H. R. 4200—243
(A) deploy forces to a distant theater within 10 days;
(B) defeat an enemy within 30 days; and
(C) be ready for an additional conflict within another 30
days.
(2) The Secretary shall submit to Congress a report on such
assessment not later than October 1, 2005.
(b) MATTERS TO BE INCLUDED.—The assessment under sub-
section (a) shall include the following:
(1) A review of the prepositioning of materiel and equip-
ment used in Operation Iraqi Freedom and Operation Enduring
Freedom, including identification of challenges and potential
solutions.
(2) A description of changes to doctrine, strategy, and
transportation plans that could be necessary to support the
goal of the Secretary described in subsection (a).
(3) A description of modifications to prepositioning pro-
grams that could be required in order to incorporate modularity
concepts, future force structure changes, and sea-basing con-
cepts.
(4) A discussion of joint operations and training that sup-
port force projection requirements, including—
(A) theater opening requirements at potential aerial
and sea ports of debarkation;
(B) joint force reception capabilities;
(C) joint theater distribution operations; and
(D) use of joint prepositioned stocks, materiel, and
systems.
SEC. 1047 REPORT ON AL QAEDA AND ASSOCIATED GROUPS IN LATIN
AMERICA AND THE CARIBBEAN.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretary of State, submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
the activities of al Qaeda and associated groups in Latin America
and the Caribbean, including—
(1) an assessment of the extent to which such groups have
established a presence in the area;
(2) a description of the activities of such groups in the
area, including fundraising, money laundering, narcotrafficking,
and associations with criminal groups;
(3) an assessment of the threat posed by such groups
to the peace and stability of the nations in the area and to
United States interests; and
(4) a description of United States policies intended to deal
with such a threat.
(b) FORM
OF REPORT.—The report shall be submitted in
unclassified form, but may include a classified annex.
Subtitle F—Defense Against Terrorism and
Other Domestic Security Matters
SEC. 1051. ACCEPTANCE OF COMMUNICATIONS EQUIPMENT PROVIDED
BY LOCAL PUBLIC SAFETY AGENCIES.
(a) AUTHORITY.—Chapter 155 of title 10, United States Code,
is amended by adding at the end the following new section:
H. R. 4200—244
‘‘§ 2613. Emergency communications equipment: acceptance
from local public safety agencies for temporary
use related to disasters
‘‘(a) AUTHORITY TO ACCEPT EQUIPMENT.—(1) Subject to sub-
section (c), the Secretary concerned—
‘‘(1) may accept communications equipment for use in
coordinating joint response and recovery operations with public
safety agencies in the event of a disaster; and
‘‘(2) may accept services related to the operation and
maintenance of such equipment.
‘‘(b) REGULATIONS.—The authority under subsection (a) shall
be exercised under regulations prescribed by the Secretary of
Defense.
‘‘(c) LIMITATIONS.—(1) Equipment may be accepted under sub-
section (a)(1) only to the extent that communications equipment
under the control of the Secretary concerned at the potential dis-
aster response site is inadequate to meet military requirements
for communicating with public safety agencies during the period
of response to the disaster.
‘‘(2) Services may be accepted under subsection (a)(2) related
to the operation and maintenance of communications equipment
only to the extent that the necessary capabilities are not available
to the military commander having custody of the equipment.
‘‘(c) LIABILITY.—A person providing services accepted under this
section may not be considered, by reason of the provision of such
services, to be an officer, employee, or agent of the United States
for any purpose.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2613. Emergency communications equipment: acceptance from local public safety
agencies for temporary use related to disasters.’’.
SEC. 1052. DETERMINATION AND REPORT ON FULL-TIME AIRLIFT SUP-
PORT FOR HOMELAND DEFENSE OPERATIONS.
(a) DETERMINATION REQUIRED.—(1) The Secretary of Defense
shall determine the feasibility and advisability of dedicating an
airlift capability of the Armed Forces to the support of homeland
defense operations, including operations in support of contingent
requirements for transportation of any of the following in response
to a disaster:
(A) Weapons of Mass Destruction Civil Support Teams.
(B) National Guard Chemical, Biological, Radiological,
Nuclear, High Explosive Enhanced Response Force Packages.
(C) Air Force expeditionary medical teams.
(D) Department of Energy emergency response teams.
(2) In making the determination under paragraph (1), the Sec-
retary shall take into consideration the results of the study required
under subsection (b).
(b) REQUIREMENT FOR STUDY AND PLAN.—(1) The Secretary
of Defense shall conduct a study of the plans and capabilities
of the Department of Defense for meeting contingent requirements
for transporting teams and packages specified in subsection (a)(1)
in response to disasters.
(2) The Secretary shall prepare a plan for resolving any defi-
ciencies in the plans and capabilities for meeting the transportation
requirements described in paragraph (1).
H. R. 4200—245
(3) The Secretary of Defense shall require the commander of
the United States Northern Command and the commander of the
United States Transportation Command to carry out jointly the
study required under paragraph (1) and to prepare jointly the
plan required under paragraph (2).
