In the Senate of the United States,
June 23 (legislative day, June 22), 2004.
Resolved, That the bill from the House of Representa-
tives (H.R. 4200) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 2005 for military activities of the Depart-
ment 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:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ronald W. Reagan Na-
tional Defense Authorization Act for Fiscal Year 2005’’.
†
HR 4200 EAS
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Author-
izations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy National
Security Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
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 ve-
hicle 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.
†
HR 4200 EAS
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 en-
durance 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 Sys-
tem.
Sec. 233. Comptroller General assessments of ballistic missile defense programs.
Sec. 234. Baselines and operational test and evaluation for ballistic missile de-
fense 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 en-
terprise 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.
†
HR 4200 EAS
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 de-
contaminate groundwater at Department of Defense installa-
tions.
Sec. 327. Sense of Senate on perchlorate contamination of ground and surface
water.
Sec. 328. Amount for research and development for improved prevention of Leish-
maniasis.
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 ex-
pended for depot maintenance and repair workloads.
Sec. 332. Repeal of requirement for annual report on management of depot em-
ployees.
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 ben-
efit.
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 mem-
bers 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 mili-
tary housing on local schools
†
HR 4200 EAS
Subtitle G—Other Matters
Sec. 361. Charges for Defense Logistics Information Services materials.
Sec. 362. Temporary authority for contractor performance of security-guard func-
tions.
Sec. 363. Pilot program for purchase of certain municipal services for Depart-
ment of Defense installations.
Sec. 364. Consolidation and improvement of authorities for Army working-cap-
ital 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 de-
ceased 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 offi-
cers.
Sec. 512. Eligibility of Navy staff corps officers to serve as Deputy Chiefs of
Naval Operations and Assistant Chiefs of Naval Operations.
†
HR 4200 EAS
Sec. 513. One-year extension of authority to waive joint duty experience as eligi-
bility requirement for appointment of chiefs of reserve compo-
nents.
Sec. 514. Limitation on number of officers frocked to major general and rear ad-
miral (upper half).
Sec. 515. Study regarding promotion eligibility of retired warrant officers re-
called 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 Commu-
nity 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 Un-
knowns 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 com-
bat 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 re-
sponse 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 train-
ing.
Sec. 564. Conforming amendments to other laws referring to funeral honors duty.
†
HR 4200 EAS
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 max-
imum Federal share of cost of State programs under the pro-
gram.
Sec. 574. Appearance of veterans service organizations at preseparation coun-
seling 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 perma-
nent 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 allow-
ance.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers.
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 offi-
cers.
Sec. 620. Bonus for certain initial service of commissioned officers in the Selected
Reserve.
Sec. 621. Relationship between eligibility to receive supplemental subsistence al-
lowance 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 bur-
ial ceremonies of members who die on duty.
Sec. 632. Lodging costs incurred in connection with dependent student travel.
†
HR 4200 EAS
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 dis-
abilities 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 pro-
gram of education in a health care profession.
Sec. 652. Eligibility of members for reimbursement of expenses incurred for adop-
tion 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 agricul-
tural 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 pro-
gram.
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 hospital-
ized.
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.
†
HR 4200 EAS
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 pro-
grams.
Sec. 803. Internal controls for Department of Defense purchases through GSA Cli-
ent Support Centers.
Sec. 804. Defense commercial satellite services procurement process.
Sec. 805. Revision and extension of authority for advisory panel on review of gov-
ernment 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 busi-
ness subcontracting plans.
Sec. 824. Extension of pilot program on sales of manufactured articles and serv-
ices 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.
†
HR 4200 EAS
Subtitle E—Defense Acquisition and Support Workforce
Sec. 841. Limitation and reinvestment authority relating to reduction of the de-
fense 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 tem-
porary contract closeout authority.
Sec. 862. Demonstration program on expanded use of Reserves to perform devel-
opmental testing, new equipment training, and related activi-
ties.
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 enforce-
ment, 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.
†
HR 4200 EAS
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 Na-
tional Guard Training Center, Little Falls, Minnesota.
Sec. 1024. Report on training provided to members of the Armed Forces to pre-
pare 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 aer-
ial 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 corpora-
tions 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 ter-
rorism.
Sec. 1029E. Report on the stabilization of Iraq.
Sec. 1029F. Reports on matters relating to detainment of prisoners by the De-
partment 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 sat-
ellites.
†
HR 4200 EAS
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 con-
tamination.
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 ac-
tivities 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 com-
munications 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 pur-
chased by or for members of the Armed Forces for deployment
in operations in Iraq and central Asia.
†
HR 4200 EAS
Sec. 1073. Preservation of search and rescue capabilities of the Federal Govern-
ment.
Sec. 1074. Grant of Federal charter to Korean War Veterans Association, Incor-
porated.
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 con-
tracts, defense research programs, and other minority-related de-
fense 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 ef-
fectiveness of V-chip in blocking violent programming.
Sec. 1087. Unlawful distribution of violent video programming that is not specifi-
cally 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) de-
fense scholarship pilot program.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian intelligence per-
sonnel.
Sec. 1104. Accumulation of annual leave by intelligence senior level employees.
Sec. 1105. Pay parity for senior executives in defense nonappropriated fund in-
strumentalities.
Sec. 1106. Health benefits program for employees of nonappropriated fund in-
strumentalities.
Sec. 1107. Bid protests by Federal employees in actions under Office of Manage-
ment 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 manage-
ment authorities in Department of Defense laboratories.
Sec. 1110. Nonreduction in pay while Federal employee is performing active serv-
ice 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.
†
HR 4200 EAS
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 Re-
duction 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 op-
erations.
Sec. 1305. Declassification of information on exposures to environmental hazards.
Sec. 1306. Environmental hazards.
Sec. 1307. Post-deployment medical care responsibilities of installation com-
manders.
Sec. 1308. Full implementation of Medical Readiness Tracking and Health Sur-
veillance 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.
†
HR 4200 EAS
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 instal-
lations 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, Co-
lumbus, 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.
†
HR 4200 EAS
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 Caro-
lina.
Sec. 2835. Land conveyance, Louisiana Army Ammunition Plant, Doyline, Lou-
isiana.
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 Dem-
onstration 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 Rede-
velopment Agency of the City of Oakland, California.
Sec. 2845. Comptroller general report on closure of Department of Defense De-
pendent 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 SECU-
RITY 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 In-
frastructure Recapitalization Program after project selection
deadline.
†
HR 4200 EAS
Sec. 3114. Modification of milestone and report requirements for National Igni-
tion Facility.
Sec. 3115. Modification of submittal date of annual plan for stewardship, man-
agement, 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 environ-
mental 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 un-
derstand plutonium aging.
Subtitle C—Proliferation Matters
Sec. 3131. Modification of authority to use international nuclear materials pro-
tection 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 Compensa-
tion 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 com-
petitive contract.
Sec. 3146. Compensation of Pajarito Plateau, New Mexico, homesteaders for ac-
quisition 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 facili-
ties 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 Oc-
cupational Illness Compensation Program.
Sec. 3165. Sense of Senate on resource center for energy employees under Energy
Employee Occupational Illness Compensation Program in West-
ern New York and Western Pennsylvania region.
Sec. 3166. Review by Congress of individuals designated by President as members
of cohort.
†
HR 4200 EAS
Sec. 3167. Inclusion of certain former nuclear weapons program workers in spe-
cial 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 author-
ized 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.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
†
HR 4200 EAS
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations of the House of Rep-
resentatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fis-
cal year 2005 for procurement for the Army as follows:
(1) For aircraft, $2,702,640,000.
(2) For missiles, $1,488,321,000.
(3) For weapons and tracked combat vehicles,
$1,693,595,000.
(4) For ammunition, $1,598,302,000.
(5) For other procurement, $5,384,296,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2005 for procurement for the Navy
as follows:
(1) For aircraft, $8,870,832,000.
†
HR 4200 EAS
(2) For weapons, including missiles and tor-
pedoes, $2,183,829,000.
(3) 
For 
shipbuilding 
and 
conversion,
$10,127,027,000.
(4) For other procurement, $4,904,978,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 2005 for procurement for
the Marine Corps in the amount of $1,303,203,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds
are hereby authorized to be appropriated for fiscal year
2005 for procurement of ammunition for the Navy and the
Marine Corps in the amount of $873,140,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 2005 for procurement for the Air Force as follows:
(1) For aircraft, $13,033,674,000.
(2) For missiles, $4,635,613,000.
(3) For ammunition, $1,396,457,000.
(4) For other procurement, $13,298,257,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fis-
cal year 2005 for Defense-wide procurement in the amount
of $2,967,402,000.
†
HR 4200 EAS
Subtitle B—Army Programs
SEC. 111. LIGHT UTILITY HELICOPTER PROGRAM.
(a) LIMITATION.—Of the funds authorized to be appro-
priated under section 101(1) for the procurement of light
utility helicopters, $45,000,000 may not be obligated or ex-
pended until 30 days after the date on which the Secretary
of the Army submits to the congressional defense committees
a report that contains—
(1) the Secretary’s certification that all required
documentation for the acquisition of light utility heli-
copters has been completed and approved; and
(2) the Army aviation modernization plan re-
quired by subsection (b).
(b) ARMY AVIATION MODERNIZATION PLAN.—(1) Not
later than March 1, 2005, the Secretary of the Army shall
submit to the congressional defense committees an updated
modernization plan for Army aviation.
(2) The updated Army aviation modernization plan
shall contain, at a minimum, the following matters:
(A) The analysis on which the plan is based.
(B) A discussion of the Secretary’s decision to
terminate the Comanche helicopter program and to
restructure the aviation force of the Army.
(C) The actions taken or to be taken to accelerate
the procurement and development of aircraft surviv-
†
HR 4200 EAS
ability equipment for Army aircraft, together with a
detailed list of aircraft survivability equipment that
specifies such equipment by platform and by the re-
lated programmatic funding for procurement.
(D) A discussion of the conversion of Apache hel-
icopters to block III configuration, including the ra-
tionale for converting only 501 Apache helicopters to
that configuration and the costs associated with a
conversion of all Apache helicopters to the block III
configuration.
(E) A discussion of the procurement of light
armed reconnaissance helicopters, including the ra-
tionale for the requirement for light armed reconnais-
sance helicopters and a discussion of the costs associ-
ated with upgrading the light armed reconnaissance
helicopter to meet Army requirements.
(F) The rationale for the Army’s requirement for
light utility helicopters, together with a summary and
copy of the analysis of the alternative means for meet-
ing such requirement that the Secretary considered in
the determination to procure light utility helicopters,
including, at a minimum, the analysis of the alter-
native of using light armed reconnaissance helicopters
and UH–60 Black Hawk helicopters instead of light
utility helicopters to meet such requirement.
†
HR 4200 EAS
(G) The rationale for the procurement of cargo
fixed-wing aircraft.
(H) The rationale for the initiation of a joint
multi-role helicopter program.
(I) A description of the operational employment
of the Army’s restructured aviation force.
SEC. 112. UP-ARMORED HIGH MOBILITY MULTI-PURPOSE
WHEELED VEHICLES OR WHEELED VEHICLE
BALLISTIC ADD-ON ARMOR PROTECTION.
(a) AMOUNT.—Of the amount authorized to be appro-
priated for the Army for fiscal year 2005 for other procure-
ment under section 101(5), $610,000,000 shall be available
for both of the purposes described in subsection (b) and may
be used for either or both of such purposes.
(b) PURPOSES.—The purposes referred to in subsection
(a) are as follows:
(1) The procurement of up-armored high mobil-
ity multi-purpose wheeled vehicles at a rate up to 450
such vehicles each month.
(2) The procurement of wheeled vehicle ballistic
add-on armor protection.
(c) ALLOCATION BY SECRETARY OF THE ARMY.—(1)
The Secretary of the Army shall allocate the amount avail-
able under subsection (a) between the two purposes set forth
†
HR 4200 EAS
in subsection (b) as the Secretary determines appropriate
to meet the requirements of the Army.
(2) Not later than 15 days before making an allocation
under paragraph (1), the Secretary shall transmit a notifi-
cation of the proposed allocation to the congressional defense
committees.
(d) PROHIBITION ON USE FOR OTHER PURPOSES.—
The amount available under subsection (a) may not be used
for any purpose other than a purpose specified in subsection
(b).
SEC. 113. COMMAND-AND-CONTROL VEHICLES OR FIELD AR-
TILLERY AMMUNITION SUPPORT VEHICLES.
(a) INCREASED
AMOUNT
FOR
PROCUREMENT
OF
WEAPONS AND TRACKED COMBAT VEHICLES.—The amount
authorized to be appropriated under section 101(3) is here-
by increased by $5,000,000.
