Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
PL 108-375 (H.R.4200), enacted 10/28/2004

118 STAT. 1811
PUBLIC LAW 108–375—OCT. 28, 2004
Public Law 108–375
108th Congress
An Act
To authorize appropriations for fiscal year 2005 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart-
ment of Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into three divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority for the light weight 155-millimeter how-
itzer program.
Sec. 112. Light utility helicopter program.
Subtitle C—Navy Programs
Sec. 121. DDG–51 modernization program.
Sec. 122. Repeal of authority for pilot program for flexible funding of cruiser con-
versions and overhauls.
Sec. 123. LHA(R) amphibious assault ship program.
Subtitle D—Air Force Programs
Sec. 131. Prohibition of retirement of KC–135E aircraft.
Ronald W.
Reagan National
Defense
Authorization
Act for Fiscal
Year 2005.
Oct. 28, 2004
[H.R. 4200]
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118 STAT. 1812
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 132. Prohibition of retirement of F–117 aircraft.
Sec. 133. Aerial refueling aircraft acquisition program.
Subtitle E—Other Matters
Sec. 141. Development of deployable systems to include consideration of force pro-
tection in asymmetric threat environments.
Sec. 142. Allocation of equipment authorized by this title to units deployed, or to
be deployed, to Operation Iraqi Freedom or Operation Enduring Free-
dom.
Sec. 143. Report on options for acquisition of precision-guided munitions.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Future Combat Systems program strategy.
Sec. 212. Collaborative program for research and development of vacuum elec-
tronics technologies.
Sec. 213. Annual Comptroller General report on Joint Strike Fighter program.
Sec. 214. Amounts for United States Joint Forces Command to be derived only
from Defense-wide amounts.
Sec. 215. Global Positioning System III satellite.
Sec. 216. Initiation of concept demonstration of Global Hawk high altitude endur-
ance unmanned aerial vehicle.
Sec. 217. Joint Unmanned Combat Air Systems program.
Subtitle C—Missile Defense Programs
Sec. 231. Fielding of ballistic missile defense capabilities.
Sec. 232. Integration of Patriot Advanced Capability-3 and Medium Extended Air
Defense System into ballistic missile defense system.
Sec. 233. Comptroller General assessments of ballistic missile defense programs.
Sec. 234. Baselines and operational test and evaluation for ballistic missile defense
system.
Subtitle D—Other Matters
Sec. 241. Annual report on submarine technology insertion.
Sec. 242. Sense of Congress regarding funding of the Advanced Shipbuilding Enter-
prise under the National Shipbuilding Research Program of the Navy.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B—Environmental Provisions
Sec. 311. Satisfaction of Superfund audit requirements by Inspector General of the
Department of Defense.
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in
connection with Moses Lake Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 313. Increase in authorized amount of environmental remediation, Front
Royal, Virginia.
Sec. 314. Small boat harbor, Unalaska, Alaska.
Sec. 315. Report regarding encroachment issues affecting Utah Test and Training
Range, Utah.
Sec. 316. Comptroller General study and report on alternative technologies to de-
contaminate groundwater at Department of Defense installations.
Sec. 317. Comptroller General study and report on drinking water contamination
and related health effects at Camp Lejeune, North Carolina.
Sec. 318. Sense of Congress regarding perchlorate contamination of ground and
surface water from Department of Defense activities.
Subtitle C—Workplace and Depot Issues
Sec. 321. Simplification of annual reporting requirements concerning funds ex-
pended for depot maintenance and repair workloads.
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118 STAT. 1813
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 322. Repeal of annual reporting requirement concerning management of depot
employees.
Sec. 323. Extension of special treatment for certain expenditures incurred in oper-
ation of Centers of Industrial and Technical Excellence.
Sec. 324. Temporary authority for contractor performance of security-guard func-
tions.
Sec. 325. Pilot program for purchase of certain municipal services for Army instal-
lations.
Sec. 326. Bid protests by Federal employees in actions under Office of Management
and Budget Circular A–76.
Sec. 327. Limitations on conversion of work performed by Department of Defense
civilian employees to contractor performance.
Sec. 328. Competitive sourcing reporting requirement.
Subtitle D—Information Technology
Sec. 331. Preparation of Department of Defense plan for transition to Internet Pro-
tocol version 6.
Sec. 332. Defense business enterprise architecture, system accountability, and con-
ditions for obligation of funds for defense business system moderniza-
tion.
Sec. 333. Report on maturity and effectiveness of the Global Information Grid
Bandwidth Expansion (GIG–BE).
Subtitle E—Extensions of Program Authorities
Sec. 341. Two-year extension of Department of Defense telecommunications benefit.
Sec. 342. Extension of Arsenal Support Program Initiative.
Sec. 343. Two-year extension of warranty claims recovery pilot program.
Subtitle F—Other Matters
Sec. 351. Reimbursement for certain protective, safety, or health equipment pur-
chased by or for members of the Armed Forces deployed in contingency
operations.
Sec. 352. Limitation on preparation or implementation of Mid-Range Financial Im-
provement Plan pending report.
Sec. 353. Pilot program to authorize Army working-capital funded facilities to en-
gage in cooperative activities with non-Army entities.
Sec. 354. Transfer of excess Department of Defense personal property to assist fire-
fighting agencies.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps active duty
personnel end strengths for fiscal years 2005 through 2009.
Sec. 404. Exclusion of service academy permanent and career professors from a
limitation on certain officer grade strengths.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of Reserve personnel authorized to be on active duty
for operational support.
Sec. 416. Accounting and management of reserve component personnel performing
active duty or full-time National Guard duty for operational support.
Subtitle C—Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Transition of active-duty list officer force to a force of all regular officers.
Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs of Naval
Operations be selected from officers in the line of the Navy.
Sec. 503. Limitation on number of officers frocked to major general and rear admi-
ral.
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118 STAT. 1814
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 504. Distribution in grade of Marine Corps reserve officers in an active status
in grades below brigadier general
Sec. 505. Authority for Federal recognition of National Guard commissioned officers
appointed from former Coast Guard personnel.
Sec. 506. Study regarding promotion eligibility of retired officers recalled to active
duty.
Sec. 507. Succession for office of Chief, National Guard Bureau.
Sec. 508. Redesignation of Vice Chief of the National Guard Bureau as Director of
the Joint Staff of the National Guard Bureau.
Subtitle B—Reserve Component Policy Matters
Sec. 511. Modification of stated purpose of the reserve components.
Sec. 512. Homeland defense activities conducted by the National Guard under au-
thority of title 32.
Sec. 513. Commission on the National Guard and Reserves.
Sec. 514. Repeal of exclusion of active duty for training from authority to order Re-
serves to active duty.
Sec. 515. Army program for assignment of active component advisers to units of the
Selected Reserve.
Sec. 516. Authority to accept certain voluntary services.
Sec. 517. Authority to redesignate the Naval Reserve as the Navy Reserve.
Sec. 518. Comptroller General assessment of integration of active and reserve com-
ponents of the Navy.
Sec. 519. Limitation on number of Starbase academies in a State.
Sec. 520. Recognition items for certain reserve component personnel.
Subtitle C—Reserve Component Personnel Matters
Sec. 521. Status under disability retirement system for reserve members released
from active duty due to inability to perform within 30 days of call to ac-
tive duty.
Sec. 522. Requirement for retention of Reserves on active duty to qualify for retired
pay not applicable to nonregular service retirement system.
Sec. 523. Federal civil service military leave for Reserve and National Guard civil-
ian technicians.
Sec. 524. Expanded educational assistance authority for officers commissioned
through ROTC program at military junior colleges.
Sec. 525. Repeal of sunset provision for financial assistance program for students
not eligible for advanced training.
Sec. 526. Effect of appointment or commission as officer on eligibility for Selected
Reserve education loan repayment program for enlisted members.
Sec. 527. Educational assistance for certain reserve component members who per-
form active service.
Sec. 528. Sense of Congress on guidance concerning treatment of employer-provided
compensation and other benefits voluntarily provided to employees who
are activated Reservists.
Subtitle D—Joint Officer Management and Professional Military Education
Sec. 531. Strategic plan to link joint officer development to overall missions and
goals of Department of Defense.
Sec. 532. Improvement to professional military education in the Department of De-
fense.
Sec. 533. Joint requirements for promotion to flag or general officer grade.
Sec. 534. Clarification of tours of duty qualifying as a joint duty assignment.
Sec. 535. Two-year extension of temporary standard for promotion policy objectives
for joint officers.
Sec. 536. Two-year extension of authority to waive requirement that Reserve Chiefs
and National Guard Directors have significant joint duty experience.
Subtitle E—Military Service Academies
Sec. 541. Revision to conditions on service of officers as service academy super-
intendents.
Sec. 542. Academic qualifications of the dean of the faculty of United States Air
Force Academy.
Sec. 543. Board of Visitors of United States Air Force Academy.
Sec. 544. Appropriated funds for service academy athletic and recreational extra-
curricular programs to be treated in same manner as for military mo-
rale, welfare, and recreation programs.
Sec. 545. Codification of prohibition on imposition of certain charges and fees at the
service academies.
Subtitle F—Other Education and Training Matters
Sec. 551. College First delayed enlistment program.
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118 STAT. 1815
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 552. Senior Reserve Officers’ Training Corps and recruiter access at institu-
tions of higher education.
Sec. 553. Tuition assistance for officers.
Sec. 554. Increased maximum period for leave of absence for pursuit of a program
of education in a health care profession.
Sec. 555. Eligibility of cadets and midshipmen for medical and dental care and dis-
ability benefits.
Sec. 556. Transfer of authority to confer degrees upon graduates of the Community
College of the Air Force.
Sec. 557. Change in titles of leadership positions at the Naval Postgraduate School.
Subtitle G—Assistance to Local Educational Agencies for Defense
Dependents Education
Sec. 558. Continuation of impact aid assistance on behalf of dependents of certain
members despite change in status of member.
Sec. 559. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees.
Sec. 560. Impact aid for children with severe disabilities.
Subtitle H—Medals and Decorations and Special Promotions and
Appointments
Sec. 561. Award of medal of honor to individual interred in the Tomb of the Un-
knowns as representative of casualties of a war.
Sec. 562. Plan for revised criteria and eligibility requirements for award of Combat
Infantryman Badge and Combat Medical Badge for service in Korea
after July 28, 1953.
Sec. 563. Authority to appoint Brigadier General Charles E. Yeager, United States
Air Force (retired), to the grade of major general on the retired list.
Sec. 564. Posthumous commission of William Mitchell in the grade of major general
in the Army.
Subtitle I—Military Voting
Sec. 566. Federal write-in ballots for absentee military voters located in the United
States.
Sec. 567. Repeal of requirement to conduct electronic voting demonstration project
for the Federal election to be held in November 2004.
Sec. 568. Reports on operation of Federal voting assistance program and military
postal system.
Subtitle J—Military Justice Matters
Sec. 571. Review on how sexual offenses are covered by Uniform Code of Military
Justice.
Sec. 572. Waiver of recoupment of time lost for confinement in connection with a
trial.
Sec. 573. Processing of forensic evidence collection kits and acquisition of sufficient
stocks of such kits.
Sec. 574. Authorities of the Judge Advocates General.
Subtitle K—Sexual Assault in the Armed Forces
Sec. 576. Examination of sexual assault in the Armed Forces by the Defense Task
Force established to examine sexual harassment and violence at the
military service academies.
Sec. 577. Department of Defense policy and procedures on prevention and response
to sexual assaults involving members of the Armed Forces.
Subtitle L—Management and Administrative Matters
Sec. 581. Three-year extension of limitation on reductions of personnel of agencies
responsible for review and correction of military records.
Sec. 582. Staffing for Defense Prisoner of War/Missing Personnel Office (DPMO).
Sec. 583. Permanent ID cards for retiree dependents age 75 and older.
Sec. 584. Authority to provide civilian clothing to members traveling in connection
with medical evacuation.
Sec. 585. Authority to accept donation of frequent traveler miles, credits, and tick-
ets to facilitate rest and recuperation travel of deployed members of the
Armed Forces and their families.
Sec. 586. Annual report identifying reasons for discharges from the Armed Forces
during preceding fiscal year.
Sec. 587. Study of blended wing concept for the Air Force.
Sec. 588. Sense of Congress regarding return of members to active duty service
upon rehabilitation from service-related injuries.
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118 STAT. 1816
PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle M—Other Matters
Sec. 591. Protection of Armed Forces personnel from retaliatory actions for commu-
nications made through the chain of command.
Sec. 592. Implementation plan for accession of persons with specialized skills.
Sec. 593. Enhanced screening methods and process improvements for recruitment
of home schooled and National Guard Challenge program GED recipi-
ents.
Sec. 594. Redesignation of National Guard Challenge Program as National Guard
Youth Challenge Program.
Sec. 595. Reports on certain milestones relating to Department of Defense trans-
formation.
Sec. 596. Report on issues relating to removal of remains of persons interred in
United States military cemeteries overseas.
Sec. 597. Comptroller General reports on closure of Department of Defense depend-
ent elementary and secondary schools and commissary stores.
Sec. 598. Comptroller General report on transition assistance programs for mem-
bers separating from the Armed Forces.
Sec. 599. Study on coordination of job training standards with certification stand-
ards for military occupational specialties.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2005.
Sec. 602. Relationship between eligibility to receive supplemental subsistence al-
lowance and eligibility to receive imminent danger pay, family separa-
tion allowance, and certain Federal assistance.
Sec. 603. Authority to provide family separation basic allowance for housing.
Sec. 604. Geographic basis for housing allowance during short-assignment perma-
nent changes of station for education or training.
Sec. 605. Immediate lump-sum reimbursement for unusual nonrecurring expenses
incurred for duty outside the continental United States.
Sec. 606. Authority for certain members deployed in combat zones to receive lim-
ited advances on future basic pay.
Sec. 607. Repeal of requirement that members entitled to basic allowance for sub-
sistence pay subsistence charges while hospitalized.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Authority to provide hazardous duty incentive pay to military firefighters.
Sec. 616. Reduced service obligation for nurses receiving nurse accession bonus.
Sec. 617. Assignment incentive pay.
Sec. 618. Modification of active and reserve component reenlistment and enlistment
bonus authorities.
Sec. 619. Bonus for certain initial service of officers in the Selected Reserve.
Sec. 620. Revision of authority to provide foreign language proficiency pay.
Sec. 621. Eligibility of enlisted members to qualify for critical skills retention bonus
while serving on indefinite reenlistment.
Sec. 622. Eligibility of reserve component members for incentive bonus for conver-
sion to military occupational specialty to ease personnel shortage.
Sec. 623. Permanent increase in authorized amounts for imminent danger special
pay and family separation allowance.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for family members to attend burial
ceremony or memorial service of member who dies on duty.
Sec. 632. Transportation of family members incident to serious illness or injury of
members of the uniformed services.
Sec. 633. Reimbursement for certain lodging costs incurred in connection with de-
pendent student travel.
Subtitle D—Retired Pay and Survivor Benefits
Sec. 641. Computation of high-36 month average for reserve component members
retired for disability while on active duty or dying while on active duty.
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118 STAT. 1817
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 642. Repeal of phase-in of concurrent receipt of retired pay and veterans’ dis-
ability compensation for military retirees with service-connected disabil-
ities rated as 100 percent.
Sec. 643. Death benefits enhancement.
Sec. 644. Phased elimination of two-tier annuity computation for surviving spouses
under Survivor Benefit Plan.
Sec. 645. One-year open enrollment period for Survivor Benefit Plan commencing
October 1, 2005.
Subtitle E—Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 651. Consolidation and reorganization of legislative provisions regarding de-
fense commissary system and exchanges and other morale, welfare, and
recreation activities.
Sec. 652. Consistent State treatment of Department of Defense Nonappropriated
Fund Health Benefits Program.
Subtitle F—Other Matters
Sec. 661. Eligibility of members for reimbursement of expenses incurred for adop-
tion placements made by foreign governments.
Sec. 662. Clarification of education loans qualifying for education loan repayment
program for reserve component health professions officers.
Sec. 663. Receipt of pay by reservists from civilian employers while on active duty
in connection with a contingency operation.
Sec. 664. Relief for mobilized reservists from certain Federal agricultural loan obli-
gations.
Sec. 665. Survey and analysis of effect of extended and frequent mobilization of re-
servists for active duty service on reservist income.
Sec. 666. Study of disability benefits for veterans of service in the Armed Forces
with service-connected disabilities.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Enhanced Benefits for Reserves
Sec. 701. TRICARE coverage for members of reserve components who commit to
continued service in the Selected Reserve after release from active duty.
Sec. 702. Comptroller General report on the cost and feasibility of providing private
health insurance stipends for members of the Ready Reserves.
Sec. 703. Permanent earlier eligibility date for TRICARE benefits for members of
reserve components and their dependents.
Sec. 704. Waiver of certain deductibles under TRICARE program for members on
active duty for a period of more than 30 days.
Sec. 705. Authority for payment by United States of additional amounts billed by
health care providers to activated Reserves.
Sec. 706. Permanent extension of transitional health care benefits and addition of
requirement for preseparation physical examination.
Subtitle B—Other Benefits Improvements
Sec. 711. Opportunity for young child dependent of deceased member to become eli-
gible for enrollment in a TRICARE dental plan.
Sec. 712. Comptroller General report on provision of health, education, and support
services for Exceptional Family Member Program enrollees.
Sec. 713. Continuation of sub-acute care for transition period.
Sec. 714. Improvements to pharmacy benefits program.
Sec. 715. Professional accreditation of military dentists.
Sec. 716. Temporary authority for waiver of collection of payments due for
CHAMPUS benefits received by disabled persons unaware of loss of
CHAMPUS eligibility.
Sec. 717. Services of marriage and family therapists.
Sec. 718. Chiropractic health care benefits advisory committee.
Subtitle C—Planning, Programming, and Management
Sec. 721. Pilot program for health care delivery.
Sec. 722. Study of provision of travel reimbursement to hospitals for certain mili-
tary disability retirees.
Sec. 723. Study of mental health services.
Sec. 724. Policy for timely notification of next of kin of members seriously ill or in-
jured in combat zones.
Sec. 725. Revised funding methodology for military retiree health care benefits.
Sec. 726. Grounds for presidential waiver of requirement for informed consent or
option to refuse regarding administration of drugs not approved for gen-
eral use.
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118 STAT. 1818
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Sec. 727. TRICARE program regional directors.
Subtitle D—Medical Readiness Tracking and Health Surveillance
Sec. 731. Medical readiness plan and Joint Medical Readiness Oversight Com-
mittee.
Sec. 732. Medical readiness of Reserves.
Sec. 733. Baseline Health Data Collection Program.
Sec. 734. Medical care and tracking and health surveillance in the theater of oper-
ations.
Sec. 735. Declassification of information on exposures to environmental hazards.
Sec. 736. Report on training on environmental hazards.
Sec. 737. Uniform policy for meeting mobilization-related medical care needs at
military installations.
Sec. 738. Full implementation of Medical Readiness Tracking and Health Surveil-
lance Program and Force Health Protection and Readiness Program.
Sec. 739. Reports and Internet accessibility relating to health matters.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED 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 contracts.
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.
Sec. 844. Extension of pilot program on sales of manufactured articles and services
of certain Army industrial facilities.
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118 STAT. 1819
PUBLIC LAW 108–375—OCT. 28, 2004
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.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Duties and Functions of Department of Defense
Sec. 901. Study of roles and authorities of the Director of Defense Research and
Engineering.
Sec. 902. Change of membership of specified council.
Subtitle B—Space Activities
Sec. 911. Space posture review.
Sec. 912. Panel on the future of national security space launch.
Sec. 913. Operationally responsive national security satellites.
Sec. 914. Nondisclosure of certain products of commercial satellite operations.
Subtitle C—Intelligence-Related Matters
Sec. 921. Two-year extension of authority of the Secretary of Defense to engage in
commercial activities as security for intelligence collection activities
abroad.
Sec. 922. Pilot program on cryptologic service training.
Subtitle D—Other Matters
Sec. 931. Strategic plan for destruction of lethal chemical agents and munitions
stockpile.
Sec. 932. Secretary of Defense criteria for and guidance on identification and inter-
nal transmission of critical information.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in fiscal
year 2005.
Sec. 1003. Budget justification documents for operation and maintenance.
Sec. 1004. Licensing of intellectual property.
Sec. 1005. Repeal of funding restrictions concerning development of medical coun-
termeasures against biological warfare threats.
Sec. 1006. Report on budgeting for exchange rates for foreign currency fluctuations.
Sec. 1007. Fiscal year 2004 transfer authority.
Sec. 1008. Clarification of fiscal year 2004 funding level for a National Institute of
Standards and Technology account.
Sec. 1009. Notification of fund transfers from working-capital funds.
Sec. 1010. Charges for Defense Logistics Information Services materials.
Subtitle B—Naval Vessels and Shipyards
Sec. 1011. Authority for award of contracts for ship dismantling on net-cost basis.
Sec. 1012. Use of proceeds from exchange and sale of obsolete navy service craft
and boats.
Sec. 1013. Transfer of naval vessels to certain foreign recipients.
Sec. 1014. Independent study to assess cost effectiveness of the Navy ship construc-
tion program.
Sec. 1015. Limitation on disposal of obsolete naval vessel.
Subtitle C—Counterdrug Matters
Sec. 1021. Use of funds for unified counterdrug and counterterrorism campaign in
Colombia.
Sec. 1022. Sense of Congress and report regarding counter-drug efforts in Afghani-
stan.
Subtitle D—Matters Relating to Museums and Commemorations
Sec. 1031. Recognition of the Liberty Memorial Museum, Kansas City, Missouri, as
America’s National World War I Museum.
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Sec. 1032. Program to commemorate 60th anniversary of World War II.
Sec. 1033. Annual report on Department of Defense operation and financial support
for military museums.
Subtitle E—Reports
Sec. 1041. Quarterly detailed accounting for operations conducted as part of the
Global War on Terrorism.
Sec. 1042. Report on post-major combat operations phase of Operation Iraqi Free-
dom.
Sec. 1043. Report on training provided to members of the Armed Forces to prepare
for post-conflict operations.
Sec. 1044. Report on establishing National Centers of Excellence for unmanned
aerial and ground vehicles.
Sec. 1045. Study of continued requirement for two-crew manning for ballistic mis-
sile submarines.
Sec. 1046. Report on Department of Defense programs for prepositioning of mate-
riel and equipment.
Sec. 1047. Report on al Quaeda and associated groups in Latin America and the
Caribbean.
Subtitle F—Defense Against Terrorism and Other Domestic Security
Matters
Sec. 1051. Acceptance of communications equipment provided by local public safety
agencies.
Sec. 1052. Determination and report on full-time airlift support for homeland de-
fense operations.
Sec. 1053. Survivability of critical systems exposed to chemical or biological con-
tamination.
Subtitle G—Personnel Security Matters
Sec. 1061. Use of National Driver Register for personnel security investigations and
determinations.
Sec. 1062. Standards for disqualification from eligibility for Department of Defense
security clearance.
Subtitle H—Transportation-Related Matters
Sec. 1071. Use of military aircraft to transport mail to and from overseas locations.
Sec. 1072. Reorganization and clarification of certain provisions relating to control
and supervision of transportation within the Department of Defense.
Sec. 1073. Evaluation of procurement practices relating to transportation of secu-
rity-sensitive cargo.
Subtitle I—Other Matters
Sec. 1081. Liability protection for Department of Defense volunteers working in
maritime environment.
Sec. 1082. Sense of Congress concerning media coverage of the return to the United
States of the remains of deceased members of the Armed Forces from
overseas.
Sec. 1083. Transfer of historic F3A-1 Brewster Corsaird aircraft.
Sec. 1084. Technical and clerical amendments.
Sec. 1085. Preservation of search and rescue capabilities of the Federal Govern-
ment.
Sec. 1086. Acquisition of aerial firefighting equipment for National Interagency
Fire Center.
Sec. 1087. Revision to requirements for recognition of institutions of higher edu-
cation as Hispanic-serving institutions for purposes of certain grants
and contracts.
Sec. 1088. Military extraterritorial jurisdiction over contractors supporting defense
missions overseas.
Sec. 1089. Definition of United States for purposes of Federal crime of torture.
Sec. 1090. Energy savings performance contracts.
Sec. 1091. Sense of Congress and policy concerning persons detained by the United
States.
Sec. 1092. Actions to prevent the abuse of detainees.
Sec. 1093. Reporting requirements.
Sec. 1094. Findings and sense of Congress concerning Army Specialist Joseph
Darby.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Sec. 1101. Payment of Federal employee health benefit premiums for mobilized
Federal employees.
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118 STAT. 1821
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Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian intelligence personnel.
Sec. 1104. Pay parity for senior executives in defense nonappropriated fund instru-
mentalities.
Sec. 1105. Science, mathematics, and research for transformation (SMART) defense
scholarship pilot program.
Sec. 1106. Report on how to recruit and retain individuals with foreign language
skills.
Sec. 1107. Plan on implementation and utilization of flexible personnel manage-
ment authorities in Department of Defense laboratories.
TITLE XII—MATTERS RELATING TO OTHER NATIONS
Subtitle A—Matters Relating to Iraq, Afghanistan, and Global War on
Terrorism
Sec. 1201. Commanders’ Emergency Response Program.
Sec. 1202. Assistance to Iraq and Afghanistan military and security forces.
Sec. 1203. Redesignation and modification of authorities relating to Inspector Gen-
eral of the Coalition Provisional Authority.
Sec. 1204. Presidential report on strategy for stabilization of Iraq.
Sec. 1205. Guidance on contractors supporting deployed forces in Iraq.
Sec. 1206. Report on contractors supporting deployed forces and reconstruction ef-
forts in Iraq.
Sec. 1207. United Nations Oil-for-Food Program.
Sec. 1208. Support of military operations to combat terrorism.
Subtitle B—Counterproliferation Matters
Sec. 1211. Defense international counterproliferation programs.
Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic missiles.
Sec. 1213. Sense of Congress on the global partnership against the spread of weap-
ons of mass destruction.
Sec. 1214. Report on collaborative measures to reduce the risks of a launch of Rus-
sian nuclear weapons.
Subtitle C—Other Matters
Sec. 1221. Authority for humanitarian assistance for the detection and clearance of
landmines extended to include other explosive remnants of war.
Sec. 1222. Expansion of entities of the People’s Republic of China subject to certain
presidential authorities when operating in the United States.
Sec. 1223. Assignment of NATO naval personnel to submarine safety programs.
Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members.
Sec. 1225. Bilateral exchanges and trade in defense articles and defense services
between the United States and the United Kingdom and Australia.
Sec. 1226. Study on missile defense cooperation.
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE
FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Temporary authority to waive limitation on funding for chemical weap-
ons destruction facility in Russia.
Sec. 1304. Inclusion of descriptive summaries in annual Cooperative Threat Reduc-
tion reports and budget justification materials.
TITLE XIV—SUNKEN MILITARY CRAFT
Sec. 1401. Preservation of title to sunken military craft and associated contents.
Sec. 1402. Prohibitions.
Sec. 1403. Permits.
Sec. 1404. Penalties.
Sec. 1405. Liability for damages.
Sec. 1406. Relationship to other laws.
Sec. 1407. Encouragement of agreements with foreign countries.
Sec. 1408. Definitions.
TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO
OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Defense-wide activities procurement.
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118 STAT. 1822
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 1505. Operation and maintenance.
Sec. 1506. Defense working capital funds.
Sec. 1507. Iraq Freedom Fund.
Sec. 1508. Defense health program.
Sec. 1509. Military personnel.
Sec. 1510. Treatment as additional authorizations.
Sec. 1511. Transfer authority.
DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 2003 project.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
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.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of approval and notice requirements for facility repair
projects.
Sec. 2802. Reporting requirements regarding military family housing requirements
for general officers and flag officers.
Sec. 2803. Congressional notification of deviations from authorized cost variations
for military construction projects and military family housing projects.
Sec. 2804. Assessment of vulnerability of military installations to terrorist attack
and annual report on military construction requirements related to
antiterrorism and force protection.
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118 STAT. 1823
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 2805. Repeal of limitations on use of alternative authority for acquisition and
improvement of military housing.
Sec. 2806. Additional reporting requirements relating to alternative authority for
acquisition and improvement of military housing.
Sec. 2807. Temporary authority to accelerate design efforts for military construc-
tion projects carried out using design-build selection procedures.
Sec. 2808. Notification thresholds and requirements for expenditures or contribu-
tions for acquisition of facilities for reserve components.
Sec. 2809. Authority to exchange reserve component facilities to acquire replace-
ment facilities.
Sec. 2810. One-year extension of temporary, limited authority to use operation and
maintenance funds for construction projects outside the United States.
Sec. 2811. Consideration of combination of military medical treatment facilities and
health care facilities of Department of Veterans Affairs.
Subtitle B—Real Property and Facilities Administration
Sec. 2821. Reorganization of existing administrative provisions relating to real
property transactions.
Sec. 2822. Development of Heritage Center for the National Museum of the United
States Army.
Sec. 2823. Elimination of reversionary interests clouding United States title to
property used as Navy homeports.
Subtitle C—Base Closure and Realignment
Sec. 2831. Establishment of specific deadline for submission of revisions to force-
structure plan and infrastructure inventory.
Sec. 2832. Specification of final selection criteria for 2005 base closure round.
Sec. 2833. Repeal of authority of Secretary of Defense to recommend that installa-
tions be placed in inactive status.
Sec. 2834. Voting requirements for Defense Base Closure and Realignment Com-
mission to add to or otherwise expand closure and realignment rec-
ommendations made by Secretary of Defense.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2841. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2842. Land exchange, Fort Campbell, Kentucky and Tennessee.
Sec. 2843. Land conveyance, Louisiana Army Ammunition Plant, Doyline, Lou-
isiana.
Sec. 2844. Land conveyance, Fort Leonard Wood, Missouri.
Sec. 2845. Transfer of administrative jurisdiction, Defense Supply Center, Colum-
bus, Ohio.
Sec. 2846. Jurisdiction and utilization of former public domain lands, Umatilla
Chemical Depot, Oregon.
Sec. 2847. Modification of authority for land conveyance, equipment and storage
yard, Charleston, South Carolina.
Sec. 2848. Land conveyance, Fort Hood, Texas.
Sec. 2849. Land conveyance, local training area for Browning Army Reserve Cen-
ter, Utah.
Sec. 2850. Land conveyance, Army Reserve Center, Hampton, Virginia.
Sec. 2851. Land conveyance, Army National Guard Facility, Seattle, Washington.
Sec. 2852. Modification of land exchange and consolidation, Fort Lewis, Wash-
ington.
PART II—NAVY CONVEYANCES
Sec. 2861. Land exchange, former Richmond Naval Air Station, Florida.
Sec. 2862. Land conveyance, Honolulu, Hawaii.
Sec. 2863. Land conveyance, Navy property, former Fort Sheridan, Illinois.
Sec. 2864. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2865. Modification of land acquisition authority, Perquimans County, North
Carolina.
Sec. 2866. Land conveyance, Naval Weapons Station, Charleston, South Carolina.
Sec. 2867. Land conveyance, Navy YMCA building, Portsmouth, Virginia.
PART III—AIR FORCE CONVEYANCES
Sec. 2871. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2872. Land conveyance, March Air Force Base, California.
Sec. 2873. Land conveyance, former Griffiss Air Force Base, New York.
PART IV—OTHER CONVEYANCES
Sec. 2881. Land exchange, Arlington County, Virginia.
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118 STAT. 1824
PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle E—Other Matters
Sec. 2891. One-year resumption of Department of Defense Laboratory Revitaliza-
tion Demonstration Program.
Sec. 2892. Designation of Airmen Leadership School at Luke Air Force Base, Ari-
zona, in honor of John J. Rhodes, a former minority leader of the House
of Representatives.
Sec. 2893. Settlement of claim of Oakland Base Reuse Authority and Redevelop-
ment Agency.
Sec. 2894. Report on establishment of mobilization station at Camp Ripley National
Guard Training Center, Little Falls, Minnesota.
Sec. 2895. Report on feasibility of establishment of veterans memorial at Marine
Corps Air Station, El Toro, California.
Sec. 2896. Sense of Congress regarding effect of military housing policies and force
structure and basing changes on local educational agencies.
Sec. 2897. Sense of Congress and study regarding memorial honoring non-United
States citizens killed in the line of duty while serving in the United
States Armed Forces.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SE-
CURITY AUTHORIZATIONS AND OTHER AUTHORIZA-
TIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Report on requirements for Modern Pit Facility.
Sec. 3112. Two-year extension of authority for appointment of certain scientific, en-
gineering, and technical personnel.
Sec. 3113. Limited authority to carry out new projects under Facilities and Infra-
structure Recapitalization Program after project selection deadline.
Sec. 3114. Modification of milestone and report requirements for National Ignition
Facility.
Sec. 3115. Modification of submittal date of annual plan for stewardship, manage-
ment, and certification of warheads in the nuclear weapons stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. Treatment of waste material.
Sec. 3118. Local stakeholder organizations for 2006 closure sites.
Sec. 3119. Report to Congress on Advanced Nuclear Weapons Concepts Initiative.
Subtitle C—Proliferation Matters
Sec. 3131. Modification of authority to use International Nuclear Materials Protec-
tion and Cooperation Program funds outside the former Soviet Union.
Sec. 3132. Acceleration of removal or security of fissile materials, radiological mate-
rials, and related equipment at vulnerable sites worldwide.
Sec. 3133. Silk Road Initiative.
Sec. 3134. Nuclear nonproliferation fellowships for scientists employed by United
States and Russian Federation.
Sec. 3135. Utilization of international contributions to the elimination of weapons
grade plutonium production program.
Subtitle D—Other Matters
Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Report on maintenance of retirement benefits for certain workers at
2006 closure sites after closure of sites.
Sec. 3143. Report on efforts of National Nuclear Security Administration to under-
stand plutonium aging.
Sec. 3144. Support for public education in the vicinity of Los Alamos National Lab-
oratory, New Mexico.
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant to competi-
tive contract.
Sec. 3146. National Academy of Sciences study on management by Department of
Energy of certain radioactive waste streams.
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118 STAT. 1825
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders for acqui-
sition of lands for Manhattan Project in World War II.
Sec. 3148. Modification of requirements relating to conveyances and transfer of cer-
tain land at Los Alamos National Laboratory, New Mexico.
Subtitle E—Energy Employees Occupational Illness Compensation Program
Sec. 3161. Contractor employee compensation.
Sec. 3162. Conforming amendments.
Sec. 3163. Technical amendments.
Sec. 3164. Transfer of funds for fiscal year 2005.
Sec. 3165. Use of Energy Employees Occupational Illness Compensation Fund for
certain payments to covered uranium employees.
Sec. 3166. Improvements to Subtitle B of Energy Employees Occupational Illness
Compensation Program Act of 2000.
Sec. 3167. Emergency Special Exposure Cohort meeting and report.
Sec. 3168. Coverage of individuals employed at atomic weapons employer facilities
during periods of residual contamination.
Sec. 3169. Update of report on residual contamination of facilities.
Sec. 3170. Sense of Congress on resource center for energy employees under Energy
Employee Occupational Illness Compensation Program in western New
York and western Pennsylvania region.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revision of earlier authority to dispose of certain materials in National
Defense Stockpile.
Sec. 3303. Disposal of ferromanganese.
Sec. 3304. Prohibition on storage of mercury at certain facilities.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for Maritime Administration.
Sec. 3502. Extension of authority to provide war risk insurance for merchant ma-
rine vessels.
Sec. 3503. Modification of priority afforded applications for national defense tank
vessel construction assistance.
TITLE XXXVI—ASSISTANCE TO FIREFIGHTERS
Sec. 3601. Short title.
Sec. 3602. Amendments to Federal Fire Prevention and Control Act of 1974.
Sec. 3603. Report on assistance to firefighters.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ‘‘congressional defense
committees’’ has the meaning given that term in section 101(a)(16)
of title 10, United States Code.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority for the light weight 155-millimeter how-
itzer program.
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118 STAT. 1826
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 112. Light utility helicopter program.
Subtitle C—Navy Programs
Sec. 121. DDG–51 modernization program.
Sec. 122. Repeal of authority for pilot program for flexible funding of cruiser con-
versions and overhauls.
Sec. 123. LHA(R) amphibious assault ship program.
Subtitle D—Air Force Programs
Sec. 131. Prohibition of retirement of KC–135E aircraft.
Sec. 132. Prohibition of retirement of F–117 aircraft.
Sec. 133. Aerial refueling aircraft acquisition program.
Subtitle E—Other Matters
Sec. 141. Development of deployable systems to include consideration of force pro-
tection in asymmetric threat environments.
Sec. 142. Allocation of equipment authorized by this title to units deployed, or to
be deployed, to Operation Iraqi Freedom or Operation Enduring Free-
dom.
Sec. 143. Report on options for acquisition of precision-guided munitions.
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year
2005 for procurement for the Army as follows:
(1) For aircraft, $2,611,540,000.
(2) For missiles, $1,307,000,000.
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles,
$1,702,695,000.
(4) For ammunition, $1,545,702,000.
(5) For other procurement, $4,345,246,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 2005 for procurement for the Navy as follows:
(1) For aircraft, $8,814,442,000.
(2) For weapons, including missiles and torpedoes,
$2,067,520,000.
(3) For shipbuilding and conversion, $10,116,827,000.
(4) For other procurement, $4,633,886,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2005 for procurement for the Marine Corps
in the amount of $1,268,453,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for fiscal year 2005 for procurement
of ammunition for the Navy and the Marine Corps in the amount
of $878,140,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year
2005 for procurement for the Air Force as follows:
(1) For aircraft, $13,228,124,000.
(2) For ammunition, $1,318,959,000.
(3) For missiles, $4,548,513,000.
(4) For other procurement, $12,949,327,000.
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118 STAT. 1827
PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year
2005 
for 
Defense-wide 
procurement 
in 
the 
amount 
of
$2,846,583,000.
Subtitle B—Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE LIGHT
WEIGHT 155-MILLIMETER HOWITZER PROGRAM.
The Secretary of the Army and the Secretary of the Navy
may, in accordance with section 2306b of title 10, United States
Code, jointly enter into a multiyear contract, beginning with the
fiscal year 2005 program year, for procurement of the light weight
155-millimeter howitzer.
SEC. 112. LIGHT UTILITY HELICOPTER PROGRAM.
(a) LIMITATION.—None of the funds authorized to be appro-
priated under section 101(1) for the procurement of light utility
helicopters may be obligated or expended until 30 days after the
date on which the Secretary of the Army submits to the congres-
sional defense committees a report that contains—
(1) the Secretary’s certification that all required documenta-
tion for the acquisition of light utility helicopters has been
completed and approved; and
(2) an Army aviation modernization plan described in sub-
section (b).
(b) ARMY AVIATION MODERNIZATION PLAN.—The Army aviation
modernization plan referred to in subsection (a)(2) is an updated
modernization plan for Army aviation that contains, at a minimum,
the following:
(1) The analysis on which the plan is based.
(2) A discussion of the Secretary’s decision to terminate
the Comanche helicopter program and to restructure the avia-
tion force of the Army.
(3) The actions taken or to be taken to accelerate the
procurement and development of aircraft survivability equip-
ment for Army aircraft, together with a detailed list of aircraft
survivability equipment that specifies such equipment by plat-
form and by the related programmatic funding for procurement.
(4) A discussion of the conversion of Apache helicopters
to block III configuration, including (A) the rationale for con-
verting only 501 Apache helicopters to that configuration, and
(B) the costs associated with a conversion of all Apache heli-
copters to the block III configuration.
(5) A discussion of the procurement of light armed recon-
naissance helicopters, including (A) the rationale for the
requirement for light armed reconnaissance helicopters, and
(B) a discussion of the costs associated with upgrading the
light armed reconnaissance helicopter to meet Army require-
ments.
(6) The rationale for the Army’s requirement for light utility
helicopters, together with a summary and copy of the analysis
of the alternative means for meeting such requirement that
the Secretary considered in the determination to procure light
utility helicopters, including, at a minimum, the analysis of
the alternative of using light armed reconnaissance helicopters
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118 STAT. 1828
PUBLIC LAW 108–375—OCT. 28, 2004
and UH–60 Black Hawk helicopters instead of light utility
helicopters to meet such requirement.
(7) The rationale for the procurement of cargo fixed-wing
aircraft.
(8) The rationale for the initiation of a joint multi-role
helicopter program.
(9) A description of the operational employment of the
Army’s restructured aviation force.
Subtitle C—Navy Programs
SEC. 121. DDG–51 MODERNIZATION PROGRAM.
(a) ACCELERATION
OF MODERNIZATION PROGRAM.—The Sec-
retary of the Navy shall accelerate the program for in-service mod-
ernization of the DDG–51 class of destroyers (in this section referred
to as the ‘‘modernization program’’).
(b) REPORT.—Not later than March 31, 2005, the Secretary
of the Navy shall submit to the congressional defense committees
a report on the steps taken as of that date to carry out subsection
(a). The report shall—
(1) describe the elements of the modernization program;
and
(2) specify those elements of the modernization program
that are expected to contribute to the goal of reducing the
crew size of the DDG–51 class of destroyers by one-third and
explain the basis for those expectations.
SEC. 122. REPEAL OF AUTHORITY FOR PILOT PROGRAM FOR FLEXIBLE
FUNDING OF CRUISER CONVERSIONS AND OVERHAULS.
Section 126 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108–136; 117 Stat. 1410; 10 U.S.C. 7291
note) is repealed.
SEC. 123. LHA(R) AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) AUTHORIZATION OF SHIP.—The Secretary of the Navy is
authorized to procure the first amphibious assault ship of the
LHA(R) class, subject to the availability of appropriations for that
purpose.
(b) AUTHORIZED AMOUNT.—Of the amount authorized to be
appropriated under section 102(a)(3) for fiscal year 2005,
$150,000,000 shall be available for the advance procurement and
advance construction of components for the first amphibious assault
ship of the LHA(R) class. The Secretary of the Navy may enter
into a contract or contracts with the shipbuilder and other entities
for the advance procurement and advance construction of those
components.
Subtitle D—Air Force Programs
SEC. 131. PROHIBITION OF RETIREMENT OF KC–135E AIRCRAFT.
The Secretary of the Air Force may not retire any KC–135E
aircraft of the Air Force in fiscal year 2005.
SEC. 132. PROHIBITION OF RETIREMENT OF F–117 AIRCRAFT.
No F–117 aircraft in use by the Air Force during fiscal year
2004 may be retired during fiscal year 2005.
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SEC. 133. AERIAL REFUELING AIRCRAFT ACQUISITION PROGRAM.
(a) TERMINATION OF LEASING AUTHORITY.—Subsection (a) of
section 135 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108–136; 117 Stat. 1413; 10 U.S.C. 2401a
note) is amended by striking ‘‘may lease no more than 20 tanker
aircraft’’ and inserting ‘‘shall lease no tanker aircraft’’.
(b) MULTIYEAR PROCUREMENT AUTHORITY.—Subsection (b) of
such section is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Beginning with the fiscal year 2004
program year, the Secretary’’ and inserting ‘‘The Secretary’’;
and
(B) by striking ‘‘necessary to meet’’ and all that follows
through ‘‘is insufficient’’;
(2) in paragraph (2), by striking ‘‘80’’ and inserting ‘‘100’’;
and
(3) by striking paragraph (4).
(c) STUDY.—Subsection (c)(1) of such section is amended by
striking ‘‘leased under the multiyear aircraft lease pilot program
or’’ in subparagraphs (A) and (B).
(d) RELATIONSHIP TO PREVIOUS LAW.—Such section is further
amended by adding at the end the following new subsection:
‘‘(f) RELATIONSHIP TO PREVIOUS LAW.—The multiyear procure-
ment authority in subsection (b) may not be executed under section
8159 of the Department of Defense Appropriations Act, 2002 (divi-
sion A of Public Law 107–117).’’.
Subtitle E—Other Matters
SEC. 141. DEVELOPMENT OF DEPLOYABLE SYSTEMS TO INCLUDE
CONSIDERATION OF FORCE PROTECTION IN ASYM-
METRIC THREAT ENVIRONMENTS.
(a) REQUIREMENT FOR SYSTEMS DEVELOPMENT.—The Secretary
of Defense shall require that the Department of Defense regulations,
directives, and guidance governing the acquisition of covered sys-
tems be revised to require that—
(1) an assessment of warfighter survivability and of system
suitability against asymmetric threats shall be performed as
part of the development of system requirements for any such
system; and
(2) requirements for key performance parameters for force
protection and survivability shall be included as part of the
documentation of system requirements for any such system.
(b) COVERED SYSTEMS.—In this section, the term ‘‘covered
system’’ means any of the following systems that is expected to
be deployed in an asymmetric threat environment:
(1) Any manned system.
(2) Any equipment intended to enhance personnel surviv-
ability.
(c) INAPPLICABILITY OF DEVELOPMENT REQUIREMENT TO SYS-
TEMS ALREADY THROUGH DEVELOPMENT.—The revisions pursuant
subsection (a) to Department of Defense regulations, directives,
and guidance shall not apply to a system that entered low-rate
initial production before the date of the enactment of this Act.
(d) DEADLINE FOR POLICY REVISIONS.—The revisions required
by subsection (a) to Department of Defense regulations, directives,
Regulations.
10 USC 2302
note.
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118 STAT. 1830
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and guidance shall be made not later than 120 days after the
date of the enactment of this Act.
SEC. 142. ALLOCATION OF EQUIPMENT AUTHORIZED BY THIS TITLE
TO UNITS DEPLOYED, OR TO BE DEPLOYED, TO OPER-
ATION IRAQI FREEDOM OR OPERATION ENDURING
FREEDOM.
In allocating equipment acquired using funds authorized to
be appropriated by this title to operational units deployed, or sched-
uled to be deployed, to Operation Iraqi Freedom or Operation
Enduring Freedom, the Secretary of Defense shall ensure that
the allocation is made without regard to the status of the units
as active, Guard, or reserve component units.
SEC. 143. REPORT ON OPTIONS FOR ACQUISITION OF PRECISION-
GUIDED MUNITIONS.
(a) REQUIREMENT FOR REPORT.—Not later than March 1, 2005,
the Secretary of Defense shall submit to the congressional defense
committees a report on options for the acquisition of precision-
guided munitions.
(b) CONTENT
OF REPORT.—The report shall include the fol-
lowing:
(1) A list of the precision-guided munitions in the inventory
of the Department of Defense.
(2) For each such munition—
(A) the inventory level as of the most recent date
that it is feasible to specify when the report is prepared;
(B) the inventory objective that is necessary to execute
the current National Military Strategy prescribed by the
Chairman of the Joint Chiefs of Staff;
(C) the year in which that inventory objective would
be expected to be achieved—
(i) if the munition were procured at the minimum
sustained production rate;
(ii) if the munition were procured at the most
economic production rate; and
(iii) if the munition were procured at the maximum
production rate; and
(D) the procurement cost for each munition (in constant
fiscal year 2004 dollars) at each of the production rates
specified in subparagraph (C) for each year in the future-
years defense program.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Future Combat Systems program strategy.
Sec. 212. Collaborative program for research and development of vacuum elec-
tronics technologies.
Sec. 213. Annual Comptroller General report on Joint Strike Fighter program.
Sec. 214. Amounts for United States Joint Forces Command to be derived only
from Defense-wide amounts.
Sec. 215. Global Positioning System III satellite.
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118 STAT. 1831
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 216. Initiation of concept demonstration of Global Hawk high altitude endur-
ance unmanned aerial vehicle.
Sec. 217. Joint Unmanned Combat Air Systems program.
Subtitle C—Missile Defense Programs
Sec. 231. Fielding of ballistic missile defense capabilities.
Sec. 232. Integration of Patriot Advanced Capability-3 and Medium Extended Air
Defense System into ballistic missile defense system.
Sec. 233. Comptroller General assessments of ballistic missile defense programs.
Sec. 234. Baselines and operational test and evaluation for ballistic missile defense
system.
Subtitle D—Other Matters
Sec. 241. Annual report on submarine technology insertion.
Sec. 242. Sense of Congress regarding funding of the Advanced Shipbuilding Enter-
prise under the National Shipbuilding Research Program of the Navy.
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2005 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows:
(1) For the Army, $9,307,248,000.
(2) For the Navy, $16,200,591,000.
(3) For the Air Force, $20,432,933,000.
(4) For Defense-wide activities, $20,556,986,000, of which
$304,135,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) FISCAL YEAR 2005.—Of the amounts authorized to be appro-
priated by section 201, $11,191,600,000 shall be available for the
Defense Science and Technology Program, including basic research,
applied research, and advanced technology development projects.
(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECH-
NOLOGY DEVELOPMENT DEFINED.—For purposes of this section, the
term ‘‘basic research, applied research, and advanced technology
development’’ means work funded in program elements for defense
research and development under Department of Defense category
6.1, 6.2, or 6.3.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. FUTURE COMBAT SYSTEMS PROGRAM STRATEGY.
(a) PROGRAM STRATEGY REQUIRED.—The Secretary of the Army
shall establish and implement a program strategy for the Future
Combat Systems acquisition program of the Army. The purpose
of the program strategy shall be to provide an effective, affordable,
producible, and supportable military capability with a realistic
schedule and a robust cost estimate.
(b) ELEMENTS OF PROGRAM STRATEGY.—The program strategy
shall—
(1) require the release, at the design readiness review,
of not less than 90 percent of engineering drawings for the
building of prototypes;
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118 STAT. 1832
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(2) require, before facilitating production or contracting
for items with long lead times, that an acceptable demonstra-
tion be carried out of the performance of the information net-
work, including the performance of the Joint Tactical Radio
System and the Warfighter Information Network-Tactical; and
(3) require, before the initial production decision, that an
acceptable demonstration be carried out of the collective capa-
bility of each system to meet system-of-systems requirements
when integrated with the information network.
(c) REQUIRED SUBMISSIONS TO CONGRESS.—Before convening
the Milestone B update for the Future Combat Systems acquisition
program required by the Future Combat Systems acquisition deci-
sion memorandum, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to Congress each of the
following documents:
(1) The cost estimate of the Army with respect to the
Future Combat Systems program.
(2) A report, prepared by an independent panel, on the
maturity levels of the critical technologies with respect to the
program, including an assessment of those technologies that
are likely to require a decision to use an alternative approach.
(3) A report, prepared by the chief information officer of
the Army, describing—
(A) the status of the development and integration of
the network and the command, control, computers, commu-
nications, intelligence, surveillance, and reconnaissance
components; and
(B) the progress made toward meeting the require-
ments for network-centric capabilities as set forth by such
officer.
(4) A report identifying the key performance parameters
with respect to the program, with all objectives and thresholds
quantified, together with the supporting analytical rationale.
(d) INDEPENDENT COST ESTIMATE.—The Under Secretary of
Defense for Acquisition, Technology, and Logistics shall submit
to Congress not later than March 1, 2005, an independent cost
estimate, prepared by the cost analysis improvement group of the
Office of the Secretary of Defense, with respect to the Future
Combat Systems program.
(e) LIMITATION ON FUNDING.—(1) Except as provided in para-
graph (2), the Secretary of the Army may not obligate, from amounts
made available for fiscal year 2005, more than $2,200,000,000 for
the Future Combat Systems acquisition program.
(2) The limitation in paragraph (1) shall not apply after the
Secretary of the Army submits to Congress—
(A) the Secretary’s certification that the Secretary has
established and implemented the program strategy required
by subsection (a); and
(B) each of the documents specified in subsection (c).
SEC. 212. COLLABORATIVE PROGRAM FOR RESEARCH AND DEVELOP-
MENT OF VACUUM ELECTRONICS TECHNOLOGIES.
(a) PROGRAM REQUIRED.—The Secretary of Defense shall estab-
lish a program for research and development in advanced vacuum
electronics to meet the requirements of Department of Defense
systems.
10 USC 2358
note.
Deadline.
Reports.
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118 STAT. 1833
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(b) DESCRIPTION OF PROGRAM.—The program under subsection
(a) shall be carried out collaboratively by the Director of Defense
Research and Engineering, the Secretary of the Navy, the Secretary
of the Air Force, the Secretary of the Army, and other appropriate
elements of the Department of Defense. The program shall include
the following activities:
(1) Activities needed for development and maturation of
advanced vacuum electronics technologies needed to meet the
requirements of the Department of Defense.
(2) Identification of legacy and developmental Department
of Defense systems which may make use of advanced vacuum
electronics under the program.
(c) REPORT.—Not later than January 31, 2005, the Director
of Defense Research and Engineering shall submit to the congres-
sional defense committees a report on the implementation of the
program under subsection (a). The report shall include the following:
(1) Identification of the organization to have lead responsi-
bility for carrying out the program.
(2) Assessment of the role of investing in vacuum elec-
tronics technologies as part of the overall strategy of the Depart-
ment of Defense for investing in electronics technologies to
meet the requirements of the Department.
(3) The management plan and schedule for the program
and any agreements relating to that plan.
(4) Identification of the funding required for fiscal year
2006 and for the future-years defense program to carry out
the program.
(5) A list of program capability goals and objectives.
(6) An outline of the role of basic and applied research
in support of the development and maturation of advanced
vacuum electronics technologies needed to meet the require-
ments of the Department of Defense.
(7) Assessment of global capabilities in vacuum electronics
technologies and the effect of those capabilities on the national
security and economic competitiveness of the United States.
SEC. 213. ANNUAL COMPTROLLER GENERAL REPORT ON JOINT STRIKE
FIGHTER PROGRAM.
(a) ANNUAL GAO REVIEW.—The Comptroller General shall con-
duct an annual review of the Joint Strike Fighter aircraft program
and shall, not later than March 15 of each year, submit to the
congressional defense committees a report on the results of the
most recent review. With each such report, the Comptroller General
shall submit a certification as to whether the Comptroller General
has had access to sufficient information to enable the Comptroller
General to make informed judgments on the matters covered by
the report.
(b) MATTERS TO BE INCLUDED.—Each report on the Joint Strike
Fighter aircraft program under subsection (a) shall include the
following with respect to system development and demonstration
under the program:
(1) The extent to which such system development and
demonstration is meeting established goals, including the goals
established for performance, cost, and schedule.
(2) The plan for such system development and demonstra-
tion (leading to production) for the fiscal year that begins
in the year in which the report is submitted.
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118 STAT. 1834
PUBLIC LAW 108–375—OCT. 28, 2004
(3) The Comptroller General’s conclusion regarding whether
such system development and demonstration (leading to produc-
tion) is likely to be completed at a total cost not in excess
of the amount specified (or to be specified) for such purpose
in the Selected Acquisition report for the Joint Strike Fighter
aircraft program under section 2432 of title 10, United States
Code, for the first quarter of the fiscal year during which
the report of the Comptroller General is submitted.
(c) REQUIREMENT TO SUPPORT ANNUAL GAO REVIEW.—The Sec-
retary of Defense and the prime contractor for the Joint Strike
Fighter aircraft program shall provide to the Comptroller General
such information on that program as the Comptroller General con-
siders necessary to carry out the responsibilities of the Comptroller
General under this section, including such information as is nec-
essary for the purposes of subsection (b)(3).
(d) TERMINATION.—No report is required under this section
after the report that, under subsection (a), is required to be sub-
mitted not later than March 15, 2009.
SEC. 214. AMOUNTS FOR UNITED STATES JOINT FORCES COMMAND
TO BE DERIVED ONLY FROM DEFENSE-WIDE AMOUNTS.
(a) IN GENERAL.—Chapter 9 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 232. United States Joint Forces Command: amounts for
research, development, test, and evaluation to
be derived only from Defense-wide amounts
‘‘(a) REQUIREMENT.—Amounts for research, development, test,
and evaluation for the United States Joint Forces Command shall
be derived only from amounts made available to the Department
of Defense for Defense-wide research, development, test, and evalua-
tion.
‘‘(b) SEPARATE DISPLAY IN BUDGET.—Any amount in the budget
submitted to Congress under section 1105 of title 31 for any fiscal
year for research, development, test, and evaluation for the United
States Joint Forces Command shall be set forth under the account
of the Department of Defense for Defense-wide research, develop-
ment, test, and evaluation.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘232. United States Joint Forces Command: amounts for research, development,
test, and evaluation to be derived only from Defense-wide amounts.’’.
(c) APPLICABILITY.—Section 232 of title 10, United States Code
(as added by subsection (a)) applies to fiscal years beginning with
fiscal year 2007.
SEC. 215. GLOBAL POSITIONING SYSTEM III SATELLITE.
Not more than 80 percent of the amount authorized to be
appropriated by section 201(4) and available for the purpose of
research, development, test, and evaluation on the Global Posi-
tioning System III satellite may be obligated or expended for that
purpose until the Secretary of Defense—
(1) completes an analysis of alternatives for the satellite
and ground architectures, satellite technologies, and tactics,
techniques, and procedures for the next generation global posi-
tioning system (GPS); and
10 USC 232 note.
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118 STAT. 1835
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(2) submits to the congressional defense committees a
report on the results of the analysis, including an assessment
of the results of the analysis.
SEC. 216. INITIATION OF CONCEPT DEMONSTRATION OF GLOBAL
HAWK HIGH ALTITUDE ENDURANCE UNMANNED AERIAL
VEHICLE.
Section 221(c) 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–40) is amended by striking
‘‘March 1, 2001’’ and inserting ‘‘March 1, 2005’’.
SEC. 217. JOINT UNMANNED COMBAT AIR SYSTEMS PROGRAM.
(a) EXECUTIVE COMMITTEE.—(1) The Secretary of Defense shall,
subject to subsection (b), establish an executive committee and
require that executive committee to provide guidance and rec-
ommendations for the management of the Joint Unmanned Combat
Air Systems program to the Director of the Defense Advanced
Research Projects Agency and the personnel who are managing
the program for such agency.
(2) The executive committee established under paragraph (1)
shall be composed of the following members:
(A) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, who shall chair the executive committee.
(B) The Assistant Secretary of the Navy for Research,
Development, and Acquisition.
(C) The Assistant Secretary of the Air Force for Acquisition.
(D) The Deputy Chief of Naval Operations for Warfare
Requirements and Programs.
(E) The Deputy Chief of Staff of the Air Force for Air
and Space Operations.
(F) Any additional personnel of the Department of Defense
whom the Secretary determines appropriate for membership
on the executive committee.
(b) APPLICABILITY ONLY TO DARPA-MANAGED PROGRAM.—The
requirements of subsection (a) apply with respect to the Joint
Unmanned Combat Air Systems program only while the program
is managed by the Defense Advanced Research Projects Agency.
Subtitle C—Missile Defense Programs
SEC. 231. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
(a) AUTHORITY.—Funds described in subsection (b) may, upon
approval by the Secretary of Defense, be used for the development
and fielding of ballistic missile defense capabilities.
(b) COVERED FUNDS.—Subsection (a) applies to funds appro-
priated for fiscal year 2005 or fiscal year 2006 for research, develop-
ment, test, and evaluation for the Missile Defense Agency.
SEC. 232. INTEGRATION OF PATRIOT ADVANCED CAPABILITY-3 AND
MEDIUM EXTENDED AIR DEFENSE SYSTEM INTO BAL-
LISTIC MISSILE DEFENSE SYSTEM.
(a) RELATIONSHIP TO BALLISTIC MISSILE DEFENSE SYSTEM.—
The combined program of the Department of the Army known
as the Patriot Advanced Capability-3/Medium Extended Air Defense
System air and missile defense program (hereinafter in this section
10 USC 2431
note.
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118 STAT. 1836
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referred to as the ‘‘PAC–3/MEADS program’’) is an element of
the Ballistic Missile Defense System.
(b) MANAGEMENT OF CONFIGURATION CHANGES.—The Director
of the Missile Defense Agency, in consultation with the Secretary
of the Army (acting through the Assistant Secretary of the Army
for Acquisition, Logistics and Technology) shall ensure that any
configuration change for the PAC–3/MEADS program is subject
to the configuration control board processes of the Missile Defense
Agency so as to ensure integration of the PAC–3/MEADS element
with appropriate elements of the Ballistic Missile Defense System.
(c) REQUIRED PROCEDURES.—(1) Except as otherwise directed
by the Secretary of Defense, the Secretary of the Army (acting
through the Assistant Secretary of the Army for Acquisition, Logis-
tics and Technology) may make a significant change to the baseline
technical specifications or the baseline schedule for the PAC–3/
MEADS program only with the concurrence of the Director of the
Missile Defense Agency.
(2) With respect to a proposal by the Secretary of the Army
to make a significant change to the procurement quantity (including
any quantity in any future block procurement) that, as of the
date of such proposal, is planned for the PAC–3/MEADS program,
the Secretary of Defense shall establish—
(A) procedures for a determination of the effect of such
change on Ballistic Missile Defense System capabilities and
on the cost of the PAC–3/MEADS program; and
(B) procedures for review of the proposed change by all
relevant commands and agencies of the Department of Defense,
including determination of the concurrence or nonconcurrence
of each such command and agency with respect to such proposed
change.
(d) REPORT.—Not later than February 1, 2005, the Secretary
of Defense shall submit to the congressional defense committees
a report describing the procedures developed pursuant to subsection
(c)(2).
(e) DEFINITIONS.—For purpose of this section:
(1) The term ‘‘significant change’’ means, with respect to
the PAC–3/MEADS program, a change that would substantially
alter the role or contribution of that program in the Ballistic
Missile Defense System.
(2) The term ‘‘baseline technical specifications’’ means, with
respect to the PAC–3/MEADS program, those technical speci-
fications for that program that have been approved by the
configuration control board of the Missile Defense Agency and
are in effect as of the date of the review.
(3) The term ‘‘baseline schedule’’ means, with respect to
the PAC–3/MEADS program, the development and production
schedule for the PAC–3/MEADS program in effect at the time
of a review of such program conducted pursuant to subsection
(b) or (c)(2)(B).
SEC. 233. COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MIS-
SILE DEFENSE PROGRAMS.
Section 232(g) of the National Defense Authorization Act for
Fiscal Year 2002 (10 U.S.C. 2431 note) is amended to read as
follows:
‘‘(g) COMPTROLLER GENERAL ASSESSMENT.—(1) At the conclu-
sion of each of fiscal years 2002 through 2006, the Comptroller
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118 STAT. 1837
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General of the United States shall carry out an assessment of
the extent to which the Missile Defense Agency achieved the goals
established under subsection (c) for that fiscal year for each ballistic
missile defense program of the Department of Defense.
‘‘(2) Not later than February 15 of each of 2003 through 2007,
the Comptroller General shall submit to the congressional defense
committees a report on the Comptroller General’s assessment under
paragraph (1) with respect to the preceding fiscal year.’’.
SEC. 234. BASELINES AND OPERATIONAL TEST AND EVALUATION FOR
BALLISTIC MISSILE DEFENSE SYSTEM.
(a) TESTING CRITERIA.—Not later than February 1, 2005, the
Secretary of Defense, in consultation with the Director of Oper-
ational Test and Evaluation, shall prescribe appropriate criteria
for operationally realistic testing of fieldable prototypes developed
under the ballistic missile defense spiral development program.
The Secretary shall submit a copy of the prescribed criteria to
the congressional defense committees.
(b) USE OF CRITERIA.—(1) The Secretary of Defense shall ensure
that, not later than October 1, 2005, a test of the ballistic missile
defense system is conducted consistent with the criteria prescribed
under subsection (a).
(2) The Secretary of Defense shall ensure that each block
configuration of the ballistic missile defense system is tested con-
sistent with the criteria prescribed under subsection (a).
(c) RELATIONSHIP TO OTHER LAW.—Nothing in this section shall
be construed to exempt any spiral development program of the
Department of Defense, after completion of the spiral development,
from the applicability of any provision of chapter 144 of title 10,
United States Code, or section 139, 181, 2366, 2399, or 2400 of
such title in accordance with the terms and conditions of such
provision.
(d) EVALUATION.—(1) The Director of Operational Test and
Evaluation shall evaluate the results of each test conducted under
subsection (a) as soon as practicable after the completion of such
test.
(2) The Director shall submit to the Secretary of Defense and
the congressional defense committees a report on the evaluation
of each test conducted under subsection (a) upon completion of
the evaluation of such test under paragraph (1).
(e) COST, SCHEDULE, AND PERFORMANCE BASELINES.—(1) The
Director of the Missile Defense Agency shall establish cost, schedule,
and performance baselines for each block configuration of the Bal-
listic Missile Defense System being fielded. The cost baseline for
a block configuration shall include full life cycle costs for the block
configuration.
(2) The Director shall include the baselines established under
paragraph (1) in the first Selected Acquisition Report for the Bal-
listic Missile Defense System that is submitted to Congress under
section 2432 of title 10, United States Code, after the establishment
of such baselines.
(3) The Director shall also include in the Selected Acquisition
Report submitted to Congress under paragraph (2) the significant
assumptions used in determining the performance baseline under
paragraph (1), including any assumptions regarding threat missile
countermeasures and decoys.
Reports.
Deadline.
Deadline.
10 USC 2431
note.
Deadline.
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(f) VARIATIONS AGAINST BASELINES.—In the event the cost,
schedule, or performance of any block configuration of the Ballistic
Missile Defense System varies significantly (as determined by the
Director of the Ballistic Missile Defense Agency) from the applicable
baseline established under subsection (d), the Director shall include
such variation, and the reasons for such variation, in the Selected
Acquisition Report submitted to Congress under section 2432 of
title 10, United States Code.
(g) MODIFICATIONS OF BASELINES.—In the event the Director
of the Missile Defense Agency elects to undertake any modification
of a baseline established under subsection (d), the Director shall
submit to the congressional defense committees a report setting
forth the reasons for such modification.
Subtitle D—Other Matters
SEC. 241. ANNUAL REPORT ON SUBMARINE TECHNOLOGY INSERTION.
(a) REPORT REQUIRED.—(1) For each of fiscal years 2006, 2007,
2008, and 2009, the Secretary of Defense shall submit to the
congressional defense committees a report on the submarine tech-
nologies that are available or potentially available for insertion
in submarines of the Navy to reduce the production and operating
costs of the submarines while maintaining or improving the
effectiveness of the submarines.
(2) The annual report for a fiscal year under paragraph (1)
shall be submitted at the same time that the President submits
to Congress the budget for that fiscal year under section 1105(a)
of title 31, United States Code.
(b) CONTENT.—The report on submarine technologies under
subsection (a) shall include, for each class of submarines of the
Navy, the following matters:
(1) A list of the technologies that have been demonstrated,
together with—
(A) a plan for the insertion of any such technologies
that have been determined appropriate for such sub-
marines; and
(B) the estimated cost of such technology insertions.
(2) A list of the technologies that have not been dem-
onstrated, together with a plan for the demonstration of any
such technologies that have the potential for being appropriate
for such submarines.
SEC. 242. SENSE OF CONGRESS REGARDING FUNDING OF THE
ADVANCED SHIPBUILDING ENTERPRISE UNDER THE
NATIONAL SHIPBUILDING RESEARCH PROGRAM OF THE
NAVY.
(a) FINDINGS.—Congress makes the following findings:
(1) The budget for fiscal year 2005, as submitted to Con-
gress by the President, provides $10,300,000 for the Advanced
Shipbuilding Enterprise under the National Shipbuilding
Research Program of the Navy.
(2) The Advanced Shipbuilding Enterprise is an innovative
program to encourage greater efficiency in the national tech-
nology and industrial base.
(3) The leaders of the United States shipbuilding industry
have embraced the Advanced Shipbuilding Enterprise as a
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118 STAT. 1839
PUBLIC LAW 108–375—OCT. 28, 2004
method for exploring and collaborating on innovation in ship-
building and ship repair that collectively benefits all compo-
nents of the industry.
(b) SENSE OF CONGRESS.—It is the sense of Congress—
(1) that Congress—
(A) strongly supports the innovative Advanced Ship-
building Enterprise under the National Shipbuilding
Research Program as an enterprise between the Navy and
industry that has yielded new processes and techniques
that reduce the cost of building and repairing ships in
the United States; and
(B) is concerned that the future-years defense program
of the Department of Defense that was submitted to Con-
gress for fiscal year 2005 does not reflect any funding
for the Advanced Shipbuilding Enterprise after fiscal year
2005; and
(2) that the Secretary of Defense should continue to provide
in the future-years defense program for funding the Advanced
Shipbuilding Enterprise at a sustaining level in order to support
additional research to further reduce the cost of designing,
building, and repairing ships.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B—Environmental Provisions
Sec. 311. Satisfaction of Superfund audit requirements by Inspector General of the
Department of Defense.
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in
connection with Moses Lake Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 313. Increase in authorized amount of environmental remediation, Front
Royal, Virginia.
Sec. 314. Small boat harbor, Unalaska, Alaska.
Sec. 315. Report regarding encroachment issues affecting Utah Test and Training
Range, Utah.
Sec. 316. Comptroller General study and report on alternative technologies to de-
contaminate groundwater at Department of Defense installations.
Sec. 317. Comptroller General study and report on drinking water contamination
and related health effects at Camp Lejeune, North Carolina.
Sec. 318. Sense of Congress regarding perchlorate contamination of ground and
surface water from Department of Defense activities.
Subtitle C—Workplace and Depot Issues
Sec. 321. Simplification of annual reporting requirements concerning funds ex-
pended for depot maintenance and repair workloads.
Sec. 322. Repeal of annual reporting requirement concerning management of depot
employees.
Sec. 323. Extension of special treatment for certain expenditures incurred in oper-
ation of Centers of Industrial and Technical Excellence.
Sec. 324. Temporary authority for contractor performance of security-guard func-
tions.
Sec. 325. Pilot program for purchase of certain municipal services for Army instal-
lations.
Sec. 326. Bid protests by Federal employees in actions under Office of Management
and Budget Circular A–76.
Sec. 327. Limitations on conversion of work performed by Department of Defense
civilian employees to contractor performance.
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118 STAT. 1840
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 328. Competitive sourcing reporting requirement.
Subtitle D—Information Technology
Sec. 331. Preparation of Department of Defense plan for transition to Internet Pro-
tocol version 6.
Sec. 332. Defense business enterprise architecture, system accountability, and con-
ditions for obligation of funds for defense business system moderniza-
tion.
Sec. 333. Report on maturity and effectiveness of the Global Information Grid
Bandwidth Expansion (GIG–BE).
Subtitle E—Extensions of Program Authorities
Sec. 341. Two-year extension of Department of Defense telecommunications benefit.
Sec. 342. Extension of Arsenal Support Program Initiative.
Sec. 343. Two-year extension of warranty claims recovery pilot program.
Subtitle F—Other Matters
Sec. 351. Reimbursement for certain protective, safety, or health equipment pur-
chased by or for members of the Armed Forces deployed in contingency
operations.
Sec. 352. Limitation on preparation or implementation of Mid-Range Financial Im-
provement Plan pending report.
Sec. 353. Pilot program to authorize Army working-capital funded facilities to en-
gage in cooperative activities with non-Army entities.
Sec. 354. Transfer of excess Department of Defense personal property to assist fire-
fighting agencies.
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year
2005 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $26,098,411,000.
(2) For the Navy, $29,682,590,000.
(3) For the Marine Corps, $3,648,115,000.
(4) For the Air Force, $28,298,660,000.
(5) For Defense-wide activities, $17,325,276,000.
(6) For the Army Reserve, $2,008,128,000.
(7) For the Naval Reserve, $1,240,038,000.
(8) For the Marine Corps Reserve, $188,696,000
(9) For the Air Force Reserve, $2,239,790,000
(10) For the Army National Guard, $4,452,786,000.
(11) For the Air National Guard, $4,503,338,000.
(12) For the United States Court of Appeals for the Armed
Forces, $10,825,000.
(13) For Environmental Restoration, Army, $400,948,000.
(14) For Environmental Restoration, Navy, $266,820,000.
(15) 
For 
Environmental 
Restoration, 
Air 
Force,
$397,368,000.
(16) 
For 
Environmental 
Restoration, 
Defense-wide,
$23,684,000
(17) For Environmental Restoration, Formerly Used
Defense Sites, $256,516,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $59,000,000.
(19) 
For 
Cooperative 
Threat 
Reduction 
programs,
$409,200,000.
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118 STAT. 1841
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(20) For the Overseas Contingency Operations Transfer
Fund, $10,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
2005 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $451,886,000.
(2) For the National Defense Sealift Fund, $1,269,252,000.
(3) For the Defense Working Capital Fund, Defense Com-
missary, $1,175,000,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) DEFENSE HEALTH PROGRAM.—Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year
2005 for expenses, not otherwise provided for, for the Defense
Health Program, in the amount of $17,657,386,000, of which—
(1) $17,219,844,000 is for Operation and Maintenance;
(2) $72,907,000 is for Research, Development, Test, and
Evaluation; and
(3) $364,635,000 is for Procurement.
(b) 
CHEMICAL
AGENTS
AND
MUNITIONS
DESTRUCTION,
DEFENSE.—(1) Funds are hereby authorized to be appropriated
for the Department of Defense for fiscal year 2005 for expenses,
not otherwise provided for, for Chemical Agents and Munitions
Destruction, Defense, in the amount of $1,371,990,000, of which—
(A) $1,088,801,000 is for Operation and Maintenance;
(B) $204,209,000 is for Research, Development, Test, and
Evaluation; and
(C) $78,980,000 is for Procurement.
(2) Amounts authorized to be appropriated under paragraph
(1) are authorized for—
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
(c) DRUG
INTERDICTION
AND
COUNTER-DRUG
ACTIVITIES,
DEFENSE-WIDE.—Funds are hereby authorized to be appropriated
for the Department of Defense for fiscal year 2005 for expenses,
not otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, in the amount of $852,947,000.
(d) DEFENSE INSPECTOR GENERAL.—Funds are hereby author-
ized to be appropriated for the Department of Defense for fiscal
year 2005 for expenses, not otherwise provided for, for the Office
of the Inspector General of the Department of Defense, in the
amount of $204,562,000, of which—
(1) $202,362,000 is for Operation and Maintenance;
(2) $2,100,000 is for Procurement; and
(3) $100,000 is for Research, Development, Test, and
Evaluation.
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118 STAT. 1842
PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle B—Environmental Provisions
SEC. 311. SATISFACTION OF SUPERFUND AUDIT REQUIREMENTS BY
INSPECTOR 
GENERAL 
OF 
THE 
DEPARTMENT 
OF
DEFENSE.
(a) SATISFACTION OF REQUIREMENTS.—The Inspector General
of the Department of Defense shall be deemed to be in compliance
with the requirements of section 111(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9611(k)) if the Inspector General conducts periodic audits
of the payments, obligations, reimbursements, and other uses of
the Hazardous Substance Superfund by the Department of Defense,
even if such audits do not occur on an annual basis.
(b) REPORTS TO CONGRESS ON AUDITS.—The Inspector General
shall submit to Congress a report on each audit conducted by
the Inspector General as described in subsection (a).
SEC. 
312. 
REIMBURSEMENT 
OF 
ENVIRONMENTAL 
PROTECTION
AGENCY FOR CERTAIN COSTS IN CONNECTION WITH
MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES
LAKE, WASHINGTON.
(a) AUTHORITY TO REIMBURSE.—(1) Using funds described in
subsection (b), the Secretary of Defense may transfer not more
than $524,926.54 to the Moses Lake Wellfield Superfund Site 10–
6J Special Account.
(2) The payment under paragraph (1) is to reimburse the
Environmental Protection Agency for its costs, including interest,
incurred in overseeing a remedial investigation/feasibility study
performed by the Department of the Army under the Defense
Environmental Restoration Program at the former Larson Air Force
Base, Moses Lake Superfund Site, Moses Lake, Washington.
(3) The reimbursement described in paragraph (2) is provided
for in the interagency agreement entered into by the Department
of the Army and the Environmental Protection Agency for the
Moses Lake Wellfield Superfund Site in March 1999.
(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall
be made using funds authorized to be appropriated by section
301(17) for operation and maintenance for Environmental Restora-
tion, Formerly Used Defense Sites.
(c) USE OF FUNDS.—The Environmental Protection Agency shall
use the amount transferred under subsection (a) to pay costs
incurred by the Agency at the Moses Lake Wellfield Superfund
Site.
SEC. 313. INCREASE IN AUTHORIZED AMOUNT OF ENVIRONMENTAL
REMEDIATION, FRONT ROYAL, VIRGINIA.
Section 591(a)(2) of the Water Resources Development Act of
1999 (Public Law 106–53; 113 Stat. 378) is amended by striking
‘‘$12,000,000’’ and inserting ‘‘$22,000,000’’.
SEC. 314. SMALL BOAT HARBOR, UNALASKA, ALASKA.
The Secretary of the Army shall carry out the small boat
harbor project in Unalaska, Alaska, at a total estimated cost of
$23,200,000, with an estimated Federal cost of $11,500,000 and
an estimated non-Federal cost of $11,700,000, substantially in
accordance with the plans, and subject to the conditions, rec-
ommended in a final report of the Chief of Engineers if a favorable
Deadline.
42 USC 9611
note.
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118 STAT. 1843
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final report of the Chief for the project is completed not later
than December 31, 2004.
SEC. 315. REPORT REGARDING ENCROACHMENT ISSUES AFFECTING
UTAH TEST AND TRAINING RANGE, UTAH.
(a) REPORT REQUIRED.—The Secretary of the Air Force shall
prepare a report that outlines current and anticipated encroach-
ments on the use and utility of the special use airspace of the
Utah Test and Training Range in the State of Utah, including
encroachments brought about through actions of other Federal agen-
cies. The Secretary shall include in the report such recommenda-
tions as the Secretary considers appropriate regarding any legisla-
tive initiatives necessary to address encroachment problems identi-
fied by the Secretary in the report.
(b) SUBMISSION
OF REPORT.—Not later than one year after
the date of the enactment of this Act, the Secretary shall submit
the report to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate. It is the sense of Congress that the recommendations con-
tained in the report should be carefully considered for future legisla-
tive action.
(c) PROHIBITION ON GROUND MILITARY OPERATIONS.—Nothing
in this section shall be construed to permit a military operation
to be conducted on the ground in a covered wilderness study area
in the Utah Test and Training Range.
(d) COMMUNICATIONS AND TRACKING SYSTEMS.—Nothing in this
section shall be construed to prevent any required maintenance
of existing communications, instrumentation, or electronic tracking
systems (or the infrastructure supporting such systems) necessary
for effective testing and training to meet military requirements
in the Utah Test and Training Range.
SEC. 316. COMPTROLLER GENERAL STUDY AND REPORT ON ALTER-
NATIVE TECHNOLOGIES TO DECONTAMINATE GROUND-
WATER AT DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) COMPTROLLER GENERAL STUDY.—The Comptroller General
shall conduct a study to determine whether cost-effective tech-
nologies are available to the Department of Defense for the cleanup
of groundwater contamination at Department installations in lieu
of traditional methods, such as pump and treat, used to respond
to groundwater contamination.
(b) ELEMENTS OF STUDY.—In conducting the study under sub-
section (a), the Comptroller General shall—
(1) identify current technologies being used or field tested
by the Department of Defense to treat groundwater at Depart-
ment installations;
(2) identify cost-effective technologies for the cleanup of
groundwater contamination that—
(A) are being researched, are under development by
commercial vendors, or are available commercially and
being used outside the Department; and
(B) have potential for use by the Department to address
groundwater contamination;
(3) evaluate the potential benefits and limitations of using
the technologies identified under paragraphs (1) and (2); and
(4) consider the barriers, such as cost, capability, or legal
restrictions, to using the technologies identified under para-
graph (2).
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118 STAT. 1844
PUBLIC LAW 108–375—OCT. 28, 2004
(c) REPORT REQUIRED.—Not later than April 1, 2005, the Comp-
troller General shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives a report containing the results of the study,
including information regarding the matters specified in subsection
(b) and any recommendations, including recommendations for
administrative or legislative action, that the Comptroller General
considers appropriate.
SEC. 317. COMPTROLLER GENERAL STUDY AND REPORT ON DRINKING
WATER 
CONTAMINATION 
AND 
RELATED 
HEALTH
EFFECTS AT CAMP LEJEUNE, NORTH CAROLINA.
(a) STUDY.—The Comptroller General shall conduct a study
on drinking water contamination and related health effects at Camp
Lejeune, North Carolina. The study shall consist of the following:
(1) A study of the history of drinking water contamination
at Camp Lejeune to determine, to the extent practical—
(A) what contamination has been found in the drinking
water;
(B) the source of such contamination and when it may
have begun; and
(C) what actions have been taken to address such
contamination.
(2) An assessment of the study on the possible health
effects associated with the drinking of contaminated drinking
water at Camp Lejeune as proposed by the Agency for Toxic
Substances and Disease Registry of the Department of Health
and Human Services, including whether the proposed study—
(A) will address the appropriate at-risk populations;
(B) will encompass an appropriate timeframe;
(C) will consider all relevant health effects; and
(D) can be completed on an expedited basis without
compromising its quality.
(b) AUTHORITY TO USE EXPERTS.—The Comptroller General
may use experts in conducting the study required by subsection
(a). Any such experts shall be independent, highly qualified, and
knowledgeable in the matters covered by the study.
(c) PARTICIPATION
BY OTHER INTERESTED PARTIES.—In con-
ducting the study required by subsection (a), the Comptroller Gen-
eral shall ensure that interested parties, including individuals who
lived or worked at Camp Lejeune during the period when the
drinking water may have been contaminated, have the opportunity
to submit information and views on the matters covered by the
study.
(d) CONSTRUCTION WITH ATSDR STUDY.—The requirement
under subsection (a)(2) that the Comptroller General conduct an
assessment of the study proposed by the Agency for Toxic Sub-
stances and Disease Registry, as described in such subsection, may
not be construed as a basis for the delay of that study. The assess-
ment is intended to provide an independent review of the appro-
priateness and credibility of the study proposed by the Agency
and to identify possible improvements in the plan or implementation
of the study proposed by the Agency.
(e) REPORT.—(1) Not later than one year after the date of
the enactment of this Act, the Comptroller General shall submit
to the congressional defense committees a report on the study
required by subsection (a), including such recommendations as the
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118 STAT. 1845
PUBLIC LAW 108–375—OCT. 28, 2004
Comptroller General considers appropriate for further study or for
legislative or other action.
(2) Recommendations under paragraph (1) may include rec-
ommendations for modifications or additions to the study proposed
by the Agency for Toxic Substances and Disease Registry, as
described in subsection (a)(2), in order to improve the study.
SEC. 318. SENSE OF CONGRESS REGARDING PERCHLORATE CONTAMI-
NATION OF GROUND AND SURFACE WATER FROM
DEPARTMENT OF DEFENSE ACTIVITIES.
It is the sense of Congress that the Secretary of Defense
should—
(1) develop a plan for the remediation of perchlorate
contamination resulting from the activities of the Department
of Defense to ensure that the Department is prepared to
respond quickly and appropriately once the United States estab-
lishes a drinking water standard for perchlorate;
(2) continue remediation activities for perchlorate contami-
nation at those sites where perchlorate contamination poses
an imminent and substantial endangerment to public health
and welfare and where the Department is undertaking site-
specific remedial action as of the date of the enactment of
this Act;
(3) develop a plan for the remediation of perchlorate
contamination resulting from the activities of the Department
of Defense in cases in which, notwithstanding the lack of a
drinking water standard for perchlorate, such contamination
is present in ground or surface water at levels that the Sec-
retary of Defense determines pose a hazard to human health;
and
(4) continue the process of evaluating and prioritizing per-
chlorate contamination sites without waiting for the establish-
ment of the Federal drinking water standard for perchlorate.
Subtitle C—Workplace and Depot Issues
SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS
CONCERNING FUNDS EXPENDED FOR DEPOT MAINTE-
NANCE AND REPAIR WORKLOADS.
Subsection (d) of section 2466 of title 10, United States Code,
is amended to read as follows:
‘‘(d) ANNUAL REPORT AND REVIEW.—(1) Not later than April
1 of each year, the Secretary of Defense shall submit to Congress
a report identifying, for each of the armed forces (other than the
Coast Guard) and each Defense Agency, the percentage of the
funds referred to in subsection (a) that was expended during the
preceding fiscal year, and are projected to be expended during
the current fiscal year and the ensuing fiscal year, for performance
of depot-level maintenance and repair workloads by the public
and private sectors.
‘‘(2) Not later than 90 days after the date on which the Secretary
submits a report under paragraph (1), the Comptroller General
shall submit to Congress the Comptroller General’s views on
whether—
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118 STAT. 1846
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‘‘(A) the Department of Defense complied with the require-
ments of subsection (a) during the preceding fiscal year covered
by the report; and
‘‘(B) the expenditure projections for the current fiscal year
and the ensuing fiscal year are reasonable.’’.
SEC. 322. REPEAL OF ANNUAL REPORTING REQUIREMENT CON-
CERNING MANAGEMENT OF DEPOT EMPLOYEES.
(a) REPEAL.—Section 2472 of title 10, United States Code, is
amended—
(1) by striking ‘‘(a) PROHIBITION ON MANAGEMENT BY END
STRENGTH.—’’; and
(2) by striking subsection (b).
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 2472. Prohibition on management of depot employees by
end strength’’.
(2) The table of sections at the beginning of chapter 146 of
such title is amended by striking the item relating to section 2472
and inserting the following new item:
‘‘2472. Prohibition on management of depot employees by end strength.’’.
SEC. 323. EXTENSION OF SPECIAL TREATMENT FOR CERTAIN EXPENDI-
TURES INCURRED IN OPERATION OF CENTERS OF INDUS-
TRIAL AND TECHNICAL EXCELLENCE.
Section 2474(f)(1) of title 10, United States Code, is amended
by striking ‘‘through 2006’’ and inserting ‘‘through 2009’’.
SEC. 324. TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE
OF SECURITY-GUARD FUNCTIONS.
(a) CONDITIONAL EXTENSION OF AUTHORITY.—Subsection (c) of
section 332 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2513) is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘AUTHORITY.—’’; and
(2) by striking ‘‘at the end of the three-year period’’ and
all that follows through the period at the end of the subsection
and inserting the following: ‘‘at the end of September 30, 2006,
except that such authority shall not be in effect after December
1, 2005, if the Secretary fails to submit to Congress the plan
required by subsection (d)(4), until the date on which the Sec-
retary submits the plan.
‘‘(2) No security-guard functions may be performed under any
contract entered into using the authority provided under this section
during any period in which the authority for contractor performance
of security-guard functions under this section is not in effect under
paragraph (1). The term of any contract entered into using such
authority may not extend beyond September 30, 2006.’’.
(b) REAFFIRMATION
AND REVISION
OF REPORTING REQUIRE-
MENT.—Subsection (d) of such section is amended to read as follows:
‘‘(d) REPORT AND PLAN REQUIRED.—Not later than December
1, 2005, the Secretary of Defense shall submit to the congressional
defense committees a report that—
‘‘(1) identifies each contract for the performance of security-
guard functions entered into on or before September 30, 2004,
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pursuant to the authority provided by subsection (a), including
information regarding—
‘‘(A) each installation at which such security-guard
functions are performed or are to be performed;
‘‘(B) the period and amount of such contract;
‘‘(C) the number of security guards employed or to
be employed under such contract;
‘‘(D) whether the contract was awarded pursuant to
full and open competition; and
‘‘(E) the actions taken or to be taken within the Depart-
ment of Defense to ensure that the conditions applicable
under paragraph (1) of subsection (a) or determined under
paragraph (2) of such subsection are satisfied;
‘‘(2) identifies, for each military installation at which such
authority was used or is expected to be used, any requirements
for the performance of security-guard functions described in
subsection (a) that are expected to continue after the date
on which such authority expires;
‘‘(3) identifies any limitation or constraint on the end
strength of the civilian workforce of the Department of Defense
that makes it difficult to meet requirements identified under
paragraph (2) by hiring personnel as civilian employees of
the Department of Defense; and
‘‘(4) includes a plan for meeting such requirements, in
a manner consistent with applicable law, on a long-term basis.’’.
SEC. 325. PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNICIPAL
SERVICES FOR ARMY INSTALLATIONS.
(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Army may
carry out a pilot program to procure one or more of the municipal
services specified in subsection (b) for an Army installation from
a county or municipality in which the installation is located for
the purpose of evaluating the efficacy of procuring such services
rather than providing them directly.
(b) SERVICES AUTHORIZED FOR PROCUREMENT.—Only the fol-
lowing services may be procured for a military installation partici-
pating in the pilot program:
(1) Refuse collection.
(2) Refuse disposal.
(3) Library services.
(4) Recreation services.
(5) Facility maintenance and repair.
(6) Utilities.
(c) PARTICIPATING INSTALLATIONS.—Not more than two Army
installations may be selected to participate in the pilot program,
and only installations located in the United States are eligible
for selection.
(d) CONGRESSIONAL NOTIFICATION.—The Secretary may not
enter into a contract under the pilot program for the procurement
of municipal services until the Secretary notifies the congressional
defense committees of the proposed contract and a period of 14
days elapses from the date the notification is received by the
committees.
(e) IMPLEMENTATION REPORT.—(1) Not later than February 1,
2007, the Secretary shall submit to the congressional defense
committees and the Comptroller General a report describing the
implementation of the pilot program, evaluating the efficacy of
10 USC 2461
note.
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procuring municipal services for participating installations from
local counties or municipalities, and containing any recommenda-
tions that the Secretary considers appropriate regarding expansion
or alteration of the program.
(2) The Comptroller General shall submit to the congressional
defense committees an assessment of the findings and recommenda-
tions contained in the report submitted under paragraph (1).
(f) TERMINATION OF PILOT PROGRAM.—The pilot program shall
terminate on September 30, 2010. Any contract entered into under
the pilot program shall terminate not later than that date.
SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER
OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A–76.
(a) TREATMENT OF AGENCY TENDER OFFICIAL AS INTERESTED
PARTY.—Section 3551(2) of title 31, United States Code, is
amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) The term includes the official responsible for submit-
ting the Federal agency tender in a public-private competition
conducted under Office of Management and Budget Circular
A–76 regarding an activity or function of a Federal agency
performed by more than 65 full-time equivalent employees of
the Federal agency.’’.
(b) FILING OF PROTEST ON BEHALF OF FEDERAL EMPLOYEES.—
Section 3552 of such title is amended—
(1) by inserting ‘‘(a)’’ before ‘‘A protest’’; and
(2) by adding at the end the following new subsection:
‘‘(b)(1) In the case of an agency tender official who is an
interested party under section 3551(2)(B) of this title, the official
may file a protest in connection with the public-private competition
for which the official is an interested party. At the request of
a majority of the employees of the Federal agency who are engaged
in the performance of the activity or function subject to such public-
private competition, the official shall file a protest in connection
with such public-private competition unless the official determines
that there is no reasonable basis for the protest.
‘‘(2) The determination of an agency tender official under para-
graph (1) whether or not to file a protest is not subject to adminis-
trative or judicial review. An agency tender official shall provide
written notification to Congress whenever the official makes a deter-
mination under paragraph (1) that there is no reasonable basis
for a protest.’’.
(c) INTERVENTION IN PROTEST.—Section 3553 of such title is
amended by adding at the end the following new subsection:
‘‘(g) If an interested party files a protest in connection with
a public-private competition described in section 3551(2)(B) of this
title, a person representing a majority of the employees of the
Federal agency who are engaged in the performance of the activity
or function subject to the public-private competition may intervene
in protest.’’.
(d) APPLICABILITY.—The amendments made by this section shall
apply to protests filed under subchapter V of chapter 35 of title
31, United States Code, that relate to studies initiated under Office
of Management and Budget Circular A–76 on or after the end
of the 90-day period beginning on the date of the enactment of
this Act.
31 USC 3551
note.
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(e) RULE OF CONSTRUCTION.—The amendments made by this
section shall not be construed to authorize the use of a protest
under subchapter V of chapter 35 of title 31, United States Code,
with regard to a decision made by an agency tender official.
SEC. 327. LIMITATIONS ON CONVERSION OF WORK PERFORMED BY
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES TO
CONTRACTOR PERFORMANCE.
(a) REQUIRED COST-SAVINGS THRESHOLD FOR CONVERSION.—
If a public-private competition conducted under the Office of
Management and Budget Circular A–76 dated May 29, 2003 (68
Fed. Reg. 32134), regarding an activity or function performed by
civilian employees of the Department of Defense is required to
include a formal comparison of the cost of civilian employee perform-
ance of the activity or function with the cost of contractor perform-
ance, the Secretary of Defense shall maintain the continued
performance of the activity or function by civilian employees unless
the competitive sourcing official determines that, over all perform-
ance periods stated in the solicitation of offers for performance
of the activity or function, the cost of performance of the activity
or function by a contractor would be less costly to the Department
of Defense by an amount that equals or exceeds the lesser of
the following:
(1) $10,000,000.
(2) 10 percent of the most efficient organization’s personnel-
related costs for performance of the activity or function by
civilian employees.
(b) PROHIBITION ON MODIFICATION OF FUNCTIONS TO PERMIT
STREAMLINED A–76 STUDY.—The Secretary of Defense shall ensure
that no organization, function, or activity of the Department of
Defense is consolidated, restructured, reengineered, or otherwise
modified in any way for the purpose of exempting any public-
private competition conducted under the Office of Management
and Budget Circular A–76 dated May 29, 2003 (68 Fed. Reg. 32134),
regarding a commercial or industrial type function of the Depart-
ment of Defense from the requirement to formally compare, in
accordance with such Circular, the cost of civilian employee perform-
ance of the function with the cost of contractor performance.
(c) EXCEPTION.—Subsection (a) does not apply in the case of
a public-private competition conducted as part of the best-value
source selection pilot program authorized by section 336 of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108–136; 10 U.S.C. 2461 note).
SEC. 328. COMPETITIVE SOURCING REPORTING REQUIREMENT.
Not later than February 1, 2005, the Inspector General of
the Department of Defense shall submit to Congress a report
addressing whether the Department of Defense—
(1) employs a sufficient number of adequately trained
civilian employees—
(A) to conduct satisfactorily, taking into account equity,
efficiency and expeditiousness, all of the public-private com-
petitions that are scheduled to be undertaken by the
Department of Defense during the next fiscal year
(including a sufficient number of employees to formulate
satisfactorily the performance work statements and most
efficient organization plans for the purposes of such com-
petitions); and
10 USC 2461
note.
31 USC 3551
note.
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(B) to administer any resulting contracts; and
(2) has implemented a comprehensive and reliable system
to track and assess the cost and quality of the performance
of functions of the Department of Defense by service contrac-
tors.
Subtitle D—Information Technology
SEC. 331. PREPARATION OF DEPARTMENT OF DEFENSE PLAN FOR
TRANSITION TO INTERNET PROTOCOL VERSION 6.
(a) TRANSITION PLAN REQUIRED.—The Secretary of Defense
shall prepare a plan detailing the Department of Defense strategy
to provide for the transition of the Department’s information tech-
nology systems to Internet Protocol version 6 from the present
use of Internet Protocol version 4 and other network protocols.
In preparing the transition plan, the Secretary shall compare pri-
vate industry plans for the transition to Internet Protocol version
6.
(b) ELEMENTS OF PLAN.—The transition plan required by sub-
section (a) shall include the following:
(1) An outline of the networking and security system equip-
ment that will need to be replaced in the transition, including
the timing and costs of such replacement.
(2) An assessment of how the current and new networks
and security systems will be managed.
(3) An assessment of the potential impact of the transition,
including an overall cost estimate for the transition and an
estimate of the costs to be incurred by each of the military
departments and the Defense Agencies.
(4) Any measures proposed to alleviate any adverse effects
of the transition.
(c) TESTING AND EVALUATION FOR INTERNET PROTOCOL.—To
determine whether a change to the use of Internet Protocol version
6 will support Department of Defense requirements, the Secretary
of Defense shall provide for rigorous, real-world, end-to-end testing
of Internet Protocol version 6, as proposed for use by the Depart-
ment, to evaluate the following:
(1) The ability of Internet Protocol version 6, with its
‘‘best effort’’ quality of service, to satisfactory support the
Department’s multiple applications and other information tech-
nology systems, including the use of Internet Protocol version
6 over bandwidth-constrained tactical circuits.
(2) The ability of the Department’s networks using Internet
Protocol version 6 to respond to, and perform under, heavy
loading of the core networks.
(d) REPORTS ON PLAN AND TEST RESULTS.—(1) Not later than
March 31, 2005, the Secretary of Defense shall submit to the
congressional defense committees a report containing the transition
plan prepared under subsection (a).
(2) Not later than September 30, 2005, the Director of Oper-
ational Test and Evaluation shall submit to the congressional
defense committees a report containing an update on the continuing
test program and any test results.
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SEC. 332. DEFENSE BUSINESS ENTERPRISE ARCHITECTURE, SYSTEM
ACCOUNTABILITY, AND CONDITIONS FOR OBLIGATION
OF FUNDS FOR DEFENSE BUSINESS SYSTEM MODERNIZA-
TION.
(a) IN GENERAL.—(1) Chapter 131 of title 10, United States
Code, is amended by inserting before section 2223 the following
new section:
‘‘§ 2222. Defense business systems: architecture, account-
ability, and modernization
‘‘(a) CONDITIONS FOR OBLIGATION OF FUNDS FOR DEFENSE BUSI-
NESS SYSTEM MODERNIZATION.—Effective October 1, 2005, funds
appropriated to the Department of Defense may not be obligated
for a defense business system modernization that will have a total
cost in excess of $1,000,000 unless—
‘‘(1) the approval authority designated for the defense busi-
ness system certifies to the Defense Business Systems Manage-
ment Committee established by section 186 of this title that
the defense business system modernization—
‘‘(A) is in compliance with the enterprise architecture
developed under subsection (c);
‘‘(B) is necessary to achieve a critical national security
capability or address a critical requirement in an area
such as safety or security; or
‘‘(C) is necessary to prevent a significant adverse effect
on a project that is needed to achieve an essential capa-
bility, taking into consideration the alternative solutions
for preventing such adverse effect; and
‘‘(2) the certification by the approval authority is approved
by the Defense Business Systems Management Committee.
‘‘(b) OBLIGATION OF FUNDS IN VIOLATION OF REQUIREMENTS.—
The obligation of Department of Defense funds for a business system
modernization in excess of the amount specified in subsection (a)
that has not been certified and approved in accordance with such
subsection is a violation of section 1341(a)(1)(A) of title 31.
‘‘(c) ENTERPRISE ARCHITECTURE FOR DEFENSE BUSINESS SYS-
TEMS.—Not later than September 30, 2005, the Secretary of Defense,
acting through the Defense Business Systems Management Com-
mittee, shall develop—
‘‘(1) an enterprise architecture to cover all defense business
systems, and the functions and activities supported by defense
business systems, which shall be sufficiently defined to effec-
tively guide, constrain, and permit implementation of interoper-
able defense business system solutions and consistent with
the policies and procedures established by the Director of the
Office of Management and Budget, and
‘‘(2) a transition plan for implementing the enterprise
architecture for defense business systems.
‘‘(d) COMPOSITION OF ENTERPRISE ARCHITECTURE.—The defense
business enterprise architecture developed under subsection (c)(1)
shall include the following:
‘‘(1) An information infrastructure that, at a minimum,
would enable the Department of Defense to—
‘‘(A) comply with all Federal accounting, financial
management, and reporting requirements;
‘‘(B) routinely produce timely, accurate, and reliable
financial information for management purposes;
Deadline.
Effective date.
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118 STAT. 1852
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‘‘(C) integrate budget, accounting, and program
information and systems; and
‘‘(D) provide for the systematic measurement of
performance, including the ability to produce timely, rel-
evant, and reliable cost information.
‘‘(2) Policies, procedures, data standards, and system inter-
face requirements that are to apply uniformly throughout the
Department of Defense.
‘‘(e) COMPOSITION OF TRANSITION PLAN.—(1) The transition plan
developed under subsection (c)(2) shall include the following:
‘‘(A) The acquisition strategy for new systems that are
expected to be needed to complete the defense business enter-
prise architecture.
‘‘(B) A listing of the defense business systems as of
December 2, 2002 (known as ‘legacy systems’), that will not
be part of the objective defense business enterprise architecture,
together with the schedule for terminating those legacy systems
that provides for reducing the use of those legacy systems
in phases.
‘‘(C) A listing of the legacy systems (referred to in subpara-
graph (B)) that will be a part of the objective defense business
system, together with a strategy for making the modifications
to those systems that will be needed to ensure that such sys-
tems comply with the defense business enterprise architecture.
‘‘(2) Each of the strategies under paragraph (1) shall include
specific time-phased milestones, performance metrics, and a state-
ment of the financial and nonfinancial resource needs.
‘‘(f) APPROVAL AUTHORITIES AND ACCOUNTABILITY FOR DEFENSE
BUSINESS
SYSTEMS.—The Secretary of Defense shall delegate
responsibility for review, approval, and oversight of the planning,
design, acquisition, deployment, operation, maintenance, and mod-
ernization of defense business systems as follows:
‘‘(1) The Under Secretary of Defense for Acquisition, Tech-
nology and Logistics shall be responsible and accountable for
any defense business system the primary purpose of which
is to support acquisition activities, logistics activities, or
installations and environment activities of the Department of
Defense.
‘‘(2) The Under Secretary of Defense (Comptroller) shall
be responsible and accountable for any defense business system
the primary purpose of which is to support financial manage-
ment activities or strategic planning and budgeting activities
of the Department of Defense.
‘‘(3) The Under Secretary of Defense for Personnel and
Readiness shall be responsible and accountable for any defense
business system the primary purpose of which is to support
human resource management activities of the Department of
Defense.
‘‘(4) The Assistant Secretary of Defense for Networks and
Information Integration and the Chief Information Officer of
the Department of Defense shall be responsible and accountable
for any defense business system the primary purpose of which
is to support information technology infrastructure or informa-
tion assurance activities of the Department of Defense.
‘‘(5) The Deputy Secretary of Defense or an Under Secretary
of Defense, as designated by the Secretary of Defense, shall
be responsible for any defense business system the primary
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118 STAT. 1853
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purpose of which is to support any activity of the Department
of Defense not covered by paragraphs (1) through (4).
‘‘(g) DEFENSE BUSINESS SYSTEM INVESTMENT REVIEW.—(1) The
Secretary of Defense shall require each approval authority des-
ignated under subsection (f) to establish, not later than March
15, 2005, an investment review process, consistent with section
11312 of title 40, to review the planning, design, acquisition,
development, deployment, operation, maintenance, modernization,
and project cost benefits and risks of all defense business systems
for which the approval authority is responsible. The investment
review process so established shall specifically address the respon-
sibilities of approval authorities under subsection (a).
‘‘(2) The review of defense business systems under the invest-
ment review process shall include the following:
‘‘(A) Review and approval by an investment review board
of each defense business system as an investment before the
obligation of funds on the system.
‘‘(B) Periodic review, but not less than annually, of every
defense business system investment.
‘‘(C) Representation on each investment review board by
appropriate officials from among the armed forces, combatant
commands, the Joint Chiefs of Staff, and Defense Agencies.
‘‘(D) Use of threshold criteria to ensure an appropriate
level of review within the Department of Defense of, and
accountability for, defense business system investments
depending on scope, complexity, and cost.
‘‘(E) Use of procedures for making certifications in accord-
ance with the requirements of subsection (a).
‘‘(F) Use of procedures for ensuring consistency with the
guidance issued by the Secretary of Defense and the Defense
Business Systems Management Committee, as required by sec-
tion 186(c) of this title, and incorporation of common decision
criteria, including standards, requirements, and priorities that
result in the integration of defense business systems.
‘‘(h) BUDGET INFORMATION.—In the materials that the Secretary
submits to Congress in support of the budget submitted to Congress
under section 1105 of title 31 for fiscal year 2006 and fiscal years
thereafter, the Secretary of Defense shall include the following
information:
‘‘(1) Identification of each defense business system for which
funding is proposed in that budget.
‘‘(2) Identification of all funds, by appropriation, proposed
in that budget for each such system, including—
‘‘(A) funds for current services (to operate and maintain
the system); and
‘‘(B) funds for business systems modernization, identi-
fied for each specific appropriation.
‘‘(3) For each such system, identification of the official
to whom authority for such system is delegated under sub-
section (f).
‘‘(4) For each such system, a description of each certification
made under subsection (d) with regard to such system.
‘‘(i) CONGRESSIONAL REPORTS.—Not later than March 15 of
each year from 2005 through 2009, the Secretary of Defense shall
submit to the congressional defense committees a report on Depart-
ment of Defense compliance with the requirements of this section.
The first report shall define plans and commitments for meeting
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118 STAT. 1854
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the requirements of subsection (a), including specific milestones
and performance measures. Subsequent reports shall—
‘‘(1) describe actions taken and planned for meeting the
requirements of subsection (a), including—
‘‘(A) specific milestones and actual performance against
specified performance measures, and any revision of such
milestones and performance measures; and
‘‘(B) specific actions on the defense business system
modernizations submitted for certification under such sub-
section;
‘‘(2) identify the number of defense business system mod-
ernizations so certified;
‘‘(3) identify any defense business system modernization
with an obligation in excess of $1,000,000 during the preceding
fiscal year that was not certified under subsection (a), and
the reasons for the waiver; and
‘‘(4) discuss specific improvements in business operations
and cost savings resulting from successful defense business
systems modernization efforts.
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) The term ‘approval authority’, with respect to a defense
business system, means the Department of Defense official
responsible for the defense business system, as designated by
subsection (f).
‘‘(2) The term ‘defense business system’ means an informa-
tion system, other than a national security system, operated
by, for, or on behalf of the Department of Defense, including
financial systems, mixed systems, financial data feeder systems,
and information technology and information assurance infra-
structure, used to support business activities, such as acquisi-
tion, financial management, logistics, strategic planning and
budgeting, installations and environment, and human resource
management.
‘‘(3) The term ‘defense business system modernization’
means—
‘‘(A) the acquisition or development of a new defense
business system; or
‘‘(B) any significant modification or enhancement of
an existing defense business system (other than necessary
to maintain current services).
‘‘(4) The term ‘enterprise architecture’ has the meaning
given that term in section 3601(4) of title 44.
‘‘(5) The terms ‘information system’ and ‘information tech-
nology’ have the meanings given those terms in section 11101
of title 40.
‘‘(6) The term ‘national security system’ has the meaning
given that term in section 2315 of this title.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting before the item relating to section 2223
the following new item:
‘‘2222. Defense business systems: architecture, accountability, and modernization.’’.
(b) DEFENSE BUSINESS SYSTEM MANAGEMENT COMMITTEE.—
(1) Chapter 7 of such title is amended by adding at the end the
following new section:
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‘‘§ 186. Defense Business System Management Committee
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a Defense Business Systems Management Committee, to be com-
posed of the following persons:
‘‘(1) The Deputy Secretary of Defense.
‘‘(2) The Under Secretary of Defense for Acquisition, Logis-
tics, and Technology.
‘‘(3) The Under Secretary of Defense for Personnel and
Readiness.
‘‘(4) The Under Secretary of Defense (Comptroller).
‘‘(5) The Assistant Secretary of Defense for Networks and
Information Integration.
‘‘(6) The Secretaries of the military departments and the
heads of the Defense Agencies.
‘‘(7) Such additional personnel of the Department of
Defense (including personnel assigned to the Joint Chiefs of
Staff and combatant commands) as are designated by the Sec-
retary of Defense.
‘‘(b) CHAIRMAN AND VICE CHAIRMAN.—The Deputy Secretary
of Defense shall serve as the chairman of the Committee. The
Secretary of Defense shall designate one of the officials specified
in paragraphs (2) through (5) of subsection (a) as the vice chairman
of the Committee, who shall act as chairman in the absence of
the Deputy Secretary of Defense.
‘‘(c) DUTIES.—(1) In addition to any other matters assigned
to the Committee by the Secretary of Defense, the Committee
shall—
‘‘(A) recommend to the Secretary of Defense policies and
procedures necessary to effectively integrate the requirements
of section 2222 of this title into all business activities and
any transformation, reform, reorganization, or process improve-
ment initiatives undertaken within the Department of Defense;
‘‘(B) review and approve any major update of the defense
business enterprise architecture developed under subsection
(b) of section 2222 of this title, including evolving the architec-
ture, and of defense business systems modernization plans;
and
‘‘(C) manage cross-domain integration consistent with such
enterprise architecture.
‘‘(2) The Committee shall be responsible for coordinating defense
business system modernization initiatives to maximize benefits and
minimize costs for the Department of Defense and periodically
report to the Secretary on the status of defense business system
modernization efforts.
‘‘(3) The Committee shall ensure that funds are obligated for
defense business system modernization in a manner consistent with
section 2222 of this title.
‘‘(c) DEFINITIONS.—In this section, the terms ‘defense business
system’ and ‘defense business system modernization’ have the
meanings given such terms in section 2222 of this title.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘186. Defense Business System Management Committee.’’.
(c) IMPLEMENTATION REQUIREMENTS.—Not later than 60 days
after the date of the enactment of this Act, the Secretary of Defense
shall—
Deadline.
10 USC 186 note.
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118 STAT. 1856
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(1) complete the delegation of responsibility for the review,
approval, and oversight of the planning, design, acquisition,
deployment, operation, maintenance, and modernization of
defense business systems required by subsection (f) of section
2222 of title 10, United States Code, as added by subsection
(a)(1); and
(2) designate a vice chairman of the Defense Business
System Management Committee, as required by subsection (b)
of section 186 of such title, as added by subsection (b)(1).
(d) COMPTROLLER GENERAL ASSESSMENT.—Not later than 60
days after the date on which the Secretary of Defense approves
the defense business enterprise architecture and transition plan
developed under section 2222 of title 10, United States Code, as
added by subsection (a)(1), and again each year not later than
60 days after the submission of the annual report required under
subsection (i), the Comptroller General shall submit to the congres-
sional defense committees an assessment of the extent to which
the actions taken by the Department comply with the requirements
of such section.
(e) RELATION
TO
ANNUAL
REGISTRATION
REQUIREMENTS.—
Nothing in sections 186 and 2222 of title 10, United States Code,
as added by this section, shall be construed to alter the require-
ments of section 8083 of the Department of Defense Appropriations
Act, 2005 (Public Law 108–287; 118 Stat. 989), with regard to
information technology systems (as defined in subsection (d) of
such section).
(f) REPEAL OF OBSOLETE FINANCIAL MANAGEMENT ENTERPRISE
ARCHITECTURE REQUIREMENTS.—Section 1004 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107–314; 10 U.S.C. 113 note) is repealed.
SEC. 333. REPORT ON MATURITY AND EFFECTIVENESS OF THE GLOBAL
INFORMATION GRID BANDWIDTH EXPANSION (GIG–BE).
(a) REPORT REQUIRED.—Not later that 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on a test program
to demonstrate the maturity and effectiveness of the Global
Information Grid-Bandwidth Expansion (hereinafter in this section
referred to as ‘‘GIG–BE’’).
(b) CONTENT OF REPORT.—In the report under subsection (a),
the Secretary of Defense shall include the following:
(1) The Secretary’s determination as to whether the results
of the test program described in subsection (a) demonstrate
compliance of the GIG–BE architecture with the overall goals
of the GIG–BE program.
(2) Identification of—
(A) the extent to which the GIG–BE architecture does
not meet the overall goals of the GIG–BE program; and
(B) the components of that architecture that are not
yet sufficiently developed to achieve the overall goals of
that program.
(3) A plan for achieving compliance referred to in paragraph
(1), together with cost estimates for carrying out that plan.
(4) Documentation of the equipment and network configura-
tion used in the test program to demonstrate real-world sce-
narios for the operation of the GIG–BE within the continental
United States.
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Subtitle E—Extensions of Program
Authorities
SEC. 341. TWO-YEAR EXTENSION OF DEPARTMENT OF DEFENSE TELE-
COMMUNICATIONS BENEFIT.
Section 344(c) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1448) is amended
by striking ‘‘September 30, 2004’’ and inserting ‘‘September 30,
2006’’.
SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
(a) DURATION OF PROGRAM.—Subsection (a) of section 343 of
the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C.
4551 note) is amended by striking ‘‘2004’’ and inserting ‘‘2008’’.
(b) ADDITIONAL REPORT REQUIRED.—Subsection (g) of such sec-
tion is amended—
(1) in paragraph (1), by striking ‘‘2004’’ and inserting
‘‘2008’’; and
(2) in paragraph (2), by striking ‘‘2003’’ and inserting
‘‘2007’’.
SEC. 343. TWO-YEAR EXTENSION OF WARRANTY CLAIMS RECOVERY
PILOT PROGRAM.
Section 391 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105–85; 10 U.S.C. 2304 note) is amended—
(1) in subsection (f), by striking ‘‘September 30, 2004’’ and
inserting ‘‘September 30, 2006’’; and
(2) by adding at the end the following new subsection:
‘‘(g) REPORTING REQUIREMENT.—Not later than February 1,
2006, the Secretary of Defense shall submit to Congress a report
on the pilot program, including—
‘‘(1) a description of the extent to which commercial firms
have been used to provide the services specified in subsection
(b) and the type of services procured;
‘‘(2) a description of any problems that have limited the
ability of the Secretary to utilize the pilot program to procure
such services; and
‘‘(3) the recommendation of the Secretary regarding
whether the pilot program should be made permanent or
extended beyond September 30, 2006.’’.
Subtitle F—Other Matters
SEC. 351. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR
HEALTH EQUIPMENT PURCHASED BY OR FOR MEMBERS
OF THE ARMED FORCES DEPLOYED IN CONTINGENCY
OPERATIONS.
(a) REIMBURSEMENT REQUIRED.—The Secretary of Defense shall
reimburse a member of the Armed Forces for the cost (including
any shipping cost) of any protective, safety, or health equipment
that was purchased by the member or by another person on behalf
of the member for the personal use of the member in anticipation
of, or during, the deployment of the member in connection with
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Operation Noble Eagle, Operation Enduring Freedom, or Operation
Iraqi Freedom, but only if—
(1) the Secretary of Defense certifies that the protective,
safety, or health equipment was critical to the protection, safety,
or health of the member;
(2) the member was not issued the protective, safety, or
health equipment before the member became engaged in oper-
ations in areas or situations described in section 310(a)(2) of
title 37, United States Code; and
(3) the protective, safety, or health equipment was pur-
chased by the member during the period beginning on Sep-
tember 11, 2001, and ending on July 31, 2004.
(b) AMOUNT OF REIMBURSEMENT.—The amount of reimburse-
ment provided under subsection (a) per item of protective, safety,
or health equipment purchased by a member of the Armed Forces
may not exceed $1,100.
(c) SUBMISSION
OF
REIMBURSEMENT
CLAIMS.—Claims for
reimbursement for the cost of protective, safety, or health equipment
purchased by a member of the Armed Forces shall be submitted
to the Secretary of Defense under this section not later than one
year after the date on which the implementing rules required
by subsection (d) take effect.
(d) RULEMAKING.—Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
rules to expedite the provision of reimbursement under subsection
(a). In conducting such rulemaking, the Secretary shall address
the circumstances under which the United States will assume title
or ownership of any protective, safety, or health equipment for
which reimbursement is made.
SEC. 352. LIMITATION ON PREPARATION OR IMPLEMENTATION OF
MID-RANGE FINANCIAL IMPROVEMENT PLAN PENDING
REPORT.
Amounts authorized to be appropriated to the Department of
Defense for fiscal year 2005 for operation and maintenance may
not be obligated for the purpose of preparing or implementing
the Mid-Range Financial Improvement Plan until the Secretary
of Defense submits to the congressional defense committees a report
containing the following:
(1) A determination that the enterprise architecture for
defense business systems and the transition plan for imple-
menting the enterprise architecture have been developed, as
required by subsection (c) of section 2222 of title 10, United
States Code, as added by section 332(a).
(2) An explanation of the manner in which the operation
and maintenance funds will be used for each of the military
departments and the Defense Agencies to prepare or implement
the Mid-Range Financial Improvement Plan during that fiscal
year.
(3) An estimate of the costs for future fiscal years for
each of the military departments and the Defense Agencies
to prepare and implement the Mid-Range Financial Improve-
ment Plan.
Deadline.
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SEC. 353. PILOT PROGRAM TO AUTHORIZE ARMY WORKING-CAPITAL
FUNDED FACILITIES TO ENGAGE IN COOPERATIVE
ACTIVITIES WITH NON-ARMY ENTITIES.
(a) COOPERATIVE ARRANGEMENTS AUTHORIZED.—Chapter 433
of title 10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 4544. Army industrial facilities: cooperative activities with
non-Army entities
‘‘(a) COOPERATIVE ARRANGEMENTS AUTHORIZED.—A working-
capital funded Army industrial facility may enter into a contract
or other cooperative arrangement with a non-Army entity to carry
out with the non-Army entity a military or commercial project
described in subsection (b), subject to the conditions prescribed
in subsection (c).
‘‘(b) AUTHORIZED
ACTIVITIES.—A cooperative arrangement
entered into by an Army industrial facility under subsection (a)
may provide for any of the following activities:
‘‘(1) The sale of articles manufactured by the facility or
services performed by the facility to persons outside the Depart-
ment of the Army.
‘‘(2) The performance of work by a non-Army entity at
the facility.
‘‘(3) The performance of work by the facility for a non-
Army entity.
‘‘(4) The sharing of work by the facility and a non-Army
entity.
‘‘(5) The leasing, or use under a facilities use contract
or otherwise, of the facility (including excess capacity) or equip-
ment (including excess equipment) of the facility by a non-
Army entity.
‘‘(6) The preparation and submission of joint offers by the
facility and a non-Army entity for competitive procurements
entered into with Federal agency.
‘‘(c) CONDITIONS.—An activity authorized by subsection (b) may
be carried out at an Army industrial facility under a cooperative
arrangement entered into under subsection (a) only under the fol-
lowing conditions:
‘‘(1) In the case of an article to be manufactured or services
to be performed by the facility, the articles can be substantially
manufactured, or the services can be substantially performed,
by the facility without subcontracting for more than incidental
performance.
‘‘(2) The activity does not interfere with performance of—
‘‘(A) work by the facility for the Department of Defense;
or
‘‘(B) a military mission of the facility.
‘‘(3) The activity meets one of the following objectives:
‘‘(A) Maximized utilization of the capacity of the
facility.
‘‘(B) Reduction or elimination of the cost of ownership
of the facility.
‘‘(C) Reduction in the cost of manufacturing or
maintaining Department of Defense products at the facility.
‘‘(D) Preservation of skills or equipment related to a
core competency of the facility.
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‘‘(4) The non-Army entity agrees to hold harmless and
indemnify the United States from any liability or claim for
damages or injury to any person or property arising out of
the activity, including any damages or injury arising out of
a decision by the Secretary of the Army or the Secretary of
Defense to suspend or terminate an activity, or any portion
thereof, during a war or national emergency or to require
the facility to perform other work or provide other services
on a priority basis, except—
‘‘(A) in any case of willful misconduct or gross neg-
ligence; and
‘‘(B) in the case of a claim by a purchaser of articles
or services under this section that damages or injury arose
from the failure of the United States to comply with quality,
schedule, or cost performance requirements in the contract
to carry out the activity.
‘‘(d) ARANGEMENT METHODS AND AUTHORITIES.—To establish
a cooperative arrangement under subsection (a) with a non-Army
entity, the approval authority described in subsection (e) for an
Army industrial facility may—
‘‘(1) enter into a firm, fixed-price contract (or, if agreed
to by the non-Army entity, a cost reimbursement contract)
for a sale of articles or services or use of equipment or facilities;
‘‘(2) enter into a multiyear contract for a period not to
exceed five years, unless a longer period is specifically author-
ized by law;
‘‘(3) charge the non-Army entity the amounts necessary
to recover the full costs of the articles or services provided,
including capital improvement costs, and equipment deprecia-
tion costs associated with providing the articles, services, equip-
ment, or facilities;
‘‘(4) authorize the non-Army entity to use incremental
funding to pay for the articles, services, or use of equipment
or facilities; and
‘‘(5) accept payment-in-kind.
‘‘(e) APPROVAL AUTHORITY.—The authority of an Army indus-
trial facility to enter into a cooperative arrangement under sub-
section (a) shall be exercised at the level of the commander of
the major subordinate command of the Army that has responsibility
for the facility. The commander may approve such an arrangement
on a case-by-case basis or a class basis.
‘‘(f) COMMERCIAL SALES.—Except in the case of work performed
for the Department of Defense, for a contract of the Department
of Defense, for foreign military sales, or for authorized foreign
direct commercial sales (defense articles or defense services sold
to a foreign government or international organization under export
controls), a sale of articles or services may be made under this
section only if the approval authority described in subsection (e)
determines that the articles or services are not available from
a commercial source located in the United States in the required
quantity or quality, or within the time required.
‘‘(g) EXCLUSION FROM DEPOT-LEVEL MAINTENANCE AND REPAIR
PERCENTAGE LIMITATION.—Amounts expended for the performance
of a depot-level maintenance and repair workload by non-Federal
Government personnel at an Army industrial facility shall not
be counted for purposes of applying the percentage limitation in
section 2466(a) of this title if the personnel are provided by a
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non-Army entity pursuant to a cooperative arrangement entered
into under subsection (a).
‘‘(h) RELATIONSHIP TO OTHER LAWS.—Nothing in this section
shall be construed to affect the application of—
‘‘(1) foreign military sales and the export controls provided
for in sections 30 and 38 of the Arms Export Control Act
(22 U.S.C. 2770 and 2778) to activities of a cooperative arrange-
ment entered into under subsection (a); and
‘‘(2) section 2667 of this title to leases of non-excess property
in the administration of such an arrangement.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) The term ‘Army industrial facility’ includes an
ammunition plant, an arsenal, a depot, and a manufacturing
plant.
‘‘(2) The term ‘non-Army entity’ includes the following:
‘‘(A) A Federal agency (other than the Department
of the Army).
‘‘(B) An entity in industry or commercial sales.
‘‘(C) A State or political subdivision of a State.
‘‘(D) An institution of higher education or vocational
training institution.
‘‘(3) The term ‘incremental funding’ means a series of par-
tial payments that—
‘‘(A) are made as the work on manufacture or articles
is being performed or services are being performed or equip-
ment or facilities are used, as the case may be; and
‘‘(B) result in full payment being completed as the
required work is being completed.
‘‘(4) The term ‘full costs’, with respect to articles or services
provided under a cooperative arrangement entered into under
subsection (a), means the variable costs and the fixed costs
that are directly related to the production of the articles or
the provision of the services.
‘‘(5) The term ‘variable costs’ means the costs that are
expected to fluctuate directly with the volume of sales or serv-
ices provided or the use of equipment or facilities.
‘‘(j) EXPIRATION OF AUTHORITY.—The authority to enter into
a cooperative arrangement under subsection (a) expires September
30, 2009, and arrangements entered into under such subsection
shall terminate not later than that date.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘4544. Army industrial facilities: cooperative activities with non-Army entities.’’.
SEC. 354. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PERSONAL
PROPERTY TO ASSIST FIREFIGHTING AGENCIES.
Section 2576b of title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘may’’ and inserting ‘‘shall’’;
and
(2) in subsection (b), by striking ‘‘may’’ and inserting ‘‘shall’’.
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PUBLIC LAW 108–375—OCT. 28, 2004
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps active duty
personnel end strengths for fiscal years 2005 through 2009.
Sec. 404. Exclusion of service academy permanent and career professors from a
limitation on certain officer grade strengths.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2005 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of Reserve personnel authorized to be on active duty
for operational support.
Sec. 416. Accounting and management of reserve component personnel performing
active duty or full-time National Guard duty for operational support.
Subtitle C—Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for active duty personnel as of September 30, 2005, as follows:
(1) The Army, 502,400.
(2) The Navy, 365,900.
(3) The Marine Corps, 178,000.
(4) The Air Force, 359,700.
(b) LIMITATION.—(1) The authorized strength for the Army pro-
vided in paragraph (1) of subsection (a) for active duty personnel
for fiscal year 2005 is subject to the condition that costs of active
duty personnel of the Army for that fiscal year in excess of 482,400
shall be paid out of funds authorized to be appropriated for that
fiscal year for a contingent emergency reserve fund or as an emer-
gency supplemental appropriation.
(2) The authorized strength for the Marine Corps provided
in paragraph (3) of subsection (a) for active duty personnel for
fiscal year 2005 is subject to the condition that costs of active
duty personnel of the Marine Corps for that fiscal year in excess
of 175,000 shall be paid out of funds authorized to be appropriated
for that fiscal year for a contingent emergency reserve fund or
as an emergency supplemental appropriation.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the following:
‘‘(1) For the Army, 502,400.
‘‘(2) For the Navy, 365,900.
‘‘(3) For the Marine Corps, 178,000.
‘‘(4) For the Air Force, 359,700.’’.
10 USC 115 note.
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SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE
DUTY PERSONNEL END STRENGTHS FOR FISCAL YEARS
2005 THROUGH 2009.
(a) AUTHORITY.—During fiscal years 2005 through 2009, the
Secretary of Defense is authorized to increase by up to 30,000
the end strength authorized for the Army, and by up to 9,000
the end strength authorized for the Marine Corps, above the levels
authorized for those services in the National Defense Authorization
Act for Fiscal Year 2004, as necessary—
(1) to support the operational mission of the Army
and Marine Corps in Iraq and Afghanistan; and
(2) with respect to end strengths for the Army, to
achieve transformational reorganization objectives of the
Army, including objectives for increased numbers of combat
brigades, unit manning, force stabilization and shaping,
and rebalancing of the active and reserve component forces
of the Army.
(b) RELATIONSHIP
TO
PRESIDENTIAL
WAIVER
AUTHORITY.—
Nothing in this section shall be construed to limit the President’s
authority under section 123a of title 10, United States Code, to
waive any statutory end strength in a time of war or national
emergency.
(c) RELATIONSHIP
TO
OTHER
VARIANCE
AUTHORITY.—The
authority under subsection (a) is in addition to the authority to
vary authorized end strengths that is provided in subsections (e)
and (f) of section 115 of title 10, United States Code.
(d) BUDGET TREATMENT.—(1) If the Secretary of Defense plans
to increase the Army or Marine Corps active duty end strength
for a fiscal year under subsection (a) of this section or pursuant
to a suspension of end-strength limitation under section 123a of
title 10, United States Code, then the budget for the Department
of Defense for such fiscal year as submitted to Congress shall
specify the amounts necessary for funding the active duty end
strength of the Army in excess of 482,400 and the Marine Corps
in excess of 175,000 (the end strengths authorized for active duty
personnel of the Army and Marine Corps, respectively, for fiscal
year 2004 in paragraphs (1) and (3) of section 401 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108–
136; 117 Stat. 1450)).
(2) If the amount proposed for the Department of Defense
for fiscal year 2006 within budget function 050 (National Defense)
includes amounts necessary for funding an active duty end strength
of the Army in excess of 482,400, or an active duty end strength
of the Marine Corps in excess of 175,000, for that fiscal year,
the specification of amounts necessary for funding such end strength
(as required under paragraph (1)) shall include the following addi-
tional information:
(A) A display of the following amounts:
(i) The amount that is to be funded out of the amounts
proposed for the Department of Defense within budget
function 050 (National Defense) other than out of amounts
for the Army and Marine Corps.
(ii) The amount that is to be funded out of the amounts
proposed for the Army and Marine Corps within budget
function 050 (National Defense).
10 USC 115 note.
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118 STAT. 1864
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(iii) The estimated amounts that are to be funded
out of emergency reserve funds and supplemental appro-
priations for fiscal year 2006.
(B) A detailed justification for reliance on each funding
source described in subparagraph (A).
(C) A detailed discussion of which programs and plans
of the Army and Marine Corps funded in the proposed budget
for fiscal year 2006 must be modified if the funding sources
relied on, as presented under subparagraph (A), must be
changed.
(D) The projected Army and Marine Corps active duty
end strengths for each of fiscal years 2006 through 2010,
together with a detailed enumeration of the component costs
of the projected end strengths for each such fiscal year.
SEC. 404. EXCLUSION OF SERVICE ACADEMY PERMANENT AND CAREER
PROFESSORS FROM A LIMITATION ON CERTAIN OFFICER
GRADE STRENGTHS.
Section 523(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(8) Permanent professors of the United States Military
Academy and the United States Air Force Academy and profes-
sors of the United States Naval Academy who are career mili-
tary professors (as defined in regulations prescribed by the
Secretary of the Navy), but not to exceed 50 from any such
academy.’’.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2005, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 83,400.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,800.
(6) The Air Force Reserve, 76,100.
(7) The Coast Guard Reserve, 10,000.
(b) ADJUSTMENTS.—The end strengths prescribed by subsection
(a) for the Selected Reserve of any reserve component shall be
proportionately reduced by—
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of
the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training
or for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength prescribed
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be increased proportionately by the total authorized
10 USC 12001
note.
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strengths of such units and by the total number of such individual
members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2005, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 26,602.
(2) The Army Reserve, 14,970.
(3) The Naval Reserve, 14,152.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 12,253.
(6) The Air Force Reserve, 1,900.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status)
as of the last day of fiscal year 2005 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army Reserve, 7,299.
(2) For the Army National Guard of the United States,
25,076.
(3) For the Air Force Reserve, 9,954.
(4) For the Air National Guard of the United States, 22,956.
SEC. 414. FISCAL YEAR 2005 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.
(a) LIMITATIONS.—(1) Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-
dual status technicians employed by the National Guard as of
September 30, 2005, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by
the Army Reserve as of September 30, 2005, may not exceed 795.
(3) The number of non-dual status technicians employed by
the Air Force Reserve as of September 30, 2005, may not exceed
90.
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section,
the term ‘‘non-dual status technician’’ has the meaning given that
term in section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2005, the maximum number of members
of the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 10,300.
(2) The Army Reserve, 5,000.
(3) The Naval Reserve, 6,200.
(4) The Marine Corps Reserve, 2,500.
10 USC 115 note.
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(5) The Air National Guard of the United States, 10,100.
(6) The Air Force Reserve, 3,600.
SEC. 416. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT
PERSONNEL PERFORMING ACTIVE DUTY OR FULL-TIME
NATIONAL GUARD DUTY FOR OPERATIONAL SUPPORT.
(a) STRENGTH AUTHORIZATIONS.—Section 115 of title 10, United
States Code, is amended—
(1) in subsection (a)(1)(A), by inserting ‘‘unless on active
duty pursuant to subsection (b)’’ after ‘‘active-duty personnel’’;
(2) in subsection (a)(1)(B), by inserting ‘‘unless on active
duty or full-time National Guard duty pursuant to subsection
(b)’’ after ‘‘reserve personnel’’;
(3) by redesignating subsections (b), (c), (d), (e), (f), (g)
and (h) as subsections (c), (d), (e), (f), (g), (h) and (i), respec-
tively; and
(4) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) CERTAIN RESERVES ON ACTIVE DUTY TO BE AUTHORIZED
BY LAW.—(1) Congress shall annually authorize the maximum
number of members of a reserve component permitted to be on
active duty or full-time National Guard duty at any given time
who are called or ordered to—
‘‘(A) active duty under section 12301(d) of this title for
the purpose of providing operational support, as prescribed
in regulation issued by the Secretary of Defense;
‘‘(B) full-time National Guard duty under section 502(f)(2)
of title 32 for the purpose of providing operational support
when authorized by the Secretary of Defense;
‘‘(C) active duty under section 12301(d) of this title or
full-time National Guard duty under section 502(f)(2) of title
32 for the purpose of preparing for and performing funeral
honors functions for funerals of veterans under section 1491
of this title;
‘‘(D) active duty or retained on active duty under sections
12301(g) of this title while in a captive status; or
‘‘(E) active duty or retained on active duty under 12301(h)
or 12322 of this title for the purpose of medical evaluation
or treatment.
‘‘(2) A member of a reserve component who exceeds either
of the following limits shall be included in the strength authorized
under subparagraph (A) or subparagraph (B), as appropriate, of
subsection (a)(1):
‘‘(A) A call or order to active duty or full-time National
Guard duty that specifies a period greater than three years.
‘‘(B) The cumulative periods of active duty and full-time
National Guard duty performed by the member exceed 1095
days in the previous 1460 days.
‘‘(3) In determining the period of active service under paragraph
(2), the following periods of active service performed by a member
shall not be included:
‘‘(A) All periods of active duty performed by a member
who has not previously served in the Selected Reserve of the
Ready Reserve.
‘‘(B) All periods of active duty or full-time National Guard
duty for which the member is exempt from strength accounting
under paragraphs (1) through (8) of subsection (i).’’.
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PUBLIC LAW 108–375—OCT. 28, 2004
(b) LIMITATION ON APPROPRIATIONS.—Subsection (c) of such sec-
tion (as redesignated by subsection (a)(3)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘; or’’; and
(3) by inserting after paragraph (2) the following new para-
graph:
‘‘(3) the use of reserve component personnel to perform
active duty or full-time National Guard duty under subsection
(b) unless the strength for such personnel for that reserve
component for that fiscal year has been authorized by law.’’.
(c) AUTHORITY FOR SECRETARY OF DEFENSE VARIANCES IN MAX-
IMUM STRENGTHS.—Subsection (f) of such section (as redesignated
by subsection (a)(3)) is amended—
(1) by striking ‘‘END’’ in the heading;
(2) by striking ‘‘and’’ at the end of paragraph (2);
(3) by striking the period at the end of paragraph (3)
and inserting ‘‘; and’’; and
(4) by adding at the end the following new paragraph:
‘‘(4) increase the maximum strength authorized pursuant
to subsection (b)(1) for a fiscal year for certain reserves on
active duty for any of the reserve components by a number
equal to not more than 10 percent of that strength.’’.
(d) CONFORMING AMENDMENTS TO SECTION 115.—Such section
is further amended as follows:
(1) Subsection (e) (as redesignated by subsection (a)(3))
is amended—
(A) in paragraph (1), by striking ‘‘subsection (a) or
(c)’’ and inserting ‘‘subsection (a) or (d)’’; and
(B) in paragraph (2)—
(i) by striking ‘‘subsections (a) and (c)’’; and
inserting ‘‘subsections (a) and (d)’’; and
(ii) by striking ‘‘pursuant to subsection (e)) and
subsection (c)’’ and inserting ‘‘pursuant to subsection
(f)) and subsection (d)’’ each place it appears.
(2) Subsection (g) (as redesignated by subsection (a)(3))
is amended by striking ‘‘subsection (e)(1)’’ in paragraph (2)
and inserting ‘‘subsection (f)(1)’’.
(3) Subsection (i) (as redesignated by subsection (a)(3))
is amended to read as follows:
‘‘(i) CERTAIN
PERSONNEL
EXCLUDED
FROM
COUNTING
FOR
ACTIVE-DUTY END STRENGTHS.—In counting personnel for the pur-
pose of the end strengths authorized pursuant to subsection (a)(1),
persons in the following categories shall be excluded:
‘‘(1) Members of a reserve component ordered to active
duty under section 12301(a) of this title.
‘‘(2) Members of a reserve component in an active status
ordered to active duty under section 12301(b) of this title.
‘‘(3) Members of the Ready Reserve ordered to active duty
under section 12302 of this title.
‘‘(4) Members of the Selected Reserve of the Ready Reserve
or members of the Individual Ready Reserve mobilization cat-
egory described in section 10144(b) of this title ordered to
active duty under section 12304 of this title.
‘‘(5) Members of the National Guard called into Federal
service under section 12406 of this title.
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118 STAT. 1868
PUBLIC LAW 108–375—OCT. 28, 2004
‘‘(6) Members of the militia called into Federal service
under chapter 15 of this title.
‘‘(7) Members of the National Guard on full-time National
Guard duty under section 502(f)(1) of title 32.
‘‘(8) Members of reserve components on active duty for
training or full-time National Guard duty for training.
‘‘(9) Members of the Selected Reserve of the Ready Reserve
on active duty to support programs described in section 1203(b)
of the Cooperative Threat Reduction Act of 1993 (22 U.S.C.
5952(b)).
‘‘(10) Members of the National Guard on active duty or
full-time National Guard duty for the purpose of carrying out
drug interdiction and counter-drug activities under section 112
of title 32.
‘‘(11) Members of a reserve component on active duty under
section 10(b)(2) of the Military Selective Service Act (50 U.S.C.
App. 460(b)(2)) for the administration of the Selective Service
System.
‘‘(12) Members of the National Guard on full-time National
Guard duty for the purpose of providing command, administra-
tive, training, or support services for the National Guard Chal-
lenge Program authorized by section 509 of title 32.’’.
(e) MILITARY TO MILITARY CONTACT STRENGTH ACCOUNTING.—
Subsection (f) of section 168 of such title is amended to read
as follows:
‘‘(f) ACTIVE DUTY END STRENGTHS.—A member of a reserve
component who is engaged in activities authorized under this sec-
tion shall not be counted for purposes of the following personnel
strength limitations:
‘‘(1) The end strength for active-duty personnel authorized
pursuant to section 115(a)(1) of this title for the fiscal year
in which the member carries out the activities referred to
under this section.
‘‘(2) The authorized daily average for members in pay
grades E–8 and E–9 under section 517 of this title for the
calendar year in which the member carries out such activities.
‘‘(3) The authorized strengths for commissioned officers
under section 523 of this title for the fiscal year in which
the member carries out such activities.’’.
(f) E–8 AND E–9 STRENGTH ACCOUNTING.—Subsection (a) of
section 517 of such title is amended by striking ‘‘(other than for
training) in connection with organizing, administering, recruiting,
instructing, or training the reserve component of an armed force.’’
and inserting ‘‘as authorized under section 115(a)(1)(B) or 115(b)
of this title, or excluded from counting for active duty end strengths
under section 115(i) of this title.’’.
(g) FIELD GRADE OFFICER STRENGTH ACCOUNTING.—(1) Para-
graph (1) of section 523(b) of such title is amended to read as
follows:
(1) Reserve officers—
‘‘(A) on active duty as authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or excluded from
counting for active duty end strengths under section 115(i)
of this title;
‘‘(B) on active duty under section 10211, 10302 through
10305, or 12402 of this title or under section 708 of title
32; or
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118 STAT. 1869
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‘‘(C) on full-time National Guard duty.’’.
(2) Paragraph (7) of such section is amended by striking
‘‘Reserve or retired officers’’ and inserting ‘‘Retired officers’’.
(h) ACTIVE
GUARD
AND
RESERVE
FIELD
GRADE
OFFICER
STRENGTH ACCOUNTING.—Paragraph (2) of section 12011(e) of such
title is amended to read as follows:
‘‘(2) Full-time National Guard duty (other than for training)
under section 502(f) of title 32, except for duty under section
115(b)(1)(B) and (C) of this title and section 115(i)(9) of this
title.’’.
(i) WARRANT OFFICER ACTIVE-DUTY LIST EXCLUSION.—Para-
graph (1) of section 582 of such title is amended to read as follows:
‘‘(1) Reserve warrant officers—
‘‘(A) on active duty as authorized under section
115(a)(1)(B) or 115(b)(1) of this title, or excluded from
counting for active duty end strengths under section 115(i)
of this title; or
‘‘(B) on full-time National Guard duty.’’.
(j) OFFICER ACTIVE-DUTY LIST, APPLICABILITY OF CHAPTER.—
Paragraph (1) of section 641 of such title is amended to read
as follows:
‘‘(1) Reserve officers—
‘‘(A) 
on 
active 
duty 
authorized 
under 
section
115(a)(1)(B) or 115(b)(1) of this title, or excluded from
counting for active duty end strengths under section 115(i)
of this title;
‘‘(B) on active duty under section 3038, 5143, 5144,
8038, 10211, 10301 through 10305, 10502, 10505, 10506(a),
10506(b), 10507, or 12402 of this title or section 708 of
title 32; or
‘‘(C) on full-time National Guard duty.’’.
(k) STRENGTH ACCOUNTING FOR MEMBERS PERFORMING DRUG
INTERDICTION AND COUNTER-DRUG ACTIVITIES.—Section 112 of title
32, United States Code, is amended—
(1) by striking subsection (e);
(2) by redesignating subsections (f), (g), (h) and (i) as sub-
sections (e), (f), (g) and (h) respectively; and
(3) in paragraph (1) of subsection (e), as redesignated by
paragraph (2), by striking ‘‘for a period of more than 180
days’’ each place it appears.
(l) REPORT.—Not later than June 1, 2005, the Secretary of
Defense shall report to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives the Secretary’s recommendations regarding the
exemptions provided in paragraphs (8) through (11) by section
115(i) of title 10, United States Code, as amended by this section.
The recommendations shall address the manner in personnel cov-
ered by those exemptions shall be accounted for in authorizations
provided by section 115 of such title. The objective of the analysis
should be to terminate the need for such exemptions after Sep-
tember 30, 2006.
(m) REGULATIONS.—The Secretary of Defense shall prescribe
by regulation the meaning of the term ‘‘operational support’’ for
purposes of paragraph (1) of subsection (b) of section 115 of title
10, United States Code, as added by subsection (a).
10 USC 115 note.
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PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle C—Authorizations of
Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 2005 a total
of $106,542,982,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2005.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year
2005 from the Armed Forces Retirement Home Trust Fund the
sum of $61,195,000 for the operation of the Armed Forces Retire-
ment Home.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Transition of active-duty list officer force to a force of all regular officers.
Sec. 502. Repeal of requirement that Deputy Chiefs and Assistant Chiefs of Naval
Operations be selected from officers in the line of the Navy.
Sec. 503. Limitation on number of officers frocked to major general and rear admi-
ral.
Sec. 504. Distribution in grade of Marine Corps reserve officers in an active status
in grades below brigadier general
Sec. 505. Authority for Federal recognition of National Guard commissioned officers
appointed from former Coast Guard personnel.
Sec. 506. Study regarding promotion eligibility of retired officers recalled to active
duty.
Sec. 507. Succession for office of Chief, National Guard Bureau.
Sec. 508. Redesignation of Vice Chief of the National Guard Bureau as Director of
the Joint Staff of the National Guard Bureau.
Subtitle B—Reserve Component Policy Matters
Sec. 511. Modification of stated purpose of the reserve components.
Sec. 512. Homeland defense activities conducted by the National Guard under au-
thority of title 32.
Sec. 513. Commission on the National Guard and Reserves.
Sec. 514. Repeal of exclusion of active duty for training from authority to order Re-
serves to active duty.
Sec. 515. Army program for assignment of active component advisers to units of the
Selected Reserve.
Sec. 516. Authority to accept certain voluntary services.
Sec. 517. Authority to redesignate the Naval Reserve as the Navy Reserve.
Sec. 518. Comptroller General assessment of integration of active and reserve com-
ponents of the Navy.
Sec. 519. Limitation on number of Starbase academies in a State.
Sec. 520. Recognition items for certain reserve component personnel.
Subtitle C—Reserve Component Personnel Matters
Sec. 521. Status under disability retirement system for reserve members released
from active duty due to inability to perform within 30 days of call to ac-
tive duty.
Sec. 522. Requirement for retention of Reserves on active duty to qualify for retired
pay not applicable to nonregular service retirement system.
Sec. 523. Federal civil service military leave for Reserve and National Guard civil-
ian technicians.
Sec. 524. Expanded educational assistance authority for officers commissioned
through ROTC program at military junior colleges.
Sec. 525. Repeal of sunset provision for financial assistance program for students
not eligible for advanced training.
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118 STAT. 1871
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 526. Effect of appointment or commission as officer on eligibility for Selected
Reserve education loan repayment program for enlisted members.
Sec. 527. Educational assistance for certain reserve component members who per-
form active service.
Sec. 528. Sense of Congress on guidance concerning treatment of employer-provided
compensation and other benefits voluntarily provided to employees who
are activated Reservists.
Subtitle D—Joint Officer Management and Professional Military Education
Sec. 531. Strategic plan to link joint officer development to overall missions and
goals of Department of Defense.
Sec. 532. Improvement to professional military education in the Department of De-
fense.
Sec. 533. Joint requirements for promotion to flag or general officer grade.
Sec. 534. Clarification of tours of duty qualifying as a joint duty assignment.
Sec. 535. Two-year extension of temporary standard for promotion policy objectives
for joint officers.
Sec. 536. Two-year extension of authority to waive requirement that Reserve Chiefs
and National Guard Directors have significant joint duty experience.
Subtitle E—Military Service Academies
Sec. 541. Revision to conditions on service of officers as service academy super-
intendents.
Sec. 542. Academic qualifications of the dean of the faculty of United States Air
Force Academy.
Sec. 543. Board of Visitors of United States Air Force Academy.
Sec. 544. Appropriated funds for service academy athletic and recreational extra-
curricular programs to be treated in same manner as for military mo-
rale, welfare, and recreation programs.
Sec. 545. Codification of prohibition on imposition of certain charges and fees at the
service academies.
Subtitle F—Other Education and Training Matters
Sec. 551. College First delayed enlistment program.
Sec. 552. Senior Reserve Officers’ Training Corps and recruiter access at institu-
tions of higher education.
Sec. 553. Tuition assistance for officers.
Sec. 554. Increased maximum period for leave of absence for pursuit of a program
of education in a health care profession.
Sec. 555. Eligibility of cadets and midshipmen for medical and dental care and dis-
ability benefits.
Sec. 556. Transfer of authority to confer degrees upon graduates of the Community
College of the Air Force.
Sec. 557. Change in titles of leadership positions at the Naval Postgraduate School.
Subtitle G—Assistance to Local Educational Agencies for Defense
Dependents Education
Sec. 558. Continuation of impact aid assistance on behalf of dependents of certain
members despite change in status of member.
Sec. 559. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees.
Sec. 560. Impact aid for children with severe disabilities.
Subtitle H—Medals and Decorations and Special Promotions and
Appointments
Sec. 561. Award of medal of honor to individual interred in the Tomb of the Un-
knowns as representative of casualties of a war.
Sec. 562. Plan for revised criteria and eligibility requirements for award of Combat
Infantryman Badge and Combat Medical Badge for service in Korea
after July 28, 1953.
Sec. 563. Authority to appoint Brigadier General Charles E. Yeager, United States
Air Force (retired), to the grade of major general on the retired list.
Sec. 564. Posthumous commission of William Mitchell in the grade of major general
in the Army.
Subtitle I—Military Voting
Sec. 566. Federal write-in ballots for absentee military voters located in the United
States.
Sec. 567. Repeal of requirement to conduct electronic voting demonstration project
for the Federal election to be held in November 2004.
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118 STAT. 1872
PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 568. Reports on operation of Federal voting assistance program and military
postal system.
Subtitle J—Military Justice Matters
Sec. 571. Review on how sexual offenses are covered by Uniform Code of Military
Justice.
Sec. 572. Waiver of recoupment of time lost for confinement in connection with a
trial.
Sec. 573. Processing of forensic evidence collection kits and acquisition of sufficient
stocks of such kits.
Sec. 574. Authorities of the Judge Advocates General.
Subtitle K—Sexual Assault in the Armed Forces
Sec. 576. Examination of sexual assault in the Armed Forces by the Defense Task
Force established to examine sexual harassment and violence at the
military service academies.
Sec. 577. Department of Defense policy and procedures on prevention and response
to sexual assaults involving members of the Armed Forces.
Subtitle L—Management and Administrative Matters
Sec. 581. Three-year extension of limitation on reductions of personnel of agencies
responsible for review and correction of military records.
Sec. 582. Staffing for Defense Prisoner of War/Missing Personnel Office (DPMO).
Sec. 583. Permanent ID cards for retiree dependents age 75 and older.
Sec. 584. Authority to provide civilian clothing to members traveling in connection
with medical evacuation.
Sec. 585. Authority to accept donation of frequent traveler miles, credits, and tick-
ets to facilitate rest and recuperation travel of deployed members of the
Armed Forces and their families.
Sec. 586. Annual report identifying reasons for discharges from the Armed Forces
during preceding fiscal year.
Sec. 587. Study of blended wing concept for the Air Force.
Sec. 588. Sense of Congress regarding return of members to active duty service
upon rehabilitation from service-related injuries.
Subtitle M—Other Matters
Sec. 591. Protection of Armed Forces personnel from retaliatory actions for commu-
nications made through the chain of command.
Sec. 592. Implementation plan for accession of persons with specialized skills.
Sec. 593. Enhanced screening methods and process improvements for recruitment
of home schooled and National Guard Challenge program GED recipi-
ents.
Sec. 594. Redesignation of National Guard Challenge Program as National Guard
Youth Challenge Program.
Sec. 595. Reports on certain milestones relating to Department of Defense trans-
formation.
Sec. 596. Report on issues relating to removal of remains of persons interred in
United States military cemeteries overseas.
Sec. 597. Comptroller General reports on closure of Department of Defense depend-
ent elementary and secondary schools and commissary stores.
Sec. 598. Comptroller General report on transition assistance programs for mem-
bers separating from the Armed Forces.
Sec. 599. Study on coordination of job training standards with certification stand-
ards for military occupational specialties.
Subtitle A—Officer Personnel Policy
SEC. 501. TRANSITION OF ACTIVE-DUTY LIST OFFICER FORCE TO A
FORCE OF ALL REGULAR OFFICERS.
(a) ORIGINAL APPOINTMENTS AS COMMISSIONED OFFICERS.—(1)
Section 532 of title 10, United States Code, is amended by striking
subsection (e).
(2) Subsection (a)(2) of such section is amended by striking
‘‘fifty-fifth birthday’’ and inserting ‘‘sixty-second birthday’’.
(3)(A) Such section is further amended by adding at the end
the following new subsection:
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‘‘(f) The Secretary of Defense may waive the requirement of
paragraph (1) of subsection (a) with respect to a person who has
been lawfully admitted to the United States for permanent residence
when the Secretary determines that the national security so
requires, but only for an original appointment in a grade below
the grade of major or lieutenant commander.’’.
(B) Section 619(d) of such title is amended by adding at the
end the following new paragraph:
‘‘(5) An officer in the grade of captain or, in the case
of the Navy, lieutenant who is not a citizen of the United
States.’’.
(4) Section 531(a) of such title is amended to read as follows:
‘‘(a)(1) Original appointments in the grades of second lieutenant,
first lieutenant, and captain in the Regular Army, Regular Air
Force, and Regular Marine Corps and in the grades of ensign,
lieutenant (junior grade), and lieutenant in the Regular Navy shall
be made by the President alone.
‘‘(2) Original appointments in the grades of major, lieutenant
colonel, and colonel in the Regular Army, Regular Air Force, and
Regular Marine Corps and in the grades of lieutenant commander,
commander, and captain in the Regular Navy shall be made by
the President, by and with the advice and consent of the Senate.’’.
(b) REPEAL OF TOTAL STRENGTH LIMITATIONS FOR ACTIVE-DUTY
REGULAR COMMISSIONED OFFICERS.—(1) Section 522 of such title
is repealed.
(2) The table of sections at the beginning of chapter 32 of
such title is amended by striking the item relating to section 522.
(c) FORCE SHAPING AUTHORITY.—(1)(A) Subchapter V of chapter
36 of such title is amended by adding at the end the following
new section:
‘‘§ 647. Force shaping authority
‘‘(a) AUTHORITY.—The Secretary concerned may, solely for the
purpose of restructuring an armed force under the jurisdiction
of that Secretary—
‘‘(1) discharge an officer described in subsection (b); or
‘‘(2) transfer such an officer from the active-duty list of
that armed force to the reserve active-status list of a reserve
component of that armed force.
‘‘(b) COVERED OFFICERS.—(1) The authority under this section
may be exercised in the case of an officer who—
‘‘(A) has completed not more than 5 years of service as
a commissioned officer in the armed forces; or
‘‘(B) has completed more than 5 years of service as a
commissioned officer in the armed forces, but has not completed
a minimum service obligation applicable to that member.
‘‘(2) In this subsection, the term ‘minimum service obligation’
means the initial period of required active duty service together
with any additional period of required active duty service incurred
during the initial period of required active duty service.
‘‘(c) APPOINTMENT OF TRANSFERRED OFFICERS.—An officer of
the Regular Army, Regular Air Force, Regular Navy, or Regular
Marine Corps who is transferred to a reserve active-status list
under this section shall be discharged from the regular component
concerned and appointed as a reserve commissioned officer under
section 12203 of this title.
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‘‘(d) REGULATIONS.—The Secretary concerned shall prescribe
regulations for the exercise of the Secretary’s authority under this
section.’’.
(B) The table of sections at the beginning of such subchapter
is amended by adding at the end the following new item:
‘‘647. Force shaping authority.’’.
(2) Section 1174(e)(2)(B) of such title is amended by inserting
after ‘‘obligated service’’ the following: ‘‘, unless the member is
an officer discharged or released under the authority of section
647 of this title’’.
(3) Section 12201(a) of such title is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(B) in the first sentence, by inserting ‘‘, except as provided
in paragraph (2),’’ after ‘‘the armed force concerned and’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) An officer transferred from the active-duty list of an armed
force to a reserve active-status list of an armed force under section
647 of this title is not required to subscribe to the oath referred
to in paragraph (1) in order to qualify for an appointment under
that paragraph.’’.
(4) Section 12203 of such title is amended—
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
‘‘(b) Subject to the authority, direction, and control of the Presi-
dent, the Secretary concerned may appoint as a reserve commis-
sioned officer any regular officer transferred from the active-duty
list of an armed force to the reserve active-status list of a reserve
component under section 647 of this title, notwithstanding the
requirements of subsection (a).’’.
(5) Section 531 of such title is amended by adding at the
end the following new subsection:
‘‘(c) Subject to the authority, direction, and control of the Presi-
dent, an original appointment as a commissioned officer in the
Regular Army, Regular Air Force, Regular Navy, or Regular Marine
Corps may be made by the Secretary concerned in the case of
a reserve commissioned officer upon the transfer of such officer
from the reserve active-status list of a reserve component of the
armed forces to the active-duty list of an armed force, notwith-
standing the requirements of subsection (a).’’.
(d) ACTIVE-DUTY READY RESERVE OFFICERS NOT ON ACTIVE-
DUTY LIST.—Section 641(1)(F) of such title is amended by striking
‘‘section 12304’’ and inserting ‘‘sections 12302 and 12304’’.
(e) ALL REGULAR OFFICER APPOINTMENTS FOR STUDENTS OF
THE UNIVERSITY OF HEALTH SCIENCES.—Section 2114(b) of such
title is amended by striking ‘‘Notwithstanding any other provision
of law, they shall serve’’ in the second sentence and all that follows
through ‘‘if qualified,’’ in the third sentence and inserting ‘‘They
shall be appointed as regular officers in the grade of second lieuten-
ant or ensign and shall serve on active duty in that grade. Upon
graduation they shall be required to serve on active duty’’.
(f) TERMINATION OF REQUIREMENT OF 6 YEARS SERVICE IN A
RESERVE
COMPONENT
FOR
NONREGULAR
SERVICE
RETIREMENT
ELIGIBILITY.—Section 12731(a)(3) of such title is amended by
inserting after ‘‘(3)’’ the following: ‘‘in the case of a person who
completed the service requirements of paragraph (2) before the
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PUBLIC LAW 108–375—OCT. 28, 2004
end of the 180-day period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2005,’’.
(g) EFFECTIVE DATE.—(1) Except as provided in paragraph (2),
the amendments made by this section shall take effect on the
first day of the first month beginning more than 180 days after
the date of the enactment of this Act.
(2) The amendment made by subsection (a)(1) shall take effect
on May 1, 2005.
SEC. 502. REPEAL OF REQUIREMENT THAT DEPUTY CHIEFS AND
ASSISTANT 
CHIEFS 
OF 
NAVAL 
OPERATIONS 
BE
SELECTED FROM OFFICERS IN THE LINE OF THE NAVY.
(a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Section 5036(a)
of title 10, United States Code, is amended by striking ‘‘in the
line’’.
(b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—Section 5037(a)
of such title is amended by striking ‘‘in the line’’.
SEC. 503. LIMITATION ON NUMBER OF OFFICERS FROCKED TO MAJOR
GENERAL AND REAR ADMIRAL.
Section 777(d) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by striking ‘‘(d) LIMITATION ON NUMBER OF OFFICERS
FROCKED TO SPECIFIED GRADES.—’’ and inserting the following:
‘‘(d) LIMITATION ON NUMBER OF OFFICERS FROCKED TO SPECI-
FIED GRADES.—(1) The total number of brigadier generals and Navy
rear admirals (lower half) on the active-duty list who are authorized
as described in subsection (a) to wear the insignia for the grade
of major general or rear admiral, as the case may be, may not
exceed 30.’’.
SEC. 504. DISTRIBUTION IN GRADE OF MARINE CORPS RESERVE OFFI-
CERS IN AN ACTIVE STATUS IN GRADES BELOW BRIGA-
DIER GENERAL.
The table in section 12005(c)(1) of title 10, United States Code,
is amended to read as follows:
‘‘Colonel ...................................................................................................
2 percent
Lieutenant colonel .................................................................................
8 percent
Major .......................................................................................................
16 percent
Captain ...................................................................................................
39 percent
First lieutenant and second lieutenant (when combined with the
number authorized for general officer grades under section 12004
of this title) .........................................................................................
35 percent.’’.
SEC. 505. AUTHORITY FOR FEDERAL RECOGNITION OF NATIONAL
GUARD COMMISSIONED OFFICERS APPOINTED FROM
FORMER COAST GUARD PERSONNEL.
Section 305(a) of title 32, United States Code, is amended—
(1) by striking ‘‘Army, Navy, Air Force, or Marine Corps’’
in paragraphs (2), (3), and (4) and inserting ‘‘armed forces’’;
and
(2) by striking ‘‘or the United States Air Force Academy’’
in paragraph (5) and inserting ‘‘the United States Air Force
Academy, or the United States Coast Guard Academy’’.
10 USC 531 note.
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SEC. 506. STUDY REGARDING PROMOTION ELIGIBILITY OF RETIRED
OFFICERS RECALLED TO ACTIVE DUTY.
(a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall
carry out a study to determine whether it would be equitable
for retired officers on active duty, but not on the active-duty list
by reason of section 582(2) or 641(4) of title 10, United States
Code, to be eligible for consideration for promotion under chapter
33A of such title, in the case of warrant officers, or chapter 36
of such title, in the case of officers other than warrant officers.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study under subsection (a). The
report shall include a discussion of the Secretary’s determination
regarding the issue covered by the study, the rationale for the
Secretary’s determination, and any recommended legislation that
the Secretary considers appropriate regarding that issue.
SEC. 507. SUCCESSION FOR OFFICE OF CHIEF, NATIONAL GUARD
BUREAU.
(a) DESIGNATION
OF SENIOR OFFICER
IN NATIONAL GUARD
BUREAU.—Section 10502 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(e) SUCCESSION.—(1) Unless otherwise directed by the Presi-
dent or the Secretary of Defense, the senior of the two officers
specified in paragraph (2) shall serve as the acting Chief of the
National Guard Bureau during any period that—
‘‘(A) there is a vacancy in the position of Chief of the
National Guard Bureau; or
‘‘(B) the Chief is unable to perform the duties of that
office.
‘‘(2) The officers specified in this paragraph are the following:
‘‘(A) The senior officer of the Army National Guard of
the United States on duty with the National Guard Bureau.
‘‘(B) The senior officer of the Air National Guard of the
United States on duty with the National Guard Bureau.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 10502. Chief of the National Guard Bureau: appointment;
adviser on National Guard matters; grade;
succession’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 1011 of such title is amended to read
as follows:
‘‘10502. Chief of the National Guard Bureau: appointment; adviser on National
Guard matters; grade; succession.’’.
(c) CONFORMING REPEAL.—Subsections (d) and (e) of section
10505 of such title are repealed.
SEC. 508. REDESIGNATION OF VICE CHIEF OF THE NATIONAL GUARD
BUREAU AS DIRECTOR OF THE JOINT STAFF OF THE
NATIONAL GUARD BUREAU.
(a) REDESIGNATION OF POSITION.—Subsection (a)(1) of section
10505 of title 10, United States Code, is amended by striking
‘‘Vice Chief of the National Guard Bureau’’ and inserting ‘‘Director
of the Joint Staff of the National Guard Bureau’’.
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PUBLIC LAW 108–375—OCT. 28, 2004
(b) CONFORMING
AMENDMENTS.—(1) Subsections (a)(3)(A),
(a)(3)(B), (b), and (c) of section 10505 of title 10, United States
Code, are amended by striking ‘‘Vice Chief of the National Guard
Bureau’’ and inserting ‘‘Director of the Joint Staff of the National
Guard Bureau’’.
(2) Subsection (a)(3)(B) of such section, as amended by para-
graph (1), is further amended by striking ‘‘as the Vice Chief’’ and
inserting ‘‘as the Director’’.
(3) Paragraphs (2) and (4) of subsection (a) of such section
are amended by striking ‘‘Chief and Vice Chief of the National
Guard Bureau’’ and inserting ‘‘Chief of the National Guard Bureau
and the Director of the Joint Staff of the National Guard Bureau’’.
(4) Section 10506(a)(1) of such title is amended by striking
‘‘Chief and Vice Chief of the National Guard Bureau’’ and inserting
‘‘Chief of the National Guard Bureau and the Director of the Joint
Staff of the National Guard Bureau’’.
(c) CLERICAL AMENDMENTS.—(1) The heading for section 10505
of such title is amended to read as follows:
‘‘§ 10505. Director of the Joint Staff of the National Guard
Bureau’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 1011 of such title is amended to read
as follows:
‘‘10505. Director of the Joint Staff of the National Guard Bureau.’’.
(d) OTHER REFERENCES.—Any reference in any law, regulation,
document, paper, or other record of the United States to the Vice
Chief of the National Guard Bureau shall be deemed to be a
reference to the Director of the Joint Staff of the National Guard
Bureau.
Subtitle B—Reserve Component Policy
Matters
SEC. 511. MODIFICATION OF STATED PURPOSE OF THE RESERVE
COMPONENTS.
Section 10102 of title 10, United States Code, is amended
by striking ‘‘, during’’ and all that follows through ‘‘planned
mobilization,’’.
SEC. 512. HOMELAND DEFENSE ACTIVITIES CONDUCTED BY THE
NATIONAL GUARD UNDER AUTHORITY OF TITLE 32.
(a) IN GENERAL.—(1) Title 32, United States Code, is amended
by adding at the end the following new chapter:
‘‘CHAPTER 9—HOMELAND DEFENSE ACTIVITIES
‘‘Sec.
‘‘901. Definitions.
‘‘902. Homeland defense activities: funds.
‘‘903. Regulations.
‘‘904. Homeland defense duty.
‘‘905. Funding assistance.
‘‘906. Requests for funding assistance.
‘‘907. Relationship to State duty.
‘‘908. Annual report.
10 USC 10505
note.
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‘‘§ 901. Definitions
‘‘In this chapter:
‘‘(1) The term ‘homeland defense activity’ means an activity
undertaken for the military protection of the territory or
domestic population of the United States, or of infrastructure
or other assets of the United States determined by the Secretary
of Defense as being critical to national security, from a threat
or aggression against the United States.
‘‘(2) The term ‘State’ means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
or a territory or possession of the United States.
‘‘§ 902. Homeland defense activities: funds
‘‘(a) The Secretary of Defense may provide funds to a Governor
to employ National Guard units or members to conduct homeland
defense activities that the Secretary, determines to be necessary
and appropriate for participation by the National Guard units or
members, as the case may be.
‘‘§ 903. Regulations
‘‘The Secretary of Defense shall prescribe regulations to imple-
ment this chapter.
‘‘§ 904. Homeland defense duty
‘‘(a) FULL-TIME NATIONAL GUARD DUTY.—All duty performed
under this chapter shall be considered to be full-time National
Guard duty under section 502(f) of this title. Members of the
National Guard performing full-time National Guard duty in the
Active Guard and Reserve Program may support or execute home-
land defense activities performed by the National Guard under
this chapter.
‘‘(b) DURATION.—The period for which a member of the National
Guard performs duty under this chapter shall be limited to 180
days. The Governor of the State may, with the concurrence of
the Secretary of Defense, extend the period one time for an addi-
tional 90 days to meet extraordinary circumstances.
‘‘(c) RELATIONSHIP TO REQUIRED TRAINING.—A member of the
National Guard performing duty under this chapter shall, in addi-
tion to performing such duty, participate in the training required
under section 502(a) of this title. The pay, allowances, and other
benefits of the member while participating in the training shall
be the same as those to which the member is entitled while per-
forming the duty under this chapter. The member is not entitled
to additional pay, allowances, or other benefits for participation
in training required under section 502(a)(1) of this title.
‘‘(d) READINESS.—To ensure that the use of units and personnel
of the National Guard of a State for homeland defense activities
does not degrade the training and readiness of such units and
personnel, the following requirements shall apply in determining
the homeland defense activities that units and personnel of the
National Guard of a State may perform:
‘‘(1) The performance of the activities is not to affect
adversely the quality of that training or otherwise interfere
with the ability of a member or unit of the National Guard
to perform the military functions of the member or unit.
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‘‘(2) The performance of the activities is not to degrade
the military skills of the members of the National Guard per-
forming those activities.
‘‘§ 905. Funding assistance
‘‘In the case of any homeland defense activity for which the
Secretary of Defense determines under section 902 of this title
that participation of units or members of the National Guard of
a State is necessary and appropriate, the Secretary may provide
funds to that State in an amount that the Secretary determines
is appropriate for the following costs of the participation in that
activity from funds available to the Department for related pur-
poses:
‘‘(1) The pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses of personnel of the National Guard
of that State.
‘‘(2) The operation and maintenance of the equipment and
facilities of the National Guard of that State.
‘‘(3) The procurement of services and equipment, and the
leasing of equipment, for the National Guard of that State.
‘‘§ 906. Requests for funding assistance
‘‘A Governor of a State may request funding assistance for
the homeland defense activities of the National Guard of that
State from the Secretary of Defense. Any such request shall include
the following:
‘‘(1) The specific intended homeland defense activities of
the National Guard of that State.
‘‘(2) An explanation of why participation of National Guard
units or members, as the case may be, in the homeland defense
activities is necessary and appropriate.
‘‘(3) A certification that homeland defense activities are
to be conducted at a time when the personnel involved are
not in Federal service.
‘‘§ 907. Relationship to State duty
‘‘Nothing in this chapter shall be construed as a limitation
on the authority of any unit of the National Guard of a State,
when such unit is not in Federal service, to perform functions
authorized to be performed by the National Guard by the laws
of the State concerned.
‘‘§ 908. Annual report
‘‘(a) REQUIREMENT FOR REPORT.—After the end of each fiscal
year, the Secretary of Defense shall submit to the congressional
defense committees a report regarding any assistance provided and
activities carried out under this chapter during that fiscal year.
The report for a fiscal year shall be submitted not later than
March 31 of the year following the year in which such fiscal year
ended.
‘‘(b) CONTENT.—The report for a fiscal year shall include the
following matters:
‘‘(1) The numbers of members of the National Guard
excluded under subsection (i) of section 115 of title 10 from
being counted for the purpose of end-strengths authorized
pursuant to subsection (a)(1) of such section.
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‘‘(2) A description of the homeland defense activities con-
ducted with funds provided under this chapter.
‘‘(3) An accounting of the amount of the funds provided
to each State.
‘‘(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard
to perform homeland defense activities under this chapter.’’.
(2) The table of chapters at the beginning of such title is
amended by adding at the end the following new item:
‘‘9. Homeland Defense Activities .....................................................................
901’’.
(b) CONFORMING AMENDMENT.—Section 115 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(i) CERTAIN FULL-TIME NATIONAL GUARD DUTY PERSONNEL
EXCLUDED FROM COUNTING FOR FULL-TIME NATIONAL GUARD DUTY
END STRENGTHS.—In counting full-time National Guard duty per-
sonnel for the purpose of end-strengths authorized pursuant to
subsection (a)(1), persons involuntarily performing homeland
defense activities under chapter 9 of title 32 shall be excluded.’’.
SEC. 513. COMMISSION ON THE NATIONAL GUARD AND RESERVES.
(a) ESTABLISHMENT.—There is established a commission to be
known as the ‘‘Commission on the National Guard and Reserves’’.
(b) COMPOSITION.—(1) The Commission shall be composed of
13 members appointed as follows:
(A) Three members appointed by the chairman of the Com-
mittee on Armed Services of the Senate.
(B) Three members appointed by the chairman of the Com-
mittee on Armed Services of the House of Representatives.
(C) Two members appointed by the ranking minority
member of the Committee on Armed Services of the Senate.
(D) Two members appointed by the ranking minority
member of the Committee on Armed Service of the House
of Representatives.
(E) Three members appointed by the Secretary of Defense.
(2) The members of the Commission shall be appointed from
among persons who have knowledge and expertise in the following
areas:
(A) National security.
(B) Roles and missions of any of the Armed Forces.
(C) The mission, operations, and organization of the
National Guard of the United States.
(D) The mission, operations, and organization of the other
reserve components of the Armed Forces.
(E) Military readiness of the Armed Forces.
(F) Personnel pay and other forms of compensation.
(G) Other personnel benefits, including health care.
(3) Members of the Commission shall be appointed for the
life of the Commission. A vacancy in the membership of the Commis-
sion shall not affect the powers of the Commission, but shall be
filled in the same manner as the original appointment.
(4) The Secretary of Defense shall designate a member of the
Commission to be chairman of the Commission.
(c) DUTIES.—(1) The Commission shall carry out a study of
the following matters:
(A) The roles and missions of the National Guard and
the other reserve components of the Armed Forces.
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(B) The compensation and other benefits, including health
care benefits, that are provided for members of the reserve
components under the laws of the United States.
(2) In carrying out the study under paragraph (1), the Commis-
sion shall do the following:
(A) Assess the current roles and missions of the reserve
components and identify appropriate potential future roles and
missions for the reserve components.
(B) Assess the capabilities of the reserve components and
determine how the units and personnel of the reserve compo-
nents may be best used to support the military operations
of the Armed Forces and the achievement of national security
objectives, including homeland defense, of the United States.
(C) Assess the Department of Defense plan for implementa-
tion of section 115(b) of title 10, United States Code, as added
by section 404(a)(4).
(D) Assess—
(i) the current organization and structure of the
National Guard and the other reserve components; and
(ii) the plans of the Department of Defense and the
Armed Forces for future organization and structure of the
National Guard and the other reserve components.
(E) Assess the manner in which the National Guard and
the other reserve components are currently organized and
funded for training and identify an organizational and funding
structure for training that best supports the achievement of
training objectives and operational readiness.
(F) Assess the effectiveness of the policies and programs
of the National Guard and the other reserve components for
achieving operational readiness and personnel readiness,
including medical and personal readiness.
(G) Assess—
(i) the adequacy and appropriateness of the compensa-
tion and benefits currently provided for the members of
the National Guard and the other reserve components,
including the availability of health care benefits and health
insurance; and
(ii) the effects of proposed changes in compensation
and benefits on military careers in both the regular and
the reserve components of the Armed Forces.
(H) Identify various feasible options for improving the com-
pensation and other benefits available to the members of the
National Guard and the members of the other reserve compo-
nents and assess—
(i) the cost-effectiveness of such options; and
(ii) the foreseeable effects of such options on readiness,
recruitment, and retention of personnel for careers in the
regular and reserve components the Armed Forces.
(I) Assess the traditional military career paths for members
of the National Guard and the other reserve components and
identify alternative career paths that could enhance profes-
sional development.
(J) Assess the adequacy of the funding provided for the
National Guard and the other reserve components for several
previous fiscal years, including the funding provided for
National Guard and reserve component equipment and the
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funding provided for National Guard and other reserve compo-
nent personnel in active duty military personnel accounts and
reserve military personnel accounts.
(d) FIRST
MEETING.—The Commission shall hold its first
meeting not later than 30 days after the date on which all members
of the Commission have been appointed.
(e) ADMINISTRATIVE AND PROCEDURAL AUTHORITIES.—(1) Sec-
tions 955, 956, 957 (other than subsection (f)), 958, and 959 of
the National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103–160; 10 U.S.C 111 note) shall apply to the Commission,
except that in applying section 957(a) of such Act to the Commis-
sion, ‘‘level IV of the Executive Schedule’’ shall be substituted
for ‘‘level V of the Executive Schedule’’.
(2) The following provisions of law do not apply to the Commis-
sion:
(A) Section 3161 of title 5, United States Code.
(B) The Federal Advisory Committee Act (5 U.S.C. App.).
(f) REPORTS.—(1) Not later than three months after the first
meeting of the Commission, the Commission shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth—
(A) a strategic plan for the work of the Commission;
(B) a discussion of the activities of the Commission; and
(C) any initial findings of the Commission.
(2) Not later than one year after the first meeting of the
Commission, the Commission shall submit a final report to the
committees of Congress referred to in paragraph (1) and to the
Secretary of Defense. The final report shall include any rec-
ommendations that the Commission determines appropriate,
including any recommended legislation, policies, regulations, direc-
tives, and practices.
(g) TERMINATION.—The Commission shall terminate 90 days
after the date on which the final report is submitted under sub-
section (f)(2).
(h) ANNUAL
REVIEW.—(1) The Secretary of Defense shall
annually review the reserve components of the Armed Forces with
regard to—
(A) the roles and missions of the reserve components; and
(B) the compensation and other benefits, including health
care benefits, that are provided for members of the reserve
components under the laws of the United States.
(2) The Secretary shall submit a report of the annual review,
together with any comments and recommendations that the Sec-
retary considers appropriate, to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives.
(3) The first review under paragraph (1) shall take place during
fiscal year 2006.
SEC. 514. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR TRAINING
FROM AUTHORITY TO ORDER RESERVES TO ACTIVE
DUTY.
(a) GENERAL AUTHORITY TO ORDER RESERVES
TO ACTIVE
DUTY.—Section 12301 of title 10, United States Code, is amended—
(1) in the first sentence of subsection (a), by striking ‘‘(other
than for training)’’;
(2) in subsection (c)—
10 USC 10101
note.
Deadline.
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(A) in the first sentence, by striking ‘‘(other than for
training)’’ and inserting ‘‘as provided in subsection (a)’’;
and
(B) in the second sentence, by striking ‘‘ordered to
active duty (other than for training)’’ and inserting ‘‘so
ordered to active duty’’; and
(3) in subsection (e), by striking ‘‘(other than for training)’’
and inserting ‘‘as provided in subsection (a)’’.
(b) READY RESERVE 24-MONTH CALLUP AUTHORITY.—Section
12302 of such title is amended by striking ‘‘(other than for training)’’
in subsections (a) and (c).
(c) SELECTED RESERVE AND INDIVIDUAL READY RESERVE 270-
DAY CALLUP AUTHORITY.—Section 12304(a) of such title is amended
by striking ‘‘(other than for training)’’.
(d) STANDBY RESERVE CALLUP AUTHORITY.—Section 12306 of
such title is amended—
(1) in subsection (a), by striking ‘‘active duty (other than
for training) only as provided in section 12301 of this title’’
and inserting ‘‘active duty only as provided in section 12301
of this title, but subject to the limitations in subsection (b)’’;
and
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘(other than for
training)’’ and inserting ‘‘under section 12301(a) of this
title’’; and
(B) in paragraph (2), by striking ‘‘no other member’’
and all that follows through ‘‘without his consent’’ and
inserting ‘‘notwithstanding section 12301(a) of this title,
no other member in the Standby Reserve may be ordered
to active duty as an individual under such section without
his consent’’.
SEC. 515. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE COMPONENT
ADVISERS TO UNITS OF THE SELECTED RESERVE.
(a) CHANGE IN MINIMUM NUMBER REQUIRED TO BE ASSIGNED.—
Section 414(c)(1) of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (10 U.S.C. 12001 note) is amended
by striking ‘‘5,000’’ and inserting ‘‘3,500’’.
(b) LIMITATION ON REDUCTIONS.—Notwithstanding the amend-
ment made by subsection (a), the Secretary of the Army may
not reduce the number of active component Reserve support per-
sonnel below the number of such personnel as of the date of the
enactment of this Act until the report required by subsection (c)
has been submitted.
(c) REPORT.—Not later than March 31, 2005, the Secretary
of the Army shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the support
by active components of the Army for training and readiness of
the Army National Guard and Army Reserve. The report shall
include an evaluation and determination of each of the following:
(1) The effect on the ability of the Army to improve such
training and readiness resulting from the reduction under the
amendment made by subsection (a) in the minimum number
of active component Reserve support personnel.
(2) The adequacy of having 3,500 members of the Army
(the minimum number required under the law as so amended)
assigned as active component Reserve support personnel in
10 USC 12001
note.
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order to meet emerging training requirements in the Army
reserve components in connection with unit and force structure
conversions and preparations for wartime deployment.
(3) The nature and effectiveness of efforts by the Army
to reallocate the 3,500 personnel assigned as active component
Reserve support personnel to higher priority requirements and
to expand the use of reservists on active duty to meet reserve
component training needs.
(4) Whether the Army is planning further reductions in
the number of active component Reserve support personnel
and, if so, the scope and rationale for those reductions.
(5) Whether an increase in Army reserve component full-
time support personnel will be required to replace the loss
of active component Reserve support personnel.
(d) DEFINITION.—In this section, the term ‘‘active component
Reserve support personnel’’ means the active component Army per-
sonnel assigned as advisers to units of the Selected Reserve of
the Ready Reserve of the Army pursuant to section 414 of the
National Defense Authorization Act for Fiscal Years 1992 and 1993
(10 U.S.C. 12001 note).
SEC. 516. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY SERVICES.
Section 1588 of title 10, United States Code, is amended—
(1) in subsection (a), by adding at the end the following
new paragraph:
‘‘(8) Voluntary services to support programs of a committee
of the Employer Support of the Guard and Reserve as author-
ized by the Secretary of Defense.’’; and
(2) in subsection (f)(1), by striking ‘‘subsection (a)(3)’’ and
inserting ‘‘paragraph (3) or (8) of subsection (a)’’.
SEC. 517. AUTHORITY TO REDESIGNATE THE NAVAL RESERVE AS THE
NAVY RESERVE.
(a) AUTHORITY OF SECRETARY OF THE NAVY.—The Secretary
of the Navy may, with the approval of the President, redesignate
the reserve component known as the Naval Reserve as the ‘‘Navy
Reserve’’. Any such redesignation shall be effective on a date speci-
fied by the Secretary, which date may not be earlier than the
date that is 180 days after the date on which the Secretary submits
recommended legislation under subsection (c).
(b) PUBLICATION OF REDESIGNATION.—If the Secretary of the
Navy exercises the authority to redesignate the Naval Reserve
under subsection (a), the Secretary shall promptly publish in the
Federal Register and submit to the Congress notice of the redesigna-
tion, including the effective date of the redesignation.
(c) CONFORMING LEGISLATION.—If the Secretary of the Navy
exercises the authority to redesignate the Naval Reserve under
subsection (a), the Secretary shall submit to the Congress rec-
ommended legislation that identifies each specific provision of law
that refers to the Naval Reserve and sets forth an amendment
to that specific provision of law to conform the reference to the
new designation.
(d) REFERENCES.—If the Secretary of the Navy exercises the
authority to redesignate the Naval Reserve under subsection (a),
then on and after the effective date of the redesignation, any ref-
erence in any law, map, regulation, document, paper, or other
record of the United States to the Naval Reserve shall be deemed
to be a reference to the Navy Reserve.
Federal Register,
publication.
Effective date.
10 USC 10101
note.
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SEC. 518. COMPTROLLER GENERAL ASSESSMENT OF INTEGRATION OF
ACTIVE AND RESERVE COMPONENTS OF THE NAVY.
(a) ASSESSMENT.—The Comptroller General shall review the
plan of the Secretary of the Navy for, and implementation by
the Secretary of, initiatives undertaken within the Navy to improve
the integration of the active and reserve components of the Navy
in peacetime and wartime operations resulting from—
(1) the Naval Reserve Redesign Study carried out by the
Navy; and
(2) the zero-based review of reserve component force struc-
ture undertaken by the commander of the Fleet Forces Com-
mand of the Navy during fiscal year 2004.
(b) REPORT.—No later than March 31, 2005, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the results
of the review under subsection (a). The Comptroller General shall
include in the report recommendations for improved active and
reserve component integration in the Navy.
(c) MATTERS TO BE EXAMINED.—In conducting the review under
subsection (a), the Comptroller General shall examine the following:
(1) The criteria the Navy used to determine the following
with respect to integration of the active and reserve components
of the Navy:
(A) The future mix of active and reserve component
force structure.
(B) Organization of command and control elements.
(C) Manpower levels.
(D) Basing changes.
(2) The extent to which the plans of the Navy for improving
the integration of the active and reserve components of the
Navy considered each of the following:
(A) The new Fleet Response Plan of the Navy.
(B) The flexible deployment concept.
(C) Global operations.
(D) Emerging mission requirements.
(E) Other evolving initiatives.
(3) The manner in which the timing of the execution of
planned active and reserve integration initiatives will correlate
with the funding of those initiatives, including consideration
of an evaluation of the adequacy of the funding allocated to
those integration initiatives.
(4) For naval aviation forces, the extent to which the active
and reserve component integration plans of the Navy will affect
factors such as—
(A) common training and readiness standards for active
and reserve forces;
(B) reserve component access to the same equipment
as the active component;
(C) relationships between command and headquarters
elements of active and reserve forces;
(D) trends in the use by the Navy of units referred
to as ‘‘associate’’ units or ‘‘blended’’ units;
(E) Basing criteria of future aviation forces; and
(F) Employment of Naval Reserve aviation forces and
personnel in peacetime and wartime operations.
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118 STAT. 1886
PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 519. LIMITATION ON NUMBER OF STARBASE ACADEMIES IN A
STATE.
Paragraph (3) of section 2193b(c) of title 10, United States
Code, is amended to read as follows:
‘‘(3)(A) Except as otherwise provided under subparagraph (B),
the Secretary may not support the establishment in any State
of more than two academies under the program.
‘‘(B) The Secretary may support the establishment and oper-
ation of an academy in a State in excess of two academies in
that State if the Secretary expressly waives, in writing, the limita-
tion in subparagraph (A) with respect to that State. In the case
of any such waiver, appropriated funds may be used for the
establishment and operation of an academy in excess of two in
that State only to the extent that appropriated funds are expressly
available for that purpose. Any such waiver shall be made under
criteria to be prescribed by the Secretary.’’.
SEC. 520. RECOGNITION ITEMS FOR CERTAIN RESERVE COMPONENT
PERSONNEL.
(a) ARMY RESERVE.—(1) Chapter 1805 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 18506. Recruitment and retention: availability of funds
for recognition items for Army Reserve personnel
‘‘(a) AVAILABILITY OF FUNDS.—(1) Under regulations prescribed
by the Secretary of the Army, funds authorized to be appropriated
to the Army Reserve and available for recruitment and retention
of military personnel may be obligated and expended for recognition
items that are distributed to members of the Army Reserve and
to members of their families and other individuals recognized as
providing support that substantially facilitates service in the Army
Reserve.
‘‘(2) The purpose of the distribution of such items shall be
to enhance the recruitment and retention of members of the Army
Reserve.
‘‘(b) PROVISION OF MEALS AND REFRESHMENTS.—For purposes
of section 520c of this title and any regulation prescribed to imple-
ment that section, functions conducted for the purpose of presenting
recognition items described in subsection (a) shall be treated as
recruiting functions and recipients of such items shall be treated
as persons who are the objects of recruiting efforts.
‘‘(c) LIMITATION
ON VALUE.—The value of items referred to
in subsection (a) that are distributed to any single member of
the Army Reserve at any one time may not exceed $50.
‘‘(d) TERMINATION OF AUTHORITY.—The authority under this
section shall expire December 31, 2005.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘18506. Recruitment and retention: availability of funds for recognition items for
Army Reserve personnel.’’.
(b) USE OF FUNDS TO PROMOTE RETENTION IN THE NATIONAL
GUARD.—(1) Chapter 7 of title 32, United States Code, is amended
by adding at the end the following new section:
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PUBLIC LAW 108–375—OCT. 28, 2004
‘‘§ 717. Presentation of recognition items for retention pur-
poses
‘‘(a) EXPENDITURES FOR RECOGNITION ITEMS.—Under regula-
tions prescribed by the Secretary of the Army and the Secretary
of the Air Force, funds appropriated for the Army National Guard
or Air National Guard for the purpose of recruitment and retention
of military personnel may be expended to procure recognition items
of nominal or modest value for retention purposes and to present
such items to members of the National Guard and to members
of their families and other individuals recognized as providing sup-
port that substantially facilitates service in the National Guard.
‘‘(b) PROVISION OF MEALS AND REFRESHMENTS.—For purposes
of section 520c of title 10 and any regulation prescribed to imple-
ment that section, functions conducted for the purpose of presenting
recognition items described in subsection (a) shall be treated as
recruiting functions and recipients of such items shall be treated
as persons who are the objects of recruiting efforts.
‘‘(c) RELATION TO OTHER LAW.—The authority provided in this
section is in addition to other provision of law authorizing the
use of appropriations for recruitment and retention purposes.
‘‘(d) DEFINITION.—The term ‘recognition items of nominal or
modest value’ means commemorative coins, medals, trophies,
badges, flags, posters, paintings, or other similar items that are
valued at less than $50 per item and are designed to recognize
or commemorate service in the armed forces or National Guard.
‘‘(e) TERMINATION OF AUTHORITY.—The authority under this
section shall expire December 31, 2005.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘717. Presentation of recognition items for retention purposes.’’.
(c) EFFECTIVE DATE.—Section 18506 of title 10, United States
Code, as added by subsection (a), and section 717 of title 32,
United States Code, as added by subsection (b), shall take effect
as of November 24, 2003, and as if included in the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–136).
Subtitle C—Reserve Component Personnel
Matters
SEC. 521. STATUS UNDER DISABILITY RETIREMENT SYSTEM FOR
RESERVE MEMBERS RELEASED FROM ACTIVE DUTY DUE
TO INABILITY TO PERFORM WITHIN 30 DAYS OF CALL
TO ACTIVE DUTY.
(a) IN GENERAL.—Chapter 61 of title 10, United States Code,
is amended by inserting after section 1206 the following new section:
‘‘§ 1206a. Reserve component members unable to perform
duties when ordered to active duty: disability
system processing
‘‘(a) MEMBERS RELEASED FROM ACTIVE DUTY WITHIN 30 DAYS.—
A member of a reserve component who is ordered to active duty
for a period of more than 30 days and is released from active
duty within 30 days of commencing such period of active duty
for a reason stated in subsection (b) shall be considered for all
10 USC 18506
note.
Regulations.
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118 STAT. 1888
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purposes under this chapter to have been serving under an order
to active duty for a period of 30 days or less.
‘‘(b) APPLICABLE REASONS FOR RELEASE.—Subsection (a) applies
in the case of a member released from active duty because of
a failure to meet—
‘‘(1) physical standards for retention due to a preexisting
condition not aggravated during the period of active duty; or
‘‘(2) medical or dental standards for deployment due to
a preexisting condition not aggravated during the period of
active duty.
‘‘(c) SAVINGS PROVISION FOR MEDICAL CARE PROVIDED WHILE
ON ACTIVE DUTY.—Notwithstanding subsection (a), any benefit
under chapter 55 of this title received by a member described
in subsection (a) or a dependent of such member before or during
the period of active duty shall not be subject to recoupment or
otherwise affected.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 1206 the following new item:
‘‘1206a. Reserve component members unable to perform duties when ordered to ac-
tive duty: disability system processing.’’.
SEC. 522. REQUIREMENT FOR RETENTION OF RESERVES ON ACTIVE
DUTY TO QUALIFY FOR RETIRED PAY NOT APPLICABLE
TO NONREGULAR SERVICE RETIREMENT SYSTEM.
Section 12686(a) of title 10, United States Code, is amended
by inserting ‘‘(other than the retirement system under chapter
1223 of this title)’’ after ‘‘retirement system’’.
SEC. 523. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR RESERVE
AND NATIONAL GUARD CIVILIAN TECHNICIANS.
Section 6323(d)(1) of title 5, United States Code is amended
by striking ‘‘(other than active duty during a war or national emer-
gency declared by the President or Congress)’’.
SEC. 524. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR
OFFICERS COMMISSIONED THROUGH ROTC PROGRAM AT
MILITARY JUNIOR COLLEGES.
(a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE ON ACTIVE
DUTY.—Section 2107(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(5)(A) The Secretary of the Army, under regulations and cri-
teria established by the Secretary, may provide an individual who
received a commission as a Reserve officer in the Army from a
military junior college through a program under this chapter and
who does not have a baccalaureate degree with financial assistance
for pursuit of a baccalaureate degree.
‘‘(B) Such assistance is in addition to any financial assistance
provided under paragraph (1), (3), or (4).
‘‘(C) The agreement and reimbursement requirements estab-
lished in section 2005 of this title are applicable to financial assist-
ance under this paragraph.
‘‘(D) An officer receiving financial assistance under this para-
graph shall be attached to a unit of the Army as determined
by the Secretary and shall be considered to be a member of the
Senior Reserve Officers’ Training Corps on inactive duty for
training, as defined in section 101(23) of title 38.
Regulations.
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‘‘(E) A qualified officer who did not previously receive financial
assistance under this section is eligible to receive educational assist-
ance under this paragraph.
‘‘(F) A Reserve officer may not be called or ordered to active
duty for a deployment while participating in the program under
this paragraph.
‘‘(G) Any service obligation incurred by an officer under an
agreement entered into under this paragraph shall be in addition
to any service obligation incurred by that officer under any other
provision of law or agreement.’’.
(b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE IN TROOP
PROGRAM UNITS.—Section 2107a(c) of such title is amended by
adding at the end the following new paragraph:
‘‘(4)(A) The Secretary of the Army may provide an individual
who received a commission as a Reserve officer in the Army from
a military junior college through a program under this chapter
and who does not have a baccalaureate degree with financial assist-
ance for pursuit of a baccalaureate degree.
‘‘(B) Such assistance is in addition to any provided under para-
graph (1) or (2).
‘‘(C) The agreement and reimbursement requirements estab-
lished in section 2005 of this title are applicable to financial assist-
ance under this paragraph.
‘‘(D) An officer receiving financial assistance under this para-
graph shall be attached to a unit of the Army as determined
by the Secretary and shall be considered to be a member of the
Senior Reserve Officers’ Training Corps on inactive duty for
training, as defined in section 101(23) of title 38.
‘‘(E) A qualified officer who did not previously receive financial
assistance under this section is eligible to receive educational assist-
ance under this paragraph.
‘‘(F) A Reserve officer may not be called or ordered to active
duty for a deployment while participating in the program under
this paragraph.
‘‘(G) Any service obligation incurred by an officer under an
agreement entered into under this paragraph shall be in addition
to any service obligation incurred by that officer under any other
provision of law or agreement.’’.
(c) IMPLEMENTATION REPORT.—Not later than March 31, 2007,
the Secretary of the Army shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report providing information on
the experience of the Department of the Army under paragraph
(5) of section 2107(c) of title 10, United States Code, as added
by subsection (a), and under paragraph (4) of section 2107a(c)
of title 10, United States Code, as added by subsection (b). The
report shall include any recommendations the Secretary considers
necessary for the improvement of the programs under those para-
graphs.
SEC. 525. REPEAL OF SUNSET PROVISION FOR FINANCIAL ASSISTANCE
PROGRAM 
FOR 
STUDENTS 
NOT 
ELIGIBLE 
FOR
ADVANCED TRAINING.
Section 2103a of title 10, United States Code, is amended
by striking subsection (d).
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PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS OFFICER
ON ELIGIBILITY FOR SELECTED RESERVE EDUCATION
LOAN REPAYMENT PROGRAM FOR ENLISTED MEMBERS.
Section 16301(a) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘The Secretary’’ in the
first sentence and inserting ‘‘Except as provided in paragraph
(3), the Secretary of Defense’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) In the case of a commitment made by the Secretary of
Defense after the date of the enactment of this paragraph to repay
a loan under paragraph (1) conditioned upon the performance by
the borrower of service as an enlisted member under paragraph
(2), the Secretary may repay the loan for service performed by
the borrower as an officer (rather than as an enlisted member)
in the case of a borrower who, after such commitment is entered
into and while performing service as an enlisted member, accepts
an appointment or commission as a warrant officer or commissioned
officer of the Selected Reserve.’’.
SEC. 527. EDUCATIONAL ASSISTANCE FOR CERTAIN RESERVE COMPO-
NENT MEMBERS WHO PERFORM ACTIVE SERVICE.
(a) ESTABLISHMENT
OF PROGRAM.—Part IV of subtitle E of
title 10, United States Code, is amended by inserting after chapter
1606 the following new chapter:
‘‘CHAPTER 1607—EDUCATIONAL ASSISTANCE FOR RE-
SERVE COMPONENT MEMBERS SUPPORTING CONTIN-
GENCY OPERATIONS AND CERTAIN OTHER OPER-
ATIONS
‘‘Sec.
‘‘16161. Purpose.
‘‘16162. Educational assistance program.
‘‘16163. Eligibility for educational assistance.
‘‘16164. Time limitation for use of entitlement.
‘‘16165. Termination of assistance.
‘‘16166. Administration of program.
‘‘§ 16161. Purpose
‘‘The purpose of this chapter is to provide educational assistance
to members of the reserve components called or ordered to active
service in response to a war or national emergency declared by
the President or the Congress, in recognition of the sacrifices that
those members make in answering the call to duty.
‘‘§ 16162. Educational assistance program
‘‘(a) PROGRAM ESTABLISHMENT.—The Secretary of each military
department, under regulations prescribed by the Secretary of
Defense, and the Secretary of Homeland Security with respect
to the Coast Guard when it is not operating as a service in the
Navy, shall establish and maintain a program as prescribed in
this chapter to provide educational assistance to members of the
Ready Reserve of the armed forces under the jurisdiction of the
Secretary concerned.
‘‘(b) AUTHORIZED EDUCATION PROGRAMS.—Educational assist-
ance may be provided under this chapter for pursuit of any program
of education that is an approved program of education for purposes
of chapter 30 of title 38.
Regulations.
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‘‘(c) BENEFIT AMOUNT.—(1) The educational assistance program
established under subsection (a) shall provide for payment by the
Secretary concerned, through the Secretary of Veterans Affairs,
an educational assistance allowance to each member entitled to
educational assistance under this chapter who is pursuing a pro-
gram of education authorized under subsection (b).
‘‘(2) The educational assistance allowance provided under this
chapter shall be based on the applicable percent under paragraph
(4) to the applicable rate provided under section 3015 of title 38
for a member whose entitlement is based on completion of an
obligated period of active duty of three years.
‘‘(3) The educational assistance allowance provided under this
section for a person who is undertaking a program for which a
reduced rate is specified in chapter 30 of title 38, that rate shall
be further adjusted by the applicable percent specified in paragraph
(4).
‘‘(4) The adjusted educational assistance allowance under para-
graph (2) or (3), as applicable, shall be—
‘‘(A) 40 percent in the case of a member of a reserve
component who performed active service for 90 consecutive
days but less than one continuous year;
‘‘(B) 60 percent in the case of a member of a reserve
component who performed active service for one continuous
year but less than two continuous years; or
‘‘(C) 80 percent in the case of a member of a reserve
component who performed active service for two continuous
years or more.
‘‘(d) MAXIMUM MONTHS OF ASSISTANCE.—(1) Subject to section
3695 of title 38, the maximum number of months of educational
assistance that may be provided to any member under this chapter
is 36 (or the equivalent thereof in part-time educational assistance).
‘‘(2)(A) Notwithstanding any other provision of this chapter
or chapter 36 of title 38, any payment of an educational assistance
allowance described in subparagraph (B) shall not—
‘‘(i) be charged against the entitlement of any individual
under this chapter; or
‘‘(ii) be counted toward the aggregate period for which
section 3695 of title 38 limits an individual’s receipt of assist-
ance.
‘‘(B) The payment of the educational assistance allowance
referred to in subparagraph (A) is the payment of such an allowance
to the individual for pursuit of a course or courses under this
chapter if the Secretary of Veterans Affairs finds that the
individual—
‘‘(i) had to discontinue such course pursuit as a result
of being ordered to serve on active duty under section 12301(a),
12301(d), 12301(g), 12302, or 12304 of this title; and
‘‘(ii) failed to receive credit or training time toward comple-
tion of the individual’s approved educational, professional, or
vocational objective as a result of having to discontinue, as
described in clause (i), the individual’s course pursuit.
‘‘(C) The period for which, by reason of this subsection, an
educational assistance allowance is not charged against entitlement
or counted toward the applicable aggregate period under section
3695 of title 38 shall not exceed the portion of the period of enroll-
ment in the course or courses for which the individual failed to
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receive credit or with respect to which the individual lost training
time, as determined under subparagraph (B)(ii).
‘‘§ 16163. Eligibility for educational assistance
‘‘(a) ELIGIBILITY.—On or after September 11, 2001, a member
of a reserve component is entitled to educational assistance under
this chapter if the member—
‘‘(1) served on active duty in support of a contingency
operation for 90 consecutive days or more; or
‘‘(2) in the case of a member of the Army National Guard
of the United States or Air National Guard of the United
States, performed full time National Guard duty under section
502(f) of title 32 for 90 consecutive days or more when author-
ized by the President or Secretary of Defense for the purpose
of responding to a national emergency declared by the President
and supported by Federal funds.
‘‘(b) DISABLED
MEMBERS.—Notwithstanding the eligibility
requirements in subsection (a), a member who was ordered to
active service as prescribed under subsection (a)(1) or (a)(2) but
is released from duty before completing 90 consecutive days because
of an injury, illness or disease incurred or aggravated in the line
of duty shall be entitled to educational assistance under this chapter
at the rate prescribed in section 16162(c)(4)(A) of this title.
‘‘(c) WRITTEN NOTIFICATION.—(1) Each member who becomes
entitled to educational assistance under subsection (a) shall be
given a statement in writing prior to release from active service
that summarizes the provisions of this chapter and stating clearly
and prominently the substance of section 16165 of this title as
such section may apply to the member.
‘‘(2) At the request of the Secretary of Veterans Affairs, the
Secretary concerned shall transmit a notice of entitlement for each
such member to that Secretary.
‘‘(d) BAR FROM DUAL ELIGIBILITY.—A member who qualifies
for educational assistance under this chapter may not receive credit
for such service under both the program established by chapter
30 of title 38 and the program established by this chapter but
shall make an irrevocable election (in such form and manner as
the Secretary of Veterans Affairs may prescribe) as to the program
to which such service is to be credited.
‘‘(e) BAR FROM DUPLICATION
OF EDUCATIONAL ASSISTANCE
ALLOWANCE.—(1) Except as provided in paragraph (2), an individual
entitled to educational assistance under this chapter who is also
eligible for educational assistance under chapter 1606 of this title,
chapter 30, 31, 32, or 35 of title 38, or under the Hostage Relief
Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not
receive assistance under more than one such programs and shall
elect (in such form and manner as the Secretary concerned may
prescribe) under which program the member elects to receive edu-
cational assistance.
‘‘(2) The restriction on duplication of educational assistance
under paragraph (1) does not apply to the entitlement of educational
assistance under section 16131(i) of this title.
‘‘§ 16164. Time limitation for use of entitlement
‘‘(a) DURATION OF ENTITLEMENT.—Except as provided in sub-
section (b), a member remains entitled to educational assistance
under this chapter while serving—
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‘‘(1) in the Selected Reserve of the Ready Reserve, in the
case of a member called or ordered to active service while
serving in the Selected Reserve; or
‘‘(2) in the Ready Reserve, in the case of a member ordered
to active duty while serving in the Ready Reserve (other than
the Selected Reserve).
‘‘(b) DURATION
OF ENTITLEMENT
FOR DISABLED MEMBERS.—
(1) In the case of a person who is separated from the Ready
Reserve because of a disability which was not the result of the
individual’s own willful misconduct incurred on or after the date
on which such person became entitled to educational assistance
under this chapter, such person’s entitlement to educational assist-
ance expires at the end of the 10-year period beginning on the
date on which such person became entitled to such assistance.
‘‘(2) The provisions of subsections (d) and (f) of section 3031
of title 38 shall apply to the period of entitlement prescribed by
paragraph (1).
‘‘§ 16165. Termination of assistance
‘‘Educational assistance may not be provided under this
chapter, or if being provided under this chapter, shall be
terminated—
‘‘(1) if the member is receiving financial assistance under
section 2107 of this title as a member of the Senior Reserve
Officers’ Training Corps program; or
‘‘(2) when the member separates from the Ready Reserve,
as provided for under section 16164(a)(1) or section 16164(a)(2),
as applicable, of this title.
‘‘§ 16166. Administration of program
‘‘(a) ADMINISTRATION.—Educational assistance under this
chapter shall be provided through the Department of Veterans
Affairs, under agreements to be entered into by the Secretary
of Defense, and by the Secretary of Homeland Security, with the
Secretary of Veterans Affairs. Such agreements shall include
administrative procedures to ensure the prompt and timely transfer
of funds from the Secretary concerned to the Department of Vet-
erans Affairs for the making of payments under this chapter.
‘‘(b) PROGRAM MANAGEMENT.—Except as otherwise provided in
this chapter, the provisions of sections 503, 511, 3470, 3471, 3474,
3476, 3482(g), 3483, and 3485 of title 38 and the provisions of
subchapters I and II of chapter 36 of such title (with the exception
of sections 3686(a), 3687, and 3692) shall be applicable to the
provision of educational assistance under this chapter. The term
‘eligible veteran’ and the term ‘person’, as used in those provisions,
shall be deemed for the purpose of the application of those provi-
sions to this chapter to refer to a person eligible for educational
assistance under this chapter.
‘‘(c) FLIGHT TRAINING.—The Secretary of Veterans Affairs may
approve the pursuit of flight training (in addition to a course of
flight training that may be approved under section 3680A(b) of
title 38) by an individual entitled to educational assistance under
this chapter if—
‘‘(1) such training is generally accepted as necessary for
the attainment of a recognized vocational objective in the field
of aviation;
Applicability.
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PUBLIC LAW 108–375—OCT. 28, 2004
‘‘(2) the individual possesses a valid private pilot certificate
and meets, on the day the member begins a course of flight
training, the medical requirements necessary for a commercial
pilot certificate; and
‘‘(3) the flight school courses meet Federal Aviation
Administration standards for such courses and are approved
by the Federal Aviation Administration and the State approving
agency.
‘‘(d) TRUST FUND.—Amounts for payments for benefits under
this chapter shall be derived from the Department of Defense
Education Benefits Fund under section 2006 of this title.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 2006(b) of such
title is amended—
(A) in paragraph (1), by striking ‘‘chapter 1606’’ and
inserting ‘‘chapters 1606 and 1607, including funds provided
by the Secretary of Homeland Security for education liabilities
for the Coast Guard when it is not operating as a service
in the Department of the Navy’’; and
(B) in paragraph (2)(C), by striking ‘‘for educational assist-
ance under chapter 1606’’ and inserting ‘‘(including funds from
the Department in which the Coast Guard is operating) for
educational assistance under chapters 1606 and 1607’’.
(2) Section 3695(a)(5) of title 38, United States Code, is
amended by inserting ‘‘1607,’’ after ‘‘1606,’’.
(c) CLERICAL AMENDMENT.—The tables of chapters at the begin-
ning of subtitle E of title 10, United States Code, and at the
beginning of part IV of such subtitle, are amended by inserting
after the item relating to chapter 1606 the following new item:
‘‘1607. Educational Assistance for Reserve Component Members Supporting
Contingency Operations and Certain Other Operations ......................16161’’.
SEC. 528. SENSE OF CONGRESS ON GUIDANCE CONCERNING TREAT-
MENT OF EMPLOYER-PROVIDED COMPENSATION AND
OTHER 
BENEFITS 
VOLUNTARILY 
PROVIDED 
TO
EMPLOYEES WHO ARE ACTIVATED RESERVISTS.
(a) SENSE OF CONGRESS.—It is the sense of Congress—
(1) that the Secretary of the Treasury should provide guid-
ance with respect to treatment under the internal revenue
laws of payments made by employers to activated Reservist
employees under voluntary Reserve-employee differential pay
arrangements, 
benefits 
provided 
by 
employers 
to 
such
employees, and contributions by employers to employer-pro-
vided retirement savings plans related thereto; and
(2) that the guidance provided under paragraph (1) should,
to the extent possible within the Secretary’s authority, be con-
sistent with the goal of promoting and ensuring the validity
of voluntary differential pay arrangements, benefits, and con-
tributions referred to in that paragraph.
(b) DEFINITIONS.—For purposes of this section:
(1) VOLUNTARY
RESERVE-EMPLOYEE
DIFFERENTIAL
PAY
ARRANGEMENT.—The term ‘‘voluntary Reserve-employee dif-
ferential pay arrangement’’ means an arrangement by which
an employer of an activated Reservist employee voluntarily
agrees to pay, and pays, to that employee, while on active
duty, amounts equivalent to the difference (or some portion
of the difference) between (A) the compensation of that
employee paid by the employer at the time of the employee’s
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activation for such active duty, and (B) that employee’s military
compensation.
(2) ACTIVATED RESERVIST EMPLOYEE.—The term ‘‘activated
Reservist employee’’ means a member of a reserve component
of the Armed Forces who is on active duty under a call or
order to active duty (other than for training) and who at the
time of such call or order is employed in a position subject
to chapter 43 of title 38, United States Code (referred to as
the Uniformed Services Employment and Reemployment Rights
Act of 1994 (USERRA)).
Subtitle D—Joint Officer Management and
Professional Military Education
SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DEVELOPMENT
TO OVERALL MISSIONS AND GOALS OF DEPARTMENT OF
DEFENSE.
(a) PLAN REQUIRED.—(1) The Secretary of Defense shall develop
a strategic plan for joint officer management and joint professional
military education that links joint officer development to the accom-
plishment of the overall missions and goals of the Department
of Defense, as set forth in the most recent national military strategy
under section 153(d) of title 10, United States Code. Such plan
shall be developed for the purpose of ensuring that sufficient num-
bers of officers fully qualified in occupational specialties involving
combat operations are available as necessary to meet the needs
of the Department for qualified officers who are operationally effec-
tive in the joint environment.
(2) The Secretary shall develop the strategic plan with the
advice of the Chairman of the Joint Chiefs of Staff.
(b) MATTERS TO BE INCLUDED.—As part of the strategic plan
under subsection (a), the Secretary shall include the following:
(1) A statement of the levels of joint officer resources needed
to be available to properly support the overall missions of
the Department of Defense, with such resources to be specified
by the number of officers with the joint specialty, the number
of officers required for service in joint duty assignment posi-
tions, and the training and education resources required.
(2) An assessment of the available and projected joint officer
development resources (including officers, educational and
training resources, and availability of joint duty assignment
positions and tours of duty) necessary to achieve the levels
specified under paragraph (1).
(3) Identification of any problems or issues arising from
linking resources for joint officer development to accomplish-
ment of the objective of meeting the levels specified under
paragraph (1) to resolve those problems and issues and plans.
(4) A description of the process for identification of the
present and future requirements for joint specialty officers.
(5) A description of the career development and manage-
ment of joint specialty officers and of any changes to be made
to facilitate achievement of the levels of resources specified
in paragraph (1), including additional education requirements,
promotion opportunities, and assignments to fill joint assign-
ments.
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118 STAT. 1896
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(6) An assessment of any problems or issues (and proposed
solutions for any such problems and issues) arising from linking
promotion eligibility to completion of joint professional military
education.
(7) An assessment of any problems or issues (and proposed
solutions for any such problems and issues) arising from linking
prescribed lengths of joint duty assignments to qualification
as joint specialty officers.
(8) An assessment of any problems or issues (and proposed
solutions for any such problems and issues) arising from current
law regarding expected rates of promotion for joint specialty
officers and officers who are serving in, or have served in,
joint duty assignments (other than those serving in, or who
have served in, the Joint Staff and joint specialty officers).
(9) An assessment of any problems or issues (and proposed
solutions for any such problems and issues) arising from current
applicability of scientific and technical qualification waivers
for designation as joint specialty officers.
(10) An assessment of the viability of the use of incentives
(such as awarding ribbons) to any person who successfully
completes a joint professional military education program of
instruction.
(11) An assessment of the feasibility and utility of a com-
prehensive written examination as part of the evaluation cri-
teria for selection of officers for full-time attendance at an
intermediate or senior level service school.
(12) An assessment of the effects on the overall educational
experience at the National Defense University of a small
increase in the number of private-sector civilians eligible to
enroll in instruction at the National Defense University.
(13) An assessment of the propriety and implications in
providing joint specialty officer qualification to all qualifying
reserve offices who have achieved the statutory prerequisites.
(c) INCLUSION OF RESERVE COMPONENT OFFICERS.—In devel-
oping the strategic plan required by subsection (a), the Secretary
shall include joint officer development for officers on the reserve
active-status list in the plan.
(d) REPORT.—The Secretary shall submit the plan developed
under this section to the Committees on Armed Services of the
Senate and House of Representatives not later than January 15,
2006.
(e) ADDITIONAL ASSESSMENT.—Not later than January 15, 2007,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives, as a follow-
on to the report under subsection (d), a report providing an assess-
ment of, and initiatives to improve, the performance in joint matters
of the following:
(1) Senior civilian officers and employees in the Office
of the Secretary of Defense, the Defense Agencies, and the
military departments.
(2) Senior noncommissioned officers.
(3) Senior leadership in the reserve components.
SEC. 532. IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION
IN THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Part III of subtitle A of title 10, United
States Code, is amended—
Deadline.
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118 STAT. 1897
PUBLIC LAW 108–375—OCT. 28, 2004
(1) by redesignating chapter 107 as chapter 106A; and
(2) by inserting before chapter 108 the following new
chapter:
‘‘CHAPTER 107—PROFESSIONAL MILITARY EDUCATION
‘‘Sec.
‘‘2151. Definitions.
‘‘2152. Professional military education: general requirements.
‘‘2153. Capstone course: newly selected general and flag officers.
‘‘2154. Joint professional military education: three-phase approach.
‘‘2155. Joint professional military education phase II program of instruction.
‘‘2156. Joint Forces Staff College: duration of principal course of instruction.
‘‘2157. Annual report to Congress.
‘‘§ 2151. Definitions
‘‘(a) JOINT PROFESSIONAL MILITARY EDUCATION.—Joint profes-
sional military education consists of the rigorous and thorough
instruction and examination of officers of the armed forces in an
environment designed to promote a theoretical and practical in-
depth understanding of joint matters and, specifically, of the subject
matter covered. The subject matter to be covered by joint profes-
sional military education shall include at least the following:
‘‘(1) National Military Strategy.
‘‘(2) Joint planning at all levels of war.
‘‘(3) Joint doctrine.
‘‘(4) Joint command and control.
‘‘(5) Joint force and joint requirements development.
‘‘(b) OTHER DEFINITIONS.—In this chapter:
‘‘(1) The term ‘senior level service school’ means any of
the following:
‘‘(A) The Army War College.
‘‘(B) The College of Naval Warfare.
‘‘(C) The Air War College.
‘‘(D) The Marine Corps War College.
‘‘(2) The term ‘intermediate level service school’ means
any of the following:
‘‘(A) The United States Army Command and General
Staff College.
‘‘(B) The College of Naval Command and Staff.
‘‘(C) The Air Command and Staff College.
‘‘(D) The Marine Corps Command and Staff College.
‘‘§ 2152. Joint professional military education: general
requirements
‘‘(a) IN GENERAL.—The Secretary of Defense shall implement
a comprehensive framework for the joint professional military edu-
cation of officers, including officers nominated under section 661
of this title for the joint specialty.
‘‘§ 2153. Capstone course: newly selected general and flag
officers
‘‘(a) REQUIREMENT.—Each officer selected for promotion to the
grade of brigadier general or, in the case of the Navy, rear admiral
(lower half) shall be required, after such selection, to attend a
military education course designed specifically to prepare new gen-
eral and flag officers to work with the other armed forces.
‘‘(b) WAIVER AUTHORITY.—(1) Subject to paragraph (2), the Sec-
retary of Defense may waive subsection (a)—
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‘‘(A) in the case of an officer whose immediately previous
assignment was in a joint duty assignment and who is thor-
oughly familiar with joint matters;
‘‘(B) when necessary for the good of the service;
‘‘(C) in the case of an officer whose proposed selection
for promotion is based primarily upon scientific and technical
qualifications for which joint requirements do not exist (as
determined under regulations prescribed under section 619(e)(4)
of this title); and
‘‘(D) in the case of a medical officer, dental officer, veteri-
nary officer, medical service officer, nurse, biomedical science
officer, or chaplain.
‘‘(2) The authority of the Secretary of Defense to grant a waiver
under paragraph (1) may only be delegated to the Deputy Secretary
of Defense, an Under Secretary of Defense, or an Assistant Sec-
retary of Defense. Such a waiver may be granted only on a case-
by-case basis in the case of an individual officer.
‘‘§ 2154. Joint professional military education: three-phase
approach
‘‘(a) THREE-PHASE APPROACH.—The Secretary of Defense shall
implement a three-phase approach to joint professional military
education, as follows:
‘‘(1) There shall be a course of instruction, designated and
certified by the Secretary of Defense with the advice and assist-
ance of the Chairman of the Joint Chiefs of Staff as Phase
I instruction, consisting of all the elements of a joint profes-
sional military education (as specified in section 2151(a) of
this title), in addition to the principal curriculum taught to
all officers at an intermediate level service school.
‘‘(2) There shall be a course of instruction, designated and
certified by the Secretary of Defense with the advice and assist-
ance of the Chairman of the Joint Chiefs of Staff as Phase
II instruction, consisting of a joint professional military edu-
cation curriculum taught in residence at—
‘‘(A) the Joint Forces Staff College; or
‘‘(B) a senior level service school that has been des-
ignated and certified by the Secretary of Defense as a
joint professional military education institution.
‘‘(3) There shall be a course of instruction, designated and
certified by the Secretary of Defense with the advice and assist-
ance of the Chairman of the Joint Chiefs of Staff as the Cap-
stone course, for officers selected for promotion to the grade
of brigadier general or, in the case of the Navy, rear admiral
(lower half) and offered in accordance with section 2153 of
this title.
‘‘(b) SEQUENCED APPROACH.—The Secretary shall require the
sequencing of joint professional military education so that the
standard sequence of assignments for such education requires an
officer to complete Phase I instruction before proceeding to Phase
II instruction, as provided in section 2155(a) of this title.
‘‘§ 2155. Joint professional military education phase II pro-
gram of instruction
‘‘(a) PREREQUISITE
OF COMPLETION
OF JOINT PROFESSIONAL
MILITARY EDUCATION I PROGRAM OF INSTRUCTION.—(1) After Sep-
tember 30, 2009, an officer of the armed forces may not be accepted
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118 STAT. 1899
PUBLIC LAW 108–375—OCT. 28, 2004
for, or assigned to, a program of instruction designated by the
Secretary of Defense as joint professional military education Phase
II unless the officer has successfully completed a program of instruc-
tion designated by the Secretary of Defense as joint professional
military education Phase I.
