datamatters24/research-document-archive huggingface dataset:
and inserting ‘‘$2,684,070 for the period of October 1,
2003, through June 30, 2004’’.
SEC. 9. FEDERAL MOTOR CARRIER SAFETY ADMINISTRA-
TION PROGRAM.
(a) ADMINISTRATIVE EXPENSES.—Section 7(a)(1) of
the Surface Transportation Extension Act of 2003 (117
Stat. 1120; 118 Stat. 490) is amended by striking
‘‘$102,467,000 for the period October 1, 2003 through
April 30, 2004’’, and inserting ‘‘$131,811,967 for the pe-
riod October 1, 2003, through June 30, 2004’’.
(b) MOTOR CARRIER SAFETY ASSISTANCE PRO-
GRAM.—Section 31104(a)(7) of title 49, United States
Code, is amended to read as follows:
‘‘(7) Not more than $126,519,126 for the pe-
riod of October 1, 2003, through June 30, 2004.’’.
(c) INFORMATION SYSTEMS AND COMMERCIAL DRIV-
ER’S LICENSE GRANTS.—
(1) AUTHORIZATION OF APPROPRIATION.—Sec-
tion 31107(a)(5) of such title is amended to read as
follows:
‘‘(5) $14,972,678 for the period of October 1,
2003, through June 30, 2004.’’.
(2) EMERGENCY CDL GRANTS.—Section 7(c)(2)
of the Surface Transportation Extension Act of
2003 (117 Stat. 1121) is amended—
103
(1) by striking ‘‘for a period of four years’’ in
the first sentence; and
(2) by striking the second and third sentences
and inserting the following: ‘‘The Chief of Staff
serves at the pleasure of the President for a period
of four years. The President may extend the service
of an officer as Chief of Staff for an additional pe-
riod of not to exceed two years. In time of war or
during a national emergency declared by Congress,
the President may extend the service of an officer as
Chief of Staff for such additional periods as the
President determines necessary, except that the total
period of an officer’s service as Chief of Staff may
not exceed eight years.’’.
SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS
AND ASSISTANT CHIEFS OF NAVAL OPER-
ATIONS BE SELECTED FROM OFFICERS IN
THE LINE OF THE NAVY.
(a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Sec-
tion 5036(a) of title 10, United States Code, is amended
by striking ‘‘in the line’’.
(b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—
Section 5037(a) of such title is amended by striking ‘‘in
the line’’.
355
officer or employee in a position at a level lower than the
position of the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics.–
‘‘(f) REGULATIONS.—The Secretary shall prescribe
regulations to implement this section in the Department
of Defense supplement to the Federal Acquisition Regula-
tion.
‘‘(g) EFFECTIVE DATE.—This section and the regu-
lations prescribed under this section shall apply to con-
tracts and subcontracts entered into on and after the date
occurring one year after the date of the enactment of this
Act.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘foreign firm’ means a business
entity that performs substantially all of its manufac-
turing, production, and research and development
activities outside of the United States.
‘‘(2) The term ‘United States firm’ means a
business entity that performs substantially all of its
manufacturing, production, and research and devel-
opment activities in the United States.
‘‘(3) The term ‘foreign defense trade partner’
means a foreign country with respect to which there
is—
(1) in subsection (a)(1)—
(A) in subparagraph (A), by striking ‘‘ac-
tive-duty personnel who’’ and inserting ‘‘active-
duty personnel (other than members of a Re-
serve component described in subsection (b)(2)) 
who’’; and 
(B) in subparagraph (B), by inserting be-
fore the period at the end the following: ‘‘in 
connection with organizing, administering, re-
cruiting, instructing, or training the reserve 
components of the armed forces to perform du-
ties as prescribed in section 12310 of this 
title’’; 
(2) by striking subsection (h); 
(3) by redesignating subsections (b), (c), (d), 
(e), (f), and (g) as subsections (c), (d), (e), (f), (g), 
and (h), respectively; 
(4) by inserting after subsection (a) the fol-
lowing new subsection (b): 
‘‘(b) CERTAIN RESERVES ON ACTIVE DUTY TO BE 
AUTHORIZED BY LAW.—Except as authorized under sub-
section (a)(1), Congress shall authorize the maximum av-
erage strength for members of a Reserve component on 
active duty (other than for training) or full time National
(A) Each manned ground system or war-fighter
survivability system that may be required to deploy
in an asymmetrical threat environment.
(B) Each manned airborne system that may be
required to deploy in an asymmetrical threat envi-
ronment.
(2) For each system covered by paragraph (1), the
Secretary concerned shall establish the key performance
parameters for survivability and suitability against asym-
metric threats.
(3) The assessments under paragraph (1) shall be
completed not later than July 1, 2005.
(4) The Secretary of each military department shall
review annually the assessments under paragraph (1) con-
ducted by that Secretary to ensure that the assessments
remains relevant to the asymmetric threat environment.
(b) REQUIREMENT FOR FORCE PROTECTION.—(1)
The Secretary of Defense shall require the Secretary of
each military department, for each system covered by sub-
section (a)(1) under that Secretary’s jurisdiction, either
to—
(A) take each of the force protection or surviv-
ability steps specified in paragraph (2); or
(B) restrict the system from deployment to an
asymmetrical threat environment.
SEC. 2. ADVANCES. 
(a) IN GENERAL.—Section 2(a) of the Surface 
Transportation Extension Act of 2003 (23 U.S.C. 104 
note; 117 Stat. 1110; 118 Stat. 478) is amended by strik-
ing ‘‘and the Surface Transportation Extension Act of 
2004’’ and inserting ‘‘, the Surface Transportation Exten-
sion Act of 2004, and the Surface Transportation Exten-
sion Act of 2004, Part II’’. 
(b) PROGRAMMATIC DISTRIBUTIONS.—
(1) SPECIAL
RULES
FOR
MINIMUM
GUAR-
ANTEE.—Section 2(b)(4) of such Act is amended by 
striking 
‘‘$1,633,333,333’’ 
and 
inserting 
‘‘$2,100,000,000’’. 
(2) EXTENSION OF OFF-SYSTEM BRIDGE SET-
ASIDE.—Section 144(g)(3) of title 23, United States 
Code, is amended by striking ‘‘April 30’’ inserting 
‘‘June 30’’. 
(c) AUTHORIZATION OF CONTRACT AUTHORITY.—
Section 1101(c)(1) of the Transportation Equity Act for 
the 21st Century (117 Stat. 1111; 118 Stat. 478) is 
amended by striking ‘‘$18,876,841,666 for the period of 
October 1, 2003, through April 30, 2004’’ and inserting 
‘‘$24,270,225,000 for the period of October 1, 2003, 
through June 30, 2004’’.
(2) The force protection or survivability steps for a
system covered by subsection (a)(1) are the following:
(A) Development of force protection or surviv-
ability enhancements for the system that meet the
key performance parameters established for that sys-
tem under subsection (a)(2).
(B) Budgeting for in-service modification pro-
grams for the system to provide force protection and
survivability enhancements developed under subpara-
graph (A).
(C) Development of tactics, techniques, and
procedures for the system to maximize force protec-
tion and survivability.
(c) WAIVER.—The Secretary of Defense may waive
the applicability of subsection (b) to a system covered by
subsection (a)(1) if the Secretary determines that, but for
such a waiver, the Department would be unable to meet
national security objectives. Whenever the Secretary
makes such a determination and authorizes such a waiver,
the Secretary shall submit notice of such waiver and of
the Secretary’s determination and the reasons therefor in
writing to the congressional defense committees.
(d) REQUIREMENT FOR NEW DEVELOPMENT MILI-
TARY ACQUISITION PROGRAMS.—The Secretary of De-
fense shall require the Secretary of each military depart-
†
768
HR 4200 EAS
land Security $300,000 for fiscal year 2005 to carry out
the requirements of section 4011(a).
Attest:
Secretary.
HR 4279 PCS 
such contract in connection with such covered 
individual; 
‘‘(B) which is guaranteed renewable; and 
‘‘(C) which allows for payment of pre-
miums by any third party on behalf of the in-
sured plan. 
‘‘(h) INDEMNIFICATION INSURANCE.—For purposes 
of this section, the term ‘indemnification insurance’ 
means, in connection with an association health plan, a 
contract— 
‘‘(1) under which an insurer (meeting such min-
imum standards as the applicable authority may pre-
scribe by regulation) provides for payment to the 
plan with respect to claims under the plan which the 
plan is unable to satisfy by reason of a termination 
pursuant to section 809(b) (relating to mandatory 
termination); 
‘‘(2) which is guaranteed renewable and 
noncancellable for any reason (except as the applica-
ble authority may prescribe by regulation); and 
‘‘(3) which allows for payment of premiums by 
any third party on behalf of the insured plan. 
‘‘(i) RESERVES.—For purposes of this section, the 
term ‘reserves’ means, in connection with an association 
health plan, plan assets which meet the fiduciary stand-
131
‘‘(A) the actuarial present value of all future 
benefits which are payable from the Fund under this 
subchapter to current or former employees of the 
United States Postal Service, or their survivors, and 
attributable to civilian employment with the Postal 
Service, and 
‘‘(B) the sum of—
‘‘(i) the actuarial present value of deduc-
tions to be withheld from the future basic pay 
of employees of the Postal Service currently 
subject to this subchapter pursuant to section 
8334; 
‘‘(ii) that portion of the Fund balance, as 
of the date the Postal surplus or supplemental 
liability is determined, attributable to payments 
to the Fund by the Postal Service and its em-
ployees, plus the earnings on such amounts 
while in the Fund; and 
‘‘(iii) any other appropriate amount, as de-
termined by the Office in accordance with gen-
erally accepted actuarial practices and prin-
ciples. 
‘‘(2)(A)(i) Not later than June 15, 2006, the Office 
shall determine the Postal surplus or supplemental liabil-
ity as of September 30, 2005.
‘‘(6) A list of the joint task force headquarters 
in which service was approved for crediting as a 
joint duty assignment for the year covered by the re-
port. 
‘‘(7) A comparison of the promotion rates for 
officers serving in or who have served in joint duty 
assignments and were considered for promotion 
within the promotion zone, with the promotion rates 
for other officers in the same grade and the same 
competitive category who are serving in the armed 
force concerned and were considered for promotion 
within the promotion zone. 
‘‘(8) If any of the comparisons in paragraph (7) 
indicate that the promotion rates for officers fail to 
meet the objective set forth in section 662(a) of this 
title, information on the failure and on what action 
the Secretary has taken or plans to take to prevent 
further failures. 
‘‘(9) Any other information relating to joint of-
ficer management that the Secretary of Defense con-
siders significant.’’. 
SEC. 552. REVISED DEFINITIONS APPLICABLE TO JOINT 
DUTY. 
Section 668 of title 10, United States Code, is 
amended—
228
Navy: Outside the United States 
Country 
Installation or location 
Amount 
Bahamas ......................
Naval Undersea Warfare Center, 
Andros Islands.
20,750,000
Diego Garcia ...............
Naval Support Facility, Diego 
Garcia.
17,500,000
Guam ...........................
Naval Station, Guam ...................
12,500,000
Guam ...........................
Naval 
Public 
Works 
Center, 
Guam.
20,700,000
Italy .............................
Sigonella .......................................
22,550,000
Spain ...........................
Naval Station, Rota .....................
32,700,000
Total .....................................
126,700,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(3), the Secretary of the Navy may 
acquire real property and carry out military construction 
projects for the installations or locations and in the 
amount, set forth in the following table:
Navy: Unspecified Worldwide 
Location 
Installation or location 
Amount 
Worldwide Unspecified 
Unspecified Worldwide .................
158,640,000
Total .....................................
158,640,000
SEC. 2202. FAMILY HOUSING. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2204(a)(6)(A), the 
Secretary of the Navy may construct or acquire family 
housing units (including land acquisition and supporting 
facilities) at the installations or locations, for the purposes 
and in the amounts, set forth in the following table:
131
the person shall be subject to the repayment provisions 
of section 327 of title 37.’’. 
(kk) FINANCIAL ASSISTANCE PROGRAM FOR SPE-
CIALLY SELECTED MEMBERS.—Section 2107 of such title 
is amended by adding at the end the following new sub-
section: 
‘‘(j) REPAYMENT.—A person after signing a written 
agreement who thereafter is not commissioned as an offi-
cer or does not complete the period of service as specified 
in subsection (b), (f) or (h)(2), shall be subject to the re-
payment provisions of section 327 of title 37.’’. 
(ll) HEALTH PROFESSIONS SCHOLARSHIP AND FI-
NANCIAL ASSISTANCE PROGRAM FOR ACTIVE SERVICE.—
Subparagraph (C) of section 2123(e)(1) of such title is 
amended to read as follows: 
‘‘(C) If such person does not complete the period of 
active duty obligation specified under subsection (a), such 
person shall be subject to the repayment provisions of sec-
tion 327 of title 37.’’. 
(mm) FINANCIAL
ASSISTANCE: NURSE
OFFICER 
CANDIDATES.—Subsection (d) of section 2130a of such 
title is amended to read as follows: 
‘‘(d) REPAYMENT.—A person who does not complete 
a nursing degree program in which the person is enrolled 
in accordance with the agreement entered into under sub-
138
(A) the amendments made by this section do 
not apply to any bonus, incentive, special pay or 
similar payment (such as education assistance or sti-
pend), which the United States became obligated to 
pay before April 1, 2005; and 
(B) the following provisions in effect on March 
30, 2005, shall continue to apply, in accordance with 
the provisions thereof, with respect to any bonus, in-
centive, special pay, or an educational benefit or sti-
pend, which the United States became obligated to 
pay before April 1, 2005: 
(i) sections 301b(g), 301d(c), 301e(d), 
302(f), 302a(b)(4), 302b, 302d(d), 302e, 302f, 
302g, 302h, 302j, 308(d), 308b(d), 308c(d), 
308e(d), 308g(d), 308h(c), 308i(d), 309(b), 
312(b), 312b(a)(2), 314(d), 318(h), 319(h), 
321(f), 322(f), 323(g), 324(f), 325(g), and 
326(e) of title 37, United States Code; 
(ii) sections 510, 1744(d)(3); 2005(a)(3), 
(c), (d), (f), and (g); 2007; 2105; 2107; 
2123(e)(1)(C); 2130a(d); 2173(g); 2200a(e)(3); 
4348; 6959; 9348; 16135; 16203(a)(1)(B); and 
16401(f)(1) of title 10, United States Code; 
and
(11) Section 1206 of such title is amended—
(A) by striking ‘‘inactive-duty train-
ing’’ in the section heading and inserting ‘‘in-
active duty’’; and 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) the disability is a result of an injury, ill-
ness, or disease incurred or aggravated in line of 
duty while—
‘‘(A) performing active duty or inactive 
duty; 
‘‘(B) traveling directly to or from the place 
at which such duty is performed; or 
‘‘(C) remaining overnight immediately be-
fore the commencement of inactive duty, or 
while remaining overnight between successive 
periods of inactive-duty training, at or in the vi-
cinity of the site of the inactive duty, if the site 
is outside reasonable commuting distance of the 
member’s residence.’’. 
(12)(A) Section 12552 is repealed. 
(B) The table of sections at the beginning of 
chapter 1215 of such title is amended by striking 
the item relating to 12552.
TITLE XXVII—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2701. Authorized Guard and Reserve construction and land acquisition 
projects. 
TITLE XXVIII—EXPIRATION AND EXTENSION OF 
AUTHORIZATIONS 
Sec. 2801. Expiration of authorizations and amounts required to be specified 
by law. 
Sec. 2802. Extension of authorizations of certain fiscal year 2002 projects. 
Sec. 2803. Extension of authorizations of certain fiscal year 2001 projects. 
TITLE XXIX—GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2901. Alternative authority for acquisition and improvement of military 
housing. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2911. Establishment of Museum Center of the National Museum of the 
United States Army. 
Sec. 2912. Exchange or sale of reserve component facilities in return for re-
placement facilities. 
Subtitle C—Other Matters 
Sec. 2921. Minor military construction to improve force protection.
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 
fiscal year 2005 for procurement for the Army as follows: 
(1) For aircraft, $2,658,241,000. 
(2) For missiles, $1,398,321,000. 
(3) For weapons and tracked combat vehicles, 
$1,639,695,000.
providing capital for working capital and revolving funds 
in amounts as follows: 
(1) For the Defense Working Capital Funds, 
$1,685,886,000. 
(2) For the National Defense Sealift Fund, 
$1,269,252,000. 
SEC. 303. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fis-
cal year 2005 from the Armed Forces Retirement Home 
Trust Fund the sum of $61,195,000 for the operation of 
the Armed Forces Retirement Home. 
SEC. 304. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 
(a) DEFENSE HEALTH PROGRAM.—Funds are here-
by authorized to be appropriated for the Department of 
Defense for fiscal year 2005 for expenses, not otherwise 
provided 
for, 
for 
the 
Defense 
Health 
Program, 
$17,640,411,000, of which—
(1) $17,203,369,000 is for Operation and 
Maintenance; 
(2) $72,407,000 is for Research, Development, 
Test, and Evaluation; and 
(3) $364,635,000 is for Procurement. 
(b) CHEMICAL AGENTS AND MUNITIONS DESTRUC-
TION.—(1) Funds are hereby authorized to be appro-
priated for the Department of Defense for fiscal year 2005
for expenses, not otherwise provided for, for Chemical 
Agents and Munitions Destruction, $1,371,990,000, of 
which—
(A) $1,138,801,000 is for Operation and Main-
tenance; 
(B) $154,209,000 is for Research, Develop-
ment, Test, and Evaluation; and 
(C) $78,980,000 is for Procurement. 
(2) Amounts authorized to be appropriated under 
paragraph (1) are authorized for—
(A) the destruction of lethal chemical agents 
and munitions in accordance with section 1412 of 
the Department of Defense Authorization Act, 1986 
(50 U.S.C. 1521); and 
(B) the destruction of chemical warfare mate-
riel of the United States that is not covered by sec-
tion 1412 of such Act. 
(c) DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 
to be appropriated for the Department of Defense for fis-
cal year 2005 for expenses, not otherwise provided for, for 
Drug Interdiction and Counter-Drug Activities, Defense-
wide, $852,697,000. 
(d) DEFENSE INSPECTOR GENERAL.—Funds are 
hereby authorized to be appropriated for the Department
of Defense for fiscal year 2005 for expenses, not otherwise 
provided for, for the Office of the Inspector General of 
the Department of Defense, $244,562,000, of which—
(1) $242,362,000 is for Operation and Mainte-
nance; 
(2) $100,000 is for Research, Development, 
Test, and Evaluation; and 
(3) $2,100,000 is for Procurement. 
Subtitle B—Environmental 
Provisions 
SEC. 311. PAYMENT OF PRIVATE CLEANUP COSTS. 
(a) AUTHORITY TO PAY FOR SERVICES.—Section 
2701(d) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘tribe,’’ both 
places it appears and inserting ‘‘tribe, owner of cov-
enant property,’’; and 
(2) in paragraph (4), by adding at the end the 
following new subparagraph: 
‘‘(C) The term ‘owner of covenant property’ 
means an owner of property subject to a covenant 
provided by the United States in accordance with 
the requirements of section 120(h)(3)(A)(ii)(II) of 
CERCLA: Provided, however, That the covenant 
property also is the site of the services to be per-
formed.’’.
(b) SOURCE
OF FUNDS
FOR COVENANT PROP-
ERTY.—Section 2703 of such title is amended—
(1) in subsection (g)(1), by striking ‘‘The’’ and 
inserting ‘‘Except as provided in subsection (h), 
the’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(h) SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL 
REMEDIATION SERVICES AT BASE REALIGNMENT AND 
CLOSURE SITES.—In the case of property disposed of in 
accordance with a base closure law, the sole source of 
funds for services obtained under section 2701(d)(1) of 
this title shall be the applicable base closure account estab-
lished under such base closure law.’’.
SEC. 312. REIMBURSEMENT TO THE ENVIRONMENTAL PRO-
TECTION AGENCY FOR CERTAIN COSTS IN 
CONNECTION WITH THE MOSES LAKE, WASH-
INGTON SUPERFUND SITE. 
(a) AUTHORITY.—Using funds described in sub-
section (b), the Secretary of Defense may transfer not 
more than $524,926.54 to the Moses Lake Wellfield 
Superfund Site 10–6J Special Account. This payment is 
to reimburse the United States Environmental Protection 
Agency for its costs including interest incurred in over-
seeing a remedial investigation/feasibility study performed
by the Department of the Army under the Defense Envi-
ronmental Restoration Program at the former Larson Air 
Force Base, Moses Lake Superfund Site, Moses Lake, 
Washington. Such reimbursement is provided for in the 
Interagency Agreement entered into by the Department 
of the Army and the Environmental Protection Agency for 
the Moses Lake 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 paragraph 18 of section 301 of this act for 
Environmental Restoration, Formerly Used Defense Sites. 
EPA shall retain and use the transferred amount to pay 
for costs the Agency has incurred or will incur at the 
Moses Lake Wellfield Superfund site. 
Subtitle C—Workplace and Depot 
Issues 
SEC. 321. EXCLUSION OF CERTAIN EXPENDITURES FROM 
PERCENTAGE 
–LIMITATION 
ON 
CON-
TRACTING FOR PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE AND REPAIR WORK-
LOADS. 
Section 2474(f)(1) of title 10, United States Code, 
is amended by striking ‘‘under any contract entered into 
during fiscal years 2003 through 2006’’.
TITLE IV—MILITARY 
PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2005, as follows: 
(1) The Army, 482,400. 
(2) The Navy, 365,900. 
(3) The Marine Corps, 175,000. 
(4) The Air Force, 359,700. 
SEC. 402. NEW TITLE FOR THE VICE CHIEF OF THE NA-
TIONAL GUARD BUREAU. 
(a) IN GENERAL.—Section 10505 of title 10, United 
States Code, is amended by striking ‘‘Vice Chief of the 
National Guard Bureau’’ each place it appears and insert-
ing ‘‘Director of the Joint Staff of the National Guard 
Bureau’’. 
(b) CLERICAL AMENDMENTS.—(1) The heading of 
such section is amended by striking ‘‘Vice Chief of the 
National Guard Bureau’’ and inserting ‘‘Director 
of the Joint Staff of the National Guard Bu-
reau’’. 
(2) The item relating to such section in the table of 
sections at the beginning of chapter 1011 of such title is 
amended by striking ‘‘Vice Chief of the National Guard