462
(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 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
463
months after the employee is placed on leave
without pay or separated from service to per-
form active duty.’’.
(b) AUTHORITY
FOR
AGENCIES
TO
PAY
PRE-
MIUMS.—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
amended—
464
(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 responsibil-
ities’’ and inserting ‘‘in relation to the rates of pay
provided for Department of Defense Senior Execu-
tive, 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
performance appraisal system which, as designed and ap-
plied, is certified by the Secretary of Defense as making
meaningful distinctions based on relative performance and
may be the same performance appraisal system estab-
lished and implemented within the Department for mem-
bers 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 fol-
lowing new section:
465
‘‘§ 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-
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 amend-
ed 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
regulations, no person may knowingly—
‘‘(1) wear; or
466
‘‘(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 ci-
vilian employees and other individuals who render service
to the Department of Defense.
‘‘(b) AUTHORITY TO ENJOIN VIOLATIONS.—When-
ever it appears to the Attorney General that any person
is engaged or is about to engage in an act or practice
which constitutes or will constitute conduct prohibited by
subsection (a), the Attorney General may initiate a civil
proceeding in a district court of the United States to en-
join 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 actions as is warranted, including imposing a civil
penalty not to exceed $25,000 for each violation, to pre-
vent 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.’’
467
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
document the crimes and abuses of their predecessor
dictatorial governments have contributed to the
process of national reconciliation and have served as
a reminder about the importance of protecting indi-
vidual rights.
(b) TRANSFER
OF
CERTAIN
DOCUMENTS
AND
RECORDS.—The Secretary of Defense shall, to the extent
practicable, establish a process for expeditiously transfer-
468
ring to indigenous Iraqi entities committed to docu-
menting publicly the nature of the Saddam Hussein re-
gime any documents and records described in subsection
(c) that are obtained by United States military forces in
Iraq.
(c) COVERED DOCUMENTS AND RECORDS.—The doc-
uments 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 peo-
ple of Iraq during the period between 1968 and
May 1, 2003.
SEC. 1202. SUPPORT OF MILITARY OPERATIONS TO COM-
BAT 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-
469
eign forces, irregular forces, groups, or individuals en-
gaged in supporting or facilitating ongoing military oper-
ations by United States special operations forces to com-
bat terrorism.
(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
congressional defense committees a report on support pro-
vided 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 mainte-
nance 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.
470
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 pro-
vide funds for the Commanders’ Emergency Response
Program, established by the Administrator of the Coali-
tion Provisional Authority for the purpose of enabling
military commanders in Iraq to respond to urgent humani-
tarian relief and reconstruction requirements within their
areas of responsibility by carrying out programs that will
immediately assist the Iraqi people, and to provide funds
for a similar program to assist the people of Afghanistan.
(b) QUARTERLY REPORTS.—The Secretary of De-
fense shall submit to the congressional defense committees
a quarterly report, beginning on January 15, 2005, re-
garding 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
Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a stra-
471
tegic plan setting forth the manner in which the United
States will achieve the goal of establishing viable and pro-
fessional 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 secu-
rity 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
training 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
successes and failures to the date of the report and
472
how lessons from those successes and failures will be
incorporated into the strategic plan.
(c) SUBSEQUENT REPORTS.—Ninety days following
the submission of the strategic plan to Congress under
subsection (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 iden-
tified 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 suc-
cesses 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
473
of Border Enforcement (DBE), and the Facilities Protec-
tion 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 military departments to develop procedures to en-
sure implementation 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 over-
sight of contractors that support deployed forces;
and
(3) integrate into a single document other guid-
ance and doctrine that may affect Department of
Defense 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 Defense shall submit to the Committees on Armed Serv-
474
ices of the House of Representatives and the Senate a re-
port containing a discussion of the following:
(1) A description of the process used by the De-
partment of Defense for deciding which security
functions in Iraq will be performed by military per-
sonnel and which by private security companies.
(2) A discussion of the overall chain of com-
mand and oversight mechanisms that are in place to
ensure adequate command and supervision of con-
tractor personnel 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
private security companies.