(c) REPORT.—Not later than April 1, 2005, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the results of the study
under subsection (b). The report shall include the following matters:
(1) The Secretary’s determination under subsection (a).
(2) An assessment and discussion of the adequacy of
existing plans and capabilities of the Department of Defense
for meeting the transportation requirements described in sub-
section (b)(1).
(3) The plan required under subsection (b)(2).
(d) DEFINITION.—In this section, the term ‘‘Weapons of Mass
Destruction Civil Support Team’’ has the meaning given that term
in section 305b(e) of title 37, United States Code.
SEC. 1053. SURVIVABILITY OF CRITICAL SYSTEMS EXPOSED TO CHEM-
ICAL OR BIOLOGICAL CONTAMINATION.
(a) REQUIREMENT FOR IMPLEMENTATION PLAN.—Not later than
120 days after the date of the enactment of this Act, 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 Representatives a plan, for implementation by the Department
of Defense, that sets forth a systematic approach for ensuring
the survivability of defense critical systems upon contamination
of any such system by chemical or biological agents.
(b) CONTENT.—At a minimum, the plan under subsection (a)
shall include the following:
(1) Policies for ensuring that the survivability of defense
critical systems in the event of contamination by chemical
or biological agents is adequately addressed throughout the
Department of Defense.
(2) A systematic process for identifying those systems which
are defense critical systems.
(3) Specific testing procedures to be used during the design
and development of new defense critical systems.
(4) A centralized database that—
(A) contains comprehensive information on the effects
of chemical and biological agents and decontaminants on
materials used in defense critical systems; and
(B) is easily accessible to personnel who have duties
to ensure the survivability of defense critical systems upon
contamination of such systems by chemical and biological
agents.
(c) DEFENSE CRITICAL SYSTEM DEFINED.—In this section, the
term ‘‘defense critical system’’ means a Department of Defense
system that, as determined by the Secretary of Defense, is vital
to an essential defense mission.
H. R. 4200—246
Subtitle G—Personnel Security Matters
SEC. 1061. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL
SECURITY INVESTIGATIONS AND DETERMINATIONS.
Section 30305(b) of title 49, United States Code, is amended—
(1) by redesignating paragraphs (9) through (11) as para-
graphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following new para-
graph:
‘‘(9) An individual who has or is seeking access to national
security information for purposes of Executive Order No. 12968,
or any successor Executive order, or an individual who is being
investigated for Federal employment under authority of Executive
Order No. 10450, or any successor Executive order, may request
the chief driver licensing official of a State to provide information
about the individual pursuant 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 eligibility of the individual for access to national security
information or for Federal employment in a position requiring access
to national security information. A Federal department or agency
that receives information about an individual under the preceding
sentence may use such information only for purposes of the author-
ized investigation and only in accordance with applicable law.’’.
SEC. 1062. STANDARDS FOR DISQUALIFICATION FROM ELIGIBILITY
FOR DEPARTMENT OF DEFENSE SECURITY CLEARANCE.
(a) DISQUALIFIED PERSONS.—Subsection (c)(1) of section 986
of title 10, United States Code, is amended—
(1) by striking ‘‘and’’ and inserting ‘‘, was’’; and
(2) by 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 section is
amended to read as follows:
‘‘(d) WAIVER AUTHORITY.—In a meritorious case, an exception
to the prohibition in subsection (a) may be authorized 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 standards and procedures prescribed by, or under
the authority of, an Executive order or other guidance issued by
the President.’’.
Subtitle H—Transportation-Related
Matters
SEC. 1071. 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 scheduled United States air carriers,’’; and
H. R. 4200—247
(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 aircraft at rates not
to exceed those so fixed and determined for scheduled
United States air carriers,’’; and
(B) in the second sentence—
(i) by inserting ‘‘and military aircraft’’ after ‘‘car-
riers’’ the first place it appears; and
(ii) by striking ‘‘by air carriers other than sched-
uled United States air carriers’’ and inserting ‘‘by other
than scheduled United States air carriers and military
aircraft’’.
(b) DEFINITION.—Such section is further amended by adding
at the end the following new subsection:
‘‘(g) In this section:
‘‘(1) The term ‘military aircraft’ means an aircraft owned,
operated, or chartered by the Department of Defense.
‘‘(2) The term ‘United States air carrier’ has the meaning
given the term ‘air carrier’ in section 40102 of title 49.’’.
SEC. 1072. REORGANIZATION AND CLARIFICATION OF CERTAIN PROVI-
SIONS RELATING TO CONTROL AND SUPERVISION OF
TRANSPORTATION 
WITHIN 
THE 
DEPARTMENT 
OF
DEFENSE.
(a) TRANSFER OF CERTAIN TRANSPORTATION AUTHORITIES.—Sec-
tions 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 chapter, and redesignated as sections 2648,
2649, 2650, and 2651, respectively.
(b) CLARIFICATION OF APPLICABILITY OF TRANSFERRED AUTHORI-
TIES 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 ‘‘Secretary of Defense’’;
(B) by striking ‘‘Army transport agencies’’ in the matter
preceding paragraph (1) and all that follows through ‘‘military
transport agency of’’;
(C) by striking paragraphs (1), (2), and (3);
(D) by redesignating paragraph (4), (5), (6), and (7) as
paragraphs (1), (2), (3), and (4), respectively;
(E) by redesignating paragraph (8) as paragraph (5) and
in that paragraph striking ‘‘persons 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 in 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 redesignated
by subsection (a), is amended—
(A) by striking the section heading and inserting the fol-
lowing:
H. R. 4200—249
Subtitle I—Other Matters
SEC. 1081. LIABILITY PROTECTION FOR DEPARTMENT OF DEFENSE
VOLUNTEERS WORKING IN MARITIME ENVIRONMENT.
Section 1588(d)(1)(B) of title 10, United States Code, is amended
by inserting before the period at the end the following: ‘‘and the
Act of March 9, 1920, commonly known as the ‘Suits in Admiralty
Act’ (41 Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act of
March 3, 1925, commonly known as the ‘Public Vessels Act’ (43
Stat. 1112; 46 U.S.C. App. 781 et seq.) (relating to claims for
damages or loss on navigable waters)’’.
SEC. 1082. SENSE OF CONGRESS CONCERNING MEDIA COVERAGE OF
THE RETURN TO THE UNITED STATES OF THE REMAINS
OF DECEASED MEMBERS OF THE ARMED FORCES FROM
OVERSEAS.
(a) FINDINGS.—Congress makes the following findings:
(1) The Department of Defense, since 1991, has relied
on a policy of no media coverage of the transfers of the remains
of deceased members of the Armed Forces—
(A) at Ramstein Air Force Base, Germany;
(B) at Dover Air Force Base, Delaware, and the Port
Mortuary Facility at Dover Air Force Base; and
(C) at interim stops en route to the point of final
destination in the transfer of the remains.
(2) The principal focus and purpose of the policy is to
protect the wishes and the privacy of families of deceased
members of the Armed Forces during their time of great loss
and grief and to give families and friends of the dead the
privilege to decide whether to allow media coverage at the
member’s duty or home station, at the interment site, or at
or in connection with funeral and memorial services.
(3) In a 1991 legal challenge to the Department of Defense
policy, as applied during Operation Desert Storm, the policy
was upheld by the United States District Court for the District
of Columbia, and on appeal, by the United States Court of
Appeals for the District of Columbia in the case of JB Pictures,
Inc. v. Department of Defense and Donald B. Rice, Secretary
of the Air Force on the basis that denying the media the
right to view the return of remains at Dover Air Force Base
does not violate the first amendment guarantees of freedom
of speech and of the press.
(4) The United States Court of Appeals for the District
of Columbia in that case cited the following two key Govern-
ment interests that are served by the Department of Defense
policy:
(A) Reducing the hardship on the families and friends
of the war dead, who may feel obligated to travel great
distances to attend arrival ceremonies at Dover Air Force
Base if such ceremonies were held.
(B) Protecting the privacy of families and friends of
the dead, who may not want media coverage of the
unloading of caskets at Dover Air Force Base.
(5) The Court also noted, in that case, that the bereaved
may be upset at the public display of the caskets of their
loved ones and that the policy gives the family the right to
H. R. 4200—250
grant or deny access to the media at memorial or funeral
services at the home base and that the policy is consistent
in its concern for families.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Department of Defense policy regarding no media coverage
of the transfer of the remains of deceased members of the Armed
Forces—
(1) appropriately protects the privacy of the families and
friends of the deceased; and
(2) is consistent with United States constitutional guaran-
tees of freedom of speech and freedom of the press.
SEC. 1083. TRANSFER OF HISTORIC F3A–1 BREWSTER CORSAIR AIR-
CRAFT.
(a) AUTHORITY TO CONVEY.—The Secretary of the Navy may
convey, without consideration, to Lex Cralley of Princeton Min-
nesota (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 alter the condition of
the aircraft before conveying ownership 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 convey-
ance and costs of operation and maintenance of the aircraft con-
veyed shall be borne by the transferee.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
a conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 1084. 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 inserting ‘‘Secretary of a mili-
tary department’’.
(b) AMENDMENTS RELATING TO DEFINITION OF CONGRESSIONAL
DEFENSE COMMITTEES.—Title 10, United States Code, is amended
as follows:
(1) Section 2215 is amended—
(A) by striking ‘‘(a) CERTIFICATION REQUIRED.—’’;
(B) by striking ‘‘congressional committees specified in
subsection (b)’’ and inserting ‘‘congressional defense
committees’’; and
(C) by striking subsection (b).
(2) 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’’.
