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(B) may take into account the results of any in-
vestigations or inquiries related to the Oil-for-Food
program.
(2) The head of each Executive agency shall fully co-
operate with the review under this subsection.
(e) EXECUTIVE AGENCY DEFINED.—In this section,
the term ‘‘Executive agency’’ has the meaning given that
term in section 105 of title 5, United States Code.
SEC. 1059. SENSE OF CONGRESS ON THE GLOBAL PARTNER-
SHIP AGAINST THE SPREAD OF WEAPONS OF
MASS DESTRUCTION.
It is the sense of Congress that the President should
be commended for the steps taken at the G–8 summit at
Sea Island, Georgia, on June 8–10, 2004, to demonstrate
continued support for the Global Partnership against the
Spread of Nuclear Weapons and Materials of Mass Destruc-
tion and to expand the Partnership by welcoming new
members and using the Partnership to coordinate non-
proliferation projects in Libya, Iraq, and other countries;
and that the President should—
(1) expand the membership of donor nations to
the Partnership;
(2) insure that Russia remains the primary
partner of the Partnership while also seeking to fund
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through the Partnership efforts in other countries
with potentially vulnerable weapons or materials;
(3) develop for the Partnership clear program
goals;
(4) develop for the Partnership transparent
project prioritization and planning;
(5) develop for the Partnership project imple-
mentation milestones under periodic review;
(6) develop under the Partnership agreements be-
tween partners for project implementation; and
(7) give high priority and senior-level attention
to resolving disagreements on site access and worker
liability under the Partnership.
SEC. 1059A. EXCEPTION TO BILATERAL AGREEMENT RE-
QUIREMENTS FOR TRANSFERS OF DEFENSE
ITEMS.
(a) FINDINGS.—Congress makes the following findings:
(1) Close defense cooperation between the United
States and each of the United Kingdom and Australia
requires interoperability among the armed forces of
those countries.
(2) The need for interoperability must be bal-
anced with the need for appropriate and effective reg-
ulation of trade in defense items.
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(3) The Arms Export Control Act (22 U.S.C.
2751 et seq.) authorizes the executive branch to ad-
minister arms export policies enacted by Congress in
the exercise of its constitutional power to regulate
commerce with foreign nations.
(4) The executive branch has exercised its au-
thority under the Arms Export Control Act, in part,
through the International Traffic in Arms Regula-
tions.
(5) Agreements to gain exemption from the
International Traffic in Arms Regulations must be
submitted to Congress for review.
(b) DEFINITIONS.—In this section:
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means—
(A) the Committee on Foreign Relations
and the Committee on Armed Services of the
Senate; and
(B) the Committee on International Rela-
tions and the Committee on Armed Services of
the House of Representatives.
(2) DEFENSE ITEMS.—The term ‘‘defense items’’
has the meaning given the term in section 38 of the
Arms Export Control Act (22 U.S.C. 2778).
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(3) INTERNATIONAL TRAFFIC IN ARMS REGULA-
TIONS.—The term ‘‘International Traffic in Arms
Regulations’’ means the regulations maintained under
parts 120 through 130 of title 22, Code of Federal
Regulations, and any successor regulations.
(c) EXCEPTIONS FROM BILATERAL AGREEMENT RE-
QUIREMENTS.—
(1) IN GENERAL.—Subsection (j) of section 38 of
the Arms Export Control Act (22 U.S.C. 2778) is
amended—
(A) by redesignating paragraph (4) as
paragraph (5); and
(B) by inserting after paragraph (3) the fol-
lowing new paragraph (4):
‘‘(4) EXCEPTIONS FROM BILATERAL AGREEMENT
REQUIREMENTS.—
‘‘(A) AUSTRALIA.—Subject to section 1055
of the National Defense Authorization Act for
Fiscal Year 2005, the requirements for a bilat-
eral agreement described in paragraph (2)(A)
shall not apply to a bilateral agreement between
the United States Government and the Govern-
ment of Australia with respect to transfers or
changes in end use of defense items within Aus-
tralia that will remain subject to the licensing
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requirements of this Act after such agreement en-
ters into force.
‘‘(B) UNITED KINGDOM.—Subject to section
1055 of the National Defense Authorization Act
for Fiscal Year 2005, the requirements for a bi-
lateral 
agreement 
described 
in 
paragraphs
(1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall not
apply to a bilateral agreement between the
United States Government and the Government
of the United Kingdom for an exemption from
the licensing requirements of this Act.’’.
(2) CONFORMING AMENDMENT.—Paragraph (2)
of such subsection is amended in the matter preceding
subparagraph (A) by striking ‘‘A bilateral agreement’’
and inserting ‘‘Except as provided in paragraph (4),
a bilateral agreement’’.
(d) CERTIFICATIONS.—Not later than 30 days before
authorizing an exemption from the licensing requirements
of the International Traffic in Arms Regulations in accord-
ance with any bilateral agreement entered into with the
United Kingdom or Australia under section 38(j) of the
Arms Export Control Act (22 U.S.C. 2778(j)), as amended
by subsection (c), the President shall certify to the appro-
priate congressional committees that such agreement—
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(1) is in the national interest of the United
States and will not in any way affect the goals and
policy of the United States under section 1 of the
Arms Export Control Act (22 U.S.C. 2751);
(2) does not adversely affect the efficacy of the
International Traffic in Arms Regulations to provide
consistent and adequate controls for licensed exports
of United States defense items; and
(3) will not adversely affect the duties or require-
ments of the Secretary of State under the Arms Ex-
port Control Act.
(e) NOTIFICATION OF BILATERAL LICENSING EXEMP-
TIONS.—Not later than 30 days before authorizing an ex-
emption from the licensing requirements of the Inter-
national Traffic in Arms Regulations in accordance with
any bilateral agreement entered into with the United King-
dom or Australia under section 38(j) of the Arms Export
Control Act (22 U.S.C. 2778(j)), as amended by subsection
(c), the President shall submit to the appropriate congres-
sional committees the text of the regulations that authorize
such a licensing exemption.
(f) REPORT ON CONSULTATION ISSUES.—Not later
than one year after the date of the enactment of this Act
and annually thereafter for each of the following 5 years,
the President shall submit to the appropriate congressional
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committees a report on issues raised during the previous
year in consultations conducted under the terms of any bi-
lateral agreement entered into with Australia under section
38(j) of the Arms Export Control Act, or under the terms
of any bilateral agreement entered into with the United
Kingdom under such section, for exemption from the licens-
ing requirements of the Arms Export Control Act (22
U.S.C. 2751 et seq.). Each report shall contain—
(1) information on any notifications or consulta-
tions between the United States and the United King-
dom under the terms of any agreement with the
United Kingdom, or between the United States and
Australia under the terms of any agreement with
Australia, concerning the modification, deletion, or
addition of defense items on the United States Muni-
tions List, the United Kingdom Military List, or the
Australian Defense and Strategic Goods List;
(2) a list of all United Kingdom or Australia
persons and entities that have been designated as
qualified persons eligible to receive United States ori-
gin defense items exempt from the licensing require-
ments of the Arms Export Control Act under the
terms of such agreements, and listing any modifica-
tion, deletion, or addition to such lists, pursuant to
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the requirements of any agreement with the United
Kingdom or any agreement with Australia;
(3) information on consultations or steps taken
pursuant to any agreement with the United Kingdom
or any agreement with Australia concerning coopera-
tion and consultation with either government on the
effectiveness of the defense trade control systems of
such government;
(4) information on provisions and procedures
undertaken pursuant to—
(A) any agreement with the United King-
dom with respect to the handling of United
States origin defense items exempt from the li-
censing requirements of the Arms Export Control
Act by persons and entities qualified to receive
such items in the United Kingdom; and
(B) any agreement with Australia with re-
spect to the handling of United States origin de-
fense items exempt from the licensing require-
ments of the Arms Export Control Act by persons
and entities qualified to receive such items in
Australia;
(5) information on any new understandings, in-
cluding the text of such understandings, between the
United States and the United Kingdom concerning
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retransfer of United States origin defense items made
pursuant to any agreement with the United Kingdom
to gain exemption from the licensing requirements of
the Arms Export Control Act;
(6) information on consultations with the Gov-
ernment of the United Kingdom or the Government of
Australia concerning the legal enforcement of any
such agreements;
(7) information on United States origin defense
items with respect to which the United States has
provided an exception under the Memorandum of Un-
derstanding between the United States and the United
Kingdom and any agreement between the United
States and Australia from the requirement for United
States Government re-export consent that was not
provided for under United States laws and regula-
tions in effect on the date of the enactment of this Act;
and
(8) information on any significant concerns that
have arisen between the Government of Australia or
the Government of the United Kingdom and the
United States Government concerning any aspect of
any bilateral agreement between such country and the
United States to gain exemption from the licensing
requirements of the Arms Export Control Act.
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(g) SPECIAL NOTIFICATIONS.—
(1) REQUIRED
NOTIFICATIONS.—The Secretary
of State shall notify the appropriate congressional
committees not later than 90 days after receiving any
credible information regarding an unauthorized end-
use or diversion of United States exports of goods or
services made pursuant to any agreement with a
country to gain exemption from the licensing require-
ments of the Arms Export Control Act. The notifica-
tion shall be made in a manner that is consistent
with any ongoing efforts to investigate and commence
civil actions or criminal investigations or prosecu-
tions regarding such matters and may be made in
classified or unclassified form.
(2) CONTENT.—The notification regarding an
unauthorized end-use or diversion of goods or services
under paragraph (1) shall include—
(A) a description of the goods or services;
(B) the United States origin of the good or
service;
(C) the authorized recipient of the good or
service;
(D) a detailed description of the unauthor-
ized end-use or diversion, including any knowl-
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edge by the United States exporter of such unau-
thorized end-use or diversion;
(E) any enforcement action taken by the
Government of the United States; and
(F) any enforcement action taken by the
government of the recipient nation.
SEC. 1059B. REDESIGNATION AND MODIFICATION OF AU-
THORITIES RELATING TO INSPECTOR GEN-
ERAL OF THE COALITION PROVISIONAL AU-
THORITY.
(a) REDESIGNATION.—(1) Subsections (b) and (c)(1)
of section 3001 of the Emergency Supplemental Appropria-
tions Act for Defense and Reconstruction of Iraq and Af-
ghanistan, 2004 (Public Law 108–106; 117 Stat. 1234; 5
U.S.C. App. 3 section 8G note) are each amended by strik-
ing ‘‘Office of the Inspector General of the Coalition Provi-
sional Authority’’ and inserting ‘‘Office of the Special In-
spector General for Iraq Reconstruction’’.
(2) Subsection (c)(1) of such section is further amended
by striking ‘‘Inspector General of the Coalition Provisional
Authority’’ and inserting ‘‘Special Inspector General for
Iraq Reconstruction (in this section referred to as the ‘In-
spector General’)’’.
(3)(A) The heading of such section is amended to read
as follows:
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‘‘SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ RE-
CONSTRUCTION.’’.
(B) The heading of title III of such Act is amended
to read as follows:
‘‘TITLE III—SPECIAL INSPECTOR
GENERAL FOR IRAQ RECON-
STRUCTION’’.
(b) CONTINUATION IN OFFICE.—The individual serv-
ing as the Inspector General of the Coalition Provisional
Authority as of the date of the enactment of this Act may
continue to serve in that position after that date without
reappointment under paragraph (1) of section 3001(c) of
the Emergency Supplemental Appropriations Act for De-
fense and Reconstruction of Iraq and Afghanistan, 2004,
but remaining subject to removal as specified in paragraph
(4) of that section.
(c) PURPOSES.—Subsection (a) of such section is
amended—
(1) in paragraph (1), by striking ‘‘of the Coali-
tion Provisional Authority (CPA)’’ and inserting
‘‘funded with amounts appropriated or otherwise
made available to the Iraq Relief and Reconstruction
Fund’’;
(2) in paragraph (2)(B), by striking ‘‘fraud’’
and inserting ‘‘waste, fraud,’’; and
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(3) in paragraph (3), by striking ‘‘the head of
the Coalition Provisional Authority’’ and inserting
‘‘the Secretary of State and the Secretary of Defense’’.
(d) RESPONSIBILITIES
OF
ASSISTANT
INSPECTOR
GENERAL FOR AUDITING.—Subsection (d)(1) of such sec-
tion is amended by striking ‘‘of the Coalition Provisional
Authority’’ and inserting ‘‘supported by the Iraq Relief and
Reconstruction Fund’’.
(e) SUPERVISION.—Such section is further amended—
(1) in subsection (e)(1), by striking ‘‘the head of
the Coalition Provisional Authority’’ and inserting
‘‘the Secretary of State and the Secretary of Defense’’;
(2) in subsection (h)—
(A) in paragraphs (4)(B) and (5), by strik-
ing ‘‘head of the Coalition Provisional Author-
ity’’ and inserting ‘‘Secretary of State’’; and
(B) in paragraph (5), by striking ‘‘at the
central and field locations of the Coalition Provi-
sional Authority’’ and inserting ‘‘at appropriate
locations of the Department of State in Iraq’’;
(3) in subsection (j)—
(A) in paragraph (1), by striking ‘‘the head
of the Coalition Provisional Authority’’ and in-
serting ‘‘the Secretary of State and the Secretary
of Defense’’; and
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(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking ‘‘the head of the
Coalition Provisional Authority’’ the
first place it appears and inserting
‘‘the Secretary of State or the Sec-
retary of Defense’’; and
(II) by striking ‘‘the head of the
Coalition Provisional Authority con-
siders’’ the second place it appears and
inserting ‘‘the Secretary of State or the
Secretary of Defense, as the case may
be, consider’’; and
(ii) in subparagraph (B), by striking
‘‘the head of the Coalition Provisional Au-
thority considers’’ and inserting ‘‘the Sec-
retary of State or the Secretary of Defense,
as the case may be, consider’’; and
(4) in subsection (k), by striking ‘‘the head of the
Coalition Provisional Authority shall’’ each place it
appears and inserting ‘‘the Secretary of State and the
Secretary of Defense shall jointly’’.
(f) DUTIES.—Subsection (f)(1) of such section is
amended by striking ‘‘appropriated funds by the Coalition
Provisional Authority in Iraq’’ and inserting ‘‘amounts ap-
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propriated or otherwise made available to the Iraq Relief
and Reconstruction Fund’’.
(g) COORDINATION WITH INSPECTOR GENERAL
OF
DEPARTMENT OF STATE.—Subsection (f) of such section is
further amended striking paragraphs (4) and (5) and in-
serting the following new paragraph (4):
‘‘(4) In carrying out the duties, responsibilities, and
authorities of the Inspector General under this section, the
Inspector General shall coordinate with, and receive the co-
operation of, each of the following:
‘‘(A) The Inspector General of the Department of
Defense.
‘‘(B) The Inspector General of the United States
Agency for International Development.
‘‘(C) The Inspector General of the Department of
State.’’.
(h) POWERS AND AUTHORITIES.—Subsection (g) of
such section is amended by inserting before the period the
following: ‘‘, including the authorities under subsection (e)
of such section’’.
(i) REPORTS.—Subsection (i) of such section is
amended—
(1) in paragraph (1)—
(A) in the first sentence, by striking ‘‘and
every calendar quarter thereafter,’’ and all that
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follows through ‘‘the Coalition Provisional Au-
thority’’ and inserting ‘‘again on July 30, 2004,
and every calendar quarter thereafter, the In-
spector General shall submit to the appropriate
committees of Congress a report summarizing the
activities of the Inspector General and the pro-
grams and operations funded with amounts ap-
propriated or otherwise made available to the
Iraq Relief and Reconstruction Fund’’;
(B) in subparagraph (B), by striking ‘‘the
Coalition Provisional Authority’’ and inserting
‘‘the Department of Defense, the Department of
State, and the United States Agency for Inter-
national Development, as applicable,’’;
(C) in subparagraph (E), by striking ‘‘ap-
propriated 
funds’’ 
and 
inserting 
‘‘such
amounts’’; and
(D) in subparagraph (F), by striking ‘‘the
Coalition Provisional Authority’’ and inserting
‘‘the contracting department or agency’’;
(2) in paragraph (2), by striking ‘‘by the Coali-
tion Provisional Authority’’ and inserting ‘‘by any
department or agency of the United States Govern-
ment that involves the use of amounts appropriated
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or otherwise made available to the Iraq Relief and
Reconstruction Fund’’;
(3) in paragraph (3), by striking ‘‘June 30,
2004’’ and inserting ‘‘July 30, 2004’’; and
(4) in paragraph (4), by striking ‘‘the Coalition
Provisional Authority’’ and inserting ‘‘the Depart-
ment of State and of the Department of Defense’’.
(j) TERMINATION.—Subsection (o) of such section is
amended to read as follows:
‘‘(o) TERMINATION.—The Office of the Inspector Gen-
eral shall terminate on the date that is 10 months after
the date, as determined by the Secretary of State, on which
80 percent of the amounts appropriated or otherwise made
available to the Iraq Relief and Reconstruction Fund by
chapter 2 of title II of this Act have been obligated.’’.
SEC. 1059C. TREATMENT OF FOREIGN PRISONERS.
(a) POLICY.—(1) It is the policy of the United States
to treat all foreign persons captured, detained, interned or
otherwise held in the custody of the United States (herein-
after ‘‘prisoners’’) humanely and in accordance with stand-
ards that the United States would consider legal if per-
petrated by the enemy against an American prisoner.
(2) It is the policy of the United States that all
officials of the United States are bound both in war-
time and in peacetime by the legal prohibition
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against torture, cruel, inhuman or degrading treat-
ment.
(3) If there is any doubt as to whether prisoners
are entitled to the protections afforded by the Geneva
Conventions, such prisoners shall enjoy the protections
of the Geneva Conventions until such time as their
status can be determined pursuant to the procedures
authorized by Army Regulation 190–8, Section 1–6.
(4) It is the policy of the United States to expe-
ditiously prosecute cases of terrorism or other crimi-
nal acts alleged to have been committed by prisoners
in the custody of the United States Armed Forces at
Guantanamo Bay, Cuba, in order to avoid the indefi-
nite detention of prisoners, which is contrary to the
legal principles and security interests of the United
States.
(b) REPORTING.—The Department of Defense shall
submit to the appropriate congressional committees:
(1) A quarterly report providing the number of
prisoners who were denied Prisoner of War (POW)
status under the Geneva Conventions and the basis for
denying POW status to each such prisoner.
(2) A report setting forth—
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(A) the proposed schedule for military com-
missions to be held at Guantanamo Bay, Cuba;
and
(B) the number of individuals currently
held at Guantanamo Bay, Cuba, the number of
such individuals who are unlikely to face a mili-
tary commission in the next six months, and the
reason(s) for not bringing such individuals before
a military commission.
(3) All International Committee of the Red Cross
reports, completed prior to the enactment of this Act,
concerning the treatment of prisoners in United
States custody at Guantanamo Bay, Cuba, Iraq, and
Afghanistan. Such ICRC reports should be provided,
in classified form, not later than 15 days after enact-
ment of this Act.
(4) A report setting forth all prisoner interroga-
tion techniques approved by officials of the United
States.
(c) ANNUAL TRAINING REQUIREMENT.—The Depart-
ment of Defense shall certify that all Federal employees and
civilian contractors engaged in the handling and/or interro-
gating of prisoners have fulfilled an annual training re-
quirement on the laws of war, the Geneva Conventions and
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the obligations of the United States under international hu-
manitarian law.