(5) Casualty and fatality figures for each con-
tractor in Iraq supporting deployed forces over the
period 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.
475
(7) Any incidents of note in Iraq regarding
such contractors during the period covered by the
report.
(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 find-
ings:
(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 inves-
tigate the horrific abuses in American detention fa-
cilities in Iraq, the Nation should bear in mind that
the abuses were only brought to light because of the
courage of an American soldier.
476
(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 Con-
gress 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.
SEC. 1207. SENSE OF CONGRESS CONCERNING THE ABUSE
OF PERSONS IN CUSTODY IN IRAQ.
It is the sense of Congress that—
(1) the abuses inflicted upon detainees at the
Abu Ghraib prison in Baghdad, Iraq, are offensive
to the principles and values of the American people
and the United States military, are incompatible
with the professionalism, dedication, standards and
477
training required of individuals who serve in the
United States military, and contradict the policies,
orders, and laws of the United States and the
United States military and undermine the ability of
the United States military to achieve its mission in
Iraq.
(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 cus-
tody in Iraq is appropriately condemned and de-
plored by the American people;
(4) the Armed Forces are moving swiftly and
decisively to identify, try, and punish persons who
were responsible or culpable for such abuse;
(5) the Secretary of the Army must continue to
conduct a full and thorough investigation into any
and all allegations of mistreatment or abuse of de-
tainees in Iraq;
(6) the Secretary of the Army and appropriate
military authorities must continue to undertake cor-
rective action to address chain of command defi-
478
ciencies and the systemic deficiencies identified in
the incidents in question;
(7) the American principle and tradition of af-
fording proper and humane treatment to persons
under the custody of the United States Armed
Forces must be reaffirmed;
(8) the alleged crimes of a handful of individ-
uals should not detract from the commendable sac-
rifices of over 300,000 members of the United
States Armed Forces who have served, or who are
serving, in Operation Iraqi Freedom; and
(9) the United States expresses its continuing
solidarity and support for its partnership with the
Iraqi people in building a viable Iraqi government
and a secure nation.
SEC. 1208. SENSE OF CONGRESS REGARDING LIMITATION
ON USE OF FUNDS FOR THE RECONSTRUC-
TION OF IRAQ.
It is the sense of Congress that no funds available
to any department or agency of the United States Govern-
ment may be used to provide assistance for the reconstruc-
tion of Iraq unless the President certifies to Congress that
the United States Government has entered into an agree-
ment with the Iraqi Governing Council or a transitional
government in Iraq under which Iraq agrees that it will
479
expend a significant portion of its revenues generated from
oil production for reconstruction activities in Iraq.
SEC. 1209. SENSE OF CONGRESS ON DESTRUCTION OF ABU
GHRAIB PRISON IN IRAQ.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Under the regime of Saddam Hussein, the
Abu Ghraib prison in Iraq was one of the world’s
most notorious prisons.
(2) Under that regime, as many as 50,000 men
and women were jammed into the prison at one time
in 12 feet by 12 feet cells.
(3) Under that regime, many people were tor-
tured and executed in the Abu Ghraib prison.
(4) Recent activities have further highlighted
the horrible memories that Abu Ghraib stands for.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the Secretary of Defense should assist the
Iraqi Government, with the approval of that government,
in destroying the Abu Ghraib prison and replacing it with
a modern detention facility.
480
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 fol-
lowing new section:
‘‘§ 7234. Submarine safety programs: participation of
allied naval personnel
‘‘(a) ACCEPTANCE
OF ASSIGNMENT
OF FOREIGN
NAVAL PERSONNEL.—In order to facilitate the develop-
ment, standardization, and interoperability of submarine
vessel safety and rescue systems and procedures, the Sec-
retary of the Navy may conduct a program under which
members 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 as-
signed to United States commands to work on such sys-
tems and procedures.
‘‘(b) COSTS FOR FOREIGN PERSONNEL.—(1) The
United States may not pay the following costs for a mem-
ber 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.
481
‘‘(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.
‘‘(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).’’.
