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(2) An assessment of the study on the possible
health effects associated with the drinking of contami-
nated drinking water at Camp Lejeune as proposed
by the Agency for Toxic Substances and Disease Reg-
istry (ATSDR), including whether the proposed
study—
(A) will address the appropriate at-risk
populations;
(B) will encompass an appropriate time-
frame;
(C) will consider all relevant health effects;
and
(D) can be completed on an expedited basis
without compromising its quality.
(b) AUTHORITY TO USE EXPERTS.—The Comptroller
General may use experts in conducting the study required
by subsection (a). Any such experts shall be independent,
highly qualified, and knowledgeable in the matters covered
by the study.
(c) PARTICIPATION
BY OTHER INTERESTED PAR-
TIES.—In conducting the study required by subsection (a),
the Comptroller General shall ensure that interested parties,
including individuals who lived or worked at Camp Lejeune
during the period when the drinking water may have been
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contaminated, have the opportunity to submit information
and views on the matters covered by the study.
(d) CONSTRUCTION WITH ATSDR STUDY.—The re-
quirement under subsection (a) that the Comptroller Gen-
eral conduct the study required by paragraph (2) of that
subsection may not be construed as a basis for the delay
of the study proposed by Agency for Toxic Substances and
Disease Registry as described in that subsection, but is in-
tended to provide an independent review of the appropriate-
ness and credibility of the study proposed by the Agency
and to identify possible improvements in the plan or imple-
mentation of the study proposed by the Agency.
(e) REPORT.—(1) Not later than one year after the
date of the enactment of this Act, the Comptroller General
shall submit to the congressional defense committees a re-
port on the study required by subsection (a), including such
recommendations as the Comptroller General considers ap-
propriate for further study or for legislative or other action.
(2) Recommendations under paragraph (1) may in-
clude recommendations for modifications or additions to the
study proposed by the Agency for Toxic Substances and Dis-
ease Registry, as described in subsection (a)(2), in order
to improve the study.
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SEC. 325. INCREASE IN AUTHORIZED AMOUNT OF ENVIRON-
MENTAL REMEDIATION, FRONT ROYAL, VIR-
GINIA.
Section 591(a)(2) of the Water Resources Development
Act of 1999 (Public Law 106–53; 113 Stat. 378) is amended
by striking ‘‘$12,000,000’’ and inserting ‘‘$22,000,000’’.
SEC. 326. COMPTROLLER GENERAL STUDY AND REPORT ON
ALTERNATIVE TECHNOLOGIES TO DECON-
TAMINATE GROUNDWATER AT DEPARTMENT
OF DEFENSE INSTALLATIONS.
(a) COMPTROLLER GENERAL STUDY.—The Comp-
troller General of the United States shall conduct a study
to determine whether or not cost-effective technologies are
available to the Department of Defense for the cleanup of
groundwater contamination at Department installations in
lieu of traditional methods, such as pump and treat, that
can be expensive and take many years to complete.
(b) ELEMENTS.—The study under subsection (a) shall
include the following:
(1) An identification of current technologies
being used or field tested by the Department to treat
groundwater at Department installations, including
the contaminants being addressed.
(2) An identification of cost-effective technologies
described in that subsection that are currently under
research, under development by commercial vendors,
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or available commercially and being used outside the
Department and that have potential for use by the
Department to address the contaminants identified
under paragraph (1).
(3) An evaluation of the potential benefits and
limitations of using the technologies identified under
paragraphs (1) and (2).
(4) A description of the barriers, such as cost, ca-
pability, or legal restrictions, to using the technologies
identified under paragraph (2).
(5) Any other matters the Comptroller General
considers appropriate.
(c) REPORT.—By April 1, 2005, the Comptroller Gen-
eral shall submit to Congress a report on the study under
subsection (a). The report shall include the results of the
study and any recommendations, including recommenda-
tions for administrative or legislative action, that the
Comptroller General considers appropriate.
SEC. 327. SENSE OF SENATE ON PERCHLORATE CONTAMI-
NATION OF GROUND AND SURFACE WATER.