Subtitle G—Other Matters
SEC. 1061. TECHNICAL AMENDMENTS RELATING TO DEFINI-
TIONS OF GENERAL APPLICABILITY IN TITLE
10, UNITED STATES CODE.
(a) CLARIFICATION OF DEFINITION OF ‘‘OPERATIONAL
RANGE’’.—Section 101(e)(3) of title 10, United States Code,
is amended by striking ‘‘Secretary of Defense’’ and insert-
ing ‘‘Secretary of a military department’’.
(b) AMENDMENTS RELATING TO DEFINITION OF CON-
GRESSIONAL DEFENSE COMMITTEES.—(1) Section 2215 of
title 10, United States Code, is amended—
(A) in subsection (a)—
(i) by striking ‘‘(a) CERTIFICATION RE-
QUIRED.—’’; and
(ii) by striking ‘‘congressional committees
specified in subsection (b)’’ and inserting ‘‘con-
gressional defense committees’’; and
(B) by striking subsection (b).
(2) Section 2515(d) of such title is amended—
(A) by striking ‘‘REPORT.—(1)’’ and inserting
‘‘REPORT.—’’;
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(B) by striking ‘‘congressional committees speci-
fied in paragraph (2)’’ and inserting ‘‘congressional
defense committees’’; and
(C) by striking paragraph (2).
(3) Section 2676(d) of such title is amended by strik-
ing ‘‘appropriate committees of Congress’’ in the first sen-
tence and inserting ‘‘congressional defense committees’’.
SEC. 1062. TWO-YEAR EXTENSION OF AUTHORITY OF SEC-
RETARY OF DEFENSE TO ENGAGE IN COM-
MERCIAL ACTIVITIES AS SECURITY FOR IN-
TELLIGENCE 
COLLECTION 
ACTIVITIES
ABROAD.
Section 431(a) of title 10, United States Code, is
amended by striking ‘‘December 31, 2004’’ and inserting
‘‘December 31, 2006’’.
SEC. 1063. LIABILITY PROTECTION FOR PERSONS VOLUN-
TARILY 
PROVIDING 
MARITIME-RELATED
SERVICES ACCEPTED BY THE NAVY.
Section 1588(d)(1) of title 10, United States Code, is
amended by adding at the end the following new subpara-
graph:
‘‘(F) In the case of a person aboard a sailing
vessel of the Navy to engage in the training of Navy
personnel or in a competition involving Navy per-
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sonnel, the following provisions of law relating to
claims in admiralty for damages or loss:
‘‘(i) The Act entitled ‘An Act authorizing
suits against the United States in admiralty,
suits for salvage services, and providing for the
release of merchant vessels belonging to the
United States from arrest and attachment in for-
eign jurisdictions, and for other purposes’, ap-
proved March 9, 1920 (commonly known as the
‘Suits in Admiralty Act’) (46 U.S.C. App. 741
et seq.).
‘‘(ii) The Act entitled ‘An Act authorizing
suits against the United States in admiralty for
damage caused by and salvage services rendered
to public vessels belonging to the United States,
and for other purposes’, approved March 3, 1925
(commonly known as the ‘Public Vessels Act’)
(46 U.S.C. App. 781 et seq.).’’.
SEC. 1064. LICENSING OF INTELLECTUAL PROPERTY.
(a) AUTHORITY.—Subchapter II of chapter 134 of title
10, United States Code, is amended by adding at the end
the following new section:
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ceed the total amount needed for such fiscal year
under paragraph (1).
‘‘(d) AVAILABILITY.—Fees received in a fiscal year and
retained under this section shall be available for obligations
in such fiscal year and the following two fiscal years.
‘‘(e) DEFINITIONS.—In this section, the terms ‘trade-
mark’, ‘service mark’, ‘certification mark’, and ‘collective
mark’ have the meanings given such terms in section 45
of the Act entitled ‘An Act to provide for the registration
and protection of trademarks used in commerce, to carry
out the provisions of certain international conventions, and
for other purposes’, approved July 5, 1946 (commonly re-
ferred to as the ‘Trademark Act of 1946’) (15 U.S.C.
1127).’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such subchapter is amended by adding at
the end the following new item:
‘‘2260. Licensing of intellectual property: retention of fees.’’.
SEC. 1065. DELAY OF ELECTRONIC VOTING DEMONSTRA-
TION PROJECT.
Section 1604(a) of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat.
1277; 42 U.S.C. 1973ff note) is amended—
(1) in paragraph (1), by striking ‘‘2002’’ and in-
serting ‘‘2006’’; and
(2) in paragraph (2)—
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(A) by striking ‘‘2002’’ and inserting
‘‘2006’’; and
(B) by striking ‘‘2004’’ and inserting
‘‘2008’’.
SEC. 1066. WAR RISK INSURANCE FOR MERCHANT MARINE
VESSELS.
(a) EXTENSION OF AUTHORITY.—Section 1214 of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1294) is
amended by striking ‘‘June 30, 2005’’ and inserting ‘‘De-
cember 31, 2008’’.
(b) INVESTMENT OF FUNDS EXCESS TO SHORT-TERM
NEEDS.—Section 1208 of such Act (46 U.S.C. App. 1288)
is amended—
(1) by redesignating subsection (b) as subsection
(c); and
(2) in subsection (a), by striking ‘‘Upon the re-
quest of the Secretary of Transportation,’’ and all
that follows and inserting the following:
‘‘(b)(1) The Secretary of Transportation may request
the Secretary of the Treasury to invest such portion of the
insurance fund under subsection (a) as is not, in the judg-
ment of the Secretary of Transportation, required to meet
the current needs of the fund. The Secretary of the Treasury
may make the requested investments.
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‘‘(2) Investments under paragraph (1) shall be made
in public debt securities of the United States that—
‘‘(A) mature at times suitable to the needs of the
insurance fund; and
‘‘(B) bear interest rates determined by the Sec-
retary of the Treasury, taking into consideration cur-
rent market yields on outstanding marketable obliga-
tions of the United States of comparable maturity.
‘‘(3) The interest and benefits accruing from securities
under this subsection shall be deposited to the credit of the
insurance fund.’’.
SEC. 1067. REPEAL OF QUARTERLY REPORTING REQUIRE-
MENT CONCERNING PAYMENTS FOR DIS-
TRICT OF COLUMBIA WATER AND SEWER
SERVICES AND ESTABLISHMENT OF ANNUAL
REPORT BY TREASURY.
(a) WATER AND WATER SERVICE SUPPLIED FOR THE
USE OF THE GOVERNMENT OF THE UNITED STATES.—Sec-
tion 106(b)(5) of the District of Columbia Public Works Act
of 1954 (sec. 34–2401.25(b), D.C. Official Code), as amend-
ed by section 401 of the Miscellaneous Appropriations Act,
2001 (as enacted by reference in section 1(a)(4) of the Con-
solidated Appropriations Act, 2001), is amended to read as
follows:
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‘‘(5) Not later than the 15th day of the month following
the beginning of the fiscal year (beginning with fiscal year
2005), the Secretary of the Treasury with respect to each
Federal department, establishment, or agency receiving
water services from the District of Columbia shall submit
a report to the Committee on Government Reform of the
House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committees on Appropria-
tions of the House of Representatives and Senate analyzing
the promptness of payment with respect to the services fur-
nished to such department, establishment, or agency.’’.
(b) SANITARY SEWER SERVICE CHARGES FOR UNITED
STATES GOVERNMENT.—Section 212(b)(5) of the District of
Columbia Public Works Act of 1954 (sec. 34–2112(b), D.C.
Official Code), as amended by section 401 of the Miscella-
neous Appropriations Act, 2001 (as enacted by reference in
section 1(a)(4) of the Consolidated Appropriations Act,
2001), is amended to read as follows:
‘‘(5) Not later than the 15th day of the month following
the beginning of the fiscal year (beginning with fiscal year
2005), the Secretary of the Treasury with respect to each
Federal department, establishment, or agency receiving san-
itary sewer services from the District of Columbia shall sub-
mit a report to the Committee on Government Reform of
the House of Representatives, the Committee on Govern-
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mental Affairs of the Senate, and the Committees on Appro-
priations of the House of Representatives and Senate ana-
lyzing the promptness of payment with respect to the serv-
ices furnished to such department, establishment, or agen-
cy.’’.
SEC. 1068. RECEIPT OF PAY BY RESERVES FROM CIVILIAN
EMPLOYERS WHILE ON ACTIVE DUTY IN CON-
NECTION WITH A CONTINGENCY OPERATION.
Section 209 of title 18, United States Code, is amended
by adding at the end the following new subsection:
‘‘(h) This section does not prohibit a member of the
reserve components of the armed forces on active duty pur-
suant to a call or order to active duty under a provision
of law referred to in section 101(a)(13) of title 10 from re-
ceiving from any person that employed such member before
the call or order to active duty any payment of any part
of the salary or wages that such person would have paid
the member if the member’s employment had not been inter-
rupted by such call or order to active duty.’’.
SEC. 1069. PROTECTION OF ARMED FORCES PERSONNEL
FROM RETALIATORY ACTIONS FOR COMMU-
NICATIONS MADE THROUGH THE CHAIN OF
COMMAND.
(a) 
PROTECTED
COMMUNICATIONS.—Section
1034(b)(1)(B) of title 10, United States Code, is amended—
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(1) by striking ‘‘or’’ at the end of clause (iii)’’;
and
(2) by striking clause (iv) and inserting the fol-
lowing:
‘‘(iv) any person or organization in the
chain of command; or
‘‘(v) any other person or organization des-
ignated pursuant to regulations or other estab-
lished administrative procedures for such com-
munications.’’.
(b) EFFECTIVE DATE AND APPLICABILITY.—This sec-
tion and the amendments made by this section shall take
effect on the date of the enactment of this Act and shall
apply with respect to any unfavorable personnel action
taken or threatened, and any withholding of or threat to
withhold a favorable personnel action, on or after that date.
SEC. 1070. MISSILE DEFENSE COOPERATION.
(a) DEPARTMENT OF STATE PROCEDURES FOR EXPE-
DITED REVIEW OF LICENSES FOR THE TRANSFER OF DE-
FENSE ITEMS RELATED TO MISSILE DEFENSE.—
(1) EXPEDITED PROCEDURES.—The Secretary of
State shall, in consultation with the Secretary of De-
fense, establish procedures for considering technical
assistance agreements and related amendments and
munitions license applications for the export of de-
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fense items related to missile defense not later than 30
days after receiving such agreements, amendments,
and munitions license applications, except in cases in
which the Secretary of State determines that addi-
tional time is required to complete a review of a tech-
nical assistance agreement or related amendment or
a munitions license application for foreign policy or
national security reasons, including concerns regard-
ing the proliferation of ballistic missile technology.
(2) STUDY
ON
COMPREHENSIVE
AUTHORIZA-
TIONS
FOR
MISSILE
DEFENSE.—The Secretary of
State shall, in consultation with the Secretary of De-
fense, examine the feasibility of providing major
project authorizations for programs related to missile
defense similar to the comprehensive export authoriza-
tion specified in section 126.14 of the International
Traffic in Arms Regulations (section 126.14 of title
22, Code of Federal Regulations).
(3) REPORT.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of
State shall, in consultation with the Secretary of De-
fense, submit to the Committee on Foreign Relations
and the Committee on Armed Services of the Senate
and the Committee on International Relations and
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the Committee on Armed Services of the House of
Representatives a report on—
(A) the implementation of the expedited
procedures required under paragraph (1); and
(B) the feasibility of providing the major
project authorization for projects related to mis-
sile defense described in paragraph (2).
(b) DEPARTMENT OF DEFENSE PROCEDURES FOR EX-
PEDITED REVIEW OF LICENSES FOR THE TRANSFER OF
DEFENSE ITEMS RELATED TO MISSILE DEFENSE.—
(1) PROCEDURES.—Not later than 180 days
after the date of the enactment of this Act, the Sec-
retary of Defense shall, in consultation with the Sec-
retary of State, prescribe procedures to increase the
efficiency and transparency of the practices used by
the Department of Defense to review technical assist-
ance agreements and related amendments and muni-
tions license applications related to international co-
operation on missile defense that are referred to the
Department.
(2) REPORT.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Secretary of State,
shall submit to the Committee on Armed Services and
the Committee on Foreign Relations of the Senate and
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the Committee on Armed Services and the Committee
on International Relations of the House of Represent-
atives a report—
(A) describing actions taken by the Sec-
retary of Defense to coordinate with the Sec-
retary of State the establishment of the expedited
review process described in subsection (a)(1);
(B) identifying key defense items related to
missile defense that are suitable for comprehen-
sive licensing procedures; and
(C) describing the procedures prescribed
pursuant to paragraph (1).
(c) DEFINITION OF DEFENSE ITEMS.—In this section,
the term ‘‘defense items’’ has the meaning given that term
in section 38(j)(4)(A) of the Arms Export Control Act (22
U.S.C. 2778(j)(4)(A)).
SEC. 1071. POLICY ON NONPROLIFERATION OF BALLISTIC
MISSILES.
(a) POLICY.—It is the policy of the United States to
develop, support, and strengthen international accords and
other cooperative efforts to curtail the proliferation of bal-
listic missiles and related technologies which could threaten
the territory of the United States, allies and friends of the
United States, and deployed members of the Armed Forces
of the United States with weapons of mass destruction.
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(b) SENSE OF CONGRESS.—(1) Congress makes the fol-
lowing findings:
(A) Certain countries are seeking to acquire bal-
listic missiles and related technologies that could be
used to attack the United States or place at risk
United States interests, forward-deployed members of
the Armed Forces, and allies and friends of the
United States.
(B) Certain countries continue to actively trans-
fer or sell ballistic missile technologies in contraven-
tion of standards of behavior established by the
United States and allies and friends of the United
States.
(C) The spread of ballistic missiles and related
technologies worldwide has been slowed by a combina-
tion of national and international export controls,
forward-looking diplomacy, and multilateral interdic-
tion activities to restrict the development and transfer
of such weapons and technologies.
(2) It is the sense of Congress that—
(A) the United States should vigorously pursue
foreign policy initiatives aimed at eliminating, reduc-
ing, or retarding the proliferation of ballistic missiles
and related technologies; and
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(B) the United States and the international com-
munity should continue to support and strengthen es-
tablished international accords and other cooperative
efforts, including United Nations Security Council
Resolution 1540 and the Missile Technology Control
Regime, that are designed to eliminate, reduce, or re-
tard the proliferation of ballistic missiles and related
technologies.
SEC. 1072. REIMBURSEMENT FOR CERTAIN PROTECTIVE,
SAFETY, 
OR 
HEALTH 
EQUIPMENT 
PUR-
CHASED BY OR FOR MEMBERS OF THE ARMED
FORCES FOR DEPLOYMENT IN OPERATIONS
IN IRAQ AND CENTRAL ASIA.
(a) REIMBURSEMENT REQUIRED.—(1) Subject to sub-
sections (c) and (d), the Secretary of Defense shall reim-
burse a member of the Armed Forces, or a person or entity
referred to in paragraph (2), for the cost (including ship-
ping cost) of any protective, safety, or health equipment
that was purchased by such member, or such person or enti-
ty on behalf of such member, before or during the deploy-
ment of such member in Operation Noble Eagle, Operation
Enduring Freedom, or Operation Iraqi Freedom for the use
of such member in connection with such operation if the
unit commander of such member certifies that such equip-
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(known as HUMVEEs), reimbursement shall be made under
subsection (a) only for armor or equipment purchased dur-
ing the period beginning on September 11, 2001, and end-
ing on July 31, 2004 or any date thereafter as determined
by the Secretary of Defense.
(2) In the case of any other protective, safety, and
health equipment, reimbursement shall be made under sub-
section (a) only for equipment purchased during the period
beginning on September 11, 2001, and ending on December
31, 2003 or any date thereafter as determined by the Sec-
retary of Defense.
(d) LIMITATION REGARDING AMOUNT OF REIMBURSE-
MENT.—The aggregate amount of reimbursement provided
under subsection (a) for any protective, safety, and health
equipment purchased by or on behalf of any given member
of the Armed Forces may not exceed the lesser of—
(1) the cost of such equipment (including ship-
ping cost); or
(2) $1,100.
(e) OWNERSHIP OF EQUIPMENT.—The Secretary may
provide, in regulations prescribed by the Secretary, that the
United States shall assume title or ownership of any protec-
tive, safety, or health equipment for which reimbursement
is provided under subsection (a).
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(f) FUNDING.—Amounts for reimbursements under
subsection (a) shall be derived from any amounts authorized
to be appropriated by this Act.
SEC. 1073. PRESERVATION OF SEARCH AND RESCUE CAPA-
BILITIES OF THE FEDERAL GOVERNMENT.
The Secretary of Defense may not reduce or eliminate
search and rescue capabilities at any military installation
in the United States unless the Secretary first certifies to
the Committees on Armed Services of the Senate and the
House of Representatives that equivalent search and rescue
capabilities will be provided, without interruption and con-
sistent with the policies and objectives set forth in the
United States National Search and Rescue Plan entered
into force on January 1, 1999, by—
(1) the Department of Interior, the Department
of Commerce, the Department of Homeland Security,
the Department of Transportation, the Federal Com-
munications Commission, or the National Aero-
nautics and Space Administration; or
(2) the Department of Defense, either directly or
through a Department of Defense contract with an
emergency medical service provider or other private
entity to provide such capabilities.
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SEC. 1074. GRANT OF FEDERAL CHARTER TO KOREAN WAR
VETERANS ASSOCIATION, INCORPORATED.
(a) GRANT OF CHARTER.—Part B of subtitle II of title
36, United States Code, is amended—
(1) by striking the following:
‘‘CHAPTER 1201—[RESERVED]’’; and
(2) by inserting the following:
‘‘CHAPTER 1201—KOREAN WAR VETERANS
ASSOCIATION, INCORPORATED
‘‘Sec.
‘‘120101. Organization.
‘‘120102. Purposes.
‘‘120103. Membership.
‘‘120104. Governing body.
‘‘120105. Powers.
‘‘120106. Restrictions.
‘‘120107. Duty to maintain corporate and tax-exempt status.
‘‘120108. Records and inspection.
‘‘120109. Service of process.
‘‘120110. Liability for acts of officers and agents.
‘‘120111. Annual report.
‘‘§ 120101. Organization
‘‘(a) FEDERAL CHARTER.—Korean War Veterans As-
sociation, Incorporated (in this chapter, the ‘corporation’),
incorporated in the State of New York, is a federally char-
tered corporation.
‘‘(b) EXPIRATION OF CHARTER.—If the corporation
does not comply with the provisions of this chapter, the
charter granted by subsection (a) expires.
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‘‘§ 120102. Purposes
‘‘The purposes of the corporation are as provided in
its articles of incorporation and include—
‘‘(1) organizing, promoting, and maintaining for
benevolent and charitable purposes an association of
persons who have seen honorable service in the Armed
Forces during the Korean War, and of certain other
persons;
‘‘(2) providing a means of contact and commu-
nication among members of the corporation;
‘‘(3) promoting the establishment of, and estab-
lishing, war and other memorials commemorative of
persons who served in the Armed Forces during the
Korean War; and
‘‘(4) aiding needy members of the corporation,
their wives and children, and the widows and chil-
dren of persons who were members of the corporation
at the time of their death.
‘‘§ 120103. Membership
‘‘Eligibility for membership in the corporation, and
the rights and privileges of members of the corporation, are
as provided in the bylaws of the corporation.
‘‘§ 120104. Governing body
‘‘(a) BOARD OF DIRECTORS.—The board of directors
of the corporation, and the responsibilities of the board of
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directors, are as provided in the articles of incorporation
of the corporation.