482
(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
National Defense Authorization Act for Fiscal Year 1999
(50 U.S.C. 1701 note) is amended by inserting after ‘‘the
People’s Liberation Army’’ the following: ‘‘, by a ministry
of the government of the People’s Republic of China, or
by an entity affiliated with the defense industrial base of
the People’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 enact-
ment of this Act, the President shall submit to the Con-
gress 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
483
countries acquiring new capabilities as a result of
that Initiative will use those capabilities to the na-
tional 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 enforcement operations.
(4) An examination of the human rights prac-
tices of potential recipients under that Initiative, to
include a discussion of each potential recipient’s
commitment 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
program of the Department of State referred to as
the African Contingency Operations and Training
Assistance program and the capacity of that pro-
gram 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 enforce-
ment operations.
484
(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
effective 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 fi-
nancial contributions from the Department of De-
fense.
(10) An explanation of the reasons of the Ad-
ministration for proposing to exempt the Global
Peace 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
equipping 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.
485
SEC. 1214. PROCUREMENT SANCTIONS AGAINST FOREIGN
PERSONS 
THAT 
TRANSFER 
CERTAIN 
DE-
FENSE ARTICLES AND SERVICES TO THE
PEOPLE’S REPUBLIC OF CHINA.
(a) DECLARATION OF POLICY.—Congress declares
that it is the policy of the United States to deny the Peo-
ple’s Republic of China such defense goods and defense
technology that could be used to threaten the United
States or undermine 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—
(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,
transferred, or otherwise provided to governmental
or nongovernmental 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
competitive to an item or class of items on the
United States Munitions List); and
(B) any foreign person the Secretary of Defense
determines—
486
(i) is a successor entity to a person re-
ferred 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
publish in the Federal Register a current list of any for-
eign persons sanctioned under subsection (b). The removal
of foreign persons from, and the addition of foreign per-
sons 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 De-
partment 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 sub-
section (c) only after the five-year prohibition period im-
488
(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)).
SEC. 1215. MILITARY EDUCATIONAL EXCHANGES BETWEEN
SENIOR OFFICERS AND OFFICIALS OF THE
UNITED STATES AND TAIWAN.
(a) DEFENSE EXCHANGES.—The Secretary of De-
fense shall undertake a program of senior military officer
and senior official exchanges with Taiwan designed to im-
prove Taiwan’s defenses against the People’s Liberation
Army of the People’s Republic of China.
(b) EXCHANGES DESCRIBED.—For the purposes of
this section, the term ‘‘exchange’’ means an activity, exer-
cise, event, or observation opportunity between Armed
Forces personnel or Department of Defense officials of the
United States and armed forces personnel and officials of
Taiwan.
(c) FOCUS OF EXCHANGES.—The senior military offi-
cer and senior official exchanges undertaken pursuant to
subsection (a) shall include exchanges focused on the fol-
lowing, especially as they relate to defending Taiwan
489
against potential submarine attack and potential missile
attack:
(1) Threat analysis.
(2) Military doctrine.
(3) Force planning.
(4) Logistical support.
(5) Intelligence collection and analysis.
(6) Operational tactics, techniques, and proce-
dures.
(d) CIVIL-MILITARY AFFAIRS.—The senior military
officer and senior official exchanges undertaken pursuant
to subsection (a) shall include activities and exercises fo-
cused on civil-military relations, including parliamentary
relations.
(e) LOCATION OF EXCHANGES.—The senior military
officer and senior official exchanges undertaken pursuant
to subsection (a) shall be conducted in both the United
States and Taiwan.
(f) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘senior military officer’’ means a
general or flag officer of the Armed Forces on active
duty.
(2) The term ‘‘senior official’’ means a civilian
official of the Department of Defense at the level of
Deputy Assistant Secretary of Defense or above.
490
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, Co-
operative Threat Reduction programs are the programs
specified in section 1501(b) of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2005 COOPERATIVE THREAT RE-
DUCTION FUNDS DEFINED.—As used in this title, the
term ‘‘fiscal year 2005 Cooperative Threat Reduction
funds’’ means the funds appropriated pursuant to the au-
thorization of appropriations in section 301 for Coopera-
tive Threat Reduction 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
491
of Defense for fiscal year 2005 in section 301(19) for Co-
operative 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
Russia, $48,720,000.
