H. R. 4200—264
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 1587 the following new item:
‘‘1587a. Employees of nonappropriated fund instrumentalities: senior executive pay
levels.’’.
SEC. 1105. SCIENCE, MATHEMATICS, AND RESEARCH FOR TRANS-
FORMATION (SMART) DEFENSE SCHOLARSHIP PILOT
PROGRAM.
(a) REQUIREMENT FOR PROGRAM.—(1) The Secretary of Defense
shall carry out a pilot program to provide financial assistance
for education in science, mathematics, engineering, and technology
skills and disciplines that, as determined by the Secretary, are
critical to the national security functions of the Department of
Defense and are needed in the Department of Defense workforce.
(2) The pilot program under this section shall be carried out
for three years beginning on the date of the enactment of this
Act.
(b) SCHOLARSHIPS.—(1) Under the pilot program, the Secretary
of Defense may award a scholarship in accordance with this section
to a person who—
(A) is a citizen of the United States;
(B) is pursuing an undergraduate or advanced degree in
a critical skill or discipline described in subsection (a) at an
institution of higher education; and
(C) enters into a service agreement with the Secretary
of Defense as described in subsection (c).
(2) The amount of the financial assistance provided under a
scholarship awarded to a person under this subsection shall be
the amount determined by the Secretary of Defense as being nec-
essary to pay all educational expenses incurred by that person,
including tuition, fees, cost of books, laboratory expenses, and
expenses of room and board. The expenses paid, however, shall
be limited to those educational expenses normally incurred by stu-
dents at the institution of higher education involved.
(c) SERVICE AGREEMENT FOR RECIPIENTS OF ASSISTANCE.—(1)
To receive financial assistance under this section—
(A) in the case of an employee of the Department of
Defense, the employee shall enter into a written agreement
to continue in the employment of the department for the period
of obligated service determined under paragraph (2); and
(B) in the case of a person not an employee of the Depart-
ment of Defense, the person shall enter into a written agree-
ment to accept and continue employment in the Department
of Defense for the period of obligated service determined under
paragraph (2).
(2) For the purposes of this subsection, the period of obligated
service for a recipient of a scholarship under this section shall
be the period determined by the Secretary of Defense as being
appropriate to obtain adequate service in exchange for the financial
assistance provided under the scholarship. In no event may the
period of service required of a recipient be less than the total
period of pursuit of a degree that is covered by the scholarship.
The period of obligated service is in addition to any other period
for which the recipient is obligated to serve in the civil service
of the United States.
H. R. 4200—265
(3) An agreement entered into under this subsection by a person
pursuing an academic degree shall include any terms and conditions
that the Secretary of Defense determines necessary to protect the
interests of the United States or otherwise appropriate for carrying
out this section.
(d) REFUND FOR PERIOD OF UNSERVED OBLIGATED SERVICE.—
(1) A person who voluntarily terminates service before the end
of the period of obligated service required under an agreement
entered into under subsection (c) shall refund to the United States
an amount determined by the Secretary of Defense as being appro-
priate to obtain adequate service in exchange for financial assist-
ance.
(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
(3) The Secretary of Defense may waive, in whole or in part,
a refund required under paragraph (1) if the Secretary determines
that recovery would be against equity and good conscience or would
be contrary to the best interests of the United States.
(4) A discharge in bankruptcy under title 11, United States
Code, that is entered less than five years after the termination
of an agreement under this section does not discharge the person
signing such agreement from a debt arising under such agreement
or under this subsection.
(e) RELATIONSHIP
TO OTHER PROGRAMS.—The pilot program
under this section is in addition to the authorities provided in
chapter 111 of title 10, United States Code. The Secretary of Defense
shall coordinate the provision of financial assistance under the
authority of this section with the provision of financial assistance
under the authorities provided in such chapter in order to maximize
the benefits derived by the Department of Defense from the exercise
of all such authorities.
(f) RECOMMENDATION ON PILOT PROGRAM.—Not later than Feb-
ruary 1, 2007, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives, the Committee on Governmental Affairs of the Senate, and
the Committee on Government Reform of the House of Representa-
tives a plan for expanding and improving the national defense
science and engineering workforce educational assistance pilot pro-
gram carried out under this section as appropriate to improve
recruitment and retention to meet the requirements of the Depart-
ment of Defense for its science and engineering workforce on a
short-term basis and on a long-term basis.
(g) CRITICAL HIRING NEED.—Section 3304(a)(3) of title 5, United
States Code, is amended by striking subparagraph (B) and inserting
the following:
‘‘(B)(i) the Office of Personnel Management has deter-
mined that there exists a severe shortage of candidates
or there is a critical hiring need; or
‘‘(ii) the candidate is a participant in the Science,
Mathematics, and Research for Transformation (SMART)
Defense Scholarship Pilot Program under section 1105 of
the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005.’’.
(h) INSTITUTION OF HIGHER EDUCATION DEFINED.—In this sec-
tion, the term ‘‘institution of higher education’’ has the meaning
given such term in section 101 of the Higher Education Act of
1965 (21 U.S.C. 1001).