‘‘(b) OFFICERS.—The officers of the corporation, and
the election of the officers of the corporation, are as provided
in the articles of incorporation.
‘‘§ 120105. Powers
‘‘The corporation has only the powers provided in its
bylaws and articles of incorporation filed in each State in
which it is incorporated.
‘‘§ 120106. Restrictions
‘‘(a) STOCK AND DIVIDENDS.—The corporation may
not issue stock or declare or pay a dividend.
‘‘(b) POLITICAL ACTIVITIES.—The corporation, or a
director or officer of the corporation as such, may not con-
tribute to, support, or participate in any political activity
or in any manner attempt to influence legislation.
‘‘(c) LOAN.—The corporation may not make a loan to
a director, officer, or employee of the corporation.
‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
THORITY.—The corporation may not claim congressional
approval, or the authority of the United States, for any of
its activities.
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‘‘§ 120107. Duty to maintain corporate and tax-exempt
status
‘‘(a) CORPORATE STATUS.—The corporation shall
maintain its status as a corporation incorporated under
the laws of the State of New York.
‘‘(b) TAX-EXEMPT STATUS.—The corporation shall
maintain its status as an organization exempt from tax-
ation under the Internal Revenue Code of 1986 (26 U.S.C.
1 et seq.).
‘‘§ 120108. Records and inspection
‘‘(a) RECORDS.—The corporation shall keep—
‘‘(1) correct and complete records of account;
‘‘(2) minutes of the proceedings of its members,
board of directors, and committees having any of the
authority of its board of directors; and
‘‘(3) at its principal office, a record of the names
and addresses of its members entitled to vote on mat-
ters relating to the corporation.
‘‘(b) INSPECTION.—A member entitled to vote on mat-
ters relating to the corporation, or an agent or attorney
of the member, may inspect the records of the corporation
for any proper purpose, at any reasonable time.
‘‘§ 120109. Service of process
‘‘The corporation shall have a designated agent in the
District of Columbia to receive service of process for the cor-
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poration. Notice to or service on the agent is notice to or
service on the Corporation.
‘‘§ 120110. Liability for acts of officers and agents
‘‘The corporation is liable for the acts of its officers
and agents acting within the scope of their authority.
‘‘§ 120111. Annual report
‘‘The corporation shall submit an annual report to
Congress on the activities of the corporation during the pre-
ceding fiscal year. The report shall be submitted at the same
time as the report of the audit required by section 10101
of this title. The report may not be printed as a public docu-
ment.’’.
(b) CLERICAL AMENDMENT.—The table of chapters at
the beginning of subtitle II of title 36, United States Code,
is amended by striking the item relating to chapter 1201
and inserting the following new item:
‘‘1201. Korean War Veterans Association, Incorporated ..............................120101’’.
SEC. 1075. COORDINATION OF USERRA WITH THE INTERNAL
REVENUE CODE OF 1986.
(a) FINDINGS.—Congress makes the following findings:
(1) Employers of reservists called up for active
duty are required to treat them as if they are on a
leave of absence or furlough under the Uniformed
Services Employment and Reemployment Rights Act
of 1994 (in this section referred to as ‘‘USERRA’’).
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(2) USERRA does not require employers to pay
reservists who are on active duty, but many employ-
ers pay the reservists the difference between their
military stipends and their regular salaries. Some
employers provide this ‘‘differential pay’’ for up to 3
years.
(3) For employee convenience, many of these em-
ployers also allow deductions from the differential
payments for contributions to employer-provided re-
tirement savings plans.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Internal Revenue Service should, to the extent
it is able within its authority, provide guidance consistent
with the goal of promoting and ensuring the validity of vol-
untary differential pay arrangements, benefits payments,
and contributions to retirement savings plans related there-
to.
SEC. 1076. AERIAL FIREFIGHTING EQUIPMENT.
(a) FINDINGS.—Congress makes the following findings:
(1) The National Interagency Fire Center does
not possess an adequate number of aircraft for use in
aerial firefighting and personnel at the Center rely on
military aircraft to provide such firefighting services.
(2) It is in the national security interest of the
United States for the National Interagency Fire Cen-
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ter to purchase aircraft for use in aerial firefighting
so that military aircraft used for aerial firefighting
may be available for use by the Armed Forces.
(b) AUTHORITY TO PURCHASE AERIAL FIREFIGHTING
EQUIPMENT.—(1) The Secretary of Agriculture is author-
ized to purchase 10 aircraft, as described in paragraph (2),
for the National Interagency Fire Center for use in aerial
firefighting.
(2) The aircraft referred to in paragraph (1) shall be—
(A) aircraft that are specifically designed and
built for aerial firefighting;
(B) certified by the Administrator of the Federal
Aviation Administration for use in aerial fire-
fighting; and
(C) manufactured in a manner that is consistent
with the recommendations for aircraft used in aerial
firefighting contained in—
(i) the Blue Ribbon Panel Report to the
Chief of the Forest Service and the Director of
the Bureau of Land Management dated Decem-
ber 2002; and
(ii) the Safety Recommendation of the
Chairman of the National Transportation Safety
Board related to aircraft used in aerial fire-
fighting dated April 23, 2004.
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(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of Agri-
culture for fiscal year 2005 such funds as may be necessary
to purchase the 10 aircraft described in subsection (b).
SEC. 1077. SENSE OF SENATE ON AMERICAN FORCES RADIO
AND TELEVISION SERVICE.
(a) FINDINGS.—The Senate makes the following find-
ings:
(1) It is the mission of the American Forces
Radio and Television Service to provide United
States military commanders overseas and at sea with
a broadcast media resource to effectively communicate
Department of Defense, Service-unique, theater, and
local command information to personnel under their
commands and to provide United States military
members, Department of Defense civilians, and their
families stationed outside the continental United
States and at sea with the same type and quality of
American radio and television news, information,
sports, and entertainment that would be available to
them if they were in the continental United States.
(2) Key principles of American Forces Radio
and Television Service broadcasting policy, as out-
lined in Department of Defense Regulation 5120.20R,
are to ensure political programming characterized by
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fairness and balance and to provide a free flow of po-
litical programming from United States commercial
and public networks without manipulation or censor-
ship of any news content to the men and women of
the Armed Forces and their dependents.
(3) The stated policy of the American Forces
Radio and Television Service is to select program-
ming that represents a cross-section of popular Amer-
ican radio and television offerings and to emulate
stateside scheduling and programming seen and heard
in the United States.
(4) It is the policy of American Forces Radio
and Television Service to select news and public af-
fairs programs for airing that provide balance and
diversity from available nationally recognized pro-
gram sources, including broadcast and cable networks,
Headquarters, American Forces Radio and Television
Service, the military departments, and other govern-
ment or public service agencies.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the mission statement and policies of the American
Forces Radio and Television Service appropriately state the
goal of maintaining equal opportunity balance with respect
to political programming and that the Secretary of Defense
should therefore ensure that these policies are fully being
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implemented by developing appropriate methods of over-
sight to ensure presentation of all sides of important public
questions with the fairness and balance envisioned by the
Department of Defense throughout the American Forces
Radio and Television Service system.
SEC. 1078. SENSE OF CONGRESS ON AMERICA’S NATIONAL
WORLD WAR I MUSEUM.
(a) FINDINGS.—Congress makes the following findings:
(1) The Liberty Memorial Museum in Kansas
City, Missouri, was built in 1926 in honor of those
individuals who served in World War I in defense of
liberty and the Nation.
(2) The Liberty Memorial Association, a non-
profit organization which originally built the Liberty
Memorial Museum, is responsible for the finances, op-
erations, and collections management of the Liberty
Memorial Museum.
(3) The Liberty Memorial Museum is the only
public museum in the Nation that exists for the exclu-
sive purpose of interpreting the experiences of the
United States and its allies in the World War I years
(1914–1918), both on the battlefield and on the home
front.
(4) The Liberty Memorial Museum project began
after the 1918 Armistice through the efforts of a large-
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scale, grass-roots civic and fundraising effort by the
citizens and veterans of the Kansas City metropolitan
area. After the conclusion of a national architectural
design competition, ground was broken in 1921, con-
struction began in 1923, and the Liberty Memorial
Museum was opened to the public in 1926.
(5) In 1994, the Liberty Memorial Museum
closed for a massive restoration and expansion
project. The restored museum reopened to the public
on Memorial Day, 2002, during a gala rededication
ceremony.
(6) Exhibits prepared for the original museum
buildings presaged the dramatic, underground expan-
sion of core exhibition gallery space, with over 30,000
square feet of new interpretive and educational exhib-
its currently in development. The new exhibits, along
with an expanded research library and archives, will
more fully utilize the many thousands of historical
objects, books, maps, posters, photographs, diaries, let-
ters, and reminiscences of World War I participants
that are preserved for posterity in the Liberty Memo-
rial Museum’s collections. The new core exhibition is
scheduled to open on Veterans Day, 2006.
(7) The City of Kansas City, the State of Mis-
souri, and thousands of private donors and philan-
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thropic foundations have contributed millions of dol-
lars to build and later to restore this national treas-
ure. The Liberty Memorial Museum continues to re-
ceive the strong support of residents from the States
of Missouri and Kansas and across the Nation.
(8) Since the restoration and rededication of
2002, the Liberty Memorial Museum has attracted
thousands of visitors from across the United States
and many foreign countries.
(9) There remains a need to preserve in a mu-
seum setting evidence of the honor, courage, patriot-
ism, and sacrifice of those Americans who offered
their services and who gave their lives in defense of
liberty during World War I, evidence of the roles of
women and African Americans during World War I,
and evidence of other relevant subjects.
(10) The Liberty Memorial Museum seeks to edu-
cate a diverse group of audiences through its com-
prehensive collection of historical materials, empha-
sizing eyewitness accounts of the participants on the
battlefield and the home front and the impact of
World War I on individuals, then and now. The Lib-
erty Memorial Museum continues to actively acquire
and preserve such materials.
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(11) A great opportunity exists to use the invalu-
able resources of the Liberty Memorial Museum to
teach the ‘‘Lessons of Liberty’’ to the Nation’s school-
children through on-site visits, classroom curriculum
development, distance learning, and other educational
initiatives.
(12) The Liberty Memorial Museum should al-
ways be the Nation’s museum of the national experi-
ence in the World War I years (1914–1918), where
people go to learn about this critical period and
where the Nation’s history of this monumental strug-
gle will be preserved so that generations of the 21st
century may understand the role played by the
United States in the preservation and advancement of
democracy, freedom, and liberty in the early 20th cen-
tury.
(13) This initiative to recognize and preserve the
history of the Nation’s sacrifices in World War I will
take on added significance as the Nation approaches
the centennial observance of this event.
(14) It is fitting and proper to refer to the Lib-
erty Memorial Museum as ‘‘America’s National World
War I Museum’’.
(b) SENSE OF CONGRESS.—Congress—
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(1) recognizes the Liberty Memorial Museum in
Kansas City, Missouri, including the museum’s future
and expanded exhibits, collections, library, archives,
and educational programs, as ‘‘America’s National
World War I Museum’’;
(2) recognizes that the continuing collection,
preservation, and interpretation of the historical ob-
jects and other historical materials held by the Lib-
erty Memorial Museum enhance the knowledge and
understanding of the Nation’s people of the American
and allied experience during the World War I years
(1914–1918), both on the battlefield and on the home
front;
(3) commends the ongoing development and visi-
bility of ‘‘Lessons of Liberty’’ educational outreach
programs for teachers and students throughout the
Nation; and
(4) encourages the need for present generations to
understand the magnitude of World War I, how it
shaped the Nation, other countries, and later world
events, and how the sacrifices made then helped pre-
serve liberty, democracy, and other founding prin-
ciples for generations to come.
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SEC. 1079. REDUCTION OF BARRIERS FOR HISPANIC-SERV-
ING INSTITUTIONS IN DEFENSE CONTRACTS,
DEFENSE RESEARCH PROGRAMS, AND OTHER
MINORITY-RELATED DEFENSE PROGRAMS.
Section 502(a)(5)(C) of the Higher Education Act of
1965 (20 U.S.C. 1101a(a)(5)(C)) is amended by inserting
before the period the following: ‘‘, which assurances—
‘‘(i) may employ statistical extrapo-
lation using appropriate data from the Bu-
reau of the Census or other appropriate
Federal or State sources; and
‘‘(ii) the Secretary shall consider as
meeting the requirements of this subpara-
graph, unless the Secretary determines,
based on a preponderance of the evidence,
that the assurances do not meet the require-
ments’’.
SEC. 1080. EXTENSION OF SCOPE AND JURISDICTION FOR
CURRENT FRAUD OFFENSES.
(a) STATEMENTS OR ENTRIES GENERALLY.—Section
1001 of title 18, United States Code, is amended by adding
at the end the following:
‘‘(d) JURISDICTION.—There is extraterritorial Federal
jurisdiction over an offense under this section.
‘‘(e) PROSECUTION.—A prosecution for an offense
under this section may be brought—
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‘‘(1) in accordance with chapter 211 of this title;
or
‘‘(2) in any district where any act in further-
ance of the offense took place.’’.
(b) MAJOR FRAUD AGAINST THE UNITED STATES.—
Section 1031 of title 18, United States Code, is amended
by adding at the end the following:
‘‘(i) JURISDICTION.—There is extraterritorial Federal
jurisdiction over an offense under this section.
‘‘(j) PROSECUTION.—A prosecution for an offense
under this section may be brought—
‘‘(1) in accordance with chapter 211 of this title;
‘‘(2) in any district where any act in further-
ance of the offense took place; or
‘‘(3) in any district where any party to the con-
tract or provider of goods or services is located.’’.
SEC. 1081. CONTRACTOR ACCOUNTABILITY.
Section 3267(1)(A) of title 18, United States Code, is
amended to read as follows:
‘‘(A) employed as—
‘‘(i) a civilian employee of—
‘‘(I) the Department of Defense
(including a nonappropriated fund in-
strumentality of the Department); or
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‘‘(II) any other Federal agency, or
any provisional authority, to the extent
such employment relates to supporting
the mission of the Department of De-
fense overseas;
‘‘(ii) a contractor (including a subcon-
tractor at any tier) of—
‘‘(I) the Department of Defense
(including a nonappropriated fund in-
strumentality of the Department); or
‘‘(II) any other Federal agency, or
any provisional authority, to the extent
such employment relates to supporting
the mission of the Department of De-
fense overseas; or
‘‘(iii) an employee of a contractor (or
subcontractor at any tier) of—
‘‘(I) the Department of Defense
(including a nonappropriated fund in-
strumentality of the Department); or
‘‘(II) any other Federal agency, or
any provisional authority, to the extent
such employment relates to supporting
the mission of the Department of De-
fense overseas;’’.
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SEC. 1082. DEFINITION OF UNITED STATES.
Section 2340(3) of title 18, United States Code, is
amended to read as follows:
‘‘(3) ‘United States’ means the several States of
the United States, the District of Columbia, and the
commonwealths, territories, and possessions of the
United States.’’.
SEC. 1083. MENTOR-PROTEGE PILOT PROGRAM.
Section 831(m)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 1991 (Public Law 101–510; 10
U.S.C. 2302 note) is amended—
(1) in subparagraph (D), by striking ‘‘or’’ at the
end;
(2) in subparagraph (E), by striking the period
at the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(F) a small business concern owned and
controlled by service–disabled veterans (as de-
fined in section 8(d)(3) of the Small Business
Act); and
‘‘(G) a qualified HUBZone small business
concern (as defined in section 3(p) of the Small
Business Act).’’.
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SEC. 1084. BROADCAST DECENCY ENFORCEMENT ACT OF
2004.
(a) SHORT TITLE.—This section may be cited as the
‘‘Broadcast Decency Enforcement Act of 2004’’.
(b) PURPOSE.—The purpose of this section is to in-
crease the Federal Communications Commission’s (FCC)
authority to fine for indecent broadcasts and prevent fur-
ther relaxation of the media ownership rules in order to
stem the rise of indecent programming.
(c) FINDINGS.—The Congress makes the following find-
ings:
(1) Since 1996 there has been significant consoli-
dation in the media industry, including:
(A) RADIO.—Clear Channel Communica-
tions went from owning 43 radio stations prior
to 1996 to over 1,200 as of January 2003; Cu-
mulus Broadcasting, Inc. was established in
1997 and owned 266 stations as of December
2003, making it the second-largest radio owner-
ship company in the country; and Infinity
Broadcasting Corporation went from owning 43
radio stations prior to 1996 to over 185 stations
as of June 2004;
(B) TELEVISION.—Viacom/CBS’s national
ownership of television stations increased from
31.53 percent of United States television house-
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holds prior to 1996 to 38.9 percent in 2004; GE/
NBC’s national ownership of television stations
increased from 24.65 percent prior to 1996 to
33.56 percent in 2004; News Corp./Fox’s na-
tional ownership of television stations increased
from 22.05 percent prior to 1996 to 37.7 percent
in 2004;
(C) MEDIA
MERGERS.—In 2000, Viacom
merged with CBS and UPN; in 2002, GE/NBC
merged with Telemundo Communications, Inc.
and in 2004 with Vivendi Universal Entertain-
ment; in 2003 News Corp./Fox acquired a con-
trolling interest in DirecTV; in 2000, Time War-
ner, Inc. merged with America Online.
(2) Over the same period that there has been sig-
nificant consolidation in the media industry, the
number of indecency complaints also has increased
dramatically. The largest owners of television and
radio broadcast holdings have received the greatest
number of indecency complaints and the largest fines,
including:
(A) Over 80 percent of the fines proposed by
the Federal Communications Commission for in-
decent broadcasts were against stations owned by
two of the top three radio companies. The top
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radio company alone accounts for over two-
thirds of the fines proposed by the FCC;
(B) Two of the largest fines proposed by the
FCC were against two of the top three radio
companies;
(C) In 2004, the FCC received over 500,000
indecency complaints in response to the Super-
bowl Halftime show aired on CBS and produced
by MTV, both of which are owned by Viacom.
This is the largest number of complaints ever re-
ceived by the FCC for a single broadcast;
(D) The number of indecency complaints
increased from 111 in 2000 to 240,350 in 2003;
(3) Media conglomerates do not consider or re-
flect local community standards.
(A) The FCC has no record of a television
station owned by one of the big four networks
(Viacom/CBS, Disney/ABC, News Corp./Fox or
GE/NBC) pre-empting national programming
for failing to meet community standards;
(B) FCC records show that non-network
owned stations have often rejected national net-
work programming found to be indecent and of-
fensive to local community standards;
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(C) A letter from an owned and operated
station manager to a viewer stated that pro-
gramming decisions are made by network head-
quarters and not the local owned and operated
television station management;
(D) The Parents Television Council has
found that the ‘‘losers’’ of network ownership
‘‘are the local communities whose standards of
decency are being ignored;’’
(4) The Senate Commerce Committee has found
that the current fines do not deter indecent broadcast
because they are merely the cost of doing business for
large media companies. Therefore, in order to prevent
the continued rise of indecency violations, the FCC’s
authority for indecency fines should be increased and
further media consolidation should be prevented.