‘‘(2) The Chairman of the Joint Chiefs of Staff may grant
exceptions to the requirement under paragraph (1). Such an excep-
tion may be granted only on a case-by-case basis under exceptional
circumstances, as determined by the Chairman. An officer selected
to receive such an exception shall have knowledge of joint matters
and other aspects of the Phase I curriculum that, to the satisfaction
of the Chairman, qualifies the officer to meet the minimum require-
ments established for entry into Phase II instruction without first
completing Phase I instruction. The number of officers selected
to attend an offering of the principal course of instruction at the
Joint Forces Staff College or a senior level service school designated
by the Secretary of Defense as a joint professional military edu-
cation institution who have not completed Phase I instruction
should comprise no more than 10 percent of the total number
of officers selected.
‘‘(b) PHASE II REQUIREMENTS.—The Secretary shall require that
the curriculum for Phase II joint professional military education
at any school—
‘‘(1) focus on developing joint operational expertise and
perspectives and honing joint warfighting skills; and
‘‘(2) be structured —
‘‘(A) so as to adequately prepare students to perform
effectively in an assignment to a joint, multiservice
organization; and
‘‘(B) so that students progress from a basic knowledge
of joint matters learned in Phase I instruction to the level
of expertise necessary for successful performance in the
joint arena.
‘‘(c) CURRICULUM CONTENT.—In addition to the subjects speci-
fied in section 2151(a) of this title, the curriculum for Phase II
joint professional military education shall include the following:
‘‘(1) National security strategy.
‘‘(2) Theater strategy and campaigning.
‘‘(3) Joint planning processes and systems.
‘‘(4) Joint, interagency, and multinational capabilities and
the integration of those capabilities.
‘‘(d) STUDENT RATIO; FACULTY RATIO.—Not later than Sep-
tember 30, 2009, for courses of instruction in a Phase II program
of instruction that is offered at senior level service school that
has been designated by the Secretary of Defense as a joint profes-
sional military education institution—
‘‘(1) the percentage of students enrolled in any such course
who are officers of the armed force that administers the school
may not exceed 60 percent, with the remaining services propor-
tionally represented; and
‘‘(2) of the faculty at the school who are active-duty officers
who provide instruction in such courses, the percentage who
are officers of the armed force that administers the school
may not exceed 60 percent, with the remaining services propor-
tionally represented.
Deadline.
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PUBLIC LAW 108–375—OCT. 28, 2004
‘‘§ 2156. Joint Forces Staff College: duration of principal
course of instruction
‘‘(a) DURATION.—The duration of the principal course of instruc-
tion offered at the Joint Forces Staff College may not be less
than 10 weeks of resident instruction.
‘‘(b) DEFINITION.—In this section, the term ‘principal course
of instruction’ means any course of instruction offered at the Joint
Forces Staff College as Phase II joint professional military edu-
cation.
‘‘§ 2157. Annual report to Congress
‘‘The Secretary of Defense shall include in the annual report
of the Secretary to Congress under section 113(c) of this title,
for the period covered by the report, the following information
(which shall be shown for the Department of Defense as a whole
and separately for the Army, Navy, Air Force, and Marine Corps
and each reserve component):
‘‘(1) The number of officers who successfully completed
a joint professional military education phase II course and
were not selected for promotion.
‘‘(2) The number of officer students and faculty members
assigned by each service to the professional military schools
of the other services and to the joint schools.’’.
(b) TRANSFER OF OTHER PROVISIONS.—Subsections (b) and (c)
of section 663 of title 10, United States Code, are transferred
to section 2152 of such title, as added by subsection (a), and added
at the end thereof.
(c) CONFORMING AMENDMENTS.—(1) Section 663 of such title,
as amended by subsection (b), is further amended—
(A) by striking subsections (a) and (e); and
(B) by striking ‘‘(d) POST-EDUCATION JOINT DUTY ASSIGN-
MENTS.—(1) The’’ and inserting ‘‘(a) JOINT SPECIALTY OFFI-
CERS.—The’’;
(C) by striking ‘‘(2)(A) The Secretary’’ and inserting ‘‘(b)
OTHER OFFICERS.—(1) The Secretary’’;
(D) by striking ‘‘in subparagraph (B)’’ and inserting ‘‘in
paragraph (2)’’;
(E) by striking ‘‘(B) The Secretary’’ and inserting ‘‘(2) The
Secretary’’; and
(F) by striking ‘‘in subparagraph (A)’’ and inserting ‘‘in
paragraph (1)’’.
(2)(A) The heading of such section is amended to read as
follows:
‘‘§ 663. Joint duty assignments after completion of joint
professional military education’’.
(B) The item relating to that section in the table of sections
at the beginning of chapter 38 of such title is amended to read
as follows:
‘‘663. Joint duty assignments after completion of joint professional military edu-
cation.’’.
(d) CONFORMING REPEAL.—Section 1123(b) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991 (Public
Law 101–189; 103 Stat. 1556) is repealed.
(e) CLERICAL AMENDMENT.—The tables of chapters at the begin-
ning of subtitle A, and at the beginning of part III of subtitle
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118 STAT. 1901
PUBLIC LAW 108–375—OCT. 28, 2004
A, of title 10, United States Code, are amended by striking the
item relating to chapter 107 and inserting the following:
‘‘106A. Educational Assistance for Persons Enlisting for Active Duty 2141
‘‘107. Professional Military Education
....................................................... 2151’’.
SEC. 533. JOINT REQUIREMENTS FOR PROMOTION TO FLAG OR GEN-
ERAL OFFICER GRADE.
(a) EFFECTIVE DATE FOR JOINT SPECIALTY OFFICER REQUIRE-
MENT.—Subsection (a)(2) of section 619a of title 10, United States
Code, is amended by striking ‘‘September 30, 2007’’ and inserting
‘‘September 30, 2008’’.
(b) EXCEPTION TO JOINT DUTY REQUIREMENT FOR OFFICERS
SERVING IN JOINT DUTY ASSIGNMENT WHEN CONSIDERED FOR PRO-
MOTION.—Subsection (b)(4) of such section is amended by striking
‘‘if—’’ and all that follows through ‘‘(B) the officer’s’’ and inserting
‘‘if the officer’s’’.
SEC. 534. CLARIFICATION OF TOURS OF DUTY QUALIFYING AS A JOINT
DUTY ASSIGNMENT.
(a) JOINT DUTY ASSIGNMENT LIST.—Subsection (b)(2) of section
668 of title 10, United States Code, is amended by striking ‘‘a
list’’ in the matter preceding subparagraph (A) and inserting ‘‘a
joint duty assignment list’’.
(b) CONSECUTIVE TOURS
OF DUTY
IN JOINT DUTY ASSIGN-
MENTS.—Subsection (c) of such section is amended by striking
‘‘within the same organization’’.
(c) EFFECTIVE DATE.—The amendment made by subsection (b)
shall not apply in the case of a joint duty assignment completed
by an officer before the date of the enactment of this Act, except
in the case of an officer who has continued in joint duty assign-
ments, without a break in service in such assignments, between
the end of such assignment and the date of the enactment of
this Act.
SEC. 535. TWO-YEAR EXTENSION OF TEMPORARY STANDARD FOR PRO-
MOTION POLICY OBJECTIVES FOR JOINT OFFICERS.
Section 662(a)(2) of title 10, United States Code, is amended
by striking ‘‘December 27, 2004’’ in subparagraphs (A) and (B)
and inserting ‘‘December 27, 2006’’.
SEC. 536. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE REQUIRE-
MENT THAT RESERVE CHIEFS AND NATIONAL GUARD
DIRECTORS HAVE SIGNIFICANT JOINT DUTY EXPERI-
ENCE.
(a) EXTENSION.—Sections 3038(b)(4), 5143(b)(4), 5144(b)(4),
8038(b)(4), and 10506(a)(3)(D) of title 10, United States Code, are
amended by striking ‘‘December 31, 2004,’’ and inserting ‘‘December
31, 2006,’’.
(b) FUTURE COMPLIANCE.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the Senate
a plan for ensuring that all officers selected after December 31,
2006, for recommendation for appointment as a Reserve chief or
National Guard director have significant joint duty experience, as
required by law, and may be so recommended without requirement
for a wavier of such requirement. Such plan shall be developed
in coordination with the Chairman of the Joint Chiefs of Staff.
Deadline.
10 USC 668 note.
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PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle E—Military Service Academies
SEC. 541. REVISION TO CONDITIONS ON SERVICE OF OFFICERS AS
SERVICE ACADEMY SUPERINTENDENTS.
(a) AUTHORITY TO WAIVE REQUIREMENT THAT OFFICERS RETIRE
AFTER SERVICE AS SUPERINTENDENT.—Title 10, United States Code,
is amended as follows:
(1) MILITARY ACADEMY.—Section 3921 is amended—
(A) by inserting ‘‘(a) MANDATORY
RETIREMENT.—’’
before ‘‘Upon the’’; and
(B) by adding at the end the following:
‘‘(b) WAIVER AUTHORITY.—The Secretary of Defense may waive
the requirement in subsection (a) for good cause. In each case
in which such a waiver is granted for an officer, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a written notification of the
waiver, with a statement of the reasons supporting the decision
that the officer not retire, and a written notification of the intent
of the President to nominate the officer for reassignment.’’.
(2) NAVAL ACADEMY.—Section 6371 is amended—
(A) by inserting ‘‘(a) MANDATORY
RETIREMENT.—’’
before ‘‘Upon the’’; and
(B) by adding at the end the following:
‘‘(b) WAIVER AUTHORITY.—The Secretary of Defense may waive
the requirement in subsection (a) for good cause. In each case
in which such a waiver is granted for an officer, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a written notification of the
waiver, with a statement of the reasons supporting the decision
that the officer not retire, and a written notification of the intent
of the President to nominate the officer for reassignment.’’.
(3) AIR FORCE ACADEMY.—Section 8921 is amended—
(A) by inserting ‘‘(a) MANDATORY
RETIREMENT.—’’
before ‘‘Upon the’’; and
(B) by adding at the end the following:
‘‘(b) WAIVER AUTHORITY.—The Secretary of Defense may waive
the requirement in subsection (a) for good cause. In each case
in which such a waiver is granted for an officer, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a written notification of the
waiver, with a statement of the reasons supporting the decision
that the officer not retire, and a written notification of the intent
of the President to nominate the officer for reassignment.’’.
(b) 
MINIMUM
THREE-YEAR
TOUR
OF
DUTY
AS
SUPER-
INTENDENT.—Title 10, United States Code, is amended as follows:
(1) MILITARY ACADEMY.—Section 4333a is amended—
(A) by inserting ‘‘(a) RETIREMENT.—’’ before ‘‘As a’’;
(B) by inserting before the period at the end the fol-
lowing: ‘‘pursuant to section 3921(a) of this title, unless
such retirement is waived under section 3921(b) of this
title’’; and
(C) by adding at the end the following:
‘‘(b) MINIMUM TOUR OF DUTY.—An officer who is detailed to
the position of Superintendent of the Academy shall be so detailed
for a period of not less than three years. In any case in which
an officer serving as Superintendent is reassigned or retires before
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PUBLIC LAW 108–375—OCT. 28, 2004
having completed three years service as Superintendent, or other-
wise leaves that position (other than due to death) without having
completed three years service in that position, the Secretary of
the Army shall submit to Congress notice that such officer left
the position of Superintendent without having completed three
years service in that position, together with a statement of the
reasons why that officer did not complete three years service in
that position.’’.
(2) NAVAL ACADEMY.—Section 6951a is amended—
(A) by inserting before the period at the end of sub-
section (b) the following: ‘‘pursuant to section 6371(a) of
this title, unless such retirement is waived under section
6371(b) of this title’’; and
(B) by adding at the end the following new subsection:
‘‘(c) An officer who is detailed to the position of Superintendent
shall be so detailed for a period of not less than three years.
In any case in which an officer serving as Superintendent is
reassigned or retires before having completed three years service
as Superintendent, or otherwise leaves that position (other than
due to death) without having completed three years service in
that position, the Secretary of the Navy shall submit to Congress
notice that such officer left the position of Superintendent without
having completed three years service in that position, together
with a statement of the reasons why that officer did not complete
three years service in that position.’’.
(3) AIR FORCE ACADEMY.—Section 9333a is amended—
(A) by inserting ‘‘(a) RETIREMENT.—’’ before ‘‘As a’’;
(B) by inserting before the period at the end the fol-
lowing: ‘‘pursuant to section 8921(a) of this title, unless
such retirement is waived under section 8921(b) of this
title’’; and
(C) by adding at the end the following:
‘‘(b) MINIMUM TOUR OF DUTY.—An officer who is detailed to
the position of Superintendent of the Academy shall be so detailed
for a period of not less than three years. In any case in which
an officer serving as Superintendent is reassigned or retires before
having completed three years service as Superintendent, or other-
wise leaves that position (other than due to death) without having
completed three years service in that position, the Secretary of
the Air Force shall submit to Congress notice that such officer
left the position of Superintendent without having completed three
years service in that position, together with a statement of the
reasons why that officer did not complete three years service in
that position.’’.
(c) CLERICAL AMENDMENTS.—Title 10, United States Code, is
amended as follows:
(1)(A) The heading for section 3921 is amended to read
as follows:
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‘‘§ 3921. Mandatory retirement: Superintendent of the United
States Military Academy; waiver authority’’.
(B) The item relating to that section in the table of sections
at the beginning of chapter 367 is amended to read as follows:
‘‘3921. Mandatory retirement: Superintendent of the United States Military Acad-
emy; waiver authority.’’.
(2)(A) The heading for section 6371 is amended to read
as follows:
‘‘§ 6371. Mandatory retirement: Superintendent of the United
States Naval Academy; waiver authority’’.
(B) The item relating to that section in the table of sections
at the beginning of chapter 573 is amended to read as follows:
‘‘6371. Mandatory retirement: Superintendent of the United States Naval Academy;
waiver authority.’’.
(3)(A) The heading for section 8921 is amended to read
as follows:
‘‘§ 8921. Mandatory retirement: Superintendent of the United
States Air Force Academy; waiver authority’’.
(B) The item relating to that section in the table of sections
at the beginning of chapter 867 is amended to read as follows:
‘‘8921. Mandatory retirement: Superintendent of the United States Air Force Acad-
emy; waiver authority.’’.
SEC. 542. ACADEMIC QUALIFICATIONS OF THE DEAN OF THE FACULTY
OF UNITED STATES AIR FORCE ACADEMY.
Section 9335(a) of title 10, United States Code, is amended
by inserting before the period at the end of the second sentence
the following: ‘‘, except that a person may not be appointed or
assigned as Dean unless that person holds the highest academic
degree in that person’s academic field’’.
SEC. 543. BOARD OF VISITORS OF UNITED STATES AIR FORCE
ACADEMY.
Section 9355 of title 10, United States Code, is amended to
read as follows:
‘‘§ 9355. Board of Visitors
‘‘(a) A Board of Visitors to the Academy is constituted annually.
The Board consists of the following members:
‘‘(1) Six persons designated by the President.
‘‘(2) The chairman of the Committee on Armed Services
of the House of Representatives, or his designee.
‘‘(3) Four persons designated by the Speaker of the House
of Representatives, three of whom shall be members of the
House of Representatives and the fourth of whom may not
be a member of the House of Representatives.
‘‘(4) The chairman of the Committee on Armed Services
of the Senate, or his designee.
‘‘(5) Three other members of the Senate designated by
the Vice President or the President pro tempore of the Senate,
two of whom are members of the Committee on Appropriations
of the Senate.
‘‘(b)(1) The persons designated by the President serve for three
years each except that any member whose term of office has expired
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shall continue to serve until his successor is designated. The Presi-
dent shall designate persons each year to succeed the members
designated by the President whose terms expire that year.
‘‘(2) At least two of the members designated by the President
shall be graduates of the Academy.
‘‘(c)(1) If a member of the Board dies or resigns or is terminated
as a member of the board under paragraph (2), a successor shall
be designated for the unexpired portion of the term by the official
who designated the member.
‘‘(2)(A) If a member of the Board fails to attend two successive
Board meetings, except in a case in which an absence is approved
in advance, for good cause, by the Board chairman, such failure
shall be grounds for termination from membership on the Board.
A person designated for membership on the Board shall be provided
notice of the provisions of this paragraph at the time of such
designation.
‘‘(B) Termination of membership on the Board under subpara-
graph (A)—
‘‘(i) in the case of a member of the Board who is not
a member of Congress, may be made by the Board chairman;
and
‘‘(ii) in the case of a member of the Board who is a member
of Congress, may be made only by the official who designated
the member.
‘‘(C) When a member of the Board is subject to termination
from membership on the Board under subparagraph (A), the Board
chairman shall notify the official who designated the member. Upon
receipt of such a notification with respect to a member of the
Board who is a member of Congress, the official who designated
the member shall take such action as that official considers appro-
priate.
‘‘(d) The Board should meet at least four times a year, with
at least two of those meetings at the Academy. The Board or
its members may make other visits to the Academy in connection
with the duties of the Board. Board meetings should last at least
one full day. Board members shall have access to the Academy
grounds and the cadets, faculty, staff, and other personnel of the
Academy for the purposes of the duties of the Board.
‘‘(e)(1) The Board shall inquire into the morale, discipline, and
social climate, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating to
the Academy that the Board decides to consider.
‘‘(2) The Secretary of the Air Force and the Superintendent
of the Academy shall provide the Board candid and complete disclo-
sure, consistent with applicable laws concerning disclosure of
information, with respect to institutional problems.
‘‘(3) The Board shall recommend appropriate action.
‘‘(f) The Board shall prepare a semiannual report containing
its views and recommendations pertaining to the Academy, based
on its meeting since the last such report and any other consider-
ations it determines relevant. Each such report shall be submitted
concurrently to the Secretary of Defense, through the Secretary
of the Air Force, and to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives.
‘‘(g) Upon approval by the Secretary, the Board may call in
advisers for consultation.
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‘‘(h) While performing duties as a member of the Board, each
member of the Board and each adviser shall be reimbursed under
Government travel regulations for travel expenses.’’.
SEC. 544. APPROPRIATED FUNDS FOR SERVICE ACADEMY ATHLETIC
AND RECREATIONAL EXTRACURRICULAR PROGRAMS TO
BE TREATED IN SAME MANNER AS FOR MILITARY
MORALE, WELFARE, AND RECREATION PROGRAMS.
(a) UNITED STATES MILITARY ACADEMY.—(1) Chapter 403 of
title 10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 4359. 
Mixed-funded 
athletic 
and 
recreational 
extra-
curricular programs: authority to manage appro-
priated 
funds 
in 
same 
manner 
as 
non-
appropriated funds
‘‘(a) AUTHORITY.—In the case of an Academy mixed-funded ath-
letic or recreational extracurricular program, the Secretary of the
Army may designate funds appropriated to the Department of the
Army and available for that program to be treated as non-
appropriated funds and expended for that program in accordance
with laws applicable to the expenditure of nonappropriated funds.
Appropriated funds so designated shall be considered to be non-
appropriated funds for all purposes and shall remain available
until expended.
‘‘(b) COVERED PROGRAMS.—In this section, the term ‘Academy
mixed-funded athletic or recreational extracurricular program’
means an athletic or recreational extracurricular program of the
Academy to which each of the following applies:
‘‘(1) The program is not considered a morale, welfare, or
recreation program.
‘‘(2) The program is supported through appropriated funds.
‘‘(3) The program is supported by a nonappropriated fund
instrumentality.
‘‘(4) The program is not a private organization and is not
operated by a private organization.’’.
(2) The table of sections at the beginning of such title is
amended by adding at the end the following new item:
‘‘4359. Mixed-funded athletic and recreational extracurricular programs: authority
to manage appropriated funds in same manner as nonappropriated
funds.’’.
(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 603 of title
10, United States Code, is amended by adding at the end the
following new section:
‘‘§ 6978. 
Mixed-funded 
athletic 
and 
recreational 
extra-
curricular programs: authority to manage appro-
priated 
funds 
in 
same 
manner 
as 
non-
appropriated funds
‘‘(a) AUTHORITY.—In the case of a Naval Academy mixed-funded
athletic or recreational extracurricular program, the Secretary of
the Navy may designate funds appropriated to the Department
of the Navy and available for that program to be treated as non-
appropriated funds and expended for that program in accordance
with laws applicable to the expenditure of nonappropriated funds.
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Appropriated funds so designated shall be considered to be non-
appropriated funds for all purposes and shall remain available
until expended.
‘‘(b) COVERED PROGRAMS.—In this section, the term ‘Naval
Academy mixed-funded athletic or recreational extracurricular pro-
gram’ means an athletic or recreational extracurricular program
of the Naval Academy to which each of the following applies:
‘‘(1) The program is not considered a morale, welfare, or
recreation program.
‘‘(2) The program is supported through appropriated funds.
‘‘(3) The program is supported by a nonappropriated fund
instrumentality.
‘‘(4) The program is not a private organization and is not
operated by a private organization.’’.
(2) The table of sections at the beginning of such title is
amended by adding at the end the following new item:
‘‘6978. Mixed-funded athletic and recreational extracurricular programs: authority
to manage appropriated funds in same manner as nonappropriated
funds.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—(1) Chapter 903 of
title 10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 9359. 
Mixed-funded 
athletic 
and 
recreational 
extra-
curricular programs: authority to manage appro-
priated 
funds 
in 
same 
manner 
as 
non-
appropriated funds
‘‘(a) AUTHORITY.—In the case of an Academy mixed-funded ath-
letic or recreational extracurricular program, the Secretary of the
Air Force may designate funds appropriated to the Department
of the Air Force and available for that program to be treated
as nonappropriated funds and expended for that program in accord-
ance with laws applicable to the expenditure of nonappropriated
funds. Appropriated funds so designated shall be considered to
be nonappropriated funds for all purposes and shall remain avail-
able until expended.
‘‘(b) COVERED PROGRAMS.—In this section, the term ‘Academy
mixed-funded athletic or recreational extracurricular program’
means an athletic or recreational extracurricular program of the
Academy to which each of the following applies:
‘‘(1) The program is not considered a morale, welfare, or
recreation program.
‘‘(2) The program is supported through appropriated funds.
‘‘(3) The program is supported by a nonappropriated fund
instrumentality.
‘‘(4) The program is not a private organization and is not
operated by a private organization.’’.
(2) The table of sections at the beginning of such title is
amended by adding at the end the following new item:
‘‘9359. Mixed-funded athletic and recreational extracurricular programs: authority
to manage appropriated funds in same manner as nonappropriated
funds.’’.
(d) EFFECTIVE DATE AND APPLICABILITY.—Sections 4359, 6978,
and 9359 of title 10, United States Code, shall apply only with
respect to funds appropriated for fiscal years after fiscal year 2004.
10 USC 4359
note.
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SEC. 545. CODIFICATION OF PROHIBITION ON IMPOSITION OF CERTAIN
CHARGES AND FEES AT THE SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—(1) Chapter 403 of
title 10, United States Code, as amended by 544(a)(1), is further
amended by adding at the end the following new section:
‘‘§ 4360. Cadets: charges and fees for attendance; limitation
‘‘(a) PROHIBITION.—Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at the
Academy may be imposed unless the charge or fee is specifically
authorized by a law enacted after October 5, 1994.
‘‘(b) EXCEPTION.—The prohibition specified in subsection (a)
does not apply with respect to any item or service provided to
cadets for which a charge or fee is imposed as of October 5, 1994.
The Secretary of Defense shall notify Congress of any change made
by the Academy in the amount of a charge or fee authorized under
this subsection.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item added by section 544(a)(2)
the following new item:
‘‘4360. Cadets: charges and fees for attendance; limitation.’’.
(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 603 of title
10, United States Code, as amended by 544(b)(1), is further
amended by adding at the end the following new section:
‘‘§ 6979. Midshipmen: charges and fees for attendance; limita-
tion
‘‘(a) PROHIBITION.—Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at the
Naval Academy may be imposed unless the charge or fee is specifi-
cally authorized by a law enacted after October 5, 1994.
‘‘(b) EXCEPTION.—The prohibition specified in subsection (a)
does not apply with respect to any item or service provided to
midshipmen for which a charge or fee is imposed as of October
5, 1994. The Secretary of Defense shall notify Congress of any
change made by the Naval Academy in the amount of a charge
or fee authorized under this subsection.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item added by section 544(b)(2)
the following new item:
‘‘6979. Midshipmen: charges and fees for attendance; limitation.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—(1) Chapter 903 title
10, United States Code, as amended by 544(c)(1), is further amended
by adding at the end the following new section:
‘‘§ 9360. Cadets: charges and fees for attendance; limitation
‘‘(a) PROHIBITION.—Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at the
Academy may be imposed unless the charge or fee is specifically
authorized by a law enacted after October 5, 1994.
‘‘(b) EXCEPTION.—The prohibition specified in subsection (a)
does not apply with respect to any item or service provided to
cadets for which a charge or fee is imposed as of October 5, 1994.
The Secretary of Defense shall notify Congress of any change made
Notification.
Notification.
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118 STAT. 1909
PUBLIC LAW 108–375—OCT. 28, 2004
by the Academy in the amount of a charge or fee authorized under
this subsection.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item added by section 544(c)(2)
the following new item:
‘‘9360. Cadets: charges and fees for attendance; limitation.’’.
(d) UNITED STATES COAST GUARD ACADEMY.—(1) Chapter 9
of title 14, United States Code, is amended by adding at the end
the following new section:
‘‘§ 197. Cadets: charges and fees for attendance; limitation
‘‘(a) PROHIBITION.—Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at the
Academy may be imposed unless the charge or fee is specifically
authorized by a law enacted after October 5, 1994.
‘‘(b) EXCEPTION.—The prohibition specified in subsection (a)
does not apply with respect to any item or service provided to
cadets for which a charge or fee is imposed as of October 5, 1994.
The Secretary of Homeland Security shall notify Congress of any
change made by the Academy in the amount of a charge or fee
authorized under this subsection.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘197. Cadets: charges and fees for attendance; limitation.’’.
(e) UNITED STATES MERCHANT MARINE ACADEMY.—Section 1303
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1295b), is
amended by adding at the end the following new subsection:
‘‘(j) LIMITATION ON CHARGES AND FEES FOR ATTENDANCE.—
‘‘(1) Except as provided in paragraph (2), no charge or
fee for tuition, room, or board for attendance at the Academy
may be imposed unless the charge or fee is specifically author-
ized by a law enacted after October 5, 1994.
‘‘(2) The prohibition specified in paragraph (1) does not
apply with respect to any item or service provided to cadets
for which a charge or fee is imposed as of October 5, 1994.
The Secretary of Transportation shall notify Congress of any
change made by the Academy in the amount of a charge or
fee authorized under this paragraph.’’.
(f) REPEAL
OF
CODIFIED
PROVISION.—Section 553 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103–337; 10 U.S.C. 4331 note) is repealed.
Subtitle F—Other Education and Training
Matters
SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PROGRAM.
(a) CODIFICATION
AND EXTENSION
OF ARMY PROGRAM.—(1)
Chapter 31 of title 10, United States Code, is amended by inserting
after section 510 the following new section:
‘‘§ 511. College First Program
‘‘(a) PROGRAM AUTHORITY.—The Secretary of each military
department may establish a program to increase the number of,
and the level of the qualifications of, persons entering the armed
Notification.
Notification.
Notification.
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forces as enlisted members by encouraging recruits to pursue higher
education or vocational or technical training before entry into active
service.
‘‘(b) DELAYED ENTRY WITH ALLOWANCE
FOR HIGHER EDU-
CATION.—The Secretary concerned may—
‘‘(1) exercise the authority under section 513 of this title—
‘‘(A) to accept the enlistment of a person as a Reserve
for service in the Selected Reserve or Individual Ready
Reserve of a reserve component, notwithstanding the scope
of the authority under subsection (a) of that section, in
the case of the Army National Guard of the United States
or Air National Guard of the United States; and
‘‘(B) to authorize, notwithstanding the period limitation
in subsection (b) of that section, a delay of the enlistment
of any such person in a regular component under that
subsection for the period during which the person is
enrolled in, and pursuing a program of education at, an
institution of higher education, or a program of vocational
or technical training, on a full-time basis that is to be
completed within the maximum period of delay determined
for that person under subsection (c); and
‘‘(2) subject to paragraph (2) of subsection (d) and except
as provided in paragraph (3) of that subsection, pay an allow-
ance to a person accepted for enlistment under paragraph (1)(A)
for each month of the period during which that person is
enrolled in and pursuing a program described in paragraph
(1)(B).
‘‘(c) MAXIMUM PERIOD OF DELAY.—The period of delay author-
ized a person under paragraph (1)(B) of subsection (b) may not
exceed the 30-month period beginning on the date of the person’s
enlistment accepted under paragraph (1)(A) of such subsection.
‘‘(d) ALLOWANCE.—(1) The monthly allowance paid under sub-
section (b)(2) shall be equal to the amount of the subsistence allow-
ance provided for certain members of the Senior Reserve Officers’
Training Corps with the corresponding number of years of participa-
tion under section 209(a) of title 37. The Secretary concerned may
supplement that stipend by an amount not to exceed $225 per
month.
‘‘(2) An allowance may not be paid to a person under this
section for more than 24 months.
‘‘(3) A member of the Selected Reserve of a reserve component
may be paid an allowance under this section only for months
during which the member performs satisfactorily as a member
of a unit of the reserve component that trains as prescribed in
section 10147(a)(1) of this title or section 502(a) of title 32. Satisfac-
tory performance shall be determined under regulations prescribed
by the Secretary concerned.
‘‘(4) An allowance under this section is in addition to any
other pay or allowance to which a member of a reserve component
is entitled by reason of participation in the Ready Reserve of that
component.
‘‘(e) RECOUPMENT
OF ALLOWANCE.—(1) A person who, after
receiving an allowance under this section, fails to complete the
total period of service required of that person in connection with
delayed entry authorized for the person under section 513 shall
repay the United States the amount which bears the same ratio
to the total amount of that allowance paid to the person as the
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unserved part of the total required period of service bears to the
total period.
‘‘(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
‘‘(3) A discharge of a person in bankruptcy under title 11
that is entered less than five years after the date on which the
person was, or was to be, enlisted in the regular Army pursuant
to the delayed entry authority under section 513 does not discharge
that person from a debt arising under paragraph (1).
‘‘(4) The Secretary concerned may waive, in whole or in part,
a debt arising under paragraph (1) in any case for which the
Secretary determines that recovery would be against equity and
good conscience or would be contrary to the best interests of the
United States.
‘‘(f) SPECIAL PAY AND BONUSES.—Upon enlisting in the regular
component of the member’s armed force, a person who initially
enlisted as a Reserve under this section may, at the discretion
of the Secretary concerned, be eligible for all regular special pays,
bonuses, education benefits, and loan repayment programs.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 510
the following new item:
‘‘511. College First Program.’’.
(b) CONTINUATION FOR ARMY OF PRIOR ARMY COLLEGE FIRST
PROGRAM.—The Secretary of the Army shall treat the program
under section 511 of title 10, United States Code, as added by
subsection (a), as a continuation of the program under section
573 of the National Defense Authorization Act for Fiscal Year
2000 (10 U.S.C. 513 note), and for such purpose the Secretary
may treat such section 511 as having been enacted on October
1, 2004.
SEC. 
552. 
SENIOR 
RESERVE 
OFFICERS’ 
TRAINING 
CORPS 
AND
RECRUITER ACCESS AT INSTITUTIONS OF HIGHER EDU-
CATION.
(a) EQUAL TREATMENT OF MILITARY RECRUITERS WITH OTHER
RECRUITERS.—Subsection (b)(1) of section 983 of title 10, United
States Code, is amended—
(1) by striking ‘‘entry to campuses’’ and inserting ‘‘access
to campuses’’; and
(2) by inserting before the semicolon at the end the fol-
lowing: ‘‘in a manner that is at least equal in quality and
scope to the access to campuses and to students that is provided
to any other employer’’.
(b) PROHIBITION OF FUNDING FOR POST-SECONDARY SCHOOLS
THAT PREVENT ROTC ACCESS OR MILITARY RECRUITING.—(1) Sub-
section (d) of such section is amended—
(A) in paragraph (1)—
(i) by striking ‘‘limitation established in subsection (a)
applies’’ and inserting ‘‘limitations established in sub-
sections (a) and (b) apply’’;
(ii) in subparagraph (B), by inserting ‘‘for any depart-
ment or agency for which regular appropriations are made’’
after ‘‘made available’’; and
(iii) by adding at the end the following new subpara-
graphs:
10 USC 511 note.
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‘‘(C) Any funds made available for the Department of Home-
land Security.
‘‘(D) Any funds made available for the National Nuclear
Security Administration of the Department of Energy.
‘‘(E) Any funds made available for the Department of
Transportation.
‘‘(F) Any funds made available for the Central Intelligence
Agency.’’; and
(B) by striking paragraph (2).
(2)(A) Subsection (b) of such section is amended by striking
‘‘subsection (d)(2)’’ and inserting ‘‘subsection (d)(1)’’.
(B) Subsection (e) of such section is amended by inserting
‘‘, to the head of each other department and agency the funds
of which are subject to the determination,’’ after ‘‘Secretary of
Education’’.
(c) CODIFICATION AND EXTENSION OF EXCLUSION OF AMOUNTS
TO COVER INDIVIDUAL PAYMENTS.—Subsection (d) of such section,
as amended by subsection (b)(1), is further amended—
(1) by striking ‘‘The’’ after ‘‘(1)’’ and inserting ‘‘Except as
provided in paragraph (2), the’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Any Federal funding specified in paragraph (1) that is
provided to an institution of higher education, or to an individual,
to be available solely for student financial assistance, related
administrative costs, or costs associated with attendance, may be
used for the purpose for which the funding is provided.’’.
(d) CONFORMING AMENDMENTS.—Subsections (a) and (b) of such
section are amended by striking ‘‘(including a grant of funds to
be available for student aid)’’.
(e) CONFORMING REPEAL OF CODIFIED PROVISION.—Section 8120
of the Department of Defense Appropriations Act, 2000 (Public
Law 106–79; 10 U.S.C. 983 note), is repealed.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to funds appropriated for fiscal year 2005
and thereafter.
SEC. 553. TUITION ASSISTANCE FOR OFFICERS.
(a) AUTHORITY TO REDUCE OR WAIVE ACTIVE DUTY SERVICE
OBLIGATION.—Subsection (b) of section 2007 of title 10, United
States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by inserting ‘‘or full-time National Guard duty’’ after
‘‘active duty’’ each place it appears; and
(2) by adding at the end the following new paragraph:
‘‘(2) Notwithstanding paragraph (1), the Secretary of the mili-
tary department may reduce or waive the active duty service
obligation—
‘‘(A) in the case of a commissioned officer who is subject
to mandatory separation;
‘‘(B) in the case of a commissioned officer who has com-
pleted the period of active duty service in support of a contin-
gency operation; or
‘‘(C) in other exigent circumstances as determined by the
Secretary.’’.
(b) INCREASE IN TUITION ASSISTANCE AUTHORIZED FOR ARMY
OFFICERS
IN
THE SELECTED RESERVE.—Paragraph (1) of section
10 USC 983 note.
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2007(c) of title 10, United States Code, is amended to read as
follows:
‘‘(1) Subject to paragraphs (2) and (3), the Secretary of the
Army may pay the charges of an educational institution for the
tuition or expenses of an officer in the Selected Reserve of the
Army National Guard or the Army Reserve for education or training
of such officer.’’.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
may, at the discretion of the Secretary concerned, be applied to
a service obligation incurred by an officer serving on active duty
as of the date of the enactment of this Act.
SEC. 554. INCREASED MAXIMUM PERIOD FOR LEAVE OF ABSENCE FOR
PURSUIT OF A PROGRAM OF EDUCATION IN A HEALTH
CARE PROFESSION.
Section 708(a) of title 10, United States Code, is amended—
(1) by striking ‘‘for a period not to exceed two years’’;
and
(2) by adding at the end the following: ‘‘The period of
a leave of absence granted under this section may not exceed
two years, except that the period may exceed two years but
may not exceed three years in the case of an eligible member
pursuing a program of education in a health care profession.’’.
SEC. 555. ELIGIBILITY OF CADETS AND MIDSHIPMEN FOR MEDICAL
AND DENTAL CARE AND DISABILITY BENEFITS.
(a) MEDICAL AND DENTAL CARE.—(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1074a
the following new section:
‘‘§ 1074b. Medical and dental care: Academy cadets and mid-
shipmen; members of, and designated applicants
for membership in, Senior ROTC
‘‘(a) ELIGIBILITY.—Under joint regulations prescribed by the
administering Secretaries, the following persons are, except as pro-
vided in subsection (c), entitled to the benefits described in sub-
section (b):
‘‘(1) A cadet at the United States Military Academy, the
United States Air Force Academy, or the Coast Guard Academy,
and a midshipman at the United States Naval Academy, who
incurs or aggravates an injury, illness, or disease in the line
of duty.
‘‘(2) A member of, and a designated applicant for member-
ship in, the Senior Reserve Officers’ Training Corps who incurs
or aggravates an injury, illness, or disease—
‘‘(A) in the line of duty while performing duties under
section 2109 of this title;
‘‘(B) while traveling directly to or from the place at
which that member or applicant is to perform or has per-
formed duties pursuant to section 2109 of this title; or
‘‘(C) in the line of duty while remaining overnight
immediately before the commencement of duties performed
pursuant to section 2109 of this title or, while remaining
overnight, between successive periods of performing duties
pursuant to section 2109 of this title, at or in the vicinity
of the site of the duties performed pursuant to section
10 USC 2007
note.
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2109 of this title, if the site is outside reasonable com-
muting distance from the residence of the member or des-
ignated applicant.
‘‘(b) BENEFITS.—A person eligible for benefits under subsection
(a) for an injury, illness, or disease is entitled to—
‘‘(1) the medical and dental care under this chapter that
is appropriate for the treatment of the injury, illness, or disease
until the injury, illness, disease, or any resulting disability
cannot be materially improved by further hospitalization or
treatment; and
‘‘(2) meals during hospitalization.
‘‘(c) EXCEPTION FOR GROSS NEGLIGENCE OR MISCONDUCT.—A
person is not entitled to benefits under subsection (b) for an injury,
illness, or disease, or the aggravation of an injury, illness, or disease
that is a result of the gross negligence or the misconduct of that
person.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1074a
the following new item:
‘‘1074b. Medical and dental care: Academy cadets and midshipmen; members of,
and designated applicants for membership in, Senior ROTC.’’.
(b) ELIGIBILITY
OF ACADEMY CADETS
AND MIDSHIPMEN
FOR
DISABILITY RETIRED PAY.—(1) Section 1217 of title 10, United States
Code, is amended to read as follows:
‘‘§ 1217. Academy cadets and midshipmen: applicability of
chapter
‘‘(a) This chapter applies to cadets at the United States Military
Academy, the United States Air Force Academy, and the United
States Coast Guard Academy and midshipmen of the United States
Naval Academy, but only with respect to physical disabilities
incurred after the date of the enactment of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005.
‘‘(b) Monthly cadet pay and monthly midshipman pay under
section 203(c) of title 37 shall be considered to be basic pay for
purposes of this chapter and the computation of retired pay and
severance and separation pay to which entitlement is established
under this chapter.’’.
(2) The item related to section 1217 in the table of sections
at the beginning of chapter 61 of such title is amended to read
as follows:
‘‘1217. Academy cadets and midshipmen: applicability of chapter.’’.
SEC. 556. TRANSFER OF AUTHORITY TO CONFER DEGREES UPON
GRADUATES OF THE COMMUNITY COLLEGE OF THE AIR
FORCE.
(a) TRANSFER TO COMMANDER OF AIR UNIVERSITY.—Subsection
(a) of section 9317 of title 10, United States Code, is amended—
(1) by striking ‘‘may confer—’’ and inserting ‘‘may confer
academic degrees as follows:’’;
(2) by striking ‘‘the’’ in paragraphs (1), (2), and (3) after
the paragraph designation and inserting ‘‘The’’;
(3) by striking the semicolon at the end of paragraph (1)
and inserting a period;
(4) by striking ‘‘; and’’ at the end of paragraph (2) and
inserting a period; and
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(5) by adding at the end the following new paragraph:
‘‘(4) An academic degree at the level of associate upon
graduates of the Community College of the Air Force who
fulfill the requirements for that degree.’’.
(b) CONFORMING AMENDMENT.—Subsection (c) of section 9315
of such title is amended to read as follows:
‘‘(c) ASSOCIATE DEGREES.—(1) Subject to paragraph (2), an aca-
demic degree at the level of associate may be conferred under
section 9317 of this title upon any enlisted member who has com-
pleted a program prescribed by the Community College of the
Air Force.
‘‘(2) No degree may be conferred upon any enlisted member
under this section unless the Secretary of Education determines
that the standards for the award of academic degrees in agencies
of the United States have been met.’’.
(c) CLERICAL AMENDMENTS.—(1) The heading of section 9317
of such title is amended to read as follows:
‘‘§ 9317. Air University: conferral of degrees’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 901 of such title is amended to read
as follows:
‘‘9317. Air University: conferral of degrees.’’.
SEC. 557. CHANGE IN TITLES OF LEADERSHIP POSITIONS AT THE
NAVAL POSTGRADUATE SCHOOL.
(a) DESIGNATION OF PRESIDENT.—(1) The position of Super-
intendent of the Naval Postgraduate School is redesignated as
President of the Naval Postgraduate School.
(2) Any reference to the Superintendent of the Naval Post-
graduate School in any law, rule, regulation, document, record,
or other paper of the United States shall be deemed to be a reference
to the President of the Naval Postgraduate School.
(3)(A) Section 7042 of title 10, United States Code, is amended
by striking ‘‘Superintendent’’ each place it appears in the text
and inserting ‘‘President’’.
(B) The heading of such section is amended to read as follows:
‘‘§ 7042. President; assistants’’.
(4)(A) Section 7044 of such title is amended by striking ‘‘Super-
intendent’’ and inserting ‘‘President of the school’’.
(B) Sections 7048(a) and 7049(e) of such title are amended
by striking ‘‘Superintendent’’ and inserting ‘‘President’’.
(b) DESIGNATION OF PROVOST AND ACADEMIC DEAN.—(1) The
position of Academic Dean of the Naval Postgraduate School is
redesignated as Provost and Academic Dean of the Naval Post-
graduate School.
(2) Any reference to the Academic Dean of the Naval Post-
graduate School in any law, rule, regulation, document, record,
or other paper of the United States shall be deemed to be a reference
to the Provost and Academic Dean of the Naval Postgraduate
School.
(3)(A) Subsection (a) of section 7043 of title 10, United States
Code, is amended to read as follows:
‘‘(a) There is at the Naval Postgraduate School the civilian
position of Provost and Academic Dean. The Provost and Academic
Dean shall be appointed, to serve for periods of not more than
10 USC 7042
note; 37 USC
414.
10 USC 7042
note.
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five years, by the Secretary of the Navy. Before making an appoint-
ment to the position of Provost and Academic Dean, the Secretary
shall consult with the Board of Advisors for the Naval Postgraduate
School and shall consider any recommendation of the leadership
and faculty of the Naval Postgraduate School regarding an appoint-
ment to that position.’’.
(B) The heading of such section is amended to read as follows:
‘‘§ 7043. Provost and Academic Dean’’.
(4) Sections 7043(b) and 7081(a) of title 10, United States
Code, are amended by striking ‘‘Academic Dean’’ and inserting
‘‘Provost and Academic Dean’’.
(5)(A) Section 5102(c)(10) of title 5, United States Code, is
amended by striking ‘‘Academic Dean of the Postgraduate School
of the Naval Academy’’ and inserting ‘‘Provost and Academic Dean
of the Naval Postgraduate School’’.
(B) Subsection (b) of such section is amended by striking ‘‘Aca-
demic Dean’’ and inserting ‘‘Provost and Academic Dean’’.
(c) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of chapter 605 of such title 10, United States Code, is amended
by striking the items related to sections 7042 and 7043 and inserting
the following new items:
‘‘7042. President; assistants.
‘‘7043. Provost and Academic Dean.’’.
Subtitle 
G—Assistance 
to 
Local 
Edu-
cational Agencies for Defense Depend-
ents Education
SEC. 558. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF
OF 
DEPENDENTS 
OF 
CERTAIN 
MEMBERS 
DESPITE
CHANGE IN STATUS OF MEMBER.
(a) SPECIAL RULE.—For purposes of computing the amount
of a payment for an eligible local educational agency under sub-
section (a) of section 8003 of the Elementary and Secondary Edu-
cation Act (20 U.S.C. 7703) for school year 2004–2005, the Secretary
of Education shall continue to count as a child enrolled in a school
of such agency under such subsection any child who—
(1) would be counted under paragraph (1)(B) of such sub-
section to determine the number of children who were in aver-
age daily attendance in the school; but
(2) due to the deployment of both parents or legal guardians
of the child, the deployment of a parent or legal guardian
having sole custody of the child, or the death of a military
parent or legal guardian while on active duty (so long as the
child resides on Federal property (as defined in section 8013(5)
of such Act (20 U.S.C. 7713(5))), is not eligible to be so counted.
(b) TERMINATION.—The special rule provided under subsection
(a) applies only so long as the children covered by such subsection
remain in average daily attendance at a school in the same local
educational agency they attended before their change in eligibility
status.
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SEC. 559. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BEN-
EFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR
FISCAL YEAR 2005.—Of the amount authorized to be appropriated
pursuant to section 301(5) for operation and maintenance for
Defense-wide activities, $30,000,000 shall be available only for the
purpose of providing educational agencies assistance to local edu-
cational agencies.
(b) NOTIFICATION.—Not later than June 30, 2005, the Secretary
of Defense shall notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 2005 of—
(1) that agency’s eligibility for the assistance; and
(2) the amount of the assistance for which that agency
is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall
disburse funds made available under subsection (a) not later than
30 days after the date on which notification to the eligible local
educational agencies is provided pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’ means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 20 U.S.C. 7703 note).
(2) The term ‘‘local educational agency’’ has the meaning
given that term in section 8013(9) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ‘‘basic support payment’’ means a payment
authorized under section 8003(b)(1) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).
SEC. 560. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(5) for operation and maintenance for Defense-wide activi-
ties, $5,000,000 shall be available for payments under section 363
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–77; 20 U.S.C. 7703a).
Subtitle H—Medals and Decorations and
Special Promotions and Appointments
SEC. 561. AWARD OF MEDAL OF HONOR TO INDIVIDUAL INTERRED
IN THE TOMB OF THE UNKNOWNS AS REPRESENTATIVE
OF CASUALTIES OF A WAR.
(a) AWARD TO INDIVIDUAL AS REPRESENTATIVE.—Chapter 57
of title 10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 1134. Medal of honor: award to individual interred in
Tomb of the Unknowns as representative of cas-
ualties of a war
‘‘The medal of honor awarded posthumously to a deceased
member of the armed forces who, as an unidentified casualty of
a particular war or other armed conflict, is interred in the Tomb
of the Unknowns at Arlington National Cemetery, Virginia, is
Deadline.
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awarded to the member as the representative of the members
of the armed forces who died in such war or other armed conflict
and whose remains have not been identified, and not to the indi-
vidual personally.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘1134. Medal of honor: award to individual interred in Tomb of the Unknowns as
representative of casualties of a war.’’.
SEC. 562. PLAN FOR REVISED CRITERIA AND ELIGIBILITY REQUIRE-
MENTS FOR AWARD OF COMBAT INFANTRYMAN BADGE
AND COMBAT MEDICAL BADGE FOR SERVICE IN KOREA
AFTER JULY 28, 1953.
(a) REQUIREMENT
FOR PLAN.—Not later than 90 days after
the date of the enactment of this Act, the Secretary of the Army
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a plan for revising the Army’s
criteria and eligibility requirements for award of the Combat
Infantryman Badge and the Combat Medical Badge for service
in the Republic of Korea after July 28, 1953, to fulfill the purpose
stated in subsection (b).
(b) PURPOSE OF REVISED CRITERIA AND ELIGIBILITY REQUIRE-
MENTS.—The purpose for revising the criteria and eligibility require-
ments for award of the Combat Infantryman Badge and the Combat
Medical Badge for service in the Republic of Korea after July
28, 1953, is to ensure fairness in the standards applied to Army
personnel in the awarding of such badges for Army service in
the Republic of Korea in comparison to the standards applied to
Army personnel in the awarding of such badges for Army service
in other areas of operations.
SEC. 563. AUTHORITY TO APPOINT BRIGADIER GENERAL CHARLES
E. YEAGER, UNITED STATES AIR FORCE (RETIRED), TO
THE GRADE OF MAJOR GENERAL ON THE RETIRED LIST.
The President is authorized to appoint, by and with the advice
and consent of the Senate, Brigadier General Charles E. Yeager,
United States Air Force (retired), to the grade of major general
on the retired list of the Air Force. Any such appointment shall
not affect the retired pay or other benefits of Charles E. Yeager
or any benefits to which any other person is or may become entitled
based upon his service.
SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCHELL IN THE
GRADE OF MAJOR GENERAL IN THE ARMY.
(a) AUTHORITY.—The President, by and with the advice and
consent of the Senate, may issue posthumously a commission as
major general, United States Army, in the name of the late William
Mitchell, formerly a colonel, United States Army, who resigned
his commission on February 1, 1926.
(b) DATE OF COMMISSION.—A commission issued under sub-
section (a) shall issue as of the date of the death of William
Mitchell on February 19, 1936.
(c) PROHIBITION OF BENEFITS.—No person is entitled to receive
any bonus, gratuity, pay, allowance, or other financial benefit by
reason of the enactment of this section.
President.
President.
Deadline.
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Subtitle I—Military Voting
SEC. 566. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE MILITARY
VOTERS LOCATED IN THE UNITED STATES.
(a) DUTIES OF PRESIDENTIAL DESIGNEE.—Section 101(b)(3) of
the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff(b)(3)) is amended by striking ‘‘overseas voters’’ and
inserting ‘‘absent uniformed services voters and overseas voters’’.
(b) STATE RESPONSIBILITIES.—Section 102(a)(3) of such Act (42
U.S.C. 1973ff–1(a)(3)) is amended by striking ‘‘overseas voters’’ and
inserting ‘‘absent uniformed services voters and overseas voters’’.
(c) FEDERAL WRITE-IN ABSENTEE BALLOT.—Section 103 of such
Act (42 U.S.C. 1973ff–2) is amended—
(1) in subsection (a), by striking ‘‘overseas voters’’ and
inserting ‘‘absent uniformed services voters and overseas
voters’’;
(2) in subsection (b), by striking the second sentence and
inserting the following new sentence: ‘‘A Federal write-in
absentee ballot of an absent uniformed services voter or over-
seas voter shall not be counted—
‘‘(1) in the case of a ballot submitted by an overseas voter
who is not an absent uniformed services voter, if the ballot
is submitted from any location in the United States;
‘‘(2) if the application of the absent uniformed services
voter or overseas voter for a State absentee ballot is received
by the appropriate State election official after the later of—
‘‘(A) the deadline of the State for receipt of such
application; or
‘‘(B) the date that is 30 days before the general election;
or
‘‘(3) if a State absentee ballot of the absent uniformed
services voter or overseas voter is received by the appropriate
State election official not later than the deadline for receipt
of the State absentee ballot under State law.’’;
(3) in subsection (c)(1), by striking ‘‘overseas voter’’ and
inserting ‘‘absent uniformed services voter or overseas voter’’;
(4) in subsection (d), by striking ‘‘overseas voter’’ both places
it appears and inserting ‘‘absent uniformed services voter or
overseas voter’’; and
(5) in subsection (e)(2), by striking ‘‘overseas voters’’ and
inserting ‘‘absent uniformed services voters and overseas
voters’’.
(d) CONFORMING AMENDMENTS.—(1) The heading of section 103
of such Act is amended to read as follows:
‘‘SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GENERAL ELEC-
TIONS FOR FEDERAL OFFICE FOR ABSENT UNIFORMED
SERVICES VOTERS AND OVERSEAS VOTERS.’’.
(2) The subsection caption for subsection (d) of such section
is amended by striking ‘‘OVERSEAS VOTER’’ and inserting ‘‘ABSENT
UNIFORMED SERVICES VOTER OR OVERSEAS VOTER’’.
SEC. 567. REPEAL OF REQUIREMENT TO CONDUCT ELECTRONIC
VOTING DEMONSTRATION PROJECT FOR THE FEDERAL
ELECTION TO BE HELD IN NOVEMBER 2004.
The first sentence of section 1604(a)(2) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115
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Stat. 1277; 42 U.S.C. 1977ff note) is amended by striking ‘‘until
the regularly scheduled general election for Federal office for
November 2004’’ and inserting the following: ‘‘until the first regu-
larly scheduled general election for Federal office which occurs
after the Election Assistance Commission notifies the Secretary
that the Commission has established electronic absentee voting
guidelines and certifies that it will assist the Secretary in carrying
out the project’’.
SEC. 568. REPORTS ON OPERATION OF FEDERAL VOTING ASSISTANCE
PROGRAM AND MILITARY POSTAL SYSTEM.
(a) REPORTS ON PROGRAM AND SYSTEM.—(1) Not later than
60 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to Congress a report on the actions that
the Secretary has taken to ensure that the Federal Voting Assist-
ance Program carried out under the Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff et seq.) functions effec-
tively to support absentee voting by members of the Armed Forces
deployed outside the United States in support of Operation Iraqi
Freedom, Operation Enduring Freedom, and all other contingency
operations.
(2) Not later than 60 days after the date of the submission
of the report required by paragraph (1), the Secretary of Defense
shall submit to Congress a report on the actions that the Secretary
has taken to ensure that the military postal system functions effec-
tively to support the morale of members referred to in such para-
graph and their ability to vote by absentee ballot.
(b) REPORT ON IMPLEMENTATION OF POSTAL SYSTEM IMPROVE-
MENTS.—Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress
a report specifying—
(1) the actions taken to implement the recommendations
of the Military Postal Service Agency Task Force, dated 28
August 2000; and
(2) in the case of each recommendation not implemented
or not fully implemented as of the date of the submission
of the report, the reasons for not implementing or not fully
implementing the recommendation, as the case may be.
Subtitle J—Military Justice Matters
SEC. 571. REVIEW ON HOW SEXUAL OFFENSES ARE COVERED BY UNI-
FORM CODE OF MILITARY JUSTICE.
(a) REVIEW REQUIRED.—The Secretary of Defense shall review
the Uniform Code of Military Justice and the Manual for Courts-
Martial with the objective of determining what changes are required
to improve the ability of the military justice system to address
issues relating to sexual assault and to conform the Uniform Code
of Military Justice and the Manual for Courts-Martial more closely
to other Federal laws and regulations that address such issues.
(b) REPORT.—Not later than March 1, 2005, the Secretary shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
a report on the review carried out under subsection (a). The report
shall include the recommendations of the Secretary for revisions
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to the Uniform Code of Military Justice and, for each such revision,
the rationale behind that revision.
SEC. 572. WAIVER OF RECOUPMENT OF TIME LOST FOR CONFINEMENT
IN CONNECTION WITH A TRIAL.
Section 972 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(c) WAIVER
OF RECOUPMENT
OF TIME LOST
FOR CONFINE-
MENT.—The Secretary concerned shall waive liability for a period
of confinement in connection with a trial under subsection (a)(3),
or exclusion of a period of confinement in connection with a trial
under subsection (b)(3), in a case upon the occurrence of any of
the following events:
‘‘(1) For each charge—
‘‘(A) the charge is dismissed before or during trial
in a final disposition of the charge; or
‘‘(B) the trial results in an acquittal of the charge.
‘‘(2) For each charge resulting in a conviction in such trial—
‘‘(A) the conviction is set aside in a final disposition
of such charge, other than in a grant of clemency; or
‘‘(B) a judgment of acquittal or a dismissal is entered
upon a reversal of the conviction on appeal.’’.
SEC. 573. PROCESSING OF FORENSIC EVIDENCE COLLECTION KITS
AND ACQUISITION OF SUFFICIENT STOCKS OF SUCH
KITS.
(a) ELIMINATION OF BACKLOG, ETC.—The Secretary of Defense
shall take such steps as may be necessary to ensure that—
(1) the United States Army Criminal Investigation Labora-
tory has the personnel and resources to effectively process
forensic evidence used by the Department of Defense within
60 days of receipt by the laboratory of such evidence;
(2) consistent policies are established among the Armed
Forces to reduce the time period between the collection of
forensic evidence and the receipt and processing of such evi-
dence by United States Army Criminal Investigation Labora-
tory; and
(3) there is an adequate supply of forensic evidence collec-
tion kits—
(A) for all United States military installations,
including the military service academies; and
(B) for units of the Armed Forces deployed in theaters
of operation.
(b) TRAINING.—The Secretary shall take such measures as the
Secretary considers appropriate to ensure that personnel are appro-
priately trained—
(1) in the use of forensic evidence collection kits; and
(2) in the prescribed procedures to ensure protection of
the chain of custody of such kits once used.
SEC. 574. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.
(a) DEPARTMENT OF THE ARMY.—Section 3037 of title 10, United
States Code, is amended—
(1) in subsection (a), by striking the second and third
sentences and inserting ‘‘The term of office of the Judge Advo-
cate General and the Assistant Judge Advocate General is
four years.’’; and
(2) by adding at the end the following new subsection:
10 USC 113 note.
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‘‘(e) No officer or employee of the Department of Defense may
interfere with—
‘‘(1) the ability of the Judge Advocate General to give
independent legal advice to the Secretary of the Army or the
Chief of Staff of the Army; or
‘‘(2) the ability of judge advocates of the Army assigned
or attached to, or performing duty with, military units to give
independent legal advice to commanders.’’.
(b) DEPARTMENT OF THE NAVY.—(1) Section 5148 of such title
is amended by adding at the end the following new subsection:
‘‘(e) No officer or employee of the Department of Defense may
interfere with—
‘‘(1) the ability of the Judge Advocate General to give
independent legal advice to the Secretary of the Navy or the
Chief of Naval Operations; or
‘‘(2) the ability of judge advocates of the Navy assigned
or attached to, or performing duty with, military units to give
independent legal advice to commanders.’’.
(2) Section 5046 of such title is amended by adding at the
end the following new subsection:
‘‘(c) No officer or employee of the Department of Defense may
interfere with—
‘‘(1) the ability of the Staff Judge Advocate to the Com-
mandant of the Marine Corps to give independent legal advice
to the Commandant of the Marine Corps; or
‘‘(2) the ability of judge advocates of the Marine Corps
assigned or attached to, or performing duty with, military units
to give independent legal advice to commanders.’’.
(c) DEPARTMENT OF THE AIR FORCE.—Section 8037 of title 10,
United States Code, is amended—
(1) in subsection (a), by striking ‘‘, but may be’’ in the
second sentence and all that follows in that sentence through
‘‘President’’;
(2) in subsection (c)—
(A) by striking ‘‘shall’’ in the matter preceding para-
graph (1);
(B) by striking paragraph (2);
(C) by redesignating paragraph (1) as paragraph (3)
and in that paragraph—
(i) inserting ‘‘shall’’ before ‘‘receive,’’; and
(ii) by striking ‘‘; and’’ at the end and inserting
a period; and
(D) by inserting before paragraph (3), as so redesig-
nated, the following new paragraphs:
‘‘(1) is the legal adviser of the Secretary of the Air Force
and of all officers and agencies of the Department of the Air
Force;
‘‘(2) shall direct the officers of the Air Force designated
as judge advocates in the performance of their duties; and’’;
(3) in subsection (d)(1), by striking ‘‘, but may be’’ in the
second sentence and all that follows in that sentence through
‘‘President’’; and
(4) by adding at the end the following new subsection:
‘‘(f) No officer or employee of the Department of Defense may
interfere with—
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‘‘(1) the ability of the Judge Advocate General to give
independent legal advice to the Secretary of the Air Force
or the Chief of Staff of the Air Force; or
‘‘(2) the ability of officers of the Air Force who are des-
ignated as judge advocates who are assigned or attached to,
or performing duty with, military units to give independent
legal advice to commanders.’’.
(d) INDEPENDENT REVIEW.—(1) The Secretary of Defense shall
establish an independent panel of outside experts to conduct a
study and review of the relationships between the legal elements
of each of the military departments and to prepare a report setting
forth the panel’s recommendations as to statutory, regulatory, and
policy changes that the panel considers to be desirable to improve
the effectiveness of those relationships and to enhance the legal
support provided to the leadership of each military department
and each of the Armed Forces.
(2) The panel shall be composed of seven members, appointed
by the Secretary of Defense from among private United States
citizens who have substantial expertise in military law and the
organization and functioning of the military departments. No more
than one member of the panel may have served as the Judge
Advocate General of an Armed Force, and no more than one member
of the panel may have served as the General Counsel of a military
department.
(3) The Secretary of Defense shall designate the chairman
of the panel from among the members of the panel other than
a member who has served as a Judge Advocate General or as
a military department General Counsel.
(4) Members shall be appointed for the life of the panel. Any
vacancy in the panel shall be filled in the same manner as the
original appointment.
(5) The panel shall meet at the call of the chairman.
(6) All original appointments to the panel shall be made by
January 15, 2005. The chairman shall convene the first meeting
of the panel not later than February 1, 2005.
(7) In carrying out the study and review required by paragraph
(1), the panel shall—
(A) review the history of relationships between the uni-
formed and civilian legal elements of each of the Armed Forces;
(B) analyze the division of duties and responsibilities
between those elements in each of the Armed Forces;
(C) review the situation with respect to civilian attorneys
outside the offices of the service general counsels and their
relationships to the Judge Advocates General and the General
Counsels;
(D) consider whether the ability of judge advocates to give
independent, professional legal advice to their service staffs
and to commanders at all levels in the field is adequately
provided for by policy and law; and
(E) consider whether the Judge Advocates General and
General Counsels possess the necessary authority to exercise
professional supervision over judge advocates, civilian attor-
neys, and other legal personnel practicing under their cog-
nizance in the performance of their duties.
(8) Not later than April 15, 2005, the panel shall submit a
report on the study and review required by paragraph (1) to the
Secretary of Defense. The report shall include the findings and
Deadline.
Reports.
Establishment.
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conclusions of the panel as a result of the study and review, together
with any recommendations for legislative or administrative action
that the panel considers appropriate. The Secretary of Defense
shall transmit the report, together with any comments the Secretary
wishes to provide, to the Committees on Armed Services of the
Senate and House of Representatives not later than May 1, 2005.
(9) In this section, the term ‘‘Armed Forces’’ does not include
the Coast Guard.
Subtitle K—Sexual Assault in the Armed
Forces
SEC. 576. EXAMINATION OF SEXUAL ASSAULT IN THE ARMED FORCES
BY 
THE 
DEFENSE 
TASK 
FORCE 
ESTABLISHED 
TO
EXAMINE SEXUAL HARASSMENT AND VIOLENCE AT THE
MILITARY SERVICE ACADEMIES.
(a) EXTENSION
OF TASK FORCE.—(1) The task force in the
Department of Defense established by the Secretary of Defense
pursuant to section 526 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1466)
to examine matters relating to sexual harassment and violence
at the United States Military Academy and United States Naval
Academy shall continue in existence for a period of at least 18
months after the date as of which the task force would otherwise
be terminated pursuant to subsection (i) of that section.
(2) Upon the completion of the functions of the task force
referred to in paragraph (1) pursuant to section 526 of the National
Defense Authorization Act for Fiscal Year 2004, the name of the
task force shall be changed to the Defense Task Force on Sexual
Assault in the Military Services, and the task force shall then
carry out the functions specified in this section. The task force
shall not begin to carry out the functions specified in this section
until it has completed its functions under such section 526.
(3) Before the task force extended under this subsection begins
to carry out the functions specified in this section, the Secretary
of Defense may, consistent with the qualifications required by sec-
tion 526(f) of Public Law 108–136, change the composition of the
task force as the Secretary considers appropriate for the effective
performance of such functions, except that—
(A) any change initiated by the Secretary in the member-
ship of the task force under this paragraph may not take
effect before the task force has completed its functions under
section 526 of Public Law 108–136; and
(B) the total number of members of the task force may
not exceed 14.
(b) EXAMINATION OF MATTERS RELATING TO SEXUAL ASSAULT
IN THE ARMED FORCES.—The task force shall conduct an examina-
tion of matters relating to sexual assault in cases in which members
of the Armed Forces are either victims or commit acts of sexual
assault.
(c) RECOMMENDATIONS.—The Task Force shall include in its
report under subsection (e) recommendations of ways by which
civilian officials within the Department of Defense and leadership
within the Armed Forces may more effectively address matters
relating to sexual assault. That report shall include an assessment
of, and recommendations (including any recommendations for
10 USC 4331
note.
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PUBLIC LAW 108–375—OCT. 28, 2004
changes in law) for measures to improve, with respect to sexual
assault, the following:
(1) Victim care and advocacy programs.
(2) Effective prevention.
(3) Collaboration among military investigative organiza-
tions with responsibility or jurisdiction.
(4) Coordination and resource sharing between military
and civilian communities, including local support organizations.
(5) Reporting procedures, data collection, tracking of cases,
and use of data on sexual assault by senior military and civilian
leaders.
(6) Oversight of sexual assault programs, including develop-
ment of measures of the effectiveness of those programs in
responding to victim needs.
(7) Military justice issues.
(8) Progress in developing means to investigate and pros-
ecute assailants who are foreign nationals.
(9) Adequacy of resources supporting sexual assault preven-
tion and victim advocacy programs, particularly for deployed
units and personnel.
(10) Training of military and civilian personnel responsible
for implementation of sexual assault policies.
(11) Programs and policies, including those related to con-
fidentiality, designed to encourage victims to seek services and
report offenses.
(12) Other issues identified by the task force relating to
sexual assault.
(d) METHODOLOGY.—In carrying out its examination under sub-
section (b) and in formulating its recommendations under subsection
(c), the task force shall consider the findings and recommendations
of previous reviews and investigations of sexual assault conducted
by the Department of Defense and the Armed Forces.
(e) REPORT.—(1) Not later than one year after the initiation
of its examination under subsection (b), the task force shall submit
to the Secretary of Defense and the Secretaries of the Army, Navy,
and Air Force a report on the activities of the task force and
on the activities of the Department of Defense and the Armed
Forces to respond to sexual assault.
(2) The report shall include the following:
(A) A description of any barrier to implementation of
improvements as a result of previous efforts to address sexual
assault.
(B) Other areas of concern not previously addressed in
prior reports.
(C) The findings and conclusions of the task force.
(D) Any recommendations for changes to policy and law
that the task force considers appropriate.
(3) Within 90 days after receipt of the report under paragraph
(1), the Secretary of Defense shall submit the report, together
with the Secretary’s evaluation of the report, to the Committees
on Armed Services of the Senate and House of Representatives.
(f) TERMINATION.—The task force shall terminate 90 days after
the date on which the report of the task force is submitted to
the Committees on Armed Services of the Senate and House of
Representatives pursuant to subsection (e)(3).
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PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 577. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON
PREVENTION AND RESPONSE TO SEXUAL ASSAULTS
INVOLVING MEMBERS OF THE ARMED FORCES.
(a) COMPREHENSIVE POLICY ON PREVENTION AND RESPONSE TO
SEXUAL ASSAULTS.—(1) Not later than January 1, 2005, the Sec-
retary of Defense shall develop a comprehensive policy for the
Department of Defense on the prevention of and response to sexual
assaults involving members of the Armed Forces.
(2) The policy shall be based on the recommendations of the
Department of Defense Task Force on Care for Victims of Sexual
Assaults and on such other matters as the Secretary considers
appropriate.
(3) Before developing the comprehensive policy required by
paragraph (1), the Secretary of Defense shall develop a definition
of sexual assault. The definition so developed shall be used in
the comprehensive policy under paragraph (1) and otherwise within
the Department of Defense and Coast Guard in matters involving
members of the Armed Forces. The definition shall be uniform
for all the Armed Forces and shall be developed in consultation
with the Secretaries of the military departments and the Secretary
of Homeland Security with respect to the Coast Guard.
(b) ELEMENTS OF COMPREHENSIVE POLICY.—The comprehensive
policy developed under subsection (a) shall, at a minimum, address
the following matters:
(1) Prevention measures.
(2) Education and training on prevention and response.
(3) Investigation of complaints by command and law
enforcement personnel.
(4) Medical treatment of victims.
(5) Confidential reporting of incidents.
(6) Victim advocacy and intervention.
(7) Oversight by commanders of administrative and discipli-
nary actions in response to substantiated incidents of sexual
assault.
(8) Disposition of victims of sexual assault, including review
by appropriate authority of administrative separation actions
involving victims of sexual assault.
(9) Disposition of members of the Armed Forces accused
of sexual assault.
(10) Liaison and collaboration with civilian agencies on
the provision of services to victims of sexual assault.
(11) Uniform collection of data on the incidence of sexual
assaults and on disciplinary actions taken in substantiated
cases of sexual assault.
(c) REPORT ON IMPROVEMENT OF CAPABILITY TO RESPOND TO
SEXUAL ASSAULTS.—Not later than March 1, 2005, the Secretary
of Defense shall submit to Congress a proposal for such legislation
as the Secretary considers necessary to enhance the capability
of the Department of Defense to address matters relating to sexual
assaults involving members of the Armed Forces.
(d) APPLICATION
OF
COMPREHENSIVE
POLICY
TO
MILITARY
DEPARTMENTS.—The Secretary of Defense shall ensure that, to the
maximum extent practicable, the policy developed under subsection
(a) is implemented uniformly by the military departments.
(e) POLICIES AND PROCEDURES OF MILITARY DEPARTMENTS.—
(1) Not later than March 1, 2005, the Secretaries of the military
Deadline.
Regulations.
10 USC 113 note.
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departments shall prescribe regulations, or modify current regula-
tions, on the policies and procedures of the military departments
on the prevention of and response to sexual assaults involving
members of the Armed Forces in order—
(A) to conform such policies and procedures to the policy
developed under subsection (a); and
(B) to ensure that such policies and procedures include
the elements specified in paragraph (2).
(2) The elements specified in this paragraph are as follows:
(A) A program to promote awareness of the incidence of
sexual assaults involving members of the Armed Forces.
(B) A program to provide victim advocacy and intervention
for members of the Armed Force concerned who are victims
of sexual assault, which program shall make available, at home
stations and in deployed locations, trained advocates who are
readily available to intervene on behalf of such victims.
(C) Procedures for members of the Armed Force concerned
to follow in the case of an incident of sexual assault involving
a member of such Armed Force, including—
(i) specification of the person or persons to whom the
alleged offense should be reported;
(ii) specification of any other person whom the victim
should contact;
(iii) procedures for the preservation of evidence; and
(iv) procedures for confidential reporting and for con-
tacting victim advocates.
(D) Procedures for disciplinary action in cases of sexual
assault by members of the Armed Force concerned.
(E) Other sanctions authorized to be imposed in substan-
tiated cases of sexual assault, whether forcible or nonforcible,
by members of the Armed Force concerned.
(F) Training on the policies and procedures for all members
of the Armed Force concerned, including specific training for
members of the Armed Force concerned who process allegations
of sexual assault against members of such Armed Force.
(G) Any other matters that the Secretary of Defense con-
siders appropriate.
(f) ANNUAL REPORT ON SEXUAL ASSAULTS.—(1) Not later than
January 15 of each year, the Secretary of each military department
shall submit to the Secretary of Defense a report on the sexual
assaults involving members of the Armed Forces under the jurisdic-
tion of that Secretary during the preceding year. In the case of
the Secretary of the Navy, separate reports shall be prepared for
the Navy and for the Marine Corps.
(2) Each report on an Armed Force under paragraph (1) shall
contain the following:
(A) The number of sexual assaults against members of
the Armed Force, and the number of sexual assaults by mem-
bers of the Armed Force, that were reported to military officials
during the year covered by such report, and the number of
the cases so reported that were substantiated.
(B) A synopsis of, and the disciplinary action taken in,
each substantiated case.
(C) The policies, procedures, and processes implemented
by the Secretary concerned during the year covered by such
report in response to incidents of sexual assault involving mem-
bers of the Armed Force concerned.
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(D) A plan for the actions that are to be taken in the
year following the year covered by such report on the prevention
of and response to sexual assault involving members of the
Armed Forces concerned.
(3) Each report under paragraph (1) for any year after 2005
shall include an assessment by the Secretary of the military depart-
ment submitting the report of the implementation during the pre-
ceding fiscal year of the policies and procedures of such department
on the prevention of and response to sexual assaults involving
members of the Armed Forces in order to determine the effective-
ness of such policies and procedures during such fiscal year in
providing an appropriate response to such sexual assaults.
(4) The Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives
each report submitted to the Secretary under this subsection,
together with the comments of the Secretary on the report. The
Secretary shall submit each such report not later than March
15 of the year following the year covered by the report.
(5) For the report under this subsection covering 2004, the
applicable date under paragraph (1) is April 1, 2005, and the
applicable date under paragraph (4) is May 1, 2005.
Subtitle L—Management and
Administrative Matters
SEC. 581. THREE-YEAR EXTENSION OF LIMITATION ON REDUCTIONS
OF 
PERSONNEL 
OF 
AGENCIES 
RESPONSIBLE 
FOR
REVIEW AND CORRECTION OF MILITARY RECORDS.
Section 1559(a) of title 10, United States Code, is amended
by striking ‘‘During fiscal years 2003, 2004, and 2005,’’ and inserting
‘‘Before October 1, 2008,’’.
SEC. 582. STAFFING FOR DEFENSE PRISONER OF WAR/MISSING PER-
SONNEL OFFICE (DPMO).
(a) REPORT WHEN STAFFING IS BELOW PRESCRIBED LEVEL.—
Subparagraph (B) of section 1501(a)(5) of title 10, United States
Code, is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(B)’’;
(2) by inserting ‘‘, whether temporary or permanent,’’ after
‘‘civilian personnel’’; and
(3) by adding at the end the following:
‘‘(ii) If for any reason the number of military and civilian
personnel assigned or detailed to the office should fall below the
required level under clause (i), the Secretary of Defense shall
promptly notify the Committees on Armed Services of the Senate
and House of Representatives of the number of personnel so
assigned or detailed and of the Secretary’s plan to restore the
staffing level of the office to at least the required minimum number
under clause (i). The Secretary shall publish such notice and plan
in the Federal Register.’’.
(b) GAO STUDY.—Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall submit
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
providing an assessment of staffing and funding levels for the
Deadline.
Reports.
Federal Register,
publication.
Notice.
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PUBLIC LAW 108–375—OCT. 28, 2004
Defense Prisoner of War/Missing Personnel Office. The report shall
include—
(1) a description of changes, over the period from the incep-
tion of the office to the time of the submission of the report,
in the missions and mission requirements of the office, together
with a comparison of personnel and funding requirements of
the office over that period with actual manning and funding
levels over that period; and
(2) the Comptroller General’s assessment of the adequacy
of current manning and funding levels for that office in light
of current mission requirements.
SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPENDENTS AGE 75
AND OLDER.
(a) IN GENERAL.—(1) Chapter 53 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 1060b. Military ID cards: dependents and survivors of
retirees; issuance of permanent ID card after
attaining 75 years of age
‘‘(a) PERMANENT ID CARD AFTER AGE 75.—In issuing military
ID cards to retiree dependents, the Secretary concerned shall issue
a permanent ID card (not subject to renewal) to any such retiree
dependent who has attained 75 years of age. Such a permanent
ID card shall be issued upon the expiration, after the retiree
dependent attains 75 years of age, of any earlier, renewable military
ID card or, if earlier, upon the request of such a retiree dependent
after attaining age 75.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘military ID card’ means a card or other
form of identification used for purposes of demonstrating eligi-
bility for any benefit from the Department of Defense.
‘‘(2) The term ‘retiree dependent’ means a person who is
a dependent of a retired member of the uniformed services,
or a survivor of a deceased retired member of the uniformed
services, who is eligible for any benefit from the Department
of Defense.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘1060b. Military ID cards: dependents and survivors of retirees; issuance of perma-
nent ID card after attaining 75 years of age.’’.
(b) EFFECTIVE DATE.—Section 1060b of title 10, United States
Code, as added by subsection (a), shall take effect on October
1, 2004.
SEC. 584. AUTHORITY TO FURNISH CIVILIAN CLOTHING TO MEMBERS
TRAVELING IN CONNECTION WITH MEDICAL EVACU-
ATION.
(a) AUTHORITY.—Section 1047 of title 10, United States Code,
is amended—
(1) by inserting ‘‘(b) CERTAIN ENLISTED MEMBERS.—’’ before
‘‘The Secretary’’; and
(2) by inserting after the section heading the following:
‘‘(a) MEMBERS
TRAVELING
IN
CONNECTION
WITH
MEDICAL
EVACUATION.—The Secretary of the military department concerned
may furnish civilian clothing to a member at a cost not to exceed
10 USC 1060b
note.
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PUBLIC LAW 108–375—OCT. 28, 2004
$250, or reimburse a member for the purchase of civilian clothing
in an amount not to exceed $250, in the case of a member who—
‘‘(1) is medically evacuated for treatment in a medical
facility by reason of an illness or injury incurred or aggravated
while on active duty; or
‘‘(2) after being medically evacuated as described in para-
graph (1), is in an authorized travel status from a medical
facility to another location approved by the Secretary.’’.
(b) EFFECTIVE DATE.—Subsection (a) of section 1047 of title
10, United States Code, as added by subsection (a), shall take
effect as of October 1, 2004, and (subject to subsection (c)) shall
apply with respect to clothing furnished, and reimbursement for
clothing purchased, on or after that date.
(c) RETROACTIVE APPLICATION.—With respect to the period
beginning on October 1, 2004, and ending on the date of the enact-
ment of this Act, the Secretary of Defense shall provide for sub-
section (a) of section 1047 of title 10, United States Code, as
added by subsection (a), to be applied as a continuation of the
authority provided in section 1319 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108–11; 117
Stat. 571), as continued in effect during fiscal year 2004 by section
1103 of the Emergency Supplemental Appropriations Act for
Defense and for the Reconstruction of Iraq and Afghanistan, 2004
(Public Law 108–106; 117 Stat. 1214).
SEC. 585. AUTHORITY TO ACCEPT DONATION OF FREQUENT TRAVELER
MILES, CREDITS, AND TICKETS TO FACILITATE REST AND
RECUPERATION TRAVEL OF DEPLOYED MEMBERS OF
THE ARMED FORCES AND THEIR FAMILIES.
(a) OPERATION HERO MILES.—(1) Chapter 155 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 2613. Acceptance of frequent traveler miles, credits, and
tickets; use to facilitate rest and recuperation
travel of deployed members and their families
‘‘(a) AUTHORITY TO ACCEPT DONATION OF TRAVEL BENEFITS.—
Subject to subsection (c), the Secretary of Defense may accept
from any person or government agency the donation of travel bene-
fits for the purposes of use under subsection (d).
‘‘(b) TRAVEL BENEFIT DEFINED.—In the section, the term ‘travel
benefit’ means frequent traveler miles, credits for tickets, or tickets
for air or surface transportation issued by an air carrier or a
surface carrier, respectively, that serves the public.
‘‘(c) CONDITION ON AUTHORITY TO ACCEPT DONATION.—The Sec-
retary may accept a donation of a travel benefit under this section
only if the air or surface carrier that is the source of the benefit
consents to such donation. Any such donation shall be under such
terms and conditions as the surface carrier may specify, and the
travel benefit so donated may be used only in accordance with
the rules established by the carrier.
‘‘(d) USE
OF DONATED TRAVEL BENEFITS.—A travel benefit
accepted under this section may be used only for the purpose
of—
‘‘(1) facilitating the travel of a member of the armed forces
who—
10 USC 1047
note.
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‘‘(A) is deployed on active duty outside the United
States away from the permanent duty station of the
member in support of a contingency operation; and
‘‘(B) is granted, during such deployment, rest and recu-
perative leave, emergency leave, convalescent leave, or
another form of leave authorized for the member; or
‘‘(2) in the case of a member of the armed forces
recuperating from an injury or illness incurred or aggravated
in the line of duty during such a deployment, facilitating the
travel of family members of the member in order to be reunited
with the member.
‘‘(e) ADMINISTRATION.—(1) The Secretary shall designate a
single office in the Department of Defense to carry out this section.
That office shall develop rules and procedures to facilitate the
acceptance and distribution of travel benefits under this section.
‘‘(2) For the use of travel benefits under subsection (d)(2) by
family members of a member of the armed forces, the Secretary
may, as the Secretary determines appropriate, limit—
‘‘(A) eligibility to family members who, by reason of affinity,
degree of consanguinity, or otherwise, are sufficiently close
in relationship to the member of the armed forces to justify
the travel assistance;
‘‘(B) the number of family members who may travel; and
‘‘(C) the number of trips that family members may take.
‘‘(3) The Secretary of Defense may, in an exceptional case,
authorize a person not described in subsection (d)(2) to use a travel
benefit accepted under this subsection to visit a member of the
armed forces described in subsection (d)(1) if that person has a
notably close relationship with the member. The travel benefit
may be used by such person only in accordance with such conditions
and restrictions as the Secretary determines appropriate and the
rules established by the air carrier or surface carrier that is the
source of the travel benefit.
‘‘(f) SERVICES OF NONPROFIT ORGANIZATION.—The Secretary of
Defense may enter into an agreement with a nonprofit organization
to use the services of the organization—
‘‘(1) to promote the donation of travel benefits under this
section, except that amounts appropriated to the Department
of Defense may not be expended for this purpose; and
‘‘(2) to assist in administering the collection, distribution,
and use of travel benefits under this section.
‘‘(g) FAMILY MEMBER DEFINED.—In this section, the term ‘family
member’ has the meaning given that term in section 411h(b)(1)
of title 37.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘2613. Acceptance of frequent traveler miles, credits, and tickets; use to facilitate
rest and recuperation travel of deployed members and their families.’’.
(b) TAX TREATMENT OF TRAVEL BENEFITS DONATED FOR OPER-
ATION HERO MILES.—
(1) EXCLUSION FROM GROSS INCOME.—Subsection (b) of sec-
tion 134 of the Internal Revenue Code of 1986 (defining quali-
fied military benefit) is amended by adding at the end the
following new paragraph:
‘‘(5) TRAVEL
BENEFITS
UNDER
OPERATION
HERO
MILES.—
The term ‘qualified military benefit’ includes a travel benefit
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provided under section 2613 of title 10, United States Code
(as in effect on the date of the enactment of this paragraph).’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 134(b)(3)(A) of such Code is amended by
striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4) and
(5)’’.
(B) Section 3121(a)(18) of such Code is amended by
striking 
‘‘or 
134(b)(4)’’ 
and 
inserting 
‘‘134(b)(4), 
or
134(b)(5)’’.
(C) Section 3306(b)(13) of such Code is amended by
striking 
‘‘or 
134(b)(4)’’ 
and 
inserting 
‘‘134(b)(4), 
or
134(b)(5)’’.
(D) Section 3401(a)(18) of such Code is amended by
striking 
‘‘or 
134(b)(4)’’ 
and 
inserting 
‘‘134(b)(4), 
or
134(b)(5)’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to travel benefits provided after the date
of the enactment of this Act.
SEC. 586. ANNUAL REPORT IDENTIFYING REASONS FOR DISCHARGES
FROM THE ARMED FORCES DURING PRECEDING FISCAL
YEAR.
(a) REPORT REQUIRED.—Not later than March 1 each year
through 2011, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and House of Representatives
a report on discharges from the Army, Navy, Air Force, and Marine
Corps during the preceding fiscal year.
(b) MATTERS TO BE INCLUDED.—Each such report shall show,
in the aggregate and for each of those Armed Forces, the following:
(1) The total number of persons discharged during the
preceding fiscal year.
(2) For each separation code, and for each reenlistment
eligibility code, used by the Armed Forces, the number of those
discharged persons assigned that code.
(3) For the persons assigned each such separation code,
classification of discharges by age, by sex, by race, by military
rank or grade, by time in service, by unit (shown at the small
unit level), by military occupational specialty (or the equiva-
lent), and by reenlistment eligibility code.
(c) USE
OF GENERIC SEPARATION CODES.—In preparing the
reports under this section, the Secretary shall use a generic inter-
service separation code that provides similar, and consistent, data
across the services.
SEC. 587. STUDY OF BLENDED WING CONCEPT FOR THE AIR FORCE.
(a) STUDY REQUIRED.—Not later than March 1, 2005, the Sec-
retary of the Air Force shall submit to Congress a report on the
blended wing concept for the Air Force. The report shall include
the Secretary’s findings as to the characteristics and locations that
are considered favorable for a blended wing, a description of the
manner in which current blended wings are functioning, and a
statement of the current and future plans of the Air Force to
implement the blended wing concept.
(b) SELECTION CRITERIA.—The report shall include a description
of the criteria and attributes that the Secretary requires when
choosing units to become blended wings.
Deadline.
Reports.
26 USC 134 note.
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SEC. 588. SENSE OF CONGRESS REGARDING RETURN OF MEMBERS
TO ACTIVE DUTY SERVICE UPON REHABILITATION FROM
SERVICE-RELATED INJURIES.
(a) FINDINGS.—Congress makes the following findings:
(1) The generation of young people currently serving on
active duty in the Armed Forces, which history will record
as being among the greatest, has shown in remarkable numbers
an individual resolve to recover from injuries incurred in such
service and to return to active service in the Armed Forces.
(2) Since September 11, 2001, numerous brave soldiers,
sailors, airmen, and Marines have incurred serious combat
injuries, including (as of June 2004) approximately 100 mem-
bers of the Armed Forces who have been fitted with artificial
limbs as a result of devastating injuries sustained in combat
overseas.
(3) In cases involving combat-related injuries and other
service-related injuries, it is possible, as a result of advances
in technology and extensive rehabilitative services, to restore
to members of the Armed Forces sustaining such injuries the
capability to resume the performance of active military service,
including, in a few cases, the capability to participate directly
in the performance of combat missions.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) a member of the Armed Forces who on the member’s
own initiative is highly motivated to return to active duty
service following rehabilitation from injuries incurred in service
in the Armed Forces should, after appropriate medical review
and physical disability evaluation, be given the opportunity
to present the member’s case for continuing to serve on active
duty in varied military capacities;
(2) other than appropriate medical review and physical
disability evaluation, there should be no barrier in policy or
law to such a member having the option to return to military
service on active duty; and
(3) the Secretary of Defense should develop specific proto-
cols that include options for such members to return to active
duty service and to be retrained to perform military missions
for which they are fully capable.
Subtitle M—Other Matters
SEC. 591. PROTECTION OF ARMED FORCES PERSONNEL FROM
RETALIATORY ACTIONS FOR COMMUNICATIONS MADE
THROUGH THE CHAIN OF COMMAND.
(a) PROTECTED COMMUNICATIONS.—Section 1034(b)(1)(B) of title
10, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of clause (iii)’’; and
(2) by striking clause (iv) and inserting the following:
‘‘(iv) any person or organization in the chain of com-
mand; or
‘‘(v) any other person or organization designated pursu-
ant to regulations or other established administrative
procedures for such communications.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
apply with respect to any unfavorable personnel action taken or
threatened, and any withholding of or threat to withhold a favorable
10 USC 1034
note.
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personnel action, on or after the date of the enactment of this
Act.
SEC. 592. IMPLEMENTATION PLAN FOR ACCESSION OF PERSONS WITH
SPECIALIZED SKILLS.
(a) PLAN
FOR
ACCESSION
OF
PERSONS
WITH
SPECIALIZED
SKILLS.—(1) Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress
a plan for implementation of authority, if subsequently provided
by law, to allow for accession into the Armed Forces, on a special
or lateral-entry basis, of persons with specialized skills, for duty
involving the use of such skills.
(2) The plan under paragraph (1) shall address matters such
as projected numbers of enlistments and appointments, initial rank
or grade, projected enlistment and re-enlistment bonuses and pays,
projected length of service obligation (if any), minimum time of
active duty requirements, the potential effect the use of such
authority would have on other special or lateral-entry programs
(such as those applicable to physicians), and such other matters
as the Secretary considers appropriate.
(3) The Secretary shall include with the plan submitted under
paragraph (1) a comparison of that plan with an alternative for
meeting the specialized skills required by the Armed Forces through
the use of civilain contractor personnel.
(b) CIVILIAN SKILLS CORPS FEASIBILITY STUDY.—(1) The Sec-
retary of Defense shall conduct a feasibility study of how to imple-
ment a system that would make civilian volunteers, with skills
determined by the Secretary to be critical, rapidly available for
use in, or in support of, units of the Armed Force on a temporary
basis to meet no-notice, or short-notice, operational requirements.
In conducting the study, the Secretary shall examine a range of
options, including—
(A) a system that would embed on short notice in military
units civilian volunteers who were not part of the military,
but who possessed highly required skills that were in short
supply in the Armed Forces; and
(B) a system to provide for the accession into the active
or reserve components of persons with critical skills required
by the Armed Forces for whom the Secretary could prescribe
varying lengths of service and training requirements.
(2) The Secretary shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the results of the study
under paragraph (1) not later than March 31, 2005.
SEC. 593. ENHANCED SCREENING METHODS AND PROCESS IMPROVE-
MENTS FOR RECRUITMENT OF HOME SCHOOLED AND
NATIONAL GUARD CHALLENGE PROGRAM GED RECIPI-
ENTS.
(a) ENHANCED SCREEING METHODS
AND PROCESS IMPROVE-
MENTS.—(1) The Secretary of the Army shall carry out an
initiative—
(A) to develop screening methods and process improvements
for recruiting specified GED recipients so as to achieve attrition
patterns, among the GED recipients so recruited, that match
attrition patterns for Army recruits who are high school diploma
graduates; and
10 USC 503 note.
Reports.
Deadline.
Reports.
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(B) subject to subsection (b), to implement such screening
methods and process improvements on a test basis.
(2) For purposes of this section, the term ‘‘specified GED recipi-
ents’’ means persons who receive a General Educational Develop-
ment (GED) certificate as a result of home schooling or the comple-
tion of a program under the National Guard Challenge program.
(b) SECRETARY
OF DEFENSE REVIEW.—Before the screening
methods and process improvements developed under subsection
(a)(1) are put into effect under subsection (a)(2), the Secretary
of Defense shall review the proposed screening methods and process
improvements. Based on such review, the Secretary of Defense
either shall approve the use of such screening methods and process
improvements for testing (with such modifications as the Secretary
may direct) or shall disapprove the use of such methods and process
improvements on a test basis.
(c) SECRETARY
OF DEFENSE DECISION.—If the Secretary of
Defense determines under subsection (b) that the screening methods
and process improvements developed under subsection (a)(1) should
be implemented on a test basis, then upon completion of the test
period, the Secretary of Defense shall, after reviewing the results
of the test program, determine whether the new screening methods
and process improvements developed by the Army should be
extended throughout the Department for recruit candidates identi-
fied by the new procedures to be considered tier 1 recruits.
(d) REPORTS.—(1) If the Secretary of Defense determines under
subsection (b) that the screening methods and process improvements
developed under subsection (a)(1) should not be implemented on
a test basis, the Secretary of Defense shall, not later than 90
days thereafter, notify the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives of such determination, together with the reasons
of the Secretary for such determination.
(2) If the Secretary of Defense determines under subsection
(b) that the screening methods and process improvements developed
under subsection (a)(1) should be implemented on a test basis,
the Secretary of the Army shall submit to the committees specified
in paragraph (1) a report on the results of the testing. The report
shall be submitted not later than March 31, 2009, except that
if the Secretary of Defense directs an earlier termination of the
testing initiative, the Secretary of the Army shall submit the report
under this paragraph not later than 180 days after such termi-
nation. Such report shall include the determination of the Secretary
of Defense under subsection (c). If that determination is that the
methods and processes tested should not be extended to the other
services, the report shall include the Secretary’s rationale for not
recommending such extension.
SEC. 594. REDESIGNATION OF NATIONAL GUARD CHALLENGE PRO-
GRAM AS NATIONAL GUARD YOUTH CHALLENGE PRO-
GRAM.
(a) REDESIGNATION.—Section 509 of title 32, United States
Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘National Guard Challenge Program’’
the first place it appears and inserting ‘‘National Guard
Youth Challenge Program’’; and
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PUBLIC LAW 108–375—OCT. 28, 2004
(B) by striking ‘‘National Guard Challenge Program’’
the second place it appears and inserting ‘‘Program’’;
(2) by striking ‘‘National Guard Challenge Program’’ each
place it appears in subsections (b) through (k) and subsection
(m) and inserting ‘‘Program’’;
(3) by striking ‘‘program’’ each place it appears in sub-
sections (b), (g), (i)(2)(A), (j), (k), and (m) and inserting ‘‘Pro-
gram’’; and
(4) in subsection (l), by adding at the end the following
new paragraph:
‘‘(3) The term ‘Program’ means the National Guard Youth
Challenge Program carried out pursuant to this section.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 509. 
National 
Guard 
Youth 
Challenge 
Program 
of
opportunities for civilian youth’’.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the item relating to section 509
and inserting the following new item:
‘‘509. National Guard Youth Challenge Program of opportunities for civilian youth.’’.
SEC. 595. REPORTS ON CERTAIN MILESTONES RELATING TO DEPART-
MENT OF DEFENSE TRANSFORMATION.
(a) 
MILITARY-TO-CIVILIAN
CONVERSIONS.—Not 
later 
than
January 31, 2005, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report pro-
viding information as to the number of positions in the Department
of Defense that were converted during fiscal year 2004 from
performance by military personnel to performance by civilian per-
sonnel of the Department of Defense or contractor personnel. The
report shall include the following:
(1) A description of the skill sets of the military positions
converted.
(2) Specification of the total cost of the conversions and
how that cost is being met.
(3) The number of positions in the Department of Defense
projected for such conversion during the period from March
1, 2005, through January 31, 2006.
(b) MILITARY-TO-MILITARY
CONVERSIONS.—Not later than
March 31 of each of 2005, 2006, and 2007, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives a report on—
(1) the number of units, by type, converted from one pri-
mary military capability to another during the previous fiscal
year and, for each such unit, what the new unit designation
and new military capabilities are;
(2) the number of military personnel, by military skill,
who have converted during the previous fiscal year from one
primary military skill to another, with a listing of the military
skills to which the individuals converted;
(3) a description of the military unit and military personnel
conversions planned for the upcoming fiscal year; and
(4) a statement of whether the overall unit and military
personnel conversions planned for the previous fiscal year were
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met, and for each such planned conversion, the reasons why
the planned conversion was or was not met.
(c) ARMY TRANSFORMATION TO BRIGADE STRUCTURE.—The Sec-
retary of the Army shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services of the
House of Representatives an annual report on the status of the
internal transformation of the Army from a division-orientated force
to a brigade-orientated force. Such report shall be submitted not
later than March 31 of each year, except that the requirement
to submit such annual report shall terminate when the Secretary
of the Army submits to those committees the Secretary’s certifi-
cation that the transformation of the Army to a brigade-orientated
force has been completed. Upon the submission of such certification,
the Secretary shall publish in the Federal Register notice of that
certification and that the statutory requirement to submit an annual
report under this subsection has terminated.
SEC. 596. REPORT ON ISSUES RELATING TO REMOVAL OF REMAINS
OF PERSONS INTERRED IN UNITED STATES MILITARY
CEMETERIES OVERSEAS.
(a) STUDY.—The Secretary of the Army shall examine the issues
relating to requests for disinterment of remains of persons buried
in United States overseas military cemeteries. The examination
shall include the following:
(1) A review of the historical facts involved in establishing
the United States overseas military cemeteries and in deter-
mining the criteria for interment in those cemeteries.
(2) An examination of the processes for ensuring that the
initial disposition decision with respect to the remains of any
decedent was carried out, together with a review and expla-
nation of the existing policy and procedures regarding request
for disinterment and any exceptions that have been made.
(3) An analysis of the potential reasons for justifying dis-
interment of remains from those cemeteries, including error,
misunderstanding, and change of decision by the original
responsible next of kin or other family member or group of
family members.
(4) An analysis of the potential impact on the operation
of United States overseas military cemeteries of permitting
disinterment of remains from those cemeteries.
(b) REPORT.—Not later than September 30, 2005, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives a report on the results of the examination under subsection
(a). The report shall include the following:
(1) The matters specified in paragraphs (1), (2), (3), and
(4) of subsection (a).
(2) A description of the changes to policy criteria and proce-
dures that would be necessary to support a system for
requesting and authorizing disinterment of such remains.
(3) The recommendations of the Secretary of the Army
and the American Battle Monuments Commission for changing
current policy and procedures with respect to such disinter-
ments.
(c) CONSULTATION WITH ABMC.—The Secretary shall carry
out the examination under subsection (a) and prepare the report
Federal Register,
publication.
10 USC 3013
note.
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PUBLIC LAW 108–375—OCT. 28, 2004
under subsection (b) in consultation with the American Battle
Monuments Commission.
(d) ABMC ASSISTANCE.—The American Battle Monuments
Commission shall provide the Secretary of the Army such assistance
as the Secretary may require in carrying out this section.
(e) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘United States overseas military cemetery’’
means a cemetery located in a foreign country that is adminis-
tered by the Secretary of a military department or the American
Battle Monuments Commission.
(2) The term ‘‘initial disposition decision’’, with respect
to the remains of a person who died outside the United States
and was interred in a United States overseas military cemetery,
means a decision by a family member (or other designated
person) as to the disposition (in accordance with laws and
regulations in effect at the time) of the remains of the deceased
person, such decision being to have the remains interred in
a United States overseas military cemetery (rather than to
have those remains transported to the United States for inter-
ment or other disposition in the United States).
SEC. 597. COMPTROLLER GENERAL REPORTS ON CLOSURE OF
DEPARTMENT OF DEFENSE DEPENDENT ELEMENTARY
AND SECONDARY SCHOOLS AND COMMISSARY STORES.
(a) REPORT
ON DEFENSE DEPENDENT SCHOOLS.—The Comp-
troller General shall prepare a report containing—
(1) an assessment by the Comptroller General of the policy
of the Department of Defense, and the criteria utilized by
the Department, regarding the closure of Department of
Defense dependent elementary and secondary schools, including
whether or not such policy and criteria are consistent with
Department policies and procedures on the preservation of the
quality of life of members of the Armed Forces and their depend-
ents; and
(2) an assessment by the Comptroller General of any cur-
rent or on-going studies or assessments of the Department
with respect to any of the schools.
(b) REPORT ON COMMISSARY STORES.—The Comptroller General
shall prepare a report containing—
(1) an assessment by the Comptroller General of the policy
of the Department of Defense, and the criteria utilized by
the Department, regarding the closure of commissary stores,
including whether or not such policy and criteria are consistent
with Department policies and procedures on the preservation
of the quality of life of members of the Armed Forces and
their dependents; and
(2) an assessment by the Comptroller General of any cur-
rent or on-going studies or assessments of the Department
with respect to any of the commissary stores.
(c) SUBMISSION OF REPORTS.—The Comptroller General shall
submit the reports required by this section to the Committee on
Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives not later than 180 days after
the date of the enactment of this Act.
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PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 598. COMPTROLLER GENERAL REPORT ON TRANSITION ASSIST-
ANCE PROGRAMS FOR MEMBERS SEPARATING FROM
THE ARMED FORCES.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall submit
to Congress a report evaluating the programs of the Department
of Defense and other Federal agencies under which transition assist-
ance is provided to members of the Armed Forces who are sepa-
rating from active duty service.
(b) ELEMENTS OF REPORT.—(1) With regard to the transition
assistance programs under section 1142 and 1144 of title 10, United
States Code, the report required by subsection (a) shall include—
(A) an analysis of the extent to which such programs are
meeting the current needs of members of the Armed Forces
as they are discharged or released from active duty;
(B) a discussion of the original purposes of the programs;
(C) a discussion of how the programs are currently being
administered in relationship to those purposes;
(D) an assessment of whether the programs are adequate
to meet the current needs of members of the reserve compo-
nents; and
(E) such recommendations as the Comptroller General con-
siders appropriate for improving such programs, including any
recommendation regarding whether participation by members
of the Armed Forces in such programs should be required.
(2) The report shall include an analysis of any differences
among the Armed Forces and among the commands of military
installations of the Armed Forces regarding how transition assist-
ance is being provided under the transition assistance programs
and such recommendations as the Comptroller General considers
appropriate—
(A) to achieve uniformity in the provision of assistance
under such programs; and
(B) to ensure that the transition assistance is provided
under such programs to members of the Armed Forces who
are being separated at medical facilities of the uniformed serv-
ices or Department of Veterans Affairs medical centers and
to Armed Forces personnel on a temporary disability retired
list under section 1202 or 1205 of title 10, United States Code.
(3) The report shall include—
(A) an analysis of the relationship between the Department
of Defense transition assistance programs and the transition
assistance programs of the Department of Veterans Affairs
and the Department of Labor, including the relationship
between the benefits delivery at discharge program carried
out jointly by the Department of Defense and the Department
of Veterans Affairs and the other transition assistance pro-
grams; and
(B) an assessment of the quality and thoroughness of
information being provided during preseparation briefings
under such transition assistance programs regarding the full
range of benefits available to qualified members of the Armed
Forces under programs operated by the Department of Veterans
Affairs and the requirements for qualifying for those benefits.
(4) The report shall specify the rates of participation of members
of the Armed Forces in the transition assistance programs and
include such recommendations as the Comptroller General considers
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appropriate to increase such participation rates, including any rec-
ommendations regarding revisions of such programs that could
result in increased participation by members.
(5) The report shall include—
(A) an assessment of whether the transition assistance
information provided to members of the Armed Forces omits
any transition information that would be beneficial to members;
(B) an assessment of the extent to which information is
provided under the transition assistance programs regarding
participation in Federal procurement opportunities available
at prime contract and subcontract levels to veterans with
service-connected disabilities and other veterans; and
(C) such recommendations as the Comptroller General con-
siders appropriate regarding additional information that should
be provided and any other recommendations that the Comp-
troller General considers appropriate for enhancing the provi-
sion of counseling on such procurement opportunities.
(6) The report shall include—
(A) an assessment of the extent to which representatives
of military service organizations and veterans’ service organiza-
tions are afforded opportunities to participate, and do partici-
pate, in preseparation briefings under transition assistance pro-
grams;
(B) an assessment of the effectiveness and usefulness of
the role that military service organizations and veterans’ service
organizations are playing in the preseparation briefing process;
and
(C) such recommendations as the Comptroller General con-
siders appropriate regarding whether such organizations should
be given a more formal role in the preseparation briefing
process and how representatives of such organizations could
better be used to disseminate transition assistance information
and provide preseparation counseling to members of the Armed
Forces, including members who are being released from active
duty for continuation of service in a reserve component.
(7) The report shall include an analysis of the use of post-
deployment and predischarge health screenings and such rec-
ommendations as the Comptroller General considers appropriate
regarding whether and how to integrate the health screening
process and the transition assistance programs into a single, coordi-
nated preseparation program for members of the Armed Forces
being discharged or released from active duty.
(8) The report shall include an analysis of the processes of
the Armed Forces for conducting physical examinations of members
of the Armed Forces in connection with discharge and release
from active duty, including—
(A) how post-deployment questionnaires are used;
(B) the extent to which members of the Armed Forces
waive the physical examinations; and
(C) how, and the extent to which, members of the Armed
Forces are referred for follow-up health care.
(9) The report shall include a discussion of the current process
by which mental health screenings are conducted, follow-up mental
health care is provided for, and services are provided in cases
of post-traumatic stress disorder and related conditions for members
of the Armed Forces in connection with discharge and release
from active duty, together with—
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118 STAT. 1941
PUBLIC LAW 108–375—OCT. 28, 2004
(A) for each of the Armed Forces, the programs that are
in place to identify and treat cases of post-traumatic stress
disorder and related conditions; and
(B) for persons returning from deployments in connection
with Operation Enduring Freedom and Operation Iraqi
Freedom—
(i) the number of persons treated as a result of such
screenings; and
(ii) the types of interventions.
(c) ACQUISITION OF SUPPORTING INFORMATION.—In preparing
the report under subsection (a), the Comptroller General shall seek
to obtain views from the following persons:
(1) The Secretary of Defense and the Secretaries of the
military departments.
(2) The Secretary of Veterans Affairs.
(3) The Secretary of Labor.
(4) Members of the Armed Forces who have received transi-
tion assistance under the programs covered by the report and
members of the Armed Forces who have declined to accept
transition assistance offered under such programs.
(5) Representatives of military service organizations and
representatives of veterans’ service organizations.
(6) Persons having expertise in health care (including
mental health care) provided under the Defense Health Pro-
gram, including Department of Defense personnel, Department
of Veterans Affairs personnel, and persons in the private sector.
SEC. 599. STUDY ON COORDINATION OF JOB TRAINING STANDARDS
WITH 
CERTIFICATION 
STANDARDS 
FOR 
MILITARY
OCCUPATIONAL SPECIALTIES.
(a) STUDY REQUIRED.—The Secretary of Defense and the Sec-
retary of Labor shall jointly carry out a study to determine ways
to coordinate the standards applied by the Armed Forces for the
training and certification of members of the Armed Forces in mili-
tary occupational specialties with the standards that are applied
to corresponding civilian occupations by occupational licensing or
certification agencies of governments and occupational certification
agencies in the private sector.
(b) SUBMISSION OF REPORT.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Labor
shall submit to Congress a report containing the results of the
study under subsection (a).
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2005.
Sec. 602. Relationship between eligibility to receive supplemental subsistence al-
lowance and eligibility to receive imminent danger pay, family separa-
tion allowance, and certain Federal assistance.
Sec. 603. Authority to provide family separation basic allowance for housing.
Sec. 604. Geographic basis for housing allowance during short-assignment perma-
nent changes of station for education or training.
Sec. 605. Immediate lump-sum reimbursement for unusual nonrecurring expenses
incurred for duty outside the continental United States.
Sec. 606. Authority for certain members deployed in combat zones to receive lim-
ited advances on future basic pay.
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PUBLIC LAW 108–375—OCT. 28, 2004
Sec. 607. Repeal of requirement that members entitled to basic allowance for sub-
sistence pay subsistence charges while hospitalized.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Authority to provide hazardous duty incentive pay to military firefighters.
Sec. 616. Reduced service obligation for nurses receiving nurse accession bonus.
Sec. 617. Assignment incentive pay.
Sec. 618. Modification of active and reserve component reenlistment and enlistment
bonus authorities.
Sec. 619. Bonus for certain initial service of officers in the Selected Reserve.
Sec. 620. Revision of authority to provide foreign language proficiency pay.
Sec. 621. Eligibility of enlisted members to qualify for critical skills retention bonus
while serving on indefinite reenlistment.
Sec. 622. Eligibility of reserve component members for incentive bonus for conver-
sion to military occupational specialty to ease personnel shortage.
Sec. 623. Permanent increase in authorized amounts for imminent danger special
pay and family separation allowance.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for family members to attend burial
ceremony or memorial service of member who dies on duty.
Sec. 632. Transportation of family members incident to serious illness or injury of
members of the uniformed services.
Sec. 633. Reimbursement for certain lodging costs incurred in connection with de-
pendent student travel.
Subtitle D—Retired Pay and Survivor Benefits
Sec. 641. Computation of high-36 month average for reserve component members
retired for disability while on active duty or dying while on active duty.
Sec. 642. Repeal of phase-in of concurrent receipt of retired pay and veterans’ dis-
ability compensation for military retirees with service-connected disabil-
ities rated as 100 percent.
Sec. 643. Death benefits enhancement.
Sec. 644. Phased elimination of two-tier annuity computation for surviving spouses
under Survivor Benefit Plan.
Sec. 645. One-year open enrollment period for Survivor Benefit Plan commencing
October 1, 2005.
Subtitle E—Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 651. Consolidation and reorganization of legislative provisions regarding de-
fense commissary system and exchanges and other morale, welfare, and
recreation activities.
Sec. 652. Consistent State treatment of Department of Defense Nonappropriated
Fund Health Benefits Program.
Subtitle F—Other Matters
Sec. 661. Eligibility of members for reimbursement of expenses incurred for adop-
tion placements made by foreign governments.
Sec. 662. Clarification of education loans qualifying for education loan repayment
program for reserve component health professions officers.
Sec. 663. Receipt of pay by reservists from civilian employers while on active duty
in connection with a contingency operation.
Sec. 664. Relief for mobilized reservists from certain Federal agricultural loan obli-
gations.
Sec. 665. Survey and analysis of effect of extended and frequent mobilization of re-
servists for active duty service on reservist income.
Sec. 666. Study of disability benefits for veterans of service in the Armed Forces
with service-connected disabilities.
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118 STAT. 1943
PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2005.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment
to become effective during fiscal year 2005 required by section
1009 of title 37, United States Code, in the rates of monthly basic
pay authorized members of the uniformed services shall not be
made.
(b) INCREASE IN BASIC PAY.—Effective on January 1, 2005,
the rates of monthly basic pay for members of the uniformed serv-
ices are increased by 3.5 percent.
SEC. 602. RELATIONSHIP BETWEEN ELIGIBILITY TO RECEIVE SUPPLE-
MENTAL SUBSISTENCE ALLOWANCE AND ELIGIBILITY TO
RECEIVE IMMINENT DANGER PAY, FAMILY SEPARATION
ALLOWANCE, AND CERTAIN FEDERAL ASSISTANCE.
(a) ENTITLEMENT NOT AFFECTED
BY RECEIPT
OF IMMINENT
DANGER PAY AND FAMILY SEPARATION ALLOWANCE.—Subsection (b)
of section 402a of title 37, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘the Secretary—’’ and
all that follows through ‘‘shall take into consideration’’ and
inserting ‘‘the Secretary concerned shall take into consider-
ation’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) In determining whether a member meets the eligibility
criteria under paragraph (1), the Secretary concerned shall not
take into consideration—
‘‘(A) the amount of the supplemental subsistence allowance
that is payable under this section;
‘‘(B) the amount of any special pay that is payable to
the member under section 310 of this section, relating to duty
subject to hostile fire or imminent danger; or
‘‘(C) the amount of any family separation allowance that
is payable to the member under section 427 of this title.’’.
(b) RELATION TO OTHER FEDERAL ASSISTANCE.—Such section
is further amended—
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new sub-
section (g):
‘‘(g) ELIGIBILITY FOR OTHER FEDERAL ASSISTANCE.—(1) A child
or spouse of a member of the armed forces receiving the supple-
mental subsistence allowance under this section who, except on
account of the receipt of such allowance, would be eligible to receive
a benefit described in paragraph (2) shall be considered to be
eligible for that benefit notwithstanding the receipt of such allow-
ance.
‘‘(2) The benefits referred to in paragraph (1) are as follows:
‘‘(A) Assistance provided under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
‘‘(B) Assistance provided under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
‘‘(C) A service provided under the Head Start Act (42 U.S.C.
9831 et seq.).
‘‘(D) Assistance under the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
37 USC 1009
note.
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PUBLIC LAW 108–375—OCT. 28, 2004
‘‘(3) A household that includes a member of the armed forces
receiving the supplemental subsistence allowance under this section
and that, except on account of the receipt of such allowance, would
be eligible to receive a benefit under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.) shall be considered
to be eligible for that benefit notwithstanding the receipt of such
allowance.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply in determining, on or after the date of the enactment
of this Act, the eligibility of a person for a supplemental subsistence
allowance under section 402a of title 37, United States Code, or
for Federal assistance under a law specified in subsection (g) of
such section, as so amended.
SEC. 603. AUTHORITY TO PROVIDE FAMILY SEPARATION BASIC ALLOW-
ANCE FOR HOUSING.
Section 403(d) of title 37, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘is entitled to’’ and
inserting ‘‘may be paid’’; and
(2) in paragraph (4), by striking the first sentence and
inserting the following new sentence: ‘‘A family separation basic
allowance for housing paid to a member under this subsection
is in addition to any other allowance or per diem that the
member receives under this title.’’.
SEC. 604. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE DURING
SHORT-ASSIGNMENT PERMANENT CHANGES OF STATION
FOR EDUCATION OR TRAINING.
Section 403(d) of title 37, United States Code, as amended
by section 603, is further amended—
(1) in the subsection heading, by striking ‘‘ARE UNABLE
TO’’ and inserting ‘‘DO NOT’’; and
(2) in paragraph (3), by adding at the end the following
new subparagraph:
‘‘(C) If the member is reassigned for a permanent change
of station or permanent change of assignment from a duty
station in the United States to another duty station in the
United States for a period of not more than one year for
the purpose of participating in professional military education
or training classes, the amount of the basic allowance for
housing for the member may be based on whichever of the
following areas the Secretary concerned determines will provide
the more equitable basis for the allowance:
‘‘(i) The area of the duty station to which the member
is reassigned.
‘‘(ii) The area in which the dependents reside, but
only if the dependents reside in that area when the member
departs for the duty station to which the member is
reassigned and only for the period during which the
dependents reside in that area.
‘‘(iii) The area of the former duty station of the member,
if different than the area in which the dependents reside.’’.
37 USC 402a
note.
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118 STAT. 1945
PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 605. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL
NONRECURRING EXPENSES INCURRED FOR DUTY OUT-
SIDE THE CONTINENTAL UNITED STATES.
(a) ELIGIBILITY FOR REIMBURSEMENT.—Section 405 of title 37,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(d) NONRECURRING EXPENSES.—(1) The Secretary concerned
may reimburse a member of the uniformed services on duty as
described in subsection (a) for a nonrecurring expense incurred
by the member incident to such duty that—
‘‘(A) is directly related to the conditions or location of
the duty;
‘‘(B) is of a nature or a magnitude not normally incurred
by members of the uniformed services on duty inside the conti-
nental United States; and
‘‘(C) is not included in the per diem determined under
subsection (b) as payable to the member under subsection (a).
‘‘(2) Any reimbursement provided to a member under paragraph
(1) is in addition to a per diem payable to that member under
subsection (a).’’.
(b) USE OF DEFINED TERM CONTINENTAL UNITED STATES.—
(1) Subsection (a) of such section is amended by striking ‘‘outside
of the United States or in Hawaii or Alaska’’ and inserting ‘‘outside
of the continental United States’’.
(2) The heading of such section is amended to read as follows:
‘‘§ 405. Travel and transportation allowances: per diem while
on duty outside the continental United States’’.
(3) The table of sections at the beginning of chapter 7 of
such title is amended by striking the item relating to section 405
and inserting the following new item:
‘‘405. Travel and transportation allowances: per diem while on duty outside the con-
tinental United States.’’.
SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED IN COMBAT
ZONES TO RECEIVE LIMITED ADVANCES ON FUTURE
BASIC PAY.
(a) ADVANCEMENT OF BASIC PAY.—Chapter 3 of title 37, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 212. Advancement of basic pay: members deployed in com-
bat zone for more than one year
‘‘(a) ELIGIBILITY; AMOUNT ADVANCED.—If a member of the
armed forces is assigned to duty in an area for which special
pay under section 310 of this title is available and the assignment
is pursuant to orders specifying an assignment of one year or
more (or the assignment is extended beyond one year), the member
may request, during the period of the assignment, the advanced
payment of not more than three months of the basic pay of the
member.
‘‘(b) CONSIDERATION
OF REQUEST.—A request by a member
described in subsection (a) for the advanced payment of a single
month of basic pay shall be granted. The Secretary concerned
may grant a member’s request for a second or third month of
advanced basic pay during the assignment upon a showing of finan-
cial hardship.
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118 STAT. 1946
PUBLIC LAW 108–375—OCT. 28, 2004
‘‘(c) RECOUPMENT OF ADVANCED PAY.—The Secretary concerned
shall recoup an advance made on the basic pay of a member
under this section in equal installments over a one-year period
beginning as provided in subsection (d). If the member is serving
on active duty for any month during the recoupment period, the
amount of the installment for the month shall be deducted from
the basic pay of the member for that month. The estate of a
deceased member shall not be required to repay any portion of
the advanced pay paid to the member and not repaid before the
death of the member.
‘‘(d) COMMENCEMENT OF RECOUPMENT.—The recoupment period
for an advancement of basic pay to a member under this section
shall commence on the first day of the first month beginning on
or after the date on which the member receives the advanced
pay.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘212. Advancement of basic pay: members deployed in combat zone for more than
one year.’’.
SEC. 607. REPEAL OF REQUIREMENT THAT MEMBERS ENTITLED TO
BASIC ALLOWANCE FOR SUBSISTENCE PAY SUBSISTENCE
CHARGES WHILE HOSPITALIZED.
(a) REPEAL.—(1) Section 1075 of title 10, United States Code,
is repealed.
(2) The table of sections at the beginning of chapter 55 of
such title is amended by striking the item relating to section 1075.
(b) CONFORMING AMENDMENT REGARDING MILITARY-CIVILIAN
HEALTH SERVICES PARTNERSHIP PROGRAM.—Section 1096(c) of such
title is amended—
(1) by inserting ‘‘who is a dependent’’ after ‘‘covered bene-
ficiary’’; and
(2) by striking ‘‘shall pay’’ and all that follows through
the period at the end of paragraph (2) and inserting ‘‘shall
pay the charges prescribed by section 1078 of this title.’’.
Subtitle B—Bonuses and Special and
Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES FOR RESERVE FORCES.
(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(g)
of title 37, United States Code, is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2005’’.
(b) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e)
of such title is amended by striking ‘‘December 31, 2004’’ and
inserting ‘‘December 31, 2005’’.
(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN
HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended
by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’.
(d) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e)
of such title is amended by striking ‘‘December 31, 2004’’ and
inserting ‘‘December 31, 2005’’.
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118 STAT. 1947
PUBLIC LAW 108–375—OCT. 28, 2004
(e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.—
Section 308h(g) of such title is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2005’’.
(f) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f ) of such
title is amended by striking ‘‘December 31, 2004’’ and inserting
‘‘December 31, 2005’’.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES FOR CERTAIN HEALTH CARE PROFES-
SIONALS.
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section
2130a(a)(1) of title 10, United States Code, is amended by striking
‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’.
(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section
16302(d) of such title is amended by striking ‘‘January 1, 2005’’
and inserting ‘‘January 1, 2006’’.
(c) ACCESSION
BONUS
FOR
REGISTERED
NURSES.—Section
302d(a)(1) of title 37, United States Code, is amended by striking
‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’.
(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section
302e(a)(1) of such title is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2005’’.
(e) SPECIAL PAY
FOR SELECTED RESERVE HEALTH PROFES-
SIONALS
IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section
302g(f ) of such title is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2005’’.
(f) 
ACCESSION
BONUS
FOR
DENTAL
OFFICERS.—Section
302h(a)(1) of such title is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2005’’.
(g) ACCESSION
BONUS
FOR
PHARMACY
OFFICERS.—Section
302j(a) of such title is amended by striking ‘‘the date of the enact-
ment of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 and ending on September 30, 2004’’ and
inserting ‘‘October 30, 2000, and ending on December 31, 2005’’.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING
PERIOD
OF ACTIVE SERVICE.—Section 312(e) of title 37, United
States Code, is amended by striking ‘‘December 31, 2004’’ and
inserting ‘‘December 31, 2005’’.
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of
such title is amended by striking ‘‘December 31, 2004’’ and inserting
‘‘December 31, 2005’’.
(c) NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section
312c(d) of such title is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2005’’.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of
title 37, United States Code, is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2005’’.
(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) of such title
is amended by striking ‘‘December 31, 2005’’ and inserting
‘‘December 31, 2006’’.
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PUBLIC LAW 108–375—OCT. 28, 2004
(c) REENLISTMENT
BONUS
FOR
ACTIVE
MEMBERS.—Section
308(g) of such title is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2005’’.
(d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 309(e)
of such title is amended by striking ‘‘December 31, 2004’’ and
inserting ‘‘December 31, 2005’’.
(e) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY
SKILLS.—Section 323(i) of such title is amended by striking
‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’.
(f) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.—
Section 324(g) of such title is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2005’’.
SEC. 615. AUTHORITY TO PROVIDE HAZARDOUS DUTY INCENTIVE PAY
TO MILITARY FIREFIGHTERS.
Section 301 of title 37, United States Code, is amended—
(1) in subsection (d), by inserting ‘‘(1)’’ after ‘‘(d)’’;
(2) by redesignating subsection (e) as paragraph (2) of
subsection (d); and
(3) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) A member of a uniformed service who is entitled to basic
pay may be paid incentive pay under this subsection, at a monthly
rate not to exceed $150, for any month during which the member
performs duty involving regular participation as a firefighting crew
member, as determined by the Secretary concerned.’’.
SEC. 616. REDUCED SERVICE OBLIGATION FOR NURSES RECEIVING
NURSE ACCESSION BONUS.
(a) PERIOD OF OBLIGATED SERVICE.—Section 302d(a)(1) of title
37, United States Code, is amended by striking ‘‘four years’’ and
inserting ‘‘three years’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to agreements entered into under section
302d of title 37, United States Code, on or after the date of the
enactment of this Act.
SEC. 617. ASSIGNMENT INCENTIVE PAY.
(a) DISCRETIONARY WRITTEN AGREEMENTS.—Subsection (b) of
section 307a of title 37, United States Code, is amended to read
as follows:
‘‘(b) WRITTEN
AGREEMENT.—The Secretary concerned may
require a member performing service in an assignment designated
under subsection (a) to enter into a written agreement with the
Secretary in order to qualify for incentive pay under this section.
The written agreement shall specify the period for which the incen-
tive pay will be paid to the member and, subject to subsection
(c), the monthly rate of the incentive pay.’’.
(b) DISCONTINUATION
UPON
COMMENCEMENT
OF
TERMINAL
LEAVE.—Subsection (e) of such section is amended by striking ‘‘by
reason of’’ and all that follows through the period at the end
and inserting ‘‘by reason of—
‘‘(1) temporary duty performed by the member pursuant
to orders; or
‘‘(2) absence of the member for authorized leave, other
than leave authorized for a period ending upon the discharge
of the member or the release of the member from active duty.’’.
37 USC 302d
note.
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(c) EFFECTIVE DATE.—Paragraph (2) of section 307a(e) of title
37, United States Code, as added by subsection (b), shall apply
with respect to authorized leave occurring on or after the date
of the enactment of this Act.
SEC. 618. MODIFICATION OF ACTIVE AND RESERVE COMPONENT
REENLISTMENT AND ENLISTMENT BONUS AUTHORITIES.
(a) ACTIVE-DUTY REENLISTMENT BONUS.—(1) Paragraph (1) of
subsection (a) of section 308 of title 37, United States Code, is
amended—
(A) in the matter preceding subparagraph (A), by striking
‘‘A member’’ and inserting ‘‘The Secretary concerned may pay
a bonus under paragraph (2) to a member’’;
(B) in subparagraph (A), by striking ‘‘fourteen years’’ and
inserting ‘‘16 years’’;
(C) in subparagraph (D), by striking the semicolon at the
end and inserting a period; and
(D) by striking ‘‘may be paid a bonus as provided in para-
graph (2).’’.
(2) Paragraph (3) of such subsection is amended by striking
‘‘16 years’’ and inserting ‘‘18 years’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—(1) Subsection
(a) of section 308b of title 37, United States Code, is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘An enlisted member’’ and inserting ‘‘The Secretary concerned
may pay a bonus under subsection (b) to an enlisted member’’;
(B) in paragraph (1), by striking ‘‘less than 14 years’’ and
inserting ‘‘not more than 16 years’’;
(C) in paragraph (2), by striking the semicolon at the
end and inserting a period; and
(D) by striking ‘‘may be paid a bonus as provided in sub-
section (b).’’.
(2) Subsection (b)(1) of such section is amended—
(A) in subparagraph (A), by striking ‘‘$5,000’’ and inserting
‘‘$15,000’’;
(B) in subparagraph (B), by striking ‘‘$2,500’’ and inserting
‘‘$7,500’’; and
(C) in subparagraph (C), by striking ‘‘$2,000’’ and inserting
‘‘$6,000’’.
(3) Paragraph (2) of subsection (b) of such section is amended
to read as follows:
‘‘(2) Bonus payments authorized under this section may be
paid in either a lump sum or in installments. If the bonus is
paid in installments, the initial payment shall be not less than
50 percent of the total bonus amount. The Secretary concerned
shall prescribe the amount of each subsequent installment payment
and the schedule for making the installment payments.’’.
(4) Subsection (c) of such section is amended—
(A) in the subsection heading, by striking ‘‘; LIMITATION
ON NUMBER OF BONUSES’’; and
(B) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2).
(c) SELECTED RESERVE ENLISTMENT BONUS.—(1) Subsection (b)
of section 308c of title 37, United States Code, is amended by
striking ‘‘$8,000’’ and inserting ‘‘$10,000’’.
(2) Subsection (f) of such section is amended to read as follows:
37 USC 307a
note.
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‘‘(f) A member entitled to a bonus under this section who
is called or ordered to active duty shall be paid, during that period
of active duty, any amount of the bonus that becomes payable
to the member during that period of active duty.’’.
(d) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT
PRIOR SERVICE.—Section 308g(b) of title 37, United States Code,
is amended—
(1) by striking ‘‘$1,000’’ and inserting ‘‘$3,000’’; and
(2) by adding at the end the following new sentence: ‘‘A
person entitled to a bonus under this section who is called
or ordered to active duty shall be paid, during that period
of active duty, any amount of the bonus that becomes payable
to the member during that period of active duty.’’.
(e) PRIOR SERVICE READY RESERVE BONUS.—Section 308h(b)
of title 37, United States Code, is amended—
(1) in paragraph (2)(A), by striking ‘‘$1,500’’ and inserting
‘‘$3,000’’;
(2) in paragraph (2)(B), by striking ‘‘$750’’ and inserting
‘‘$1,500’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) A person entitled to a bonus under this section who is
called or ordered to active duty shall be paid, during that period
of active duty, any amount of the bonus that becomes payable
to the member during that period of active duty.’’.
(f) 
PRIOR
SERVICE
ENLISTMENT
BONUS
FOR
SELECTED
RESERVE.—(1) Subsection (a)(2)(A) of section 308i of title 37, United
States Code, is amended by striking ‘‘less than 14 years’’ and
inserting ‘‘not more than 16 years’’.
(2) Paragraph (1) of subsection (b) of such section is amended—
(A) in subparagraph (A), by striking ‘‘$8,000’’ and inserting
‘‘$15,000’’;
(B) in subparagraph (B), by striking ‘‘$4,000’’ and inserting
‘‘$7,500’’; and
(C) in subparagraph (C), by striking ‘‘$3,500’’ and inserting
‘‘$6,000’’.
(3) Such subsection is further amended by adding at the end
the following new paragraph:
‘‘(3) A person entitled to a bonus under this section who is
called or ordered to active duty shall be paid, during that period
of active duty, any amount of the bonus that becomes payable
to the member during that period of active duty.’’.
(g) EFFECTIVE DATE.—The amendment made by subsection
(a)(2) shall apply only with respect to the computation of a bonus
under section 308(a)(2)(A) of title 37, United States Code, made
on or after the date of the enactment of this Act.
SEC. 619. BONUS FOR CERTAIN INITIAL SERVICE OF OFFICERS IN
THE SELECTED RESERVE.
(a) AUTHORITY.—Chapter 5 of title 37, United States Code,
is amended by inserting after section 308i the following new section:
‘‘§ 308j. Special pay: bonus for certain initial service of offi-
cers in the Selected Reserve
‘‘(a) AFFILIATION BONUS.—(1) The Secretary concerned may pay
an affiliation bonus under this section to an eligible officer in
any of the armed forces who enters into an agreement with the
Secretary to serve, for the period specified in the agreement, in
37 USC 308 note.
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the Selected Reserve of the Ready Reserve of an armed force under
the Secretary’s jurisdiction—
‘‘(A) in a critical officer skill designated under paragraph
(3); or
‘‘(B) to meet a manpower shortage in—
‘‘(i) a unit of that Selected Reserve; or
‘‘(ii) a particular pay grade in that armed force.
‘‘(2) An officer is eligible for an affiliation bonus under this
section if the officer—
‘‘(A) either—
‘‘(i) is serving on active duty for a period of more
than 30 days; or
‘‘(ii) is a member of a reserve component not on active
duty and, if the member formerly served on active duty,
was released from active duty under honorable conditions;
‘‘(B) has not previously served in the Selected Reserve
of the Ready Reserve; and
‘‘(C) is not entitled to receive retired or retainer pay.
‘‘(3)(A) The Secretary concerned shall designate for an armed
force under the Secretary’s jurisdiction the critical officer skills
to which the bonus authority under this subsection is to be applied.
‘‘(B) A skill may be designated as a critical officer skill for
an armed force under subparagraph (A) if, to meet requirements
of that armed force, it is critical for that armed force to have
a sufficient number of officers who are qualified in that skill.
‘‘(4) An affiliation bonus payable pursuant to an agreement
under this section to an eligible officer accrues on the date on
which the person is assigned to a unit or position in the Selected
Reserve pursuant to such agreement.
‘‘(b) ACCESSION BONUS.—(1) The Secretary concerned may pay
an accession bonus under this section to an eligible person who
enters into an agreement with the Secretary—
‘‘(A) to accept an appointment as an officer in the armed
forces; and
‘‘(B) to serve in the Selected Reserve of the Ready Reserve
in a skill designated under paragraph (2) for a period specified
in the agreement.
‘‘(2)(A) The Secretary concerned shall designate for an armed
force under the Secretary’s jurisdiction the officer skills to which
the authority under this subsection is to be applied.
‘‘(B) A skill may be designated for an armed force under
subparagraph (A) if, to mitigate a current or projected significant
shortage of personnel in that armed force who are qualified in
that skill, it is critical to increase the number of persons accessed
into that armed force who are qualified in that skill or are to
be trained in that skill.
‘‘(3) An accession bonus payable to a person pursuant to an
agreement under this section accrues on the date on which that
agreement is accepted by the Secretary concerned.
‘‘(c) PERIOD OF OBLIGATED SERVICE.—An agreement entered
into with the Secretary concerned under this section shall require
the person entering into that agreement to serve in the Selected
Reserve for a specified period. The period specified in the agreement
shall be any period not less than three years that the Secretary
concerned determines appropriate to meet the needs of the reserve
component in which the service is to be performed.
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‘‘(d) AMOUNT.—The amount of a bonus under this section may
be any amount not in excess of $6,000 that the Secretary concerned
determines appropriate.
‘‘(e) PAYMENT.—(1) Upon acceptance of a written agreement
by the Secretary concerned under this section, the total amount
of the bonus payable under the agreement becomes fixed. The
agreement shall specify whether the bonus is to be paid in one
lump sum or in installments.
‘‘(2) A person entitled to a bonus under this section who is
called or ordered to active duty shall be paid, during that period
of active duty, any amount of the bonus that becomes payable
to the member during that period of active duty.
‘‘(f) RELATION TO OTHER ACCESSION BONUS AUTHORITY.—A per-
son may not receive an affiliation bonus or accession bonus under
this section and financial assistance under chapter 1608, 1609,
or 1611 of title 10, or under section 302g of this title, for the
same period of service.
‘‘(g) REPAYMENT
FOR FAILURE TO COMMENCE
OR COMPLETE
OBLIGATED SERVICE.—(1) A person who, after receiving all or part
of the bonus under an agreement entered into by that person
under this section, does not accept a commission or an appointment
as an officer or does not commence to participate or does not
satisfactorily participate in the Selected Reserve for the total period
of service specified in the agreement shall repay to the United
States such compensation or benefit, except under conditions pre-
scribed by the Secretary concerned.
‘‘(2) The Secretary concerned shall include in each agreement
entered into by the Secretary under this section the requirements
that apply for any repayment under this subsection, including the
method for computing the amount of the repayment and any excep-
tions.
‘‘(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
A discharge in bankruptcy under title 11 that is entered less than
five years after the termination of an agreement entered into under
this section does not discharge a person from a debt arising under
an agreement entered into under this subsection or a debt arising
under paragraph (1).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 308i the following new item:
‘‘308j. Special pay: bonus for certain initial service of officers in the Selected Re-
serve.’’.
SEC. 620. REVISION OF AUTHORITY TO PROVIDE FOREIGN LANGUAGE
PROFICIENCY PAY.
(a) IN GENERAL.—(1) Section 316 of title 37, United States
Code, is amended to read as follows:
‘‘§ 316. Special pay and bonus for members with foreign lan-
guage proficiency
‘‘(a) AVAILABILITY OF SPECIAL PAY.—Subject to subsection (c),
the Secretary concerned may pay monthly special pay under this
section to a member of the uniformed services who is entitled
to basic pay under section 204 of this title and who—
‘‘(1) is qualified in a uniformed services specialty requiring
proficiency in a foreign language identified by the Secretary
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concerned as a foreign language in which it is necessary to
have personnel proficient because of national defense or public
health considerations;
‘‘(2) received training, under regulations prescribed by the
Secretary concerned, designed to develop a proficiency in such
a foreign language;
‘‘(3) is assigned to duties requiring a proficiency in such
a foreign language; or
‘‘(4) is proficient in a foreign language for which the uni-
formed service may have a critical need, as determined by
the Secretary concerned.
‘‘(b) AVAILABILITY OF BONUS.—Subject to subsection (c), the
Secretary concerned may pay an annual bonus under this section
to a member of a reserve component who satisfies the eligibility
requirements specified in paragraph (1), (2), (3), or (4) of subsection
(a).
‘‘(c) CERTIFICATION OF PROFICIENCY.—To be eligible to receive
special pay or a bonus under this section, a member described
in subsection (a) or (b) must be certified by the Secretary concerned
as being proficient in the foreign language for which the special
pay or bonus is offered. The certification of the member shall
expire at the end of the one-year period beginning on the first
day of the first month beginning on or after the certification date.
‘‘(d) SPECIAL PAY AND BONUS AMOUNTS.—(1) The monthly rate
for special pay paid under subsection (a) may not exceed $1,000.
‘‘(2) The maximum amount of the bonus paid to a member
under subsection (b) may not exceed $6,000 for the one-year period
covered by the certification of the member. The Secretary concerned
may pay the bonus in a single lump sum at the beginning of
the certification period or in installments during the certification
period.
‘‘(e) RELATIONSHIP TO OTHER PAY OR ALLOWANCE.—(1) Except
as provided in paragraph (2), special pay or a bonus paid under
this section is in addition to any other pay or allowance payable
to a member under any other provision of law.
‘‘(2) If a member of a reserve component serving on active
duty receives special pay under subsection (a) for any month occur-
ring during a certification period in which the member received,
or is receiving, a bonus under subsection (b), the amount of the
special pay paid to the member for the month shall be reduced
by an amount equal to 1⁄12 of the bonus amount.
‘‘(f) CERTIFICATION
INTERRUPTED
BY
CONTINGENCY
OPER-
ATION.—(1) Notwithstanding subsection (c), the Secretary concerned
may waive the certification requirement under such subsection
and pay monthly special pay or a bonus under this section to
a member who—
‘‘(A) is assigned to duty in connection with a contingency
operation;
‘‘(B) is unable to schedule or complete the certification
required by subsection (c) because of that assignment; and
‘‘(C) except for the lack of such certification, satisfies the
eligibility requirements for receipt of special pay under sub-
section (a) or a bonus under subsection (b), whichever applies
to the member.
‘‘(2) For purposes of providing an annual bonus to a member
under the authority of this subsection, the Secretary concerned
may treat the date on which the member was assigned to duty
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in connection with the contingency operation as equivalent to a
certification date. In the case of a member whose certification
will expire during such a duty assignment, the Secretary shall
commence the next one-year certification period on the date on
which the prior certification period expires.
‘‘(3) A member who is paid special pay or a bonus under
the authority of this subsection shall complete the certification
required by subsection (c) for the foreign language for which the
special pay or bonus was paid not later than the end of the 180-
day period beginning on the date on which the member is released
from the assignment in connection with the contingency operation.
The Secretary concerned may extend that period for a member
in accordance with regulations prescribed under subsection (h).
‘‘(4) If a member fails to obtain the required certification under
subsection (c) before the end of the period provided under paragraph
(3), the Secretary concerned may require the member to repay
all or a portion of the bonus in the manner provided in subsection
(g).
‘‘(g) REPAYMENT OF BONUS.—(1) The Secretary concerned may
require a member who receives a bonus under this section, but
who does not satisfy an eligibility requirement specified in para-
graph (1), (2), (3), or (4) of subsection (a) for the entire certification
period, to repay to the United States an amount which bears the
same ratio to the total amount of the bonus paid to the member
as the unsatisfied portion of the certification period bears to the
entire certification period.
‘‘(2) An obligation to repay the United States imposed under
paragraph (1) or subsection (f)(4) is for all purposes a debt owed
to the United States. A discharge in bankruptcy under title 11
that is entered for the member less than five years after the
expiration of the certification period does not discharge the member
from a debt arising under this paragraph. This paragraph applies
to any case commenced under title 11 after the date of the enact-
ment of this section.
‘‘(h) REGULATIONS.—This section shall be administered under
regulations prescribed by the Secretary of Defense for the armed
forces under the jurisdiction of the Secretary, by the Secretary
of Homeland Security for the Coast Guard when the Coast Guard
is not operating as a service in the Navy, by the Secretary of
Health and Human Services for the Commissioned Corps of the
Public Health Service, and by the Secretary of Commerce for the
National Oceanic and Atmospheric Administration.’’.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the item relating to section 316
and inserting the following new item:
‘‘316. Special pay and bonus for members with foreign language proficiency.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 316a of title 37,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the item relating to section 316a.
SEC. 621. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY FOR CRIT-
ICAL SKILLS RETENTION BONUS WHILE SERVING ON
INDEFINITE REENLISTMENT.
Section 323(a) of title 37, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1);
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(2) in paragraph (2)—
(A) by inserting ‘‘other than an enlisted member
referred to in paragraph (3),’’ after ‘‘enlisted member,’’;
and
(B) by striking the period at the end and inserting
‘‘; or’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) in the case of an enlisted member serving pursuant
to an indefinite reenlistment, the member executes a written
agreement to remain on active duty for a period of at least
one year.’’.
SEC. 622. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR
INCENTIVE BONUS FOR CONVERSION TO MILITARY
OCCUPATIONAL 
SPECIALTY 
TO 
EASE 
PERSONNEL
SHORTAGE.
(a) ELIGIBILITY.—Section 326 of title 37, United States Code,
is amended—
(1) in subsection (a), by inserting ‘‘of a regular or reserve
component’’ after ‘‘an eligible member’’;
(2) in subsection (b)—
(A) by striking ‘‘if—’’ and all that follows through ‘‘at
the time’’ and inserting ‘‘if, at the time’’; and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(3) in subsection (c)(2), by inserting ‘‘regular or reserve
component of the’’ after ‘‘chief personnel officer of the’’.
(b) AMOUNT OF BONUS.—Subsection (c)(1) of such section is
amended by inserting before the period at the end the following:
‘‘, in the case of a member of a regular component of the armed
forces, and $2,000, in the case of a member of a reserve component
of the armed forces’’.
SEC. 623. PERMANENT INCREASE IN AUTHORIZED AMOUNTS FOR
IMMINENT DANGER SPECIAL PAY AND FAMILY SEPARA-
TION ALLOWANCE.
(a) IMMINENT DANGER PAY.—(1) Subsection (e) of section 310
of title 37, United States Code, is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2005’’.
(2) Effective January 1, 2006, such section is further amended—
(A) in subsection (a), by striking ‘‘$150’’ and inserting
‘‘$225’’; and
(B) by striking subsection (e).
(b) FAMILY SEPARATION ALLOWANCE.—(1) Subsection (e) of sec-
tion 427 of such title is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2005’’.
(2) Effective January 1, 2006, such section is further amended—
(A) in subsection (a)(1), by striking ‘‘$100’’ and inserting
‘‘$250’’; and
(B) by striking subsection (e).
Effective dates.
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Subtitle C—Travel and Transportation
Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY
MEMBERS TO ATTEND BURIAL CEREMONY OR MEMORIAL
SERVICE OF MEMBER WHO DIES ON DUTY.
(a) AUTHORIZED TRAVEL DESTINATIONS.—Subsection (a)(1) of
section 411f of title 37, United States Code, is amended by inserting
before the period at the end the following: ‘‘at the location deter-
mined under subsection (a)(8) of section 1482 of title 10 or attend
a memorial service for the deceased member, under circumstances
covered by subsection (d) of such section’’.
(b) LIMITATION ON AMOUNT.—Subsection (b) of such section
is amended to read as follows:
‘‘(b) LIMITATION ON AMOUNT.—Allowances for travel under sub-
section (a) may not exceed the rates for two days and the time
necessary for such travel.’’.
(c) UNCONDITIONAL ELIGIBILITY OF DECEASED’S PARENTS.—Sub-
section (c)(1)(C) of such section is amended by striking ‘‘If no person
described in subparagraph (A) or (B) is provided travel and
transportation allowances under subsection (a)(1), the’’ and
inserting ‘‘The’’.
SEC. 632. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO
SERIOUS ILLNESS OR INJURY OF MEMBERS OF THE UNI-
FORMED SERVICES.
(a) REMOVAL
OF LIMITATION
ON NUMBER
OF FAMILY MEM-
BERS.—Subsection (a)(1) of section 411h of title 37, United States
Code, is amended—
(1) by striking ‘‘two family members’’ and inserting ‘‘three
family members’’; and
(2) by adding at the end the following new sentence: ‘‘In
circumstances determined to be appropriate by the Secretary
concerned, the Secretary may waive the limitation on the
number of family members provided travel and transportation
under this section.’’.
(b) AVAILABILITY
OF
PER
DIEM.—Such section is further
amended—
(1) in subsection (a)(1), by inserting ‘‘travel and’’ before
‘‘transportation’’; and
(2) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) In addition to the transportation authorized by subsection
(a), the Secretary concerned may provide a per diem allowance
or reimbursement for the actual and necessary expenses of the
travel, or a combination thereof, but not to exceed the rates estab-
lished under section 404(d) of this title.’’.
(c) EFFECTIVE DATE.—Section 411h of title 37, United States
Code, as amended by this section, shall apply to travel and transpor-
tation authorized under such section that is provided on or after
October 1, 2004, to family members of a member of the Armed
Forces who is ill or injured as described in such section.
37 USC 411h
note.
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SEC. 633. REIMBURSEMENT FOR CERTAIN LODGING COSTS INCURRED
IN CONNECTION WITH DEPENDENT STUDENT TRAVEL.
Section 430(b) of title 37, United States Code, is amended—
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) The allowance authorized under paragraph (1) for the
travel of an eligible dependent may include reimbursement for
costs incurred by or on behalf of the dependent for lodging of
the dependent that is necessitated by an interruption in the travel
caused by extraordinary circumstances prescribed in the regulations
under subsection (a). The amount of the reimbursement shall be
determined using the rate applicable to such circumstances.’’.
Subtitle D—Retired Pay and Survivor
Benefits
SEC. 641. COMPUTATION OF HIGH-36 MONTH AVERAGE FOR RESERVE
COMPONENT MEMBERS RETIRED FOR DISABILITY WHILE
ON ACTIVE DUTY OR DYING WHILE ON ACTIVE DUTY.
(a) COMPUTATION OF HIGH-36 MONTH AVERAGE.—Subsection
(c) of section 1407 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) SPECIAL RULE FOR RESERVE COMPONENT MEMBERS.—
In the case of a member of a reserve component who is entitled
to retired pay under section 1201 or 1202 of this title, the
member’s high-three average (notwithstanding paragraphs (1)
and (2)) is computed in the same manner as prescribed in
paragraphs (2) and (3) of subsection (d) for a member entitled
to retired pay under section 1204 or 1205 of this title.’’.
(b) EFFECTIVE DATE.—Paragraph (3) of section 1407(c) of title
10, United States Code, as added by subsection (a), shall take
effect—
(1) for purposes of determining an annuity under sub-
chapter II or III of chapter 73 of that title, with respect to
deaths on active duty on or after September 10, 2001; and
(2) for purposes of determining the amount of retired pay
of a member of a reserve component entitled to retired pay
under section 1201 or 1202 of such title, with respect to such
entitlement that becomes effective on or after the date of the
enactment of this Act.
SEC. 642. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT OF
RETIRED PAY AND VETERANS’ DISABILITY COMPENSA-
TION FOR MILITARY RETIREES WITH SERVICE-CON-
NECTED DISABILITIES RATED AS 100 PERCENT.
(a) TERMINATION OF PHASE-IN AT END OF 2004.—Subsection
(a)(1) of section 1414 of title 10, United States Code, is amended
by inserting before the period at the end the following: ‘‘, except
that in the case of a qualified retiree receiving veterans’ disability
compensation for a disability rated as 100 percent, payment of
retired pay to such veteran is subject to subsection (c) only during
the period beginning on January 1, 2004, and ending on December
31, 2004’’.
10 USC 1407
note.
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PUBLIC LAW 108–375—OCT. 28, 2004
(b) CONFORMING AMENDMENT.—Subsection (c) of such section
is amended in the matter preceding paragraph (1) by inserting
‘‘that pursuant to the second sentence of subsection (a)(1) is subject
to this subsection’’ after ‘‘a qualified retiree’’.
SEC. 643. DEATH BENEFITS ENHANCEMENT.
(a) ACTIONS ON FISCAL YEAR 2004 DEATH BENEFITS STUDY.—
(1) The Secretary of Defense shall expedite the completion and
submission of the report, which was due on March 1, 2004, of
the results of the study of the Federal death benefits for survivors
of deceased members of the Armed Forces required by section
647(b) of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108–136; 117 Stat. 1520).
(2) The President should promptly transmit to Congress any
recommendation for legislation, together with a request for appro-
priations, that the President determines necessary to implement
any death benefits enhancements that are recommended in the
report referred to in paragraph(1).
(b) 
INCREASES
OF
DEATH
GRATUITY
CONSISTENT
WITH
INCREASES OF RATES OF BASIC PAY.—Section 1478 of title 10, United
States Code, is amended—
(1) in subsection (a), by inserting ‘‘(as adjusted under sub-
section (c))’’ before the period at the end of the first sentence;
and
(2) by adding at the end the following new subsection:
‘‘(c) Effective on the date on which rates of basic pay under
section 204 of title 37 are increased under section 1009 of that
title or any other provision of law, the amount of the death gratuity
in effect under subsection (a) shall be increased by the same overall
average percentage of the increase in the rates of basic pay taking
effect on that date.’’.
(c) FISCAL YEAR 2005 ACTIONS.—At the same time that the
President transmits to Congress the budget for fiscal year 2006
under section 1105(a) of title 31, United States Code, the President
shall transmit to Congress assessments and recommendations
regarding legislation on proposals that would provide enhanced
death benefits for survivors of deceased members of the uniformed
services. Those assessments and recommendations regarding legis-
lation shall include provisions for the following:
(1) Revision of the Servicemembers’ Group Life Insurance
program under chapter 19 of title 38, United States Code,
to provide for—
(A) an increase in the maximum benefit amount pro-
vided under that program from $250,000 to $350,000;
(B) an increase, each fiscal year, in that maximum
benefit amount by the same overall average percentage
increase that takes effect during such fiscal year in the
rates of basic pay under section 204 of title 37, United
States Code; and
(C) a minimum benefit amount of $100,000 at no cost
to the insured members of the uniformed services who
elect the maximum coverage, together with an increase
in such minimum benefit each fiscal year by the same
percentage increase as is described in subparagraph (B).
(2) An additional set of death benefits for each member
of the uniformed services who dies in the line of duty while
President.
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on active duty that includes, at a minimum, an additional
death gratuity in the amount that—
(A) in the case of a member not described in subpara-
graph (B), is equal to the sum of—
(i) the total amount of the basic pay to which
the deceased member would have been entitled under
section 204 of title 37, United States Code, if the
member had not died and had continued to serve on
active duty for an additional year; and
(ii) the total amount of all allowances and special
pays that the member would have been entitled to
receive under title 37, United States Code, over the
one-year period beginning on the member’s date of
death as if the member had not died and had continued
to serve on active duty for an additional year with
the unit to which the member was assigned or detailed
on such date; and
(B) in the case of a member who dies as a result
of an injury caused by or incurred while exposed to hostile
action (including any hostile fire or explosion and any
hostile action from a terrorist source), is equal to twice
the amount calculated under subparagraph (A).
(3) Any other new death benefits or enhancement of
existing death benefits that the President recommends.
(4) Retroactive applicability of the benefits referred to in
paragraph (2) and, as appropriate, the benefits recommended
under paragraph (3) so as to provide the benefits—
(A) for members of the uniformed services who die
in line of duty on or after October 7, 2001, of a cause
incurred or aggravated while deployed in support of Oper-
ation Enduring Freedom; and
(B) for members of the uniformed services who die
in line of duty on or after March 19, 2003, of a cause
incurred or aggravated while deployed in support of Oper-
ation Iraqi Freedom.
(d) CONSULTATION.—The President shall consult with the Sec-
retary of Defense and the Secretary of Veterans Affairs in devel-
oping the assessments and recommendations required under sub-
section (c).
(e) FISCAL YEAR 2006 BUDGET SUBMISSION.—The budget for
fiscal year 2006 that is transmitted to Congress under section
1105(a) of title 31, United States Code, shall include assessments
and recommendations on legislation (other than draft appropria-
tions) that includes provisions that, on the basis of the assumption
that any draft legislation transmitted under subsection (c) would
be enacted and would take effect in fiscal year 2006—
(1) would offset fully the increased outlays that would
result from enactment of the provisions of any draft legislation
transmitted under subsection (c), for fiscal year 2006 and each
of the succeeding nine fiscal years;
(2) expressly state that they are proposed for the purpose
of the offset described in paragraph (1); and
(3) are included in full in the estimates that are made
by the Director of the Congressional Budget Office and the
Director of the Office of Management and Budget under section
252(d) of the Balanced Budget and Emergency Deficit Control
President.
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118 STAT. 1960
PUBLIC LAW 108–375—OCT. 28, 2004
Act of 1985 (2 U.S.C. 902(d)) with respect to the fiscal years
referred to in paragraph (1).
(f) EARLY SUBMISSION OF PROPOSAL FOR ADDITIONAL DEATH
BENEFITS.—Congress urges the President to transmit any draft
of legislation for the additional set of death benefits under para-
graph (2) of subsection (c) before the time for submission required
under that subsection and as soon as is practicable after the date
of the enactment of this Act.
SEC. 644. PHASED ELIMINATION OF TWO-TIER ANNUITY COMPUTATION
FOR SURVIVING SPOUSES UNDER SURVIVOR BENEFIT
PLAN.
(a) PHASED INCREASE IN BASIC ANNUITY.—
(1) STANDARD ANNUITY.—
(A) INCREASE TO 55 PERCENT.—Clause (i) of subsection
(a)(1)(B) of section 1451 of title 10, United States Code,
is amended by striking ‘‘35 percent of the base amount.’’
and inserting ‘‘the product of the base amount and the
percent applicable to the month, as follows:
‘‘(I) For a month before October 2005, the
applicable percent is 35 percent.
‘‘(II) For months after September 2005 and before
April 2006, the applicable percent is 40 percent.
‘‘(III) For months after March 2006 and before
April 2007, the applicable percent is 45 percent.
‘‘(IV) For months after March 2007 and before
April 2008, the applicable percent is 50 percent.
‘‘(V) For months after March 2008, the applicable
percent is 55 percent.’’.
(B) COORDINATION
WITH
SAVINGS
PROVISION
UNDER
PRIOR LAW.—Clause (ii) of such subsection is amended by
striking ‘‘, at the time the beneficiary becomes entitled
to the annuity,’’.
(2) 
RESERVE-COMPONENT
ANNUITY.—Subsection
(a)(2)(B)(i)(I) of such section is amended by striking ‘‘35 percent’’
and inserting ‘‘the percent specified under subsection (a)(1)(B)(i)
as being applicable for the month’’.
(3) SURVIVORS OF ELIGIBLE PERSONS DYING ON ACTIVE DUTY,
ETC.—
(A) INCREASE TO 55 PERCENT.—Clause (i) of subsection
(c)(1)(B) of such section is amended—
(i) by striking ‘‘35 percent’’ and inserting ‘‘the
applicable percent’’; and
(ii) by adding at the end the following: ‘‘The percent
applicable for a month under the preceding sentence
is the percent specified under subsection (a)(1)(B)(i)
as being applicable for that month.’’.
(B) COORDINATION
WITH
SAVINGS
PROVISION
UNDER
PRIOR LAW.—Clause (ii) of such subsection is amended by
striking ‘‘, at the time the beneficiary becomes entitled
to the annuity,’’.
(4) CLERICAL
AMENDMENT.—The heading for subsection
(d)(2)(A) of such section is amended to read as follows: ‘‘COM-
PUTATION OF ANNUITY.—’’.
(b) CORRESPONDING PHASED ELIMINATION OF SUPPLEMENTAL
ANNUITY.—
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PUBLIC LAW 108–375—OCT. 28, 2004
(1) PHASED REDUCTION OF SUPPLEMENTAL ANNUITY.—Sec-
tion 1457(b) of title 10, United States Code, is amended—
(A) by striking ‘‘5, 10, 15, or 20 percent’’ and inserting
‘‘the applicable percent’’; and
(B) by inserting after the first sentence the following:
‘‘The percent used for the computation shall be an even
multiple of 5 percent and, whatever the percent specified
in the election, may not exceed 20 percent for months
before October 2005, 15 percent for months after September
2005 and before April 2006, 10 percent for months after
March 2006 and before April 2007, and 5 percent for
months after March 2007 and before April 2008.’’.
(2) REPEAL
UPON
IMPLEMENTATION
OF
55
PERCENT
SBP
ANNUITY.—Effective on April 1, 2008, chapter 73 of such title
is amended—
(A) by striking subchapter III; and
(B) by striking the item relating to subchapter III
in the table of subchapters at the beginning of that chapter.
(c) RECOMPUTATION OF ANNUITIES.—
(1) PERIODIC RECOMPUTATION REQUIRED.—Effective on the
first day of each month specified in paragraph (2)—
(A) each annuity under section 1450 of title 10, United
States Code, that commenced before that month, is com-
puted under a provision of section 1451 of that title
amended by subsection (a), and is payable for that month
shall be recomputed so as to be equal to the amount that
would be in effect if the percent applicable for that month
under that provision, as so amended, had been used for
the initial computation of the annuity; and
(B) each supplemental survivor annuity under section
1457 of such title that commenced before that month and
is payable for that month shall be recomputed so as to
be equal to the amount that would be in effect if the
percent applicable for that month under that section, as
amended by this section, had been used for the initial
computation of the supplemental survivor annuity.
(2) TIME
FOR
RECOMPUTATION.—The requirement under
paragraph (1) for recomputation of certain annuities applies
with respect to the following months:
(A) October 2005.
(B) April 2006.
(C) April 2007.
(D) April 2008.
(d) TERMINATION OF RETIRED PAY REDUCTIONS FOR SUPPLE-
MENTAL SURVIVOR ANNUITIES.—(1) Except as provided in paragraph
(2), there shall be no reduction in retired pay under section 1460
of title 10, United States Code, for any month beginning after
the date of the enactment of this Act.
(2) Reductions in retired pay under section 1460 of title 10,
United States Code, shall be made for months after September
2005 in the case of coverage under subchapter III of chapter 73
of title 10, United States Code, that is provided (for new coverage
or increased coverage) through an election under the open season
provided by section 645. The Secretary of Defense shall take such
actions as are necessitated by the amendments made by subsection
(b) and the requirements of subsection (c)(1)(B) to ensure that
reductions in retired pay under section 1460 of title 10, United
10 USC 1460
note.
10 USC 1450
note.
Effective date.
10 USC 1456–
1460, 1460a,
1460b.
Effective date.
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PUBLIC LAW 108–375—OCT. 28, 2004
States Code, pursuant to the preceding sentence are adjusted to
achieve the objectives set forth in subsection (b) of that section.
SEC. 645. ONE-YEAR OPEN ENROLLMENT PERIOD FOR SURVIVOR BEN-
EFIT PLAN COMMENCING OCTOBER 1, 2005.
(a) PERSONS NOT CURRENTLY PARTICIPATING IN SURVIVOR BEN-
EFIT PLAN.—
(1) ELECTION
OF
SBP
COVERAGE.—An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan during the open enrollment period specified in subsection
(f).
(2) ELECTION OF SUPPLEMENTAL ANNUITY COVERAGE.—An
eligible retired or former member who elects under paragraph
(1) to participate in the Survivor Benefit Plan at the maximum
level may also elect during the open enrollment period to
participate in the Supplemental Survivor Benefit Plan.
(3) ELIGIBLE RETIRED OR FORMER MEMBER.—For purposes
of paragraphs (1) and (2), an eligible retired or former member
is a member or former member of the uniformed services who
on the day before the first day of the open enrollment period
is not a participant in the Survivor Benefit Plan and—
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code, but for the fact that
such member or former member is under 60 years of age.
(4) STATUS UNDER SBP OF PERSONS MAKING ELECTIONS.—
(A) STANDARD ANNUITY.—A person making an election
under paragraph (1) by reason of eligibility under para-
graph (3)(A) shall be treated for all purposes as providing
a standard annuity under the Survivor Benefit Plan.
(B) RESERVE-COMPONENT ANNUITY.—A person making
an election under paragraph (1) by reason of eligibility
under paragraph (3)(B) shall be treated for all purposes
as providing a reserve-component annuity under the Sur-
vivor Benefit Plan.
(b) ELECTION TO INCREASE COVERAGE UNDER SBP.—A person
who on the day before the first day of the open enrollment period
is a participant in the Survivor Benefit Plan but is not participating
at the maximum base amount or is providing coverage under the
Plan for a dependent child and not for the person’s spouse or
former spouse may, during the open enrollment period, elect to—
(1) participate in the Plan at a higher base amount (not
in excess of the participant’s retired pay); or
(2) provide annuity coverage under the Plan for the person’s
spouse or former spouse at a base amount not less than the
base amount provided for the dependent child.
(c) ELECTION FOR CURRENT SBP PARTICIPANTS TO PARTICIPATE
IN SUPPLEMENTAL SBP.—
(1) ELECTION.—A person who is eligible to make an election
under this paragraph may elect during the open enrollment
period to participate in the Supplemental Survivor Benefit Plan.
(2) PERSONS ELIGIBLE.—Except as provided in paragraph
(3), a person is eligible to make an election under paragraph
(1) if on the day before the first day of the open enrollment
period the person is a participant in the Survivor Benefit Plan
at the maximum level, or during the open enrollment period
the person increases the level of such participation to the
10 USC 1448
note.
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maximum level under subsection (b) of this section, and under
that Plan is providing annuity coverage for the person’s spouse
or a former spouse.
(3) LIMITATION ON ELIGIBILITY FOR CERTAIN SBP PARTICI-
PANTS NOT AFFECTED BY TWO-TIER ANNUITY COMPUTATION.—
A person is not eligible to make an election under paragraph
(1) if (as determined by the Secretary concerned) the annuity
of a spouse or former spouse beneficiary of that person under
the Survivor Benefit Plan is to be computed under section
1451(e) of title 10, United States Code. However, such a person
may during the open enrollment period waive the right to
have that annuity computed under such section 1451(e). Any
such election is irrevocable. A person making such a waiver
may make an election under paragraph (1) as in the case
of any other participant in the Survivor Benefit Plan.
(d) MANNER OF MAKING ELECTIONS.—An election under this
section shall be made in writing, signed by the person making
the election, and received by the Secretary concerned before the
end of the open enrollment period. Any such election shall be
made subject to the same conditions, and with the same opportuni-
ties for designation of beneficiaries and specification of base amount,
that apply under the Survivor Benefit Plan or the Supplemental
Survivor Benefit Plan, as the case may be. A person making an
election under subsection (a) to provide a reserve-component
annuity shall make a designation described in section 1448(e) of
title 10, United States Code.
(e) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall
be effective as of the first day of the first calendar month following
the month in which the election is received by the Secretary con-
cerned.
(f) OPEN ENROLLMENT PERIOD.—The open enrollment period
under this section is the one-year period beginning on October
1, 2005.
(g) EFFECT OF DEATH OF PERSON MAKING ELECTION WITHIN
TWO YEARS OF MAKING ELECTION.—If a person making an election
under this section dies before the end of the two-year period begin-
ning on the effective date of the election, the election is void and
the amount of any reduction in retired pay of the person that
is attributable to the election shall be paid in a lump sum to
the person who would have been the deceased person’s beneficiary
under the voided election if the deceased person had died after
the end of such two-year period.
(h) APPLICABILITY OF CERTAIN PROVISIONS OF LAW.—The provi-
sions of sections 1449, 1453, and 1454 of title 10, United States
Code, are applicable to a person making an election, and to an
election, under this section in the same manner as if the election
were made under the Survivor Benefit Plan or the Supplemental
Survivor Benefit Plan, as the case may be.
(i) PREMIUM FOR OPEN ENROLLMENT ELECTION.—
(1) PREMIUMS TO BE CHARGED.—The Secretary of Defense
shall prescribe in regulations premiums which a person electing
under this section shall be required to pay for participating
in the Survivor Benefit Plan pursuant to the election. The
total amount of the premiums to be paid by a person under
the regulations shall be equal to the sum of—
(A) the total amount by which the retired pay of the
person would have been reduced before the effective date
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of the election if the person had elected to participate
in the Survivor Benefit Plan (for the same base amount
specified in the election) at the first opportunity that was
afforded the member to participate under chapter 73 of
title 10, United States Code;
(B) interest on the amounts by which the retired pay
of the person would have been so reduced, computed from
the dates on which the retired pay would have been so
reduced at such rate or rates and according to such method-
ology as the Secretary of Defense determines reasonable;
and
(C) any additional amount that the Secretary deter-
mines necessary to protect the actuarial soundness of the
Department of Defense Military Retirement Fund against
any increased risk for the fund that is associated with
the election.
(2) PREMIUMS
TO
BE
CREDITED
TO
RETIREMENT
FUND.—
Premiums paid under the regulations under paragraph (1) shall
be credited to the Department of Defense Military Retirement
Fund.
(h) DEFINITIONS.—In this section:
(1) The term ‘‘Survivor Benefit Plan’’ means the program
established under subchapter II of chapter 73 of title 10, United
States Code.
(2) The term ‘‘Supplemental Survivor Benefit Plan’’ means
the program established under subchapter III of chapter 73
of title 10, United States Code.
(3) The term ‘‘retired pay’’ includes retainer pay paid under
section 6330 of title 10, United States Code.
(4) The terms ‘‘uniformed services’’ and ‘‘Secretary con-
cerned’’ have the meanings given those terms in section 101
of title 37, United States Code.
(5) The term ‘‘Department of Defense Military Retirement
Fund’’ means the Department of Defense Military Retirement
Fund established under section 1461(a) of title 10, United
States Code.
Subtitle 
E—Commissary 
and 
Non-
appropriated Fund Instrumentality Ben-
efits
SEC. 651. CONSOLIDATION AND REORGANIZATION OF LEGISLATIVE
PROVISIONS 
REGARDING 
DEFENSE 
COMMISSARY
SYSTEM AND EXCHANGES AND OTHER MORALE, WEL-
FARE, AND RECREATION ACTIVITIES.
(a) PROVISIONS RELATED TO COMMISSARY STORES.—Chapter 147
of title 10, United States Code, is amended—
(1) by striking the table of sections at the beginning of
the chapter and sections 2481, 2483, 2485, and 2487;
(2) by redesignating sections 2482, 2484, and 2486 as sec-
tions 2485, 2483 and 2484, respectively;
(3) by inserting after the chapter heading the following:
‘‘Subchapter
Sec.
‘‘I. Defense Commissary and Exchange Systems .................................................
2481
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‘‘II. Relationship, Continuation, and Common Policies of Defense Commissary
and Exchange Systems ............................................................................
2487
‘‘III. Morale, Welfare, and Recreation Programs and Nonappropriated Fund
Instrumentalities .....................................................................................
2491
‘‘SUBCHAPTER I—DEFENSE COMMISSARY AND EXCHANGE
SYSTEMS
‘‘Sec.
‘‘2481. Defense commissary and exchange systems: existence and purpose
‘‘2482. Commissary stores: criteria for establishment or closure; store size.
‘‘2483. Commissary stores: use of appropriated funds to cover operating expenses.
‘‘2484. Commissary stores: merchandise that may be sold; uniform surcharges and
pricing.
‘‘2485. Commissary stores: operation.
‘‘§ 2481. Defense commissary and exchange systems: existence
and purpose
‘‘(a) SEPARATE
SYSTEMS.—The Secretary of Defense shall
operate, in the manner provided by this chapter and other provi-
sions of law, a world-wide system of commissary stores and a
separate world-wide system of exchange stores. The stores of each
system may sell, at reduced prices, food and other merchandise
to members of the uniformed services on active duty, members
of the uniformed services entitled to retired pay, dependents of
such members, and persons authorized to use the system under
chapter 54 of this title.
‘‘(b) PURPOSE OF SYSTEMS.—The defense commissary system
and the exchange system are intended to enhance the quality of
life of members of the uniformed services, retired members, and
dependents of such members, and to support military readiness,
recruitment, and retention.
‘‘(c) OVERSIGHT.—(1) The Secretary of Defense shall designate
a senior official of the Department of Defense to oversee the oper-
ation of both the defense commissary system and the exchange
system.
‘‘(2) The Secretary of Defense shall establish an executive gov-
erning body to provide advice to the senior official designated under
paragraph (1) regarding the operation of the defense commissary
and exchange systems and to ensure the complementary operation
of the systems.
‘‘(d) REDUCED PRICES DEFINED.—In this section, the term
‘reduced prices’ means prices for food and other merchandise deter-
mined using the price setting process specified in section 2484
of this title.
‘‘§ 2482. Commissary stores: criteria for establishment or clo-
sure; store size
‘‘(a) PRIMARY CONSIDERATION FOR ESTABLISHMENT.—The needs
of members of the armed forces on active duty and the needs
of dependents of such members shall be the primary consideration
whenever the Secretary of Defense—
‘‘(1) assesses the need to establish a commissary store;
and
‘‘(2) selects the actual location for the store.
‘‘(b) STORE SIZE.—In determining the size of a commissary
store, the Secretary of Defense shall take into consideration the
number of all authorized patrons of the defense commissary system
who are likely to use the store.
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‘‘(c) 
CLOSURE
CONSIDERATIONS.—(1) 
Whenever 
assessing
whether to close a commissary store, the effect of the closure on
the quality of life of members and dependents referred to in sub-
section (a) who use the store and on the welfare and security
of the military community in which the commissary is located
shall be a primary consideration.
‘‘(2) Whenever assessing whether to close a commissary store,
the Secretary of Defense shall also consider the effect of the closure
on the quality of life of members of the reserve components of
the armed forces.
‘‘(d) CONGRESSIONAL NOTIFICATION.—(1) The closure of a com-
missary store shall not take effect until the end of the 90-day
period beginning on the date on which the Secretary of Defense
submits to Congress written notice of the reasons supporting the
closure. The written notice shall include an assessment of the
impact closure will have on the quality of life for military patrons
and the welfare and security of the military community in which
the commissary is located.
‘‘(2) Paragraph (1) shall not apply in the case of the closure
of a commissary store as part of the closure of a military installation
under a base closure law.’’;
(4) by inserting sections 2483 and 2484, as redesignated
by paragraph (2), after section 2482, as added by paragraph
(3);
(5) in section 2484, as redesignated by paragraph (2)—
(A) by striking subsections (a), (b), (c), and (g);
(B) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(C) by inserting before subsection (f), as so redesig-
nated, the following new subsections:
‘‘(a) IN GENERAL.—As provided in section 2481(a) of this title,
commissary stores are intended to be similar to commercial grocery
stores and may sell merchandise similar to that sold in commercial
grocery stores.
‘‘(b) AUTHORIZED COMMISSARY MERCHANDISE CATEGORIES.—
Merchandise sold in, at, or by commissary stores may include
items in the following categories:
‘‘(1) Meat, poultry, seafood, and fresh-water fish.
‘‘(2) Nonalcoholic beverages.
‘‘(3) Produce.
‘‘(4) Grocery food, whether stored chilled, frozen, or at
room temperature.
‘‘(5) Dairy products.
‘‘(6) Bakery and delicatessen items.
‘‘(7) Nonfood grocery items.
‘‘(8) Tobacco products.
‘‘(9) Health and beauty aids.
‘‘(10) Magazines and periodicals.
‘‘(c) INCLUSION OF OTHER MERCHANDISE ITEMS.—(1) The Sec-
retary of Defense may authorize the sale in, at, or by commissary
stores of merchandise not covered by a category specified in sub-
section (b). The Secretary shall notify Congress of all merchandise
authorized for sale pursuant to this paragraph, as well as the
removal of any such authorization.
‘‘(2) Notwithstanding paragraph (1), the Department of Defense
military resale system shall continue to maintain the exclusive
Notification.
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right to operate convenience stores, shopettes, and troop stores,
including such stores established to support contingency operations.
‘‘(3) A military exchange shall be the vendor for the sale of
tobacco products in commissary stores and may be the vendor
for such merchandise as may be authorized for sale in commissary
stores under paragraph (1). Subsections (d) and (e) shall not apply
to the pricing of such an item when a military exchange serves
as the vendor of the item. Commissary store and exchange prices
shall be comparable for such an item.
‘‘(d) UNIFORM SALES PRICE SURCHARGE.—The Secretary of
Defense shall apply a uniform surcharge equal to five percent
on the sales prices established under subsection (e) for each item
of merchandise sold in, at, or by commissary stores.’’;
(D) in subsection (e), as so redesignated, by striking
‘‘(consistent with this section and section 2685 of this title)’’
in paragraph (1);
(E) in subsection (g), as so redesignated, by striking
‘‘Subsections (c) and (d)’’ and inserting ‘‘Subsections (d)
and (e)’’; and
(F) by adding at the end the following new subsection:
‘‘(h) USE OF SURCHARGE FOR CONSTRUCTION, REPAIR, IMPROVE-
MENT, AND MAINTENANCE.—(1)(A) The Secretary of Defense may
use the proceeds from the surcharges imposed under subsection
(d) only—
‘‘(i) to acquire (including acquisition by lease), construct,
convert, expand, improve, repair, maintain, and equip the phys-
ical infrastructure of commissary stores and central product
processing facilities of the defense commissary system; and
‘‘(ii) to cover environmental evaluation and construction
costs related to activities described in clause (i), including costs
for surveys, administration, overhead, planning, and design.
‘‘(B) In subparagraph (A), the term ‘physical infrastructure’
includes real property, utilities, and equipment (installed and free
standing and including computer equipment), necessary to provide
a complete and usable commissary store or central product proc-
essing facility.
‘‘(2)(A) The Secretary of Defense may authorize a non-
appropriated fund instrumentality of the United States to enter
into a contract for construction of a shopping mall or similar facility
for a commissary store and one or more nonappropriated fund
instrumentality activities. The Secretary may use the proceeds of
surcharges under subsection (d) to reimburse the nonappropriated
fund instrumentality for the portion of the cost of the contract
that is attributable to construction of the commissary store or
to pay the contractor directly for that portion of such cost.
‘‘(B) In subparagraph (A), the term ‘construction’, with respect
to a facility, includes acquisition, conversion, expansion, installation,
or other improvement of the facility.
‘‘(3) The Secretary of Defense, with the approval of the Director
of the Office of Management and Budget, may obligate anticipated
proceeds from the surcharges under subsection (d) for any use
specified in paragraph (1) or (2), without regard to fiscal year
limitations, if the Secretary determines that such obligation is
necessary to carry out any use of such adjustments or surcharges
specified in such paragraph.
‘‘(4) Revenues received by the Secretary of Defense from the
following sources or activities of commissary store facilities shall
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be available for the purposes set forth in paragraphs (1), (2), and
(3):
‘‘(A) Sale of recyclable materials.
‘‘(B) Sale of excess and surplus property.
‘‘(C) License fees.
‘‘(D) Royalties.
‘‘(E) Fees paid by sources of products in order to obtain
favorable display of the products for resale, known as business
related management fees.’’;
(6) by inserting section 2485, as redesignated by paragraph
(2), after section 2484, as amended by paragraph (5); and
(7) in section 2485, as redesignated by paragraph (2)—
(A) in subsection (b)(2), by striking ‘‘section 2484’’ and
inserting ‘‘section 2483’’;
(B) in subsection (c)(2), by adding at the end the fol-
lowing new sentences: ‘‘The chairman of the governing
board shall be a commissioned officer or member of the
senior executive service who has demonstrated experience
or knowledge relevant to the management of the defense
commissary system. In selecting other members of the gov-
erning board, the Secretary shall give priority to persons
with experience related to logistics, military personnel,
military entitlements or other experiences of value of
management of commissaries.’’; and
(C) by adding at the end the following new subsections:
‘‘(d) ASSIGNMENT OF ACTIVE DUTY MEMBERS.—(1) Except as
provided in paragraph (2), members of the armed forces on active
duty may not be assigned to the operation of a commissary store.
‘‘(2)(A) The Secretary of Defense may assign an officer on the
active-duty list to serve as the Director of the Defense Commissary
Agency.
‘‘(B) Not more than 18 members (in addition to the officer
referred to in subparagraph (A)) of the armed forces on active
duty may be assigned to the Defense Commissary Agency. Members
who may be assigned under this subparagraph to regional head-
quarters of the agency shall be limited to enlisted members assigned
to duty as advisers in the regional headquarters responsible for
overseas commissaries and to veterinary specialists.
‘‘(e) REIMBURSEMENT FOR USE OF COMMISSARY FACILITIES BY
MILITARY DEPARTMENTS.—(1) The Secretary of a military depart-
ment shall pay the Defense Commissary Agency the amount deter-
mined under paragraph (2) for any use of a commissary facility
by the military department for a purpose other than commissary
sales or operations in support of commissary sales.
‘‘(2) The amount payable under paragraph (1) for use of a
commissary facility by a military department shall be equal to
the share of depreciation of the facility that is attributable to
that use, as determined under regulations prescribed by the Sec-
retary of Defense.
‘‘(3) The Director of the Defense Commissary Agency shall
credit amounts paid under paragraph (1) for use of a facility to
an appropriate account to which proceeds of a surcharge applied
under section 2484(d) of this title are credited.
‘‘(4) This subsection applies with respect to a commissary
facility that is acquired, constructed, converted, expanded, installed,
or otherwise improved (in whole or in part) with the proceeds
of a surcharge applied under section 2484(d) of this title.
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‘‘(f) DONATION
OF UNUSABLE FOOD.—(1) The Secretary of
Defense may donate food described in paragraph (2) to any of
the following entities:
‘‘(A) A charitable nonprofit food bank that is designated
by the Secretary of Defense or the Secretary of Health and
Human Services as authorized to receive such donations.
‘‘(B) A State or local agency that is designated by the
Secretary of Defense or the Secretary of Health and Human
Services as authorized to receive such donations.
‘‘(C) A chapter or other local unit of a recognized national
veterans organization that provides services to persons without
adequate shelter and is designated by the Secretary of Veterans
Affairs as authorized to receive such donations.
‘‘(D) A not-for-profit organization that provides care for
homeless veterans and is designated by the Secretary of Vet-
erans Affairs as authorized to receive such donations.
‘‘(2) Food that may be donated under this subsection is com-
missary store food, mess food, meals ready-to-eat (MREs), rations
known as humanitarian daily rations (HDRs), and other food avail-
able to the Secretary of Defense that—
‘‘(A) is certified as edible by appropriate food inspection
technicians;
‘‘(B) would otherwise be destroyed as unusable; and
‘‘(C) in the case of commissary store food, is unmarketable
and unsaleable.
‘‘(3) In the case of commissary store food, a donation under
this subsection shall take place at the site of the commissary
store that is donating the food.
‘‘(4) This subsection does not authorize any service (including
transportation) to be provided in connection with a donation under
this subsection.
‘‘(g) COLLECTION OF DISHONORED CHECKS.—(1) The Secretary
of Defense may impose a charge for the collection of a check accepted
at a commissary store that is not honored by the financial institu-
tion on which the check is drawn. The imposition and amounts
of charges shall be consistent with practices of commercial grocery
stores regarding dishonored checks.
‘‘(2)(A) The following persons are liable to the United States
for the amount of a check referred to in paragraph (1) that is
returned unpaid to the United States, together with any charge
imposed under that paragraph:
‘‘(i) The person who presented the check.
‘‘(ii) Any person whose status and relationship to the person
who presented the check provide the basis for that person’s
eligibility to make purchases at a commissary store.
‘‘(B) Any amount for which a person is liable under subpara-
graph (A) may be collected by deducting and withholding such
amount from any amounts payable to that person by the United
States.
‘‘(3) Amounts collected as charges imposed under paragraph
(1) shall be credited to the commissary trust revolving fund.
‘‘(4) Appropriated funds may be used to pay any costs incurred
in the collection of checks and charges referred to in paragraph
(1). An appropriation account charged a cost under the preceding
sentence shall be reimbursed the amount of that cost out of funds
in the commissary trust revolving fund.
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PUBLIC LAW 108–375—OCT. 28, 2004
‘‘(5) In this subsection, the term ‘commissary trust revolving
fund’ means the trust revolving fund maintained by the Department
of Defense for surcharge collections and proceeds of sales of com-
missary stores.
‘‘(h) RELEASE OF CERTAIN COMMERCIALLY VALUABLE INFORMA-
TION TO PUBLIC.—(1) The Secretary of Defense may limit the release
to the public of any information described in paragraph (2) if
the Secretary determines that it is in the best interest of the
Department of Defense to limit the release of such information.
If the Secretary determines to limit the release of any such informa-
tion, the Secretary may provide for limited release of such informa-
tion in accordance with paragraph (3).
‘‘(2) Paragraph (1) applies to the following:
‘‘(A) Information contained in the computerized business
systems of commissary stores or the Defense Commissary
Agency that is collected through or in connection with the
use of electronic scanners in commissary stores, including the
following information:
‘‘(i) Data relating to sales of goods or services.
‘‘(ii) Demographic information on customers.
‘‘(iii) Any other information pertaining to commissary
transactions and operations.
‘‘(B) 
Business 
programs, 
systems, 
and 
applications
(including software) relating to commissary operations that
were developed with funding derived from commissary sur-
charges.
‘‘(3)(A) The Secretary of Defense may, using competitive proce-
dures, enter into a contract to sell information described in para-
graph (2).
‘‘(B) The Secretary of Defense may release, without charge,
information on an item sold in commissary stores to the manufac-
turer or producer of that item or an agent of the manufacturer
or producer.
‘‘(C) The Secretary of Defense shall establish performance
benchmarks and shall submit information on customer satisfaction
and performance data to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives.
‘‘(D) The Secretary of Defense may, by contract entered into
with a business, grant to the business a license to use business
programs referred to in paragraph (2)(B), including software used
in or comprising any such program. The fee charged for the license
shall be based on the costs of similar programs developed and
marketed by businesses in the private sector, determined by means
of surveys.
‘‘(E) Each contract entered into under this paragraph shall
specify the amount to be paid for information released or a license
granted under the contract, as the case may be.
‘‘(4) Information described in paragraph (2) may not be released,
under paragraph (3) or otherwise, in a form that identifies any
customer or that provides information making it possible to identify
any customer.
‘‘(5) Amounts received by the Secretary under this section shall
be credited to funds derived from commissary surcharges applied
under section 2484(e) of this title, shall be merged with those
funds, and shall be available for the same purposes as the funds
with which merged.’’.
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118 STAT. 1971
PUBLIC LAW 108–375—OCT. 28, 2004
(b) RELATION BETWEEN DEFENSE COMMISSARY AND EXCHANGE
SYSTEMS.—Chapter 147 of title 10, United States Code, is further
amended—
(1) by inserting after section 2485, as amended by sub-
section (a)(7), the following:
‘‘SUBCHAPTER II—RELATIONSHIP, CONTINUATION, AND
COMMON POLICIES OF DEFENSE COMMISSARY AND EX-
CHANGE SYSTEMS
‘‘Sec.
‘‘2487. Relationship between defense commissary system and exchange stores sys-
tem.
‘‘2488. Combined exchange and commissary stores.
‘‘2489. Overseas commissary and exchange stores: access and purchase restrictions.
‘‘§ 2487. Relationship between defense commissary system
and exchange stores system
‘‘(a) SEPARATE OPERATION OF SYSTEMS.—(1) Except as provided
in paragraph (2), the defense commissary system and the exchange
stores system shall be operated as separate systems of the Depart-
ment of Defense.
‘‘(2) Paragraph (1) does not apply to the following:
‘‘(A) Combined exchange and commissary stores operated
under the authority provided by section 2489 of this title.
‘‘(B) NEXMART stores of the Navy Exchange Service Com-
mand established before October 1, 2003.
‘‘(b) CONSOLIDATION OR OTHER ORGANIZATIONAL CHANGES OF
DEFENSE RETAIL SYSTEMS.—(1) The operation and administration
of the defense retail systems may not be consolidated or otherwise
merged unless the consolidation or merger is specifically authorized
by an Act of Congress.
‘‘(2) In this subsection, the term ‘defense retail systems’ means
the defense commissary system and exchange stores system and
other revenue-generating facilities operated by nonappropriated
fund instrumentalities of the Department of Defense for the morale,
welfare, and recreation of members of the armed forces.’’;
(2) by redesignating sections 2488, 2489, 2489a as sections
2495, 2495a, and 2495b, respectively; and
(3) by redesignating sections 2490a and 2492 as sections
2488 and 2489, respectively, and inserting such sections after
section 2487, as added by paragraph (1).
(c) MWR PROGRAMS AND NONAPPROPRIATED FUND INSTRUMEN-
TALITIES.—Chapter 147 of title 10, United States Code, is further
amended—
(1) by inserting after section 2489, as redesignated and
moved by subsection (b)(3), the following:
‘‘SUBCHAPTER III—MORALE, WELFARE, AND RECREATION
PROGRAMS AND NONAPPROPRIATED FUND INSTRUMEN-
TALITIES
‘‘Sec.
‘‘2491. Uniform funding and management of morale, welfare, and recreation pro-
grams.
‘‘2491a. Department of Defense golf courses: limitation on use of appropriated funds.
‘‘2491b. Use of appropriated funds for operation of Armed Forces Recreation Center,
Europe: limitation.
‘‘2491c. Retention of morale, welfare, and recreation funds by military installations:
limitation.
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118 STAT. 1972
PUBLIC LAW 108–375—OCT. 28, 2004
‘‘2492. Nonappropriated fund instrumentalities: contracts with other agencies and
instrumentalities to provide and obtain goods and services.
‘‘2493. Fisher Houses: administration as nonappropriated fund instrumentality.
‘‘2494. Nonappropriated fund instrumentalities: furnishing utility services for mo-
rale, welfare, and recreation purposes.
‘‘2495. Nonappropriated fund instrumentalities: purchase of alcoholic beverages.
‘‘2495a. Overseas package stores: treatment of United States wines.
‘‘2495b. Sale or rental of sexually explicit material prohibited.’’;
(2) by redesignating section 2494 as section 2491 and
inserting such section after the table of sections at the begin-
ning of subchapter III, as added by paragraph (1);
(3) by redesignating section 2482a as section 2492 and
inserting such section before section 2493;
(4) by inserting after section 2493 the following new section:
‘‘§ 2494. Nonappropriated fund instrumentalities: furnishing
utility services for morale, welfare, and recre-
ation purposes
‘‘Appropriations for the Department of Defense may be used
to provide utility services for—
‘‘(1) buildings on military installations authorized by regu-
lation to be used for morale, welfare, and recreation purposes;
and
‘‘(2) other morale, welfare, and recreation activities for
members of the armed forces.’’; and
(5) by inserting sections 2495, 2495a, and 2495b, as redesig-
nated by subsection (b)(2), after section 2494, as added by
paragraph (4).
(d) INCLUSION OF OTHER TITLE 10 PROVISIONS.—Sections 2246,
2247, and 2219 of title 10, United States Code, are—
(1) transferred to chapter 147 of such title;
(2) inserted after section 2491, as redesignated and moved
by subsection (c)(2); and
(3) redesignated as sections 2491a, 2491b, and 2491c,
respectively.
(e) CONFORMING AMENDMENTS.—(1) Section 977 of title 10,
United States Code, is repealed.
(2) Section 2868 of such title is amended by striking ‘‘for—
’’ and all that follows through the period at the end and inserting
‘‘for buildings constructed at private cost, as authorized by law.’’.
(3) Section 367 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112
Stat. 1987; 10 U.S.C. 2482 note) is repealed.
(f) CLERICAL AMENDMENTS.—(1) The table of sections at the
beginning of chapter 49 of title 10, United States Code, is amended
by striking the item relating to section 977.
(2) The table of sections at the beginning of chapter 131 of
such title is amended by striking the item relating to section 2219.
(3) The table of sections at the beginning of subchapter I
of chapter 134 of such title is amended by striking the items
relating to sections 2246 and 2247.
(g) TEST PROGRAM OF SALE OF CERTAIN ITEMS IN COMMISSARY
STORES.—(1) The Secretary of Defense may conduct a test program
involving the sale of telephone cards, film, and one-time use cameras
in not less than 10 commissary stores for a period selected by
the Secretary, but not less than six months.
(2) Within 90 days after the completion of the first year of
the test program or within 90 days after the completion of the
test program, whichever occurs first, the Secretary shall submit
Deadlines.
Reports.
10 USC 2484
note.
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118 STAT. 1973
PUBLIC LAW 108–375—OCT. 28, 2004
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
containing the results of the test program. The report shall include
an analysis of the impact of the sale of such items on the exchange
dividend and such recommendations as the Secretary considers
appropriate regarding legislative changes necessary to expand the
sale of such items in commissary stores.
(h) COMPTROLLER GENERAL STUDY.—(1) The Comptroller Gen-
eral shall conduct a study evaluating the impact that the expansion
of the categories of merchandise authorized for sale in commissary
stores has on the exchange dividend. The Comptroller General
shall determine the amounts derived from exchange sales and allo-
cated as exchange dividends during the five-year period ending
on September 30, 2004, and the morale, welfare, and recreation
programs supported using such dividends.
(2) The Secretary shall submit the results of the study to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives not later than
March 31, 2006.
SEC. 652. CONSISTENT STATE TREATMENT OF DEPARTMENT OF
DEFENSE NONAPPROPRIATED FUND HEALTH BENEFITS
PROGRAM.
Section 349 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103–337; 10 U.S.C. 1587 note) is amended
by adding at the end the following new subsection:
‘‘(c) TREATMENT
OF PROGRAM
AS FEDERAL HEALTH BENEFIT
PROGRAM.—(1) No State tax, fee, other monetary payment, or State
health plan requirement, may be imposed, directly or indirectly,
on the Nonappropriated Fund Uniform Health Benefits Program
of the Department of Defense, or on a carrier or an underwriting
or plan administration contractor of the Program, to the same
extent as such prohibition applies to the health insurance program
authorized by chapter 89 of title 5, United States Code, under
section 8909(f) of such title.
‘‘(2) Paragraph (1) shall not be construed to exempt the Non-
appropriated Fund Uniform Health Benefits Program of the Depart-
ment of Defense, or any carrier or underwriting or plan administra-
tion contractor of the Program from the imposition, payment, or
collection of a tax, fee, or other monetary payment on the net
income or profit accruing to, or realized by, the Program or by
such carrier or contractor from business conducted under the Pro-
gram, so long as the tax, fee, or payment is applicable to a broad
range of business activity.
‘‘(3) In this subsection, the term ‘State’ means each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any political subdivision or other non-Federal authority
thereof.’’.
Deadline.
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118 STAT. 1974
PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle F—Other Matters
SEC. 661. ELIGIBILITY OF MEMBERS FOR REIMBURSEMENT OF
EXPENSES INCURRED FOR ADOPTION PLACEMENTS
MADE BY FOREIGN GOVERNMENTS.
Section 1052(g)(3) of title 10, United States Code, is amended
by adding at the end the following new subparagraph:
‘‘(D) A foreign government or an agency authorized
by a foreign government to place children for adoption,
in any case in which—
‘‘(i) the adopted child is entitled to automatic citi-
zenship under section 320 of the Immigration and
Nationality Act (8 U.S.C. 1431); or
‘‘(ii) a certificate of citizenship has been issued
for such child under section 322 of that Act (8 U.S.C.
1433).’’.
SEC. 662. CLARIFICATION OF EDUCATION LOANS QUALIFYING FOR
EDUCATION LOAN REPAYMENT PROGRAM FOR RESERVE
COMPONENT HEALTH PROFESSIONS OFFICERS.
Section 16302(a)(5) of title 10, United States Code, is amended
by inserting ‘‘a basic professional qualifying degree (as determined
under regulations prescribed by the Secretary of Defense) or grad-
uate education in’’ after ‘‘regarding’’.
SEC. 
663. 
RECEIPT 
OF 
PAY 
BY 
RESERVISTS 
FROM 
CIVILIAN
EMPLOYERS WHILE ON ACTIVE DUTY IN CONNECTION
WITH A CONTINGENCY OPERATION.
Section 209 of title 18, United States Code, is amended by
adding at the end the following new subsection:
‘‘(h) This section does not prohibit a member of the reserve
components of the armed forces on active duty pursuant to a call
or order to active duty under a provision of law referred to in
section 101(a)(13) of title 10 from receiving from any person that
employed such member before the call or order to active duty
any payment of any part of the salary or wages that such person
would have paid the member if the member’s employment had
not been interrupted by such call or order to active duty.’’.
SEC. 664. RELIEF FOR MOBILIZED RESERVISTS FROM CERTAIN FED-
ERAL AGRICULTURAL LOAN OBLIGATIONS.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 331F (7 U.S.C. 1981f) the following new
section:
‘‘SEC. 332. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM CER-
TAIN AGRICULTURAL LOAN OBLIGATIONS.
‘‘(a) DEFINITION OF MOBILIZED MILITARY RESERVIST.—In this
section, the term ‘mobilized military reservist’ means an individual
who—
‘‘(1) is on active duty under section 688, 12301(a), 12301(g),
12302, 12304, 12306, or 12406, or chapter 15 of title 10, United
States Code, or any other provision of law during a war or
during a national emergency declared by the President or Con-
gress, regardless of the location at which the active duty service
is performed; or
7 USC 1982.
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118 STAT. 1975
PUBLIC LAW 108–375—OCT. 28, 2004
‘‘(2) in the case of a member of the National Guard, is
on full-time National Guard duty (as defined in section 101(d)(5)
of title 10, United States Code) under a call to active service
authorized by the President or the Secretary of Defense for
a period of more than 30 consecutive days under section 502(f)
of title 32, United States Code, for purposes of responding
to a national emergency declared by the President and sup-
ported by Federal funds.
‘‘(b) FORGIVENESS OF INTEREST PAYMENTS DUE WHILE BOR-
ROWER IS A MOBILIZED MILITARY RESERVIST.—Any requirement that
a borrower of a direct loan made under this title make any interest
payment on the loan that would otherwise be required to be made
while the borrower is a mobilized military reservist is rescinded.
‘‘(c) DEFERRAL OF PRINCIPAL PAYMENTS DUE WHILE OR AFTER
BORROWER IS A MOBILIZED MILITARY RESERVIST.—The due date
of any payment of principal on a direct loan made to a borrower
under this title that would otherwise be required to be made while
or after the borrower is a mobilized military reservist is deferred
for a period equal in length to the period for which the borrower
is a mobilized military reservist.
‘‘(d) NONACCRUAL OF INTEREST.—Interest on a direct loan made
to a borrower described in this section shall not accrue during
the period the borrower is a mobilized military reservist.
‘‘(e) BORROWER
NOT
CONSIDERED
TO
BE
DELINQUENT
OR
RECEIVING DEBT FORGIVENESS.—Notwithstanding section 373 or
any other provision of this title, a borrower who receives assistance
under this section shall not, as a result of the assistance, be consid-
ered to be delinquent or receiving debt forgiveness for purposes
of receiving a direct or guaranteed loan under this title.’’.
SEC. 665. SURVEY AND ANALYSIS OF EFFECT OF EXTENDED AND FRE-
QUENT MOBILIZATION OF RESERVISTS FOR ACTIVE
DUTY SERVICE ON RESERVIST INCOME.
(a) SURVEY OF MOBILIZED RESERVISTS TO DETERMINE DIFFEREN-
TIAL BETWEEN PRIVATE SECTOR INCOME AND MILITARY COMPENSA-
TION.—(1) The Secretary of Defense shall conduct a survey involving
members of the reserve components who serve, or have served,
on active duty in support of a contingency operation at any time
during the period beginning on September 11, 2001, and ending
on September 30, 2005, to determine the extent to which such
members sustained a reduction in monthly income during their
period of active duty service compared to their average monthly
civilian income during the 12 months preceding their mobilization.
(2) To the extent practicable, at least 50 percent of the total
number of members of the reserve components who have served
on active duty in support of a contingency operation at any time
during the period specified in paragraph (1) should be included
in the survey. To participate in the survey, a member shall agree
to make available to the Secretary such information as the Secretary
may require to accurately calculate the average monthly civilian
income of the member.
(b) CALCULATION
OF INCOME DIFFERENTIAL.—In the case of
each member participating in the survey under subsection (a) whose
total monthly military compensation during the active duty service
of the member was less, or appeared to be less, than the average
monthly civilian income of the member, the Secretary of Defense,
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in cooperation with the member, shall calculate the monthly active-
duty income differential for the member.
(c) COLLECTION
OF DEMOGRAPHIC DATA.—The Secretary of
Defense shall collect demographic data regarding each member
of a reserve component who participates in the survey under sub-
section (a), including, at a minimum, data on the following:
(1) Reserve component.
(2) Unit of assignment.
(3) Grade.
(4) Age.
(5) Years of service.
(6) Sex.
(7) Marital status.
(8) Number of dependents.
(9) General category of private-sector employment, as deter-
mined by the Secretary, but to include an employment category
to cover members who are self-employed.
(10) Military occupational specialty, including specifying
all surveyed members who are serving in a critical wartime
specialty.
(11) Length of service on active duty during the most
recent mobilization.
(12) Number of times mobilized since September 11, 2001.
(d) CONSIDERATION OF AVERAGE MONTHLY RESERVE SERVICE
INCOME.—The Secretary of Defense shall collect data to calculate
the average monthly reserve service income of members of the
reserve components before their mobilization, and consider such
data by grade, general category of military occupational specialty,
and years of service. The Secretary shall also consider the effect
that the receipt of average monthly reserve service income by
reserve component members before mobilization should have on
any obligation of the United States to eliminate or at least reduce
the monthly active-duty income differential suffered by members
serving on active duty in support of a contingency operation.
(e) EFFECT OF INCOME LOSS ON RETENTION.—The Secretary
of Defense shall include in the survey under subsection (a) a ques-
tion intended to solicit information from members of the reserve
components participating in the survey regarding the likely effect
that a reoccurring monthly active-duty income differential while
serving on active duty would have on their decision to remain
in Armed Forces.
(f) ANALYSIS OF SURVEY DATA.—(1) At a minimum, the Sec-
retary of Defense shall determine, for each variable listed in para-
graphs (2) through (12) of subsection (c), the number of members
of the reserve components surveyed under subsection (a) who sus-
tained a monthly active-duty income differential for any month
during their active duty service and compare and contrast that
number with the number of members who did not experience a
monthly active-duty income differential.
(2) The Secretary shall also determine the average amount
of the active-duty income differential by reserve component for
each variable within the characteristics listed in paragraphs (2)
through (12) of subsection (c).
(g) SUBMISSION OF SURVEY RESULTS AND RECOMMENDATIONS.—
(1) Not later than January 31, 2006, the Secretary of Defense
shall submit to Congress and the Comptroller General a report
containing the results of the surveys conducted under subsection
Deadlines.
Reports.
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(a), including the results of the analysis of survey data required
by subsection (f). The Secretary shall include such recommendations
as the Secretary considers appropriate regarding alternatives for
restoring income lost by members of the reserve components who
sustained a monthly active-duty income differential during their
active duty service.
(2) Not later than 90 days after receiving the report of the
Secretary of Defense submitted under paragraph (1), the Comp-
troller General shall submit to Congress an assessment of the
findings and recommendations of the Secretary contained in the
report.
(h) DEFINITIONS USED IN CONDUCTING SURVEY AND CALCULA-
TIONS.—In this section:
(1) The term ‘‘monthly active-duty income differential’’,
with respect to a member of a reserve component who partici-
pates in the survey under subsection (a), means the difference
between—
(A) the average monthly civilian income of the member;
and
(B) the total monthly military compensation of the
member during the active duty service of the member.
(2) The term ‘‘total monthly military compensation’’, with
respect to a member of a reserve component who participates
in the survey, means the amount, computed on a monthly
basis, of the sum of—
(A) the amount of the regular military compensation
(RMC), as defined in section 101(25) of title 37, United
States Code, of the member during the period specified
in subsection (a)(1); and
(B) any amount of special pay or incentive pay and
any allowance (other than an allowance included in regular
military compensation) that is paid to the member on a
monthly basis during the period specified in subsection
(a)(1).
(3) The term ‘‘average monthly civilian income’’, with
respect to a member of a reserve component who participates
in the survey, means the amount, determined by the Secretary
of Defense, of the earned income of the member for the 12
months preceding the first mobilization of the member for
active duty service in support of a contingency operation during
the period specified in subsection (a)(1), divided by 12.
(4) The term ‘‘average monthly reserve service income’’,
with respect to a member of a reserve component who partici-
pates in the survey, means the amount, determined by the
Secretary of Defense, of the regular military compensation,
compensation under section 206 of title 37, United States Code,
and any special pays and allowances referred to in paragraph
(3)(B) received by the member during the 12 months preceding
the first mobilization of the member for active duty service
in support of a contingency operation during the period specified
in subsection (a)(1), divided by 12.
SEC. 666. STUDY OF DISABILITY BENEFITS FOR VETERANS OF SERVICE
IN THE ARMED FORCES WITH SERVICE-CONNECTED
DISABILITIES.
(a) REQUIREMENT FOR STUDY.—(1) The Secretary of Defense
shall conduct a study of the totality of all current and projected
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disability benefits that are available to disabled members and
former members of the Armed Forces for service-connected disabil-
ities and, on the basis of the results of such study, determine
the adequacy of those benefits.
(2) In carrying out the study, the Secretary shall—
(A) compare the disability benefits for members of the
Armed Forces with commercial and other private-sector dis-
ability benefits plans that are provided for other persons in
the United States who are disabled by causes other than service
in the Armed Forces; and
(B) identify and assess the changes to Department of
Defense personnel policies needed to enhance the financial and
nonfinancial benefits that are provided to members and former
members of the Armed Forces for service-connected disabilities.
(b) COORDINATION.—In carrying out the study under subsection
(a) and preparing the report under subsection (c), the Secretary
of Defense shall—
(1) consult with the Secretary of Veterans Affairs and take
into consideration the veterans disability benefits programs
that are administered by the Secretary of Veterans Affairs;
and
(2) consult with, and obtain the assistance of, the Veterans’
Disability Benefits Commission established under title XV of
the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108–136; 117 Stat. 1676).
(c) REPORT.—Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense shall submit a
report on the results of the study under this section to the commit-
tees of Congress specified in subsection (e). The report shall include
the following:
(1) The Secretary’s assessments, analyses, and conclusions
resulting from the study.
(2) Recommended legislation to address the deficiencies
in the system of Federal Government disability benefits for
disabled members and former members of the Armed Forces
that are identified in the course of the study.
(3) An estimate of the costs of improvements in the system
of disability benefits that are provided for in the recommended
legislation.
(d) GAO STUDY.—(1) The Comptroller General shall conduct
a study to identify the disability benefits that are payable under
Federal, State, and local laws for employees of the Federal Govern-
ment, State governments, and local governments. In carrying out
the study, the Comptroller General shall, to the extent feasible,
pay particular attention to the disability benefits that are provided
for disabilities incurred in the performance of jobs in which
employees perform tasks with risks that are analogous to the risks
associated with the performance of military tasks by members
of the Armed Forces.
(2) Not later than November 1, 2005, the Comptroller General
shall submit a report on the results of the study under paragraph
(1) to the committees of Congress specified in subsection (e).
(e) RECIPIENTS OF REPORT.—The committees of Congress to
which the reports under subsections (d) and (e) are to be submitted
are as follows:
(1) The Committee on Armed Services and the Committee
on Veterans’ Affairs of the Senate.
Deadline.
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PUBLIC LAW 108–375—OCT. 28, 2004
(2) The Committee on Armed Services and the Committee
on Veterans’ Affairs of the House of Representatives.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Enhanced Benefits for Reserves
Sec. 701. TRICARE coverage for members of reserve components who commit to
continued service in the Selected Reserve after release from active duty.
Sec. 702. Comptroller General report on the cost and feasibility of providing private
health insurance stipends for members of the Ready Reserves.
Sec. 703. Permanent earlier eligibility date for TRICARE benefits for members of
reserve components and their dependents.
Sec. 704. Waiver of certain deductibles under TRICARE program for members on
active duty for a period of more than 30 days.
Sec. 705. Authority for payment by United States of additional amounts billed by
health care providers to activated Reserves.
Sec. 706. Permanent extension of transitional health care benefits and addition of
requirement for preseparation physical examination.
Subtitle B—Other Benefits Improvements
Sec. 711. Opportunity for young child dependent of deceased member to become eli-
gible for enrollment in a TRICARE dental plan.
Sec. 712. Comptroller General report on provision of health, education, and support
services for Exceptional Family Member Program enrollees.
Sec. 713. Continuation of sub-acute care for transition period.
Sec. 714. Improvements to pharmacy benefits program
Sec. 715. Professional accreditation of military dentists.
Sec. 716. Temporary authority for waiver of collection of payments due for
CHAMPUS benefits received by disabled persons unaware of loss of
CHAMPUS eligibility.
Sec. 717. Services of marriage and family therapists.
Sec. 718. Chiropractic health care benefits advisory committee.
Subtitle C—Planning, Programming, and Management
Sec. 721. Pilot program for health care delivery.
Sec. 722. Study of provision of travel reimbursement to hospitals for certain mili-
tary disability retirees.
Sec. 723. Study of mental health services.
Sec. 724. Policy for timely notification of next of kin of members seriously ill or in-
jured in combat zones.
Sec. 725. Revised funding methodology for military retiree health care benefits.
Sec. 726.
Grounds for presidential waiver of requirement for informed consent or
option to refuse regarding administration of drugs not approved for gen-
eral use.
Sec. 727. TRICARE program regional directors.
Subtitle D—Medical Readiness Tracking and Health Surveillance
Sec. 731. Medical readiness plan and Joint Medical Readiness Oversight Com-
mittee.
Sec. 732. Medical readiness of Reserves.
Sec. 733. Baseline Health Data Collection Program.
Sec. 734. Medical care and tracking and health surveillance in the theater of oper-
ations.
Sec. 735. Declassification of information on exposures to environmental hazards.
Sec. 736. Report on training on environmental hazards.
Sec. 737. Uniform policy for meeting mobilization-related medical care needs at
military installations.
Sec. 738. Full implementation of Medical Readiness Tracking and Health Surveil-
lance Program and Force Health Protection and Readiness Program.
Sec. 739. Reports and Internet accessibility relating to health matters.
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PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle A—Enhanced Benefits for
Reserves
SEC. 701. TRICARE COVERAGE FOR MEMBERS OF RESERVE COMPO-
NENTS WHO COMMIT TO CONTINUED SERVICE IN THE
SELECTED RESERVE AFTER RELEASE FROM ACTIVE
DUTY.
(a) ELIGIBILITY.—(1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1076c the following new
section:
‘‘§ 1076d. TRICARE program: coverage for members of
reserve components who commit to continued
service in the Selected Reserve after release from
active duty
‘‘(a) ELIGIBILITY.—A member of the Selected Reserve of the
Ready Reserve of a reserve component of the armed forces is eligible
for health benefits under TRICARE Standard as provided in this
section after the member completes service on active duty to which
the member was called or ordered for a period of more than 30
days on or after September 11, 2001, under a provision of law
referred to in section 101(a)(13)(B), if the member—
‘‘(1) served continuously on active duty for 90 or more
days pursuant to such call or order; and
‘‘(2) on or before the date of the release from such active-
duty service, entered into an agreement with the Secretary
concerned to serve continuously in the Selected Reserve for
a period of one or more whole years following such date.
‘‘(b) PERIOD OF COVERAGE.—(1) TRICARE Standard coverage
of a member under this section, on the basis of active-duty service
performed as described in subsection (a), begins upon the expiration
of the member’s entitlement to care and benefits under section
1145(a) of this title that is based on the same active-duty service.
‘‘(2) Unless earlier terminated under paragraph (3), the period
for TRICARE Standard coverage of a member under this section
shall be equal to the lesser of—
‘‘(A) one year, in the case of a member who is otherwise
eligible but does not serve continuously on active duty for
90 days as described in subsection (a) because of an injury,
illness, or disease incurred or aggravated while deployed;
‘‘(B) one year for each consecutive period of 90 days of
continuous active-duty service described in subsection (a); or
‘‘(C) the number of whole years for which the member
agrees under paragraph (2) of such subsection to continue to
serve in the Selected Reserve after the coverage begins.
‘‘(3) Eligibility for TRICARE Standard coverage of a member
under this section shall terminate upon the termination of the
member’s service in the Selected Reserve.
‘‘(c) FAMILY MEMBERS.—While a member of a reserve component
is covered by TRICARE Standard under the section, the members
of the immediate family of such member are eligible for TRICARE
Standard coverage as dependents of the member.
‘‘(d) PREMIUMS.—(1) A member of a reserve component covered
by TRICARE Standard under this section shall pay a premium
for that coverage.
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‘‘(2) The Secretary of Defense shall prescribe for the purposes
of this section one premium for TRICARE Standard coverage of
members without dependents and one premium for TRICARE
Standard coverage of members with dependents referred to in sub-
section (f)(1). The premium prescribed for a coverage shall apply
uniformly to all covered members of the reserve components.
‘‘(3) The monthly amount of the premium in effect for a month
for TRICARE Standard coverage under this section shall be the
amount equal to 28 percent of the total monthly amount that
the Secretary determines on an appropriate actuarial basis as being
reasonable for that coverage.
‘‘(4) The premiums payable by a member of a reserve component
under this subsection may be deducted and withheld from basic
pay payable to the member under section 204 of title 37 or from
compensation payable to the member under section 206 of such
title. The Secretary shall prescribe the requirements and procedures
applicable to the payment of premiums.
‘‘(5) Amounts collected as premiums under this subsection shall
be credited to the appropriation available for the Defense Health
Program Account under section 1100 of this title, shall be merged
with sums in such Account that are available for the fiscal year
in which collected, and shall be available under subsection (b)
of such section for such fiscal year.
‘‘(e) RELATIONSHIP OF SERVICE AGREEMENT TO OTHER SERVICE
COMMITMENTS.—The service agreement required of a member of
a reserve component under subsection (a)(2) is separate from any
other form of commitment of the member to a period of obligated
service in that reserve component and may cover any part or
all of the same period that is covered by another commitment
of the member to a period of obligated service in that reserve
component.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘immediate family’, with respect to a member
of a reserve component, means all of the member’s dependents
described in subparagraphs (A), (D), and (I) of section 1072(2)
of this title.
‘‘(2) The term ‘TRICARE Standard’ means the Civilian
Health and Medical Program of the Uniformed Services option
under the TRICARE program.
‘‘(g) REGULATIONS.—The Secretary of Defense, in consultation
with the other administering Secretaries, shall prescribe regulations
for the administration of this section.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1076c
the following new item:
‘‘1076d. TRICARE program: coverage for members of reserve components who com-
mit to continued service in the Selected Reserve after release from ac-
tive duty.’’.
(b) IMPLEMENTATION.—(1) The Secretary of Defense shall imple-
ment section 1076d of title 10, United States Code, not later than
180 days after the date of the enactment of this Act.
(2)(A) A member of a reserve component of the Armed Forces
who performed active-duty service described in subsection (a) of
section 1076d of title 10, United States Code, for a period beginning
on or after September 11, 2001, and was released from that active-
duty service before the date of the enactment of this Act, or is
released from that active-duty service on or within 180 days after
Deadline.
10 USC 1076d
note.
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118 STAT. 1982
PUBLIC LAW 108–375—OCT. 28, 2004
the date of the enactment of this Act, may, for the purpose of
paragraph (2) of such subsection, enter into an agreement described
in such paragraph not later than one year after the date of the
enactment of this Act. TRICARE Standard coverage (under such
section 1076d) of a member who enters into such an agreement
under this paragraph shall begin on the later of—
(i) the date applicable to the member under subsection
(b) of such section; or
(ii) the date of the agreement.
(B) The Secretary of Defense shall take such action as is nec-
essary to ensure, to the maximum extent practicable, that members
of the reserve components eligible to enter into an agreement as
provided in subparagraph (A) actually receive information on the
opportunity and procedures for entering into such an agreement
together with a clear explanation of the benefits that the members
are eligible to receive as a result of entering into such an agreement
under section 1076d of title 10, United States Code.
SEC. 702. COMPTROLLER GENERAL REPORT ON THE COST AND FEASI-
BILITY OF PROVIDING PRIVATE HEALTH INSURANCE STI-
PENDS FOR MEMBERS OF THE READY RESERVES.
(a) STUDY REQUIRED.—The Comptroller General shall conduct
a study on the cost and feasibility of providing a stipend to members
of the Ready Reserves to offset the cost of continuing private health
insurance coverage for the members’ dependents when the members
are on active duty for periods of more than 30 days, with the
dependents being ineligible to enroll in the TRICARE program
and payment of the stipend ending when the members are no
longer on active duty.
(b) MATTERS COVERED.—The study shall include the following
matters:
(1) Recommendation for a benefit amount and cost to the
Department of Defense.
(2) Potential effects on medical readiness, recruitment, and
retention.
(3) The extent to which the Reserves and members of
their families might participate under the stipend program.
(4) Administrative and management considerations for the
Department of Defense.
(5) Impact of pre-existing conditions on continuity of care
for dependents.
(6) Possible implications for employers.
(c) REPORT.—Not later than March 31, 2005, the Comptroller
General shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report containing the results of the study under
this section.
SEC. 703. PERMANENT EARLIER ELIGIBILITY DATE FOR TRICARE
BENEFITS FOR MEMBERS OF RESERVE COMPONENTS
AND THEIR DEPENDENTS.
Section 1074(d) of title 10, United States Code, is amended
by striking paragraph (3).
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PUBLIC LAW 108–375—OCT. 28, 2004
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
Regulations.
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PUBLIC LAW 108–375—OCT. 28, 2004
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
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PUBLIC LAW 108–375—OCT. 28, 2004
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
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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
10 USC 1086
note.
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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.
Deadline.
10 USC 1092
note.
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(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—
10 USC 1092
note.
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(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
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(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.
10 USC 113 note.
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(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
Deadline.
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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)’’;
10 USC 1111
note.
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(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.
10 USC 1074
note.
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(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
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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
Deadline.
Deadline.
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PUBLIC LAW 108–375—OCT. 28, 2004
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.
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118 STAT. 1997
PUBLIC LAW 108–375—OCT. 28, 2004
(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—
10 USC 1074
note.
10 USC 1074
note.
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118 STAT. 1998
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‘‘(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
10 USC 1074
note.
10 USC 1074f
note.
10 USC 1092a
note.
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118 STAT. 1999
PUBLIC LAW 108–375—OCT. 28, 2004
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).
10 USC 1074
note.
Deadline.
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PUBLIC LAW 108–375—OCT. 28, 2004
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.
10 USC 1074
note.
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118 STAT. 2001
PUBLIC LAW 108–375—OCT. 28, 2004
(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
10 USC 1074
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PUBLIC LAW 108–375—OCT. 28, 2004
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.
10 USC 1074
note.
10 USC 1073b
note.
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(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.
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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—
Deadline.
10 USC 2302
note.
10 USC 2432
note.
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(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
Deadline.
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118 STAT. 2006
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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
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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
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118 STAT. 2008
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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.
10 USC 2383
note.
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‘‘(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.
Deadline.
10 USC 2437
note.
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PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 806. APPLICABILITY OF COMPETITION EXCEPTIONS TO ELIGI-
BILITY OF NATIONAL GUARD FOR FINANCIAL ASSIST-
ANCE FOR PERFORMANCE OF ADDITIONAL DUTIES.
Section 113(b)(1)(B) of title 32, United States Code, is amended
by inserting before the period at the end the following: ‘‘, subject
to the exceptions provided in section 2304(c) of title 10’’.
SEC. 807. INFLATION ADJUSTMENT OF ACQUISITION-RELATED DOLLAR
THRESHOLDS.
(a) INFLATION ADJUSTMENT AUTHORITY.—(1) The Office of Fed-
eral Procurement Policy Act (41 U.S.C. 403 et seq.) is amended
by inserting after section 35 the following new section:
‘‘SEC. 
35A. 
INFLATION 
ADJUSTMENT 
OF 
ACQUISITION-RELATED
DOLLAR THRESHOLDS.
‘‘(a) REQUIREMENT FOR PERIODIC ADJUSTMENT.—(1) On October
1 of each year that is evenly divisible by five, the Federal Acquisition
Regulatory Council shall adjust each acquisition-related dollar
threshold provided by law, as described in subsection (c), to the
baseline constant dollar value of that threshold.
‘‘(2) For the purposes of paragraph (1), the baseline constant
dollar value—
‘‘(A) for a dollar threshold in effect on October 1, 2000,
that was first specified in a law that took effect on or before
such date shall be the October 1, 2000, constant dollar value
of that dollar threshold; and
‘‘(B) for a dollar threshold specified in a law that takes
effect after October 1, 2000, shall be the constant dollar value
of that threshold as of the effective date of that dollar threshold
pursuant to such law.
‘‘(b) ADJUSTMENTS EFFECTIVE UPON PUBLICATION.—The Federal
Acquisition Regulatory Council shall publish a notice of the adjusted
dollar thresholds under this section in the Federal Register. The
adjusted dollar thresholds shall take effect on the date of publica-
tion.
‘‘(c) ACQUISITION-RELATED DOLLAR THRESHOLDS.—Except as
provided in subsection (d), the requirement for adjustment under
subsection (a) applies to a dollar threshold that is specified in
law as a factor in defining the scope of the applicability of a
policy, procedure, requirement, or restriction provided in that law
to the procurement of property or services by an executive agency,
as determined by the Federal Acquisition Regulatory Council.
‘‘(d) EXCLUDED THRESHOLDS.—Subsection (a) does not apply
to—
‘‘(1) dollar thresholds in sections 3141 through 3144, 3146,
and 3147 of title 40, United States Code;
‘‘(2) dollar thresholds in the Service Contract Act of 1965
(41 U.S.C. 351, et seq.); or
‘‘(3) dollar thresholds established by the United States
Trade Representative pursuant to title III of the Trade Agree-
ments Act of 1979 (19 U.S.C. 2511 et seq.).
‘‘(e) CALCULATION OF ADJUSTMENTS.—An adjustment under this
section shall—
‘‘(1) be calculated on the basis of changes in the Consumer
Price Index for all-urban consumers published monthly by the
Department of Labor; and
‘‘(2) be rounded—
Federal Register,
publication.
41 USC 431a.
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‘‘(A) in the case of a dollar threshold that (as in effect
on the day before the adjustment) is less than $10,000,
to the nearest $500;
‘‘(B) in the case of a dollar threshold that (as in effect
on the day before the adjustment) is not less than $10,000,
but is less than $100,000, to the nearest $5,000;
‘‘(C) in the case of a dollar threshold that (as in effect
on the day before the adjustment) is not less than $100,000,
but is less than $1,000,000, to the nearest $50,000; and
‘‘(D) in the case of a dollar threshold that (as in effect
on the day before the adjustment) is $1,000,000 or more,
to the nearest $500,000.
‘‘(f) PETITION FOR INCLUSION OF OMITTED THRESHOLD.—(1) If
a dollar threshold adjustable under this section is not included
in a notice of adjustment published under subsection (b), any person
may request adjustment of that dollar threshold by submitting
a petition for adjustment to the Administrator for Federal Procure-
ment Policy.
‘‘(2) Upon receipt of a petition for adjustment of a dollar
threshold under paragraph (1), the Administrator shall—
‘‘(A) determine, in writing, whether that dollar threshold
is required to be adjusted under this section; and
‘‘(B) if so, shall publish in the Federal Register a revised
notice of the adjusted dollar thresholds under this section that
includes the adjustment of the dollar threshold covered by
the petition.
‘‘(3) The adjustment of a dollar threshold pursuant to a petition
under this subsection shall take effect on the date of the publication
of the revised notice adding the adjustment of that dollar threshold
under paragraph (2)(B).’’.
(2) The table of contents in section 1(b) of such Act is amended
by inserting after the item relating to section 35 the following
new item:
‘‘Sec. 35A. Inflation adjustment of acquisition-related dollar thresholds.’’.
(b) 
DEFINITION
OF
FEDERAL
ACQUISITION
REGULATORY
COUNCIL.—Section 4 of such Act is amended by adding at the
end the following new paragraph:
‘‘(17) The term ‘Federal Acquisition Regulatory Council’
means the Federal Acquisition Regulatory Council established
under section 25.’’.
(c) RELATIONSHIP TO OTHER INFLATION ADJUSTMENT AUTHORI-
TIES.—(1) Section 35A of the Office of Federal Procurement Policy
Act, as added by subsection (a), supersedes the applicability of
any other provision of law that provides for the adjustment of
a dollar threshold that is adjustable under such section.
(2) After the date of the enactment of this Act, a dollar threshold
adjustable under section 35A of the Office of Federal Procurement
Policy Act, as added by subsection (a), shall be adjusted only as
provided under that section.
41 USC 431a
note.
41 USC 403.
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PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle B—Amendments to General Con-
tracting Authorities, Procedures, and
Limitations
SEC. 811. RAPID ACQUISITION AUTHORITY TO RESPOND TO COMBAT
EMERGENCIES.
Section 806 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended—
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (b) the following new sub-
sections (c) and (d):
‘‘(c) RESPONSE TO COMBAT EMERGENCIES.—(1) In the case of
any equipment that, as determined in writing by the Secretary
of Defense without delegation, is urgently needed to eliminate a
combat capability deficiency that has resulted in combat fatalities,
the Secretary shall use the procedures developed under this section
in order to accomplish the rapid acquisition and deployment of
the needed equipment.
‘‘(2)(A) Whenever the Secretary makes a determination under
paragraph (1) that certain equipment is urgently needed to elimi-
nate a combat capability deficiency that has resulted in combat
fatalities, the Secretary shall designate a senior official of the
Department of Defense to ensure that the needed equipment is
acquired and deployed as quickly as possible, with a goal of
awarding a contract for the acquisition of the equipment within
15 days.
‘‘(B) Upon designation of a senior official under subparagraph
(A), the Secretary shall authorize that official to waive any provision
of law, policy, directive, or regulation described in subsection (d)
that such official determines in writing would unnecessarily impede
the rapid acquisition and deployment of the needed equipment.
In a case in which the needed equipment cannot be acquired without
an extensive delay, the senior official shall require that an interim
solution be implemented and deployed using the procedures devel-
oped under this section to minimize the combat capability deficiency
and combat fatalities.
‘‘(3) The authority of this section may not be used to acquire
equipment in an amount aggregating more than $100,000,000
during any fiscal year. For acquisitions of equipment under this
section during the fiscal year in which the Secretary makes the
determination described in paragraph (1) with respect to such equip-
ment, the Secretary may use any funds available to the Department
of Defense for that fiscal year.
‘‘(4) The Secretary of Defense shall notify the congressional
defense committees within 15 days after each determination made
under paragraph (1). Each such notice shall identify—
‘‘(A) the equipment to be acquired;
‘‘(B) the amount anticipated to be expended for the acquisi-
tion; and
‘‘(C) the source of funds for the acquisition.
‘‘(5) Any acquisition initiated under this subsection shall transi-
tion to the normal acquisition system not later than two years
after the date on which the Secretary makes the determination
described in paragraph (1) with respect to that equipment.
Notification.
Deadline.
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PUBLIC LAW 108–375—OCT. 28, 2004
‘‘(d) WAIVER OF CERTAIN STATUES AND REGULATIONS.—(1) Upon
a determination described in subsection (c)(1), the senior official
designated in accordance with subsection (c)(2) with respect to
that designation is authorized to waive any provision of law, policy,
directive or regulation addressing—
‘‘(A) the establishment of the requirement for the equip-
ment;
‘‘(B) the research, development, test, and evaluation of
the equipment; or
‘‘(C) the solicitation and selection of sources, and the award
of the contract, for procurement of the equipment.
‘‘(2) Nothing in this subsection authorizes the waiver of—
‘‘(A) the requirements of this section or the regulations
implementing this section; or
‘‘(B) any provision of law imposing civil or criminal pen-
alties.’’.
SEC. 812. DEFENSE ACQUISITION WORKFORCE IMPROVEMENTS.
(a) SELECTION CRITERIA FOR ACQUISITION CORPS AND FOR CRIT-
ICAL ACQUISITION POSITIONS.—(1) Section 1732(b) of title 10, United
States Code, is amended by striking paragraph (1) and redesig-
nating paragraphs (2), (3), and (4) as paragraphs (1), (2), and
(3), respectively.
(2) Section 1733(b)(1) of title 10, United States Code, is
amended in subparagraph (A) by striking ‘‘in a position within
grade GS–14 or above of the General Schedule,’’ and inserting
‘‘in a senior position in the National Security Personnel System,
as determined in accordance with guidelines prescribed by the
Secretary,’’.
(b) SCHOLARSHIP PROGRAM REQUIREMENTS.—Section 1742 of
such title is amended—
(1) by inserting ‘‘(a) PROGRAMS.—’’ at the beginning of
the text; and
(2) by adding at the end the following new subsection:
‘‘(b) SCHOLARSHIP PROGRAM REQUIREMENTS.—Each recipient of
a scholarship under a program conducted under subsection (a)(3)
shall be required to sign a written agreement that sets forth the
terms and conditions of the scholarship. The agreement shall be
in a form prescribed by the Secretary and shall include terms
and 
conditions, 
including 
terms 
and 
conditions 
addressing
reimbursement in the event that a recipient fails to fulfill the
requirements of the agreement, that are comparable to those set
forth as a condition for providing advanced education assistance
under section 2005. The obligation to reimburse the United States
under an agreement under this subsection is, for all purposes,
a debt owing the United States.’’.
(c) AUTHORITY
TO ESTABLISH MINIMUM REQUIREMENTS.—(1)
Section 1764(b) of such title is amended—
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new
paragraph (5):
‘‘(5) Deputy program manager.’’.
(2) Paragraph (1) of such section is amended by striking ‘‘in
paragraph (5)’’ and inserting ‘‘in paragraph (6)’’.
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SEC. 813. PERIOD FOR MULTIYEAR TASK AND DELIVERY ORDER CON-
TRACTS.
(a) REVISED MAXIMUM PERIOD.—Section 2304a(f) of title 10,
United States Code, is amended by striking ‘‘a total period of
not more than five years.’’ and inserting ‘‘any period up to five
years and may extend the contract period for one or more successive
periods pursuant to an option provided in the contract or a modifica-
tion of the contract. The total contract period as extended may
not exceed 10 years unless such head of an agency determines
in writing that exceptional circumstances necessitate a longer con-
tract period.’’.
(b) ANNUAL REPORT.—Not later than 60 days after the end
of each of fiscal years 2005 through 2009, the Secretary of Defense
shall submit to Congress a report setting forth each extension
of a contract period to a total of more than 10 years that was
granted for task and delivery order contracts of the Department
of Defense during such fiscal year under section 2304a(f) of title
10, United States Code. The report shall include, with respect
to each such contract period extension—
(1) a discussion of the exceptional circumstances on which
the extension was based; and
(2) the justification for the determination of exceptional
circumstances.
SEC. 
814. 
FUNDING 
FOR 
CONTRACT 
CEILINGS 
FOR 
CERTAIN
MULTIYEAR PROCUREMENT CONTRACTS.
(a) MULTIYEAR CONTRACTS RELATING TO PROPERTY.—Section
2306b(g) of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Before any’’;
(2) by striking ‘‘Committee’’ through ‘‘House of Representa-
tives’’ and inserting ‘‘congressional defense committees’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) In the case of a contract described in subsection (a) with
a cancellation ceiling described in paragraph (1), if the budget
for the contract does not include proposed funding for the costs
of contract cancellation up to the cancellation ceiling established
in the contract, the head of the agency concerned shall, as part
of the certification required by subsection (i)(1)(A), give written
notification to the congressional defense committees of—
‘‘(A) the cancellation ceiling amounts planned for each pro-
gram year in the proposed multiyear procurement contract,
together with the reasons for the amounts planned;
‘‘(B) the extent to which costs of contract cancellation are
not included in the budget for the contract; and
‘‘(C) a financial risk assessment of not including budgeting
for costs of contract cancellation.’’.
(b) MULTIYEAR CONTRACTS RELATING
TO SERVICES.—Section
2306c(d) of title 10, United States Code, is amended—
(1) in paragraphs (1), (3), and (4), by striking ‘‘committees
of Congress named in paragraph (5)’’ and inserting ‘‘congres-
sional defense committees’’ each place it appears; and
(2) by amending paragraph (5) to read as follows:
‘‘(5) In the case of a contract described in subsection (a) with
a cancellation ceiling described in paragraph (4), if the budget
for the contract does not include proposed funding for the costs
of contract cancellation up to the cancellation ceiling established
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in the contract, the head of the agency concerned shall give written
notification to the congressional defense committees of—
‘‘(A) the cancellation ceiling amounts planned for each pro-
gram year in the proposed multiyear procurement contract,
together with the reasons for the amounts planned;
‘‘(B) the extent to which costs of contract cancellation are
not included in the budget for the contract; and
‘‘(C) a financial risk assessment of not including budgeting
for costs of contract cancellation.’’.
SEC. 815. INCREASED THRESHOLD FOR SENIOR PROCUREMENT
EXECUTIVE APPROVAL OF USE OF PROCEDURES OTHER
THAN COMPETITIVE PROCEDURES.
Section 2304(f)(1)(B) of title 10, United States Code, is amended
by striking ‘‘$50,000,000’’ both places it appears and inserting
‘‘$75,000,000’’.
SEC. 816. INCREASED THRESHOLD FOR APPLICABILITY OF REQUIRE-
MENT 
FOR 
DEFENSE 
CONTRACTORS 
TO 
PROVIDE
INFORMATION ON SUBCONTRACTING AUTHORITY OF
CONTRACTOR PERSONNEL TO COOPERATIVE AGREE-
MENT HOLDERS.
Section 2416(d) of title 10, United States Code, is amended
by striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’.
SEC. 817. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED
ACQUISITION PROCEDURES.
Section 4202(e) of the Clinger-Cohen Act (division D of Public
Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended
by striking ‘‘January 1, 2006’’ and inserting ‘‘January 1, 2008’’.
SEC. 818. SUBMISSION OF COST OR PRICING DATA ON NONCOMMER-
CIAL MODIFICATIONS OF COMMERCIAL ITEMS.
(a) INAPPLICABILITY OF COMMERCIAL ITEMS EXCEPTION TO NON-
COMMERCIAL MODIFICATIONS OF COMMERCIAL ITEMS.—Subsection
(b) of section 2306a of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) NONCOMMERCIAL
MODIFICATIONS
OF
COMMERCIAL
ITEMS.—(A) The exception in paragraph (1)(B) does not apply
to cost or pricing data on noncommercial modifications of a
commercial item that are expected to cost, in the aggregate,
more than $500,000 or 5 percent of the total price of the
contract, whichever is greater.
‘‘(B) In this paragraph, the term ‘noncommercial modifica-
tion’, with respect to a commercial item, means a modification
of such item that is not a modification described in section
4(12)(C)(i) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12)(C)(i)).
‘‘(C) Nothing in subparagraph (A) shall be construed—
‘‘(i) to limit the applicability of the exception in
subparagraph (A) or (C) of paragraph (1) to cost or pricing
data on a noncommercial modification of a commercial
item; or
‘‘(ii) to require the submission of cost or pricing data
on any aspect of an acquisition of a commercial item other
than the cost and pricing of noncommercial modifications
of such item.’’.
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(b) EFFECTIVE DATE AND APPLICABILITY.—Paragraph (3) of sec-
tion 2306a of title 10, United States Code (as added by subsection
(a)), shall take effect on June 1, 2005, and shall apply with respect
to offers submitted, and to modifications of contracts or subcontracts
made, on or after that date.
SEC. 819. DELEGATIONS OF AUTHORITY TO MAKE DETERMINATIONS
RELATING TO PAYMENT OF DEFENSE CONTRACTORS
FOR BUSINESS RESTRUCTURING COSTS.
Section 2325(a)(2) of title 10, United States Code, is amended—
(1) by striking ‘‘paragraph (1) to an official’’ and all that
follows and inserting ‘‘paragraph (1), with respect to a business
combination, to an official of the Department of Defense—
’’; and
(2) by adding at the end the following:
‘‘(A) below the level of an Assistant Secretary of Defense
for cases in which the amount of restructuring costs is expected
to exceed $25,000,000 over a 5-year period; or
‘‘(B) below the level of the Director of the Defense Contract
Management Agency for all other cases.’’.
SEC. 820. AVAILABILITY OF FEDERAL SUPPLY SCHEDULE SUPPLIES
AND SERVICES TO UNITED SERVICE ORGANIZATIONS,
INCORPORATED.
Section 220107 of title 36, United States Code, is amended
by inserting after ‘‘Department of Defense’’ the following: ‘‘,
including access to General Services Administration supplies and
services through the Federal Supply Schedule of the General Serv-
ices Administration,’’.
SEC. 821. ADDITION OF LANDSCAPING AND PEST CONTROL SERVICES
TO LIST OF DESIGNATED INDUSTRY GROUPS PARTICI-
PATING IN THE SMALL BUSINESS COMPETITIVENESS
DEMONSTRATION PROGRAM.
(a) IN GENERAL.—Subsection (a) of section 717 of the Small
Business Competitiveness Demonstration Program Act of 1988 (15
U.S.C. 644 note) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the end;
(2) in paragraph (4), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(5) landscaping and pest control services.’’.
(b) LANDSCAPING AND PEST CONTROL SERVICES.—Section 717
of the Small Business Competitiveness Demonstration Program Act
of 1988 (15 U.S.C. 644 note) is amended—
(1) by redesignating subsection (e) as subsection (f), and
(2) by inserting after subsection (d) the following new sub-
section:
‘‘(e) LANDSCAPING AND PEST CONTROL SERVICES.—Landscaping
and pest control services shall include contract awards assigned
to North American Industrial Classification Code 561710 (relating
to exterminating and pest control services) or 561730 (relating
to landscaping services).’’.
SEC. 822. INCREASED THRESHOLDS UNDER SPECIAL EMERGENCY
PROCUREMENT AUTHORITY.
Section 32A(b) of the Office of Federal Procurement Policy
Act (41 U.S.C. 428a(b)) is amended—
10 USC 2306a
note.
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(1) by striking paragraph (1) and inserting the following:
‘‘(1) the amount specified in subsections (c), (d), and (f)
of section 32 shall be deemed to be—
‘‘(A) $15,000 in the case of any contract to be awarded
and performed, or purchase to be made, inside the United
States; and
‘‘(B) $25,000 in the case of any contract to be awarded
and performed, or purchase to be made, outside the United
States; and’’; and
(2) in paragraph (2)(B), by striking ‘‘$500,000’’ and inserting
‘‘$1,000,000’’.
Subtitle C—United States Defense
Industrial Base Provisions
SEC. 831. DEFENSE TRADE RECIPROCITY.
(a) POLICY.—It is the policy of Congress that procurement regu-
lations used in the conduct of trade in defense articles and defense
services should be based on the principle of fair trade and reciprocity
consistent with United States national security, including the need
to ensure comprehensive manufacturing capability in the United
States defense industrial base.
(b) REQUIREMENT.—The Secretary of Defense shall make every
effort to ensure that the policies and practices of the Department
of Defense reflect the goal of establishing an equitable trading
relationship between the United States and its foreign defense
trade partners, including ensuring that United States firms and
United States employment in the defense sector are not disadvan-
taged by unilateral procurement practices by foreign governments,
such as the imposition of offset agreements in a manner that
undermines the United States defense industrial base. In pursuing
this goal, the Secretary shall—
(1) develop a comprehensive defense acquisition trade policy
that provides the necessary guidance and incentives for the
elimination of any adverse effects of offset agreements in
defense trade; and
(2) review and make necessary modifications to existing
acquisition policies and strategies, and review and seek to
make necessary modifications to existing memoranda of under-
standing, cooperative project agreements, or related agreements
with foreign defense trade partners, to reflect this goal.
(c) REGULATIONS.—The Secretary shall prescribe regulations
to implement this section in the Department of Defense supplement
to the Federal Acquisition Regulation.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘foreign defense trade partner’’ means a for-
eign country with respect to which there is—
(A) a memorandum of understanding or related agree-
ment described in section 2531(a) of title 10, United States
Code; or
(B) a cooperative project agreement described in section
27 of the Arms Export Control Act (22 U.S.C. 2767).
(2) The term ‘‘offset agreement’’ has the meaning provided
that term by section 36(e) of the Arms Export Control Act
(22 U.S.C. 2776(e)).
10 USC 2531
note.
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(3) The terms ‘‘defense article’’ and ‘‘defense service’’ have
the meanings provided those terms by section 47(7) of the
Arms Export Control Act (22 U.S.C. 2794(7)).
SEC. 832. ASSESSMENT AND REPORT ON THE ACQUISITION OF
POLYACRYLONITRILE (PAN) CARBON FIBER FROM FOR-
EIGN SOURCES.
(a) REQUIREMENT.—The Secretary of Defense shall delay the
phase-out of the restriction on acquisition of polyacrylonitrile (PAN)
carbon fiber from foreign sources (described in subpart 225.7103
of the Department of Defense supplement to the Federal Acquisition
Regulation) until an assessment of PAN carbon fiber industry is
completed and 30 days have passed after submission of the report
required under subsection (c).
(b) ASSESSMENT.—The Secretary of Defense shall perform a
assessment of the domestic and international industrial structure
that produces PAN carbon fibers, current and anticipated market
trends for the product, and how the trends compare to the assess-
ment as reported by the Secretary of Defense in January 2001.
(c) REPORT REQUIRED.—Not later than one year after the date
of the enactment 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 assessment performed under
subsection (b) and on any decision made to maintain or discontinue
the phase-out of procurement restrictions on foreign acquisition
of PAN carbon fibers in the Department of Defense supplement
to the Federal Acquisition Regulation.
Subtitle D—Extensions of Temporary
Program Authorities
SEC. 841. EXTENSION OF MENTOR-PROTEGE PROGRAM.
(a) EXTENSION OF PROGRAM.—Subsection (j) of section 831 of
the National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2302 note) is amended—
(1) in paragraph (1), by striking ‘‘September 30, 2005’’
and inserting ‘‘September 30, 2010’’; and
(2) in paragraph (2), by striking ‘‘September 30, 2008’’
and inserting ‘‘September 30, 2013’’.
(b) EXTENSION OF REQUIREMENT FOR ANNUAL REPORT.—Sub-
section (l)(3) of such section is amended by striking ‘‘2007’’ and
inserting ‘‘2010’’.
(c) ADDITIONAL FEASIBILITY REVIEW OF TRANSITION TO OTHER
FINANCING METHODS.—(1) The Secretary of Defense shall conduct
an additional review of the Mentor-Protege Program under section
811(d)(2) of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106–65; 113 Stat. 708).
(2) Not later than September 30, 2005, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives—
(A) a report on the results of the review conducted under
paragraph (1); and
(B) any recommendations of the Secretary for legislative
action.
(d) ADDITIONAL STUDY OF PROGRAM IMPLEMENTATION.—(1) The
Comptroller General shall conduct an additional study of the
Reports.
Deadline.
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Mentor-Protege Program under section 811(d)(3) of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106–
65; 113 Stat. 709).
(2) Not later than September 30, 2006, the Comptroller General
shall submit a report on the results of the study conducted under
paragraph (1) to the Committees on Armed Services of the Senate
and the House of Representatives.
SEC. 842. AMENDMENT TO MENTOR-PROTEGE PROGRAM.
Section 831(m)(2) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note)
is amended—
(1) in subparagraph (D), by striking ‘‘or’’ at the end;
(2) in subparagraph (E), by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(F) a small business concern owned and controlled
by service–disabled veterans (as defined in section 8(d)(3)
of the Small Business Act); and
‘‘(G) a qualified HUBZone small business concern (as
defined in section 3(p) of the Small Business Act).’’.
SEC. 843. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COM-
PREHENSIVE 
SMALL 
BUSINESS 
SUBCONTRACTING
PLANS.
Section 834(e) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101–189; 15 U.S.C. 637
note) is amended by striking ‘‘September 30, 2005’’ and inserting
‘‘September 30, 2010’’.
SEC. 844. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFAC-
TURED ARTICLES AND SERVICES OF CERTAIN ARMY
INDUSTRIAL FACILITIES.
Section 141(a) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 4543 note) is
amended by striking ‘‘through 2004’’ in the first sentence and
inserting ‘‘through 2009’’.
Subtitle E—Other Acquisition Matters
SEC. 851. REVIEW AND DEMONSTRATION PROJECT RELATING TO CON-
TRACTOR EMPLOYEES.
(a) GENERAL REVIEW.—(1) The Secretary of Defense shall con-
duct a review of policies, procedures, practices, and penalties of
the Department of Defense relating to employees of defense contrac-
tors for purposes of ensuring that the Department of Defense is
in compliance with Executive Order No. 12989 (relating to a prohibi-
tion on entering into contracts with contractors that are not in
compliance with the Immigration and Nationality Act).
(2) In conducting the review, the Secretary shall—
(A) identify potential weaknesses and areas for improve-
ment in existing policies, procedures, practices, and penalties;
(B) develop and implement reforms to strengthen, upgrade,
and improve policies, procedures, practices, and penalties of
the Department of Defense and its contractors; and
10 USC 2304
note.
Deadline.
Reports.
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(C) review and analyze reforms developed pursuant to this
paragraph to identify for purposes of national implementation
those which are most efficient and effective.
(3) The review under this subsection shall be completed not
later than 180 days after the date of the enactment of this Act.
(b) DEMONSTRATION PROJECT.—The Secretary of Defense shall
conduct a demonstration project in accordance with this section,
in one or more regions selected by the Secretary, for purposes
of promoting greater contracting opportunities for contractors
offering effective, reliable staffing plans to perform defense contracts
that ensure all contract personnel employed for such projects,
including management employees, professional employees, craft
labor personnel, and administrative personnel, are lawful residents
or persons properly authorized to be employed in the United States
and properly qualified to perform services required under the con-
tract. The demonstration project shall focus on contracts for
construction, renovation, maintenance, and repair services for mili-
tary installations.
(c) DEMONSTRATION PROJECT PROCUREMENT PROCEDURES.—As
part of the demonstration project under subsection (b), the Secretary
of Defense may conduct a competition in which there is a provision
in contract solicitations and request for proposal documents to
require significant weight or credit be allocated to—
(1) reliable, effective workforce programs offered by
prospective contractors that provide background checks and
other measures to ensure the contractor is in compliance with
the Immigration and Nationality Act; and
(2) reliable, effective project staffing plans offered by
prospective contractors that specify for all contract employees
(including management employees, professionals, and craft
labor personnel) the skills, training, and qualifications of such
persons and the labor supply sources and hiring plans or proce-
dures used for employing such persons.
(d) IMPLEMENTATION OF DEMONSTRATION PROJECT.—The Sec-
retary of Defense shall begin operation of the demonstration project
required under this section after completion of the review under
subsection (a), but in no event later than 270 days after the date
of the enactment of this Act.
(e) REPORT ON DEMONSTRATION PROJECT.—Not later than six
months after award of a contract under the demonstration project,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report setting
forth a review of the demonstration project and recommendations
on the actions, if any, that can be implemented to ensure compliance
by the Department of Defense with Executive Order No. 12989.
(f) DEFINITION.—In this section, the term ‘‘military installation’’
means a base, camp, post, station, yard, center, homeport facility
for any ship, or other activity under the jurisdiction of the Depart-
ment of Defense, including any leased facility, which is located
within any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Virgin Islands,
or Guam. Such term does not include any facility used primarily
for civil works, rivers and harbors projects, or flood control projects.
Deadline.
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SEC. 852. INAPPLICABILITY OF CERTAIN FISCAL LAWS TO SETTLE-
MENTS UNDER SPECIAL TEMPORARY CONTRACT CLOSE-
OUT AUTHORITY.
Section 804(a) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1541) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a) AUTHORITY.—’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Under regulations which the Secretary of Defense may
prescribe, a settlement of a financial account for a contract for
the procurement of property or services under paragraph (1) may
be made without regard to—
‘‘(A) section 1301 of title 31, United States Code; and
‘‘(B) any other provision of law that would preclude the
Secretary from charging payments under the contract—
‘‘(i) to an unobligated balance in an appropriation avail-
able for funding that contract; or
‘‘(ii) if and to the extent that the unobligated balance
(if any) in such appropriation is insufficient for funding
such payments, to any current appropriation that is avail-
able to the Department of Defense for funding contracts
for the procurement of the same or similar property or
services.’’.
SEC. 853. CONTRACTING WITH EMPLOYERS OF PERSONS WITH
DISABILITIES.
(a) INAPPLICABILITY
OF RANDOLPH-SHEPPARD ACT
TO MESS
HALL SERVICES UNDER EXISTING JAVITS-WAGNER-O’DAY ACT CON-
TRACTS.—(1) The Randolph-Sheppard Act (20 U.S.C. 107 et seq.)
does not apply to any contract described in paragraph (2) for so
long as the contract is in effect, including for any period for which
the contract is extended pursuant to an option provided in the
contract.
(2) Paragraph (1) applies to any contract for the operation
of all or any part of a military mess hall, military troop dining
facility, or any similar dining facility operated for the purpose
of providing meals to members of the Armed Forces that—
(A) was entered into before September 30, 2005, with a
qualified nonprofit agency for the blind or a qualified nonprofit
agency for other severely handicapped in compliance with sec-
tion 3 of the Javits-Wagner-O’Day Act (41 U.S.C. 48); and
(B) either—
(i) is in effect on such date; or
(ii) was in effect on November 24, 2003.
(b) INAPPLICABILITY OF JAVITS-WAGNER-O’DAY ACT TO MESS
HALL SERVICES UNDER EXISTING RANDOLPH-SHEPPARD ACT CON-
TRACTS.—(1) The Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)
does not apply to any contract described in paragraph (2) for so
long as the contract is in effect, including for any period for which
the contract is extended pursuant to an option provided in the
contract.
(2) Paragraph (1) applies to any contract for the operation
of all or any part of a military mess hall, military troop dining
facility, or any similar dining facility operated for the purpose
of providing meals to members of the Armed Forces that—
(A) was entered into before September 30, 2005, with a
State licensing agency under the Randolph-Sheppard Act (20
U.S.C. 107 et seq.); and
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(B) either—
(i) is in effect on such date; or
(ii) was in effect on November 24, 2003.
(3) In this subsection, the term ‘‘State licensing agency’’ means
an agency designated under section 2(a)(5) of the Randolph-
Sheppard Act (20 U.S.C. 107a(a)(5)).
(c) REPEAL OF SUPERSEDED LAW.—Subsections (a) and (b) of
section 852 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108–136; 117 Stat. 1556) are repealed.
SEC. 854. DEFENSE PROCUREMENTS MADE THROUGH CONTRACTS OF
OTHER AGENCIES.
(a) LIMITATION.—The head of an agency may not procure goods
or services (under section 1535 of title 31, United States Code,
pursuant to a designation under section 11302(e) of title 40, United
States Code, or otherwise) through a contract entered into by an
agency outside the Department of Defense for an amount greater
than the simplified acquisition threshold referred to in section
2304(g) of title 10, United States Code, unless the procurement
is done in accordance with procedures prescribed by that head
of an agency for reviewing and approving the use of such contracts.
(b) EFFECTIVE DATE.—The limitation in subsection (a) shall
apply only with respect to orders for goods or services that are
issued by the head of an agency to an agency outside the Depart-
ment of Defense on or after the date that is 180 days after the
date of the enactment of this Act.
(c) INAPPLICABILITY TO CONTRACTS FOR CERTAIN SERVICES.—
This section does not apply to procurements of the following serv-
ices:
(1) Printing, binding, or blank-book work to which section
502 of title 44, United States Code, applies.
(2) Services available under programs pursuant to section
103 of the Library of Congress Fiscal Operations Improvement
Act of 2000 (Public Law 106–481; 114 Stat. 2187; 2 U.S.C.
182c).
(d) ANNUAL REPORT.—(1) For each of fiscal years 2005 and
2006, each head of an agency shall submit to the Secretary of
Defense a report on the service charges imposed on purchases
made for an amount greater than the simplified acquisition
threshold during such fiscal year through a contract entered into
by an agency outside the Department of Defense.
(2) In the case of procurements made on orders issued by
the head of a Defense Agency, Department of Defense Field Activity,
or any other organization within the Department of Defense (other
than a military department) under the authority of the Secretary
of Defense as the head of an agency, the report under paragraph
(1) shall be submitted by the head of that Defense Agency, Depart-
ment of Defense Field Activity, or other organization, respectively.
(3) The report for a fiscal year under this subsection shall
be submitted not later than December 31 of the calendar year
in which such fiscal year ends.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘head of an agency’’ means the Secretary
of Defense, the Secretary of the Army, the Secretary of the
Navy, the Secretary of the Air Force.
(2) The term ‘‘Defense Agency’’ has the meaning given
such term in section 101(a)(11) of title 10, United States Code.
10 USC 2304
note.
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(3) The term ‘‘Department of Defense Field Activity’’ has
the meaning given such term in section 101(a)(12) of such
title.
SEC. 855. REQUIREMENTS RELATING TO SOURCE SELECTION FOR
INTEGRATED SUPPORT OF AERIAL REFUELING AIR-
CRAFT FLEET FOR THE AIR FORCE.
For the selection of a provider of integrated support for the
aerial refueling aircraft fleet in any acquisition of aerial refueling
aircraft for the Air Force, the Secretary of the Air Force shall—
(1) before selecting the provider, perform all analyses
required by law of—
(A) the costs and benefits of—
(i) the alternative of using Federal Government
personnel to provide such support; and
(ii) the alternative of using contractor personnel
to provide such support;
(B) the core logistics requirements;
(C) use of performance-based logistics; and
(D) the length of contract period; and
(2) select the provider in accordance with the procedures
under the provisions of law referred to as the Competition
in Contracting Act.
TITLE IX—DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT
Subtitle A—Duties and Functions of Department of Defense
Sec. 901. Study of roles and authorities of the Director of Defense Research and
Engineering.
Sec. 902. Change of membership of specified council.
Subtitle B—Space Activities
Sec. 911. Space posture review.
Sec. 912. Panel on the future of national security space launch.
Sec. 913. Operationally responsive national security satellites.
Sec. 914. Nondisclosure of certain products of commercial satellite operations.
Subtitle C—Intelligence-Related Matters
Sec. 921. Two-year extension of authority of the Secretary of Defense to engage in
commercial activities as security for intelligence collection activities
abroad.
Sec. 922. Pilot program on cryptologic service training.
Subtitle D—Other Matters
Sec. 931. Strategic plan for destruction of lethal chemical agents and munitions
stockpile.
Sec. 932. Secretary of Defense criteria for and guidance on identification and inter-
nal transmission of critical information.
Subtitle A—Duties and Functions of Department of Defense
SEC. 901. STUDY OF ROLES AND AUTHORITIES OF THE DIRECTOR OF
DEFENSE RESEARCH AND ENGINEERING.
(a) STUDY REQUIRED.—The Secretary of Defense shall carry
out a study of the roles and authorities of the Director of Defense
Research and Engineering.
(b) CONTENT OF STUDY.—The study under subsection (a) shall
include the following:
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(1) An examination of the past and current roles and
authorities 
of 
the 
Director 
of 
Defense 
Research 
and
Engineering.
(2) An analysis to determine appropriate future roles and
authorities for the Director, including an analysis of the fol-
lowing matters:
(A) The relationship of the Director to other senior
science and technology and acquisition officials of the mili-
tary departments and the Defense Agencies
(B) The relationship of the Director to the performance
of the following functions:
(i) The planning, programming, and budgeting of
the science and technology programs of the Department
of Defense, including those of the military departments
and the Defense Agencies.
(ii) The management of Department of Defense
laboratories and technical centers, including the
management of the Federal Government scientific and
technical workforce for such laboratories and centers.
(iii) The promotion of the rapid transition of tech-
nologies to acquisition programs within the Depart-
ment of Defense.
(iv) The promotion of the transfer of technologies
into and from the commercial sector.
(v) The coordination of Department of Defense
science and technology activities with organizations
outside the Department of Defense, including other
Federal Government agencies, international research
organizations, industry, and academia.
(vi) The technical review of Department of Defense
acquisition programs and policies.
(vii) The training and educational activities for
the national scientific and technical workforce.
(viii) The development of science and technology
policies and programs relating to the maintenance of
the national technology and industrial base.
(ix) The development of new technologies in sup-
port of the transformation of the Armed Forces.
(3) An examination of the duties of the Director as the
Chief Technology Officer of the Department of Defense as pre-
scribed by Department of Defense Directive 5134.3, dated
November 3, 2003, especially in comparison to the duties of
similar positions in the Federal Government and industry.
(4) An examination of any other matter that the Secretary
considers appropriate for the study.
(c) REPORT.—(1) Not later than February 1, 2006, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives a report on the results of the study under this section.
(2) The report shall include recommendations regarding the
appropriate roles and authorities that should be assigned and
resources that should be provided to the Director of Defense
Research and Engineering.
(d) ROLE OF DEFENSE SCIENCE BOARD IN STUDY AND REPORT.—
The Secretary shall act through the Defense Science Board in
carrying out the study under subsection (a) and in preparing the
report under subsection (c).
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PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 902. CHANGE OF MEMBERSHIP OF SPECIFIED COUNCIL.
(a) MEMBERSHIP OF COUNCIL UNDER SECTION 179.—Subsection
(a) of section 179 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(4) The Under Secretary of Defense for Policy.’’.
(b) CONFORMING
AND CLARIFYING AMENDMENTS.—Such sub-
section is further amended in the matter preceding paragraph (1)—
(1) by striking ‘‘Joint’’; and
(2) by striking ‘‘composed of three members as follows:’’
and inserting ‘‘operated as a joint activity of the Department
of Defense and the Department of Energy. The membership
of the Council is comprised of the following officers of those
departments:’’.
(c) OTHER TECHNICAL
AND CLARIFYING AMENDMENTS.—Such
section is further amended as follows:
(1) Subsection (c)(3)(B) is amended by striking ‘‘appointed’’
and inserting ‘‘designated’’.
(2) Subsection (e) is amended by striking ‘‘In addition’’
and all that follows through ‘‘also’’ and inserting ‘‘The Council
shall’’.
(3) Subsection (f) is amended by striking ‘‘Committee on’’
the first place it appears and all that follows through ‘‘Rep-
resentatives’’ and inserting ‘‘congressional defense committees’’.
(d) STYLISTIC AMENDMENTS.—Such section is further amended
as follows:
(1) Subsection (a) is amended by inserting ‘‘ESTABLISHMENT;
MEMBERSHIP.—’’ after ‘‘(a)’’.
(2) Subsection (b) is amended by inserting ‘‘CHAIRMAN;
MEETINGS.—’’ after ‘‘(b)’’.
(3) Subsection (c) is amended by inserting ‘‘STAFF
AND
ADMINISTRATIVE SERVICES; STAFF DIRECTOR.—’’ after ‘‘(c)’’.
(4) Subsection (d) is amended by inserting ‘‘RESPONSIBIL-
ITIES.—’’ after ‘‘(d)’’.
(5) Subsection (e) is amended by inserting ‘‘REPORT ON
DIFFICULTIES RELATING
TO SAFETY
OR RELIABILITY.—’’ after
‘‘(e)’’.
(6) Subsection (f) is amended by inserting ‘‘ANNUAL
REPORT.—’’ after ‘‘(f)’’.
(e) FURTHER CONFORMING AMENDMENTS.—Section 3212(e) of
the National Nuclear Security Administration Act (50 U.S.C.
2402(e)) is amended—
(1) by striking ‘‘JOINT’’ in the subsection heading; and
(2) by striking ‘‘Joint’’.
Subtitle B—Space Activities
SEC. 911. SPACE POSTURE REVIEW.
(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—In order to
clarify the national security space policy and strategy of the United
States for the near term, the Secretary of Defense shall conduct
a comprehensive review of the space posture of the United States
over the posture review period.
(b) ELEMENTS OF REVIEW.—The review conducted under sub-
section (a) shall include, for the posture review period, the following:
(1) The definition, policy, requirements, and objectives for
each of the following:
(A) Space situational awareness.
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118 STAT. 2026
PUBLIC LAW 108–375—OCT. 28, 2004
(B) Space control.
(C) Space superiority, including defensive and offensive
counterspace.
(D) Force enhancement and force application.
(E) Space-based intelligence, surveillance, and recon-
naissance from space.
(F) Any other matter the Secretary considers relevant
to understanding the United States space posture.
(2) Current and planned space acquisition programs that
are in acquisition categories 1 and 2, including how each such
program will address the policy, requirements, and objectives
described under each of subparagraphs (A) through (F) of para-
graph (1).
(3) Future space systems and technology development
(other than those in development as of the date of the enact-
ment of this Act) necessary to address the policy, requirements,
and objectives described under each of subparagraphs (A)
through (F) of paragraph (1).
(4) The relationship among—
(A) United States military space policy;
(B) national security space policy;
(C) national security space objectives; and
(D) arms control policy.
(5) Effect of United States military and national security
space policy on the proliferation of weapons capable of targeting
objects in space or objects on Earth from space.
(c) REPORTS.—(1) Not later than March 15, 2005, the Secretary
of Defense shall submit to the congressional committees specified
in paragraph (4) an interim report on the review conducted under
subsection (a).
(2) Not later than December 31, 2005, the Secretary shall
submit to those committees a final report on that review.
(3) Each report under this subsection shall be submitted in
unclassified form, but may include a classified annex.
(4) The reports under this subsection shall be submitted to
the Committee on Armed Services and the Select Committee on
Intelligence of the Senate and the Committee on Armed Services
and the Permanent Select Committee on Intelligence of the House
of Representatives.
(d) JOINT UNDERTAKING WITH
THE DIRECTOR
OF CENTRAL
INTELLIGENCE (OR SUCCESSOR).—The Secretary of Defense shall
conduct the review under this section, and shall submit the reports
under subsection (c), jointly with the Director of Central Intelligence
(or any successor official who has responsibility for management
of the intelligence community).
(e) POSTURE REVIEW PERIOD.—In this section, the term ‘‘posture
review period’’ means the 10-year period beginning on the first
day of the first month beginning more than one year after the
date of the enactment of this Act.
SEC. 912. PANEL ON THE FUTURE OF NATIONAL SECURITY SPACE
LAUNCH.
(a) IN GENERAL.—(1) The Secretary of Defense shall enter into
a contract with a federally funded research and development center
to establish a panel on the future national security space launch
requirements of the United States, including means of meeting
those requirements.
Contracts.
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(2) The Secretary shall enter into the contract not later than
60 days after the date of the enactment of this Act.
(b) MEMBERSHIP AND ADMINISTRATION OF PANEL.—(1) The panel
shall consist of individuals selected by the federally funded research
and development center from among private citizens of the United
States with knowledge and expertise in one or more of the following
areas:
(A) Space launch operations.
(B) Space launch technologies.
(C) Satellite and satellite payloads.
(D) State and national launch complexes.
(E) Space launch economics.
(2) The federally funded research and development center shall
establish appropriate procedures for the administration of the panel,
including designation of the chairman of the panel from among
its members.
(3) All panel members shall hold security clearances appropriate
for the work of the panel.
(4) The panel shall convene its first meeting not later than
30 days after the date on which all members of the panel have
been selected.
(c) DUTIES.—(1) The panel shall conduct a review and assess-
ment of the future national security space launch requirements
of the United States, including the means of meeting those require-
ments.
(2) The review and assessment shall take into account the
following matters:
(A) Launch economics.
(B) Operational concepts and architectures.
(C) Launch technologies, including—
(i) reusable launch vehicles;
(ii) expendable launch vehicles;
(iii) low cost options; and
(iv) revolutionary approaches.
(D) Payloads, including the implications of payloads for
launch requirements.
(E) Launch infrastructure.
(F) Launch industrial base.
(G) Relationships among military, civilian, and commercial
launch requirements.
(3) The review and assessment shall address national security
space launch requirements over each of the 5-year, 10-year, and
15-year periods beginning with 2005.
(d) INFORMATION FROM FEDERAL
AND STATE AGENCIES.—(1)
The panel may secure directly from the Department of Defense,
from any other department or agency of the Federal Government,
and any State government any information that the panel considers
necessary to carry out its duties.
(2) The Secretary of Defense shall designate at least one senior
civilian employee of the Department of Defense and at least one
general or flag officer of an Armed Force to serve as liaison between
the Department, the Armed Forces, and the panel.
(e) REPORT.—Not later than one year after the date of the
first meeting of the panel under subsection (b)(4), the panel shall
submit to the Secretary of Defense, the congressional defense
committees, the Select Committee on Intelligence of the Senate,
and the Permanent Select Committee on Intelligence of the House
Deadline.
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118 STAT. 2028
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of Representatives a report on the results of the review and assess-
ment under subsection (c). The report shall include—
(1) the findings and conclusions of the panel on the future
national security space launch requirements of the United
States, including means of meeting such requirements;
(2) the assessment of panel, and any recommendations
of the panel, on—
(A) launch operational concepts and architectures;
(B) launch technologies;
(C) launch enabling technologies; and
(D) priorities for funding; and
(3) the assessment of the panel as to the best means
of meeting the future national security space launch require-
ments of the United States.
(f) TERMINATION.—The panel shall terminate 16 months after
the date of the first meeting of the panel under subsection (b)(4).
(g) FUNDING.—Amounts authorized to be appropriated to the
Department of Defense shall be available to the Secretary of Defense
for purposes of the contract required by subsection (a).
SEC. 913. OPERATIONALLY RESPONSIVE NATIONAL SECURITY SAT-
ELLITES.
(a) PLANNING, PROGRAMMING, AND MANAGEMENT.—(1) Chapter
135 of title 10, United States Code, is amended by inserting after
section 2273 the following new section:
‘‘§ 2273a. Operationally responsive national security payloads
and buses: separate program element required
‘‘(a) REQUIREMENT FOR PROGRAM ELEMENT.—The Secretary of
Defense shall ensure that, within budget program elements for
space programs of the Department of Defense, there is a separate,
dedicated program element for operationally responsive national
security payloads and buses of the Department of Defense for
space satellites and that programs and activities for such payloads
and buses are planned, programmed, and budgeted for through
that program element.
‘‘(b) MANAGEMENT AUTHORITY.—The Secretary of Defense shall
assign management authority for the program element required
under subsection (a) to the Director of the Office of Force Trans-
formation of the Department of Defense.
‘‘(c) DEFINITION OF OPERATIONALLY RESPONSIVE.—In this sec-
tion, the term ‘operationally responsive’, with respect to a national
security payload and bus for a space satellite, means an experi-
mental or operational payload and bus with a weight not in excess
of 5,000 pounds that—
‘‘(1) can be developed and acquired within 18 months after
authority to proceed with development is granted; and
‘‘(2) is responsive to requirements for capabilities at the
operational and tactical levels of warfare.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2273
the following new item:
‘‘2273a. Operationally responsive national security payloads and buses: separate
program element required.’’.
(b) TIME FOR IMPLEMENTATION.—Subsection (a) of section 2273a
of title 10, United States Code, as added by subsection (a), shall
apply with respect to fiscal years after fiscal year 2005.
10 USC 2273a
note.
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SEC. 914. NONDISCLOSURE OF CERTAIN PRODUCTS OF COMMERCIAL
SATELLITE OPERATIONS.
(a) MANDATORY DISCLOSURE REQUIREMENTS INAPPLICABLE.—
The requirements to make information available under section 552
of title 5, United States Code, shall not apply to land remote
sensing information.
(b) LAND REMOTE SENSING INFORMATION DEFINED.—In this
section, the term ‘‘land remote sensing information’’—
(1) means any data that—
(A) are collected by land remote sensing; and
(B) are prohibited from sale to customers other than
the United States Government and United States Govern-
ment-approved customers for reasons of national security
pursuant to the terms of an operating license issued pursu-
ant to the Land Remote Sensing Policy Act of 1992 (15
U.S.C. 5601 et seq.); and
(2) includes any imagery and other product that is derived
from such data and which is prohibited from sale to customers
other than the United States Government and United States
Government-approved customers for reasons of national secu-
rity pursuant to the terms of an operating license described
in paragraph (1)(B).
(c) STATE OR LOCAL GOVERNMENT DISCLOSURES.—Land remote
sensing information provided by the head of a department or agency
of the United States to a State, local, or tribal government may
not be made available to the general public under any State, local,
or tribal law relating to the disclosure of information or records.
(d) SAFEGUARDING INFORMATION.—The head of each department
or agency of the United States having land remote sensing informa-
tion within that department or agency or providing such information
to a State, local, or tribal government shall take such actions,
commensurate with the sensitivity of that information, as are nec-
essary to protect that information from disclosure other than in
accordance with this section and other applicable law.
(e) ADDITIONAL DEFINITION.—In this section, the term ‘‘land
remote sensing’’ has the meaning given such term in section 3
of the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5602).
(f) DISCLOSURE TO CONGRESS.—Nothing in this section shall
be construed to authorize the withholding of information from the
appropriate committees of Congress.
Subtitle C—Intelligence-Related Matters
SEC. 921. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY
OF DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES
AS SECURITY FOR INTELLIGENCE COLLECTION ACTIVI-
TIES ABROAD.
Section 431(a) of title 10, United States Code, is amended
by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2006’’.
SEC. 922. PILOT PROGRAM ON CRYPTOLOGIC SERVICE TRAINING.
(a) PROGRAM AUTHORIZED.—The Director of the National Secu-
rity Agency may carry out a pilot program on cryptologic service
training for the intelligence community.
(b) OBJECTIVE OF PROGRAM.—The objective of the pilot program
is to increase the number of qualified entry-level language analysts
50 USC 402 note.
5 USC 552 note.
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and intelligence analysts available to the National Security Agency
and the other elements of the intelligence community through the
directed preparation and recruitment of qualified entry-level lan-
guage analysts and intelligence analysts who commit to a period
of service or a career in the intelligence community.
(c) PROGRAM SCOPE.—The pilot program shall be national in
scope.
(d) PROGRAM PARTICIPANTS.—(1) Subject to the provisions of
this subsection, the Director shall select the participants in the
pilot program from among individuals qualified to participate in
the pilot program utilizing such procedures as the Director considers
appropriate for purposes of the pilot program.
(2) Each individual who receives financial assistance under
the pilot program shall perform one year of obligated service with
the National Security Agency, or another element of the intelligence
community approved by the Director, for each academic year for
which such individual receives such financial assistance upon such
individual’s completion of post-secondary education.
(3) Each individual selected to participate in the pilot program
shall be qualified for a security clearance appropriate for the indi-
vidual under the pilot program.
(4) The total number of participants in the pilot program at
any one time may not exceed 400 individuals.
(e) PROGRAM MANAGEMENT.—In carrying out the pilot program,
the Director shall—
(1) identify individuals interested in working in the intel-
ligence community, and committed to taking college-level
courses that will better prepare them for a career in the intel-
ligence community as a language analyst or intelligence
analyst;
(2) provide each individual selected for participation in
the pilot program—
(A) financial assistance for the pursuit of courses at
institutions of higher education selected by the Director
in fields of study that will qualify such individual for
employment by an element of the intelligence community
as a language analyst or intelligence analyst; and
(B) educational counseling on the selection of courses
to be so pursued; and
(3) provide each individual so selected information on the
opportunities available for employment in the intelligence
community.
(f) DURATION OF PROGRAM.—(1) The Director shall terminate
the pilot program not later than six years after the date of the
enactment of this Act.
(2) The termination of the pilot program under paragraph (1)
shall not prevent the Director from continuing to provide assistance,
counseling, and information under subsection (e) to individuals
who are participating in the pilot program on the date of termi-
nation of the pilot program throughout the academic year in
progress as of that date.
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Subtitle D—Other Matters
SEC. 931. STRATEGIC PLAN FOR DESTRUCTION OF LETHAL CHEMICAL
AGENTS AND MUNITIONS STOCKPILE.
Subsection (d) of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), is amended to read as
follows:
‘‘(d) REQUIREMENT FOR STRATEGIC PLAN.—(1) The Under Sec-
retary of Defense for Acquisition, Technology, and Logistics and
the Secretary of the Army shall jointly prepare, and from time
to time shall update as appropriate, a strategic plan for future
activities for destruction of the United States’ stockpile of lethal
chemical agents and munitions.
‘‘(2) The plan shall include, at a minimum, the following consid-
erations:
‘‘(A) Realistic budgeting for stockpile destruction and
related support programs.
‘‘(B) Contingency planning for foreseeable or anticipated
problems.
‘‘(C) A management approach and associated actions that
address compliance with the obligations of the United States
under the Chemical Weapons Convention treaty and that take
full advantage of opportunities to accelerate destruction of the
stockpile.
‘‘(3) The Secretary of Defense shall each year submit to the
Committee on the Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives the strategic
plan as most recently prepared and updated under paragraph (1).
Such submission shall be made each year at the time of the submis-
sion to the Congress that year of the President’s budget for the
next fiscal year.’’.
SEC. 932. SECRETARY OF DEFENSE CRITERIA FOR AND GUIDANCE
ON IDENTIFICATION AND INTERNAL TRANSMISSION OF
CRITICAL INFORMATION.
(a) CRITERIA FOR CRITICAL INFORMATION.—(1) The Secretary
of Defense shall establish criteria for determining categories of
critical information that should be made known expeditiously to
senior civilian and military officials in the Department of Defense.
Those categories should be limited to matters of extraordinary
significance and strategic impact to which rapid access by those
officials is essential to the successful accomplishment of the national
security strategy or a major military mission. The Secretary may
from time to time modify the list to suit the current strategic
situation.
(2) The Secretary shall provide the criteria established under
paragraph (1) to the Chairman of the Joint Chiefs of Staff, the
Secretaries of the military departments, the commanders of the
unified and specified commands, the commanders of deployed forces,
and such other elements of the Department of Defense as the
Secretary considers necessary.
(b) MATTERS TO BE INCLUDED.—The criteria established under
subsection (a) shall include, at a minimum, requirement for identi-
fication of the following:
(1) Any incident that may result in a contingency operation,
based on the incident’s nature, gravity, or potential for signifi-
cant adverse consequences to United States citizens, military
10 USC 113 note.
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personnel, interests, or assets, including an incident that could
result in significant adverse publicity having a major strategic
impact.
(2) Any event, development, or situation that could be
reasonably assumed to escalate into an incident described in
paragraph (1).
(3) Any deficiency or error in policy, standards, or training
that could be reasonably assumed to have the effects described
in paragraph (1).
(c) REQUIREMENTS FOR TRANSMISSION OF CRITICAL INFORMA-
TION.—The criteria under subsection (a) shall include such require-
ments for transmission of such critical information to such senior
civilian and military officials of the Department of Defense as
the Secretary of Defense considers appropriate.
(d) TIME FOR ISSUANCE OF CRITERIA.—The Secretary of Defense
shall establish the criteria required by subsection (a) not later
than 120 days after the date of the enactment of this Act.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. United States contribution to NATO common-funded budgets in fiscal
year 2005.
Sec. 1003. Budget justification documents for operation and maintenance.
Sec. 1004. Licensing of intellectual property.
Sec. 1005. Repeal of funding restrictions concerning development of medical coun-
termeasures against biological warfare threats.
Sec. 1006. Report on budgeting for exchange rates for foreign currency fluctuations.
Sec. 1007. Fiscal year 2004 transfer authority.
Sec. 1008. Clarification of fiscal year 2004 funding level for a National Institute of
Standards and Technology account.
Sec. 1009. Notification of fund transfers from working-capital funds.
Sec. 1010. Charges for Defense Logistics Information Services materials.
Subtitle B—Naval Vessels and Shipyards
Sec. 1011. Authority for award of contracts for ship dismantling on net-cost basis.
Sec. 1012. Use of proceeds from exchange and sale of obsolete navy service craft
and boats.
Sec. 1013. Transfer of naval vessels to certain foreign recipients.
Sec. 1014. Independent study to assess cost effectiveness of the Navy ship construc-
tion program.
Sec. 1015. Limitation on disposal of obsolete naval vessel.
Subtitle C—Counterdrug Matters
Sec. 1021. Use of funds for unified counterdrug and counterterrorism campaign in
Colombia.
Sec. 1022. Sense of Congress and report regarding counter-drug efforts in Afghani-
stan.
Subtitle D—Matters Relating to Museums and Commemorations
Sec. 1031. Recognition of the Liberty Memorial Museum, Kansas City, Missouri, as
America’s National World War I Museum.
Sec. 1032. Program to commemorate 60th anniversary of World War II.
Sec. 1033. Annual report on Department of Defense operation and financial support
for military museums.
Subtitle E—Reports
Sec. 1041. Quarterly detailed accounting for operations conducted as part of the
Global War on Terrorism.
Sec. 1042. Report on post-major combat operations phase of Operation Iraqi Free-
dom.
Sec. 1043. Report on training provided to members of the Armed Forces to prepare
for post-conflict operations.
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Sec. 1044. Report on establishing National Centers of Excellence for unmanned
aerial and ground vehicles.
Sec. 1045. Study of continued requirement for two-crew manning for ballistic mis-
sile submarines.
Sec. 1046. Report on Department of Defense programs for prepositioning of mate-
riel and equipment.
Sec. 1047. Report on al Quaeda and associated groups in Latin America and the
Caribbean.
Subtitle F—Defense Against Terrorism and Other Domestic Security
Matters
Sec. 1051. Acceptance of communications equipment provided by local public safety
agencies.
Sec. 1052. Determination and report on full-time airlift support for homeland de-
fense operations.
Sec. 1053. Survivability of critical systems exposed to chemical or biological con-
tamination.
Subtitle G—Personnel Security Matters
Sec. 1061. Use of National Driver Register for personnel security investigations and
determinations.
Sec. 1062. Standards for disqualification from eligibility for Department of Defense
security clearance.
Subtitle H—Transportation-Related Matters
Sec. 1071. Use of military aircraft to transport mail to and from overseas locations.
Sec. 1072. Reorganization and clarification of certain provisions relating to control
and supervision of transportation within the Department of Defense.
Sec. 1073. Evaluation of procurement practices relating to transportation of secu-
rity-sensitive cargo.
Subtitle I—Other Matters
Sec. 1081. Liability protection for Department of Defense volunteers working in
maritime environment.
Sec. 1082. Sense of Congress concerning media coverage of the return to the United
States of the remains of deceased members of the Armed Forces from
overseas.
Sec. 1083. Transfer of historic F3A–1 Brewster Corsair aircraft.
Sec. 1084. Technical and clerical amendments.
Sec. 1085. Preservation of search and rescue capabilities of the Federal Govern-
ment.
Sec. 1086. Acquisition of aerial firefighting equipment for National Interagency
Fire Center.
Sec. 1087. Revision to requirements for recognition of institutions of higher edu-
cation as Hispanic-serving institutions for purposes of certain grants
and contracts.
Sec. 1088. Military extraterritorial jurisdiction over contractors supporting defense
missions overseas.
Sec. 1089. Definition of United States for purposes of Federal crime of torture.
Sec. 1090. Energy savings performance contracts.
Sec. 1091. Sense of Congress and policy concerning persons detained by the United
States.
Sec. 1092. Actions to prevent the abuse of detainees.
Sec. 1093. Reporting requirements.
Sec. 1094. Findings and sense of Congress concerning Army Specialist Joseph
Darby.
Subtitle A—Financial Matters
SEC. 1001. 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 division 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.
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(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$3,500,000,000.
(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; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(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.—The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2005.
(a) FISCAL YEAR 2005 LIMITATION.—The total amount contrib-
uted by the Secretary of Defense in fiscal year 2005 for the common-
funded budgets of NATO may be any amount up to, but not in
excess of, the amount specified in subsection (b) (rather than the
maximum amount that would otherwise be applicable to those
contributions under the fiscal year 1998 baseline limitation).
(b) TOTAL AMOUNT.—The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end
of fiscal year 2004, of funds appropriated for fiscal years before
fiscal year 2005 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to
be made under section 2501.
(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appro-
priated by titles II and III of this Act are available for contributions
for the common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $756,000
for the Civil Budget.
(2) Of the amount provided in section 301(1), $222,492,000
for the Military Budget.
(d) DEFINITIONS.—For purposes of this section:
(1) 
COMMON-FUNDED
BUDGETS
OF
NATO.—The 
term
‘‘common-funded budgets of NATO’’ means the Military Budget,
the Security Investment Program, and the Civil Budget of
the North Atlantic Treaty Organization (and any successor
or additional account or program of NATO).
(2) FISCAL
YEAR
1998
BASELINE
LIMITATION.—The term
‘‘fiscal year 1998 baseline limitation’’ means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the Senate
giving the advice and consent of the Senate to the ratification
of the Protocols to the North Atlantic Treaty of 1949 on the
Accession of Poland, Hungary, and the Czech Republic (as
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118 STAT. 2035
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defined in section 4(7) of that resolution), approved by the
Senate on April 30, 1998.
SEC. 1003. BUDGET JUSTIFICATION DOCUMENTS FOR OPERATION AND
MAINTENANCE.
(a) IN GENERAL.—(1) Chapter 9 of title 10, United States Code,
is amended by adding after section 232, as added by section 214(a),
the following new section:
‘‘§ 233. Operation and maintenance budget presentation
‘‘(a) IDENTIFICATION OF BASELINE AMOUNTS IN O&M JUSTIFICA-
TION DOCUMENTS.—In any case in which the amount requested
in the President’s budget for a fiscal year for a Department of
Defense operation and maintenance program, project, or activity
is different from the amount appropriated for that program, project,
or activity for the current year, the O&M justification documents
supporting that budget shall identify that appropriated amount
and the difference between that amount and the amount requested
in the budget, stated as an amount and as a percentage.
‘‘(b) NAVY
FOR SHIP DEPOT MAINTENANCE
AND
FOR INTER-
MEDIATE SHIP MAINTENANCE.—In the O&M justification documents
for the Navy for any fiscal year, amounts requested for ship depot
maintenance and amounts requested for intermediate ship mainte-
nance shall be identified and distinguished.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘O&M justification documents’ means Depart-
ment of Defense budget justification documents with respect
to accounts for operation and maintenance submitted to the
congressional defense committees in support of the Department
of Defense component of the President’s budget for any fiscal
year.
‘‘(2) The term ‘President’s budget’ means the budget of
the President submitted to Congress under section 1105 of
title 31 for any fiscal year.
‘‘(3) The term ‘current year’ means the fiscal year during
which the President’s budget is submitted in any year.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 232, as
added by section 214(b), the following new item:
‘‘233. Operation and maintenance budget presentation.’’.
(b) COMPONENTS OF LINE ITEMS FOR OTHER COSTS AND OTHER
CONTRACTS.—Not later than March 1, 2005, the Secretary of
Defense shall submit to the congressional defense committees a
report setting forth the component elements of the line items identi-
fied as ‘‘Other Costs’’ and ‘‘Other Contracts’’ in the exhibit identified
as ‘‘Summary of Price and Program Changes’’ in the budget justifica-
tion materials submitted to those committees in support of the
budget for fiscal year 2006.
SEC. 1004. LICENSING OF INTELLECTUAL PROPERTY.
(a) AUTHORITY.—Subchapter II of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 2260. Licensing of intellectual property: retention of fees
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary
of Defense, the Secretary concerned may license trademarks, service
Regulations.
Deadline.
Reports.
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118 STAT. 2036
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marks, certification marks, and collective marks owned or controlled
by the Secretary concerned and may retain and expend fees received
from such licensing in accordance with this section.
‘‘(b) DESIGNATED MARKS.—The Secretary concerned shall des-
ignate the trademarks, service marks, certification marks, and
collective marks regarding which the Secretary will exercise the
authority to retain licensing fees under this section.
‘‘(c) USE
OF FEES.—The Secretary concerned shall use fees
retained under this section for the following purposes:
‘‘(1) For payment of the following costs incurred by the
Secretary:
‘‘(A) Costs of securing trademark registrations.
‘‘(B) Costs of operating the licensing program under
this section.
‘‘(2) For morale, welfare, and recreation activities under
the jurisdiction of the Secretary, to the extent (if any) that
the total amount of the licensing fees available under this
section for a fiscal year exceed the total amount needed for
such fiscal year under paragraph (1).
‘‘(d) AVAILABILITY.—Fees received in a fiscal year and retained
under this section shall be available for obligation in such fiscal
year and the following two fiscal years.
‘‘(e) DEFINITIONS.—In this section, the terms ‘trademark’,
‘service mark’, ‘certification mark’, and ‘collective mark’ have the
meanings given such terms in section 45 of the Act of July 5,
1946 (commonly referred to as the Trademark Act of 1946; 15
U.S.C. 1127).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the
following new item:
‘‘2260. Licensing of intellectual property: retention of fees.’’.
SEC. 
1005. 
REPEAL 
OF 
FUNDING 
RESTRICTIONS 
CONCERNING
DEVELOPMENT 
OF 
MEDICAL 
COUNTERMEASURES
AGAINST BIOLOGICAL WARFARE THREATS.
(a) REPEAL.—Section 2370a of title 10, United States Code,
is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 139 of such title is amended by striking the item
relating to that section.
SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES FOR FOR-
EIGN CURRENCY FLUCTUATIONS.
(a) SECRETARY
OF
DEFENSE
REPORT.—(1) Not later than
December 1, 2004, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report on
the foreign currency exchange rate projection used in annual
Department of Defense budget presentations.
(2) In the report under paragraph (1), the Secretary shall—
(A) identify alternative approaches for selecting foreign
currency exchange rates that would produce more realistic esti-
mates of amounts required to be appropriated or otherwise
made available for the Department of Defense to accommodate
foreign currency exchange rate fluctuations;
(B) discuss the advantages and disadvantages of each
approach identified pursuant to subparagraph (A); and
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118 STAT. 2037
PUBLIC LAW 108–375—OCT. 28, 2004
(C) identify the Secretary’s preferred approach among the
alternatives identified pursuant to subparagraph (A) and pro-
vide the Secretary’s rationale for preferring that approach.
(3) In identifying alternative approaches pursuant to paragraph
(2)(A), the Secretary shall examine—
(A) approaches used by other Federal departments and
agencies; and
(B) the feasibility of using private economic forecasting.
(b) COMPTROLLER GENERAL REVIEW AND REPORT.—The Comp-
troller General shall review the report under subsection (a),
including the basis for the Secretary’s conclusions stated in the
report, and shall submit, not later than January 15, 2005, to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report con-
taining the results of that review.
SEC. 1007. FISCAL YEAR 2004 TRANSFER AUTHORITY.
Section 1001(a)(2) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1582) is
amended 
by 
striking 
‘‘$2,500,000,000’’ 
and 
inserting
‘‘$2,800,000,000’’.
SEC. 1008. CLARIFICATION OF FISCAL YEAR 2004 FUNDING LEVEL FOR
A NATIONAL INSTITUTE OF STANDARDS AND TECH-
NOLOGY ACCOUNT.
For the purposes of applying sections 204 and 605 of the Depart-
ments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2004 (division B of Public Law 108–
199) to matters in title II of such Act under the heading ‘‘NATIONAL
INSTITUTE OF STANDARDS AND TECHNOLOGY’’ (118 Stat. 69), in the
account under the heading ‘‘INDUSTRIAL TECHNOLOGY SERVICES’’,
the Secretary of Commerce shall make all determinations based
on the Industrial Technology Services funding level of $218,782,000
for reprogramming and transferring of funds for the Manufacturing
Extension Partnership program and may submit such a reprogram-
ming or transfer, as the case may be, to the appropriate committees
within 30 days after the date of the enactment of this Act.
SEC. 1009. NOTIFICATION OF FUND TRANSFERS FROM WORKING-CAP-
ITAL FUNDS.
Section 2208 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(r) NOTIFICATION
OF TRANSFERS.—(1) Notwithstanding any
authority provided in this section to transfer funds, the transfer
of funds from a working-capital fund, including a transfer to another
working-capital fund, shall not be made under such authority unless
the Secretary of Defense submits, in advance, a notification of
the proposed transfer to the congressional defense committees in
accordance with customary procedures.
‘‘(2) The amount of a transfer covered by a notification under
paragraph (1) that is made in a fiscal year does not count toward
any limitation on the total amount of transfers that may be made
for that fiscal year under authority provided to the Secretary of
Defense in a law authorizing appropriations for a fiscal year for
military activities of the Department of Defense or a law making
appropriations for the Department of Defense.’’.
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118 STAT. 2038
PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 1010. CHARGES FOR DEFENSE LOGISTICS INFORMATION SERV-
ICES MATERIALS.
(a) AUTHORITY.—Subchapter I of chapter 8 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 197. Defense Logistics Agency: fees charged for logistics
information
‘‘(a) AUTHORITY.—The Secretary of Defense may charge fees
for providing information in the Federal Logistics Information
System through Defense Logistics Information Services to a depart-
ment or agency of the executive branch outside the Department
of Defense, or to a State, a political subdivision of a State, or
any person.
‘‘(b) AMOUNT.—The fee or fees prescribed under subsection (a)
shall be such amount or amounts as the Secretary of Defense
determines appropriate for recovering the costs of providing
information as described in such subsection.
‘‘(c) RETENTION
OF FEES.—Fees collected under this section
shall be credited to the appropriation available for Defense Logistics
Information Services for the fiscal year in which collected, shall
be merged with other sums in such appropriation, and shall be
available for the same purposes and period as the appropriation
with which merged.
‘‘(d) DEFENSE LOGISTICS INFORMATION SERVICES DEFINED.—In
this section, the term ‘Defense Logistics Information Services’ means
the organization within the Defense Logistics Agency that is known
as Defense Logistics Information Services.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the
following new item:
‘‘197. Defense Logistics Agency: fees charged for logistics information.’’.
Subtitle B—Naval Vessels and Shipyards
SEC. 1011. AUTHORITY FOR AWARD OF CONTRACTS FOR SHIP DISMAN-
TLING ON NET-COST BASIS.
(a) IN GENERAL.—Chapter 633 of title 10, United States Code,
is amended by inserting after section 7305 the following new section:
‘‘§ 7305a. Vessels stricken from Naval Vessel Register: con-
tracts for dismantling on net-cost basis
‘‘(a) AUTHORITY FOR NET-COST BASIS CONTRACTS.—When the
Secretary of the Navy awards a contract for the dismantling of
a vessel stricken from the Naval Vessel Register, the Secretary
may award the contract on a net-cost basis.
‘‘(b) RETENTION
BY CONTRACTOR
OF PROCEEDS
OF SALE
OF
SCRAP AND REUSABLE ITEMS.—When the Secretary awards a con-
tract on a net-cost basis under subsection (a), the Secretary shall
provide in the contract that the contractor may retain the proceeds
from the sale of scrap and reusable items removed from the vessel
dismantled under the contract.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘net-cost basis’, with respect to a contract
for the dismantling of a vessel, means that the amount to
be paid to the contractor under the contract for dismantling
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118 STAT. 2039
PUBLIC LAW 108–375—OCT. 28, 2004
and for removal and disposal of hazardous waste material
is discounted by the offeror’s estimate of the value of scrap
and reusable items that the contractor will remove from the
vessel during performance of the contract.
‘‘(2) The term ‘scrap’ means personal property that has
no value except for its basic material content.
‘‘(3) The term ‘reusable item’ means a demilitarized compo-
nent or a removable portion of a vessel or equipment that
the Secretary of the Navy has identified as excess to the needs
of the Navy but which has potential resale value on the open
market.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 7305 the following new item:
‘‘7305a. Vessels stricken from Naval Vessel Register: contracts for dismantling on
net-cost basis.’’.
SEC. 1012. USE OF PROCEEDS FROM EXCHANGE AND SALE OF OBSO-
LETE NAVY SERVICE CRAFT AND BOATS.
(a) COSTS OF PREPARATION FOR DISPOSAL.—(1) Chapter 633
of title 10, United States Code, is amended by inserting after
section 7311 the following new section:
‘‘§ 7312. Service craft stricken from Naval Vessel Register;
obsolete boats: use of proceeds from exchange
or sale
‘‘(a) EXCHANGE OR SALE OF SIMILAR ITEMS.—When the Sec-
retary of the Navy sells an obsolete service craft or an obsolete
boat, or exchanges such a craft or boat in a transaction for which
a similar craft or boat is acquired, the Secretary may retain the
proceeds of the sale or the exchange allowance from the exchange,
as the case may be, and apply the proceeds of sale or the exchange
allowance for any of the following purposes:
‘‘(1) For payment, in whole or in part, for a similar service
craft or boat acquired as a replacement, as authorized by section
503 of title 40.
‘‘(2) For reimbursement, to the extent practicable, of the
appropriate accounts of the Navy for the full costs of prepara-
tion of such obsolete craft or boat for such sale or exchange.
‘‘(3) For deposit to the special account established under
subsection (b), to be available in accordance with that sub-
section.
‘‘(b) SPECIAL ACCOUNT.—Amounts retained under subsection
(a) that are not applied as provided in paragraph (1) or (2) of
that subsection shall be deposited into a special account. Amounts
in the account shall be available under subsection (c) without regard
to fiscal year limitation. Amounts in the account that the Secretary
of the Navy determines are not needed for the purpose stated
in subsection (c) shall be transferred at least annually to the Gen-
eral Fund of the Treasury.
‘‘(c) COSTS OF PREPARATION OF OBSOLETE SERVICE CRAFT AND
BOATS FOR FUTURE SALE OR EXCHANGE.—The Secretary may use
amounts in the account under subsection (b) for payment, in whole
or in part, for the full costs of preparation of obsolete service
craft and obsolete boats for future sale or exchange.
‘‘(d) COSTS OF PREPARATION FOR SALE OR EXCHANGE.—In this
section, the term ‘full costs of preparation’ means the full costs
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118 STAT. 2040
PUBLIC LAW 108–375—OCT. 28, 2004
(direct and indirect) incurred by the Navy in preparing an obsolete
service craft or an obsolete boat for exchange or sale, including
the cost of the following:
‘‘(1) Towing.
‘‘(2) Storage.
‘‘(3) Defueling.
‘‘(4) Removal and disposal of hazardous wastes.
‘‘(5) Environmental surveys to determine the presence of
regulated materials containing polychlorinated biphenyl (PCB)
and, if such materials are found, the removal and disposal
of such materials.
‘‘(6) Other costs related to such preparation.
‘‘(e) OBSOLETE SERVICE CRAFT.—For purposes of this section,
an obsolete service craft is a service craft that has been stricken
from the Naval Vessel Register.
‘‘(f) INAPPLICABILITY OF ADVERTISING REQUIREMENT.—Section
3709 of the Revised Statutes (41 U.S.C. 5) does not apply to sales
of service craft and boats described in subsection (a).
‘‘(g) REGULATIONS.—The Secretary of the Navy shall prescribe
regulations for the purposes of this section.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 7311
the following new item:
‘‘7312. Service craft stricken from Naval Vessel Register; obsolete boats: use of pro-
ceeds from exchange or sale.’’.
(b) APPLICABILITY.—Section 7312 of title 10, United States
Code, as added by subsection (a), shall apply with respect to
amounts received on or after the date of the enactment of this
Act and to amounts received before the date of the enactment
of this Act and not obligated as of that date.
SEC. 1013. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN
RECIPIENTS.
(a) TRANSFERS
BY GRANT.—The President is authorized to
transfer vessels to foreign recipients on a grant basis under section
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as
follows:
(1) CHILE.—To the Government of Chile, the SPRUANCE
class destroyer USS O’BANNON (DD–987).
(2) PORTUGAL.—To the Government of Portugal, the
OLIVER HAZARD PERRY class guided missile frigates
GEORGE PHILIP (FFG–12) and SIDES (FFG–14).
(b) TRANSFERS
BY
SALE.—The President is authorized to
transfer vessels to foreign recipients on a sale basis under section
21 of the Arms Export Control Act (22 U.S.C. 2761), as follows:
(1) CHILE.—To the Government of Chile, the SPRUANCE
class destroyer FLETCHER (DD–992).
(2) TAIWAN.—To the Taipei Economic and Cultural Rep-
resentative Office of the United States (which is the Taiwan
instrumentality designated pursuant to section 10(a) of the
Taiwan Relations Act (22 U.S.C. 3309(a))), the ANCHORAGE
class dock landing ship ANCHORAGE (LSD–36).
(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED
EXCESS DEFENSE ARTICLES.—The value of a vessel transferred to
another country on a grant basis pursuant to authority provided
by subsection (a) shall not be counted against the aggregate value
of excess defense articles transferred to countries in any fiscal
President.
10 USC 7312
note.
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118 STAT. 2041
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year under section 516(g) of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j(g)).
(d) COSTS OF TRANSFERS.—Any expense incurred by the United
States in connection with a transfer authorized under subsection
(a) or (b) shall be charged to the recipient.
(e) REPAIR
AND REFURBISHMENT
IN UNITED STATES SHIP-
YARDS.—To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under this section,
that the country to which the vessel is transferred have such
repair or refurbishment of the vessel as is needed, before the
vessel joins the naval forces of that country, performed at a shipyard
located in the United States, including a United States Navy ship-
yard.
(f) EXPIRATION
OF AUTHORITY.—The authority to transfer a
vessel under this section shall expire at the end of the two-year
period beginning on the date of the enactment of this Act.
SEC. 1014. INDEPENDENT STUDY TO ASSESS COST EFFECTIVENESS
OF THE NAVY SHIP CONSTRUCTION PROGRAM.
(a) STUDY.—The Secretary of Defense shall provide for a study
of the cost effectiveness of the ship construction program of the
Navy. The study shall be conducted by a group of industrial experts
independent of the Department of Defense. The study shall examine
both—
(1) a variety of approaches by which the Navy ship
construction program could be made more efficient in the near
term; and
(2) a variety of approaches by which, with a nationally
integrated effort over the next decade, the United States ship-
building industry might enhance its health and viability.
(b) NEAR-TERM IMPROVEMENTS IN EFFICIENCY.—With respect
to the examination under subsection (a)(1) of approaches by which
the Navy ship construction program could be made more efficient
in the near term, the Secretary shall provide for the persons con-
ducting the study to—
(1) determine the potential cost savings on an annual basis,
with an estimate of return on investment, from implementation
of each approach examined; and
(2) establish priorities for potential implementation of the
approaches examined.
(c) UNITED STATES SHIPBUILDING INFRASTRUCTURE MODERNIZA-
TION PLAN.—With respect to the examination under subsection
(a)(2) of approaches by which the United States shipbuilding
industry might enhance its health and viability through a nationally
integrated effort over the next decade, the Secretary shall provide
for the persons conducting the study to—
(1) propose a plan incorporating a variety of approaches
that would modernize the United States shipbuilding infra-
structure within the next decade, resulting in a healthier and
more viable shipbuilding industrial base;
(2) establish priorities for potential implementation of the
approaches examined; and
(3) estimate the resources required to implement each of
the approaches examined.
(d) REPORT.—Not later than October 1, 2005, the Secretary
of Defense shall submit a report to the congressional defense
committees providing the results of the study under subsection
President.
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(a). The report shall include the matters specified in subsections
(b) and (c).
SEC. 1015. LIMITATION ON DISPOSAL OF OBSOLETE NAVAL VESSEL.
The Secretary of the Navy may not dispose of the decommis-
sioned destroyer ex-Edson (DD–946) before October 1, 2007, to
an entity that is not a nonprofit organization unless the Secretary
first determines that there is no nonprofit organization that meets
the criteria for donation of that vessel under section 7306(a)(3)
of title 10, United States Code.
Subtitle C—Counterdrug Matters
SEC. 1021. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
(a) AUTHORITY.—(1) In fiscal years 2005 and 2006, funds avail-
able to the Department of Defense to provide assistance to the
Government of Colombia may be used by the Secretary of Defense
to support a unified campaign by the Government of Colombia
against narcotics trafficking and against activities by organizations
designated as terrorist organizations, such as the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), and the United Self-Defense Forces of Colombia (AUC).
(2) The authority to provide assistance for a campaign under
this subsection includes authority to take actions to protect human
health and welfare in emergency circumstances, including the
undertaking of rescue operations.
(b) APPLICABILITY OF CERTAIN LAWS AND LIMITATIONS.—The
use of funds pursuant to the authority in subsection (a) shall
be subject to the following:
(1) Sections 556, 567, and 568 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2002 (Public Law 107–115; 115 Stat. 2160, 2165, and 2166).
(2) Section 8076 of the Department of Defense Appropria-
tions Act, 2005 (Public Law 108–287; 118 Stat. 988).
(c) NUMERICAL LIMITATION ON ASSIGNMENT OF UNITED STATES
PERSONNEL.—Notwithstanding section 3204(b) of the Emergency
Supplemental Act, 2000 (Division B of Public Law 106–246; 114
Stat. 575), as amended by the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002 (Public
Law 107–115; 115 Stat. 2131), the number of United States per-
sonnel assigned to conduct activities in Colombia in connection
with support of Plan Colombia under subsection (a) in fiscal years
2005 and 2006 shall be subject to the following limitations:
(1) The number of United States military personnel
assigned for temporary or permanent duty in Colombia in
connection with support of Plan Colombia may not exceed 800.
(2) The number of United States individual citizens
retained as contractors in Colombia in connection with support
of Plan Colombia who are funded by Federal funds may not
exceed 600.
(d) LIMITATION
ON PARTICIPATION
OF UNITED STATES PER-
SONNEL.—No United States Armed Forces personnel, United States
civilian employees, or United States civilian contractor personnel
employed by the United States may participate in any combat
operation in connection with assistance using funds pursuant to
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118 STAT. 2043
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the authority in subsection (a), except for the purpose of acting
in self defense or of rescuing any United States citizen, including
any United States Armed Forces personnel, United States civilian
employee, or civilian contractor employed by the United States.
(e) RELATION TO OTHER AUTHORITY.—The authority provided
by subsection (a) is in addition to any other authority in law
to provide assistance to the Government of Colombia.
(f) REPORT ON RELATIONSHIPS BETWEEN TERRORIST ORGANIZA-
TIONS IN COLOMBIA AND FOREIGN GOVERNMENTS AND ORGANIZA-
TIONS.—(1) Not later than 60 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the Secretary
of Defense and the Director of Central Intelligence, shall submit
to the congressional defense committees and the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives a report that describes—
(A) any relationships between foreign governments or
organizations and organizations based in Colombia that have
been designated as foreign terrorist organizations under United
States law, including the provision of any direct or indirect
assistance to such organizations; and
(B) United States policies that are designed to address
such relationships.
(2) The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 1022. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-
DRUG EFFORTS IN AFGHANISTAN.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the President should make the substantial reduction
of illegal drug trafficking in Afghanistan a priority in the Global
War on Terrorism;
(2) the Secretary of Defense, in coordination with the Sec-
retary of State and the heads of other appropriate Federal
agencies, should expand cooperation with the Government of
Afghanistan and international organizations involved in
counter-drug activities to assist in providing a secure environ-
ment for counter-drug personnel in Afghanistan; and
(3) the United States, in conjunction with the Government
of Afghanistan and coalition partners, should undertake addi-
tional efforts to reduce illegal drug trafficking and related
activities that provide financial support for terrorist organiza-
tions in Afghanistan and neighboring countries.
(b) REPORT REQUIRED.—(1) The Secretary of Defense and the
Secretary of State shall jointly prepare a report that describes—
(A) the progress made towards substantially reducing
poppy cultivation and heroin production capabilities in Afghani-
stan; and
(B) the extent to which profits from illegal drug activity
in Afghanistan are used to financially support terrorist
organizations and groups seeking to undermine the Government
of Afghanistan.
(2) The report required by this subsection shall be submitted
to Congress not later than 120 days after the date of the enactment
of this Act.
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118 STAT. 2044
PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle D—Matters Relating to Museums
and Commemorations
SEC. 1031. RECOGNITION OF THE LIBERTY MEMORIAL MUSEUM,
KANSAS 
CITY, 
MISSOURI, 
AS 
AMERICA’S 
NATIONAL
WORLD WAR I MUSEUM.
(a) FINDINGS.—Congress makes the following findings:
(1) The Liberty Memorial Museum in Kansas City, Mis-
souri, was built in honor of those individuals who served in
World War I in defense of liberty and the United States.
(2) The Liberty Memorial Association, the nonprofit
organization that originally built the Liberty Memorial
Museum, is responsible for the finances, operations, and collec-
tions management of the Liberty Memorial Museum.
(3) The Liberty Memorial Museum is the only public
museum in the United States that exists for the exclusive
purpose of interpreting the experiences of the United States
and its allies in the World War I years (1914–1918), both
on the battlefield and on the home front.
(4) The Liberty Memorial Museum project began after the
1918 Armistice through the efforts of a large-scale, grass-roots
civic and fundraising effort by the citizens of the Kansas City
metropolitan area, including veterans of World War I. After
the conclusion of a national architectural design competition,
ground was broken in 1921, construction began in 1923, and
the Liberty Memorial Museum was opened to the public in
1926.
(5) In 1994, the Liberty Memorial Museum closed for a
massive restoration and expansion project. The restored
museum reopened to the public on Memorial Day in 2002
during a gala rededication ceremony.
(6) Exhibits prepared for the original museum buildings
presaged the dramatic, underground expansion of core exhi-
bition gallery space, with over 30,000 square feet of new
interpretive and educational exhibits currently in development.
The new exhibits, along with an expanded research library
and archives, will more fully utilize the many thousands of
historical objects, books, maps, posters, photographs, diaries,
letters, and reminiscences of World War I participants that
are preserved for posterity in the collections of the Liberty
Memorial Museum. The new core exhibition is scheduled to
open on Veterans Day in 2006.
(7) The City of Kansas City, the State of Missouri, and
thousands of private donors and philanthropic foundations have
contributed millions of dollars to first build and later restore
the Liberty Memorial Museum. The Liberty Memorial Museum
continues to receive the strong support of residents from the
States of Missouri and Kansas and across the United States.
(8) Since its restoration and rededication in 2002, the Lib-
erty Memorial Museum has attracted thousands of visitors
from across the United States and many foreign countries.
(9) There remains a need to preserve in a museum setting
evidence of the honor, courage, patriotism, and sacrifice of
those Americans who offered their services and who gave their
lives in defense of liberty during World War I, evidence of
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118 STAT. 2045
PUBLIC LAW 108–375—OCT. 28, 2004
the roles of women and African Americans during World War
I, and evidence of other relevant subjects.
(10) The Liberty Memorial Museum seeks to educate a
diverse group of audiences through its comprehensive collection
of historical materials, emphasizing eyewitness accounts of the
participants on the battlefield and the home front and the
impact of World War I on individuals, then and now. The
Liberty Memorial Museum continues to actively acquire and
preserve such materials.
(11) A great opportunity exists to use the invaluable
resources of the Liberty Memorial Museum to teach the ‘‘Les-
sons of Liberty’’ to schoolchildren in the United States through
on-site visits, classroom curriculum development, distance-
learning activities, and other educational initiatives.
(12) The Liberty Memorial Museum should remain the
foremost museum in the United States regarding the national
experience in the World War I years, which people can visit
to learn about World War I and where the history of this
monumental struggle will be preserved so that current and
future generations may understand the role played by the
United States in the preservation and advancement of democ-
racy, freedom, and liberty in the early 20th century.
(13) The work of the Liberty Memorial Museum to recognize
and preserve the history of the Nation’s sacrifices in World
War I will take on added significance as the centennial observ-
ance of the war approaches.
(14) It is fitting and proper to refer to the Liberty Memorial
Museum as ‘‘America’s National World War I Museum’’.
(b) CONGRESSIONAL RECOGNITION.—Congress—
(1) recognizes the Liberty Memorial Museum in Kansas
City, Missouri, including the museum’s future and expanded
exhibits, collections, library, archives, and educational pro-
grams, as ‘‘America’s National World War I Museum’’;
(2) recognizes that the continuing collection, preservation,
and interpretation of the historical objects and other historical
materials held by the Liberty Memorial Museum will enhance
the knowledge and understanding of the experiences of the
United States and its allies in the World War I years (1914–
1918), both on the battlefield and on the home front;
(3) commends the ongoing development and visibility of
the ‘‘Lessons of Liberty’’ educational outreach programs pre-
pared by the Liberty Memorial Museum for teachers and stu-
dents throughout the United States; and
(4) encourages present generations of Americans to under-
stand the magnitude of World War I, how it shaped the United
States, other countries, and later world events, and how the
sacrifices made by Americans then helped preserve liberty,
democracy, and other founding principles of the United States
for generations to come.
SEC. 1032. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF
WORLD WAR II.
(a) IN GENERAL.—For fiscal year 2005, the Secretary of Defense
may conduct a program—
(1) to commemorate the 60th anniversary of World War
II; and
10 USC 113 note.
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118 STAT. 2046
PUBLIC LAW 108–375—OCT. 28, 2004
(2) to coordinate, support, and facilitate other such
commemoration programs and activities of the Federal Govern-
ment, State and local governments, and other persons.
(b) PROGRAM ACTIVITIES.—The program referred to in sub-
section (a) may include activities and ceremonies—
(1) to provide the people of the United States with a clear
understanding and appreciation of the lessons and history of
World War II;
(2) to thank and honor veterans of World War II and
their families;
(3) to pay tribute to the sacrifices and contributions made
on the home front by the people of the United States;
(4) to foster an awareness in the people of the United
States that World War II was the central event of the 20th
century that defined the postwar world;
(5) to highlight advances in technology, science, and medi-
cine related to military research conducted during World War
II;
(6) to inform wartime and postwar generations of the con-
tributions of the Armed Forces of the United States to the
United States;
(7) to recognize the contributions and sacrifices made by
World War II allies of the United States; and
(8) to highlight the role of the Armed Forces of the United
States, then and now, in maintaining world peace through
strength.
(c) ESTABLISHMENT OF ACCOUNT.—(1) There is established in
the Treasury of the United States an account to be known as
the ‘‘Department of Defense 60th Anniversary of World War II
Commemoration Account’’ which shall be administered by the Sec-
retary as a single account.
(2) There shall be deposited in the account, from amounts
appropriated to the Department of Defense for operation and
maintenance of Defense Agencies, such amounts as the Secretary
considers appropriate to conduct the program referred to in sub-
section (a).
(3) The Secretary may use the funds in the account established
in paragraph (1) only for the purpose of conducting the program
referred to in subsection (a).
(4) Not later than 60 days after the termination of the authority
of the Secretary to conduct the program referred to in subsection
(a), the Secretary shall transmit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services of the
House of Representatives a report containing an accounting of all
the funds deposited into and expended from the account or other-
wise expended under this section, and of any amount remaining
in the account. Unobligated funds which remain in the account
after termination of the authority of the Secretary under this section
shall be held in the account until transferred by law after the
Committees receive the report.
(d) ACCEPTANCE
OF
VOLUNTARY
SERVICES.—(1) Notwith-
standing section 1342 of title 31, United States Code, the Secretary
may accept from any person voluntary services to be provided
in furtherance of the program referred to in subsection (a).
(2) A person providing voluntary services under this subsection
shall be considered to be an employee for the purposes of chapter
81 of title 5, United States Code, relating to compensation for
Deadline.
Reports.
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118 STAT. 2047
PUBLIC LAW 108–375—OCT. 28, 2004
work-related injuries. Such a person who is not otherwise employed
by the Federal Government shall not be considered to be a Federal
employee for any other purposes by reason of the provision of
such service.
(3) The Secretary may reimburse a person providing voluntary
services under this subsection for incidental expenses incurred by
such person in providing such services. The Secretary shall deter-
mine which expenses are eligible for reimbursement under this
paragraph.
SEC. 1033. ANNUAL REPORT ON DEPARTMENT OF DEFENSE OPER-
ATION 
AND 
FINANCIAL 
SUPPORT 
FOR 
MILITARY
MUSEUMS.
(a) REPORT REQUIRED.—Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 489. Annual report on Department of Defense operation
and financial support for military museums
‘‘(a) REPORT REQUIRED.—As part of the budget materials sub-
mitted to Congress in connection with the submission of the budget
for a fiscal year pursuant to section 1105 of title 31, but in no
case later than March 15 of each year, the Secretary of Defense
shall submit a report identifying all military museums that, during
the most recently completed fiscal year—
‘‘(1) were operated by the Secretary of Defense or the
Secretary of a military department;
‘‘(2) were otherwise supported using funds appropriated
to the Department of Defense; or
‘‘(3) were located on property under the jurisdiction of
the Department of Defense, although neither operated by the
Department of Defense nor supported using funds appropriated
to the Department of Defense.
‘‘(b) INFORMATION ON INDIVIDUAL MUSEUMS.—For each museum
identified in a report under this section, the Secretary of Defense
shall include in the report the following:
‘‘(1) The purpose and functions of the museum and the
justification for the museum.
‘‘(2) A description of the facilities dedicated to the museum,
including the location, size, and type of facilities and whether
the facilities are included or eligible for inclusion on the
National Register of Historic Places.
‘‘(3) An itemized listing of the funds appropriated to the
Department of Defense that were obligated to support the
museum during the fiscal year covered by the report and a
description of the process used to determine the annual alloca-
tion of Department of Defense funds for the museum.
‘‘(4) An itemized listing of any other Federal funds, funds
from a nonappropriated fund instrumentality account of the
Department of Defense, and non-Federal funds obligated to
support the museum.
‘‘(5) The management structure of the museum, including
identification of the persons responsible for preparing the
budget for the museum and for making acquisition and manage-
ment decisions for the museum.
‘‘(6) The number of civilian employees of the Department
of Defense and members of the armed forces who served full-
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118 STAT. 2048
PUBLIC LAW 108–375—OCT. 28, 2004
time or part-time at the museum and their role in the manage-
ment structure of the museum.
‘‘(c) INFORMATION ON SUPPORT PRIORITIES.—Each report under
this section shall also include a separate description of the proce-
dures used by the Secretary of Defense, in the case of museums
identified in the report that are operated or supported by the
Secretary of Defense, and the Secretary of a military department,
in the case of museums identified in the report that are operated
or supported by that Secretary, to prioritize funding and personnel
support to the museums. The Secretary of Defense shall include
a description of any such procedures applicable to the entire Depart-
ment of Defense.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘489. Annual report on Department of Defense operation and financial support for
military museums.’’.
Subtitle E—Reports
SEC. 1041. QUARTERLY DETAILED ACCOUNTING FOR OPERATIONS
CONDUCTED AS PART OF THE GLOBAL WAR ON TER-
RORISM.
(a) QUARTERLY ACCOUNTING.—Not later than 45 days after
the end of each quarter of a year, the Secretary of Defense shall
submit to the congressional defense committees, for each operation
specified in subsection (b)—
(1) a full accounting of all costs incurred for such operation
during such quarter and all amounts expended during such
quarter for such operation; and
(2) a description of the purposes for which those costs
were incurred and those amounts were expended.
(b) OPERATIONS COVERED.—The operations referred to in sub-
section (a) are the following:
(1) Operation Iraqi Freedom.
(2) Operation Enduring Freedom.
(3) Operation Noble Eagle.
(4) Any other operation that the President designates as
being an operation of the Global War on Terrorism.
(c) REQUIREMENT FOR COMPREHENSIVENESS.—For the purpose
of providing a full and complete accounting of the costs and expendi-
tures under subsection (a) for an operation specified in subsection
(b), the Secretary shall account in the quarterly submission under
subsection (a) for all costs and expenditures that are reasonably
attributable to that operation, including personnel costs.
SEC. 1042. REPORT ON POST-MAJOR COMBAT OPERATIONS PHASE OF
OPERATION IRAQI FREEDOM.
(a) REPORT REQUIRED.—(1) Not later than June 1, 2005, the
Secretary of Defense shall submit to the congressional defense
committees a report on the conduct of military operations during
the post-major combat operations phase of Operation Iraqi Freedom.
(2) The report shall be prepared in consultation with the Chair-
man of the Joint Chiefs of Staff, the commander of the United
States Central Command, and such other officials as the Secretary
considers appropriate.
10 USC 229 note.
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118 STAT. 2049
PUBLIC LAW 108–375—OCT. 28, 2004
(b) CONTENT.—(1) The report shall include a discussion of the
matters described in paragraph (2), with a particular emphasis
on accomplishments and shortcomings and on near-term and long-
term corrective actions to address such shortcomings.
(2) The matters to be discussed in the report are as follows:
(A) The military and political objectives of the international
coalition conducting the post-major combat operations phase
of Operation Iraqi Freedom, and the military strategy selected
to achieve such objectives, together with an assessment of the
execution of the military strategy.
(B) The mobilization process for the reserve components
of the Armed Forces, including the timeliness of notification,
training and certification, and subsequent demobilization.
(C) The use and performance of major items of United
States military equipment, weapon systems, and munitions
(including non-lethal weapons and munitions, items classified
under special access procedures, and items drawn from
prepositioned stocks) and any expected effects of the experience
with the use and performance of such items on the doctrinal
and tactical employment of such items and on plans for con-
tinuing the acquisition of such items.
(D) Any additional requirements for military equipment,
weapon systems, munitions, force structure, or other capability
identified during the post-major combat operations phase of
Operation Iraqi Freedom, including changes in type or quantity
for future operations.
(E) The effectiveness of joint air operations, together with
an assessment of the effectiveness of—
(i) the employment of close air support; and
(ii) attack helicopter operations.
(F) The use of special operations forces, including oper-
ational and intelligence uses.
(G) The scope of logistics support, including support to
and from other nations and from international organizations
and organizations and individuals from the private sector in
Iraq.
(H) The incidents of accidental fratricide, including a
discussion of the effectiveness of the tracking of friendly forces
and the use of the combat identification systems in mitigating
friendly fire incidents.
(I) The adequacy of spectrum and bandwidth to transmit
information to operational forces and assets, including
unmanned aerial vehicles, ground vehicles, and individual sol-
diers.
(J) The effectiveness of strategic, operational, and tactical
information operations, including psychological operations and
assets, organization, and doctrine related to civil affairs, in
achieving established objectives, together with a description
of technological and other restrictions on the use of information
operations capabilities.
(K) The readiness of the reserve component forces used
in the post-major combat operations phase of Operation Iraqi
Freedom, including an assessment of the success of the reserve
component forces in accomplishing their missions.
(L) The adequacy of intelligence support during the post-
major combat operations phase of Operation Iraqi Freedom,
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118 STAT. 2050
PUBLIC LAW 108–375—OCT. 28, 2004
including the adequacy of such support in searches for weapons
of mass destruction.
(M) The rapid insertion and integration, if any, of develop-
mental but mission-essential equipment, organizations, or
procedures during the post-major combat operations phase of
Operation Iraqi Freedom.
(N) A description of the coordination, communication, and
unity of effort between the Armed Forces, the Coalition Provi-
sional Authority, other United States government agencies and
organizations, nongovernmental organizations, and political,
security, and nongovernmental organizations of Iraq, including
an assessment of the effectiveness of such efforts.
(O) The adequacy of training for military units once
deployed to the area of operations of the United States Central
Command, including training for changes in unit mission and
continuation training for high-intensity conflict missions.
(P) An estimate of the funding required to return or replace
equipment used through the period covered by the report in
Operation Iraqi Freedom, including equipment in prepositioned
stocks, to mission-ready condition.
(Q) A description of military civil affairs and reconstruction
efforts, including efforts through the Commanders Emergency
Response Program, and an assessment of the effectiveness of
such efforts and programs.
(R) The adequacy of the requirements determination and
acquisition processes, acquisition, and distribution of force
protection equipment, including personal gear, vehicles, heli-
copters, and defense devices.
(S) The most critical lessons learned that could lead to
long-term doctrinal, organizational, and technological changes,
and the probable effects that an implementation of those
changes would have on current visions, goals, and plans for
transformation of the Armed Forces or the Department of
Defense.
(T) The planning for and implementation of morale, wel-
fare, and recreation programs for deployed forces and support
to dependents, including rest and recuperation programs and
personal communication benefits such as telephone, mail, and
email services, including an assessment of the effectiveness
of such programs.
(U) An analysis of force rotation plans, including individual
personnel and unit rotations, differing deployment lengths, and
in-theater equipment repair and leave behinds.
(V) The organization of United States Central Command
to conduct post-conflict operations and lessons for other combat-
ant commands to conduct other such operations in the future.
(c) FORM
OF
REPORT.—The report shall be submitted in
unclassified form, but may include a classified annex.
(d) POST-MAJOR COMBAT OPERATIONS PHASE
OF OPERATION
IRAQI FREEDOM DEFINED.—In this section, the term ‘‘post-major
combat operations phase of Operation Iraqi Freedom’’ means the
period of Operation Iraqi Freedom beginning on May 2, 2003, and
ending on December 31, 2004.
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SEC. 1043. REPORT ON TRAINING PROVIDED TO MEMBERS OF THE
ARMED FORCES TO PREPARE FOR POST-CONFLICT OPER-
ATIONS.
(a) STUDY ON TRAINING.—The Secretary of Defense shall con-
duct a study to determine the extent to which members of the
Armed Forces assigned to duty in support of contingency operations
receive training in preparation for post-conflict operations and to
evaluate the quality of such training.
(b) MATTERS TO BE INCLUDED IN STUDY.—As part of the study
under subsection (a), the Secretary shall specifically evaluate the
following:
(1) The doctrine, training, and leader-development system
necessary to enable members of the Armed Forces to success-
fully operate in post-conflict operations.
(2) The adequacy of the curricula at military educational
facilities to ensure that the Armed Forces has a cadre of mem-
bers skilled in post-conflict duties, including a familiarity with
applicable foreign languages and foreign cultures.
(3) The training time and resources available to members
and units of the Armed Forces to develop awareness about
ethnic backgrounds, religious beliefs, and political structures
of the people living in areas in which the Armed Forces operate
and areas in which post-conflict operations are likely to occur.
(4) The adequacy of training transformation to emphasize
post-conflict operations, including interagency coordination in
support of commanders of combatant commands.
(c) REPORT ON STUDY.—Not later than May 1, 2005, the Sec-
retary shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the result of the study conducted under
this section.
SEC. 1044. REPORT ON ESTABLISHING NATIONAL CENTERS OF EXCEL-
LENCE FOR UNMANNED AERIAL AND GROUND VEHICLES.
(a) REPORT REQUIRED.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the need for
one or more national centers of excellence for unmanned aerial
and ground vehicles.
(b) GOAL OF CENTERS.—The goal of the centers covered by
the report is to promote interservice cooperation and coordination
in the following areas:
(1) Development of joint doctrine for the organization,
training, and use of unmanned aerial and ground vehicles.
(2) Joint research, development, test, and evaluation, and
joint procurement of unmanned aerial and ground vehicles.
(3) Identification and coordination, in conjunction with the
private sector and academia, of the future development of
unmanned aerial and ground vehicles.
(4) Monitoring of the development and utilization of
unmanned aerial and ground vehicles in other nations for both
military and non-military purposes.
(5) The providing of joint training and professional develop-
ment opportunities in the use and operation of unmanned aerial
and ground vehicles to military personnel of all ranks and
levels of responsibility.
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(c) REPORT REQUIREMENTS.—The report shall include, at a min-
imum, the following:
(1) A list of facilities at which the Department of Defense
currently conducts or plans to conduct research, development,
and testing activities on unmanned aerial and ground vehicles.
(2) A list of facilities at which the Department of Defense
currently deploys or has committed to deploying unmanned
aerial or ground vehicles.
(3) The extent to which existing facilities described in para-
graphs (1) and (2) have sufficient unused capacity and expertise
to research, develop, test, and deploy the current and next
generations of unmanned aerial and ground vehicles and to
provide for the development of doctrine on the use and training
of operators of such vehicles.
(4) The extent to which efficiencies with respect to research,
development, testing, and deployment of existing or future
unmanned aerial and ground vehicles can be achieved through
consolidation at one or more national centers of excellence
for unmanned aerial and ground vehicles.
(5) A list of potential locations for the national centers
of excellence under this section.
(d) CONSIDERATIONS.—In determining the potential locations
for the national centers of excellence under this section, the Sec-
retary of Defense shall take into consideration existing military
facilities that have—
(1) a workforce of skilled personnel;
(2) existing capacity of runways and other facilities to
accommodate the research, development, testing, and deploy-
ment of current and future unmanned aerial vehicles; and
(3) minimal restrictions on the research, development,
testing, and deployment of unmanned aerial vehicles resulting
from proximity to large population centers or airspace heavily
utilized by commercial flights.
SEC. 1045. STUDY OF CONTINUED REQUIREMENT FOR TWO-CREW MAN-
NING FOR BALLISTIC MISSILE SUBMARINES.
(a) STUDY AND DETERMINATION.—The Secretary of Defense shall
conduct a study of whether the practice of using two alternating
crews (referred to as the ‘‘Gold Crew’’ and the ‘‘Blue Crew’’) for
manning of ballistic missile submarines (SSBNs) continues to be
justified under the changed circumstances since the end of the
Cold War and, based on that study, shall make a determination
of whether that two-crew manning practice should be continued
or should be modified or terminated.
(b) REPORT.—Not later than six months after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report providing notice of the Secretary’s determination under
subsection (a) and the reasons for that determination.
SEC. 1046. REPORT ON DEPARTMENT OF DEFENSE PROGRAMS FOR
PREPOSITIONING OF MATERIEL AND EQUIPMENT.
(a) SECRETARY OF DEFENSE ASSESSMENT AND REPORT.—(1) The
Secretary of Defense shall conduct an assessment of the programs
of the Armed Forces for the prepositioning of materiel and equip-
ment. Such assessment shall focus on how those programs will
support the goal of the Secretary to have the capability, from
the onset of a contingency situation, to—
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(A) deploy forces to a distant theater within 10 days;
(B) defeat an enemy within 30 days; and
(C) be ready for an additional conflict within another 30
days.
(2) The Secretary shall submit to Congress a report on such
assessment not later than October 1, 2005.
(b) MATTERS TO BE INCLUDED.—The assessment under sub-
section (a) shall include the following:
(1) A review of the prepositioning of materiel and equip-
ment used in Operation Iraqi Freedom and Operation Enduring
Freedom, including identification of challenges and potential
solutions.
(2) A description of changes to doctrine, strategy, and
transportation plans that could be necessary to support the
goal of the Secretary described in subsection (a).
(3) A description of modifications to prepositioning pro-
grams that could be required in order to incorporate modularity
concepts, future force structure changes, and sea-basing con-
cepts.
(4) A discussion of joint operations and training that sup-
port force projection requirements, including—
(A) theater opening requirements at potential aerial
and sea ports of debarkation;
(B) joint force reception capabilities;
(C) joint theater distribution operations; and
(D) use of joint prepositioned stocks, materiel, and
systems.
SEC. 1047 REPORT ON AL QAEDA AND ASSOCIATED GROUPS IN LATIN
AMERICA AND THE CARIBBEAN.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretary of State, submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
the activities of al Qaeda and associated groups in Latin America
and the Caribbean, including—
(1) an assessment of the extent to which such groups have
established a presence in the area;
(2) a description of the activities of such groups in the
area, including fundraising, money laundering, narcotrafficking,
and associations with criminal groups;
(3) an assessment of the threat posed by such groups
to the peace and stability of the nations in the area and to
United States interests; and
(4) a description of United States policies intended to deal
with such a threat.
(b) FORM
OF REPORT.—The report shall be submitted in
unclassified form, but may include a classified annex.
Subtitle F—Defense Against Terrorism and
Other Domestic Security Matters
SEC. 1051. ACCEPTANCE OF COMMUNICATIONS EQUIPMENT PROVIDED
BY LOCAL PUBLIC SAFETY AGENCIES.
(a) AUTHORITY.—Chapter 155 of title 10, United States Code,
is amended by adding at the end the following new section:
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‘‘§ 2613. Emergency communications equipment: acceptance
from local public safety agencies for temporary
use related to disasters
‘‘(a) AUTHORITY TO ACCEPT EQUIPMENT.—(1) Subject to sub-
section (c), the Secretary concerned—
‘‘(1) may accept communications equipment for use in
coordinating joint response and recovery operations with public
safety agencies in the event of a disaster; and
‘‘(2) may accept services related to the operation and
maintenance of such equipment.
‘‘(b) REGULATIONS.—The authority under subsection (a) shall
be exercised under regulations prescribed by the Secretary of
Defense.
‘‘(c) LIMITATIONS.—(1) Equipment may be accepted under sub-
section (a)(1) only to the extent that communications equipment
under the control of the Secretary concerned at the potential dis-
aster response site is inadequate to meet military requirements
for communicating with public safety agencies during the period
of response to the disaster.
‘‘(2) Services may be accepted under subsection (a)(2) related
to the operation and maintenance of communications equipment
only to the extent that the necessary capabilities are not available
to the military commander having custody of the equipment.
‘‘(c) LIABILITY.—A person providing services accepted under this
section may not be considered, by reason of the provision of such
services, to be an officer, employee, or agent of the United States
for any purpose.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2613. Emergency communications equipment: acceptance from local public safety
agencies for temporary use related to disasters.’’.
SEC. 1052. DETERMINATION AND REPORT ON FULL-TIME AIRLIFT SUP-
PORT FOR HOMELAND DEFENSE OPERATIONS.
(a) DETERMINATION REQUIRED.—(1) The Secretary of Defense
shall determine the feasibility and advisability of dedicating an
airlift capability of the Armed Forces to the support of homeland
defense operations, including operations in support of contingent
requirements for transportation of any of the following in response
to a disaster:
(A) Weapons of Mass Destruction Civil Support Teams.
(B) National Guard Chemical, Biological, Radiological,
Nuclear, High Explosive Enhanced Response Force Packages.
(C) Air Force expeditionary medical teams.
(D) Department of Energy emergency response teams.
(2) In making the determination under paragraph (1), the Sec-
retary shall take into consideration the results of the study required
under subsection (b).
(b) REQUIREMENT FOR STUDY AND PLAN.—(1) The Secretary
of Defense shall conduct a study of the plans and capabilities
of the Department of Defense for meeting contingent requirements
for transporting teams and packages specified in subsection (a)(1)
in response to disasters.
(2) The Secretary shall prepare a plan for resolving any defi-
ciencies in the plans and capabilities for meeting the transportation
requirements described in paragraph (1).
