139
(iii) section 182 of title 14, United States 
Code. 
Subtitle C—Travel and 
Transportation Allowances 
SEC. 621. LODGING COSTS INCURRED IN CONNECTION 
WITH STUDENT DEPENDENT TRAVEL. 
Section 430(b) of title 37, United States Code, is 
amended—
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) The allowance described in paragraph (1) may 
include reimbursement at a rate prescribed by the Secre-
taries concerned for lodging costs incurred when, for rea-
sons beyond the control of the student, the student is re-
quired to procure accommodations while en route.’’. 
SEC. 622. EXPANDED TRAVEL AND TRANSPORTATION AL-
LOWANCES FOR FAMILY MEMBERS TO AT-
TEND BURIAL CEREMONIES. 
Section 411f of title 37, United States Code, is 
amended—
(1) by amending subsection (b) to read as fol-
lows:
140
‘‘(b) LIMITATIONS.—Allowances under subsection (a) 
may be provided to the same location determined under 
section 1482 of title 10, and may not exceed the rates 
for two days and the time necessary for such travel.’’; and 
(2) in subsection (c)(1)(C), by striking ‘‘If no 
person described in subparagraph (A) or (B) is pro-
vided travel and transportation allowances under 
subsection (a)(1), the’’ and inserting ‘‘The’’. 
Subtitle D—Other Matters 
SEC. 631. ACCUMULATION OF ANNUAL LEAVE BY INTEL-
LIGENCE SENIOR LEVEL EMPLOYEES. 
Section 1607 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d) ACCUMULATION OF ANNUAL LEAVE TO EM-
PLOYEES IN INTELLIGENCE SENIOR LEVEL POSITIONS.—
Employees in Intelligence Senior Level positions des-
ignated under subsection (a) may accumulate annual leave 
consistent with the provisions of section 6304(f) of title 
5.’’.
141
TITLE VII—HEALTH CARE 
PROVISIONS 
SEC. 
701. 
EXEMPTION 
OF 
NONAPPROPRIATED 
FUND 
HEALTH BENEFITS PROGRAM FROM NON-
FEDERAL LAWS, TAXES, AND MANDATES. 
Section 349 of the National Defense Authorization 
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 
2727) is amended by adding at the end the following new 
subsection: 
‘‘(c) EXEMPTION.—(1) No tax, fee, other monetary 
payment, or health plan requirement may be imposed, di-
rectly or indirectly, on the Nonappropriated Fund Uni-
form Health Benefits Program of the Department of De-
fense or on a carrier or an underwriting or plan adminis-
tration contractor of that program by any State, United 
States Territory, the District of Columbia, or the Com-
monwealth of Puerto Rico, or by any political subdivision 
or other non-Federal Government authority thereof. This 
prohibition shall apply to the same extent as the prohibi-
tion in section 8909(f) of title 5, United States Code, ap-
plies to the health insurance program authorized by chap-
ter 89 of such title. 
‘‘(2) Paragraph (1) shall not be construed to exempt 
the Nonappropriated Fund Uniform Health Benefits Pro-
gram of the Department of Defense or any carrier or un-
142
derwriting or plan administration subcontractor of that 
program from the imposition, payment, or collection of a 
tax, fee, or other monetary payment on the net income 
or profit accruing to or realized by that program or by 
such carrier or underwriting or plan administration sub-
contractor from business conducted under this chapter, if 
that tax, fee, or payment is applicable to a broad range 
of business activity.’’.
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. DEFENSE ACQUISITION WORKFORCE CHANGES. 
(a) SELECTION CRITERIA AND PROCEDURES.—Sec-
tion 1732(b)(1)(A) of title 10, United States Code, is 
amended by striking ‘‘within grade GS–13 or above of the 
General Schedule’’ and inserting ‘‘in a position as des-
ignated by the Secretary of Defense’’. 
(b) CRITICAL
ACQUISITION
POSITIONS.—Section 
1733 of such title is amended by striking subsection (b) 
and inserting the following: 
‘‘(b) DESIGNATION OF CRITICAL ACQUISITION POSI-
TIONS.—(1) The Secretary of Defense shall designate the
143
acquisition positions in the Department of Defense that 
are critical acquisition positions. Such positions shall in-
clude the following: 
‘‘(A) Program Executive Officer. 
‘‘(B) Program Manager of a major defense ac-
quisition program (as defined in section 2430 of this 
title) or of a significant nonmajor defense acquisition 
program (as defined in section 1737(a)(3) of this 
title). 
‘‘(C) Deputy program manager of a major de-
fense acquisition program. 
‘‘(D) Any other acquisition position of signifi-
cant responsibility determined by the Secretary to be 
critical. 
‘‘(2) The Secretary shall periodically publish a list of 
the positions designated under this subsection.’’. 
(c) SCHOLARSHIP PROGRAMS.—Section 1742(3) of 
such title is amended by adding at the end the following: 
‘‘(A) WRITTEN AGREEMENT.—Scholarship 
recipients shall be required to sign a written 
agreement defining the terms for the scholar-
ship. Such terms shall address criteria for con-
tinuing eligibility and repayment if the recipient 
fails to make the eligibility criteria and a con-
tinuing service obligation.
144
‘‘(B) REPAYMENT.—(i) In addition to the 
repayments that may be required by subpara-
graph (A), any person participating in a schol-
arship program established under this section 
shall agree to pay to the United States the total 
amount of educational assistance provided to 
the person under this program if the person is 
voluntarily separated from government service 
or involuntarily separated for cause from the 
Department of Defense before the end of the 
period for which the person has agreed to con-
tinue in the service of the Department of De-
fense in an acquisition position. 
‘‘(ii) If an employee fails to fulfill his 
agreement to pay to the Government the total 
amount of educational assistance provided to 
the person under this program, a sum equal to 
the amount of the educational assistance is re-
coverable by the Government from the employee 
or his estate by—
‘‘(I) setoff against accrued pay, com-
pensation, amount of retirement credit, or 
other amount due the employee from the 
Government; and
145
‘‘(II) such other method as is provided 
by law for the recovery of amounts owing 
to the Government. 
‘‘(iii) The Secretary may waive in whole or 
in part a required repayment under this sub-
section if the Secretary determines the recovery 
would be against equity and good conscience or 
would be contrary to the best interests of the 
United States. 
‘‘(iv) EFFECT
OF
DISCHARGE
IN
BANK-
RUPTCY.—A discharge in bankruptcy under 
title 11 that is entered less than five years after 
the termination of an agreement under this sec-
tion does not discharge the person signing such 
agreement from a debt arising under such 
agreement. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in this section shall be considered to require 
that a position be offered to a person after such 
person successfully completes the course of edu-
cation agreed to. However, if no position de-
scribed in the required written agreement of 
subsection (3)(A) is offered within the time 
specified in the agreement, the agreement shall 
be considered terminated.’’.
146
(d) AUTHORITY TO ESTABLISH DIFFERENT MIN-
IMUM REQUIREMENTS.—Section 1764(b) of such title is 
amended—
(1) in paragraph (1), by striking ‘‘(5)’’ and in-
serting ‘‘(6)’’; 
(2) by redesignating paragraph (5) as para-
graph (6); and 
(3) by inserting after paragraph (4) the fol-
lowing new paragraph (5): 
‘‘(5) Deputy Program Manager.’’. 
SEC. 802. DELEGATION TO THE DEFENSE CONTRACT MAN-
AGEMENT AGENCY TO MAKE DETERMINA-
TIONS 
CONCERNING 
RESTRUCTURING 
COSTS. 
Paragraph (2) of section 2325(a) of title 10, United 
States Code, is amended by striking ‘‘an Assistant Sec-
retary of Defense’’ and inserting ‘‘the Director, Defense 
Contract Management Agency’’. 
SEC. 803. DISPOSAL OF EXCESS AND OBSOLETE MATERIALS 
CONTAINED 
IN 
THE 
NATIONAL 
DEFENSE 
STOCKPILE. 
(a) DISPOSAL AUTHORIZED.—Subject to conditions 
specified in subsection (b), the President may dispose ex-
cess and obsolete materials contained in the National De-
fense Stockpile as set forth in the following table, with
147
the quantity of each material authorized for disposal to 
be either the remaining inventory or the quantity set forth, 
whichever is greater:
Cobalt ............................................
4,497,460 pounds contained cobalt 
Beryllium metal (vacuum cast) .....
5 short tons 
Chromite Chemical ........................
34,000 short dry tons 
Chromite Refractory ......................
83,791 short tons 
Chromium Ferroalloy ....................
63,279 short tons 
Columbium Concentrates ...............
747,978 pounds contained columbium 
Columbium Metal Ingot ................
60,751 pounds contained columbium 
Diamond, Stones ...........................
780,426 carats 
Germanium ....................................
34,263 kilograms 
Platinum ........................................
20,880 troy ounces 
Platinum—Palladium ....................
4,918 troy ounces 
Tantalum Carbide Powder ............
8,158 pounds contained tantalum 
Tantalum Metal Powder ................
34,607 pounds contained tantalum 
Tantalum Minerals ........................
1,287,016 pounds contained tantalum 
Tantalum Oxide .............................
41,320 pounds contained tantalum 
Tungsten Ferro .............................
280,415 pounds contained tungsten 
Tungsten Metal Powder ................
919,666 pounds contained tungsten 
Tungsten Ores & Concentrates .....
60,375,212 pounds contained tung-
sten
(b) MINIMIZATION OF DISRUPTION AND LOSS.—Dis-
posal of materials under this section should minimize—
(1) undue disruption of the usual markets of 
producers, processors, and consumers of the mate-
rials proposed for disposal; or 
(2) avoidable loss to the United States. 
(c) RELATIONSHIP TO OTHER DISPOSAL AUTHOR-
ITY.—The disposal authority provided in subsection (a) is 
new disposal authority and is in addition to, and shall not 
affect, any other disposal authority provided by law re-
garding the materials in the National Defense Stockpile.
148
SEC. 804. PRIVATIZATION OF MILITARY UTILITIES LO-
CATED ON NON-––FEDERAL LAND. 
Section 2688 of title 10, United States Code, is 
amended—
(1) by adding at the end the following new sub-
section: 
‘‘(j) CONVEYANCES ON PROPERTY OWNED BY OTH-
ERS.—(1) Notwithstanding subsection (b), for those in-
stallations where the United States does not own a pre-
ponderance of the land underlying the installation, the 
Secretary concerned may carry out a conveyance under 
subsection (a), without using competitive procedures, if 
the prospective conveyee—
‘‘(A)(i) is a utility company whose service area 
is adjacent to or covers part or all of the installa-
tion; 
‘‘(ii) is a regulated utility company; 
‘‘(iii) has a franchise to serve the area encom-
passing part or all of the installation; and 
‘‘(iv) has a franchise granted by the state; or 
‘‘(B)(i) is a governmental entity; 
‘‘(ii) operates a public airport adjoining the in-
stallation; 
‘‘(iii) owns the property underlying a substan-
tial part or all of the installation; and
149
‘‘(iv) owns the utility system for the adjoining 
airport. 
‘‘(2) Clause (A)(iii) of paragraph (1) shall apply only 
if the State in which the installation is located grants fran-
chises for the type of utility system being conveyed. 
‘‘(3) If more than one prospective conveyee meets the 
requirements of paragraph (1), the Secretary may limit 
competition to only those prospective conveyees.’’; 
(2) in subsection (c)—
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the 
following new paragraph (2): 
‘‘(2) Notwithstanding paragraph (1), if the convey-
ance is made in accordance with subsection (j), and is 
made—
‘‘(A) to a regulated utility company which is 
wholly owned by or is a governmental entity, or 
‘‘(B) to a governmental entity under clause (B) 
of subsection (j)(1), 
the Secretary may determine that the interest conveyed 
has a value of $1.00. Such determination shall be conclu-
sive for all purposes.’’; 
(3) in subsection (f), by adding at the end the fol-
lowing new paragraph:
150
‘‘(3) In any conveyance to which paragraph (2) of 
subsection (c) applies, the Secretary shall require that the 
utility system, without notice, charge, or cost, revert to 
the ownership of the United States if the utility company 
to which the system was conveyed—
‘‘(A) if wholly owned by a governmental entity 
when the system was conveyed, ceases to be wholly 
owned by a governmental entity, or 
‘‘(B) if a governmental entity when the system 
was conveyed, changes to a non-governmental enti-
ty.’’; and 
(4) in subsection (h)—
(A) in the subsection heading, by striking 
‘‘UTILITY SYSTEM DEFINED’’ and inserting 
‘‘DEFINITIONS’’; and 
(B) by adding at the end the following new 
paragraphs: 
‘‘(3) The term ‘governmental entity’ means public 
bodies created in accordance with state law for the pur-
pose of exercising the authority of the state. 
‘‘(4) The term ‘independent regulatory body’ means 
the Federal Energy Regulatory Commission, a state-wide 
agency, or an agency with less than state-wide jurisdiction 
when operating pursuant to state authority. Such a body
151
must have the power to fix, establish, or control the rates 
and services of utility systems. 
‘‘(5) The term ‘non-independent regulatory body’ 
means a body that regulates a utility system which is 
owned or operated by the regulatory body or by the same 
entity that created the regulatory body, such as a munici-
pality that owns or operates and regulates its own munic-
ipal utility system. 
‘‘(6) The term ‘regulated utility company’ means a 
utility company regulated by an independent regulatory 
body, as opposed to a non-independent regulatory body.’’. 
SEC. 805. REPEAL OF REDUNDANT LIMITATIONS ON THE 
PROCUREMENT 
OF 
TOTALLY 
ENCLOSED 
LIFEBOATS. 
(a) Section 8124 of the Department of Defense Ap-
propriations Act, 1994 (Public Law 103–139; 107 Stat. 
1469) is repealed. 
(b) Section 8093 of the Department of Defense Ap-
propriations Act, 1995 (Public Law 103–335; 108 Stat. 
2638) is repealed. 
SEC. 806. DEMONSTRATION PROGRAMS USING DESIGN-
BUILD CONTRACTS. 
(a) AUTHORITY TO CARRY OUT PROGRAM.—The 
Secretary of the Navy and the Secretary of the Army each 
may conduct a demonstration program to assess the feasi-
152
bility and desirability to enter into design for design-build 
contract (fast-track design funding) prior to authorization 
and appropriation of the project, using design funds made 
available under the authority of section 2807 of title 10, 
United States Code, for the design portion of the contract 
in order to reduce facility acquisition time. 
(b) DESIGN-BUILD CONTRACTING.—For purposes of 
the demonstration program, the Secretary concerned shall 
have, in addition the authority in paragraph (c)(5) of sec-
tion 2305a of title 10, United States Code, the authority, 
notwithstanding any other provision of law, to accelerate 
design efforts for design-build contracts (fast-track design 
funding) to complete the design effort for any military 
construction or family housing construction project, prior 
to the project being authorized and appropriated, if—
(1) the contractor to which the contract was 
awarded has been selected using design-build selec-
tion procedures established under section 2305a of 
title 10, United States Code; 
(2) a request for the authorization and appro-
priation of construction funds has been submitted to 
Congress as part of the President’s annual budget; 
and
153
(3) the Government’s liability in a Termination 
for Convenience would not exceed costs above that 
attributable to the final design of the project. 
(c) USE OF DESIGN FUNDS IN DESIGN-BUILD CON-
TACTS.—Notwithstanding section 2807(a) of title 10, 
United States Code, projects conducted as part of this pro-
gram may include projects specifically authorized by law. 
(d) USE OF DESIGN FUNDS IN DESIGN-BUILD CON-
TRACTS FOR FACILITIES FOR RESERVE COMPONENTS.—
Notwithstanding section 18233(e) of title 10, United 
States Code, projects conducted as part of this program 
may include projects specifically authorized by law. 
(e) EXPIRATION.—The Secretary of the Navy and the 
Secretary of the Army may not enter into a contract for 
a military construction project under the demonstration 
program described in subsections (a), (b), and (c) after 
September 30, 2008. 
SEC. 807. TWO-YEAR EXTENSION OF LABORATORY REVITAL-
IZATION DEMONSTRATION PROGRAM.
Subsection (g) of section 2892 of the Military Con-
struction Authorization Act for Fiscal Year 1996 (division 
B of Public Law 104–106; 110 Stat. 590; 10 U.S.C. 2805 
note), as amended by section 2871 of the Strom Thur-
mond National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105–261; 112 Stat. 2225)), is further
154
amended by striking ‘‘September 30, 2003’’ and inserting 
‘‘September 30, 2005’’. 
Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 821. PILOT AUTHORITY FOR FOLLOW-ON PRODUCTION 
AGREEMENTS RELATING TO CERTAIN PRO-
TOTYPE PROJECTS. 
(a) FOLLOW-ON
PRODUCTION
AGREEMENTS.—A 
transaction entered into under section 845 of the National 
Defense Authorization Act for Fiscal Year 1994 as 
amended (Public Law 103–160; 10 U.S.C. 2371 note) for 
a prototype project may provide for the award of a follow-
on production agreement to the participants in the trans-
action for a specific number of units at specific target 
prices. The number of units specified in the transaction 
shall be determined on the basis of a balancing of the level 
of the investment made in the project by the participants 
other than the Federal Government with the interest of 
the Federal Government in having competition among 
sources in the acquisition of the product or products 
prototyped under the project. 
(b) APPROPRIATE USE OF AUTHORITY.—The Sec-
retary of Defense shall ensure that no official of an agency 
enters into a transaction under the authority of this sec-
155
tion for a follow-on production agreement unless use of 
a transaction is necessary to continue business arrange-
ments established for prototype projects that included the 
significant participation of a nontraditional defense con-
tractor when the nontraditional defense contractor con-
tinues to participate to a significant extent in the pre-pro-
duction or production of the item. 
(c) ADVANCE PAYMENTS.—A cumulative total of up 
to $20,000,000 of advances to participants in the trans-
actions under this section is allowed without regard to sub-
section 3324(a) of title 31, United States Code, regarding 
advance payments. 
(d) COMPETITIVE PROCEDURES.—A follow-on pro-
duction agreement provided for in a transaction under 
paragraph (a) may be awarded to the participants in the 
transaction without the use of competitive procedures, not-
withstanding the requirements of section 2304 of title 10, 
United States Code, if—
(1) competitive procedures were used for the se-
lection of parties for participation in the prototype 
transaction; 
(2) the participants in the prototype transaction 
successfully completed the prototype project provided 
for in the transaction;
156
(3) the number of units provided for in the fol-
low-on production agreement does not exceed the 
number of units specified in the prototype other 
transaction for such potential follow-on production 
agreement; and 
(4) the prices established in the follow-on pro-
duction agreement do not exceed target prices speci-
fied in the prototype other transaction for such a po-
tential follow-on production agreement. 
(e) PROTECTION OF CERTAIN INFORMATION FROM 
DISCLOSURE.—
(1) Disclosure of information described in para-
graph (2) is not required, and may not be compelled, 
under section 552 of title 5, United States Code, for 
five years after the date on which the information is 
received by the Department of Defense. 
(2)(A) Paragraph (1) applies to information de-
scribed in paragraph (B) that is in the records of 
the Department of Defense if the information was 
submitted to the Department in a competitive or 
noncompetitive process having the potential for re-
sulting in an award, to the party submitting the in-
formation, of a cooperative agreement for perform-
ance of basic, applied, or advanced research author-
157
ized by section 2358 of this title or another trans-
action authorized by subsection (a). 
(B) The information referred to in subpara-
graph (A) is the following: 
(i) A proposal, proposal abstract, and sup-
porting documents. 
(ii) A business plan submitted on a con-
fidential basis. 
(iii) Technical information submitted on a 
confidential basis. 
(f) PERIOD OF AUTHORITY.—The authority to con-
duct a pilot program under this section shall terminate 
on September 30, 2010. The termination of the authority 
shall not affect the validity of continued performance on 
agreements that are awarded or modified during the pe-
riod of the pilot program. 
SEC. 822. CHARGING OF FEES FOR LOGISTICS DATA. 
(a) IN GENERAL.—Chapter 141 of title 10, United 
States Code, is amended by inserting after section 2410m 
the following new section: 
‘‘§ 2410n. Charging of fees for logistics data 
‘‘The Secretary of Defense may establish fees, at a 
level sufficient to recover costs, for materials provided by 
the Defense Logistics Information Services to the public,
158
State and local governments, and Federal entities from 
the Federal Logistics Information System.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following item:
‘‘2410n. Charging of fees for logistics data.’’.
SEC. 823. SALE AND EXCHANGE OF MISSILE PROPELLANTS 
AND ELECTRICITY. 
(a) IN GENERAL.—Section 2404 of title 10, United 
States Code, is amended—
(1) by striking ‘‘fuel’’ each place it appears and 
inserting ‘‘energy’’; 
(2) in subsection (d), by striking ‘‘of the De-
partment of Defense’’; 
(3) in subsection (e), by striking ‘‘such blends’’ 
and inserting ‘‘such blends, and additives thereto’’; 
(4) by redesignating subsection (f) as sub-
section (g); 
(5) by inserting after subsection (e) the fol-
lowing new subsection (f): 
‘‘(f) MISSILE PROPELLANT DEFINED.—In this sec-
tion, the term ‘missile propellant’ means the chemical 
product which is utilized as an energy, oxidizer, catalyst 
or inert additive in the engines of rockets and missiles or 
used in high energy lasers.’’; and
159
(6) in subsection (g), as redesignated by para-
graph (4), by adding at the end the following new 
paragraphs: 
‘‘(5) Missile propellant. 
‘‘(6) Electricity.’’. 
(b) CLERICAL AMENDMENTS.—(1) The heading of 
such section is amended to read as follows: 
‘‘§ 2404. Energy acquisitions, exchanges and waiv-
ers’’. 
(2) The table of sections at the beginning of chapter 
141 of such title is amended by striking the item relating 
to section 2404 and inserting the following new item:
‘‘2404. Energy acquisitions, exchanges and waivers.’’.
SEC. 824. PILOT PROGRAM TO CONTRACT WITH LOCAL 
GOVERNMENTS FOR SERVICES. 
(a) ACQUISITION AUTHORITY.—Subject to the provi-
sions of chapter 146 of title 10, United States Code, but 
notwithstanding any other provision of law related to the 
award of public contracts, the Secretary of a military de-
partment may enter into a contract or other agreement 
for the provision of local governmental services at an in-
stallation of the Department of Defense with the local gov-
ernmental entity responsible in accordance with state law 
for serving the area that includes the installation or facil-
ity. The Secretary may enter into such a contract or 
agreement without utilizing competitive procedures and
160
without regard to whether the local governmental entity 
to which the Secretary makes award is required by law 
to provide those services to the public without direct 
charge: provided, however, that such law does not require 
the provision of those services to federal facilities without 
charge. 
(b) LIMITATIONS.—The authority provided in sub-
section (a) may be used at no more than two installations 
in each military department and may not be applied after 
September 30, 2010. 
(c) DEFINITIONS.—In this section, the term ‘‘local 
governmental services’’ means refuse collection and dis-
posal, libraries, recreation, facility repair and mainte-
nance, and utilities. 
SEC. 825. PROCUREMENT OF BALL AND ROLLER BEARINGS. 
(a) LIMITATION.—Paragraph (5) of subsection (a) of 
section 2534 of title 10, United States Code, is amended 
to read as follows: 
‘‘(5) BALL
BEARINGS
AND
ROLLER
BEAR-
INGS.—Ball bearings and roller bearings or bearing 
components, except ball bearings and roller bearings 
being procured for use in an end product manufac-
tured by a manufacturer that does not satisfy the 
requirements of subsection (b) or in a component 
part manufactured by such a manufacturer. ‘Bear-
161
ing components’ means the bearing element, re-
tainer, inner race, or outer race.’’. 
(b) INAPPLICABILITY
TO CERTAIN CONTRACTS.—
Paragraph (2) of subsection (j) of such section is amended 
to read as follows: 
‘‘(2) This section does not apply with respect to a 
contract or subcontract to purchase items described in 
subsection (a)(5) if such contract or subcontract is for the 
acquisition of commercial items, unless commercial ball 
and roller bearings are being acquired as end items.’’. 
SEC. 826. INCREASED THRESHOLD FOR AWARDING CON-
TRACTS UNDER OTHER THAN COMPETITIVE 
PROCEDURES. 
Section 2304(f)(1)(B) of title 10, United States 
Code, is amended—
(1) in clause (ii), by striking ‘‘$50,000,000’’ 
and inserting ‘‘$75,000,000’’; and 
(2) in clause (iii), by striking ‘‘$50,000,000’’ 
and inserting ‘‘$75,000,000’’.
162
SEC. 827. INCREASED THRESHOLD FOR REQUIRING CON-
TRACTORS 
TO 
PROVIDE 
SPECIFIED 
EM-
PLOYEE 
INFORMATION 
TO 
COOPERATIVE 
AGREEMENT HOLDERS. 
Section 2416(d) of title 10, United States Code, is 
amended 
by 
striking 
‘‘$500,000’’ 
and 
inserting 
‘‘$1,000,000’’. 
SEC. 828. LIMITATION ON TASK AND DELIVERY ORDER 
CONTRACTS. 
Subsection 2304a(f) of title 10, United States Code, 
is amended to read as follows: 
‘‘(f) CONTRACT PERIOD.—The head of an agency en-
tering into a task or delivery order contract under this 
section may provide for the contract to cover any period 
up to five years and may extend the contract period for 
one or more successive periods pursuant to an option pro-
vided in the contract or a modification to the contract. 
In no event, however, may the total contract period as ex-
tended exceed ten years.’’. 
Subtitle C—Acquisition-Related 
Reports and Other Matters 
SEC. 841. STREAMLINING REAL PROPERTY TRANSACTIONS. 
(a) Section 2662 of title 10, United States Code, is 
amended—
(1) by amending subsection (a) to read as fol-
lows:
163
‘‘(a) GENERAL
NOTICE
AND
WAIT
REQUIRE-
MENTS.—The Secretary concerned shall provide a report 
of the facts concerning the proposed transaction to the 
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives 
if the estimated price, annual rental, or value exceeds the 
unspecified minor military construction ceiling in section 
2805(a)(1) of this title. Such transactions are—
‘‘(1) An acquisition of fee title to any real prop-
erty, 
‘‘(2) A lease of any real property to the United 
States, 
‘‘(3) A lease or license of real property owned 
by the United States, 
‘‘(4) A transfer of real property owned by the 
United States to another Federal agency or another 
military department or to a State, 
‘‘(5) A report of excess real property owned by 
the United States to a disposal agency, or 
‘‘(6) Any termination or modification by either 
the grantor or grantee of an existing license or per-
mit to a military department of real property owned 
by the United States, under which substantial in-
vestments have been or are proposed to be made in
164
connection with the use of the property by the mili-
tary department.’’; 
(2) in subsection (b), by striking ‘‘$750,000’’ 
and inserting ‘‘the unspecified minor military con-
struction project ceiling in section 2805(a)(1) of this 
title’’; and 
(3) in subsection (e), by striking ‘‘$750,000’’ 
and inserting ‘‘the unspecified minor military con-
struction project ceiling in section 2805(a)(1) of this 
title’’. 
(b) Section 2672 of title 10, United States Code, is 
amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘(1) The’’ and insert-
ing ‘‘The’’; 
(ii) by redesignating subparagraphs 
(A) and (B) as paragraphs (1) and (2); 
and 
(iii) in paragraph (2), as redesignated, 
by striking ‘‘$750,000’’ and inserting ‘‘the 
unspecified minor military construction 
project ceiling in section 2805(a)(1) of this 
title’’; and 
(B) by striking paragraph (2); and
165
(2) in subsection (b), by striking ‘‘$750,000’’ 
and everything that follows through the period at 
the end of the sentence and inserting ‘‘the unspec-
ified minor military construction project ceiling in 
section 2805(a)(1) of this title’’. 
SEC. 842. REPEAL OF ANNUAL REPORTING REQUIREMENT 
CONCERNING MANAGEMENT OF DEPOT EM-
PLOYEES. 
Section 2472 of title 10, United States Code, is 
amended—
(1) by striking ‘‘(a) PROHIBITION ON MANAGE-
MENT BY END STRENGTH.—’’; and 
(2) by striking subsection (b). 
SEC. 843. SIMPLIFICATION OF ANNUAL REPORTING RE-
QUIREMENTS 
CONCERNING 
FUNDS 
EX-
PENDED FOR DEPOT MAINTENANCE AND RE-
PAIR WORKLOADS. 
Section 2466(d) of title 10, United States Code, is 
amended to read as follows: 
‘‘(d) ANNUAL REPORTS.—(1) Not later than April 1 
of each year, the Secretary of Defense shall submit to Con-
gress a report identifying, for each of the military depart-
ments and each Defense Agency, the percentage of the 
funds referred to in subsection (a) that was expended dur-
ing the preceding fiscal year and are projected to be ex-
166
pended in the current and the next fiscal years for per-
formance of depot-level maintenance and repair workloads 
by the public and private sectors, as required by this sec-
tion. 
‘‘(2) Not later than 60 days after the date on which 
the Secretary submits a report under this subsection, the 
Comptroller General shall submit to Congress the Comp-
troller General’s views on whether the Department of De-
fense has complied with the requirements of subsection (a) 
for the preceding fiscal year covered by the report and that 
the expenditure projections for the current and next fiscal 
years are reasonable.’’.
SEC. 844. PROVISIONS RELATING TO REAL PROPERTY. 
(a) IN GENERAL.—(1) Section 2661 of title 10, 
United States Code, is amended by adding at the end the 
following new subsections: 
‘‘(c) COMMISSIONS
ON
LAND
PURCHASE
CON-
TRACTS.—The maximum amount payable as a commission 
on a contract for the purchase of land from funds appro-
priated for the Department of Defense is 2 percent of the 
purchase price. 
‘‘(d) AVAILABILITY OF FUNDS FOR ACQUISITION OF 
CERTAIN INTERESTS IN LANDS.—Appropriations avail-
able to the Department of Defense for operation and 
maintenance or construction may be used for the acquisi-
167
tion of land or interests in land under section 2672 of 
this title and for the acquisition of interests in land under 
section 2675 of this title.’’. 
(2) Section 2679 of such title is amended—
(A) by striking the title and inserting the fol-
lowing: 
‘‘§ 2679. Use of facilities by private organizations or 
as polling places’’; 
(B) by redesignating subsections (a), (b), (c), 
and (d) as paragraphs (1), (2), (3), and (4), respec-
tively; 
(C) by inserting before paragraph (1), as redes-
ignated, the following: 
‘‘(a) USE OF SPACE AND EQUIPMENT BY VETERANS’ 
ORGANIZATIONS.—’’; 
and 
(D) by adding at the end the following new sub-
sections: 
‘‘(b) LICENSES TO AMERICAN NATIONAL RED CROSS 
FOR ERECTION AND USE OF BUILDINGS.—Under such 
conditions as he may prescribe, the Secretary concerned 
may issue a revocable license to the American National 
Red Cross to—
168
‘‘(1) erect and maintain, on any military instal-
lation under the Secretary’s jurisdiction, buildings 
for the storage of supplies; or 
‘‘(2) use, for the storage of supplies, buildings 
erected by the United States. 
Supplies stored in buildings erected or used under this sec-
tion are available to aid the civilian population in a serious 
national disaster. 
‘‘(c) USE
OF CERTAIN FACILITIES
AS POLLING 
PLACES.—(1) Notwithstanding chapter 29 of title 18 (in-
cluding sections 592 and 593 of such title) or any other 
provision of law, the Secretary of Defense or Secretary 
of a military department may not (except as provided in 
paragraph (3)) prohibit the designation or use of a quali-
fying facility under the jurisdiction of the Secretary as an 
official polling place for local, State, or Federal elections. 
‘‘(2) A Department of Defense facility is a qualifying 
facility for purposes of this subsection if as of December 
31, 2000—
‘‘(A) the facility is designated as an official 
polling place by a State or local election official; or 
‘‘(B) the facility has been used as such an offi-
cial polling place since January 1, 1996. 
‘‘(3) The limitation in paragraph (1) may be waived 
by the Secretary with respect to a particular Department
169
of Defense facility if the Secretary determines that local 
security conditions require prohibition of the designation 
or use of that facility as an official polling place for any 
election.’’. 
(3) Section 2664 of such title is repealed. 
(4) Sections 2666, 2670, and 2673 of such title are 
repealed. 
(b) CLERICAL AMENDMENTS.—The table of sections 
for chapter 159 of such title is amended—
(1) by striking the items relating to sections 
2664, 2666, 2670, and 2673; and 
(2) by striking the item relating to section 2679 
and inserting the following:
‘‘2679. Use of facilities by private organizations or as polling places.’’.
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Duties and Functions 
of Department of Defense Officers 
SEC. 901. TRANSFER OF RESPONSIBILITY FOR THE ASSEM-
BLED CHEMICAL ––WEAPONS ALTERNATIVES 
PROGRAM. 
Section 142(a) of the Strom Thurmond National De-
fense Authorization Act for Fiscal Year 1999 (Public Law 
105–261; 50 U.S.C. 1521 note) is amended to read as 
follows:
170
‘‘(a) PROGRAM MANAGEMENT.—Oversight of the As-
sembled Chemical Weapons Alternatives program shall be 
transferred from the Under Secretary of Defense for Ac-
quisition, Technology and Logistics to the Secretary of the 
Army not later than January 1, 2005. Upon transfer of 
oversight, the program may be managed as part of the 
Department of the Army management organization speci-
fied in 50 U.S.C. 1521(e). The Army shall continue to 
implement fully the alternative technologies previously se-
lected for the destruction of lethal chemical munitions at 
Pueblo Chemical Depot, Colorado, and Blue Grass Army 
Depot, Kentucky by the Under Secretary of Defense for 
Acquisition, Technology and Logistics.’’. 
SEC. 902. EXPANDED ELIGIBILITY TO SERVE AS THE DEP-
UTY CHIEF OF NAVAL OPERATIONS AND AS-
SISTANT CHIEF OF NAVAL OPERATIONS. 
(a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Sec-
tion 5036(a) of title 10, United States Code, is amended 
by striking ‘‘in the line’’. 
(b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—
Section 5037(a) of such title is amended by striking ‘‘in 
the line’’.
171
SEC. 903. REPEAL OF REQUIRED PERIODIC INSPECTOR 
GENERAL AUDITS OF ––UNDEFINITIZED CON-
TRACTUAL ACTIONS. 
Section 908 of the Defense Acquisition Improvement 
Act of 1986 (as contained in section 101(c) of Public Law 
99–500 and identically enacted in section 101(c) [title X] 
of Public Law 99–591 and title IX of division A of Public 
Law 99–661) (10 U.S.C. 2326 note) is amended by strik-
ing subsection (b). 
SEC. 904. REPEAL OF MANDATORY INSPECTOR GENERAL 
REVIEW OF –ADVISORY AND ASSISTANCE 
SERVICES CONTRACT WAIVERS. 
Section 2399(e)(2) of title 10, United States Code, 
is amended by striking ‘‘The Inspector General of the De-
partment of Defense shall review each such waiver and 
shall include in the Inspector General’s semi-annual report 
an assessment of those waivers made since the last such 
report.’’
SEC. 905. CHAIN OF SUCCESSION FOR THE CHIEF, NA-
TIONAL GUARD BUREAU. 
(a) DESIGNATION OF SENIOR OFFICER IN NATIONAL 
GUARD BUREAU.—Section 10502 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) SUCCESSION.—Unless otherwise directed by the 
President or Secretary of Defense, when there is a vacancy
172
in the office of the Chief of the National Guard Bureau 
or in the event the Chief is unable to perform his duties, 
the more senior officer of either the Army National Guard 
of the United States or the Air National Guard of the 
United States on duty with the National Guard Bureau 
shall serve as the acting Chief until a successor is ap-
pointed or the Chief once again is able to perform his du-
ties.’’. 
(b) CLERICAL AMENDMENTS.—(1) The heading of 
such section is amended by adding at the end the fol-
lowing: ‘‘; succession’’. 
(2) The item relating to such section in the table of 
sections at the beginning of chapter 1011 of such title is 
amended by inserting before the period at the end the fol-
lowing: ‘‘; succession’’. 
(c) REPEALER.—Subsections (d) and (e) of section 
10505 of such title are repealed. 
Subtitle B—Reports
SEC. 911. REPEAL OF REPORTING REQUIREMENT CON-
CERNING THE COOPERATIVE THREAT RE-
DUCTION PROGRAM. 
Section 1307 of the National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 
2165), is repealed.
173
SEC. 912. REPEAL OF ANNUAL REPORTING REQUIREMENT 
CONCERNING THREAT POSED BY WEAPONS 
OF 
MASS 
DESTRUCTION, 
BALLISTIC 
MIS-
SILES, AND CRUISE MISSILES. 
Section 234 of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 
1664; 50 U.S.C. 2367), is repealed. 
Subtitle C—Other Matters 
SEC. 921. MANPOWER AND BUDGET ISSUES IN THE DE-
FENSE 
PRISONER 
OF 
WAR/MISSING 
PER-
SONNEL OFFICE. 
Section 1501(a)(5) of title 10, United States Code, 
is amended by striking subparagraph (C). 
SEC. 922. THREE-YEAR EXTENSION OF MENTOR-PROTE 
AE1GE AE1 PROGRAM. 
Section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 
2302 note) is amended—
(1) in subsection (j)—
(A) in paragraph (1), by striking ‘‘Sep-
tember 30, 2005’’ and inserting ‘‘September 30, 
2008’’; and 
(B) in paragraph (2), by striking ‘‘Sep-
tember 30, 2008’’ and inserting ‘‘September 30, 
2011’’; and
174
(2) in subsection (l)(3), by striking ‘‘2007’’ and 
inserting ‘‘2010’’. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. CAPTURE OF ALL EXPIRED FUNDS FROM THE 
MILITARY PERSONNEL AND OPERATION AND 
MAINTENANCE APPROPRIATIONS ACCOUNTS 
FOR USE IN THE FOREIGN CURRENCY FLUC-
TUATIONS ACCOUNT. 
Section 2779 of title 10, United States Code, is 
amended—
(1) in subsection (a)(2), by striking ‘‘second fis-
cal year’’ and inserting ‘‘fifth fiscal year’’; and 
(2) in subsection (d)(2), by striking ‘‘second fis-
cal year’’ and inserting ‘‘fifth fiscal year’’. 
SEC. 1002. REIMBURSEMENT FOR USE OF PERSONAL CEL-
LULAR TELEPHONES WHEN USED FOR OFFI-
CIAL GOVERNMENT BUSINESS. 
(a) IN GENERAL.—(1) Chapter 134 of title 10, 
United States Code, is amended by inserting after section 
2257 the following new section: 
‘‘§ 2258. Personal cellular telephones: reimbursement 
when used for Government business 
‘‘(a) GENERAL AUTHORITY.—The Secretary of De-
fense may reimburse members of the Army, Navy, Air
175
Force, and Marine Corp, and civilian officers and employ-
ees of the Department of Defense, for cellular telephone 
use on a privately owned cellular telephone when used on 
official Government business. Such reimbursement shall 
be on a flat-rate basis. 
‘‘(b) REIMBURSEMENT RATE.—The Secretary of De-
fense may prescribe the reimbursement rate for purposes 
of subsection (a). That reimbursement rate may not ex-
ceed the equivalent Government costs of providing a cel-
lular telephone to employees on official Government busi-
ness.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter II of such chapter is 
amended by inserting after the item relating to section 
2257 the following new item:
‘‘2258. Personal cellular telephones: reimbursement when used for Government 
business.’’.
SEC. 1003. PURCHASE OF PROMOTIONAL ITEMS OF NOMI-
NAL VALUE FOR RECRUITMENT PURPOSES. 
(a) IN GENERAL.—Chapter 81 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1599e. Authority to purchase items of nominal 
value for recruitment purposes 
‘‘The Secretary of Defense may purchase promotional 
items of nominal value for use in the recruitment of indi-
176
viduals for employment under this chapter. The Secretary 
shall prescribe guidelines for the administration of the pre-
ceding sentence.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for such chapter is amended by adding at the end the fol-
lowing new item:
‘‘1599e. Authority to purchase items of nominal value for recruitment pur-
poses.’’.
SEC. 1004. MICROCLAIM WAIVER AUTHORITY. 
(a) IN GENERAL.—Chapter 131 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2229. General waiver authority 
‘‘(a) Pursuant to regulations published by the Sec-
retary of Defense, the Secretary or his designees may 
waive indebtedness owed to the United States Government 
and arising out of the activities of, or referred to, the De-
partment of Defense, and not referred to another execu-
tive or legislative agency for further collection action, 
when, based on a cost benefit analysis, the costs of collec-
tion are expected to exceed the amounts recoverable. 
‘‘(b) The authority pursuant to this section may be 
delegated to the lowest level to ensure costs of processing 
waivers do not exceed costs of processing collections. Exer-
cise of this waiver authority for amounts in excess of the 
micropurchase threshold amount is not authorized.
177
‘‘(c) Waivers under subsection (a) may be applied to 
indebtedness owed by military and civilian personnel, fees 
for jury duty, or similar items where application of the 
waiver authority would be more economical to the Govern-
ment than processing the action to completion. Application 
of the waiver to any transaction is at the sole discretion 
of the Secretary or designee and may not be reviewed in 
a court of law. 
‘‘(d) Nothing in this section requires the exercise of 
the waiver authority and no rights are conferred hereby 
on any third party.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item:
‘‘2229. Microclaim waiver authority.’’.
Subtitle B—Naval Vessels and 
Shipyards 
SEC. 1011. EXCHANGE AND SALE OF OBSOLETE NAVY SERV-
ICE CRAFT AND BOATS. 
(a) IN GENERAL.—Subsection (d) of section 7305 of 
title 10, United States Code, is amended to read as fol-
lows: 
‘‘(d) EXCHANGE OR SALE OF SIMILAR ITEMS.—(1) 
Notwithstanding any other provision of law, the Secretary 
and his designees, in acquiring similar personal property
178
pursuant to section 503 of title 40, may, under regulations 
to be prescribed by the Secretary—
‘‘(A) exchange or sell obsolete Navy service 
craft and boats, and 
‘‘(B) retain from the proceeds of the sale of 
such personal property amounts necessary to re-
cover, to the extent practicable, the full costs, direct 
and indirect, incurred by the Navy in preparing such 
property for exchange or sale, including the costs for 
towing, storage, defueling, removal and disposal of 
hazardous wastes, environmental surveys to deter-
mine the presence of regulated polychlorinated 
biphenyl (PCB) containing materials, and if found, 
the removal and disposal of regulated PCB-con-
taining materials, and other related costs. 
The Secretary or his designees may use such retained pro-
ceeds in whole or in part payment for the preparation of 
additional obsolete Navy service craft and boats for future 
sale or exchange under this authority. 
‘‘(2) Such amounts shall be deposited into an account 
that shall be available for such costs without regard to 
fiscal year limitations. Amounts that are not needed to 
pay such costs shall be transferred at least annually to 
the general fund or to a specific account in the Treasury 
as otherwise authorized by law.
179
‘‘(3) Section 3709 of the Revised Statutes does not 
apply to sales of property pursuant to this subsection.’’. 
SEC. 1012. AWARD CONTRACTS FOR SHIP DISMANTLING ON 
NET COST BASIS. 
(a) IN GENERAL.—Chapter 633 of title 10, United 
States Code, is amended by inserting after section 7305 
the following new section: 
‘‘§ 7305a. Contracts for ship dismantling awarded on 
net cost basis
‘‘(a) AUTHORIZATION.—Notwithstanding any other 
provision of law, the Secretary of the Navy may award 
on a net cost basis contracts for the dismantling of ships 
stricken from the Naval Vessel Register. In exercising au-
thority under this section, the Secretary shall to the max-
imum extent practicable use the competitive procedure or 
combination of competitive procedures that is best suited 
under the circumstances of the procurement. 
‘‘(b) RETENTION
OF PROCEEDS.—When the Sec-
retary of the Navy awards a ship dismantling contract on 
a net cost basis, the contractor may retain the proceeds 
from the sale of scrap and reusable items from the vessel 
being dismantled. 
‘‘(c) DEFINITIONS.—For purposes of this section:
180
‘‘(1) The term ‘scrap’ means personal property 
that has no value except for its basic material con-
tent. 
‘‘(2) The term ‘net cost basis’ means the dif-
ferential between the gross cost of performance of 
the contract less the offeror’s estimate of the value 
under the contract of scrap and reusable items that 
the contractor will remove from the vessel during 
performance of the contract. 
‘‘(3) The term ‘reusable items’ means any de-
militarized components or removable portions of the 
ship or equipment that the Navy has identified as 
excess to its needs but which have potential resale 
value on the open market.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 7305 the following new 
item:
‘‘7305a. Contracts for ship dismantling awarded on net cost basis.’’.
Subtitle C—Counterdrug Activities 
SEC. 
1021. 
USE 
OF 
TWO-YEAR 
EXTENSION 
OF 
COUNTERDRUG 
FUNDS 
FOR 
COUNTERTERRORISM IN COLOMBIA. 
(a) AUTHORITY.—In fiscal years 2005 and 2006, the 
Secretary of Defense may use funds available for drug 
interdiction and counterdrug activities to provide assist-
181
ance to the Government of Colombia to support a unified 
campaign against narcotics trafficking and activities by 
organizations designated as terrorist organizations, such 
as the Revolutionary Armed Forces of Colombia (FARC), 
the National Liberation Army (ELN), and the United 
Self-Defense Forces of Colombia (AUC). This includes au-
thority to take actions to protect human health and wel-
fare in emergency circumstances, including rescue oper-
ations for any United States citizen, to include United 
States armed forces personnel, United States civilian em-
ployees, and civilian contractors employed by the United 
States. 
(b) RELATIONSHIP TO EXISTING AUTHORITY.—The 
authority in this section is in addition to authorities cur-
rently available to provide assistance to Colombia. 
Subtitle D—Other Department of 
Defense Provisions 
SEC. 1031. CONTROL AND SUPERVISION OF TRANSPOR-
TATION WITHIN THE DEPARTMENT OF DE-
FENSE. 
(a) IN GENERAL.—Title 10, United States Code, is 
amended as follows: 
(1) Section 4744 is amended—
(A) by redesignating section 4744 as sec-
tion 2648;
182
(B) in the first sentence, by striking ‘‘the 
Army’’ and inserting ‘‘Defense’’; and 
(C) in the first paragraph, by striking 
‘‘Army transport agencies or, within –bulk 
space allocations made to the Department of 
the Army, on vessels operated by any military 
transport agency of’’. 
(2) Section 4745 is amended—
(A) by redesignating section 4745 as sec-
tion 2649; 
(B) in paragraph (a)—
(i) by striking ‘‘(1) on vessels oper-
ated by Army transport agencies, or (2) 
within bulk space allocations made to the 
Department of the Army’’; and 
(ii) by striking ‘‘any transport agency 
of’’; and 
(C) by striking ‘‘the Army and the Sec-
retary of Transportation’’ and inserting ‘‘De-
fense’’. 
(3) Section 4747 is amended—
(A) by redesignating section 4747 as sec-
tion 2650; 
(B) by striking ‘‘Army transport agencies 
or, within bulk space allocations made to the
183
Department of the Army, on vessels operated 
by any transport agency of’’; and 
(C) by striking ‘‘the Army’’ and inserting 
‘‘Defense’’. 
(4) Section 4741 is repealed. 
(5) Section 4743 is repealed. 
(6) Section 4746 is repealed. 
(7) Section 9741 is repealed. 
(8) Section 9743 is repealed. 
(9) Section 9746 of title 10, United States 
Code, is amended—
(A) by redesignating section 9746 as sec-
tion 2651; 
(B) by inserting ‘‘vessels or’’ after ‘‘trans-
ported on’’;
(C) by striking ‘‘Air Force transport agen-
cies or, within bulk space allocations made by 
the Department of the Air Force, on vessels or 
airplanes operated by any military transport 
agency of’’; 
(D) in paragraph (1), by striking ‘‘the Air 
Force’’ and inserting ‘‘Defense’’; and 
(E) in paragraph (4)—
(i) by striking subparagraph (A); and
184
(ii) by redesignating subparagraph 
(B) as subparagraph (A). 
(b) CLERICAL AMENDMENTS.—
(1)(A) The table of sections at the beginning of 
chapter 447 of such title is amended by striking the 
item relating to section 4744. 
(B) The table of sections at the beginning of 
chapter 157 of such title is amended by adding at 
the end the following new item:
‘‘2647. Persons and supplies: sea transportation.’’.
(2)(A) The table of sections at the beginning of 
chapter 447 of such title is amended by striking the 
item relating to section 4745. 
(B) The table of sections at the beginning of 
chapter 157 of such title is amended by adding at 
the end the following new item:
‘‘2648. Civilian passengers and commercial cargoes: transports in trans-Atlantic 
service.’’.
(3)(A) The table of sections at the beginning of 
chapter 447 of such title is amended by striking the 
item relating to section 4747. 
(B) The table of sections at the beginning of 
chapter 157 of such title is amended by adding at 
the end the following new item:
‘‘2649. Passengers and merchandise to Guam: sea transport.’’.
185
(4) The table of sections at the beginning of 
chapter 447 of such title is amended by striking the 
item relating to section 4741. 
(5) The table of sections at the beginning of 
chapter 447 of such title is amended by striking the 
item relating to section 4743. 
(6) The table of sections at the beginning of 
chapter 447 of such title is amended by striking the 
item relating to section 4746. 
(7) The table of sections at the beginning of 
chapter 947 of such title is amended by striking the 
item relating to section 9741. 
(8)(A) The table of sections at the beginning of 
chapter 447 of such title is amended by striking the 
item pertaining to section 4746; and 
(B) The table of sections at the beginning of 
chapter 157 of such title is amended by adding at 
the end the following new item:
‘‘2651. Civilian personnel in Alaska.’’.–
Subtitle E—Other Matters 
SEC. 1041. REPEAL OF PROHIBITION ON CONTRACTS FOR 
PERFORMANCE OF SECURITY-GUARD FUNC-
TIONS. 
Section 2465 of title 10, United States Code, is 
amended—
186
(1) by striking ‘‘or security-guard’’ in the 
section heading; and 
(2) in subsection (a), by striking ‘‘or security 
guard’’. 
SEC. 1042. ESTABLISHMENT OF AUXILIARIES WITHIN THE 
MILITARY DEPARTMENTS. 
(a) IN GENERAL.—Part IV of subtitle A of title 10, 
United States Code, is amended by inserting after chapter 
172 the following new chapter: 
‘‘CHAPTER 173—AUXILIARIES
‘‘Sec.
‘‘2921. Administration of auxiliaries. 
‘‘2922. Purpose of an auxiliary. 
‘‘2923. Eligibility, enrollments. 
‘‘2924. Members of the auxiliary; status. 
‘‘2925. Disenrollment. 
‘‘2926. Membership in other organizations. 
‘‘2927. Use of member’s equipment and facilities. 
‘‘2928. Availability of appropriations. 
‘‘2929. Assignment and performance of duties. 
‘‘2930. Injury or death in line of duty. 
‘‘2931. Limitation on liability.
‘‘§ 2921. Administration of auxiliaries 
‘‘(a) An auxiliary of a military department is a non-
military organization administered by the Secretary con-
cerned. For command, control, and administrative pur-
poses, the auxiliary shall include such organizational ele-
ments and units as are approved by the Secretary, which 
may include a national board and staff (to be known as 
the ‘auxiliary headquarters unit’), districts, regions, divi-
sions, and other organizational elements and units. The
187
auxiliary organization and its officers shall have such 
rights, privileges, powers, and duties as may be granted 
to them by the Secretary, consistent with this title and 
other applicable provisions of law. The Secretary may des-
ignate the authority and responsibilities of the officers of 
the auxiliary that the Secretary considers necessary or ap-
propriate for the functioning, organization, and internal 
administration of the auxiliary. 
‘‘(b) The national board of an auxiliary, and any aux-
iliary district or region, may form a corporation under 
State law in accordance with policies established by the 
Secretary. 
‘‘§ 2922. Purpose of an auxiliary 
‘‘The purpose of an auxiliary is to assist the military 
department under which it is established, as authorized 
by the Secretary concerned, in performing any non-combat 
function, power, duty, role, mission, or operation author-
ized by law for that military department. 
‘‘§ 2923. Eligibility, enrollments 
‘‘An auxiliary shall be composed of citizens of the 
United States, who by reason of their special training or 
experience are deemed by the Secretary concerned to be 
qualified for duties and functions of the auxiliary, and who 
may be enrolled therein pursuant to regulations estab-
lished by the Secretary.
188
‘‘§ 2924. Members of the auxiliary; status 
‘‘(a) Except as otherwise provided in this chapter, a 
member of an auxiliary shall not be considered a Federal 
employee. 
‘‘(b) A member of an auxiliary, while performing 
duty, shall be considered to be a Federal employee for the 
purposes of the provisions of law relating to—
‘‘(1) ethics, conflicts of interest, corruption, and 
any other criminal or civil statutes and regulations 
governing the conduct of Federal employees; 
‘‘(2) compensation for work injuries under 
chapter 81 of title 5; and 
‘‘(3) resolution of claims relating to damage to 
or loss of personal property of the member incident 
to service under section 3721 of title 31. 
‘‘(c) A member of the auxiliary, while assigned to 
duty, shall be deemed to be a person acting under an offi-
cer of the United States or an agency thereof for purposes 
of section 1442(a)(1) of title 28. 
‘‘(d) A member of the auxiliary, while assigned to 
duty, shall be deemed to be a member of a uniformed serv-
ice for purposes of sections 2928 and 2930 of this title. 
‘‘§ 2925. Disenrollment
‘‘Members of an auxiliary may be disenrolled pursu-
ant to applicable regulations established by the Secretary 
concerned.
189
‘‘§ 2926. Membership in other organizations 
‘‘Members of an auxiliary may be appointed or en-
listed in a Reserve component, pursuant to applicable reg-
ulations. Membership in the auxiliary shall not bar mem-
bership in any other naval or military organization. 
‘‘§ 2927. Use of member’s equipment and facilities 
‘‘At no cost to the government, the Secretary con-
cerned may utilize for any purpose incident to carrying 
out his department’s functions and duties, equipment or 
facilities placed at his department’s disposition for any 
such purpose by any member of the auxiliary while per-
forming duties or missions assigned by the Secretary. 
‘‘§ 2928. Availability of appropriations 
‘‘Appropriations authorized for operation and mainte-
nance of a military department may be used to pay actual 
necessary traveling expenses and subsistence, or commuta-
tion of ration allowance in lieu of subsistence, of members 
of the auxiliary assigned to authorized duties, but shall 
not be available for the payment of compensation for per-
sonal services, incident to such operation, other than to 
personnel of the military department. 
‘‘§ 2929. Assignment and performance of duties 
‘‘No member of an auxiliary, solely by reason of such 
membership, shall be vested with, or exercise, any right, 
privilege, power, or duty vested in or imposed upon the 
personnel of the military department concerned, except
190
that any such member may, under applicable regulations, 
be assigned duties which, after appropriate training and 
examination, he has been found competent to perform, to 
effectuate the purposes of the auxiliary. No member of the 
auxiliary shall be placed in charge of an activity or organi-
zation assigned to the military department unless he has 
been designated specifically by authority of the Secretary 
concerned to perform such duty. Members of the auxiliary, 
when assigned to duties as herein authorized, shall, unless 
otherwise limited by the Secretary concerned, be vested 
with the same power and authority in the execution of 
such duties as members of the regular or Reserve compo-
nents of that military department assigned to similar duty. 
When any member of the auxiliary is assigned to such 
duty, he may, pursuant to regulations issued by the Sec-
retary, be paid actual necessary traveling expenses, includ-
ing a per diem allowance in conformity with standardized 
Government travel regulations in lieu of subsistence, while 
traveling and while on duty away from his home. No per 
diem shall be paid for any period during which quarters 
and subsistence in kind are furnished by the Government. 
No member of an auxiliary, while performing auxiliary 
duty, shall exercise command.
191
‘‘§ 2930. Injury or death in line of duty 
‘‘(a) If a member of an auxiliary is physically injured, 
or dies as a result of physical injury, and the injury is 
incurred while performing any duty to which he has been 
assigned pursuant to this chapter, the law authorizing 
compensation for employees of the United States suffering 
injuries while in the performance of their duties, applies, 
subject to this section. That law shall be administered by 
the Secretary of Labor to the same extent as if the mem-
ber was a civil employee of the United States and was 
injured in the performance of that duty. For benefit com-
putation, regardless of pay or pay status, the member is 
considered to have had monthly pay of the monthly equiva-
lent of the minimum rate of basic pay in effect for grade 
GS–9 of the General Schedule on the date the injury is 
incurred. 
‘‘(b) This section does not apply if a worker’s com-
pensation law provides coverage because of a concurrent 
employment status of the member. When the member or 
a dependent is entitled to a benefit under this section and 
also to a concurrent benefit from the United States on 
account of the same disability or death, the member or 
dependent, as appropriate, shall elect which benefit to re-
ceive. 
‘‘(c) If a claim is filed under this section with the 
Secretary of Labor for benefits because of an alleged in-
192
jury or death, the Secretary of Labor shall notify the Sec-
retary concerned who shall direct an investigation into the 
facts surrounding the alleged injury or death. The Sec-
retary then shall certify to the Secretary of Labor whether 
or not the injured or deceased person was a member of 
an auxiliary, the person’s military status, and whether or 
not the injury or death was incurred incident to military 
service. 
‘‘(d) A member of an auxiliary who incurs a physical 
disability or contracts sickness or disease while performing 
a duty to which the member has been assigned pursuant 
to this chapter is entitled to the same hospital treatment 
afforded a member of the Reserves of the armed forces 
while serving on active duty. 
‘‘(e) In administering section 8133 of title 5, for a 
person covered by this section—
‘‘(1) the percentages applicable to payments 
under that section are—
‘‘(A) 45 percent under subsection (a)(2) of 
that section, where the member died fully or 
currently insured under title II of the Social Se-
curity Act (42 U.S.C. 401 et seq.), with no ad-
ditional payments for a child or children so long 
as the widow or widower remains eligible for 
payments under that subsection;
193
‘‘(B) 20 percent under subsection (a)(3) of 
that section, for one child, and 10 percent addi-
tional for each additional child, not to exceed a 
total of 75 percent, where the member died 
fully or currently insured under title II of the 
Social Security Act; and 
‘‘(C) 25 percent under subsection (a)(4) of 
that section, if one parent was wholly dependent 
for support upon the deceased member at the 
time of the member’s death and the other was 
not dependent to any extent; 16 percent to each 
if both were wholly dependent; and if one was, 
or both were, partly dependent, a proportionate 
amount in the discretion of the Secretary of 
Labor; 
‘‘(2) payments may not be made under sub-
section (a)(5) of that section; and 
‘‘(3) the Secretary of Labor shall inform the 
Commissioner of Social Security whenever a claim is 
filed and eligibility for compensation is established 
under section 8133(a)(2) and (3) of title 5. The 
Commissioner of Social Security then shall certify to 
the Secretary of Labor whether or not the member 
concerned was fully or currently insured under title
194
II of the Social Security Act at the time of the mem-
ber’s death. 
‘‘§ 2931. Limitation on liability 
‘‘A member of an auxiliary, while assigned to duty, 
shall be deemed a volunteer of a nonprofit organization 
or governmental entity for purposes of chapter 139 of title 
42 (popularly known as the ‘Volunteer Protection Act’). 
Subsection (d) of section 4 of such Act (42 U.S.C. 
14503(d)) shall not apply for purposes of any claim 
against a member of an auxiliary.’’. 
(b) CLERICAL AMENDMENT.—The tables of chapters 
at the beginning of such subtitle and the beginning of part 
I of such subtitle are amended by inserting after the item 
relating to chapter 172 the following new item:
‘‘173. Auxiliaries ................................................................................. 2921’’.
SEC. 1043. NATIONAL DEFENSE HERITAGE FOUNDATION. 
(a) IN GENERAL.—Part IV of subtitle A of title 10, 
United States Code is amended by adding at the end the 
following new chapter: 
‘‘CHAPTER 173—NATIONAL DEFENSE HERITAGE 
FOUNDATION
‘‘Sec.
‘‘2905. Establishment and purpose. 
‘‘2906. Composition and operation. 
‘‘2907. Corporate powers and obligations. 
‘‘2908. Liability of United States. 
‘‘2909. Promotion of local fundraising support. 
‘‘2910. Authorization of appropriations.
195
‘‘§ 2905. Establishment and purpose 
‘‘(a) ESTABLISHMENT.—A National Defense Herit-
age Foundation is hereby established as a charitable and 
nonprofit corporation for the purposes specified in sub-
section (b), and shall be organized and operated as a char-
itable foundation under title 76, section 501(c)(3), United 
States Code. 
‘‘(b) PURPOSES.—The Foundation shall encourage, 
accept, and administer private gifts of money and real and 
personal property or any income therefrom for the benefit 
of, or in connection with, the preservation, protection, and 
continued beneficial use of historic properties owned or 
controlled by the Department of Defense. 