(d) INCREASE IN PENALTIES FOR OBSCENE, INDE-
CENT, AND PROFANE BROADCAST.—Section 503(b)(2) of the
Communications Act of 1934 (47 U.S.C. 503(b)(2)) is
amended.—
(1) by redesignating subparagraphs (C) and (D)
as subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
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‘‘(C) Notwithstanding subparagraph (A), if the
violator is—
‘‘(i)(I) a broadcast station licensee or per-
mittee; or
‘‘(II) an applicant for any broadcast li-
cense, permit, certificate, or other instrument or
authorization issued by the Commission; and
‘‘(ii) determined by the Commission under
paragraph (1) to have broadcast obscene, inde-
cent, or profane language, the amount of any
forfeiture penalty determined under this sub-
section shall not exceed $275,000 for each viola-
tion or each day of a continuing violation, ex-
cept that the amount assessed for any continuing
violation shall not exceed a total of $3,000,000
for any single act or failure to act.’’; and
(3) in subparagraph (D), as redesignated by
paragraph (1), by striking ‘‘subparagraph (A) or
(B)’’ and inserting ‘‘subparagraph (A), (B), or (C)’’.
(e) NEW BROADCAST MEDIA OWNERSHIP RULES SUS-
PENDED.—
(1) SUSPENSION.—Subject to the provisions of
paragraphs(d)(2), the broadcast media ownership
rules adopted by the Federal Communications Com-
mission on June 2, 2003, pursuant to its proceeding
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on broadcast media ownership rules, Report and
Order FCC–03–127, published at 68 FR 46286, Au-
gust 5, 2003, shall be invalid and without legal effect.
(2) CLARIFICATION.—The provisions of para-
graph (1) shall not supersede the amendments made
by section 629 of the Miscellaneous Appropriations
and Offsets Act, 2004 (Public Law 108–199).
(f) ADDITIONAL FACTORS IN INDECENCY PENALTIES;
EXCEPTION.—Section 503(b)(2) of the Communications Act
of 1934 (47 U.S.C. 503(b)(2)), is further amended by add-
ing at the end the following:
‘‘(F) In the case of a violation in which the violator
is determined by the Commission under paragraph (1) to
have uttered obscene, indecent, or profane material, the
Commission shall take into account, in addition to the mat-
ters described in subparagraph (E), the following factors
with respect to the degree of culpability of the violator:
‘‘(i) Whether the material uttered by the violator
was live or recorded, scripted or unscripted.
‘‘(ii) Whether the violator had a reasonable op-
portunity to review recorded or scripted programming
or had a reasonable basis to believe live or unscripted
programming would contain obscene, indecent, or
profane material.
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‘‘(iii) If the violator originated live or unscripted
programming, whether a time delay blocking mecha-
nism was implemented for the programming.
‘‘(iv) The size of the viewing or listening audi-
ence of the programming.
‘‘(v) Whether the obscene incident or profane lan-
guage was within live programming not produced by
the station licensee or permitee.
‘‘(vi) The size of the market.
‘‘(vii) Whether the violation occurred during a
children’s television program (as such term is used in
the Children’s Television Programming Policy ref-
erenced in section 73.4050(c) of the Commission’s reg-
ulations (47 C.F.R. 73.4050(c)) or during a television
program rated TVY, TVY7, TVY7FV, or TVG under
the TV Parental Guidelines as such ratings were ap-
proved by the Commission in implementation of sec-
tion 551 of the Telecommunications Act of 1996,
Video Programming Ratings, Report and Order, CS
Docket No. 97-55, 13 F.C.C. Rcd. 8232 (1998)), and,
with respect to a radio broadcast station licensee, per-
mittee, or applicant, whether the target audience was
primarily comprised of, or should reasonably have
been expected to be primarily comprised of, children.’’
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‘‘(G) The Commission may double the amount of any
forfeiture penalty (not to exceed $550,000 for the first viola-
tion, $750,000 for the second violation, and $1,000,000 for
the third or any subsequent violation not to exceed up to
$3,000,000 for all violations in a 24-hour time period not-
withstanding section 503(b)(2)(C)) if the Commission deter-
mines additional factors are present which are aggravating
in nature, including—
‘‘(i) whether the material uttered by the violator
was recorded or scripted;
‘‘(ii) whether the violator had a reasonable op-
portunity to review recorded or scripted programming
or had a reasonable basis to believe live or unscripted
programming would contain obscene, indecent, or
profane material;
‘‘(iii) whether the violator failed to block live or
unscripted programming;
‘‘(iv) whether the size of the viewing or listening
audience of the programming was substantially larger
than usual, such as a national or international cham-
pionship sporting event or awards program; and
‘‘(v) whether the violation occured during a chil-
dren’s television program (as defined in subpara-
graph (F) (vii)).’’
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SEC. 1085. CHILDREN’S PROTECTION FROM VIOLENT PRO-
GRAMMING ACT.
(a) SHORT TITLE.—This section may be cited as the
‘‘Children’s Protection from Violent Programming Act’’.
(b) FINDINGS.—The Congress makes the following
findings:
(1) Television influences children’s perception of
the values and behavior that are common and accept-
able in society.
(2) Broadcast television, cable television, and
video programming are—
(A) uniquely pervasive presences in the lives
of all American children; and
(B) readily accessible to all American chil-
dren.
(3) Violent video programming influences chil-
dren, as does indecent programming.
(4) There is empirical evidence that children ex-
posed to violent video programming at a young age
have a higher tendency to engage in violent and ag-
gressive behavior later in life than those children not
so exposed.
(5) There is empirical evidence that children ex-
posed to violent video programming have a greater
tendency to assume that acts of violence are accept-
able behavior and therefore to imitate such behavior.
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(6) There is empirical evidence that children ex-
posed to violent video programming have an in-
creased fear of becoming a victim of violence, result-
ing in increased self-protective behaviors and in-
creased mistrust of others.
(7) There is a compelling governmental interest
in limiting the negative influences of violent video
programming on children.
(8) There is a compelling governmental interest
in channeling programming with violent content to
periods of the day when children are not likely to
comprise a substantial portion of the television audi-
ence.
(9) A significant amount of violent program-
ming that is readily accessible to minors remains
unrated specifically for violence and therefore cannot
be blocked solely on the basis of its violent content.
(10) Age-based ratings that do not include con-
tent rating for violence do not allow parents to block
programming based solely on violent content thereby
rendering ineffective any technology-based blocking
mechanism designed to limit violent video program-
ming.
(11) The most recent study of the television rat-
ings system by the Kaiser Family Foundation con-
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cludes that 79 percent of violent programming is not
specifically rated for violence.
(12) Technology-based solutions, such as the V-
chip, may be helpful in protecting some children, but
cannot achieve the compelling governmental interest
in protecting all children from violent programming
when parents are only able to block programming
that has, in fact, been rated for violence.
(13) Restricting the hours when violent program-
ming can be shown protects the interests of children
whose parents are unavailable, unable to supervise
their children’s viewing behavior, do not have the ben-
efit of technology-based solutions, are unable to afford
the costs of technology-based solutions, or are unable
to determine the content of those shows that are only
subject to age-based ratings.
(14) After further study, pursuant to a rule-
making, the Federal Communications Commission
may conclude that content-based ratings and blocking
technology do not effectively protect children from the
harm of violent video programming.
(15) If the Federal Communications Commission
reaches the conclusion described in paragraph (14),
the channeling of violent video programming will be
the least restrictive means of limiting the exposure of
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children to the harmful influences of violent video
programming.
SEC. 1086. ASSESSMENT OF EFFECTIVENESS OF CURRENT
RATING SYSTEM FOR VIOLENCE AND EFFEC-
TIVENESS OF V-CHIP IN BLOCKING VIOLENT
PROGRAMMING.
(a) REPORT.—The Federal Communications Commis-
sion shall—
(1) assess the effectiveness of measures to require
television broadcasters and multichannel video pro-
gramming distributors (as defined in section 602(13)
of the Communications Act of 1934 (47 U.S.C.
522(13)) to rate and encode programming that could
be blocked by parents using the V-chip undertaken
under section 715 of the Communications Act of 1934
(47 U.S.C. 715) and under subsections (w) and (x) of
section 303 of that Act (47 U.S.C. 303(w) and (x))
in accomplishing the purposes for which they were en-
acted; and
(2) report its findings to the Committee on Com-
merce, Science, and Transportation of the United
States Senate and the Committee on Energy and
Commerce of the United States House of Representa-
tives, within 12 months after the date of enactment of
this Act, and annually thereafter.
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(b) ACTION.—If the Commission finds at any time, as
a result of its ongoing assessment under subsection (a), that
the measures referred to in subsection (a)(1) are insuffi-
ciently effective, then the Commission shall complete a rule-
making within 270 days after the date on which the Com-
mission makes that finding to prohibit the distribution of
violent video programming during the hours when children
are reasonably likely to comprise a substantial portion of
the audience.
(c) DEFINITIONS.—Any term used in this section that
is defined in section 715 of the Communications Act of 1934
(47 U.S.C. 715), or in regulations under that section, has
the same meaning as when used in that section or in those
regulations.
SEC. 1087. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO
PROGRAMMING THAT IS NOT SPECIFICALLY
RATED FOR VIOLENCE AND THEREFORE IS
NOT BLOCKABLE.
Title VII of the Communications Act of 1934 (47
U.S.C. 701 et seq.) is amended by adding at the end the
following:
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‘‘SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO
PROGRAMMING 
NOT 
SPECIFICALLY
BLOCKABLE BY ELECTRONIC MEANS.
‘‘(a) UNLAWFUL DISTRIBUTION.—It shall be unlawful
for any person to distribute to the public any violent video
programming not blockable by electronic means specifically
on the basis of its violent content during hours when chil-
dren are reasonably likely to comprise a substantial portion
of the audience.
‘‘(b) RULEMAKING PROCEEDING.—The Commission
shall conduct a rulemaking proceeding to implement the
provisions of this section and shall promulgate final regula-
tions pursuant to that proceeding not later than 9 months
after the date of enactment of the Children’s Protection from
Violent Programming Act. As part of that proceeding, the
Commission—
‘‘(1) may exempt from the prohibition under
subsection (a) programming (including news pro-
grams and sporting events) whose distribution does
not conflict with the objective of protecting children
from the negative influences of violent video program-
ming, as that objective is reflected in the findings in
section 551(a) of the Telecommunications Act of 1996;
‘‘(2) shall exempt premium and pay-per-view
cable programming and premium and pay-per-view
direct-to-home satellite programming; and
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‘‘(3) shall define the term ‘hours when children
are reasonably likely to comprise a substantial por-
tion of the audience’ and the term ‘violent video pro-
gramming’.
‘‘(c) ENFORCEMENT.—
‘‘(1) FORFEITURE PENALTY.—The forfeiture pen-
alties established by section 503(b) for violations of
section 1464 of title 18, United States Code, shall
apply to a violation of this section, or any regulation
promulgated under it in the same manner as if a vio-
lation of this section, or such a regulation, were a vio-
lation of law subject to a forfeiture penalty under that
section.
‘‘(2) LICENSE REVOCATION.—If a person repeat-
edly violates this section or any regulation promul-
gated under this section, the Commission shall, after
notice and opportunity for hearing, revoke any license
issued to that person under this Act.
‘‘(3) LICENSE
RENEWALS.—The Commission
shall consider, among the elements in its review of an
application for renewal of a license under this Act,
whether the licensee has complied with this section
and the regulations promulgated under this section.
‘‘(d) DEFINITIONS.—For purposes of this section—
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‘‘(1) BLOCKABLE BY ELECTRONIC MEANS.—The
term ‘blockable by electronic means’ means blockable
by the feature described in section 303(x).
‘‘(2) DISTRIBUTE.—The term ‘distribute’ means
to send, transmit, retransmit, telecast, broadcast, or
cablecast, including by wire, microwave, or satellite,
but it does not include the transmission, retrans-
mission, or receipt of any voice, data, graphics, or
video telecommunications accessed through an inter-
active computer service as defined in section 230(f)(2)
of the Communications Act of 1934 (47 U.S.C.
230(f)(2)), which is not originated or transmitted in
the ordinary course of business by a television broad-
cast station or multichannel video programming dis-
tributor as defined in section 602(13) of that Act (47
U.S.C. 522(13)).
‘‘(3) VIOLENT VIDEO PROGRAMMING.—The term
‘violent video programming’ as defined by the Com-
mission may include matter that is excessive or gra-
tuitous violence within the meaning of the 1992
Broadcast Standards for the Depiction of Violence in
Television Programs, December 1992.’’.
SEC. 1088. SEPARABILITY.
If any provision of this title, or any provision of an
amendment made by this title, or the application thereof
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to particular persons or circumstances, is found to be un-
constitutional, the remainder of this title or that amend-
ment, or the application thereof to other persons or cir-
cumstances shall not be affected.
SEC. 1089. EFFECTIVE DATE.
The prohibition contained in section 715 of the Com-
munications Act of 1934 (as added by section 204 of this
title) and the regulations promulgated thereunder shall take
effect 1 year after the regulations are adopted by the Com-
mission.
SEC. 1090. PILOT PROGRAM ON CRYPTOLOGIC SERVICE
TRAINING.
(a) PROGRAM AUTHORIZED.—The Director of the Na-
tional Security Agency may carry out a pilot program on
cryptologic service training for the intelligence community.
(b) OBJECTIVE OF PROGRAM.—The objective of the
pilot program is to increase the number of qualified entry-
level language analysts and intelligence analysts available
to the National Security Agency and the other elements of
the intelligence community through the directed prepara-
tion and recruitment of qualified entry-level language ana-
lysts and intelligence analysts who commit to a period of
service or a career in the intelligence community.
(c) PROGRAM SCOPE.—The pilot program shall be na-
tional in scope.
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(d) PROGRAM PARTICIPANTS.—(1) Subject to the pro-
visions of this subsection, the Director shall select the par-
ticipants in the pilot program from among individuals
qualified to participate in the pilot program utilizing such
procedures as the Director considers appropriate for pur-
poses of the pilot program.
(2) Each individual who receives financial assistance
under the pilot program shall perform one year of obligated
service with the National Security Agency, or another ele-
ment of the intelligence community approved by the Direc-
tor, for each academic year for which such individual re-
ceives such financial assistance upon such individual’s com-
pletion of post-secondary education.
(3) Each individual selected to participate in the pilot
program shall be qualified for a security clearance appro-
priate for the individual under the pilot program.
(4) The total number of participants in the pilot pro-
gram at any one time may not exceed 400 individuals.
(e) PROGRAM MANAGEMENT.—In carrying out the
pilot program, the Director shall—
(1) identify individuals interested in working in
the intelligence community, and committed to taking
college-level courses that will better prepare them for
a career in the intelligence community as a language
analysts or intelligence analyst;
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(2) provide each individual selected for partici-
pation in the pilot program—
(A) financial assistance for the pursuit of
courses at institutions of higher education se-
lected by the Director in fields of study that will
qualify such individual for employment by an
element of the intelligence community as a lan-
guage analyst or intelligence analyst; and
(B) educational counseling on the selection
of courses to be so pursued; and
(3) provide each individual so selected informa-
tion on the opportunities available for employment in
the intelligence community.
(f) DURATION OF PROGRAM.—(1) The Director shall
terminate the pilot program not later than six years after
the date of the enactment of this Act.
(2) The termination of the pilot program under para-
graph (1) shall not prevent the Director from continuing
to provide assistance, counseling, and information under
subsection (e) to individuals who are participating in the
pilot program on the date of termination of the pilot pro-
gram throughout the academic year in progress as of that
date.
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SEC. 1091. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) IN GENERAL.—Section 801(c) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8287(c)) is amend-
ed by striking ‘‘2003’’ and inserting ‘‘2005’’.
(b) PAYMENT OF COSTS.—Section 802 of the National
Energy Conservation Policy Act (42 U.S.C. 8287a) is
amended by inserting ‘‘, water, or wastewater treatment’’
after ‘‘payment of energy’’.
(c) ENERGY SAVINGS.—Section 804(2) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is
amended to read as follows:
‘‘(2) The term ‘energy savings’ means a reduc-
tion in the cost of energy, water, or wastewater treat-
ment, from a base cost established through a method-
ology set forth in the contract, used in an existing
federally owned building or buildings or other feder-
ally owned facilities as a result of—
‘‘(A) the lease or purchase of operating
equipment, improvements, altered operation and
maintenance, or technical services;
‘‘(B) the increased efficient use of existing
energy sources by cogeneration or heat recovery,
excluding any cogeneration process for other
than a federally owned building or buildings or
other federally owned facilities; or
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‘‘(C) the increased efficient use of existing
water sources in either interior or exterior appli-
cations.’’.
(d) ENERGY SAVINGS CONTRACT.—Section 804(3) of
the National Energy Conservation Policy Act (42 U.S.C.
8287c(3)) is amended to read as follows:
‘‘(3) The terms ‘energy savings contract’ and ‘en-
ergy savings performance contract’ mean a contract
that provides for the performance of services for the
design, acquisition, installation, testing, and, where
appropriate, operation, maintenance, and repair, of
an identified energy or water conservation measure or
series of measures at 1 or more locations. Such con-
tracts shall, with respect to an agency facility that is
a public building (as such term is defined in section
3301 of title 40, United States Code), be in compli-
ance with the prospectus requirements and procedures
of section 3307 of title 40, United States Code.’’.
(e) ENERGY OR WATER CONSERVATION MEASURE.—
Section 804(4) of the National Energy Conservation Policy
Act (42 U.S.C. 8287c(4)) is amended to read as follows:
‘‘(4) The term ‘energy or water conservation
measure’ means—
‘‘(A) an energy conservation measure, as de-
fined in section 551; or
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‘‘(B) a water conservation measure that im-
proves the efficiency of water use, is life-cycle
cost-effective, and involves water conservation,
water recycling or reuse, more efficient treatment
of wastewater or stormwater, improvements in
operation or maintenance efficiencies, retrofit ac-
tivities, or other related activities, not at a Fed-
eral hydroelectric facility.’’.
(f) REVIEW.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Energy shall
complete a review of the Energy Savings Performance Con-
tract program to identify statutory, regulatory, and admin-
istrative obstacles that prevent Federal agencies from fully
utilizing the program. In addition, this review shall iden-
tify all areas for increasing program flexibility and effec-
tiveness, including audit and measurement verification re-
quirements, accounting for energy use in determining sav-
ings, contracting requirements, including the identification
of additional qualified contractors, and energy efficiency
services covered. The Secretary shall report these findings
to Congress and shall implement identified administrative
and regulatory changes to increase program flexibility and
effectiveness to the extent that such changes are consistent
with statutory authority.
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(g) EXTENSION OF AUTHORITY.—Any energy savings
performance contract entered into under section 801 of the
National Energy Conservation Policy Act (42 U.S.C. 8287)
after October 1, 2003, and before the date of enactment of
this Act, shall be deemed to have been entered into pursuant
to such section 801 as amended by subsection (a) of this
section.
SEC. 1092. CLARIFICATION OF FISCAL YEAR 2004 FUNDING
LEVEL 
FOR 
A 
NATIONAL 
INSTITUTE 
OF
STANDARDS AND TECHNOLOGY ACCOUNT.
For the purposes of applying sections 204 and 605 of
the Departments of Commerce, Justice, and State, the Judi-
ciary, and Related Agencies Appropriations Act, 2004 (di-
vision B of Public Law 108–199) to matters in title II of
such Act under the heading ‘‘NATIONAL INSTITUTE
OF
STANDARDS AND TECHNOLOGY’’ (118 Stat.69), in the ac-
count under the heading ‘‘INDUSTRIAL TECHNOLOGY SERV-
ICES’’, the Secretary of Commerce shall make all determina-
tions based on the Industrial Technology Services funding
level of $218,782,000 for reprogramming and transferring
of funds for the Manufacturing Extension Partnership pro-
gram and shall submit such a reprogramming or transfer,
as the case may be, to the appropriate committees within
30 days after the date of the enactment of this Act.