(3) Section 2515(d) is amended—
(A) by striking ‘‘(1)’’ before ‘‘The Secretary’’;
(B) by striking ‘‘congressional committees specified in
paragraph (2)’’ and inserting ‘‘congressional defense
committees’’; and
(C) by striking paragraph (2).
H. R. 4200—251
(4) Section 2676(d) is amended by striking ‘‘appropriate
committees of Congress’’ at the end of the first sentence and
inserting ‘‘congressional defense committees’’.
(c) AMENDMENTS RELATING TO CHANGE OF NAME OF GAO.—
Title 10, United States Code, is amended as follows:
(1) Section 1084 is amended by striking ‘‘General
Accounting Office’’ and inserting ‘‘Comptroller General’’.
(2) Section 1102(d)(2) is amended by striking ‘‘General
Accounting Office’’ and inserting ‘‘Comptroller General’’.
(3) Section 2014(g) is amended by striking ‘‘General
Accounting Office’’ and inserting ‘‘Government Accountability
Office’’.
(d) 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 relating to chapter 23 and
inserting ‘‘480’’.
(2) Section 130a is amended—
(A) by striking ‘‘Effective October 1, 2002, the’’ in sub-
section (a) and inserting ‘‘The’’;
(B) by striking ‘‘baseline number’’ in subsection (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 sub-
section (b);
(D) by redesignating subsections (d) and (f) as sub-
section (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 DEFINI-
TIONS’’ and inserting ‘‘INAPPLICABILITY 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 inserting ‘‘para-
graph (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.’’.
(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 striking ‘‘Officers Act of 2002’’ and inserting
‘‘Officer Corps Act of 2002 (33 U.S.C. 3045)’’.
(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,’’.
H. R. 4200—252
(11) 
Sections 
1463(a)(1), 
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 by striking ‘‘Effective
October 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 enactment of the Help
America Vote Act of 2002’’ in the last sentence and
inserting ‘‘April 29, 2003’’; and
(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 sentence 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 ‘‘provide for the following:’’;
(B) in paragraphs (1), (2), and (3), by capitalizing 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 inserting ‘‘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’’.
(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 Secretary of
Defense’’.
(20) Section 2474(f)(2) is amended by striking ‘‘section
2466(e)’’ and inserting ‘‘section 2466(d)’’.
(21) Section 2540(b)(2) is amended by inserting ‘‘, as in
effect on that date’’ before the period at the end.
(22) 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)’’.
(23) 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 Secretary deter-
mines’’ and inserting ‘‘the acquisition’’; and
(C) in paragraph (2), by inserting ‘‘the acquisition’’
after ‘‘(2)’’.
(24) Section 2701 is amended—
H. R. 4200—253
(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 inserting ‘‘(relating to settle-
ments) 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 Comprehen-
sive’’ and all the follows through ‘‘of 1980’’ and inserting
‘‘CERCLA’’.
(25) Section 2702 is amended by inserting ‘‘(42 U.S.C.
9660(a)(5))’’ in the second sentence of subsection (a) before
the period at the end.
(26) 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’’.
(27) Section 2704 is amended by inserting ‘‘(42 U.S.C.
9604(i))’’ in subsections (c), (e), and (f) after ‘‘CERCLA’’.
(28) The second section 3755, added by section 543(b)(1)
of the Bob Stump National Defense Authorization 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.
(29) Section 4689 is amended by striking ‘‘Building’’ after
‘‘Capitol’’.
(30) The second section 6257, added by section 543(c)(1)
of the Bob Stump National Defense Authorization 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.
(31) Section 7102 is amended—
(A) by striking ‘‘AUTHORITY’’ at the beginning of sub-
section (a) and inserting ‘‘MASTER OF MILITARY STUDIES’’;
(B) by striking ‘‘MARINE CORPS WAR COLLEGE’’ at the
beginning of subsection (b) and inserting ‘‘MASTER OF STRA-
TEGIC STUDIES’’;
(C) by striking ‘‘COMMAND
AND STAFF COLLEGE
OF
THE MARINE CORPS UNIVERSITY’’ at the beginning of sub-
section (c) and inserting ‘‘MASTER
OF
OPERATIONAL
STUDIES’’; and
(D) by striking ‘‘subsections (a) and (b)’’ in subsection
(d) and inserting ‘‘subsections (a), (b), and (c)’’.
(32) Section 8084 is amended by striking ‘‘capabilty’’ and
inserting ‘‘capability’’.
(33) The second section 8755, added by section 543(d)(1)
of the Bob Stump National Defense Authorization 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.
(34) The table in section 12012(a) is amended by inserting
a colon after ‘‘Air National Guard’’.
(e) TITLE 37, UNITED STATES CODE.—Title 37, United States
Code, is amended as follows:
H. R. 4200—255
(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
(C) in paragraph (3)—
(i) by striking ‘‘For purposes of this subsection—
’’ and inserting ‘‘In this subsection:’’;
(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. 1085. PRESERVATION OF SEARCH AND RESCUE CAPABILITIES
OF THE FEDERAL GOVERNMENT.