‘‘§ 2906. Composition and operation––––
‘‘(a) BOARD OF DIRECTORS.—The National Defense 
Heritage Foundation shall be governed by a Board of Di-
rectors that shall consist of—
‘‘(1) the Secretary of Defense, ex officio; 
‘‘(2) the Secretaries of the Military Depart-
ments, ex officio; 
‘‘(3) the Director of the National Park Service, 
ex officio; 
‘‘(4) five experts in the field of historic preser-
vation appointed by the Secretary of Defense from 
the disciplines of architecture, history, archeology, or 
other appropriate disciplines;
196
‘‘(5) three at-large members from the general 
public appointed by the Secretary of Defense; and 
‘‘(6) the Chairman of the Advisory Council on 
Historic Preservation, ex officio. 
‘‘(b) TERM OF APPOINTMENT.—The initial terms of 
the five historic preservation experts and the three at-large 
members shall be staggered to assure continuity of admin-
istration. Thereafter, the term shall be six years, unless 
a successor is chosen to fill a vacancy occurring prior to 
the expiration of the term for which his predecessor was 
chosen, in which event the successor shall be chosen only 
for the remainder of that term. 
‘‘(c) CHAIRPERSON AND SECRETARY.—The Secretary 
of Defense shall be the Chairman of the Board and the 
Director of the National Park Service shall be the Sec-
retary of the Board. 
‘‘(d) MEMBERSHIP AND OPERATION.—Except as to 
those Board members serving in their official capacities, 
service as a member of the Board shall not constitute em-
ployment by, or the holding of, an office of the United 
States for the purposes of any Federal law. A majority 
of the members of the Board serving at any one time shall 
constitute a quorum for the transaction of business, and 
the Foundation shall have an official seal, which shall be 
judicially noticed. The Board shall meet at the call of the
197
Chairman and there shall be at least one meeting each 
year. 
‘‘(e) COMPENSATION AND TRAVEL EXPENSES.—No 
compensation shall be paid to the members of the Board 
for their services as members, but they shall be reimbursed 
for actual and necessary traveling and subsistence ex-
penses incurred by them in the performance of their duties 
as such members out of National Defense Heritage Foun-
dation funds available to the Board for such purposes.
‘‘(f) VOLUNTEER STATUS.—The Secretary of De-
fense may accept, without regard to civil service classifica-
tion laws, rules, or regulations, the services of the Founda-
tion, the Board, and the officers and employees of the 
Board, without compensation from the Department of De-
fense, as volunteers in the performance of the functions 
authorized herein. 
‘‘(g) EMPLOYEES.—An officer or employee of the 
Foundation—
‘‘(1) shall not by virtue of the appointment or 
employment of the office or employee, be considered 
a Federal employee for any purpose; and 
‘‘(2) may not be paid by the Foundation a sal-
ary in excess of $134,000 per year.
198
‘‘§ 2907. Corporate powers and obligations 
‘‘(a) GIFTS.—(1) The Foundation is authorized to ac-
cept, receive, solicit, hold, administer, and use any gifts, 
devises, or bequests, either absolutely or in trust, of real 
or personal property or any income therefrom or other in-
terest therein for the benefit of or in connection with, the 
preservation, protection, and continued beneficial use of 
historic properties owned or controlled by the Department 
of Defense; provided, that the Foundation may not accept 
any such gift, devise, or bequest that entails any expendi-
ture other than from the resources of the Foundation. 
‘‘(2) An interest in real property includes, among 
other things, easements or other rights for preservation, 
conservation, protection, or enhancement of historic prop-
erties. 
‘‘(3) A gift, device, or bequest may be accepted by 
the Foundation even though it is encumbered, restricted, 
or subject to beneficial interests of private persons if any 
current or future interest therein supports the purposes 
for which the Foundation has been established. 
‘‘(b) PROPERTY AND INCOME DEALINGS AND TRANS-
ACTIONS.—(1) Except as otherwise required by the instru-
ment of transfer, the Foundation may sell, lease, invest, 
reinvest, retain, or otherwise dispose of or deal with any 
property or income thereof as the Board may from time 
to time determine.
199
‘‘(2) The Foundation shall not engage in any busi-
ness, nor shall the Foundation make any investment that 
may not lawfully be made by a trust company in the Dis-
trict of Columbia, except that the Foundation may make 
any investment authorized by the instrument of transfer, 
and may retain any property accepted by the Foundation. 
‘‘(3) The Foundation may utilize the services and fa-
cilities of the Department of Defense, the Department of 
the Interior, and the Department of Justice, and such 
services and facilities may be made available on request 
to the extent practicable with or without reimbursement 
therefore. Monies reimbursed to any Department shall be 
returned by the Department to the account from which 
the funds for which the reimbursement is made were 
drawn and may, without further appropriation, be ex-
pended for any purpose for which such account is author-
ized. 
‘‘(c) CORPORATE SUCCESSION; POWERS AND DUTIES 
OF TRUSTEE; SUITS; PERSONAL LIABILITY FOR MALFEA-
SANCE.—The Foundation shall have perpetual succession, 
with all the usual powers and obligations of a corporation 
acting as a trustee, including the power to sue and to be 
sued in its own name, but the members of the Board shall 
not be personally liable, except for malfeasance.
200
‘‘(d) AUTHORITY FOR EXECUTION OF CONTRACTS, 
INSTRUMENTS, 
AND
NECESSARY
OR
APPROPRIATE 
ACTS.—The Foundation shall have the power to enter into 
contracts, to execute instruments, and generally to do any 
and all lawful acts necessary or appropriate to its pur-
poses. 
‘‘(e) BYLAWS, RULES, AND REGULATIONS; CON-
TRACTS FOR SERVICES.—In carrying out the provisions 
of this subchapter, the Board may adopt bylaws, rules, 
and regulations necessary for the administration of its 
functions and contract for any necessary services. 
‘‘§ 2908. Liability of United States 
‘‘The United States shall not be liable for any debts, 
defaults, acts, or omissions of the Foundation. 
‘‘§ 2909. Promotion of local fundraising support 
‘‘(a) ESTABLISHMENT.—The Foundation shall design 
and implement a comprehensive program to assist and 
promote philanthropic programs of support at the indi-
vidual military installation level. 
‘‘(b) IMPLEMENTATION.—The program under sub-
section (a) shall be implemented to—
‘‘(1) assist in the creation of local nonprofit 
support organizations; and
201
‘‘(2) provide support, national consistency, and 
management-improving suggestions for local non-
profit support organizations. 
‘‘(c) PROGRAM.—The program under subsection (a) 
shall include the greatest number of military installations 
as is practicable. 
‘‘(d) REQUIREMENTS.—The program under sub-
section (a) shall include, at a minimum—
‘‘(1) a standard adaptable organizational design 
format to establish and sustain responsible manage-
ment of a local nonprofit support organization for 
support of a military installation; 
‘‘(2) standard and legally tenable bylaws and 
recommended money-handling procedures that can 
easily be adapted as applied to individual military in-
stallations; and 
‘‘(3) a standard training curriculum to orient 
and expand the operating expertise of personnel em-
ployed by local nonprofit support organizations. 
‘‘(e) ANNUAL REPORT.—The Foundation shall report 
the progress of the program under subsection (a) in the 
annual report of the Foundation. 
‘‘(f) AFFILIATIONS.—(1) Nothing in this section re-
quires:
202
‘‘(A) a nonprofit support organization or 
friends group to modify current practices or to affil-
iate with the Foundation; or 
‘‘(B) a local nonprofit support organization, es-
tablished as a result of this section, to be bound 
through its charter or corporate bylaws to be perma-
nently affiliated with the Foundation. 
‘‘(2) An affiliation with the Foundation shall be es-
tablished only at the discretion of the governing board of 
a nonprofit organization. 
‘‘§ 2910. Authorization of appropriations 
‘‘(a) AUTHORIZATION.—There are authorized to be 
appropriated to the Department of Defense such sums as 
may be necessary to achieve the purposes of the Founda-
tion. 
‘‘(b) USE OF AMOUNTS APPROPRIATED.—(1) Subject 
to paragraph (2), amounts appropriated under this section 
shall be made available to the Foundation for use for 
matching, in whole or in part, contributions (whether in 
currency, services, or property) made to the Foundation 
by private persons and State and local government agen-
cies. 
‘‘(2) No Federal funds authorized under this section 
shall be used by the –foundation for administrative ex-
203
penses of the Foundation, including salaries, travel and 
–transportation expenses, and other overhead expenses. 
‘‘(c) ADDITIONAL AUTHORIZATION.—The amounts 
authorized to be appropriated under this section are in 
addition to any amounts provided or available to the 
Foundation under any other Federal law.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
of part IV of subtitle A of such title is amended by adding 
at the end the following new item:
‘‘173. National Defense Heritage Foundation ......................................... 2905’’.
SEC. 1044. CONFORMING AMENDMENTS TO GENERAL DEFI-
NITIONS. 
(a) IN GENERAL.—Section 101(e)(3) of title 10, 
United States Code, is amended by striking ‘‘Secretary of 
Defense’’ and inserting ‘‘Secretary concerned’’. 
(b) CONFORMING AMENDMENTS TO DEFINITION OF 
CONGRESSIONAL DEFENSE COMMITTEES.—Title 10 is 
further amended as follows: 
(1) 
Sections 
2676(d), 
2694a(e), 
2803(b), 
2804(b), 2805(b)(2), 2806(c)(2), 2807(b), 2807(c), 
2808(b), 
2809(f)(1), 
2811(d), 
2812(c)(1)(A), 
2813(c), 2814(a)(2)(A), 2814(g)(1), 2825(b)(1), 
2827(b), 2828(f), 2835(g), 2836(f), 2837(c)(2), 
2853(c)(2), 
2854(b), 
2854a(c)(1), 
2865(e)(2), 
2866(c)(2), 
2875(e), 
2881a(d)(2), 
2881a(e), 
2883(f), and 2884(a), are amended by striking ‘‘ap-
204
propriate committees of Congress’’ in each place it 
appears and inserting ‘‘congressional defense com-
mittees’’. 
(2)(A) Subsection (c) of section 2801 is amend-
ed by striking paragraph (4) and inserting the fol-
lowing new paragraph (4): 
‘‘(4) The term ‘congressional defense commit-
tees’ includes, with respect to any project to be car-
ried out by, or for the use of, an intelligence compo-
nent of the Department of Defense, the Permanent 
Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intel-
ligence of the Senate.’’; 
(B) Section 2694a is amended by striking sub-
section (i) and inserting the following new subsection 
(i): 
‘‘(i) DEFINITION OF STATE.—The term ‘State’ in-
cludes the District of Columbia, the Commonwealth of 
Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, and the Territories.’’. 
(c) CONFORMING AMENDMENTS TO DEFINITION OF 
BASE CLOSURE LAWS.—(1) Section 2871 of such title is 
amended by redesignating paragraphs (3) through (8) as 
paragraphs (2) through (7), respectively.
205
(2) Section 3341(c) of title 5, United States Code, 
is amended by striking paragraph (1) and inserting the 
following new paragraph (1): 
‘‘(1) the term ‘base closure law’ has the meaning 
given such term in section 101(a)(17) of title 10.’’. 
(3) Title 40, United States Code, is amended—
(A) in section 554(a), by striking paragraph (1) 
and inserting the following new paragraph (1): 
‘‘(1) BASE CLOSURE LAW.—The term ‘base closure 
law’ has the meaning given such term in section 
101(a)(17) of title 10.’’; and 
(B) in section 572(b), by striking subparagraph 
(B) of paragraph (1) and inserting the following new 
subparagraph (B): 
‘‘(B) BASE CLOSURE LAW.—The term ‘base closure 
law’ has the meaning given such term in section 
101(a)(17) of title 10.’’. 
(4) Section 120(h)(4)(E) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of 
1980 (Public Law 96–510; 42 U.S.C. § 9620(h)) is 
amended by striking clause (ii) and inserting the following 
new clause (ii): 
‘‘(ii) For purposes of this paragraph, the term ‘base 
closure law’ has the meaning given such term in 10 U.S.C. 
§ 101(a)(17).’’.
206
(5) Section 1333(i) of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–160; 
107 Stat. 1800), is amended by striking paragraph (1) 
and inserting the following new paragraph (1): 
‘‘(1) The term ‘base closure law’ has the meaning 
given such term in 10 U.S.C. § 101(a)(17).’’. 
(6) Section 2814 of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (Public Law 103–337, 108 
Stat. 3056), is amended by striking subsection (b) and 
inserting the following new subsection (b): 
‘‘(b) BASE CLOSURE LAW DEFINED.—The term 
‘base closure law’ has the meaning given such term in 10 
U.S.C. § 101(a)(17).’’. 
(7) Section 1(c) of An Act to Amend the Organic Act 
of Guam, and for other purposes (Public Law 106–504; 
114 Stat. 2309), is amended by striking paragraph (2) 
and inserting the following new paragraph (2): 
‘‘(2) The term ‘base closure law’ has the meaning 
given such term in 10 U.S.C. § 101(a)(17).’’. 
SEC. 1045. USE OF DEPARTMENT OF DEFENSE FITNESS FA-
CILITIES BY CONTRACT WORKERS. 
(a) IN GENERAL.—The Secretary of Defense may au-
thorize employees of Department of Defense contractors 
to use Department of Defense-owned, Department of De-
fense-operated fitness facilities if the Secretary determines
207
that such use is in the best interest of the Department 
of Defense and causes no more than a de minimis increase 
in the cost of operation of such facilities. Active duty and 
Government civilian personnel will be granted top priority 
status for use of such facilities where availability is lim-
ited. 
(b) LIABILITY WAIVER.—In order to use such facili-
ties, the contractor and the employee must agree to waive 
any claims of liability against the Government, and to its 
officers, employees, and agents arising from such use. 
TITLE XI—DEPARTMENT OF 
DEFENSE CIVILIAN PERSONNEL 
SEC. 1101. PRIORITY PLACEMENT OF DISPLACED CIVILIAN 
EMPLOYEES. 
(a) IN GENERAL.—Chapter 81 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1599e. Defense priority placement program 
‘‘(a) PRIORITY PLACEMENT.—The Secretary of De-
fense, at his sole and exclusive discretion and notwith-
standing the provisions of title 5, may establish one or 
more programs to promote stability of employment for De-
partment of Defense civilian employees affected by chang-
ing mission requirements, streamlining efforts, overseas 
rotations (including rotations undertaken pursuant to sec-
208
tion 1586 of this title), preferences established by law, and 
other such actions as the Secretary shall determine, by 
providing such employees priority consideration, as de-
fined by the Secretary, for placement in other positions 
within the Department of Defense. 
‘‘(b) CONSTRUCTION.—The content of any program 
developed under subsection (a), and any personnel action 
undertaken pursuant to such program, shall not be review-
able outside the Department of Defense except to the ex-
tent that may be required by the United States Constitu-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
at the end the following new item:
‘‘1599e. Defense priority placement program.’’.
SEC. 1102. EMPLOYMENT PREFERENCE FOR SPOUSES OF 
CIVILIAN EMPLOYEES. 
Section 1784 of title 10, United States Code, is 
amended by adding at the end the following new sub-
sections:
‘‘(h) INCLUSION OF SPOUSES OF CERTAIN DOD CI-
VILIAN EMPLOYEES.—For the purposes of this section, 
the spouse of a civilian employee of the Department of 
Defense who has been reassigned and relocated pursuant 
to a mandatory mobility agreement executed as a condi-
tion of employment, or other mandatory mobility program
209
shall be considered the spouse of a member of the armed 
forces. 
‘‘(i) LIMITING OPERATION OF THE HIRING PREF-
ERENCE.—The hiring preference in this section shall 
apply to any Department of Defense civilian position other 
than positions that fall under chief of mission authority 
as set forth in section 3927 of title 22.’’. 
SEC. 1103. PAY PARITY FOR CIVILIAN INTELLIGENCE PER-
SONNEL. 
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 responsibil-
ities’’ and inserting ‘‘in relation to the rates of pay 
provided for other comparable Department of De-
fense Senior Executive, Senior Level, and other posi-
tions’’; and 
(2) by striking subsection (b) and substituting 
the following new subsection (b): 
‘‘(b) The Defense Intelligence Senior Executive Serv-
ice shall be subject to a performance appraisal system 
which, as designed and applied, is certified by the Sec-
retary of Defense as making meaningful distinctions based
210
on relative performance and may be the same performance 
appraisal system established and implemented within the 
Department for members of the Senior Executive Serv-
ice.’’. 
SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN DOD 
NONAPPROPRIATED FUND INSTRUMENTAL-
ITIES. 
(a) IN GENERAL.—Chapter 81 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1599e. Senior executive compensation for non-
appropriated fund instrumentalities 
‘‘Notwithstanding any provisions of title 5, the Sec-
retary of Defense may regulate the amount of total com-
pensation, including the rate of basic pay, of senior execu-
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 1589 the following new 
item:
‘‘1599e. Senior Executive Compensation for Nonappropriated Fund Instrumen-
talities.’’.
211
SEC. 1105. PROHIBIT UNAUTHORIZED WEARING, MANUFAC-
TURE, OR SALE OF CIVILIAN MEDALS OR 
DECORATIONS. 
(a) IN GENERAL.—Chapter 57 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing 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, no person may knowingly 
use, in connection with any merchandise, retail product, 
impersonation, solicitation, or commercial activity in a 
manner reasonably calculated to convey the impression 
that such use is approved, endorsed, or authorized by the 
Secretary, medals, decorations, or other insignia intended 
for recognition of Department of Defense civilian employ-
ees and other individuals who render service to the De-
partment 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
212
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.’’.
TITLE XII—MATTERS RELATING 
TO OTHER NATIONS 
Subtitle A—Matters Related to 
Arms Control and Monitoring 
SEC. 1201. HUMANITARIAN ASSISTANCE WITH RESPECT TO 
THE DETECTION AND CLEARANCE OF LAND-
MINES AND EXPLOSIVE REMNANTS OF WAR. 
Chapter 20 of title 10, United States Code, is amend-
ed—
(1) in section 401—
(A) in subsection (a), by striking para-
graph (4); 
(B) in subsection (c)—
(i) by striking paragraphs (2) and (3); 
and
213
(ii) by redesignating paragraph (4) as 
paragraph (2); and 
(C) in subsection (e), by striking para-
graph (5);
(2) by adding the following new section at the 
end of such chapter: 
‘‘§ 406. Humanitarian assistance with respect to the 
detection and clearance of landmines and 
explosive remnants of war 
‘‘(a)(1) Under regulations prescribed by the Sec-
retary of Defense, United States armed forces may provide 
humanitarian assistance with the detection and clearance 
of landmines or explosive remnants of war in a foreign 
country, including activities relating to the furnishing of 
education, training, and technical assistance, if these ac-
tivities will promote: 
‘‘(A) the security interests of both the United 
States and the country in which the activities are to 
be carried out; and 
‘‘(B) the specific operational readiness skills of 
the members of the armed forces who participate in 
the activities. 
‘‘(2) The Secretary of Defense shall ensure that no 
member of the armed forces, while providing assistance 
under this section:
214
‘‘(A) engages in the physical detection, lifting 
or destroying of landmines or explosive remnants of 
war (unless the member does so for the concurrent 
purpose of supporting a United States military oper-
ation); or 
‘‘(B) provides such assistance as part of a mili-
tary operation that does not involve the armed 
forces. 
‘‘(b)(1) To the extent provided in defense authoriza-
tion Acts, funds authorized to be appropriated to the De-
partment of Defense for a fiscal year for humanitarian 
assistance shall be used for the purpose of providing as-
sistance under this section. 
‘‘(2) Expenses covered include the following expenses 
incurred: 
‘‘(A) Travel, transportation, and subsistence ex-
penses of Department of Defense personnel pro-
viding such assistance. 
‘‘(B) The cost of any equipment, services, or 
supplies acquired for the purpose of carrying out or 
supporting activities under this section, including 
any nonlethal, individual or small-team landmine or 
explosive remnant of war clearing equipment or sup-
plies that are to be transferred or otherwise fur-
215
nished to a foreign country in furtherance of the 
provision of assistance under this section. 
‘‘(C) The cost of equipment, services and sup-
plies provided in any fiscal year to a foreign country 
under paragraph (2)(B) may not exceed $5,000,000. 
‘‘(c) Humanitarian assistance with respect to the de-
tection and clearance of landmines and remnants of war 
may not be provided under this section to any foreign 
country unless the Secretary of State specifically approves 
the provision of such assistance.’’; and 
(3) in the table of sections at the beginning of 
such chapter by adding at the end the following new 
item:
‘‘406. Humanitarian assistance with respect to the detection and clearance of 
landmines and explosive remnants of war.’’.
Subtitle B—Matters Related to Al-
lies and Friendly Foreign Na-
tions 
SEC. 1211. IMPROVING AIRSPACE CONTROL AND MANAGE-
MENT IN THE CAUCASUS AND CENTRAL ASIA. 
Notwithstanding any other provision of the law, of 
the funds available to the Department of Defense, subject 
to the concurrence of the Secretary of State, not more 
than $150,000,000 in fiscal year 2005 may be made avail-
able for improving airspace control and management in 
key countries in the Caucasus and Central Asia (Georgia,
216
Azerbaijan, 
Armenia, 
Turkmenistan, 
Uzbekistan, 
Kazakhstan, Kyrgyzstan, Tajikistan, and Afghanistan), 
thereby permitting a permissive and controlled air corridor 
from Europe through the Caucasus to Central Asia and 
Afghanistan. 
SEC. 1212. GEORGE C. MARSHALL EUROPEAN CENTER FOR 
SECURITY STUDIES. 
Section 1306(b)(1) of the National Defense Author-
ization Act for Fiscal Year 1995, (Public Law 103–337; 
108 Stat. 2892), as amended by section 1223 of the Na-
tional Defense Authorization Act for Fiscal Year 2004 
(Public Law 108–136; 117 Stat. 1392), is amended by 
striking ‘‘military officers and civilian officials from states 
located in Europe or the territory of the former Soviet 
Union’’ and inserting ‘‘foreign participants’’. 
Subtitle C—Other Matters 
SEC. 1221. REPEAL OF THE ANNUAL REPORTING REQUIRE-
MENT CONCERNING THE ACTIVITIES OF CHI-
NESE MILITARY COMPANIES OPERATING IN 
THE UNITED STATES. 
Section 1233 of the National Defense Authorization 
Act Fiscal Year 2001 (Public Law 106–398; 114 Stat. 
1645A–330), is repealed.
217
SEC. 1222. REPEAL OF REPORTING REQUIREMENT CON-
CERNING 
SPECIAL 
OPERATIONS 
FORCES 
TRAINING WITH FRIENDLY FOREIGN FORCES. 
Section 2011 of title 10, United States Code, is 
amended by striking subsection (e). 
SEC. 1223. FOREIGN MILITARY AIDS ADVOCACY, AWARE-
NESS AND PREVENTION ACTIVITIES. 
Section 2561(a) of title 10, United States Code, is 
amended by inserting ‘‘, to conduct HIV/AIDS advocacy, 
awareness, and prevention activities with foreign militaries 
and international peacekeepers,’’ after ‘‘transportation of 
humanitarian relief’’. 
SEC. 1224. REPEAL OF THE AUTHORIZATION FOR THE ES-
TABLISHMENT OF THE CENTER FOR THE 
STUDY OF CHINESE MILITARY AFFAIRS. 
Section 914 of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 
721), is repealed. 
SEC. 1225. USE OF DONATED PROPERTY FOR HUMANI-
TARIAN ASSISTANCE PURPOSES. 
Section 2608 of title 10, United States Code, is 
amended—
(1) by redesignating subsections (e) through (k) 
as subsections (f) through (l), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing new subsection (e):
218
‘‘(e) USE OF PROPERTY FOR HUMANITARIAN ASSIST-
ANCE PURPOSES.—Notwithstanding any other provision 
of law, any contribution of property received under this 
section may be donated by the Department of Defense to 
developing countries during an exercise, operation or simi-
lar activity. The Department of Defense may use its trans-
portation assets and funds to receive, process, manage, 
store, care for, transport and distribute this property, in-
cluding from the location the contribution is received to 
its eventual destination for donation.’’. 
SEC. 1226. ASSIGNMENT OF FOREIGN NAVY PERSONNEL TO 
SUBMARINE SAFETY RESEARCH AND DEVEL-
OPMENT PROGRAMS. 
Section 168 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(h) AUTHORITY
FOR ASSIGNMENT
OF FOREIGN 
NAVY OFFICERS
AND ENLISTED MEMBERS
TO SUB-
MARINE SAFETY RESEARCH AND DEVELOPMENT PRO-
GRAMS.—(1) In order to facilitate the development, stand-
ardization, and interoperability of submarine vessel safety 
and rescue systems and procedures, the Secretary of the 
Navy may conduct a program under which members of 
foreign navies are assigned to United States commands 
to work on such systems and procedures.
219
‘‘(2) The program authorized by this subsection is 
not an exchange program. Reciprocal assignments of 
members of the Navy to foreign navies are not required 
under this program. 
‘‘(3)(A) Each government sending members to the 
United States under the program authorized by this sec-
tion shall pay the salary, per diem, cost of living, travel 
costs, cost of language or other training, and other costs 
for its own personnel in accordance with the laws and reg-
ulations of such government. 
‘‘(B) Subparagraph (A) does not apply to the fol-
lowing costs: 
‘‘(i) The cost of temporary duty directed by the 
United States Navy. 
‘‘(ii) The cost of training programs conducted 
to familiarize, orient, or certify members of foreign 
naval personnel regarding unique aspects of their as-
signments. 
‘‘(iii) Costs incident to the use of the facilities 
of the United States Navy in the performance of as-
signed duties. 
‘‘(4) The requirements of this subsection 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-
220
retary of State, to provide for the assignment of members 
of the navy of the foreign country to a United States Navy 
submarine safety program. The Secretary of the Navy 
may prescribe regulations for the application of this sub-
section in the exercise of such authority.’’.
TITLE XIII—HOMELAND 
SECURITY 
SEC. 1301. REPEAL OF FUNDING RESTRICTIONS CON-
CERNING DEVELOPMENT OF MEDICAL COUN-
TERMEASURES AGAINST BIOLOGICAL WAR-
FARE THREATS. 
Section 2370a of title 10, United States Code, is re-
pealed. 
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS 
SEC. 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
221
may acquire real property and carry out military construc-
tion projects for the installations or locations inside the 
United States, and in the amounts, set forth in the fol-
lowing table:
Army: Inside the United States 
State 
Installation or location 
Amount 
Alabama ......................
Anniston Army Depot ..................
23,690,000
Alaska ..........................
Fort Richardson ...........................
24,300,000
Fort Wainwright ..........................
92,459,000
California .....................
Fort Irwin ....................................
38,100,000
Colorado ......................
Fort Carson .................................
47,108,000
Georgia ........................
Fort Benning ...............................
71,777,000
Fort Gillem ..................................
5,800,000
Fort McPherson ...........................
4,900,000
Fort Stewart/Hunter Army Air 
Field.
65,495,000
Hawaii .........................
Helemano Military Reservation ...
75,300,000
Hickam Air Force ........................
11,200,000
Pohakuloa Training Area ............
30,000,000
Schofield Barracks .......................
187,792,000
Wheeler Army Air Field ..............
24,000,000
Kansas .........................
Fort Riley .....................................
44,050,000
Kentucky .....................
Fort Campbell ..............................
89,600,000
Fort Knox ....................................
72,000,000
Louisiana .....................
Fort Polk .....................................
70,953,000
Missouri .......................
Fort Leonard Wood .....................
17,750,000
New Mexico .................
White Sands Missile Range .........
33,000,000
New York ....................
Fort Drum ...................................
4,950,000
Fort Hamilton ..............................
7,600,000
Military Entrance Processing Sta-
tion, Buffalo.
6,200,000
United States Military Academy, 
West Point.
60,000,000
North Carolina ............
Fort Bragg ...................................
101,687,000
Oklahoma ....................
Fort Sill .......................................
14,400,000
Texas ...........................
Fort Bliss .....................................
16,500,000
Fort Hood ....................................
78,088,000
Virginia ........................
Fort A.P. Hill ..............................
3,975,000
Fort Myer ....................................
49,526,000
Washington ..................
Fort Lewis ...................................
48,000,000
Total .....................................
1,420,200,000
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
222
tions in section 2104(a)(2), the Secretary of the Army 
may acquire real property and carry out military construc-
tion projects for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table:
Army: Outside the United States 
Country 
Installation or location 
Amount 
Germany ......................
Grafenwoehr .................................
77,200,000
Italy .............................
Livorno .........................................
26,000,000
Korea ...........................
Camp Humphreys ........................
12,000,000
Total .....................................
115,200,000
SEC. 2102. FAMILY HOUSING. 
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using 
amounts appropriated pursuant to the authorization of ap-
propriations in section 2104(a)(5)(A), the Secretary of the 
Army may construct or acquire family housing units (in-
cluding land acquisition and supporting facilities) at the 
installations or locations, for the purposes and in the 
amounts, set forth in the following table:
Army: Family Housing 
State 
Installation or
location 
Purpose 
Amount 
Alaska .........
Fort Richardson ..............
92 Units .........
42,000,000
Fort Wainwright .............
246 Units .......
124,000,000
Arizona ........
Fort Huachuca ................
205 Units .......
41,000,000
Yuma Proving Ground ....
55 Units .........
14,900,000
Kansas ........
Fort Riley ........................
126 Units .......
33,000,000
New Mexico
White Sands Missile 
Range.
156 Units .......
31,000,000
Oklahoma ....
Fort Sill ..........................
247 Units .......
47,000,000
Virginia .......
Fort Lee ..........................
218 Units .......
46,000,000
Fort Monroe ....................
68 Units .........
16,000,000
223
Army: Family Housing—Continued
State 
Installation or
location 
Purpose 
Amount 
Total ........................
.........................
394,900,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in 
section 2104(a)(4)(A), the Secretary of the Army may 
carry out architectural and engineering services and con-
struction design activities with respect to the construction 
or improvement of family housing units in an amount not 
to exceed $29,209,000. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States 
Code, and using amounts appropriated pursuant to the 
authorization of appropriations in section 2104(a)(5)(A), 
the Secretary of the Army may improve existing military 
family housing units in an amount not to exceed 
$211,990,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for mili-
tary construction, land acquisition and military family 
housing functions of the Department of the Army in the 
total amount of $3,336,291,000 as follows:
224
(1) For military construction projects inside the 
United States authorized by section 2101(a), 
$1,250,700,000.
(2) For military construction projects outside 
the United States authorized by section 2101(b), 
$115,200,000. 
(3) For unspecified minor military construction 
projects authorized by section 2805 of title 10, 
United States Code, $20,000,000. 
(4) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $151,335,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, plan-
ning and design, and improvement of military 
family housing and facilities, $636,099,000. 
(B) For support of military family housing 
(including the functions described in section 
2833 of title 10, United States Code), 
$928,907,000. 
(6) For the construction of phase 2 of a bar-
racks complex, 5th & 16th Street, at Ft. Stewart/
Hunter Army Air Field, Georgia, authorized by sec-
tion 2101(a) of the Military Construction Authoriza-
225
tion Act for Fiscal Year 2004 (division B of Public 
Law 108–136; 117 Stat. 1697), $32,950,000. 
(7) For the construction of phase 3 of a bar-
racks complex renewal, Capron Road, at Schofield 
Barracks, Hawaii, authorized by section 2101(a) of 
the Military Construction Authorization Act for Fis-
cal Year 2002 (division B of Public Law 107–107; 
115 Stat. 1283) and as amended by section 2105 of 
the Military Authorization Act for Fiscal Year 2004 
(division B of Public Law 108–136; 117 Stat. 
1697), $48,000,000. 
(8) For the construction of phase 2 of the 
Lewis & Clark instructional facility at Fort Leaven-
worth, Kansas, authorized by section 2101(a) of the 
Military Construction Authorization Act for Fiscal 
Year 2003 (division B of Public Law 107–314; 116 
Stat. 2681), $44,000,000. 
(9) For the construction of phase 2 of a bar-
racks complex at Wheeler Sack Army Air Field at 
Fort Drum, New York, authorized by section 
2101(a) of the Military Construction Authorization 
Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1697), $48,000,000. 
(10) For the construction of phase 2 of a bar-
racks complex, Bastogne Drive, Fort Bragg, North
226
Carolina, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year 
2004 (division B of Public Law 108–136; 117 Stat. 
1697), $48,000,000. 
(11) For the construction of phase 3 of a main-
tenance complex at Fort Sill, Oklahoma, authorized 
by section 2101(a) of the Military Construction Au-
thorization Act for Fiscal Year 2003 (division B of 
Public Law 107–314; 116 Stat. 2681), $13,100,000. 
TITLE XXII—NAVY 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(1), the Secretary of the Navy may 
acquire real property and carry out military construction 
projects for the installations or locations inside the United 
States, and in the amounts, set forth in the following 
table:
Navy: Inside the United States 
State 
Installation or location 
Amount 
Arizona ........................
Marine Corps Air Station, Yuma
26,670,000
California .....................
Marine Corps Base, Camp Pen-
dleton.
38,455,000
Naval Air Facility, El Centro ......
54,331,000
Connecticut ..................
Naval Submarine Base, New Lon-
don.
45,882,000
District of Columbia ....
Naval Observatory, Washington ..
3,239,000
Florida .........................
Eglin Air Force Base ...................
2,060,000
Naval Station, Mayport ...............
6,200,000
227
Navy: Inside the United States—Continued
State 
Installation or location 
Amount 
Georgia ........................
Strategic Weapons Facility Atlan-
tic, Kings Bay.
16,000,000
Illinois ..........................
Naval Training Station, Great 
Lakes.
10,000
Recruit 
Training 
Command, 
Great Lakes.
74,771,000
Maryland .....................
Naval Surface Warfare Center, 
Indian Head.
13,900,000
North Carolina ............
Marine Corps Air Station, New 
River.
35,140,000
Marine 
Corps 
Base, 
Camp 
Lejeune.
6,420,000
Washington County ......................
136,900,000
Virginia ........................
Camp Elmore Marine Corps De-
tachment.
13,500,000
Marine Corps Base, Quantico ......
41,800,000
Naval Air Station, Oceana ...........
2,770,000
Naval Amphibious Base, Little 
Creek.
2,850,000
Naval Station, Norfolk .................
4,330,000
Naval Weapons Station, York-
town.
9,870,000
Washington ..................
Naval Shipyard Puget Sound, 
Bremerton.
20,305,000
Naval Station, Bremerton ............
74,125,000
Strategic Weapons Facility Pa-
cific, Bangor.
131,090,000
Total .....................................
760,618,000
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(2), the Secretary of the Navy may 
acquire real property and carry out military construction 
projects for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table:
229
Navy: Family Housing 
State 
Installation or loca-
tion 
Purpose 
Amount 
North Caro-
lina.
Marine Corps Air Sta-
tion, Cherry Point.
198 Units .......
27,002,000
Total ........................
.........................
27,002,000
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States 
Code, and using amounts appropriated pursuant to the 
authorization of appropriations in section 2204(a)(5)(A), 
the Secretary of the Navy may improve existing military 
family housing units in an amount not to exceed 
$112,105,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for mili-
tary construction, land acquisition, and military family 
housing functions of the Department of the Navy in the 
total amount of $1,904,066,000, as follows: 
(1) For military construction projects inside the 
United States authorized by section 2201(a), 
$621,238,000.
(2) For military construction projects outside 
the United States authorized by section 2201(b), 
$126,700,000.–
230
(3) For the military construction projects at 
unspecified worldwide locations authorized by section 
2201(c), $98,560,000. 
(4) For unspecified minor military construction 
projects authorized by section 2805 of title 10, 
United States Code, $12,000,000. 
(5) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $87,067,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, plan-
ning and design, and improvement of military 
family housing and facilities, $139,107,000. 
(B) For support of military family housing 
(including functions described in section 2833 
of title 10, United States Code), $704,504,000. 
(7) For the construction of increment 2 of the 
tertiary sewage treatment plant at Marine Corps 
Base, Camp Pendleton, California, authorized by 
section 2201(a) of the Military Construction Author-
ization Act for Fiscal Year 2004 (division B of Pub-
lic Law 108–136; 117 Stat. 1703), $25,690,000. 
(8) For the construction of increment 2 of the 
general purpose berthing pier at Naval Weapons 
Station, Earle, New Jersey, authorized by section
231
2201(a) of the Military Construction Authorization 
Act of Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1704), $49,200,000. 
(9) For the construction of increment 2 of pier 
11 replacement at Naval Station, Norfolk, Virginia, 
authorized by section 2201(a) of the Military Con-
struction Authorization Act of Fiscal Year 2004 (di-
vision B of Public Law 108–136; 117 Stat. 1704), 
$40,000,000. 
TITLE XXIII—AIR FORCE 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(1), the Secretary of the Air Force 
may acquire real property and carry out military construc-
tion projects for the installations or locations inside the 
United States, and in the amounts, set forth in the fol-
lowing table:
Air Force: Inside the United States 
State 
Installation or location 
Amount 
Alaska ..........................
Elmendorf Air Force Base ...........
26,057,000
Arizona ........................
Davis-Monthan Air Force Base ...
10,029,000
Luke Air Force Base ...................
10,000,000
Arkansas ......................
Little Rock Air Force Base .........
5,031,000
California .....................
Beale Air Force Base ...................
10,186,000
Edwards Air Force Base .............
9,965,000
Travis Air Force Base .................
15,244,000
Colorado ......................
Buckley Air Force Base ...............
12,247,000
Florida .........................
Tyndall Air Force Base ...............
18,962,000
Georgia ........................
Robins Air Force Base ................
15,000,000
232
Air Force: Inside the United States—Continued
State 
Installation or location 
Amount 
Hawaii .........................
Hickam Air Force Base ...............
25,900,000
Louisiana .....................
Barksdale Air Force Base ...........
13,800,000
Maryland .....................
Andrews Air Force Base ..............
17,100,000
North Carolina ............
Pope Air Force Base ....................
15,150,000
South Carolina ............
Shaw Air Force Base ...................
3,300,000
Tennessee ....................
Arnold Air Force Base .................
22,000,000
Texas ...........................
Lackland Air Force Base .............
2,596,000
Sheppard Air Force Base ............
50,284,000
Utah ............................
Hill Air Force Base .....................
13,113,000
Total .....................................
295,964,000
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(2), the Secretary of the Air Force 
may acquire real property and carry out military construc-
tion projects for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table:
Air Force: Outside the United States 
Country 
Installation or location 
Amount 
Germany ......................
Ramstein Air Base .......................
25,404,000
Greenland ....................
Thule Air Base .............................
19,800,000
Guam ...........................
Andersen Air Base .......................
19,593,000
Italy .............................
Aviano Air Base ...........................
6,760,000
Japan ...........................
Misawa Air Base ..........................
6,700,000
Korea ...........................
Kunsan Air Base .........................
37,100,000
Osan Air Base ..............................
18,600,000
Portugal .......................
Lajes Field, Azores ......................
5,689,000
Spain ...........................
Naval Station, Rota .....................
14,153,000
United Kingdom ..........
Royal Air Force Lakenheath .......
5,500,000
Total .....................................
159,299,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(3), the Secretary of the Air Force
233
may acquire real property and carry out military construc-
tion projects for the installations or locations, and in the 
amount, set forth in the following table:
Air Force: Unspecified Worldwide 
Location 
Installation or location 
Amount 
Worldwide Classified ...
Worldwide Unspecified Classified 
28,090,000
Worldwide Unspecified 
Worldwide Unspecified .................
26,825,000
Total .....................................
54,915,000
SEC. 2302. FAMILY HOUSING. 
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using 
amounts appropriated pursuant to the authorization of ap-
propriations in section 2304(a)(6)(A), the Secretary of the 
Air Force may construct or acquire family housing units 
(including land acquisition and supporting facilities) at the 
installations or locations, for the purposes and in the 
amounts, set forth in the following table:
Air Force: Family Housing
State 
Installation or
location 
Purpose 
Amount 
Arizona ........
Davis-Monthan Air Force 
Base.
250 Units .......
48,500,000
California ....
Edwards Air Force Base 
218 Units .......
41,202,000
Vandenberg Air Force 
Base.
120 Units .......
30,906,000
Florida ........
MacDill Air Force Base ..
61 Units .........
21,723,000
MacDill Air Force Base ..
Housing Main-
tenance Fa-
cility.
1,250,000
Idaho ...........
Mountain Home Air 
Force Base.
147 Units .......
39,333,000
Mississippi ...
Columbus Air Force Base 
Family Hous-
ing Manage-
ment Facil-
ity.
711,000
Missouri ......
Whiteman Air Force 
Base.
160 Units .......
37,087,000
234
Air Force: Family Housing—Continued
State 
Installation or
location 
Purpose 
Amount 
Montana ......
Malmstrom Air Force 
Base.
115 Units .......
29,910,000
North Caro-
lina.
Seymour Johnson Air 
Force Base.
167 Units .......
32,693,000
North Da-
kota.
Grand Forks Air Force 
Base.
90 Units .........
26,169,000
Minot Air Force Base .....
142 Units .......
37,087,000
South Caro-
lina.
Charleston Air Force 
Base.
Fire Station ....
1,976,000
South Da-
kota.
Ellsworth Air Force Base 
75 Units .........
21,482,000
Texas ...........
Dyess Air Force Base .....
127 Units .......
28,664,000
Goodfellow Air Force 
Base.
127 Units .......
20,604,000
Germany ......
Ramstein Air Base ..........
144 Units .......
57,691,000
Italy .............
Aviano Air Base ..............
FH Office .......
2,542,000
Korea ...........
Osan Air Base .................
117 Units .......
46,834,000
United King-
dom.
Royal Air Force 
Lakenheath.
154 Units .......
43,976,000
Total ........................
.........................
570,340,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in 
section 2304(a)(6)(A), the Secretary of the Air Force may 
carry out architectural and engineering services and con-
struction design activities with respect to the construction 
or improvement of military family housing units in an 
amount not to exceed $38,266,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States 
Code, and using amounts appropriated pursuant to the 
authorization of appropriations in section 2304(a)(6)(A), 
the Secretary of the Air Force may improve existing mili-
235
tary family housing units in an amount not to exceed 
$238,353,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 
FORCE. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for mili-
tary construction, land acquisition, and military family 
housing functions of the Department of the Air Force in 
the total amount of $2,374,819,000, as follows:–
(1) For military construction projects inside the 
United States authorized by section 2301(a), 
$295,964,000. 
(2) For military construction projects outside 
the United States authorized by section 2301(b), 
$159,299,000. 
(3) For the military construction projects at 
unspecified worldwide locations authorized by section 
2301(c), $54,915,000. 
(4) For unspecified minor military construction 
projects authorized by section 2805 of title 10, 
United States Code, $13,000,000. 
(5) For architectural and engineering services 
and construction design, under section 2807 of title 
10, United States Code, $140,786,000. 
(6) For military family housing functions:
236
(A) For construction and acquisition, plan-
ning and design and improvement of military 
family housing and facilities, $846,959,000. 
(B) For support of military family housing 
(including functions described in section 2833 
of title 10, United States Code), $863,896,000. 
TITLE XXIV—DEFENSE 
AGENCIES 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(1), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations or locations inside the United 
States, and in the amounts, set forth in the following 
table:
Defense Agencies: Inside the United States 
Agency 
Installation or location 
Amount 
Defense Intelligence 
Agency.
Bolling Air Force Base, District 
of Columbia.
6,000,000
Defense Logistics 
Agency.
Columbus, Ohio ............................
5,500,000
Defense Distribution Depot, New 
Cumberland, Pennsylvania.
22,300,000
Defense Distribution Depot, Rich-
mond, Virginia.
10,100,000
Defense 
Fuel 
Support 
Point, 
Naval Air Station, Oceana, Vir-
ginia.
3,589,000
Marine Corps Air Station, Cherry 
Point, North Carolina.
22,700,000
237
Defense Agencies: Inside the United States—Continued
Agency 
Installation or location 
Amount 
Naval Air Station, Kingsville, 
Texas.
3,900,000
Naval Station, Pearl Harbor, Ha-
waii.
3,500,000
Tinker Air Force Base, Oklahoma 
5,400,000
Travis Air Force Base, California 
15,100,000
Missile Defense Agency 
Huntsville, Alabama .....................
19,560,000
National Security 
Agency.
Fort Meade, Maryland .................
15,007,000
Special Operations 
Command.
Corona, California ........................
13,600,000
Fleet Combat Training Center, 
Dam Neck, Virginia.
5,700,000
Fort A.P. Hill, Virginia ...............
1,500,000
Fort Bragg, North Carolina ........
42,888,000
Fort Stewart/Hunter Army Air 
Field, Georgia.
17,600,000
Naval Air Station, North Island, 
California.
1,000,000
Naval Amphibious Base, Little 
Creek, Virginia.
24,200,000
Tri-Care Management 
Activity.
Buckley Air Force Base, Colorado 
2,100,000
Fort Belvoir, Virginia ..................
100,000,000
Fort Benning, Georgia .................
7,100,000
Jacksonville, Florida ....................
28,438,000
Langley Air Force Base, Virginia 
50,800,000
Marine Corps Recruit Depot, 
Parris Island, South Carolina.
25,000,000
Total .....................................
452,582,000
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(2), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table:
238
Defense Agencies: Outside the United States 
Agency 
Installation or location 
Amount 
Defense Education Ac-
tivity.
Grafenwoehr, Germany ................
36,247,000
Naval Station, Guam ...................
26,964,000
Vilseck, Germany .........................
9,011,000
Defense Logistics 
Agency.
Defense 
Fuel 
Support 
Point, 
Lajes Field, Portugal.
19,113,000
Misawa Air Base, Japan ..............
19,900,000
Special Operations 
Command.