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SEC. 1093. REPORT ON OFFSET REQUIREMENTS UNDER
CERTAIN CONTRACTS.
Section 8138(b) of the Department of Defense Appro-
priations Act, 2004 (Public Law 108–87; 117 Stat. 1106;
10 U.S.C. 2532 note) is amended by adding at the end the
following new paragraph:
‘‘(4) The extent to which any foreign country im-
poses, whether by law or practice, offsets in excess of
100 percent on United States suppliers of goods or
services, and the impact of such offsets with respect to
employment in the United States, sales revenue rel-
ative to the value of such offsets, technology transfer
of goods that are critical to the national security of
the United States, and global market share of United
States companies.’’.
TITLE XI—DEPARTMENT OF DE-
FENSE CIVILIAN PERSONNEL
POLICY
SEC. 1101. SCIENCE, MATHEMATICS, AND RESEARCH FOR
TRANSFORMATION (SMART) DEFENSE SCHOL-
ARSHIP PILOT PROGRAM.
(a) REQUIREMENT FOR PROGRAM.—(1) The Secretary
of Defense shall carry out a pilot program to provide finan-
cial assistance for education in science, mathematics, engi-
neering, and technology skills and disciplines that, as deter-
mined by the Secretary, are critical to the national security
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functions of the Department of Defense and are needed in
the Department of Defense workforce.
(2) The pilot program under this section shall be car-
ried out for three years beginning on October 1, 2004.
(b) SCHOLARSHIPS.—(1) Under the pilot program, the
Secretary of Defense may award a scholarship in accord-
ance with this section to a person who—
(A) is a citizen of the United States;
(B) is pursuing an undergraduate or advanced
degree in a critical skill or discipline described in
subsection (a) at an institution of higher education;
and
(C) enters into a service agreement with the Sec-
retary of Defense as described in subsection (c).
(2) The amount of the financial assistance provided
under a scholarship awarded to a person under this sub-
section shall be the amount determined by the Secretary of
Defense as being necessary to pay all educational expenses
incurred by that person, including tuition, fees, cost of
books, laboratory expenses, and expenses of room and board.
The expenses paid, however, shall be limited to those edu-
cational expenses normally incurred by students at the in-
stitution of higher education involved.
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(c) SERVICE AGREEMENT FOR RECIPIENTS OF ASSIST-
ANCE.—(1) To receive financial assistance under this
section—
(A) in the case of an employee of the Department
of Defense, the employee shall enter into a written
agreement to continue in the employment of the de-
partment for the period of obligated service deter-
mined under paragraph (2); and
(B) in the case of a person not an employee of
the Department of Defense, the person shall enter into
a written agreement to accept and continue employ-
ment in the Department of Defense for the period of
obligated service determined under paragraph (2).
(2) For the purposes of this subsection, the period of
obligated service for a recipient of a scholarship under this
section shall be the period determined by the Secretary of
Defense as being appropriate to obtain adequate service in
exchange for the financial assistance provided under the
scholarship. In no event may the period of service required
of a recipient be less than the total period of pursuit of
a degree that is covered by the scholarship. The period of
obligated service is in addition to any other period for
which the recipient is obligated to serve in the civil service
of the United States.
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(3) An agreement entered into under this subsection
by a person pursuing an academic degree shall include any
terms and conditions that the Secretary of Defense deter-
mines necessary to protect the interests of the United States
or otherwise appropriate for carrying out this section.
(d) REFUND FOR PERIOD OF UNSERVED OBLIGATED
SERVICE.—(1) A person who voluntarily terminates service
before the end of the period of obligated service required
under an agreement entered into under subsection (c) shall
refund to the United States an amount determined by the
Secretary of Defense as being appropriate to obtain ade-
quate service in exchange for financial assistance.
(2) An obligation to reimburse the United States im-
posed under paragraph (1) is for all purposes a debt owed
to the United States.
(3) The Secretary of Defense may waive, in whole or
in part, a refund required under paragraph (1) if the Sec-
retary determines that recovery would be against equity
and good conscience or would be contrary to the best inter-
ests of the United States.
(4) A discharge in bankruptcy under title 11, United
States Code, that is entered less than five years after the
termination of an agreement under this section does not dis-
charge the person signing such agreement from a debt aris-
ing under such agreement or under this subsection.
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(e) RELATIONSHIP TO OTHER PROGRAMS.—The pilot
program under this section is in addition to the authorities
provided in chapter 111 of title 10, United States Code.
The Secretary of Defense shall coordinate the provision of
financial assistance under the authority of this section with
the provision of financial assistance under the authorities
provided in such chapter in order to maximize the benefits
derived by the Department of Defense from the exercise of
all such authorities.
(f) RECOMMENDATION ON PILOT PROGRAM.—Not later
than February 1, 2007, the Secretary of Defense shall sub-
mit to the Committees on Armed Services of the Senate and
the House of Representatives, the Committee on Govern-
mental Affairs of the Senate, and the Committee on Govern-
ment Reform of the House of Representatives a plan for
expanding and improving the national defense science and
engineering workforce educational assistance pilot program
carried out under this section as appropriate to improve
recruitment and retention to meet the requirements of the
Department of Defense for its science and engineering work-
force on a short-term basis and on a long-term basis.
(g) CRITICAL HIRING NEED.—Section 3304(a)(3) of
title 5, United States Code, is amended by striking subpara-
graph (B) and inserting the following:
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‘‘(B)(i) the Office of Personnel Management
has determined that there exists a severe shortage
of candidates or there is a critical hiring need;
or
‘‘(ii) the candidate is a participant in the
Science, Mathematics, and Research for Trans-
formation (SMART) Defense Scholarship Pilot
Program under section 1101 of the National De-
fense Authorization Act for Fiscal Year 2005.’’.
(h) INSTITUTION OF HIGHER EDUCATION DEFINED.—
In this section, the term ‘‘institution of higher education’’
has the meaning given such term in section 101 of the High-
er Education Act of 1965 (21 U.S.C. 1001).
SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.
(a) ELIGIBILITY FOR SERVICE NOT RELATED TO CON-
TINGENCY OPERATIONS.—Section 1596a(a)(2) of title 10,
United States Code, is amended by striking ‘‘during a con-
tingency operation supported by the armed forces’’.
(b) EFFECTIVE
DATE
AND
APPLICABILITY.—The
amendment by this section shall take effect on October 1,
2004, and shall apply with respect to months beginning on
or after such date.
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SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY FOR
CIVILIAN INTELLIGENCE PERSONNEL.
(a) PAY RATES.—Section 1602(a) of title 10, United
States Code, is amended by striking ‘‘in relation to the rates
of pay provided in subpart D of part III of title 5 for posi-
tions subject to that subpart which have corresponding levels
of duties and responsibilities’’ and inserting ‘‘in relation
to the rates of pay provided for comparable positions in
the Department of Defense, including Senior Executive
Service positions (as defined in section 3132 of title 5) or
other senior level positions’’.
(b) PERFORMANCE APPRAISAL SYSTEM.—Section 1606
of such title is amended by adding at the end the following
new subsection:
‘‘(d) PERFORMANCE APPRAISALS.—(1) The Defense
Intelligence Senior Executive Service shall be subject to a
performance appraisal system which, as designed and ap-
plied, is certified by the Secretary of Defense under section
5307 of title 5 as making meaningful distinctions based on
relative performance.
‘‘(2) The performance appraisal system applicable to
the Defense Intelligence Senior Executive Service under
paragraph (1) may be the same performance appraisal sys-
tem that is established and implemented within the Depart-
ment of Defense for members of the Senior Executive Serv-
ice.’’.
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SEC. 1104. ACCUMULATION OF ANNUAL LEAVE BY INTEL-
LIGENCE SENIOR LEVEL EMPLOYEES.
Section 6304(f)(1) of title 5, United States Code, is
amended—
(1) in the matter preceding subparagraph (A),
by striking ‘‘in a position’’;
(2) in subparagraphs (A), (B), (C), (D), and
(E), by inserting ‘‘a position in’’ before ‘‘the’’;
(3) by striking ‘‘or’’ at the end of subparagraph
(D);
(4) by striking the period at the end of subpara-
graph (E) and inserting ‘‘; or’’; and
(5) by adding at the end the following new sub-
paragraph:
‘‘(F) a position designated as an Intelligence
Senior Level position under section 1607(a) of title
10.’’.
SEC. 1105. PAY PARITY FOR SENIOR EXECUTIVES IN DE-
FENSE NONAPPROPRIATED FUND INSTRU-
MENTALITIES.
(a) AUTHORITY.—Chapter 81 of title 10, United States
Code, is amended by inserting after section 1587 the fol-
lowing new section:
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‘‘§ 1587a. Employees of nonappropriated fund instru-
mentalities: senior executive pay levels
‘‘(a) AUTHORITY.—To achieve the objective stated in
subsection (b), the Secretary of Defense may regulate the
amount of total compensation that is provided for senior
executives of nonappropriated fund instrumentalities who,
for the fixing of pay by administrative action, are under
the jurisdiction of the Secretary of Defense or the Secretary
of a military department.
‘‘(b) PAY PARITY.—The objective of an action taken
with respect to the compensation of a senior executive under
subsection (a) is to provide for parity between the total com-
pensation provided for such senior executive and total com-
pensation that is provided for Department of Defense em-
ployees in Senior Executive Service positions or other sen-
ior executive positions.
‘‘(c) STANDARDS OF COMPARABILITY.—Subject to sub-
section (d), the Secretary of Defense shall prescribe the
standards of comparison that are to apply in the making
of the determinations necessary to achieve the objective stat-
ed in subsection (b).
‘‘(d) ESTABLISHMENT OF PAY RATES.—The Secretary
of Defense shall apply subsections (a) and (b) of section
5382 of title 5 in the regulation of compensation under this
section.
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‘‘(e) RELATIONSHIP TO PAY LIMITATION.—The Sec-
retary of Defense may exercise the authority provided in
subsection (a) without regard to section 5373 of title 5.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘compensation’ includes rate of
basic pay.
‘‘(2) The term ‘Senior Executive Service posi-
tion’ has the meaning given such term in section 3132
of title 5.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 1587 the following new item:
‘‘1587a. Employees of nonappropriated fund instrumentalities: senior executive
pay levels.’’.
SEC. 1106. HEALTH BENEFITS PROGRAM FOR EMPLOYEES
OF NONAPPROPRIATED FUND INSTRUMEN-
TALITIES.
(a) ESTABLISHMENT.—(1) Chapter 81 of title 10,
United States Code, as amended by section 1105(a), is fur-
ther amended by inserting after section 1587a the following
new section:
‘‘§ 1587b. Employees of nonappropriated fund instru-
mentalities: health benefits program
‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense
shall provide a uniform health benefits program for employ-
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ees of the Department of Defense assigned to a non-
appropriated fund instrumentality of the United States.
‘‘(b) EXEMPTION FROM STATE
AND LOCAL LAWS,
TAXES, AND OTHER REQUIREMENTS.—The exemption in
section 8909(f) of title 5 shall apply to the program under
subsection (a) and to a carrier, underwriting contractor,
and plan administration contractor under such program
in the same manner and to the same extent as such exemp-
tion applies under section 8909(f) of such title to an ap-
proved health benefits plan under chapter 89 of such title
and a carrier, underwriting subcontractor, and plan ad-
ministration subcontractor, respectively, of such a plan.’’.
(2) The table of sections at the beginning of such chap-
ter, as amended by section 1105(b), is further amended by
inserting after the item relating to section 1587a the fol-
lowing new item:
‘‘1587b. Employees of nonappropriated fund instrumentalities: health benefits pro-
gram.’’.
(b) REPEAL OF SUPERSEDED LAW.—Section 349 of
the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103–337; 108 Stat. 2727; 10 U.S.C. 1587
note) is repealed.
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SEC. 1107. BID PROTESTS BY FEDERAL EMPLOYEES IN AC-
TIONS UNDER OFFICE OF MANAGEMENT AND
BUDGET CIRCULAR A–76.
(a) ELIGIBILITY TO PROTEST.—(1) Section 3551(2) of
title 31, United States Code, is amended to read as follows:
‘‘(2) The term ‘interested party’—
‘‘(A) with respect to a contract or a solicita-
tion or other request for offers described in para-
graph (1), means an actual or prospective bidder
or offeror whose direct economic interest would
be affected by the award of the contract or by
failure to award the contract; and
‘‘(B) with respect to a public-private com-
petition conducted under Office of Management
and Budget Circular A–76 regarding perform-
ance of an activity or function of a Federal
agency, includes—
‘‘(i) any official who submitted the
agency tender in such competition; and
‘‘(ii) any one person who, for the pur-
pose of representing them in a protest under
this subchapter that relates to such competi-
tion, has been designated as their agent by
a majority of the employees of such Federal
agency who are engaged in the performance
of such activity or function.’’.
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(2)(A) Subchapter V of chapter 35 of such title is
amended by adding at the end the following new section:
‘‘§ 3557. Expedited action in protests for public-pri-
vate competitions
‘‘For protests in cases of public-private competitions
conducted under Office of Management and Budget Cir-
cular A–76 regarding performance of an activity or func-
tion of Federal agencies, the Comptroller General shall ad-
minister the provisions of this subchapter in a manner best
suited for expediting final resolution of such protests and
final action in such competitions.’’.
(B) The chapter analysis at the beginning of such
chapter is amended by inserting after the item relating to
section 3556 the following new item:
‘‘3557. Expedited action in protests for public-private competitions.’’.
(b) RIGHT TO INTERVENE IN CIVIL ACTION.—Section
1491(b) of title 28, United States Code, is amended by add-
ing at the end the following new paragraph:
‘‘(5) If a private sector interested party commences an
action described in paragraph (1) in the case of a public-
private competition conducted under Office of Management
and Budget Circular A–76 regarding performance of an ac-
tivity or function of a Federal agency, then an official or
person described in section 3551(2)(B) of title 31 shall be
entitled to intervene in that action.’’.
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(c) APPLICABILITY.—Subparagraph (B) of section
3551(2) of title 31, United States Code (as added by sub-
section (a)), and paragraph (5) of section 1491(b) of title
28, United States Code (as added by subsection (b)), shall
apply to—
(1) protests and civil actions that challenge final
selections of sources of performance of an activity or
function of a Federal agency that are made pursuant
to studies initiated under Office of Management and
Budget Circular A–76 on or after January 1, 2004;
and
(2) any other protests and civil actions that re-
late to public-private competitions initiated under Of-
fice of Management and Budget Circular A–76 on or
after the date of the enactment of this Act.
SEC. 1108. REPORT ON HOW TO RECRUIT AND RETAIN INDI-
VIDUALS WITH FOREIGN LANGUAGE SKILLS.
(a) FINDINGS.—Congress makes the following findings:
(1) The Federal Government has a requirement
to ensure that the employees of its departments and
agencies with national security responsibilities are
prepared to meet the challenges of this evolving inter-
national environment.
(2) According to a 2002 General Accounting Of-
fice report, Federal agencies have shortages in trans-
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lators and interpreters and an overall shortfall in the
language proficiency levels needed to carry out their
missions which has adversely affected agency oper-
ations and hindered United States military, law en-
forcement, intelligence, counterterrorism, and diplo-
matic efforts.
(3) Foreign language skills and area expertise
are integral to, or directly support, every foreign in-
telligence discipline and are essential factors in na-
tional security readiness, information superiority,
and coalition peacekeeping or warfighting missions.
(4) Communicating in languages other than
English and understanding and accepting cultural
and societal differences are vital to the success of
peacetime and wartime military and intelligence ac-
tivities.
(5) Proficiency levels required for foreign lan-
guage support to national security functions have
been raised, and what was once considered proficiency
is no longer the case. The ability to comprehend and
articulate technical and complex information in for-
eign languages has become critical.
(6) According to the Joint Intelligence Com-
mittee Inquiry into the 9/11 Terrorist Attacks, the In-
telligence Community had insufficient linguists prior
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to September 11, 2001, to handle the challenge it
faced in translating the volumes of foreign language
counterterrorism intelligence it collected. Agencies
within the Intelligence Community experienced back-
logs in material awaiting translation, a shortage of
language specialists and language-qualified field offi-
cers, and a readiness level of only 30 percent in the
most critical terrorism-related languages that are
used by terrorists.
(7) Because of this shortage, the Federal Govern-
ment has had to enter into private contracts to pro-
cure linguist and translator services, including in
some positions that would be more appropriately
filled by permanent Federal employees or members of
the United States Armed Forces.
(b) REPORT.—In its fiscal year 2006 budget request,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representa-
tives and the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives, a plan for expanding and im-
proving the national security foreign language workforce of
the Department of Defense as appropriate to improve re-
cruitment and retention to meet the requirements of the De-
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partment for its foreign language workforce on a short-term
basis and on a long-term basis.
SEC. 1109. PLAN ON IMPLEMENTATION AND UTILIZATION
OF FLEXIBLE PERSONNEL MANAGEMENT AU-
THORITIES IN DEPARTMENT OF DEFENSE
LABORATORIES.
(a) PLAN REQUIRED.—The Under Secretary of De-
fense for Acquisition, Technology, and Logistics and the
Under Secretary of Defense for Personnel and Readiness
shall jointly develop a plan for the effective utilization of
the personnel management authorities referred to in sub-
section (b) in order to increase the mission responsiveness,
efficiency, and effectiveness of Department of Defense lab-
oratories.
(b) COVERED AUTHORITIES.—The personnel manage-
ment authorities referred to in this subsection are the per-
sonnel management authorities granted to the Secretary of
Defense by the provisions of law as follows:
(1) Section 342(b) of the National Defense Au-
thorization Act for Fiscal Year 1995 (Public Law
103–337; 108 Stat. 2721), as amended by section
1114 of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106–398 (114 Stat. 1654A–315)).
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(2) Section 1101 of the Strom Thurmond Na-
tional Defense Authorization Act for Fiscal Year 1999
(Public Law 105–261; 5 U.S.C. 3104 note).
(3) Such other provisions of law as the Under
Secretaries jointly consider appropriate for purposes
of this section.
(c) PLAN ELEMENTS.—The plan under subsection (a)
shall—
(1) include such elements as the Under Secre-
taries jointly consider appropriate to provide for the
effective utilization of the personnel management au-
thorities referred to in subsection (b) as described in
subsection (a), including the recommendations of the
Under Secretaries for such additional authorities, in-
cluding authorities for demonstration programs or
projects, as are necessary to achieve the effective utili-
zation of such personnel management authorities; and
(2) include procedures, including a schedule for
review and decisions, on proposals to modify current
demonstration programs or projects, or to initiate
new demonstration programs or projects, on flexible
personnel management at Department laboratories
(d) SUBMITTAL
TO CONGRESS.—The Under Secre-
taries shall jointly submit to Congress the plan under sub-
section (a) not later than February 1, 2006.
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SEC. 1110. NONREDUCTION IN PAY WHILE FEDERAL EM-
PLOYEE IS PERFORMING ACTIVE SERVICE IN
THE UNIFORMED SERVICES OR NATIONAL
GUARD.
(a) SHORT TITLE.—This section may be cited as the
‘‘Reservists Pay Security Act of 2004’’.