The Secretary of Defense may not reduce or eliminate search
and rescue capabilities at any military installation in the United
States unless the Secretary first certifies to the Committees on
Armed Services of the Senate and the House of Representatives
that equivalent search and rescue capabilities will be provided,
without interruption and consistent with the policies and objectives
set forth in the United States National Search and Rescue Plan
entered into force on January 1, 1999, by—
(1) the Department of Interior, the Department of Com-
merce, the Department of Homeland Security, the Department
of Transportation, the Federal Communications Commission,
or the National Aeronautics and Space Administration; or
(2) the Department of Defense, either directly or through
a Department of Defense contract with an emergency medical
service provider or other private entity to provide such capabili-
ties.
SEC. 1086. ACQUISITION OF AERIAL FIREFIGHTING EQUIPMENT FOR
NATIONAL INTERAGENCY FIRE CENTER.
(a) FINDINGS.—Congress makes the following findings:
(1) The National Interagency Fire Center does not possess
an adequate number of aircraft for use in aerial firefighting,
and personnel at the Center rely on military aircraft to provide
such firefighting services.
(2) It is in the national security interest of the United
States for the National Interagency Fire Center to acquire
aircraft for use in aerial firefighting so that the military aircraft
made available for aerial firefighting will instead be available
for use by the Armed Forces.
(b) AUTHORITY TO PURCHASE AERIAL FIREFIGHTING EQUIP-
MENT.—(1) The Secretary of Agriculture is authorized to purchase
10 aircraft, as described in paragraph (2), for the National Inter-
agency Fire Center for use in aerial firefighting.
(2) The aircraft referred to in paragraph (1) shall be aircraft
that are—
(A) specifically designed and built for aerial firefighting;
(B) certified by the Chief of the Forest Service as suited
for conditions commonly experienced in aerial firefighting oper-
ations carried out in the United States, including Alaska; and
H. R. 4200—256
(C) manufactured in a manner that is consistent with the
recommendations for aircraft used in aerial firefighting con-
tained in—
(i) the Blue Ribbon Panel Report to the Chief of the
Forest Service and the Director of the Bureau of Land
Management dated December 2002; and
(ii) the Safety Recommendation of the Chairman of
the National Transportation Safety Board related to air-
craft used in aerial firefighting dated April 23, 2004.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of Agriculture for fiscal year
2005 such funds as may be necessary to purchase the 10 aircraft
described in subsection (b).
SEC. 1087. REVISION TO REQUIREMENTS FOR RECOGNITION OF
INSTITUTIONS OF HIGHER EDUCATION AS HISPANIC-
SERVING INSTITUTIONS FOR PURPOSES OF CERTAIN
GRANTS AND CONTRACTS.
Section 502(a)(5)(C) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a)(5)(C)) is amended by inserting before the period
the following: ‘‘, which assurances—
‘‘(i) may employ statistical extrapolation using
appropriate data from the Bureau of the Census or
other appropriate Federal or State sources; and
‘‘(ii) the Secretary shall consider as meeting the
requirements of this subparagraph, unless the Sec-
retary determines, based on a preponderance of the
evidence, that the assurances do not meet the require-
ments’’.
SEC. 1088. MILITARY EXTRATERRITORIAL JURISDICTION OVER CON-
TRACTORS SUPPORTING DEFENSE MISSIONS OVERSEAS.
Section 3267(1)(A) of title 18, United States Code, is amended
to read as follows:
‘‘(A) employed as—
‘‘(i) a civilian employee of—
‘‘(I) the Department of Defense (including a
nonappropriated fund instrumentality of the
Department); or
‘‘(II) any other Federal agency, or any provi-
sional authority, to the extent such employment
relates to supporting the mission of the Depart-
ment of Defense overseas;
‘‘(ii) a contractor (including a subcontractor at any
tier) of—
‘‘(I) the Department of Defense (including a
nonappropriated fund instrumentality of the
Department); or
‘‘(II) any other Federal agency, or any provi-
sional authority, to the extent such employment
relates to supporting the mission of the Depart-
ment of Defense overseas; or
‘‘(iii) an employee of a contractor (or subcontractor
at any tier) of—
‘‘(I) the Department of Defense (including a
nonappropriated fund instrumentality of the
Department); or
H. R. 4200—257
‘‘(II) any other Federal agency, or any provi-
sional authority, to the extent such employment
relates to supporting the mission of the Depart-
ment of Defense overseas;’’.
SEC. 1089. DEFINITION OF UNITED STATES FOR PURPOSES OF FED-
ERAL CRIME OF TORTURE.
Section 2340(3) of title 18, United States Code, is amended
to read as follows:
‘‘(3) ‘United States’ means the several States of the United
States, the District of Columbia, and the commonwealths, terri-
tories, and possessions of the United States.’’.
SEC. 1090. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) IN GENERAL.—Section 801(c) of the National Energy Con-
servation Policy Act (42 U.S.C. 8287(c)) is amended by striking
‘‘2003’’ and inserting ‘‘2006’’.