Naval Station, Guam, Marianas 
Islands.
2,200,000
Royal 
Air 
Force, 
Mildenhall, 
United Kingdom.
10,200,000
Tri-Care Management 
Activity.
Diego Garcia ................................
3,800,000
Grafenwoehr, Germany ................
13,000,000
Total .....................................
140,435,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(3), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations or locations, and in the 
amount, set forth in the following table:
Defense Agencies: Unspecified Worldwide 
Location 
Installation or location 
Amount 
Worldwide Classified ...
Worldwide Unspecified Classified 
7,400,000
Worldwide Unspecified 
Worldwide Unspecified .................
2,900,000
Total .....................................
10,300,000
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States 
Code, and using amounts appropriated pursuant to the 
authorization of appropriations in section 2404(a)(9)(A),
239
the Secretary of Defense may improve existing military 
family housing units in an amount not to exceed $49,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2404(a)(7), the Sec-
retary of Defense may carry out energy conservation 
projects under section 2865 of title 10, United States 
Code, in the amount of $60,000,000. 
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE-
FENSE AGENCIES. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for mili-
tary construction, land acquisition, and military family 
housing functions of the Department of Defense (other 
than the military departments) in the total amount of 
$1,163,477,000, as follows: 
(1) For military construction projects inside the 
United States authorized by section 2401(a), 
$395,582,000. 
(2) For military construction projects outside 
the United States authorized by section 2401(b), 
$140,435,000.–
(3) For the military construction projects at 
unspecified worldwide locations authorized by section 
2401(c), $10,300,000.
240
(4) For unspecified minor military construction 
projects under section 2805 of title 10, United 
States Code, $20,938,000. 
(5) For contingency construction projects of the 
Secretary of Defense under section 2804 of title 10, 
United States Code, $10,000,000. 
(6) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $62,182,000. 
(7) For Energy Conservation projects author-
ized by section 2404 of this Act, $60,000,000. 
(8) For base closure and realignment activities 
as authorized by the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of 
Public Law 101–510; 10 U.S.C. 2687 note), 
$246,116,000. 
(9) For military family housing functions: 
(A) For improvement of military family 
housing and facilities, $49,000. 
(B) For support of military family housing 
(including functions described in section 2833 
of title 10, United States Code), $49,575,000. 
(C) For credit to the Department of De-
fense Family Housing Improvement Fund es-
241
tablished by section 2883(a)(1) of title 10, 
United States Code, $2,500,000. 
TITLE 
XXV—NORTH 
ATLANTIC 
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
The Secretary of Defense may make contributions for 
the North Atlantic Treaty Organization Security Invest-
ment Program as provided in section 2806 of title 10, 
United States Code, in an amount not to exceed the sum 
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the 
North Atlantic Treaty Organization as a result of con-
struction previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for con-
tributions by the Secretary of Defense under section 2806 
of title 10, United States Code, for the share of the United 
States of the cost of projects for the North Atlantic Treaty 
Organization Security Investment Program authorized by 
section 2501, in the amount of $165,800,000.
242
TITLE XXVI—CHEMICAL DEMILI-
TARIZATION CONSTRUCTION, 
DEFENSE 
SEC. 2601. AUTHORIZATION OF APPROPRIATIONS, CHEM-
ICAL DEMILITARIZATION. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for mili-
tary construction and land acquisition for Chemical De-
militarization in the total amount of $81,886,000, as fol-
lows: 
(1) For the construction of phase 6 of a muni-
tions demilitarization facility at Pueblo Chemical Ac-
tivity, Colorado, authorized by section 2401(a) of the 
Military Construction Authorization Act for Fiscal 
Year 1997 (division B of Public Law 104–201; 110 
Stat. 2775), as amended by section 2406 of the Mili-
tary Construction Authorization Act for Fiscal Year 
2000 (division B of Public Law 106–65; 113 Stat. 
839), and section 2407 of the Military Construction 
Authorization Act for Fiscal Year 2003 (division B 
of 
Public 
Law 
107–314; 
116 
Stat. 
2697), 
$44,792,000. 
(2) For the construction of phase 5 of a muni-
tions demilitarization facility at Blue Grass Army 
Depot, Kentucky, authorized by section 2401(a) of
243
the Military Construction Authorization Act for Fis-
cal Year 2000 (division B of Public Law 106–65; 
113 Stat. 835), as amended by section 2405 of the 
Military Construction Authorization Act of 2002 (di-
vision B of Public Law 107–107; 115 Stat. 1298), 
and section 2405 of the Military Construction Au-
thorization Act for Fiscal Year 2003 (division B of 
Public Law 107–314; 116 Stat. 2697), $37,094,000.
TITLE XXVII—GUARD AND 
RESERVE FORCES FACILITIES 
SEC. 2701. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for the 
costs of acquisition, architectural and engineering services, 
and construction of facilities for the Guard and Reserve 
Forces, and for contributions therefor, under chapter 
1803 of title 10, United States Code (including the cost 
of acquisition of land for those facilities), the following 
amounts: 
(1) For the Department of the Army—
(A) for the Army National Guard of the 
United States, $265,657,000; and 
(B) for the Army Reserve, $87,070,000.
244
(2) For the Department of the Navy, for the 
Naval and Marine Corps Reserve, $25,285,000. 
(3) For the Department of the Air Force—
(A) for the Air National Guard of the 
United States, $127,368,000; and 
(B) 
for 
the 
Air 
Force 
Reserve, 
$84,556,000. 
TITLE XXVIII—EXPIRATION AND 
EXTENSION OF AUTHORIZA-
TIONS 
SEC. 
2801. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS REQUIRED TO BE SPECIFIED BY 
LAW. 
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE 
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVII for mili-
tary construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment Program 
(and authorizations of appropriations therefor) shall ex-
pire on the later of—
(1) October 1, 2007; or 
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year 
2008.
245
(b) EXCEPTION.—Subsection (a) shall not apply to 
authorizations for military construction projects, land ac-
quisition, family housing projects and facilities, and con-
tributions to the North Atlantic Treaty Organization Se-
curity Investment program (and authorizations of appro-
priations therefor), for which appropriated funds have 
been obligated before the later of—
(1) October 1, 2007; or 
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2008 for military con-
struction projects, land acquisition, family housing 
projects and facilities, or contributions to the North 
Atlantic Treaty Organization Security Investment 
program. 
SEC. 2802. EXTENSION OF AUTHORIZATIONS OF CERTAIN 
FISCAL YEAR 2002 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of 
the Military Construction Authorization Act for Fiscal 
Year 2002 (division B of Public Law 107–107; 115 Stat. 
1280), authorizations set forth in the tables in subsection 
(b), as provided in sections 2101, 2302, and 2601 of that 
Act, shall remain in effect until October 1, 2005, or the 
date of the enactment of an Act authorizing funds for mili-
tary construction for fiscal year 2006, whichever is later.
246
(b) TABLES.—The tables referred to in subsection (a) 
are as follows:
Army: Extension of 2002 Project Authorizations 
State 
Installation or
location 
Project 
Amount 
Alaska .........
Fort Wainwright .............
Power Plant 
Cooling 
Tower.
23,000,000
Hawaii .........
Pohakuloa Training Area 
Parker Ranch 
Land Acqui-
sition.
1,500,000
Air Force: Extension of 2002 Project Authorizations 
State 
Installation or
location 
Project 
Amount 
Colorado ......
Buckley Air Force Base ..
Construct 
Family 
Housing (55 
Units).
11,400,000
Idaho ...........
Mountain Home Air 
Force Base.
Replace Family 
Housing (56 
Units).
10,000,000
Louisiana ....
Barksdale Air Force Base 
Replace Family 
Housing (56 
Units).
7,300,000
Army National Guard: Extension of 2002 Project 
Authorizations 
State 
Installation or
location 
Project 
Amount 
California ....
Lancaster ........................
Readiness Cen-
ter (ADRS).
4,530,000
Massachu-
setts.
Framingham ...................
Organizational 
Maintenance 
Shop.
8,347,000
SEC. 2803. EXTENSION OF AUTHORIZATIONS OF CERTAIN 
FISCAL YEAR 2001 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of 
the Military Construction Authorization Act for Fiscal
247
Year 2001 (division B of Public Law 106–398; 114 Stat. 
1654A–389), authorizations set forth in the tables in sub-
section (b), as provided in sections 2102 and 2401 of that 
Act, shall remain in effect until October 1, 2005, or the 
date of the enactment of an Act authorizing funds for mili-
tary construction for fiscal year 2006, whichever is later. 
(b) TABLES.—The tables referred to in subsection (a) 
are as follows:
Army: Extension of 2001 Project Authorization 
State 
Installation or
location 
Project 
Amount 
South Caro-
lina.
Fort Jackson ...................
New Construc-
tion—Family 
Housing (1 
unit).
250,000
Defense Agency: Extension of 2001 Project 
Authorization 
State 
Installation or
location 
Project 
Amount 
Defense Fi-
nance and 
Accounting 
Service.
Kleber Kaserne, Germany 
Building ren-
ovation.
7,400,000 
Department 
of Defense 
Education 
Activity.
Osan Air Base, Korea .....
Osan Elemen-
tary School 
Classroom 
Addition.
843,000
248
TITLE XXIX—GENERAL 
PROVISIONS 
Subtitle A—Military Construction 
and Military Family Housing 
SEC. 2901. ALTERNATIVE AUTHORITY FOR ACQUISITION 
AND IMPROVEMENT OF MILITARY HOUSING. 
Section 2883(g)(1) of title 10, United States Code 
is amended by striking ‘‘$850,000,000’’ and inserting 
‘‘$1,850,000,000’’. 
Subtitle B—Real Property and 
Facilities Administration 
SEC. 2911. ESTABLISHMENT OF MUSEUM CENTER OF THE 
NATIONAL MUSEUM OF THE UNITED STATES 
ARMY. 
(a) IN GENERAL.—Chapter 401 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 4322. The Museum Center of the National Museum 
of the United States Army 
‘‘(a) AUTHORITY TO ESTABLISH.—(1) The Secretary 
of the Army may establish the Museum Center of the Na-
tional Museum of the United States Army at Fort Belvoir, 
Virginia.
249
‘‘(2) The Museum Center may be used to identify, 
collect, preserve, display, and interpret historic artifacts 
and artwork of significance to the United States Army. 
‘‘(b) AUTHORITY TO ENTER INTO AGREEMENT.—(1) 
The Secretary may enter into an agreement with the Army 
Historical Foundation, a nonprofit organization, to sup-
port the design, construction, and operation of the Mu-
seum Center through gifts provided by the Foundation. 
‘‘(2) The Secretary may require such terms and con-
ditions in connection with any agreement authorized to be 
entered into by this subsection as the Secretary considers 
appropriate to protect the interests of the United States. 
‘‘(c) DESIGN, CONSTRUCTION, AND OPERATION.—
The Secretary may design, construct, and operate facilities 
for the Museum Center with funds provided by the Army 
Historical Foundation and gifts accepted under subsection 
(d). 
‘‘(d) USE OF CERTAIN GIFTS.—(l) Under regulations 
prescribed by the Secretary, the Commander of the United 
States Amy Center of Military History may, without re-
gard to section 2601 of this title, accept, hold, administer, 
invest, and spend any gift, devise, or bequest of personal 
property of a value of $250,000 or less made to the United 
States if such gift, devise, or bequest is for the benefit 
of the Museum Center.
250
‘‘(2) The Secretary may pay or authorize the pay-
ment of any reasonable and necessary expense in connec-
tion with the conveyance or transfer of a gift, devise, or 
bequest under this sub section. 
‘‘(e) OTHER AUTHORIZED USERS.—(1) The Sec-
retary may make the Museum Center, or space within the 
Museum Center, available to the public, commercial enti-
ties, nonprofit entities, state and local governments, and 
other departments and agencies of the Federal Govern-
ment for such uses as deemed appropriate by the Sec-
retary. The Secretary may charge fees for such uses. 
‘‘(2) Funds received under paragraph (1) shall be de-
posited into a special fund maintained by the Secretary 
for acquisition, preservation, and conservation of rare arti-
facts and other projects associated with the Museum Cen-
ter and shall be available for those purposes until ex-
pended.
‘‘(f) FUNDRAISING.—The Army Historical Founda-
tion may engage in fundraising operations on the grounds 
of the Museum Center and its adjacent support facilities 
with the approval of the Secretary of the Army. The Sec-
retary of the Army may approve the provision of logistical 
support to fundraising events conducted by the Army His-
torical Foundation on the grounds of the Museum Center 
and its adjacent support facilities that is otherwise con-
251
sistent with Department of Defense policy for the conduct 
of public affairs and community relations activities and 
programs throughout the Department of Defense. 
‘‘(g) ADVERTISING, MARKETING, AND PROMOTION.—
(1) The Secretary of the Army may expend appropriated 
finds available for the operation and maintenance of the 
Army for advertising, marketing, and promotion of the 
National Museum of the United States Army and its pro-
grams in order to enhance visitation and the effectiveness 
of educational programs of the Museum. 
‘‘(2) The Secretary of the Army may authorize the 
Commander of the United States Army Center of Military 
History, or other appropriate official of the Department 
of the Army, to expend appropriated finds available for 
the operation and maintenance of the Army for the pro-
motional hospitality of specials guests of the National Mu-
seum of the United States Army, not to exceed $20,006 
during a fiscal year.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item:
‘‘4322. The Museum Center of the National Museum of the United States 
Army.’’.
252
SEC. 2912. EXCHANGE OR SALE OF RESERVE COMPONENT 
FACILITIES IN RETURN FOR REPLACEMENT 
FACILITIES. 
Section 18233 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g)(1) When the Secretary of Defense determines it 
is in the best interests of the United States to acquire 
a facility under this section as a replacement for an exist-
ing facility, the Secretary may exchange the existing facil-
ity for a replacement facility or sell the existing facility 
and use the proceeds to acquire a replacement facility. 
‘‘(2) In any exchange or sale under paragraph (1), 
the United States shall receive cash or a replacement facil-
ity, or both, of a value at least equal to the fair market 
value of the existing facility. 
‘‘(3) Acquisition of a replacement facility under para-
graph (I) by exchange, sale, or combination of exchange 
and sale, may be accomplished by construction, expansion, 
rehabilitation, and conversion and shall result in a fully 
equipped and operational replacement facility. Nothing in 
this paragraph shall prohibit the Secretary from contrib-
uting additional funds, in accordance with this section, to 
obtain a fully equipped and operational replacement facil-
ity.
253
‘‘(4) Any funds received under this subsection in ex-
cess of the funds expended for the replacement facility 
may be used for the purposes of subsection (a). 
‘‘(5) The funds received under this subsection shall 
be placed in a separate account for use in accordance with 
this subsection without further appropriation. 
‘‘(6) This subsection shall not be subject to the Stew-
art B. McKinney Homeless Assistance Act (42 U.S.C. § 
11301 et seq.).’’. 
Subtitle C—Other Matters 
SEC. 2921. MINOR MILITARY CONSTRUCTION TO IMPROVE 
FORCE PROTECTION. 
Section 2805 of title 10, United States Code, is 
amended—
(1) in subsection (b)(2), by striking ‘‘21-day’’ 
and inserting ‘‘5-day’’; and 
(2) in subsection (c)(1)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (A); 
(B) by striking the period at the end of 
subparagraph (B) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) $5,000,000, in the case of an unspec-
ified minor military construction project in-
254
tended solely to correct a deficiency in force 
protection.’’.
Æ