(b) IN GENERAL.—Subchapter IV of chapter 55 of title
5, United States Code, is amended by adding at the end
the following:
‘‘§ 5538. Nonreduction in pay while serving in the uni-
formed services or National Guard
‘‘(a) An employee who is absent from a position of em-
ployment with the Federal Government in order to perform
active duty in the uniformed services pursuant to a call
or order to active duty under a provision of law referred
to in section 101(a)(13)(B) of title 10 shall be entitled, while
serving on active duty, to receive, for each pay period de-
scribed in subsection (b), an amount equal to the amount
by which—
‘‘(1) the amount of basic pay which would other-
wise have been payable to such employee for such pay
period if such employee’s civilian employment with
the Government had not been interrupted by that
service, exceeds (if at all)
‘‘(2) the amount of pay and allowances which
(as determined under subsection (d))—
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‘‘(A) is payable to such employee for that
service; and
‘‘(B) is allocable to such pay period.
‘‘(b)(1) Amounts under this section shall be payable
with respect to each pay period (which would otherwise
apply if the employee’s civilian employment had not been
interrupted)—
‘‘(A) during which such employee is entitled to
reemployment rights under chapter 43 of title 38 with
respect to the position from which such employee is
absent (as referred to in subsection (a)); and
‘‘(B) for which such employee does not otherwise
receive basic pay (including by taking any annual,
military, or other paid leave) to which such employee
is entitled by virtue of such employee’s civilian em-
ployment with the Government.
‘‘(2) For purposes of this section, the period during
which an employee is entitled to reemployment rights under
chapter 43 of title 38—
‘‘(A) shall be determined disregarding the provi-
sions of section 4312(d) of title 38; and
‘‘(B) shall include any period of time specified
in section 4312(e) of title 38 within which an em-
ployee may report or apply for employment or reem-
ployment following completion of service on active
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duty to which called or ordered as described in sub-
section (a).
‘‘(c) Any amount payable under this section to an em-
ployee shall be paid—
‘‘(1) by such employee’s employing agency;
‘‘(2) from the appropriation or fund which
would be used to pay the employee if such employee
were in a pay status; and
‘‘(3) to the extent practicable, at the same time
and in the same manner as would basic pay if such
employee’s civilian employment had not been inter-
rupted.
‘‘(d) The Office of Personnel Management shall, in con-
sultation with Secretary of Defense, prescribe any regula-
tions necessary to carry out the preceding provisions of this
section.
‘‘(e)(1) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office, pre-
scribe procedures to ensure that the rights under this section
apply to the employees of such agency.
‘‘(2) The Administrator of the Federal Aviation Ad-
ministration shall, in consultation with the Office, prescribe
procedures to ensure that the rights under this section apply
to the employees of that agency.
‘‘(f) For purposes of this section—
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‘‘(1) the terms ‘employee’, ‘Federal Government’,
and ‘uniformed services’ have the same respective
meanings as given them in section 4303 of title 38;
‘‘(2) the term ‘employing agency’, as used with
respect to an employee entitled to any payments
under this section, means the agency or other entity
of the Government (including an agency referred to in
section 2302(a)(2)(C)(ii)) with respect to which such
employee has reemployment rights under chapter 43
of title 38; and
‘‘(3) the term ‘basic pay’ includes any amount
payable under section 5304.’’.
(c) CLERICAL AMENDMENT.—The table of sections for
chapter 55 of title 5, United States Code, is amended by
inserting after the item relating to section 5537 the fol-
lowing:
‘‘5538. Nonreduction in pay while serving in the uniformed services or National
Guard.’’.
(d) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendments made by
this section shall apply with respect to pay periods
(as described in section 5538(b) of title 5, United
States Code, as amended by this section) beginning on
or after the date of enactment of this Act.
(2) CONDITIONAL RETROACTIVE APPLICATION.—
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(A) IN GENERAL.—The amendments made
by this section shall apply with respect to pay
periods (as described in section 5538(b) of title
5, United States Code, as amended by this sec-
tion) beginning on or after October 11, 2002
through the date of enactment of this Act, subject
to the availability of appropriations.
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
$100,000,000 for purposes of subparagraph (A).
TITLE 
XII—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF THE FORMER SO-
VIET UNION
SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Coop-
erative Threat Reduction programs are the programs speci-
fied in section 1501(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2005 COOPERATIVE THREAT REDUC-
TION FUNDS DEFINED.—As used in this title, the term ‘‘fis-
cal year 2005 Cooperative Threat Reduction funds’’ means
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the funds appropriated pursuant to the authorization of ap-
propriations in section 301 for Cooperative Threat Reduc-
tion programs.
(c) AVAILABILITY
OF FUNDS.—Funds appropriated
pursuant to the authorization of appropriations in section
301 for Cooperative Threat Reduction programs shall be
available for obligation for three fiscal years.
SEC. 1202. FUNDING ALLOCATIONS.
(a) FUNDING
FOR
SPECIFIC
PURPOSES.—Of the
$409,200,000 authorized to be appropriated to the Depart-
ment of Defense for fiscal year 2005 in section 301(19) for
Cooperative Threat Reduction programs, the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $58,522,000.
(2) For nuclear weapons storage security in Rus-
sia, $48,672,000.
(3) For nuclear weapons transportation security
in Russia, $26,300,000.
(4) For weapons of mass destruction prolifera-
tion prevention in the states of the former Soviet
Union, $40,030,000.
(5) For chemical weapons destruction in Russia,
$158,400,000.
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(6) For biological weapons proliferation preven-
tion in the former Soviet Union, $54,959,000.
(7) 
For 
defense 
and 
military 
contacts,
$8,000,000.
(8) For activities designated as Other Assess-
ments/Administrative Support, $14,317,000.
(b) REPORT ON OBLIGATION OR EXPENDITURE OF
FUNDS FOR OTHER PURPOSES.—No fiscal year 2005 Coop-
erative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (8) of subsection (a) until 30 days after
the date that the Secretary of Defense submits to Congress
a report on the purpose for which the funds will be obligated
or expended and the amount of funds to be obligated or ex-
pended. Nothing in the preceding sentence shall be construed
as authorizing the obligation or expenditure of fiscal year
2005 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifi-
cally prohibited under this title or any other provision of
law.
(c) LIMITED
AUTHORITY
TO
VARY
INDIVIDUAL
AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any
case in which the Secretary of Defense determines that it
is necessary to do so in the national interest, the Secretary
may obligate amounts appropriated for fiscal year 2005 for
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a purpose listed in any of the paragraphs in subsection (a)
in excess of the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any
of the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using
the authority provided in paragraph (1) only after—
(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of
the notification.
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for a purpose
stated in any of paragraphs (5) through (8) of subsection
(a) in excess of 125 percent of the specific amount author-
ized for such purpose.
SEC. 1203. MODIFICATION AND WAIVER OF LIMITATION ON
USE OF FUNDS FOR CHEMICAL WEAPONS DE-
STRUCTION FACILITIES IN RUSSIA.
(a) MODIFICATION OF LIMITATION.—Section 1305 of
the National Defense Authorization Act for Fiscal Year
2000 (22 U.S.C. 5952 note) is amended by striking ‘‘or ex-
pended’’.
(b) WAIVER AUTHORITY.—The conditions described in
section 1305 of the National Defense Authorization Act for
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Fiscal Year 2000, as amended by subsection (a), shall not
apply to the obligation of funds during a fiscal year for
the planning, design, or construction of a chemical weapons
destruction facility in Russia if the President submits to
Congress a written certification with respect to such fiscal
year that includes—
(1) a statement as to why the waiver of the con-
ditions during the fiscal year covered by such certifi-
cation is consistent with the national security inter-
ests of the United States; and
(2) a plan to promote a full and accurate disclo-
sure by Russia regarding the size, content, status, and
location of its chemical weapons stockpile.
SEC. 1204. INCLUSION OF DESCRIPTIVE SUMMARIES IN AN-
NUAL COOPERATIVE THREAT REDUCTION RE-
PORTS AND BUDGET JUSTIFICATION MATE-
RIALS.
Section 1307 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–
261; 112 Stat. 2165; 22 U.S.C. 5952 note) is amended—
(1) in subsection (a), by striking ‘‘as part of the
Secretary’s annual budget request to Congress’’ in the
matter preceding paragraph (1) and inserting ‘‘in the
materials and manner specified in subsection (c)’’;
and
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(2) by adding at the end the following new sub-
section:
‘‘(c) INCLUSION IN CERTAIN MATERIALS SUBMITTED
TO CONGRESS.—The summary required to be submitted to
Congress in a fiscal year under subsection (a) shall be set
forth by project category, and by amounts specified in para-
graphs (1) and (2) of that subsection in connection with
such project category, in each of the following:
‘‘(1) The annual report on activities and assist-
ance under Cooperative Threat Reduction programs
required in such fiscal year under section 1308 of the
Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public
Law 106–398).
‘‘(2) The budget justification materials submitted
to Congress in support of the Department of Defense
budget for the fiscal year succeeding such fiscal year
(as submitted with the budget of the President under
section 1105(a) of title 31, United States Code).’’.
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TITLE 
XIII—MEDICAL 
READI-
NESS TRACKING AND HEALTH
SURVEILLANCE
SEC. 1301. ANNUAL MEDICAL READINESS PLAN AND JOINT
MEDICAL 
READINESS 
OVERSIGHT 
COM-
MITTEE.
(a) REQUIREMENT FOR PLAN.—The Secretary of De-
fense shall develop a comprehensive plan to improve med-
ical readiness, and Department of Defense tracking of the
health status, of members of the Armed Forces throughout
their service in the Armed Forces, and to strengthen medical
readiness and tracking before, during, and after deployment
of the personnel overseas. The matters covered by the com-
prehensive plan shall include all elements that are described
in this title and the amendments made by this title and
shall comply with requirements in law.
(b) JOINT MEDICAL READINESS OVERSIGHT COM-
MITTEE.—
(1) ESTABLISHMENT.—The Secretary of Defense
shall establish a Joint Medical Readiness Oversight
Committee.
(2) COMPOSITION.—The members of the Com-
mittee are as follows:
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(A) The Under Secretary of Defense for Per-
sonnel and Readiness, who shall chair the Com-
mittee.
(B) The Assistant Secretary of Defense for
Health Affairs.
(C) The Assistant Secretary of Defense for
Reserve Affairs.
(D) The Surgeons General of the Armed
Forces.
(E) The Assistant Secretary of the Army for
Manpower and Reserve Affairs.
(F) The Assistant Secretary of the Navy for
Manpower and Reserve Affairs.
(G) The Assistant Secretary of the Air
Force for Manpower, Reserve Affairs, Installa-
tions, and Environment.
(H) The Chief of the National Guard Bu-
reau.
(I) The Chief of Army Reserve.
(J) The Chief of Naval Reserve.
(K) The Chief of Air Force Reserve.
(L) The Commander, Marine Corps Reserve.
(M) The Director of the Defense Manpower
Data Center.
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(N) A representative of the Department of
Veterans Affairs designated by the Secretary of
Veterans Affairs.
(O) Representatives of veterans and mili-
tary health advocacy organizations appointed to
the Committee by the Secretary of Defense.
(P) An individual from civilian life who is
recognized as an expert on military health care
treatment, including research relating to such
treatment.
(3) DUTIES.—The duties of the Committee are as
follows:
(A) To advise the Secretary of Defense on
the medical readiness and health status of the
members of the active and reserve components of
the Armed Forces.
(B) To advise the Secretary of Defense on
the compliance of the Armed Forces with the
medical readiness tracking and health surveil-
lance policies of the Department of Defense.
(C) To oversee the development and imple-
mentation of the comprehensive plan required by
subsection (a) and the actions required by this
title and the amendments made by this title, in-
cluding with respect to matters relating to—
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(i) the health status of the members of
the reserve components of the Armed Forces;
(ii) accountability for medical readi-
ness;
(iii) medical tracking and health sur-
veillance;
(iv) declassification of information on
environmental hazards;
(v) postdeployment health care for
members of the Armed Forces; and
(vi) compliance with Department of
Defense and other applicable policies on
blood serum repositories.
(D) To ensure unity and integration of ef-
forts across functional and organizational lines
within the Department of Defense with regard to
medical readiness tracking and health status sur-
veillance of members of the Armed Forces.
(E) To establish and monitor compliance
with the medical readiness standards that are
applicable to members and those that are appli-
cable to units.
(F) To improve continuity of care in co-
ordination with the Secretary of Veterans Af-
fairs, for members of the Armed Forces sepa-
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rating from active service with service-connected
medical conditions.
(G) To prepare and submit to the Secretary
of Defense and to the Committees on Armed
Services of the Senate and the House of Rep-
resentatives, not later than February 1 of each
year, a report on—
(i) the health status and medical readi-
ness of the members of the Armed Forces,
including the members of reserve compo-
nents, based on the comprehensive plan re-
quired under subsection (a) and the actions
required by this title and the amendments
made by this title; and
(ii) compliance with Department of
Defense policies on medical readiness track-
ing and health surveillance.
(4) FIRST MEETING.—The first meeting of the
Committee shall be held not later than 90 days after
the date of the enactment of this Act.
SEC. 1302. MEDICAL READINESS OF RESERVES.
(a) COMPTROLLER GENERAL STUDY OF HEALTH OF
RESERVES ORDERED TO ACTIVE DUTY FOR OPERATIONS
ENDURING FREEDOM AND IRAQI FREEDOM.—
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(1) REQUIREMENT
FOR
STUDY.—The Comp-
troller General of the United States shall carry out a
study of the health of the members of the reserve com-
ponents of the Armed Forces who have been called or
ordered to active duty for a period of more than 30
days in support of Operation Enduring Freedom and
Operation Iraqi Freedom. The Comptroller General
shall commence the study not later than 180 days
after the date of the enactment of this Act.
(2) PURPOSES.—The purposes of the study under
this subsection are as follows:
(A) To review the health status and medical
fitness of the activated Reserves when they were
called or ordered to active duty.
(B) To review the effects, if any, on logistics
planning and the deployment schedules for the
operations referred to in paragraph (1) that re-
sulted from deficiencies in the health or medical
fitness of activated Reserves.
(C) To review compliance of military per-
sonnel with Department of Defense policies on
medical and physical fitness examinations and
assessments that are applicable to the reserve
components of the Armed Forces.
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(3) REPORT.—The Comptroller General shall,
not later than one year after the date of the enact-
ment of this Act, submit a report on the results of the
study under this subsection to the Committees on
Armed Services of the Senate and the House of Rep-
resentatives. The report shall include the following
matters:
(A) With respect to the matters reviewed
under subparagraph (A) of paragraph (2)—
(i) the percentage of activated Reserves
who were determined to be medically unfit
for deployment, together with an analysis of
the reasons why the member was unfit, in-
cluding medical illnesses or conditions most
commonly found among the activated Re-
serves that were grounds for determinations
of medical unfitness for deployment; and
(ii) the percentage of the activated Re-
serves who, before being deployed, needed
medical care for health conditions identified
when called or ordered to active duty, to-
gether with an analysis of the types of care
that were provided for such conditions and
the reasons why such care was necessary.
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(B) With respect to the matters reviewed
under subparagraph (B) of paragraph (2)—
(i) the delays and other disruptions in
deployment schedules that resulted from de-
ficiencies in the health status or medical fit-
ness of activated Reserves; and
(ii) an analysis of the extent to which
it was necessary to merge units or otherwise
alter the composition of units, and the ex-
tent to which it was necessary to merge or
otherwise alter objectives, in order to com-
pensate for limitations on the deployability
of activated Reserves resulting from defi-
ciencies in the health status or medical fit-
ness of activated Reserves.
(C) With respect to the matters reviewed
under subparagraph (C) of paragraph (2), an
assessment of the extent of the compliance of re-
serve component personnel with Department of
Defense policies on routine medical and physical
fitness examinations that are applicable to the
reserve components of the Armed Forces.
(D) An analysis of the extent to which the
medical care, if any, provided to activated Re-
serves in each theater of operations referred to in
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paragraph (1) related to preexisting conditions
that were not adequately addressed before the de-
ployment of such personnel to the theater.
(4) DEFINITIONS.—In this subsection:
(A) The term ‘‘activated Reserves’’ means
the members of the Armed Forces referred to in
paragraph (1).
(B) The term ‘‘active duty for a period of
more than 30 days’’ has the meaning given such
term in section 101(d) of title 10, United States
Code.
(C) The term ‘‘health condition’’ includes a
mental health condition and a dental condition.
(D) The term ‘‘reserve components of the
Armed Forces’’ means the reserve components
listed in section 10101 of title 10, United States
Code.
(b) ACCOUNTABILITY FOR INDIVIDUAL AND UNIT MED-
ICAL READINESS.—
(1) POLICY.—The Secretary of Defense shall
issue a policy to ensure that individual members and
commanders of reserve component units fulfill their
responsibilities for medical and dental readiness of
members of the units on the basis of—
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(A) frequent periodic health assessment of
members (not less frequently than once every two
years) using the predeployment assessment proce-
dure required under section 1074f of title 10,
United States Code, as the minimum standard of
medical readiness; and
(B) any other information on the health
status of the members that is available to the
commanders.
(2) REVIEW AND FOLLOWUP CARE.—The regula-
tions under this subsection shall provide for review of
the health assessments under paragraph (1) by a med-
ical professional and for any followup care and treat-
ment that is needed for medical or dental readiness.
(3) MODIFICATION OF PREDEPLOYMENT HEALTH
ASSESSMENT SURVEY.—In meeting the policy under
paragraph (1), the Secretary shall—
(A) to the extent practicable, modify the
predeployment health assessment survey to bring
such survey into conformity with the detailed
postdeployment health assessment survey in use
as of October 1, 2004; and
(B) ensure the use of the predeployment
health assessment survey, as so modified, for
predeployment health assessments after that date.
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(c) UNIFORM POLICY
ON DEFERRAL
OF MEDICAL
TREATMENT PENDING DEPLOYMENT TO THEATERS OF OP-
ERATIONS.—
(1) REQUIREMENT FOR POLICY.—The Secretary
of Defense shall prescribe, for uniform applicability
throughout the Armed Forces, a policy on deferral of
medical treatment of members pending deployment.
(2) CONTENT.—The policy prescribed under
paragraph (1) shall specify the following matters:
(A) The circumstances under which treat-
ment for medical conditions may be deferred to
be provided within a theater of operations in
order to prevent delay or other disruption of a
deployment to that theater.
(B) The circumstances under which medical
conditions are to be treated before deployment to
that theater.
SEC. 1303. BASELINE HEALTH DATA COLLECTION PRO-
GRAM.
(a) REQUIREMENT FOR PROGRAM.—
(1) IN GENERAL.—Chapter 55 of title 10, United
States Code, is amended by inserting after section
1092 the following new section:
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‘‘§ 1092a. Persons entering the armed forces: baseline
health data
‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense
shall carry out a program—
‘‘(1) to collect baseline health data from all per-
sons entering the armed forces;
‘‘(2) to provide for computerized compilation
and maintenance of the baseline health data; and
‘‘(3) to analyze the data.
‘‘(b) PURPOSES.—The program under this section
shall be designed to achieve the following purposes:
‘‘(1) To facilitate understanding of how expo-
sures related to service in the armed forces affect
health.
‘‘(2) To facilitate development of early interven-
tion and prevention programs to protect health and
readiness.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by
inserting after the item relating to section 1092 the
following new item:
‘‘1092a. Persons entering the armed forces: baseline health data.’’.
(3) TIME FOR IMPLEMENTATION.—The Secretary
of Defense shall implement the program required
under section 1092a of title 10, United States Code
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(as added by paragraph (1)), not later than two years
after the date of the enactment of this Act.