(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 Rus-
sia, $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 Co-
operative 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
492
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 expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expend-
iture of fiscal year 2005 Cooperative Threat Reduction
funds for a purpose for which the obligation or expendi-
ture of such funds is specifically prohibited under this title
or any other provision of law.
(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 Sec-
retary may obligate amounts appropriated for fiscal year
2005 for a purpose listed in any of the paragraphs in sub-
section (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
493
(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.
SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION
ON FUNDING FOR CHEMICAL WEAPONS DE-
STRUCTION FACILITY IN RUSSIA.
(a) TEMPORARY AUTHORITY.—Section 1305 of the
National Defense Authorization Act for Fiscal Year 2000
(Public 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
waiver 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.
494
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—
(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
license 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;
495
‘‘(13) ‘agent’ means a representative or emissary of
a government other than an officer or employee of the gov-
ernment; 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.’’.
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
carrying 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
significant military equipment (other than a firearm that
is intended for personal use).’’.
496
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 secu-
rity interests of the United States (in which case the
President shall set forth in the certification a justification
for this determination), an agreement shall not be signed
if, within the 30-day period specified in subsection (f), a
joint resolution 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 de-
fense articles or defense services relating to a cooperative
project by any person required to be registered under sec-
tion 38(b)(1)(A)(i) whenever such export is made pursu-
ant to, or in furtherance of, a private contract, purchase
order, or similar commercial arrangement with a foreign
corporation.’’.
SEC. 1404. LICENSING REQUIREMENT FOR EXPORT OF
MILITARILY CRITICAL TECHNOLOGIES.
(a) LICENSING REQUIREMENT.—The President shall
require a license under the Export Administration Regula-
497
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 ‘‘Mili-
tarily Critical Technologies List’’ means the list required
to be developed 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 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 jurisdic-
tion of the International Traffic in Arms Regulations (22
C.F.R. part 120 et seq.) may be exported to a foreign per-
son or a foreign country that has previously exported any
such item to the military, intelligence, police, or internal
security services of the Government of the People’s Repub-
498
lic of China that would be prohibited for export to China
if subject 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 there-
to.
SEC. 1406. STRENGTHENING INTERNATIONAL EXPORT CON-
TROLS.
(a) FINDING.—The Congress recognizes that the
international export control system, as currently con-
stituted, is insufficient to achieve the national security in-
terests 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
499
of this Act, and every six months thereafter, the President
shall submit to the committees referred to in subsection
(d) a report 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
current 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
(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
Committee on International Relations, and the Per-
manent Select Committee on Intelligence of the
House of Representatives; and
(B) the Committee on Armed Services, the
Committee on Banking, Housing and Urban Affairs,
500
and the Select Committee on Intelligence of the Sen-
ate.
(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 PRE-
VENT UNAUTHORIZED TRANSFER AND TRANSPORTATION
OF WMDS.—Subsection (b) of section 1424 of the De-
fense 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
other than a country specified in that subsection if the
Secretary determines that there exists in that country a
significant threat of the unauthorized transfer and trans-
portation of nuclear, biological, or chemical weapons or re-
lated materials.’’.
(b) INTERNATIONAL TRAINING PROGRAM TO DETER
WMD PROLIFERATION.—Section 1504(e)(3)(A) of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103–337; 108 Stat. 2918) is amended—
501
(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:
‘‘§ 2015. Defense counterproliferation fellowship pro-
gram
‘‘(a) PROGRAM AUTHORITY.—The Secretary of De-
fense may carry out a program under which foreign mili-
tary defense personnel are selected to attend Department
of Defense courses and programs in counterproliferation
and nonproliferation matters in order to improve the abil-
ity of the foreign military defense personnel to contribute
to halting the illicit acquisition or transportation of weap-
502
ons 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
(including transportation, travel, and subsistence costs)
associated 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 combat-
ant commands.
