330 
system’s mission is sufficiently short so that mission 
availability, capability, interoperability, and force 
protection requirements are maintained. 
‘‘(e) WAIVER.—The Secretary of Defense may waive 
the applicability of subsection (a) to a major defense acqui-
sition program if the Secretary determines that, but for 
such a waiver, the Department would be unable to meet na-
tional security objectives. Whenever the Secretary makes 
such a determination and authorizes such a waiver, the Sec-
retary shall submit notice of such waiver and of the Sec-
retary’s determination and the reasons therefor in writing 
to the congressional defense committees.’’. 
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section 
2436 the following new item: 
‘‘2437. Development of major defense acquisition programs: sustainment and mod-
ernization of system to be replaced .’’. 
(b) APPLICATION TO EXISTING PROGRAMS IN DEVEL-
OPMENT.—Section 2437 of title 10, United States Code, as 
added by subsection (a), shall apply with respect to a major 
defense acquisition program that is under development as 
of the date of the enactment of this Act and is not expected 
to reach initial operational capability before October 1, 
2008. The Secretary of Defense shall require that a 
sustainment and modernization plan under that section be 
developed not later than one year after the date of the enact-
331 
ment of this Act for the existing system that the system 
under development is intended to replace. 
SEC. 822. REVIEW AND DEMONSTRATION PROJECT RELAT-
ING TO CONTRACTOR EMPLOYEES. 
(a) GENERAL REVIEW.—(1) The Secretary of Defense 
shall conduct a review of policies, procedures, practices, and 
penalties of the Department of Defense relating to employees 
of defense contractors for purposes of ensuring that the De-
partment of Defense is in compliance with Executive Order 
No. 12989 (relating to a prohibition on entering into con-
tracts with contractors that are not in compliance with the 
Immigration and Nationality Act). 
(2) In conducting the review, the Secretary shall— 
(A) identify potential weaknesses and areas for 
improvement in existing policies, procedures, prac-
tices, and penalties; 
(B) develop and implement reforms to strength-
en, upgrade, and improve policies, procedures, prac-
tices, and penalties of the Department of Defense and 
its contractors; and 
(C) review and analyze reforms developed pursu-
ant to this paragraph to identify for purposes of na-
tional implementation those which are most efficient 
and effective.
332 
(3) The review under this subsection shall be completed 
not later than 180 days after the date of the enactment of 
this Act. 
(b) DEMONSTRATION PROJECT.—The Secretary of De-
fense shall conduct a demonstration project in accordance 
with this section, in one or more regions selected by the Sec-
retary, for purposes of promoting greater contracting oppor-
tunities for contractors offering effective, reliable staffing 
plans to perform defense contracts that ensure all contract 
personnel employed for such projects, including manage-
ment employees, professional employees, craft labor per-
sonnel, and administrative personnel, are lawful residents 
or persons properly authorized to be employed in the United 
States and properly qualified to perform services required 
under the contract. The demonstration project shall focus 
on contracts for construction, renovation, maintenance, and 
repair services for military installations. 
(c) DEMONSTRATION PROJECT PROCUREMENT PROCE-
DURES.—As part of the demonstration project under sub-
section (b), the Secretary of Defense shall conduct a com-
petition in which there is a provision in contract solicita-
tions and request for proposal documents to require signifi-
cant weight or credit be allocated to— 
(1) reliable, effective workforce programs offered 
by prospective contractors that provide background
333 
checks and other measures to ensure the contractor is 
in compliance with the Immigration and Nationality 
Act; and 
(2) reliable, effective project staffing plans offered 
by prospective contractors that specify for all contract 
employees (including management employees, profes-
sionals, and craft labor personnel) the skills, training, 
and qualifications of such persons and the labor sup-
ply sources and hiring plans or procedures used for 
employing such persons. 
(d) 
IMPLEMENTATION
OF
DEMONSTRATION 
PROJECT.—The Secretary of Defense shall begin operation 
of the demonstration project required under this section 
after completion of the review under subsection (a), but in 
no event later than 270 days after the date of the enactment 
of this Act. 
(e) REPORT ON DEMONSTRATION PROJECT.—Not later 
than six months after award of a contract under the dem-
onstration project, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and House 
of Representatives a report setting forth a review of the 
demonstration project and recommendations on the actions, 
if any, that can be implemented to ensure compliance by 
the Department of Defense with Executive Order No. 12989.
334 
(f) DEFINITION.—In this section, the term ‘‘military 
installation’’ means a base, camp, post, station, yard, cen-
ter, homeport facility for any ship, or other activity under 
the jurisdiction of the Department of Defense, including any 
leased facility, which is located within any of the several 
States, the District of Columbia, the Commonwealth of 
Puerto Rico, American Samoa, the Virgin Islands, or 
Guam. Such term does not include any facility used pri-
marily for civil works, rivers and harbors projects, or flood 
control projects. 
SEC. 823. DEFENSE ACQUISITION WORKFORCE LIMITATION 
AND REPORTS. 
(a) DEFENSE ACQUISITION AND SUPPORT PERSONNEL 
LIMITATION.—(1) Effective October 1, 2005, the number of 
defense acquisition and support personnel in the Depart-
ment of Defense may not exceed 95 percent of the baseline 
number. 
(2) For purposes of paragraph (1), the baseline number 
is the number of defense acquisition and support personnel 
as of October 1, 2004. 
(3) All determinations of personnel strengths for pur-
poses of this section shall be on the basis of full-time equiva-
lent positions. 
(b) GAO STUDY AND REPORT ON DEFENSE ACQUISI-
TION
AND SUPPORT PERSONNEL.—(1) The Comptroller
335 
General shall conduct a study of Department of Defense 
management of defense acquisition and support personnel. 
The study shall include— 
(A) an analysis of the number and structure of 
defense acquisition and support personnel; and 
(B) an assessment of the size, mission, composi-
tion, and projected workload requirements of defense 
acquisition and support personnel. 
(2) The Comptroller General shall submit to the Com-
mittees on Armed Services of the Senate and the House of 
Representatives a report on the results of the study con-
ducted under this subsection not later than March 1, 2005. 
(c) DEFENSE ACQUISITION UNIVERSITY STUDY AND 
REPORT ON DEFENSE ACQUISITION AND SUPPORT PER-
SONNEL.—(1) The Defense Acquisition University shall 
conduct a study of all the training programs offered to de-
fense acquisition and support personnel. 
(2) The Defense Acquisition University shall submit 
to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the results of the study 
conducted under this subsection not later than March 1, 
2005. The report shall include— 
(A) the number of individuals currently certified 
within the field they are working in; and
336 
(B) recommendations on how to improve edu-
cation and productivity for defense acquisition and 
support personnel, including recommendations for ad-
ditional training program requirements. 
(d) DEFINITION.—In this section, the term ‘‘defense ac-
quisition and support personnel’’ means members of the 
Armed Forces and civilian personnel (other than civilian 
personnel who are employed at a maintenance depot) who 
are assigned to, or employed in, acquisition organizations 
of the Department of Defense (as specified in Department 
of Defense Instruction numbered 5000.58, dated January 
14, 1992), and any other organization that, as determined 
by the Secretary, has acquisition as its predominant mis-
sion. 
SEC. 824. PROVISION OF INFORMATION TO CONGRESS TO 
ENHANCE TRANSPARENCY IN CONTRACTING. 
Upon request of the chairman or ranking member of 
the Committee on Armed Services of the Senate or House 
of Representatives, the Secretary of Defense shall provide, 
with respect to any contract or task or delivery order under 
a task or delivery order contract entered into by the Depart-
ment of Defense, within 14 days after receipt of the request, 
unredacted copies of any documents required to be main-
tained in the contracting office contract file, the contract 
administration office contract file, and the paying office
337 
contract file pursuant to subpart 4.8 of the Federal Acquisi-
tion Regulation, including— 
(1) copies of the contract and all modifications; 
(2) orders issued under the contract; 
(3) justifications and approvals; 
(4) any government estimate of contract price; 
(5) source selection documentation; 
(6) cost or price analysis; 
(7) audit reports; 
(8) justification for type of contract; 
(9) authority for deviations from regulations, 
statutory requirements, or other restrictions; 
(10) bills, invoices, vouchers, and supporting 
documents; and 
(11) records of payments or receipts. 
TITLE 
IX—DEPARTMENT 
OF 
DEFENSE 
ORGANIZATION 
AND MANAGEMENT 
SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY 
TO SECRETARY OF THE NAVY AND MARINE 
CORPS. 
(a) CHANGE IN TITLE.—The position of the Secretary 
of the Navy is hereby redesignated as the Secretary of the 
Navy and Marine Corps.
338 
(b) REFERENCES.—Any reference to the Secretary of 
the Navy in any law, regulation, document, record, or other 
paper of the United States shall be considered to be a ref-
erence to the Secretary of the Navy and Marine Corps. 
SEC. 902. TRANSFER OF CENTER FOR THE STUDY OF CHI-
NESE MILITARY AFFAIRS FROM NATIONAL 
DEFENSE UNIVERSITY TO UNITED STATES- 
CHINA ECONOMIC AND SECURITY REVIEW 
COMMISSION. 
(a) TRANSFER.—The Center for the Study of Chinese 
Military Affairs established by section 914 of the National 
Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 
2165 note) is transferred from the National Defense Univer-
sity of the Department of Defense to the United States- 
China Economic and Security Review Commission. 
(b) CONFORMING AMENDMENT.—Subsection (a) of sec-
tion 914 of the National Defense Authorization Act for 2000 
(10 U.S.C. 2165 note) is amended to read as follows: 
‘‘(a) ESTABLISHMENT.—There shall be a Center for the 
Study of Chinese Military Affairs organized under the 
United States-China Economic and Security Review Com-
mission established by section 1238 of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 
(22 U.S.C. 7002).’’.
339 
(c) REPEAL OF OBSOLETE PROVISIONS.—Such section 
is further amended by striking subsections (d) and (e). 
(d) TECHNICAL AMENDMENTS TO COMMISSION CHAR-
TER.—(1) Section 1238(c) of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 
7002) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘(beginning in 2002)’’; and 
(B) by adding at the end the following new 
sentence: ‘‘The report shall include a full discus-
sion of the activities of the Commission under 
each of the subparagraphs of paragraph (2).’’; 
and 
(2) in paragraph (2)— 
(A) by striking the matter preceding sub-
paragraph (A) and inserting the following: 
‘‘(2) AREAS OF FOCUS.—The Commission shall 
focus, in lieu of any other area of work or study, on 
the following:’’; and 
(B) by replacing subparagraphs (A) through 
(J) with the text of subparagraphs (A) through 
(I) of section 2(c)(2) of division P of Public Law 
108–7 (22 U.S.C. 7002 note). 
(2) Section 2(c)(2) of division P of Public Law 108– 
7 (22 U.S.C. 7002 note) is repealed.
340 
(e) EFFECTIVE DATE.—Subsection (a) and the amend-
ment made by subsection (b) shall take effect at the end 
of the 90-day period beginning on the date of the enactment 
of this Act. 
SEC. 903. TRANSFER TO SECRETARY OF THE ARMY OF RE-
SPONSIBILITY FOR ASSEMBLED CHEMICAL 
WEAPONS ALTERNATIVES PROGRAM. 
Effective January 1, 2005, the text of section 142 of 
the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1521 
note) is amended to read as follows: 
‘‘(a) PROGRAM
MANAGEMENT.—(1) The program 
manager for the Assembled Chemical Weapons Alternatives 
program shall report to the Secretary of the Army. 
‘‘(2) The Secretary of the Army shall provide for that 
program to be managed as part of the management organi-
zation within the Department of the Army specified in sec-
tion 1412(e) of Public Law 99–145 (50 U.S.C. 1521(e)). 
‘‘(b) CONTINUED IMPLEMENTATION OF PREVIOUSLY 
SELECTED ALTERNATIVE TECHNOLOGIES.—(1) In car-
rying out the destruction of lethal chemical munitions at 
Pueblo Chemical Depot, Colorado, the Secretary of the 
Army shall continue to implement fully the alternative tech-
nology for such destruction at that depot selected by the
341 
Under Secretary of Defense for Acquisition, Technology, 
and Logistics on July 16, 2002. 
‘‘(2) In carrying out the destruction of lethal chemical 
munitions at Blue Grass Army Depot, Kentucky, the Sec-
retary of the Army shall continue to implement fully the 
alternative technology for such destruction at that depot se-
lected by the Under Secretary of Defense for Acquisition, 
Technology, and Logistics on February 3, 2003.’’. 
SEC. 904. MODIFICATION OF OBLIGATED SERVICE REQUIRE-
MENTS UNDER NATIONAL SECURITY EDU-
CATION PROGRAM. 
(a) IN GENERAL.—Subsection (b)(2) of section 802 of 
the David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1902) is amended by striking subpara-
graphs (A) and (B), as added by section 925(a) of the Na-
tional Defense Authorization Act for Fiscal Year 2004 (Pub-
lic Law 108–136; 117 Stat. 1578), and inserting the fol-
lowing: 
‘‘(A) in the case of a recipient of a scholar-
ship, as soon as practicable but in no case later 
than three years after the completion by the re-
cipient of the study for which scholarship assist-
ance was provided under the program, the re-
cipient shall work for a period of one year—
342 
‘‘(i) in a national security position 
that the Secretary certifies is appropriate to 
use the unique language and region exper-
tise acquired by the recipient pursuant to 
such study in the Department of Defense, in 
any element of the intelligence community, 
in the Department of Homeland Security, 
or in the Department of State; or 
‘‘(ii) in such a position in any other 
Federal department or agency not referred 
to in clause (i) if the recipient demonstrates 
to the Secretary that no position is avail-
able in a Federal department or agency 
specified in clause (i); or 
‘‘(B) in the case of a recipient of a fellow-
ship, as soon as practicable but in no case later 
than two years after the completion by the re-
cipient of the study for which fellowship assist-
ance was provided under the program, the re-
cipient shall work for a period equal to the dura-
tion of assistance provided under the program, 
but in no case less than one year— 
‘‘(i) in a position described in sub-
paragraph (A)(i) that the Secretary certifies 
is appropriate to use the unique language
343 
and region expertise acquired by the recipi-
ent pursuant to such study; or 
‘‘(ii) in such a position in any other 
Federal department or agency not referred 
to in clause (i) if the recipient demonstrates 
to the Secretary that no position is avail-
able in a Federal department or agency 
specified in clause (i); and’’. 
(b) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out the amendment made by 
subsection (a). In prescribing such regulations, the Sec-
retary shall establish standards that recipients of scholar-
ship and fellowship assistance under the program under 
such section 802 are required to demonstrate to satisfy the 
requirement of a good faith effort to gain employment as 
required under subparagraphs (A) and (B) of subsection 
(b)(2) of such section. 
(c) APPLICABILITY.—(1) The amendment made by sub-
section (a) shall apply with respect to service agreements 
entered into under the David L. Boren National Security 
Education Act of 1991 on or after the date of the enactment 
of this Act. 
(2) The amendment made by subsection (a) shall not 
affect the force, validity, or terms of any service agreement 
entered into under the David L. Boren National Security
344 
Education Act of 1991 before the date of the enactment of 
this Act that is in force as of that date. 
SEC. 905. CHANGE OF MEMBERSHIP OF CERTAIN COUNCILS. 
(a) MEMBERSHIP OF ARMED FORCES POLICY COUN-
CIL.—Section 171(a) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(14) The Commandant of the Coast Guard, for 
discussion of matters pertaining to the Coast 
Guard.’’. 
(b) MEMBERSHIP OF COUNCIL UNDER SECTION 179.— 
Subsection (a) of section 179 of title 10, United States Code, 
is amended by adding at the end the following new para-
graph: 
‘‘(4) The Under Secretary of Defense for Pol-
icy.’’. 
(b) CONFORMING AND CLARIFYING AMENDMENTS.— 
Such subsection is further amended in the matter preceding 
paragraph (1)— 
(1) by striking ‘‘Joint’’; and 
(2) by striking ‘‘composed of three members as 
follows:’’ and inserting ‘‘operated as a joint activity 
of the Department of Defense and the Department of 
Energy. The membership of the Council is comprised 
of the following officers of those departments:’’.
345 
(c) OTHER TECHNICAL
AND CLARIFYING AMEND-
MENTS.—Such section is further amended as follows: 
(1) Subsection (c)(3)(B) is amended by striking 
‘‘appointed’’ and inserting ‘‘designated’’. 
(2) Subsection (e) is amended by striking ‘‘In 
addition’’ and all that follows through ‘‘also’’ and in-
serting ‘‘The Council shall’’. 
(3) Subsection (f) is amended by striking ‘‘Com-
mittee on’’ the first place it appears and all that fol-
lows through ‘‘Representatives’’ and inserting ‘‘con-
gressional defense committees’’. 
(d) STYLISTIC AMENDMENTS.—Such section is further 
amended as follows: 
(1) Subsection (a) is amended by inserting ‘‘ES-
TABLISHMENT; MEMBERSHIP.—’’ after ‘‘(a)’’. 
(2) Subsection (b) is amended by inserting 
‘‘CHAIRMAN; MEETINGS.—’’ after ‘‘(b)’’. 
(3) Subsection (c) is amended by inserting 
‘‘STAFF AND ADMINISTRATIVE SERVICES; STAFF DI-
RECTOR.—’’ after ‘‘(c)’’. 
(4) Subsection (d) is amended by inserting ‘‘RE-
SPONSIBILITIES.—’’ after ‘‘(d)’’. 
(5) Subsection (e) is amended by inserting ‘‘RE-
PORT
ON DIFFICULTIES RELATING
TO SAFETY
OR 
RELIABILITY.—’’ after ‘‘(e)’’.
346 
(6) Subsection (f) is amended by inserting ‘‘AN-
NUAL REPORT.—’’ after ‘‘(f)’’. 
(e) FURTHER CONFORMING AMENDMENT.—Section 
3212(e) of the National Nuclear Security Administration 
Act (50 U.S.C. 2402(e)) is amended— 
(1) by striking ‘‘JOINT’’ in the subsection head-
ing; and 
(2) by striking ‘‘Joint’’. 
SEC. 906. ACTIONS TO PREVENT THE ABUSE OF DETAINEES. 
(a) POLICIES REQUIRED.—The Secretary of Defense 
shall prescribe policies regarding procedures for the Armed 
Forces and other elements of the Department of Defense and 
contractor personnel of the Department of Defense intended 
to prevent the conditions leading to acts of abuse of detain-
ees who are held by the United States as part of the Global 
War on Terrorism. Policies under this subsection shall be 
prescribed not later than 120 days after the date of the en-
actment of this Act. 
(b) MATTERS TO BE INCLUDED.—In order to achieve 
the objective stated in subsection (a), the policies on the pre-
vention of abuse of detainees under that subsection shall 
specify, at a minimum, procedures for the following: 
(1) Ensuring that commanders of detention fa-
cilities and commanders of interrogation facilities 
provide all assigned personnel (including contractor
347 
personnel) with training, and documented acknowl-
edgement of receiving training, regarding the Geneva 
Convention Relative to the Treatment of Prisoners of 
War and established Standing Operating Procedures 
for the treatment of detainees. Training provided 
under this paragraph to contractor personnel shall be 
at least comparable in degree to that provided to 
members of the Armed Forces. 
(2) Providing all detainees with information, in 
their own language, of the protections afforded under 
the Geneva Convention Relative to the Treatment of 
Prisoners of War. 
(3) Conducting periodic unannounced and an-
nounced inspections of prisons and other areas where 
detainees are held in order to provide continued over-
sight of interrogation and detention operations. 
(4) Prohibiting contact between male guards and 
female detainees and between female guards and male 
detainees, except under exigent circumstances. 
(c) REPORTS TO CONGRESS.—The Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
(1) a copy of the policies prescribed pursuant to 
subsection (a), immediately after those policies are 
prescribed; and
348 
(2) a report on the implementation of those poli-
cies, not later than one year after the date on which 
those policies are prescribed. 
SEC. 907. RESPONSES TO CONGRESSIONAL INQUIRIES. 
(a) IN GENERAL.—(1) Chapter 3 of title 10, United 
States Code, is amended by inserting after section 113a the 
following new section: 
‘‘§ 113b. Response to congressional inquiries 
‘‘Whenever the Secretary of Defense or any other offi-
cial of the Department of Defense is requested by the chair-
man of the Committee on Armed Services of the Senate or 
the chairman of the Committee on Armed Services of the 
House of Representatives to respond to a question or in-
quiry submitted by the chairman or another member of that 
committee pursuant to a committee hearing or other activ-
ity, the Secretary (or other official) shall respond to the re-
quest, in writing, within 21 days of the date on which the 
request is transmitted to the Secretary (or other official).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 113a the following new item: 
‘‘113b. Response to congressional inquiries.’’.
349 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) 
Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, the Secretary 
may transfer amounts of authorizations made available to 
the Department of Defense in this division for fiscal year 
2005 between any such authorizations for that fiscal year 
(or any subdivisions thereof). Amounts of authorizations so 
transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) The total amount of authorizations that the Sec-
retary may transfer under the authority of this section may 
not exceed $3,000,000,000. Of such amount, $500,000,000 
may be used only for a transfer from an account for an 
active component to an account for a reserve component, 
or from an account of a reserve component to an account 
of an active component, of the same Armed Force. 
(b) LIMITATIONS.—The authority provided by this sec-
tion to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items from 
which authority is transferred;
350 
(2) may not be used to provide authority for an 
item that has been denied authorization by Congress; 
and 
(3) may not be combined with the authority pro-
vided under section 1522. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another 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. 
(d) NOTICE
TO
CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under sub-
section (a). 
SEC. 1002. BUDGET JUSTIFICATION DOCUMENTS FOR OPER-
ATION AND MAINTENANCE. 
(a) IN GENERAL.—(1) Chapter 9 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 232. Operations and maintenance budget presen-
tation 
‘‘(a) IN GENERAL.—In this section 
‘‘(1) The term ‘O&M justification documents’ 
means Department of Defense budget justification 
documents with respect to accounts for operation and 
maintenance submitted to the congressional defense
351 
committees in support of the Department of Defense 
component of the President’s budget for any fiscal 
year. 
‘‘(2) The term ‘President’s budget’ means the 
budget of the President submitted to Congress under 
section 1105 of title 31 for any fiscal year. 
‘‘(3) The term ‘current year’ means the fiscal 
year during which the President’s budget is submitted 
in any year. 
‘‘(b) IDENTIFICATION OF BASELINE AMOUNTS IN O&M 
JUSTIFICATION DOCUMENTS.—In any case in which the 
amount requested in the President’s budget for a fiscal year 
for a Department of Defense operations and maintenance 
program, project, or activity is different from the amount 
appropriated for that program, project, or activity for the 
current year, the O&M justification documents supporting 
that budget shall identify that appropriated amount and 
the difference between that amount and the amount re-
quested in the budget, stated as an amount and as a per-
centage. 
‘‘(c) PERSONAL SERVICE CONTRACTS.—In the O&M 
justification documents for any fiscal year, costs pro-
grammed in the budget for that fiscal year for Department 
of Defense for personal service contracts, and the number 
of personal service contractors to be used by the Department
352 
of Defense during that fiscal year who will be compensated 
at an annual rate in excess of the annual rate of salary 
of the Vice President under section 104 of title 3, shall be 
separately set forth and identified. 
‘‘(d) NAVY SUBACTIVITIES FOR SHIP DEPOT MAINTE-
NANCE AND FOR INTERMEDIATE SHIP MAINTENANCE.—In 
the O&M justification documents for the Navy for any fiscal 
year, amounts requested for ship depot maintenance and 
amounts requested for intermediate ship maintenance shall 
be set forth as separate budget subactivity groups. 
‘‘(e) CIVILIAN AVERAGE SALARY COSTS.—In the O&M 
justification documents for any fiscal year, average civilian 
salary costs, shown by subactivity group, shall be set forth 
as a component of the personnel summary exhibit.’’. 
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item: 
‘‘232. Operations and maintenance budget presentation.’’. 
(b) COMPONENTS OF LINE ITEMS FOR OTHER COSTS 
AND OTHER CONTRACTS.—Not later than March 1, 2005, 
the Secretary of Defense shall submit to the congressional 
defense committees a report setting forth the component ele-
ments of the line items identified as ‘‘Other Costs’’ and 
‘‘Other Contracts’’ in the exhibit identified as ‘‘Summary 
of Price and Program Changes’’ in the budget justification 
materials submitted to those committees in support of the 
budget for fiscal year 2006.
353 
SEC. 1003. RETENTION OF FEES FROM INTELLECTUAL 
PROPERTY LICENSES. 
(a) IN GENERAL.—Chapter 165 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 2788. Licensing of intellectual property of the mili-
tary departments; authority to charge and 
retain fees 
‘‘(a) AUTHORITY TO RETAIN FEES.—(1) Under regu-
lations prescribed by the Secretary of Defense, the Secretary 
concerned may license trademarks, service marks, certifi-
cation marks, and collective marks owned by a military de-
partment and may retain and expend fees received from 
such licensing in accordance with subsection (b). 
‘‘(2) In this section, the terms ‘trademark’, ‘service 
mark’, ‘certification mark’, ‘collective mark’, and ‘mark’ 
have the meanings given those terms in section 45 of the 
Trademark Act of 1946 (15 U.S.C. 1127). 
‘‘(b) USE OF LICENSING FEES.—(1) Funds received by 
a military department from licensing under subsection 
(a)(1) shall be used for the expenses incurred by the depart-
ment in securing the registration of marks owned by the 
department and in licensing those marks. 
‘‘(2) If the amount of fees received by a military de-
partment during any fiscal year from the licensing of 
marks exceeds the anticipated expenses under paragraph (1)
354 
during that year, the Secretary concerned may designate 
those funds as excess and expend them as provided in para-
graph (3). 
‘‘(3) Not more than 50 percent of any such excess funds 
shall be available for military personnel recruiting and re-
tention activities of the department. The remainder of such 
funds shall be available for morale, welfare, and recreation 
activities of the department. 
‘‘(4) Funds received pursuant to subsection (a)(1) shall 
remain available for two years after the end of the fiscal 
year during which the funds are received.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘2788. Licensing of intellectual property of the military departments; authority 
to charge and retain fees.’’. 
SEC. 1004. AUTHORITY TO WAIVE CLAIMS OF THE UNITED 
STATES WHEN AMOUNTS RECOVERABLE ARE 
LESS THAN COSTS OF COLLECTION. 
(a) AUTHORITY.—Chapter 165 of title 10, United 
States Code, is amended by inserting after section 2780 the 
following new section: 
‘‘§ 2780a. Debt collection: general waiver authority for 
small amounts owed the United States 
‘‘(a) AUTHORITY.—In the case of an indebtedness to 
the United States described in subsection (b) that is for an
355 
amount that is less than the threshold amount specified in 
subsection (c), the Secretary of Defense may, under regula-
tions prescribed under this section, cancel the indebtedness 
and waive recovery of the amount owed. Such authority 
may be used only when, based on a cost-benefit analysis, 
the Secretary determines that the costs of collection are ex-
pected to exceed the amount recoverable. 
‘‘(b) COVERED DEBTS.—(1) Except as provided in 
paragraph (2), this section applies with respect to amounts 
owed to the United States that arise out of the activities 
of, or that are referred to, the Department of Defense (in-
cluding amounts owed by members of the armed forces and 
Department of Defense civilian personnel). 
‘‘(2) The authority under this section does not apply 
to amounts owed to the United States arising out of activi-
ties of the Department of Defense that have been referred 
to another executive agency for collection action or that are 
otherwise within the purview of another executive agency. 
‘‘(c) MAXIMUM AMOUNT WAIVABLE.—The threshold 
amount referred to in subsection (a) is the micropurchase 
threshold amount in effect under section 32 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 428). 
‘‘(d) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations for the purposes of this section.’’.
356 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 2780 the following new item: 
‘‘2780a. Debt collection: general waiver authority for small amounts owed the 
United States.’’. 
SEC. 1005. REPEAL OF FUNDING RESTRICTIONS CON-
CERNING DEVELOPMENT OF MEDICAL COUN-
TERMEASURES AGAINST BIOLOGICAL WAR-
FARE THREATS. 
(a) REPEAL.—Section 2370a of title 10, United States 
Code, is repealed. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 139 of such title is amended by 
striking the item relating to that section. 
SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES 
FOR FOREIGN CURRENCY FLUCTUATIONS. 
(a) SECRETARY OF DEFENSE REPORT.—(1) Not later 
than December 1, 2004, the Secretary Defense shall submit 
to the Committees on Armed Services of the Senate and 
House of Representatives a report on the foreign currency 
exchange rate projection used in annual Department of De-
fense budget presentations. 
(2) In the report under paragraph (1), the Secretary 
shall— 
(A) identify alternative approaches for selecting 
foreign currency exchange rates that would produce
357 
more realistic estimates of amounts required to be ap-
propriated or otherwise made available for the De-
partment of Defense to accommodate foreign currency 
exchange rate fluctuations; 
(B) address the advantages and disadvantages of 
each approach identified pursuant to subparagraph 
(A); 
(C) identify the Secretary’s preferred approach 
among the alternatives identified pursuant to sub-
paragraph (A) and provide the Secretary’s rationale 
for preferring that approach. 
(3) In identifying alternative approaches pursuant to 
paragraph (2)(A), the Secretary shall examine— 
(A) approaches used by other Federal depart-
ments and agencies; and 
(B) the feasibility of using private economic fore-
casting. 
(b) COMPTROLLER GENERAL REVIEW AND REPORT.— 
The Comptroller General of the United States shall review 
the report under subsection (a), including the basis for the 
Secretary’s conclusions stated in the report, and shall sub-
mit to the Committees on Armed Services of the Senate and 
House of Representatives a report containing the Comp-
troller General’s conclusions with respect to that report.
358 
Such report shall be submitted not later than January 15, 
2005. 
Subtitle B—Naval Vessels and 
Shipyards 
SEC. 1011. AUTHORITY FOR AWARD OF CONTRACTS FOR 
SHIP DISMANTLING ON NET-COST BASIS. 
(a) IN GENERAL.—Chapter 633 of title 10, United 
States Code, is amended by inserting after section 7305 the 
following new section: 
‘‘§ 7305a. Vessels stricken from Naval Vessel Register: 
contracts for dismantling on net-cost 
basis 
‘‘(a) AUTHORITY FOR NET-COST BASIS CONTRACTS.— 
When the Secretary of the Navy awards a contract for the 
dismantling of a vessel stricken from the Naval Vessel Reg-
ister, the Secretary may award the contract on a net-cost 
basis. 
‘‘(b) RETENTION BY CONTRACTOR OF PROCEEDS OF 
SALE OF SCRAP AND REUSABLE ITEMS.—When the Sec-
retary awards a contract on a net-cost basis under sub-
section (a), the Secretary shall provide in the contract that 
the contractor may retain the proceeds from the sale of 
scrap and reusable items removed from the vessel disman-
tled under the contract. 
‘‘(c) DEFINITIONS.—In this section:
359 
‘‘(1) The term ‘net-cost basis’, with respect to a 
contract for the dismantling of a vessel, means that 
the amount to be paid to the contractor under the 
contract for dismantling and for removal and dis-
posal of hazardous waste material is discounted by 
the offeror’s estimate of the value of scrap and reus-
able items that the contractor will remove from the 
vessel during performance of the contract. 
‘‘(2) The term ‘scrap’ means personal property 
that has no value except for its basic material con-
tent. 
‘‘(3) The term ‘reusable item’ means a demili-
tarized component or a removable portion of a vessel 
or equipment that the Secretary of the Navy has iden-
tified as excess to the needs of the Navy but which has 
potential resale value on the open market.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 7305 the following new item: 
‘‘7305a. Vessels stricken from Naval Vessel Register: contracts for dismantling on 
net-cost basis.’’. 
SEC. 1012. INDEPENDENT STUDY TO ASSESS COST EFFEC-
TIVENESS OF THE NAVY SHIP CONSTRUCTION 
PROGRAM. 
(a) STUDY.—The Secretary of Defense shall provide for 
a study, to be conducted by an entity independent of the
360 
Department of Defense, of the cost effectiveness of the ship 
construction program of the Navy. The purpose of the study 
shall be to examine both— 
(1) a variety of approaches by which the Navy 
ship construction program could be made more effi-
cient in the near term; and 
(2) a variety of approaches by which, with a na-
tionally integrated effort over the next decade, the 
United States shipbuilding industry might be made 
competitive globally. 
(b) NEAR TERM IMPROVEMENTS IN EFFICIENCY.— 
With respect to the examination under subsection (a)(1) of 
approaches by which the Navy ship construction program 
could be made more efficient in the near term, the Secretary 
shall provide for the entity conducting the study— 
(1) to determine, with respect to each approach 
so examined, the cost savings that could result from 
implementation of that approach over each of the next 
10 years; 
(2) to recommend one or more of the approaches 
examined under subsection (a)(1) for implementation; 
and 
(3) for each approach recommended under para-
graph (2) for implementation, to develop a concept 
and implementation plan by which the recommended
361 
improvements could best be phased into the naval 
ship construction program. 
(c) GLOBAL COMPETITIVENESS OF UNITED STATES 
SHIPBUILDING INDUSTRY.—With respect to the examina-
tion under subsection (a)(2) of approaches by which, with 
a nationally integrated effort over the next decade, the 
United States shipbuilding industry might be made com-
petitive globally, the Secretary shall provide for the entity 
conducting the study— 
(1) to develop a plan to modernize the United 
States shipbuilding infrastructure within the next 
decade in order to make the United States ship-
building industry more competitive globally; and 
(2) to estimate the resources required to carry 
out a modernization plan developed under paragraph 
(1). 
(d) REPORT.—Not later than June 1, 2005, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report providing the results of the study under 
subsection (a). The report shall include the matters specified 
in subsections (b) and (c).
362 
SEC. 1013. AUTHORITY TO TRANSFER SPECIFIED FORMER 
NAVAL VESSELS TO CERTAIN FOREIGN COUN-
TRIES. 
(a) AUTHORITY
TO
TRANSFER
BY
GRANT.—The 
Prsident is authorized to transfer vessels to foreign countries 
on a grant basis under section 516 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j), as follows: 
(1) CHILE.—The ‘‘SPRUANCE’’ class destroyer 
O’BANNON (DD–987) to the Government of Chile. 
(2) 
PORTUGAL.—The 
‘‘OLIVER 
HAZARD 
PERRY’’ class guided missile frigate GEORGE 
PHILIP (FFG–12) to the Government of Portugal. 
(b) AUTHORITY TO TRANSFER BY SALE.—The Presi-
dent is authorized to transfer on a sale basis under section 
21 of the Arms Export Control Act (22 U.S.C. 2761) the 
‘‘ANCHORAGE’’ class dock landing ship ANCHORAGE 
(LSD–36) to the Taipei Economic and Cultural Represent-
ative Office in the United States (which is the Taiwan in-
strumentality designated pursuant to section 10(a) of the 
Taiwan Relations Act). 
(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF 
TRANSFERRED EXCESS DEFENSE ARTICLES.—The value of 
a vessel transferred to another country on a grant basis 
under section 516 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2321j) pursuant to authority provided by subsection 
(a) shall not be counted for the purposes of subsection (g)
363 
of that section in the aggregate value of excess defense arti-
cles transferred to countries under that section in any fiscal 
year. 
(d) COSTS OF TRANSFERS.—Any expense incurred by 
the United States in connection with a transfer authorized 
by this section shall be charged to the recipient (notwith-
standing section 516(e) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2321j (e)) in the case of a transfer author-
ized to be made on a grant basis under subsection (a)). 
(e) REPAIR AND REFURBISHMENT IN UNITED STATES 
SHIPYARDS.—To the maximum extent practicable, the 
President shall require, as a condition of the transfer of a 
vessel under this section, that the country to which the vessel 
is transferred have such repair or refurbishment of the vessel 
as is needed, before the vessel joins the naval forces of that 
country, performed at a shipyard located in the United 
States, including a United States Navy shipyard. 
(f) EXPIRATION OF AUTHORITY.—The authority to 
transfer a vessel under this section shall expire at the end 
of the two-year period beginning on the date of the enact-
ment of this Act.
364 
SEC. 1014. LIMITATION ON LEASING OF FOREIGN-BUILT 
VESSELS. 
(a) IN GENERAL.—(1) Chapter 141 of title 10, United 
States Code, is amended by inserting after section 2401a 
the following new section: 
‘‘§ 2401b. Limitation on lease of foreign-built vessels 
‘‘(a) LIMITATION.—The Secretary of a military de-
partment may not make a contract for a lease or charter 
of a vessel for a term of more than 12 months (including 
all options to renew or extend the contract) if the hull, a 
major component of the hull, or superstructure of the vessel 
is constructed in a foreign shipyard. 
‘‘(b) PRESIDENTIAL WAIVER FOR NATIONAL SECURITY 
INTEREST.—(1) The President may authorize exceptions to 
the limitation in subsection (a) when the President deter-
mines that it is in the national security interest of the 
United States to do so. 
‘‘(2) The President shall transmit notice to Congress 
of any such determination, and no contract may be made 
pursuant to the exception authorized until the end of the 
30-day period beginning on the date on which the notice 
of the determination is received by Congress.’’. 
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section 
2401a the following new item: 
‘‘2401b. Limitation on lease of foreign-built vessels.’’.
365 
(b) EFFECTIVE DATE.—Section 2401b of title 10, 
United States Code, as added by subsection (a), shall apply 
with respect to contracts entered into after the date of the 
enactment of this Act. 
Subtitle C—Sunken Military Craft 
SEC. 1021. PRESERVATION OF TITLE TO SUNKEN MILITARY 
CRAFT AND ASSOCIATED CONTENTS. 
Right, title, and interest of the United States in and 
to any United States sunken military craft shall not be ex-
tinguished by the passage of time, regardless of when the 
sunken military craft sank. 
SEC. 1022. PROHIBITIONS. 
(a) UNAUTHORIZED ACTIVITIES DIRECTED AT SUNK-
EN MILITARY CRAFT.—No person shall engage in or at-
tempt to engage in any activity directed at a sunken mili-
tary craft that disturbs, removes, or injures any sunken 
military craft, except— 
(1) as authorized by a permit under this subtitle; 
(2) as authorized by regulations issued under 
this subtitle; or 
(3) as otherwise authorized by law. 
(b) POSSESSION OF SUNKEN MILITARY CRAFT.—No 
person may possess, disturb, remove, or injure any sunken 
military craft in violation of— 
(1) this section; or
366 
(2) any prohibition, rule, regulation, ordinance, 
or permit that applies under any other applicable 
Federal, foreign, or other law. 
(c) LIMITATIONS ON APPLICATION.— 
(1) ACTIONS BY UNITED STATES.—This section 
shall not apply to actions taken by, or at the direc-
tion of, the United States. 
(2) FOREIGN PERSONS.—This section shall not 
apply to any action by a person who is not a citizen, 
national, or resident alien of the United States, except 
in accordance with— 
(A) generally recognized principles of inter-
national law; 
(B) an agreement between the United States 
and the foreign country of which the person is a 
citizen; or 
(C) in the case of an individual who is a 
crew member or other individual on a foreign 
vessel or foreign aircraft, an agreement between 
the United States and the flag State of the for-
eign vessel or aircraft that applies to the indi-
vidual. 
(3) LOAN OF SUNKEN MILITARY CRAFT.—This 
section does not prohibit the loan of United States
367 
sunken military craft in accordance with regulations 
issued by the Secretary concerned. 
SEC. 1023. PERMITS. 
(a) IN GENERAL.—The Secretary concerned may issue 
a permit authorizing a person to engage in an activity oth-
erwise prohibited by section 1022 with respect to a United 
States military craft, for archaeological, historical, or edu-
cational purposes, in accordance with regulations issued by 
such Secretary that implement this section. 
(b) CONSISTENCY WITH OTHER LAWS.—The Secretary 
concerned shall require that any activity carried out under 
a permit issued by such Secretary under this section must 
be consistent with all requirements and restrictions that 
apply under any other provision of Federal law. 
(c) CONSULTATION.—In carrying out this section (in-
cluding the issuance after the date of the enactment of this 
Act of regulations implementing this section), the Secretary 
concerned shall consult with the head of each Federal agency 
having authority under Federal law with respect to activi-
ties directed at sunken military craft or the locations of 
such craft. 
SEC. 1024. PENALTIES. 
(a) IN GENERAL.—Any person who violates this sub-
title, or any regulation or permit issued under this subtitle,
368 
shall be liable to the United States for a civil penalty under 
this section. 
(b) ASSESSMENT AND AMOUNT.—The Secretary con-
cerned may assess a civil penalty under this section, after 
notice and an opportunity for a hearing, of not more than 
$100,000 for each violation. 
(c) CONTINUING VIOLATIONS.—Each day of a contin-
ued violation of this subtitle or a regulation or permit 
issued under this subtitle shall constitute a separate viola-
tion for purposes of this section. 
SEC. 1025. LIABILITY FOR DAMAGES. 
(a) IN GENERAL.—Any person who engages in an ac-
tivity in violation of section 1022 or any regulation or per-
mit issued under this subtitle that disturbs, removes, or in-
jures any United States sunken military craft shall pay 
the United States enforcement costs and damages resulting 
from such disturbance, removal, or injury. 
(b) INCLUDED DAMAGES.—Damages referred to in 
subsection (a) may include— 
(1) the reasonable costs incurred in storage, res-
toration, 
care, 
maintenance, 
conservation, 
and 
curation of any sunken military craft that is dis-
turbed, removed, or injured in violation of section 
1022 or any regulation or permit issued under this 
subtitle; and
369 
(2) the cost of retrieving, from the site where the 
sunken military craft was disturbed, removed, or in-
jured, any information of an archaeological, histor-
ical, or cultural nature. 
SEC. 1026. RELATIONSHIP TO OTHER LAWS. 
(a) IN GENERAL.—Except to the extent that an activ-
ity is undertaken as a subterfuge for activities prohibited 
by this subtitle, nothing in this subtitle is intended to af-
fect— 
(1) any activity that is not directed at a sunken 
military craft; or 
(2) the traditional high seas freedoms of naviga-
tion, including— 
(A) the laying of submarine cables and 
pipelines; 
(B) operation of vessels; 
(C) fishing; or 
(D) other internationally lawful uses of the 
sea related to such freedoms. 
(b) INTERNATIONAL LAW.—This subtitle and any reg-
ulations implementing this subtitle shall be applied in ac-
cordance with generally recognized principles of inter-
national law and in accordance with the treaties, conven-
tions, and other agreements to which the United States is 
a party.
370 
(c) LAW OF FINDS.—The law of finds shall not apply 
to any United States sunken military craft, wherever lo-
cated. 
(d) LAW OF SALVAGE.—No salvage rights or awards 
shall be granted with respect to any sunken military craft 
without the express permission of the United States. 
(e) LAW OF CAPTURE OR PRIZE.—Nothing in this sub-
title is intended to alter the international law of capture 
or prize with respect to sunken military craft. 
(f) LIMITATION OF LIABILITY.—Nothing in sections 
4281 through 4287 and 4289 of the Revised Statutes (46 
U.S.C. App. 181 et seq.) or section 3 of the Act of February 
13, 1893 (chapter 105; 27 Stat. 445; 46 U.S.C. App. 192), 
shall limit the liability of any person under this section. 
(g) AUTHORITIES
OF
THE COMMANDANT
OF
THE 
COAST GUARD.—Nothing in this subtitle is intended to pre-
clude or limit the application of any other law enforcement 
authorities of the Commandant of the Coast Guard. 
(h) PRIOR DELEGATIONS, AUTHORIZATIONS, AND RE-
LATED REGULATIONS.—Nothing in this subtitle shall inval-
idate any prior delegation, authorization, or related regula-
tion that is consistent with this subtitle. 
(i) CRIMINAL LAW.—Nothing in this subtitle is in-
tended to prevent the United States from pursuing criminal
371 
sanctions for plundering of wrecks, larceny of Government 
property, or violation of any applicable criminal law. 
SEC. 1027. ENCOURAGEMENT OF AGREEMENTS WITH FOR-
EIGN COUNTRIES. 
The Secretary of State, in consultation with the Sec-
retary of Defense, is encouraged to negotiate and conclude 
bilateral and multilateral agreements with foreign countries 
with regard to sunken military craft consistent with this 
subtitle. 
SEC. 1028. DEFINITIONS. 
In this subtitle: 
(1) ASSOCIATED CONTENTS.—The term ‘‘associ-
ated contents’’ means— 
(A) the equipment, cargo, and contents of a 
sunken military craft that are within its debris 
field; and 
(B) the remains and personal effects of the 
crew and passengers of a sunken military craft 
that are within its debris field. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of a military department. 
(3) SUNKEN
MILITARY
AIRCRAFT.—The term 
‘‘sunken military aircraft’’ means any sunken mili-
tary aircraft that was owned or operated by the 
United States when it sank.
372 
(4) SUNKEN MILITARY CRAFT.—The term ‘‘sunk-
en military craft’’ means any sunken military vessel, 
sunken military aircraft, or associated contents, or 
any portion thereof, the title to which has not been 
abandoned or transferred in a manner prescribed by 
the United States. 
(5) SUNKEN
MILITARY
VESSEL.—The 
term 
‘‘sunken military vessel’’ means any sunken warship 
or naval auxiliary of the United States that is a pub-
lic vessel as that term is used in the Act of March 3, 
1925 (chapter 428; 46 U.S.C. App. 781 et seq.), popu-
larly known as the Public Vessels Act. 
(6) UNITED
STATES
CONTIGUOUS
ZONE.—The 
term ‘‘United States contiguous zone’’ means the con-
tiguous zone of the United States under Presidential 
Proclamation 7219, dated September 2, 1999. 
(7) UNITED
STATES
INTERNAL
WATERS.—The 
term ‘‘United States internal waters’’ means all wa-
ters of the United States on the landward side of the 
baseline from which the breadth of the United States 
territorial sea is measured. 
(8) UNITED
STATES
TERRITORIAL
SEA.—The 
term ‘‘United States territorial sea’’ means the waters 
of the United States territorial sea under Presidential 
Proclamation 5928, dated December 27, 1988.
373 
(9) 
UNITED
STATES
WATERS.—The 
term 
‘‘United States waters’’ means United States internal 
waters, the United States territorial sea, and the 
United States contiguous zone. 
Subtitle D—Counter-Drug Activities 
SEC. 1031. CONTINUATION OF AUTHORITY TO USE DEPART-
MENT OF DEFENSE FUNDS FOR UNIFIED 
COUNTERDRUG 
AND 
COUNTERTERRORISM 
CAMPAIGN IN COLOMBIA. 
(a) AUTHORITY TO PROVIDE ASSISTANCE.—During 
fiscal years 2005 and 2006, the Secretary of Defense may 
use funds made available to the Department of Defense for 
drug interdiction and counter-drug activities to provide as-
sistance to the Government of Colombia— 
(1) to support a unified campaign against nar-
cotics trafficking in Colombia; 
(2) to support a unified campaign against ac-
tivities by designated terrorist organizations, such as 
the Revolutionary Armed Forces of Colombia (FARC), 
the National Liberation Army (ELN), and the United 
Self-Defense Forces of Colombia (AUC); and 
(3) to take actions to protect human health and 
welfare in emergency circumstances, including under-
taking rescue operations.
374 
(b) RELATION TO OTHER ASSISTANCE AUTHORITY.— 
The authority provided by subsection (a) is in addition to 
other provisions of law authorizing the provision of assist-
ance to the Government of Colombia. 
SEC. 1032. LIMITATION ON NUMBER OF UNITED STATES 
MILITARY PERSONNEL IN COLOMBIA. 
(a) LIMITATION.—None of the funds available to the 
Department of Defense for any fiscal year may be used to 
support or maintain more than 500 members of the Armed 
Forces on duty in the Republic of Colombia at any time. 
(b) EXCLUSION OF CERTAIN MEMBERS.—For purposes 
of determining compliance with the limitation in subsection 
(a), the Secretary of Defense may exclude the following mili-
tary personnel: 
(1) A member of the Armed Forces in the Repub-
lic of Colombia for the purpose of rescuing or retriev-
ing United States military or civilian Government 
personnel, except that the period for which such a 
member may be so excluded may not exceed 30 days 
unless expressly authorized by law. 
(2) A member of the Armed Forces assigned to 
the United States Embassy in Colombia as an 
attache´, as a member of the security assistance office, 
or as a member of the Marine Corps security contin-
gent.
375 
(3) A member of the Armed Forces in Colombia 
to participate in relief efforts in responding to a nat-
ural disaster. 
(4) Nonoperational transient military personnel. 
(5) A member of the Armed Forces making a 
port call from a military vessel in Colombia. 
Subtitle E—Reports 
SEC. 1041. STUDY OF CONTINUED REQUIREMENT FOR TWO- 
CREW MANNING FOR BALLISTIC MISSILE SUB-
MARINES. 
(a) STUDY AND DETERMINATION.—The Secretary of 
Defense shall conduct a study of whether the practice of 
using two alternating crews (referred to as the ‘‘Gold Crew’’ 
and the ‘‘Blue Crew’’) for manning of ballistic missile sub-
marines (SSBNs) continues to be justified under the 
changed circumstances since the end of the Cold War and, 
based on that study, shall make a determination of whether 
that two-crew manning practice should be continued or 
should be modified or terminated. 
(b) REPORT.—Not later than six months after the date 
of the enactment of this Act, the Secretary shall submit to 
the Committees on Armed Services of the Senate and House 
of Representatives a report providing notice of the Sec-
retary’s determination under subsection (a) and the reasons 
for that determination.
376 
SEC. 1042. STUDY OF EFFECT ON DEFENSE INDUSTRIAL 
BASE OF ELIMINATION OF UNITED STATES 
DOMESTIC 
FIREARMS 
MANUFACTURING 
BASE. 
Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report describing in detail 
the effect on both military readiness and the defense indus-
trial base that would result from the elimination of the 
United States domestic firearms manufacturing base. 
SEC. 1043. STUDY OF EXTENT AND QUALITY OF TRAINING 
PROVIDED TO MEMBERS OF THE ARMED 
SERVICES TO PREPARE FOR POST-CONFLICT 
OPERATIONS. 
(a) STUDY REQUIRED.—The Secretary of Defense shall 
conduct a study to determine the extent to which members 
of the Armed Forces assigned to duty in support of contin-
gency operations receive training in preparation for post- 
conflict operations and to evaluate the quality of such train-
ing 
(b) MATTERS INCLUDED IN STUDY.—As part of the 
study under subsection (a), the Secretary shall specifically 
evaluate the following: 
(1) The doctrine, training, and leader-develop-
ment system necessary to enable members of the
377 
Armed Forces to successfully operate in post-conflict 
operations. 
(2) The adequacy of curricula at military edu-
cational facilities to ensure that the Armed Forces has 
a cadre of members skilled in post-conflict duties, for-
eign languages, and foreign cultures. 
(3) The training time and resources available to 
members and units to develop cultural awareness 
about ethnic backgrounds, religious beliefs, and polit-
ical loyalties of the people living in areas in which 
the Armed Forces operate. 
(4) The organization of the combatant commands 
to conduct post-conflict operations. 
(c) SUBMISSION OF STUDY RESULTS.—Not later than 
March 15, 2005, the Secretary of Defense shall submit to 
the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representa-
tives a report containing the results of the study conducted 
under this section. 
Subtitle F—Security Matters 
SEC. 1051. USE OF NATIONAL DRIVER REGISTER FOR PER-
SONNEL SECURITY INVESTIGATIONS AND DE-
TERMINATIONS. 
Section 30305(b) of title 49, United States Code, is 
amended—
378 
(1) by redesignating paragraphs (9) through (11) 
as paragraphs (10) through (12), respectively; and 
(2) by inserting after paragraph (8) the fol-
lowing new paragraph: 
‘‘(9) An individual who has or is seeking access to na-
tional security information for purposes of Executive Order 
12968, or any successor Executive order, or an individual 
who is being investigated for Federal employment under au-
thority of Executive Order 10450, or any successor Execu-
tive order, may request the chief driver licensing official of 
a State to provide information about the individual pursu-
ant to subsection (a) of this section to a Federal department 
or agency that is authorized to investigate the individual 
for the purpose of assisting in the determination of the eligi-
bility of the individual for access to national security infor-
mation or for Federal employment. A Federal department 
or agency that receives such information about an indi-
vidual may use it in accordance with applicable law.’’. 
SEC. 1052. STANDARDS FOR DISQUALIFICATION FROM ELI-
GIBILITY FOR DEPARTMENT OF DEFENSE SE-
CURITY CLEARANCE . 
(a) DISQUALIFIED PERSONS.—Subsection (c)(1) of sec-
tion 986 of title 10, United States Code, is amended— 
(1) by striking ‘‘and’’ and inserting ‘‘, was’’; and
379 
(2) and inserting before the period at the end the 
following: ‘‘, and was incarcerated as a result of that 
sentence for not less than one year’’. 
(b) WAIVER AUTHORITY.—Subsection (d) of such sec-
tion is amended to read as follows: 
‘‘(d) WAIVER AUTHORITY.—In a meritorious case, an 
exception to the prohibition in subsection (a) may be au-
thorized for a person described in paragraph (1) or (4) of 
subsection (c) if there are mitigating factors. Any such 
waiver may be authorized only in accordance with stand-
ards and procedures prescribed by, or under the authority 
of, an Executive order or other guidance issued by the Presi-
dent.’’. 
Subtitle G—Transportation-Related 
Matters 
SEC. 1061. USE OF MILITARY AIRCRAFT TO TRANSPORT 
MAIL TO AND FROM OVERSEAS LOCATIONS. 
(a) AUTHORITY FOR USE OF MILITARY AIRCRAFT.— 
Section 3401 of title 39, United States Code, is amended— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph 
(1)(A), by striking ‘‘title 49,’’ and inserting 
‘‘title 49, or on military aircraft at rates not to 
exceed those so fixed and determined for sched-
uled United States air carriers,’’; and
380 
(B) in the sentence following paragraph (3), 
by striking ‘‘carriers’’ each place it appears and 
inserting ‘‘carriers and military aircraft’’; and 
(2) in subsection (c)— 
(A) in the first sentence, by striking ‘‘title 
49,’’ and inserting ‘‘title 49, or on military air-
craft at rates not to exceed those so fixed and de-
termined for scheduled United States air car-
riers,’’; and 
(B) in the second sentence— 
(i) by inserting ‘‘and military air-
craft’’ after ‘‘carriers’’ the first place it ap-
pears; and 
(ii) by striking ‘‘by air carriers other 
than scheduled United States air carriers’’ 
and inserting ‘‘by other than scheduled 
United States air carriers and military air-
craft’’. 
(b) DEFINITION.—Such section is further amended by 
adding at the end the following new subsection: 
‘‘(g) In this section, the term ‘military aircraft’ means 
an aircraft owned, operated, or chartered by the Depart-
ment of Defense.’’.
381 
SEC. 1062. REORGANIZATION AND CLARIFICATION OF CER-
TAIN PROVISIONS RELATING TO CONTROL 
AND 
SUPERVISION 
OF 
TRANSPORTATION 
WITHIN THE DEPARTMENT OF DEFENSE. 
(a) TRANSFER
OF CERTAIN TRANSPORTATION AU-
THORITIES.—Sections 4744, 4745, 4746, and 4747 of title 
10, United States Code, are transferred to chapter 157 of 
such title, inserted (in that order) at the end of such chap-
ter, and redesignated as sections 2648, 2649, 2650, and 
2651, respectively. 
(b) CLARIFICATION
OF APPLICABILITY
OF TRANS-
FERRED AUTHORITIES THROUGHOUT THE DEPARTMENT 
OF DEFENSE.—(1) Section 2648 of such title, as transferred 
and redesignated by subsection (a), is amended— 
(A) by striking ‘‘Secretary of the Army’’ in the 
matter preceding paragraph (1) and inserting ‘‘Sec-
retary of Defense’’; 
(B) by striking ‘‘Army transport agencies’’ in 
the matter preceding paragraph (1) and all that fol-
lows through ‘‘military transport agency of’’; and 
(C) by striking paragraphs (1), (2), and (3); 
(D) by redesignating paragraph (4), (5), (6), 
and (7) as paragraphs (1), (2), (3), and (4), respec-
tively; 
(E) by redesignating paragraph (8) as para-
graph (5) and in that paragraph striking ‘‘persons
382 
described in clauses (1), (2), (4), (5), and (7)’’ and 
inserting ‘‘members of the armed forces, officers and 
employees of the Department of Defense or the Coast 
Guard, and persons described i paragraphs (1), (2), 
and (4)’’; and 
(F) by striking ‘‘clause (7) or (8)’’ in the last 
sentence and inserting ‘‘paragraph (4) or (5)’’. 
(2) Section 2649 of such title, as transferred and redes-
ignated by subsection (a), is amended— 
(A) by striking the section heading and inserting 
the following: 
‘‘§ 2649. Civilian passengers and commercial cargoes: 
transportation on Department of Defense 
vessels’’; 
(B) by striking ‘‘(1) on vessels’’ and all that fol-
lows through ‘‘Department of the Army’’; 
(C) by striking ‘‘any transport agency of’’; and 
(D) by striking ‘‘Secretary of the Army’’ and all 
that follows through ‘‘be transported’’ and inserting 
‘‘Secretary of Defense, be transported’’. 
(3) Section 2650 of such title, as transferred and redes-
ignated by subsection (a), is amended— 
(A) in the matter preceding paragraph (1), by 
striking ‘‘Army transport agencies’’ and all that fol-
lows through ‘‘military transport agency of’’;
383 
(B) in paragraph (1), by striking ‘‘Secretary of 
the Army’’ and inserting ‘‘Secretary of Defense’’; and 
(C) in paragraph (4), by striking ‘‘by air—’’ 
and all that follows through ‘‘the transportation can-
not’’ and inserting ‘‘by air, the transportation can-
not’’. 
(4) Section 2651 of such title, as transferred and redes-
ignated by subsection (a), is amended by striking ‘‘Army 
transport agencies’’ and all that follows and inserting ‘‘the 
Department of Defense, under regulations and at rates to 
be prescribed by the Secretary of Defense.’’. 
(c) REPEAL OF SUPERSEDED AND OBSOLETE PROVI-
SIONS.—The following sections of such title are repealed: 
sections 4741, 4743, 9741, 9743, and 9746. 
(d) CLERICAL AMENDMENTS.— 
(1) The table of sections at the beginning of 
chapter 157 of such title is amended by adding at the 
end the following new items: 
‘‘2648. Persons and supplies: sea transportation. 
‘‘2649. Civilian passengers and commercial cargoes: transportation on Depart-
ment of Defense vessels. 
‘‘2650. Civilian personnel in Alaska. 
‘‘2651. Passengers and merchandise to Guam: sea transport.’’. 
(2) The table of sections at the beginning of 
chapter 447 of such title is amended by striking the 
items relating to sections 4741, 4743, 4744, 4745, 
4746, and 4747.
384 
(3) The table of sections at the beginning of 
chapter 947 of such title is amended by striking the 
items relating to sections 9741, 9743, and 9746. 
SEC. 1063. DETERMINATION OF WHETHER PRIVATE AIR 
CARRIERS ARE CONTROLLED BY UNITED 
STATES CITIZENS FOR PURPOSES OF ELIGI-
BILITY FOR GOVERNMENT CONTRACTS FOR 
TRANSPORTATION OF PASSENGERS OR SUP-
PLIES. 
Section 2710 of the Emergency Wartime Supplemental 
Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 
601), is amended by adding at the end the following new 
sentence: ‘‘Any determination for purposes of this section 
of whether (in accordance with the first proviso of this sec-
tion) an air carrier is effectively controlled by citizens of 
the United States shall be made by, or shall be based on 
determinations made by, the Secretary of Transportation.’’. 
SEC. 1064. EVALUATION OF WHETHER TO PROHIBIT CER-
TAIN OFFERS FOR TRANSPORTATION OF SE-
CURITY-SENSITIVE CARGO. 
(a) EVALUATION REQUIREMENT.—The Secretary of 
Defense shall evaluate whether, and under what cir-
cumstances, in the award of service contracts for domestic 
freight transportation for security-sensitive cargo (such as 
arms, ammunitions, explosive, and classified material), the
385 
Secretary should not consider an offer or tender from more 
than one motor carrier that is part of a group of motor 
carriers under common financial or administrative control. 
In conducting the evaluation, the Secretary shall seek in-
dustry comment. 
(b) REPORT.—Not later than January 1, 2005, the 
Secretary of Defense shall submit to the Committees on 
Armed Services of the House of Representatives and the 
Senate a report on the results of the evaluation conducted 
under subsection (a). 
Subtitle H—Other Matters 
SEC. 1071. TWO-YEAR EXTENSION OF AUTHORITY OF THE 
SECRETARY OF DEFENSE TO ENGAGE IN COM-
MERCIAL ACTIVITIES AS SECURITY FOR IN-
TELLIGENCE 
COLLECTION 
ACTIVITIES 
ABROAD. 
Section 431(a) of title 10, United States Code, is 
amended by striking ‘‘December 31, 2004’’ and inserting 
‘‘December 31, 2006’’. 
SEC. 1072. ASSISTANCE FOR STUDY OF FEASIBILITY OF BI-
ENNIAL INTERNATIONAL AIR TRADE SHOW IN 
THE UNITED STATES AND FOR INITIAL IM-
PLEMENTATION. 
(a) 
ASSISTANCE
FOR
COMMUNITY
FEASIBILITY 
STUDY.—(1) The Secretary of Defense shall provide assist-
386 
ance to a community selected under subsection (d) for ex-
penses of a study by that community of the feasibility of 
the establishment and operation of a biennial international 
air trade show in the area of that community. 
(2) The Secretary shall provide for the community to 
submit to the Secretary a report containing the results of 
the study not later than September 30, 2005. The Secretary 
shall promptly submit the report to Congress, together with 
such comments on the report as the Secretary considers ap-
propriate. 
(b) ASSISTANCE FOR IMPLEMENTATION.—If the com-
munity conducting the study under subsection (a) deter-
mines that the establishment and operation of such an air 
show is feasible and should be implemented, the Secretary 
shall provide assistance to the community for the initial 
expenses of implementing such an air show in the selected 
community. 
(c) AMOUNT OF ASSISTANCE.—The amount of assist-
ance provided by the Secretary under subsections (a) and 
(b)— 
(1) may not exceed a total of $1,000,000, to be 
derived from amounts available for operation and 
maintenance for the Air Force for fiscal year 2005 or 
later fiscal years; and
387 
(2) may not exceed one-half of the cost of the 
study and may not exceed one-half the cost of such 
initial implementation. 
(d) SELECTION OF COMMUNITY.—The Secretary shall 
select a community for purposes of subsection (a) through 
the use of competitive procedures. In making such selection, 
the Secretary shall give preference to those communities that 
already sponsor an air show, have demonstrated a history 
of supporting air shows with local resources, and have a 
significant role in the aerospace community. The commu-
nity shall be selected not later than March 1, 2005. 
SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) CLARIFICATION OF DEFINITION OF ‘‘OPERATIONAL 
RANGE’’.—Section 101(e)(3) of title 10, United States Code, 
is amended by striking ‘‘Secretary of Defense’’ and insert-
ing ‘‘Secretary of a military department’’. 
(b) AMENDMENTS RELATING TO DEFINITION OF CON-
GRESSIONAL DEFENSE COMMITTEES.— 
(1) Chapter 169 of such title is amended as fol-
lows: 
(A) Paragraph (4) of section 2801(c) is 
amended to read as follows: 
‘‘(4) The term ‘congressional defense committees’ 
includes, with respect to any project to be carried out
388 
by, or for the use of, an intelligence component of the 
Department of Defense— 
‘‘(A) the Permanent Select Committee on 
Intelligence of the House of Representatives; and 
‘‘(B) the Select Committee on Intelligence of 
the Senate.’’. 
(B) The following sections are amended by 
striking ‘‘appropriate committees of Congress’’ 
each place it appears and inserting ‘‘congres-
sional defense committees’’: sections 2803(b), 
2804(b), 
2805(b)(2), 
2806(c)(2), 
2807(b), 
2807(c), 
2808(b), 
2809(f)(1), 
2811(d), 
2812(c)(1)(A), 
2813(c), 
2814(a)(2)(A), 
2814(g)(1), 2825(b)(1), 2827(b), 2828(f), 2835(g), 
2836(f), 
2837(c)(2), 
2853(c)(2), 
2854(b), 
2854a(c)(1), 2865(e)(2), 2866(c)(2), 2875(e), 
2881a(d)(2), 2881a(e), 2883(f), and 2884(a). 
(2) Section 2215 is amended— 
(A) by striking ‘‘(a) CERTIFICATION RE-
QUIRED.—’’; 
(B) by striking ‘‘congressional committees 
specified in subsection (b)’’ and inserting ‘‘con-
gressional defense committees’’; and 
(C) by striking subsection (b).
389 
(3) Section 2306b(g) is amended by striking 
‘‘Committee on’’ the first place it appears and all 
that follows through ‘‘House of Representatives’’ and 
inserting ‘‘congressional defense committees’’. 
(4) Section 2515(d) is amended— 
(A) by striking ‘‘(1)’’ before ‘‘The Sec-
retary’’; 
(B) by striking ‘‘congressional committees 
specified in paragraph (2)’’ and inserting ‘‘con-
gressional defense committees’’; and 
(C) by striking paragraph (2). 
(5) Section 2676(d) is amended by striking ‘‘ap-
propriate committees of Congress’’ at the end of the 
first sentence and inserting ‘‘congressional defense 
committees’’. 
(6) Section 2694a is amended by striking ‘‘ap-
propriate committees of Congress’’ in subsections (e) 
and (i)(1) and inserting ‘‘congressional defense com-
mittees’’. 
(c) AMENDMENTS RELATING TO DEFINITION OF BASE 
CLOSURE LAWS.— 
(1) Section 2694a(i) of title 10, United States 
Code, is amended by striking paragraph (2). 
(2) Paragraph (1) of section 1333(i) of the Na-
tional Defense Authorization Act for Fiscal Year 1994
390 
(Public Law 103–160; 10 U.S.C. 2701 note) is 
amended to read as follows: 
‘‘(1) BASE CLOSURE LAW.—The term ‘base clo-
sure law’ has the meaning given such term in section 
101(a)(17) of title 10, United States Code.’’. 
(3) Subsection (b) of section 2814 of the Military 
Construction Authorization Act for Fiscal Year 1995 
(division B of Public Law 103–337; 10 U.S.C. 2687 
note) is amended to read as follows: 
‘‘(b) BASE CLOSURE LAW DEFINED.—In this section, 
the term ‘base closure law’ has the meaning given such term 
in section 101(a)(17) of title 10, United States Code.’’. 
(4) Subsection (c) of section 3341 of title 5, 
United States Code, is amended to read as follows: 
‘‘(c) For purposes of this section, the term ‘base closure 
law’ has the meaning given such term in section 101(a)(17) 
of title 10.’’. 
(5)(A) Paragraph (1) of section 554(a) of title 
40, United States Code, is amended to read as follows: 
‘‘(1) BASE CLOSURE LAW.—The term ‘base clo-
sure law’ has the meaning given that term in section 
101(a)(17) of title 10.’’. 
(B) Subparagraph (B) of section 572(b)(1) of 
title 40 is amended to read as follows:
391 
‘‘(B) BASE CLOSURE LAW.—The term ‘base 
closure law’ has the meaning given that term in 
section 101(a)(17) of title 10.’’. 
(d) DEFINITION OF STATE FOR PURPOSES OF SECTION 
2694A.—Subsection (i) of section 2694a of title 10, United 
States Code, as amended by subsections (b)(6) and (c)(1), 
is further amended— 
(1) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) The term ‘State’ includes the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Guam, 
the Virgin Islands, and American Samoa.’’; and 
(2) by striking paragraph (4). 
(e) MISCELLANEOUS AMENDMENTS
TO TITLE 10, 
UNITED STATES CODE.—Title 10, United States Code, is 
amended as follows: 
(1) The tables of chapters at the beginning of 
subtitle A, and at the beginning of part I of subtitle 
A, are amended by striking ‘‘481’’ in the item relat-
ing to chapter 23 and inserting ‘‘480’’. 
(2) Section 130a is amended— 
(A) by striking ‘‘Effective October 1, 2002, 
the’’ in subsection (a) and inserting ‘‘The’’;
392 
(B) by striking ‘‘baseline number’’ in sub-
section (a) and all that follows through ‘‘means 
the’’ in subsection (c); 
(C) by transferring subsection (e) so as to 
appear before subsection (d) and redesignating 
that subsection as subsection (b); 
(D) by redesignating subsections (d) and (f) 
as subsection (c) and (d), respectively; and 
(E) by striking subsection (g). 
(3) Section 437(c) is amended by inserting ‘‘(50 
U.S.C. 415b)’’ after ‘‘National Security Act of 1947’’. 
(4) Section 487(d) is amended by striking 
‘‘OTHER DEFINITIONS’’ and inserting ‘‘INAPPLICA-
BILITY TO COAST GUARD’’. 
(5) Section 503(c)(1)(B) is amended by striking 
‘‘education’’ in the second sentence and inserting 
‘‘educational’’. 
(6) Section 632(c)(1) is amended— 
(A) by striking ‘‘paragraph (2)’’ and insert-
ing ‘‘paragraph (3)’’; and 
(B) by striking ‘‘under that paragraph’’ 
and inserting ‘‘under that subsection’’. 
(7) The item relating to section 1076b in the 
table of sections at the beginning of chapter 55 is 
amended to read as follows: 
‘‘1076b. TRICARE program: coverage for members of the Ready Reserve.’’.
393 
(8) Section 1108(e) is amended by striking 
‘‘heath’’ and inserting ‘‘health’’. 
(9) Section 1406(g) is amended— 
(A) by striking ‘‘section 305’’ and inserting 
‘‘section 245’’; and 
(B) by inserting ‘‘(33 U.S.C. 3045)’’ after 
‘‘of 2002’’. 
(10) 
Sections 
1448(b)(1)(F), 
1448(d)(2)(B), 
1448(d)(6)(A), and 1458(j) are amended by striking 
‘‘on or after the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2004’’ and 
inserting ‘‘after November 23, 2003,’’. 
(11) 
Sections 
1463(a), 
1465(c)(1)(A), 
1465(c)(1)(B), 
1465(c)(4)(A), 
1465(c)(4)(B), 
and 
1466(b)(2)(D) are amended by striking ‘‘1413, 
1413a,’’ and inserting ‘‘1413a’’. 
(12) Section 1557(b) is amended ‘‘Effective Octo-
ber 1, 2002, final’’ and inserting ‘‘Final’’. 
(13) Section 1566 is amended— 
(A) in subsection (g)(2), by striking ‘‘the 
date that is 6 months after the date of the enact-
ment of the Help America Vote Act of 2002’’ in 
the last sentence and inserting ‘‘April 29, 2003’’; 
and
394 
(B) in subsections (h), (i)(1), and (i)(3), by 
striking ‘‘Armed Forces’’ and inserting ‘‘armed 
forces’’. 
(14) Sections 1724(d) and 1732(d)(1) are 
amended by striking ‘‘its decision’’ in the second sen-
tence and inserting ‘‘the decision of the Secretary’’. 
(15) Section 1761(b) is amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘provide for—’’ and inserting ‘‘pro-
vide for the following:’’; 
(B) in paragraphs (1), (2), and (3), by cap-
italizing the first letter of the first word; 
(C) at the end of paragraphs (1) and (2), 
by striking the semicolon and inserting a period; 
(D) at the end of paragraph (3), by striking 
‘‘; and’’ and inserting a period; and 
(E) by striking paragraph (4). 
(16) Section 2193b(c)(2) is amended by striking 
‘‘the date of the enactment of this section’’ and insert-
ing ‘‘October 5, 1999’’. 
(17) Section 2224(c) is amended in the matter 
preceding paragraph (1) by striking ‘‘subtitle II of 
chapter 35’’ and inserting ‘‘subchapter II of chapter 
35’’.
395 
(18) Section 2349(d) is amended by striking 
‘‘section 
2350a(i)(3)’’ 
and 
inserting 
‘‘section 
2350a(i)(2)’’. 
(19) Section 2350b(g) is amended— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘the Secretary of Defense’’ after 
‘‘authorizing’’; and 
(B) in paragraph (1), by striking ‘‘the Sec-
retary of Defense’’. 
(20) Section 2540(b)(2) is amended by inserting 
‘‘, as in effect on that date’’ before the period at the 
end. 
(21) Section 2662(a)(2) is amended— 
(A) in the first sentence, by striking ‘‘must 
include a summarization’’ and inserting ‘‘shall 
include a summary’’; and 
(B) in the second sentence, by inserting ‘‘of 
paragraph (1)’’ after ‘‘in subparagraph (E)’’. 
(22) Section 2672a(a) is amended— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘in any case in which the Secretary 
determines’’ after ‘‘in land’’; 
(B) in paragraph (1), by striking ‘‘the Sec-
retary determines’’ and inserting ‘‘the acquisi-
tion’’; and
396 
(C) in paragraph (2), by inserting ‘‘the ac-
quisition’’ after ‘‘(2)’’. 
(23) Section 2701 is amended— 
(A) in subsection (a)(2), by inserting ‘‘(42 
U.S.C. 9620)’’ before the period at the end; 
(B) in subsection (c)(2), by striking ‘‘of 
CERCLA (relating to settlements)’’ and insert-
ing ‘‘(relating to settlements) of CERCLA (42 
U.S.C. 9622)’’; 
(C) in subsection (e), by inserting ‘‘(42 
U.S.C. 9619)’’ after ‘‘CERCLA’’; and 
(D) in subsection (j)(2), by striking ‘‘the 
Comprehensive’’ and all the follows through ‘‘of 
1980’’ and inserting ‘‘CERCLA’’. 
(24) Section 2702 is amended by inserting ‘‘(42 
U.S.C. 9660(a)(5))’’ in the second sentence of sub-
section (a) before the period at the end. 
(25) Section 2703(b) is amended by striking 
‘‘The terms’’ at the beginning of the second sentence 
and inserting ‘‘For purposes of the preceding sentence, 
the terms’’. 
(26) Section 2704 is amended by inserting ‘‘(42 
U.S.C. 9604(i))’’ in subsections (c), (e), and (f) after 
‘‘CERCLA’’.
397 
(27) The second section 3755, added by section 
543(b)(1) of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003 (Public Law 107– 
314; 116 Stat. 2549), is redesignated as section 3756, 
and the item relating to that section in the table of 
sections at the beginning of chapter 357 is revised to 
reflect such redesignation. 
(28) Section 4689 is amended by striking 
‘‘Building’’ after ‘‘Capitol’’. 
(29) The second section 6257, added by section 
543(c)(1) of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003 (Public Law 107– 
314; 116 Stat. 2549), is redesignated as section 6258, 
and the item relating to that section in the table of 
sections at the beginning of chapter 567 is revised to 
reflect such redesignation. 
(30) Section 7102 is amended— 
(A) by striking ‘‘AUTHORITY’’ at the begin-
ning of subsection (a) and inserting ‘‘MASTER 
OF MILITARY STUDIES’’; 
(B) by striking ‘‘MARINE CORPS WAR COL-
LEGE’’ at the beginning of subsection (b) and in-
serting ‘‘MASTER OF STRATEGIC STUDIES’’; 
(C) by striking ‘‘COMMAND AND STAFF COL-
LEGE OF THE MARINE CORPS UNIVERSITY’’ at
398 
the beginning of subsection (c) and inserting 
‘‘MASTER OF OPERATIONAL STUDIES’’; and 
(D) by striking ‘‘subsections (a) and (b)’’ in 
subsection (d) and inserting ‘‘this section’’. 
(31) Section 8084 is amended by striking 
‘‘capabilty’’ and inserting ‘‘capability’’. 
(32) The second section 8755, added by section 
543(d)(1) of the Bob Stump National Defense Author-
ization Act for Fiscal Year 2003 (Public Law 107– 
314; 116 Stat. 2550), is redesignated as section 8756, 
and the item relating to that section in the table of 
sections at the beginning of chapter 857 is revised to 
reflect such redesignation. 
(33) The table in section 12012(a) is amended by 
inserting a colon after ‘‘Air National Guard’’. 
(f) TITLE 37, UNITED STATES CODE.—Section 323(h) 
of title 37, United States Code, is amended by striking ‘‘Sec-
retary of Transportation’’ and inserting ‘‘Secretary of 
Homeland Security’’. 
(g) PUBLIC LAW 108–136.—Effective as of November 
24, 2003, and as if included therein as enacted, the Na-
tional Defense Authorization Act for Fiscal Year 2004 (Pub-
lic Law 108–136) is amended as follows:
399 
(1) Sections 832(a) and 834(a) (117 Stat. 1550) 
are each amended by striking ‘‘such title’’ and insert-
ing ‘‘title 10, United States Code,’’ 
(2) Section 931(a)(1) (117 Stat. 1580) is amend-
ed by striking ‘‘and donations’’ in the first quoted 
matter and inserting ‘‘or donations’’. 
(3) Section 2204(b) (117 Stat. 1706) is amended 
by striking ‘‘section 2101(a)’’ each place it appears 
and inserting ‘‘section 2201(a)’’. 
(h) PUBLIC LAW 107–314.—Effective as of December 
2, 2002, and as if included therein as enacted, section 
1064(a)(2) of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003 (Public Law 107–314; 116 
Stat. 2654) is amended by inserting ‘‘the item relating to’’ 
after ‘‘is amended by inserting after’’. 
(i) PUBLIC LAW 101–510.—Section 2902(e)(2)(B) of 
the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101–510; 10 U.S.C. 
2687 note) is amended— 
(1) in clause (i), by striking ‘‘Subcommittee on 
Readiness, Sustainability, and Support’’ and insert-
ing ‘‘Subcommittee on Readiness and Management 
Support’’; and
400 
(2) in clause (ii), by striking ‘‘Subcommittee on 
Military Installations and Facilities’’ and inserting 
‘‘Subcommittee on Readiness’’. 
(j) NATIONAL SECURITY ACT
OF 1947.—Sections 
702(a)(6)(B)(iv)(I), 
703(a)(6)(B)(iv)(I), 
and 
704(f)(2)(D)(i) of the National Security Act of 1947 are 
amended by striking ‘‘responsible records’’ and inserting 
‘‘responsive records’’. 
(k) CODIFICATION RELATING TO LEAVE FOR ATTEND-
ANCE AT CERTAIN HEARINGS.—Subsection (b) of section 
363 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (10 U.S.C. 704 note) is— 
(1) transferred to section 704 of title 10, United 
States Code; 
(2) inserted at the end of that section; 
(3) redesignated as subsection (c); and 
(4) amended— 
(A) by striking ‘‘Armed Forces’’ each place 
it appears and inserting ‘‘armed forces’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘Secretary of each’’ and 
all that follows through ‘‘in the Navy,’’ and 
inserting ‘‘Secretary concerned’’; and 
(ii) by striking ‘‘(as defined in section 
101 of title 10, United States Code)’’; and
401 
(C) in paragraph (3)— 
(i) by striking ‘‘For purposes of this 
subsection—’’ and inserting ‘‘In this sub-
section:’’; 
(ii) in subparagraph (A), by striking 
‘‘title 10, United States Code’’ and inserting 
‘‘this title’’; and 
(iii) in subparagraph (B), by striking 
‘‘such term’’ and inserting ‘‘that term’’. 
SEC. 1074. COMMISSION ON THE LONG-TERM IMPLEMENTA-
TION OF THE NEW STRATEGIC POSTURE OF 
THE UNITED STATES. 
(a) ESTABLISHMENT OF COMMISSION.— 
(1) ESTABLISHMENT.—There is hereby estab-
lished a commission to be known as the ‘‘Commission 
on the Long-Term Implementation of the New Stra-
tegic Posture of the United States’’. The Secretary of 
Defense shall enter into a contract with a federally 
funded research and development center to provide for 
the organization, management, and support of the 
Commission. Such contract shall be entered into in 
consultation with the Secretary of Energy. 
(2) COMPOSITION.—(A) The Commission shall be 
composed of 12 members who shall be appointed by 
the Secretary of Defense. In selecting individuals for
402 
appointment to the Commission, the Secretary of De-
fense shall consult with the chairman and ranking 
minority member of the Committee on Armed Services 
of the Senate and the chairman and ranking minor-
ity member of the Committee on Armed Services of 
the House of Representatives. 
(B) Members of the Commission shall be ap-
pointed from among private United States citizens 
with knowledge and expertise in the political, mili-
tary, operational, and technical aspects of nuclear 
strategy. 
(3) CHAIRMAN OF THE COMMISSION.—The Sec-
retary of Defense shall designate one of the members 
of the Commission to serve as chairman of the Com-
mission. 
(4) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the Com-
mission. Any vacancy in the Commission shall be 
filled in the same manner as the original appoint-
ment. 
(5) SECURITY CLEARANCES.—All members of the 
Commission shall hold appropriate security clear-
ances. 
(b) DUTIES OF COMMISSION.—
403 
(1) REVIEW
OF LONG-TERM IMPLEMENTATION 
OF THE NUCLEAR POSTURE REVIEW.—The Commis-
sion shall examine long-term programmatic require-
ments to achieve the goals set forth in the report of 
the Secretary of Defense submitted to Congress on De-
cember 31, 2001, providing the results of the Nuclear 
Posture Review conducted pursuant to section 1041 of 
the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by Pub-
lic Law 106–398; 114 Stat. 1654, 1654A–262) and 
results of periodic assessments of the Nuclear Posture 
Review. Matters examined by the Commission shall 
include the following: 
(A) The process of establishing requirements 
for strategic forces and how that process accom-
modates employment of nonnuclear strike plat-
forms and munitions in a strategic role. 
(B) How strategic intelligence, reconnais-
sance, and surveillance requirements differ from 
nuclear intelligence, reconnaissance, and surveil-
lance requirements. 
(C) The ability of a limited number of stra-
tegic platforms to carry out a growing range of 
nonnuclear strategic strike missions.
404 
(D) The limits of tactical systems to per-
form nonnuclear global strategic missions in a 
prompt manner. 
(E) An assessment of the ability of the cur-
rent nuclear stockpile to address the evolving 
strategic threat environment through 2025. 
(2) RECOMMENDATIONS.—The Commission shall 
include in its report recommendations with respect to 
the following: 
(A) Changes to the requirements process to 
employ nonnuclear strike platforms and muni-
tions in a strategic role. 
(B) Changes to the nuclear stockpile and in-
frastructure required to preserve a nuclear capa-
bility commensurate with the changes to the stra-
tegic threat environment through 2025. 
(C) Actions the Secretary of Defense and the 
Secretary of Energy can take to preserve flexi-
bility of the defense nuclear comples while reduc-
ing the cost of a Cold War strategic infrastruc-
ture. 
(D) Identify shortfalls in the strategic mod-
ernization programs of the United States that 
would undermine the ability of the United States
405 
to develop new nonnuclear strategic strike capa-
bilities. 
(3) COOPERATION
FROM
GOVERNMENT
OFFI-
CIALS.—(A) In carrying out its duties, the Commis-
sion shall receive the full and timely cooperation of 
the Secretary of Defense, the Secretary of Energy, and 
any other United States Government official in pro-
viding the Commission with analyses, briefings, and 
other information necessary for the fulfillment of its 
responsibilities. 
(B) The Secretary of Energy and the Secretary 
of Defense shall each designate at least one officer or 
employee of the Department of Energy and the De-
partment of Defense, respectively, to serve as a liaison 
officer between the department and the Commission. 
(c) REPORTS.— 
(1) COMMISSION
REPORT.—The Commission 
shall submit to the Secretary of Defense and the Com-
mittees on Armed Services of the Senate and House 
of Representatives a report on the Commission’s find-
ings and conclusions. Such report shall be submitted 
not later that 28 months after the date of the first 
meeting of the Commission. 
(2) SECRETARY
OF
DEFENSE
RESPONSE.—Not 
later than one year after the date on which the Com-
406 
mission submits its report under paragraph (1), the 
Secretary of Defense shall submit to Congress a re-
port— 
(A) commenting on the Commission’s find-
ings and conclusions; and 
(B) explaining what actions, if any, the 
Secretary intends to take to implement the rec-
ommendations of the Commission and, with re-
spect to each such recommendation, the Sec-
retary’s reasons for implementing, or not imple-
menting, the recommendation. 
(d) HEARINGS AND PROCEDURES.— 
(1) HEARINGS.—The Commission may, for the 
purpose of carrying out the purposes of this section, 
hold hearings and take testimony. 
(2) PROCEDURES.—The federally funded re-
search and development center with which a contract 
is entered into under subsection (a)(1) shall be re-
sponsible for establishing appropriate procedures for 
the Commission. 
(3) DETAIL
OF
GOVERNMENT
EMPLOYEES.— 
Upon request of the chairman of the Commission, the 
head of any Federal department or agency may de-
tail, on a nonreimbursable basis, personnel of that de-
407 
partment or agency to the Commission to assist it in 
carrying out its duties. 
(e) FUNDING.—Funds for activities of the Commission 
shall be provided from amounts appropriated for the De-
partment of Defense. 
(f) TERMINATION OF COMMISSION.—The Commission 
shall terminate 60 days after the date of the submission of 
its report under subsection (c)(1). 
(g) IMPLEMENTATION.— 
(1) FFRDC CONTRACT.—The Secretary of De-
fense shall enter into the contract required under sub-
section (a)(1) not later that 60 days after the date of 
the enactment of this Act. 
(2) FIRST MEETING.—The Commission shall con-
vene its first meeting not later than 60 days after the 
date as of which all members of the Commission have 
been appointed. 
SEC. 1075. LIABILITY PROTECTION FOR CERTAIN DEPART-
MENT OF DEFENSE VOLUNTEERS WORKING 
IN THE MARITIME ENVIRONMENT. 
(a) AUTHORITY
TO ACCEPT CERTAIN VOLUNTEER 
SERVICES.—Subsection (a) of section 1588 of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph:
408 
‘‘(8) Voluntary services provided to the United 
States Military Academy, United States Naval Acad-
emy, and United States Air Force Academy for the 
training of cadets and midshipmen.’’. 
(b) LIABILITY PROTECTION FOR VOLUNTEERS IN MAR-
ITIME ENVIRONMENT.—Subparagraph (D) of subsection 
(d)(1) of such section is amended— 
(1) by striking ‘‘and’’ after ‘‘this title’’ and in-
serting a comma; and 
(2) by inserting before the period at the end the 
following: ‘‘, and chapters 20 and 22 of title 46 (relat-
ing to claims for damages or loss on navigable wa-
ters)’’. 
SEC. 1076. TRANSFER OF HISTORIC F3A-1 BREWSTER COR-
SAIR AIRCRAFT. 
(a) AUTHORITY TO CONVEY.—The Secretary of the 
Navy may convey, without consideration, to Lex Cralley, 
of Princeton Minnesota (in this section referred to as 
‘‘transferee’’), all right, title and interest of the United 
States in and to a F3A-1 Brewster Corsair aircraft (Bureau 
Number 04634). The conveyance shall be made by means 
of a deed of gift. 
(b) CONDITION OF AIRCRAFT.—The aircraft shall be 
conveyed under subsection (a) in its current unflyable, ‘‘as 
is’’ condition. The Secretary is not required to repair or
409 
alter the condition of the aircraft before conveying owner-
ship of the aircraft. 
(c) CONVEYANCE
AT NO COST
TO
THE UNITED 
STATES.—The conveyance of the aircraft under subsection 
(a) shall be made at no cost to the United States. Any costs 
associated with the conveyance and costs of operation and 
maintenance of the aircraft conveyed shall be borne by the 
transferee. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with a conveyance under this section as the 
Secretary considers appropriate to protect the interests of 
the United States. 
TITLE XI—DEPARTMENT OF 
DEFENSE CIVILIAN PERSONNEL 
SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BEN-
EFIT PREMIUMS FOR MOBILIZED FEDERAL 
EMPLOYEES. 
(a) AUTHORITY TO CONTINUE BENEFIT COVERAGE.— 
Section 8905a of title 5, United States Code is amended— 
(1) in subsection (a), by striking ‘‘paragraph (1) 
or (2) of’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(B), by striking ‘‘and’’ 
at the end;
410 
(B) in paragraph (2)(C), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) any employee who— 
‘‘(A) is enrolled in a health benefits plan 
under this chapter; 
‘‘(B) is a member of a Reserve component 
of the armed forces; 
‘‘(C) is called or ordered to active duty in 
support of a contingency operation (as defined 
in section 101(a)(13) of title 10); 
‘‘(D) is placed on leave without pay or sep-
arated from service to perform active duty; and 
‘‘(E) serves on active duty for a period of 
more than 30 consecutive days.’’; and 
(4) in subsection (e)(1)— 
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) in the case of an employee described in 
subsection (b)(3), the date which is 24 months
411 
after the employee is placed on leave without pay 
or separated from service to perform active 
duty.’’. 