(b) INTERIM STANDARDS FOR BLOOD SAMPLING.—The
Secretary of Defense shall require under the medical track-
ing system administered under section 1074f of title 10,
United States Code, that—
(1) 
the 
blood 
samples 
necessary 
for 
the
predeployment medical examination of a member of
the Armed Forces required under subsection (b) of
such section be drawn not earlier than 60 days before
the date of the deployment; and
(2) 
the 
blood 
samples 
necessary 
for 
the
postdeployment medical examination of a member of
the Armed Forces required under such subsection be
drawn not later than 30 days after the date on which
the deployment ends.
SEC. 1304. MEDICAL CARE AND TRACKING AND HEALTH
SURVEILLANCE IN THE THEATER OF OPER-
ATIONS.
(a) RECORDKEEPING POLICY.—The Secretary of De-
fense shall prescribe a policy that requires the records of
all medical care provided to a member of the Armed Forces
in a theater of operations to be maintained as part of a
complete health record for the member.
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(b) IN-THEATER MEDICAL TRACKING AND HEALTH
SURVEILLANCE.—
(1) REQUIREMENT FOR EVALUATION.—The Sec-
retary of Defense shall evaluate the system for the
medical tracking and health surveillance of members
of the Armed Forces in theaters of operations and
take such actions as may be necessary to improve the
medical tracking and health surveillance.
(2) REPORT.—Not later than one year after the
date of the enactment of this Act, the Secretary of De-
fense shall submit a report on the actions taken under
paragraph (1) to the Committees on Armed Services
of the Senate and the House of Representatives. The
report shall include the following matters:
(A) An analysis of the strengths and weak-
nesses of the medical tracking system adminis-
tered under section 1074f of title 10, United
States Code.
(B) An analysis of the efficacy of health
surveillance systems as a means of detecting—
(i) any health problems (including
mental health conditions) of members of the
Armed Forces contemporaneous with the
performance of the assessment under the
system; and
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(ii) exposures of the assessed members
to environmental hazards that potentially
lead to future health problems.
(C) An analysis of the strengths and weak-
nesses of such medical tracking and surveillance
systems as a means for supporting future re-
search on health issues.
(D) Recommended changes to such medical
tracking and health surveillance systems.
(E) A summary of scientific literature on
blood sampling procedures used for detecting and
identifying exposures to environmental hazards.
(F) An assessment of whether there is a
need for changes to regulations and standards for
drawing blood samples for effective tracking and
health surveillance of the medical conditions of
personnel before deployment, upon the end of a
deployment, and for a followup period of appro-
priate length.
(c) PLAN TO OBTAIN HEALTH CARE RECORDS FROM
ALLIES.—The Secretary of Defense shall develop a plan for
obtaining all records of medical treatment provided to
members of the Armed Forces by allies of the United States
in Operation Enduring Freedom and Operation Iraqi Free-
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dom. The plan shall specify the actions that are to be taken
to obtain all such records.
(d) POLICY ON IN-THEATER PERSONNEL LOCATOR
DATA.—Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall prescribe
a Department of Defense policy on the collection and dis-
semination of in-theater individual personnel location data.
SEC. 1305. DECLASSIFICATION OF INFORMATION ON EXPO-
SURES TO ENVIRONMENTAL HAZARDS.
(a) REQUIREMENT FOR REVIEW.—The Secretary of
Defense shall review and, as determined appropriate, revise
the classification policies of the Department of Defense with
a view to facilitating the declassification of data that is
potentially useful for the monitoring and assessment of the
health of members of the Armed Forces who have been ex-
posed to environmental hazards during deployments over-
seas, including the following data:
(1) In-theater injury rates.
(2) Data derived from environmental surveil-
lance.
(3) Health tracking and surveillance data.
(b) CONSULTATION WITH COMMANDERS OF THEATER
COMBATANT COMMANDS.—The Secretary shall, to the extent
that the Secretary considers appropriate, consult with the
senior commanders of the in-theater forces of the combatant
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commands in carrying out the review and revising policies
under subsection (a).
SEC. 1306. ENVIRONMENTAL HAZARDS.
(a) REPORT ON TRAINING OF FIELD MEDICAL PER-
SONNEL.—
(1) REQUIREMENT FOR REPORT.—Not later than
one year after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House
of Representatives a report on the training on envi-
ronmental hazards that is provided by the Armed
Forces to medical personnel of the Armed Forces who
are deployable to the field in direct support of combat
personnel.
(2) CONTENT.—The report under paragraph (1)
shall include the following:
(A) An assessment of the adequacy of the
training regarding—
(i) the identification of common envi-
ronmental hazards and exposures to such
hazards; and
(ii) the prevention and treatment of
adverse health effects of such exposures.
(B) A discussion of the actions taken and to
be taken to improve such training.
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(c) REPORT ON RESPONSES TO HEALTH CONCERNS OF
MEMBERS.—
(1) REQUIREMENT FOR REPORT.—Not later than
180 days after the date of the enactment of this Act,
the Assistant Secretary of Defense for Health Affairs
shall submit to the Secretary of Defense and the Com-
mittees on Armed Services of the Senate and the
House of Representatives a report on Department of
Defense responses to concerns expressed by members of
the Armed Forces during post-deployment health as-
sessments about possibilities that the members were
exposed to environmental hazards deleterious to the
members’ health during a deployment overseas.
(2) CONTENT.—The report regarding health con-
cerns submitted under paragraph (1) shall include the
following:
(A) A discussion of the actions taken by De-
partment of Defense officials to investigate the
circumstances underlying such concerns in order
to determine the validity of the concerns.
(B) A discussion of the actions taken by De-
partment of Defense officials to evaluate or treat
members and former members of the Armed
Forces who are confirmed to have been exposed
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to environmental hazards deleterious to their
health during deployments of the Armed Forces.
SEC. 1307. POST-DEPLOYMENT MEDICAL CARE RESPON-
SIBILITIES OF INSTALLATION COMMANDERS.
(a) REQUIREMENT
FOR
REGULATIONS.—The Sec-
retary of Defense shall prescribe a policy that requires the
commander of each military installation at which members
of the Armed Forces are to be processed upon redeployment
from an overseas deployment—
(1) to identify and analyze the anticipated
health care needs of such members before the arrival
of such members at that installation; and
(2) to report such needs to the Secretary.
(b) HEALTH CARE TO MEET NEEDS.—The policy
under this section shall include procedures for the com-
mander of each military installation described in subsection
(a) to meet the anticipated health care needs that are identi-
fied by the commander in the performance of duties under
the regulations, including the following:
(1) Arrangements for health care provided by the
Secretary of Veterans Affairs.
(2) Procurement of services from local health
care providers.
(3) Temporary employment of health care per-
sonnel to provide services at such installation.
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SEC. 1308. FULL IMPLEMENTATION OF MEDICAL READI-
NESS 
TRACKING 
AND 
HEALTH 
SURVEIL-
LANCE PROGRAM AND FORCE HEALTH PRO-
TECTION AND READINESS PROGRAM.
(a) IMPLEMENTATION AT ALL LEVELS.—The Secretary
of Defense, in conjunction with the Secretaries of the mili-
tary departments, shall take such actions as are necessary
to ensure that the Army, Navy, Air Force, and Marine
Corps fully implement at all levels—
(1) the Medical Readiness Tracking and Health
Surveillance Program under this title and the amend-
ments made by this title; and
(2) the Force Health Protection and Readiness
Program of the Department of Defense (relating to the
prevention of injury and illness and the reduction of
disease and noncombat injury threats).
(b) ACTION OFFICIAL.—The Secretary of Defense may
act through the Under Secretary of Defense for Personnel
and Readiness in carrying out subsection (a).
SEC. 1309. OTHER MATTERS.
(a) ANNUAL REPORTS.—
(1) REQUIREMENT FOR REPORTS.—
(A) Chapter 55 of title 10, United States
Code, is amended by inserting after section
1073a the following new section:
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‘‘§ 1073b. Recurring reports
‘‘(a) ANNUAL
REPORT
ON
HEALTH
PROTECTION
QUALITY.—(1) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House
of Representatives each year a report on the Force Health
Protection Quality Assurance Program of the Department
of Defense. The report shall include the following matters:
‘‘(A) The results of an audit of the extent to
which the serum samples required to be obtained from
members of the armed forces before and after a de-
ployment are stored in the serum repository of the
Department of Defense.
‘‘(B) The results of an audit of the extent to
which the health assessments required for members of
the armed forces before and after a deployment are
being maintained in the electronic database of the De-
fense Medical Surveillance System.
‘‘(C) An analysis of the actions taken by the De-
partment of Defense personnel to respond to health
concerns expressed by members of the armed forces
upon return from a deployment.
‘‘(D) An analysis of the actions taken by the Sec-
retary to evaluate or treat members and former mem-
bers of the armed forces who are confirmed to have
been exposed to occupational or environmental haz-
ards deleterious to their health during a deployment.
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‘‘(2) The Secretary of Defense shall act through the As-
sistant Secretary of Defense for Health Affairs in carrying
out this subsection.
‘‘(b) ANNUAL REPORT ON RECORDING OF HEALTH AS-
SESSMENT DATA IN MILITARY PERSONNEL RECORDS.—The
Secretary of Defense shall issue each year a report on the
compliance by the military departments with applicable
policies on the recording of health assessment data in mili-
tary personnel records. The report shall include a discussion
of the extent to which immunization status and
predeployment and postdeployment health care data is
being recorded in such records.’’.
(B) The table of sections at the beginning of
such chapter is amended by inserting after the
item relating to section 1073a the following new
item:
‘‘1073b. Recurring reports.’’.
(2) INITIAL REPORT.—The first report under sec-
tion 1073b(a) of title 10, United States Code (as
added by paragraph (1)), shall be completed not later
than 180 days after the date of the enactment of this
Act.
(b) INTERNET ACCESSIBILITY OF HEALTH ASSESS-
MENT
INFORMATION
FOR
MEMBERS
OF
THE
ARMED
FORCES.—Not later than one year after the date of the en-
actment of this Act, the Chief Information Officer of each
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military department shall ensure that the online portal
website of that military department includes the following
information relating to health assessments:
(1) Information on the Department of Defense
policies regarding predeployment and postdeployment
health assessments, including policies on the following
matters:
(A) Health surveys.
(B) Physical examinations.
(C) Collection of blood samples and other
tissue samples.
(2) Procedural information on compliance with
such policies, including the following information:
(A) Information for determining whether a
member is in compliance.
(B) Information on how to comply.
(3) Health assessment surveys that are either—
(A) web-based; or
(B) 
accessible 
(with 
instructions) 
in
printer-ready form by download.
SEC. 1310. USE OF CIVILIAN EXPERTS AS CONSULTANTS.
Nothing in this title or an amendment made by this
title shall be construed to limit the authority of the Sec-
retary of Defense to procure the services of experts outside
the Federal Government for performing any function to
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comply with requirements for readiness tracking and health
surveillance of members of the Armed Forces that are appli-
cable to the Department of Defense.
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 ap-
propriated pursuant to the authorization of appropriations
in section 2104(a)(1), the Secretary of the Army may ac-
quire real property and carry out military construction
projects for the installations and locations inside the United
States, and in the amounts, set forth in the following table:
Army: Inside the United States
State
Installation or location
Amount
Alabama .................................
Anniston Army Depot ......................
$23,690,000
Fort Rucker .......................................
$16,500,000
Alaska .....................................
Fort Richardson ...............................
$24,300,000
Fort Wainwright ..............................
$92,459,000
Arizona ...................................
Fort Huachuca .................................
$18,000,000
California ...............................
Fort Irwin .........................................
$38,100,000
Sierra Army Depot ..........................
$13,600,000
Colorado .................................
Fort Carson .......................................
$63,158,000
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 Field .............................
$11,200,000
Pohakuloa Training Area ................
$40,000,000
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Army: Inside the United States—Continued
State
Installation or location
Amount
Schofield Barracks ...........................
$162,792,000
Wheeler Army Air Field ..................
$24,000,000
Kansas ....................................
Fort Riley .........................................
$59,550,000
Kentucky ................................
Fort Campbell ...................................
$92,000,000
Fort Knox .........................................
$75,750,000
Louisiana ...............................
Fort Polk ...........................................
$70,953,000
Maryland ...............................
Aberdeen Proving Ground ...............
$13,000,000
Missouri .................................
Fort Leonard Wood ..........................
$28,150,000
New Mexico ............................
White Sands Missile Range .............
$33,000,000
New York ................................
Fort Drum ........................................
$7,950,000
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
Pennsylvania .........................
Letterkenny Depot ............................
$11,400,000
Texas ......................................
Fort Bliss ..........................................
$20,100,000
Fort Hood .........................................
$78,088,000
Fort Sam Houston ...........................
$11,400,000
Virginia ..................................
Fort A.P. Hill ...................................
$14,775,000
Fort Myer ..........................................
$49,526,000
Washington ............................
Fort Lewis .........................................
$57,200,000
Total ..........................................
$1,563,800,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(2), the Secretary of the Army may
acquire real property and carry out military construction
projects for the installations and locations outside the
United States, and in the amounts, set forth in the following
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-
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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 or Country
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 Grounds ......
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
Total ....
$394,900,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may carry
out architectural and engineering services and construction
design activities with respect to the construction or im-
provement 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 author-
ization of appropriations in section 2104(a)(5)(A), the Sec-
retary of the Army may improve existing military family
housing units in an amount not to exceed $211,990,000.
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SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2004, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the
Army in the total amount of $3,507,891,000, as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2101(a),
$1,534,500,000.
(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, $154,335,000.
(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.
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(6) For the construction of phase 3 of a barracks
complex renewal, Capron Road, Schofield Barracks,
Hawaii, 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),
$48,000,000.
(7) For the construction of phase 3 of a mainte-
nance complex at Fort Sill, Oklahoma, authorized by
section 2101(a) of the Military Construction Author-
ization Act for Fiscal Year 2003 (division B of Public
Law 107–314; 116 Stat. 2681), as amended by section
2106 of this Act, $13,100,000.
(8) For the construction of phase 2 of a barracks
complex, 5th and 16th Street, at Fort Stewart/Hunter
Army Air Field, Georgia, 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), as amended by section
2105 of this Act, $32,950,000.
(9) For the construction of phase 2 of the Lewis
and Clark instructional facility, at Fort Leavenworth,
Kansas, 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),
$44,000,000.
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(10) For the construction of phase 2 of a bar-
racks complex at Wheeler Sack Army Air Field, 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), as amended by section 2105 of this Act,
$48,000,000.
(11) For the construction of phase 2 of a bar-
racks complex, Bastogne Drive, at Fort Bragg, North
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.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2101 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a);
(2) $41,000,000 (the balance of the amount au-
thorized under section 2101(a) for an upgrade to
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Drum Road at the Helemano Military Reservation,
Hawaii);
(3) $25,000,000 (the balance of the amount au-
thorized under section 2101(a) to construct a vehicle
maintenance facility at Schofield Barracks, Hawaii);
(4) $25,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a
barracks complex, 42nd Street and Indiana Avenue,
at Fort Campbell, Kentucky);
(5) $22,000,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
a basic combat training complex at Fort Knox, Ken-
tucky);
(6) $31,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a
barracks complex, Blackjack Street, Fort Bragg, North
Carolina); and
(7) $25,500,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a
library and learning center at the United States Mili-
tary Academy, New York).
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SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2004 PROJECTS.
The table in section 2101(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2004 (division B
of Public Law 108–136; 117 Stat. 1697) is amended—
(1) in the item relating to Fort Stewart, Geor-
gia, by striking ‘‘$113,500,000’’ in the amount col-
umn and inserting ‘‘$114,450,000’’;
(2) in the item relating to Fort Drum, New
York, by striking ‘‘$130,700,000’’ in the amount col-
umn and inserting ‘‘$135,700,000’’; and
(3) by striking the amount identified as the total
in 
the 
amount 
column 
and 
inserting
‘‘$1,043,150,000’’.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2003 PROJECT.
The table in section 2101(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2003 (division B
of Public Law 107–314; 116 Stat. 2681), as amended by
section 2105(a)(2) of the Military Construction Authoriza-
tion Act for Fiscal Year 2004 (division B of Public Law
108–136; 117 Stat. 1701), is further amended—
(1) in the item relating to Fort Sill, Oklahoma,
by striking ‘‘$39,652,000’’ in the amount column and
inserting ‘‘$40,752,000’’; and
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(2) by striking the amount identified as the total
in 
the 
amount 
column 
and 
inserting
‘‘$1,157,267,000’’.
TITLE XXII—NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2204(a)(1), the Secretary of the Navy may ac-
quire real property and carry out military construction
projects for the installations and 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 Pendleton .......
$38,455,000
Naval Air Facility, El Centro ...................
$54,331,000
Recruit Depot, San Diego ..........................
$8,110,000
Connecticut ......................
Naval Submarine Base, New London .......
$50,302,000
District of Columbia .......
Naval Observatory, Washington ................
$3,239,000
Florida ..............................
Eglin Air Force Base .................................
$2,060,000
Naval Station, Mayport .............................
$6,200,000
Georgia .............................
Strategic 
Weapons 
Facility 
Atlantic,
Kings Bay ...............................................
$16,000,000
Illinois ..............................
Naval Training Station, Great Lakes ......
$74,781,000
Maine ................................
Naval Air Station, Brunswick ..................
$4,690,000
Portsmouth Naval Station .........................
$7,860,000
Maryland ..........................
Naval Surface Warfare Center, Indian
Head ........................................................
$13,900,000
Mississippi .......................
Naval Construction Battalion Center,
Gulfport ...................................................
$4,350,000
Nevada ..............................
Naval Air Station, Fallon .........................
$4,980,000
North Carolina ................
Marine Corps Air Station, New River .....
$35,140,000
Marine Corps Base, Camp Lejeune ...........
$13,420,000
Washington County ....................................
$136,900,000
Rhode Island ....................
Naval Station Newport ..............................
$9,080,000
South Carolina ................
Naval Weapons Station, Charleston ..........
$18,140,000
Virginia ............................
Camp Elmore Marine Corps Detachment
$13,500,000
Marine Corps Base, Quantico ...................
$46,270,000
Naval Air Station, Oceana ........................
$2,770,000
Naval Amphibious Base, Little Creek .......
$2,850,000
Naval Station, Norfolk ...............................
$4,330,000
Naval Weapons Station, Yorktown ...........
$9,870,000
Washington ......................
Naval Shipyard Puget Sound, Bremerton
$20,305,000
Naval Station, Bremerton ..........................
$74,125,000
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Navy: Inside the United States—Continued
State
Installation or location
Amount
Strategic Weapons Facility Pacific, Ban-
gor ............................................................
$131,090,000
Total ....................................................
$833,718,000
(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 locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
Country
Installation or location
Amount
Diego Garcia ....................
Naval Support Facility, Diego Garcia .......
$17,500,000
Guam ................................
Naval Station, Guam ...................................
$33,200,000
Italy ..................................
Sigonella ........................................................
$22,550,000
Total ......................................................
$73,250,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2204(a)(3), the Secretary of the Navy may ac-
quire real property and carry out military construction
projects for the installations or locations, and in the
amount, set forth in the following table:
Navy: Unspecified Worldwide
Location
Installation or location
Amount
Worldwide Unspecified ....
Unspecified Worldwide .................................
$52,658,000
Total ......................................................
$52,658,000
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2204(a)(6)(A), the Sec-
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retary of the Navy 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:
Navy: Family Housing
State
Installation or Location
Purpose
Amount
North Carolina ................
Marine Corps Air Station,
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 author-
ization of appropriations in section 2204(a)(6)(A), the Sec-
retary 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.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2004, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the
Navy in the total amount of $1,843,716,000, as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2201(a),
$694,338,000.
