444
(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
(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 insert-
ing ‘‘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 ‘‘Commis-
sion on the Long-Term Implementation of the New
Strategic Posture of the United States’’. The Sec-
retary of Defense shall enter into a contract with a
federally funded research and development center to
provide for the organization, management, and sup-
445
port of the Commission. Such contract shall be en-
tered into in consultation with the Secretary of En-
ergy.
(2) COMPOSITION.—(A) The Commission shall
be composed of 12 members who shall be appointed
by the Secretary of Defense. In selecting individuals
for appointment to the Commission, the Secretary of
Defense shall consult with the chairman and ranking
minority member of the Committee on Armed Serv-
ices of the Senate and the chairman and ranking mi-
nority 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 mem-
bers of the Commission to serve as chairman of the
Commission.
(4) PERIOD
OF
APPOINTMENT; VACANCIES.—
Members shall be appointed for the life of the Com-
mission. Any vacancy in the Commission shall be
446
filled in the same manner as the original appoint-
ment.
(5) SECURITY CLEARANCES.—All members of
the Commission shall hold appropriate security
clearances.
(b) DUTIES OF COMMISSION.—
(1) REVIEW OF LONG-TERM IMPLEMENTATION
OF THE NUCLEAR POSTURE REVIEW.—The Com-
mission shall examine long-term programmatic re-
quirements to achieve the goals set forth in the re-
port of the Secretary of Defense submitted to Con-
gress on December 31, 2001, providing the results
of the Nuclear Posture Review conducted pursuant
to section 1041 of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as en-
acted into law by Public Law 106–398; 114 Stat.
1654, 1654A–262) and results of periodic assess-
ments of the Nuclear Posture Review. Matters ex-
amined by the Commission shall include the fol-
lowing:
(A) The process of establishing require-
ments for strategic forces and how that process
accommodates employment of nonnuclear strike
platforms and munitions in a strategic role.
447
(B) How strategic intelligence, reconnais-
sance, and surveillance requirements differ from
nuclear intelligence, reconnaissance, and sur-
veillance requirements.
(C) The ability of a limited number of
strategic platforms to carry out a growing
range of nonnuclear strategic strike missions.
(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
current nuclear stockpile to address the evolving
strategic threat environment through 2025.
(2) 
RECOMMENDATIONS.—The 
Commission
shall include in its report recommendations with re-
spect to the following:
(A) Changes to the requirements process
to employ nonnuclear strike platforms and mu-
nitions in a strategic role.
(B) Changes to the nuclear stockpile and
infrastructure required to preserve a nuclear ca-
pability commensurate with the changes to the
strategic threat environment through 2025.
(C) Actions the Secretary of Defense and
the Secretary of Energy can take to preserve
448
flexibility of the defense nuclear comples while
reducing the cost of a Cold War strategic infra-
structure.
(D) Identify shortfalls in the strategic
modernization programs of the United States
that would undermine the ability of the United
States to develop new nonnuclear strategic
strike capabilities.
(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
providing 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
Department of Defense, respectively, to serve as a li-
aison officer between the department and the Com-
mission.
(c) REPORTS.—
(1) COMMISSION
REPORT.—The Commission
shall submit to the Secretary of Defense and the
449
Committees on Armed Services of the Senate and
House of Representatives a report on the Commis-
sion’s findings 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-
mission submits its report under paragraph (1), the
Secretary of Defense shall submit to Congress a
report—
(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-
450
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
detail, on a nonreimbursable basis, personnel of that
department or agency to the Commission to assist it
in carrying out its duties.
(e) FUNDING.—Funds for activities of the Commis-
sion shall be provided from amounts appropriated for the
Department of Defense.
(f) TERMINATION OF COMMISSION.—The Commis-
sion shall terminate 60 days after the date of the submis-
sion of its report under subsection (c)(1).
(g) IMPLEMENTATION.—
(1) FFRDC CONTRACT.—The Secretary of De-
fense shall enter into the contract required under
subsection (a)(1) not later that 60 days after the
date of the enactment of this Act.
(2) FIRST
MEETING.—The Commission shall
convene its first meeting not later than 60 days
after the date as of which all members of the Com-
mission have been appointed.
451
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:
‘‘(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
MARITIME ENVIRONMENT.—Subparagraph (D) of sub-
section (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 (re-
lating 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
452
States in and to a F3A-1 Brewster Corsair aircraft (Bu-
reau 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
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 oper-
ation and maintenance of the aircraft conveyed shall be
borne by the transferee.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with a conveyance under this section
as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 1077. ASSIGNMENT OF MEMBERS TO ASSIST BUREAU
OF BORDER SECURITY AND BUREAU OF CITI-
ZENSHIP AND IMMIGRATION SERVICES OF
THE DEPARTMENT OF HOMELAND SECURITY.
(a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE-
FENSE.—Chapter 18 of title 10, United States Code, is
453
amended by inserting after section 374 the following new
section:
‘‘§ 374a. Assignment of members to assist border pa-
trol and control
‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission
of a request consistent with subsection (b), the Secretary
of Defense may assign members of the Army, Navy, Air
Force, and Marine Corps to assist—
‘‘(1) the Bureau of Border Security of the De-
partment of Homeland Security in preventing the
entry of terrorists, drug traffickers, and illegal aliens
into the United States; and
‘‘(2) the United States Customs Service of the
Department of Homeland Security in the inspection
of cargo, vehicles, and aircraft at points of entry
into the United States to prevent the entry of weap-
ons of mass destruction, components of weapons of
mass destruction, prohibited narcotics or drugs, or
other terrorist or drug trafficking items.
‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment
of members under subsection (a) may occur only if—
‘‘(1) the assignment is at the request of the
Secretary of Homeland Security; and
‘‘(2) the request is accompanied by a certifi-
cation by the Secretary of Homeland Security that
454
the assignment of members pursuant to the request
is necessary to respond to a threat to national secu-
rity posed by the entry into the United States of ter-
rorists, drug traffickers, or illegal aliens.
‘‘(c) TRAINING
PROGRAM
REQUIRED.—The Sec-
retary of Homeland Security and the Secretary of De-
fense, shall establish a training program to ensure that
members receive general instruction regarding issues af-
fecting law enforcement in the border areas in which the
members may perform duties under an assignment under
subsection (a). A member may not be deployed at a border
location pursuant to an assignment under subsection (a)
until the member has successfully completed the training
program.
‘‘(d) CONDITIONS OF USE.—(1) Whenever a member
who is assigned under subsection (a) to assist the Bureau
of Border Security or the United States Customs Service
is performing duties at a border location pursuant to the
assignment, a civilian law enforcement officer from the
agency concerned shall accompany the member.
‘‘(2) Nothing in this section shall be construed to—
‘‘(A) authorize a member assigned under sub-
section (a) to conduct a search, seizure, or other
similar law enforcement activity or to make an ar-
rest; and
455
‘‘(B) supersede section 1385 of title 18 (popu-
larly known as the ‘Posse Comitatus Act’).
‘‘(e) ESTABLISHMENT
OF ONGOING JOINT TASK
FORCES.—(1) The Secretary of Homeland Security may
establish ongoing joint task forces if the Secretary of
Homeland Security determines that the joint task force,
and the assignment of members to the joint task force,
is necessary to respond to a threat to national security
posed by the entry into the United States of terrorists,
drug traffickers, or illegal aliens.
‘‘(2) If established, the joint task force shall fully
comply with the standards as set forth in this section.
‘‘(f) NOTIFICATION REQUIREMENTS.—The Secretary
of Homeland Security shall provide to the Governor of the
State in which members are to be deployed pursuant to
an assignment under subsection (a) and to local govern-
ments in the deployment area notification of the deploy-
ment of the members to assist the Department of Home-
land Security under this section and the types of tasks
to be performed by the members.
‘‘(g) REIMBURSEMENT REQUIREMENT.—Section 377
of this title shall apply in the case of members assigned
under subsection (a).
456
‘‘(h) TERMINATION OF AUTHORITY.—No assignment
may be made or continued under subsection (a) after Sep-
tember 30, 2006.’’.
(b) COMMENCEMENT OF TRAINING PROGRAM.—The
training program required by subsection (c) of section
374a of title 10, United States Code, as added by sub-
section (a), shall be established as soon as practicable
after the date of the enactment of this Act.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 374 the following new
item:
‘‘374a. Assignment of members to assist border patrol and control.’’.
SEC. 1078. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY
SERVICES.
Section 1588 of title 10, United States Code, is
amended—
(1) in subsection (a), by adding at the end the
following new paragraph:
‘‘(8) Voluntary services to support programs of
a committee of the Employer Support of the Guard
and Reserve as authorized by the Secretary of De-
fense.’’; and
(2) in subsection (f)(1), by inserting ‘‘and
(a)(8)’’ before the period at the end.
457
SEC. 1079. TRANSFER OF EXCESS DEPARTMENT OF DE-
FENSE PERSONAL PROPERTY SUITABLE FOR
FIREFIGHTING USE TO SUPPORT FEDERAL
EXCESS PERSONAL PROPERTY PROGRAM.
