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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