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(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2201(b),
$73,250,000.
(3) For military construction projects at unspec-
ified worldwide locations authorized by section
2201(c), $18,560,000.
(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 phase 2 of the ter-
tiary sewage treatment plant at Marine Corps Base,
Camp Pendleton, California, authorized by section
2201(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law
108–136; 117 Stat. 1703), $25,690,000.
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(8) For the construction of phase 2 of the general
purpose berthing pier at Naval Weapons Station,
Earle, New Jersey, authorized by section 2201(a) of
the Military Construction Authorization Act for Fis-
cal Year 2004, $49,200,000.
(9) For the construction of phase 2 of pier 11 re-
placement at Naval Station, Norfolk, Virginia, au-
thorized by section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2004,
$40,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2201 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1), (2), and (3) of sub-
section (a);
(2) $21,000,000 (the balance of the amount au-
thorized under section 2201(a) for the replacement of
an aircraft parking apron and hangar at Naval Air
Facility El Centro, California);
(3) $70,000,000 (the balance of the amount au-
thorized under section 2201(a) to acquire land inter-
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ests for an outlying landing field in Washington
County, North Carolina);
(4) $95,320,000 (the balance of the amount au-
thorized under section 2201(a) for construction of a
limited area production and storage complex at the
Strategic Weapons Facility Pacific, Bangor, Wash-
ington); and
(5) $40,000,000 (the balance of the amount au-
thorized under section 2201(a) for the construction of
a bachelor enlisted quarters at Naval Station Brem-
erton, Washington).
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2004 PROJECTS.
The table in section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2004 (division B
of Public Law 108–136; 117 Stat. 1703) is amended—
(1) in the item relating to Various Locations,
CONUS, by striking ‘‘$56,360,000’’ in the amount
column and inserting ‘‘$61,510,000’’; and
(2) by striking the amount identified as the total
in 
the 
amount 
column 
and 
inserting
‘‘$1,341,022,000’’.
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TITLE XXIII—AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2304(1), the Secretary of the Air Force may ac-
quire real property and carry out military construction
projects for the installations and locations inside the United
States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
State
Installation or location
Amount
Alaska .......................................
Elmendorf Air Force Base ...................
$54,057,000
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
Delaware ...................................
Dover Air Force Base ...........................
$9,500,000
Florida ......................................
Patrick Air Force Base ........................
$8,800,000
Georgia ......................................
Moody Air Force Base .........................
$9,600,000
Robins Air Force Base .........................
$15,000,000
Hawaii ......................................
Hickam Air Force Base .......................
$34,400,000
Maui Site ..............................................
$7,500,000
Louisiana ..................................
Barksdale Air Force Base ....................
$13,800,000
Maryland ..................................
Andrews Air Force Base ......................
$17,100,000
Mississippi ................................
Columbus Air Force Base ....................
$7,700,000
Montana ....................................
Malmstrom Air Force Base .................
$5,600,000
Nebraska ...................................
Offut Air Force Base ............................
$6,721,000
New Mexico ...............................
Cannon Air Force Base .......................
$9,500,000
North Carolina .........................
Pope Air Force Base ............................
$15,150,000
North Dakota ............................
Minot Air Force Base ..........................
$9,900,000
Ohio ...........................................
Wright-Patterson Air Force Base .......
$9,200,000
Oklahoma ..................................
Altus Air Force Base ............................
$10,500,000
Tinker Air Force Base .........................
$8,000,000
South Carolina .........................
Shaw Air Force Base ...........................
$3,300,000
South Dakota ...........................
Ellsworth Air Force Base ....................
$11,800,000
Tennessee ...................................
Arnold Air Force Base .........................
$22,000,000
Texas .........................................
Dyess Air Force Base ...........................
$11,000,000
Lackland Air Force Base .....................
$2,596,000
Sheppard Air Force Base ....................
$50,284,000
Utah ..........................................
Hill Air Force Base .............................
$20,813,000
Wyoming ...................................
F.E. Warren Air Force Base ...............
$5,500,000
Total ......................................................
$452,023,000
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(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(2), the Secretary of the Air Force may
acquire real property and carry out military construction
projects for the installations and locations outside the
United States, and in the amounts, set forth in the following
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
Korea .........................................
Kunsan Air Base ..................................
$37,100,000
Osan Air Base ......................................
$18,600,000
Portugal ....................................
Lajes Field, Azores ...............................
$5,689,000
United Kingdom ......................
Royal Air Force, Lakenheath ..............
$5,500,000
Total ..............................................
$138,446,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2304(3), the Secretary of the Air Force may ac-
quire real property and carry out military construction
projects for the installations and locations, and in the
amounts, set forth in the following table:
Air Force: Unspecified Worldwide
Location
Installation or location
Amount
Worldwide Classified ...............
Worldwide Unspecified Classified .......
$28,794,000
Worldwide Unspecified ............
Worldwide Unspecified ........................
$26,121,000
Total ..............................................
$54,915,000
SEC. 2302. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
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propriations in section 2304(6)(A), the Secretary of the Air
Force 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:
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
Mainte-
nance Fa-
cility.
$1,250,000
Idaho ................................
Mountain Home Air Force
Base ..................................
147 Units .....
$39,333,000
Mississippi .......................
Columbus Air Force Base ...
Family
Housing
Manage-
ment Fa-
cility.
$711,000
Missouri ...........................
Whiteman Air Force Base ...
160 Units .....
$37,087,000
Montana ...........................
Malmstrom Air Force Base
115 Units .....
$29,910,000
North Carolina ................
Seymour Johnson Air Force
Base ..................................
167 Units .....
$32,693,000
North Dakota ...................
Grand Forks Air Force Base
90 Units .......
$26,169,000
Minot Air Force Base ..........
142 Units .....
$37,087,000
South Carolina ................
Charleston Air Force Base ..
Fire Station
$1,976,000
South Dakota ..................
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 ..................
Family
Housing
Office.
$2,542,000
Korea ................................
Osan Air Base ......................
117 Units .....
$46,834,000
United Kingdom .............
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(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
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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, Unites States Code,
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2304(6)(A), the Sec-
retary of the Air Force may improve existing military fam-
ily housing units in an amount not to exceed $238,353,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR
FORCE.
(a) AUTHORIZATION OF APPROPRIATION.—Funds are
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2004, for military construction,
land acquisition, and military family housing functions of
the Department of the Air Force in the total amount of
$2,485,542,000, as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2301(a),
$452,023,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2301(b),
$138,446,000.
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(3) For military construction projects at unspec-
ified worldwide locations authorized by section
2301(c), $54,915,000.
(4) For unspecified minor 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, $124,085,000.
(6) For military housing functions:
(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), $856,114,000.
(b) OFFSET FOR CERTAIN MILITARY CONSTRUCTION
PROJECT.—The amount authorized to be appropriated by
section 421 for military personnel is hereby reduced by
$5,500,000, with the amount of the reduction to be derived
from excess amounts authorized for military personnel of
the Air Force.
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TITLE XXIV—DEFENSE
AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2404(a)(1), the Secretary of Defense may acquire
real property and carry out military construction projects
for the installations and 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 .........
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, Virginia .........
$3,589,000
Marine Corps Air Station, Cherry
Point, North Carolina .....................
$22,700,000
Naval Air Station, Kingsville, Texas
$3,900,000
Naval Station, Pearl Harbor, Hawaii
$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 Campbell, Kentucky .....................
$3,500,000
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 .............................................
$33,200,000
Stennis Center, Mississippi .................
$6,000,000
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
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Defense Agencies: Inside the United States—Continued
Agency
Installation or location
Amount
Total ..............................................
$465,582,000
(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 and locations outside the
United States, and in the amounts, set forth in the following
table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Education Agency ......
Grafenwoehr, Germany ........................
$36,247,000
Vilseck, Germany ..................................
$9,011,000
Naval Station, Guam ...........................
$26,964,000
Defense Logistics Agency .........
Defense Fuel Support Point, Lajes
Field, Portugal.
$19,113,000
Special Operations Command
Naval Station, Guam, Marianas Is-
lands.
$2,200,000
Tri-Care Management Activity
Diego Garcia .........................................
$3,800,000
Grafenwoehr, Germany ........................
$13,000,000
Total ..............................................
$110,335,000
(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 and locations, and in the
amounts, 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
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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 author-
ization of appropriations in section 2404(a)(9)(A), the Sec-
retary 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, DEFENSE
AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2004, for military construction, land acquisition, and mili-
tary family housing functions of the Department of Defense
(other than the military departments) in the total amount
of $1,062,463,000, as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2401(a),
$408,582,000.
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(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2401(b),
$110,335,000.
(3) For the military construction projects at un-
specified worldwide locations authorized by section
2401(c), $10,300,000.
(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 authorized
by section 2404, $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.
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(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 Defense
Family Housing Improvement Fund established
by section 2883(a)(1) of title 10, United States
Code, $2,500,000.
(10) 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. 2698), $44,792,000.
(11) For the construction of phase 5 of a muni-
tions demilitarization facility at Blue Grass Army
Depot, Kentucky, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113
Stat. 835), as amended by section 2405 of the Mili-
tary Construction Authorization Act of 2002 (division
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B of Public Law 107–107; 115 Stat. 1298) and sec-
tion 2405 of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law
107–314; 116 Stat. 2698), $37,094,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2401 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1), (2), and (3) of sub-
section (a); and
(2) $57,000,000 (the balance of the amount au-
thorized under section 2401(a) for the replacement of
a hospital at Fort Belvoir, Virginia).
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,
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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 construc-
tion previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2004, for contribu-
tions 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 Organi-
zation Security Investment program authorized by section
2501, in the amount of $165,800,000.
TITLE XXVI—GUARD AND
RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
There are 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—
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(A) for the Army National Guard of the
United States, $361,072,000; and
(B) for the Army Reserve, $63,047,000.
(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, $214,418,000; and
(B) for the Air Force Reserve, $99,206,000.
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZA-
TIONS
SEC. 
2701. 
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 XXVI for military
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 expire
on the later of—
(1) October 1, 2007; or
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(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year
2008.
(b) EXCEPTION.—Subsection (a) shall not apply to au-
thorizations for military construction projects, land acqui-
sition, family housing projects and facilities, and contribu-
tions to the North Atlantic Treaty Organization Security
Investment program (and authorizations of appropriations
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 construc-
tion projects, land acquisition, family housing
projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment
program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 2002 PROJECTS.
(a) EXTENSION
OF CERTAIN PROJECTS.—Notwith-
standing section 2701 of the National Defense Authorization
Act for Fiscal Year 2001 (division B of Public Law 107–
107; 115 Stat. 1301), authorizations set forth in the tables
in subsection (b), as provided in section 2101 or 2302 of
that Act, shall remain in effect until October 1, 2005, or
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the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2006, whichever is
later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Army: Extension of 2002 Project Authorizations
State
Installation or loca-
tion
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 loca-
tion
Project
Amount
Colorado ..........................
Buckley Air Force Base
Construct Fam-
ily Housing
(55 Units) ....
$11,400,000
Louisiana ........................
Barksdale Air Force
Base ............................
Replace Family
Housing (56
Units) ...........
$7,300,000
SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN
FISCAL YEAR 2001 PROJECT.
(a) EXTENSION.—Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year
2001 (division B of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106–398; 114 Stat. 1654A–407)), authoriza-
tions set forth in the table in subsection (b), as provided
in section 2102 of that Act and extended by section 2702
of the Military Construction Authorization Act for Fiscal
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Year 2004 (division B of Public Law 108–136; 117 Stat.
1716), 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) TABLE.—The table referred to in subsection (a) is
as follows:
Army: Extension of 2001 Project Authorization
State
Installation or loca-
tion
Project
Amount
South Carolina ...............
Fort Jackson ..................
New Construc-
tion–Family
Housing (1
Unit) .............
$250,000
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of
this Act shall take effect on the later of—
(1) October 1, 2004; or
(2) the date of the enactment of this Act.
TITLE XXVIII—GENERAL
PROVISIONS
Subtitle A—Military Construction
Program and Military Family
Housing Changes
SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED
MINOR MILITARY CONSTRUCTION PROJECTS.
(a) INCREASE.—Section 2805(a)(1) of title 10, United
States Code, is amended—
(1) by striking ‘‘$1,500,000’’ and inserting
‘‘$2,500,000’’; and
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(2) by striking ‘‘$3,000,000’’ and inserting
‘‘$4,000,000’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on October 1, 2004.
SEC. 2802. MODIFICATION OF APPROVAL AND NOTICE RE-
QUIREMENTS 
FOR 
FACILITY 
REPAIR
PROJECTS.
(a) INCREASE IN THRESHOLD FOR APPROVAL RE-
QUIREMENT.—Subsection (b) of section 2811 of title 10,
United States Code, is amended by striking ‘‘$5,000,000’’
and inserting ‘‘$7,500,000’’.
(b) INFORMATION REQUIRED IN COST ESTIMATE FOR
MULTI-YEAR PROJECTS.—Subsection (d)(1) of such section
is amended by inserting before the semicolon the following:
‘‘, including, in the case of a multi-year repair project to
a single facility, the total cost of all phases of such project’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 2004.
SEC. 2803. ADDITIONAL REPORTING REQUIREMENTS RE-
LATING TO ALTERNATIVE AUTHORITY FOR
ACQUISITION AND IMPROVEMENT OF MILI-
TARY HOUSING.
(a) PROJECT REPORTS.—Paragraph (2) of subsection
(a) of section 2884 of title 10, United States Code, is
amended to read as follows:
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‘‘(2) The report on a proposed contract, conveyance,
or lease under paragraph (1) shall include the following:
‘‘(A) A description of the contract, conveyance,
or lease, including a summary of the terms of the con-
tract, conveyance, or lease.
‘‘(B) A description of the authorities to be uti-
lized in entering into the contract, conveyance, or
lease and the intended method of participation of the
United States in the contract, conveyance, or lease
(including a justification of the intended method of
participation).
‘‘(C) A statement of the scored cost of the con-
tract, conveyance, or lease (as determined by the Of-
fice of Management and Budget).
‘‘(D) A statement of the United States funds re-
quired for the contract, conveyance, or lease and a de-
scription of the source of such funds.
‘‘(E) An economic assessment of the life cycle
costs of the contract, conveyance, or lease, including
an estimate of the amount of United States funds that
would be paid over the life of the contract, convey-
ance, or lease from amounts derived from payments
of government allowances (including basic allowance
for housing under section 403 of title 37) if the hous-
ing affected by the project were fully occupied by
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military personnel over the life of the contract, con-
veyance, or lease.’’.
(b) ANNUAL REPORTS.—Subsection (b) of such section
is amended—
(1) by redesignating paragraph (5) as para-
graph (6); and
(2) by inserting after paragraph (4) the fol-
lowing new paragraph (5):
‘‘(5) A report setting forth—
‘‘(A) an estimate of the amounts of basic al-
lowance for housing under section 403 of title 37
that will be paid during the fiscal year in which
the budget is submitted to members of the armed
forces living in housing provided under the au-
thorities in this subchapter during such fiscal
year, set forth by armed force; and
‘‘(B) an estimate of the amounts of basic al-
lowance for housing that will be paid during the
fiscal year for which the budget is submitted to
members of the armed forces living in such hous-
ing during such fiscal year, set forth by armed
force.’’.
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SEC. 2804. MODIFICATION OF AUTHORITIES UNDER ALTER-
NATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) REQUIREMENTS FOR CONTRACTS FOR LEASING OF
HOUSING.—Section 2874 of title 10, United States Code,
is amended by striking subsection (b) and inserting the fol-
lowing new subsection (b):
‘‘(b) CONTRACT TERMS.—Any contract for the lease of
housing units under subsection (a) shall include the fol-
lowing provisions:
‘‘(1) That the obligation of the United States to
make payments under such contract in any fiscal
year shall be subject to appropriations being available
for such fiscal year and specifically for the project
covered by such contract.
‘‘(2) A commitment to obligate the necessary
amount for a fiscal year covered by such contract
when and to the extent that funds are appropriated
for the project covered by such contract.
‘‘(3) That the commitment described in para-
graph (2) does not constitute an obligation of the
United States.’’.
(b) INVESTMENTS SUBJECT TO AVAILABILITY OF AP-
PROPRIATIONS.—Section 2875(a) of such title is amended
by inserting ‘‘, subject to the availability of appropriations
for such purpose,’’ after ‘‘may’’.
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(c) REPEAL OF CERTAIN AUTHORITIES.—
(1) RENTAL GUARANTEES.—Section 2876 of such
title is repealed.
(2) DIFFERENTIAL
LEASE
PAYMENTS.—Section
2877 of such title is repealed.
(3) ASSIGNMENT OF MEMBERS OF THE ARMED
FORCES TO HOUSING UNITS.—Section 2882 of such
title is repealed.
(d) INCREASE IN AMOUNT OF BUDGET AUTHORITY
FOR MILITARY FAMILY HOUSING.—Section 2883(g)(1) of
such title is amended by striking ‘‘$850,000,000’’ and in-
serting ‘‘$850,000,001’’.
(e) CLERICAL AMENDMENTS.—The table of sections at
the beginning of subchapter IV of chapter 169 of such title
is amended by striking the items relating to sections 2876,
2877, and 2882.
Subtitle B—Real Property and
Facilities Administration
SEC. 2811. RECODIFICATION AND CONSOLIDATION OF CER-
TAIN AUTHORITIES AND LIMITATIONS RELAT-
ING TO REAL PROPERTY ADMINISTRATION.
(a) CERTAIN PROVISIONS ON LAND ACQUISITION.—
(1) RECODIFICATION.—Section 2661 of title 10,
United States Code, is amended by adding at the end
the following new subsections:
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‘‘(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 available
to the Department of Defense for operation and mainte-
nance or construction may be used for the following:
‘‘(1) The acquisition of land or interests in land
under section 2672 of this title.
‘‘(2) The acquisition of interests in land under
section 2675 of this title.’’.
(2) STYLISTIC
AMENDMENTS.—Such section is
further amended—
(A) in subsection (a), by inserting ‘‘AVAIL-
ABILITY OF FUNDS FOR REPAIR OF FACILITIES
AND
FOR
INSTALLATION
OF
EQUIPMENT.—’’
after ‘‘(a)’’; and
(B) in subsection (b), by inserting ‘‘LEASES;
DEFENSE ACCESS ROADS.—’’ after ‘‘(b)’’.
(b) CERTAIN PROVISIONS ON USE OF FACILITIES.—
Section 2679 of such title is amended to read as follows:
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‘‘§ 2679. Use of facilities: use by private organizations;
use as polling places
‘‘(a) USE OF SPACE AND EQUIPMENT BY VETERANS
SERVICE ORGANIZATIONS.—(1) Upon certification to the
Secretary concerned by the Secretary of Veterans Affairs,
the Secretary concerned shall allow accredited, paid, full-
time representatives of the organizations named in section
5902 of title 38, or of other organizations recognized by the
Secretary of Veterans Affairs, to function on military in-
stallations under the jurisdiction of the Secretary concerned
that are on land and from which persons are discharged
or released from active duty.
‘‘(2) The commanding officer of a military installation
allowing representatives to function on the installation
under paragraph (1) shall allow the representatives to use
available space and equipment at the installation.
‘‘(3) The regulations prescribed to carry out section
2679 of title 10, United States Code (as in effect on the
day before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2005), that are in effect
on January 1, 1958, shall remain in effect until changed
by joint action of the Secretary concerned and the Secretary
of Veterans Affairs.
‘‘(4) This subsection does not authorize the violation
of measures of military security.