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(3) The Secretary of Defense shall require the commander of
the United States Northern Command and the commander of the
United States Transportation Command to carry out jointly the
study required under paragraph (1) and to prepare jointly the
plan required under paragraph (2).
(c) REPORT.—Not later than April 1, 2005, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the results of the study
under subsection (b). The report shall include the following matters:
(1) The Secretary’s determination under subsection (a).
(2) An assessment and discussion of the adequacy of
existing plans and capabilities of the Department of Defense
for meeting the transportation requirements described in sub-
section (b)(1).
(3) The plan required under subsection (b)(2).
(d) DEFINITION.—In this section, the term ‘‘Weapons of Mass
Destruction Civil Support Team’’ has the meaning given that term
in section 305b(e) of title 37, United States Code.
SEC. 1053. SURVIVABILITY OF CRITICAL SYSTEMS EXPOSED TO CHEM-
ICAL OR BIOLOGICAL CONTAMINATION.
(a) REQUIREMENT FOR IMPLEMENTATION PLAN.—Not later than
120 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a plan, for implementation by the Department
of Defense, that sets forth a systematic approach for ensuring
the survivability of defense critical systems upon contamination
of any such system by chemical or biological agents.
(b) CONTENT.—At a minimum, the plan under subsection (a)
shall include the following:
(1) Policies for ensuring that the survivability of defense
critical systems in the event of contamination by chemical
or biological agents is adequately addressed throughout the
Department of Defense.
(2) A systematic process for identifying those systems which
are defense critical systems.
(3) Specific testing procedures to be used during the design
and development of new defense critical systems.
(4) A centralized database that—
(A) contains comprehensive information on the effects
of chemical and biological agents and decontaminants on
materials used in defense critical systems; and
(B) is easily accessible to personnel who have duties
to ensure the survivability of defense critical systems upon
contamination of such systems by chemical and biological
agents.
(c) DEFENSE CRITICAL SYSTEM DEFINED.—In this section, the
term ‘‘defense critical system’’ means a Department of Defense
system that, as determined by the Secretary of Defense, is vital
to an essential defense mission.
Deadline.
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118 STAT. 2056
PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle G—Personnel Security Matters
SEC. 1061. USE OF NATIONAL DRIVER REGISTER FOR PERSONNEL
SECURITY INVESTIGATIONS AND DETERMINATIONS.
Section 30305(b) of title 49, United States Code, is amended—
(1) by redesignating paragraphs (9) through (11) as para-
graphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following new para-
graph:
‘‘(9) An individual who has or is seeking access to national
security information for purposes of Executive Order No. 12968,
or any successor Executive order, or an individual who is being
investigated for Federal employment under authority of Executive
Order No. 10450, or any successor Executive order, may request
the chief driver licensing official of a State to provide information
about the individual pursuant to subsection (a) of this section
to a Federal department or agency that is authorized to investigate
the individual for the purpose of assisting in the determination
of the eligibility of the individual for access to national security
information or for Federal employment in a position requiring access
to national security information. A Federal department or agency
that receives information about an individual under the preceding
sentence may use such information only for purposes of the author-
ized investigation and only in accordance with applicable law.’’.
SEC. 1062. STANDARDS FOR DISQUALIFICATION FROM ELIGIBILITY
FOR DEPARTMENT OF DEFENSE SECURITY CLEARANCE.
(a) DISQUALIFIED PERSONS.—Subsection (c)(1) of section 986
of title 10, United States Code, is amended—
(1) by striking ‘‘and’’ and inserting ‘‘, was’’; and
(2) by inserting before the period at the end the following:
‘‘, and was incarcerated as a result of that sentence for not
less than one year’’.
(b) WAIVER AUTHORITY.—Subsection (d) of such section is
amended to read as follows:
‘‘(d) WAIVER AUTHORITY.—In a meritorious case, an exception
to the prohibition in subsection (a) may be authorized for a person
described in paragraph (1) or (4) of subsection (c) if there are
mitigating factors. Any such waiver may be authorized only in
accordance with standards and procedures prescribed by, or under
the authority of, an Executive order or other guidance issued by
the President.’’.
Subtitle H—Transportation-Related
Matters
SEC. 1071. USE OF MILITARY AIRCRAFT TO TRANSPORT MAIL TO AND
FROM OVERSEAS LOCATIONS.
(a) AUTHORITY FOR USE OF MILITARY AIRCRAFT.—Section 3401
of title 39, United States Code, is amended—
(1) in subsection (b)—
(A) in the matter preceding paragraph (1)(A), by
striking ‘‘title 49,’’ and inserting ‘‘title 49, or on military
aircraft at rates not to exceed those so fixed and determined
for scheduled United States air carriers,’’; and
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118 STAT. 2057
PUBLIC LAW 108–375—OCT. 28, 2004
(B) in the sentence following paragraph (3), by striking
‘‘carriers’’ each place it appears and inserting ‘‘carriers
and military aircraft’’; and
(2) in subsection (c)—
(A) in the first sentence, by striking ‘‘title 49,’’ and
inserting ‘‘title 49, or on military aircraft at rates not
to exceed those so fixed and determined for scheduled
United States air carriers,’’; and
(B) in the second sentence—
(i) by inserting ‘‘and military aircraft’’ after ‘‘car-
riers’’ the first place it appears; and
(ii) by striking ‘‘by air carriers other than sched-
uled United States air carriers’’ and inserting ‘‘by other
than scheduled United States air carriers and military
aircraft’’.
(b) DEFINITION.—Such section is further amended by adding
at the end the following new subsection:
‘‘(g) In this section:
‘‘(1) The term ‘military aircraft’ means an aircraft owned,
operated, or chartered by the Department of Defense.
‘‘(2) The term ‘United States air carrier’ has the meaning
given the term ‘air carrier’ in section 40102 of title 49.’’.
SEC. 1072. REORGANIZATION AND CLARIFICATION OF CERTAIN PROVI-
SIONS RELATING TO CONTROL AND SUPERVISION OF
TRANSPORTATION 
WITHIN 
THE 
DEPARTMENT 
OF
DEFENSE.
(a) TRANSFER OF CERTAIN TRANSPORTATION AUTHORITIES.—Sec-
tions 4744, 4745, 4746, and 4747 of title 10, United States Code,
are transferred to chapter 157 of such title, inserted (in that order)
at the end of such chapter, and redesignated as sections 2648,
2649, 2650, and 2651, respectively.
(b) CLARIFICATION OF APPLICABILITY OF TRANSFERRED AUTHORI-
TIES THROUGHOUT THE DEPARTMENT OF DEFENSE.—(1) Section 2648
of such title, as transferred and redesignated by subsection (a),
is amended—
(A) by striking ‘‘Secretary of the Army’’ in the matter
preceding paragraph (1) and inserting ‘‘Secretary of Defense’’;
(B) by striking ‘‘Army transport agencies’’ in the matter
preceding paragraph (1) and all that follows through ‘‘military
transport agency of’’;
(C) by striking paragraphs (1), (2), and (3);
(D) by redesignating paragraph (4), (5), (6), and (7) as
paragraphs (1), (2), (3), and (4), respectively;
(E) by redesignating paragraph (8) as paragraph (5) and
in that paragraph striking ‘‘persons described in clauses (1),
(2), (4), (5), and (7)’’ and inserting ‘‘members of the armed
forces, officers and employees of the Department of Defense
or the Coast Guard, and persons described in paragraphs (1),
(2), and (4)’’; and
(F) by striking ‘‘clause (7) or (8)’’ in the last sentence
and inserting ‘‘paragraph (4) or (5)’’.
(2) Section 2649 of such title, as transferred and redesignated
by subsection (a), is amended—
(A) by striking the section heading and inserting the fol-
lowing:
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PUBLIC LAW 108–375—OCT. 28, 2004
‘‘§ 2649. 
Civilian 
passengers 
and 
commercial 
cargoes:
transportation on Department of Defense ves-
sels’’;
(B) by striking ‘‘(1) on vessels’’ and all that follows through
‘‘Department of the Army’’;
(C) by striking ‘‘any transport agency of’’; and
(D) by striking ‘‘Secretary of the Army’’ and all that follows
through ‘‘be transported’’ and inserting ‘‘Secretary of Defense,
be transported’’.
(3) Section 2650 of such title, as transferred and redesignated
by subsection (a), is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘Army transport agencies’’ and all that follows through ‘‘mili-
tary transport agency of’’;
(B) in paragraph (1), by striking ‘‘Secretary of the Army’’
and inserting ‘‘Secretary of Defense’’; and
(C) in paragraph (4), by striking ‘‘by air—’’ and all that
follows through ‘‘the transportation cannot’’ and inserting ‘‘by
air, the transportation cannot’’.
(4) Section 2651 of such title, as transferred and redesignated
by subsection (a), is amended by striking ‘‘Army transport agencies’’
and all that follows and inserting ‘‘the Department of Defense,
under regulations and at rates to be prescribed by the Secretary
of Defense.’’.
(c) REPEAL OF SUPERSEDED AND OBSOLETE PROVISIONS.—The
following sections of such title are repealed: sections 4741, 4743,
9741, 9743, and 9746.
(d) CLERICAL AMENDMENTS.—
(1) The table of sections at the beginning of chapter 157
of such title is amended by adding at the end the following
new items:
‘‘2648. Persons and supplies: sea transportation.
‘‘2649. Civilian passengers and commercial cargoes: transportation on Department
of Defense vessels.
‘‘2650. Civilian personnel in Alaska.
‘‘2651. Passengers and merchandise to Guam: sea transport.’’.
(2) The table of sections at the beginning of chapter 447
of such title is amended by striking the items relating to
sections 4741, 4743, 4744, 4745, 4746, and 4747.
(3) The table of sections at the beginning of chapter 947
of such title is amended by striking the items relating to
sections 9741, 9743, and 9746.
SEC. 1073. EVALUATION OF PROCUREMENT PRACTICES RELATING TO
TRANSPORTATION OF SECURITY-SENSITIVE CARGO.
(a) EVALUATION REQUIREMENT.—The Secretary of Defense shall
evaluate the procurement practices of the Department of Defense
in the award of service contracts for domestic freight transportation
for security-sensitive cargo (such as arms, ammunitions, explosives,
and classified material) to determine whether such practices are
in the best interests of the Department of Defense.
(b) REPORT.—Not later than January 1, 2005, the Secretary
of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report on the
results of the evaluation conducted under subsection (a).
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Subtitle I—Other Matters
SEC. 1081. LIABILITY PROTECTION FOR DEPARTMENT OF DEFENSE
VOLUNTEERS WORKING IN MARITIME ENVIRONMENT.
Section 1588(d)(1)(B) of title 10, United States Code, is amended
by inserting before the period at the end the following: ‘‘and the
Act of March 9, 1920, commonly known as the ‘Suits in Admiralty
Act’ (41 Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act of
March 3, 1925, commonly known as the ‘Public Vessels Act’ (43
Stat. 1112; 46 U.S.C. App. 781 et seq.) (relating to claims for
damages or loss on navigable waters)’’.
SEC. 1082. SENSE OF CONGRESS CONCERNING MEDIA COVERAGE OF
THE RETURN TO THE UNITED STATES OF THE REMAINS
OF DECEASED MEMBERS OF THE ARMED FORCES FROM
OVERSEAS.
(a) FINDINGS.—Congress makes the following findings:
(1) The Department of Defense, since 1991, has relied
on a policy of no media coverage of the transfers of the remains
of deceased members of the Armed Forces—
(A) at Ramstein Air Force Base, Germany;
(B) at Dover Air Force Base, Delaware, and the Port
Mortuary Facility at Dover Air Force Base; and
(C) at interim stops en route to the point of final
destination in the transfer of the remains.
(2) The principal focus and purpose of the policy is to
protect the wishes and the privacy of families of deceased
members of the Armed Forces during their time of great loss
and grief and to give families and friends of the dead the
privilege to decide whether to allow media coverage at the
member’s duty or home station, at the interment site, or at
or in connection with funeral and memorial services.
(3) In a 1991 legal challenge to the Department of Defense
policy, as applied during Operation Desert Storm, the policy
was upheld by the United States District Court for the District
of Columbia, and on appeal, by the United States Court of
Appeals for the District of Columbia in the case of JB Pictures,
Inc. v. Department of Defense and Donald B. Rice, Secretary
of the Air Force on the basis that denying the media the
right to view the return of remains at Dover Air Force Base
does not violate the first amendment guarantees of freedom
of speech and of the press.
(4) The United States Court of Appeals for the District
of Columbia in that case cited the following two key Govern-
ment interests that are served by the Department of Defense
policy:
(A) Reducing the hardship on the families and friends
of the war dead, who may feel obligated to travel great
distances to attend arrival ceremonies at Dover Air Force
Base if such ceremonies were held.
(B) Protecting the privacy of families and friends of
the dead, who may not want media coverage of the
unloading of caskets at Dover Air Force Base.
(5) The Court also noted, in that case, that the bereaved
may be upset at the public display of the caskets of their
loved ones and that the policy gives the family the right to
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118 STAT. 2060
PUBLIC LAW 108–375—OCT. 28, 2004
grant or deny access to the media at memorial or funeral
services at the home base and that the policy is consistent
in its concern for families.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Department of Defense policy regarding no media coverage
of the transfer of the remains of deceased members of the Armed
Forces—
(1) appropriately protects the privacy of the families and
friends of the deceased; and
(2) is consistent with United States constitutional guaran-
tees of freedom of speech and freedom of the press.
SEC. 1083. TRANSFER OF HISTORIC F3A–1 BREWSTER CORSAIR AIR-
CRAFT.
(a) AUTHORITY TO CONVEY.—The Secretary of the Navy may
convey, without consideration, to Lex Cralley of Princeton Min-
nesota (in this section referred to as ‘‘transferee’’), all right, title,
and interest of the United States in and to a F3A–1 Brewster
Corsair aircraft (Bureau Number 04634). The conveyance shall
be made by means of a deed of gift.
(b) CONDITION OF AIRCRAFT.—The aircraft shall be conveyed
under subsection (a) in its current unflyable, ‘‘as is’’ condition.
The Secretary is not required to repair or alter the condition of
the aircraft before conveying ownership of the aircraft.
(c) CONVEYANCE AT NO COST TO THE UNITED STATES.—The
conveyance of the aircraft under subsection (a) shall be made at
no cost to the United States. Any costs associated with the convey-
ance and costs of operation and maintenance of the aircraft con-
veyed shall be borne by the transferee.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
a conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 1084. TECHNICAL AND CLERICAL AMENDMENTS.
(a) CLARIFICATION OF DEFINITION OF ‘‘OPERATIONAL RANGE’’.—
Section 101(e)(3) of title 10, United States Code, is amended by
striking ‘‘Secretary of Defense’’ and inserting ‘‘Secretary of a mili-
tary department’’.
(b) AMENDMENTS RELATING TO DEFINITION OF CONGRESSIONAL
DEFENSE COMMITTEES.—Title 10, United States Code, is amended
as follows:
(1) Section 2215 is amended—
(A) by striking ‘‘(a) CERTIFICATION REQUIRED.—’’;
(B) by striking ‘‘congressional committees specified in
subsection (b)’’ and inserting ‘‘congressional defense
committees’’; and
(C) by striking subsection (b).
(2) Section 2306b(g) is amended by striking ‘‘Committee
on’’ the first place it appears and all that follows through
‘‘House of Representatives’’ and inserting ‘‘congressional defense
committees’’.
(3) Section 2515(d) is amended—
(A) by striking ‘‘(1)’’ before ‘‘The Secretary’’;
(B) by striking ‘‘congressional committees specified in
paragraph (2)’’ and inserting ‘‘congressional defense
committees’’; and
(C) by striking paragraph (2).
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PUBLIC LAW 108–375—OCT. 28, 2004
(4) Section 2676(d) is amended by striking ‘‘appropriate
committees of Congress’’ at the end of the first sentence and
inserting ‘‘congressional defense committees’’.
(c) AMENDMENTS RELATING TO CHANGE OF NAME OF GAO.—
Title 10, United States Code, is amended as follows:
(1) Section 1084 is amended by striking ‘‘General
Accounting Office’’ and inserting ‘‘Comptroller General’’.
(2) Section 1102(d)(2) is amended by striking ‘‘General
Accounting Office’’ and inserting ‘‘Comptroller General’’.
(3) Section 2014(g) is amended by striking ‘‘General
Accounting Office’’ and inserting ‘‘Government Accountability
Office’’.
(d) MISCELLANEOUS AMENDMENTS TO TITLE 10, UNITED STATES
CODE.—Title 10, United States Code, is amended as follows:
(1) The tables of chapters at the beginning of subtitle
A, and at the beginning of part I of subtitle A, are amended
by striking ‘‘481’’ in the item relating to chapter 23 and
inserting ‘‘480’’.
(2) Section 130a is amended—
(A) by striking ‘‘Effective October 1, 2002, the’’ in sub-
section (a) and inserting ‘‘The’’;
(B) by striking ‘‘baseline number’’ in subsection (a)
and all that follows through ‘‘means the’’ in subsection
(c);
(C) by transferring subsection (e) so as to appear before
subsection (d) and redesignating that subsection as sub-
section (b);
(D) by redesignating subsections (d) and (f) as sub-
section (c) and (d), respectively; and
(E) by striking subsection (g).
(3) Section 437(c) is amended by inserting ‘‘(50 U.S.C.
415b)’’ after ‘‘National Security Act of 1947’’.
(4) Section 487(d) is amended by striking ‘‘OTHER DEFINI-
TIONS’’ and inserting ‘‘INAPPLICABILITY TO COAST GUARD’’.
(5) Section 503(c)(1)(B) is amended by striking ‘‘education’’
in the second sentence and inserting ‘‘educational’’.
(6) Section 632(c)(1) is amended—
(A) by striking ‘‘paragraph (2)’’ and inserting ‘‘para-
graph (3)’’; and
(B) by striking ‘‘under that paragraph’’ and inserting
‘‘under that subsection’’.
(7) The item relating to section 1076b in the table of
sections at the beginning of chapter 55 is amended to read
as follows:
‘‘1076b. TRICARE program: coverage for members of the Ready Reserve.’’.
(8) Section 1108(e) is amended by striking ‘‘heath’’ and
inserting ‘‘health’’.
(9) Section 1406(g) is amended—
(A) by striking ‘‘section 305’’ and inserting ‘‘section
245’’; and
(B) by striking ‘‘Officers Act of 2002’’ and inserting
‘‘Officer Corps Act of 2002 (33 U.S.C. 3045)’’.
(10) Sections 1448(b)(1)(F), 1448(d)(2)(B), 1448(d)(6)(A), and
1458(j) are amended by striking ‘‘on or after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2004’’ and inserting ‘‘after November 23, 2003,’’.
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PUBLIC LAW 108–375—OCT. 28, 2004
(11) 
Sections 
1463(a)(1), 
1465(c)(1)(A), 
1465(c)(1)(B),
1465(c)(4)(A), 1465(c)(4)(B), and 1466(b)(2)(D) are amended by
striking ‘‘1413, 1413a,’’ and inserting ‘‘1413a’’.
(12) Section 1557(b) is amended by striking ‘‘Effective
October 1, 2002, final’’ and inserting ‘‘Final’’.
(13) Section 1566 is amended—
(A) in subsection (g)(2), by striking ‘‘the date that is
6 months after the date of the enactment of the Help
America Vote Act of 2002’’ in the last sentence and
inserting ‘‘April 29, 2003’’; and
(B) in subsections (h), (i)(1), and (i)(3), by striking
‘‘Armed Forces’’ and inserting ‘‘armed forces’’.
(14) Sections 1724(d) and 1732(d)(1) are amended by
striking ‘‘its decision’’ in the second sentence and inserting
‘‘the decision of the Secretary’’.
(15) Section 1761(b) is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘provide for—’’ and inserting ‘‘provide for the following:’’;
(B) in paragraphs (1), (2), and (3), by capitalizing the
first letter of the first word;
(C) at the end of paragraphs (1) and (2), by striking
the semicolon and inserting a period;
(D) at the end of paragraph (3), by striking ‘‘; and’’
and inserting a period; and
(E) by striking paragraph (4).
(16) Section 2193b(c)(2) is amended by striking ‘‘the date
of the enactment of this section’’ and inserting ‘‘October 5,
1999’’.
(17) Section 2224(c) is amended in the matter preceding
paragraph (1) by striking ‘‘subtitle II of chapter 35’’ and
inserting ‘‘subchapter II of chapter 35’’.
(18) Section 2349(d) is amended by striking ‘‘section
2350a(i)(3)’’ and inserting ‘‘section 2350a(i)(2)’’.
(19) Section 2350b(g) is amended—
(A) in the matter preceding paragraph (1), by inserting
‘‘the Secretary of Defense’’ after ‘‘authorizing’’; and
(B) in paragraph (1), by striking ‘‘the Secretary of
Defense’’.
(20) Section 2474(f)(2) is amended by striking ‘‘section
2466(e)’’ and inserting ‘‘section 2466(d)’’.
(21) Section 2540(b)(2) is amended by inserting ‘‘, as in
effect on that date’’ before the period at the end.
(22) Section 2662(a)(2) is amended—
(A) in the first sentence, by striking ‘‘must include
a summarization’’ and inserting ‘‘shall include a summary’’;
and
(B) in the second sentence, by inserting ‘‘of paragraph
(1)’’ after ‘‘in subparagraph (E)’’.
(23) Section 2672a(a) is amended—
(A) in the matter preceding paragraph (1), by inserting
‘‘in any case in which the Secretary determines’’ after ‘‘in
land’’;
(B) in paragraph (1), by striking ‘‘the Secretary deter-
mines’’ and inserting ‘‘the acquisition’’; and
(C) in paragraph (2), by inserting ‘‘the acquisition’’
after ‘‘(2)’’.
(24) Section 2701 is amended—
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PUBLIC LAW 108–375—OCT. 28, 2004
(A) in subsection (a)(2), by inserting ‘‘(42 U.S.C. 9620)’’
before the period at the end;
(B) in subsection (c)(2), by striking ‘‘of CERCLA
(relating to settlements)’’ and inserting ‘‘(relating to settle-
ments) of CERCLA (42 U.S.C. 9622)’’;
(C) in subsection (e), by inserting ‘‘(42 U.S.C. 9619)’’
after ‘‘CERCLA’’; and
(D) in subsection (j)(2), by striking ‘‘the Comprehen-
sive’’ and all the follows through ‘‘of 1980’’ and inserting
‘‘CERCLA’’.
(25) Section 2702 is amended by inserting ‘‘(42 U.S.C.
9660(a)(5))’’ in the second sentence of subsection (a) before
the period at the end.
(26) Section 2703(b) is amended by striking ‘‘The terms’’
at the beginning of the second sentence and inserting ‘‘For
purposes of the preceding sentence, the terms’’.
(27) Section 2704 is amended by inserting ‘‘(42 U.S.C.
9604(i))’’ in subsections (c), (e), and (f) after ‘‘CERCLA’’.
(28) The second section 3755, added by section 543(b)(1)
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107–314; 116 Stat. 2549), is redesignated
as section 3756, and the item relating to that section in the
table of sections at the beginning of chapter 357 is revised
to reflect such redesignation.
(29) Section 4689 is amended by striking ‘‘Building’’ after
‘‘Capitol’’.
(30) The second section 6257, added by section 543(c)(1)
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107–314; 116 Stat. 2549), is redesignated
as section 6258, and the item relating to that section in the
table of sections at the beginning of chapter 567 is revised
to reflect such redesignation.
(31) Section 7102 is amended—
(A) by striking ‘‘AUTHORITY’’ at the beginning of sub-
section (a) and inserting ‘‘MASTER OF MILITARY STUDIES’’;
(B) by striking ‘‘MARINE CORPS WAR COLLEGE’’ at the
beginning of subsection (b) and inserting ‘‘MASTER OF STRA-
TEGIC STUDIES’’;
(C) by striking ‘‘COMMAND
AND STAFF COLLEGE
OF
THE MARINE CORPS UNIVERSITY’’ at the beginning of sub-
section (c) and inserting ‘‘MASTER
OF
OPERATIONAL
STUDIES’’; and
(D) by striking ‘‘subsections (a) and (b)’’ in subsection
(d) and inserting ‘‘subsections (a), (b), and (c)’’.
(32) Section 8084 is amended by striking ‘‘capabilty’’ and
inserting ‘‘capability’’.
(33) The second section 8755, added by section 543(d)(1)
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107–314; 116 Stat. 2550), is redesignated
as section 8756, and the item relating to that section in the
table of sections at the beginning of chapter 857 is revised
to reflect such redesignation.
(34) The table in section 12012(a) is amended by inserting
a colon after ‘‘Air National Guard’’.
(e) TITLE 37, UNITED STATES CODE.—Title 37, United States
Code, is amended as follows:
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PUBLIC LAW 108–375—OCT. 28, 2004
(1) Section 301a(b)(4) is amended by striking ‘‘section
301(a)(11)’’ and inserting ‘‘section 301(a)(13)’’.
(2) Section 323(h) is amended by striking ‘‘Secretary of
Transportation’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’.
(f) PUBLIC LAW 108–136.—Effective as of November 24, 2003,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–136) is
amended as follows:
(1) Sections 832(a) and 834(a) (117 Stat. 1550) are each
amended by striking ‘‘such title’’ and inserting ‘‘title 10, United
States Code,’’.
(2) Section 931(a)(1) (117 Stat. 1580) is amended by striking
‘‘and donations’’ in the first quoted matter and inserting ‘‘or
donations’’.
(3) Section 2204(b) (117 Stat. 1706) is amended by striking
‘‘section 2101(a)’’ each place it appears and inserting ‘‘section
2201(a)’’.
(g) PUBLIC LAW 107–314.—Effective as of December 2, 2002,
and as if included therein as enacted, section 1064(a)(2) of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107–314; 116 Stat. 2654) is amended by inserting
‘‘the item relating to’’ after ‘‘is amended by inserting after’’.
(h) PUBLIC LAW 107–107.—Effective as of December 28, 2001,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107–107) is
amended as follows:
(1) Section 824(a)(1)(C) (115 Stat. 1183) is amended by
striking ‘‘(3)(A)’’ and inserting ‘‘(3)(B)’’.
(2) Section 1048(e)(4) (115 Stat. 1227) is amended by
striking ‘‘Subsection’’ and inserting ‘‘Section’’.
(3) Section 1111(c) (115 Stat. 1238) is amended by striking
‘‘This provision’’ and inserting ‘‘Section 5949 of title 5, United
States Code, as added by subsection (a),’’.
(i) PUBLIC LAW 101–510.—Section 2902(e)(2)(B) of 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) is amended—
(1) in clause (i), by striking ‘‘Subcommittee on Readiness,
Sustainability, and Support’’ and inserting ‘‘Subcommittee on
Readiness and Management Support’’; and
(2) in clause (ii), by striking ‘‘Subcommittee on Military
Installations and Facilities’’ and inserting ‘‘Subcommittee on
Readiness’’.
(j) 
NATIONAL
SECURITY
ACT
OF
1947.—Sections
702(a)(6)(B)(iv)(I), 703(a)(6)(B)(iv)(I), and 704(f)(2)(D)(i) of the
National Security Act of 1947 are amended by striking ‘‘responsible
records’’ and inserting ‘‘responsive records’’.
(k) CODIFICATION RELATING
TO LEAVE
FOR ATTENDANCE
AT
CERTAIN HEARINGS.—Subsection (b) of section 363 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(10 U.S.C. 704 note) is—
(1) transferred to section 704 of title 10, United States
Code;
(2) inserted at the end of that section;
(3) redesignated as subsection (c); and
(4) amended—
50 USC 432,
432a, 432b.
10 USC 2687
note.
5 USC 5949 note.
10 USC 1732.
10 USC 1724.
10 USC 2611.
10 USC 1725,
1742.
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PUBLIC LAW 108–375—OCT. 28, 2004
(A) by striking ‘‘Armed Forces’’ each place it appears
and inserting ‘‘armed forces’’;
(B) in paragraph (1)—
(i) by striking ‘‘Secretary of each’’ and all that
follows through ‘‘in the Navy,’’ and inserting ‘‘Secretary
concerned’’; and
(ii) by striking ‘‘(as defined in section 101 of title
10, United States Code)’’; and
(C) in paragraph (3)—
(i) by striking ‘‘For purposes of this subsection—
’’ and inserting ‘‘In this subsection:’’;
(ii) in subparagraph (A), by striking ‘‘title 10,
United States Code’’ and inserting ‘‘this title’’; and
(iii) in subparagraph (B), by striking ‘‘such term’’
and inserting ‘‘that term’’.
SEC. 1085. PRESERVATION OF SEARCH AND RESCUE CAPABILITIES
OF THE FEDERAL GOVERNMENT.
The Secretary of Defense may not reduce or eliminate search
and rescue capabilities at any military installation in the United
States unless the Secretary first certifies to the Committees on
Armed Services of the Senate and the House of Representatives
that equivalent search and rescue capabilities will be provided,
without interruption and consistent with the policies and objectives
set forth in the United States National Search and Rescue Plan
entered into force on January 1, 1999, by—
(1) the Department of Interior, the Department of Com-
merce, the Department of Homeland Security, the Department
of Transportation, the Federal Communications Commission,
or the National Aeronautics and Space Administration; or
(2) the Department of Defense, either directly or through
a Department of Defense contract with an emergency medical
service provider or other private entity to provide such capabili-
ties.
SEC. 1086. ACQUISITION OF AERIAL FIREFIGHTING EQUIPMENT FOR
NATIONAL INTERAGENCY FIRE CENTER.
(a) FINDINGS.—Congress makes the following findings:
(1) The National Interagency Fire Center does not possess
an adequate number of aircraft for use in aerial firefighting,
and personnel at the Center rely on military aircraft to provide
such firefighting services.
(2) It is in the national security interest of the United
States for the National Interagency Fire Center to acquire
aircraft for use in aerial firefighting so that the military aircraft
made available for aerial firefighting will instead be available
for use by the Armed Forces.
(b) AUTHORITY TO PURCHASE AERIAL FIREFIGHTING EQUIP-
MENT.—(1) The Secretary of Agriculture is authorized to purchase
10 aircraft, as described in paragraph (2), for the National Inter-
agency Fire Center for use in aerial firefighting.
(2) The aircraft referred to in paragraph (1) shall be aircraft
that are—
(A) specifically designed and built for aerial firefighting;
(B) certified by the Chief of the Forest Service as suited
for conditions commonly experienced in aerial firefighting oper-
ations carried out in the United States, including Alaska; and
10 USC 113 note.
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118 STAT. 2066
PUBLIC LAW 108–375—OCT. 28, 2004
(C) manufactured in a manner that is consistent with the
recommendations for aircraft used in aerial firefighting con-
tained in—
(i) the Blue Ribbon Panel Report to the Chief of the
Forest Service and the Director of the Bureau of Land
Management dated December 2002; and
(ii) the Safety Recommendation of the Chairman of
the National Transportation Safety Board related to air-
craft used in aerial firefighting dated April 23, 2004.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of Agriculture for fiscal year
2005 such funds as may be necessary to purchase the 10 aircraft
described in subsection (b).
SEC. 1087. REVISION TO REQUIREMENTS FOR RECOGNITION OF
INSTITUTIONS OF HIGHER EDUCATION AS HISPANIC-
SERVING INSTITUTIONS FOR PURPOSES OF CERTAIN
GRANTS AND CONTRACTS.
Section 502(a)(5)(C) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a)(5)(C)) is amended by inserting before the period
the following: ‘‘, which assurances—
‘‘(i) may employ statistical extrapolation using
appropriate data from the Bureau of the Census or
other appropriate Federal or State sources; and
‘‘(ii) the Secretary shall consider as meeting the
requirements of this subparagraph, unless the Sec-
retary determines, based on a preponderance of the
evidence, that the assurances do not meet the require-
ments’’.
SEC. 1088. MILITARY EXTRATERRITORIAL JURISDICTION OVER CON-
TRACTORS SUPPORTING DEFENSE MISSIONS OVERSEAS.
Section 3267(1)(A) of title 18, United States Code, is amended
to read as follows:
‘‘(A) employed as—
‘‘(i) a civilian employee of—
‘‘(I) the Department of Defense (including a
nonappropriated fund instrumentality of the
Department); or
‘‘(II) any other Federal agency, or any provi-
sional authority, to the extent such employment
relates to supporting the mission of the Depart-
ment of Defense overseas;
‘‘(ii) a contractor (including a subcontractor at any
tier) of—
‘‘(I) the Department of Defense (including a
nonappropriated fund instrumentality of the
Department); or
‘‘(II) any other Federal agency, or any provi-
sional authority, to the extent such employment
relates to supporting the mission of the Depart-
ment of Defense overseas; or
‘‘(iii) an employee of a contractor (or subcontractor
at any tier) of—
‘‘(I) the Department of Defense (including a
nonappropriated fund instrumentality of the
Department); or
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PUBLIC LAW 108–375—OCT. 28, 2004
‘‘(II) any other Federal agency, or any provi-
sional authority, to the extent such employment
relates to supporting the mission of the Depart-
ment of Defense overseas;’’.
SEC. 1089. DEFINITION OF UNITED STATES FOR PURPOSES OF FED-
ERAL CRIME OF TORTURE.
Section 2340(3) of title 18, United States Code, is amended
to read as follows:
‘‘(3) ‘United States’ means the several States of the United
States, the District of Columbia, and the commonwealths, terri-
tories, and possessions of the United States.’’.
SEC. 1090. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) IN GENERAL.—Section 801(c) of the National Energy Con-
servation Policy Act (42 U.S.C. 8287(c)) is amended by striking
‘‘2003’’ and inserting ‘‘2006’’.
(b) PAYMENT OF COSTS.—Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by inserting
‘‘, water, or wastewater treatment’’ after ‘‘payment of energy’’.
(c) ENERGY SAVINGS.—Section 804(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read
as follows:
‘‘(2) The term ‘energy savings’ means a reduction in the
cost of energy, water, or wastewater treatment, from a base
cost established through a methodology set forth in the contract,
used in an existing federally owned building or buildings or
other federally owned facilities as a result of—
‘‘(A) the lease or purchase of operating equipment,
improvements, altered operation and maintenance, or tech-
nical services;
‘‘(B) the increased efficient use of existing energy
sources by cogeneration or heat recovery, excluding any
cogeneration process for other than a federally owned
building or buildings or other federally owned facilities;
or
‘‘(C) the increased efficient use of existing water sources
in either interior or exterior applications.’’.
(d) ENERGY SAVINGS CONTRACT.—Section 804(3) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(3)) is amended
to read as follows:
‘‘(3) The terms ‘energy savings contract’ and ‘energy savings
performance contract’ mean a contract that provides for the
performance of services for the design, acquisition, installation,
testing, and, where appropriate, operation, maintenance, and
repair, of an identified energy or water conservation measure
or series of measures at 1 or more locations. Such contracts
shall, with respect to an agency facility that is a public building
(as such term is defined in section 3301 of title 40, United
States Code), be in compliance with the prospectus require-
ments and procedures of section 3307 of title 40, United States
Code.’’.
(e) ENERGY
OR
WATER
CONSERVATION
MEASURE.—Section
804(4) of the National Energy Conservation Policy Act (42 U.S.C.
8287c(4)) is amended to read as follows:
‘‘(4) The term ‘energy or water conservation measure’
means—
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118 STAT. 2068
PUBLIC LAW 108–375—OCT. 28, 2004
‘‘(A) an energy conservation measure, as defined in
section 551; or
‘‘(B) a water conservation measure that improves the
efficiency of water use, is life-cycle cost-effective, and
involves water conservation, water recycling or reuse, more
efficient treatment of wastewater or stormwater, improve-
ments in operation or maintenance efficiencies, retrofit
activities, or other related activities, not at a Federal hydro-
electric facility.’’.
(f) REVIEW.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy shall complete a
review of the Energy Savings Performance Contract program to
identify statutory, regulatory, and administrative obstacles that
prevent Federal agencies from fully utilizing the program. In addi-
tion, this review shall identify all areas for increasing program
flexibility and effectiveness, including audit and measurement
verification requirements, accounting for energy use in determining
savings, contracting requirements, including the identification of
additional qualified contractors, and energy efficiency services cov-
ered. The Secretary shall report these findings to Congress and
shall implement identified administrative and regulatory changes
to increase program flexibility and effectiveness to the extent that
such changes are consistent with statutory authority.
(g) EXTENSION OF AUTHORITY.—Any energy savings perform-
ance contract entered into under section 801 of the National Energy
Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003,
and before the date of enactment of this Act, shall be deemed
to have been entered into pursuant to such section 801 as amended
by subsection (a) of this section.
SEC. 1091. SENSE OF CONGRESS AND POLICY CONCERNING PERSONS
DETAINED BY THE UNITED STATES.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the abuses inflicted upon detainees at the Abu Ghraib
prison in Baghdad, Iraq, are inconsistent with the profes-
sionalism, dedication, standards, and training required of
individuals who serve in the United States Armed Forces;
(2) the vast majority of members of the Armed Forces
have upheld the highest possible standards of professionalism
and morality in the face of illegal tactics and terrorist attacks
and attempts on their lives;
(3) the abuse of persons in United States custody in Iraq
is appropriately condemned and deplored by the American
people;
(4) the Armed Forces are moving swiftly and decisively
to identify, try, and, if found guilty, punish persons who per-
petrated such abuse;
(5) the Department of Defense and appropriate military
authorities must continue to undertake corrective action, as
appropriate, to address chain-of-command deficiencies and the
systemic deficiencies identified in the incidents in question;
(6) the Constitution, laws, and treaties of the United States
and the applicable guidance and regulations of the United
States Government prohibit the torture or cruel, inhuman,
or degrading treatment of foreign prisoners held in custody
by the United States;
10 USC 801 note.
42 USC 8287
note.
Deadline.
42 USC 8287
note.
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118 STAT. 2069
PUBLIC LAW 108–375—OCT. 28, 2004
(7) the alleged crimes of a handful of individuals should
not detract from the commendable sacrifices of over 300,000
members of the Armed Forces who have served, or who are
serving, in Operation Iraqi Freedom; and
(8) no detainee shall be subject to torture or cruel, inhuman,
or degrading treatment or punishment that is prohibited by
the Constitution, laws, or treaties of United States.
(b) POLICY.—It is the policy of the United States to—
(1) ensure that no detainee shall be subject to torture
or cruel, inhuman, or degrading treatment or punishment that
is prohibited by the Constitution, laws, or treaties of the United
States;
(2) investigate and prosecute, as appropriate, all alleged
instances of unlawful treatment of detainees in a manner con-
sistent with the international obligations, laws, or policies of
the United States;
(3) ensure that all personnel of the United States Govern-
ment understand their obligations in both wartime and peace-
time to comply with the legal prohibitions against torture,
cruel, inhuman, or degrading treatment of detainees in the
custody of the United States;
(4) ensure that, in a case in which there is doubt as
to whether a detainee is entitled to prisoner of war status
under the Geneva Conventions, such detainee receives the
protections accorded to prisoners of war until the detainee’s
status is determined by a competent tribunal; and
(5) expeditiously process and, if appropriate, prosecute
detainees in the custody of the United States, including those
in the custody of the United States Armed Forces at Guanta-
namo Bay, Cuba.
(c) DETAINEES.—For purposes of this section, the term
‘‘detainee’’ means a person in the custody or under the physical
control of the United States as a result of armed conflict.
SEC. 1092. ACTIONS TO PREVENT THE ABUSE OF DETAINEES.
(a) POLICIES REQUIRED.—The Secretary of Defense shall ensure
that policies are prescribed not later than 150 days after the date
of the enactment of this Act regarding procedures for Department
of Defense personnel and contractor personnel of the Department
of Defense intended to ensure that members of the Armed Forces,
and all persons acting on behalf of the Armed Forces or within
facilities of the Armed Forces, treat persons detained by the United
States Government in a humane manner consistent with the inter-
national obligations and laws of the United States and the policies
set forth in section 1091(b).
(b) MATTERS TO BE INCLUDED.—In order to achieve the objective
stated in subsection (a), the policies under that subsection shall
specify, at a minimum, procedures for the following:
(1) Ensuring that each commander of a Department of
Defense detention facility or interrogation facility—
(A) provides all assigned personnel with training, and
documented 
acknowledgment 
of 
receiving 
training,
regarding the law of war, including the Geneva Conven-
tions; and
(B) establishes standard operating procedures for the
treatment of detainees.
10 USC 801 note.
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(2) Ensuring that each Department of Defense contract
in which contract personnel in the course of their duties interact
with individuals detained by the Department of Defense on
behalf of the United States Government include a requirement
that such contract personnel have received training, and docu-
mented acknowledgment of receiving training, regarding the
international obligations and laws of the United States
applicable to the detention of personnel.
(3) Providing all detainees with information, in their own
language, of the applicable protections afforded under the
Geneva Conventions.
(4) Conducting periodic unannounced and announced
inspections of detention facilities in order to provide continued
oversight of interrogation and detention operations.
(5) Ensuring that, to the maximum extent practicable,
detainees and detention facility personnel of a different gender
are not alone together.
(c) SECRETARY OF DEFENSE CERTIFICATION.—The Secretary of
Defense shall certify that all Federal employees and civilian contrac-
tors engaged in the handling or interrogation of individuals detained
by the Department of Defense on behalf of the United States
Government have fulfilled an annual training requirement on the
law of war, the Geneva Conventions, and the obligations of the
United States under international law.
SEC. 1093. REPORTING REQUIREMENTS.
(a) TRANSMISSION OF REGULATIONS, ETC.—Not later than 30
days after the date on which regulations, policies, and orders are
first prescribed under section 1092(a), the Secretary of Defense
shall transmit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives copies of such regulations, policies, or orders, together with
a report on steps taken to the date of the report to implement
section 1092.
(b) ONE-YEAR IMPLEMENTATION REPORT.—Not later than one
year after the date on which regulations, policies, and orders are
first prescribed under section 1092(a), the Secretary shall submit
to such committees a report on further steps taken to implement
section 1092 to the date of such report.
(c) ANNUAL REPORT.—Nine months after the date of the enact-
ment of this Act and annually thereafter, the Secretary shall submit
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
for the preceding 12-months containing the following:
(1) Notice of any investigation into any violation of inter-
national obligations or laws of the United States regarding
the treatment of individuals detained by the United States
Armed Forces or by a person providing services to the Depart-
ment of Defense on a contractual basis, if the notice will not
compromise any ongoing criminal or administrative investiga-
tion or prosecution.
(2) General information on the foreign national detainees
in the custody of the Department of Defense during the 12-
month period covered by the report, including the following:
(A) The best estimate of the Secretary of Defense of
the total number of detainees in the custody of the Depart-
ment as of the date of the report.
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118 STAT. 2071
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(B) The best estimate of the Secretary of Defense of
the total number of detainees released from the custody
of the Department during the period covered by the report.
(C) An aggregate summary of the number of persons
detained as enemy prisoners of war, civilian internees,
and unlawful combatants, including information regarding
the average length of detention for persons in each cat-
egory.
(D) An aggregate summary of the nationality of persons
detained.
(E) Aggregate information as to the transfer of
detainees to the jurisdiction of other countries, and the
countries to which transferred.
(d) CLASSIFICATION OF REPORTS.—Reports submitted under this
section shall be submitted, to the extent practicable, in unclassified
form, but may include a classified annex as necessary to protect
the national security of the United States.
(e) TERMINATION.—The requirements of this section shall cease
to be in effect on December 31, 2007.
SEC. 1094. FINDINGS AND SENSE OF CONGRESS CONCERNING ARMY
SPECIALIST JOSEPH DARBY.
(a) FINDINGS.—Congress makes the following findings:
(1) The need to act in accord with one’s conscience, risking
one’s career and even the esteem of one’s colleagues by pursuing
what is right is especially important today.
(2) While the Department of Defense investigates the hor-
rific abuses in American detention facilities in Iraq, the Nation
should bear in mind that the abuses were only brought to
light because of the courage of an American soldier.
(3) By alerting his superiors to abuses at Abu Ghraib
prison in Iraq, Army Specialist Joseph Darby demonstrated
the courage to speak out and do what is right for his country.
(4) Such an action is especially important in light of the
many challenges facing the country.
(5) Specialist Darby deserves the Nation’s thanks for
speaking up and for standing up for what is right.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Secretary of Defense should make every protection
available to Army Specialist Joseph Darby and others who
demonstrate such courage; and
(2) Specialist Darby should be commended appropriately
by the Secretary of the Army.
TITLE XI—CIVILIAN PERSONNEL
MATTERS
Sec. 1101. Payment of Federal employee health benefit premiums for mobilized
Federal employees.
Sec. 1102. Foreign language proficiency pay.
Sec. 1103. Pay and performance appraisal parity for civilian intelligence personnel.
Sec. 1104. Pay parity for senior executives in defense nonappropriated fund instru-
mentalities.
Sec. 1105. Science, mathematics, and research for transformation (SMART) defense
scholarship pilot program.
Sec. 1106. Report on how to recruit and retain individuals with foreign language
skills.
Sec. 1107. Plan on implementation and utilization of flexible personnel manage-
ment authorities in Department of Defense laboratories.
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PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 1101. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PRE-
MIUMS FOR MOBILIZED FEDERAL EMPLOYEES.
(a) AUTHORITY
TO
CONTINUE
BENEFIT
COVERAGE.—Section
8905a of title 5, United States Code is amended—
(1) in subsection (a), by striking ‘‘paragraph (1) or (2)
of’’;
(2) in subsection (b)—
(A) in paragraph (1)(B), by striking ‘‘and’’ at the end;
(B) in paragraph (2)(C), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) any employee who—
‘‘(A) is enrolled in a health benefits plan under this
chapter;
‘‘(B) is a member of a reserve component of the armed
forces;
‘‘(C) is called or ordered to active duty in support
of a contingency operation (as defined in section 101(a)(13)
of title 10);
‘‘(D) is placed on leave without pay or separated from
service to perform active duty; and
‘‘(E) serves on active duty for a period of more than
30 consecutive days.’’; and
(4) in subsection (e)(1)—
(A) in subparagraph (A), by striking ‘‘or’’ at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ‘‘; or’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(C) in the case of an employee described in subsection
(b)(3), the date which is 24 months after the employee
is placed on leave without pay or separated from service
to perform active duty.’’.
(b) AUTHORITY FOR AGENCIES TO PAY PREMIUMS.—Subpara-
graph (C) of section 8906(e)(3) of such title is amended by striking
‘‘18 months’’ and inserting ‘‘24 months’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to Federal employees called or ordered
to active duty on or after September 14, 2001.
SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY.
(a) ELIGIBILITY FOR SERVICE NOT RELATED TO CONTINGENCY
OPERATIONS.—Section 1596a(a)(2) of title 10, United States Code,
is amended by striking ‘‘during a contingency operation supported
by the armed forces’’.
(b) EFFECTIVE DATE.—The amendment by this section shall
take effect on the first day of the first month that begins after
the date of the enactment of this Act.
SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY FOR CIVILIAN
INTELLIGENCE PERSONNEL.
(a) PAY RATES.—Section 1602 of title 10, United States Code,
is amended—
(1) in subsection (a), by striking ‘‘in relation to the rates
of pay provided in subpart D of part III of title 5 for positions
subject to that subpart which have corresponding levels of
duties and responsibilities’’ and inserting ‘‘in relation to the
10 USC 1596a
note.
5 USC 8905a
note.
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118 STAT. 2073
PUBLIC LAW 108–375—OCT. 28, 2004
rates of pay provided for comparable positions in the Depart-
ment of Defense and subject to the same limitations on max-
imum rates of pay established for employees of the Department
of Defense by law or regulation’’;
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(b) PERFORMANCE APPRAISAL SYSTEM.—Section 1606 of such
title is amended by adding at the end the following new subsection:
‘‘(d) PERFORMANCE APPRAISALS.—(1) The Defense Intelligence
Senior Executive Service shall be subject to a performance appraisal
system which, as designed and applied, is certified by the Secretary
of Defense under section 5307 of title 5 as making meaningful
distinctions based on relative performance.
‘‘(2) The performance appraisal system applicable to the Defense
Intelligence Senior Executive Service under paragraph (1) may be
the same performance appraisal system that is established and
implemented within the Department of Defense for members of
the Senior Executive Service.’’.
SEC. 1104. PAY PARITY FOR SENIOR EXECUTIVES IN DEFENSE NON-
APPROPRIATED FUND INSTRUMENTALITIES.
(a) AUTHORITY.—Chapter 81 of title 10, United States Code,
is amended by inserting after section 1587 the following new section:
‘‘§ 1587a. Employees of nonappropriated fund instrumental-
ities: senior executive pay levels
‘‘(a) AUTHORITY.—To achieve the objective stated in subsection
(b), the Secretary of Defense may regulate the amount of total
compensation that is provided for senior executives of non-
appropriated fund instrumentalities who, for the fixing of pay by
administrative action, are under the jurisdiction of the Secretary
of Defense or the Secretary of a military department.
‘‘(b) PAY PARITY.—The objective of an action taken with respect
to the compensation of senior executives under subsection (a) is
to provide for parity between the total compensation provided for
such senior executives and total compensation that is provided
for Department of Defense employees in Senior Executive Service
positions or other senior executive positions.
‘‘(c) STANDARDS OF COMPARABILITY.—Subject to subsection (d),
the Secretary of Defense shall prescribe the standards of comparison
that are to apply in the making of the determinations necessary
to achieve the objective stated in subsection (b).
‘‘(d) ESTABLISHMENT OF PAY RATES.—The Secretary of Defense
shall apply subsections (a) and (b) of section 5382 of title 5 in
the regulation of compensation under this section.
‘‘(e) RELATIONSHIP
TO
PAY
LIMITATION.—The Secretary of
Defense may exercise the authority provided in subsection (a) with-
out regard to section 5373 of title 5.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘compensation’ includes rate of basic pay.
‘‘(2) The term ‘Senior Executive Service position’ has the
meaning given such term in section 3132 of title 5.’’.
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118 STAT. 2074
PUBLIC LAW 108–375—OCT. 28, 2004
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 1587 the following new item:
‘‘1587a. Employees of nonappropriated fund instrumentalities: senior executive pay
levels.’’.
SEC. 1105. SCIENCE, MATHEMATICS, AND RESEARCH FOR TRANS-
FORMATION (SMART) DEFENSE SCHOLARSHIP PILOT
PROGRAM.
(a) REQUIREMENT FOR PROGRAM.—(1) The Secretary of Defense
shall carry out a pilot program to provide financial assistance
for education in science, mathematics, engineering, and technology
skills and disciplines that, as determined by the Secretary, are
critical to the national security functions of the Department of
Defense and are needed in the Department of Defense workforce.
(2) The pilot program under this section shall be carried out
for three years beginning on the date of the enactment of this
Act.
(b) SCHOLARSHIPS.—(1) Under the pilot program, the Secretary
of Defense may award a scholarship in accordance with this section
to a person who—
(A) is a citizen of the United States;
(B) is pursuing an undergraduate or advanced degree in
a critical skill or discipline described in subsection (a) at an
institution of higher education; and
(C) enters into a service agreement with the Secretary
of Defense as described in subsection (c).
(2) The amount of the financial assistance provided under a
scholarship awarded to a person under this subsection shall be
the amount determined by the Secretary of Defense as being nec-
essary to pay all educational expenses incurred by that person,
including tuition, fees, cost of books, laboratory expenses, and
expenses of room and board. The expenses paid, however, shall
be limited to those educational expenses normally incurred by stu-
dents at the institution of higher education involved.
(c) SERVICE AGREEMENT FOR RECIPIENTS OF ASSISTANCE.—(1)
To receive financial assistance under this section—
(A) in the case of an employee of the Department of
Defense, the employee shall enter into a written agreement
to continue in the employment of the department for the period
of obligated service determined under paragraph (2); and
(B) in the case of a person not an employee of the Depart-
ment of Defense, the person shall enter into a written agree-
ment to accept and continue employment in the Department
of Defense for the period of obligated service determined under
paragraph (2).
(2) For the purposes of this subsection, the period of obligated
service for a recipient of a scholarship under this section shall
be the period determined by the Secretary of Defense as being
appropriate to obtain adequate service in exchange for the financial
assistance provided under the scholarship. In no event may the
period of service required of a recipient be less than the total
period of pursuit of a degree that is covered by the scholarship.
The period of obligated service is in addition to any other period
for which the recipient is obligated to serve in the civil service
of the United States.
10 USC 2192
note.
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118 STAT. 2075
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(3) An agreement entered into under this subsection by a person
pursuing an academic degree shall include any terms and conditions
that the Secretary of Defense determines necessary to protect the
interests of the United States or otherwise appropriate for carrying
out this section.
(d) REFUND FOR PERIOD OF UNSERVED OBLIGATED SERVICE.—
(1) A person who voluntarily terminates service before the end
of the period of obligated service required under an agreement
entered into under subsection (c) shall refund to the United States
an amount determined by the Secretary of Defense as being appro-
priate to obtain adequate service in exchange for financial assist-
ance.
(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
(3) The Secretary of Defense may waive, in whole or in part,
a refund required under paragraph (1) if the Secretary determines
that recovery would be against equity and good conscience or would
be contrary to the best interests of the United States.
(4) A discharge in bankruptcy under title 11, United States
Code, that is entered less than five years after the termination
of an agreement under this section does not discharge the person
signing such agreement from a debt arising under such agreement
or under this subsection.
(e) RELATIONSHIP
TO OTHER PROGRAMS.—The pilot program
under this section is in addition to the authorities provided in
chapter 111 of title 10, United States Code. The Secretary of Defense
shall coordinate the provision of financial assistance under the
authority of this section with the provision of financial assistance
under the authorities provided in such chapter in order to maximize
the benefits derived by the Department of Defense from the exercise
of all such authorities.
(f) RECOMMENDATION ON PILOT PROGRAM.—Not later than Feb-
ruary 1, 2007, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives, the Committee on Governmental Affairs of the Senate, and
the Committee on Government Reform of the House of Representa-
tives a plan for expanding and improving the national defense
science and engineering workforce educational assistance pilot pro-
gram carried out under this section as appropriate to improve
recruitment and retention to meet the requirements of the Depart-
ment of Defense for its science and engineering workforce on a
short-term basis and on a long-term basis.
(g) CRITICAL HIRING NEED.—Section 3304(a)(3) of title 5, United
States Code, is amended by striking subparagraph (B) and inserting
the following:
‘‘(B)(i) the Office of Personnel Management has deter-
mined that there exists a severe shortage of candidates
or there is a critical hiring need; or
‘‘(ii) the candidate is a participant in the Science,
Mathematics, and Research for Transformation (SMART)
Defense Scholarship Pilot Program under section 1105 of
the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005.’’.
(h) INSTITUTION OF HIGHER EDUCATION DEFINED.—In this sec-
tion, the term ‘‘institution of higher education’’ has the meaning
given such term in section 101 of the Higher Education Act of
1965 (21 U.S.C. 1001).
Deadline.
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118 STAT. 2076
PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 1106. REPORT ON HOW TO RECRUIT AND RETAIN INDIVIDUALS
WITH FOREIGN LANGUAGE SKILLS.
Not later than March 31, 2005, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives and the Select Committee on Intel-
ligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives, a plan for expanding
and improving the national security foreign language workforce
of the Department of Defense as appropriate to improve recruitment
and retention to meet the requirements of the Department for
its foreign language workforce on a short-term basis and on a
long-term basis.
SEC. 1107. PLAN ON IMPLEMENTATION AND UTILIZATION OF FLEXIBLE
PERSONNEL MANAGEMENT AUTHORITIES IN DEPART-
MENT OF DEFENSE LABORATORIES.
(a) PLAN REQUIRED.—The Under Secretary of Defense for
Acquisition, Technology, and Logistics and the Under Secretary
of Defense for Personnel and Readiness shall jointly develop a
plan for the effective utilization of the personnel management
authorities referred to in subsection (b) in order to increase the
mission responsiveness, efficiency, and effectiveness of Department
of Defense laboratories.
(b) 
COVERED
AUTHORITIES.—The 
personnel 
management
authorities referred to in this subsection are the personnel manage-
ment authorities granted to the Secretary of Defense by the provi-
sions of law as follows:
(1) Section 342(b) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721),
as amended by section 1114 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–315)).
(2) Section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261;
5 U.S.C. 3104 note).
(3) Section 9902(c) of title 5, United States Code.
(4) Such other provisions of law as the Under Secretaries
jointly consider appropriate for purposes of this section.
(c) PLAN ELEMENTS.—The plan under subsection (a) shall—
(1) include such elements as the Under Secretaries jointly
consider appropriate to provide for the effective utilization of
the personnel management authorities referred to in subsection
(b) as described in subsection (a), including the recommenda-
tions of the Under Secretaries for such additional authorities,
including authorities for demonstration programs or projects,
as are necessary to achieve the effective utilization of such
personnel management authorities; and
(2) include procedures, including a schedule for review
and decisions, on proposals to modify current demonstration
programs or projects, or to initiate new demonstration programs
or projects, on flexible personnel management at Department
laboratories
(d) SUBMITTAL
TO CONGRESS.—The Under Secretaries shall
jointly submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives the plan under subsection (a) not later than December 1,
2005.
Deadline.
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118 STAT. 2077
PUBLIC LAW 108–375—OCT. 28, 2004
TITLE XII—MATTERS RELATING TO
OTHER NATIONS
Subtitle A—Matters Relating to Iraq, Afghanistan, and Global War on
Terrorism
Sec. 1201. Commanders’ Emergency Response Program.
Sec. 1202. Assistance to Iraq and Afghanistan military and security forces.
Sec. 1203. Redesignation and modification of authorities relating to Inspector Gen-
eral of the Coalition Provisional Authority.
Sec. 1204. Presidential report on strategy for stabilization of Iraq.
Sec. 1205. Guidance on contractors supporting deployed forces in Iraq.
Sec. 1206. Report on contractors supporting deployed forces and reconstruction ef-
forts in Iraq.
Sec. 1207. United Nations Oil-for-Food Program.
Sec. 1208. Support of military operations to combat terrorism.
Subtitle B—Counterproliferation Matters
Sec. 1211. Defense international counterproliferation programs.
Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic missiles.
Sec. 1213. Sense of Congress on the global partnership against the spread of weap-
ons of mass destruction.
Sec. 1214. Report on collaborative measures to reduce the risks of a launch of Rus-
sian nuclear weapons.
Subtitle C—Other Matters
Sec. 1221. Authority for humanitarian assistance for the detection and clearance of
landmines extended to include other explosive remnants of war.
Sec. 1222. Expansion of entities of the People’s Republic of China subject to certain
presidential authorities when operating in the United States.
Sec. 1223. Assignment of NATO naval personnel to submarine safety programs.
Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members.
Sec. 1225. Bilateral exchanges and trade in defense articles and defense services
between the United States and the United Kingdom and Australia.
Sec. 1226. Study on missile defense cooperation.
Subtitle A—Matters Relating to Iraq,
Afghanistan, and Global War on Terrorism
SEC. 1201. COMMANDERS’ EMERGENCY RESPONSE PROGRAM.
(a) FISCAL YEAR 2005 AUTHORITY.—During fiscal year 2005,
from funds made available to the Department of Defense for oper-
ation and maintenance pursuant to title XV, not to exceed
$300,000,000 may be used to provide funds—
(1) for the Commanders’ Emergency Response Program,
established by the Administrator of the Coalition Provisional
Authority for the purpose of enabling United States military
commanders in Iraq to respond to urgent humanitarian relief
and reconstruction requirements within their areas of responsi-
bility by carrying out programs that will immediately assist
the Iraqi people; and
(2) for a similar program to assist the people of Afghani-
stan.
(b) QUARTERLY REPORTS.—Not later than 15 days after the
end of each fiscal-year quarter (beginning with the first quarter
of fiscal year 2005), the Secretary of Defense shall submit to the
congressional defense committees a report regarding the source
of funds and the allocation and use of funds during that quarter
that were made available pursuant to the authority provided in
this section or under any other provision of law for the purposes
stated in subsection (a).
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118 STAT. 2078
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(c) WAIVER AUTHORITY.—For purposes of the exercise of the
authority provided by this section or any other provision of law
making funding available for the Commanders’ Emergency
Response Program referred to in subsection (a) (including a program
referred to in paragraph (2) of that subsection), the Secretary may
waive any provision of law not contained in this section that would
(but for the waiver) prohibit, restrict, limit, or otherwise constrain
the exercise of that authority.
(d) REVIEW OF LAWS.—Not later than 120 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report identi-
fying all provisions of law that (if not waived) would prohibit,
restrict, limit, or otherwise constrain the exercise of the authority
provided in this section or any other provision of law using funds
available for the purposes stated in subsection (a).
SEC. 1202. ASSISTANCE TO IRAQ AND AFGHANISTAN MILITARY AND
SECURITY FORCES.
(a) AUTHORITY.—The Secretary of Defense may provide assist-
ance under this section to Iraq and Afghanistan military and secu-
rity forces. Such assistance shall be provided, subject to the provi-
sions of this section, solely to enhance the ability of such forces
to combat terrorism and support United States or coalition military
operations in Iraq and Afghanistan, respectively.
(b) TYPE OF ASSISTANCE.—Assistance provided under subsection
(a) may include equipment, supplies, services, and training.
(c) LIMITATIONS.—Assistance under this section or under any
other provision of law for the purpose described in subsection (a)
may be provided only from funds available to the Department
of Defense for fiscal year 2005 for operation and maintenance
under title XV. The total amount of such assistance may not exceed
$500,000,000.
(d) CONGRESSIONAL NOTIFICATION.—Before any provision of
assistance under this section or any other provision of law for
the purpose described in subsection (a), the Secretary of Defense
shall submit to the congressional defense committees a notification
of the assistance proposed to be provided. Any such notification
shall be submitted not less than 15 days before the provision
of such assistance.
(e) MILITARY AND SECURITY FORCES DEFINED.—For purposes
of this section, the term ‘‘military and security forces’’ means
national armies, national guard forces, border security forces, civil
defense forces, infrastructure protection forces, and police.
SEC. 1203. REDESIGNATION AND MODIFICATION OF AUTHORITIES
RELATING TO INSPECTOR GENERAL OF THE COALITION
PROVISIONAL AUTHORITY.
(a) REDESIGNATION.—(1) Subsections (b) and (c)(1) of section
3001 of the Emergency Supplemental Appropriations Act for
Defense and for the Reconstruction of Iraq and Afghanistan, 2004
(Public Law 108–106; 117 Stat. 1234; 5 U.S.C. App. 3 section
8G note) are each amended by striking ‘‘Office of the Inspector
General of the Coalition Provisional Authority’’ and inserting ‘‘Office
of the Special Inspector General for Iraq Reconstruction’’.
(2) Subsection (c)(1) of such section is further amended by
striking ‘‘Inspector General of the Coalition Provisional Authority’’
Deadline.
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and inserting ‘‘Special Inspector General for Iraq Reconstruction
(in this section referred to as the ‘Inspector General’)’’.
(3)(A) The heading of such section is amended to read as
follows:
‘‘SEC. 3001. SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUC-
TION.’’.
(B) The heading of title III of such Act is amended to read
as follows:
‘‘TITLE III—SPECIAL INSPECTOR GEN-
ERAL FOR IRAQ RECONSTRUCTION’’.
(b) CONTINUATION IN OFFICE.—The individual serving as the
Inspector General of the Coalition Provisional Authority as of the
date of the enactment of this Act may continue to serve in that
position after that date without reappointment under paragraph
(1) of section 3001(c) of the Emergency Supplemental Appropriations
Act for Defense and for the Reconstruction of Iraq and Afghanistan,
2004, but remaining subject to removal as specified in paragraph
(4) of that section.
(c) PURPOSES.—Subsection (a) of such section is amended—
(1) in paragraph (1), by striking ‘‘of the Coalition Provi-
sional Authority (CPA)’’ and inserting ‘‘funded with amounts
appropriated or otherwise made available to the Iraq Relief
and Reconstruction Fund’’;
(2) in paragraph (2)(B), by striking ‘‘fraud’’ and inserting
‘‘waste, fraud,’’; and
(3) in paragraph (3), by striking ‘‘the head of the Coalition
Provisional Authority’’ and inserting ‘‘the Secretary of State
and the Secretary of Defense’’.
(d) RESPONSIBILITIES OF ASSISTANT INSPECTOR GENERAL FOR
AUDITING.—Subsection (d)(1) of such section is amended by striking
‘‘of the Coalition Provisional Authority’’ and inserting ‘‘supported
by the Iraq Relief and Reconstruction Fund’’.
(e) SUPERVISION.—Such section is further amended—
(1) in subsection (e)—
(A) in paragraph (1), by striking ‘‘the head of the
Coalition Provisional Authority’’ and inserting ‘‘the Sec-
retary of State and the Secretary of Defense’’; and
(B) in paragraph (2)—
(i) by striking ‘‘Neither the head of the Coalition
Provisional Authority,’’ and all that follows through
‘‘nor any other officer’’ and inserting ‘‘No officer’’; and
(ii) by striking ‘‘investigation,’’ and all that follows
through ‘‘course of any’’ and inserting ‘‘investigation
related to the Iraq Relief and Reconstruction Fund
or from issuing any subpoena during the course of
any such’’;
(2) in subsection (h)—
(A) in paragraphs (4)(B) and (5), by striking ‘‘head
of the Coalition Provisional Authority’’ and inserting ‘‘Sec-
retary of State or Secretary of Defense, as appropriate,’’;
and
(B) in paragraph (5), by striking ‘‘at the central and
field locations of the Coalition Provisional Authority’’ and
5 USC app. 8G
note.
5 USC app. 8G
note.
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inserting ‘‘within the Department of Defense or at appro-
priate locations of the Department of State in Iraq’’;
(3) in subsection (j)—
(A) in paragraph (1), by striking ‘‘the head of the
Coalition Provisional Authority’’ and inserting ‘‘the Sec-
retary of State and the Secretary of Defense’’; and
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking ‘‘the head of the Coalition Provi-
sional Authority’’ the first place it appears and
inserting ‘‘the Secretary of State or the Secretary
of Defense’’; and
(II) by striking ‘‘the head of the Coalition
Provisional Authority’’ the second place it appears
and inserting ‘‘the Secretary of State or the Sec-
retary of Defense, as the case may be,’’; and
(ii) in subparagraph (B), by striking ‘‘the head
of the Coalition Provisional Authority’’ and inserting
‘‘the Secretary of State or the Secretary of Defense,
as the case may be,’’; and
(4) in subsection (k), by striking ‘‘the head of the Coalition
Provisional Authority shall’’ both places it appears and
inserting ‘‘the Secretary of State and the Secretary of Defense
shall jointly’’.
(f) DUTIES.—Subsection (f)(1) of such section is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘appropriated funds by the Coalition Provisional Authority in
Iraq’’ and inserting ‘‘amounts appropriated or otherwise made
available to the Iraq Relief and Reconstruction Fund’’; and
(2) in subparagraph (D), by striking ‘‘the Coalition Provi-
sional Authority,’’ and all that follows through ‘‘Government,
and’’ and inserting ‘‘departments, agencies, and entities of the
United States and’’.
(g) INTERAGENCY COORDINATION.—Subsection (f) of such section
is further amended by striking paragraphs (4) and (5) and inserting
the following new paragraph (4):
‘‘(4) In carrying out the duties, responsibilities, and authorities
of the Inspector General under this section, the Inspector General
shall coordinate with, and receive the cooperation of, each of the
following:
‘‘(A) The Inspector General of the Department of State.
‘‘(B) The Inspector General of the Department of Defense.
‘‘(C) The Inspector General of the United States Agency
for International Development.’’.
(h) POWERS AND AUTHORITIES.—Subsection (g)(1) of such section
is amended by inserting before the period the following: ‘‘, including
the authorities under subsection (e) of such section’’.
(i) REPORTS.—Subsection (i) of such section is amended—
(1) in paragraph (1)—
(A) by striking the first sentence and inserting the
following: ‘‘Not later than 30 days after the end of each
fiscal-year quarter, the Inspector General shall submit to
the appropriate committees of Congress a report summa-
rizing, for the period of that quarter and, to the extent
possible, the period from the end of such quarter to the
time of the submission of the report, the activities during
such period of the Inspector General and the activities
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118 STAT. 2081
PUBLIC LAW 108–375—OCT. 28, 2004
under programs and operations funded with amounts
appropriated or otherwise made available to the Iraq Relief
and Reconstruction Fund.’’;
(B) in subparagraph (B), by striking ‘‘the Coalition
Provisional Authority’’ and inserting ‘‘the Department of
Defense, the Department of State, and the United States
Agency for International Development, as applicable,’’;
(C) in subparagraph (E)—
(i) by striking ‘‘the Coalition Provisional Authority
and of any other’’; and
(ii) by striking ‘‘appropriated funds’’ and inserting
‘‘amounts appropriated or otherwise made available
to the Iraq Relief and Reconstruction Fund’’; and
(D) in subparagraph (F)(iii), by striking ‘‘the Coalition
Provisional Authority’’ and inserting ‘‘the contracting
department or agency’’;
(2) in paragraph (2), by striking ‘‘by the Coalition Provi-
sional Authority’’ and inserting ‘‘by any department or agency
of the United States Government that involves the use of
amounts appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund’’;
(3) in paragraph (3)—
(A) by striking ‘‘Not later than June 30, 2004, and
semiannually thereafter, the’’ and inserting ‘‘The’’;
(B) by striking ‘‘a report’’ and inserting ‘‘semiannual
reports’’; and
(C) and by adding at the end the following new sen-
tence: ‘‘The first such report for a year, covering the first
six months of the year, shall be submitted not later than
July 31 of that year, and the second such report, covering
the second six months of the year, shall be submitted
not later than January 31 of the following year.’’; and
(4) in paragraph (4), by striking ‘‘of the Coalition Provi-
sional Authority’’ and inserting ‘‘of the Department of State
and of the Department of Defense’’.
(j) TERMINATION.—Subsection (o) of such section is amended
to read as follows:
‘‘(o) TERMINATION.—The Office of the Inspector General shall
terminate on the date that is 10 months after the date, as deter-
mined by the Secretary of State and the Secretary of Defense,
on which 80 percent of the amounts appropriated or otherwise
made available to the Iraq Relief and Reconstruction Fund by
chapter 2 of title II of this Act have been obligated.’’.
SEC. 1204. PRESIDENTIAL REPORT ON STRATEGY FOR STABILIZATION
OF IRAQ.
(a) STABILIZATION STRATEGY.—Not later than 120 days after
the date of the enactment of this Act, the President shall submit
to Congress an unclassified report (with classified annex, if nec-
essary) on the strategy of the United States and coalition forces
for stabilizing Iraq. The report shall contain a detailed explanation
of the strategy, together with the following:
(1) A description of the efforts of the President to work
with the United Nations to provide support for, and assistance
to, the transitional government in Iraq and, in particular, the
efforts of the President to negotiate and secure adoption by
the United Nations Security Council of Resolution 1546.
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118 STAT. 2082
PUBLIC LAW 108–375—OCT. 28, 2004
(2) A description of the efforts of the President to continue
to work with North Atlantic Treaty Organization (NATO)
member states and non-NATO member states to provide sup-
port for and augment coalition forces, including—
(A) the current military forces of coalition countries
deployed to Iraq;
(B) the current police forces of coalition countries
deployed to Iraq;
(C) the current financial resources of coalition countries
pledged and provided for the stabilization and reconstruc-
tion of Iraq; and
(D) a list of countries that have pledged to deploy
military or police forces, including the schedule and level
of such deployments.
(3) The strategic plan referred to in subsection (b) relating
to Iraqi security forces.
(4) A description of the efforts of the United States and
coalition forces to assist in the reconstruction of essential infra-
structure of Iraq, including the oil industry, electricity genera-
tion, roads, schools, and hospitals.
(5) A description of the efforts of the United States, coalition
partners, and relevant international agencies to assist in the
development of political institutions and prepare for democratic
elections in Iraq.
(6) A description of the obstacles, including financial, tech-
nical, logistic, personnel, political, and other obstacles, faced
by NATO in generating and deploying military forces out of
theater to locations such as Iraq.
(b) IRAQI SECURITY FORCES.—The President shall include in
the report under subsection (a) a strategic plan setting forth the
manner in which the coaltion will achieve the goal of establishing
viable and professional Iraqi security forces able to provide for
the long-term security of the Iraqi people. That strategic plan
shall include at least the following:
(1) Recruiting and retention goals, shown for each service
of the Iraqi security forces.
(2) Training plans for each service of the Iraqi security
forces.
(3) A description of metrics by which progress toward the
goal of Iraqi provision for its own security can be measured.
(4) A description of equipment needs, shown for each service
of the Iraqi security forces.
(5) A resourcing plan for achieving the goals of the strategic
plan.
(6) Personnel plans in terms of United States military
and contractor personnel to be used in training each such
service.
(7) A description of challenges faced and opportunities pre-
sented in particular regions of Iraq and a plan for addressing
those challenges.
(8) A discussion of training and deployment successes and
failures to the date of the report and how lessons from those
successes and failures will be incorporated into the strategic
plan.
(c) QUARTERLY REPORTS.—Not later than 30 days after the
end of each quarter of calendar year 2005, the Secretary of Defense
shall submit to the Congress a report on the actions taken under
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118 STAT. 2083
PUBLIC LAW 108–375—OCT. 28, 2004
the strategic plan set forth pursuant to subsection (b) since the
date of the enactment of this Act. Each such report shall be prepared
in conjunction with the Secretary of State.
SEC. 1205. GUIDANCE ON CONTRACTORS SUPPORTING DEPLOYED
FORCES IN IRAQ.
(a) GUIDANCE.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance
on how the Department of Defense shall manage contractor per-
sonnel who support deployed forces and shall direct the Secretaries
of the military departments to develop procedures to ensure
implementation of that guidance. The guidance shall—
(1) establish policies for the use of contractors to support
deployed forces;
(2) delineate the roles and responsibilities of commanders
regarding the management and oversight of contractor per-
sonnel who support deployed forces; and
(3) integrate into a single document other guidance and
doctrine that may affect Department of Defense responsibilities
to contractors in locations where members of the Armed Forces
are deployed.
(b) ISSUES TO BE ADDRESSED.—The guidance issued under sub-
section (a) shall address at least the following matters:
(1) Warning contractor security personnel of potentially
hazardous situations.
(2) Coordinating the movement of contractor security per-
sonnel, especially through areas of increased risk or planned
or ongoing military operations.
(3) Rapidly identifying contractor security personnel by
members of the Armed Forces.
(4) Sharing relevant threat information with contractor
security personnel and receiving information gathered by con-
tractor security personnel for use by United States and coalition
forces.
(5) Providing appropriate assistance to contractor personnel
who become engaged in hostile situations.
(6) Providing medical assistance for, and evacuation of,
contractor personnel who become casualties as a result of enemy
actions.
(7) Investigating background and qualifications of con-
tractor security personnel and organizations.
(8) Establishing rules of engagement for armed contractor
security personnel, and ensuring proper training and compli-
ance with the rules of engagement.
(9) Establishing categories of security, intelligence, law
enforcement, and criminal justice functions that are—
(A) inherently governmental functions under Subpart
7.5 of the Federal Acquisition Regulation; or
(B) although not inherently governmental functions,
should not ordinarily be performed by contractors in areas
of operations.
(10) Establishing procedures for making and documenting
determinations about which security, intelligence, law enforce-
ment, and criminal justice functions will be performed by mili-
tary personnel and which will be performed by private compa-
nies.
Deadline.
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118 STAT. 2084
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(c) REPORT.—Not later than 30 days after issuing the guidance
required under subsection (a), the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the guidance issued under subsection
(a).
SEC. 1206. REPORT ON CONTRACTORS SUPPORTING DEPLOYED
FORCES AND RECONSTRUCTION EFFORTS IN IRAQ.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
on contractors supporting deployed forces and reconstruction efforts
in Iraq.
(b) MATTERS TO BE INCLUDED.—The report required by sub-
section (a) shall include, at a minimum, the following matters
with respect to contractors, and employees of contractors, described
in subsection (a):
(1) A description of the overall chain of command and
oversight mechanisms that are in place to ensure adequate
command and supervision of such contractor employees in crit-
ical security roles.
(2) A description of sanctions that are available to be
imposed on such a contractor employee who—
(A) fails to comply with a requirement of law or regula-
tion that applies to such employee; or
(B) engages in other misconduct.
(3) A description of disciplinary and criminal actions
brought against contractor employees during the period begin-
ning on May 1, 2003, and ending on the date of the enactment
of this Act.
(4) An explanation of the legal status of contractor
employees engaged in the performance of security functions
in Iraq after the transfer of sovereign power to Iraq on June
28, 2004.
(5) A specification of casualty and fatality figures for con-
tractor employees supporting deployed forces and reconstruction
efforts in Iraq, shown, to the extent practicable, in the following
categories:
(A) Total casualties and total fatalities.
(B) Casualties and fatalities among—
(i) nationals of the United States;
(ii) nationals of Iraq; and
(iii) nationals of states other than the United
States and Iraq.
(6) A description, to the maximum extent practicable, of
incidents in which contractor employees supporting deployed
forces and reconstruction efforts in Iraq have been engaged
in hostile fire or other incidents of note during the period
beginning on May 1, 2003, and ending on the date of the
enactment of this Act.
(c) PLANS.—The Secretary shall include with the report under
subsection (a) the following plans:
(1) A plan for establishing and implementing a process
for collecting data on individual contractors, the value of the
contracts, the number of casualties incurred, and the number
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118 STAT. 2085
PUBLIC LAW 108–375—OCT. 28, 2004
of personnel in Iraq performing the following services for the
Department of Defense and other Federal agencies:
(A) Personal security details.
(B) Nonmilitary site security.
(C) Nonmilitary convoy security.
(D) Interrogation services at interrogation centers oper-
ated by the Department of Defense.
(2) A plan for ensuring that military commanders in the
theater of operations have accurate information on the number,
types, and sources of weapons and other critical equipment
(such as body armor, armored vehicles, secure communications
and friend-foe identification) that contractor personnel per-
forming services specified in paragraph (1) are authorized to
possess.
(d) COORDINATION.—In the preparation of the report under
this section (including the plans under subsection (c)), the Secretary
of Defense shall coordinate, as appropriate, with the head of any
Federal agency that is involved in the procurement of services
from contractors supporting deployed forces and reconstruction
efforts in Iraq. The head of any such agency shall provide to
the Secretary of Defense such information as the Secretary may
require about such contractors to complete the report.
SEC. 1207. UNITED NATIONS OIL-FOR-FOOD PROGRAM.
(a) ACCESS TO DOCUMENTS.—It is the sense of Congress that
the Secretary of State should seek to conclude a memorandum
of understanding with the Interim Government of Iraq to ensure
that the United States will have access to all documents in the
possession of that Government related to the United Nations Oil-
for-Food Program.
(b) INFORMATION FROM THE UNITED NATIONS.—(1) The Sec-
retary of State shall use the voice and vote of the United States
in the United Nations to urge the Secretary General of the United
Nations to provide to the United States copies of all audits and
core documents related to the United Nations Oil-for-Food Program,
including all audits, examinations, studies, reviews, or similar docu-
ments prepared by the United Nations Office of Internal Oversight
Services and all responses to such documents.
(2) It is the sense of Congress that, pursuant to section 941(b)(6)
of the United Nations Reform Act of 1999 (title IX of division
A of H.R. 3427 of the 106th Congress, as enacted into law by
section 1000(a)(7) of Public Law 106–113; 113 Stat. 1501A–483),
the Comptroller General should have full and complete access to
financial information relating to the United Nations, including
information related to the financial transactions, organization, and
activities of the United Nations Oil-for-Food Program.
(3) The Secretary of State shall facilitate access by the Comp-
troller General to the financial information described in paragraph
(2).
(c) COOPERATION IN INVESTIGATIONS.—The head of any Execu-
tive agency (including the Secretary of State, the Secretary of
Defense, the Secretary of the Treasury, and the Director of the
Central Intelligence Agency) shall, upon a request in connection
with an investigation of the United Nations Oil-for-Food Program
made by a committee of jurisdiction of the Senate or House of
Representatives, promptly provide to the chairman of that
committee—
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(1) access to any information or document described in
subsection (a) or (b) that is under the control of such agency
and responsive to the request; and
(2) cooperation in gaining access to information and docu-
ments described in subsections (a) and (b) that are not under
the control of such agency, as appropriate.
(d) REVIEW OF OIL-FOR-FOOD PROGRAM BY COMPTROLLER GEN-
ERAL.—(1) The Comptroller General shall conduct a review of the
United Nations Oil-for-Food Program, including the role of the
United States in that program. The review—
(A) in accordance with generally accepted government
auditing standards, should not interfere with any ongoing
criminal investigation or inquiry related to that program; and
(B) may take into account the results of any investigation
or inquiry related to that program.
(2) The head of each Executive agency shall fully cooperate
with the review of the Comptroller General under paragraph (1).
(e) EXECUTIVE AGENCY DEFINED.—In this section, the term
‘‘Executive agency’’ has the meaning given that term in section
105 of title 5, United States Code.
SEC. 1208 SUPPORT OF MILITARY OPERATIONS TO COMBAT TER-
RORISM.
(a) AUTHORITY.—The Secretary of Defense may expend up to
$25,000,000 during any fiscal year during which this subsection
is in effect to provide support to foreign forces, irregular forces,
groups, or individuals engaged in supporting or facilitating ongoing
military operations by United States special operations forces to
combat terrorism.
(b) PROCEDURES.—The Secretary of Defense shall establish
procedures for the exercise of the authority under subsection (a).
The Secretary shall notify the congressional defense committees
of those procedures before any exercise of that authority.
(c) NOTIFICATION.—Upon using the authority provided in sub-
section (a) to make funds available for support of an approved
military operation, the Secretary of Defense shall notify the congres-
sional defense committees expeditiously, and in any event in not
less than 48 hours, of the use of such authority with respect
to that operation. Such a notification need be provided only once
with respect to any such operation. Any such notification shall
be in writing.
(d) LIMITATION ON DELEGATION.—The authority of the Secretary
of Defense to make funds available under subsection (a) for support
of a military operation may not be delegated.
(e) INTELLIGENCE ACTIVITIES.—This section does not constitute
authority to conduct a covert action, as such term is defined in
section 503(e) of the National Security Act of 1947 (50 U.S.C.
413b(e)).
(f) ANNUAL REPORT.—Not later than 30 days after the close
of each fiscal year during which subsection (a) is in effect, the
Secretary of Defense shall submit to the congressional defense
committees a report on support provided under that subsection
during that fiscal year. Each such report shall describe the support
provided, including a statement of the recipient of the support
and the amount obligated to provide the support.
(g) FISCAL YEAR 2005 LIMITATION.—Support may be provided
under subsection (a) during fiscal year 2005 only from funds made
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available for operations and maintenance pursuant to title XV
of this Act.
(h) PERIOD
OF AUTHORITY.—The authority under subsection
(a) is in effect during each of fiscal years 2005 through 2007.
Subtitle B—Counterproliferation Matters
SEC. 1211. DEFENSE INTERNATIONAL COUNTERPROLIFERATION PRO-
GRAMS.
(a) INTERNATIONAL SECURITY PROGRAM TO PREVENT UNAUTHOR-
IZED TRANSFER AND TRANSPORTATION OF WMDS.—Subsection (b)
of section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) is amended to read as follows:
‘‘(b) OTHER COUNTRIES.—The Secretary of Defense may carry
out programs under subsection (a) in a country other than a country
specified in that subsection if the Secretary determines that there
exists in that country a significant threat of the unauthorized
transfer and transportation of nuclear, biological, or chemical
weapons or related materials.’’.
(b) INTERNATIONAL TRAINING PROGRAM TO DETER WMD PRO-
LIFERATION.—Section 
1504(e)(3)(A) 
of 
the 
National 
Defense
Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108
Stat. 2918) is amended—
(1) by striking ‘‘The training program referred to in para-
graph (1)(B) is a’’ and inserting ‘The Secretary of Defense
may participate in a’’;
(2) by inserting ‘‘of’’ after ‘‘acquisition’’;
(3) by striking ‘‘and’’ after ‘‘countries,’’; and
(4) by inserting before the period at the end the following:
‘‘, and in other countries in which, as determined by the Sec-
retary of Defense, there exists a significant threat of such
proliferation and acquisition’’.
SEC. 1212. POLICY AND SENSE OF CONGRESS ON NONPROLIFERATION
OF BALLISTIC MISSILES.
(a) FINDINGS.—Congress makes the following findings:
(1) Certain countries are seeking to acquire ballistic mis-
siles and related technologies that could be used to attack
the United States or place at risk United States interests,
deployed members of the Armed Forces, and allies of the United
States and other friendly foreign countries.
(2) Certain countries continue to actively transfer or sell
ballistic missile technologies in contravention of standards of
behavior established by the United States and allies of the
United States and other friendly foreign countries.
(3) The spread of ballistic missiles and related technologies
worldwide has been slowed by a combination of national and
international export controls, forward-looking diplomacy, and
multilateral interdiction activities to restrict the development
and transfer of such missiles and technologies.
(b) POLICY.—It is the policy of the United States to develop,
support, and strengthen international accords and other cooperative
efforts to curtail the proliferation of ballistic missiles and related
technologies which could threaten the territory of the United States,
allies of the United States and other friendly foreign countries,
22 USC 2797
note.
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and deployed members of the Armed Forces of the United States
with weapons of mass destruction.
(c) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States should vigorously pursue foreign
policy initiatives aimed at eliminating, reducing, or retarding
the proliferation of ballistic missiles and related technologies;
and
(2) the United States and the international community
should continue to support and strengthen established inter-
national accords and other cooperative efforts, including United
Nations Security Council Resolution 1540 (April 28, 2004) and
the Missile Technology Control Regime, that are designed to
eliminate, reduce, or retard the proliferation of ballistic missiles
and related technologies.
SEC. 1213. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP
AGAINST THE SPREAD OF WEAPONS OF MASS DESTRUC-
TION.
(a) COMMENDATION OF PRESIDENT.—Congress commends the
President for the steps taken at the G–8 summit at Sea Island,
Georgia, on June 8–10, 2004—
(1) to demonstrate continued support for the Global Part-
nership against the Spread of Nuclear Weapons and Materials
of Mass Destruction; and
(2) to expand the Partnership (A) by welcoming new mem-
bers, and (B) by using the Partnership to coordinate non-
proliferation projects in Libya, Iraq, and other countries.
(b) FUTURE ACTIONS.—It is the sense of Congress that the
President should seek to—
(1) expand the membership of donor nations to the Global
Partnership against the Spread of Nuclear Weapons and Mate-
rials of Mass Destruction;
(2) ensure that the Russian Federation remains the pri-
mary focus of the Partnership, but also seek to fund, through
the Partnership, efforts in other countries that need assistance
to secure or dismantle their own potentially vulnerable weapons
or materials;
(3) develop for the Partnership clear program goals;
(4) develop for the Partnership transparent project
prioritization and planning;
(5) develop for the Partnership project implementation
milestones under periodic review;
(6) develop under the Partnership agreements between
partners for project implementation; and
(7) give high priority and senior-level attention to resolving
disagreements on site access and worker liability under the
Partnership.
SEC. 1214. REPORT ON COLLABORATIVE MEASURES TO REDUCE THE
RISKS OF A LAUNCH OF RUSSIAN NUCLEAR WEAPONS.
Not later than November 1, 2005, the Secretary of Defense
shall submit to Congress a report on collaborative measures between
the United States and the Russian Federation to reduce the risks
of a launch of a nuclear-armed ballistic missile as a result of
accident, misinformation, miscalculation, or unauthorized use. The
report shall provide—
(1) a description and assessment of the collaborative meas-
ures that are currently in effect;
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(2) a description and assessment of other collaborative
measures that could be pursued in the future;
(3) an assessment of the potential contributions of such
collaborative measures to the national security of the United
States;
(4) an assessment of the effect of such collaborative meas-
ures on relations between the United States and the Russian
Federation;
(5) a description of the obstacles and opportunities associ-
ated with pursuing such collaborative measures; and
(6) an assessment of the future of the Joint Data Exchange
Center.
Subtitle C—Other Matters
SEC. 1221. AUTHORITY FOR HUMANITARIAN ASSISTANCE FOR THE
DETECTION AND CLEARANCE OF LANDMINES EXTENDED
TO INCLUDE OTHER EXPLOSIVE REMNANTS OF WAR.
(a) EXTENSION OF AUTHORITY.—Subsection (e)(5) of section 401
of title 10, United States Code, is amended by inserting ‘‘and
other explosive remnants of war’’ after ‘‘landmines’’ both places
it appears.
(b) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) in subsection (a)(4)(A), by inserting ‘‘or other explosive
remnants of war’’ after ‘‘landmines’’; and
(2) in subsection (c)(2)(B), by striking ‘‘landmine clearing
equipment or supplies’’ and inserting ‘‘equipment or supplies
for clearing landmines or other explosive remnants of war’’.
SEC. 1222. EXPANSION OF ENTITIES OF THE PEOPLE’S REPUBLIC OF
CHINA SUBJECT TO CERTAIN PRESIDENTIAL AUTHORI-
TIES WHEN OPERATING IN THE UNITED STATES.
Section 1237(b)(4)(B)(i) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701
note) is amended—
(1) by inserting ‘‘, or affiliated with,’’ after ‘‘or controlled
by’’; and
(2) by inserting after ‘‘the People’s Liberation Army’’ the
following: ‘‘or a ministry of the government of the People’s
Republic of China or that is owned or controlled by an entity
affiliated with the defense industrial base of the People’s
Republic of China’’.
SEC. 1223. ASSIGNMENT OF NATO NAVAL PERSONNEL TO SUBMARINE
SAFETY PROGRAMS.
(a) IN GENERAL.—Chapter 631 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 7234. Submarine safety programs: participation of NATO
naval personnel
‘‘(a) ACCEPTANCE
OF ASSIGNMENT
OF FOREIGN NAVAL PER-
SONNEL.—In order to facilitate the development, standardization,
and interoperability of submarine vessel safety and rescue systems
and procedures, the Secretary of the Navy may conduct a program
under which members of the naval service of any of the member
nations of the North Atlantic Treaty Organization may be assigned
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118 STAT. 2090
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to United States commands to work on such systems and proce-
dures.
‘‘(b) RECIPROCITY NOT REQUIRED.—The authority under sub-
section (a) is not an exchange program. Reciprocal assignments
of members of the Navy to the naval service of a foreign country
is not a condition for the exercise of such authority.
‘‘(c) COSTS FOR FOREIGN PERSONNEL.—(1) The United States
may not pay the following costs for a member of a foreign naval
service sent to the United States under the program authorized
by this section:
‘‘(A) Salary.
‘‘(B) Per diem.
‘‘(C) Cost of living.
‘‘(D) Travel costs.
‘‘(E) Cost of language or other training.
‘‘(F) Other costs.
‘‘(2) Paragraph (1) does not apply to the following costs, which
may be paid by the United States:
‘‘(A) The cost of temporary duty directed by the Secretary
of the Navy or an officer of the Navy authorized to do so.
‘‘(B) The cost of training programs conducted to familiarize,
orient, or certify members of foreign naval services regarding
unique aspects of their assignments.
‘‘(C) Costs incident to the use of the facilities of the Navy
in the performance of assigned duties.
‘‘(d) RELATIONSHIP TO OTHER AUTHORITY.—The provisions of
this section shall apply in the exercise of any authority of the
Secretary of the Navy to enter into an agreement with the govern-
ment of a foreign country, subject to the concurrence of the Sec-
retary of State, to provide for the assignment of members of the
naval service of the foreign country to a Navy submarine safety
program. The Secretary of the Navy may prescribe regulations
for the application of this section in the exercise of such authority.
‘‘(e) TERMINATION OF AUTHORITY.—The Secretary of the Navy
may not accept the assignment of a member of the naval service
of a foreign country under this section after September 30, 2008.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘7234. Submarine safety programs: participation of NATO naval personnel.’’.
SEC. 1224. AVAILABILITY OF WARSAW INITIATIVE FUNDS FOR NEW
NATO MEMBERS.
(a) AVAILABILITY OF FUNDS.—Of the amount authorized to be
appropriated by section 301(5) for operation and maintenance,
defense-wide activities, and available for the Defense Security
Cooperation Agency for the Warsaw Initiative Funds (WIF),
$4,000,000 may be available only in fiscal year 2005 for the partici-
pation of the North Atlantic Treaty Organization (NATO) members
set forth in subsection (b) in the exercises and programs of the
Partnership for Peace program of the North Atlantic Treaty
Organization.
(b) NATO MEMBERS.—The North Atlantic Treaty Organization
members set forth in this subsection are as follows:
(1) Bulgaria.
(2) Estonia.
(3) Latvia.
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118 STAT. 2091
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(4) Lithuania.
(5) Romania.
(6) Slovakia.
(7) Slovenia.
SEC. 1225. BILATERAL EXCHANGES AND TRADE IN DEFENSE ARTICLES
AND DEFENSE SERVICES BETWEEN THE UNITED STATES
AND THE UNITED KINGDOM AND AUSTRALIA.
(a) POLICY.—It is the policy of Congress that bilateral exchanges
and trade in defense articles and defense services between the
United States and the United Kingdom and Australia are in the
national security interest of the United States and that such
exchanges and trade should be subjected to accelerated review
and processing consistent with national security and the require-
ments of the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(b) REQUIREMENT.—The Secretary of State shall ensure that
any license application submitted for the export of defense articles
or defense services to Australia or the United Kingdom is expedi-
tiously processed by the Department of State, in consultation with
the Department of Defense, without referral to any other Federal
department or agency, except where the item is classified or excep-
tional circumstances apply.
(c) REGULATIONS.—The President shall ensure that regulations
are prescribed to implement this section.
SEC. 1226. STUDY ON MISSILE DEFENSE COOPERATION.
(a) REQUIREMENT FOR STUDY.—The Secretary of Defense, in
consultation with the Secretary of State, shall carry out a study
to determine the advisability of authorizing or requiring—
(1) the Secretary of State to establish procedures for consid-
ering technical assistance agreements and related amendments
and munitions license applications for the export of defense
items related to missile defense not later than 30 days after
receiving such agreements, amendments, and munitions license
applications, except in cases in which the Secretary of State
determines that additional time is required to complete a review
of a technical assistance agreement or related amendment or
a munitions license application for foreign policy or national
security reasons, including concerns regarding the proliferation
of ballistic missile technology; and
(2) the Secretary of Defense to establish procedures to
increase the efficiency and transparency of the practices used
by the Department of Defense to review technical assistance
agreements and related amendments and munitions license
applications related to international cooperation on missile
defense that are referred to the Department.
(b) FEASIBILITY
OF REQUIRING COMPREHENSIVE AUTHORIZA-
TIONS
FOR MISSILE DEFENSE.—In carrying out the study under
subsection (a), the Secretary of Defense, in consultation with the
Secretary of State, shall examine the feasibility of providing major
project authorizations for programs related to missile defense
similar to the comprehensive export authorization specified in sec-
tion 126.14 of the International Traffic in Arms Regulations (section
126.14 of title 22, Code of Federal Regulations).
(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretary of State, submit to the Committee on Armed
Services and the Committee on Foreign Relations of the Senate
President.
22 USC 2751
note.
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118 STAT. 2092
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and the Committee on Armed Services and the Committee on Inter-
national Relations of the House of Representatives a report on
the results of the study under subsection (a). The report shall
include—
(1) the determinations resulting from the study, including
a determination on the feasibility of providing the major project
authorization for projects related to missile defense described
in subsection (b); and
(2) a discussion of the justification for each such determina-
tion.
(d) DEFINITION OF DEFENSE ITEMS.—In this section, the term
‘‘defense items’’ has the meaning given that term in section
38(j)(4)(A) of the Arms Export Control Act (22 U.S.C. 2778(j)(4)(A)).
TITLE XIII—COOPERATIVE THREAT RE-
DUCTION 
WITH 
STATES 
OF 
THE
FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Temporary authority to waive limitation on funding for chemical weap-
ons destruction facility in Russia.
Sec. 1304. Inclusion of descriptive summaries in annual Cooperative Threat Reduc-
tion reports and budget justification materials.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section
301 and other provisions of this Act, Cooperative Threat Reduction
programs are the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2005 COOPERATIVE THREAT REDUCTION FUNDS
DEFINED.—As used in this title, the term ‘‘fiscal year 2005 Coopera-
tive Threat Reduction funds’’ means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs.
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to
the authorization of appropriations in section 301 for Cooperative
Threat Reduction programs shall be available for obligation for
three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the $409,200,000
authorized to be appropriated to the Department of Defense for
fiscal year 2005 in section 301(19) for Cooperative Threat Reduction
programs, the following amounts may be obligated for the purposes
specified:
(1) For strategic offensive arms elimination in Russia,
$58,522,000.
(2) For nuclear weapons storage security in Russia,
$48,672,000.
(3) For nuclear weapons transportation security in Russia,
$26,300,000.
(4) For weapons of mass destruction proliferation preven-
tion in the states of the former Soviet Union, $40,030,000.
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118 STAT. 2093
PUBLIC LAW 108–375—OCT. 28, 2004
(5) 
For 
chemical 
weapons 
destruction 
in 
Russia,
$158,400,000.
(6) For biological weapons proliferation prevention in the
former Soviet Union, $54,959,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $14,317,000.
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR
OTHER PURPOSES.—No fiscal year 2005 Cooperative Threat Reduc-
tion funds may be obligated or expended for a purpose other than
a purpose listed in paragraphs (1) through (8) of subsection (a)
until 30 days after the date that the Secretary of Defense submits
to Congress a report on the purpose for which the funds will
be obligated or expended and the amount of funds to be obligated
or expended. Nothing in the preceding sentence shall be construed
as authorizing the obligation or expenditure of fiscal year 2005
Cooperative Threat Reduction funds for a purpose for which the
obligation or expenditure of such funds is specifically prohibited
under this title or any other provision of law.
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1)
Subject to paragraphs (2) and (3), in any case in which the Secretary
of Defense determines that it is necessary to do so in the national
interest, the Secretary may obligate amounts appropriated for fiscal
year 2005 for a purpose listed in any of the paragraphs in subsection
(a) in excess of the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount author-
ized for such purpose may be made using the authority provided
in paragraph (1) only after—
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the notifica-
tion.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (8) of subsection (a) in excess of 125 percent
of the specific amount authorized for such purpose.
SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON
FUNDING 
FOR 
CHEMICAL 
WEAPONS 
DESTRUCTION
FACILITY IN RUSSIA.
(a) TEMPORARY AUTHORITY.—Section 1305 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106–
65; 22 U.S.C. 5952 note) shall not apply for a calendar year for
which the President submits to Congress a written certification
that includes—
(1) a statement as to why a waiver of the conditions
described in such section 1305 is important to the national
security interests of the United States;
(2) a full and complete justification for the waiver of the
conditions; and
(3) a plan to promote a full and accurate disclosure by
Russia regarding the size, content, status, and location of its
chemical weapons stockpile.
22 USC 5952
note.
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118 STAT. 2094
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(b) EXPIRATION.—The authority in subsection (a) shall expire
on December 31, 2006, and no waiver shall remain in effect after
that date.
SEC. 1304. INCLUSION OF DESCRIPTIVE SUMMARIES IN ANNUAL
COOPERATIVE 
THREAT 
REDUCTION 
REPORTS 
AND
BUDGET JUSTIFICATION MATERIALS.
Section 1307 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112
Stat. 2165; 22 U.S.C. 5952 note) is amended—
(1) in subsection (a), by striking ‘‘as part of the Secretary’s
annual budget request to Congress’’ in the matter preceding
paragraph (1) and inserting ‘‘in the materials and manner
specified in subsection (c)’’; and
(2) by adding at the end the following new subsection:
‘‘(c) INCLUSION
IN CERTAIN MATERIALS SUBMITTED
TO CON-
GRESS.—The summary required to be submitted to Congress in
a fiscal year under subsection (a) shall be set forth by project
category, and by amounts specified in paragraphs (1) and (2) of
that subsection in connection with such project category, in each
of the following:
‘‘(1) The annual report on activities and assistance under
Cooperative Threat Reduction programs required in such fiscal
year under section 1308 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398).
‘‘(2) The budget justification materials submitted to Con-
gress in support of the Department of Defense budget for the
fiscal year succeeding such fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code).’’.
TITLE XIV—SUNKEN MILITARY CRAFT
Sec. 1401. Preservation of title to sunken military craft and associated contents.
Sec. 1402. Prohibitions.
Sec. 1403. Permits.
Sec. 1404. Penalties.
Sec. 1405. Liability for damages.
Sec. 1406. Relationship to other laws.
Sec. 1407. Encouragement of agreements with foreign countries.
Sec. 1408. Definitions.
SEC. 1401. PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT
AND ASSOCIATED CONTENTS.
Right, title, and interest of the United States in and to any
United States sunken military craft—
(1) shall not be extinguished except by an express divesti-
ture of title by the United States; and
(2) shall not be extinguished by the passage of time, regard-
less of when the sunken military craft sank.
SEC. 1402. PROHIBITIONS.
(a) UNAUTHORIZED ACTIVITIES DIRECTED AT SUNKEN MILITARY
CRAFT.—No person shall engage in or attempt to engage in any
activity directed at a sunken military craft that disturbs, removes,
or injures any sunken military craft, except—
(1) as authorized by a permit under this title;
10 USC 113 note.
10 USC 113 note.
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118 STAT. 2095
PUBLIC LAW 108–375—OCT. 28, 2004
(2) as authorized by regulations issued under this title;
or
(3) as otherwise authorized by law.
(b) POSSESSION OF SUNKEN MILITARY CRAFT.—No person may
possess, disturb, remove, or injure any sunken military craft in
violation of—
(1) this section; or
(2) any prohibition, rule, regulation, ordinance, or permit
that applies under any other applicable law.
(c) LIMITATIONS ON APPLICATION.—
(1) ACTIONS
BY
UNITED
STATES.—This section shall not
apply to actions taken by, or at the direction of, the United
States.
(2) FOREIGN PERSONS.—This section shall not apply to any
action by a person who is not a citizen, national, or resident
alien of the United States, except in accordance with—
(A) generally recognized principles of international law;
(B) an agreement between the United States and the
foreign country of which the person is a citizen; or
(C) in the case of an individual who is a crew member
or other individual on a foreign vessel or foreign aircraft,
an agreement between the United States and the flag
State of the foreign vessel or aircraft that applies to the
individual.
(3) LOAN OF SUNKEN MILITARY CRAFT.—This section does
not prohibit the loan of United States sunken military craft
in accordance with regulations issued by the Secretary con-
cerned.
SEC. 1403. PERMITS.
(a) IN GENERAL.—The Secretary concerned may issue a permit
authorizing a person to engage in an activity otherwise prohibited
by section 1402 with respect to a United States sunken military
craft, for archaeological, historical, or educational purposes, in
accordance with regulations issued by such Secretary that imple-
ment this section.
(b) CONSISTENCY WITH OTHER LAWS.—The Secretary concerned
shall require that any activity carried out under a permit issued
by such Secretary under this section must be consistent with all
requirements and restrictions that apply under any other provision
of Federal law.
(c) CONSULTATION.—In carrying out this section (including the
issuance after the date of the enactment of this Act of regulations
implementing this section), the Secretary concerned shall consult
with the head of each Federal agency having authority under Fed-
eral law with respect to activities directed at sunken military craft
or the locations of such craft.
(d) APPLICATION TO FOREIGN CRAFT.—At the request of any
foreign State, the Secretary of the Navy, in consultation with the
Secretary of State, may carry out this section (including regulations
promulgated pursuant to this section) with respect to any foreign
sunken military craft of that foreign State located in United States
waters.
SEC. 1404. PENALTIES.
(a) IN GENERAL.—Any person who violates this title, or any
regulation or permit issued under this title, shall be liable to
the United States for a civil penalty under this section.
10 USC 113 note.
10 USC 113 note.
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(b) ASSESSMENT AND AMOUNT.—The Secretary concerned may
assess a civil penalty under this section, after notice and an oppor-
tunity for a hearing, of not more than $100,000 for each violation.
(c) CONTINUING VIOLATIONS.—Each day of a continued violation
of this title or a regulation or permit issued under this title shall
constitute a separate violation for purposes of this section.
(d) IN REM LIABILITY.—A vessel used to violate this title shall
be liable in rem for a penalty under this section for such violation.
(e) OTHER RELIEF.—If the Secretary concerned determines that
there is an imminent risk of disturbance of, removal of, or injury
to any sunken military craft, or that there has been actual disturb-
ance of, removal of, or injury to a sunken military craft, the Attorney
General, upon request of the Secretary concerned, may seek such
relief as may be necessary to abate such risk or actual disturbance,
removal, or injury and to return or restore the sunken military
craft. The district courts of the United States shall have jurisdiction
in such a case to order such relief as the public interest and
the equities of the case may require.
(f) LIMITATIONS.—An action to enforce a violation of section
1402 or any regulation or permit issued under this title may not
be brought more than 8 years after the date on which—
(1) all facts material to the right of action are known
or should have been known by the Secretary concerned; and
(2) the defendant is subject to the jurisdiction of the appro-
priate district court of the United States or administrative
forum.
SEC. 1405. LIABILITY FOR DAMAGES.
(a) IN GENERAL.—Any person who engages in an activity in
violation of section 1402 or any regulation or permit issued under
this title that disturbs, removes, or injures any United States
sunken military craft shall pay the United States enforcement
costs and damages resulting from such disturbance, removal, or
injury.
(b) INCLUDED DAMAGES.—Damages referred to in subsection
(a) may include—
(1) the reasonable costs incurred in storage, restoration,
care, maintenance, conservation, and curation of any sunken
military craft that is disturbed, removed, or injured in violation
of section 1402 or any regulation or permit issued under this
title; and
(2) the cost of retrieving, from the site where the sunken
military craft was disturbed, removed, or injured, any informa-
tion of an archaeological, historical, or cultural nature.
SEC. 1406. RELATIONSHIP TO OTHER LAWS.
(a) IN GENERAL.—Except to the extent that an activity is under-
taken as a subterfuge for activities prohibited by this title, nothing
in this title is intended to affect—
(1) any activity that is not directed at a sunken military
craft; or
(2) the traditional high seas freedoms of navigation,
including—
(A) the laying of submarine cables and pipelines;
(B) operation of vessels;
(C) fishing; or
(D) other internationally lawful uses of the sea related
to such freedoms.
10 USC 113 note.
10 USC 113 note.
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(b) INTERNATIONAL LAW.—This title and any regulations imple-
menting this title shall be applied in accordance with generally
recognized principles of international law and in accordance with
the treaties, conventions, and other agreements to which the United
States is a party.
(c) LAW OF FINDS.—The law of finds shall not apply to—
(1) any United States sunken military craft, wherever
located; or
(2) any foreign sunken military craft located in United
States waters.
(d) LAW OF SALVAGE.—No salvage rights or awards shall be
granted with respect to—
(1) any United States sunken military craft without the
express permission of the United States; or
(2) any foreign sunken military craft located in United
States waters without the express permission of the relevant
foreign state.
(e) LAW OF CAPTURE OR PRIZE.—Nothing in this title is intended
to alter the international law of capture or prize with respect
to sunken military craft.
(f) LIMITATION OF LIABILITY.—Nothing in sections 4281 through
4287 and 4289 of the Revised Statutes (46 U.S.C. App. 181 et
seq.) or section 3 of the Act of February 13, 1893 (chapter 105;
27 Stat. 445; 46 U.S.C. App. 192), shall limit the liability of any
person under this section.
(g) AUTHORITIES OF THE COMMANDANT OF THE COAST GUARD.—
Nothing in this title is intended to preclude or limit the application
of any other law enforcement authorities of the Commandant of
the Coast Guard.
(h) PRIOR DELEGATIONS, AUTHORIZATIONS, AND RELATED REGU-
LATIONS.—Nothing in this title shall invalidate any prior delegation,
authorization, or related regulation that is consistent with this
title.
(i) CRIMINAL LAW.—Nothing in this title is intended to prevent
the United States from pursuing criminal sanctions for plundering
of wrecks, larceny of Government property, or violation of any
applicable criminal law.
SEC. 1407. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN COUN-
TRIES.
The Secretary of State, in consultation with the Secretary of
Defense, is encouraged to negotiate and conclude bilateral and
multilateral agreements with foreign countries with regard to
sunken military craft consistent with this title.
SEC. 1408. DEFINITIONS.
In this title:
(1) ASSOCIATED CONTENTS.—The term ‘‘associated contents’’
means—
(A) the equipment, cargo, and contents of a sunken
military craft that are within its debris field; and
(B) the remains and personal effects of the crew and
passengers of a sunken military craft that are within its
debris field.
(2) SECRETARY
CONCERNED.—The term ‘‘Secretary con-
cerned’’ means—
(A) subject to subparagraph (B), the Secretary of a
military department; and
10 USC 113 note.
10 USC 113 note.
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118 STAT. 2098
PUBLIC LAW 108–375—OCT. 28, 2004
(B) in the case of a Coast Guard vessel, the Secretary
of the Department in which the Coast Guard is operating.
(3) SUNKEN MILITARY CRAFT.—The term ‘‘sunken military
craft’’ means all or any portion of—
(A) any sunken warship, naval auxiliary, or other
vessel that was owned or operated by a government on
military noncommercial service when it sank;
(B) any sunken military aircraft or military spacecraft
that was owned or operated by a government when it
sank; and
(C) the associated contents of a craft referred to in
subparagraph (A) or (B),
if title thereto has not been abandoned or transferred by the
government concerned.
(4) UNITED STATES CONTIGUOUS ZONE.—The term ‘‘United
States contiguous zone’’ means the contiguous zone of the
United States under Presidential Proclamation 7219, dated Sep-
tember 2, 1999.
(5) UNITED STATES INTERNAL WATERS.—The term ‘‘United
States internal waters’’ means all waters of the United States
on the landward side of the baseline from which the breadth
of the United States territorial sea is measured.
(6) UNITED STATES TERRITORIAL SEA.—The term ‘‘United
States territorial sea’’ means the waters of the United States
territorial sea under Presidential Proclamation 5928, dated
December 27, 1988.
(7) UNITED
STATES
WATERS.—The term ‘‘United States
waters’’ means United States internal waters, the United States
territorial sea, and the United States contiguous zone.
TITLE 
XV—AUTHORIZATION 
FOR 
IN-
CREASED COSTS DUE TO OPERATION
IRAQI FREEDOM AND OPERATION EN-
DURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Defense-wide activities procurement.
Sec. 1505. Operation and maintenance.
Sec. 1506. Defense working capital funds.
Sec. 1507. Iraq Freedom Fund.
Sec. 1508. Defense health program.
Sec. 1509. Military personnel.
Sec. 1510. Treatment as additional authorizations.
Sec. 1511. Transfer authority.
SEC. 1501. PURPOSE.
The purpose of this title is to authorize emergency appropria-
tions for the Department of Defense for fiscal year 2005 to provide
funds for additional costs due to Operation Iraqi Freedom and
Operation Enduring Freedom. Funds in this title are available
upon the enactment of this Act.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2005 for procurement accounts of the Army in amounts as follows:
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118 STAT. 2099
PUBLIC LAW 108–375—OCT. 28, 2004
(1) For weapons and tracked combat vehicles, $50,000,000.
(2) For ammunition, $110,000,000.
(3) For other procurement, $755,000,000.
(4) 
For 
National 
Guard 
and 
Reserve 
equipment,
$50,000,000.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2005 for the procurement account for the
Marine Corps in the amount of $150,000,000.
(b) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for fiscal year 2005 for the procure-
ment account for ammunition for the Navy and the Marine Corps
in the amount of $30,000,000.
SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2005 for the procurement account for Defense-wide procurement
in the amount of $50,000,000.
SEC. 1505. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year
2005 for the use of the Armed Forces for expenses, not otherwise
provided for, operation and maintenance, in amounts as follows:
(1) For the Army, $13,550,000,000.
(2) For the Navy, $367,000,000.
(3) For the Marine Corps, $1,665,000,000.
(4) For the Air Force, $419,000,000.
(5) For Defense-wide, $404,000,000.
SEC. 1506. DEFENSE WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
2005 for Defense Working Capital Program in the amount of
$1,478,000,000.
SEC. 1507. IRAQ FREEDOM FUND.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal year 2005 for the account of the Iraq Freedom
Fund in amount of $3,892,000,000, to remain available for transfer
to other accounts in this title until September 30, 2006. Amounts
of authorization so transferred shall be merged with and be made
available for the same purposes as the authorization to which
transferred. Of the amounts provided in this section $1,800,000,000
shall only be used for classified programs.
(b) NOTICE TO CONGRESS.—A transfer may be made from the
Iraq Freedom Fund only after the Secretary of Defense notifies
the congressional defense committees with respect to the proposed
transfer in writing not less than five days before the transfer
is made.
SEC. 1508. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2005 for expenses, not otherwise
provided for, the Defense Health Program, in the amount of
$780,000,000, for Operation and Maintenance.
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118 STAT. 2100
PUBLIC LAW 108–375—OCT. 28, 2004
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’’.
Military
Construction
Authorization
Act for Fiscal
Year 2005.
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118 STAT. 2101
PUBLIC LAW 108–375—OCT. 28, 2004
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 2003 project.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army 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:
Army: Inside the United States
State
Installation or Location
Amount
Alabama ........................
Anniston Army Depot ........................
$23,690,000
Fort Rucker ........................................
$16,000,000
Alaska ............................
Fort Richardson .................................
$24,300,000
Fort Wainwright ................................
$92,459,000
Arizona ..........................
Fort Huachuca ...................................
$18,000,000
California ......................
Fort Irwin ...........................................
$38,100,000
Sierra Army Depot ............................
$12,600,000
Colorado ........................
Fort Carson ........................................
$59,508,000
Florida ...........................
Camp Rudder .....................................
$1,850,000
Georgia ..........................
Fort Benning ......................................
$71,777,000
Fort Gillem .........................................
$5,800,000
Fort McPherson .................................
$4,900,000
Fort Stewart/Hunter Army Air Field
$65,495,000
Hawaii ...........................
Helemano Military Reservation .......
$75,300,000
Hickam Air Force Base .....................
$11,200,000
Schofield Barracks .............................
$249,792,000
Kansas ...........................
Fort Riley ...........................................
$59,550,000
Kentucky .......................
Fort Campbell ....................................
$89,600,000
Fort Knox ...........................................
$75,750,000
Louisiana .......................
Fort Polk ............................................
$70,953,000
Maryland .......................
Aberdeen Proving Ground ................
$13,000,000
Fort Detrick .......................................
$4,000,000
Missouri .........................
Fort Leonard Wood ............................
$31,850,000
New Jersey ....................
Picatinny Arsenal ..............................
$9,900,000
New Mexico ...................
White Sands Missile Range ..............
$33,000,000
New York ......................
Fort Drum ..........................................
$13,650,000
Fort Hamilton ....................................
$7,600,000
Hancock Field ....................................
$6,000,000
Military Entrance Processing Sta-
tion, Buffalo ....................................
$6,200,000
United States Military Academy,
West Point ......................................
$60,000,000
North Carolina ..............
Fort Bragg ..........................................
$111,687,000
Oklahoma ......................
Fort Sill ..............................................
$17,800,000
Pennsylvania .................
Letterkenny Depot .............................
$5,400,000
Texas .............................
Fort Bliss ............................................
$19,400,000
Fort Hood ...........................................
$85,188,000
Fort Sam Houston .............................
$11,400,000
Virginia .........................
Fort A.P. Hill .....................................
$10,775,000
Fort Lee ..............................................
$4,250,000
Fort Myer ...........................................
$49,526,000
Washington ...................
Fort Lewis ..........................................
$56,200,000
Total ............................................
$1,623,450,000
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118 STAT. 2102
PUBLIC LAW 108–375—OCT. 28, 2004
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army 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:
Army: Outside the United States
Country
Installation or Location
Amount
Germany ..........................
Grafenwoehr ........................................
$77,200,000
Italy .................................
Livorno .................................................
$26,000,000
Korea ...............................
Camp Humphreys ...............................
$12,000,000
Total ..............................................
$115,200,000
SEC. 2102. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, for the purposes, and
in the amounts set forth in the following table:
Army: Family Housing
State
Installation or Loca-
tion
Purpose
Amount
Alaska ................
Fort Richardson ...............
92 Units .............
$42,000,000
Fort Wainwright ..............
246 Units ...........
$124,000,000
Arizona ...............
Fort Huachuca .................
205 Units ...........
$41,000,000
Yuma Proving Ground ....
55 Units .............
$14,900,000
Kansas ................
Fort Riley .........................
126 Units ...........
$33,000,000
New Mexico ........
White Sands Missile
Range ............................
156 Units ...........
$31,000,000
Oklahoma ...........
Fort Sill ............................
247 Units ...........
$47,000,000
Virginia ..............
Fort Lee ............................
218 Units ...........
$46,000,000
Fort Monroe .....................
68 Units .............
$16,000,000
Total ..........................
.............................
$394,900,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units
in an amount not to exceed $29,209,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(5)(A), the Secretary of the Army may
improve existing military family housing units in an amount not
to exceed $211,990,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2004, for military construction, land acquisition, and
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118 STAT. 2103
PUBLIC LAW 108–375—OCT. 28, 2004
military family housing functions of the Department of the Army
in the total amount of $3,537,141,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,453,950,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $115,200,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,000,000.
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$151,335,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $636,099,000.
(B) For support of military family housing (including
the functions described in section 2833 of title 10, United
States Code), $926,507,000.
(6) For the construction of phase 2 of a barracks complex,
5th & 16th Street, at Fort Stewart/Hunter Army Air Field,
Georgia, authorized by section 2101(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2004 (division B of Public
Law 108–136; 117 Stat. 1697), $32,950,000.
(7) For the construction of phase 3 of a barracks complex
renewal, Capron Road, at Schofield Barracks, Hawaii, author-
ized by section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (division B of Public Law 107–
107; 115 Stat. 1283), as amended by section 2105 of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108–136; 117 Stat. 1697), $48,000,000.
(8) For the construction of phase 2 of the Lewis & Clark
instructional facility at Fort Leavenworth, Kansas, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107–314;
116 Stat. 2681), $44,000,000.
(9) For the construction of phase 2 of a barracks complex
at Wheeler Sack Army Air Field at Fort Drum, New York,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108–136; 117 Stat. 1697), $48,000,000.
(10) For the construction of phase 2 of a barracks complex,
Bastogne Drive, Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108–136; 117
Stat. 1697), $48,000,000.
(11) For the construction of phase 3 of a maintenance
complex at Fort Sill, Oklahoma, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107–314; 116 Stat. 2681),
$13,100,000.
(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
2101 of this Act may not exceed the sum of the following:
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118 STAT. 2104
PUBLIC LAW 108–375—OCT. 28, 2004
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $41,000,000 (the balance of the amount authorized
under section 2101(a) to upgrade Drum Road, Helemano Mili-
tary Reservation, Hawaii).
(3) $25,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a vehicle maintenance
facility, Schofield Barracks, Hawaii).
(4) $25,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex,
Fort Campbell, Kentucky).
(5) $22,000,000 (the balance of the amount authorized
under section 2101(a) for construction of trainee barracks, Basic
Training Complex 1, Fort Knox, Kentucky).
(6) $25,500,000 (the balance of the amount authorized
under section 2101(a) for construction of a library and learning
facility, United States Military Academy, West Point, New
York).
(7) $31,000,000 (the balance of the amount authorized
under section 2101(a) for a barracks complex renewal project,
Fort Bragg, North Carolina).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (11) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $5,550,000, which represents prior year
savings.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2004 PROJECTS.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECTS.—
The table in section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2004 (division B of Public Law 108–136;
117 Stat. 1697) is amended—
(1) in the item relating to Fort Stewart/Hunter Army Air
Field, Georgia, by striking ‘‘$113,500,000’’ in the amount column
and inserting ‘‘$114,450,000’’;
(2) in the item relating to Fort Drum, New York, by striking
‘‘$130,700,000’’ 
in 
the 
amount 
column 
and 
inserting
‘‘$135,700,000’’; and
(3) by striking the amount identified as the total in the
amount column and inserting ‘‘$1,043,150,000’’.
(b) CONFORMING AMENDMENTS.—Section 2104(b) of that Act
(117 Stat. 1700) is amended—
(1) in paragraph (2), by striking ‘‘$32,000,000’’ and inserting
‘‘$32,950,000’’; and
(2) in paragraph (4), by striking ‘‘$43,000,000’’ and inserting
‘‘$48,000,000’’.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2003 PROJECT.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.—
The table in section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2003 (division B of Public Law 107–314;
116 Stat. 2681), as amended by section 2105(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108–136; 117 Stat. 1700), is further amended—
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(1) in the item relating to Fort Sill, Oklahoma, by striking
‘‘$39,652,000’’ 
in 
the 
amount 
column 
and 
inserting
‘‘$40,752,000’’; and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$1,157,267,000’’.
(b) CONFORMING AMENDMENT.—Section 2104(b)(6) of the Mili-
tary Construction Authorization Act for Fiscal Year 2003 (division
B of Public Law 107–314; 116 Stat. 2684) is amended by striking
‘‘$25,000,000’’ and inserting ‘‘$26,100,000’’.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
State
Installation or Location
Amount
Arizona ............................
Marine Corps Air Station, Yuma .......
$26,670,000
California .........................
Marine Corps Air-Ground Task Force
Training 
Center, 
Twentynine
Palms ................................................
$15,700,000
Marine Corps Air Station, Camp Pen-
dleton ................................................
$11,540,000
Marine Corps Base, Camp Pendleton
$26,915,000
Marine Corps Logistics Base, Bar-
stow ...................................................
$4,930,000
Naval Air Facility, El Centro .............
$54,331,000
Naval Air Station, North Island ........
$10,180,000
Naval Surface Warfare Center, Divi-
sion Corona .......................................
$9,850,000
Recruit Depot San Diego ....................
$8,110,000
Connecticut .....................
Naval Submarine Base, New London
$50,302,000
District of Columbia .......
Naval Observatory, Washington ........
$3,239,000
Florida .............................
Eglin Air Force Base ...........................
$2,060,000
Naval Station, Mayport ......................
$6,200,000
Georgia ............................
Strategic Weapons Facility Atlantic,
Kings Bay .........................................
$16,000,000
Hawaii .............................
Naval Shipyard, Pearl Harbor ...........
$5,100,000
Illinois ..............................
Naval Training Center, Great Lakes
$74,781,000
Indiana ............................
Naval Surface Warfare Center, Crane
$12,600,000
Maine ...............................
Naval Air Station, Brunswick ............
$6,220,000
Maryland .........................
Naval Surface Warfare Center, In-
dian Head .........................................
$23,000,000
North Carolina ................
Marine Corps Air Station, New River
$35,140,000
Marine Corps Base, Camp Lejeune ...
$11,030,000
Navy Outlying Landing Field, Wash-
ington County ...................................
$136,900,000
Nevada .............................
Naval Air Station, Fallon ...................
$4,980,000
Rhode Island ...................
Naval Air Station, Newport ................
$5,490,000
South Carolina ................
Marine Corps Air Station, Beaufort ..
$5,480,000
Naval Weapons Station, Charleston ..
$12,209,000
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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:
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PUBLIC LAW 108–375—OCT. 28, 2004
Navy: Family Housing
State
Installation
Purpose
Amount
North Carolina ..
Marine Corps Air Station,
Cherry Point .................
198 Units ...........
$27,002,000
Total ..........................
.............................
$27,002,000
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(6)(A), the Secretary of the Navy may
improve existing military family housing units in an amount not
to exceed $112,105,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2004, for military construction, land acquisition, and
military family housing functions of the Department of the Navy
in the total amount of $1,897,245,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $712,927,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $94,950,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2201(c), $40,000,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$87,067,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $139,107,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $696,304,000.
(7) For the construction of increment 2 of the tertiary
sewage treatment plant at Marine Corps Base, Camp Pen-
dleton, California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108–136; 117 Stat. 1703), $25,690,000.
(8) For the construction of increment 2 of the general
purpose berthing pier at Naval Weapons Station, Earle, New
Jersey, authorized by section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2004 (division B of Public
Law 108–136; 117 Stat. 1704), $49,200,000.
(9) For the construction of increment 2 of pier 11 replace-
ment at Naval Station, Norfolk, Virginia, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat.
1704), $40,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
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PUBLIC LAW 108–375—OCT. 28, 2004
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
2201 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) $21,000,000 (the balance of the amount authorized
under section 2201(a) for apron and hangar recapitalization,
Naval Air Facility, El Centro, California).
(3) $116,750,000 (the balance of the amount authorized
under section 2201(a) for land acquisition for an outlying
landing field in Washington County, North Carolina).
(4) $34,098,000 (the balance of the amount authorized
under section 2201(a) for construction of a White Side complex,
Marine Corps Air Facility, Quantico, Virginia).
(5) $40,000,000 (the balance of the amount authorized
under section 2201(a) for construction of bachelor enlisted quar-
ters, Naval Station, Bremerton, Washington).
(6) $95,320,000 (the balance of the amount authorized
under section 2201(a) for construction of a limited area proc-
essing and storage complex, Strategic Weapons Facility Pacific,
Bangor, Washington).
(7) $65,982,000 (the balance of the amount authorized
under section 2201(c) for construction of a presidential heli-
copter programs support facility at an unspecified location).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (9) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $5,549,000, which represents prior year
savings.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force 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:
Air Force: Inside the United States
State
Installation or Location
Amount
Alaska ..............................
Elmendorf Air Force Base ..................
$52,057,000
Arizona ............................
Davis-Monthan Air Force Base ..........
$17,029,000
Luke Air Force Base ...........................
$17,900,000
Arkansas .........................
Little Rock Air Force Base .................
$8,931,000
California .........................
Beale Air Force Base ...........................
$10,186,000
Edwards Air Force Base .....................
$9,965,000
Travis Air Force Base .........................
$18,894,000
Colorado ...........................
Buckley Air Force Base .......................
$12,247,000
Delaware .........................
Dover Air Force Base ..........................
$9,500,000
Florida .............................
Tyndall Air Force Base .......................
$27,614,000
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118 STAT. 2109
PUBLIC LAW 108–375—OCT. 28, 2004
Air Force: Inside the United States—Continued
State
Installation or Location
Amount
Patrick Air Force Base ........................
$8,800,000
Georgia ............................
Moody Air Force Base .........................
$9,600,000
Robins Air Force Base .........................
$21,900,000
Hawaii .............................
Hickam Air Force Base .......................
$30,900,000
Maui Site ..............................................
$7,500,000
Louisiana .........................
Barksdale Air Force Base ...................
$13,800,000
Maryland .........................
Andrews Air Force Base .....................
$17,100,000
Mississippi .......................
Columbus Air Force Base ...................
$7,700,000
Missouri ...........................
Whiteman Air Force Base ...................
$7,600,000
Montana ..........................
Malmstrom Air Force Base .................
$5,600,000
Nebraska .........................
Offutt Air Force Base ..........................
$6,221,000
New Mexico .....................
Cannon Air Force Base .......................
$9,500,000
Kirtland Air Force Base ......................
$9,200,000
North Carolina ................
Pope Air Force Base ............................
$15,150,000
North Dakota ..................
Minot Air Force Base ..........................
$8,900,000
Ohio .................................
Wright-Patterson Air Force Base .......
$9,904,000
Oklahoma ........................
Altus Air Force Base ...........................
$7,000,000
Tinker Air Force Base .........................
$8,000,000
South Carolina ................
Shaw Air Force Base ...........................
$7,000,000
South Dakota ..................
Ellsworth Air Force Base ....................
$9,867,000
Tennessee ........................
Arnold Air Force Base .........................
$24,500,000
Texas ................................
Dyess Air Force Base ..........................
$14,300,000
Lackland Air Force Base ....................
$2,596,000
Laughlin Air Force Base .....................
$6,900,000
Sheppard Air Force Base ....................
$50,284,000
Utah .................................
Hill Air Force Base ..............................
$25,713,000
Wyoming ..........................
F.E. Warren Air Force Base ...............
$5,500,000
Total ..............................................
$535,358,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force 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:
Air Force: Outside the United States
Country
Installation or Location
Amount
Germany ..........................
Ramstein Air Base ..............................
$25,404,000
Greenland ........................
Thule Air Base .....................................
$19,800,000
Guam ...............................
Andersen Air Force Base ....................
$19,593,000
Italy .................................
Aviano Air Base ...................................
$6,760,000
Korea ...............................
Kunsan Air Base .................................
$37,100,000
Osan Air Base ......................................
$18,600,000
Portugal ...........................
Lajes Field, Azores ..............................
$5,689,000
Spain ................................
Naval Station, Rota .............................
$14,153,000
United Kingdom .............
Royal Air Force Lakenheath ..............
$5,500,000
Total ..............................................
$152,599,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the unspecified
installations or locations, and in the amounts, set forth in the
following table:
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PUBLIC LAW 108–375—OCT. 28, 2004
Air Force: Unspecified Worldwide
Location
Installation or Location
Amount
Classified Locations .............................
$26,121,000
Unspecified Worldwide .......................
$28,090,000
Total ..............................................
$54,211,000
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or
acquire family housing units (including land acquisition and sup-
porting facilities) at the installations or locations, for the purposes,
and in the amounts set forth in the following table:
Air Force: Family Housing
State
Installation or Loca-
tion
Purpose
Amount
Arizona ...............
Davis-Monthan Air Force
Base ...............................
250 Units ...........
$48,500,000
California ...........
Edwards Air Force Base
218 Units ...........
$41,202,000
Vandenberg Air Force
Base ...............................
120 Units ...........
$30,906,000
Florida ................
MacDill Air Force Base ...
61 Units .............
$21,723,000
MacDill Air Force Base ...
Housing Mainte-
nance Facility
$1,250,000
Idaho ..................
Mountain Home Air
Force Base ....................
147 Units ...........
$39,333,000
Mississippi .........
Columbus Air Force Base
Housing Man-
agement Facil-
ity ....................
$711,000
Missouri .............
Whiteman Air Force Base
160 Units ...........
$37,087,000
Montana .............
Malmstrom Air Force
Base ...............................
115 Units ...........
$29,910,000
North Carolina ..
Seymour Johnson Air
Force Base ....................
167 Units ...........
$32,693,000
North Dakota .....
Grand Forks Air Force
Base ...............................
90 Units .............
$26,169,000
Minot Air Force Base ......
142 Units ...........
$37,087,000
South Carolina ..
Charleston Air Force
Base ...............................
Fire Station .......
$1,976,000
South Dakota .....
Ellsworth Air Force Base
75 Units .............
$21,482,000
Texas ..................
Dyess Air Force Base ......
127 Units ...........
$28,664,000
Goodfellow Air Force
Base ...............................
127 Units ...........
$20,604,000
Germany ............
Ramstein Air Base ...........
144 Units ...........
$57,691,000
Italy ....................
Aviano Air Base ...............
Housing Office ...
$2,542,000
Korea ..................
Osan Air Base ..................
117 Units ...........
$46,834,000
United Kingdom
Royal Air Force
Lakenheath ...................
154 Units ...........
$43,976,000
Total ..........................
.............................
$570,340,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities
with respect to the construction or improvement of military family
housing units in an amount not to exceed $38,266,000.
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PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a)(6)(A), the Secretary of the Air Force
may improve existing military family housing units in an amount
not to exceed $238,353,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2004, for military construction, land acquisition, and
military family housing functions of the Department of the Air
Force in the total amount of $2,559,768,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $525,358,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $142,771,000.
(3) For military construction projects at unspecified world-
wide locations authorized by section 2301(c), $54,211,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$13,000,000.
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$124,085,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $846,959,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $853,384,000.
(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
2301 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) $10,000,000 (the balance of the amount authorized
under section 2301(a) for construction of a hanger for an aircraft
maintenance unit, Tyndall Air Force Base, Florida).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (6) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $5,550,000, which represents prior year
savings.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
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PUBLIC LAW 108–375—OCT. 28, 2004
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:
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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.
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(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).
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PUBLIC LAW 108–375—OCT. 28, 2004
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.
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PUBLIC LAW 108–375—OCT. 28, 2004
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
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118 STAT. 2117
PUBLIC LAW 108–375—OCT. 28, 2004
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
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PUBLIC LAW 108–375—OCT. 28, 2004
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of approval and notice requirements for facility repair
projects.
Sec. 2802. Reporting requirements regarding military family housing requirements
for general officers and flag officers.
Sec. 2803. Congressional notification of deviations from authorized cost variations
for military construction projects and military family housing projects.
Sec. 2804. Assessment of vulnerability of military installations to terrorist attack
and annual report on military construction requirements related to
antiterrorism and force protection.
Sec. 2805. Repeal of limitations on use of alternative authority for acquisition and
improvement of military housing.
Sec. 2806. Additional reporting requirements relating to alternative authority for
acquisition and improvement of military housing.
Sec. 2807. Temporary authority to accelerate design efforts for military construc-
tion projects carried out using design-build selection procedures.
Sec. 2808. Notification thresholds and requirements for expenditures or contribu-
tions for acquisition of facilities for reserve components.
Sec. 2809. Authority to exchange reserve component facilities to acquire replace-
ment facilities.
Sec. 2810. One-year extension of temporary, limited authority to use operation and
maintenance funds for construction projects outside the United States.
Sec. 2811. Consideration of combination of military medical treatment facilities and
health care facilities of Department of Veterans Affairs.
Subtitle B—Real Property and Facilities Administration
Sec. 2821. Reorganization of existing administrative provisions relating to real
property transactions.
Sec. 2822. Development of Heritage Center for the National Museum of the United
States Army.
Sec. 2823. Elimination of reversionary interests clouding United States title to
property used as Navy homeports.
Subtitle C—Base Closure and Realignment
Sec. 2831. Establishment of specific deadline for submission of revisions to force-
structure plan and infrastructure inventory.
Sec. 2832. Specification of final selection criteria for 2005 base closure round.
Sec. 2833. Repeal of authority of Secretary of Defense to recommend that installa-
tions be placed in inactive status.
Sec. 2834. Voting requirements for Defense Base Closure and Realignment Com-
mission to add to or otherwise expand closure and realignment rec-
ommendations made by Secretary of Defense.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2841. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2842. Land exchange, Fort Campbell, Kentucky and Tennessee.
Sec. 2843. Land conveyance, Louisiana Army Ammunition Plant, Doyline, Lou-
isiana.
Sec. 2844. Land conveyance, Fort Leonard Wood, Missouri.
Sec. 2845. Transfer of administrative jurisdiction, Defense Supply Center, Colum-
bus, Ohio.
Sec. 2846. Jurisdiction and utilization of former public domain lands, Umatilla
Chemical Depot, Oregon.
Sec. 2847. Modification of authority for land conveyance, equipment and storage
yard, Charleston, South Carolina.
Sec. 2848. Land conveyance, Fort Hood, Texas.
Sec. 2849. Land conveyance, local training area for Browning Army Reserve Cen-
ter, Utah.
Sec. 2850. Land conveyance, Army Reserve Center, Hampton, Virginia.
Sec. 2851. Land conveyance, Army National Guard Facility, Seattle, Washington.
Sec. 2852. Modification of land exchange and consolidation, Fort Lewis, Wash-
ington.
PART II—NAVY CONVEYANCES
Sec. 2861. Land exchange, former Richmond Naval Air Station, Florida.
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Sec. 2862. Land conveyance, Honolulu, Hawaii.
Sec. 2863. Land conveyance, Navy property, former Fort Sheridan, Illinois.
Sec. 2864. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2865. Modification of land acquisition authority, Perquimans County, North
Carolina.
Sec. 2866. Land conveyance, Naval Weapons Station, Charleston, South Carolina.
Sec. 2867. Land conveyance, Navy YMCA building, Portsmouth, Virginia.
PART III—AIR FORCE CONVEYANCES
Sec. 2871. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2872. Land conveyance, March Air Force Base, California.
Sec. 2873. Land conveyance, former Griffiss Air Force Base, New York.
PART IV—OTHER CONVEYANCES
Sec. 2881. Land exchange, Arlington County, Virginia.
Subtitle E—Other Matters
Sec. 2891. One-year resumption of Department of Defense Laboratory Revitaliza-
tion Demonstration Program.
Sec. 2892. Designation of Airmen Leadership School at Luke Air Force Base, Ari-
zona, in honor of John J. Rhodes, a former minority leader of the House
of Representatives.
Sec. 2893. Settlement of claim of Oakland Base Reuse Authority and Redevelop-
ment Agency.
Sec. 2894. Report on establishment of mobilization station at Camp Ripley National
Guard Training Center, Little Falls, Minnesota.
Sec. 2895. Report on feasibility of establishment of veterans memorial at Marine
Corps Air Station, El Toro, California.
Sec. 2896. Sense of Congress regarding effect of military housing policies and force
structure and basing changes on local educational agencies.
Sec. 2897. Sense of Congress and study regarding memorial honoring non-United
States citizens killed in the line of duty while serving in the United
States Armed Forces.
Subtitle A—Military Construction Program
and Military Family Housing Changes
SEC. 2801. MODIFICATION OF APPROVAL AND NOTICE REQUIREMENTS
FOR FACILITY REPAIR PROJECTS.
(a) INCREASE IN THRESHOLD FOR APPROVAL REQUIREMENT.—
Subsection (b) of section 2811 of title 10, United States Code,
is amended by striking ‘‘$5,000,000’’ and inserting ‘‘$7,500,000’’.
(b) DECREASE IN THRESHOLD FOR CONGRESSIONAL NOTIFICA-
TION.—Subsection (d) of such section is amended by striking
‘‘$10,000,000’’ and inserting ‘‘$7,500,000’’.
(c) INFORMATION REQUIRED IN COST ESTIMATE FOR MULTI-YEAR
PROJECTS.—Subsection (d)(1) of such section is amended by
inserting before the semicolon the following: ‘‘, including, in the
case of a multi-year repair project to a single facility, the total
cost of all phases of the project’’.
SEC. 2802. REPORTING REQUIREMENTS REGARDING MILITARY FAMILY
HOUSING REQUIREMENTS FOR GENERAL OFFICERS AND
FLAG OFFICERS.
(a) REPORTS ON COST OF GENERAL AND FLAG OFFICERS QUAR-
TERS.—Section 2831 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(e) REPORTS ON COST OF GENERAL OFFICERS AND FLAG OFFI-
CERS QUARTERS.—(1) As part of the budget materials submitted
to Congress in connection with the submission of the budget for
a fiscal year pursuant to section 1105 of title 31, the Secretary
of Defense shall submit a report—
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‘‘(A) identifying each family housing unit used, or intended
for use, as quarters for a general officer or flag officer for
which the total operation, maintenance, and repair costs for
the unit are anticipated to exceed $35,000 in the next fiscal
year; and
‘‘(B) for each family housing unit so identified, specifying
the total of such anticipated operation, maintenance, and repair
costs for the unit.
‘‘(2) Not later than 120 days after the end of each fiscal year,
the Secretary of Defense shall submit to the congressional defense
committees a report specifying, for each family housing unit used
as quarters for a general officer or flag officer at any time during
that fiscal year, the total expenditures for operation and mainte-
nance, utilities, lease, and repairs of the unit during that fiscal
year.’’.
(b) NOTICE AND WAIT REQUIREMENT.—Such section is further
amended by inserting after subsection (e), as added by subsection
(a), the following new subsection:
‘‘(f) NOTICE AND WAIT REQUIREMENT.—(1) Except as provided
in paragraphs (2) and (3), the Secretary concerned may not carry
out a maintenance or repair project for a family housing unit
used, or intended for use, as quarters for a general officer or
flag officer if the project will or may result in the total operation,
maintenance, and repair costs for the unit for the fiscal year to
exceed $35,000, until—
‘‘(A) the Secretary concerned submits to the congressional
defense committees, in writing, a justification of the need for
the maintenance or repair project and an estimate of the cost
of the project; and
‘‘(B) a period of 21 days has expired following the date
on which the justification and estimate are received by the
committees or, if over sooner, a period of 14 days has expired
following the date on which a copy of the justification and
estimate are provided in an electronic medium pursuant to
section 480 of this title.
‘‘(2) The project justification and cost estimate required by
paragraph (1)(A) may be submitted after the commencement of
a maintenance or repair project for a family housing unit used,
or intended for use, as quarters for a general officer or flag officer
if the project is a necessary enviromental remediation project for
the unit or is necessary for occupant safety or security, and the
need for the project arose after the submission of the most recent
report under subsection (e).
‘‘(3) Paragraph (1) shall not apply in the case of a family
housing unit used, or intended for use, as quarters for a general
officer or flag officer if the unit was identified in the most recent
report submitted under subsection (e) and the cost of the mainte-
nance or repair project was included in the total of anticipated
operation, maintenance, and repair costs for the unit specified in
the report.’’.
(c) REPORT ON NEED FOR GENERAL AND FLAG OFFICERS QUAR-
TERS IN NATIONAL CAPITAL REGION.—Not later than March 30,
2005, the Secretary of Defense shall submit to the congressional
defense committees a report containing an analysis of anticipated
needs in the National Capital Region for family housing units
for general officers and flag officers. In conducting the analysis,
the Secretary shall consider the extent of available housing in
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118 STAT. 2121
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the National Capital Region and the necessity of providing housing
for general officers and flag officers in secure locations.
(d) REPORT ON CURRENT WORLD-WIDE INVENTORY OF GENERAL
AND FLAG OFFICERS QUARTERS.—Not later than March 30, 2005,
the Secretary of Defense shall submit to the congressional defense
committees a report—
(1) containing a worldwide inventory of family housing
units used, or intended for use, for general officers and flag
officers; and
(2) identifying annual expenditures for fiscal years 2002,
2003, and 2004 for operation and maintenance, utilities, leases,
and repairs of each unit.
(e) DEFINITIONS.—In this section:
(1) The terms ‘‘general officer’’ and ‘‘flag officer’’ have the
meanings given such terms in section 101(b) of title 10, United
States Code.
(2) The term ‘‘National Capital Region’’ has the meaning
given such term in section 2674(f) of such title.
SEC. 2803. CONGRESSIONAL NOTIFICATION OF DEVIATIONS FROM
AUTHORIZED 
COST 
VARIATIONS 
FOR 
MILITARY
CONSTRUCTION 
PROJECTS 
AND 
MILITARY 
FAMILY
HOUSING PROJECTS.
Section 2853(c)(3) of title 10, United States Code, is amended
by inserting before the period at the end the following: ‘‘or, if
over sooner, a period of 14 days has elapsed after the date on
which a copy of the notification is provided in an electronic medium
pursuant to section 480 of this title’’.
SEC. 2804. ASSESSMENT OF VULNERABILITY OF MILITARY INSTALLA-
TIONS TO TERRORIST ATTACK AND ANNUAL REPORT ON
MILITARY CONSTRUCTION REQUIREMENTS RELATED TO
ANTITERRORISM AND FORCE PROTECTION.
(a) ANNUAL ASSESSMENT AND REPORT.—(1) Chapter 169 of title
10, United States Code, is amended by inserting after section 2858
the following new section:
‘‘§ 2859. Construction requirements related to antiterrorism
and force protection
‘‘(a) ANTITERRORISM AND FORCE PROTECTION GUIDANCE AND
CRITERIA.—The Secretary of Defense shall develop common guid-
ance and criteria to be used by each Secretary concerned—
‘‘(1) to assess the vulnerability of military installations
located inside and outside of the United States to terrorist
attack;
‘‘(2) to develop construction standards designed to reduce
the vulnerability of structures to terrorist attack and improve
the security of the occupants of such structures;
‘‘(3) to prepare and carry out military construction projects,
such as gate and fenceline construction, to improve the physical
security of military installations; and
‘‘(4) to assist in prioritizing such projects within the mili-
tary construction budget of each of the armed forces.
‘‘(b) VULNERABILITY ASSESSMENTS.—The Secretary of Defense
shall require vulnerability assessments of military installations to
be conducted, at regular intervals, using the criteria developed
under subsection (a).
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‘‘(c) MILITARY CONSTRUCTION REQUIREMENTS.—As part of the
budget materials submitted to Congress in connection with the
submission of the budget for a fiscal year pursuant to section
1105 of title 31, but in no case later than March 15 of each
year, the Secretary of Defense shall submit a report, in both classi-
fied and unclassified form, describing—
‘‘(1) the location and results of the vulnerability assess-
ments conducted under subsection (b) during the most recently
completed fiscal year;
‘‘(2) the military construction requirements anticipated to
be necessary during the period covered by the then-current
future-years defense plan under section 221 of this title to
improve the physical security of military installations; and
‘‘(3) the extent to which funds to meet those requirements
are not requested in the Department of Defense budget for
the fiscal year for which the budget is submitted.’’.
(2) The table of sections at the beginning of subchapter III
of chapter 169 of such title is amended by inserting after the
item relating to section 2858 the following new item:
‘‘2859. Construction requirements related to antiterrorism and force protection.’’.
(b) SPECIAL REQUIREMENT FOR 2006 REPORT.—In the case of
the report required to be submitted in 2006 under section 2859(c)
of title 10, United States Code, as added by subsection (a), the
Secretary of Defense shall include a certification by the Secretary
that since September 11, 2001, assessments regarding the vulner-
ability of military installations to terrorist attack have been under-
taken for all major military installations. The Secretary shall
indicate the basis by which the Secretary differentiated between
major and nonmajor military installations for purposes of making
the certification.
SEC. 2805. REPEAL OF LIMITATIONS ON USE OF ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.
(a) REPEAL
OF BUDGET AUTHORITY LIMITATION
ON USE
OF
AUTHORITY.—Section 2883 of title 10, United States Code, is
amended by striking subsection (g).
(b) REPEAL OF TERMINATION DATE ON USE OF AUTHORITY.—
(1) Section 2885 of such title is repealed.
(2) The table of sections at the beginning of subchapter IV
of chapter 169 of such title is amended by striking the item relating
to section 2885.
SEC. 2806. ADDITIONAL REPORTING REQUIREMENTS RELATING TO
ALTERNATIVE 
AUTHORITY 
FOR 
ACQUISITION 
AND
IMPROVEMENT OF MILITARY HOUSING.
(a) PROJECT REPORTS.—Paragraph (2) of subsection (a) of sec-
tion 2884 of title 10, United States Code, is amended to read
as follows:
‘‘(2) For each proposed contract, conveyance, or lease described
in paragraph (1), the report required by such paragraph shall
include the following:
‘‘(A) A description of the contract, conveyance, or lease,
including a summary of the terms of the contract, conveyance,
or lease.
‘‘(B) A description of the authorities to be utilized in
entering into the contract, conveyance, or lease and the
10 USC 2859
note.
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intended method of participation of the United States in the
contract, conveyance, or lease, including a justification of the
intended method of participation.
‘‘(C) A statement of the scored cost of the contract, convey-
ance, or lease, as determined by the Office of Management
and Budget.
‘‘(D) A statement of the United States funds required for
the contract, conveyance, or lease and a description of the
source of such funds.
‘‘(E) An economic assessment of the life cycle costs of the
contract, conveyance, or lease, including an estimate of the
amount of United States funds that would be paid over the
life of the contract, conveyance, or lease from amounts derived
from payments of government allowances, including the basic
allowance for housing under section 403 of title 37, if the
housing affected by the project were fully occupied by military
personnel over the life of the contract, conveyance, or lease.’’.
(b) ANNUAL
REPORTS.—Subsection (b) of such section is
amended—
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new para-
graph (5):
‘‘(5) A report setting forth, by armed force—
‘‘(A) an estimate of the amounts of basic allowance
for housing under section 403 of title 37 that will be paid,
during the current fiscal year and the fiscal year for which
the budget is submitted, to members of the armed forces
living in housing provided under the authorities in this
subchapter; and
‘‘(B) the number of units of military family housing
and military unaccompanied housing upon which the esti-
mate under subparagraph (A) for the current fiscal year
and the next fiscal year is based.’’.
SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DESIGN EFFORTS
FOR MILITARY CONSTRUCTION PROJECTS CARRIED OUT
USING DESIGN-BUILD SELECTION PROCEDURES.
Section 2305a of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(f) 
SPECIAL
AUTHORITY
FOR
MILITARY
CONSTRUCTION
PROJECTS.—(1) The Secretary of a military department may use
funds available to the Secretary under section 2807(a) or 18233(e)
of this title to accelerate the design effort in connection with a
military construction project for which the two-phase selection
procedures described in subsection (c) are used to select the con-
tractor for both the design and construction portion of the project
before the project is specifically authorized by law and before funds
are appropriated for the construction portion of the project. Notwith-
standing the limitations contained in such sections, use of such
funds for the design portion of a military construction project may
continue despite the subsequent authorization of the project. The
advance notice requirement of section 2807(b) of this title shall
continue to apply whenever the estimated cost of the design portion
of the project exceeds the amount specified in such section.
‘‘(2) Any military construction contract that provides for an
accelerated design effort, as authorized by paragraph (1), shall
include as a condition of the contract that the liability of the
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United States in a termination for convenience may not exceed
the actual costs incurred as of the termination date.
‘‘(3) For each fiscal year during which the authority provided
by this subsection is in effect, the Secretary of a military department
may select not more than two military construction projects to
include the accelerated design effort authorized by paragraph (1)
for each armed force under the jurisdiction of the Secretary. To
be eligible for selection under this subsection, a request for the
authorization of the project, and for the authorization of appropria-
tions for the project, must have been included in the annual budget
of the President for a fiscal year submitted to Congress under
section 1105(a) of title 31.
‘‘(4) Not later than March 1, 2007, the Secretary of Defense
shall submit to the congressional defense committees a report evalu-
ating the usefulness of the authority provided by this subsection
in expediting the design and construction of military construction
projects. The authority provided by this subsection expires Sep-
tember 30, 2007, except that, if the report required by this para-
graph is not submitted by March 1, 2007, the authority shall
expire on that date.’’.
SEC. 2808. NOTIFICATION THRESHOLDS AND REQUIREMENTS FOR
EXPENDITURES OR CONTRIBUTIONS FOR ACQUISITION
OF FACILITIES FOR RESERVE COMPONENTS.
(a) AUTHORITY
TO
CARRY
OUT
SMALL
PROJECTS.—Section
18233a of title 10, United States Code, is amended to read as
follows:
‘‘§ 18233a. Notice and wait requirements for certain projects
‘‘(a) CONGRESSIONAL NOTIFICATION.—Except as provided in sub-
section (b), an expenditure or contribution in an amount in excess
of $750,000 may not be made under section 18233 of this title
for any facility until—
‘‘(1) the Secretary of Defense has notified the congressional
defense committees of the location, nature, and estimated cost
of the facility; and
‘‘(2) a period of 21 days has elapsed after the notification
has been received by those committees or, if over sooner, a
period of 14 days has elapsed after the date on which a copy
of the notification is provided in an electronic medium pursuant
to section 480 of this title.
‘‘(b) CERTAIN EXPENDITURES OR CONTRIBUTIONS EXEMPTED.—
Subsection (a) does not apply to expenditures or contributions for
the following:
‘‘(1) Facilities acquired by lease.
‘‘(2) A project for a facility that has been authorized by
Congress, if the location and purpose of the facility are the
same as when authorized and if, based upon bids received—
‘‘(A) the scope of work of the project, as approved
by Congress, is not proposed to be reduced by more than
25 percent; and
‘‘(B) the current working estimate of the cost of the
project does not exceed the amount approved for the project
by more than the lesser of the following:
‘‘(i) 25 percent.
Deadline.
Reports.
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118 STAT. 2125
PUBLIC LAW 108–375—OCT. 28, 2004
‘‘(ii) 200 percent of the amount specified by section
2805(a)(2) of this title as the maximum amount for
a minor military construction project.
‘‘(3) A repair project (as that term is defined in section
2811(e) of this title) that costs less than $7,500,000.’’.
(b) RECODIFICATION OF LIMITED AUTHORITY TO USE OPERATION
AND MAINTENANCE FUNDS.—Chapter 1803 of such title is amended
by inserting after section 18233a the following new section:
‘‘§ 18233b. Authority to carry out small projects with oper-
ation and maintenance funds
‘‘Under such regulations as the Secretary of Defense may pre-
scribe, the Secretary may expend, from appropriations available
for operation and maintenance, amounts necessary to carry out
any project authorized under section 18233(a) of this title that
costs not more than—
‘‘(1) the amount specified in section 2805(c)(1)(A) of this
title, in the case of a project intended solely to correct a defi-
ciency that is life-threatening, health-threatening, or safety-
threatening; or
‘‘(2) the amount specified in section 2805(c)(1)(B) of this
title, in the case of any other project.’’.
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 1803 of such title is amended by striking the
item relating to section 18233a and inserting the following new
items:
‘‘18233a. Notice and wait requirements for certain projects.
‘‘18233b. Authority to carry out small projects with operation and maintenance
funds.’’.
SEC. 2809. AUTHORITY TO EXCHANGE RESERVE COMPONENT FACILI-
TIES TO ACQUIRE REPLACEMENT FACILITIES.
(a) EXCHANGE AUTHORITY.—(1) Chapter 1803 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 18240. Acquisition of facilities by exchange
‘‘(a) EXCHANGE AUTHORITY.—In addition to the acquisition
authority provided by section 18233 of this title, the Secretary
of Defense may authorize the Secretary of a military department
to acquire a facility, or addition to an existing facility, needed
to satisfy military requirements for a reserve component by carrying
out an exchange of an existing facility under the control of that
Secretary through an agreement with a State, local government,
local authority, or private entity.
‘‘(b) FACILITIES ELIGIBLE FOR EXCHANGE.—Only a facility of
a reserve component that is not excess property (as defined in
section 102(3) of title 40) may be exchanged using the authority
provided by this section.
‘‘(c) EQUAL VALUE EXCHANGE.—In any exchange carried out
using the authority provided by this section, the value of the
replacement facility, or addition to an existing facility, acquired
by the United States shall be at least equal to the fair market
value of the facility conveyed by the United States under the
agreement. If the values are unequal, the values may not be equal-
ized by any payment of cash consideration by either party to the
agreement.
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‘‘(d) REQUIREMENTS FOR REPLACEMENT FACILITIES.—The Sec-
retary of a military department may not accept a replacement
facility, or addition to an existing facility, to be acquired by the
United States in an exchange carried out using the authority pro-
vided by this section until that Secretary determines that the facility
or addition—
‘‘(1) is complete and usable, fully functional, and ready
for occupancy;
‘‘(2) satisfies all operational requirements; and
‘‘(3) meets all applicable Federal, State, and local require-
ments relating to health, safety, fire, and the environment.
‘‘(e) CONSULTATION REQUIREMENTS.—The Secretary of a mili-
tary department authorized to enter into an agreement under sub-
section (a) to convey an existing facility under the control of that
Secretary by exchange shall consult with representatives of other
reserve components to evaluate—
‘‘(1) the value of using the facility to meet the military
requirements of another reserve component, instead of con-
veying the facility under this section; and
‘‘(2) the feasibility of using the conveyance of the facility
to acquire a facility, or an addition to an existing facility,
that would be jointly used by more than one reserve component
or unit.
‘‘(f) ADVANCE NOTICE OF PROPOSED EXCHANGE.—(1) When a
decision is made to enter into an agreement under subsection (a)
to exchange a facility using the authority provided by this section,
the Secretary of the military department authorized to enter into
the agreement shall submit to the congressional defense committees
a report on the proposed agreement. The report shall include the
following:
‘‘(A) A description of the agreement, including the terms
and conditions of the agreement, the parties to be involved
in the agreement, the origin of the proposal that lead to the
agreement, the intended use of the facility to be conveyed
by the United States under the agreement, and any costs
to be incurred by the United States to make the exchange
under the agreement.
‘‘(B) A description of the facility to be conveyed by the
United States under the agreement, including the current
condition and fair market value of the facility, and a description
of the method by which the fair market value of the facility
was determined.
‘‘(C) Information on the facility, or addition to an existing
facility, to be acquired by the United States under the agree-
ment and the intended use of the facility or addition, which
shall meet requirements for information provided to Congress
for military construction projects to obtain a similar facility
or addition to an existing facility.
‘‘(D) A certification that the Secretary complied with the
consultation requirements under subsection (e).
‘‘(E) A certification that the conveyance of the facility under
the agreement is in the best interests of the United States
and that the Secretary used competitive procedures to the
maximum extent practicable to protect the interests of the
United States.
‘‘(2) The agreement described in a report prepared under para-
graph (1) may be entered into, and the exchange covered by the
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118 STAT. 2127
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agreement made, only after the end of the 30-day period beginning
on the date the report is received by the congressional defense
committees or, if earlier, the end of the 21-day period beginning
on the date on which a copy of the report is provided in an electronic
medium pursuant to section 480 of this title.
‘‘(3) Section 2662 of this title shall not apply to an exchange
carried out using the authority provided by this section.
‘‘(g) RELATION TO OTHER MILITARY CONSTRUCTION REQUIRE-
MENTS.—The acquisition of a facility, or an addition to an existing
facility, using the authority provided by this section shall not be
treated as a military construction project for which an authorization
is required by section 2802 of this title.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘18240. Acquisition of facilities by exchange.’’.
(b) CONFORMING AMENDMENT.—Section 18233(f)(2) of such title
is amended by striking ‘‘gift, exchange of Government-owned land,
or otherwise’’ and inserting ‘‘or gift’’.
(c) TEMPORARY AUTHORITY
TO INCLUDE CASH EQUALIZATION
PAYMENTS
IN EXCHANGE.—(1) Notwithstanding subsection (c) of
section 18240 of title 10, United States Code, as added by subsection
(a), the Secretary of Defense may authorize the Secretary of a
military department, as part of an exchange agreement under such
section, to make or accept a cash equalization payment if the
value of the facility, or addition to an existing facility, to be acquired
by the United States under the agreement is not equal to the
fair market value of the facility to be conveyed by the United
States under the agreement. All other requirements of such section
shall continue to apply to the exchange.
(2) Cash equalization payments received by the Secretary of
a military department under this subsection shall be deposited
in a separate account in the Treasury. Amounts in the account
shall be available to the Secretary of Defense, without further
appropriation and until expended, for transfer to the Secretary
of a military department—
(A) to make any cash equalization payments required to
be made by the United States in connection with an exchange
agreement covered by this subsection, and the account shall
be the only source for such payments; and
(B) to cover costs associated with the maintenance, protec-
tion, alteration, repair, improvement, or restoration (including
environmental restoration) of facilities, and additions to existing
facilities, acquired using an exchange agreement covered by
this subsection.
(3) Not more than 15 exchange agreements under section 18240
of title 10, United States Code, may include the exception for
cash equalization payments authorized by this subsection. Of those
15 exchange agreements, not more than eight may be for the
same reserve component.
(4) In this section, the term ‘‘facility’’ has the meaning given
that term in section 18232(2) of title 10, United States Code.
(5) No cash equalization payment may be made or accepted
under the authority of this subsection after September 30, 2007.
Except as otherwise specifically authorized by law, the authority
provided by this subsection to make or accept cash equalization
payments in connection with the acquisition or disposal of facilities
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118 STAT. 2128
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of the reserve components is the sole authority available in law
to the Secretary of Defense or the Secretary of a military depart-
ment for that purpose.
(6) Not later than March 1, 2008, the Secretary of Defense
shall submit to the congressional defense committees a report on
the exercise of the authority provided by this subsection. The report
shall include the following:
(A) A description of the exchange agreements under section
18240 of title 10, United States Code, that included the
authority to make or accept cash equalization payments.
(B) A description of the analysis and criteria used to select
such agreements for inclusion of the authority to make or
accept cash equalization payments.
(C) An assessment of the utility to the Department of
Defense of the authority, including recommendations for modi-
fications of such authority in order to enhance the utility of
such authority for the Department.
(D) An assessment of interest in the future use of the
authority, in the event the authority is extended.
(E) An assessment of the advisability of making the
authority, including any modifications of the authority rec-
ommended under subparagraph (C), permanent.
SEC. 
2810. 
ONE-YEAR 
EXTENSION 
OF 
TEMPORARY, 
LIMITED
AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE
UNITED STATES.
Section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat.
1723) is amended—
(1) in subsection (a), by inserting ‘‘and, subject to subsection
(d)(2), fiscal year 2005’’ after ‘‘During fiscal year 2004’’;
(2) in subsection (c)(1), by striking ‘‘in fiscal year 2004’’
and inserting ‘‘in a fiscal year’’; and
(3) in subsection (d)—
(A) by inserting ‘‘(1)’’ before ‘‘Not later than’’;
(B) by striking ‘‘fiscal year 2004,’’ and inserting ‘‘fiscal
years 2004 and 2005,’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) The ability to use this section as authority during fiscal
year 2005 to obligate appropriated funds available for operation
and maintenance to carry out construction projects outside the
United States shall commence only after the date on which the
Secretary of Defense submits to the congressional committees speci-
fied in subsection (f) all of the quarterly reports that were required
under paragraph (1) for fiscal year 2004.’’.
SEC. 2811. CONSIDERATION OF COMBINATION OF MILITARY MEDICAL
TREATMENT FACILITIES AND HEALTH CARE FACILITIES
OF DEPARTMENT OF VETERANS AFFAIRS.
(a) DEPARTMENT
OF
DEFENSE
CONSIDERATION
OF
JOINT
CONSTRUCTION.—When 
considering 
any 
military 
construction
project for the construction of a new military medical treatment
facility in the United States or a territory or possession of the
United States, the Secretary of Defense shall consult with the
Secretary of Veterans Affairs regarding the feasibility of carrying
out a joint project to construct a medical facility that—
38 USC 8111
note.
Deadline.
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118 STAT. 2129
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(1) could serve as a facility for health-resources sharing
between the Department of Defense and the Department of
Veterans Affairs; and
(2) would be no more costly to each Department to construct
and operate than separate facilities for each Department.
(b) DEPARTMENT
OF VETERANS AFFAIRS CONSIDERATION
OF
JOINT CONSTRUCTION.—When considering the construction of a new
or replacement medical facility for the Department of Veterans
Affairs, the Secretary of Veterans Affairs shall consult with the
Secretary of Defense regarding the feasibility of carrying out a
joint project to construct a medical facility that—
(1) could serve as a facility for health-resources sharing
between the Department of Veterans Affairs and the Depart-
ment of Defense; and
(2) would be no more costly to each Department to construct
and operate than separate facilities for each Department.
Subtitle B—Real Property and Facilities
Administration
SEC. 2821. REORGANIZATION OF EXISTING ADMINISTRATIVE PROVI-
SIONS RELATING TO REAL PROPERTY TRANSACTIONS.
(a) LIMITATION ON COMMISSIONS.—(1) Section 2661 of title 10,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(c) COMMISSIONS ON LAND PURCHASE CONTRACTS.—The max-
imum amount payable as a commission on a contract for the pur-
chase of land from funds appropriated for the Department of
Defense is two percent of the purchase price.’’.
(2) Section 2666 of such title is repealed.
(b) REPEAL OF OBSOLETE AUTHORITY TO ACQUIRE LAND FOR
TIMBER PRODUCTION.—Section 2664 of such title is repealed.
(c) CONSOLIDATION OF CERTAIN PROVISIONS ON USE OF FACILI-
TIES.—(1) Section 2670 of such title is amended by adding at the
end the following new subsection:
‘‘(c) USE
OF SPACE
AND EQUIPMENT
BY VETERANS SERVICE
ORGANIZATIONS.—(1) Upon certification to the Secretary concerned
by the Secretary of Veterans Affairs, the Secretary concerned shall
allow accredited, paid, full-time representatives of the organizations
named in section 5902 of title 38, or of other organizations recog-
nized by the Secretary of Veterans Affairs, to function on military
installations under the jurisdiction of the Secretary concerned that
are on land and from which persons are discharged or released
from active duty.
‘‘(2) The commanding officer of a military installation allowing
representatives to function on the installation under paragraph
(1) shall allow the representatives to use available space and equip-
ment at the installation.
‘‘(3) This subsection does not authorize the violation of measures
of military security.’’.
(2) Section 2679 of such title is repealed.
(3) The regulations prescribed to carry out section 2679 of
title 10, United States Code, as in effect on the day before the
date of the enactment of this Act, shall remain in effect with
regard to section 2670(c) of such title, as added by paragraph
(1), until changed by joint action of the Secretary concerned (as
10 USC 2670
note.
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118 STAT. 2130
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defined in section 101(9) of such title) and the Secretary of Veterans
Affairs.
(d) AVAILABILITY
OF FUNDS
FOR ACQUISITION
OF CERTAIN
INTERESTS IN REAL PROPERTY.—(1) Section 2672 of such title is
amended by adding at the end the following new subsection:
‘‘(d) AVAILABILITY OF FUNDS.—Appropriations available to the
Department of Defense for operation and maintenance or construc-
tion may be used for the acquisition of land or interests in land
under this section.’’.
(2) Section 2673 of such title is repealed.
(3) Section 2675 of such title is amended—
(A) by inserting ‘‘(a) LEASE AUTHORITY; DURATION.—’’
before ‘‘The Secretary’’; and
(B) by adding at the end the following new subsection:
‘‘(b) AVAILABILITY OF FUNDS.—Appropriations available to the
Department of Defense for operation and maintenance or construc-
tion may be used for the acquisition of interests in land under
this section.’’.
(e) STYLISTIC AND CLERICAL AMENDMENTS.—(1) Section 2661
of such title is further amended—
(A) in subsection (a), by inserting ‘‘AVAILABILITY OF OPER-
ATION AND MAINTENANCE FUNDS.—’’ after ‘‘(a)’’; and
(B) in subsection (b), by inserting ‘‘LEASING
AND ROAD
MAINTENANCE AUTHORITY.—’’ after ‘‘(b)’’.
(2) The heading of section 2670 of such title is amended to
read as follows:
‘‘§ 2670. Use of facilities by private organizations; use as
polling places’’.
(3) The table of sections at the beginning of chapter 159 of
such title is amended—
(A) by striking the items relating to sections 2664, 2666,
2673, and 2679; and
(B) by striking the item relating to section 2670 and
inserting the following new item:
‘‘2670. Use of facilities by private organizations; use as polling places.’’.
SEC. 2822. DEVELOPMENT OF HERITAGE CENTER FOR THE NATIONAL
MUSEUM OF THE UNITED STATES ARMY.
(a) AUTHORITY TO ENTER INTO AGREEMENT FOR DEVELOPMENT
OF CENTER.—Chapter 449 of title 10, United States Code, is
amended by inserting after section 4771 the following new section:
‘‘§ 4772. Heritage Center for the National Museum of the
United States Army: development and operation
‘‘(a) AGREEMENT FOR DEVELOPMENT OF CENTER.—The Secretary
of the Army may enter into an agreement with the Army Historical
Foundation, a nonprofit organization, for the design, construction,
and operation of a facility or group of facilities at Fort Belvoir,
Virginia, for the National Museum of the United States Army.
The facility or group of facilities constructed pursuant to the agree-
ment shall be known as the Heritage Center for the National
Museum of the United States Army (in this section referred to
as the ‘Center’).
‘‘(b) PURPOSE OF CENTER.—The Center shall be used for the
identification, curation, storage, and public viewing of artifacts and
artwork of significance to the United States Army, as agreed to
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118 STAT. 2131
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by the Secretary of the Army. The Center may also be used to
support such education, training, research, and associated purposes
as the Secretary considers appropriate.
‘‘(c) DESIGN AND CONSTRUCTION.—(1) The design of the Center
shall be subject to the approval of the Secretary of the Army.
‘‘(2) For each phase of the development of the Center, the
Secretary may—
‘‘(A) accept funds from the Army Historical Foundation
for the design and construction of such phase of the Center;
or
‘‘(B) permit the Army Historical Foundation to contract
for the design and construction of such phase of the Center.
‘‘(d) ACCEPTANCE BY SECRETARY.—Upon the satisfactory comple-
tion, as determined by the Secretary of the Army, of any phase
of the Center, and upon the satisfaction of any financial obligations
incident to such phase of the Center by the Army Historical Founda-
tion, the Secretary shall accept such phase of the Center from
the Army Historical Foundation, and all right, title, and interest
in and to such phase of the Center shall vest in the United States.
Upon becoming the property of the United States, the Secretary
shall assume administrative jurisdiction over the Center.
‘‘(e) USE OF CERTAIN GIFTS.—(1) Under regulations prescribed
by the Secretary of the Army, the Commander of the United States
Army Center of Military History may, without regard to section
2601 of this title, accept, hold, administer, invest, and spend any
gift, devise, or bequest of personal property of a value of $250,000
or less made to the United States if such gift, devise, or bequest
is for the benefit of the National Museum of the United States
Army or the Center.
‘‘(2) The Secretary may pay or authorize the payment of any
reasonable and necessary expense in connection with the convey-
ance or transfer of a gift, devise, or bequest under this subsection.
‘‘(f) LEASE OF FACILITY.—(1) Under such terms and conditions
as the Secretary of the Army considers appropriate, the Secretary
may lease portions of the Center to the Army Historical Foundation
to be used by the Foundation, consistent with the purpose of the
Center, for—
‘‘(A) generating revenue for activities of the Center through
rental use by the public, commercial and nonprofit entities,
State and local governments, and other Federal agencies; and
‘‘(B) such administrative purposes as may be necessary
for the support of the Center.
‘‘(2) The annual amount of consideration paid to the Secretary
by the Army Historical Foundation for a lease under paragraph
(1) may not exceed an amount equal to the actual cost, as deter-
mined by the Secretary, of the annual operations and maintenance
of the Center.
‘‘(3) Notwithstanding any other provision of law, the Secretary
shall use amounts paid under paragraph (2) to cover the costs
of operation of the Center.
‘‘(g) ADDITIONAL TERMS
AND CONDITIONS.—The Secretary of
the Army may require such additional terms and conditions in
connection with the agreement authorized by subsection (a) as
the Secretary considers appropriate to protect the interests of the
United States.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 4771 the following new item:
‘‘4772. Heritage Center for the National Museum of the United States Army: devel-
opment and operation.’’.
SEC. 2823. ELIMINATION OF REVERSIONARY INTERESTS CLOUDING
UNITED STATES TITLE TO PROPERTY USED AS NAVY
HOMEPORTS.
(a) AUTHORITY TO ACQUIRE COMPLETE TITLE.—If real property
owned by the United States and used as a Navy homeport is
subject to a reversionary interest of any kind, the Secretary of
the Navy may enter into an agreement with the holder of the
reversionary interest to acquire the reversionary interest and
thereby secure for the United States all right, title, and interest
in and to the property.
(b) AUTHORIZED CONSIDERATION.—(1) As consideration for the
acquisition of a reversionary interest under subsection (a), the Sec-
retary shall provide the holder of the reversionary interest with
in-kind consideration, to be determined pursuant to negotiations
between the Secretary and the holder of the reversionary interest.
(2) In determining the type and value of any in-kind consider-
ation to be provided for the acquisition of a reversionary interest
under subsection (a), the Secretary shall take into account the
nature of the reversionary interest, including whether it would
require the holder of the reversionary interest to pay for any
improvements acquired by the holder as part of the reversion of
the real property, and the long-term use and ultimate disposition
of the real property if the United States were to acquire all right,
title, and interest in and to the real property subject to the rever-
sionary interest.
(c) PROHIBITED
CONSIDERATION.—Cash payments are not
authorized to be made as consideration for the acquisition of a
reversionary interest under subsection (a).
Subtitle C—Base Closure and Realignment
SEC. 2831. ESTABLISHMENT OF SPECIFIC DEADLINE FOR SUBMISSION
OF REVISIONS TO FORCE-STRUCTURE PLAN AND INFRA-
STRUCTURE INVENTORY.
Section 2912(a)(4) of 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) is amended by striking ‘‘as part of the budget
justification documents submitted to Congress for fiscal year 2006.’’
and inserting the following: ‘‘not later than March 15, 2005. For
purposes of selecting military installations for closure or realign-
ment under this part in 2005, no revision of the force-structure
plan or infrastructure inventory is authorized after that date.’’.
SEC. 2832. SPECIFICATION OF FINAL SELECTION CRITERIA FOR 2005
BASE CLOSURE ROUND.
Section 2913 of 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) is amended to read as follows:
10 USC 5013
note.
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‘‘SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF
BASE CLOSURES AND REALIGNMENTS.
‘‘(a) FINAL SELECTION CRITERIA.—The final criteria to be used
by the Secretary in making recommendations for the closure or
realignment of military installations inside the United States under
this part in 2005 shall be the military value and other criteria
specified in subsections (b) and (c).
‘‘(b) MILITARY VALUE CRITERIA.—The military value criteria
are as follows:
‘‘(1) The current and future mission capabilities and the
impact on operational readiness of the total force of the Depart-
ment of Defense, including the impact on joint warfighting,
training, and readiness.
‘‘(2) The availability and condition of land, facilities, and
associated airspace (including training areas suitable for
maneuver by ground, naval, or air forces throughout a diversity
of climate and terrain areas and staging areas for the use
of the Armed Forces in homeland defense missions) at both
existing and potential receiving locations.
‘‘(3) The ability to accommodate contingency, mobilization,
surge, and future total force requirements at both existing
and potential receiving locations to support operations and
training.
‘‘(4) The cost of operations and the manpower implications.
‘‘(c) OTHER CRITERIA.—The other criteria that the Secretary
shall use in making recommendations for the closure or realignment
of military installations inside the United States under this part
in 2005 are as follows:
‘‘(1) The extent and timing of potential costs and savings,
including the number of years, beginning with the date of
completion of the closure or realignment, for the savings to
exceed the costs.
‘‘(2) The economic impact on existing communities in the
vicinity of military installations.
‘‘(3) The ability of the infrastructure of both the existing
and potential receiving communities to support forces, missions,
and personnel.
‘‘(4) The environmental impact, including the impact of
costs related to potential environmental restoration, waste
management, and environmental compliance activities.
‘‘(d) PRIORITY GIVEN TO MILITARY VALUE.—The Secretary shall
give priority consideration to the military value criteria specified
in subsection (b) in the making of recommendations for the closure
or realignment of military installations.
‘‘(e) EFFECT
ON DEPARTMENT
AND OTHER AGENCY COSTS.—
The selection criteria relating to the cost savings or return on
investment from the proposed closure or realignment of military
installations shall take into account the effect of the proposed
closure or realignment on the costs of any other activity of the
Department of Defense or any other Federal agency that may
be required to assume responsibility for activities at the military
installations.
‘‘(f) RELATION TO OTHER MATERIALS.—The final selection cri-
teria specified in this section shall be the only criteria to be used,
along with the force-structure plan and infrastructure inventory
referred to in section 2912, in making recommendations for the
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closure or realignment of military installations inside the United
States under this part in 2005.
‘‘(g) RELATION
TO CRITERIA
FOR EARLIER ROUNDS.—Section
2903(b), and the selection criteria prepared under such section,
shall not apply with respect to the process of making recommenda-
tions for the closure or realignment of military installations in
2005.’’.
(c) CONFORMING AMENDMENTS.—The Defense Base Closure and
Realignment Act of 1990 is amended—
(1) in section 2912(c)(1)(A), by striking ‘‘criteria prepared
under section 2913’’ and inserting ‘‘criteria specified in section
2913’’; and
(2) in section 2914(a), by striking ‘‘criteria prepared by
the Secretary under section 2913’’ and inserting ‘‘criteria speci-
fied in section 2913’’.
SEC. 2833. REPEAL OF AUTHORITY OF SECRETARY OF DEFENSE TO
RECOMMEND THAT INSTALLATIONS BE PLACED IN INAC-
TIVE STATUS.
Section 2914 of 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) is amended by striking subsection (c).
SEC. 2834. VOTING REQUIREMENTS FOR DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION TO ADD TO OR OTHERWISE
EXPAND CLOSURE AND REALIGNMENT RECOMMENDA-
TIONS MADE BY SECRETARY OF DEFENSE.
Subsection (d) of section 2914 of 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), as added by section 3003 of the
Military Construction Authorization Act for Fiscal Year 2002 (divi-
sion B of Public Law 107–107; 115 Stat, 1346) and amended by
section 2854 of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat.
2728), is amended—
(1) in paragraph (3), by striking ‘‘TO ADD’’ and inserting
‘‘TO CONSIDER ADDITIONS’’; and
(2) by striking paragraph (5) and inserting the following
new paragraph:
‘‘(5) REQUIREMENTS TO EXPAND CLOSURE OR REALIGNMENT
RECOMMENDATIONS.—In the report required under section
2903(d)(2)(A) that is to be transmitted under paragraph (1),
the Commission may not make a change in the recommenda-
tions of the Secretary that would close a military installation
not recommended for closure by the Secretary, would realign
a military installation not recommended for closure or realign-
ment by the Secretary, or would expand the extent of the
realignment of a military installation recommended for realign-
ment by the Secretary unless—
‘‘(A) at least two members of the Commission visit
the military installation before the date of the transmittal
of the report; and
‘‘(B) the decision of the Commission to make the change
to recommend the closure of the military installation, the
realignment of the installation, or the expanded realign-
ment of the installation is supported by at least seven
members of the Commission.’’.
10 USC 2687
note.
10 USC 2687
note.
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Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2841. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION
PLANT, KANSAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army, in
consultation with the Administrator of General Services, may
convey to an entity selected by the Board of Commissioners of
Johnson County, Kansas (in this section referred to as the ‘‘entity’’
and the ‘‘Board’’, respectively), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 9,065 acres and
containing the Sunflower Army Ammunition Plant. The purpose
of the conveyance is to facilitate the re-use of the property for
economic development and revitalization.
(b) CONSIDERATION.—(1) As consideration for the conveyance
under subsection (a), the entity shall provide the United States,
whether by cash payment, in-kind consideration, or a combination
thereof, an amount that is not less than the fair market value
of the conveyed property, as determined by an appraisal of the
property acceptable to the Administrator and the Secretary. As
a form of in-kind consideration for the conveyance of the property,
the Secretary may authorize the entity to carry out environmental
remediation activities for the conveyed property.
(2) Cash consideration received under paragraph (1) shall be
deposited in the special account in the Treasury established under
subsection (b) of section 572 of title 40, United States Code, and
shall be available in accordance with paragraph (5)(B)(i) of such
subsection.
(c) 
CONSTRUCTION
WITH
PREVIOUS
LAND
CONVEYANCE
AUTHORITY.—The conveyance authority provided by subsection (a)
is in addition to the conveyance authority provided by section 2823
of the Military Construction Authorization Act for Fiscal Year 2003
(division B of Public Law 107–314; 116 Stat. 2712) to convey a
portion of the Sunflower Army Ammunition Plant to the Johnson
County Park and Recreation District.
(d) AGREEMENTS CONCERNING ENVIRONMENTAL REMEDIATION
AND EXPLOSIVES CLEANUP.—(1) The Secretary, in consultation with
the Administrator, may enter into a multi-year cooperative agree-
ment or contract with the entity for the environmental remediation
and explosives cleanup of the conveyed property, and may utilize
amounts authorized to be appropriated to the Secretary for purposes
of environmental remediation and explosives cleanup under the
agreement or contract.
(2) The cooperative agreement or contract may provide for
advance payments on an annual basis or for payments on a perform-
ance basis. Payments may be made over a period of time agreed
to by the Secretary and the entity or for such time as may be
necessary to perform the environmental remediation and explosives
cleanup of the property, including any long-term operation and
maintenance requirements.
(e) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the entity to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including survey
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costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the entity in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the entity.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary
and the Administrator.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary and
the Administrator may require such additional terms and conditions
in connection with the conveyance of real property under subsection
(a), and the environmental remediation and explosives cleanup
under subsection (d), as the Secretary and the Administrator jointly
consider appropriate to protect the interests of the United States.
SEC. 2842. LAND EXCHANGE, FORT CAMPBELL, KENTUCKY AND TEN-
NESSEE.
(a) LAND EXCHANGE AUTHORIZED.—In exchange for the real
property described in subsection (b), the Secretary of the Army
may convey to Bi-County Solid Waste Management System, a local
government agency (in this section referred to as ‘‘Bi-County’’),
all right, title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, consisting
of approximately 358 acres located at Fort Campbell in Montgomery
County, Tennessee, for the purpose of permitting Bi-County to
expand a landfill facility.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), Bi-County shall convey to the United States all
right, title, and interest of Bi-County in and to a parcel of real
property consisting of approximately 670 acres located adjacent
to Fort Campbell in Trigg County, Kentucky, and Stewart County,
Tennessee. The Secretary shall have jurisdiction over the real prop-
erty received under this subsection.
(c) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that Bi-County construct
a fence, acceptable to the Secretary, consisting of at least six-
foot high, nine-gauge chain-link and three-strand barbed wire along
the boundary between Fort Campbell and the real property con-
veyed under subsection (a).
(d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require Bi-County to cover costs to be incurred by the Sec-
retary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyances under this section, including
survey costs, costs related to environmental documentation, and
other administrative costs related to the conveyances. If amounts
are collected from Bi-County in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs actually
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incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to Bi-County.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyances.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under this section shall
be determined by surveys satisfactory to the Secretary and Bi-
County.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 2843. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT,
DOYLINE, LOUISIANA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the State of Louisiana (in this
section referred to as the ‘‘State’’) all right, title, and interest
of the United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 14,949 acres
located at the Louisiana Army Ammunition Plant, Doyline, Lou-
isiana.
(b) CONDITIONS OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the following conditions:
(1) That at least 13,500 acres of the real property conveyed
under such subsection is maintained by the State for the pur-
pose of military training, unless the Secretary determines that
fewer acres are required for such purpose.
(2) That the State ensure that any other uses made of
the conveyed property do not adversely impact such military
training.
(3) That the State accommodate the use of the conveyed
property, at no cost or fee, for meeting the present and future
training needs of units of the Armed Forces, including units
of the Louisiana National Guard and the other active and
reserve components of the Armed Forces.
(4) That the State assume the rights and responsibilities
of the Department of the Army under the armaments retooling
manufacturing support agreement between the Department of
the Army and the facility use contractor with respect to the
Louisiana Army Ammunition Plant, in accordance with the
terms of such agreement in effect at the time of the conveyance.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the State to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the State in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the State.
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(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the State.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2844. LAND CONVEYANCE, FORT LEONARD WOOD, MISSOURI.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the State of Missouri (in this
section referred to as the ‘‘State’’) all right, title, and interest
of the United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 227.7 acres at
Fort Leonard Wood, Missouri, for the purpose of permitting the
State to establish on the property a State-operated cemetery for
veterans of the Armed Forces.
(b) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in and
to the property shall revert, at the option of the Secretary, to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record after
an opportunity for a hearing.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the State to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the State in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs actually
incurred by the State to carry out the conveyance, the Secretary
shall refund the excess amount to the State. The authority of
the Secretary to require the State to cover administrative costs
related to the conveyance does not include costs related to any
environmental remediation required for the property.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
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(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2845. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE
SUPPLY CENTER, COLUMBUS, OHIO.
(a) TRANSFER AUTHORIZED.—The Secretary of the Army may
transfer, without reimbursement, to the administrative jurisdiction
of the Secretary of Veterans Affairs a parcel of real property con-
sisting of approximately 20 acres and comprising a portion of the
Defense Supply Center in Columbus, Ohio.
(b) USE OF PROPERTY.—The Secretary of Veterans Affairs may
only use the property transferred under subsection (a) as the site
for the construction of a new outpatient clinic for the provision
of medical services to veterans.
(c) COSTS.—Any administrative costs in connection with the
transfer of property under subsection (a), including the costs of
the survey required by subsection (e), shall be borne by the Sec-
retary of Veterans Affairs.
(d) RETURN OF JURISDICTION TO ARMY.—If construction of the
outpatient clinic described in subsection (b) has not commenced
on the property transferred under subsection (a) by the end of
the three-year period beginning on the date on which the property
is transferred, the Secretary of Veterans Affairs shall return, at
the request of the Secretary of the Army, administrative jurisdiction
over the property to the Secretary of the Army.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be transferred under subsection
(a) shall be determined by a survey satisfactory to the Secretary
of the Army.
SEC. 2846. JURISDICTION AND UTILIZATION OF FORMER PUBLIC
DOMAIN LANDS, UMATILLA CHEMICAL DEPOT, OREGON.
(a) RETENTION OF JURISDICTION.—The various parcels of real
property consisting of approximately 8,300 acres within the bound-
aries of Umatilla Chemical Depot, Oregon, that were previously
withdrawn from the public domain are no longer suitable for return
to the public domain and shall remain under the administrative
jurisdiction of the Secretary of the Army.
(b) UTILIZATION.—The Secretary shall combine the real property
described in subsection (a) with other real property comprising
the Umatilla Chemical Depot for purposes of their management
and disposal pursuant to title II of the Defense Authorization
Amendments and Base Closure and Realignment Act of 1988 (Public
Law 100–526; 10 U.S.C. 2687 note) and other applicable law.
SEC. 2847. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE,
EQUIPMENT AND STORAGE YARD, CHARLESTON, SOUTH
CAROLINA.
Subsection (h) of section 563 of the Water Resources Develop-
ment Act of 1999 (Public Law 106–53; 113 Stat. 360) is amended
to read as follows:
‘‘(h) CHARLESTON, SOUTH CAROLINA.—
‘‘(1) CONVEYANCE AUTHORIZED.—The Secretary may convey
to the City of Charleston, South Carolina (in this subsection
referred to as the ‘City’), all right, title, and interest of the
United States in and to a parcel of real property of the Corps
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of Engineers, including any improvements thereon, that is
known as the Equipment and Storage Yard and consists of
approximately 1.06 acres located on Meeting Street in
Charleston, South Carolina. The property shall be conveyed
in as-is condition.
‘‘(2) CONSIDERATION.—As consideration for the conveyance
under this subsection, the City shall provide the United States,
whether by cash payment, in-kind consideration, or a combina-
tion thereof, an amount that is not less than the fair market
value of the property conveyed, as determined by the Secretary.
‘‘(3) USE OF PROCEEDS.—(A) Notwithstanding any require-
ments associated with the Plant Replacement and Improvement
Program, amounts received as consideration under paragraph
(2) may be used by the Corps of Engineers, Charleston
District—
‘‘(i) to lease, purchase, or construct an office facility
within the boundaries of Charleston, Berkeley, or Dor-
chester County, South Carolina;
‘‘(ii) to cover costs associated with the design and fur-
nishing of such facility; and
‘‘(iii) to satisfy any Plant Replacement and Improve-
ment Program balances.
‘‘(B) Any amounts received as consideration under para-
graph (2) that are in excess of the fair market value of the
real property conveyed under this subsection may be used
for any authorized activities of the Corps of Engineers,
Charleston District.
‘‘(4) DESCRIPTION OF PROPERTY.—The exact acreage and
legal description of the real property to be conveyed under
this subsection and any property transferred to the United
States as consideration under paragraph (2) shall be determined
by surveys satisfactory to the Secretary.
‘‘(5) ADDITIONAL TERMS AND CONDITIONS.—The Secretary
may require such additional terms and conditions in connection
with the conveyance under this subsection as the Secretary
considers appropriate to protect the interests of the United
States.’’.
SEC. 2848. LAND CONVEYANCE, FORT HOOD, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to the Texas A&M University System of the State of Texas
(in this section referred to as the ‘‘University System’’) all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of approxi-
mately 662 acres at Fort Hood, Texas, for the sole purpose of
permitting the University System to establish on the property an
upper level (junior, senior, and graduate) university that will be
State-supported, separate from other universities of the University
System, and designated as Texas A&M University, Central Texas.
(b) CONSIDERATION.—(1) As consideration for the conveyance
under subsection (a), the University System shall pay to the United
States an amount equal to the fair market value of the conveyed
property, as determined pursuant to an appraisal acceptable to
the Secretary.
(2) In lieu of all or a portion of the cash consideration required
by paragraph (1), the Secretary may accept in-kind consideration,
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including the conveyance by the University System of real property
acceptable to the Secretary.
(c) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that the Secretary
determine that the conveyance of the property and the establish-
ment of a university on the property will not adversely impact
the operation of Robert Grey Army Airfield, which is located on
Fort Hood approximately one mile from the property authorized
for conveyance.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the University System.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 
2849. 
LAND 
CONVEYANCE, 
LOCAL 
TRAINING 
AREA 
FOR
BROWNING ARMY RESERVE CENTER, UTAH.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the State of Utah (in this section
referred to as the ‘‘State’’) all right, title, and interest of the United
States in and to a parcel of unimproved real property consisting
of approximately 10 acres of the Local Training Area for the
Browning Army Reserve Center, Utah, for the purpose of facilitating
the construction and operation of a nursing-care facility for vet-
erans. The parcel to be conveyed under this subsection shall be
selected by the Secretary in consultation with the State.
(b) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in and
to the property shall revert, at the option of the Secretary, to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record after
an opportunity for a hearing.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the State to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts paid
to the Secretary in advance exceed the costs actually incurred
by the Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the State.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary. Amounts so credited shall
be merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
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(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2850. LAND CONVEYANCE, ARMY RESERVE CENTER, HAMPTON,
VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Hampton City School Board
of Hampton, Virginia (in this section referred to as the ‘‘Board’’),
all right, title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, that consists
of approximately 13.42 acres, is located on Downey Farm Road
in Hampton, Virginia, and is known as the Butler Farm United
States Army Reserve Center for the purpose of permitting the
Board to use the property for public education purposes.
(b) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that the Board accept
the real property described in subsection (a) in its condition at
the time of the conveyance, commonly known as conveyance ‘‘as
is’’.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the Board to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the Board in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the Board.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2851. LAND CONVEYANCE, ARMY NATIONAL GUARD FACILITY,
SEATTLE, WASHINGTON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the State of Washington (in this
section referred to as the ‘‘State’’) all right, title, and interest
of the United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 9.747 acres
in Seattle, Washington, and comprising a portion of the National
Guard Facility, Pier 91, for the purpose of permitting the State
to convey the facility unencumbered for economic development pur-
poses.
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(b) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that the State accept
the real property in its condition at the time of the conveyance,
commonly known as conveyance ‘‘as is’’.
(c) ADMINISTRATIVE EXPENSES.—(1) The State shall reimburse
the Secretary for the administrative expenses incurred by the Sec-
retary in carrying out the conveyance under subsection (a),
including expenses related to surveys and legal descriptions,
boundary monumentation, environmental surveys, necessary docu-
mentation, travel, and deed preparation.
(2) Section 2695(c) of title 10, United States Code, shall apply
to any amounts received by the Secretary as reimbursement under
this subsection.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the United States, subject
to the requirement for reimbursement under subsection (c).
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2852. MODIFICATION OF LAND EXCHANGE AND CONSOLIDATION,
FORT LEWIS, WASHINGTON.
(a) PROPERTY
TO BE TRANSFERRED
TO SECRETARY
OF
THE
INTERIOR IN TRUST.—Subsection (a)(1) of section 2837 of the Mili-
tary Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107–107; 115 Stat. 1315) is amended—
(1) by striking ‘‘may convey to’’ and inserting ‘‘may transfer
to the Secretary of the Interior, in trust for’’; and
(2) by striking ‘‘Washington, in’’ and all that follows
through the period and inserting ‘‘Washington. The Secretary
of the Army may make the transfer under the preceding sen-
tence, and the Secretary of the Interior may accept the property
transferred in trust for the Nisqually Tribe under the preceding
sentence, only in conjunction with the conveyance described
in subsection (b)(2).’’.
(b) INCREASE
IN ACREAGE
TO BE TRANSFERRED.—Such sub-
section is further amended by striking ‘‘138 acres’’ and inserting
‘‘168 acres’’.
(c) QUALIFICATION ON PROPERTY TO BE TRANSFERRED.—Sub-
section (a)(2) of such section is amended—
(1) by striking ‘‘conveyance’’ and inserting ‘‘transfer’’; and
(2) by striking ‘‘or the right of way described in subsection
(c)’’ and inserting ‘‘located on the real property transferred
under that paragraph’’.
(d) 
CONSIDERATION.—Subsection 
(b) 
of 
such 
section 
is
amended—
(1) in the matter preceding paragraph (1), by striking
‘‘conveyance’’ and inserting ‘‘transfer’’; and
(2) in paragraph (2), by striking ‘‘fee title over the acquired
property to the Secretary’’ and inserting ‘‘to the United States
fee title to the property acquired under paragraph (1), free
from all liens, encumbrances or other interests other than
those, if any, acceptable to the Secretary of the Army’’.
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(e) TREATMENT OF EXISTING PERMIT RIGHTS; GRANT OF EASE-
MENT.—Such section is further amended—
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new sub-
section:
‘‘(d) TREATMENT OF EXISTING PERMIT RIGHTS; GRANT OF EASE-
MENT.—(1) The transfer under subsection (a) recognizes and pre-
serves to the Bonneville Power Administration, in perpetuity and
without the right of revocation except as provided in paragraph
(2), rights in existence at the time of the conveyance under the
permit dated February 4, 1949, as amended January 4, 1952,
between the Department of the Army and the Bonneville Power
Administration with respect to any portion of the property trans-
ferred under subsection (a) upon which the Bonneville Power
Administration retains transmission facilities. The rights recognized
and preserved include the right to upgrade those transmission
facilities.
‘‘(2) The permit rights recognized and preserved under para-
graph (1) shall terminate only upon the Bonneville Power Adminis-
tration’s relocation of the transmission facilities referred to in para-
graph (1), and then only with respect to that portion of those
transmission facilities that are relocated.
‘‘(3) The Secretary of the Interior, as trustee for the Nisqually
Tribe, shall grant to the Bonneville Power Administration, without
consideration and subject to the same rights recognized and pre-
served in paragraph (1), such additional easements across the prop-
erty transferred under subsection (a) as the Bonneville Power
Administration considers necessary to accommodate the relocation
or reconnection of Bonneville Power Administration transmission
facilities from property owned by the Tribe and held by the Sec-
retary of the Interior in trust for the Tribe.’’.
(f) CONFORMING AMENDMENTS.—(1) Subsection (c) of such sec-
tion is amended by inserting ‘‘of the Army’’ after ‘‘Secretary’’.
(2) Subsection (e) of such section (as redesignated by subsection
(e)(1)) is amended—
(A) by striking ‘‘conveyed’’ and inserting ‘‘transferred’’;
(B) by inserting ‘‘of the Army’’ after ‘‘Secretary’’; and
(C) by striking ‘‘the recipient of the property being sur-
veyed’’ and inserting ‘‘the Tribe, in the case of the transfer
under subsection (a), and the Secretary of the Army, in the
case of the acquisition under subsection (b)’’.
(3) Subsection (f) of such section (as redesignated by subsection
(e)(1)) is amended—
(A) by inserting ‘‘of the Army’’ after ‘‘Secretary’’ both place
it appears; and
(B) by striking ‘‘conveyances under this section’’ and
inserting ‘‘transfer under subsection (a) and conveyances under
subsections (b)(2) and (c)’’.
PART II—NAVY CONVEYANCES
SEC. 2861. LAND EXCHANGE, FORMER RICHMOND NAVAL AIR STATION,
FLORIDA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to the University of Miami, Miami, Florida (in this section
referred to as the ‘‘University’’), all right, title, and interest of
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the United States in and to certain parcels of real property, together
with any improvements thereon, consisting of approximately 14
acres and located in the vicinity of the former Richmond Naval
Air Station, Florida, in order to facilitate force protection and secu-
rity needs of Department of Defense facilities located on the former
Richmond Naval Air Station.
(b) RELEASE
OF EASEMENTS.—As part of the conveyance of
property authorized by subsection (a), the Secretary may also—
(1) release and extinguish any interest of the United States
in a clearance easement on the western portion of the property
of the University; and
(2) release and extinguish any interest of the United States
in a certain easement for ingress and egress extending south-
west and south from Southwest 127th Street along the western
property line of a certain portion of United States property
referred to as ‘‘IE2’’ in the Agreement in Principle referred
to in subsection (e)(2).
(c) CONSIDERATION.—As consideration for the conveyance of
property authorized by subsection (a) and the release and
extinguishment of interests authorized by subsection (b), the
University shall—
(1) convey to the United States all right, title, and interest
of the University in and to certain parcels of real property,
together with any improvements thereon, consisting of approxi-
mately 12 acres;
(2) grant to the United States such easement over a parcel
of real property located along the western boundary of the
property of the University as the Secretary considers appro-
priate to permit the United States to exercise dominion and
control over the portion of the western boundary of the property
of the University that has been, or may be, designated as
Natural Forest Community habitat;
(3) construct and install a berm and fence security system
along the entirety of the new property line between the United
States and the University;
(4) relocate the existing security gate and guard building,
or establish a new security gate and guard building similar
in design and size to the existing security gate and guard
building, at a point where the property of the United States
and the University intersect on the existing ingress-egress road;
and
(5) construct a new two-lane access road from Southwest
152nd Street at the western boundary of the property of the
University to a point that connects with the existing road
on the property of the United States (commonly referred to
as the ‘‘FAA Road’’).
(d) CONSTRUCTION WITH PREVIOUS CONVEYANCE.—Any restric-
tions on the use as an animal research facility of a certain parcel
of real property, consisting of approximately 30 acres, conveyed
by the Secretary of Health and Human Services to the University
pursuant to section 647 of the Omnibus Consolidated Appropriations
Act, 1997 (Public Law 104–208; 110 Stat. 3009–366) shall terminate
upon the execution of the agreement of exchange required by sub-
section (e).
(e) TERMS OF EXCHANGE.—(1) The Secretary and the University
shall carry out the conveyances and releases of interest authorized
by this section pursuant to an agreement of exchange (to be known
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PUBLIC LAW 108–375—OCT. 28, 2004
as the ‘‘Exchange Agreement’’) between the Secretary and the
University.
(2) The agreement of exchange shall conform to, and develop
with more particularity, the Agreement in Principle executed by
the United States and the University on July 13 through 15, 2004.
(f) PAYMENT OF COSTS.—(1) The Secretary may require the
University to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyances under this section and the release and
grants of interests under this section, including survey costs, costs
related to environmental documentation, and other administrative
costs related to such activities. If amounts paid to the Secretary
in advance exceed the costs actually incurred by the Secretary
to carry out such activities, the Secretary shall refund the excess
amount to the University.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary. Amounts so credited shall
be merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under this section, and
of the interests to be released or granted under this section, shall
be determined by surveys satisfactory to the Secretary.
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section, and the release and grants
of interests under this section, as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 2862. LAND CONVEYANCE, HONOLULU, HAWAII.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey, without consideration but subject to the conditions specified
in subsection (b), to the City and County of Honolulu, Hawaii,
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting of
approximately 5.16 acres located at 890 Valkenberg Avenue, Hono-
lulu, Hawaii, and currently used by the City and County of Honolulu
as the site of a fire station and firefighting training facility. The
purpose of the conveyance is to enhance the capability of the City
and County of Honolulu to provide fire protection and firefighting
services to the civilian and military properties in the area and
to provide a location for firefighting training for civilian and military
personnel.
(b) CONDITIONS OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the following conditions:
(1) That the City and County of Honolulu accept the real
property in its condition at the time of the conveyance, com-
monly known as conveyance ‘‘as is’’.
(2) That the City and County of Honolulu make the fire-
fighting training facility available to the fire protection and
firefighting units of the military departments for training not
less than two days per week on terms satisfactory to the Sec-
retary.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
shall require the City and County of Honolulu to cover costs to
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118 STAT. 2147
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be incurred by the Secretary, or to reimburse the Secretary for
costs incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to environmental
documentation, and other administrative costs related to the convey-
ance. If amounts are collected from the City and County of Honolulu
in advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the Sec-
retary to carry out the conveyance, the Secretary shall refund
the excess amount, without interest, to the City and County of
Honolulu.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2863. LAND CONVEYANCE, NAVY PROPERTY, FORMER FORT
SHERIDAN, ILLINOIS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey, without consideration, to the State of Illinois, a political
subdivision of the State, or a nonprofit land conservation organiza-
tion (in this section referred to as the ‘‘grantee’’) all right, title,
and interest of the United States in and to certain parcels of
real property consisting of a total of approximately 25 acres of
environmentally sensitive land at the former Fort Sheridan, Illinois,
for the purpose of ensuring the permanent protection of the land.
(b) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used or maintained in accordance with the purpose
of the conveyance specified in such subsection, all right, title, and
interest in and to the property shall revert, at the option of the
Secretary, to the United States, and the United States shall have
the right of immediate entry onto the property. Any determination
of the Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(c) RECONVEYANCE AUTHORIZED.—The Secretary may permit
the grantee to convey the real property conveyed under subsection
(a) to another eligible entity described in such subsection, subject
to the same covenants and terms and conditions as provided in
the deed from the United States.
(d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
shall require the grantee to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental documenta-
tion, and other administrative costs related to the conveyance.
If amounts are collected from the grantee in advance of the Sec-
retary incurring the actual costs, and the amount collected exceeds
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the costs actually incurred by the Secretary to carry out the convey-
ance, the Secretary shall refund the excess amount to the grantee.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
(g) USE OF ALTERNATE CONVEYANCE AUTHORITY.—In lieu of
using the authority provided by this section to convey the real
property described in subsection (a), the Secretary may elect to
include the property in a conveyance authorized by section 2878
of title 10, United States Code, subject to such terms, reservations,
restrictions, and conditions as may be necessary to ensure the
permanent protection of the property, if the Secretary determines
that a conveyance under such section is advantageous to the
interests of the United States.
SEC. 2864. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER,
MARYLAND.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the State of Maryland (in this section referred to as
‘‘State’’) all right, title, and interest of the United States in and
to a parcel of real property, including improvements thereon, con-
sisting of approximately five acres at Naval Air Station, Patuxent
River, Maryland, and containing the Point Lookout Lighthouse,
other structures related to the lighthouse, and an archaeological
site pertaining to the military hospital that was located on the
property during the Civil War. The conveyance shall include arti-
facts pertaining to the military hospital recovered by the Navy
and held at the installation.
(b) PROPERTY RECEIVED IN EXCHANGE.—As consideration for
the conveyance of the real property under subsection (a), the State
shall convey to the United States a parcel of real property at
Point Lookout State Park, Maryland, consisting of approximately
five acres, or a smaller parcel that the Secretary considers sufficient
and such related property interests as the Secretary and the State
may agree to.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the State to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, relocation
expenses incurred in connection with the acquisition of real property
under subsection (b), and other administrative costs related to
the conveyance. If amounts are collected from the State in advance
of the Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out
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the conveyance, the Secretary shall refund the excess amount to
State.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the properties to be conveyed under this section
shall be determined by surveys satisfactory to the Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 
2865. 
MODIFICATION 
OF 
LAND 
ACQUISITION 
AUTHORITY,
PERQUIMANS COUNTY, NORTH CAROLINA.
Section 2846 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat.
1320) is amended by striking ‘‘240 acres’’ and insert ‘‘840 acres’’.
SEC. 
2866. 
LAND 
CONVEYANCE, 
NAVAL 
WEAPONS 
STATION,
CHARLESTON, SOUTH CAROLINA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the Berkeley County Sanitation Authority, South Carolina
(in this section referred to as the ‘‘Authority’’), all right, title,
and interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of not more than
38 acres and comprising a portion of the Naval Weapons Station,
Charleston, South Carolina, for the purpose of allowing the
Authority to expand an existing sewage treatment plant.
(b) CONSIDERATION.—(1) As consideration for the conveyance
of the real property under subsection (a), the Authority shall provide
the United States, whether by cash payment, in-kind services,
or a combination thereof, an amount that is not less than the
fair market value of the conveyed property.
(2) The fair market value of the real property conveyed under
subsection (a) shall be determined by an appraisal acceptable to
the Secretary.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the Authority to cover costs incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the Authority in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the Authority.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be made available for the same purposes,
and subject to the same conditions and limitations, as amounts
in such fund or account.
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(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2867. LAND CONVEYANCE, NAVY YMCA BUILDING, PORTSMOUTH,
VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the City of Portsmouth, Virginia (in this section referred
to as the ‘‘City’’), all right, title, and interest of the United States
in and to a parcel of real property, including any improvements
thereon, consisting of approximately 0.49 acres located at 517 King
Street in Portsmouth, Virginia, and known as the ‘‘Navy YMCA
Building’’, for the purpose of permitting the City to use the property
for economic revitalization purposes.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the City shall provide the United States, whether
by cash payment, in-kind consideration, or a combination thereof,
an amount equal to the costs related to the environmental remedi-
ation of the real property to be conveyed.
(c) PAYMENT OF OTHER COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the City to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental documenta-
tion, and other administrative costs related to the conveyance.
If amounts paid to the Secretary in advance exceed the costs actu-
ally incurred by the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the City.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary. Amounts so credited shall
be merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
PART III—AIR FORCE CONVEYANCES
SEC. 2871. LAND EXCHANGE, MAXWELL AIR FORCE BASE, ALABAMA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force
may convey to the City of Montgomery, Alabama (in this section
referred to as the ‘‘City’’), all right, title, and interest of the United
States in and to a parcel of real property, including improvements
thereon, consisting of approximately 28 acres and containing the
Maxwell Heights Housing site at Maxwell Air Force Base, Alabama.
(b) CONSIDERATION.—(1) As consideration for the conveyance
of the real property under subsection (a), the City shall convey
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to the United States a parcel of real property, including any
improvements thereon, located contiguous to Maxwell Air Force
Base, consisting of approximately 35 acres, and designated as
project AL 6–4, for the purpose of allowing the Secretary to incor-
porate the parcel into a project for the acquisition or improvement
of military housing. The military housing project may consist of
or include a project conducted under the authority of subchapter
IV of chapter 169 of title 10, United States Code. The Secretary
shall have jurisdiction over the real property received under this
paragraph.
(2) If the fair market value of the real property received under
paragraph (1) is less than the fair market value of the real property
conveyed under subsection (a), the Secretary may require the City
to make up the difference through the payment of cash, the provi-
sion of in-kind consideration, or a combination thereof, to be deter-
mined pursuant to negotiations between the Secretary and the
City.
(3) The fair market values of the real property to be exchanged
under this section shall be determined by appraisals acceptable
to the Secretary and the City.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the City to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyances under subsections (a) and (b), including
survey costs, costs related to environmental documentation, and
other administrative costs related to the conveyances. If amounts
are collected from the City in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyances, the Sec-
retary shall refund the excess amount to the City.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyances.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the properties to be conveyed under this section
shall be determined by surveys satisfactory to the Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 2872. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force
may convey to the March Joint Powers Authority (in this section
referred to as the ‘‘Authority’’) all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 15 acres located
in Riverside County, California, and containing the former Defense
Reutilization and Marketing Office facility for March Air Force
Base, which is also known as Parcel A–6, for the purpose of permit-
ting the Authority to use the property for economic development
and revitalization.
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PUBLIC LAW 108–375—OCT. 28, 2004
(b) CONSIDERATION.—As consideration for the conveyance of
the real property under subsection (a), the Authority shall pay
the United States an amount equal to the fair market value of
the conveyed property, as determined by the Secretary. The pay-
ment shall be deposited in the special account in the Treasury
referred to in paragraph (5) of section 572(b) of title 40, United
States Code, and shall be available as provided in subparagraph
(B)(ii) of such paragraph.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Authority.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2873. LAND CONVEYANCE, FORMER GRIFFISS AIR FORCE BASE,
NEW YORK.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Air
Force may convey to the Oneida County Industrial Development
Agency, New York, the local reuse authority for the former Griffiss
Air Force Base (in this section referred to as the ‘‘Authority’’),
all right, title and interest of the United States in and to two
parcels of real property consisting of 7.897 acres and 1.742 acres
and containing the four buildings specified in paragraph (2), which
were vacated by the Air Force in conjunction with its relocation
to the Consolidated Intelligence and Reconnaissance Laboratory
at Air Force Research Laboratory—Rome Research Site, Rome,
New York.
(2) The buildings referred to in paragraph (1) are the following:
(A) Building 240 (117,323 square feet).
(B) Building 247 (13,199 square feet).
(C) Building 248 (4,000 square feet).
(D) Building 302 (20,577 square feet).
(3) The purpose of the conveyance under this subsection is
to permit the Authority to develop the parcels and buildings for
economic purposes in a manner consistent with section 2905 of
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).
(b) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that the Authority
accept the real property in its condition at the time of the convey-
ance, commonly known as conveyance ‘‘as is’’.
(c) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the Authority shall provide the United States,
whether by cash payment, in-kind contribution, or a combination
thereof, an amount equal to the fair market of value of the conveyed
real property, as determined by the Secretary.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Authority.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
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118 STAT. 2153
PUBLIC LAW 108–375—OCT. 28, 2004
PART IV—OTHER CONVEYANCES
SEC. 2881. LAND EXCHANGE, ARLINGTON COUNTY, VIRGINIA.
(a) EXCHANGE AUTHORIZED.—The Secretary of Defense may
convey to Arlington County, Virginia (in this section referred to
as the ‘‘County’’), all right, title, and interest of the United States
in and to a parcel of real property, together with any improvements
thereon, that consists of not more than 4.5 acres and is located
north of Columbia Pike on the Navy Annex property in Arlington
County, Virginia, for the purpose of the construction of a freedmen
heritage museum and an Arlington history museum.
(b) CONSIDERATION.—As consideration for the conveyance of
the real property under subsection (a), the County shall convey
to the United States all right, title, and interest of the County
in and to a parcel of real property, together with any improvements
thereon, that is of a size equivalent to the total acreage of the
real property conveyed by the Secretary under subsection (a) and
is located in the area known as the Southgate Road right-of-way
between Arlington National Cemetery, Virginia, and the Navy
Annex property.
(c) SELECTION OF PROPERTY FOR CONVEYANCE.—The Secretary,
in consultation with the County, shall determine the acreage of
the parcels of real property to be exchanged under this section,
and such determination shall be final. In selecting the real property
for conveyance to the County under subsection (a), the Secretary
shall seek—
(1) to provide the County with sufficient property for
museum construction that is compatible with, and honors, the
history of the freedmen’s village that was located in the area
and the heritage of the County;
(2) to preserve the appropriate traditions of Arlington
National Cemetery; and
(3) to maintain the amount of acreage currently available
for potential grave sites at Arlington National Cemetery.
(d) PAYMENT OF COSTS OF CONVEYANCES.—(1) The Secretary
may require the County to cover costs to be incurred by the Sec-
retary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyances under subsections (a) and
(b), including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ances. If amounts are collected from the County in advance of
the Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess amount to
the County.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyances.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under this section
shall be determined by surveys satisfactory to the Secretary.
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118 STAT. 2154
PUBLIC LAW 108–375—OCT. 28, 2004
(f) REVERSIONARY INTEREST.—(1) If at any time the Secretary
determines that the property conveyed to the County under sub-
section (a) is not being used for the purposes stated in that sub-
section, then, at the option of the Secretary, all right, title, and
interest in and to the property, including any improvements
thereon, shall revert to the United States, and the United States
shall have the right of immediate entry onto the property.
(2) If the Secretary exercises the reversionary interest provided
for in paragraph (1), the Secretary shall pay the County, from
amounts available to the Secretary for military construction for
the Defense Agencies, an amount equal to the fair market value
of the property that reverts to the United States, as determined
by the Secretary.
(g) INCLUSION OF SOUTHGATE ROAD RIGHT-OF-WAY PROPERTY
IN TRANSFER OF NAVY ANNEX PROPERTY FOR ARLINGTON NATIONAL
CEMETERY.—Subsection (a) of section 2881 of the Military Construc-
tion Authorization Act for Fiscal Year 2000 (division B of Public
Law 106–65; 113 Stat. 879) is amended by striking ‘‘three parcels
of real property consisting of approximately 36 acres’’ and inserting
‘‘four parcels of real property consisting of approximately 40 acres’’.
(h) TERMINATION OF RESERVATION OF CERTAIN NAVY ANNEX
PROPERTY FOR MEMORIALS OR MUSEUMS.—(1) Subsection (b) of such
section, as amended by section 2863(f) of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public Law
107–107; 115 Stat. 1332) and section 2851(a)(1) of the Military
Construction Authorization Act for Fiscal Year 2003 (division B
of Public Law 107–314; 116 Stat. 2726), is further amended—
(A) by striking ‘‘(1) Subject to paragraph (2), the Secretary’’
and inserting ‘‘The Secretary’’; and
(B) by striking paragraph (2).
(2) Subsection (d)(2) of such section, as amended by section
2851(a)(2) of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107–314; 116 Stat. 2726),
is further amended—
(A) by striking ‘‘(A)’’; and
(B) by striking ‘‘, and (B)’’ and all that follows through
‘‘Museum.’’ and inserting a period.
(3) Subsection (f) of such section is amended by striking
‘‘reserved under subsection (b)(2) and of the portion’’.
(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States.
Subtitle E—Other Matters
SEC. 2891. ONE-YEAR RESUMPTION OF DEPARTMENT OF DEFENSE LAB-
ORATORY REVITALIZATION DEMONSTRATION PROGRAM.
Section 2892(g) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2805 note) is
amended by striking ‘‘September 30, 2003’’ and inserting ‘‘Sep-
tember 30, 2005’’.
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118 STAT. 2155
PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 2892. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL AT LUKE
AIR FORCE BASE, ARIZONA, IN HONOR OF JOHN J.
RHODES, A FORMER MINORITY LEADER OF THE HOUSE
OF REPRESENTATIVES.
The Airmen Leadership School at Luke Air Force Base, Arizona,
building 156, shall be known and designated as the ‘‘John J. Rhodes
Airmen Leadership School’’. Any reference to such facility in any
law, regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the John J. Rhodes
Airmen Leadership School.
SEC. 2893. SETTLEMENT OF CLAIM OF OAKLAND BASE REUSE
AUTHORITY AND REDEVELOPMENT AGENCY.
(a) AUTHORITY TO SETTLE CLAIM.—The Secretary of the Navy
may make a payment in the amount of $2,100,000 to the Oakland
Base Reuse Authority and Redevelopment Agency of the City of
Oakland, California, in settlement of Oakland Base Reuse Authority
and Redevelopment Agency of the City of Oakland v. the United
States, Case No. C02–4652 MHP, United States District Court,
Northern District of California, including any appeal.
(b) RELEASE OF CLAIM.—The payment made under subsection
(a) shall be in full satisfaction of all claims of the Oakland Base
Reuse Authority and Redevelopment Agency against the United
States related to the case referred to in subsection (a), and the
Oakland Base Reuse Authority and Redevelopment Agency shall
give to the Secretary a release of all claims to 18 officer housing
units and related real property located at the former Naval Medical
Center Oakland, California. The release shall be in a form that
is satisfactory to the Secretary.
(c) SOURCE OF FUNDS FOR SETTLEMENT.—To make the payment
authorized by subsection (a), the Secretary may use—
(1) funds in the Department of Defense Base Closure
Account 1990; or
(2) the proceeds from the sale of the housing units and
property described in subsection (b).
SEC. 2894. REPORT ON ESTABLISHMENT OF MOBILIZATION STATION
AT CAMP RIPLEY NATIONAL GUARD TRAINING CENTER,
LITTLE FALLS, MINNESOTA.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report regarding the feasibility of using Camp Ripley National
Guard Training Center in Little Falls, Minnesota, as a mobilization
station for members of a reserve component ordered to active duty
under any provision of law specified in section 101(a)(13)(B) of
title 10, United States Code. The report shall include a discussion
of the actions necessary to establish the center as a mobilization
station.