‘‘(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 mili-
tary educational institutions.
‘‘(2) Regional centers for security studies of the
Department of Defense.
503
‘‘(e) REGULATIONS.—The Secretary of Defense shall
prescribe regulations for the administration of the pro-
gram 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 find-
ings:
(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 assist-
ance to create sustainable jobs for their under-
employed or unemployed scientists, engineers, and
technicians who were formerly engaged in activities
to develop and 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 pre-
vent the proliferation, from scientists, engineers, and tech-
nicians of the Russian Federation and other independent
504
states of the former Soviet Union to countries of prolifera-
tion concern, of expertise to develop and produce weapons
of mass destruction.
(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 terrorism so as to promote the creation of jobs that
foster economic stability and democracy.
(c) PROGRAM AUTHORIZED.—(1) The Secretary of
Energy 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
(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 Con-
505
gress 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 Re-
public 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
Security may carry out a program under which the Ad-
ministrator awards, to scientists employed at the
Kurchatov Institute of the Russian Federation and sci-
entists employed at Lawrence Livermore National Labora-
tory, international exchange fellowships, to be known as
Teller-Kurchatov Nonproliferation Fellowships, in the nu-
clear nonproliferation sciences.
(2) The purpose of the program shall be to provide
opportunities for advancement in the field of nuclear non-
proliferation to scientists who, as demonstrated by their
506
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
scientist 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—
(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;
507
(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 rel-
evant to developing or advancing the means to pre-
vent or impede the proliferation of nuclear weap-
onry.
(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.
(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.
508
SEC. 1423. COLLABORATION TO REDUCE THE RISKS OF A
LAUNCH OF RUSSIAN NUCLEAR WEAPONS.
(a) FINDINGS.—Congress finds that, despite the end-
ing of the Cold War more than a decade ago, the nuclear
postures and strategic command and control systems of
the Russian Federation pose risks that a nuclear ballistic
missile could be launched as the result of an accident, mis-
information, miscalculation, or unauthorized use. Such
risks are posed as a result of factors including the fol-
lowing:
(1) The high state of readiness of the Russian
Federation’s nuclear forces.
(2) The remote locations of much of the Rus-
sian 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
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
509
ballistic missile attack against it is or might be un-
derway.
(6) Deficiencies in the security and control of
the nuclear forces of the Russian Federation that
could result in unauthorized personnel gaining con-
trol of a nuclear-armed missile or warhead.
(7) The susceptibility of nuclear strategic com-
mand and control systems and early-warning sys-
tems 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
provide—
(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
United States, including the potential contribution
of the measure in improving relations between the
United States and the Russian Federation; and
510
(B) a description of the obstacles and opportu-
nities 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
Center.
(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 nuclear 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 appropria-
tions for the Department of Defense for fiscal year 2005,
in addition to amounts otherwise authorized by this Act,
to provide funds for additional costs due to Operation
Iraqi Freedom and Operation Enduring Freedom.
511
Subtitle A—Authorization of
Appropriations
SEC. 1511. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for
fiscal 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 equip-
ment, $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.
512
SEC. 1513. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for
fiscal 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
fiscal 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
fiscal year 2005 for the use of the Armed Forces for ex-
penses, 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 ex-
penses, not otherwise provided for, for the Defense Health
Program, in the amount of $75,000,000, for Operation
and Maintenance.
513
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 Sec-
retary may transfer amounts of authorizations made avail-
able 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 authoriza-
tions so transferred shall be merged with and be available
for the same purposes as the authorization to which trans-
ferred.
(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
section to transfer authorizations—
514
(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 Con-
gress; and
(3) may not be combined with the authority
under section 1001.
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the
amount authorized for the account to which the amount
is transferred by an amount equal to the amount trans-
ferred.
(d) NOTICE
TO CONGRESS.—The Secretary shall
promptly notify Congress of each transfer made under
subsection (a).
SEC. 1520. DESIGNATION OF EMERGENCY AUTHORIZA-
TIONS.