(a) FINDINGS.—The Senate makes the following find-
ings:
(1) Because finite water sources in the United
States are stretched by regional drought conditions
and increasing demand for water supplies, there is
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increased need for safe and dependable supplies of
fresh water for drinking and use for agricultural pur-
poses.
(2) Perchlorate, a naturally occurring and man-
made compound with medical, commercial, and na-
tional defense applications, which has been used pri-
marily in military munitions and rocket fuels, has
been detected in fresh water sources intended for use
as drinking water and water necessary for the pro-
duction of agricultural commodities.
(3) If ingested in sufficient concentration and in
adequate duration, perchlorate may interfere with
thyroid metabolism, and this effect may impair the
normal development of the brain in fetuses and
newborns.
(4) The Federal Government has not yet estab-
lished a drinking water standard for perchlorate.
(5) The National Academy of Sciences is con-
ducting an assessment of the state of the science re-
garding the effects on human health of perchlorate in-
gestion that will aid in understanding the effect of
perchlorate exposure on sensitive populations.
(b) SENSE OF SENATE.—It is the sense of the Senate
that—
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(1) perchlorate has been identified as a contami-
nant of drinking water sources or in the environment
in 34 States and has been used or manufactured in
44 States;
(2) perchlorate exposure at or above a certain
level may adversely affect public health, particularly
the health of vulnerable and sensitive populations;
and
(3) the Department of Defense should—
(A) work to develop a national plan to re-
mediate perchlorate contamination of the envi-
ronment resulting from Department’s activities
to ensure the Department is prepared to respond
quickly and appropriately once a drinking water
standard is established;
(B) in cases in which the Department is al-
ready remediating perchlorate contamination,
continue that remediation;
(C) prior to the development of a drinking
water standard for perchlorate, develop a plan to
remediate perchlorate contamination in cases in
which such contamination from the Depart-
ment’s activities is present in ground or surface
water at levels that pose a hazard to human
health; and
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(D) continue the process of evaluating and
prioritizing sites without waiting for the devel-
opment of a Federal standard.
SEC. 328. AMOUNT FOR RESEARCH AND DEVELOPMENT FOR
IMPROVED PREVENTION OF LEISHMANIASIS.
(a) INCREASE IN AMOUNT FOR DEFENSE HEALTH
PROGRAM.—The amount authorized to be appropriated by
section 303(a)(2) for the Defense Health Program for re-
search, development, test, and evaluation is hereby in-
creased by $500,000, with the amount of the increase to be
available 
for 
purposes 
relating 
to 
Leishmaniasis
Diagnostics Laboratory.
(b) INCREASE IN AMOUNT FOR RDT&E, ARMY FOR
LEISHMANIASIS TOPICAL TREATMENT.—The amount au-
thorized to be appropriated by section 201(1) for research,
development, test, and evaluation, Army, as increased by
subsection (b), is hereby further increased by $4,500,000,
with the amount of the increase to be available in Program
Element PE 0604807A for purposes relating to Leishmani-
asis Topical Treatment.
(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.
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SEC. 329. REPORT REGARDING ENCROACHMENT ISSUES AF-
FECTING UTAH TEST AND TRAINING RANGE,
UTAH.
(a) REPORT REQUIRED.—(1) The Secretary of the Air
Force shall prepare a report that outlines current and an-
ticipated encroachments on the use and utility of the special
use airspace of the Utah Test and Training Range in the
State of Utah, including encroachments brought about
through actions of other Federal agencies. The Secretary
shall include such recommendations as the Secretary con-
siders appropriate regarding any legislative initiatives nec-
essary to address encroachment problems identified by the
Secretary in the report.
(2) It is the sense of the Senate that such recommenda-
tions should be carefully considered for future legislative ac-
tion.
(b) SUBMISSION OF REPORT.—Not later than one year
after the date of the enactment of this Act, the Secretary
shall submit the report to the Committee on Armed Services
of the House of Representatives and the Committee on
Armed Services of the Senate.
(c) PROHIBITION
ON
GROUND
MILITARY
OPER-
ATIONS.—Nothing in this section shall be construed to per-
mit a military operation to be conducted on the ground in
a covered wilderness study area in the Utah Test and
Training Range.
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(d) COMMUNICATIONS
AND TRACKING SYSTEMS.—
Nothing in this section shall be construed to prevent any
required maintenance of existing communications, instru-
mentation, or electronic tracking systems (or the infrastruc-
ture supporting such systems) necessary for effective testing
and training to meet military requirements in the Utah
Test and Training Range.
Subtitle D—Depot-Level
Maintenance and Repair
SEC. 331. SIMPLIFICATION OF ANNUAL REPORTING RE-
QUIREMENTS 
CONCERNING 
FUNDS 
EX-
PENDED FOR DEPOT MAINTENANCE AND RE-
PAIR WORKLOADS.
(a) CONSOLIDATION
AND
REVISION
OF
DEPART-
MENTAL REPORTING REQUIREMENTS.—Section 2466(d) of
title 10, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘February 1’’ and inserting
‘‘April 1’’; and
(B) by striking ‘‘the preceding two fiscal
years’’ and inserting ‘‘the preceding fiscal year
and are projected to be expended in the fiscal
year in which submitted and ensuing fiscal
years’’; and
(2) by striking paragraph (2).
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(b) TIMING AND CONTENT OF GAO VIEWS.—Para-
graph (3) of such section—
(1) is redesignated as paragraph (2); and
(2) is amended—
(A) by striking ‘‘60 days’’ and inserting
‘‘90 days’’; and
(B) by striking ‘‘whether—’’ and all that
follows and inserting the following: ‘‘whether the
Department of Defense has complied with the re-
quirements of subsection (a) for the fiscal year
preceding the fiscal year in which the report is
submitted and whether the expenditure projec-
tions for the other fiscal years covered by the re-
port are reasonable.’’.
SEC. 332. REPEAL OF REQUIREMENT FOR ANNUAL REPORT
ON MANAGEMENT OF DEPOT EMPLOYEES.
(a) REPEAL.—Section 2472 of title 10, United States
Code, is amended by striking subsection (b).
(b) CONFORMING AMENDMENT.—Subsection (a) of
such section is amended by striking ‘‘(a) PROHIBITION ON
MANAGEMENT BY END STRENGTH.—’’.
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SEC. 333. EXTENSION OF SPECIAL TREATMENT FOR CER-
TAIN EXPENDITURES INCURRED IN THE OP-
ERATION OF CENTERS OF INDUSTRIAL AND
TECHNICAL EXCELLENCE.
Section 2474(f)(1) of title 10, United States Code, is
amended by striking ‘‘through 2006’’ and inserting
‘‘through 2009’’.
Subtitle E—Extensions of Program
Authorities
SEC. 341. TWO-YEAR EXTENSION OF DEPARTMENT OF DE-
FENSE TELECOMMUNICATIONS BENEFIT.
Section 344(c) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.
1449) is amended by striking ‘‘September 30, 2004’’ and
inserting ‘‘September 30, 2006’’.
SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT
PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551
note) is amended—
(1) in subsection (a), by striking ‘‘2004’’ and in-
serting ‘‘2006’’; and
(2) in subsection (g)—
(A) in paragraph (1), by striking ‘‘2004’’
and inserting ‘‘2006’’; and
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(B) in paragraph (2), by striking ‘‘2003’’
and inserting ‘‘2005’’.
SEC. 343. REAUTHORIZATION OF WARRANTY CLAIMS RE-
COVERY PILOT PROGRAM.
Section 391(f) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C.
2304 note) is amended by striking ‘‘September 30, 2004’’
and inserting ‘‘September 30, 2006’’.
Subtitle F—Defense Dependents
Education
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION
OF DEPARTMENT
OF DEFENSE
PROGRAM FOR FISCAL YEAR 2005.—Of the amount author-
ized to be appropriated pursuant to section 301(5) for oper-
ation and maintenance for Defense-wide activities,
$30,000,000 shall be available only for the purpose of pro-
viding educational agencies assistance to local educational
agencies.
(b) NOTIFICATION.—Not later than June 30, 2005, the
Secretary of Defense shall notify each local educational
agency that is eligible for educational agencies assistance
for fiscal year 2005 of—
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(1) that agency’s eligibility for the assistance;
and
(2) the amount of the assistance for which that
agency is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of De-
fense shall disburse funds made available under subsection
(a) not later than 30 days after the date on which notifica-
tion to the eligible local educational agencies is provided
pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’
means assistance authorized under section 386(b) of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(2) The term ‘‘local educational agency’’ has the
meaning given that term in section 8013(9) of the El-
ementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
(3) The term ‘‘basic support payment’’ means a
payment authorized under section 8003(b)(1) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(b)(1)).
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SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DIS-
ABILITIES.
Of the amount authorized to be appropriated pursuant
to section 301(5) for operation and maintenance for De-
fense-wide activities, $5,000,000 shall be available for pay-
ments under section 363 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398; 114 Stat. 1654A–77; 20
U.S.C. 7703a).
SEC. 353. SENSE OF THE SENATE REGARDING THE IMPACT
OF THE PRIVATIZATION OF MILITARY HOUS-
ING ON LOCAL SCHOOLS.
(a) FINDINGS.—The Senate finds the following:
(1) There are approximately 750,000 school-aged
children of members of the active duty Armed Forces
in the United States.
(2) Approximately 650,000 of those students are
currently being served in public schools across the
United States.
(3) The Department of Defense has embarked on
military housing privatization initiatives using au-
thorities provided in subchapter IV of chapter 169 of
part IV of subtitle A of title 10, United States Code,
which will result in the improvement or replacement
of 120,000 military family housing units in the
United States.
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(4) The Secretary of each military department is
authorized to include the construction of new school
facilities in agreements carried out under subchapter
IV of chapter 169 of part IV of subtitle A of title 10,
United States Code.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Department of Defense should support the con-
struction of schools in housing privatization agreements
that severely impact student populations.
Subtitle G—Other Matters
SEC. 361. CHARGES FOR DEFENSE LOGISTICS INFORMA-
TION SERVICES MATERIALS.
(a) AUTHORITY.—Subchapter I of chapter 8 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 197. Defense Logistics Agency: fees charged for lo-
gistics information
‘‘(a) AUTHORITY.—The Secretary of Defense may
charge fees for providing information in the Federal Logis-
tics Information System through Defense Logistics Informa-
tion Services to a department or agency of the executive
branch outside the Department of Defense, or to a State,
a political subdivision of a State, or any person.
‘‘(b) AMOUNT.—The fee or fees prescribed under sub-
section (a) shall be such amount or amounts as the Sec-
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retary of Defense determines appropriate for recovering the
costs of providing information as described in such sub-
section.
‘‘(c) RETENTION OF FEES.—Fees collected under this
section shall be credited to the appropriation available for
Defense Logistics Information Services for the fiscal year
in which collected, shall be merged with other sums in such
appropriation, and shall be available for the same purposes
and period as the appropriation with which merged.
‘‘(d) DEFENSE LOGISTICS INFORMATION SERVICES
DEFINED.—In this section, the term ‘Defense Logistics In-
formation Services’ means the organization within the De-
fense Logistics Agency that is known as Defense Logistics
Information Services.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such subchapter is amended by adding at
the end the following new item:
‘‘197. Defense Logistics Agency: fees charged for logistics information.’’.
SEC. 362. TEMPORARY AUTHORITY FOR CONTRACTOR PER-
FORMANCE OF SECURITY-GUARD FUNCTIONS.
(a) CONDITIONAL EXTENSION OF AUTHORITY.—Sub-
section (c) of section 332 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–
314; 116 Stat. 2513) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘AUTHORITY.—’’;
and
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(2) by striking ‘‘at the end of the three-year pe-
riod’’ and all that follows through the period at the
end and inserting ‘‘at the end of September 30, 2006,
except that such authority shall not be in effect under
this section for any period after December 1, 2004,
during which the Secretary has failed to comply with
the requirement to submit the plan under subsection
(d)(2).
‘‘(2) No security-guard functions may be performed
under any contract entered into using the authority pro-
vided under this section during any period for which the
authority for contractor performance of security-guard
functions under this section is not in effect.
‘‘(3) The term of any contract entered into using the
authority provided under this section may not extend be-
yond the date of the expiration of authority under para-
graph (1).’’.
(b) REAFFIRMATION AND REVISION OF REPORTING
REQUIREMENT.—Subsection 
(d) 
of 
such 
section 
is
amended—
(1) by striking ‘‘180 days after the date of the
enactment of this Act,’’ and inserting ‘‘December 1,
2004,’’;
(2) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (4), respectively;
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(3) by inserting after ‘‘shall—’’ the following
new paragraph:
‘‘(1) identify each contract for the performance of
security-guard functions entered into pursuant to the
authority in subsection (a) on or before September 30,
2004, including information regarding—
‘‘(A) each installation at which such secu-
rity-guard functions are performed or are to be
performed;
‘‘(B) the period and amount of such con-
tract;
‘‘(C) the number of security guards em-
ployed or to be employed under such contract;
and
‘‘(D) the actions taken or to be taken within
the Department of Defense to ensure that the
conditions applicable under paragraph (1) of
subsection (a) or determined under paragraph
(2) of such subsection are satisfied;’’;
(4) by striking ‘‘and’’ at the end of paragraph
(2), as redesignated by paragraph (2); and
(5) by inserting after paragraph (2), as so redes-
ignated, the following new paragraph:
‘‘(3) identify any limitation or constraint on the
end strength of the civilian workforce of the Depart-
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ment of Defense that makes it difficult to meet re-
quirements identified under paragraph (2) by hiring
personnel as civilian employees of the Department of
Defense; and’’.
SEC. 363. PILOT PROGRAM FOR PURCHASE OF CERTAIN MU-
NICIPAL SERVICES FOR DEPARTMENT OF DE-
FENSE INSTALLATIONS.
(a) AUTHORITY.—The Secretary of Defense may carry
out a pilot program to provide for the purchase of certain
services needed for a Department of Defense installation
from a county or municipality where the installation is lo-
cated.
(b) PURPOSE OF PROGRAM.—The purpose of the pilot
program is to provide the Secretary with a basis for evalu-
ating the efficacy of purchasing public works, utility, and
other services needed for Department of Defense installa-
tions from counties or municipalities where the installa-
tions are located.
(c) SERVICES AUTHORIZED
FOR PROCUREMENT.—
Only the following services may be purchased for a partici-
pating installation under the pilot program:
(1) Refuse collection.
(2) Refuse disposal.
(3) Library services.
(4) Recreation services.
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(5) Facility maintenance and repair.
(6) Utilities.
(d) PROGRAM INSTALLATIONS.—The Secretary of each
military department may designate under this section not
more than two installations of such military department
for participation in the pilot program. Only installations
located in the United States are eligible for designation
under this subsection.
(e) REPORT.—Not later than February 1, 2010, the
Secretary of Defense shall submit to Congress a report on
any pilot program carried out under this section. The re-
port shall include—
(1) the Secretary’s evaluation of the efficacy of
purchasing public works, utility, and other services
for Department of Defense installations from counties
or municipalities where the installations are located;
and
(2) any recommendations that the Secretary con-
siders appropriate regarding authority to make such
purchases.
(f) PERIOD OF PILOT PROGRAM.—The pilot program
may be carried out during fiscal years 2005 through 2010.
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SEC. 364. CONSOLIDATION AND IMPROVEMENT OF AU-
THORITIES 
FOR 
ARMY 
WORKING-CAPITAL
FUNDED FACILITIES TO ENGAGE IN PUBLIC-
PRIVATE PARTNERSHIPS.
(a) PUBLIC-PRIVATE PARTNERSHIPS AUTHORIZED.—
Chapter 433 of title 10, United States Code, is amended
by adding at the end the following new section:
‘‘§ 4544. Army industrial facilities: public-private
partnerships
‘‘(a) 
PUBLIC-PRIVATE
PARTNERSHIPS
AUTHOR-
IZED.—A working-capital funded Army industrial facility
may enter into cooperative arrangements with non-Army
entities to carry out military or commercial projects with
the non-Army entities. A cooperative arrangement under
this section shall be known as a ‘public-private partner-
ship’.
‘‘(b) AUTHORIZED
PARTNERSHIP
ACTIVITIES.—A
public-private partnership entered into by an Army indus-
trial facility may provide for any of the following activities:
‘‘(1) The sale of articles manufactured by the fa-
cility or services performed by the facility to persons
outside the Department of Defense.
‘‘(2) The performance of—
‘‘(A) work by a non-Army entity at the fa-
cility; or
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‘‘(B) work for a non-Army entity by the fa-
cility.
‘‘(3) The sharing of work by the facility and one
or more non-Army entities.
‘‘(4) The leasing, or use under a facilities use
contract or otherwise, of the facility (including excess
capacity) or equipment (including excess equipment)
of the facility by a non-Army entity.
‘‘(5) The preparation and submission of joint of-
fers by the facility and one or more non-Army enti-
ties for competitive procurements entered into with a
department or agency of the United States.
‘‘(c) CONDITIONS
FOR PUBLIC-PRIVATE PARTNER-
SHIPS.—An activity described in subsection (b) may be car-
ried out as a public-private partnership at an Army indus-
trial facility only under the following conditions:
‘‘(1) In the case of an article to be manufactured
or services to be performed by the facility, the articles
can be substantially manufactured, or the services can
be substantially performed, by the facility without
subcontracting for more than incidental performance.
‘‘(2) The activity does not interfere with per-
formance of—
‘‘(A) work by the facility for the Depart-
ment of Defense; or
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‘‘(B) a military mission of the facility.
‘‘(3) The activity meets one of the following ob-
jectives:
‘‘(A) Maximize utilization of the capacity of
the facility.
‘‘(B) Reduction or elimination of the cost of
ownership of the facility.
‘‘(C) Reduction in the cost of manufac-
turing or maintaining Department of Defense
products at the facility.
‘‘(D) Preservation of skills or equipment re-
lated to a core competency of the facility.
‘‘(4) The non-Army entity partner or purchaser
agrees to hold harmless and indemnify the United
States from any liability or claim for damages or in-
jury to any person or property arising out of the ac-
tivity, including any damages or injury arising out
of a decision by the Secretary of the Army or the Sec-
retary of Defense to suspend or terminate an activity,
or any portion thereof, during a war or national
emergency or to require the facility to perform other
work or provide other services on a priority basis,
except—
‘‘(A) in any case of willful misconduct or
gross negligence; and
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‘‘(B) in the case of a claim by a purchaser
of articles or services under this section that
damages or injury arose from the failure of the
Government to comply with quality, schedule, or
cost performance requirements in the contract to
carry out the activity.
‘‘(d) 
METHODS
OF
PUBLIC-PRIVATE
PARTNER-
SHIPS.—To conduct an activity of a public-private partner-
ship under this section, the approval authority described
in subsection (f) for an Army industrial facility may, in
the exercise of good business judgment—
‘‘(1) enter into a firm, fixed-price contract (or,
if agreed to by the purchaser, a cost reimbursement
contract) for a sale of articles or services or use of
equipment or facilities;
‘‘(2) enter into a multiyear partnership contract
for a period not to exceed five years, unless a longer
period is specifically authorized by law;
‘‘(3) charge a partner the amounts necessary to
recover the full costs of the articles or services pro-
vided, including capital improvement costs, and
equipment depreciation costs associated with pro-
viding the articles, services, equipment, or facilities;
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‘‘(4) authorize a partner to use incremental
funding to pay for the articles, services, or use of
equipment or facilities; and
‘‘(5) accept payment-in-kind.
‘‘(e) DEPOSIT OF PROCEEDS.—(1) The proceeds of
sales of articles and services received in connection with the
use of an Army industrial facility under this section shall
be credited to the appropriation or working-capital fund
that incurs the variable costs of manufacturing the articles
or performing the services. Notwithstanding section 3302(b)
of title 31, the amount so credited with respect to an Army
industrial facility shall be available, without further appro-
priation, as follows:
‘‘(A) Amounts equal to the amounts of the vari-
able costs so incurred shall be available for the same
purposes as the appropriation or working-capital
fund to which credited.
‘‘(B) Amounts in excess of the amounts of the
variable costs so incurred shall be available for oper-
ations, maintenance, and environmental restoration
at that Army industrial facility.