(a) IN GENERAL.—Section 2576b of title 10, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Subject’’ and inserting
‘‘Notwithstanding any other provision of law
and subject’’; and
(B) by striking ‘‘a firefighting agency in a
State’’ and inserting ‘‘the United States Forest
Service’’;
(2) in subsections (b)(2) and (c), by striking
‘‘recipient firefighting agency’’ and inserting ‘‘Forest
Service’; and
(3) by striking subsection (d) and inserting the
following new subsections:
‘‘(d) PRIORITY FOR RURAL FIREFIGHTING AGEN-
CIES.—(1) Subject to paragraph (2), the Secretary of De-
fense shall enter into an agreement with the Secretary of
Agriculture to use the existing property disposal program
of the Forest Service, known as the Federal Excess Per-
sonal Property Program, to facilitate the reutilization of
Department of Defense personal property described in
subsection (a) by firefighting agencies in rural areas.
458
‘‘(2) An agreement under paragraph (1) shall not
provide for the reutilization of Department of Defense air-
craft by the Forest Service until the end of the one-year
period beginning on the date on which the Secretary of
Agriculture submits a report to the Committee on Agri-
culture and the Committee on Armed Services of the
House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry and the Committee on
Armed Services of the Senate detailing measures taken by
the Forest Service in response to National Transportation
Safety Board Recommendations A-04-29 through A-04-
33.
‘‘(3) The transfer of Department of Defense personal
property described in subsection (a) to the Forest Service
for reutilization by firefighting agencies in rural areas
shall be afforded a property disposal priority at least equal
to the priority given the military departments and other
entities within the Department of Defense.
‘‘(e) DEFINITION OF STATE.—The term ‘State’ in-
cludes the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, and any territory or possession of the United
States.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
459
‘‘§ 2576b. Excess personal property: reutilization to
assist firefighting agencies’’.
(2) The table of sections at the beginning of chapter
153 of such title is amended by striking the item relating
to section 2576b and inserting the following new item:
‘‘2576b. Excess personal property: reutilization to assist firefighting agencies.’’.
SEC. 1080. EXPANSION OF DEPARTMENT OF DEFENSE EX-
CESS PERSONAL PROPERTY DISPOSAL PRO-
GRAM TO INCLUDE HEALTH AGENCIES.
(a) INCLUSION
OF HEALTH AGENCIES.—Section
2576b of title 10, United States Code, is amended by add-
ing at the end the following new subsection:
‘‘(e) TRANSFER TO STATE HEALTH AGENCIES.—The
Secretary of Defense may expand the program authorized
by this section to include the transfer to State health
agencies of personal property of the Department of De-
fense that the Secretary determines is—
‘‘(1) excess to the needs of the Department of
Defense; and
‘‘(2) suitable for use in responding to health or
environmental emergencies.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
460
‘‘§ 2576b. Excess personal property: reutilization to
assist firefighting agencies and health
agencies
(2) The table of sections at the beginning of chapter
153 of such title is amended by striking the item relating
to section 2576b and inserting the following new item:
‘‘2576b. Excess personal property: reutilization to assist firefighting agencies
and health agencies.’’.
SEC. 1081. PLACEMENT OF MEMORIAL IN ARLINGTON NA-
TIONAL CEMETERY HONORING NONCITIZENS
KILLED IN THE LINE OF DUTY WHILE SERV-
ING IN THE ARMED FORCES OF THE UNITED
STATES.
(a) IN GENERAL.—The Secretary of the Army shall
place in Arlington National Cemetery a memorial marker
honoring the service and sacrifice of noncitizens killed in
the line of duty while serving in the Armed Forces of the
United States.
(b) APPROVAL OF DESIGN AND SITE.—The Secretary
of the Army, in consultation with Secretary of Veterans
Affairs, shall approve an appropriate design and site with-
in Arlington National Cemetery for the memorial marker
provided for under subsection (a).
(c) USE OF FEDERAL FUNDS.—Federal funds shall
not be required or permitted to be used for the design
461
and construction of the memorial marker provided for
under subsection (a).
(d) AUTHORITY TO ACCEPT DONATIONS.—(1) The
Secretary of the Army may accept gifts and donations of
services, money, and property (including personal, tan-
gible, or intangible property) for the design and construc-
tion of the memorial marker provided for under subsection
(a).
(2) The authority of the Secretary of the Army to
accept gifts and donations under paragraph (1) shall ex-
pire on the date that is five years after the date of the
enactment of this Act.
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
COV-
ERAGE.—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;
487
posed 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
contracts, 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 serv-
icing and maintenance, if the Secretary of Defense
determines in writing alternative sources for per-
forming 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 pro-
cured under the contract are essential to the na-
tional security of the United States.
(2) Determinations under paragraph (1) shall be pub-
lished in the Federal Register.
(f) DEFINITIONS.—In this section: