H. R. 4200—173
SEC. 704. WAIVER OF CERTAIN DEDUCTIBLES UNDER TRICARE PRO-
GRAM FOR MEMBERS ON ACTIVE DUTY FOR A PERIOD
OF MORE THAN 30 DAYS.
Section 1095d(a) of title 10, United States Code, is amended
by striking ‘‘less than one year’’ both places it appears and inserting
‘‘more than 30 days’’.
SEC. 705. AUTHORITY FOR PAYMENT BY UNITED STATES OF ADDI-
TIONAL AMOUNTS BILLED BY HEALTH CARE PROVIDERS
TO ACTIVATED RESERVES.
Section 1079(h) of title 10, United States Code, is amended
by adding at the end of paragraph (4) the following new subpara-
graph:
‘‘(C)(i) In the case of a dependent described in clause (ii),
the regulations shall provide that, in addition to amounts otherwise
payable by the United States, the Secretary may pay the amount
referred to in subparagraph (B)(i).
‘‘(ii) This subparagraph applies to a dependent referred to in
subsection (a) of a member of a reserve component serving on
active duty pursuant to a call or order to active duty for a period
of more than 30 days in support of a contingency operation under
a provision of law referred to in section 101(a)(13)(B) of this title.’’.
SEC. 706. PERMANENT EXTENSION OF TRANSITIONAL HEALTH CARE
BENEFITS 
AND 
ADDITION 
OF 
REQUIREMENT 
FOR
PRESEPARATION PHYSICAL EXAMINATION.
(a) PERMANENT REQUIREMENT.—(1) Paragraph (3) of section
1145(a) of title 10, United States Code, is amended to read as
follows:
‘‘(3) Transitional health care for a member under subsection
(a) shall be available for 180 days beginning on the date on which
the member is separated from active duty.’’.
(2) The following provisions of law are repealed:
(A) Section 704 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1527;
10 U.S.C. 1145 note).
(B) Section 1117 of the Emergency Supplemental Appro-
priations Act for Defense and for the Reconstruction of Iraq
and Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1218;
10 U.S.C. 1145 note).
(3) Paragraph (1) of such section 1145(a) is amended by striking
‘‘applicable’’.
(b) REQUIREMENT FOR PHYSICAL EXAMINATION.—Such section
1145(a), as amended by subsection (a), is further amended by adding
at the end the following new paragraph:
‘‘(4)(A) The Secretary concerned shall require a member of
the armed forces scheduled to be separated from active duty as
described in paragraph (2) to undergo a physical examination imme-
diately before that separation. The physical examination shall be
conducted in accordance with regulations prescribed by the Sec-
retary of Defense.
‘‘(B) Notwithstanding subparagraph (A), if a member of the
armed forces scheduled to be separated from active duty as
described in paragraph (2) has otherwise undergone a physical
examination within 12 months before the scheduled date of separa-
tion from active duty, the requirement for a physical examination
H. R. 4200—174
under subparagraph (A) may be waived in accordance with regula-
tions prescribed under this paragraph. Such regulations shall
require that such a waiver may be granted only with the consent
of the member and with the concurrence of the member’s unit
commander.’’.
Subtitle B—Other Benefits Improvements
SEC. 
711. 
OPPORTUNITY 
FOR 
YOUNG 
CHILD 
DEPENDENT 
OF
DECEASED MEMBER TO BECOME ELIGIBLE FOR ENROLL-
MENT IN A TRICARE DENTAL PLAN.
Section 1076a(k)(2) of title 10, United States Code, is
amended—
(1) by striking ‘‘under subsection (a) or’’ and inserting
‘‘under subsection (a),’’; and
(2) by inserting after ‘‘under subsection (f),’’ the following:
‘‘or is not enrolled because the dependent is a child under
the minimum age for enrollment,’’.
SEC. 712. COMPTROLLER GENERAL REPORT ON PROVISION OF
HEALTH, EDUCATION, AND SUPPORT SERVICES FOR
EXCEPTIONAL FAMILY MEMBER PROGRAM ENROLLEES.
(a) EVALUATION REQUIREMENT.—The Comptroller General shall
evaluate the effect of the Exceptional Family Member Program
(in this section referred to as ‘‘EFMP’’) on health, education, and
support services in selected civilian communities near military
installations with a high concentration of EFMP enrollees.
(b) MATTERS COVERED.—The evaluation under subsection (a)
shall include a discussion of the following:
(1) Communities that have high concentrations of EFMP
enrollees that use State and local health, education, and support
services.
(2) Needs of EFMP enrollees, if any, that are not met
by State and local health, education, and support services.
(3) The burdens, financial and otherwise, placed on State
and local health, education, and support services by EFMP
enrollees and their families.
(4) The ability of the TRICARE program to meet the needs
of EFMP enrollees and their families.
(5) Reasons for any limitations of the TRICARE program,
the EFMP, and State and local health, education, and support
services in providing assistance to EFMP enrollees and their
families.
(6) Recommendations for more effectively meeting the needs
of EFMP enrollees and their families.
(c) COMMUNITIES COVERED.—The evaluation under subsection
(a) shall examine no fewer than four civilian communities, as deter-
mined by the Comptroller General, that have high concentrations
of EFMP enrollees and that are near several military installations,
including at least two military installations with tenants from more
than one of the Armed Forces.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘health, education, and support services’’
means services provided to children and other dependents with
special needs, including specialized day care, mental health
H. R. 4200—175
day treatment services, respite services, counseling, early child-
hood intervention, special education, and other such services
provided for children and other dependents with special needs.
(2) The term ‘‘TRICARE program’’ has the meaning given
that term in section 1072(7) of title 10, United States Code.
(e) REPORT.—Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the evaluation required
under subsection (a), including findings and recommendations.
SEC. 713. CONTINUATION OF SUB-ACUTE CARE FOR TRANSITION
PERIOD.
Section 1074j(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(4) The Secretary of Defense may take such actions as are
necessary to ensure that there is an effective transition in the
furnishing of part-time or intermittent home health care benefits
for covered beneficiaries who were receiving such benefits before
the establishment of the program under this section. The actions
taken under this paragraph may include the continuation of such
benefits on an extended basis for such time as the Secretary deter-
mines appropriate.’’.
SEC. 714. IMPROVEMENTS TO PHARMACY BENEFITS PROGRAM.
(a) REQUIREMENT RELATING TO PRESCRIPTION DRUG BENEFITS
FOR MEDICARE-ELIGIBLE ENROLLEES.—Section 1074g(a)(6) of title
10, United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and
(2) by adding at the end the following:
‘‘(B) For a medicare-eligible beneficiary, the cost-sharing
requirements may not be in excess of the cost-sharing requirements
applicable to all other beneficiaries covered by section 1086 of
this title. For purposes of the preceding sentence, a medicare-
eligible beneficiary is a beneficiary eligible for health benefits under
section 1086 of this title pursuant to subsection (d)(2) of such
section.’’.
(b) IMPROVEMENT TO UNIFORM FORMULARY PROCESS.—Section
1074g(a)(2)(E)(i) of such title is amended by inserting before the
semicolon the following: ‘‘and additional determinations by the
Pharmacy and Therapeutics Committee of the relative clinical and
cost effectiveness of the agents’’.
SEC. 715. PROFESSIONAL ACCREDITATION OF MILITARY DENTISTS.
Section 1077(c) of title 10, United States Code, is amended—
(1) by striking ‘‘A’’ and inserting ‘‘(1) Except as specified
in paragraph (2), a’’; and
(2) by adding at the end the following new paragraph:
‘‘(2)(A) Dependents who are 12 years of age or younger and
are covered by a dental plan established under section 1076a of
this title may be treated by postgraduate dental residents in a
dental treatment facility of the uniformed services under a graduate
dental education program accredited by the American Dental
Association if—
‘‘(i) treatment of pediatric dental patients is necessary in
order to satisfy an accreditation standard of the American
Dental Association that is applicable to such program, or
training in pediatric dental care is necessary for the residents
H. R. 4200—176
to be professionally qualified to provide dental care for
dependent children accompanying members of the uniformed
services outside the United States; and
‘‘(ii) the number of pediatric patients at such facility is
insufficient to support satisfaction of the accreditation or profes-
sional requirements in pediatric dental care that apply to such
program or students.
‘‘(B) The total number of dependents treated in all facilities
of the uniformed services under subparagraph (A) in a fiscal year
may not exceed 2,000.’’.
SEC. 716. TEMPORARY AUTHORITY FOR WAIVER OF COLLECTION OF
PAYMENTS DUE FOR CHAMPUS BENEFITS RECEIVED BY
DISABLED PERSONS UNAWARE OF LOSS OF CHAMPUS
ELIGIBILITY.
(a) AUTHORITY TO WAIVE DEBT.—(1) The Secretary of Defense,
in consultation with the other administering Secretaries, may waive
(in whole or in part) the collection of payments otherwise due
from a person described in subsection (b) for health benefits received
by such person under section 1086 of title 10, United States Code,
after the termination of that person’s eligibility for such benefits.
(2) If the Secretary of Defense waives collection of payments
from a person under paragraph (1), the Secretary may also
authorize a continuation of benefits for such person under such
section 1086 for a period ending not later than the end of the
period specified in subsection (c) of this section.
(b) ELIGIBLE PERSONS.—A person is eligible for relief under
subsection (a)(1) if—
(1) the person is described in paragraph (1) of subsection
(d) of section 1086 of title 10, United States Code;
(2) except for such paragraph, the person would have been
eligible for the health benefits under such section; and
(3) at the time of the receipt of such benefits—
(A) the person satisfied the criteria specified in para-
graph (2)(B) of such subsection (d); and
(B) the person was unaware of the loss of eligibility
to receive the health benefits.
(c) PERIOD OF APPLICABILITY.—The authority provided under
this section to waive collection of payments and to continue benefits
shall apply, under terms and conditions prescribed by the Secretary
of Defense, to health benefits provided under section 1086 of title
10, United States Code, during the period beginning on July 1,
1999, and ending at the end of December 31, 2004.
(d) ADMINISTERING SECRETARIES.—In this subsection, the term
‘‘administering Secretaries’’ has the meaning given such term in
section 1072(3) of title 10, United States Code.
SEC. 717. SERVICES OF MARRIAGE AND FAMILY THERAPISTS.
(a) AUTHORITY TO ENTER INTO PERSONAL SERVICES CON-
TRACTS.—Section 704(c)(2) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2799;
10 U.S.C. 1091 note) is amended by inserting ‘‘marriage and family
therapists certified as such by a certification recognized by the
Secretary of Defense,’’ after ‘‘psychologists,’’.
(b) APPLICABILITY OF LICENSURE REQUIREMENT FOR HEALTH-
CARE PROFESSIONALS.—Section 1094(e)(2) of title 10, United States
H. R. 4200—177
Code, is amended by inserting ‘‘marriage and family therapist cer-
tified as such by a certification recognized by the Secretary of
Defense,’’ after ‘‘psychologist,’’.
SEC. 718. CHIROPRACTIC HEALTH CARE BENEFITS ADVISORY COM-
MITTEE.
(a) ESTABLISHMENT.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall establish
an oversight advisory committee to provide the Secretary with
advice and recommendations regarding the continued development
and implementation of an effective program of chiropractic health
care benefits for members of the uniformed services on active duty.
(b) MEMBERSHIP.—The advisory committee shall be composed
of members selected from among persons who, by reason of edu-
cation, training, and experience, are experts in chiropractic health
care, as follows:
(1) Members appointed by the Secretary of Defense in
such number as the Secretary determines appropriate for car-
rying out the duties of the advisory committee effectively,
including not fewer than three practicing representatives of
the chiropractic health care profession.
(2) A representative of each of the uniformed services,
as designated by the administering Secretary concerned.
(c) CHAIRMAN.—The Secretary of Defense shall designate one
member of the advisory committee to serve as the Chairman of
the advisory committee.
(d) MEETINGS.—The advisory committee shall meet at the call
of the Chairman, but not fewer than three times each fiscal year,
beginning in fiscal year 2005.
(e) DUTIES.—The advisory committee shall have the following
duties:
(1) Review and evaluate the program of chiropractic health
care benefits provided to members of the uniformed services
on active duty under chapter 55 of title 10, United States
Code.
(2) Provide the Secretary of Defense with advice and rec-
ommendations as described in subsection (a).
(3) Upon the Secretary’s determination that the program
of chiropractic health care benefits referred to in paragraph
(1) has been fully implemented, prepare and submit to the
Secretary a report containing the advisory committee’s evalua-
tion of the implementation of such program.
(f) REPORT.—The Secretary of Defense, following receipt of the
report by the advisory committee under subsection (e)(3), shall
submit to the Committees on Armed Services of the Senate and
of the House of Representatives a report containing the following:
(1) A copy of the advisory committee report, together with
the Secretary’s comments on the report.
(2) An explanation of the criteria and rationale that the
Secretary used to determine that the program of chiropractic
health care benefits was fully implemented.
(3) The Secretary’s views with regard to the future
implementation of the program of chiropractic health care bene-
fits.
(g) APPLICABILITY OF TEMPORARY ORGANIZATIONS LAW.—(1) Sec-
tion 3161 of title 5, United States Code, shall apply to the advisory
committee under this section.
H. R. 4200—178
(2) The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the oversight advisory committee under this section.
(h) TERMINATION.—The advisory committee shall terminate 90
days after the date on which the Secretary submits the report
under subsection (f).
Subtitle C—Planning, Programming, and
Management
SEC. 721. PILOT PROGRAM FOR HEALTH CARE DELIVERY.
(a) PILOT PROGRAM.—The Secretary of Defense may conduct
a pilot program at two or more military installations for purposes
of testing initiatives that build cooperative health care arrange-
ments and agreements between military installations and local
and regional non-military health care systems.
(b) REQUIREMENTS OF PILOT PROGRAM.—In conducting the pilot
program, the Secretary of Defense shall—
(1) identify and analyze health care delivery options
involving the private sector and health care services in military
facilities located on the installation;
(2) determine the cost avoidance or savings resulting from
innovative partnerships between the Department of Defense
and the private sector;
(3) study the potential, viability, cost efficiency, and health
care effectiveness of Department of Defense health care pro-
viders delivering health care in civilian community hospitals;
and
(4) determine the opportunities for and barriers to coordi-
nating and leveraging the use of existing health care resources,
including Federal, State, local, and contractor assets.
(c) CONSULTATION REQUIREMENTS.—The Secretary of Defense
shall develop the pilot program in consultation with the Secretaries
of the military departments, representatives from the military
installation selected for the pilot program, Federal, State, and local
entities, and the TRICARE managed care support contractor with
responsibility for that installation.
(d) SELECTION OF MILITARY INSTALLATION.—The pilot program
may be implemented at two or more military installations selected
by the Secretary of Defense. At least one of the selected military
installations shall meet the following criteria:
(1) The military installation has members of the Armed
Forces on active duty and members of reserve components
of the Armed Forces that use the installation as a training
and operational base, with members routinely deploying in
support of the global war on terrorism.
(2) The number of members of the Armed Forces on active
duty permanently assigned to the military installation is
expected to increase over the next five years.
(3) One or more cooperative arrangements exist at the
military installation with civilian health care entities in the
form of specialty care services in the military medical treatment
facility on the installation.
(4) There is a military treatment facility on the installation
that does not have inpatient or trauma center care capabilities.
(5) There is a civilian community hospital near the military
installation with—
H. R. 4200—179
(A) limited capability to expand inpatient care beds,
intensive care, and specialty services; and
(B) limited or no capability to provide trauma care.
(e) DURATION OF PILOT PROGRAM.—Implementation of the pilot
program developed under this section shall begin not later than
May 1, 2005, and shall be conducted during fiscal years 2005,
2006, and 2007.
(f) REPORTS.—With respect to any pilot program conducted
under this section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and of the House
of Representatives—
(1) an interim report on the program, not later than 60
days after commencement of the program; and
(2) a final report describing the results of the program
with recommendations for a model health care delivery system
for other military installations, not later than July 1, 2007.
SEC. 722. STUDY OF PROVISION OF TRAVEL REIMBURSEMENT TO HOS-
PITALS FOR CERTAIN MILITARY DISABILITY RETIREES.
(a) STUDY.—The Secretary of Defense shall conduct a study
of the feasibility, and of the desirability, of providing that a member
of the uniformed services retired under chapter 61 of title 10,
United States Code, shall be provided reimbursement for the travel
expenses of such member for travel, during the two-year period
beginning on the date of the retirement of the member, to a military
treatment facility for medical care. The Secretary shall include
in that study consideration of whether reimbursement under such
a plan should, as nearly as practicable, be under the same terms
and conditions, and at the same rate, as apply to beneficiary travel
reimbursement provided by the Secretary of Veterans Affairs under
section 111 of title 38, United States Code.
(b) REPORT.—The Secretary of Defense shall submit to the
congressional defense committees a report providing the results
of the study under subsection (a). Such report shall be submitted
not later than March 1, 2005.
SEC. 723. STUDY OF MENTAL HEALTH SERVICES.
(a) STUDY REQUIRED.—The Comptroller General shall conduct
a study of mental health services available to members of the
Armed Forces.
(b) PERSONS COVERED.—The study shall evaluate the avail-
ability and effectiveness of existing mental health treatment and
screening resources—
(1) for members of the Armed Forces during a deployment
to a combat theater;
(2) for members of the Armed Forces returning from a
deployment to a combat theater, both—
(A) in the short-term, post-deployment period; and
(B) in the long-term, following the post-deployment
period;
(3) for the families of members of the Armed Forces who
have been deployed to a combat theater during the time of
the deployment;
(4) for the families of members of the Armed Forces who
have been deployed to a combat theater after the member
has returned from the deployment; and
H. R. 4200—180
(5) for members of the Armed Forces and their families
described in this subsection who are members of reserve compo-
nents.