(b) PAYMENT OF COSTS.—Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by inserting
‘‘, water, or wastewater treatment’’ after ‘‘payment of energy’’.
(c) ENERGY SAVINGS.—Section 804(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read
as follows:
‘‘(2) The term ‘energy savings’ means a reduction in the
cost of energy, water, or wastewater treatment, from a base
cost established through a methodology set forth in the contract,
used in an existing federally owned building or buildings or
other federally owned facilities as a result of—
‘‘(A) the lease or purchase of operating equipment,
improvements, altered operation and maintenance, or tech-
nical services;
‘‘(B) the increased efficient use of existing energy
sources by cogeneration or heat recovery, excluding any
cogeneration process for other than a federally owned
building or buildings or other federally owned facilities;
or
‘‘(C) the increased efficient use of existing water sources
in either interior or exterior applications.’’.
(d) ENERGY SAVINGS CONTRACT.—Section 804(3) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(3)) is amended
to read as follows:
‘‘(3) The terms ‘energy savings contract’ and ‘energy savings
performance contract’ mean a contract that provides for the
performance of services for the design, acquisition, installation,
testing, and, where appropriate, operation, maintenance, and
repair, of an identified energy or water conservation measure
or series of measures at 1 or more locations. Such contracts
shall, with respect to an agency facility that is a public building
(as such term is defined in section 3301 of title 40, United
States Code), be in compliance with the prospectus require-
ments and procedures of section 3307 of title 40, United States
Code.’’.
(e) ENERGY
OR
WATER
CONSERVATION
MEASURE.—Section
804(4) of the National Energy Conservation Policy Act (42 U.S.C.
8287c(4)) is amended to read as follows:
‘‘(4) The term ‘energy or water conservation measure’
means—
H. R. 4200—258
‘‘(A) an energy conservation measure, as defined in
section 551; or
‘‘(B) a water conservation measure that improves the
efficiency of water use, is life-cycle cost-effective, and
involves water conservation, water recycling or reuse, more
efficient treatment of wastewater or stormwater, improve-
ments in operation or maintenance efficiencies, retrofit
activities, or other related activities, not at a Federal hydro-
electric facility.’’.
(f) REVIEW.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy shall complete a
review of the Energy Savings Performance Contract program to
identify statutory, regulatory, and administrative obstacles that
prevent Federal agencies from fully utilizing the program. In addi-
tion, this review shall identify all areas for increasing program
flexibility and effectiveness, including audit and measurement
verification requirements, accounting for energy use in determining
savings, contracting requirements, including the identification of
additional qualified contractors, and energy efficiency services cov-
ered. The Secretary shall report these findings to Congress and
shall implement identified administrative and regulatory changes
to increase program flexibility and effectiveness to the extent that
such changes are consistent with statutory authority.
(g) EXTENSION OF AUTHORITY.—Any energy savings perform-
ance contract entered into under section 801 of the National Energy
Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003,
and before the date of enactment of this Act, shall be deemed
to have been entered into pursuant to such section 801 as amended
by subsection (a) of this section.
SEC. 1091. SENSE OF CONGRESS AND POLICY CONCERNING PERSONS
DETAINED BY THE UNITED STATES.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the abuses inflicted upon detainees at the Abu Ghraib
prison in Baghdad, Iraq, are inconsistent with the profes-
sionalism, dedication, standards, and training required of
individuals who serve in the United States Armed Forces;
(2) the vast majority of members of the Armed Forces
have upheld the highest possible standards of professionalism
and morality in the face of illegal tactics and terrorist attacks
and attempts on their lives;
(3) the abuse of persons in United States custody in Iraq
is appropriately condemned and deplored by the American
people;
(4) the Armed Forces are moving swiftly and decisively
to identify, try, and, if found guilty, punish persons who per-
petrated such abuse;
(5) the Department of Defense and appropriate military
authorities must continue to undertake corrective action, as
appropriate, to address chain-of-command deficiencies and the
systemic deficiencies identified in the incidents in question;
(6) the Constitution, laws, and treaties of the United States
and the applicable guidance and regulations of the United
States Government prohibit the torture or cruel, inhuman,
or degrading treatment of foreign prisoners held in custody
by the United States;
H. R. 4200—259
(7) the alleged crimes of a handful of individuals should
not detract from the commendable sacrifices of over 300,000
members of the Armed Forces who have served, or who are
serving, in Operation Iraqi Freedom; and
(8) no detainee shall be subject to torture or cruel, inhuman,
or degrading treatment or punishment that is prohibited by
the Constitution, laws, or treaties of United States.
(b) POLICY.—It is the policy of the United States to—
(1) ensure that no detainee shall be subject to torture
or cruel, inhuman, or degrading treatment or punishment that
is prohibited by the Constitution, laws, or treaties of the United
States;
(2) investigate and prosecute, as appropriate, all alleged
instances of unlawful treatment of detainees in a manner con-
sistent with the international obligations, laws, or policies of
the United States;
(3) ensure that all personnel of the United States Govern-
ment understand their obligations in both wartime and peace-
time to comply with the legal prohibitions against torture,
cruel, inhuman, or degrading treatment of detainees in the
custody of the United States;
(4) ensure that, in a case in which there is doubt as
to whether a detainee is entitled to prisoner of war status
under the Geneva Conventions, such detainee receives the
protections accorded to prisoners of war until the detainee’s
status is determined by a competent tribunal; and
(5) expeditiously process and, if appropriate, prosecute
detainees in the custody of the United States, including those
in the custody of the United States Armed Forces at Guanta-
namo Bay, Cuba.
(c) DETAINEES.—For purposes of this section, the term
‘‘detainee’’ means a person in the custody or under the physical
control of the United States as a result of armed conflict.
SEC. 1092. ACTIONS TO PREVENT THE ABUSE OF DETAINEES.
(a) POLICIES REQUIRED.—The Secretary of Defense shall ensure
that policies are prescribed not later than 150 days after the date
of the enactment of this Act regarding procedures for Department
of Defense personnel and contractor personnel of the Department
of Defense intended to ensure that members of the Armed Forces,
and all persons acting on behalf of the Armed Forces or within
facilities of the Armed Forces, treat persons detained by the United
States Government in a humane manner consistent with the inter-
national obligations and laws of the United States and the policies
set forth in section 1091(b).
(b) MATTERS TO BE INCLUDED.—In order to achieve the objective
stated in subsection (a), the policies under that subsection shall
specify, at a minimum, procedures for the following:
(1) Ensuring that each commander of a Department of
Defense detention facility or interrogation facility—
(A) provides all assigned personnel with training, and
documented 
acknowledgment 
of 
receiving 
training,
regarding the law of war, including the Geneva Conven-
tions; and
(B) establishes standard operating procedures for the
treatment of detainees.
H. R. 4200—260
(2) Ensuring that each Department of Defense contract
in which contract personnel in the course of their duties interact
with individuals detained by the Department of Defense on
behalf of the United States Government include a requirement
that such contract personnel have received training, and docu-
mented acknowledgment of receiving training, regarding the
international obligations and laws of the United States
applicable to the detention of personnel.
(3) Providing all detainees with information, in their own
language, of the applicable protections afforded under the
Geneva Conventions.
(4) Conducting periodic unannounced and announced
inspections of detention facilities in order to provide continued
oversight of interrogation and detention operations.
(5) Ensuring that, to the maximum extent practicable,
detainees and detention facility personnel of a different gender
are not alone together.
(c) SECRETARY OF DEFENSE CERTIFICATION.—The Secretary of
Defense shall certify that all Federal employees and civilian contrac-
tors engaged in the handling or interrogation of individuals detained
by the Department of Defense on behalf of the United States
Government have fulfilled an annual training requirement on the
law of war, the Geneva Conventions, and the obligations of the
United States under international law.
SEC. 1093. REPORTING REQUIREMENTS.
(a) TRANSMISSION OF REGULATIONS, ETC.—Not later than 30
days after the date on which regulations, policies, and orders are
first prescribed under section 1092(a), the Secretary of Defense
shall transmit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives copies of such regulations, policies, or orders, together with
a report on steps taken to the date of the report to implement
section 1092.
(b) ONE-YEAR IMPLEMENTATION REPORT.—Not later than one
year after the date on which regulations, policies, and orders are
first prescribed under section 1092(a), the Secretary shall submit
to such committees a report on further steps taken to implement
section 1092 to the date of such report.
(c) ANNUAL REPORT.—Nine months after the date of the enact-
ment of this Act and annually thereafter, the Secretary shall submit
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
for the preceding 12-months containing the following:
(1) Notice of any investigation into any violation of inter-
national obligations or laws of the United States regarding
the treatment of individuals detained by the United States
Armed Forces or by a person providing services to the Depart-
ment of Defense on a contractual basis, if the notice will not
compromise any ongoing criminal or administrative investiga-
tion or prosecution.
(2) General information on the foreign national detainees
in the custody of the Department of Defense during the 12-
month period covered by the report, including the following:
(A) The best estimate of the Secretary of Defense of
the total number of detainees in the custody of the Depart-
ment as of the date of the report.
H. R. 4200—261
(B) The best estimate of the Secretary of Defense of
the total number of detainees released from the custody
of the Department during the period covered by the report.
(C) An aggregate summary of the number of persons
detained as enemy prisoners of war, civilian internees,
and unlawful combatants, including information regarding
the average length of detention for persons in each cat-
egory.
(D) An aggregate summary of the nationality of persons
detained.
(E) Aggregate information as to the transfer of
detainees to the jurisdiction of other countries, and the
countries to which transferred.
(d) CLASSIFICATION OF REPORTS.—Reports submitted under this
section shall be submitted, to the extent practicable, in unclassified
form, but may include a classified annex as necessary to protect
the national security of the United States.
(e) TERMINATION.—The requirements of this section shall cease
to be in effect on December 31, 2007.
SEC. 1094. FINDINGS AND SENSE OF CONGRESS CONCERNING ARMY
SPECIALIST JOSEPH DARBY.
(a) FINDINGS.—Congress makes the following findings:
(1) The need to act in accord with one’s conscience, risking
one’s career and even the esteem of one’s colleagues by pursuing
what is right is especially important today.
(2) While the Department of Defense investigates the hor-
rific 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.
(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 appropriately
by the Secretary of the Army.
TITLE XI—CIVILIAN PERSONNEL
MATTERS
Sec. 1101. Payment of Federal employee health benefit premiums for mobilized
Federal employees.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian intelligence personnel.
Sec. 1104. Pay parity for senior executives in defense nonappropriated fund instru-
mentalities.
Sec. 1105. Science, mathematics, and research for transformation (SMART) defense
scholarship pilot program.
Sec. 1106. Report on how to recruit and retain individuals with foreign language
skills.
Sec. 1107. Plan on implementation and utilization of flexible personnel manage-
ment authorities in Department of Defense laboratories.
H. R. 4200—262
SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PRE-
MIUMS 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;
(B) in paragraph (2)(C), by striking the period 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 separated 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 subpara-
graph:
‘‘(C) in the case of an employee described in subsection
(b)(3), the date which is 24 months after the employee
is placed on leave without pay or separated from service
to perform active duty.’’.
(b) AUTHORITY FOR AGENCIES TO PAY PREMIUMS.—Subpara-
graph (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.
(a) ELIGIBILITY FOR SERVICE NOT RELATED TO CONTINGENCY
OPERATIONS.—Section 1596a(a)(2) of title 10, United States Code,
is amended by striking ‘‘during a contingency operation supported
by the armed forces’’.
(b) EFFECTIVE DATE.—The amendment by this section shall
take effect on the first day of the first month that begins after
the date of the enactment of this Act.
SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY FOR CIVILIAN
INTELLIGENCE PERSONNEL.
(a) PAY RATES.—Section 1602 of title 10, United States Code,
is amended—
(1) in subsection (a), by striking ‘‘in relation to the rates
of pay provided in subpart D of part III of title 5 for positions
subject to that subpart which have corresponding levels of
duties and responsibilities’’ and inserting ‘‘in relation to the
H. R. 4200—263
rates of pay provided for comparable positions in the Depart-
ment of Defense and subject to the same limitations on max-
imum rates of pay established for employees of the Department
of Defense by law or regulation’’;
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(b) PERFORMANCE APPRAISAL SYSTEM.—Section 1606 of such
title is amended by adding at the end the following new subsection:
‘‘(d) PERFORMANCE APPRAISALS.—(1) The Defense Intelligence
Senior Executive Service shall be subject to a performance appraisal
system which, as designed and applied, is certified by the Secretary
of Defense under section 5307 of title 5 as making meaningful
distinctions based on relative performance.
‘‘(2) The performance appraisal system applicable to the Defense
Intelligence Senior Executive Service under paragraph (1) may be
the same performance appraisal system that is established and
implemented within the Department of Defense for members of
the Senior Executive Service.’’.
SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN DEFENSE NON-
APPROPRIATED FUND INSTRUMENTALITIES.
(a) AUTHORITY.—Chapter 81 of title 10, United States Code,
is amended by inserting after section 1587 the following new section:
‘‘§ 1587a. Employees of nonappropriated fund instrumental-
ities: senior executive pay levels
‘‘(a) AUTHORITY.—To achieve the objective stated in subsection
(b), the Secretary of Defense may regulate the amount of total
compensation that is provided for senior executives of non-
appropriated fund instrumentalities who, for the fixing of pay by
administrative action, are under the jurisdiction of the Secretary
of Defense or the Secretary of a military department.
‘‘(b) PAY PARITY.—The objective of an action taken with respect
to the compensation of senior executives under subsection (a) is
to provide for parity between the total compensation provided for
such senior executives and total compensation that is provided
for Department of Defense employees in Senior Executive Service
positions or other senior executive positions.
‘‘(c) STANDARDS OF COMPARABILITY.—Subject to subsection (d),
the Secretary of Defense shall prescribe the standards of comparison
that are to apply in the making of the determinations necessary
to achieve the objective stated in subsection (b).
‘‘(d) ESTABLISHMENT OF PAY RATES.—The Secretary of Defense
shall apply subsections (a) and (b) of section 5382 of title 5 in
the regulation of compensation under this section.
‘‘(e) RELATIONSHIP
TO
PAY
LIMITATION.—The Secretary of
Defense may exercise the authority provided in subsection (a) with-
out regard to section 5373 of title 5.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘compensation’ includes rate of basic pay.
‘‘(2) The term ‘Senior Executive Service position’ has the
meaning given such term in section 3132 of title 5.’’.