H. R. 4200—266
SEC. 1106. REPORT ON HOW TO RECRUIT AND RETAIN INDIVIDUALS
WITH FOREIGN LANGUAGE SKILLS.
Not later than March 31, 2005, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives and the Select Committee on Intel-
ligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives, a plan for expanding
and improving the national security foreign language workforce
of the Department of Defense as appropriate to improve recruitment
and retention to meet the requirements of the Department for
its foreign language workforce on a short-term basis and on a
long-term basis.
SEC. 1107. PLAN ON IMPLEMENTATION AND UTILIZATION OF FLEXIBLE
PERSONNEL MANAGEMENT AUTHORITIES IN DEPART-
MENT OF DEFENSE LABORATORIES.
(a) PLAN REQUIRED.—The Under Secretary of Defense for
Acquisition, Technology, and Logistics and the Under Secretary
of Defense for Personnel and Readiness shall jointly develop a
plan for the effective utilization of the personnel management
authorities referred to in subsection (b) in order to increase the
mission responsiveness, efficiency, and effectiveness of Department
of Defense laboratories.
(b) 
COVERED
AUTHORITIES.—The 
personnel 
management
authorities referred to in this subsection are the personnel manage-
ment authorities granted to the Secretary of Defense by the provi-
sions of law as follows:
(1) Section 342(b) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721),
as amended by section 1114 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398 (114 Stat. 1654A–315)).
(2) Section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261;
5 U.S.C. 3104 note).
(3) Section 9902(c) of title 5, United States Code.
(4) Such other provisions of law as the Under Secretaries
jointly consider appropriate for purposes of this section.
(c) PLAN ELEMENTS.—The plan under subsection (a) shall—
(1) include such elements as the Under Secretaries jointly
consider appropriate to provide for the effective utilization of
the personnel management authorities referred to in subsection
(b) as described in subsection (a), including the recommenda-
tions of the Under Secretaries for such additional authorities,
including authorities for demonstration programs or projects,
as are necessary to achieve the effective utilization of such
personnel management authorities; and
(2) include procedures, including a schedule for review
and decisions, on proposals to modify current demonstration
programs or projects, or to initiate new demonstration programs
or projects, on flexible personnel management at Department
laboratories
(d) SUBMITTAL
TO CONGRESS.—The Under Secretaries shall
jointly submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives the plan under subsection (a) not later than December 1,
2005.
H. R. 4200—267
TITLE XII—MATTERS RELATING TO
OTHER NATIONS
Subtitle A—Matters Relating to Iraq, Afghanistan, and Global War on
Terrorism
Sec. 1201. Commanders’ Emergency Response Program.
Sec. 1202. Assistance to Iraq and Afghanistan military and security forces.
Sec. 1203. Redesignation and modification of authorities relating to Inspector Gen-
eral of the Coalition Provisional Authority.
Sec. 1204. Presidential report on strategy for stabilization of Iraq.
Sec. 1205. Guidance on contractors supporting deployed forces in Iraq.
Sec. 1206. Report on contractors supporting deployed forces and reconstruction ef-
forts in Iraq.
Sec. 1207. United Nations Oil-for-Food Program.
Sec. 1208. Support of military operations to combat terrorism.
Subtitle B—Counterproliferation Matters
Sec. 1211. Defense international counterproliferation programs.
Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic missiles.
Sec. 1213. Sense of Congress on the global partnership against the spread of weap-
ons of mass destruction.
Sec. 1214. Report on collaborative measures to reduce the risks of a launch of Rus-
sian nuclear weapons.
Subtitle C—Other Matters
Sec. 1221. Authority for humanitarian assistance for the detection and clearance of
landmines extended to include other explosive remnants of war.
Sec. 1222. Expansion of entities of the People’s Republic of China subject to certain
presidential authorities when operating in the United States.
Sec. 1223. Assignment of NATO naval personnel to submarine safety programs.
Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members.
Sec. 1225. Bilateral exchanges and trade in defense articles and defense services
between the United States and the United Kingdom and Australia.
Sec. 1226. Study on missile defense cooperation.
Subtitle A—Matters Relating to Iraq,
Afghanistan, and Global War on Terrorism
SEC. 1201. COMMANDERS’ EMERGENCY RESPONSE PROGRAM.
(a) FISCAL YEAR 2005 AUTHORITY.—During fiscal year 2005,
from funds made available to the Department of Defense for oper-
ation and maintenance pursuant to title XV, not to exceed
$300,000,000 may be used to provide funds—
(1) for the Commanders’ Emergency Response Program,
established by the Administrator of the Coalition Provisional
Authority for the purpose of enabling United States military
commanders in Iraq to respond to urgent humanitarian relief
and reconstruction requirements within their areas of responsi-
bility by carrying out programs that will immediately assist
the Iraqi people; and
(2) for a similar program to assist the people of Afghani-
stan.
(b) QUARTERLY REPORTS.—Not later than 15 days after the
end of each fiscal-year quarter (beginning with the first quarter
of fiscal year 2005), the Secretary of Defense shall submit to the
congressional defense committees a report regarding the source
of funds and the allocation and use of funds during that quarter
that were made available pursuant to the authority provided in
this section or under any other provision of law for the purposes
stated in subsection (a).