‘‘(2) Amounts credited to a working-capital fund
under paragraph (1) shall remain available until expended.
Amounts credited to an appropriation under paragraph (1)
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shall remain available for the same period as the appro-
priation to which credited.
‘‘(f) APPROVAL OF SALES.—The authority of an Army
industrial facility to conduct a public-private partnership
under this section shall be exercised at the level of the com-
mander of the major subordinate command of the Army
that has responsibility for the facility. The commander may
approve such partnership on a case basis or a class basis.
‘‘(g) COMMERCIAL SALES.—Except in the case of work
performed for the Department of Defense, for a contract of
the Department of Defense, for foreign military sales, or for
authorized foreign direct commercial sales (defense articles
or defense services sold to a foreign government or inter-
national organization under export controls), a sale of arti-
cles or services may be made under this section only if the
approval authority described in subsection (f) determines
that the articles or services are not available from a com-
mercial source located in the United States in the required
quantity or quality, or within the time required.
‘‘(h) EXCLUSION FROM DEPOT-LEVEL MAINTENANCE
AND
REPAIR
PERCENTAGE
LIMITATION.—Amounts ex-
pended for depot-level maintenance and repair workload by
non-Federal personnel at an Army industrial facility shall
not be counted for purposes of applying the percentage limi-
tation in section 2466(a) of this title if the personnel are
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provided by a non-Army entity pursuant to a public-pri-
vate partnership established under this section.
‘‘(i) RELATIONSHIP TO OTHER LAWS.—Nothing in
this section shall be construed to affect the application of—
‘‘(1) foreign military sales and the export con-
trols provided for in sections 30 and 38 of the Arms
Export Control Act (22 U.S.C. 2770 and 2778) to ac-
tivities of a public-private partnership under this sec-
tion; and
‘‘(2) section 2667 of this title to leases of non-ex-
cess property in the administration of a public-pri-
vate partnership under this section.
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) The term ‘Army industrial facility’ includes
an ammunition plant, an arsenal, a depot, and a
manufacturing plant.
‘‘(2) The term ‘non-Army entity’ includes the fol-
lowing:
‘‘(A) An executive agency.
‘‘(B) An entity in industry or commercial
sales.
‘‘(C) A State or political subdivision of a
State.
‘‘(D) An institution of higher education or
vocational training institution.
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‘‘(3) The term ‘incremental funding’ means a se-
ries of partial payments that—
‘‘(A) are made as the work on manufacture
or articles is being performed or services are
being performed or equipment or facilities are
used, as the case may be; and
‘‘(B) result in full payment being completed
as the required work is being completed.
‘‘(4) The term ‘full costs’, with respect to articles
or services provided under this section, means the
variable costs and the fixed costs that are directly re-
lated to the production of the articles or the provision
of the services.
‘‘(5) The term ‘variable costs’ means the costs
that are expected to fluctuate directly with the volume
of sales or services provided or the use of equipment
or facilities.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘4544. Army industrial facilities: public-private partnerships.’’.
SEC. 365. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY
OF WORLD WAR II.
(a) IN GENERAL.—For fiscal year 2005, the Secretary
of Defense may conduct a program—
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(1) to commemorate the 60th anniversary of
World War II; and
(2) to coordinate, support, and facilitate other
such commemoration programs and activities of the
Federal Government, State and local governments,
and other persons.
(b) PROGRAM ACTIVITIES.—The program referred to
in subsection (a) may include activities and ceremonies—
(1) to provide the people of the United States
with a clear understanding and appreciation of the
lessons and history of World War II;
(2) to thank and honor veterans of World War
II and their families;
(3) to pay tribute to the sacrifices and contribu-
tions made on the home front by the people of the
United States;
(4) to foster an awareness in the people of the
United States that World War II was the central
event of the 20th century that defined the postwar
world;
(5) to highlight advances in technology, science,
and medicine related to military research conducted
during World War II;
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(6) to inform wartime and postwar generations
of the contributions of the Armed Forces of the United
States to the United States;
(7) to recognize the contributions and sacrifices
made by World War II allies of the United States;
and
(8) to highlight the role of the Armed Forces of
the United States, then and now, in maintaining
world peace through strength.
(c) ESTABLISHMENT OF ACCOUNT.—(1) There is estab-
lished in the Treasury of the United States an account to
be known as the ‘‘Department of Defense 60th Anniversary
of World War II Commemoration Account’’ which shall be
administered by the Secretary as a single account.
(2) There shall be deposited in the account, from
amounts appropriated to the Department of Defense for op-
eration and maintenance of Defense Agencies, such amounts
as the Secretary considers appropriate to conduct the pro-
gram referred to in subsection (a).
(3) The Secretary may use the funds in the account
established in paragraph (1) only for the purpose of con-
ducting the program referred to in subsection (a).
(4) Not later than 60 days after the termination of
the authority of the Secretary to conduct the program re-
ferred to in subsection (a), the Secretary shall transmit to
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the Committees on Armed Services of the Senate and House
of Representatives a report containing an accounting of all
the funds deposited into and expended from the account or
otherwise expended under this section, and of any amount
remaining in the account. Unobligated funds which remain
in the account after termination of the authority of the Sec-
retary under this section shall be held in the account until
transferred by law after the Committees receive the report.
(d) ACCEPTANCE OF VOLUNTARY SERVICES.—(1) Not-
withstanding section 1342 of title 31, United States Code,
the Secretary may accept from any person voluntary serv-
ices to be provided in furtherance of the program referred
to in subsection (a).
(2) A person providing voluntary services under this
subsection shall be considered to be an employee for the pur-
poses of chapter 81 of title 5, United States Code, relating
to compensation for work-related injuries. Such a person
who is not otherwise employed by the Federal Government
shall not be considered to be a Federal employee for any
other purposes by reason of the provision of such service.
(3) The Secretary may reimburse a person providing
voluntary services under this subsection for incidental ex-
penses incurred by such person in providing such services.
The Secretary shall determine which expenses are eligible
for reimbursement under this paragraph.
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SEC. 366. MEDIA COVERAGE OF THE RETURN TO THE
UNITED STATES OF THE REMAINS OF DE-
CEASED MEMBERS OF THE ARMED FORCES
FROM OVERSEAS.
(a) FINDINGS.—Congress makes the following findings:
(1) The Department of Defense, since 1991, has
relied on a policy of no media coverage of the trans-
fers of the remains of members Ramstein Air Force
Base, Germany, nor at Dover Air Force Base, Dela-
ware, and the Port Mortuary Facility at Dover Air
Force Base, nor at interim stops en route to the point
of final destination in the transfer of the remains.
(2) The principal focus and purpose of the policy
is to protect the wishes and the privacy of families of
deceased members of the Armed Forces during their
time of great loss and grief and to give families and
friends of the dead the privilege to decide whether to
allow media coverage at the member’s duty or home
station, at the interment site, or at or in connection
with funeral and memorial services.
(3) In a 1991 legal challenge to the Department
of Defense policy, as applied during Operation Desert
Storm, the policy was upheld by the United States
District Court for the District of Columbia, and on
appeal, by the United States Court of Appeals for the
District of Columbia in the case of JB Pictures, Inc.
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(c) FORCE SHAPING AUTHORITY.—(1)(A) Subchapter
V of chapter 36 of such title is amended by adding at the
end the following new section:
‘‘§ 647. Force shaping authority
‘‘(a) AUTHORITY.—The Secretary concerned may, sole-
ly for the purpose of restructuring an armed force under
the jurisdiction of that Secretary—
‘‘(1) discharge an officer described in subsection
(b); or
‘‘(2) transfer such an officer from the active-duty
list of that armed force to the reserve active-status list
of a reserve component of that armed force.
‘‘(b) COVERED OFFICERS.—(1) The authority under
this section may be exercised in the case of an officer who—
‘‘(A) has completed not more than 5 years of
service as a commissioned officer in the armed forces;
or
‘‘(B) has completed more than 5 years of service
as a commissioned officer in the armed forces, but has
not completed a minimum service obligation applica-
ble to that member.
‘‘(2) In this subsection, the term ‘minimum service ob-
ligation’ means the initial period of required active duty
service together with any additional period of required ac-