SEC. 2895. REPORT ON FEASIBILITY OF ESTABLISHMENT OF VETERANS
MEMORIAL AT MARINE CORPS AIR STATION, EL TORO,
CALIFORNIA.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to Congress a
report on whether the anticipated future uses of the former Marine
Corps Air Station, El Toro, California, by the City of Irvine, Cali-
fornia, would permit the establishment and maintenance, at no
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118 STAT. 2156
PUBLIC LAW 108–375—OCT. 28, 2004
cost to the United States, of a veterans memorial at the former
installation.
SEC. 2896. SENSE OF CONGRESS REGARDING EFFECT OF MILITARY
HOUSING 
POLICIES 
AND 
FORCE 
STRUCTURE 
AND
BASING CHANGES ON LOCAL EDUCATIONAL AGENCIES.
(a) FINDINGS.—Congress finds the following:
(1) There are approximately 750,000 school-aged children
of members of the active duty Armed Forces in the United
States.
(2) Approximately 650,000 of those students are currently
attending public elementary or secondary schools in the United
States.
(3) Changes to the military family housing policies of the
military departments affect both military housing requirements
and the number of dependent children living on military
installations in the United States.
(4) Proposed restationing of units of the Armed Forces
worldwide, including the return of a significant number of
members of the Armed Forces stationed overseas to the United
States and the Army proposal to modify its force structure
to establish so-called units of action, will increase military
housing requirements at military installations in the United
States and may result in the need for additional educational
facilities at such installations and in the adjacent communities.
(5) To help provide sufficient housing for members of the
Armed Forces and their families, the Secretaries of the military
departments intend to continue to use the authorities provided
in subchapter IV of chapter 169 of title 10, United States
Code, to carry out privatization initiatives that will improve
or replace an additional 120,000 military family housing units
in the United States.
(6) The Secretaries of the military departments may include
the construction of school facilities as one of the ancillary
supporting facilities authorized as part of a privatization initia-
tive carried out under such subchapter.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Department of Defense should—
(1) consider the effects that changes in force structure
and overseas stationing arrangements will have on—
(A) military housing requirements at specific military
installations in the United States;
(B) the number of school-aged military dependents at
those installations; and
(C) the need for additional educational facilities to
serve such dependents; and
(2) consult with local communities and local educational
agencies about the best ways to address such changing housing
requirements and satisfy the need for additional educational
facilities, including using the authority of subchapter IV of
chapter 169 of title 10, United States Code, to include the
construction of educational facilities as one of the ancillary
supporting facilities authorized as part of military privatization
housing initiatives.
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118 STAT. 2157
PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 2897. SENSE OF CONGRESS AND STUDY REGARDING MEMORIAL
HONORING NON-UNITED STATES CITIZENS KILLED IN
THE LINE OF DUTY WHILE SERVING IN THE UNITED
STATES ARMED FORCES.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
a memorial marker or monument should be designed and placed
in an appropriate location to honor the service and sacrifice of
individuals who, although not United States citizens, served in
the United States Armed Forces and were killed in the line of
duty.
(b) STUDY.—The Secretary of the Army, in consultation with
the Secretary of Veterans Affairs and the American Battle Monu-
ments Commission, shall conduct a study examining the feasibility
of placing in Arlington National Cemetery, or some other appro-
priate location, a memorial marker honoring the service and sac-
rifice of non-United States citizens killed in the line of duty while
serving in the Armed Forces.
(c) CONTENT OF STUDY.—The study required by subsection (b)
shall include the following:
(1) A discussion of the historical development of Arlington
National Cemetery.
(2) Comprehensive information on the memorial markers
presently located in Arlington National Cemetery.
(3) A description of any limitations affecting the ability
to establish new monuments, markers, tributes, or plaques
in Arlington National Cemetery.
(4) A discussion of alternative locations outside of Arlington
National Cemetery that have been used for comparable memo-
rial markers.
(5) Recommendations for appropriate locations for a memo-
rial marker that may be considered.
(d) REPORT AND RECOMMENDATIONS.—Not later than April 1,
2005, the Secretary of the Army shall submit to the Committee
on Armed Services and the Committee on Veterans’ Affairs of
the House of Representatives and the Committee on Armed Services
and the Committee on Veterans’ Affairs of the Senate a report
containing the results of the study required by subsection (b),
together with any recommendations for an appropriate plan to
honor the service of non-United States citizens killed in the line
of duty while serving in the Armed Forces.
DIVISION C—DEPARTMENT OF ENERGY
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
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118 STAT. 2158
PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Report on requirements for Modern Pit Facility.
Sec. 3112. Two-year extension of authority for appointment of certain scientific, en-
gineering, and technical personnel.
Sec. 3113. Limited authority to carry out new projects under Facilities and Infra-
structure Recapitalization Program after project selection deadline.
Sec. 3114. Modification of milestone and report requirements for National Ignition
Facility.
Sec. 3115. Modification of submittal date of annual plan for stewardship, manage-
ment, and certification of warheads in the nuclear weapons stockpile.
Sec. 3116. Defense site acceleration completion.
Sec. 3117. Treatment of waste material.
Sec. 3118. Local stakeholder organizations for 2006 closure sites.
Sec. 3119. Report to Congress on Advanced Nuclear Weapons Concepts Initiative.
Subtitle C—Proliferation Matters
Sec. 3131. Modification of authority to use International Nuclear Materials Protec-
tion and Cooperation Program funds outside the former Soviet Union.
Sec. 3132. Acceleration of removal or security of fissile materials, radiological mate-
rials, and related equipment at vulnerable sites worldwide.
Sec. 3133. Silk Road Initiative.
Sec. 3134. Nuclear nonproliferation fellowships for scientists employed by United
States and Russian Federation.
Sec. 3135. Utilization of international contributions to the elimination of weapons
grade plutonium production program.
Subtitle D—Other Matters
Sec. 3141. Indemnification of Department of Energy contractors.
Sec. 3142. Report on maintenance of retirement benefits for certain workers at
2006 closure sites after closure of sites.
Sec. 3143. Report on efforts of National Nuclear Security Administration to under-
stand plutonium aging.
Sec. 3144. Support for public education in the vicinity of Los Alamos National Lab-
oratory, New Mexico.
Sec. 3145. Review of Waste Isolation Pilot Plant, New Mexico, pursuant to competi-
tive contract.
Sec. 3146. National Academy of Sciences study on management by Department of
Energy of certain radioactive waste streams.
Sec. 3147. Compensation of Pajarito Plateau, New Mexico, homesteaders for acqui-
sition of lands for Manhattan Project in World War II.
Sec. 3148. Modification of requirements relating to conveyances and transfer of cer-
tain land at Los Alamos National Laboratory, New Mexico.
Subtitle E—Energy Employees Occupational Illness Compensation Program
Sec. 3161. Contractor employee compensation.
Sec. 3162. Conforming amendments.
Sec. 3163. Technical amendments.
Sec. 3164. Transfer of funds for fiscal year 2005.
Sec. 3165. Use of Energy Employees Occupational Illness Compensation Fund for
certain payments to covered uranium employees.
Sec. 3166. Improvements to Subtitle B of Energy Employees Occupational Illness
Compensation Program Act of 2000.
Sec. 3167. Emergency Special Exposure Cohort meeting and report.
Sec. 3168. Coverage of individuals employed at atomic weapons employer facilities
during periods of residual contamination.
Sec. 3169. Update of report on residual contamination of facilities.
Sec. 3170. Sense of Congress on resource center for energy employees under Energy
Employee Occupational Illness Compensation Program in western New
York and western Pennsylvania region.
Subtitle A—National Security Programs
Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2005 for the activities of the National Nuclear Security
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118 STAT. 2159
PUBLIC LAW 108–375—OCT. 28, 2004
Administration in carrying out programs necessary for national
security in the amount of $9,082,300,000, to be allocated as follows:
(1) For weapons activities, $6,592,053,000.
(2) 
For 
defense 
nuclear 
nonproliferation 
activities,
$1,348,647,000.
(3) For naval reactors, $797,900,000.
(4) For the Office of the Administrator for Nuclear Security,
$343,700,000.
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out, for weapons
activities, the following new plant projects:
Project 05–D–140, project engineering and design, various
locations, $11,600,000.
Project 05–D–160, facilities and infrastructure recapitaliza-
tion program, project engineering and design, various locations,
$8,700,000.
Project 05–D–170, project engineering and design, safe-
guards and security, various locations, $17,000,000.
Project 05–D–401, production bays upgrade, Pantex Plant,
Amarillo, Texas, $25,100,000.
Project 05–D–402, beryllium capability project, Y–12
national security complex, Oak Ridge, Tennessee, $3,627,000.
Project 05–D–601, compressed air upgrades project, Y–12
national security complex, Oak Ridge, Tennessee, $4,400,000.
Project 05–D–602, power grid infrastructure upgrade, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$10,000,000.
Project 05–D–603, new master substation, Sandia National
Laboratories, Albuquerque, New Mexico, $600,000.
Project 05–D–701, security perimeter, Los Alamos National
Laboratory, Los Alamos, New Mexico, $20,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2005 for defense environmental
management activities in carrying out programs necessary for
national security in the amount of $6,957,307,000, to be allocated
as follows:
(1) For defense site acceleration completion, $5,970,837,000.
(2) For defense environmental services, $986,470,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2005 for other defense activities
in carrying out programs necessary for national security in the
amount of $636,036,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2005 for defense nuclear waste
disposal for payment to the Nuclear Waste Fund established in
section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(c)) in the amount of $120,000,000.
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118 STAT. 2160
PUBLIC LAW 108–375—OCT. 28, 2004
Subtitle B—Program Authorizations,
Restrictions, and Limitations
SEC. 3111. REPORT ON REQUIREMENTS FOR MODERN PIT FACILITY.
(a) REPORT.—Not later than January 31, 2005, the Adminis-
trator for Nuclear Security shall submit to the congressional defense
committees a report setting forth the validated pit production
requirements for the Modern Pit Facility.
(b) VALIDATED PIT PRODUCTION REQUIREMENTS.—(1) The vali-
dated pit production requirements in the report under subsection
(a) shall be established by the Administrator in conjunction with
the Chairman of the Nuclear Weapons Council.
(2) The validated pit production requirements shall—
(A) include specifications regarding the total number of
pits per year, and the number of pits to be produced per
year for each weapon type, that will be required to be produced
in order to support the weapons that will be retained in the
nuclear weapons stockpile pursuant to the revised nuclear
weapons stockpile plan submitted to the congressional defense
committees as specified in the joint explanatory statement to
accompany the report of the Committee on Conference on the
bill H.R. 2754 of the 108th Congress;
(B) identify any surge capacity that may be included in
the annual pit production requirements; and
(C) assume that the lifetime of any particular pit type
is each of 40 years, 50 years, 60 years, and 70 years.
(c) FORM OF REPORT.—The report under subsection (a) shall
be submitted in unclassified form and shall include a classified
annex.
SEC. 3112. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT
OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECH-
NICAL PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ‘‘September 30, 2004’’ and
inserting ‘‘September 30, 2006’’.
SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS UNDER
FACILITIES AND INFRASTRUCTURE RECAPITALIZATION
PROGRAM AFTER PROJECT SELECTION DEADLINE.
(a) LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS.—Section
3114(a) of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108–136; 117 Stat. 1744; 50 U.S.C. 2453 note)
is amended—
(1) in the subsection caption, by striking ‘‘DEADLINE FOR’’;
(2) in paragraph (2), by striking ‘‘No project’’ and inserting
‘‘Except as provided in paragraph (3), no project’’; and
(3) by adding at the end the following new paragraph:
‘‘(3)(A) Subject to the provisions of this paragraph, a project
described in subparagraph (B) may be carried out under the Facili-
ties and Infrastructure Recapitalization Program after December
31, 2004, if the Administrator approves the project. The Adminis-
trator may not delegate the authority to approve projects under
the preceding sentence.
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‘‘(B) A project described in this subparagraph is a project that
consists of a specific building, facility, or other improvement
(including fences, roads, or similar improvements).
‘‘(C) Funds may not be obligated or expended for a project
under this paragraph until 60 days after the date on which the
Administrator submits to the congressional defense committees a
notice on the project, including a description of the project and
the nature of the project, a statement explaining why the project
was not included in the Facilities and Infrastructure Recapitaliza-
tion Program under paragraph (1), and a statement explaining
why the project was not included in any other program under
the jurisdiction of the Administrator.
‘‘(D) The total number of projects that may be carried out
under this paragraph in any fiscal year may not exceed five projects.
‘‘(E) The Administrator may not utilize the authority in this
paragraph until 60 days after the later of—
‘‘(i) the date of the submittal to the congressional defense
committees of a list of the projects selected for inclusion in
the Facilities and Infrastructure Recapitalization Program
under paragraph (1); or
‘‘(ii) the date of the submittal to the congressional defense
committees of the report required by subsection (c).
‘‘(F) A project may not be carried out under this paragraph
unless the project will be completed by September 30, 2011.’’.
(b) CONSTRUCTION OF AUTHORITY.—The amendments made by
subsection (a) may not be construed to authorize any delay in
either of the following:
(1) The selection of projects for inclusion in the Facilities
and Infrastructure Recapitalization Program under subsection
(a) of section 3114 of the National Defense Authorization Act
for Fiscal Year 2004.
(2) The submittal of the report required by subsection
(c) of such section.
SEC. 3114. MODIFICATION OF MILESTONE AND REPORT REQUIRE-
MENTS FOR NATIONAL IGNITION FACILITY.
(a) NOTIFICATION ON MILESTONES TO ACHIEVE IGNITION.—Sub-
section (a) of section 3137 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1369)
is amended by striking ‘‘each Level I milestone and Level II mile-
stone for the National Ignition Facility.’’ and inserting the following:
‘‘each milestone for the National Ignition Facility as follows:
‘‘(1) Each Level I milestone.
‘‘(2) Each Level II milestone.
‘‘(3) Each milestone to achieve ignition.’’.
(b) REPORT ON FAILURE OF TIMELY ACHIEVEMENT OF MILE-
STONES.—Subsection (b) of such section is amended by striking
‘‘a Level I milestone or Level II milestone for the National Ignition
Facility’’ and inserting ‘‘a milestone for the National Ignition
Facility referred to in subsection (a)’’.
(c) MILESTONES TO ACHIEVE IGNITION.—Subsection (c) of such
section is amended to read as follows:
‘‘(c) MILESTONES.—For purposes of this section:
‘‘(1) The Level I milestones and Level II milestones for
the National Ignition Facility are as established in the August
2000 revised National Ignition Facility baseline document.
50 USC 2453
note.
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‘‘(2) The milestones for the National Ignition Facility to
achieve ignition are such milestones (other than the milestones
referred to in paragraph (1)) as the Administrator shall estab-
lish on any activities at the National Ignition Facility that
are required to enable the National Ignition Facility to achieve
ignition and be a fully functioning user facility by December
31, 2011.’’.
(d) SUBMITTAL TO CONGRESS OF MILESTONES TO ACHIEVE IGNI-
TION.—Not later than January 31, 2005, the Administrator for
Nuclear Security shall submit to the congressional defense commit-
tees a report setting forth the milestones of the National Ignition
Facility to achieve ignition as established by the Administration
under subsection (c)(2) of section 3137 of the National Defense
Authorization Act for Fiscal Year 2002, as amended by subsection
(c) of this section. The report shall include—
(1) a description of each milestone established; and
(2) a proposal for the funding to be required to meet each
such milestone.
(e) EXTENSION OF SUNSET.—Subsection (d) of section 3137 of
such Act is amended by striking ‘‘September 30, 2004’’ and inserting
‘‘December 31, 2011’’.
SEC. 3115. MODIFICATION OF SUBMITTAL DATE OF ANNUAL PLAN FOR
STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF
WARHEADS IN THE NUCLEAR WEAPONS STOCKPILE.
Section 4203(c) of the Atomic Energy Defense Act (50 U.S.C.
2523(c)) is amended by striking ‘‘March 15 of each year thereafter’’
and inserting ‘‘May 1 of each year thereafter’’.
SEC. 3116. DEFENSE SITE ACCELERATION COMPLETION.
(a) IN
GENERAL.—Notwithstanding the provisions of the
Nuclear Waste Policy Act of 1982, the requirements of section
202 of the Energy Reorganization Act of 1974, and other laws
that define classes of radioactive waste, with respect to material
stored at a Department of Energy site at which activities are
regulated by a covered State pursuant to approved closure plans
or permits issued by the State, the term ‘‘high-level radioactive
waste’’ does not include radioactive waste resulting from the
reprocessing of spent nuclear fuel that the Secretary of Energy
(in this section referred to as the ‘‘Secretary’’), in consultation
with the Nuclear Regulatory Commission (in this section referred
to as the ‘‘Commission’’), determines—
(1) does not require permanent isolation in a deep geologic
repository for spent fuel or high-level radioactive waste;
(2) has had highly radioactive radionuclides removed to
the maximum extent practical; and
(3)(A) does not exceed concentration limits for Class C
low-level waste as set out in section 61.55 of title 10, Code
of Federal Regulations, and will be disposed of—
(i) in compliance with the performance objectives set
out in subpart C of part 61 of title 10, Code of Federal
Regulations; and
(ii) pursuant to a State-approved closure plan or State-
issued permit, authority for the approval or issuance of
which is conferred on the State outside of this section;
or
50 USC 2601
note.
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118 STAT. 2163
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(B) exceeds concentration limits for Class C low-level waste
as set out in section 61.55 of title 10, Code of Federal Regula-
tions, but will be disposed of—
(i) in compliance with the performance objectives set
out in subpart C of part 61 of title 10, Code of Federal
Regulations;
(ii) pursuant to a State-approved closure plan or State-
issued permit, authority for the approval or issuance of
which is conferred on the State outside of this section;
and
(iii) pursuant to plans developed by the Secretary in
consultation with the Commission.
(b) MONITORING BY NUCLEAR REGULATORY COMMISSION.—(1)
The Commission shall, in coordination with the covered State, mon-
itor disposal actions taken by the Department of Energy pursuant
to subparagraphs (A) and (B) of subsection (a)(3) for the purpose
of assessing compliance with the performance objectives set out
in subpart C of part 61 of title 10, Code of Federal Regulations.
(2) If the Commission considers any disposal actions taken
by the Department of Energy pursuant to those subparagraphs
to be not in compliance with those performance objectives, the
Commission shall, as soon as practicable after discovery of the
noncompliant conditions, inform the Department of Energy, the
covered State, and the following congressional committees:
(A) The Committee on Armed Services, the Committee
on Energy and Commerce, and the Committee on Appropria-
tions of the House of Representatives.
(B) The Committee on Armed Services, the Committee
on Energy and Natural Resources, the Committee on Environ-
ment and Public Works, and the Committee on Appropriations
of the Senate.
(3) For fiscal year 2005, the Secretary shall, from amounts
available for defense site acceleration completion, reimburse the
Commission for all expenses, including salaries, that the Commis-
sion incurs as a result of performance under subsection (a) and
this subsection for fiscal year 2005. The Department of Energy
and the Commission may enter into an interagency agreement
that specifies the method of reimbursement. Amounts received by
the Commission for performance under subsection (a) and this
subsection may be retained and used for salaries and expenses
associated with those activities, notwithstanding section 3302 of
title 31, United States Code, and shall remain available until
expended.
(4) For fiscal years after 2005, the Commission shall include
in the budget justification materials submitted to Congress in sup-
port of the Commission budget for that fiscal year (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) the amounts required, not offset by reve-
nues, for performance under subsection (a) and this subsection.
(c) INAPPLICABILITY
TO CERTAIN MATERIALS.—Subsection (a)
shall not apply to any material otherwise covered by that subsection
that is transported from the covered State.
(d) COVERED STATES.—For purposes of this section, the fol-
lowing States are covered States:
(1) The State of South Carolina.
(2) The State of Idaho.
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118 STAT. 2164
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(e) CONSTRUCTION.—(1) Nothing in this section shall impair,
alter, or modify the full implementation of any Federal Facility
Agreement and Consent Order or other applicable consent decree
for a Department of Energy site.
(2) Nothing in this section establishes any precedent or is
binding on the State of Washington, the State of Oregon, or any
other State not covered by subsection (d) for the management,
storage, treatment, and disposition of radioactive and hazardous
materials.
(3) Nothing in this section amends the definition of ‘‘transuranic
waste’’ or regulations for repository disposal of transuranic waste
pursuant to the Waste Isolation Pilot Plant Land Withdrawal Act
or part 191 of title 40, Code of Federal Regulations.
(4) Nothing in this section shall be construed to affect in any
way the obligations of the Department of Energy to comply with
section 4306A of the Atomic Energy Defense Act (50 U.S.C. 2567).
(5) Nothing in this section amends the West Valley Demonstra-
tion Act (42 U.S.C. 2121a note).
(f) JUDICIAL REVIEW.—Judicial review shall be available in
accordance with chapter 7 of title 5, United States Code, for the
following:
(1) Any determination made by the Secretary or any other
agency action taken by the Secretary pursuant to this section.
(2) Any failure of the Commission to carry out its respon-
sibilities under subsection (b).
SEC. 3117. TREATMENT OF WASTE MATERIAL.
Of the amounts made available pursuant to the authorization
of appropriations in section 3102(1) for environmental management
for defense site acceleration completion for the High-Level Waste
Proposal, $350,000,000 shall be available at specified sites for any
defense site acceleration completion activities at those sites, as
follows:
(1) The Idaho National Engineering and Environmental
Laboratory, Idaho, $97,300,000.
(2) The Savannah River Site, Aiken, South Carolina,
$188,600,000.
(3) The Hanford Site, Richland, Washington, $64,100,000.
SEC. 3118. LOCAL STAKEHOLDER ORGANIZATIONS FOR 2006 CLOSURE
SITES.
(a) ESTABLISHMENT.—(1) The Secretary of Energy shall estab-
lish for each Department of Energy 2006 closure site a local stake-
holder organization having the responsibilities set forth in sub-
section (c).
(2) The local stakeholder organization shall be established in
consultation with interested elected officials of local governments
in the vicinity of the closure site concerned.
(b) COMPOSITION.—A local stakeholder organization for a
Department of Energy 2006 closure site under subsection (a) shall
be composed of such elected officials of local governments in the
vicinity of the closure site concerned as the Secretary considers
appropriate to carry out the responsibilities set forth in subsection
(c) who agree to serve on the organization, or the designees of
such officials.
(c) RESPONSIBILITIES.—A local stakeholder organization for a
Department of Energy 2006 closure site under subsection (a) shall—
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(1) solicit and encourage public participation in appropriate
activities relating to the closure and post-closure operations
of the site;
(2) disseminate information on the closure and post-closure
operations of the site to the State government of the State
in which the site is located, local and tribal governments in
the vicinity of the site, and persons and entities having a
stake in the closure or post-closure operations of the site;
(3) transmit to appropriate officers and employees of the
Department of Energy questions and concerns of governments,
persons, and entities referred to paragraph (2) on the closure
and post-closure operations of the site; and
(4) perform such other duties as the Secretary and the
local stakeholder organization jointly determine appropriate to
assist the Secretary in meeting post-closure obligations of the
Department at the site.
(d) DEADLINE
FOR
ESTABLISHMENT.—The local stakeholder
organization for a Department of Energy 2006 closure site shall
be established not later than six months before the closure of
the site.
(e) DEPARTMENT OF ENERGY 2006 CLOSURE SITE DEFINED.—
In this section, the term ‘‘Department of Energy 2006 closure site’’
means the following:
(1) The Rocky Flats Environmental Technology Site, Colo-
rado.
(2) The Fernald Plant, Ohio.
(3) The Mound Plant, Ohio.
SEC. 3119. REPORT TO CONGRESS ON ADVANCED NUCLEAR WEAPONS
CONCEPTS INITIATIVE.
(a) REPORT REQUIRED.—Not later than March 1, 2005, the
Administrator for Nuclear Security shall submit to the congressional
defense committees a detailed report on the planned activities for
studies under the Advanced Nuclear Weapons Concepts Initiative
for fiscal year 2005.
(b) FORM OF REPORT.—The report under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
Subtitle C—Proliferation Matters
SEC. 3131. MODIFICATION OF AUTHORITY TO USE INTERNATIONAL
NUCLEAR MATERIALS PROTECTION AND COOPERATION
PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.
(a) APPLICABILITY OF AUTHORITY LIMITED TO PROJECTS NOT
PREVIOUSLY AUTHORIZED.—Subsection (a) of section 3124 of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108–136; 117 Stat. 1747) is amended by inserting ‘‘that has
not previously been authorized by Congress’’ after ‘‘states of the
former Soviet Union’’.
(b) REPEAL OF LIMITATION ON TOTAL AMOUNT OF OBLIGATION.—
Such section is further amended—
(1) by striking subsection (c); and
(2) by redesignating subsections (d), (e), and (f) as sub-
sections (c), (d), and (e), respectively.
50 USC 2568.
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(c) APPLICABILITY BEYOND FISCAL YEAR 2004.—Subsection (e)
of such section (as redesignated by subsection (b)) is amended
by striking ‘‘the funds appropriated pursuant to the authorization
of appropriations in section 3101(a)(2) for such program’’ and
inserting ‘‘the funds appropriated pursuant to an authorization
of appropriations for the International Nuclear Materials Protection
and Cooperation Program’’.
SEC. 3132. ACCELERATION OF REMOVAL OR SECURITY OF FISSILE
MATERIALS, RADIOLOGICAL MATERIALS, AND RELATED
EQUIPMENT AT VULNERABLE SITES WORLDWIDE.
(a) SENSE OF CONGRESS.—(1) It is the sense of Congress that
the security, including the rapid removal or secure storage, of
high-risk, proliferation-attractive fissile materials, radiological
materials, and related equipment at vulnerable sites worldwide
should be a top priority among the activities to achieve the national
security of the United States.
(2) It is the sense of Congress that the President may establish
in the Department of Energy a task force to be known as the
Task Force on Nuclear Materials to carry out the program author-
ized by subsection (b).
(b) PROGRAM AUTHORIZED.—The Secretary of Energy may carry
out a program to undertake an accelerated, comprehensive world-
wide effort to mitigate the threats posed by high-risk, proliferation-
attractive fissile materials, radiological materials, and related
equipment located at sites potentially vulnerable to theft or diver-
sion.
(c) PROGRAM ELEMENTS.—(1) Activities under the program
under subsection (b) may include the following:
(A) Accelerated efforts to secure, remove, or eliminate pro-
liferation-attractive fissile materials or radiological materials
in research reactors, other reactors, and other facilities world-
wide.
(B) Arrangements for the secure shipment of proliferation-
attractive fissile materials, radiological materials, and related
equipment to other countries willing to accept such materials
and equipment, or to the United States if such countries cannot
be identified, and the provision of secure storage or disposition
of such materials and equipment following shipment.
(C) The transportation of proliferation-attractive fissile
materials, radiological materials, and related equipment from
sites identified as proliferation risks to secure facilities in other
countries or in the United States.
(D) The processing and packaging of proliferation-attractive
fissile materials, radiological materials, and related equipment
in accordance with required standards for transport, storage,
and disposition.
(E) The provision of interim security upgrades for vulner-
able, proliferation-attractive fissile materials, radiological mate-
rials, and related equipment pending their removal from their
current sites.
(F) The utilization of funds to upgrade security and
accounting at sites where proliferation-attractive fissile mate-
rials or radiological materials will remain for an extended
period of time in order to ensure that such materials are
secure against plausible potential threats and will remain so
in the future.
50 USC 2569.
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(G) The management of proliferation-attractive fissile mate-
rials, radiological materials, and related equipment at secure
facilities.
(H) Actions to ensure that security, including security
upgrades at sites and facilities for the storage or disposition
of proliferation-attractive fissile materials, radiological mate-
rials, and related equipment, continues to function as intended.
(I) The provision of technical support to the International
Atomic Energy Agency (IAEA), other countries, and other enti-
ties to facilitate removal of, and security upgrades to facilities
that contain, proliferation-attractive fissile materials, radio-
logical materials, and related equipment worldwide.
(J) The development of alternative fuels and irradiation
targets based on low-enriched uranium to convert research
or other reactors fueled by highly-enriched uranium to such
alternative fuels, as well as the conversion of reactors and
irradiation targets employing highly-enriched uranium to
employment of such alternative fuels and targets.
(K) Accelerated actions for the blend down of highly-
enriched uranium to low-enriched uranium.
(L) The provision of assistance in the closure and decommis-
sioning of sites identified as presenting risks of proliferation
of proliferation-attractive fissile materials, radiological mate-
rials, and related equipment.
(M) Programs to—
(i) assist in the placement of employees displaced as
a result of actions pursuant to the program in enterprises
not representing a proliferation threat; and
(ii) convert sites identified as presenting risks of pro-
liferation regarding proliferation-attractive fissile mate-
rials, radiological materials, and related equipment to pur-
poses not representing a proliferation threat to the extent
necessary to eliminate the proliferation threat.
(2) The Secretary of Energy shall, in coordination with the
Secretary of State, carry out the program in consultation with,
and with the assistance of, appropriate departments, agencies, and
other entities of the United States Government.
(3) The Secretary of Energy shall, with the concurrence of
the Secretary of State, carry out activities under the program in
collaboration with such foreign governments, non-governmental
organizations, and other international entities as the Secretary
of Energy considers appropriate for the program.
(d) REPORTS.—(1) Not later than March 15, 2005, the Secretary
of Energy shall submit to Congress a classified interim report
on the program under subsection (b).
(2) Not later than January 1, 2006, the Secretary shall submit
to Congress a classified final report on the program under sub-
section (b) that includes the following:
(A) A survey by the Secretary of the facilities and sites
worldwide that contain proliferation-attractive fissile materials,
radiological materials, or related equipment.
(B) A list of sites determined by the Secretary to be of
the highest priority, taking into account risk of theft from
such sites, for removal or security of proliferation-attractive
fissile materials, radiological materials, or related equipment,
organized by level of priority.
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(C) A plan, including activities under the program under
this section, for the removal, security, or both of proliferation-
attractive fissile materials, radiological materials, or related
equipment at vulnerable facilities and sites worldwide,
including measurable milestones, metrics, and estimated costs
for the implementation of the plan.
(3) A summary of each report under this subsection shall also
be submitted to Congress in unclassified form.
(e) FUNDING.—Amounts authorized to be appropriated to the
Secretary of Energy for defense nuclear nonproliferation activities
shall be available for purposes of the program under this section.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘fissile materials’’ means plutonium, highly-
enriched uranium, or other material capable of sustaining an
explosive nuclear chain reaction, including irradiated items
containing such materials if the radiation field from such items
is not sufficient to prevent the theft or misuse of such items.
(2) The term ‘‘radiological materials’’ includes Americium-
241, Californium-252, Cesium-137, Cobalt-60, Iridium-192,
Plutonium-238, Radium-226, Strontium-90, Curium-244, and
irradiated items containing such materials, or other materials
designated by the Secretary of Energy for purposes of this
paragraph.
(3) The term ‘‘related equipment’’ includes equipment useful
for enrichment of uranium in the isotope 235 and for extraction
of fissile materials from irradiated fuel rods and other equip-
ment designated by the Secretary of Energy for purposes of
this section.
(4) The term ‘‘highly-enriched uranium’’ means uranium
enriched to or above 20 percent in the isotope 235.
(5) The term ‘‘low-enriched uranium’’ means uranium
enriched below 20 percent in the isotope 235.
(6) The term ‘‘proliferation-attractive’’, in the case of fissile
materials and radiological materials, means quantities and
types of such materials that are determined by the Secretary
of Energy to present a significant risk to the national security
of the United States if diverted to a use relating to proliferation.
SEC. 3133. SILK ROAD INITIATIVE.
(a) PROGRAM AUTHORIZED.—(1) The Secretary of Energy may
carry out a program, to be known as the Silk Road Initiative,
to promote non-weapons-related employment opportunities for sci-
entists, engineers, and technicians formerly engaged in activities
to develop and produce weapons of mass destruction in Silk Road
nations. The program should—
(A) incorporate best practices under the Initiatives for Pro-
liferation Prevention program; and
(B) facilitate commercial partnerships between private enti-
ties in the United States and scientists, engineers, and techni-
cians in the Silk Road nations.
(2) Before implementing the program with respect to multiple
Silk Road nations, the Secretary of Energy shall carry out a pilot
program with respect to one Silk Road nation selected by the
Secretary. It is the sense of Congress that the Secretary should
select the Republic of Georgia.
(b) SILK ROAD NATIONS DEFINED.—In this section, the Silk
Road nations are Armenia, Azerbaijan, the Republic of Georgia,
50 USC 2570.
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Kazakhstan, 
Kyrgyzstan, 
Tajikistan, 
Turkmenistan, 
and
Uzbekistan.
(c) FUNDING.—Of the funds authorized to be appropriated to
the Department of Energy for nonproliferation and international
security for fiscal year 2005, up to $10,000,000 may be used to
carry out this section.
SEC. 3134. NUCLEAR NONPROLIFERATION FELLOWSHIPS FOR SCI-
ENTISTS EMPLOYED BY UNITED STATES AND RUSSIAN
FEDERATION.
(a) IN GENERAL.—(1) From amounts made available to carry
out this section, the Administrator for Nuclear Security may carry
out a program under which the Administrator awards, to scientists
employed at nonproliferation research laboratories of the Russian
Federation and the United States, international exchange fellow-
ships, to be known as Nuclear Nonproliferation Fellowships, in
the nuclear nonproliferation sciences.
(2) The purpose of the program shall be to provide opportunities
for advancement in the nuclear nonproliferation sciences to sci-
entists who, as demonstrated by their academic or professional
achievements, show particular promise of making significant con-
tributions in those sciences.
(3) A fellowship awarded to a scientist under the program
shall be for collaborative study and training or advanced research
at—
(A) a nonproliferation research laboratory of the Russian
Federation, in the case of a scientist employed at a nonprolifera-
tion research laboratory of the United States; and
(B) a nonproliferation research laboratory of the United
States, in the case of a scientist employed at a nonproliferation
research laboratory of the Russian Federation.
(4) The duration of a fellowship under the program may not
exceed two years, except that the Administrator may provide for
a longer duration in an individual case to the extent warranted
by extraordinary circumstances, as determined by the Adminis-
trator.
(5) In a calendar year, the Administrator may not award more
than—
(A) one fellowship to a scientist employed at a nonprolifera-
tion research laboratory of the Russian Federation; and
(B) one fellowship to a scientist employed at a nonprolifera-
tion research laboratory of the United States.
(6) A fellowship under the program shall include—
(A) travel expenses; and
(B) any other expenses that the Administrator considers
appropriate, such as room and board.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘nonproliferation research laboratory’’ means,
with respect to a country, a national laboratory of that country
at which research in the nuclear nonproliferation sciences is
carried out.
(2) The term ‘‘nuclear nonproliferation sciences’’ means
bodies of scientific knowledge relevant to developing or
advancing the means to prevent or impede the proliferation
of nuclear weaponry.
(3) The term ‘‘scientist’’ means an individual who has a
degree from an institution of higher education in a science
50 USC 2571.
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118 STAT. 2170
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that has practical application in the nuclear nonproliferation
sciences.
(c) FUNDING.—Amounts available to the Department of Energy
for defense nuclear nonproliferation activities shall be available
for the fellowships authorized by subsection (a).
SEC. 3135. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE
ELIMINATION 
OF 
WEAPONS 
GRADE 
PLUTONIUM
PRODUCTION PROGRAM.
Section 3151 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2736;
22 U.S.C. 5952 note) is amended by adding at the end the following
new subsection:
‘‘(e) INTERNATIONAL PARTICIPATION IN PROGRAM.—(1) In order
to achieve international participation in the program referred to
in subsection (a), the Secretary of Energy may, in consultation
with the Secretary of State, enter into one or more agreements
with any person, foreign government, or other international
organization that the Secretary considers appropriate for the con-
tribution of funds by such person, government, or organization
for purposes of the program.
‘‘(2) Notwithstanding section 3302 of title 31, United States
Code, and subject to paragraphs (3) and (4), the Secretary may
retain and utilize any amounts contributed by a person, govern-
ment, or organization under an agreement under paragraph (1)
for purposes of the program without further appropriation and
without fiscal year limitation.
‘‘(3) The Secretary may not utilize under paragraph (2) any
amount contributed under an agreement under paragraph (1) until
30 days after the date on which the Secretary notifies the congres-
sional defense committees of the intent to utilize such amount,
including the source of such amount and the proposed purpose
for which such amount will be utilized.
‘‘(4) If any amount contributed under paragraph (1) has not
been utilized within five years of receipt under that paragraph,
the Secretary shall return such amount to the person, government,
or organization contributing such amount under that paragraph.
‘‘(5) Not later than 30 days after the receipt of any amount
contributed under paragraph (1), the Secretary shall submit to
the congressional defense committees a notice of the receipt of
such amount.
‘‘(6) Not later than October 31 each year, the Secretary shall
submit to the congressional defense committees a report on the
receipt and utilization of amounts under this subsection during
the preceding fiscal year. Each report for a fiscal year shall set
forth—
‘‘(A) a statement of any amounts received under this sub-
section, including the source of each such amount; and
‘‘(B) a statement of any amounts utilized under this sub-
section, including the purpose for which such amounts were
utilized.
‘‘(7) The authority of the Secretary to accept and utilize amounts
under this subsection shall expire on December 31, 2011.’’.
Expiration date.
Deadline.
Reports.
Deadline.
Notice.
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Subtitle D—Other Matters
SEC. 3141. INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRAC-
TORS.
Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42
U.S.C. 2210(d)(1)(A)) is amended by striking ‘‘until December 31,
2004’’ and inserting ‘‘until December 31, 2006’’.
SEC. 3142. REPORT ON MAINTENANCE OF RETIREMENT BENEFITS FOR
CERTAIN WORKERS AT 2006 CLOSURE SITES AFTER CLO-
SURE OF SITES.
(a) REPORT REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, the Assistant Secretary of Energy
for Environmental Management shall submit to the Secretary of
Energy a report on the maintenance of retirement benefits for
workers at Department of Energy 2006 closure sites after closure
of such sites.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) The number of workers at Department of Energy 2006
closure sites who would be eligible for regular or early retire-
ment benefits if such sites close on or after their target comple-
tion dates, but who would not be eligible for regular or early
retirement benefits if such sites close before their target comple-
tion dates (by calendar quarter).
(2) The cost of providing regular or full retirement benefits,
after the closure of Department of Energy 2006 closure sites,
to workers at such sites who would fail to qualify for regular
or early retirement benefits because of the early closure of
such sites (by calendar quarter).
(3) The impact on collective-bargaining agreements and
any applicable retirement benefit plan documents covering
workers at Department of Energy 2006 closure sites of pro-
viding regular or early retirement benefits as set forth herein.
(c) TRANSMITTAL TO CONGRESS.—Not later than 30 days after
receiving the report under subsection (a), the Secretary shall
transmit the report to Congress, together with such recommenda-
tions, including recommendations for legislative action, as the Sec-
retary considers appropriate.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Department of Energy 2006 closure site’’
means the following:
(A) The Rocky Flats Environmental Technology Site,
Colorado.
(B) The Fernald Plant, Ohio.
(C) The Mound Plant, Ohio.
(2) The term ‘‘worker’’ means any employee who is
employed by contract or first or second tier subcontract to
perform cleanup, security, or administrative duties or respon-
sibilities at a Department of Energy 2006 closure site.
(3) The term ‘‘retirement benefits’’ means pension, health,
and other similar post-retirement benefits.
(4) The term ‘‘target completion date’’, with respect to a
Department of Energy 2006 closure site, means the physical
completion date specified in the site contracts.
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118 STAT. 2172
PUBLIC LAW 108–375—OCT. 28, 2004
SEC. 3143. REPORT ON EFFORTS OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION TO UNDERSTAND PLUTONIUM AGING.
(a) STUDY.—(1) The Administrator for Nuclear Security shall
enter into a contract with a Federally Funded Research and
Development Center (FFRDC) providing for a study to assess the
efforts of the National Nuclear Security Administration to under-
stand the aging of plutonium in nuclear weapons.
(2) The Administrator shall make available to the FFRDC
contractor under this subsection all information that is necessary
for the contractor to successfully complete a meaningful study on
a timely basis.
(b) REPORT REQUIRED.—(1) Not later than two years after the
date of the enactment of this Act, the Administrator shall submit
to Congress a report on the findings of the study required by
subsection (a)(1).
(2) The report shall include the recommendations of the study
for improving the knowledge, understanding, and application of
the fundamental and applied sciences related to the study of pluto-
nium aging.
(3) The report shall be submitted in unclassified form, but
may include a classified annex.
SEC. 3144. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF
LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.
The Secretary of Energy shall require that the primary manage-
ment and operations contract for Los Alamos National Laboratory,
New Mexico, that involves Laboratory operations after September
30, 2005, shall contain terms requiring the contractor under such
contract to provide support to the Los Alamos Public School District,
New Mexico, for the elementary and secondary education of students
in the school district in the amount of $8,000,000 in each fiscal
year.
SEC. 3145. REVIEW OF WASTE ISOLATION PILOT PLANT, NEW MEXICO,
PURSUANT TO COMPETITIVE CONTRACT.
(a) CONTRACT REQUIREMENT.—The Secretary of Energy shall
use competitive procedures to enter into a contract to conduct
independent reviews and evaluations of the design, construction,
and operations of the Waste Isolation Pilot Plant in New Mexico
(in this section referred to as the ‘‘WIPP’’) as they relate to the
protection of the public health and safety and the environment.
The contract shall be for a period of one year, beginning on October
1, 2004, and shall be renewable for four additional one-year periods
with the consent of the contractor and subject to the authorization
and appropriation of funds for such purpose.
(b) CONTENT
OF CONTRACT.—A contract entered into under
subsection (a) shall require the following:
(1) The contractor shall appoint a Director and Deputy
Director, who shall be scientists of national eminence in the
field of nuclear waste disposal, shall be free from any biases
related to the activities of the WIPP, and shall be widely
known for their integrity and scientific expertise.
(2) The Director shall appoint staff. The professional staff
shall consist of scientists and engineers of recognized integrity
and scientific expertise who represent scientific and engineering
disciplines needed for a thorough review of the WIPP, including
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118 STAT. 2173
PUBLIC LAW 108–375—OCT. 28, 2004
disciplines such as geology, hydrology, health physics, environ-
mental 
engineering, 
probability 
risk 
analysis, 
mining
engineering, and radiation chemistry. The disciplines rep-
resented in the staff shall change as may be necessary to
meet changed needs in carrying out the contract for expertise
in any certain scientific or engineering discipline. Scientists
and engineers employed under the contract shall have qualifica-
tions and experience equivalent to the qualifications and experi-
ence required for scientists and engineers employed by the
Federal Government in grades GS–13 through GS–15.
(3) Scientists and engineers employed under the contract
shall have an appropriate support staff.
(4) The Director and Deputy Director shall each be
appointed for a term of 5 years, subject to contract renewal,
and may be removed only for misconduct or incompetence.
The staff shall be appointed for such terms as the Director
considers appropriate.
(5) The rates of pay of professional staff and the procedures
for increasing the rates of pay of professional staff shall be
equivalent to those rates and procedures provided for the Gen-
eral Schedule pay system under chapter 53 of title 5, United
States Code.
(6) The results of reviews and evaluations carried out under
the contract shall be published.
(c) ADMINISTRATION.—The contractor shall establish general
policies and guidelines to be used by the Director in carrying
out the work under the contract.
SEC. 3146. NATIONAL ACADEMY OF SCIENCES STUDY ON MANAGEMENT
BY DEPARTMENT OF ENERGY OF CERTAIN RADIOACTIVE
WASTE STREAMS.
(a) STUDY REQUIRED.—The Secretary of Energy shall, as soon
as practicable, enter into an arrangement with the National
Research Council of the National Academy of Sciences to carry
out a study of the plans of the Department of Energy to manage
those waste streams specified in subsection (b) that—
(1) exceed the concentration limits for Class C low-level
waste as set out in section 61.55 of title 10, Code of Federal
Regulations; and
(2) the Department plans to dispose of on the sites specified
in subsection (b)(3) rather than in a repository for spent nuclear
fuel and high-level waste.
(b) COVERED WASTE STREAMS.—The waste streams referred
to in subsection (a) are the streams of waste, from reprocessed
spent nuclear fuel, that—
(1) exceed the concentration limits for Class C low-level
waste as set out in section 61.55 of title 10, Code of Federal
Regulations;
(2) the Department does not plan for disposal in a reposi-
tory for spent nuclear fuel and high-level waste; and
(3) are stored in tanks at the following sites:
(A) The Savannah River Site, South Carolina.
(B) The Idaho National Engineering Laboratory, Idaho.
(C) The Hanford Reservation, Washington.
(c) MATTERS INCLUDED.—The study required by subsection (a)
shall evaluate—
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118 STAT. 2174
PUBLIC LAW 108–375—OCT. 28, 2004
(1) the state of the Department’s understanding of the
physical, chemical, and radiological characteristics of the waste
referred to in subsection (b), including an assessment of data
uncertainties;
(2) any actions additional to those contained in current
plans that the Department should consider to ensure that the
plans referred to in subsection (a) will comply with the perform-
ance objectives of part 61 of title 10, Code of Federal Regula-
tions;
(3) the adequacy of the Department’s plans for monitoring
disposal sites and the surrounding environment to verify
compliance with those performance objectives;
(4) existing technology alternatives to the plans referred
to in subsection (a) and, for each such alternative, an assess-
ment of the cost, consequences for worker safety, and long-
term consequences for environmental and human health;
(5) any technology gaps that exist to effect improved effi-
ciency in removal and treatment of waste from the tanks
referred to in subsection (b)(3); and
(6) any other matters that the National Research Council
considers appropriate and directly related to the subject matter
of the study.
(d) RECOMMENDATIONS.—In carrying out the study required
by subsection (a), the National Research Council may develop rec-
ommendations it considers appropriate and directly related to the
subject matter of the study. It is the sense of Congress that the
National Research Council should develop recommendations on—
(1) improvements to the scientific and technical basis for
managing the waste covered by the study, including the identi-
fication of technology alternatives and mitigation of technology
gaps; and
(2) the best means of monitoring any on-site disposal sites
from the waste streams referred to in subsection (b), to include
soil, groundwater, and surface water monitoring.
(e) REPORTS.—(1) The National Research Council shall submit
to the Secretary of Energy and the congressional committees
described in paragraph (2)—
(A) not later than six months after entering into the
arrangement required by subsection (a), an interim report on
the study that, with respect to the requirements of subsection
(c)(2), specifically addresses any additional actions the Depart-
ment should consider to ensure that the Department’s plans
for the Savannah River Site, including plans for grouting of
tanks, will comply with the performance objectives referred
to in that subsection in a more effective manner; and
(B) not later than one year after entering into the arrange-
ment required by subsection (a), a final report on the study
that includes all findings, conclusions, and recommendations.
(2) The congressional committees referred to in paragraph (1)
are as follows:
(A) The Committee on Appropriations, Committee on
Armed Services, and Committee on Energy and Commerce of
the House of Representatives.
(B) The Committee on Appropriations, Committee on
Armed Services, Committee on Energy and Natural Resources,
and Committee on Environment and Public Works of the
Senate.
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118 STAT. 2175
PUBLIC LAW 108–375—OCT. 28, 2004
(f) PROVISION OF INFORMATION.—The Secretary of Energy shall,
in a timely manner, make available to the National Research
Council all information that the National Research Council con-
siders necessary to carry out its responsibilities under this section.
(g) RULE OF CONSTRUCTION.—This section shall not be con-
strued to affect section 3116.
(h) FUNDING.—Of the amounts made available to the Depart-
ment of Energy pursuant to the authorization of appropriations
in section 3102, $1,500,000 shall be available only for carrying
out the study required by this section.
SEC. 3147. COMPENSATION OF PAJARITO PLATEAU, NEW MEXICO,
HOMESTEADERS FOR ACQUISITION OF LANDS FOR
MANHATTAN PROJECT IN WORLD WAR II.
(a) ESTABLISHMENT OF COMPENSATION FUND.—There is estab-
lished in the Treasury of the United States a fund to be known
as the Pajarito Plateau Homesteaders Compensation Fund (in this
section referred to as the ‘‘Fund’’). The Fund shall be dedicated
to the settlement of the two lawsuits in the United States District
Court for the District of New Mexico consolidated as Civ. No.
00–60.
(b) ELEMENTS OF FUND.—The Fund shall consist of the fol-
lowing:
(1) Amounts available for deposit in the Fund under sub-
section (j).
(2) Interest earned on amounts in the Fund under sub-
section (g).
(c) USE OF FUND.—The Fund shall be available for the settle-
ment of the consolidated lawsuits in accordance with the following
requirements:
(1) The settlement shall be subject to preliminary and
final approval by the Court in accordance with rule 23(e) of
the Federal Rules of Civil Procedure.
(2) The Court shall appoint a special master in accordance
with rule 53 of the Federal Rules of Civil Procedure to—
(A) identify class members;
(B) receive claims from class members so identified;
(C) determine in accordance with subsection (d) eligible
claimants from among class members so identified;
(D) resolve contests, if any, among claimants with
respect to a particular eligible tract, regarding the disburse-
ment of monies in the Fund with respect to that eligible
tract; and
(E) address such other matters as the Court may order.
(3) Lead counsel for claimants shall provide evidence to
the special master to assist the special master in the duties
set forth in paragraph (2).
(4) If more than 10 percent of the class members object
to the settlement, or the Court fails to approve the settlement—
(A) the Fund shall not serve as the basis for the
settlement of the consolidated lawsuits and the provisions
of this section shall have no further force or effect; and
(B) amounts in the Fund shall not be disbursed, but
shall be retained in the Treasury as miscellaneous receipts.
(5) The Court may award compensation for the special
master and attorney fees and expenses from the Fund pursuant
to rule 23 of the Federal Rules of Civil Procedure, except
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118 STAT. 2176
PUBLIC LAW 108–375—OCT. 28, 2004
that the award of attorney fees may not exceed 20 percent
of the Fund and the award of expenses may not exceed 2
percent of the Fund. Any compensation and attorney fees and
expenses so paid shall be paid from the Fund by the Court
before distribution of the amount in the Fund to eligible claim-
ants entitled thereto.
(6) The Fund shall be available to pay settlement awards
in accordance with the following:
(A) The balance of the amount of the Fund that is
available for disbursement after any award of attorney
fees and expenses under paragraph (5) shall be allocated
proportionally by eligible tract according to its acreage
as compared with all eligible tracts.
(B) The allocation for each eligible tract shall be allo-
cated pro rata among all eligible claimants having an
interest in such eligible tract according to the extent of
their interest in such eligible tract, as determined under
the laws of the State of New Mexico.
(7) The special master shall disburse the allocated amounts
from the Fund after approval by the Court.
(8) Any amounts available for disbursement with respect
to an eligible tract that are not awarded to eligible claimants
with respect to that tract shall be retained in the Treasury
as miscellaneous receipts.
(d) ELIGIBLE CLAIMANTS.—(1) For purposes of this section, an
eligible claimant is any class member determined by the Court,
by a preponderance of evidence, to be a person or entity who
held a fee simple ownership in an eligible tract at the time of
its acquisition by the United States during World War II for use
in the Manhattan Project, or the heir, successor in interest,
assignee, or beneficiary of such a person or entity.
(2) The status of a person or entity as an heir, successor
in interest, assignee, or beneficiary for purposes of this subsection
shall be determined under the laws of the State of New Mexico,
including the descent and distribution law of the State of New
Mexico.
(e) FULL RESOLUTION OF CLAIMS AGAINST UNITED STATES.—
(1) The acceptance of a disbursement from the Fund by an eligible
claimant under this section shall constitute a final and complete
release of the defendants in the consolidated lawsuits with respect
to such eligible claimant, and shall be in full satisfaction of any
and all claims of such eligible claimant against the United States
arising out of acts described in the consolidated lawsuits.
(2) Upon the disbursement of the amount in the Fund to
eligible claimants entitled thereto under this section, the Court
shall, subject to the provisions of rule 23(e) of the Federal Rules
of Civil Procedure, enter a final judgment dismissing with prejudice
the consolidated lawsuits and all claims and potential claims on
matters covered by the consolidated lawsuits.
(f) COMPENSATION LIMITED
TO AMOUNTS
IN FUND.—(1) An
eligible claimant may be paid under this section only from amounts
in the Fund.
(2) Nothing in this section shall authorize the payment to
a class member by the United States Government of any amount
authorized by this section from any source other than the Fund.
(g) INVESTMENT OF FUND.—(1) The Secretary of the Treasury
shall, in accordance with the requirements of section 9702 of title
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118 STAT. 2177
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31, United States Code, and the provisions of this subsection, direct
the form and manner by which the Fund shall be safeguarded
and invested so as to maximize its safety while earning a return
comparable to other common funds in which the United States
Treasury is the source of payment.
(2) Interest on the amount deposited in the Fund shall accrue
from the date of the enactment of the Act appropriating amounts
for deposit in the Fund until the date on which the Secretary
of the Treasury disburses the amount in the Fund to eligible claim-
ants who are entitled thereto under subsection (c).
(h) PRESERVATION OF RECORDS.—(1) All documents, personal
testimony, and other records created or received by the Court in
the consolidated lawsuits shall be kept and maintained by the
Archivist of the United States, who shall preserve such documents,
testimony, and records in the National Archives of the United
States.
(2) The Archivist shall make available to the public the mate-
rials kept and maintained under paragraph (1).
(i) DEFINITIONS.—In this section:
(1) The term ‘‘Court’’ means the United States District
Court for the District of New Mexico having jurisdiction over
the consolidated lawsuits.
(2) The term ‘‘consolidated lawsuits’’ means the two law-
suits in the United States District Court for the District of
New Mexico consolidated as Civ. No. 00–60.
(3)(A) The term ‘‘eligible tract’’ means private real property
located on the Pajarito Plateau of what is now Los Alamos
County, New Mexico, that was acquired by the United States
during World War II for use in the Manhattan Project and
which is the subject of the consolidated lawsuits.
(B) The term does not include lands of the Los Alamos
Ranch School and of the A.M. Ross Estate (doing business
as Anchor Ranch).
(4) The term ‘‘class member’’ means the following:
(A) Any person or entity who claims to have held
a fee simple ownership in an eligible tract at the time
of its acquisition by the United States during World War
II for use in the Manhattan Project.
(B) Any person or entity claiming to be the heir, suc-
cessor in interest, assignee, or beneficiary of a person or
entity who held a fee simple ownership in an eligible tract
at the time of its acquisition by the United States during
World War II for use in the Manhattan Project.
(j) FUNDING.—Of the amount authorized to be appropriated
by section 3101(a)(4) for the National Nuclear Security Administra-
tion for the Office of the Administrator for Nuclear Security,
$10,000,000 shall be available for deposit in the Fund under sub-
section (b)(1).
SEC. 3148. MODIFICATION OF REQUIREMENTS RELATING TO CONVEY-
ANCES AND TRANSFER OF CERTAIN LAND AT LOS
ALAMOS NATIONAL LABORATORY, NEW MEXICO.
Section 632(a) of Public Law 105–119 (111 Stat. 2523; 42 U.S.C.
2391 note) is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘except as provided in paragraph (2),’’
before ‘‘convey’’; and
Archivist.
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118 STAT. 2178
PUBLIC LAW 108–375—OCT. 28, 2004
(B) by striking ‘‘and’’ at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) notwithstanding paragraph (1) and the agreement
under subsection (e), convey, without consideration, to the
Board of Education of the Los Alamos Public Schools, New
Mexico, within the County, fee title to the parcels of land
identified by the Department of Energy as Parcel A–8 and
Parcel A–15–1 that are currently located in Technical Area–
21 of Los Alamos National Laboratory upon the entry of Los
Alamos Public Schools and the County into an agreement for
the use of the parcel of land identified as Parcel A–8; and’’.
Subtitle E—Energy Employees Occupa-
tional Illness Compensation Program
SEC. 3161. CONTRACTOR EMPLOYEE COMPENSATION.
The Energy Employees Occupational Illness Compensation Pro-
gram Act of 2000 (title XXXVI of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106–398)) is amended by adding after subtitle
D (42 U.S.C. 7385o) the following new title:
‘‘Subtitle E—Contractor Employee
Compensation
‘‘SEC. 3671. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) The term ‘covered DOE contractor employee’ means
any Department of Energy contractor employee determined
under section 3675 to have contracted a covered illness through
exposure at a Department of Energy facility.
‘‘(2) The term ‘covered illness’ means an illness or death
resulting from exposure to a toxic substance.
‘‘(3) The term ‘Secretary’ means the Secretary of Labor.
‘‘SEC. 3672. COMPENSATION TO BE PROVIDED.
‘‘Subject to the other provisions of this subtitle:
‘‘(1) CONTRACTOR EMPLOYEES.—A covered DOE contractor
employee shall receive contractor employee compensation under
this subtitle in accordance with section 3673.
‘‘(2) SURVIVORS.—After the death of a covered DOE con-
tractor employee, compensation referred to in paragraph (1)
shall not be paid. Instead, the survivor of that employee shall
receive compensation as follows:
‘‘(A) Except as provided in subparagraph (B), the sur-
vivor of that employee shall receive contractor employee
compensation under this subtitle in accordance with section
3674.
‘‘(B) In a case in which the employee’s death occurred
after the employee applied under this subtitle and before
compensation was paid under paragraph (1), and the
employee’s death occurred from a cause other than the
42 USC 7385s–1.
42 USC 7385s.
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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
42 USC 7385s–2.
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‘‘(ii) $15,000 multiplied by the number referred to in
clause (iii)(II) of subparagraph (A).
‘‘(b) DETERMINATION OF MINIMUM IMPAIRMENT RATING.—For
purposes of subsection (a), a minimum impairment rating shall
be determined in accordance with the American Medical Associa-
tion’s Guides to the Evaluation of Permanent Impairment.
‘‘SEC. 3674. COMPENSATION SCHEDULE FOR SURVIVORS.
‘‘(a) CATEGORIES OF COMPENSATION.—The amount of contractor
employee compensation under this subtitle for the survivor of a
covered DOE contractor employee shall be determined as follows:
‘‘(1) CATEGORY ONE.—The survivor shall receive the amount
of $125,000, if the Secretary determines that—
‘‘(A) the employee would have been entitled to com-
pensation under section 3675 for a covered illness; and
‘‘(B) it is at least as likely as not that exposure to
a toxic substance at a Department of Energy facility was
a significant factor in aggravating, contributing to, or
causing the death of such employee.
‘‘(2) CATEGORY TWO.—The survivor shall receive the amount
of $150,000, if paragraph (1) applies to the employee and the
Secretary also determines that there was an aggregate period
of not less than 10 years, before the employee attained normal
retirement age (for purposes of the Social Security Act), during
which, as the result of any covered illness contracted by that
employee through exposure to a toxic substance at a Depart-
ment of Energy facility, the employee’s annual wage did not
exceed 50 percent of the average annual wage of that employee,
as determined under section 3673(a)(2)(A)(ii).
‘‘(3) CATEGORY
THREE.—The survivor shall receive the
amount of $175,000, if paragraph (1) applies to the employee
and the Secretary also determines that there was an aggregate
period of not less than 20 years, before the employee attained
normal retirement age (for purposes of the Social Security
Act), during which, as the result of any covered illness con-
tracted 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
of that employee, as determined under section 3673(a)(2)(A)(ii).
‘‘(b) ONE AMOUNT ONLY.—The survivor of a covered DOE con-
tractor employee to whom more than one amount under subsection
(a) applies shall receive only the highest such amount.
‘‘(c) DETERMINATION AND ALLOCATION OF SHARES.—The amount
under subsection (a) shall be paid only as follows:
‘‘(1) If a covered spouse is alive at the time of payment,
such payment shall be made to such surviving spouse.
‘‘(2) If there is no covered spouse described in paragraph
(1), such payment shall be made in equal shares to all covered
children who are alive at the time of payment.
‘‘(3) Notwithstanding the other provisions of this sub-
section, if there is—
‘‘(A) a covered spouse described in paragraph (1); and
‘‘(B) at least one covered child of the employee who
is living at the time of payment and who is not a recognized
natural child or adopted child of such covered spouse,
then half of such payment shall be made to such covered
spouse, and the other half of such payment shall be made
42 USC 7385s–3.
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in equal shares to each covered child of the employee who
is living at the time of payment.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered spouse’ means a spouse of the
employee who was married to the employee for at least one
year immediately before the employee’s death.
‘‘(2) The term ‘covered child’ means a child of the employee
who, as of the employee’s death—
‘‘(A) had not attained the age of 18 years;
‘‘(B) had not attained the age of 23 years and was
a full-time student who had been continuously enrolled
as a full-time student in one or more educational institu-
tions since attaining the age of 18 years; or
‘‘(C) had been incapable of self-support.
‘‘(3) The term ‘child’ includes a recognized natural child,
a stepchild who lived with an individual in a regular parent-
child relationship, and an adopted child.
‘‘SEC. 3675. DETERMINATIONS REGARDING CONTRACTION OF COV-
ERED ILLNESSES.
‘‘(a) CASES DETERMINED UNDER SUBTITLE B.—A determination
under subtitle B that a Department of Energy contractor employee
is entitled to compensation under that subtitle for an occupational
illness shall be treated for purposes of this subtitle as a determina-
tion that the employee contracted that illness through exposure
at a Department of Energy facility.
‘‘(b) CASES DETERMINED UNDER FORMER SUBTITLE D.—In the
case of a covered illness of an employee with respect to which
a panel has made a positive determination under section 3661(d)
and the Secretary of Energy has accepted that determination under
section 3661(e)(2), or with respect to which a panel has made
a negative determination under section 3661(d) and the Secretary
of Energy has found significant evidence to the contrary under
section 3661(e)(2), that determination shall be treated for purposes
of this subtitle as a determination that the employee contracted
the covered illness through exposure at a Department of Energy
facility.
‘‘(c) OTHER CASES.—(1) In any other case, a Department of
Energy contractor employee shall be determined for purposes of
this subtitle to have contracted a covered illness through exposure
at a Department of Energy facility if—
‘‘(A) it is at least as likely as not that exposure to a
toxic substance at a Department of Energy facility was a signifi-
cant factor in aggravating, contributing to, or causing the ill-
ness; and
‘‘(B) it is at least as likely as not that the exposure to
such toxic substance was related to employment at a Depart-
ment of Energy facility.
‘‘(2) A determination under paragraph (1) shall be made by
the Secretary.
‘‘(d) APPLICATIONS BY SPOUSES AND CHILDREN.—If a spouse
or child of a Department of Energy contractor employee applies
for benefits under this subtitle, the Secretary shall make a deter-
mination under this section with respect to that employee without
regard to whether the spouse is a ‘covered spouse’, or the child
is a ‘covered child’, under this subtitle.
42 USC 7385s–4.
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‘‘SEC. 3676. APPLICABILITY TO CERTAIN URANIUM EMPLOYEES.
‘‘(a) IN GENERAL.—This subtitle shall apply to—
‘‘(1) a section 5 payment recipient who contracted a section
5 illness through a section 5 exposure at a section 5 facility,
or
‘‘(2) a section 5 uranium worker determined under section
3675(c) to have contracted a covered illness through exposure
to a toxic substance at a section 5 mine or mill,
(or to the survivor of that employee, as applicable) on the same
basis as it applies to a Department of Energy contractor employee
determined under section 3675 to have contracted a covered illness
through exposure to a toxic substance at a Department of Energy
facility (or to the survivor of that employee, as applicable).
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘section 5 payment recipient’ means an indi-
vidual who receives, or has received, $100,000 under section
5 of the Radiation Exposure Compensation Act (42 U.S.C. 2210
note) for a claim made under that Act.
‘‘(2) The terms ‘section 5 exposure’, ‘section 5 facility’, and
‘section 5 illness’ mean the exposure, facility, and illness,
respectively, to which an individual’s status as a section 5
payment recipient relates.
‘‘(3) The term ‘section 5 uranium worker’ means an indi-
vidual to whom subsection (a)(1)(A)(i) of section 5 of the Radi-
ation Exposure Compensation Act applies (whether directly
or by reason of subsection (a)(2)).
‘‘(4) The term ‘section 5 mine or mill’ means the mine
or mill to which an individual’s status as a section 5 uranium
worker relates.
‘‘SEC. 3677. ADMINISTRATIVE AND JUDICIAL REVIEW.
‘‘(a) JUDICIAL
REVIEW.—A person adversely affected or
aggrieved by a final decision of the Secretary under this subtitle
may review that order in the United States district court in the
district in which the injury was sustained, the employee lives,
the survivor lives, or the District of Columbia, by filing in such
court within 60 days after the date on which that final decision
was issued a written petition praying that such decision be modified
or set aside. The person shall also provide a copy of the petition
to the Secretary. Upon such filing, the court shall have jurisdiction
over the proceeding and shall have the power to affirm, modify,
or set aside, in whole or in part, such decision. The court may
modify or set aside such decision only if the court determines
that such decision was arbitrary and capricious.
‘‘(b) ADMINISTRATIVE REVIEW.—The Secretary shall ensure that
recommended decisions of the Secretary with respect to a claim
under this subtitle are subject to administrative review. The Sec-
retary shall prescribe regulations for carrying out such review or
shall apply to this subtitle the regulations applicable to rec-
ommended decisions under subtitle B.
‘‘SEC. 3678. PHYSICIANS SERVICES.
‘‘(a) IN GENERAL.—The Secretary may utilize the services of
physicians for purposes of making determinations under this sub-
title.
42 USC 7385s–7.
42 USC 7385s–6.
42 USC 7385s–5.
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‘‘(b) PHYSICIANS.—Any physicians whose services are utilized
under subsection (a) of this section shall possess appropriate exper-
tise and experience in the evaluation and determination of the
extent of permanent physical impairments or in the evaluation
and diagnosis of illnesses or deaths aggravated, contributed to,
or caused by exposure to toxic substances.
‘‘(c) ARRANGEMENT.—The Secretary may secure the services
of physicians utilized under subsection (a) of this section through
the appointment of physicians or by contract.
‘‘SEC. 3679. MEDICAL BENEFITS.
‘‘A covered DOE contractor employee shall be furnished medical
benefits specified in section 3629 for the covered illness to the
same extent, and under the same conditions and limitations, as
an individual eligible for medical benefits under that section is
furnished medical benefits under that section.
‘‘SEC. 3680. ATTORNEY FEES.
‘‘Section 3648 shall apply to a payment under this subtitle
to the same extent that it applies to a payment under subtitle
B.
‘‘SEC. 3681. ADMINISTRATIVE MATTERS.
‘‘(a) IN GENERAL.—The Secretary shall administer this subtitle.
‘‘(b) CONTRACT AUTHORITY.—The Secretary may enter into con-
tracts with appropriate persons and entities to administer this
subtitle.
‘‘(c) RECORDS.—(1)(A) The Secretary of Energy shall provide
to the Secretary all records, files, and other data, whether paper,
electronic, imaged, or otherwise, developed by the Secretary of
Energy that are applicable to the administration of this subtitle,
including records, files, and data on facility industrial hygiene,
employment of individuals or groups, exposure and medical records,
and claims applications.
‘‘(B) In providing records, files, and other data under this para-
graph, the Secretary of Energy shall preserve the current organiza-
tion of such records, files, and other data, and shall provide such
description and indexing of such records, files, and other data
as the Secretary considers appropriate to facilitate their use by
the Secretary.
‘‘(2) The Secretary of Energy and the Secretary shall jointly
undertake such actions as are appropriate to retrieve records
applicable to the claims of Department of Energy contractor
employees for contractor employee compensation under this subtitle,
including employment records, records of exposure to beryllium,
radiation, silica, or other toxic substances, and records regarding
medical treatment.
‘‘(d) INFORMATION.—At the request of the Secretary, the Sec-
retary of Energy and any contractor who employed a Department
of Energy contractor employee shall, within time periods specified
by the Secretary, provide to the Secretary and to the employee
information or documents in response to the request.
‘‘(e) REGULATIONS.—The Secretary shall prescribe regulations
necessary for the administration of this subtitle. The initial regula-
tions shall be prescribed not later than 210 days after the date
of the enactment of this subtitle. The Secretary may prescribe
interim final regulations necessary to meet the deadlines specified
in this subtitle.
Deadline.
42 USC
7385s–10.
42 USC 7385s–9.
42 USC 7385s–8.
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PUBLIC LAW 108–375—OCT. 28, 2004
‘‘(f) TRANSITION PROVISIONS.—(1) The Secretary shall commence
the administration of the provisions of this subtitle not later than
210 days after the date of the enactment of this subtitle.
‘‘(2) Until the commencement of the administration of this
subtitle, the Department of Energy Physicians Panels appointed
pursuant to subtitle D shall continue to consider and issue deter-
minations concerning any cases pending before such Panels imme-
diately before the date of the enactment of this subtitle.
‘‘(3) The Secretary shall take such actions as are appropriate
to identify other activities under subtitle D that will continue until
the commencement of the administration of subtitle E.
‘‘(g) PREVIOUS APPLICATIONS.—Upon the commencement of the
administration of this subtitle, any application previously filed with
the Secretary of Energy pursuant to subtitle D shall be considered
to have been filed with the Secretary as a claim for benefits pursu-
ant to this subtitle.
‘‘SEC. 3682. COORDINATION OF BENEFITS WITH RESPECT TO STATE
WORKERS COMPENSATION.
‘‘(a) IN GENERAL.—An individual who has been awarded com-
pensation under this subtitle, and who has also received benefits
from a State workers compensation system by reason of the same
covered illness, shall receive compensation specified in this subtitle
reduced by the amount of any workers compensation benefits, other
than medical benefits and benefits for vocational rehabilitation,
that the individual has received under the State workers compensa-
tion system by reason of the covered illness, after deducting the
reasonable costs, as determined by the Secretary, of obtaining those
benefits under the State workers compensation system.
‘‘(b) WAIVER.—The Secretary may waive the provisions of sub-
section (a) if the Secretary determines that the administrative costs
and burdens of implementing subsection (a) with respect to a par-
ticular case or class of cases justifies such a waiver.
‘‘(c) INFORMATION.—Notwithstanding any other provision of law,
each State workers compensation authority shall, upon request
of the Secretary, provide to the Secretary on a quarterly basis
information concerning workers compensation benefits received by
any covered DOE contractor employee entitled to compensation
or benefits under this subtitle, which shall include the name, Social
Security number, and nature and amount of workers compensation
benefits for each such employee for which the request was made.
‘‘SEC. 3683. MAXIMUM AGGREGATE COMPENSATION.
‘‘For each individual whose illness or death serves as the basis
for compensation or benefits under this subtitle, the total amount
of compensation (other than medical benefits) paid under this sub-
title, to all persons, in the aggregate, on the basis of that illness
or death shall not exceed $250,000.
‘‘SEC. 3684. FUNDING OF ADMINISTRATIVE COSTS.
‘‘There is authorized and hereby appropriated to the Secretary
for fiscal year 2005 and thereafter such sums as may be necessary
to carry out this subtitle.
42 USC
7385s–13.
42 USC
7385s–12.
42 USC
7385s–11.
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‘‘SEC. 3685. PAYMENT OF COMPENSATION AND BENEFITS FROM COM-
PENSATION FUND.
‘‘The compensation and benefits provided under this title, when
authorized or approved by the President, shall be paid from the
compensation fund established under section 3612.
‘‘SEC. 3686. OFFICE OF OMBUDSMAN.
‘‘(a) ESTABLISHMENT.—There is established in the Department
of Labor an office to be known as the ‘Office of the Ombudsman’
(in this section referred to as the ‘Office’).
‘‘(b) HEAD.—The head of the Office shall be the Ombudsman.
The individual serving as Ombudsman shall be either of the fol-
lowing:
‘‘(1) An officer or employee of the Department of Labor
designated by the Secretary for purposes of this section from
among officers and employees of the Department who have
experience and expertise necessary to carry out the duties
of the Office specified in subsection (c).
‘‘(2) An individual employed by the Secretary from the
private sector from among individuals in the private sector
who have experience and expertise necessary to carry out the
duties of the Office specified in subsection (c).
‘‘(c) DUTIES.—The duties of the Office shall be as follows:
‘‘(1) To provide information on the benefits available under
this subtitle and on the requirements and procedures applicable
to the provision of such benefits.
‘‘(2) To make recommendations to the Secretary regarding
the location of centers (to be known as ‘resource centers’) for
the acceptance and development of claims for benefits under
this subtitle.
‘‘(3) To carry out such other duties with respect to this
subtitle as the Secretary shall specify for purposes of this
section.
‘‘(d) INDEPENDENT OFFICE.—The Secretary shall take appro-
priate actions to ensure the independence of the Office within
the Department of Labor, including independence from other officers
and employees of the Department engaged in activities relating
to the administration of the provisions of this subtitle.
‘‘(e) ANNUAL REPORT.—(1) Not later than February 15 each
year, the Ombudsman shall submit to Congress a report on activi-
ties under this subtitle.
‘‘(2) Each report under paragraph (1) shall set forth the fol-
lowing:
‘‘(A) The number and types of complaints, grievances, and
requests for assistance received by the Ombudsman under this
subtitle during the preceding year.
‘‘(B) An assessment of the most common difficulties encoun-
tered by claimants and potential claimants under this subtitle
during the preceding year.
‘‘(3) The first report under paragraph (1) shall be the report
submitted in 2006.
‘‘(f) OUTREACH.—The Secretary of Labor and the Secretary of
Health and Human Services shall each undertake outreach to advise
the public of the existence and duties of the Office.
‘‘(g) SUNSET.—Effective on the date that is 3 years after the
date of the enactment of this section, this section shall have no
further force or effect.’’.
42 USC
7385s–15.
42 USC
7385s–14.
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SEC. 3162. CONFORMING AMENDMENTS.
(a) OFFSET
FOR CERTAIN PAYMENTS.—Section 3641 of the
Energy Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7385) is amended—
(1) by striking ‘‘subtitle B’’ and inserting ‘‘this title’’; and
(2) by striking ‘‘on account of’’ and all that follows through
the period at the end and inserting ‘‘on account of the exposure
for which compensation is payable under this title.’’.
(b) SUBROGATION OF THE UNITED STATES.—Section 3642 of such
Act (42 U.S.C. 7385a) is amended by striking ‘‘subtitle B’’ and
inserting ‘‘this title’’.
(c) PAYMENT IN FULL SETTLEMENT OF CLAIMS.—Section 3643
of such Act (42 U.S.C. 7385b) is amended by striking ‘‘The accept-
ance’’ and inserting ‘‘Except as provided in subtitle E, the accept-
ance’’.
(d) EXCLUSIVITY OF REMEDY.—Section 3644 of such Act (42
U.S.C. 7385c(a)) is amended by adding at the end the following
new subsection:
‘‘(d) APPLICABILITY TO SUBTITLE E.—This section applies with
respect to subtitle E to the covered medical condition or covered
illness or death of a covered DOE contractor employee on the
same basis as it applies with respect to subtitle B to the cancer
(including a specified cancer), chronic silicosis, covered beryllium
illness, or death of a covered employee.’’.
(e) CERTIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER
LAWS.—Section 3646 of such Act (42 U.S.C. 7385e) is amended
by striking ‘‘subtitle B’’ and inserting ‘‘this title’’.
(f) CLAIMS
NOT
ASSIGNABLE
OR
TRANSFERABLE.—Section
3647(a) of such Act (42 U.S.C. 7385f(a)) is amended by striking
‘‘subtitle B’’ and inserting ‘‘this title’’.
(g) CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.—
Section 3649 of such Act (42 U.S.C. 7385h) is amended by striking
‘‘subtitle B’’ both places such term appears and inserting ‘‘this
title’’.
(h) FORFEITURE OF BENEFITS BY CONVICTED FELONS.—Section
3650 of such Act (42 U.S.C. 7385i) is amended by striking ‘‘subtitle
B’’ each place such term appears and inserting ‘‘this title’’.
(i) REPEAL OF SUBTITLE D.—Subtitle D of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (title
XXXVI of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106–
398); 42 U.S.C. 7385o) is repealed.
SEC. 3163. TECHNICAL AMENDMENTS.
(a) SUBPOENAS.—Subtitle B of such Act is amended by adding
after section 3631 (42 U.S.C. 7384v) the following new section:
‘‘SEC. 3632. SUBPOENAS; OATHS; EXAMINATION OF WITNESSES.
‘‘The Secretary of Labor, with respect to any matter under
this subtitle, may—
‘‘(1) issue subpoenas for and compel the attendance of wit-
nesses;
‘‘(2) administer oaths;
‘‘(3) examine witnesses; and
‘‘(4) require the production of books, papers, documents,
and other evidence.’’.
42 USC 7384w.
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PUBLIC LAW 108–375—OCT. 28, 2004
(b) SOCIAL SECURITY EARNINGS INFORMATION.—Subtitle C of
such Act is amended by adding after section 3651 (42 U.S.C. 7385j)
the following new section:
‘‘SEC. 3652. SOCIAL SECURITY EARNINGS INFORMATION.
‘‘Notwithstanding the provision of section 552a of title 5, United
States Code, or any other provision of Federal or State law, the
Social Security Administration shall make available to the Secretary
of Labor, upon written request, the Social Security earnings
information of living or deceased employees who may have sustained
an illness that is the subject of a claim under this title, which
the Secretary of Labor may require to carry out the provisions
of this title.’’.
(c) RECOVERY
OF OVERPAYMENT.—Subtitle C of such Act is
further amended by adding after section 3652 (as added by sub-
section (b)) the following new section:
‘‘SEC. 3653. RECOVERY AND WAIVER OF OVERPAYMENTS.
‘‘(a) IN GENERAL.—When an overpayment has been made to
an individual under this title because of an error of fact or law,
recovery shall be made under regulations prescribed by the Sec-
retary of Labor by decreasing later payments to which the individual
is entitled. If the individual dies before the recovery is completed,
recovery shall be made by decreasing later benefits payable under
this title with respect to the individual’s death.
‘‘(b) WAIVER.—Recovery by the United States under this section
may not be made when incorrect payment has been made to an
individual who is without fault and when adjustment or recovery
would defeat the purpose of this title or would be against equity
and good conscience.
‘‘(c) LIABILITY.—A certifying or disbursing official is not liable
for an amount certified or paid by him when recovery of the amount
is waived under subsection (b) of this section, or when recovery
under subsection (a) of this section is not completed before the
death of all individuals against whose benefits deductions are
authorized.’’.
SEC. 3164. TRANSFER OF FUNDS FOR FISCAL YEAR 2005.
Of the funds appropriated to the Secretary of Energy for fiscal
year 2005 for the Energy Employees Occupational Illness Com-
pensation Program, the Secretary of Energy shall transfer to the
Secretary of Labor the amount of funds that the Secretary of
Energy, in consultation with the Secretary of Labor, determine
will be necessary for fiscal year 2005 to administer the provisions
of subtitle E of the Energy Employees Occupational Illness Com-
pensation Program Act of 2000, as added by this Act.
SEC. 3165. USE OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COM-
PENSATION FUND FOR CERTAIN PAYMENTS TO COVERED
URANIUM EMPLOYEES.
(a) IN
GENERAL.—Section 3630 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
7384u) is amended in subsection (d) by inserting after ‘‘The com-
pensation provided under this section’’ the following: ‘‘and the com-
pensation provided under section 5 of the Radiation Exposure Com-
pensation Act’’.
(b) CONFORMING AMENDMENT.—Section 6(c)(1) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended by
42 USC 7385j–2.
42 USC 7385j–1.
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118 STAT. 2188
PUBLIC LAW 108–375—OCT. 28, 2004
inserting after ‘‘Fund’’ the following: ‘‘(or, in the case of a payment
under section 5, from the Energy Employees Occupational Illness
Compensation Fund, pursuant to section 3630(d) of the Energy
Employees Occupational Illness Compensation Program Act of
2000)’’.
SEC. 3166. IMPROVEMENTS TO SUBTITLE B OF ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT
OF 2000.
(a) ADVISORY BOARD.—Section 3624 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
7384o) is amended by adding at the end the following new sub-
sections:
‘‘(e) SECURITY CLEARANCES.—(1) The Secretary of Energy shall
ensure that the members and staff of the Board, and the contractors
performing work in support of the Board, are afforded the oppor-
tunity to apply for a security clearance for any matter for which
such a clearance is appropriate. The Secretary should, not later
than 180 days after receiving a completed application, make a
determination whether or not the individual concerned is eligible
for the clearance.
‘‘(2) For fiscal year 2007 and each fiscal year thereafter, the
Secretary of Energy shall include in the budget justification mate-
rials submitted to Congress in support of the Department of Energy
budget for that fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code)
a report specifying the number of applications for security clear-
ances under this subsection, the number of such applications
granted, and the number of such applications denied.
‘‘(f) INFORMATION.—The Secretary of Energy shall, in accord-
ance with law, provide to the Board and the contractors of the
Board access to any information that the Board considers relevant
to carry out its responsibilities under this title, including informa-
tion such as Restricted Data (as defined in section 11 y. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(y))) and information
covered by the Privacy Act.’’.
(b) DEADLINES FOR SPECIAL EXPOSURE COHORT ACTIONS.—(1)
Section 3626 of the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 (42 U.S.C. 7384q) is amended—
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new
subsection:
‘‘(c) DEADLINES.—(1) Not later than 180 days after the date
on which the President receives a petition for designation as mem-
bers of the Special Exposure Cohort, the Director of the National
Institute for Occupational Safety and Health shall submit to the
Advisory Board on Radiation and Worker Health a recommendation
on that petition, including all supporting documentation.
‘‘(2)(A) Upon receipt by the President of a recommendation
of the Advisory Board on Radiation and Worker Health that the
President should determine in the affirmative that paragraphs (1)
and (2) of subsection (b) apply to a class, the President shall
have a period of 30 days in which to determine whether such
paragraphs apply to the class and to submit that determination
(whether affirmative or negative) to Congress.
Deadline.
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‘‘(B) If the determination submitted by the President under
subparagraph (A) is in the affirmative, the President shall also
submit a report meeting the requirements of section 3621(14)(C)(ii).
‘‘(C) If the President does not submit a determination required
by subparagraph (A) within the period required by subparagraph
(A), then upon the day following the expiration of that period,
it shall be deemed for purposes of section 3621(14)(C)(ii) that the
President submitted the report under that provision on that day.’’.
(2) Section 3621(14)(C)(ii) of that Act (42 U.S.C. 7384l(14)(C)(ii))
is amended by striking ‘‘180 days’’ and inserting ‘‘30 days’’.
(c) SITE PROFILES.—Subtitle B of that Act is amended by adding
after section 3632 (as added by section 3163(a)) the following new
section:
‘‘SEC. 3633. COMPLETION OF SITE PROFILES.
‘‘(a) IN GENERAL.—To the extent that the Secretary of Labor
determines it useful and practicable, the Secretary of Labor shall
direct the Director of the National Institute for Occupational Safety
and Health to prepare site profiles for a Department of Energy
facility based on the records, files, and other data provided by
the Secretary of Energy and such other information as is available,
including information available from the former worker medical
screening programs of the Department of Energy.
‘‘(b) INFORMATION.—The Secretary of Energy shall furnish to
the Secretary of Labor any information that the Secretary of Labor
finds necessary or useful for the production of such site profiles,
including records from the Department of Energy former worker
medical screening program.
‘‘(c) DEFINITION.—In this section, the term ‘site profile’ means
an exposure assessment of a facility that identifies the toxic sub-
stances or processes that were commonly used in each building
or process of the facility, and the time frame during which the
potential for exposure to toxic substances existed.
‘‘(d) TIME FRAMES.—The Secretary of Health and Human Serv-
ices shall establish time frames for completing site profiles for
those Department of Energy facilities for which a site profile has
not been completed. Not later than March 1, 2005, the Secretary
of Health and Human Services shall submit to Congress a report
setting forth those time frames.’’.
SEC. 3167. EMERGENCY SPECIAL EXPOSURE COHORT MEETING AND
REPORT.
(a) MEETING OF ADVISORY BOARD.—(1) For purposes of carrying
out section 3626 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384q), the President
shall require the Advisory Board on Radiation and Worker Health
to convene a meeting of the Board at which the Board considers
each petition for designation as members of the Special Exposure
Cohort—
(A) that was filed not later than October 1, 2004; and
(B) the evaluation of which (by the Director of the National
Institute of Occupational Safety and Health) was completed
more than 10 days before a previously scheduled meeting of
the Board.
(2) Effective March 1, 2005, this subsection shall have no fur-
ther force or effect.
(b) REPORT TO CONGRESS.—Not later than March 15, 2005,
the President shall submit to Congress a report on the status
Effective date.
Deadline.
Deadline.
Reports.
42 USC 7384w–1.
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of the petitions referred to in subsection (a). The report shall
include, for each petition, the estimated time to complete the consid-
eration of that petition and any anticipated actions or circumstances
that could preclude the Board from acting upon that petition before
the end of fiscal year 2005.
SEC. 3168. COVERAGE OF INDIVIDUALS EMPLOYED AT ATOMIC
WEAPONS EMPLOYER FACILITIES DURING PERIODS OF
RESIDUAL CONTAMINATION.
(a) COVERAGE.—Paragraph (3) of section 3621 of the Energy
Employees Occupational Illness Compensation Program Act of 2000
(title XXXVI of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106–
398); 42 U.S.C. 7384l) is amended to read as follows:
‘‘(3) The term ‘atomic weapons employee’ means any of
the following:
‘‘(A) An individual employed by an atomic weapons
employer during a period when the employer was proc-
essing or producing, for the use by the United States,
material that emitted radiation and was used in the produc-
tion of an atomic weapon, excluding uranium mining and
milling.
‘‘(B) An individual employed—
‘‘(i) at a facility with respect to which the National
Institute for Occupational Safety and Health, in its
report dated October 2003 and titled ‘Report on
Residual Radioactive and Beryllium Contamination at
Atomic Weapons Employer Facilities and Beryllium
Vendor Facilities’, or any update to that report, found
that there is a potential for significant residual
contamination outside of the period in which weapons-
related production occurred;
‘‘(ii) by an atomic weapons employer or subsequent
owner or operators of a facility described in clause
(i); and
‘‘(iii) during a period, as specified in such report
or any update to such report, of potential for significant
residual radioactive contamination at such facility.’’.
(b) 
RADIATION
DOSE
FOR
CERTAIN
ATOMIC
WEAPONS
EMPLOYEES.—Section 3623 of that Act (42 U.S.C. 7384n) is amended
by adding at the end of subsection (c) the following new paragraph:
‘‘(4) In the case of an atomic weapons employee described
in section 3621(3)(B), the following doses of radiation shall be
treated, for purposes of paragraph (3)(A) of this subsection, as
part of the radiation dose received by the employee at such facility:
‘‘(A) Any dose of ionizing radiation received by that
employee from facilities, materials, devices, or byproducts used
or generated in the research, development, production, dis-
mantlement, transportation, or testing of nuclear weapons, or
from any activities to research, produce, process, store, reme-
diate, or dispose of radioactive materials by or on behalf of
the Department of Energy (except for activities covered by
Executive Order No. 12344, dated February 1, 1982 (42 U.S.C.
7158 note) pertaining to the Naval Nuclear Propulsion Pro-
gram).
‘‘(B) Any dose of ionizing radiation received by that
employee from a source not covered by subparagraph (A) that
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is not distinguishable through reliable documentation from a
dose covered by subparagraph (A).’’.
SEC. 3169. UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF
FACILITIES.
(a) UPDATE OF REPORT.—Not later than December 31, 2006,
the Director of the National Institute for Occupational Safety and
Health shall submit to Congress an update to the report required
by section 3151(b) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107–107; 42 U.S.C. 7384 note).
(b) ELEMENTS.—The update shall—
(1) for each facility for which such report found that insuffi-
cient information was available to determine whether signifi-
cant residual contamination was present, determine whether
significant residual contamination was present;
(2) for each facility for which such report found that signifi-
cant residual contamination remained present as of the date
of the report, determine the date on which such contamination
ceased to be present;
(3) for each facility for which such report found that signifi-
cant residual contamination was present but for which the
Director has been unable to determine the extent to which
such contamination is attributable to atomic weapons-related
activities, identify the specific dates of coverage attributable
to such activities and, in so identifying, presume that such
contamination is attributable to such activities until there is
evidence of decontamination of residual contamination identi-
fied with atomic weapons-related activities;
(4) for each facility for which such report found significant
residual contamination, determine whether it is at least as
likely as not that such contamination could have caused an
employee who was employed at such facility only during the
residual contamination period to contract a cancer or beryllium
illness compensable under subtitle B of the Energy Employees
Occupational Illness Compensation Program Act of 2000; and
(5) if new information that pertains to the report has
been made available to the Director since that report was
submitted, identify and describe such information.
(c) PUBLICATION.—The Director shall ensure that the report
referred to in subsection (a) is published in the Federal Register
not later than 15 days after being released.
SEC. 3170. SENSE OF CONGRESS ON RESOURCE CENTER FOR ENERGY
EMPLOYEES UNDER ENERGY EMPLOYEE OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM IN WESTERN NEW
YORK AND WESTERN PENNSYLVANIA REGION.
(a) FINDINGS.—Congress makes the following findings:
(1) New York has 36 current or former Department of
Energy facilities involved in nuclear weapons production-related
activities statewide, mostly atomic weapons employer facilities,
and 14 such facilities in western New York. Despite having
one of the greatest concentrations of such facilities in the United
States, western New York, and abutting areas of Pennsylvania,
continue to be severely underserved by the Energy Employees
Occupational Illness Compensation Program under the Energy
Employees Occupational Illness Compensation Program Act of
2000 (title XXXVI of the Floyd D. Spence National Defense
Federal Register,
publication.
42 USC 7384
note.
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118 STAT. 2192
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Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106–398); 42 U.S.C. 7384 et seq.).
(2) The establishment of a permanent resource center in
western New York would represent a substantial step toward
improving services under the Energy Employees Occupational
Illness Compensation Program for energy employees in this
region.
(3) The number of claims submitted to the Department
under subtitle B of the Energy Employees Occupational Illness
Compensation Program Act of 2000 from the western New
York region, including western Pennsylvania, exceeds the
number of such claims filed at resource centers in Hanford,
Washington, Portsmouth, Ohio, Los Alamos, New Mexico, the
Nevada Test Site, Nevada, the Rocky Flats Environmental
Technology Site, Colorado, the Idaho National Engineering Lab-
oratory, Idaho, and the Amchitka Test Site, Alaska.
(4) Energy employees in the western New York region,
including western Pennsylvania, deserve assistance under sub-
title B of the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 commensurate with the assist-
ance provided energy employees at other locations in the United
States.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Labor should—
(1) review the availability of assistance under subtitle B
of the Energy Employees Occupational Illness Compensation
Program Act of 2000 for energy employees in the western
New York region, including western Pennsylvania; and
(2) recommend a location in that region for a resource
center to provide such assistance to such energy employees.
TITLE XXXII—DEFENSE NUCLEAR
FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2005,
$21,268,000 for the operation of the Defense Nuclear Facilities
Safety Board under chapter 21 of the Atomic Energy Act of 1954
(42 U.S.C. 2286 et seq.).
TITLE XXXIII—NATIONAL DEFENSE
STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revision of earlier authority to dispose of certain materials in National
Defense Stockpile.
Sec. 3303. Disposal of ferromanganese.
Sec. 3304. Prohibition on storage of mercury at certain facilities.
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2005,
the National Defense Stockpile Manager may obligate up to
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118 STAT. 2193
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$59,700,000 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h)
for the authorized uses of such funds under subsection (b)(2) of
such section, including the disposal of hazardous materials that
are environmentally sensitive.
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager notifies
Congress that extraordinary or emergency conditions necessitate
the additional obligations. The National Defense Stockpile Manager
may make the additional obligations described in the notification
after the end of the 45-day period beginning on the date on which
Congress receives the notification.
(c) LIMITATIONS.—The authorities provided by this section shall
be subject to such limitations as may be provided in appropriations
Acts.
SEC. 3302. REVISION OF EARLIER AUTHORITY TO DISPOSE OF CERTAIN
MATERIALS IN NATIONAL DEFENSE STOCKPILE.
Section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50
U.S.C. 98d note) is amended by striking paragraphs (4) and (5)
and inserting the following new paragraphs:
‘‘(4) $785,000,000 by the end of fiscal year 2005; and
‘‘(5) $870,000,000 by the end of fiscal year 2009.’’.
SEC. 3303. DISPOSAL OF FERROMANGANESE.
(a) DISPOSAL AUTHORIZED.—The Secretary of Defense may dis-
pose of up to 50,000 tons of ferromanganese from the National
Defense Stockpile during fiscal year 2005.
(b) CONTINGENT AUTHORITY FOR ADDITIONAL DISPOSAL.—(1) If
the Secretary of Defense completes the disposal of the total quantity
of ferromanganese authorized for disposal by subsection (a) before
September 30, 2005, the Secretary of Defense may dispose of up
to an additional 25,000 tons of ferromanganese from the National
Defense Stockpile before that date.
(2) If the Secretary completes the disposal of the total quantity
of additional ferromanganese authorized for disposal by paragraph
(1) before September 30, 2005, the Secretary may dispose of up
to an additional 25,000 tons of ferromanganese from the National
Defense Stockpile before that date.
(c) CERTIFICATION.—The Secretary of Defense may dispose of
ferromanganese under the authority of paragraph (1) or (2) of
subsection (b) only if the Secretary submits written certification
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives, not
later than 30 days before the commencement of disposal under
the applicable paragraph, that—
(1) the disposal of the additional ferromanganese from the
National Defense Stockpile is in the interest of national defense;
(2) the disposal of the additional ferromanganese will not
cause undue disruption to the usual markets of producers and
processors of ferromanganese in the United States; and
(3) the disposal of the additional ferromanganese is con-
sistent with the requirements and purpose of the National
Defense Stockpile.
50 USC 98d note.
50 USC 98d note.
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118 STAT. 2194
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(d) DELEGATION OF RESPONSIBILITY.—The Secretary of Defense
may delegate the responsibility of the Secretary under subsection
(c) to an appropriate official within the Department of Defense.
(e) NATIONAL DEFENSE STOCKPILE DEFINED.—In this section,
the term ‘‘National Defense Stockpile’’ means the stockpile provided
for in section 4 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98c).
SEC. 3304. PROHIBITION ON STORAGE OF MERCURY AT CERTAIN
FACILITIES.
(a) PROHIBITION.—During fiscal year 2005, the Secretary of
Defense may not store mercury from the National Defense Stockpile
at any facility that is not owned or leased by the United States.
(b) NATIONAL DEFENSE STOCKPILE DEFINED.—In this section,
the term ‘‘National Defense Stockpile’’ means the stockpile provided
for in section 4 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98c).
TITLE XXXIV—NAVAL PETROLEUM
RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There are hereby
authorized to be appropriated to the Secretary of Energy
$20,000,000 for fiscal year 2005 for the purpose of carrying out
activities under chapter 641 of title 10, United States Code, relating
to the naval petroleum reserves.
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV—MARITIME
ADMINISTRATION
Sec. 3501. Authorization of appropriations for Maritime Administration.
Sec. 3502. Extension of authority to provide war risk insurance for merchant ma-
rine vessels.
Sec. 3503. Modification of priority afforded applications for national defense tank
vessel construction assistance.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME
ADMINISTRATION.
There are authorized to be appropriated to the Secretary of
Transportation for the Maritime Administration for fiscal year 2005
(in lieu of amounts authorized for the same purposes by section
3511 of the National Defense Authorization Act for Fiscal Year
2004)—
(1) for expenses necessary for operations and training
activities, $109,300,000;
(2) for administrative expenses under the loan guarantee
program authorized by title XI of the Merchant Marine Act,
1936 (46 U.S.C. App. 1271 et seq.), $4,764,000; and
(3) for ship disposal, $35,000,000, of which $2,000,000 shall
be for decommissioning, removal, and disposal of the nuclear
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reactor and hazardous materials on board the vessel
SAVANNAH.
SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR RISK INSUR-
ANCE FOR MERCHANT MARINE VESSELS.
(a) EXTENSION.—Section 1214 of the Merchant Marine Act,
1936 (46 U.S.C. App. 1294), is amended by striking ‘‘June 30,
2005’’ and inserting ‘‘December 31, 2010’’.
(b) INVESTMENT
OF
ASSETS
IN
INSURANCE
FUND.—Section
1208(a) of such Act (46 U.S.C. App. 1288), is amended by striking
the third sentence and inserting the following: ‘‘The Secretary of
Transportation may request the Secretary of the Treasury to invest
such portion of the Fund as is not, in the judgment of the Secretary
of Transportation, required to meet the current needs of the fund.
Such investments shall be made by the Secretary of the Treasury
in public debt securities of the United States, with maturities
suitable to the needs of the fund, and bearing interest rates deter-
mined by the Secretary of the Treasury, taking into consideration
current market yields on outstanding marketable obligations of
the United States of comparable maturity.’’.
SEC. 3503. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS
FOR NATIONAL DEFENSE TANK VESSEL CONSTRUCTION
ASSISTANCE.
Section 3542(d)(2) of the Maritime Security Act of 2003 (title
XXXV of Public Law 108–136; 117 Stat. 1821; 46 U.S.C. 53101
note) is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at the end;
(2) in subparagraph (B) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) with respect to any proposal for financial assist-
ance to be provided from amounts appropriated for a fiscal
year after fiscal year 2005, acceptance of the vessel to
be constructed with the assistance for participation in the
Shipboard Technology Evaluation Program as outlined in
Navigation and Vessel Inspection Circular 01–04, issued
by the Commandant of the United States Coast Guard
on January 2, 2004.’’.
TITLE XXXVI—ASSISTANCE TO
FIREFIGHTERS
Sec. 3601. Short title.
Sec. 3602. Amendments to Federal Fire Prevention and Control Act of 1974.
Sec. 3603. Report on assistance to firefighters.
SEC. 3601. SHORT TITLE.
This title may be cited as the ‘‘Assistance to Firefighters Grant
Program Reauthorization Act of 2004’’.
SEC. 3602. AMENDMENTS TO FEDERAL FIRE PREVENTION AND CON-
TROL ACT OF 1974.
Section 33 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229) is amended—
(1) in subsection (b)(1)(A)—
(A) by inserting ‘‘throughout the Nation’’ after ‘‘per-
sonnel’’; and
15 USC 2201
note.
Assistance to
Firefighters
Grant Program
Reauthorization
Act of 2004.
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(B) by striking ‘‘and’’ at the end;
(2) in subsection (b)(1)(B)—
(A) by inserting ‘‘and firefighter safety research and
development’’ after ‘‘fire prevention’’; and
(B) by striking the period and inserting ‘‘; and’’;
(3) by adding at the end of subsection (b)(1) the following
new subparagraph:
‘‘(C) provide assistance for nonaffiliated EMS organiza-
tions for the purpose of paragraph (3)(F).’’;
(4) in subsection (b)(3)(F), by inserting ‘‘and nonaffiliated
EMS organizations’’ after ‘‘fire departments’’;
(5) in subsection (b)(4)—
(A) by inserting ‘‘AND FIREFIGHTER SAFETY RESEARCH
AND DEVELOPMENT’’ after ‘‘PREVENTION’’ in the paragraph
heading;
(B) in subparagraph (A)(ii)—
(i) by inserting ‘‘that are not fire departments and’’
after ‘‘community organizations’’;
(ii) by inserting ‘‘and firefighter research and
development programs,’’ after ‘‘fire safety programs and
activities,’’; and
(iii) by inserting ‘‘and research to improve fire-
fighter health and life safety’’ after ‘‘fire prevention
programs’’;
(C) in subparagraph (B), by striking ‘‘to children from
fire’’ and inserting ‘‘to high risk groups from fire, as well
as research programs that demonstrate the potential to
improve firefighter safety’’; and
(D) by adding at the end the following new subpara-
graph:
‘‘(C) GRANT LIMITATION.—A grant under this paragraph
shall not be greater than $1,000,000 for a fiscal year.’’;
(6) in subsection (b)(5)(B)—
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following new
clause:
‘‘(iv) OTHER
FEDERAL
SUPPORT.—A list of other
sources of Federal funding received by the applicant.
The Director, in coordination with the Secretary of
Homeland Security, shall use such list to prevent
unnecessary duplication of grant funds.’’.
(7) in subsection (b)(6), by striking subparagraphs (A) and
(B) and inserting the following:
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), the Director may provide assistance under this sub-
section only if the applicant for such assistance agrees
to match 20 percent of such assistance for any fiscal year
with an equal amount of non-Federal funds.
‘‘(B) REQUIREMENT FOR SMALL COMMUNITY ORGANIZA-
TIONS.—In the case of an applicant whose personnel—
‘‘(i) serve jurisdictions of 50,000 or fewer residents,
the percent applied under the matching requirement
of subparagraph (A) shall be 10 percent; and
‘‘(ii) serve jurisdictions of 20,000 or fewer residents,
the percent applied under the matching requirement
of subparagraph (A) shall be 5 percent.
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‘‘(C) FIRE
PREVENTION
AND
FIREFIGHTER
SAFETY
GRANTS.—There shall be no matching requirement for a
grant described in paragraph (4)(A)(ii).’’;
(8) in subsection (b)(10)—
(A) by amending subparagraph (A) to read as follows:
‘‘(A) RECIPIENT LIMITATIONS.—A grant recipient under
subsection (b)(1)(A)—
‘‘(i) that serves a jurisdiction with 500,000 people
or less may not receive grants in excess of $1,000,000
for any fiscal year;
‘‘(ii) that serves a jurisdiction with more than
500,000 but not more than 1,000,000 people may not
receive grants in excess of $1,750,000 for any fiscal
year; and
‘‘(iii) that serves a jurisdiction with more than
1,000,000 people may not receive grants in excess of
$2,750,000 for any fiscal year.
The Director may award grants in excess of the limitations
provided in clause (i) and (ii) if the Director determines
that extraordinary need for assistance by a jurisdiction
warrants a waiver.’’;
(B) by redesignating subparagraph (B) as subpara-
graph (C);
(C) by inserting after subparagraph (A) the following
new subparagraph:
‘‘(B) DISTRIBUTION.—Notwithstanding subparagraph
(A), no single recipient may receive more than the lesser
of $2,750,000 or one half of one percent of the funds appro-
priated under this section for a single fiscal year.’’; and
(D) by adding at the end the following new subpara-
graphs:
‘‘(D) REQUIREMENTS FOR GRANTS FOR EMERGENCY MED-
ICAL SERVICES.—Subject to the restrictions in subparagraph
(E), not less than 3.5 percent of the funds appropriated
under this section for a fiscal year shall be awarded for
purposes described in paragraph (3)(F).
‘‘(E) NONAFFILIATED EMS LIMITATION.—Not more than
2 percent of the funds appropriated to provide grants under
this section for a fiscal year shall be awarded to non-
affiliated EMS organizations.
‘‘(F) APPLICATION
OF
SELECTION
CRITERIA
TO
GRANT
APPLICATIONS FROM NONAFFILIATED EMS ORGANIZATIONS.—
In reviewing applications submitted by nonaffiliated EMS
organizations, the Director shall consider the extent to
which other sources of Federal funding are available to
provide assistance requested in such grant applications.’’;
(9) in subsection (b), by adding at the end the following
new paragraphs:
‘‘(13) ANNUAL
MEETING.—The Director shall convene an
annual meeting of individuals who are members of national
fire service organizations and are recognized for expertise in
firefighting or emergency medical services provided by fire serv-
ices, and who are not employees of the Federal Government,
for the purpose of recommending criteria for awarding grants
under this section for the next fiscal year and recommending
any necessary administrative changes to the grant program.
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118 STAT. 2198
PUBLIC LAW 108–375—OCT. 28, 2004
‘‘(14) GUIDELINES.—(A) Each year, prior to making any
grants under this section, the Director shall publish in the
Federal Register—
‘‘(i) guidelines that describe the process for applying
for grants and the criteria for awarding grants; and
‘‘(ii) an explanation of any differences between the
guidelines and the recommendations made pursuant to
paragraph (13).
‘‘(B) The criteria for awarding grants under subsection
(b)(1)(A) shall include the extent to which the grant would
enhance the daily operations of the applicant and the impact
of such a grant on the protection of lives and property.
‘‘(15) PEER REVIEW.—The Director shall, after consultation
with national fire service organizations, appoint fire service
personnel to conduct peer review of applications received under
paragraph (5). In making grants under this section, the Director
shall consider the results of such peer review evaluations.
‘‘(16) APPLICABILITY
OF
FEDERAL
ADVISORY
COMMITTEE
ACT.—The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to activities under paragraphs (13) and (15).
‘‘(17) ACCOUNTING DETERMINATION.—Notwithstanding any
other provision of law, rule, regulation, or guidance, for pur-
poses of receiving assistance under this section, equipment
costs shall include, but not be limited to, all costs attributable
to any design, purchase of components, assembly, manufacture,
and transportation of equipment not otherwise commercially
available.’’;
(10) by amending subsection (d) to read as follows:
‘‘(d) DEFINITIONS.—In this section—
‘‘(1) the term ‘Director’ means the Director, acting through
the Administrator;
‘‘(2) the term ‘nonaffiliated EMS organization’ means a
public or private nonprofit emergency medical services
organization that is not affiliated with a hospital and does
not serve a geographic area in which the Director finds that
emergency medical services are adequately provided by a fire
department; and
‘‘(3) the term ‘State’ includes the District of Columbia and
the Commonwealth of Puerto Rico.’’; and
(11) in subsection (e)(1), by striking the first sentence and
inserting ‘‘There are authorized to be appropriated for the pur-
poses of this section $900,000,000 for fiscal year 2005,
$950,000,000 for fiscal year 2006, and $1,000,000,000 for each
of the fiscal years 2007 through 2009.’’.
SEC. 3603. REPORT ON ASSISTANCE TO FIREFIGHTERS.
(a) STUDY
AND REPORT
ON ASSISTANCE
TO FIREFIGHTERS.—
(1) STUDY.—The Administrator of the United States Fire
Administration, in conjunction with the National Fire Protec-
tion Association, shall conduct a study to—
(A) define the current roles and activities associated
with the fire services on a national, State, regional, and
local level;
(B) identify the equipment, staffing, and training
required to fulfill the roles and activities defined under
subparagraph (A);
Federal Register,
publication.
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118 STAT. 2199
PUBLIC LAW 108–375—OCT. 28, 2004
LEGISLATIVE HISTORY—H.R. 4200 (S. 2400) (S. 2401):
HOUSE REPORTS: Nos. 108–491 and Pt. 2 (Comm. on Armed Services) and
108–767 (Comm. of Conference).
SENATE REPORTS: No. 108–260 accompanying S. 2400 (Comm. on Armed Serv-
ices).
CONGRESSIONAL RECORD, Vol. 150 (2004):
May 19, 20, considered and passed House.
June 23, considered and passed Senate, amended, in lieu of S. 2400.
Oct. 8, House considered conference report.
Oct. 9, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Oct. 28, Presidential statement.
(C) conduct an assessment to identify gaps between
what fire departments currently possess and what they
require to meet the equipment, staffing, and training needs
identified under subparagraph (B) on a national and State-
by-State basis; and
(D) measure the impact of the Assistance to Fire-
fighters Grant program under section 33 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229)
in meeting the needs of the fire services identified in the
report submitted to Congress under section 1701(b) of the
Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 and filling the gaps identified under
subparagraph (C).
(2) REPORT.—Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science of the House of Rep-
resentatives a report on the findings of the study described
in paragraph (1).
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the United States Fire Administration
$300,000 for fiscal year 2005 to carry out the study required by
subsection (a).
Approved October 28, 2004.
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