(b) AUTHORITY FOR AGENCIES TO PAY PREMIUMS.— 
Subparagraph (C) of section 8906(e)(3) of such title is 
amended by striking ‘‘18 months’’ and inserting ‘‘24 
months’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to Federal employees called 
or ordered to active duty on or after September 14, 2001. 
SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY. 
Section 1596a of title 10, United States Code, is 
amended— 
(1) in subsection (a)(2), by striking ‘‘during a 
contingency operation supported by the armed 
forces’’; and 
(2) in subsection (c), by inserting before the pe-
riod at the end the following: ‘‘and shall not be con-
sidered base pay for any purpose’’. 
SEC. 1103. PAY PARITY FOR CIVILIAN INTELLIGENCE PER-
SONNEL. 
Section 1602 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a), by striking ‘‘in relation to 
the rates of pay provided in subpart D of part III of
412 
title 5 for positions subject to that subpart which have 
corresponding levels of duties and responsibilities’’ 
and inserting ‘‘in relation to the rates of pay pro-
vided for Department of Defense Senior Executive, 
Senior Level, and other comparable positions’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) PERFORMANCE APPRAISAL SYSTEM.—The posi-
tions referred to in subsection (a) shall be subject to a per-
formance appraisal system which, as designed and applied, 
is certified by the Secretary of Defense as making meaning-
ful distinctions based on relative performance and may be 
the same performance appraisal system established and im-
plemented within the Department for members of the Senior 
Executive Service.’’. 
SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN NON-
APPROPRIATED FUND INSTRUMENTALITIES. 
(a) IN GENERAL.—Chapter 81 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 1599e. Senior executive compensation for non-
appropriated fund instrumentalities 
‘‘Notwithstanding any provisions of title 5, the Sec-
retary of Defense may regulate the amount of total com-
pensation, including the rate of basic pay, of senior execu-
413 
tives employed by Department of Defense nonappropriated 
fund instrumentalities, to provide for parity with the total 
compensation, including basic pay, of Department of De-
fense employees in the Senior Executive Service and other 
similar senior executive positions.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 1599d the following new item: 
‘‘1599e. Senior executive compensation for nonappropriated fund instrumental-
ities.’’. 
SEC. 1105. PROHIBITION OF UNAUTHORIZED WEARING OR 
USE OF CIVILIAN MEDALS OR DECORATIONS. 
Chapter 57 of title 10, United States Code, is amended 
by adding at the end the following new section: 
‘‘§ 1134. Civilian medals or decorations of the Depart-
ment of Defense 
‘‘(a) PROHIBITION.—Except with the written permis-
sion of the Secretary of Defense or when authorized by regu-
lations, no person may knowingly— 
‘‘(1) wear; or 
‘‘(2) use, in connection with any merchandise, 
retail product, impersonation, solicitation, or com-
mercial activity; 
medals, decorations, or other insignia awarded by the Sec-
retary of Defense to recognize Department of Defense civil-
414 
ian employees and other individuals who render service to 
the Department of Defense. 
‘‘(b) AUTHORITY TO ENJOIN VIOLATIONS.—Whenever 
it appears to the Attorney General that any person is en-
gaged or is about to engage in an act or practice which 
constitutes or will constitute conduct prohibited by sub-
section (a), the Attorney General may initiate a civil pro-
ceeding in a district court of the United States to enjoin 
such act or practice. Such court shall proceed as soon as 
practicable to the hearing and determination of such action 
and may, at any time before final determination, enter such 
restraining orders or prohibitions, or take such other ac-
tions as is warranted, including imposing a civil penalty 
not to exceed $25,000 for each violation, to prevent injury 
to the United States or to any person or class of persons 
for whose protection the action is brought.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘1134. Civilian medals or decorations of the Department of Defense.’’
415 
TITLE XII—MATTERS RELATING 
TO OTHER NATIONS 
Subtitle 
A—Matters 
Relating 
to 
Iraq, Afghanistan, and Global 
War on Terrorism 
SEC. 1201. DOCUMENTATION OF CONDITIONS IN IRAQ 
UNDER FORMER DICTATORIAL GOVERNMENT 
AS PART OF TRANSITION TO POST-DICTATO-
RIAL GOVERNMENT. 
(a) FINDINGS.—The Congress makes the following 
findings: 
(1) The regime of Saddam Hussein in Iraq was 
a dictatorial regime prone to secrecy in the mainte-
nance of its hold on power. 
(2) The people of Iraq all suffered as a result of 
Saddam Hussein’s dictatorial control. 
(3) Efforts in other post-dictatorial states to doc-
ument the crimes and abuses of their predecessor dic-
tatorial governments have contributed to the process 
of national reconciliation and have served as a re-
minder about the importance of protecting individual 
rights. 
(b) 
TRANSFER
OF
CERTAIN
DOCUMENTS
AND 
RECORDS.—The Secretary of Defense shall, to the extent 
practicable, establish a process for expeditiously transfer-
416 
ring to indigenous Iraqi entities committed to documenting 
publicly the nature of the Saddam Hussein regime any doc-
uments and records described in subsection (c) that are ob-
tained by United States military forces in Iraq. 
(c) COVERED DOCUMENTS AND RECORDS.—The docu-
ments and records referred to in subsection (b) are docu-
ments and records— 
(1) that were created by— 
(A) the Government of Iraq between 1968 
and May 1, 2003; or 
(B) the Ba’ath Socialist Party in Iraq after 
1968; and 
(2) that provide insight into— 
(A) the functioning of the Government of 
Iraq or the Ba’ath Socialist Party in Iraq; or 
(B) the crimes, atrocities, and brutal prac-
tices of the Iraqi government towards the people 
of Iraq during the period between 1968 and May 
1, 2003. 
SEC. 1202. SUPPORT OF MILITARY OPERATIONS TO COMBAT 
TERRORISM. 
(a) AUTHORITY.—The Secretary of Defense may ex-
pend up to $25,000,000 during any fiscal year during 
which this subsection is in effect to provide support to for-
eign forces, irregular forces, groups, or individuals engaged
417 
in supporting or facilitating ongoing military operations 
by United States special operations forces to combat ter-
rorism. 
(b) INTELLIGENCE ACTIVITIES.—This section does not 
constitute authority to conduct a covert action, as such term 
is defined in section 503(e) of the National Security Act 
of 1947 (50 U.S.C. 413b(e)). 
(c) ANNUAL REPORT.—Not later than 30 days after 
the close of each fiscal year during which subsection (a) is 
in effect, the Secretary of Defense shall submit to the con-
gressional defense committees a report on support provided 
under this section during that fiscal year. Each such report 
shall describe the support provided, including a statement 
of the recipient of the support and the amount obligated 
to provide the support. 
(d) FISCAL YEAR 2005 LIMITATION.—Support may be 
provided under subsection (a) during fiscal year 2005 only 
from funds made available for operations and maintenance 
pursuant to title XV of this Act. 
(e) PERIOD
OF AUTHORITY.—The authority under 
subsection (a) is in effect during each of fiscal years 2005 
through 2007.
418 
SEC. 1203. COMMANDERS’ EMERGENCY RESPONSE PRO-
GRAM. 
(a) FISCAL YEAR 2005 AUTHORITY.—During fiscal 
year 2005, from funds made available to the Department 
of Defense for operation and maintenance pursuant to title 
XV of this Act, not to exceed $300,000,000 may be used, 
notwithstanding any other provision of law, to provide 
funds for the Commanders’ Emergency Response Program, 
established by the Administrator of the Coalition Provi-
sional Authority for the purpose of enabling military com-
manders in Iraq to respond to urgent humanitarian relief 
and reconstruction requirements within their areas of re-
sponsibility by carrying out programs that will imme-
diately assist the Iraqi people, and to provide funds for a 
similar program to assist the people of Afghanistan. 
(b) QUARTERLY REPORTS.—The Secretary of Defense 
shall submit to the congressional defense committees a quar-
terly report, beginning on January 15, 2005, regarding the 
source of funds and the allocation and use of funds made 
available pursuant to the authorityprovided in this section. 
SEC. 1204. STATUS OF IRAQI SECURITY FORCES. 
(a) STRATEGIC PLAN.—No later than 120 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Services of 
the Senate and House of Representatives a strategic plan 
setting forth the manner in which the United States will
419 
achieve the goal of establishing viable and professional Iraqi 
security forces able to provide for the long-term security of 
the Iraqi people. 
(b) COMPONENTS.—The strategic plan established 
under subsection (a) shall include at least the following: 
(1) Recruiting and retention goals, shown for 
each service of the Iraqi security forces. 
(2) Training plans for each service of the Iraqi 
security forces. 
(3) A description of metrics by which progress 
toward the goal of Iraqi provision for its own security 
can be measured. 
(4) A description of equipment needs, shown for 
each service of the Iraqi security forces. 
(5) A resourcing plan for achieving the goals of 
the strategic plan. 
(6) Personnel plans in terms of United States 
military and contractor personnel to be used in train-
ing each such service. 
(7) A description of challenges faced and oppor-
tunities presented in particular regions of Iraq and 
a plan for addressing those challenges. 
(8) A discussion of training and deployment suc-
cesses and failures to the date of the report and how
420 
lessons from those successes and failures will be incor-
porated into the strategic plan. 
(c) SUBSEQUENT REPORTS.—Ninety days following 
the submission of the strategic plan to Congress under sub-
section (a) and every 90 days thereafter, the Secretary shall 
submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on progress toward 
meeting the goals established in the strategic plan. Each 
such report shall address the following: 
(1) The number of forces recruited, currently 
serving, and that have left (along with a break-down 
of the reasons for leaving) by service over the period 
in question. 
(2) Progress in meeting training goals. 
(3) Progress in achieving other metrics as identi-
fied in the strategic plan. 
(4) A description and analysis of any training 
incidents and deployment successes and failures, with 
a discussion of how those incidents and successes will 
affect future efforts to achieve the goals of the strategic 
plan. 
(d) IRAQI SECURITY FORCES DEFINED.—In this sec-
tion, the term ‘‘Iraqi security forces’’ means the Iraqi 
Armed Forces (IAF), the Iraqi Civil Defense Corps (ICDC), 
the Iraqi Police Service (IPS), the Department of Border
421 
Enforcement (DBE), and the Facilities Protection Services 
(FCS). 
SEC. 1205. GUIDANCE AND REPORT REQUIRED ON CON-
TRACTORS SUPPORTING DEPLOYED FORCES 
IN IRAQ. 
(a) GUIDANCE.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
issue guidance on how to manage contractors that support 
deployed forces and shall direct the Secretaries of the mili-
tary departments to develop procedures to ensure implemen-
tation of the guidance. The guidance shall— 
(1) establish policies for the use of contractors to 
support deployed forces; 
(2) delineate the roles and responsibilities of 
commanders regarding the management and oversight 
of contractors that support deployed forces; and 
(3) integrate into a single document other guid-
ance and doctrine that may affect Department of De-
fense responsibilities to contractors in locations where 
members of the Armed Forces are deployed. 
(b) REPORT.—Not later than 30 days after issuing the 
guidance required under subsection (a), the Secretary of De-
fense shall submit to the Committees on Armed Services of 
the House of Representatives and the Senate a report con-
taining a discussion of the following:
422 
(1) A description of the process used by the De-
partment of Defense for deciding which security func-
tions in Iraq will be performed by military personnel 
and which by private security companies. 
(2) A discussion of the overall chain of command 
and oversight mechanisms that are in place to ensure 
adequate command and supervision of contractor per-
sonnel in critical security roles. 
(3) An explanation of the rules of engagement for 
private security personnel throughout Iraq, along 
with how training in these rules of engagement is 
being carried out. 
(4) A description of mechanisms that exist or 
that are under consideration to share intelligence and 
standardize communications procedures among pri-
vate security companies. 
(5) Casualty and fatality figures for each con-
tractor in Iraq supporting deployed forces over the pe-
riod beginning on May 1, 2003, and ending on the 
date of the issuance of the guidance. 
(6) Disciplinary or criminal actions brought 
against such contractors during the period covered by 
the report. 
(7) Any incidents of note in Iraq regarding such 
contractors during the period covered by the report.
423 
(8) A plan for establishing and implementing a 
process for collecting data on individual contractors, 
the value of the contracts, and the number of per-
sonnel in Iraq performing the following services: 
(A) Personal security details. 
(B) Non-military site security. 
(C) Non-military convoy security. 
(D) Interrogation services at interrogation 
centers operated by the Department of Defense. 
SEC. 1206. FINDINGS AND SENSE OF CONGRESS CON-
CERNING ARMY SPECIALIST JOSEPH DARBY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The need to act in accord with one’s con-
science, risking one’s career and even the esteem of 
one’s colleagues by pursuing what is right is espe-
cially important today. 
(2) While the Department of Defense investigate 
the horrific abuses in American detention facilities in 
Iraq, the Nation should bear in mind that the abuses 
were only brought to light because of the courage of 
an American soldier. 
(3) By alerting his superiors to abuses at Abu 
Ghraib prison in Iraq, Army Specialist Joseph Darby 
demonstrated the courage to speak out and do what 
is right for his country.
424 
(4) Such an action is especially important in 
light of the many challenges facing the country. 
(5) Specialist Darby deserves the Nation’s thanks 
for speaking up and for standing up for what is 
right. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the Secretary of Defense should make every 
protection available to Army Specialist Joseph Darby 
and others who demonstrate such courage; and 
(2) Specialist Darby should be commended ap-
propriately by the Secretary of the Army. 
Subtitle B—Other Matters 
SEC. 1211. ASSIGNMENT OF ALLIED NAVAL PERSONNEL TO 
SUBMARINE SAFETY PROGRAMS. 
(a) IN GENERAL.—Chapter 631 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 7234. Submarine safety programs: participation of 
allied naval personnel 
‘‘(a) ACCEPTANCE
OF
ASSIGNMENT
OF
FOREIGN 
NAVAL PERSONNEL.—In order to facilitate the development, 
standardization, and interoperability of submarine vessel 
safety and rescue systems and procedures, the Secretary of 
the Navy may conduct a program under which members
425 
of the naval service of any of the member nations of the 
North Atlantic Treaty Organization and Australia, Japan, 
the Republic of Korea, and Sweden may be assigned to 
United States commands to work on such systems and pro-
cedures. 
‘‘(b) COSTS
FOR FOREIGN PERSONNEL.—(1) The 
United States may not pay the following costs for a member 
of a foreign naval service sent to the United States under 
the program authorized by this section: 
‘‘(A) Salary. 
‘‘(B) Per diem. 
‘‘(C) Cost of living. 
‘‘(D) Travel costs. 
‘‘(E) Cost of language or other training. 
‘‘(F) Other costs. 
‘‘(2) Paragraph (1) does not apply to the following 
costs, which may be paid by the United States: 
‘‘(A) The cost of temporary duty directed by the 
United States Navy. 
‘‘(B) The cost of training programs conducted to 
familiarize, orient, or certify members of foreign 
naval services regarding unique aspects of their as-
signments.
426 
‘‘(C) Costs incident to the use of the facilities of 
the United States Navy in the performance of as-
signed duties. 
‘‘(d) APPLICABILITY TO AUTHORITY TO ENTER INTO 
AGREEMENTS.—The requirements of this section shall 
apply in the exercise of any authority of the Secretary of 
the Navy to enter into an agreement with the government 
of a foreign country, subject to the concurrence of the Sec-
retary of State, to provide for the assignment of members 
of the naval service of the foreign country to a United States 
Navy submarine safety program. 
‘‘(e) REGULATIONS.—The Secretary of the Navy may 
prescribe regulations for the application of this section in 
the exercise of authority referred to in subsection (d).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘7234. Submarine safety programs: participation of allied naval personnel.’’. 
SEC. 1212. EXPANSION OF ENTITIES OF THE PEOPLE’S RE-
PUBLIC OF CHINA SUBJECT TO CERTAIN 
PRESIDENTIAL AUTHORITIES WHEN OPER-
ATING IN THE UNITED STATES. 
Section 1237(b)(4)(B)(i) of the Strom Thurmond Na-
tional Defense Authorization Act for Fiscal Year 1999 (50 
U.S.C. 1701 note) is amended by inserting after ‘‘the Peo-
ple’s Liberation Army’’ the following: ‘‘, by a ministry of
427 
the government of the People’s Republic of China, or by an 
entity affiliated with the defense industrial base of the Peo-
ple’s Republic of China’’. 
SEC. 1213. REPORT BY PRESIDENT ON GLOBAL PEACE OP-
ERATIONS INITIATIVE. 
Not later than one year after the date of the enactment 
of this Act, the President shall submit to the Congress a 
report on the Global Peace Operations Initiative. The report 
shall include the following elements: 
(1) A summary of the goals of the Global Peace 
Operations Initiative and the timetable for achieving 
those goals. 
(2) An examination of the mechanisms by which 
the United States will ensure that foreign countries 
acquiring new capabilities as a result of that Initia-
tive will use those capabilities to the national security 
benefit of the United States. 
(3) An examination of the mechanisms by which 
the United States will ensure that training and 
equipment provided under that Initiative are used 
solely for the purposes of peacekeeping and peace en-
forcement operations. 
(4) An examination of the human rights prac-
tices of potential recipients under that Initiative, to
428 
include a discussion of each potential recipient’s com-
mitment to representative government. 
(5) As assessment of the financial resources re-
quired to carry out that Initiative during fiscal years 
2005 through 2009. 
(6) An assessment of the effectiveness of the pro-
gram of the Department of State referred to as the Af-
rican Contingency Operations and Training Assist-
ance program and the capacity of that program to be 
expanded. 
(7) A review that compares and contrasts the 
basic military skills required of warfighters and the 
skills needed for peacekeeping and peace enforcement 
operations. 
(8) An assessment of the ability of military 
forces in the developing world to absorb, retain, and 
use the advanced skills and capabilities needed for ef-
fective peacekeeping and peace enforcement oper-
ations. 
(9) A proposal for providing sufficient resources 
to the Department of State to conduct the Global 
Peace Operations Initiative without significant finan-
cial contributions from the Department of Defense. 
(10) An explanation of the reasons of the Admin-
istration for proposing to exempt the Global Peace
429 
Operations Initiative from existing law related to the 
type of military and police training the United 
States may provide to foreign countries. 
(11) An examination of the costs and benefits of 
transferring responsibility for the training and equip-
ping of foreign military and security forces from the 
Department of State to the Department of Defense, 
including an identification of any increased resources 
that will be provided to the Department of Defense 
should the Department of Defense become responsible 
for that activity. 
SEC. 1214. PROCUREMENT SANCTIONS AGAINST FOREIGN 
PERSONS 
THAT 
TRANSFER 
CERTAIN 
DE-
FENSE ARTICLES AND SERVICES TO THE PEO-
PLE’S REPUBLIC OF CHINA. 
(a) DECLARATION OF POLICY.—Congress declares that 
it is the policy of the United States to deny the People’s 
Republic of China such defense goods and defense technology 
that could be used to threaten the United States or under-
mine the security of Taiwan or the stability of the Western 
Pacific region. 
(b) PROCUREMENT SANCTION.—(1) The Secretary of 
Defense may not procure, by contract or otherwise, any 
goods or services from—
430 
(A) any foreign person the Secretary of Defense 
determines has, with actual knowledge, on or after the 
date of the enactment of this Act, exported, trans-
ferred, or otherwise provided to governmental or non-
governmental entities of the People’s Republic of 
China any item or class of items on the United States 
Munitions List (or any item or class of items that are 
identical, substantially identical, or directly competi-
tive to an item or class of items on the United States 
Munitions List); and 
(B) any foreign person the Secretary of Defense 
determines— 
(i) is a successor entity to a person referred 
to in paragraph (1); 
(ii) is a parent or subsidiary of a person 
referred to in paragraph (1); or 
(iii) is an affiliate of a person referred to 
in paragraph (1) if that affiliate is controlled in 
fact by such person. 
(2) The prohibition under paragraph (1) with respect 
to a foreign person shall last for a period of five years after 
a determination is made by the Secretary of Defense with 
respect to that person under paragraph (1)(A). 
(c) PUBLIC AVAILABILITY OF LIST OF SANCTIONED 
PERSONS.—(1) The Secretary of Defense shall annually
431 
publish in the Federal Register a current list of any foreign 
persons sanctioned under subsection (b). The removal of for-
eign persons from, and the addition of foreign persons to, 
the list shall also be so published. 
(2) The Secretary shall maintain the list published 
under paragraph (1) on the Internet website of the Depart-
ment of Defense. 
(d) REMOVAL FROM LIST
OF SANCTIONED PER-
SONS.—The Secretary of Defense may remove a person from 
the list of sanctioned persons referred to in subsection (c) 
only after the five-year prohibition period imposed under 
subsection (b) with respect to the person has expired. 
(e) EXCEPTIONS.—(1) Subsection (b) shall not 
apply— 
(A) to contracts, or subcontracts under such con-
tracts, in existence on the date of the enactment of 
this Act, including options under such contracts; 
(B) if the Secretary of Defense determines in 
writing that the person to which the sanctions would 
otherwise be applied is a sole source supplier of the 
goods or services being procured, that the goods or 
services are essential, and that alternative sources are 
not readily or reasonably available; 
(C) in the case of a contract for routine servicing 
and maintenance, if the Secretary of Defense deter-
432 
mines in writing alternative sources for performing 
the contract are not readily or reasonably available; 
or 
(D) if the Secretary of Defense determines in 
writing that goods or services proposed to be procured 
under the contract are essential to the national secu-
rity of the United States. 
(2) Determinations under paragraph (1) shall be pub-
lished in the Federal Register. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘foreign person’’ has the meaning 
given the term in section 14 of the Iran and Libya 
Sanctions Act of 1996 (50 U.S.C. 1701). 
(2) The term ‘‘United States Munitions List’’ 
means the list referred to in section 38(a)(1) of the 
Arms Export Control Act (22 U.S.C. 2778(a)(1)). 
TITLE 
XIII—COOPERATIVE 
THREAT 
REDUCTION 
WITH 
STATES OF THE FORMER SO-
VIET UNION 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Coop-
erative Threat Reduction programs are the programs speci-
433 
fied in section 1501(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110 
Stat. 2731; 50 U.S.C. 2362 note). 
(b) FISCAL YEAR 2005 COOPERATIVE THREAT REDUC-
TION FUNDS DEFINED.—As used in this title, the term ‘‘fis-
cal year 2005 Cooperative Threat Reduction funds’’ means 
the funds appropriated pursuant to the authorization of ap-
propriations in section 301 for Cooperative Threat Reduc-
tion programs. 
(c) AVAILABILITY
OF FUNDS.—Funds appropriated 
pursuant to the authorization of appropriations in section 
301 for Cooperative Threat Reduction programs shall be 
available for obligation for three fiscal years. 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) FUNDING
FOR
SPECIFIC
PURPOSES.—Of the 
amount authorized to be appropriated to the Department 
of Defense for fiscal year 2005 in section 301(19) for Coop-
erative Threat Reduction programs, the following amounts 
may be obligated for the purposes specified: 
(1) For strategic offensive arms elimination in 
Russia, $58,522,000. 
(2) For nuclear weapons transportation security 
in Russia, $26,284,000. 
(3) For nuclear weapons storage security in Rus-
sia, $48,720,000.
434 
(4) For activities designated as Other Assess-
ments/Administrative Support, $14,267,000. 
(5) 
For 
defense 
and 
military 
contacts, 
$8,000,000. 
(6) For chemical weapons destruction in Russia, 
$158,400,000. 
(7) For biological weapons proliferation preven-
tion in the former Soviet Union, $55,013,000. 
(8) For weapons of mass destruction prolifera-
tion prevention in the states of the former Soviet 
Union, $40,030,000. 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF 
FUNDS FOR OTHER PURPOSES.—No fiscal year 2005 Coop-
erative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (8) of subsection (a) until 30 days after 
the date that the Secretary of Defense submits to Congress 
a report on the purpose for which the funds will be obligated 
or expended and the amount of funds to be obligated or ex-
pended. Nothing in the preceding sentence shall be construed 
as authorizing the obligation or expenditure of fiscal year 
2005 Cooperative Threat Reduction funds for a purpose for 
which the obligation or expenditure of such funds is specifi-
cally prohibited under this title or any other provision of 
law.
435 
(c) LIMITED
AUTHORITY
TO
VARY
INDIVIDUAL 
AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any 
case in which the Secretary of Defense determines that it 
is necessary to do so in the national interest, the Secretary 
may obligate amounts appropriated for fiscal year 2005 for 
a purpose listed in any of the paragraphs in subsection (a) 
in excess of the specific amount authorized for that purpose. 
(2) An obligation of funds for a purpose stated in any 
of the paragraphs in subsection (a) in excess of the specific 
amount authorized for such purpose may be made using 
the authority provided in paragraph (1) only after— 
(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete 
discussion of the justification for doing so; and 
(B) 15 days have elapsed following the date of 
the notification. 
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for a purpose 
stated in any of paragraphs (5) through (8) of subsection 
(a) in excess of 125 percent of the specific amount author-
ized for such purpose.
436 
SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION 
ON FUNDING FOR CHEMICAL WEAPONS DE-
STRUCTION FACILITY IN RUSSIA. 
(a) TEMPORARY AUTHORITY.—Section 1305 of the Na-
tional Defense Authorization Act for Fiscal Year 2000 (Pub-
lic Law 106–65; 22 U.S.C. 5952 note) shall not apply if 
the President submits to Congress a written certification 
that includes— 
(1) a statement as to why a waiver of the condi-
tions described in such section 1305 is important to 
the national security interests of the United States; 
(2) a full and complete justification for the waiv-
er of the conditions; and 
(3) a plan to promote a full and accurate disclo-
sure by Russia regarding the size, content, status, and 
location of its chemical weapons stockpile. 
(b) EXPIRATION.—The authority in subsection (a) 
shall expire on September 30, 2005. 
TITLE XIV—EXPORT CONTROLS 
AND 
COUNTERPROLIFER-
ATION MATTERS 
Subtitle A—Export Control Matters 
SEC. 1401. DEFINITIONS UNDER ARMS EXPORT CONTROL 
ACT. 
Section 47 of the Arms Export Control Act (22 U.S.C. 
2794) is amended—
437 
(1) in paragraph (10)— 
(A) by moving the margin two ems to the 
left; and 
(B) by striking ‘‘and’’ at the end; 
(2) in paragraph (11)— 
(A) by moving the margin two ems to the 
left; and 
(B) by striking the period at the end and 
inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(12) ‘license’ means a document bearing the word li-
cense issued by the United States Government agency 
charged with implementing section 38 of this Act, which 
permits the export or import of a defense article or defense 
service; 
‘‘(13) ‘agent’ means a representative or emissary of a 
government other than an officer or employee of the govern-
ment; and 
‘‘(14) ‘exporting agent’ means a freight forwarder or 
other consignee designated on a license application who is 
authorized to act on behalf of and the control of the license 
applicant.’’.
438 
SEC. 1402. EXEMPTION FROM LICENSING REQUIREMENTS 
FOR 
EXPORT 
OF 
SIGNIFICANT 
MILITARY 
EQUIPMENT. 
Section 38(b)(2) of the Arms Export Control Act (22 
U.S.C. 2778(b)(2)) is amended— 
(1) by striking ‘‘(2) Except’’ and inserting 
‘‘(2)(A) Except’’; 
(2) by striking ‘‘(A) for official’’ and inserting 
‘‘(i) for official’’ and further by striking ‘‘(B) for car-
rying out’’ and inserting ‘‘(ii) for carrying out’’; and 
(3) by adding at the end the following: 
‘‘(B) The President may not establish an exemption 
in regulation or otherwise from the license requirements of 
this section for the export of a defense article that is signifi-
cant military equipment (other than a firearm that is in-
tended for personal use).’’. 
SEC. 1403. COOPERATIVE PROJECTS WITH FRIENDLY FOR-
EIGN COUNTRIES. 
Section 27 of the Arms Export Control Act (22 U.S.C. 
2767) is amended— 
(1) in subsection (g) to read as follows: 
‘‘(g) Unless the President states in his certification 
that an emergency exists which requires the immediate ap-
proval of the cooperative agreement in the national security 
interests of the United States (in which case the President 
shall set forth in the certification a justification for this
439 
determination), an agreement shall not be signed if, within 
the 30-day period specified in subsection (f), a joint resolu-
tion prohibiting the agreement is enacted into law.’’; and 
(2) by adding at the end the following: 
‘‘(k) A license shall be required for the export of defense 
articles or defense services relating to a cooperative project 
by any person required to be registered under section 
38(b)(1)(A)(i) whenever such export is made pursuant to, 
or in furtherance of, a private contract, purchase order, or 
similar commercial arrangement with a foreign corpora-
tion.’’. 
SEC. 1404. LICENSING REQUIREMENT FOR EXPORT OF MILI-
TARILY CRITICAL TECHNOLOGIES. 
(a) LICENSING REQUIREMENT.—The President shall 
require a license under the Export Administration Regula-
tions of the Department of Commerce (15 C.F.R. part 730 
et seq.) or the International Traffic in Arms Regulations 
(22 C.F.R. part 120 et seq.), as the case may be, for the 
export of goods or technologies included on the Militarily 
Critical Technologies List. 
(b) DEFINITION.—In this section, the term ‘‘Militarily 
Critical Technologies List’’ means the list required to be de-
veloped by the Secretary of Defense pursuant to section 
5(d)(2) of the Export Administration Act of 1979 (50 
U.S.C. App. 2404(d)(2)), as such list was effect on January
440 
20, 2004, and includes any goods or technologies that have 
been added to the list after that date. 
SEC. 1405. CONTROL OF EXPORTS OF UNITED STATES 
WEAPONS TECHNOLOGY TO THE PEOPLE’S 
REPUBLIC OF CHINA. 
A dual use good or technology subject to the jurisdic-
tion of the Export Administration Regulations of the De-
partment of Commerce (15 C.F.R. part 730 et seq.) and 
a defense article or defense service subject to the jurisdiction 
of the International Traffic in Arms Regulations (22 C.F.R. 
part 120 et seq.) may be exported to a foreign person or 
a foreign country that has previously exported any such 
item to the military, intelligence, police, or internal secu-
rity services of the Government of the People’s Republic of 
China that would be prohibited for export to China if sub-
ject to United States export control laws only if— 
(1) a license for such export is approved under 
the Export Administration Regulations or the Inter-
national Traffic in Arms Regulations and the Sec-
retary of Defense concurs in the approval of such li-
cense; and 
(2) the foreign person or foreign country agrees 
in writing not to transfer title to or possession of, or 
otherwise provide access to, the licensed items, unless 
the President provides written consent thereto.
441 
SEC. 1406. STRENGTHENING INTERNATIONAL EXPORT CON-
TROLS. 
(a) FINDING.—The Congress recognizes that the inter-
national export control system, as currently constituted, is 
insufficient to achieve the national security interests of the 
United States. 
(b) NATIONAL EXPORT CONTROL POLICY.—It is the 
policy of the United States to seek continued negotiations 
of a strengthened international export control system for the 
control of arms and militarily-sensitive goods and tech-
nology to countries of concern. 
(c) PRESIDENTIAL REPORTING REQUIREMENT.—(1) 
Not later than 180 days after the date of the enactment of 
this Act, and every six months thereafter, the President shall 
submit to the committees referred to in subsection (d) a re-
port setting forth the President’s plan for effecting a 
strengthened international export control system capable of 
achieving the national security interests of the United 
States. 
(2) The report shall include— 
(A) an evaluation of the effectiveness of the cur-
rent international export control system; 
(B) a plan for negotiating and implementing a 
strengthened international export control system ca-
pable of achieving the national security interests of 
the United States; and
442 
(C) challenges to and progress in negotiating 
and implementing that plan. 
(d) COMMITTEES; CLASSIFICATION OF REPORT.—(1) 
The report required by subsection (c) shall be submitted 
to— 
(A) the Committee on Armed Services, the Com-
mittee on International Relations, and the Permanent 
Select Committee on Intelligence of the House of Rep-
resentatives; and 
(B) the Committee on Armed Services, the Com-
mittee on Banking, Housing and Urban Affairs, and 
the Select Committee on Intelligence of the Senate. 
(2) The report shall be submitted in unclassified form 
and, as necessary, in classified form. 
Subtitle B—Counterproliferation 
Matters 
SEC. 
1411. 
DEFENSE 
INTERNATIONAL 
COUNTER-
PROLIFERATION PROGRAMS. 
(a) INTERNATIONAL SECURITY PROGRAM TO PREVENT 
UNAUTHORIZED
TRANSFER
AND
TRANSPORTATION
OF 
WMDS.—Subsection (b) of section 1424 of the Defense 
Against Weapons of Mass Destruction Act of 1996 (50 
U.S.C. 2333) is amended to read as follows: 
‘‘(b) OTHER COUNTRIES.—The Secretary of Defense 
may carry out programs under subsection (a) in a country
443 
other than a country specified in that subsection if the Sec-
retary determines that there exists in that country a signifi-
cant threat of the unauthorized transfer and transportation 
of nuclear, biological, or chemical weapons or related mate-
rials.’’. 
(b) INTERNATIONAL TRAINING PROGRAM TO DETER 
WMD PROLIFERATION.—Section 1504(e)(3)(A) of the Na-
tional Defense Authorization Act for Fiscal Year 1995 (Pub-
lic Law 103–337; 108 Stat. 2918) is amended— 
(1) by striking ‘‘The training program referred 
to in paragraph (1)(B) is a’’ and inserting ‘The Sec-
retary of Defense may participate in a’’; 
(2) by inserting ‘‘of’’ after ‘‘acquisition’’; 
(3) by striking ‘‘and’’ after ‘‘countries’’; and 
(4) by inserting before the period at the end the 
following: ‘‘, and in other countries in which, as de-
termined by the Secretary of Defense, there exists a 
significant threat of such proliferation and acquisi-
tion’’. 
SEC. 1412. DEFENSE COUNTERPROLIFERATION FELLOW-
SHIP PROGRAM. 
(a) PROGRAM AUTHORIZED.—Chapter 101 of title 10, 
United States Code, is amended by adding at the end the 
following new section:
444 
‘‘§ 2015. Defense counterproliferation fellowship pro-
gram 
‘‘(a) PROGRAM AUTHORITY.—The Secretary of Defense 
may carry out a program under which foreign military de-
fense personnel are selected to attend Department of Defense 
courses and programs in counterproliferation and non-
proliferation matters in order to improve the ability of the 
foreign military defense personnel to contribute to halting 
the illicit acquisition or transportation of weapons of mass 
destruction or of materials that support the development or 
use of such weapons. 
‘‘(b) AUTHORITY TO PAY FOR COSTS OF PARTICI-
PANTS.—The Secretary of Defense may pay for all costs (in-
cluding transportation, travel, and subsistence costs) associ-
ated with the attendance by a participant at courses and 
programs in the program under this section. 
‘‘(c) PARTICIPANTS.—(1) The following persons may 
be selected for participation in the program under this sec-
tion: 
‘‘(A) Foreign military officers. 
‘‘(B) Foreign ministry of defense officials. 
‘‘(2) Participants in the program shall be selected by 
the Secretary of Defense based upon recommendations made 
by the commanders of the regional unified combatant com-
mands.
445 
‘‘(d) AUTHORIZED PROGRAM ACTIVITIES.—Partici-
pants in the program may be selected for attendance at, 
and may be authorize to attend, any of the following: 
‘‘(1) Department of Defense professional military 
educational institutions. 
‘‘(2) Regional centers for security studies of the 
Department of Defense. 
‘‘(e) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations for the administration of the program 
under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘2015. Defense counterproliferation fellowship program.’’. 
Subtitle C—Initiatives Relating to 
Countries of Former Soviet Union 
SEC. 1421. SILK ROAD INITIATIVE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) A number of independent states of the former 
Soviet Union have been helpful to the United States 
in the war on terrorism. 
(2) Such states are new and struggling democ-
racies and would benefit considerably from assistance 
to create sustainable jobs for their underemployed or 
unemployed scientists, engineers, and technicians who 
were formerly engaged in activities to develop and
446 
produce weapons of mass destruction for the Russian 
Federation or other such state. 
(b) POLICIES.—(1) It is the policy of the United States 
to seek to establish and promote programs to prevent the 
proliferation, from scientists, engineers, and technicians of 
the Russian Federation and other independent states of the 
former Soviet Union to countries of proliferation concern, 
of expertise to develop and produce weapons of mass de-
struction. 
(2) It is also the policy of the United States to seek 
to assist independent states of the former Soviet Union that 
have been helpful to the United States in the war on ter-
rorism so as to promote the creation of jobs that foster eco-
nomic stability and democracy. 
(c) PROGRAM AUTHORIZED.—(1) The Secretary of En-
ergy may carry out a program, to be known as the Silk 
Road Initiative, to promote non-weapons-related employ-
ment opportunities in the United States and in Silk Road 
nations for scientists, engineers, and technicians formerly 
engaged in activities to develop and produce weapons of 
mass destruction in Silk Road nations. The program 
should— 
(A) incorporate best practices under the former 
Initiatives for Proliferation Prevention program; and
447 
(B) facilitate commercial partnerships between 
private entities in the United States and scientists, 
engineers, and technicians in the Silk Road nations. 
(2) Before implementing the program with respect to 
multiple Silk Road nations, the Secretary of Energy shall 
carry out a pilot program with respect to one Silk Road 
nation selected by the Secretary. It is the sense of Congress 
that the Secretary should select the Republic of Georgia. 
(d) SILK ROAD NATIONS DEFINED.—In this section, 
the Silk Road nations are Armenia, Azerbaijan, the Repub-
lic of Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, 
Turkmenistan, and Uzbekistan. 
(e) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Energy for nonproliferation 
and international security for fiscal year 2005, $10,000,000 
may be used to carry out this section. 
SEC. 1422. TELLER-KURCHATOV NONPROLIFERATION FEL-
LOWSHIPS. 
(a) IN GENERAL.—(1) From amounts made available 
to carry out this section, the Administrator for Nuclear Se-
curity may carry out a program under which the Adminis-
trator awards, to scientists employed at the Kurchatov In-
stitute of the Russian Federation and scientists employed 
at Lawrence Livermore National Laboratory, international 
exchange fellowships, to be known as Teller-Kurchatov Non-
448 
proliferation Fellowships, in the nuclear nonproliferation 
sciences. 
(2) The purpose of the program shall be to provide op-
portunities for advancement in the field of nuclear non-
proliferation to scientists who, as demonstrated by their 
academic or professional achievements, show particular 
promise of making significant contributions in that field. 
(3) A fellowship awarded to a scientist under the pro-
gram shall be for study and training at (and, where appro-
priate, at an institution of higher education in the vicinity 
of)— 
(A) the Kurchatov Institute, in the case of a sci-
entist employed at Lawrence Livermore National 
Laboratory; and 
(B) Lawrence Livermore National Laboratory, 
in the case of a scientist employed at the Kurchatov 
Institute. 
(4) The duration of a fellowship under the program 
may not exceed two years, except that the Administrator 
may provide for a longer duration in an individual case 
to the extent warranted by extraordinary circumstances, as 
determined by the Administrator. 
(5) In a calendar year, the Administrator may not 
award more than—
449 
(A) one fellowship to a scientist employed at the 
Kurchatov Institute; and 
(B) one fellowship to a scientist employed at 
Lawrence Livermore National Laboratory. 
(6) A fellowship under the program shall include— 
(A) travel expenses; 
(B) any tuition and fees at an institution of 
higher education for study or training under the fel-
lowship; and 
(C) any other expenses that the Administrator 
considers appropriate, such as room and board. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘institution of higher education’’ 
means a college, university, or other educational in-
stitution that is empowered by an appropriate au-
thority, as determined by the Administrator, to 
award degrees higher than the baccalaureate level. 
(2) The term ‘‘nuclear nonproliferation sciences’’ 
means bodies of scientific knowledge relevant to devel-
oping or advancing the means to prevent or impede 
the proliferation of nuclear weaponry. 
(3) The term ‘‘scientist’’ means an individual 
who has a degree from an institution of higher edu-
cation in a science that has practical application in 
the field of nuclear nonproliferation.
450 
(c) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Energy for nonproliferation 
and international security for fiscal year 2005, $10,000,000 
may be used to carry out this section. 
SEC. 1423. COLLABORATION TO REDUCE THE RISKS OF A 
LAUNCH OF RUSSIAN NUCLEAR WEAPONS. 
(a) FINDINGS.—Congress finds that, despite the ending 
of the Cold War more than a decade ago, the nuclear pos-
tures and strategic command and control systems of the 
Russian Federation pose risks that a nuclear ballistic mis-
sile could be launched as the result of an accident, misin-
formation, miscalculation, or unauthorized use. Such risks 
are posed as a result of factors including the following: 
(1) The high state of readiness of the Russian 
Federation’s nuclear forces. 
(2) The remote locations of much of the Russian 
Federation’s nuclear forces. 
(3) The inadequacy of the Russian Federation’s 
early-warning information. 
(4) The very short time that would be available 
to the President of the Russian Federation if the 
President were informed that a nuclear ballistic mis-
sile attack was or might be underway. 
(5) The possibility that the Russian Federation, 
because of concerns that much of its nuclear forces
451 
would not survive a nuclear attack, may have a nu-
clear deterrence posture reliant upon launching a re-
taliatory nuclear strike when it believes a nuclear bal-
listic missile attack against it is or might be under-
way. 
(6) Deficiencies in the security and control of the 
nuclear forces of the Russian Federation that could 
result in unauthorized personnel gaining control of a 
nuclear-armed missile or warhead. 
(7) The susceptibility of nuclear strategic com-
mand and control systems and early-warning systems 
to an intrusion or accident that could create the false 
appearance that a nuclear ballistic missile attack is 
or might be underway. 
(b) REPORT.—(1) Not later than November 1, 2005, 
the Secretary of Defense shall submit to Congress a report 
on the collaborative measures that the United States and 
the Russian Federation could take to reduce the risks that 
a nuclear ballistic missile could be launched as the result 
of an accident, misinformation, miscalculation, or unau-
thorized use. For each such measure, the report shall pro-
vide— 
(A) specific comments on the advisability of the 
measure in terms of the potential contribution of the 
measure to the national security interests of the
452 
United States, including the potential contribution of 
the measure in improving relations between the 
United States and the Russian Federation; and 
(B) a description of the obstacles and opportuni-
ties associated with pursuing the measure. 
(2) In addition to any other measure that the Sec-
retary considers appropriate, the report required by para-
graph (1) shall cover the following measures: 
(A) The future of the Joint Data Exchange Cen-
ter. 
(B) Potential topics for discussion between high- 
level military leaders of the United States and of the 
Russian Federation on reducing the risk that a nu-
clear ballistic missile could be launched as the result 
of an accident, misinformation, miscalculation, or 
unauthorized use. 
TITLE XV—AUTHORIZATION FOR 
INCREASED COSTS DUE TO 
OPERATION IRAQI FREEDOM 
AND OPERATION ENDURING 
FREEDOM 
SEC. 1501. PURPOSE. 
The purpose of this title is to authorize appropriations 
for the Department of Defense for fiscal year 2005, in addi-
tion to amounts otherwise authorized by this Act, to provide
453 
funds for additional costs due to Operation Iraqi Freedom 
and Operation Enduring Freedom. 
Subtitle A—Authorization of 
Appropriations 
SEC. 1511. ARMY PROCUREMENT. 
Funds are hereby authorized to be appropriated for fis-
cal year 2005 for procurement accounts of the Army in 
amounts as follows: 
(1) For aircraft, $498,300,000. 
(2) For missiles, $42,800,000. 
(3) For weapons and tracked combat vehicles, 
$201,900,000. 
(4) For ammunition, $78,750,000. 
(5) For other procurement, $1,567,410,000. 
(6) For National Guard and Reserve equipment, 
$50,000,000. 
SEC. 1512. NAVY AND MARINE CORPS PROCUREMENT. 
(a) MARINE CORPS.—Funds are hereby authorized to 
be appropriated for fiscal year 2005 for the procurement 
account for the Marine Corps in the amount of $98,190,000. 
(b) NAVY AND MARINE CORPS AMMUNITION.—Funds 
are hereby authorized to be appropriated for fiscal year 
2005 for the procurement account for ammunition for the 
Navy and the Marine Corps in the amount of $38,402,000.
454 
SEC. 1513. AIR FORCE PROCUREMENT. 
Funds are hereby authorized to be appropriated for fis-
cal year 2005 for the procurement account for aircraft for 
the Air Force in amount of $99,000,000. 
SEC. 1514. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 
Funds are hereby authorized to be appropriated for fis-
cal year 2005 for the procurement account for Defense-wide 
procurement in the amount of $720,000,000. 
SEC. 1515. OPERATION AND MAINTENANCE. 
Funds are hereby authorized to be appropriated for fis-
cal year 2005 for the use of the Armed Forces for expenses, 
not otherwise provided for, for operation and maintenance, 
in amounts as follows: 
(1) For the Army, $9,607,113,000. 
(2) For the Navy, $256,500,000. 
(3) For the Marine Corps, $2,398,735,000. 
(4) For the Air Force, $1,635,000,000. 
(5) For Defense-wide, $2,327,900,000. 
SEC. 1516. 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, in 
the amount of $75,000,000, for Operation and Maintenance.
455 
SEC. 1517. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the 
Department of Defense for military personnel accounts for 
fiscal year 2005 a total of $5,305,000,000. 
SEC. 1518. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 
The amounts authorized to be appropriated by this 
title are in addition to amounts otherwise authorized to be 
appropriated by this Act. 
SEC. 1519. TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) 
Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, the Secretary 
may transfer amounts of authorizations made available to 
the Department of Defense in this title for fiscal year 2005 
between any such authorizations for that fiscal year (or any 
subdivisions thereof). Amounts of authorizations so trans-
ferred shall be merged with and be available for the same 
purposes as the authorization to which transferred. 
(2) The total amount of authorizations that the Sec-
retary may transfer under the authority of this section may 
not exceed $2,500,000,000. The transfer authority provided 
in this section is in addition to any other transfer authority 
available to the Secretary of Defense. 
(b) LIMITATIONS.—The authority provided by this sec-
tion to transfer authorizations—
456 
(1) may only be used to provide authority for 
items that have a higher priority than the items from 
which authority is transferred; 
(2) may not be used to provide authority for an 
item that has been denied authorization by Congress; 
and 
(3) may not be combined with the authority 
under section 1001. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another 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. 
(d) NOTICE
TO
CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under sub-
section (a). 
SEC. 1520. DESIGNATION OF EMERGENCY AUTHORIZA-
TIONS. 
The amounts authorized to be appropriated by this 
title are designated for emergency contingency operations 
related to the global war on terrorism.
457 
Subtitle B—Personnel Provisions 
SEC. 
1531. 
THREE-YEAR 
INCREASE 
IN 
ACTIVE 
ARMY 
STRENGTH LEVELS. 
(a) AUTHORIZED END STRENGTHS.—(1) The end 
strength level authorized for the Army for fiscal year 2005 
under section 401 is hereby increased by 10,000. 
(2) For fiscal years 2006 and 2007, the Army is au-
thorized strengths for active duty personnel as follows: 
(A) As of September 30, 2006, 502,400. 
(B) As of September 30, 2007, 512,400. 
(b) 
STATUTORY
MINIMUM
ACTIVE
STRENGTH 
LEVEL.—The minimum strength for the Army under sec-
tion 691(b) of title 10, United States Code (notwithstanding 
the number specified in paragraph (1) of that section)— 
(1) for the period beginning on October 1, 2004, 
and ending on September 30, 2005, shall be the num-
ber specified in section 401(1) of this Act, increased 
by 10,000; 
(2) for the period beginning on October 1, 2005, 
and ending on September 30, 2006, shall be 502,400; 
and 
(3) for the period beginning on October 1, 2006, 
and ending on September 30, 2007, shall be 512,400. 
(c) NOTICE TO CONGRESS.—If the Secretary of De-
fense, in consultation with the Secretary of the Army, deter-
458 
mines that adjustments are necessary to the minimum end- 
strength level for the Army in effect at any time pursuant 
to subsection (b), the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and House 
of Representatives a report providing the Secretary’s rec-
ommendations and rationale for such an adjustment. Such 
a report must be submitted before the submission of the 
budget request for the fiscal year for which the change would 
be effective. 
SEC. 1532. THREE-YEAR INCREASE IN ACTIVE MARINE 
CORPS STRENGTH LEVELS. 
(a) AUTHORIZED END STRENGTHS.—(1) The end 
strength level authorized for the Marine Corps for fiscal 
year 2005 under section 401 is hereby increased by 3,000. 
(2) For fiscal years 2006 and 2007, the Marine Corps 
is authorized strengths for active duty personnel as follows: 
(A) As of September 30, 2006, 181,000. 
(B) As of September 30, 2007, 184,000. 
(b) 
STATUTORY
MINIMUM
ACTIVE
STRENGTH 
LEVEL.—The minimum strength for the Marine Corps 
under section 691(b) of title 10, United States Code (not-
withstanding the number specified in paragraph (3) of that 
section)— 
(1) for the period beginning on October 1, 2004, 
and ending on September 30, 2005, shall be the num-
459 
ber specified in section 401(3) of this Act, increased 
by 3,000; 
(2) for the period beginning on October 1, 2005, 
and ending on September 30, 2006, shall be 181,000; 
and 
(3) for the period beginning on October 1, 2006, 
and ending on September 30, 2007, shall be 184,000. 
(c) NOTICE TO CONGRESS.—If the Secretary of De-
fense, in consultation with the Secretary of the Navy, deter-
mines that adjustments are necessary to the minimum end- 
strength level for the Marine Corps in effect at any time 
pursuant to subsection (b), the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and House of Representatives a report providing the Sec-
retary’s recommendations and rationale for such an adjust-
ment. Such a report must be submitted before the submis-
sion of the budget request for the fiscal year for which the 
change would be effective. 
SEC. 1533. EXTENSION OF INCREASED RATES FOR IMMI-
NENT DANGER PAY AND FAMILY SEPARATION 
ALLOWANCE. 
(a) IMMINENT DANGER PAY.—(1) Subsection (e) of 
section 310 of title 37, United States Code, is amended by 
striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 
2005’’.
460 
(2) Effective January 1, 2006, such section is further 
amended— 
(A) in subsection (a), by striking ‘‘$150’’ and in-
serting ‘‘$225’’; and 
(B) by striking subsection (e). 
(b) FAMILY SEPARATION ALLOWANCE.—(1) Subsection 
(e) of section 427 of such title is amended by striking ‘‘De-
cember 31, 2004’’ and inserting ‘‘December 31, 2005’’. 
(2) Effective January 1, 2006, such section is further 
amended— 
(A) in subsection (a)(1), by striking ‘‘$100’’ and 
inserting ‘‘$250’’; and 
(B) by striking subsection (e). 
Subtitle C—Financial Management 
Matters 
SEC. 1541. REVISED FUNDING METHODOLOGY FOR MILI-
TARY RETIREE HEALTH CARE BENEFITS. 
(a) REVISION.—Section 1116 of title 10, United States 
Code, is amended to read as follows: 
‘‘§ 1116. Payments into the Fund 
‘‘(a) At the beginning of each fiscal year after Sep-
tember 30, 2005, the Secretary of the Treasury shall 
promptly pay into the Fund from the General Fund of the 
Treasury—
461 
‘‘(1) the amount certified to the Secretary by the 
Secretary of Defense under subsection (c), which shall 
be the contribution to the Fund for that fiscal year 
required by section 1115; and 
‘‘(2) the amount determined by each admin-
istering Secretary under section 1111(c) as the con-
tribution to the Fund on behalf of the members of the 
uniformed services under the jurisdiction of that Sec-
retary. 
‘‘(b) At the beginning of each fiscal year, the Secretary 
of Defense shall determine the sum of the following: 
‘‘(1) The amount of the payment for that year 
under the amortization schedule determined by the 
Board of Actuaries under section 1115(a) of this title 
for the amortization of the original unfunded liability 
of the Fund. 
‘‘(2) The amount (including any negative 
amount) of the Department of Defense contribution 
for that year as determined by the Secretary of De-
fense under section 1115(b) of this title. 
‘‘(3) The amount (including any negative 
amount) for that year under the most recent amorti-
zation schedule determined by the Secretary of De-
fense under section 1115(c)(2) of this title for the am-
ortization of any cumulative unfunded liability (or
462 
any gain) to the Fund resulting from changes in ben-
efits. 
‘(4) The amount (including any negative 
amount) for that year under the most recent amorti-
zation schedule determined by the Secretary of De-
fense under section 1115(c)(3) of this title for the am-
ortization of any cumulative actuarial gain or loss to 
the Fund resulting from actuarial assumption 
changes. 
‘‘(5) The amount (including any negative 
amount) for that year under the most recent amorti-
zation schedule determined by the Secretary of De-
fense under section 1115(c)(4) of this title for the am-
ortization of any cumulative actuarial gain or loss to 
the Fund resulting from actuarial experience. 
‘‘(c) The Secretary of Defense shall promptly certify 
the amount determined under subsection (b) each year to 
the Secretary of the Treasury.’’. 
(b) CONFORMING AMENDMENTS.—(1) Section 1111(c) 
of title 10, United States Code, is amended in the last sen-
tence by striking ‘‘1116’’ and all that follows through the 
end of the sentence and inserting ‘‘1115(b) of this title, and 
such contributions shall be paid into the Fund as provided 
in section 1116(a).’’.
463 
(2) Section 1115(a) of such title is amended by strik-
ing ‘‘1116(c)’’ and inserting ‘‘1116’’. 
(3) Section 1115(b) of such title is amended— 
(A) by striking ‘‘(1) The Secretary of Defense’’ 
and all that follows through ‘‘of this title.’’ and insert-
ing ‘‘The Secretary of Defense shall determine, before 
the beginning of each fiscal year after September 30, 
2005, the total amount of the Department of Defense 
contribution to be made to the Fund for that fiscal 
year for purposes of section 1116(b)(2).’’; 
(B) by striking paragraph (2); 
(C) by redesignating subparagraphs (A) and (B) 
as paragraphs (1) and (2), respectively; 
(D) in each of paragraphs (1) and (2), as so re-
designated, by redesignating clauses (i) and (ii) as 
subparagraphs (A) and (B), respectively; and 
(E) in paragraph (2)(B), as so redesignated, by 
striking ‘‘subparagraph (A)(ii)’’ and inserting ‘‘para-
graph (1)(B)’’. 
(4) Section 1115(c)(1) of such title is amended by 
striking ‘‘and section 1116(a) of this title’’. 
(5) Section 1115(c)(5) of such title is amended by 
striking ‘‘1116(c)’’ and inserting ‘‘1116’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2005.
464 
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS 
SECTION 2001. SHORT TITLE. 
This division may be cited as the ‘‘Military Construc-
tion Authorization Act for Fiscal Year 2005’’. 
TITLE XXI—ARMY 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2104(a)(1), the Secretary of the Army may ac-
quire real property and carry out military construction 
projects for the installations or locations inside the United 
States, and in the amounts, set forth in the following table: 
Army: Inside the United States 
State 
Installation or Location 
Amount 
Alabama .......................
Anniston Army Depot ...................
$23,690,000 
Alaska ...........................
Fort Richardson ............................
$24,300,000 
Fort Wainwright ...........................
$92,459,000 
California .....................
Fort Irwin ......................................
$38,100,000 
Colorado .......................
Fort Carson ....................................
$59,508,000 
Georgia .........................
Fort Benning .................................
$73,627,000 
Fort Gillem ....................................
$5,800,000 
Fort McPherson .............................
$4,900,000 
Fort Stewart/Hunter Army Air 
Field ...........................................
$65,495,000 
Hawaii .........................
Helemano Military Reservation ...
$75,300,000 
Hickam Air Force .........................
$11,200,000 
Schofield Barracks .........................
$241,792,000 
Kansas ..........................
Fort Riley ......................................
$44,050,000 
Kentucky ......................
Fort Campbell ................................
$89,600,000 
Fort Knox .......................................
$73,850,000 
Louisiana .....................
Fort Polk ........................................
$70,953,000 
Maryland .....................
Fort Detrick ...................................
$4,000,000
465 
Army: Inside the United States—Continued 
State 
Installation or Location 
Amount 
Missouri ........................
Fort Leonard Wood .......................
$21,450,000 
New Jersey ...................
Picatinny Arsenal .........................
$9,900,000 
New Mexico ..................
White Sands Missile Range ..........
$33,000,000 
New York ......................
Fort Drum .....................................
$13,650,000 
Fort Hamilton ...............................
$7,600,000 
Hancock Field ................................
$6,000,000 
Military 
Entrance 
Processing 
Station, Buffalo .........................
$6,200,000 
United States Military Academy, 
West Point ..................................
$60,000,000 
North Carolina ............
Fort Bragg .....................................
$111,687,000 
Oklahoma .....................
Fort Sill .........................................
$17,800,000 
Texas .............................
Camp Bullis ...................................
$5,300,000 
Fort Bliss .......................................
$19,400,000 
Fort Hood .......................................
$88,888,000 
Virginia ........................
Fort A.P. Hill ................................
$3,975,000 
Fort Lee ..........................................
$4,250,000 
Fort Myer .......................................
$49,526,000 
Washington ..................
Fort Lewis ......................................
$48,000,000 
Total .......................................
$1,505,250,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(2), the Secretary of the Army may 
acquire real property and carry out military construction 
projects for the installations or locations outside the United 
States, and in the amounts, set forth in the following table: 
Army: Outside the United States 
Country 
Installation or Location 
Amount 
Germany .......................
Grafenwoehr ......................................
$77,200,000 
Italy ...............................
Livorno ..............................................
$26,000,000 
Korea .............................
Camp Humphreys ............................
$12,000,000 
Total ..........................................
$115,200,000
466 
SEC. 2102. FAMILY HOUSING. 
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using 
amounts appropriated pursuant to the authorization of ap-
propriations in section 2104(a)(5)(A), the Secretary of the 
Army may construct or acquire family housing units (in-
cluding land acquisition and supporting facilities) at the 
installations or locations, for the purposes and in the 
amounts, set forth in the following table: 
Army: Family Housing 
State 
Installation or Lo-
cation 
Purpose 
Amount 
Alaska ................
Fort Richardson ............
92 Units ...........
$42,000,000 
Fort Wainwright ...........
246 Units .........
$124,000,000 
Arizona ..............
Fort Huachuca ..............
205 Units .........
$41,000,000 
Yuma Proving Ground
55 Units ...........
$14,900,000 
Kansas ...............
Fort Riley ......................
126 Units .........
$33,000,000 
New Mexico .......
White Sands Missile 
Range .........................
156 Units .........
$31,000,000 
Oklahoma ..........
Fort Sill .........................
247 Units .........
$47,000,000 
Virginia .............
Fort Lee .........................
218 Units .........
$46,000,000 
Fort Monroe ...................
68 Units ...........
$16,000,000 
Total ......................
...........................
$394,900,000 
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in 
section 2104(a)(5)(A), the Secretary of the Army may carry 
out architectural and engineering services and construction 
design activities with respect to the construction or im-
provement of family housing units in an amount not to 
exceed $29,209,000.
467 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States Code, 
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2104(a)(5)(A), the Sec-
retary of the Army may improve existing military family 
housing units in an amount not to exceed $211,990,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2004, for military construction, 
land acquisition and military family housing functions of 
the Department of the Army in the total amount of 
$3,428,815,000 as follows: 
(1) For military construction projects inside the 
United 
States 
authorized 
by 
section 
2101(a), 
$1,335,750,000. 
(2) For military construction projects outside the 
United 
States 
authorized 
by 
section 
2101(b), 
$115,200,000. 
(3) For unspecified minor military construction 
projects authorized by section 2805 of title 10, United 
States Code, $20,000,000. 
(4) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $161,209,000.
468 
(5) For military family housing functions: 
(A) For construction and acquisition, plan-
ning and design, and improvement of military 
family housing and facilities, $636,099,000. 
(B) For support of military family housing 
(including the functions described in section 
2833 
of 
title 
10, 
United 
States 
Code), 
$926,507,000. 
(6) For the construction of phase 2 of a barracks 
complex, 5th & 16th Street, at Fort Stewart/Hunter 
Army Air Field, Georgia, authorized by section 
2101(a) of the Military Construction Authorization 
Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1697), $32,950,000. 
(7) For the construction of phase 3 of a barracks 
complex renewal, Capron Road, at Schofield Bar-
racks, Hawaii, authorized by section 2101(a) of the 
Military Construction Authorization Act for Fiscal 
Year 2002 (division B of Public Law 107–107; 115 
Stat. 1283) and as amended by section 2105 of the 
Military Authorization Act for Fiscal Year 2004 (di-
vision B of Public Law 108–136; 117 Stat. 1697), 
$48,000,000. 
(8) For the construction of phase 2 of the Lewis 
& Clark instructional facility at Fort Leavenworth,
469 
Kansas, authorized by section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 2003 
(division B of Public Law 107–314; 116 Stat. 2681), 
$44,000,000. 
(9) For the construction of phase 2 of a barracks 
complex at Wheeler Sack Army Air Field at Fort 
Drum, New York, authorized by section 2101(a) of the 
Military Construction Authorization Act for Fiscal 
Year 2004 (division B of Public Law 108–136; 117 
Stat. 1697), $48,000,000. 
(10) For the construction of phase 2 of a bar-
racks complex, Bastogne Drive, Fort Bragg, North 
Carolina, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year 
2004 (division B of Public Law 108–136; 117 Stat. 
1697), $48,000,000. 
(11) For the construction of phase 3 of a mainte-
nance complex at Fort Sill, Oklahoma, authorized by 
section 2101(a) of the Military Construction Author-
ization Act for Fiscal Year 2003 (division B of Public 
Law 107–314; 116 Stat. 2681), $13,100,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost
470 
of all projects carried out under section 2101 of this Act 
may not exceed the sum of the following: 
(1) The total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection 
(a). 
(2) $41,000,000 (the balance of the amount au-
thorized under section 2101(a) to upgrade Drum 
Road, Helemano Military Reservation, Hawaii). 
(3) $25,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a 
vehicle maintenance facility, Schofield Barracks, Ha-
waii). 
(3) $25,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a 
barracks complex, Fort Campbell, Kentucky). 
(4) $22,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of 
trainee barracks, Basic Training Complex 1, Fort 
Knox, Kentucky). 
(5) $25,500,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a 
library and learning facility, United States Military 
Academy, West Point, New York).
471 
(6) $31,000,000 (the balance of the amount au-
thorized under section 2101(a) for a barracks complex 
renewal project, Fort Bragg, North Carolina). 
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2004 PROJECTS. 
(a) MODIFICATION OF INSIDE THE UNITED STATES 
PROJECTS.—The table in section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 2004 (divi-
sion B of Public Law 108–136; 117 Stat. 1697) is amend-
ed— 
(1) in the item relating to Fort Stewart/Hunter 
Army Air Field, Georgia, by striking ‘‘$113,500,000’’ 
in the amount column and inserting ‘‘$114,450,000’’; 
(2) in the item relating to Fort Drum, New 
York, by striking ‘‘$130,700,000’’ in the amount col-
umn and inserting ‘‘$135,700,000’’; and 
(3) by striking the amount identified as the total 
in 
the 
amount 
column 
and 
inserting 
‘‘$1,043,150,000’’. 
(b) CONFORMING AMENDMENTS.—Section 2104(b) of 
that Act (117 Stat. 1700) is amended— 
(1) in paragraph (2), by striking ‘‘$32,000,000’’ 
and inserting ‘‘$32,950,000’’; and 
(2) in paragraph (4), by striking ‘‘$43,000,000’’ 
and inserting ‘‘$48,000,000’’.
472 
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2003 PROJECT. 
(a) MODIFICATION OF INSIDE THE UNITED STATES 
PROJECT.—The table in section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 2003 (divi-
sion B of Public Law 107–314; 116 Stat. 2681), as amended 
by section 2105(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1700), is further amended— 
(1) in the item relating to Fort Sill, Oklahoma, 
by striking ‘‘$39,652,000’’ in the amount column and 
inserting ‘‘$40,752,000’’; and 
(2) by striking the amount identified as the total 
in 
the 
amount 
column 
and 
inserting 
‘‘$1,157,267,000’’. 
(b) CONFORMING AMENDMENT.—Section 2104(b)(6) of 
the Military Construction Authorization Act for Fiscal Year 
2003 (division B of Public Law 107–314; 116 Stat. 2684) 
is amended by striking ‘‘$25,000,000’’ and inserting 
‘‘$26,100,000’’. 
TITLE XXII—NAVY 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2204(a)(1), the Secretary of the Navy may ac-
473 
quire real property and carry out military construction 
projects for the installations or locations inside the United 
States, and in the amounts, set forth in the following table: 
Navy: Inside the United States 
State 
Installation or Location 
Amount 
Arizona ..........................
Marine Corps Air Station, Yuma ...
$26,670,000 
California ......................
Marine Corps Air-Ground Task 
Force 
Training 
Center, 
Twentynine Palms .......................
$15,700,000 
Marine Corps Air Station, Camp 
Pendleton .......................................
$11,540,000 
Marine Corps Base, Camp Pen-
dleton .............................................
$26,915,000 
Marine Corps Logistics Base, Bar-
stow ................................................
$4,930,000 
Naval Air Facility, El Centro .........
$54,331,000 
Naval Air Station, North Island .....
$10,180,000 
Naval Surface Warfare Center, Di-
vision Corona ................................
$9,850,000 
Connecticut ...................
Naval Submarine Base, New Lon-
don .................................................
$50,302,000 
District of Columbia ....
Naval Observatory, Washington ......
$3,239,000 
Florida ..........................
Eglin Air Force Base .......................
$2,060,000 
Naval Station, Mayport ...................
$6,200,000 
Georgia ..........................
Strategic Weapons Facility Atlan-
tic, Kings Bay ..............................
$16,000,000 
Hawaii ..........................
Naval Shipyard, Pearl Harbor .......
$5,100,000 
Illinois ...........................
Naval 
Training 
Center, 
Great 
Lakes .............................................
$74,781,000 
Indiana .........................
Naval 
Surface 
Warfare 
Center, 
Crane .............................................
$10,580,000 
Louisiana ......................
Joint Reserve Base/Naval Air Sta-
tion, New Orleans .........................
$6,030,000 
Maryland ......................
Naval Surface Warfare Center, In-
dian Head .....................................
$23,000,000 
North Carolina .............
Marine Corps Air Station, New 
River ..............................................
$35,140,000 
Marine Corps Base, Camp Lejeune 
$11,030,000 
Nevada ...........................
Naval Air Station, Fallon ...............
$4,980,000 
South Carolina .............
Marine Corps Air Station, Beaufort 
$5,480,000 
Virginia .........................
Camp Elmore Marine Corps De-
tachment ........................................
$13,500,000 
Marine 
Corps 
Air 
Facility, 
Quantico ........................................
$21,180,000 
Marine Corps Combat Development 
Command, Quantico ....................
$24,140,000 
Naval Air Station, Oceana ..............
$2,770,000 
Naval 
Amphibious 
Base, 
Little 
Creek ..............................................
$9,550,000 
Naval Station, Norfolk .....................
$4,330,000
474 
Navy: Inside the United States—Continued 
State 
Installation or Location 
Amount 
Naval Weapons Station, Yorktown
$9,870,000 
Washington ...................
Naval Air Station, Whidbey Island 
$1,990,000 
Naval Shipyard, Puget Sound ........
$23,455,000 
Naval Station, Bremerton ...............
$74,125,000 
Strategic Weapons Facility Pacific, 
Bangor ...........................................
$131,090,000 
Total ..........................................
$730,038,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(2), the Secretary of the Navy may 
acquire real property and carry out military construction 
projects for the installations or locations outside the United 
States, and in the amounts, set forth in the following table: 
Navy: Outside the United States 
Country 
Installation or Location 
Amount 
Bahamas .......................
Naval Undersea Warfare Center, 
Andros Islands ..............................
$20,750,000 
Diego Garcia .................
Naval Support Facility, Diego Gar-
cia ..................................................
$17,500,000 
Guam .............................
Naval Public Works Center, Guam
$20,700,000 
Naval Station, Guam .......................
$12,500,000 
Italy ...............................
Sigonella ............................................
$22,550,000 
Spain .............................
Naval Station, Rota .........................
$32,700,000 
Total ..........................................
$126,700,000 
(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:
475 
Navy: Unspecified Worldwide 
Location 
Installation or Location 
Amount 
Unspecified Worldwide .....................
$148,640,000 
Total ..........................................
$148,640,000 
SEC. 2202. FAMILY HOUSING. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2204(a)(6)(A), the Sec-
retary 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: 
Navy: Family Housing 
State 
Installation or Lo-
cation 
Purpose 
Amount 
North Carolina
Marine Corps Air Sta-
tion, Cherry Point ....
198 Units .........
$27,002,000 
Total ......................
...........................
$27,002,000 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States Code, 
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2204(a)(6)(A), the Sec-
retary of the Navy may improve existing military family 
housing units in an amount not to exceed $112,105,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal years begin-
476 
ning after September 30, 2004, for military construction, 
land acquisition, and military family housing functions of 
the Department of the Navy in the total amount of 
$1,913,273,000, as follows: 
(1) For military construction projects inside the 
United 
States 
authorized 
by 
section 
2201(a), 
$631,908,000. 
(2) For military construction projects outside the 
United 
States 
authorized 
by 
section 
2201(b), 
$126,700,000. 
(3) For the military construction projects at un-
specified worldwide locations authorized by section 
2201(c), $98,560,000. 
(4) For unspecified minor military construction 
projects authorized by section 2805 of title 10, United 
States Code, $12,000,000. 
(5) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $93,804,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, plan-
ning and design, and improvement of military 
family housing and facilities, $139,107,000.
477 
(B) For support of military family housing 
(including functions described in section 2833 of 
title 10, United States Code), $696,304,000. 
(7) For the construction of increment 2 of the 
tertiary sewage treatment plant at Marine Corps 
Base, Camp Pendleton, California, authorized by sec-
tion 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2004 (division B of Public 
Law 108–136; 117 Stat. 1703), $25,690,000. 
(8) For the construction of increment 2 of the 
general purpose berthing pier at Naval Weapons Sta-
tion, Earle, New Jersey, authorized by section 
2201(a) of the Military Construction Authorization 
Act of Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1704), $49,200,000. 
(9) For the construction of increment 2 of pier 
11 replacement at Naval Station, Norfolk, Virginia, 
authorized by section 2201(a) of the Military Con-
struction Authorization Act of Fiscal Year 2004 (divi-
sion B of Public Law 108–136; 117 Stat. 1704), 
$40,000,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost
478 
of all projects carried out under section 2201 of this Act 
may not exceed the sum of the following: 
(1) The total amount authorized to be appro-
priated under paragraphs (1), (2) and (3) of sub-
section (a). 
(2) $21,000,000 (the balance of the amount au-
thorized under section 2201(a) for apron and hangar 
recapitalization, Naval Air Facility, El Centro, Cali-
fornia). 
(3) $40,000,000 (the balance of the amount au-
thorized under section 2201(a) for construction of 
bachelor enlisted quarters, Naval Station, Bremerton, 
Washington). 
(4) $95,320,000 (the balance of the amount au-
thorized under section 2201(a) for construction of a 
limited area processing and storage complex, Stra-
tegic Weapons Facility Pacific, Bangor, Washington). 
(5) $34,098,000 (the balance of the amount au-
thorized under section 2201(c) for construction of a 
White Side complex at an unspecified location world-
wide). 
(6) $15,982,000 (the balance of the amount au-
thorized under section 2201(c) for construction of a 
presidential helicopter programs support facility at 
an unspecified location).
479 
TITLE XXIII—AIR FORCE 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2304(a)(1), the Secretary of the Air Force may 
acquire real property and carry out military construction 
projects for the installations or locations inside the United 
States, and in the amounts, set forth in the following table: 
Air Force: Inside the United States 
State 
Installation or Location 
Amount 
Alaska ............................
Elmendorf Air Force Base ...............
$26,057,000 
Arizona ..........................
Davis-Monthan Air Force Base .......
$17,029,000 
Luke Air Force Base ........................
$17,900,000 
Arkansas ........................
Little Rock Air Force Base ..............
$8,931,000 
California ......................
Beale Air Force Base .......................
$10,186,000 
Edwards Air Force Base ..................
$9,965,000 
Travis Air Force Base ......................
$18,894,000 
Colorado ........................
Buckley Air Force Base ...................
$12,247,000 
Florida ..........................
Tyndall Air Force Base ...................
$29,162,000 
Georgia ..........................
Moody Air Force Base .....................
$9,600,000 
Robins Air Force Base .....................
$15,000,000 
Hawaii ..........................
Hickam Air Force Base ...................
$25,900,000 
Louisiana ......................
Barksdale Air Force Base ................
$13,800,000 
Maryland ......................
Andrews Air Force Base ..................
$17,100,000 
Mississippi ....................
Columbus Air Force Base ................
$7,700,000 
Missouri .........................
Whiteman Air Force Base ...............
$7,600,000 
New Mexico ...................
Kirtland Air Force Base ..................
$9,200,000 
North Carolina .............
Pope Air Force Base ........................
$15,150,000 
Ohio ...............................
Wright-Patterson Air Force Base ....
$9,200,000 
South Carolina .............
Shaw Air Force Base .......................
$7,000,000 
Tennessee .......................
Arnold Air Force Base .....................
$24,500,000 
Texas ..............................
Dyess Air Force Base .......................
$3,300,000 
Lackland Air Force Base .................
$2,596,000 
Laughlin Air Force Base .................
$6,900,000 
Sheppard Air Force Base ................
$50,284,000 
Utah ...............................
Hill Air Force Base ..........................
$18,013,000 
Wyoming .......................
F.E. Warren Air Force Base ...........
$5,500,000 
Total ..........................................
$398,714,000
480 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(2), the Secretary of the Air Force 
may acquire real property and carry out military construc-
tion projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following 
table: 
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Germany .......................
Ramstein Air Base ...........................
$25,404,000 
Greenland ......................
Thule Air Base ..................................
$19,800,000 
Guam .............................
Andersen Air Force Base .................
$19,593,000 
Italy ...............................
Aviano Air Base ...............................
$6,760,000 
Japan ............................
Misawa Air Base ..............................
$6,700,000 
Korea .............................
Kunsan Air Base ..............................
$37,100,000 
Osan Air Base ..................................
$18,600,000 
Portugal .........................
Lajes Field, Azores ...........................
$5,689,000 
Spain .............................
Naval Station, Rota .........................
$14,153,000 
United Kingdom ...........
Royal Air Force Lakenheath ...........
$5,500,000 
Total ..........................................
$159,299,000 
(c) UNSPECIFIED WORLDWIDE.—Using the amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(3), the Secretary of the Air Force 
may acquire real property and carry out military construc-
tion projects for the installations or locations, and in the 
amount, set forth in the following table: 
Air Force: Unspecified Worldwide 
Location 
Installation or Location 
Amount 
Classified Locations ..........................
$26,121,000 
Unspecified Worldwide .....................
$28,794,000 
Total ..........................................
$54,915,000
481 
SEC. 2302. FAMILY HOUSING. 
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using 
amounts appropriated pursuant to the authorization of ap-
propriations in section 2304(a)(6)(A), the Secretary of the 
Air Force 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: 
Air Force: Family Housing 
State 
Installation or Lo-
cation 
Purpose 
Amount 
Arizona ..............
Davis-Monthan Air 
Force Base .................
250 Units .........
$48,500,000 
California ..........
Edwards Air Force 
Base ...........................
218 Units .........
$41,202,000 
Vandenberg Air Force 
Base ...........................
120 Units .........
$30,906,000 
Florida ..............
MacDill Air Force Base 
61 Units ...........
$21,723,000 
MacDill Air Force Base 
Housing Main-
tenance Fa-
cility .............
$1,250,000 
Idaho .................
Mountain Home Air 
Force Base .................
147 Units .........
$39,333,000 
Mississippi ........
Columbus Air Force 
Base ...........................
Housing Man-
agement Fa-
cility .............
$711,000 
Missouri ............
Whiteman Air Force 
Base ...........................
160 Units .........
$37,087,000 
Montana ............
Malmstrom Air Force 
Base ...........................
115 Units .........
$29,910,000 
North Carolina
Seymour Johnson Air 
Force Base .................
167 Units .........
$32,693,000 
North Dakota ....
Grand Forks Air Force 
Base ...........................
90 Units ...........
$26,169,000 
Minot Air Force Base ...
142 Units .........
$37,087,000 
South Carolina
Charleston Air Force 
Base ...........................
Fire Station .....
$1,976,000 
South Dakota ....
Ellsworth Air Force 
Base ...........................
75 Units ...........
$21,482,000 
Texas .................
Dyess Air Force Base ...
127 Units .........
$28,664,000 
Goodfellow Air Force 
Base ...........................
127 Units .........
$20,604,000 
Germany ...........
Ramstein Air Base .......
144 Units .........
$57,691,000
482 
Air Force: Family Housing—Continued 
State 
Installation or Lo-
cation 
Purpose 
Amount 
Italy ...................
Aviano Air Base ...........
Housing Office
$2,542,000 
Korea .................
Osan Air Base ...............
117 Units .........
$46,834,000 
United Kingdom 
Royal Air Force 
Lakenheath ................
154 Units .........
$43,976,000 
Total ......................
...........................
$570,340,000 
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in 
section 2304(a)(6)(A), the Secretary of the Air Force may 
carry out architectural and engineering services and con-
struction design activities with respect to the construction 
or improvement of military family housing units in an 
amount not to exceed $38,266,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States Code, 
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2304(a)(6)(A), the Sec-
retary of the Air Force may improve existing military fam-
ily housing units in an amount not to exceed $238,353,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 
FORCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2004, for military construction, 
land acquisition, and military family housing functions of
483 
the Department of the Air Force in the total amount of 
$2,493,679,000, as follows: 
(1) For military construction projects inside the 
United 
States 
authorized 
by 
section 
2301(a), 
$398,714,000. 
(2) For military construction projects outside the 
United 
States 
authorized 
by 
section 
2301(b), 
$159,299,000. 
(3) For the military construction projects at un-
specified worldwide locations authorized by section 
2301(c), $54,915,000. 
(4) For unspecified minor military construction 
projects authorized by section 2805 of title 10, United 
States Code, $13,000,000. 
(5) For architectural and engineering services 
and construction design, under section 2807 of title 
10, United States Code, $166,126,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, plan-
ning and design and improvement of military 
family housing and facilities, $846,959,000. 
(B) For support of military family housing 
(including functions described in section 2833 of 
title 10, United States Code), $854,666,000.
484 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2301 of this Act 
may not exceed the total amount authorized to be appro-
priated under paragraphs (1), (2), and (3) of subsection 
(a). 
TITLE XXIV—DEFENSE 
AGENCIES 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2404(a)(1), the Secretary of Defense may acquire 
real property and carry out military construction projects 
for the installations or locations inside the United States, 
and in the amounts, set forth in the following table: 
Defense Agencies: Inside the United States 
Agency 
Installation or Location 
Amount 
Defense Intelligence 
Agency .......................
Bolling Air Force Base, District of 
Columbia .......................................
$6,000,000 
Defense Logistics Agen-
cy ...............................
Defense Distribution Depot, New 
Cumberland, Pennsylvania .........
$22,300,000 
Defense Distribution Depot, Rich-
mond, Virginia .............................
$10,100,000 
Defense Fuel Support Point, Naval 
Air Station, Oceana, Virginia ....
$3,589,000 
Defense Supply Center, Columbus, 
Ohio ...............................................
$5,500,000
485 
Defense Agencies: Inside the United States—Continued 
Agency 
Installation or Location 
Amount 
Marina Corps Air Station, Cherry 
Point, North Carolina ..................
$22,700,000 
Naval 
Air 
Station, 
Kingsville, 
Texas .............................................
$3,900,000 
Naval Station, Pearl Harbor, Ha-
waii ...............................................
$3,500,000 
Tinker Air Force Base, Oklahoma ..
$5,400,000 
Travis Air Force Base, California ..
$15,100,000 
Missile Defense Agency
Huntsville, Alabama ........................
$19,560,000 
National Security 
Agency .......................
Fort Meade, Maryland .....................
$15,007,000 
Special Operations 
Command ..................
Corona, California ...........................
$13,600,000 
Fleet 
Combat 
Training 
Center, 
Dam Neck, Virginia .....................
$5,700,000 
Fort A.P. Hill, Virginia ..................
$1,500,000 
Fort Bragg, North Carolina ............
$42,888,000 
Fort Stewart/Hunter Army Air 
Field, Georgia ...............................
$17,600,000 
Hurlburt Field, Florida ...................
$2,500,000 
Naval 
Amphibious 
Base, 
Little 
Creek, Virginia .............................
$33,200,000 
Naval Air Station, North Island, 
California ......................................
$1,000,000 
TRICARE Management 
Activity .....................
Buckley Air Force Base, Colorado ..
$2,100,000 
Defense Language Institute, Pre-
sidio, Monterey .............................
$6,700,000 
Fort Belvoir, Virginia ......................
$100,000,000 
Fort Benning, Georgia .....................
$7,100,000 
Langley Air Force Base, Virginia ..
$50,800,000 
Marine Corps Recruit Depot, Par-
ris Island, South Carolina ..........
$25,000,000 
Naval Air Station, Jacksonville, 
Florida ..........................................
$28,438,000 
Total ..........................................
$470,782,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(2), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations or locations outside the United 
States, and in the amounts, set forth in the following table:
486 
Defense Agencies: Outside the United States 
Agency 
Installation or Location 
Amount 
Defense Education Ac-
tivity ..........................
Grafenwoehr, Germany ....................
$36,247,000 
Naval Station, Guam .......................
$26,964,000 
Vilseck, Germany ..............................
$9,011,000 
Defense Logistics Agen-
cy ...............................
Defense Fuel Support Point, Lajes 
Field, Portugal .............................
$19,113,000 
Misawa Air Base, Japan .................
$19,900,000 
Special Operations 
Command ..................
Naval Station, Guam, Marianas Is-
lands ..............................................
$2,200,000 
Royal Air Force Mildenhall, United 
Kingdom ........................................
$10,200,000 
TRICARE Management 
Activity .....................
Diego Garcia .....................................
$3,800,000 
Grafenwoehr, Germany ....................
$13,000,000 
Total ..........................................
$140,435,000 
(c) UNSPECIFIED WORLDWIDE.—Using the amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(3), the Secretary of Defense 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: 
Defense Agencies: Unspecified Worldwide 
Location 
Installation or Location 
Amount 
Special Operations 
Command ..................
Classified Locations ..........................
$7,400,000 
Unspecified Worldwide .....................
$2,900,000 
Total ..........................................
$10,300,000 
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States Code, 
and using amounts appropriated pursuant to the author-
487 
ization of appropriations in section 2404(a)(9)(A), the Sec-
retary of Defense may improve existing military family 
housing units in an amount not to exceed $49,000. 
SEC. 2403. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2404(a)(7), the Sec-
retary of Defense may carry out energy conservation 
projects under section 2865 of title 10, United States Code, 
in the amount of $50,000,000. 
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 
AGENCIES. 
(a) MODIFICATION OF INSIDE THE UNITED STATES 
PROJECTS.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2004, 
for military construction, land acquisition, and military 
family housing functions of the Department of Defense 
(other than the military departments) in the total amount 
of $1,089,063,000, as follows: 
(1) For military construction projects inside the 
United 
States 
authorized 
by 
section 
2401(a), 
$413,782,000. 
(2) For military construction projects outside the 
United 
States 
authorized 
by 
section 
2401(b), 
$140,435,000.
488 
(3) For the military construction projects at un-
specified worldwide locations authorized by section 
2401(c), $10,300,000. 
(4) For unspecified minor military construction 
projects under section 2805 of title 10, United States 
Code, $20,938,000. 
(5) For contingency construction projects of the 
Secretary of Defense under section 2804 of title 10, 
United States Code, $10,000,000. 
(6) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $63,482,000. 
(7) For Energy Conservation projects authorized 
by section 2404 of this Act, $50,000,000. 
(8) For base closure and realignment activities 
as authorized by the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public 
Law 101–510; 10 U.S.C. 2687 note), $246,116,000. 
(9) For military family housing functions: 
(A) For improvement of military family 
housing and facilities, $49,000. 
(B) For support of military family housing 
(including functions described in section 2833 of 
title 10, United States Code), $49,575,000.
489 
(C) For credit to the Department of Defense 
Family Housing Improvement Fund established 
by section 2883(a)(1) of title 10, United States 
Code, $2,500,000. 
(10) For the construction of phase 6 of an am-
munition demilitarization facility at Pueblo Depot 
Activity, Colorado, authorized by section 2401(a) of 
the Military Construction Authorization Act for Fis-
cal Year 1997 (division B of Public Law 104–201; 
110 Stat. 2775), as amended by section 2406 of the 
Military Construction Authorization Act for Fiscal 
Year 2000 (division B of Public Law 106–65; 113 
Stat. 839), and section 2407 of the Military Construc-
tion Authorization Act for Fiscal Year 2003 (division 
B of Public Law 107–314; 116 Stat. 2698), 
$44,792,000. 
(11) For the construction of phase 5 of an am-
munition demilitarization facility at Blue Grass 
Army Depot, Kentucky, authorized by section 2401(a) 
of the Military Construction Authorization Act for 
Fiscal Year 2000 (division B of Public Law 106–65; 
113 Stat. 835), as amended by section 2405 of the 
Military Construction Authorization Act of 2002 (di-
vision B of Public Law 107–107; 115 Stat. 1298), 
and section 2405 of the Military Construction Author-
490 
ization Act for Fiscal Year 2003 (division B of Public 
Law 107–314; 116 Stat. 2698), $37,094,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2401 of this Act 
may not exceed the sum of the following: 
(1) The total amount authorized to be appro-
priated under paragraphs (1), (2) and (3) of sub-
section (a). 
(2) $57,000,000 (the balance of the amount au-
thorized under section 2401(a) for hospital replace-
ment, Fort Belvoir, Virginia). 
TITLE 
XXV—NORTH 
ATLANTIC 
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
The Secretary of Defense may make contributions for 
the North Atlantic Treaty Organization Security Invest-
ment Program as provided in section 2806 of title 10, 
United States Code, in an amount not to exceed the sum 
of the amount authorized to be appropriated for this pur-
491 
pose in section 2502 and the amount collected from the 
North Atlantic Treaty Organization as a result of construc-
tion previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2004, for contribu-
tions by the Secretary of Defense under section 2806 of title 
10, United States Code, for the share of the United States 
of the cost of projects for the North Atlantic Treaty Organi-
zation Security Investment Program authorized by section 
2501, in the amount of $165,800,000. 
TITLE XXVI—GUARD AND 
RESERVE FORCES FACILITIES 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2004, for the costs 
of acquisition, architectural and engineering services, and 
construction of facilities for the Guard and Reserve Forces, 
and for contributions therefor, under chapter 1803 of title 
10, United States Code (including the cost of acquisition 
of land for those facilities), the following amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the 
United States, $393,225,000; and
492 
(B) for the Army Reserve, $116,955,000. 
(2) For the Department of the Navy, for the 
Naval and Marine Corps Reserve, $30,955,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the 
United States, $184,620,000; and 
(B) for the Air Force Reserve, $114,090,000. 
TITLE XXVII—EXPIRATION AND 
EXTENSION OF AUTHORIZA-
TIONS 
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS REQUIRED TO BE SPECIFIED BY 
LAW. 
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE 
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVI for military 
construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment Program 
(and authorizations of appropriations therefor) shall expire 
on the later of— 
(1) October 1, 2007; or 
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year 
2008.
493 
(b) EXCEPTION.—Subsection (a) shall not apply to au-
thorizations for military construction projects, land acqui-
sition, family housing projects and facilities, and contribu-
tions to the North Atlantic Treaty Organization Security 
Investment program (and authorizations of appropriations 
therefor), for which appropriated funds have been obligated 
before the later of— 
(1) October 1, 2007; or 
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2008 for military construc-
tion projects, land acquisition, family housing 
projects and facilities, or contributions to the North 
Atlantic Treaty Organization Security Investment 
program. 
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN 
FISCAL YEAR 2002 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the 
Military Construction Authorization Act for Fiscal Year 
2002 (division B of Public Law 107–107; 115 Stat. 1301), 
authorizations set forth in the tables in subsection (b), as 
provided in section 2101 or 2302 of that Act, shall remain 
in effect until October 1, 2005, or the date of the enactment 
of an Act authorizing funds for military construction for 
fiscal year 2006, whichever is later.