(c) ASSESSMENT OF OBSTACLES.—The study shall provide an
assessment of existing obstacles that prevent members of the Armed
Forces and military families in need of mental health services
from obtaining these services, including—
(1) the extent to which existing confidentiality regulations,
or lack thereof, inhibit members of the Armed Forces from
seeking mental health treatment;
(2) the implications that a decision to seek mental health
services can have on a military career;
(3) the extent to which a social stigma exists within the
Armed Forces that prevents members of the Armed Forces
and military families from seeking mental health treatment
within the Department of Defense and the individual Armed
Forces;
(4) the extent to which logistical obstacles, particularly
with respect to members of the Armed Forces and families
residing in rural areas, deter members in need of mental health
services from obtaining them; and
(5) the extent to which members of the Armed Forces
and their families are prevented or hampered from obtaining
mental health treatment due to the cost of such services.
(d) IDENTIFICATION OF PROBLEMS UNIQUE TO RESERVES.—The
study shall identify potential problems in obtaining mental health
treatment that are unique to members of Reserve components.
(e) REPORT.—The Comptroller General shall submit to Congress
a report on the study conducted under this section not later than
March 31, 2005. The report shall contain the results of the study
and make specific recommendations—
(1) for improving the effectiveness and accessibility of
mental health services provided by Department of Defense to
the persons listed in subsection (b), including recommendations
to ensure appropriate referrals and a seamless transition to
the care of the Department of Veterans Affairs following separa-
tion from the Armed Forces; and
(2) for removing or mitigating any obstacles identified
under subsection (c) and problems identified under subsection
(d).
SEC. 724. POLICY FOR TIMELY NOTIFICATION OF NEXT OF KIN OF
MEMBERS SERIOUSLY ILL OR INJURED IN COMBAT
ZONES.
(a) POLICY REQUIRED.—The Secretary of Defense shall prescribe
the policy of the Department of Defense for providing, in the case
of the serious illness or injury of a member of the Armed Forces
in a combat zone, timely notification to the next of kin of the
member regarding the illness or injury, including information on
the condition of the member and the location at which the member
is receiving treatment. In prescribing the policy, the Secretary
shall ensure respect for the expressed desires of individual members
of the Armed Forces regarding the notification of next of kin and
shall include standards of timeliness for both the initial notification
of next of kin under the policy and subsequent updates regarding
the condition and location of the member.
H. R. 4200—181
(b) SUBMISSION
OF POLICY.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a copy of the policy.
SEC. 725. REVISED FUNDING METHODOLOGY FOR MILITARY RETIREE
HEALTH CARE BENEFITS.
(a) REVISION.—Section 1116 of title 10, United States Code,
is amended to read as follows:
‘‘§ 1116. Payments into the Fund
‘‘(a) At the beginning of each fiscal year after September 30,
2005, the Secretary of the Treasury shall promptly pay into the
Fund from the General Fund of the Treasury—
‘‘(1) the amount certified to the Secretary by the Secretary
of Defense under subsection (c), which shall be the contribution
to the Fund for that fiscal year required by section 1115;
and
‘‘(2) the amount determined by each administering Sec-
retary under section 1111(c) as the contribution to the Fund
on behalf of the members of the uniformed services under
the jurisdiction of that Secretary.
‘‘(b) At the beginning of each fiscal year, the Secretary of
Defense shall determine the sum of the following:
‘‘(1) The amount of the payment for that year under the
amortization schedule determined by the Board of Actuaries
under section 1115(a) of this title for the amortization of the
original unfunded liability of the Fund.
‘‘(2) The amount (including any negative amount) of the
Department of Defense contribution for that year as determined
by the Secretary of Defense under section 1115(b) of this title.
‘‘(3) The amount (including any negative amount) for that
year under the most recent amortization schedule determined
by the Secretary of Defense under section 1115(c)(2) of this
title for the amortization of any cumulative unfunded liability
(or any gain) to the Fund resulting from changes in benefits.
‘(4) The amount (including any negative amount) for that
year under the most recent amortization schedule determined
by the Secretary of Defense under section 1115(c)(3) of this
title for the amortization of any cumulative actuarial gain
or loss to the Fund resulting from actuarial assumption
changes.
‘‘(5) The amount (including any negative amount) for that
year under the most recent amortization schedule determined
by the Secretary of Defense under section 1115(c)(4) of this
title for the amortization of any cumulative actuarial gain
or loss to the Fund resulting from actuarial experience.
‘‘(c) The Secretary of Defense shall promptly certify the amount
determined under subsection (b) each year to the Secretary of
the Treasury.
‘‘(d) At the same time as the Secretary of Defense makes
the certification under subsection (c), the Secretary shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives the information provided to the Secretary of
the Treasury under that subsection.’’.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
any unsubscribed discretionary budget authority that accrues
within the national defense budget function as a result of the
H. R. 4200—182
amendments made by this section shall be applied to cover the
unbudgeted costs of—
(1) increases in Army end strengths and modularization;
(2) increases in Marine Corps end strengths and necessary
equipment; and
(3) Navy shipbuilding requirements.
(c) CONFORMING AMENDMENTS.—(1) Section 1111(c) of title 10,
United States Code, is amended in the last sentence by striking
‘‘1116’’ and all that follows through the end of the sentence and
inserting ‘‘1115(b) of this title, and such contributions shall be
paid into the Fund as provided in section 1116(a).’’.
(2) Section 1115(a) of such title is amended by striking ‘‘1116(c)’’
and inserting ‘‘1116’’.
(3) Section 1115(b) of such title is amended—
(A) by striking ‘‘(1) The Secretary of Defense’’ and all that
follows through ‘‘of this title.’’ and inserting ‘‘The Secretary
of Defense shall determine, before the beginning of each fiscal
year after September 30, 2005, the total amount of the Depart-
ment of Defense contribution to be made to the Fund for that
fiscal year for purposes of section 1116(b)(2).’’;
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively;
(D) in each of paragraphs (1) and (2), as so redesignated,
by redesignating clauses (i) and (ii) as subparagraphs (A) and
(B), respectively; and
(E) in paragraph (2)(B), as so redesignated, by striking
‘‘subparagraph (A)(ii)’’ and inserting ‘‘paragraph (1)(B)’’.
(4) Section 1115(c)(1) of such title is amended by striking ‘‘and
section 1116(a) of this title’’.
(5) Section 1115(c)(5) of such title is amended by striking
‘‘1116(c)’’ and inserting ‘‘1116’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2005.
SEC. 726. GROUNDS FOR PRESIDENTIAL WAIVER OF REQUIREMENT
FOR INFORMED CONSENT OR OPTION TO REFUSE
REGARDING 
ADMINISTRATION 
OF 
DRUGS 
NOT
APPROVED FOR GENERAL USE.
(a) INVESTIGATIONAL NEW DRUGS.—Section 1107(f) of title 10,
United States Code, is amended—
(1) in paragraph (1), by striking ‘‘obtaining consent—’’ and
all that follows through ‘‘(C) is’’ and inserting ‘‘obtaining consent
is’’; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
‘‘(2) The waiver authority provided in paragraph (1) shall not
be construed to apply to any case other than a case in which
prior consent for administration of a particular drug is required
by reason of a determination by the Secretary of Health and Human
Services that such drug is subject to the investigational new drug
requirements of section 505(i) of the Federal Food, Drug, and Cos-
metic Act.’’.
(b) EMERGENCY USE DRUGS.—Section 1107a(a) of such title
is amended—
(1) by inserting ‘‘(A)’’ after ‘‘PRESIDENT.—(1)’’;
H. R. 4200—183
(2) by striking ‘‘is not feasible,’’ and all that follows through
‘‘members affected, or’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) The waiver authority provided in subparagraph (A) shall
not be construed to apply to any case other than a case in which
an individual is required to be informed of an option to accept
or refuse administration of a particular product by reason of a
determination by the Secretary of Health and Human Services
that emergency use of such product is authorized under section
564 of the Federal Food, Drug, and Cosmetic Act.’’.
SEC. 727. TRICARE PROGRAM REGIONAL DIRECTORS.
(a) RECOMMENDATIONS FOR SELECTION PROCESS FOR TRICARE
PROGRAM REGIONAL DIRECTORS.—(1) The Secretary of Defense shall
develop recommendations for a process for the selection of regional
directors for TRICARE program administrative regions from among
nominees and applicants for the position in accordance with this
section.
(2) The recommendations developed under paragraph (1) shall
provide for a process for—
(A) the Secretary of each military department to nominate,
for each regional director position, one commissioned officer
in a grade above colonel, or, in the case of the Navy, captain,
or member of the Senior Executive Service under the jurisdic-
tion of that Secretary; and
(B) the Secretary of Defense to accept applications for
assignment or appointment to each such position from any
other qualified person.
(3) The recommendations developed under paragraph (1) shall
also include recommendations with respect to—
(A) the qualifications for regional directors;
(B) the period of assignment of a commissioned officer
as a regional director;
(C) procedures for ensuring that fair consideration is given
to each nominee and each applicant; and
(D) such other requirements as considered appropriate by
the Secretary.
(b) REPORT.—Not later than March 1, 2005, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report containing the
recommendations developed by the Secretary under subsection (a).
Subtitle D—Medical Readiness Tracking
and Health Surveillance
SEC. 731. MEDICAL READINESS PLAN AND JOINT MEDICAL READINESS
OVERSIGHT COMMITTEE.
(a) REQUIREMENT FOR PLAN.—The Secretary of Defense shall
develop a comprehensive plan to improve medical 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 members of the Armed Forces overseas.
The matters covered by the comprehensive 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.
H. R. 4200—184
(b) JOINT MEDICAL READINESS OVERSIGHT COMMITTEE.—
(1) ESTABLISHMENT.—The Secretary of Defense shall estab-
lish a Joint Medical Readiness Oversight Committee.
(2) COMPOSITION.—The members of the Committee are as
follows:
(A) The Under Secretary of Defense for Personnel and
Readiness, who shall chair the Committee.
(B) The Vice Chief of Staff of the Army, the Vice
Chief of Naval Operations, the Vice Chief of Staff of the
Air Force, and the Assistant Commandant of the Marine
Corp.
(C) The Assistant Secretary of Defense for Health
Affairs.
(D) The Assistant Secretary of Defense for Reserve
Affairs.
(E) The Surgeon General of each of the Army, the
Navy, and the Air Force.
(F) The Assistant Secretary of the Army for Manpower
and Reserve Affairs.
(G) The Assistant Secretary of the Navy for Manpower
and Reserve Affairs.
(H) The Assistant Secretary of the Air Force for Man-
power, Reserve Affairs, Installations, and Environment.
(I) The Chief of the National Guard Bureau.
(J) The Chief of Army Reserve.
(K) The Chief of Naval Reserve.
(L) The Chief of Air Force Reserve.
(M) The Commander, Marine Corps Reserve.
(N) The Director of the Defense Manpower Data
Center.
(O) A representative of the Department of Veterans
Affairs designated by the Secretary of Veterans Affairs.
(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 compli-
ance of the Armed Forces with the medical readiness
tracking and health surveillance policies of the Department
of Defense.
(C) To oversee the development and implementation
of the comprehensive plan required by subsection (a) and
the actions required by this title and the amendments
made by this title, including with respect to matters
relating to—
(i) the health status of the members of the reserve
components of the Armed Forces;
(ii) accountability for medical readiness;
(iii) medical tracking and health surveillance;
(iv) declassification of information on environ-
mental 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 efforts across
functional and organizational lines within the Department
H. R. 4200—185
of Defense with regard to medical readiness tracking and
health surveillance of members of the Armed Forces.
(E) To establish and monitor compliance with the med-
ical readiness standards that are applicable to members
and those that are applicable to units.
(F) To improve continuity of care in coordination with
the Secretary of Veterans Affairs, for members of the
Armed Forces separating from active service with service-
connected medical conditions.
(4) FIRST MEETING.—The first meeting of the Committee
shall be held not later than 120 days after the date of the
enactment of this Act.
(c) ANNUAL REPORT.—
(1) IN GENERAL.—In addition to the duties described in
subsection (b)(3), the Committee shall prepare and submit to
the Secretary of Defense and to the Committees on Armed
Services of the Senate and the House of Representatives, not
later than February 1 of each year, a report on—
(A) the health status and medical readiness of the
members of the Armed Forces, including the members of
reserve components, based on the comprehensive plan
required under subsection (a) and the actions required
by this title and the amendments made by this title; and
(B) compliance with Department of Defense policies
on medical readiness tracking and health surveillance.
(2) OPPORTUNITY
FOR
COMMENT.—Each year, before the
Committee submits to Congress the report required under para-
graph (1), the Secretary of Defense shall provide an opportunity
for representatives of veterans and military health advocacy
organizations, and others the Secretary of Defense considers
appropriate, to comment on the report. The report submitted
to Congress shall include a summary of the comments received
and the Secretary’s response to them.
SEC. 732. MEDICAL READINESS OF RESERVES.
(a) COMPTROLLER GENERAL STUDY OF HEALTH OF RESERVES
ORDERED TO ACTIVE DUTY FOR OPERATIONS ENDURING FREEDOM
AND IRAQI FREEDOM.—
(1) REQUIREMENT FOR STUDY.—The Comptroller General
shall carry out a study of the health of the members of the
reserve components 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 sub-
section 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 resulted from deficiencies in the
health or medical fitness of activated Reserves.
(C) To review compliance of military personnel with
Department of Defense policies on medical and physical
H. R. 4200—186
fitness examinations and assessments that are applicable
to the reserve components of the Armed Forces.
(3) REPORT.—The Comptroller General shall, not later than
one year after the date of the enactment 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 Representatives. 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, including medical illnesses or condi-
tions most commonly found among the activated
Reserves that were grounds for determinations of med-
ical unfitness for deployment; and
(ii) the percentage of the activated Reserves who,
before being deployed, needed medical care for health
conditions identified when called or ordered to active
duty, together with an analysis of the types of care
that were provided for such conditions and the reasons
why such care was necessary.
(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 deficiencies in the health
status or medical fitness of activated Reserves; and
(ii) an analysis of the extent to which it was nec-
essary to merge units or otherwise alter the composi-
tion of units, and the extent 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 deficiencies in the health
status or medical fitness 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 reserve 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 Reserves in each theater
of operations referred to in paragraph (1) related to pre-
existing conditions that were not adequately addressed
before the deployment 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.
H. R. 4200—187
(b) ACCOUNTABILITY FOR MEDICAL READINESS OF INDIVIDUALS
AND UNITS OF THE RESERVE COMPONENTS.—
(1) POLICY.—The Secretary of Defense shall take measures,
in addition to those required by section 1074f of title 10, United
States Code, to ensure that individual members and com-
manders of reserve component units fulfill their responsibilities
and meet the requirements for medical and dental readiness
of members of the units. Such measures may include—
(A) requiring more frequent health assessments of
members than is required by section 1074f(b) of title 10,
United States Code, with an objective of having every
member of the Selected Reserve receive a health assess-
ment as specified in section 1074f of such title not less
frequently than once every two years; and
(B) providing additional support and information to
commanders to assist them in improving the health status
of members of their units.
(2) REVIEW
AND
FOLLOWUP
CARE.—The measures under
this subsection shall provide for review of the health assess-
ments under paragraph (1) by a medical professional and for
any followup care and treatment that is otherwise authorized
for medical or dental readiness.
(3) MODIFICATION OF PREDEPLOYMENT HEALTH ASSESSMENT
SURVEY.—In carrying out paragraph (1), the Secretary shall—
(A) to the extent practicable, modify the predeployment
health assessment survey to bring such survey into con-
formity with the detailed postdeployment health assess-
ment survey in use as of October 1, 2004; and
(B) ensure the use of the predeployment health assess-
ment survey, as so modified, for predeployment health
assessments after that date.
(c) UNIFORM POLICY ON DEFERRAL OF MEDICAL TREATMENT
PENDING DEPLOYMENT TO THEATERS OF OPERATIONS.—
(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)
may specify the following matters:
(A) The circumstances under which treatment for med-
ical 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. 733. BASELINE HEALTH DATA COLLECTION PROGRAM.
(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:
‘‘§ 1092a. Persons entering the armed forces: baseline health
data
‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry
out a program—
H. R. 4200—188
‘‘(1) to collect baseline health data from each person
entering the armed forces, at the time of entry into the armed
forces; and
‘‘(2) to provide for computerized compilation and mainte-
nance of the baseline health data.
‘‘(b) PURPOSES.—The program under this section shall be
designed to achieve the following purposes:
‘‘(1) To facilitate understanding of how subsequent expo-
sures related to service in the armed forces affect health.
‘‘(2) To facilitate development of early intervention and
prevention programs to protect health and readiness.’’.
(2) CLERICAL AMENDMENT.—The table of sections 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 (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.—
(1) TIME
REQUIREMENTS.—Subject to paragraph (2), the
Secretary of Defense shall require that—
(A) the blood samples necessary for the predeployment
medical examination of a member of the Armed Forces
required under section 1074f(b) of title 10, United States
Code, be drawn not earlier than 120 days before the date
of the deployment; and
(B) the blood samples necessary for the postdeployment
medical examination of a member of the Armed Forces
required under such section 1074f(b) of such title be drawn
not later than 30 days after the date on which the deploy-
ment ends.
(2) CONTINGENT
APPLICABILITY.—The standards under
paragraph (1) shall apply unless the Joint Medical Readiness
Oversight Committee established by section 1301 recommends,
and the Secretary approves, different standards for blood sam-
pling.
SEC. 734. MEDICAL CARE AND TRACKING AND HEALTH SURVEILLANCE
IN THE THEATER OF OPERATIONS.
(a) RECORDKEEPING POLICY.—The Secretary of Defense 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.
(b) IN-THEATER MEDICAL TRACKING
AND HEALTH SURVEIL-
LANCE.—
(1) REQUIREMENT
FOR
EVALUATION.—The Secretary 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 nec-
essary 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 Defense shall submit
a report on the actions taken under paragraph (1) to the
Committees on Armed Services of the Senate and the House
H. R. 4200—189
of Representatives. The report shall include the following mat-
ters:
(A) An analysis of the strengths and weaknesses of
the medical tracking system administered 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 contem-
poraneous with the performance of the assessment
under the system; and
(ii) exposures of the assessed members to environ-
mental hazards that potentially lead to future health
problems.
(C) An analysis of the strengths and weaknesses of
such medical tracking and surveillance systems as a means
for supporting future research on health issues.
(D) Recommended changes to such medical tracking
and health surveillance systems.
(E) A summary of scientific literature on blood sam-
pling procedures used for detecting and identifying expo-
sures 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 appropriate 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 Freedom. 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 enactment of this Act,
the Secretary of Defense shall prescribe a Department of Defense
policy on the collection and dissemination of in-theater individual
personnel location data.
SEC. 735. DECLASSIFICATION OF INFORMATION ON EXPOSURES 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 moni-
toring and assessment of the health of members of the Armed
Forces who have been exposed to environmental hazards during
deployments overseas, including the following data:
(1) In-theater injury rates.
(2) Data derived from environmental surveillance.
(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 commands in carrying out the
review and revising policies under subsection (a).
H. R. 4200—190
SEC. 736. REPORT ON TRAINING ON ENVIRONMENTAL HAZARDS.
(a) REQUIREMENT FOR REPORT ON TRAINING OF FIELD MEDICAL
PERSONNEL.—Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the training on environmental 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.
(b) CONTENT.—The report under subsection (a) shall include
the following:
(1) An assessment of the adequacy of the training
regarding—
(A) the identification of common environmental haz-
ards and exposures to such hazards; and
(B) the prevention and treatment of adverse health
effects of such exposures.
(2) A discussion of the actions taken and to be taken
to improve such training.
SEC. 737. UNIFORM POLICY FOR MEETING MOBILIZATION-RELATED
MEDICAL CARE NEEDS AT MILITARY INSTALLATIONS.
(a) HEALTH CARE AT MOBILIZATION INSTALLATIONS.—The Sec-
retary of Defense shall take such steps as necessary, including
through the uniform policy established under subsection (c), to
ensure that anticipated health care needs of members of the Armed
Forces at mobilization installations can be met at those installa-
tions. Such steps may, within authority otherwise available to the
Secretary, include the following with respect to any such installa-
tion:
(1) Arrangements for health care to be provided by the
Secretary of Veterans Affairs.
(2) Procurement of services from local health care providers.
(3) Temporary employment of health care personnel to
provide services at such installation.
(b) MOBILIZATION INSTALLATIONS.—For purposes of this section,
the term ‘‘mobilization installation’’ means a military installation
at which members of the Armed Forces, in connection with a contin-
gency operation or during a national emergency—
(1) are mobilized;
(2) are deployed; or
(3) are redeployed from a deployment location.
(c) REQUIREMENT FOR REGULATIONS.—
(1) POLICY ON IMPLEMENTATION.—The Secretary of Defense
shall by regulation establish a policy for the implementation
of subsection (a) throughout the Department of Defense.
(2) IDENTIFICATION AND ANALYSIS OF NEEDS.—As part of
the policy prescribed under paragraph (1), the Secretary shall
require the Secretary of each military department, with respect
to each mobilization installation under the jurisdiction of that
Secretary, to identify and analyze the anticipated health care
needs at that installation with respect to members of the Armed
Forces who may be expected to mobilize or deploy or redeploy
at that installation as described in subsection (b)(1). Such
identification and analysis shall be carried out so as to be
completed before the arrival of such members at the installa-
tion.
H. R. 4200—191
(3) RESPONSE TO NEEDS.—The policy established by the
Secretary of Defense under paragraph (1) shall require that,
based on the results of the identification and analysis under
paragraph (2), the Secretary of the military department con-
cerned shall determine how to expeditiously and effectively
respond to those anticipated health care needs that cannot
be met within the resources otherwise available at that installa-
tion, in accordance with subsection (a).
(4) IMPLEMENTATION OF AUTHORITY.—In implementing the
policy established under paragraph (1) at any installation, the
Secretary of the military department concerned shall ensure
that the commander of the installation, and the officers and
other personnel superior to that commander in that com-
mander’s chain of command, have appropriate authority and
responsibility for such implementation.
(d) POLICY.—The Secretary of Defense shall ensure—
(1) that the policy prescribed under subsection (c) is carried
out with respect to any mobilization installation with the
involvement of all agencies of the Department of Defense that
have responsibility for management of the installation and
all organizations of the Department that have command
authority over any activity at the installation; and
(2) that such policy is implemented on a uniform basis
throughout the Department of Defense.
SEC. 738. FULL IMPLEMENTATION OF MEDICAL READINESS TRACKING
AND HEALTH SURVEILLANCE PROGRAM AND FORCE
HEALTH PROTECTION AND READINESS PROGRAM.
(a) IMPLEMENTATION
AT
ALL
LEVELS.—The Secretary of
Defense, in conjunction with the Secretaries of the military depart-
ments, 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 Surveil-
lance Program under this title and the amendments 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 Readi-
ness in carrying out subsection (a).
SEC. 739. REPORTS AND INTERNET ACCESSIBILITY RELATING TO
HEALTH MATTERS.
(a) ANNUAL REPORTS.—
(1) REQUIREMENT FOR REPORTS.—Chapter 55 of title 10,
United States Code, is amended by inserting after section 1073a
the following new section:
‘‘§ 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 cover
H. R. 4200—192
the calendar year preceding the year in which the report is sub-
mitted and include the following matters:
‘‘(A) The results of an audit conducted during the calendar
year covered by the report of the extent to which the blood
samples required to be obtained as described in section 733(b)
of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 from members of the armed forces before
and after a deployment are stored in the blood serum repository
of the Department of Defense.
‘‘(B) The results of an audit conducted during the calendar
year covered by the report of the extent to which the records
of the health assessments required under section 1074f of this
title for members of the armed forces before and after a deploy-
ment are being maintained in the electronic database of the
Defense Medical Surveillance System.
‘‘(C) An analysis of the actions taken by Department 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 Department of
Defense personnel to evaluate or treat members of the armed
forces who are confirmed to have been exposed to occupational
or environmental hazards deleterious to their health during
a deployment.
‘‘(2) The Secretary of Defense shall act through the Assistant
Secretary of Defense for Health Affairs in carrying out this sub-
section.
‘‘(b) ANNUAL REPORT ON RECORDING OF HEALTH ASSESSMENT
DATA IN MILITARY HEALTH RECORDS.—The Secretary of Defense
shall issue each year a report on the compliance by the military
departments with applicable law and policies on the recording of
health assessment data in military health records, including compli-
ance with section 1074f(c) of this title. The report shall cover the
calendar year preceding the year in which the report is submitted
and include a discussion of the extent to which immunization status
and predeployment and postdeployment health care data are being
recorded in such records.’’.
(2) CLERICAL AMENDMENT.—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.’’.
(3) INITIAL REPORTS.—The first reports under section 1073b
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 ASSESSMENT INFORMA-
TION FOR MEMBERS OF THE ARMED FORCES.—Not later than one
year after the date of the enactment of this Act, the Chief Informa-
tion Officer of each military department shall ensure that the
online portal website of that military department includes the fol-
lowing information relating to health assessments:
(1) Information on the policies of the Department of Defense
and 
the 
military 
department 
concerned 
regarding
predeployment 
and 
postdeployment 
health 
assessments,
including policies on the following matters:
(A) Health surveys.
(B) Physical examinations.
H. R. 4200—193
(C) Collection of blood samples and other tissue sam-
ples.
(2) Procedural information on compliance with such poli-
cies, 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.
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Software-related program costs under major defense acquisition pro-
grams.
Sec. 802. Internal controls for Department of Defense procurements through GSA
Client Support Centers.
Sec. 803. Defense commercial communications satellite services procurement proc-
ess.
Sec. 804. Contractor performance of acquisition functions closely associated with in-
herently governmental functions.
Sec. 805. Sustainment plans for existing systems while replacement systems are
under development.
Sec. 806. Applicability of competition exceptions to eligibility of National Guard for
financial assistance for performance of additional duties.
Sec. 807. Inflation adjustment of acquisition-related dollar thresholds.
Subtitle B—Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Rapid acquisition authority to respond to combat emergencies.
Sec. 812. Defense acquisition workforce improvements.
Sec. 813. Period for multiyear task and delivery order contracts.
Sec. 814. Funding for contract ceilings for certain multiyear procurement con-
tracts.
Sec. 815. Increased threshold for senior procurement executive approval of use of
procedures other than competitive procedures.
Sec. 816. Increased threshold for applicability of requirement for defense contrac-
tors to provide information on subcontracting authority of contractor
personnel to cooperative agreement holders.
Sec. 817. Extension of authority for use of simplified acquisition procedures.
Sec. 818. Submission of cost or pricing data on noncommercial modifications of
commercial items.
Sec. 819. Delegations of authority to make determinations relating to payment of
defense contractors for business restructuring costs.
Sec. 820. Availability of Federal supply schedule supplies and services to United
Service Organizations, Incorporated.
Sec. 821. Addition of landscaping and pest control services to list of designated in-
dustry groups participating in the Small Business Competitiveness
Demonstration Program.
Sec. 822. Increased thresholds under special emergency procurement authority.
Subtitle C—United States Defense Industrial Base Provisions
Sec. 831. Defense trade reciprocity.
Sec. 832. Assessment and report on the acquisition of polyacrylonitrile (PAN) car-
bon fiber from foreign sources.
Subtitle D—Extensions of Temporary Program Authorities
Sec. 841. Extension of mentor-protege program.
Sec. 842. Amendment to mentor-protege program.
Sec. 843. Extension of test program for negotiation of comprehensive small busi-
ness subcontracting plans.
H. R. 4200—194
Sec. 844. Extension of pilot program on sales of manufactured articles and services
of certain Army industrial facilities.
Subtitle E—Other Acquisition Matters
Sec. 851. Review and demonstration project relating to contractor employees.
Sec. 852. Inapplicability of certain fiscal laws to settlements under special tem-
porary contract closeout authority.
Sec. 853. Contracting with employers of persons with disabilities.
Sec. 854. Defense procurements made through contracts of other agencies.
Sec. 855. Requirements relating to source selection for integrated support of aerial
refueling aircraft fleet for the Air Force.
Subtitle A—Acquisition Policy and
Management
SEC. 801. SOFTWARE-RELATED PROGRAM COSTS UNDER MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) CONTENT OF QUARTERLY UNIT COST REPORT.—Subsection
(b) of section 2433 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(5) Any significant changes in the total program cost for
development and procurement of the software component of
the program, schedule milestones for the software component
of the program, or expected performance for the software compo-
nent of the program that are known, expected, or anticipated
by the program manager.’’.
(b) CONTENT
OF SELECTED ACQUISITION REPORT.—(1) Sub-
section (g)(1) of such section is amended by adding at the end
the following new subparagraph:
‘‘(Q) In any case in which one or more problems with
the software component of the program significantly contributed
to the increase in program unit costs, the action taken and
proposed to be taken to solve such problems.’’.
(2) Section 2432(e) of title 10, United States Code, is amended—
(A) by redesignating paragraphs (7), (8), and (9) as para-
graphs (8), (9), and (10), respectively; and
(B) by inserting after paragraph (6) the following new
paragraph (7):
‘‘(7) The reasons for any significant changes (from the
previous Selected Acquisition Report) in the total program cost
for development and procurement of the software component
of the program, schedule milestones for the software component
of the program, or expected performance for the software compo-
nent of the program that are known, expected, or anticipated
by the program manager.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date occurring 60 days after the date
of the enactment of this Act, and shall apply with respect to reports
due to be submitted to Congress on or after such date.
SEC. 802. INTERNAL CONTROLS FOR DEPARTMENT OF DEFENSE
PROCUREMENTS THROUGH GSA CLIENT SUPPORT CEN-
TERS.
(a) INITIAL INSPECTOR GENERAL REVIEW AND DETERMINATION.—
(1) Not later than March 15, 2005, the Inspector General of the
Department of Defense and the Inspector General of the General
Services Administration shall jointly—
(A) review—
H. R. 4200—195
(i) the policies, procedures, and internal controls of
each GSA Client Support Center; and
(ii) the administration of those policies, procedures,
and internal controls; and
(B) for each such Center, determine in writing whether—
(i) the Center is compliant with defense procurement
requirements;
(ii) the Center is not compliant with defense procure-
ment requirements, but the Center made significant
progress during 2004 toward becoming compliant with
defense procurement requirements; or
(iii) neither of the conclusions stated in clauses (i)
and (ii) is correct.
(2) If the Inspectors General determine under paragraph (1)
that the conclusion stated in clause (ii) or (iii) of subparagraph
(B) of such paragraph is correct in the case of a GSA Client
Support Center, those Inspectors General shall, not later than
March 15, 2006, jointly—
(A) conduct a second review regarding that GSA Client
Support Center as described in paragraph (1)(A); and
(B) determine in writing whether that GSA Client Support
Center is or is not compliant with defense procurement require-
ments.
(b) COMPLIANCE
WITH
DEFENSE
PROCUREMENT
REQUIRE-
MENTS.—For the purposes of this section, a GSA Client Support
Center is compliant with defense procurement requirements if the
GSA Client Support Center’s policies, procedures, and internal con-
trols, and the manner in which they are administered, are adequate
to ensure compliance of that Center with the requirements of laws
and regulations that apply to procurements of property and services
made directly by the Department of Defense.
(c) LIMITATIONS ON PROCUREMENTS THROUGH GSA CLIENT SUP-
PORT CENTERS.—(1) After March 15, 2005, and before March 16,
2006, no official of the Department of Defense may, except as
provided in subsection (d) or (e), order, purchase, or otherwise
procure property or services in an amount in excess of $100,000
through any GSA Client Support Center for which a determination
described in paragraph (1)(B)(iii) of subsection (a) has been made
under that subsection.
(2) After March 15, 2006, no official of the Department of
Defense may, except as provided in subsection (d) or (e), order,
purchase, or otherwise procure property or services in an amount
in excess of $100,000 through any GSA Client Support Center
that has not been determined under this section as being compliant
with defense procurement requirements.
(d) EXCEPTION FROM APPLICABILITY OF LIMITATIONS.—(1) No
limitation applies under subsection (c) with respect to the procure-
ment of property and services from a particular GSA Client Support
Center during any period that there is in effect a determination
of the Under Secretary of Defense for Acquisition, Technology,
and Logistics, made in writing, that it is necessary in the interest
of the Department of Defense to continue to procure property and
services through that GSA Client Support Center.
(2) A written determination with respect to a GSA Client Sup-
port Center under paragraph (1) is in effect for the period, not
in excess of one year, that the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall specify in the written
H. R. 4200—196
determination. The Under Secretary may extend from time to time,
for up to one year at a time, the period for which the written
determination remains in effect.
(e) TERMINATION
OF
APPLICABILITY
OF
LIMITATIONS.—Sub-
section (c) shall cease to apply to a GSA Client Support Center
on the date on which the Inspector General of the Department
of Defense and the Inspector General of the General Services
Administration jointly determine that such Center is compliant
with defense procurement requirements and notify the Secretary
of Defense of that determination.
(f) GSA CLIENT SUPPORT CENTER DEFINED.—In this section,
the term ‘‘GSA Client Support Center’’ means a Client Support
Center of the Federal Technology Service of the General Services
Administration.
SEC. 803. DEFENSE COMMERCIAL COMMUNICATIONS SATELLITE SERV-
ICES PROCUREMENT PROCESS.
(a) REQUIREMENT
FOR
DETERMINATION.—The Secretary of
Defense shall review all potential mechanisms for procuring
commercial communications satellite services and provide guidance
to the Director of the Defense Information Systems Agency and
the Secretaries of the military departments on how such procure-
ments should be conducted. The alternative procurement mecha-
nisms reviewed by the Secretary of Defense shall, at a minimum,
include the following:
(1) Procurement under indefinite delivery, indefinite
quantity contracts of other departments and agencies of the
Federal Government, including the Federal Technology Service
of the General Services Administration.
(2) Procurement directly from commercial sources that are
qualified as described in subsection (b), using full and open
competition (as defined in section 4(6) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(6))).
(3) Procurement by any other means that has been used
by the Director of the Defense Information Systems Agency
or the Secretary of a military department to enter into a con-
tract for the procurement of commercial communications sat-
ellite services that is in force on the date of the enactment
of this Act, including through commercial communications sat-
ellite service integrators and resellers.
(4) Procurement under the method used as of the date
of the enactment of this Act, modified with streamlined proc-
esses to ensure increased efficiency and cost effectiveness.
(b) QUALIFIED SOURCES.—A source of commercial communica-
tions satellite services referred to in paragraph (2) of subsection
(a) is a qualified source if the source is incorporated under the
laws of a State of the United States and is either—
(1) a source of commercial communications satellite services
under a Federal Technology Service contract for the procure-
ment of commercial communications satellite services described
in paragraph (1) of such subsection that is in force on the
date of the enactment of this Act; or
(2) a source of commercial communications satellite services
that meets qualification requirements (as defined in section
2319 of title 10, United States Code, and established in accord-
ance with that section) to enter into a Federal Technology
H. R. 4200—197
Service contract for the procurement of commercial communica-
tions satellite services.
(c) REPORT.—Not later than April 30, 2005, the Secretary of
Defense shall submit to Congress a report setting forth the conclu-
sions resulting from the Secretary’s review under subsection (a).
The report shall include—
(1) the guidance provided under such subsection; and
(2) a discussion of the rationale for that guidance and
how the guidance will address each recommendation made
in the December 2003 report of the General Accounting Office
titled ‘‘Satellite Communications: Strategic Approach Needed
for DOD’s Procurement of Commercial Satellite BandWidth’’
(GAO–04–206).
(d) EFFECTIVE DATE.—(1) The Secretary may not enter into
a contract for commercial communications satellite services (using
any mechanism reviewed under subsection (a) or otherwise) until
the expiration of 30 days after the date on which the report
described in subsection (c) has been received by Congress, unless
the Secretary determines that such a contract is required to meet
urgent national security requirements.
(2) Notwithstanding paragraph (1), the Secretary may issue
a task order or delivery order under a contract for commercial
communications satellite services that was awarded before the date
of the enactment of this Act.
SEC. 804. CONTRACTOR PERFORMANCE OF ACQUISITION FUNCTIONS
CLOSELY ASSOCIATED WITH INHERENTLY GOVERN-
MENTAL FUNCTIONS.
(a) LIMITATION.—(1) Chapter 141 of title 10, United States
Code, is amended by inserting after section 2382 the following
new section:
‘‘§ 2383. Contractor performance of acquisition functions
closely associated with inherently governmental
functions
‘‘(a) LIMITATION.—The head of an agency may enter into a
contract for the performance of acquisition functions closely associ-
ated with inherently governmental functions only if the contracting
officer for the contract ensures that—
‘‘(1) appropriate military or civilian personnel of the Depart-
ment of Defense cannot reasonably be made available to per-
form the functions;
‘‘(2) appropriate military or civilian personnel of the Depart-
ment of Defense are—
‘‘(A) to supervise contractor performance of the con-
tract; and
‘‘(B) to perform all inherently governmental functions
associated with the functions to be performed under the
contract; and
‘‘(3) the agency addresses any potential organizational con-
flict of interest of the contractor in the performance of the
functions under the contract, consistent with subpart 9.5 of
part 9 of the Federal Acquisition Regulation and the best
interests of the Department of Defense.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘head of an agency’ has the meaning given
such term in section 2302(1) of this title, except that such
H. R. 4200—198
term does not include the Secretary of Homeland Security
or the Administrator of the National Oceanic and Atmospheric
Administration.
‘‘(2) The term ‘inherently governmental functions’ has the
meaning given such term in subpart 7.5 of part 7 of the Federal
Acquisition Regulation.
‘‘(3) The term ‘functions closely associated with inherently
governmental functions’ means the functions described in sec-
tion 7.503(d) of the Federal Acquisition Regulation.
‘‘(4) The term ‘organizational conflict of interest’ has the
meaning given such term in subpart 9.5 of part 9 of the Federal
Acquisition Regulation.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2382
the following new item:
‘‘2383. Contractor performance of acquisition functions closely associated with inher-
ently governmental functions.’’.
(b) EFFECTIVE DATE.—Section 2383 of title 10, United States
Code (as added by subsection (a)), shall apply to contracts entered
into on or after the date of the enactment of this Act.
SEC. 805. SUSTAINMENT PLANS FOR EXISTING SYSTEMS WHILE
REPLACEMENT SYSTEMS ARE UNDER DEVELOPMENT.
(a) EXISTING SYSTEMS TO BE MAINTAINED WHILE REPLACEMENT
SYSTEMS ARE UNDER DEVELOPMENT.—(1) Chapter 144 of title 10,
United States Code, is amended by inserting after section 2436
the following new section:
‘‘§ 2437. Development of major defense acquisition programs:
sustainment of system to be replaced
‘‘(a) REQUIREMENT FOR SUSTAINING EXISTING FORCES.—(1) The
Secretary of Defense shall require that, whenever a new major
defense acquisition program begins development, the defense
acquisition authority responsible for that program shall develop
a plan (to be known as a ‘sustainment plan’) for the existing
system that the system under development is intended to replace.
Any such sustainment plan shall provide for an appropriate level
of budgeting for sustaining the existing system until the replace-
ment system to be developed under the major defense acquisition
program is fielded and assumes the majority of responsibility for
the mission of the existing system. This section does not apply
to a major defense acquisition that reaches initial operational capa-
bility before October 1, 2008.
‘‘(2) In this section, the term ‘defense acquisition authority’
means the Secretary of a military department or the commander
of the United States Special Operations Command.
‘‘(b) SUSTAINMENT
PLAN.—The Secretary of Defense shall
require that each sustainment plan under this section include,
at a minimum, the following:
‘‘(1) The milestone schedule for the development of the
major defense acquisition program, including the scheduled
dates for low-rate initial production, initial operational capa-
bility, full-rate production, and full operational capability and
the date as of when the replacement system is scheduled to
assume the majority of responsibility for the mission of the
existing system.
H. R. 4200—199
‘‘(2) An analysis of the existing system to assess the fol-
lowing:
‘‘(A) Anticipated funding levels necessary to—
‘‘(i) ensure acceptable reliability and availability
rates for the existing system; and
‘‘(ii) maintain mission capability of the existing
system against the relevant threats.
‘‘(B) The extent to which it is necessary and appropriate
to—
‘‘(i) transfer mature technologies from the new
system or other systems to enhance the mission capa-
bility of the existing system against relevant threats;
and
‘‘(ii) provide interoperability with the new system
during the period from initial fielding until the new
system assumes the majority of responsibility for the
mission of the existing system.
‘‘(c) EXCEPTIONS.—Subsection (a) shall not apply to a major
defense acquisition program if the Secretary of Defense determines
that—
‘‘(1) the existing system is no longer relevant to the mission;
‘‘(2) the mission has been eliminated;
‘‘(3) the mission has been consolidated with another mission
in such a manner that another existing system can adequately
meet the mission requirements; or
‘‘(4) the duration of time until the new system assumes
the majority of responsibility for the existing system’s mission
is sufficiently short so that mission availability, capability,
interoperability, and force protection requirements are main-
tained.
‘‘(d) WAIVER.—The Secretary of Defense may waive the applica-
bility of subsection (a) to a major defense acquisition program
if the Secretary determines that, but for such a waiver, the Depart-
ment would be unable to meet national security objectives. When-
ever the Secretary makes such a determination and authorizes
such a waiver, the Secretary shall submit notice of such waiver
and of the Secretary’s determination and the reasons therefor in
writing to the congressional defense committees.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2436
the following new item:
‘‘2437. Development of major defense acquisition programs: sustainment of system
to be replaced.’’.
(b) APPLICATION TO EXISTING PROGRAMS IN DEVELOPMENT.—
Section 2437 of title 10, United States Code, as added by subsection
(a), shall apply with respect to a major defense acquisition program
for a system that is under development as of the date of the
enactment of this Act and is not expected to reach initial operational
capability before October 1, 2008. The Secretary of Defense shall
require that a sustainment plan under that section be developed
not later than one year after the date of the enactment of this
Act for the existing system that the system under development
is intended to replace.
H. R. 4200—290
SEC. 1509. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel accounts for fiscal year
2005 a total of $1,250,000,000.
SEC. 1510. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be appropriated
by this Act.
SEC. 1511. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by the Secretary of Defense that such action is necessary
in the national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2005 between any such authorizations
for that fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be available
for the same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$1,500,000,000. The transfer authority provided in this section is
in addition to any other transfer authority available to the Secretary
of Defense.
(b) LIMITATIONS.—The authority provided by this section to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred;
(2) may not be used to provide authority for an item that
has been denied authorization by Congress; and
(3) may not be combined with the authority under section
1001.
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section
shall be deemed to increase the amount authorized for the account
to which the amount is transferred by an amount equal to the
amount transferred.
(d) NOTICE
TO CONGRESS.—A transfer may be made under
the authority of this section only after the Secretary of Defense—
(1) consults with the chairmen and ranking members of
the congressional defense committees with respect to the pro-
posed transfer; and
(2) after such consultation, notifies those committees in
writing of the proposed transfer not less than five days before
the transfer is made.
DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construction
Authorization Act for Fiscal Year 2005’’.
H. R. 4200—296
Navy: Inside the United States—Continued
State
Installation or Location
Amount
Virginia ............................
Camp Elmore Marine Corps Detach-
ment ..................................................
$13,500,000
Marine Corps Air Facility, Quantico
$73,838,000
Marine Corps Combat Development
Command, Quantico ........................
$25,090,000
Naval Air Station, Oceana ..................
$2,770,000
Naval Amphibious Base, Little Creek
$9,220,000
Naval Station, Norfolk ........................
$4,330,000
Naval Weapons Station, Yorktown ....
$9,870,000
Washington .....................
Naval Air Station, Whidbey Island ....
$1,990,000
Naval Shipyard, Puget Sound ............
$20,305,000
Naval Station, Bremerton ...................
$74,125,000
Strategic Weapons Facility Pacific,
Bangor ..............................................
$138,060,000
Total ..............................................
$952,055,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Navy: Outside the United States
Country
Installation or Location
Amount
Diego Garcia ....................
Naval Support Facility, Diego Garcia
$17,500,000
Guam ...............................
Naval Public Works Center, Guam ....
$20,700,000
Naval Station, Guam ..........................
$12,500,000
Italy .................................
Sigonella ...............................................
$22,550,000
Spain ................................
Naval Station, Rota .............................
$32,700,000
Total ..............................................
$105,950,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(3), the Secretary of the Navy may acquire real property
and carry out military construction projects for unspecified installa-
tions or locations in the amount set forth in the following table:
Navy: Unspecified Worldwide
Location
Installation or Location
Amount
Unspecified Worldwide .......................
$105,982,000
Total ..............................................
$105,982,000
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(6)(A), the Secretary of the Navy
may construct or acquire family housing units (including land
acquisition and supporting facilities) at the installation, for the
purpose, and in the amount set forth in the following table:
H. R. 4200—302
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
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
or locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United States
Agency
Installation or Location
Amount
Defense Intelligence
Agency ..........................
Bolling Air Force Base, District of
Columbia ...........................................
$6,000,000
Defense Logistics Agency
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
Marina 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 ..
Redstone Arsenal, Alabama ................
$19,560,000
National Security Agency
Fort Meade, Maryland ........................
$15,007,000
Special Operations Com-
mand ............................
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
Hurlburt Field, Florida .......................
$2,500,000
Naval 
Amphibious 
Base, 
Little
Creek, Virginia .................................
$33,200,000
Niland, California ................................
$1,000,000
TRICARE Management
Activity .........................
Buckley Air Force Base, Colorado ......
$2,100,000
Defense Language Institute, Presidio,
Monterey ...........................................
$6,700,000
Fort Belvoir, Virginia ..........................
$100,000,000
Fort Benning, Georgia ........................
$7,100,000
Langley Air Force Base, Virginia .......
$50,800,000
Marine Corps Recruit Depot, Parris
Island, South Carolina ....................
$25,000,000
Naval Air Station, Jacksonville, Flor-
ida .....................................................
$28,438,000
Total ..............................................
$468,782,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2404(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
H. R. 4200—303
Defense Agencies: Outside the United States
Agency
Installation or Location
Amount
Defense Education Activ-
ity .................................
Grafenwoehr, Germany .......................
$36,247,000
Naval Station, Guam ..........................
$26,964,000
Vilseck, Germany ................................
$9,011,000
Defense Logistics Agency
Defense Fuel Support Point, Lajes
Field, Portugal .................................
$19,113,000
Special Operations Com-
mand ............................
Naval Station, Guam, Mariana Is-
lands ..................................................
$2,200,000
TRICARE 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 appropriations in section
2404(a)(3), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
or locations, and in the amounts, set forth in the following table:
Defense Agencies: Unspecified Worldwide
Location
Installation or Location
Amount
Special Operations Com-
mand ............................
Classified Locations .............................
$7,400,000
Unspecified Worldwide .......................
$2,900,000
Total ..............................................
$10,300,000
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2404(a)(9)(A), the Secretary of Defense may
improve existing military family housing units in an amount not
to exceed $49,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(7), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title
10, United States Code, in the amount of $50,000,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2004, for
military construction, land acquisition, and military family housing
functions of the Department of Defense (other than the military
departments) in the total amount of $1,055,663,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $411,782,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $110,335,000.
(3) For the military construction projects at unspecified
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.
H. R. 4200—304
(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 construc-
tion design under section 2807 of title 10, United States Code,
$62,182,000.
(7) For energy conservation projects authorized by section
2403 of this Act, $50,000,000.
(8) For base closure and realignment activities as author-
ized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note), $246,116,000.
(9) For military family housing functions:
(A) For improvement of military family housing and
facilities, $49,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $49,575,000.
(C) For credit to the Department of 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 an ammunition
demilitarization facility at Pueblo Depot Activity, 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 Military 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 an ammunition
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 Military Construction Authorization Act of 2002 (division
B of Public Law 107–107; 115 Stat. 1298) and section 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 authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2401 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2) and (3) of subsection (a).
(2) $57,000,000 (the balance of the amount authorized
under section 2401(a) for hospital replacement, Fort Belvoir,
Virginia).
H. R. 4200—305
TITLE XXV—NORTH ATLANTIC TREATY
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as pro-
vided in section 2806 of title 10, United States Code, in an amount
not to exceed the sum of the amount authorized to be appropriated
for this purpose in section 2502 and the amount collected from
the North Atlantic Treaty Organization as a result of construction
previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2004, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States
Code, for the share of the United States of the cost of projects
for the North Atlantic Treaty Organization Security Investment
program authorized by section 2501, in the amount of $160,800,000.
TITLE XXVI—GUARD AND RESERVE
FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2004, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor,
under chapter 1803 of title 10, United States Code (including the
cost of acquisition of land for those facilities), the following amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the United States,
$434,363,000; and
(B) for the Army Reserve, $90,310,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $48,185,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the United States,
$233,518,000; and
(B) for the Air Force Reserve, $122,756,000.
H. R. 4200—306
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 2002 projects.
Sec. 2703. Extension and renewal of authorizations of certain fiscal year 2001
projects.
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 authorizations contained
in titles XXI through XXVI for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment
program (and authorizations of appropriations therefor) shall expire
on the later of—
(1) October 1, 2007; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2008.
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic
Treaty Organization Security Investment program (and authoriza-
tions 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 authorizing funds
for fiscal year 2008 for military construction projects, land
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2002 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107–107; 115 Stat. 1301), authorizations set forth
in the tables in subsection (b), as provided in section 2101, 2302,
or 2601 of that Act, shall remain in effect until October 1, 2005,
or 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
Location
Project
Amount
Alaska .....................
Fort Wainwright ....
Power plant cooling
tower ....................
$23,000,000
Hawaii .....................
Pohakuloa Training
Facility ................
Parker Ranch land
acquisition ...........
$1,500,000
H. R. 4200—307
Air Force: Extension of 2002 Project Authorizations
State
Installation or
Location
Project
Amount
Colorado ..................
Buckley Air Force
Base .....................
Family housing (55
Units) ..................
$11,400,000
Louisiana ................
Barksdale Air Force
Base .....................
Family housing (56
Units) ..................
$7,300,000
Army National Guard: Extension of 2002 Project
Authorization
State
Installation or
Location
Project
Amount
California ................
Lancaster ................
Readiness Center ...
$4,530,000
SEC. 2703. EXTENSION AND RENEWAL OF AUTHORIZATIONS OF CER-
TAIN FISCAL YEAR 2001 PROJECTS.
(a) EXTENSION AND RENEWAL.—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)), authorizations set forth in the tables
in subsection (b), as provided in section 2102 or 2401 of that
Act and, in the case of the authorization set forth in the first
table in subsection (b), extended by section 2702 of the Military
Construction Authorization Act for Fiscal 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 military construction for fiscal year 2006,
whichever is later.
(b) TABLES.—The tables referred to in subsection (a) are as
follows:
Army: Extension of 2001 Project Authorization
State
Installation or
Location
Project
Amount
South Carolina .......
Fort Jackson ...........
Family housing (1
unit) .....................
$250,000
Defense Agencies: Renewal of 2001 Project Authorization
Agency
Installation or
Location
Project
Amount
Defense Education
Activity ................
Osan Air Base,
Korea ...................
Osan Elementary
School addition ...
$843,000
H. R. 4200—369
covered illness of the employee, the survivor of that
employee may elect to receive, in lieu of compensation
under subparagraph (A), the amount of contractor employee
compensation that the employee would have received in
accordance with section 3673 if the employee’s death had
not occurred before compensation was paid under para-
graph (1).
‘‘SEC. 
3673. 
COMPENSATION 
SCHEDULE 
FOR 
CONTRACTOR
EMPLOYEES.
‘‘(a) COMPENSATION
PROVIDED.—The amount of contractor
employee compensation under this subtitle for a covered DOE con-
tractor employee shall be the sum of the amounts determined
under paragraphs (1) and (2), as follows:
‘‘(1) IMPAIRMENT.—(A) The Secretary shall determine—
‘‘(i) the minimum impairment rating of that employee,
expressed as a number of percentage points; and
‘‘(ii) the number of those points that are the result
of any covered illness contracted by that employee through
exposure to a toxic substance at a Department of Energy
facility.
‘‘(B) The employee shall receive an amount under this
paragraph equal to $2,500 multiplied by the number referred
to in clause (ii) of subparagraph (A).
‘‘(2) WAGE LOSS.—(A) The Secretary shall determine—
‘‘(i) the calendar month during which the employee
first experienced wage loss as the result of any covered
illness contracted by that employee through exposure to
a toxic substance at a Department of Energy facility;
‘‘(ii) the average annual wage of the employee for the
36-month period immediately preceding the calendar month
referred to in clause (i), excluding any portions of that
period during which the employee was unemployed; and
‘‘(iii) beginning with the calendar year that includes
the calendar month referred to in clause (i), through and
including the calendar year during which the employee
attained normal retirement age (for purposes of the Social
Security Act)—
‘‘(I) the number of calendar years during which,
as the result of any covered illness contracted by that
employee through exposure to a toxic substance at
a Department of Energy facility, the employee’s annual
wage exceeded 50 percent of the average annual wage
determined under clause (ii), but did not exceed 75
percent of the average annual wage determined under
clause (ii); and
‘‘(II) the number of calendar years during which,
as the result of any covered illness contracted by that
employee through exposure to a toxic substance at
a Department of Energy facility, the employee’s annual
wage did not exceed 50 percent of the average annual
wage determined under clause (ii).
‘‘(B) The employee shall receive an amount under this
paragraph equal to the sum of—
‘‘(i) $10,000 multiplied by the number referred to in
clause (iii)(I) of subparagraph (A); and