(b) AMOUNT FOR COMMAND-AND-CONTROL VEHICLES
OR FIELD ARTILLERY AMMUNITION SUPPORT VEHICLES.—
Of the amount authorized to be appropriated under section
101(3), $5,000,000 may be used for the procurement of com-
mand-and-control vehicles or field artillery ammunition
support vehicles.
(c) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $5,000,000,
†
HR 4200 EAS
with the amount of the reduction to be derived from excess
amounts provided for military personnel of the Air Force.
Subtitle C—Navy Programs
SEC. 121. LHA(R) AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) AUTHORIZATION OF SHIP.—The Secretary of the
Navy is authorized to procure the first amphibious assault
ship of the LHA(R) class, subject to the availability of ap-
propriations for that purpose.
(b) AUTHORIZED AMOUNT.—Of the amount authorized
to be appropriated under section 102(a)(3) for fiscal year
2005, $150,000,000 shall be available for the advance pro-
curement and advance construction of components for the
first amphibious assault ship of the LHA(R) class. The Sec-
retary of the Navy may enter into a contract or contracts
with the shipbuilder and other entities for the advance pro-
curement and advance construction of those components.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR THE
LIGHT WEIGHT 155-MILLIMETER HOWITZER
PROGRAM.
(a) AUTHORITY.—Beginning with the fiscal year 2005
program year, the Secretary of the Navy may, in accord-
ance with section 2306b of title 10, United States Code,
enter into a multiyear contract for the procurement of the
light weight 155-millimeter howitzer.
†
HR 4200 EAS
(b) LIMITATION.—The Secretary may not enter into
a multiyear contract for the procurement of light weight
155 millimeter howitzers under subsection (a) until the Sec-
retary determines on the basis of operational testing that
the light weight 155-millimeter howitzer is effective for fleet
use.
SEC. 123. PILOT PROGRAM FOR FLEXIBLE FUNDING OF SUB-
MARINE ENGINEERED REFUELING OVERHAUL
AND CONVERSION.
(a) ESTABLISHMENT.—The Secretary of the Navy may
carry out a pilot program of flexible funding of engineered
refueling overhauls and conversions of submarines in ac-
cordance with this section.
(b) AUTHORITY.—Under the pilot program, the Sec-
retary of the Navy may, subject to subsection (d), transfer
amounts described in subsection (c) to the authorization of
appropriations for the Navy for procurement for ship-
building and conversion for any fiscal year to continue to
provide authorization of appropriations for any engineered
refueling conversion or overhaul of a submarine of the Navy
for which funds were initially provided on the basis of the
authorization of appropriations to which transferred.
(c) AMOUNTS
AVAILABLE
FOR
TRANSFER.—The
amounts available for transfer under this section are
amounts authorized to be appropriated to the Navy for any
†
HR 4200 EAS
fiscal year after fiscal year 2004 and before fiscal year 2013
for the following purposes:
(1) For procurement as follows:
(A) For shipbuilding and conversion.
(B) For weapons procurement.
(C) For other procurement.
(2) For operation and maintenance.
(d) LIMITATIONS.—(1) A transfer may be made with
respect to a submarine under this section only to meet either
(or both) of the following requirements:
(A) An increase in the size of the workload for
engineered refueling overhaul and conversion to meet
existing requirements for the submarine.
(B) A new engineered refueling overhaul and
conversion requirement resulting from a revision of
the original baseline engineered refueling overhaul
and conversion program for the submarine.
(2) A transfer may not be made under this section be-
fore the date that is 30 days after the date on which the
Secretary of the Navy transmits to the congressional defense
committees a written notification of the intended transfer.
The notification shall include the following matters:
(A) The purpose of the transfer.
(B) The amounts to be transferred.
†
HR 4200 EAS
(C) Each account from which the funds are to be
transferred.
(D) Each program, project, or activity from
which the amounts are to be transferred.
(E) Each account to which the amounts are to
be transferred.
(F) A discussion of the implications of the trans-
fer for the total cost of the submarine engineered re-
fueling overhaul and conversion program for which
the transfer is to be made.
(e) MERGER OF FUNDS.—A transfer made from one
account to another with respect to the engineered refueling
overhaul and conversion of a submarine under the authority
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred
by an amount equal to the amount transferred and shall
be available for the engineered refueling overhaul and con-
version of such submarine for the same period as the ac-
count to which transferred.
(f) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The authority to make transfers under this section
is in addition to any other transfer authority provided in
this or any other Act and is not subject to any restriction,
limitation, or procedure that is applicable to the exercise
of any such other authority.
†
HR 4200 EAS
(g) FINAL REPORT.—Not later than October 1, 2011,
the Secretary of the Navy shall submit to the congressional
defense committees a report containing the Secretary’s eval-
uation of the efficacy of the authority provided under this
section.
(h) TERMINATION OF PROGRAM.—No transfer may be
made under this section after September 30, 2012.
Subtitle D—Air Force Programs
SEC. 
131. 
PROHIBITION 
OF 
RETIREMENT 
OF
KC–135E AIRCRAFT.
The Secretary of the Air Force may not retire any KC–
135E aircraft of the Air Force in fiscal year 2005.
SEC. 
132. 
PROHIBITION 
OF 
RETIREMENT 
OF
F–117 AIRCRAFT.
No F–117 aircraft in use by the Air Force during fis-
cal year 2004 may be retired during fiscal year 2005.
SEC. 133. SENIOR SCOUT MISSION BED-DOWN INITIATIVE.
(a) AMOUNT FOR PROGRAM.—The amount authorized
to be appropriated by section 103(1) is hereby increased by
$2,000,000, with the amount of the increase to be available
for a bed-down initiative to enable the C–130 aircraft of
the Idaho Air National Guard to be the permanent carrier
of the SENIOR SCOUT mission shelters of the 169th Intel-
ligence Squadron of the Utah Air National Guard.
†
HR 4200 EAS
(b) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $2,000,000,
with the amount of the reduction to be derived from excess
amounts provided for military personnel of the Air Force.
Subtitle E—Other Matters
SEC. 141. REPORT ON OPTIONS FOR ACQUISITION OF PRE-
CISION-GUIDED MUNITIONS.
(a) REQUIREMENT
FOR REPORT.—Not later than
March 1, 2005, the Secretary of Defense shall submit a re-
port on options for the acquisition of precision-guided mu-
nitions to the congressional defense committees.
(b) CONTENT OF REPORT.—The report shall include
the following matters:
(1) A list of the precision-guided munitions in
the inventory of the Department of Defense.
(2) For each such munition—
(A) the inventory level as of the most recent
date that it is feasible to specify when the report
is prepared;
(B) the inventory objective that is necessary
to execute the current National Military Strategy
prescribed by the Chairman of the Joint Chiefs
of Staff;
(C) the year in which that inventory objec-
tive would be expected to be achieved—
†
HR 4200 EAS
(i) if the munition were procured at
the minimum sustained production rate;
(ii) if the munition were procured at
the most economic production rate; and
(iii) if the munition were procured at
the maximum production rate; and
(D) the procurement cost (in constant fiscal
year 2004 dollars) at each of the production
rates specified in subparagraph (C).
SEC. 142. REPORT ON MATURITY AND EFFECTIVENESS OF
THE 
GLOBAL 
INFORMATION 
GRID 
BAND-
WIDTH EXPANSION (GIG–BE) NETWORK.
(a) REPORT REQUIRED.—Not later that 180 days after
the date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the
House of Representatives a report on a test program to dem-
onstrate the maturity and effectiveness of the Global Infor-
mation Grid-Bandwidth Expansion (GIG–BE) network ar-
chitecture.
(b) CONTENTS OF REPORT.—The report under sub-
section (a) shall—
(1) determine whether the results of the test pro-
gram described in subsection (a) demonstrate compli-
†
HR 4200 EAS
ance of the GIG–BE architecture with the overall
goals of the GIG–BE program;
(2) identify—
(A) the extent to which the GIG–BE archi-
tecture does not meet the overall goals of the pro-
gram; and
(B) the components that are not yet suffi-
ciently developed to achieve the overall goals of
the program;
(3) include a plan and cost estimates for achiev-
ing compliance; and
(4) document the equipment and network con-
figuration used to demonstrate real-world scenarios
within the continental United States.
TITLE II—RESEARCH, DEVELOP-
MENT, 
TEST 
AND 
EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2005 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $9,686,958,000.
(2) For the Navy, $16,679,391,000.
†
HR 4200 EAS
(3) For the Air Force, $21,264,267,000.
(4) For Defense-wide activities, $20,635,937,000,
of which $309,135,000 is authorized for the Director
of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.
(a) AMOUNT FOR PROJECTS.—Of the total amount au-
thorized to be appropriated by section 201, $10,998,850,000
shall be available for science and technology projects.
(b) SCIENCE AND TECHNOLOGY DEFINED.—In this
section, the term ‘‘science and technology project’’ means
work funded in program elements for defense research, de-
velopment, test, and evaluation under Department of De-
fense budget activities 1, 2, or 3.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. DD(X)-CLASS DESTROYER PROGRAM.
(a) AUTHORIZATION OF SHIP.—For the second de-
stroyer in the DD(X)-class destroyer program, the Secretary
of the Navy is authorized to use funds authorized to be ap-
propriated to the Navy under section 201(2).
(b) AMOUNT FOR DETAIL DESIGN.—Of the amount au-
thorized to be appropriated under section 201(2) for fiscal
year 2005, $99,400,000 shall be available for the detail de-
sign of the second destroyer of the DD(X)-class.
†
HR 4200 EAS
SEC. 212. GLOBAL POSITIONING SYSTEM III SATELLITE.
Not more than 80 percent of the amount authorized
to be appropriated by section 201(4) and available for the
purpose of research, development, test, and evaluation on
the Global Positioning System III satellite may be obligated
or expended for that purpose until the Secretary of
Defense—
(1) completes an analysis of alternatives for the
satellite and ground architectures, satellite tech-
nologies, and tactics, techniques, and procedures for
the next generation global positioning system (GPS);
and
(2) submits to the congressional defense commit-
tees a report on the results of the analysis, including
an assessment of the results of the analysis.
SEC. 213. INITIATION OF CONCEPT DEMONSTRATION OF
GLOBAL HAWK HIGH ALTITUDE ENDURANCE
UNMANNED AERIAL VEHICLE.
Section 221(c) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398; 114 Stat. 1654A–40) is
amended by striking ‘‘March 1, 2001’’ and inserting
‘‘March 1, 2005’’.
†
HR 4200 EAS
SEC. 214. JOINT UNMANNED COMBAT AIR SYSTEMS PRO-
GRAM.
(a) EXECUTIVE COMMITTEE.—(1) The Secretary of
Defense shall, subject to subsection (b), establish and require
an executive committee to provide guidance and rec-
ommendations for the management of the Joint Unmanned
Combat Air Systems program to the Director of the Defense
Advanced Research Projects Agency and the personnel who
are managing the program for such agency.
(2) The executive committee established under para-
graph (1) shall be composed of the following members:
(A) The Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics, who shall chair the
executive committee.
(B) The Assistant Secretary of the Navy for Re-
search, Development, and Acquisition.
(C) The Assistant Secretary of the Air Force for
Acquisition.
(D) The Deputy Chief of Naval Operations for
Warfare Requirements and Programs.
(E) The Deputy Chief of Staff of the Air Force
for Air and Space Operations.
(F) Any additional personnel of the Department
of Defense whom the Secretary determines appro-
priate for membership on the executive committee.
†
HR 4200 EAS
(b) APPLICABILITY ONLY TO DARPA-MANAGED PRO-
GRAM.—The requirements of subsection (a) apply with re-
spect to the Joint Unmanned Combat Air Systems program
only while the program is managed by the Defense Ad-
vanced Research Projects Agency.
SEC. 215. JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.
(a) REQUIREMENT FOR STUDY.—The Secretary of De-
fense shall require the Defense Science Board to conduct a
study on the Joint Strike Fighter aircraft program.
(b) MATTERS TO BE STUDIED.—The study shall in-
clude, for each of the three variants of the Joint Strike
Fighter aircraft, the following matters:
(1) The current status.
(2) The extent of the effects of excess aircraft
weight on estimated performance.
(3) The validity of the technical approaches
being considered to achieve the required performance.
(4) The risks of those technical approaches.
(5) A list of any alternative technical approaches
that have the potential to achieve the required per-
formance.
(c) REPORT.—The Secretary shall submit a report on
the results of the study to the congressional defense commit-
tees at the same time that the President submits the budget
†
HR 4200 EAS
for fiscal year 2006 to Congress under section 1105(a) of
title 31, United States Code.
SEC. 216. JOINT EXPERIMENTATION.
(a) DEFENSE-WIDE PROGRAM ELEMENT.—The Sec-
retary of Defense shall plan, program, and budget for all
joint experimentation of the Armed Forces as a separate,
dedicated program element under research, development,
test, and evaluation, Defense-wide activities.
(b) APPLICABILITY TO FISCAL YEARS AFTER FISCAL
YEAR 2005.—This section shall apply with respect to fiscal
years beginning after 2005.
SEC. 217. INFRASTRUCTURE SYSTEM SECURITY ENGINEER-
ING DEVELOPMENT FOR THE NAVY.
(a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOP-
MENT, TEST AND EVALUATION, NAVY.—The amount au-
thorized to be appropriated by section 201(2) for research,
development, test and evaluation, Navy, is hereby increased
by $3,000,000.
(b) AVAILABILITY OF AMOUNT FOR INFRASTRUCTURE
SYSTEM SECURITY ENGINEERING DEVELOPMENT.—Of the
amount authorized to be appropriated by section 201(2) for
research, development, test, and evaluation, Navy, as in-
creased by subsection (a), $3,000,000 may be available for
infrastructure system security engineering development.
†
HR 4200 EAS
(c) OFFSET.—(1) The amount authorized to be appro-
priated by section 101(5) for other procurement, Army, is
hereby reduced by $1,000,000, with the amount of the reduc-
tion to be allocated to Buffalo Landmine Vehicles.
(2) The amount authorized to be appropriated by sec-
tion 102(b) for procurement for the Marine Corps is hereby
reduced by $500,000, with the amount of the reduction to
be allocated to Combat Casualty Care.
(3) The amount authorized to be appropriated by sec-
tion 201(1) for research, development, test, and evaluation,
Army, is hereby reduced by $1,000,000, with the amount
of the reduction to the allocated to Active Coating Tech-
nology.
(4) The amount authorized to be appropriated by sec-
tion 201(4) for research, development, test, and evaluation,
Defense-wide activities, is hereby reduced by $500,000, with
the amount of the reduction to be allocated to Radiation
Hardened Complementary Metal Oxide Semi-Conductors.
SEC. 218. NEUROTOXIN MITIGATION RESEARCH.
(a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOP-
MENT, TEST, AND EVALUATION, DEFENSE-WIDE.—The
amount authorized to be appropriated by section 201(4) for
research, development, test, and evaluation, Defense-wide
activities, is hereby increased by $2,000,000.
†
HR 4200 EAS
(b) AVAILABILITY FOR NEUROTOXIN MITIGATION RE-
SEARCH.—Of the amount authorized to be appropriated by
section 201(4) for research, development, test, and evalua-
tion, Defense-wide activities, as increased by subsection (a),
$2,000,000 may be available in Program Element
PE 62384BP for neurotoxin mitigation research.
(c) OFFSET.—The amount authorized to be appro-
priated by section 301(1) for operation and maintenance
for the Army is hereby reduced by $2,000,000, with the
amount of the reduction to be allocated to Satellite Commu-
nications Language training activity (SCOLA) at the
Army Defense Language Institute.
SEC. 219. SPIRAL DEVELOPMENT OF JOINT THREAT WARN-
ING SYSTEM MARITIME VARIANTS.
(a) AMOUNT FOR PROGRAM.—The amount authorized
to be appropriated by section 201(4) is hereby increased by
$2,000,000, with the amount of the increase to be available
in the program element PE 1160405BB for joint threat
warning system maritime variants.
(b) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $2,000,000,
with the amount of the reduction to be derived from excess
amounts provided for military personnel of the Air Force.
†
HR 4200 EAS
SEC. 220. ADVANCED FERRITE ANTENNA.
(a) AMOUNT FOR DEVELOPMENT AND TESTING.—Of
the amount authorized to be appropriated under section
201(2), $3,000,000 may be available for development and
testing of the Advanced Ferrite Antenna.
(b) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $3,000,000,
with the amount of the reduction to be derived from excess
amounts provided for military personnel of the Air Force.
SEC. 221. PROTOTYPE LITTORAL ARRAY SYSTEM FOR OPER-
ATING SUBMARINES.
(a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOP-
MENT, TEST, AND EVALUATION, NAVY.—The amount au-
thorized to be appropriated by section 201(2) for research,
development, test, and evaluation for the Navy is hereby
increased by $5,000,000.
(b) AVAILABILITY OF AMOUNT.—Of the amount au-
thorized to be appropriated by section 201(2) for research,
development, test, and evaluation for the Navy, as increased
by subsection (a), $5,000,000 may be available for Program
Element PE 0604503N for the design, development, and
testing of a prototype littoral array system for operating
submarines.
(c) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $5,000,000,
†
HR 4200 EAS
with the amount of the reduction to be derived from excess
amounts provided for military personnel of the Air Force.
SEC. 222. ADVANCED MANUFACTURING TECHNOLOGIES
AND RADIATION CASUALTY RESEARCH.
(a) ADDITIONAL AMOUNT FOR ADVANCED MANUFAC-
TURING STRATEGIES.—Of the amount authorized to be ap-
propriated by section 201(4) for research, development, test,
and evaluation, Defense-wide activities, the amount avail-
able 
for 
Advanced 
Manufacturing 
Technologies
(PE 0708011S) is hereby increased by $2,000,000.
(b) AMOUNT FOR RADIATION CASUALTY RESEARCH.—
Of the amount authorized to be appropriated by section
201(4) for research, development, test, and evaluation, De-
fense-wide activities, $3,000,000 may be available for Radi-
ation Casualty Research (PE 0603002D8Z).
(c) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $5,000,000,
with the amount of the reduction to be derived from excess
amounts provided for military personnel of the Air Force.
Subtitle C—Ballistic Missile
Defense
SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA-
BILITIES.
Funds authorized to be appropriated under section
201(4) for the Missile Defense Agency may be used for the
†
HR 4200 EAS
development and fielding of an initial set of ballistic missile
defense capabilities.
SEC. 232. PATRIOT ADVANCE CAPABILITY-3 AND MEDIUM
EXTENDED AIR DEFENSE SYSTEM.
(a) OVERSIGHT.—In the management of the combined
program for the acquisition of the Patriot Advanced Capa-
bility-3 missile system and the Medium Extended Air De-
fense System, the Secretary of Defense shall require the Sec-
retary of the Army to obtain the approval of the Director
of the Missile Defense Agency before the Secretary of the
Army—
(1) either—
(A) changes any system level technical spec-
ifications that are in effect under the program as
of the date of the enactment of this Act; or
(B) establishes any new system level tech-
nical specifications after such date;
(2) makes any significant change in a procure-
ment quantity (including any quantity in any future
block procurement) that, as of such date, is planned
for—
(A) the Patriot Advanced Capabilities-3
missile system; or
(B) PAC–3 configuration-3 radars, launch-
ers, or fire control units; or
†
HR 4200 EAS
(3) changes the baseline development schedule
that is in effect for the program as of the date of the
enactment of this Act.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘system level technical specifica-
tions’’, with respect to a system to which this section
applies, means technical specifications expressed in
terms of technical performance, including test speci-
fications, that affect the ability of the system to con-
tribute to the capability of the ballistic missile defense
system of the United States, as determined by the Di-
rector of the Missile Defense Agency.
(2) The term ‘‘significant change’’, with respect
to a planned procurement quantity, means any
change of such quantity that would result in a sig-
nificant change in the contribution that, as of the
date of the enactment of this Act, is planned for the
Patriot Advanced Capability-3 system to make to the
ballistic missile defense system of the United States.
(3) The term ‘‘baseline development schedule’’
means the schedule on which technology upgrades for
the combined acquisition program referred to in sub-
section (a) are planned for development.
(4) The terms ‘‘Patriot Advanced Capability-3’’
and ‘‘PAC–3 configuration-3’’—
†
HR 4200 EAS
(A) mean the air and missile defense system
that, as of June 1, 2004, is referred to by either
such name in the management of the combined
acquisition program referred to in subsection (a);
and
(B) include such system as it is improved
with new air and missile defense technologies.
SEC. 233. COMPTROLLER GENERAL ASSESSMENTS OF BAL-
LISTIC MISSILE DEFENSE PROGRAMS.
(a) ANNUAL ASSESSMENTS.—At the conclusion of each
of 2004 through 2009, the Comptroller General of the
United States shall conduct an assessment of the extent to
which each ballistic missile defense program met the cost,
scheduling, testing, and performance goals for such program
for such year as established pursuant to section 232(c) of
the National Defense Authorization Act for Fiscal Year
2002 (10 U.S.C. 2431 note).
(b) REPORTS ON ANNUAL ASSESSMENTS.—Not later
than February 15 of each of 2005 through 2010, the Comp-
troller General shall submit to the congressional defense
committees a report on the assessment conducted by the
Comptroller General under subsection (a) for the previous
year.
†
HR 4200 EAS
SEC. 234. BASELINES AND OPERATIONAL TEST AND EVAL-
UATION FOR BALLISTIC MISSILE DEFENSE
SYSTEM.
(a) TESTING CRITERIA.—Not later than February 1,
2005, the Secretary of Defense, in consultation with the Di-
rector of Operational Test and Evaluation, shall prescribe
appropriate criteria for operationally realistic testing of
fieldable prototypes developed under the ballistic missile de-
fense spiral development program. The Secretary shall sub-
mit a copy of the prescribed criteria to the congressional
defense committees.
(b) USE OF CRITERIA.—(1) The Secretary of Defense
shall ensure that, not later than October 1, 2005, a test of
the ballistic missile defense system is conducted consistent
with the criteria prescribed under subsection (a).
(2) The Secretary of Defense shall ensure that each
block configuration of the ballistic missile defense system
is tested consistent with the criteria prescribed under sub-
section (a).
(c) RELATIONSHIP TO OTHER LAW.—Nothing in this
section shall be construed to exempt any spiral development
program of the Department of Defense, after completion of
the spiral development, from the applicability of any provi-
sion of chapter 144 of title 10, United States Code, or sec-
tion 139, 181, 2366, 2399, or 2400 of such title in accord-
ance with the terms and conditions of such provision.
†
HR 4200 EAS
(d) EVALUATION.—(1) The Director of Operational
Test and Evaluation shall evaluate the results of each test
conducted under subsection (a) as soon as practicable after
the completion of such test.
(2) The Director shall submit to the Secretary of De-
fense and the congressional defense committees a report on
the evaluation of each test conducted under subsection (a)
upon completion of the evaluation of such test under para-
graph (1).
(e) COST, SCHEDULE, AND PERFORMANCE BASE-
LINES.—(1) The Director of the Missile Defense Agency
shall establish cost, schedule, and performance baselines for
each block configuration of the Ballistic Missile Defense
System being fielded. The cost baseline for a block configu-
ration shall include full life cycle costs for the block configu-
ration.
(2) The Director shall include the baselines established
under paragraph (1) in the first Selected Acquisition Re-
port for the Ballistic Missile Defense System that is sub-
mitted to Congress under section 2432 of title 10, United
States Code, after the establishment of such baselines.
(3) The Director shall also include in the Selected Ac-
quisition Report submitted to Congress under paragraph
(2) the significant assumptions used in determining the
performance baseline under paragraph (1), including any
†
HR 4200 EAS
assumptions regarding threat missile countermeasures and
decoys.
(f) VARIATIONS AGAINST BASELINES.—In the event the
cost, schedule, or performance of any block configuration
of the Ballistic Missile Defense System varies significantly
(as determined by the Director of the Ballistic Missile De-
fense Agency) from the applicable baseline established under
subsection (d), the Director shall include such variation,
and the reasons for such variation, in the Selected Acquisi-
tion Report submitted to Congress under section 2432 of
title 10, United States Code.
(g) MODIFICATIONS OF BASELINES.—In the event the
Director of the Missile Defense Agency elects to undertake
any modification of a baseline established under subsection
(d), the Director shall submit to the congressional defense
committees a report setting forth the reasons for such modi-
fication.
Subtitle D—Other Matters
SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY
INSERTION.
(a) REPORT REQUIRED.—(1) For each of fiscal years
2006, 2007, 2008, and 2009, the Secretary of Defense shall
submit to the congressional defense committees a report on
the submarine technologies that are available or potentially
available for insertion in submarines of the Navy to reduce
†
HR 4200 EAS
the production and operating costs of the submarines while
maintaining or improving the effectiveness of the sub-
marines.
(2) The annual report for a fiscal year under para-
graph (1) shall be submitted at the same time that the
President submits to Congress the budget for that fiscal year
under section 1105(a) of title 31, United States Code.
(b) CONTENT.—The report on submarine technologies
under subsection (a) shall include, for each class of sub-
marines of the Navy, the following matters:
(1) A list of the technologies that have been dem-
onstrated, together with—
(A) a plan for the insertion of any such
technologies that have been determined appro-
priate for such submarines; and
(B) the estimated cost of such technology in-
sertions.
(2) A list of the technologies that have not been
demonstrated, together with a plan for the demonstra-
tion of any such technologies that have the potential
for being appropriate for such submarines.
†
HR 4200 EAS
SEC. 242. SENSE OF THE SENATE REGARDING FUNDING OF
THE ADVANCED SHIPBUILDING ENTERPRISE
UNDER THE NATIONAL SHIPBUILDING RE-
SEARCH PROGRAM OF THE NAVY.
(a) FINDINGS.—Congress makes the following findings:
(1) The budget for fiscal year 2005, as submitted
to Congress by the President, provides $10,300,000 for
the Advanced Shipbuilding Enterprise under the Na-
tional Shipbuilding Research Program of the Navy.
(2) The Advanced Shipbuilding Enterprise is an
innovative program to encourage greater efficiency in
the national technology and industrial base.
(3) The leaders of the United States shipbuilding
industry have embraced the Advanced Shipbuilding
Enterprise as a method for exploring and collabo-
rating on innovation in shipbuilding and ship repair
that collectively benefits all components of the indus-
try.
(b) SENSE OF THE SENATE.—It is the sense of the
Senate—
(1) that the Senate—
(A) strongly supports the innovative Ad-
vanced Shipbuilding Enterprise under the Na-
tional Shipbuilding Research Program as an en-
terprise between the Navy and industry that has
yielded new processes and techniques that reduce
†
HR 4200 EAS
the cost of building and repairing ships in the
United States; and
(B) is concerned that the future-years de-
fense program of the Department of Defense that
was submitted to Congress for fiscal year 2005
does not reflect any funding for the Advanced
Shipbuilding Enterprise after fiscal year 2005;
and
(2) that the Secretary of Defense should continue
to provide in the future-years defense program for
funding the Advanced Shipbuilding Enterprise at a
sustaining level in order to support additional re-
search to further reduce the cost of designing, build-
ing, and repairing ships.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fis-
cal year 2005 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, in amounts as follows:
(1) For the Army, $26,305,611,000.
†
HR 4200 EAS
(2) For the Navy, $29,702,790,000.
(3) For the Marine Corps, $3,682,727,000.
(4) For the Air Force, $27,423,560,000.
(5) For Defense-wide activities, $17,453,576,000.
(6) For the Army Reserve, $1,925,728,000.
(7) For the Naval Reserve, $1,240,038,000.
(8) For the Marine Corps Reserve, $197,496,000.
(9) For the Air Force Reserve, $2,154,790,000.
(10) 
For 
the 
Army 
National 
Guard,
$4,227,236,000.
(11) 
For 
the 
Air 
National 
Guard,
$4,366,738,000.
(12) For the United States Court of Appeals for
the Armed Forces, $10,825,000.
(13) For Environmental Restoration, Army,
$405,598,000.
(14) For Environmental Restoration, Navy,
$266,820,000.
(15) For Environmental Restoration, Air Force,
$397,368,000.
(16) For Environmental Restoration, Defense-
wide, $23,684,000.
(17) For Environmental Restoration, Formerly
Used Defense Sites, $256,516,000.
†
HR 4200 EAS
(18) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $59,000,000.
(19) For Cooperative Threat Reduction pro-
grams, $409,200,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fis-
cal year 2005 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Working Capital Funds,
$1,625,686,000.
(2) For the National Defense Sealift Fund,
$1,269,252,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) DEFENSE HEALTH PROGRAM.—Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2005 for expenses, not otherwise provided for,
for the Defense Health Program, $17,992,211,000, of
which—
(1) $17,555,169,000 is for Operation and Main-
tenance;
(2) $72,407,000 is for Research, Development,
Test and Evaluation; and
(3) $364,635,000 is for Procurement.
†
HR 4200 EAS
(b) CHEMICAL AGENTS AND MUNITIONS DESTRUC-
TION, DEFENSE.—(1) Funds are hereby authorized to be ap-
propriated for the Department of Defense for fiscal year
2005 for expenses, not otherwise provided for, for Chemical
Agents 
and 
Munitions 
Destruction, 
Defense,
$1,518,990,000, of which—
(A) $1,138,801,000 is for Operation and Mainte-
nance;
(B) $301,209,000 is for Research, Development,
Test and Evaluation; and
(C) $78,980,000 is for Procurement.
(2) Amounts authorized to be appropriated under
paragraph (1) are authorized for—
(A) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the De-
partment of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(B) the destruction of chemical warfare materiel
of the United States that is not covered by section
1412 of such Act.
(c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-
TIES, DEFENSE-WIDE.—Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year
2005 for expenses, not otherwise provided for, for Drug
†
HR 4200 EAS
Interdiction and Counter-Drug Activities, Defense-Wide,
$852,697,000.
(d) DEFENSE INSPECTOR GENERAL.—Funds are here-
by authorized to be appropriated for the Department of De-
fense for fiscal year 2005 for expenses, not otherwise pro-
vided for, for the Office of the Inspector General of the De-
partment of Defense, $164,562,000, of which—
(1) $162,362,000 is for Operation and Mainte-
nance;
(2) $100,000 is for Research, Development, Test,
and Evaluation; and
(3) $2,100,000 is for Procurement.
SEC. 304. AMOUNT FOR ONE SOURCE MILITARY COUN-
SELING AND REFERRAL HOTLINE.
(a) AUTHORIZATION
OF APPROPRIATION
OF ADDI-
TIONAL AMOUNT.—The amount authorized to be appro-
priated under section 301(5) is hereby increased by
$5,000,000, which shall be available (in addition to other
amounts available under this Act for the same purpose)
only for the Department of Defense One Source counseling
and referral hotline.
(b) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $5,000,000,
with the amount of the reduction to be derived from excess
amounts provided for military personnel of the Air Force.
†
HR 4200 EAS
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 311. COMMANDER’S EMERGENCY RESPONSE PRO-
GRAM.
(a) FUNDING.—Of the amounts authorized to be ap-
propriated for fiscal year 2005 by section 301(5) for oper-
ation and maintenance for Defense-wide activities, not
more than $300,000,000 may be made available in fiscal
year 2005 for the following:
(1) The Commander’s Emergency Response Pro-
gram, which was established by the Administrator of
the Coalition Provisional Authority for the purpose of
enabling United States military commanders in Iraq
to respond to urgent humanitarian relief and recon-
struction needs within their areas of responsibility by
carrying out programs to provide immediate assist-
ance to the people of Iraq.
(2) A similar program to enable United States
military commanders in Afghanistan to respond in
such manner to similar needs in Afghanistan.
(b) QUARTERLY REPORTS REQUIRED.—The Secretary
of Defense shall submit to the congressional defense commit-
tees on a quarterly basis reports on the use of amounts made
available under subsection (a).
†
HR 4200 EAS
SEC. 312. LIMITATION ON TRANSFERS OUT OF WORKING
CAPITAL FUNDS.
Section 2208 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(r) LIMITATION
ON
TRANSFERS.—(1) Notwith-
standing any authority for transfer of funds provided in
this section, no transfer may be made out of a working cap-
ital fund or between or among working capital funds under
such authority unless the Secretary of Defense has sub-
mitted a notification of the proposed transfer to the congres-
sional defense committees in accordance with customary
procedures.
‘‘(2) The amount of a transfer covered by a notification
under paragraph (1) that is proposed to be made in a fiscal
year does not count for the purpose of any limitation on
the total amount of transfers that may be made for that
fiscal year under authority provided to the Secretary of De-
fense in a law authorizing appropriations for a fiscal year
for military activities of the Department of Defense or a
law making appropriations for the Department of De-
fense.’’.
SEC. 313. FAMILY READINESS PROGRAM OF THE NATIONAL
GUARD.
(a) AMOUNT FOR PROGRAM.—The amount authorized
to be appropriated by section 301(1) for operation and
maintenance for the Army is hereby increased by
†
HR 4200 EAS
$10,000,000 for the Family Readiness Program of the Na-
tional Guard.
(b) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $10,000,000,
with the amount of the reduction to be derived from excess
amounts provided for military personnel of the Air Force.
Subtitle C—Environmental
Provisions
SEC. 321. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS
IN CONNECTION WITH DEFENSE ENVIRON-
MENTAL RESTORATION PROGRAM.
(a) PAYMENT FOR ACTIVITIES AT FORMER DEFENSE
PROPERTY SUBJECT TO COVENANT FOR ADDITIONAL RE-
MEDIAL ACTION.—Section 2701(d) of title 10, United States
Code, is amended—
(1) in paragraph (1), by striking ‘‘paragraph
(3)’’ and inserting ‘‘paragraph (4)’’;
(2) by redesignating paragraphs (2), (3), and
(4), as paragraphs (3), (4), and (5), respectively; and
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
‘‘(2) ACTIVITIES AT CERTAIN FORMER DEFENSE
PROPERTY.—In addition to agreements under para-
graph (1), the Secretary may also enter into agree-
ments with owners of property subject to a covenant
†
HR 4200 EAS
provided by the United States under section
120(h)(3)(A)(ii) 
of 
CERCLA 
(42 
U.S.C.
9620(h)(3)(A)(ii)) to reimburse the owners of such
property for activities under this section with respect
to such property by reason of the covenant.’’.
(b) SOURCE OF FUNDS FOR FORMER BRAC PROPERTY
SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL AC-
TION.—Section 2703 of such title is amended—
(1) in subsection (g)(1), by striking ‘‘The sole
source’’ and inserting ‘‘Except as provided in sub-
section (h), the sole source’’; and
(2) by adding at the end the following new sub-
section:
‘‘(h) SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL
REMEDIATION AT CERTAIN BASE REALIGNMENT AND CLO-
SURE SITES.—In the case of property disposed of pursuant
to a base closure law and subject to a covenant described
in section 2701(d)(2) of this title, the sole source of funds
for activities under such section shall be the base closure
account established under the applicable base closure law.’’.
†
HR 4200 EAS
SEC. 322. REIMBURSEMENT OF ENVIRONMENTAL PROTEC-
TION AGENCY FOR CERTAIN COSTS IN CON-
NECTION 
WITH 
MOSES 
LAKE 
WELLFIELD
SUPERFUND 
SITE, 
MOSES 
LAKE, 
WASH-
INGTON.
(a) AUTHORITY TO REIMBURSE.—(1) Using funds de-
scribed in subsection (b), the Secretary of Defense may
transfer not more than $524,926.54 to the Moses Lake
Wellfield Superfund Site 10–6J Special Account.
(2) The payment under paragraph (1) is to reimburse
the Environmental Protection Agency for its costs, includ-
ing interest, incurred in overseeing a remedial investiga-
tion/feasibility study performed by the Department of the
Army under the Defense Environmental Restoration Pro-
gram at the former Larson Air Force Base, Moses Lake
Superfund Site, Moses Lake, Washington.
(3) The reimbursement described in paragraph (2) is
provided for in the interagency agreement entered into by
the Department of the Army and the Environmental Protec-
tion Agency for the Moses Lake Wellfield Superfund Site
in March 1999.
(b) SOURCE OF FUNDS.—Any payment under sub-
section (a) shall be made using funds authorized to be ap-
propriated by section 301(17) for operation and mainte-
nance for Environmental Restoration, Formerly Used De-
fense Sites.
†
HR 4200 EAS
(c) USE OF FUNDS.—The Environmental Protection
Agency shall use the amount transferred under subsection
(a) to pay costs incurred by the Agency at the Moses Lake
Wellfield Superfund Site.
SEC. 323. SATISFACTION OF CERTAIN AUDIT REQUIRE-
MENTS BY THE INSPECTOR GENERAL OF THE
DEPARTMENT OF DEFENSE.
(a) SATISFACTION OF REQUIREMENTS.—The Inspector
General of the Department of Defense shall be deemed to
be in compliance with the requirements of subsection (k)
of section 111 of Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9611)
if the Inspector General conducts periodic audits of the pay-
ments, obligations, reimbursements and other uses of the
Fund described in that section, even if such audits do not
occur on an annual basis.
(b) REPORTS TO CONGRESS ON AUDITS.—The Inspec-
tor General shall submit to Congress a report on each audit
conducted by the Inspector General as described in sub-
section (a).
†
HR 4200 EAS
SEC. 324. COMPTROLLER GENERAL STUDY AND REPORT ON
DRINKING WATER CONTAMINATION AND RE-
LATED HEALTH EFFECTS AT CAMP LEJEUNE,
NORTH CAROLINA.
(a) STUDY.—The Comptroller General of the United
States shall conduct a study on drinking water contamina-
tion and related health effects at Camp Lejeune, North
Carolina. The study shall consist of the following:
(1) A study of the history of drinking water con-
tamination at Camp Lejeune to determine, to the ex-
tent practical—
(A) what contamination has been found in
the drinking water;
(B) the source of such contamination and
when it may have begun;
(C) when Marine Corps officials first be-
came aware of such contamination;
(D) what actions have been taken to address
such contamination;
(E) the appropriateness of such actions in
light of the state of knowledge regarding con-
tamination of that type, and applicable legal re-
quirements regarding such contamination, as of
the time of such actions; and
(F) any other matters that the Comptroller
General considers appropriate.