War II; and

3 (2) to coordinate, support, and facilitate other

4 such commemoration programs and activities of the

5 Federal Government, State and local governments,

6 and other persons.

7 (b) PROGRAM ACTIVITIES.—The program referred to

8 in subsection (a) may include activities and ceremonies—

9 (1) to provide the people of the United States

10 with a clear understanding and appreciation of the

11 lessons and history of World War II;

12 (2) to thank and honor veterans of World War

13 II and their families;

14 (3) to pay tribute to the sacrifices and contribu15 tions made on the home front by the people of the

16 United States;

17 (4) to foster an awareness in the people of the

18 United States that World War II was the central

19 event of the 20th century that defined the postwar

20 world;

21 (5) to highlight advances in technology, science,

22 and medicine related to military research conducted

23 during World War II;
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1 (6) to inform wartime and postwar generations

2 of the contributions of the Armed Forces of the United

3 States to the United States;

4 (7) to recognize the contributions and sacrifices

5 made by World War II allies of the United States;

6 and

7 (8) to highlight the role of the Armed Forces of

8 the United States, then and now, in maintaining

9 world peace through strength.

10 (c) ESTABLISHMENT OF ACCOUNT.—(1) There is estab11 lished in the Treasury of the United States an account to

12 be known as the ‘‘Department of Defense 60th Anniversary

13 of World War II Commemoration Account’’ which shall be

14 administered by the Secretary as a single account.

15 (2) There shall be deposited in the account, from

16 amounts appropriated to the Department of Defense for op17 eration and maintenance of Defense Agencies, such amounts

18 as the Secretary considers appropriate to conduct the pro19 gram referred to in subsection (a).

20 (3) The Secretary may use the funds in the account

21 established in paragraph (1) only for the purpose of con22 ducting the program referred to in subsection (a).

23 (4) Not later than 60 days after the termination of

24 the authority of the Secretary to conduct the program re25 ferred to in subsection (a), the Secretary shall transmit to
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1 the Committees on Armed Services of the Senate and House

2 of Representatives a report containing an accounting of all

3 the funds deposited into and expended from the account or

4 otherwise expended under this section, and of any amount

5 remaining in the account. Unobligated funds which remain

6 in the account after termination of the authority of the Sec7 retary under this section shall be held in the account until

8 transferred by law after the Committees receive the report.

9 (d) ACCEPTANCE OF VOLUNTARY SERVICES.—(1) Not10 withstanding section 1342 of title 31, United States Code,

11 the Secretary may accept from any person voluntary serv12 ices to be provided in furtherance of the program referred

13 to in subsection (a).

14 (2) A person providing voluntary services under this

15 subsection shall be considered to be an employee for the pur16 poses of chapter 81 of title 5, United States Code, relating

17 to compensation for work-related injuries. Such a person

18 who is not otherwise employed by the Federal Government

19 shall not be considered to be a Federal employee for any

20 other purposes by reason of the provision of such service.

21 (3) The Secretary may reimburse a person providing

22 voluntary services under this subsection for incidental ex23 penses incurred by such person in providing such services.

24 The Secretary shall determine which expenses are eligible

25 for reimbursement under this paragraph.
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1 SEC. 366. MEDIA COVERAGE OF THE RETURN TO THE

2 UNITED STATES OF THE REMAINS OF DE3 CEASED MEMBERS OF THE ARMED FORCES

4 FROM OVERSEAS.

5 (a) FINDINGS.—Congress makes the following findings:

6 (1) The Department of Defense, since 1991, has

7 relied on a policy of no media coverage of the trans8 fers of the remains of members Ramstein Air Force

9 Base, Germany, nor at Dover Air Force Base, Dela10 ware, and the Port Mortuary Facility at Dover Air

11 Force Base, nor at interim stops en route to the point

12 of final destination in the transfer of the remains.

13 (2) The principal focus and purpose of the policy

14 is to protect the wishes and the privacy of families of

15 deceased members of the Armed Forces during their

16 time of great loss and grief and to give families and

17 friends of the dead the privilege to decide whether to

18 allow media coverage at the member’s duty or home

19 station, at the interment site, or at or in connection

20 with funeral and memorial services.

21 (3) In a 1991 legal challenge to the Department

22 of Defense policy, as applied during Operation Desert

23 Storm, the policy was upheld by the United States

24 District Court for the District of Columbia, and on

25 appeal, by the United States Court of Appeals for the

26 District of Columbia in the case of JB Pictures, Inc.
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1 v. Department of Defense and Donald B. Rice, Sec2 retary of the Air Force on the basis that denying the

3 media the right to view the return of remains at

4 Dover Air Force Base does not violate the first

5 amendment guarantees of freedom of speech and of the

6 press.

7 (4) The United States Court of Appeals for the

8 District of Columbia in that case cited the following

9 two key Government interests that are served by the

10 Department of Defense policy:

11 (A) Reducing the hardship on the families

12 and friends of the war dead, who may feel obli13 gated to travel great distances to attend arrival

14 ceremonies at Dover Air Force Base if such cere15 monies were held.

16 (B) Protecting the privacy of families and

17 friends of the dead, who may not want media

18 coverage of the unloading of caskets at Dover Air

19 Force Base.

20 (5) The Court also noted, in that case, that the

21 bereaved may be upset at the public display of the

22 caskets of their loved ones and that the policy gives

23 the family the right to grant or deny access to the

24 media at memorial or funeral services at the home
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1 base and that the policy is consistent in its concern

2 for families.

3 (b) SENSE OF CONGRESS.—It is the sense of Congress

4 that the Department of Defense policy regarding no media

5 coverage of the transfer of the remains of deceased members

6 of the Armed Forces appropriately protects the privacy of

7 the members’ families and friends of and is consistent with

8 United States constitutional guarantees of freedom of speech

9 and freedom of the press.

10 SEC. 367. TRACKING AND CARE OF MEMBERS OF THE

11 ARMED FORCES WHO ARE INJURED IN COM12 BAT.

13 (a) FINDINGS.—The Senate makes the following find14 ings:

15 (1) Members of the Armed Forces of the United

16 States place themselves in harm’s way in the defense

17 of democratic values and to keep the United States

18 safe.

19 (2) This call to duty has resulted in the ultimate

20 sacrifice of members of the Armed Forces of the

21 United States who are killed or critically injured

22 while serving the United States.

23 (b) SENSE OF SENATE.—It is the sense of the Senate—
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1 (1) to honor the sacrifice of the members of the

2 Armed Forces who have been killed or critically

3 wounded while serving the United States;

4 (2) to recognize the heroic efforts of the medical

5 personnel of the Armed Forces in treating wounded

6 military personnel and civilians; and

7 (3) to support advanced medical technologies

8 that assist the medical personnel of the Armed Forces

9 in saving lives and reducing disability rates for mem10 bers of the Armed Forces.

11 (c) POLICY ON TRACKING OF WOUNDED FROM COMBAT

12 ZONES.—(1) Not later than 120 days after the date of the

13 enactment of this Act, the Secretary of Defense shall—

14 (A) prescribe the policy of the Department of De15 fense for providing timely notification to the next of

16 kin of the status, including health and location, of

17 members of the Armed Forces who are seriously ill or

18 injured in a combat zone; and

19 (B) transmit to the Committees on Armed Serv20 ices of the Senate and House of Representatives a

21 copy of the policy prescribed under subparagraph (A).

22 (2) The policy prescribed under paragraph (1) shall

23 ensure respect for the expressed desires of individual mem24 bers of the Armed Forces regarding notification of next of

25 kin under the policy, and shall also include standards of
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1 timeliness for the initial and continuing notification of next

2 of kin under the policy.

3 (d) FUNDING FOR MEDICAL EQUIPMENT AND COMBAT

4 CASUALTY TECHNOLOGIES.—(1) The amount authorized to

5 be appropriated by section 201(4) for research, development,

6 test, and evaluation, Defense-wide activities, is hereby in7 creased by $10,000,000, with the amount of the increase to

8 be allocated to Program Element PE 0603826D8Z.

9 (2) Of the amount authorized to be appropriated by

10 section 201(4) for research, development, test, and evalua11 tion, Defense-wide activities, and allocated to Program Ele12 ment PE 0603826D8Z, as provided by paragraph (1),

13 $10,000,000 may be available for medical equipment and

14 combat casualty care technologies.

15 (e) OFFSET.—The amount authorized to be appro16 priated by section 421 is hereby reduced by $10,000,000,

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

18 amounts provided for military personnel of the Air Force.

19 TITLE IV—MILITARY PERSONNEL

20 AUTHORIZATIONS

21 Subtitle A—Active Forces

22 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

23 The Armed Forces are authorized strengths for active

24 duty personnel as of September 30, 2005, as follows:
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1 (1) The Army, 502,400, subject to the condition

2 that costs of active duty personnel of the Army in ex3 cess of 482,400 shall be paid out of funds authorized

4 to be appropriated for fiscal year 2005 for a contin5 gent emergency reserve fund or as an emergency sup6 plemental appropriation.

7 (2) The Navy, 365,900.

8 (3) The Marine Corps, 175,000.

9 (4) The Air Force, 359,700.

10 SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF

11 ARMY ACTIVE DUTY PERSONNEL END

12 STRENGTHS FOR FISCAL YEARS 2005

13 THROUGH 2009.

14 (a) AUTHORITY.—During fiscal years 2005 through

15 2009, the Secretary of Defense is authorized to increase by

16 up to 30,000 the end strength authorized for the Army for

17 such fiscal year under section 115(a)(1)(A) of title 10,

18 United States Code, as necessary to support the operational

19 mission of the Army in Iraq and Afghanistan and to

20 achieve transformational reorganization objectives of the

21 Army, including objectives for increased numbers of combat

22 brigades, unit manning, force stabilization and shaping,

23 and rebalancing of the active and reserve component forces

24 of the Army.
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1 (b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU2 THORITY.—Nothing in this section shall be construed to

3 limit the President’s authority under section 123a of title

4 10, United States Code, to waive any statutory end strength

5 in a time of war or national emergency.

6 (c) RELATIONSHIP TO OTHER VARIANCE AUTHOR7 ITY.—The authority under subsection (a) is in addition to

8 the authority to vary authorized end strengths that is pro9 vided in subsections (e) and (f) of section 115 of title 10,

10 United States Code.

11 (d) BUDGET TREATMENT.—If the Secretary of Defense

12 plans to increase the Army active duty end strength for a

13 fiscal year under subsection (a) of this section or pursuant

14 to a suspension of end-strength limitation under section

15 123a of title 10, United States Code, then the budget for

16 the Department of Defense for such fiscal year as submitted

17 to Congress shall specify the amounts necessary for funding

18 the active duty end strength of the Army in excess of

19 482,400 (the end strength authorized for active duty per20 sonnel of the Army for fiscal year 2004 in section 401(1)

21 of the National Defense Authorization Act for Fiscal Year

22 2004 (Public Law 108–136; 117 Stat. 1450)).
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1 SEC. 403. EXCLUSION OF SERVICE ACADEMY PERMANENT

2 AND CAREER PROFESSORS FROM A LIMITA3 TION ON CERTAIN OFFICER GRADE

4 STRENGTHS.

5 Section 523(b) of title 10, United States Code, is

6 amended by adding at the end the following new paragraph:

7 ‘‘(8) Up to 50 permanent professors of each of

8 the United States Military Academy and the United

9 States Air Force Academy, and up to 50 professors of

10 the United States Naval Academy who are career

11 military professors (as defined in regulations pre12 scribed by the Secretary of the Navy).’’.

13 Subtitle B—Reserve Forces

14 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

15 (a) IN GENERAL.—The Armed Forces are authorized

16 strengths for Selected Reserve personnel of the reserve com17 ponents as of September 30, 2005, as follows:

18 (1) The Army National Guard of the United

19 States, 350,000.

20 (2) The Army Reserve, 205,000.

21 (3) The Naval Reserve, 83,400.

22 (4) The Marine Corps Reserve, 39,600.

23 (5) The Air National Guard of the United

24 States, 106,800.

25 (6) The Air Force Reserve, 76,100.

26 (7) The Coast Guard Reserve, 10,000.
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1 (b) ADJUSTMENTS.—The end strengths prescribed by

2 subsection (a) for the Selected Reserve of any reserve compo3 nent shall be proportionately reduced by—

4 (1) the total authorized strength of units orga5 nized to serve as units of the Selected Reserve of such

6 component which are on active duty (other than for

7 training) at the end of the fiscal year; and

8 (2) the total number of individual members not

9 in units organized to serve as units of the Selected

10 Reserve of such component who are on active duty

11 (other than for training or for unsatisfactory partici12 pation in training) without their consent at the end

13 of the fiscal year.

14 Whenever such units or such individual members are re15 leased from active duty during any fiscal year, the end

16 strength prescribed for such fiscal year for the Selected Re17 serve of such reserve component shall be proportionately in18 creased by the total authorized strengths of such units and

19 by the total number of such individual members.

20 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

21 DUTY IN SUPPORT OF THE RESERVES.

22 Within the end strengths prescribed in section 411(a),

23 the reserve components of the Armed Forces are authorized,

24 as of September 30, 2005, the following number of Reserves

25 to be serving on full-time active duty or full-time duty, in
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1 the case of members of the National Guard, for the purpose

2 of organizing, administering, recruiting, instructing, or

3 training the reserve components:

4 (1) The Army National Guard of the United

5 States, 26,602.

6 (2) The Army Reserve, 14,970.

7 (3) The Naval Reserve, 14,152.

8 (4) The Marine Corps Reserve, 2,261.

9 (5) The Air National Guard of the United

10 States, 12,253.

11 (6) The Air Force Reserve, 1,900.

12 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

13 (DUAL STATUS).

14 The minimum number of military technicians (dual

15 status) as of the last day of fiscal year 2005 for the reserve

16 components of the Army and the Air Force (notwith17 standing section 129 of title 10, United States Code) shall

18 be the following:

19 (1) For the Army Reserve, 7,299.

20 (2) For the Army National Guard of the United

21 States, 25,076.

22 (3) For the Air Force Reserve, 9,954.

23 (4) For the Air National Guard of the United

24 States, 22,956.
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1 SEC. 414. FISCAL YEAR 2005 LIMITATIONS ON NON-DUAL

2 STATUS TECHNICIANS.

3 (a) LIMITATIONS.—(1) Within the limitation provided

4 in section 10217(c)(2) of title 10, United States Code, the

5 number of non-dual status technicians employed by the Na6 tional Guard as of September 30, 2005, may not exceed the

7 following:

8 (A) For the Army National Guard of the United

9 States, 1,600.

10 (B) For the Air National Guard of the United

11 States, 350.

12 (2) The number of non-dual status technicians em13 ployed by the Army Reserve as of September 30, 2005, may

14 not exceed 795.

15 (3) The number of non-dual status technicians em16 ployed by the Air Force Reserve as of September 30, 2005,

17 may not exceed 90.

18 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In

19 this section, the term ‘‘non-dual status technician’’ has the

20 meaning given the term in section 10217(a) of title 10,

21 United States Code.

22 SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS

23 RESERVE OFFICERS IN ACTIVE STATUS IN

24 GRADES BELOW GENERAL OFFICER.

25 (a) INCREASED STRENGTHS FOR FIELD GRADE AND

26 COMPANY GRADE OFFICERS.—Section 12005(c)(1), of title
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1 10, United States Code, is amended by amending the table

2 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.’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect on October 1, 2004.

5 Subtitle C—Authorizations of

6 Appropriations

7 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI8 TARY PERSONNEL.

9 There is hereby authorized to be appropriated to the

10 Department of Defense for military personnel for fiscal year

11 2005 a total of $104,535,458,000. The authorization in the

12 preceding sentence supersedes any other authorization of

13 appropriations (definite or indefinite) for such purpose for

14 fiscal year 2005.

15 SEC. 422. ARMED FORCES RETIREMENT HOME.

16 There is hereby authorized to be appropriated for fiscal

17 year 2005 from the Armed Forces Retirement Home Trust

18 Fund the sum of $61,195,000 for the operation of the Armed

19 Forces Retirement Home.
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1 TITLE V—MILITARY PERSONNEL

2 POLICY

3 Subtitle A—Joint Officer Personnel

4 Management

5 SEC. 501. MODIFICATION OF CONDITIONS OF ELIGIBILITY

6 FOR WAIVER OF JOINT DUTY CREDIT RE7 QUIREMENT FOR PROMOTION TO GENERAL

8 OR FLAG OFFICER.

9 (a) CAREER FIELD SPECIALTIES WITH NO JOINT RE10 QUIREMENTS.—Paragraph (2) of section 619a(b) of title 10,

11 United States Code, is amended by striking ‘‘scientific and

12 technical qualifications’’ and inserting ‘‘career field spe13 cialty qualifications’’.

14 (b) OFFICERS SELECTED FOR PROMOTION WHILE IN

15 JOINT DUTY ASSIGNMENT.—Paragraph (4) of such section

16 is amended by striking ‘‘if—’’ and all that follows and in17 serting ‘‘if the officer’s total consecutive service in joint duty

18 assignments meets the requirements of section 664 of this

19 title for credit for having completed a full tour of duty in

20 a joint duty assignment.’’.

21 SEC. 502. MANAGEMENT OF JOINT SPECIALTY OFFICERS.

22 (a) EDUCATION AND EXPERIENCE REQUIREMENTS.—

23 (1) Subsection (c) of section 661 of title 10, United States

24 Code, is amended by striking paragraph (1) and inserting

25 the following: ‘‘(1) An officer shall have the joint specialty
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1 (and shall be designated with a joint specialty officer iden2 tifier) upon—

3 ‘‘(A) successfully completing (in any sequence)—

4 ‘‘(i) a program accredited by Chairman of

5 the Joint Chiefs of Staff that is presented by a

6 joint professional military education institution;

7 and

8 ‘‘(ii) a full tour of duty in a joint duty as9 signment; or

10 ‘‘(B) completing two full tours of duty in joint

11 duty assignments.’’.

12 (2) Subsection (c) of such section is further amended—

13 (A) by striking paragraphs (2) and (3); and

14 (B) by redesignating paragraph (4) as para15 graph (2).

16 (b) DESIGNATION OF JOINT SPECIALTY GENERAL AND

17 FLAG OFFICER POSITIONS.—Section 661 of such title is

18 further amended—

19 (1) by redesignating subsection (f) as subsection

20 (g); and

21 (2) by inserting after subsection (e) the following

22 new subsection (f):

23 ‘‘(f) JOINT SPECIALTY OFFICER DESIGNATION FOR

24 GENERAL AND FLAG POSITIONS.—(1) The Secretary of De25 fense shall ensure that the general and flag officer positions
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1 required to be filled by officers with the joint specialty as

2 joint duty assignments are designated as such.

3 ‘‘(2) An officer without the joint specialty may be as4 signed to a position designated under paragraph (1) only

5 if the Secretary of Defense determines that the assignment

6 of that officer to such position is necessary and waives the

7 requirement to assign an officer with the joint specialty to

8 that position.’’.

9 SEC. 503. REVISED PROMOTION POLICY OBJECTIVES FOR

10 JOINT OFFICERS.

11 (a) QUALIFICATIONS.—Subsection (a) of section 662 of

12 title 10, United States Code, is amended to read as follows:

13 ‘‘(a) QUALIFICATIONS.—(1) The Secretary of a mili14 tary department shall prescribe for the officers in each of

15 the armed forces under the jurisdiction of such Secretary

16 policies and procedures to ensure that an adequate number

17 of senior colonels, or in the case of the Navy, senior cap18 tains, who are serving in or have served in joint duty as19 signments meet the requirements of section 619a of this title

20 for eligibility for promotion to brigadier general and rear

21 admiral (lower half).

22 ‘‘(2) The Secretary of Defense shall ensure that the

23 qualifications of officers assigned to joint duty assignments

24 are such that—
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1 ‘‘(A) officers who are serving on or have served

2 on the Joint Staff are expected, as a group, to be pro3 moted to the next higher grade at a rate not less than

4 the rate for officers of the same armed force in the

5 same grade and competitive category who are serving

6 on the headquarters staff of their armed force; and

7 ‘‘(B) officers who are serving in or have served

8 in joint duty assignments are expected, as a group,

9 to be promoted to the next higher grade at a rate not

10 less than the rate for all officers of the same armed

11 force in the same grade and competitive category.

12 ‘‘(3) The Secretary of Defense shall prescribe policies

13 to ensure that the Secretaries of the military departments

14 provide for promotion selection boards to give appropriate

15 consideration to officers who are serving in or have served

16 in joint duty assignments and are eligible for consideration

17 by such boards.’’.

18 (b) CONFORMING AMENDMENT.—Subsection (b) of such

19 section is amended by striking ‘‘paragraphs (1), (2), and

20 (3) of subsection (a)’’ and inserting ‘‘subparagraphs (A)

21 and (B) of subsection (a)(2)’’.

22 SEC. 504. LENGTH OF JOINT DUTY ASSIGNMENTS.

23 Section 664 of title 10, United States Code, is amended

24 by striking subsection (b) and all that follows and inserting

25 the following new subsections:
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1 ‘‘(b) FULL CREDIT FOR JOINT DUTY.—An officer shall

2 be credited with having completed a full tour of duty in

3 a joint duty assignment upon the completion of any of the

4 following:

5 ‘‘(1) Service in a joint duty assignment that

6 meets the standards of subsection (a).

7 ‘‘(2) Service in a joint duty assignment for a pe8 riod that equals or exceeds the standard length of the

9 joint duty assignments that is prescribed under sub10 section (c) for the installation or other location of the

11 officer’s joint duty assignment.

12 ‘‘(3) Cumulative service of at least one year on

13 one or more headquarters staffs within a United

14 States or multinational joint task force.

15 ‘‘(4) Service in a second joint duty assignment

16 for not less than 24 months, without regard to how

17 much of the officer’s service in the first joint duty as18 signment has been credited as service in a joint duty

19 assignment.

20 ‘‘(5) Any service in a joint duty assignment if

21 the Secretary of Defense has granted a waiver for

22 such officer under subsection (d).

23 ‘‘(c) STANDARD LENGTH OF JOINT DUTY ASSIGN24 MENTS.—The Secretary of Defense shall prescribe in regula25 tions, for each installation and other location authorized
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1 joint duty assignment positions, the standard length of the

2 joint duty assignments in such positions at that installa3 tion or other location, as the case may be.

4 ‘‘(d) WAIVER AUTHORITY.—The Secretary of Defense

5 may waive the applicability of this section in the case of

6 any particular officer if the Secretary determines that it

7 is in the national security interests of the United States

8 to do so.’’.

9 SEC. 505. REPEAL OF MINIMUM PERIOD REQUIREMENT FOR

10 PHASE II JOINT PROFESSIONAL MILITARY

11 EDUCATION.

12 Section 663 of title 10, United States Code, is amended

13 by striking subsection (e).

14 SEC. 506. REVISED DEFINITIONS APPLICABLE TO JOINT

15 DUTY.

16 (a) JOINT DUTY ASSIGNMENT.—Subsection (b)(2) of

17 section 668 of title 10, United States Code, is amended by

18 striking ‘‘a list’’ in the matter preceding subparagraph (A)

19 and inserting ‘‘a joint duty assignment list’’.

20 (b) TOUR OF DUTY.—Subsection (c) of such section is

21 amended to read as follows:

22 ‘‘(c) TOUR OF DUTY.—In this chapter, the term ‘tour

23 of duty’ includes two or more consecutive tours of duty in

24 joint duty assignment positions that is credited as service

25 in a joint duty assignment under this chapter.’’.
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1 Subtitle B—Other Officer Personnel

2 Policy

3 SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER

4 FORCE TO A FORCE OF ALL REGULAR OFFI5 CERS.

6 (a) ORIGINAL APPOINTMENTS AS COMMISSIONED OF7 FICERS.—(1) Section 532 of title 10, United States Code,

8 is amended by striking subsection (e).

9 (2) Subsection (a)(2) of such section is amended by

10 striking ‘‘fifty-fifth birthday’’ and inserting ‘‘sixty-second

11 birthday’’.

12 (3)(A) Such section 532, as amended by paragraph

13 (1), is further amended by adding at the end the following

14 new subsection (e):

15 ‘‘(e) For an original appointment in a grade below

16 major or, in the case of the Navy, a grade below lieutenant

17 commander under subsection (a), the Secretary of Defense

18 may waive the applicability of the requirement of sub19 section (a)(1) to an alien lawfully admitted to permanent

20 residence in the United States when the Secretary deter21 mines that it is the national security interests of the United

22 States to do so.’’.

23 (B) Section 619(d) of title 10, United States Code, is

24 amended by adding at the end the following new paragraph:
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1 ‘‘(5) An officer in the grade of captain or, in the

2 case of the Navy, lieutenant who is not a citizen of

3 the United States.’’.

4 (4) Section 531(a) of such title is amended to read as

5 follows:

6 ‘‘(a)(1) Original appointments in the grades of second

7 lieutenant through captain in the Regular Army, Regular

8 Air Force, and Regular Marine Corps and in the grades

9 of ensign through lieutenant in the Regular Navy shall be

10 made by the President. The President may delegate to the

11 Secretary of Defense authority to make such appointments.

12 ‘‘(2) Original appointments in the grades of major,

13 lieutenant colonel, and colonel in the Regular Army, Reg14 ular Air Force, and Regular Marine Corps and in the

15 grades of lieutenant commander, commander, and captain

16 in the Regular Navy shall be made by the President, by

17 and with the advice and consent of the Senate.’’.

18 (b) REPEAL OF TOTAL STRENGTH LIMITATION FOR

19 ACTIVE DUTY REGULAR COMMISSIONED OFFICERS.—(1)

20 Section 522 of title 10, United States Code, is repealed.

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

22 32 of such title is amended by striking the item relating

23 to section 522.
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1 (c) FORCE SHAPING AUTHORITY.—(1)(A) Subchapter

2 V of chapter 36 of such title is amended by adding at the

3 end the following new section:

4 ‘‘§ 647. Force shaping authority

5 ‘‘(a) AUTHORITY.—The Secretary concerned may, sole6 ly for the purpose of restructuring an armed force under

7 the jurisdiction of that Secretary—

8 ‘‘(1) discharge an officer described in subsection

9 (b); or

10 ‘‘(2) transfer such an officer from the active-duty

11 list of that armed force to the reserve active-status list

12 of a reserve component of that armed force.

13 ‘‘(b) COVERED OFFICERS.—(1) The authority under

14 this section may be exercised in the case of an officer who—

15 ‘‘(A) has completed not more than 5 years of

16 service as a commissioned officer in the armed forces;

17 or

18 ‘‘(B) has completed more than 5 years of service

19 as a commissioned officer in the armed forces, but has

20 not completed a minimum service obligation applica21 ble to that member.

22 ‘‘(2) In this subsection, the term ‘minimum service ob23 ligation’ means the initial period of required active duty

24 service together with any additional period of required ac-
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1 tive duty service incurred during the initial period of re2 quired active duty service.

3 ‘‘(c) APPOINTMENT OF TRANSFERRED OFFICERS.—An

4 officer of the Regular Army, Regular Air Force, Regular

5 Navy, or Regular Marine Corps who is transferred to a re6 serve active-status list under this section shall be discharged

7 from the regular component concerned and appointed as a

8 reserve commissioned officer under section 12203 of this

9 title.

10 ‘‘(d) REGULATIONS.—The Secretary concerned shall

11 prescribe regulations for the exercise of the Secretary’s au12 thority under this section.’’.

13 (B) The table of sections at the beginning of such sub14 chapter is amended by adding at the end the following new

15 item:

‘‘647. Force shaping authority.’’.

16 (2) Section 1174(e)(2)(B) of such title is amended by

17 inserting after ‘‘obligated service’’ the following: ‘‘, unless

18 the member is an officer discharged or released under the

19 authority of section 647 of this title’’.

20 (3) Section 12201(a) of such title is amended—

21 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’;

22 (B) in the first sentence, by inserting ‘‘, except

23 as provided in paragraph (2),’’ after ‘‘the armed force

24 concerned and’’; and
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1 (C) by adding at the end the following new para2 graph:

3 ‘‘(2) An officer transferred from the active-duty list of

4 an armed force to a reserve active-status list of an armed

5 force under section 647 of this title is not required to sub6 scribe to the oath referred to in paragraph (1) in order to

7 qualify for an appointment under that paragraph.’’.

8 (4) Section 12203 of such title is amended—

9 (A) by redesignating subsection (b) as subsection

10 (c); and

11 (B) by inserting after subsection (a) the fol12 lowing new subsection (b):

13 ‘‘(b) Subject to the authority, direction, and control of

14 the President, the Secretary concerned may appoint as a

15 reserve commissioned officer any regular officer transferred

16 from the active-duty list of an armed force to the reserve

17 active-status list of a reserve component under section 647

18 of this title, notwithstanding the requirements of subsection

19 (a).’’.

20 (5) Section 531 of such title is amended by adding at

21 the end the following new subsection:

22 ‘‘(c) Subject to the authority, direction, and control of

23 the President, an original appointment as a commissioned

24 officer in the Regular Army, Regular Air Force, Regular

25 Navy, or Regular Marine Corps may be made by the Sec-
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1 retary concerned in the case of a reserve commissioned offi2 cer upon the transfer of such officer from the reserve active3 status list of a reserve component of the armed forces to

4 the active-duty list of an armed force, notwithstanding the

5 requirements of subsection (a).’’.

6 (d) ACTIVE-DUTY READY RESERVE OFFICERS NOT ON

7 ACTIVE-DUTY LIST.—Section 641(1)(F) of such title is

8 amended by striking ‘‘section 12304’’ and inserting ‘‘sec9 tions 12302 and 12304’’.

10 (e) ALL REGULAR OFFICER APPOINTMENTS FOR STU11 DENTS ATTENDING THE UNIVERSITY OF HEALTH

12 SCIENCES.—Section 2114(b) of such title is amended by

13 striking ‘‘Notwithstanding any other provision of law, they

14 shall serve’’ and all that follows through ‘‘if qualified,’’ and

15 inserting ‘‘Notwithstanding any other provision of law,

16 they shall be appointed as regular officers in the grade of

17 O–1 and shall serve on active duty in that grade. Upon

18 graduation they shall be required to serve on active duty’’.

19 (f) EFFECTIVE DATE.—This section and the amend20 ments made by this section shall take effect 180 days after

21 the date of the enactment of this Act.
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1 SEC. 512. ELIGIBILITY OF NAVY STAFF CORPS OFFICERS TO

2 SERVE AS DEPUTY CHIEFS OF NAVAL OPER3 ATIONS AND ASSISTANT CHIEFS OF NAVAL

4 OPERATIONS.

5 (a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Section

6 5036(a) of title 10, United States Code, is amended by strik7 ing ‘‘in the line’’.

8 (b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—Sec9 tion 5037(a) of such title is amended by striking ‘‘in the

10 line’’.

11 SEC. 513. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE

12 JOINT DUTY EXPERIENCE AS ELIGIBILITY RE13 QUIREMENT FOR APPOINTMENT OF CHIEFS

14 OF RESERVE COMPONENTS.

15 Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), and

16 8038(b)(4) of title 10, United States Code, are amended by

17 striking ‘‘December 31, 2004’’ and inserting ‘‘December 31,

18 2005’’.

19 SEC. 514. LIMITATION ON NUMBER OF OFFICERS FROCKED

20 TO MAJOR GENERAL AND REAR ADMIRAL

21 (UPPER HALF).

22 Section 777(d) of title 10, United States Code, is

23 amended—

24 (1) by redesignating paragraphs (1) and (2) as

25 paragraphs (2) and (3), respectively; and
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1 (2) by striking ‘‘(d) LIMITATION ON NUMBER OF

2 OFFICERS FROCKED TO SPECIFIED GRADES.—’’ and

3 inserting the following:

4 ‘‘(d) LIMITATION ON NUMBER OF OFFICERS FROCKED

5 TO SPECIFIED GRADES.—(1) The total number of brigadier

6 generals and Navy rear admirals (lower half) on the active7 duty list who are authorized as described in subsection (a)

8 to wear the insignia for the grade of major general or rear

9 admiral (upper half), as the case may be, may not exceed

10 30.’’.

11 SEC. 515. STUDY REGARDING PROMOTION ELIGIBILITY OF

12 RETIRED WARRANT OFFICERS RECALLED TO

13 ACTIVE DUTY.

14 (a) REQUIREMENT FOR STUDY.—The Secretary of De15 fense shall carry out a study to determine whether it would

16 be equitable for retired warrant officers on active duty, but

17 not on the active-duty list by reason of section 582(2) of

18 title 10, United States Code, to be eligible for consideration

19 for promotion under section 573 of such title.

20 (b) REPORT.—Not later than 180 days after the date

21 of the enactment of this Act, the Secretary of Defense shall

22 submit to Congress a report on the results of the study under

23 subsection (a). The report shall include a discussion of the

24 Secretary’s determination regarding the issue covered by the

25 study, the rationale for the Secretary’s determination, and
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1 any recommended legislation that the Secretary considers

2 appropriate regarding that issue.

3 Subtitle C—Reserve Component

4 Personnel Policy

5 SEC. 521. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR

6 TRAINING FROM AUTHORITY TO ORDER RE7 SERVES TO ACTIVE DUTY.

8 (a) GENERAL AUTHORITY TO ORDER RESERVES TO

9 ACTIVE DUTY.—Section 12301 of title 10, United States

10 Code, is amended—

11 (1) in the first sentence of subsection (a), by

12 striking ‘‘(other than for training)’’;

13 (2) in subsection (c)—

14 (A) by striking ‘‘(other than for training)’’

15 and inserting ‘‘as described in subsection (a)’’ in

16 the first sentence; and

17 (B) by striking ‘‘(other than for training)’’

18 in the second sentence; and

19 (3) in subsection (e), by striking ‘‘(other than for

20 training)’’ and inserting ‘‘as described in subsection

21 (a)’’.

22 (b) READY RESERVE 24-MONTH CALLUP AUTHOR23 ITY.—Section 12302 of such title is amended by striking

24 ‘‘(other than for training)’’ in subsections (a) and (c).
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1 (c) SELECTED RESERVE AND INDIVIDUAL READY RE2 SERVE 270-DAY CALLUP AUTHORITY.—Section 12304(a) of

3 such title is amended by striking ‘‘(other than for train4 ing)’’.

5 (d) STANDBY RESERVE CALLUP AUTHORITY.—Section

6 12306 of such title is amended—

7 (1) in subsection (a), by striking ‘‘active duty

8 (other than for training) only as provided in section

9 12301 of this title’’ and inserting ‘‘active duty only

10 as provided in section 12301 of this title, but subject

11 to the limitations in subsection (b)’’; and

12 (2) in subsection (b)—

13 (A) in paragraph (1), by striking ‘‘(other

14 than for training)’’ and inserting ‘‘under section

15 12301(a) of this title’’; and

16 (B) in paragraph (2), by striking ‘‘no other

17 member’’ and all that follows through ‘‘without

18 his consent’’ and inserting ‘‘notwithstanding sec19 tion 12301(a) of this title, no other member in

20 the Standby Reserve may be ordered to active

21 duty as an individual under such section with22 out his consent’’.
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1 SEC. 522. EXCEPTION TO MANDATORY RETENTION OF RE2 SERVES ON ACTIVE DUTY TO QUALIFY FOR

3 RETIREMENT PAY.

4 Section 12686(a) of title 10, United States Code, is

5 amended by inserting ‘‘(other than retired pay for non-reg6 ular service under chapter 1223 of this title)’’ after ‘‘a pure7 ly military retirement system’’.

8 Subtitle D—Education and

9 Training

10 SEC. 531. ONE-YEAR EXTENSION OF ARMY COLLEGE FIRST

11 PILOT PROGRAM.

12 Section 573(h) of the National Defense Authorization

13 Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C.

14 513 note), is amended by striking ‘‘September 30, 2004’’

15 and inserting ‘‘December 31, 2005’’.

16 SEC. 532. MILITARY RECRUITER EQUAL ACCESS TO CAM17 PUS.

18 Subsection (b)(1) of section 983 of title 10, United

19 States Code, is amended—

20 (1) by striking ‘‘entry to campuses’’ and insert21 ing ‘‘access to campuses’’; and

22 (2) by inserting before the semicolon at the end

23 the following: ‘‘in a manner that is at least equal in

24 quality and scope to the degree of access to campuses

25 and to students that is provided to any other em26 ployer’’.
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1 SEC. 533. EXCLUSION FROM DENIAL OF FUNDS FOR PRE2 VENTING ROTC ACCESS TO CAMPUS OF

3 AMOUNTS TO COVER INDIVIDUAL COSTS OF

4 ATTENDANCE AT INSTITUTIONS OF HIGHER

5 EDUCATION.

6 (a) CODIFICATION AND EXTENSION OF EXCLUSION.—

7 Subsection (d) of section 983 of title 10, United States Code,

8 is amended—

9 (1) by striking ‘‘The’’ after ‘‘(1)’’ and inserting

10 ‘‘Except as provided in paragraph (3), the’’; and

11 (2) by adding at the end the following new para12 graph:

13 ‘‘(3) Any Federal funding specified in paragraph (1)

14 that is provided to an institution of higher education, or

15 to an individual, to be available solely for student financial

16 assistance, related administrative costs, or costs associated

17 with attendance, may be used for the purpose for which the

18 funding is provided.’’.

19 (b) CONFORMING AMENDMENTS.—Subsections (a) and

20 (b) of such section are amended by striking ‘‘(including a

21 grant of funds to be available for student aid)’’.

22 (c) CONFORMING REPEAL OF CODIFIED PROVISION.—

23 Section 8120 of the Department of Defense Appropriations

24 Act, 2000 (Public Law 106–79; 10 U.S.C. 983 note), is re25 pealed.
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1 SEC. 534. TRANSFER OF AUTHORITY TO CONFER DEGREES

2 UPON GRADUATES OF THE COMMUNITY COL3 LEGE OF THE AIR FORCE.

4 (a) AUTHORITY OF AIR UNIVERSITY COMMANDER.—

5 Subsection (a) of section 9317 of title 10, United States

6 Code, is amended—

7 (1) by striking ‘‘and’’ at the end of paragraph

8 (2);

9 (2) by striking the period at the end of para10 graph (3) and inserting ‘‘; and’’; and

11 (3) by adding at the end the following new para12 graph:

13 ‘‘(4) an associate level degree upon graduates of

14 the Community College of the Air Force who fulfill

15 the requirements for that degree.’’.

16 (b) TERMINATION OF EXISTING AUTHORITY.—(1)

17 Paragraph (1) of section 9315(c) of such title is amended

18 by striking ‘‘the commander’’ and all that follows through

19 ‘‘at the level of associate’’ and inserting ‘‘an academic de20 gree at the level of associate may be conferred under section

21 9317 of this title’’.

22 (2) Paragraph (2) of such section is amended by strik23 ing ‘‘Air Education and Training Command of the Air

24 Force’’ and inserting ‘‘Air University’’.

25 (c) CONFORMING AND CLERICAL AMENDMENTS.—(1)

26 The heading of section 9317 of title 10, United States Code,
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1 is amended by striking ‘‘graduate-level degrees’’ and

2 inserting ‘‘conferral of degrees’’.

3 (2) The item relating to such section in the table of

4 sections at the beginning of chapter 901 of such title is

5 amended to read as follows:

‘‘9317. Air University: conferral of degrees.’’.

6 SEC. 535. REPEAL OF REQUIREMENT FOR OFFICER TO RE7 TIRE UPON TERMINATION OF SERVICE AS SU8 PERINTENDENT OF THE AIR FORCE ACAD9 EMY.

10 (a) REPEALS.—Sections 8921 and 9333a of title 10,

11 United States Code, are repealed.

12 (b) CLERICAL AMENDMENTS.—Subtitle D of title 10,

13 United States Code, is amended—

14 (1) in the table of sections at the beginning of

15 chapter 867, by striking the item relating to section

16 8921; and

17 (2) in the table of sections at the beginning of

18 chapter 903, by striking the item relating to section

19 9333a.
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1 Subtitle E—Decorations, Awards,

2 and Commendations

3 SEC. 541. AWARD OF MEDAL OF HONOR TO INDIVIDUAL IN4 TERRED IN THE TOMB OF THE UNKNOWNS AS

5 REPRESENTATIVE OF CASUALTIES OF A WAR.

6 (a) AWARD TO INDIVIDUAL AS REPRESENTATIVE.—

7 Chapter 57 of title 10, United States Code, is amended by

8 adding at the end the following new section:

9 ‘‘§ 1134. Medal of honor: award to individual interred

10 in Tomb of the Unknowns as representa11 tive of casualties of a war

12 ‘‘The medal of honor awarded posthumously to a de13 ceased member of the armed forces who, as an unidentified

14 casualty of a particular war or other armed conflict, is in15 terred in the Tomb of the Unknowns at Arlington National

16 Cemetery, Virginia, is awarded to the member as the rep17 resentative of the members of the armed forces who died in

18 such war or other armed conflict and whose remains have

19 not been identified, and not to the individual personally.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of such chapter is amended by adding at the

22 end the following new item:

‘‘1134. Medal of honor: award to individual interred in Tomb of the Unknowns

as representative of casualties of a war.’’.
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1 SEC. 542. SEPARATE CAMPAIGN MEDALS FOR OPERATION

2 ENDURING FREEDOM AND FOR OPERATION

3 IRAQI FREEDOM.

4 (a) REQUIREMENT.—The President shall establish a

5 campaign medal specifically to recognize service by mem6 bers of the uniformed services in Operation Enduring Free7 dom and a separate campaign medal specifically to recog8 nize service by members of the uniformed services in Oper9 ation Iraqi Freedom.

10 (b) ELIGIBILITY.—Subject to such limitations as may

11 be prescribed by the President, eligibility for a campaign

12 medal established pursuant to subsection (a) shall be set

13 forth in regulations to be prescribed by the Secretary con14 cerned (as defined in section 101 of title 10, United States

15 Code). In the case of regulations prescribed by the Secre16 taries of the military departments, the regulations shall be

17 subject to approval by the Secretary of Defense and shall

18 be uniform throughout the Department of Defense.

19 SEC. 543. PLAN FOR REVISED CRITERIA AND ELIGIBILITY

20 REQUIREMENTS FOR AWARD OF COMBAT IN21 FANTRYMAN BADGE AND COMBAT MEDICAL

22 BADGE FOR SERVICE IN KOREA AFTER JULY

23 28, 1953.

24 (a) REQUIREMENT FOR PLAN.—Not later than 90 days

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

26 of the Army shall submit to the Committees on Armed Serv-
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1 ices of the Senate and the House of Representatives a plan

2 for revising the Army’s criteria and eligibility requirements

3 for award of the Combat Infantryman Badge and the Com4 bat Medical Badge for service in the Republic of Korea after

5 July 28, 1953, to fulfill the purpose stated in subsection

6 (b).

7 (b) PURPOSE OF REVISED CRITERIA AND ELIGIBILITY

8 REQUIREMENTS.—The purpose for revising the criteria and

9 eligibility requirements for award of the Combat Infantry10 man Badge and the Combat Medical Badge for service in

11 the Republic of Korea after July 28, 1953, is to ensure fair12 ness in the standards applied to Army personnel in the

13 awarding of such badges for Army service in the Republic

14 of Korea in comparison to the standards applied to Army

15 personnel in the awarding of such badges for Army service

16 in other areas of operations.

17 Subtitle F—Military Justice

18 SEC. 551. REDUCED BLOOD ALCOHOL CONTENT LIMIT FOR

19 OFFENSE OF DRUNKEN OPERATION OF A VE20 HICLE, AIRCRAFT, OR VESSEL.

21 Section 911(b)(3) of title 10, United States Code (arti22 cle 111(b)(3) of the Uniform Code of Military Justice), is

23 amended by striking ‘‘0.10 grams’’ in both places it appears

24 and inserting ‘‘0.08 grams’’.
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1 SEC. 552. WAIVER OF RECOUPMENT OF TIME LOST FOR

2 CONFINEMENT IN CONNECTION WITH A

3 TRIAL.

4 Section 972 of title 10, United States Code, is amended

5 by adding at the end the following new subsection:

6 ‘‘(c) WAIVER OF RECOUPMENT OF TIME LOST FOR

7 CONFINEMENT.—The Secretary concerned shall waive li8 ability for a period of confinement in connection with a

9 trial under subsection (a)(3), or exclusion of a period of

10 confinement in connection with a trial under subsection

11 (b)(3), in a case upon the occurrence of any of the following

12 events:

13 ‘‘(1) For each charge—

14 ‘‘(A) the charge is dismissed before or dur15 ing trial in a final disposition of the charge; or

16 ‘‘(B) the trial results in an acquittal of the

17 charge.

18 ‘‘(2) For each charge resulting in a conviction in

19 such trial—

20 ‘‘(A) the conviction is set aside in a final

21 disposition of such charge, other than in a grant

22 of clemency; or

23 ‘‘(B) a judgment of acquittal or a dismissal

24 is entered upon a reversal of the conviction on

25 appeal.’’.
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1 SEC. 553. DEPARTMENT OF DEFENSE POLICY AND PROCE2 DURES ON PREVENTION AND RESPONSE TO

3 SEXUAL ASSAULTS INVOLVING MEMBERS OF

4 THE ARMED FORCES.

5 (a) COMPREHENSIVE POLICY ON PREVENTION AND RE6 SPONSE TO SEXUAL ASSAULTS.—(1) Not later than Janu7 ary 1, 2005, the Secretary of Defense shall develop a com8 prehensive policy for the Department of Defense on the pre9 vention of and response to sexual assaults involving mem10 bers of the Armed Forces.

11 (2) The policy shall be based on the recommendations

12 of the Department of Defense Task Force on Care for Vic13 tims of Sexual Assaults and on such other matters as the

14 Secretary considers appropriate.

15 (b) ELEMENTS OF COMPREHENSIVE POLICY.—The pol16 icy developed under subsection (a) shall address the fol17 lowing matters:

18 (1) Prevention measures.

19 (2) Education and training on prevention and

20 response.

21 (3) Investigation of complaints by command and

22 law enforcement personnel.

23 (4) Medical treatment of victims.

24 (5) Confidential reporting of incidents.

25 (6) Victim advocacy and intervention.
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1 (7) Oversight by commanders of administrative

2 and disciplinary actions in response to substantiated

3 incidents of sexual assault.

4 (8) Disposition of victims of sexual assault, in5 cluding review by appropriate authority of adminis6 trative separation actions involving victims of sexual

7 assault.

8 (9) Disposition of members of the Armed Forces

9 accused of sexual assault.

10 (10) Liaison and collaboration with civilian

11 agencies on the provision of services to victims of sex12 ual assault.

13 (11) Uniform collection of data on the incidence

14 of sexual assaults and on disciplinary actions taken

15 in substantiated cases of sexual assault.

16 (c) REPORT ON IMPROVEMENT OF CAPABILITY TO RE17 SPOND TO SEXUAL ASSAULTS.—Not later than March 1,

18 2005, the Secretary of Defense shall submit to Congress a

19 proposal for such legislation as the Secretary considers nec20 essary to enhance the capability of the Department of De21 fense to address matters relating to sexual assaults involv22 ing members of the Armed Forces.

23 (d) APPLICATION OF COMPREHENSIVE POLICY TO

24 MILITARY DEPARTMENTS.—The Secretary shall ensure

25 that, to the maximum extent practicable, the policy devel-
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1 oped under subsection (a) is implemented uniformly by the

2 military departments.

3 (e) POLICIES AND PROCEDURES OF MILITARY DE4 PARTMENTS.—(1) Not later than March 1, 2005, the Secre5 taries of the military departments shall prescribe regula6 tions, or modify current regulations, on the policies and

7 procedures of the military departments on the prevention

8 of and response to sexual assaults involving members of the

9 Armed Forces in order—

10 (A) to conform such policies and procedures to

11 the policy developed under subsection (a); and

12 (B) to ensure that such policies and procedures

13 include the elements specified in paragraph (2).

14 (2) The elements specified in this paragraph are as

15 follows:

16 (A) A program to promote awareness of the inci17 dence of sexual assaults involving members of the

18 Armed Forces.

19 (B) A program to provide victim advocacy and

20 intervention for members of the Armed Force con21 cerned who are victims of sexual assault, which pro22 gram shall make available, at home stations and in

23 deployed locations, trained advocates who are readily

24 available to intervene on behalf of such victims.
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1 (C) Procedures for members of the Armed Force

2 concerned to follow in the case of an incident of sex3 ual assault involving a member of such Armed Force,

4 including—

5 (i) specification of the person or persons to

6 whom the alleged offense should be reported;

7 (ii) specification of any other person whom

8 the victim should contact;

9 (iii) procedures for the preservation of evi10 dence; and

11 (iv) procedures for confidential reporting

12 and for contacting victim advocates.

13 (D) Procedures for disciplinary action in cases

14 of sexual assault by members of the Armed Force con15 cerned.

16 (E) Other sanctions authorized to be imposed in

17 substantiated cases of sexual assault, whether forcible

18 or nonforcible, by members of the Armed Force con19 cerned.

20 (F) Training on the policies and procedures for

21 all members of the Armed Force concerned, including

22 specific training for members of the Armed Force con23 cerned who process allegations of sexual assault

24 against members of such Armed Force.
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1 (G) Any other matters that the Secretary of De2 fense considers appropriate.

3 (f) ANNUAL ASSESSMENT OF POLICIES AND PROCE4 DURES.—Not later than January 15, 2006, and each year

5 thereafter, each Secretary of a military department shall

6 conduct an assessment of the implementation during the

7 preceding fiscal year of the policies and procedures of such

8 department on the prevention of and response to sexual as9 saults involving members of the Armed Forces in order to

10 determine the effectiveness of such policies and procedures

11 during such fiscal year in providing an appropriate re12 sponse to such sexual assaults.

13 (g) ANNUAL REPORTS.—(1) Not later than April 1,

14 2005, and January 15 of each year thereafter, each Sec15 retary of a military department shall submit to the Sec16 retary of Defense a report on the sexual assaults involving

17 members of the Armed Force concerned during the preceding

18 year.

19 (2) Each report on an Armed Force under paragraph

20 (1) shall contain the following:

21 (A) The number of sexual assaults against mem22 bers of the Armed Force, and the number of sexual as23 saults by members of the Armed Force, that were re24 ported to military officials during the year covered by
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1 such report, and the number of the cases so reported

2 cases that were substantiated.

3 (B) A synopsis of and the disciplinary action

4 taken in each substantiated case.

5 (C) The policies, procedures, and processes im6 plemented by the Secretary concerned during the year

7 covered by such report in response to incidents of sex8 ual assault involving members of the Armed Force

9 concerned.

10 (D) A plan for the actions that are to be taken

11 in the year following the year covered by such report

12 on the prevention of and response to sexual assault

13 involving members of the Armed Forces concerned.

14 (3) Each report under paragraph (1) in 2006, 2007,

15 and 2008 shall also include the assessment conducted by the

16 Secretary concerned under subsection (f).

17 (4) The Secretary of Defense shall transmit to the Com18 mittees on Armed Services of the Senate and the House of

19 Representatives each report submitted to the Secretary

20 under this subsection, together with the comments of the

21 Secretary on each such report. The Secretary shall transmit

22 the report on 2004 not later than May 1, 2005, and shall

23 transmit the report on any year after 2004 not later than

24 March 15 of the year following such year.
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1 (h) SEXUAL ASSAULT DEFINED.—In this section, the

2 term ‘‘sexual assault’’ includes rape, acquaintance rape,

3 sexual assault, and other criminal sexual offenses.

4 Subtitle G—Scope of Duties of

5 Ready Reserve Personnel in In6 active Duty Status

7 SEC. 561. REDESIGNATION OF INACTIVE-DUTY TRAINING TO

8 ENCOMPASS OPERATIONAL AND OTHER DU9 TIES PERFORMED BY RESERVES WHILE IN IN10 ACTIVE DUTY STATUS.

11 (a) REDESIGNATION OF DUTY STATUS.—(1) The duty

12 status applicable to members of the reserve components of

13 the Armed Forces that is known as ‘‘inactive-duty training’’

14 is redesignated as ‘‘inactive duty’’.

15 (2) Any reference that is made in any law, regulation,

16 document, paper, or other record of the United States to

17 inactive-duty training, as such term applies to members of

18 the reserve components of the Armed Forces, shall be deemed

19 to be a reference to inactive duty.

20 (b) TITLE 10 CONFORMING AND CLERICAL AMEND21 MENTS.—(1) The following provisions of title 10, United

22 States Code, are amended by striking ‘‘inactive-duty train23 ing’’ each place it appears and inserting ‘‘inactive duty’’:

24 sections 101(d)(7), 802(a)(3), 802(d)(2)(B), 802(d)(5)(B),

25 803(d), 936(a), 936(b), 976(a)(1)(C), 1061(b), 1074a(a),
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1 1076(a)(2)(B), 1076(a)(2)(C), 1204(2), 1448(f)(1)(B),

2 1476(a)(1)(B), 1476(a)(2)(A), 1481(a)(2), 9446(a)(3),

3 12602(a)(3), 12602(b)(3), and 18505(a).

4 (2) The following provisions of such title are amended

5 by striking ‘‘inactive duty training’’ each place it appears

6 and inserting ‘‘inactive duty’’: sections 1086(c)(2)(B),

7 1175(e)(2), 1475(a)(2), 1475(a)(3), 2031(d)(2), and

8 10204(b).

9 (3) Section 1206(2) of such title is amended by striking

10 ‘‘in line of duty—’’ and all that follows through ‘‘residence;

11 or’’ and inserting the following: ‘‘in line of duty while—

12 ‘‘(A) performing active duty or inactive

13 duty;

14 ‘‘(B) traveling directly to or from the place

15 at which such duty is performed; or

16 ‘‘(C) remaining overnight immediately be17 fore the commencement of inactive duty, or while

18 remaining overnight between successive periods

19 of inactive-duty training, at or in the vicinity of

20 the site of the inactive duty, if the site is outside

21 reasonable commuting distance of the member’s

22 residence;’’.

23 (4) Section 1471(b)(3)(A) of such title is amended by

24 striking ‘‘for training’’ in clauses (ii) and (iii).

25 (5) Section 1478(a) of such title is amended—
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1 (A) in paragraph (3)—

2 (i) by striking ‘‘from inactive duty train3 ing’’ and inserting ‘‘from the location of inactive

4 duty’’; and

5 (ii) by striking ‘‘on inactive duty training’’

6 and inserting ‘‘on inactive duty’’;

7 (B) in paragraph (7)—

8 (i) by striking ‘‘inactive duty training’’ and

9 inserting ‘‘inactive duty’’; and

10 (ii) by striking ‘‘or training’’; and

11 (C) in paragraph (8), by striking ‘‘inactive duty

12 training’’ both places it appears and inserting ‘‘inac13 tive duty’’.

14 (6) Section 12317 of such title is amended by striking

15 ‘‘, or to participate in inactive duty training,’’ and insert16 ing ‘‘inactive duty’’.

17 (7) Section 12319(c) of such title is amended—

18 (A) by striking ‘‘inactive-duty training’’ both

19 places it appears and inserting ‘‘inactive duty’’; and

20 (B) by striking ‘‘that training)’’ and inserting

21 ‘‘that duty)’’.

22 (8) Section 12603(a) of such title is amended—

23 (A) by striking ‘‘inactive duty training’’ and in24 serting ‘‘inactive duty’’; and
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1 (B) by striking ‘‘the training’’ and inserting

2 ‘‘such duty’’.

3 (9) Section 12604(a) of such title is amended by strik4 ing ‘‘to inactive-duty training’’ and inserting ‘‘to perform

5 inactive duty’’.

6 (10)(A) The headings for sections 1204, 1206, 12603,

7 and 18505 of such title are amended by striking ‘‘inac8 tive-duty training’’ and inserting ‘‘inactive duty’’.

9 (B) The heading for section 1475 of such title is

10 amended by striking ‘‘training’’.

11 (C) The heading for section 1476 of such title is

12 amended by striking ‘‘or training’’.

13 (D) The heading for section 12604 of such title is

14 amended by striking ‘‘attending inactive-duty

15 training’’ and inserting ‘‘performing inactive

16 duty’’.

17 (11)(A) The table of sections at the beginning of chap18 ter 61 of such title is amended—

19 (i) by striking the item relating to section 1204

20 and inserting the following:

‘‘1204. Members on active duty for 30 days or less or on inactive duty: retirement.’’;

21 and

22 (ii) by striking the item relating to section 1206

23 and inserting the following:

‘‘1206. Members on active duty for 30 days or less or on inactive duty: separation.’’.
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1 (B) The table of sections at the beginning of subchapter

2 II of chapter 75 of such title is amended by striking the

3 items relating to sections 1475 and 1476 and inserting the

4 following:

‘‘1475. Death gratuity: death of members on active duty or inactive duty and of

certain other persons.

‘‘1476. Death gratuity: death after discharge or release from duty.’’.

5 (C) The table of sections at the beginning of chapter

6 1217 of such title is amended by striking the items relating

7 to sections 12603 and 12604 and inserting the following:

‘‘12603. Attendance of inactive duty assemblies: commercial travel at Federal supply schedule rates.

‘‘12604. Billeting in Department of Defense facilities: Reserves performing inactive duty.’’.

8 (D) The item relating to section 18505 in the table

9 of sections at the beginning of chapter 1805 of such title

10 is amended to read as follows:

‘‘18505. Reserves traveling for inactive duty: space-required travel on military

aircraft.’’.

11 (c) TITLE 14 CONFORMING AMENDMENT.—Sections

12 704 and 705(a) of title 14, United States Code, are amended

13 by striking ‘‘inactive-duty training’’ and inserting ‘‘inac14 tive duty’’.

15 (d) TITLE 37 CONFORMING AND CLERICAL AMEND16 MENTS.—(1) Sections 101(22), 205(e)(2)(A), and 433(d) of

17 title 37, United States Code, are amended by striking ‘‘in18 active-duty training’’ each place it appears and inserting

19 ‘‘inactive duty’’.

20 (2) Section 204 of such title is amended—
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1 (A) in subsection (g)(1)—

2 (i) in subparagraphs (B) and (D), by strik3 ing ‘‘inactive-duty training’’ each place it ap4 pears and inserting ‘‘inactive duty’’ and

5 (ii) in subparagraph (C), by striking ‘‘or

6 training’’; and

7 (B) in subsection (h)(1)—

8 (i) in subparagraphs (B) and (D), by strik9 ing ‘‘inactive-duty training’’ each place it ap10 pears and inserting ‘‘inactive duty’’; and

11 (ii) in subparagraph (C), by striking ‘‘or

12 training’’; and

13 (3) Section 206 of such title is amended—

14 (A) in subsection (a)(3)—

15 (i) by striking clause (ii) of subparagraph

16 (A) and inserting the following:

17 ‘‘(ii) inactive duty;’’;

18 (ii) in subparagraph (B), by striking ‘‘or

19 training’’; and

20 (iii) in subparagraph (C), by striking ‘‘in21 active-duty training’’ each place it appears and

22 inserting ‘‘inactive duty’’; and

23 (B) in subsection (b)(1), by inserting ‘‘or duty’’

24 after ‘‘kind of training’’.
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1 (4) Section 308d(a) of such title is amended by strik2 ing ‘‘for training’’.

3 (5) Section 415 of such title is amended—

4 (A) in subsection (a)(3), by striking ‘‘inactive5 duty training’’ and inserting ‘‘inactive duty’’; and

6 (B) in subsection (c)(1), by striking ‘‘on inactive

7 duty training status’’ and inserting ‘‘inactive duty’’.

8 (6) Section 552 of such title is amended—

9 (A) in subsection (a)—

10 (i) by striking ‘‘performing inactive-duty

11 training,’’ in the matter preceding paragraph

12 (1), and inserting ‘‘inactive duty,’’; and

13 (ii) by striking ‘‘or inactive-duty training’’

14 in the second sentence and inserting ‘‘or inactive

15 duty’’; and

16 (B) in subsection (d), by striking ‘‘inactive-duty

17 training’’ and inserting ‘‘on inactive duty’’.

18 (7)(A) The heading for section 206 of such title is

19 amended by striking ‘‘inactive-duty training’’ and

20 inserting ‘‘inactive duty’’.

21 (B) The item relating to such section in the table of

22 sections at the beginning of chapter 3 of such title is amend23 ed to read as follows:

‘‘206. Reserves; members of National Guard: inactive duty.’’.
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1 (8) The heading for subsection (c) of section 305b of

2 such title is amended by striking ‘‘DUTY

3 TRAINING.—’’ and inserting ‘‘DUTY.—’’.

4 (9) The heading for subsection (e) of section 320 of such

5 title is amended by striking ‘‘DUTY

6 TRAINING.—’’ and inserting ‘‘DUTY.—’’.

7 (e) PUBLIC LAW 108–136.—Section 644(c) of the Na8 tional Defense Authorization Act for Fiscal Year 2004 (Pub9 lic Law 108–136; 117 Stat. 1518) is amended by striking

10 ‘‘inactive-duty training’’ and inserting ‘‘inactive duty’’.

11 SEC. 562. REPEAL OF UNNECESSARY DUTY STATUS DIS12 TINCTION FOR FUNERAL HONORS DUTY.

13 (a) TITLE 10 DUTY.—(1) Section 12503 of title 10,

14 United States Code, is repealed.

15 (2) Section 12552 of such title is repealed.

16 (b) TITLE 32 DUTY.—(1) Section 115 of title 32,

17 United States Code, is repealed.

18 (2) Section 114 of such title is amended by striking

19 the second sentence.

20 (c) TITLE 10 CONFORMING AND CLERICAL AMEND21 MENTS.—Title 10, United States Code, is amended as fol22 lows:

23 (1) Section 1074a(a) is amended—

24 (A) in paragraph (1)—
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1 (i) by inserting ‘‘or’’ at the end of sub2 paragraph (A);

3 (ii) by striking ‘‘; or’’ at the end of

4 subparagraph (B) and inserting a period;

5 and

6 (iii) by striking subparagraph (C);

7 (B) in paragraph (2)—

8 (i) by inserting ‘‘or’’ at the end of sub9 paragraph (A);

10 (ii) by striking ‘‘; or’’ at the end of

11 subparagraph (B) and inserting a period;

12 and

13 (iii) by striking subparagraph (C);

14 and

15 (C) by striking paragraph (4).

16 (2) Section 1076(a)(2) is amended by striking

17 subparagraph (E).

18 (3) Section 1204(2) is amended—

19 (A) by inserting ‘‘or’’ at the end of subpara20 graph (A)(iii);

21 (B) by striking ‘‘or’’ at the end of subpara22 graph (B)(iii) and inserting a period; and

23 (C) by striking subparagraph (C).
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1 (4) Section 1206(2) is amended by striking ‘‘(B)

2 while the member—’’ and all that follows through

3 ‘‘immediately before so serving;’’.

4 (5) Section 1481(a)(2) is amended—

5 (A) by inserting ‘‘or’’ at the end of subpara6 graph (D);

7 (B) by striking ‘‘; or’’ at the end of sub8 paragraph (E) and inserting a period; and

9 (C) by striking subparagraph (F).

10 (6) Section 12732(a)(2)(E) is amended by insert11 ing ‘‘(as such section 12503 or 115, respectively, was

12 in effect before the date of the enactment of the Na13 tional Defense Authorization Act for Fiscal Year

14 2005)’’ after ‘‘section 115 of title 32’’.

15 (7)(A) The table of sections at the beginning of

16 chapter 1213 is amended by striking the item relating

17 to section 12503.

18 (B) The table of sections at the beginning of

19 chapter 1215 is amended by striking the item relating

20 to 12552.

21 (c) TITLE 32 CLERICAL AMENDMENT.—The table of

22 sections at the beginning of chapter 1 of title 32, United

23 States Code, is amended by striking the item relating to

24 section 115.
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1 (d) TITLE 37 CONFORMING AMENDMENTS.—Section

2 204 of title 37, United States Code, is amended—

3 (1) in subsection (g)(1)—

4 (A) by inserting ‘‘or’’ at the end of subpara5 graph (C);

6 (B) by striking ‘‘; or’’ at the end of sub7 paragraph (D) and inserting a period; and

8 (C) by striking subparagraph (E); and

9 (2) in subsection (h)(1)—

10 (A) by inserting ‘‘or’’ at the end of subpara11 graph (C);

12 (B) by striking ‘‘; or’’ at the end of sub13 paragraph (D) and inserting a period; and

14 (C) by striking subparagraph (E).

15 SEC. 563. CONFORMING AMENDMENTS TO OTHER LAWS RE16 FERRING TO INACTIVE-DUTY TRAINING.

17 (a) TITLE 5.—Section 6323(a)(1) of title 5, United

18 States Code, is amended by striking ‘‘inactive-duty train19 ing’’ and inserting ‘‘inactive duty’’.

20 (b) TITLE 38.—(1) The following provisions of title 38,

21 United States Code, are amended by striking ‘‘inactive duty

22 training’’ each place it appears and inserting ‘‘inactive

23 duty’’: sections 106(d)(1), 1112(c)(3)(A)(ii), 1302(b)(2),

24 1312(a)(2)(A), 1965(3), 1965(4), 1965(5), 1967(a)(1)(B),
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1 1967(b), 1969(a)(3), 1977(e), 2402(2), 4303(13), and

2 4303(16).

3 (2) Section 1968 of such title is amended—

4 (A) by striking ‘‘inactive duty training’’ and in5 serting ‘‘inactive duty’’—

6 (i) in subsection (a), in the matter pre7 ceding paragraph (1);

8 (ii) in subsection (a)(3); and

9 (iii) in subsection (b)(2); and

10 (B) in subsection (a)(3)—

11 (i) by striking ‘‘such scheduled training pe12 riod’’ and inserting ‘‘such period of scheduled

13 duty’’;

14 (ii) by striking ‘‘the date of such training’’

15 and inserting ‘‘the date on which such duty pe16 riod ends’’; and

17 (iii) by striking ‘‘such training terminated’’

18 and inserting ‘‘on which such duty period ends’’.

19 SEC. 564. CONFORMING AMENDMENTS TO OTHER LAWS RE20 FERRING TO FUNERAL HONORS DUTY.

21 (a) TITLE 5.—Section 6323(a)(1) of title 5, United

22 States Code, is amended by striking ‘‘funeral honors duty

23 (as described in section 12503 of title 10 and section 115

24 of title 32),’’.
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1 (b) TITLE 38.—Section 4303(13) of title 38, United

2 States Code, is amended—

3 (1) by inserting ‘‘and’’ after ‘‘full-time National

4 Guard duty,’’; and

5 (2) by striking ‘‘, and a period for which a per6 son is absent from employment for the purpose of per7 forming funeral honors duty as authorized by section

8 12503 of title 10 or section 115 of title 32.’’.

9 Subtitle H—Other Matters

10 SEC. 571. ACCESSION OF PERSONS WITH SPECIALIZED

11 SKILLS.

12 (a) INITIAL SERVICE OBLIGATION.—Subsection (a) of

13 section 651 of title 10, United States Code, is amended—

14 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

15 (2) by striking ‘‘deferred under the next to the

16 last sentence of section 6(d)(1) of the Military Selec17 tive Service Act (50 U.S.C. App. 456(d)(1))’’ and in18 serting ‘‘described in paragraph (3)’’; and

19 (3) by adding at the end the following new para20 graphs:

21 ‘‘(2) The Secretary concerned may—

22 ‘‘(A) waive the applicability of paragraph (1) to

23 a person who, as determined by the Secretary con24 cerned, is accessed into an armed force under the ju25 risdiction of that Secretary based on unique skills ac-
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1 quired in a civilian occupation and is to serve in that

2 armed force in a specialty requiring those skills; and

3 ‘‘(B) require any alternative period of obligated

4 service that the Secretary considers appropriate to

5 meet the needs of the armed force that such person is

6 entering.

7 ‘‘(3) The requirement under paragraph (1) does not

8 apply to a person who is deferred under the next to the

9 last sentence of section 6(d)(1) of the Military Selective

10 Service Act (50 U.S.C. App. 456(d)(1)).

11 (b) BASIC TRAINING PERIOD.—Subsection (c) of sec12 tion 671 of such title is amended—

13 (1) by redesignating paragraph (2) as para14 graph (3); and

15 (2) by striking ‘‘(c)(1)’’ and all that follows

16 through ‘‘Any such period’’ in the second sentence of

17 paragraph (1) and inserting the following:

18 ‘‘(c)(1) A period of basic training (or equivalent train19 ing) shorter than 12 weeks may be established by the Sec20 retary concerned for members of the armed forces who, as

21 determined by the Secretary under regulations prescribed

22 under paragraph (3)—

23 ‘‘(A) have been credentialed in a medical profes24 sion or occupation and are serving in a health-care

25 occupational specialty; or
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1 ‘‘(B) have unique skills acquired in a civilian

2 occupation and are to serve in a military specialty

3 or position requiring those skills.

4 ‘‘(2) Any period of basic training under paragraph

5 (1)’’.

6 SEC. 572. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE

7 MILITARY VOTERS LOCATED IN THE UNITED

8 STATES.

9 (a) DUTIES OF PRESIDENTIAL DESIGNEE.—Section

10 101(b)(3) of the Uniformed and Overseas Citizens Absentee

11 Voting Act (42 U.S.C. 1973ff(b)(3)) is amended by striking

12 ‘‘overseas voters’’ and inserting ‘‘absent uniformed services

13 voters and overseas voters’’.

14 (b) FEDERAL WRITE-IN ABSENTEE BALLOT.—Section

15 103 of such Act (42 U.S.C. 1973ff–2) is amended—

16 (1) in subsection (a), by striking ‘‘overseas vot17 ers’’ and inserting ‘‘absent uniformed services voters

18 and overseas voters’’;

19 (2) in subsection (b), by striking the second sen20 tence and inserting the following new sentence: ‘‘A

21 Federal write-in absentee ballot of an absent uni22 formed services voter or overseas voter shall not be

23 counted—

24 ‘‘(1) if the application of the absent uniformed

25 services voter or overseas voter for a State absentee
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1 ballot is received by the appropriate State election of2 ficial after the later of—

3 ‘‘(A) the deadline of the State for receipt of

4 such application; or

5 ‘‘(B) the date that is 30 days before the gen6 eral election; or

7 ‘‘(2) if a State absentee ballot of the absent uni8 formed services voter or overseas voter is received by

9 the appropriate State election official not later than

10 the deadline for receipt of the State absentee ballot

11 under State law.’’;

12 (3) in subsection (c)(1), by striking ‘‘overseas

13 voter’’ and inserting ‘‘absent uniformed services voter

14 or overseas voter’’;

15 (4) in subsection (d), by striking ‘‘overseas voter’’

16 both places it appears and inserting ‘‘absent uni17 formed services voter or overseas voter’’; and

18 (5) in subsection (e)(2), by striking ‘‘overseas

19 voters’’ and inserting ‘‘absent uniformed services vot20 ers and overseas voters’’.

21 (c) CONFORMING AMENDMENTS.—(1) The heading of

22 section 103 of such Act is amended to read as follows:
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1 ‘‘SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GEN2 ERAL ELECTIONS FOR FEDERAL OFFICE FOR

3 ABSENT UNIFORMED SERVICES VOTERS AND

4 OVERSEAS VOTERS.’’.

5 (2) The subsection caption for subsection (d) of such

6 section is amended by striking ‘‘OVERSEAS VOTER’’ and in7 serting ‘‘ABSENT UNIFORMED SERVICES VOTER OR OVER8 SEAS VOTER’’.

9 SEC. 573. RENAMING OF NATIONAL GUARD CHALLENGE

10 PROGRAM AND INCREASE IN MAXIMUM FED11 ERAL SHARE OF COST OF STATE PROGRAMS

12 UNDER THE PROGRAM.

13 (a) RENAMING.—The text of section 509 of title 32,

14 United States Code, is amended by striking ‘‘National

15 Guard Challenge Program’’ each place it appears and in16 serting ‘‘National Guard Youth Challenge Program’’.

17 (b) INCREASE IN MAXIMUM FEDERAL SHARE OF COST

18 OF STATE PROGRAMS.—Subsection (d) of such section is

19 amended by striking paragraphs (1), (2), (3), and (4), and

20 inserting the following new paragraphs:

21 ‘‘(1) for fiscal year 2004, 60 percent of the costs

22 of operating the State program during that year;

23 ‘‘(2) for fiscal year 2005, 65 percent of the costs

24 of operating the State program during that year;

25 ‘‘(3) for fiscal year 2006, 70 percent of the costs

26 of operating the State program during that year; and
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1 ‘‘(4) for fiscal year 2007 and each subsequent fis2 cal year, 75 percent of the costs of operating the State

3 program during such year.’’.

4 (c) CONFORMING AND CLERICAL AMENDMENTS.—(1)

5 The heading of such section is amended to read as follows:

6 ‘‘§ 509. National Guard Youth Challenge Program of

7 opportunities for civilian youth’’.

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

9 5 of such title is amended by striking the item relating to

10 section 509 and inserting the following new item:

‘‘509. National Guard Youth Challenge Program of opportunities for civilian

youth.’’.

11 SEC. 574. APPEARANCE OF VETERANS SERVICE ORGANIZA12 TIONS AT PRESEPARATION COUNSELING

13 PROVIDED BY THE DEPARTMENT OF DE14 FENSE.

15 (a) APPEARANCE TO COUNSELING FOR DISCHARGE OR

16 RELEASE FROM ACTIVE DUTY.—Section 1142 of title 10,

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

18 following new subsection:

19 ‘‘(d) APPEARANCE BY VETERANS SERVICE ORGANIZA20 TIONS.—(1) The Secretary concerned may permit a rep21 resentative of a veterans service organization to appear at

22 and participate in any preseparation counseling provided

23 to a member of the armed forces under this section.
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1 ‘‘(2) For purposes of this subsection, a veterans service

2 organization is any organization recognized by the Sec3 retary of Veterans Affairs for the representation of veterans

4 under section 5902 of title 38.’’.

5 (b) MEETING WITH RESERVES RELEASED FROM AC6 TIVE DUTY FOR FURTHER SERVICE IN THE RESERVES.—

7 (1) A unit of a reserve component on active duty in the

8 Armed Forces may, upon release from active duty in the

9 Armed Forces for further service in the reserve components,

10 meet with a veterans service organization for information

11 and assistance relating to such release if the commander

12 of the unit authorizes the meeting.

13 (2) The time of a meeting for a unit under paragraph

14 (1) may be scheduled by the commander of the unit for such

15 time after the release of the unit as described in that para16 graph as the commander of the unit determines appropriate

17 to maximize the benefit of the meeting to the members of

18 the unit.

19 (3) For purposes of this subsection, a veterans service

20 organization is any organization recognized by the Sec21 retary of Veterans Affairs for the representation of veterans

22 under section 5902 of title 38, United States Code.
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1 SEC. 575. SENSE OF THE SENATE REGARDING RETURN OF

2 MEMBERS TO ACTIVE DUTY SERVICE UPON

3 REHABILITATION FROM SERVICE-RELATED

4 INJURIES.

5 (a) FINDINGS.—Congress makes the following findings:

6 (1) The generation of young men and women

7 currently serving on active duty in the Armed Forces,

8 which history will record as being among the greatest,

9 has shown in remarkable numbers an individual re10 solve to recover from injuries incurred in such service

11 and to return to active service in the Armed Forces.

12 (2) Since September 11, 2001, numerous brave

13 soldiers, sailors, airmen, and Marines have incurred

14 serious combat injuries, including (as of June 2004)

15 approximately 100 members of the Armed Forces who

16 have been fitted with artificial limbs as a result of

17 devastating injuries sustained in combat overseas.

18 (3) In cases involving combat-related injuries

19 and other service-related injuries it is possible, as a

20 result of advances in technology and extensive reha21 bilitative services, to restore to members of the Armed

22 Forces sustaining such injuries the capability to re23 sume the performance of active military service, in24 cluding, in a few cases, the capability to participate

25 directly in the performance of combat missions.
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1 (b) SENSE OF THE SENATE.—It is the sense of the Sen2 ate that—

3 (1) members of the Armed Forces who on their

4 own initiative are highly motivated to return to ac5 tive duty service following rehabilitation from inju6 ries incurred in their service in the Armed Forces,

7 after appropriate medical review should be given the

8 opportunity to present their cases for continuing to

9 serve on active duty in varied military capacities;

10 (2) other than appropriate medical review, there

11 should be no barrier in policy or law to such a mem12 ber having the option to return to military service on

13 active duty; and

14 (3) the Secretary of Defense should develop spe15 cific protocols that expand options for such members

16 to return to active duty service and to be retrained

17 to perform military missions for which they are fully

18 capable.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

4 SEC. 601. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE

5 DURING SHORT-ASSIGNMENT PERMANENT

6 CHANGES OF STATION FOR EDUCATION OR

7 TRAINING.

8 (a) AUTHORITY.—Paragraph (3) of subsection (d) of

9 section 403 of title 37, United States Code, is amended by

10 adding at the end the following new subparagraph:

11 ‘‘(C) In the case of a member who is reassigned

12 for a permanent change of station or permanent

13 change of assignment from a duty station within the

14 continental United States to another duty station

15 within the continental United States for a period of

16 not more than one year for the purpose of partici17 pating in professional military education or training

18 classes, the amount of the basic allowance for housing

19 for the member may be based on whichever of the fol20 lowing areas the Secretary concerned determines to

21 provide the more equitable basis for the allowance:

22 ‘‘(i) The area of the duty station to which

23 the member is reassigned.

24 ‘‘(ii) The area of the member’s last duty sta25 tion, but only if, and for the period that, the
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1 member’s dependents reside in that area on and

2 after the date of the member’s departure for the

3 duty station to which the member is reas4 signed.’’.

5 (b) CONFORMING AMENDMENT.—The heading of such

6 subsection is amended by striking ‘‘ARE UNABLE TO’’ and

7 inserting ‘‘DO NOT’’.

8 SEC. 602. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UN9 USUAL NONRECURRING EXPENSES IN10 CURRED FOR DUTY OUTSIDE THE CONTI11 NENTAL UNITED STATES.

12 Section 405 of title 37, United States Code, is amended

13 by adding at the end the following new subsection:

14 ‘‘(d) NONRECURRING EXPENSES.—(1) The Secretary

15 concerned may pay a member of the uniformed services on

16 duty as described in subsection (a) a reimbursement for a

17 nonrecurring expense incurred by the member incident to

18 such duty that—

19 ‘‘(A) is directly related to the conditions or loca20 tion of the duty;

21 ‘‘(B) is of a nature or a magnitude not normally

22 incurred by members of the uniformed services on

23 duty inside the continental United States; and
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1 ‘‘(C) is not included in the per diem determined

2 under subsection (b) as payable to the member under

3 subsection (a).

4 ‘‘(2) Any reimbursement payable to a member under

5 paragraph (1) is in addition to a per diem payable to that

6 member under subsection (a).’’.

7 SEC. 603. PERMANENT INCREASE IN AUTHORIZED AMOUNT

8 OF FAMILY SEPARATION ALLOWANCE.

9 (a) PERMANENT AMOUNT.—Subsection (a)(1) of sec10 tion 427 of title 37, United States Code, is amended by

11 striking ‘‘$100’’ and inserting ‘‘$250’’.

12 (b) REPEAL OF TEMPORARY AUTHORITY.—Subsection

13 (e) of such section is repealed.

14 (c) EFFECTIVE DATE.—This section and the amend15 ments made by this section shall take effect on the earlier

16 of—

17 (1) the first day of the first month that begins

18 after the date of the enactment of this Act; or

19 (2) January 1, 2005.
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1 Subtitle B—Bonuses and Special

2 and Incentive Pays

3 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

4 SPECIAL PAY AUTHORITIES FOR RESERVE

5 FORCES.

6 (a) SELECTED RESERVE REENLISTMENT BONUS.—

7 Section 308b(g) of title 37, United States Code, is amended

8 by striking ‘‘December 31, 2004’’ and inserting ‘‘December

9 31, 2005’’.

10 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec11 tion 308c(e) of such title is amended by striking ‘‘December

12 31, 2004’’ and inserting ‘‘December 31, 2005’’.

13 (c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

14 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of

15 such title is amended by striking ‘‘December 31, 2004’’ and

16 inserting ‘‘December 31, 2005’’.

17 (d) SELECTED RESERVE AFFILIATION BONUS.—Sec18 tion 308e(e) of such title is amended by striking ‘‘December

19 31, 2004’’ and inserting ‘‘December 31, 2005’’.

20 (e) READY RESERVE ENLISTMENT AND REENLIST21 MENT BONUS.—Section 308h(g) of such title is amended by

22 striking ‘‘December 31, 2004’’ and inserting ‘‘December 31,

23 2005’’.
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1 (f) PRIOR SERVICE ENLISTMENT BONUS.—Section

2 308i(f ) of such title is amended by striking ‘‘December 31,

3 2004’’ and inserting ‘‘December 31, 2005’’.

4 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

5 SPECIAL PAY AUTHORITIES FOR CERTAIN

6 HEALTH CARE PROFESSIONALS.

7 (a) NURSE OFFICER CANDIDATE ACCESSION PRO8 GRAM.—Section 2130a(a)(1) of title 10, United States Code,

9 is amended by striking ‘‘December 31, 2004’’ and inserting

10 ‘‘December 31, 2005’’.

11 (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

12 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

13 RESERVE.—Section 16302(d) of such title is amended by

14 striking ‘‘January 1, 2005’’ and inserting ‘‘January 1,

15 2006’’.

16 (c) ACCESSION BONUS FOR REGISTERED NURSES.—

17 Section 302d(a)(1) of title 37, United States Code, is

18 amended by striking ‘‘December 31, 2004’’ and inserting

19 ‘‘December 31, 2005’’.

20 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES21 THETISTS.—Section 302e(a)(1) of such title is amended by

22 striking ‘‘December 31, 2004’’ and inserting ‘‘December 31,

23 2005’’.

24 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

25 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL-
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1 TIES.—Section 302g(f ) of such title is amended by striking

2 ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’.

3 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec4 tion 302h(a)(1) of such title is amended by striking ‘‘De5 cember 31, 2004’’ and inserting ‘‘December 31, 2005’’.

6 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND

7 BONUS AUTHORITIES FOR NUCLEAR OFFI8 CERS.

9 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

10 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)

11 of title 37, United States Code, is amended by striking ‘‘De12 cember 31, 2004’’ and inserting ‘‘December 31, 2005’’.

13 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

14 312b(c) of such title is amended by striking ‘‘December 31,

15 2004’’ and inserting ‘‘December 31, 2005’’.

16 (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

17 Section 312c(d) of such title is amended by striking ‘‘De18 cember 31, 2004’’ and inserting ‘‘December 31, 2005’’.

19 SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND

20 SPECIAL PAY AUTHORITIES.

21 (a) AVIATION OFFICER RETENTION BONUS.—Section

22 301b(a) of title 37, United States Code, is amended by strik23 ing ‘‘December 31, 2004’’ and inserting ‘‘December 31,

24 2005’’.
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1 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) of

2 such title is amended by striking ‘‘December 31, 2005’’ and

3 inserting ‘‘December 31, 2006’’.

4 (c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

5 Section 308(g) of such title is amended by striking ‘‘Decem6 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’.

7 (d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—

8 Section 309(e) of such title is amended by striking ‘‘Decem9 ber 31, 2004’’ and inserting ‘‘December 31, 2005’’.

10 (e) RETENTION BONUS FOR MEMBERS WITH CRITICAL

11 MILITARY SKILLS.—Section 323(i) of such title is amended

12 by striking ‘‘December 31, 2004’’ and inserting ‘‘December

13 31, 2005’’.

14 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT15 ICAL SKILLS.—Section 324(g) of such title is amended by

16 striking ‘‘December 31, 2004’’ and inserting ‘‘December 31,

17 2005’’.

18 SEC. 615. REDUCED SERVICE OBLIGATION FOR NURSES RE19 CEIVING NURSE ACCESSION BONUS.

20 (a) PERIOD OF OBLIGATED SERVICE.—Section

21 302d(a)(1) of title 37, United States Code, is amended by

22 striking ‘‘four years’’ and inserting ‘‘three years’’.

23 (b) EFFECTIVE DATE AND APPLICABILITY.—The

24 amendment made by subsection (a) shall take effect on Octo25 ber 1, 2004, and shall apply with respect to agreements en-
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1 tered into under section 302d of title 37, United States

2 Code, on or after such date.

3 SEC. 616. ASSIGNMENT INCENTIVE PAY.

4 (a) DISCONTINUATION UPON COMMENCEMENT OF TER5 MINAL LEAVE.—(1) Subsection (e) of section 307a of title

6 37, United States Code, is amended by striking ‘‘absence

7 of the member for authorized leave.’’ and inserting the fol8 lowing:

9 ‘‘(2) absence of the member for authorized leave,

10 other than leave authorized for a period ending upon

11 the discharge of the member or the release of the mem12 ber from active duty.’’.

13 (2) Such subsection is further amended by striking ‘‘by

14 reason of’’ and all that follows through ‘‘pursuant to orders

15 or’’ and inserting ‘‘by reason of—

16 ‘‘(1) temporary duty performed by the member

17 pursuant to orders; or’’.

18 (b) DISCRETIONARY WRITTEN AGREEMENTS.—Sub19 section (b) of such section is amended to read as follows:

20 ‘‘(b) WRITTEN AGREEMENT.—The Secretary concerned

21 may require a member to enter into a written agreement

22 with the Secretary in order to qualify for the incentive pay

23 under this section. A written agreement under this sub24 section shall set forth the period for which the incentive pay
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1 is to be provided and the monthly rate at which the incen2 tive pay is to be paid.’’.

3 (c) EFFECTIVE DATE AND APPLICABILITY.—(1) The

4 amendments made by subsection (a) shall take effect on Oc5 tober 1, 2004.

6 (2) Paragraph (2) of section 307a(e) of title 37, United

7 States Code, shall apply with respect to authorized leave

8 for days after September 30, 2004.

9 SEC. 617. PERMANENT INCREASE IN AUTHORIZED AMOUNT

10 OF HOSTILE FIRE AND IMMINENT DANGER

11 SPECIAL PAY.

12 (a) PERMANENT AMOUNT.—Subsection (a) of section

13 310 of title 37, United States Code, is amended by striking

14 ‘‘$150’’ in the matter preceding paragraph (1) and insert15 ing ‘‘$225’’.

16 (b) REPEAL OF TEMPORARY AUTHORITY.—Subsection

17 (e) of such section is repealed.

18 (c) EFFECTIVE DATE.—This section and the amend19 ments made by this section shall take effect on the earlier

20 of—

21 (1) the first day of the first month that begins

22 after the date of the enactment of this Act; or

23 (2) January 1, 2005.
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1 SEC. 618. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY

2 FOR CRITICAL SKILLS RETENTION BONUS

3 WHILE SERVING ON INDEFINITE REENLIST4 MENT.

5 Paragraph (2) of section 323(a) of title 37, United

6 States Code, is amended to read as follows:

7 ‘‘(2) in the case of an enlisted member—

8 ‘‘(A) the member, if serving under an enlist9 ment for a definite period—

10 ‘‘(i) reenlists for a period of at least

11 one year; or

12 ‘‘(ii) voluntarily extends the member’s

13 enlistment for a period of at least one year;

14 or

15 ‘‘(B) the member, if serving under an enlist16 ment for an indefinite period, enters into a writ17 ten agreement with the Secretary concerned to

18 remain on active duty for at least one year

19 under such enlistment.’’.

20 SEC. 619. CLARIFICATION OF EDUCATIONAL PURSUITS

21 QUALIFYING FOR SELECTED RESERVE EDU22 CATION LOAN REPAYMENT PROGRAM FOR

23 HEALTH PROFESSIONS OFFICERS.

24 Section 16302(a)(5) of title 10, United States Code,

25 is amended by striking ‘‘regarding’’ and inserting ‘‘for a

26 basic professional qualifying degree (as determined under
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1 regulations prescribed by the Secretary), or graduate edu2 cation, in’’.

3 SEC. 620. BONUS FOR CERTAIN INITIAL SERVICE OF COM4 MISSIONED OFFICERS IN THE SELECTED RE5 SERVE.

6 (a) AUTHORITY.—Chapter 5 of title 37, United States

7 Code, is amended by inserting after section 308i the fol8 lowing new section:

9 ‘‘§ 308j. Special pay: bonus for certain initial service

10 of commissioned officers in the Selected

11 Reserve

12 ‘‘(a) AFFILIATION BONUS.—(1) The Secretary con13 cerned may pay an affiliation bonus under this section to

14 an eligible commissioned officer in any of the armed forces

15 who enters into an agreement with the Secretary to serve,

16 for the period specified in the agreement, in the Selected

17 Reserve of the Ready Reserve of an armed force under the

18 Secretary’s jurisdiction—

19 ‘‘(A) in a critical officer skill designated under

20 paragraph (3); or

21 ‘‘(B) to meet a manpower shortage in—

22 ‘‘(i) a unit of that Selected Reserve; or

23 ‘‘(ii) a particular pay grade in that armed

24 force.
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1 ‘‘(2) A commissioned officer is eligible for an affili2 ation bonus under this section if the officer—

3 ‘‘(A) either—

4 ‘‘(i) is serving on active duty for a period

5 of more than 30 days; or

6 ‘‘(ii) is a member of a reserve component

7 not on active duty and, if the member formerly

8 served on active duty, was released from active

9 duty under honorable conditions;

10 ‘‘(B) has not previously served in the Selected

11 Reserve of the Ready Reserve; and

12 ‘‘(C) is not entitled to receive retired or retainer

13 pay.

14 ‘‘(3)(A) The Secretary concerned shall designate for an

15 armed force under the Secretary’s jurisdiction the critical

16 officer skills to which the bonus authority under this sub17 section is to be applied.

18 ‘‘(B) A skill may be designated as a critical officer

19 skill for an armed force under subparagraph (A) if, to meet

20 requirements of that armed force, it is critical for that

21 armed force to have a sufficient number of officers who are

22 qualified in that skill.

23 ‘‘(4) An affiliation bonus payable pursuant to an

24 agreement under this section to an eligible officer accrues

25 on the date on which the person is assigned to a unit or
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1 position in the Selected Reserve pursuant to such agree2 ment.

3 ‘‘(b) ACCESSION BONUS.—(1) The Secretary concerned

4 may pay an accession bonus under this section to an eligi5 ble person who enters into an agreement with the

6 Secretary—

7 ‘‘(A) to accept an appointment as a commis8 sioned officer in the armed forces; and

9 ‘‘(B) to serve in the Selected Reserve of the

10 Ready Reserve in a skill designated under paragraph

11 (2) for a period specified in the agreement.

12 ‘‘(2)(A) The Secretary concerned shall designate for an

13 armed force under the Secretary’s jurisdiction the officer

14 skills to which the authority under this subsection is to be

15 applied.

16 ‘‘(B) A skill may be designated for an armed force

17 under subparagraph (A) if, to mitigate a current or pro18 jected significant shortage of personnel in that armed force

19 who are qualified in that skill, it is critical to increase the

20 number of persons accessed into that armed force who are

21 qualified in that skill or are to be trained in that skill.

22 ‘‘(3) An accession bonus payable to a person pursuant

23 to an agreement under this section accrues on the date on

24 which that agreement is accepted by the Secretary con25 cerned.
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1 ‘‘(c) PERIOD OF OBLIGATED SERVICE.—An agreement

2 entered into with the Secretary concerned under this section

3 shall require the person entering into that agreement to

4 serve in the Selected Reserve for a specified period. The pe5 riod specified in the agreement shall be any period not less

6 than three years that the Secretary concerned determines

7 appropriate to meet the needs of the reserve component in

8 which the service is to be performed.

9 ‘‘(d) AMOUNT.—The amount of a bonus under this sec10 tion may be any amount not in excess of $6,000 that the

11 Secretary concerned determines appropriate.

12 ‘‘(e) PAYMENT.—Upon acceptance of a written agree13 ment by the Secretary concerned under this section, the

14 total amount of the bonus payable under the agreement be15 comes fixed. The agreement shall specify whether the bonus

16 is to be paid in one lump sum or in installments.

17 ‘‘(f) RELATION TO OTHER ACCESSION BONUS AU18 THORITY.—No person may receive an affiliation bonus or

19 accession bonus under this section and financial assistance

20 under chapter 1608, 1609, or 1611 of title 10, or under sec21 tion 302g of this title, for the same period of service.

22 ‘‘(g) REPAYMENT FOR FAILURE TO COMMENCE OR

23 COMPLETE OBLIGATED SERVICE.—(1) A person who, after

24 receiving all or part of the bonus under an agreement en25 tered into by that person under this section, does not accept
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1 a commission as an officer or does not commence to partici2 pate or does not satisfactorily participate in the Selected

3 Reserve for the total period of service specified in the agree4 ment shall repay to the United States such compensation

5 or benefit, except under conditions prescribed by the Sec6 retary concerned.

7 ‘‘(2) The Secretary concerned shall include in each

8 agreement entered into by the Secretary under this section

9 the requirements that apply for any repayment under this

10 subsection, including the method for computing the amount

11 of the repayment and any exceptions.

12 ‘‘(3) An obligation to repay the United States imposed

13 under paragraph (1) is for all purposes a debt owed to the

14 United States. A discharge in bankruptcy under title 11

15 that is entered less than five years after the termination

16 of an agreement entered into under this section does not

17 discharge a person from a debt arising under an agreement

18 entered into under this subsection or a debt arising under

19 paragraph (1).’’.

20 (b) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of such chapter is amended by adding at the

22 end the following new item:

‘‘308j. Special pay: bonus for certain initial service of commissioned officers in

the Selected Reserve.’’.
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1 SEC. 621. RELATIONSHIP BETWEEN ELIGIBILITY TO RE2 CEIVE SUPPLEMENTAL SUBSISTENCE ALLOW3 ANCE AND ELIGIBILITY TO RECEIVE IMMI4 NENT DANGER PAY, FAMILY SEPARATION AL5 LOWANCE, AND CERTAIN FEDERAL ASSIST6 ANCE.

7 (a) ENTITLEMENT NOT AFFECTED BY RECEIPT OF IM8 MINENT DANGER PAY AND FAMILY SEPARATION ALLOW9 ANCE.—Subsection (b)(2) of section 402a of title 37, United

10 States Code, is amended by striking subparagraph (A) and

11 inserting the following:

12 ‘‘(A) shall not take into consideration—

13 ‘‘(i) the amount of the supplemental subsist14 ence allowance that is payable under this section;

15 ‘‘(ii) the amount of special pay (if any)

16 that is payable under section 310 of this section,

17 relating to duty subject to hostile fire or immi18 nent danger; or

19 ‘‘(iii) the amount of family separation al20 lowance (if any) that is payable under section

21 427 of this title; but’’.

22 (b) ELIGIBILITY FOR OTHER FEDERAL ASSISTANCE.—

23 Section 402a of such title is amended—

24 (1) by redesignating subsections (g) and (h) as

25 subsections (h) and (i), respectively; and
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1 (2) by inserting after subsection (f) the following

2 new subsection (g):

3 ‘‘(g) ELIGIBILITY FOR OTHER FEDERAL ASSIST4 ANCE.—(1)(A) A child or spouse of a member of the armed

5 forces receiving the supplemental subsistence allowance

6 under this section who, except for the receipt of such allow7 ance, would otherwise be eligible to receive a benefit de8 scribed in subparagraph (B) shall be considered to be eligi9 ble for that benefit.

10 ‘‘(B) The benefits referred to in subparagraph (A) are

11 as follows:

12 ‘‘(i) Assistance provided under the Richard B.

13 Russell National School Lunch Act (42 U.S.C. 1751

14 et seq.).

15 ‘‘(ii) Assistance provided under the Child Nutri16 tion Act of 1966 (42 U.S.C. 1771 et seq.).

17 ‘‘(iii) A service under the Head Start Act (42

18 U.S.C. 9831 et seq.).

19 ‘‘(iv) Assistance under the Child Care and Devel20 opment Block Grant Act of 1990 (42 U.S.C. 9858 et

21 seq.).

22 ‘‘(2) A household that includes a member of the armed

23 forces receiving the supplemental subsistence allowance

24 under this section and, except for the receipt of such allow25 ance, would otherwise be eligible to receive a benefit under
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1 the Low-Income Home Energy Assistance Act of 1981 (42

2 U.S.C. 8621 et seq.) shall be considered to be eligible for

3 that benefit.’’.

4 (c) REQUIREMENT FOR REPORT.—(1) Not later than

5 180 days after the date of the enactment of this Act, the

6 Secretary of Defense shall submit to the committees of Con7 gress named in paragraph (2) a report on the accessibility

8 of social services to members of the Armed Forces and their

9 families. The report shall include the following matters:

10 (A) The social services for which members of the

11 Armed Forces and their families are eligible under so12 cial services programs generally available to citizens

13 and other nationals of the United States.

14 (B) The extent to which members of the Armed

15 Forces and their families utilize the social services for

16 which they are eligible under the programs identified

17 under subparagraph (A).

18 (C) The efforts made by each of the military

19 departments—

20 (i) to ensure that members of the Armed

21 Forces and their families are aware of the social

22 services for which they are eligible under the pro23 grams identified under subparagraph (A); and

24 (ii) to assist members and their families in

25 applying for and obtaining such social services.
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1 (2) The committees of Congress referred to in para2 graph (1) are as follows:

3 (A) The Committee on Armed Services and the

4 Committee on Health, Education, Labor, and Pen5 sions of the Senate.

6 (B) The Committee on Armed Services of the

7 House of Representatives.

8 (d) EFFECTIVE DATE.—(1) Except as provided in

9 paragraph (2), this section and the amendments made by

10 this section shall take effect on October 1, 2004.

11 (2) Subsection (c) shall take effect on the date of the

12 enactment of this Act.

13 Subtitle C—Travel and

14 Transportation Allowances

15 SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES

16 FOR FAMILY MEMBERS TO ATTEND BURIAL

17 CEREMONIES OF MEMBERS WHO DIE ON

18 DUTY.

19 (a) AUTHORIZED TRAVEL DESTINATION.—Subsection

20 (a)(1) of section 411f of title 37, United States Code, is

21 amended by inserting before the period at the end the fol22 lowing: ‘‘at the location determined under subsection (a)(8)

23 or (d)(2) of section 1482 of title 10’’.

24 (b) LIMITATION ON AMOUNT.—Subsection (b) of such

25 section is amended to read as follows:
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1 ‘‘(b) LIMITATION ON AMOUNT.—Allowances for travel

2 under subsection (a) may not exceed the rates for two days

3 and the time necessary for such travel.’’.

4 (c) UNCONDITIONAL ELIGIBILITY OF DECEASED’S

5 PARENTS.—Subsection (c)(1)(C) of such section is amended

6 by striking ‘‘If no person described in subparagraph (A)

7 or (B) is provided travel and transportation allowances

8 under subsection (a)(1), the’’ and inserting ‘‘The’’.

9 SEC. 632. LODGING COSTS INCURRED IN CONNECTION

10 WITH DEPENDENT STUDENT TRAVEL.

11 (a) AUTHORITY.—Section 430(b)(1) of title 37, United

12 States Code, is amended—

13 (1) by inserting ‘‘(A)’’ after ‘‘(b) ALLOWANCE

14 AUTHORIZED.—(1)’’; and

15 (2) by adding at the end the following new sub16 paragraph:

17 ‘‘(B) The allowance authorized under subparagraph

18 (A) for an eligible dependent’s travel may include reim19 bursement for costs that are incurred by or for the depend20 ent for lodging of the dependent that is necessitated by an

21 interruption in the travel caused by extraordinary cir22 cumstances prescribed in the regulations under subsection

23 (a). The amount of a reimbursement payable under this

24 subparagraph shall be a rate that is applicable to the cir-
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1 cumstances under regulations prescribed by the Secretaries

2 concerned.’’.

3 (b) EFFECTIVE DATE AND APPLICABILITY.—The

4 amendments made by subsection (a) shall take effect on Oc5 tober 1, 2004, and shall apply with respect to lodging that

6 commences on or after such date.

7 Subtitle D—Retired Pay and

8 Survivor Benefits

9 SEC. 641. SPECIAL RULE FOR COMPUTING THE HIGH-36

10 MONTH AVERAGE FOR DISABLED MEMBERS

11 OF RESERVE COMPONENTS.

12 (a) COMPUTATION OF HIGH 36-MONTH AVERAGE.—

13 Subsection (c) of section 1407 of title 10, United States

14 Code, is amended by adding at the end the following new

15 paragraph:

16 ‘‘(3) SPECIAL RULE FOR RESERVE COMPONENT

17 MEMBERS.—In the application of paragraphs (1) and

18 (2) to a member of a reserve component of a uni19 formed service who is entitled to retired pay under

20 section 1201 or 1202 of this title, each month during

21 which the member performed duty for which basic

22 pay is paid under section 203 of title 37 or com23 pensation is paid under section 206 of such title shall

24 be treated as if it were one month of active service.’’.
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1 (b) EFFECTIVE DATES AND APPLICABILITY.—(1)

2 Paragraph (3) of section 1407(c) of title 10, United States

3 Code (as added by subsection (a)), shall take effect on Octo4 ber 1, 2004, and shall apply with respect to months begin5 ning on or after such date, except as provided in paragraph

6 (2).

7 (2) For the computation of survivor annuities under

8 subparagraph (A)(i) or (B) of section 1451(c)(1) of title 10,

9 United States Code (as amended by section 642(b) of Public

10 Law 107–107; 115 Stat. 1152)), paragraph (3) of section

11 1407(c) of title 10, United States Code (as added by sub12 section (a)), shall take effect as of September 10, 2001, and

13 shall apply with respect to deaths of members of the uni14 formed services occurring on or after that date.

15 SEC. 642. DEATH BENEFITS ENHANCEMENT.

16 (a) FINAL ACTIONS ON FISCAL YEAR 2004 DEATH

17 BENEFITS STUDY.—(1) Congress finds that the study of the

18 Federal death benefits for survivors of deceased members of

19 the Armed Forces under section 647 of the National Defense

20 Authorization Act for Fiscal Year 2004 (Public Law 108–

21 136; 117 Stat. 1520) has given Congress sufficient insight

22 to initiate action to provide for the enhancement of the cur23 rent set of death benefits that are provided under law for

24 the survivors.
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1 (2) The Secretary of Defense shall expedite the comple2 tion and submission of the final report, which was due on

3 March 1, 2004, under section 647 of the National Defense

4 Authorization Act for Fiscal Year 2004.

5 (3) It is the sense of Congress that the President should

6 promptly submit to Congress any recommendation for legis7 lation, together with a request for appropriations, that the

8 President determines necessary to implement the death ben9 efits enhancements that are recommended in the final report

10 under section 647 of the National Defense Authorization Act

11 for Fiscal Year 2004.

12 (b) INCREASES OF DEATH GRATUITY CONSISTENT

13 WITH INCREASES OF RATES OF BASIC PAY.—Section 1478

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

15 (1) in subsection (a), by inserting ‘‘(as adjusted

16 under subsection (c)’’ before the period at the end of

17 the first sentence; and

18 (2) by adding at the end the following new sub19 section:

20 ‘‘(c) Effective on the date on which rates of basic pay

21 under section 204 of this title are increased under section

22 1009 of title 37 or any other provision of law, the amount

23 of the death gratuity provided under subsection (a) shall

24 be increased by the same overall average percentage of the
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1 increase in the rates of basic pay taking effect on that

2 date.’’.

3 (c) FISCAL YEAR 2005 ACTIONS.—At the same time

4 that the President submits to Congress the budget for fiscal

5 year 2006 under section 1105(a) of title 31, United States

6 Code, the President shall submit to the appropriate commit7 tees of Congress referred to in subsection (g) a draft or

8 drafts of legislation to provide enhanced death benefits for

9 survivors of deceased members of the uniformed services. The

10 draft legislation shall include provisions for the following:

11 (1) Revision of the Servicemembers’ Group Life

12 Insurance program to provide for—

13 (A) an increase of the maximum benefit

14 provided under Servicemembers’ Group Life In15 surance to $350,000, together with an increase,

16 each fiscal year, by the same overall average per17 centage increase that takes effect during such fis18 cal year in the rates of basic pay under section

19 204 of title 37, United States Code; and

20 (B) a minimum benefit of $100,000 at no

21 cost to the insured members of the uniformed

22 services who elect the maximum coverage, to23 gether with an increase in such minimum benefit

24 each fiscal year by the same percentage increase

25 as is described in subparagraph (A).
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1 (2) An additional set of death benefits for each

2 member of the uniformed services who dies in the line

3 of duty while on active duty that includes, at a min4 imum, an additional death gratuity in the amount

5 that—

6 (A) in the case of a member not described

7 in subparagraph (B), is equal to the sum of—

8 (i) the total amount of the basic pay to

9 which the deceased member would have been

10 entitled under section 204 of title 37,

11 United States Code, if the member had not

12 died and had continued to serve on active

13 duty for an additional year; and

14 (ii) the total amount of all allowances

15 and special pays that the member would

16 have been entitled to receive under title 37,

17 United States Code, over the one-year pe18 riod beginning on the member’s date of

19 death if the member had not died and had

20 continued to serve on active duty for an ad21 ditional year with the unit to which the

22 member was assigned or detailed on such

23 date; and

24 (B) in the case of a member who dies as a

25 result of an injury caused by or incurred while
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1 exposed to hostile action (including any hostile

2 fire or explosion and any hostile action from a

3 terrorist source), is equal to twice the amount

4 calculated under subparagraph (A).

5 (3) Any other new death benefits or enhancement

6 of existing death benefits that the President rec7 ommends.

8 (4) Retroactive applicability of the benefits re9 ferred to in paragraph (2) and, as appropriate, the

10 benefits recommended under paragraph (3) so as to

11 provide the benefits—

12 (A) for members of the uniformed services

13 who die in line of duty on or after October 7,

14 2001, of a cause incurred or aggravated while

15 deployed in support of Operation Enduring

16 Freedom; and

17 (B) for members of the uniformed services

18 who die in line of duty on or after March 19,

19 2003, of a cause incurred or aggravated while

20 deployed in support of Operation Iraqi Freedom.

21 (d) CONSULTATION.—The President shall consult with

22 the Secretary of Defense and the Secretary of Veterans Af23 fairs in developing the draft legislation required under sub24 section (c).
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1 (e) FISCAL YEAR 2006 BUDGET SUBMISSION.—The

2 budget for fiscal year 2006 that is submitted to Congress

3 under section 1105(a) of title 31, United States Code, shall

4 include draft legislation (other than draft appropriations)

5 that includes provisions that, on the basis of the assumption

6 that the draft legislation submitted under subsection (c)

7 would be enacted and would take effect in fiscal year

8 2006—

9 (1) would offset fully the increased outlays that

10 would result from enactment of the provisions of the

11 draft legislation submitted under subsection (c), for

12 fiscal year 2006 and each of the ensuing nine fiscal

13 years;

14 (2) expressly state that they are proposed for the

15 purpose of the offset described in paragraph (1); and

16 (3) are included in full in the estimates that are

17 made by the Director of the Congressional Budget Of18 fice and the Director of the Office of Management and

19 Budget under section 252(d) of the Balanced Budget

20 and Emergency Deficit Control Act of 1985 (2 U.S.C.

21 902(d)) with respect to the fiscal years referred to in

22 paragraph (1).

23 (f) EARLY SUBMISSION OF PROPOSAL FOR ADDI24 TIONAL DEATH BENEFITS.—Congress urges the President

25 to submit the draft of legislation for the additional set of
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1 death benefits under paragraph (2) of subsection (c) before

2 the time for submission required under that subsection and

3 as soon as is practicable after the date of the enactment

4 of this Act.

5 (g) APPROPRIATE COMMITTEES OF CONGRESS.—For

6 the purposes of subsection (c), the appropriate committees

7 of Congress are as follows:

8 (1) The Committees on Armed Services of the

9 Senate and the House of Representatives, with respect

10 to draft legislation that is within the jurisdiction of

11 such committees.

12 (2) The Committees on Veterans Affairs of the

13 Senate and the House of Representatives, with respect

14 to draft legislation within the jurisdiction of such

15 committees.

16 SEC. 643. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT

17 OF RETIRED PAY AND VETERANS’ DISABILITY

18 COMPENSATION FOR VETERANS WITH SERV19 ICE-CONNECTED DISABILITIES RATED AS 100

20 PERCENT.

21 Section 1414 of title 10, United States Code, is

22 amended—

23 (1) in subsection (a)(1)—

24 (A) by inserting after the first sentence the

25 following new sentence: ‘‘During the period be-
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1 ginning on January 1, 2004, and ending on De2 cember 31, 2004, payment of retired pay to such

3 a qualified retiree described in subsection

4 (c)(1)(B) is subject to subsection (c).’’; and

5 (B) in the last sentence, by inserting ‘‘(other

6 than a qualified retiree covered by the preceding

7 sentence)’’ after ‘‘such a qualified retiree’’; and

8 (2) in subsection (c)—

9 (A) in paragraph (1)—

10 (i) in subparagraph (A), by inserting

11 ‘‘(other than a retiree described by subpara12 graph (B))’’ after ‘‘the retiree’’;

13 (ii) by redesignating subparagraphs

14 (B) through (F) as subparagraphs (C)

15 through (G), respectively; and

16 (iii) by inserting after subparagraph

17 (A) the following new subparagraph (B):

18 ‘‘(B) For a month for which the retiree re19 ceives veterans’ disability compensation for a

20 disability rated as 100 percent, $750.’’;

21 (B) by redesignating paragraph (11) as

22 paragraph (12); and

23 (C) by inserting after paragraph (10) the

24 following new paragraph (11):
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1 ‘‘(11) INAPPLICABILITY TO VETERANS WITH DIS2 ABILITIES RATED AS 100 PERCENT AFTER CALENDAR

3 YEAR 2004.—This subsection shall not apply to a

4 qualified retiree described by paragraph (1)(B) after

5 calendar year 2004.’’.

6 SEC. 644. FULL SBP SURVIVOR BENEFITS FOR SURVIVING

7 SPOUSES OVER AGE 62.

8 (a) PHASED INCREASE IN BASIC ANNUITY.—

9 (1) INCREASE TO 55 PERCENT.—Subsection

10 (a)(1)(B)(i) of section 1451 of title 10, United States

11 Code, is amended by striking ‘‘35 percent of the base

12 amount.’’ and inserting ‘‘the product of the base

13 amount and the percent applicable for the month. The

14 percent applicable for a month is 35 percent for

15 months beginning before October 2005, 40 percent for

16 months beginning after September 2005 and before

17 October 2008, 45 percent for months beginning after

18 September 2008, and 55 percent for months beginning

19 after September 2014.’’.

20 (2) RESERVE-COMPONENT ANNUITY.—Subsection

21 (a)(2)(B)(i)(I) of such section is amended by striking

22 ‘‘35 percent’’ and inserting ‘‘the percent specified

23 under paragraph (1)(B)(i) as being applicable for the

24 month’’.
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1 (3) SPECIAL-ELIGIBILITY ANNUITY.—Subsection

2 (c)(1)(B)(i) of such section is amended—

3 (A) by striking ‘‘35 percent’’ and inserting

4 ‘‘the applicable percent’’; and

5 (B) by adding at the end the following:

6 ‘‘The percent applicable for a month under the

7 preceding sentence is the percent specified under

8 subsection (a)(1)(B)(i) as being applicable for

9 the month.’’.

10 (4) CONFORMING AMENDMENT.—The heading for

11 subsection (d)(2)(A) of such section is amended to

12 read as follows: ‘‘COMPUTATION OF ANNUITY.—’’.

13 (b) PHASED ELIMINATION OF SUPPLEMENTAL ANNU14 ITY.—

15 (1) DECREASING PERCENTAGES.—Section

16 1457(b) of title 10, United States Code, is amended—

17 (A) by striking ‘‘5, 10, 15, or 20 percent’’

18 and inserting ‘‘the applicable percent’’; and

19 (B) by inserting after the first sentence the

20 following: ‘‘The percent used for the computation

21 shall be an even multiple of 5 percent and, what22 ever the percent specified in the election, may not

23 exceed 20 percent for months beginning before

24 October 2005, 15 percent for months beginning

25 after September 2005 and before October 2008,
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1 and 10 percent for months beginning after Sep2 tember 2008.’’.

3 (2) REPEAL OF PROGRAM IN 2014.—Effective on

4 October 1, 2014, chapter 73 of such title is

5 amended—

6 (A) by striking subchapter III; and

7 (B) by striking the item relating to sub8 chapter III in the table of subchapters at the be9 ginning of that chapter.

10 (c) RECOMPUTATION OF ANNUITIES.—

11 (1) REQUIREMENT FOR RECOMPUTATION.—Effec12 tive on the first day of each month referred to in

13 paragraph (2)—

14 (A) each annuity under section 1450 of title

15 10, United States Code, that commenced before

16 that month, is computed under a provision of

17 section 1451 of that title amended by subsection

18 (a), and is payable for that month shall be re19 computed so as to be equal to the amount that

20 would be in effect if the percent applicable for

21 that month under that provision, as so amended,

22 had been used for the initial computation of the

23 annuity; and

24 (B) each supplemental survivor annuity

25 under section 1457 of such title that commenced
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1 before that month and is payable for that month

2 shall be recomputed so as to be equal to the

3 amount that would be in effect if the percent ap4 plicable for that month under that section, as

5 amended by this section, had been used for the

6 initial computation of the supplemental survivor

7 annuity.

8 (2) TIMES FOR RECOMPUTATION.—The require9 ments for recomputation of annuities under para10 graph (1) apply with respect to the following months:

11 (A) October 2005.

12 (B) October 2008.

13 (C) October 2014.

14 (d) RECOMPUTATION OF RETIRED PAY REDUCTIONS

15 FOR SUPPLEMENTAL SURVIVOR ANNUITIES.—The Sec16 retary of Defense shall take such actions as are necessitated

17 by the amendments made by subsection (b) and the require18 ments of subsection (c)(1)(B) to ensure that the reductions

19 in retired pay under section 1460 of title 10, United States

20 Code, are adjusted to achieve the objectives set forth in sub21 section (b) of that section.

22 SEC. 645. OPEN ENROLLMENT PERIOD FOR SURVIVOR BEN23 EFIT PLAN COMMENCING OCTOBER 1, 2005.

24 (a) PERSONS NOT CURRENTLY PARTICIPATING IN

25 SURVIVOR BENEFIT PLAN.—
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1 (1) ELECTION OF SBP COVERAGE.—An eligible

2 retired or former member may elect to participate in

3 the Survivor Benefit Plan under subchapter II of

4 chapter 73 of title 10, United States Code, during the

5 open enrollment period specified in subsection (f).

6 (2) ELECTION OF SUPPLEMENTAL ANNUITY COV7 ERAGE.—An eligible retired or former member who

8 elects under paragraph (1) to participate in the Sur9 vivor Benefit Plan at the maximum level may also

10 elect during the open enrollment period to participate

11 in the Supplemental Survivor Benefit Plan estab12 lished under subchapter III of chapter 73 of title 10,

13 United States Code.

14 (3) ELIGIBLE RETIRED OR FORMER MEMBER.—

15 For purposes of paragraphs (1) and (2), an eligible

16 retired or former member is a member or former

17 member of the uniformed services who on the day be18 fore the first day of the open enrollment period is not

19 a participant in the Survivor Benefit Plan and—

20 (A) is entitled to retired pay; or

21 (B) would be entitled to retired pay under

22 chapter 1223 of title 10, United States Code, but

23 for the fact that such member or former member

24 is under 60 years of age.
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1 (4) STATUS UNDER SBP OF PERSONS MAKING

2 ELECTIONS.—

3 (A) STANDARD ANNUITY.—A person making

4 an election under paragraph (1) by reason of eli5 gibility under paragraph (3)(A) shall be treated

6 for all purposes as providing a standard annuity

7 under the Survivor Benefit Plan.

8 (B) RESERVE-COMPONENT ANNUITY.—A

9 person making an election under paragraph (1)

10 by reason of eligibility under paragraph (3)(B)

11 shall be treated for all purposes as providing a

12 reserve-component annuity under the Survivor

13 Benefit Plan.

14 (b) ELECTION TO INCREASE COVERAGE UNDER

15 SBP.—A person who on the day before the first day of the

16 open enrollment period is a participant in the Survivor

17 Benefit Plan but is not participating at the maximum base

18 amount or is providing coverage under the Plan for a de19 pendent child and not for the person’s spouse or former

20 spouse may, during the open enrollment period, elect to—

21 (1) participate in the Plan at a higher base

22 amount (not in excess of the participant’s retired

23 pay); or

24 (2) provide annuity coverage under the Plan for

25 the person’s spouse or former spouse at a base amount
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1 not less than the base amount provided for the de2 pendent child.

3 (c) ELECTION FOR CURRENT SBP PARTICIPANTS TO

4 PARTICIPATE IN SUPPLEMENTAL SBP.—

5 (1) ELECTION.—A person who is eligible to make

6 an election under this paragraph may elect during

7 the open enrollment period to participate in the Sup8 plemental Survivor Benefit Plan established under

9 subchapter III of chapter 73 of title 10, United States

10 Code.

11 (2) PERSONS ELIGIBLE.—Except as provided in

12 paragraph (3), a person is eligible to make an elec13 tion under paragraph (1) if on the day before the first

14 day of the open enrollment period the person is a par15 ticipant in the Survivor Benefit Plan at the max16 imum level, or during the open enrollment period the

17 person increases the level of such participation to the

18 maximum level under subsection (b) of this section,

19 and under that Plan is providing annuity coverage

20 for the person’s spouse or a former spouse.

21 (3) LIMITATION ON ELIGIBILITY FOR CERTAIN

22 SBP PARTICIPANTS NOT AFFECTED BY TWO-TIER AN23 NUITY COMPUTATION.—A person is not eligible to

24 make an election under paragraph (1) if (as deter25 mined by the Secretary concerned) the annuity of a
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1 spouse or former spouse beneficiary of that person

2 under the Survivor Benefit Plan is to be computed

3 under section 1451(e) of title 10, United States Code.

4 However, such a person may during the open enroll5 ment period waive the right to have that annuity

6 computed under such section 1451(e). Any such elec7 tion is irrevocable. A person making such a waiver

8 may make an election under paragraph (1) as in the

9 case of any other participant in the Survivor Benefit

10 Plan.

11 (d) MANNER OF MAKING ELECTIONS.—An election

12 under this section shall be made in writing, signed by the

13 person making the election, and received by the Secretary

14 concerned before the end of the open enrollment period. Any

15 such election shall be made subject to the same conditions,

16 and with the same opportunities for designation of bene17 ficiaries and specification of base amount, that apply under

18 the Survivor Benefit Plan or the Supplemental Survivor

19 Benefit Plan, as the case may be. A person making an elec20 tion under subsection (a) to provide a reserve-component

21 annuity shall make a designation described in section

22 1448(e) of title 10, United States Code.

23 (e) EFFECTIVE DATE FOR ELECTIONS.—Any such elec24 tion shall be effective as of the first day of the first calendar
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1 month following the month in which the election is received

2 by the Secretary concerned.

3 (f) OPEN ENROLLMENT PERIOD.—The open enroll4 ment period under this section shall be the one-year period

5 beginning on October 1, 2005.

6 (g) EFFECT OF DEATH OF PERSON MAKING ELECTION

7 WITHIN TWO YEARS OF MAKING ELECTION.—If a person

8 making an election under this section dies before the end

9 of the two-year period beginning on the effective date of the

10 election, the election is void and the amount of any reduc11 tion in retired pay of the person that is attributable to the

12 election shall be paid in a lump sum to the person who

13 would have been the deceased person’s beneficiary under the

14 voided election if the deceased person had died after the end

15 of such two-year period.

16 (h) APPLICABILITY OF CERTAIN PROVISIONS OF

17 LAW.—The provisions of sections 1449, 1453, and 1454 of

18 title 10, United States Code, are applicable to a person

19 making an election, and to an election, under this section

20 in the same manner as if the election were made under the

21 Survivor Benefit Plan or the Supplemental Survivor Ben22 efit Plan, as the case may be.

23 (i) ADDITIONAL PREMIUM.—The Secretary of Defense

24 shall prescribe in regulations premiums which a person

25 electing under this section shall be required to pay for par-
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1 ticipating in the Survivor Benefit Plan pursuant to the

2 election. The total amount of the premiums to be paid by

3 a person under the regulations shall be equal to the sum

4 of—

5 (i) the total amount by which the retired pay of

6 the person would have been reduced before the effective

7 date of the election if the person had elected to par8 ticipate in the Survivor Benefit Plan (for the same

9 base amount specified in the election) at the first op10 portunity that was afforded the member to partici11 pate under chapter 73 of title 10, United States Code;

12 (ii) interest on the amounts by which the retired

13 pay of the person would have been so reduced, com14 puted from the dates on which the retired pay would

15 have been so reduced at such rate or rates and accord16 ing to such methodology as the Secretary of Defense

17 determines reasonable; and

18 (iii) any additional amount that the Secretary

19 determines necessary to protect the actuarial sound20 ness of the Department of Defense Military Retire21 ment Fund against any increased risk for the fund

22 that is associated with the election.

23 (A) Premiums paid under the regulations shall be

24 credited to the Department of Defense Military Retirement

25 Fund.
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1 (B) In this paragraph, the term ‘‘Department of De2 fense Military Retirement Fund’’ means the Department of

3 Defense Military Retirement Fund established under section

4 1461(a) of title 10, United States Code.

5 Subtitle E—Other Matters

6 SEC. 651. INCREASED MAXIMUM PERIOD FOR LEAVE OF AB7 SENCE FOR PURSUIT OF A PROGRAM OF EDU8 CATION IN A HEALTH CARE PROFESSION.

9 Section 708(a) of title 10, United States Code, is

10 amended—

11 (1) by striking ‘‘for a period not to exceed two

12 years’’; and

13 (2) by adding at the end the following: ‘‘The pe14 riod of a leave of absence granted under this section

15 may not exceed two years, except that the period may

16 exceed two years but may not exceed three years in

17 the case of an eligible member pursuing a program of

18 education in a health care profession.’’.

19 SEC. 652. ELIGIBILITY OF MEMBERS FOR REIMBURSEMENT

20 OF EXPENSES INCURRED FOR ADOPTION

21 PLACEMENTS MADE BY FOREIGN GOVERN22 MENTS.

23 Section 1052(g)(3) of title 10, United States Code, is

24 amended by adding at the end the following new subpara25 graph:
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1 ‘‘(D) A foreign government or an agency

2 authorized by a foreign government to place chil3 dren for adoption, in any case in which—

4 ‘‘(i) the adopted child is entitled to

5 automatic citizenship under section 320 of

6 the Immigration and Nationality Act (8

7 U.S.C. 1431); or

8 ‘‘(ii) a certificate of citizenship has

9 been issued for such child under section 322

10 of that Act (8 U.S.C. 1433).’’.

11 SEC. 653. ACCEPTANCE OF FREQUENT TRAVELER MILES,

12 CREDITS, AND TICKETS TO FACILITATE THE

13 AIR OR SURFACE TRAVEL OF CERTAIN MEM14 BERS OF THE ARMED FORCES AND THEIR

15 FAMILIES.

16 Section 2608 of title 10, United States Code, is

17 amended—

18 (1) by redesignating subsections (g) through (k)

19 as subsections (h) through (l), respectively; and

20 (2) by inserting after subsection (f) the following

21 new subsection:

22 ‘‘(g) OPERATION HERO MILES.—(1) The Secretary of

23 Defense may use the authority of subsection (a) to accept

24 the donation of frequent traveler miles, credits, and tickets

25 for air or surface transportation issued by any air carrier
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1 or surface carrier that serves the public and that consents

2 to such donation, and under such terms and conditions as

3 the air or surface carrier may specify. The Secretary shall

4 designate a single office in the Department of Defense to

5 carry out this subsection, including the establishment of

6 such rules and procedures as may be necessary to facilitate

7 the acceptance of such frequent traveler miles, credits, and

8 tickets.

9 ‘‘(2) Frequent traveler miles, credits, and tickets ac10 cepted under this subsection shall be used only in accord11 ance with the rules established by the air carrier or surface

12 carrier that is the source of the miles, credits, or tickets and

13 shall be used only for the following purposes:

14 ‘‘(A) To facilitate the travel of a member of the

15 armed forces who—

16 ‘‘(i) is deployed on active duty outside the

17 United States away from the permanent duty

18 station of the member in support of a contin19 gency operation; and

20 ‘‘(ii) is granted, during such deployment,

21 rest and recuperative leave, emergency leave,

22 convalescent leave, or another form of leave au23 thorized for the member.

24 ‘‘(B) In the case of a member of the armed forces

25 recuperating from an injury or illness incurred or ag-
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1 gravated in the line of duty during such deployment,

2 to facilitate the travel of family members of the mem3 ber to be reunited with the member.

4 ‘‘(3) For the use of miles, credits, or tickets under

5 paragraph (2)(B) by family members of a member of the

6 armed forces, the Secretary may, as the Secretary deter7 mines appropriate, limit—

8 ‘‘(A) eligibility to family members who, by rea9 son of affinity, degree of consanguinity, or otherwise,

10 are sufficiently close in relationship to the member of

11 the armed forces to justify the travel assistance;

12 ‘‘(B) the number of family members who may

13 travel; and

14 ‘‘(C) the number of trips that family members

15 may take.

16 ‘‘(4) Notwithstanding paragraph (2), the Secretary of

17 Defense may, in an exceptional case, authorize a person not

18 described in subparagraph (B) of that paragraph to use fre19 quent traveler miles, credits, or a ticket accepted under this

20 subsection to visit a member of the armed forces described

21 in such subparagraph if that person has a notably close

22 relationship with the member. The frequent traveler miles,

23 credits, or ticket may be used by such person only in accord24 ance with such conditions and restrictions as the Secretary

25 determines appropriate and the rules established by the air
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1 carrier or surface carrier that is the source of the miles,

2 credits, or ticket.

3 ‘‘(5) The Secretary of Defense shall encourage air car4 riers and surface carriers to participate in, and to facilitate

5 through minimization of restrictions and otherwise, the do6 nation, acceptance, and use of frequent traveler miles, cred7 its, and tickets under this section.

8 ‘‘(6) The Secretary of Defense may enter into an agree9 ment with a nonprofit organization to use the services of

10 the organization—

11 ‘‘(A) to promote the donation of frequent traveler

12 miles, credits, and tickets under paragraph (1), except

13 that amounts appropriated to the Department of De14 fense may not be expended for this purpose; and

15 ‘‘(B) to assist in administering the collection,

16 distribution, and use of donated frequent traveler

17 miles, credits, and tickets.

18 ‘‘(7) Members of the armed forces, family members,

19 and other persons who receive air or surface transportation

20 using frequent traveler miles, credits, or tickets donated

21 under this subsection are deemed to recognize no income

22 from such use. Donors of frequent traveler miles, credits,

23 or tickets under this subsection are deemed to obtain no tax

24 benefit from such donation.
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1 ‘‘(8) In this subsection, the term ‘family member’ has

2 the meaning given that term in section 411h(b)(1) of title

3 37.’’.

4 SEC. 654. CHILD CARE FOR CHILDREN OF MEMBERS OF

5 ARMED FORCES ON ACTIVE DUTY FOR OPER6 ATION ENDURING FREEDOM OR OPERATION

7 IRAQI FREEDOM.

8 (a) CHILD CARE FOR CHILDREN WITHOUT ACCESS TO

9 MILITARY CHILD CARE.—(1) In any case where the chil10 dren of a covered member of the Armed Forces are geo11 graphically dispersed and do not have practical access to

12 a military child development center, the Secretary of De13 fense may, to the extent funds are available for such pur14 pose, provide such funds as are necessary permit the mem15 ber’s family to secure access for such children to State li16 censed child care and development programs and activities

17 in the private sector that are similar in scope and quality

18 to the child care and development programs and activities

19 the Secretary would otherwise provide access to under sub20 chapter II of chapter 88 of title 10, United States Code,

21 and other applicable provisions of law.

22 (2) Funds may be provided under paragraph (1) in

23 accordance with the provisions of section 1798 of title 10,

24 United States Code, or by such other mechanism as the Sec25 retary considers appropriate.
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1 (3) The Secretary shall prescribe in regulations prior2 ities for the allocation of funds for the provision of access

3 to child care under paragraph (1) in circumstances where

4 funds are inadequate to provide all children described in

5 that paragraph with access to child care as described in

6 that paragraph.

7 (b) PRESERVATION OF SERVICES AND PROGRAMS.—

8 The Secretary shall provide for the attendance and partici9 pation of children in military child development centers

10 and child care and development programs and activities

11 under subsection (a) in a manner that preserves the scope

12 and quality of child care and development programs and

13 activities otherwise provided by the Secretary.

14 (c) FUNDING.—Amounts otherwise available to the De15 partment of Defense and the military departments under

16 this Act may be available for purposes of providing access

17 to child care under subsection (a).

18 (d) DEFINITIONS.—In this section:

19 (1) The term ‘‘covered members of the Armed

20 Forces’’ means members of the Armed Forces on active

21 duty, including members of the Reserves who are

22 called or ordered to active duty under a provision of

23 law referred to in section 101(a)(13)(B) of title 10,

24 United States Code, for Operation Enduring Freedom

25 or Operation Iraqi Freedom.
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1 (2) The term ‘‘military child development cen2 ter’’ has the meaning given such term in section

3 1800(1) of title 10, United States Code.

4 SEC. 655. RELIEF FOR MOBILIZED MILITARY RESERVISTS

5 FROM CERTAIN FEDERAL AGRICULTURAL

6 LOAN OBLIGATIONS.

7 The Consolidated Farm and Rural Development Act

8 is amended by inserting after section 331F (7 U.S.C. 1981f)

9 the following:

10 ‘‘SEC. 332. RELIEF FOR MOBILIZED MILITARY RESERVISTS

11 FROM CERTAIN AGRICULTURAL LOAN OBLI12 GATIONS.

13 ‘‘(a) DEFINITION OF MOBILIZED MILITARY RESERV14 IST.—In this section, the term ‘mobilized military reservist’

15 means an individual who—

16 ‘‘(1) is on active duty under section 688,

17 12301(a), 12301(g), 12302, 12304, 12306, or 12406,

18 or chapter 15 of title 10, United States Code, or any

19 other provision of law during a war or during a na20 tional emergency declared by the President or Con21 gress, regardless of the location at which the active

22 duty service is performed; or

23 ‘‘(2) in the case of a member of the National

24 Guard, is on full-time National Guard duty (as de25 fined in section 101(d)(5) of title 10, United States
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1 Code) under a call to active service authorized by the

2 President or the Secretary of Defense for a period of

3 more than 30 consecutive days under section 502(f) of

4 title 32, United States Code, for purposes of respond5 ing to a national emergency declared by the President

6 and supported by Federal funds.

7 ‘‘(b) FORGIVENESS OF INTEREST PAYMENTS DUE

8 WHILE BORROWER IS A MOBILIZED MILITARY RESERV9 IST.—Any requirement that a borrower of a direct loan

10 made under this title make any interest payment on the

11 loan that would otherwise be required to be made while the

12 borrower is a mobilized military reservist is rescinded.

13 ‘‘(c) DEFERRAL OF PRINCIPAL PAYMENTS DUE WHILE

14 OR AFTER BORROWER IS A MOBILIZED MILITARY RESERV15 IST.—The due date of any payment of principal on a direct

16 loan made to a borrower under this title that would other17 wise be required to be made while or after the borrower is

18 a mobilized military reservist is deferred for a period equal

19 in length to the period for which the borrower is a mobilized

20 military reservist.

21 ‘‘(d) NONACCRUAL OF INTEREST.—Interest on a direct

22 loan made to a borrower described in this section shall not

23 accrue during the period the borrower is a mobilized mili24 tary reservist.
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1 ‘‘(e) BORROWER NOT CONSIDERED TO BE DELIN2 QUENT OR RECEIVING DEBT FORGIVENESS.—Notwith3 standing section 373 or any other provision of this title,

4 a borrower who receives assistance under this section shall

5 not, as a result of the assistance, be considered to be delin6 quent or receiving debt forgiveness for purposes of receiving

7 a direct or guaranteed loan under this title.’’.

8 TITLE VII—HEALTH CARE

9 Subtitle A—Enhanced Benefits for

10 Reserves

11 SEC. 701. DEMONSTRATION PROJECT ON HEALTH BENE12 FITS FOR RESERVES.

13 (a) DEMONSTRATION PROJECT REQUIRED.—The Sec14 retary of Defense shall carry out a demonstration project

15 under section 1092 of title 10, United States Code, to assess

16 the need for, and feasibility of, providing benefits under the

17 TRICARE program to members of the Ready Reserve of the

18 Armed Forces who are (1) eligible unemployment com19 pensation recipients, (2) in a period of continuous unem20 ployment from the end of their last month as eligible unem21 ployment compensation recipients, or (3) ineligible for cov22 erage by employer-sponsored health benefits plans for em23 ployees.

24 (b) DEFINITION.—In this section, the term ‘‘eligible

25 unemployment compensation recipient’’ has the meaning
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1 given such term in section 1076b(j) of title 10, United

2 States Code.

3 SEC. 702. PERMANENT EARLIER ELIGIBILITY DATE FOR

4 TRICARE BENEFITS FOR MEMBERS OF RE5 SERVE COMPONENTS.

6 Section 1074(d) of title 10, United States Code, is

7 amended by striking paragraph (3).

8 SEC. 703. WAIVER OF CERTAIN DEDUCTIBLES FOR MEM9 BERS ON ACTIVE DUTY FOR A PERIOD OF

10 MORE THAN 30 DAYS.

11 Section 1095d(a) of title 10, United States Code, is

12 amended by striking ‘‘a period of less than one year’’ both

13 places that it appears and inserting ‘‘a period of more than

14 30 days’’.

15 SEC. 704. PROTECTION OF DEPENDENTS FROM BALANCE

16 BILLING.

17 Section 1079(h)(4) of title 10, United States Code, is

18 amended by adding at the end the following new subpara19 graph:

20 ‘‘(C) In the case of a member of the reserve components

21 serving on active duty for a period of more than 30 days

22 in support of a contingency operation under a provision

23 of law referred to in section 101(a)(13)(B) of this title, the

24 Secretary may pay the amount applicable under subpara-
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1 graph (B) to a dependent of such member who is referred

2 to in subparagraph (A).’’.

3 SEC. 705. PERMANENT EXTENSION OF TRANSITIONAL

4 HEALTH CARE BENEFITS AND ADDITION OF

5 REQUIREMENT FOR PRESEPARATION PHYS6 ICAL EXAMINATION.

7 (a) PERMANENT REQUIREMENT.—(1) Paragraph (3)

8 of section 1145(a) of title 10, United States Code, is amend9 ed to read as follows:

10 ‘‘(3) Transitional health care for a member under sub11 section (a) shall be available for 180 days beginning on the

12 date on which the member is separated from active duty.’’.

13 (2) The following provisions of law are repealed:

14 (A) Section 704 of the National Defense Author15 ization Act for Fiscal Year 2004 (Public Law 108–

16 136; 117 Stat. 1527; 10 U.S.C. 1145 note).

17 (B) Section 1117 of the Emergency Supple18 mental Appropriations Act for Defense and for the

19 Reconstruction of Iraq and Afghanistan, 2004 (Public

20 Law 108–106; 117 Stat. 1218; 10 U.S.C. 1145 note).

21 (b) REQUIREMENT FOR PHYSICAL EXAMINATION.—

22 Such section 1145(a), as amended by subsection (a), is fur23 ther amended by adding at the end the following new para24 graph:
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1 ‘‘(4) The Secretary concerned shall require each mem2 ber referred to in paragraph (1) to undergo a comprehensive

3 physical examination immediately before the member is

4 separated from active duty as described in paragraph (2).’’.

5 SEC. 706. EXPANDED ELIGIBILITY OF READY RESERVE MEM6 BERS UNDER TRICARE PROGRAM.

7 (a) UNCONDITIONAL ELIGIBILITY.—Subsection (a) of

8 section 1076b of title 10, United States Code, is amended

9 by striking ‘‘is eligible, subject to subsection (h), to enroll

10 in TRICARE’’ and all that follows through ‘‘an employer11 sponsored health benefits plan’’ and inserting ‘‘, except for

12 a member who is enrolled or is eligible to enroll in a health

13 benefits plan under chapter 89 of title 5, is eligible to enroll

14 in TRICARE, subject to subsection (h)’’.

15 (b) PERMANENT AUTHORITY.—Subsection (l) of such

16 section is repealed.

17 (c) CONFORMING REPEAL OF OBSOLETE PROVI18 SIONS.—Such section is further amended—

19 (1) by striking subsections (i) and (j); and

20 (2) by redesignating subsection (k) as subsection

21 (i).
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1 SEC. 707. CONTINUATION OF NON-TRICARE HEALTH BENE2 FITS PLAN COVERAGE FOR CERTAIN RE3 SERVES CALLED OR ORDERED TO ACTIVE

4 DUTY AND THEIR DEPENDENTS.

5 (a) REQUIRED CONTINUATION.—(1) Chapter 55 of

6 title 10, United States Code, is amended by inserting after

7 section 1078a the following new section:

8 ‘‘§ 1078b. Continuation of non-TRICARE health bene9 fits plan coverage for dependents of cer10 tain Reserves called or ordered to active

11 duty

12 ‘‘(a) PAYMENT OF PREMIUMS.—The Secretary con13 cerned shall pay the applicable premium to continue in

14 force any qualified health benefits plan coverage for the

15 members of the family of an eligible reserve component

16 member for the benefits coverage continuation period if

17 timely elected by the member in accordance with regulations

18 prescribed under subsection (j).

19 ‘‘(b) ELIGIBLE MEMBER; FAMILY MEMBERS.—(1) A

20 member of a reserve component is eligible for payment of

21 the applicable premium for continuation of qualified health

22 benefits plan coverage under subsection (a) while serving

23 on active duty pursuant to a call or order issued under

24 a provision of law referred to in section 101(a)(13)(B) of

25 this title during a war or national emergency declared by

26 the President or Congress.
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1 ‘‘(2) For the purposes of this section, the members of

2 the family of an eligible reserve component member include

3 only the member’s dependents described in subparagraphs

4 (A), (D), and (I) of section 1072(2) of this title.

5 ‘‘(c) QUALIFIED HEALTH BENEFITS PLAN COV6 ERAGE.—For the purposes of this section, health benefits

7 plan coverage for the members of the family of a reserve

8 component member called or ordered to active duty is quali9 fied health benefits plan coverage if—

10 ‘‘(1) the coverage was in force on the date on

11 which the Secretary notified the reserve component

12 member that issuance of the call or order was pending

13 or, if no such notification was provided, the date of

14 the call or order;

15 ‘‘(2) on such date, the coverage applied to the re16 serve component member and members of the family

17 of the reserve component member; and

18 ‘‘(3) the coverage has not lapsed.

19 ‘‘(d) APPLICABLE PREMIUM.—The applicable pre20 mium payable under this section for continuation of health

21 benefits plan coverage for the family members of a reserve

22 component member is the amount of the premium payable

23 by the member for the coverage of the family members.

24 ‘‘(e) MAXIMUM AMOUNT.—The total amount that the

25 Department of Defense may pay for the applicable premium
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1 of a health benefits plan for the family members of a reserve

2 component member under this section in a fiscal year may

3 not exceed the amount determined by multiplying—

4 ‘‘(1) the sum of one plus the number of the fam5 ily members covered by the health benefits plan, by

6 ‘‘(2) the per capita cost of providing TRICARE

7 coverage and benefits for dependents under this chap8 ter for such fiscal year, as determined by the Sec9 retary of Defense.

10 ‘‘(f) BENEFITS COVERAGE CONTINUATION PERIOD.—

11 The benefits coverage continuation period under this section

12 for qualified health benefits plan coverage for the family

13 members of an eligible reserve component member called or

14 ordered to active duty is the period that—

15 ‘‘(1) begins on the date of the call or order; and

16 ‘‘(2) ends on the earlier of—

17 ‘‘(A) the date on which the reserve compo18 nent member’s eligibility for transitional health

19 care under section 1145(a) of this title termi20 nates under paragraph (3) of such section; or

21 ‘‘(B) the date on which the reserve compo22 nent member elects to terminate the continued

23 qualified health benefits plan coverage of the

24 member’s family members.
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1 ‘‘(g) EXTENSION OF PERIOD OF COBRA COVERAGE.—

2 Notwithstanding any other provision of law—

3 ‘‘(1) any period of coverage under a COBRA

4 continuation provision (as defined in section

5 9832(d)(1) of the Internal Revenue Code of 1986) for

6 an eligible reserve component member under this sec7 tion shall be deemed to be equal to the benefits cov8 erage continuation period for such member under this

9 section; and

10 ‘‘(2) with respect to the election of any period of

11 coverage under a COBRA continuation provision (as

12 so defined), rules similar to the rules under section

13 4980B(f)(5)(C) of such Code shall apply.

14 ‘‘(h) NONDUPLICATION OF BENEFITS.—A member of

15 the family of a reserve component member who is eligible

16 for benefits under qualified health benefits plan coverage

17 paid on behalf of the reserve component member by the Sec18 retary concerned under this section is not eligible for bene19 fits under the TRICARE program during a period of the

20 coverage for which so paid.

21 ‘‘(i) REVOCABILITY OF ELECTION.—A reserve compo22 nent member who makes an election under subsection (a)

23 may revoke the election. Upon such a revocation, the mem24 ber’s family members shall become eligible for benefits under

25 the TRICARE program as provided for under this chapter.
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1 ‘‘(j) REGULATIONS.—The Secretary of Defense shall

2 prescribe regulations for carrying out this section. The regu3 lations shall include such requirements for making an elec4 tion of payment of applicable premiums as the Secretary

5 considers appropriate.’’.

6 (2) The table of sections at the beginning of such chap7 ter is amended by inserting after the item relating to section

8 1078a the following new item:

‘‘1078b. Continuation of non-TRICARE health benefits plan coverage for dependents of certain Reserves called or ordered to active duty.’’.

9 (b) APPLICABILITY.—Section 1078b of title 10, United

10 States Code (as added by subsection (a)), shall apply with

11 respect to calls or orders of members of reserve components

12 of the Armed Forces to active duty as described in sub13 section (b) of such section, that are issued by the Secretary

14 of a military department before, on, or after the date of

15 the enactment of this Act, but only with respect to qualified

16 health benefits plan coverage (as described in subsection (c)

17 of such section) that is in effect on or after the date of the

18 enactment of this Act.

19 Subtitle B—Other Matters

20 SEC. 711. REPEAL OF REQUIREMENT FOR PAYMENT OF SUB21 SISTENCE CHARGES WHILE HOSPITALIZED.

22 (a) REPEAL.—Section 1075 of title 10, United States

23 Code, is repealed.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 55 of such title is amended by

3 striking the item relating to section 1075.

4 SEC. 712. OPPORTUNITY FOR YOUNG CHILD DEPENDENT OF

5 DECEASED MEMBER TO BECOME ELIGIBLE

6 FOR ENROLLMENT IN A TRICARE DENTAL

7 PLAN.

8 Section 1076a(k)(2) of title 10, United States Code, is

9 amended—

10 (1) by striking ‘‘under subsection (a) or’’ and in11 serting ‘‘under subsection (a),’’; and

12 (2) by inserting after ‘‘under subsection (f),’’ the

13 following: ‘‘or is not enrolled because the dependent is

14 a child under the minimum age for enrollment,’’.

15 SEC. 713. PEDIATRIC DENTAL PRACTICE NECESSARY FOR

16 PROFESSIONAL ACCREDITATION.

17 Section 1077(c) of title 10, United States Code, is

18 amended—

19 (1) by striking ‘‘A dependent’’ and inserting ‘‘(1)

20 Except as specified in paragraph (2), a dependent’’;

21 and

22 (2) by adding at the end the following new para23 graph:

24 ‘‘(2)(A) Dependents 12 years of age or younger who

25 are covered by a dental plan under section 1076a of this
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1 title may be treated by postgraduate dental students in a

2 dental treatment facility of the uniformed services accred3 ited by the American Dental Association under a graduate

4 dental education program accredited by the American Den5 tal Association if—

6 ‘‘(i) treatment of pediatric dental patients is

7 necessary in order to satisfy an accreditation stand8 ard of the American Dental Association that is appli9 cable to such facility or program, or training in pedi10 atric dental care is necessary for the students to be

11 professionally qualified to provide dental care for de12 pendent children accompanying members of the uni13 formed services outside the United States; and

14 ‘‘(ii) the caseload of pediatric patients at such

15 facility is insufficient to support satisfaction of the

16 accreditation or professional requirements in pedi17 atric dental care that apply to such facility, program,

18 or students.

19 ‘‘(B) The total number of dependents treated in all fa20 cilities of the uniformed services under subparagraph (A)

21 in a fiscal year may not exceed 2,000.’’.

22 SEC. 714. SERVICES OF MARRIAGE AND FAMILY THERA23 PISTS.

24 (a) AUTHORITY TO ENTER INTO PERSONAL SERVICES

25 CONTRACTS.—Section 704(c)(2) of the National Defense
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1 Authorization Act for Fiscal Year 1995 (Public Law 103–

2 337; 108 Stat. 2799; 10 U.S.C. 1091 note) is amended by

3 inserting ‘‘marriage and family therapists certified as such

4 by a certification recognized by the Secretary of Defense,’’

5 after ‘‘psychologists,’’.

6 (b) APPLICABILITY OF LICENSURE REQUIREMENT FOR

7 HEALTH-CARE PROFESSIONALS.—Section 1094(e)(2) of

8 title 10, United States Code, is amended by inserting ‘‘mar9 riage and family therapist certified as such by a certifi10 cation recognized by the Secretary of Defense,’’ after ‘‘psy11 chologist,’’.

12 SEC. 715. CHIROPRACTIC HEALTH CARE BENEFITS ADVI13 SORY COMMITTEE.

14 (a) ESTABLISHMENT.—Not later than 30 days after

15 the date of the enactment of this Act, the Secretary of De16 fense shall establish an oversight advisory committee to pro17 vide the Secretary with advice and recommendations re18 garding the continued development and implementation of

19 an effective program of chiropractic health care benefits for

20 members of the uniformed services on active duty.

21 (b) MEMBERSHIP.—The advisory committee shall be

22 composed of members selected from among persons who, by

23 reason of education, training, and experience, are experts

24 in chiropractic health care, as follows:
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1 (1) Members appointed by the Secretary of De2 fense in such number as the Secretary determines ap3 propriate for carrying out the duties of the advisory

4 committee effectively.

5 (2) A representative of each of the Armed Forces,

6 as designated by the Secretary of the military depart7 ment concerned.

8 (c) CHAIRMAN.—The Secretary of Defense shall des9 ignate one member of the advisory committee to serve as

10 the Chairman of the advisory committee.

11 (d) MEETINGS.—The advisory committee shall meet at

12 the call of the Chairman, but not fewer than three times

13 each fiscal year, beginning in fiscal year 2005.

14 (e) DUTIES.—The advisory committee shall have the

15 following duties:

16 (1) Review and evaluate the program of chiro17 practic health care benefits provided to members of

18 the uniformed services on active duty under chapter

19 55 of title 10, United States Code.

20 (2) Provide the Secretary of Defense with advice

21 and recommendations as described in subsection (a).

22 (3) Upon the Secretary’s determination that the

23 program of chiropractic health care benefits referred

24 to in paragraph (1) has been fully implemented, pre25 pare and submit to the Secretary a report containing
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1 the advisory committee’s evaluation of such program

2 as implemented.

3 (f) APPLICABILITY OF TEMPORARY ORGANIZATIONS

4 LAW.—(1) Section 3161 of title 5, United States Code, shall

5 apply to the advisory committee under this section.

6 (2) The Federal Advisory Committee Act (5 U.S.C.

7 App.) shall not apply to the oversight advisory committee

8 under this section.

9 (g) TERMINATION.—The advisory committee shall ter10 minate 90 days after the date on which the committee sub11 mits the report to the Secretary of Defense under subsection

12 (e)(3).

13 SEC. 716. GROUNDS FOR PRESIDENTIAL WAIVER OF RE14 QUIREMENT FOR INFORMED CONSENT OR

15 OPTION TO REFUSE REGARDING ADMINIS16 TRATION OF DRUGS NOT APPROVED FOR

17 GENERAL USE.

18 (a) INVESTIGATIONAL NEW DRUGS.—Section 1107(f)

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

20 (1) in paragraph (1), by striking ‘‘obtaining

21 consent—’’ and all that follows through ‘‘(C) is’’ and

22 inserting ‘‘obtaining consent is’’; and

23 (2) by striking paragraph (2) and inserting the

24 following new paragraph:
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1 ‘‘(2) The waiver authority provided in paragraph (1)

2 shall not be construed to apply to any case other than a

3 case in which prior consent for administration of a par4 ticular drug is required by reason of a determination by

5 the Secretary of Health and Human Services that such drug

6 is subject to the investigational new drug requirements of

7 section 505(i) of the Federal Food, Drug, and Cosmetic

8 Act.’’.

9 (b) EMERGENCY USE DRUGS.—Section 1107a(a) of

10 such title is amended—

11 (1) by inserting ‘‘(A)’’ after ‘‘PRESIDENT.—(1)’’;

12 (2) by striking ‘‘is not feasible,’’ and all that fol13 lows through ‘‘members affected, or’’; and

14 (3) by adding at the end the following new sub15 paragraph:

16 ‘‘(B) The waiver authority provided in subparagraph

17 (A) shall not be construed to apply to any case other than

18 a case in which an individual is required to be informed

19 of an option to accept or refuse administration of a par20 ticular product by reason of a determination by the Sec21 retary of Health and Human Services that emergency use

22 of such product is authorized under section 564 of the Fed23 eral Food, Drug, and Cosmetic Act.’’.
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1 SEC. 717. ELIGIBILITY OF CADETS AND MIDSHIPMEN FOR

2 MEDICAL AND DENTAL CARE AND DISABILITY

3 BENEFITS.

4 (a) MEDICAL AND DENTAL CARE.—(1) Chapter 55 of

5 title 10, United States Code, is amended by inserting after

6 section 1074a the following new section:

7 ‘‘§ 1074b. Medical and dental care: cadets and mid8 shipmen

9 ‘‘(a) ELIGIBILITY.—Under joint regulations prescribed

10 by the administering Secretaries, the following persons are,

11 except as provided in subsection (c), entitled to the benefits

12 described in subsection (b):

13 ‘‘(1) A cadet at the United States Military Acad14 emy, the United States Air Force Academy, or the

15 Coast Guard Academy, and a midshipman at the

16 United States Naval Academy, who incurs or aggra17 vates an injury, illness, or disease in the line of duty.

18 ‘‘(2) Each member of, and each designated appli19 cant for membership in, the Senior Reserve Officers’

20 Training Corps who incurs or aggravates an injury,

21 illness, or disease in the line of duty while performing

22 duties under section 2109 of this title.

23 ‘‘(b) BENEFITS.—A person eligible for benefits in sub24 section (a) for an injury, illness, or disease is entitled to—

25 ‘‘(1) the medical and dental care under this

26 chapter that is appropriate for the treatment of the
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1 injury, illness, or disease until the injury, illness, dis2 ease, or any resulting disability cannot be materially

3 improved by further hospitalization or treatment; and

4 ‘‘(2) meals during hospitalization.

5 ‘‘(c) EXCEPTION.—A person is not entitled to benefits

6 under subsection (b) for an injury, illness, or disease, or

7 the aggravation of an injury, illness, or disease that is a

8 result of the gross negligence or the misconduct of that per9 son.’’.

10 (2) The table of sections at the beginning of such chap11 ter is amended by inserting after the item relating to section

12 1074a the following new item:

‘‘1074b. Medical and dental care: cadets and midshipmen of the service academies.’’.

13 (b) ELIGIBILITY OF ACADEMY CADETS AND MID14 SHIPMEN FOR DISABILITY RETIRED PAY.—(1)(A) Section

15 1217 of title 10, United States Code, is amended to read

16 as follows:

17 ‘‘§ 1217. Cadets, midshipmen, and aviation cadets: ap18 plicability of chapter

19 ‘‘(a) This chapter applies to cadets at the United

20 States Military Academy, the United States Air Force

21 Academy, and the United States Coast Guard Academy and

22 midshipmen of the United States Naval Academy.

23 ‘‘(b) Monthly cadet pay and monthly midshipman pay

24 under section 203(c) of title 37 shall be considered to be
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1 basic pay for purposes of this chapter and the computation

2 of retired pay and severance and separation pay to which

3 entitlement is established under this chapter.’’.

4 (B) The item related to section 1217 in the table of

5 sections at the beginning of chapter 61 of such title is

6 amended to read as follows:

‘‘1217. Cadets, midshipmen, and aviation cadets: applicability of chapter.’’.

7 (2) The amendments made by paragraph (1) shall take

8 effect on October 1, 2004.

9 SEC. 718. CONTINUATION OF SUB-ACUTE CARE FOR TRANSI10 TION PERIOD.

11 Section 1074j(b) of title 10, United States Code, is

12 amended by adding at the end the following new paragraph:

13 ‘‘(4) The Secretary of Defense may take such actions

14 as are necessary to ensure that there is an effective transi15 tion in the furnishing of part-time or intermittent home

16 health care benefits for covered beneficiaries who were re17 ceiving such benefits before the establishment of the program

18 under this section. The actions taken under this paragraph

19 may include the continuation of such benefits on an ex20 tended basis for such time as the Secretary determines ap21 propriate.’’.
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1 SEC. 719. TEMPORARY AUTHORITY FOR WAIVER OF COLLEC2 TION OF PAYMENTS DUE FOR CHAMPUS BEN3 EFITS RECEIVED BY DISABLED PERSONS UN4 AWARE OF LOSS OF CHAMPUS ELIGIBILITY.

5 (a) AUTHORITY TO WAIVE DEBT.—(1) The Secretary

6 of Defense, in consultation with the other administering

7 Secretaries, may waive (in whole or in part) the collection

8 of payments otherwise due from a person described in sub9 section (b) for health benefits received by such person under

10 section 1086 of title 10, United States Code, after the termi11 nation of that person’s eligibility for such benefits.

12 (2) If the Secretary of Defense waives collection of pay13 ments from a person under paragraph (1), the Secretary

14 may also authorize a continuation of benefits for such per15 son under such section 1086 for a period ending not later

16 than the end of the period specified in subsection (c) of this

17 section.

18 (b) ELIGIBLE PERSONS.—A person is eligible for relief

19 under subsection (a)(1) if—

20 (1) the person is described in paragraph (1) of

21 subsection (d) of section 1086 of title 10, United

22 States Code;

23 (2) except for such paragraph, the person would

24 have been eligible for the health benefits under such

25 section; and

26 (3) at the time of the receipt of such benefits—
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1 (A) the person satisfied the criteria specified

2 in paragraph (2)(B) of such subsection (d); and

3 (B) the person was unaware of the loss of

4 eligibility to receive the health benefits.

5 (c) PERIOD OF APPLICABILITY.—The authority pro6 vided under this section to waive collection of payments and

7 to continue benefits shall apply, under terms and conditions

8 prescribed by the Secretary of Defense, to health benefits

9 provided under section 1086 of title 10, United States Code,

10 during the period beginning on July 1, 1999, and ending

11 at the end of December 31, 2004.

12 (d) CONSULTATION WITH OTHER ADMINISTERING

13 SECRETARIES.—(1) The Secretary of Defense shall consult

14 with the other administering Secretaries in exercising the

15 authority provided in this section.

16 (2) In this subsection, the term ‘‘administering Secre17 taries’’ has the meaning given such term in section 1072(3)

18 of title 10, United States Code.

19 SEC. 720. VACCINE HEALTHCARE CENTERS NETWORK.

20 Section 1110 of title 10, United States Code, is amend21 ed by adding at the end the following:

22 ‘‘(c) VACCINE HEALTHCARE CENTERS NETWORK.—(1)

23 The Secretary shall carry out this section through the Vac24 cine Healthcare Centers Network as established by the Sec-
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1 retary in collaboration with the Director of the Centers for

2 Disease Control and Prevention.

3 ‘‘(2) In addition to conducting the activities described

4 in subsection (b), it shall be the purpose of the Vaccine

5 Healthcare Centers Network to improve—

6 ‘‘(A) the safety and quality of vaccine adminis7 tration for the protection of members of the armed

8 forces;

9 ‘‘(B) the submission of data to the Vaccine-re10 lated Adverse Events Reporting System to include

11 comprehensive content and follow-up data;

12 ‘‘(C) the access to clinical management services

13 to members of the armed forces who experience vac14 cine adverse events;

15 ‘‘(D) the knowledge and understanding by mem16 bers of the armed forces and vaccine-providers of im17 munization benefits and risks.

18 ‘‘(E) networking between the Department of De19 fense, the Department of Health and Human Services,

20 the Department of Veterans Affairs, and private advo21 cacy and coalition groups with regard to immuniza22 tion benefits and risks; and

23 ‘‘(F) clinical research on the safety and efficacy

24 of vaccines.
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1 ‘‘(3) To achieve the purposes described in paragraph

2 (2), the Vaccine Healthcare Centers Network, in collabora3 tion with the medical departments of the armed forces, shall

4 carry out the following:

5 ‘‘(A)(i) Establish a network of centers of excel6 lence in clinical immunization safety assessment that

7 provides for outreach, education, and confidential

8 consultative and direct patient care services for vac9 cine related adverse events prevention, diagnosis,

10 treatment and follow-up with respect to members of

11 the armed services.

12 ‘‘(ii) Such centers shall provide expert second

13 opinions for such members regarding medical exemp14 tions under this section and for additional care that

15 is not available at the local medical facilities of such

16 members.

17 ‘‘(B) Develop standardized educational outreach

18 activities to support the initial and ongoing provision

19 of training and education for providers and nursing

20 personnel who are engaged in delivering immuniza21 tion services to the members of the armed forces.

22 ‘‘(C) Develop a program for quality improve23 ment in the submission and understanding of data

24 that is provided to the Vaccine-related Adverse Events
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1 Reporting System, particularly among providers and

2 members of the armed forces.

3 ‘‘(D) Develop and standardize a quality im4 provement program for the Department of Defense re5 lating to immunization services.

6 ‘‘(E) Develop an effective network system, with

7 appropriate internal and external collaborative ef8 forts, to facilitate integration, educational outreach,

9 research, and clinical management of adverse vaccine

10 events.

11 ‘‘(F) Provide education and advocacy for vaccine

12 recipients to include access to vaccine safety pro13 grams, medical exemptions, and quality treatment.

14 ‘‘(G) Support clinical studies with respect to the

15 safety and efficacy of vaccines, including outcomes

16 studies on the implementation of recommendations

17 contained in the clinical guidelines for vaccine-related

18 adverse events.

19 ‘‘(H) Develop implementation recommendations

20 for vaccine exemptions or alternative vaccine strate21 gies for members of the armed forces who have had

22 prior, or who are susceptible to, serious adverse

23 events, including those with genetic risk factors, and

24 the discovery of treatments for adverse events that are

25 most effective.
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1 ‘‘(4) It is the sense of the Senate—

2 ‘‘(A) to recognize the important work being done

3 by the Vaccine Healthcare Center Network for the

4 members of the armed forces; and

5 ‘‘(B) that each of the military departments (as

6 defined in section 102 of title 5, United States Code)

7 is strongly encouraged to fund the Vaccine Healthcare

8 Center Network.’’.

9 SEC. 721. USE OF DEPARTMENT OF DEFENSE FUNDS FOR

10 ABORTIONS IN CASES OF RAPE AND INCEST.

11 Section 1093(a) of title 10, United States Code, is

12 amended by inserting before the period at the end the fol13 lowing: ‘‘ or in a case in which the pregnancy is the result

14 of an act of rape or incest’’.

15 TITLE VIII—ACQUISITION POL16 ICY, ACQUISITION MANAGE17 MENT, AND RELATED MAT18 TERS

19 Subtitle A—Acquisition Policy and

20 Management

21 SEC. 801. RESPONSIBILITIES OF ACQUISITION EXECUTIVES

22 AND CHIEF INFORMATION OFFICERS UNDER

23 THE CLINGER-COHEN ACT.

24 (a) ACQUISITIONS OF INFORMATION TECHNOLOGY

25 EQUIPMENT INTEGRAL TO A WEAPON OR WEAPON SYS-
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1 TEM.—(1) Chapter 131 of title 10, United States Code, is

2 amended by inserting after section 2223 the following:

3 ‘‘§ 2223a. Acquisition of information technology

4 equipment integral to a weapon or a

5 weapon system

6 ‘‘(a) RESPONSIBILITIES OF ACQUISITION EXECU7 TIVES.—The acquisition executive of each military depart8 ment shall be responsible for ensuring that, with regard to

9 a weapon or weapon system acquired or to be acquired by

10 or for that military department—

11 ‘‘(1) the acquisition of information technology

12 equipment that is integral to the weapon or a weapon

13 system is conducted in a manner that is consistent

14 with the capital planning, investment control, and

15 performance and results-based management processes

16 and requirements provided under sections 11302,

17 11303, 11312, and 11313 of title 40, to the extent that

18 such processes requirements are applicable to the ac19 quisition of such equipment;

20 ‘‘(2) issues of spectrum availability, interoper21 ability, and information security are appropriately

22 addressed in the development of the weapon or weap23 on system; and

24 ‘‘(3) in the case of information technology equip25 ment that is to be incorporated into a weapon or a
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1 weapon system under a major defense acquisition

2 program, the information technology equipment is in3 corporated in a manner that is consistent with—

4 ‘‘(A) the planned approach to applying cer5 tain provisions of law to major defense acquisi6 tion programs following the evolutionary acqui7 sition process that the Secretary of Defense re8 ported to Congress under section 802 of the Bob

9 Stump National Defense Authorization Act for

10 Fiscal Year 2003 (Public Law 107–314; 116

11 Stat. 2602);

12 ‘‘(B) the acquisition policies that apply to

13 spiral development programs under section 803

14 of such Act (116 Stat. 2603; 10 U.S.C. 2430

15 note); and

16 ‘‘(C) the software acquisition processes of

17 the military department or Defense Agency con18 cerned under section 804 of such Act (116 Stat.

19 2604; 10 U.S.C. 2430 note).

20 ‘‘(b) BOARD OF SENIOR ACQUISITION OFFICIALS.—(1)

21 The Secretary of Defense shall establish a board of senior

22 acquisition officials to develop policy and provide oversight

23 on the implementation of the requirements of this section

24 and chapter 113 of title 40 in procurements of information
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1 technology equipment that is integral to a weapon or a

2 weapon system.

3 ‘‘(2) The board shall be composed of the following offi4 cials:

5 ‘‘(A) The Under Secretary of Defense for Acquisi6 tion, Technology, and Logistics, who shall be the

7 Chairman.

8 ‘‘(B) The acquisition executives of the military

9 departments.

10 ‘‘(C) The Chief Information Officer of the De11 partment of Defense.

12 ‘‘(3) Any question regarding whether information tech13 nology equipment is integral to a weapon or weapon system

14 shall be resolved by the board in accordance with policies

15 established by the board.

16 ‘‘(c) INAPPLICABILITY OF OTHER LAWS.—The fol17 lowing provisions of law do not apply to information tech18 nology equipment that is integral to a weapon or a weapon

19 system:

20 ‘‘(1) Section 11315 of title 40.

21 ‘‘(2) The policies and procedures established

22 under section 11316 of title 40.

23 ‘‘(3) Subsections (d) and (e) of section 811 of the

24 Floyd D. Spence National Defense Authorization Act

25 for Fiscal Year 2001 (as enacted into law by Public
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1 Law 106–398; 114 Stat. 1654A–211), and the re2 quirements and prohibitions that are imposed by De3 partment of Defense Directive 5000.1 pursuant to

4 subsections (b) and (c) of such section.

5 ‘‘(4) Section 351 of the Bob Stump National De6 fense Authorization Act for Fiscal Year 2003 (Public

7 Law 107–314; 116 Stat. 2516; 10 U.S.C. 221 note).

8 ‘‘(d) DEFINITIONS.—In this section:

9 ‘‘(1) The term ‘acquisition executive’, with re10 spect to a military department, means the official

11 who is designated as the senior procurement executive

12 of the military department under section 16(3) of the

13 Office of Federal Procurement Policy Act (41 U.S.C.

14 414(3)).

15 ‘‘(2) The term ‘information technology’ has the

16 meaning given such term in section 11101 of title 40.

17 ‘‘(3) The term ‘major defense acquisition pro18 gram’ has the meaning given such term in section

19 2430 of this title.’’.

20 (2) The table of sections at the beginning of such chap21 ter is amended by inserting after the item relating to section

22 2223 the following new item:

‘‘2223a. Acquisition of information technology equipment integral to a weapon or

a weapon system.’’.

23 (b) CONFORMING AMENDMENTS.—Section 2223 of such

24 title is amended—
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1 (1) by redesignating subsection (c) as subsection

2 (d); and

3 (2) by inserting after subsection (b) the following

4 new subsection (c):

5 ‘‘(c) EQUIPMENT INTEGRAL TO A WEAPON OR WEAPON

6 SYSTEM.—(1) In the case of information technology equip7 ment that is integral to a weapon or weapon system ac8 quired or to be acquired by or for a military department,

9 the responsibilities under this section shall be performed by

10 the acquisition executive of that military department pur11 suant to the guidance and oversight of the board of senior

12 acquisition officials established under section 2223a(b) of

13 this title.

14 ‘‘(2) In this subsection, the term ‘acquisition executive’

15 has the meaning given said term in section 2223a(d) of this

16 title.’’.

17 SEC. 802. SOFTWARE-RELATED PROGRAM COSTS UNDER

18 MAJOR DEFENSE ACQUISITION PROGRAMS.

19 (a) CONTENT OF QUARTERLY UNIT COST REPORT.—

20 Subsection (b) of section 2433 of title 10, United States

21 Code, is amended by adding at the end the following new

22 paragraph:

23 ‘‘(5) Any significant changes in the total pro24 gram cost for development and procurement of the

25 software component of the program, schedule mile-
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1 stones for the software component of the program, or

2 expected performance for the software component of

3 the program that are known, expected, or anticipated

4 by the program manager.’’.

5 (b) CONTENT OF SELECTED ACQUISITION REPORT.—

6 (1) Subsection (g)(1) of such section is amended by adding

7 at the end the following new subparagraph:

8 ‘‘(Q) In any case in which one or more problems

9 with the software component of the program signifi10 cantly contributed to the increase in program unit

11 costs, the action taken and proposed to be taken to

12 solve such problems.’’.

13 (2) Section 2432(e) of title 10, United States Code, is

14 amended—

15 (A) by redesignating paragraphs (7), (8), and

16 (9), as paragraphs (8), (9) and (10), respectively; and

17 (B) by inserting after paragraph (6) the fol18 lowing new paragraph (7):

19 ‘‘(7) The reasons for any significant changes

20 (from the previous Selected Acquisition Report) in the

21 total program cost for development and procurement

22 of the software component of the program, schedule

23 milestones for the software component of the program,

24 or expected performance for the software component of
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1 the program that are known, expected, or anticipated

2 by the program manager.’’.

3 (c) EFFECTIVE DATE.—The amendments made by this

4 section shall take effect on October 1, 2004, and shall apply

5 with respect to reports due to be submitted to Congress on

6 or after such date.

7 SEC. 803. INTERNAL CONTROLS FOR DEPARTMENT OF DE8 FENSE PURCHASES THROUGH GSA CLIENT

9 SUPPORT CENTERS.

10 (a) LIMITATION.—No official of the Department of De11 fense may place an order for, make a purchase of, or other12 wise procure property or services in an amount in excess

13 of $100,000 through any particular GSA Client Support

14 Center until the Inspector General of the Department of De15 fense has, after the date of the enactment of this Act—

16 (1) reviewed the policies, procedures, and inter17 nal controls of such Client Support Center in con18 sultation with the Inspector General of the General

19 Services Administration; and

20 (2) certified in writing to the Secretary of De21 fense and the Administrator of General Services that

22 such policies, procedures, and internal controls are

23 adequate to ensure the compliance of such Client Sup24 port Center with the requirements of law and regula-
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1 tions that are applicable to orders, purchases, and

2 other procurements of property and services.

3 (b) GSA CLIENT SUPPORT CENTER DEFINED.—In

4 this section, the term ‘‘GSA Client Support Center’’ means

5 a Client Support Center of the Federal Technology Service

6 of the General Services Administration.

7 (c) EFFECTIVE DATE AND APPLICABILITY.—This sec8 tion shall take effect on the date of the enactment of this

9 Act and shall apply with respect to orders, purchases, and

10 other procurements that are initiated by the Department

11 of Defense with a GSA Client Support Center on or after

12 such date.

13 SEC. 804. DEFENSE COMMERCIAL SATELLITE SERVICES

14 PROCUREMENT PROCESS.

15 (a) REQUIREMENT FOR DETERMINATION.—The Sec16 retary of Defense shall review alternative mechanisms for

17 procuring commercial satellite services and provide guid18 ance to the Director of the Defense Information Systems

19 Agency and the Secretaries of the military departments on

20 how such procurements should be conducted. The alternative

21 procurement mechanisms reviewed by the Secretary of De22 fense shall, at a minimum, include the following:

23 (1) Procurement under indefinite delivery, in24 definite quantity contracts of the Federal Technology

25 Service of the General Services Administration.
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1 (2) Procurement directly from commercial

2 sources that are qualified as described in subsection

3 (b), using full and open competition (as defined in

4 section 4(6) of the Office of Federal Procurement Pol5 icy Act (41 U.S.C. 403(6))).

6 (3) Procurement by any other means that has

7 been used by the Director of the Defense Information

8 Systems Agency or the Secretary of a military de9 partment to enter into a contract for the procurement

10 of commercial satellite services that is in force on the

11 date of the enactment of this Act.

12 (b) QUALIFIED SOURCES.—A source of commercial

13 satellite services referred to in paragraph (2) of subsection

14 (a) is a qualified source if the source is incorporated under

15 the laws of a State of the United States and is either—

16 (1) a source of commercial satellite services

17 under a Federal Technology Service contract for the

18 procurement of commercial satellite services described

19 in paragraph (1) of such subsection that is in force

20 on the date of the enactment of this Act; or

21 (2) a source of commercial satellite services that

22 meets qualification requirements (as defined in sec23 tion 2319 of title 10, United States Code, and estab24 lished in accordance with that section) to enter into
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1 a Federal Technology Service contract for the procure2 ment of commercial satellite services.

3 (c) REPORT.—Not later than April 30, 2005, the Sec4 retary of Defense shall submit to Congress a report setting

5 forth the conclusions resulting from the Secretary’s review

6 under subsection (a). The report shall include—

7 (1) the guidance provided under such subsection;

8 and

9 (2) a discussion of the rationale for that guid10 ance.

11 SEC. 805. REVISION AND EXTENSION OF AUTHORITY FOR

12 ADVISORY PANEL ON REVIEW OF GOVERN13 MENT PROCUREMENT LAWS AND REGULA14 TIONS.

15 (a) RELATIONSHIP OF RECOMMENDATIONS TO SMALL

16 BUSINESSES.—Section 1423 of the National Defense Au17 thorization Act for Fiscal Year 2004 (Public Law 106–136;

18 117 Stat. 1669; 41 U.S.C. 405 note) is amended—

19 (1) by redesignating subsection (d) as subsection

20 (e); and

21 (2) by inserting after subsection (c) the following

22 new subsection (d):

23 ‘‘(d) ISSUES RELATING TO SMALL BUSINESSES.—In

24 developing recommendations under subsection (c)(2), the

25 panel shall—
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1 ‘‘(1) consider the effects of its recommendations

2 on small business concerns; and

3 ‘‘(2) include any recommended modifications of

4 laws, regulations, and policies that the panel con5 siders necessary to enhance and ensure competition in

6 contracting that affords small business concerns

7 meaningful opportunity to participate in Federal

8 Government contracts.’’.

9 (b) REVISION AND EXTENSION OF REPORTING RE10 QUIREMENT.—Section 1423(d) of the National Defense Au11 thorization Act for Fiscal Year 2004 (Public Law 108–136;

12 117 Stat. 1669; 41 U.S.C. 405 note) is amended—

13 (1) by striking ‘‘one year after the establishment

14 of the panel’’ and inserting ‘‘one year after the date

15 of the enactment of the National Defense Authoriza16 tion Act for Fiscal Year 2005’’;

17 (2) by striking ‘‘Services and’’ both places it ap18 pears and inserting ‘‘Services,’’;

19 (3) by inserting ‘‘, and Small Business’’ after

20 ‘‘Government Reform’’; and

21 (4) by inserting ‘‘, and Small Business and En22 trepreneurship’’ after ‘‘Governmental Affairs’’.
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1 Subtitle B—General Contracting

2 Authorities, Procedures, and

3 Limitations, and Other Matters

4 SEC. 811. INCREASED THRESHOLDS FOR APPLICABILITY OF

5 CERTAIN REQUIREMENTS.

6 (a) SENIOR PROCUREMENT EXECUTIVE APPROVAL OF

7 USE OF PROCEDURES OTHER THAN COMPETITIVE PROCE8 DURES.—Section 2304(f)(1)(B) of title 10, United States

9 Code, is amended by striking ‘‘$50,000,000’’ both places it

10 appears and inserting ‘‘$75,000,000’’.

11 (b) INFORMATION ON SUBCONTRACTING AUTHORITY

12 OF DEFENSE CONTRACTOR PERSONNEL.—Section 2416(d)

13 of such title is amended by striking ‘‘$500,000’’ and insert14 ing ‘‘$1,000,000’’.

15 SEC. 812. PERIOD FOR MULTIYEAR TASK AND DELIVERY

16 ORDER CONTRACTS.

17 (a) REVISED MAXIMUM PERIOD.—Section 2304a(f) of

18 title 10, United States Code, is amended by striking ‘‘a total

19 period of not more than five years.’’ and inserting ‘‘any

20 period up to five years and may extend the contract period

21 for one or more successive periods pursuant to an option

22 provided in the contract or a modification of the contract.

23 The total contract period as extended may not exceed eight

24 years unless such head of an agency personally determines
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1 in writing that exceptional circumstances necessitate a

2 longer contract period.’’.

3 (b) ANNUAL REPORT.—Not later than 60 days after

4 the end of each of fiscal years 2005 through 2009, the Sec5 retary of Defense shall submit to Congress a report setting

6 forth each extension of a contract period to a total of more

7 than eight years that was granted for task and delivery

8 order contracts of the Department of Defense during such

9 fiscal year under section 2304a(f) of title 10, United States

10 Code. The report shall include, with respect to each such

11 contract period extension—

12 (1) a discussion of the exceptional circumstances

13 on which the extension was based; and

14 (2) the justification for the determination of ex15 ceptional circumstances.

16 SEC. 813. SUBMISSION OF COST OR PRICING DATA ON NON17 COMMERCIAL MODIFICATIONS OF COMMER18 CIAL ITEMS.

19 (a) INAPPLICABILITY OF COMMERCIAL ITEMS EXCEP20 TION TO NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL

21 ITEMS.—Subsection (b) of section 2306a of title 10, United

22 States Code, is amended by adding at the end the following

23 new paragraph:

24 ‘‘(3) NONCOMMERCIAL MODIFICATIONS OF COM25 MERCIAL ITEMS.—(A) The exception in paragraph
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1 (1)(B) does not apply to cost or pricing data on non2 commercial modifications of a commercial item that

3 are expected to cost, in the aggregate, more than

4 $500,000.

5 ‘‘(B) In this paragraph, the term ‘noncommer6 cial modification’, with respect to a commercial item,

7 means a modification of such item that is not a

8 modification described in section 4(12)(C)(i) of the

9 Office of Federal Procurement Policy Act (41 U.S.C.

10 403(12)(C)(i)).

11 ‘‘(C) Nothing in subparagraph (A) shall be

12 construed—

13 ‘‘(i) to limit the applicability of the excep14 tion in subparagraph (A) or (C) of paragraph

15 (1) to cost or pricing data on a noncommercial

16 modification of a commercial item; or

17 ‘‘(ii) to require the submission of cost or

18 pricing data on any aspect of an acquisition of

19 a commercial item other than the cost and pric20 ing of noncommercial modifications of such

21 item.’’.

22 (b) EFFECTIVE DATE AND APPLICABILITY.—Para23 graph (3) of section 2306a of title 10, United States Code

24 (as added by subsection (a)), shall take effect on January

25 1, 2005, and shall apply with respect to offers submitted,
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1 and to modifications of contracts or subcontracts made, on

2 or after that date.

3 SEC. 814. DELEGATIONS OF AUTHORITY TO MAKE DETER4 MINATIONS RELATING TO PAYMENT OF DE5 FENSE CONTRACTORS FOR BUSINESS RE6 STRUCTURING COSTS.

7 Section 2325(a)(2) of title 10, United States Code, is

8 amended—

9 (1) by striking ‘‘paragraph (1) to an official’’

10 and all that follows and inserting ‘‘paragraph (1),

11 with respect to a business combination, to an official

12 of the Department of Defense—’’; and

13 (2) by adding at the end the following:

14 ‘‘(A) below the level of an Assistant Secretary of

15 Defense for cases in which the amount of restruc16 turing costs is expected to exceed $25,000,000 over a

17 5-year period; or

18 ‘‘(B) below the level of the Director of the Defense

19 Contract Management Agency for all other cases.’’.

20 SEC. 815. LIMITATION REGARDING SERVICE CHARGES IM21 POSED FOR DEFENSE PROCUREMENTS MADE

22 THROUGH CONTRACTS OF OTHER AGENCIES.

23 (a) LIMITATION.—(1) Chapter 141 of title 10, United

24 States Code, is amended by inserting after section 2382 the

25 following new section 2383:
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1 ‘‘§ 2383. Procurements through contracts of other

2 agencies: service charges

3 ‘‘(a) LIMITATION.—The head of an agency may not

4 procure goods or services (under section 1535 of title 31,

5 pursuant to a designation under section 11302(e) of title

6 40, or otherwise) through a contract entered into by an

7 agency outside the Department of Defense if the amount

8 charged such head of an agency by the contracting agency

9 for the goods or services includes a service charge in a total

10 amount that exceeds one percent of the amount charged by

11 the contractor for such goods or services under the contract.

12 ‘‘(b) WAIVER AUTHORITY.—(1) The appropriate offi13 cial of the Department of Defense may waive the limitation

14 in subsection (a) in the case of any procurement for which

15 that official determines that it is in the national security

16 interests of the United States to do so.

17 ‘‘(2) The appropriate official for exercise of the waiver

18 authority under paragraph (1) is as follows:

19 ‘‘(A) In the case of a procurement by a Defense

20 Agency or Department of Defense Field Activity, the

21 Secretary of Defense.

22 ‘‘(B) In the case of a procurement for a military

23 department, the Secretary of that military depart24 ment.

25 ‘‘(3)(A) The Secretary of Defense may not delegate the

26 authority under paragraph (1) to any person other than
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1 the Deputy Secretary of Defense or the Under Secretary of

2 Defense for Acquisition, Technology, and Logistics.

3 ‘‘(B) The Secretary of a military department may not

4 delegate the authority under paragraph (1) to any person

5 other than the acquisition executive of that military depart6 ment.

7 ‘‘(c) INAPPLICABILITY TO CONTRACTS FOR CERTAIN

8 SERVICES.—This section does not apply to procurements of

9 the following services:

10 ‘‘(1) Printing, binding, or blank-book work to

11 which section 502 of title 44 applies.

12 ‘‘(2) Services available under programs pursuant

13 to section 103 of the Library of Congress Fiscal Oper14 ations Improvement Act of 2000 (Public Law 106–

15 481; 114 Stat. 2187; 2 U.S.C. 182c).

16 ‘‘(d) INAPPLICABILITY TO COAST GUARD AND

17 NASA.—This section does not apply to the Coast Guard

18 when it is not operating as a service in the Navy or to

19 the National Aeronautics and Space Administration.

20 ‘‘(e) DEFINITIONS.—In this section:

21 ‘‘(1) The term ‘head of an agency’ has the mean22 ing given such term in section 2302 of this title.

23 ‘‘(2) The term ‘acquisition executive’, with re24 spect to a military department, means the official

25 who is designated as the senior procurement executive
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1 of that military department under section 16(3) of the

2 Office of Federal Procurement Policy Act (41 U.S.C.

3 414(3)).’’.

4 (2) The table of sections at the beginning of such chap5 ter is amended by inserting after the item relating to section

6 2382 the following new item:

‘‘2383. Procurements through contracts of other agencies: service charges.’’.

7 (b) EFFECTIVE DATE AND APPLICABILITY.—Section

8 2383 of title 10, United States Code, shall take effect on

9 October 1, 2004, and shall apply with respect to orders for

10 goods or services that are issued by the head of an agency

11 (as defined in section 2302 of such title) on or after such

12 date.

13 SEC. 816. SENSE OF THE SENATE ON EFFECTS OF COST IN14 FLATION ON THE VALUE RANGE OF THE CON15 TRACTS TO WHICH A SMALL BUSINESS CON16 TRACT RESERVATION APPLIES.

17 (a) SENSE OF THE SENATE.—It is the sense of the Sen18 ate that—

19 (1) in the administration of the requirement for

20 reservation of contracts for small businesses under

21 subsection (j) of section 15 of the Small Business Act

22 (15 U.S.C. 644), the maximum amount in the con23 tract value range provided under that subsection

24 should be treated as being adjusted to the same

25 amount to which the simplified acquisition threshold
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1 is increased whenever such threshold is increased

2 under law; and

3 (2) the Administrator for Federal Procurement

4 Policy, in consultation with the Federal Acquisition

5 Regulatory Council, should ensure that appropriate

6 governmentwide policies and procedures are in

7 place—

8 (A) to monitor socioeconomic data con9 cerning purchases made by means of purchase

10 cards or credit cards issued for use in trans11 actions on behalf of the Federal Government; and

12 (B) to encourage the placement of a fair

13 portion of such purchases with small businesses

14 consistent with governmentwide goals for small

15 business prime contracting established under sec16 tion 15(g) of the Small Business Act (15 U.S.C.

17 644(g)).

18 (b) SIMPLIFIED ACQUISITION THRESHOLD DE19 FINED.—In this section, the term ‘‘simplified acquisition

20 threshold’’ has the meaning given such term in section 4(11)

21 of the Office of Federal Procurement Policy Act (41 U.S.C.

22 403(11)).
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1 Subtitle C—Extensions of

2 Temporary Program Authorities

3 SEC. 821. EXTENSION OF CONTRACT GOAL FOR SMALL DIS4 ADVANTAGED BUSINESS AND CERTAIN INSTI5 TUTIONS OF HIGHER EDUCATION.

6 Section 2323(k) of title 10, United States Code, is

7 amended by striking ‘‘2006’’ both places it appears and in8 serting ‘‘2009’’.

9 SEC. 822. EXTENSION OF MENTOR-PROTEGE PROGRAM.

10 Section 831 of the National Defense Authorization Act

11 for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302

12 note) is amended—

13 (1) in subsection (j)—

14 (A) in paragraph (1), by striking ‘‘Sep15 tember 30, 2005’’ and inserting ‘‘September 30,

16 2010’’; and

17 (B) in paragraph (2), by striking ‘‘Sep18 tember 30, 2008’’ and inserting ‘‘September 30,

19 2013’’; and

20 (2) in subsection (l)(3), by striking ‘‘2007’’ and

21 inserting ‘‘2012’’.
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1 SEC. 823. EXTENSION OF TEST PROGRAM FOR NEGOTIA2 TION OF COMPREHENSIVE SMALL BUSINESS

3 SUBCONTRACTING PLANS.

4 Section 834(e) of the National Defense Authorization

5 Act for Fiscal Years 1990 and 1991 (Public Law 101–189;

6 15 U.S.C. 637 note) is amended by striking ‘‘September 30,

7 2005’’ and inserting ‘‘September 30, 2010’’.

8 SEC. 824. EXTENSION OF PILOT PROGRAM ON SALES OF

9 MANUFACTURED ARTICLES AND SERVICES OF

10 CERTAIN ARMY INDUSTRIAL FACILITIES.

11 Section 141(a) of the National Defense Authorization

12 Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C.

13 4543 note) is amended by striking ‘‘through 2004’’ in the

14 first sentence and inserting ‘‘through 2009’’.

15 Subtitle D—Industrial Base Matters

16 SEC. 831. COMMISSION ON THE FUTURE OF THE NATIONAL

17 TECHNOLOGY AND INDUSTRIAL BASE.

18 (a) ESTABLISHMENT.—There is established a commis19 sion to be known as the Commission on the Future of the

20 National Technology and Industrial Base (hereafter in this

21 section referred to as the ‘‘Commission’’).

22 (b) MEMBERSHIP.—(1) The Commission shall be com23 posed of 12 members appointed by the President.

24 (2) The members of the Commission shall include—

25 (A) persons with extensive experience and na26 tional reputations for expertise in the defense indus-
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1 try, commercial industries that support the defense

2 industry, and the economics, finance, national secu3 rity, international trade, or foreign policy areas; and

4 (B) persons who are representative of labor orga5 nizations associated with the defense industry, and

6 persons who are representative of small business con7 cerns or organizations of small business concerns that

8 are involved in Department of Defense contracting

9 and other Federal Government contracting.

10 (3) The appointment of the members of the Commis11 sion under this subsection shall be made not later than

12 March 1, 2005.

13 (4) Members shall be appointed for the life of the Com14 mission. A vacancy in the Commission shall not affect its

15 powers, but shall be filled in the same manner in which

16 the original appointment was made.

17 (5) The President shall designate one member of the

18 Commission to serve as the Chairman of the Commission.

19 (c) MEETINGS.—(1) The Commission shall meet at the

20 call of the Chairman.

21 (2) A majority of the members of the Commission shall

22 constitute a quorum, but a lesser number may hold hear23 ings.

24 (d) DUTIES.—(1) The Commission shall—
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1 (A) study the issues associated with the future of

2 the national technology and industrial base in the

3 global economy, particularly with respect to its effect

4 on United States national security; and

5 (B) assess the future ability of the national tech6 nology and industrial base to attain the national se7 curity objectives set forth in section 2501 of title 10,

8 United States Code.

9 (2) In carrying out the study and assessment under

10 paragraph (1), the Commission shall consider the following

11 matters:

12 (A) Existing and projected future capabilities of

13 the national technology and industrial base.

14 (B) The impact on the national technology and

15 industrial base of civil-military integration and the

16 growing dependence of the Department of Defense on

17 the commercial market for defense products and serv18 ices.

19 (C) Any current or projected shortages of a crit20 ical technology (as defined in section 2500(6) of title

21 10, United States Code), or the raw materials nec22 essary for the production of such technology, that

23 could adversely affect the national security of the

24 United States.
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1 (D) The effects of domestic source restrictions on

2 the strength of the national technology and industrial

3 base.

4 (E) The effects of the policies and practices of

5 United States allies and trading partners on the na6 tional technology and industrial base.

7 (F) The effects on the national technology and

8 industrial base of laws and regulations related to

9 international trade and the export of defense tech10 nologies and dual-use technologies.

11 (G) The adequacy of programs that support

12 science and engineering education, including pro13 grams that support defense science and engineering

14 efforts at institutions of higher learning, with respect

15 to meeting the needs of the national technology and

16 industrial base.

17 (H) The implementation of policies and plan18 ning required under subchapter II of chapter 148 of

19 title 10, United States Code, and other provisions of

20 law designed to support the national technology and

21 industrial base.

22 (I) The role of the Manufacturing Technology

23 program, other Department of Defense research and

24 development programs, and the utilization of the au25 thorities of the Defense Production Act of 1950 to pro-
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1 vide transformational breakthroughs in advanced

2 manufacturing technologies and processes that ensure

3 the strength and productivity of the national tech4 nology and industrial base.

5 (J) The role of small business concerns in

6 strengthening the national technology and industrial

7 base.

8 (e) REPORT.—Not later than March 1, 2007, the Com9 mission shall submit a report on its activities to the Presi10 dent and Congress. The report shall include the following

11 matters:

12 (1) The findings and conclusions of the Commis13 sion.

14 (2) The recommendations of the Commission for

15 actions by Federal Government officials to support

16 the maintenance of a robust national technology and

17 industrial base in the 21st century.

18 (3) The recommendations of the Commission for

19 addressing shortages in critical technologies, and

20 shortages of raw materials necessary for the produc21 tion of critical technologies, that could adversely affect

22 the national security of the United States.

23 (4) Any recommendations for legislation or

24 changes in regulations to support the implementation

25 of the findings of the Commission.
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1 (5) A discussion of appropriate measures to im2 plement the recommendations of the Commission.

3 (f) ADMINISTRATIVE REQUIREMENTS AND AUTHORI4 TIES.—(1) The Director of the Office of Management and

5 Budget shall ensure that the Commission is provided such

6 administrative services, facilities, staff, and other support

7 services as may be necessary for the Commission to carry

8 out its duties. Expenses of the Commission shall be paid

9 out of funds available to the Director.

10 (2) The Commission may hold such hearings, sit and

11 act at such times and places, take such testimony, and re12 ceive such evidence as the Commission considers advisable

13 to carry out the purposes of this section.

14 (3) The Commission may secure directly from any

15 Federal department or agency such information as the com16 mission considers necessary to carry out the provisions of

17 this section. Upon a request of the Chairman of the Com18 mission, the head of such department or agency shall fur19 nish such information to the Commission.

20 (4) The Commission may use the United States mails

21 in the same manner and under the same conditions as other

22 departments and agencies of the Federal Government.

23 (g) PERSONNEL MATTERS.—(1) Members of the Com24 mission shall serve without compensation for their service

25 on the Commission, except that each member of the Com-
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1 mission who is not an officer or employee of the United

2 States shall be allowed travel expenses, including per diem

3 in lieu of subsistence, at rates authorized for employees of

4 agencies under subchapter I of chapter 57 of title 5, United

5 States Code, while away from their homes or regular places

6 of business in the performance of services for the Commis7 sion.

8 (2) Section 3161 of title 5, United States Code, shall

9 apply to the Commission, except that—

10 (A) members of the Commission shall not be enti11 tled to pay for services under subsection (d) of such

12 section; and

13 (B) subsection (b)(2) of such section shall not

14 apply to the employees of the Commission.

15 (h) APPLICABILITY OF FEDERAL ADVISORY COM16 MITTEE ACT.—The Federal Advisory Committee Act (5

17 U.S.C. App.) shall not apply to the Commission.

18 (i) TERMINATION.—The Commission shall terminate

19 30 days after the date on which the Commission submits

20 its report under subsection (e).

21 (j) DEFINITION OF NATIONAL TECHNOLOGY AND IN22 DUSTRIAL BASE.—In this section, the term ‘‘national tech23 nology and industrial base’’ has the meaning given such

24 term in section 2500 of title 10, United States Code.
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1 SEC. 832. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR

2 CONTENT REQUIREMENTS.

3 (a) AUTHORITY.—Subchapter V of chapter 148 of title

4 10, United States Code, is amended by adding at the end

5 the following new section:

6 ‘‘§ 2539c. Waiver of domestic source or content re7 quirements

8 ‘‘(a) AUTHORITY.—Except as provided in subsection

9 (f), the Secretary of Defense may waive the application of

10 any domestic source requirement or domestic content re11 quirement referred to in subsection (b) and thereby author12 ize the procurement of items that are grown, reprocessed,

13 reused, produced, or manufactured—

14 ‘‘(1) in a foreign country that has a Declaration

15 of Principles with the United States;

16 ‘‘(2) in a foreign country that has a Declaration

17 of Principles with the United States substantially

18 from components and materials grown, reprocessed,

19 reused, produced, or manufactured in the United

20 States or any foreign country that has a Declaration

21 of Principles with the United States; or

22 ‘‘(3) in the United States substantially from

23 components and materials grown, reprocessed, reused,

24 produced, or manufactured in the United States or

25 any foreign country that has a Declaration of Prin26 ciples with the United States.
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1 ‘‘(b) COVERED REQUIREMENTS.—For purposes of this

2 section:

3 ‘‘(1) A domestic source requirement is any re4 quirement under law that the Department of Defense

5 satisfy its requirements for an item by procuring an

6 item that is grown, reprocessed, reused, produced, or

7 manufactured in the United States or by a manufac8 turer that is a part of the national technology and in9 dustrial base (as defined in section 2500(1) of this

10 title).

11 ‘‘(2) A domestic content requirement is any re12 quirement under law that the Department of Defense

13 satisfy its requirements for an item by procuring an

14 item produced or manufactured partly or wholly from

15 components and materials grown, reprocessed, reused,

16 produced, or manufactured in the United States.

17 ‘‘(c) APPLICABILITY.—The authority of the Secretary

18 to waive the application of a domestic source or content

19 requirements under subsection (a) applies to the procure20 ment of items for which the Secretary of Defense determines

21 that—

22 ‘‘(1) application of the requirement would im23 pede the reciprocal procurement of defense items

24 under a Declaration of Principles with the United

25 States; and
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1 ‘‘(2) such country does not discriminate against

2 defense items produced in the United States to a

3 greater degree than the United States discriminates

4 against defense items produced in that country.

5 ‘‘(d) LIMITATION ON DELEGATION.—The authority of

6 the Secretary to waive the application of domestic source

7 or content requirements under subsection (a) may not be

8 delegated to any officer or employee other than the Under

9 Secretary of Defense for Acquisition, Technology and Logis10 tics.

11 ‘‘(e) CONSULTATIONS.—The Secretary may grant a

12 waiver of the application of a domestic source or content

13 requirement under subsection (a) only after consultation

14 with the United States Trade Representative, the Secretary

15 of Commerce, and the Secretary of State.

16 ‘‘(f) LAWS NOT WAIVABLE.—The Secretary of Defense

17 may not exercise the authority under subsection (a) to

18 waive any domestic source or content requirement con19 tained in any of the following laws:

20 ‘‘(1) The Small Business Act (15 U.S.C. 631 et

21 seq.).

22 ‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C.

23 46 et seq.).

24 ‘‘(3) Sections 7309 and 7310 of this title.

25 ‘‘(4) Section 2533a of this title.
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1 ‘‘(g) RELATIONSHIP TO OTHER WAIVER AUTHOR2 ITY.—The authority under subsection (a) to waive a domes3 tic source requirement or domestic content requirement is

4 in addition to any other authority to waive such require5 ment.

6 ‘‘(h) CONSTRUCTION WITH RESPECT TO LATER EN7 ACTED LAWS.—This section may not be construed as being

8 inapplicable to a domestic source requirement or domestic

9 content requirement that is set forth in a law enacted after

10 the enactment of this section solely on the basis of the later

11 enactment.

12 ‘‘(i) DECLARATION OF PRINCIPLES.—(1) In this sec13 tion, the term ‘Declaration of Principles’ means a written

14 understanding (including any Statement of Principles) be15 tween the Department of Defense and its counterpart in a

16 foreign country signifying a cooperative relationship be17 tween the Department and its counterpart to standardize

18 or make interoperable defense equipment used by the armed

19 forces and the armed forces of the foreign country across

20 a broad spectrum of defense activities, including—

21 ‘‘(A) harmonization of military requirements

22 and acquisition processes;

23 ‘‘(B) security of supply;

24 ‘‘(C) export procedures;

25 ‘‘(D) security of information;
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1 ‘‘(E) ownership and corporate governance;

2 ‘‘(F) research and development;

3 ‘‘(G) flow of technical information; and

4 ‘‘(H) defense trade.

5 ‘‘(2) A Declaration of Principles is underpinned by a

6 memorandum of understanding or other agreement pro7 viding for the reciprocal procurement of defense items be8 tween the United States and the foreign country concerned

9 without unfair discrimination in accordance with section

10 2531 of this title.’’.

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

12 the beginning of such subchapter is amended by inserting

13 after the item relating to section 2539b the following new

14 item:

‘‘2539c. Waiver of domestic source or content requirements.’’.

15 SEC. 833. CONSISTENCY WITH UNITED STATES OBLIGA16 TIONS UNDER TRADE AGREEMENTS.

17 No provision of this Act or any amendment made by

18 this Act shall apply to a procurement by or for the Depart19 ment of Defense to the extent that the Secretary of Defense,

20 in consultation with the Secretary of Commerce, the United

21 States Trade Representative, and the Secretary of State, de22 termines that it is inconsistent with United States obliga23 tions under a trade agreement.
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1 SEC. 834. REPEAL OF CERTAIN REQUIREMENTS AND LIMI2 TATIONS RELATING TO THE DEFENSE INDUS3 TRIAL BASE.

4 (a) ESSENTIAL ITEM IDENTIFICATION AND DOMESTIC

5 PRODUCTION CAPABILITIES IMPROVEMENT.—Sections 812,

6 813, and 814 of the National Defense Authorization Act for

7 Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1542,

8 1543, 1545; 10 U.S.C. 2501 note) are repealed.

9 (b) ELIMINATION OF UNRELIABLE SOURCE FOR ITEMS

10 AND COMPONENTS.—Section 821 of such Act (117 Stat.

11 1546; 10 U.S.C. 2534 note) is repealed.

12 Subtitle E—Defense Acquisition

13 and Support Workforce

14 SEC. 841. LIMITATION AND REINVESTMENT AUTHORITY RE15 LATING TO REDUCTION OF THE DEFENSE AC16 QUISITION AND SUPPORT WORKFORCE.

17 (a) LIMITATION.—Notwithstanding any other provi18 sion of law, the defense acquisition and support workforce

19 may not be reduced, during fiscal years 2005, 2006, and

20 2007, below the level of that workforce as of September 30,

21 2003, determined on the basis of full-time employee equiva22 lence, except as may be necessary to strengthen the defense

23 acquisition and support workforce in higher priority posi24 tions in accordance with this section.

25 (b) INCREASE AND REALIGNMENT OF WORKFORCE.—

26 (1)(A) During fiscal years 2005, 2006, and 2007, the Sec-
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1 retary of Defense shall increase the number of persons em2 ployed in the defense acquisition and support workforce as

3 follows:

4 (i) During fiscal year 2005, to 105 percent of the

5 baseline number (as defined in subparagraph (B)).

6 (ii) During fiscal year 2006, to 110 percent of

7 the baseline number.

8 (iii) During fiscal year 2007, to 115 percent of

9 the baseline number.

10 (B) In this paragraph, the term ‘‘baseline number’’,

11 with respect to persons employed in the defense acquisition

12 and support workforce, means the number of persons em13 ployed in such workforce as of September 30, 2003 (deter14 mined on the basis of full-time employee equivalence).

15 (C) The Secretary of Defense may waive a requirement

16 in subparagraph (A) and, subject to subsection (a), employ

17 in the defense acquisition and support workforce a lesser

18 number of employees if the Secretary determines and cer19 tifies to the congressional defense committees that the cost

20 of increasing such workforce to the larger size as required

21 under that subparagraph would exceed the savings to be de22 rived from the additional oversight that would be achieved

23 by having a defense acquisition and support workforce of

24 such larger size.
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1 (2) During fiscal years 2005, 2006, and 2007, the Sec2 retary of Defense may realign any part of the defense acqui3 sition and support workforce to support reinvestment in

4 other, higher priority positions in such workforce.

5 (c) HIGHER PRIORITY POSITIONS.—For the purposes

6 of this section, higher priority positions in the defense ac7 quisition and support workforce include the following posi8 tions:

9 (1) Positions the responsibilities of which include

10 drafting performance-based work statements for serv11 ices contracts and overseeing the performance of con12 tracts awarded pursuant to such work statements.

13 (2) Positions the responsibilities of which include

14 conducting spending analyses, negotiating company15 wide pricing agreements, and taking other measures

16 to reduce contract costs.

17 (3) Positions the responsibilities of which include

18 reviewing contractor quality control systems, assess19 ing and analyzing quality deficiency reports, and

20 taking other measures to improve product quality.

21 (4) Positions the responsibilities of which include

22 effectively conducting public-private competitions in

23 accordance with Office of Management and Budget

24 Circular A–76.
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1 (5) Any other positions in the defense acquisition

2 and support workforce that the Secretary of Defense

3 identifies as being higher priority positions that are

4 staffed at levels not likely to ensure efficient and effec5 tive performance of all of the responsibilities of those

6 positions.

7 (d) STRATEGIC ASSESSMENT AND PLAN.—(1) The Sec8 retary of Defense shall—

9 (A) assess the extent to which the Department of

10 Defense can recruit, retain, train, and provide profes11 sional development opportunities for acquisition pro12 fessionals over the 10-fiscal year period beginning

13 with fiscal year 2005; and

14 (B) develop a human resources strategic plan for

15 the defense acquisition and support workforce that in16 cludes objectives and planned actions for improving

17 the management of such workforce.

18 (2) The Secretary shall submit to Congress, not later

19 than April 1, 2005, a report on the progress made in—

20 (A) completing the assessment required under

21 paragraph (1); and

22 (B) completing and implementing the strategic

23 plan required under such paragraph.

24 (e) DEFENSE ACQUISITION AND SUPPORT WORKFORCE

25 DEFINED.—In this section, the term ‘‘defense acquisition
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1 and support workforce’’ means members of the Armed

2 Forces and civilian personnel who are assigned to, or are

3 employed in, an organization of the Department of Defense

4 that has acquisition as its predominant mission, as deter5 mined by the Secretary of Defense.

6 SEC. 842. DEFENSE ACQUISITION WORKFORCE IMPROVE7 MENTS.

8 (a) SELECTION CRITERIA FOR ACQUISITION CORPS

9 AND FOR CRITICAL ACQUISITION POSITIONS.—(1) Section

10 1732(b)(1)(A) of title 10, United States Code, is amended

11 by striking ‘‘within grade GS–13 or above of’’ and inserting

12 ‘‘for which the employee is being paid at a rate of basic

13 pay that equals or exceeds the minimum rate of basic pay

14 provided for grade GS–13 under’’.

15 (2) Section 1733(b)(1)(A)(i) of such title is amended

16 by striking ‘‘in a position within grade GS–14 or above

17 of the General Schedule, or’’ and inserting ‘‘who is cur18 rently serving in a position for which the employee is being

19 paid at a rate of basic pay that equals or exceeds the min20 imum rate of basic pay provided for grade GS–14 under

21 the General Schedule or is required to be filled by an em22 ployee who is’’.

23 (b) SCHOLARSHIP PROGRAM.—Section 1742 of such

24 title is amended—
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1 (1) by inserting ‘‘(a) REQUIRED

2 PROGRAMS.—’’ before ‘‘The Secretary of Defense shall

3 conduct’’; and

4 (2) by adding at the end the following new sub5 section:

6 ‘‘(b) SCHOLARSHIP PROGRAM REQUIREMENTS.—(1)

7 Each recipient of a scholarship under a program conducted

8 under subsection (a)(3) shall be required to sign a written

9 agreement that sets forth the terms and conditions of the

10 scholarship. The agreement shall include the following:

11 ‘‘(A) Criteria for the recipient’s continued eligi12 bility for the scholarship.

13 ‘‘(B) The terms of any requirement for the re14 cipient to reimburse the United States for educational

15 assistance provided under the scholarship upon—

16 ‘‘(i) a failure by the recipient to satisfy the

17 criteria for continued eligibility for the scholar18 ship; or

19 ‘‘(ii) a termination of the recipient’s service

20 in the Department of Defense before the end of

21 any period of obligated service provided in the

22 agreement, as described in paragraph (2).

23 ‘‘(2) Subject to paragraph (3)(C), a recipient of a

24 scholarship under the program shall reimburse the United

25 States the total amount of educational assistance provided
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1 to the recipient under the program if the recipient is volun2 tarily separated from service or involuntarily separated for

3 cause from the Department of Defense before the end of any

4 period for which the recipient has agreed, as a condition

5 of the scholarship, to continue in the service of the Depart6 ment of Defense in an acquisition position.

7 ‘‘(3)(A) If an employee fails to fulfill an agreement to

8 pay the Government any amount of educational assistance

9 provided to that person under the program, a sum equal

10 to such amount of the educational assistance is recoverable

11 by the Government from the employee or his estate by—

12 ‘‘(i) setoff against accrued pay, compensation,

13 amount of retirement credit, or other amount due the

14 employee from the Government; and

15 ‘‘(ii) such other method as is provided by law for

16 the recovery of amounts owing to the Government.

17 ‘‘(B) An obligation to reimburse the United States

18 under an agreement entered into under this subsection is

19 for all purposes a debt owed to the United States.

20 ‘‘(C) The Secretary of Defense may waive in whole or

21 in part a reimbursement required under this subsection or

22 under an agreement entered into under this subsection if

23 the Secretary determines that the recovery would be against

24 equity and good conscience or would be contrary to the best

25 interests of the United States.
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1 ‘‘(D) A discharge in bankruptcy under title 11 that

2 is entered less than five years after the termination of an

3 agreement entered into under this subsection does not dis4 charge a person executing the agreement from a debt arising

5 under this subsection or such agreement.

6 ‘‘(4) Nothing in this subsection shall be considered to

7 require that a position be offered to a recipient of a scholar8 ship under the program after such recipient successfully

9 completes the course of education for which the scholarship

10 is granted. However, the agreement entered into under this

11 subsection with respect to such scholarship shall be consid12 ered terminated if the recipient is not, within the time spec13 ified in the agreement, offered a full-time acquisition posi14 tion in the Department of Defense that—

15 ‘‘(A) is commensurate with the recipient’s aca16 demic degree and experience; and

17 ‘‘(B) is—

18 ‘‘(i) in the excepted service, if the recipient

19 has not previously acquired competitive status,

20 with the right, after successful completion of two

21 years of service and such other requirements as

22 the Office of Personnel Management may pre23 scribe, to be appointed to a position in the com24 petitive service, notwithstanding subchapter I of

25 chapter 33 of title 5; or
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1 ‘‘(ii) in the competitive service, if the recipi2 ent has previously acquired competitive status.’’.

3 (c) AUTHORITY TO ESTABLISH DIFFERENT MINIMUM

4 REQUIREMENTS.—(1) Section 1764(b) of such title is

5 amended—

6 (A) by redesignating paragraph (5) as para7 graph (6); and

8 (B) by inserting after paragraph (4) the fol9 lowing new paragraph (5):

10 ‘‘(5) Deputy program manager.’’.

11 (2) Paragraph (1) of such section is amended by strik12 ing ‘‘in paragraph (5)’’ and inserting ‘‘in paragraph (6)’’.

13 Subtitle F—Public-Private

14 Competitions

15 SEC. 851. PUBLIC-PRIVATE COMPETITION FOR WORK PER16 FORMED BY CIVILIAN EMPLOYEES OF THE

17 DEPARTMENT OF DEFENSE.

18 (a) LIMITATION.—Section 2461(b) of title 10, United

19 States Code, is amended by adding at the end the following

20 new paragraph:

21 ‘‘(5)(A) Notwithstanding subsection (d), a function of

22 the Department of Defense performed by 10 or more civilian

23 employees may not be converted, in whole or in part, to

24 performance by a contractor unless the conversion is based

25 on the results of a public-private competition process that—
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1 ‘‘(i) formally compares the cost of civilian em2 ployee performance of that function with the costs of

3 performance by a contractor;

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

5 efficient organization plan, in accordance with Office

6 of Management and Budget Circular A–76, as imple7 mented on May 29, 2003;

8 ‘‘(iii) requires continued performance of the

9 function by civilian employees unless the competitive

10 sourcing official concerned determines that, over all

11 performance periods stated in the solicitation of offers

12 for performance of the activity or function, the cost of

13 performance of the activity or function by a con14 tractor would be less costly to the Department of De15 fense by an amount that equals or exceeds the lesser

16 of $10,000,000 or 10 percent of the most efficient or17 ganization’s personnel-related costs for performance of

18 that activity or function by Federal employees; and

19 ‘‘(iv) ensures that the public sector bid would not

20 be disadvantaged in the cost comparison process by a

21 proposal of an offeror to reduce costs for the Depart22 ment of Defense by not making an employer-spon23 sored health insurance plan available to the workers

24 who are to be employed in the performance of such

25 function under a contract or by offering to such work-
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1 ers an employer-sponsored health benefits plan that

2 requires the employer to contribute less towards the

3 premium or subscription share than that which is

4 paid by the Department of Defense for health benefits

5 for civilian employees under chapter 89 of title 5.

6 ‘‘(B) 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 shall

10 not be considered a new requirement for the purpose of the

11 competition requirements in subparagraph (A) or the re12 quirements for public-private competition in Office of Man13 agement and Budget Circular A–76.

14 ‘‘(C) A function performed by more than 10 Federal

15 Government employees may not be separated into separate

16 functions for the purposes of avoiding the competition re17 quirement in subparagraph (A) or the requirements for

18 public-private competition in Office of Management and

19 Budget Circular A–76.

20 ‘‘(D) The Secretary of Defense may waive the require21 ment for a public-private competition under subparagraph

22 (A) in specific instances if—

23 ‘‘(i) the written waiver is prepared by the Sec24 retary of Defense or the relevant Assistant Secretary
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1 of Defense, Secretary of a military department, or

2 head of a Defense Agency;

3 ‘‘(ii) the written waiver is accompanied by a de4 tailed determination that national security interests

5 are so compelling as to preclude compliance with the

6 requirement for a public-private competition; and

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

8 Federal Register within 10 working days after the

9 date on which the waiver is granted, although use of

10 the waiver need not be delayed until its publication.’’.

11 (b) INAPPLICABILITY TO BEST-VALUE SOURCE SELEC12 TION PILOT PROGRAM.—(1) Paragraph (5) of section

13 2461(b) of title 10, United States Code, as added by sub14 section (a), shall not apply with respect to the pilot pro15 gram for best-value source selection for performance of in16 formation technology services authorized by section 336 of

17 the National Defense Authorization Act for Fiscal Year

18 2004 (Public Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461

19 note).

20 SEC. 852. PERFORMANCE OF CERTAIN WORK BY FEDERAL

21 GOVERNMENT EMPLOYEES.

22 (a) GUIDELINES.—(1) The Secretary of Defense shall

23 prescribe guidelines and procedures for ensuring that con24 sideration is given to using Federal Government employees

25 on a regular basis for work that is performed under Depart-
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1 ment of Defense contracts and could be performed by Fed2 eral Government employees.

3 (2) The guidelines and procedures prescribed under

4 paragraph (1) shall provide for special consideration to be

5 given to contracts that—

6 (A) have been performed by Federal Government

7 employees at any time on or after October 1, 1980;

8 (B) are associated with the performance of inher9 ently governmental functions;

10 (C) were not awarded on a competitive basis; or

11 (D) have been determined by a contracting offi12 cer to be poorly performed due to excessive costs or in13 ferior quality.

14 (b) NEW REQUIREMENTS.—(1) No public-private com15 petition may be required under Office of Management and

16 Budget Circular A–76 or any other provision of law or reg17 ulation before the performance of a new requirement by

18 Federal Government employees commences, the performance

19 by Federal Government employees of work pursuant to sub20 section (a) commences, or the scope of an existing activity

21 performed by Federal Government employees is expanded.

22 Office of Management and Budget Circular A–76 shall be

23 revised to ensure that the heads of all Federal agencies give

24 fair consideration to the performance of new requirements

25 by Federal Government employees.
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1 (2) The Secretary of Defense shall, to the maximum

2 extent practicable, ensure that Federal Government employ3 ees are fairly considered for the performance of new require4 ments, with special consideration given to new requirements

5 that include functions that—

6 (A) are similar to functions that have been per7 formed by Federal Government employees at any time

8 on or after October 1, 1980; or

9 (B) are associated with the performance of inher10 ently governmental functions.

11 (c) USE OF FLEXIBLE HIRING AUTHORITY.—The Sec12 retary shall include the use of the flexible hiring authority

13 available through the National Security Personnel System

14 in order to facilitate performance by Federal Government

15 employees of new requirements and work that is performed

16 under Department of Defense contracts.

17 (d) INSPECTOR GENERAL REPORT.—Not later than

18 180 days after the enactment of this Act, the Inspector Gen19 eral of the Department of Defense shall submit to the Com20 mittees on Armed Services of the Senate and the House of

21 Representatives a report on the compliance of the Secretary

22 of Defense with the requirements of this section.

23 (e) DEFINITIONS.—In this section:

24 (1) The term ‘‘National Security Personnel Sys25 tem’’ means the human resources management system
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1 established under the authority of section 9902 of title

2 5, United States Code.

3 (2) The term ‘‘inherently governmental function’’

4 has the meaning given that term in section 5 of the

5 Federal Activities Inventory Reform Act of 1998

6 (Public Law 105–270; 112 Stat. 2384; 31 U.S.C. 501

7 note).

8 SEC. 853. COMPETITIVE SOURCING REPORTING REQUIRE9 MENT.

10 Not later than February 1, 2005, the Inspector General

11 of the Department of Defense shall submit to Congress a

12 report addressing whether the Department of Defense—

13 (1) employs a sufficient number of adequately

14 trained civilian employees—

15 (A) to conduct satisfactorily, taking into ac16 count equity, efficiency and expeditiousness, all

17 of the public-private competitions that are sched18 uled to be undertaken by the Department of De19 fense during the next fiscal year (including a

20 sufficient number of employees to formulate sat21 isfactorily the performance work statements and

22 most efficient organization plans for the pur23 poses of such competitions); and

24 (B) to administer any resulting contracts;

25 and
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1 (2) has implemented a comprehensive and reli2 able system to track and assess the cost and quality

3 of the performance of functions of the Department of

4 Defense by service contractors.

5 Subtitle G—Other Matters

6 SEC. 861. INAPPLICABILITY OF CERTAIN FISCAL LAWS TO

7 SETTLEMENTS UNDER SPECIAL TEMPORARY

8 CONTRACT CLOSEOUT AUTHORITY.

9 Section 804(a) of the National Defense Authorization

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

11 1541) is amended—

12 (1) by inserting ‘‘(1)’’ after ‘‘(a) AUTHOR13 ITY.—’’; and

14 (2) by adding at the end the following new para15 graph:

16 ‘‘(2) Under regulations which the Secretary of Defense

17 may prescribe, a settlement of a financial account for a con18 tract for the procurement of property or services under

19 paragraph (1) may be made without regard to—

20 ‘‘(A) section 1301 of title 31, United States Code;

21 and

22 ‘‘(B) any other provision of law that would pre23 clude the Secretary from charging payments under

24 the contract—
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1 ‘‘(i) to an unobligated balance in an appro2 priation available for funding that contract; or

3 ‘‘(ii) if and to the extent that the unobli4 gated balance (if any) in such appropriation is

5 insufficient for funding such payments, to any

6 current appropriation that is available to the

7 Department of Defense for funding contracts for

8 the procurement of the same or similar property

9 or services.’’.

10 SEC. 862. DEMONSTRATION PROGRAM ON EXPANDED USE

11 OF RESERVES TO PERFORM DEVELOPMENTAL

12 TESTING, NEW EQUIPMENT TRAINING, AND

13 RELATED ACTIVITIES.

14 (a) REQUIREMENT FOR PROGRAM.—The Secretary of

15 the Army shall carry out a demonstration program on use

16 of members of reserve components of the Armed Forces to

17 perform test, evaluation, and related activities for an acqui18 sition program. The Secretary shall design and carry out

19 the demonstration program to achieve the purposes set forth

20 in subsection (b).

21 (b) PURPOSES.—The purposes of the demonstration

22 program are as follows:

23 (1) To determine whether cost savings and other

24 benefits result from use of members of reserve compo25 nents of the Armed Forces instead of contractor per-
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1 sonnel to perform test and evaluation activities for an

2 acquisition program and related acquisition, logistics,

3 and new equipment training activities for the acqui4 sition program.

5 (2) To evaluate the advisability of using appro6 priations available for multiyear research, develop7 ment, test, and evaluation and appropriations avail8 able for multiyear procurements to reimburse reserve

9 components for the pay, allowances, and other ex10 penses paid to or for Reserves used for the acquisition

11 program as described in paragraph (1).

12 (c) REIMBURSEMENT OF PERSONNEL ACCOUNTS OUT

13 OF PROCUREMENT AND RDT&E ACCOUNTS.—(1) The Sec14 retary of the Army may transfer from funds available to

15 the Army for an acquisition program to a reserve compo16 nent military personnel account the amount necessary to

17 reimburse that account for costs charged to that account for

18 military pay and allowances in connection with the use of

19 reserve component personnel for such acquisition program

20 under this section.

21 (2) Not more than $10,000,000 may be transferred

22 under this subsection during any fiscal year of the dem23 onstration program.

24 (3) Funds transferred to an account under this sub25 section shall be merged with other sums in the account and
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1 shall be available for the same period and purposes as the

2 sums with which merged.

3 (4) The transfer authority under this subsection is in

4 addition to any other transfer authority provided in this

5 or any other Act.

6 (d) NONWAIVER OF PERSONNEL AND TRAINING POLI7 CIES AND PROCEDURES.—Nothing in this section may be

8 construed to authorize any deviation from established per9 sonnel or training policies or procedures that are applicable

10 to the reserve components of the personnel used under the

11 demonstration program.

12 (e) TERMINATION.—The demonstration program under

13 this section shall terminate on September 30, 2009.

14 SEC. 863. APPLICABILITY OF COMPETITION EXCEPTIONS TO

15 ELIGIBILITY OF NATIONAL GUARD FOR FI16 NANCIAL ASSISTANCE FOR PERFORMANCE OF

17 ADDITIONAL DUTIES.

18 Section 113(b)(1)(B) of title 32, United States Code,

19 is amended by inserting before the period at the end the

20 following: ‘‘, subject to the exceptions provided in section

21 2304(c) of title 10’’.

22 SEC. 864. MANAGEMENT PLAN FOR CONTRACTOR SECURITY

23 PERSONNEL.

24 (a) REQUIREMENT FOR PLAN.—Not later than 90 days

25 after the date of the enactment of this Act, the Secretary
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1 of Defense shall submit to the congressional defense commit2 tees, the Select Committee on Intelligence of the Senate, and

3 the Permanent Select Committee on Intelligence of the

4 House of Representatives a plan for the management and

5 oversight of contractor security personnel by Federal Gov6 ernment personnel in areas where the Armed Forces are en7 gaged in military operations. In the preparation of such

8 plan, the Secretary shall coordinate, as appropriate, with

9 the heads of other departments and agencies of the Federal

10 Government that would be affected by the implementation

11 of the plan.

12 (b) POLICIES AND PROCEDURES.—The plan under this

13 section shall set forth policies and procedures applicable to

14 contractor security personnel in potentially hazardous

15 areas of military operations. The policies and procedures

16 shall address the following matters:

17 (1) Warning contractor security personnel of po18 tentially hazardous situations.

19 (2) Coordinating the movement of contractor se20 curity personnel, especially through areas of increased

21 risk or planned or ongoing military operations.

22 (3) Rapidly identifying contractor security per23 sonnel by members of the Armed Forces.

24 (4) Sharing relevant threat information with

25 contractor security personnel, and receiving informa-
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1 tion gathered by contractor security personnel for use

2 by United States and coalition forces.

3 (5) Providing appropriate assistance to con4 tractor security personnel who become engaged in hos5 tile situations.

6 (6) Providing medical assistance for, and evacu7 ation of, contractor personnel who become casualties

8 as a result of enemy actions.

9 (7) Investigating background and qualifications

10 of contractor security personnel and organizations.

11 (8) Establishing rules of engagement for armed

12 contractor security personnel, and ensuring proper

13 training and compliance with the rules of engage14 ment.

15 (c) OPTIONS FOR ENHANCED AND COST-EFFECTIVE

16 CONTRACTOR SECURITY.—The plan under subsection (a)

17 shall include assessed options for enhancing contractor secu18 rity and reducing contractor security costs in Iraq or in

19 locations of armed conflict in the future. The options cov20 ered shall include the following:

21 (1) Temporary commissioning of contractor secu22 rity personnel as reserve component officers in order

23 to subject such personnel to the military chain of com24 mand.
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1 (2) Requiring contractor security personnel to

2 obtain security clearances to facilitate the commu3 nication of critical threat information.

4 (3) Establishing a contract schedule for compa5 nies furnishing contractor security personnel to pro6 vide a more orderly process for the selection, training,

7 and compensation of such personnel.

8 (4) Establishing a contract schedule for compa9 nies to provide more cost-effective insurance for con10 tractor security personnel.

11 (5) Providing for United States indemnification

12 of contractors to reduce the costs of insuring con13 tractor security personnel.

14 SEC. 865. REPORT ON CONTRACTOR PERFORMANCE OF SE15 CURITY, INTELLIGENCE, LAW ENFORCEMENT,

16 AND CRIMINAL JUSTICE FUNCTIONS IN IRAQ.

17 (a) REPORT REQUIRED.—Not later than 60 days after

18 the date of the enactment of this Act, the Secretary of De19 fense shall submit to the congressional defense committees

20 a report on the procurement of services, by an agency of

21 the United States Government or by the Coalition Provi22 sional Authority, for the performance of security, intel23 ligence, law enforcement, and criminal justice functions in

24 Iraq.
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1 (b) CONTENT.—The report under subsection (a) shall

2 include, at a minimum, the following:

3 (1) Each security, intelligence, law enforcement,

4 or criminal justice function performed by a con5 tractor in Iraq.

6 (2) For each such function—

7 (A) a determination of whether such func8 tion is an inherently governmental function, to9 gether with a discussion of the factual basis and

10 rationale for that determination;

11 (B) an explanation of the basis for the deci12 sion to rely on a contractor to perform such

13 function, including a discussion of the extent to

14 which the Armed Forces lacked the expertise or

15 manpower to perform that function using Armed

16 Forces personnel;

17 (C) a description of the chain of command

18 for the contractor performing such function, to19 gether with a discussion of the manner in which

20 the United States Government or the Coalition

21 Provisional Authority supervises and directs the

22 contractor’s performance of that function; and

23 (D) what sanctions are available to impose

24 on any contractor employee who—
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1 (i) fails to comply with a requirement

2 of law or regulation that applies to such

3 employee in the performance of that func4 tion; or

5 (ii) engages in other misconduct in the

6 performance of that function.

7 (3) An explanation of the legal status of con8 tractor employees in the performance of such func9 tions after the administration of the sovereign powers

10 of Iraq is transferred from the Coalition Provisional

11 Authority to a government of Iraq on June 30, 2004.

12 (c) COORDINATION.—In the preparation of the report

13 under this section, the Secretary of Defense shall coordinate,

14 as appropriate, with the heads of any departments and

15 agencies of the Federal Government that are involved in the

16 procurement of services for the performance of functions de17 scribed in subsection (a).

18 (d) ADDITIONAL CONGRESSIONAL RECIPIENTS.—In

19 addition to submitting the report under this section to the

20 congressional defense committees, the Secretary of Defense

21 shall also submit the report to the Select Committee on In22 telligence of the Senate and the Permanent Select Com23 mittee on Intelligence of the House of Representatives.
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1 SEC. 866. ACCREDITATION STUDY OF COMMERCIAL OFF2 THE-SHELF PROCESSES FOR EVALUATING IN3 FORMATION TECHNOLOGY PRODUCTS AND

4 SERVICES.

5 (a) REQUIREMENT FOR STUDY.—The Secretary of De6 fense shall carry out a study of commercial off-the-shelf

7 processes that are available for measuring the quality of in8 formation technology and related services through assess9 ment of the production methods of the producers of the tech10 nology.

11 (b) PURPOSES.—The purposes of the study of commer12 cial off-the-shelf processes under subsection (a) are as fol13 lows:

14 (1) To assess the value of such a process as a

15 consistent methodology for identifying high quality

16 information technology and the engineering sources

17 capable of providing high quality information tech18 nology and related services.

19 (2) To determine whether to accredit such a

20 process for use in procurements of information tech21 nology and related services throughout the Depart22 ment of Defense.

23 (c) SAVINGS AND ENHANCEMENTS.—In carrying out

24 the study under subsection (a), the Secretary shall deter25 mine the benefits that would result for the Department of

26 Defense from use throughout the Department of Defense of
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1 a commercial off-the-shelf process described in that sub2 section to measure the quality of information technology

3 products and services in procurements described in sub4 section (b)(2), including—

5 (1) projected annual savings in costs of develop6 ment and maintenance of information technology;

7 and

8 (2) quantified enhancements of productivity,

9 schedule, performance, deficiency rates, and predict10 ability.

11 (d) BASELINE DATA.—To define a baseline for meas12 uring benefits under subsection (c), the Secretary shall use

13 empirical data that is readily available to the Department

14 of Defense and contractor sources.

15 (e) INFORMATION CONSIDERED.—The Secretary of De16 fense may consider projections of savings and quantifica17 tions of enhancements that are submitted by a contractor.

18 (f) INFORMATION TECHNOLOGY DEFINED.—In this

19 section, the term ‘‘information technology’’ has the meaning

20 given such term in section 11101(6) of title 40, United

21 States Code.
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1 SEC. 867. CONTRACTOR PERFORMANCE OF ACQUISITION

2 FUNCTIONS CLOSELY ASSOCIATED WITH IN3 HERENTLY GOVERNMENTAL FUNCTIONS.

4 (a) LIMITATION.—(1) Chapter 141 of title 10, United

5 States Code, is amended by inserting after section 2382 the

6 following new section:

7 ‘‘§ 2383. Contractor performance of acquisition func8 tions closely associated with inherently

9 governmental functions

10 ‘‘(a) LIMITATION.—The head of an agency may enter

11 a contract for the performance of acquisition functions

12 closely associated with inherently governmental functions

13 only if the Secretary determines that—

14 ‘‘(1) appropriate military or civilian personnel

15 of the Department of Defense cannot reasonably be

16 made available to perform the functions;

17 ‘‘(2) appropriate military or civilian personnel

18 of the Department of Defense are—

19 ‘‘(A) to supervise contractor performance of

20 the contract; and

21 ‘‘(B) to perform all inherently governmental

22 functions associated with the functions to be per23 formed under the contract; and

24 ‘‘(3) the contractor does not have an organiza25 tional conflict of interest or the appearance of an or-
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1 ganizational conflict of interest in the performance of

2 the functions under the contract.

3 ‘‘(b) DEFINITIONS.—In this section:

4 ‘‘(1) The term ‘head of an agency’ has the mean5 ing given such term in section 2302(1) of this title,

6 except that such term does not include the Secretary

7 of Homeland Security or the Administrator of the

8 National Oceanic and Atmospheric Administration.

9 ‘‘(2) The term ‘inherently governmental func10 tions’ has the meaning given such term in subpart 7.5

11 of part 7 of the Federal Acquisition Regulation.

12 ‘‘(3) The term ‘functions closely associated with

13 inherently governmental functions’ means the func14 tions described in section 7.503(d) of the Federal Ac15 quisition Regulation.

16 ‘‘(4) The term ‘organizational conflict of interest’

17 has the meaning given such term in subpart 9.5 of

18 part 9 of the Federal Acquisition Regulation.’’.

19 (2) The table of sections at the beginning of such chap20 ter is amended by inserting after the item relating to section

21 2382 the following new item:

‘‘2383. Contractor performance of acquisition functions closely associated with inherently governmental functions.’’.

22 (b) EFFECTIVE DATE AND APPLICABILITY.—Section

23 2383 of title 10, United States Code (as added by subsection
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1 (a)), shall take effect on the date of enactment of this Act

2 and shall apply to—

3 (1) contracts entered into on or after such date;

4 (2) any task or delivery order issued on or after

5 such date under a contract entered into before, on, or

6 after such date; and

7 (3) any decision on or after such date to exercise

8 an option or otherwise extend a contract for program

9 management or oversight of contracts for the recon10 struction of Iraq, regardless of whether such program

11 management or oversight contract was entered into

12 before, on, or after the date of enactment of this Act.

13 SEC. 868. CONTRACTING WITH EMPLOYERS OF PERSONS

14 WITH DISABILITIES.

15 (a) INAPPLICABILITY OF RANDOLPH-SHEPPARD

16 ACT.—The Randolph-Sheppard Act does not apply to any

17 contract described in subsection (b) for so long as the con18 tract is in effect, including for any period for which the

19 contract is extended pursuant to an option provided in the

20 contract.

21 (b) JAVITS-WAGNER-O’DAY CONTRACTS.—Subsection

22 (a) applies to any contract for the operation of a military

23 mess hall, military troop dining facility, or any similar

24 dining facility operated for the purpose of providing meals

25 to members of the Armed Forces that—
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1 (1) was entered into before the date of the enact2 ment of this Act with a nonprofit agency for the blind

3 or an agency for other severely handicapped in com4 pliance with section 3 of the Javits-Wagner-O’Day

5 Act (41 U.S.C. 48); and

6 (2) either—

7 (A) is in effect on such date; or

8 (B) was in effect on the date of the enact9 ment of the National Defense Authorization Act

10 for Fiscal Year 2004 (Public Law 108–136).

11 (c) REPEAL OF SUPERSEDED LAW.—Section 852 of

12 the National Defense Authorization Act for Fiscal Year

13 2004 (Public Law 108–136; 117 Stat. 1556) is repealed.

14 SEC. 869. ENERGY SAVINGS PERFORMANCE CONTRACTS.

15 The Secretary of Defense shall, to the extent prac16 ticable, exercise existing statutory authority, including the

17 authority provided by section 2865 of title 10, United States

18 Code, and section 8256 of title 42, United States Code, to

19 introduce life-cycle cost-effective upgrades to Federal assets

20 through shared energy savings contracting, demand man21 agement programs, and utility incentive programs.
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1 SEC. 870. AVAILABILITY OF FEDERAL SUPPLY SCHEDULE

2 SUPPLIES AND SERVICES TO UNITED SERV3 ICE ORGANIZATIONS, INCORPORATED.

4 Section 220107 of title 36, United States Code, is

5 amended by inserting after ‘‘Department of Defense’’ the

6 following: ‘‘, including access to General Services Adminis7 tration supplies and services through the Federal Supply

8 Schedule of the General Services Administration,’’.

9 SEC. 871. ACQUISITION OF AERIAL REFUELING AIRCRAFT

10 FOR THE AIR FORCE.

11 (a) COMPLIANCE WITH APPLICABLE REQUIRE12 MENTS.—The Secretary of Defense shall ensure that the Sec13 retary of the Air Force does not proceed with the acquisition

14 of aerial refueling aircraft for the Air Force by lease or

15 other contract, either with full and open competition or

16 under section 135 of the National Defense Authorization Act

17 for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1413)

18 until the date that is 60 days after the date on which the

19 Secretary Defense has—

20 (1) reviewed all documentation for the acquisi21 tion, including—

22 (A) the completed aerial refueling analysis

23 of alternatives (AOA) required by section 134(b)

24 of the National Defense Authorization Act for

25 Fiscal Year 2004, pursuant to ‘‘Analysis of Al-
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1 ternatives (AoA) Guidance of KC–135 Recapital2 ization’’, dated February 24, 2004;

3 (B) the completed aerial refueling portion of

4 the Mobility Capabilities Study;

5 (C) a new validated capabilities document

6 in accordance with the applicable Chairman of

7 Joint Chiefs of Staff Instruction; and

8 (D) the approval of a Defense Acquisition

9 Board in accordance with Department of Defense

10 regulations; and

11 (2) submitted to the congressional defense com12 mittees a determination in writing that the acquisi13 tion is in compliance with all currently applicable

14 laws, Office of Management and Budget circulars,

15 and regulations.

16 (b) INDEPENDENT REVIEW.—Not later than 45 days

17 after the Secretary of Defense makes the determination de18 scribed in paragraph (2) of subsection (a), the Comptroller

19 General and the Inspector General of the Department of De20 fense shall each review the documentation referred to in

21 paragraph (1) of such subsection and submit to the congres22 sional defense committees a report on the extent to which

23 the acquisition is—

24 (1) in compliance with the requirements of this

25 section and all currently applicable laws, Office of
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1 Management and Budget circulars, and regulations;

2 and

3 (2) consistent with the analysis of alternatives

4 referred to in subparagraph (A) of subsection (a)(1)

5 and the other documentation referred to in such sub6 section.

7 (c) LIMITATION ON ACQUISITION BEYOND LOW-RATE

8 INITIAL PRODUCTION.—(1) The acquisition by lease or

9 other contract of any aerial refueling aircraft for the Air

10 Force beyond low-rate initial production shall be subject to,

11 and for such acquisition the Secretary of the Air Force shall

12 comply with, the requirements of sections 2366 and 2399

13 of title 10, United States Code.

14 (2) For the purposes of this subsection, the term ‘‘low15 rate initial production’’, with respect to a lease, shall have

16 the same meaning as applies in the administration of sec17 tions 2366 and 2399 of title 10, United States Code, with

18 regard to any other form of acquisition.

19 (d) SOURCE SELECTION FOR INTEGRATED SUPPORT

20 OF AERIAL REFUELING AIRCRAFT FLEET.—For the selec21 tion of a provider of integrated support for the aerial refuel22 ing aircraft fleet in any acquisition by lease or other con23 tract of aerial refueling aircraft for the Air Force, the Sec24 retary of the Air Force shall—
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1 (1) before selecting the provider, perform all

2 analyses required by law of—

3 (A) the costs and benefits of—

4 (i) the alternative of using Federal

5 Government personnel to provide such sup6 port; and

7 (ii) the alternative of using contractor

8 personnel to provide such support;

9 (B) the core logistics requirements;

10 (C) use of performance-based logistics; and

11 (D) the length of contract period; and

12 (2) select the provider on the basis of fairly con13 ducted full and open competition (as defined in sec14 tion 4(6) of the Office of Federal Procurement Policy

15 Act (41 U.S.C. 403(6))).

16 (e) PRICE INFORMATION.—Before the Secretary of the

17 Air Force commits to acquiring by lease or other contract

18 any aerial refueling aircraft for the Air Force, the Secretary

19 shall require the manufacturer to provide, with respect to

20 commercial items covered by the lease or contract, appro21 priate information on the prices at which the same or simi22 lar items have previously been sold that is adequate for eval23 uating the reasonableness of the price for the items.

24 (f) AUDIT SERVICES.—The Secretary of the Air Force

25 shall contact the Office of the Inspector General for the De-
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1 partment of Defense for review and approval of any Air

2 Force use of non-Federal audit services for any lease or

3 other contract for the acquisition of aerial refueling air4 craft.

5 TITLE IX—DEPARTMENT OF DE6 FENSE ORGANIZATION AND

7 MANAGEMENT

8 Subtitle A—Reserve Components

9 SEC. 901. MODIFICATION OF STATED PURPOSE OF THE RE10 SERVE COMPONENTS.

11 Section 10102 of title 10, United States Code, is

12 amended by striking ‘‘, during and after the period needed

13 to procure and train additional units and qualified persons

14 to achieve the planned mobilization,’’.

15 SEC. 902. COMMISSION ON THE NATIONAL GUARD AND RE16 SERVES.

17 (a) ESTABLISHMENT.—There is established a commis18 sion to be known as the ‘‘Commission on the National

19 Guard and Reserves’’ (hereafter in this section referred to

20 as the ‘‘Commission’’).

21 (b) COMPOSITION.—(1) The Commission shall be com22 posed of 13 members appointed as follows:

23 (A) Three members appointed by the chairman

24 of the Committee on Armed Services of the Senate.
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1 (B) Three members appointed by the chairman

2 of the Committee on Armed Services of the House of

3 Representatives.

4 (C) Two members appointed by the ranking mi5 nority member of the Committee on Armed Services

6 of the Senate.

7 (D) Two members appointed by the ranking mi8 nority member of the Committee on Armed Service of

9 the House of Representatives.

10 (E) Three members appointed by the Secretary

11 of Defense.

12 (2) The members of the Commission shall be appointed

13 from among persons who have knowledge and expertise in

14 the following areas:

15 (A) National security.

16 (B) Roles and missions of any of the Armed

17 Forces.

18 (C) The mission, operations, and organization of

19 the National Guard of the United States.

20 (D) The mission, operations, and organization of

21 the other reserve components of the Armed Forces.

22 (E) Military readiness of the Armed Forces.

23 (F) Personnel pay and other forms of compensa24 tion.
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1 (G) Other personnel benefits, including health

2 care.

3 (3) Members of the Commission shall be appointed for

4 the life of the Commission. A vacancy in the membership

5 of the Commission shall not affect the powers of the Com6 mission, but shall be filled in the same manner as the origi7 nal appointment.

8 (4) The Secretary of Defense shall designate a member

9 of the Commission to be chairman of the Commission.

10 (c) DUTIES.—(1) The Commission shall carry out a

11 study of the following matters:

12 (A) The roles and missions of the National

13 Guard and the other reserve components of the Armed

14 Forces.

15 (B) The compensation and other benefits, includ16 ing health care benefits, that are provided for mem17 bers of the reserve components under the laws of the

18 United States.

19 (2) In carrying out the study under paragraph (1),

20 the Commission shall—

21 (A) assess the current roles and missions of the

22 reserve components and identify appropriate poten23 tial future roles and missions for the reserve compo24 nents;
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1 (B) assess the capabilities of the reserve compo2 nents and determine how the units and personnel of

3 the reserve components may be best used to support

4 the military operations of the Armed Forces and the

5 achievement of national security objectives, including

6 homeland defense, of the United States;

7 (C) assess—

8 (i) the current organization and structure of

9 the National Guard and the other reserve compo10 nents; and

11 (ii) the plans of the Department of Defense

12 and the Armed Forces for future organization

13 and structure of the National Guard and the

14 other reserve components;

15 (D) assess the manner in which the National

16 Guard and the other reserve components are currently

17 organized and funded for training and identify an

18 organizational and funding structure for training

19 that best supports the achievement of training objec20 tives and operational readiness;

21 (E) assess the effectiveness of the policies and

22 programs of the National Guard and the other reserve

23 components for achieving operational readiness and

24 personnel readiness, including medical and personal

25 readiness;
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1 (F) assess—

2 (i) the adequacy and appropriateness of the

3 compensation and benefits currently provided for

4 the members of the National Guard and the other

5 reserve components, including the availability of

6 health care benefits and health insurance; and

7 (ii) the effects of proposed changes in com8 pensation and benefits on military careers in

9 both the regular and the reserve components of

10 the Armed Forces;

11 (G) identify various feasible options for improv12 ing the compensation and other benefits available to

13 the members of the National Guard and the members

14 of the other reserve components and assess—

15 (i) the cost-effectiveness of such options; and

16 (ii) the foreseeable effects of such options on

17 readiness, recruitment, and retention of per18 sonnel for careers in the regular and reserve com19 ponents the Armed Forces;

20 (H) assess the traditional military career paths

21 for members of the National Guard and the other re22 serve components and identify alternative career

23 paths that could enhance professional development;

24 and
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1 (I) assess the adequacy of the funding provided

2 for the National Guard and the other reserve compo3 nents for several previous fiscal years, including the

4 funding provided for National Guard and reserve

5 component equipment and the funding provided for

6 National Guard and other reserve component per7 sonnel in active duty military personnel accounts and

8 reserve military personnel accounts.

9 (d) FIRST MEETING.—The Commission shall hold its

10 first meeting not later than 30 days after the date on which

11 all members of the Commission have been appointed.

12 (e) ADMINISTRATIVE AND PROCEDURAL AUTHORI13 TIES.—(1) Except as provided in paragraph (2), sections

14 955, 956, 957, 958, and 959 of the National Defense Author15 ization Act for Fiscal Year 1994 (Public Law 103–160; 107

16 Stat. 1740; 10 U.S.C 111 note) shall apply to the Commis17 sion.

18 (2)(A) The daily rate of pay payable under section

19 957(a) of Public Law 103–160 shall be equal to the daily

20 rate of basic pay prescribed for level IV of the Executive

21 Schedule.

22 (B) Section 957(f) of Public Law 103–160 (relating

23 to services of federally funded research and development

24 centers) shall not apply to the Commission.
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1 (3) The following provisions of law do not apply to

2 the Commission:

3 (A) Section 3161 of title 5, United States Code.

4 (B) The Federal Advisory Committee Act (5

5 U.S.C. App.).

6 (f) REPORTS.—(1) Not later than March 31, 2005, the

7 Commission shall submit to the Committees on Armed Serv8 ices of the Senate and the House of Representatives a report

9 setting forth—

10 (A) a strategic plan for the work of the Commis11 sion;

12 (B) a discussion of the activities of the Commis13 sion; and

14 (C) any initial findings of the Commission.

15 (2) Not later than December 31, 2005, the Commission

16 shall submit a final report to the Committees of Congress

17 referred to in paragraph (1). The final report shall include

18 any recommendations that the Commission determines ap19 propriate, including any recommended legislation, policies,

20 regulations, directives, and practices.

21 (g) TERMINATION.—The Commission shall terminate

22 90 days after the date on which the final report is submitted

23 under subsection (f)(2).
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1 (h) ANNUAL REVIEW BOARD.—(1)(A) Chapter 7 of

2 title 10, United States Code, is amended by adding at the

3 end the following new section:

4 ‘‘§ 186. Reserve components: annual review

5 ‘‘(a) INDEPENDENT REVIEW BOARD.—The Secretary

6 of Defense shall appoint a board to review the reserve com7 ponents of the armed forces.

8 ‘‘(b) COMPOSITION OF BOARD.—(1) The Secretary

9 shall appoint the members of the board from among persons

10 who have knowledge and expertise in the following areas:

11 ‘‘(A) National security.

12 ‘‘(B) Roles and missions of any of the armed

13 forces.

14 ‘‘(C) The mission, operations, and organization

15 of any of the reserve components.

16 ‘‘(D) Military readiness of the armed forces.

17 ‘‘(E) Personnel pay and other forms of com18 pensation.

19 ‘‘(F) Other personnel benefits, including health

20 care.

21 ‘‘(2) The Secretary of Defense shall designate a member

22 of the board to be chairman of the board.

23 ‘‘(c) DUTIES.—The board shall, on an annual basis—

24 ‘‘(1) review—
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1 ‘‘(A) the roles and missions of the reserve

2 components; and

3 ‘‘(B) the compensation and other benefits,

4 including health care benefits, that are provided

5 for members of the reserve components under the

6 laws of the United States; and

7 ‘‘(2) submit to the Secretary of Defense a report

8 on the review, which shall include the findings of the

9 board regarding the matters reviewed and any rec10 ommendations that the board considers appropriate

11 regarding those matters.

12 ‘‘(d) REPORT TO CONGRESS.—Promptly after receiv13 ing the report under subsection (c)(2), the Secretary shall

14 transmit the report, together with any comments and rec15 ommendations that the Secretary considers appropriate, to

16 the Committee on Armed Services of the Senate and the

17 Committee on Armed Services of the House of Representa18 tives.

19 ‘‘(e) ADMINISTRATIVE PROVISIONS.—Section 180(d) of

20 this title shall apply to the members of the review board

21 appointed under this section.’’.

22 (B) The table of sections at the beginning of such chap23 ter is amended by adding at the end the following new item:

‘‘186. Reserve components: annual review.’’.
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1 (2) The first review board under section 186 of title

2 10, United States Code (as added by paragraph (1)), shall

3 be appointed during fiscal year 2006.

4 SEC. 903. CHAIN OF SUCCESSION FOR THE CHIEF OF THE

5 NATIONAL GUARD BUREAU.

6 (a) SENIOR OFFICER.—(1) Section 10502 of title 10,

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

8 following new subsection:

9 ‘‘(e) SUCCESSION.—Unless otherwise directed by the

10 President or the Secretary of Defense, the most senior officer

11 among the officers of the Army National Guard of the

12 United States and the officers of the Air National Guard

13 of the United States performing the duties of positions in

14 the National Guard Bureau shall act as the Chief of the

15 National Guard Bureau during any period that—

16 ‘‘(1) there is a vacancy in the position of Chief

17 of the National Guard Bureau; or

18 ‘‘(2) the Chief is unable to perform the duties of

19 that position.’’.

20 (2)(A) The heading of such section is amended by add21 ing at the end the following: ‘‘; succession’’.

22 (B) The item relating to such section in the table of

23 sections at the beginning of chapter 1011 of such title is

24 amended to read as follows:

‘‘10502. Chief of the National Guard Bureau: appointment; adviser on National

Guard matters; grade; succession.’’.
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1 (b) CONFORMING AMENDMENT.—Section 10505 of such

2 title is amended by striking subsections (d) and (e).

3 SEC. 904. REDESIGNATION OF VICE CHIEF OF THE NA4 TIONAL GUARD BUREAU AS DIRECTOR OF

5 THE JOINT STAFF OF THE NATIONAL GUARD

6 BUREAU.

7 (a) REDESIGNATION OF POSITION.—Subsection (a)(1)

8 of section 10505 of title 10, United States Code, is amended

9 by striking ‘‘Vice Chief of the National Guard Bureau’’ and

10 inserting ‘‘Director of the Joint Staff of the National Guard

11 Bureau’’.

12 (b) CONFORMING AMENDMENTS.—(1) Subsections

13 (a)(3)(A), (a)(3)(B), (b), (c), and (d) of section 10505 of

14 title 10, United States Code, are amended by striking ‘‘Vice

15 Chief of the National Guard Bureau’’ and inserting ‘‘Direc16 tor of the Joint Staff of the National Guard Bureau’’.

17 (2) Subsection (a)(3)(B) of such section, as amended

18 by paragraph (1), is further amended by striking ‘‘as the

19 Vice Chief’’ and inserting ‘‘as the Director’’.

20 (3) Paragraphs (2) and (4) of subsection (a) of such

21 section are amended by striking ‘‘Chief and Vice Chief of

22 the National Guard Bureau’’ and inserting ‘‘Chief of the

23 National Guard Bureau and the Director of the Joint Staff

24 of the National Guard Bureau’’.

25 (4)(A) Subsection (e) of such section is amended—
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1 (i) by striking ‘‘Chief and Vice Chief of the Na2 tional Guard Bureau or in the absence or disability

3 of both the Chief and Vice Chief of the National

4 Guard Bureau’’ and inserting ‘‘Chief of the National

5 Guard Bureau and the Director of the Joint Staff of

6 the National Guard Bureau or in the absence or dis7 ability of both the Chief and the Director’’; and

8 (ii) by striking ‘‘Chief or Vice Chief’’ both places

9 it appears and inserting ‘‘Chief or Director’’.

10 (B) The heading for such subsection is amended by

11 striking ‘‘VICE CHIEF.—’’ and inserting ‘‘DIRECTOR OF

12 THE JOINT STAFF.—’’.

13 (5) Section 10506(a)(1) of title 10, United States Code,

14 is amended by striking ‘‘Chief and Vice Chief of the Na15 tional Guard Bureau’’ and inserting ‘‘Chief of the National

16 Guard Bureau and the Director of the Joint Staff of the

17 National Guard Bureau’’.

18 (c) CLERICAL AMENDMENTS.—(1) The heading for sec19 tion 10505 of title 10, United States Code, is amended to

20 read as follows:

21 ‘‘§ 10505. Director of the Joint Staff of the National

22 Guard Bureau’’.

23 (2) The item relating to such section in the table of

24 sections at the beginning of chapter 1011 of such title is

25 amended to read as follows:

‘‘10505. Director of the Joint Staff of the National Guard Bureau.’’.
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1 (d) OTHER REFERENCES.—Any reference that is made

2 in any law, regulation, document, paper, or other record

3 of the United States to the Vice Chief of the National Guard

4 Bureau shall be deemed to be a reference to the Director

5 of the Joint Staff of the National Guard Bureau.

6 SEC. 905. AUTHORITY TO REDESIGNATE THE NAVAL RE7 SERVE.

8 (a) AUTHORITY OF SECRETARY OF THE NAVY.—The

9 Secretary of the Navy may, with the approval of the Presi10 dent, redesignate the Naval Reserve as the ‘‘Navy Reserve’’

11 effective on the date that is 180 days after the date on which

12 the Secretary submits recommended legislation under sub13 section (b).

14 (b) RECOMMENDED LEGISLATION.—If the Secretary of

15 the Navy exercises the authority to redesignate the Naval

16 Reserve under subsection (a), the Secretary shall submit to

17 the Committee on Armed Services of the Senate and the

18 Committee on Armed Services of the House of Representa19 tives recommended legislation that identifies each specific

20 provision of law that refers to the Naval Reserve and sets

21 forth an amendment to that specific provision of law to con22 form the reference to the new designation.

23 (c) EFFECT OF REDESIGNATION.—On and after the ef24 fective date of a redesignation of the Naval Reserve under

25 subsection (a), any reference in any law, map, regulation,
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1 document, paper, or other record of the United States to

2 the Naval Reserve shall be deemed to be a reference to the

3 Navy Reserve.

4 SEC. 906. HOMELAND SECURITY ACTIVITIES OF THE NA5 TIONAL GUARD.

6 (a) AUTHORITY.—Chapter 1 of title 32, United States

7 Code, is amended by adding at the end the following new

8 section:

9 ‘‘§ 116. Homeland security activities

10 ‘‘(a) USE OF PERSONNEL PERFORMING FULL-TIME

11 NATIONAL GUARD DUTY.—The Governor of a State may,

12 upon the request by the head of a Federal agency and with

13 the concurrence of the Secretary of Defense, order any per14 sonnel of the National Guard of the State to perform full15 time National Guard duty under section 502(f) of this title

16 for the purpose of carrying out homeland security activities,

17 as described in subsection (b).

18 ‘‘(b) PURPOSE AND DURATION.—(1) The purpose for

19 the use of personnel of the National Guard of a State under

20 this section is to temporarily provide trained and dis21 ciplined personnel to a Federal agency to assist that agency

22 in carrying out homeland security activities.

23 ‘‘(2) The duration of the use of the National Guard

24 of a State under this section shall be limited to a period

25 of 180 days. The Governor of the State may, with the con-
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1 currence of the Secretary of Defense, extend the period one

2 time for an additional 90 days to meet extraordinary cir3 cumstances.

4 ‘‘(c) RELATIONSHIP TO REQUIRED TRAINING.— A

5 member of the National Guard serving on full-time Na6 tional Guard duty under orders authorized under sub7 section (a) shall participate in the training required under

8 section 502(a) of this title in addition to the duty performed

9 for the purpose authorized under that subsection. The pay,

10 allowances, and other benefits of the member while partici11 pating in the training shall be the same as those to which

12 the member is entitled while performing duty for the pur13 pose of carrying out homeland security activities. The mem14 ber is not entitled to additional pay, allowances, or other

15 benefits for participation in training required under section

16 502(a)(1) of this title.

17 ‘‘(d) READINESS.—To ensure that the use of units and

18 personnel of the National Guard of a State for homeland

19 security activities does not degrade the training and readi20 ness of such units and personnel, the following requirements

21 shall apply in determining the homeland security activities

22 that units and personnel of the National Guard of a State

23 may perform:

24 ‘‘(1) The performance of the activities may not

25 adversely affect the quality of that training or other-
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1 wise interfere with the ability of a member or unit of

2 the National Guard to perform the military functions

3 of the member or unit.

4 ‘‘(2) National Guard personnel will not degrade

5 their military skills as a result of performing the ac6 tivities.

7 ‘‘(3) The performance of the activities will not

8 result in a significant increase in the cost of training.

9 ‘‘(4) In the case of homeland security performed

10 by a unit organized to serve as a unit, the activities

11 will support valid unit training requirements.

12 ‘‘(e) PAYMENT OF COSTS.—(1) The Secretary of De13 fense shall provide funds to the Governor of a State to pay

14 costs of the use of personnel of the National Guard of the

15 State for the performance of homeland security activities

16 under this section. Such funds shall be used for the following

17 costs:

18 ‘‘(A) The pay, allowances, clothing, subsistence,

19 gratuities, travel, and related expenses (including all

20 associated training expenses, as determined by the

21 Secretary), as authorized by State law, of personnel

22 of the National Guard of that State used, while not

23 in Federal service, for the purpose of homeland secu24 rity activities.
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1 ‘‘(B) The operation and maintenance of the

2 equipment and facilities of the National Guard of

3 that State used for the purpose of homeland security

4 activities.

5 ‘‘(2) The Secretary of Defense shall require the head

6 of an agency receiving support from the National Guard

7 of a State in the performance of homeland security activi8 ties under this section to reimburse the Department of De9 fense for the payments made to the State for such support

10 under paragraph (1).

11 ‘‘(f) MEMORANDUM OF AGREEMENT.—The Secretary of

12 Defense and the Governor of a State shall enter into a

13 memorandum of agreement with the head of each Federal

14 agency to which the personnel of the National Guard of that

15 State are to provide support in the performance of home16 land security activities under this section. The memo17 randum of agreement shall—

18 ‘‘(1) specify how personnel of the National

19 Guard are to be used in homeland security activities;

20 ‘‘(2) include a certification by the Adjutant Gen21 eral of the State that those activities are to be per22 formed at a time when the personnel are not in Fed23 eral service;

24 ‘‘(3) include a certification by the Adjutant Gen25 eral of the State that—
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1 ‘‘(A) participation by National Guard per2 sonnel in those activities is service in addition to

3 training required under section 502 of this title;

4 and

5 ‘‘(B) the requirements of subsection (d) of

6 this section will be satisfied;

7 ‘‘(4) include a certification by the Attorney Gen8 eral of the State (or, in the case of a State with no

9 position of Attorney General, a civilian official of the

10 State equivalent to a State attorney general), that the

11 use of the National Guard of the State for the activi12 ties provided for under the memorandum of agree13 ment is authorized by, and is consistent with, State

14 law;

15 ‘‘(5) include a certification by the Governor of

16 the State or a civilian official of the State designated

17 by the Governor that the activities provided for under

18 the memorandum of agreement serve a State security

19 purpose; and

20 ‘‘(6) include a certification by the head of the

21 Federal agency that the agency will have a plan to

22 ensure that the agency’s requirement for National

23 Guard support ends not later than 179 days after the

24 commencement of the support.
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1 ‘‘(g) EXCLUSION FROM END-STRENGTH COMPUTA2 TION.—Notwithstanding any other provision of law, mem3 bers of the National Guard on active duty or full-time Na4 tional Guard duty for the purposes of administering (or

5 during fiscal year 2003 otherwise implementing) this sec6 tion shall not be counted toward the annual end strength

7 authorized for Reserves on active duty in support of the re8 serve components of the armed forces or toward the strengths

9 authorized in sections 12011 and 12012 of title 10.

10 ‘‘(h) ANNUAL REPORT.—The Secretary of Defense shall

11 submit to Congress an annual report regarding any assist12 ance provided and activities carried out under this section

13 during the preceding fiscal year. The report shall include

14 the following:

15 ‘‘(1) The number of members of the National

16 Guard excluded under subsection (g) from the com17 putation of end strengths.

18 ‘‘(2) A description of the homeland security ac19 tivities conducted with funds provided under this sec20 tion.

21 ‘‘(3) An accounting of the amount of funds pro22 vided to each State.

23 ‘‘(4) A description of the effect on military train24 ing and readiness of using units and personnel of the
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1 National Guard to perform homeland security activi2 ties under this section.

3 ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in this sec4 tion shall be construed as a limitation on the authority of

5 any unit of the National Guard of a State, when such unit

6 is not in Federal service, to perform functions authorized

7 to be performed by the National Guard by the laws of the

8 State concerned.

9 ‘‘(j) DEFINITIONS.—For purposes of this section:

10 ‘‘(1) The term ‘Governor of a State’ means, in

11 the case of the District of Columbia, the Commanding

12 General of the National Guard of the District of Co13 lumbia.

14 ‘‘(2) The term ‘State’ means each of the several

15 States, the District of Columbia, the Commonwealth

16 of Puerto Rico, or a territory or possession of the

17 United States.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections at

19 the beginning of such section is amended by adding at the

20 end the following new item:

‘‘116. Homeland security activities.’’.
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1 Subtitle B—Other Matters

2 SEC. 911. STUDY OF ROLES AND AUTHORITIES OF THE DI3 RECTOR OF DEFENSE RESEARCH AND ENGI4 NEERING.

5 (a) STUDY REQUIRED.—The Secretary of Defense shall

6 carry out a study of the roles and authorities of the Director

7 of Defense Research and Engineering.

8 (b) CONTENT OF STUDY.—The study under this section

9 shall include the following:

10 (1) An examination of the past and current roles

11 and authorities of the Director of Defense Research

12 and Engineering.

13 (2) An analysis to determine appropriate future

14 roles and authorities for the Director, including an

15 analysis of the following matters:

16 (A) The relationship of the Director to other

17 senior science and technology and acquisition of18 ficials of the military departments and the De19 fense Agencies

20 (B) The relationship of the Director to the

21 performance of the following functions:

22 (i) The planning, programming, and

23 budgeting of the science and technology pro24 grams of the Department of Defense, includ-
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1 ing those of the military departments and

2 the Defense Agencies.

3 (ii) The management of Department of

4 Defense laboratories and technical centers,

5 including the management of the Federal

6 Government scientific and technical work7 force for such laboratories and centers.

8 (iii) The promotion of the rapid tran9 sition of technologies to acquisition pro10 grams within the Department of Defense.

11 (iv) The promotion of the transfer of

12 technologies into and from the commercial

13 sector.

14 (v) The coordination of Department of

15 Defense science and technology activities

16 with organizations outside the Department

17 of Defense, including other Federal Govern18 ment agencies, international research orga19 nizations, industry, and academia.

20 (vi) The technical review of Depart21 ment of Defense acquisition programs and

22 policies.

23 (vii) The training and educational ac24 tivities for the national scientific and tech25 nical workforce.
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1 (viii) The development of science and

2 technology policies and programs relating to

3 the maintenance of the national technology

4 and industrial base.

5 (3) An examination of the duties of the Director

6 as the Chief Technology Officer of the Department of

7 Defense, especially in comparison to the duties of

8 similar positions in the Federal Government and in9 dustry.

10 (4) An examination of any other matters that

11 the Secretary considers appropriate for the study.

12 (c) REPORT.—(1) Not later than February 1, 2006, the

13 Secretary shall submit a report on the results of the study

14 under this section to the congressional defense committees.

15 (2) The report shall include recommendations regard16 ing the appropriate roles, authorities, and resources that

17 should be assigned to the Director of Defense Research and

18 Engineering in order to enable the Director to serve effec19 tively as the Chief Technology Officer of the Department

20 of Defense and to support the transformation of the Armed

21 Forces.

22 (d) ROLE OF DEFENSE SCIENCE BOARD IN STUDY AND

23 REPORT.—The Secretary shall act through the Defense

24 Science Board in carrying out the study under this section

25 and preparing the report under subsection (c).
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1 SEC. 912. DIRECTORS OF SMALL BUSINESS PROGRAMS.

2 (a) REDESIGNATION OF EXISTING POSITIONS AND OF3 FICES.—(1) Each of the following positions within the De4 partment of Defense is redesignated as the Director of Small

5 Business Programs:

6 (A) The Director of Small and Disadvantaged

7 Business Utilization of the Department of Defense.

8 (B) The Director of Small and Disadvantaged

9 Business Utilization of the Department of the Army.

10 (C) The Director of Small and Disadvantaged

11 Business Utilization of the Department of the Navy.

12 (D) The Director of Small and Disadvantaged

13 Business Utilization of the Department of the Air

14 Force.

15 (2) Each of the following offices within the Department

16 of Defense is redesignated as the Office of Small Business

17 Programs:

18 (A) The Office of Small and Disadvantaged

19 Business Utilization of the Department of Defense.

20 (B) The Office of Small and Disadvantaged

21 Business Utilization of the Department of the Army.

22 (C) The Office of Small and Disadvantaged

23 Business Utilization of the Department of the Navy.

24 (D) The Office of Small and Disadvantaged

25 Business Utilization of the Department of the Air

26 Force.
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1 (3) Any reference that is made in any law, regulation,

2 document, paper, or other record of the United States to

3 a position or office redesignated by paragraph (1) or (2)

4 shall be deemed to be a reference to the position or office

5 as so redesignated.

6 (b) DEPARTMENT OF DEFENSE POSITION AND OF7 FICE.—(1) Chapter 4 of title 10, United States Code, is

8 amended by inserting after section 133b the following new

9 section:

10 ‘‘§ 133c. Director of Small Business Programs

11 ‘‘(a) DIRECTOR.—There is a Director of Small Busi12 ness Programs in the Department of Defense. The Director

13 is appointed by the Secretary of Defense.

14 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

15 Office of Small Business Programs of the Department of

16 Defense is the office that is established within the Office of

17 the Secretary of Defense under section 15(k) of the Small

18 Business Act (15 U.S.C. 644(k)). The Director of Small

19 Business Programs is the head of such office.

20 ‘‘(c) DUTIES AND POWERS.—(1) The Director of Small

21 Business Programs shall, subject to paragraph (2), perform

22 such duties regarding small business programs of the De23 partment of Defense, and shall exercise such powers regard24 ing those programs, as the Secretary of Defense may pre25 scribe.
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1 ‘‘(2) Section 15(k) of the Small Business Act (15

2 U.S.C. 644(k)), except for the designations of the Director

3 and the Office, applies to the Director of Small Business

4 Programs.’’.

5 (2) The table of sections at the beginning of such chap6 ter is amended by inserting after the item relating to section

7 133b the following new item:

‘‘133c. Director of Small Business Programs.’’.

8 (c) DEPARTMENT OF THE ARMY POSITION AND OF9 FICE.—(1) Chapter 303 of title 10, United States Code, is

10 amended by adding at the end the following new section:

11 ‘‘§ 3024. Director of Small Business Programs

12 ‘‘(a) DIRECTOR.—There is a Director of Small Busi13 ness Programs in the Department of the Army. The Director

14 is appointed by the Secretary of the Army.

15 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

16 Office of Small Business Programs of the Department of

17 the Army is the office that is established within the Depart18 ment of the Army under section 15(k) of the Small Business

19 Act (15 U.S.C. 644(k)). The Director of Small Business

20 Programs is the head of such office.

21 ‘‘(c) DUTIES AND POWERS.—(1) The Director of Small

22 Business Programs shall, subject to paragraph (2), perform

23 such duties regarding small business programs of the De24 partment of the Army, and shall exercise such powers re-
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1 garding those programs, as the Secretary of the Army may

2 prescribe.

3 ‘‘(2) Section 15(k) of the Small Business Act (15

4 U.S.C. 644(k)), except for the designations of the Director

5 and the Office, applies to the Director of Small Business

6 Programs.’’.

7 (2) The table of sections at the beginning of such chap8 ter is amended by adding at the end the following new item:

‘‘3024. Director of Small Business Programs.’’.

9 (d) DEPARTMENT OF THE NAVY POSITION AND OF10 FICE.—(1) Chapter 503 of title 10, United States Code, is

11 amended by adding at the end the following new section:

12 ‘‘§ 5028. Director of Small Business Programs

13 ‘‘(a) DIRECTOR.—There is a Director of Small Busi14 ness Programs in the Department of the Navy. The Director

15 is appointed by the Secretary of the Navy.

16 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

17 Office of Small Business Programs of the Department of

18 the Navy is the office that is established within the Depart19 ment of the Navy under section 15(k) of the Small Business

20 Act (15 U.S.C. 644(k)). The Director of Small Business

21 Programs is the head of such office.

22 ‘‘(c) DUTIES AND POWERS.—(1) The Director of Small

23 Business Programs shall, subject to paragraph (2), perform

24 such duties regarding small business programs of the De25 partment of the Navy, and shall exercise such powers re-
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1 garding those programs, as the Secretary of the Navy may

2 prescribe.

3 ‘‘(2) Section 15(k) of the Small Business Act (15

4 U.S.C. 644(k)), except for the designations of the Director

5 and the Office, applies to the Director of Small Business

6 Programs.’’.

7 (2) The table of sections at the beginning of such chap8 ter is amended by adding at the end the following new item:

‘‘5028. Director of Small Business Programs.’’.

9 (d) DEPARTMENT OF THE AIR FORCE POSITION AND

10 OFFICE.—(1) Chapter 803 of title 10, United States Code,

11 is amended by adding at the end the following new section:

12 ‘‘§ 8024. Director of Small Business Programs

13 ‘‘(a) DIRECTOR.—There is a Director of Small Busi14 ness Programs in the Department of the Air Force. The Di15 rector is appointed by the Secretary of the Air Force.

16 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

17 Office of Small Business Programs of the Department of

18 the Air Force is the office that is established within the De19 partment of the Air Force under section 15(k) of the Small

20 Business Act (15 U.S.C. 644(k)). The Director of Small

21 Business Programs is the head of such office.

22 ‘‘(c) DUTIES AND POWERS.—(1) The Director of Small

23 Business Programs shall, subject to paragraph (2), perform

24 such duties regarding small business programs of the De25 partment of the Air Force, and shall exercise such powers
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1 regarding those programs, as the Secretary of the Air Force

2 may prescribe.

3 ‘‘(2) Section 15(k) of the Small Business Act (15

4 U.S.C. 644(k)), except for the designations of the Director

5 and the Office, applies to the Director of Small Business

6 Programs.’’.

7 (2) The table of sections at the beginning of such chap8 ter is amended by adding at the end the following new item:

‘‘8024. Director of Small Business Programs.’’.

9 SEC. 913. LEADERSHIP POSITIONS FOR THE NAVAL POST10 GRADUATE SCHOOL.

11 (a) DESIGNATION OF PRESIDENT.—(1) The position of

12 Superintendent of the Naval Postgraduate School is redesig13 nated as President of the Naval Postgraduate School.

14 (2) Any reference to the Superintendent of the Naval

15 Postgraduate School in any law, rule, regulation, docu16 ment, record, or other paper of the United States shall be

17 deemed to be a reference to the President of the Naval Post18 graduate School.

19 (3) Sections 7042, 7044, 7048(a), and 7049(e) of title

20 10, United States Code, are amended by striking ‘‘Super21 intendent’’ each place it appears and inserting ‘‘President’’.

22 (4) The heading of section 7042 of such title is amend23 ed by striking ‘‘Superintendent;’’ in the section heading

24 and inserting ‘‘President;’’.
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1 (b) PROVOST AND ACADEMIC DEAN.—(1) The position

2 of Academic Dean of the Naval Postgraduate School is re3 designated as Provost and Academic Dean of the Naval

4 Postgraduate School.

5 (2) Any reference to the Academic Dean of the Naval

6 Postgraduate School in any law, rule, regulation, docu7 ment, record, or other paper of the United States shall be

8 deemed to be a reference to the Provost and Academic Dean

9 of the Naval Postgraduate School.

10 (3)(A) Subsection (a) of section 7043 of title 10,

11 United States Code, is amended to read as follows:

12 ‘‘(a) There is at the Naval Postgraduate School the sin13 gle civilian position of Provost and Academic Dean. The

14 Provost and Academic Dean shall be appointed, to serve

15 for periods of not more than five years, by the Secretary

16 of the Navy. Before making an appointment to the position

17 of Provost and Academic Dean, the Secretary shall consult

18 with the Board of Advisors for the Naval Postgraduate

19 School and consider any recommendation of the leadership

20 and faculty of the Naval Postgraduate School regarding an

21 appointment to the position.’’.

22 (B) The heading of such section is amended to read

23 as follows:
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1 ‘‘§ 7043. Provost and Academic Dean’’.

2 (4) Sections 7043(b) and 7081(a) of title 10, United

3 States Code, are amended by striking ‘‘Academic Dean’’

4 and inserting ‘‘Provost and Academic Dean’’.

5 (5) Section 5102(c)(10) of title 5, United States Code,

6 is amended by striking ‘‘Academic Dean of the Post7 graduate School of the Naval Academy’’ and inserting

8 ‘‘Provost and Academic Dean of the Naval Postgraduate

9 School’’.

10 (c) CLERICAL AMENDMENTS.—The table of sections at

11 the beginning of chapter 605 of such title 10, United States

12 Code, is amended by striking the items related to sections

13 7042 and 7043 and inserting the following new items:

‘‘7042. President: assistants.

‘‘7043. Provost and Academic Dean.’’.

14 SEC. 914. UNITED STATES MILITARY CANCER INSTITUTE.

15 (a) ESTABLISHMENT.—Chapter 104 of title 10, United

16 States Code, is amended by adding at the end the following

17 new section:

18 ‘‘§ 2117. United States Military Cancer Institute

19 ‘‘(a) ESTABLISHMENT.—(1) There is a United States

20 Military Cancer Institute in the University. The Director

21 of the United States Military Cancer Institute is the head

22 of the Institute.

23 ‘‘(2) The Institute is composed of clinical and basic

24 scientists in the Department of Defense who have an exper-
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1 tise in research, patient care, and education relating to on2 cology and who meet applicable criteria for participation

3 in the Institute.

4 ‘‘(3) The components of the Institute include military

5 treatment and research facilities that meet applicable cri6 teria and are designated as affiliates of the Institute.

7 ‘‘(b) RESEARCH.—(1) The Director of the United

8 States Military Cancer Institute shall carry out research

9 studies on the following:

10 ‘‘(A) The epidemiological features of cancer, in11 cluding assessments of the carcinogenic effect of ge12 netic and environmental factors, and of disparities in

13 health, inherent or common among populations of

14 various ethnic origins.

15 ‘‘(B) The prevention and early detection of can16 cer.

17 ‘‘(C) Basic, translational, and clinical investiga18 tion matters relating to the matters described in sub19 paragraphs (A) and (B).

20 ‘‘(2) The research studies under paragraph (1) shall

21 include complementary research on oncologic nursing.

22 ‘‘(c) COLLABORATIVE RESEARCH.—The Director of the

23 United States Military Cancer Institute shall carry out the

24 research studies under subsection (b) in collaboration with
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1 other cancer research organizations and entities selected by

2 the Institute for purposes of the research studies.

3 ‘‘(d) ANNUAL REPORT.—(1) Promptly after the end of

4 each fiscal year, the Director of the United States Military

5 Cancer Institute shall submit to the President of the Univer6 sity a report on the results of the research studies carried

7 out under subsection (b).

8 ‘‘(2) Not later than 60 days after receiving the annual

9 report under paragraph (1), the President of the University

10 shall transmit such report to the Secretary of Defense and

11 to Congress.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections at

13 the beginning of such chapter is amended by adding at the

14 end the following new item:

‘‘2117. United States Military Cancer Institute.’’.

15 SEC. 915. AUTHORITIES OF THE JUDGE ADVOCATES GEN16 ERAL.

17 (a) DEPARTMENT OF THE ARMY.—(1) Section 3019(b)

18 of title 10, United States Code, is amended by striking ‘‘The

19 General Counsel’’ and inserting ‘‘Subject to sections 806

20 and 3037 of this title, the General Counsel’’.

21 (2)(A) Section 3037 of such title is amended to read

22 as follows:
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1 ‘‘§ 3037. Judge Advocate General, Assistant Judge Ad2 vocate General: appointment; duties

3 ‘‘(a) POSITION OF JUDGE ADVOCATE GENERAL.—

4 There is a Judge Advocate General in the Army, who is

5 appointed by the President, by and with the advice and

6 consent of the Senate, from officers of the Judge Advocate

7 General’s Corps. The term of office is four years, but may

8 be sooner terminated or extended by the President. The

9 Judge Advocate General, while so serving, has the grade of

10 lieutenant general.

11 ‘‘(b) APPOINTMENT.—The Judge Advocate General of

12 the Army shall be appointed from those officers who at the

13 time of appointment are members of the bar of a Federal

14 court or the highest court of a State or Territory, and who

15 have had at least eight years of experience in legal duties

16 as commissioned officers.

17 ‘‘(c) DUTIES.—The Judge Advocate General, in addi18 tion to other duties prescribed by law—

19 ‘‘(1) is the legal adviser of the Secretary of the

20 Army, the Chief of Staff of the Army, and the Army

21 Staff, and of all offices and agencies of the Depart22 ment of the Army;

23 ‘‘(2) shall direct and supervise the members of

24 the Judge Advocate General’s Corps and civilian at25 torneys employed by the Department of the Army

26 (other than those assigned or detailed to the Office of
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1 the General Counsel of the Army) in the performance

2 of their duties;

3 ‘‘(3) shall direct and supervise the performance

4 of duties under chapter 47 of this title (the Uniform

5 Code of Military Justice) by any member of the

6 Army;

7 ‘‘(4) shall receive, revise, and have recorded the

8 proceedings of courts of inquiry and military com9 missions; and

10 ‘‘(5) shall perform such other legal duties as may

11 be directed by the Secretary of the Army.

12 ‘‘(d) POSITION OF ASSISTANT JUDGE ADVOCATE GEN13 ERAL.—There is an Assistant Judge Advocate General in

14 the Army, who is appointed by the President, by and with

15 the advice and consent of the Senate, from officers of the

16 Army who have the qualifications prescribed in subsection

17 (b) for the Judge Advocate General. The term of office of

18 the Assistant Judge Advocate General is four years, but

19 may be sooner terminated or extended by the President. An

20 officer appointed as Assistant Judge Advocate General who

21 holds a lower regular grade shall be appointed in the reg22 ular grade of major general.

23 ‘‘(e) APPOINTMENTS RECOMMENDED BY SELECTION

24 BOARDS.—Under regulations prescribed by the Secretary of

25 Defense, the Secretary of the Army, in selecting an officer
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1 for recommendation to the President under subsection (a)

2 for appointment as the Judge Advocate General or under

3 subsection (d) for appointment as the Assistant Judge Advo4 cate General, shall ensure that the officer selected is rec5 ommended by a board of officers that, insofar as prac6 ticable, is subject to the procedures applicable to selection

7 boards convened under chapter 36 of this title.’’.

8 (B) The item relating to such section in the table of

9 sections at the beginning of chapter 305 of such title is

10 amended to read as follows:

‘‘3037. Judge Advocate General, Assistant Judge Advocate General: appointment;

duties.’’.

11 (b) DEPARTMENT OF THE NAVY.—(1) Section 5019(b)

12 of title 10, United States Code, is amended by striking ‘‘The

13 General Counsel’’ and inserting ‘‘Subject to sections 806

14 and 5148 of this title, the General Counsel’’.

15 (2) Section 5148 of such title is amended—

16 (A) in subsection (b), by striking the fourth sen17 tence and inserting the following: ‘‘The Judge Advo18 cate General, while so serving, has the grade of vice

19 admiral or lieutenant general, as appropriate.’’; and

20 (B) by striking subsection (d) and inserting the

21 following:

22 ‘‘(d) The Judge Advocate General, in addition to other

23 duties prescribed by law—
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1 ‘‘(1) is the legal adviser of the Secretary of the

2 Navy, the Chief of Naval Operations, and all offices,

3 bureaus, and agencies of the Department of the Navy;

4 ‘‘(2) shall direct and supervise the judge advo5 cates of the Navy and the Marine Corps and civilian

6 attorneys employed by the Department of the Navy

7 (other than those assigned or detailed to the Office of

8 the General Counsel of the Navy) in the performance

9 of their duties;

10 ‘‘(3) shall direct and supervise the performance

11 of duties under chapter 47 of this title (the Uniform

12 Code of Military Justice) by any member of the Navy

13 or Marine Corps;

14 ‘‘(4) shall receive, revise, and have recorded the

15 proceedings of courts of inquiry and military com16 missions; and

17 ‘‘(5) shall perform such other legal duties as may

18 be directed by the Secretary of the Navy.’’.

19 (c) DEPARTMENT OF THE AIR FORCE.—(1) Section

20 8019(b) of title 10, United States Code, is amended by strik21 ing ‘‘The General Counsel’’ and inserting ‘‘Subject to sec22 tions 806 and 8037 of this title, the General Counsel’’.

23 (2) Section 8037 of such title is amended—

24 (A) in subsection (a), by striking the third sen25 tence and inserting the following: ‘‘The Judge Advo-
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1 cate General, while so serving, has the grade of lieu2 tenant general.’’; and

3 (B) in subsection (c)—

4 (i) by striking ‘‘General shall,’’ in the mat5 ter preceding paragraph (1) and inserting ‘‘Gen6 eral,’’;

7 (ii) by redesignating paragraphs (1) and

8 (2) as paragraphs (4) and (5), respectively, and,

9 in each such paragraph, by inserting ‘‘shall’’ be10 fore the first word; and

11 (iii) by inserting after paragraph (1) the

12 following new paragraphs:

13 ‘‘(1) is the legal adviser of the Secretary of the

14 Air Force, the Chief of Staff of the Air Force, and the

15 Air Staff, and of all offices and agencies of the De16 partment of the Air Force;

17 ‘‘(2) shall direct and supervise the members of

18 the Air Force designated as judge advocates and civil19 ian attorneys employed by the Department of the Air

20 Force (other than those assigned or detailed to the Of21 fice of the General Counsel of the Air Force) in the

22 performance of their duties;

23 ‘‘(3) shall direct and supervise the performance

24 of duties under chapter 47 of this title (the Uniform
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1 Code of Military Justice) by any member of the Air

2 Force;’’.

3 (d) EXCLUSION FROM LIMITATION ON GENERAL AND

4 FLAG OFFICER DISTRIBUTION.—Section 525(b) of title 10,

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

6 following new paragraph:

7 ‘‘(9) An officer while serving as the Judge Advocate

8 General of the Army, the Judge Advocate General of the

9 Navy, or the Judge Advocate General of the Air Force is

10 in addition to the number that would otherwise be per11 mitted for that officer’s armed force for officers serving on

12 active duty in grades above major general or rear admiral

13 under paragraph (1) or (2), as the case may be.’’.

14 TITLE X—GENERAL PROVISIONS

15 Subtitle A—Financial Matters

16 SEC. 1001. TRANSFER AUTHORITY.

17 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)

18 Upon determination by the Secretary of Defense that such

19 action is necessary in the national interest, the Secretary

20 may transfer amounts of authorizations made available to

21 the Department of Defense in this division for fiscal year

22 2005 between any such authorizations for that fiscal year

23 (or any subdivisions thereof). Amounts of authorizations so

24 transferred shall be merged with and be available for the

25 same purposes as the authorization to which transferred.
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1 (2) The total amount of authorizations that the Sec2 retary may transfer under the authority of this section may

3 not exceed $3,000,000,000.

4 (b) LIMITATIONS.—The authority provided by this sec5 tion to transfer authorizations—

6 (1) may only be used to provide authority for

7 items that have a higher priority than the items from

8 which authority is transferred; and

9 (2) may not be used to provide authority for an

10 item that has been denied authorization by Congress.

11 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans12 fer made from one account to another under the authority

13 of this section shall be deemed to increase the amount au14 thorized for the account to which the amount is transferred

15 by an amount equal to the amount transferred.

16 (d) NOTICE TO CONGRESS.—The Secretary shall

17 promptly notify Congress of each transfer made under sub18 section (a).

19 SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COM20 MON-FUNDED BUDGETS IN FISCAL YEAR 2005.

21 (a) FISCAL YEAR 2005 LIMITATION.—The total

22 amount contributed by the Secretary of Defense in fiscal

23 year 2005 for the common-funded budgets of NATO may

24 be any amount up to, but not in excess of, the amount speci25 fied in subsection (b) (rather than the maximum amount
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1 that would otherwise be applicable to those contributions

2 under the fiscal year 1998 baseline limitation).

3 (b) TOTAL AMOUNT.—The amount of the limitation

4 applicable under subsection (a) is the sum of the following:

5 (1) The amounts of unexpended balances, as of

6 the end of fiscal year 2004, of funds appropriated for

7 fiscal years before fiscal year 2005 for payments for

8 those budgets.

9 (2) The amount specified in subsection (c)(1).

10 (3) The amount specified in subsection (c)(2).

11 (4) The total amount of the contributions author12 ized to be made under section 2501.

13 (c) AUTHORIZED AMOUNTS.—Amounts authorized to

14 be appropriated by titles II and III of this Act are available

15 for contributions for the common-funded budgets of NATO

16 as follows:

17 (1) Of the amount provided in section 201(1),

18 $756,000 for the Civil Budget.

19 (2) Of the amount provided in section 301(1),

20 $222,492,000 for the Military Budget.

21 (d) DEFINITIONS.—For purposes of this section:

22 (1) COMMON-FUNDED BUDGETS OF NATO.—The

23 term ‘‘common-funded budgets of NATO’’ means the

24 Military Budget, the Security Investment Program,

25 and the Civil Budget of the North Atlantic Treaty Or-
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1 ganization (and any successor or additional account

2 or program of NATO).

3 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

4 The term ‘‘fiscal year 1998 baseline limitation’’

5 means the maximum annual amount of Department

6 of Defense contributions for common-funded budgets of

7 NATO that is set forth as the annual limitation in

8 section 3(2)(C)(ii) of the resolution of the Senate giv9 ing the advice and consent of the Senate to the ratifi10 cation of the Protocols to the North Atlantic Treaty

11 of 1949 on the Accession of Poland, Hungary, and the

12 Czech Republic (as defined in section 4(7) of that res13 olution), approved by the Senate on April 30, 1998.

14 SEC. 1003. REDUCTION IN OVERALL AUTHORIZATION DUE

15 TO INFLATION SAVINGS.

16 (a) REDUCTION.—The total amount authorized to be

17 appropriated by titles I, II, and III is the amount equal

18 to the sum of the individual authorizations in those titles

19 reduced by $1,670,000,000.

20 (b) SOURCE OF SAVINGS.—Reductions required in

21 order to comply with subsection (a) shall be derived from

22 savings resulting from lower-than-expected inflation as a

23 result of the annual review of the budget conducted by the

24 Office of Management and Budget.
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1 (c) ALLOCATION OF REDUCTION.—The Secretary of

2 Defense shall allocate the reduction required by subsection

3 (a) among the accounts in titles I, II, and III to reflect

4 the extent to which net inflation savings are available in

5 those accounts.

6 SEC. 1004. DEFENSE BUSINESS SYSTEMS INVESTMENT MAN7 AGEMENT.

8 (a) REQUIREMENT FOR DEFENSE BUSINESS ENTER9 PRISE ARCHITECTURE AND TRANSITION PLAN.—(1) Not

10 later than September 30, 2005, the Secretary of Defense

11 shall develop—

12 (A) a defense business enterprise architecture

13 covering all defense business systems of the Depart14 ment of Defense and the functions and activities sup15 ported by such systems that—

16 (i) is sufficiently defined to effectively

17 guide, constrain, and permit implementation of

18 interoperable business system solutions; and

19 (ii) is consistent with the applicable policies

20 and procedures prescribed by the Director of the

21 Office of Management and Budget; and

22 (B) a transition plan for implementing the de23 fense business enterprise architecture.
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1 (2) In carrying out paragraph (1), the Secretary shall

2 act through the Defense Business Systems Management

3 Committee established under subsection (h).

4 (b) COMPOSITION OF ENTERPRISE ARCHITECTURE.—

5 The defense business enterprise architecture developed under

6 subsection (a)(1)(A) shall include the following:

7 (1) An information infrastructure that, at a

8 minimum, would enable the Department of Defense

9 to—

10 (A) comply with all Federal accounting, fi11 nancial management, and reporting require12 ments;

13 (B) routinely produce timely, accurate, and

14 reliable financial information for management

15 purposes;

16 (C) integrate budget, accounting, and pro17 gram information and systems; and

18 (D) provide for the systematic measurement

19 of performance, including the ability to produce

20 timely, relevant, and reliable cost information.

21 (2) Policies, procedures, data standards, and sys22 tem interface requirements that are to apply uni23 formly throughout the Department of Defense.
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1 (c) COMPOSITION OF TRANSITION PLAN.—(1) The

2 transition plan developed under subsection (a)(1)(B) shall

3 include the following:

4 (A) The acquisition strategy for new systems

5 that are expected to be needed to complete the defense

6 business enterprise architecture.

7 (B) A listing of the defense business systems as

8 of December 2, 2002 (known as ‘‘legacy systems’’),

9 that will not be part of the objective defense business

10 enterprise architecture, together with the schedule for

11 terminating those legacy systems that provides for re12 ducing the use of those legacy systems in phases.

13 (C) A listing of the legacy systems (referred to in

14 subparagraph (B)) that will be a part of the objective

15 defense business system, together with a strategy for

16 making the modifications to those systems that will be

17 needed to ensure that such systems comply with the

18 defense business enterprise architecture.

19 (2) Each of the strategies under paragraph (1) shall

20 include specific time-phased milestones, performance

21 metrics, and a statement of the financial and nonfinancial

22 resource needs.

23 (d) CONDITIONS FOR USE OF FUNDS FOR DEFENSE

24 BUSINESS SYSTEM MODERNIZATION.—(1) After September

25 30, 2005, an officer or employee of the United States may
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1 not obligate or expend an amount in excess of $1,000,000

2 for a defense business system modernization unless the Sec3 retary of Defense or the official delegated authority for the

4 system covered by such modernization under subsection (e)

5 has determined in writing that such defense business system

6 modernization—

7 (A) is consistent with the defense business enter8 prise architecture and transition plan developed

9 under subsection (a); or

10 (B) is necessary to—

11 (i) achieve a critical national security ca12 pability or address a critical requirement in an

13 area such as safety or security; or

14 (ii) prevent a significant adverse effect on a

15 project that is needed to achieve an essential ca16 pability, taking into consideration the alter17 native solutions for preventing such adverse ef18 fect.

19 (2) A violation of paragraph (1) is a violation of sec20 tion 1341(a)(1)(A) of title 31, United States Code.

21 (e) ACCOUNTABILITY FOR DEFENSE BUSINESS SYS22 TEMS.—The Secretary of Defense shall delegate authority

23 for the planning, design, acquisition, development, deploy24 ment, operation, maintenance, modernization, and over25 sight of defense business systems as follows:
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1 (1) To the Under Secretary of Defense for Acqui2 sition, Technology, and Logistics, for—

3 (A) defense business systems the primary

4 purpose of which is to support acquisition activi5 ties in the Department of Defense;

6 (B) defense business systems the primary

7 purpose of which is to support logistics activities

8 in the Department of Defense; and

9 (C) defense business systems the primary

10 purpose of which is to support installations and

11 environment activities in the Department of De12 fense.

13 (2) To the Under Secretary of Defense (Comp14 troller) and Chief Financial Officer, for—

15 (A) defense business systems the primary

16 purpose of which is to support financial manage17 ment activities in the Department of Defense;

18 and

19 (B) defense business systems the primary

20 purpose of which is to support strategic planning

21 and budgeting activities in the Department of

22 Defense.

23 (3) To the Under Secretary of Defense for Per24 sonnel and Readiness, for defense business systems the

25 primary purpose of which is to support human re-
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1 source management activities in the Department of

2 Defense.

3 (4) To the Assistant Secretary of Defense (Net4 works and Information Integration) and Chief Infor5 mation Officer, for defense business systems the pri6 mary purpose of which is to support information

7 technology infrastructure and information assurance

8 activities of the Department of Defense.

9 (5) To the Deputy Secretary of Defense or an

10 Under Secretary of Defense, as designated by the Sec11 retary of Defense, for defense business systems the pri12 mary purpose of which is to support any activity of

13 the Department of Defense not described in another

14 paragraph of this subsection.

15 (f) DEFENSE BUSINESS SYSTEM INVESTMENT RE16 VIEW.—(1) The Secretary of Defense shall require each offi17 cial to whom authority is delegated under subsection (e) to

18 establish an investment review process to review the plan19 ning, design, acquisition, development, deployment, oper20 ation, maintenance, and modernization of all defense busi21 ness systems covered by the authority so delegated to that

22 official, and to analyze project cost benefits and risks of

23 such systems.

24 (2) Each investment review process established under

25 paragraph (1) shall be consistent with the requirements of
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1 section 11312 of title 40, United States Code, and shall in2 clude the following features:

3 (A) An investment review board composed of ap4 propriate officials from among the Armed Forces,

5 combatant commands, the Joint Staff, and Defense

6 Agencies.

7 (B) Review and approval, by the investment re8 view board, of each defense business system as an in9 vestment before the obligation or expenditure of funds

10 on such system.

11 (C) Periodic review of each defense business sys12 tem investment not less often than annually.

13 (D) Use of threshold criteria to ensure that each

14 defense business system investment, and that account15 ability for each defense business system investment, is

16 reviewed at a level of review within the Department

17 of Defense that is appropriate for the scope, com18 plexity, and cost of the investment.

19 (E) Procedures for making determinations in ac20 cordance with the requirements of subsection (d).

21 (g) DEFENSE BUSINESS SYSTEMS BUDGET EX22 HIBIT.—For each budget for a fiscal year after fiscal year

23 2005 that the President submits to Congress under section

24 1105(a) of title 31, United States Code, the Secretary of

25 Defense shall include in the documentation on major func-
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1 tional category 050 (National Defense) that the Secretary

2 submits to the congressional defense committees in support

3 of such budget a defense business systems budget exhibit that

4 includes the following information:

5 (1) Identification of each defense business system

6 for which funding is proposed in that budget.

7 (2) Identification of all funds, by appropriation,

8 proposed in that budget for each such system,

9 including—

10 (A) funds for current services (to operate

11 and maintain the system); and

12 (B) funds for business systems moderniza13 tion, identified for each specific appropriation.

14 (3) For each such system, identification of the of15 ficial to whom authority for such system is delegated

16 under subsection (e).

17 (4) For each such system, a description of each

18 determination made under subsection (d) with regard

19 to such system.

20 (h) DEFENSE BUSINESS SYSTEM MANAGEMENT COM21 MITTEE.—(1) The Secretary of Defense shall establish a De22 fense Business Systems Management Executive Committee.

23 The Committee shall be composed of the following members:

24 (A) The Deputy Secretary of Defense, who shall

25 be the chairman of the Committee.
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1 (B) The Under Secretary of Defense for Acquisi2 tion, Logistics, and Technology.

3 (C) The Under Secretary of Defense for Per4 sonnel and Readiness.

5 (D) The Under Secretary of Defense (Comp6 troller) and Chief Financial Officer.

7 (E) The Assistant Secretary of Defense (Networks

8 and Information Integration) and Chief Information

9 Officer.

10 (F) The Secretaries of the military departments.

11 (G) The heads of the Defense Agencies.

12 (H) Any personnel assigned to the Joint Staff,

13 personnel assigned to combatant commands, or other

14 Department of Defense personnel that the Secretary of

15 Defense designates to serve on the Committee.

16 (2) In addition to any other duties assigned to the

17 Committee by the Secretary of Defense, the Committee shall

18 have the following duties:

19 (A) To submit to the Secretary recommended

20 policies and procedures that the Committee considers

21 necessary to effectively integrate compliance with the

22 requirements of this section into all business activities

23 and any transformation, reform, reorganization, or

24 process improvement initiatives undertaken within

25 the Department of Defense.
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1 (B) To review and approve defense business sys2 tems modernization plans, including review and ap3 proval of any major update of the defense business en4 terprise architecture.

5 (C) To coordinate defense business system mod6 ernization initiatives to maximize benefits and mini7 mize costs for the Department of Defense.

8 (D) To ensure that funds are not obligated for

9 the modernization of any defense business system in

10 violation of subsection (d)(1).

11 (E) To periodically report to the Secretary on

12 the status of defense business system modernization ef13 forts.

14 (i) DEFINITIONS.—In this section:

15 (1) The term ‘‘defense business system’’ means

16 any information system (except a national security

17 system, as defined in section 2315 of title 10, United

18 States Code) that is operated by, for, or on behalf of

19 the Department of Defense to support business activi20 ties such as acquisition, financial management, logis21 tics, strategic planning and budgeting, installations

22 and environment, and human resource management.

23 (2) The term ‘‘enterprise architecture’’ has the

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

25 44, United States Code.
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1 (3) The terms ‘‘information system’’ and ‘‘infor2 mation technology’’ have the meanings given those

3 terms in section 11101 of title 40, United States Code.

4 (4) The term ‘‘modernization’’, with respect to a

5 defense business system, means the acquisition or de6 velopment of a new defense business system or any

7 significant modification or enhancement of an exist8 ing defense business system (other than as necessary

9 to maintain current services).

10 (j) ANNUAL REPORT.—Not later than March 15 of

11 2005 and each year thereafter through 2009, the Secretary

12 of Defense shall submit to the congressional defense commit13 tees a report on the progress made by the Department of

14 Defense in implementing the defense business enterprise ar15 chitecture and transition plan required by this section.

16 Each report shall include, at a minimum, the following in17 formation:

18 (1) A description of the specific actions taken

19 and planned to be taken to implement the defense

20 business enterprise architecture and the transition

21 plan.

22 (2) Specific milestones, performance measures,

23 and resource commitments for such actions.

24 (k) COMPTROLLER GENERAL ASSESSMENT.—Not later

25 than 60 days after the date on which the Secretary of De-
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1 fense approves the defense business enterprise architecture

2 and transition plan developed under subsection (a), and

3 again each year not later than 60 days after the submission

4 of the annual report under subsection (j), the Comptroller

5 General shall submit to the congressional defense committees

6 an assessment of the extent to which the actions taken by

7 the Department comply with the requirements of this sec8 tion.

9 (l) RELATIONSHIP TO OTHER LAW.—Nothing in this

10 section shall be construed to modify or affect the applica11 bility of the restrictions and requirements provided in sec12 tion 8088 of the Department of Defense Appropriations Act,

13 2003 (Public Law 107–248; 116 Stat. 1556).

14 (m) REPEAL OF SUPERSEDED LAW.—Section 1004 of

15 the Bob Stump National Defense Authorization Act for Fis16 cal Year 2003 (Public Law 107–314; 116 Stat. 2629; 10

17 U.S.C. 113 note) is repealed.

18 SEC. 1005. UNIFORM FUNDING AND MANAGEMENT OF SERV19 ICE ACADEMY ATHLETIC AND RECREATIONAL

20 EXTRACURRICULAR PROGRAMS.

21 (a) UNITED STATES MILITARY ACADEMY.—(1) Chap22 ter 403 of title 10, United States Code, is amended by add23 ing at the end the following new section:
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1 ‘‘§ 4359. Athletic and recreational extracurricular

2 programs: uniform funding

3 ‘‘The authority and conditions provided in section

4 2494 of this title shall also apply to any athletic or rec5 reational extracurricular program of the Academy that—

6 ‘‘(1) is not considered a morale, welfare, or recre7 ation program referred to in such section;

8 ‘‘(2) is funded out of appropriated funds;

9 ‘‘(3) is supported by a supplemental mission

10 nonappropriated fund instrumentality; and

11 ‘‘(4) is not operated as a private organization.’’.

12 (2) The table of sections at the beginning of such title

13 is amended by adding at the end the following new item:

‘‘4359. Athletic and recreational extracurricular programs: uniform funding.’’.

14 (b) UNITED STATES NAVAL ACADEMY.—(1) Chapter

15 603 of title 10, United States Code, is amended by adding

16 at the end the following new section:

17 ‘‘§ 6978. Athletic and recreational extracurricular

18 programs: uniform funding

19 ‘‘The authority and conditions provided in section

20 2494 of this title shall also apply to any athletic or rec21 reational extracurricular program of the Naval Academy

22 that—

23 ‘‘(1) is not considered a morale, welfare, or recre24 ation program referred to in such section;

25 ‘‘(2) is funded out of appropriated funds;
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1 ‘‘(3) is supported by a supplemental mission

2 nonappropriated fund instrumentality; and

3 ‘‘(4) is not operated as a private organization.’’.

4 (2) The table of sections at the beginning of such title

5 is amended by adding at the end the following new item:

‘‘6978. Athletic and recreational extracurricular programs: uniform funding.’’.

6 (c) UNITED STATES AIR FORCE ACADEMY.—(1) Chap7 ter 903 of title 10, United States Code, is amended by add8 ing at the end the following new section:

9 ‘‘§ 9358. Athletic and recreational extracurricular

10 programs: uniform funding

11 ‘‘The authority and conditions provided in section

12 2494 of this title shall also apply to any athletic or rec13 reational extracurricular program of the Academy that—

14 ‘‘(1) is not considered a morale, welfare, or recre15 ation program referred to in such section;

16 ‘‘(2) is funded out of appropriated funds;

17 ‘‘(3) is supported by a supplemental mission

18 nonappropriated fund instrumentality; and

19 ‘‘(4) is not operated as a private organization.’’.

20 (2) The table of sections at the beginning of such title

21 is amended by adding at the end the following new item:

‘‘9358. Athletic and recreational extracurricular programs: uniform funding.’’.

22 (d) EFFECTIVE DATE AND APPLICABILITY.—This sec23 tion and the amendments made by this section shall take

24 effect on October 1, 2004, and shall apply with respect to
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1 funds appropriated for fiscal years beginning on or after

2 such date.

3 SEC. 1006. AUTHORIZATION OF APPROPRIATIONS FOR A

4 CONTINGENT EMERGENCY RESERVE FUND

5 FOR OPERATIONS IN IRAQ AND AFGHANI6 STAN.

7 (a) AUTHORIZATION OF SUPPLEMENTAL APPROPRIA8 TIONS.—In addition to any other amounts authorized to

9 be appropriated by this Act, there is hereby authorized to

10 be appropriated for the Department of Defense for fiscal

11 year 2005, subject to subsections (b) and (c),

12 $25,000,000,000, to be available only for activities in sup13 port of operations in Iraq and Afghanistan.

14 (b) SPECIFIC AMOUNTS.—Of the amount authorized to

15 be appropriated under subsection (a), funds are authorized

16 to be appropriated in amounts for purposes as follows:

17 (1) For the Army for operation and mainte18 nance, $14,500,000,000.

19 (2) For the Navy for operation and mainte20 nance, $1,000,000,000.

21 (3) For the Marine Corps for operation and

22 maintenance, $2,000,000,000.

23 (4) For the Air Force for operation and mainte24 nance, $1,000,000,000.
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1 (5) For operation and maintenance, Defense2 wide activities, $2,000,000,000.

3 (6) For military personnel, $2,000,000,000.

4 (7) An additional amount of $2,500,000,000 to

5 be available for transfer to—

6 (A) operation and maintenance accounts;

7 (B) military personnel accounts;

8 (C) research, development, test, and evalua9 tion accounts;

10 (D) procurement accounts;

11 (E) classified programs; and

12 (F) Coast Guard operating expenses.

13 (c) AUTHORIZATION CONTINGENT ON BUDGET RE14 QUEST.—The authorization of appropriations in subsection

15 (a) shall be effective only to the extent that a budget request

16 for all or part of the amount authorized to be appropriated

17 under such subsection for the purposes set forth in such sub18 section is transmitted by the President to Congress after the

19 date of the enactment of this Act and includes a designation

20 of the requested amount as an emergency and essential to

21 support activities in Iraq and Afghanistan.

22 (d) TRANSFER AUTHORITY.—(1) Of the amount au23 thorized to be appropriated under subsection (b)(7) for

24 transfer, no transfer may be made until the Secretary of

25 Defense consults with the Chairmen and Ranking Members
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1 of the congressional defense committees and then notifies

2 such committees in writing not later than five days before

3 the transfer is made.

4 (2) The transfer authority provided under this section

5 is in addition to any other transfer authority available to

6 the Department of Defense.

7 (e) MONTHLY REPORT.—The Secretary of Defense

8 shall submit to the congressional defense committees each

9 month a report on the use of funds authorized to be appro10 priated under this section. The report for a month shall in11 clude in a separate display for each of Iraq and Afghani12 stan, the activity for which the funds were used, the purpose

13 for which the funds were used, the source of the funds used

14 to carry out that activity, and the account to which those

15 expenditures were charged.

16 Subtitle B—Naval Vessels and

17 Shipyards

18 SEC. 1011. EXCHANGE AND SALE OF OBSOLETE NAVY SERV19 ICE CRAFT AND BOATS.

20 (a) IN GENERAL.—Chapter 633 of title 10, United

21 States Code, is amended by inserting after section 7309 the

22 following new section:

23 ‘‘§ 7309a. Service craft and boats: exchange or sale

24 ‘‘(a) IN GENERAL.—The Secretary of the Navy may,

25 in acquiring personal property under section 503 of title
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1 40, exchange or sell obsolete Navy service craft or boats that

2 are similar to such personal property and apply the ex3 change allowance or proceeds of sale in whole or part pay4 ment for such personal property.

5 ‘‘(b) USE OF PROCEEDS FOR COST OF PREPARATION

6 OF SALE.—In selling a service craft or boat under sub7 section (a), the Secretary shall obtain, to the extent prac8 ticable, amounts necessary to recover the full costs, whether

9 direct or indirect, incurred by the Navy in preparing the

10 service craft or boat for sale, including costs of towing, stor11 age, defueling, removal and disposal of hazardous wastes,

12 environmental surveys to determine the presence of regu13 lated materials containing polychlorinated biphenyl (PCB),

14 removal and disposal of such materials, and other related

15 costs.

16 ‘‘(c) TREATMENT OF ADDITIONAL PROCEEDS.—(1)

17 Any proceeds of sale of a service craft or boat under sub18 section (a) that are in addition to amounts necessary to

19 recover the costs of the preparation of sale of the service

20 craft or boat under subsection (b) shall be deposited in an

21 account in the Treasury established for purposes of this sec22 tion.

23 ‘‘(2) Amounts in the account under paragraph (1)

24 shall be available to the Secretary for the payment of costs

25 associated with the preparation of obsolete Navy service
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1 craft or boats for sale or exchange under this section.

2 Amounts in the account shall be available for that purpose

3 without fiscal year limitation.

4 ‘‘(3) The Secretary shall, on a periodic basis, deposit

5 amounts in the account under paragraph (1) that are in

6 excess of the amounts otherwise utilized under paragraph

7 (2) in the general Treasury as miscellaneous receipts, or

8 in another account in the Treasury as otherwise provided

9 by law.

10 ‘‘(d) INAPPLICABILITY OF CERTAIN PROCUREMENT

11 REQUIREMENTS.—Notwithstanding section 503(b)(3) of

12 title 40, section 3709 of the Revised Statutes (41 U.S.C.

13 5) shall not apply to the exchange or sale of service craft

14 or boats under this section.

15 ‘‘(e) REGULATIONS.—The Secretary may prescribe reg16 ulations relating to the exercise of authority under this sec17 tion.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections at

19 the beginning of such chapter is amended by inserting after

20 the item relating to section 7309 the following new item:

‘‘7309a. Service craft and boats: exchange or sale.’’.

21 SEC. 1012. LIMITATION ON DISPOSAL OF OBSOLETE NAVAL

22 VESSEL.

23 The Secretary of the Navy may not dispose of the de24 commissioned destroyer ex-Edson (DD–946) before October

25 1, 2007, to an entity that is not a nonprofit organization
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1 unless the Secretary first determines that there is no non2 profit organization that meets the criteria for donation of

3 that vessel under section 7306(a)(3) of title 10, United

4 States Code.

5 SEC. 1013. AWARD OF CONTRACTS FOR SHIP DISMANTLING

6 ON NET COST BASIS.

7 (a) IN GENERAL.—Chapter 633 of title 10, United

8 States Code, is amended by inserting after section 7305 the

9 following new section:

10 ‘‘§ 7305a. Contracts for ship dismantling: award on

11 net cost basis

12 ‘‘(a) AUTHORITY.—Notwithstanding any other provi13 sion of law, the Secretary of the Navy may use net cost

14 as a criterion in the selection of an offeror for award of

15 a contract for the dismantling of one or more ships stricken

16 from the Naval Vessel Register and may accord that cri17 terion such weight in the offer evaluation process as the Sec18 retary considers appropriate and specifies in the solicita19 tion of offers for that contract.

20 ‘‘(b) COMPETITION.—In exercising the authority under

21 this section, the Secretary shall to the maximum extent

22 practicable use the competitive procedure or combination

23 of competitive procedures that is best suited under the cir24 cumstances.
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1 ‘‘(c) RETENTION OF PROCEEDS.—When the Secretary

2 of the Navy awards a ship dismantling contract on a net

3 cost basis, the contractor may retain the proceeds from the

4 sale of scrap and reusable items from the vessel being dis5 mantled.

6 ‘‘(d) DEFINITIONS.—For purposes of this section:

7 ‘‘(1) The term ‘net cost’, with respect to a con8 tract for the dismantling of a ship, means the amount

9 equal to the excess of—

10 ‘‘(A) the amount of the contractor’s gross

11 cost of performance of the contract, over

12 ‘‘(B) the estimated value of scrap and reus13 able items that the contractor removes from the

14 ship during performance of the contract, as stat15 ed in the contractor’s offer for such contract.

16 ‘‘(2) The term ‘scrap’ means personal property

17 that has no value except for its basic material con18 tent.

19 ‘‘(3) The term ‘reusable item’, with respect to a

20 ship, means any demilitarized component or remov21 able portion of the ship or the ship’s equipment that

22 the Navy has identified as excess to its needs but

23 which has potential resale value on the open market.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter is amended by inserting after

3 the item relating to section 7305 the following new item:

‘‘7305a. Contracts for ship dismantling: award on net cost basis.’’.

4 SEC. 1014. AUTHORITY TO TRANSFER NAVAL VESSELS TO

5 CERTAIN FOREIGN COUNTRIES.

6 (a) AUTHORITY TO TRANSFER BY GRANT.—The Sec7 retary of the Navy is authorized to transfer vessels to foreign

8 countries on a grant basis under section 516 of the Foreign

9 Assistance Act of 1961 (22 U.S.C. 2321j) as follows:

10 (1) CHILE.—To the Government of Chile, the

11 SPRUANCE class destroyer O’BANNON (DD 987).

12 (2) PORTUGAL.—To the Government of Portugal,

13 the OLIVER HAZARD PERRY class guided missile

14 frigate GEORGE PHILIP (FFG 12) and the OLI15 VER HAZARD PERRY class guided missile frigate

16 USS SIDES (FFG 14).

17 (b) AUTHORITY TO TRANSFER BY SALE.—The Sec18 retary of the Navy is authorized to transfer vessels to foreign

19 countries on a sale basis under section 21 of the Arms Ex20 port Control Act (22 U.S.C. 2761) as follows:

21 (1) TAIWAN.—To the Taipei Economic and Cul22 tural Representative Office in the United States

23 (which is the Taiwan instrumentality designated pur24 suant to section 10(a) of the Taiwan Relations Act),
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1 the ANCHORAGE class dock landing ship ANCHOR2 AGE (LSD 36).

3 (2) CHILE.—To the Government of Chile, the

4 SPRUANCE class destroyer FLETCHER (DD 992).

5 (c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

6 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value of

7 a vessel transferred to another country on a grant basis

8 under section 516 of the Foreign Assistance Act of 1961 (22

9 U.S.C. 2321j) pursuant to authority provided by subsection

10 (a) shall not be counted for the purposes of subsection (g)

11 of that section in the aggregate value of excess defense arti12 cles transferred to countries under that section in any fiscal

13 year.

14 (d) COSTS OF TRANSFERS.—Any expense incurred by

15 the United States in connection with a transfer authorized

16 by this section shall be charged to the recipient (notwith17 standing section 516(e)(1) of the Foreign Assistance Act of

18 1961 (22 U.S.C. 2321j(e)(1)).

19 (e) REPAIR AND REFURBISHMENT IN UNITED STATES

20 SHIPYARDS.—To the maximum extent practicable, the

21 President shall require, as a condition of the transfer of a

22 vessel under this section, that the country to which the vessel

23 is transferred have such repair or refurbishment of the vessel

24 as is needed, before the vessel joins the naval forces of that
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1 country, performed at a shipyard located in the United

2 States, including a United States Navy shipyard.

3 (f) EXPIRATION OF AUTHORITY.— The authority to

4 transfer a vessel under this section shall expire at the end

5 of the two-year period beginning on the date of the enact6 ment of this Act.

7 Subtitle C—Reports

8 SEC. 1021. REPORT ON CONTRACTOR SECURITY IN IRAQ.

9 (a) REPORT REQUIRED.—(1) Not later than 90 days

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

11 of Defense shall submit a report on contractor security in

12 Iraq to the congressional defense committees. The report

13 shall include, at a minimum—

14 (A) information on the security of contractor em15 ployees in Iraq, as described in subsection (b);

16 (B) information on contract security personnel

17 in Iraq, as described in subsection (c); and

18 (C) any recommended actions that the Secretary

19 considers appropriate to enhance contractor security

20 in Iraq.

21 (2) The information included in the report shall be

22 current as of September 30, 2004.

23 (b) SECURITY OF CONTRACTOR EMPLOYEES IN

24 IRAQ.—The report under subsection (a) shall include infor25 mation on contractor employees in Iraq, as follows:
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1 (1) The number of contractor employees in each

2 of the following categories of nationals:

3 (A) Nationals of the United States.

4 (B) Nationals of Iraq.

5 (C) Nationals of states other than the

6 United States and Iraq.

7 (2) For each of the categories of nationals listed

8 in paragraph (1), the number of casualties among

9 contractor employees on and after May 1, 2003.

10 (c) CONTRACT SECURITY PERSONNEL.—The report re11 quired by subsection (a) shall include information on con12 tract security personnel of a contractor in Iraq, as follows:

13 (1) The number of contract security personnel

14 engaged in providing security services to personnel or

15 facilities in each of the following categories:

16 (A) Personnel or facilities of the United

17 States Government or the Coalition Provisional

18 Authority.

19 (B) Personnel or facilities of the Iraqi Gov20 ernment.

21 (C) Personnel or facilities of a contractor or

22 subcontractor.

23 (2) For each of the categories of nationals listed

24 in subsection (b)(1), the following information:
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1 (A) The number of contract security per2 sonnel.

3 (B) The range of annual rates of pay of the

4 contract security personnel.

5 (C) The number of casualties among the

6 contract security personnel on and after May 1,

7 2003.

8 (3) The number, types, and sources of weapons

9 that contract security personnel are authorized to pos10 sess in each of the following categories:

11 (A) Weapons provided by coalition forces.

12 (B) Weapons supplied by the contractor.

13 (C) Weapons supplied by other sources.

14 (4) The extent to which contract security per15 sonnel are equipped with other critical equipment,

16 such as body armor, armored vehicles, secure commu17 nications, and friend-foe identification.

18 (5) An assessment of the extent to which contract

19 security personnel have been engaged by hostile fire

20 on and after May 1, 2003.

21 (d) COORDINATION.—In the preparation of the report

22 under this section, the Secretary of Defense shall coordinate

23 with the heads of any other departments and agencies of

24 the Federal Government that are affected by the perform-
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1 ance of Federal Government contracts by contractor per2 sonnel in Iraq.

3 (e) ADDITIONAL CONGRESSIONAL RECIPIENTS.—In

4 addition to submitting the report on contractor security

5 under this section to the congressional defense committees,

6 the Secretary of Defense shall also submit the report to any

7 other committees of Congress that the Secretary determines

8 appropriate to receive such report taking into consideration

9 the requirements of the Federal Government that contractor

10 personnel in Iraq are engaged in satisfying.

11 (f) FORMS OF REPORT.—The report required by this

12 section shall be submitted in classified and unclassified

13 forms.

14 (g) DEFINITIONS.—In this section:

15 (1) The term ‘‘contract security personnel’’ in16 cludes employees of a contractor or subcontractor who,

17 under a covered contract, provide security services in

18 Iraq to—

19 (A) personnel or facilities of the United

20 States Government or the Coalition Provisional

21 Authority;

22 (B) personnel or facilities of the Iraqi Gov23 ernment; or

24 (C) personnel or facilities of a contractor.

25 (2) The term ‘‘covered contract’’—
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1 (A) means a contract entered into by an

2 agency of the United States Government or by

3 the Coalition Provisional Authority for the pro4 curement of products or services to be provided

5 in Iraq, regardless of the source of the funding

6 for such procurement; and

7 (B) includes a subcontract under such a

8 contract, regardless of the source of the funding

9 for such procurement.

10 (3) The term ‘‘national of the United States’’ has

11 the meaning given such term in section 101(22) of the

12 Immigration and Nationality Act (8 U.S.C.

13 1101(22)).

14 (4) The term ‘‘national’’, except as provided in

15 paragraph (3), has the meaning given such term in

16 section 101(21) of such Act.

17 SEC. 1022. TECHNICAL CORRECTION TO REFERENCE TO

18 CERTAIN ANNUAL REPORTS.

19 Section 2474(f)(2) of title 10, United States Code, is

20 amended by striking ‘‘section 2466(e)’’ and inserting ‘‘sec21 tion 2466(d)’’.
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1 SEC. 1023. STUDY OF ESTABLISHMENT OF MOBILIZATION

2 STATION AT CAMP RIPLEY NATIONAL GUARD

3 TRAINING CENTER, LITTLE FALLS, MIN4 NESOTA.

5 Not later than 120 days after the date of the enactment

6 of this Act, the Secretary of Defense shall carry out and

7 complete a study on the feasibility of the use of Camp Rip8 ley National Guard Training Center, Little Falls, Min9 nesota, as a mobilization station for reserve components or10 dered to active duty under provisions of law referred to in

11 section 101(a)(13)(B) of title 10, United States Code. The

12 study shall include consideration of the actions necessary

13 to establish such center as a mobilization station.

14 SEC. 1024. REPORT ON TRAINING PROVIDED TO MEMBERS

15 OF THE ARMED FORCES TO PREPARE FOR

16 POST-CONFLICT OPERATIONS.

17 (a) STUDY ON TRAINING.—The Secretary of Defense

18 shall conduct a study to determine the extent to which mem19 bers of the Armed Forces assigned to duty in support of

20 contingency operations receive training in preparation for

21 post-conflict operations and to evaluate the quality of such

22 training.

23 (b) MATTERS TO BE INCLUDED IN STUDY.—As part

24 of the study under subsection (a), the Secretary shall specifi25 cally evaluate the following:
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1 (1) The doctrine, training, and leader-develop2 ment system necessary to enable members of the

3 Armed Forces to successfully operate in post-conflict

4 operations.

5 (2) The adequacy of the curricula at military

6 educational facilities to ensure that the Armed Forces

7 has a cadre of members skilled in post-conflict duties,

8 including a familiarity with applicable foreign lan9 guages and foreign cultures.

10 (3) The training time and resources available to

11 members and units of the Armed Forces to develop

12 cultural awareness about ethnic backgrounds and reli13 gious beliefs of the people living in areas in which

14 post-conflict operations are likely to occur.

15 (4) The adequacy of training transformation to

16 emphasize post-conflict operations, including inter17 agency coordination in support of combatant com18 manders.

19 (c) REPORT ON STUDY.—Not later than May 1, 2005,

20 the Secretary shall submit to the Committee on Armed Serv21 ices of the Senate and the Committee on Armed Services

22 of the House of Representatives a report on the result of

23 the study conducted under this section.
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1 SEC. 1025. REPORT ON AVAILABILITY OF POTENTIAL OVER2 LAND BALLISTIC MISSILE DEFENSE TEST

3 RANGES.

4 The Secretary of Defense shall submit to Congress a

5 report assessing the availability to the Department of De6 fense of potential ballistic missile defense test ranges for

7 overland intercept flight tests of defenses against ballistic

8 missile systems with a range of 750 to 1,500 kilometers.

9 SEC. 1026. OPERATION OF THE FEDERAL VOTING ASSIST10 ANCE PROGRAM AND THE MILITARY POSTAL

11 SYSTEM.

12 (a) REQUIREMENT FOR REPORTS.—(1) The Secretary

13 of Defense shall submit to Congress two reports on the ac14 tions that the Secretary has taken to ensure that—

15 (A) the Federal Voting Assistance Program func16 tions effectively to support absentee voting by mem17 bers of the Armed Forces deployed outside the United

18 States in support of Operation Iraqi Freedom, Oper19 ation Enduring Freedom, and all other contingency

20 operations; and

21 (B) the military postal system functions effec22 tively to support the morale of the personnel described

23 in subparagraph (A) and absentee voting by such

24 members.
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1 (2)(A) The first report under paragraph (1) shall be

2 submitted not later than 60 days after the date of the enact3 ment of this Act.

4 (B) The second report under paragraph (1) shall be

5 submitted not later than 60 days after the date on which

6 the first report is submitted under that paragraph.

7 (3) In this subsection, the term ‘‘Federal Voting Assist8 ance Program’’ means the program referred to in section

9 1566(b)(1) of title 10, United States Code.

10 (b) IMPLEMENTATION OF RECOMMENDED POSTAL SYS11 TEM IMPROVEMENTS.—Not later than 90 days after the date

12 of the enactment of this Act, the Secretary of Defense shall

13 submit to Congress a report setting forth—

14 (1) the actions taken to implement the rec15 ommendations of the Military Postal Service Agency

16 Task Force, dated 28 August 2000; and

17 (2) in the case of each such recommendation not

18 implemented or not fully implemented as of the date

19 of report, the reasons for not implementing or not

20 fully implementing such recommendation, as the case

21 may be.
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1 SEC. 1027. REPORT ON ESTABLISHING NATIONAL CENTERS

2 OF EXCELLENCE FOR UNMANNED AERIAL

3 AND GROUND VEHICLES.

4 (a) REPORT REQUIRED.—Not later than 120 days

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

6 of Defense shall submit to the congressional defense commit7 tees a report on the need for one or more national centers

8 of excellence for unmanned aerial and ground vehicles.

9 (b) GOAL OF CENTERS.—The goal of the centers cov10 ered by the report is to promote interservice cooperation and

11 coordination in the following areas:

12 (1) Development of joint doctrine for the organi13 zation, training, and use of unmanned aerial and

14 ground vehicles.

15 (2) Joint research, development, test, and evalua16 tion, and joint procurement of unmanned aerial and

17 ground vehicles.

18 (3) Identification and coordination, in conjunc19 tion with the private sector and academia, of the fu20 ture development of unmanned aerial and ground ve21 hicles.

22 (4) Monitoring of the development and utiliza23 tion of unmanned aerial and ground vehicles in other

24 nations for both military and non-military purposes.

25 (5) The providing of joint training and profes26 sional development opportunities in the use and oper-
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1 ation of unmanned aerial and ground vehicles to

2 military personnel of all ranks and levels of responsi3 bility.

4 (c) REPORT REQUIREMENTS.—The report shall in5 clude, at a minimum, the following:

6 (1) A list of facilities where the Defense Depart7 ment currently conducts or plans to conduct research,

8 development, and testing activities on unmanned aer9 ial and ground vehicles.

10 (2) A list of facilities where the Department of

11 Defense currently deploys or has committed to deploy12 ing unmanned aerial or ground vehicles.

13 (3) The extent to which existing facilities de14 scribed in paragraphs (1) and (2) have sufficient un15 used capacity and expertise to research, develop, test,

16 and deploy the current and next generations of un17 manned aerial and ground vehicles and to provide for

18 the development of doctrine on the use and training

19 of operators of such vehicles.

20 (4) The extent to which efficiencies on research,

21 development, testing, and deployment of existing or

22 future unmanned aerial and ground vehicles can be

23 achieved through consolidation at one or more na24 tional centers of excellence for unmanned aerial and

25 ground vehicles.
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1 (5) A list of potential locations for national cen2 ters of excellence.

3 (d) CONSIDERATIONS.—In determining the potential

4 locations for the national centers of excellence under this

5 section, the Secretary of Defense shall take into consider6 ation existing Air Force facilities that have—

7 (1) a workforce of skilled personnel;

8 (2) existing capacity of runways and other fa9 cilities to accommodate the research, testing, and de10 ployment of current and future unmanned aerial ve11 hicles; and

12 (3) minimal restrictions on the research, develop13 ment, and testing of unmanned aerial vehicles result14 ing from proximity to large population centers or air15 space heavily utilized by commercial flights.

16 SEC. 1028. REPORT ON POST-MAJOR COMBAT OPERATIONS

17 PHASE OF OPERATION IRAQI FREEDOM.

18 (a) REPORT REQUIRED.—(1) Not later than March 31,

19 2005, the Secretary of Defense shall submit to the congres20 sional defense committees a report on the conduct of mili21 tary operations during the post-major combat operations

22 phase of Operation Iraqi Freedom.

23 (2) The report shall be prepared in consultation with

24 the Chairman of the Joint Chiefs of Staff, the Commander
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1 of the United States Central Command, and such other offi2 cials as the Secretary considers appropriate.

3 (b) CONTENT.—(1) The report shall include a discus4 sion of the matters described in paragraph (2), with a par5 ticular emphasis on accomplishments and shortcomings and

6 on near-term and long-term corrective actions to address

7 such shortcomings.

8 (2) The matters to be discussed in the report are as

9 follows:

10 (A) The military and political objectives of the

11 international coalition conducting the post-major

12 combat operations phase of Operation Iraqi Freedom,

13 and the military strategy selected to achieve such ob14 jectives, together with an assessment of the execution

15 of the military strategy.

16 (B) The mobilization process for the reserve com17 ponents of the Armed Forces, including the timeliness

18 of notification, training and certification, and subse19 quent demobilization.

20 (C) The use and performance of major items of

21 United States military equipment, weapon systems,

22 and munitions (including non-lethal weapons and

23 munitions, items classified under special access proce24 dures, and items drawn from prepositioned stocks)

25 and any expected effects of the experience with the use
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1 and performance of such items on the doctrinal and

2 tactical employment of such items and on plans for

3 continuing the acquisition of such items.

4 (D) Any additional requirements for military

5 equipment, weapon systems, munitions, force struc6 ture, or other capability identified during the post7 major combat operations phase of Operation Iraqi

8 Freedom, including changes in type or quantity for

9 future operations.

10 (E) The effectiveness of joint air operations, to11 gether with an assessment of the effectiveness of—

12 (i) the employment of close air support; and

13 (ii) attack helicopter operations.

14 (F) The use of special operations forces, includ15 ing operational and intelligence uses.

16 (G) The scope of logistics support, including sup17 port to and from other nations and from inter18 national organizations and organizations and indi19 viduals from the private sector in Iraq.

20 (H) The incidents of accidental fratricide, in21 cluding a discussion of the effectiveness of the tracking

22 of friendly forces and the use of the combat identifica23 tion systems in mitigating friendly fire incidents.

24 (I) The adequacy of spectrum and bandwidth to

25 transmit information to operational forces and assets,
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1 including unmanned aerial vehicles, ground vehicles,

2 and individual soldiers.

3 (J) The effectiveness of strategic, operational,

4 and tactical information operations, including psy5 chological operations and assets, organization, and

6 doctrine related to civil affairs, in achieving estab7 lished objectives, together with a description of techno8 logical and other restrictions on the use of informa9 tion operations capabilities.

10 (K) The readiness of the reserve component forces

11 used in the post-major combat operations phase of

12 Operation Iraqi Freedom, including an assessment of

13 the success of the reserve component forces in accom14 plishing their missions.

15 (L) The adequacy of intelligence support during

16 the post-major combat operations phase of Operation

17 Iraqi Freedom, including the adequacy of such sup18 port in searches for weapons of mass destruction.

19 (M) The rapid insertion and integration, if any,

20 of developmental but mission-essential equipment, or21 ganizations, or procedures during the post-major com22 bat operations phase of Operation Iraqi Freedom.

23 (N) A description of the coordination, commu24 nication, and unity of effort between the Armed

25 Forces, the Coalition Provisional Authority, other
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1 United States government agencies and organizations,

2 nongovernmental organizations, and political, secu3 rity, and nongovernmental organizations of Iraq, in4 cluding an assessment of the effectiveness of such ef5 forts.

6 (O) The adequacy of training for military units

7 once deployed to the United States Central Command,

8 including training for changes in unit mission and

9 continuation training for high-intensity conflict mis10 sions.

11 (P) An estimate of the funding required to re12 turn or replace equipment used to date in Operation

13 Iraqi Freedom, including equipment in prepositioned

14 stocks, to mission-ready condition.

15 (Q) A description of military civil affairs and

16 reconstruction efforts, including through the Com17 manders Emergency Response Program, and an as18 sessment of the effectiveness of such efforts and pro19 grams.

20 (R) The adequacy of the requirements determina21 tion and acquisition processes, acquisition, and dis22 tribution of force protection equipment, including

23 personal gear, vehicles, helicopters, and defense de24 vices.
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1 (S) The most critical lessons learned that could

2 lead to long-term doctrinal, organizational, and tech3 nological changes, and the probable effects that an im4 plementation of those changes would have on current

5 visions, goals, and plans for transformation of the

6 Armed Forces or the Department of Defense.

7 (T) The planning for and implementation of mo8 rale, welfare, and recreation programs for deployed

9 forces and support to dependents, including rest and

10 recuperation programs and personal communication

11 benefits such as telephone, mail, and email services,

12 including an assessment of the effectiveness of such

13 programs.

14 (U) An analysis of force rotation plans, includ15 ing individual personnel and unit rotations, differing

16 deployment lengths, and in-theater equipment repair

17 and leave behinds.

18 (c) FORM OF REPORT.—The report shall be submitted

19 in unclassified form, but may include a classified annex.

20 (d) POST-MAJOR COMBAT OPERATIONS PHASE OF OP21 ERATION IRAQI FREEDOM DEFINED.—In this section, the

22 term ‘‘post-major combat operations phase of Operation

23 Iraqi Freedom’’ means the period of Operation Iraqi Free24 dom beginning on May 2, 2003, and ending on December

25 31, 2004.
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1 SEC. 1029. COMPTROLLER GENERAL ANALYSIS OF USE OF

2 TRANSITIONAL BENEFIT CORPORATIONS IN

3 CONNECTION WITH COMPETITIVE SOURCING

4 OF PERFORMANCE OF DEPARTMENT OF DE5 FENSE ACTIVITIES AND FUNCTIONS.

6 (a) REQUIREMENT FOR ANALYSIS.—Not later than

7 February 1, 2005, the Comptroller General shall submit to

8 Congress an analysis of the potential for use of transitional

9 benefit corporations in connection with competitive

10 sourcing of the performance of activities and functions of

11 the Department of Defense.

12 (b) SPECIFIC ISSUES.—The analysis under this section

13 shall—

14 (1) address the capabilities of transitional ben15 efit corporations—

16 (A) to preserve human capital and surge

17 capability;

18 (B) to promote economic development and

19 job creation;

20 (C) to generate cost savings; and

21 (D) to generate efficiencies that are com22 parable to or exceed the efficiencies that result

23 from competitive sourcing carried out by the De24 partment of Defense under the procedures appli25 cable to competitive sourcing by the Department

26 of Defense; and
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1 (2) identify areas within the Department of De2 fense in which transitional benefit corporations could

3 be used to add value, reduce costs, and provide oppor4 tunities for beneficial use of employees and other re5 sources that are displaced by competitive sourcing of

6 the performance of activities and functions of the De7 partment of Defense.

8 (d) TRANSITIONAL BENEFIT CORPORATION DE9 FINED.—In this section, the term ‘‘transitional benefit cor10 poration’’ means a corporation that facilitates the transfer

11 of designated (usually underutilized) real estate, equipment,

12 intellectual property, or other assets of the United States

13 to the private sector in a process that enables employees

14 of the United States in positions associated with the use

15 of such assets to retain eligibility for Federal employee bene16 fits and to continue to accrue those benefits.

17 SEC. 1029A. COMPTROLLER GENERAL STUDY OF PROGRAMS

18 OF TRANSITION ASSISTANCE FOR PER19 SONNEL SEPARATING FROM THE ARMED

20 FORCES.

21 (a) REQUIREMENT FOR STUDY.—The Comptroller

22 General shall carry out a study of the programs of the De23 partment of Defense and other departments and agencies

24 of the Federal Government under which transition assist-
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1 ance is provided to personnel who are separating from ac2 tive duty service in the Armed Forces.

3 (b) REPORT.—Not later than 180 days after the date

4 of the enactment of this Act, the Comptroller General shall

5 submit a report on the results of the study to the Committees

6 on Armed Services of the Senate and the House of Rep7 resentatives. The report shall include the following matters:

8 (1) Regarding the transition assistance programs

9 under section 1142 and 1144 of title 10, United

10 States Code—

11 (A) an analysis of the extent to which such

12 programs are meeting the current needs of mem13 bers of the Armed Forces as such personnel are

14 discharged or released from active duty,

15 including—

16 (i) a discussion of the original pur17 poses of the programs;

18 (ii) a discussion of how the programs

19 are currently being administered in rela20 tionship to those purposes; and

21 (iii) an assessment of whether the pro22 grams are adequate to meet the current

23 needs of members of the reserve components,

24 including the National Guard; and
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1 (B) any recommendations that the Comp2 troller General considers appropriate for improv3 ing such programs, including any recommenda4 tion regarding whether participation by mem5 bers of the Armed Forces in such programs

6 should be required.

7 (2) An analysis of the differences, if any, among

8 the Armed Forces and among the commands of mili9 tary installations of the Armed Forces regarding how

10 transition assistance is being provided under the

11 transition assistance programs, together with any rec12 ommendations that the Comptroller General considers

13 appropriate—

14 (A) to achieve uniformity in the provision

15 of assistance under such programs; and

16 (B) to ensure that the transition assistance

17 is provided under such programs to members of

18 the Armed Forces who are being separated at

19 medical facilities of the uniformed services or

20 Department of Veterans Affairs medical centers

21 and to Armed Forces personnel on a temporary

22 disability retired list under section 1202 or 1205

23 of title 10, United States Code.

24 (3) An analysis of the relationship of Depart25 ment of Defense transition assistance programs to the
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1 transition assistance programs of the Department of

2 Veterans Affairs and the Department of Labor, in3 cluding the relationship of the benefits delivery at dis4 charge program carried out jointly by the Department

5 of Defense and the Department of Veterans Affairs to

6 the other transition assistance programs.

7 (4) The rates of participation of Armed Forces

8 personnel in the transition assistance programs, to9 gether with any recommendations that the Comp10 troller General considers appropriate to increase such

11 participation rates, including any revisions of such

12 programs that could result in increased participation.

13 (5) An assessment of whether the transition as14 sistance information provided to Armed Forces per15 sonnel omits transition information that would be

16 beneficial to such personnel, including an assessment

17 of the extent to which information is provided under

18 the transition assistance programs regarding partici19 pation in Federal Government procurement opportu20 nities available at prime contract and subcontract

21 levels to veterans with service-connected disabilities

22 and other veterans, together with any recommenda23 tions that the Comptroller General considers appro24 priate regarding additional information that should

25 be provided and any other recommendations that the
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1 Comptroller General considers appropriate for en2 hancing the provision of counseling on such procure3 ment opportunities.

4 (6) An assessment of the extent to which rep5 resentatives of military service organizations and vet6 erans’ service organizations are afforded opportunities

7 to participate, and do participate, in preseparation

8 briefings under transition assistance programs, to9 gether with any recommendations that the Comp10 troller General considers appropriate regarding how

11 representatives of such organizations could better be

12 used to disseminate transition assistance information

13 and provide preseparation counseling to Armed

14 Forces personnel, including personnel of the reserve

15 components who are being released from active duty

16 for continuation of service in the reserve components.

17 (7) An analysis of the use of post-deployment

18 and predischarge health screenings, together with any

19 recommendations that the Comptroller General con20 siders appropriate regarding whether and how to in21 tegrate the health screening process and the transition

22 assistance programs into a single, coordinated

23 preseparation program for Armed Forces personnel

24 being discharged or released from active duty.
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1 (8) An analysis of the processes of the Armed

2 Forces for conducting physical examinations of mem3 bers of the Armed Forces in connection with discharge

4 and release from active duty, including—

5 (A) how post-deployment questionnaires are

6 used;

7 (B) the extent to which Armed Forces per8 sonnel waive the physical examinations; and

9 (C) how, and the extent to which, Armed

10 Forces personnel are referred for followup health

11 care.

12 (9) A discussion of the current process by which

13 mental health screenings are conducted, followup men14 tal health care is provided for, and services are pro15 vided in cases of post-traumatic stress disorder and

16 related conditions for members of the Armed Forces in

17 connection with discharge and release from active

18 duty, together with—

19 (A) for each of the Armed Forces, the pro20 grams that are in place to identify and treat

21 cases of post-traumatic stress disorder and re22 lated conditions; and

23 (B) for persons returning from deployments

24 in connection with Operation Enduring Freedom

25 and Operation Iraqi Freedom—
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1 (i) the number of persons treated as a

2 result of such screenings; and

3 (ii) the types of interventions.

4 (c) ACQUISITION OF SUPPORTING INFORMATION.—In

5 carrying out the study under this section, the Comptroller

6 General shall seek to obtain views from the following per7 sons:

8 (1) The Secretary of Defense and the Secretaries

9 of the military departments.

10 (2) The Secretary of Veterans Affairs.

11 (3) The Secretary of Labor.

12 (4) Armed Forces personnel who have received

13 transition assistance under the programs covered by

14 the study and Armed Forces personnel who have de15 clined to accept transition assistance offered under

16 such programs.

17 (5) Representatives of military service organiza18 tions and representatives of veterans’ service organi19 zations.

20 (6) Persons having expertise in health care (in21 cluding mental health care) provided under the De22 fense Health Program, including Department of De23 fense personnel, Department of Veterans Affairs per24 sonnel, and persons in the private sector.
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1 SEC. 1029B. STUDY ON COORDINATION OF JOB TRAINING

2 AND CERTIFICATION STANDARDS.

3 (a) REQUIREMENT FOR STUDY.—The Secretary of De4 fense and the Secretary of Labor shall jointly carry out a

5 study to determine ways to coordinate the standards ap6 plied by the Armed Forces for the training and certification

7 of members of the Armed Forces in military occupational

8 specialties with the standards that are applied to cor9 responding civilian occupations by occupational licensing

10 or certification agencies of governments and occupational

11 certification agencies in the private sector.

12 (b) REPORT.—Not later than 180 days after the date

13 of the enactment of this Act, the Secretary of Labor shall

14 submit a joint report on the results of the study under sub15 section (a) to Congress.

16 SEC. 1029C. CONTENT OF PRESEPARATION COUNSELING

17 FOR PERSONNEL SEPARATING FROM ACTIVE

18 DUTY SERVICE.

19 Section 1142 of title 10, United States Code, is

20 amended—

21 (1) by adding at the end of subsection (b) the fol22 lowing new paragraph:

23 ‘‘(11) Information on participation in Federal

24 Government procurement opportunities that are

25 available at the prime contract level and at sub-
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1 contract levels to veterans with service-connected dis2 abilities and other veterans.’’; and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(d) REQUIREMENTS RELATING TO COUNSELING ON

6 PROCUREMENT OPPORTUNITIES.—(1) For the counseling

7 under subsection (b)(11), the Secretary concerned may pro8 vide for participation of representatives of the Secretary of

9 Veterans Affairs, representatives of the Administrator of the

10 Small Business Administration, representatives of other ap11 propriate executive agencies, and representatives of Vet12 erans’ Business Outreach Centers and Small Business De13 velopment Centers.

14 ‘‘(2) The Secretary concerned may provide for the

15 counseling under paragraph (11) of subsection (b) to be of16 fered at medical centers of the Department of Veterans Af17 fairs as well as the medical care facilities of the uniformed

18 services and other facilities at which the counseling on the

19 other matters required under such subsection is offered. The

20 access of representatives described in paragraph (1) to a

21 member of the armed forces to provide such counseling shall

22 be subject to the consent of that member.’’.
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1 SEC. 1029D. PERIODIC DETAILED ACCOUNTING FOR OPER2 ATIONS OF THE GLOBAL WAR ON TERRORISM.

3 (a) QUARTERLY ACCOUNTING.—Not later than 45 days

4 after the end of each quarter of a year, the Secretary of

5 Defense shall submit to the congressional defense commit6 tees, for such quarter for each operation described in sub7 section (b), a full accounting of all costs incurred for such

8 operation during such quarter and all amounts expended

9 during such quarter for such operation, and the purposes

10 for which such costs were incurred and such amounts were

11 expended.

12 (b) OPERATIONS COVERED.—The operations referred

13 to in subsection (a) are as follows:

14 (1) Operation Iraqi Freedom.

15 (2) Operation Enduring Freedom.

16 (3) Operation Noble Eagle.

17 (4) Any other operation that the President des18 ignates as being an operation of the Global War on

19 Terrorism.

20 (c) REQUIREMENT FOR COMPREHENSIVENESS.—For

21 the purpose of providing a full and complete accounting of

22 the costs and expenditures under subsection (a) for oper23 ations described in subsection (b), the Secretary shall ac24 count in the quarterly submission under subsection (a) for

25 all costs and expenditures that are reasonably attributable

26 to such operations, including personnel costs.
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1 SEC. 1029E. REPORT ON THE STABILIZATION OF IRAQ.

2 Not later than 120 days after the date of the enactment

3 of this Act, the President shall submit to the congressional

4 defense committees an unclassified report (with classified

5 annex, if necessary) on the strategy of the United States

6 and coalition forces for stabilizing Iraq. The report shall

7 contain a detailed explanation of the strategy, together with

8 the following information:

9 (1) A description of the efforts of the President

10 to work with the United Nations to provide support

11 for, and assistance to, the transitional government in

12 Iraq, and, in particular, the efforts of the President

13 to negotiate and secure adoption by the United Na14 tions Security Council of Resolution 1546.

15 (2) A description of the efforts of the President

16 to continue to work with North Atlantic Treaty Orga17 nization (NATO) member states and non-NATO

18 member states to provide support for and augment co19 alition forces, including efforts, as determined by the

20 United States combatant commander, in consultation

21 with coalition forces, to evaluate the—

22 (A) the current military forces of the NATO

23 and non-NATO member countries deployed to

24 Iraq;
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1 (B) the current police forces of NATO and

2 non-NATO member countries deployed to Iraq;

3 and

4 (C) the current financial resources of NATO

5 and non-NATO member countries provided for

6 the stabilization and reconstruction of Iraq.

7 (3) As a result of the efforts described in para8 graph (2)—

9 (A) a list of the NATO and non-NATO

10 member countries that have deployed and will

11 have agreed to deploy military and police forces;

12 and

13 (B) with respect to each such country, the

14 schedule and level of such deployments.

15 (4) A description of the efforts of the United

16 States and coalition forces to develop the domestic se17 curity forces of Iraq for the internal security and ex18 ternal defense of Iraq, including a description of

19 United States plans to recruit, train, equip, and de20 ploy domestic security forces of Iraq.

21 (5) As a result of the efforts described in para22 graph (4)—

23 (A) the number of members of the security

24 forces of Iraq that have been recruited;
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1 (B) the number of members of the security

2 forces of Iraq that have been trained; and

3 (C) the number of members of the security

4 forces of Iraq that have been deployed.

5 (6) A description of the efforts of the United

6 States and coalition forces to assist in the reconstruc7 tion of essential infrastructure of Iraq, including the

8 oil industry, electricity generation, roads, schools, and

9 hospitals.

10 (7) A description of the efforts of the United

11 States, coalition partners, and relevant international

12 agencies to assist in the development of political insti13 tutions and prepare for democratic elections in Iraq.

14 (8) A description of the obstacles, including fi15 nancial, technical, logistic, personnel, political, and

16 other obstacles, faced by NATO in generating and de17 ploying military forces out of theater to locations such

18 as Iraq.

19 SEC. 1029F. REPORTS ON MATTERS RELATING TO DETAIN20 MENT OF PRISONERS BY THE DEPARTMENT

21 OF DEFENSE.

22 (a) REPORTS REQUIRED.—Not later than 90 days

23 after the date of the enactment of this Act, and annually

24 thereafter, the Secretary of Defense shall submit to the ap25 propriate committees of Congress a report on the population
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1 of persons held by the Department of Defense for more than

2 45 days and on the facilities in which such persons are held.

3 (b) REPORT ELEMENTS.—Each report under sub4 section (a) shall include the following:

5 (1) General information on the foreign national

6 detainees in the custody of the Department on the

7 date of such report, including the following:

8 (A) The best estimate of the Department of

9 the number of the total number of detainees in

10 the custody of the Department as of the date of

11 such report.

12 (B) The countries in which such detainees

13 were detained, and the number of detainees de14 tained in each such country.

15 (C) The best estimate of the Department of

16 the total number of detainees released from the

17 custody of the Department during the one-year

18 period ending on the date of such report.

19 (2) For each foreign national detained and

20 registered with the National Detainee Reporting

21 Center by the Department on the date of such re22 port the following:

23 (A) The Internment Serial Number or other

24 appropriate identification number.

25 (B) The nationality, if available.
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1 (C) The place at which taken into custody,

2 if available.

3 (D) The circumstances of being taken into

4 custody, if available.

5 (E) The place of detention.

6 (F) The current length of detention.

7 (G) A categorization as a civilian detainee,

8 enemy prisoner of war/prisoner of war, or enemy

9 combatant.

10 (H) Information as to transfer to the juris11 diction of another country, including the iden12 tity of such country.

13 (3) Information on the detention facilities and

14 practices of the Department for the one-year period

15 ending on the date of such report, including for each

16 facility of the Department at which detainees were de17 tained by the Department during such period the fol18 lowing:

19 (A) The name of such facility.

20 (B) The location of such facility.

21 (C) The number of detainees detained at

22 such facility as of the end of such period.

23 (D) The capacity of such facility.
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1 (E) The number of military personnel as2 signed to such facility as of the end of such pe3 riod.

4 (F) The number of other employees of the

5 United States Government assigned to such facil6 ity as of the end of such period.

7 (G) The number of contractor personnel as8 signed to such facility as of the end of such pe9 riod.

10 (c) FORM OF REPORT.—Each report under subsection

11 (a) shall be submitted in unclassified form, but may include

12 a classified annex.

13 (d) APPROPRIATE COMMITTEES OF CONGRESS DE14 FINED.—In this section, the term ‘‘appropriate committees

15 of Congress’’ means—

16 (1) the Committee on Armed Services and the

17 Select Committee on Intelligence of the Senate; and

18 (2) the Committee on Armed Services and the

19 Permanent Select Committee on Intelligence of the

20 House of Representatives.

21 Subtitle D—Matters Relating to

22 Space

23 SEC. 1031. SPACE POSTURE REVIEW.

24 (a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—

25 In order to clarify the national security space policy and
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1 strategy of the United States for the near term, the Sec2 retary of Defense shall conduct a comprehensive review of

3 the space posture of the United States over the posture re4 view period.

5 (b) ELEMENTS OF REVIEW.—The review conducted

6 under subsection (a) shall include, for the posture review

7 period, the following:

8 (1) The role of space in United States military

9 and national security strategy, planning, and pro10 gramming.

11 (2) The policy, requirements, and objectives for

12 space situational awareness.

13 (3) The policy, requirements, and objectives for

14 space control.

15 (4) The policy, requirements, and objectives for

16 space superiority, including defensive and offensive

17 counterspace.

18 (5) The policy, requirements, and objectives for

19 space exploitation, including force enhancement and

20 force application.

21 (6) The policy, requirements, and objectives for

22 intelligence surveillance and reconnaissance from

23 space.

24 (7) Current and planned space programs, in25 cluding how each such program will address the pol-
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1 icy, requirements, and objectives described in para2 graphs (1) through (6).

3 (8) The relationship among United States mili4 tary space policy and national security space policy,

5 space objectives, and arms control policy.

6 (9) The type of systems, including space systems,

7 that are necessary to implement United States mili8 tary and national security space policies.

9 (10) The effect of United States national security

10 space policy on weapons proliferation.

11 (c) REPORTS.—(1) Not later than March 15, 2005, the

12 Secretary of Defense shall submit to the congressional de13 fense committees an interim report on the review conducted

14 under subsection (a).

15 (2) Not later than December 31, 2005, the Secretary

16 shall submit to the congressional defense committees a final

17 report on the review.

18 (3) Each report under this subsection shall be sub19 mitted in unclassified form, but may include a classified

20 annex.

21 (4) The reports under this subsection shall also be sub22 mitted to the Select Committee on Intelligence of the Senate

23 and the Permanent Select Committee on Intelligence of the

24 House of Representatives.
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1 (d) JOINT UNDERTAKING WITH THE DIRECTOR OF

2 CENTRAL INTELLIGENCE.—The Secretary of Defense shall

3 conduct the review under this section, and submit the re4 ports under subsection (c), jointly with the Director of Cen5 tral Intelligence.

6 (e) POSTURE REVIEW PERIOD DEFINED.—In this sec7 tion, the term ‘‘posture review period’’ means the period

8 beginning one year after the date of the enactment of this

9 Act and ending ten years after that date.

10 SEC. 1032. PANEL ON THE FUTURE OF MILITARY SPACE

11 LAUNCH.

12 (a) IN GENERAL.—(1) The Secretary of Defense shall

13 enter into a contract with a federally funded research and

14 development center to establish a panel on the future mili15 tary space launch requirements of the United States, in16 cluding means of meeting such requirements.

17 (2) The Secretary shall enter into the contract not later

18 than 60 days after the date of the enactment of this Act.

19 (b) MEMBERSHIP AND ADMINISTRATION OF PANEL.—

20 (1) The panel shall consist of individuals selected by the

21 federally funded research and development center from

22 among private citizens of the United States with knowledge

23 and expertise in one or more of the following areas:

24 (A) Space launch operations.

25 (B) Space launch technologies.
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1 (C) Satellite and satellite payloads.

2 (D) State and national launch complexes.

3 (E) Space launch economics.

4 (2) The federally funded research and development cen5 ter shall establish appropriate procedures for the adminis6 tration of the panel, including designation of the chairman

7 of the panel from among its members.

8 (3) All panel members shall hold security clearances

9 appropriate for the work of the panel.

10 (4) The panel shall convene its first meeting not later

11 than 30 days after the date on which all members of the

12 panel have been selected.

13 (c) DUTIES.—(1) The panel shall conduct a review and

14 assessment of the future military space launch requirements

15 of the United States, including the means of meeting such

16 requirements.

17 (2) The review and assessment shall take into account

18 matters as follows:

19 (A) Launch economics.

20 (B) Operational concepts and architectures.

21 (C) Launch technologies, including—

22 (i) reusable launch vehicles;

23 (ii) expendable launch vehicles;

24 (iii) low cost options; and

25 (iv) revolutionary approaches.
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1 (D) Payloads, including their implications for

2 launch requirements.

3 (E) Launch infrastructure.

4 (F) Launch industrial base.

5 (G) Relationships among military, civilian, and

6 commercial launch requirements.

7 (3) The review and assessment shall address military

8 space launch requirements over each of the 5-year, 10-year,

9 and 15-year periods beginning with 2005.

10 (d) COOPERATION OF FEDERAL AGENCIES.—(1) The

11 panel may secure directly from the Department of Defense

12 or any other department or agency of the Federal Govern13 ment any information that the panel considers necessary

14 to carry out its duties.

15 (2) The Secretary of Defense shall designate at least

16 one senior civilian employee of the Department of Defense

17 and at least one general or flag officer of an Armed Force

18 to serve as liaison between the Department, the Armed

19 Forces, and the panel.

20 (e) REPORT.—Not later than one year after the date

21 of the first meeting of the panel under subsection (b)(4),

22 the panel shall submit to the Secretary of Defense, the con23 gressional defense committees, the Select Committee on In24 telligence of the Senate, and the Permanent Select Com25 mittee on Intelligence of the House of Representatives a re-
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1 port on the results of the review and assessment under sub2 section (c). The report shall include—

3 (1) the findings and conclusions of the panel on

4 the future military space launch requirements of the

5 United States, including means of meeting such re6 quirements;

7 (2) the assessment of panel, and any rec8 ommendations of the panel, on—

9 (A) launch operational concepts and archi10 tectures;

11 (B) launch technologies;

12 (C) launch enabling technologies; and

13 (D) priorities for funding; and

14 (3) the assessment of the panel as to the best

15 means of meeting the future military space launch re16 quirements of the United States.

17 (f) TERMINATION.—The panel shall terminate 16

18 months after the date on which the chairman of the panel

19 is designated pursuant to subsection (b)(2).

20 (g) FUNDING.—Amounts authorized to be appro21 priated to the Department of Defense shall be available to

22 the Secretary of Defense for purposes of the contract re23 quired by subsection (a).
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1 SEC. 1033. OPERATIONALLY RESPONSIVE NATIONAL SECU2 RITY PAYLOADS FOR SPACE SATELLITES.

3 (a) PLANNING, PROGRAMMING, AND MANAGEMENT.—

4 (1) Chapter 135 of title 10, United States Code, is amended

5 by inserting after section 2273 the following new section:

6 ‘‘§ 2273a. Operationally responsive national security

7 payloads

8 ‘‘(a) REQUIREMENT FOR PROGRAM ELEMENT.—The

9 Secretary of Defense shall ensure that operationally respon10 sive national security payloads of the Department of De11 fense for space satellites are planned, programmed, and

12 budgeted for as a separate, dedicated program element.

13 ‘‘(b) MANAGEMENT AUTHORITY.—The Secretary of De14 fense shall assign management authority for the program

15 element required under subsection (a) to the Director of the

16 Office of Force Transformation.

17 ‘‘(c) DEFINITION OF OPERATIONALLY RESPONSIVE.—

18 In this section, the term ‘operationally responsive’, with re19 spect to a national security payload for a space satellite,

20 means an experimental or operational payload not in excess

21 of 5,000 pounds that—

22 ‘‘(1) can be developed and acquired within 18

23 months after authority to proceed with development is

24 granted; and

25 ‘‘(2) is responsive to requirements for capabili26 ties at the operational and tactical levels of warfare.’’.
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1 (2) The table of sections at the beginning of such chap2 ter is amended by inserting after the item relating to section

3 2273 the following new item:

‘‘2273a. Operationally responsive national security payloads.’’.

4 (b) TIME FOR IMPLEMENTATION.—Section 2273a(a) of

5 title 10, United States Code, shall apply with respect to

6 fiscal years beginning after September 30, 2005.

7 (c) FUNDING.—Of the amount authorized to be appro8 priated under section 201(4), $25,000,000 shall be available

9 for research, development, test, and evaluation of operation10 ally responsive national security payloads for space sat11 ellites.

12 SEC. 1034. NONDISCLOSURE OF CERTAIN PRODUCTS OF

13 COMMERCIAL SATELLITE OPERATIONS.

14 (a) DISCLOSURE PROHIBITED.—Land remote sensing

15 information may not be disclosed under section 552 of title

16 5, United States Code.

17 (b) LAND REMOTE SENSING INFORMATION DE18 FINED.—In this section, the term ‘‘land remote sensing

19 information’’—

20 (1) means any data that—

21 (A) are collected by land remote sensing;

22 and

23 (B) are prohibited from sale to customers

24 other than the United States Government and its
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1 affiliated users under the Land Remote Sensing

2 Policy Act of 1992 (15 U.S.C. 5601 et seq.); and

3 (2) includes any imagery and other product that

4 is derived from such data.

5 (c) STATE OR LOCAL GOVERNMENT DISCLOSURES.—

6 Land remote sensing information provided by the head of

7 a department or agency of the United States to a State or

8 local government may not be made available to the general

9 public under any State or local law relating to the disclo10 sure of information or records.

11 (d) SAFEGUARDING INFORMATION.—The head of each

12 department or agency of the United States having land re13 mote sensing information within that department or agency

14 or providing such information to a State or local govern15 ment shall take such actions, commensurate with the sensi16 tivity of that information, as are necessary to protect that

17 information from disclosure prohibited under this section.

18 (e) OTHER DEFINITIONS.—In this section, the terms

19 ‘‘land remote sensing’’ and ‘‘United States Government and

20 its affiliated users’’ have the meanings given such terms in

21 section 3 of such Act (15 U.S.C. 5602).

22 SEC. 1035. SENSE OF CONGRESS ON SPACE LAUNCH

23 RANGES.

24 It is the sense of Congress that the Secretary of Defense

25 should provide support for, and continue the development,
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1 certification, and deployment of range safety systems that

2 are capable of—

3 (1) reducing costs related to national security

4 space launches and launch infrastructure; and

5 (2) enhancing technical capabilities and oper6 ational safety at the Eastern, Western, and other

7 United States space launch ranges.

8 Subtitle E—Defense Against

9 Terrorism

10 SEC. 1041. TEMPORARY ACCEPTANCE OF COMMUNICATIONS

11 EQUIPMENT PROVIDED BY LOCAL PUBLIC

12 SAFETY AGENCIES.

13 (a) AUTHORITY.—Chapter 155 of title 10, United

14 States Code, is amended by adding at the end the following

15 new section:

16 ‘‘§ 2613. Emergency communications equipment: tem17 porary acceptance from local public safe18 ty agencies

19 ‘‘(a) AUTHORITY FOR TEMPORARY ACCEPTANCE OF

20 EQUIPMENT.—(1) Under regulations prescribed by the Sec21 retary concerned, the commander of a military installation

22 may include in a disaster response agreement with a local

23 public safety agency a clause that provides for the com24 mander to accept from the public safety agency for use dur25 ing a natural or man-made disaster any communications
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1 equipment that is useful for communicating with such agen2 cy during a joint response by the commander and such

3 agency to such disaster.

4 ‘‘(2) The authority under paragraph (1) includes au5 thority to accept services related to the operation and main6 tenance of communications equipment accepted under that

7 paragraph.

8 ‘‘(3) In the case of a military installation adminis9 tered by an officer or employee of the United States, such

10 officer or employee may exercise the authority of a com11 mander under this section.

12 ‘‘(b) CONDITIONS.—Acceptance of communications

13 equipment and services by a commander from a public safe14 ty agency under subsection (a) is subject to the following

15 conditions:

16 ‘‘(1) Acceptance of equipment is authorized only

17 to the extent that communications equipment under

18 the control of the commander is inadequate to meet

19 requirements for communicating with that public

20 safety agency during a joint response to a disaster.

21 ‘‘(2) Acceptance of services for the operation or

22 maintenance of communications equipment is author23 ized only to the extent that capabilities under the con24 trol of the commander are inadequate to operate or

25 maintain such equipment.
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1 ‘‘(c) LIABILITY.—(1) An emergency response agree2 ment under this section shall include a clause that—

3 ‘‘(A) specifies the means for the commander to

4 pay for use, loss, or damage of equipment, and for

5 services, accepted under the agreement; or

6 ‘‘(B) ensures that the United States is not liable

7 for costs incurred for the acceptance and use of the

8 equipment or services nor for any loss or damage of

9 such equipment.

10 ‘‘(2) No person providing services accepted under an

11 emergency response agreement may be considered to be an

12 officer, employee, or agent of the United States for any pur13 pose.

14 ‘‘(d) GUIDANCE.—The Secretary of Defense shall pre15 scribe guidance for the administration of the requirements

16 and authority under this section.

17 ‘‘(e) DEFINITIONS.—In this section:

18 ‘‘(1) The term ‘emergency response agreement’

19 means a memorandum of agreement or memorandum

20 of understanding that provides for mutual support by

21 Department of Defense personnel and local public

22 safety agency personnel in response to a natural or

23 man-made disaster.
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1 ‘‘(2) The term ‘military installation’ has the

2 meaning given such term in section 2801(c) of this

3 title.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections at

5 the beginning of such chapter is amended by adding at the

6 end the following new item:

‘‘2613. Emergency communications equipment: temporary acceptance from local

public safety agencies.’’.

7 SEC. 1042. FULL-TIME DEDICATION OF AIRLIFT SUPPORT

8 FOR HOMELAND DEFENSE OPERATIONS.

9 (a) DETERMINATION REQUIRED.—(1) The Secretary of

10 Defense shall determine the feasibility and advisability of

11 dedicating an airlift capability of the Armed Forces on a

12 full-time basis to the support of homeland defense oper13 ations, including operations in support of contingent re14 quirements for transporting Weapons of Mass Destruction

15 Civil Support Teams, Air Force expeditionary medical

16 teams, and Department of Energy emergency response

17 teams in response to natural disasters and man-made disas18 ters.

19 (2) In making the determination under paragraph (1),

20 the Secretary shall take into consideration the results of the

21 study required under subsection (b).

22 (b) REQUIREMENT FOR STUDY AND PLAN.—(1) The

23 Secretary of Defense shall conduct a study of the existing

24 plans and capabilities of the Department of Defense for
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1 meeting contingent requirements for transporting teams de2 scribed in subsection (a)(1) in response to natural disasters

3 and man-made disasters.

4 (2) The Secretary shall prepare a plan for resolving

5 any deficiencies in the existing plans and capabilities for

6 meeting the transportation requirements described in para7 graph (1).

8 (3) The Secretary of Defense shall require the com9 mander of the United States Northern Command and the

10 commander of the United States Transportation Command

11 to carry out jointly the study required under paragraph

12 (1) and to prepare jointly the plan required under para13 graph (2).

14 (c) REPORT.—Not later than April 1, 2005, the Sec15 retary shall submit to the Committees on Armed Services

16 of the Senate and the House of Representatives a report on

17 the results of the study under subsection (b). The report

18 shall include the following matters:

19 (1) The Secretary’s determination under sub20 section (a).

21 (2) An assessment and discussion of the ade22 quacy of existing plans and capabilities of the De23 partment of Defense for meeting the transportation

24 requirements described in subsection (b)(1).

25 (3) The plan required under subsection (b)(2).
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1 (d) DEFINITION.—In this section, the term ‘‘Weapons

2 of Mass Destruction Civil Support Team’’ has the meaning

3 given such term in section 305b(e) of title 37, United States

4 Code.

5 SEC. 1043. SURVIVABILITY OF CRITICAL SYSTEMS EXPOSED

6 TO CHEMICAL OR BIOLOGICAL CONTAMINA7 TION.

8 (a) REQUIREMENT FOR IMPLEMENTATION PLAN.—Not

9 later than 120 days after the date of the enactment of this

10 Act, the Secretary of Defense shall submit to the congres11 sional defense committees a plan, for implementation by the

12 Department of Defense, that sets forth a systematic ap13 proach for ensuring the survivability of defense critical sys14 tems upon contamination of such systems by chemical or

15 biological agents.

16 (b) CONTENT.—At a minimum, the plan under sub17 section (a) shall include—

18 (1) policies for ensuring that the survivability of

19 defense critical systems in the event of contamination

20 by chemical or biological agents is adequately ad21 dressed throughout the Department of Defense;

22 (2) a systematic process for identifying which

23 systems are defense critical systems;
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1 (3) specific testing procedures to be used during

2 the design and development of new defense critical

3 systems; and

4 (4) a centralized database that—

5 (A) contains comprehensive information on

6 the effects of chemical and biological agents and

7 decontaminants on materials used in defense

8 critical systems; and

9 (B) is easily accessible to personnel who

10 have duties to ensure the survivability of defense

11 critical systems upon contamination of such sys12 tems by chemical and biological agents.

13 (c) DEFENSE CRITICAL SYSTEMS DEFINED.—In this

14 section, the term ‘‘defense critical system’’ means a Depart15 ment of Defense system that is critical to the national secu16 rity of the United States.

17 Subtitle F—Matters Relating to

18 Other Nations

19 SEC. 1051. HUMANITARIAN ASSISTANCE FOR THE DETEC20 TION AND CLEARANCE OF LANDMINES AND

21 EXPLOSIVE REMNANTS OF WAR.

22 (a) RESTATEMENT AND EXPANSION OF AUTHORITY.—

23 (1) Chapter 20 of title 10, United States Code, is amended

24 by adding at the end the following new section:
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1 ‘‘§ 406. Humanitarian assistance for the detection and

2 clearance of landmines and explosive

3 remnants of war

4 ‘‘(a) IN GENERAL.—Under regulations prescribed by

5 the Secretary of Defense, members of the armed forces may

6 provide humanitarian assistance for the detection and

7 clearance of landmines or explosive remnants of war in a

8 foreign country, including activities relating to the fur9 nishing of education, training, and technical assistance, if

10 the Secretary determines that the provision of such assist11 ance will promote—

12 ‘‘(1) the security interests of both the United

13 States and the country in which such assistance is to

14 be provided; and

15 ‘‘(2) the specific operational readiness skills of

16 the members of the armed forces who provide such as17 sistance.

18 ‘‘(b) LIMITATIONS ON ACTIVITIES OF MEMBERS OF

19 THE ARMED FORCES.—The Secretary shall ensure that no

20 member of the armed forces, while providing assistance

21 under this section—

22 ‘‘(1) engages in the physical detection, lifting or

23 destroying of landmines or explosive remnants of war

24 (unless the member does so for the concurrent purpose

25 of supporting a United States military operation); or
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1 ‘‘(2) provides such assistance as part of a mili2 tary operation that does not involve the armed forces.

3 ‘‘(c) REQUIREMENT FOR APPROVAL OF SECRETARY OF

4 STATE.—Humanitarian assistance for the detection and

5 clearance of landmines and remnants of war may not be

6 provided under this section to any foreign country unless

7 the Secretary of State specifically approves the provision

8 of such assistance to such foreign country.

9 ‘‘(d) AVAILABILITY OF FUNDS FOR CERTAIN EX10 PENSES.—(1) To the extent provided in Acts authorizing

11 appropriations for military activities of the Department of

12 Defense, funds authorized to be appropriated to the Depart13 ment for a fiscal year for humanitarian assistance shall

14 be available for the purpose of providing assistance under

15 this section.

16 ‘‘(2) Expenses incurred as a direct result of providing

17 humanitarian assistance under this section to a foreign

18 country shall be paid out of funds specifically appropriated

19 for such purpose.

20 ‘‘(3) Expenses covered by paragraph (2) include the

21 following:

22 ‘‘(A) Travel, transportation, and subsistence ex23 penses of Department of Defense personnel providing

24 humanitarian assistance under this section.
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1 ‘‘(B) The cost of any equipment, services, or sup2 plies acquired for the purpose of carrying out or sup3 porting the provision of such assistance, including

4 any nonlethal, individual, or small-team landmine or

5 explosive remnant of war clearing equipment or sup6 plies that are to be transferred or otherwise furnished

7 to a foreign country in furtherance of the provision

8 of assistance under this section.

9 ‘‘(4) The cost of equipment, services and supplies pro10 vided in any fiscal year to a foreign country under para11 graph (3)(B) may not exceed $5,000,000.’’.

12 (2) The table of sections at the beginning of such chap13 ter is amended by adding at the end the following new item:

‘‘406. Humanitarian assistance for the detection and clearance of landmines and

explosive remnants of war.’’.

14 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section

15 401 of such title is amended—

16 (1) in subsection (a), by striking paragraph (4);

17 (2) in subsection (b)—

18 (A) in paragraph (1), by striking ‘‘(1)’’;

19 and

20 (B) by striking paragraph (2);

21 (3) in subsection (c)—

22 (A) by striking paragraphs (2) and (3); and

23 (B) by redesignating paragraph (4) as

24 paragraph (2); and
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1 (4) in subsection (e), by striking paragraph (5).

2 SEC. 1052. USE OF FUNDS FOR UNIFIED COUNTERDRUG

3 AND COUNTERTERRORISM CAMPAIGN IN CO4 LOMBIA.

5 (a) AUTHORITY.—(1) In fiscal years 2005 and 2006,

6 funds available to the Department of Defense to provide as7 sistance to the Government of Colombia may be used by

8 the Secretary of Defense to support a unified campaign by

9 the Government of Colombia against narcotics trafficking

10 and against activities by organizations designated as ter11 rorist organizations, such as the Revolutionary Armed

12 Forces of Colombia (FARC), the National Liberation Army

13 (ELN), and the United Self-Defense Forces of Colombia

14 (AUC).

15 (2) The authority to provide assistance for a campaign

16 under this subsection includes authority to take actions to

17 protect human health and welfare in emergency cir18 cumstances, including the undertaking of rescue operations.

19 (b) APPLICABILITY OF CERTAIN LAWS AND LIMITA20 TIONS.—The use of funds pursuant to the authority in sub21 section (a) shall be subject to the following:

22 (1) Sections 556, 567, and 568 of the Foreign

23 Operations, Export Financing, and Related Programs

24 Appropriations Act, 2002 (Public Law 107–115; 115

25 Stat. 2160, 2165, and 2166).
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1 (2) Section 8077 of the Department of Defense

2 Appropriations Act, 2004 (Public Law 108–87; 117

3 Stat. 1090).

4 (c) NUMERICAL LIMITATION ON ASSIGNMENT OF

5 UNITED STATES PERSONNEL.—Notwithstanding section

6 3204(b) of the Emergency Supplemental Act, 2000 (Divi7 sion B of Public Law 106–246; 114 Stat. 575), as amended

8 by the Foreign Operations, Export Financing, and Related

9 Programs Appropriations Act, 2002 (Public Law 107–115;

10 115 Stat. 2131), the number of United States personnel as11 signed to conduct activities in Colombia in connection with

12 support of Plan Colombia under subsection (a) in fiscal

13 years 2005 and 2006 shall be subject to the following limita14 tions:

15 (1) The number of United States military per16 sonnel assigned for temporary or permanent duty in

17 Colombia in connection with support of Plan Colom18 bia may not exceed 800.

19 (2) The number of United States individual citi20 zens retained as contractors in Colombia in connec21 tion with support of Plan Colombia who are funded

22 by Federal funds may not exceed 600.

23 (d) LIMITATION ON PARTICIPATION OF UNITED

24 STATES PERSONNEL.—No United States Armed Forces per25 sonnel, United States civilian employees, or United States
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1 civilian contractor personnel employed by the United States

2 may participate in any combat operation in connection

3 with assistance using funds pursuant to the authority in

4 subsection (a), except for the purpose of acting in self de5 fense or of rescuing any United States citizen, including

6 any United States Armed Forces personnel, United States

7 civilian employee, or civilian contractor employed by the

8 United States.

9 (e) RELATION TO OTHER AUTHORITY.—The authority

10 provided by subsection (a) is in addition to any other au11 thority in law to provide assistance to the Government of

12 Colombia.

13 (f) REPORT ON RELATIONSHIPS BETWEEN TERRORIST

14 ORGANIZATIONS IN COLOMBIA AND FOREIGN GOVERN15 MENTS AND ORGANIZATIONS.—(1) Not later than 60 days

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

17 of State shall, in consultation with the Secretary of Defense

18 and the Director of Central Intelligence, submit to the con19 gressional defense committees and the Committee on For20 eign Relations of the Senate and the Committee on Inter21 national Relations of the House of Representatives a report

22 that describes—

23 (A) any relationships between foreign govern24 ments or organizations and organizations based in

25 Colombia that have been designated as foreign ter-
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1 rorist organizations under United States law, includ2 ing the provision of any direct or indirect assistance

3 to such organizations; and

4 (B) United States policies that are designed to

5 address such relationships.

6 (2) The report under paragraph (1) shall be submitted

7 in unclassified form, but may include a classified annex.

8 SEC. 1053. ASSISTANCE TO IRAQ AND AFGHANISTAN MILI9 TARY AND SECURITY FORCES.

10 (a) AUTHORITY.—Subject to the limitations in sub11 section (c), the Secretary of Defense may provide assistance

12 in fiscal year 2005 to Iraq and Afghanistan military or

13 security forces solely to enhance their ability to combat ter14 rorism and support United States or coalition military op15 erations in Iraq and Afghanistan, respectively.

16 (b) TYPE OF ASSISTANCE.—Assistance provided under

17 subsection (a) may include equipment, supplies, services,

18 and training.

19 (c) LIMITATIONS.—(1) The Secretary of Defense may

20 provide assistance under this section only with the concur21 rence of the Secretary of State and, in any case in which

22 section 104(e) of the National Security Act of 1947 (50

23 U.S.C. 403–4(e)) applies, the Director of Central Intel24 ligence.
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1 (2) The cost of assistance provided under this section

2 may be paid only out of funds available to the Department

3 of Defense for fiscal year 2005 for operation and mainte4 nance and may not exceed $250,000,000.

5 (d) RELATIONSHIP TO OTHER AUTHORITY.—The au6 thority to provide assistance under this section is in addi7 tion to any other authority to provide assistance to Iraq

8 and Afghanistan.

9 (e) CONGRESSIONAL NOTIFICATION.—Not later than

10 15 days before providing assistance to a recipient under

11 this section, the Secretary of Defense shall submit to the

12 congressional defense committees a notification of the assist13 ance proposed to be provided.

14 SEC. 1054. ASSIGNMENT OF NATO NAVAL PERSONNEL TO

15 SUBMARINE SAFETY RESEARCH AND DEVEL16 OPMENT PROGRAMS.

17 (a) AUTHORITY.—Chapter 631 of title 10, United

18 States Code, is amended by inserting after the item relating

19 to section 7205 the following new section:

20 ‘‘§ 7206. Submarine safety research and development:

21 acceptance of services of NATO naval per22 sonnel

23 ‘‘(a) AUTHORITY.—The Secretary of the Navy may,

24 subject to subsection (e), accept the assignment of one or

25 more members of the navy of another member country of
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1 the North Atlantic Treaty Organization to a command of

2 the Navy for work on the development, standardization, or

3 interoperability of submarine vessel safety and rescue sys4 tems and procedures if the Secretary determines that doing

5 so would facilitate the development, standardization, and

6 interoperability of submarine vessel safety and rescue sys7 tems and procedures for the Navy, the navy of that foreign

8 country, and any other navy involved in that work.

9 ‘‘(b) RECIPROCITY NOT REQUIRED.—The authority

10 under subsection (a) is not an exchange program. Recip11 rocal assignments of members of the Navy to a navy of a

12 foreign country is not a condition for the exercise of such

13 authority.

14 ‘‘(c) PAYMENT OF PERSONNEL COSTS.—(1) The ac15 ceptance of a member of a navy of a foreign country under

16 this section is subject to the condition that the government

17 of that country pay the salary, per diem allowance, subsist18 ence costs, travel costs, cost of language or other training,

19 and other costs for that member in accordance with the laws

20 and regulations of such country.

21 ‘‘(2) Paragraph (1) does not apply to the following

22 costs:

23 ‘‘(A) The cost of temporary duty directed by the

24 Secretary of the Navy or an officer of the Navy au25 thorized to do so.
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1 ‘‘(B) The cost of a training program conducted

2 to familiarize, orient, or certify foreign naval per3 sonnel regarding unique aspects of their assignments.

4 ‘‘(C) Any cost incident to the use of the facilities

5 of the Navy in the performance of assigned duties.

6 ‘‘(d) RELATIONSHIP TO OTHER AUTHORITY.—The

7 provisions of this section shall apply to any other authority

8 that the Secretary of the Navy may exercise, subject to the

9 concurrence of the Secretary of State, to enter into an agree10 ment with the government of a foreign country to provide

11 for the assignment of members of the navy of that foreign

12 country to a Navy submarine safety program. The Sec13 retary of the Navy may prescribe regulations for the appli14 cation of this section in the exercise of such authority.

15 ‘‘(e) TERMINATION OF AUTHORITY.—The Secretary of

16 the Navy may not accept the assignment of a member of

17 the navy of a foreign country under this section after Sep18 tember 30, 2008.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections at

20 the beginning of such chapter is amended by inserting after

21 the item relating to section 7205 the following new item:

‘‘7206. Submarine safety research and development: acceptance of services of

NATO naval personnel.’’.
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1 SEC. 1055. COMPENSATION FOR FORMER PRISONERS OF

2 WAR.

3 Any plan of the Secretary of Defense to provide com4 pensation to an individual who was injured in a military

5 prison under the control of the United States in Iraq shall

6 include a provision to address the injuries suffered by the

7 17 citizens of the United States who were held as prisoners

8 of war by the regime of Saddam Hussein during the First

9 Gulf War.

10 SEC. 1056. DRUG ERADICATION EFFORTS IN AFGHANISTAN.

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

12 (1) The United States engaged in military ac13 tion against the Taliban-controlled Government of Af14 ghanistan in 2001 in direct response to the Taliban’s

15 support and aid to Al Qaeda.

16 (2) The military action against the Taliban in

17 Afghanistan was designed, in part, to disrupt the ac18 tivities of, and financial support for, terrorists.

19 (3) A greater percentage of the world’s opium

20 supply is now produced in Afghanistan than before

21 the Taliban banned the cultivation or trade of opium.

22 (4) In 2004, more than two years after the

23 Taliban was forcefully removed from power, Afghani24 stan is supplying approximately 75 percent of the

25 world’s heroin.
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1 (5) The estimated value of the opium harvested

2 in Afghanistan in 2003 was $2,300,000,000.

3 (6) Some of the profits associated with opium

4 harvested in Afghanistan continue to fund terrorists

5 and terrorist organizations, including Al Qaeda, that

6 seek to attack the United States and United States in7 terests.

8 (7) The global war on terror is and should re9 main our Nation’s highest national security priority.

10 (8) United States and Coalition counterdrug ef11 forts in Afghanistan have not yet produced significant

12 results.

13 (9) There are indications of strong, direct con14 nections between terrorism and drug trafficking.

15 (10) The elimination of this funding source is

16 critical to making significant progress in the global

17 war on terror.

18 (11) The President of Afghanistan, Hamid

19 Karzai, has stated that opium production poses a sig20 nificant threat to the future of Afghanistan, and has

21 established a plan of action to deal with this threat.

22 (12) The United Nations Office on Drugs and

23 Crime has reported that Afghanistan is at risk of

24 again becoming a failed state if strong actions are not

25 taken against narcotics.
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1 (b) SENSE OF CONGRESS.—It is the sense of Congress

2 that—

3 (1) the President should make the substantial re4 duction of drug trafficking in Afghanistan a priority

5 in the war on terror;

6 (2) the Secretary of Defense should, in coordina7 tion with the Secretary of State, work to a greater ex8 tent in cooperation with the Government of Afghani9 stan and international organizations involved in

10 counterdrug activities to assist in providing a secure

11 environment for counterdrug personnel in Afghani12 stan; and

13 (3) because the trafficking of narcotics is known

14 to support terrorist activities and contributes to the

15 instability of the Government of Afghanistan, addi16 tional efforts should be made by the Armed Forces of

17 the United States, in conjunction with and in sup18 port of coalition forces, to significantly reduce nar19 cotics trafficking in Afghanistan and neighboring

20 countries, with particular focus on those trafficking

21 organizations with the closest links to known terrorist

22 organizations.

23 (c) REPORT.—Not later than 120 days after the date

24 of the enactment of this Act, the Secretary of Defense shall

25 submit to Congress a report that describes—
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1 (1) progress made towards substantially reduc2 ing the poppy cultivation and heroin production ca3 pabilities in Afghanistan; and

4 (2) the extent to which profits from illegal drug

5 activity in Afghanistan fund terrorist organizations

6 and support groups that seek to undermine the Gov7 ernment of Afghanistan.

8 SEC. 1057. HUMANE TREATMENT OF DETAINEES.

9 (a) FINDINGS.—Congress makes the following findings:

10 (1) After World War II, the United States and

11 its allies created a new international legal order

12 based on respect for human rights. One of its funda13 mental tenets was a universal prohibition on torture

14 and ill treatment.

15 (2) On June 26, 2003, the International Day in

16 Support of Victims of Torture, President George W.

17 Bush stated, ‘‘The United States is committed to the

18 world-wide elimination of torture and we are leading

19 this fight by example. I call on all governments to

20 join with the United States and the community of

21 law-abiding nations in prohibiting, investigating,

22 and prosecuting all acts of torture and in under23 taking to prevent other cruel and unusual punish24 ment.’’.
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1 (3) The United States is a party to the Geneva

2 Conventions, which prohibit torture, cruel treatment,

3 or outrages upon personal dignity, in particular,

4 humiliating and degrading treatment, during armed

5 conflict.

6 (4) The United States is a party to 2 treaties

7 that prohibit torture and cruel, inhuman, or degrad8 ing treatment or punishment, as follows:

9 (A) The International Covenant on Civil

10 and Political Rights, done at New York Decem11 ber 16, 1966.

12 (B) The Convention against Torture and

13 Other Cruel, Inhuman or Degrading Treatment

14 or Punishment, done at New York December 10,

15 1984.

16 (5) The United States filed reservations to the

17 treaties described in subparagraphs (A) and (B) of

18 paragraph (4) stating that the United States con19 siders itself bound to prevent ‘‘cruel, inhuman or de20 grading treatment or punishment’’ to the extent that

21 phrase means the cruel, unusual, and inhumane

22 treatment or punishment prohibited by the 5th

23 amendment, 8th amendment, or 14th amendment to

24 the Constitution.
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1 (6) Army Regulation 190-8 entitled ‘‘Enemy

2 Prisoners of War, Retained Personnel, Civilian In3 ternees and Other Detainees’’ provides that ‘‘Inhu4 mane treatment is a serious and punishable violation

5 under international law and the Uniform Code of

6 Military Justice (UCMJ). . . . All prisoners will re7 ceive humane treatment without regard to race, na8 tionality, religion, political opinion, sex, or other cri9 teria. The following acts are prohibited: murder, tor10 ture, corporal punishment, mutilation, the taking of

11 hostages, sensory deprivation, collective punishments,

12 execution without trial by proper authority, and all

13 cruel and degrading treatment. . . . All persons will be

14 respected as human beings. They will be protected

15 against all acts of violence to include rape, forced

16 prostitution, assault and theft, insults, public curi17 osity, bodily injury, and reprisals of any kind....

18 This list is not exclusive.’’.

19 (7) The Field Manual on Intelligence Interroga20 tion of the Department of the Army states that ‘‘acts

21 of violence or intimidation, including physical or

22 mental torture, threats, insults, or exposure to inhu23 mane treatment as a means of or an aid to interroga24 tion’’ are ‘‘illegal’’. Such Manual defines ‘‘infliction

25 of pain through . . . bondage (other than legitimate use
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1 of restraints to prevent escape)’’, ‘‘forcing an indi2 vidual to stand, sit, or kneel in abnormal positions

3 for prolonged periods of time’’, ‘‘food deprivation’’,

4 and ‘‘any form of beating’’ as ‘‘physical torture’’, de5 fines ‘‘abnormal sleep deprivation’’ as ‘‘mental tor6 ture’’, and prohibits the use of such tactics under any

7 circumstances.

8 (8) The Field Manual on Intelligence Interroga9 tion of the Department of the Army states that ‘‘Use

10 of torture and other illegal methods is a poor tech11 nique that yields unreliable results, may damage sub12 sequent collection efforts, and can induce the source to

13 say what he thinks the interrogator wants to hear.

14 Revelation of use of torture by U.S. personnel will

15 bring discredit upon the U.S. and its armed forces

16 while undermining domestic and international sup17 port for the war effort. It may also place U.S. and

18 allied personnel in enemy hands at a greater risk of

19 abuse by their captors.’’.

20 (b) PROHIBITION ON TORTURE OR CRUEL, INHUMAN,

21 OR DEGRADING TREATMENT OR PUNISHMENT.—(1) No per22 son in the custody or under the physical control of the

23 United States shall be subject to torture or cruel, inhuman,

24 or degrading treatment or punishment that is prohibited

25 by the Constitution, laws, or treaties of the United States.
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1 (2) Nothing in this section shall affect the status of

2 any person under the Geneva Conventions or whether any

3 person is entitled to the protections of the Geneva Conven4 tions.

5 (c) RULES, REGULATIONS, AND GUIDELINES.—(1) Not

6 later than 180 days after the date of enactment of this Act,

7 the Secretary shall prescribe the rules, regulations, or guide8 lines necessary to ensure compliance with the prohibition

9 in subsection (b)(1) by the members of the United States

10 Armed Forces and by any person providing services to the

11 Department of Defense on a contract basis.

12 (2) The Secretary shall submit to the congressional de13 fense committees the rules, regulations, or guidelines pre14 scribed under paragraph (1), and any modifications to such

15 rules, regulations, or guidelines—

16 (A) not later than 30 days after the effective date

17 of such rules, regulations, guidelines, or modifica18 tions; and

19 (B) in a manner and form that will protect the

20 national security interests of the United States.

21 (d) REPORT TO CONGRESS.—(1) The Secretary shall

22 submit, on a timely basis and not less than twice each year,

23 a report to Congress on the circumstances surrounding any

24 investigation of a possible violation of the prohibition in

25 subsection (b)(1) by a member of the Armed Forces or by
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1 a person providing services to the Department of Defense

2 on a contract basis.

3 (2) A report required under paragraph (1) shall be

4 submitted in a manner and form that—

5 (A) will protect the national security interests of

6 the United States; and

7 (B) will not prejudice any prosecution of an in8 dividual involved in, or responsible for, a violation of

9 the prohibition in subsection (b)(1).

10 (e) DEFINITIONS.—In this section:

11 (1) The term ‘‘cruel, inhuman, or degrading

12 treatment or punishment’’ means the cruel, unusual,

13 and inhumane treatment or punishment prohibited

14 by the 5th amendment, 8th amendment, or 14th

15 amendment to the Constitution.

16 (2) The term ‘‘Geneva Conventions’’ means—

17 (A) the Convention for the Amelioration of

18 the Condition of the Wounded and Sick in

19 Armed Forces in the Field, done at Geneva Au20 gust 12, 1949 (6 UST 3114);

21 (B) the Convention for the Amelioration of

22 the Condition of the Wounded, Sick, and Ship23 wrecked Members of Armed Forces at Sea, done

24 at Geneva August 12, 1949 (6 UST 3217);
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1 (C) the Convention Relative to the Treat2 ment of Prisoners of War, done at Geneva Au3 gust 12, 1949 (6 UST 3316); and

4 (D) the Convention Relative to the Protec5 tion of Civilian Persons in Time of War, done

6 at Geneva August 12, 1949 (6 UST 3516).

7 (3) The term ‘‘Secretary’’ means the Secretary of

8 Defense.

9 (4) The term ‘‘torture’’ has the meaning given

10 that term in section 2340 of title 18, United States

11 Code.

12 SEC. 1058. UNITED NATIONS OIL-FOR-FOOD PROGRAM.

13 (a) RESPONSIBILITY OF INSPECTOR GENERAL OF THE

14 DEPARTMENT OF DEFENSE FOR SECURITY OF DOCU15 MENTS.—(1) The Inspector General of the Department of

16 Defense, in cooperation with the Director of the Defense

17 Contract Audit Agency and the Director of the Defense Con18 tract Management Agency, shall ensure, not later than June

19 30, 2004, the security of all documents relevant to the

20 United Nations Oil-for-Food Program that are in the pos21 session or control of the Coalition Provisional Authority.

22 (2) The Inspector General shall—

23 (A) maintain copies of all such documents in the

24 United States at the Department of Defense; and
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1 (B) not later than August 31, 2004, deliver a

2 complete set of all such documents to the Comptroller

3 General of the United States.

4 (b) COOPERATION IN INVESTIGATIONS.—Each head of

5 an Executive agency, including the Department of State,

6 the Department of Defense, the Department of the Treasury,

7 and the Central Intelligence Agency, and the Administrator

8 of the Coalition Provisional Authority shall, upon a request

9 in connection with an investigation of the United Nations

10 Oil-for-Food Program made by the chairman of the Com11 mittee on Foreign Relations, the Committee on Armed Serv12 ices, the Committee on the Judiciary, the Committee on

13 Governmental Affairs, the Select Committee on Intelligence,

14 the Permanent Subcommittee on Investigations, or other

15 committee of the Senate with relevant jurisdiction, prompt16 ly provide to such chairman—

17 (1) access to any information and documents de18 scribed in subsections (a) or (c) that are under the

19 control of such agency and responsive to the request;

20 and

21 (2) assistance relating to access to and utiliza22 tion of such information and documents.

23 (c) INFORMATION FROM THE UNITED NATIONS.—(1)

24 The Secretary of State shall use the voice and vote of the

25 United States in the United Nations to urge the Secretary-
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1 General of the United Nations to provide the United States

2 copies of all audits and core documents related to the

3 United Nations Oil-for-Food Program.

4 (2) It is the sense of Congress that, pursuant to section

5 941(b)(6) of the United Nations Reform Act of 1999 (title

6 IX of division A of H.R. 3427 of the 106th Congress, as

7 enacted into law by section 1000(a)(7) of Public Law 106–

8 113; 113 Stat. 1501A-480), the Comptroller General of the

9 United States should have full and complete access to finan10 cial data relating to the United Nations, including infor11 mation related to the financial transactions, organization,

12 and activities of the United Nations Oil-for-Food Program.

13 (3) The Secretary of State shall facilitate the providing

14 of access to the Comptroller General to the financial data

15 described in paragraph (2).

16 (d) REVIEWOF OIL-FOR-FOOD PROGRAM BY COMP17 TROLLER GENERAL.—(1) The Comptroller General of the

18 United States shall conduct a review of United States over19 sight of the United Nations Oil-for-Food Program. The

20 review—

21 (A) in accordance with Generally Accepted Gov22 ernment Auditing Standards, should not interfere

23 with any ongoing criminal investigations or inquiries

24 related to the Oil-for-Food program; and
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1 (B) may take into account the results of any in2 vestigations or inquiries related to the Oil-for-Food

3 program.

4 (2) The head of each Executive agency shall fully co5 operate with the review under this subsection.

6 (e) EXECUTIVE AGENCY DEFINED.—In this section,

7 the term ‘‘Executive agency’’ has the meaning given that

8 term in section 105 of title 5, United States Code.

9 SEC. 1059. SENSE OF CONGRESS ON THE GLOBAL PARTNER10 SHIP AGAINST THE SPREAD OF WEAPONS OF

11 MASS DESTRUCTION.

12 It is the sense of Congress that the President should

13 be commended for the steps taken at the G–8 summit at

14 Sea Island, Georgia, on June 8–10, 2004, to demonstrate

15 continued support for the Global Partnership against the

16 Spread of Nuclear Weapons and Materials of Mass Destruc17 tion and to expand the Partnership by welcoming new

18 members and using the Partnership to coordinate non19 proliferation projects in Libya, Iraq, and other countries;

20 and that the President should—

21 (1) expand the membership of donor nations to

22 the Partnership;

23 (2) insure that Russia remains the primary

24 partner of the Partnership while also seeking to fund
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1 through the Partnership efforts in other countries

2 with potentially vulnerable weapons or materials;

3 (3) develop for the Partnership clear program

4 goals;

5 (4) develop for the Partnership transparent

6 project prioritization and planning;

7 (5) develop for the Partnership project imple8 mentation milestones under periodic review;

9 (6) develop under the Partnership agreements be10 tween partners for project implementation; and

11 (7) give high priority and senior-level attention

12 to resolving disagreements on site access and worker

13 liability under the Partnership.

14 SEC. 1059A. EXCEPTION TO BILATERAL AGREEMENT RE15 QUIREMENTS FOR TRANSFERS OF DEFENSE

16 ITEMS.

17 (a) FINDINGS.—Congress makes the following findings:

18 (1) Close defense cooperation between the United

19 States and each of the United Kingdom and Australia

20 requires interoperability among the armed forces of

21 those countries.

22 (2) The need for interoperability must be bal23 anced with the need for appropriate and effective reg24 ulation of trade in defense items.
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1 (3) The Arms Export Control Act (22 U.S.C.

2 2751 et seq.) authorizes the executive branch to ad3 minister arms export policies enacted by Congress in

4 the exercise of its constitutional power to regulate

5 commerce with foreign nations.

6 (4) The executive branch has exercised its au7 thority under the Arms Export Control Act, in part,

8 through the International Traffic in Arms Regula9 tions.

10 (5) Agreements to gain exemption from the

11 International Traffic in Arms Regulations must be

12 submitted to Congress for review.

13 (b) DEFINITIONS.—In this section:

14 (1) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate congressional commit16 tees’’ means—

17 (A) the Committee on Foreign Relations

18 and the Committee on Armed Services of the

19 Senate; and

20 (B) the Committee on International Rela21 tions and the Committee on Armed Services of

22 the House of Representatives.

23 (2) DEFENSE ITEMS.—The term ‘‘defense items’’

24 has the meaning given the term in section 38 of the

25 Arms Export Control Act (22 U.S.C. 2778).
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1 (3) INTERNATIONAL TRAFFIC IN ARMS REGULA2 TIONS.—The term ‘‘International Traffic in Arms

3 Regulations’’ means the regulations maintained under

4 parts 120 through 130 of title 22, Code of Federal

5 Regulations, and any successor regulations.

6 (c) EXCEPTIONS FROM BILATERAL AGREEMENT RE7 QUIREMENTS.—

8 (1) IN GENERAL.—Subsection (j) of section 38 of

9 the Arms Export Control Act (22 U.S.C. 2778) is

10 amended—

11 (A) by redesignating paragraph (4) as

12 paragraph (5); and

13 (B) by inserting after paragraph (3) the fol14 lowing new paragraph (4):

15 ‘‘(4) EXCEPTIONS FROM BILATERAL AGREEMENT

16 REQUIREMENTS.—

17 ‘‘(A) AUSTRALIA.—Subject to section 1055

18 of the National Defense Authorization Act for

19 Fiscal Year 2005, the requirements for a bilat20 eral agreement described in paragraph (2)(A)

21 shall not apply to a bilateral agreement between

22 the United States Government and the Govern23 ment of Australia with respect to transfers or

24 changes in end use of defense items within Aus25 tralia that will remain subject to the licensing
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1 requirements of this Act after such agreement en2 ters into force.

3 ‘‘(B) UNITED KINGDOM.—Subject to section

4 1055 of the National Defense Authorization Act

5 for Fiscal Year 2005, the requirements for a bi6 lateral agreement described in paragraphs

7 (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall not

8 apply to a bilateral agreement between the

9 United States Government and the Government

10 of the United Kingdom for an exemption from

11 the licensing requirements of this Act.’’.

12 (2) CONFORMING AMENDMENT.—Paragraph (2)

13 of such subsection is amended in the matter preceding

14 subparagraph (A) by striking ‘‘A bilateral agreement’’

15 and inserting ‘‘Except as provided in paragraph (4),

16 a bilateral agreement’’.

17 (d) CERTIFICATIONS.—Not later than 30 days before

18 authorizing an exemption from the licensing requirements

19 of the International Traffic in Arms Regulations in accord20 ance with any bilateral agreement entered into with the

21 United Kingdom or Australia under section 38(j) of the

22 Arms Export Control Act (22 U.S.C. 2778(j)), as amended

23 by subsection (c), the President shall certify to the appro24 priate congressional committees that such agreement—
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1 (1) is in the national interest of the United

2 States and will not in any way affect the goals and

3 policy of the United States under section 1 of the

4 Arms Export Control Act (22 U.S.C. 2751);

5 (2) does not adversely affect the efficacy of the

6 International Traffic in Arms Regulations to provide

7 consistent and adequate controls for licensed exports

8 of United States defense items; and

9 (3) will not adversely affect the duties or require10 ments of the Secretary of State under the Arms Ex11 port Control Act.

12 (e) NOTIFICATION OF BILATERAL LICENSING EXEMP13 TIONS.—Not later than 30 days before authorizing an ex14 emption from the licensing requirements of the Inter15 national Traffic in Arms Regulations in accordance with

16 any bilateral agreement entered into with the United King17 dom or Australia under section 38(j) of the Arms Export

18 Control Act (22 U.S.C. 2778(j)), as amended by subsection

19 (c), the President shall submit to the appropriate congres20 sional committees the text of the regulations that authorize

21 such a licensing exemption.

22 (f) REPORT ON CONSULTATION ISSUES.—Not later

23 than one year after the date of the enactment of this Act

24 and annually thereafter for each of the following 5 years,

25 the President shall submit to the appropriate congressional
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1 committees a report on issues raised during the previous

2 year in consultations conducted under the terms of any bi3 lateral agreement entered into with Australia under section

4 38(j) of the Arms Export Control Act, or under the terms

5 of any bilateral agreement entered into with the United

6 Kingdom under such section, for exemption from the licens7 ing requirements of the Arms Export Control Act (22

8 U.S.C. 2751 et seq.). Each report shall contain—

9 (1) information on any notifications or consulta10 tions between the United States and the United King11 dom under the terms of any agreement with the

12 United Kingdom, or between the United States and

13 Australia under the terms of any agreement with

14 Australia, concerning the modification, deletion, or

15 addition of defense items on the United States Muni16 tions List, the United Kingdom Military List, or the

17 Australian Defense and Strategic Goods List;

18 (2) a list of all United Kingdom or Australia

19 persons and entities that have been designated as

20 qualified persons eligible to receive United States ori21 gin defense items exempt from the licensing require22 ments of the Arms Export Control Act under the

23 terms of such agreements, and listing any modifica24 tion, deletion, or addition to such lists, pursuant to
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1 the requirements of any agreement with the United

2 Kingdom or any agreement with Australia;

3 (3) information on consultations or steps taken

4 pursuant to any agreement with the United Kingdom

5 or any agreement with Australia concerning coopera6 tion and consultation with either government on the

7 effectiveness of the defense trade control systems of

8 such government;

9 (4) information on provisions and procedures

10 undertaken pursuant to—

11 (A) any agreement with the United King12 dom with respect to the handling of United

13 States origin defense items exempt from the li14 censing requirements of the Arms Export Control

15 Act by persons and entities qualified to receive

16 such items in the United Kingdom; and

17 (B) any agreement with Australia with re18 spect to the handling of United States origin de19 fense items exempt from the licensing require20 ments of the Arms Export Control Act by persons

21 and entities qualified to receive such items in

22 Australia;

23 (5) information on any new understandings, in24 cluding the text of such understandings, between the

25 United States and the United Kingdom concerning
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1 retransfer of United States origin defense items made

2 pursuant to any agreement with the United Kingdom

3 to gain exemption from the licensing requirements of

4 the Arms Export Control Act;

5 (6) information on consultations with the Gov6 ernment of the United Kingdom or the Government of

7 Australia concerning the legal enforcement of any

8 such agreements;

9 (7) information on United States origin defense

10 items with respect to which the United States has

11 provided an exception under the Memorandum of Un12 derstanding between the United States and the United

13 Kingdom and any agreement between the United

14 States and Australia from the requirement for United

15 States Government re-export consent that was not

16 provided for under United States laws and regula17 tions in effect on the date of the enactment of this Act;

18 and

19 (8) information on any significant concerns that

20 have arisen between the Government of Australia or

21 the Government of the United Kingdom and the

22 United States Government concerning any aspect of

23 any bilateral agreement between such country and the

24 United States to gain exemption from the licensing

25 requirements of the Arms Export Control Act.
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1 (g) SPECIAL NOTIFICATIONS.—

2 (1) REQUIRED NOTIFICATIONS.—The Secretary

3 of State shall notify the appropriate congressional

4 committees not later than 90 days after receiving any

5 credible information regarding an unauthorized end6 use or diversion of United States exports of goods or

7 services made pursuant to any agreement with a

8 country to gain exemption from the licensing require9 ments of the Arms Export Control Act. The notifica10 tion shall be made in a manner that is consistent

11 with any ongoing efforts to investigate and commence

12 civil actions or criminal investigations or prosecu13 tions regarding such matters and may be made in

14 classified or unclassified form.

15 (2) CONTENT.—The notification regarding an

16 unauthorized end-use or diversion of goods or services

17 under paragraph (1) shall include—

18 (A) a description of the goods or services;

19 (B) the United States origin of the good or

20 service;

21 (C) the authorized recipient of the good or

22 service;

23 (D) a detailed description of the unauthor24 ized end-use or diversion, including any knowl-
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1 edge by the United States exporter of such unau2 thorized end-use or diversion;

3 (E) any enforcement action taken by the

4 Government of the United States; and

5 (F) any enforcement action taken by the

6 government of the recipient nation.

7 SEC. 1059B. REDESIGNATION AND MODIFICATION OF AU8 THORITIES RELATING TO INSPECTOR GEN9 ERAL OF THE COALITION PROVISIONAL AU10 THORITY.

11 (a) REDESIGNATION.—(1) Subsections (b) and (c)(1)

12 of section 3001 of the Emergency Supplemental Appropria13 tions Act for Defense and Reconstruction of Iraq and Af14 ghanistan, 2004 (Public Law 108–106; 117 Stat. 1234; 5

15 U.S.C. App. 3 section 8G note) are each amended by strik16 ing ‘‘Office of the Inspector General of the Coalition Provi17 sional Authority’’ and inserting ‘‘Office of the Special In18 spector General for Iraq Reconstruction’’.

19 (2) Subsection (c)(1) of such section is further amended

20 by striking ‘‘Inspector General of the Coalition Provisional

21 Authority’’ and inserting ‘‘Special Inspector General for

22 Iraq Reconstruction (in this section referred to as the ‘In23 spector General’)’’.

24 (3)(A) The heading of such section is amended to read

25 as follows:
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1 ‘‘SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ RE2 CONSTRUCTION.’’.

3 (B) The heading of title III of such Act is amended

4 to read as follows:

5 ‘‘TITLE III—SPECIAL INSPECTOR

6 GENERAL FOR IRAQ RECON7 STRUCTION’’.

8 (b) CONTINUATION IN OFFICE.—The individual serv9 ing as the Inspector General of the Coalition Provisional

10 Authority as of the date of the enactment of this Act may

11 continue to serve in that position after that date without

12 reappointment under paragraph (1) of section 3001(c) of

13 the Emergency Supplemental Appropriations Act for De14 fense and Reconstruction of Iraq and Afghanistan, 2004,

15 but remaining subject to removal as specified in paragraph

16 (4) of that section.

17 (c) PURPOSES.—Subsection (a) of such section is

18 amended—

19 (1) in paragraph (1), by striking ‘‘of the Coali20 tion Provisional Authority (CPA)’’ and inserting

21 ‘‘funded with amounts appropriated or otherwise

22 made available to the Iraq Relief and Reconstruction

23 Fund’’;

24 (2) in paragraph (2)(B), by striking ‘‘fraud’’

25 and inserting ‘‘waste, fraud,’’; and
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1 (3) in paragraph (3), by striking ‘‘the head of

2 the Coalition Provisional Authority’’ and inserting

3 ‘‘the Secretary of State and the Secretary of Defense’’.

4 (d) RESPONSIBILITIES OF ASSISTANT INSPECTOR

5 GENERAL FOR AUDITING.—Subsection (d)(1) of such sec6 tion is amended by striking ‘‘of the Coalition Provisional

7 Authority’’ and inserting ‘‘supported by the Iraq Relief and

8 Reconstruction Fund’’.

9 (e) SUPERVISION.—Such section is further amended—

10 (1) in subsection (e)(1), by striking ‘‘the head of

11 the Coalition Provisional Authority’’ and inserting

12 ‘‘the Secretary of State and the Secretary of Defense’’;

13 (2) in subsection (h)—

14 (A) in paragraphs (4)(B) and (5), by strik15 ing ‘‘head of the Coalition Provisional Author16 ity’’ and inserting ‘‘Secretary of State’’; and

17 (B) in paragraph (5), by striking ‘‘at the

18 central and field locations of the Coalition Provi19 sional Authority’’ and inserting ‘‘at appropriate

20 locations of the Department of State in Iraq’’;

21 (3) in subsection (j)—

22 (A) in paragraph (1), by striking ‘‘the head

23 of the Coalition Provisional Authority’’ and in24 serting ‘‘the Secretary of State and the Secretary

25 of Defense’’; and
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1 (B) in paragraph (2)—

2 (i) in subparagraph (A)—

3 (I) by striking ‘‘the head of the

4 Coalition Provisional Authority’’ the

5 first place it appears and inserting

6 ‘‘the Secretary of State or the Sec7 retary of Defense’’; and

8 (II) by striking ‘‘the head of the

9 Coalition Provisional Authority con10 siders’’ the second place it appears and

11 inserting ‘‘the Secretary of State or the

12 Secretary of Defense, as the case may

13 be, consider’’; and

14 (ii) in subparagraph (B), by striking

15 ‘‘the head of the Coalition Provisional Au16 thority considers’’ and inserting ‘‘the Sec17 retary of State or the Secretary of Defense,

18 as the case may be, consider’’; and

19 (4) in subsection (k), by striking ‘‘the head of the

20 Coalition Provisional Authority shall’’ each place it

21 appears and inserting ‘‘the Secretary of State and the

22 Secretary of Defense shall jointly’’.

23 (f) DUTIES.—Subsection (f)(1) of such section is

24 amended by striking ‘‘appropriated funds by the Coalition

25 Provisional Authority in Iraq’’ and inserting ‘‘amounts ap-
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1 propriated or otherwise made available to the Iraq Relief

2 and Reconstruction Fund’’.

3 (g) COORDINATION WITH INSPECTOR GENERAL OF

4 DEPARTMENT OF STATE.—Subsection (f) of such section is

5 further amended striking paragraphs (4) and (5) and in6 serting the following new paragraph (4):

7 ‘‘(4) In carrying out the duties, responsibilities, and

8 authorities of the Inspector General under this section, the

9 Inspector General shall coordinate with, and receive the co10 operation of, each of the following:

11 ‘‘(A) The Inspector General of the Department of

12 Defense.

13 ‘‘(B) The Inspector General of the United States

14 Agency for International Development.

15 ‘‘(C) The Inspector General of the Department of

16 State.’’.

17 (h) POWERS AND AUTHORITIES.—Subsection (g) of

18 such section is amended by inserting before the period the

19 following: ‘‘, including the authorities under subsection (e)

20 of such section’’.

21 (i) REPORTS.—Subsection (i) of such section is

22 amended—

23 (1) in paragraph (1)—

24 (A) in the first sentence, by striking ‘‘and

25 every calendar quarter thereafter,’’ and all that
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1 follows through ‘‘the Coalition Provisional Au2 thority’’ and inserting ‘‘again on July 30, 2004,

3 and every calendar quarter thereafter, the In4 spector General shall submit to the appropriate

5 committees of Congress a report summarizing the

6 activities of the Inspector General and the pro7 grams and operations funded with amounts ap8 propriated or otherwise made available to the

9 Iraq Relief and Reconstruction Fund’’;

10 (B) in subparagraph (B), by striking ‘‘the

11 Coalition Provisional Authority’’ and inserting

12 ‘‘the Department of Defense, the Department of

13 State, and the United States Agency for Inter14 national Development, as applicable,’’;

15 (C) in subparagraph (E), by striking ‘‘ap16 propriated funds’’ and inserting ‘‘such

17 amounts’’; and

18 (D) in subparagraph (F), by striking ‘‘the

19 Coalition Provisional Authority’’ and inserting

20 ‘‘the contracting department or agency’’;

21 (2) in paragraph (2), by striking ‘‘by the Coali22 tion Provisional Authority’’ and inserting ‘‘by any

23 department or agency of the United States Govern24 ment that involves the use of amounts appropriated
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1 or otherwise made available to the Iraq Relief and

2 Reconstruction Fund’’;

3 (3) in paragraph (3), by striking ‘‘June 30,

4 2004’’ and inserting ‘‘July 30, 2004’’; and

5 (4) in paragraph (4), by striking ‘‘the Coalition

6 Provisional Authority’’ and inserting ‘‘the Depart7 ment of State and of the Department of Defense’’.

8 (j) TERMINATION.—Subsection (o) of such section is

9 amended to read as follows:

10 ‘‘(o) TERMINATION.—The Office of the Inspector Gen11 eral shall terminate on the date that is 10 months after

12 the date, as determined by the Secretary of State, on which

13 80 percent of the amounts appropriated or otherwise made

14 available to the Iraq Relief and Reconstruction Fund by

15 chapter 2 of title II of this Act have been obligated.’’.

16 SEC. 1059C. TREATMENT OF FOREIGN PRISONERS.

17 (a) POLICY.—(1) It is the policy of the United States

18 to treat all foreign persons captured, detained, interned or

19 otherwise held in the custody of the United States (herein20 after ‘‘prisoners’’) humanely and in accordance with stand21 ards that the United States would consider legal if per22 petrated by the enemy against an American prisoner.

23 (2) It is the policy of the United States that all

24 officials of the United States are bound both in war25 time and in peacetime by the legal prohibition
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1 against torture, cruel, inhuman or degrading treat2 ment.

3 (3) If there is any doubt as to whether prisoners

4 are entitled to the protections afforded by the Geneva

5 Conventions, such prisoners shall enjoy the protections

6 of the Geneva Conventions until such time as their

7 status can be determined pursuant to the procedures

8 authorized by Army Regulation 190–8, Section 1–6.

9 (4) It is the policy of the United States to expe10 ditiously prosecute cases of terrorism or other crimi11 nal acts alleged to have been committed by prisoners

12 in the custody of the United States Armed Forces at

13 Guantanamo Bay, Cuba, in order to avoid the indefi14 nite detention of prisoners, which is contrary to the

15 legal principles and security interests of the United

16 States.

17 (b) REPORTING.—The Department of Defense shall

18 submit to the appropriate congressional committees:

19 (1) A quarterly report providing the number of

20 prisoners who were denied Prisoner of War (POW)

21 status under the Geneva Conventions and the basis for

22 denying POW status to each such prisoner.

23 (2) A report setting forth—
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1 (A) the proposed schedule for military com2 missions to be held at Guantanamo Bay, Cuba;

3 and

4 (B) the number of individuals currently

5 held at Guantanamo Bay, Cuba, the number of

6 such individuals who are unlikely to face a mili7 tary commission in the next six months, and the

8 reason(s) for not bringing such individuals before

9 a military commission.

10 (3) All International Committee of the Red Cross

11 reports, completed prior to the enactment of this Act,

12 concerning the treatment of prisoners in United

13 States custody at Guantanamo Bay, Cuba, Iraq, and

14 Afghanistan. Such ICRC reports should be provided,

15 in classified form, not later than 15 days after enact16 ment of this Act.

17 (4) A report setting forth all prisoner interroga18 tion techniques approved by officials of the United

19 States.

20 (c) ANNUAL TRAINING REQUIREMENT.—The Depart21 ment of Defense shall certify that all Federal employees and

22 civilian contractors engaged in the handling and/or interro23 gating of prisoners have fulfilled an annual training re24 quirement on the laws of war, the Geneva Conventions and
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1 the obligations of the United States under international hu2 manitarian law.

3 Subtitle G—Other Matters

4 SEC. 1061. TECHNICAL AMENDMENTS RELATING TO DEFINI5 TIONS OF GENERAL APPLICABILITY IN TITLE

6 10, UNITED STATES CODE.

7 (a) CLARIFICATION OF DEFINITION OF ‘‘OPERATIONAL

8 RANGE’’.—Section 101(e)(3) of title 10, United States Code,

9 is amended by striking ‘‘Secretary of Defense’’ and insert10 ing ‘‘Secretary of a military department’’.

11 (b) AMENDMENTS RELATING TO DEFINITION OF CON12 GRESSIONAL DEFENSE COMMITTEES.—(1) Section 2215 of

13 title 10, United States Code, is amended—

14 (A) in subsection (a)—

15 (i) by striking ‘‘(a) CERTIFICATION RE16 QUIRED.—’’; and

17 (ii) by striking ‘‘congressional committees

18 specified in subsection (b)’’ and inserting ‘‘con19 gressional defense committees’’; and

20 (B) by striking subsection (b).

21 (2) Section 2515(d) of such title is amended—

22 (A) by striking ‘‘REPORT.—(1)’’ and inserting

23 ‘‘REPORT.—’’;
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1 (B) by striking ‘‘congressional committees speci2 fied in paragraph (2)’’ and inserting ‘‘congressional

3 defense committees’’; and

4 (C) by striking paragraph (2).

5 (3) Section 2676(d) of such title is amended by strik6 ing ‘‘appropriate committees of Congress’’ in the first sen7 tence and inserting ‘‘congressional defense committees’’.

8 SEC. 1062. TWO-YEAR EXTENSION OF AUTHORITY OF SEC9 RETARY OF DEFENSE TO ENGAGE IN COM10 MERCIAL ACTIVITIES AS SECURITY FOR IN11 TELLIGENCE COLLECTION ACTIVITIES

12 ABROAD.

13 Section 431(a) of title 10, United States Code, is

14 amended by striking ‘‘December 31, 2004’’ and inserting

15 ‘‘December 31, 2006’’.

16 SEC. 1063. LIABILITY PROTECTION FOR PERSONS VOLUN17 TARILY PROVIDING MARITIME-RELATED

18 SERVICES ACCEPTED BY THE NAVY.

19 Section 1588(d)(1) of title 10, United States Code, is

20 amended by adding at the end the following new subpara21 graph:

22 ‘‘(F) In the case of a person aboard a sailing

23 vessel of the Navy to engage in the training of Navy

24 personnel or in a competition involving Navy per-
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1 sonnel, the following provisions of law relating to

2 claims in admiralty for damages or loss:

3 ‘‘(i) The Act entitled ‘An Act authorizing

4 suits against the United States in admiralty,

5 suits for salvage services, and providing for the

6 release of merchant vessels belonging to the

7 United States from arrest and attachment in for8 eign jurisdictions, and for other purposes’, ap9 proved March 9, 1920 (commonly known as the

10 ‘Suits in Admiralty Act’) (46 U.S.C. App. 741

11 et seq.).

12 ‘‘(ii) The Act entitled ‘An Act authorizing

13 suits against the United States in admiralty for

14 damage caused by and salvage services rendered

15 to public vessels belonging to the United States,

16 and for other purposes’, approved March 3, 1925

17 (commonly known as the ‘Public Vessels Act’)

18 (46 U.S.C. App. 781 et seq.).’’.

19 SEC. 1064. LICENSING OF INTELLECTUAL PROPERTY.

20 (a) AUTHORITY.—Subchapter II of chapter 134 of title

21 10, United States Code, is amended by adding at the end

22 the following new section:
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1 ‘‘§ 2260. Licensing of intellectual property: retention of

2 fees

3 ‘‘(a) AUTHORITY.—Under regulations prescribed by

4 the Secretary of Defense, the Secretary concerned may li5 cense trademarks, service marks, certification marks, and

6 collective marks owned or controlled by the Secretary con7 cerned and may retain and expend fees received from such

8 licensing in accordance with this section.

9 ‘‘(b) DESIGNATED MARKS.—The Secretary concerned

10 shall designate the trademarks, service marks, certification

11 marks, and collective marks as to which the Secretary exer12 cises the authority to retain licensing fees under this sec13 tion.

14 ‘‘(c) USE OF FEES.—The Secretary concerned shall use

15 fees retained under this section for purposes as follows:

16 ‘‘(1) For payment of the following costs incurred

17 by the Secretary:

18 ‘‘(A) Costs of securing trademark registra19 tions.

20 ‘‘(B) Costs of operating the licensing pro21 gram under this section.

22 ‘‘(2) For morale, welfare, and recreation activi23 ties under the jurisdiction of the Secretary, to the ex24 tent (if any) that the total amount of the licensing

25 fees available under this section for a fiscal year ex-
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1 ceed the total amount needed for such fiscal year

2 under paragraph (1).

3 ‘‘(d) AVAILABILITY.—Fees received in a fiscal year and

4 retained under this section shall be available for obligations

5 in such fiscal year and the following two fiscal years.

6 ‘‘(e) DEFINITIONS.—In this section, the terms ‘trade7 mark’, ‘service mark’, ‘certification mark’, and ‘collective

8 mark’ have the meanings given such terms in section 45

9 of the Act entitled ‘An Act to provide for the registration

10 and protection of trademarks used in commerce, to carry

11 out the provisions of certain international conventions, and

12 for other purposes’, approved July 5, 1946 (commonly re13 ferred to as the ‘Trademark Act of 1946’) (15 U.S.C.

14 1127).’’.

15 (b) CLERICAL AMENDMENT.—The table of sections at

16 the beginning of such subchapter is amended by adding at

17 the end the following new item:

‘‘2260. Licensing of intellectual property: retention of fees.’’.

18 SEC. 1065. DELAY OF ELECTRONIC VOTING DEMONSTRA19 TION PROJECT.

20 Section 1604(a) of the National Defense Authorization

21 Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat.

22 1277; 42 U.S.C. 1973ff note) is amended—

23 (1) in paragraph (1), by striking ‘‘2002’’ and in24 serting ‘‘2006’’; and

25 (2) in paragraph (2)—
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1 (A) by striking ‘‘2002’’ and inserting

2 ‘‘2006’’; and

3 (B) by striking ‘‘2004’’ and inserting

4 ‘‘2008’’.

5 SEC. 1066. WAR RISK INSURANCE FOR MERCHANT MARINE

6 VESSELS.

7 (a) EXTENSION OF AUTHORITY.—Section 1214 of the

8 Merchant Marine Act, 1936 (46 U.S.C. App. 1294) is

9 amended by striking ‘‘June 30, 2005’’ and inserting ‘‘De10 cember 31, 2008’’.

11 (b) INVESTMENT OF FUNDS EXCESS TO SHORT-TERM

12 NEEDS.—Section 1208 of such Act (46 U.S.C. App. 1288)

13 is amended—

14 (1) by redesignating subsection (b) as subsection

15 (c); and

16 (2) in subsection (a), by striking ‘‘Upon the re17 quest of the Secretary of Transportation,’’ and all

18 that follows and inserting the following:

19 ‘‘(b)(1) The Secretary of Transportation may request

20 the Secretary of the Treasury to invest such portion of the

21 insurance fund under subsection (a) as is not, in the judg22 ment of the Secretary of Transportation, required to meet

23 the current needs of the fund. The Secretary of the Treasury

24 may make the requested investments.
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1 ‘‘(2) Investments under paragraph (1) shall be made

2 in public debt securities of the United States that—

3 ‘‘(A) mature at times suitable to the needs of the

4 insurance fund; and

5 ‘‘(B) bear interest rates determined by the Sec6 retary of the Treasury, taking into consideration cur7 rent market yields on outstanding marketable obliga8 tions of the United States of comparable maturity.

9 ‘‘(3) The interest and benefits accruing from securities

10 under this subsection shall be deposited to the credit of the

11 insurance fund.’’.

12 SEC. 1067. REPEAL OF QUARTERLY REPORTING REQUIRE13 MENT CONCERNING PAYMENTS FOR DIS14 TRICT OF COLUMBIA WATER AND SEWER

15 SERVICES AND ESTABLISHMENT OF ANNUAL

16 REPORT BY TREASURY.

17 (a) WATER AND WATER SERVICE SUPPLIED FOR THE

18 USE OF THE GOVERNMENT OF THE UNITED STATES.—Sec19 tion 106(b)(5) of the District of Columbia Public Works Act

20 of 1954 (sec. 34–2401.25(b), D.C. Official Code), as amend21 ed by section 401 of the Miscellaneous Appropriations Act,

22 2001 (as enacted by reference in section 1(a)(4) of the Con23 solidated Appropriations Act, 2001), is amended to read as

24 follows:
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1 ‘‘(5) Not later than the 15th day of the month following

2 the beginning of the fiscal year (beginning with fiscal year

3 2005), the Secretary of the Treasury with respect to each

4 Federal department, establishment, or agency receiving

5 water services from the District of Columbia shall submit

6 a report to the Committee on Government Reform of the

7 House of Representatives, the Committee on Governmental

8 Affairs of the Senate, and the Committees on Appropria9 tions of the House of Representatives and Senate analyzing

10 the promptness of payment with respect to the services fur11 nished to such department, establishment, or agency.’’.

12 (b) SANITARY SEWER SERVICE CHARGES FOR UNITED

13 STATES GOVERNMENT.—Section 212(b)(5) of the District of

14 Columbia Public Works Act of 1954 (sec. 34–2112(b), D.C.

15 Official Code), as amended by section 401 of the Miscella16 neous Appropriations Act, 2001 (as enacted by reference in

17 section 1(a)(4) of the Consolidated Appropriations Act,

18 2001), is amended to read as follows:

19 ‘‘(5) Not later than the 15th day of the month following

20 the beginning of the fiscal year (beginning with fiscal year

21 2005), the Secretary of the Treasury with respect to each

22 Federal department, establishment, or agency receiving san23 itary sewer services from the District of Columbia shall sub24 mit a report to the Committee on Government Reform of

25 the House of Representatives, the Committee on Govern-
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1 mental Affairs of the Senate, and the Committees on Appro2 priations of the House of Representatives and Senate ana3 lyzing the promptness of payment with respect to the serv4 ices furnished to such department, establishment, or agen5 cy.’’.

6 SEC. 1068. RECEIPT OF PAY BY RESERVES FROM CIVILIAN

7 EMPLOYERS WHILE ON ACTIVE DUTY IN CON8 NECTION WITH A CONTINGENCY OPERATION.

9 Section 209 of title 18, United States Code, is amended

10 by adding at the end the following new subsection:

11 ‘‘(h) This section does not prohibit a member of the

12 reserve components of the armed forces on active duty pur13 suant to a call or order to active duty under a provision

14 of law referred to in section 101(a)(13) of title 10 from re15 ceiving from any person that employed such member before

16 the call or order to active duty any payment of any part

17 of the salary or wages that such person would have paid

18 the member if the member’s employment had not been inter19 rupted by such call or order to active duty.’’.

20 SEC. 1069. PROTECTION OF ARMED FORCES PERSONNEL

21 FROM RETALIATORY ACTIONS FOR COMMU22 NICATIONS MADE THROUGH THE CHAIN OF

23 COMMAND.

24 (a) PROTECTED COMMUNICATIONS.—Section

25 1034(b)(1)(B) of title 10, United States Code, is amended—
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1 (1) by striking ‘‘or’’ at the end of clause (iii)’’;

2 and

3 (2) by striking clause (iv) and inserting the fol4 lowing:

5 ‘‘(iv) any person or organization in the

6 chain of command; or

7 ‘‘(v) any other person or organization des8 ignated pursuant to regulations or other estab9 lished administrative procedures for such com10 munications.’’.

11 (b) EFFECTIVE DATE AND APPLICABILITY.—This sec12 tion and the amendments made by this section shall take

13 effect on the date of the enactment of this Act and shall

14 apply with respect to any unfavorable personnel action

15 taken or threatened, and any withholding of or threat to

16 withhold a favorable personnel action, on or after that date.

17 SEC. 1070. MISSILE DEFENSE COOPERATION.

18 (a) DEPARTMENT OF STATE PROCEDURES FOR EXPE19 DITED REVIEWOF LICENSES FOR THE TRANSFER OF DE20 FENSE ITEMS RELATED TO MISSILE DEFENSE.—

21 (1) EXPEDITED PROCEDURES.—The Secretary of

22 State shall, in consultation with the Secretary of De23 fense, establish procedures for considering technical

24 assistance agreements and related amendments and

25 munitions license applications for the export of de-
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1 fense items related to missile defense not later than 30

2 days after receiving such agreements, amendments,

3 and munitions license applications, except in cases in

4 which the Secretary of State determines that addi5 tional time is required to complete a review of a tech6 nical assistance agreement or related amendment or

7 a munitions license application for foreign policy or

8 national security reasons, including concerns regard9 ing the proliferation of ballistic missile technology.

10 (2) STUDY ON COMPREHENSIVE AUTHORIZA11 TIONS FOR MISSILE DEFENSE.—The Secretary of

12 State shall, in consultation with the Secretary of De13 fense, examine the feasibility of providing major

14 project authorizations for programs related to missile

15 defense similar to the comprehensive export authoriza16 tion specified in section 126.14 of the International

17 Traffic in Arms Regulations (section 126.14 of title

18 22, Code of Federal Regulations).

19 (3) REPORT.—Not later than 180 days after the

20 date of the enactment of this Act, the Secretary of

21 State shall, in consultation with the Secretary of De22 fense, submit to the Committee on Foreign Relations

23 and the Committee on Armed Services of the Senate

24 and the Committee on International Relations and
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1 the Committee on Armed Services of the House of

2 Representatives a report on—

3 (A) the implementation of the expedited

4 procedures required under paragraph (1); and

5 (B) the feasibility of providing the major

6 project authorization for projects related to mis7 sile defense described in paragraph (2).

8 (b) DEPARTMENT OF DEFENSE PROCEDURES FOR EX9 PEDITED REVIEWOF LICENSES FOR THE TRANSFER OF

10 DEFENSE ITEMS RELATED TO MISSILE DEFENSE.—

11 (1) PROCEDURES.—Not later than 180 days

12 after the date of the enactment of this Act, the Sec13 retary of Defense shall, in consultation with the Sec14 retary of State, prescribe procedures to increase the

15 efficiency and transparency of the practices used by

16 the Department of Defense to review technical assist17 ance agreements and related amendments and muni18 tions license applications related to international co19 operation on missile defense that are referred to the

20 Department.

21 (2) REPORT.—Not later than 180 days after the

22 date of the enactment of this Act, the Secretary of De23 fense, in consultation with the Secretary of State,

24 shall submit to the Committee on Armed Services and

25 the Committee on Foreign Relations of the Senate and
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1 the Committee on Armed Services and the Committee

2 on International Relations of the House of Represent3 atives a report—

4 (A) describing actions taken by the Sec5 retary of Defense to coordinate with the Sec6 retary of State the establishment of the expedited

7 review process described in subsection (a)(1);

8 (B) identifying key defense items related to

9 missile defense that are suitable for comprehen10 sive licensing procedures; and

11 (C) describing the procedures prescribed

12 pursuant to paragraph (1).

13 (c) DEFINITION OF DEFENSE ITEMS.—In this section,

14 the term ‘‘defense items’’ has the meaning given that term

15 in section 38(j)(4)(A) of the Arms Export Control Act (22

16 U.S.C. 2778(j)(4)(A)).

17 SEC. 1071. POLICY ON NONPROLIFERATION OF BALLISTIC

18 MISSILES.

19 (a) POLICY.—It is the policy of the United States to

20 develop, support, and strengthen international accords and

21 other cooperative efforts to curtail the proliferation of bal22 listic missiles and related technologies which could threaten

23 the territory of the United States, allies and friends of the

24 United States, and deployed members of the Armed Forces

25 of the United States with weapons of mass destruction.
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1 (b) SENSE OF CONGRESS.—(1) Congress makes the fol2 lowing findings:

3 (A) Certain countries are seeking to acquire bal4 listic missiles and related technologies that could be

5 used to attack the United States or place at risk

6 United States interests, forward-deployed members of

7 the Armed Forces, and allies and friends of the

8 United States.

9 (B) Certain countries continue to actively trans10 fer or sell ballistic missile technologies in contraven11 tion of standards of behavior established by the

12 United States and allies and friends of the United

13 States.

14 (C) The spread of ballistic missiles and related

15 technologies worldwide has been slowed by a combina16 tion of national and international export controls,

17 forward-looking diplomacy, and multilateral interdic18 tion activities to restrict the development and transfer

19 of such weapons and technologies.

20 (2) It is the sense of Congress that—

21 (A) the United States should vigorously pursue

22 foreign policy initiatives aimed at eliminating, reduc23 ing, or retarding the proliferation of ballistic missiles

24 and related technologies; and
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1 (B) the United States and the international com2 munity should continue to support and strengthen es3 tablished international accords and other cooperative

4 efforts, including United Nations Security Council

5 Resolution 1540 and the Missile Technology Control

6 Regime, that are designed to eliminate, reduce, or re7 tard the proliferation of ballistic missiles and related

8 technologies.

9 SEC. 1072. REIMBURSEMENT FOR CERTAIN PROTECTIVE,

10 SAFETY, OR HEALTH EQUIPMENT PUR11 CHASED BY OR FOR MEMBERS OF THE ARMED

12 FORCES FOR DEPLOYMENT IN OPERATIONS

13 IN IRAQ AND CENTRAL ASIA.

14 (a) REIMBURSEMENT REQUIRED.—(1) Subject to sub15 sections (c) and (d), the Secretary of Defense shall reim16 burse a member of the Armed Forces, or a person or entity

17 referred to in paragraph (2), for the cost (including ship18 ping cost) of any protective, safety, or health equipment

19 that was purchased by such member, or such person or enti20 ty on behalf of such member, before or during the deploy21 ment of such member in Operation Noble Eagle, Operation

22 Enduring Freedom, or Operation Iraqi Freedom for the use

23 of such member in connection with such operation if the

24 unit commander of such member certifies that such equip-
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1 ment was critical to the protection, safety, or health of such

2 member.

3 (2) A person or entity referred to in this paragraph

4 is a family member or relative of a member of the Armed

5 Forces, a non-profit organization, or a community group.

6 (b) COVERED PROTECTIVE, SAFETY, AND HEALTH

7 EQUIPMENT.—(1) Subject to paragraph (2), protective,

8 safety, and health equipment for which reimbursement shall

9 be made under subsection (a) shall include personal body

10 armor, collective armor or protective equipment (including

11 armor or protective equipment for high mobility multi-pur12 pose wheeled vehicles), and items provided through the

13 Rapid Fielding Initiative of the Army such as the advanced

14 (on-the-move) hydration system, the advanced combat hel15 met, the close combat optics system, a Global Positioning

16 System (GPS) receiver, and a soldier intercommunication

17 device.

18 (2) Non-military equipment may be treated as protec19 tive, safety, and health equipment for purposes of para20 graph (1) only if such equipment provides protection, safe21 ty, or health benefits, as the case may be, such as would

22 be provided by equipment meeting military specifications.

23 (c) LIMITATIONS REGARDING DATE OF PURCHASE OF

24 EQUIPMENT.—(1) In the case of armor or protective equip25 ment for high mobility multi-purpose wheeled vehicles
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1 (known as HUMVEEs), reimbursement shall be made under

2 subsection (a) only for armor or equipment purchased dur3 ing the period beginning on September 11, 2001, and end4 ing on July 31, 2004 or any date thereafter as determined

5 by the Secretary of Defense.

6 (2) In the case of any other protective, safety, and

7 health equipment, reimbursement shall be made under sub8 section (a) only for equipment purchased during the period

9 beginning on September 11, 2001, and ending on December

10 31, 2003 or any date thereafter as determined by the Sec11 retary of Defense.

12 (d) LIMITATION REGARDING AMOUNT OF REIMBURSE13 MENT.—The aggregate amount of reimbursement provided

14 under subsection (a) for any protective, safety, and health

15 equipment purchased by or on behalf of any given member

16 of the Armed Forces may not exceed the lesser of—

17 (1) the cost of such equipment (including ship18 ping cost); or

19 (2) $1,100.

20 (e) OWNERSHIP OF EQUIPMENT.—The Secretary may

21 provide, in regulations prescribed by the Secretary, that the

22 United States shall assume title or ownership of any protec23 tive, safety, or health equipment for which reimbursement

24 is provided under subsection (a).
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1 (f) FUNDING.—Amounts for reimbursements under

2 subsection (a) shall be derived from any amounts authorized

3 to be appropriated by this Act.

4 SEC. 1073. PRESERVATION OF SEARCH AND RESCUE CAPA5 BILITIES OF THE FEDERAL GOVERNMENT.

6 The Secretary of Defense may not reduce or eliminate

7 search and rescue capabilities at any military installation

8 in the United States unless the Secretary first certifies to

9 the Committees on Armed Services of the Senate and the

10 House of Representatives that equivalent search and rescue

11 capabilities will be provided, without interruption and con12 sistent with the policies and objectives set forth in the

13 United States National Search and Rescue Plan entered

14 into force on January 1, 1999, by—

15 (1) the Department of Interior, the Department

16 of Commerce, the Department of Homeland Security,

17 the Department of Transportation, the Federal Com18 munications Commission, or the National Aero19 nautics and Space Administration; or

20 (2) the Department of Defense, either directly or

21 through a Department of Defense contract with an

22 emergency medical service provider or other private

23 entity to provide such capabilities.
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1 SEC. 1074. GRANT OF FEDERAL CHARTER TO KOREAN WAR

2 VETERANS ASSOCIATION, INCORPORATED.

3 (a) GRANT OF CHARTER.—Part B of subtitle II of title

4 36, United States Code, is amended—

5 (1) by striking the following:

6 ‘‘CHAPTER 1201—[RESERVED]’’; and

7 (2) by inserting the following:

8 ‘‘CHAPTER 1201—KOREAN WAR VETERANS

9 ASSOCIATION, INCORPORATED

‘‘Sec.

‘‘120101. Organization.

‘‘120102. Purposes.

‘‘120103. Membership.

‘‘120104. Governing body.

‘‘120105. Powers.

‘‘120106. Restrictions.

‘‘120107. Duty to maintain corporate and tax-exempt status.

‘‘120108. Records and inspection.

‘‘120109. Service of process.

‘‘120110. Liability for acts of officers and agents.

‘‘120111. Annual report.

10 ‘‘§ 120101. Organization

11 ‘‘(a) FEDERAL CHARTER.—Korean War Veterans As12 sociation, Incorporated (in this chapter, the ‘corporation’),

13 incorporated in the State of New York, is a federally char14 tered corporation.

15 ‘‘(b) EXPIRATION OF CHARTER.—If the corporation

16 does not comply with the provisions of this chapter, the

17 charter granted by subsection (a) expires.
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1 ‘‘§ 120102. Purposes

2 ‘‘The purposes of the corporation are as provided in

3 its articles of incorporation and include—

4 ‘‘(1) organizing, promoting, and maintaining for

5 benevolent and charitable purposes an association of

6 persons who have seen honorable service in the Armed

7 Forces during the Korean War, and of certain other

8 persons;

9 ‘‘(2) providing a means of contact and commu10 nication among members of the corporation;

11 ‘‘(3) promoting the establishment of, and estab12 lishing, war and other memorials commemorative of

13 persons who served in the Armed Forces during the

14 Korean War; and

15 ‘‘(4) aiding needy members of the corporation,

16 their wives and children, and the widows and chil17 dren of persons who were members of the corporation

18 at the time of their death.

19 ‘‘§ 120103. Membership

20 ‘‘Eligibility for membership in the corporation, and

21 the rights and privileges of members of the corporation, are

22 as provided in the bylaws of the corporation.

23 ‘‘§ 120104. Governing body

24 ‘‘(a) BOARD OF DIRECTORS.—The board of directors

25 of the corporation, and the responsibilities of the board of
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1 directors, are as provided in the articles of incorporation

2 of the corporation.

3 ‘‘(b) OFFICERS.—The officers of the corporation, and

4 the election of the officers of the corporation, are as provided

5 in the articles of incorporation.

6 ‘‘§ 120105. Powers

7 ‘‘The corporation has only the powers provided in its

8 bylaws and articles of incorporation filed in each State in

9 which it is incorporated.

10 ‘‘§ 120106. Restrictions

11 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may

12 not issue stock or declare or pay a dividend.

13 ‘‘(b) POLITICAL ACTIVITIES.—The corporation, or a

14 director or officer of the corporation as such, may not con15 tribute to, support, or participate in any political activity

16 or in any manner attempt to influence legislation.

17 ‘‘(c) LOAN.—The corporation may not make a loan to

18 a director, officer, or employee of the corporation.

19 ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU20 THORITY.—The corporation may not claim congressional

21 approval, or the authority of the United States, for any of

22 its activities.
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1 ‘‘§ 120107. Duty to maintain corporate and tax-exempt

2 status

3 ‘‘(a) CORPORATE STATUS.—The corporation shall

4 maintain its status as a corporation incorporated under

5 the laws of the State of New York.

6 ‘‘(b) TAX-EXEMPT STATUS.—The corporation shall

7 maintain its status as an organization exempt from tax8 ation under the Internal Revenue Code of 1986 (26 U.S.C.

9 1 et seq.).

10 ‘‘§ 120108. Records and inspection

11 ‘‘(a) RECORDS.—The corporation shall keep—

12 ‘‘(1) correct and complete records of account;

13 ‘‘(2) minutes of the proceedings of its members,

14 board of directors, and committees having any of the

15 authority of its board of directors; and

16 ‘‘(3) at its principal office, a record of the names

17 and addresses of its members entitled to vote on mat18 ters relating to the corporation.

19 ‘‘(b) INSPECTION.—A member entitled to vote on mat20 ters relating to the corporation, or an agent or attorney

21 of the member, may inspect the records of the corporation

22 for any proper purpose, at any reasonable time.

23 ‘‘§ 120109. Service of process

24 ‘‘The corporation shall have a designated agent in the

25 District of Columbia to receive service of process for the cor-
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1 poration. Notice to or service on the agent is notice to or

2 service on the Corporation.

3 ‘‘§ 120110. Liability for acts of officers and agents

4 ‘‘The corporation is liable for the acts of its officers

5 and agents acting within the scope of their authority.

6 ‘‘§ 120111. Annual report

7 ‘‘The corporation shall submit an annual report to

8 Congress on the activities of the corporation during the pre9 ceding fiscal year. The report shall be submitted at the same

10 time as the report of the audit required by section 10101

11 of this title. The report may not be printed as a public docu12 ment.’’.

13 (b) CLERICAL AMENDMENT.—The table of chapters at

14 the beginning of subtitle II of title 36, United States Code,

15 is amended by striking the item relating to chapter 1201

16 and inserting the following new item:

‘‘1201. Korean War Veterans Association, Incorporated ..............................120101’’.

17 SEC. 1075. COORDINATION OF USERRA WITH THE INTERNAL

18 REVENUE CODE OF 1986.

19 (a) FINDINGS.—Congress makes the following findings:

20 (1) Employers of reservists called up for active

21 duty are required to treat them as if they are on a

22 leave of absence or furlough under the Uniformed

23 Services Employment and Reemployment Rights Act

24 of 1994 (in this section referred to as ‘‘USERRA’’).
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1 (2) USERRA does not require employers to pay

2 reservists who are on active duty, but many employ3 ers pay the reservists the difference between their

4 military stipends and their regular salaries. Some

5 employers provide this ‘‘differential pay’’ for up to 3

6 years.

7 (3) For employee convenience, many of these em8 ployers also allow deductions from the differential

9 payments for contributions to employer-provided re10 tirement savings plans.

11 (b) SENSE OF THE SENATE.—It is the sense of the Sen12 ate that the Internal Revenue Service should, to the extent

13 it is able within its authority, provide guidance consistent

14 with the goal of promoting and ensuring the validity of vol15 untary differential pay arrangements, benefits payments,

16 and contributions to retirement savings plans related there17 to.

18 SEC. 1076. AERIAL FIREFIGHTING EQUIPMENT.

19 (a) FINDINGS.—Congress makes the following findings:

20 (1) The National Interagency Fire Center does

21 not possess an adequate number of aircraft for use in

22 aerial firefighting and personnel at the Center rely on

23 military aircraft to provide such firefighting services.

24 (2) It is in the national security interest of the

25 United States for the National Interagency Fire Cen-
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1 ter to purchase aircraft for use in aerial firefighting

2 so that military aircraft used for aerial firefighting

3 may be available for use by the Armed Forces.

4 (b) AUTHORITY TO PURCHASE AERIAL FIREFIGHTING

5 EQUIPMENT.—(1) The Secretary of Agriculture is author6 ized to purchase 10 aircraft, as described in paragraph (2),

7 for the National Interagency Fire Center for use in aerial

8 firefighting.

9 (2) The aircraft referred to in paragraph (1) shall be—

10 (A) aircraft that are specifically designed and

11 built for aerial firefighting;

12 (B) certified by the Administrator of the Federal

13 Aviation Administration for use in aerial fire14 fighting; and

15 (C) manufactured in a manner that is consistent

16 with the recommendations for aircraft used in aerial

17 firefighting contained in—

18 (i) the Blue Ribbon Panel Report to the

19 Chief of the Forest Service and the Director of

20 the Bureau of Land Management dated Decem21 ber 2002; and

22 (ii) the Safety Recommendation of the

23 Chairman of the National Transportation Safety

24 Board related to aircraft used in aerial fire25 fighting dated April 23, 2004.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to the Secretary of Agri3 culture for fiscal year 2005 such funds as may be necessary

4 to purchase the 10 aircraft described in subsection (b).

5 SEC. 1077. SENSE OF SENATE ON AMERICAN FORCES RADIO

6 AND TELEVISION SERVICE.

7 (a) FINDINGS.—The Senate makes the following find8 ings:

9 (1) It is the mission of the American Forces

10 Radio and Television Service to provide United

11 States military commanders overseas and at sea with

12 a broadcast media resource to effectively communicate

13 Department of Defense, Service-unique, theater, and

14 local command information to personnel under their

15 commands and to provide United States military

16 members, Department of Defense civilians, and their

17 families stationed outside the continental United

18 States and at sea with the same type and quality of

19 American radio and television news, information,

20 sports, and entertainment that would be available to

21 them if they were in the continental United States.

22 (2) Key principles of American Forces Radio

23 and Television Service broadcasting policy, as out24 lined in Department of Defense Regulation 5120.20R,

25 are to ensure political programming characterized by
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1 fairness and balance and to provide a free flow of po2 litical programming from United States commercial

3 and public networks without manipulation or censor4 ship of any news content to the men and women of

5 the Armed Forces and their dependents.

6 (3) The stated policy of the American Forces

7 Radio and Television Service is to select program8 ming that represents a cross-section of popular Amer9 ican radio and television offerings and to emulate

10 stateside scheduling and programming seen and heard

11 in the United States.

12 (4) It is the policy of American Forces Radio

13 and Television Service to select news and public af14 fairs programs for airing that provide balance and

15 diversity from available nationally recognized pro16 gram sources, including broadcast and cable networks,

17 Headquarters, American Forces Radio and Television

18 Service, the military departments, and other govern19 ment or public service agencies.

20 (b) SENSE OF THE SENATE.—It is the sense of the Sen21 ate that the mission statement and policies of the American

22 Forces Radio and Television Service appropriately state the

23 goal of maintaining equal opportunity balance with respect

24 to political programming and that the Secretary of Defense

25 should therefore ensure that these policies are fully being
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1 implemented by developing appropriate methods of over2 sight to ensure presentation of all sides of important public

3 questions with the fairness and balance envisioned by the

4 Department of Defense throughout the American Forces

5 Radio and Television Service system.

6 SEC. 1078. SENSE OF CONGRESS ON AMERICA’S NATIONAL

7 WORLD WAR I MUSEUM.

8 (a) FINDINGS.—Congress makes the following findings:

9 (1) The Liberty Memorial Museum in Kansas

10 City, Missouri, was built in 1926 in honor of those

11 individuals who served in World War I in defense of

12 liberty and the Nation.

13 (2) The Liberty Memorial Association, a non14 profit organization which originally built the Liberty

15 Memorial Museum, is responsible for the finances, op16 erations, and collections management of the Liberty

17 Memorial Museum.

18 (3) The Liberty Memorial Museum is the only

19 public museum in the Nation that exists for the exclu20 sive purpose of interpreting the experiences of the

21 United States and its allies in the World War I years

22 (1914–1918), both on the battlefield and on the home

23 front.

24 (4) The Liberty Memorial Museum project began

25 after the 1918 Armistice through the efforts of a large-
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1 scale, grass-roots civic and fundraising effort by the

2 citizens and veterans of the Kansas City metropolitan

3 area. After the conclusion of a national architectural

4 design competition, ground was broken in 1921, con5 struction began in 1923, and the Liberty Memorial

6 Museum was opened to the public in 1926.

7 (5) In 1994, the Liberty Memorial Museum

8 closed for a massive restoration and expansion

9 project. The restored museum reopened to the public

10 on Memorial Day, 2002, during a gala rededication

11 ceremony.

12 (6) Exhibits prepared for the original museum

13 buildings presaged the dramatic, underground expan14 sion of core exhibition gallery space, with over 30,000

15 square feet of new interpretive and educational exhib16 its currently in development. The new exhibits, along

17 with an expanded research library and archives, will

18 more fully utilize the many thousands of historical

19 objects, books, maps, posters, photographs, diaries, let20 ters, and reminiscences of World War I participants

21 that are preserved for posterity in the Liberty Memo22 rial Museum’s collections. The new core exhibition is

23 scheduled to open on Veterans Day, 2006.

24 (7) The City of Kansas City, the State of Mis25 souri, and thousands of private donors and philan-
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1 thropic foundations have contributed millions of dol2 lars to build and later to restore this national treas3 ure. The Liberty Memorial Museum continues to re4 ceive the strong support of residents from the States

5 of Missouri and Kansas and across the Nation.

6 (8) Since the restoration and rededication of

7 2002, the Liberty Memorial Museum has attracted

8 thousands of visitors from across the United States

9 and many foreign countries.

10 (9) There remains a need to preserve in a mu11 seum setting evidence of the honor, courage, patriot12 ism, and sacrifice of those Americans who offered

13 their services and who gave their lives in defense of

14 liberty during World War I, evidence of the roles of

15 women and African Americans during World War I,

16 and evidence of other relevant subjects.

17 (10) The Liberty Memorial Museum seeks to edu18 cate a diverse group of audiences through its com19 prehensive collection of historical materials, empha20 sizing eyewitness accounts of the participants on the

21 battlefield and the home front and the impact of

22 World War I on individuals, then and now. The Lib23 erty Memorial Museum continues to actively acquire

24 and preserve such materials.
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1 (11) A great opportunity exists to use the invalu2 able resources of the Liberty Memorial Museum to

3 teach the ‘‘Lessons of Liberty’’ to the Nation’s school4 children through on-site visits, classroom curriculum

5 development, distance learning, and other educational

6 initiatives.

7 (12) The Liberty Memorial Museum should al8 ways be the Nation’s museum of the national experi9 ence in the World War I years (1914–1918), where

10 people go to learn about this critical period and

11 where the Nation’s history of this monumental strug12 gle will be preserved so that generations of the 21st

13 century may understand the role played by the

14 United States in the preservation and advancement of

15 democracy, freedom, and liberty in the early 20th cen16 tury.

17 (13) This initiative to recognize and preserve the

18 history of the Nation’s sacrifices in World War I will

19 take on added significance as the Nation approaches

20 the centennial observance of this event.

21 (14) It is fitting and proper to refer to the Lib22 erty Memorial Museum as ‘‘America’s National World

23 War I Museum’’.

24 (b) SENSE OF CONGRESS.—Congress—
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1 (1) recognizes the Liberty Memorial Museum in

2 Kansas City, Missouri, including the museum’s future

3 and expanded exhibits, collections, library, archives,

4 and educational programs, as ‘‘America’s National

5 World War I Museum’’;

6 (2) recognizes that the continuing collection,

7 preservation, and interpretation of the historical ob8 jects and other historical materials held by the Lib9 erty Memorial Museum enhance the knowledge and

10 understanding of the Nation’s people of the American

11 and allied experience during the World War I years

12 (1914–1918), both on the battlefield and on the home

13 front;

14 (3) commends the ongoing development and visi15 bility of ‘‘Lessons of Liberty’’ educational outreach

16 programs for teachers and students throughout the

17 Nation; and

18 (4) encourages the need for present generations to

19 understand the magnitude of World War I, how it

20 shaped the Nation, other countries, and later world

21 events, and how the sacrifices made then helped pre22 serve liberty, democracy, and other founding prin23 ciples for generations to come.
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1 SEC. 1079. REDUCTION OF BARRIERS FOR HISPANIC-SERV2 ING INSTITUTIONS IN DEFENSE CONTRACTS,

3 DEFENSE RESEARCH PROGRAMS, AND OTHER

4 MINORITY-RELATED DEFENSE PROGRAMS.

5 Section 502(a)(5)(C) of the Higher Education Act of

6 1965 (20 U.S.C. 1101a(a)(5)(C)) is amended by inserting

7 before the period the following: ‘‘, which assurances—

8 ‘‘(i) may employ statistical extrapo9 lation using appropriate data from the Bu10 reau of the Census or other appropriate

11 Federal or State sources; and

12 ‘‘(ii) the Secretary shall consider as

13 meeting the requirements of this subpara14 graph, unless the Secretary determines,

15 based on a preponderance of the evidence,

16 that the assurances do not meet the require17 ments’’.

18 SEC. 1080. EXTENSION OF SCOPE AND JURISDICTION FOR

19 CURRENT FRAUD OFFENSES.

20 (a) STATEMENTS OR ENTRIES GENERALLY.—Section

21 1001 of title 18, United States Code, is amended by adding

22 at the end the following:

23 ‘‘(d) JURISDICTION.—There is extraterritorial Federal

24 jurisdiction over an offense under this section.

25 ‘‘(e) PROSECUTION.—A prosecution for an offense

26 under this section may be brought—
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1 ‘‘(1) in accordance with chapter 211 of this title;

2 or

3 ‘‘(2) in any district where any act in further4 ance of the offense took place.’’.

5 (b) MAJOR FRAUD AGAINST THE UNITED STATES.—

6 Section 1031 of title 18, United States Code, is amended

7 by adding at the end the following:

8 ‘‘(i) JURISDICTION.—There is extraterritorial Federal

9 jurisdiction over an offense under this section.

10 ‘‘(j) PROSECUTION.—A prosecution for an offense

11 under this section may be brought—

12 ‘‘(1) in accordance with chapter 211 of this title;

13 ‘‘(2) in any district where any act in further14 ance of the offense took place; or

15 ‘‘(3) in any district where any party to the con16 tract or provider of goods or services is located.’’.

17 SEC. 1081. CONTRACTOR ACCOUNTABILITY.

18 Section 3267(1)(A) of title 18, United States Code, is

19 amended to read as follows:

20 ‘‘(A) employed as—

21 ‘‘(i) a civilian employee of—

22 ‘‘(I) the Department of Defense

23 (including a nonappropriated fund in24 strumentality of the Department); or
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1 ‘‘(II) any other Federal agency, or

2 any provisional authority, to the extent

3 such employment relates to supporting

4 the mission of the Department of De5 fense overseas;

6 ‘‘(ii) a contractor (including a subcon7 tractor at any tier) of—

8 ‘‘(I) the Department of Defense

9 (including a nonappropriated fund in10 strumentality of the Department); or

11 ‘‘(II) any other Federal agency, or

12 any provisional authority, to the extent

13 such employment relates to supporting

14 the mission of the Department of De15 fense overseas; or

16 ‘‘(iii) an employee of a contractor (or

17 subcontractor at any tier) of—

18 ‘‘(I) the Department of Defense

19 (including a nonappropriated fund in20 strumentality of the Department); or

21 ‘‘(II) any other Federal agency, or

22 any provisional authority, to the extent

23 such employment relates to supporting

24 the mission of the Department of De25 fense overseas;’’.
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1 SEC. 1082. DEFINITION OF UNITED STATES.

2 Section 2340(3) of title 18, United States Code, is

3 amended to read as follows:

4 ‘‘(3) ‘United States’ means the several States of

5 the United States, the District of Columbia, and the

6 commonwealths, territories, and possessions of the

7 United States.’’.

8 SEC. 1083. MENTOR-PROTEGE PILOT PROGRAM.

9 Section 831(m)(2) of the National Defense Authoriza10 tion Act for Fiscal Year 1991 (Public Law 101–510; 10

11 U.S.C. 2302 note) is amended—

12 (1) in subparagraph (D), by striking ‘‘or’’ at the

13 end;

14 (2) in subparagraph (E), by striking the period

15 at the end and inserting a semicolon; and

16 (3) by adding at the end the following:

17 ‘‘(F) a small business concern owned and

18 controlled by service–disabled veterans (as de19 fined in section 8(d)(3) of the Small Business

20 Act); and

21 ‘‘(G) a qualified HUBZone small business

22 concern (as defined in section 3(p) of the Small

23 Business Act).’’.
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1 SEC. 1084. BROADCAST DECENCY ENFORCEMENT ACT OF

2 2004.

3 (a) SHORT TITLE.—This section may be cited as the

4 ‘‘Broadcast Decency Enforcement Act of 2004’’.

5 (b) PURPOSE.—The purpose of this section is to in6 crease the Federal Communications Commission’s (FCC)

7 authority to fine for indecent broadcasts and prevent fur8 ther relaxation of the media ownership rules in order to

9 stem the rise of indecent programming.

10 (c) FINDINGS.—The Congress makes the following find11 ings:

12 (1) Since 1996 there has been significant consoli13 dation in the media industry, including:

14 (A) RADIO.—Clear Channel Communica15 tions went from owning 43 radio stations prior

16 to 1996 to over 1,200 as of January 2003; Cu17 mulus Broadcasting, Inc. was established in

18 1997 and owned 266 stations as of December

19 2003, making it the second-largest radio owner20 ship company in the country; and Infinity

21 Broadcasting Corporation went from owning 43

22 radio stations prior to 1996 to over 185 stations

23 as of June 2004;

24 (B) TELEVISION.—Viacom/CBS’s national

25 ownership of television stations increased from

26 31.53 percent of United States television house-
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1 holds prior to 1996 to 38.9 percent in 2004; GE/

2 NBC’s national ownership of television stations

3 increased from 24.65 percent prior to 1996 to

4 33.56 percent in 2004; News Corp./Fox’s na5 tional ownership of television stations increased

6 from 22.05 percent prior to 1996 to 37.7 percent

7 in 2004;

8 (C) MEDIA MERGERS.—In 2000, Viacom

9 merged with CBS and UPN; in 2002, GE/NBC

10 merged with Telemundo Communications, Inc.

11 and in 2004 with Vivendi Universal Entertain12 ment; in 2003 News Corp./Fox acquired a con13 trolling interest in DirecTV; in 2000, Time War14 ner, Inc. merged with America Online.

15 (2) Over the same period that there has been sig16 nificant consolidation in the media industry, the

17 number of indecency complaints also has increased

18 dramatically. The largest owners of television and

19 radio broadcast holdings have received the greatest

20 number of indecency complaints and the largest fines,

21 including:

22 (A) Over 80 percent of the fines proposed by

23 the Federal Communications Commission for in24 decent broadcasts were against stations owned by

25 two of the top three radio companies. The top
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1 radio company alone accounts for over two2 thirds of the fines proposed by the FCC;

3 (B) Two of the largest fines proposed by the

4 FCC were against two of the top three radio

5 companies;

6 (C) In 2004, the FCC received over 500,000

7 indecency complaints in response to the Super8 bowl Halftime show aired on CBS and produced

9 by MTV, both of which are owned by Viacom.

10 This is the largest number of complaints ever re11 ceived by the FCC for a single broadcast;

12 (D) The number of indecency complaints

13 increased from 111 in 2000 to 240,350 in 2003;

14 (3) Media conglomerates do not consider or re15 flect local community standards.

16 (A) The FCC has no record of a television

17 station owned by one of the big four networks

18 (Viacom/CBS, Disney/ABC, News Corp./Fox or

19 GE/NBC) pre-empting national programming

20 for failing to meet community standards;

21 (B) FCC records show that non-network

22 owned stations have often rejected national net23 work programming found to be indecent and of24 fensive to local community standards;
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1 (C) A letter from an owned and operated

2 station manager to a viewer stated that pro3 gramming decisions are made by network head4 quarters and not the local owned and operated

5 television station management;

6 (D) The Parents Television Council has

7 found that the ‘‘losers’’ of network ownership

8 ‘‘are the local communities whose standards of

9 decency are being ignored;’’

10 (4) The Senate Commerce Committee has found

11 that the current fines do not deter indecent broadcast

12 because they are merely the cost of doing business for

13 large media companies. Therefore, in order to prevent

14 the continued rise of indecency violations, the FCC’s

15 authority for indecency fines should be increased and

16 further media consolidation should be prevented.

17 (d) INCREASE IN PENALTIES FOR OBSCENE, INDE18 CENT, AND PROFANE BROADCAST.—Section 503(b)(2) of the

19 Communications Act of 1934 (47 U.S.C. 503(b)(2)) is

20 amended.—

21 (1) by redesignating subparagraphs (C) and (D)

22 as subparagraphs (D) and (E), respectively;

23 (2) by inserting after subparagraph (B) the fol24 lowing new subparagraph:
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1 ‘‘(C) Notwithstanding subparagraph (A), if the

2 violator is—

3 ‘‘(i)(I) a broadcast station licensee or per4 mittee; or

5 ‘‘(II) an applicant for any broadcast li6 cense, permit, certificate, or other instrument or

7 authorization issued by the Commission; and

8 ‘‘(ii) determined by the Commission under

9 paragraph (1) to have broadcast obscene, inde10 cent, or profane language, the amount of any

11 forfeiture penalty determined under this sub12 section shall not exceed $275,000 for each viola13 tion or each day of a continuing violation, ex14 cept that the amount assessed for any continuing

15 violation shall not exceed a total of $3,000,000

16 for any single act or failure to act.’’; and

17 (3) in subparagraph (D), as redesignated by

18 paragraph (1), by striking ‘‘subparagraph (A) or

19 (B)’’ and inserting ‘‘subparagraph (A), (B), or (C)’’.

20 (e) NEW BROADCAST MEDIA OWNERSHIP RULES SUS21 PENDED.—

22 (1) SUSPENSION.—Subject to the provisions of

23 paragraphs(d)(2), the broadcast media ownership

24 rules adopted by the Federal Communications Com25 mission on June 2, 2003, pursuant to its proceeding
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1 on broadcast media ownership rules, Report and

2 Order FCC–03–127, published at 68 FR 46286, Au3 gust 5, 2003, shall be invalid and without legal effect.

4 (2) CLARIFICATION.—The provisions of para5 graph (1) shall not supersede the amendments made

6 by section 629 of the Miscellaneous Appropriations

7 and Offsets Act, 2004 (Public Law 108–199).

8 (f) ADDITIONAL FACTORS IN INDECENCY PENALTIES;

9 EXCEPTION.—Section 503(b)(2) of the Communications Act

10 of 1934 (47 U.S.C. 503(b)(2)), is further amended by add11 ing at the end the following:

12 ‘‘(F) In the case of a violation in which the violator

13 is determined by the Commission under paragraph (1) to

14 have uttered obscene, indecent, or profane material, the

15 Commission shall take into account, in addition to the mat16 ters described in subparagraph (E), the following factors

17 with respect to the degree of culpability of the violator:

18 ‘‘(i) Whether the material uttered by the violator

19 was live or recorded, scripted or unscripted.

20 ‘‘(ii) Whether the violator had a reasonable op21 portunity to review recorded or scripted programming

22 or had a reasonable basis to believe live or unscripted

23 programming would contain obscene, indecent, or

24 profane material.
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1 ‘‘(iii) If the violator originated live or unscripted

2 programming, whether a time delay blocking mecha3 nism was implemented for the programming.

4 ‘‘(iv) The size of the viewing or listening audi5 ence of the programming.

6 ‘‘(v) Whether the obscene incident or profane lan7 guage was within live programming not produced by

8 the station licensee or permitee.

9 ‘‘(vi) The size of the market.

10 ‘‘(vii) Whether the violation occurred during a

11 children’s television program (as such term is used in

12 the Children’s Television Programming Policy ref13 erenced in section 73.4050(c) of the Commission’s reg14 ulations (47 C.F.R. 73.4050(c)) or during a television

15 program rated TVY, TVY7, TVY7FV, or TVG under

16 the TV Parental Guidelines as such ratings were ap17 proved by the Commission in implementation of sec18 tion 551 of the Telecommunications Act of 1996,

19 Video Programming Ratings, Report and Order, CS

20 Docket No. 97-55, 13 F.C.C. Rcd. 8232 (1998)), and,

21 with respect to a radio broadcast station licensee, per22 mittee, or applicant, whether the target audience was

23 primarily comprised of, or should reasonably have

24 been expected to be primarily comprised of, children.’’
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1 ‘‘(G) The Commission may double the amount of any

2 forfeiture penalty (not to exceed $550,000 for the first viola3 tion, $750,000 for the second violation, and $1,000,000 for

4 the third or any subsequent violation not to exceed up to

5 $3,000,000 for all violations in a 24-hour time period not6 withstanding section 503(b)(2)(C)) if the Commission deter7 mines additional factors are present which are aggravating

8 in nature, including—

9 ‘‘(i) whether the material uttered by the violator

10 was recorded or scripted;

11 ‘‘(ii) whether the violator had a reasonable op12 portunity to review recorded or scripted programming

13 or had a reasonable basis to believe live or unscripted

14 programming would contain obscene, indecent, or

15 profane material;

16 ‘‘(iii) whether the violator failed to block live or

17 unscripted programming;

18 ‘‘(iv) whether the size of the viewing or listening

19 audience of the programming was substantially larger

20 than usual, such as a national or international cham21 pionship sporting event or awards program; and

22 ‘‘(v) whether the violation occured during a chil23 dren’s television program (as defined in subpara24 graph (F) (vii)).’’
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1 SEC. 1085. CHILDREN’S PROTECTION FROM VIOLENT PRO2 GRAMMING ACT.

3 (a) SHORT TITLE.—This section may be cited as the

4 ‘‘Children’s Protection from Violent Programming Act’’.

5 (b) FINDINGS.—The Congress makes the following

6 findings:

7 (1) Television influences children’s perception of

8 the values and behavior that are common and accept9 able in society.

10 (2) Broadcast television, cable television, and

11 video programming are—

12 (A) uniquely pervasive presences in the lives

13 of all American children; and

14 (B) readily accessible to all American chil15 dren.

16 (3) Violent video programming influences chil17 dren, as does indecent programming.

18 (4) There is empirical evidence that children ex19 posed to violent video programming at a young age

20 have a higher tendency to engage in violent and ag21 gressive behavior later in life than those children not

22 so exposed.

23 (5) There is empirical evidence that children ex24 posed to violent video programming have a greater

25 tendency to assume that acts of violence are accept26 able behavior and therefore to imitate such behavior.
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1 (6) There is empirical evidence that children ex2 posed to violent video programming have an in3 creased fear of becoming a victim of violence, result4 ing in increased self-protective behaviors and in5 creased mistrust of others.

6 (7) There is a compelling governmental interest

7 in limiting the negative influences of violent video

8 programming on children.

9 (8) There is a compelling governmental interest

10 in channeling programming with violent content to

11 periods of the day when children are not likely to

12 comprise a substantial portion of the television audi13 ence.

14 (9) A significant amount of violent program15 ming that is readily accessible to minors remains

16 unrated specifically for violence and therefore cannot

17 be blocked solely on the basis of its violent content.

18 (10) Age-based ratings that do not include con19 tent rating for violence do not allow parents to block

20 programming based solely on violent content thereby

21 rendering ineffective any technology-based blocking

22 mechanism designed to limit violent video program23 ming.

24 (11) The most recent study of the television rat25 ings system by the Kaiser Family Foundation con-
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1 cludes that 79 percent of violent programming is not

2 specifically rated for violence.

3 (12) Technology-based solutions, such as the V4 chip, may be helpful in protecting some children, but

5 cannot achieve the compelling governmental interest

6 in protecting all children from violent programming

7 when parents are only able to block programming

8 that has, in fact, been rated for violence.

9 (13) Restricting the hours when violent program10 ming can be shown protects the interests of children

11 whose parents are unavailable, unable to supervise

12 their children’s viewing behavior, do not have the ben13 efit of technology-based solutions, are unable to afford

14 the costs of technology-based solutions, or are unable

15 to determine the content of those shows that are only

16 subject to age-based ratings.

17 (14) After further study, pursuant to a rule18 making, the Federal Communications Commission

19 may conclude that content-based ratings and blocking

20 technology do not effectively protect children from the

21 harm of violent video programming.

22 (15) If the Federal Communications Commission

23 reaches the conclusion described in paragraph (14),

24 the channeling of violent video programming will be

25 the least restrictive means of limiting the exposure of
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1 children to the harmful influences of violent video

2 programming.

3 SEC. 1086. ASSESSMENT OF EFFECTIVENESS OF CURRENT

4 RATING SYSTEM FOR VIOLENCE AND EFFEC5 TIVENESS OF V-CHIP IN BLOCKING VIOLENT

6 PROGRAMMING.

7 (a) REPORT.—The Federal Communications Commis8 sion shall—

9 (1) assess the effectiveness of measures to require

10 television broadcasters and multichannel video pro11 gramming distributors (as defined in section 602(13)

12 of the Communications Act of 1934 (47 U.S.C.

13 522(13)) to rate and encode programming that could

14 be blocked by parents using the V-chip undertaken

15 under section 715 of the Communications Act of 1934

16 (47 U.S.C. 715) and under subsections (w) and (x) of

17 section 303 of that Act (47 U.S.C. 303(w) and (x))

18 in accomplishing the purposes for which they were en19 acted; and

20 (2) report its findings to the Committee on Com21 merce, Science, and Transportation of the United

22 States Senate and the Committee on Energy and

23 Commerce of the United States House of Representa24 tives, within 12 months after the date of enactment of

25 this Act, and annually thereafter.
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1 (b) ACTION.—If the Commission finds at any time, as

2 a result of its ongoing assessment under subsection (a), that

3 the measures referred to in subsection (a)(1) are insuffi4 ciently effective, then the Commission shall complete a rule5 making within 270 days after the date on which the Com6 mission makes that finding to prohibit the distribution of

7 violent video programming during the hours when children

8 are reasonably likely to comprise a substantial portion of

9 the audience.

10 (c) DEFINITIONS.—Any term used in this section that

11 is defined in section 715 of the Communications Act of 1934

12 (47 U.S.C. 715), or in regulations under that section, has

13 the same meaning as when used in that section or in those

14 regulations.

15 SEC. 1087. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO

16 PROGRAMMING THAT IS NOT SPECIFICALLY

17 RATED FOR VIOLENCE AND THEREFORE IS

18 NOT BLOCKABLE.

19 Title VII of the Communications Act of 1934 (47

20 U.S.C. 701 et seq.) is amended by adding at the end the

21 following:
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1 ‘‘SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO

2 PROGRAMMING NOT SPECIFICALLY

3 BLOCKABLE BY ELECTRONIC MEANS.

4 ‘‘(a) UNLAWFUL DISTRIBUTION.—It shall be unlawful

5 for any person to distribute to the public any violent video

6 programming not blockable by electronic means specifically

7 on the basis of its violent content during hours when chil8 dren are reasonably likely to comprise a substantial portion

9 of the audience.

10 ‘‘(b) RULEMAKING PROCEEDING.—The Commission

11 shall conduct a rulemaking proceeding to implement the

12 provisions of this section and shall promulgate final regula13 tions pursuant to that proceeding not later than 9 months

14 after the date of enactment of the Children’s Protection from

15 Violent Programming Act. As part of that proceeding, the

16 Commission—

17 ‘‘(1) may exempt from the prohibition under

18 subsection (a) programming (including news pro19 grams and sporting events) whose distribution does

20 not conflict with the objective of protecting children

21 from the negative influences of violent video program22 ming, as that objective is reflected in the findings in

23 section 551(a) of the Telecommunications Act of 1996;

24 ‘‘(2) shall exempt premium and pay-per-view

25 cable programming and premium and pay-per-view

26 direct-to-home satellite programming; and
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1 ‘‘(3) shall define the term ‘hours when children

2 are reasonably likely to comprise a substantial por3 tion of the audience’ and the term ‘violent video pro4 gramming’.

5 ‘‘(c) ENFORCEMENT.—

6 ‘‘(1) FORFEITURE PENALTY.—The forfeiture pen7 alties established by section 503(b) for violations of

8 section 1464 of title 18, United States Code, shall

9 apply to a violation of this section, or any regulation

10 promulgated under it in the same manner as if a vio11 lation of this section, or such a regulation, were a vio12 lation of law subject to a forfeiture penalty under that

13 section.

14 ‘‘(2) LICENSE REVOCATION.—If a person repeat15 edly violates this section or any regulation promul16 gated under this section, the Commission shall, after

17 notice and opportunity for hearing, revoke any license

18 issued to that person under this Act.

19 ‘‘(3) LICENSE RENEWALS.—The Commission

20 shall consider, among the elements in its review of an

21 application for renewal of a license under this Act,

22 whether the licensee has complied with this section

23 and the regulations promulgated under this section.

24 ‘‘(d) DEFINITIONS.—For purposes of this section—
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1 ‘‘(1) BLOCKABLE BY ELECTRONIC MEANS.—The

2 term ‘blockable by electronic means’ means blockable

3 by the feature described in section 303(x).

4 ‘‘(2) DISTRIBUTE.—The term ‘distribute’ means

5 to send, transmit, retransmit, telecast, broadcast, or

6 cablecast, including by wire, microwave, or satellite,

7 but it does not include the transmission, retrans8 mission, or receipt of any voice, data, graphics, or

9 video telecommunications accessed through an inter10 active computer service as defined in section 230(f)(2)

11 of the Communications Act of 1934 (47 U.S.C.

12 230(f)(2)), which is not originated or transmitted in

13 the ordinary course of business by a television broad14 cast station or multichannel video programming dis15 tributor as defined in section 602(13) of that Act (47

16 U.S.C. 522(13)).

17 ‘‘(3) VIOLENT VIDEO PROGRAMMING.—The term

18 ‘violent video programming’ as defined by the Com19 mission may include matter that is excessive or gra20 tuitous violence within the meaning of the 1992

21 Broadcast Standards for the Depiction of Violence in

22 Television Programs, December 1992.’’.

23 SEC. 1088. SEPARABILITY.

24 If any provision of this title, or any provision of an

25 amendment made by this title, or the application thereof
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1 to particular persons or circumstances, is found to be un2 constitutional, the remainder of this title or that amend3 ment, or the application thereof to other persons or cir4 cumstances shall not be affected.

5 SEC. 1089. EFFECTIVE DATE.

6 The prohibition contained in section 715 of the Com7 munications Act of 1934 (as added by section 204 of this

8 title) and the regulations promulgated thereunder shall take

9 effect 1 year after the regulations are adopted by the Com10 mission.

11 SEC. 1090. PILOT PROGRAM ON CRYPTOLOGIC SERVICE

12 TRAINING.

13 (a) PROGRAM AUTHORIZED.—The Director of the Na14 tional Security Agency may carry out a pilot program on

15 cryptologic service training for the intelligence community.

16 (b) OBJECTIVE OF PROGRAM.—The objective of the

17 pilot program is to increase the number of qualified entry18 level language analysts and intelligence analysts available

19 to the National Security Agency and the other elements of

20 the intelligence community through the directed prepara21 tion and recruitment of qualified entry-level language ana22 lysts and intelligence analysts who commit to a period of

23 service or a career in the intelligence community.

24 (c) PROGRAM SCOPE.—The pilot program shall be na25 tional in scope.
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1 (d) PROGRAM PARTICIPANTS.—(1) Subject to the pro2 visions of this subsection, the Director shall select the par3 ticipants in the pilot program from among individuals

4 qualified to participate in the pilot program utilizing such

5 procedures as the Director considers appropriate for pur6 poses of the pilot program.

7 (2) Each individual who receives financial assistance

8 under the pilot program shall perform one year of obligated

9 service with the National Security Agency, or another ele10 ment of the intelligence community approved by the Direc11 tor, for each academic year for which such individual re12 ceives such financial assistance upon such individual’s com13 pletion of post-secondary education.

14 (3) Each individual selected to participate in the pilot

15 program shall be qualified for a security clearance appro16 priate for the individual under the pilot program.

17 (4) The total number of participants in the pilot pro18 gram at any one time may not exceed 400 individuals.

19 (e) PROGRAM MANAGEMENT.—In carrying out the

20 pilot program, the Director shall—

21 (1) identify individuals interested in working in

22 the intelligence community, and committed to taking

23 college-level courses that will better prepare them for

24 a career in the intelligence community as a language

25 analysts or intelligence analyst;
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1 (2) provide each individual selected for partici2 pation in the pilot program—

3 (A) financial assistance for the pursuit of

4 courses at institutions of higher education se5 lected by the Director in fields of study that will

6 qualify such individual for employment by an

7 element of the intelligence community as a lan8 guage analyst or intelligence analyst; and

9 (B) educational counseling on the selection

10 of courses to be so pursued; and

11 (3) provide each individual so selected informa12 tion on the opportunities available for employment in

13 the intelligence community.

14 (f) DURATION OF PROGRAM.—(1) The Director shall

15 terminate the pilot program not later than six years after

16 the date of the enactment of this Act.

17 (2) The termination of the pilot program under para18 graph (1) shall not prevent the Director from continuing

19 to provide assistance, counseling, and information under

20 subsection (e) to individuals who are participating in the

21 pilot program on the date of termination of the pilot pro22 gram throughout the academic year in progress as of that

23 date.
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1 SEC. 1091. ENERGY SAVINGS PERFORMANCE CONTRACTS.

2 (a) IN GENERAL.—Section 801(c) of the National En3 ergy Conservation Policy Act (42 U.S.C. 8287(c)) is amend4 ed by striking ‘‘2003’’ and inserting ‘‘2005’’.

5 (b) PAYMENT OF COSTS.—Section 802 of the National

6 Energy Conservation Policy Act (42 U.S.C. 8287a) is

7 amended by inserting ‘‘, water, or wastewater treatment’’

8 after ‘‘payment of energy’’.

9 (c) ENERGY SAVINGS.—Section 804(2) of the National

10 Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is

11 amended to read as follows:

12 ‘‘(2) The term ‘energy savings’ means a reduc13 tion in the cost of energy, water, or wastewater treat14 ment, from a base cost established through a method15 ology set forth in the contract, used in an existing

16 federally owned building or buildings or other feder17 ally owned facilities as a result of—

18 ‘‘(A) the lease or purchase of operating

19 equipment, improvements, altered operation and

20 maintenance, or technical services;

21 ‘‘(B) the increased efficient use of existing

22 energy sources by cogeneration or heat recovery,

23 excluding any cogeneration process for other

24 than a federally owned building or buildings or

25 other federally owned facilities; or
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1 ‘‘(C) the increased efficient use of existing

2 water sources in either interior or exterior appli3 cations.’’.

4 (d) ENERGY SAVINGS CONTRACT.—Section 804(3) of

5 the National Energy Conservation Policy Act (42 U.S.C.

6 8287c(3)) is amended to read as follows:

7 ‘‘(3) The terms ‘energy savings contract’ and ‘en8 ergy savings performance contract’ mean a contract

9 that provides for the performance of services for the

10 design, acquisition, installation, testing, and, where

11 appropriate, operation, maintenance, and repair, of

12 an identified energy or water conservation measure or

13 series of measures at 1 or more locations. Such con14 tracts shall, with respect to an agency facility that is

15 a public building (as such term is defined in section

16 3301 of title 40, United States Code), be in compli17 ance with the prospectus requirements and procedures

18 of section 3307 of title 40, United States Code.’’.

19 (e) ENERGY OR WATER CONSERVATION MEASURE.—

20 Section 804(4) of the National Energy Conservation Policy

21 Act (42 U.S.C. 8287c(4)) is amended to read as follows:

22 ‘‘(4) The term ‘energy or water conservation

23 measure’ means—

24 ‘‘(A) an energy conservation measure, as de25 fined in section 551; or
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1 ‘‘(B) a water conservation measure that im2 proves the efficiency of water use, is life-cycle

3 cost-effective, and involves water conservation,

4 water recycling or reuse, more efficient treatment

5 of wastewater or stormwater, improvements in

6 operation or maintenance efficiencies, retrofit ac7 tivities, or other related activities, not at a Fed8 eral hydroelectric facility.’’.

9 (f) REVIEW.—Not later than 180 days after the date

10 of the enactment of this Act, the Secretary of Energy shall

11 complete a review of the Energy Savings Performance Con12 tract program to identify statutory, regulatory, and admin13 istrative obstacles that prevent Federal agencies from fully

14 utilizing the program. In addition, this review shall iden15 tify all areas for increasing program flexibility and effec16 tiveness, including audit and measurement verification re17 quirements, accounting for energy use in determining sav18 ings, contracting requirements, including the identification

19 of additional qualified contractors, and energy efficiency

20 services covered. The Secretary shall report these findings

21 to Congress and shall implement identified administrative

22 and regulatory changes to increase program flexibility and

23 effectiveness to the extent that such changes are consistent

24 with statutory authority.
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1 (g) EXTENSION OF AUTHORITY.—Any energy savings

2 performance contract entered into under section 801 of the

3 National Energy Conservation Policy Act (42 U.S.C. 8287)

4 after October 1, 2003, and before the date of enactment of

5 this Act, shall be deemed to have been entered into pursuant

6 to such section 801 as amended by subsection (a) of this

7 section.

8 SEC. 1092. CLARIFICATION OF FISCAL YEAR 2004 FUNDING

9 LEVEL FOR A NATIONAL INSTITUTE OF

10 STANDARDS AND TECHNOLOGY ACCOUNT.

11 For the purposes of applying sections 204 and 605 of

12 the Departments of Commerce, Justice, and State, the Judi13 ciary, and Related Agencies Appropriations Act, 2004 (di14 vision B of Public Law 108–199) to matters in title II of

15 such Act under the heading ‘‘NATIONAL INSTITUTE OF

16 STANDARDS AND TECHNOLOGY’’ (118 Stat.69), in the ac17 count under the heading ‘‘INDUSTRIAL TECHNOLOGY SERV18 ICES’’, the Secretary of Commerce shall make all determina19 tions based on the Industrial Technology Services funding

20 level of $218,782,000 for reprogramming and transferring

21 of funds for the Manufacturing Extension Partnership pro22 gram and shall submit such a reprogramming or transfer,

23 as the case may be, to the appropriate committees within

24 30 days after the date of the enactment of this Act.
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1 SEC. 1093. REPORT ON OFFSET REQUIREMENTS UNDER

2 CERTAIN CONTRACTS.

3 Section 8138(b) of the Department of Defense Appro4 priations Act, 2004 (Public Law 108–87; 117 Stat. 1106;

5 10 U.S.C. 2532 note) is amended by adding at the end the

6 following new paragraph:

7 ‘‘(4) The extent to which any foreign country im8 poses, whether by law or practice, offsets in excess of

9 100 percent on United States suppliers of goods or

10 services, and the impact of such offsets with respect to

11 employment in the United States, sales revenue rel12 ative to the value of such offsets, technology transfer

13 of goods that are critical to the national security of

14 the United States, and global market share of United

15 States companies.’’.

16 TITLE XI—DEPARTMENT OF DE17 FENSE CIVILIAN PERSONNEL

18 POLICY

19 SEC. 1101. SCIENCE, MATHEMATICS, AND RESEARCH FOR

20 TRANSFORMATION (SMART) DEFENSE SCHOL21 ARSHIP PILOT PROGRAM.

22 (a) REQUIREMENT FOR PROGRAM.—(1) The Secretary

23 of Defense shall carry out a pilot program to provide finan24 cial assistance for education in science, mathematics, engi25 neering, and technology skills and disciplines that, as deter26 mined by the Secretary, are critical to the national security
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1 functions of the Department of Defense and are needed in

2 the Department of Defense workforce.

3 (2) The pilot program under this section shall be car4 ried out for three years beginning on October 1, 2004.

5 (b) SCHOLARSHIPS.—(1) Under the pilot program, the

6 Secretary of Defense may award a scholarship in accord7 ance with this section to a person who—

8 (A) is a citizen of the United States;

9 (B) is pursuing an undergraduate or advanced

10 degree in a critical skill or discipline described in

11 subsection (a) at an institution of higher education;

12 and

13 (C) enters into a service agreement with the Sec14 retary of Defense as described in subsection (c).

15 (2) The amount of the financial assistance provided

16 under a scholarship awarded to a person under this sub17 section shall be the amount determined by the Secretary of

18 Defense as being necessary to pay all educational expenses

19 incurred by that person, including tuition, fees, cost of

20 books, laboratory expenses, and expenses of room and board.

21 The expenses paid, however, shall be limited to those edu22 cational expenses normally incurred by students at the in23 stitution of higher education involved.
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1 (c) SERVICE AGREEMENT FOR RECIPIENTS OF ASSIST2 ANCE.—(1) To receive financial assistance under this

3 section—

4 (A) in the case of an employee of the Department

5 of Defense, the employee shall enter into a written

6 agreement to continue in the employment of the de7 partment for the period of obligated service deter8 mined under paragraph (2); and

9 (B) in the case of a person not an employee of

10 the Department of Defense, the person shall enter into

11 a written agreement to accept and continue employ12 ment in the Department of Defense for the period of

13 obligated service determined under paragraph (2).

14 (2) For the purposes of this subsection, the period of

15 obligated service for a recipient of a scholarship under this

16 section shall be the period determined by the Secretary of

17 Defense as being appropriate to obtain adequate service in

18 exchange for the financial assistance provided under the

19 scholarship. In no event may the period of service required

20 of a recipient be less than the total period of pursuit of

21 a degree that is covered by the scholarship. The period of

22 obligated service is in addition to any other period for

23 which the recipient is obligated to serve in the civil service

24 of the United States.
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1 (3) An agreement entered into under this subsection

2 by a person pursuing an academic degree shall include any

3 terms and conditions that the Secretary of Defense deter4 mines necessary to protect the interests of the United States

5 or otherwise appropriate for carrying out this section.

6 (d) REFUND FOR PERIOD OF UNSERVED OBLIGATED

7 SERVICE.—(1) A person who voluntarily terminates service

8 before the end of the period of obligated service required

9 under an agreement entered into under subsection (c) shall

10 refund to the United States an amount determined by the

11 Secretary of Defense as being appropriate to obtain ade12 quate service in exchange for financial assistance.

13 (2) An obligation to reimburse the United States im14 posed under paragraph (1) is for all purposes a debt owed

15 to the United States.

16 (3) The Secretary of Defense may waive, in whole or

17 in part, a refund required under paragraph (1) if the Sec18 retary determines that recovery would be against equity

19 and good conscience or would be contrary to the best inter20 ests of the United States.

21 (4) A discharge in bankruptcy under title 11, United

22 States Code, that is entered less than five years after the

23 termination of an agreement under this section does not dis24 charge the person signing such agreement from a debt aris25 ing under such agreement or under this subsection.
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1 (e) RELATIONSHIP TO OTHER PROGRAMS.—The pilot

2 program under this section is in addition to the authorities

3 provided in chapter 111 of title 10, United States Code.

4 The Secretary of Defense shall coordinate the provision of

5 financial assistance under the authority of this section with

6 the provision of financial assistance under the authorities

7 provided in such chapter in order to maximize the benefits

8 derived by the Department of Defense from the exercise of

9 all such authorities.

10 (f) RECOMMENDATION ON PILOT PROGRAM.—Not later

11 than February 1, 2007, the Secretary of Defense shall sub12 mit to the Committees on Armed Services of the Senate and

13 the House of Representatives, the Committee on Govern14 mental Affairs of the Senate, and the Committee on Govern15 ment Reform of the House of Representatives a plan for

16 expanding and improving the national defense science and

17 engineering workforce educational assistance pilot program

18 carried out under this section as appropriate to improve

19 recruitment and retention to meet the requirements of the

20 Department of Defense for its science and engineering work21 force on a short-term basis and on a long-term basis.

22 (g) CRITICAL HIRING NEED.—Section 3304(a)(3) of

23 title 5, United States Code, is amended by striking subpara24 graph (B) and inserting the following:
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1 ‘‘(B)(i) the Office of Personnel Management

2 has determined that there exists a severe shortage

3 of candidates or there is a critical hiring need;

4 or

5 ‘‘(ii) the candidate is a participant in the

6 Science, Mathematics, and Research for Trans7 formation (SMART) Defense Scholarship Pilot

8 Program under section 1101 of the National De9 fense Authorization Act for Fiscal Year 2005.’’.

10 (h) INSTITUTION OF HIGHER EDUCATION DEFINED.—

11 In this section, the term ‘‘institution of higher education’’

12 has the meaning given such term in section 101 of the High13 er Education Act of 1965 (21 U.S.C. 1001).

14 SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.

15 (a) ELIGIBILITY FOR SERVICE NOT RELATED TO CON16 TINGENCY OPERATIONS.—Section 1596a(a)(2) of title 10,

17 United States Code, is amended by striking ‘‘during a con18 tingency operation supported by the armed forces’’.

19 (b) EFFECTIVE DATE AND APPLICABILITY.—The

20 amendment by this section shall take effect on October 1,

21 2004, and shall apply with respect to months beginning on

22 or after such date.
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1 SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY FOR

2 CIVILIAN INTELLIGENCE PERSONNEL.

3 (a) PAY RATES.—Section 1602(a) of title 10, United

4 States Code, is amended by striking ‘‘in relation to the rates

5 of pay provided in subpart D of part III of title 5 for posi6 tions subject to that subpart which have corresponding levels

7 of duties and responsibilities’’ and inserting ‘‘in relation

8 to the rates of pay provided for comparable positions in

9 the Department of Defense, including Senior Executive

10 Service positions (as defined in section 3132 of title 5) or

11 other senior level positions’’.

12 (b) PERFORMANCE APPRAISAL SYSTEM.—Section 1606

13 of such title is amended by adding at the end the following

14 new subsection:

15 ‘‘(d) PERFORMANCE APPRAISALS.—(1) The Defense

16 Intelligence Senior Executive Service shall be subject to a

17 performance appraisal system which, as designed and ap18 plied, is certified by the Secretary of Defense under section

19 5307 of title 5 as making meaningful distinctions based on

20 relative performance.

21 ‘‘(2) The performance appraisal system applicable to

22 the Defense Intelligence Senior Executive Service under

23 paragraph (1) may be the same performance appraisal sys24 tem that is established and implemented within the Depart25 ment of Defense for members of the Senior Executive Serv26 ice.’’.
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1 SEC. 1104. ACCUMULATION OF ANNUAL LEAVE BY INTEL2 LIGENCE SENIOR LEVEL EMPLOYEES.

3 Section 6304(f)(1) of title 5, United States Code, is

4 amended—

5 (1) in the matter preceding subparagraph (A),

6 by striking ‘‘in a position’’;

7 (2) in subparagraphs (A), (B), (C), (D), and

8 (E), by inserting ‘‘a position in’’ before ‘‘the’’;

9 (3) by striking ‘‘or’’ at the end of subparagraph

10 (D);

11 (4) by striking the period at the end of subpara12 graph (E) and inserting ‘‘; or’’; and

13 (5) by adding at the end the following new sub14 paragraph:

15 ‘‘(F) a position designated as an Intelligence

16 Senior Level position under section 1607(a) of title

17 10.’’.

18 SEC. 1105. PAY PARITY FOR SENIOR EXECUTIVES IN DE19 FENSE NONAPPROPRIATED FUND INSTRU20 MENTALITIES.

21 (a) AUTHORITY.—Chapter 81 of title 10, United States

22 Code, is amended by inserting after section 1587 the fol23 lowing new section:
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1 ‘‘§ 1587a. Employees of nonappropriated fund instru2 mentalities: senior executive pay levels

3 ‘‘(a) AUTHORITY.—To achieve the objective stated in

4 subsection (b), the Secretary of Defense may regulate the

5 amount of total compensation that is provided for senior

6 executives of nonappropriated fund instrumentalities who,

7 for the fixing of pay by administrative action, are under

8 the jurisdiction of the Secretary of Defense or the Secretary

9 of a military department.

10 ‘‘(b) PAY PARITY.—The objective of an action taken

11 with respect to the compensation of a senior executive under

12 subsection (a) is to provide for parity between the total com13 pensation provided for such senior executive and total com14 pensation that is provided for Department of Defense em15 ployees in Senior Executive Service positions or other sen16 ior executive positions.

17 ‘‘(c) STANDARDS OF COMPARABILITY.—Subject to sub18 section (d), the Secretary of Defense shall prescribe the

19 standards of comparison that are to apply in the making

20 of the determinations necessary to achieve the objective stat21 ed in subsection (b).

22 ‘‘(d) ESTABLISHMENT OF PAY RATES.—The Secretary

23 of Defense shall apply subsections (a) and (b) of section

24 5382 of title 5 in the regulation of compensation under this

25 section.
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1 ‘‘(e) RELATIONSHIP TO PAY LIMITATION.—The Sec2 retary of Defense may exercise the authority provided in

3 subsection (a) without regard to section 5373 of title 5.

4 ‘‘(f) DEFINITIONS.—In this section:

5 ‘‘(1) The term ‘compensation’ includes rate of

6 basic pay.

7 ‘‘(2) The term ‘Senior Executive Service posi8 tion’ has the meaning given such term in section 3132

9 of title 5.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections at

11 the beginning of such chapter is amended by inserting after

12 the item relating to section 1587 the following new item:

‘‘1587a. Employees of nonappropriated fund instrumentalities: senior executive

pay levels.’’.

13 SEC. 1106. HEALTH BENEFITS PROGRAM FOR EMPLOYEES

14 OF NONAPPROPRIATED FUND INSTRUMEN15 TALITIES.

16 (a) ESTABLISHMENT.—(1) Chapter 81 of title 10,

17 United States Code, as amended by section 1105(a), is fur18 ther amended by inserting after section 1587a the following

19 new section:

20 ‘‘§ 1587b. Employees of nonappropriated fund instru21 mentalities: health benefits program

22 ‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense

23 shall provide a uniform health benefits program for employ-
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1 ees of the Department of Defense assigned to a non2 appropriated fund instrumentality of the United States.

3 ‘‘(b) EXEMPTION FROM STATE AND LOCAL LAWS,

4 TAXES, AND OTHER REQUIREMENTS.—The exemption in

5 section 8909(f) of title 5 shall apply to the program under

6 subsection (a) and to a carrier, underwriting contractor,

7 and plan administration contractor under such program

8 in the same manner and to the same extent as such exemp9 tion applies under section 8909(f) of such title to an ap10 proved health benefits plan under chapter 89 of such title

11 and a carrier, underwriting subcontractor, and plan ad12 ministration subcontractor, respectively, of such a plan.’’.

13 (2) The table of sections at the beginning of such chap14 ter, as amended by section 1105(b), is further amended by

15 inserting after the item relating to section 1587a the fol16 lowing new item:

‘‘1587b. Employees of nonappropriated fund instrumentalities: health benefits program.’’.

17 (b) REPEAL OF SUPERSEDED LAW.—Section 349 of

18 the National Defense Authorization Act for Fiscal Year

19 1995 (Public Law 103–337; 108 Stat. 2727; 10 U.S.C. 1587

20 note) is repealed.
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1 SEC. 1107. BID PROTESTS BY FEDERAL EMPLOYEES IN AC2 TIONS UNDER OFFICE OF MANAGEMENT AND

3 BUDGET CIRCULAR A–76.

4 (a) ELIGIBILITY TO PROTEST.—(1) Section 3551(2) of

5 title 31, United States Code, is amended to read as follows:

6 ‘‘(2) The term ‘interested party’—

7 ‘‘(A) with respect to a contract or a solicita8 tion or other request for offers described in para9 graph (1), means an actual or prospective bidder

10 or offeror whose direct economic interest would

11 be affected by the award of the contract or by

12 failure to award the contract; and

13 ‘‘(B) with respect to a public-private com14 petition conducted under Office of Management

15 and Budget Circular A–76 regarding perform16 ance of an activity or function of a Federal

17 agency, includes—

18 ‘‘(i) any official who submitted the

19 agency tender in such competition; and

20 ‘‘(ii) any one person who, for the pur21 pose of representing them in a protest under

22 this subchapter that relates to such competi23 tion, has been designated as their agent by

24 a majority of the employees of such Federal

25 agency who are engaged in the performance

26 of such activity or function.’’.
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1 (2)(A) Subchapter V of chapter 35 of such title is

2 amended by adding at the end the following new section:

3 ‘‘§ 3557. Expedited action in protests for public-pri4 vate competitions

5 ‘‘For protests in cases of public-private competitions

6 conducted under Office of Management and Budget Cir7 cular A–76 regarding performance of an activity or func8 tion of Federal agencies, the Comptroller General shall ad9 minister the provisions of this subchapter in a manner best

10 suited for expediting final resolution of such protests and

11 final action in such competitions.’’.

12 (B) The chapter analysis at the beginning of such

13 chapter is amended by inserting after the item relating to

14 section 3556 the following new item:

‘‘3557. Expedited action in protests for public-private competitions.’’.

15 (b) RIGHT TO INTERVENE IN CIVIL ACTION.—Section

16 1491(b) of title 28, United States Code, is amended by add17 ing at the end the following new paragraph:

18 ‘‘(5) If a private sector interested party commences an

19 action described in paragraph (1) in the case of a public20 private competition conducted under Office of Management

21 and Budget Circular A–76 regarding performance of an ac22 tivity or function of a Federal agency, then an official or

23 person described in section 3551(2)(B) of title 31 shall be

24 entitled to intervene in that action.’’.
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1 (c) APPLICABILITY.—Subparagraph (B) of section

2 3551(2) of title 31, United States Code (as added by sub3 section (a)), and paragraph (5) of section 1491(b) of title

4 28, United States Code (as added by subsection (b)), shall

5 apply to—

6 (1) protests and civil actions that challenge final

7 selections of sources of performance of an activity or

8 function of a Federal agency that are made pursuant

9 to studies initiated under Office of Management and

10 Budget Circular A–76 on or after January 1, 2004;

11 and

12 (2) any other protests and civil actions that re13 late to public-private competitions initiated under Of14 fice of Management and Budget Circular A–76 on or

15 after the date of the enactment of this Act.

16 SEC. 1108. REPORT ON HOW TO RECRUIT AND RETAIN INDI17 VIDUALS WITH FOREIGN LANGUAGE SKILLS.

18 (a) FINDINGS.—Congress makes the following findings:

19 (1) The Federal Government has a requirement

20 to ensure that the employees of its departments and

21 agencies with national security responsibilities are

22 prepared to meet the challenges of this evolving inter23 national environment.

24 (2) According to a 2002 General Accounting Of25 fice report, Federal agencies have shortages in trans-
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1 lators and interpreters and an overall shortfall in the

2 language proficiency levels needed to carry out their

3 missions which has adversely affected agency oper4 ations and hindered United States military, law en5 forcement, intelligence, counterterrorism, and diplo6 matic efforts.

7 (3) Foreign language skills and area expertise

8 are integral to, or directly support, every foreign in9 telligence discipline and are essential factors in na10 tional security readiness, information superiority,

11 and coalition peacekeeping or warfighting missions.

12 (4) Communicating in languages other than

13 English and understanding and accepting cultural

14 and societal differences are vital to the success of

15 peacetime and wartime military and intelligence ac16 tivities.

17 (5) Proficiency levels required for foreign lan18 guage support to national security functions have

19 been raised, and what was once considered proficiency

20 is no longer the case. The ability to comprehend and

21 articulate technical and complex information in for22 eign languages has become critical.

23 (6) According to the Joint Intelligence Com24 mittee Inquiry into the 9/11 Terrorist Attacks, the In25 telligence Community had insufficient linguists prior
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1 to September 11, 2001, to handle the challenge it

2 faced in translating the volumes of foreign language

3 counterterrorism intelligence it collected. Agencies

4 within the Intelligence Community experienced back5 logs in material awaiting translation, a shortage of

6 language specialists and language-qualified field offi7 cers, and a readiness level of only 30 percent in the

8 most critical terrorism-related languages that are

9 used by terrorists.

10 (7) Because of this shortage, the Federal Govern11 ment has had to enter into private contracts to pro12 cure linguist and translator services, including in

13 some positions that would be more appropriately

14 filled by permanent Federal employees or members of

15 the United States Armed Forces.

16 (b) REPORT.—In its fiscal year 2006 budget request,

17 the Secretary of Defense shall submit to the Committees on

18 Armed Services of the Senate and the House of Representa19 tives and the Select Committee on Intelligence of the Senate

20 and the Permanent Select Committee on Intelligence of the

21 House of Representatives, a plan for expanding and im22 proving the national security foreign language workforce of

23 the Department of Defense as appropriate to improve re24 cruitment and retention to meet the requirements of the De-
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1 partment for its foreign language workforce on a short-term

2 basis and on a long-term basis.

3 SEC. 1109. PLAN ON IMPLEMENTATION AND UTILIZATION

4 OF FLEXIBLE PERSONNEL MANAGEMENT AU5 THORITIES IN DEPARTMENT OF DEFENSE

6 LABORATORIES.

7 (a) PLAN REQUIRED.—The Under Secretary of De8 fense for Acquisition, Technology, and Logistics and the

9 Under Secretary of Defense for Personnel and Readiness

10 shall jointly develop a plan for the effective utilization of

11 the personnel management authorities referred to in sub12 section (b) in order to increase the mission responsiveness,

13 efficiency, and effectiveness of Department of Defense lab14 oratories.

15 (b) COVERED AUTHORITIES.—The personnel manage16 ment authorities referred to in this subsection are the per17 sonnel management authorities granted to the Secretary of

18 Defense by the provisions of law as follows:

19 (1) Section 342(b) of the National Defense Au20 thorization Act for Fiscal Year 1995 (Public Law

21 103–337; 108 Stat. 2721), as amended by section

22 1114 of the Floyd D. Spence National Defense Au23 thorization Act for Fiscal Year 2001 (as enacted into

24 law by Public Law 106–398 (114 Stat. 1654A–315)).
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1 (2) Section 1101 of the Strom Thurmond Na2 tional Defense Authorization Act for Fiscal Year 1999

3 (Public Law 105–261; 5 U.S.C. 3104 note).

4 (3) Such other provisions of law as the Under

5 Secretaries jointly consider appropriate for purposes

6 of this section.

7 (c) PLAN ELEMENTS.—The plan under subsection (a)

8 shall—

9 (1) include such elements as the Under Secre10 taries jointly consider appropriate to provide for the

11 effective utilization of the personnel management au12 thorities referred to in subsection (b) as described in

13 subsection (a), including the recommendations of the

14 Under Secretaries for such additional authorities, in15 cluding authorities for demonstration programs or

16 projects, as are necessary to achieve the effective utili17 zation of such personnel management authorities; and

18 (2) include procedures, including a schedule for

19 review and decisions, on proposals to modify current

20 demonstration programs or projects, or to initiate

21 new demonstration programs or projects, on flexible

22 personnel management at Department laboratories

23 (d) SUBMITTAL TO CONGRESS.—The Under Secre24 taries shall jointly submit to Congress the plan under sub25 section (a) not later than February 1, 2006.
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1 SEC. 1110. NONREDUCTION IN PAY WHILE FEDERAL EM2 PLOYEE IS PERFORMING ACTIVE SERVICE IN

3 THE UNIFORMED SERVICES OR NATIONAL

4 GUARD.

5 (a) SHORT TITLE.—This section may be cited as the

6 ‘‘Reservists Pay Security Act of 2004’’.

7 (b) IN GENERAL.—Subchapter IV of chapter 55 of title

8 5, United States Code, is amended by adding at the end

9 the following:

10 ‘‘§ 5538. Nonreduction in pay while serving in the uni11 formed services or National Guard

12 ‘‘(a) An employee who is absent from a position of em13 ployment with the Federal Government in order to perform

14 active duty in the uniformed services pursuant to a call

15 or order to active duty under a provision of law referred

16 to in section 101(a)(13)(B) of title 10 shall be entitled, while

17 serving on active duty, to receive, for each pay period de18 scribed in subsection (b), an amount equal to the amount

19 by which—

20 ‘‘(1) the amount of basic pay which would other21 wise have been payable to such employee for such pay

22 period if such employee’s civilian employment with

23 the Government had not been interrupted by that

24 service, exceeds (if at all)

25 ‘‘(2) the amount of pay and allowances which

26 (as determined under subsection (d))—
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1 ‘‘(A) is payable to such employee for that

2 service; and

3 ‘‘(B) is allocable to such pay period.

4 ‘‘(b)(1) Amounts under this section shall be payable

5 with respect to each pay period (which would otherwise

6 apply if the employee’s civilian employment had not been

7 interrupted)—

8 ‘‘(A) during which such employee is entitled to

9 reemployment rights under chapter 43 of title 38 with

10 respect to the position from which such employee is

11 absent (as referred to in subsection (a)); and

12 ‘‘(B) for which such employee does not otherwise

13 receive basic pay (including by taking any annual,

14 military, or other paid leave) to which such employee

15 is entitled by virtue of such employee’s civilian em16 ployment with the Government.

17 ‘‘(2) For purposes of this section, the period during

18 which an employee is entitled to reemployment rights under

19 chapter 43 of title 38—

20 ‘‘(A) shall be determined disregarding the provi21 sions of section 4312(d) of title 38; and

22 ‘‘(B) shall include any period of time specified

23 in section 4312(e) of title 38 within which an em24 ployee may report or apply for employment or reem25 ployment following completion of service on active
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1 duty to which called or ordered as described in sub2 section (a).

3 ‘‘(c) Any amount payable under this section to an em4 ployee shall be paid—

5 ‘‘(1) by such employee’s employing agency;

6 ‘‘(2) from the appropriation or fund which

7 would be used to pay the employee if such employee

8 were in a pay status; and

9 ‘‘(3) to the extent practicable, at the same time

10 and in the same manner as would basic pay if such

11 employee’s civilian employment had not been inter12 rupted.

13 ‘‘(d) The Office of Personnel Management shall, in con14 sultation with Secretary of Defense, prescribe any regula15 tions necessary to carry out the preceding provisions of this

16 section.

17 ‘‘(e)(1) The head of each agency referred to in section

18 2302(a)(2)(C)(ii) shall, in consultation with the Office, pre19 scribe procedures to ensure that the rights under this section

20 apply to the employees of such agency.

21 ‘‘(2) The Administrator of the Federal Aviation Ad22 ministration shall, in consultation with the Office, prescribe

23 procedures to ensure that the rights under this section apply

24 to the employees of that agency.

25 ‘‘(f) For purposes of this section—
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1 ‘‘(1) the terms ‘employee’, ‘Federal Government’,

2 and ‘uniformed services’ have the same respective

3 meanings as given them in section 4303 of title 38;

4 ‘‘(2) the term ‘employing agency’, as used with

5 respect to an employee entitled to any payments

6 under this section, means the agency or other entity

7 of the Government (including an agency referred to in

8 section 2302(a)(2)(C)(ii)) with respect to which such

9 employee has reemployment rights under chapter 43

10 of title 38; and

11 ‘‘(3) the term ‘basic pay’ includes any amount

12 payable under section 5304.’’.

13 (c) CLERICAL AMENDMENT.—The table of sections for

14 chapter 55 of title 5, United States Code, is amended by

15 inserting after the item relating to section 5537 the fol16 lowing:

‘‘5538. Nonreduction in pay while serving in the uniformed services or National

Guard.’’.

17 (d) EFFECTIVE DATE.—

18 (1) IN GENERAL.—The amendments made by

19 this section shall apply with respect to pay periods

20 (as described in section 5538(b) of title 5, United

21 States Code, as amended by this section) beginning on

22 or after the date of enactment of this Act.

23 (2) CONDITIONAL RETROACTIVE APPLICATION.—
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1 (A) IN GENERAL.—The amendments made

2 by this section shall apply with respect to pay

3 periods (as described in section 5538(b) of title

4 5, United States Code, as amended by this sec5 tion) beginning on or after October 11, 2002

6 through the date of enactment of this Act, subject

7 to the availability of appropriations.

8 (B) AUTHORIZATION OF APPROPRIA9 TIONS.—There are authorized to be appropriated

10 $100,000,000 for purposes of subparagraph (A).

11 TITLE XII—COOPERATIVE

12 THREAT REDUCTION WITH

13 STATES OF THE FORMER SO14 VIET UNION

15 SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT RE16 DUCTION PROGRAMS AND FUNDS.

17 (a) SPECIFICATION OF CTR PROGRAMS.—For pur18 poses of section 301 and other provisions of this Act, Coop19 erative Threat Reduction programs are the programs speci20 fied in section 1501(b) of the National Defense Authoriza21 tion Act for Fiscal Year 1997 (Public Law 104–201; 110

22 Stat. 2731; 50 U.S.C. 2362 note).

23 (b) FISCAL YEAR 2005 COOPERATIVE THREAT REDUC24 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis25 cal year 2005 Cooperative Threat Reduction funds’’ means
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1 the funds appropriated pursuant to the authorization of ap2 propriations in section 301 for Cooperative Threat Reduc3 tion programs.

4 (c) AVAILABILITY OF FUNDS.—Funds appropriated

5 pursuant to the authorization of appropriations in section

6 301 for Cooperative Threat Reduction programs shall be

7 available for obligation for three fiscal years.

8 SEC. 1202. FUNDING ALLOCATIONS.

9 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the

10 $409,200,000 authorized to be appropriated to the Depart11 ment of Defense for fiscal year 2005 in section 301(19) for

12 Cooperative Threat Reduction programs, the following

13 amounts may be obligated for the purposes specified:

14 (1) For strategic offensive arms elimination in

15 Russia, $58,522,000.

16 (2) For nuclear weapons storage security in Rus17 sia, $48,672,000.

18 (3) For nuclear weapons transportation security

19 in Russia, $26,300,000.

20 (4) For weapons of mass destruction prolifera21 tion prevention in the states of the former Soviet

22 Union, $40,030,000.

23 (5) For chemical weapons destruction in Russia,

24 $158,400,000.
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1 (6) For biological weapons proliferation preven2 tion in the former Soviet Union, $54,959,000.

3 (7) For defense and military contacts,

4 $8,000,000.

5 (8) For activities designated as Other Assess6 ments/Administrative Support, $14,317,000.

7 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

8 FUNDS FOR OTHER PURPOSES.—No fiscal year 2005 Coop9 erative Threat Reduction funds may be obligated or ex10 pended for a purpose other than a purpose listed in para11 graphs (1) through (8) of subsection (a) until 30 days after

12 the date that the Secretary of Defense submits to Congress

13 a report on the purpose for which the funds will be obligated

14 or expended and the amount of funds to be obligated or ex15 pended. Nothing in the preceding sentence shall be construed

16 as authorizing the obligation or expenditure of fiscal year

17 2005 Cooperative Threat Reduction funds for a purpose for

18 which the obligation or expenditure of such funds is specifi19 cally prohibited under this title or any other provision of

20 law.

21 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

22 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any

23 case in which the Secretary of Defense determines that it

24 is necessary to do so in the national interest, the Secretary

25 may obligate amounts appropriated for fiscal year 2005 for
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1 a purpose listed in any of the paragraphs in subsection (a)

2 in excess of the specific amount authorized for that purpose.

3 (2) An obligation of funds for a purpose stated in any

4 of the paragraphs in subsection (a) in excess of the specific

5 amount authorized for such purpose may be made using

6 the authority provided in paragraph (1) only after—

7 (A) the Secretary submits to Congress notifica8 tion of the intent to do so together with a complete

9 discussion of the justification for doing so; and

10 (B) 15 days have elapsed following the date of

11 the notification.

12 (3) The Secretary may not, under the authority pro13 vided in paragraph (1), obligate amounts for a purpose

14 stated in any of paragraphs (5) through (8) of subsection

15 (a) in excess of 125 percent of the specific amount author16 ized for such purpose.

17 SEC. 1203. MODIFICATION AND WAIVER OF LIMITATION ON

18 USE OF FUNDS FOR CHEMICAL WEAPONS DE19 STRUCTION FACILITIES IN RUSSIA.

20 (a) MODIFICATION OF LIMITATION.—Section 1305 of

21 the National Defense Authorization Act for Fiscal Year

22 2000 (22 U.S.C. 5952 note) is amended by striking ‘‘or ex23 pended’’.

24 (b) WAIVER AUTHORITY.—The conditions described in

25 section 1305 of the National Defense Authorization Act for
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1 Fiscal Year 2000, as amended by subsection (a), shall not

2 apply to the obligation of funds during a fiscal year for

3 the planning, design, or construction of a chemical weapons

4 destruction facility in Russia if the President submits to

5 Congress a written certification with respect to such fiscal

6 year that includes—

7 (1) a statement as to why the waiver of the con8 ditions during the fiscal year covered by such certifi9 cation is consistent with the national security inter10 ests of the United States; and

11 (2) a plan to promote a full and accurate disclo12 sure by Russia regarding the size, content, status, and

13 location of its chemical weapons stockpile.

14 SEC. 1204. INCLUSION OF DESCRIPTIVE SUMMARIES IN AN15 NUAL COOPERATIVE THREAT REDUCTION RE16 PORTS AND BUDGET JUSTIFICATION MATE17 RIALS.

18 Section 1307 of the Strom Thurmond National Defense

19 Authorization Act for Fiscal Year 1999 (Public Law 105–

20 261; 112 Stat. 2165; 22 U.S.C. 5952 note) is amended—

21 (1) in subsection (a), by striking ‘‘as part of the

22 Secretary’s annual budget request to Congress’’ in the

23 matter preceding paragraph (1) and inserting ‘‘in the

24 materials and manner specified in subsection (c)’’;

25 and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(c) INCLUSION IN CERTAIN MATERIALS SUBMITTED

4 TO CONGRESS.—The summary required to be submitted to

5 Congress in a fiscal year under subsection (a) shall be set

6 forth by project category, and by amounts specified in para7 graphs (1) and (2) of that subsection in connection with

8 such project category, in each of the following:

9 ‘‘(1) The annual report on activities and assist10 ance under Cooperative Threat Reduction programs

11 required in such fiscal year under section 1308 of the

12 Floyd D. Spence National Defense Authorization Act

13 for Fiscal Year 2001 (as enacted into law by Public

14 Law 106–398).

15 ‘‘(2) The budget justification materials submitted

16 to Congress in support of the Department of Defense

17 budget for the fiscal year succeeding such fiscal year

18 (as submitted with the budget of the President under

19 section 1105(a) of title 31, United States Code).’’.
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1 TITLE XIII—MEDICAL READI2 NESS TRACKING AND HEALTH

3 SURVEILLANCE

4 SEC. 1301. ANNUAL MEDICAL READINESS PLAN AND JOINT

5 MEDICAL READINESS OVERSIGHT COM6 MITTEE.

7 (a) REQUIREMENT FOR PLAN.—The Secretary of De8 fense shall develop a comprehensive plan to improve med9 ical readiness, and Department of Defense tracking of the

10 health status, of members of the Armed Forces throughout

11 their service in the Armed Forces, and to strengthen medical

12 readiness and tracking before, during, and after deployment

13 of the personnel overseas. The matters covered by the com14 prehensive plan shall include all elements that are described

15 in this title and the amendments made by this title and

16 shall comply with requirements in law.

17 (b) JOINT MEDICAL READINESS OVERSIGHT COM18 MITTEE.—

19 (1) ESTABLISHMENT.—The Secretary of Defense

20 shall establish a Joint Medical Readiness Oversight

21 Committee.

22 (2) COMPOSITION.—The members of the Com23 mittee are as follows:
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1 (A) The Under Secretary of Defense for Per2 sonnel and Readiness, who shall chair the Com3 mittee.

4 (B) The Assistant Secretary of Defense for

5 Health Affairs.

6 (C) The Assistant Secretary of Defense for

7 Reserve Affairs.

8 (D) The Surgeons General of the Armed

9 Forces.

10 (E) The Assistant Secretary of the Army for

11 Manpower and Reserve Affairs.

12 (F) The Assistant Secretary of the Navy for

13 Manpower and Reserve Affairs.

14 (G) The Assistant Secretary of the Air

15 Force for Manpower, Reserve Affairs, Installa16 tions, and Environment.

17 (H) The Chief of the National Guard Bu18 reau.

19 (I) The Chief of Army Reserve.

20 (J) The Chief of Naval Reserve.

21 (K) The Chief of Air Force Reserve.

22 (L) The Commander, Marine Corps Reserve.

23 (M) The Director of the Defense Manpower

24 Data Center.
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1 (N) A representative of the Department of

2 Veterans Affairs designated by the Secretary of

3 Veterans Affairs.

4 (O) Representatives of veterans and mili5 tary health advocacy organizations appointed to

6 the Committee by the Secretary of Defense.

7 (P) An individual from civilian life who is

8 recognized as an expert on military health care

9 treatment, including research relating to such

10 treatment.

11 (3) DUTIES.—The duties of the Committee are as

12 follows:

13 (A) To advise the Secretary of Defense on

14 the medical readiness and health status of the

15 members of the active and reserve components of

16 the Armed Forces.

17 (B) To advise the Secretary of Defense on

18 the compliance of the Armed Forces with the

19 medical readiness tracking and health surveil20 lance policies of the Department of Defense.

21 (C) To oversee the development and imple22 mentation of the comprehensive plan required by

23 subsection (a) and the actions required by this

24 title and the amendments made by this title, in25 cluding with respect to matters relating to—
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1 (i) the health status of the members of

2 the reserve components of the Armed Forces;

3 (ii) accountability for medical readi4 ness;

5 (iii) medical tracking and health sur6 veillance;

7 (iv) declassification of information on

8 environmental hazards;

9 (v) postdeployment health care for

10 members of the Armed Forces; and

11 (vi) compliance with Department of

12 Defense and other applicable policies on

13 blood serum repositories.

14 (D) To ensure unity and integration of ef15 forts across functional and organizational lines

16 within the Department of Defense with regard to

17 medical readiness tracking and health status sur18 veillance of members of the Armed Forces.

19 (E) To establish and monitor compliance

20 with the medical readiness standards that are

21 applicable to members and those that are appli22 cable to units.

23 (F) To improve continuity of care in co24 ordination with the Secretary of Veterans Af25 fairs, for members of the Armed Forces sepa-
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1 rating from active service with service-connected

2 medical conditions.

3 (G) To prepare and submit to the Secretary

4 of Defense and to the Committees on Armed

5 Services of the Senate and the House of Rep6 resentatives, not later than February 1 of each

7 year, a report on—

8 (i) the health status and medical readi9 ness of the members of the Armed Forces,

10 including the members of reserve compo11 nents, based on the comprehensive plan re12 quired under subsection (a) and the actions

13 required by this title and the amendments

14 made by this title; and

15 (ii) compliance with Department of

16 Defense policies on medical readiness track17 ing and health surveillance.

18 (4) FIRST MEETING.—The first meeting of the

19 Committee shall be held not later than 90 days after

20 the date of the enactment of this Act.

21 SEC. 1302. MEDICAL READINESS OF RESERVES.

22 (a) COMPTROLLER GENERAL STUDY OF HEALTH OF

23 RESERVES ORDERED TO ACTIVE DUTY FOR OPERATIONS

24 ENDURING FREEDOM AND IRAQI FREEDOM.—
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1 (1) REQUIREMENT FOR STUDY.—The Comp2 troller General of the United States shall carry out a

3 study of the health of the members of the reserve com4 ponents of the Armed Forces who have been called or

5 ordered to active duty for a period of more than 30

6 days in support of Operation Enduring Freedom and

7 Operation Iraqi Freedom. The Comptroller General

8 shall commence the study not later than 180 days

9 after the date of the enactment of this Act.

10 (2) PURPOSES.—The purposes of the study under

11 this subsection are as follows:

12 (A) To review the health status and medical

13 fitness of the activated Reserves when they were

14 called or ordered to active duty.

15 (B) To review the effects, if any, on logistics

16 planning and the deployment schedules for the

17 operations referred to in paragraph (1) that re18 sulted from deficiencies in the health or medical

19 fitness of activated Reserves.

20 (C) To review compliance of military per21 sonnel with Department of Defense policies on

22 medical and physical fitness examinations and

23 assessments that are applicable to the reserve

24 components of the Armed Forces.
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1 (3) REPORT.—The Comptroller General shall,

2 not later than one year after the date of the enact3 ment of this Act, submit a report on the results of the

4 study under this subsection to the Committees on

5 Armed Services of the Senate and the House of Rep6 resentatives. The report shall include the following

7 matters:

8 (A) With respect to the matters reviewed

9 under subparagraph (A) of paragraph (2)—

10 (i) the percentage of activated Reserves

11 who were determined to be medically unfit

12 for deployment, together with an analysis of

13 the reasons why the member was unfit, in14 cluding medical illnesses or conditions most

15 commonly found among the activated Re16 serves that were grounds for determinations

17 of medical unfitness for deployment; and

18 (ii) the percentage of the activated Re19 serves who, before being deployed, needed

20 medical care for health conditions identified

21 when called or ordered to active duty, to22 gether with an analysis of the types of care

23 that were provided for such conditions and

24 the reasons why such care was necessary.
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1 (B) With respect to the matters reviewed

2 under subparagraph (B) of paragraph (2)—

3 (i) the delays and other disruptions in

4 deployment schedules that resulted from de5 ficiencies in the health status or medical fit6 ness of activated Reserves; and

7 (ii) an analysis of the extent to which

8 it was necessary to merge units or otherwise

9 alter the composition of units, and the ex10 tent to which it was necessary to merge or

11 otherwise alter objectives, in order to com12 pensate for limitations on the deployability

13 of activated Reserves resulting from defi14 ciencies in the health status or medical fit15 ness of activated Reserves.

16 (C) With respect to the matters reviewed

17 under subparagraph (C) of paragraph (2), an

18 assessment of the extent of the compliance of re19 serve component personnel with Department of

20 Defense policies on routine medical and physical

21 fitness examinations that are applicable to the

22 reserve components of the Armed Forces.

23 (D) An analysis of the extent to which the

24 medical care, if any, provided to activated Re25 serves in each theater of operations referred to in
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1 paragraph (1) related to preexisting conditions

2 that were not adequately addressed before the de3 ployment of such personnel to the theater.

4 (4) DEFINITIONS.—In this subsection:

5 (A) The term ‘‘activated Reserves’’ means

6 the members of the Armed Forces referred to in

7 paragraph (1).

8 (B) The term ‘‘active duty for a period of

9 more than 30 days’’ has the meaning given such

10 term in section 101(d) of title 10, United States

11 Code.

12 (C) The term ‘‘health condition’’ includes a

13 mental health condition and a dental condition.

14 (D) The term ‘‘reserve components of the

15 Armed Forces’’ means the reserve components

16 listed in section 10101 of title 10, United States

17 Code.

18 (b) ACCOUNTABILITY FOR INDIVIDUAL AND UNIT MED19 ICAL READINESS.—

20 (1) POLICY.—The Secretary of Defense shall

21 issue a policy to ensure that individual members and

22 commanders of reserve component units fulfill their

23 responsibilities for medical and dental readiness of

24 members of the units on the basis of—
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1 (A) frequent periodic health assessment of

2 members (not less frequently than once every two

3 years) using the predeployment assessment proce4 dure required under section 1074f of title 10,

5 United States Code, as the minimum standard of

6 medical readiness; and

7 (B) any other information on the health

8 status of the members that is available to the

9 commanders.

10 (2) REVIEWAND FOLLOWUP CARE.—The regula11 tions under this subsection shall provide for review of

12 the health assessments under paragraph (1) by a med13 ical professional and for any followup care and treat14 ment that is needed for medical or dental readiness.

15 (3) MODIFICATION OF PREDEPLOYMENT HEALTH

16 ASSESSMENT SURVEY.—In meeting the policy under

17 paragraph (1), the Secretary shall—

18 (A) to the extent practicable, modify the

19 predeployment health assessment survey to bring

20 such survey into conformity with the detailed

21 postdeployment health assessment survey in use

22 as of October 1, 2004; and

23 (B) ensure the use of the predeployment

24 health assessment survey, as so modified, for

25 predeployment health assessments after that date.
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1 (c) UNIFORM POLICY ON DEFERRAL OF MEDICAL

2 TREATMENT PENDING DEPLOYMENT TO THEATERS OF OP3 ERATIONS.—

4 (1) REQUIREMENT FOR POLICY.—The Secretary

5 of Defense shall prescribe, for uniform applicability

6 throughout the Armed Forces, a policy on deferral of

7 medical treatment of members pending deployment.

8 (2) CONTENT.—The policy prescribed under

9 paragraph (1) shall specify the following matters:

10 (A) The circumstances under which treat11 ment for medical conditions may be deferred to

12 be provided within a theater of operations in

13 order to prevent delay or other disruption of a

14 deployment to that theater.

15 (B) The circumstances under which medical

16 conditions are to be treated before deployment to

17 that theater.

18 SEC. 1303. BASELINE HEALTH DATA COLLECTION PRO19 GRAM.

20 (a) REQUIREMENT FOR PROGRAM.—

21 (1) IN GENERAL.—Chapter 55 of title 10, United

22 States Code, is amended by inserting after section

23 1092 the following new section:
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1 ‘‘§ 1092a. Persons entering the armed forces: baseline

2 health data

3 ‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense

4 shall carry out a program—

5 ‘‘(1) to collect baseline health data from all per6 sons entering the armed forces;

7 ‘‘(2) to provide for computerized compilation

8 and maintenance of the baseline health data; and

9 ‘‘(3) to analyze the data.

10 ‘‘(b) PURPOSES.—The program under this section

11 shall be designed to achieve the following purposes:

12 ‘‘(1) To facilitate understanding of how expo13 sures related to service in the armed forces affect

14 health.

15 ‘‘(2) To facilitate development of early interven16 tion and prevention programs to protect health and

17 readiness.’’.

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such chapter is amended by

20 inserting after the item relating to section 1092 the

21 following new item:

‘‘1092a. Persons entering the armed forces: baseline health data.’’.

22 (3) TIME FOR IMPLEMENTATION.—The Secretary

23 of Defense shall implement the program required

24 under section 1092a of title 10, United States Code
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1 (as added by paragraph (1)), not later than two years

2 after the date of the enactment of this Act.

3 (b) INTERIM STANDARDS FOR BLOOD SAMPLING.—The

4 Secretary of Defense shall require under the medical track5 ing system administered under section 1074f of title 10,

6 United States Code, that—

7 (1) the blood samples necessary for the

8 predeployment medical examination of a member of

9 the Armed Forces required under subsection (b) of

10 such section be drawn not earlier than 60 days before

11 the date of the deployment; and

12 (2) the blood samples necessary for the

13 postdeployment medical examination of a member of

14 the Armed Forces required under such subsection be

15 drawn not later than 30 days after the date on which

16 the deployment ends.

17 SEC. 1304. MEDICAL CARE AND TRACKING AND HEALTH

18 SURVEILLANCE IN THE THEATER OF OPER19 ATIONS.

20 (a) RECORDKEEPING POLICY.—The Secretary of De21 fense shall prescribe a policy that requires the records of

22 all medical care provided to a member of the Armed Forces

23 in a theater of operations to be maintained as part of a

24 complete health record for the member.
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1 (b) IN-THEATER MEDICAL TRACKING AND HEALTH

2 SURVEILLANCE.—

3 (1) REQUIREMENT FOR EVALUATION.—The Sec4 retary of Defense shall evaluate the system for the

5 medical tracking and health surveillance of members

6 of the Armed Forces in theaters of operations and

7 take such actions as may be necessary to improve the

8 medical tracking and health surveillance.

9 (2) REPORT.—Not later than one year after the

10 date of the enactment of this Act, the Secretary of De11 fense shall submit a report on the actions taken under

12 paragraph (1) to the Committees on Armed Services

13 of the Senate and the House of Representatives. The

14 report shall include the following matters:

15 (A) An analysis of the strengths and weak16 nesses of the medical tracking system adminis17 tered under section 1074f of title 10, United

18 States Code.

19 (B) An analysis of the efficacy of health

20 surveillance systems as a means of detecting—

21 (i) any health problems (including

22 mental health conditions) of members of the

23 Armed Forces contemporaneous with the

24 performance of the assessment under the

25 system; and
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1 (ii) exposures of the assessed members

2 to environmental hazards that potentially

3 lead to future health problems.

4 (C) An analysis of the strengths and weak5 nesses of such medical tracking and surveillance

6 systems as a means for supporting future re7 search on health issues.

8 (D) Recommended changes to such medical

9 tracking and health surveillance systems.

10 (E) A summary of scientific literature on

11 blood sampling procedures used for detecting and

12 identifying exposures to environmental hazards.

13 (F) An assessment of whether there is a

14 need for changes to regulations and standards for

15 drawing blood samples for effective tracking and

16 health surveillance of the medical conditions of

17 personnel before deployment, upon the end of a

18 deployment, and for a followup period of appro19 priate length.

20 (c) PLAN TO OBTAIN HEALTH CARE RECORDS FROM

21 ALLIES.—The Secretary of Defense shall develop a plan for

22 obtaining all records of medical treatment provided to

23 members of the Armed Forces by allies of the United States

24 in Operation Enduring Freedom and Operation Iraqi Free-
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1 dom. The plan shall specify the actions that are to be taken

2 to obtain all such records.

3 (d) POLICY ON IN-THEATER PERSONNEL LOCATOR

4 DATA.—Not later than one year after the date of the enact5 ment of this Act, the Secretary of Defense shall prescribe

6 a Department of Defense policy on the collection and dis7 semination of in-theater individual personnel location data.

8 SEC. 1305. DECLASSIFICATION OF INFORMATION ON EXPO9 SURES TO ENVIRONMENTAL HAZARDS.

10 (a) REQUIREMENT FOR REVIEW.—The Secretary of

11 Defense shall review and, as determined appropriate, revise

12 the classification policies of the Department of Defense with

13 a view to facilitating the declassification of data that is

14 potentially useful for the monitoring and assessment of the

15 health of members of the Armed Forces who have been ex16 posed to environmental hazards during deployments over17 seas, including the following data:

18 (1) In-theater injury rates.

19 (2) Data derived from environmental surveil20 lance.

21 (3) Health tracking and surveillance data.

22 (b) CONSULTATION WITH COMMANDERS OF THEATER

23 COMBATANT COMMANDS.—The Secretary shall, to the extent

24 that the Secretary considers appropriate, consult with the

25 senior commanders of the in-theater forces of the combatant
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1 commands in carrying out the review and revising policies

2 under subsection (a).

3 SEC. 1306. ENVIRONMENTAL HAZARDS.

4 (a) REPORT ON TRAINING OF FIELD MEDICAL PER5 SONNEL.—

6 (1) REQUIREMENT FOR REPORT.—Not later than

7 one year after the date of the enactment of this Act,

8 the Secretary of Defense shall submit to the Commit9 tees on Armed Services of the Senate and the House

10 of Representatives a report on the training on envi11 ronmental hazards that is provided by the Armed

12 Forces to medical personnel of the Armed Forces who

13 are deployable to the field in direct support of combat

14 personnel.

15 (2) CONTENT.—The report under paragraph (1)

16 shall include the following:

17 (A) An assessment of the adequacy of the

18 training regarding—

19 (i) the identification of common envi20 ronmental hazards and exposures to such

21 hazards; and

22 (ii) the prevention and treatment of

23 adverse health effects of such exposures.

24 (B) A discussion of the actions taken and to

25 be taken to improve such training.
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1 (c) REPORT ON RESPONSES TO HEALTH CONCERNS OF

2 MEMBERS.—

3 (1) REQUIREMENT FOR REPORT.—Not later than

4 180 days after the date of the enactment of this Act,

5 the Assistant Secretary of Defense for Health Affairs

6 shall submit to the Secretary of Defense and the Com7 mittees on Armed Services of the Senate and the

8 House of Representatives a report on Department of

9 Defense responses to concerns expressed by members of

10 the Armed Forces during post-deployment health as11 sessments about possibilities that the members were

12 exposed to environmental hazards deleterious to the

13 members’ health during a deployment overseas.

14 (2) CONTENT.—The report regarding health con15 cerns submitted under paragraph (1) shall include the

16 following:

17 (A) A discussion of the actions taken by De18 partment of Defense officials to investigate the

19 circumstances underlying such concerns in order

20 to determine the validity of the concerns.

21 (B) A discussion of the actions taken by De22 partment of Defense officials to evaluate or treat

23 members and former members of the Armed

24 Forces who are confirmed to have been exposed
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1 to environmental hazards deleterious to their

2 health during deployments of the Armed Forces.

3 SEC. 1307. POST-DEPLOYMENT MEDICAL CARE RESPON4 SIBILITIES OF INSTALLATION COMMANDERS.

5 (a) REQUIREMENT FOR REGULATIONS.—The Sec6 retary of Defense shall prescribe a policy that requires the

7 commander of each military installation at which members

8 of the Armed Forces are to be processed upon redeployment

9 from an overseas deployment—

10 (1) to identify and analyze the anticipated

11 health care needs of such members before the arrival

12 of such members at that installation; and

13 (2) to report such needs to the Secretary.

14 (b) HEALTH CARE TO MEET NEEDS.—The policy

15 under this section shall include procedures for the com16 mander of each military installation described in subsection

17 (a) to meet the anticipated health care needs that are identi18 fied by the commander in the performance of duties under

19 the regulations, including the following:

20 (1) Arrangements for health care provided by the

21 Secretary of Veterans Affairs.

22 (2) Procurement of services from local health

23 care providers.

24 (3) Temporary employment of health care per25 sonnel to provide services at such installation.
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1 SEC. 1308. FULL IMPLEMENTATION OF MEDICAL READI2 NESS TRACKING AND HEALTH SURVEIL3 LANCE PROGRAM AND FORCE HEALTH PRO4 TECTION AND READINESS PROGRAM.

5 (a) IMPLEMENTATION AT ALL LEVELS.—The Secretary

6 of Defense, in conjunction with the Secretaries of the mili7 tary departments, shall take such actions as are necessary

8 to ensure that the Army, Navy, Air Force, and Marine

9 Corps fully implement at all levels—

10 (1) the Medical Readiness Tracking and Health

11 Surveillance Program under this title and the amend12 ments made by this title; and

13 (2) the Force Health Protection and Readiness

14 Program of the Department of Defense (relating to the

15 prevention of injury and illness and the reduction of

16 disease and noncombat injury threats).

17 (b) ACTION OFFICIAL.—The Secretary of Defense may

18 act through the Under Secretary of Defense for Personnel

19 and Readiness in carrying out subsection (a).

20 SEC. 1309. OTHER MATTERS.

21 (a) ANNUAL REPORTS.—

22 (1) REQUIREMENT FOR REPORTS.—

23 (A) Chapter 55 of title 10, United States

24 Code, is amended by inserting after section

25 1073a the following new section:
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1 ‘‘§ 1073b. Recurring reports

2 ‘‘(a) ANNUAL REPORT ON HEALTH PROTECTION

3 QUALITY.—(1) The Secretary of Defense shall submit to the

4 Committees on Armed Services of the Senate and the House

5 of Representatives each year a report on the Force Health

6 Protection Quality Assurance Program of the Department

7 of Defense. The report shall include the following matters:

8 ‘‘(A) The results of an audit of the extent to

9 which the serum samples required to be obtained from

10 members of the armed forces before and after a de11 ployment are stored in the serum repository of the

12 Department of Defense.

13 ‘‘(B) The results of an audit of the extent to

14 which the health assessments required for members of

15 the armed forces before and after a deployment are

16 being maintained in the electronic database of the De17 fense Medical Surveillance System.

18 ‘‘(C) An analysis of the actions taken by the De19 partment of Defense personnel to respond to health

20 concerns expressed by members of the armed forces

21 upon return from a deployment.

22 ‘‘(D) An analysis of the actions taken by the Sec23 retary to evaluate or treat members and former mem24 bers of the armed forces who are confirmed to have

25 been exposed to occupational or environmental haz26 ards deleterious to their health during a deployment.
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1 ‘‘(2) The Secretary of Defense shall act through the As2 sistant Secretary of Defense for Health Affairs in carrying

3 out this subsection.

4 ‘‘(b) ANNUAL REPORT ON RECORDING OF HEALTH AS5 SESSMENT DATA IN MILITARY PERSONNEL RECORDS.—The

6 Secretary of Defense shall issue each year a report on the

7 compliance by the military departments with applicable

8 policies on the recording of health assessment data in mili9 tary personnel records. The report shall include a discussion

10 of the extent to which immunization status and

11 predeployment and postdeployment health care data is

12 being recorded in such records.’’.

13 (B) The table of sections at the beginning of

14 such chapter is amended by inserting after the

15 item relating to section 1073a the following new

16 item:

‘‘1073b. Recurring reports.’’.

17 (2) INITIAL REPORT.—The first report under sec18 tion 1073b(a) of title 10, United States Code (as

19 added by paragraph (1)), shall be completed not later

20 than 180 days after the date of the enactment of this

21 Act.

22 (b) INTERNET ACCESSIBILITY OF HEALTH ASSESS23 MENT INFORMATION FOR MEMBERS OF THE ARMED

24 FORCES.—Not later than one year after the date of the en25 actment of this Act, the Chief Information Officer of each
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1 military department shall ensure that the online portal

2 website of that military department includes the following

3 information relating to health assessments:

4 (1) Information on the Department of Defense

5 policies regarding predeployment and postdeployment

6 health assessments, including policies on the following

7 matters:

8 (A) Health surveys.

9 (B) Physical examinations.

10 (C) Collection of blood samples and other

11 tissue samples.

12 (2) Procedural information on compliance with

13 such policies, including the following information:

14 (A) Information for determining whether a

15 member is in compliance.

16 (B) Information on how to comply.

17 (3) Health assessment surveys that are either—

18 (A) web-based; or

19 (B) accessible (with instructions) in

20 printer-ready form by download.

21 SEC. 1310. USE OF CIVILIAN EXPERTS AS CONSULTANTS.

22 Nothing in this title or an amendment made by this

23 title shall be construed to limit the authority of the Sec24 retary of Defense to procure the services of experts outside

25 the Federal Government for performing any function to
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1 comply with requirements for readiness tracking and health

2 surveillance of members of the Armed Forces that are appli3 cable to the Department of Defense.

4 DIVISION B—MILITARY CON5 STRUCTION AUTHORIZA6 TIONS

7 SEC. 2001. SHORT TITLE.

8 This division may be cited as the ‘‘Military Construc9 tion Authorization Act for Fiscal Year 2005’’.

10 TITLE XXI—ARMY

11 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

12 ACQUISITION PROJECTS.

13 (a) INSIDE THE UNITED STATES.—Using amounts ap14 propriated pursuant to the authorization of appropriations

15 in section 2104(a)(1), the Secretary of the Army may ac16 quire real property and carry out military construction

17 projects for the installations and locations inside the United

18 States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or location Amount

Alabama ................................. Anniston Army Depot ...................... $23,690,000

Fort Rucker ....................................... $16,500,000

Alaska ..................................... Fort Richardson ............................... $24,300,000

Fort Wainwright .............................. $92,459,000

Arizona ................................... Fort Huachuca ................................. $18,000,000

California ............................... Fort Irwin ......................................... $38,100,000

Sierra Army Depot .......................... $13,600,000

Colorado ................................. Fort Carson ....................................... $63,158,000

Georgia ................................... Fort Benning .................................... $71,777,000

Fort Gillem ....................................... $5,800,000

Fort McPherson ................................ $4,900,000

Fort Stewart/Hunter Army Air

Field .............................................. $65,495,000

Hawaii ................................... Helemano Military Reservation ...... $75,300,000

Hickam Air Field ............................. $11,200,000

Pohakuloa Training Area ................ $40,000,000
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Army: Inside the United States—Continued

State Installation or location Amount

Schofield Barracks ........................... $162,792,000

Wheeler Army Air Field .................. $24,000,000

Kansas .................................... Fort Riley ......................................... $59,550,000

Kentucky ................................ Fort Campbell ................................... $92,000,000

Fort Knox ......................................... $75,750,000

Louisiana ............................... Fort Polk ........................................... $70,953,000

Maryland ............................... Aberdeen Proving Ground ............... $13,000,000

Missouri ................................. Fort Leonard Wood .......................... $28,150,000

New Mexico ............................ White Sands Missile Range ............. $33,000,000

New York ................................ Fort Drum ........................................ $7,950,000

Fort Hamilton .................................. $7,600,000

Military Entrance Processing Station, Buffalo.$6,200,000

United States Military Academy,

West Point.

$60,000,000

North Carolina ...................... Fort Bragg ........................................ $101,687,000

Oklahoma ............................... Fort Sill ............................................ $14,400,000

Pennsylvania ......................... Letterkenny Depot ............................ $11,400,000

Texas ...................................... Fort Bliss .......................................... $20,100,000

Fort Hood ......................................... $78,088,000

Fort Sam Houston ........................... $11,400,000

Virginia .................................. Fort A.P. Hill ................................... $14,775,000

Fort Myer .......................................... $49,526,000

Washington ............................ Fort Lewis ......................................... $57,200,000

Total .......................................... $1,563,800,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the following

7 table:

Army: Outside the United States

Country Installation or location Amount

Germany .................................. Grafenwoehr ........................................ $77,200,000

Italy ......................................... Livorno ................................................ $26,000,000

Korea ........................................ Camp Humphreys .............................. $12,000,000

Total .................................................... $115,200,000

8 SEC. 2102. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap-
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1 propriations in section 2104(a)(5)(A), the Secretary of the

2 Army may construct or acquire family housing units (in3 cluding land acquisition and supporting facilities) at the

4 installations or locations, for the purposes, and in the

5 amounts set forth in the following table:

Army: Family Housing

State or Country Installation or location Purpose Amount

Alaska .............................. Fort Richardson ................... 92 Units ....... $42,000,000

Fort Wainwright .................. 246 Units ..... $124,000,000

Arizona ............................ Fort Huachuca ..................... 205 Units ..... $41,000,000

Yuma Proving Grounds ...... 55 Units ....... $14,900,000

Kansas ............................. Fort Riley ............................. 126 Units ..... $33,000,000

New Mexico ...................... White Sands Missile Range 156 Units ..... $31,000,000

Oklahoma ......................... Fort Sill ................................ 247 Units ..... $47,000,000

Virginia ........................... Fort Lee ................................ 218 Units ..... $46,000,000

Fort Monroe ......................... 68 Units ....... $16,000,000

Total .... $394,900,000

6 (b) PLANNING AND DESIGN.—Using amounts appro7 priated pursuant to the authorization of appropriations in

8 section 2104(a)(5)(A), the Secretary of the Army may carry

9 out architectural and engineering services and construction

10 design activities with respect to the construction or im11 provement of family housing units in an amount not to

12 exceed $29,209,000.

13 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

14 UNITS.

15 Subject to section 2825 of title 10, United States Code,

16 and using amounts appropriated pursuant to the author17 ization of appropriations in section 2104(a)(5)(A), the Sec18 retary of the Army may improve existing military family

19 housing units in an amount not to exceed $211,990,000.
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1 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

2 (a) IN GENERAL.—Funds are hereby authorized to be

3 appropriated for fiscal years beginning after September 30,

4 2004, for military construction, land acquisition, and mili5 tary family housing functions of the Department of the

6 Army in the total amount of $3,507,891,000, as follows:

7 (1) For military construction projects inside the

8 United States authorized by section 2101(a),

9 $1,534,500,000.

10 (2) For military construction projects outside the

11 United States authorized by section 2101(b),

12 $115,200,000.

13 (3) For unspecified minor military construction

14 projects authorized by section 2805 of title 10, United

15 States Code, $20,000,000.

16 (4) For architectural and engineering services

17 and construction design under section 2807 of title

18 10, United States Code, $154,335,000.

19 (5) For military family housing functions:

20 (A) For construction and acquisition, plan21 ning and design, and improvement of military

22 family housing and facilities, $636,099,000.

23 (B) For support of military family housing

24 (including the functions described in section

25 2833 of title 10, United States Code),

26 $928,907,000.
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1 (6) For the construction of phase 3 of a barracks

2 complex renewal, Capron Road, Schofield Barracks,

3 Hawaii, authorized by section 2101(a) of the Military

4 Construction Authorization Act for Fiscal Year 2003

5 (division B of Public Law 107–314; 116 Stat. 2681),

6 $48,000,000.

7 (7) For the construction of phase 3 of a mainte8 nance complex at Fort Sill, Oklahoma, authorized by

9 section 2101(a) of the Military Construction Author10 ization Act for Fiscal Year 2003 (division B of Public

11 Law 107–314; 116 Stat. 2681), as amended by section

12 2106 of this Act, $13,100,000.

13 (8) For the construction of phase 2 of a barracks

14 complex, 5th and 16th Street, at Fort Stewart/Hunter

15 Army Air Field, Georgia, authorized by section

16 2101(a) of the Military Construction Authorization

17 Act for Fiscal Year 2004 (division B of Public Law

18 108–136; 117 Stat. 1697), as amended by section

19 2105 of this Act, $32,950,000.

20 (9) For the construction of phase 2 of the Lewis

21 and Clark instructional facility, at Fort Leavenworth,

22 Kansas, authorized by section 2101(a) of the Military

23 Construction Authorization Act for Fiscal Year 2004

24 (division B of Public Law 108–136; 117 Stat. 1697),

25 $44,000,000.
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1 (10) For the construction of phase 2 of a bar2 racks complex at Wheeler Sack Army Air Field, Fort

3 Drum, New York, authorized by section 2101(a) of the

4 Military Construction Authorization Act for Fiscal

5 Year 2004 (division B of Public Law 108–136; 117

6 Stat. 1697), as amended by section 2105 of this Act,

7 $48,000,000.

8 (11) For the construction of phase 2 of a bar9 racks complex, Bastogne Drive, at Fort Bragg, North

10 Carolina, authorized by section 2101(a) of the Mili11 tary Construction Authorization Act for Fiscal Year

12 2004 (division B of Public Law 108–136; 117 Stat.

13 1697), $48,000,000.

14 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

15 PROJECTS.—Notwithstanding the cost variations author16 ized by section 2853 of title 10, United States Code, and

17 any other cost variation authorized by law, the total cost

18 of all projects carried out under section 2101 of this Act

19 may not exceed—

20 (1) the total amount authorized to be appro21 priated under paragraphs (1) and (2) of subsection

22 (a);

23 (2) $41,000,000 (the balance of the amount au24 thorized under section 2101(a) for an upgrade to
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1 Drum Road at the Helemano Military Reservation,

2 Hawaii);

3 (3) $25,000,000 (the balance of the amount au4 thorized under section 2101(a) to construct a vehicle

5 maintenance facility at Schofield Barracks, Hawaii);

6 (4) $25,000,000 (the balance of the amount au7 thorized under section 2101(a) for construction of a

8 barracks complex, 42nd Street and Indiana Avenue,

9 at Fort Campbell, Kentucky);

10 (5) $22,000,000 (the balance of the amount au11 thorized under section 2101(a) for the construction of

12 a basic combat training complex at Fort Knox, Ken13 tucky);

14 (6) $31,000,000 (the balance of the amount au15 thorized under section 2101(a) for construction of a

16 barracks complex, Blackjack Street, Fort Bragg, North

17 Carolina); and

18 (7) $25,500,000 (the balance of the amount au19 thorized under section 2101(a) for construction of a

20 library and learning center at the United States Mili21 tary Academy, New York).
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1 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 2004 PROJECTS.

3 The table in section 2101(a) of the Military Construc4 tion Authorization Act for Fiscal Year 2004 (division B

5 of Public Law 108–136; 117 Stat. 1697) is amended—

6 (1) in the item relating to Fort Stewart, Geor7 gia, by striking ‘‘$113,500,000’’ in the amount col8 umn and inserting ‘‘$114,450,000’’;

9 (2) in the item relating to Fort Drum, New

10 York, by striking ‘‘$130,700,000’’ in the amount col11 umn and inserting ‘‘$135,700,000’’; and

12 (3) by striking the amount identified as the total

13 in the amount column and inserting

14 ‘‘$1,043,150,000’’.

15 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT

16 CERTAIN FISCAL YEAR 2003 PROJECT.

17 The table in section 2101(a) of the Military Construc18 tion Authorization Act for Fiscal Year 2003 (division B

19 of Public Law 107–314; 116 Stat. 2681), as amended by

20 section 2105(a)(2) of the Military Construction Authoriza21 tion Act for Fiscal Year 2004 (division B of Public Law

22 108–136; 117 Stat. 1701), is further amended—

23 (1) in the item relating to Fort Sill, Oklahoma,

24 by striking ‘‘$39,652,000’’ in the amount column and

25 inserting ‘‘$40,752,000’’; and
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1 (2) by striking the amount identified as the total

2 in the amount column and inserting

3 ‘‘$1,157,267,000’’.

4 TITLE XXII—NAVY

5 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

6 ACQUISITION PROJECTS.

7 (a) INSIDE THE UNITED STATES.—Using amounts ap8 propriated pursuant to the authorization of appropriations

9 in section 2204(a)(1), the Secretary of the Navy may ac10 quire real property and carry out military construction

11 projects for the installations and locations inside the United

12 States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or location Amount

Arizona ............................. Marine Corps Air Station, Yuma ............. $26,670,000

California ......................... Marine Corps Base, Camp Pendleton ....... $38,455,000

Naval Air Facility, El Centro ................... $54,331,000

Recruit Depot, San Diego .......................... $8,110,000

Connecticut ...................... Naval Submarine Base, New London ....... $50,302,000

District of Columbia ....... Naval Observatory, Washington ................ $3,239,000

Florida .............................. Eglin Air Force Base ................................. $2,060,000

Naval Station, Mayport ............................. $6,200,000

Georgia ............................. Strategic Weapons Facility Atlantic,

Kings Bay ............................................... $16,000,000

Illinois .............................. Naval Training Station, Great Lakes ...... $74,781,000

Maine ................................ Naval Air Station, Brunswick .................. $4,690,000

Portsmouth Naval Station ......................... $7,860,000

Maryland .......................... Naval Surface Warfare Center, Indian

Head ........................................................ $13,900,000

Mississippi ....................... Naval Construction Battalion Center,

Gulfport ................................................... $4,350,000

Nevada .............................. Naval Air Station, Fallon ......................... $4,980,000

North Carolina ................ Marine Corps Air Station, New River ..... $35,140,000

Marine Corps Base, Camp Lejeune ........... $13,420,000

Washington County .................................... $136,900,000

Rhode Island .................... Naval Station Newport .............................. $9,080,000

South Carolina ................ Naval Weapons Station, Charleston .......... $18,140,000

Virginia ............................ Camp Elmore Marine Corps Detachment $13,500,000

Marine Corps Base, Quantico ................... $46,270,000

Naval Air Station, Oceana ........................ $2,770,000

Naval Amphibious Base, Little Creek ....... $2,850,000

Naval Station, Norfolk ............................... $4,330,000

Naval Weapons Station, Yorktown ........... $9,870,000

Washington ...................... Naval Shipyard Puget Sound, Bremerton $20,305,000

Naval Station, Bremerton .......................... $74,125,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Strategic Weapons Facility Pacific, Bangor ............................................................ $131,090,000

Total .................................................... $833,718,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and in

6 the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Diego Garcia .................... Naval Support Facility, Diego Garcia ....... $17,500,000

Guam ................................ Naval Station, Guam ................................... $33,200,000

Italy .................................. Sigonella ........................................................ $22,550,000

Total ...................................................... $73,250,000

7 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap8 propriated pursuant to the authorization of appropriations

9 in section 2204(a)(3), the Secretary of the Navy may ac10 quire real property and carry out military construction

11 projects for the installations or locations, and in the

12 amount, set forth in the following table:

Navy: Unspecified Worldwide

Location Installation or location Amount

Worldwide Unspecified .... Unspecified Worldwide ................................. $52,658,000

Total ...................................................... $52,658,000

13 SEC. 2202. FAMILY HOUSING.

14 Using amounts appropriated pursuant to the author15 ization of appropriations in section 2204(a)(6)(A), the Sec-
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1 retary of the Navy may construct or acquire family housing

2 units (including land acquisition and supporting facilities)

3 at the installations or locations, for the purposes, and in

4 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 Code,

8 and using amounts appropriated pursuant to the author9 ization of appropriations in section 2204(a)(6)(A), the Sec10 retary of the Navy may improve existing military family

11 housing units in an amount not to exceed $112,105,000.

12 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

13 (a) IN GENERAL.—Funds are hereby authorized to be

14 appropriated for fiscal years beginning after September 30,

15 2004, for military construction, land acquisition, and mili16 tary family housing functions of the Department of the

17 Navy in the total amount of $1,843,716,000, as follows:

18 (1) For military construction projects inside the

19 United States authorized by section 2201(a),

20 $694,338,000.
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1 (2) For military construction projects outside the

2 United States authorized by section 2201(b),

3 $73,250,000.

4 (3) For military construction projects at unspec5 ified worldwide locations authorized by section

6 2201(c), $18,560,000.

7 (4) For unspecified minor military construction

8 projects authorized by section 2805 of title 10, United

9 States Code, $12,000,000.

10 (5) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $87,067,000.

13 (6) For military family housing functions:

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military

16 family housing and facilities, $139,107,000.

17 (B) For support of military family housing

18 (including functions described in section 2833 of

19 title 10, United States Code), $704,504,000.

20 (7) For the construction of phase 2 of the ter21 tiary sewage treatment plant at Marine Corps Base,

22 Camp Pendleton, California, authorized by section

23 2201(a) of the Military Construction Authorization

24 Act for Fiscal Year 2004 (division B of Public Law

25 108–136; 117 Stat. 1703), $25,690,000.
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1 (8) For the construction of phase 2 of the general

2 purpose berthing pier at Naval Weapons Station,

3 Earle, New Jersey, authorized by section 2201(a) of

4 the Military Construction Authorization Act for Fis5 cal Year 2004, $49,200,000.

6 (9) For the construction of phase 2 of pier 11 re7 placement at Naval Station, Norfolk, Virginia, au8 thorized by section 2201(a) of the Military Construc9 tion Authorization Act for Fiscal Year 2004,

10 $40,000,000.

11 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

12 PROJECTS.—Notwithstanding the cost variations author13 ized by section 2853 of title 10, United States Code, and

14 any other cost variation authorized by law, the total cost

15 of all projects carried out under section 2201 of this Act

16 may not exceed—

17 (1) the total amount authorized to be appro18 priated under paragraphs (1), (2), and (3) of sub19 section (a);

20 (2) $21,000,000 (the balance of the amount au21 thorized under section 2201(a) for the replacement of

22 an aircraft parking apron and hangar at Naval Air

23 Facility El Centro, California);

24 (3) $70,000,000 (the balance of the amount au25 thorized under section 2201(a) to acquire land inter-
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1 ests for an outlying landing field in Washington

2 County, North Carolina);

3 (4) $95,320,000 (the balance of the amount au4 thorized under section 2201(a) for construction of a

5 limited area production and storage complex at the

6 Strategic Weapons Facility Pacific, Bangor, Wash7 ington); and

8 (5) $40,000,000 (the balance of the amount au9 thorized under section 2201(a) for the construction of

10 a bachelor enlisted quarters at Naval Station Brem11 erton, Washington).

12 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT

13 CERTAIN FISCAL YEAR 2004 PROJECTS.

14 The table in section 2201(a) of the Military Construc15 tion Authorization Act for Fiscal Year 2004 (division B

16 of Public Law 108–136; 117 Stat. 1703) is amended—

17 (1) in the item relating to Various Locations,

18 CONUS, by striking ‘‘$56,360,000’’ in the amount

19 column and inserting ‘‘$61,510,000’’; and

20 (2) by striking the amount identified as the total

21 in the amount column and inserting

22 ‘‘$1,341,022,000’’.
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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 ap5 propriated pursuant to the authorization of appropriations

6 in section 2304(1), the Secretary of the Air Force may ac7 quire real property and carry out military construction

8 projects for the installations and locations inside the United

9 States, and in the amounts, set forth in the following table:

Air Force: Inside the United States

State Installation or location Amount

Alaska ....................................... Elmendorf Air Force Base ................... $54,057,000

Arizona ..................................... Davis-Monthan Air Force Base .......... $10,029,000

Luke Air Force Base ............................ $10,000,000

Arkansas ................................... Little Rock Air Force Base .................. $5,031,000

California ................................. Beale Air Force Base ........................... $10,186,000

Edwards Air Force Base ..................... $9,965,000

Travis Air Force Base ......................... $15,244,000

Colorado .................................... Buckley Air Force Base ....................... $12,247,000

Delaware ................................... Dover Air Force Base ........................... $9,500,000

Florida ...................................... Patrick Air Force Base ........................ $8,800,000

Georgia ...................................... Moody Air Force Base ......................... $9,600,000

Robins Air Force Base ......................... $15,000,000

Hawaii ...................................... Hickam Air Force Base ....................... $34,400,000

Maui Site .............................................. $7,500,000

Louisiana .................................. Barksdale Air Force Base .................... $13,800,000

Maryland .................................. Andrews Air Force Base ...................... $17,100,000

Mississippi ................................ Columbus Air Force Base .................... $7,700,000

Montana .................................... Malmstrom Air Force Base ................. $5,600,000

Nebraska ................................... Offut Air Force Base ............................ $6,721,000

New Mexico ............................... Cannon Air Force Base ....................... $9,500,000

North Carolina ......................... Pope Air Force Base ............................ $15,150,000

North Dakota ............................ Minot Air Force Base .......................... $9,900,000

Ohio ........................................... Wright-Patterson Air Force Base ....... $9,200,000

Oklahoma .................................. Altus Air Force Base ............................ $10,500,000

Tinker Air Force Base ......................... $8,000,000

South Carolina ......................... Shaw Air Force Base ........................... $3,300,000

South Dakota ........................... Ellsworth Air Force Base .................... $11,800,000

Tennessee ................................... Arnold Air Force Base ......................... $22,000,000

Texas ......................................... Dyess Air Force Base ........................... $11,000,000

Lackland Air Force Base ..................... $2,596,000

Sheppard Air Force Base .................... $50,284,000

Utah .......................................... Hill Air Force Base ............................. $20,813,000

Wyoming ................................... F.E. Warren Air Force Base ............... $5,500,000

Total ...................................................... $452,023,000
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1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(2), the Secretary of the Air Force may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the following

7 table:

Air Force: Outside the United States

Country Installation or location Amount

Germany ................................... Ramstein Air Base ............................... $25,404,000

Greenland ................................. Thule Air Base ..................................... $19,800,000

Guam ........................................ Andersen Air Base ............................... $19,593,000

Italy .......................................... Aviano Air Base ................................... $6,760,000

Korea ......................................... Kunsan Air Base .................................. $37,100,000

Osan Air Base ...................................... $18,600,000

Portugal .................................... Lajes Field, Azores ............................... $5,689,000

United Kingdom ...................... Royal Air Force, Lakenheath .............. $5,500,000

Total .............................................. $138,446,000

8 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap9 propriated pursuant to the authorization of appropriations

10 in section 2304(3), the Secretary of the Air Force may ac11 quire real property and carry out military construction

12 projects for the installations and locations, and in the

13 amounts, set forth in the following table:

Air Force: Unspecified Worldwide

Location Installation or location Amount

Worldwide Classified ............... Worldwide Unspecified Classified ....... $28,794,000

Worldwide Unspecified ............ Worldwide Unspecified ........................ $26,121,000

Total .............................................. $54,915,000

14 SEC. 2302. FAMILY HOUSING.

15 (a) CONSTRUCTION AND ACQUISITION.—Using

16 amounts appropriated pursuant to the authorization of ap-
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1 propriations in section 2304(6)(A), the Secretary of the Air

2 Force may construct or acquire family housing units (in3 cluding land acquisition and supporting facilities) at the

4 installations or locations, for the purposes, and in the

5 amounts set forth in the following table:

Air Force: Family Housing

State Installation or location Purpose Amount

Arizona ............................ Davis-Monthan Air Force

Base .................................. 250 Units ..... $48,500,000

California ........................ Edwards Air Force Base ..... 218 Units ..... $41,202,000

Vandenberg Air Force Base 120 Units ..... $30,906,000

Florida ............................. MacDill Air Force Base ...... 61 Units ....... $21,723,000

MacDill Air Force Base ...... Housing

Maintenance Facility.

$1,250,000

Idaho ................................ Mountain Home Air Force

Base .................................. 147 Units ..... $39,333,000

Mississippi ....................... Columbus Air Force Base ... Family

Housing

Management Facility.

$711,000

Missouri ........................... Whiteman Air Force Base ... 160 Units ..... $37,087,000

Montana ........................... Malmstrom Air Force Base 115 Units ..... $29,910,000

North Carolina ................ Seymour Johnson Air Force

Base .................................. 167 Units ..... $32,693,000

North Dakota ................... Grand Forks Air Force Base 90 Units ....... $26,169,000

Minot Air Force Base .......... 142 Units ..... $37,087,000

South Carolina ................ Charleston Air Force Base .. Fire Station $1,976,000

South Dakota .................. Ellsworth Air Force Base .... 75 Units ....... $21,482,000

Texas ................................ Dyess Air Force Base .......... 127 Units ..... $28,664,000

Goodfellow Air Force Base .. 127 Units ..... $20,604,000

Germany .......................... Ramstein Air Base .............. 144 Units ..... $57,691,000

Italy ................................. Aviano Air Base .................. Family

Housing

Office.

$2,542,000

Korea ................................ Osan Air Base ...................... 117 Units ..... $46,834,000

United Kingdom ............. Royal Air Force,

Lakenheath.

154 Units ..... $43,976,000

Total .... $570,340,000

6 (b) PLANNING AND DESIGN.—Using amounts appro7 priated pursuant to the authorization of appropriations in

8 section 2304(6)(A), the Secretary of the Air Force may

9 carry out architectural and engineering services and con10 struction design activities with respect to the construction
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1 or improvement of military family housing units in an

2 amount not to exceed $38,266,000.

3 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

4 UNITS.

5 Subject to section 2825 of title 10, Unites States Code,

6 and using amounts appropriated pursuant to the author7 ization of appropriations in section 2304(6)(A), the Sec8 retary of the Air Force may improve existing military fam9 ily housing units in an amount not to exceed $238,353,000.

10 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

11 FORCE.

12 (a) AUTHORIZATION OF APPROPRIATION.—Funds are

13 hereby authorized to be appropriated for fiscal years begin14 ning after September 30, 2004, for military construction,

15 land acquisition, and military family housing functions of

16 the Department of the Air Force in the total amount of

17 $2,485,542,000, as follows:

18 (1) For military construction projects inside the

19 United States authorized by section 2301(a),

20 $452,023,000.

21 (2) For military construction projects outside the

22 United States authorized by section 2301(b),

23 $138,446,000.
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1 (3) For military construction projects at unspec2 ified worldwide locations authorized by section

3 2301(c), $54,915,000.

4 (4) For unspecified minor construction projects

5 authorized by section 2805 of title 10, United States

6 Code, $13,000,000.

7 (5) For architectural and engineering services

8 and construction design under section 2807 of title

9 10, United States Code, $124,085,000.

10 (6) For military housing functions:

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military

13 family housing and facilities, $846,959,000.

14 (B) For support of military family housing

15 (including functions described in section 2833 of

16 title 10, United States Code), $856,114,000.

17 (b) OFFSET FOR CERTAIN MILITARY CONSTRUCTION

18 PROJECT.—The amount authorized to be appropriated by

19 section 421 for military personnel is hereby reduced by

20 $5,500,000, with the amount of the reduction to be derived

21 from excess amounts authorized for military personnel of

22 the Air Force.
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1 TITLE XXIV—DEFENSE

2 AGENCIES

3 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 (a) INSIDE THE UNITED STATES.—Using amounts ap6 propriated pursuant to the authorization of appropriations

7 in section 2404(a)(1), the Secretary of Defense may acquire

8 real property and carry out military construction projects

9 for the installations and locations inside the United States,

10 and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Intelligence Agency ..... Bolling Air Force Base, District of

Columbia ........................................... $6,000,000

Defense Logistics Agency ......... Defense Distribution Depot, New

Cumberland, Pennsylvania ............. $22,300,000

Defense Distribution Depot, Richmond, Virginia ................................. $10,100,000

Defense Fuel Support Point, Naval

Air Station Oceana, Virginia ......... $3,589,000

Marine Corps Air Station, Cherry

Point, North Carolina ..................... $22,700,000

Naval Air Station, Kingsville, Texas $3,900,000

Naval Station, Pearl Harbor, Hawaii $3,500,000

Tinker Air Force Base, Oklahoma ...... $5,400,000

Travis Air Force Base, California ...... $15,100,000

Missile Defense Agency ............ Huntsville, Alabama ............................ $19,560,000

National Security Agency ....... Fort Meade, Maryland ......................... $15,007,000

Special Operations Command Corona, California ............................... $13,600,000

Fleet Combat Training Center, Dam

Neck, Virginia .................................. $5,700,000

Fort A.P. Hill, Virginia ...................... $1,500,000

Fort Bragg, North Carolina ................ $42,888,000

Fort Campbell, Kentucky ..................... $3,500,000

Fort Stewart/Hunter Army Air Field,

Georgia .............................................. $17,600,000

Naval Air Station, North Island,

California ......................................... $1,000,000

Naval Amphibious Base, Little Creek,

Virginia ............................................. $33,200,000

Stennis Center, Mississippi ................. $6,000,000

Tri-Care Management Activity Buckley Air Force Base, Colorado ...... $2,100,000

Fort Belvoir, Virginia .......................... $100,000,000

Fort Benning, Georgia ......................... $7,100,000

Jacksonville, Florida ............................ $28,438,000

Langley Air Force Base, Virginia ...... $50,800,000

Marine Corps Recruit Depot, Parris

Island, South Carolina .................... $25,000,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Total .............................................. $465,582,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the following

7 table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Agency ...... Grafenwoehr, Germany ........................ $36,247,000

Vilseck, Germany .................................. $9,011,000

Naval Station, Guam ........................... $26,964,000

Defense Logistics Agency ......... Defense Fuel Support Point, Lajes

Field, Portugal.

$19,113,000

Special Operations Command Naval Station, Guam, Marianas Islands.$2,200,000

Tri-Care Management Activity Diego Garcia ......................................... $3,800,000

Grafenwoehr, Germany ........................ $13,000,000

Total .............................................. $110,335,000

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts

9 appropriated pursuant to the authorization of 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 and locations, and in the

13 amounts, set forth in the following table:

Defense Agencies: Unspecified Worldwide

Location Installation or location Amount

Worldwide Classified ............... Worldwide Unspecified Classified ....... $7,400,000

Worldwide Unspecified ............ Worldwide Unspecified ........................ $2,900,000

Total .............................................. $10,300,000
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1 SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States Code,

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2404(a)(9)(A), the Sec6 retary of Defense may improve existing military family

7 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 Code,

13 in the amount of $60,000,000.

14 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

15 AGENCIES.

16 (a) IN GENERAL.—Funds are hereby authorized to be

17 appropriated for fiscal years beginning after September 30,

18 2004, for military construction, land acquisition, and mili19 tary family housing functions of the Department of Defense

20 (other than the military departments) in the total amount

21 of $1,062,463,000, as follows:

22 (1) For military construction projects inside the

23 United States authorized by section 2401(a),

24 $408,582,000.
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1 (2) For military construction projects outside the

2 United States authorized by section 2401(b),

3 $110,335,000.

4 (3) For the military construction projects at un5 specified worldwide locations authorized by section

6 2401(c), $10,300,000.

7 (4) For unspecified minor military construction

8 projects under section 2805 of title 10, United States

9 Code, $20,938,000.

10 (5) For contingency construction projects of the

11 Secretary of Defense under section 2804 of title 10,

12 United States Code, $10,000,000.

13 (6) For architectural and engineering services

14 and construction design under section 2807 of title

15 10, United States Code, $62,182,000.

16 (7) For energy conservation projects authorized

17 by section 2404, $60,000,000.

18 (8) For base closure and realignment activities

19 as authorized by the Defense Base Closure and Re20 alignment Act of 1990 (part A of title XXIX of Public

21 Law 101–510; 10 U.S.C. 2687 note), $246,116,000.

22 (9) For military family housing functions:

23 (A) For improvement of military family

24 housing and facilities, $49,000.
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1 (B) For support of military family housing

2 (including functions described in section 2833 of

3 title 10, United States Code), $49,575,000.

4 (C) For credit to the Department of Defense

5 Family Housing Improvement Fund established

6 by section 2883(a)(1) of title 10, United States

7 Code, $2,500,000.

8 (10) For the construction of phase 6 of a muni9 tions demilitarization facility at Pueblo Chemical Ac10 tivity, Colorado, authorized by section 2401(a) of the

11 Military Construction Authorization Act for Fiscal

12 Year 1997 (division B of Public Law 104–201; 110

13 Stat. 2775), as amended by section 2406 of the Mili14 tary Construction Authorization Act for Fiscal Year

15 2000 (division B of Public Law 106–65; 113 Stat.

16 839) and section 2407 of the Military Construction

17 Authorization Act for Fiscal Year 2003 (division B of

18 Public Law 107–314; 116 Stat. 2698), $44,792,000.

19 (11) For the construction of phase 5 of a muni20 tions demilitarization facility at Blue Grass Army

21 Depot, Kentucky, authorized by section 2401(a) of the

22 Military Construction Authorization Act for Fiscal

23 Year 2000 (division B of Public Law 106–65; 113

24 Stat. 835), as amended by section 2405 of the Mili25 tary Construction Authorization Act of 2002 (division
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1 B of Public Law 107–107; 115 Stat. 1298) and sec2 tion 2405 of the Military Construction Authorization

3 Act for Fiscal Year 2003 (division B of Public Law

4 107–314; 116 Stat. 2698), $37,094,000.

5 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

6 PROJECTS.—Notwithstanding the cost variations author7 ized by section 2853 of title 10, United States Code, and

8 any other cost variation authorized by law, the total cost

9 of all projects carried out under section 2401 of this Act

10 may not exceed—

11 (1) the total amount authorized to be appro12 priated under paragraphs (1), (2), and (3) of sub13 section (a); and

14 (2) $57,000,000 (the balance of the amount au15 thorized under section 2401(a) for the replacement of

16 a hospital at Fort Belvoir, Virginia).

17 TITLE XXV—NORTH ATLANTIC

18 TREATY ORGANIZATION SE19 CURITY INVESTMENT PRO20 GRAM

21 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

22 ACQUISITION PROJECTS.

23 The Secretary of Defense may make contributions for

24 the North Atlantic Treaty Organization Security Invest25 ment program as provided in section 2806 of title 10,
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1 United States Code, in an amount not to exceed the sum

2 of the amount authorized to be appropriated for this pur3 pose in section 2502 and the amount collected from the

4 North Atlantic Treaty Organization as a result of construc5 tion previously financed by the United States.

6 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

7 Funds are hereby authorized to be appropriated for fis8 cal years beginning after September 30, 2004, for contribu9 tions by the Secretary of Defense under section 2806 of title

10 10, United States Code, for the share of the United States

11 of the cost of projects for the North Atlantic Treaty Organi12 zation Security Investment program authorized by section

13 2501, in the amount of $165,800,000.

14 TITLE XXVI—GUARD AND

15 RESERVE FORCES FACILITIES

16 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC17 TION AND LAND ACQUISITION PROJECTS.

18 There are authorized to be appropriated for fiscal

19 years beginning after September 30, 2004, for the costs of

20 acquisition, architectural and engineering services, and

21 construction of facilities for the Guard and Reserve Forces,

22 and for contributions therefor, under chapter 1803 of title

23 10, United States Code (including the cost of acquisition

24 of land for those facilities), the following amounts:

25 (1) For the Department of the Army—
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1 (A) for the Army National Guard of the

2 United States, $361,072,000; and

3 (B) for the Army Reserve, $63,047,000.

4 (2) For the Department of the Navy, for the

5 Naval and Marine Corps Reserve, $25,285,000.

6 (3) For the Department of the Air Force—

7 (A) for the Air National Guard of the

8 United States, $214,418,000; and

9 (B) for the Air Force Reserve, $99,206,000.

10 TITLE XXVII—EXPIRATION AND

11 EXTENSION OF AUTHORIZA12 TIONS

13 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

14 AMOUNTS REQUIRED TO BE SPECIFIED BY

15 LAW.

16 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

17 YEARS.—Except as provided in subsection (b), all author18 izations contained in titles XXI through XXVI for military

19 construction projects, land acquisition, family housing

20 projects and facilities, and contributions to the North At21 lantic Treaty Organization Security Investment program

22 (and authorizations of appropriations therefor) shall expire

23 on the later of—

24 (1) October 1, 2007; or
†

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1 (2) the date of the enactment of an Act author2 izing funds for military construction for fiscal year

3 2008.

4 (b) EXCEPTION.—Subsection (a) shall not apply to au5 thorizations for military construction projects, land acqui6 sition, family housing projects and facilities, and contribu7 tions to the North Atlantic Treaty Organization Security

8 Investment program (and authorizations of appropriations

9 therefor) for which appropriated funds have been obligated

10 before the later of—

11 (1) October 1, 2007; or

12 (2) the date of the enactment of an Act author13 izing funds for fiscal year 2008 for military construc14 tion projects, land acquisition, family housing

15 projects and facilities, and contributions to the North

16 Atlantic Treaty Organization Security Investment

17 program.

18 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

19 FISCAL YEAR 2002 PROJECTS.

20 (a) EXTENSION OF CERTAIN PROJECTS.—Notwith21 standing section 2701 of the National Defense Authorization

22 Act for Fiscal Year 2001 (division B of Public Law 107–

23 107; 115 Stat. 1301), authorizations set forth in the tables

24 in subsection (b), as provided in section 2101 or 2302 of

25 that Act, shall remain in effect until October 1, 2005, or
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1 the date of the enactment of an Act authorizing funds for

2 military construction for fiscal year 2006, whichever is

3 later.

4 (b) TABLES.—The tables referred to in subsection (a)

5 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

Air Force: Extension of 2002 Project Authorizations

State Installation or location Project Amount

Colorado .......................... Buckley Air Force Base Construct Family Housing

(55 Units) .... $11,400,000

Louisiana ........................ Barksdale Air Force

Base ............................ Replace Family

Housing (56

Units) ........... $7,300,000

6 SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN

7 FISCAL YEAR 2001 PROJECT.

8 (a) EXTENSION.—Notwithstanding section 2701 of the

9 Military Construction Authorization Act for Fiscal Year

10 2001 (division B of the Floyd D. Spence National Defense

11 Authorization Act for Fiscal Year 2001 (as enacted into law

12 by Public Law 106–398; 114 Stat. 1654A–407)), authoriza13 tions set forth in the table in subsection (b), as provided

14 in section 2102 of that Act and extended by section 2702

15 of the Military Construction Authorization Act for Fiscal
†

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1 Year 2004 (division B of Public Law 108–136; 117 Stat.

2 1716), shall remain in effect until October 1, 2005, or the

3 date of the enactment of an Act authorizing funds for mili4 tary construction for fiscal year 2006, whichever is later.

5 (b) TABLE.—The table referred to in subsection (a) is

6 as follows:

Army: Extension of 2001 Project Authorization

State Installation or location Project Amount

South Carolina ............... Fort Jackson .................. New Construction–Family

Housing (1

Unit) ............. $250,000

7 SEC. 2704. EFFECTIVE DATE.

8 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of

9 this Act shall take effect on the later of—

10 (1) October 1, 2004; or

11 (2) the date of the enactment of this Act.

12 TITLE XXVIII—GENERAL

13 PROVISIONS

14 Subtitle A—Military Construction

15 Program and Military Family

16 Housing Changes

17 SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED

18 MINOR MILITARY CONSTRUCTION PROJECTS.

19 (a) INCREASE.—Section 2805(a)(1) of title 10, United

20 States Code, is amended—

21 (1) by striking ‘‘$1,500,000’’ and inserting

22 ‘‘$2,500,000’’; and
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1 (2) by striking ‘‘$3,000,000’’ and inserting

2 ‘‘$4,000,000’’.

3 (b) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall take effect on October 1, 2004.

5 SEC. 2802. MODIFICATION OF APPROVAL AND NOTICE RE6 QUIREMENTS FOR FACILITY REPAIR

7 PROJECTS.

8 (a) INCREASE IN THRESHOLD FOR APPROVAL RE9 QUIREMENT.—Subsection (b) of section 2811 of title 10,

10 United States Code, is amended by striking ‘‘$5,000,000’’

11 and inserting ‘‘$7,500,000’’.

12 (b) INFORMATION REQUIRED IN COST ESTIMATE FOR

13 MULTI-YEAR PROJECTS.—Subsection (d)(1) of such section

14 is amended by inserting before the semicolon the following:

15 ‘‘, including, in the case of a multi-year repair project to

16 a single facility, the total cost of all phases of such project’’.

17 (c) EFFECTIVE DATE.—The amendments made by this

18 section shall take effect on October 1, 2004.

19 SEC. 2803. ADDITIONAL REPORTING REQUIREMENTS RE20 LATING TO ALTERNATIVE AUTHORITY FOR

21 ACQUISITION AND IMPROVEMENT OF MILI22 TARY HOUSING.

23 (a) PROJECT REPORTS.—Paragraph (2) of subsection

24 (a) of section 2884 of title 10, United States Code, is

25 amended to read as follows:
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1 ‘‘(2) The report on a proposed contract, conveyance,

2 or lease under paragraph (1) shall include the following:

3 ‘‘(A) A description of the contract, conveyance,

4 or lease, including a summary of the terms of the con5 tract, conveyance, or lease.

6 ‘‘(B) A description of the authorities to be uti7 lized in entering into the contract, conveyance, or

8 lease and the intended method of participation of the

9 United States in the contract, conveyance, or lease

10 (including a justification of the intended method of

11 participation).

12 ‘‘(C) A statement of the scored cost of the con13 tract, conveyance, or lease (as determined by the Of14 fice of Management and Budget).

15 ‘‘(D) A statement of the United States funds re16 quired for the contract, conveyance, or lease and a de17 scription of the source of such funds.

18 ‘‘(E) An economic assessment of the life cycle

19 costs of the contract, conveyance, or lease, including

20 an estimate of the amount of United States funds that

21 would be paid over the life of the contract, convey22 ance, or lease from amounts derived from payments

23 of government allowances (including basic allowance

24 for housing under section 403 of title 37) if the hous25 ing affected by the project were fully occupied by
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1 military personnel over the life of the contract, con2 veyance, or lease.’’.

3 (b) ANNUAL REPORTS.—Subsection (b) of such section

4 is amended—

5 (1) by redesignating paragraph (5) as para6 graph (6); and

7 (2) by inserting after paragraph (4) the fol8 lowing new paragraph (5):

9 ‘‘(5) A report setting forth—

10 ‘‘(A) an estimate of the amounts of basic al11 lowance for housing under section 403 of title 37

12 that will be paid during the fiscal year in which

13 the budget is submitted to members of the armed

14 forces living in housing provided under the au15 thorities in this subchapter during such fiscal

16 year, set forth by armed force; and

17 ‘‘(B) an estimate of the amounts of basic al18 lowance for housing that will be paid during the

19 fiscal year for which the budget is submitted to

20 members of the armed forces living in such hous21 ing during such fiscal year, set forth by armed

22 force.’’.
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1 SEC. 2804. MODIFICATION OF AUTHORITIES UNDER ALTER2 NATIVE AUTHORITY FOR ACQUISITION AND

3 IMPROVEMENT OF MILITARY HOUSING.

4 (a) REQUIREMENTS FOR CONTRACTS FOR LEASING OF

5 HOUSING.—Section 2874 of title 10, United States Code,

6 is amended by striking subsection (b) and inserting the fol7 lowing new subsection (b):

8 ‘‘(b) CONTRACT TERMS.—Any contract for the lease of

9 housing units under subsection (a) shall include the fol10 lowing provisions:

11 ‘‘(1) That the obligation of the United States to

12 make payments under such contract in any fiscal

13 year shall be subject to appropriations being available

14 for such fiscal year and specifically for the project

15 covered by such contract.

16 ‘‘(2) A commitment to obligate the necessary

17 amount for a fiscal year covered by such contract

18 when and to the extent that funds are appropriated

19 for the project covered by such contract.

20 ‘‘(3) That the commitment described in para21 graph (2) does not constitute an obligation of the

22 United States.’’.

23 (b) INVESTMENTS SUBJECT TO AVAILABILITY OF AP24 PROPRIATIONS.—Section 2875(a) of such title is amended

25 by inserting ‘‘, subject to the availability of appropriations

26 for such purpose,’’ after ‘‘may’’.
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1 (c) REPEAL OF CERTAIN AUTHORITIES.—

2 (1) RENTAL GUARANTEES.—Section 2876 of such

3 title is repealed.

4 (2) DIFFERENTIAL LEASE PAYMENTS.—Section

5 2877 of such title is repealed.

6 (3) ASSIGNMENT OF MEMBERS OF THE ARMED

7 FORCES TO HOUSING UNITS.—Section 2882 of such

8 title is repealed.

9 (d) INCREASE IN AMOUNT OF BUDGET AUTHORITY

10 FOR MILITARY FAMILY HOUSING.—Section 2883(g)(1) of

11 such title is amended by striking ‘‘$850,000,000’’ and in12 serting ‘‘$850,000,001’’.

13 (e) CLERICAL AMENDMENTS.—The table of sections at

14 the beginning of subchapter IV of chapter 169 of such title

15 is amended by striking the items relating to sections 2876,

16 2877, and 2882.

17 Subtitle B—Real Property and

18 Facilities Administration

19 SEC. 2811. RECODIFICATION AND CONSOLIDATION OF CER20 TAIN AUTHORITIES AND LIMITATIONS RELAT21 ING TO REAL PROPERTY ADMINISTRATION.

22 (a) CERTAIN PROVISIONS ON LAND ACQUISITION.—

23 (1) RECODIFICATION.—Section 2661 of title 10,

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

25 the following new subsections:
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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 2 percent of the

5 purchase price.

6 ‘‘(d) AVAILABILITY OF FUNDS FOR ACQUISITION OF

7 CERTAIN INTERESTS IN LANDS.—Appropriations available

8 to the Department of Defense for operation and mainte9 nance or construction may be used for the following:

10 ‘‘(1) The acquisition of land or interests in land

11 under section 2672 of this title.

12 ‘‘(2) The acquisition of interests in land under

13 section 2675 of this title.’’.

14 (2) STYLISTIC AMENDMENTS.—Such section is

15 further amended—

16 (A) in subsection (a), by inserting ‘‘AVAIL17 ABILITY OF FUNDS FOR REPAIR OF FACILITIES

18 AND FOR INSTALLATION OF EQUIPMENT.—’’

19 after ‘‘(a)’’; and

20 (B) in subsection (b), by inserting ‘‘LEASES;

21 DEFENSE ACCESS ROADS.—’’ after ‘‘(b)’’.

22 (b) CERTAIN PROVISIONS ON USE OF FACILITIES.—

23 Section 2679 of such title is amended to read as follows:
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1 ‘‘§ 2679. Use of facilities: use by private organizations;

2 use as polling places

3 ‘‘(a) USE OF SPACE AND EQUIPMENT BY VETERANS

4 SERVICE ORGANIZATIONS.—(1) Upon certification to the

5 Secretary concerned by the Secretary of Veterans Affairs,

6 the Secretary concerned shall allow accredited, paid, full7 time representatives of the organizations named in section

8 5902 of title 38, or of other organizations recognized by the

9 Secretary of Veterans Affairs, to function on military in10 stallations under the jurisdiction of the Secretary concerned

11 that are on land and from which persons are discharged

12 or released from active duty.

13 ‘‘(2) The commanding officer of a military installation

14 allowing representatives to function on the installation

15 under paragraph (1) shall allow the representatives to use

16 available space and equipment at the installation.

17 ‘‘(3) The regulations prescribed to carry out section

18 2679 of title 10, United States Code (as in effect on the

19 day before the date of the enactment of the National Defense

20 Authorization Act for Fiscal Year 2005), that are in effect

21 on January 1, 1958, shall remain in effect until changed

22 by joint action of the Secretary concerned and the Secretary

23 of Veterans Affairs.

24 ‘‘(4) This subsection does not authorize the violation

25 of measures of military security.
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1 ‘‘(b) LICENSES TO AMERICAN NATIONAL RED CROSS

2 FOR ERECTION AND USE OF BUILDINGS.—(1) Under such

3 conditions as the Secretary concerned may prescribe, such

4 Secretary may issue a revocable license to the American Na5 tional Red Cross to—

6 ‘‘(A) erect and maintain, on any military in7 stallation under the jurisdiction of such Secretary,

8 buildings for the storage of supplies; or

9 ‘‘(B) use, for the storage of supplies, buildings

10 erected by the United States.

11 ‘‘(2) Supplies stored in buildings erected or used under

12 this subsection are available to aid the civilian population

13 in a serious national disaster.

14 ‘‘(c) USE OF CERTAIN FACILITIES AS POLLING

15 PLACES.—(1) Notwithstanding chapter 29 of title 18 (in16 cluding sections 592 and 593 of such title) or any other

17 provision of law, the Secretary of Defense or Secretary of

18 a military department may not (except as provided in

19 paragraph (3)) prohibit the designation or use of a quali20 fying facility under the jurisdiction of such Secretary as

21 an official polling place for Federal, State, or local elec22 tions.

23 ‘‘(2) A Department of Defense facility is a qualifying

24 facility for purposes of this subsection if as of December

25 31, 2000—
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1 ‘‘(A) the facility is designated as an official poll2 ing place by a State or local election official; or

3 ‘‘(B) the facility has been used as such an offi4 cial polling place since January 1, 1996.

5 ‘‘(3) The limitation in paragraph (1) may be waived

6 by the Secretary of Defense or the Secretary of a military

7 department with respect to a particular Department of De8 fense facility if such Secretary determines that local secu9 rity conditions require prohibition of the designation or use

10 of that facility as an official polling place for any elec11 tion.’’.

12 (c) REPEAL OF SUPERSEDED PROVISIONS.—Sections

13 2666, 2670, and 2673 of such title are repealed.

14 (d) CLERICAL AMENDMENTS.—The table of sections for

15 chapter 159 of such title is amended—

16 (1) by striking the items relating to sections

17 2666, 2670, and 2673; and

18 (2) by striking the item relating to section 2679

19 and inserting the following new item:

‘‘Sec. 2679. Use of facilities: use by private organizations; use as polling places.’’.

20 SEC. 2812. MODIFICATION AND ENHANCEMENT OF AU21 THORITIES ON FACILITIES FOR RESERVE

22 COMPONENTS.

23 (a) INTERESTS IN LAND.—

24 (1) DEFINITION OF TERM.—Section 18232 of

25 title 10, United States Code, is amended—
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1 (A) by striking paragraph (2);

2 (B) by redesignating paragraph (3) as

3 paragraph (4); and

4 (C) by inserting after paragraph (1) the fol5 lowing new paragraphs:

6 ‘‘(2) The term ‘facility’ includes any armory,

7 readiness center, building, structure, or other im8 provement of real property needed for the administra9 tion and training of any unit of the reserve compo10 nents of the armed forces.

11 ‘‘(3) The term ‘interest in land’ includes a fee

12 title, lease, easement, license, permit, or agreement on

13 use of a parcel of real property needed for the admin14 istration and training of any unit of the reserve com15 ponents of the armed forces.’’.

16 (2) UTILIZATION OF TERM.—(A) Section

17 18231(1) of such title is amended by inserting before

18 the semicolon the following: ‘‘, and the acquisition of

19 interests in land for such purposes’’.

20 (B) Section 18233 of such title is amended—

21 (i) in subsection (a), by inserting ‘‘or inter22 ests in land’’ after ‘‘facilities’’ each place it ap23 pears; and

24 (ii) in subsection (f)(2), by striking ‘‘real

25 property’’ and inserting ‘‘interests in land’’.
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1 (C) Section 18233a(a)(1) of such title is amend2 ed by inserting ‘‘or interest in land’’ after ‘‘facility’’.

3 (b) MODIFICATION AND ENHANCEMENT OF ACQUISI4 TION AUTHORITY.—Section 18233 of such title is further

5 amended—

6 (1) in subsection (a)—

7 (A) in the matter preceding paragraph (1),

8 by striking ‘‘and to’’ and inserting ‘‘chapters 159

9 and 169 of this title, and’’; and

10 (B) in paragraph (1), by striking ‘‘trans11 fer,’’ and inserting ‘‘transfer from a military de12 partment, another department or agency of the

13 Federal Government, or a State agency,’’; and

14 (2) in subsection (f)(2), by striking ‘‘exchange of

15 Government-owned land, or otherwise’’ and inserting

16 ‘‘or exchange of Government-owned land’’.

17 (c) AUTHORITY TO CARRY OUT SMALL PROJECTS.—

18 (1) MODIFICATION OF LIMITATION ON AUTHOR19 ITY.—Section 18233a(a) of such title is further

20 amended—

21 (A) in paragraph (1), by striking

22 ‘‘$1,500,000’’ and inserting ‘‘$750,000’’; and

23 (B) in paragraph (2), by adding at the end

24 the following new subparagraph:
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1 ‘‘(D) A repair project (as that term is defined in

2 section 2811(e) of this title) costing less than

3 $10,000,000.’’.

4 (2) RECODIFICATION OF AUTHORITY TO CARRY

5 OUT WITH OPERATION AND MAINTENANCE FUNDS.—

6 Chapter 1803 of title 10, United States Code, is

7 amended by inserting after section 18233a the fol8 lowing new section:

9 ‘‘§ 18233b. Authority to carry out small projects with

10 operation and maintenance funds

11 ‘‘Under such regulations as the Secretary of Defense

12 may prescribe, the Secretary may spend, from appropria13 tions available for operation and maintenance, amounts

14 necessary to carry out any project authorized under section

15 18233(a) of this title costing not more than—

16 ‘‘(1) the amount specified in section

17 2805(c)(1)(A) of this title, in the case of a project in18 tended solely to correct a deficiency that is life-threat19 ening, health-threatening, or safety-threatening; or

20 ‘‘(2) the amount specified in section

21 2805(c)(1)(B) of this title, in the case of any other

22 project.’’.

23 (3) REPEAL OF SUPERSEDED AUTHORITY.—Sec24 tion 18233a of such title is amended by striking sub25 section (b).
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1 (4) CONFORMING AMENDMENTS.—Section 18233a

2 of such title is further amended—

3 (A) by striking ‘‘(1) Except as provided in

4 paragraph (2)’’ and inserting ‘‘Except as pro5 vided in subsection (b)’’; and

6 (B) by redesignating paragraph (2) as sub7 section (b) and in that subsection, as so

8 redesignated—

9 (i) by striking ‘‘Paragraph (1)’’ and

10 inserting ‘‘Subsection (a)’’;

11 (ii) by redesignating subparagraphs

12 (A), (B), (C), and (D) as paragraphs (1),

13 (2), (3), and (4), respectively; and

14 (iii) in paragraph (2), as so

15 redesignated—

16 (I) by redesignating clauses (i)

17 and (ii) as subparagraphs (A) and

18 (B), respectively; and

19 (II) in subparagraph (B), as so

20 redesignated, by striking ‘‘(I) 25 per21 cent, or (II)’’ and inserting ‘‘(i) 25

22 percent, or (ii)’’.

23 (5) CLERICAL AMENDMENTS.—(A) The heading

24 of section 18233a of such title is amended to read as

25 follows:
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1 ‘‘§ 18233a. Limitation on certain projects’’.

2 (B) The table of sections at the beginning of

3 chapter 1803 of such title is amended by striking the

4 item relating to section 18233a and inserting the fol5 lowing new items:

‘‘18233a. Limitation on certain projects.

‘‘18233b. Authority to carry out small projects with operation and maintenance

funds.’’.

6 SEC. 2813. AUTHORITY TO EXCHANGE OR SELL RESERVE

7 COMPONENT FACILITIES AND LANDS TO OB8 TAIN NEW RESERVE COMPONENT FACILITIES

9 AND LANDS.

10 (a) IN GENERAL.—The Secretary of Defense may au11 thorize each Secretary of a military department to carry

12 out projects to assess the feasibility and advisability of ob13 taining new facilities and lands for the reserve components

14 of such department through the exchange or sale of existing

15 facilities or lands of such reserve components.

16 (b) TRANSACTIONS AUTHORIZED.—Pursuant to the

17 authority under subsection (a), the Secretary of a military

18 department may carry out any transaction as follows:

19 (1) An exchange of an existing facility or exist20 ing interest in land of a reserve component of such

21 department for a new facility, an interest in land, or

22 an addition to an existing facility for the reserve

23 component.
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1 (2) A sale of an existing facility or existing in2 terest in land of a reserve component of such depart3 ment with the proceeds of sale used to acquire a new

4 facility, an interest in land, or an addition to an ex5 isting facility for the reserve component.

6 (3) A combination of an exchange and sale of an

7 existing facility, interest in land, or both of a reserve

8 component of such department with the use of the ex9 change allowance and proceeds of sale to acquire a fa10 cility, an interest in land, or an addition to an exist11 ing facility for the reserve component.

12 (c) FACILITIES AND LANDS SUBJECT TO TRANS13 ACTION.—A facility or interest in land of a reserve compo14 nent that may be exchanged or sold pursuant to the author15 ity under subsection (a) is any facility or interest in land

16 under the control of the military department concerned that

17 is not excess property, as that term is defined in section

18 102(3) of title 40, United States Code.

19 (d) FAIR MARKET VALUE TO BE OBTAINED IN TRANS20 ACTION.—In any exchange or sale of an existing facility

21 pursuant to the authority under subsection (a), the United

22 States shall receive cash, a replacement facility or addition

23 to an existing facility, an interest in land, or a combination

24 thereof of in an amount not less than the fair market value
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1 of the existing facility, as determined by the Secretary of

2 the military department concerned.

3 (e) REQUIREMENTS FOR REPLACEMENT FACILITIES.—

4 (1) A facility obtained as a replacement facility for an ex5 isting facility, or as an addition to an existing facility,

6 pursuant to the authority under subsection (a) shall, as de7 termined by the Secretary of the military department

8 concerned—

9 (A) be complete and usable, fully functional, and

10 ready for occupancy, and satisfy fully all operational

11 requirements of the existing facility; and

12 (B) meet all applicable Federal, State, and local

13 requirements relating to health, safety, fire, and the

14 environment.

15 (2) A facility obtained as a replacement facility for

16 an existing facility, or as an addition to an existing facil17 ity, pursuant to the authority under subsection (a) shall

18 meet the requirements specified in subparagraphs (A) and

19 (B) of paragraph (1) before the conclusion of the exchange

20 or sale of the existing facility concerned.

21 (f) AGREEMENT REQUIRED.—The Secretary of a mili22 tary department shall carry out each transaction pursuant

23 to the authority under subsection (a) through an agreement

24 for that purpose entered into by such Secretary and the per25 son or entity carrying out the transaction.
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1 (g) SELECTION AMONG COMPETING PARTICIPANTS.—

2 (1) If more than one person or entity notifies the Secretary

3 of a military department of an interest in carrying out a

4 transaction pursuant to the authority under subsection (a),

5 the Secretary shall, except as provided in paragraph (2),

6 select the person or entity to carry out the transaction

7 through the use of competitive procedures.

8 (2) The Secretary of a military department may use

9 procedures other than competitive procedures to select

10 among persons and entities to carry out a transaction pur11 suant to the authority under subsection (a), but only in

12 accordance with subsections (c) through (f) of section 2304

13 of title 10, United States Code.

14 (h) NOTICE AND WAIT REQUIREMENT.—(1) The Sec15 retary of a military department may not enter into an

16 agreement pursuant to the authority under subsection (a)

17 until 30 days after the date on which such Secretary sub18 mits to the congressional defense committees a report on the

19 agreement.

20 (2) A report on an agreement under paragraph (1)

21 shall include the following:

22 (A) A description of terms of the agreement, in23 cluding a description of any funds to be received by

24 the United States under the agreement and the pro25 posed use of such funds.
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1 (B) A description of the existing facility, interest

2 in land, or both of a reserve component covered by the

3 agreement, including the fair market value of such fa4 cility, interest in land, or both and the method of de5 termination of such fair market value.

6 (C) Data on the facility or addition to an exist7 ing facility, if any, to be received by the United

8 States under the agreement, which data shall meet re9 quirements for data to be provided Congress for mili10 tary construction projects to obtain a similar facility

11 or addition to an existing facility.

12 (D) A certification that the existing facility, in13 terest in land, or both of a reserve component covered

14 by the agreement is not required by another military

15 department.

16 (3) Section 2662 of title 10, United States Code, shall

17 not apply to any transaction carried out pursuant to the

18 authority under subsection (a).

19 (i) TREATMENT OF FUNDS RECEIVED IN TRANS20 ACTIONS.—(1) The Secretary of a military department

21 shall deposit in a special account in the Treasury estab22 lished for such purpose pursuant to section 572(b) of title

23 40, United States Code, any amounts received pursuant to

24 an agreement entered into by such Secretary pursuant to

25 the authority under subsection (a).
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1 (2) Amounts deposited by the Secretary of a military

2 department under paragraph (1) in the account established

3 by such Secretary under that paragraph with respect to an

4 agreement shall be available to such Secretary, without fur5 ther appropriation, as follows:

6 (A) For the construction or acquisition of facili7 ties, or of additions to existing facilities, for the re8 serve component concerned at the location to which

9 such agreement applies.

10 (B) To the extent that such amounts are not re11 quired for purposes of subparagraph (A), for mainte12 nance, protection, alteration, repair, improvement, or

13 restoration (including environmental restoration) of

14 facilities or property of the reserve component con15 cerned at the location to which such agreement ap16 plies.

17 (3) Amounts available under paragraph (2) shall re18 main available until expended.

19 (j) SOLE AUTHORITY FOR EXCHANGES OF FACILITIES

20 AND LANDS.—Except as otherwise specifically authorized

21 by law, during the period of the authority under subsection

22 (a), the authority under that subsection to exchange facili23 ties or interests in land of the reserve components to obtain

24 facilities, interests in land, or additions to facilities for the
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1 reserve components is the sole authority available in law

2 for that purpose.

3 (k) CONSTRUCTION WITH OTHER MILITARY CON4 STRUCTION LAWS.—Transactions pursuant to the authority

5 under subsection (a) shall not be treated as military con6 struction projects requiring an authorization in law as oth7 erwise required by section 2802 of title 10, United States

8 Code.

9 (l) REPORT.—Not later than March 1, 2007, the Sec10 retary of Defense shall submit to the congressional defense

11 committees a report on the exercise of the authority under

12 subsection (a). The report shall include the following:

13 (1) A description of the projects carried out

14 under the authority.

15 (2) A description of the analysis and criteria

16 used to identify existing facilities and interests in

17 land to be exchanged or sold under the authority.

18 (3) An assessment of the utility to the Depart19 ment of Defense of the authority, including rec20 ommendations for modifications of such authority in

21 order to enhance the utility of such authority for the

22 Department.

23 (4) An assessment of interest in future exchanges

24 or sales in the event the authority is extended.
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1 (5) An assessment of the advisability of making

2 the authority, including any modifications of the au3 thority recommended under paragraph (3), perma4 nent.

5 (m) DEFINITIONS.—In this section:

6 (1) The term ‘‘facility’’ includes an armory,

7 readiness center, or other structure, and storage or

8 other facilities, normally needed for the administra9 tion and training of a unit of a reserve component.

10 (2) The terms ‘‘armory’’ and ‘‘readiness center’’

11 have the meanings given such terms in section

12 18232(3) of title 10, United States Code.

13 (n) EXPIRATION DATE.—No transaction may be com14 menced pursuant to the authority under subsection (a) after

15 September 30, 2006.

16 SEC. 2814. REPEAL OF AUTHORITY OF SECRETARY OF DE17 FENSE TO RECOMMEND THAT INSTALLA18 TIONS BE PLACED IN INACTIVE STATUS DUR19 ING 2005 ROUND OF DEFENSE BASE CLOSURE

20 AND REALIGNMENT.

21 Section 2914 of the Defense Base Closure and Realign22 ment Act of 1990 (part A of title XXIX of Public Law 101–

23 510; 10 U.S.C. 2687 note) is amended by striking subsection

24 (c).
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1 Subtitle C—Land Conveyances

2 SEC. 2821. TRANSFER OF ADMINISTRATIVE JURISDICTION,

3 DEFENSE SUPPLY CENTER, COLUMBUS, OHIO.

4 (a) TRANSFER AUTHORIZED.—The Secretary of the

5 Army may transfer, without reimbursement, to the Sec6 retary of Veterans Affairs administrative jurisdiction of a

7 parcel of real property consisting of approximately 20 acres

8 and comprising a portion of the Defense Supply Center in

9 Columbus, Ohio.

10 (b) USE OF PROPERTY.—The Secretary of Veterans Af11 fairs may only use the property transferred under sub12 section (a) as the site for the construction of a new out13 patient clinic for the provision of medical services to vet14 erans.

15 (c) COSTS.—Any administrative costs in connection

16 with the transfer of property under subsection (a), includ17 ing the costs of the survey required by subsection (e), shall

18 be borne by the Secretary of Veterans Affairs.

19 (d) RETURN OF JURISDICTION TO ARMY.—If at any

20 time the Secretary of the Army determines that the property

21 transferred under subsection (a) is not being utilized for

22 the outpatient clinic described in subsection (b), then, at

23 the election of the Secretary of the Army, the Secretary of

24 Veterans Affairs shall return to the Secretary of the Army

25 administrative jurisdiction of the property.
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1 (e) EXEMPTION FROM FEDERAL SCREENING.—The

2 conveyance under subsection (a) is exempt from the require3 ment to screen the property for other Federal use pursuant

4 to section 2693 of title 10, United States Code.

5 (f) DESCRIPTION OF PROPERTY.—The exact acreage

6 and legal description of the real property to be transferred

7 under subsection (a) shall be determined by a survey satis8 factory to the Secretary of the Army.

9 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary of the Army may require such additional terms and

11 conditions in connection with the transfer under subsection

12 (a) as the Secretary considers appropriate to protect the

13 interests of the United States.

14 SEC. 2822. LAND CONVEYANCE, BROWNING ARMY RESERVE

15 CENTER, UTAH.

16 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary of

17 the Army may convey, without consideration, to the State

18 of Utah (in this section referred to as the ‘‘State’’) all right,

19 title, and interest of the United States in and to a parcel

20 of unimproved real property consisting of approximately

21 10 acres and located at the Browning Army Reserve Center,

22 Utah.

23 (2) The purpose of the conveyance is to permit the De24 partment of Veterans Affairs of the State of Utah to con-
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1 struct and operate a facility for the provision of nursing

2 care for veterans.

3 (b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

4 Secretary may require the State to cover costs to be incurred

5 by the Secretary, or to reimburse the Secretary for costs

6 incurred by the Secretary, to carry out the conveyance

7 under subsection (a), including survey costs, costs related

8 to environmental documentation, and other administrative

9 costs related to the conveyance. If amounts paid to the Sec10 retary in advance exceed the costs actually incurred by the

11 Secretary to carry out the conveyance, the Secretary shall

12 refund the excess amount to the State.

13 (2) Amounts received under paragraph (1) shall be

14 credited to the fund or account that was used to cover the

15 costs incurred by the Secretary. Amounts so credited shall

16 be merged with amounts in such fund or account, and shall

17 be available for the same purposes, and subject to the same

18 conditions and limitations, as amounts in such fund or ac19 count.

20 (c) DESCRIPTION OF PROPERTY.—The exact acreage

21 and legal description of the property to be conveyed under

22 subsection (a) shall be determined by a survey satisfactory

23 to the Secretary.

24 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec25 retary may require such additional terms and conditions
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1 in connection with the conveyance under subsection (a) as

2 the Secretary considers appropriate to protect the interests

3 of the United States.

4 SEC. 2823. LAND EXCHANGE, ARLINGTON COUNTY, VIR5 GINIA.

6 (a) EXCHANGE AUTHORIZED.—(1) The Secretary of

7 Defense may convey to Arlington County, Virginia (in this

8 section referred to as the ‘‘County’’), all right, title, and

9 interest of the United States in and to a parcel of real prop10 erty, together with any improvements thereon, consisting of

11 not more than 4.5 acres and located along the western

12 boundary of the Navy Annex property, Virginia, for the

13 purpose of the construction of a freedmen heritage museum

14 and an Arlington history museum.

15 (2) The size of the parcel of real property conveyed

16 under paragraph (1) shall be such that the acreage of the

17 parcel shall be equivalent to the acreage of the parcel of

18 real property conveyed under subsection (b). The Secretary

19 shall determine the acreage of the parcels, and such deter20 mination shall be final.

21 (b) CONSIDERATION.—As consideration for the convey22 ance of property under subsection (a), the County shall con23 vey to the United States all right, title, and interest of the

24 County in and to a parcel of real property, together with

25 any improvements thereon, consisting of not more than 4.5
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1 acres and known as the Southgate Road right-of-way be2 tween Arlington National Cemetery, Virginia, and the Navy

3 Annex property.

4 (c) DESCRIPTION OF PROPERTY.—The exact acreage

5 and legal description of the parcels of real property to be

6 conveyed under this section shall be determined by surveys

7 satisfactory to the Secretary.

8 (d) PAYMENT OF COSTS OF CONVEYANCES.—(1) The

9 Secretary may require the County to cover costs to be in10 curred by the Secretary, or to reimburse the Secretary for

11 costs incurred by the Secretary, to carry out the convey12 ances under subsections (a) and (b), including survey costs,

13 costs related to environmental documentation, and other ad14 ministrative costs related to the conveyances. If amounts are

15 collected from the County in advance of the Secretary incur16 ring the actual costs, and the amount collected exceeds the

17 costs actually incurred by the Secretary to carry out the

18 conveyance, the Secretary shall refund the excess amount

19 to the County.

20 (2) Amounts received as reimbursement under para21 graph (1) shall be credited to the fund or account that was

22 used to cover the costs incurred by the Secretary in carrying

23 out the conveyances. Amounts so credited shall be merged

24 with amounts in such fund or account, and shall be avail-
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1 able for the same purposes, and subject to the same condi2 tions and limitations, as amounts in such fund or account.

3 (e) REVERSIONARY INTEREST.—(1) If at any time the

4 Secretary determines that the property conveyed to the

5 County under subsection (a) is not being used for the pur6 poses stated in that subsection, then, at the option of the

7 Secretary, all right, title, and interest in and to the prop8 erty, including any improvements thereon, shall revert to

9 the United States, and the United States shall have the

10 right of immediate entry onto the property.

11 (2) If the Secretary exercises the reversionary interest

12 provided for in paragraph (1), the Secretary shall pay the

13 County, from amounts available to the Secretary for mili14 tary construction for the Defense Agencies, an amount equal

15 to the fair market value of the property covered by the rever16 sionary interest, as determined by the Secretary.

17 (f) EXEMPTION FROM FEDERAL SCREENING.—The

18 conveyance under subsection (a) is exempt from the require19 ment to screen the property for other Federal use pursuant

20 to sections 2693 and 2696 of title 10, United States Code.

21 (g) INCLUSION OF SOUTHGATE ROAD RIGHT-OF-WAY

22 PROPERTY IN TRANSFER OF NAVY ANNEX PROPERTY FOR

23 ARLINGTON NATIONAL CEMETERY.—Subsection (a) of sec24 tion 2881 of the Military Construction Authorization Act

25 for Fiscal Year 2000 (division B of Public Law 106–65;
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1 113 Stat. 879) is amended by striking ‘‘three parcels of real

2 property consisting of approximately 36 acres’’ and insert3 ing ‘‘four parcels of real property consisting of approxi4 mately 40 acres’’.

5 (h) TERMINATION OF RESERVATION OF CERTAIN NAVY

6 ANNEX PROPERTY FOR MEMORIALS OR MUSEUMS.—Sub7 section (b) of such section, as amended by section 2863(f)

8 of the Military Construction Authorization Act for Fiscal

9 Year 2002 (division B of Public Law 107–107; 115 Stat.

10 1332) and section 2851(a)(1) of the Military Construction

11 Authorization Act for Fiscal Year 2003 (division B of Pub12 lic Law 107–314; 116 Stat. 2726), is further amended—

13 (1) by striking ‘‘(1) Subject to paragraph (2),

14 the Secretary’’ and inserting ‘‘The Secretary’’; and

15 (2) by striking paragraph (2).

16 (i) ADDITIONAL TERMS AND CONDITIONS.—The Sec17 retary may require such additional terms and conditions

18 in connection with the conveyances under this section as

19 the Secretary considers appropriate to protect the interests

20 of the United States.

21 SEC. 2824. LAND CONVEYANCE, HAMPTON, VIRGINIA.

22 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

23 Army may convey, without consideration, to the Hampton

24 City School Board, Hampton, Virginia (in this section re25 ferred to as the ‘‘Board’’), all right, title, and interest of
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1 the United States in and to a parcel of real property, in2 cluding any improvements thereon, that consists of approxi3 mately 29.8 acres, is located on Downey Farm Road in

4 Hampton, Virginia, and is known as the Butler Farm

5 United States Army Reserve Center in order to permit the

6 Board to utilize the property for public education purposes.

7 (b) CONDITION OF CONVEYANCE.—The conveyance

8 under subsection (a) shall be subject to the condition that

9 the Board accept the real property described in subsection

10 (a) in its condition at the time of the conveyance, commonly

11 known as conveyance ‘‘as is’’.

12 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

13 Secretary may require the Board to cover costs to be in14 curred by the Secretary, or to reimburse the Secretary for

15 costs incurred by the Secretary, to carry out the conveyance

16 under subsection (a), including survey costs, costs related

17 to environmental documentation, and other administrative

18 costs related to the conveyance. If amounts are collected

19 from the Board in advance of the Secretary incurring the

20 actual costs, and the amount collected exceeds the costs actu21 ally incurred by the Secretary to carry out the conveyance,

22 the Secretary shall refund the excess amount to the Board.

23 (2) Amounts received as reimbursement under para24 graph (1) shall be credited to the fund or account that was

25 used to cover the costs incurred by the Secretary in carrying
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1 out the conveyance. Amounts so credited shall be merged

2 with amounts in such fund or account, and shall be avail3 able for the same purposes, and subject to the same condi4 tions and limitations, as amounts in such fund or account.

5 (d) EXEMPTION FROM FEDERAL SCREENING.—The

6 conveyance authorized by subsection (a) is exempt from the

7 requirement to screen the property for other Federal use

8 pursuant to section 2693 and 2696 of title 10, United States

9 Code.

10 (e) DESCRIPTION OF PROPERTY.—The exact acreage

11 and legal description of the property to be conveyed under

12 subsection (a) shall be determined by a survey satisfactory

13 to the Secretary.

14 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions

16 in connection with the conveyance under subsection (a) as

17 the Secretary considers appropriate to protect the interests

18 of the United States.

19 SEC. 2825. LAND CONVEYANCE, SEATTLE, WASHINGTON.

20 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

21 Army may convey, without consideration, to the State of

22 Washington (in this section referred to as the ‘‘State’’) all

23 right, title, and interest of the United States in and to a

24 parcel of real property, including any improvements there25 on, consisting of approximately 9.747 acres in Seattle,
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1 Washington, and comprising a portion of the National

2 Guard Facility, Pier 91, for the purpose of permitting the

3 State to convey the facility unencumbered for economic de4 velopment purposes.

5 (b) CONDITION OF CONVEYANCE.—The conveyance

6 under subsection (a) shall be subject to the condition that

7 the State accept the real property in its condition at the

8 time of the conveyance, commonly known as conveyance ‘‘as

9 is’’.

10 (c) ADMINISTRATIVE EXPENSES.—(1) The State shall

11 reimburse the Secretary for the administrative expenses in12 curred by the Secretary in carrying out the conveyance

13 under subsection (a), including expenses related to surveys

14 and legal descriptions, boundary monumentation, environ15 mental surveys, necessary documentation, travel, and deed

16 preparation.

17 (2) Section 2695(c) of title 10, United States Code,

18 shall apply to any amounts received by the Secretary as

19 reimbursement under this subsection.

20 (d) DESCRIPTION OF PROPERTY.—The exact acreage

21 and legal description of the property to be conveyed under

22 subsection (a) shall be determined by a survey satisfactory

23 to the Secretary. The cost of the survey shall be borne by

24 the United States, subject to the requirement for reimburse25 ment under subsection (c).
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1 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the conveyance under subsection (a) as

4 the Secretary considers appropriate to protect the interests

5 of the United States.

6 SEC. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVE7 NUE NAVAL COMPLEX, DISTRICT OF COLUM8 BIA.

9 (a) TRANSFER REQUIRED.—The Secretary of the Navy

10 shall transfer to the administrative jurisdiction of the Ad11 ministrator of General Services the parcel of Department

12 of the Navy real property in the District of Columbia

13 known as the Nebraska Avenue Complex for the purpose of

14 permitting the Administrator to use the Complex to accom15 modate the Department of Homeland Security. The Com16 plex shall be transferred in its existing condition.

17 (b) AUTHORITY TO RETAIN MILITARY FAMILY HOUS18 ING.—The Secretary of the Navy may retain administrative

19 jurisdiction over the portion of the Complex that the Sec20 retary considers to be necessary for continued use as Navy

21 family housing.

22 (c) TIME FOR TRANSFER.—The transfer of adminis23 trative jurisdiction over the Complex to the Administrator

24 under subsection (c) shall be completed not later than Janu25 ary 1, 2005.
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1 (d) RELOCATION OF NAVY ACTIVITIES.—As part of the

2 transfer of the Complex under this section, the Secretary

3 of the Navy shall relocate Department of the Navy activities

4 at the Complex to other locations.

5 (e) PAYMENT OF RELOCATION COSTS.—Subject to the

6 availability of appropriations for this purpose, the Sec7 retary of Homeland Security shall be responsible for the

8 payment of—

9 (1) all reasonable costs, including costs to move

10 furnishings and equipment, related to the relocation

11 of Department of the Navy activities from the Com12 plex under subsection (d);

13 (2) all reasonable costs, including rent, incident

14 to the occupancy by such activities of interim leased

15 space; and

16 (3) all reasonable costs incident to the acquisi17 tion of permanent facilities for Department of the

18 Navy activities relocated from the Complex.

19 (f) SUBMISSION OF COST ESTIMATES.—As soon as

20 practicable after the date of the enactment of this Act, but

21 not later than January 1, 2005, the Secretary of the Navy

22 shall submit to the congressional defense committees an ini23 tial estimate of the amounts that will be necessary to cover

24 the costs to permanently relocate Department of the Navy

25 activities from the Complex. The Secretary shall include in
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1 the estimate anticipated land acquisition and facility con2 struction costs. The Secretary shall revise the estimate as

3 necessary whenever information regarding the actual costs

4 for the relocation is obtained.

5 (g) CERTIFICATION OF RELOCATION COSTS.—At the

6 end of the three-year period beginning on the date of the

7 transfer of the Complex under subsection (a), the Secretary

8 of the Navy shall submit to Congress written notice—

9 (1) specifying the total amount expended under

10 subsection (e) to cover the costs of relocating Depart11 ment of the Navy activities from the Complex;

12 (2) specifying the total amount expended to ac13 quire permanent facilities for Department of the Navy

14 activities relocated from the Complex; and

15 (3) certifying whether the amounts paid are suf16 ficient to complete all relocation actions.

17 SEC. 2827. LAND CONVEYANCE, HONOLULU, HAWAII.

18 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

19 Navy may convey, without consideration but subject to the

20 conditions specified in subsection (b), to the City and Coun21 ty of Honolulu, Hawaii, all right, title, and interest of the

22 United States in and to a parcel of real property, including

23 improvements thereon, consisting of approximately 5.16

24 acres located at 890 Valkenberg Avenue, Honolulu, Hawaii,

25 and currently used by the City and County of Honolulu
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1 as the site of a fire station and firefighting training facility.

2 The purpose of the conveyance is to enhance the capability

3 of the City and County of Honolulu to provide fire protec4 tion and firefighting services to the civilian and military

5 properties in the area and to provide a location for fire6 fighting training for civilian and military personnel.

7 (b) CONDITIONS OF CONVEYANCE.—The conveyance

8 under subsection (a) shall be subject to the following condi9 tions:

10 (1) That the City and County of Honolulu ac11 cept the real property in its condition at the time of

12 the conveyance, commonly known as conveyance ‘‘as

13 is’’.

14 (2) That the City and County of Honolulu make

15 the firefighting training facility available to the fire

16 protection and firefighting units of the military de17 partments for training not less than 2 days per week

18 on terms satisfactory to the Secretary.

19 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

20 Secretary shall require the City and County of Honolulu

21 to cover costs to be incurred by the Secretary, or to reim22 burse the Secretary for costs incurred by the Secretary, to

23 carry out the conveyance under subsection (a), including

24 survey costs, costs related to environmental documentation,

25 and other administrative costs related to the conveyance.
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1 If amounts are collected from the City and County of Hono2 lulu in advance of the Secretary incurring the actual costs,

3 and the amount collected exceeds the costs actually incurred

4 by the Secretary to carry out the conveyance, the Secretary

5 shall refund the excess amount, without interest, to the City

6 and County of Honolulu.

7 (2) Amounts received under paragraph (1) shall be

8 credited to the fund or account that was used to cover the

9 costs incurred by the Secretary in carrying out the convey10 ance. Amounts so credited shall be merged with amounts

11 in such fund or account, and shall be available for the same

12 purposes, and subject to the same conditions and limita13 tions, as amounts in such fund or account.

14 (d) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the property to be conveyed under

16 subsection (a) shall be determined by a survey satisfactory

17 to the Secretary.

18 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions

20 in connection with the conveyance under subsection (a) as

21 the Secretary considers appropriate to protect the interests

22 of the United States.

23 SEC. 2828. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.

24 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

25 Navy may convey, without consideration, to the City of
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1 Portsmouth, Virginia (in this section referred to as the

2 ‘‘City’’), all right, title, and interest of the United States

3 in and to a parcel of real property, including any improve4 ments thereon, consisting of approximately 0.49 acres lo5 cated at 517 King Street, Portsmouth, Virginia, and known

6 as the ‘‘Navy YMCA Building’’, for economic revitalization

7 purposes.

8 (b) CONDITIONS OF CONVEYANCE.—The conveyance

9 under subsection (a) shall be subject to the following condi10 tions:

11 (1) That the City accept the real property de12 scribed in subsection (a) in its condition at the time

13 of the conveyance, commonly known as conveyance

14 ‘‘as is’’.

15 (2) That the City bear all costs related to the en16 vironmental remediation, use, and redevelopment of

17 the real property.

18 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

19 Secretary may require the City to cover costs to be incurred

20 by the Secretary, or to reimburse the Secretary for costs

21 incurred by the Secretary, to carry out the conveyance

22 under subsection (a), including survey costs, costs related

23 to environmental documentation, and other administrative

24 costs related to the conveyance. If amounts paid to the Sec25 retary in advance exceed the costs actually incurred by the
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1 Secretary to carry out the conveyance, the Secretary shall

2 refund the excess amount to the City.

3 (2) Amounts received under paragraph (1) shall be

4 credited to the fund or account that was used to cover the

5 costs incurred by the Secretary. Amounts so credited shall

6 be merged with amounts in such fund or account, and shall

7 be available for the same purposes, and subject to the same

8 conditions and limitations, as amounts in such fund or ac9 count.

10 (d) DESCRIPTION OF PROPERTY.—The exact acreage

11 and legal description of the property to be conveyed under

12 subsection (a) shall be determined by a survey satisfactory

13 to the Secretary.

14 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions

16 in connection with the conveyance under subsection (a) as

17 the Secretary considers appropriate to protect the interests

18 of the United States.

19 SEC. 2829. LAND CONVEYANCE, FORMER GRIFFISS AIR

20 FORCE BASE, NEW YORK.

21 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary of

22 the Air Force may convey to the Oneida County Industrial

23 Development Agency, New York, the local reuse authority

24 for the former Griffiss Air Force Base (in this section re25 ferred to as the ‘‘Authority’’), all right, title and interest
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1 of the United States in and to a parcel of real property

2 consisting of 9.639 acres and including four buildings de3 scribed in paragraph (2) that were vacated by the Air Force

4 in conjunction with its relocation to the Consolidated Intel5 ligence and Reconnaissance Laboratory at Air Force Re6 search Laboratory—Rome Research Site, Rome, New York.

7 (2) The buildings described in this paragraph are the

8 buildings located on the real property referred in paragraph

9 (1) as follows:

10 (A) Building 240 (117,323 square feet).

11 (B) Building 247 (13,199 square feet).

12 (C) Building 248 (4,000 square feet).

13 (D) Building 302 (20,577 square feet).

14 (3) The purpose of the conveyance under this sub15 section is to permit the Authority to develop the parcel and

16 structures conveyed for economic purposes in a manner con17 sistent with the Defense Base Closure and Realignment Act

18 of 1990 (part A of title XXIX of Public Law 101–510; 10

19 U.S.C. 2687 note).

20 (b) CONDITION OF CONVEYANCE.—The conveyance

21 under subsection (a) shall be subject to the condition that

22 the Authority accept the real property in its condition at

23 the time of the conveyance, commonly known as conveyance

24 ‘‘as is’’.
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1 (c) CONSIDERATION.—As consideration for the convey2 ance of property under subsection (a), the Authority shall

3 pay the United States an amount equal to the fair market

4 of value, as determined by the Secretary.

5 (d) TREATMENT OF PROCEEDS.—Any consideration

6 received under subsection (c) shall be deposited in the De7 partment of Defense Base Closure Account 1990 established

8 by section 2906 of the Defense Base Closure and Realign9 ment Act of 1990, and shall be available for use in accord10 ance with subsection (b) of such section.

11 (e) DESCRIPTION OF PROPERTY.—The exact acreage

12 and legal description of the real property to be conveyed

13 under subsection (a) shall be determined by a survey satis14 factory to the Secretary. The cost of the survey shall be borne

15 by the Authority.

16 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec17 retary may require such additional terms and conditions

18 in connection with the conveyance under subsection (a) as

19 the Secretary considers appropriate to protect the interests

20 of the United States.

21 SEC. 2830. LAND EXCHANGE, MAXWELL AIR FORCE BASE,

22 ALABAMA.

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

24 Air Force may convey to the City of Montgomery, Alabama

25 (in this section referred to as the ‘‘City’’), all right, title,
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1 and interest of the United States in and to a parcel of real

2 property, including any improvements thereon, consisting

3 of approximately 28 acres and including all of the Maxwell

4 Heights Housing site and located at Maxwell Air Force

5 Base, Alabama.

6 (b) CONSIDERATION.—(1) As consideration for the con7 veyance of property under subsection (a), the City shall con8 vey to the United States all right, title, and interest of the

9 City to a parcel of real property, including any improve10 ments thereon, consisting of approximately 35 acres and

11 designated as project AL 6–4, that is owned by the City

12 and is contiguous to Maxwell Air Force Base, for the pur13 pose of allowing the Secretary to incorporate such property

14 into a project for the acquisition or improvement of mili15 tary housing under subchapter IV of chapter 169 of title

16 10, United States Code. The Secretary shall have adminis17 trative jurisdiction over the real property received under

18 this subsection.

19 (2) If the fair market value of the real property re20 ceived under paragraph (1) is less than the fair market

21 value of the real property conveyed under subsection (a) (as

22 determined pursuant to an appraisal acceptable to the Sec23 retary), the Secretary may require the City to provide, pur24 suant to negotiations between the Secretary and the City,

25 in-kind consideration the value of which when added to the
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1 fair market value of the property conveyed under subsection

2 (b) equals the fair market value of the property conveyed

3 under subsection (a).

4 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

5 Secretary may require the City to cover costs to be incurred

6 by the Secretary, or to reimburse the Secretary for costs

7 incurred by the Secretary, to carry out the conveyances

8 under subsections (a) and (b), including survey costs, costs

9 related to environmental documentation, and other admin10 istrative costs related to the conveyances. If amounts are

11 collected from the City in advance of the Secretary incur12 ring the actual costs, and the amount collected exceeds the

13 costs actually incurred by the Secretary to carry out the

14 conveyance, the Secretary shall refund the excess amount

15 to the City.

16 (2) Amounts received as reimbursement under para17 graph (1) shall be credited to the fund or account that was

18 used to cover the costs incurred by the Secretary in carrying

19 out the conveyances. Amounts so credited shall be merged

20 with amounts in such fund or account, and shall be avail21 able for the same purposes, and subject to the same condi22 tions and limitations, as amounts in such fund or account.

23 (d) DESCRIPTION OF PROPERTY.—The exact acreage

24 and legal description of the property to be conveyed under
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1 subsections (a) and (b) shall be determined by surveys satis2 factory to the Secretary.

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions

5 in connection with the conveyances under subsections (a)

6 and (b) as the Secretary considers appropriate to protect

7 the interests of the United States.

8 SEC. 2831. LAND EXCHANGE, NAVAL AIR STATION, PATUX9 ENT RIVER, MARYLAND.

10 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

11 Navy may convey to the State of Maryland (in this section

12 referred to as ‘‘State’’), all right, title, and interest of the

13 United States in and to a parcel of real property, including

14 improvements thereon, consisting of approximately five

15 acres at Naval Air Station, Patuxent River, Maryland, and

16 containing the Point Lookout Lighthouse, other structures

17 related to the lighthouse, and an archaeological site per18 taining to the military hospital that was located on the

19 property during the Civil War. The conveyance shall in20 clude artifacts pertaining to the military hospital recovered

21 by the Navy and held at the installation.

22 (b) PROPERTY RECEIVED IN EXCHANGE.—As consid23 eration for the conveyance of the real property under sub24 section (a), the State shall convey to the United States a

25 parcel of real property consisting of approximately five
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1 acres located in Point Lookout State Park, St. Mary’s

2 County, Maryland.

3 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

4 Secretary may require the State to cover costs to be incurred

5 by the Secretary, or to reimburse the Secretary for costs

6 incurred by the Secretary, to carry out the conveyance

7 under subsection (a), including survey costs, costs related

8 to environmental documentation, relocation expenses in9 curred under subsection (b), and other administrative costs

10 related to the conveyance. If amounts are collected from the

11 State in advance of the Secretary incurring the actual costs,

12 and the amount collected exceeds the costs actually incurred

13 by the Secretary to carry out the conveyance, the Secretary

14 shall refund the excess amount to State.

15 (2) Amounts received as reimbursement under para16 graph (1) shall be credited to the fund or account that was

17 used to cover the costs incurred by the Secretary in carrying

18 out the conveyance. Amounts so credited shall be merged

19 with amounts in such fund or account, and shall be avail20 able for the same purposes, and subject to the same condi21 tions and limitations, as amounts in such fund or account.

22 (d) DESCRIPTION OF PROPERTY.—The exact acreage

23 and legal description of the properties to be conveyed under

24 this section shall be determined by surveys satisfactory to

25 the Secretary.
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1 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the conveyances under this section as

4 the Secretary considers appropriate to protect the interests

5 of the United States.

6 SEC. 2832. LAND CONVEYANCE, MARCH AIR FORCE BASE,

7 CALIFORNIA.

8 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

9 Air Force may convey to the March Joint Powers Authority

10 (in this section referred to as the ‘‘MJPA’’) all right, title,

11 and interest of the United States in and to a parcel of real

12 property, including any improvements thereon, consisting

13 of approximately 15 acres located in Riverside County,

14 California, and containing the former Defense Reutilization

15 and Marketing Office facility for March Air Force Base,

16 which is also known as Parcel A–6, for the purpose of eco17 nomic development and revitalization.

18 (b) CONSIDERATION.—(1) As consideration for the con19 veyance of property under subsection (a), the MJPA shall

20 pay the United States an amount equal to the fair market

21 value, as determined by the Secretary, of the property to

22 be conveyed under such subsection.

23 (2) The consideration received under this subsection

24 shall be deposited in the special account in the Treasury

25 established under section 572(b) of title 40, United States
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1 Code, and available in accordance with the provisions of

2 paragraph (5)(B)(ii).

3 (c) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the real property to be conveyed

5 under subsection (a) shall be determined by a survey satis6 factory to the Secretary. The cost of the survey shall be borne

7 by the MJPA.

8 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions

10 in connection with the conveyance under subsection (a) as

11 the Secretary considers appropriate to protect the interests

12 of the United States.

13 SEC. 2833. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNI14 TION PLANT, KANSAS.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

16 Army, in consultation with the Administrator of General

17 Services, may convey to an entity selected by the Board of

18 Commissioners of Johnson County, Kansas (in this section

19 referred to as the ‘‘entity’’ and the ‘‘Board’’, respectively),

20 all right, title, and interest of the United States in and to

21 a parcel of real property, including any improvements

22 thereon, consisting of approximately 9,065 acres and con23 taining the Sunflower Army Ammunition Plant. The pur24 pose of the conveyance is to facilitate the re-use of the prop25 erty for economic development and revitalization.
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1 (b) CONSIDERATION.—(1) As consideration for the con2 veyance under subsection (a), the entity shall provide the

3 United States, whether by cash payment, in-kind contribu4 tion, or a combination thereof, an amount that is not less

5 than the fair market value, as determined by an appraisal

6 of the property acceptable to the Administrator and the Sec7 retary. The Secretary may authorize the entity to carry out,

8 as in-kind consideration, environmental remediation ac9 tivities for the property conveyed under such subsection.

10 (2) The Secretary shall deposit any cash received as

11 consideration under this subsection in a special account es12 tablished pursuant to section 572(b) of title 40, United

13 States Code, to pay for environmental remediation and ex14 plosives cleanup of the property conveyed under subsection

15 (a).

16 (c) CONSTRUCTION WITH PREVIOUS LAND CONVEY17 ANCE AUTHORITY ON SUNFLOWER ARMY AMMUNITION

18 PLANT.—The authority in subsection (a) to make the con19 veyance described in that subsection is in addition to the

20 authority under section 2823 of the Military Construction

21 Authorization Act for Fiscal Year 2003 (division B of Pub22 lic Law 107–314; 116 Stat. 2712) to make the conveyance

23 described in that section.

24 (d) ENVIRONMENTAL REMEDIATION AND EXPLOSIVES

25 CLEANUP.—(1) Notwithstanding any other provision of
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1 law, the Secretary may enter into a multi-year cooperative

2 agreement or contract with the entity to undertake environ3 mental remediation and explosives cleanup of the property,

4 and may utilize amounts authorized to be appropriated for

5 the Secretary for purposes of environmental remediation

6 and explosives cleanup under the agreement.

7 (2) The terms of the cooperative agreement or contract

8 may provide for advance payments on an annual basis or

9 for payments on a performance basis. Payments may be

10 made over a period of time agreed to by the Secretary and

11 the entity or for such time as may be necessary to perform

12 the environmental remediation and explosives cleanup of

13 the property, including any long-term operation and main14 tenance requirements.

15 (e) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

16 Secretary may require the entity or other persons to cover

17 costs to be incurred by the Secretary, or to reimburse the

18 Secretary for costs incurred by the Secretary, to carry out

19 the conveyance under subsection (a), including survey costs,

20 costs related to environmental, and other administrative

21 costs related to the conveyance.

22 (2) Amounts received under paragraph (1) shall be

23 credited to the appropriation, fund, or account from which

24 the costs were paid. Amounts so credited shall be merged

25 with funds in such appropriation, fund, or account, and
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1 shall be available for the same purposes, and subject to the

2 same limitations, as the funds with which merged.

3 (f) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the real property to be conveyed

5 under subsection (a) shall be determined by a survey jointly

6 satisfactory to the Secretary and the Administrator.

7 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec8 retary and the Administrator may require such additional

9 terms and conditions in connection with the conveyance of

10 real property under subsection (a), and the environmental

11 remediation and explosives cleanup under subsection (d),

12 as the Secretary and the Administrator jointly consider ap13 propriate to protect the interests of the United States.

14 SEC. 2834. LAND CONVEYANCE, NAVAL WEAPONS STATION,

15 CHARLESTON, SOUTH CAROLINA.

16 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

17 Navy may convey to the Berkeley County Sanitation Au18 thority, South Carolina (in this section referred to as the

19 ‘‘Authority’’), all right, title, and interest of the United

20 States in and to a parcel of real property, including any

21 improvements thereon, consisting of not more than 38 acres

22 and comprising a portion of the Naval Weapons Station,

23 Charleston, South Carolina, for the purpose of allowing the

24 Authority to expand an existing sewage treatment plant.
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1 (b) CONSIDERATION.—As consideration for the convey2 ance of property under subsection (a), the Authority shall

3 provide the United States, whether by cash payment, in4 kind services, or a combination thereof, an amount that is

5 not less than the fair market value, as determined by an

6 appraisal acceptable to the Secretary, of the property con7 veyed under such subsection.

8 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

9 Secretary may require the Authority to cover costs incurred

10 by the Secretary, or to reimburse the Secretary for costs

11 incurred by the Secretary, to carry out the conveyance

12 under subsection (a), including appraisal costs, survey

13 costs, costs related to compliance with the National Envi14 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and

15 environmental remediation, and other administrative costs

16 related to the conveyance. If the amounts are collected from

17 the Authority in advance of the Secretary incurring the ac18 tual costs, and the amount collected exceeds the costs actu19 ally incurred by the Secretary to carry out the conveyance,

20 the Secretary shall refund the excess amount to the Author21 ity.

22 (2) Amounts received as reimbursement under para23 graph (1) shall be credited to the fund or account that was

24 used to cover the costs incurred by the Secretary in carrying

25 out the conveyance. Amounts so credited shall be merged
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1 with amounts in such fund or account, and shall be made

2 available for the same purposes, and subject to the same

3 conditions and limitations, as amounts in such fund or ac4 count.

5 (d) DESCRIPTION OF PROPERTY.—The exact acreage

6 and legal description of the property to be conveyed under

7 subsection (a) shall be determined by a survey satisfactory

8 to the Secretary. The cost of the survey shall be borne by

9 the Authority.

10 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec11 retary may require such additional terms and conditions

12 in connection with the conveyance under subsection (a) as

13 the Secretary considers appropriate to protect the interests

14 of the United States.

15 SEC. 2835. LAND CONVEYANCE, LOUISIANA ARMY AMMUNI16 TION PLANT, DOYLINE, LOUISIANA.

17 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

18 Army may convey to the State of Louisiana (in this section

19 referred to as the ‘‘State’’) all right, title, and interest of

20 the United States in and to a parcel of real property, in21 cluding any improvements thereon, consisting of approxi22 mately 14,949 acres located at the Louisiana Army Ammu23 nition Plant, Doyline, Louisiana.

24 (b) CONSIDERATION.—As consideration for the convey25 ance of property under subsection (a), the State shall—
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1 (1) maintain at least 13,500 acres of such prop2 erty for the purpose of military training, unless the

3 Secretary determines that fewer acres are required for

4 such purpose;

5 (2) ensure that any other uses that are made of

6 the property conveyed under subsection (a) do not ad7 versely impact military training;

8 (3) accommodate the use of such property, at no

9 cost or fee, for meeting the present and future train10 ing needs of Armed Forces units, including units of

11 the Louisiana National Guard and the other active

12 and reserve components of the Armed Forces;

13 (4) assume, starting on the date that is five

14 years after the date of the conveyance of such prop15 erty, responsibility for any monitoring, sampling, or

16 reporting requirements that are associated with the

17 environmental restoration activities of the Army on

18 the Louisiana Army Ammunition Plant, and shall

19 bear such responsibility until such time as such moni20 toring, sampling, or reporting is no longer required;

21 and

22 (5) assume the rights and responsibilities of the

23 Army under the armaments retooling manufacturing

24 support agreement between the Army and the facility

25 use contractor with respect to the Louisiana Army
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1 Ammunition Plant in accordance with the terms of

2 such agreement in effect at the time of the conveyance.

3 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

4 Secretary may require the State to cover costs to be incurred

5 by the Secretary, or to reimburse the Secretary for costs

6 incurred by the Secretary, to carry out the conveyance

7 under subsection (a), including survey costs, costs related

8 to environmental documentation, and other administrative

9 costs related to the conveyance. If amounts are collected

10 from the State in advance of the Secretary incurring the

11 actual costs, and the amount collected exceeds the costs actu12 ally incurred by the Secretary to carry out the conveyance,

13 the Secretary shall refund the excess amount to State.

14 (2) Amounts received as reimbursement under para15 graph (1) shall be credited to the fund or account that was

16 used to cover the costs incurred by the Secretary in carrying

17 out the conveyance. Amounts so credited shall be merged

18 with amounts in such fund or account, and shall be avail19 able for the same purposes, and subject to the same condi20 tions and limitations, as amounts in such fund or account.

21 (d) DESCRIPTION OF PROPERTY.—The exact acreage

22 and legal description of the real property to be conveyed

23 under subsection (a) shall be determined by surveys satis24 factory to the Secretary. The cost of each survey shall be

25 borne by the State.
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1 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the conveyance under subsection (a) as

4 the Secretary considers appropriate to protect the interests

5 of the United States.

6 SEC. 2836. MODIFICATION OF AUTHORITY FOR LAND CON7 VEYANCE, EQUIPMENT AND STORAGE YARD,

8 CHARLESTON, SOUTH CAROLINA.

9 Section 563(h) of the Water Resources Development

10 Act of 1999 (Public Law 106–53; 113 Stat. 360) is amended

11 to read as follows:

12 ‘‘(h) CHARLESTON, SOUTH CAROLINA.—

13 ‘‘(1) IN GENERAL.—The Secretary may convey to

14 the City of Charleston, South Carolina (in this sec15 tion referred to as the ‘City’), all right, title, and in16 terest of the United States in and to a parcel of real

17 property of the Corps of Engineers, together with any

18 improvements thereon, that is known as the Equip19 ment and Storage Yard and consists of approximately

20 1.06 acres located on Meeting Street in Charleston,

21 South Carolina, in as-is condition.

22 ‘‘(2) CONSIDERATION.—As consideration for the

23 conveyance of property under paragraph (1), the City

24 shall provide the United States, whether by cash pay25 ment, in-kind contribution, or a combination thereof,
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1 an amount that is not less than the fair market value

2 of the property conveyed, as determined by the Sec3 retary.

4 ‘‘(3) USE OF PROCEEDS.—Amounts received as

5 consideration under this subsection may be used by

6 the Corps of Engineers, Charleston District, as fol7 lows:

8 ‘‘(A) Any amounts received as consideration

9 may be used to carry out activities under this

10 Act, notwithstanding any requirements associ11 ated with the Plant Replacement and Improve12 ment Program (PRIP), including—

13 ‘‘(i) leasing, purchasing, or con14 structing an office facility within the

15 boundaries of Charleston, Berkeley, and

16 Dorchester Counties, South Carolina; and

17 ‘‘(ii) satisfying any PRIP balances.

18 ‘‘(B) Any amounts received as consideration

19 that are in excess of the fair market value of the

20 property conveyed under paragraph (1) may be

21 used for any authorized activities of the Corps of

22 Engineers, Charleston District.

23 ‘‘(4) DESCRIPTION OF PROPERTY.—The exact

24 acreage and legal description of the real property to

25 be conveyed under paragraph (1) and any property
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1 transferred to the United States as consideration

2 under paragraph (2) shall be determined by surveys

3 satisfactory to the Secretary.

4 ‘‘(5) ADDITIONAL TERMS AND CONDITIONS.—The

5 Secretary may require such additional terms and

6 conditions in connection with the conveyance under

7 paragraph (1) as the Secretary considers appropriate

8 to protect the interests of the United States.’’.

9 Subtitle D—Other Matters

10 SEC. 2841. DEPARTMENT OF DEFENSE FOLLOW-ON LABORA11 TORY REVITALIZATION DEMONSTRATION

12 PROGRAM.

13 (a) FOLLOW-ON PROGRAM AUTHORIZED.—(1) The

14 Secretary of Defense may carry out a program (to be known

15 as the ‘‘Department of Defense Follow-On Laboratory Revi16 talization Demonstration Program’’) for the revitalization

17 of Department of Defense laboratories. Under the program,

18 the Secretary may carry out minor military construction

19 projects in accordance with subsection (b) and other appli20 cable law to improve laboratories covered by the program.

21 (2) The program under this section is the successor

22 program to the Department of Defense Laboratory Revital23 ization Demonstration Program carried out under section

24 2892 of the Military Construction Authorization Act for
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1 Fiscal Year 1996 (division B of Public Law 104–106; 10

2 U.S.C. 2805 note).

3 (b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO

4 MINOR CONSTRUCTION PROJECTS.—For purpose of any

5 military construction project carried out under the

6 program—

7 (1) the amount provided in the second sentence

8 of subsection (a)(1) of section 2805 of title 10, United

9 States Code, shall be deemed to be $3,000,000;

10 (2) the amount provided in subsection (b)(1) of

11 such section shall be deemed to be $1,500,000; and

12 (3) the amount provided in subsection (c)(1)(B)

13 of such section shall be deemed to be $1,000,000.

14 (c) PROGRAM REQUIREMENTS.—(1) Not later than 30

15 days before commencing the program, the Secretary shall—

16 (A) designate the Department laboratories at

17 which construction may be carried out under the pro18 gram; and

19 (B) establish procedures for the review and ap20 proval of requests from Department laboratories to

21 carry out such construction.

22 (2) The laboratories designated under paragraph

23 (1)(A) may not include Department laboratories that are

24 contractor owned.
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1 (3) The Secretary shall notify Congress of the Depart2 ment laboratories designated under paragraph (1)(A).

3 (d) REPORT.—Not later than September 30, 2005, the

4 Secretary shall submit to the congressional defense commit5 tees a report on the program under this section. The report

6 shall include—

7 (1) a list and description of the construction

8 projects carried out under the program, and of any

9 projects carried out under the program referred to in

10 subsection (a) during the period beginning on October

11 1, 2003, and ending on the date of the enactment of

12 this Act, including the location and costs of each such

13 project; and

14 (2) the assessment of the Secretary of the advis15 ability of extending or expanding the authority for

16 the program under this section.

17 (e) CONSTRUCTION OF AUTHORITY.—Nothing in this

18 section may be construed to limit any other authority pro19 vided by law for any military construction project at a De20 partment laboratory covered by the program.

21 (f) DEFINITIONS.—In this section:

22 (1) The term ‘‘laboratory’’ includes—

23 (A) a research, engineering, and develop24 ment center;
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1 (B) a test and evaluation activity owned,

2 funded, and operated by the Federal Government

3 through the Department of Defense; and

4 (C) a supporting facility of a laboratory.

5 (2) The term ‘‘supporting facility’’, with respect

6 to a laboratory, means any building or structure that

7 is used in support of research, development, test, and

8 evaluation at the laboratory.

9 (g) EXPIRATION OF AUTHORITY.—The authority to

10 carry out a project under the program under this section

11 expires on September 30, 2006.

12 SEC. 2842. JURISDICTION AND UTILIZATION OF FORMER

13 PUBLIC DOMAIN LANDS, UMATILLA CHEM14 ICAL DEPOT, OREGON.

15 (a) JURISDICTION.—The various parcels of real prop16 erty consisting of approximately 8,300 acres and located

17 within the boundaries of Umatilla Chemical Depot, Oregon,

18 that were previously withdrawn from the public domain are

19 determined to be no longer suitable for return to the public

20 domain and are hereby transferred to the administrative

21 jurisdiction of the Secretary of the Army.

22 (b) UTILIZATION.—The Secretary shall combine the

23 real property transferred under subsection (a) with other

24 lands and lesser interests comprising the Umatilla Chem25 ical Depot for purposes of their management and disposal
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1 pursuant to title II of the Defense Authorization Amend2 ments and Base Closure and Realignment Act of 1988 (Pub3 lic Law 100–526; 10 U.S.C. 2687 note) and other applicable

4 law.

5 SEC. 2843. DEVELOPMENT OF HERITAGE CENTER FOR THE

6 NATIONAL MUSEUM OF THE UNITED STATES

7 ARMY.

8 (a) AUTHORITY TO ENTER INTO AGREEMENT.—(1)

9 The Secretary of the Army may enter into an agreement

10 with the Army Historical Foundation, a nonprofit organi11 zation, for the design, construction, and operation of a facil12 ity or group of facilities at Fort Belvoir, Virginia (in this

13 section referred to as the ‘‘center’’), for the National Mu14 seum of the United States Army.

15 (2) The center shall be used for the identification,

16 curation, storage, and public viewing of artifacts and art17 work of significance to the United States Army, as agreed

18 to by the Secretary.

19 (3) The center may also be used to support such edu20 cation, training, research, and associated purposes as the

21 Secretary considers appropriate.

22 (b) DESIGN AND CONSTRUCTION.—(1) The design of

23 the center shall be subject to the approval of the Secretary.

24 (2) For each phase of the development of the center,

25 the Secretary may—
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1 (A) accept funds from the Army Historical

2 Foundation for the design and construction of such

3 phase of the center; or

4 (B) permit the Army Historical Foundation to

5 contract for the design and construction of such phase

6 of the center.

7 (c) ACCEPTANCE OF FACILITY.—(1) Upon satisfactory

8 completion, as determined by the Secretary, of any phase

9 of the center, and upon the satisfaction of any and all fi10 nancial obligations incident thereto by the Army Historical

11 Foundation, the Secretary shall accept such phase of the

12 center from the Army Historical Foundation, and all right,

13 title, and interest in and to such phase of the center shall

14 vest in the United States.

15 (2) Upon becoming property of the United States, a

16 phase of the center accepted under paragraph (1) shall be

17 under the jurisdiction of the Secretary.

18 (d) USE OF CERTAIN GIFTS.—(1) Under regulations

19 prescribed by the Secretary, the Commander of the United

20 States Army Center of Military History may, without re21 gard to section 2601 of title 10, United States Code, accept,

22 hold, administer, invest, and spend any gift, devise, or be23 quest of personal property of a value of $250,000 or less

24 made to the United States if such gift, devise, or bequest
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1 is for the benefit of the National Museum of the United

2 States Army or the center.

3 (2) The Secretary may pay or authorize the payment

4 of any reasonable and necessary expense in connection with

5 the conveyance or transfer of a gift, devise, or bequest under

6 this subsection.

7 (e) LEASE OF FACILITY.—(1) The Secretary may lease,

8 under such terms and conditions as the Secretary considers

9 appropriate for the agreement authorized by subsection (a),

10 portions of the center developed under that subsection to the

11 Army Historical Foundation for use by the public, commer12 cial and nonprofit entities, State and local governments,

13 and other departments and agencies of the Federal Govern14 ment for use in generating revenue for activities of the cen15 ter and for such administrative purposes as may be nec16 essary for the support of the center.

17 (2) The amount of consideration paid to the Secretary

18 by the Army Historical Foundation for a lease under para19 graph (1) may not exceed an amount equal to the actual

20 cost, as determined by the Secretary, of the operations and

21 maintenance of the center.

22 (3) Notwithstanding any other provision of law, the

23 Secretary shall use amounts paid under paragraph (2) to

24 cover the costs of operation of the center.
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1 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the agreement authorized by subsection

4 (a) as the Secretary considers appropriate to protect the

5 interests of the United States.

6 SEC. 2844. AUTHORITY TO SETTLE CLAIM OF OAKLAND

7 BASE REUSE AUTHORITY AND REDEVELOP8 MENT AGENCY OF THE CITY OF OAKLAND,

9 CALIFORNIA.

10 (a) AUTHORITY.—The Secretary of the Navy may pay

11 funds as agreed to by both parties, in the amount of

12 $2,100,000, to the Oakland Base Reuse Authority and Rede13 velopment Agency of the City of Oakland, California, in

14 settlement of Oakland Base Reuse Authority and Redevelop15 ment Agency of the City of Oakland v. the United States,

16 Case No. C02–4652 MHP, United States District Court,

17 Northern District of California, including any appeal.

18 (b) CONSIDERATION.—As consideration, the Oakland

19 Base Reuse Authority and Redevelopment Agency shall

20 agree that the payment constitutes a final settlement of all

21 claims against the United States related to said case and

22 give to the Secretary a release of all claims to the eighteen

23 officer housing units located at the former Naval Medical

24 Center Oakland, California. The release shall be in a form

25 that is satisfactory to the Secretary.
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1 (c) SOURCE OF FUNDS.—The Secretary may use funds

2 in the Department of Defense Base Closure Account 1990

3 established pursuant to section 2906 of the Defense Base

4 Closure and Realignment Act of 1990 (part A of title XXIX

5 of Public Law 101–510; 10 U.S.C. 2687 note) for the pay6 ment authorized by subsection (a) or the proceeds of sale

7 from the eighteen housing units and property described in

8 subsection (b).

9 SEC. 2845. COMPTROLLER GENERAL REPORT ON CLOSURE

10 OF DEPARTMENT OF DEFENSE DEPENDENT

11 ELEMENTARY AND SECONDARY SCHOOLS

12 AND COMMISSARY STORES.

13 (a) COMPTROLLER GENERAL REPORT.—Not later than

14 180 days after the date of the enactment of this Act, the

15 Comptroller General of the United States shall submit to

16 the appropriate committees of Congress a report that in17 cludes the following:

18 (1) With respect to Department of Defense de19 pendent elementary and secondary schools—

20 (A) an assessment by the Comptroller Gen21 eral of the policy of the Department of Defense,

22 and the criteria utilized by the Department, re23 garding the closure of schools, including whether

24 or not such policy and criteria are consistent

25 with Department policies and procedures on the
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1 preservation of the quality of life of members of

2 the Armed Forces; and

3 (B) an assessment by the Comptroller Gen4 eral of any current or on-going studies or assess5 ments of the Department with respect to any of

6 the schools.

7 (2) With respect to commissary stores—

8 (A) an assessment by the Comptroller Gen9 eral of the policy of the Department of Defense,

10 and the criteria utilized by the Department, re11 garding the closure of commissary stores, includ12 ing whether or not such policy and criteria are

13 consistent with Department policies and proce14 dures on the preservation of the quality of life of

15 members of the Armed Forces; and

16 (B) an assessment by the Comptroller Gen17 eral of any current or on-going studies or assess18 ments of the Department with respect to any of

19 the commissary stores.

20 (b) APPROPRIATE COMMITTEES OF CONGRESS DE21 FINED.—In this section, the term ‘‘appropriate committees

22 of Congress’’ means—

23 (1) the Committee on Armed Services of the Sen24 ate; and
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1 (2) the Committee on Armed Services of the

2 House of Representatives.

3 TITLE XXIX—MARITIME

4 ADMINISTRATION

5 SEC. 2901. MODIFICATION OF PRIORITY AFFORDED APPLI6 CATIONS FOR NATIONAL DEFENSE TANK VES7 SEL CONSTRUCTION ASSISTANCE.

8 Section 3542(d) of the Maritime Security Act of 2003

9 (title XXXV of Public Law 108–136; 117 Stat. 1821; 46

10 U.S.C. 53101 note) is amended—

11 (1) in paragraph (1), by striking ‘‘and’’ at the

12 end;

13 (2) by redesignating paragraph (2) as para14 graph (3); and

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

17 ‘‘(2) shall give priority consideration to a pro18 posal submitted by an applicant who has been accept19 ed for participation in the Shipboard Technology

20 Evaluation Program as outlined in Navigation and

21 Vessel Inspection Circular 01–04, issued by the Com22 mandant of the United States Coast Guard on Janu23 ary 2, 2004; and’’.
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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 are

13 hereby authorized to be appropriated to the Department of

14 Energy for fiscal year 2005 for the activities of the National

15 Nuclear Security Administration in carrying out programs

16 necessary for national security in the amount of

17 $9,165,145,000, to be allocated as follows:

18 (1) For weapons activities, $6,674,898,000.

19 (2) For defense nuclear nonproliferation activi20 ties, $1,348,647,000.

21 (3) For naval reactors, $797,900,000.

22 (4) For the Office of the Administrator for Nu23 clear Security, $343,700,000.

24 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

25 From funds referred to in subsection (a) that are available
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1 for carrying out plant projects, the Secretary of Energy

2 may carry out new plant projects for weapons activities,

3 as follows:

4 (1) For readiness in technical base and facilities:

5 Project 05–D–140, Readiness in Technical

6 Base and Facilities Program (RTBF), project

7 engineering and design (PED), various loca8 tions, $11,600,000.

9 Project 05–D–401, Building 12–64 produc10 tion bays upgrade, Pantex Plant, Amarillo,

11 Texas, $25,000,000.

12 Project 05–D–402, Beryllium Capability

13 (BeC) Project, Y–12 National Security Complex,

14 Oak Ridge, Tennessee, $3,627,000.

15 (2) For facilities and infrastructure recapitaliza16 tion:

17 Project 05–D–160, Facilities and Infra18 structure Recapitalization Program (FIRP),

19 project engineering and design (PED), various

20 locations, $8,700,000.

21 Project 05–D–601, compressed air upgrades,

22 Y–12 National Security Complex, Oak Ridge,

23 Tennessee, $4,400,000.
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1 Project 05–D–602, power grid infrastruc2 ture upgrade (PGIU), Los Alamos National Lab3 oratory, Los Alamos, New Mexico, $10,000,000.

4 Project 05–D–603, new master substation,

5 technical areas I and IV, Sandia National Lab6 oratories, Albuquerque, New Mexico, $600,000.

7 (3) For safeguards and security:

8 Project 05–D–170, safeguards and security,

9 project engineering and design (PED), various

10 locations, $17,000,000.

11 Project 05–D–701, security perimeter, Los

12 Alamos National Laboratory, Los Alamos, New

13 Mexico, $20,000,000.

14 (4) For naval reactors:

15 Project 05–N–900, materials development

16 facility building, Schenectady, New York,

17 $6,200,000.

18 SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

19 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

20 hereby authorized to be appropriated to the Department of

21 Energy for fiscal year 2005 for environmental management

22 activities in carrying out programs necessary for national

23 security in the amount of $6,954,402,000, to be allocated

24 as follows:
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1 (1) For defense site acceleration completion,

2 $5,971,932,000.

3 (2) For defense environmental services,

4 $982,470,000.

5 (b) AUTHORIZATION OF NEW PLANT PROJECT.—From

6 funds referred to in subsection (a)(2) that are available for

7 carrying out plant projects, the Secretary of Energy may

8 carry out, for environmental management activities, the fol9 lowing new plant project:

10 Project 05–D–405, salt waste processing facility,

11 Savannah River Site, Aiken, South Carolina,

12 $52,000,000.

13 SEC. 3103. OTHER DEFENSE ACTIVITIES.

14 Funds are hereby authorized to be appropriated to the

15 Department of Energy for fiscal year 2005 for other defense

16 activities in carrying out programs necessary for national

17 security in the amount of $568,096,000.

18 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

19 Funds are hereby authorized to be appropriated to the

20 Department of Energy for fiscal year 2005 for defense nu21 clear waste disposal for payment to the Nuclear Waste Fund

22 established in section 302(c) of the Nuclear Waste Policy

23 Act of 1982 (42 U.S.C. 10222(c)) in the amount of

24 $108,000,000.
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1 Subtitle B—Program Authoriza2 tions, Restrictions, and Limita3 tions

4 SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR

5 MODERN PIT FACILITY.

6 (a) LIMITATION.—Of the amount authorized to be ap7 propriated by section 3101(a)(1) for the National Nuclear

8 Security Administration for weapons activities and avail9 able for the Modern Pit Facility, not more than 50 percent

10 of such amount may be obligated or expended until 30 days

11 after the latter of the following:

12 (1) The date of the submittal of the revised nu13 clear weapons stockpile plan specified in the joint ex14 planatory statement to accompany the report of the

15 Committee on Conference on the bill H.R. 2754 of the

16 108th Congress.

17 (2) The date on which the Administrator for Nu18 clear Security submits to the congressional defense

19 committees a report setting forth the validated pit

20 production requirements for the Modern Pit Facility.

21 (b) VALIDATED PIT PRODUCTION REQUIREMENTS.—

22 (1) The validated pit production requirements in the report

23 under subsection (a)(2) shall be established by the Adminis24 trator in conjunction with the Chairman of the Nuclear

25 Weapons Council.
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1 (2) The validated pit production requirements shall—

2 (A) include specifications regarding the number

3 of pits that will be required to be produced in order

4 to support the weapons that will be retained in the

5 nuclear weapons stockpile, set forth by weapon type

6 and by year; and

7 (B) take into account any surge capacity that

8 may be included in the annual pit production capa9 bility.

10 (c) FORM OF REPORT.—The report described in sub11 section (a)(2) shall be submitted in unclassified form, but

12 may include a classified annex.

13 SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR

14 ADVANCED NUCLEAR WEAPONS CONCEPTS

15 INITIATIVE.

16 (a) LIMITATION.—None of the funds authorized to be

17 appropriated by this title may be obligated or expended for

18 purposes of additional or exploratory studies under the Ad19 vanced Nuclear Weapons Concepts Initiative until 30 days

20 after the date on which the Administrator for Nuclear Secu21 rity submits to the congressional defense committees a de22 tailed report on the activities for such studies under the Ini23 tiative that are planned for fiscal year 2005.
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1 (b) FORM OF REPORT.—The report under subsection

2 (a) shall be submitted in unclassified form, but may include

3 a classified annex.

4 SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW

5 PROJECTS UNDER FACILITIES AND INFRA6 STRUCTURE RECAPITALIZATION PROGRAM

7 AFTER PROJECT SELECTION DEADLINE.

8 (a) LIMITED AUTHORITY TO CARRY OUT NEW

9 PROJECTS.—Section 3114(a) of the National Defense Au10 thorization Act for Fiscal Year 2004 (Public Law 108–136;

11 117 Stat. 1744; 50 U.S.C. 2453 note) is amended—

12 (1) in the subsection caption, by striking ‘‘DEAD13 LINE FOR’’;

14 (2) in paragraph (2), by striking ‘‘No project’’

15 and inserting ‘‘Except as provided in paragraph (3),

16 no project’’; and

17 (3) by adding at the end the following new para18 graph:

19 ‘‘(3)(A) Subject to the provisions of this paragraph, a

20 project described in subparagraph (B) may be carried out

21 under the Facilities and Infrastructure Recapitalization

22 Program after December 31, 2004, if the Administrator ap23 proves the project. The Administrator may not delegate the

24 authority to approve projects under the preceding sentence.
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1 ‘‘(B) A project described in this subparagraph is a

2 project that consists of a specific building, facility, or other

3 improvement (including fences, roads, or similar improve4 ments).

5 ‘‘(C) Funds may not be obligated or expended for a

6 project under this paragraph until 60 days after the date

7 on which the Administrator submits to the congressional de8 fense committees a notice on the project, including a de9 scription of the project and the nature of the project, a state10 ment explaining why the project was not included in the

11 Facilities and Infrastructure Recapitalization Program

12 under paragraph (1), and a statement explaining why the

13 project was not included in any other program under the

14 jurisdiction of the Administrator.

15 ‘‘(D) The total number of projects that may be carried

16 out under this paragraph in any fiscal year may not exceed

17 five projects.

18 ‘‘(E) The Administrator may not utilize the authority

19 in this paragraph until 60 days after the later of—

20 ‘‘(i) the date of the submittal to the congressional

21 defense committees of a list of the projects selected for

22 inclusion in the Facilities and Infrastructure Recapi23 talization Program under paragraph (1); or
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1 ‘‘(ii) the date of the submittal to the congres2 sional defense committees of the report required by

3 subsection (c).

4 ‘‘(F) A project may not be carried out under this para5 graph unless the project will be completed by September 30,

6 2011.’’.

7 (b) CONSTRUCTION OF AUTHORITY.—The amendments

8 made by subsection (a) may not be construed to authorize

9 any delay in either of the following:

10 (1) The selection of projects for inclusion in the

11 Facilities and Infrastructure Recapitalization Pro12 gram under subsection (a) of section 3114 of the Na13 tional Defense Authorization Act for Fiscal Year

14 2004.

15 (2) The submittal of the report required by sub16 section (c) of such section.

17 SEC. 3114. MODIFICATION OF MILESTONE AND REPORT RE18 QUIREMENTS FOR NATIONAL IGNITION FA19 CILITY.

20 (a) NOTIFICATION ON MILESTONES TO ACHIEVE IGNI21 TION.—Subsection (a) of section 3137 of the National De22 fense Authorization Act for Fiscal Year 2002 (Public Law

23 107–107; 115 Stat. 1369) is amended by striking ‘‘each

24 Level I milestone and Level II milestone for the National
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1 Ignition Facility.’’ and inserting the following: ‘‘each mile2 stone for the National Ignition Facility as follows:

3 ‘‘(1) Each Level I milestone.

4 ‘‘(2) Each Level II milestone.

5 ‘‘(3) Each milestone to achieve ignition.’’.

6 (b) REPORT ON FAILURE OF TIMELY ACHIEVEMENT

7 OF MILESTONES.—Subsection (b) of such section is amend8 ed by striking ‘‘a Level I milestone or Level II milestone

9 for the National Ignition Facility’’ and inserting ‘‘a mile10 stone for the National Ignition Facility referred to in sub11 section (a)’’.

12 (c) MILESTONES TO ACHIEVE IGNITION.—Subsection

13 (c) of such section is amended to read as follows:

14 ‘‘(c) MILESTONES.—For purposes of this section:

15 ‘‘(1) The Level I and Level II milestones for the

16 National Ignition Facility are as established in the

17 August 2000 revised National Ignition Facility base18 line document.

19 ‘‘(2) The milestones of the National Ignition Fa20 cility to achieve ignition are such milestones (other

21 than the milestones referred to in paragraph (1)) as

22 the Administrator shall establish on any activities at

23 the National Ignition Facility that are required to

24 enable the National Ignition Facility to achieve igni-
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1 tion and be a fully functioning user facility by De2 cember 31, 2011.’’.

3 (d) SUBMITTAL TO CONGRESS OF MILESTONES TO

4 ACHIEVE IGNITION.—Not later than January 31, 2005, the

5 Administrator for Nuclear Security shall submit to the con6 gressional defense committees a report setting forth the mile7 stones of the National Ignition Facility to achieve ignition

8 as established by the Administration under subsection (c)(2)

9 of section 3137 of the National Defense Authorization Act

10 for Fiscal Year 2002, as amended by subsection (c) of this

11 section. The report shall include—

12 (1) a description of each milestone established;

13 and

14 (2) a proposal for the funding to be required to

15 meet each such milestone.

16 (e) EXTENSION OF SUNSET.—Subsection (d) of section

17 3137 of such Act is amended by striking ‘‘September 30,

18 2004’’ and inserting ‘‘December 31, 2011’’.

19 SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL

20 PLAN FOR STEWARDSHIP, MANAGEMENT, AND

21 CERTIFICATION OF WARHEADS IN THE NU22 CLEAR WEAPONS STOCKPILE.

23 Section 4203(c) of the Atomic Energy Defense Act (50

24 U.S.C. 2523(c)) is amended is amended by striking ‘‘March
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1 15 of each year thereafter’’ and inserting ‘‘May 1 of each

2 year thereafter’’.

3 SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, with respect to material stored at a Department

6 of Energy site at which activities are regulated by the State

7 pursuant to approved closure plans or permits issued by

8 the State, high-level radioactive waste does not include ra9 dioactive material resulting from the reprocessing of spent

10 nuclear fuel that the Secretary of Energy determines—

11 (1) does not require permanent isolation in a

12 deep geologic repository for spent fuel or highly radio13 active waste pursuant to criteria promulgated by the

14 Department of Energy by rule approved by the Nu15 clear Regulatory Commission;

16 (2) has had highly radioactive radionuclides re17 moved to the maximum extent practical in accordance

18 with the Nuclear Regulatory Commission-approved

19 criteria; and

20 (3) in the case of material derived from the stor21 age tanks, is disposed of in a facility (including a

22 tank) within the State pursuant to a State-approved

23 closure plan or a State-issued permit, authority for

24 the approval or issuance of which is conferred on the

25 State outside of this Act.
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1 (b) INAPPLICABILITY TO CERTAIN MATERIALS.—Sub2 section (a) shall not apply to any material otherwise cov3 ered by that subsection that is transported from the State.

4 (c) SCOPE OF AUTHORITY TO CARRY OUT ACTIONS.—

5 The Department of Energy may implement any action

6 authorized—

7 (1) by a State-approved closure plan or State8 issued permit in existence on the date of enactment of

9 this section; or

10 (2) by a closure plan approved by the State or

11 a permit issued by the State during the pendency of

12 the rulemaking provided for in subsection (a).

13 Any such action may be completed pursuant to the terms

14 of the closure plan or the State-issued permit notwith15 standing the final criteria adopted by the rulemaking pur16 suant to subsection (a).

17 (d) STATE DEFINED.—In this section, the term

18 ‘‘State’’ means the State of South Carolina.

19 (e) CONSTRUCTION.—(1) Nothing in this section shall

20 affect, alter, or modify the full implementation of—

21 (A) the settlement agreement entered into by the

22 United States with the State of Idaho in the actions

23 captioned Public Service Co. of Colorado v. Batt,

24 Civil No. 91–0035–S–EJL, and United States v.

25 Batt, Civil No. 91–0054–S–EJL, in the United States
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1 District Court for the District of Idaho, and the con2 sent order of the United States District Court for the

3 District of Idaho, dated October 17, 1995, that effec4 tuates the settlement agreement;

5 (B) the Idaho National Engineering Laboratory

6 Federal Facility Agreement and Consent Order; or

7 (C) the Hanford Federal Facility Agreement and

8 Consent Order.

9 (2) Nothing in this section establishes any precedent

10 or is binding on the State of Idaho, the State of Washington,

11 the State of Oregon, or any other State for the management,

12 storage, treatment, and disposition of radioactive and haz13 ardous materials.

14 SEC. 3117. NATIONAL ACADEMY OF SCIENCES STUDY.

15 (a) REVIEWBY NATIONAL RESEARCH COUNCIL.—Not

16 later than 30 days after the date of the enactment of this

17 Act, the Secretary of Energy shall enter into a contract with

18 the National Research Council of the National Academies

19 to conduct a study of the necessary technologies and re20 search gaps in the Department of Energy’s program to re21 move high-level radioactive waste from the storage tanks at

22 the Department’s sites in South Carolina, Washington and

23 Idaho.

24 (b) MATTERS TO BE ADDRESSED IN STUDY.—The

25 study shall address the following:
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1 (1) the quantities and characteristics of waste in

2 each high-level waste storage tank described in para3 graph (a), including data uncertainties;

4 (2) the technologies by which high-level radio5 active waste is currently being removed from the

6 tanks for final disposal under the Nuclear Waste Pol7 icy Act;

8 (3) technologies currently available but not in

9 use in removing high-level radioactive waste from the

10 tanks;

11 (4) any technology gaps that exist to effect the

12 removal of high-level radioactive waste from the

13 tanks;

14 (5) other matters that in the judgement of the

15 National Research Council directly relate to the focus

16 of this study.

17 (c) TIME LIMITATION.—The National Research Coun18 cil shall conduct the review over a one year period begin19 ning upon execution of the contract described in subsection

20 (a).

21 (d) REPORTS.—(1) The National Research Council

22 shall submit its findings, conclusions and recommendations

23 to the Secretary of Energy and to the relevant Committees

24 of jurisdiction of the United States Senate and House of

25 Representatives.
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1 (2) The final report shall be submitted in unclas2 sified form with classified annexes as necessary.

3 (e) PROVISION OF INFORMATION.—The Secretary of

4 Energy shall make available to the National Research

5 Council all of the information necessary to complete its re6 port in a timely manner.

7 (f) EXPEDITED PROCESSING OF SECURITY CLEAR8 ANCES.—For purposes of facilitating the commencement of

9 the study under this section, the Secretary of Energy shall

10 expedite to the fullest degree possible the processing of secu11 rity clearances that are necessary for the National Research

12 Council to conduct the study.

13 (g) FUNDING.—Of the amount authorized to be appro14 priated in section 3102(a)(1) for environmental manage15 ment for defense site acceleration completion, $750,000 shall

16 be available for the study authorized under this section.

17 SEC. 3118. ANNUAL REPORT ON EXPENDITURES FOR SAFE18 GUARDS AND SECURITY.

19 (a) ANNUAL REPORT REQUIRED.—Subtitle C of title

20 XLVII of the Atomic Energy Defense Act (50 U.S.C. 2771

21 et seq.) is amended by adding at the end the following new

22 section:
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1 ‘‘SEC. 4732. ANNUAL REPORT ON EXPENDITURES FOR SAFE2 GUARDS AND SECURITY.

3 ‘‘The Secretary of Energy shall submit to Congress

4 each year, in the budget justification materials submitted

5 to Congress in support of the budget of the President for

6 the fiscal year beginning in such year (as submitted under

7 section 1105(a) of title 31, United States Code), the fol8 lowing:

9 ‘‘(1) A detailed description and accounting of the

10 proposed obligations and expenditures by the Depart11 ment of Energy for safeguards and security in car12 rying out programs necessary for the national secu13 rity for the fiscal year covered by such budget, includ14 ing any technologies on safeguards and security pro15 posed to be deployed or implemented during such fis16 cal year.

17 ‘‘(2) With respect to the fiscal year ending in the

18 year before the year in which such budget is sub19 mitted, a detailed description and accounting of—

20 ‘‘(A) the policy on safeguards and security,

21 including any modifications in such policy

22 adopted or implemented during such fiscal year;

23 ‘‘(B) any initiatives on safeguards and se24 curity in effect or implemented during such fis25 cal year;
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1 ‘‘(C) the amount obligated and expended for

2 safeguards and security during such fiscal year,

3 set forth by total amount, by amount per pro4 gram, and by amount per facility; and

5 ‘‘(D) the technologies on safeguards and se6 curity deployed or implemented during such fis7 cal year.’’.

8 (b) CLERICAL AMENDMENT.—The table of contents for

9 that Act is amended by inserting after the item relating

10 to section 4731 the following new item:

‘‘Sec. 4732. Annual report on expenditures for safeguards and security.’’.

11 SEC. 3119. AUTHORITY TO CONSOLIDATE COUNTERINTEL12 LIGENCE OFFICES OF DEPARTMENT OF EN13 ERGY AND NATIONAL NUCLEAR SECURITY

14 ADMINISTRATION WITHIN NATIONAL NU15 CLEAR SECURITY ADMINISTRATION.

16 (a) AUTHORITY.—The Secretary of Energy may con17 solidate the counterintelligence programs and functions re18 ferred to in subsection (b) within the Office of Defense Nu19 clear Counterintelligence of the National Nuclear Security

20 Administration and provide for their discharge by that Of21 fice.

22 (b) COVERED PROGRAMS AND FUNCTIONS.—The pro23 grams and functions referred to in this subsection are as

24 follows:
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1 (1) The functions and programs of the Office of

2 Counterintelligence of the Department of Energy

3 under section 215 of the Department of Energy Orga4 nization Act (42 U.S.C. 7144b).

5 (2) The functions and programs of the Office of

6 Defense Nuclear Counterintelligence of the National

7 Nuclear Security Administration under section 3232

8 of the National Nuclear Security Administration Act

9 (50 U.S.C. 2422), including the counterintelligence

10 programs under section 3233 of that Act (50 U.S.C.

11 2423).

12 (c) ESTABLISHMENT OF POLICY.—The Secretary shall

13 have the responsibility to establish policy for the discharge

14 of the counterintelligence programs and functions consoli15 dated within the National Nuclear Security Administration

16 under subsection (a) as provided for under section 213 of

17 the Department of Energy Organization Act (42 U.S.C.

18 7144).

19 (d) PRESERVATION OF COUNTERINTELLIGENCE CAPA20 BILITY.—In consolidating counterintelligence programs and

21 functions within the National Nuclear Security Adminis22 tration under subsection (a), the Secretary shall ensure that

23 the counterintelligence capabilities of the Department of

24 Energy and the National Nuclear Security Administration

25 are in no way degraded or compromised.
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1 (e) REPORT ON EXERCISE OF AUTHORITY.—In the

2 event the Secretary exercises the authority in subsection (a),

3 the Secretary shall submit to the congressional defense com4 mittees a report on the exercise of the authority. The report

5 shall include—

6 (1) a description of the manner in which the

7 counterintelligence programs and functions referred to

8 in subsection (b) shall be consolidated within the Of9 fice of Defense Nuclear Counterintelligence of the Na10 tional Nuclear Security Administration and dis11 charged by that Office;

12 (2) a notice of the date on which that Office shall

13 commence the discharge of such programs and func14 tions, as so consolidated; and

15 (3) a proposal for such legislative action as the

16 Secretary considers appropriate to effectuate the dis17 charge of such programs and functions, as so consoli18 dated, by that Office.

19 (f) DEADLINE FOR EXERCISE OF AUTHORITY.—The

20 authority in subsection (a) may be exercised, if at all, not

21 later than one year after the date of the enactment of this

22 Act.

23 SEC. 3120. TREATMENT OF WASTE MATERIAL.

24 (a) AVAILABILITY OF FUNDS FOR TREATMENT.—Of

25 the amount authorized to be appropriated by section
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1 3102(a)(1) for environmental management for defense site

2 acceleration completion, $350,000,000 shall be available for

3 the following purposes at the sites referred to in subsection

4 (b):

5 (1) The safe management of tanks or tank farms

6 used to store waste from reprocessing activities.

7 (2) The on-site treatment and storage of wastes

8 from reprocessing activities and related waste.

9 (3) The consolidation of tank waste.

10 (4) The emptying and cleaning of storage tanks.

11 (5) Actions under section 3116.

12 (b) SITES.—The sites referred to in this subsection are

13 as follows:

14 (1) The Idaho National Engineering and Envi15 ronmental Laboratory, Idaho.

16 (2) The Savannah River Site, Aiken, South

17 Carolina.

18 (3) The Hanford Site, Richland, Washington.

19 (c) EFFECTIVE DATE.—This section shall become effec20 tive 1 day after enactment.

21 SEC. 3121. LOCAL STAKEHOLDER ORGANIZATIONS FOR DE22 PARTMENT OF ENERGY ENVIRONMENTAL

23 MANAGEMENT 2006 CLOSURE SITES.

24 (a) ESTABLISHMENT.—(1) The Secretary of Energy

25 shall establish for each Department of Energy Environ-
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1 mental Management 2006 closure site a local stakeholder

2 organization having the responsibilities set forth in sub3 section (c).

4 (2) The local stakeholder organization shall be estab5 lished in consultation with interested elected officials of

6 local governments in the vicinity of the closure site con7 cerned.

8 (b) COMPOSITION.—A local stakeholder organization

9 for a Department of Energy Environmental Management

10 2006 closure site under subsection (a) shall be composed of

11 such elected officials of local governments in the vicinity

12 of the closure site concerned as the Secretary considers ap13 propriate to carry out the responsibilities set forth in sub14 section (c) who agree to serve on the organization, or the

15 designees of such officials.

16 (c) RESPONSIBILITIES.—A local stakeholder organiza17 tion for a Department of Energy Environmental Manage18 ment 2006 closure site under subsection (a) shall—

19 (1) solicit and encourage public participation in

20 appropriate activities relating to the closure and post21 closure operations of the site;

22 (2) disseminate information on the closure and

23 post-closure operations of the site to the State govern24 ment of the State in which the site is located, local

25 and Tribal governments in the vicinity of the site,
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1 and persons and entities having a stake in the closure

2 or post-closure operations of the site;

3 (3) transmit to appropriate officers and employ4 ees of the Department of Energy questions and con5 cerns of governments, persons, and entities referred to

6 paragraph (2) on the closure and post-closure oper7 ations of the site; and

8 (4) perform such other duties as the Secretary

9 and the local stakeholder organization jointly deter10 mine appropriate to assist the Secretary in meeting

11 post-closure obligations of the Department at the site.

12 (d) DEADLINE FOR ESTABLISHMENT.—The local stake13 holder organization for a Department of Energy Environ14 mental Management 2006 closure site shall be established

15 not later than six months before the closure of the site.

16 (e) INAPPLICABILITY OF FEDERAL ADVISORY COM17 MITTEE ACT.—The Federal Advisory Committee Act (5

18 U.S.C. App.) shall not apply to local stakeholder organiza19 tions under this section.

20 (f) DEPARTMENT OF ENERGY ENVIRONMENTAL MAN21 AGEMENT 2006 CLOSURE SITE DEFINED.—In this section,

22 the term ‘‘Department of Energy Environmental Manage23 ment 2006 closure site’’ means each clean up site of the De24 partment of Energy scheduled by the Department as of Jan25 uary 1, 2004, for closure in 2006.
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1 SEC. 3122. REPORT ON MAINTENANCE OF RETIREMENT

2 BENEFITS FOR CERTAIN WORKERS AT 2006

3 CLOSURE SITES AFTER CLOSURE OF SITES.

4 (a) REPORT REQUIRED.—Not later than 60 days after

5 the date of the enactment of this Act, the Assistant Secretary

6 of Energy for Environmental Management shall submit to

7 the Secretary of Energy a report on the maintenance of re8 tirements benefits for workers at Department of Energy

9 2006 closure sites after the closure of such sites.

10 (b) ELEMENTS.—The report under subsection (a) shall

11 include the following:

12 (1) The number of workers at Department of En13 ergy 2006 closure sites that could lose retirement ben14 efits as a result of the early closure of such a site.

15 (2) The impact on collective bargaining agree16 ments with workers at Department of Energy 2006

17 closure sites of the loss of their retirement benefits as

18 described in paragraph (1).

19 (3) The cost of providing retirement benefits,

20 after the closure of Department of Energy 2006 clo21 sure sites, to workers at such sites who would other22 wise lose their benefits as described in paragraph (1)

23 after the closure of such sites.

24 (c) TRANSMITTAL TO CONGRESS.—Not later than 30

25 days after receiving the report under subsection (a), the Sec26 retary shall transmit the report to Congress, together with
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1 such recommendations, including recommendations for leg2 islative action, as the Secretary considers appropriate.

3 (d) DEFINITIONS.—In this section:

4 (1) The term ‘‘Department of Energy 2006 clo5 sure site’’ means the following:

6 (A) The Rocky Flats Environmental Tech7 nology Site, Colorado.

8 (B) The Fernald Plant, Ohio.

9 (C) The Mound Plant, Ohio.

10 (2) The term ‘‘worker’’ means any employee who

11 is employed by contract to perform cleanup, security,

12 or administrative duties or responsibilities at a De13 partment of Energy 2006 closure site.

14 (3) The term ‘‘retirement benefits’’ means health,

15 pension, and any other retirement benefits.

16 SEC. 3123. REPORT ON EFFORTS OF NATIONAL NUCLEAR

17 SECURITY ADMINISTRATION TO UNDER18 STAND PLUTONIUM AGING.

19 (a) STUDY.—(1) The Administrator for Nuclear Secu20 rity shall enter into a contract with a Federally Funded

21 Research and Development Center (FFRDC) providing for

22 a study to assess the efforts of the National Nuclear Security

23 Administration to understand the aging of plutonium in

24 nuclear weapons.
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1 (2) The Administrator shall make available to the

2 FFRDC contractor under this subsection all information

3 that is necessary for the contractor to successfully complete

4 a meaningful study on a timely basis.

5 (b) REPORT REQUIRED.—(1) Not later than two years

6 after the date of the enactment of this Act, the Adminis7 trator shall submit to Congress a report on the findings of

8 the study on the efforts of the Administration to understand

9 the aging of plutonium in nuclear weapons.

10 (2) The report shall include the recommendations of

11 the study for improving the knowledge, understanding, and

12 application of the fundamental and applied sciences related

13 to the study of plutonium aging.

14 (3) The report shall be submitted in unclassified form,

15 but may include a classified annex.

16 Subtitle C—Proliferation Matters

17 SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTER18 NATIONAL NUCLEAR MATERIALS PROTEC19 TION AND COOPERATION PROGRAM FUNDS

20 OUTSIDE THE FORMER SOVIET UNION.

21 (a) APPLICABILITY OF AUTHORITY LIMITED TO

22 PROJECTS NOT PREVIOUSLY AUTHORIZED.—Subsection

23 (a) of section 3124 of the National Defense Authorization

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

25 1747) is amended by inserting ‘‘that has not previously
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1 been authorized by Congress’’ after ‘‘states of the former So2 viet Union’’.

3 (b) REPEAL OF LIMITATION ON TOTAL AMOUNT OF

4 OBLIGATION.—Such section is further amended—

5 (1) by striking subsection (c); and

6 (2) by redesignating subsections (d), (e), and (f)

7 as subsections (c), (d), and (e), respectively.

8 SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF

9 FISSILE MATERIALS, RADIOLOGICAL MATE10 RIALS, AND RELATED EQUIPMENT AT VUL11 NERABLE SITES WORLDWIDE.

12 (a) SENSE OF CONGRESS.—(1) It is the sense of Con13 gress that the security, including the rapid removal or se14 cure storage, of high-risk, proliferation-attractive fissile ma15 terials, radiological materials, and related equipment at

16 vulnerable sites worldwide should be a top priority among

17 the activities to achieve the national security of the United

18 States.

19 (2) It is the sense of Congress that the President may

20 establish in the Department of Energy a task force to be

21 known as the Task Force on Nuclear Materials to carry out

22 the program authorized by subsection (b).

23 (b) PROGRAM AUTHORIZED.—The Secretary of Energy

24 may carry out a program to undertake an accelerated, com25 prehensive worldwide effort to mitigate the threats posed by
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1 high-risk, proliferation-attractive fissile materials, radio2 logical materials, and related equipment located at sites po3 tentially vulnerable to theft or diversion.

4 (c) PROGRAM ELEMENTS.—(1) Activities under the

5 program under subsection (b) may include the following:

6 (A) Accelerated efforts to secure, remove, or

7 eliminate proliferation-attractive fissile materials or

8 radiological materials in research reactors, other reac9 tors, and other facilities worldwide.

10 (B) Arrangements for the secure shipment of pro11 liferation-attractive fissile materials, radiological ma12 terials, and related equipment to other countries will13 ing to accept such materials and equipment, or to the

14 United States if such countries cannot be identified,

15 and the provision of secure storage or disposition of

16 such materials and equipment following shipment.

17 (C) The transportation of proliferation-attractive

18 fissile materials, radiological materials, and related

19 equipment from sites identified as proliferation risks

20 to secure facilities in other countries or in the United

21 States.

22 (D) The processing and packaging of prolifera23 tion-attractive fissile materials, radiological mate24 rials, and related equipment in accordance with re-
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1 quired standards for transport, storage, and disposi2 tion.

3 (E) The provision of interim security upgrades

4 for vulnerable, proliferation-attractive fissile mate5 rials and radiological materials and related equip6 ment pending their removal from their current sites.

7 (F) The utilization of funds to upgrade security

8 and accounting at sites where proliferation-attractive

9 fissile materials or radiological materials will remain

10 for an extended period of time in order to ensure that

11 such materials are secure against plausible potential

12 threats and will remain so in the future.

13 (G) The management of proliferation-attractive

14 fissile materials, radiological materials, and related

15 equipment at secure facilities.

16 (H) Actions to ensure that security, including se17 curity upgrades at sites and facilities for the storage

18 or disposition of proliferation-attractive fissile mate19 rials, radiological materials, and related equipment,

20 continues to function as intended.

21 (I) The provision of technical support to the

22 International Atomic Energy Agency (IAEA), other

23 countries, and other entities to facilitate removal of,

24 and security upgrades to facilities that contain, pro-
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1 liferation-attractive fissile materials, radiological ma2 terials, and related equipment worldwide.

3 (J) The development of alternative fuels and ir4 radiation targets based on low-enriched uranium to

5 convert research or other reactors fueled by highly-en6 riched uranium to such alternative fuels, as well as

7 the conversion of reactors and irradiation targets em8 ploying highly-enriched uranium to employment of

9 such alternative fuels and targets.

10 (K) Accelerated actions for the blend down of

11 highly-enriched uranium to low-enriched uranium.

12 (L) The provision of assistance in the closure

13 and decommissioning of sites identified as presenting

14 risks of proliferation of proliferation-attractive fissile

15 materials, radiological materials, and related equip16 ment.

17 (M) Programs to—

18 (i) assist in the placement of employees dis19 placed as a result of actions pursuant to the pro20 gram in enterprises not representing a prolifera21 tion threat; and

22 (ii) convert sites identified as presenting

23 risks of proliferation regarding proliferation-at24 tractive fissile materials, radiological materials,

25 and related equipment to purposes not rep-
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1 resenting a proliferation threat to the extent nec2 essary to eliminate the proliferation threat.

3 (2) The Secretary of Energy shall, in coordination

4 with the Secretary of State, carry out the program in con5 sultation with, and with the assistance of, appropriate de6 partments, agencies, and other entities of the United States

7 Government.

8 (3) The Secretary of Energy shall, with the concur9 rence of the Secretary of State, carry out activities under

10 the program in collaboration with such foreign govern11 ments, non-governmental organizations, and other inter12 national entities as the Secretary considers appropriate for

13 the program.

14 (d) REPORTS.—(1) Not later than March 15, 2005, the

15 Secretary shall submit to Congress a classified interim re16 port on the program under subsection (b).

17 (2) Not later than January 1, 2006, the Secretary shall

18 submit to Congress a classified final report that includes

19 the following:

20 (A) A survey by the Secretary of the facilities

21 and sites worldwide that contain proliferation-attrac22 tive fissile materials, radiological materials, or re23 lated equipment.

24 (B) A list of sites determined by the Secretary to

25 be of the highest priority, taking into account risk of
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1 theft from such sites, for removal or security of pro2 liferation-attractive fissile materials, radiological ma3 terials, or related equipment, organized by level of

4 priority.

5 (C) A plan, including activities under the pro6 gram under this section, for the removal, security, or

7 both of proliferation-attractive fissile materials, radi8 ological materials, or related equipment at vulnerable

9 facilities and sites worldwide, including measurable

10 milestones, metrics, and estimated costs for the imple11 mentation of the plan.

12 (3) A summary of each report under this subsection

13 shall also be submitted to Congress in unclassified form.

14 (e) FUNDING.—Amounts authorized to be appropriated

15 to the Secretary of Energy for defense nuclear nonprolifera16 tion activities shall be available for purposes of the program

17 under this section.

18 (f) DEFINITIONS.—In this section:

19 (1) The term ‘‘fissile materials’’ means pluto20 nium, highly-enriched uranium, or other material ca21 pable of sustaining an explosive nuclear chain reac22 tion, including irradiated items containing such ma23 terials if the radiation field from such items is not

24 sufficient to prevent the theft or misuse of such items.
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1 (2) The term ‘‘radiological materials’’ includes

2 Americium-241, Californium-252, Cesium-137, Co3 balt-60, Iridium-192, Plutonium-238, Radium-226

4 and Strontium-90, Curium-244, Strontium-90, and

5 irradiated items containing such materials, or other

6 materials designated by the Secretary of Energy for

7 purposes of this paragraph.

8 (3) The term ‘‘related equipment’’ includes

9 equipment useful for enrichment of uranium in the

10 isotope 235 and for extraction of fissile materials

11 from irradiated fuel rods and other equipment des12 ignated by the Secretary of Energy for purposes of

13 this section.

14 (4) The term ‘‘highly-enriched uranium’’ means

15 uranium enriched to or above 20 percent in isotope

16 235.

17 (5) The term ‘‘low-enriched uranium’’ means

18 uranium enriched below 20 percent in isotope 235.

19 (6) The term ‘‘proliferation-attractive’’, in the

20 case of fissile materials and radiological materials,

21 means quantities and types of such materials that are

22 determined by the Secretary of Energy to present a

23 significant risk to the national security of the United

24 States if diverted to a use relating to proliferation.
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1 Subtitle D—Other Matters

2 SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY

3 CONTRACTORS.

4 Section 170 d.(1)(A) of the Atomic Energy Act of 1954

5 (42 U.S.C. 2210(d)(1)(A)) is amended by striking ‘‘until

6 December 31, 2004’’ and inserting ‘‘until December 31,

7 2006’’.

8 SEC. 3142. TWO-YEAR EXTENSION OF AUTHORITY FOR AP9 POINTMENT OF CERTAIN SCIENTIFIC, ENGI10 NEERING, AND TECHNICAL PERSONNEL.

11 Section 4601(c)(1) of the Atomic Energy Defense Act

12 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘September

13 30, 2004’’ and inserting ‘‘September 30, 2006’’.

14 SEC. 3143. ENHANCEMENT OF ENERGY EMPLOYEES OCCU15 PATIONAL ILLNESS COMPENSATION PRO16 GRAM AUTHORITIES.

17 (a) STATE AGREEMENTS.—Section 3661 of the Floyd

18 D. Spence National Defense Authorization Act for Fiscal

19 Year 2001 (as enacted into law by Public Law 106–394)

20 (42 U.S.C. 7385o) is amended—

21 (1) in subsection (b), by striking ‘‘Pursuant to

22 agreements under subsection (a), the’’ and inserting

23 ‘‘The’’;

24 (2) in subsection (c), by striking ‘‘provided in an

25 agreement under subsection (a), and if’’; and
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1 (3) in subsection (e), by striking ‘‘If provided in

2 an agreement under subsection (a)’’ and inserting ‘‘If

3 a panel has reported a determination under sub4 section (d)(5)’’.

5 (b) PHYSICIAN PANELS.—Subsection (d) of such sec6 tion is amended by striking paragraph (2) and inserting

7 the following new paragraph (2):

8 ‘‘(2) The Secretary of Health and Human Services

9 shall, in consultation with the Secretary of Energy, select

10 the individuals to serve as panel members based on experi11 ence and competency in diagnosing occupational illnesses.

12 The Secretary shall appoint the individuals so selected as

13 panel members or shall obtain by contract the services of

14 such individuals as panel members.’’.

15 SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICIN16 ITY OF LOS ALAMOS NATIONAL LABORATORY,

17 NEW MEXICO.

18 The Secretary of Energy shall require that the primary

19 management and operations contract for Los Alamos Na20 tional Laboratory, New Mexico, that involves Laboratory

21 operations after September 30, 2005, shall contain terms

22 requiring the contractor under such contract to provide sup23 port to the Los Alamos Public School District, New Mexico,

24 for the elementary and secondary education of students by
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1 the School District in the amount of $8,000,000 in each

2 fiscal year.

3 SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT,

4 NEW MEXICO, PURSUANT TO COMPETITIVE

5 CONTRACT.

6 (a) CONTRACT REQUIREMENT.—The Secretary of En7 ergy shall use competitive procedures to enter into a con8 tract to conduct independent reviews and evaluations of the

9 design, construction, and operations of the Waste Isolation

10 Pilot Plant in New Mexico (hereafter in this section referred

11 as the ‘‘WIPP’’) as they relate to the protection of the public

12 health and safety and the environment. The contract shall

13 be for a period of one year, beginning on October 1, 2004,

14 and shall be renewable for four additional one-year periods

15 with the consent of the contractor and subject to the author16 ization and appropriation of funds for such purpose.

17 (b) CONTENT OF CONTRACT.—A contract entered into

18 under subsection (a) shall require the following:

19 (1) The contractor shall appoint a Director and

20 Deputy Director, who shall be scientists of national

21 eminence in the field of nuclear waste disposal, shall

22 be free from any biases related to the activities of the

23 WIPP, and shall be widely known for their integrity

24 and scientific expertise.
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1 (2) The Director shall appoint staff. The profes2 sional staff shall consist of scientists and engineers of

3 recognized integrity and scientific expertise who rep4 resent scientific and engineering disciplines needed

5 for a thorough review of the WIPP, including dis6 ciplines such as geology, hydrology, health physics,

7 environmental engineering, probability risk analysis,

8 mining engineering, and radiation chemistry. The

9 disciplines represented in the staff shall change as

10 may be necessary to meet changed needs in carrying

11 out the contract for expertise in any certain scientific

12 or engineering discipline. Scientists employed under

13 the contract shall have qualifications and experience

14 equivalent to the qualifications and experience re15 quired for scientists employed by the Federal Govern16 ment in grades GS–13 through GS–15.

17 (3) Scientists employed under the contract shall

18 have an appropriate support staff.

19 (4) The Director and Deputy Director shall each

20 be appointed for a term of 5 years, subject to contract

21 renewal, and may be removed only for misconduct or

22 incompetence. The staff shall be appointed for such

23 terms as the Director considers appropriate.

24 (5) The rates of pay of professional staff and the

25 procedures for increasing the rates of pay of profes-
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1 sional staff shall be equivalent to those rates and pro2 cedures provided for the General Schedule pay system

3 under chapter 53 of title 5, United States Code.

4 (6) The results of reviews and evaluations car5 ried out under the contract shall be published.

6 (c) ADMINISTRATION.—The contractor shall establish

7 general policies and guidelines to be used by the Director

8 in carrying out the work under the contract.

9 SEC. 3146. COMPENSATION OF PAJARITO PLATEAU, NEW

10 MEXICO, HOMESTEADERS FOR ACQUISITION

11 OF LANDS FOR MANHATTAN PROJECT IN

12 WORLD WAR II.

13 (a) ESTABLISHMENT OF COMPENSATION FUND.—

14 There is established in the Treasury of the United States

15 a fund to be known as the Pajarito Plateau Homesteaders

16 Compensation Fund (in this section referred to as the

17 ‘‘Fund’’). The Fund shall be dedicated to the settlement of

18 the two lawsuits in the United States District Court for

19 the District of New Mexico consolidated as Civ. No. 00–

20 60.

21 (b) ELEMENTS OF FUND.—The Fund shall consist of

22 the following:

23 (1) Amounts available for deposit in the Fund

24 under subsection (j).
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1 (2) Interest earned on amounts in the Fund

2 under subsection (g).

3 (c) USE OF FUND.—The Fund shall be available for

4 the settlement of the consolidated lawsuits in accordance

5 with the following requirements:

6 (1) The settlement shall be subject to preliminary

7 and final approval by the Court in accordance with

8 rule 23(e) of the Federal Rules of Civil Procedure.

9 (2) Lead Counsel and Counsel for the United

10 States of America shall recommend to the Court rea11 sonable procedures by which the claims for monies

12 from the Fund shall be administered, which rec13 ommendations shall include mechanisms—

14 (A) to identify class members;

15 (B) to receive claims from class members so

16 identified;

17 (C) to determine in accordance with sub18 section (d) eligible claimants from among class

19 members submitting claims; and

20 (D) to resolve contests, if any, among eligi21 ble claimants with respect to a particular eligible

22 tract regarding the disbursement of monies in

23 the Fund with respect to such eligible tract.
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1 (3) Lead Counsel and Counsel for the United

2 States of America shall provide evidence to the Court

3 to assist the Court in—

4 (A) identifying each class member by name

5 and whereabouts;

6 (B) providing notice of the settlement proc7 ess for the consolidated lawsuits to each class

8 member so identified; and

9 (C) providing the forms, and describing the

10 procedure, for making claims to each class mem11 ber so identified.

12 (4) After the provision of notice to class members

13 under paragraph (3), if, within a time period to be

14 established by the Court, more than 10 percent of the

15 class members submit to the Court written notice of

16 their determination to be excluded from participation

17 in the settlement of the consolidated lawsuits—

18 (A) the Fund shall not serve as the basis for

19 the settlement of the consolidated lawsuits and

20 the provisions of this section shall have no fur21 ther force or effect; and

22 (B) amounts in the Fund shall not be dis23 bursed, but shall be retained in the Treasury as

24 miscellaneous receipts.
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1 (5) The Court may award attorney fees and ex2 penses from the Fund pursuant to rule 23 of the Fed3 eral Rules of Civil Procedure, except that the award

4 of attorney fees may not exceed 20 percent of the

5 Fund and the award of expenses may not exceed 2

6 percent of the Fund. Any attorney fees and expenses

7 so paid shall be paid from the Fund before distribu8 tion of the amount in the Fund to eligible claimants

9 entitled thereto.

10 (6) The Fund shall be available to pay settlement

11 awards in accordance with the following:

12 (A) The balance of the amount of the Fund

13 that is available for disbursement after any

14 award of attorney fees and expenses under para15 graph (5) shall be allocated proportionally by el16 igible tract according to its acreage as compared

17 with all eligible tracts.

18 (B) The allocation for each eligible tract

19 shall be allocated pro rata among all eligible

20 claimants having an interest in such eligible

21 tract according to the extent of their interest in

22 such eligible tract, as determined under the laws

23 of the State of New Mexico.
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1 (C) Payments from the Fund under this

2 paragraph shall be made by the Secretary of the

3 Treasury.

4 (7) Any amounts available for disbursement with

5 respect to an eligible tract that are not awarded to el6 igible claimants with respect to that tract by reason

7 of paragraph (6)(B) shall be retained in the Treasury

8 as miscellaneous receipts.

9 (d) ELIGIBLE CLAIMANTS.—(1) For purposes of this

10 section, an eligible claimant is any class member deter11 mined by the Court, by a preponderance of evidence and

12 pursuant to procedures established under subsection (c)(2),

13 to be a person or entity who held a fee simple ownership

14 in an eligible tract at the time of its acquisition by the

15 United States during World War II for use in the Manhat16 tan Project, or the heir, successor in interest, assignee, or

17 beneficiary of such a person or entity.

18 (2) The status of a person or entity as an heir, suc19 cessor in interest, assignee, or beneficiary for purposes of

20 this subsection shall be determined under the laws of the

21 State of New Mexico, including the descent and distribution

22 law of the State of New Mexico.

23 (e) FULL RESOLUTION OF CLAIMS AGAINST UNITED

24 STATES.—(1) The acceptance of a disbursement from the

25 Fund by an eligible claimant under this section shall con-
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1 stitute a final and complete release of the defendants in the

2 consolidated lawsuits with respect to such eligible claimant,

3 and shall be in full satisfaction of any and all claims of

4 such eligible claimant against the United States arising out

5 of acts described in the consolidated lawsuits.

6 (2) Upon the disbursement of the amount in the Fund

7 to eligible claimants entitled thereto under this section, the

8 Court shall, subject to the provisions of rule 23(e) of the

9 Federal Rules of Civil Procedure, enter a final judgment

10 dismissing with prejudice the consolidated lawsuits and all

11 claims and potential claims on matters covered by the con12 solidated lawsuits.

13 (f) COMPENSATION LIMITED TO AMOUNTS IN FUND.—

14 (1) An eligible claimant may be paid under this section

15 only from amounts in the Fund.

16 (2) Nothing in this section shall authorize the payment

17 to a class member by the United States Government of any

18 amount authorized by this section from any source other

19 than the Fund.

20 (g) INVESTMENT OF FUND.—(1) The Secretary of the

21 Treasury shall, in accordance with the requirements of sec22 tion 9702 of title 31, United States Code, and the provisions

23 of this subsection, direct the form and manner by which

24 the Fund shall be safeguarded and invested so as to maxi25 mize its safety while earning a return comparable to other
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1 common funds in which the United States Treasury is the

2 source of payment.

3 (2) Interest on the amount deposited in the Fund shall

4 accrue from the date of the enactment of the Act appro5 priating amounts for deposit in the Fund until the date

6 on which the Secretary of the Treasury disburses the

7 amount in the Fund to eligible claimants who are entitled

8 thereto under subsection (c).

9 (h) PRESERVATION OF RECORDS.—(1) All documents,

10 personal testimony, and other records created or received

11 by the Court in the consolidated lawsuits shall be kept and

12 maintained by the Archivist of the United States, who shall

13 preserve such documents, testimony, and records in the Na14 tional Archives of the United States.

15 (2) The Archivist shall make available to the public

16 the materials kept and maintained under paragraph (1).

17 (i) DEFINITIONS.—In this section:

18 (1) The term ‘‘Court’’ means the United States

19 District Court for the District of New Mexico having

20 jurisdiction over the consolidated lawsuits.

21 (2) The term ‘‘consolidated lawsuits’’ means the

22 two lawsuits in the United States District Court for

23 the District of New Mexico consolidated as Civ. No.

24 00–60.
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1 (3)(A) The term ‘‘eligible tract’’ means private

2 real property located on the Pajarito Plateau of what

3 is now Los Alamos County, New Mexico, that was ac4 quired by the United States during World War II for

5 use in the Manhattan Project and which is the subject

6 of the consolidated lawsuits.

7 (B) The term does not include lands of the Los

8 Alamos Ranch School and of the A.M. Ross Estate

9 (doing business as Anchor Ranch).

10 (4) The term ‘‘class member’’ means the fol11 lowing:

12 (A) Any person or entity who claims to

13 have held a fee simple ownership in an eligible

14 tract at the time of its acquisition by the United

15 States during World War II for use in the Man16 hattan Project.

17 (B) Any person or entity claiming to be the

18 heir, successor in interest, assignee, or bene19 ficiary of a person or entity who held a fee sim20 ple ownership in an eligible tract at the time of

21 its acquisition by the United States during

22 World War II for use in the Manhattan Project.

23 (j) FUNDING.—Of the amount authorized to be appro24 priated by section 3101(a)(4) for the National Nuclear Se25 curity Administration for the Office of the Administrator
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1 for Nuclear Security, $10,000,000 shall be available for de2 posit in the Fund under subsection (b)(1).

3 Subtitle E—Energy Employees Oc4 cupational Illness Compensation

5 Program

6 SEC. 3151. COVERAGE OF INDIVIDUALS EMPLOYED AT

7 ATOMIC WEAPONS EMPLOYER FACILITIES

8 DURING PERIODS OF RESIDUAL CONTAMINA9 TION.

10 (a) COVERAGE.—Paragraph (3) of section 3621 of the

11 Energy Employees Occupational Illness Compensation Pro12 gram Act of 2000 (title XXXVI of the Floyd D. Spence Na13 tional Defense Authorization Act for Fiscal Year 2001 (as

14 enacted into law by Public Law 106–398); 42 U.S.C. 7384l)

15 is amended to read as follows:

16 ‘‘(3) The term ‘atomic weapons employee’ means

17 any of the following:

18 ‘‘(A) An individual employed by an atomic

19 weapons employer during a period when the em20 ployer was processing or producing, for the use

21 by the United States, material that emitted radi22 ation and was used in the production of an

23 atomic weapon, excluding uranium mining and

24 milling.

25 ‘‘(B) An individual employed—
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1 ‘‘(i) at a facility with respect to which

2 the National Institute for Occupational

3 Safety and Health, in its report dated Octo4 ber 2003 and titled ‘Report on Residual Ra5 dioactive and Beryllium Contamination at

6 Atomic Weapons Employer Facilities and

7 Beryllium Vendor Facilities’, or any update

8 to that report, found that there is a poten9 tial for significant residual contamination

10 outside of the period in which weapons-re11 lated production occurred;

12 ‘‘(ii) by an atomic weapons employer

13 or subsequent owner or operators of a facil14 ity described in clause (i); and

15 ‘‘(ii) during a period, as specified in

16 such report or any update to such report, of

17 potential for significant residual radioactive

18 contamination at such facility.’’.

19 SEC. 3152. UPDATE OF REPORT ON RESIDUAL CONTAMINA20 TION OF FACILITIES.

21 (a) UPDATE OF REPORT.—Not later than December

22 31, 2006, the Director of the National Institute for Occupa23 tional Safety and Health shall submit to Congress an up24 date to the report required by section 3151(b) of the Na-
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1 tional Defense Authorization Act for Fiscal Year 2002 (Pub2 lic Law 107–107; 42 U.S.C. 7384 note).

3 (b) ELEMENTS.—The update shall—

4 (1) for each facility for which such report found

5 that insufficient information was available to deter6 mine whether significant residual contamination was

7 present, determine whether significant residual con8 tamination was present;

9 (2) for each facility for which such report found

10 that significant residual contamination remained

11 present as of the date of the report, determine the date

12 on which such contamination ceased to be present;

13 (3) for each facility for which such report found

14 that significant residual contamination was present

15 but for which the Director has been unable to deter16 mine the extent to which such contamination is at17 tributable to atomic weapons-related activities, iden18 tify the specific dates of coverage attributable to such

19 activities and, in so identifying, presume that such

20 contamination is attributable to such activities until

21 there is evidence of decontamination of residual con22 tamination identified with atomic weapons-related

23 activities; and

24 (4) if new information that pertains to the re25 port has been made available to the Director since
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1 that report was submitted, identify and describe such

2 information.

3 (c) PUBLICATION.—The Director shall ensure that the

4 report referred to in subsection (a) is published in the Fed5 eral Register not later than 15 days after being released.

6 SEC. 3153. WORKERS COMPENSATION.

7 (a) IN GENERAL.—Subtitle D of the Energy Employ8 ees Occupational Illness Compensation Program Act of

9 2000 (title XXXVI of the Floyd D. Spence National Defense

10 Authorization Act for Fiscal Year 2001 (as enacted into law

11 by Public Law 106–398); 42 U.S.C. 7385o) is amended to

12 read as follows:

13 ‘‘Subtitle D—Workers Compensation

14 ‘‘SEC. 3661. COVERED DEPARTMENT OF ENERGY CON15 TRACTOR EMPLOYEES.

16 ‘‘(a) IN GENERAL.—In this subtitle, the term ‘covered

17 Department of Energy contractor employee’ means any De18 partment of Energy contractor employee determined under

19 section 3663 to have contracted an occupational illness or

20 covered illness through exposure at a Department of Energy

21 facility.

22 ‘‘(b) EXCLUSION OF ILLNESS THROUGH EXPOSURE

23 AFTER COMMENCEMENT OF NEW PROGRAM.—For purposes

24 of this subtitle, an occupational illness or covered illness

25 shall not include any illness contracted by a Department
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1 of Energy contractor employee through exposure at a De2 partment of Energy facility if the exposure occurs after the

3 date of the enactment of the National Defense Authorization

4 Act for Fiscal Year 2005.

5 ‘‘SEC. 3662. WORKERS COMPENSATION.

6 ‘‘(a) IN GENERAL.—Except as provided in subsection

7 (b), a covered Department of Energy contractor employee,

8 or the survivor of a covered Department of Energy con9 tractor employee if the covered Department of Energy con10 tractor employee is deceased, shall receive workers com11 pensation in an amount determined under section 3664.

12 ‘‘(b) ELECTION TO PROCEED UNDER STATE WORK13 ERS’ COMPENSATION SYSTEM.—(1) A Department of En14 ergy contractor employee otherwise covered by this section

15 may elect to seek workers’ compensation under the appro16 priate State workers’ compensation system for the occupa17 tional illness or covered illness of the covered Department

18 of Energy contractor employee rather than seek workers

19 compensation for the occupational illness or covered illness,

20 as the case may be, under this subtitle.

21 ‘‘(2) Any Department of Energy contractor employee

22 making an election under paragraph (1) who becomes enti23 tled to workers’ compensation under the appropriate State

24 workers’ compensation system following an election under
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1 that paragraph is not entitled to receive workers compensa2 tion under this subtitle.

3 ‘‘(c) FUNDING.—The Secretary of Labor shall make

4 payments of workers compensation under this section from

5 amounts authorized to be appropriated for such purpose

6 under section 3670.

7 ‘‘SEC. 3663. DETERMINATIONS REGARDING CONTRACTION

8 OF OCCUPATIONAL OR COVERED ILLNESSES.

9 ‘‘(a) EMPLOYEES COVERED BY PREVIOUS DETERMINA10 TION OF ENTITLEMENT TO COMPENSATION AND BENE11 FITS.—(1) A Department of Energy contractor employee

12 who has been determined to be entitled to compensation and

13 benefits for an occupational illness contracted in the per14 formance of duty at a Department of Energy facility under

15 subtitle B shall be treated as having contracted the occupa16 tional illness through exposure at the Department of Energy

17 facility for purposes of this subtitle.

18 ‘‘(2) A determination, pursuant to activities under

19 paragraph (2) of section 3163(d) of the National Defense

20 Authorization Act for Fiscal Year 2005 before or during the

21 period of transition of administration of this subtitle to the

22 Department of Labor under paragraph (1) of such section,

23 that an individual contracted an occupational illness

24 through exposure at a Department of Energy facility for
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1 purposes of this subtitle shall be valid for purposes of this

2 subtitle.

3 ‘‘(b) OTHER EMPLOYEES.—In the case of a Depart4 ment of Energy contractor employee not previously covered

5 by a determination described in subsection (a) with respect

6 to an occupational illness, the Department of Energy con7 tractor employee shall be determined to have contracted an

8 illness (in this subtitle referred to as a ‘covered illness’)

9 through exposure at a Department of Energy facility for

10 purposes of this subtitle if—

11 ‘‘(1) it is at least as likely as not that exposure

12 to a toxic substance was a significant factor in aggra13 vating, contributing to, or causing the illness; and

14 ‘‘(2) it is at least as likely as not that the expo15 sure to such toxic substance was related to employ16 ment at a Department of Energy facility.

17 ‘‘(c) DETERMINATIONS REGARDING EMPLOYEES NOT

18 PREVIOUSLY COVERED BY DETERMINATION OF ENTITLE19 MENT.—(1) The Secretary of Labor shall make each deter20 mination under subsection (b) as to whether or not a De21 partment of Energy contractor employee described in that

22 subsection contracted a covered illness related to employ23 ment at a Department of Energy facility.

24 ‘‘(2) The Secretary may utilize the services of physi25 cians for purposes of making determinations under this sub-
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1 section. Any physicians so utilized shall possess appropriate

2 expertise and experience in the evaluation and diagnosis

3 of illnesses aggravated, contributed to, or caused by expo4 sure to toxic substances.

5 ‘‘(3) The Secretary may secure the services of physi6 cians under this subsection through the appointment of phy7 sicians or by contract.

8 ‘‘(4) The Secretary shall consult with the Secretary of

9 Health and Human Services before utilizing the services of

10 physicians for purposes of making determinations under

11 this subsection.

12 ‘‘SEC. 3664. AMOUNT OF WORKERS COMPENSATION.

13 ‘‘(a) IN GENERAL.—The amount of workers compensa14 tion payable to a covered Department of Energy contractor

15 employee, or the eligible survivors of a covered Department

16 of Energy contractor employee, for an occupational illness

17 or covered illness under section 3662 is the amount of work18 ers’ compensation to which the Department of Energy con19 tractor employee, or the eligible survivors, respectively,

20 would otherwise be entitled for the occupational illness or

21 covered illness, as the case may be, under the appropriate

22 State workers’ compensation system.

23 ‘‘(b) INAPPLICABILITY OF CERTAIN STATE WORKERS’

24 COMPENSATION SYSTEM LIMITATIONS.—The amount of

25 workers’ compensation to which a covered Department of
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1 Energy contractor employee would otherwise be entitled

2 under subsection (a) shall be determined without regard to

3 any requirements under the appropriate State workers’

4 compensation system for each of the following:

5 ‘‘(1) Statutes of limitation, or other rules lim6 iting compensation to claims filed within a specified

7 period after last exposure to a toxic substance or after

8 last employment by an employer where the employee

9 was exposed to a toxic substance.

10 ‘‘(2) Exposure rules, including minimum periods

11 of exposure to toxic substances.

12 ‘‘(3) Causation rules more stringent that the

13 standard in section 3663(b).

14 ‘‘(4) Burdens of proof, quantum of proof stand15 ards, or both more stringent than the standard in sec16 tion 3663(b).

17 ‘‘(5) Return to work requirements, including ob18 ligations to participate in vocational rehabilitation

19 and medical examinations connected with the ability

20 to return to work.

21 ‘‘(6) Medical examinations in addition to med22 ical examinations required by the Secretary of Labor

23 for the application of section 3663 in determining

24 causation or required by the Secretary of Labor for
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1 the application of subsection (c) in determining the

2 amount of workers’ compensation payable.

3 ‘‘(c) DETERMINATION OF AMOUNT.—(1) The Secretary

4 of Labor shall determine the amount of workers compensa5 tion payable to each covered Department of Energy con6 tractor employee under section 3662.

7 ‘‘(2)(A) The Secretary may utilize the assistance of the

8 workers’ compensation system personnel of any State in

9 making determinations under paragraph (1).

10 ‘‘(B) The utilization of assistance under subparagraph

11 (A) shall be in accordance with an agreement entered into

12 by the Secretary and the chief executive officer of the State

13 concerned.

14 ‘‘(C) An agreement under subparagraph (B) may pro15 vide for the Secretary to reimburse the State concerned for

16 the costs of the State in providing assistance under the

17 agreement.

18 ‘‘(3)(A) The Secretary may utilize the services of phy19 sicians for purposes of making determinations under this

20 subsection.

21 ‘‘(B) Any physicians utilized under subparagraph (A)

22 shall possess appropriate expertise and experience in the

23 evaluation and determination of the extent of permanent

24 physical impairments.
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1 ‘‘(C) The Secretary may secure the services of physi2 cians under subparagraph (A) through the appointment of

3 physicians or by contract.

4 ‘‘SEC. 3665. MEDICAL BENEFITS.

5 ‘‘(a) IN GENERAL.—A Department of Energy con6 tractor employee eligible for workers compensation for an

7 occupational illness or covered illness under this subtitle

8 shall be furnished medical benefits specified in section 3629

9 for the occupational illness or covered illness, as the case

10 may be, to the same extent, and under the same conditions

11 and limitations, as an individual eligible for medical bene12 fits under that section is furnished medical benefits under

13 that section.

14 ‘‘(b) FUNDING.—Amounts for payments for medical

15 benefits under this section shall be derived from amounts

16 authorized to be appropriated for such purpose under sec17 tion 3670.

18 ‘‘SEC. 3666. REVIEW OF CERTAIN DETERMINATIONS.

19 ‘‘(a) STATUS AS DEPARTMENT OF ENERGY CON20 TRACTOR EMPLOYEE.—An individual may seek the review

21 of a determination that the individual is not a Department

22 of Energy contractor employee.

23 ‘‘(b) ELIGIBILITY AND AMOUNT OF WORKERS COM24 PENSATION.—A Department of Energy contractor employee

25 may seek the review of any determination as follows:
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1 ‘‘(1) A determination under section 3663(b) that

2 the Department of Energy contractor employee is not

3 a covered Department of Energy contractor employee.

4 ‘‘(2) A determination under 3664 of the amount

5 of workers compensation payable to the Department

6 of Energy contractor employee under section 3662.

7 ‘‘(c) REVIEW.—(1) The review of a determination

8 under subsection (a) or (b) shall be conducted by the Sec9 retary of Labor in accordance with procedures applicable

10 for the review of claims under sections 30.310 through

11 30.320 of title 20, Code of Federal Regulations, or any suc12 cessor regulations.

13 ‘‘(2)(A) The review of a determination under sub14 section (b)(1) shall include review by a physician or physi15 cian panel.

16 ‘‘(B) Each physician or physician on a panel under

17 subparagraph (A) shall be a physician with experience and

18 competency in diagnosing illnesses aggravated, contributed

19 to, or caused by exposure to toxic substances.

20 ‘‘(C) The Secretary of Labor may investigate any alle21 gation that a physician appointed under this paragraph

22 has a conflict of interest. If the Secretary of Labor deter23 mines that a conflict of interest exists, the Secretary shall

24 notify the Secretary of Health and Human Services, who

25 shall review the allegation.
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1 ‘‘(D) Each review by a physician or physician panel

2 under subparagraph (A) shall be conducted in accordance

3 with such procedures as the Secretary shall prescribe.

4 ‘‘(3)(A) The results of each review under this sub5 section shall be submitted to the Secretary.

6 ‘‘(B) The Secretary shall accept the results of any por7 tion of a review under this subsection that consists of a re8 view by a physician or physician panel under paragraph

9 (2) unless there is substantial evidence to the contrary.

10 ‘‘(d) REVERSAL OF DETERMINATIONS.—Except as pro11 vided in subsection (c)(3)(B), the Secretary of Labor may

12 vacate or reverse any determination described in subsection

13 in subsection (a) or (b) if the Secretary determines, as the

14 result of a review of such determination under subsection

15 (c), that such determination was erroneous.

16 ‘‘SEC. 3667. ATTORNEY FEES.

17 ‘‘(a) IN GENERAL.—Except as provided in subsection

18 (b), the provisions of section 3648 shall apply to the avail19 ability of attorney fees for assistance on a claim under this

20 subtitle to the same extent, and subject to the same condi21 tions and limitations, that such provisions apply to the

22 availability of attorney fees for assistance on a claim under

23 subtitle B.

24 ‘‘(b) ATTORNEY FEE SCHEDULE.—(1) The Secretary

25 of Labor may, by regulation, modify the application of sec-
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1 tion 3648 to the availability of attorney fees under this sub2 title to establish a schedule for attorney fees under this sub3 title that will ensure representation of claimants and ap4 propriate compensation for such representation.

5 ‘‘(2) The amount of attorney fees for assistance on

6 claims under the schedule of attorney fees shall take into

7 appropriate account the nature and complexity of the legal

8 issues involved in such claims and the procedural level at

9 which assistance is given.

10 ‘‘SEC. 3668. ADMINISTRATIVE MATTERS.

11 ‘‘(a) IN GENERAL.—The Secretary of Labor shall ad12 minister the provisions of this subtitle.

13 ‘‘(b) CONTRACT AUTHORITY.—(1) The Secretary may

14 enter into contracts with appropriate persons and entities

15 in order to administer the provisions of this subtitle.

16 ‘‘(2) The authority of the Secretary to enter into con17 tracts under this subtitle shall be effective in any fiscal year

18 only to the extent and in such amount as are provided in

19 advance in appropriations Acts.

20 ‘‘(c) RECORDS.—(1)(A) The Secretary of Energy shall

21 provide to the Secretary of Labor all records, files, and other

22 data, whether paper, electronic, imaged, or otherwise, devel23 oped by the Secretary of Energy that are applicable to the

24 administration of the provisions of this subtitle by the Sec25 retary of Labor, including records, files, and data on facil-
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1 ity industrial hygiene, employment of individuals or

2 groups, exposure and medical records, and claims applica3 tions.

4 ‘‘(B) In providing records, files, and other data under

5 this paragraph, the Secretary of Energy shall preserve the

6 current organization of such records, files, and other data,

7 and shall provide such description and indexing of such

8 records, files, and other data as the Secretary of Energy

9 and the Secretary of Labor jointly consider appropriate to

10 facilitate their use by the Secretary of Labor for purposes

11 of this subtitle.

12 ‘‘(2) The Secretary of Energy and the Secretary of

13 Labor shall jointly undertake such actions as are appro14 priate to retrieve records applicable to the claims of Depart15 ment of Energy contractor employees for workers compensa16 tion under this subtitle, including employment records,

17 records of exposure to beryllium, radiation, silicon, or met18 als or volatile organic chemicals, and records regarding

19 medical treatment.

20 ‘‘(d) REGULATIONS.—The Secretary of Labor shall

21 prescribe regulations necessary for the administration of the

22 provisions of this subtitle.
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1 ‘‘SEC. 3669. OFFICE OF OMBUDSMAN.

2 ‘‘(a) ESTABLISHMENT.—There is established in the De3 partment of Labor an office to be known as the ‘Office of

4 the Ombudsman’ (in this section referred to as the ‘Office’).

5 ‘‘(b) HEAD.—The head of the Office shall be the Om6 budsman. The individual serving as Ombudsman shall be

7 either of the following:

8 ‘‘(1) An officer or employee of the Department of

9 Labor designated by the Secretary for purposes of this

10 section from among officers and employees of the De11 partment who have experience and expertise necessary

12 to carry out the duties of the Office specified in sub13 section (c).

14 ‘‘(2) An individual employed by the Secretary

15 from the private sector from among individuals in the

16 private sector who have experience and expertise nec17 essary to carry out the duties of the Office specified

18 in subsection (c).

19 ‘‘(c) DUTIES.—The duties of the Office shall be as fol20 lows:

21 ‘‘(1) To assist individuals in making claims

22 under this subtitle.

23 ‘‘(2) To provide information on the benefits

24 available under this subtitle and on the requirements

25 and procedures applicable to the provision of such

26 benefits.
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1 ‘‘(3) To act as an advocate on behalf of individ2 uals seeking benefits under this subtitle.

3 ‘‘(4) To make recommendations to the Secretary

4 regarding the location of centers (to be known as ‘re5 source centers’) for the acceptance and development of

6 claims for benefits under this subtitle.

7 ‘‘(5) To carry out such other duties with respect

8 to this subtitle as the Secretary shall specify for pur9 poses of this section.

10 ‘‘(d) INDEPENDENT OFFICE.—The Secretary shall take

11 appropriate actions to ensure the independence of the Office

12 within the Department of Labor, including independence

13 from other officers and employees of the Department en14 gaged in activities relating to the administration of the pro15 visions of this subtitle.

16 ‘‘(e) ANNUAL REPORT.—(1) Not later than February

17 15 each year, the Ombudsman shall submit to Congress a

18 report on activities under this subtitle.

19 ‘‘(2) Each report under paragraph (1) shall set forth

20 the following:

21 ‘‘(A) The number and types of complaints, griev22 ances, and requests for assistance received by the Om23 budsman under this subtitle during the preceding

24 year.
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1 ‘‘(B) An assessment of the most common difficul2 ties encountered by claimants and potential claimants

3 under this subtitle during the preceding year.

4 ‘‘(C) Such recommendations as the Ombudsman

5 considers appropriate for the improvement of the

6 practices of the Department of Labor in admin7 istering this subtitle.

8 ‘‘(D) Such recommendations at the Ombudsman

9 considers appropriate for modifying the authorities

10 and requirements of this subtitle in order to better ad11 dress the workers compensation interests of covered

12 Department of Energy contractor employees and oth13 ers, as determined by the Ombudsman, meriting bene14 fits under this subtitle.

15 ‘‘(3) No official of the Department of Labor, or of any

16 other department or agency of the Federal Government,

17 may require the review or approval of a report of the Om18 budsman under this subsection before the submittal of such

19 report to Congress.

20 ‘‘(f) OUTREACH.—The Secretary of Labor and the Sec21 retary of Health and Human Services shall each undertake

22 outreach to advise the public of the existence and duties of

23 the Office.
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1 ‘‘SEC. 3670. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is

3 authorized to be appropriated to the Secretary of Labor for

4 fiscal year 2005 and each fiscal year thereafter such sums

5 as may be necessary in such fiscal year for—

6 ‘‘(1) the provision of compensation and benefits

7 under this subtitle; and

8 ‘‘(2) the administration of the provisions of this

9 subtitle.

10 ‘‘(b) AVAILABILITY WITHOUT FISCAL YEAR LIMITA11 TION.—Amounts authorized to be appropriated by sub12 section (a) shall remain available without fiscal year limi13 tation.

14 ‘‘(c) AVAILABILITY OF AMOUNTS SUBJECT TO APPRO15 PRIATIONS ACTS.—The authority to provide compensation

16 and benefits under this subtitle shall be effective in any fis17 cal year only to the extent and in such amounts as are pro18 vided in advance in appropriations Acts.’’.

19 (b) CONFORMING AMENDMENT.—Section 3643 of the

20 Energy Employees Occupational Illness Compensation Pro21 gram Act of 2000 (42 U.S.C. 7385b) is amended by striking

22 ‘‘The acceptance’’ and inserting ‘‘Except as provided in

23 subtitle D, the acceptance’’.

24 (c) REGULATIONS.—The Secretary of Labor shall pre25 scribe the regulations required by section 3668(d) of the En26 ergy Employees Occupational Illness Compensation Pro-
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1 gram Act of 2000, as amended by this section, not later

2 than 120 days after the date of the enactment of this Act.

3 The Secretary may prescribe interim final regulations nec4 essary to meet the deadlines specified in the preceding sen5 tence and subsection (d)(1).

6 (d) TRANSITION.—(1) The Secretary of Labor shall

7 commence the administration of the provisions of subtitle

8 D of the Energy Employees Occupational Illness Compensa9 tion Program Act of 2000, as amended by this section, not

10 later than 180 days after the date of the enactment of this

11 Act.

12 (2) The Secretary of Energy and the Secretary of

13 Labor shall jointly take such actions as are appropriate—

14 (A) to identify the activities under subtitle D of

15 the Energy Employees Occupational Illness Com16 pensation Program Act of 2000, as in effect on the

17 day before the date of the enactment of this Act, that

18 will continue under that subtitle, as amended by this

19 section, upon the commencement of the administra20 tion of that subtitle, as so amended, by the Secretary

21 of Labor under paragraph (1); and

22 (B) to ensure the continued discharge of such ac23 tivities until the commencement of the administration

24 of that subtitle, as so amended, by the Secretary of

25 Labor under paragraph (1).
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1 (3)(A) In carrying out activities under paragraph (2),

2 the Secretary of Energy shall only conduct a causation re3 view on a claim if the claim is completely prepared and

4 awaiting review as of the date of the enactment of this Act.

5 (B) Activities under paragraph (2) on any claim cov6 ered by such activities that is not described by subpara7 graph (A) shall be carried out by the Secretary of Labor.

8 (e) PROVISION OF RECORDS.—The Secretary of En9 ergy shall, to the maximum extent practicable, complete the

10 provision of records to the Secretary of Labor under section

11 3668(c)(1) of the Energy Employees Occupational Illness

12 Compensation Program Act of 2000, as amended by this

13 section, not later than 60 days after the date of the enact14 ment of this Act.

15 (f) SITE PROFILES.—(1)(A) The Secretary of Labor

16 shall prepare a site profile for each of the 14 Department

17 of Energy facilities that have received the most number of

18 claims for compensation and benefits under subtitle D of

19 the Energy Employees Occupational Illness Compensation

20 Program Act of 2000 as of the date of the enactment of this

21 Act.

22 (B) The Secretary of Labor shall prepare a site profile

23 under subparagraph (A) utilizing the former worker med24 ical screening programs of the Department of Energy.
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1 (2) If the Secretary of Labor determines that the prep2 aration of a site profile for a facility cannot be performed

3 under paragraph (1) because no worker medical screening

4 activities occurred for the facility, or that preparation of

5 the profile is otherwise impracticable, the site profile for

6 the facility shall be prepared by the National Institute of

7 Occupational Safety and Health.

8 (3) All site profiles required by this subsection shall

9 be completed not later than 210 days after the date of the

10 enactment of this Act.

11 (4) The Secretary of Energy shall provide the Sec12 retary of Labor with any support that the Secretary of

13 Labor considers necessary for carrying out this subsection.

14 (5) In this subsection, the term ‘‘site profile’’, in the

15 case of a Department of Energy facility, means an exposure

16 assessment that—

17 (A) identifies any processes and toxic substances

18 used in the facility;

19 (B) establishes the times in which such toxic sub20 stances were used in the facility; and

21 (C) establishes the degree of exposure to such

22 toxic substances taking into account available records

23 and studies and information on such processes and

24 toxic substances.
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1 (g) SENSE OF CONGRESS.—It is the sense of Congress

2 that the Secretary of Energy should—

3 (1) adopt a policy not to oppose any final posi4 tive determinations with respect to injured workers at

5 Department of Energy facilities and atomic weapons

6 employer facilities under State adjudication systems

7 unless such determinations are frivolous; and

8 (2) incorporate the policy referred to in para9 graph (1) in all Department of Energy contracts with

10 non-Federal government entities to which such policy

11 could apply.

12 (h) FUNDING FOR ADMINISTRATION IN FISCAL YEAR

13 2005.—(1) Of the amount authorized to be appropriated

14 for fiscal year 2005 by section 3102(a)(1) for environmental

15 management for defense site acceleration completion,

16 $2,000,000 shall be available for purposes of the adminis17 tration of the provisions of subtitle D of the Energy Em18 ployees Occupational Illness Compensation Program Act of

19 2000, as amended by this section, during fiscal year 2005.

20 (2) The Secretary of Energy shall transfer to the Sec21 retary of Labor the amount available under paragraph (1)

22 for the purposes specified in that paragraph.

23 (3) The Secretary of Labor shall utilize amounts trans24 ferred to the Secretary under paragraph (2) for the purposes

25 specified in paragraph (1).
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1 SEC. 3154. TERMINATION OF EFFECT OF OTHER ENHANCE2 MENTS OF ENERGY EMPLOYEES OCCUPA3 TIONAL ILLNESS COMPENSATION PROGRAM.

4 Notwithstanding any other provision of this Act, sec5 tion 3143, relating to enhancements of the Energy Employ6 ees Occupational Illness Compensation Program, shall have

7 no force or effect, and the amendments specified in such

8 section shall not be made.

9 SEC. 3155. SENSE OF SENATE ON RESOURCE CENTER FOR

10 ENERGY EMPLOYEES UNDER ENERGY EM11 PLOYEE OCCUPATIONAL ILLNESS COMPENSA12 TION PROGRAM IN WESTERN NEW YORK AND

13 WESTERN PENNSYLVANIA REGION.

14 (a) FINDINGS.—The Senate makes the following find15 ings:

16 (1) New York has 36 current or former Depart17 ment of Energy facilities involved in nuclear weapons

18 production-related activities statewide, mostly atomic

19 weapons employer facilities, and 14 such facilities in

20 western New York. Despite having one of the greatest

21 concentrations of such facilities in the United States,

22 western New York, and abutting areas of Pennsyl23 vania, continue to be severely underserved by the En24 ergy Employees Occupational Illness Compensation

25 Program under the Energy Employees Occupational

26 Illness Compensation Program Act of 2000 (title
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1 XXXVI of the Floyd D. Spence National Defense Au2 thorization Act for Fiscal Year 2001 (as enacted into

3 law by Public Law 106–398); 42 U.S.C. 7384 et seq.).

4 (2) The establishment of a permanent resource

5 center in western New York would represent a sub6 stantial step toward improving services under the En7 ergy Employees Occupational Illness Compensation

8 Program for energy employees in this region.

9 (3) The number of claims submitted to the De10 partment under subtitle B of the Energy Employees

11 Occupational Illness Compensation Program Act of

12 2000 from the western New York region, including

13 western Pennsylvania, exceeds the number of such

14 claims filed at resource centers in Hanford, Wash15 ington, Portsmouth, Ohio, Los Alamos, New Mexico,

16 the Nevada Test Site, Nevada, the Rocky Flats Envi17 ronmental Technology Site, Colorado, the Idaho Na18 tional Engineering Laboratory, Idaho, and the Am19 chitka Test Site, Alaska.

20 (4) Energy employees in the western New York

21 region, including western Pennsylvania, deserve as22 sistance under subtitle B of the Energy Employees

23 Occupational Illness Compensation Program Act of

24 2000 commensurate with the assistance provided en-
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1 ergy employees at other locations in the United

2 States.

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

4 to encourage the Office of Ombudsman of the Department

5 of Labor, as established by section 3669 of the Energy Em6 ployees Occupational Illness Compensation Program Act of

7 2000 (as amended by section 3163 of this Act), to—

8 (1) review the availability of assistance under

9 subtitle B of the Energy Employees Occupational Ill10 ness Compensation Program Act of 2000 for energy

11 employees in the western New York region, including

12 western Pennsylvania; and

13 (2) recommend a location in that region for a re14 source center to provide such assistance to such energy

15 employees.

16 SEC. 3156. REVIEW BY CONGRESS OF INDIVIDUALS DES17 IGNATED BY PRESIDENT AS MEMBERS OF CO18 HORT.

19 Section 3621(14)(C)(ii) of that Act (42 U.S.C. 10

20 7384l(14)(C)(ii)) is amended by striking ‘‘180 days’’ and

21 inserting ‘‘60 days.’’
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1 SEC. 3157. INCLUSION OF CERTAIN FORMER NUCLEAR

2 WEAPONS PROGRAM WORKERS IN SPECIAL

3 EXPOSURE COHORT UNDER THE ENERGY EM4 PLOYEES OCCUPATIONAL ILLNESS COM5 PENSATION PROGRAM.

6 (a) FINDINGS.—Congress makes the following findings:

7 (1) Energy workers at the former Mallinkrodt fa8 cilities (including the St. Louis downtown facility

9 and the Weldon Springs facility) were exposed to lev10 els of radionuclides and radioactive materials that

11 were much greater than the current maximum allow12 able Federal standards.

13 (2) The Mallinkrodt workers at the St. Louis site

14 were exposed to excessive levels of airborne uranium

15 dust relative to the standards in effect during the

16 time, and many workers were exposed to 200 times

17 the preferred levels of exposure.

18 (3)(A) The chief safety officer for the Atomic En19 ergy Commission during the Mallinkrodt-St. Louis

20 operations described the facility as 1 of the 2 worst

21 plants with respect to worker exposures.

22 (B) Workers were excreting in excess of a milli23 gram of uranium per day causing kidney damage.

24 (C) A recent epidemiological study found excess

25 levels of nephritis and kidney cancer from inhalation

26 of uranium dusts.
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1 (4) The Department of Energy has admitted that

2 those Mallinkrodt workers were subjected to risks and

3 had their health endangered as a result of working

4 with these highly radioactive materials.

5 (5) The Department of Energy reported that

6 workers at the Weldon Springs feed materials plant

7 handled plutonium and recycled uranium, which are

8 highly radioactive.

9 (6) The National Institute of Occupational Safe10 ty and Health admits that—

11 (A) the operations at the St. Louis down12 town site consisted of intense periods of proc13 essing extremely high levels of radionuclides; and

14 (B) the Institute has virtually no personal

15 monitoring data for Mallinkrodt workers prior to

16 1948.

17 (7) The National Institute of Occupational Safe18 ty and Health has informed claimants and their sur19 vivors at those 3 Mallinkrodt sites that if they are not

20 interviewed as a part of the dose reconstruction proc21 ess, it—

22 (A) would hinder the ability of the Institute

23 to conduct dose reconstruction for the claimant;

24 and
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1 (B) may result in a dose reconstruction that

2 incompletely or inaccurately estimates the radi3 ation dose to which the energy employee named

4 in the claim had been exposed.

5 (8) Energy workers at the Iowa Army Ammuni6 tion Plant (also known as the Burlington Atomic En7 ergy Commission Plant and the Iowa Ordnance

8 Plant) between 1947 and 1975 were exposed to levels

9 of radionuclides and radioactive material, including

10 enriched uranium, plutonium, tritium, and depleted

11 uranium, in addition to beryllium and photon radi12 ation, that are greater than the current maximum

13 Federal standards for exposure.

14 (9) According to the National Institute of Occu15 pational Safety and Health—

16 (A) between 1947 and 1975, no records, in17 cluding bioassays or air samples, have been lo18 cated that indicate any monitoring occurred of

19 internal doses of radiation to which workers de20 scribed in paragraph (8) were exposed;

21 (B) between 1947 and 1955, no records, in22 cluding dosimetry badges, have been located to

23 indicate that any monitoring occurred of the ex24 ternal doses of radiation to which such workers

25 were exposed;
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1 (C) between 1955 and 1962, records indi2 cate that only 8 to 23 workers in a workforce of

3 over 1,000 were monitored for external radiation

4 doses; and

5 (D) between 1970 and 1975, the high point

6 of screening at the Iowa Army Ammunition

7 Plant, only 25 percent of the workforce was

8 screened for exposure to external radiation.

9 (10) The Department of Health and Human

10 Services published the first notice of proposed rule11 making concerning the Special Exposure Cohort on

12 June 25, 2002, and the final rule published on May

13 26, 2004.

14 (11) Many of those former workers have died

15 while waiting for the proposed rule to be finalized, in16 cluding some claimants who were waiting for dose re17 construction to be completed.

18 (12) Because of the aforementioned reasons, in19 cluding the serious lack of records and the death of

20 many potential claimants, it is not feasible to conduct

21 valid dose reconstructions for the Iowa Army Ammu22 nition Plant facility or the Mallinkrodt facilities.

23 (b) INCLUSION OF CERTAIN FORMER WORKERS IN CO24 HORT.—Section 3621(14) of the Energy Employees Occupa25 tional Illness Compensation Program Act of 2000 (title
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1 XXXVI of the Floyd D. Spence National Defense Authoriza2 tion Act for Fiscal Year 2001 (as enacted into law by Public

3 Law 106–398); 42 U.S.C. 7384l(14)) is amended—

4 (1) by redesignating subparagraph (C) as sub5 paragraph (D); and

6 (2) by inserting after subparagraph (B) the fol7 lowing new subparagraph (C):

8 ‘‘(C) Subject to the provisions of section

9 3612A and section 3146(e) of the National De10 fense Authorization Act for Fiscal Year 2005, the

11 employee was so employed for a number of work

12 days aggregating at least 45 workdays at a facil13 ity operated under contract to the Department of

14 Energy by Mallinkrodt Incorporated or its suc15 cessors (including the St. Louis downtown or

16 ‘Destrehan’ facility during any of calendar years

17 1942 through 1958 and the Weldon Springs feed

18 materials plant facility during any of calendar

19 years 1958 through 1966), or at a facility oper20 ated by the Department of Energy or under con21 tract by Mason & Hangar-Silas Mason Com22 pany at the Iowa Army Ammunition Plant (also

23 known as the Burlington Atomic Energy Com24 mission Plant and the Iowa Ordnance Plant)
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1 during any of the calendar years 1947 through

2 1975, and during the employment—

3 ‘‘(i)(I) was monitored through the use

4 of dosimetry badges for exposure at the

5 plant of the external parts of an employee’s

6 body to radiation; or

7 ‘‘(II) was monitored through the use of

8 bioassays, in vivo monitoring, or breath

9 samples for exposure at the plant to inter10 nal radiation; or

11 ‘‘(ii) worked in a job that had expo12 sures comparable to a job that is monitored,

13 or should have been monitored, under stand14 ards of the Department of Energy in effect

15 on the date of enactment of this subpara16 graph through the use of dosimetry badges

17 for monitoring external radiation exposures,

18 or bioassays, in vivo monitoring, or breath

19 samples for internal radiation exposures, at

20 a facility.’’.

21 (c) FUNDING OF COMPENSATION AND BENEFITS.—(1)

22 Such Act is further amended by inserting after section 3612

23 the following new section:
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1 ‘‘SEC. 3612A. FUNDING FOR COMPENSATION AND BENEFITS

2 FOR CERTAIN MEMBERS OF THE SPECIAL EX3 POSURE COHORT.

4 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is

5 hereby authorized to be appropriated to the Department of

6 Labor for each fiscal year after fiscal year 2004 such sums

7 as may be necessary for the provision of compensation and

8 benefits under the compensation program for members of

9 the Special Exposure Cohort described in section

10 3621(14)(C) in such fiscal year.

11 ‘‘(b) PROHIBITION ON USE FOR ADMINISTRATIVE

12 COSTS.—(1) No amount authorized to be appropriated by

13 subsection (a) may be utilized for purposes of carrying out

14 the compensation program for the members of the Special

15 Exposure Cohort referred to in that subsection or admin16 istering the amount authorized to be appropriated by sub17 section (a).

18 ‘‘(2) Amounts for purposes described in paragraph (1)

19 shall be derived from amounts authorized to be appro20 priated by section 3614(a).

21 ‘‘(c) PROVISION OF COMPENSATION AND BENEFITS

22 SUBJECT TO APPROPRIATIONS ACTS.—The provision of

23 compensation and benefits under the compensation program

24 for members of the Special Exposure Cohort referred to in

25 subsection (a) in any fiscal year shall be subject to the

26 availability of appropriations for that purpose for such fis-
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1 cal year and to applicable provisions of appropriations

2 Acts.’’.

3 (2) Section 3612(d) of such Act (42 U.S.C. 7384e(d))

4 is amended—

5 (A) by inserting ‘‘(1)’’ before ‘‘Subject’’; and

6 (B) by adding at the end the following new

7 paragraph:

8 ‘‘(2) Amounts for the provision of compensation and

9 benefits under the compensation program for members of

10 the Special Exposure Cohort described in section

11 3621(14)(C) may be derived from amounts authorized to

12 be appropriated by section 3612A(a).’’.

13 (d) OFFSET.—The total amount authorized to be ap14 propriated under subtitle A of this title is hereby reduced

15 by $61,000,000.

16 (e) CERTIFICATION.—Funds shall be available to pay

17 claims approved by the National Institute of Occupational

18 Safety and Health for a facility by reason of section

19 3621(14)(C) of the Energy Employees Occupational Illness

20 Compensation Program Act of 2000, as amended by sub21 section (b)(2), if the Director of the National Institute of

22 Occupational Safety and Health certifies with respect to

23 such facility each of the following:

24 (1) That no atomic weapons work or related

25 work has been conducted at such facility after 1976.
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1 (2) That fewer than 50 percent of the total num2 ber of workers engaged in atomic weapons work or re3 lated work at such facility were accurately monitored

4 for exposure to internal and external ionizing radi5 ation during the term of their employment.

6 (3) That individual internal and external expo7 sure records for employees at such facility are not

8 available, or the exposure to radiation of at least 40

9 percent of the exposed workers at such facility cannot

10 be determined from the individual internal and exter11 nal exposure records that are available.

12 (f) SENSE OF THE SENATE.—It is the sense of the Sen13 ate that all employees who are eligible to apply for benefits

14 under the compensation program established by the Energy

15 Employees Occupational Illness Compensation Act should

16 be treated fairly and equitably with regard to inclusion

17 under the special exposure cohort provisions of this Act.

18 TITLE XXXII—DEFENSE NU19 CLEAR FACILITIES SAFETY

20 BOARD

21 SEC. 3201. AUTHORIZATION.

22 There are authorized to be appropriated for fiscal year

23 2005, $21,268,000 for the operation of the Defense Nuclear

24 Facilities Safety Board under chapter 21 of the Atomic En25 ergy Act of 1954 (42 U.S.C. 2286 et seq.).
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1 TITLE XXXIII—NATIONAL

2 DEFENSE STOCKPILE

3 SEC. 3301. DISPOSAL OF FERROMANGANESE.

4 (a) DISPOSAL AUTHORIZED.—The Secretary of De5 fense may dispose of up to 50,000 tons of ferromanganese

6 from the National Defense Stockpile during fiscal year

7 2005.

8 (b) CONTINGENT AUTHORITY FOR ADDITIONAL DIS9 POSAL.—After the disposal of ferromanganese authorized by

10 subsection (a)—

11 (1) the Secretary may dispose of up to an addi12 tional 25,000 tons of ferromanganese from the Na13 tional Defense Stockpile before September 30, 2005;

14 and

15 (2) if the Secretary completes the disposal au16 thorized by paragraph (1) before September 30, 2005,

17 the Secretary may dispose of up to an additional

18 25,000 tons of ferromanganese from the National De19 fense Stockpile before that date.

20 (c) CERTIFICATION.—The Secretary may dispose of

21 ferromanganese under paragraph (1) or (2) of subsection

22 (b) only if the Secretary, with the concurrence of the Sec23 retary of Commerce, certifies to the congressional defense

24 committees not later than 30 days before the commencement

25 of disposal under the applicable paragraph that—
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1 (1) the disposal of ferromanganese under such

2 paragraph is in the national interest due to extraor3 dinary circumstances in markets for ferromanganese;

4 (2) the disposal of ferromanganese under such

5 paragraph will not cause undue harm to domestic

6 manufacturers of ferroalloys; and

7 (3) the disposal of ferromanganese under such

8 paragraph is consistent with the requirements and

9 purpose of the National Defense Stockpile under the

10 Strategic and Critical Materials Stock Piling Act (50

11 U.S.C. 98 et seq.).

12 (d) DELEGATION OF RESPONSIBILITY.—The Secretary

13 of Defense and the Secretary of Commerce may each dele14 gate the responsibility of such Secretary under subsection

15 (c) to an appropriate official within the Department of De16 fense or the Department of Commerce, as the case may be.

17 (e) NATIONAL DEFENSE STOCKPILE DEFINED.—In

18 this section, the term ‘‘National Defense Stockpile’’ means

19 the stockpile provided for in section 4 of the Strategic and

20 Critical Materials Stock Piling Act (50 U.S.C. 98c).
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1 SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES

2 FOR CERTAIN PREVIOUSLY AUTHORIZED DIS3 POSALS FROM THE NATIONAL DEFENSE

4 STOCKPILE.

5 Section 3303(a) of the Strom Thurmond National De6 fense Authorization Act for Fiscal Year 1999 (50 U.S.C.

7 98d note) is amended—

8 (1) in paragraph (4), by striking ‘‘and’’ at the

9 end;

10 (2) in paragraph (5), by striking the period at

11 the end and inserting ‘‘; and’’; and

12 (3) by adding at the end the following new para13 graph:

14 ‘‘(6) $870,000,000 by the end of fiscal year

15 2014.’’.

16 SEC. 3303. PROHIBITION ON STORAGE OF MERCURY AT

17 CERTAIN FACILITIES.

18 (a) PROHIBITION.—The Secretary of Defense may not

19 store mercury from the National Defense Stockpile at any

20 facility that is not owned or leased by the United States.

21 (b) NATIONAL DEFENSE STOCKPILE DEFINED.—In

22 this section, the term ‘‘National Defense Stockpile’’ means

23 the stockpile provided for in section 4 of the Strategic and

24 Critical Materials Stock Piling Act (50 U.S.C. 98c).
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1 TITLE XXXIV—LOCAL LAW EN2 FORCEMENT ENHANCEMENT

3 ACT.

4 SEC. 3401. SHORT TITLE.

5 This title may be cited as the ‘‘Local Law Enforcement

6 Enhancement Act of 2004’’.

7 SEC. 3402. FINDINGS.

8 Congress makes the following findings:

9 (1) The incidence of violence motivated by the

10 actual or perceived race, color, religion, national ori11 gin, gender, sexual orientation, or disability of the

12 victim poses a serious national problem.

13 (2) Such violence disrupts the tranquility and

14 safety of communities and is deeply divisive.

15 (3) State and local authorities are now and will

16 continue to be responsible for prosecuting the over17 whelming majority of violent crimes in the United

18 States, including violent crimes motivated by bias.

19 These authorities can carry out their responsibilities

20 more effectively with greater Federal assistance.

21 (4) Existing Federal law is inadequate to ad22 dress this problem.

23 (5) The prominent characteristic of a violent

24 crime motivated by bias is that it devastates not just

25 the actual victim and the family and friends of the
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1 victim, but frequently savages the community sharing

2 the traits that caused the victim to be selected.

3 (6) Such violence substantially affects interstate

4 commerce in many ways, including—

5 (A) by impeding the movement of members

6 of targeted groups and forcing such members to

7 move across State lines to escape the incidence or

8 risk of such violence; and

9 (B) by preventing members of targeted

10 groups from purchasing goods and services, ob11 taining or sustaining employment, or partici12 pating in other commercial activity.

13 (7) Perpetrators cross State lines to commit such

14 violence.

15 (8) Channels, facilities, and instrumentalities of

16 interstate commerce are used to facilitate the commis17 sion of such violence.

18 (9) Such violence is committed using articles

19 that have traveled in interstate commerce.

20 (10) For generations, the institutions of slavery

21 and involuntary servitude were defined by the race,

22 color, and ancestry of those held in bondage. Slavery

23 and involuntary servitude were enforced, both prior to

24 and after the adoption of the 13th amendment to the

25 Constitution of the United States, through widespread
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1 public and private violence directed at persons be2 cause of their race, color, or ancestry, or perceived

3 race, color, or ancestry. Accordingly, eliminating ra4 cially motivated violence is an important means of

5 eliminating, to the extent possible, the badges, inci6 dents, and relics of slavery and involuntary servitude.

7 (11) Both at the time when the 13th, 14th, and

8 15th amendments to the Constitution of the United

9 States were adopted, and continuing to date, members

10 of certain religious and national origin groups were

11 and are perceived to be distinct ‘‘races’’. Thus, in

12 order to eliminate, to the extent possible, the badges,

13 incidents, and relics of slavery, it is necessary to pro14 hibit assaults on the basis of real or perceived reli15 gions or national origins, at least to the extent such

16 religions or national origins were regarded as races

17 at the time of the adoption of the 13th, 14th, and 15th

18 amendments to the Constitution of the United States.

19 (12) Federal jurisdiction over certain violent

20 crimes motivated by bias enables Federal, State, and

21 local authorities to work together as partners in the

22 investigation and prosecution of such crimes.

23 (13) The problem of crimes motivated by bias is

24 sufficiently serious, widespread, and interstate in na-
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1 ture as to warrant Federal assistance to States and

2 local jurisdictions.

3 SEC. 3403. DEFINITION OF HATE CRIME.

4 In this title, the term ‘‘hate crime’’ has the same mean5 ing as in section 280003(a) of the Violent Crime Control

6 and Law Enforcement Act of 1994 (28 U.S.C. 994 note).

7 SEC. 3404. SUPPORT FOR CRIMINAL INVESTIGATIONS AND

8 PROSECUTIONS BY STATE AND LOCAL LAW

9 ENFORCEMENT OFFICIALS.

10 (a) ASSISTANCE OTHER THAN FINANCIAL ASSIST11 ANCE.—

12 (1) IN GENERAL.—At the request of a law en13 forcement official of a State or Indian tribe, the At14 torney General may provide technical, forensic, pros15 ecutorial, or any other form of assistance in the

16 criminal investigation or prosecution of any crime

17 that—

18 (A) constitutes a crime of violence (as de19 fined in section 16 of title 18, United States

20 Code);

21 (B) constitutes a felony under the laws of

22 the State or Indian tribe; and

23 (C) is motivated by prejudice based on the

24 race, color, religion, national origin, gender, sex25 ual orientation, or disability of the victim, or is
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1 a violation of the hate crime laws of the State

2 or Indian tribe.

3 (2) PRIORITY.—In providing assistance under

4 paragraph (1), the Attorney General shall give pri5 ority to crimes committed by offenders who have com6 mitted crimes in more than 1 State and to rural ju7 risdictions that have difficulty covering the extraor8 dinary expenses relating to the investigation or pros9 ecution of the crime.

10 (b) GRANTS.—

11 (1) IN GENERAL.—The Attorney General may

12 award grants to assist State, local, and Indian law

13 enforcement officials with the extraordinary expenses

14 associated with the investigation and prosecution of

15 hate crimes.

16 (2) OFFICE OF JUSTICE PROGRAMS.—In imple17 menting the grant program, the Office of Justice Pro18 grams shall work closely with the funded jurisdictions

19 to ensure that the concerns and needs of all affected

20 parties, including community groups and schools, col21 leges, and universities, are addressed through the local

22 infrastructure developed under the grants.

23 (3) APPLICATION.—

24 (A) IN GENERAL.—Each State that desires

25 a grant under this subsection shall submit an
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1 application to the Attorney General at such

2 time, in such manner, and accompanied by or

3 containing such information as the Attorney

4 General shall reasonably require.

5 (B) DATE FOR SUBMISSION.—Applications

6 submitted pursuant to subparagraph (A) shall be

7 submitted during the 60-day period beginning on

8 a date that the Attorney General shall prescribe.

9 (C) REQUIREMENTS.—A State or political

10 subdivision of a State or tribal official applying

11 for assistance under this subsection shall—

12 (i) describe the extraordinary purposes

13 for which the grant is needed;

14 (ii) certify that the State, political sub15 division, or Indian tribe lacks the resources

16 necessary to investigate or prosecute the

17 hate crime;

18 (iii) demonstrate that, in developing a

19 plan to implement the grant, the State, po20 litical subdivision, or tribal official has con21 sulted and coordinated with nonprofit, non22 governmental victim services programs that

23 have experience in providing services to vic24 tims of hate crimes; and
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1 (iv) certify that any Federal funds re2 ceived under this subsection will be used to

3 supplement, not supplant, non-Federal

4 funds that would otherwise be available for

5 activities funded under this subsection.

6 (4) DEADLINE.—An application for a grant

7 under this subsection shall be approved or dis8 approved by the Attorney General not later than 30

9 business days after the date on which the Attorney

10 General receives the application.

11 (5) GRANT AMOUNT.—A grant under this sub12 section shall not exceed $100,000 for any single juris13 diction within a 1 year period.

14 (6) REPORT.—Not later than December 31, 2005,

15 the Attorney General shall submit to Congress a re16 port describing the applications submitted for grants

17 under this subsection, the award of such grants, and

18 the purposes for which the grant amounts were ex19 pended.

20 (7) AUTHORIZATION OF APPROPRIATIONS.—

21 There is authorized to be appropriated to carry out

22 this subsection $5,000,000 for each of fiscal years

23 2005 and 2006.
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1 SEC. 3405. GRANT PROGRAM.

2 (a) AUTHORITY TO MAKE GRANTS.—The Office of

3 Justice Programs of the Department of Justice shall award

4 grants, in accordance with such regulations as the Attorney

5 General may prescribe, to State and local programs de6 signed to combat hate crimes committed by juveniles, in7 cluding programs to train local law enforcement officers in

8 identifying, investigating, prosecuting, and preventing hate

9 crimes.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated such sums as may be nec12 essary to carry out this section.

13 SEC. 3406. AUTHORIZATION FOR ADDITIONAL PERSONNEL

14 TO ASSIST STATE AND LOCAL LAW ENFORCE15 MENT.

16 There are authorized to be appropriated to the Depart17 ment of the Treasury and the Department of Justice, in18 cluding the Community Relations Service, for fiscal years

19 2005, 2006, and 2007 such sums as are necessary to in20 crease the number of personnel to prevent and respond to

21 alleged violations of section 249 of title 18, United States

22 Code, as added by section ll07.

23 SEC. 3407. PROHIBITION OF CERTAIN HATE CRIME ACTS.

24 (a) IN GENERAL.—Chapter 13 of title 18, United

25 States Code, is amended by adding at the end the following:
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1 ‘‘§ 249. Hate crime acts

2 ‘‘(a) IN GENERAL.—

3 ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER4 CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI5 GIN.—Whoever, whether or not acting under color of

6 law, willfully causes bodily injury to any person or,

7 through the use of fire, a firearm, or an explosive or

8 incendiary device, attempts to cause bodily injury to

9 any person, because of the actual or perceived race,

10 color, religion, or national origin of any person—

11 ‘‘(A) shall be imprisoned not more than 10

12 years, fined in accordance with this title, or

13 both; and

14 ‘‘(B) shall be imprisoned for any term of

15 years or for life, fined in accordance with this

16 title, or both, if—

17 ‘‘(i) death results from the offense; or

18 ‘‘(ii) the offense includes kidnaping or

19 an attempt to kidnap, aggravated sexual

20 abuse or an attempt to commit aggravated

21 sexual abuse, or an attempt to kill.

22 ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER23 CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX24 UAL ORIENTATION, OR DISABILITY.—

25 ‘‘(A) IN GENERAL.—Whoever, whether or

26 not acting under color of law, in any cir-
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1 cumstance described in subparagraph (B), will2 fully causes bodily injury to any person or,

3 through the use of fire, a firearm, or an explosive

4 or incendiary device, attempts to cause bodily

5 injury to any person, because of the actual or

6 perceived religion, national origin, gender, sex7 ual orientation, or disability of any person—

8 ‘‘(i) shall be imprisoned not more than

9 10 years, fined in accordance with this title,

10 or both; and

11 ‘‘(ii) shall be imprisoned for any term

12 of years or for life, fined in accordance with

13 this title, or both, if—

14 ‘‘(I) death results from the offense;

15 or

16 ‘‘(II) the offense includes kid17 naping or an attempt to kidnap, ag18 gravated sexual abuse or an attempt to

19 commit aggravated sexual abuse, or an

20 attempt to kill.

21 ‘‘(B) CIRCUMSTANCES DESCRIBED.—For

22 purposes of subparagraph (A), the circumstances

23 described in this subparagraph are that—

24 ‘‘(i) the conduct described in subpara25 graph (A) occurs during the course of, or as
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1 the result of, the travel of the defendant or

2 the victim—

3 ‘‘(I) across a State line or na4 tional border; or

5 ‘‘(II) using a channel, facility, or

6 instrumentality of interstate or foreign

7 commerce;

8 ‘‘(ii) the defendant uses a channel, fa9 cility, or instrumentality of interstate or

10 foreign commerce in connection with the

11 conduct described in subparagraph (A);

12 ‘‘(iii) in connection with the conduct

13 described in subparagraph (A), the defend14 ant employs a firearm, explosive or incen15 diary device, or other weapon that has trav16 eled in interstate or foreign commerce; or

17 ‘‘(iv) the conduct described in subpara18 graph (A)—

19 ‘‘(I) interferes with commercial or

20 other economic activity in which the

21 victim is engaged at the time of the

22 conduct; or

23 ‘‘(II) otherwise affects interstate

24 or foreign commerce.
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1 ‘‘(b) CERTIFICATION REQUIREMENT.—No prosecution

2 of any offense described in this subsection may be under3 taken by the United States, except under the certification

4 in writing of the Attorney General, the Deputy Attorney

5 General, the Associate Attorney General, or any Assistant

6 Attorney General specially designated by the Attorney Gen7 eral that—

8 ‘‘(1) he or she has reasonable cause to believe

9 that the actual or perceived race, color, religion, na10 tional origin, gender, sexual orientation, or disability

11 of any person was a motivating factor underlying the

12 alleged conduct of the defendant; and

13 ‘‘(2) he or his designee or she or her designee has

14 consulted with State or local law enforcement officials

15 regarding the prosecution and determined that—

16 ‘‘(A) the State does not have jurisdiction or

17 does not intend to exercise jurisdiction;

18 ‘‘(B) the State has requested that the Fed19 eral Government assume jurisdiction;

20 ‘‘(C) the State does not object to the Federal

21 Government assuming jurisdiction; or

22 ‘‘(D) the verdict or sentence obtained pursu23 ant to State charges left demonstratively

24 unvindicated the Federal interest in eradicating

25 bias-motivated violence.
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1 ‘‘(c) DEFINITIONS.—In this section—

2 ‘‘(1) the term ‘explosive or incendiary device’ has

3 the meaning given the term in section 232 of this

4 title; and

5 ‘‘(2) the term ‘firearm’ has the meaning given

6 the term in section 921(a) of this title.’’.

7 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

8 analysis for chapter 13 of title 18, United States Code, is

9 amended by adding at the end the following:

‘‘249. Hate crime acts.’’.

10 SEC. 3408. DUTIES OF FEDERAL SENTENCING COMMISSION.

11 (a) AMENDMENT OF FEDERAL SENTENCING GUIDE12 LINES.—Pursuant to the authority provided under section

13 994 of title 28, United States Code, the United States Sen14 tencing Commission shall study the issue of adult recruit15 ment of juveniles to commit hate crimes and shall, if appro16 priate, amend the Federal sentencing guidelines to provide

17 sentencing enhancements (in addition to the sentencing en18 hancement provided for the use of a minor during the com19 mission of an offense) for adult defendants who recruit juve20 niles to assist in the commission of hate crimes.

21 (b) CONSISTENCY WITH OTHER GUIDELINES.—In car22 rying out this section, the United States Sentencing Com23 mission shall—

24 (1) ensure that there is reasonable consistency

25 with other Federal sentencing guidelines; and
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1 (2) avoid duplicative punishments for substan2 tially the same offense.

3 SEC. 3409. STATISTICS.

4 Subsection (b)(1) of the first section of the Hate Crimes

5 Statistics Act (28 U.S.C. 534 note) is amended by inserting

6 ‘‘gender,’’ after ‘‘race,’’.

7 SEC. 3410. SEVERABILITY.

8 If any provision of this title, an amendment made by

9 this title, or the application of such provision or amend10 ment to any person or circumstance is held to be unconsti11 tutional, the remainder of this title, the amendments made

12 by this title, and the application of the provisions of such

13 to any person or circumstance shall not be affected thereby.

14 TITLE XXXV—ASSISTANCE TO

15 FIREFIGHTERS.

16 SEC. 3501. SHORT TITLE.

17 This title may be cited as the ‘‘Assistance to Fire18 fighters Act of 2004’’.

19 SEC. 3502. AUTHORITY OF SECRETARY OF HOMELAND SE20 CURITY FOR FIREFIGHTER ASSISTANCE PRO21 GRAM.

22 (a) IN GENERAL.—Subsection (b)(1) of section 33 of

23 the Federal Fire Prevention and Control Act of 1974 (15

24 U.S.C. 2229) is amended by striking ‘‘Director’’ in the mat25 ter preceding subparagraph (A) and inserting ‘‘Secretary
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1 of Homeland Security, in consultation with the Adminis2 trator,’’.

3 (b) CONFORMING AMENDMENT.—Such section is fur4 ther amended by striking ‘‘Director’’ each place it appears

5 and inserting ‘‘Secretary of Homeland Security’’.

6 (c) TECHNICAL AMENDMENT.—The heading of sub7 section (b)(8) of such section is amended by striking ‘‘DI8 RECTOR’’ and inserting ‘‘SECRETARY’’.

9 SEC. 3503. GRANTS TO VOLUNTEER EMERGENCY MEDICAL

10 SERVICE ORGANIZATIONS.

11 (a) AUTHORITY TO AWARD GRANTS TO VOLUNTEER

12 EMERGENCY MEDICAL SERVICE SQUADS.—Paragraph

13 (1)(A) of section 33(b) of the Federal Fire Prevention and

14 Control Act of 1974 (15 U.S.C. 2229(b)) is amended by in15 serting ‘‘or to volunteer emergency medical service organi16 zations’’ after ‘‘fire departments’’.

17 (b) USE OF GRANT FUNDS.—Paragraph (3)(F) of such

18 section is amended by inserting ‘‘or volunteer emergency

19 medical service organizations that are not affiliated with

20 a for-profit entity’’ after ‘‘fire departments’’.

21 (c) SPECIAL RULE FOR APPLICATIONS FOR VOLUN22 TEER EMERGENCY MEDICAL SERVICES.—Paragraph (5) of

23 such section is amended by adding at the end, the following

24 new subparagraph:
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1 ‘‘(C) SPECIAL RULE FOR VOLUNTEER EMER2 GENCY MEDICAL SERVICES.—The Secretary of

3 Homeland Security shall permit an applicant

4 seeking grant funds for volunteer emergency med5 ical services under paragraph (3)(F) to use the

6 same application form to seek grant funds for

7 one or more of the other purposes set out in sub8 paragraphs (A) through (O) of paragraph (3).’’.

9 SEC. 3504. GRANTS FOR AUTOMATED EXTERNAL

10 DEFIBRILLATOR DEVICES.

11 Paragraph (3) of section 33(b) of the Federal Fire Pre12 vention and Control Act of 1974 (15 U.S.C. 2229(b)) is

13 amended by adding at the end the following new subpara14 graph:

15 ‘‘(O) To obtain automated external

16 defibrillator devices.’’.

17 SEC. 3405. CRITERIA FOR REVIEWING GRANT APPLICA18 TIONS.

19 Paragraph (2) of section 33(b) of the Federal Fire Pre20 vention and Control Act of 1974 (15 U.S.C. 2229(b)) is

21 amended to read as follows:

22 ‘‘(2) CRITERIA AND REVIEWOF APPLICATIONS.—

23 ‘‘(A) PRELIMINARY REVIEWCRITERIA.—

24 ‘‘(i) IN GENERAL.—The Secretary of

25 Homeland Security shall establish specific
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1 criteria for the preliminary review of an

2 application submitted under this section. If

3 an application does not meet such criteria,

4 the application may not receive further con5 sideration for a grant under this section.

6 ‘‘(ii) ANNUAL REVIEWOF CRITERIA.—

7 Not less often than once each year, the Sec8 retary of Homeland Security, in consulta9 tion with the Administrator, shall convene a

10 meeting of individuals who are members of

11 a fire service and are recognized for exper12 tise in firefighting or in emergency medical

13 services provided by fire services, and who

14 are not employees of the Federal Govern15 ment for the purpose of reviewing and pro16 posing changes to the criteria established

17 under clause (i).

18 ‘‘(B) SELECTION THROUGH REVIEWBY EX19 PERTS.—

20 ‘‘(i) REQUIREMENT FOR REVIEW.—The

21 Secretary of Homeland Security shall

22 award grants under this section based on

23 the review of applications for such grants

24 by a panel of fire service personnel ap25 pointed by a national organization recog-
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1 nized for expertise in the operation and ad2 ministration of fire services.

3 ‘‘(ii) ROLE OF THE SECRETARY.—The

4 Secretary of Homeland Security shall pro5 vide for the administration of the review

6 panel described in clause (i) and shall en7 sure that an individual appointed to such

8 panel is a recognized expert in firefighting,

9 medical services provided by fire services,

10 fire prevention, or research on firefighter

11 safety.’’.

12 SEC. 3506. FINANCIAL ASSISTANCE FOR FIREFIGHTER

13 SAFETY PROGRAMS.

14 (a) AUTHORITY.—Paragraph (1)(B) of section 33(b) of

15 the Federal Fire Prevention and Control Act of 1974 (15

16 U.S.C. 2229(b)) is amended by inserting ‘‘and firefighter

17 safety’’ after ‘‘prevention’’.

18 (b) EXPANSION OF EXISTING PROGRAM.—

19 (1) FIREFIGHTER SAFETY ASSISTANCE.—Para20 graph (4) of such section is amended—

21 (A) in subparagraph (A)(ii), by striking

22 ‘‘organizations that are recognized’’ and all that

23 follows and inserting ‘‘organizations eligible

24 under subparagraph (B) for the purposes de25 scribed in subparagraph (C).’’; and
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1 (B) by striking subparagraph (B), and in2 serting the following new subparagraphs:

3 ‘‘(B) ELIGIBILITY FOR ASSISTANCE.—An

4 organization may be eligible for assistance under

5 subparagraph (A)(ii), if such organization is a

6 national, State, local, or community organiza7 tion that is not a fire service and that is recog8 nized for experience and expertise with respect to

9 programs and activities that promote—

10 ‘‘(i) fire prevention or fire safety; or

11 ‘‘(ii) the health and safety of fire12 fighting personnel.

13 ‘‘(C) USE OF FUNDS.—Assistance provided

14 under subparagraph (A)(ii) shall be used—

15 ‘‘(i) to carry out fire prevention pro16 grams; or

17 ‘‘(ii) to fund research to improve the

18 health and safety of firefighting personnel.

19 ‘‘(D) PRIORITY.—In selecting organizations

20 described in subparagraph (B) to receive assist21 ance under this paragraph, the Secretary of

22 Homeland Security shall give priority—

23 ‘‘(i) to organizations that focus on pre24 venting injuries from fire to members of
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1 groups at high risk of such injuries, with an

2 emphasis on children; and

3 ‘‘(ii) to organizations that focus on re4 searching methods to improve the health

5 and safety of firefighting personnel.

6 ‘‘(E) ALLOCATION OF FUNDS.—Not less

7 than 66 percent of the total amount of funds

8 made available in a fiscal year to carry out this

9 paragraph shall be made available of the pro10 grams described in subparagraph (A)(ii).’’.

11 (2) CONFORMING AMENDMENT.—The heading of

12 such paragraph is amended to read as follows:

13 ‘‘(4) FIRE PREVENTION AND FIREFIGHTER SAFE14 TY PROGRAMS.—’’.

15 (c) AVAILABILITY OF FUNDS FOR FIRE PREVENTION

16 AND FIREFIGHTER SAFETY PROGRAMS.—Paragraph (4)(A)

17 of such section, as amended by subsection (b), is further

18 amended in the matter preceding clause (i), by striking ‘‘5

19 percent’’ and inserting ‘‘6 percent’’.

20 SEC. 3507. ASSISTANCE FOR APPLICATIONS.

21 Paragraph (5) of section 33(b) of the Federal Fire Pre22 vention and Control Act of 1974 (15 U.S.C. 2229(b)), as

23 amended by section 3(c), is further amended by adding at

24 the end the following new subparagraph:
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1 ‘‘(D) ASSISTANCE TO PREPARE AN APPLICA2 TION.—The Secretary of Homeland Security

3 shall provide assistance with the preparation of

4 applications for grants under this section.’’.

5 SEC. 3508. REDUCED REQUIREMENTS FOR MATCHING

6 FUNDS.

7 (a) AMOUNT REQUIRED.—Paragraph (6) of section

8 33(b) of the Federal Fire Prevention and Control Act of

9 1974 (15 U.S.C. 2229(b)) is amended by striking subpara10 graphs (A) and (B) and inserting the following:

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graphs (B) and (C), the Secretary of Homeland

13 Security may provide assistance under this sub14 section only if the applicant for such assistance

15 agrees to match 20 percent of such assistance for

16 any fiscal year with an equal amount of non17 Federal funds.

18 ‘‘(B) REQUIREMENT FOR SMALL COMMUNITY

19 ORGANIZATIONS.—In the case of an applicant

20 whose personnel—

21 ‘‘(i) serve jurisdictions of 50,000 or

22 fewer residents, the percent applied under

23 the matching requirement of subparagraph

24 (A) shall be 10 percent; or
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1 ‘‘(ii) serve jurisdictions of 20,000 or

2 fewer residents, the percent applied under

3 the matching requirement of subparagraph

4 (A) shall be 5 percent.’’.

5 (b) EXCEPTION.—Such paragraph, as amended by

6 subsection (a), is further amended by adding at the end the

7 following new subparagraph:

8 ‘‘(C) EXCEPTION.—No matching funds may

9 be required under this subsection for assistance

10 provided under subparagraph (A)(ii) of para11 graph (4) to an organization described in sub12 paragraph (B) of such paragraph.’’.

13 (c) SPECIAL RULE FOR REQUESTS FOR AUTOMATED

14 EXTERNAL DEFIBRILLATOR DEVICES.—Section 33(b) of

15 such Act is further amended by adding at the end the fol16 lowing new paragraph:

17 ‘‘(13) SPECIAL RULES FOR GRANTS FOR AUTO18 MATED EXTERNAL DEFIBRILLATOR DEVICES.—

19 ‘‘(A) LIMITATIONS.—The Secretary of

20 Homeland Security shall reduce the percentage

21 of non-Federal matching funds for a grant as de22 scribed in subparagraph (B) if—

23 ‘‘(i) the applicant is requesting grant

24 funds to obtain one or more automated ex-
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1 ternal defibrillator devices, as authorized by

2 paragraph (3)(O);

3 ‘‘(ii) the award of such grant will re4 sult in the applicant possessing exactly one

5 such device for each first-due emergency ve6 hicle operated by the applicant;

7 ‘‘(iii) the applicant certifies to the Sec8 retary of Homeland Security that the appli9 cant possesses, at the time such application

10 is filed, a number of such devices that is less

11 than the number of first-due emergency ve12 hicles operated by the applicant and that

13 the applicant is capable of storing, in a

14 manner conducive to rapid use, such devices

15 on each such vehicle; and

16 ‘‘(iv) the applicant has not previously

17 received a grant under this subsection to ob18 tain such devices.

19 ‘‘(B) MATCHING REQUIREMENTS.—If an

20 applicant meets the criteria set out in clauses

21 (i), (ii), (iii), and (iv) of subparagraph (A), the

22 Secretary of Homeland Security shall reduce the

23 percentage of non-Federal matching funds re24 quired by paragraph (6) by 2 percentage points
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1 for all assistance requested in the application

2 submitted by such applicant.

3 ‘‘(C) FIRST-DUE DEFINED.—In this para4 graph, the term ‘first-due’ means the firefighting

5 and emergency medical services vehicles that are

6 utilized by a fire service for immediate response

7 to an emergency situation.’’.

8 SEC. 3509. GRANT RECIPIENT LIMITATIONS.

9 (a) LIMITATIONS ON GRANT AMOUNTS.—Subpara10 graph (A) of section 33(b)(10) of the Federal Fire Preven11 tion and Control Act of 1974 (15 U.S.C. 2229(b)(10)) is

12 amended to read as follows:

13 ‘‘(A) LIMITATIONS ON GRANT AMOUNT.—

14 ‘‘(i) GENERAL LIMITATION.—Subject to

15 clause (ii), a recipient of assistance under

16 this section may not receive in a fiscal year

17 an amount of such assistance that exceeds

18 the greater of $2,250,000 or the amount

19 equal to 0.5 percent of the total amount of

20 funds appropriated for such assistance for

21 such fiscal year.

22 ‘‘(ii) LIMITATIONS ON BASIS OF POPU23 LATION.—Subject to clause (iii), a recipient

24 of assistance under this section that serves

25 a jurisdiction of less than 1,000,000 indi-
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1 viduals may not receive more than

2 $1,500,000 of such assistance for a fiscal

3 year, except that such a recipient that

4 serves a jurisdiction of less than 500,000 in5 dividuals may not receive more than

6 $1,000,000 of such assistance during a fis7 cal year.

8 ‘‘(iii) WAIVER.—With respect to assist9 ance provided in a fiscal year before fiscal

10 year 2007, the Secretary of Homeland Secu11 rity, in consultation with the Adminis12 trator, may waive the limitations set out in

13 clause (ii) if the Secretary determines that

14 a waiver is warranted by an extraordinary

15 need for assistance for fire suppression ac16 tivities by a jurisdiction, whether such need

17 is caused by the likelihood of terrorist at18 tack, natural disaster, destructive fires oc19 curring over a large geographic area, or

20 some other cause.’’.

21 (b) LIMITATIONS ON GRANTS FOR VOLUNTEER EMER22 GENCY MEDICAL SERVICES.—Such section, as amended by

23 subsection (a), is further amended by adding at the end the

24 following new subparagraph:
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1 ‘‘(C) LIMITATIONS ON EXPENDITURES FOR

2 VOLUNTEER EMERGENCY MEDICAL SERVICES.—

3 Not more than 3.5 percent of the funds appro4 priated to provide grants under this section for

5 a fiscal year may be awarded to volunteer emer6 gency medical service organizations.’’.

7 SEC. 3510. OTHER CONSIDERATIONS.

8 Section 33(b) of the Federal Fire Prevention and Con9 trol Act of 1974 (15 U.S.C. 2229(b)), as amended by section

10 8, is amended by adding at the end the following new para11 graph:

12 ‘‘(14) OTHER CONSIDERATIONS.—In providing

13 assistance under this section, the Secretary of Home14 land Security shall—

15 ‘‘(A) consider the extent to which the recipi16 ent of such assistance is able to enhance the

17 daily operations of a fire service and to improve

18 the protection of people and property from fire;

19 and

20 ‘‘(B) ensure that such assistance awarded to

21 a volunteer emergency medical service organiza22 tion will not be used to provide emergency med23 ical services in a geographic area if such services

24 are adequately provided by a fire service in such

25 area.’’.
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1 SEC. 3511. REPORTS TO CONGRESS.

2 (a) STUDY AND REPORT ON ASSISTANCE TO FIRE3 FIGHTERS.—

4 (1) STUDY.—The Secretary, in conjunction with

5 the National Fire Protection Association, shall con6 duct a study—

7 (A) to assess the types of activities that are

8 carried out by fire services;

9 (B) to determine whether the level of Fed10 eral funding made available to fire services is

11 adequate;

12 (C) to assess categories of services, including

13 emergency medical services, that are not ade14 quately provided by fire services on either the

15 national or State level; and

16 (D) to measure the effect, if any, of the as17 sistance provided under section 33 of the Federal

18 Fire Prevention and Control Act of 1974 (15

19 U.S.C. 2229) on the needs of fire services identi20 fied in the report submitted to Congress under

21 section 1701(b) of the Floyd D. Spence National

22 Defense Authorization Act for Fiscal Year 2001

23 (as enacted into law by Public Law 106–398;

24 114 Stat. 1654A–363).

25 (2) REPORT.—Not later than 18 months after the

26 date of the enactment of this Act, the Secretary shall
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1 submit to Congress a report on the findings of the

2 study described in paragraph (1).

3 (b) REPORT BY GAO.—Not later than 18 months after

4 the date of the enactment of this Act, the Comptroller Gen5 eral of the United States shall submit to Congress a report

6 on—

7 (1) the administration of the assistance provided

8 under section 33 of the Federal Fire Prevention and

9 Control Act of 1974 (15 U.S.C. 2229); and

10 (2) the success of the Secretary in administering

11 the Federal Emergency Management Agency.

12 (c) REPORT ON WAIVER OF AMOUNT LIMITATIONS.—

13 Not later than 18 months after the date of the enactment

14 of this Act, the Secretary shall submit to Congress a report

15 on the instances, if any, of the use of the waiver authority

16 set out in section 33(b)(10)(A)(iii) of the Federal Fire Pre17 vention and Control Act of 1974 (15 U.S.C.

18 2229(b)(10)(A)(iii)), as added by section 9.

19 (d) DEFINITIONS.—In this section:

20 (1) FIRE SERVICE.—The term ‘‘fire service’’ has

21 the meaning given that term in section 4 of the Fed22 eral Fire Prevention and Control Act of 1974 (15

23 U.S.C. 2203).

24 (2) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of Homeland Security.
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1 SEC. 3512. TECHNICAL CORRECTIONS.

2 (a) REPEAL OF DUPLICATIVE DEFINITION.—Sub3 section (d) of section 33 of the Federal Fire Prevention and

4 Control Act of 1974 (15 U.S.C. 2229) is repealed.

5 (b) REDESIGNATIONS NECESSITATED BY DUPLICATIVE

6 NUMBERING.—The sections 33 and 34 of the Federal Fire

7 Prevention and Control Act of 1974 (15 U.S.C. 2230 and

8 2231) that were added by sections 105 and 106 of Public

9 Law 106–503 (114 Stat. 2301) are redesignated as sections

10 34 and 35, respectively.

11 SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.

12 (a) FIREFIGHTER ASSISTANCE PROGRAMS.—Section

13 33(e) of the Federal Fire Prevention and Control Act of

14 1974 (15 U.S.C. 2229(e)) is amended by striking the first

15 sentence and inserting ‘‘There are authorized to be appro16 priated for the purposes of this section $900,000,000 for fis17 cal year 2005, $950,000,000 for fiscal year 2006, and

18 $1,000,000,000 for each of the fiscal years 2007 through

19 2010.’’.

20 (b) STUDY ON ASSISTANCE TO FIREFIGHTERS.—There

21 are authorized to be appropriated to the Secretary of Home-
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1 land Security $300,000 for fiscal year 2005 to carry out

2 the requirements of section 4011(a).

Attest:

Secretary.
108TH CONGRESS

2D SESSION H. R. 4200

AMENDMENT