The amounts authorized to be appropriated by this
title are available upon the enactment of this Act and are
designated for emergency contingency operations related
to the global war on terrorism.
515
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 (notwith-
standing 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 number 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.
516
(c) NOTICE TO CONGRESS.—If the Secretary of De-
fense, in consultation with the Secretary of the Army, de-
termines that adjustments are necessary to the minimum
end-strength level for the Army in effect at any time pur-
suant to subsection (b), the Secretary of Defense shall
submit to the Committees on Armed Services of the Sen-
ate and House of Representatives a report providing the
Secretary’s recommendations 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 fol-
lows:
(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-
517
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 number 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, de-
termines 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 Secretary’s recommendations 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.
518
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 ‘‘Decem-
ber 31, 2005’’.
(2) Effective January 1, 2006, such section is further
amended—
(A) in subsection (a), by striking ‘‘$150’’ and
inserting ‘‘$225’’; and
(B) by striking subsection (e).
(b) FAMILY SEPARATION ALLOWANCE.—(1) Sub-
section (e) of section 427 of such title is amended by strik-
ing ‘‘December 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).
519
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—
‘‘(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
Secretary.
‘‘(b) At the beginning of each fiscal year, the Sec-
retary 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
520
title for the amortization of the original unfunded li-
ability 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
amortization of any cumulative unfunded liability (or
any gain) to the Fund resulting from changes in
benefits.
‘(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
amortization 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
521
amortization 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 sentence 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).’’.
(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 in-
serting ‘‘The Secretary of Defense shall determine,
before the beginning of each fiscal year after Sep-
tember 30, 2005, the total amount of the Depart-
ment 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;
522
(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.
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
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(1), the Secretary of the Army
may acquire real property and carry out military construc-
568
‘‘(1) could serve as a facility for health re-
sources sharing between the Department of Defense
and the Department of Veterans Affairs; and
‘‘(2) would be no more costly to each Depart-
ment to construct and operate than separate facili-
ties for each Department.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by adding at the end the following
new item:
‘‘2816. Consideration of joint construction and use of military medical treatment
facilities and health care facilities of the Department of Vet-
erans Affairs.’’.
(b) DEPARTMENT OF VETERANS AFFAIRS CONSID-
ERATION OF JOINT CONSTRUCTION.—Section 8104(b) of
title 38, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(9) In the case of a prospectus proposing the
construction of a new or replacement medical facil-
ity, the Secretary’s certification that the Secretary,
after consulting with the Secretary of Defense, eval-
uated the feasibility of carrying out the project so as
to establish with the Department of Defense a joint
medical facility that—
‘‘(A) could serve as a facility for health re-
sources sharing between the Department of De-
fense and the Department of Veterans Affairs;
and
569
‘‘(B) would be no more costly to each De-
partment to construct and operate than sepa-
rate facilities for each Department.’’.
Subtitle B—Real Property and
Facilities Administration
SEC. 2811. INCREASE IN CERTAIN THRESHOLDS FOR RE-
PORTING REAL PROPERTY TRANSACTIONS.
(a) GENERAL NOTICE
AND WAIT THRESHOLD.—
Subsection (a) of section 2662 of title 10, United States
Code, is amended by striking ‘‘$750,000’’ each place it
appears and inserting ‘‘$1,500,000’’.
(b) ANNUAL REPORT
ON MINOR TRANSACTIONS
THRESHOLD.—Subsection (b) of such section is amended
by striking ‘‘subsection (a) that involve an estimated value
of more than $250,000, but not more than $750,000’’ and
inserting ‘‘such subsection that involve an estimated value
of more than $500,000, but not more than the amount
specified in such subsection’’.
(c) NOTICE AND WAIT THRESHOLD FOR CERTAIN
GSA LEASES.—Subsection (e) of such section is amended
by striking ‘‘$750,000’’ and inserting ‘‘$1,500,000’’.
(d) THRESHOLD FOR ACQUISITION OF LOW-COST IN-
TERESTS IN LAND.—Subsection (a) of section 2672 of
such title is amended to read as follows: