PUBLIC LAW 109–163—JAN. 6, 2006

NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2006

119 STAT. 3136 PUBLIC LAW 109–163—JAN. 6, 2006

Public Law 109–163

109th Congress

An Act

To authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year,

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 ‘‘National Defense Authorization

Act for Fiscal Year 2006’’.

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.

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 utility helicopters.

Sec. 112. Multiyear procurement authority for modernized target acquisition designation sight/pilot night vision sensors for AH–64 Apache attack helicopters.

Sec. 113. Multiyear procurement authority for conversion of AH–64A Apache attack

helicopters to the AH–64D Block II configuration.

Sec. 114. Acquisition strategy for tactical wheeled vehicle programs.

Sec. 115. Report on Army Modular Force Initiative.

SUBTITLE C—NAVY PROGRAMS

Sec. 121. Virginia-class submarine program.

Sec. 122. LHA Replacement (LHA(R)) amphibious assault ship program.

Sec. 123. Cost limitation for next-generation destroyer program.

Sec. 124. Littoral Combat Ship (LCS) program.

Sec. 125. Prohibition on acquisition of next-generation destroyer through a single

shipyard.

National Defense

Authorization

Act for Fiscal

Year 2006.

Jan. 6, 2006

[H.R. 1815]

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3137

Sec. 126. Aircraft carrier force structure.

Sec. 127. Refueling and complex overhaul of the U.S.S. Carl Vinson.

Sec. 128. CVN–78 aircraft carrier.

Sec. 129. LHA Replacement (LHA(R)) ship.

Sec. 130. Report on alternative propulsion methods for surface combatants and amphibious warfare ships.

SUBTITLE D—AIR FORCE PROGRAMS

Sec. 131. C–17 aircraft program and assessment of intertheater airlift requirements.

Sec. 132. Prohibition on retirement of KC–135E aircraft.

Sec. 133. Prohibition on retirement of F–117 aircraft during fiscal year 2006.

Sec. 134. Prohibition on retirement of C–130E/H tactical airlift aircraft during fiscal year 2006.

Sec. 135. Procurement of C–130J/KC–130J aircraft after fiscal year 2005.

Sec. 136. Report on Air Force aircraft aeromedical evacuation programs.

SUBTITLE E—JOINT AND MULTISERVICE MATTERS

Sec. 141. Requirement that tactical unmanned aerial vehicles use specified standard data link.

Sec. 142. Limitation on initiation of new unmanned aerial vehicle systems.

Sec. 143. Advanced SEAL Delivery System.

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. Annual Comptroller General report on Future Combat Systems program.

Sec. 212. Contract for the procurement of the Future Combat Systems (FCS).

Sec. 213. Limitations on systems development and demonstration of manned

ground vehicles under Armored Systems Modernization program.

Sec. 214. Separate program elements required for significant systems development

and demonstration projects for Armored Systems Modernization program.

Sec. 215. Initiation of program to design and develop next-generation nuclear attack submarine.

Sec. 216. Extension of requirements relating to management responsibility for

naval mine countermeasures programs.

Sec. 217. Single set of requirements for Army and Marine Corps heavy lift rotorcraft program.

Sec. 218. Requirements for development of tactical radio communications systems.

Sec. 219. Limitation on systems development and demonstration of Personnel Recovery Vehicle.

Sec. 220. Limitation on VXX helicopter program.

Sec. 221. Report on testing of Internet Protocol version 6.

SUBTITLE C—MISSILE DEFENSE PROGRAMS

Sec. 231. Report on capabilities and costs for operational boost/ascent-phase missile

defense systems.

Sec. 232. One-year extension of Comptroller General assessments of ballistic missile defense programs.

Sec. 233. Fielding of ballistic missile defense capabilities.

Sec. 234. Plans for test and evaluation of operational capability of the ballistic missile defense system.

SUBTITLE D—HIGH-PERFORMANCE DEFENSE MANUFACTURING TECHNOLOGY

RESEARCH AND DEVELOPMENT

Sec. 241. Pilot program for identification and transition of advanced manufacturing

processes and technologies.

Sec. 242. Transition of transformational manufacturing processes and technologies

to defense manufacturing base.

Sec. 243. Manufacturing technology strategies.

Sec. 244. Report.

Sec. 245. Definitions.

SUBTITLE E—OTHER MATTERS

Sec. 251. Comptroller General report on program element structure for research,

development, test, and evaluation projects.

119 STAT. 3138 PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 252. Research and development efforts for purposes of small business research.

Sec. 253. Revised requirements relating to submission of Joint Warfighting Science

and Technology Plan.

Sec. 254. Report on efficiency of naval shipbuilding industry.

Sec. 255. Technology transition.

Sec. 256. Prevention, mitigation, and treatment of blast injuries.

Sec. 257. Modification of requirements for annual report on DARPA program to

award cash prizes for advanced technology achievements.

Sec. 258. Designation of facilities and resources constituting the Major Range and

Test Facility Base.

Sec. 259. Report on cooperation between Department of Defense and National Aeronautics and Space Administration on research, development, test, and

evaluation activities.

Sec. 260. Delayed effective date for limitation on procurement of systems not GPSequipped.

Sec. 261. Report on development and use of robotics and unmanned ground vehicle

systems.

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. Elimination and simplification of certain items required in the annual report on environmental quality programs and other environmental activities.

Sec. 312. Payment of certain private cleanup costs in connection with Defense Environmental Restoration Program.

SUBTITLE C—WORKPLACE AND DEPOT ISSUES

Sec. 321. Modification of authority of Army working-capital funded facilities to engage in cooperative activities with non-Army entities.

Sec. 322. Limitation on transition of funding for east coast shipyards from funding

through Navy working capital fund to direct funding.

Sec. 323. Armament Retooling and Manufacturing Support Initiative matters.

Sec. 324. Sense of Congress regarding depot maintenance.

SUBTITLE D—EXTENSION OF PROGRAM AUTHORITIES

Sec. 331. Extension of authority to provide logistics support and services for weapons systems contractors.

Sec. 332. Extension of period for reimbursement for certain protective, safety, or

health equipment purchased by or for members of the Armed Forces deployed in contingency operations.

SUBTITLE E—OUTSOURCING

Sec. 341. Public-private competition.

Sec. 342. Contracting for procurement of certain supplies and services.

Sec. 343. Performance of certain work by Federal Government employees.

Sec. 344. Extension of temporary authority for contractor performance of securityguard functions.

SUBTITLE F—ANALYSIS, STRATEGIES, AND REPORTS

Sec. 351. Report on Department of Army programs for prepositioning of equipment

and other materiel.

Sec. 352. Reports on budget models used for base operations support, sustainment,

and facilities recapitalization.

Sec. 353. Army training strategy for brigade-based combat teams and functional

supporting brigades.

Sec. 354. Report regarding effect on military readiness of undocumented immigrants trespassing upon operational ranges.

Sec. 355. Report regarding management of Army lodging.

Sec. 356. Comptroller General report on corrosion prevention and mitigation programs of the Department of Defense.

Sec. 357. Study on use of biodiesel and ethanol fuel.

Sec. 358. Report on effects of windmill farms on military readiness.

Sec. 359. Report on space-available travel for certain disabled veterans and grayarea retirees.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3139

Sec. 360. Report on joint field training and experimentation on stability, security,

transition, and reconstruction operations.

Sec. 361. Reports on budgeting relating to sustainment of key military equipment.

Sec. 362. Repeal of Air Force report on military installation encroachment issues.

SUBTITLE G—OTHER MATTERS

Sec. 371. Supervision and management of Defense Business Transformation Agency.

Sec. 372. Codification and revision of limitation on modification of major items of

equipment scheduled for retirement or disposal.

Sec. 373. Limitation on purchase of investment items with operation and maintenance funds.

Sec. 374. Operation and use of general gift funds of the Department of Defense and

Coast Guard.

Sec. 375. Inclusion of packet based telephony in Department of Defense telecommunications benefit.

Sec. 376. Limitation on financial management improvement and audit initiatives

within Department of Defense.

Sec. 377. Provision of welfare of special category residents at Naval Station Guantanamo Bay, Cuba.

Sec. 378. Commemoration of success of the Armed Forces in Operation Enduring

Freedom and Operation Iraqi Freedom.

SUBTITLE H—UTAH TEST AND TRAINING RANGE

Sec. 381. Definitions.

Sec. 382. Military operations and overflights, Utah Test and Training Range.

Sec. 383. Analysis of military readiness and operational impacts in planning process for Federal lands in Utah Test and Training Range.

Sec. 384. Designation and management of Cedar Mountain Wilderness, Utah.

Sec. 385. Relation to other lands.

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

end strengths for fiscal years 2007 through 2009.

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 2006 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty

for operational support.

SUBTITLE C—AUTHORIZATION OF APPROPRIATIONS

Sec. 421. Military personnel.

Sec. 422. Armed Forces Retirement Home.

TITLE V—MILITARY PERSONNEL POLICY

SUBTITLE A—OFFICER PERSONNEL POLICY

Sec. 501. Temporary increase in percentage limits on reduction of time-in-grade requirements for retirement in grade upon voluntary retirement.

Sec. 502. Two-year renewal of temporary authority to reduce minimum length of

commissioned service required for voluntary retirement as an officer.

Sec. 503. Exclusion from active-duty general and flag officer distribution and

strength limitations of officers on leave pending separation or retirement or between senior positions.

Sec. 504. Consolidation of grade limitations on officer assignment and insignia

practice known as frocking.

Sec. 505. Clarification of deadline for receipt by promotion selection boards of certain communications from eligible officers.

Sec. 506. Furnishing to promotion selection boards of adverse information on officers eligible for promotion to certain senior grades.

Sec. 507. Applicability of officer distribution and strength limitations to officers

serving in intelligence community positions.

Sec. 508. Grades of the Judge Advocates General.

Sec. 509. Authority to retain permanent professors at the Naval Academy beyond

30 years of active commissioned service.

119 STAT. 3140 PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 510. Authority for designation of a general/flag officer position on the Joint

Staff to be held by reserve component general or flag officer on active

duty.

SUBTITLE B—RESERVE COMPONENT MANAGEMENT

Sec. 511. Separation at age 64 for reserve component senior officers.

Sec. 512. Modification of strength-in-grade limitations applicable to Reserve flag officers in active status.

Sec. 513. Military technicians (dual status) mandatory separation.

Sec. 514. Military retirement credit for certain service by National Guard members

performed while in a State duty status immediately after the terrorist

attacks of September 11, 2001.

Sec. 515. Redesignation of the Naval Reserve as the Navy Reserve.

Sec. 516. Clarification of certain authorities relating to the Commission on the National Guard and Reserves.

Sec. 517. Report on employment matters for members of the reserve components.

Sec. 518. Defense Science Board study on deployment of members of the National

Guard and Reserves in the Global War on Terrorism.

Sec. 519. Sense of Congress on certain matters relating to the National Guard and

Reserves.

Sec. 520. Pilot program on enhanced quality of life for members of the Army Reserve and their families.

SUBTITLE C—EDUCATION AND TRAINING

PART I—DEPARTMENT OF DEFENSE SCHOOLS GENERALLY

Sec. 521. Authority for National Defense University award of degree of Master of

Science in Joint Campaign Planning and Strategy.

Sec. 522. Authority for certain professional military education schools to receive

faculty research grants for certain purposes.

PART II—UNITED STATES NAVAL POSTGRADUATE SCHOOL

Sec. 523. Revision to mission of the Naval Postgraduate School.

Sec. 524. Modification of eligibility for position of President of the Naval Postgraduate School.

Sec. 525. Increased enrollment for eligible defense industry employees in the defense product development program at Naval Postgraduate School.

Sec. 526. Instruction for enlisted personnel by the Naval Postgraduate School.

PART III—RESERVE OFFICERS’ TRAINING CORPS

Sec. 531. Repeal of limitation on amount of financial assistance under ROTC scholarship programs.

Sec. 532. Increase in annual limit on number of ROTC scholarships under Army

Reserve and National Guard program.

Sec. 533. Procedures for suspending financial assistance and subsistence allowance

for Senior ROTC cadets and midshipmen on the basis of health-related

conditions.

Sec. 534. Eligibility of United States nationals for appointment to the Senior Reserve Officers’ Training Corps.

Sec. 535. Promotion of foreign language skills among members of the Reserve Officers’ Training Corps.

Sec. 536. Designation of Ike Skelton Early Commissioning Program scholarships.

PART IV—OTHER MATTERS

Sec. 537. Enhancement of educational loan repayment authorities.

Sec. 538. Payment of expenses of members of the Armed Forces to obtain professional credentials.

Sec. 539. Use of Reserve Montgomery GI Bill benefits and benefits for mobilized

members of the Selected Reserve and National Guard for payments for

licensing or certification tests.

Sec. 540. Modification of educational assistance for Reserves supporting contingency and other operations.

SUBTITLE D—GENERAL SERVICE REQUIREMENTS

Sec. 541. Ground combat and other exclusion policies.

Sec. 542. Uniform citizenship or residency requirements for enlistment in the

Armed Forces.

Sec. 543. Increase in maximum age for enlistment.

Sec. 544. Increase in maximum term of original enlistment in regular component.

Sec. 545. National Call to Service program.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3141

Sec. 546. Reports on information provided to potential recruits and to new entrants

into the Armed Forces on ‘‘stop loss’’ authorities and initial period of

military service obligation.

SUBTITLE E—MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS

Sec. 551. Offense of stalking under the Uniform Code of Military Justice.

Sec. 552. Rape, sexual assault, and other sexual misconduct under Uniform Code

of Military Justice.

Sec. 553. Extension of statute of limitations for murder, rape, and child abuse offenses under the Uniform Code of Military Justice.

Sec. 554. Reports by officers and senior enlisted members of conviction of criminal

law.

Sec. 555. Clarification of authority of military legal assistance counsel to provide

military legal assistance without regard to licensing requirements.

Sec. 556. Use of teleconferencing in administrative sessions of courts-martial.

Sec. 557. Sense of Congress on applicability of Uniform Code of Military Justice to

Reserves on inactive-duty training overseas.

SUBTITLE F—MATTERS RELATING TO CASUALTIES

Sec. 561. Authority for members on active duty with disabilities to participate in

Paralympic Games.

Sec. 562. Policy and procedures on casualty assistance to survivors of military decedents.

Sec. 563. Policy and procedures on assistance to severely wounded or injured service members.

Sec. 564. Designation by members of the Armed Forces of persons authorized to direct the disposition of member remains.

SUBTITLE G—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR DEFENSE

DEPENDENTS EDUCATION

Sec. 571. Expansion of authorized enrollment in Department of Defense dependents

schools overseas.

Sec. 572. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 573. Impact aid for children with severe disabilities.

Sec. 574. Continuation of impact aid assistance on behalf of dependents of certain

members despite change in status of member.

SUBTITLE H—DECORATIONS AND AWARDS

Sec. 576. Eligibility for Operation Enduring Freedom campaign medal.

SUBTITLE I—CONSUMER PROTECTION MATTERS

Sec. 577. Requirement for regulations on policies and procedures on personal commercial solicitations on Department of Defense installations.

Sec. 578. Consumer education for members of the Armed Forces and their spouses

on insurance and other financial services.

Sec. 579. Report on predatory lending practices directed at members of the Armed

Forces and their dependents.

SUBTITLE J—REPORTS AND SENSE OF CONGRESS STATEMENTS

Sec. 581. Report on need for a personnel plan for linguists in the Armed Forces.

Sec. 582. Sense of Congress that colleges and universities give equal access to military recruiters and ROTC in accordance with the Solomon Amendment

and requirement for report to Congress.

Sec. 583. Sense of Congress concerning study of options for providing homeland defense education.

Sec. 584. Sense of Congress recognizing the diversity of the members of the Armed

Forces serving in Operation Iraqi Freedom and Operation Enduring

Freedom and honoring their sacrifices and the sacrifices of their families.

SUBTITLE K—OTHER MATTERS

Sec. 589. Expansion and enhancement of authority to present recognition items for

recruitment and retention purposes.

Sec. 590. Extension of date of submittal of report of Veterans’ Disability Benefits

Commission.

Sec. 591. Recruitment and enlistment of home-schooled students in the Armed

Forces.

Sec. 592. Modification of requirement for certain intermediaries under certain authorities relating to adoptions.

119 STAT. 3142 PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 593. Adoption leave for members of the Armed Forces adopting children.

Sec. 594. Addition of information to be covered in mandatory preseparation counseling.

Sec. 595. Report on Transition Assistance Programs.

Sec. 596. Improvement to Department of Defense capacity to respond to sexual assault affecting members of the Armed Forces.

Sec. 597. Authority for appointment of Coast Guard flag officer as Chief of Staff to

the President.

Sec. 598. Prayer at military service academy activities.

Sec. 599. Modification of authority to make military working dogs available for

adoption.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

SUBTITLE A—PAY AND ALLOWANCES

Sec. 601. Increase in basic pay for fiscal year 2006.

Sec. 602. Additional pay for permanent military professors at United States Naval

Academy with over 36 years of service.

Sec. 603. Basic pay rates for reserve component members selected to attend military service academy preparatory schools.

Sec. 604. Clarification of restriction on compensation for correspondence courses.

Sec. 605. Enhanced authority for agency contributions for members of the Armed

Forces participating in the Thrift Savings Plan.

Sec. 606. Pilot program on contributions to Thrift Savings Plan for initial enlistees

in the Army.

Sec. 607. Prohibition against requiring certain injured members to pay for meals

provided by military treatment facilities.

Sec. 608. Permanent authority for supplemental subsistence allowance for low-income members with dependents.

Sec. 609. Increase in basic allowance for housing and extension of temporary lodging expenses authority for areas subject to major disaster declaration or

for installations experiencing sudden increase in personnel levels.

Sec. 610. Basic allowance for housing for reserve component members.

Sec. 611. Permanent increase in length of time dependents of certain deceased

members may continue to occupy military family housing or receive

basic allowance for housing.

Sec. 612. Overseas cost of living allowance.

Sec. 613. Allowance to cover portion of monthly deduction from basic pay for

Servicemembers’ Group Life Insurance coverage for members serving in

Operation Enduring Freedom or Operation Iraqi Freedom.

Sec. 614. Income replacement payments for Reserves experiencing extended and

frequent mobilization for active duty service.

SUBTITLE B—BONUSES AND SPECIAL AND INCENTIVE PAYS

Sec. 621. Extension or resumption of certain bonus and special pay authorities for

reserve forces.

Sec. 622. Extension of certain bonus and special pay authorities for certain health

care professionals.

Sec. 623. Extension of special pay and bonus authorities for nuclear officers.

Sec. 624. Extension of other bonus and special pay authorities.

Sec. 625. Eligibility of oral and maxillofacial surgeons for incentive special pay.

Sec. 626. Eligibility of dental officers for additional special pay.

Sec. 627. Increase in maximum monthly rate authorized for hardship duty pay.

Sec. 628. Flexible payment of assignment incentive pay.

Sec. 629. Active-duty reenlistment bonus.

Sec. 630. Reenlistment bonus for members of the Selected Reserve.

Sec. 631. Consolidation and modification of bonuses for affiliation or enlistment in

the Selected Reserve.

Sec. 632. Expansion and enhancement of special pay for enlisted members of the

Selected Reserve assigned to certain high priority units.

Sec. 633. Eligibility requirements for prior service enlistment bonus.

Sec. 634. Increase and enhancement of affiliation bonus for officers of the Selected

Reserve.

Sec. 635. Increase in authorized maximum amount of enlistment bonus.

Sec. 636. Discretion of Secretary of Defense to authorize retroactive hostile fire and

imminent danger pay.

Sec. 637. Increase in maximum bonus amount for nuclear-qualified officers extending period of active duty.

Sec. 638. Increase in maximum amount of nuclear career annual incentive bonus

for nuclear-qualified officers trained while serving as enlisted members.

Sec. 639. Uniform payment of foreign language proficiency pay to eligible reserve

component members and regular component members.

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Sec. 640. Retention bonus for members qualified in certain critical skills or assigned to high priority units.

Sec. 641. Incentive bonus for transfer between Armed Forces.

Sec. 642. Availability of special pay for members during rehabilitation from

wounds, injuries, and illnesses incurred in a combat operation or combat

zone.

Sec. 643. Pay and benefits to facilitate voluntary separation of targeted members

of the Armed Forces.

Sec. 644. Ratification of payment of critical-skills accession bonus for persons enrolled in Senior Reserve Officers’ Training Corps obtaining nursing degrees.

Sec. 645. Temporary authority to pay bonus to encourage members of the Army to

refer other persons for enlistment in the Army.

SUBTITLE C—TRAVEL AND TRANSPORTATION ALLOWANCES

Sec. 651. Authorized absences of members for which lodging expenses at temporary

duty location may be paid.

Sec. 652. Extended period for selection of home for travel and transportation allowances for dependents of deceased members.

Sec. 653. Transportation of family members in connection with the repatriation of

members held captive.

Sec. 654. Increased weight allowances for shipment of household goods of senior

noncommissioned officers.

Sec. 655. Permanent authority to provide travel and transportation allowances for

family members to visit hospitalized members of the Armed Forces injured in combat operation or combat zone.

SUBTITLE D—RETIRED PAY AND SURVIVOR BENEFITS

Sec. 661. Monthly disbursement to States of State income tax withheld from retired

or retainer pay.

Sec. 662. Denial of certain burial-related benefits for individuals who committed a

capital offense.

Sec. 663. Concurrent receipt of veterans disability compensation and military retired pay.

Sec. 664. Additional amounts of death gratuity for survivors of certain members of

the Armed Forces dying on active duty.

Sec. 665. Child support for certain minor children of retirement-eligible members

convicted of domestic violence resulting in death of child’s other parent.

Sec. 666. Comptroller General report on actuarial soundness of the Survivor Benefit Plan.

SUBTITLE E—COMMISSARY AND NONAPPROPRIATED FUND INSTRUMENTALITY

BENEFITS

Sec. 671. Increase in authorized level of supplies and services procurement from

overseas exchange stores.

Sec. 672. Requirements for private operation of commissary store functions.

Sec. 673. Provision of and payment for overseas transportation services for commissary and exchange supplies and products.

Sec. 674. Compensatory time off for certain nonappropriated fund employees.

Sec. 675. Rest and recuperation leave programs.

SUBTITLE F—OTHER MATTERS

Sec. 681. Temporary Army authority to provide additional recruitment incentives.

Sec. 682. Clarification of leave accrual for members assigned to a deployable ship

or mobile unit or other duty.

Sec. 683. Expansion of authority to remit or cancel indebtedness of members of the

Armed Forces incurred on active duty.

Sec. 684. Loan repayment program for chaplains in the Selected Reserve.

Sec. 685. Inclusion of Senior Enlisted Advisor for the Chairman of the Joint Chiefs

of Staff among senior enlisted members of the Armed Forces.

Sec. 686. Special and incentive pays considered for saved pay upon appointment of

members as officers.

Sec. 687. Repayment of unearned portion of bonuses, special pays, and educational

benefits.

Sec. 688. Rights of members of the Armed Forces and their dependents under

Housing and Urban Development Act of 1968.

Sec. 689. Extension of eligibility for SSI for certain individuals in families that include members of the Reserve and National Guard.

Sec. 690. Information for members of the Armed Forces and their dependents on

rights and protections of the Servicemembers Civil Relief Act.

119 STAT. 3144 PUBLIC LAW 109–163—JAN. 6, 2006

TITLE VII—HEALTH CARE PROVISIONS

SUBTITLE A—IMPROVEMENTS TO HEALTH BENEFITS FOR RESERVES

Sec. 701. Enhancement of TRICARE Reserve Select program.

Sec. 702. Expanded eligibility of members of the Selected Reserve under the

TRICARE program.

SUBTITLE B—TRICARE PROGRAM IMPROVEMENTS

Sec. 711. Additional information required by surveys on TRICARE Standard.

Sec. 712. Availability of chiropractic health care services.

Sec. 713. Surviving-dependent eligibility under TRICARE dental plan for surviving

spouses who were on active duty at time of death of military spouse.

Sec. 714. Exceptional eligibility for TRICARE Prime Remote.

Sec. 715. Increased period of continued TRICARE Prime coverage of children of

members of the uniformed services who die while serving on active duty

for a period of more than 30 days.

Sec. 716. TRICARE Standard in TRICARE Regional Offices.

Sec. 717. Qualifications for individuals serving as TRICARE Regional Directors.

SUBTITLE C—MENTAL HEALTH-RELATED PROVISIONS

Sec. 721. Program for mental health awareness for dependents and pilot project on

post traumatic stress disorder.

Sec. 722. Pilot projects on early diagnosis and treatment of post traumatic stress

disorder and other mental health conditions.

Sec. 723. Department of Defense task force on mental health.

SUBTITLE D—STUDIES AND REPORTS

Sec. 731. Study relating to predeployment and postdeployment medical exams of

certain members of the Armed Forces.

Sec. 732. Requirements for physical examinations and medical and dental readiness for members of the Selected Reserve not on active duty.

Sec. 733. Report on delivery of health care benefits through the military health

care system.

Sec. 734. Comptroller General studies and report on differential payments to children’s hospitals for health care for children dependents and maximum

allowable charge for obstetrical care services under TRICARE.

Sec. 735. Report on the Department of Defense AHLTA global electronic health

record system.

Sec. 736. Comptroller General study and report on Vaccine Healthcare Centers.

Sec. 737. Report on adverse health events associated with use of anti-malarial

drugs.

Sec. 738. Report on Reserve dental insurance program.

Sec. 739. Demonstration project study on Medicare Advantage regional preferred

provider organization option for TRICARE-medicare dual-eligible beneficiaries.

Sec. 740. Pilot projects on pediatric early literacy among children of members of the

Armed Forces.

SUBTITLE E—OTHER MATTERS

Sec. 741. Authority to relocate patient safety center; renaming MedTeams Program.

Sec. 742. Modification of health care quality information and technology enhancement reporting requirement.

Sec. 743. Correction to eligibility of certain Reserve officers for military health care

pending active duty following commissioning.

Sec. 744. Prohibition on conversions of military medical and dental positions to civilian medical positions until submission of certification.

Sec. 745. Clarification of inclusion of dental care in medical readiness tracking and

health surveillance program.

Sec. 746. Cooperative outreach to members and former members of the naval service exposed to environmental factors related to sarcoidosis.

Sec. 747. Repeal of requirement for Comptroller General reviews of certain Department of Defense-Department of Veterans Affairs projects on sharing of

health care resources.

Sec. 748. Pandemic avian flu preparedness.

Sec. 749. Follow up assistance for members of the Armed Forces after

preseparation physical examinations.

Sec. 750. Policy on role of military medical and behavioral science personnel in interrogation of detainees.

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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND

RELATED MATTERS

SUBTITLE A—PROVISIONS RELATING TO MAJOR DEFENSE ACQUISITION

PROGRAMS

Sec. 801. Requirement for certification before major defense acquisition program

may proceed to Milestone B.

Sec. 802. Requirements applicable to major defense acquisition programs exceeding

baseline costs.

Sec. 803. Requirement for determination by Secretary of Defense and notification

to Congress before procurement of major weapon systems as commercial

items.

Sec. 804. Reports on significant increases in program acquisition unit costs or procurement unit costs of major defense acquisition programs.

Sec. 805. Report on use of lead system integrators in the acquisition of major systems.

Sec. 806. Congressional notification of cancellation of major automated information

systems.

SUBTITLE B—ACQUISITION POLICY AND MANAGEMENT

Sec. 811. Internal controls for procurements on behalf of the Department of Defense.

Sec. 812. Management structure for the procurement of contract services.

Sec. 813. Report on service surcharges for purchases made for military departments through other Department of Defense agencies.

Sec. 814. Review of defense acquisition structures and capabilities.

Sec. 815. Modification of requirements applicable to contracts authorized by law for

certain military materiel.

Sec. 816. Guidance on use of tiered evaluations of offers for contracts and task orders under contracts.

Sec. 817. Joint policy on contingency contracting.

Sec. 818. Acquisition strategy for commercial satellite communication services.

Sec. 819. Authorization of evaluation factor for defense contractors employing or

subcontracting with members of the Selected Reserve of the reserve

components of the Armed Forces.

SUBTITLE C—AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES,

PROCEDURES, AND LIMITATIONS

Sec. 821. Participation by Department of Defense in acquisition workforce training

fund.

Sec. 822. Increase in cost accounting standard threshold.

Sec. 823. Modification of authority to carry out certain prototype projects.

Sec. 824. Increased limit applicable to assistance provided under certain procurement technical assistance programs.

SUBTITLE D—UNITED STATES DEFENSE INDUSTRIAL BASE PROVISIONS

Sec. 831. Clarification of exception from Buy American requirements for procurement of perishable food for establishments outside the United States.

Sec. 832. Training for defense acquisition workforce on the requirements of the

Berry Amendment.

Sec. 833. Amendments to domestic source requirements relating to clothing materials and components covered.

SUBTITLE E—OTHER MATTERS

Sec. 841. Review and report on Department of Defense efforts to identify contract

fraud, waste, and abuse.

Sec. 842. Extension of contract goal for small disadvantaged businesses and certain

institutions of higher education.

Sec. 843. Extension of deadline for report of advisory panel on laws and regulations

on acquisition practices.

Sec. 844. Exclusion of certain security expenses from consideration for purpose of

small business size standards.

Sec. 845. Disaster relief for small business concerns damaged by drought.

Sec. 846. Extension of limited acquisition authority for the commander of the

United States Joint Forces Command.

Sec. 847. Civilian Board of Contract Appeals.

Sec. 848. Statement of policy and report relating to contracting with employers of

persons with disabilities.

Sec. 849. Study on Department of Defense contracting with small business concerns

owned and controlled by service-disabled veterans.

119 STAT. 3146 PUBLIC LAW 109–163—JAN. 6, 2006

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

SUBTITLE A—GENERAL DEPARTMENT OF DEFENSE MANAGEMENT MATTERS

Sec. 901. Parity in pay levels among Under Secretary positions.

Sec. 902. Expansion of eligibility for leadership of Department of Defense Test Resource Management Center.

Sec. 903. Standardization of authority for acceptance of gifts and donations for Department of Defense regional centers for security studies.

Sec. 904. Directors of Small Business Programs in Department of Defense and military departments.

Sec. 905. Plan to defend the homeland against cruise missiles and other low-altitude aircraft.

Sec. 906. Provision of audiovisual support services by White House Communications Agency on nonreimbursable basis.

Sec. 907. Report on establishment of a Deputy Secretary of Defense for Management.

Sec. 908. Responsibility of the Joint Chiefs of Staff as military advisers to the

Homeland Security Council.

Sec. 909. Improvement in health care services for residents of Armed Forces Retirement Home.

SUBTITLE B—SPACE ACTIVITIES

Sec. 911. Space Situational Awareness Strategy and space control mission review.

Sec. 912. Military satellite communications.

Sec. 913. Operationally responsive space.

Sec. 914. Report on use of Space Radar for topographical mapping for scientific and

civil purposes.

Sec. 915. Sense of Congress regarding national security aspect of United States

preeminence in human spaceflight.

SUBTITLE C—CHEMICAL DEMILITARIZATION PROGRAM

Sec. 921. Clarification of Cooperative Agreement Authority under Chemical Demilitarization Program.

Sec. 922. Chemical demilitarization facilities.

SUBTITLE D—INTELLIGENCE-RELATED MATTERS

Sec. 931. Department of Defense Strategy for Open-Source Intelligence.

Sec. 932. Comprehensive inventory of Department of Defense Intelligence and Intelligence-related programs and projects.

Sec. 933. Operational files of the Defense Intelligence Agency.

TITLE X—GENERAL PROVISIONS

SUBTITLE A—FINANCIAL MATTERS

Sec. 1001. Transfer authority.

Sec. 1002. Authorization of emergency supplemental appropriations for fiscal years

2005 and 2006.

Sec. 1003. Increase in fiscal year 2005 general transfer authority.

Sec. 1004. Reports on feasibility and desirability of capital budgeting for major defense acquisition programs.

Sec. 1005. United States contribution to NATO common-funded budgets in fiscal

year 2006.

SUBTITLE B—NAVAL VESSELS AND SHIPYARDS

Sec. 1011. Conveyance, Navy drydock, Seattle, Washington.

Sec. 1012. Conveyance, Navy drydock, Jacksonville, Florida.

Sec. 1013. Conveyance, Navy drydock, Port Arthur, Texas.

Sec. 1014. Transfer of battleships U.S.S. WISCONSIN and U.S.S. IOWA.

Sec. 1015. Transfer of ex-U.S.S. Forrest Sherman.

Sec. 1016. Report on leasing of vessels to meet national defense sealift requirements.

Sec. 1017. Establishment of the USS Oklahoma Memorial and other memorials at

Pearl Harbor.

Sec. 1018. Authority to use National Defense Sealift Fund to purchase certain maritime prepositioning ships currently under charter to the Navy.

SUBTITLE C—COUNTER-DRUG ACTIVITIES

Sec. 1021. Resumption of reporting requirement regarding Department of Defense

expenditures to support foreign counter-drug activities.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3147

Sec. 1022. Clarification of authority for joint task forces to support law enforcement

agencies conducting counter-terrorism activities.

Sec. 1023. Sense of Congress regarding drug trafficking deterrence.

SUBTITLE D—MATTERS RELATED TO HOMELAND SECURITY

Sec. 1031. Responsibilities of Assistant Secretary of Defense for Homeland Defense

relating to nuclear, chemical, and biological emergency response.

Sec. 1032. Testing of preparedness for emergencies involving nuclear, radiological,

chemical, biological, and high-yield explosives weapons.

Sec. 1033. Department of Defense chemical, biological, radiological, nuclear, and

high-yield explosives response teams.

Sec. 1034. Repeal of Department of Defense emergency response assistance program.

Sec. 1035. Report on use of Department of Defense aerial reconnaissance assets to

support Homeland Security border security missions.

SUBTITLE E—REPORTS AND STUDIES

Sec. 1041. Review of Defense Base Act insurance.

Sec. 1042. Report on Department of Defense response to findings and recommendations of Defense Science Board Task Force on High Performance

Microchip Supply.

SUBTITLE F—OTHER MATTERS

Sec. 1051. Commission on the Implementation of the New Strategic Posture of the

United States.

Sec. 1052. Reestablishment of EMP Commission.

Sec. 1053. Modernization of authority relating to security of defense property and

facilities.

Sec. 1054. Revision of Department of Defense counterintelligence polygraph program.

Sec. 1055. Preservation of records pertaining to radioactive fallout from nuclear

weapons testing.

Sec. 1056. Technical and clerical amendments.

Sec. 1057. Deletion of obsolete definitions in titles 10 and 32, United States Code.

Sec. 1058. Support for youth organizations.

Sec. 1059. Special immigrant status for persons serving as translators with United

States Armed Forces.

Sec. 1060. Expansion of emergency services under reciprocal agreements.

Sec. 1061. Renewal of moratorium on return of veterans memorial objects to foreign

nations without specific authorization in law.

Sec. 1062. Sense of Congress on national security interest of maintaining aeronautics research and development.

Sec. 1063. Airport certification.

SUBTITLE G—MILITARY MAIL MATTERS

Sec. 1071. Safe delivery of mail in military mail system.

TITLE XI—CIVILIAN PERSONNEL MATTERS

SUBTITLE A—EXTENSIONS OF AUTHORITIES

Sec. 1101. Extension of eligibility to continue Federal employee health benefits.

Sec. 1102. Extension of Department of Defense voluntary reduction in force authority.

Sec. 1103. Extension of authority to make lump sum severance payments.

Sec. 1104. Permanent extension of Science, Mathematics, and Research for Transformation (SMART) Defense Education Program.

Sec. 1105. Authority to waive annual limitation on total compensation paid to Federal civilian employees.

SUBTITLE B—VETERANS PREFERENCE MATTERS

Sec. 1111. Veterans’ preference status for certain veterans who served on active

duty during the period beginning on September 11, 2001, and ending as

of the close of Operation Iraqi Freedom.

Sec. 1112. Veterans’ preference eligibility for military reservists.

SUBTITLE C—OTHER MATTERS

Sec. 1121. Transportation of family members in connection with the repatriation of

Federal employees held captive.

Sec. 1122. Strategic human capital plan for civilian employees of the Department

of Defense.

119 STAT. 3148 PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 1123. Independent study on features of successful personnel management systems of highly technical and scientific workforces.

Sec. 1124. Support by Department of Defense of pilot project for Civilian Linguist

Reserve Corps.

Sec. 1125. Increase in authorized number of positions in Defense Intelligence Senior Executive Service.

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS

SUBTITLE A—ASSISTANCE AND TRAINING

Sec. 1201. Extension of humanitarian and civic assistance provided to host nations

in conjunction with military operations.

Sec. 1202. Commanders’ Emergency Response Program.

Sec. 1203. Modification of geographic restriction under bilateral and regional cooperation programs for payment of certain expenses of defense personnel of developing countries.

Sec. 1204. Authority for Department of Defense to enter into acquisition and crossservicing agreements with regional organizations of which the United

States is not a member.

Sec. 1205. Two-year extension of authority for payment of certain administrative

services and support for coalition liaison officers.

Sec. 1206. Authority to build the capacity of foreign military forces.

Sec. 1207. Security and stabilization assistance.

Sec. 1208. Reimbursement of certain coalition nations for support provided to

United States military operations.

Sec. 1209. Authority to transfer defense articles and provide defense services to the

military and security forces of Iraq and Afghanistan.

SUBTITLE B—NONPROLIFERATION MATTERS AND COUNTRIES OF CONCERN

Sec. 1211. Prohibition on procurements from Communist Chinese military companies.

Sec. 1212. Report on nonstrategic nuclear weapons.

SUBTITLE C—REPORTS AND SENSE OF CONGRESS PROVISIONS

Sec. 1221. War-related reporting requirements.

Sec. 1222. Quarterly reports on war strategy in Iraq.

Sec. 1223. Report on records of civilian casualties in Afghanistan and Iraq.

Sec. 1224. Annual report on Department of Defense costs to carry out United Nations resolutions.

Sec. 1225. Report on claims related to the bombing of the LaBelle Discotheque.

Sec. 1226. Sense of Congress concerning cooperation with Russia on issues pertaining to missile defense.

Sec. 1227. United States policy on Iraq.

SUBTITLE D—OTHER MATTERS

Sec. 1231. Purchase of weapons overseas for force protection purposes in countries

in which combat operations are ongoing.

Sec. 1232. Riot control agents.

Sec. 1233. Requirement for establishment of certain criteria applicable to Global

Posture Review.

Sec. 1234. The United States-China Economic Security Review Commission.

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. Permanent waiver of restrictions on use of funds for threat reduction in

states of the former Soviet Union.

Sec. 1304. Report on elimination of impediments to threat-reduction and nonproliferation programs in the former Soviet Union.

Sec. 1305. Repeal of requirement for annual Comptroller General assessment of annual Department of Defense report on activities and assistance under

Cooperative Threat Reduction programs.

TITLE XIV—MATTERS RELATING TO DETAINEES

Sec. 1401. Short title.

Sec. 1402. Uniform standards for the interrogation of persons under the detention

of the Department of Defense.

Sec. 1403. Prohibition on cruel, inhuman, or degrading treatment or punishment of

persons under custody or control of the United States Government.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3149

Sec. 1404. Protection of United States Government personnel engaged in authorized interrogations. Sec. 1405. Procedures for status review of detainees outside the United States.

Sec. 1406. Training of Iraqi security forces regarding treatment of detainees.

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. Air Force procurement.

Sec. 1505. Defense-wide activities procurement.

Sec. 1506. Research, development, test and evaluation.

Sec. 1507. Operation and maintenance.

Sec. 1508. Defense Working Capital Fund.

Sec. 1509. Defense Health Program.

Sec. 1510. Military personnel.

Sec. 1511. Iraq Freedom Fund.

Sec. 1512. Treatment as additional authorizations.

Sec. 1513. Transfer authority.

Sec. 1514. Availability of funds.

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 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.

Sec. 2205. Modification of authority to carry out certain fiscal year 2004 project.

Sec. 2206. Modifications of authority to carry out certain fiscal year 2005 projects.

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. Energy conservation projects.

Sec. 2403. 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 2003 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 2002 projects.

TITLE XXVIII—GENERAL PROVISIONS

SUBTITLE A—MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY

HOUSING CHANGES

Sec. 2801. Modification of congressional notification requirements for certain military construction activities.

119 STAT. 3150 PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 2802. Increase in number of family housing units in Korea authorized for lease

by the Army at maximum amount.

Sec. 2803. Improvement in availability and timeliness of Department of Defense information regarding military construction and family housing accounts

and activities.

Sec. 2804. Modification of cost variation authority.

Sec. 2805. Inapplicability to child development centers of restriction on authority to

acquire or construct ancillary supporting facilities.

Sec. 2806. Department of Defense Housing Funds.

Sec. 2807. Use of design-build selection procedures to accelerate design effort in

connection with military construction projects.

Sec. 2808. Acquisition of associated utilities, equipment, and furnishings in reserve

component facility exchange.

Sec. 2809. One-year extension of temporary, limited authority to use operation and

maintenance funds for construction projects outside the United States.

Sec. 2810. Temporary program to use minor military construction authority for construction of child development centers.

Sec. 2811. General and flag officers quarters in the National Capital Region.

SUBTITLE B—REAL PROPERTY AND FACILITIES ADMINISTRATION

Sec. 2821. Consolidation of Department of Defense land acquisition authorities and

limitations on use of such authorities.

Sec. 2822. Modification of authorities on agreements to limit encroachments and

other constraints on military training, testing, and operations.

Sec. 2823. Modification of utility system conveyance authority and related reporting requirements.

Sec. 2824. Report on application of force protection and anti-terrorism standards to

leased facilities.

Sec. 2825. Report on use of ground source heat pumps at Department of Defense

facilities.

SUBTITLE C—BASE CLOSURE AND REALIGNMENT

Sec. 2831. Additional reporting requirements regarding base closure process and

use of Department of Defense base closure accounts.

Sec. 2832. Expanded availability of adjustment and diversification assistance for

communities adversely affected by mission realignments in base closure

process.

Sec. 2833. Treatment of Indian Tribal Governments as public entities for purposes

of disposal of real property recommended for closure in July 1993 BRAC

Commission report.

Sec. 2834. Termination of project authorizations for military installations approved

for closure in 2005 round of base realignments and closures.

Sec. 2835. Required consultation with State and local entities on issues related to

increase in number of military personnel at military installations.

Sec. 2836. Sense of Congress regarding infrastructure and installation requirements for transfer of units and personnel from closed and realigned

military installations to receiving locations.

Sec. 2837. Defense access road program and military installations affected by defense base closure process or Integrated Global Presence and Basing

Strategy.

Sec. 2838. Sense of Congress on reversionary interests involving real property at

Navy homeports.

SUBTITLE D—LAND CONVEYANCES

PART I—ARMY CONVEYANCES

Sec. 2841. Land conveyance, Camp Navajo, Arizona.

Sec. 2842. Land conveyance, Iowa Army Ammunition Plant, Middletown, Iowa.

Sec. 2843. Land conveyance, Helena, Montana.

Sec. 2844. Lease authority, Army Heritage and Education Center, Carlisle, Pennsylvania.

Sec. 2845. Land exchange, Fort Hood, Texas.

Sec. 2846. Modification of land conveyance, Engineer Proving Ground, Fort Belvoir,

Virginia.

Sec. 2847. Land conveyance, Fort Belvoir, Virginia.

Sec. 2848. Land conveyance, Army Reserve Center, Bothell, Washington.

PART II—NAVY CONVEYANCES

Sec. 2851. Land conveyance, Marine Corps Air Station, Miramar, San Diego, California.

Sec. 2852. Lease or license of United States Navy Museum facilities at Washington

Navy Yard, District of Columbia.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3151

PART III—AIR FORCE CONVEYANCES

Sec. 2861. Purchase of build-to-lease family housing, Eielson Air Force Base, Alaska.

Sec. 2862. Land conveyance, Air Force property, Jacksonville, Arkansas.

Sec. 2863. Land conveyance, Air Force property, La Junta, Colorado.

Sec. 2864. Lease, National Imagery and Mapping Agency site, St. Louis, Missouri.

SUBTITLE E—OTHER MATTERS

Sec. 2871. Clarification of moratorium on certain improvements at Fort Buchanan,

Puerto Rico.

Sec. 2872. Transfer of excess Department of Defense property on Santa Rosa and

Okaloosa Island, Florida, to Gulf Islands National Seashore.

Sec. 2873. Authorized military uses of Papago Park Military Reservation, Phoenix,

Arizona.

Sec. 2874. Assessment of water needs for Presidio of Monterey and Ord Military

Community.

Sec. 2875. Redesignation of McEntire Air National Guard Station, South Carolina,

as McEntire Joint National Guard Base.

Sec. 2876. Sense of Congress regarding community impact assistance related to

construction of Navy landing field, North Carolina.

Sec. 2877. Sense of Congress on establishment of Bakers Creek Memorial.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS

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 cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

SUBTITLE B—OTHER MATTERS

Sec. 3111. Reliable Replacement Warhead program.

Sec. 3112. Rocky Flats Environmental Technology Site.

Sec. 3113. Report on compliance with Design Basis Threat issued by Department

of Energy in 2005.

Sec. 3114. Reports associated with Waste Treatment and Immobilization Plant

Project, Hanford Site, Richland, Washington.

Sec. 3115. Report on assistance for a comprehensive inventory of Russian nonstrategic nuclear weapons.

Sec. 3116. Report on international border security programs.

Sec. 3117. Savannah River National Laboratory.

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. Revisions to required receipt objectives for previously authorized disposals from National Defense Stockpile.

Sec. 3303. Authorization for disposal of tungsten ores and concentrates.

Sec. 3304. Disposal of ferromanganese.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV—MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2006.

Sec. 3502. Payments for State and regional maritime academies.

Sec. 3503. Maintenance and repair reimbursement pilot program.

Sec. 3504. Tank vessel construction assistance.

Sec. 3505. Improvements to the Maritime Administration vessel disposal program.

Sec. 3506. Assistance for small shipyards and maritime communities.

Sec. 3507. Transfer of authority for title XI non-fishing loan guarantee decisions to

Maritime Administration.

Sec. 3508. Technical corrections.

119 STAT. 3152 PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 3509. United States Maritime Service.

Sec. 3510. Awards and medals.

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 utility helicopters.

Sec. 112. Multiyear procurement authority for modernized target acquisition designation sight/pilot night vision sensors for AH–64 Apache attack helicopters. Sec. 113. Multiyear procurement authority for conversion of AH–64A Apache attack

helicopters to the AH–64D Block II configuration. Sec. 114. Acquisition strategy for tactical wheeled vehicle programs.

Sec. 115. Report on Army Modular Force Initiative.

SUBTITLE C—NAVY PROGRAMS

Sec. 121. Virginia-class submarine program.

Sec. 122. LHA Replacement (LHA(R)) amphibious assault ship program.

Sec. 123. Cost limitation for next-generation destroyer program.

Sec. 124. Littoral Combat Ship (LCS) program.

Sec. 125. Prohibition on acquisition of next-generation destroyer through a single

shipyard. Sec. 126. Aircraft carrier force structure.

Sec. 127. Refueling and complex overhaul of the U.S.S. Carl Vinson.

Sec. 128. CVN–78 aircraft carrier.

Sec. 129. LHA Replacement (LHA(R)) ship.

Sec. 130. Report on alternative propulsion methods for surface combatants and amphibious warfare ships.

SUBTITLE D—AIR FORCE PROGRAMS

Sec. 131. C–17 aircraft program and assessment of intertheater airlift requirements.

Sec. 132. Prohibition on retirement of KC–135E aircraft.

Sec. 133. Prohibition on retirement of F–117 aircraft during fiscal year 2006.

Sec. 134. Prohibition on retirement of C–130E/H tactical airlift aircraft during fiscal year 2006. Sec. 135. Procurement of C–130J/KC–130J aircraft after fiscal year 2005.

Sec. 136. Report on Air Force aircraft aeromedical evacuation programs.

SUBTITLE E—JOINT AND MULTISERVICE MATTERS

Sec. 141. Requirement that tactical unmanned aerial vehicles use specified standard data link.

Sec. 142. Limitation on initiation of new unmanned aerial vehicle systems.

Sec. 143. Advanced SEAL Delivery System.

Subtitle A—Authorization of

Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal year

2006 for procurement for the Army as follows:

10 USC 101 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3153

(1) For aircraft, $2,792,580,000.

(2) For missiles, $1,246,850,000.

(3) For weapons and tracked combat vehicles,

$1,652,949,000.

(4) For ammunition, $1,738,872,000.

(5) For other procurement, $4,328,934,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) NAVY.—Funds are hereby authorized to be appropriated

for fiscal year 2006 for procurement for the Navy as follows:

(1) For aircraft, $9,803,126,000.

(2) For weapons, including missiles and torpedoes,

$2,737,841,000.

(3) For shipbuilding and conversion, $8,880,623,000.

(4) For other procurement, $5,518,287,000.

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2006 for procurement for the Marine Corps

in the amount of $1,396,705,000.

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby

authorized to be appropriated for fiscal year 2006 for procurement

of ammunition for the Navy and the Marine Corps in the amount

of $867,470,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year

2006 for procurement for the Air Force as follows:

(1) For aircraft, $12,862,333,000.

(2) For ammunition, $1,021,207,000.

(3) For missiles, $5,394,557,000.

(4) For other procurement, $14,024,689,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal year

2006 for Defense-wide procurement in the amount of

$2,646,988,000.

Subtitle B—Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR UTILITY HELICOPTERS.

(a) UH–60M BLACK HAWK HELICOPTERS.—Subject to subsection

(c), the Secretary of the Army may enter into a multiyear contract

for the procurement of UH–60M Black Hawk helicopters.

(b) MH–60S SEAHAWK HELICOPTERS.—Subject to subsection (c),

the Secretary of the Army, acting as executive agent for the Department of the Navy, may enter into a multiyear contract for the

procurement of MH–60S Seahawk helicopters.

(c) CONTRACT REQUIREMENTS.—Any multiyear contract under

this section shall be entered into in accordance with section 2306b

of title 10, United States Code, and shall commence with the

fiscal year 2007 program year.

119 STAT. 3154 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR MODERNIZED

TARGET ACQUISITION DESIGNATION SIGHT/PILOT NIGHT

VISION SENSORS FOR AH–64 APACHE ATTACK HELICOPTERS.

(a) AUTHORITY.—The Secretary of the Army may, in accordance

with section 2306b of title 10, United States Code, enter into a

multiyear contract, beginning with the fiscal year 2006 program

year, for procurement of modernized target acquisition designation

sight/pilot night vision sensors for AH–64 Apache attack helicopters.

(b) LIMITATION ON TERM OF CONTRACT.—Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a

contract under this section may not be for a period in excess

of four program years.

SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION

OF AH–64A APACHE ATTACK HELICOPTERS TO THE AH–

64D BLOCK II CONFIGURATION.

(a) AUTHORITY.—The Secretary of the Army may, in accordance

with section 2306b of title 10, United States Code, enter into a

multiyear contract, beginning with the fiscal year 2006 program

year, for conversion of AH–64A Apache attack helicopters to the

AH–64D Block II configuration.

(b) LIMITATION ON TERM OF CONTRACT.—Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a

contract under this section may not be for a period in excess

of four program years.

SEC. 114. ACQUISITION STRATEGY FOR TACTICAL WHEELED VEHICLE

PROGRAMS.

(a) ARMY.—If, in carrying out a program for modernization

and recapitalization of the fleet of tactical wheeled vehicles of

the Army, the Secretary of the Army determines to award a contract

for procurement of a new vehicle class for the next-generation

tactical wheeled vehicle, the Secretary shall award and execute

the acquisition program under that contract as a joint service

program with the Marine Corps.

(b) MARINE CORPS.—If, in carrying out a program for modernization and recapitalization of the fleet of tactical wheeled

vehicles of the Marine Corps, the Secretary of the Navy determines

to award a contract for procurement of a new vehicle class for

the next-generation tactical wheeled vehicle, the Secretary shall

award and execute the acquisition program under that contract

as a joint service program with the Army.

(c) APPLICABILITY ONLY TO NEW VEHICLE CLASS.—Subsections

(a) and (b) do not apply to a contract for modifications, upgrades,

or product improvements to the existing fleet of tactical wheeled

vehicles of the Army or Marine Corps, respectively.

SEC. 115. REPORT ON ARMY MODULAR FORCE INITIATIVE.

(a) REPORT.—The Secretary of the Army shall submit to the

congressional defense committees a report on the complex of programs referred to as the Army Modular Force Initiative. The report

shall be submitted not later than 30 days after the date of the

submission to Congress of a request by the President for the enactment of emergency supplemental appropriations for the Department

of Defense for fiscal year 2006.

(b) MATTERS TO BE INCLUDED.—The report under subsection

(a) shall include the following:

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3155

(1) A specification of each acquisition program of the Army

that is considered by the Secretary of the Army to be part

of the complex of programs constituting the Army Modular

Force Initiative.

(2) For each program specified under paragraph (1), the

acquisition objective of the program, the funding profile of

the program, and the requirement for the program.

(3) The requirements of each such program that, under

current funding plans of the Department of Defense for fiscal

years after fiscal year 2006, would not be funded.

(4) A detailed accounting of the amounts for the Army

Modular Force Initiative in the request for supplemental appropriations referred to in subsection (a).

Subtitle C—Navy Programs

SEC. 121. VIRGINIA-CLASS SUBMARINE PROGRAM.

(a) LIMITATION OF COSTS.—Except as provided in subsection

(b), the total amount obligated or expended for procurement of

the five Virginia-class submarines designated as SSN–779, SSN–

780, SSN–781, SSN–782, and SSN–783 may not exceed the following amounts:

(1) For the SSN–779 submarine, $2,330,000,000.

(2) For the SSN–780 submarine, $2,470,000,000.

(3) For the SSN–781 submarine, $2,550,000,000.

(4) For the SSN–782 submarine, $2,670,000,000.

(5) For the SSN–783 submarine, $2,720,000,000.

(b) ADJUSTMENT OF LIMITATION AMOUNTS.—The Secretary of

the Navy may adjust the amount set forth in subsection (a) for

any Virginia-class submarine specified in that subsection by the

following:

(1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2005.

(2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local

laws enacted after September 30, 2005.

(3) The amounts of outfitting costs and post-delivery costs

incurred for that submarine.

(4) The amounts of increases or decreases in costs of that

submarine that are attributable to insertion of new technology

into that submarine, as compared to the technology built into

the lead vessel of the Virginia class.

(c) LIMITATION ON TECHNOLOGY INSERTION COST ADJUST- MENT.—The Secretary of the Navy may use the authority under

paragraph (4) of subsection (b) to adjust the amount set forth

in subsection (a) for any Virginia-class submarine with respect

to insertion of new technology into that submarine only if—

(1) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology

would lower the life-cycle cost of the submarine; or

(2) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology

is required to meet an emerging threat and the Secretary

of Defense certifies to those committees that such threat poses

grave harm to national security.

119 STAT. 3156 PUBLIC LAW 109–163—JAN. 6, 2006

(d) NOTICE TO CONGRESS OF PROGRAM CHANGES.—The Secretary of the Navy shall submit to the congressional defense committees each year, at the same time that the budget is submitted

under section 1105(a) of title 31, United States Code, for the next

fiscal year, written notice of any change in any of the amounts

set forth in subsection (a) during the preceding fiscal year that

the Secretary has determined to be associated with a cost referred

to in subsection (b).

SEC. 122. LHA REPLACEMENT (LHA(R)) AMPHIBIOUS ASSAULT SHIP

PROGRAM.

(a) LIMITATION ON PROCUREMENT FUNDS.—Of the funds available to the Department of the Navy for Shipbuilding and Conversion, Navy, for fiscal year 2006 for procurement for the LHA

Replacement (LHA(R)) amphibious assault ship program, not more

than 70 percent may be obligated or expended until the Secretary

of the Navy submits to the congressional defense committees the

Secretary’s certification in writing that—

(1) a detailed operational requirements document for the

program has been approved within the Department of Defense

by an appropriate approval authority; and

(2) there exists a stable design for the LHA(R) class of

vessels.

(b) STABLE DESIGN.—For purposes of this section, the design

of a class of vessels shall be considered to be stable when no

substantial change to the design is anticipated.

SEC. 123. COST LIMITATION FOR NEXT-GENERATION DESTROYER PROGRAM.

(a) LIMITATION OF COSTS.—Except as provided in subsection

(b), the total amount obligated or expended for procurement of

the fifth vessel in the next-generation destroyer program may not

exceed $2,300,000,000.

(b) ADJUSTMENT OF LIMITATION AMOUNT.—The Secretary of

the Navy may adjust the amount set forth in subsection (a) for

the vessel referred to in that subsection by the following:

(1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2005.

(2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local

laws enacted after September 30, 2005.

(3) The amounts of outfitting costs and post-delivery costs

incurred for that vessel.

(4) The amounts of increases or decreases in costs of that

vessel that are attributable to insertion of new technology into

that vessel, as compared to the technology built into the lead

vessel of the next-generation destroyer program class.

(c) LIMITATION ON TECHNOLOGY INSERTION COST ADJUST- MENT.—The Secretary of the Navy may use the authority under

paragraph (4) of subsection (b) to adjust the amount set forth

in subsection (a) for the vessel referred to in that subsection with

respect to insertion of new technology into that vessel only if—

(1) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology

would lower the life-cycle cost of the vessel; or

(2) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology

is required to meet an emerging threat and the Secretary

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3157

of Defense certifies to those committees that such threat poses

grave harm to national security.

(d) WRITTEN NOTICE OF CHANGE IN AMOUNT.—

(1) REQUIREMENT.—The Secretary of the Navy shall submit

to the congressional defense committees each year, at the same

time that the budget is submitted under section 1105(a) of

title 31, United States Code, for the next fiscal year, written

notice of any change in the amount set forth in subsection

(a) during the preceding fiscal year that the Secretary has

determined to be associated with a cost referred to in subsection

(b).

(2) EFFECTIVE DATE.—The requirement in paragraph (1)

shall become effective with the budget request for the year

of procurement of the vessel referred to in subsection (a), such

year being the fiscal year in which the Secretary of the Navy

intends to award a contract for detail design and construction.

(e) NEXT-GENERATION DESTROYER PROGRAM.—In this section,

the term ‘‘next-generation destroyer program’’ means the program

to acquire and deploy a new class of destroyers as the followon to the Arleigh Burke class of destroyers.

SEC. 124. LITTORAL COMBAT SHIP (LCS) PROGRAM.

(a) LIMITATION OF COSTS.—Except as provided in subsection

(b), the total amount obligated or expended for procurement of

the fifth and sixth vessels in the Littoral Combat Ship (LCS)

class of vessels, excluding amounts for elements designated by

the Secretary of the Navy as a mission package, may not exceed

$220,000,000 per vessel.

(b) ADJUSTMENT OF LIMITATION AMOUNT.—The Secretary of

the Navy may adjust the amount set forth in subsection (a) for

either vessel referred to in that subsection by the following:

(1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2005.

(2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local

laws enacted after September 30, 2005.

(3) The amounts of outfitting costs and post-delivery costs

incurred for that vessel.

(4) The amounts of increases or decreases in costs of that

vessel that are attributable to insertion of new technology into

that vessel, as compared to the technology built into the first

and second vessels, respectively, of the Littoral Combat Ship

(LCS) class of vessels.

(c) LIMITATION ON TECHNOLOGY INSERTION COST ADJUSTMENT.—The Secretary of the Navy may use the authority under

paragraph (4) of subsection (b) to adjust the amount set forth

in subsection (a) for any vessel referred to in that subsection with

respect to insertion of new technology into that vessel only if—

(1) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology

would lower the life-cycle cost of the vessel; or

(2) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology

is required to meet an emerging threat and the Secretary

of Defense certifies to those committees that such threat poses

grave harm to national security.

(d) ANNUAL REPORT ON COST GROWTH.—

119 STAT. 3158 PUBLIC LAW 109–163—JAN. 6, 2006

(1) REQUIREMENT.—The Secretary of the Navy shall submit

to the congressional defense committees each year, at the same

time that the budget is submitted under section 1105(a) of

title 31, United States Code, for the next fiscal year, written

notice of any change in the amount set forth in subsection

(a) during the preceding fiscal year that the Secretary has

determined to be associated with a cost referred to in subsection

(b).

(2) EFFECTIVE DATE.—The requirement in paragraph (1)

shall become effective with the budget request for the year

of procurement of the fifth and sixth vessels in the Littoral

Combat Ship (LCS) class of vessels, such year being the fiscal

year in which the Secretary of the Navy intends to award

a contract for detail design and construction of those vessels.

(e) ANNUAL REPORT ON MISSION PACKAGES.—The Secretary

of the Navy shall submit to the congressional defense committees

each year, at the same time as the President’s budget for the

next fiscal year is submitted under section 1105(a) of title 31,

United States Code, a report that provides current information

regarding the content of any element of the Littoral Combat Ship

(LCS) class of vessels that is designated as a ‘‘mission package’’,

the estimated cost of any such element, and the total number

of such elements anticipated.

(f) LIMITATION ON SHIPS AND MISSION MODULES.—No funds

available to the Navy may be used for the procurement of Littoral

Combat Ships, or elements for such Littoral Combat Ships referred

to in subsection (e), after procurement of the first four vessels

in the Littoral Combat Ship (LCS) class until the Secretary of

the Navy submits to the congressional defense committees the

Secretary’s certification in writing that there exist stable designs

for the Littoral Combat Ship class of vessels.

(g) STABLE DESIGN.—For purposes of this section, the designs

of a class of vessels shall be considered to be stable when no

substantial change to those designs is anticipated.

SEC. 125. PROHIBITION ON ACQUISITION OF NEXT-GENERATION

DESTROYER THROUGH A SINGLE SHIPYARD.

(a) PROHIBITION.—The Secretary of the Navy may not acquire

vessels under the next-generation destroyer program through a

winner-take-all acquisition strategy.

(b) PROHIBITION ON USE OF FUNDS.—The Secretary of the Navy

may not obligate or expend any funds to prepare for, conduct,

or implement a strategy for the acquisition of vessels under the

next-generation destroyer program through a winner-take-all

acquisition strategy.

(c) WINNER-TAKE-ALL ACQUISITION STRATEGY DEFINED.—In this

section, the term ‘‘winner-take-all acquisition strategy’’, with respect

to the acquisition of vessels under the next-generation destroyer

program, means the acquisition (including design and construction)

of such vessels through a single shipyard.

(d) NEXT-GENERATION DESTROYER PROGRAM.—In this section,

the term ‘‘next-generation destroyer program’’ means the program

to acquire and deploy a new class of destroyers as the followon to the Arleigh Burke class of destroyers.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3159

SEC. 126. AIRCRAFT CARRIER FORCE STRUCTURE.

(a) REQUIREMENT FOR 12 OPERATIONAL AIRCRAFT CARRIERS

WITHIN THE NAVY.—Section 5062 of title 10, United States Code,

is amended—

(1) by redesignating subsections (b) and (c) as subsections

(c) and (d), respectively; and

(2) by inserting after subsection (a) the following new subsection (b):

‘‘(b) The naval combat forces of the Navy shall include not

less than 12 operational aircraft carriers. For purposes of this

subsection, an operational aircraft carrier includes an aircraft carrier that is temporarily unavailable for worldwide deployment due

to routine or scheduled maintenance or repair.’’.

(b) FUNDING FOR REPAIR AND MAINTENANCE OF U.S.S. JOHN

F. KENNEDY.—Of the amounts available for operation and maintenance for the Navy pursuant to this Act and any other Act for

fiscal year 2006, not more than $288,000,000 shall be available

for repair and maintenance to extend the life of the U.S.S. John

F. Kennedy (CVN–67).

SEC. 127. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. CARL

VINSON.

(a) AMOUNT AUTHORIZED FROM FY06 SCN ACCOUNT.—Of the

amount authorized to be appropriated by section 102(a)(3) for fiscal

year 2006 for shipbuilding and conversion, Navy, $1,493,563,000

is available for work on the nuclear refueling and complex overhaul

of the U.S.S. Carl Vinson (CVN–70) under the contract authorized

by Public Law 109–104.

(b) CONTRACT AUTHORITY.—The amount specified in subsection

(a) includes the amount of $89,000,000 made available by Public

Law 109–104 for fiscal year 2006 for a period of such fiscal year

preceding the enactment of this Act.

SEC. 128. CVN–78 AIRCRAFT CARRIER.

(a) AUTHORITY TO USE MULTIPLE YEARS OF FUNDING.—The

Secretary of the Navy is authorized to enter into a contract for

detail design and construction of the aircraft carrier designated

CVN–78 that provides that, subject to subsection (b), funds for

payments under the contract may be provided from amounts appropriated for Shipbuilding and Conversion, Navy, for fiscal years

2007, 2008, and 2009.

(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract described in subsection (a) shall provide that any obligation

of the United States to make a payment under the contract for

a fiscal year after fiscal year 2006 is subject to the availability

of appropriations for that purpose for that fiscal year.

SEC. 129. LHA REPLACEMENT (LHA(R)) SHIP.

(a) AMOUNT AUTHORIZED FROM SCN ACCOUNT FOR FISCAL YEAR

2006.—Of the amount authorized to be appropriated by section

102(a)(3) for fiscal year 2006 for shipbuilding and conversion, Navy,

$200,447,000 shall be available for design, advance procurement,

advance construction, detail design, and construction with respect

to the LHA Replacement (LHA(R)) ship.

(b) AMOUNTS AUTHORIZED FROM SCN ACCOUNT FOR FISCAL

YEARS 2007 AND 2008.—Amounts authorized to be appropriated

for fiscal years 2007 and 2008 for shipbuilding and conversion,

119 STAT. 3160 PUBLIC LAW 109–163—JAN. 6, 2006

Navy, shall be available for construction with respect to the LHA

Replacement ship.

(c) CONTRACT AUTHORITY.—

(1) DESIGN, ADVANCE PROCUREMENT, AND ADVANCE

CONSTRUCTION.—The Secretary of the Navy may enter into

a contract during fiscal year 2006 for design, advance procurement, and advance construction with respect to the LHA

Replacement ship.

(2) DETAIL DESIGN AND CONSTRUCTION.—The Secretary may

enter into a contract during fiscal year 2006 for the detail

design and construction of the LHA Replacement ship.

(d) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract entered into under subsection (c) shall provide that any obligation of the United States to make a payment under the contract

for a fiscal year after fiscal year 2006 is subject to the availability

of appropriations for that purpose for such fiscal year.

(e) FUNDING AS INCREMENT OF FULL FUNDING.—The amounts

available under subsections (a) and (b) for the LHA Replacement

ship are the first increments of funding for the full funding of

the LHA Replacement (LHA(R)) ship program.

SEC. 130. REPORT ON ALTERNATIVE PROPULSION METHODS FOR SURFACE COMBATANTS AND AMPHIBIOUS WARFARE SHIPS.

(a) ANALYSIS OF ALTERNATIVES.—The Secretary of the Navy

shall conduct an analysis of alternative propulsion methods for

surface combatant vessels and amphibious warfare ships of the

Navy.

(b) REPORT.—The Secretary shall submit to the congressional

defense committees a report on the analysis of alternative propulsion systems carried out under subsection (a). The report shall

be submitted not later than November 1, 2006.

(c) MATTERS TO BE INCLUDED.—The report under subsection

(b) shall include the following:

(1) The key assumptions used in carrying out the analysis

under subsection (a).

(2) The methodology and techniques used in conducting

the analysis.

(3) A description of current and future technology relating

to propulsion that has been incorporated in recently-designed

surface combatant vessels and amphibious warfare ships or

that is expected to be available for those types of vessels within

the next 10-to-20 years.

(4) A description of each propulsion alternative for surface

combatant vessels and amphibious warfare ships that was

considered under the study and an analysis and evaluation

of each such alternative from an operational and cost-effectiveness standpoint.

(5) A comparison of the life-cycle costs of each propulsion

alternative.

(6) For each nuclear propulsion alternative, an analysis

of when that nuclear propulsion alternative becomes cost effective as the price of a barrel of crude oil increases for each

type of surface combatant vessel and each type of amphibious

warfare ship.

(7) The conclusions and recommendations of the study,

including those conclusions and recommendations that could

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3161

impact the design of future ships or lead to modifications of

existing ships.

(8) The Secretary’s intended actions, if any, for implementation of the conclusions and recommendations of the study.

(d) LIFE-CYCLE COSTS.—For purposes of this section, the term

‘‘life-cycle costs’’ includes those elements of cost that would be

considered for a life-cycle cost analysis for a major defense acquisition program.

Subtitle D—Air Force Programs

SEC. 131. C–17 AIRCRAFT PROGRAM AND ASSESSMENT OF INTERTHEATER AIRLIFT REQUIREMENTS.

(a) MULTIYEAR PROCUREMENT AUTHORIZED.—Subject to subsection (b), the Secretary of the Air Force may, in accordance

with section 2306b of title 10, United States Code, enter into a

multiyear contract, beginning with the fiscal year 2006 program

year, for the procurement of up to 42 additional C–17 aircraft.

(b) CERTIFICATION REQUIRED.—The Secretary of the Air Force

may not exercise the authority in subsection (a) until the Secretary

of Defense submits to the congressional defense committees a certification that the additional airlift capacity to be provided by the

C–17 aircraft to be procured under that authority is consistent

with the assessment of the intertheater airlift capabilities required

to support the national defense strategy carried out pursuant to

subsection (c) and submitted to the congressional committees pursuant to subsection (d).

(c) ASSESSMENT OF INTERTHEATER AIRLIFT REQUIREMENTS.—

(1) REQUIREMENT.—The Secretary of Defense shall carry

out an assessment of the intertheater airlift capabilities

required to support the national defense strategy. The assessment shall include development of recommendations for future

airlift force structure requirements, together with an explanation for each such recommendation. The Secretary shall

submit the assessment pursuant to subsection (d).

(2) ADDITIONAL INFORMATION.—In the report on the results

of the assessment required by paragraph (1), the Secretary

shall explain how the recommendations for future airlift force

structure requirements in that report take into account the

following:

(A) The increased airlift demands associated with the

Army modular brigade combat teams.

(B) The objective to be able to deliver—

(i) a brigade combat team anywhere in the world

within four to seven days;

(ii) a division anywhere in the world within 10

days; and

(iii) multiple divisions anywhere in the world

within 20 days.

(C) The increased airlift demands associated with the

expanded scope of operational activities of the Special Operations forces.

(D) The realignment of the overseas basing structure

in accordance with the Integrated Presence and Basing

Strategy announced by the Secretary of Defense on March

20, 2003.

Reports.

119 STAT. 3162 PUBLIC LAW 109–163—JAN. 6, 2006

(E) Adjustments in the force structure to meet homeland defense requirements.

(F) The potential for simultaneous homeland defense

activities and major combat operations.

(G) Potential changes in requirements for intratheater

airlift or sealift capabilities.

(H) The capability of the Civil Reserve Air Fleet to

provide adequate augmentation in meeting global mobility

requirements.

(d) SUBMISSION OF ASSESSMENT OF INTERTHEATER AIRLIFT

REQUIREMENTS.—

(1) INCLUSION IN QUADRENNIAL DEFENSE REVIEW.—Subject

to paragraph (2), the assessment of the intertheater airlift

capabilities required to support the national defense strategy

required by subsection (c)(1) shall be carried out as part of

the quadrennial defense review under section 118 of title 10,

United States Code, in 2005 and in accordance with the provisions of subsection (d)(9) of that section, and the report under

subsection (c)(1) on that assessment shall be included in the

report on that quadrennial defense review submitted to the

Committees on Armed Services of the Senate and House of

Representatives with the budget of the President for fiscal

year 2007 (as submitted under section 1105(a) of title 31, United

States Code).

(2) ALTERNATIVE SUBMISSION.—If the Secretary of Defense

determines that, because of the date required by law for the

submission of the report on the quadrennial defense review

referred to in paragraph (1), the assessment of the intertheater

airlift capabilities required to support the national defense

strategy required by subsection (c)(1) cannot be carried out

as part of the quadrennial defense review referred to in paragraph (1), the Secretary may submit the report of such assessment not later than 45 days after the date of the submission

of that review pursuant to section 118(d) of title 10, United

States Code. In that case, the Secretary shall submit the report

of such assessment to the congressional defense committees.

(e) MAINTENANCE OF C–17 AIRCRAFT PRODUCTION LINE.—If

the Secretary of Defense is unable to make the certification specified

in subsection (b), the Secretary of the Air Force should procure

sufficient C–17 aircraft to maintain the C–17 aircraft production

line at not less than the minimum sustaining rate until sufficient

flight test data regarding improved C–5 aircraft mission capability

rates as a result of the Reliability Enhancement and Re-engining

Program and Avionics Modernization Program have been obtained

to determine the validity of assumptions concerning the C–5 aircraft

used in the Mobility Capabilities Study.

SEC. 132. PROHIBITION ON 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 2006.

SEC. 133. PROHIBITION ON RETIREMENT OF F–117 AIRCRAFT DURING

FISCAL YEAR 2006.

The Secretary of the Air Force may not retire any F–117

Nighthawk attack aircraft during fiscal year 2006.

Reports.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3163

SEC. 134. PROHIBITION ON RETIREMENT OF C–130E/H TACTICAL AIRLIFT AIRCRAFT DURING FISCAL YEAR 2006.

The Secretary of the Air Force may not retire any C–130E/

H tactical airlift aircraft during fiscal year 2006.

SEC. 135. PROCUREMENT OF C–130J/KC–130J AIRCRAFT AFTER FISCAL

YEAR 2005.

Any C–130J/KC–130J aircraft procured after fiscal year 2005

(including C–130J/KC–130J aircraft procured through a multiyear

contract continuing in force from a fiscal year before fiscal year

2006) shall be procured through a contract under part 15 of the

Federal Acquisition Regulation (FAR), relating to acquisition of

items by negotiated contract (48 CFR 15.000 et seq.), rather than

through a contract under part 12 of the Federal Acquisition Regulation, relating to acquisition of commercial items (48 CFR 12.000

et seq.).

SEC. 136. REPORT ON AIR FORCE AIRCRAFT AEROMEDICAL EVACUATION PROGRAMS.

(a) REPORT REQUIRED.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of the Air Force shall

submit to the congressional defense committees a report on aircraft

aeromedical evacuation programs of the Air Force. The report shall

contain a comprehensive evaluation and overall assessment of (1)

the current aeromedical evacuation program, carried out through

the use of designated aircraft, compared to (2) the former

aeromedical evacuation program, carried out through the use of

dedicated aircraft.

(b) MATTERS TO BE INCLUDED.—The report shall include the

following:

(1) A description of challenges and capability gaps of the

current aircraft aeromedical evacuation program compared to

the challenges and capability gaps of the former program.

(2) A description of possible means by which to best mitigate or resolve the challenges and capability gaps described

under paragraph (1) with respect to the current program.

(3) Specification of medical equipment or upgrades needed

to enhance the current program.

(4) Specification of aircraft equipment or upgrades needed

to enhance the current program.

(5) A description of the advantages and disadvantages of

the current program compared to the advantages and disadvantages of the former program.

(6) A cost comparison analysis of the current program

and the former program.

(7) A description of the manner in which customer feedback

is obtained and applied to the current program.

Subtitle E—Joint and Multiservice Matters

SEC. 141. REQUIREMENT THAT TACTICAL UNMANNED AERIAL

VEHICLES USE SPECIFIED STANDARD DATA LINK.

(a) REQUIREMENT.—The Secretary of Defense shall take such

steps as necessary to ensure that (except as specified in subsection

(c)) all tactical unmanned aerial vehicles (UAVs) of the Army,

Navy, Marine Corps, and Air Force are equipped and configured

so that—

119 STAT. 3164 PUBLIC LAW 109–163—JAN. 6, 2006

(1) the data link used by those vehicles is the Department

of Defense standard tactical unmanned aerial vehicle data link

known as the Tactical Common Data Link (TCDL), until such

time as the Tactical Common Data Link standard is replaced

by an updated standard for use by those vehicles; and

(2) those vehicles use data formats consistent with the

architectural standard for tactical unmanned aerial vehicles

known as STANAG 4586, developed to facilitate multinational

interoperability among NATO member nations.

(b) FUNDING LIMITATION.—After December 1, 2006, no funds

available to the Department of Defense may be used to enter

into a contract for procurement of a new tactical unmanned aerial

vehicle system with data links other than as required by subsection

(a)(1).

(c) WAIVER AUTHORITY.—The Under Secretary of Defense for

Acquisition, Technology, and Logistics may waive the applicability

of subsection (a) to any tactical unmanned aerial vehicle if the

Under Secretary determines, and certifies to the congressional

defense committees, that it would be technologically infeasible or

uneconomically acceptable to integrate a tactical data link specified

in that subsection into that tactical unmanned aerial vehicle.

(d) REPORT.—Not later than February 1, 2006, the Secretary

of each military department shall submit to Congress a report

on the status of implementation of standard data links for

unmanned aerial vehicles under the jurisdiction of the Secretary

in accordance with subsection (a).

SEC. 142. LIMITATION ON INITIATION OF NEW UNMANNED AERIAL

VEHICLE SYSTEMS.

(a) LIMITATION.—Funds available to the Department of Defense

may not be used to procure an unmanned aerial vehicle (UAV)

system, including any air vehicle, data link, ground station, sensor,

or other associated equipment for any such system, or to modify

any such system to include any form of armament, unless such

procurement or modification is authorized in writing in advance

by the Under Secretary of Defense for Acquisition, Technology,

and Logistics.

(b) EXCEPTION FOR EXISTING SYSTEMS.—The limitation in subsection (a) does not apply with respect to an unmanned aerial

vehicle (UAV) system for which funds are under contract as of

the date of the enactment of this Act or for which funds have

been appropriated for procurement before the date of the enactment

of this Act.

SEC. 143. ADVANCED SEAL DELIVERY SYSTEM.

(a) LIMITATION.—Of the amounts authorized to be appropriated

for fiscal year 2006 for operation and maintenance, Defense-wide,

that are available for the United States Special Operations Command, $10,100,000 may not be obligated or expended until the

Secretary of Defense submits to the congressional defense committees each of the following:

(1) The Secretary’s certification that the Secretary has

revalidated the requirement for the Advanced SEAL Delivery

System.

(2) A report on the Advanced SEAL Delivery System program that, at a minimum, includes—

(A) the conclusions of the quadrennial defense review

concerning the program;

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3165

(B) the number of boats required for the program and

the manner of their expected employment;

(C) an updated cost estimate for the program; and

(D) a timeline for addressing the technological challenges faced by the program by March 1, 2006.

(b) REPORT ON ONGOING CRITICAL SYSTEMS REVIEW.—Not later

than January 1, 2007, the Secretary shall submit to the congressional defense committees a report providing the conclusions of

the ongoing critical systems review with respect to the Advanced

SEAL Delivery System 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. Annual Comptroller General report on Future Combat Systems program.

Sec. 212. Contract for the procurement of the Future Combat Systems (FCS).

Sec. 213. Limitations on systems development and demonstration of manned

ground vehicles under Armored Systems Modernization program.

Sec. 214. Separate program elements required for significant systems development

and demonstration projects for Armored Systems Modernization program.

Sec. 215. Initiation of program to design and develop next-generation nuclear attack submarine.

Sec. 216. Extension of requirements relating to management responsibility for

naval mine countermeasures programs.

Sec. 217. Single set of requirements for Army and Marine Corps heavy lift rotorcraft program.

Sec. 218. Requirements for development of tactical radio communications systems.

Sec. 219. Limitation on systems development and demonstration of Personnel Recovery Vehicle.

Sec. 220. Limitation on VXX helicopter program.

Sec. 221. Report on testing of Internet Protocol version 6.

SUBTITLE C—MISSILE DEFENSE PROGRAMS

Sec. 231. Report on capabilities and costs for operational boost/ascent-phase missile

defense systems.

Sec. 232. One-year extension of Comptroller General assessments of ballistic missile defense programs.

Sec. 233. Fielding of ballistic missile defense capabilities.

Sec. 234. Plans for test and evaluation of operational capability of the ballistic missile defense system.

SUBTITLE D—HIGH-PERFORMANCE DEFENSE MANUFACTURING TECHNOLOGY

RESEARCH AND DEVELOPMENT

Sec. 241. Pilot program for identification and transition of advanced manufacturing

processes and technologies.

Sec. 242. Transition of transformational manufacturing processes and technologies

to defense manufacturing base.

Sec. 243. Manufacturing technology strategies.

Sec. 244. Report.

Sec. 245. Definitions.

SUBTITLE E—OTHER MATTERS

Sec. 251. Comptroller General report on program element structure for research,

development, test, and evaluation projects.

Sec. 252. Research and development efforts for purposes of small business research.

Sec. 253. Revised requirements relating to submission of Joint Warfighting Science

and Technology Plan.

Sec. 254. Report on efficiency of naval shipbuilding industry.

Sec. 255. Technology transition.

119 STAT. 3166 PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 256. Prevention, mitigation, and treatment of blast injuries.

Sec. 257. Modification of requirements for annual report on DARPA program to

award cash prizes for advanced technology achievements.

Sec. 258. Designation of facilities and resources constituting the Major Range and

Test Facility Base.

Sec. 259. Report on cooperation between Department of Defense and National Aeronautics and Space Administration on research, development, test, and

evaluation activities.

Sec. 260. Delayed effective date for limitation on procurement of systems not GPSequipped.

Sec. 261. Report on development and use of robotics and unmanned ground vehicle

systems.

Subtitle A—Authorization of

Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2006 for the use of the Department of Defense for research, development, test, and evaluation as follows:

(1) For the Army, $10,036,004,000.

(2) For the Navy, $18,581,441,000.

(3) For the Air Force, $22,305,012,000.

(4) For Defense-wide activities, $19,277,402,000, of which

$168,458,000 is authorized for the Director of Operational Test

and Evaluation.

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

(a) FISCAL YEAR 2006.—Of the amounts authorized to be appropriated by section 201, $11,363,021,000 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 TECHNOLOGY 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 budget

activities 1, 2, and 3.

Subtitle B—Program Requirements,

Restrictions, and Limitations

SEC. 211. ANNUAL COMPTROLLER GENERAL REPORT ON FUTURE COMBAT SYSTEMS PROGRAM.

(a) ANNUAL GAO REVIEW.—The Comptroller General shall conduct an annual review of the Future Combat Systems program

and shall, not later than March 15 of each year, submit to Congress

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 Future

Combat Systems program under subsection (a) shall include the

following with respect to research and development under the program:

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3167

(1) The extent to which systems development and demonstration under the program is meeting established goals,

including the goals established for performance, key performance parameters, technology readiness levels, cost, and

schedule.

(2) The budget for the current fiscal year, and the projected

budget for the next fiscal year, for all Department of Defense

programs directly supporting the Future Combat Systems program and an evaluation of the contribution each such program

makes to meeting the goals established for performance, key

performance parameters, and technology readiness levels of

the Future Combat Systems program.

(3) The plan for such systems development and demonstration (leading to production) for the fiscal year that begins

in the year in which the report is submitted.

(4) The Comptroller General’s conclusion regarding whether

such systems development and demonstration (leading to

production) 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 Future Combat Systems 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) TERMINATION.—No report is required under this section

after systems development and demonstration under the Future

Combat Systems program is completed.

SEC. 212. CONTRACT FOR THE PROCUREMENT OF THE FUTURE COMBAT SYSTEMS (FCS).

The Secretary of the Army shall procure the Future Combat

Systems (FCS) through a contract under part 15 of the Federal

Acquisition Regulation (FAR), relating to acquisition of items by

negotiated contract (48 CFR 15.000 et seq.), rather than through

a transaction under section 2371 of title 10, United States Code.

SEC. 213. LIMITATIONS ON SYSTEMS DEVELOPMENT AND DEMONSTRATION OF MANNED GROUND VEHICLES UNDER ARMORED

SYSTEMS MODERNIZATION PROGRAM.

(a) LIMITATIONS.—Of the amounts appropriated or otherwise

made available pursuant to the authorization of appropriations

in section 201 for the Armored Systems Modernization program,

not more than 70 percent may be obligated for systems development

and demonstration of manned ground vehicle variants under that

program until each of the following occurs:

(1) The Secretary of Defense certifies to the congressional

defense committees that the threshold requirements for manned

ground vehicle variants with respect to lethality and survivability have been met and demonstrated, in accordance with

applicable regulations, in a relevant environment to be at least

equal to the lethality and survivability of the manned ground

vehicles to be replaced by those variants.

(2) The Secretary of Defense submits to the congressional

defense committees the results of an independent analysis carried out with respect to the transportability requirement for

the manned ground vehicle variants under the Future Combat

Systems program for the purpose of determining whether—

(A) the requirement can be supported by the futureyears defense plan and the projected extended planning

Reports.

119 STAT. 3168 PUBLIC LAW 109–163—JAN. 6, 2006

period inter-theater and intra-theater airlift force structure

budget;

(B) the requirement is justified by any likely deployment scenario envisioned by current operational plans; and

(C) the projected unit procurement cost warrants the

investment required to deploy those variants.

(3) The Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense

committees the results of 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.

(4) The Secretary of the Army submits to the congressional

defense committees a report containing—

(A) the organizational design, quantities, and fielding

plan for each of the current force Brigade Combat Teams

and the Future Combat Systems Brigade Combat Teams;

and

(B) the Future Combat Systems Manned Ground

Vehicle research, development, test, and evaluation and

procurement plan and budgets through the future-years

defense plan, including unit procurement cost for each

Future Combat Systems Manned Ground Vehicle variant

in constant and current-year dollars.

(5) The Secretary of Defense submits to the congressional

defense committees a report describing and evaluating the

requirements and budgets for the technology insertion program

for integrating Future Combat Systems capabilities into current

force programs through the future-years defense plan for the

purpose of determining—

(A) the balance in programs and resources between

the Future Combat Systems Brigade Combat Teams and

the current force Brigade Combat Teams;

(B) the feasibility of accelerating technology insertion

into the current force Brigade Combat Teams;

(C) the level of research, development, test, and evaluation and procurement funding to support planned technology insertions into the current force Brigade Combat

Teams through the future-years defense plan; and

(D) the capabilities of a current force Brigade Combat

Team equipped with planned technology insertions in 2010,

in comparison to a Future Combat Systems Manned

Ground Vehicle Brigade Combat Team in 2014.

(b) EXCEPTION FOR NON-LINE-OF-SIGHT CANNON SYSTEM.—This

section does not apply with respect to the obligation of funds for

systems development and demonstration of the non-line-of-sight

cannon system.

SEC. 214. SEPARATE PROGRAM ELEMENTS REQUIRED FOR SIGNIFICANT SYSTEMS DEVELOPMENT AND DEMONSTRATION

PROJECTS FOR ARMORED SYSTEMS MODERNIZATION

PROGRAM.

(a) PROGRAM ELEMENTS SPECIFIED.—Effective for the budget

of the President submitted to Congress under section 1105(a) of

title 31, United States Code, for fiscal year 2008 and each fiscal

year thereafter, the Secretary of Defense shall ensure that a separate, dedicated program element is assigned to each of the following

10 USC 221 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3169

systems development and demonstration projects of the Armored

Systems Modernization program:

(1) Manned Ground Vehicles.

(2) Systems of Systems Engineering and Program Management.

(3) Future Combat Systems Reconnaissance Platforms and

Sensors.

(4) Future Combat Systems Unmanned Ground Vehicles.

(5) Unattended Sensors.

(6) Sustainment.

(b) EARLY COMMENCEMENT OF DISPLAY IN BUDGET JUSTIFICATION MATERIALS.—As part of the budget justification materials submitted to Congress in support of the Department of Defense budget

for fiscal year 2007, as submitted with the budget of the President

under such section 1105(a), the Secretary of the Army shall set

forth the budget justification material for the systems development

and demonstration projects of the Armored Systems Modernization

program identified in subsection (a) as if the projects were already

separate program elements.

(c) TECHNOLOGY INSERTION TO CURRENT FORCE.—

(1) REPORT ON ESTABLISHMENT OF ADDITIONAL PROGRAM

ELEMENT.—Not later than June 1, 2006, the Secretary of the

Army shall submit a report to the congressional defense

committees describing the manner in which the costs of integrating Future Combat Systems capabilities into current force

programs could be assigned to a separate, dedicated program

element and any management issues that would be raised

as a result of establishing such a program element.

(2) DISPLAY IN BUDGET JUSTIFICATION MATERIALS.—As part

of the budget justification materials submitted to Congress

in support of the Department of Defense budget for fiscal year

2007 and each fiscal year thereafter, as submitted with the

budget of the President under such section 1105(a), the Secretary of the Army shall set forth the budget justification

material for technology insertion to the current force under

the Armored Systems Modernization program.

SEC. 215. INITIATION OF PROGRAM TO DESIGN AND DEVELOP NEXTGENERATION NUCLEAR ATTACK SUBMARINE.

(a) PROGRAM REQUIRED.—The Secretary of the Navy shall initiate a program to design and develop the next-generation of nuclear

attack submarines.

(b) OBJECTIVE.—The objective of the program required by subsection (a) is to develop a nuclear attack submarine that meets

or exceeds the warfighting capability of a submarine of the current

Virginia class at a cost dramatically lower than the cost of a

submarine of the Virginia class. The Secretary may meet such

objective by modifying the Virginia class of nuclear submarines

to incorporate new technology.

(c) REPORT.—

(1) IN GENERAL.—The Secretary of the Navy shall include,

with the defense budget justification materials submitted in

support of the President’s budget for fiscal year 2007 submitted

to Congress under section 1105 of title 31, United States Code,

a report on the program required by subsection (a).

(2) CONTENTS.—The report shall include—

119 STAT. 3170 PUBLIC LAW 109–163—JAN. 6, 2006

(A) an outline of the management approach to be used

in carrying out the program;

(B) the goals for the program; and

(C) a schedule for the program.

SEC. 216. EXTENSION OF REQUIREMENTS RELATING TO MANAGEMENT

RESPONSIBILITY FOR NAVAL MINE COUNTERMEASURES

PROGRAMS.

(a) IN GENERAL.—Section 216 of the National Defense

Authorization Act for Fiscal Years 1992 and 1993 (Public Law

102–190; 105 Stat. 1317), as most recently amended by section

212 of the Bob Stump National Defense Authorization Act for

Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2480), is

amended—

(1) in subsection (a), by striking ‘‘2008’’ and inserting

‘‘2011’’;

(2) in subsection (b)(1), by inserting after ‘‘Secretary of

Defense’’ the following: ‘‘, and the Secretary of Defense has

forwarded to the congressional defense committees,’’;

(3) in subsection (b)(2), by inserting before the semicolon

at the end the following: ‘‘and, by so certifying, ensures that

the budget meets the requirements of section 2437 of title

10, United States Code’’; and

(4) by striking subsection (c) and inserting the following

new subsection (c):

‘‘(c) NOTIFICATION OF CERTAIN PROPOSED CHANGES.—

‘‘(1) IN GENERAL.—With respect to a fiscal year, the Secretary may not carry out any change to the naval mine countermeasures master plan or the budget resources for mine countermeasures with respect to that fiscal year until after the Under

Secretary of Defense for Acquisition, Technology, and Logistics

submits to the congressional defense committees a notification

of the proposed change. Such notification shall describe the

nature of the proposed change and the effect of the proposed

change on the naval mine countermeasures program or related

programs with respect to that fiscal year.

‘‘(2) EXCEPTION.—Paragraph (1) does not apply to a change

if both—

‘‘(A) the amount of the change is below the applicable

reprogramming threshold; and

‘‘(B) the effect of the change does not affect the validity

of the decision to certify.’’.

(b) NOTICE AND CERTIFICATION BEFORE DECOMMISSIONG OF

MHC–51 VESSELS.—The Secretary of the Navy may not decommission any vessel of the MHC–51 mine countermeasures class before

the end of the service life of that vessel until—

(1) the Secretary submits to the Committee on Armed

Services of the Senate and the Committee on Armed Services

of the House of Representatives a report on existing capabilities

to assume the MHC–51 mission, together with the Secretary’s

certification that the capabilities of the vessels of the MHC–

51 mine countermeasures class are no longer required; and

(2) a period of 30 days has elapsed after the date of receipt

of that report and certification by those committees.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3171

SEC. 217. SINGLE SET OF REQUIREMENTS FOR ARMY AND MARINE

CORPS HEAVY LIFT ROTORCRAFT PROGRAM.

(a) JOINT REQUIREMENT.—The Secretary of the Army and the

Secretary of the Navy shall develop a single set of requirements

for the Joint Heavy Lift program for the Army and the Marine

Corps.

(b) APPROVAL BY JROC REQUIRED.—The Secretary of Defense

may not authorize entry into Systems Development and Demonstration for the next-generation heavy lift rotorcraft until the single

joint requirement required by subsection (a) has been approved

by the Joint Requirements Oversight Council.

(c) EXCEPTION.—This section does not apply to the CH–53X

Heavy Lift Replacement Program.

SEC. 218. REQUIREMENTS FOR DEVELOPMENT OF TACTICAL RADIO

COMMUNICATIONS SYSTEMS.

(a) INTERIM TACTICAL RADIO COMMUNICATIONS.—The Secretary

of Defense shall—

(1) assess the immediate requirements of the military

departments for tactical radio communications systems;

(2) ensure that the military departments rapidly acquire

tactical radio communications systems utilizing existing technology or mature systems readily available in the commercial

marketplace; and

(3) develop a plan and roadmap for the development,

procurement, deployment, and sustainment of interim and

future tactical radio communications systems.

(b) JOINT TACTICAL RADIO SYSTEM.—The Secretary of Defense

shall apply Department of Defense Instruction 5000.2 to the Joint

Tactical Radio System in a manner that does not permit the Milestone B entrance requirements to be waived unless the Secretary

certifies that the Department is unable to meet critical national

security objectives.

(c) CERTIFICATION OF BUDGETS.—

(1) BUDGETING THROUGH JOINT PROGRAM OFFICE.—The Secretary of Defense shall require that the Secretary of each military department, and the head of each Defense Agency with

programs developing components of or research related to the

Joint Tactical Radio System transmit such proposed budgets

for these activities, including all waveform development activities, for a fiscal year to the head of the single joint program

office designated under section 213 of the National Defense

Authorization Act for Fiscal Year 2004 (Public Law 108–136;

117 Stat. 1416) for review and certification under paragraph

(2) before submitting such proposed budget to the Under Secretary of Defense (Comptroller).

(2) ACTIONS OF HEAD OF JOINT PROGRAM OFFICE.—The head

of the single joint program office designated under section

213 of the National Defense Authorization Act for Fiscal Year

2004 (Public Law 108–136; 117 Stat. 1416) shall review each

proposed budget transmitted under paragraph (1) and shall,

not later than January 31 of the year preceding the fiscal

year for which such budgets are proposed, submit to the Secretary of Defense a report containing comments with respect

to all such proposed budgets, together with the certification

as to whether such proposed budgets are adequate and whether

Reports.

Deadline.

119 STAT. 3172 PUBLIC LAW 109–163—JAN. 6, 2006

such proposed budgets provide balanced support for the plan

required under subsection (a)(3).

(3) ACTIONS OF SECRETARY OF DEFENSE.—The Secretary

of Defense shall, not later than March 31 of the year preceding

the fiscal year for which such budgets are proposed, submit

to Congress a report on those proposed budgets which the

head of the single joint program office has not certified under

paragraph (2) to be adequate, including a discussion of the

actions that the Secretary proposes to take to address the

inadequacy of the proposed budgets.

(d) REPORT ON IMPLEMENTATION REQUIRED.—Not later than

May 1, 2006, 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

implementation of this section.

SEC. 219. LIMITATION ON SYSTEMS DEVELOPMENT AND DEMONSTRATION OF PERSONNEL RECOVERY VEHICLE.

Not more than 40 percent of the amounts made available pursuant to the authorization of appropriations in section 201 for systems

development and demonstration of the Personnel Recovery Vehicle

may be obligated until 30 days after the date on which the Secretary

of Defense submits to the congressional defense committees each

of the following:

(1) The Secretary’s certification that the requirements for

the Personnel Recovery Vehicle have been validated by the

Joint Requirements Oversight Council and that the acquisition

schedule has been validated by the Under Secretary of Defense

for Acquisition, Technology, and Logistics.

(2) The Secretary’s certification that all technologies

required to meet the requirements (as validated under paragraph (1)) for the Personnel Recovery Vehicle are mature and

will have been demonstrated in a relevant environment before

inclusion in production aircraft.

(3) The Secretary’s assessment of whether another aircraft,

or modification of an aircraft, in the inventory of the Department of Defense can meet the requirements and provide a

more cost effective solution (as validated under paragraph (1))

for the Personnel Recovery Vehicle Program.

(4) In the event that the Department chooses to award

a contract for the Personnel Recovery Vehicle Program for

an aircraft not in the Department of Defense inventory, the

Secretary’s explanation of the reasons why the chosen system

would be more effective or less expensive in terms of total

life-cycle costs.

(5) A statement setting forth the independent cost estimate

and manpower estimate (as required by section 2434 of title

10, United States Code) for the Personnel Recovery Vehicle.

SEC. 220. LIMITATION ON VXX HELICOPTER PROGRAM.

(a) LIMITATION.—Of the amounts appropriated or otherwise

made available pursuant to the authorization of appropriations

in section 201 for the VXX executive helicopter program, not more

than 75 percent may be obligated for system development and

demonstration of the VXX helicopter until the Secretary of the

Navy submits to Congress an event-driven acquisition strategy for

Increment Two of the program that includes the completion of

Reports.

Deadline.

Reports.

Deadline.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3173

at least one phase of operational testing on production representative test vehicles before the initiation of aircraft production. That

acquisition strategy shall be developed by the Secretary working

the with the Director of Operational Test and Evaluation of the

Department of Defense.

(b) REPORT.—Not later than March 15, 2006, the Secretary

of the Navy shall submit to the congressional defense committees

a report setting forth in detail the acquisition strategy referred

to in subsection (a). The report shall, at a minimum, include the

following:

(1) A list of the critical technologies required for the production and operation of Increment Two aircraft for the VXX

executive helicopter program.

(2) A schedule that accepts no more than moderate risk

in either cost or schedule for the demonstration and test of

each critical technology listed pursuant to paragraph (1).

(3) A description of the event-based decision points and

associated decision criteria that will occur before the initiation

of production of Increment two aircraft.

(4) A description of a proposed operational evaluation using

production representative test vehicles to occur before the initiation of production of Increment Two aircraft.

(5) An evaluation of the acquisition strategy for Increment

Two aircraft detailed in the report provided by the Director

of Operational Test and Evaluation of the Department of

Defense.

SEC. 221. REPORT ON TESTING OF INTERNET PROTOCOL VERSION

6.

(a) ADDITIONAL PLAN ELEMENT.—Subsection (b) of section 331

of the Ronald W. Reagan National Defense Authorization Act for

Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1850) is amended

by adding at the end the following new paragraph:

‘‘(5) A certification by the Chairman of the Joint Chiefs

of Staff that the conversion of Department of Defense networks

to Internet Protocol version 6 will provide equivalent or better

performance and capabilities than that which would be provided

by any other combination of available technologies or protocols.’’.

(b) OFFICIAL RESPONSIBLE FOR OVERSIGHT OF TEST AND

EVALUATION PLAN.—Such section is further amended—

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following new subsection (d):

‘‘(d) OFFICIAL RESPONSIBLE FOR OVERSIGHT OF TEST AND

EVALUATION PLAN.—The Secretary of Defense shall designate the

Director of Operational Test and Evaluation of the Department

of Defense as the official responsible within the Department of

Defense for oversight and direction of the test and evaluation plan

under this section and for approval of the master test and evaluation

plan under this section.’’.

(c) ANNUAL REPORT.—Subsection (e) of such section (as redesignated by subsection (b)(1)) is amended to read as follows:

‘‘(e) REPORTS.—

‘‘(1) Not later than June 30, 2006, the Secretary of Defense

shall submit to the congressional defense committees a report

119 STAT. 3174 PUBLIC LAW 109–163—JAN. 6, 2006

containing the transition plan under subsection (a), updated

to the time of the submission of the report.

‘‘(2) For each of fiscal years 2006 through 2008, the Secretary of Defense shall, not later than the end of that fiscal

year, submit to the congressional defense committees a report

on the testing and evaluation carried out pursuant to subsection

(c).’’.

Subtitle C—Missile Defense Programs

SEC. 231. REPORT ON CAPABILITIES AND COSTS FOR OPERATIONAL

BOOST/ASCENT-PHASE MISSILE DEFENSE SYSTEMS.

(a) SECRETARY OF DEFENSE ASSESSMENT.—The Secretary of

Defense shall conduct an assessment of the United States missile

defense programs that are designed to provide capability against

threat ballistic missiles in the boost/ascent phase of flight.

(b) PURPOSE.—The purpose of the assessment shall be to compare and contrast—

(1) capabilities of those programs (if operational) to defeat,

while in the boost/ascent phase of flight, ballistic missiles

launched from North Korea or a location in the Middle East

against the continental United States, Alaska, or Hawaii; and

(2) asset requirements and costs for those programs to

become operational with the capabilities referred to in paragraph (1).

(c) REPORT.—Not later than October 1, 2006, the Secretary

shall submit to Congress a report providing the results of the

assessment.

SEC. 232. ONE-YEAR EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MISSILE DEFENSE PROGRAMS.

(a) EXTENSION.—Section 232(g) of the National Defense

Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10

U.S.C. 2431 note) is amended—

(1) in paragraph (1), by striking ‘‘through 2006’’ and

inserting ‘‘through 2007’’; and

(2) in paragraph (2), by striking ‘‘through 2007’’ and

inserting ‘‘through 2008’’.

(b) MODIFICATION OF SUBMITTAL DATE.—Paragraph (2) of such

section is further amended by striking ‘‘February 15’’ and inserting

‘‘March 15’’.

SEC. 233. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

Upon approval by the Secretary of Defense, funds authorized

to be appropriated for fiscal years 2006 and 2007 for research,

development, test, and evaluation for the Missile Defense Agency

may be used for the development and fielding of ballistic missile

defense capabilities.

SEC. 234. PLANS FOR TEST AND EVALUATION OF OPERATIONAL CAPABILITY OF THE BALLISTIC MISSILE DEFENSE SYSTEM.

(a) TEST AND EVALUATION PLANS FOR BLOCKS.—

(1) PLANS REQUIRED.—With respect to block 06 and each

subsequent block of the Ballistic Missile Defense System, the

appropriate joint and service operational test and evaluation

components of the Department of Defense concerned with the

10 USC 2431

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3175

block shall prepare a plan, appropriate for the level of technological maturity of the block, to test, evaluate, and characterize

the operational capability of the block.

(2) CONSULTATION AND REVIEW.—The preparation of each

plan under this subsection shall be—

(A) carried out in coordination with the Missile Defense

Agency; and

(B) subject to the review and approval of the Director

of Operational Test and Evaluation.

(b) REPORTS ON TEST AND EVALUATION OF BLOCKS.—At the

conclusion of the test and evaluation of block 06 and each subsequent block of the Ballistic Missile Defense System, the Director

of Operational Test and Evaluation shall submit to the Secretary

of Defense and the congressional defense committees a report providing—

(1) the assessment of the Director as to whether or not

the test and evaluation was adequate to evaluate the operational capability of the block; and

(2) the characterization of the Director as to the operational

effectiveness, suitability, and survivability of the block, as

appropriate for the level of technological maturity of the block

tested.

Subtitle D—High-Performance Defense

Manufacturing Technology Research and

Development

SEC. 241. PILOT PROGRAM FOR IDENTIFICATION AND TRANSITION

OF ADVANCED MANUFACTURING PROCESSES AND TECHNOLOGIES.

(a) PILOT PROGRAM REQUIRED.—The Under Secretary of

Defense for Acquisition, Technology, and Logistics shall conduct

a pilot program under the authority of section 2521 of title 10,

United States Code, to identify and transition advanced manufacturing processes and technologies the utilization of which would

achieve significant productivity and efficiency gains in the defense

manufacturing base.

(b) CONSIDERATION OF DEFENSE PRIORITIES.—In carrying out

subsection (a), the Under Secretary shall take into consideration

the defense priorities established in the most current Joint

Warfighting Science and Technology plan, as required under section

270 of the National Defense Authorization Act for Fiscal Year

1997 (Public Law 104–201; 10 U.S.C. 2501 note).

(c) IDENTIFICATION FOR TRANSITION.—In identifying manufacturing processes and technologies for transition to the defense

manufacturing base under the pilot program, the Under Secretary

shall select the most promising transformational technologies and

manufacturing processes, in consultation with the Director of

Defense Research and Engineering, the Joint Defense Manufacturing Technology Panel, and other such entities as may be appropriate, including the Director of the Small Business Innovation

Research Program.

10 USC 2521

note.

119 STAT. 3176 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 242. TRANSITION OF TRANSFORMATIONAL MANUFACTURING

PROCESSES AND TECHNOLOGIES TO DEFENSE MANUFACTURING BASE.

(a) PROTOTYPES AND TEST BEDS.—The Under Secretary of

Defense for Acquisition, Technology, and Logistics shall undertake

the development of prototypes and test beds to validate the manufacturing processes and technologies selected for transition under

the pilot program under section 241.

(b) DIFFUSION OF ENHANCEMENTS.—The Under Secretary shall

seek the cooperation of industry in adopting such manufacturing

processes and technologies through the following:

(1) The Manufacturing Extension Partnership Program.

(2) The identification of incentives for industry to incorporate and utilize such manufacturing processes and technologies.

SEC. 243. MANUFACTURING TECHNOLOGY STRATEGIES.

(a) IN GENERAL.—The Under Secretary of Defense for Acquisition, Technology, and Logistics may—

(1) identify an area of technology where the development

of an industry-prepared roadmap for new manufacturing and

technology processes applicable to defense manufacturing

requirements would be beneficial to the Department of Defense;

and

(2) establish a task force, and act in cooperation, with

the private sector to map the strategy for the development

of manufacturing processes and technologies needed to support

technology development in the area identified under paragraph

(1).

(b) COMMENCEMENT OF ROADMAPPING.—The Under Secretary

shall commence any roadmapping identified pursuant to subsection

(a)(1) not later than January 2007.

SEC. 244. REPORT.

(a) IN GENERAL.—Not later than December 31, 2007, the Under

Secretary of the Defense for Acquisition, Technology, and Logistics

shall submit to the congressional defense committees a report on

the actions undertaken by the Under Secretary under this subtitle

during fiscal year 2006.

(b) ELEMENTS.—The report under subsection (a) shall include—

(1) a comprehensive description of the actions undertaken

under this subtitle during fiscal year 2006;

(2) an assessment of effectiveness of such actions in

enhancing research and development on manufacturing technologies and processes, and the implementation of such within

the defense manufacturing base; and

(3) such recommendations as the Under Secretary considers

appropriate for additional actions to be undertaken in order

to increase the effectiveness of the actions undertaken under

this subtitle in enhancing manufacturing activities within the

defense manufacturing base.

SEC. 245. DEFINITIONS.

In this subtitle:

(1) DEFENSE MANUFACTURING BASE.—The term ‘‘defense

manufacturing base’’ includes any supplier of the Department

of Defense, including a supplier of raw materials.

10 USC 2521

note.

10 USC 2521

note.

Deadline.

10 USC 2521

note.

10 USC 2521

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3177

(2) MANUFACTURING EXTENSION PARTNERSHIP PROGRAM.— The term ‘‘Manufacturing Extension Partnership Program’’

means the Manufacturing Extension Partnership Program of

the Department of Commerce.

(3) SMALL BUSINESS INNOVATION RESEARCH PROGRAM.—The

term ‘‘Small Business Innovation Research Program’’ has the

meaning given that term in section 2500(11) of title 10, United

States Code.

Subtitle E—Other Matters

SEC. 251. COMPTROLLER GENERAL REPORT ON PROGRAM ELEMENT

STRUCTURE FOR RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION PROJECTS.

(a) REPORT REQUIRED.—The Comptroller General shall prepare

a report containing assessments of—

(1) the current program element structure and content

used to account for projects carried out, or proposed to be

carried out, using amounts for research, development, test,

and evaluation activities; and

(2) the effectiveness of such program elements, and related

budget justification materials, in providing necessary information for budget transparency and oversight by the congressional

defense committees.

(b) RECOMMENDATIONS.—The report required by subsection (a)

shall also include such recommendations as the Comptroller General

considers to be appropriate regarding program element size and

content, budget justification material content, and appropriate reprogramming authorities within and between program elements,

particularly in connection with highly complex research and

development programs that employ the system-of-systems concept.

(c) SUBMISSION.—The report required by subsection (a) shall

be submitted to the congressional defense committees not later

than February 1, 2007.

SEC. 252. RESEARCH AND DEVELOPMENT EFFORTS FOR PURPOSES

OF SMALL BUSINESS RESEARCH.

(a) IN GENERAL.—Section 9 of the Small Business Act (15

U.S.C. 638) is amended by adding at the end the following new

subsections:

‘‘(x) RESEARCH AND DEVELOPMENT FOCUS.—

‘‘(1) REVISION AND UPDATE OF CRITERIA AND PROCEDURES

OF IDENTIFICATION.—In carrying out subsection (g), the Secretary of Defense shall, not less often than once every 4 years,

revise and update the criteria and procedures utilized to identify areas of the research and development efforts of the Department of Defense which are suitable for the provision of funds

under the Small Business Innovation Research Program and

the Small Business Technology Transfer Program.

‘‘(2) UTILIZATION OF PLANS.—The criteria and procedures

described in paragraph (1) shall be developed through the use

of the most current versions of the following plans:

‘‘(A) The Joint Warfighting Science and Technology

Plan required under section 270 of the National Defense

Authorization Act for Fiscal Year 1997 (Public Law 104–

201; 10 U.S.C. 2501 note).

119 STAT. 3178 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(B) The Defense Technology Area Plan of the Department of Defense.

‘‘(C) The Basic Research Plan of the Department of

Defense.

‘‘(3) INPUT IN IDENTIFICATION OF AREAS OF EFFORT.—The

criteria and procedures described in paragraph (1) shall include

input in the identification of areas of research and development

efforts described in that paragraph from Department of Defense

program managers (PMs) and program executive officers

(PEOs).

‘‘(y) COMMERCIALIZATION PILOT PROGRAM.—

‘‘(1) IN GENERAL.—The Secretary of Defense and the Secretary of each military department is authorized to create and

administer a ‘Commercialization Pilot Program’ to accelerate

the transition of technologies, products, and services developed

under the Small Business Innovation Research Program to

Phase III, including the acquisition process.

‘‘(2) IDENTIFICATION OF RESEARCH PROGRAMS FOR ACCELERATED TRANSITION TO ACQUISITION PROCESS.—In carrying out

the Commercialization Pilot Program, the Secretary of Defense

and the Secretary of each military department shall identify

research programs of the Small Business Innovation Research

Program that have the potential for rapid transitioning to Phase

III and into the acquisition process.

‘‘(3) LIMITATION.—No research program may be identified

under paragraph (2) unless the Secretary of the military department concerned certifies in writing that the successful transition of the program to Phase III and into the acquisition process

is expected to meet high priority military requirements of such

military department.

‘‘(4) FUNDING.—For payment of expenses incurred to administer the Commercialization Pilot Program under this subsection, the Secretary of Defense and each Secretary of a military department is authorized to use not more than an amount

equal to 1 percent of the funds available to the Department

of Defense or the military department pursuant to the Small

Business Innovation Research Program. Such funds—

‘‘(A) shall not be subject to the limitations on the

use of funds in subsection (f)(2); and

‘‘(B) shall not be used to make Phase III awards.

‘‘(5) EVALUATIVE REPORT.—At the end of each fiscal year,

the Secretary of Defense shall submit to the Committee on

Armed Services and the Committee on Small Business and

Entrepreneurship of the Senate and the Committee on Armed

Services and the Committee on Small Business of the House

of Representatives an evaluative report regarding activities

under the Commercialization Pilot Program. The report shall

include—

‘‘(A) an accounting of the funds used in the Commercialization Pilot Program;

‘‘(B) a detailed description of the Commercialization

Pilot Program, including incentives and activities undertaken by acquisition program managers, program executive

officers, and prime contractors; and

‘‘(C) a detailed compilation of results achieved by the

Commercialization Pilot Program, including the number

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3179

of small business concerns assisted and the number of

projects commercialized.

‘‘(6) SUNSET.—The pilot program under this subsection

shall terminate at the end of fiscal year 2009.’’.

(b) IMPLEMENTATION OF EXECUTIVE ORDER NO. 13329.—Section

9 of the Small Business Act (15 U.S.C. 638), as amended by subsection (a), is further amended—

(1) in subsection (b)—

(A) in paragraph (6), by striking ‘‘and’’ at the end;

(B) in paragraph (7), by striking the period at the

end and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(8) to provide for and fully implement the tenets of Executive Order No. 13329 (Encouraging Innovation in Manufacturing).’’;

(2) in subsection (g)—

(A) in paragraph (9), by striking ‘‘and’’ at the end;

(B) in paragraph (10), by striking the period at the

end and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(11) provide for and fully implement the tenets of Executive Order No. 13329 (Encouraging Innovation in Manufacturing).’’; and

(3) in subsection (o)—

(A) in paragraph (14), by striking ‘‘and’’ at the end;

(B) in paragraph (15), by striking the period at the

end and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(16) provide for and fully implement the tenets of Executive Order No. 13329 (Encouraging Innovation in Manufacturing).’’.

(c) TESTING AND EVALUATION AUTHORITY.—Section 9(e) of the

Small Business Act (15 U.S.C. 638(e)) is amended—

(1) in paragraph (7), by striking ‘‘and’’ at the end;

(2) in paragraph (8), by striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(9) the term ‘commercial applications’ shall not be construed to exclude testing and evaluation of products, services,

or technologies for use in technical or weapons systems, and

further, awards for testing and evaluation of products, services,

or technologies for use in technical or weapons systems may

be made in either the second or the third phase of the Small

Business Innovation Research Program and of the Small Business Technology Transfer Program, as defined in this subsection.’’.

SEC. 253. REVISED REQUIREMENTS RELATING TO SUBMISSION OF

JOINT WARFIGHTING SCIENCE AND TECHNOLOGY PLAN.

(a) BIENNIAL SUBMITTAL.—Section 270 of the National Defense

Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10

U.S.C. 2501 note) is amended—

(1) by striking ‘‘ANNUAL’’ in the section heading and

inserting ‘‘BIENNIAL’’; and

(2) by striking ‘‘(a) ANNUAL PLAN REQUIRED.—On March

1 of each year’’ and inserting ‘‘Not later than March 1 of

each even-numbered year’’.

119 STAT. 3180 PUBLIC LAW 109–163—JAN. 6, 2006

(b) REPEAL OF REQUIREMENT FOR INCLUSION OF TECHNOLOGY

AREA REVIEW AND ASSESSMENT SUMMARIES WITH JWSTP.—Subsection (b) of such section is repealed.

(c) REQUIREMENT FOR SEPARATE REPORTS ON TECHNOLOGY

AREA REVIEW AND ASSESSMENT SUMMARIES.—Whenever the Secretary of Defense provides for the conduct of a study referred

to as a Technology Area Review and Assessment, the Secretary

shall, not later than March 1 of the year following the year in

which that study is conducted, submit to the congressional defense

committees a report containing a summary of each such Technology

Area Review and Assessment conducted during that year.

SEC. 254. REPORT ON EFFICIENCY OF NAVAL SHIPBUILDING

INDUSTRY.

(a) ASSESSMENT OF EFFICIENCY OF NAVAL SHIPBUILDING

INDUSTRY.—

(1) ASSESSMENT REQUIRED.—The Secretary of the Navy

shall conduct an assessment of the United States naval shipbuilding industry to determine how worldwide shipbuilding

industry best practices for innovation, design, and production

technologies, processes, and infrastructure could be adopted

to improve efficiency in the following areas:

(A) Program design, engineering, and production

engineering.

(B) Organization and operating systems.

(C) Steelwork production.

(D) Ship construction and outfitting.

(2) CONTENTS OF ASSESSMENT.—The assessment under

paragraph (1) shall include the following:

(A) An identification of any best practice of the worldwide shipbuilding industry that the United States naval

shipbuilding industry has not adopted, the adoption of

which would lower construction costs.

(B) The estimated cost of adopting any best practice

identified under subparagraph (A) and any estimated

return on an investment made by a shipyard to adopt

such a best practice.

(C) Any recommendation of the Secretary to increase

the efficiency of the United States naval shipbuilding

industry.

(3) RELATION TO INDEPENDENT NAVY SHIP CONSTRUCTION

ASSESSMENT.—The assessment under paragraph (1) shall occur

subsequent to, and take into consideration the results of, the

study of the cost effectiveness of the ship construction program

of the Navy required by section 1014 of the Ronald W. Reagan

National Defense Authorization Act for Fiscal Year 2005 (Public

Law 108–375; 118 Stat. 2041).

(b) REPORT.—Not later than April 1, 2006, the Secretary of

the Navy shall submit to the congressional defense committees

a report containing the Secretary’s findings and conclusions based

on the assessment under subsection (a).

SEC. 255. TECHNOLOGY TRANSITION.

(a) CLARIFICATION OF DUTIES OF TECHNOLOGY TRANSITION

COUNCIL.—Paragraph (2) of section 2359a(g) of title 10, United

States Code, is amended to read as follows:

‘‘(2) The duty of the Council shall be to support the Under

Secretary of Defense for Acquisition, Technology, and Logistics in

10 USC 2501

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3181

developing policies to facilitate the rapid transition of technologies

from science and technology programs into acquisition programs

of the Department of Defense.’’.

(b) REPORT ON TECHNOLOGY TRANSITION.—

(1) REPORT REQUIRED.—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 concerning the challenges associated with

technology transition from the science and technology programs

of the Department of Defense to the acquisition programs of

the Department of Defense. The Secretary shall include in

the report a strategy to address those challenges. The Secretary

shall prepare the report working through the Technology

Transition Council of the Department of Defense established

under section 2359a(g) of title 10, United States Code

(2) MATTERS TO BE INCLUDED.—The report shall include

the following:

(A) A description of any internal organizational barriers within the Department to technology transition

between the technology development, acquisition, and operations components of the Department.

(B) An assessment of the effect of Department acquisition regulations on technology transition.

(C) An assessment of the effects of the requirements

validation process and the planning, programming, budgeting, and execution processes of the Department on technology transition.

(D) A description of other challenges associated with

technology transition in the Department that are identified

by the Secretary.

(E) A Department-wide strategy for pursuing technology transition.

(F) Such recommendations as the Secretary considers

appropriate to eliminate internal barriers within the

Department to technology transition.

(3) SUBMITTAL DATE.—The report under paragraph (1) shall

be submitted not later than nine months after the date of

the enactment of this Act.

SEC. 256. PREVENTION, MITIGATION, AND TREATMENT OF BLAST

INJURIES.

(a) DESIGNATION OF EXECUTIVE AGENT.—The Secretary of

Defense shall designate an executive agent to be responsible for

coordinating and managing the medical research efforts and programs of the Department of Defense relating to the prevention,

mitigation, and treatment of blast injuries.

(b) GENERAL RESPONSIBILITIES.—The executive agent designated under subsection (a) shall be responsible for—

(1) planning for the medical research and development

projects, diagnostic and field treatment programs, and patient

tracking and monitoring activities within the Department that

relate to combat blast injuries;

(2) efficient execution of such projects, programs, and activities;

10 USC 1071

note.

119 STAT. 3182 PUBLIC LAW 109–163—JAN. 6, 2006

(3) enabling the sharing of blast injury health hazards

and survivability data collected through such projects, programs, and activities with the programs of the Department

of Defense;

(4) working with the Director, Defense Research and

Engineering and the Secretaries of the military departments

to ensure resources are adequate to also meet non-medical

requirements related to blast injury prevention, mitigation, and

treatment; and

(5) ensuring that a joint combat trauma registry is established and maintained for the purposes of collection and analysis of contemporary combat casualties, including casualties

with traumatic brain injury.

(c) MEDICAL RESEARCH EFFORTS.—

(1) IN GENERAL.—The executive agent designated under

subsection (a) shall review and assess the adequacy of medical

research efforts of the Department of Defense as of the date

of the enactment of this Act relating to the following:

(A) The characterization of blast effects leading to

injury, including the injury potential of blasts in various

environments.

(B) Medical technologies and protocols to more

accurately detect and diagnose blast injuries, including

improved discrimination between traumatic brain injuries

and mental health disorders.

(C) Enhanced treatment of blast injuries in the field.

(D) Integrated treatment approaches for members of

the Armed Forces who have a combination of traumatic

brain injuries and mental health disorders or other injuries.

(E) Such other blast injury matters as the executive

agent considers appropriate.

(2) REQUIREMENTS FOR RESEARCH EFFORTS.—Based on the

assessment under paragraph (1), the executive agent shall

establish requirements for medical research efforts described

in that paragraph in order to enhance and accelerate those

research efforts.

(3) OVERSIGHT OF RESEARCH EFFORTS.—The executive agent

shall establish, coordinate, and oversee Department-wide medical research efforts relating to the prevention, mitigation, and

treatment of blast injuries, as necessary, to fulfill requirements

established under paragraph (2).

(d) OTHER RELATED RESEARCH EFFORTS.—The Director,

Defense Research and Engineering, in coordination with the executive agent designated under subsection (a) and the Director of

the Joint IED Defeat Task Force, shall—

(1) review and assess the adequacy of current research

efforts of the Department on the prevention and mitigation

of blast injuries;

(2) based on subsection (c)(1), establish requirements for

further research; and

(3) address any deficiencies identified in paragraphs (1)

and (2) by establishing, coordinating, and overseeing Department-wide research and development initiatives on the prevention and mitigation of blast injuries, including explosive detection and defeat and personnel and vehicle blast protection.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3183

(e) STUDIES.—The executive agent designated under subsection

(a) shall conduct studies on the prevention, mitigation, and treatment of blast injuries, including—

(1) studies to improve the clinical evaluation and treatment

approach for blast injuries, with an emphasis on traumatic

brain injuries and other consequences of blast injury, including

acoustic and eye injuries and injuries resulting from over-pressure wave;

(2) studies on the incidence of traumatic brain injuries

attributable to blast injury in soldiers returning from combat;

(3) studies to develop protocols for medical tracking of

members of the Armed Forces for up to five years following

blast injuries; and

(4) studies to refine and improve educational interventions

for blast injury survivors and their families.

(f) TRAINING.—The executive agent designated under subsection

(a), in coordination with the Director of the Joint IED Defeat

Task Force, shall develop training protocols for medical and nonmedical personnel on the prevention, mitigation, and treatment

of blast injuries. Those protocols shall be intended to improve field

and clinical training on early identification of blast injury consequences, both seen and unseen, including traumatic brain injuries,

acoustic injuries, and internal injuries.

(g) INFORMATION SHARING.—The executive agent designated

under subsection (a) shall make available the results of relevant

medical research and development projects and studies to—

(1) Department of Defense programs focused on—

(A) promoting the exchange of blast health hazards

data with blast characterization data and blast modeling

and simulation tools; and

(B) encouraging the incorporation of blast hazards data

into design and operational features of blast detection,

mitigation, and defeat capabilities, such as comprehensive

armor systems which provide blast, ballistic, and fire

protection for the head, neck, ears, eyes, torso, and extremities; and

(2) traumatic brain injury treatment programs to enhance

the evaluation and care of members of the Armed Forces with

traumatic brain injuries in medical facilities in the United

States and in deployed medical facilities, including those outside the Department of Defense.

(h) REPORTS ON BLAST INJURY MATTERS.—

(1) REPORTS REQUIRED.—Not later than 270 days after

the date of the enactment of this Act, and annually thereafter

through 2008, 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 efforts and programs of the Department of Defense

relating to the prevention, mitigation, and treatment of blast

injuries.

(2) ELEMENTS.—Each report under paragraph (1) shall

include the following:

(A) A description of the activities undertaken under

this section during the two years preceding the report

to improve the prevention, mitigation, and treatment of

blast injuries.

119 STAT. 3184 PUBLIC LAW 109–163—JAN. 6, 2006

(B) A consolidated budget presentation for Department

of Defense biomedical research efforts and studies related

to blast injury for the two fiscal years following the year

of the report.

(C) A description of any gaps in the capabilities of

the Department and any plans to address such gaps within

biomedical research related to blast injury, blast injury

diagnostic and treatment programs, and blast injury

tracking and monitoring activities.

(D) A description of collaboration, if any, with other

departments and agencies of the Federal Government, and

with other countries, during the two years preceding the

report in efforts for the prevention, mitigation, and treatment of blast injuries.

(E) A description of any efforts during the two years

preceding the report to disseminate findings on the diagnosis and treatment of blast injuries through civilian and

military research and medical communities.

(F) A description of the status of efforts during the

two years preceding the report to incorporate blast injury

effects data into appropriate programs of the Department

of Defense and into the development of comprehensive force

protection systems that are effective in confronting blast,

ballistic, and fire threats.

(i) DEADLINE FOR DESIGNATION OF EXECUTIVE AGENT.—The

Secretary shall make the designation required by subsection (a)

not later than 90 days after the date of the enactment of this

Act.

(j) BLAST INJURIES DEFINED.—In this section, the term ‘‘blast

injuries’’ means injuries that occur as the result of the detonation

of high explosives, including vehicle-borne and person-borne explosive devices, rocket-propelled grenades, and improvised explosive

devices.

(k) EXECUTIVE AGENT DEFINED.—In this section, the term

‘‘executive agent’’ has the meaning provided such term in Department of Defense Directive 5101.1.

SEC. 257. MODIFICATION OF REQUIREMENTS FOR ANNUAL REPORT

ON DARPA PROGRAM TO AWARD CASH PRIZES FOR

ADVANCED TECHNOLOGY ACHIEVEMENTS.

Subsection (e) of section 2374a of title 10, United States Code,

is amended to read as follows:

‘‘(e) ANNUAL REPORT.—(1) Not later than March 1 each year,

the Secretary shall submit to the Committees on Armed Services

of the Senate and the House of Representatives a report on the

activities undertaken by the Director of the Defense Advanced

Research Projects Agency during the preceding fiscal year under

the authority of this section.

‘‘(2) The report for a fiscal year under this subsection shall

include the following:

‘‘(A) The results of consultations between the Director and

officials of the military departments regarding the areas of

research, technology development, or prototype development

for which prizes would be awarded under the program under

this section.

‘‘(B) A description of the proposed goals of the competitions

established under the program, including the areas of research,

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3185

technology development, or prototype development to be promoted by such competitions and the relationship of such areas

to the military missions of the Department.

‘‘(C) The total amount of cash prizes awarded under the

program, including a description of the manner in which the

amounts of cash prizes awarded and claimed were allocated

among the accounts of the Defense Advanced Research Projects

Agency for recording as obligations and expenditures.

‘‘(D) The methods used for the solicitation and evaluation

of submissions under the program, together with an assessment

of the effectiveness of such methods.

‘‘(E) A description of the resources, including personnel

and funding, used in the execution of the program, together

with a detailed description of the activities for which such

resources were used.

‘‘(F) A description of any plans to transition the technologies

or prototypes developed as a result of the program into acquisition programs of the Department.’’.

SEC. 258. DESIGNATION OF FACILITIES AND RESOURCES CONSTITUTING THE MAJOR RANGE AND TEST FACILITY BASE.

(a) DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT

CENTER.—Section 196(h) of title 10, United States Code, is amended

by striking ‘‘Director of Operational Test and Evaluation’’ and

inserting ‘‘Secretary of Defense’’.

(b) INSTITUTIONAL FUNDING OF TEST AND EVALUATION ACTIVITIES.—Section 232(b)(1) of the Bob Stump National Defense

Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116

Stat. 2490) is amended by striking ‘‘Director of Operational Test

and Evaluation’’ and inserting ‘‘Secretary of Defense’’.

SEC. 259. REPORT ON COOPERATION BETWEEN DEPARTMENT OF

DEFENSE AND NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION ON RESEARCH, DEVELOPMENT, TEST,

AND EVALUATION ACTIVITIES.

(a) REPORT REQUIRED.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense and the

Administrator of the National Aeronautics and Space Administration shall jointly submit to Congress a report setting forth the

recommendations of the Secretary and the Administrator regarding

cooperative activities between the Department of Defense and the

National Aeronautics and Space Administration related to research,

development, test, and evaluation on areas of mutual interest to

the Department and the Administration.

(b) AREAS COVERED.—The areas of mutual interest to the

Department of Defense and the National Aeronautics and Space

Administration referred to in subsection (a) may include the following:

(1) Aeronautics research.

(2) Facilities, personnel, and support infrastructure.

(3) Propulsion and power technologies.

(4) Space access and operations, including responsive

launch and small satellite development.

SEC. 260. DELAYED EFFECTIVE DATE FOR LIMITATION ON PROCUREMENT OF SYSTEMS NOT GPS-EQUIPPED.

(a) DELAYED EFFECTIVE DATE.—Section 152(b) of the National

Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2281

10 USC 2281

note.

119 STAT. 3186 PUBLIC LAW 109–163—JAN. 6, 2006

note) is amended by striking ‘‘After September 30, 2005’’ and

inserting ‘‘After September 30, 2007’’.

(b) RATIFICATION OF ACTIONS.—The amendment made by subsection (a) shall be deemed to have taken effect at the close of

September 30, 2005, and any obligation or expenditure of funds

by the Department of Defense during the period beginning on

October 1, 2005, and ending on the date of the enactment of this

Act to modify or procure a Department of Defense aircraft, ship,

armored vehicle, or indirect-fire weapon system that is not equipped

with a Global Positioning System receiver is hereby ratified with

respect to the provision of law specified in subsection (a).

SEC. 261. REPORT ON DEVELOPMENT AND USE OF ROBOTICS AND

UNMANNED GROUND VEHICLE SYSTEMS.

(a) REPORT REQUIRED.—Not later than nine months after the

date of the enactment of this Act, the Under Secretary of Defense

for Acquisition, Technology, and Logistics shall submit to the

congressional defense committees a report on the development and

utilization of robotics and unmanned ground vehicle systems by

the Department of Defense.

(b) ELEMENTS.—The report required by subsection (a) shall

include the following:

(1) A description of the utilization of robotics and

unmanned ground vehicle systems in current military operations.

(2) A description of the manner in which the development

of robotics and unmanned ground vehicle systems capabilities

supports current major acquisition programs of the Department

of Defense.

(3) A description, including budget estimates, of all Department programs and activities on robotics and unmanned ground

vehicle systems for fiscal years 2004 through 2012, including

the Joint Robotics Program and other programs and activities

relating to research, development, test and evaluation, procurement, and operation and maintenance.

(4) A description of the long-term research and development

strategy of the Department on technology for the development

and integration of new robotics and unmanned ground vehicle

systems capabilities in support of Department missions.

(5) A description of any planned demonstration or

experimentation activities of the Department that will support

the development and deployment of robotics and unmanned

ground vehicle systems by the Department.

(6) A statement of the Department organizations currently

participating in the development of new robotics or unmanned

ground vehicle systems capabilities, including the specific missions of each such organization in such efforts.

(7) A description of the activities of the Department to

collaborate with industry, academia, and other government and

nongovernmental organizations in the development of new

capabilities in robotics and unmanned ground vehicle systems.

(8) An assessment of the short-term and long-term ability

of the industrial base of the United States to support the

production of robotics and unmanned ground vehicle systems

to meet Department requirements.

(9) An assessment of the progress being made to achieve

the goal established by section 220(a)(2) of the Floyd D. Spence

10 USC 2281

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3187

National Defense Authorization Act for Fiscal Year 2001 (as

enacted into law by Public Law 106–398; 114 Stat. 1654A–

38) that, by 2015, one-third of operational ground combat

vehicles be unmanned.

(10) An assessment of international research, technology,

and military capabilities in robotics and unmanned ground

vehicle systems.

(11) A description of the role and placement of the Joint

Robotics Program in the Department.

(12) A description of the mechanisms of the Department

for coordinating pre-systems development and demonstration

funding for robotics and unmanned ground vehicle systems.

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. Elimination and simplification of certain items required in the annual report on environmental quality programs and other environmental activities.

Sec. 312. Payment of certain private cleanup costs in connection with Defense Environmental Restoration Program.

SUBTITLE C—WORKPLACE AND DEPOT ISSUES

Sec. 321. Modification of authority of Army working-capital funded facilities to engage in cooperative activities with non-Army entities.

Sec. 322. Limitation on transition of funding for east coast shipyards from funding

through Navy working capital fund to direct funding.

Sec. 323. Armament Retooling and Manufacturing Support Initiative matters.

Sec. 324. Sense of Congress regarding depot maintenance.

SUBTITLE D—EXTENSION OF PROGRAM AUTHORITIES

Sec. 331. Extension of authority to provide logistics support and services for weapons systems contractors.

Sec. 332. Extension of period for reimbursement for certain protective, safety, or

health equipment purchased by or for members of the Armed Forces deployed in contingency operations.

SUBTITLE E—OUTSOURCING

Sec. 341. Public-private competition.

Sec. 342. Contracting for procurement of certain supplies and services.

Sec. 343. Performance of certain work by Federal Government employees.

Sec. 344. Extension of temporary authority for contractor performance of securityguard functions.

SUBTITLE F—ANALYSIS, STRATEGIES, AND REPORTS

Sec. 351. Report on Department of Army programs for prepositioning of equipment

and other materiel.

Sec. 352. Reports on budget models used for base operations support, sustainment,

and facilities recapitalization.

Sec. 353. Army training strategy for brigade-based combat teams and functional

supporting brigades.

Sec. 354. Report regarding effect on military readiness of undocumented immigrants trespassing upon operational ranges.

Sec. 355. Report regarding management of Army lodging.

Sec. 356. Comptroller General report on corrosion prevention and mitigation programs of the Department of Defense.

Sec. 357. Study on use of biodiesel and ethanol fuel.

Sec. 358. Report on effects of windmill farms on military readiness.

119 STAT. 3188 PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 359. Report on space-available travel for certain disabled veterans and grayarea retirees.

Sec. 360. Report on joint field training and experimentation on stability, security,

transition, and reconstruction operations.

Sec. 361. Reports on budgeting relating to sustainment of key military equipment.

Sec. 362. Repeal of Air Force report on military installation encroachment issues.

SUBTITLE G—OTHER MATTERS

Sec. 371. Supervision and management of Defense Business Transformation Agency.

Sec. 372. Codification and revision of limitation on modification of major items of

equipment scheduled for retirement or disposal.

Sec. 373. Limitation on purchase of investment items with operation and maintenance funds.

Sec. 374. Operation and use of general gift funds of the Department of Defense and

Coast Guard.

Sec. 375. Inclusion of packet based telephony in Department of Defense telecommunications benefit.

Sec. 376. Limitation on financial management improvement and audit initiatives

within Department of Defense.

Sec. 377. Provision of welfare of special category residents at Naval Station Guantanamo Bay, Cuba.

Sec. 378. Commemoration of success of the Armed Forces in Operation Enduring

Freedom and Operation Iraqi Freedom.

SUBTITLE H—UTAH TEST AND TRAINING RANGE

Sec. 381. Definitions.

Sec. 382. Military operations and overflights, Utah Test and Training Range.

Sec. 383. Analysis of military readiness and operational impacts in planning process for Federal lands in Utah Test and Training Range.

Sec. 384. Designation and management of Cedar Mountain Wilderness, Utah.

Sec. 385. Relation to other lands.

Subtitle A—Authorization of

Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year

2006 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, $24,686,295,000.

(2) For the Navy, $30,538,089,000.

(3) For the Marine Corps, $3,809,526,000.

(4) For the Air Force, $31,117,136,000.

(5) For Defense-wide activities, $18,550,169,000.

(6) For the Army Reserve, $1,992,542,000.

(7) For the Navy Reserve, $1,237,295,000.

(8) For the Marine Corps Reserve, $198,034,000.

(9) For the Air Force Reserve, $2,487,786,000.

(10) For the Army National Guard, $4,478,319,000.

(11) For the Air National Guard, $4,701,991,000.

(12) For the United States Court of Appeals for the Armed

Forces, $11,236,000.

(13) For Environmental Restoration, Army, $407,865,000.

(14) For Environmental Restoration, Navy, $305,275,000.

(15) For Environmental Restoration, Air Force,

$406,461,000.

(16) For Environmental Restoration, Defense-wide,

$28,167,000.

(17) For Environmental Restoration, Formerly Used

Defense Sites, $261,921,000.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3189

(18) For Overseas Humanitarian, Disaster, and Civic Aid

programs, $61,546,000.

(19) For Cooperative Threat Reduction programs, $415,459,000.

(20) For the Overseas Contingency Operations Transfer

Fund, $20,000,000.

SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year

2006 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, $316,340,000.

(2) For the National Defense Sealift Fund, $1,657,717,000.

(3) For the Defense Working Capital Fund, Defense Com- missary, $1,155,000,000.

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

2006 for expenses, not otherwise provided for, for the Defense

Health Program, in the amount of $19,892,594,000, of which—

(1) $19,348,119,000 is for Operation and Maintenance;

(2) $169,156,000 is for Research, Development, Test, and

Evaluation; and

(3) $375,319,000 is for Procurement.

(b) CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

DEFENSE.—

(1) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby

authorized to be appropriated for the Department of Defense

for fiscal year 2006 for expenses, not otherwise provided for,

for Chemical Agents and Munitions Destruction, Defense, in

the amount of $1,425,827,000, of which—

(A) $1,241,514,000 is for Operation and Maintenance;

(B) $67,786,000 is for Research, Development, Test,

and Evaluation; and

(C) $116,527,000 is for Procurement.

(2) USE.—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 2006 for expenses,

not otherwise provided for, for Drug Interdiction and CounterDrug Activities, Defense-wide, in the amount of $901,741,000.

(d) DEFENSE INSPECTOR GENERAL.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal

year 2006 for expenses, not otherwise provided for, for the Office

of the Inspector General of the Department of Defense, in the

amount of $209,687,000, of which—

(1) $208,687,000 is for Operation and Maintenance; and

(2) $1,000,000 is for Procurement.

119 STAT. 3190 PUBLIC LAW 109–163—JAN. 6, 2006

Subtitle B—Environmental Provisions

SEC. 311. ELIMINATION AND SIMPLIFICATION OF CERTAIN ITEMS

REQUIRED IN THE ANNUAL REPORT ON ENVIRONMENTAL QUALITY PROGRAMS AND OTHER ENVIRONMENTAL ACTIVITIES.

Section 2706(b)(2) of title 10, United States Code, is amended—

(1) by striking subparagraphs (D) and (E);

(2) by inserting after subparagraph (C) the following new

subparagraph:

‘‘(D) A summary of fines and penalties imposed or assessed

against the Department of Defense and the military departments under Federal, State, or local environmental laws during

the fiscal year in which the report is submitted and the four

preceding fiscal years, which summary shall include—

‘‘(i) a trend analysis of such fines and penalties for

military installations inside and outside the United States;

and

‘‘(ii) a list of such fines or penalties that exceeded

$1,000,000 and the provisions of law under which such

fines or penalties were imposed or assessed.’’; and

(3) by redesignating subparagraph (F) as subparagraph

(E) and, in such subparagraph, by striking ‘‘and amounts for

conferences’’ and all that follows through ‘‘such activities’’.

SEC. 312. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN CONNECTION WITH DEFENSE ENVIRONMENTAL RESTORATION

PROGRAM.

(a) ACTIVITIES AT FORMER DEFENSE PROPERTY SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL ACTION.—Section 2701(d) of title

10, United States Code, is amended—

(1) in paragraph (1)—

(A) by inserting ‘‘any owner of covenant property,’’

after ‘‘any Indian tribe,’’; and

(B) by inserting ‘‘owner,’’ after ‘‘, Indian tribe,’’;

(2) in paragraph (3), by adding at the end the following

new sentence: ‘‘An agreement under such paragraph with

respect to a site also may not change the cleanup standards

selected for the site pursuant to law.’’;

(3) in paragraph (4), by adding at the end the following

new subparagraph:

‘‘(C) The term ‘owner of covenant property’ means an

owner of property subject to a covenant provided by the

United States in accordance with the requirements of paragraphs (3) and (4) of section 120(h) of CERCLA (42 U.S.C.

9620(h)), so long as the covenant property is the site at

which the services procured under paragraph (1) are to

be performed.’’; and

(4) by adding at the end the following new paragraph:

‘‘(5) SAVINGS CLAUSE.—Nothing in this subsection affects

the applicability of section 120 of CERCLA (42 U.S.C. 6920)

to the Department of Defense or the obligations and responsibilities of the Department of Defense under subsection (h) of

such section.’’.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3191

(b) SOURCE OF FUNDS FOR FORMER BRAC PROPERTY SUBJECT

TO COVENANT FOR ADDITIONAL REMEDIAL ACTION.—Section 2703

of such title is amended—

(1) in subsection (g)(1), by striking ‘‘The sole source’’ and

inserting ‘‘Except as provided in subsection (h), the sole source’’;

and

(2) by adding at the end the following new subsection:

‘‘(h) SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL REMEDIATION

AT CERTAIN BASE REALIGNMENT AND CLOSURE SITES.—In the case

of property disposed of pursuant to a base closure law and subject

to a covenant that was required to be provided by paragraphs

(3) and (4) of section 120(h) of CERCLA (42 U.S.C. 9620(h)), the

sole source of funds for services procured under subsection

2701(d)(1) of this title shall be the applicable Department of Defense

base closure account. The limitation in this subsection shall expire

upon the closure of the applicable base closure account.’’.

Subtitle C—Workplace and Depot Issues

SEC. 321. MODIFICATION OF AUTHORITY OF ARMY WORKING-CAPITAL

FUNDED FACILITIES TO ENGAGE IN COOPERATIVE

ACTIVITIES WITH NON-ARMY ENTITIES.

(a) APPLICABILITY OF SUNSET.—Subsection (j) of section 4544

of title 10, United States Code, is amended by striking ‘‘September

30, 2009,’’ and all that follows through the end and inserting ‘‘September 30, 2009.’’.

(b) CREDITING OF PROCEEDS OF SALE OF ARTICLES AND SERVICES.—Such section is further amended—

(1) in subsection (d), by striking ‘‘subsection (e)’’ and

inserting ‘‘subsection (f)’’;

(2) by redesignating subsections (e), (f), (g), (h), (i), and

(j) as subsections (f), (g), (h), (i), (j), and (k) respectively;

(3) by inserting after subsection (d) the following new subsection (e):

‘‘(e) PROCEEDS CREDITED TO WORKING CAPITAL FUND.—The

proceeds received from the sale of an article or service pursuant

to a contract or other cooperative arrangement under this section

shall be credited to the working capital fund that incurs the cost

of manufacturing the article or performing the service.’’; and

(4) in subsection (g), as redesignated by paragraph (2),

by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’.

SEC. 322. LIMITATION ON TRANSITION OF FUNDING FOR EAST COAST

SHIPYARDS FROM FUNDING THROUGH NAVY WORKING

CAPITAL FUND TO DIRECT FUNDING.

(a) LIMITATION.—The Secretary of the Navy may not convert

funding for the shipyards of the Navy on the east coast of the

United States from funding through the working capital fund of

the Navy to funding on a direct basis (also known as ‘‘mission

funding’’) before October 1, 2006.

(b) REPORT ON DIRECT FUNDING FOR PUGET SOUND NAVAL

SHIPYARD.—

(1) REPORT REQUIRED.—Not later than March 1, 2006, the

Secretary shall submit to the congressional defense committees

a report that contains the assessment of the Secretary on

the effects on Puget Sound Naval Shipyard, Washington, of

119 STAT. 3192 PUBLIC LAW 109–163—JAN. 6, 2006

the conversion of that shipyard from funding through the

working capital fund of the Navy to funding on a direct basis.

(2) MATTERS TO BE INCLUDED.—The report under paragraph

(1) shall address the effect of the conversion of Puget Sound

Naval Shipyard to direct funding on each of the following:

(A) The cost visibility of specific work performed.

(B) The total cost of consolidated ship maintenance

operations on an ongoing basis.

(C) The ability to distinguish between depot and intermediate work of consolidated ship maintenance activities.

(D) The costs associated with buyout expenses for the

transfer of the shipyards of the Navy on the east coast

of the United States from funding through the working

capital fund of the Navy to funding on a direct basis.

(E) The flexibility of the shipyard to continue routine

ship maintenance operations during a potential funding

gap at the beginning of a fiscal year or when expected

maintenance costs exceed annual appropriations.

(F) Operational and financial flexibility and responsiveness of funding on a direct basis compared to funding

through the working capital fund of the Navy.

(G) Long-term funding for the capital improvement

programs of the shipyard.

(H) Compliance with section 2460 of title 10, United

States Code, which defines the work that is considered

to be depot-level maintenance and repair versus work that

is considered to be a major modification of a weapons

system.

(I) Compliance with section 2466 of title 10, United

Status Code, which limits the amount of depot-level maintenance and repair workload of the Department of Navy

that is performed by non-Federal Government personnel

in any fiscal year to not more than 50 percent of the

total depot workload reported to the Department in that

fiscal year.

(J) Compliance with sections 1115 and 1116 of title

31, United States Code, which require agencies to set

annual performance goals, measure performance toward

the achievement of those goals, and publicly report on

progress.

(K) Compliance with chapter 35 of title 31, United

States Code, which requires audited financial statements

to include the ability to properly charge and account for

reimbursable workload.

(3) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.—Not

later than 60 days after the date on which the report required

under paragraph (1) is submitted, the Comptroller General

shall submit to the congressional defense committees a review

of the report, which shall include the Comptroller General’s

assessment of whether the report adequately addresses each

of the matters specified under paragraph (2).

(c) REPORT ON PROPOSED CONGRESSIONAL BUDGET EXHIBITS

FOR NAVY MISSION-FUNDED SHIPYARDS.—

(1) REPORT REQUIRED.—Not later than March 1, 2006, the

Secretary shall submit to the congressional defense committees

a report that proposes congressional budget exhibits for use

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3193

in connection with the funding of Navy shipyards on a direct

basis.

(2) MATTERS TO BE INCLUDED.—The report under paragraph

(1) shall comprehensively address the following:

(A) The establishment of annual categories, metrics,

and measurements to objectively compare the performance

of each shipyard over time with respect to the following:

(i) Schedule adherence.

(ii) Quality of work.

(iii) Cost management.

(iv) Administrative efficiency.

(v) Number of hulls for which repairs are completed during the fiscal year.

(vi) Number of hulls that are in the process of

being repaired at the end of the fiscal year.

(B) Capital replenishment for each shipyard.

(C) Workload indicators to determine whether each

shipyard is effectively utilized.

(D) Annual budget management reports to enable effective monitoring of each shipyard with respect to the following:

(i) Obligation authority from Department of the

Navy accounts, including operation and maintenance

funds for the Atlantic Fleet, the Pacific Fleet, and

the Naval Sea Systems Command and procurement

funds for the Navy shipbuilding and conversion account

and the other procurement accounts.

(ii) Obligation authority provided by reimbursement from non-Department of the Navy sources,

including other Department of Defense accounts, foreign military sales accounts, other Federal Government

agency accounts, and non-Federal Government sources.

(iii) Costs and expenses of military personnel,

civilian personnel, materials, contracts, travel, supplies, overhead, and other costs.

(iv) Capital expenditures.

(v) Military construction.

(vi) Base operating support.

(vii) Facilities sustainment, restoration, and modernization.

(viii) Personnel and labor management, including

military end strengths, civilian end strengths, military

mandays, and civilian mandays.

(3) CONGRESSIONAL BUDGET OFFICE REVIEW.—Not later

than 60 days after the date on which the report required

under paragraph (1) is submitted, the Director of the Congressional Budget Office shall submit to the congressional defense

committees a review of the report, which shall include the

Director’s assessment of whether the report comprehensively

addresses each of the matters specified in subparagraphs (A)

through (D) of paragraph (2).

SEC. 323. ARMAMENT RETOOLING AND MANUFACTURING SUPPORT

INITIATIVE MATTERS.

(a) INCLUSION OF ADDITIONAL FACILITIES WITHIN ARMS INITIA- TIVE.—Section 4551(2) of title 10, United States Code, is amended

by inserting ‘‘, or a Government-owned, contractor-operated depot

119 STAT. 3194 PUBLIC LAW 109–163—JAN. 6, 2006

for the storage, maintenance, renovation, or demilitarization of

ammunition,’’ after ‘‘manufacturing facility’’.

(b) ADDITIONAL CONSIDERATION FOR USE OF FACILITIES.—Section 4554(b)(2) of such title is amended by adding at the end

the following new subparagraph:

‘‘(D) The demilitarization and storage of conventional

ammunition.’’.

(c) ADDITIONAL POLICY OBJECTIVES WITH RESPECT TO AMMUNITION FACILITIES AND CAPACITY.—Section 4552 of such title is

amended in paragraphs (1) and (8) by inserting ‘‘, storage, maintenance, renovation, and demilitarization’’ after ‘‘manufacturing’’.

(d) BROADENING OF PURPOSE OF ARMS INITIATIVE WITH

RESPECT TO WORK FORCE SKILLS.—Section 4553(b)(3) of such title

is amended by striking ‘‘in manufacturing processes that are’’.

SEC. 324. SENSE OF CONGRESS REGARDING DEPOT MAINTENANCE.

(a) FINDINGS.—Congress finds the following:

(1) The Depot Maintenance Strategy and Master Plan of

the Air Force reflects the essential requirements for the Air

Force to maintain a ready and controlled source of organic

technical competence, thereby ensuring an effective and timely

response to national defense contingencies and emergency

requirements.

(2) Since the publication of the Depot Maintenance Strategy

and Master Plan of the Air Force in 2002, the Air Force has

made great progress toward modernizing all three of its depots,

in order to maintain the status of those depots as ‘‘world

class’’ maintenance repair and overhaul operations.

(3) One of the central components of the Depot Maintenance

Strategy and Master Plan of the Air Force is the commitment

of the Air Force to allocate $150,000,000 each fiscal year for

six years, beginning in fiscal year 2004, for recapitalization

and investment, including the procurement of technologically

advanced facilities and equipment, of the Nation’s three Air

Force depots.

(4) The funds expended to date have ensured that transformation projects, such as the initial implementation of ‘‘Lean’’

and ‘‘Six Sigma’’ production techniques, have achieved great

success in reducing the time necessary to perform depot maintenance on aircraft.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the Air Force should be commended for the implementation of its Depot Maintenance Strategy and Master Plan and,

in particular, meeting the capital investment strategy pursuant

to the Plan; and

(2) the Air Force should remain committed to the depot

maintenance process improvement initiatives and the investments and recapitalization projects pursuant to the Depot

Maintenance Strategy and Master Plan.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3195

Subtitle D—Extension of Program

Authorities

SEC. 331. EXTENSION OF AUTHORITY TO PROVIDE LOGISTICS SUPPORT AND SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.

Section 365(g)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2521;

10 U.S.C. 2302 note) is amended by striking ‘‘September 30, 2007’’

and inserting ‘‘September 30, 2010’’.

SEC. 332. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR CERTAIN

PROTECTIVE, SAFETY, OR HEALTH EQUIPMENT PURCHASED BY OR FOR MEMBERS OF THE ARMED FORCES

DEPLOYED IN CONTINGENCY OPERATIONS.

(a) EXTENSION.—Section 351(a)(3) of the Ronald W. Reagan

National Defense Authorization Act for Fiscal Year 2005 (Public

Law 108–375; 118 Stat. 1857) is amended by striking ‘‘July 31,

2004’’ and inserting ‘‘April 1, 2006’’.

(b) FUNDING.—Amounts for reimbursements made under section 351 of the Ronald W. Reagan National Defense Authorization

Act for Fiscal Year 2005 after the date of the enactment of this

Act shall be derived from supplemental appropriations for the

Department of Defense for fiscal year 2006 for military operations

in Iraq and Afghanistan and the Global War on Terrorism, contingent upon such appropriations being enacted.

Subtitle E—Outsourcing

SEC. 341. PUBLIC-PRIVATE COMPETITION.

(a) PUBLIC-PRIVATE COMPETITION REQUIRED PRIOR TO CONVERSION OF CERTAIN DEPARTMENT OF DEFENSE FUNCTIONS.—Subsection (a) of section 2461 of title 10, United States Code, is

amended to read as follows:

‘‘(a) PUBLIC-PRIVATE COMPETITION.—(1) A function of the

Department of Defense performed by 10 or more Department of

Defense civilian employees may not be converted, in whole or in

part, to performance by a contractor unless the conversion is based

on the results of a public-private competition that—

‘‘(A) formally compares the cost of performance of the function by Department of Defense civilian employees with the

cost of performance by a contractor;

‘‘(B) creates an agency tender, including a most efficient

organization plan, in accordance with Office of Management

and Budget Circular A–76, as implemented on May 29, 2003;

‘‘(C) includes the issuance of a solicitation;

‘‘(D) determines whether the submitted offers meet the

needs of the Department of Defense with respect to factors

other than cost, including quality and reliability;

‘‘(E) examines the cost of performance of the function by

Department of Defense civilian employees and the cost of

performance of the function by one or more contractors to

demonstrate whether converting to performance by a contractor

will result in savings to the Government over the life of the

contract, including—

119 STAT. 3196 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(i) the estimated cost to the Government (based on

offers received) for performance of the function by a contractor;

‘‘(ii) the estimated cost to the Government for performance of the function by Department of Defense civilian

employees; and

‘‘(iii) an estimate of all other costs and expenditures

that the Government would incur because of the award

of such a contract;

‘‘(F) requires continued performance of the function by

Department of Defense civilian employees unless the difference

in the cost of performance of the function by a contractor

compared to the cost of performance of the function by Department of Defense civilian employees would, over all performance

periods required by the solicitation, be equal to or exceed the

lesser of—

‘‘(i) 10 percent of the personnel-related costs for

performance of that function in the agency tender; or

‘‘(ii) $10,000,000; and

‘‘(G) examines the effect of performance of the function

by a contractor on the military mission associated with the

performance of the function.

‘‘(2) A function that is performed by the Department of Defense

and is reengineered, reorganized, modernized, upgraded, expanded,

or changed to become more efficient, but still essentially provides

the same service, shall not be considered a new requirement.

‘‘(3) In no case may a function being performed by Department

of Defense personnel be—

‘‘(A) modified, reorganized, divided, or in any way changed

for the purpose of exempting the conversion of the function

from the requirements of this section; or

‘‘(B) converted to performance by a contractor to circumvent

a civilian personnel ceiling.’’.

(b) CONGRESSIONAL NOTIFICATION.—Subsection (b) of such section is amended—

(1) in paragraph (1)—

(A) by striking ‘‘to analyze’’ and all that follows through

‘‘private sector’’ and inserting ‘‘a public-private competition

under subsection (a)’’;

(B) in subparagraph (A), by striking ‘‘to be analyzed

for possible change’’ and inserting ‘‘for which such publicprivate competition is to be conducted’’;

(C) in subparagraph (C), by inserting ‘‘Department of

Defense’’ before ‘‘civilian employee’’;

(D) in subparagraph (D), by striking ‘‘the analysis’’

both places it appears and inserting ‘‘the public-private

competition’’; and

(E) in subparagraph (E)—

(i) by striking ‘‘commercial or industrial type’’

before ‘‘function’’; and

(ii) by striking ‘‘persons who are not civilian

employees of the Department of Defense’’ and inserting

‘‘a contractor’’;

(2) by striking paragraphs (2) and (3) and inserting the

following new paragraph (2):

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3197

‘‘(2) The report required under paragraph (1) shall include

an examination the potential economic effect of performance of

the function by a contractor on—

‘‘(A) Department of Defense civilian employees who would

be affected by such a conversion in performance; and

‘‘(B) the local community and the Government, if more

than 50 Department of Defense civilian employees perform

the function.’’;

(3) by redesignating paragraph (4) as paragraph (3); and

(4) in paragraph (3), as so redesignated—

(A) in subparagraph (A)—

(i) by striking ‘‘where a commercial’’ and all that

follows through ‘‘performance’’ and inserting ‘‘where

a public-private competition is conducted’’; and

(ii) by striking ‘‘the analysis’’ both places it appears

and inserting ‘‘the public private competition’’; and

(B) in subparagraph (B), by striking ‘‘the commercial’’

and all that follows through ‘‘to which objected’’ and

inserting ‘‘the function for which the public-private competition was conducted for which the objection was submitted’’.

(c) CONSOLIDATION AND RESTATEMENT OF REPORTING PROVISIONS.—

(1) CONSOLIDATION AND RESTATEMENT.—Section 2462 of

such title is amended to read as follows:

‘‘§ 2462. Reports on public-private competition

‘‘(a) REPORT ON PUBLIC-PRIVATE COMPETITION RESULTS.—(1)

Upon the completion of a public-private competition under section

2461 of this title, the Secretary of Defense shall submit to Congress

a report containing the results of the public-private competition

required by subsection (a) of such section.

‘‘(2) Each report under this subsection shall include the following:

‘‘(A) The date on which the public-private competition was

commenced.

‘‘(B) The number of Department of Defense civilian

employees who were performing the function when the publicprivate competition was commenced and the number of such

employees whose employment was or will be terminated or

otherwise affected by converting to performance of the function

by a contractor or by implementation of the most efficient

organization of the function.

‘‘(C) The Secretary’s certification that the Government’s

calculation of the cost of performance of the function by Department of Defense civilian employees is based on an estimate

of the most cost effective manner for performance of the function

by Department of Defense civilian employees that meets the

needs of the Department with respect to factors other than

cost, including quality and reliability.

‘‘(D) The Secretary’s certification that the public-private

competition did not include any predetermined personnel constraint or limitation in terms of man years, end strength,

full-time equivalent positions, or maximum number of

employees.

‘‘(E) The Secretary’s certification that the entire publicprivate competition is available for examination.

10 USC 2462.

119 STAT. 3198 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(F) In the case of a function performed at a Center of

Industrial and Technical Excellence designated under section

2474(a) of this title or an Army ammunition plant, a description

of the effect that the manner of performance of the function,

and administration of the resulting contract if any, will have

on the overhead costs of the center or ammunition plant, as

the case may be.

‘‘(G) A schedule for implementing the results of the publicprivate competition.

‘‘(3)(A) No decision made on the basis of a public-private competition under section 2461 of this title may be implemented until

after the submission of a report under paragraph (1).

‘‘(B) Notwithstanding subparagraph (A), in the case of function

performed at a Center of Industrial and Technical Excellence designated under section 2474(a) of this title or an Army ammunition

plant, the conversion of the function to performance by a contractor

may not begin until at least 60 days after the submission of a

report under paragraph (1).

‘‘(b) ANNUAL REPORT.—Not later than June 30 of each year,

the Secretary of Defense shall submit to Congress a written report,

which shall include the following:

‘‘(1) An estimate of the percentage of functions (other than

functions that are inherently governmental) that Department

of Defense civilian employees will perform and an estimate

of the percentage of such functions that contractors will perform

during the fiscal year during which the report is submitted.

‘‘(2) The results of public-private competitions conducted

under section 2461 of this title that were completed during

the preceding fiscal year, including each of the following:

‘‘(A) The number of such competitions completed during

such fiscal year and the number of Department of Defense

civilian employees performing functions for which such a

competition was conducted.

‘‘(B) The percentage of such competitions that resulted

in the continued performance of a function by Department

of Defense civilian employees.

‘‘(C) The percentage of such competitions that resulted

in the conversion of a function to performance by a contractor.

‘‘(D) The percentage of the Department of Defense

civilian employees identified pursuant to subparagraph (A)

whose positions will be converted to performance by contractors or eliminated as a result of implementing the

results of such competitions.

‘‘(3) The results of monitoring the performance of Department functions under section 2461a of this title, including

for each function subject to monitoring, each of the following:

‘‘(A) The cost of the public-private competition conducted under section 2461 of this title.

‘‘(B) The cost of performing the function before such

competition compared to the costs incurred after implementing the conversion, reorganization, or reengineering

actions recommended pursuant to the competition.

‘‘(C) The actual savings derived from the implementation of the recommendations made pursuant to such competition, if any, compared to the anticipated savings that

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3199

were to result from the conversion, reorganization, or reengineering actions.’’.

(2) WAIVER FOR SMALL FUNCTIONS AND CONFORMING AMENDMENTS.—Section 2461 of such title, as amended by subsections

(a) and (b), is further amended—

(A) by striking subsections (c), (d), (f) and (g); and

(B) by redesignating subsections (e) and (h) as subsections (c) and (d) respectively.

(3) CORRECTION OF TERMINOLOGY.—The heading for subsection (c) of such section, as redesignated by paragraph (2),

is amended by striking ‘‘WAIVER’’ and inserting ‘‘EXEMPTION’’.

(d) PERFORMANCE MONITORING.—Section 2461a of such title

is amended—

(1) by striking subsections (a), (c), and (d);

(2) by redesignating subsections (b) and (e) as subsections

(a) and (b) respectively;

(3) in subsection (a), as so redesignated—

(A) in paragraph (1)—

(i) by striking ‘‘establish a system for monitoring’’

and inserting ‘‘monitor’’; and

(ii) by striking ‘‘a workforce review’’ and inserting

‘‘a public-private competition conducted under section

2461 of this title’’;

(B) in paragraph (2), by striking all and inserting

the following:

‘‘(2) In carrying out paragraph (1), the Secretary shall—

‘‘(A) compare the cost of performing the function before

the public-private competition to the cost of performing the

function after the implementation of the results of the publicprivate competition; and

‘‘(B) identify any actual savings of the Department of

Defense after the implementation of the results of the publicprivate competition and compare such savings to the estimated

savings identified pursuant to section 2461(a)(1)(E) of this title

for that public-private competition;’’; and

(C) in paragraph (3), by inserting ‘‘pursuant to such

a public-private competition’’ after ‘‘reengineering of the

function’’; and

(4) in subsection (b), as so redesignated, by striking

‘‘workforce reviews’’ and inserting ‘‘public-private competitions

conducted under section 2461 of this title’’.

(e) INAPPLICABILITY TO BEST-VALUE SOURCE SELECTION PILOT

PROGRAM.—Subsection (a)(1)(E) of section 2461 of title 10, United

States Code, as amended by subsection (a), shall not apply with

respect to the pilot program for best-value source selection for

performance of information technology services authorized by section 336 of the National Defense Authorization Act for Fiscal Year

2004 (Public Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461 note).

(f) REPEAL OF REDUNDANT PROVISION.—Section 2463 of such

title is repealed.

(g) CLERICAL AND CONFORMING AMENDMENTS.— (1) SECTION 2461.—Section 2461(c) of such title, as redesignated by subsection (c), is amended by striking ‘‘Subsections

(a) through (c) and subsection (g)’’ and inserting ‘‘This section’’.

(2) HEADINGS.— (A) 2461.—The heading for section 2461 of such title

is amended to read as follows:

10 USC 2461

note.

119 STAT. 3200 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘§ 2461. Public-private competition required before conversion to contractor performance’’.

(B) 2461(b).—The heading for subsection (b) of such

section is amended to read as follows:

‘‘(b) CONGRESSIONAL NOTIFICATION.—’’.

(C) 2461a.—The heading for section 2461a of such title

is amended to read as follows:

‘‘§ 2461a. Development and implementation of system for

monitoring cost saving resulting from public-private competitions’’.

(3) PUBLIC LAW 108–375.—Section 327 of the Ronald W.

Reagan National Defense Authorization Act for Fiscal Year

2005 (Public Law 108–375; 10 U.S.C. 2461 note) is repealed.

(4) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 146 of title 10, United States Code, is amended

by striking the items relating to sections 2461 through 2463

and inserting the following new items:

‘‘2461. Public-private competition required before conversion to contractor performance.

‘‘2461a. Development and implementation of system for monitoring cost saving resulting from public-private competitions.

‘‘2462. Reports on public-private competition.’’.

SEC. 342. CONTRACTING FOR PROCUREMENT OF CERTAIN SUPPLIES

AND SERVICES.

Section 8014(a)(3) of the Department of Defense Appropriations

Act, 2005 (Public Law 108–287; 118 Stat. 972) is amended—

(1) in subparagraph (A), by inserting ‘‘, payment that could

be used in lieu of such a plan, health savings account, or

medical savings account’’ after ‘‘health insurance plan’’; and

(2) in subparagraph (B), by striking ‘‘that requires’’ and

all that follows through the end and inserting ‘‘that does not

comply with the requirements of any Federal law governing

the provision of health care benefits by Government contractors

that would be applicable if the contractor performed the activity

or function under the contract.’’.

SEC. 343. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT EMPLOYEES.

(a) GUIDELINES.—

(1) IN GENERAL.—The Secretary of Defense shall prescribe

guidelines and procedures for ensuring that consideration is

given to using Federal Government employees for work that

is currently performed or would otherwise be performed under

Department of Defense contracts.

(2) CRITERIA.—The guidelines and procedures prescribed

under paragraph (1) shall provide for special consideration

to be given to contracts that—

(A) have been performed by Federal Government

employees at any time on or after October 1, 1980;

(B) are associated with the performance of inherently

governmental functions;

(C) were not awarded on a competitive basis; or

(D) have been determined by a contracting officer to

be poorly performed due to excessive costs or inferior

quality.

10 USC 2461

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3201

(b) USE OF FLEXIBLE HIRING AUTHORITY.—The Secretary shall

include the use of the flexible hiring authority available through

the National Security Personnel System in order to facilitate

performance by Federal Government employees of new requirements and work that is performed under Department of Defense

contracts.

(c) DEFINITIONS.—In this section:

(1) The term ‘‘National Security Personnel System’’ means

the human resources management system established under

the authority of section 9902 of title 5, United States Code.

(2) The term ‘‘inherently governmental function’’ has the

meaning given that term in section 5 of the Federal Activities

Inventory Reform Act of 1998 (Public Law 105–270; 112 Stat.

2384; 31 U.S.C. 501 note).

SEC. 344. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACTOR

PERFORMANCE OF SECURITY-GUARD FUNCTIONS.

Section 332(c) of the Bob Stump National Defense Authorization

Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2513)

is amended—

(1) by striking ‘‘2006’’ each place it appears and inserting

‘‘2007’’; and

(2) in paragraph (1), by striking ‘‘, except that’’ and all

that follows through the end and inserting a period.

Subtitle F—Analysis, Strategies, and

Reports

SEC. 351. REPORT ON DEPARTMENT OF ARMY PROGRAMS FOR

PREPOSITIONING OF EQUIPMENT AND OTHER MATERIEL.

(a) SECRETARY OF ARMY ASSESSMENT.—The Secretary of the

Army shall conduct an assessment of the programs of the Department of Army for the prepositioning of equipment and other materiel stocks. The assessment shall focus on how such programs

are configured to support the evolving goals of the Department

of Army and shall include an identification of each of the following:

(1) The key operational capabilities currently available in

both the afloat and ashore prepositioned stocks of the Army,

organized by geographic region, including inventory levels in

brigade sets, operational projects, and sustainment programs.

(2) Any significant shortfalls that exist in such stocks,

particularly in combat and support equipment, spare parts,

and munitions, and how the Army would mitigate those shortfalls in the event of a new conflict.

(3) The maintenance condition of prepositioned equipment

and supplies, especially the key ‘‘pacing’’ items in brigade sets,

including the percentage currently maintained at the Technical

Manual–10/20 standard required by the Army.

(4) The percentage of required cyclic maintenance performed on all stocks for each of fiscal years 2003, 2004, and

2005, and the quality control procedures used to ensure that

such maintenance was completed according to Army standards.

(5) Whether the oversight mechanisms and internal

management reports of the Army with respect to such stocks

119 STAT. 3202 PUBLIC LAW 109–163—JAN. 6, 2006

are adequate and ensure an accurate portrayal of the readiness

of such stocks.

(6) The funding allocated and expended for prepositioning

programs for each fiscal year beginning with fiscal year 2000,

organized by region, and an assessment of whether the funding

levels for such programs have been adequate to maintain program readiness.

(7) The facilities used to store and maintain brigade sets,

organized by region, and whether those facilities provide adequate (or excess) capacity for the current and future mission.

(8) The current funding for the war reserve, the sufficiency

of the war reserve inventory, and the effect of the war reserve

on the ability of the Army to conduct operations.

(b) REPORT.—Not later than March 1, 2006, the Secretary shall

submit to Congress a report on the assessment under subsection

(a). The report shall include each of the matters specified in paragraphs (1) through (8) of that subsection.

(c) COMPTROLLER GENERAL REVIEW.—Not later than 120 days

after the date of the receipt of the report under subsection (b),

the Comptroller General shall submit to Congress a review of

the assessment conducted by the Secretary of the Army under

subsection (a). The review under this subsection shall include the

following:

(1) The Comptroller General’s assessment of whether the

assessment by the Secretary of the Army under subsection

(a) comprehensively addresses each of the matters specified

in paragraphs (1) through (8) of that subsection.

(2) The extent to which any shortfall or other issue reported

by the Secretary of the Army or identified by the Comptroller

General has been addressed and an assessment of any plan

to address any remaining such shortfalls in the future.

SEC. 352. REPORTS ON BUDGET MODELS USED FOR BASE OPERATIONS

SUPPORT, SUSTAINMENT, AND FACILITIES RECAPITALIZATION.

(a) REPORTS REQUIRED.—Not later than March 30 of each of

the calendar years 2006 through 2010, the Secretary of Defense

shall submit to the congressional defense committees a report

describing the models used to prepare the budget requests for

base operations support, sustainment, and facilities recapitalization

submitted to Congress by the President under section 1105(a) of

title 31, United States Code, for the next fiscal year.

(b) CONTENT OF REPORTS.—The report for a fiscal year under

subsection (a) shall include the following:

(1) An explanation of the methodology used to develop

each model and, if there have been any changes to the methodology since the previous report, an explanation of the changes

and the reasons therefor.

(2) A description of the items contained in each model.

(3) An explanation of whether the models are being applied

to each military department and Defense Agency under common

definitions of base operations support, sustainment, and facilities recapitalization and, if common definitions are not being

used, an explanation of the differences and the reasons therefor.

(4) A description of the requested funding levels for base

operations support, sustainment, and facilities recapitalization

for the fiscal year covered by the report and the funding goals

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3203

established for base operations support, sustainment, and facilities recapitalization for at least the four succeeding fiscal years.

(5) If the requested funding levels for base operations support, sustainment, and facilities recapitalization for the fiscal

year covered by the report deviate from the goals for that

fiscal year contained in the preceding report, or the funding

goals established for succeeding fiscal years deviate from the

goals for those fiscal years contained in the preceding report,

a justification for the funding levels and goals and an explanation of the reasons for the changes from the preceding report.

SEC. 353. ARMY TRAINING STRATEGY FOR BRIGADE-BASED COMBAT

TEAMS AND FUNCTIONAL SUPPORTING BRIGADES.

(a) TRAINING STRATEGY.— (1) STRATEGY REQUIRED.—The Secretary of the Army shall

develop and implement a strategy for the training of brigadebased combat teams and functional supporting brigades in order

to ensure the readiness of such teams and brigades.

(2) ELEMENTS.—The training strategy under paragraph (1)

shall include the following:

(A) A statement of the purpose of training for brigadebased combat teams and functional supporting brigades.

(B) Performance goals for both active-component and

reserve-component brigade-based combat teams and functional supporting brigades, including goals for live, virtual,

and constructive training.

(C) Metrics to quantify training performance against

the performance goals specified under subparagraph (B).

(D) A process to report the status of collective training

to Army leadership for monitoring the training performance

of brigade-based combat teams and functional supporting

brigades.

(E) A model to quantify, and to forecast, operation

and maintenance funding required for each fiscal year to

attain the performance goals specified under subparagraph

(B).

(3) TIMING OF IMPLEMENTATION.—The Secretary of the

Army shall develop and implement the training strategy under

paragraph (1) as soon as practicable.

(b) REPORT.—

(1) REPORT REQUIRED.—Not later than one year after the

date of the enactment of this Act, the Secretary of the Army

shall submit to the congressional defense committees a report

on the training strategy developed under subsection (a).

(2) ELEMENTS.—The report under paragraph (1) shall

include the following:

(A) A discussion of the training strategy developed

under subsection (a), including a description of the performance goals and metrics developed under that subsection.

(B) A discussion and description of the training ranges

and other essential elements required to support the

training strategy.

(C) A list of the funding requirements, shown by fiscal

year and set forth in a format consistent with the futureyears defense program to accompany the budget of the

President under section 221 of title 10, United States Code,

necessary to meet the requirements of the training ranges

10 USC 3013

note.

119 STAT. 3204 PUBLIC LAW 109–163—JAN. 6, 2006

and other essential elements described under subparagraph

(B).

(D) A schedule for the implementation of the training

strategy.

(c) COMPTROLLER GENERAL REVIEW OF IMPLEMENTATION.—

(1) IN GENERAL.—The Comptroller General shall monitor

the implementation of the training strategy developed under

subsection (a).

(2) REPORT.—Not later than 180 days after the date on

which the Secretary of the Army submits the report under

subsection (b), the Comptroller General shall submit to the

congressional defense committees a report containing the

assessment of the Comptroller General of the current progress

of the Army in implementing the training strategy.

SEC. 354. REPORT REGARDING EFFECT ON MILITARY READINESS OF

UNDOCUMENTED IMMIGRANTS TRESPASSING UPON

OPERATIONAL RANGES.

(a) REPORT CONTAINING ASSESSMENT AND RESPONSE PLAN.—

Not later than April 15, 2006, the Secretary of Defense shall submit

to Congress a report containing—

(1) an assessment of the impact on military readiness

caused by undocumented immigrants whose entry into the

United States involves trespassing upon operational ranges

of the Department of Defense; and

(2) a plan for the implementation of measures to prevent

such trespass.

(b) PREPARATION AND ELEMENTS OF ASSESSMENT.—The assessment required by subsection (a)(1) shall be prepared by the Secretary of Defense. The assessment shall include the following:

(1) A listing of the operational ranges adversely affected

by the trespass of undocumented immigrants upon operational

ranges.

(2) A description of the types of range activities affected

by such trespass.

(3) A determination of the amount of time lost for range

activities, and the increased costs incurred, as a result of such

trespass.

(4) An evaluation of the nature and extent of such trespass

and means of travel.

(5) An evaluation of the factors that contribute to the

use by undocumented immigrants of operational ranges as a

means to enter the United States.

(6) A description of measures currently in place to prevent

such trespass, including the use of barriers to vehicles and

persons, military patrols, border patrols, and sensors.

(c) PREPARATION AND ELEMENTS OF PLAN.—The plan required

by subsection (a)(2) shall be prepared jointly by the Secretary

of Defense and the Secretary of Homeland Security. The plan shall

include the following:

(1) The types of measures to be implemented to improve

prevention of trespass of undocumented immigrants upon operational ranges, including the specific physical methods, such

as barriers and increased patrols or monitoring, to be implemented and any legal or other policy changes recommended

by the Secretaries.

10 USC 113 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3205

(2) The costs of, and timeline for, implementation of the

plan.

(d) IMPLEMENTATION REPORTS.—Not later than September 15,

2006, March 15, 2007, September 15, 2007, and March 15, 2008,

the Secretary of Defense shall submit to Congress a report detailing

the progress made by the Department of Defense, during the period

covered by the report, in implementing measures recommended

in the plan required by subsection (a)(2) to prevent undocumented

immigrants from trespassing upon operational ranges. Each report

shall include the number and types of mitigation measures implemented and the success of such measures in preventing such trespass.

(e) DEFINITIONS.—In this section, the terms ‘‘operational range’’

and ‘‘range activities’’ have the meaning given those terms in section

101(e) of title 10, United States Code.

SEC. 355. REPORT REGARDING MANAGEMENT OF ARMY LODGING.

(a) REPORT ON MERITS AND IMPACTS OF PRIVATIZATION.—The

Secretary of the Army shall submit to Congress a report containing

the results of a study evaluating the merits of privatization of

Army lodging. The study should consider at a minimum the following:

(1) The potential overall costs and benefits of privatization

of Army lodging.

(2) Whether current lodging agreements with the Army

and Air Force Exchange Service to provide hospitality telecommunication services would be impacted by privatization

and whether the proposed change will have an impact on funds

contributed to morale, welfare, and recreation accounts.

(3) Whether privatization of Army lodging will result in

significant cost increases to members of the Armed Forces

or other eligible patrons or the loss of such lodging if it is

determined that management of such lodging is not a profitable

marketing venture.

(4) Whether privatization of Army lodging will provide

ancillary support facilities and services that might impact the

Army and Air Force Exchange Service and to what extent

such facilities and services may impact the funds contributed

to morale, welfare, and recreation accounts.

(5) The number of Army lodging personnel who would

be impacted by privatization and the total personnel-related

costs that could occur as a result of privatization.

(b) ARMY AND AIR FORCE EXCHANGE SERVICE PARTICIPATION

IN PRIVATIZATION.—The Army and Air Force Exchange Service shall

submit to Congress a report commenting on the feasibility of its

participation in privatization of Army lodging. The report should

include at a minimum the following:

(1) The potential overall costs and benefits of an Army

and Air Force Exchange Service partnership in Army lodging.

(2) Whether the Army and Air Force Exchange Service

can adequately participate as a partner in the management

of Army lodging, including whether such participation could

enhance the quality of lodging and improve access to such

lodging when provided through a nonprofit organization versus

a partnership with a for-profit corporation.

(3) Whether there are certain benefits, including cost benefits, to having the Army and Air Force Exchange Service become

119 STAT. 3206 PUBLIC LAW 109–163—JAN. 6, 2006

the partner with the Army that would not exist were the

Army to partner with a private sector entity.

(4) The number of Army lodging personnel who would

be impacted by an Army and Air Force Exchange Service partnership and the total personnel related costs that could occur

as a result of such partnership.

(c) LIMITATION PENDING SUBMISSION OF REPORT.—Until the

Secretary of the Army submits the report required by subsection

(a) to Congress, the Secretary may not solicit or consider any

request for qualifications that would privatize Army lodging beyond

the level of privatization identified for inclusion in Group A of

the Privatization of Army Lodging Initiative.

SEC. 356. COMPTROLLER GENERAL REPORT ON CORROSION PREVENTION AND MITIGATION PROGRAMS OF THE DEPARTMENT

OF DEFENSE.

(a) REPORT REQUIRED.—Not later than April 1, 2007, the Comptroller General shall submit to the congressional defense committees

a report on the effectiveness of the corrosion prevention and mitigation programs of the Department of Defense.

(b) ELEMENTS.—The report required by subsection (a) shall

include the following:

(1) An assessment of the document of the Department

of Defense entitled ‘‘Long-Term Strategy to Reduce Corrosion

and the Effects of Corrosion on the Military Equipment and

Infrastructure of the Department of Defense’’ and dated

November 2004.

(2) An assessment of the adequacy for purposes of the

strategy set forth in that document of the funding requested

in the budgets of the President for fiscal years 2006 and 2007,

as submitted to Congress pursuant to section 1105(a) of title

31, United States Code, and the associated Future-Years

Defense Program under section 221 of title 10, United States

Code.

(3) An assessment of the adequacy and effectiveness of

the organizational structure of the Department of Defense in

implementing that strategy.

(4) An assessment of the progress made as of the date

of the report in establishing throughout the Department

common metrics, definitions, and procedures on corrosion

prevention and mitigation.

(5) An assessment of the progress made as of the date

of the report in establishing a baseline estimate of the scope

of the corrosion problems of the Department.

(6) An assessment of the extent to which the strategy

of the Department on corrosion prevention and mitigation has

been revised to incorporate the recommendations contained

in the report of the Defense Science Board on corrosion control

issued in October 2004.

(7) An assessment of the implementation of the corrosion

prevention and mitigation programs of the Department during

fiscal year 2006.

(8) Such recommendations as the Comptroller General considers appropriate for addressing any shortfalls or areas of

potential improvement identified in the review for purposes

of the report.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3207

SEC. 357. STUDY ON USE OF BIODIESEL AND ETHANOL FUEL.

(a) IN GENERAL.—The Secretary of Defense shall conduct a

study on the use of biodiesel and ethanol fuel by the Armed Forces

and the Defense Agencies and any measures that can be taken

to increase such use.

(b) ELEMENTS.—The study shall include—

(1) an evaluation of the historical utilization of biodiesel

and ethanol fuel by the Armed Forces and the Defense Agencies,

including the quantity of biodiesel and ethanol fuel acquired

by the Department of Defense for the Armed Forces and the

Defense Agencies during the 5-year period ending on the date

of the report under subsection (c);

(2) a review and assessment of potential requirements for

increased use of biodiesel and ethanol fuel within the Department of Defense and any research and development efforts

required to meet those increased requirements;

(3) based on the review under paragraph (2), a forecast

of the requirements of the Armed Forces and the Defense

Agencies for biodiesel and ethanol fuels for each of fiscal years

2007 through 2012;

(4) an assessment of the current and future commercial

availability of biodiesel and ethanol fuel, including facilities

for the production, storage, transportation, distribution, and

commercial sale of such fuel;

(5) an assessment of the utilization by the Department

of Defense of the commercial infrastructure for ethanol fuel

as described in paragraph (4);

(6) a review of the actions of the Department of Defense

to coordinate with State, local, and private entities to support

the expansion and use of alternative fuel refueling stations

that are accessible to the public; and

(7) an assessment of the fueling infrastructure on military

installations in the United States, including storage and distribution facilities, that could be adapted or converted for the

delivery of biodiesel and ethanol fuel, including—

(A) an assessment of cost of the adaptation or conversion of such infrastructure to the delivery of biodiesel and

ethanol fuel; and

(B) an assessment of the feasibility and advisability

of that adaptation or conversion.

(c) REPORT.—Not later than 270 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 on the study

conducted under this section.

(d) DEFINITIONS.—In this section:

(1) The term ‘‘ethanol fuel’’ means fuel that is 85 percent

ethyl alcohol.

(2) The term ‘‘biodiesel’’ means a diesel fuel substitute

produced from nonpetroleum renewable resources that meets

the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section

211 of the Clean Air Act (42 U.S.C. 7545).

119 STAT. 3208 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 358. REPORT ON EFFECTS OF WINDMILL FARMS ON MILITARY

READINESS.

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 report on the effects

of windmill farms on military readiness, including an assessment

of the effects on the operations of military radar installations of

the proximity of windmill farms to such installations and of technologies that could mitigate any adverse effects on military operations identified.

SEC. 359. REPORT ON SPACE-AVAILABLE TRAVEL FOR CERTAIN DISABLED VETERANS AND GRAY-AREA RETIREES.

(a) REPORT REQUIRED.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense shall submit

to Congress a report on the feasibility of providing transportation

on Department of Defense aircraft on a space-available basis for—

(1) veterans with a service-connected disability rating of

50 percent or higher;

(2) members and former members of a reserve component

under 60 years of age who, but for age, would be eligible

for retired pay under chapter 1223 of title 10, United States

Code; and

(3) dependents of persons described in paragraph (1) or

(2).

(b) CONSULTATION.—The Secretary of Defense shall prepare

the report in consultation with the Secretary of Veterans Affairs.

SEC. 360. REPORT ON JOINT FIELD TRAINING AND EXPERIMENTATION

ON STABILITY, SECURITY, TRANSITION, AND

RECONSTRUCTION OPERATIONS.

Not later than February 1, 2007, the Secretary of Defense

shall submit to the congressional defense committees a report on

joint field training and experimentation conducted to address matters relating to stability, security, transition, and reconstruction

operations during fiscal years 2005 and 2006. The report shall

include—

(1) a description of each such joint field training and

experimentation event, including a description of the participation of other Federal departments and agencies and of the

participation of allied and coalition partners;

(2) the findings of the Secretary as a result of such joint

field training and experimentation; and

(3) such recommendations as the Secretary considers appropriate in light of such joint field training and experimentation,

including recommendations with respect to legislative or

administrative action and recommendations for any funding

required to implement such action.

SEC. 361. REPORTS ON BUDGETING RELATING TO SUSTAINMENT OF

KEY MILITARY EQUIPMENT.

(a) REPORTS REQUIRED.—In each of 2006, 2007, and 2008, at

or about the time that the budget of the President is submitted

to Congress that year under section 1105(a) of title 31, United

States Code, the Secretary of Defense shall submit to Congress

a report on the budgeting of the Department of Defense for the

sustainment of key military equipment.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3209

(b) REPORT ELEMENTS.—The report required by subsection (a)

for a year shall set forth the following:

(1) A description of the current strategies of the Department of Defense for sustaining key military equipment, and

for any modernization that will be required of such equipment.

(2) A description of the amounts required for the Department for the fiscal year beginning in such year in order to

fully fund the strategies described in paragraph (1).

(3) A description of the amounts requested for the Department for such fiscal year in order to fully fund such strategies.

(4) A description of the risks, if any, of failing to fund

such strategies in the amounts required to fully fund such

strategies (as specified in paragraph (2)).

(5) A description of the actions being taken by the Department of Defense to mitigate the risks described in paragraph

(4).

(c) KEY MILITARY EQUIPMENT DEFINED.—In this section, the

term ‘‘key military equipment’’—

(1) means—

(A) major weapons systems that are essential to accomplishing the national defense strategy; and

(B) other military equipment, such as major command,

control, communications, computer, intelligence, surveillance, and reconnaissance (C4ISR) equipment, and systems

designed to prevent fratricide, that is critical to the readiness of military units; and

(2) includes equipment reviewed in the report of the Comptroller General of the United States numbered GAO–06–141.

SEC. 362. REPEAL OF AIR FORCE REPORT ON MILITARY INSTALLATION

ENCROACHMENT ISSUES.

Section 315 of the Ronald W. Reagan National Defense

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118

Stat. 1843) is repealed.

Subtitle G—Other Matters

SEC. 371. SUPERVISION AND MANAGEMENT OF DEFENSE BUSINESS

TRANSFORMATION AGENCY.

Section 192 of title 10, United States Code, is amended by

adding at the end the following new subsection:

‘‘(e) SPECIAL RULE FOR DEFENSE BUSINESS TRANSFORMATION

AGENCY.—(1) The Defense Business Transformation Agency shall

be supervised by the vice chairman of the Defense Business System

Management Committee.

‘‘(2) Notwithstanding the results of any periodic review under

subsection (c) with regard to the Defense Business Transformation

Agency, the Secretary of Defense shall designate that the Agency

be managed cooperatively by the Deputy Under Secretary of Defense

for Business Transformation and the Deputy Under Secretary of

Defense for Financial Management.’’.

SEC. 372. CODIFICATION AND REVISION OF LIMITATION ON MODIFICATION OF MAJOR ITEMS OF EQUIPMENT SCHEDULED FOR

RETIREMENT OR DISPOSAL.

(a) IN GENERAL.—Chapter 134 of title 10, United States Code,

is amended by inserting after section 2244 the following new section:

119 STAT. 3210 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘§ 2244a. Equipment scheduled for retirement or disposal:

limitation on expenditures for modifications

‘‘(a) PROHIBITION.—Except as otherwise provided in this section,

the Secretary of a military department may not carry out a modification of an aircraft, weapon, vessel, or other item of equipment

that the Secretary plans to retire or otherwise dispose of within

five years after the date on which the modification, if carried

out, would be completed.

‘‘(b) EXCEPTIONS.—

‘‘(1) EXCEPTION FOR BELOW-THRESHOLD MODIFICATIONS.—

The prohibition in subsection (a) does not apply to a modification for which the cost is less than $100,000.

‘‘(2) EXCEPTION FOR TRANSFER OF REUSABLE ITEMS OF

VALUE.—The prohibition in subsection (a) does not apply to

a modification in a case in which—

‘‘(A) the reusable items of value, as determined by

the Secretary, installed on the item of equipment as part

of such modification will, upon the retirement or disposal

of the item to be modified, be removed from such item

of equipment, refurbished, and installed on another item

of equipment; and

‘‘(B) the cost of such modification (including the cost

of the removal and refurbishment of reusable items of

value under subparagraph (A)) is less than $1,000,000.

‘‘(3) EXCEPTION FOR SAFETY MODIFICATIONS.—The prohibition in subsection (a) does not apply to a safety modification.

‘‘(c) WAIVER AUTHORITY.—The Secretary concerned may waive

the prohibition in subsection (a) in the case of any modification

otherwise subject to that subsection if the Secretary determines

that carrying out the modification is in the national security interest

of the United States. Whenever the Secretary issues such a waiver,

the Secretary shall notify the congressional defense committees

in writing.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 2244 the following new item:

‘‘2244a. Equipment scheduled for retirement or disposal: limitation on expenditures

for modifications.’’.

(c) CONFORMING REPEAL.—Section 8053 of the Department of

Defense Appropriations Act, 1998 (Public Law 105–56; 10 U.S.C.

2241 note) is repealed.

SEC. 373. LIMITATION ON PURCHASE OF INVESTMENT ITEMS WITH

OPERATION AND MAINTENANCE FUNDS.

(a) LIMITATION ON USE OF OPERATION AND MAINTENANCE

FUNDS.—Chapter 134 of title 10, United States Code, is amended

by inserting after section 2245 the following new section:

‘‘§ 2245a. Use of operation and maintenance funds for purchase of investment items: limitation

‘‘Funds appropriated to the Department of Defense for operation

and maintenance may not be used to purchase any item (including

any item to be acquired as a replacement for an item) that has

an investment item unit cost that is greater than $250,000.’’.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3211

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 2245 the following new item:

‘‘2245a. Use of operation and maintenance funds for purchase of investment items:

limitation.’’.

SEC. 374. OPERATION AND USE OF GENERAL GIFT FUNDS OF THE

DEPARTMENT OF DEFENSE AND COAST GUARD.

Section 2601 of title 10, United States Code, is amended to

read as follows:

‘‘§ 2601. General gift funds

‘‘(a) GENERAL AUTHORITY TO ACCEPT GIFTS.—Subject to subsection (d)(2), the Secretary concerned may accept, hold, administer,

and spend any gift, devise, or bequest of real property, personal

property, or money made on the condition that the gift, devise,

or bequest be used for the benefit, or in connection with, the

establishment, operation, or maintenance, of a school, hospital,

library, museum, cemetery, or other institution or organization

under the jurisdiction of the Secretary.

‘‘(b) ADDITIONAL AUTHORITY TO ACCEPT GIFTS TO BENEFIT CERTAIN MEMBERS, DEPENDENTS, AND CIVILIAN EMPLOYEES.—(1) Subject to subsection (d)(2), the Secretary concerned may accept, hold,

administer, and spend any gift, devise, or bequest of real property,

personal property, money, or services made on the condition that

the gift, devise, or bequest be used for the benefit of—

‘‘(A) members of the armed forces, including members performing full-time National Guard duty under section 502(f)

of title 32, who incur a wound, injury, or illness while in

the line of duty;

‘‘(B) civilian employees of the Department of Defense who

incur a wound, injury, or illness while in the line of duty;

‘‘(C) dependents of such members or employees; and

‘‘(D) survivors of such members or employees who are

killed.

‘‘(2) The Secretary concerned may not accept a gift of services

from a foreign government or international organization under this

subsection. A gift of real property, personal property, or money

from a foreign government or international organization may be

accepted under this subsection only if the gift is not designated

for a specific individual.

‘‘(3) The Secretary of Defense shall prescribe regulations specifying the conditions that may be attached to a gift, devise, or

bequest accepted under this subsection.

‘‘(4) The authority to accept gifts, devises, or bequests under

this subsection expires on December 31, 2007.

‘‘(c) GIFT FUNDS.—Gifts and bequests of money, and the proceeds of the sale of property, received under subsection (a) or

(b) shall be deposited in the Treasury in the following accounts:

‘‘(1) The Department of the Army General Gift Fund, in

the case of deposits made by the Secretary of the Army.

‘‘(2) The Department of the Navy General Gift Fund, in

the case of deposits made by the Secretary of the Navy.

‘‘(3) The Department of the Air Force General Gift Fund,

in the case of deposits made by the Secretary of the Air Force.

‘‘(4) The Coast Guard General Gift Fund, in the case of

deposits made by the Secretary of Homeland Security.

Expiration date.

Regulations.

119 STAT. 3212 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(5) The Department of Defense General Gift Fund, in

the case of deposits made by the Secretary of Defense.

‘‘(d) USE OF GIFTS; PROHIBITIONS.—(1) Except as provided in

paragraph (2), property and money accepted under subsection (a)

or (b) may be used by the Secretary concerned, and services accepted

under subsection (b) may be performed, without further specific

authorization in law.

‘‘(2) Property and money may not be accepted under subsection

(a) and property, money, and services may not be accepted under

subsection (b)—

‘‘(A) if the use of the property or money or the performance

of the services in connection with any program, project, or

activity would result in the violation of any prohibition or

limitation otherwise applicable to such program, project, or

activity;

‘‘(B) if the conditions attached to the property, money,

or services are inconsistent with applicable law or regulations;

‘‘(C) if the Secretary concerned determines that the use

of the property or money or the performance of the services

would reflect unfavorably on the ability of the Department

of Defense or the Coast Guard, any employee of the Department

or Coast Guard, or any member of the armed forces to carry

out any responsibility or duty in a fair and objective manner;

or

‘‘(D) if the Secretary concerned determines that the use

of the property or money or the performance of the services

would compromise the integrity or appearance of integrity of

any program of the Department of Defense or Coast Guard,

or any individual involved in such a program.

‘‘(3) The Secretary concerned may disburse funds deposited

in a gift fund referred to in subsection (c) for the purposes specified

in subsections (a) and (b), subject to the terms of the gift, devise,

or bequest.

‘‘(e) PAYMENT OF EXPENSES.—The Secretary concerned may pay

all necessary expenses in connection with the conveyance or transfer

of a gift, devise, or bequest accepted under this section.

‘‘(f) TREATMENT OF GIFTS.—For the purposes of Federal income,

estate, and gift taxes, any property or money accepted under subsection (a) and any property, money, or services accepted under

subsection (b) shall be considered as a gift, devise, or bequest

to or for the use of the United States.

‘‘(g) MANAGEMENT OF FUNDS.—In the case of each gift fund

referred to in subsection (c), the Secretary of the Treasury, upon

the request of the Secretary concerned, may retain money, securities, and the proceeds of the sale of securities in the gift fund

and may invest money and reinvest the proceeds of the sale of

securities in the gift fund in securities of the United States or

in securities guaranteed as to principal and interest by the United

States. The interest and profits accruing from those securities shall

be deposited to the credit of the gift fund and may be disbursed

as provided in subsection (d).

‘‘(h) COMPTROLLER GENERAL REVIEW.—The Comptroller General shall make periodic audits of gifts, devises, and bequests

accepted under subsection (a) or (b) at such intervals as the Comptroller General determines to be warranted. The Comptroller General shall submit to Congress a report on the results of each

such audit.

Reports.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3213

‘‘(i) DEFINITIONS.—In this section:

‘‘(1) The term ‘Secretary concerned’ includes the Secretary

of Defense.

‘‘(2) The term ‘services’ includes activities that benefit the

morale, welfare, or recreation of members of the armed forces

and their dependents or are related or incidental to the conveyance of a gift, devise, or bequest of real property or personal

property under subsection (a) or (b).’’.

SEC. 375. INCLUSION OF PACKET BASED TELEPHONY IN DEPARTMENT

OF DEFENSE TELECOMMUNICATIONS BENEFIT.

(a) INCLUSION IN BENEFIT.—Subsection (a) of section 344 of

the National Defense Authorization Act for Fiscal Year 2004 (Public

Law 108–136; 117 Stat. 1448) is amended by inserting ‘‘packet

based telephony service,’’ after ‘‘prepaid phone cards,’’.

(b) INCLUSION OF INTERNET TELEPHONY IN DEPLOYMENT OF

ADDITIONAL TELEPHONE EQUIPMENT.—Subsection (e) of such section

is amended—

(1) by inserting ‘‘or Internet service’’ after ‘‘additional telephones’’;

(2) by inserting ‘‘or packet based telephony’’ after ‘‘to facilitate telephone’’; and

(3) by inserting ‘‘or Internet access’’ after ‘‘installation of

telephones’’.

(c) CONFORMING AMENDMENTS.—Such section is further

amended—

(1) in the heading for subsection (a), by striking ‘‘PREPAID

PHONE CARDS’’ and inserting ‘‘BENEFIT’’; and

(2) in the heading for subsection (e), by inserting ‘‘OR INTERNET ACCESS’’ after ‘‘TELEPHONE EQUIPMENT’’.

SEC. 376. LIMITATION ON FINANCIAL MANAGEMENT IMPROVEMENT

AND AUDIT INITIATIVES WITHIN DEPARTMENT OF

DEFENSE.

(a) LIMITATION.—During fiscal year 2006, the Secretary of

Defense may not obligate or expend any funds for the purpose

of any financial management improvement activity relating to the

preparation, processing, or auditing of financial statements until

the Secretary submits to the congressional defense committees each

of the following:

(1) A comprehensive and integrated financial management

improvement plan that—

(A) describes specific actions to be taken to correct

financial management deficiencies that impair the ability

of the Department of Defense to prepare timely, reliable,

and complete financial management information; and

(B) systematically ties such actions to process and control improvements and business systems modernization

efforts described in the business enterprise architecture

and transition plan required by section 2222 of title 10,

United States Code.

(2) A written determination that each financial management improvement activity to be undertaken is—

(A) consistent with the financial management improvement plan submitted pursuant to paragraph (1); and

(B) likely to improve internal controls or otherwise

result in sustained improvements in the ability of the

119 STAT. 3214 PUBLIC LAW 109–163—JAN. 6, 2006

Department to produce timely, reliable, and complete financial management information.

(b) EXCEPTION.—The limitation under subsection (a) shall not

apply to an activity directed exclusively at assessing the adequacy

of internal controls and remediating any inadequacy identified

pursuant to such an assessment.

SEC. 377. PROVISION OF WELFARE OF SPECIAL CATEGORY RESIDENTS

AT NAVAL STATION GUANTANAMO BAY, CUBA.

(a) IN GENERAL.—The Secretary of the Navy may provide for

the general welfare, including subsistence, housing, and health

care, of any person at Naval Station Guantanamo Bay, Cuba, who

is designated by the Secretary, not later than 90 days after the

date of the enactment of this Act, as a ‘‘special category resident’’.

(b) PROHIBITION ON CONSTRUCTION OF NEW FACILITIES.—The

authorization under subsection (a) shall not be construed as an

authorization for the construction a new housing facility or medical

treatment facility.

(c) PRIOR USE OF FUNDS.—Any obligation or expenditure of

funds for the general welfare of any person described in subsection

(a) before the date of the enactment of this Act is deemed to

be not subject to the provisions of chapter 13 of title 31, United

States Code.

SEC. 378. COMMEMORATION OF SUCCESS OF THE ARMED FORCES IN

OPERATION ENDURING FREEDOM AND OPERATION

IRAQI FREEDOM.

(a) CELEBRATION HONORING MILITARY EFFORTS IN OPERATION

ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.—The President may—

(1) designate a day of celebration to honor the soldiers,

sailors, airmen, and Marines of the Armed Forces who have

served in Operation Enduring Freedom or Operation Iraqi

Freedom and have returned to the United States; and

(2) issue a proclamation calling on the people of the United

States to observe that day with appropriate ceremonies and

activities.

(b) PARTICIPATION OF ARMED FORCES IN CELEBRATION.—

(1) PARTICIPATION AUTHORIZED.—Members and units of the

Armed Forces may participate in activities associated with

a day of celebration designated under subsection (a) that are

held in Washington, District of Columbia.

(2) AVAILABILITY OF FUNDS.—Subject to paragraph (4),

amounts authorized to be appropriated for the Department

of Defense for fiscal year 2006 may be used to cover costs

associated with the participation of members and units of the

Armed Forces in the activities described in paragraph (1).

(3) ACCEPTANCE OF PRIVATE CONTRIBUTIONS.—(A) Notwithstanding any other provision of law, the Secretary of Defense

may accept cash contributions from private individuals and

entities for the purposes of covering the costs of the participation of members and units of the Armed Forces in the activities

described in paragraph (1). Amounts so accepted shall be deposited in an account established for purposes of this paragraph.

(B) Amounts accepted under subparagraph (A) may be

used for the purposes described in that subparagraph until

expended.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3215

(4) LIMITATION.—The total amount of funds described in

paragraph (2) that are available for the purpose set forth in

that paragraph may not exceed the amount equal to—

(A) $20,000,000, minus

(B) the amount of any cash contributions accepted

by the Secretary under paragraph (3).

(c) AWARD OF RECOGNITION ITEMS.—

(1) AUTHORITY TO AWARD.—Under regulations prescribed

by the Secretary of Defense, appropriate recognition items may

be awarded to any individual who served honorably as a

member of the Armed Forces in Operation Enduring Freedom

or Operation Iraqi Freedom during the Global War on Terrorism. The purpose of the award of such items is to recognize

the contribution of such individuals to the success of the United

States in those operations.

(2) RECOGNITION ITEMS DEFINED.—In this subsection, the

term ‘‘recognition items’’ means recognition items authorized

for presentation under section 2261 of title 10, United States

Code (as added by section 589 of this Act).

Subtitle H—Utah Test and Training Range

SEC. 381. DEFINITIONS.

In this subtitle:

(1) The term ‘‘covered wilderness’’ means the wilderness

area designated by this subtitle and wilderness study areas

located near lands withdrawn for military use and beneath

special use airspace critical to the support of military test

and training missions at the Utah Test and Training Range,

including the Deep Creek, Fish Springs, Swasey Mountain,

Howell Peak, Notch Peak, King Top, Wah Wah Mountain,

and Conger Mountain units designated by the Department

of the Interior.

(2) The term ‘‘Utah Test and Training Range’’ means those

portions of the military operating area of the Utah Test and

Training Area located solely in the State of Utah. The term

includes the Dugway Proving Ground.

(3) The term ‘‘Wilderness Act’’ means Public Law 88–577,

approved September 3, 1964 (16 U.S.C. 1131 et seq.).

SEC. 382. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND

TRAINING RANGE.

(a) FINDINGS.—The Congress finds the following:

(1) The testing and development of military weapons systems and the training of military forces are critical to ensuring

the national security of the United States.

(2) The Utah Test and Training Range in the State of

Utah is a unique and irreplaceable national asset at the core

of the test and training mission of the Department of Defense.

(3) The Cedar Mountain Wilderness Area designated by

section 384, as well as several wilderness study areas, are

located near lands withdrawn for military use or are beneath

special use airspace critical to the support of military test

and training missions at the Utah Test and Training Range.

119 STAT. 3216 PUBLIC LAW 109–163—JAN. 6, 2006

(4) The Utah Test and Training Range and special use

airspace withdrawn for military uses create unique management circumstances for the covered wilderness in this subtitle,

and it is not the intent of Congress that passage of this subtitle

shall be construed as establishing a precedent with respect

to any future national conservation area or wilderness designation.

(5) Continued access to the special use airspace and lands

that comprise the Utah Test and Training Range, under the

terms and conditions described in this subtitle, is a national

security priority and is not incompatible with the protection

and proper management of the natural, environmental, cultural, and other resources of such lands.

(b) OVERFLIGHTS.—Nothing in this subtitle or the Wilderness

Act shall preclude low-level overflights and operations of military

aircraft, helicopters, missiles, or unmanned aerial vehicles over

the covered wilderness, including military overflights and operations

that can be seen or heard within the covered wilderness.

(c) SPECIAL USE AIRSPACE AND TRAINING ROUTES.—Nothing

in this subtitle or the Wilderness Act shall preclude the designation

of new units of special use airspace, the expansion of existing

units of special use airspace, or the use or establishment of military

training routes over the covered wilderness.

(d) COMMUNICATIONS AND TRACKING SYSTEMS.—Nothing in this

subtitle shall prevent any required maintenance of existing communications, instrumentation, or electronic tracking systems (or infrastructure supporting such systems) or prevent the installation of

new communication, instrumentation, or other equipment necessary

for effective testing and training to meet military requirements

in wilderness study areas located beneath special use airspace

comprising the Utah Test and Training Range, including the Deep

Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch Peak,

King Top, Wah Wah Mountain, and Conger Mountain units designated by the Department of Interior, so long as the Secretary

of the Interior, after consultation with the Secretary of the Air

Force, determines that the installation and maintenance of such

systems, when considered both individually and collectively, comply

with section 603 of the Federal Land Policy and Management

Act of 1976 (43 U.S.C. 1782).

(e) EMERGENCY ACCESS AND RESPONSE.—Nothing in this subtitle or the Wilderness Act shall preclude the continuation of the

memorandum of understanding in existence as of the date of the

enactment of this Act between the Department of the Interior

and the Department of the Air Force with respect to emergency

access and response.

(f) PROHIBITION ON GROUND MILITARY OPERATIONS.—Except

as provided in subsections (d) and (e), nothing in this section

shall be construed to permit a military operation to be conducted

on the ground in covered wilderness in the Utah Test and Training

Range unless such ground operation is otherwise permissible under

Federal law and consistent with the Wilderness Act.

SEC. 383. ANALYSIS OF MILITARY READINESS AND OPERATIONAL

IMPACTS IN PLANNING PROCESS FOR FEDERAL LANDS

IN UTAH TEST AND TRAINING RANGE.

The Secretary of the Interior shall develop, maintain, and revise

land use plans pursuant to section 202 of the Federal Land Policy

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3217

and Management Act of 1976 (43 U.S. C. 1712) for Federal lands

located in the Utah Test and Training Range in consultation with

the Secretary of Defense. As part of the required consultation

in connection with a proposed revision of a land use plan, the

Secretary of Defense shall prepare and transmit to the Secretary

of the Interior an analysis of the military readiness and operational

impacts of the proposed revision within six months of a request

from the Secretary of the Interior.

SEC. 384. DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN

WILDERNESS, UTAH.

(a) DESIGNATION.—Certain Federal lands in Tooele County,

Utah, as generally depicted on the map entitled ‘‘Cedar Mountain

Wilderness’’ and dated March 7, 2004, are hereby designated as

wilderness and, therefore, as a component of the National Wilderness Preservation System to be known as the Cedar Mountain

Wilderness Area.

(b) WITHDRAWAL.—Subject to valid existing rights, the Federal

lands in the Cedar Mountain Wilderness Area are hereby withdrawn from all forms of entry, appropriation, or disposal under

the public land laws, from location, entry, and patent under the

United States mining laws, and from disposition under all laws

pertaining to mineral and geothermal leasing, and mineral materials, and all amendments to such laws.

(c) MAP AND DESCRIPTION.—

(1) TRANSMITTAL.—As soon as practicable after the date

of the enactment of this Act, the Secretary of the Interior

shall transmit a map and legal description of the Cedar Mountain Wilderness Area to the Committee on Resources of the

House of Representatives and the Committee on Energy and

Natural Resources of the Senate.

(2) LEGAL EFFECT.—The map and legal description shall

have the same force and effect as if included in this Act,

except that the Secretary of the Interior may correct clerical

and typographical errors in the map and legal description.

(3) AVAILABILITY.—The map and legal description shall be

on file and available for public inspection in the office of the

Director of the Bureau of Land Management and the office

of the State Director of the Bureau of Land Management in

the State of Utah.

(d) ADMINISTRATION.—Subject to valid existing rights and this

subtitle, the Cedar Mountain Wilderness Area shall be administered

by the Secretary of the Interior in accordance with the provisions

of the Wilderness Act, except that any reference in such provisions

to the effective date of the Wilderness Act (or any similar reference)

shall be deemed to be a reference to the date of the enactment

of this Act.

(e) LAND ACQUISITION.—Any lands or interest in lands within

the boundaries of the Cedar Mountain Wilderness Area acquired

by the United States after the date of the enactment of this Act

shall be added to and administered as part of the Cedar Mountain

Wilderness Area.

(f) FISH AND WILDLIFE MANAGEMENT.—As provided in section

4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in

this subtitle shall be construed as affecting the jurisdiction of the

State of Utah with respect to fish and wildlife on the Federal

lands located in that State.

National

Wilderness

Preservation

System.

16 USC 1132

note.

119 STAT. 3218 PUBLIC LAW 109–163—JAN. 6, 2006

(g) GRAZING.—Within the Cedar Mountain Wilderness Area,

the grazing of livestock, where established before the date of the

enactment of this Act, shall be permitted to continue subject to

such reasonable regulations, policies, and practices as the Secretary

of the Interior considers necessary, as long as such regulations,

policies, and practices fully conform with and implement the intent

of Congress regarding grazing in such areas, as such intent is

expressed in the Wilderness Act, section 101(f) of Public Law 101–

628 (104 Stat. 4473), and appendix A of the Report of the Committee

on Interior and Insular Affairs to accompany H.R. 2570 of the

101st Congress (H. Rept. 101–405).

(h) BUFFER ZONES.—Congress does not intend for the designation of the Cedar Mountain Wilderness Area to lead to the creation

of protective perimeters or buffer zones around the wilderness area.

The fact that nonwilderness activities or uses can be seen or heard

within the wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area.

(i) RELEASE FROM WILDERNESS STUDY AREA STATUS.—The

lands identified as the Browns Spring Cherrystem on the map

entitled ‘‘Proposed Browns Spring Cherrystem’’ and dated May 11,

2004, are released from their status as a wilderness study area,

and shall no longer be subject to the requirements of section 603(c)

of the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1782(c)) pertaining to the management of wilderness study areas

in a manner that does not impair the suitability of those areas

for preservation of wilderness.

SEC. 385. RELATION TO OTHER LANDS.

Nothing in this subtitle shall be construed to affect any Federal

lands located outside of the covered wilderness or the management

of such lands.

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

end strengths for fiscal years 2007 through 2009.

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 2006 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty

for operational support.

SUBTITLE C—AUTHORIZATION 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, 2006, as follows:

10 USC 115 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3219

(1) The Army, 512,400.

(2) The Navy, 352,700.

(3) The Marine Corps, 179,000.

(4) The Air Force, 357,400.

(b) LIMITATION.— (1) ARMY.—The authorized strength for the Army provided

in paragraph (1) of subsection (a) for active duty personnel

for fiscal year 2006 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 emergency supplemental appropriation.

(2) MARINE CORPS.—The authorized strength for the Marine

Corps provided in paragraph (3) of subsection (a) for active

duty personnel for fiscal year 2006 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, 352,700.

‘‘(3) For the Marine Corps, 179,000.

‘‘(4) For the Air Force, 357,400.’’.

SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND

MARINE CORPS ACTIVE DUTY END STRENGTHS FOR

FISCAL YEARS 2007 THROUGH 2009.

Effective October 1, 2006, the text of section 403 of the Ronald

W. Reagan National Defense Authorization Act for Fiscal Year

2005 (Public Law 108–375; 118 Stat. 1863) is amended to read

as follows:

‘‘(a) AUTHORITY.—

‘‘(1) ARMY.—For each of fiscal years 2007, 2008, and 2009,

the Secretary of Defense may, as the Secretary determines

necessary for the purposes specified in paragraph (3), establish

the active-duty end strength for the Army at a number greater

than the number otherwise authorized by law up to the number

equal to the fiscal-year 2006 baseline plus 20,000.

‘‘(2) MARINE CORPS.—For each of fiscal years 2007, 2008,

and 2009, the Secretary of Defense may, as the Secretary

determines necessary for the purposes specified in paragraph

(3), establish the active-duty end strength for the Marine Corps

at a number greater than the number otherwise authorized

by law up to the number equal to the fiscal-year 2006 baseline

plus 5,000.

‘‘(3) PURPOSE OF INCREASES.—The purposes for which

increases may be made in Army and Marine Corps active

duty end strengths under paragraphs (1) and (2) are—

‘‘(A) to support operational missions; and

‘‘(B) to achieve transformational reorganization objectives, including objectives for increased numbers of combat

Effective date.

10 USC 115

notes.

119 STAT. 3220 PUBLIC LAW 109–163—JAN. 6, 2006

brigades and battalions, increased unit manning, force stabilization and shaping, and rebalancing of the active and

reserve component forces.

‘‘(4) FISCAL-YEAR 2006 BASELINE.—In this subsection, the

term ‘fiscal-year 2006 baseline’, with respect to the Army and

Marine Corps, means the active-duty end strength authorized

for those services in section 401 of the National Defense

Authorization Act for Fiscal Year 2006.

‘‘(5) ACTIVE-DUTY END STRENGTH.—In this subsection, the

term ‘active-duty end strength’ means the strength for activeduty personnel of one the Armed Forces as of the last day

of a fiscal year.

‘‘(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) FISCAL YEAR 2007 BUDGET.—The budget for the Department of Defense for fiscal year 2007 as submitted to Congress

shall comply, with respect to funding, with subsections (c) and

(d) of section 691 of title 10, United States Code.

‘‘(2) OTHER INCREASES.—If the Secretary of Defense plans

to increase the Army or Marine Corps active duty end strength

for a fiscal year under subsection (a), then the budget for

the Department of Defense for that fiscal year as submitted

to Congress shall include the amounts necessary for funding

that active duty end strength in excess of the fiscal year 2006

active duty end strength authorized for that service under

section 401 of the National Defense Authorization Act for Fiscal

Year 2006.’’.

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, 2006, as follows:

(1) The Army National Guard of the United States, 350,000.

(2) The Army Reserve, 205,000.

(3) The Navy Reserve, 73,100.

(4) The Marine Corps Reserve, 39,600.

(5) The Air National Guard of the United States, 106,800.

(6) The Air Force Reserve, 74,000.

(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

10 USC 12001

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3221

(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 component shall be increased proportionately by the total authorized

strengths of such units and by the total number of such individual

members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT 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, 2006, 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, 27,396.

(2) The Army Reserve, 15,270.

(3) The Navy Reserve, 13,392.

(4) The Marine Corps Reserve, 2,261.

(5) The Air National Guard of the United States, 13,123.

(6) The Air Force Reserve, 2,290.

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 2006 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, 7,649.

(2) For the Army National Guard of the United States,

25,563.

(3) For the Air Force Reserve, 9,852.

(4) For the Air National Guard of the United States, 22,971.

SEC. 414. FISCAL YEAR 2006 LIMITATION ON NUMBER OF NON-DUAL

STATUS TECHNICIANS.

(a) LIMITATIONS.—

(1) NATIONAL GUARD.—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, 2006, 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) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2006,

may not exceed 695.

(3) AIR FORCE RESERVE.—The number of non-dual status

technicians employed by the Air Force Reserve as of September

30, 2006, may not exceed 90.

10 USC 115 note.

10 USC 12001

note.

119 STAT. 3222 PUBLIC LAW 109–163—JAN. 6, 2006

(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 2006, 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, 17,000.

(2) The Army Reserve, 13,000.

(3) The Naval Reserve, 6,200.

(4) The Marine Corps Reserve, 3,000.

(5) The Air National Guard of the United States, 16,000.

(6) The Air Force Reserve, 14,000.

Subtitle C—Authorization of

Appropriations

SEC. 421. MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2006 a total

of $108,942,746,000. The authorization in the preceding sentence

supersedes any other authorization of appropriations (definite or

indefinite) for such purpose for fiscal year 2006.

SEC. 422. ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year

2006 from the Armed Forces Retirement Home Trust Fund the

sum of $58,281,000 for the operation of the Armed Forces Retirement Home.

TITLE V—MILITARY PERSONNEL

POLICY

SUBTITLE A—OFFICER PERSONNEL POLICY

Sec. 501. Temporary increase in percentage limits on reduction of time-in-grade requirements for retirement in grade upon voluntary retirement.

Sec. 502. Two-year renewal of temporary authority to reduce minimum length of

commissioned service required for voluntary retirement as an officer.

Sec. 503. Exclusion from active-duty general and flag officer distribution and

strength limitations of officers on leave pending separation or retirement or between senior positions.

Sec. 504. Consolidation of grade limitations on officer assignment and insignia

practice known as frocking.

Sec. 505. Clarification of deadline for receipt by promotion selection boards of certain communications from eligible officers.

Sec. 506. Furnishing to promotion selection boards of adverse information on officers eligible for promotion to certain senior grades.

Sec. 507. Applicability of officer distribution and strength limitations to officers

serving in intelligence community positions.

Sec. 508. Grades of the Judge Advocates General.

Sec. 509. Authority to retain permanent professors at the Naval Academy beyond

30 years of active commissioned service.

Sec. 510. Authority for designation of a general/flag officer position on the Joint

Staff to be held by reserve component general or flag officer on active

duty.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3223

SUBTITLE B—RESERVE COMPONENT MANAGEMENT

Sec. 511. Separation at age 64 for reserve component senior officers.

Sec. 512. Modification of strength-in-grade limitations applicable to Reserve flag officers in active status.

Sec. 513. Military technicians (dual status) mandatory separation.

Sec. 514. Military retirement credit for certain service by National Guard members

performed while in a State duty status immediately after the terrorist

attacks of September 11, 2001. Sec. 515. Redesignation of the Naval Reserve as the Navy Reserve.

Sec. 516. Clarification of certain authorities relating to the Commission on the National Guard and Reserves.

Sec. 517. Report on employment matters for members of the reserve components.

Sec. 518. Defense Science Board study on deployment of members of the National

Guard and Reserves in the Global War on Terrorism.

Sec. 519. Sense of Congress on certain matters relating to the National Guard and

Reserves.

Sec. 520. Pilot program on enhanced quality of life for members of the Army Reserve and their families.

SUBTITLE C—EDUCATION AND TRAINING

PART I—DEPARTMENT OF DEFENSE SCHOOLS GENERALLY

Sec. 521. Authority for National Defense University award of degree of Master of

Science in Joint Campaign Planning and Strategy. Sec. 522. Authority for certain professional military education schools to receive

faculty research grants for certain purposes.

PART II—UNITED STATES NAVAL POSTGRADUATE SCHOOL

Sec. 523. Revision to mission of the Naval Postgraduate School.

Sec. 524. Modification of eligibility for position of President of the Naval Postgraduate School. Sec. 525. Increased enrollment for eligible defense industry employees in the defense product development program at Naval Postgraduate School. Sec. 526. Instruction for enlisted personnel by the Naval Postgraduate School.

PART III—RESERVE OFFICERS’ TRAINING CORPS

Sec. 531. Repeal of limitation on amount of financial assistance under ROTC scholarship programs. Sec. 532. Increase in annual limit on number of ROTC scholarships under Army

Reserve and National Guard program. Sec. 533. Procedures for suspending financial assistance and subsistence allowance

for Senior ROTC cadets and midshipmen on the basis of health-related

conditions.

Sec. 534. Eligibility of United States nationals for appointment to the Senior Reserve Officers’ Training Corps. Sec. 535. Promotion of foreign language skills among members of the Reserve Officers’ Training Corps. Sec. 536. Designation of Ike Skelton Early Commissioning Program Scholarships.

PART IV—OTHER MATTERS

Sec. 537. Enhancement of educational loan repayment authorities.

Sec. 538. Payment of expenses of members of the Armed Forces to obtain professional credentials.

Sec. 539. Use of Reserve Montgomery GI Bill benefits and benefits for mobilized

members of the Selected Reserve and National Guard for payments for

licensing or certification tests. Sec. 540. Modification of educational assistance for reserves supporting contingency

and other operations.

SUBTITLE D—GENERAL SERVICE REQUIREMENTS

Sec. 541. Ground combat and other exclusion policies.

Sec. 542. Uniform citizenship or residency requirements for enlistment in the

Armed Forces.

Sec. 543. Increase in maximum age for enlistment.

Sec. 544. Increase in maximum term of original enlistment in regular component.

Sec. 545. National Call to Service program.

Sec. 546. Reports on information provided to potential recruits and to new entrants

into the Armed Forces on ‘‘stop loss’’ authorities and initial period of

military service obligation.

SUBTITLE E—MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS

Sec. 551. Offense of stalking under the Uniform Code of Military Justice.

119 STAT. 3224 PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 552. Rape, sexual assault, and other sexual misconduct under Uniform Code

of Military Justice.

Sec. 553. Extension of statute of limitations for murder, rape, and child abuse offenses under the Uniform Code of Military Justice.

Sec. 554. Reports by officers and senior enlisted members of conviction of criminal

law.

Sec. 555. Clarification of authority of military legal assistance counsel to provide

military legal assistance without regard to licensing requirements.

Sec. 556. Use of teleconferencing in administrative sessions of courts-martial.

Sec. 557. Sense of Congress on applicability of Uniform Code of Military Justice to

Reserves on inactive-duty training overseas.

SUBTITLE F—MATTERS RELATING TO CASUALTIES

Sec. 561. Authority for members on active duty with disabilities to participate in

Paralympic Games.

Sec. 562. Policy and procedures on casualty assistance to survivors of military decedents.

Sec. 563. Policy and procedures on assistance to severely wounded or injured service members.

Sec. 564. Designation by members of the Armed Forces of persons authorized to direct the disposition of member remains.

SUBTITLE G—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR DEFENSE

DEPENDENTS EDUCATION

Sec. 571. Expansion of authorized enrollment in Department of Defense dependents

schools overseas.

Sec. 572. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 573. Impact aid for children with severe disabilities.

Sec. 574. Continuation of impact aid assistance on behalf of dependents of certain

members despite change in status of member.

SUBTITLE H—DECORATIONS AND AWARDS

Sec. 576. Eligibility for Operation Enduring Freedom campaign medal.

SUBTITLE I—CONSUMER PROTECTION MATTERS

Sec. 577. Requirement for regulations on policies and procedures on personal commercial solicitations on Department of Defense installations.

Sec. 578. Consumer education for members of the Armed Forces and their spouses

on insurance and other financial services.

Sec. 579. Report on predatory lending practices directed at members of the Armed

Forces and their dependents.

SUBTITLE J—REPORTS AND SENSE OF CONGRESS STATEMENTS

Sec. 581. Report on need for a personnel plan for linguists in the Armed Forces.

Sec. 582. Sense of Congress that colleges and universities give equal access to military recruiters and ROTC in accordance with the Solomon Amendment

and requirement for report to Congress.

Sec. 583. Sense of Congress concerning study of options for providing homeland defense education.

Sec. 584. Sense of Congress recognizing the diversity of the members of the Armed

Forces serving in Operation Iraqi Freedom and Operation Enduring

Freedom and honoring their sacrifices and the sacrifices of their families.

SUBTITLE K—OTHER MATTERS

Sec. 589. Expansion and enhancement of authority to present recognition items for

recruitment and retention purposes.

Sec. 590. Extension of date of submittal of report of Veterans’ Disability Benefits

Commission.

Sec. 591. Recruitment and enlistment of home-schooled students in the Armed

Forces.

Sec. 592. Modification of requirement for certain intermediaries under certain authorities relating to adoptions.

Sec. 593. Adoption leave for members of the Armed Forces adopting children.

Sec. 594. Addition of information to be covered in mandatory preseparation counseling.

Sec. 595. Report on Transition Assistance Programs.

Sec. 596. Improvement to Department of Defense capacity to respond to sexual assault affecting members of the Armed Forces.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3225

Sec. 597. Authority for appointment of Coast Guard flag officer as Chief of Staff to

the President.

Sec. 598. Prayer at military service academy activities.

Sec. 599. Modification of authority to make military working dogs available for

adoption.

Subtitle A—Officer Personnel Policy

SEC. 501. TEMPORARY INCREASE IN PERCENTAGE LIMITS ON REDUCTION OF TIME-IN-GRADE REQUIREMENTS FOR RETIREMENT IN GRADE UPON VOLUNTARY RETIREMENT.

Section 1370(a)(2) of title 10, United States Code, is amended

by adding at the end the following new subparagraph:

‘‘(F) Notwithstanding subparagraph (E), during the period

ending on December 31, 2007, the number of lieutenant colonels

and colonels of the Air Force, and the number of commanders

and captains of the Navy, for whom a reduction is made under

this section during any fiscal year in the period of service-ingrade otherwise required under this paragraph may not exceed

four percent of the authorized active-duty strength for that fiscal

year for officers of that armed force in that grade.’’.

SEC. 502. TWO-YEAR RENEWAL OF TEMPORARY AUTHORITY TO

REDUCE MINIMUM LENGTH OF COMMISSIONED SERVICE

REQUIRED FOR VOLUNTARY RETIREMENT AS AN

OFFICER.

(a) ARMY.—Section 3911(b) of title 10, United States Code,

is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

(2) in paragraph (1), as so designated, by striking ‘‘during

the period beginning on October 1, 1990, and ending on

December 31, 2001’’ and inserting ‘‘during the period specified

in paragraph (2),’’; and

(3) by adding at the end the following new paragraph:

‘‘(2) The period specified in this paragraph is the period beginning on the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2006 and ending on December

31, 2008.’’.

(b) NAVY AND MARINE CORPS.—Section 6323(a)(2) of such title

is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(2)’’;

(2) in subparagraph (A), as so designated, by striking

‘‘during the period beginning on October 1, 1990, and ending

on December 31, 2001’’ and inserting ‘‘during the period specified in subparagraph (B),’’; and

(3) by adding at the end the following new subparagraph:

‘‘(B) The period specified in this subparagraph is the period

beginning on the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2006 and ending on December

31, 2008.’’.

(c) AIR FORCE.—Section 8911(b) of such title is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

(2) in paragraph (1), as so designated, by striking ‘‘during

the period beginning on October 1, 1990, and ending on

December 31, 2001’’ and inserting ‘‘during the period specified

in paragraph (2),’’; and

(3) by adding at the end the following new paragraph:

119 STAT. 3226 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(2) The period specified in this paragraph is the period beginning on the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2006 and ending on December

31, 2008.’’.

SEC. 503. EXCLUSION FROM ACTIVE-DUTY GENERAL AND FLAG

OFFICER DISTRIBUTION AND STRENGTH LIMITATIONS

OF OFFICERS ON LEAVE PENDING SEPARATION OR

RETIREMENT OR BETWEEN SENIOR POSITIONS.

(a) DISTRIBUTION LIMITATIONS.—Section 525 of title 10, United

States Code, is amended by adding at the end the following new

subsection:

‘‘(e) In determining the total number of general officers or

flag officers of an armed force on active duty for purposes of this

section, the following officers shall not be counted:

‘‘(1) An officer of that armed force in the grade of brigadier

general or above or, in the case of the Navy, in the grade

of rear admiral (lower half) or above, who is on leave pending

the retirement, separation, or release of that officer from active

duty, but only during the 60-day period beginning on the date

of the commencement of such leave of such officer.

‘‘(2) An officer of that armed force who has been relieved

from a position designated under section 601(a) of this title

and is under orders to assume another such position, but only

during the 60-day period beginning on the date on which those

orders are published.’’.

(b) ACTIVE-DUTY STRENGTH LIMITATIONS.—

(1) IN GENERAL.—Section 526 of such title is amended

by adding at the end the following new subsection:

‘‘(e) EXCLUSION OF CERTAIN OFFICERS PENDING SEPARATION

OR RETIREMENT OR BETWEEN SENIOR POSITIONS.—The limitations

of this section do not apply to a general or flag officer who is

covered by an exclusion under section 525(e) of this title.’’.

(2) CONFORMING AMENDMENT.—The heading of subsection

(d) of such section is amended by striking ‘‘CERTAIN OFFICERS’’

and inserting ‘‘CERTAIN RESERVE OFFICERS’’.

(c) PROHIBITION OF FROCKING TO GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.—Section 777(a) of such title is amended

by inserting ‘‘in a grade below the grade of major general or,

in the case of the Navy, rear admiral,’’ after ‘‘An officer’’ in the

first sentence.

SEC. 504. CONSOLIDATION OF GRADE LIMITATIONS ON OFFICER

ASSIGNMENT AND INSIGNIA PRACTICE KNOWN AS

FROCKING.

Section 777(d) of title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking ‘‘brigadier generals and Navy rear

admirals (lower half)’’ and inserting ‘‘colonels, Navy captains, brigadier generals, and rear admirals (lower half)’’;

and

(B) by striking ‘‘the grade of’’ and all that follows

through ‘‘30’’ and inserting ‘‘the next higher grade may

not exceed 85’’;

(2) by striking paragraph (2); and

(3) by redesignating paragraph (3) as paragraph (2).

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3227

SEC. 505. CLARIFICATION OF DEADLINE FOR RECEIPT BY PROMOTION

SELECTION BOARDS OF CERTAIN COMMUNICATIONS

FROM ELIGIBLE OFFICERS.

(a) OFFICERS ON ACTIVE-DUTY LIST.—Section 614(b) of title

10, United States Code, is amended in the first sentence by inserting

‘‘the day before’’ after ‘‘not later than’’.

(b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—Section 14106

of such title is amended in the second sentence by inserting ‘‘the

day before’’ after ‘‘not later than’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on March 1, 2006, and shall apply with respect

to selection boards convened on or after that date.

SEC. 506. FURNISHING TO PROMOTION SELECTION BOARDS OF

ADVERSE INFORMATION ON OFFICERS ELIGIBLE FOR

PROMOTION TO CERTAIN SENIOR GRADES.

(a) OFFICERS ON ACTIVE-DUTY LIST.—

(1) IN GENERAL.—Section 615(a) of title 10, United States

Code, is amended—

(A) by redesignating paragraphs (3), (4), (5), and (6)

as paragraphs (4), (5), (6), and (7), respectively; and

(B) by inserting after paragraph (2) the following new

paragraph (3):

‘‘(3) In the case of an eligible officer considered for promotion

to a grade above colonel or, in the case of the Navy, captain,

any credible information of an adverse nature, including any

substantiated adverse finding or conclusion from an officially documented investigation or inquiry, shall be furnished to the selection

board in accordance with standards and procedures set out in

the regulations prescribed by the Secretary of Defense pursuant

to paragraph (1).’’.

(2) CONFORMING AMENDMENTS.—Such section is further

amended—

(A) in paragraph (4), as redesignated by paragraph

(1)(A) of this subsection, by striking ‘‘paragraph (2)’’ and

inserting ‘‘paragraphs (2) and (3)’’;

(B) in paragraph (5), as so redesignated, by striking

‘‘and (3)’’ and inserting ‘‘, (3), and (4)’’;

(C) in paragraph (6), as so redesignated—

(i) in the matter preceding subparagraph (A), by

inserting ‘‘, or in paragraph (3),’’ after ‘‘paragraph (2)’’;

and

(ii) in subparagraph (B), by inserting ‘‘or (3), as

applicable’’ after ‘‘paragraph (2)’’; and

(D) in subparagraph (A) of paragraph (7), as so redesignated, by inserting ‘‘or (3)’’ after ‘‘paragraph (2)(B)’’.

(b) RESERVE OFFICERS.—

(1) IN GENERAL.—Section 14107(a) of title 10, United States

Code, is amended—

(A) by redesignating paragraphs (3), (4), (5), and (6)

as paragraphs (4), (5), (6), and (7), respectively; and

(B) by inserting after paragraph (2) the following new

paragraph (3):

‘‘(3) In the case of an eligible officer considered for promotion

to a grade above colonel or, in the case of the Navy, captain,

any credible information of an adverse nature, including any

119 STAT. 3228 PUBLIC LAW 109–163—JAN. 6, 2006

substantiated adverse finding or conclusion from an officially documented investigation or inquiry, shall be furnished to the selection

board in accordance with standards and procedures set out in

the regulations prescribed by the Secretary of Defense pursuant

to paragraph (1).’’.

(2) CONFORMING AMENDMENTS.—Such section is further

amended—

(A) in paragraph (4), as redesignated by paragraph

(1)(A) of this subsection, by striking ‘‘paragraph (2)’’ and

inserting ‘‘paragraphs (2) and (3)’’;

(B) in paragraph (5), as so redesignated, by striking

‘‘and (3)’’ and inserting ‘‘, (3), and (4)’’;

(C) in paragraph (6), as so redesignated—

(i) in the matter preceding subparagraph (A), by

inserting ‘‘, or in paragraph (3),’’ after ‘‘paragraph (2)’’;

and

(ii) in subparagraph (B), by inserting ‘‘or (3), as

applicable’’ after ‘‘paragraph (2)’’; and

(D) in subparagraph (A) of paragraph (7), as so redesignated, by inserting ‘‘or (3)’’ after ‘‘paragraph (2)(B)’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on October 1, 2006, and shall apply with respect

to promotion selection boards convened on or after that date.

SEC. 507. APPLICABILITY OF OFFICER DISTRIBUTION AND STRENGTH

LIMITATIONS TO OFFICERS SERVING IN INTELLIGENCE

COMMUNITY POSITIONS.

(a) IN GENERAL.—Section 528 of title 10, United States Code,

is amended to read as follows:

‘‘§ 528. Exclusion: officers serving in certain intelligence positions

‘‘(a) EXCLUSION OF OFFICER SERVING IN CERTAIN CIA POSITIONS.—When either of the individuals serving in a position specified in subsection (b) is an officer of the armed forces, one of

those officers, while serving in that position, shall be excluded

from the limitations in sections 525 and 526 of this title.

‘‘(b) COVERED POSITIONS.—The positions referred to in this

subsection are the following:

‘‘(1) Director of the Central Intelligence Agency.

‘‘(2) Deputy Director of the Central Intelligence Agency.

‘‘(c) ASSOCIATE DIRECTOR OF CIA FOR MILITARY SUPPORT.—

An officer of the armed forces serving in the position of Associate

Director of the Central Intelligence Agency for Military Support,

while serving in that position, shall be excluded from the limitations

in sections 525 and 526 of this title.

‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.—A general or flag

officer of the armed forces assigned to a position in the Office

of the Director of National Intelligence designated by agreement

between the Secretary of Defense and the Director of National

Intelligence, while serving in that position, shall be excluded from

the limitations in sections 525 and 526 of this title, except that

not more than five such officers may be so excluded at any time.’’.

(b) CLERICAL AMENDMENT.—The item relating to such section

in the table of sections at the beginning of chapter 32 of such

title is amended to read as follows:

‘‘528. Exclusion: officers serving in certain intelligence positions.’’.

10 USC 615 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3229

SEC. 508. GRADES OF THE JUDGE ADVOCATES GENERAL.

(a) JUDGE ADVOCATE GENERAL OF THE ARMY.—Section 3037(a)

of title 10, United States Code, is amended by striking the last

sentence and inserting the following new sentences: ‘‘The Judge

Advocate General, while so serving, shall hold a grade not lower

than major general. An officer appointed as Assistant Judge Advocate General who holds a lower regular grade shall be appointed

in the regular grade of major general.’’.

(b) JUDGE ADVOCATE GENERAL OF THE NAVY.—Section 5148(b)

of such title is amended by striking the last sentence and inserting

the following new sentence: ‘‘The Judge Advocate General, while

so serving, shall hold a grade not lower than rear admiral or

major general, as appropriate.’’.

(c) JUDGE ADVOCATE GENERAL OF THE AIR FORCE.—Section

8037(a) of such title is amended by striking the last sentence

and inserting the following new sentence: ‘‘The Judge Advocate

General, while so serving, shall hold a grade not lower than major

general.’’.

SEC. 509. AUTHORITY TO RETAIN PERMANENT PROFESSORS AT THE

NAVAL ACADEMY BEYOND 30 YEARS OF ACTIVE COMMISSIONED SERVICE.

(a) WAIVER OF MANDATORY RETIREMENT FOR YEARS OF

SERVICE.—

(1) LIEUTENANT COLONELS AND COMMANDERS.—Section 633

of title 10, United States Code, is amended—

(A) by striking ‘‘Except an’’ and all that follows through

‘‘except as provided’’ and inserting ‘‘(a) 28 YEARS OF ACTIVE

COMMISSIONED SERVICE.—Except as provided in subsection

(b) and as provided’’; and

(B) by adding at the end the following:

‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to the following:

‘‘(1) An officer of the Navy or Marine Corps who is an

officer designated for limited duty to whom section 5596(e)

or 6383 of this title applies.

‘‘(2) An officer of the Navy or Marine Corps who is a

permanent professor at the United States Naval Academy.’’.

(2) COLONELS AND NAVY CAPTAINS.—Section 634 of such

title is amended—

(A) by striking ‘‘Except an’’ and all that follows through

‘‘except as provided’’ and inserting ‘‘(a) 30 YEARS OF ACTIVE

COMMISSIONED SERVICE.—Except as provided in subsection

(b) and as provided’’; and

(B) by adding at the end the following:

‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to the following:

‘‘(1) An officer of the Navy who is designated for limited

duty to whom section 6383(a)(4) of this title applies.

‘‘(2) An officer of the Navy or Marine Corps who is a

permanent professor at the United States Naval Academy.’’.

(b) AUTHORITY FOR RETENTION OF PERMANENT PROFESSORS

BEYOND 30 YEARS.—

(1) AUTHORITY.—Chapter 603 of such title is amended by

inserting after section 6969 the following new section:

119 STAT. 3230 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘§ 6970. Permanent professors: retirement for years of

service; authority for deferral

‘‘(a) RETIREMENT FOR YEARS OF SERVICE.—(1) Except as provided in subsection (b), an officer of the Navy or Marine Corps

serving as a permanent professor at the Naval Academy in the

grade of commander or lieutenant colonel who is not on a list

of officers recommended for promotion to the grade of captain

or colonel, as the case may be, shall, if not earlier retired, be

retired on the first day of the month after the month in which

the officer completes 28 years of active commissioned service.

‘‘(2) Except as provided in subsection (b), an officer of the

Navy or Marine Corps serving as a permanent professor at the

Naval Academy in the grade of captain or colonel who is not

on a list of officers recommended for promotion to the grade of

rear admiral (lower half) or brigadier general, as the case may

be, shall, if not earlier retired, be retired on the first day of the

month after the month in which the officer completes 30 years

of active commissioned service.

‘‘(b) CONTINUATION ON ACTIVE DUTY.—(1) An officer subject

to retirement under subsection (a) may have his retirement deferred

and be continued on active duty by the Secretary of the Navy.

‘‘(2) Subject to section 1252 of this title, the Secretary of the

Navy shall determine the period of any continuation on active

duty under this section.

‘‘(c) ELIGIBILITY FOR PROMOTION.—A permanent professor at

the Naval Academy in the grade of commander or lieutenant colonel

who is continued on active duty as a permanent professor under

subsection (b) remains eligible for consideration for promotion to

the grade of captain or colonel, as the case may be.

‘‘(d) RETIRED GRADE AND RETIRED PAY.—Each officer retired

under this section—

‘‘(1) unless otherwise entitled to a higher grade, shall be

retired in the grade determined under section 1370 of this

title; and

‘‘(2) is entitled to retired pay computed under section 6333

of this title.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 6969 the following new item:

‘‘6970. Permanent professors: retirement for years of service; authority for deferral.’’.

(c) MANDATORY RETIREMENT AT AGE 64.—

(1) REORGANIZATION AND STANDARDIZATION.—Chapter 63

of such title is amended by inserting after section 1251 the

following new section:

‘‘§ 1252. Age 64: permanent professors at academies

‘‘(a) MANDATORY RETIREMENT FOR AGE.—Unless retired or separated earlier, each regular commissioned officer of the Army, Navy,

Air Force, or Marine Corps covered by subsection (b) shall be

retired on the first day of the month following the month in which

the officer becomes 64 years of age.

‘‘(b) COVERED OFFICERS.—This section applies to the following

officers:

‘‘(1) An officer who is a permanent professor or the director

of admissions of the United States Military Academy.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3231

‘‘(2) An officer who is a permanent professor at the United

States Naval Academy.

‘‘(3) An officer who is a permanent professor or the registrar

of the United States Air Force Academy.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 1251 the following new item:

‘‘1252. Age 64: permanent professors at academies.’’.

(3) CONFORMING AMENDMENT.—Section 1251(a) of such title

is amended—

(A) in the first sentence, by inserting ‘‘, a permanent

professor at the United States Naval Academy,’’ after ‘‘Air

Force Academy’’; and

(B) by striking the second sentence.

(d) CONFORMING AMENDMENTS RELATING TO COMPUTATION OF

RETIRED PAY.— (1) AGE 64 RETIREMENT.—Chapter 71 of such title is

amended—

(A) in the table in section 1401(a), by inserting at

the bottom of the column under the heading ‘‘For sections’’,

in the entry for Formula Number 5, the following: ‘‘1252’’;

and

(B) in the table in section 1406(b)(1), by inserting at

the bottom of the first column the following: ‘‘1252’’.

(2) YEARS-OF-SERVICE RETIREMENT.—Section 6333(a) of

such title is amended—

(A) in the matter preceding the table, by inserting

‘‘6970 or’’ after ‘‘section’’; and

(B) in the table, by inserting ‘‘6970’’ immediately below

‘‘6325(b)’’ in the column under the heading ‘‘For sections’’,

in the entry for Formula B.

SEC. 510. AUTHORITY FOR DESIGNATION OF A GENERAL/FLAG

OFFICER POSITION ON THE JOINT STAFF TO BE HELD

BY RESERVE COMPONENT GENERAL OR FLAG OFFICER

ON ACTIVE DUTY.

Section 526(b)(2)(A) of title 10, United States Code, is amended

by inserting ‘‘, and a general and flag officer position on the Joint

Staff,’’ after ‘‘combatant commands’’.

Subtitle B—Reserve Component

Management

SEC. 511. SEPARATION AT AGE 64 FOR RESERVE COMPONENT SENIOR

OFFICERS.

Section 14512(a) of title 10, United States Code, is amended—

(1) by inserting ‘‘(1)’’ before ‘‘Unless retired,’’;

(2) by striking ‘‘who is Chief’’ and all that follows through

‘‘of a State,’’ and inserting ‘‘who is specified in paragraph (2)’’;

and

(3) by adding at the end the following new paragraph:

‘‘(2) Paragraph (1) applies to a reserve officer of the Army

or Air Force who is any of the following:

‘‘(A) The Chief of the National Guard Bureau.

119 STAT. 3232 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(B) The Chief of the Army Reserve, Chief of the Air

Force Reserve, Director of the Army National Guard, or Director

of the Air National Guard.

‘‘(C) An adjutant general.

‘‘(D) If a reserve officer of the Army, the commanding

general of the troops of a State.’’.

SEC. 512. MODIFICATION OF STRENGTH-IN-GRADE LIMITATIONS

APPLICABLE TO RESERVE FLAG OFFICERS IN ACTIVE

STATUS.

(a) LINE OFFICERS.—The table in paragraph (1) of section

12004(c) of title 10, United States Code, is amended by striking

‘‘28’’ in the item relating to Line officers and inserting ‘‘33’’.

(b) MEDICAL DEPARTMENT STAFF CORPS OFFICERS.—Such table

is further amended by striking ‘‘9’’ in the item relating to Medical

Department staff corps officers and inserting ‘‘5’’.

(c) SUPPLY CORPS OFFICERS.—Paragraph (2)(A) of such section

is amended by striking ‘‘seven’’ and inserting ‘‘six’’.

(d) CONFORMING AMENDMENT.—Paragraph (1) of such section

is further amended in the matter preceding the table by striking

‘‘39’’ and inserting ‘‘40’’.

SEC. 513. MILITARY TECHNICIANS (DUAL STATUS) MANDATORY SEPARATION.

(a) DEFERRAL OF SEPARATION.—Section 10216 of title 10, United

States Code, is amended by adding at the end the following new

subsection:

‘‘(f) DEFERRAL OF MANDATORY SEPARATION.—The Secretary of

the Army shall implement personnel policies so as to allow a military technician (dual status) who continues to meet the requirements of this section for dual status to continue to serve beyond

a mandatory removal date for officers, and any applicable maximum

years of service limitation, until the military technician (dual status)

reaches age 60 and attains eligibility for an unreduced annuity

(as defined in section 10218(c) of this title).’’.

(b) EFFECTIVE DATE.—The Secretary of the Army shall implement subsection (f) of section 10216 of title 10, United States

Code, as added by subsection (a), not later than 90 days after

the date of the enactment of this Act.

SEC. 514. MILITARY RETIREMENT CREDIT FOR CERTAIN SERVICE BY

NATIONAL GUARD MEMBERS PERFORMED WHILE IN A

STATE DUTY STATUS IMMEDIATELY AFTER THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001.

(a) RETIREMENT CREDIT.—Service of a member of the Ready

Reserve of the Army National Guard or Air National Guard

described in subsection (b) shall be deemed to be service creditable

under section 12732(a)(2)(A)(i) of title 10, United States Code.

(b) COVERED SERVICE.—Service referred to in subsection (a)

is full-time State active duty service that a member of the National

Guard performed on or after September 11, 2001, and before October

1, 2002, in any of the counties specified in subsection (c) to support

a Federal declaration of emergency following the terrorist attacks

on the United States of September 11, 2001.

(c) COVERED COUNTIES.—The counties referred to in subsection

(b) are the following:

(1) In the State of New York: Bronx, Kings, New York

(boroughs of Brooklyn and Manhattan), Queens, Richmond,

10 USC 10216

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3233

Delaware, Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, Sullivan, Ulster, and Westchester.

(2) In the State of Virginia: Arlington.

(d) APPLICABILITY.—Subsection (a) shall take effect as of September 11, 2001.

SEC. 515. REDESIGNATION OF THE NAVAL RESERVE AS THE NAVY

RESERVE.

(a) REDESIGNATION OF RESERVE COMPONENT.— (1) REDESIGNATION.—The reserve component of the Armed

Forces known as the Naval Reserve is redesignated as the

Navy Reserve.

(2) CONFORMING REPEAL.—Section 517 of the Ronald W.

Reagan National Defense Authorization Act for Fiscal Year

2005 (Public Law 108–375; 118 Stat. 1884; 10 U.S.C. 10101

note) is repealed.

(b) CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES

CODE.—

(1) TEXT AMENDMENTS.—Title 10, United States Code, is

amended by striking ‘‘Naval Reserve’’ each place it appears

in the following provisions and inserting ‘‘Navy Reserve’’:

(A) Section 513(a).

(B) Section 516.

(C) Section 526(b)(2)(C)(i).

(D) Section 971(a).

(E) Section 5001(a)(1).

(F) Section 5143.

(G) Section 5596(c).

(H) Section 6323(f).

(I) Section 6327.

(J) Section 6330(b).

(K) Section 6331(a)(2).

(L) Section 6336.

(M) Section 6389.

(N) Section 6911(c)(1).

(O) Section 6913(a).

(P) Section 6915.

(Q) Section 6954(b)(3).

(R) Section 6956(a)(2).

(S) Section 6959.

(T) Section 7225.

(U) Section 7226.

(V) Section 7605(1).

(W) Section 7852.

(X) Section 7853.

(Y) Section 7854.

(Z) Section 10101(3).

(AA) Section 10108.

(BB) Section 10172.

(CC) Section 10301(a)(7).

(DD) Section 10303.

(EE) Section 12004(e)(2).

(FF) Section 12005.

(GG) Section 12010.

(HH) Section 12011(a)(2).

(II) Section 12012(a).

(JJ) Section 12103.

10 USC 10101

note.

Effective date.

119 STAT. 3234 PUBLIC LAW 109–163—JAN. 6, 2006

(KK) Section 12205.

(LL) Section 12207(b)(2).

(MM) Section 12732.

(NN) Section 12774(b) (other than the first place it

appears).

(OO) Section 14002(b).

(PP) Section 14101(a)(1).

(QQ) Section 14107(d).

(RR) Section 14302(a)(1)(A).

(SS) Section 14313(b).

(TT) Section 14501(a).

(UU) Section 14512(b).

(VV) Section 14705(a).

(WW) Section 16201(d)(1)(B)(ii).

(2) SUBSECTION CAPTION AMENDMENTS.—Such title is further amended in sections 971(a) and 5143(a) by striking ‘‘NAVAL

RESERVE’’ and inserting ‘‘NAVY RESERVE’’.

(3) SECTION HEADING AMENDMENTS.—Such title is further

amended as follows:

(A) The heading of section 5143 is amended to read

as follows:

‘‘§ 5143. Office of Navy Reserve: appointment of Chief’’.

(B) The heading of section 6327 is amended to read

as follows:

‘‘§ 6327. Officers and enlisted members of the Navy Reserve

and Marine Corps Reserve: 30 years; 20 years;

retired pay’’.

(C) The heading of section 6389 is amended to read

as follows:

‘‘§ 6389. Navy Reserve and Marine Corps Reserve; officers:

elimination from active status; computation of

total commissioned service’’.

(D) The heading of section 7225 is amended to read

as follows:

‘‘§ 7225. Navy Reserve flag’’.

(E) The heading of section 7226 is amended to read

as follows:

‘‘§ 7226. Navy Reserve yacht pennant’’.

(F) The heading of section 10108 is amended to read

as follows:

‘‘§ 10108. Navy Reserve: administration’’.

(G) The heading of section 10172 is amended to read

as follows:

‘‘§ 10172. Navy Reserve Force’’.

(H) The heading of section 10303 is amended to read

as follows:

‘‘§ 10303. Navy Reserve Policy Board’’.

(I) The heading of section 12010 is amended to read

as follows:

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3235

‘‘§ 12010. Computations for Navy Reserve and Marine Corps

Reserve: rule when fraction occurs in final

result’’.

(J) The heading of section 14306 is amended to read

as follows:

‘‘§ 14306. Establishment of promotion zones: Navy Reserve

and Marine Corps Reserve running mate system’’.

(4) TABLES OF SECTIONS AMENDMENTS.—Such title is further amended as follows:

(A) The item relating to section 5143 in the table

of sections at the beginning of chapter 513 is amended

to read as follows:

‘‘5143. Office of Navy Reserve: appointment of Chief.’’.

(B) The item relating to section 6327 in the table

of sections at the beginning of chapter 571 is amended

to read as follows:

‘‘6327. Officers and enlisted members of the Navy Reserve and Marine Corps Reserve: 30 years; 20 years; retired pay.’’.

(C) The item relating to section 6389 in the table

of sections at the beginning of chapter 573 is amended

to read as follows:

‘‘6389. Navy Reserve and Marine Corps Reserve; officers: elimination from active

status; computation of total commissioned service.’’.

(D) The items relating to sections 7225 and 7226 in

the table of sections at the beginning of chapter 631 are

amended to read as follows:

‘‘7225. Navy Reserve flag.

‘‘7226. Navy Reserve yacht pennant.’’.

(E) The item relating to section 10108 in the table

of sections at the beginning of chapter 1003 is amended

to read as follows:

‘‘10108. Navy Reserve: administration.’’.

(F) The item relating to section 10172 in the table

of sections at the beginning of chapter 1006 is amended

to read as follows:

‘‘10172. Navy Reserve Force.’’.

(G) The item relating to section 10303 in the table

of sections at the beginning of chapter 1009 is amended

to read as follows:

‘‘10303. Navy Reserve Policy Board.’’.

(H) The item relating to section 12010 in the table

of sections at the beginning of chapter 1201 is amended

to read as follows:

‘‘12010. Computations for Navy Reserve and Marine Corps Reserve: rule when fraction occurs in final result.’’.

(I) The item relating to section 14306 in the table

of sections at the beginning of chapter 1405 is amended

to read as follows:

‘‘14306. Establishment of promotion zones: Navy Reserve and Marine Corps Reserve

running mate system.’’.

(c) CONFORMING AMENDMENT TO TITLE 14, UNITED STATES

CODE.—Section 705 of title 14, United States Code, is amended

by striking ‘‘Naval Reserve’’ each place it appears and inserting

‘‘Navy Reserve’’.

(d) CONFORMING AMENDMENTS TO TITLE 37, UNITED STATES

CODE.—

119 STAT. 3236 PUBLIC LAW 109–163—JAN. 6, 2006

(1) TEXT AMENDMENTS.—Title 37, United States Code, is

amended by striking ‘‘Naval Reserve’’ each place it appears

in the following provisions and inserting ‘‘Navy Reserve’’:

(A) Section 101(24)(C).

(B) Section 201(d).

(C) Section 205(a)(2)(I).

(D) Section 301c(d).

(E) Section 319(a).

(F) Section 905.

(2) SUBSECTION CAPTION AMENDMENT.—Section 301c(d) of

such title is further amended by striking ‘‘NAVAL RESERVE’’

and inserting ‘‘NAVY RESERVE’’.

(e) CONFORMING AMENDMENTS TO TITLE 38, UNITED STATES

CODE.—Title 38, United States Code, is amended by striking ‘‘Naval

Reserve’’ each place it appears in the following provisions and

inserting ‘‘Navy Reserve’’:

(1) Section 101(27)(B).

(2) Section 3002(6)(C).

(3) Section 3202(1)(C)(iii).

(4) Section 3452(a)(3)(C).

(f) CONFORMING AMENDMENTS TO OTHER CODIFIED TITLES.—

(1) TITLE 5, UNITED STATES CODE.—Section 2108(1)(B) of

title 5, United States Code, is amended by striking ‘‘Naval

Reserve’’ and inserting ‘‘Navy Reserve’’.

(2) TITLE 18, UNITED STATES CODE.—Section 2387(b) of

title 18, United States Code, is amended by striking ‘‘Naval

Reserve’’ and inserting ‘‘Navy Reserve’’.

(3) TITLE 46, UNITED STATES CODE.—Title 46, United States

Code, is amended as follows:

(A) Sections 8103(g) and 8302(g) are amended by

striking ‘‘Naval Reserve’’ each place it appears and

inserting ‘‘Navy Reserve’’.

(B) The heading of section 8103 is amended to read

as follows:

‘‘§ 8103. Citizenship and Navy Reserve requirements’’.

(C) The table of sections at the beginning of chapter

81 is amended by striking the item relating to section

8103 and inserting the following new item:

‘‘8103. Citizenship and Navy Reserve requirements.’’.

(g) CONFORMING AMENDMENTS TO OTHER LAWS.—

(1) Section 2301(4)(C) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6671(4)(C)) is amended by

striking ‘‘Naval Reserve’’ and inserting ‘‘Navy Reserve’’.

(2) The Merchant Marine Act, 1936 is amended—

(A) by striking ‘‘Naval Reserve’’ each place it appears

in sections 301(b) (46 U.S.C. App. 1131(b)), 1303 (46 U.S.C.

App. 1295b), and 1304 (46 U.S.C. App. 1295c) and inserting

‘‘Navy Reserve’’; and

(B) by striking ‘‘NAVAL RESERVE’’ in sections 1303(c)

and 1304(h) and inserting ‘‘NAVY RESERVE’’:

(3) The Military Selective Service Act is amended—

(A) in section 6(a)(1) (50 U.S.C. App. 456(a)(1)), by

striking ‘‘United States Naval Reserves’’ and inserting

‘‘members of the United States Navy Reserve’’; and

(B) in section 16(i) (50 U.S.C. App. 466(i)), by striking

‘‘Naval Reserve’’ and inserting ‘‘Navy Reserve’’.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3237

(h) OTHER REFERENCES.—Any reference in any law, regulation,

document, record, or other paper of the United States to the Naval

Reserve, other than a reference to the Naval Reserve regarding

the United States Naval Reserve Retired List, shall be considered

to be a reference to the Navy Reserve.10 USC 10101 note.

SEC. 516. CLARIFICATION OF CERTAIN AUTHORITIES RELATING TO

THE COMMISSION ON THE NATIONAL GUARD AND

RESERVES.

(a) NATURE OF COMMISSION.—Subsection (a) of section 513 of

the Ronald W. Reagan National Defense Authorization Act for

Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1880) is amended

by inserting ‘‘in the legislative branch’’ after ‘‘There is established’’.

(b) PAY OF MEMBERS.—Subsection (e)(1) of such section is

amended by striking ‘‘except that’’ and all that follows through

the end and inserting ‘‘except that—

‘‘(A) in applying the first sentence of subsection (a) of

section 957 of such Act to the Commission, ‘may’ shall be

substituted for ‘shall’; and

‘‘(B) in applying subsections (a), (c)(2), and (e) of section

957 of such Act to the Commission, ‘level IV of the Executive

Schedule’ shall be substituted for ‘level V of the Executive

Schedule’.’’.

(c) TECHNICAL AMENDMENT.—Subsection (c)(2)(C) of such section is amended by striking ‘‘section 404(a)(4)’’ and inserting ‘‘section

416(a)(4)’’.

(d) EFFECTIVE DATE.—The amendments made by this section

shall take effect on October 28, 2004, as if included in the enactment

of the Ronald W. Reagan National Defense Authorization Act for

Fiscal Year 2005.

SEC. 517. REPORT ON EMPLOYMENT MATTERS FOR MEMBERS OF THE

RESERVE COMPONENTS.

(a) REQUIREMENT FOR REPORT.—Not later than 270 days after

the date of the enactment of this Act, the Comptroller General

shall submit to Congress a report on problems faced by members

of the reserve components with respect to employment as a result

of being ordered to perform full-time National Guard duty or being

ordered to active duty.

(b) SPECIFIC MATTERS.—In preparing the report under subsection (a), the Comptroller General shall include the following:

(1) TYPE OF EMPLOYERS.—An estimate of the number of

employers of members of the reserve components who are private-sector employers and the number who are public-sector

employers.

(2) SIZE OF EMPLOYERS.—An estimate of the number of

employers of members of the reserve components who employ

fewer than 50 full-time employees.

(3) SELF-EMPLOYED.—An estimate of the number of members of the reserve components who are self-employed.

(4) NATURE OF BUSINESS.—A description of the nature of

the business of employers of members of the reserve components.

(5) REEMPLOYMENT DIFFICULTIES.—A description of difficulties faced by members of the reserve components in gaining

reemployment after having performed full-time National Guard

duty or active duty, including difficulties faced by members

who are disabled as a result of their service.

10 USC 10101

note.

119 STAT. 3238 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 518. DEFENSE SCIENCE BOARD STUDY ON DEPLOYMENT OF MEMBERS OF THE NATIONAL GUARD AND RESERVES IN THE

GLOBAL WAR ON TERRORISM.

(a) STUDY REQUIRED.—The Defense Science Board shall conduct

a study on the length and frequency of the deployment of members

of the National Guard and the Reserves as a result of the global

war on terrorism.

(b) ELEMENTS.—The study required by subsection (a) shall

include the following:

(1) An identification of the current range of lengths and

frequencies of deployments of members of the National Guard

and the Reserves.

(2) An assessment of the consequences for force structure,

morale, and mission capability of deployments of members of

the National Guard and the Reserves in the course of the

global war on terrorism that are lengthy, frequent, or both.

(3) An identification of the optimal length and frequency

of deployments of members of the National Guard and the

Reserves during the global war on terrorism.

(4) An identification of mechanisms to reduce the length,

frequency, or both of deployments of members of the National

Guard and the Reserves during the global war on terrorism.

(c) REPORT.—Not later than May 1, 2006, the Defense Science

Board 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 study required by subsection (a).

The report shall include the results of the study and such recommendations as the Defense Science Board considers appropriate

in light of the study.

SEC. 519. SENSE OF CONGRESS ON CERTAIN MATTERS RELATING TO

THE NATIONAL GUARD AND RESERVES.

It is the sense of Congress—

(1) to recognize the important and integral role played

by members of the Active Guard and Reserve and military

technicians (dual status) in the efforts of the Armed Forces;

and

(2) to urge the Secretary of Defense to promptly resolve

issues relating to appropriate authority for payment of reenlistment bonuses stemming from reenlistment contracts entered

into between January 14, 2005, and April 17, 2005, involving

members of the Army National Guard and military technicians

(dual status).

SEC. 520. PILOT PROGRAM ON ENHANCED QUALITY OF LIFE FOR MEMBERS OF THE ARMY RESERVE AND THEIR FAMILIES.

(a) PILOT PROGRAM REQUIRED.—

(1) IN GENERAL.—The Secretary of the Army shall carry

out a pilot program to assess the feasibility and advisability

of using a coalition of military and civilian community personnel

in order to enhance the quality of life for members of the

Army Reserve and their families.

(2) LOCATIONS.—The Secretary shall carry out the pilot

program in areas of the United States in which members of

the Army Reserve and their families are concentrated. The

Secretary shall select one area in two States for purposes

of the pilot program.

10 USC 10101

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3239

(b) PARTICIPATING PERSONNEL.—A coalition of personnel under

the pilot program shall include—

(1) military personnel; and

(2) appropriate members of the civilian community, such

as clinicians and teachers, who volunteer for participation in

the coalition.

(c) REPORT.—Not later than April 1, 2007, 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 pilot program carried out under this section. The

report shall include—

(1) a description of the pilot program;

(2) an assessment of the benefits of using a coalition of

military and civilian community personnel in order to enhance

the quality of life for members of the Army Reserve and their

families; and

(3) such recommendations for legislative or administrative

action as the Secretary considers appropriate in light of the

pilot program.

Subtitle C—Education and Training

PART I—DEPARTMENT OF DEFENSE SCHOOLS

GENERALLY

SEC. 521. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY AWARD

OF DEGREE OF MASTER OF SCIENCE IN JOINT CAMPAIGN

PLANNING AND STRATEGY.

(a) JOINT FORCES STAFF COLLEGE PROGRAM.—Section 2163 of

title 10, United States Code, is amended to read as follows:

‘‘§ 2163. National Defense University: master of science

degrees

‘‘(a) AUTHORITY TO AWARD SPECIFIED DEGREES.—The President

of the National Defense University, upon the recommendation of

the faculty of the respective college or other school within the

University, may confer the master of science degrees specified in

subsection (b).

‘‘(b) AUTHORIZED DEGREES.—The following degrees may be

awarded under subsection (a):

‘‘(1) MASTER OF SCIENCE IN NATIONAL SECURITY STRATEGY.—

The degree of master of science in national security strategy,

to graduates of the University who fulfill the requirements

of the program of the National War College.

‘‘(2) MASTER OF SCIENCE IN NATIONAL RESOURCE

STRATEGY.—The degree of master of science in national resource

strategy, to graduates of the University who fulfill the requirements of the program of the Industrial College of the Armed

Forces.

‘‘(3) MASTER OF SCIENCE IN JOINT CAMPAIGN PLANNING AND

STRATEGY.—The degree of master of science in joint campaign

planning and strategy, to graduates of the University who

fulfill the requirements of the program of the Joint Advanced

Warfighting School at the Joint Forces Staff College.

119 STAT. 3240 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(c) REGULATIONS.—The authority provided by this section shall

be exercised under regulations prescribed by the Secretary of

Defense.’’.

(b) CLERICAL AMENDMENT.—The item relating to section 2163

in the table of sections at the beginning of chapter 108 of such

title is amended to read as follows:

‘‘2163. National Defense University: master of science degrees.’’.

(c) EFFECTIVE DATE.—Paragraph (3) of section 2163(b) of title

10, United States Code, as amended by subsection (a), shall take

effect for degrees awarded after May 2005.

SEC. 522. AUTHORITY FOR CERTAIN PROFESSIONAL MILITARY EDUCATION SCHOOLS TO RECEIVE FACULTY RESEARCH

GRANTS FOR CERTAIN PURPOSES.

(a) NATIONAL DEFENSE UNIVERSITY.—Section 2165 of title 10,

United States Code, is amended by adding at the end the following

new subsection:

‘‘(e) ACCEPTANCE OF FACULTY RESEARCH GRANTS.—(1) The Secretary of Defense may authorize the President of the National

Defense University to accept qualifying research grants. Any such

grant may only be accepted if the work under the grant is to

be carried out by a professor or instructor of one of the institutions

comprising the University for a scientific, literary, or educational

purpose.

‘‘(2) A qualifying research grant under this subsection is a

grant that is awarded on a competitive basis by an entity referred

to in paragraph (3) for a research project with a scientific, literary,

or educational purpose.

‘‘(3) A grant may be accepted under this subsection only from

a corporation, fund, foundation, educational institution, or similar

entity that is organized and operated primarily for scientific, literary, or educational purposes.

‘‘(4) The Secretary shall establish an account for administering

funds received as research grants under this subsection. The President of the University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms

and condition of the grants received.

‘‘(5) Subject to such limitations as may be provided in appropriations Acts, appropriations available for the National Defense

University may be used to pay expenses incurred by the University

in applying for, and otherwise pursuing, the award of qualifying

research grants.

‘‘(6) The Secretary shall prescribe regulations for the administration of this subsection.’’.

(b) ARMY WAR COLLEGE.—

(1) IN GENERAL.—Chapter 407 of such title is amended

by adding at the end the following new section:

‘‘§ 4417. United States Army War College: acceptance of

grants for faculty research for scientific, literary,

and educational purposes

‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the

Army may authorize the Commandant of the United States Army

War College to accept qualifying research grants. Any such grant

may only be accepted if the work under the grant is to be carried

out by a professor or instructor of the College for a scientific,

literary, or educational purpose.

Regulations.

10 USC 2163

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3241

‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under

this section is a grant that is awarded on a competitive basis

by an entity referred to in subsection (c) for a research project

with a scientific, literary, or educational purpose.

‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A

grant may be accepted under this section only from a corporation,

fund, foundation, educational institution, or similar entity that is

organized and operated primarily for scientific, literary, or educational purposes.

‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall

establish an account for administering funds received as research

grants under this section. The Commandant shall use the funds

in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.

‘‘(e) RELATED EXPENSES.—Subject to such limitations as may

be provided in appropriations Acts, appropriations available for

the Army War College may be used to pay expenses incurred

by the College in applying for, and otherwise pursuing, the award

of qualifying research grants.

‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations

for the administration of this section.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘4417. United States Army War College: acceptance of grants for faculty research

for scientific, literary, and educational purposes.’’.

(c) UNITED STATES NAVAL POSTGRADUATE SCHOOL.—

(1) IN GENERAL.—Chapter 605 of such title is amended

by adding at the end the following new section:

‘‘§ 7050. Grants for faculty research for scientific, literary,

and educational purposes: acceptance; authorized grantees

‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the

Navy may authorize the President of the Naval Postgraduate School

to accept qualifying research grants. Any such grant may only

be accepted if the work under the grant is to be carried out by

a professor or instructor of the School for a scientific, literary,

or educational purpose.

‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under

this section is a grant that is awarded on a competitive basis

by an entity referred to in subsection (c) for a research project

with a scientific, literary, or educational purpose.

‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A

grant may be accepted under this section only from a corporation,

fund, foundation, educational institution, or similar entity that is

organized and operated primarily for scientific, literary, or educational purposes.

‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall

establish an account for administering funds received as research

grants under this section. The President of the Naval Postgraduate

School shall use the funds in the account in accordance with

applicable provisions of the regulations and the terms and condition

of the grants received.

‘‘(e) RELATED EXPENSES.—Subject to such limitations as may

be provided in appropriations Acts, appropriations available for

the Naval Postgraduate School may be used to pay expenses

119 STAT. 3242 PUBLIC LAW 109–163—JAN. 6, 2006

incurred by the School in applying for, and otherwise pursuing,

the award of qualifying research grants.

‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations

for the administration of this section.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘7050. Grants for faculty research for scientific, literary, and educational purposes:

acceptance, authorized grantees.’’.

(d) NAVAL WAR COLLEGE AND MARINE CORPS UNIVERSITY.— (1) IN GENERAL.—Chapter 609 of such title is amended

by adding at the end the following new sections:

‘‘§ 7103. Naval War College: acceptance of grants for faculty

research for scientific, literary, and educational

purposes

‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the

Navy may authorize the President of the Naval War College to

accept qualifying research grants. Any such grant may only be

accepted if the work under the grant is to be carried out by a

professor or instructor of the College for a scientific, literary, or

educational purpose.

‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under

this section is a grant that is awarded on a competitive basis

by an entity referred to in subsection (c) for a research project

with a scientific, literary, or educational purpose.

‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A

grant may be accepted under this section only from a corporation,

fund, foundation, educational institution, or similar entity that is

organized and operated primarily for scientific, literary, or educational purposes.

‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall

establish an account for administering funds received as research

grants under this section. The President of the Naval War College

shall use the funds in the account in accordance with applicable

provisions of the regulations and the terms and condition of the

grants received.

‘‘(e) RELATED EXPENSES.—Subject to such limitations as may

be provided in appropriations Acts, appropriations available for

the Naval War College may be used to pay expenses incurred

by the College in applying for, and otherwise pursuing, the award

of qualifying research grants.

‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations

for the administration of this section.

‘‘§ 7104. Marine Corps University: acceptance of grants for

faculty research for scientific, literary, and educational purposes

‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the

Navy may authorize the President of the Marine Corps University

to accept qualifying research grants. Any such grant may only

be accepted if the work under the grant is to be carried out by

a professor or instructor of one of the institutions comprising the

University for a scientific, literary, or educational purpose.

‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under

this section is a grant that is awarded on a competitive basis

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3243

by an entity referred to in subsection (c) for a research project

with a scientific, literary, or educational purpose.

‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A

grant may be accepted under this section only from a corporation,

fund, foundation, educational institution, or similar entity that is

organized and operated primarily for scientific, literary, or educational purposes.

‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall

establish an account for administering funds received as research

grants under this section. The President of the Marine Corps

University shall use the funds in the account in accordance with

applicable provisions of the regulations and the terms and condition

of the grants received.

‘‘(e) RELATED EXPENSES.—Subject to such limitations as may

be provided in appropriations Acts, appropriations available for

the Marine Corps University may be used to pay expenses incurred

by the University in applying for, and otherwise pursuing, the

award of qualifying research grants.

‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations

for the administration of this section.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new items:

‘‘7103. Naval War College: acceptance of grants for faculty research for scientific,

literary, and educational purposes. ‘‘7104. Marine Corps University: acceptance of grants for faculty research for scientific, literary, and educational purposes.’’.

(e) UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.— Section 9314 of such title is amended by adding at the end the

following new subsection:

‘‘(d) ACCEPTANCE OF RESEARCH GRANTS.—(1) The Secretary

of the Air Force may authorize the Commandant of the United

States Air Force Institute of Technology to accept qualifying

research grants. Any such grant may only be accepted if the work

under the grant is to be carried out by a professor or instructor

of the Institute for a scientific, literary, or educational purpose.

‘‘(2) A qualifying research grant under this subsection is a

grant that is awarded on a competitive basis by an entity referred

to in paragraph (3) for a research project with a scientific, literary,

or educational purpose.

‘‘(3) A grant may be accepted under this subsection only from

a corporation, fund, foundation, educational institution, or similar

entity that is organized and operated primarily for scientific, literary, or educational purposes.

‘‘(4) The Secretary shall establish an account for administering

funds received as research grants under this section. The Commandant of the Institute shall use the funds in the account in

accordance with applicable provisions of the regulations and the

terms and condition of the grants received.

‘‘(5) Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Institute may be used

to pay expenses incurred by the Institute in applying for, and

otherwise pursuing, the award of qualifying research grants.

‘‘(6) The Secretary shall prescribe regulations for the administration of this subsection.’’.

(f) AIR WAR COLLEGE.— (1) IN GENERAL.—Chapter 907 of such title is amended

by adding at the end the following new section:

Regulations.

119 STAT. 3244 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘§ 9417. Air War College: acceptance of grants for faculty

research for scientific, literary, and educational

purposes

‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the

Air Force may authorize the Commandant of the Air War College

to accept qualifying research grants. Any such grant may only

be accepted if the work under the grant is to be carried out by

a professor or instructor of the College for a scientific, literary,

or educational purpose.

‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under

this section is a grant that is awarded on a competitive basis

by an entity referred to in subsection (c) for a research project

with a scientific, literary, or educational purpose.

‘‘(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A

grant may be accepted under this section only from a corporation,

fund, foundation, educational institution, or similar entity that is

organized and operated primarily for scientific, literary, or educational purposes.

‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall

establish an account for administering funds received as research

grants under this section. The Commandant shall use the funds

in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.

‘‘(e) RELATED EXPENSES.—Subject to such limitations as may

be provided in appropriations Acts, appropriations available for

the Air War College may be used to pay expenses incurred by

the College in applying for, and otherwise pursuing, the award

of qualifying research grants.

‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations

for the administration of this section.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘9417. Air War College: acceptance of grants for faculty research for scientific, literary, and educational purposes.’’.

PART II—UNITED STATES NAVAL

POSTGRADUATE SCHOOL

SEC. 523. REVISION TO MISSION OF THE NAVAL POSTGRADUATE

SCHOOL.

(a) INCLUSION OF PROFESSIONAL EDUCATION AND RESEARCH

OPPORTUNITIES.—The text of section 7041 of title 10, United States

Code, is amended to read as follows:

‘‘There is a United States Naval Postgraduate School, the primary function of which is to provide advanced instruction and

professional and technical education and research opportunities

for commissioned officers of the naval service in—

‘‘(1) their practical and theoretical duties;

‘‘(2) the science, physics, and systems engineering of current

and future naval warfare doctrine, operations, and systems;

and

‘‘(3) the integration of naval operations and systems into

joint, combined, and multinational operations.’’.

(b) CONFORMING AMENDMENT.—Section 7042(b)(1) of such title

is amended by striking ‘‘and technical education of students’’ and

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3245

inserting ‘‘and professional and technical education of students and

the provision of research opportunities for students’’.

SEC. 524. MODIFICATION OF ELIGIBILITY FOR POSITION OF PRESIDENT OF THE NAVAL POSTGRADUATE SCHOOL.

Subsection (a) of section 7042 of title 10, United States Code,

is amended to read as follows:

‘‘(a)(1) The President of the Naval Postgraduate School shall

be one of the following:

‘‘(A) An officer of the Navy in a grade not below the grade

of captain who is detailed to such position.

‘‘(B) A civilian individual having qualifications appropriate

to the position of President of the Naval Postgraduate School

who is assigned to such position.

‘‘(2) The President of the Naval Postgraduate School shall be

detailed or assigned to such position by the Secretary of the Navy,

upon the recommendation of the Chief of Naval Operations.

‘‘(3) An individual assigned to the position of President of

the Naval Postgraduate School under paragraph (1)(B) shall serve

in that position for a term of not more than five years and may

be reassigned to that position for an additional term of up to

five years.

‘‘(4) The qualifications appropriate for selection for detail or

assignment to the position of President of the Naval Postgraduate

School include the following:

‘‘(A) A doctorate degree in a field of study relevant to

the mission and function of the Naval Postgraduate School,

in the case of a civilian, or a doctorate or master’s degree

in such a field of study, in the case of an officer of the Navy.

‘‘(B) A comprehensive understanding of the Navy, the

Department of Defense, and joint and combined operations.

‘‘(C) Leadership experience at the senior level in a large

and diverse organization.

‘‘(D) Demonstrated ability to foster and encourage a program of research in order to sustain academic excellence.

‘‘(E) Other qualifications, as determined by the Secretary

of the Navy.’’.

SEC. 525. INCREASED ENROLLMENT FOR ELIGIBLE DEFENSE

INDUSTRY EMPLOYEES IN THE DEFENSE PRODUCT

DEVELOPMENT PROGRAM AT NAVAL POSTGRADUATE

SCHOOL.

Section 7049(a) of title 10, United States Code, is amended—

(1) by inserting ‘‘and systems engineering’’ after ‘‘curriculum related to defense product development’’; and

(2) by striking ‘‘10’’ and inserting ‘‘25’’.

SEC. 526. INSTRUCTION FOR ENLISTED PERSONNEL BY THE NAVAL

POSTGRADUATE SCHOOL.

(a) EXPANDED ELIGIBILITY FOR INSTRUCTION.—Section 7045 of

title 10, United States Code, is amended—

(1) in subsection (a)(2)—

(A) by redesignating subparagraph (C) as subparagraph (D);

(B) by inserting after subparagraph (B) the following

new subparagraph (C):

119 STAT. 3246 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(C) The Secretary may permit an eligible enlisted member

of the Navy or Marine Corps to receive instruction from the Postgraduate School in certificate programs and courses required for

the performance of the member’s duties.’’; and

(C) in subparagraph (D), as so redesignated, by striking

‘‘(A) and (B)’’ and inserting ‘‘(A), (B), and (C)’’; and

(2) in subsection (b)(2), by striking ‘‘(a)(2)(C)’’ and inserting

‘‘(a)(2)(D)’’.

(b) LIMITATION ON DEGREE AWARDS.—Such section is further

amended by adding at the end the following new subsection:

‘‘(d) The Secretary may not award a baccalaureate, masters,

or doctorate degree to an enlisted member based upon instruction

received at the Postgraduate School under subsection (a)(2)(C).’’.

(c) REPORT ON RATIONALE AND PLANS OF THE NAVY TO PROVIDE

ENLISTED MEMBERS AN OPPORTUNITY TO OBTAIN GRADUATE

DEGREES.—The Secretary of the Navy 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

plans, if any, of the Secretary, and the rationale for those plans,

for a program to provide enlisted members of the Navy with

opportunities to pursue graduate degree programs either through

Navy schools or paid for by the Navy in return for an additional

service obligation. The report shall include the following:

(1) The underlying philosophy and objectives supporting

a decision to provide opportunities for graduate degrees to

enlisted members of the Navy.

(2) An overall description of how the award of a graduate

degree to an enlisted member would fit in an integrated,

progressive, coordinated, and systematic way into the goals

and requirements of the Navy for enlisted career development

and for professional education, together with a discussion of

a wider requirement, if any, for programs for the award of

associate and baccalaureate degrees to enlisted members,

particularly in the career fields under consideration for the

pilot program referred to in subsection (d).

(3) A discussion of the scope and details of the plan to

ensure that Navy enlisted members have the requisite academic

baccalaureate degrees as a prerequisite for undertaking graduate-level work.

(4) Identification of the specific enlisted career fields for

which the Secretary has determined that a graduate degree

should be a requirement, as well as the rationale for that

determination.

(5) A description of the concept of the Secretary for the

process and mechanism of providing graduate degrees to

enlisted members, including, at a minimum, the Secretary’s

plan for whether the degree programs would be provided

through civilian or military degree-granting institutions and

whether through in-resident or distance learning or some combination thereof.

(6) A description of the plan to ensure proper and effective

utilization of enlisted members following the award of a graduate degree.

(d) PLAN FOR PILOT PROGRAM.—In addition to the report under

subsection (c), the Secretary of the Navy may submit a plan for

a pilot program to make available opportunities to pursue graduate

degree programs to a limited number of Navy enlisted members

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3247

in a specific, limited set of critical career fields. Such a plan shall

include, as a minimum, the following:

(1) The specific objectives of the pilot program.

(2) An identification of the specific enlisted career fields

from which candidates for the program would be drawn, the

numbers and prerequisite qualifications of initial candidates,

and the process for selecting the enlisted members who would

initially participate.

(3) The process and mechanism for providing the degrees,

described in the same manner as specified under subsection

(c)(5), and a general description of course content.

(4) An analysis of the cost effectiveness of using Navy,

other service, or civilian degree granting institutions in the

program.

(5) The plan for post-graduation utilization of the enlisted

members who obtain graduate degrees under the program.

(6) The criteria and plan for assessing whether the objectives of the program are met.

PART III—RESERVE OFFICERS’ TRAINING

CORPS

SEC. 531. REPEAL OF LIMITATION ON AMOUNT OF FINANCIAL ASSISTANCE UNDER ROTC SCHOLARSHIP PROGRAMS.

(a) GENERAL ROTC PROGRAM.—Section 2107(c) of title 10,

United States Code, is amended—

(1) by striking paragraph (4); and

(2) in paragraph (5)(B), by striking ‘‘, (3), or (4)’’ and

inserting ‘‘or (3)’’.

(b) ARMY RESERVE AND ARMY NATIONAL GUARD PROGRAM.—

Section 2107a(c) of such title is amended by striking paragraph

(3).

(c) EFFECTIVE DATE.—Paragraph (4) of section 2107(c) of title

10, United States Code, and paragraph (3) of section 2107a(c) of

such title, as in effect on the day before the date of the enactment

of this Act, shall continue to apply in the case of any individual

selected before the date of the enactment of this Act for appointment

as a cadet or midshipman under section 2107 or 2107a of such

title.

SEC. 532. INCREASE IN ANNUAL LIMIT ON NUMBER OF ROTC SCHOLARSHIPS UNDER ARMY RESERVE AND NATIONAL GUARD

PROGRAM.

Section 2107a(h) of title 10, United States Code, is amended

by striking ‘‘208’’ and inserting ‘‘416’’.

SEC. 533. PROCEDURES FOR SUSPENDING FINANCIAL ASSISTANCE

AND SUBSISTENCE ALLOWANCE FOR SENIOR ROTC

CADETS AND MIDSHIPMEN ON THE BASIS OF HEALTHRELATED CONDITIONS.

(a) REQUIREMENTS.—Section 2107 of title 10, United States

Code, is amended by adding at the end the following new subsection:

‘‘(j)(1) Payment of financial assistance under this section for,

and payment of a monthly subsistence allowance under section

209 of title 37 to, a cadet or midshipman appointed under this

section may be suspended on the basis of health-related incapacity

10 USC 2107

note.

119 STAT. 3248 PUBLIC LAW 109–163—JAN. 6, 2006

of the cadet or midshipman only in accordance with regulations

prescribed under paragraph (2).

‘‘(2) The Secretary of Defense shall prescribe in regulations

the policies and procedures for suspending payments under paragraph (1). The regulations shall apply uniformly to all of the military

departments. The regulations shall include the following matters:

‘‘(A) The standards of health-related fitness that are to

be applied.

‘‘(B) Requirements for—

‘‘(i) the health-related condition and prognosis of a

cadet or midshipman to be determined, in relation to the

applicable standards prescribed under subparagraph (A),

by a health care professional on the basis of a medical

examination of the cadet or midshipman; and

‘‘(ii) the Secretary concerned to take into consideration

the determinations made under clause (i) with respect to

such condition in deciding whether to suspend payment

in the case of such cadet or midshipman on the basis

of that condition.

‘‘(C) A requirement for the Secretary concerned to transmit

to a cadet or midshipman proposed for suspension under this

subsection a notification of the proposed suspension together

with the determinations made under subparagraph (B)(i) in

the case of the proposed suspension.

‘‘(D) A procedure for a cadet or midshipman proposed for

suspension under this subsection to submit a written response

to the proposal for suspension, including any supporting

information.

‘‘(E) Requirements for—

‘‘(i) one or more health-care professionals to review,

in the case of such a response of a cadet or midshipman,

each health-related condition and prognosis addressed in

the response, taking into consideration the matters submitted in such response; and

‘‘(ii) the Secretary concerned to take into consideration

the determinations made under clause (i) with respect to

such condition in making a final decision regarding whether

to suspend payment in the case of such cadet or midshipman on the basis of that condition, and the conditions

under which such suspension may be lifted.’’.

(b) TIME FOR PROMULGATION OF REGULATIONS.—The Secretary

of Defense shall prescribe the regulations required under subsection

(j) of section 2107 of title 10, United States Code (as added by

subsection (a)), not later than May 1, 2006.

SEC. 534. ELIGIBILITY OF UNITED STATES NATIONALS FOR APPOINTMENT TO THE SENIOR RESERVE OFFICERS’ TRAINING

CORPS.

(a) IN GENERAL.—Section 2107(b)(1) of title 10, United States

Code, is amended by inserting ‘‘or national’’ after ‘‘citizen’’.

(b) ARMY RESERVE OFFICERS TRAINING PROGRAMS.—Section

2107a(b)(1)(A) of such title is amended by inserting ‘‘or national’’

after ‘‘citizen’’.

(c) ELIGIBILITY FOR APPOINTMENT AS COMMISSIONED OFFICERS.—Section 532(f) of such title is amended by inserting ‘‘, or

for a United States national otherwise eligible for appointment

as a cadet or midshipman under section 2107(a) of this title or

10 USC 2107

note.

Regulations.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3249

as a cadet under section 2107a of this title,’’ after ‘‘for permanent

residence’’.

SEC. 535. PROMOTION OF FOREIGN LANGUAGE SKILLS AMONG MEMBERS OF THE RESERVE OFFICERS’ TRAINING CORPS.

(a) IN GENERAL.—The Secretary of Defense shall support the

acquisition of foreign language skills among cadets and midshipmen

in the Reserve Officers’ Training Corps, including through the

development and implementation of—

(1) incentives for cadets and midshipmen to participate

in study of a foreign language, including special emphasis for

Arabic, Chinese, and other ‘‘strategic languages’’, as defined

by the Secretary of Defense in consultation with other relevant

agencies; and

(2) a recruiting strategy to target foreign language

speakers, including members of heritage communities, to

participate in the Reserve Officers’ Training Corps.

(b) REPORT REQUIRED.—Not later than 180 days after the date

of the enactment of this Act, the Secretary shall submit to the

Committee on Armed Services the Senate and the Committee on

Armed Services of the House of Representatives a report on the

actions taken to carry out this section.

SEC. 536. DESIGNATION OF IKE SKELTON EARLY COMMISSIONING PROGRAM SCHOLARSHIPS.

Section 2107a of title 10, United States Code, is amended

by adding at the end the following new subsection:

‘‘(j) Financial assistance provided under this section to a cadet

appointed at a military junior college is designated as, and shall

be known as, an ‘Ike Skelton Early Commissioning Program Scholarship’.’’.

PART IV—OTHER MATTERS

SEC. 537. ENHANCEMENT OF EDUCATIONAL LOAN REPAYMENT

AUTHORITIES.

(a) ADDITIONAL LOANS ELIGIBLE FOR REPAYMENT.—Paragraph

(1) of section 2171(a) of title 10, United States Code, is amended—

(1) in subparagraph (B), by striking ‘‘or’’ at the end;

(2) in subparagraph (C), by striking the period at the

end and inserting ‘‘; or’’; and

(3) by inserting after subparagraph (C) the following new

subparagraph:

‘‘(D) any loan incurred for educational purposes made by

a lender that is—

‘‘(i) an agency or instrumentality of a State;

‘‘(ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State;

‘‘(iii) a pension fund approved by the Secretary for

purposes of this section; or

‘‘(iv) a non-profit private entity designated by a State,

regulated by such State, and approved by the Secretary

for purposes of this section.’’.

(b) ELIGIBILITY OF OFFICERS.—Paragraph (2) of such section

is amended by striking ‘‘an enlisted member in a military specialty’’

and inserting ‘‘a member in an officer program or military specialty’’.

10 USC 2101

note.

119 STAT. 3250 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 538. PAYMENT OF EXPENSES OF MEMBERS OF THE ARMED

FORCES TO OBTAIN PROFESSIONAL CREDENTIALS.

(a) IN GENERAL.—Chapter 101 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 2015. Payment of expenses to obtain professional credentials

‘‘(a) AUTHORITY.—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, may pay for—

‘‘(1) expenses for members of the armed forces to obtain

professional credentials, including expenses for professional

accreditation, State-imposed and professional licenses, and

professional certification; and

‘‘(2) examinations to obtain such credentials.

‘‘(b) LIMITATION.—The authority under subsection (a) may not

be used to pay the expenses of a member to obtain professional

credentials that are a prerequisite for appointment in the armed

forces.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘2015. Payment of expenses to obtain professional credentials.’’.

SEC. 539. USE OF RESERVE MONTGOMERY GI BILL BENEFITS AND

BENEFITS FOR MOBILIZED MEMBERS OF THE SELECTED

RESERVE AND NATIONAL GUARD FOR PAYMENTS FOR

LICENSING OR CERTIFICATION TESTS.

(a) CHAPTER 1606.—Section 16131 of title 10, United States

Code, is amended by adding at the end the following new subsection:

‘‘(j)(1) Subject to paragraph (3), the amount of educational

assistance payable under this chapter for a licensing or certification

test described in section 3452(b) of title 38 is the lesser of $2,000

or the fee charged for the test.

‘‘(2) The number of months of entitlement charged in the case

of any individual for such licensing or certification test is equal

to the number (including any fraction) determined by dividing the

total amount of educational assistance paid such individual for

such test by the full-time monthly institutional rate of educational

assistance which, but for paragraph (1), such individual would

otherwise be paid under subsection (b).

‘‘(3) In no event shall payment of educational assistance under

this subsection for such a test exceed the amount of the individual’s

available entitlement under this chapter.’’.

(b) CHAPTER 1607.—Section 16162 of such title is amended

by adding at the end the following new subsection:

‘‘(e) AVAILABILITY OF ASSISTANCE FOR LICENSING AND CERTIFICATION TESTS.—The provisions of section 16131(j) of this title shall

apply to the provision of educational assistance under this chapter,

except that, in applying such section under this chapter, the reference to subsection (b) in paragraph (2) of such section is deemed

to be a reference to subsection (c) of this section.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to a licensing or certification test administered on or

after the date of the enactment of this Act.

10 USC 16131

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3251

SEC. 540. MODIFICATION OF EDUCATIONAL ASSISTANCE FOR

RESERVES SUPPORTING CONTINGENCY AND OTHER

OPERATIONS.

(a) OFFICIAL RECEIVING ELECTIONS OF BENEFITS.—Section

16163(e) of title 10, United States Code, is amended by striking

‘‘Secretary concerned’’ and inserting ‘‘Secretary of Veterans Affairs’’.

(b) EXCEPTION TO IMMEDIATE TERMINATION OF ASSISTANCE.—

Section 16165 of such title is amended—

(1) by striking ‘‘Educational assistance’’ and inserting ‘‘(a)

IN GENERAL.—Except as provided in subsection (b), educational

assistance’’; and

(2) by adding at the end the following new subsection:

‘‘(b) EXCEPTION.—Under regulations prescribed by the Secretary

of Defense, educational assistance may be provided under this

chapter to a member of the Selected Reserve of the Ready Reserve

who incurs a break in service in the Selected Reserve of not more

than 90 days if the member continues to serve in the Ready Reserve

during and after such break in service.’’.

Subtitle D—General Service Requirements

SEC. 541. GROUND COMBAT AND OTHER EXCLUSION POLICIES.

(a) IN GENERAL.— (1) Chapter 37 of title 10, United States Code, is amended

by inserting after section 651 the following new section:

‘‘§ 652. Notice to Congress of proposed changes in units,

assignments, etc. to which female members may

be assigned

‘‘(a) RULE FOR GROUND COMBAT PERSONNEL POLICY.—(1) If

the Secretary of Defense proposes to make any change described

in paragraph (2)(A) or (2)(B) to the ground combat exclusion policy

or proposes to make a change described in paragraph (2)(C), the

Secretary shall, before any such change is implemented, submit

to Congress a report providing notice of the proposed change. Such

a change may then be implemented only after the end of a period

of 30 days of continuous session of Congress (excluding any day

on which either House of Congress is not in session) following

the date on which the report is received.

‘‘(2) A change referred to in paragraph (1) is a change that—

‘‘(A) closes to female members of the armed forces

any category of unit or position that at that time is open

to service by such members;

‘‘(B) opens to service by female members of the armed

forces any category of unit or position that at that time

is closed to service by such members; or

‘‘(C) opens or closes to the assignment of female members of the armed forces any military career designator

as described in paragraph (6).

‘‘(3) The Secretary shall include in any report under paragraph

(1)—

‘‘(A) a detailed description of, and justification for, the

proposed change; and

‘‘(B) a detailed analysis of legal implication of the proposed change with respect to the constitutionality of the

Effective date.

119 STAT. 3252 PUBLIC LAW 109–163—JAN. 6, 2006

application of the Military Selective Service Act (50 App.

U.S.C. 451 et seq.) to males only.

‘‘(4) In this subsection, the term ‘ground combat exclusion policy’

means the military personnel policies of the Department of Defense

and the military departments, as in effect on October 1, 1994,

by which female members of the armed forces are restricted from

assignment to units and positions below brigade level whose primary mission is to engage in direct combat on the ground.

‘‘(5) For purposes of this subsection, the continuity of a session

of Congress is broken only by an adjournment of the Congress

sine die.

‘‘(6) For purposes of this subsection, a military career designator

is one that is related to military operations on the ground as

of May 18, 2005, and applies—

‘‘(A) for enlisted members and warrant officers, to military

occupational specialties, specialty codes, enlisted designators,

enlisted classification codes, additional skill identifiers, and

special qualification identifiers; and

‘‘(B) for officers (other than warrant officers), to officer

areas of concentration, occupational specialties, specialty codes,

designators, additional skill identifiers, and special qualification

identifiers.

‘‘(b) OTHER PERSONNEL POLICY CHANGES.—(1) Except in a case

covered by section 6035 of this title or by subsection (a), whenever

the Secretary of Defense proposes to make a change to military

personnel policies described in paragraph (2), the Secretary shall,

not less than 30 days before such change is implemented, submit

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice,

in writing, of the proposed change.

‘‘(2) Paragraph (1) applies to a proposed military personnel

policy change, other than a policy change covered by subsection

(a), that would make available to female members of the armed

forces assignment to any of the following that, as of the date

of the proposed change, is closed to such assignment:

‘‘(A) Any type of unit not covered by subsection (a).

‘‘(B) Any class of combat vessel.

‘‘(C) Any type of combat platform.’’.

(2) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 651

the following new item:

‘‘652. Notice to Congress of proposed changes in units, assignments, etc. to which

female members may be assigned.’’.

(b) REPORT ON IMPLEMENTATION OF DEPARTMENT OF DEFENSE

POLICIES WITH REGARD TO THE ASSIGNMENT OF WOMEN.—Not later

than March 31, 2006, 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 of

the Secretary’s review of the current and future implementation

of the policy regarding the assignment of women as articulated

in the Secretary of Defense memorandum, dated January 13, 1994,

and entitled, ‘‘Direct Ground Combat Definition and Assignment

Rule’’. In conducting that review, the Secretary shall closely

examine Army unit modularization efforts, and associated personnel

assignment policies, to ensure their compliance with the Department of Defense policy articulated in the January 1994 memorandum.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3253

(c) CONFORMING REPEAL.—Section 542 of the National Defense

Authorization Act for Fiscal Year 1994 (10 U.S.C. 113 note) is

repealed.

SEC. 542. UNIFORM CITIZENSHIP OR RESIDENCY REQUIREMENTS FOR

ENLISTMENT IN THE ARMED FORCES.

(a) UNIFORM REQUIREMENTS.—Section 504 of title 10, United

States Code, is amended—

(1) by inserting ‘‘(a) INSANITY, DESERTION, FELONS,

ETC.—’’ before ‘‘No person’’; and

(2) by adding at the end the following new subsection:

‘‘(b) CITIZENSHIP OR RESIDENCY.—(1) A person may be enlisted

in any armed force only if the person is one of the following:

‘‘(A) A national of the United States, as defined in section

101(a)(22) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(22)).

‘‘(B) An alien who is lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(20)).

‘‘(C) A person described in section 341 of one of the following

compacts:

‘‘(i) The Compact of Free Association between the Federated States of Micronesia and the United States (section

201(a) of Public Law 108–188 (117 Stat. 2784; 48 U.S.C.

1921 note)).

‘‘(ii) The Compact of Free Association between the

Republic of the Marshall Islands and the United States

(section 201(b) of Public Law 108–188 (117 Stat. 2823;

48 U.S.C. 1921 note)).

‘‘(iii) The Compact of Free Association between Palau

and the United States (section 201 of Public Law 99–

658 (100 Stat. 3678; 48 U.S.C. 1931 note)).

‘‘(2) Notwithstanding paragraph (1), the Secretary concerned

may authorize the enlistment of a person not described in paragraph

(1) if the Secretary determines that such enlistment is vital to

the national interest.’’.

(b) REPEAL OF SUPERSEDED LIMITATIONS FOR THE ARMY AND

AIR FORCE.—

(1) REPEAL.—Sections 3253 and 8253 of such title are

repealed.

(2) CLERICAL AMENDMENTS.—The table of sections at the

beginning of chapter 333 of such title is amended by striking

the item relating to section 3253. The table of sections at

the beginning of chapter 833 of such title is amended by striking

the item relating to section 8253.

SEC. 543. INCREASE IN MAXIMUM AGE FOR ENLISTMENT.

Section 505(a) of title 10, United States Code, is amended

by striking ‘‘thirty-five years of age’’ and inserting ‘‘forty-two years

of age’’.

SEC. 544. INCREASE IN MAXIMUM TERM OF ORIGINAL ENLISTMENT

IN REGULAR COMPONENT.

Section 505(c) of title 10, United States Code, is amended

by striking ‘‘six years’’ and inserting ‘‘eight years’’.

119 STAT. 3254 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 545. NATIONAL CALL TO SERVICE PROGRAM.

(a) LIMITATION TO DOMESTIC NATIONAL SERVICE PROGRAMS.—

Subsection (c)(3)(D) of section 510 of title 10, United States Code,

is amended by striking ‘‘in the Peace Corps, Americorps, or another

national service program’’ and inserting ‘‘in Americorps or another

domestic national service program’’.

(b) EXTENSION OF QUALIFYING SERVICE FOR INITIAL MILITARY

SERVICE UNDER PROGRAM.—Subsection (d) of such title section is

amended by inserting before the period at the end the following:

‘‘and shall include military occupational specialties for enlistments

for officer training and subsequent service as an officer, in cases

in which the reason for the enlistment and entry into an agreement

under subsection (b) is to enter an officer training program’’.

(c) ADMINISTRATION OF EDUCATION INCENTIVES BY SECRETARY

OF VETERANS AFFAIRS.—Paragraph (2) of subsection (h) of such

section is amended to read as follows:

‘‘(2)(A) Educational assistance under paragraphs (3) or (4) of

subsection (e) shall be provided through the Department of Veterans

Affairs under an agreement to be entered into by the Secretary

of Defense and the Secretary of Veterans Affairs. The agreements

shall include administrative procedures to ensure the prompt and

timely transfer of funds from the Secretary concerned to the Secretary of Veterans Affairs for the making of payments under this

section.

‘‘(B) Except as otherwise provided in this section, 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 provisions to this section

to refer to a person eligible for educational assistance under paragraph (3) or (4) of subsection (e).’’.

SEC. 546. REPORTS ON INFORMATION PROVIDED TO POTENTIAL

RECRUITS AND TO NEW ENTRANTS INTO THE ARMED

FORCES ON ‘‘STOP LOSS’’ AUTHORITIES AND INITIAL

PERIOD OF MILITARY SERVICE OBLIGATION.

(a) REPORT ON INFORMATION PROVIDED TO POTENTIAL

RECRUITS.—

(1) IN GENERAL.—Not later than 90 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 report on the actions being taken to ensure

that each individual being recruited for service in the Armed

Forces is provided, before making a formal enlistment in the

Armed Forces, precise and detailed information on the period

or periods of service to which such individual may be obligated

by reason of enlistment in the Armed Forces, including any

revisions to Department of Defense Form 4/1.

(2) ELEMENTS.—The report under paragraph (1) shall

include—

(A) a description of how the Department informs

enlistees in the Armed Forces on—

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3255

(i) the so-called ‘‘stop loss’’ authority and the

manner in which exercise of such authority could affect

the duration of an individual’s service on active duty

in the Armed Forces;

(ii) the authority for the call or order to active

duty of members of the Individual Ready Reserve and

the manner in which such a call or order to active

duty could affect an individual following the completion

of the individual’s expected period of service on active

duty or in the Individual Ready Reserve; and

(iii) any other authorities applicable to the call

or order to active duty of the Reserves, or of the retention of members of the Armed Forces on active duty,

that could affect the period of service of an individual

on active duty or in the Armed Forces; and

(B) such other information as the Secretary considers

appropriate.

(b) REPORT ON INFORMATION PROVIDED TO NEW ENTRANTS AND

OTHER SERVICE MEMBERS.—

(1) IN GENERAL.—Not later than 90 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 report on the actions being taken to ensure

that each individual covered by section 651(a) of title 10, United

States Code, is provided, upon commencing that person’s initial

period of service as a member of the Armed Forces and at

other points during a military career, precise information

regarding the date on which the initial service obligation of

that person under such section ends.

(2) ELEMENTS OF REPORT.—The report under subsection

(a) shall include the following:

(A) A description of how the Department notifies members of the Armed Forces of—

(i) the completion date of their military service

obligation upon entry in the Armed Forces;

(ii) the expiration of their military service obligation; and

(iii) before the expiration of a member’s military

service obligation, the opportunity, if the member is

qualified and serving in the Individual Ready Reserve,

to continue voluntarily in the Ready Reserve or to

transfer to an active component.

(B) A description of the policy and procedures of the

Department of Defense regarding the involuntary recall

or mobilization of members serving in the Individual Ready

Reserve beyond the date of expiration of their military

service obligation.

(C) Such other information as the Secretary considers

appropriate.

119 STAT. 3256 PUBLIC LAW 109–163—JAN. 6, 2006

Subtitle E—Military Justice and Legal

Assistance Matters

SEC. 551. OFFENSE OF STALKING UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

(a) ESTABLISHMENT OF OFFENSE.—

(1) NEW PUNITIVE ARTICLE.—Subchapter X of chapter 47

of title 10, United States Code (the Uniform Code of Military

Justice), is amended by inserting after section 920 (article

120) the following new section:

‘‘§ 920a. Art. 120a. Stalking

‘‘(a) Any person subject to this section—

‘‘(1) who wrongfully engages in a course of conduct directed

at a specific person that would cause a reasonable person

to fear death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family;

‘‘(2) who has knowledge, or should have knowledge, that

the specific person will be placed in reasonable fear of death

or bodily harm, including sexual assault, to himself or herself

or a member of his or her immediate family; and

‘‘(3) whose acts induce reasonable fear in the specific person

of death or bodily harm, including sexual assault, to himself

or herself or to a member of his or her immediate family;

is guilty of stalking and shall be punished as a court-martial may

direct.

‘‘(b) In this section:

‘‘(1) The term ‘course of conduct’ means—

‘‘(A) a repeated maintenance of visual or physical proximity to a specific person; or

‘‘(B) a repeated conveyance of verbal threat, written

threats, or threats implied by conduct, or a combination

of such threats, directed at or toward a specific person.

‘‘(2) The term ‘repeated’, with respect to conduct, means

two or more occasions of such conduct.

‘‘(3) The term ‘immediate family’, in the case of a specific

person, means a spouse, parent, child, or sibling of the person,

or any other family member, relative, or intimate partner of

the person who regularly resides in the household of the person

or who within the six months preceding the commencement

of the course of conduct regularly resided in the household

of the person.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such subchapter is amended by inserting after

the item relating to section 920 the following new item:

‘‘920a. 120a. Stalking.’’.

(b) APPLICABILITY.—Section 920a of title 10, United States Code

(article 120a of the Uniform Code of Military Justice), as added

by subsection (a), applies to offenses committed after the date

that is 180 days after the date of the enactment of this Act.

SEC. 552. RAPE, SEXUAL ASSAULT, AND OTHER SEXUAL MISCONDUCT

UNDER UNIFORM CODE OF MILITARY JUSTICE.

(a) REVISION TO UCMJ.—

Effective date.

10 USC 920a

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3257

(1) IN GENERAL.—Section 920 of title 10, United States

Code (article 120 of the Uniform Code of Military Justice),

is amended to read as follows:

‘‘§ 920. Art. 120. Rape, sexual assault, and other sexual misconduct

‘‘(a) RAPE.—Any person subject to this chapter who causes

another person of any age to engage in a sexual act by—

‘‘(1) using force against that other person;

‘‘(2) causing grievous bodily harm to any person;

‘‘(3) threatening or placing that other person in fear that

any person will be subjected to death, grievous bodily harm,

or kidnaping;

‘‘(4) rendering another person unconscious; or

‘‘(5) administering to another person by force or threat

of force, or without the knowledge or permission of that person,

a drug, intoxicant, or other similar substance and thereby

substantially impairs the ability of that other person to appraise

or control conduct;

is guilty of rape and shall be punished as a court-martial may

direct.

‘‘(b) RAPE OF A CHILD.—Any person subject to this chapter

who—

‘‘(1) engages in a sexual act with a child who has not

attained the age of 12 years; or

‘‘(2) engages in a sexual act under the circumstances

described in subsection (a) with a child who has attained the

age of 12 years;

is guilty of rape of a child and shall be punished as a courtmartial may direct.

‘‘(c) AGGRAVATED SEXUAL ASSAULT.—Any person subject to this

chapter who—

‘‘(1) causes another person of any age to engage in a sexual

act by—

‘‘(A) threatening or placing that other person in fear

(other than by threatening or placing that other person

in fear that any person will be subjected to death, grievous

bodily harm, or kidnapping); or

‘‘(B) causing bodily harm; or

‘‘(2) engages in a sexual act with another person of any

age if that other person is substantially incapacitated or

substantially incapable of—

‘‘(A) appraising the nature of the sexual act;

‘‘(B) declining participation in the sexual act; or

‘‘(C) communicating unwillingness to engage in the

sexual act;

is guilty of aggravated sexual assault and shall be punished as

a court-martial may direct.

‘‘(d) AGGRAVATED SEXUAL ASSAULT OF A CHILD.—Any person

subject to this chapter who engages in a sexual act with a child

who has attained the age of 12 years is guilty of aggravated sexual

assault of a child and shall be punished as a court-martial may

direct.

‘‘(e) AGGRAVATED SEXUAL CONTACT.—Any person subject to this

chapter who engages in or causes sexual contact with or by another

person, if to do so would violate subsection (a) (rape) had the

119 STAT. 3258 PUBLIC LAW 109–163—JAN. 6, 2006

sexual contact been a sexual act, is guilty of aggravated sexual

contact and shall be punished as a court-martial may direct.

‘‘(f) AGGRAVATED SEXUAL ABUSE OF A CHILD.—Any person subject to this chapter who engages in a lewd act with a child is

guilty of aggravated sexual abuse of a child and shall be punished

as a court-martial may direct.

‘‘(g) AGGRAVATED SEXUAL CONTACT WITH A CHILD.—Any person

subject to this chapter who engages in or causes sexual contact

with or by another person, if to do so would violate subsection

(b) (rape of a child) had the sexual contact been a sexual act,

is guilty of aggravated sexual contact with a child and shall be

punished as a court-martial may direct.

‘‘(h) ABUSIVE SEXUAL CONTACT.—Any person subject to this

chapter who engages in or causes sexual contact with or by another

person, if to do so would violate subsection (c) (aggravated sexual

assault) had the sexual contact been a sexual act, is guilty of

abusive sexual contact and shall be punished as a court-martial

may direct.

‘‘(i) ABUSIVE SEXUAL CONTACT WITH A CHILD.—Any person

subject to this chapter who engages in or causes sexual contact

with or by another person, if to do so would violate subsection

(d) (aggravated sexual assault of a child) had the sexual contact

been a sexual act, is guilty of abusive sexual contact with a child

and shall be punished as a court-martial may direct.

‘‘(j) INDECENT LIBERTY WITH A CHILD.—Any person subject

to this chapter who engages in indecent liberty in the physical

presence of a child—

‘‘(1) with the intent to arouse, appeal to, or gratify the

sexual desire of any person; or

‘‘(2) with the intent to abuse, humiliate, or degrade any

person;

is guilty of indecent liberty with a child and shall be punished

as a court-martial may direct.

‘‘(k) INDECENT ACT.—Any person subject to this chapter who

engages in indecent conduct is guilty of an indecent act and shall

be punished as a court-martial may direct.

‘‘(l) FORCIBLE PANDERING.—Any person subject to this chapter

who compels another person to engage in an act of prostitution

with another person to be directed to said person is guilty of

forcible pandering and shall be punished as a court-martial may

direct.

‘‘(m) WRONGFUL SEXUAL CONTACT.—Any person subject to this

chapter who, without legal justification or lawful authorization,

engages in sexual contact with another person without that other

person’s permission is guilty of wrongful sexual contact and shall

be punished as a court-martial may direct.

‘‘(n) INDECENT EXPOSURE.—Any person subject to this chapter

who intentionally exposes, in an indecent manner, in any place

where the conduct involved may reasonably be expected to be viewed

by people other than members of the actor’s family or household,

the genitalia, anus, buttocks, or female areola or nipple is guilty

of indecent exposure and shall by punished as a court-martial

may direct.

‘‘(o) AGE OF CHILD.—

‘‘(1) TWELVE YEARS.—In a prosecution under subsection

(b) (rape of a child), subsection (g) (aggravated sexual contact

with a child), or subsection (j) (indecent liberty with a child),

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3259

it need not be proven that the accused knew that the other

person engaging in the sexual act, contact, or liberty had not

attained the age of 12 years. It is not an affirmative defense

that the accused reasonably believed that the child had attained

the age of 12 years.

‘‘(2) SIXTEEN YEARS.—In a prosecution under subsection

(d) (aggravated sexual assault of a child), subsection (f) (aggravated sexual abuse of a child), subsection (i) (abusive sexual

contact with a child), or subsection (j) (indecent liberty with

a child), it need not be proven that the accused knew that

the other person engaging in the sexual act, contact, or liberty

had not attained the age of 16 years. Unlike in paragraph

(1), however, it is an affirmative defense that the accused

reasonably believed that the child had attained the age of

16 years.

‘‘(p) PROOF OF THREAT.—In a prosecution under this section,

in proving that the accused made a threat, it need not be proven

that the accused actually intended to carry out the threat.

‘‘(q) MARRIAGE.—

‘‘(1) IN GENERAL.—In a prosecution under paragraph (2)

of subsection (c) (aggravated sexual assault), or under subsection (d) (aggravated sexual assault of a child), subsection

(f) (aggravated sexual abuse of a child), subsection (i) (abusive

sexual contact with a child), subsection (j) (indecent liberty

with a child), subsection (m) (wrongful sexual contact), or subsection (n) (indecent exposure), it is an affirmative defense

that the accused and the other person when they engaged

in the sexual act, sexual contact, or sexual conduct are married

to each other.

‘‘(2) DEFINITION.—For purposes of this subsection, a marriage is a relationship, recognized by the laws of a competent

State or foreign jurisdiction, between the accused and the other

person as spouses. A marriage exists until it is dissolved in

accordance with the laws of a competent State or foreign jurisdiction.

‘‘(3) EXCEPTION.—Paragraph (1) shall not apply if the

accused’s intent at the time of the sexual conduct is to abuse,

humiliate, or degrade any person.

‘‘(r) CONSENT AND MISTAKE OF FACT AS TO CONSENT.—Lack

of permission is an element of the offense in subsection (m) (wrongful sexual contact). Consent and mistake of fact as to consent

are not an issue, or an affirmative defense, in a prosecution under

any other subsection, except they are an affirmative defense for

the sexual conduct in issue in a prosecution under subsection (a)

(rape), subsection (c) (aggravated sexual assault), subsection (e)

(aggravated sexual contact), and subsection (h) (abusive sexual contact).

‘‘(s) OTHER AFFIRMATIVE DEFENSES NOT PRECLUDED.—The

enumeration in this section of some affirmative defenses shall not

be construed as excluding the existence of others.

‘‘(t) DEFINITIONS.—In this section:

‘‘(1) SEXUAL ACT.—The term ‘sexual act’ means—

‘‘(A) contact between the penis and the vulva, and

for purposes of this subparagraph contact involving the

penis occurs upon penetration, however slight; or

‘‘(B) the penetration, however slight, of the genital

opening of another by a hand or finger or by any object,

119 STAT. 3260 PUBLIC LAW 109–163—JAN. 6, 2006

with an intent to abuse, humiliate, harass, or degrade

any person or to arouse or gratify the sexual desire of

any person.

‘‘(2) SEXUAL CONTACT.—The term ‘sexual contact’ means

the intentional touching, either directly or through the clothing,

of the genitalia, anus, groin, breast, inner thigh, or buttocks

of another person, or intentionally causing another person to

touch, either directly or through the clothing, the genitalia,

anus, groin, breast, inner thigh, or buttocks of any person,

with an intent to abuse, humiliate, or degrade any person

or to arouse or gratify the sexual desire of any person.

‘‘(3) GRIEVOUS BODILY HARM.—The term ‘grievous bodily

harm’ means serious bodily injury. It includes fractured or

dislocated bones, deep cuts, torn members of the body, serious

damage to internal organs, and other severe bodily injuries.

It does not include minor injuries such as a black eye or

a bloody nose. It is the same level of injury as in section

928 (article 128) of this chapter, and a lesser degree of injury

than in section 2246(4) of title 18.

‘‘(4) DANGEROUS WEAPON OR OBJECT.—The term ‘dangerous

weapon or object’ means—

‘‘(A) any firearm, loaded or not, and whether operable

or not;

‘‘(B) any other weapon, device, instrument, material,

or substance, whether animate or inanimate, that in the

manner it is used, or is intended to be used, is known

to be capable of producing death or grievous bodily harm;

or

‘‘(C) any object fashioned or utilized in such a manner

as to lead the victim under the circumstances to reasonably

believe it to be capable of producing death or grievous

bodily harm.

‘‘(5) FORCE.—The term ‘force’ means action to compel

submission of another or to overcome or prevent another’s

resistance by—

‘‘(A) the use or display of a dangerous weapon or object;

‘‘(B) the suggestion of possession of a dangerous weapon

or object that is used in a manner to cause another to

believe it is a dangerous weapon or object; or

‘‘(C) physical violence, strength, power, or restraint

applied to another person, sufficient that the other person

could not avoid or escape the sexual conduct.

‘‘(6) THREATENING OR PLACING THAT OTHER PERSON IN

FEAR.—The term ‘threatening or placing that other person in

fear’ under paragraph (3) of subsection (a) (rape), or under

subsection (e) (aggravated sexual contact), means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or

another person being subjected to death, grievous bodily harm,

or kidnapping.

‘‘(7) THREATENING OR PLACING THAT OTHER PERSON IN

FEAR.—

‘‘(A) IN GENERAL.—The term ‘threatening or placing

that other person in fear’ under paragraph (1)(A) of subsection (c) (aggravated sexual assault), or under subsection

(h) (abusive sexual contact), means a communication or

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3261

action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim

or another being subjected to a lesser degree of harm

than death, grievous bodily harm, or kidnapping.

‘‘(B) INCLUSIONS.—Such lesser degree of harm

includes—

‘‘(i) physical injury to another person or to another

person’s property; or

‘‘(ii) a threat—

‘‘(I) to accuse any person of a crime;

‘‘(II) to expose a secret or publicize an asserted

fact, whether true or false, tending to subject some

person to hatred, contempt or ridicule; or

‘‘(III) through the use or abuse of military

position, rank, or authority, to affect or threaten

to affect, either positively or negatively, the military career of some person.

‘‘(8) BODILY HARM.—The term ‘bodily harm’ means any

offensive touching of another, however slight.

‘‘(9) CHILD.—The term ‘child’ means any person who has

not attained the age of 16 years.

‘‘(10) LEWD ACT.—The term ‘lewd act’ means—

‘‘(A) the intentional touching, not through the clothing,

of the genitalia of another person, with an intent to abuse,

humiliate, or degrade any person, or to arouse or gratify

the sexual desire of any person; or

‘‘(B) intentionally causing another person to touch, not

through the clothing, the genitalia of any person with an

intent to abuse, humiliate or degrade any person, or to

arouse or gratify the sexual desire of any person.

‘‘(11) INDECENT LIBERTY.—The term ‘indecent liberty’

means indecent conduct, but physical contact is not required.

It includes one who with the requisite intent exposes one’s

genitalia, anus, buttocks, or female areola or nipple to a child.

An indecent liberty may consist of communication of indecent

language as long as the communication is made in the physical

presence of the child. If words designed to excite sexual desire

are spoken to a child, or a child is exposed to or involved

in sexual conduct, it is an indecent liberty; the child’s consent

is not relevant.

‘‘(12) INDECENT CONDUCT.—The term ‘indecent conduct’

means that form of immorality relating to sexual impurity

which is grossly vulgar, obscene, and repugnant to common

propriety, and tends to excite sexual desire or deprave morals

with respect to sexual relations. Indecent conduct includes

observing, or making a videotape, photograph, motion picture,

print, negative, slide, or other mechanically, electronically, or

chemically reproduced visual material, without another person’s

consent, and contrary to that other person’s reasonable expectation of privacy, of—

‘‘(A) that other person’s genitalia, anus, or buttocks,

or (if that other person is female) that person’s areola

or nipple; or

‘‘(B) that other person while that other person is

engaged in a sexual act, sodomy (under section 925 (article

125)), or sexual contact.

119 STAT. 3262 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(13) ACT OF PROSTITUTION.—The term ‘act of prostitution’

means a sexual act, sexual contact, or lewd act for the purpose

of receiving money or other compensation.

‘‘(14) CONSENT.—The term ‘consent’ means words or overt

acts indicating a freely given agreement to the sexual conduct

at issue by a competent person. An expression of lack of consent

through words or conduct means there is no consent. Lack

of verbal or physical resistance or submission resulting from

the accused’s use of force, threat of force, or placing another

person in fear does not constitute consent. A current or previous

dating relationship by itself or the manner of dress of the

person involved with the accused in the sexual conduct at

issue shall not constitute consent. A person cannot consent

to sexual activity if—

‘‘(A) under 16 years of age; or

‘‘(B) substantially incapable of—

‘‘(i) appraising the nature of the sexual conduct

at issue due to—

‘‘(I) mental impairment or unconsciousness

resulting from consumption of alcohol, drugs, a

similar substance, or otherwise; or

‘‘(II) mental disease or defect which renders

the person unable to understand the nature of

the sexual conduct at issue;

‘‘(ii) physically declining participation in the sexual

conduct at issue; or

‘‘(iii) physically communicating unwillingness to

engage in the sexual conduct at issue.

‘‘(15) MISTAKE OF FACT AS TO CONSENT.—The term ‘mistake

of fact as to consent’ means the accused held, as a result

of ignorance or mistake, an incorrect belief that the other

person engaging in the sexual conduct consented. The ignorance

or mistake must have existed in the mind of the accused

and must have been reasonable under all the circumstances.

To be reasonable the ignorance or mistake must have been

based on information, or lack of it, which would indicate to

a reasonable person that the other person consented. Additionally, the ignorance or mistake cannot be based on the negligent

failure to discover the true facts. Negligence is the absence

of due care. Due care is what a reasonably careful person

would do under the same or similar circumstances. The

accused’s state of intoxication, if any, at the time of the offense

is not relevant to mistake of fact. A mistaken belief that the

other person consented must be that which a reasonably careful,

ordinary, prudent, sober adult would have had under the circumstances at the time of the offense.

‘‘(16) AFFIRMATIVE DEFENSE.—The term ‘affirmative

defense’ means any special defense which, although not denying

that the accused committed the objective acts constituting the

offense charged, denies, wholly, or partially, criminal responsibility for those acts. The accused has the burden of proving

the affirmative defense by a preponderance of evidence. After

the defense meets this burden, the prosecution shall have the

burden of proving beyond a reasonable doubt that the affirmative defense did not exist.’’.

(2) CLERICAL AMENDMENT.—The item relating to section

920 (article 120) in the table of sections at the beginning

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3263

of subchapter X of chapter 47 of title 10, United States Code

(the Uniform Code of Military Justice), is amended to read

as follows:

‘‘920. 120. Rape, sexual assault, and other sexual misconduct.’’.

(b) INTERIM MAXIMUM PUNISHMENTS.—Until the President

otherwise provides pursuant to section 856 of title 10, United States

Code (article 56 of the Uniform Code of Military Justice), the

punishment which a court-martial may direct for an offense under

section 920 of such title (article 120 of the Uniform Code of Military

Justice), as amended by subsection (a), may not exceed the following

limits:

(1) SUBSECTIONS (a) AND (b).—For an offense under subsection (a) (rape) or subsection (b) (rape of a child), death

or such other punishment as a court-martial may direct.

(2) SUBSECTION (c).—For an offense under subsection (c)

(aggravated sexual assault), dishonorable discharge, forfeiture

of all pay and allowances, and confinement for 30 years.

(3) SUBSECTIONS (d) AND (e).—For an offense under subsection (d) (aggravated sexual assault of a child) or subsection

(e) (aggravated sexual contact), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.

(4) SUBSECTIONS (f) AND (g).—For an offense under subsection (f) (aggravated sexual abuse of a child) or subsection

(g) (aggravated sexual contact with a child), dishonorable discharge, forfeiture of all pay and allowances, and confinement

for 15 years.

(5) SUBSECTIONS (h) THROUGH (j).—For an offense under

subsection (h) (abusive sexual contact), subsection (i) (abusive

sexual contact with a child), or subsection (j) (indecent liberty

with a child), dishonorable discharge, forfeiture of all pay and

allowances, and confinement for 7 years.

(6) SUBSECTIONS (k) AND (l).—For an offense under subsection (k) (indecent act) or subsection (l) (forcible pandering),

dishonorable discharge, forfeiture of all pay and allowances,

and confinement for 5 years.

(7) SUBSECTIONS (m) AND (n).—For an offense under subsection (m) (wrongful sexual contact) or subsection (n) (indecent

exposure), dishonorable discharge, forfeiture of all pay and

allowances, and confinement for one year.

(c) APPLICABILITY.—Section 920 of title 10, United States Code

(article 120 of the Uniform Code of Military Justice), as amended

by subsection (a), shall apply with respect to offenses committed

on or after the effective date specified in subsection (f).

(d) AGGRAVATING FACTORS FOR OFFENSE OF MURDER.—Section

918 of title 10, United States Code (article 118 of the Uniform

Code of Military Justice), is amended in paragraph (4) by striking

‘‘rape,’’ and inserting ‘‘rape, rape of a child, aggravated sexual

assault, aggravated sexual assault of a child, aggravated sexual

contact, aggravated sexual abuse of a child, aggravated sexual

contact with a child,’’.

(e) STATUTE OF LIMITATIONS.—Section 843(a) of title 10, United

States Code (article 843(a) of the Uniform Code of Military Justice),

as amended by section 553(a), is amended by striking ‘‘or rape,’’

and inserting ‘‘, rape, or rape of a child,’’.

(f) EFFECTIVE DATE.—The amendments made by this section

shall take effect on October 1, 2007.

10 USC 843 note.

10 USC 920 note.

10 USC 920 note.

119 STAT. 3264 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 553. EXTENSION OF STATUTE OF LIMITATIONS FOR MURDER,

RAPE, AND CHILD ABUSE OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

(a) NO LIMITATION FOR MURDER OR RAPE.—Subsection (a) of

section 843 of title 10, United States Code (article 43 of the Uniform

Code of Military Justice), is amended by striking ‘‘or with any

offense punishable by death’’ and inserting ‘‘with murder or rape,

or with any other offense punishable by death’’.

(b) SPECIAL RULES FOR CHILD ABUSE OFFENSES.—Subsection

(b)(2) of such section (article) is amended—

(1) in subparagraph (A), by striking ‘‘before the child attains

the age of 25 years’’ and inserting ‘‘during the life of the

child or within five years after the date on which the offense

was committed, whichever provides a longer period,’’;

(2) in subparagraph (B)—

(A) in the matter preceding clause (i), by striking

‘‘sexual or physical’’;

(B) in clause (i), by striking ‘‘Rape or carnal knowledge’’

and inserting ‘‘Any offense’’; and

(C) in clause (v), by striking ‘‘Indecent assault,’’ and

inserting ‘‘Kidnaping; indecent assault;’’; and

(3) by adding at the end the following new subparagraph:

‘‘(C) In subparagraph (A), the term ‘child abuse offense’ includes

an act that involves abuse of a person who has not attained the

age of 18 years and would constitute an offense under chapter

110 or 117, or under section 1591, of title 18.’’.

SEC. 554. REPORTS BY OFFICERS AND SENIOR ENLISTED MEMBERS

OF CONVICTION OF CRIMINAL LAW.

(a) REQUIREMENT FOR REPORTS.—

(1) IN GENERAL.—The Secretary of Defense shall prescribe

in regulations a requirement that each covered member of

the Armed Forces shall submit to an authority in the military

department concerned designated pursuant to such regulations

a timely report of any conviction of such member by any law

enforcement authority of the United States for a violation of

a criminal law of the United States, whether or not the member

is on active duty at the time of the conduct that provides

the basis for the conviction. The regulations shall apply uniformly throughout the military departments.

(2) COVERED MEMBERS.—In this section, the term ‘‘covered

member of the Armed Forces’’ means a member of the Army,

Navy, Air Force, or Marine Corps who is on the active-duty

list or the reserve active-status list and who is—

(A) an officer; or

(B) an enlisted member in a pay grade above pay

grade E–6.

(b) LAW ENFORCEMENT AUTHORITY OF THE UNITED STATES.—

For purposes of this section, a law enforcement authority of the

United States includes—

(1) a military or other Federal law enforcement authority;

(2) a State or local law enforcement authority; and

(3) such other law enforcement authorities within the

United States as the Secretary shall specify in the regulations

prescribed pursuant to subsection (a).

(c) CRIMINAL LAW OF THE UNITED STATES.—

Regulations.

10 USC 113 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3265

(1) IN GENERAL.—Except as provided in paragraph (2), for

purposes of this section, a criminal law of the United States

includes—

(A) any military or other Federal criminal law;

(B) any State, county, municipal, or local criminal law

or ordinance; and

(C) such other criminal laws and ordinances of jurisdictions within the United States as the Secretary shall specify

in the regulations prescribed pursuant to subsection (a).

(2) EXCEPTION.—For purposes of this section, a criminal

law of the United States shall not include a law or ordinance

specifying a minor traffic offense (as determined by the Secretary for purposes of such regulations).

(d) TIMELINESS OF REPORTS.—The regulations prescribed pursuant to subsection (a) shall establish requirements for the timeliness

of reports under this section.

(e) FORWARDING OF INFORMATION.—The regulations prescribed

pursuant to subsection (a) shall provide that, in the event a military

department receives information that a covered member of the

Armed Forces under the jurisdiction of another military department

has become subject to a conviction for which a report is required

by this section, the Secretary of the military department receiving

such information shall, in accordance with such procedures as the

Secretary of Defense shall establish in such regulations, forward

such information to the authority in the military department having

jurisdiction over such member designated pursuant to such regulations.

(f) CONVICTIONS.—In this section, the term ‘‘conviction’’ includes

any plea of guilty or nolo contendere.

(g) DEADLINE FOR REGULATIONS.—The regulations required by

subsection (a), including the requirement in subsection (e), shall

go into effect not later than the end of the 180-day period beginning

on the date of the enactment of this Act.

(h) APPLICABILITY OF REQUIREMENT.—The requirement under

the regulations required by subsection (a) that a covered member

of the Armed Forces submit notice of a conviction shall apply

only to a conviction that becomes final after the date of the enactment of this Act.

SEC. 555. CLARIFICATION OF AUTHORITY OF MILITARY LEGAL ASSISTANCE COUNSEL TO PROVIDE MILITARY LEGAL ASSISTANCE WITHOUT REGARD TO LICENSING REQUIREMENTS.

Section 1044 of title 10, United States Code, is amended—

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following new subsection (d):

‘‘(d)(1) Notwithstanding any law regarding the licensure of

attorneys, a judge advocate or civilian attorney who is authorized

to provide military legal assistance is authorized to provide that

assistance in any jurisdiction, subject to such regulations as may

be prescribed by the Secretary concerned.

‘‘(2) Military legal assistance may be provided only by a judge

advocate or a civilian attorney who is a member of the bar of

a Federal court or of the highest court of a State.

‘‘(3) In this subsection, the term ‘military legal assistance’

includes—

‘‘(A) legal assistance provided under this section; and

Effective date.

119 STAT. 3266 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(B) legal assistance contemplated by sections 1044a,

1044b, 1044c, and 1044d of this title.’’.

SEC. 556. USE OF TELECONFERENCING IN ADMINISTRATIVE SESSIONS

OF COURTS-MARTIAL.

Section 839 of title 10, United States Code (article 39 of the

Uniform Code of Military Justice), is amended—

(1) by redesignating subsection (b) as subsection (c);

(2) by designating the matter following paragraph (4) of

subsection (a) as subsection (b); and

(3) in subsection (b), as so redesignated—

(A) by striking ‘‘These proceedings shall be conducted’’

and inserting ‘‘Proceedings under subsection (a) shall be

conducted’’; and

(B) by adding at the end the following new sentence:

‘‘If authorized by regulations of the Secretary concerned,

and if at least one defense counsel is physically in the

presence of the accused, the presence required by this

subsection may otherwise be established by audiovisual

technology (such as videoteleconferencing technology).’’.

SEC. 557. SENSE OF CONGRESS ON APPLICABILITY OF UNIFORM CODE

OF MILITARY JUSTICE TO RESERVES ON INACTIVE-DUTY

TRAINING OVERSEAS.

It is the sense of Congress that—

(1) there should be no ambiguity about the applicability

of the Uniform Code of Military Justice to members of the

reserve components of the Armed Forces while such members

are serving overseas under inactive-duty training orders for

any period of time under such orders; and

(2) the Secretary of Defense should—

(A) take action, not later than February 1, 2006, to

clarify jurisdictional issues relating to such applicability

under section 802 of title 10, United States Code (article

2 of the Uniform Code of Military Justice); and

(B) if necessary, submit to Congress a proposal for

legislative action to ensure the applicability of the Uniform

Code of Military Justice to such members.

Subtitle F—Matters Relating to Casualties

SEC. 561. AUTHORITY FOR MEMBERS ON ACTIVE DUTY WITH DISABILITIES TO PARTICIPATE IN PARALYMPIC GAMES.

Section 717(a) of title 10, United States Code, is amended

by striking ‘‘participate in—’’ and all that follows through ‘‘(2)

any other’’ and inserting ‘‘participate in any of the following sports

competitions:

‘‘(1) The Pan-American Games and the Olympic Games,

and qualifying events and preparatory competition for those

games.

‘‘(2) The Paralympic Games, if eligible to participate in

those games, and qualifying events and preparatory competition

for those games.

‘‘(3) Any other’’.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3267

SEC. 562. POLICY AND PROCEDURES ON CASUALTY ASSISTANCE TO

SURVIVORS OF MILITARY DECEDENTS.

(a) COMPREHENSIVE POLICY ON CASUALTY ASSISTANCE.— (1) POLICY REQUIRED.—Not later than August 1, 2006, the

Secretary of Defense shall prescribe a comprehensive policy

for the Department of Defense on the provision of casualty

assistance to survivors and next of kin of members of the

Armed Forces who die during military service (in this section

referred to as ‘‘military decedents’’).

(2) CONSULTATION.—The Secretary shall develop the policy

under paragraph (1) in consultation with the Secretaries of

the military departments, the Secretary of Veterans Affairs,

and the Secretary of Homeland Security with respect to the

Coast Guard.

(3) INCORPORATION OF PAST EXPERIENCE AND PRACTICE.— The policy developed under paragraph (1) shall be based on—

(A) the experience and best practices of the military

departments;

(B) the recommendations of nongovernment organizations with demonstrated expertise in responding to the

needs of survivors of military decedents; and

(C) such other matters as the Secretary of Defense

considers appropriate.

(4) PROCEDURES.—The policy shall include procedures to

be followed by the military departments in the provision of

casualty assistance to survivors and next of kin of military

decedents. The procedures shall be uniform across the military

departments except to the extent necessary to reflect the traditional practices or customs of a particular military department.

(b) ELEMENTS OF POLICY.—The comprehensive policy developed

under subsection (a) shall address the following matters:

(1) The initial notification of primary and secondary next

of kin of the deaths of military decedents and any subsequent

notifications of next of kin warranted by circumstances.

(2) The transportation and disposition of remains of military decedents, including notification of survivors of the

performance of autopsies.

(3) The qualifications, assignment, training, duties, supervision, and accountability for the performance of casualty assistance responsibilities.

(4) The relief or transfer of casualty assistance officers,

including notification to survivors and next of kin of the

reassignment of such officers to other duties.

(5) Centralized, short-term and long-term case-management procedures for casualty assistance by each military

department, including rapid access by survivors of military

decedents and casualty assistance officers to expert case managers and counselors.

(6) The provision, through a computer accessible Internet

website and other means and at no cost to survivors of military

decedents, of personalized, integrated information on the benefits and financial assistance available to such survivors from

the Federal Government.

(7) The provision, at no cost to survivors of military

decedents, of legal assistance by military attorneys on matters

arising from the deaths of such decedents, including tax matters, on an expedited, prioritized basis.

10 USC 1475

note.

119 STAT. 3268 PUBLIC LAW 109–163—JAN. 6, 2006

(8) The provision of financial counseling to survivors of

military decedents, particularly with respect to appropriate disposition of death gratuity and insurance proceeds received by

surviving spouses, minor dependent children, and their representatives.

(9) The provision of information to survivors and next

of kin of military decedents on mechanisms for registering

complaints about, or requests for, additional assistance related

to casualty assistance.

(10) Liaison with the Department of Veterans Affairs and

the Social Security Administration in order to ensure prompt

and accurate resolution of issues relating to benefits administered by those agencies for survivors of military decedents.

(11) Data collection regarding the incidence and quality

of casualty assistance provided to survivors of military

decedents, including surveys of such survivors and military

and civilian members assigned casualty assistance duties.

(c) ADOPTION BY MILITARY DEPARTMENTS.—Not later than

November 1, 2006, the Secretary of each military department shall

prescribe regulations, or modify current regulations, on the policies

and procedures of such military department on the provision of

casualty assistance to survivors and next of kin of military

decedents in order to conform such policies and procedures to the

policy developed under subsection (a).

(d) REPORT ON IMPROVEMENT OF CASUALTY ASSISTANCE PROGRAMS.—Not later than December 1, 2006, 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 that includes—

(1) the assessment of the Secretary of the adequacy and

sufficiency of the current casualty assistance programs of the

military departments;

(2) a plan for a system for the uniform provision to survivors of military decedents of personalized, accurate, and

integrated information on the benefits and financial assistance

available to such survivors through the casualty assistance

programs of the military departments under subsection (c);

and

(3) such recommendations for other legislative or administrative action as the Secretary considers appropriate to enhance

and improve such programs to achieve their intended purposes.

(e) GAO REPORT.—

(1) REPORT REQUIRED.—Not later than July 1, 2006, the

Comptroller General shall submit to the committees specified

in subsection (d) a report on the evaluation by the Comptroller

General of the casualty assistance programs of the Department

of Defense and of such other departments and agencies of

the Federal Government as provide casualty assistance to survivors and next of kin of military decedents.

(2) ASSESSMENT.—The report shall include the assessment

of the Comptroller General of the adequacy of the current

policies and procedures of, and funding for, the casualty assistance programs covered by the report to achieve their intended

purposes.

Regulations.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3269

SEC. 563. POLICY AND PROCEDURES ON ASSISTANCE TO SEVERELY

WOUNDED OR INJURED SERVICE MEMBERS.

(a) COMPREHENSIVE POLICY.—

(1) POLICY REQUIRED.—Not later than June 1, 2006, the

Secretary of Defense shall prescribe a comprehensive policy

for the Department of Defense on the provision of assistance

to members of the Armed Forces who incur severe wounds

or injuries in the line of duty (in this section referred to as

‘‘severely wounded or injured servicemembers’’).

(2) CONSULTATION.—The Secretary shall develop the policy

required by paragraph (1) in consultation with the Secretaries

of the military departments, the Secretary of Veterans Affairs,

and the Secretary of Labor.

(3) INCORPORATION OF PAST EXPERIENCE AND PRACTICE.—

The policy required by paragraph (1) shall be based on—

(A) the experience and best practices of the military

departments, including the Army Wounded Warrior Program, the Marine Corps Marine for Life Injured Support

Program, the Air Force Palace HART program, and the

Navy Wounded Marines and Sailors Initiative;

(B) the recommendations of nongovernment organizations with demonstrated expertise in responding to the

needs of severely wounded or injured servicemembers; and

(C) such other matters as the Secretary of Defense

considers appropriate.

(4) PROCEDURES AND STANDARDS.—The policy shall include

guidelines to be followed by the military departments in the

provision of assistance to severely wounded or injured

servicemembers. The procedures and standards shall be uniform across the military departments except to the extent necessary to reflect the traditional practices or customs of a particular military department. The procedures and standards

shall establish a minimum level of support and shall specify

the duration of programs.

(b) ELEMENTS OF POLICY.—The comprehensive policy developed

under subsection (a) shall address the following matters:

(1) Coordination with the Severely Injured Joint Support

Operations Center of the Department of Defense.

(2) Promotion of a seamless transition to civilian life for

severely wounded or injured servicemembers who are or are

likely to be separated on account of their wound or injury.

(3) Identification and resolution of special problems or

issues related to the transition to civilian life of severely

wounded or injured servicemembers who are members of the

reserve components.

(4) The qualifications, assignment, training, duties, supervision, and accountability for the performance of responsibilities

for the personnel providing assistance to severely wounded

or injured servicemembers.

(5) Centralized, short-term and long-term case-management procedures for assistance to severely wounded or injured

servicemembers by each military department, including rapid

access for severely wounded or injured servicemembers to case

managers and counselors.

(6) The provision, through a computer accessible Internet

website and other means and at no cost to severely wounded

10 USC 113 note.

119 STAT. 3270 PUBLIC LAW 109–163—JAN. 6, 2006

or injured servicemembers, of personalized, integrated information on the benefits and financial assistance available to such

members from the Federal Government.

(7) The provision of information to severely wounded or

injured servicemembers on mechanisms for registering complaints about, or requests for, additional assistance.

(8) Participation of family members.

(9) Liaison with the Department of Veterans Affairs and

the Department of Labor in order to ensure prompt and

accurate resolution of issues relating to benefits administered

by those agencies for severely wounded or injured

servicemembers.

(10) Data collection regarding the incidence and quality

of assistance provided to severely wounded or injured

servicemembers, including surveys of such servicemembers and

military and civilian personnel whose assigned duties include

assistance to severely wounded or injured servicemembers.

(c) ADOPTION BY MILITARY DEPARTMENTS.—Not later than September 1, 2006, the Secretary of each military department shall

prescribe regulations, or modify current regulations, on the policies

and procedures of such military department on the provision of

assistance to severely wounded or injured servicemembers in order

to conform such policies and procedures to the policy prescribed

under subsection (a).

SEC. 564. DESIGNATION BY MEMBERS OF THE ARMED FORCES OF

PERSONS AUTHORIZED TO DIRECT THE DISPOSITION OF

MEMBER REMAINS.

(a) IN GENERAL.—Not later than June 1, 2006, the Secretary

of Defense shall complete, and the Secretaries of the military departments shall implement, Department of Defense Instruction 1300.18,

including interim policy guidance, regarding the requirement to

have service members designate a person authorized to direct disposition of their remains should they become a casualty.

(b) REPORT.—Not later than July 1, 2006, the Secretary of

Defense shall submit to the Committees on Armed Services of

the Senate and the House of Representatives a report on the actions

taken by the Secretary, and by the Secretaries of the military

departments, to carry out the requirement in subsection (a).

Subtitle G—Assistance to Local Educational Agencies for Defense Dependents Education

SEC. 571. EXPANSION OF AUTHORIZED ENROLLMENT IN DEPARTMENT

OF DEFENSE DEPENDENTS SCHOOLS OVERSEAS.

The Defense Dependents’ Education Act of 1978 (20 U.S.C.

931 et seq.) is amended by inserting after section 1404 the following

new section:

‘‘ENROLLMENT OF CERTAIN ADDITIONAL CHILDREN ON TUITION-FREE

BASIS

‘‘SEC. 1404A. (a) ENROLLMENT AUTHORIZED.—Under regulations

to be prescribed by the Secretary of Defense, the Secretary may

Regulations.

20 USC 923a.

Deadline.

Regulations.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3271

authorize the enrollment in schools of the defense dependents’ education system on a tuition-free basis of the children of full-time,

locally-hired employees of the Department of Defense in an overseas

area if such employees are citizens or nationals of the United

States.

‘‘(b) FUNDING.—The Secretary may use funds available for the

defense dependents’ education system to provide for the education

of children enrolled in the defense dependents’ education system

under subsection (a).’’.

SEC. 572. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES

AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF

MILITARY DEPENDENT STUDENTS.— (1) ASSISTANCE AUTHORIZED.—The Secretary of Defense

shall provide financial assistance to an eligible local educational

agency described in paragraph (2) if, without such assistance,

the local educational agency will be unable (as determined

by the Secretary of Defense in consultation with the Secretary

of Education) to provide the students in the schools of the

local educational agency with a level of education that is equivalent to the minimum level of education available in the schools

of the other local educational agencies in the same State.

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency is eligible for assistance under this subsection

for a fiscal year if at least 20 percent (as rounded to the

nearest whole percent) of the students in average daily attendance in the schools of the local educational agency during

the preceding school year were military dependent students

counted under section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)).

(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE

TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE

RELOCATIONS.— (1) ASSISTANCE AUTHORIZED.—To assist communities in

making adjustments resulting from changes in the size or location of the Armed Forces, the Secretary of Defense shall provide

financial assistance to an eligible local educational agency

described in paragraph (2) if, during the period between the

end of the school year preceding the fiscal year for which

the assistance is authorized and the beginning of the school

year immediately preceding that school year, the local educational agency had (as determined by the Secretary of Defense

in consultation with the Secretary of Education) an overall

increase or reduction of—

(A) not less than five percent in the average daily

attendance of military dependent students in the schools

of the local educational agency; or

(B) not less than 250 military dependent students in

average daily attendance in the schools of the local educational agency.

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency is eligible for assistance under this subsection

for a fiscal year if—

(A) the local educational agency is eligible for assistance under subsection (a) for the same fiscal year, or would

20 USC 7703b.

119 STAT. 3272 PUBLIC LAW 109–163—JAN. 6, 2006

have been eligible for such assistance if not for the reduction in military dependent students in schools of the local

educational agency; and

(B) the overall increase or reduction in military

dependent students in schools of the local educational

agency is the result of one or more of the following:

(i) The global rebasing plan of the Department

of Defense.

(ii) The official creation or activation of one or

more new military units.

(iii) The realignment of forces as a result of the

base closure process.

(iv) A change in the number of housing units on

a military installation.

(3) CALCULATION OF AMOUNT OF ASSISTANCE.—

(A) PRO RATA DISTRIBUTION.—The amount of the assistance provided under this subsection to a local educational

agency that is eligible for such assistance for a fiscal year

shall be equal to the product obtained by multiplying—

(i) the per-student rate determined under subparagraph (B) for that fiscal year; by

(ii) the net of the overall increases and reductions

in the number of military dependent students in

schools of the local educational agency, as determined

under paragraph (1).

(B) PER-STUDENT RATE.—For purposes of subparagraph

(A)(i), the per-student rate for a fiscal year shall be equal

to the dollar amount obtained by dividing—

(i) the total amount of funds made available for

that fiscal year to provide assistance under this subsection; by

(ii) the sum of the overall increases and reductions

in the number of military dependent students in

schools of all eligible local educational agencies for

that fiscal year under this subsection.

(C) MAXIMUM AMOUNT OF ASSISTANCE.—A local educational agency may not receive more than $1,000,000 in

assistance under this subsection for any fiscal year.

(4) DURATION.—Assistance may not be provided under this

subsection after September 30, 2010.

(c) NOTIFICATION.—Not later than June 30, 2006, and June

30 of each fiscal year thereafter for which funds are made available

to carry out this section, the Secretary of Defense shall notify

each local educational agency that is eligible for assistance under

this section for that fiscal year of—

(1) the eligibility of the local educational agency for the

assistance, including whether the agency is eligible for assistance under either subsection (a) or (b) or both subsections;

and

(2) the amount of the assistance for which the local educational agency is eligible.

(d) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall

disburse assistance made available under this section for a fiscal

year not later than 30 days after the date on which notification

to the eligible local educational agencies is provided pursuant to

subsection (c) for that fiscal year.

Deadline.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3273

(e) FINDING FOR FISCAL YEAR 2006.—Of the amount authorized

to be appropriated pursuant to section 301(5) for operation and

maintenance for Defense-wide activities—

(1) $30,000,000 shall be available only for the purpose

of providing assistance to local educational agencies under subsection (a); and (2) $10,000,000 shall be available only for the purpose

of providing assistance to local educational agencies under subsection (b).

(f) DEFINITIONS.—In this section:

(1) The term ‘‘base closure process’’ means the 2005 base

closure and realignment process authorized by Defense Base

Closure and Realignment Act of 1990 (part A of title XXIX

of Public Law 101–510; 10 U.S.C. 2687 note) or any base

closure and realignment process conducted after the date of

the enactment of this Act under section 2687 of title 10, United

States Code, or any other similar law enacted after that date.

(2) The term ‘‘local educational agency’’ has the meaning

given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

(3) The term ‘‘military dependent students’’ refers to—

(A) elementary and secondary school students who are

dependents of members of the Armed Forces; and

(B) elementary and secondary school students who are

dependents of civilian employees of the Department of

Defense.

(4) The term ‘‘State’’ means each of the 50 States and

the District of Columbia.

(g) REPEAL OF FORMER AUTHORITY.—Section 386 of the National

Defense Authorization Act for Fiscal Year 1993 (Public Law 102–

484; 20 U.S.C. 7703 note) is repealed.

SEC. 573. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $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).

SEC. 574. 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 subsection (a) of section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) for school year 2005–2006,

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 subsection to determine the number of children who were in average 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.

119 STAT. 3274 PUBLIC LAW 109–163—JAN. 6, 2006

(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.

Subtitle H—Decorations and Awards

SEC. 576. ELIGIBILITY FOR OPERATION ENDURING FREEDOM CAMPAIGN MEDAL.

For purposes of eligibility for the campaign medal for Operation

Enduring Freedom established pursuant to Public Law 108–234

(10 U.S.C. 1121 note), the beginning date of Operation Enduring

Freedom is September 11, 2001.

Subtitle I—Consumer Protection Matters

SEC. 577. REQUIREMENT FOR REGULATIONS ON POLICIES AND PROCEDURES ON PERSONAL COMMERCIAL SOLICITATIONS ON

DEPARTMENT OF DEFENSE INSTALLATIONS.

(a) REQUIREMENT.—As soon as practicable after the date of

the enactment of this Act, and not later than March 31, 2006,

the Secretary of Defense shall prescribe regulations, or modify

existing regulations, on the policies and procedures relating to

personal commercial solicitations, including the sale of life insurance and securities, on Department of Defense installations.

(b) REPEAL OF SUPERSEDED LIMITATIONS.—The following provisions of law are repealed:

(1) Section 586 of the National Defense Authorization Act

for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1493).

(2) Section 8133 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1002).

SEC. 578. CONSUMER EDUCATION FOR MEMBERS OF THE ARMED

FORCES AND THEIR SPOUSES ON INSURANCE AND

OTHER FINANCIAL SERVICES.

(a) EDUCATION AND COUNSELING REQUIREMENTS.— (1) IN GENERAL.—Chapter 50 of title 10, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 992. Consumer education: financial services

‘‘(a) REQUIREMENT FOR CONSUMER EDUCATION PROGRAM FOR

MEMBERS.—(1) The Secretary concerned shall carry out a program

to provide comprehensive education to members of the armed forces

under the jurisdiction of the Secretary on—

‘‘(A) financial services that are available under law to members;

‘‘(B) financial services that are routinely offered by private

sector sources to members;

‘‘(C) practices relating to the marketing of private sector

financial services to members;

‘‘(D) such other matters relating to financial services available to members, and the marketing of financial services to

members, as the Secretary considers appropriate; and

10 USC 992 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3275

‘‘(E) such other financial practices as the Secretary considers appropriate.

‘‘(2) Training under this subsection shall be provided to members as—

‘‘(A) a component of members initial entry orientation

training; and

‘‘(B) a component of periodically recurring required training

that is provided for the members at military installations.

‘‘(3) The training provided at a military installation under

paragraph (2)(B) shall include information on any financial services

marketing practices that are particularly prevalent at that military

installation and in the vicinity.

‘‘(b) COUNSELING FOR MEMBERS AND SPOUSES.—(1) The Secretary concerned shall, upon request, provide counseling on financial

services to each member of the armed forces, and such member’s

spouse, under the jurisdiction of the Secretary.

‘‘(2)(A) In the case of a military installation at which at least

2,000 members of the armed forces on active duty are assigned,

the Secretary concerned—

‘‘(i) shall provide counseling on financial services under

this subsection through a full-time financial services counselor

at such installation; and

‘‘(ii) may provide such counseling at such installation by

any means elected by the Secretary from among the following:

‘‘(I) Through members of the armed forces in pay grade

E–7 or above, or civilians, who provide such counseling

as part of their other duties for the armed forces or the

Department of Defense.

‘‘(II) By contract, including contract for services by

telephone and by the Internet.

‘‘(III) Through qualified representatives of nonprofit

organizations and agencies under formal agreements with

the Department of Defense to provide such counseling.

‘‘(B) In the case of any military installation not described in

subparagraph (A), the Secretary concerned shall provide counseling

on financial services under this subsection at such installation

by any of the means set forth in subparagraph (A)(ii), as elected

by the Secretary concerned.

‘‘(3) Each financial services counselor under paragraph (2)(A)(i),

and any other individual providing counseling on financial services

under paragraph (2), shall be an individual who, by reason of

education, training, or experience, is qualified to provide helpful

counseling to members of the armed forces and their spouses on

financial services and marketing practices described in subsection

(a)(1). Such individual may be a member of the armed forces or

an employee of the Federal Government.

‘‘(4) The Secretary concerned shall take such action as is necessary to ensure that each financial services counselor under paragraph (2)(A)(i), and any other individual providing counseling on

financial services under paragraphs (2), is free from conflicts of

interest relevant to the performance of duty under this section.

and, in the performance of that duty, is dedicated to furnishing

members of the armed forces and their spouses with helpful

information and counseling on financial services and related marketing practices.

‘‘(c) LIFE INSURANCE.—In counseling a member of the armed

forces, or spouse of a member of the armed forces, under this

119 STAT. 3276 PUBLIC LAW 109–163—JAN. 6, 2006

section regarding life insurance offered by a private sector source,

a financial services counselor under subsection (b)(2)(A)(i), or

another individual providing counseling on financial services under

subsection (b)(2), shall furnish the member or spouse, as the case

may be, with information on the availability of Servicemembers’

Group Life Insurance under subchapter III of chapter 19 of title

38, including information on the amounts of coverage available

and the procedures for electing coverage and the amount of coverage.

‘‘(d) FINANCIAL SERVICES DEFINED.—In this section, the term

‘financial services’ includes the following:

‘‘(1) Life insurance, casualty insurance, and other insurance.

‘‘(2) Investments in securities or financial instruments.

‘‘(3) Banking, credit, loans, deferred payment plans, and

mortgages.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘992. Consumer education: financial services.’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the first day of the first month that begins

more than 120 days after the date of the enactment of this Act.

SEC. 579. REPORT ON PREDATORY LENDING PRACTICES DIRECTED

AT MEMBERS OF THE ARMED FORCES AND THEIR

DEPENDENTS.

(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 appropriate committees of Congress a report on predatory

lending practices directed at members of the Armed Forces and

their families. The report shall be prepared in consultation with

the Secretary of the Treasury, the Chairman of the Federal Reserve,

the Chairman of the Federal Deposit Insurance Corporation, and

representatives of military charity organizations and consumer

organizations.

(b) ELEMENTS.—The report under subsection (a) shall include

the following:

(1) A description of the prevalence of predatory lending

practices directed at members of the Armed Forces and their

families.

(2) An assessment of the effects of predatory lending practices on members of the Armed Forces and their families.

(3) A description of the strategy of the Department of

Defense, and of any current or planned programs of the Department, to educate members of the Armed Forces and their families regarding predatory lending practices.

(4) A description of the strategy of the Department of

Defense, and of any current or planned programs of the Department, to reduce or eliminate—

(A) the prevalence of predatory lending practices

directed at members of the Armed Forces and their families; and

(B) the negative effect of such practices on members

of the Armed Forces and their families.

(5) Recommendations for additional legislative and

administrative action to reduce or eliminate predatory lending

10 USC 992 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3277

practices directed at members of the Armed Forces and their

families.

(c) DEFINITIONS.—In this section:

(1) The term ‘‘appropriate committees of Congress’’ means—

(A) the Committee on Armed Services and the Committee on Banking, Housing, and Urban Affairs of the

Senate; and

(B) the Committee on Armed Services and the Committee on Financial Services of the House of Representatives.

(2) The term ‘‘predatory lending practice’’ means an unfair

or abusive loan or credit sale transaction or collection practice.

Subtitle J—Reports and Sense of Congress

Statements

SEC. 581. REPORT ON NEED FOR A PERSONNEL PLAN FOR LINGUISTS

IN THE ARMED FORCES.

(a) NEED ASSESSMENT.—The Secretary of Defense shall review

the career tracks of members of the Armed Forces who are linguists

in an effort to improve the management of linguists (in enlisted

grades or officer grades, or both) and to assist them in reaching

their full linguistic and analytical potential over a 20-year career.

As part of such review, the Secretary shall assess the need for

a comprehensive plan to better manage the careers of military

linguists (in enlisted grades or officer grades, or both) and to ensure

that such linguists have an opportunity to progress in grade and

are provided opportunities to enhance their language and cultural

skills. As part of the review, the Secretary shall consider personnel

management methods such as enhanced bonuses, immersion

opportunities, specialized career fields, establishment of a dedicated

career path for linguists, and career monitoring to ensure career

progress for linguists serving in duty assignments that are not

linguist related.

(b) REPORT.—Not later than 180 days 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 House of

Representatives a report on the review and assessment conducted

under subsection (a). The report shall include the findings, results,

and conclusions of the Secretary’s review and assessment of the

careers of officer and enlisted linguists in the Armed Forces and

the need for a comprehensive plan to ensure effective career

management of linguists.

SEC. 582. SENSE OF CONGRESS THAT COLLEGES AND UNIVERSITIES

GIVE EQUAL ACCESS TO MILITARY RECRUITERS AND

ROTC IN ACCORDANCE WITH THE SOLOMON AMENDMENT AND REQUIREMENT FOR REPORT TO CONGRESS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) any college or university that discriminates against

ROTC programs or military recruiters should be denied certain

Federal taxpayer support, especially funding for many military

and defense programs; and

(2) universities and colleges that receive Federal funds

should provide military recruiters access to college campuses

119 STAT. 3278 PUBLIC LAW 109–163—JAN. 6, 2006

and to college students equal in quality and scope to that

provided all other employers.

(b) REPORT REQUIRED.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense shall submit

to Congress a report on the colleges and universities that are

denying equal access to military recruiters and ROTC programs.

SEC. 583. SENSE OF CONGRESS CONCERNING STUDY OF OPTIONS FOR

PROVIDING HOMELAND DEFENSE EDUCATION.

It is the sense of Congress that—

(1) the Secretary of Defense, in consultation with the Secretary of Homeland Security, should study the options among

public and private educational institutions and facilities

(including an option of using the National Defense University)

for providing strategic-level homeland defense education and

related research opportunities to civilian and military leaders

from all agencies of government in order to contribute to the

development of a common understanding of core homeland

defense principles and of effective interagency homeland

defense strategies, policies, doctrines, and processes; and

(2) the results of such consultation and study should be

reported to the Committee on Armed Services of the House

of Representatives and the Committee on Armed Services of

the Senate, together with such recommendations as the Secretary considers appropriate, including a request for any implementing legislation that would contribute to the development

of strategic-level homeland defense education.

SEC. 584. SENSE OF CONGRESS RECOGNIZING THE DIVERSITY OF THE

MEMBERS OF THE ARMED FORCES SERVING IN OPERATION IRAQI FREEDOM AND OPERATION ENDURING

FREEDOM AND HONORING THEIR SACRIFICES AND THE

SACRIFICES OF THEIR FAMILIES.

(a) FINDINGS.—Congress finds the following:

(1) Thousands of members of the United States Armed

Forces who come from a variety of ethnic and racial backgrounds have served, and are serving, in Operation Iraqi

Freedom and Operation Enduring Freedom to defend the cause

of freedom, democracy, and liberty. Many have been killed,

wounded, or seriously injured.

(2) Diversity is an essential part of the strength of the

Armed Forces, in which members having different ethnic and

racial backgrounds share the goal of defending the cause of

freedom, democracy, and liberty.

(3) The Armed Forces are representative of the diverse

culture and backgrounds that make the United States a great

nation.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the United States should—

(1) recognize and celebrate the diversity of the members

of the Armed Forces; and

(2) recognize and honor the sacrifices being made by the

members of the Armed Forces and their families in the global

war on terrorism.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3279

Subtitle K—Other Matters

SEC. 589. EXPANSION AND ENHANCEMENT OF AUTHORITY TO PRESENT

RECOGNITION ITEMS FOR RECRUITMENT AND RETENTION PURPOSES.

(a) IN GENERAL.—

(1) AUTHORITY.—Subchapter II of chapter 134 of title 10,

United States Code, is amended by adding at the end the

following new section:

‘‘§ 2261. Presentation of recognition items for recruitment

and retention purposes

‘‘(a) EXPENDITURES FOR RECOGNITION ITEMS.—Under regulations prescribed by the Secretary of Defense, appropriated funds

may be expended—

‘‘(1) to procure recognition items of nominal or modest

value for recruitment or retention purposes; and

‘‘(2) to present such items—

‘‘(A) to members of the armed forces; and

‘‘(B) to members of the families of members of the

armed forces, and other individuals, recognized as providing support that substantially facilitates service in the

armed forces.

‘‘(b) PROVISION OF MEALS AND REFRESHMENTS.—For purposes

of section 520c of this title and any regulation prescribed to implement 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) RECOGNITION ITEMS OF NOMINAL OR MODEST VALUE.—

In this section, the term ‘recognition item of nominal or modest

value’ means a commemorative coin, medal, trophy, badge, flag,

poster, painting, or other similar item that is valued at less than

$50 per item and is designed to recognize or commemorate service

in the armed forces.

‘‘(d) TERMINATION OF AUTHORITY.—The authority under this

section shall expire December 31, 2007.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of subchapter II of chapter 134 of such title is

amended by adding at the end the following new item:

‘‘2261. Presentation of recognition items for recruitment and retention purposes.’’.

(b) REPEAL OF SUPERSEDED AUTHORITIES.—

(1) ARMY RESERVE.—Section 18506 of title 10, United States

Code, is repealed. The table of sections at the beginning of

chapter 1805 of such title is amended by striking the item

relating to such section.

(2) NATIONAL GUARD.—Section 717 of title 32, United States

Code, is repealed. The table of sections at the beginning of

chapter 7 of such title is amended by striking the item relating

to such section.

SEC. 590. EXTENSION OF DATE OF SUBMITTAL OF REPORT OF VETERANS’ DISABILITY BENEFITS COMMISSION.

Section 1503 of the National Defense Authorization Act for

Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1678; 38 U.S.C.

1101 note) is amended by striking ‘‘Not later than 15 months

32 USC prec.

701.

119 STAT. 3280 PUBLIC LAW 109–163—JAN. 6, 2006

after the date on which the commission first meets,’’ and inserting

‘‘Not later than October 1, 2007,’’.

SEC. 591. RECRUITMENT AND ENLISTMENT OF HOME-SCHOOLED STUDENTS IN THE ARMED FORCES.

(a) POLICY ON RECRUITMENT AND ENLISTMENT.—

(1) POLICY REQUIRED.—The Secretary of Defense shall prescribe a policy on the recruitment and enlistment of homeschooled students in the Armed Forces.

(2) UNIFORMITY ACROSS THE ARMED FORCES.—The Secretary

shall ensure that the policy prescribed under paragraph (1)

applies, to the extent practicable, uniformly across the Armed

Forces.

(b) ELEMENTS.—The policy under subsection (a) shall include

the following:

(1) An identification of a graduate of home schooling for

purposes of recruitment and enlistment in the Armed Forces

that is in accordance with the requirements described in subsection (c).

(2) A communication plan to ensure that the policy

described in subsection (c) is understood by recruiting officials

of all the Armed Forces, to include field recruiters at the

lowest level of command.

(3) An exemption of graduates of home schooling from

the requirement for a secondary school diploma or an equivalent

(GED) as a precondition for enlistment in the Armed Forces.

(c) HOME SCHOOL GRADUATES.—In prescribing the policy under

subsection (a), the Secretary of Defense shall prescribe a single

set of criteria to be used by the Armed Forces in determining

whether an individual is a graduate of home schooling. The Secretary concerned shall ensure compliance with education credential

coding requirements.

(d) SECRETARY CONCERNED DEFINED.—In this section, the term

‘‘Secretary concerned’’ has the meaning given such term in section

101(a)(9) of title 10, United States Code.

SEC. 592. MODIFICATION OF REQUIREMENT FOR CERTAIN INTERMEDIARIES UNDER CERTAIN AUTHORITIES RELATING TO

ADOPTIONS.

(a) REIMBURSEMENT FOR ADOPTION EXPENSES.—Section

1052(g)(1) of title 10, United States Code, is amended by inserting

‘‘or other source authorized to place children for adoption under

State or local law’’ after ‘‘qualified adoption agency’’.

(b) TREATMENT AS CHILDREN FOR MEDICAL AND DENTAL CARE

PURPOSES.—Section 1072(6)(D)(i) of such title is amended by

inserting ‘‘, or by any other source authorized by State or local

law to provide adoption placement,’’ after ‘‘(recognized by the Secretary of Defense)’’.

SEC. 593. ADOPTION LEAVE FOR MEMBERS OF THE ARMED FORCES

ADOPTING CHILDREN.

(a) LEAVE AUTHORIZED.—Section 701 of title 10, United States

Code, is amended by adding at the end the following new subsection:

‘‘(i)(1) Under regulations prescribed by the Secretary of Defense,

a member of the armed forces adopting a child in a qualifying

child adoption is allowed up to 21 days of leave in a calendar

year to be used in connection with the adoption.

10 USC 503 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3281

‘‘(2) For the purpose of this subsection, an adoption of a child

by a member is a qualifying child adoption if the member is eligible

for reimbursement of qualified adoption expenses for such adoption

under section 1052 of this title.

‘‘(3) In the event that two members of the armed forces who

are married to each other adopt a child in a qualifying child adoption, only one such member shall be allowed leave under this

subsection.

‘‘(4) Leave under paragraph (1) is in addition to other leave

provided under other provisions of this section.’’.

(b) EFFECTIVE DATE.—Subsection (i) of section 701 of title 10,

United States Code (as added by subsection (a)), shall take effect

on January 1, 2006, and shall apply only with respect to adoptions

completed on or after that date.

SEC. 594. ADDITION OF INFORMATION TO BE COVERED IN MANDATORY

PRESEPARATION COUNSELING.

Section 1142(b) of title 10, United States Code, is amended—

(1) in paragraph (4), by striking ‘‘(4) Information concerning’’ and inserting the following:

‘‘(4) Provision of information on civilian occupations and

related assistance programs, including information

concerning—

‘‘(A) certification and licensure requirements that are

applicable to civilian occupations;

‘‘(B) civilian occupations that correspond to military

occupational specialties; and

‘‘(C)’’; and

(2) by adding at the end the following:

‘‘(11) Information concerning the availability of mental

health services and the treatment of post-traumatic stress disorder, anxiety disorders, depression, suicidal ideations, or other

mental health conditions associated with service in the armed

forces.

‘‘(12) Information concerning the priority of service for veterans in the receipt of employment, training, and placement

services provided under qualified job training programs of the

Department of Labor.

‘‘(13) Information concerning veterans small business

ownership and entrepreneurship programs of the Small Business Administration and the National Veterans Business

Development Corporation.

‘‘(14) Information concerning employment and reemployment rights and obligations under chapter 43 of title 38.

‘‘(15) Information concerning veterans preference in federal

employment and federal procurement opportunities.

‘‘(16) Contact information for housing counseling assistance.

‘‘(17) A description, developed in consultation with the Secretary of Veterans Affairs, of health care and other benefits

to which the member may be entitled under the laws administered by the Secretary of Veterans Affairs.’’.

SEC. 595. REPORT ON TRANSITION ASSISTANCE PROGRAMS.

(a) REPORT REQUIRED.—Not later than May 1, 2006, the Secretary of Defense shall submit to Congress a report on the actions

taken, including those actions taken pursuant to the recommendations in the May 2005 report of the Comptroller General submitted

to Congress pursuant to section 598 of the Ronald W. Reagan

10 USC 701 note.

119 STAT. 3282 PUBLIC LAW 109–163—JAN. 6, 2006

National Defense Authorization Act for Fiscal Year 2005 (Public

Law 108–375; 118 Stat. 1939), to ensure that the Transition Assistance Programs for members of the Armed Forces separating from

the Armed Forces (including members of the regular components

of the Armed Forces and members of the reserve components of

the Armed Forces) function effectively to provide such members

with timely and comprehensive transition assistance when separating from the Armed Forces. The report under this section shall

be prepared in consultation with the Secretary of Labor and the

Secretary of Veterans Affairs.

(b) FOCUS ON PARTICULAR MEMBERS.—The report required by

subsection (a) shall include particular attention to the actions taken

with respect to the Transition Assistance Programs to assist the

following members of the Armed Forces:

(1) Members deployed to Operation Iraqi Freedom.

(2) Members deployed to Operation Enduring Freedom.

(3) Members deployed to or in support of other contingency

operations.

(4) Members of the National Guard activated under the

provisions of title 32, United States Code, in support of relief

efforts for Hurricane Katrina and Hurricane Rita.

SEC. 596. IMPROVEMENT TO DEPARTMENT OF DEFENSE CAPACITY

TO RESPOND TO SEXUAL ASSAULT AFFECTING MEMBERS

OF THE ARMED FORCES.

(a) PLAN FOR SYSTEM TO TRACK CASES IN WHICH CARE OR

PROSECUTION HINDERED BY LACK OF AVAILABILITY.—

(1) PLAN REQUIRED.—The Secretary of Defense shall

develop and implement a system to track cases under the

jurisdiction of the Department of Defense in which care to

a victim of rape or sexual assault, or the investigation or

prosecution of an alleged perpetrator of rape or sexual assault,

is hindered by the lack of availability of a rape kit or other

needed supplies or by the lack of timely access to appropriate

laboratory testing resources.

(2) SUBMITTAL TO CONGRESSIONAL COMMITTEES.—The Secretary shall submit the plan developed under paragraph (1)

to the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representatives

not later than 120 days after the date of the enactment of

this Act.

(b) ACCESSIBILITY PLAN FOR DEPLOYED UNITS.—

(1) PLAN REQUIRED.—The Secretary of Defense shall

develop and implement a plan for ensuring accessibility and

availability of supplies, trained personnel, and transportation

resources for responding to sexual assaults occurring in

deployed units. The plan shall include the following:

(A) A plan for the training of personnel who are considered to be ‘‘first responders’’ to sexual assaults (including

criminal investigators, medical personnel responsible for

rape kit evidence collection, and victims advocates), such

training to include current techniques on the processing

of evidence, including rape kits, and on conducting investigations.

(B) A plan for ensuring the availability at military

hospitals of supplies needed for the treatment of victims

of sexual assault who present at a military hospital,

10 USC 113 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3283

including rape kits, equipment for processing rape kits,

and supplies for testing and treatment for sexually transmitted infections and diseases, including HIV, and for

testing for pregnancy.

(2) SUBMITTAL TO CONGRESSIONAL COMMITTEES.—The Secretary shall submit the plan developed under paragraph (1)

to the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representatives

not later than 120 days after the date of the enactment of

this Act.

(c) ADDITIONAL MATTERS FOR ANNUAL REPORT ON SEXUAL

ASSAULTS.—Section 577(f)(2) of the Ronald W. Reagan National

Defense Authorization Act for Fiscal Year 2005 (Public Law 108–

375; 118 Stat. 1927; 10 U.S.C. 113 note) is amended—

(1) by redesignating subparagraph (D) as subparagraph

(G); and

(2) by inserting after subparagraph (C) the following new

subparagraphs:

‘‘(D) A description of the implementation during the year

covered by the report of the tracking system implemented

pursuant to section 596(a) of the National Defense Authorization Act for Fiscal Year 2006, including information collected

on cases during that year in which care to a victim of rape

or sexual assault was hindered by the lack of availability of

a rape kit or other needed supplies or by the lack of timely

access to appropriate laboratory testing resources.

‘‘(E) A description of the implementation during the year

covered by the report of the accessibility plan implemented

pursuant to section 596(b) of the National Defense Authorization Act for Fiscal Year 2006, including a description of the

steps taken during that year to provide that trained personnel,

appropriate supplies, and transportation resources are accessible to deployed units in order to provide an appropriate and

timely response in any case of reported sexual assault in a

deployed unit.

‘‘(F) A description of the required supply inventory, location,

accessibility, and availability of supplies, trained personnel,

and transportation resources needed, and in fact in place, in

order to be able to provide an appropriate and timely response

in any case of reported sexual assault in a deployed unit.’’.

SEC. 597. AUTHORITY FOR APPOINTMENT OF COAST GUARD FLAG

OFFICER AS CHIEF OF STAFF TO THE PRESIDENT.

(a) AUTHORITY.—Chapter 3 of title 14, United States Code,

is amended by adding at the end the following new section:

‘‘§ 54. Chief of staff to President: appointment

‘‘The President, by and with the advice and consent of the

Senate, may appoint a flag officer of the Coast Guard as the

Chief of Staff to the President.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘54. Chief of Staff to President: appointment.’’.

SEC. 598. PRAYER AT MILITARY SERVICE ACADEMY ACTIVITIES.

(a) IN GENERAL.—The superintendent of a service academy

may have in effect such policy as the superintendent considers

10 USC 4331

note.

119 STAT. 3284 PUBLIC LAW 109–163—JAN. 6, 2006

appropriate with respect to the offering of a voluntary, nondenominational prayer at an otherwise authorized activity of the

academy, subject to the United States Constitution and such limitations as the Secretary of Defense may prescribe.

(b) SERVICE ACADEMIES.—For purposes of this section, the term

‘‘service academy’’ means any of the following:

(1) The United States Military Academy.

(2) The United States Naval Academy.

(3) The United States Air Force Academy.

SEC. 599. MODIFICATION OF AUTHORITY TO MAKE MILITARY WORKING

DOGS AVAILABLE FOR ADOPTION.

(a) ADMINISTRATION OF AUTHORITY BY SECRETARIES OF MILITARY DEPARTMENTS.—Subsection (a) of section 2583 of title 10,

United States Code, is amended—

(1) by striking ‘‘Secretary of Defense may’’ and inserting

‘‘Secretary of the military department concerned may’’; and

(2) by striking ‘‘the Department of Defense’’ and inserting

‘‘such military department’’.

(b) AUTHORITY TO MAKE DOGS AVAILABLE FOR ADOPTION

BEFORE END OF USEFUL WORKING LIFE.—Such subsection is further

amended by striking ‘‘at the end’’ and all that follows and inserting

‘‘, unless the dog has been determined to be unsuitable for adoption

under subsection (b), under circumstances as follows:

‘‘(1) At the end of the dog’s useful working life.

‘‘(2) Before the end of the dog’s useful working life, if

such Secretary, in such Secretary’s discretion, determines that

unusual or extraordinary circumstances justify making the dog

available for adoption before that time.

‘‘(3) When the dog is otherwise excess to the needs of

such military department.’’.

(c) CLARIFICATION OF REPORTING REQUIREMENT.—Subsection

(f) of such section is amended by inserting ‘‘of Defense’’ after ‘‘Secretary’’.

(d) CONFORMING AND CLERICAL AMENDMENTS.—The heading

of such section, and the item relating to such section in the table

of sections at the beginning of chapter 153 of such title, are each

amended by striking the last six words.

TITLE VI—COMPENSATION AND OTHER

PERSONNEL BENEFITS

SUBTITLE A—PAY AND ALLOWANCES

Sec. 601. Increase in basic pay for fiscal year 2006.

Sec. 602. Additional pay for permanent military professors at United States Naval

Academy with over 36 years of service. Sec. 603. Basic pay rates for reserve component members selected to attend military service academy preparatory schools. Sec. 604. Clarification of restriction on compensation for correspondence courses.

Sec. 605. Enhanced authority for agency contributions for members of the Armed

Forces participating in the Thrift Savings Plan. Sec. 606. Pilot program on contributions to Thrift Savings Plan for initial enlistees

in the Army. Sec. 607. Prohibition against requiring certain injured members to pay for meals

provided by military treatment facilities. Sec. 608. Permanent authority for supplemental subsistence allowance for low-income members with dependents. Sec. 609. Increase in basic allowance for housing and extension of temporary lodging expenses authority for areas subject to major disaster declaration or

for installations experiencing sudden increase in personnel levels.

10 USC prec.

2571.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3285

Sec. 610. Basic allowance for housing for reserve component members.

Sec. 611. Permanent increase in length of time dependents of certain deceased

members may continue to occupy military family housing or receive

basic allowance for housing.

Sec. 612. Overseas cost of living allowance.

Sec. 613. Allowance to cover portion of monthly deduction from basic pay for

Servicemembers’ Group Life Insurance coverage for members serving in

Operation Enduring Freedom or Operation Iraqi Freedom.

Sec. 614. Income replacement payments for Reserves experiencing extended and

frequent mobilization for active duty service.

SUBTITLE B—BONUSES AND SPECIAL AND INCENTIVE PAYS

Sec. 621. Extension or resumption of certain bonus and special pay authorities for

reserve forces.

Sec. 622. Extension of certain bonus and special pay authorities for certain health

care professionals.

Sec. 623. Extension of special pay and bonus authorities for nuclear officers.

Sec. 624. Extension of other bonus and special pay authorities.

Sec. 625. Eligibility of oral and maxillofacial surgeons for incentive special pay.

Sec. 626. Eligibility of dental officers for additional special pay.

Sec. 627. Increase in maximum monthly rate authorized for hardship duty pay.

Sec. 628. Flexible payment of assignment incentive pay.

Sec. 629. Active-duty reenlistment bonus.

Sec. 630. Reenlistment bonus for members of the Selected Reserve.

Sec. 631. Consolidation and modification of bonuses for affiliation or enlistment in

the Selected Reserve.

Sec. 632. Expansion and enhancement of special pay for enlisted members of the

Selected Reserve assigned to certain high priority units.

Sec. 633. Eligibility requirements for prior service enlistment bonus.

Sec. 634. Increase and enhancement of affiliation bonus for officers of the Selected

Reserve.

Sec. 635. Increase in authorized maximum amount of enlistment bonus.

Sec. 636. Discretion of Secretary of Defense to authorize retroactive hostile fire and

imminent danger pay.

Sec. 637. Increase in maximum bonus amount for nuclear-qualified officers extending period of active duty.

Sec. 638. Increase in maximum amount of nuclear career annual incentive bonus

for nuclear-qualified officers trained while serving as enlisted members.

Sec. 639. Uniform payment of foreign language proficiency pay to eligible reserve

component members and regular component members.

Sec. 640. Retention bonus for members qualified in certain critical skills or assigned to high priority units.

Sec. 641. Incentive bonus for transfer between Armed Forces.

Sec. 642. Availability of special pay for members during rehabilitation from

wounds, injuries, and illnesses incurred in a combat operation or combat

zone. Sec. 643. Pay and benefits to facilitate voluntary separation of targeted members

of the Armed Forces.

Sec. 644. Ratification of payment of critical-skills accession bonus for persons enrolled in Senior Reserve Officers’ Training Corps obtaining nursing degrees.

Sec. 645. Temporary authority to pay bonus to encourage members of the Army to

refer other persons for enlistment in the Army.

SUBTITLE C—TRAVEL AND TRANSPORTATION ALLOWANCES

Sec. 651. Authorized absences of members for which lodging expenses at temporary

duty location may be paid.

Sec. 652. Extended period for selection of home for travel and transportation allowances for dependents of deceased members.

Sec. 653. Transportation of family members in connection with the repatriation of

members held captive.

Sec. 654. Increased weight allowances for shipment of household goods of senior

noncommissioned officers.

Sec. 655. Permanent authority to provide travel and transportation allowances for

family members to visit hospitalized members of the Armed Forces injured in combat operation or combat zone.

SUBTITLE D—RETIRED PAY AND SURVIVOR BENEFITS

Sec. 661. Monthly disbursement to States of State income tax withheld from retired

or retainer pay.

Sec. 662. Denial of certain burial-related benefits for individuals who committed a

capital offense.

119 STAT. 3286 PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 663. Concurrent receipt of veterans’ disability compensation and military retired pay. Sec. 664. Additional amounts of death gratuity for survivors of certain members of

the Armed Forces dying on active duty. Sec. 665. Child support for certain minor children of retirement-eligible members

convicted of domestic violence resulting in death of child’s other parent. Sec. 666. Comptroller General report on actuarial soundness of the Survivor Benefit Plan.

SUBTITLE E—COMMISSARY AND NONAPPROPRIATED FUND INSTRUMENTALITY

BENEFITS

Sec. 671. Increase in authorized level of supplies and services procurement from

overseas exchange stores. Sec. 672. Requirements for private operation of commissary store functions.

Sec. 673. Provision of and payment for overseas transportation services for commissary and exchange supplies and products. Sec. 674. Compensatory time off for certain nonappropriated fund employees.

Sec. 675. Rest and recuperation leave programs.

SUBTITLE F—OTHER MATTERS

Sec. 681. Temporary Army authority to provide additional recruitment incentives.

Sec. 682. Clarification of leave accrual for members assigned to a deployable ship

or mobile unit or other duty. Sec. 683. Expansion of authority to remit or cancel indebtedness of members of the

Armed Forces incurred on active duty. Sec. 684. Loan repayment program for chaplains in the Selected Reserve.

Sec. 685. Inclusion of Senior Enlisted Advisor for the Chairman of the Joint Chiefs

of Staff among senior enlisted members of the Armed Forces. Sec. 686. Special and incentive pays considered for saved pay upon appointment of

members as officers.

Sec. 687. Repayment of unearned portion of bonuses, special pays, and educational

benefits.

Sec. 688. Rights of members of the Armed Forces and their dependents under

Housing and Urban Development Act of 1968. Sec. 689. Extension of eligibility for SSI for certain individuals in families that include members of the Reserve and National Guard.

Sec. 690. Information for members of the Armed Forces and their dependents on

rights and protections of the Servicemembers Civil Relief Act.

Subtitle A—Pay and Allowances

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2006.

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment

to become effective during fiscal year 2006 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, 2006,

the rates of monthly basic pay for members of the uniformed services are increased by 3.1 percent.

SEC. 602. ADDITIONAL PAY FOR PERMANENT MILITARY PROFESSORS

AT UNITED STATES NAVAL ACADEMY WITH OVER 36

YEARS OF SERVICE.

Section 203(b) of title 37, United States Code, is amended

by inserting after ‘‘Military Academy’’ the following: ‘‘, the United

States Naval Academy,’’.

SEC. 603. BASIC PAY RATES FOR RESERVE COMPONENT MEMBERS

SELECTED TO ATTEND MILITARY SERVICE ACADEMY

PREPARATORY SCHOOLS.

Section 203(e)(2) of title 37, United States Code, is amended—

(1) by striking ‘‘on active duty for a period of more than

30 days shall continue to receive’’ and inserting ‘‘shall receive’’;

and

37 USC 1009

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3287

(2) by inserting before the period at the end the following:

‘‘or at the rate provided for cadets and midshipmen under

subsection (c), whichever is greater’’.

SEC. 604. CLARIFICATION OF RESTRICTION ON COMPENSATION FOR

CORRESPONDENCE COURSES.

Section 206(d)(1) of title 37, United States Code, is amended

by inserting after ‘‘reserve component’’ the following: ‘‘or by a

member of the National Guard while not in Federal service’’.

SEC. 605. ENHANCED AUTHORITY FOR AGENCY CONTRIBUTIONS FOR

MEMBERS OF THE ARMED FORCES PARTICIPATING IN

THE THRIFT SAVINGS PLAN.

(a) AUTHORITY TO MAKE CONTRIBUTIONS FOR CERTAIN FIRST- TIME ENLISTEES.—Subsection (d) of section 211 of title 37, United

States Code, is amended—

(1) in paragraph (1)—

(A) in subparagraph (A), by inserting ‘‘(i)’’ after ‘‘(A)’’;

(B) by redesignating subparagraph (B) as clause (ii)

of subparagraph (A) and, in such clause, by striking the

period at the end and inserting ‘‘; or’’; and

(C) by adding at the end the following new subparagraph (B):

‘‘(B) is enlisting in the armed forces for the first time

and the period of the member’s enlistment is not less

than two years.’’;

(2) in paragraph (2), by striking ‘‘paragraph (1)’’ the first

place it appears and inserting ‘‘paragraph (1)(A)’’;

(3) by designating the second sentence of paragraph (2)

as paragraph (4) and, in such paragraph, by striking ‘‘this

paragraph’’ and inserting ‘‘this subsection’’; and

(4) by inserting before such paragraph (4) the following

new paragraph:

‘‘(3) In the case of a member described by paragraph (1)(B),

the Secretary shall make contributions to the Fund for the benefit

of the member for each pay period of the enlistment of the member

described in that paragraph for which the member makes a contribution to the Fund under section 8440e of title 5 (other than

under subsection (d)(2) thereof).’’.

(b) CLERICAL AMENDMENT.—Such subsection is further

amended by inserting ‘‘AND FIRST-TIME ENLISTEES’’ after ‘‘SPECIAL- TIES’’.

SEC. 606. PILOT PROGRAM ON CONTRIBUTIONS TO THRIFT SAVINGS

PLAN FOR INITIAL ENLISTEES IN THE ARMY.

(a) PILOT PROGRAM REQUIRED.—During fiscal year 2006, the

Secretary of the Army shall use the authority provided by section

211(d)(1)(B) of title 10, United States Code, as amended by section

605, to carry out within the Army a pilot program in order to

assess the extent to which contributions by the Secretary to the

Thrift Savings Fund on behalf of members of the Army described

in subsection (b) would—

(1) assist the Army in recruiting efforts; and

(2) assist such members in establishing habits of financial

responsibility during their initial enlistment in the Armed

Forces.

(b) COVERED MEMBERS.—To be eligible to participate in the

pilot program under subsection (a), a member of the Army must

37 USC 211 note.

119 STAT. 3288 PUBLIC LAW 109–163—JAN. 6, 2006

be serving under an initial enlistment for a period of not less

than two years.

(c) CONTRIBUTIONS TO THRIFT SAVINGS FUND.—

(1) IN GENERAL.—The Secretary of the Army may make

contributions to the Thrift Savings Fund on behalf of any

participant in the pilot program under subsection (a) for any

pay period during the period of the pilot program.

(2) LIMITATIONS.—The amount of any contributions made

with respect to a member under paragraph (1) shall be subject

to the provisions of section 8432(c) of title 5, United States

Code.

(d) REPORT.—

(1) IN GENERAL.—Not later than February 1, 2007, the

Secretary of Defense shall submit to the congressional defense

committees a report on the pilot program under subsection

(a).

(2) ELEMENTS.—The report shall include the following:

(A) A description of the pilot program, including the

number of members of the Army who participated in the

pilot program and the contributions made by the Army

to the Thrift Savings Fund on behalf of such members

during the period of the pilot program.

(B) An assessment, based on the pilot program and

taking into account the views of officers and senior enlisted

personnel of the Army, and of field recruiters, of the extent

to which contributions by the military departments to the

Thrift Savings Fund on behalf of members of the Armed

Forces similar to the participants in the pilot program—

(i) would enhance the recruiting efforts of the

Armed Forces; and

(ii) would assist such members in establishing

habits of financial responsibility during their initial

enlistment in the Armed Forces.

SEC. 607. PROHIBITION AGAINST REQUIRING CERTAIN INJURED MEMBERS TO PAY FOR MEALS PROVIDED BY MILITARY

TREATMENT FACILITIES.

(a) TEMPORARY PROHIBITION.—Section 402 of title 37, United

States Code, is amended—

(1) by redesignating subsection (h) as subsection (i); and

(2) by inserting after subsection (g) the following new subsection:

‘‘(h) NO PAYMENT FOR MEALS RECEIVED AT MILITARY TREATMENT FACILITIES.—(1) A member of the armed forces who is undergoing medical recuperation or therapy, or is otherwise in the status

of continuous care, including outpatient care, at a military treatment facility for an injury, illness, or disease described in paragraph

(2) shall not be required to pay any charge for meals provided

to the member by the military treatment facility during any month

covered by paragraph (3) in which the member is entitled to a

basic allowance for subsistence under this section.

‘‘(2) Paragraph (1) applies with respect to an injury, illness,

or disease incurred or aggravated by a member while the member

was serving on active duty—

‘‘(A) in support of Operation Iraqi Freedom or Operation

Enduring Freedom; or

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3289

‘‘(B) in any other operation designated by the Secretary

of Defense as a combat operation or in an area designated

by the Secretary as a combat zone.

‘‘(3) This subsection shall apply to months beginning during

the period beginning on October 1, 2005, and ending on December

31, 2006.’’.

(b) REPEAL OF TEMPORARY AUTHORITY.—Section 1023 of division A of the Emergency Supplemental Appropriations Act for

Defense, the Global War on Terror, and Tsunami Relief, 2005

(Public Law 109–13), is repealed.

SEC. 608. PERMANENT AUTHORITY FOR SUPPLEMENTAL SUBSISTENCE

ALLOWANCE FOR LOW-INCOME MEMBERS WITH DEPENDENTS.

(a) REPEAL OF TERMINATION PROVISION.—Section 402a of title

37, United States Code, is amended by striking subsection (i).

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Subsection (f)

of such section is amended—

(1) in the first sentence, by striking ‘‘Secretary of Transportation’’ and inserting ‘‘Secretary of Homeland Security, with

respect to the Coast Guard’’; and

(2) by striking the second sentence.

SEC. 609. INCREASE IN BASIC ALLOWANCE FOR HOUSING AND EXTENSION OF TEMPORARY LODGING EXPENSES AUTHORITY

FOR AREAS SUBJECT TO MAJOR DISASTER DECLARATION OR FOR INSTALLATIONS EXPERIENCING SUDDEN

INCREASE IN PERSONNEL LEVELS.

(a) TEMPORARY BASIC ALLOWANCE FOR HOUSING INCREASE

AUTHORIZED.—Section 403(b) of title 37, United States Code, is

amended by adding at the end the following new paragraph:

‘‘(7)(A) Under the authority of this paragraph, the Secretary

of Defense may prescribe a temporary increase in the rates of

basic allowance for housing otherwise prescribed for a military

housing area or a portion of a military housing area if the military

housing area or portion thereof—

‘‘(i) is located in an area covered by a declaration by the

President under section 401 of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5170) that

a major disaster exists; or

‘‘(ii) contains one or more military installations that are

experiencing a sudden increase in the number of members

of the armed forces assigned to the installation.

‘‘(B) The Secretary of Defense shall base the amount of the

increase to be made in the rates of basic allowance for housing

for an area on a determination by the Secretary of the amount

by which the costs of adequate housing for civilians have increased

in the area by reason of the disaster or the influx of military

personnel, except that the increase may not exceed the amount

equal to 20 percent of the rate of basic allowance for housing

otherwise prescribed for the area.

‘‘(C) A member may be paid a basic allowance for housing

at a rate increased under this paragraph only if the member certifies

to the Secretary concerned that the member has incurred increased

housing costs in the area by reason of the disaster or the influx

of military personnel.

‘‘(D) Subject to subparagraph (E), an increase in the rates

of basic allowance for housing in an area under this paragraph

Ante, p. 251.

Effective date.

119 STAT. 3290 PUBLIC LAW 109–163—JAN. 6, 2006

shall remain in effect until the effective date of the first adjustment

in rates of basic allowance for housing made for the area pursuant

to a redetermination of housing costs in the area under this subsection that occurs after the date of the increase under this paragraph.

‘‘(E) An increase in the rates of basic allowance for housing

for an area may not be prescribed under this paragraph or continue

after December 31, 2008.’’.

(b) TEMPORARY EXTENSION OF TEMPORARY LODGING EXPENSES

AUTHORITY.—Section 404a(c) of such title is amended by adding

at the end the following new paragraph:

‘‘(3) Whenever the conditions described in clause (i) or (ii)

of subparagraph (A) of section 403(b)(7) of this title exist for a

military housing area or portion thereof, the Secretary concerned

may increase the period for which subsistence expenses are to

be paid or reimbursed under this section in the case of a change

of permanent station described in subparagraph (A) or (C) of subsection (a)(2) in the same military housing area or portion thereof

to a maximum of 20 days.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to months beginning on or after September

1, 2005.

SEC. 610. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPONENT MEMBERS.

(a) EQUAL TREATMENT OF RESERVE MEMBERS.—Subsection (g)

of section 403 of title 37, United States Code, is amended—

(1) by redesignating paragraph (3) as paragraph (4);

(2) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3) The rate of basic allowance for housing to be paid to

the following members of a reserve component shall be equal to

the rate in effect for similarly situated members of a regular component of the uniformed services:

‘‘(A) A member who is called or ordered to active duty

for a period of more than 30 days.

‘‘(B) A member who is called or ordered to active duty

for a period of 30 days or less in support of a contingency

operation.’’; and

(3) in paragraph (4), as so redesignated, by striking ‘‘less

than 140 days’’ and inserting ‘‘30 days or less’’.

(b) CONFORMING AMENDMENT REGARDING MEMBERS WITHOUT

DEPENDENTS.—Paragraph (1) of such subsection is amended by

inserting ‘‘or for a period of more than 30 days’’ after ‘‘in support

of a contingency operation’’ both places it appears.

SEC. 611. PERMANENT INCREASE IN LENGTH OF TIME DEPENDENTS

OF CERTAIN DECEASED MEMBERS MAY CONTINUE TO

OCCUPY MILITARY FAMILY HOUSING OR RECEIVE BASIC

ALLOWANCE FOR HOUSING.

Effective immediately after the termination, pursuant to subsection (b) of section 1022 of Public Law 109–13 (119 Stat. 251)

and section 124 of Public Law 109–77 (119 Stat. 2041), of the

amendments made by subsection (a) of such section 1022, section

403(l) of title 37, United States Code, is amended by striking

‘‘180 days’’ each place it appears and inserting ‘‘365 days’’.

37 USC 403 note.

37 USC 403 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3291

SEC. 612. OVERSEAS COST OF LIVING ALLOWANCE.

(a) PAYMENT OF ALLOWANCE BASED ON OVERSEAS LOCATION

OF DEPENDENTS.—Section 405 of title 37, United States Code, is

amended by adding at the end the following new subsection:

‘‘(e) PAYMENT OF ALLOWANCE BASED ON OVERSEAS LOCATION

OF DEPENDENTS.—In the case of a member assigned to duty inside

the continental United States whose dependents continue to reside

outside the continental United States, the Secretary concerned may

pay the member a per diem under this section based on the location

of the dependents and provide reimbursement under subsection

(d) for an unusual or extraordinary expense incurred by the dependents if the Secretary determines that such payment or reimbursement is in the best interest of the member or the member’s dependents and in the best interest of the United States.’’.

(b) CLARIFICATION OF EXPENSES ELIGIBLE FOR LUMP-SUM

REIMBURSEMENT.—Subsection (d) of such section is amended—

(1) in the subsection heading, by striking ‘‘NONRECURRING’’

and inserting ‘‘UNUSUAL OR EXTRAORDINARY’’;

(2) by inserting ‘‘or (e)’’ after ‘‘subsection (a)’’ each place

it appears; and

(3) in paragraph (1)—

(A) by striking ‘‘a nonrecurring’’ and inserting ‘‘an

unusual or extraordinary’’ in the matter preceding subparagraph (A); and

(B) in subparagraph (A), by inserting ‘‘or the location

of the member’s dependents’’ before the semicolon.

SEC. 613. ALLOWANCE TO COVER PORTION OF MONTHLY DEDUCTION

FROM BASIC PAY FOR SERVICEMEMBERS’ GROUP LIFE

INSURANCE COVERAGE FOR MEMBERS SERVING IN

OPERATION ENDURING FREEDOM OR OPERATION IRAQI

FREEDOM.

(a) ALLOWANCE TO COVER SGLI DEDUCTIONS.—Chapter 7 of

title 37, United States Code, is amended by adding at the end

the following new section:

‘‘§ 437. Allowance to cover portion of monthly premium for

Servicemembers’ Group Life Insurance: members

serving in Operation Enduring Freedom or Operation Iraqi Freedom

‘‘(a) REQUIRED REIMBURSEMENT FOR PREMIUM DEDUCTION.—

(1) In the case of a member of the armed forces who has insurance

coverage for the member under the Servicemembers’ Group Life

Insurance program under subchapter III of chapter 19 of title

38 and who serves in the theater of operations for Operation

Enduring Freedom or Operation Iraqi Freedom at any time during

a month, the Secretary concerned shall pay the member an allowance under this section for that month in an amount equal to

the amount of the deduction made under subsection (a)(1) of section

1969 of such title for the first $150,000 of Servicemembers’ Group

Life Insurance coverage held by the member under section 1967

of such title.

‘‘(2) If a member described in paragraph (1) elected to be

insured in an amount less than the coverage amount specified

in paragraph (1) or in effect pursuant to subsection (b), the amount

of the allowance under this section for a month shall be equal

119 STAT. 3292 PUBLIC LAW 109–163—JAN. 6, 2006

to the amount of the deduction made for that month under subsection (a)(1) of section 1969 of title 38 from the basic pay of

the member for the amount of Servicemembers’ Group Life Insurance coverage actually held by the member under section 1967

of such title.

‘‘(b) AUTHORITY TO INCREASE MAXIMUM REIMBURSEMENT

AMOUNT.—For purposes of subsection (a), the Secretary of Defense

is authorized to increase the coverage amount specified in paragraph (1) of such subsection to permit the reimbursement of all

or an additional amount of the deduction made under section

1969(a)(1) of title 38 for levels of coverage in excess of $150,000

for members under the Servicemembers’ Group Life Insurance program.

‘‘(c) NOTICE OF AVAILABILITY OF ALLOWANCE.—To the maximum

extent practicable, in advance of the deployment of a member

to a theater of operations referred to in subsection (a), the Secretary

concerned shall give the member information regarding the following:

‘‘(1) The availability of the allowance under this section

for members insured under the Servicemembers’ Group Life

Insurance program.

‘‘(2) The ability of members who elected not to be insured

under Servicemembers’ Group Life Insurance, or elected less

than the coverage amount specified in subsection (a)(1) or in

effect pursuant to subsection (b), to obtain insurance, or to

obtain additional coverage, as the case may be, under the

authority provided in section 1967(c) of title 38.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 of title 37, United States Code, is amended

by adding at the end the following new item:

‘‘437. Allowance to cover portion of monthly premium for Servicemembers’ Group

Life Insurance: members serving in Operation Enduring Freedom or Operation Iraqi Freedom.’’.

(c) EFFECTIVE DATE; NOTIFICATION.—Section 437 of title 37,

United States Code, as added by subsection (a), shall apply with

respect to service by members of the Armed Forces in the theater

of operations for Operation Enduring Freedom or Operation Iraqi

Freedom for months beginning on or after the date of the enactment

of this Act. In the case of members who are serving in the theater

of operations for Operation Enduring Freedom or Operation Iraqi

Freedom as of such date, the Secretary of Defense shall provide

such members, as soon as practicable, the information specified

in subsection (c) of that section.

SEC. 614. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR

ACTIVE DUTY SERVICE.

(a) IN GENERAL.—Chapter 17 of title 37, United States Code,

is amended by adding at the end the following new section:

‘‘§ 910. Replacement of lost income: involuntarily mobilized

reserve component members subject to extended

and frequent active duty service

‘‘(a) PAYMENT REQUIRED.—The Secretary concerned shall pay

to an eligible member of a reserve component of the armed forces

an amount equal to the monthly active-duty income differential

of the member, as determined by the Secretary. The payments

shall be made on a monthly basis.

37 USC 437 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3293

‘‘(b) ELIGIBILITY.—Subject to subsection (c), a reserve component

member is entitled to a payment under this section for any full

month of active duty of the member, while on active duty under

an involuntary mobilization order, following the date on which

the member—

‘‘(1) completes 18 continuous months of service on active

duty under such an order;

‘‘(2) completes 24 months on active duty during the previous

60 months under such an order; or

‘‘(3) is involuntarily mobilized for service on active duty

for a period of 180 days or more within six months or less

following the member’s separation from a previous period of

involuntary active duty for a period of 180 days or more.

‘‘(c) MINIMUM AND MAXIMUM PAYMENT AMOUNTS.—(1) A payment under this section shall be made to a member for a month

only if the amount of the monthly active-duty income differential

for the month is greater than $50.

‘‘(2) Notwithstanding the amount determined under subsection

(d) for a member for a month, the monthly payment to a member

under this section may not exceed $3,000.

‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIFFERENTIAL.—For purposes of this section, the monthly active-duty income differential

of a member is the difference between—

‘‘(1) the average monthly civilian income of the member;

and

‘‘(2) the member’s total monthly military compensation.

‘‘(e) DEFINITIONS.—In this section:

‘‘(1) The term ‘average monthly civilian income’, with

respect to a member of a reserve component, means the amount,

determined by the Secretary concerned, of the earned income

of the member for either the 12 months preceding the member’s

mobilization or the 12 months covered by the member’s most

recent Federal income tax filing, divided by 12.

‘‘(2) The term ‘total monthly military compensation’ means

the amount, computed on a monthly basis, of the sum of—

‘‘(A) the amount of the regular military compensation

(RMC) of the member; 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.

‘‘(f) REGULATIONS.—This section shall be administered under

regulations to be prescribed by the Secretary of Defense.

‘‘(g) TERMINATION OF AUTHORITY.—No payment shall be made

under this section after December 31, 2008.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘910. Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service.’’.

(c) EFFECTIVE DATE.—Section 910 of title 37, United States

Code, as added by subsection (a), may apply only with respect

to months beginning after the end of the 180-day period beginning

on the date of the enactment of this Act .

37 USC 910 note.

119 STAT. 3294 PUBLIC LAW 109–163—JAN. 6, 2006

Subtitle B—Bonuses and Special and

Incentive Pays

SEC. 621. EXTENSION OR RESUMPTION 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, 2005’’ and inserting ‘‘December 31, 2006’’.

(b) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN

HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended

by striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’.

(c) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT

PRIOR SERVICE.—Section 308g(h) of such title is amended by

striking ‘‘an enlistment after September 30, 1992’’ and inserting

‘‘an enlistment—

‘‘(1) during the period beginning on October 1, 1992, and

ending on September 30, 2005; or

‘‘(2) after December 31, 2006.’’.

(d) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS

FOR PERSONS WITH PRIOR SERVICE.—Section 308h(g) of such title

is amended by striking ‘‘December 31, 2005’’ and inserting

‘‘December 31, 2006’’.

(e) SELECTED RESERVE ENLISTMENT BONUS FOR PERSONS WITH

PRIOR SERVICE.—Section 308i(f) of such title is amended by striking

‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’.

SEC. 622. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.

(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section

2130a(a)(1) of title 10, United States Code, is amended by striking

‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’.

(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, 2006’’

and inserting ‘‘January 1, 2007’’.

(c) ACCESSION BONUS FOR REGISTERED NURSES.—Section

302d(a)(1) of title 37, United States Code, is amended by striking

‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’.

(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section

302e(a)(1) of such title is amended by striking ‘‘December 31, 2005’’

and inserting ‘‘December 31, 2006’’.

(e) SPECIAL PAY FOR SELECTED RESERVE HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES.—Section

302g(f) of such title is amended by striking ‘‘December 31, 2005’’

and inserting ‘‘December 31, 2006’’.

(f) ACCESSION BONUS FOR DENTAL OFFICERS.—Section

302h(a)(1) of such title is amended by striking ‘‘December 31, 2005’’

and inserting ‘‘December 31, 2006’’.

(g) ACCESSION BONUS FOR PHARMACY OFFICERS.—Section

302j(a) of such title is amended by striking ‘‘December 31, 2005’’

and inserting ‘‘December 31, 2006’’.

SEC. 623. 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

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3295

States Code, is amended by striking ‘‘December 31, 2005’’ and

inserting ‘‘December 31, 2006’’.

(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of

such title is amended by striking ‘‘December 31, 2005’’ and inserting

‘‘December 31, 2006’’.

(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section

312c(d) of such title is amended by striking ‘‘December 31, 2005’’

and inserting ‘‘December 31, 2006’’.

SEC. 624. 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, 2005’’ and inserting ‘‘December 31, 2006’’.

(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) of such title

is amended by striking ‘‘December 31, 2006’’ and inserting

‘‘December 31, 2007’’.

(c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section

308(g) of such title is amended by striking ‘‘December 31, 2005’’

and inserting ‘‘December 31, 2006’’.

(d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 309(e)

of such title is amended by striking ‘‘December 31, 2005’’ and

inserting ‘‘December 31, 2006’’.

(e) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY

SKILLS.—Section 323(i) of such title is amended by striking

‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’.

(f) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.—

Section 324(g) of such title is amended by striking ‘‘December

31, 2005’’ and inserting ‘‘December 31, 2006’’.

SEC. 625. ELIGIBILITY OF ORAL AND MAXILLOFACIAL SURGEONS FOR

INCENTIVE SPECIAL PAY.

(a) ELIGIBILITY.—Subsection (a) of section 302b of title 37,

United States Code, is amended—

(1) in the subsection heading, by striking ‘‘AND BOARD

CERTIFICATION’’ and inserting ‘‘BOARD CERTIFICATION, AND

INCENTIVE’’; and

(2) by adding at the end the following new paragraph:

‘‘(6) An officer described in paragraph (1) who is an oral or

maxillofacial surgeon may be paid incentive special pay at the

same rates, and subject to the same terms and conditions, as

incentive special pay available for medical officers under section

302(b) of this title.’’.

(b) CONFORMING AMENDMENTS.—Such section is further

amended in subsections (b) and (d) by striking ‘‘subsection (a)(4)’’

each place it appears and inserting ‘‘paragraph (4) or (6) of subsection (a)’’.

SEC. 626. ELIGIBILITY OF DENTAL OFFICERS FOR ADDITIONAL SPECIAL PAY.

Section 302b(a)(4) of title 37, United States Code, is amended

in the first sentence—

(1) by inserting ‘‘also’’ before ‘‘is entitled’’; and

(2) by inserting ‘‘initial’’ before ‘‘residency’’.

119 STAT. 3296 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 627. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR

HARDSHIP DUTY PAY.

Section 305(a) of title 37, United States Code, is amended

by striking ‘‘$300’’ and inserting ‘‘$750’’.

SEC. 628. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE PAY.

(a) AUTHORITY TO PROVIDE LUMP SUM OR INSTALLMENT PAY- MENTS.—Section 307a of title 37, United States Code, is amended—

(1) in subsection (a)—

(A) by striking ‘‘monthly’’; and

(B) by adding at the end the following new sentence:

‘‘Incentive pay payable under this section may be paid

on a monthly basis, in a lump sum, or in installments.’’;

and

(2) in subsection (b)—

(A) by inserting ‘‘(1)’’ before ‘‘The Secretary concerned’’;

(B) in paragraph (1), as so designated, by striking

‘‘incentive pay’’ in the first sentence and inserting ‘‘the

payment of incentive pay on a monthly basis’’; and

(C) by adding at the end the following new paragraph:

‘‘(2) The Secretary concerned shall 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 the payment of incentive pay on a lump sum or installment

basis under this section. The written agreement shall specify the

period for which the incentive pay will be paid to the member

and, subject to subsection (c), the amount of the lump sum, or

each installment, of the incentive pay.’’.

(b) MAXIMUM RATE OR AMOUNT.—Subsection (c) of such section

is amended to read as follows:

‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The maximum monthly

rate of incentive pay payable to a member on a monthly basis

under this section is $3,000.

‘‘(2) The amount of the lump sum payment of incentive pay

payable to a member on a lump sum basis under this section

may not exceed an amount equal to the product of—

‘‘(A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member

under subsection (b)(2); and

‘‘(B) the number of months in the period for which incentive

pay will be paid pursuant to the agreement.

‘‘(3) The amount of each installment payment of incentive pay

payable to a member on an installment basis under this section

shall be the amount equal to—

‘‘(A) the product of (i) a monthly rate specified in the

written agreement of the member under subsection (b)(2) (which

monthly rate may not exceed the maximum monthly rate

authorized under paragraph (1) at the time of the written

agreement), and (ii) the number of months in the period for

which incentive pay will be paid; divided by

‘‘(B) the number of installments over such period.

‘‘(4) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), incentive pay for

the period of the extension may be paid under this section on

a monthly basis, in a lump sum, or in installments in accordance

with this section.’’.

(c) REPAYMENT.—Such section is further amended—

Contracts.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3297

(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and

(2) by inserting after subsection (c), as amended by subsection (b) of this section, the following new subsection (d):

‘‘(d) REPAYMENT OF INCENTIVE PAY.—(1) A member who, pursuant to an agreement under subsection (b)(2), receives a lump sum

or installment payment of incentive pay under this section and

who fails to complete the total period of service or other conditions

specified in the agreement voluntarily or because of misconduct,

shall refund to the United States an amount equal to the percentage

of incentive pay paid which is equal to the unexpired portion of

the service divided by the total period of service. The Secretary

concerned may waive repayment of an amount of incentive pay

under this section, in whole or in part, if the Secretary determines

that conditions and circumstances warrant.

‘‘(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 in bankruptcy under title 11 that is entered

less than 5 years after the termination of the agreement does

not discharge the member signing the agreement from a debt arising

under paragraph (1).’’.

SEC. 629. ACTIVE-DUTY REENLISTMENT BONUS.

(a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.—Subsection (a)

of section 308 of title 37, United States Code, is amended—

(1) in paragraph (1)(A), by striking ‘‘16 years of active

duty’’ and inserting ‘‘20 years of active duty’’; and

(2) in paragraph (3), by striking ‘‘18 years’’ and inserting

‘‘24 years’’.

(b) INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF BONUS.—

Paragraph (2)(B) of such subsection is amended by striking

‘‘$60,000’’ and inserting ‘‘$90,000’’.

(c) REPEAL OF REFERENCE TO OBSOLETE SPECIAL PAY.—Paragraph (1) of such subsection is amended—

(1) by inserting ‘‘and’’ at the end of subparagraph (B);

(2) by striking subparagraph (C); and

(3) by redesignating subparagraph (D) as subparagraph

(C).

(d) REPEAL OF OBSOLETE SPECIAL PAY.—

(1) REPEAL.—Section 312a of title 37, United States Code,

is repealed.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of chapter 5 of such title is amended by striking

the item relating to section 312a.

SEC. 630. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED

RESERVE.

(a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.—Subsection

(a)(1) of section 308b of title 37, United States Code, is amended

by striking ‘‘16 years of total military service’’ and inserting ‘‘20

years of total military service’’.

(b) COMPUTATION OF BONUS AMOUNT.—Subsection (b) of such

section is amended by adding at the end the following new paragraph:

‘‘(3) Any portion of a term of reenlistment or extension of

enlistment of a member that, when added to the total years of

service of the member at the time of discharge or release, exceeds

37 USC prec.

301.

119 STAT. 3298 PUBLIC LAW 109–163—JAN. 6, 2006

24 years may not be used in computing the total bonus amount

under paragraph (1).’’.

SEC. 631. CONSOLIDATION AND MODIFICATION OF BONUSES FOR

AFFILIATION OR ENLISTMENT IN THE SELECTED

RESERVE.

(a) CONSOLIDATION AND MODIFICATION OF BONUSES.—Section

308c of title 37, United States Code, is amended to read as follows:

‘‘§ 308c. Special pay: bonus for affiliation or enlistment in

the Selected Reserve

‘‘(a) AFFILIATION BONUS AUTHORIZED.—The Secretary concerned

may pay an affiliation bonus to an enlisted member of an armed

force who—

‘‘(1) has completed fewer than 20 years of military service;

and

‘‘(2) executes a written agreement to serve in the Selected

Reserve of the Ready Reserve of an armed force for a period

of not less than three years in a skill, unit, or pay grade

designated under subsection (b) after being discharged or

released from active duty under honorable conditions.

‘‘(b) DESIGNATION OF SKILLS, UNITS, AND PAY GRADES.—The

Secretary concerned shall designate the skills, units, and pay grades

for which an affiliation bonus may be paid under subsection (a).

Any skill, unit, or pay grade so designated shall be a skill, unit,

or pay grade for which there is a critical need for personnel in

the Selected Reserve of the Ready Reserve of an armed force,

as determined by the Secretary concerned. The Secretary concerned

shall establish other requirements to ensure that members accepted

for affiliation meet required performance and discipline standards.

‘‘(c) ACCESSION BONUS AUTHORIZED.—The Secretary concerned

may pay an accession bonus to a person who—

‘‘(1) has not previously served in the armed forces; and

‘‘(2) executes a written agreement to serve as an enlisted

member in the Selected Reserve of the Ready Reserve of an

armed force for a period of not less than three years upon

acceptance of the agreement by the Secretary concerned.

‘‘(d) LIMITATION ON AMOUNT OF BONUS.—The amount of a bonus

under subsection (a) or (c) may not exceed $20,000.

‘‘(e) PAYMENT METHOD.—Upon acceptance of a written agreement by the Secretary concerned, the total amount of the bonus

payable under the agreement becomes fixed. The agreement shall

specify whether the bonus shall be paid by the Secretary concerned

in a lump sum or in installments.

‘‘(f) CONTINUED ENTITLEMENT TO BONUS PAYMENTS.—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.

‘‘(g) REPAYMENT.—(1) A person who enters into an agreement

under subsection (a) or (c) and receives all or part of the bonus

under the agreement, but who does not commence to serve in

the Selected Reserve 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 the amount of the

bonus so paid, except as otherwise prescribed under paragraph

(2).

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3299

‘‘(2) The Secretary concerned shall prescribe in regulations

whether repayment of an amount otherwise required under paragraph (1) shall be made in whole or in part, the method for computing the amount of such repayment, and any conditions under

which an exception to required repayment would apply.

‘‘(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

subsection (a) or (c) does not discharge the individual signing the

agreement from a debt arising under such agreement or under

paragraph (1).

‘‘(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 of Defense and by

the Secretary of Homeland Security for the Coast Guard when

it is not operating as a service in the Navy.

‘‘(i) TERMINATION OF BONUS AUTHORITY.—No bonus may be

paid under this section with respect to any agreement entered

into under subsection (a) or (c) after December 31, 2006.’’.

(b) REPEAL OF SUPERSEDED AFFILIATION BONUS AUTHORITY.—

Section 308e of such title is repealed.

(c) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 5 of such title is amended—

(1) by striking the item relating to section 308c and

inserting the following new item:

‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve.’’;

and

(2) by striking the item relating to section 308e.

SEC. 632. EXPANSION AND ENHANCEMENT OF SPECIAL PAY FOR

ENLISTED MEMBERS OF THE SELECTED RESERVE

ASSIGNED TO CERTAIN HIGH PRIORITY UNITS.

(a) ELIGIBILITY FOR PAY.—Subsection (a) of section 308d of

title 37, United States Code, is amended by striking ‘‘an enlisted

member’’ and inserting ‘‘a member’’.

(b) AMOUNT OF PAY.—Such subsection is further amended by striking ‘‘$10’’ and inserting ‘‘$50’’.

(c) CONFORMING AND CLERICAL AMENDMENTS.— (1) CONFORMING AMENDMENT.—The heading of such section

is amended to read as follows:

‘‘§ 308d. Special pay: members of the Selected Reserve

assigned to certain high priority units’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of chapter 5 of such title is amended by striking

the item relating to section 308d and inserting the following

new item:

‘‘308d. Special pay: members of the Selected Reserve assigned to certain high priority units.’’.

SEC. 633. ELIGIBILITY REQUIREMENTS FOR PRIOR SERVICE ENLISTMENT BONUS.

Section 308i(a)(2) of title 37, United States Code, is amended—

(1) by striking subparagraph (A) and inserting the following

new subparagraph:

37 USC prec.

301.

Regulations.

119 STAT. 3300 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(A) The person has not more than 16 years of total military

service and received an honorable discharge at the conclusion

of all prior periods of service.’’; and

(2) by striking subparagraph (D).

SEC. 634. INCREASE AND ENHANCEMENT OF AFFILIATION BONUS FOR

OFFICERS OF THE SELECTED RESERVE.

(a) REPEAL OF PROHIBITION ON ELIGIBILITY FOR PRIOR RESERVE

SERVICE.—Subsection (a)(2) of section 308j of title 37, United States

Code, is amended—

(1) in subparagraph (A), by adding ‘‘and’’ at the end;

(2) by striking subparagraph (B); and

(3) by redesignating subparagraph (C) as subparagraph

(B).

(b) INCREASE IN MAXIMUM AMOUNT.—Subsection (d) of such

section is amended by striking ‘‘$6,000’’ and inserting ‘‘$10,000’’.

(c) CONFORMING AND CLERICAL AMENDMENTS.—

(1) CONFORMING AMENDMENT.—The heading of such section

is amended to read as follows:

‘‘§ 308j. Special pay: affiliation bonus for officers in the

Selected Reserve’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of chapter 5 of such title is amended by striking

the item relating to section 308j and inserting the following

new item:

‘‘308j. Special pay: affiliation bonus for officers in the Selected Reserve.’’.

SEC. 635. INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF ENLISTMENT BONUS.

Section 309(a) of title 37, United States Code, is amended

by striking ‘‘$20,000’’ and inserting ‘‘$40,000’’.

SEC. 636. DISCRETION OF SECRETARY OF DEFENSE TO AUTHORIZE

RETROACTIVE HOSTILE FIRE AND IMMINENT DANGER

PAY.

Section 310(c) of title 37, United States Code, is amended—

(1) by redesignating paragraphs (1) and (2) as paragraphs

(2) and (3), respectively; and

(2) by inserting before paragraph (2), as so redesignated,

the following new paragraph (1):

‘‘(1) In the case of an area described in subparagraph (B)

or (D) of subsection (a)(2), the Secretary of Defense shall be responsible for designating the period during which duty in the area

will qualify members for special pay under this section. The effective

date designated for the commencement of such a period may be

a date occurring before, on, or after the actual date on which

the Secretary makes the designation. If the commencement date

for such a period is a date occurring before the date on which

the Secretary makes the designation, the payment of special pay

under this section for the period between the commencement date

and the date on which the Secretary makes the designation shall

be subject to the availability of appropriated funds for that purpose.’’.

37 USC prec.

301.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3301

SEC. 637. INCREASE IN MAXIMUM BONUS AMOUNT FOR NUCLEARQUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE

DUTY.

Section 312(a) of title 37, United States Code, is amended

by striking ‘‘$25,000’’ and inserting ‘‘$30,000’’.

SEC. 638. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CAREER

ANNUAL INCENTIVE BONUS FOR NUCLEAR-QUALIFIED

OFFICERS TRAINED WHILE SERVING AS ENLISTED MEMBERS.

Section 312c(b)(1) of title 37, United States Code, is amended

by striking ‘‘$10,000’’ and inserting ‘‘$14,000’’.

SEC. 639. UNIFORM PAYMENT OF FOREIGN LANGUAGE PROFICIENCY

PAY TO ELIGIBLE RESERVE COMPONENT MEMBERS AND

REGULAR COMPONENT MEMBERS.

(a) AVAILABILITY OF BONUS IN LIEU OF MONTHLY SPECIAL

PAY.—Subsection (a) of section 316 of title 37, United States Code,

is amended—

(1) by striking ‘‘SPECIAL PAY’’ and inserting ‘‘BONUS’’;

(2) by striking ‘‘monthly special pay’’ and inserting ‘‘a

bonus’’; and

(3) by striking ‘‘is entitled to basic pay under section 204

of this title and who’’.

(b) PAYMENT OF BONUS.—Such section is further amended—

(1) by striking subsections (b), (d), (e), and (g);

(2) by redesignating subsections (f) and (h) as subsections

(d) and (f), respectively; and

(3) by inserting after subsection (a) the following new subsection (b):

‘‘(b) BONUS AMOUNT; TIME FOR PAYMENT.—A bonus under subsection (a) may not exceed $12,000 per one-year certification period

under subsection (c). 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. The bonus is

in addition to any other pay or allowance payable to a member

under any other provision of law.’’.

(c) REPAYMENT.—Such section is further amended by inserting

after subsection (d), as redesignated by subsection (b)(2) of this

section, the following new subsection (e):

‘‘(e) REPAYMENT.—(1) A member who receives a bonus under

this section, but who does not satisfy an eligibility requirement

specified in paragraph (1), (2), (3), or (4) of subsection (a) for

the entire certification period, shall repay to the United States

the amount of the bonus so paid, except as otherwise prescribed

under paragraph (2).

‘‘(2) The Secretary concerned shall prescribe in regulations

whether repayment of an amount otherwise required under paragraph (1) shall be made in whole or in part, the method for computing the amount of such repayment, and any conditions under

which an exception to required repayment would apply.

‘‘(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 date on which the member received the bonus

does not discharge the member from a debt arising under paragraph

(1).’’.

Regulations.

119 STAT. 3302 PUBLIC LAW 109–163—JAN. 6, 2006

(d) CONFORMING AMENDMENTS.—Such section is further

amended—

(1) in subsection (c)—

(A) by striking ‘‘special pay or’’ both places it appears;

and

(B) by striking ‘‘or (b)’’;

(2) in subsection (d), as redesignated by subsection (b)(2)

of this section—

(A) in paragraph (1)—

(i) by striking ‘‘monthly special pay or’’ in the

matter preceding subparagraph (A); and

(ii) in subparagraph (C), by striking ‘‘for receipt’’

and all that follows through the period at the end

and inserting ‘‘under subsection (a).’’;

(B) in paragraph (2), by striking ‘‘For purposes’’ and

all that follows through ‘‘the Secretary concerned’’ and

inserting ‘‘The Secretary concerned’’;

(C) in paragraph (3)—

(i) by striking ‘‘special pay or’’ both places it

appears; and

(ii) by striking ‘‘subsection (h)’’ and inserting ‘‘subsection (f)’’; and

(D) in paragraph (4), by striking ‘‘subsection (g)’’ and

inserting ‘‘section 303a(e) of this title’’.

(e) CLERICAL AMENDMENTS.—

(1) SECTION HEADING.—The heading of such section is

amended to read as follows:

‘‘§ 316. Special pay: bonus for members with foreign language

proficiency’’.

(2) TABLE OF SECTIONS.—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: bonus for members with foreign language proficiency.’’.

SEC. 640. RETENTION BONUS FOR MEMBERS QUALIFIED IN CERTAIN

CRITICAL SKILLS OR ASSIGNED TO HIGH PRIORITY

UNITS.

(a) AVAILABILITY OF BONUS FOR RESERVE COMPONENT MEMBERS.—Section 323 of title 37, United States Code, is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking

‘‘who is serving on active duty and’’ and inserting ‘‘who

is serving on active duty in a regular component or in

an active status in a reserve component and who’’;

(B) in paragraph (1), by inserting ‘‘or to remain in

an active status in a reserve component for at least one

year’’ before the semicolon; and

(C) in paragraph (3), by inserting ‘‘or to remain in

an active status in a reserve component for a period of

at least one year’’ before the period; and

(2) in subsection (e)(1), by inserting ‘‘or service in an active

status in a reserve component’’ after ‘‘active duty’’ each place

it appears.

(b) ADDITIONAL CRITERIA FOR BONUS.—Such section is further

amended—

37 USC prec.

301.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3303

(1) in subsection (a), by striking ‘‘designated critical military skill’’ and inserting ‘‘critical military skill designated under

subsection (b) or accepts an assignment to a high priority

unit designated under such subsection’’;

(2) in subsection (b)—

(A) by striking ‘‘DESIGNATION OF CRITICAL

SKILLS.—’’ and inserting ‘‘ELIGIBILITY CRITERIA.—(1)’’; and

(B) by adding at the end the following new paragraph:

‘‘(2) 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, may designate a unit as a high priority

unit regarding which a retention bonus will be provided to a member

of the armed forces who agrees to accept an assignment to the

unit under subsection (a).’’; and

(3) in subsection (h)(1), by striking ‘‘members qualified

in the critical military skills for which the bonuses were offered’’

and inserting ‘‘members of the armed forces who were offered

a bonus under this section’’.

(c) MAXIMUM AMOUNT OF BONUS FOR RESERVE COMPONENT

MEMBERS.—Subsection (d)(1) of such section is amended by

inserting after ‘‘$200,000’’ the following: ‘‘(or $100,000 in the case

of a reserve component member)’’.

(d) EXTENDED ELIGIBILITY PERIOD FOR CERTAIN MEMBERS.—

Subsection (e) of such section is amended by striking paragraph

(2) and inserting the following new paragraphs:

‘‘(2) The limitations in paragraph (1) do not apply with respect

to an officer who, during the period of active duty or service in

an active status in a reserve component for which the bonus is

being offered, is assigned duties as a health care professional.

‘‘(3) The limitations in paragraph (1) do not apply with respect

to a member who, during the period of active duty or service

in an active status in a reserve component for which the bonus

is being offered—

‘‘(A) is qualified in a skill designated as critical under

subsection (b)(1) related to special operations forces; or

‘‘(B) is qualified for duty in connection with the supervision,

operation, and maintenance of naval nuclear propulsion

plants.’’.

(e) REPAYMENT REQUIREMENTS.—Subsection (g)(1) of such section is amended by striking ‘‘If’’ and all that follows through ‘‘under

this section,’’ and inserting ‘‘If a member paid a bonus under this

section fails, during the period of service covered by the member’s

agreement, reenlistment, or voluntary extension of enlistment under

subsection (a), to remain qualified in the critical military skill

or to satisfy the other eligibility criteria for which the bonus was

paid,’’.

(f) CLERICAL AMENDMENTS.—

(1) SECTION HEADING.—The heading of section 323 of such

title is amended to read as follows:

‘‘§ 323. Special pay: retention incentives for members qualified in critical military skills or assigned to high

priority units’’.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 5 of such title is amended by striking the

37 USC prec.

301.

119 STAT. 3304 PUBLIC LAW 109–163—JAN. 6, 2006

item relating to section 323 and inserting the following new

item:

‘‘323. Special pay: retention incentives for members qualified in critical military

skills or assigned to high priority units.’’.

SEC. 641. INCENTIVE BONUS FOR TRANSFER BETWEEN ARMED

FORCES.

(a) IN GENERAL.—Chapter 5 of title 37, United States Code,

is amended by adding at the end the following new section:

‘‘§ 327. Incentive bonus: transfer between armed forces

‘‘(a) INCENTIVE BONUS AUTHORIZED.—A bonus under this section may be paid to an eligible member of a regular component

or reserve component of an armed force who executes a written

agreement—

‘‘(1) to transfer from such regular component or reserve

component to a regular component or reserve component of

another armed force; and

‘‘(2) to serve pursuant to such agreement for a period

of not less than three years in the component to which transferred.

‘‘(b) ELIGIBLE MEMBERS.—A member is eligible to enter into

an agreement under subsection (a) if, as of the date of the agreement, the member—

‘‘(1) has not failed to satisfactorily complete any term of

enlistment in the armed forces;

‘‘(2) is eligible for reenlistment in the armed forces or,

in the case of an officer, is eligible to continue in service

in a regular or reserve component of the armed forces; and

‘‘(3) has fulfilled such requirements for transfer to the

component of the armed force to which the member will transfer

as the Secretary having jurisdiction over such armed force

shall establish.

‘‘(c) LIMITATION.—A member may enter into an agreement

under subsection (a) to transfer to a regular component or reserve

component of another armed force only if the Secretary having

jurisdiction over such armed force determines that there is shortage

of trained and qualified personnel in such component.

‘‘(d) AMOUNT AND PAYMENT OF BONUS.—(1) A bonus under

this section may not exceed $2,500.

‘‘(2) A bonus under this section shall be paid by the Secretary

having jurisdiction of the armed force to which the member to

be paid the bonus is transferring.

‘‘(3) A bonus under this section shall, at the election of the

Secretary paying the bonus—

‘‘(A) be disbursed to the member in one lump sum when

the transfer for which the bonus is paid is approved by the

chief personnel officer of the armed force to which the member

is transferring; or

‘‘(B) be paid to the member in annual installments in

such amounts as may be determined by the Secretary paying

the bonus.

‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—A bonus

paid to a member under this section is in addition to any other

pay and allowances to which the member is entitled.

‘‘(f) REPAYMENT.—(1) A member who is paid a bonus under

an agreement under this section and who, voluntarily or because

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3305

of misconduct, fails to serve for the period covered by such agreement shall refund to the United States an amount which bears

the same ratio to the amount of the bonus paid such member

as the period which such member failed to serve bears to the

total period for which the bonus was paid.

‘‘(2) An obligation to reimburse the United States imposed

under paragraph (1) is for all purposes a debt owed to the United

States.

‘‘(3) A discharge in bankruptcy under title 11 that is entered

less than 5 years after the termination of an agreement under

this section does not discharge the person signing such agreement

from a debt arising under paragraph (1).

‘‘(g) REGULATIONS.—The Secretaries concerned shall prescribe

regulations to carry out this section. Regulations prescribed by

the Secretary of a military department under this subsection shall

be subject to the approval of the Secretary of Defense.

‘‘(h) TERMINATION OF AUTHORITY.—No agreement under this

section may be entered into after December 31, 2006.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by adding at the end

the following new item:

‘‘327. Incentive bonus: transfer between armed forces.’’.

SEC. 642. AVAILABILITY OF SPECIAL PAY FOR MEMBERS DURING

REHABILITATION FROM WOUNDS, INJURIES, AND ILLNESSES INCURRED IN A COMBAT OPERATION OR COMBAT ZONE.

(a) SPECIAL PAY AUTHORIZED.—Chapter 5 of title 37, United

States Code, is amended by inserting after section 327, as added

by section 641, the following new section:

‘‘§ 328. Combat-related injury rehabilitation pay

‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary concerned may

pay monthly special pay under this section to a member of the

armed forces who, while in the line of duty, incurs a wound, injury,

or illness in a combat operation or combat zone designated by

the Secretary of Defense and is evacuated from the theater of

the combat operation or from the combat zone for medical treatment.

‘‘(b) COMMENCEMENT OF PAYMENT.—Subject to subsection (c),

the special pay authorized by subsection (a) may be paid to a

member described in such subsection for any month beginning

after the date on which the member was evacuated from the theater

of the combat operation or the combat zone in which the member

incurred the combat-related injury.

‘‘(c) TERMINATION OF PAYMENTS.—The payment of special pay

to a member under subsection (a) shall terminate at the end of

the first month during which any of the following occurs:

‘‘(1) The member is paid a benefit under the traumatic

injury protection rider of the Servicemembers’ Group Life Insurance Program issued under section 1980A of title 38.

‘‘(2) The member receives notification of the eligibility of

the member for a benefit under such traumatic injury protection

rider and a period of 30 days expires after the date of such

notification.

37 USC prec.

301.

119 STAT. 3306 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(3) The member is no longer hospitalized in a military

treatment facility or a facility under the auspices of the military

health care system.

‘‘(d) AMOUNT OF SPECIAL PAY.—The monthly amount of special pay paid to a member under this section shall be equal to $430,

less any payment received by the member for the same month

under section 310(b) of this title.

‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Special

pay paid to a member under this section is in addition to any

other pay and allowances to which the member is entitled or authorized to receive.’’.

(b) CONTINUATION OF HOSTILE FIRE AND IMMINENT DANGER

PAY DURING HOSPITALIZATION.—Section 310(b) of such title is

amended—

(1) by striking ‘‘A member covered by subsection (a)(2)(C)’’

and all that follows through ‘‘the injury or wound’’ and inserting

‘‘(1) A member described in paragraph (2)’’;

(2) by striking ‘‘so hospitalized’’ and inserting ‘‘hospitalized

as described in such paragraph’’; and

(3) by adding at the end the following new paragraph:

‘‘(2) Paragraph (1) applies with respect to a member who—

‘‘(A) is injured or wounded under the circumstances

described in subsection (a)(2)(C) and is hospitalized for the

treatment of the injury or wound; or

‘‘(B) while in the line of duty, incurs a wound, injury,

or illness in a combat operation or combat zone designated

by the Secretary of Defense and is hospitalized outside of the

theater of the combat operation or the combat zone for the

treatment of the wound, injury, or illness.’’.

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by inserting after the

item relating to section 327, as added by section 641, the following

new item:

‘‘328. Combat-related injury rehabilitation pay.’’.

(d) EFFECTIVE DATE.—The Secretary of a military department

may provide special pay under section 328 of title 37, United

States Code, as added by subsection (a), for months beginning

on or after the date of the enactment of this Act. A member

of the Armed Forces who incurred a wound, injury, or illness

under the circumstances described in subsection (a) of such section

before the date of the enactment of this Act may receive such

pay for such wound, injury, or illness for months beginning on

or after that date so long as the member continues to satisfy

the eligibility criteria specified in such section.

SEC. 643. PAY AND BENEFITS TO FACILITATE VOLUNTARY SEPARATION OF TARGETED MEMBERS OF THE ARMED FORCES.

(a) PAY AND BENEFITS AUTHORIZED.— (1) IN GENERAL.—Chapter 59 of title 10, United States

Code, is amended by inserting after section 1175 the following

new section:

‘‘§ 1175a. Voluntary separation pay and benefits

‘‘(a) IN GENERAL.—Under regulations approved by the Secretary

of Defense, the Secretary concerned may provide voluntary separation pay and benefits in accordance with this section to eligible

37 USC 328 note.

37 USC prec.

301.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3307

members of the armed forces who are voluntarily separated from

active duty in the armed forces.

‘‘(b) ELIGIBLE MEMBERS.—(1) Except as provided in paragraph

(2), a member of the armed forces is eligible for voluntary separation

pay and benefits under this section if the member—

‘‘(A) has served on active duty for more than 6 years

but not more than 20 years;

‘‘(B) has served at least 5 years of continuous active duty

immediately preceding the date of the member’s separation

from active duty;

‘‘(C) has not been approved for payment of a voluntary

separation incentive under section 1175 of this title;

‘‘(D) meets such other requirements as the Secretary concerned may prescribe, which may include requirements relating

to—

‘‘(i) years of service, skill, rating, military specialty,

or competitive category;

‘‘(ii) grade or rank;

‘‘(iii) remaining period of obligated service; or

‘‘(iv) any combination of these factors; and

‘‘(E) requests separation from active duty.

‘‘(2) The following members are not eligible for voluntary separation pay and benefits under this section:

‘‘(A) Members discharged with disability severance pay

under section 1212 of this title.

‘‘(B) Members transferred to the temporary disability

retired list under section 1202 or 1205 of this title.

‘‘(C) Members being evaluated for disability retirement

under chapter 61 of this title.

‘‘(D) Members who have been previously discharged with

voluntary separation pay.

‘‘(E) Members who are subject to pending disciplinary

action or who are subject to administrative separation or

mandatory discharge under any other provision of law or regulations.

‘‘(3) The Secretary concerned shall determine each year the

number of members to be separated, and provided separation pay

and benefits, under this section during the fiscal year beginning

in such year.

‘‘(c) SEPARATION.—Each eligible member of the armed forces

whose request for separation from active duty under subsection

(b)(1)(E) is approved shall be separated from active duty.

‘‘(d) ADDITIONAL SERVICE IN READY RESERVE.—Of the number

of members of the armed forces to be separated from active duty

in a fiscal year, as determined under subsection (b)(3), the Secretary

concerned shall determine a number of such members, in such

skill and grade combinations as the Secretary concerned shall designate, who shall serve in the Ready Reserve, after separation

from active duty, for a period of not less than three years, as

a condition of the receipt of voluntary separation pay and benefits

under this section.

‘‘(e) SEPARATION PAY AND BENEFITS.—(1) A member of the

armed forces who is separated from active duty under subsection

(c) shall be paid voluntary separation pay in accordance with subsection (g) in an amount determined by the Secretary concerned

pursuant to subsection (f).

119 STAT. 3308 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(2) A member who is not entitled to retired or retainer pay

upon separation shall be entitled to the benefits and services provided under—

‘‘(A) chapter 58 of this title during the 180-day period

beginning on the date the member is separated (notwithstanding any termination date for such benefits and services

otherwise applicable under the provisions of such chapter);

and

‘‘(B) sections 404 and 406 of title 37.

‘‘(f) COMPUTATION OF VOLUNTARY SEPARATION PAY.—The Secretary concerned shall specify the amount of voluntary separation

pay that an individual or defined group of members of the armed

forces may be paid under subsection (e)(1). No member may receive

as voluntary separation pay an amount greater than two times

the full amount of separation pay for a member of the same pay

grade and years of service who is involuntarily separated under

section 1174 of this title.

‘‘(g) PAYMENT OF VOLUNTARY SEPARATION PAY.—(1) Voluntary

separation pay under this section may be paid in a single lump

sum.

‘‘(2) In the case of a member of the armed forces who, at

the time of separation under subsection (c), has completed at least

15 years, but less than 20 years, of active service, voluntary separation pay may be paid, at the election of the Secretary concerned,

in—

‘‘(A) a single lump sum;

‘‘(B) installments over a period not to exceed 10 years;

or

‘‘(C) a combination of lump sum and such installments.

‘‘(h) COORDINATION WITH RETIRED OR RETAINER PAY AND DISABILITY COMPENSATION.—(1) A member who is paid voluntary separation pay under this section and who later qualities for retired

or retainer pay under this title or title 14 shall have deducted

from each payment of such retired or retainer pay an amount,

in such schedule of monthly installments as the Secretary concerned

shall specify, until the total amount deducted from such retired

or retainer pay is equal to the total amount of voluntary separation

pay so paid.

‘‘(2)(A) Except as provided in subparagraphs (B) and (C), a

member who is paid voluntary separation pay under this section

shall not be deprived, by reason of the member’s receipt of such

pay, of any disability compensation to which the member is entitled

under the laws administered by the Secretary of Veterans Affairs,

but there shall be deducted from such disability compensation an

amount, in such schedule of monthly installments as the Secretary

concerned shall specify, until the total amount deducted from such

disability compensation is equal to the total amount of voluntary

separation pay so paid, less the amount of Federal income tax

withheld from such pay (such withholding being at the flat withholding rate for Federal income tax withholding, as in effect pursuant to regulations prescribed under chapter 24 of the Internal

Revenue Code of 1986).

‘‘(B) No deduction shall be made from the disability compensation paid to an eligible disabled uniformed services retiree under

section 1413, or to an eligible combat-related disabled uniformed

services retiree under section 1413a of this title, who is paid voluntary separation pay under this section.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3309

‘‘(C) No deduction may be made from the disability compensation paid to a member for the amount of voluntary separation

pay received by the member because of an earlier discharge or

release from a period of active duty if the disability which is

the basis for that disability compensation was incurred or aggravated during a later period of active duty.

‘‘(3) The requirement under this subsection to repay voluntary

separation pay following retirement from the armed forces does

not apply to a member who was eligible to retire at the time

the member applied and was accepted for voluntary separation

pay and benefits under this section.

‘‘(4) The Secretary concerned may waive the requirement to

repay voluntary separation pay under paragraphs (1) and (2) 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.

‘‘(i) RETIREMENT DEFINED.—In this section, the term ‘retirement’ includes a transfer to the Fleet Reserve or Fleet Marine

Corps Reserve.

‘‘(j) REPAYMENT FOR MEMBERS WHO RETURN TO ACTIVE DUTY.— (1) Except as provided in paragraphs (2) and (3), a member of

the armed forces who, after having received all or part of voluntary

separation pay under this section, returns to active duty shall

have deducted from each payment of basic pay, in such schedule

of monthly installments as the Secretary concerned shall specify,

until the total amount deducted from such basic pay equals the

total amount of voluntary separation pay received.

‘‘(2) Members who are involuntarily recalled to active duty

or full-time National Guard duty in accordance with section

12301(a), 12301(b), 12301(g), 12302, 12303, or 12304 of this title

or section 502(f)(1) of title 32 shall not be subject to this subsection.

‘‘(3) Members who are recalled or perform active duty or fulltime National Guard duty in accordance with section 101(d)(1),

101(d)(2), 101(d)(5), 12301(d) (insofar as the period served is less

than 180 consecutive days with the consent of the member), 12319,

or 12503 of title 10, or section 114, 115, or 502(f)(2) of title 32

(insofar as the period served is less than 180 consecutive days

with consent of the member), shall not be subject to this subsection.

‘‘(4) The Secretary of Defense may waive, in whole or in part,

repayment 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. The authority

in this paragraph may be delegated only to the Undersecretary

of Defense for Personnel and Readiness and the Principal Deputy

Undersecretary of Defense for Personnel and Readiness.

‘‘(k) TERMINATION OF AUTHORITY.—(1) The authority to separate

a member of the armed forces from active duty under subsection

(c) shall terminate on December 31, 2008.

‘‘(2) A member who separates by the date specified in paragraph

(1) may continue to be provided voluntary separation pay and

benefits under this section until the member has received the

entire amount of pay and benefits to which the member is entitled

under this section.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of chapter 59 of such title is amended by inserting

after the item relating to section 1175 the following new item:

‘‘1175a. Voluntary separation pay and benefits.’’.

10 USC prec.

1161.

119 STAT. 3310 PUBLIC LAW 109–163—JAN. 6, 2006

(b) LIMITATION ON APPLICABILITY.—During the period beginning

on the date of the enactment of this Act and ending on December

31, 2008, the members of the Armed Forces who are eligible for

separation, and for the provision of voluntary separation pay and

benefits, under section 1175a of title 10, United States Code (as

added by subsection (a)), shall be limited to officers of the Armed

Forces who meet the eligibility requirements of section 1175a(b)

of title 10, United States Code (as so added), but have not completed

more than 12 years of active service as of the date of separation

from active duty.

SEC. 644. RATIFICATION OF PAYMENT OF CRITICAL-SKILLS ACCESSION

BONUS FOR PERSONS ENROLLED IN SENIOR RESERVE

OFFICERS’ TRAINING CORPS OBTAINING NURSING

DEGREES.

(a) ACCESSION BONUS AUTHORIZED.—In the case of an agreement executed under section 324 of title 37, United States Code,

from October 5, 2004, through December 31, 2005, between the

Secretary of the Army and a person who completed the second

year of an accredited baccalaureate degree program in nursing

to serve in the Army Nurse Corps, the payment of an accession

bonus to the person under such section is authorized even though

the person did not possess a skill designated as critical and, at

the time of the agreement, was enrolled in the Senior Reserve

Officers’ Training Corps program of the Army for advanced training

under chapter 103 of title 10, United States Code, including a

person receiving financial assistance under section 2107 of such

title.

(b) LIMITATION ON AMOUNT OF BONUS.—The amount of the

accession bonus referred to in subsection (a) may not exceed $5,000.

SEC. 645. TEMPORARY AUTHORITY TO PAY BONUS TO ENCOURAGE

MEMBERS OF THE ARMY TO REFER OTHER PERSONS FOR

ENLISTMENT IN THE ARMY.

(a) AUTHORITY TO PAY BONUS.—The Secretary of the Army

may pay a bonus under this section to a member of the Army,

whether in the regular component of the Army or in the Army

National Guard or Army Reserve, who refers to an Army recruiter

a person who has not previously served in an Armed Force and

who, after such referral, enlists in the regular component of the

Army or in the Army National Guard or Army Reserve.

(b) REFERRAL.—For purposes of this section, a referral for which

a bonus may be paid under subsection (a) occurs—

(1) when a member of the Army contacts an Army recruiter

on behalf of a person interested in enlisting in the Army;

or

(2) when a person interested in enlisting in the Army

contacts the Army recruiter and informs the recruiter of the

role of the member in initially recruiting the person.

(c) CERTAIN REFERRALS INELIGIBLE.—

(1) REFERRAL OF IMMEDIATE FAMILY.—A member of the

Army may not be paid a bonus under subsection (a) for the

referral of an immediate family member.

(2) MEMBERS IN RECRUITING ROLES.—A member of the

Army serving in a recruiting or retention assignment, or

assigned to other duties regarding which eligibility for a bonus

under subsection (a) could (as determined by the Secretary)

10 USC 1175a

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3311

be perceived as creating a conflict of interest, may not be

paid a bonus under subsection (a).

(d) AMOUNT OF BONUS.—The amount of the bonus paid for

a referral under subsection (a) may not exceed $1,000. The bonus

shall be paid in a lump sum.

(e) TIME OF PAYMENT.—A bonus may not be paid under subsection (a) with respect to a person who enlists in the Army until

the person completes basic training and individual advanced

training.

(f) RELATION TO PROHIBITION ON BOUNTIES.—The referral bonus

authorized by this section is not a bounty for purposes of section

514(a) of title 10, United States Code.

(g) DURATION OF AUTHORITY.—A bonus may not be paid under

subsection (a) with respect to any referral that occurs after

December 31, 2007.

Subtitle C—Travel and Transportation

Allowances

SEC. 651. AUTHORIZED ABSENCES OF MEMBERS FOR WHICH LODGING

EXPENSES AT TEMPORARY DUTY LOCATION MAY BE

PAID.

(a) ABSENCES COVERED BY ALLOWANCE.—Section 404b of title

37, United States Code, is amended—

(1) in subsection (a), by striking ‘‘while the member is

in an authorized leave status’’ and inserting ‘‘during an authorized absence of the member from the temporary duty location’’;

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘taking the authorized

leave’’ and inserting ‘‘the authorized absence’’; and

(B) in paragraph (3), by striking ‘‘immediately after

completing the authorized leave’’ and inserting ‘‘before the

end of the authorized absence’’;

(3) in subsection (c), by striking ‘‘while the member was

in an authorized leave status’’ and inserting ‘‘during the authorized absence of the member’’; and

(4) by adding at the end the following new subsection:

‘‘(d) AUTHORIZED ABSENCE DEFINED.—In this section, the term

‘authorized absence’, with respect to a member, means that the

member is in an authorized leave status or that the absence of

the member is otherwise authorized under regulations prescribed

by the Secretary concerned.’’.

(b) CLERICAL AMENDMENTS.—

(1) SECTION HEADING.—The heading of such section is

amended to read as follows:

‘‘§ 404b. Travel and transportation allowances: payment of

lodging expenses at temporary duty location

during authorized absence of member’’.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 7 of such title is amended by striking the 37 USC prec.

401.

119 STAT. 3312 PUBLIC LAW 109–163—JAN. 6, 2006

item relating to section 404b and inserting the following new

item:

‘‘404b. Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member.’’.

SEC. 652. EXTENDED PERIOD FOR SELECTION OF HOME FOR TRAVEL

AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS

OF DECEASED MEMBERS.

(a) DEATH OF MEMBERS ENTITLED TO BASIC PAY.—Subsection

(f) section 406 of title 37, United States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(f)’’;

(2) by striking ‘‘he’’ and inserting ‘‘the member’’; and

(3) by adding at the end the following new paragraph:

‘‘(2) The Secretary concerned shall give the dependents of a

member described in paragraph (1) a period of not less than three

years, beginning on the date of the death of the member, during

which to select a home for the purposes of the travel and transportation allowances authorized by this section.’’.

(b) CERTAIN OTHER DECEASED MEMBERS.—Subsection (g)(3) of

such section is amended in the first sentence—

(1) by striking ‘‘he exercises it’’ and inserting ‘‘the member

exercises the right or entitlement’’;

(2) by striking ‘‘his surviving dependents or, if’’ and

inserting ‘‘the surviving dependents at any time before the

end of the three-year period beginning on the date on which

the member accrued that right or entitlement. If’’; and

(3) by striking ‘‘his baggage and household effects’’ and

inserting ‘‘the baggage and household effects of the deceased

member’’.

SEC. 653. TRANSPORTATION OF FAMILY MEMBERS IN CONNECTION

WITH THE REPATRIATION OF MEMBERS HELD CAPTIVE.

(a) ALLOWANCES AUTHORIZED.—Chapter 7 of title 37, United

States Code, is amended by inserting after section 411i the following

new section:

‘‘§ 411j. Travel and transportation allowances: transportation

of family members incident to the repatriation

of members held captive

‘‘(a) ALLOWANCE FOR FAMILY MEMBERS AND CERTAIN OTHERS.—

(1) Under uniform regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (d) may

be provided for not more than three family members of a member

described in subsection (b).

‘‘(2) In addition to the family members authorized to be provided

travel and transportation under paragraph (1), the Secretary concerned may provide travel and transportation described in subsection (d) to an attendant to accompany a family member described

in that paragraph if the Secretary determines that—

‘‘(A) the family member to be accompanied is unable to

travel unattended because of age, physical condition, or other

reason determined by the Secretary; and

‘‘(B) no other family member who is eligible for travel

and transportation under paragraph (1) is able to serve as

an attendant for the family member.

‘‘(3) If no family member of a member described in subsection

(b) is able to travel to the repatriation site of the member, travel

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3313

and transportation described in subsection (d) may be provided

to not more than 2 persons related to and selected by the member.

‘‘(4) In circumstances determined to be appropriate by the Secretary concerned, the Secretary may waive the limitation on the

number of family members of a member provided travel and

transportation allowances under this section.

‘‘(b) COVERED MEMBERS.—A member described in this subsection is a member of the uniformed services who—

‘‘(1) is serving on active duty;

‘‘(2) was held captive, as determined by the Secretary concerned; and

‘‘(3) is repatriated to a site inside or outside the United

States.

‘‘(c) ELIGIBLE FAMILY MEMBERS.—In this section, the term

‘family member’ has the meaning given the term in section 411h(b)

of this title.

‘‘(d) TRAVEL AND TRANSPORTATION AUTHORIZED.—(1) The

transportation authorized by subsection (a) is round-trip transportation between the home of the family member (or home of the

attendant or person provided transportation under paragraph (2)

or (3) of subsection (a), as the case may be) and the location

of the repatriation site at which the member is located.

‘‘(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 established for such allowances and expenses under section 404(d) of

this title.

‘‘(3) The transportation authorized by subsection (a) may be

provided by any of the means described in section 411h(d)(1) of

this title.

‘‘(4) An allowance under this subsection may be paid in advance.

‘‘(5) Reimbursement payable under this subsection may not

exceed the cost of Government-procured round-trip air travel.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 of such title is amended by inserting after the

item relating to section 411i the following new item:

‘‘411j. Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive.’’.

SEC. 654. INCREASED WEIGHT ALLOWANCES FOR SHIPMENT OF

HOUSEHOLD GOODS OF SENIOR NONCOMMISSIONED

OFFICERS.

(a) INCREASE.—The table in section 406(b)(1)(C) of title 37,

United States Code, is amended by striking the items relating

to pay grades E–7 through E–9 and inserting the following new

items:

‘‘E–9 .............................................................. 13,000 15,000

E–8 .............................................................. 12,000 14,000

E–7 .............................................................. 11,000 13,000’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on January 1, 2006, and apply with respect to

37 USC prec.

401.

119 STAT. 3314 PUBLIC LAW 109–163—JAN. 6, 2006

an order in connection with a change of temporary or permanent

station issued on or after that date.

SEC. 655. PERMANENT AUTHORITY TO PROVIDE TRAVEL AND

TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS

TO VISIT HOSPITALIZED MEMBERS OF THE ARMED

FORCES INJURED IN COMBAT OPERATION OR COMBAT

ZONE.

(a) AUTHORITY TO CONTINUE ALLOWANCE.—Section 1026 of division A of the Emergency Supplemental Appropriations Act for

Defense, the Global War on Terror, and Tsunami Relief, 2005

(Public Law 109–13; 119 Stat. 254), is amended by striking subsections (d) and (e).

(b) CONFORMING AMENDMENT.—Subsection (a)(2)(B)(ii) of section 411h of title 37, United States Code, as added by section

1026 of division A of the Emergency Supplemental Appropriations

Act for Defense, the Global War on Terror, and Tsunami Relief,

2005, is amended by striking ‘‘under section 1967(e)(1)(A) of title

38’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the earlier of the following:

(1) The date of the enactment of this Act.

(2) The date specified in section 106(3) of Public Law 109–

77 (119 Stat. 2039).

Subtitle D—Retired Pay and Survivor

Benefits

SEC. 661. MONTHLY DISBURSEMENT TO STATES OF STATE INCOME

TAX WITHHELD FROM RETIRED OR RETAINER PAY.

Section 1045(a) of title 10, United States Code, is amended

in the third sentence—

(1) by striking ‘‘quarter’’ the first place it appears and

inserting ‘‘month’’; and

(2) by striking ‘‘during the month following that calendar

quarter’’ and inserting ‘‘during the following calendar month’’.

SEC. 662. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR

INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE.

(a) PROHIBITION OF INTERMENT IN NATIONAL CEMETERIES.—

Section 2411 of title 38, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking ‘‘for which the person

was sentenced to death or life imprisonment’’ and inserting

‘‘and whose conviction is final (other than a person whose

sentence was commuted by the President)’’; and

(B) in paragraph (2), by striking ‘‘for which the person

was sentenced to death or life imprisonment without

parole’’ and inserting ‘‘and whose conviction is final (other

than a person whose sentence was commuted by the Governor of a State)’’; and

(2) in subsection (d)—

(A) in paragraph (1), by striking ‘‘the death penalty

or life imprisonment may be imposed’’ and inserting ‘‘a

sentence of imprisonment for life or the death penalty

may be imposed’’; and

37 USC 411h

note.

37 USC 411h

notes.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3315

(B) in paragraph (2), by striking ‘‘the death penalty

or life imprisonment without parole may be imposed’’ and

inserting ‘‘a sentence of imprisonment for life or the death

penalty may be imposed’’.

(b) PROHIBITION OF CERTAIN DEPARTMENT OF DEFENSE BENEFITS.—

(1) ADDITIONAL CIRCUMSTANCES FOR PROHIBITION OF

PERFORMANCE OF MILITARY HONORS.—Subsection (a) of section

985 of title 10, United States Code, is amended—

(A) by inserting ‘‘(under section 1491 of this title or

any other authority)’’ after ‘‘military honors’’; and

(B) by striking ‘‘a person who’’ and all that follows

and inserting the following: ‘‘any of the following persons:

‘‘(1) A person described in section 2411(b) of title 38.

‘‘(2) A person who is a veteran (as defined in section 1491(h)

of this title) or who died while on active duty or a member

of a reserve component, when the circumstances surrounding

the person’s death or other circumstances as specified by the

Secretary of Defense are such that to provide military honors

at the funeral or burial of the person would bring discredit

upon the person’s service (or former service).’’.

(2) ADDITIONAL CIRCUMSTANCES FOR PROHIBITION OF INTERMENT IN MILITARY CEMETERY.—Subsection (b) of such section

is amended by striking ‘‘convicted of a capital offense under

Federal law’’ and inserting ‘‘who is ineligible for interment

in a national cemetery under the control of the National Cemetery Administration by reason of section 2411(b) of title 38’’.

(3) CONFORMING AMENDMENT.—Subsection (c) such section

is amended to read as follows:

‘‘(c) DEFINITION.—In this section, the term ‘burial’ includes

inurnment.’’.

(4) PROHIBITION OF FUNERAL HONORS.—Section 1491(a) of

title 10, United States Code, is amended by inserting before

the period at the end the following: ‘‘, except when military

honors are prohibited under section 985(a) of this title’’.

(c) CLERICAL AMENDMENTS.—

(1) SECTION HEADING.—The heading of section 985 of such

title is amended to read as follows:

‘‘§ 985. Persons convicted of capital crimes; certain other

persons: denial of specified burial-related benefits’’.

(2) TABLE OF SECTIONS.—The item relating to section 985

in the table of sections at the beginning of chapter 49 of

such title is amended to read as follows:

‘‘985. Persons convicted of capital crimes; certain other persons: denial of specified

burial-related benefits.’’.

(d) RULEMAKING.—

(1) DEPARTMENT OF VETERANS AFFAIRS.—The Secretary of

Veterans Affairs shall prescribe regulations to ensure that a

person is not interred in any cemetery in the National Cemetery

System unless a good faith effort has been made to determine

whether such person is ineligible for such interment or honors

by reason of being a person described in section 2411(b) of

title 38, United States Code, or is otherwise ineligible for such

interment under Federal law.

38 USC 2411

note.

Supra.

119 STAT. 3316 PUBLIC LAW 109–163—JAN. 6, 2006

(2) DEPARTMENT OF DEFENSE.—The Secretary of Defense

shall prescribe regulations to ensure that a person is not

interred in any military cemetery under the authority of the

Secretary of a military department or provided funeral honors

under section 1491 of title 10, United States Code, unless

a good faith effort has been made to determine whether such

person is ineligible for such interment or honors by reason

of being a person described in section 2411(b) of title 38, United

States Code, or is otherwise ineligible for such interment or

honors under Federal law.

(e) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to funerals and burials that occur on

or after the date of the enactment of this Act.

SEC. 663. CONCURRENT RECEIPT OF VETERANS’ DISABILITY COMPENSATION AND MILITARY RETIRED PAY.

Section 1414(a)(1) of title 10, United States Code, is amended

by inserting before the period at the end the following: ‘‘, and

in the case of a qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason

of a determination of individual unemployability, payment of retired

pay to such veteran is subject to subsection (c) only during the

period beginning on January 1, 2004, and ending on September

30, 2009’’.

SEC. 664. ADDITIONAL AMOUNTS OF DEATH GRATUITY FOR SURVIVORS OF CERTAIN MEMBERS OF THE ARMED FORCES

DYING ON ACTIVE DUTY.

(a) INCREASED AMOUNT OF DEATH GRATUITY.— (1) INCREASED AMOUNT.—Subsection (a) of section 1478

of title 10, United States Code, is amended by striking ‘‘$12,000’’

and inserting ‘‘$100,000’’.

(2) AMENDMENTS.—Such section is further amended—

(A) in the first sentence of subsection (a), by striking

‘‘(as’’ and all that follows in that sentence and inserting

a period; and

(B) by striking subsection (c).

(3) EFFECTIVE DATE.—The amendment made by paragraph

(1) shall take effect as of October 7, 2001, and shall apply

to deaths occurring on or after the date of the enactment

of this Act and, subject to subsection (c), to deaths occurring

during the period beginning on October 7, 2001, and ending

on the day before the date of the enactment of this Act.

(b) RETROACTIVE PAYMENT OF ADDITIONAL DEATH GRATUITY

FOR CERTAIN MEMBERS NOT PREVIOUSLY COVERED.—Such section

is further amended by adding at the end the following new subsection:

‘‘(d)(1) In the case of a person described in paragraph (2),

a death gratuity shall be payable, subject to section 664(c) of the

National Defense Authorization Act for Fiscal Year 2006, for the

death of such person that is in addition to the death gratuity

payable in the case of such death under subsection (a).

‘‘(2) This subsection applies in the case of a person who died

during the period beginning on October 7, 2001, and ending on

May 11, 2005, while a member of the armed forces on active

duty and whose death did not establish eligibility for an additional

death gratuity under the prior subsection (e) of this section (as

added by section 1013(b) of Public Law 109–13; 119 Stat. 247),

10 USC 1478

note.

Effective date.

10 USC 985 note.

10 USC 985 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3317

because the person was not described in paragraph (2) of that

prior subsection.

‘‘(3) The amount of additional death gratuity payable under

this subsection shall be $150,000.

‘‘(4) A payment pursuant to this subsection shall be paid in

the same manner as provided under paragraph (4) of the prior

subsection (e) of this section (as added by section 1013(b) of Public

Law 109–13; 119 Stat. 247), for payments pursuant to paragraph

(3)(A) of that prior subsection.’’.

(c) FUNDING.—Amounts for payments after the date of the

enactment of this Act by reason of the amendments made by subsection (a) with respect to deaths before the date of the date of

the enactment of this Act, and amounts for payments under subsection (d) of section 1478 of title 10, United States Code, as

added by subsection (b), shall be derived from supplemental appropriations for the Department of Defense for fiscal year 2006 for

military operations in Iraq and Afghanistan and the Global War

on Terrorism, contingent upon such appropriations being enacted.

(d) COORDINATION OF AMENDMENTS.—If the date of the enactment of this Act occurs before the date specified in section 106(3)

of Public Law 109–77—

(1) effective as of such date of enactment, the amendments

made to section 1478 of title 10, United States Code, by section

1013 of Public Law 109–13 are repealed; and

(2) effective immediately before the execution of the amendments made by this section, the provisions of section 1478

of title 10, United States Code, as in effect on the day before

the date of the enactment of Public Law 109–13, are revived.

SEC. 665. CHILD SUPPORT FOR CERTAIN MINOR CHILDREN OF RETIREMENT-ELIGIBLE MEMBERS CONVICTED OF DOMESTIC

VIOLENCE RESULTING IN DEATH OF CHILD’S OTHER

PARENT.

(a) AUTHORITY FOR COURT-ORDERED PAYMENTS.—Section

1408(h) of title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and

(B) by adding at the end of such paragraph the following:

‘‘(B) If, in the case of a member or former member of the

armed forces referred to in paragraph (2)(A), a court order provides

for the payment as child support of an amount from the disposable

retired pay of that member or former member (as certified under

paragraph (4)) to an eligible dependent child of the member or

former member, the Secretary concerned, beginning upon effective

service of such court order, shall pay that amount in accordance

with this subsection to such dependent child.’’;

(2) in paragraph (2)—

(A) in the matter preceding subparagraph (A), by

inserting ‘‘, or a dependent child,’’ after ‘‘former spouse’’;

(B) in subparagraph (B)—

(i) by inserting ‘‘in the case of eligibility of a spouse

or former spouse under paragraph (1)(A),’’ after ‘‘(B)’’;

and

(ii) by striking the period at the end and inserting

‘‘; and’’; and

119 STAT. 3318 PUBLIC LAW 109–163—JAN. 6, 2006

(C) by adding at the end the following new subparagraph:

‘‘(C) in the case of eligibility of a dependent child under

paragraph (1)(B), the other parent of the child died as a result

of the misconduct that resulted in the termination of retired

pay.’’;

(3) in paragraph (4), by inserting ‘‘, or an eligible dependent

child,’’ after ‘‘former spouse’’;

(4) in paragraph (5), by inserting ‘‘, or the dependent child,’’

after ‘‘former spouse’’; and

(5) in paragraph (6), by inserting ‘‘, or to a dependent

child,’’ after ‘‘former spouse’’.

(b) EFFECTIVE DATE.—A court order authorized by the amendments made by this section may not provide for a payment attributable to any period before the date of the enactment of this

Act, or the date of the court order, whichever is later.

SEC. 666. COMPTROLLER GENERAL REPORT ON ACTUARIAL SOUNDNESS OF THE SURVIVOR BENEFIT PLAN.

(a) REPORT.—Not later than July 31, 2006, the Comptroller

General shall submit to the Committees on Armed Services of

the Senate and the House of Representatives a report on the actuarial soundness of the Survivor Benefit Plan program under subchapter II of chapter 73 of title 10, United States Code.

(b) ELEMENTS.—The report required by subsection (a) shall

include the following:

(1) An assessment of the implications for the actuarial

soundness of the Survivor Benefit Plan program of recent

improvements to that program, including the implications of

such improvements for the actuarial soundness of that program

with respect to various categories of participants in the program

and with respect to the program as a whole.

(2) An assessment of the implications for Government contributions and payments to the Survivor Benefit Plan program

of the improvements to that program covered by paragraph

(1), including the implications of such improvements on such

contributions and payments with respect to various categories

of participants in the program and with respect to the program

as a whole.

(3) An assessment of the implications for the actuarial

soundness of the Survivor Benefit Plan program, and for

Government contributions and payments to that program, of—

(A) enactment of a law permitting participants in that

program to designate an insurable interest beneficiary if

a previously designated beneficiary dies; and

(B) enactment of a law repealing the provisions of

sections 1450(c) and 1451(c)(2) of title 10, United States

Code, that require the reduction of an annuity paid to

a beneficiary under that program by the amount of dependency and indemnity compensation paid to the same beneficiary under section 1311(a) of title 38, United States

Code.

(c) GOVERNMENT CONTRIBUTIONS.—In making the assessments

under paragraphs (2) and (3) of subsection (b), the Comptroller

General, in considering the Government contributions to the Survivor Benefit Plan program, shall consider both the Government’s

10 USC 1408

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3319

normal cost contributions under the program and the Government’s

payments to amortize unfunded liability under the program.

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits

SEC. 671. INCREASE IN AUTHORIZED LEVEL OF SUPPLIES AND SERVICES PROCUREMENT FROM OVERSEAS EXCHANGE

STORES.

Section 2424(b) of title 10, United States Code, is amended

by striking ‘‘$50,000’’ and inserting ‘‘$100,000’’.

SEC. 672. REQUIREMENTS FOR PRIVATE OPERATION OF COMMISSARY

STORE FUNCTIONS.

Section 2485(a)(2) of title 10, United States Code, is amended

by adding at the end the following new sentence: ‘‘Until December

31, 2008, the Defense Commissary Agency is not required to conduct

any cost-comparison study under the policies and procedures of

Office of Management and Budget Circular A–76 relating to the

possible contracting out of commissary store functions.’’.

SEC. 673. PROVISION OF AND PAYMENT FOR OVERSEAS TRANSPORTATION SERVICES FOR COMMISSARY AND EXCHANGE

SUPPLIES AND PRODUCTS.

Section 2643 of title 10, United States Code, is amended—

(1) by inserting ‘‘(a) TRANSPORTATION OPTIONS.—’’ before

‘‘The Secretary’’;

(2) in the first sentence, by striking ‘‘by sea without relying

on the Military Sealift Command’’ and inserting ‘‘to destinations

outside the continental United States without relying on the

Air Mobility Command, the Military Sealift Command,’’;

(3) in the second sentence, by striking ‘‘transportation contracts’’ and inserting ‘‘contracts for sea-borne transportation’’;

and

(4) by adding at the end the following new subsection:

‘‘(b) PAYMENT OF TRANSPORTATION COSTS.—Section 2483(b)(5)

of this title, regarding the use of appropriated funds to cover the

expenses of operating commissary stores, shall apply to the

transportation of commissary supplies and products. Appropriated

funds for the Department of Defense shall also be used to cover

the expenses of transporting exchange supplies and products to

destinations outside the continental United States.’’.

SEC. 674. COMPENSATORY TIME OFF FOR CERTAIN NONAPPROPRIATED FUND EMPLOYEES.

Section 5543 of title 5, United States Code, is amended by

adding at the end the following new subsection:

‘‘(d)(1) The appropriate Secretary may, on request of an

employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c),

grant such employee compensatory time off from duty instead of

overtime pay for overtime work.

‘‘(2) For purposes of this subsection, the term ‘appropriate Secretary’ means—

Effective date.

119 STAT. 3320 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(A) with respect to an employee of a nonappropriated

fund instrumentality of the Department of Defense, the Secretary of Defense; and

‘‘(B) with respect to an employee of a nonappropriated

fund instrumentality of the Coast Guard, the Secretary of the

Executive department in which it is operating.’’.

SEC. 675. REST AND RECUPERATION LEAVE PROGRAMS.

(a) AVAILABILITY OF FUNDS FOR REIMBURSEMENT OF

EXPENSES.—Of the amount authorized to be appropriated by section

301(5) for operation and maintenance for Defense-wide activities,

$7,000,000 may be available for the reimbursement of expenses

of the Armed Forces Recreation Centers related to the utilization

of the facilities of the Armed Forces Recreation Centers under

official Rest and Recuperation Leave Programs authorized by the

military departments or combatant commanders.

(b) UTILIZATION OF REIMBURSEMENTS.—Amounts received by

the Armed Forces Recreation Centers under subsection (a) as

reimbursement for expenses may be utilized by such Centers for

facility maintenance and repair, utility expenses, correction of

health and safety deficiencies, and routine ground maintenance.

(c) REGULATIONS.—The utilization of facilities of the Armed

Forces Recreation Centers under Rest and Recuperation Leave Programs, and reimbursement for expenses related to such utilization

of such facilities, shall be subject to regulations prescribed by the

Secretary of Defense.

Subtitle F—Other Matters

SEC. 681. TEMPORARY ARMY AUTHORITY TO PROVIDE ADDITIONAL

RECRUITMENT INCENTIVES.

(a) AUTHORITY TO DEVELOP AND PROVIDE RECRUITMENT INCENTIVES.—The Secretary of the Army may develop and provide incentives not otherwise authorized by law to encourage individuals

to accept commissions as officers or to enlist in the Army.

(b) RELATION TO OTHER PERSONNEL AUTHORITIES.—A recruitment incentive developed under subsection (a) may be provided—

(1) without regard to the lack of specific authority for

the incentive under title 10 or 37, United States Code; and

(2) notwithstanding any provision of such titles, or any

rule or regulation prescribed under such provision, relating

to methods of—

(A) determining requirements for, and the compensation of, members of the Army who are assigned duty as

military recruiters; or

(B) providing incentives to individuals to accept

commissions or enlist in the Army, including the provision

of group or individual bonuses, pay, or other incentives.

(c) WAIVER OF OTHERWISE APPLICABLE LAWS.—A provision of

title 10 or 37, United States Code, may not be waived with respect

to, or otherwise determined to be inapplicable to, the provision

of a recruitment incentive developed under subsection (a) without

the approval of the Secretary of Defense.

(d) NOTICE AND WAIT REQUIREMENT.—A recruitment incentive

developed under subsection (a) may not be provided to individuals

until—

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3321

(1) the Secretary of the Army submits to Congress, the

appropriate elements of the Department of Defense, and the

Comptroller General a plan that includes—

(A) a description of the incentive, including the purpose

of the incentive and the potential recruits to be addressed

by the incentive;

(B) a description of the provisions of titles 10 and

37, United States Code, from which the incentive would

require a waiver and the rationale to support the waiver;

(C) a statement of the anticipated outcomes as a result

of providing the incentive; and

(D) the method to be used to evaluate the effectiveness

of the incentive; and

(2) a 45-day period beginning on the date on which the

plan was received by Congress expires.

(e) LIMITATION ON NUMBER OF INCENTIVES.—Not more than

four recruitment incentives may be provided under the authority

of this section.

(f) LIMITATION ON NUMBER OF INDIVIDUALS RECEIVING INCENTIVES.—The number of individuals who receive one or more of

the recruitment incentives provided under subsection (a) during

a fiscal year may not exceed the number of individuals equal

to 20 percent of the accession mission of the Army for that fiscal

year.

(g) DURATION OF DEVELOPED INCENTIVE.—A recruitment incentive developed under subsection (a) may be provided for not longer

than a three-year period beginning on the date on which the incentive is first provided, except that the Secretary of the Army may

extend the period if the Secretary determines that additional time

is needed to fully evaluate the effectiveness of the incentive.

(h) REPORTING REQUIREMENTS.—

(1) SECRETARY OF THE ARMY REPORT.—The Secretary of

the Army shall submit to Congress an annual report on the

recruitment incentives provided under subsection (a) during

the preceding year, including—

(A) a description of the incentives provided under subsection (a) during that fiscal year; and

(B) an assessment of the impact of the incentives on

the recruitment of individuals as officers or enlisted members.

(2) COMPTROLLER GENERAL REPORT.—As soon as practicable

after receipt of each plan under subsection (d), the Comptroller

General shall submit to Congress a report evaluating the

expected outcomes of the recruitment incentive covered by the

plan in terms of cost effectiveness and mission achievement.

(i) TERMINATION OF AUTHORITY TO PROVIDE INCENTIVES.—Notwithstanding subsection (g), the authority to provide recruitment

incentives under this section expires on December 31, 2009.

SEC. 682. CLARIFICATION OF LEAVE ACCRUAL FOR MEMBERS

ASSIGNED TO A DEPLOYABLE SHIP OR MOBILE UNIT OR

OTHER DUTY.

Subparagraph (B) of section 701(f)(1) of title 10, United States

Code, is amended to read as follows:

‘‘(B) This subsection applies to a member who—

119 STAT. 3322 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(i) serves on active duty for a continuous period of at

least 120 days in an area in which the member is entitled

to special pay under section 310(a) of title 37;

‘‘(ii) is assigned to a deployable ship or mobile unit or

to other duty designated for the purpose of this section; or

‘‘(iii) on or after August 29, 2005, performs duty designated

by the Secretary of Defense as qualifying duty for purposes

of this subsection.’’.

SEC. 683. EXPANSION OF AUTHORITY TO REMIT OR CANCEL INDEBTEDNESS OF MEMBERS OF THE ARMED FORCES INCURRED

ON ACTIVE DUTY.

(a) INDEBTEDNESS OF MEMBERS OF THE ARMY.—

(1) AUTHORITY.—Section 4837 of title 10, United States

Code, is amended to read as follows:

‘‘§ 4837. Settlement of accounts: remission or cancellation

of indebtedness of members

‘‘(a) IN GENERAL.—If the Secretary considers it to be in the

best interest of the United States, the Secretary may have remitted

or cancelled any part of the indebtedness of a member of the

Army on active duty, or a member of a reserve component of

the Army in an active status, to the United States or any instrumentality of the United States incurred while the member was serving

on active duty.

‘‘(b) PERIOD OF EXERCISE OF AUTHORITY.—The Secretary may

exercise the authority in subsection (a) with respect to a member—

‘‘(1) while the member is on active duty or in active status,

as the case may be;

‘‘(2) if discharged from the armed forces under honorable

conditions, during the one-year period beginning on the date

of such discharge; or

‘‘(3) if released from active status in a reserve component,

during the one-year period beginning on the date of such

release.

‘‘(c) RETROACTIVE APPLICABILITY TO CERTAIN DEBTS.—The

authority in subsection (a) may be exercised with respect to any

debt covered by that subsection that is incurred on or after October

7, 2001.

‘‘(d) REGULATIONS.—This section shall be administered under

regulations prescribed by the Secretary of Defense.’’.

(2) CLERICAL AMENDMENT.—The item relating to that section in the table of sections at the beginning of chapter 453

of such title is amended by striking the penultimate word.

(3) TERMINATION.—The amendments made by this subsection shall terminate on December 31, 2007. Effective on

that date, section 4873 of title 10, United States Code, as

in effect on the day before the date of the enactment of this

Act shall be revived.

(b) INDEBTEDNESS OF MEMBERS OF THE NAVY.—

(1) AUTHORITY.—Section 6161 of title 10, United States

Code, is amended to read as follows:

‘‘§ 6161. Settlement of accounts: remission or cancellation

of indebtedness of members

‘‘(a) IN GENERAL.—If the Secretary of the Navy considers it

to be in the best interest of the United States, the Secretary

10 USC 4837

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3323

may have remitted or cancelled any part of the indebtedness of

a member of the Navy on active duty, or a member of a reserve

component of the Navy in an active status, to the United States

or any instrumentality of the United States incurred while the

member was serving on active duty.

‘‘(b) PERIOD OF EXERCISE OF AUTHORITY.—The Secretary of

the Navy may exercise the authority in subsection (a) with respect

to a member—

‘‘(1) while the member is on active duty or in active status,

as the case may be;

‘‘(2) if discharged from the armed forces under honorable

conditions, during the one-year period beginning on the date

of such discharge; or

‘‘(3) if released from active status in a reserve component,

during the one-year period beginning on the date of such

release.

‘‘(c) RETROACTIVE APPLICABILITY TO CERTAIN DEBTS.—The

authority in subsection (a) may be exercised with respect to any

debt covered by that subsection that is incurred on or after October

7, 2001.

‘‘(d) REGULATIONS.—This section shall be administered under

regulations prescribed by the Secretary of Defense.’’.

(2) CLERICAL AMENDMENT.—The item relating to that section in the table of sections at the beginning of chapter 561

of such title is amended by striking the penultimate word.

(3) TERMINATION.—The amendments made by this subsection shall terminate on December 31, 2007. Effective on

that date, section 6161 of title 10, United States Code, as

in effect on the day before the date of the enactment of this

Act shall be revived.

(c) INDEBTEDNESS OF MEMBERS OF THE AIR FORCE.—

(1) AUTHORITY.—Section 9837 of title 10, United States

Code, is amended to read as follows:

‘‘§ 9837. Settlement of accounts: remission or cancellation

of indebtedness of members

‘‘(a) IN GENERAL.—If the Secretary considers it to be in the

best interest of the United States, the Secretary may have remitted

or cancelled any part of the indebtedness of a member of the

Air Force on active duty, or a member of a reserve component

of the Air Force in an active status, to the United States or any

instrumentality of the United States incurred while the member

was serving on active duty.

‘‘(b) PERIOD OF EXERCISE OF AUTHORITY.—The Secretary may

exercise the authority in subsection (a) with respect to a member—

‘‘(1) while the member is on active duty or in active status,

as the case may be;

‘‘(2) if discharged from the armed forces under honorable

conditions, during the one-year period beginning on the date

of such discharge; or

‘‘(3) if released from active status in a reserve component,

during the one-year period beginning on the date of such

release.

‘‘(c) RETROACTIVE APPLICABILITY TO CERTAIN DEBTS.—The

authority in subsection (a) may be exercised with respect to any

debt covered by that subsection that is incurred on or after October

7, 2001.

10 USC 6161

note.

119 STAT. 3324 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(d) REGULATIONS.—This section shall be administered under

regulations prescribed by the Secretary of Defense.’’.

(2) CLERICAL AMENDMENT.—The item relating to that section in the table of sections at the beginning of chapter 953

of such title is amended by striking the penultimate word.

(3) TERMINATION.—The amendments made by this subsection shall terminate on December 31, 2007. Effective on

that date, section 9873 of title 10, United States Code, as

in effect on the day before the date of the enactment of this

Act shall be revived.

SEC. 684. LOAN REPAYMENT PROGRAM FOR CHAPLAINS IN THE

SELECTED RESERVE.

(a) LOAN REPAYMENT PROGRAM AUTHORIZED.—Chapter 1609

of title 10, United States Code, is amended by adding at the end

the following new section:

‘‘§ 16303. Loan repayment program: chaplains serving in the

Selected Reserve

‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.—For purposes

of maintaining adequate numbers of chaplains in the Selected

Reserve, the Secretary concerned may repay a loan that was

obtained by a person who—

‘‘(1) satisfies the requirements for accessioning and commissioning of chaplains, as prescribed in regulations;

‘‘(2) holds, or is fully qualified for, an appointment as

a chaplain in a reserve component of an armed force; and

‘‘(3) signs a written agreement with the Secretary concerned

to serve not less than three years in the Selected Reserve.

‘‘(b) EXCEPTION FOR CHAPLAIN CANDIDATE PROGRAM.—A person

accessioned into the Chaplain Candidate Program is not eligible

for the repayment of a loan under subsection (a).

‘‘(c) LOAN REPAYMENT PROCESS; MAXIMUM AMOUNT.—(1) Subject to paragraph (2), the repayment of a loan under subsection

(a) may consist of the payment of the principal, interest, and related

expenses of the loan.

‘‘(2) The amount of any repayment of a loan made under subsection (a) on behalf of a person may not exceed $20,000 for each

three year period of obligated service that the person agrees to

serve in an agreement described in subsection (a)(3). Of such

amount, not more than an amount equal to 50 percent of such

amount may be paid before the completion by the person of the

first year of obligated service pursuant to the agreement. The

balance of such amount shall be payable at such time or times

as are prescribed in regulations.

‘‘(d) EFFECT OF FAILURE TO COMPLETE OBLIGATION.—If a person

on whose behalf a loan is repaid under subsection (a) fails to

commence or complete the period of obligated service specified

in the agreement described in subsection (a)(3), the Secretary concerned may require the person to pay the United States an amount

equal to the amount of the loan repayments made on behalf of

the person in connection with the agreement.

‘‘(e) REGULATIONS.—The Secretary of Defense shall prescribe

regulations to carry out this section.’’.

10 USC 9837

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3325

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1609 of such title is amended by adding at the

end the following new item:

‘‘16303. Loan repayment program: chaplains serving in the Selected Reserve.’’.

SEC. 685. INCLUSION OF SENIOR ENLISTED ADVISOR FOR THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AMONG SENIOR

ENLISTED MEMBERS OF THE ARMED FORCES.

(a) BASIC PAY RATE.—

(1) EQUAL TREATMENT.—The rate of basic pay for an

enlisted member in the grade E–9 while serving as Senior

Enlisted Advisor for the Chairman of the Joint Chiefs of Staff

shall be the same as the rate of basic pay for an enlisted

member in that grade while serving as Sergeant Major of

the Army, Master Chief Petty Officer of the Navy, Chief Master

Sergeant of the Air Force, Sergeant Major of the Marine Corps,

or Master Chief Petty Officer of the Coast Guard, regardless

of cumulative years of service computed under section 205

of title 37, United States Code.

(2) EFFECTIVE DATE.—Paragraph (1) shall apply beginning

on the date on which an enlisted member of the Armed Forces

is first appointed to serve as Senior Enlisted Advisor for the

Chairman of the Joint Chiefs of Staff.

(b) PAY DURING TERMINAL LEAVE OR WHILE HOSPITALIZED.—

Section 210(c) of title 37, United States Code, is amended by adding

at the end the following new paragraph:

‘‘(6) The Senior Enlisted Advisor for the Chairman of the

Joint Chiefs of Staff.’’.

(c) PERSONAL MONEY ALLOWANCE.—Section 414(c) of such title

is amended—

(1) by striking ‘‘or’’ after ‘‘Sergeant Major of the Marine

Corps,’’; and

(2) by inserting before the period at the end the following:

‘‘, or the Senior Enlisted Advisor for the Chairman of the

Joint Chiefs of Staff’’.

(d) RETIRED PAY BASE.—Section 1406(i)(3)(B) of title 10, United

States Code, is amended by adding at the end the following new

clause:

‘‘(vi) Senior Enlisted Advisor for the Chairman

of the Joint Chiefs of Staff.’’.

SEC. 686. SPECIAL AND INCENTIVE PAYS CONSIDERED FOR SAVED

PAY UPON APPOINTMENT OF MEMBERS AS OFFICERS.

(a) INCLUSION AND EXCLUSION OF CERTAIN PAY TYPES.—Subsection (d) of section 907 of title 37, United States Code, is amended

to read as follows:

‘‘(d)(1) In determining the amount of the pay and allowances

of a grade formerly held by an officer, the following special and

incentive pays may be considered only so long as the officer continues to perform the duty that creates the entitlement to, or

eligibility for, that pay and would otherwise be eligible to receive

that pay in the former grade:

‘‘(A) Incentive pay for hazardous duty under section 301

of this title.

‘‘(B) Submarine duty incentive pay under section 301c of

this title.

37 USC 205 note.

10 USC prec.

16301.

119 STAT. 3326 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(C) Special pay for diving duty under section 304 of this

title.

‘‘(D) Hardship duty pay under section 305 of this title.

‘‘(E) Career sea pay under section 305a of this title.

‘‘(F) Special pay for service as a member of a Weapons

of Mass Destruction Civil Support Team under section 305b

of this title.

‘‘(G) Assignment incentive pay under section 307a of this

title.

‘‘(H) Special pay for duty subject to hostile fire or imminent

danger under section 310 of this title.

‘‘(I) Special pay or bonus for an extension of duty at a

designated overseas location under section 314 of this title.

‘‘(J) Foreign language proficiency pay under section 316

of this title.

‘‘(K) Critical skill retention bonus under section 323 of

this title.

‘‘(2) The following special and incentive pays are dependent

on a member being in an enlisted status and may not be considered

in determining the amount of the pay and allowances of a grade

formerly held by an officer:

‘‘(A) Special duty assignment pay under section 307 of

this title.

‘‘(B) Reenlistment bonus under section 308 of this title.

‘‘(C) Enlistment bonus under section 309 of this title.

‘‘(D) Career enlisted flyer incentive pay under section 320

of this title.’’.

(b) STYLISTIC AMENDMENTS.—Such section is further

amended—

(1) in subsections (a) and (b)—

(A) by striking ‘‘he’’ each place it appears and inserting

‘‘the officer’’; and

(B) by striking ‘‘his appointment’’ each place it appears

and inserting ‘‘the appointment’’; and

(2) in subsection (c)(2), by striking ‘‘he’’ and inserting ‘‘the

officer’’.

(c) EFFECTIVE DATE.—Subsection (d) of section 907 of title

37, United States Code, as amended by subsection (a), shall apply

with respect to any acceptance by an enlisted member of the Armed

Forces of an appointment as an officer made on or after the date

of the enactment of this Act.

SEC. 687. REPAYMENT OF UNEARNED PORTION OF BONUSES, SPECIAL

PAYS, AND EDUCATIONAL BENEFITS.

(a) REPAYMENT OF UNEARNED PORTION OF BONUSES AND OTHER

BENEFITS.—

(1) UNIFORM REPAYMENT PROVISION.—Section 303a of title

37, United States Code, is amended by adding at the end

the following new subsection:

‘‘(e) REPAYMENT OF UNEARNED PORTION OF BONUSES AND

OTHER BENEFITS WHEN CONDITIONS OF PAYMENT NOT MET.—(1)

A member of the uniformed services who receives a bonus or similar

benefit and whose receipt of the bonus or similar benefit is subject

to the condition that the member continue to satisfy certain eligibility requirements shall repay to the United States an amount

equal to the unearned portion of the bonus or similar benefit if

37 USC 907 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3327

the member fails to satisfy the requirements, except in certain

circumstances authorized by the Secretary concerned.

‘‘(2) The Secretary concerned may establish, by regulations,

procedures for determining the amount of the repayment required

under this subsection and the circumstances under which an exception to the required repayment may be granted. The Secretary

concerned may specify in the regulations the conditions under which

an installment payment of a bonus or similar benefit to be paid

to a member of the uniformed services will not be made if the

member no longer satisfies the eligibility requirements for the bonus

or similar benefit. For the military departments, this subsection

shall be administered under regulations prescribed by the Secretary

of Defense.

‘‘(3) An obligation to repay the United States under this subsection is, for all purposes, a debt owed the United States. A

discharge in bankruptcy under title 11 does not discharge a person

from such debt if the discharge order is entered less than five

years after—

‘‘(A) the date of the termination of the agreement or contract on which the debt is based; or

‘‘(B) in the absence of such an agreement or contract,

the date of the termination of the service on which the debt

is based.

‘‘(4) In this subsection:

‘‘(A) The term ‘bonus or similar benefit’ means a bonus,

incentive pay, special pay, or similar payment, or an educational

benefit or stipend, paid to a member of the uniformed services

under a provision of law that refers to the repayment requirements of this subsection.

‘‘(B) The term ‘service’, as used in paragraph (3)(B), refers

to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus or similar benefit

offered by the Secretary of Defense or the Secretary concerned—

‘‘(i) to remain on active duty or in an active status

in a reserve component;

‘‘(ii) to perform duty in a specified skill, with or without

a specified qualification or credential;

‘‘(iii) to perform duty at a specified location; or

‘‘(iv) to perform duty for a specified period of time.’’.

(2) APPLICABILITY TO TITLE 11 CASES.—In the case of a

provision of law amended by subsection (b), (c), or (d) of this

section, paragraph (3) of subsection (a) of section 303a of title

37, United States Code, as added by this subsection, shall

apply to any case commenced under title 11, United States

Code, after March 30, 2006.

(b) CONFORMING AMENDMENTS TO TITLE 37.—

(1) AVIATION CAREER OFFICER RETENTION BONUS.—Subsection (g) of section 301b of title 37, United States Code,

is amended to read as follows:

‘‘(g) REPAYMENT.—An officer who does not complete the period

of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section

303a(e) of this title.’’.

(2) MEDICAL OFFICER MULTIYEAR RETENTION BONUS.—Subsection (c) of section 301d of such title is amended to read

as follows:

37 USC 303a

note.

Regulations.

119 STAT. 3328 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(c) REPAYMENT.—An officer who does not complete the period

of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section

303a(e) of this title.’’.

(3) DENTAL OFFICER MULTIYEAR RETENTION BONUS.—Subsection (d) of section 301e of such title is amended to read

as follows:

‘‘(d) REPAYMENT.—An officer who does not complete the period

of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section

303a(e) of this title.’’.

(4) MEDICAL OFFICER SPECIAL PAY.—Section 302 of such

title is amended—

(A) in subsection (c)(2), by striking the second sentence

and inserting the following new sentence: ‘‘If such entitlement is terminated, the officer concerned shall be subject

to the repayment provisions of section 303a(e) of this title.’’;

and

(B) by striking subsection (f) and inserting the following new subsection:

‘‘(f) REPAYMENT.—An officer who does not complete the period

for which the payment was made under subsection (a)(4) or subsection (b)(1) shall be subject to the repayment provisions of section

303a(e) of this title.’’.

(5) OPTOMETRIST RETENTION SPECIAL PAY.—Paragraph (4)

of section 302a(b) of such title is amended to read as follows:

‘‘(4) The Secretary concerned may terminate at any time the

eligibility of an officer to receive retention special pay under paragraph (1). An officer who does not complete the period for which

the payment was made under paragraph (1) shall be subject to

the repayment provisions of section 303a(e) of this title.’’.

(6) DENTAL OFFICER SPECIAL PAY.—Section 302b of such

title is amended—

(A) in subsection (b)(2), by striking the second sentence

and inserting the following new sentence: ‘‘If such entitlement is terminated, the officer concerned shall be subject

to the repayment provisions of section 303a(e) of this title.’’;

(B) by striking subsection (e) and inserting the following new subsection (e):

‘‘(e) REPAYMENT.—An officer who does not complete the period

of active duty specified in the agreement referred to in subsection

(b) shall be subject to the repayment provisions of section 303a(e)

of this title.’’;

(C) by striking subsection (f); and

(D) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.

(7) ACCESSION BONUS FOR REGISTERED NURSES.—Subsection

(d) of section 302d of such title is amended to read as follows:

‘‘(d) REPAYMENT.—An officer who does not become and remain

licensed as a registered nurse during the period for which the

payment is made, or who does not complete the period of active

duty specified in the agreement entered into under subsection (a),

shall be subject to the repayment provisions of section 303a(e)

of this title.’’.

(8) NURSE ANESTHETIST SPECIAL PAY.—Section 302e of such

title is amended—

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3329

(A) in subsection (c), by striking the last sentence

and inserting the following new sentence: ‘‘If such entitlement is terminated, the officer concerned shall be subject

to the repayment provisions of section 303a(e) of this title.’’;

and

(B) by striking subsection (e) and inserting the following new subsection:

‘‘(e) REPAYMENT.—An officer who does not complete the period

of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section

303a(e) of this title.’’.

(9) RESERVE, RECALLED, OR RETAINED HEALTH CARE OFFICERS SPECIAL PAY.—Section 302f(c) of such title is amended

by striking ‘‘refund’’ and inserting ‘‘repay in the manner provided in section 303a(e) of this title’’.

(10) SELECTED RESERVE HEALTH CARE PROFESSIONALS IN

CRITICALLY SHORT WARTIME SPECIALTIES SPECIAL PAY.—Section

302g of such title is amended—

(A) by striking subsections (d) and (e);

(B) by inserting after subsection (c) the following new

subsection (d):

‘‘(d) REPAYMENT.—An officer who does not complete the period

of service in the Selected Reserve specified in the agreement entered

into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.’’; and

(C) by redesignating subsection (f), as amended by

section 622(e), as subsection (e).

(11) ACCESSION BONUS FOR DENTAL OFFICERS.—Subsection

(d) of section 302h of such title is amended to read as follows:

‘‘(d) REPAYMENT.—A person who, after signing an agreement

under subsection (a), is not commissioned as an officer of the

armed forces, does not become licensed as a dentist, or does not

complete the period of active duty specified in the agreement shall

be subject to the repayment provisions of section 303a(e) of this

title.’’.

(12) ACCESSION BONUS FOR PHARMACY OFFICERS.—Subsection (e) of section 302j of such title is amended to read

as follows:

‘‘(e) REPAYMENT.—A person who, after signing an agreement

under subsection (a), is not commissioned as an officer of the

armed forces, does not become and remain certified or licensed

as a pharmacist, or does not complete the period of active duty

specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.’’.

(13) ASSIGNMENT INCENTIVE PAY.—Subsection (d) of section

307a of such title, as added by section 628(c), is amended

to read as follows:

‘‘(d) REPAYMENT.—A member who enters into an agreement

under this section and receives incentive pay under the agreement

in a lump sum or installments, but who fails to complete the

period of service covered by the payment, whether voluntarily or

because of misconduct, shall be subject to the repayment provisions

of section 303a(e) of this title.’’.

(14) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Subsection (d) of section 308 of such title is amended to read

as follows:

119 STAT. 3330 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(d) A member who does not complete the term of enlistment

for which a bonus was paid to the member under this section,

or a member who is not technically qualified in the skill for which

a bonus was paid to the member under this section, shall be

subject to the repayment provisions of section 303a(e) of this title.’’.

(15) REENLISTMENT BONUS FOR SELECTED RESERVE.—Subsection (d) of section 308b of such title is amended to read

as follows:

‘‘(d) REPAYMENT.—A member who does not complete the term

of enlistment in the element of the Selected Reserve for which

the bonus was paid to the member under this section shall be

subject to the repayment provisions of section 303a(e) of this title.’’.

(16) SELECTED RESERVE AFFILIATION OR ENLISTMENT

BONUS.—Section 308c of such title, as amended by section 631,

is further amended by striking subsection (g) and inserting

the following new subsection:

‘‘(g) REPAYMENT.—A person who enters into an agreement

under subsection (a) or (c) and receives all or part of the bonus

under the agreement, but who does not commence to serve in

the Selected Reserve or does not satisfactorily participate in the

Selected Reserve for the total period of service specified in the

agreement, shall be subject to the repayment provisions of section

303a(e) of this title.’’.

(17) READY RESERVE ENLISTMENT BONUS.—Section 308g of

such title is amended—

(A) by striking subsection (d) and inserting the following new subsection:

‘‘(d) A person who does not serve satisfactorily in the element

of the Ready Reserve in the combat or combat support skill for

the period for which the bonus was paid under this section shall

be subject to the repayment provisions of section 303a(e) of this

title.’’;

(B) by striking subsections (e) and (f); and

(C) by redesignating subsections (g) and (h), as

amended by section 621(c), as subsections (e) and (f),

respectively.

(18) READY RESERVE REENLISTMENT, ENLISTMENT, AND VOLUNTARY EXTENSION OF ENLISTMENT BONUS.—Section 308h of

such title is amended—

(A) by striking subsection (c) and inserting the following new subsection:

‘‘(c) REPAYMENT.—A person who does not complete the period

of enlistment or extension of enlistment for which the bonus was

paid under this section shall be subject to the repayment provisions

of section 303a(e) of this title.’’;

(B) by striking subsections (d) and (e); and

(C) by redesignating subsections (f) and (g), as amended

by section 621(d), as subsections (d) and (e), respectively.

(19) PRIOR SERVICE ENLISTMENT BONUS.—Subsection (d) of

section 308i of such title is amended to read as follows:

‘‘(d) REPAYMENT.—A person who receives a bonus payment

under this section and who, during the period for which the bonus

was paid, does not serve satisfactorily in the element of the Selected

Reserve with respect to which the bonus was paid shall be subject

to the repayment provisions of section 303a(e) of this title.’’.

(20) ENLISTMENT BONUS.—Subsection (b) of section 309 of

such title is amended to read as follows:

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3331

‘‘(b) REPAYMENT.—A member who does not complete the term

of enlistment for which a bonus was paid to the member under

this section, or a member who is not technically qualified in the

skill for which a bonus was paid to the member under this section,

shall be subject to the repayment provisions of section 303a(e)

of this title.’’.

(21) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

EXTENDING ACTIVE DUTY.—Subsection (b) of section 312 of such

title is amended to read as follows:

‘‘(b) An officer who does not complete the period of active

duty in connection with the supervision, operation, and maintenance

of naval nuclear propulsion plants that the officer agreed to serve,

and for which a payment was made under subsection (a) or subsection (d)(1), shall be subject to the repayment provisions of section

303a(e) of this title.’’.

(22) NUCLEAR CAREER ACCESSION BONUS.—Paragraph (2)

of section 312b(a) of such title is amended to read as follows:

‘‘(2) An officer who does not commence or complete satisfactorily

the nuclear power training specified in the agreement under paragraph (1) shall be subject to the repayment provisions of section

303a(e) of this title.’’.

(23) ENLISTED MEMBERS EXTENDING DUTY AT DESIGNATED

LOCATIONS OVERSEAS.—Subsection (d) of section 314 of such

title is amended to read as follows:

‘‘(d) REPAYMENT.—A member who, having entered into a written

agreement to extend a tour of duty for a period under subsection

(a), receives a bonus payment under subsection (b)(2) for a 12-

month period covered by the agreement and ceases during that

12-month period to perform the agreed tour of duty shall be subject

to the repayment provisions of section 303a(e) of this title.’’.

(24) ENGINEERING AND SCIENTIFIC CAREER CONTINUATION

PAY.—Subsection (c) of section 315 of such title is amended

to read as follows:

‘‘(c) An officer who, having entered into a written agreement

under subsection (b) and having received all or part of a bonus

under this section, does not complete the period of active duty

as specified in the agreement shall be subject to the repayment

provisions of section 303a(e) of this title.’’.

(25) FOREIGN LANGUAGE PROFICIENCY PAY.—Subsection (e)

of section 316 of such title, as added by section 639(c), is

amended to read as follows:

‘‘(e) REPAYMENT.—A member who receives a bonus under this

section, but who does not satisfy an eligibility requirement specified

in paragraph (1), (2), (3), or (4) of subsection (a) for the entire

certification period, shall be subject to the repayment provisions

of section 303a(e) of this title.’’.

(26) CRITICAL ACQUISITION POSITIONS.—Subsection (f) of

section 317 of such title is amended to read as follows:

‘‘(f) REPAYMENT.—An officer who, having entered into a written

agreement under subsection (a) and having received all or part

of a bonus under this section, does not complete the period of

active duty as specified in the agreement shall be subject to the

repayment provisions of section 303a(e) of this title.’’.

(27) SPECIAL WARFARE OFFICERS EXTENDING PERIOD OF

ACTIVE DUTY.—Subsection (h) of section 318 of such title is

amended to read as follows:

119 STAT. 3332 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(h) REPAYMENT.—An officer who, having entered into a written

agreement under subsection (b) and having received all or part

of a bonus under this section, does not complete the period of

active duty in special warfare service as specified in the agreement

shall be subject to the repayment provisions of section 303a(e)

of this title.’’.

(28) SURFACE WARFARE OFFICERS EXTENDING PERIOD OF

ACTIVE DUTY.—Subsection (f) of section 319 of such title is

amended to read as follows:

‘‘(f) REPAYMENT.—An officer who, having entered into a written

agreement under subsection (b) and having received all or part

of a bonus under this section, does not complete the period of

active duty as a department head on a surface vessel as specified

in the agreement, shall be subject to the repayment provisions

of section 303a(e) of this title.’’.

(29) JUDGE ADVOCATE CONTINUATION PAY.—Subsection (f)

of section 321 of such title is amended to read as follows:

‘‘(f) REPAYMENT.—An officer who has entered into a written

agreement under subsection (b) and has received all or part of

the amount payable under the agreement but who does not complete

the total period of active duty specified in the agreement, shall

be subject to the repayment provisions of section 303a(e) of this

title.’’.

(30) 15-YEAR CAREER STATUS BONUS.—Subsection (f) of section 322 of such title is amended to read as follows:

‘‘(f) REPAYMENT.—If a person paid a bonus under this section

does not complete a period of active duty beginning on the date

on which the election of the person under paragraph (1) of subsection (a) is received and ending on the date on which the person

completes 20 years of active duty service as described in paragraph

(2) of such subsection, the person shall be subject to the repayment

provisions of section 303a(e) of this title.’’.

(31) CRITICAL MILITARY SKILLS RETENTION BONUS.—Subsection (g) of section 323 of such title, as amended by section

640(e), is amended to read as follows:

‘‘(g) REPAYMENT.—A member paid a bonus under this section

who fails, during the period of service covered by the member’s

agreement, reenlistment, or voluntary extension of enlistment under

subsection (a), to remain qualified in the critical military skill

or to satisfy the other eligibility criteria for which the bonus was

paid shall be subject to the repayment provisions of section 303a(e)

of this title.’’.

(32) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL

SKILLS.—Subsection (f) of section 324 of such title is amended

to read as follows:

‘‘(f) REPAYMENT.—An individual who, having received all or

part of the bonus under an agreement referred to in subsection

(a), is not thereafter commissioned as an officer or does not commence or complete the total period of active duty service specified

in the agreement shall be subject to the repayment provisions

of section 303a(e) of this title.’’.

(33) SAVINGS PLAN FOR EDUCATION EXPENSES AND OTHER

CONTINGENCIES.—Subsection (g) of section 325 of such title

is amended to read as follows:

‘‘(g) REPAYMENT.—If a person does not complete the qualifying

service for which the person is obligated under a commitment

for which a benefit has been paid under this section, the person

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3333

shall be subject to the repayment provisions of section 303a(e)

of this title.’’.

(34) INCENTIVE BONUS FOR CONVERSION TO MILITARY

OCCUPATIONAL SPECIALTY.—Subsection (e) of section 326 of such

title is amended to read as follows:

‘‘(e) REPAYMENT.—A member who does not convert to and complete the period of service in the military occupational specialty

specified in the agreement executed under subsection (a) shall be

subject to the repayment provisions of section 303a(e) of this title.’’.

(35) TRANSFER BETWEEN ARMED FORCES INCENTIVE

BONUS.—Section 327 of such title, as added by section 641,

is amended by striking subsection (f) and inserting the following

new subsection:

‘‘(f) REPAYMENT.—A member who is paid a bonus under an

agreement under this section and who, voluntarily or because of

misconduct, fails to serve for the period covered by such agreement

shall be subject to the repayment provisions of section 303a(e)

of this title.’’.

(c) CONFORMING AMENDMENTS TO TITLE 10.—

(1) ENLISTMENT INCENTIVES FOR PURSUIT OF SKILLS TO

FACILITATE NATIONAL SERVICE.—Subsection (i) of section 510

of title 10, United States Code, is amended to read as follows:

‘‘(i) REPAYMENT.—If a National Call to Service participant who

has entered into an agreement under subsection (b) and received

or benefitted from an incentive under paragraph (1) or (2) of subsection (e) fails to complete the total period of service specified

in the agreement, the National Call to Service participant shall

be subject to the repayment provisions of section 303a(e) of title

37.’’.

(2) ADVANCED EDUCATION ASSISTANCE.—Section 2005 of

such title is amended—

(A) in subsection (a), by striking paragraph (3) and

inserting the following new paragraph:

‘‘(3) that if such person does not complete the period of

active duty specified in the agreement, or does not fulfill any

term or condition prescribed pursuant to paragraph (4), such

person shall be subject to the repayment provisions of section

303a(e) of title 37; and’’;

(B) by striking subsections (c), (d), (f), (g) and (h);

(C) by redesignating subsection (e) as subsection (d);

and

(D) by inserting after subsection (b), the following new

subsection:

‘‘(c) As a condition of the Secretary concerned providing financial assistance under section 2107 or 2107a of this title to any

person, the Secretary concerned shall require that the person enter

into the agreement described in subsection (a). In addition to the

requirements of paragraphs (1) through (4) of such subsection,

the agreement shall specify that, if the person does not complete

the education requirements specified in the agreement or does

not fulfill any term or condition prescribed pursuant to paragraph

(4) of such subsection, the person shall be subject to the repayment

provisions of section 303a(e) of title 37 without the Secretary first

ordering such person to active duty as provided for under subsection

(a)(2) and sections 2107(f) and 2107a(f) of this title.’’.

Contracts.

119 STAT. 3334 PUBLIC LAW 109–163—JAN. 6, 2006

(3) TUITION FOR OFF-DUTY TRAINING OR EDUCATION.—Section 2007 of such title is amended by adding at the end the

following new subsection:

‘‘(f) If an officer who enters into an agreement under subsection

(b) does not complete the period of active duty specified in the

agreement, the officer shall be subject to the repayment provisions

of section 303a(e) of title 37.’’.

(4) FAILURE TO COMPLETE ADVANCED TRAINING OR TO

ACCEPT COMMISSION.—Section 2105 of such title is amended

by adding at the end the following new sentence: ‘‘If the member

does not complete the period of active duty prescribed by the

Secretary concerned, the member shall be subject to the repayment provisions of section 303a(e) of title 37’’.

(5) HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL

ASSISTANCE PROGRAM FOR ACTIVE SERVICE.—Section

2123(e)(1)(C) of such title is amended by striking ‘‘equal to’’

and all that follows through the period at the end and inserting

‘‘pursuant to the repayment provisions of section 303a(e) of

title 37.’’.

(6) FINANCIAL ASSISTANCE FOR NURSE OFFICER CANDIDATES.—Subsection (d) of section 2130a of such title is

amended to read as follows:

‘‘(d) REPAYMENT.—A person who does not complete a nursing

degree program in which the person is enrolled in accordance with

the agreement entered into under subsection (a), or having completed the nursing degree program, does not become an officer

in the Nurse Corps of the Army or the Navy or an officer designated

as a nurse officer of the Air Force or commissioned corps of the

Public Health Service or does not complete the period of obligated

active service required under the agreement, shall be subject to

the repayment provisions of section 303a(e) of title 37.’’.

(7) EDUCATION LOAN REPAYMENT PROGRAM.—Subsection (g)

of section 2173 of such title is amended—

(A) by inserting ‘‘(1)’’ before ‘‘A commissioned officer’’;

and

(B) by adding at the end the following new paragraph:

‘‘(2) An officer who does not complete the period of active

duty specified in the agreement entered into under subsection (b)(3),

or the alternative obligation imposed under paragraph (1), shall

be subject to the repayment provisions of section 303a(e) of title

37.’’.

(8) SCHOLARSHIP PROGRAM FOR DEGREE PROGRAM FOR

DEGREE OR CERTIFICATION IN INFORMATION ASSURANCE.—Section 2200a of such title is amended—

(A) by striking subsection (e) and inserting the following new subsection:

‘‘(e) REPAYMENT FOR PERIOD OF UNSERVED OBLIGATED

SERVICE.—(1) A member of an armed force who does not complete

the period of active duty specified in the service agreement under

section (b) shall be subject to the repayment provisions of section

303a(e) of title 37.

‘‘(2) A civilian employee of the Department of Defense who

voluntarily terminates service before the end of the period of obligated service required under an agreement entered into under

subsection (b) shall be subject to the repayment provisions of section

303a(e) of title 37 in the same manner and to the same extent

as if the civilian employee were a member of the armed forces.’’.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3335

(B) by striking subsection (f); and

(C) by redesignating subsection (g) as subsection (f).

(9) ARMY CADET AGREEMENT TO SERVE AS OFFICER.—Section

4348 of such title is amended by adding at the end the following

new subsection:

‘‘(f) A cadet or former cadet who does not fulfill the terms

of the agreement as specified under section (a), or the alternative

obligation imposed under subsection (b), shall be subject to the

repayment provisions of section 303a(e) of title 37.’’.

(10) MIDSHIPMEN AGREEMENT FOR LENGTH OF SERVICE.— Section 6959 of such title is amended by adding at the end

the following new subsection:

‘‘(f) A midshipman or former midshipman who does not fulfill

the terms of the agreement as specified under section (a), or the

alternative obligation imposed under subsection (b), shall be subject

to the repayment provisions of section 303a(e) of title 37.’’.

(11) AIR FORCE CADET AGREEMENT TO SERVE AS OFFICER.—

Section 9348 of such title is amended by adding at the end

the following new subsection:

‘‘(f) A cadet or former cadet who does not fulfill the terms

of the agreement as specified under section (a), or the alternative

obligation imposed under subsection (b), shall be subject to the

repayment provisions of section 303a(e) of title 37.’’.

(12) EDUCATIONAL ASSISTANCE FOR MEMBERS OF SELECTED

RESERVE.—Section 16135 of such title is amended to read as

follows:

‘‘§ 16135. Failure to participate satisfactorily; penalties

‘‘(a) PENALTIES.—At the option of the Secretary concerned, a

member of the Selected Reserve of an armed force who does not

participate satisfactorily in required training as a member of the

Selected Reserve during a term of enlistment or other period of

obligated service that created entitlement of the member to educational assistance under this chapter, and during which the

member has received such assistance, may—

‘‘(1) be ordered to active duty for a period of two years

or the period of obligated service the person has remaining

under section 16132 of this title, whichever is less; or

‘‘(2) be subject to the repayment provisions under section

303a(e) of title 37.

‘‘(b) EFFECT OF REPAYMENT.—Any repayment under section

303a(e) of title 37 shall not affect the period of obligation of a

member to serve as a Reserve in the Selected Reserve.’’.

(13) HEALTH PROFESSIONS STIPEND PROGRAM PENALTIES AND

LIMITATIONS.—Subparagraph (B) of section 16203(a)(1) of such

title is amended to read as follows:

‘‘(B) to comply with the repayment provisions of section

303a(e) of title 37.’’.

(14) LOAN REPAYMENT PROGRAM FOR CHAPLAINS SERVING

IN SELECTED RESERVE.—Section 16303 of such title, as added

by section 684, is amended by striking subsection (d) and

inserting the following new subsection:

‘‘(d) EFFECT OF FAILURE TO COMPLETE OBLIGATION.—A person

on whose behalf a loan is repaid under subsection (a) who fails

to commence or complete the period of obligated service specified

in the agreement described in subsection (a)(3) shall be subject

to the repayment provisions of section 303a(e) of title 37.’’.

119 STAT. 3336 PUBLIC LAW 109–163—JAN. 6, 2006

(15) COLLEGE TUITION ASSISTANCE PROGRAM FOR MARINE

CORPS PLATOON LEADERS CLASS.—Subsection (f) of section 16401

of such title is amended—

(A) in paragraph (1), by striking ‘‘may be required

to repay the full amount of financial assistance’’ and

inserting ‘‘shall be subject to the repayment provisions

of section 303a(e) of title 37’’; and

(B) in paragraph (2), by inserting before ‘‘The Secretary

of the Navy’’ the following new sentence: ‘‘Any requirement

to repay any portion of financial assistance received under

this section shall be administered under the regulations

issued under section 303a(e) of title 37.’’.

(d) CONFORMING AMENDMENT TO TITLE 14.—Section 182 of

title 14, United States Code, is amended by adding at the end

the following new subsection:

‘‘(g) A cadet or former cadet who does not fulfill the terms

of the obligation to serve as specified under section (b), or the

alternative obligation imposed under subsection (c), shall be subject

to the repayment provisions of section 303a(e) of title 37.’’.

(e) CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading of section 303a of title

37, United States Code, is amended to read as follows:

‘‘§ 303a. Special pay: general provisions’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of chapter 5 of such title is amended by striking

the item relating to section 303a and inserting the following

new item:

‘‘303a. Special pay: general provisions.’’.

(f) CONTINUED APPLICATION OF CURRENT LAW TO EXISTING

BONUSES.—In the case of any bonus, incentive pay, special pay,

or similar payment, such as education assistance or a stipend,

which the United States became obligated to pay before April 1,

2006, under a provision of law amended by subsection (b), (c),

or (d) of this section, such provision of law, as in effect on the

day before the date of the enactment of this Act, shall continue

to apply to the payment, or any repayment, of the bonus, incentive

pay, special pay, or similar payment under such provision of law.

SEC. 688. RIGHTS OF MEMBERS OF THE ARMED FORCES AND THEIR

DEPENDENTS UNDER HOUSING AND URBAN DEVELOPMENT ACT OF 1968.

(a) WRITTEN NOTICE OF RIGHTS.—Section 106(c)(5)(A)(ii) of the

Housing and Urban Development Act of 1968 (12 U.S.C.

1701x(c)(5)(A)(ii)) is amended—

(1) in subclause (II), by striking ‘‘and’’ at the end;

(2) in subclause (III), by striking the period and inserting

‘‘; and’’; and

(3) by adding at the end the following new subclause:

‘‘(IV) notify the homeowner by a statement

or notice, written in plain English by the Secretary

of Housing and Urban Development, in consultation with the Secretary of Defense and the Secretary of the Treasury, explaining the mortgage

and foreclosure rights of servicemembers, and the

dependents of such servicemembers, under the

Servicemembers Civil Relief Act (50 U.S.C. App.

10 USC 510 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3337

501 et seq.), including the toll-free military one

source number to call if servicemembers, or the

dependents of such servicemembers, require further assistance.’’.

(b) NO EFFECT ON OTHER LAWS.—Nothing in this section shall

relieve any person of any obligation imposed by any other Federal,

State, or local law.

(c) DISCLOSURE FORM.—Not later than 150 days after the date

of the enactment of this Act, the Secretary of Housing and Urban

Development shall issue a final disclosure form to fulfill the requirement of subclause (IV) of section 106(c)(5)(A)(ii) of the Housing

and Urban Development Act of 1968, as added by subsection (a).

(d) EFFECTIVE DATE.—The amendments made under subsection

(a) shall take effect 150 days after the date of the enactment

of this Act.

SEC. 689. EXTENSION OF ELIGIBILITY FOR SSI FOR CERTAIN INDIVIDUALS IN FAMILIES THAT INCLUDE MEMBERS OF THE

RESERVE AND NATIONAL GUARD.

Section 1631(j)(1)(B) of the Social Security Act (42 U.S.C.

1383(j)(1)(B)) is amended by inserting ‘‘(or 24 consecutive months,

in the case of such an individual whose ineligibility for benefits

under or pursuant to both such sections is a result of being called

to active duty pursuant to section 12301(d) or 12302 of title 10,

United States Code, or section 502(f) of title 32, United States

Code)’’ after ‘‘for a period of 12 consecutive months’’.

SEC. 690. INFORMATION FOR MEMBERS OF THE ARMED FORCES AND

THEIR DEPENDENTS ON RIGHTS AND PROTECTIONS OF

THE SERVICEMEMBERS CIVIL RELIEF ACT.

(a) OUTREACH TO MEMBERS.—The Secretary concerned shall

provide to each member of the Armed Forces under the jurisdiction

of the Secretary pertinent information on the rights and protections

available to members and their dependents under the

Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.).

(b) TIME OF PROVISION.—The information required to be provided under subsection (a) to a member shall be provided at the

following times:

(1) During the initial orientation training of the member.

(2) In the case of a member of a reserve component, during

the initial orientation training of the member and when the

member is mobilized or otherwise individually called or ordered

to active duty for a period of more than one year.

(3) At such other times as the Secretary concerned considers appropriate.

(c) OUTREACH TO DEPENDENTS.—The Secretary concerned may

provide to the adult dependents of members under the jurisdiction

of the Secretary pertinent information on the rights and protections

available to members and their dependents under the

Servicemembers Civil Relief Act.

(d) DEFINITIONS.—In this section, the terms ‘‘dependent’’ and

‘‘Secretary concerned’’ have the meanings given such terms in section 101 of the Servicemembers Civil Relief Act (50 U.S.C. App.

511).

50 USC app.

515a.

12 USC 1701x

note.

Deadline.

12 USC 1701x

note.

12 USC 1701x

note.

119 STAT. 3338 PUBLIC LAW 109–163—JAN. 6, 2006

TITLE VII—HEALTH CARE PROVISIONS

SUBTITLE A—IMPROVEMENTS TO HEALTH BENEFITS FOR RESERVES

Sec. 701. Enhancement of TRICARE Reserve Select program.

Sec. 702. Expanded eligibility of members of the Selected Reserve under the

TRICARE program.

SUBTITLE B—TRICARE PROGRAM IMPROVEMENTS

Sec. 711. Additional information required by surveys on TRICARE Standard.

Sec. 712. Availability of chiropractic health care services.

Sec. 713. Surviving-dependent eligibility under TRICARE dental plan for surviving spouses who were on active duty at time of death of military

spouse.

Sec. 714. Exceptional eligibility for TRICARE Prime Remote.

Sec. 715. Increased period of continued TRICARE Prime coverage of children of

members of the uniformed services who die while serving on active duty

for a period of more than 30 days.

Sec. 716. TRICARE Standard in TRICARE Regional Offices.

Sec. 717. Qualifications for individuals serving as TRICARE Regional Directors.

SUBTITLE C—MENTAL HEALTH-RELATED PROVISIONS

Sec. 721. Program for mental health awareness for dependents and pilot project

on post traumatic stress disorder.

Sec. 722. Pilot projects on early diagnosis and treatment of post traumatic stress

disorder and other mental health conditions.

Sec. 723. Department of Defense task force on mental health.

SUBTITLE D—STUDIES AND REPORTS

Sec. 731. Study relating to predeployment and postdeployment medical exams of

certain members of the Armed Forces.

Sec. 732. Requirements for physical examinations and medical and dental readiness for members of the Selected Reserve not on active duty.

Sec. 733. Report on delivery of health care benefits through the military health

care system.

Sec. 734. Comptroller General studies and report on differential payments to children’s hospitals for health care for children dependents and maximum

allowable charge for obstetrical care services under TRICARE.

Sec. 735. Report on the Department of Defense AHLTA global electronic health

record system.

Sec. 736. Comptroller General study and report on Vaccine Healthcare Centers.

Sec. 737. Report on adverse health events associated with use of anti-malarial

drugs.

Sec. 738. Report on Reserve dental insurance program.

Sec. 739. Demonstration project study on Medicare Advantage regional preferred

provider organization option for TRICARE-medicare dual-eligible beneficiaries.

Sec. 740. Pilot projects on pediatric early literacy among children of members of

the Armed Forces.

SUBTITLE E—OTHER MATTERS

Sec. 741. Authority to relocate patient safety center; renaming MedTeams Program.

Sec. 742. Modification of health care quality information and technology enhancement reporting requirement.

Sec. 743. Correction to eligibility of certain Reserve officers for military health

care pending active duty following commissioning.

Sec. 744. Prohibition on conversions of military medical and dental positions to civilian medical positions until submission of certification.

Sec. 745. Clarification of inclusion of dental care in medical readiness tracking

and health surveillance program.

Sec. 746. Cooperative outreach to members and former members of the naval

service exposed to environmental factors related to sarcoidosis.

Sec. 747. Repeal of requirement for Comptroller General reviews of certain Department of Defense-Department of Veterans Affairs projects on sharing

of health care resources.

Sec. 748. Pandemic avian flu preparedness.

Sec. 749. Follow up assistance for members of the Armed Forces after

preseparation physical examinations.

Sec. 750. Policy on role of military medical and behavioral science personnel in interrogation of detainees.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3339

Subtitle A—Improvements to Health

Benefits for Reserves

SEC. 701. ENHANCEMENT OF TRICARE RESERVE SELECT PROGRAM.

(a) EXTENSION OF COVERAGE FOR MEMBERS RECALLED TO

ACTIVE DUTY.—Section 1076d of title 10, United States Code, is

amended—

(1) in subsection (b), by redesignating paragraph (3) as

paragraph (4) and by inserting after paragraph (2) the following

new paragraph (3):

‘‘(3) In the case of a member recalled to active duty before

the period of coverage for which the member is eligible under

subsection (a) terminates, the period of coverage of the member—

‘‘(A) resumes after the member completes the subsequent

active duty service (subject to any additional entitlement to

care and benefits under section 1145(a) of this title that is

based on the same subsequent active duty service); and

‘‘(B) increases by any additional period of coverage for

which the member is eligible under subsection (a) based on

the subsequent active duty service.’’;

(2) in subsection (b)(2), by striking ‘‘Unless earlier terminated under paragraph (3)’’ and inserting ‘‘Subject to paragraph

(3) and unless earlier terminated under paragraph (4)’’; and

(3) in subsection (f), by adding at the end the following

new paragraph:

‘‘(3) The term ‘member recalled to active duty’ means, with

respect to a member who is eligible for coverage under this

section based on a period of active duty service, a member

who is called or ordered to active duty for an additional period

of active duty subsequent to the period of active duty on which

that eligibility is based.’’.

(b) SPECIAL RULE FOR MOBILIZED MEMBERS OF INDIVIDUAL

READY RESERVE FINDING NO POSITION IN SELECTED RESERVE.— Section 1076d of such title is amended by adding at the end of

subsection (b) (as amended by this section) the following new paragraph:

‘‘(5) In the case of a member of the Individual Ready Reserve

who is unable to find a position in the Selected Reserve and who

meets the requirements for eligibility for health benefits under

TRICARE Standard under subsection (a) except for membership

in the Selected Reserve, the period of coverage under this section

may begin not later than one year after coverage would otherwise

begin under this section had the member been a member of the

Selected Reserve, if the member finds a position in the Selected

Reserve during that one-year period.’’.

(c) ELIGIBILITY OF FAMILY MEMBERS FOR 6 MONTHS FOLLOWING

DEATH OF MEMBER.—Section 1076d(c) of such title is amended

by adding at the end the following: ‘‘If a member of a reserve

component dies while in a period of coverage under this section,

the eligibility of the members of the immediate family of such

member for TRICARE Standard coverage shall continue for six

months beyond the date of death of the member.’’.

(d) EXTENSION OF TIME FOR ENTERING INTO AGREEMENT.— Section 1076d(a)(2) of such title is amended by striking ‘‘on or

before the date of the release’’ and inserting ‘‘not later than 90

days after release’’.

119 STAT. 3340 PUBLIC LAW 109–163—JAN. 6, 2006

(e) REVISION OF TRICARE STANDARD DEFINITION.—Subsection

(f)(2) of section 1076d of such title is amended to read as follows:

‘‘(2) The term ‘TRICARE Standard’ means—

‘‘(A) medical care to which a dependent described in

section 1076(a)(2) of this title is entitled; and

‘‘(B) health benefits contracted for under the authority

of section 1079(a) of this title and subject to the same

rates and conditions as apply to persons covered under

that section.’’.

(f) REVISION OF SECTION HEADING.— (1) AMENDMENT.—The heading for section 1076d of such

title is amended to read as follows:

‘‘§ 1076d. TRICARE program: coverage for members of

reserve components who commit to continued

service in the Selected Reserve after release from

active duty in support of a contingency operation’’.

(2) CLERICAL AMENDMENT.—The item relating to section

1076d in the table of sections relating to chapter 55 of such

title is amended to read as follows:

‘‘1076d. TRICARE program: coverage for members of reserve components who commit to continued service in the Selected Reserve after release from active duty in support of a contingency operation.’’.

SEC. 702. EXPANDED ELIGIBILITY OF MEMBERS OF THE SELECTED

RESERVE UNDER THE TRICARE PROGRAM.

(a) EXPANDED ELIGIBILITY.— (1) IN GENERAL.—Section 1076b of title 10, United States

Code, is amended to read as follows:

‘‘§ 1076b. TRICARE program: TRICARE Standard coverage

for members of the Selected Reserve

‘‘(a) ELIGIBILITY.—Each member of the Selected Reserve of the

Ready Reserve who is committed to serving in the Selected Reserve

as described in subsection (c)(3) is eligible, subject to subsection

(h), to enroll in TRICARE Standard and receive benefits under

such enrollment for any period that the member—

‘‘(1) is an eligible unemployment compensation recipient;

‘‘(2) subject to subsection (i), is not eligible for health care

benefits under an employer-sponsored health benefits plan; or

‘‘(3) is not eligible under paragraph (1) or (2) and is not

eligible under section 1076d of this title.

‘‘(b) TYPES OF COVERAGE.—(1) A member eligible under subsection (a) may enroll for either of the following types of coverage:

‘‘(A) Self alone coverage.

‘‘(B) Self and family coverage.

‘‘(2) An enrollment by a member for self and family covers

the member and the dependents of the member who are described

in subparagraph (A), (D), or (I) of section 1072(2) of this title.

‘‘(c) ENROLLMENT.—(1) The Secretary of Defense shall provide

for at least one open enrollment period each year. During an open

enrollment period or at such other time as the Secretary considers

appropriate, a member eligible under subsection (a) may enroll

in TRICARE Standard or change or terminate an enrollment in

TRICARE Standard.

‘‘(2) An enrollment in TRICARE Standard of a member eligible

under subsection (a) shall be effective for one year only, and may

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3341

be renewed by the member during the open enrollment period

provided under paragraph (1) or at such other time as the Secretary

considers appropriate.

‘‘(3) A member eligible under subsection (a) may not enroll

or renew an enrollment in TRICARE Standard under this section

unless the member is committed to a period of obligated service

in the Selected Reserve that extends through the enrollment period.

‘‘(d) SCOPE OF CARE.—(1) A member and the dependents of

a member enrolled in TRICARE Standard under this section shall

be entitled to the same benefits under this chapter as a member

of the uniformed services on active duty or a dependent of such

a member, respectively, is entitled to under TRICARE Standard.

‘‘(2) Section 1074(c) of this title shall apply with respect to

a member enrolled in TRICARE Standard under this section.

‘‘(e) PREMIUMS.—(1) The Secretary of Defense shall charge premiums for coverage pursuant to enrollments under this section.

The Secretary shall prescribe for each of the TRICARE Standard

program options a premium for self alone coverage and a premium

for self and family coverage.

‘‘(2) The monthly amount of the premium in effect for a month

for a type of coverage under this section shall be as follows:

‘‘(A) For members eligible under paragraph (1) or (2) of

subsection (a), the amount equal to 50 percent of the total

amount determined by the Secretary on an appropriate actuarial basis as being reasonable for the coverage.

‘‘(B) For members eligible under paragraph (3) of subsection

(a), the amount equal to 85 percent of the total amount determined by the Secretary on an appropriate actuarial basis as

being reasonable for the coverage.

‘‘(3) In determining the amount of a premium under paragraph

(2), the Secretary shall use the same actuarial basis as used under

section 1076d of this title for determining the amount of premiums

under that section.

‘‘(4) The premiums payable by a member 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 by members.

‘‘(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.

‘‘(f) OTHER CHARGES.—A person who receives health care pursuant to an enrollment in TRICARE Standard under this section,

including a member who receives such health care, shall be subject

to the same deductibles, copayments, and other nonpremium

charges for health care as apply under this chapter for health

care provided under TRICARE Standard to dependents described

in subparagraph (A), (D), or (I) of section 1072(2) of this title.

‘‘(g) TERMINATION OF ENROLLMENT.—(1) A member enrolled

in TRICARE Standard under this section may terminate the enrollment only during an open enrollment period provided under subsection (c).

Procedures.

Applicability.

119 STAT. 3342 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(2) An enrollment of a member for self alone or for self and

family under this section shall terminate on the first day of the

first month beginning after the date on which the member ceases

to be eligible under subsection (a).

‘‘(3) The enrollment of a member under this section may be

terminated on the basis of failure to pay the premium charged

the member under this section.

‘‘(h) RELATIONSHIP TO TRANSITION TRICARE COVERAGE UPON

SEPARATION FROM ACTIVE DUTY.—A member is not eligible for

TRICARE Standard under this section while entitled to transitional

health care under subsection (a) of section 1145 of this title or

while authorized to receive health care under subsection (c) of

such section.

‘‘(i) NONCOVERAGE BY OTHER HEALTH BENEFITS PLAN.—(1) For

purposes of subsection (a)(2), a person shall be considered to be

not eligible for health care benefits under an employer-sponsored

health benefits plan only if the person—

‘‘(A) is employed by an employer that does not offer a

health benefits plan to anyone working for the employer;

‘‘(B) is in a category of employees to which the person’s

employer does not offer a health benefits plan, if such category

is designated by the employer based on hours, duties, employment agreement, or such other characteristic, other than membership in the Selected Reserve, as the regulations administering this section prescribe (such as part-time employees);

or

‘‘(C) is self-employed.

‘‘(2) The Secretary of Defense may require a member to submit

any certification that the Secretary considers appropriate to

substantiate the member’s assertion that the member is not eligible

for health care benefits under an employer-sponsored health benefits plan.

‘‘(j) ELIGIBLE UNEMPLOYMENT COMPENSATION RECIPIENT

DEFINED.—In this section, the term ‘eligible unemployment compensation recipient’ means, with respect to any month, any individual who is determined eligible for any day of such month for

unemployment compensation under State law (as defined in section

205(9) of the Federal-State Extended Unemployment Compensation

Act of 1970), including Federal unemployment compensation laws

administered through the State.

‘‘(k) TRICARE STANDARD DEFINED.—In this section, the term

‘TRICARE Standard’ has the meaning provided by section 1076d(f)

of this title.

‘‘(l) REGULATIONS.—The Secretary of Defense, in consultation

with the other administering Secretaries, shall prescribe regulations

for the administration of this section.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of chapter 55 of title 10, United States Code, is

amended by striking the item relating to section 1076b and

inserting the following:

‘‘1076b. TRICARE program: TRICARE Standard coverage for members of the Selected Reserve.’’.

(b) EFFECTIVE DATE.—The Secretary of Defense shall ensure

that health care under TRICARE Standard is provided under section 1076b of title 10, United States Code, as amended by this

section, beginning not later than October 1, 2006.

10 USC 1076b

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3343

Subtitle B—TRICARE Program

Improvements

SEC. 711. ADDITIONAL INFORMATION REQUIRED BY SURVEYS ON

TRICARE STANDARD.

Section 723(a) of the National Defense Authorization Act for

Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1532; 10 U.S.C.

1073 note) is amended by adding at the end the following new

paragraph:

‘‘(4) Surveys required by paragraph (1) shall include questions

seeking to determine from health care providers the following:

‘‘(A) Whether the provider is aware of the TRICARE program.

‘‘(B) What percentage of the provider’s current patient

population uses any form of TRICARE.

‘‘(C) Whether the provider accepts patients for whom payment is made under the medicare program for health care

services.

‘‘(D) If the provider accepts patients referred to in subparagraph (C), whether the provider would accept additional such

patients who are not in the provider’s current patient population.’’.

SEC. 712. AVAILABILITY OF CHIROPRACTIC HEALTH CARE SERVICES.

(a) AVAILABILITY OF CHIROPRACTIC HEALTH CARE SERVICES.—

The Secretary of the Air Force shall ensure that chiropractic health

care services are available at all medical treatment facilities listed

in table 5 of the report to Congress dated August 16, 2001, titled

‘‘Chiropractic Health Care Implementation Plan’’. If the Secretary

determines that it is not necessary or feasible to provide chiropractic

health care services at any such facility, the Secretary shall provide

such services at an alternative site for each such facility.

(b) IMPLEMENTATION AND REPORT.—Not later than September

30, 2006, the Secretary of the Air Force shall—

(1) implement subsection (a); and

(2) submit to the Committees on Armed Services of the

Senate and the House of Representatives a report on the availability of chiropractic health care services as required under

subsection (a), including information on alternative sites at

which such services have been made available.

SEC. 713. SURVIVING-DEPENDENT ELIGIBILITY UNDER TRICARE

DENTAL PLAN FOR SURVIVING SPOUSES WHO WERE ON

ACTIVE DUTY AT TIME OF DEATH OF MILITARY SPOUSE.

Section 1076a(k) of title 10, United States Code, is amended

to read as follows:

‘‘(k) ELIGIBLE DEPENDENT DEFINED.—(1) In this section, the

term ‘eligible dependent’ means a dependent described in subparagraph (A), (D), or (I) of section 1072(2) of this title.

‘‘(2) Such term includes any such dependent of a member who

dies while on active duty for a period of more than 30 days or

a member of the Ready Reserve if, on the date of the death of

the member, the dependent—

‘‘(A) is enrolled in a dental benefits plan established under

subsection (a); or

‘‘(B) if not enrolled in such a plan on such date—

10 USC 1092

note.

119 STAT. 3344 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(i) is not enrolled by reason of a discontinuance of

a former enrollment under subsection (f); or

‘‘(ii) is not qualified for such enrollment because—

‘‘(I) the dependent is a child under the minimum

age for such enrollment; or

‘‘(II) the dependent is a spouse who is a member

of the armed forces on active duty for a period of

more than 30 days.

‘‘(3) Such term does not include a dependent by reason of

paragraph (2) after the end of the three-year period beginning

on the date of the member’s death.’’.

SEC. 714. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME REMOTE.

Section 1079(p) of title 10, United States Code, is amended—

(1) by redesignating paragraph (4) as paragraph (5); and

(2) by inserting after paragraph (3) the following new paragraph:

‘‘(4) The Secretary of Defense may provide for coverage of

a dependent referred to in subsection (a) who is not described

in paragraph (3) if the Secretary determines that exceptional circumstances warrant such coverage.’’.

SEC. 715. INCREASED PERIOD OF CONTINUED TRICARE PRIME COVERAGE OF CHILDREN OF MEMBERS OF THE UNIFORMED

SERVICES WHO DIE WHILE SERVING ON ACTIVE DUTY

FOR A PERIOD OF MORE THAN 30 DAYS.

(a) PERIOD OF ELIGIBILITY.—Section 1079(g) of title 10, United

States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(g)’’;

(2) by striking the second sentence; and

(3) by adding at the end the following new paragraph:

‘‘(2) In addition to any continuation of eligibility for benefits

under paragraph (1), when a member dies while on active duty

for a period of more than 30 days, the member’s dependents who

are receiving benefits under a plan covered by subsection (a) shall

continue to be eligible for benefits under TRICARE Prime during

the three-year period beginning on the date of the member’s death,

except that, in the case of such a dependent of the deceased who

is described by subparagraph (D) or (I) of section 1072(2) of this

title, the period of continued eligibility shall be the longer of the

following periods beginning on such date:

‘‘(A) Three years.

‘‘(B) The period ending on the date on which such

dependent attains 21 years of age.

‘‘(C) In the case of such a dependent who, at 21 years

of age, is enrolled in a full-time course of study in a secondary

school or in a full-time course of study in an institution of

higher education approved by the administering Secretary and

was, at the time of the member’s death, in fact dependent

on the member for over one-half of such dependent’s support,

the period ending on the earlier of the following dates:

‘‘(i) The date on which such dependent ceases to pursue

such a course of study, as determined by the administering

Secretary.

‘‘(ii) The date on which such dependent attains 23

years of age.

‘‘(3) For the purposes of paragraph (2)(C), a dependent shall

be treated as being enrolled in a full-time course of study in an

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3345

institution of higher education during any reasonable period of

transition between the dependent’s completion of a full-time course

of study in a secondary school and the commencement of an enrollment in a full-time course of study in an institution of higher

education, as determined by the administering Secretary.

‘‘(4) The terms and conditions under which health benefits

are provided under this chapter to a dependent of a deceased

member under paragraph (2) shall be the same as those that

would apply to the dependent under this chapter if the member

were living and serving on active duty for a period of more than

30 days.

‘‘(5) In this subsection, the term ‘TRICARE Prime’ means the

managed care option of the TRICARE program.’’.

(b) EFFECTIVE DATE.—The amendments made by subsection

(a) shall take effect on October 7, 2001, and shall apply with

respect to deaths occurring on or after that date.

SEC. 716. TRICARE STANDARD IN TRICARE REGIONAL OFFICES.

(a) RESPONSIBILITIES OF TRICARE REGIONAL OFFICE.—The

responsibilities of each TRICARE Regional Office shall include the

monitoring, oversight, and improvement of the TRICARE Standard

option in the TRICARE region concerned, including—

(1) identifying health care providers who will participate

in the TRICARE program and provide the TRICARE Standard

option under that program;

(2) communicating with beneficiaries who receive the

TRICARE Standard option;

(3) outreach to community health care providers to encourage their participation in the TRICARE program; and

(4) publication of information that identifies health care

providers in the TRICARE region concerned who provide the

TRICARE Standard option.

(b) ANNUAL REPORT.—The Secretary of Defense shall submit

an annual report to the Committees on Armed Services of the

Senate and the House of Representatives on the monitoring, oversight, and improvement of TRICARE Standard activities of each

TRICARE Regional Office. The report shall include—

(1) a description of the activities of the TRICARE Regional

Office to monitor, oversee, and improve the TRICARE Standard

option;

(2) an assessment of the participation of eligible health

care providers in TRICARE Standard in each TRICARE region;

and

(3) a description of any problems or challenges that have

been identified by both providers and beneficiaries with respect

to use of the TRICARE Standard option and the actions undertaken to address such problems or challenges.

(c) DEFINITION.—In this section, the term ‘‘TRICARE Standard’’

or ‘‘TRICARE standard option’’ means the Civilian Health and

Medical Program of the Uniformed Services option under the

TRICARE program.

SEC. 717. QUALIFICATIONS FOR INDIVIDUALS SERVING AS TRICARE

REGIONAL DIRECTORS.

(a) QUALIFICATIONS.—Effective as of the date of the enactment

of this Act, no individual may be selected to serve in the position

of Regional Director under the TRICARE program unless the individual—

Effective date.

10 USC 1073

note.

10 USC 1073

note.

10 USC 1079

note.

119 STAT. 3346 PUBLIC LAW 109–163—JAN. 6, 2006

(1) is—

(A) an officer of the Armed Forces in a general or

flag officer grade;

(B) a civilian employee of the Department of Defense

in the Senior Executive Service; or

(C) a civilian employee of the Federal Government

in a department or agency other than the Department

of Defense, or a civilian working in the private sector,

who has experience in a position comparable to an officer

described in subparagraph (A) or a civilian employee

described in subparagraph (B); and

(2) has at least 10 years of experience, or equivalent expertise or training, in the military health care system, managed

care, and health care policy and administration.

(b) TRICARE PROGRAM DEFINED.—In this section, the term

‘‘TRICARE program’’ has the meaning given such term in section

1072(7) of title 10, United States Code.

Subtitle C—Mental Health-Related

Provisions

SEC. 721. PROGRAM FOR MENTAL HEALTH AWARENESS FOR DEPENDENTS AND PILOT PROJECT ON POST TRAUMATIC STRESS

DISORDER.

(a) PROGRAM ON MENTAL HEALTH AWARENESS.— (1) REQUIREMENT.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense shall

develop a program to improve awareness of the availability

of mental health services for, and warning signs about mental

health problems in, dependents of members of the Armed Forces

whose sponsor served or will serve in a combat theater during

the previous or next 60 days.

(2) MATTERS COVERED.—The program developed under

paragraph (1) shall be designed to—

(A) increase awareness of mental health services available to dependents of members of the Armed Forces on

active duty;

(B) increase awareness of mental health services available to dependents of Reservists and National Guard members whose sponsors have been activated; and

(C) increase awareness of mental health issues that

may arise in dependents referred to in subparagraphs (A)

and (B) whose sponsor is deployed to a combat theater.

(3) COORDINATION.—The Secretary may permit the Department of Defense to coordinate the program developed under

paragraph (1) with an accredited college, university, hospitalbased, or community-based mental health center or engage

mental health professionals to develop programs to help implement this section.

(4) AVAILABILITY IN OTHER LANGUAGES.—The Secretary

shall evaluate whether the effectiveness of the program developed under paragraph (1) would be improved by providing

materials in languages other than English and take action

accordingly

(5) REPORT.—Not later than one year after implementation

of the program developed under paragraph (1), the Secretary

Deadline.

10 USC 1077

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3347

shall submit to Congress a report on the effectiveness of the

program, including the extent to which the program is used

by low-English-proficient individuals.

(b) PILOT PROJECT ON POST TRAUMATIC STRESS DISORDER.—

(1) REQUIREMENT.—The Secretary of Defense shall carry

out a pilot project to evaluate the efficacy of various approaches

to improving the capability of the military and civilian health

care systems to provide early diagnosis and treatment of post

traumatic stress disorder (PTSD) and other mental health

conditions.

(2) INTERNET-BASED DIAGNOSIS AND TREATMENT.—The pilot

project shall be designed to evaluate—

(A) Internet-based automated tools available to military and civilian health care providers for the early diagnosis and treatment of post traumatic stress disorder, and

for tracking patients who suffer from post traumatic stress

disorder; and

(B) Internet-based tools available to family members

of members of the Armed Forces in order to assist such

family members in the identification of the emergence of

post traumatic stress disorder.

(3) REPORT.—Not later than June 1, 2006, the Secretary

shall submit to the congressional defense committees a report

on the pilot project. The report shall include a description

of the pilot project, including the location of the pilot project

and the scope and objectives of the pilot project.

SEC. 722. PILOT PROJECTS ON EARLY DIAGNOSIS AND TREATMENT

OF POST TRAUMATIC STRESS DISORDER AND OTHER

MENTAL HEALTH CONDITIONS.

(a) PILOT PROJECTS REQUIRED.—The Secretary of Defense may

carry out pilot projects to evaluate the efficacy of various approaches

to improving the capability of the military and civilian health

care systems to provide early diagnosis and treatment of post traumatic stress disorder (PTSD) and other mental health conditions.

(b) PILOT PROJECT REQUIREMENTS.—

(1) MOBILIZATION-DEMOBILIZATION FACILITY.—

(A) IN GENERAL.—A pilot project under subsection (a)

may be carried out at a military medical facility at a

large military installation at which the mobilization or

demobilization of members of the Armed Forces occurs.

(B) ELEMENTS.—The pilot project under this paragraph

shall be designed to evaluate and produce effective diagnostic and treatment approaches for use by primary care

providers in the military health care system in order to

improve the capability of such providers to diagnose and

treat post traumatic stress disorder in a manner that avoids

the referral of patients to specialty care by a psychiatrist

or other mental health professional.

(2) NATIONAL GUARD OR RESERVE FACILITY.—

(A) IN GENERAL.—A pilot project under subsection (a)

may be carried out at the location of a National Guard

or Reserve unit or units that are located more than 40

miles from a military medical facility and whose personnel

are served primarily by civilian community health

resources.

10 USC 1074

note.

119 STAT. 3348 PUBLIC LAW 109–163—JAN. 6, 2006

(B) ELEMENTS.—The pilot project under this paragraph

shall be designed—

(i) to evaluate approaches for providing evidencebased clinical information on post traumatic stress disorder to civilian primary care providers; and

(ii) to develop educational materials and other tools

for use by members of the National Guard or Reserve

who come into contact with other members of the

National Guard or Reserve who may suffer from post

traumatic stress disorder in order to encourage and

facilitate early reporting and referral for treatment.

(c) REPORT.—Not later than September 1, 2006, the Secretary

shall submit to the congressional defense committees a report on

the progress toward identifying pilot projects to be carried out

under this section. To the extent possible the report shall include

a description of each such pilot project, including the location of

the pilot projects under paragraphs (1) and (2) of subsection (b),

and the scope and objectives of each such pilot project.

SEC. 723. DEPARTMENT OF DEFENSE TASK FORCE ON MENTAL

HEALTH.

(a) REQUIREMENT TO ESTABLISH.—The Secretary of Defense

shall establish within the Department of Defense a task force

to examine matters relating to mental health and the Armed Forces.

(b) COMPOSITION.—

(1) MEMBERS.—The task force shall consist of not more

than 14 members appointed by the Secretary of Defense from

among individuals described in paragraph (2) who have demonstrated expertise in the area of mental health.

(2) RANGE OF MEMBERS.—The individuals appointed to the

task force shall include—

(A) at least one member of each of the Army, Navy,

Air Force, and Marine Corps;

(B) a number of persons from outside the Department

of Defense equal to the total number of personnel from

within the Department of Defense (whether members of

the Armed Forces or civilian personnel) who are appointed

to the task force;

(C) persons who have experience in—

(i) national mental health policy;

(ii) military personnel policy;

(iii) research in the field of mental health;

(iv) clinical care in mental health; or

(v) military chaplain or pastoral care; and

(D) at least one family member of a member of the

Armed Forces who has experience working with military

families.

(3) INDIVIDUALS APPOINTED WITHIN DEPARTMENT OF

DEFENSE.—At least one of the individuals appointed to the

task force from within the Department of Defense shall be

the surgeon general of an Armed Force.

(4) INDIVIDUALS APPOINTED OUTSIDE DEPARTMENT OF

DEFENSE.—(A) Individuals appointed to the task force from

outside the Department of Defense may include officers or

employees of other departments or agencies of the Federal

Government, officers or employees of State and local governments, or individuals from the private sector.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3349

(B) The individuals appointed to the task force from outside

the Department of Defense shall include—

(i) an officer or employee of the Department of Veterans

Affairs; and

(ii) an officer or employee of the Substance Abuse

and Mental Health Services Administration of the Department of Health and Human Services.

(5) DEADLINE FOR APPOINTMENT.—All appointments of

individuals to the task force shall be made not later than

90 days after the date of the enactment of this Act.

(6) CO-CHAIRS OF TASK FORCE.—There shall be two cochairs of the task force. One of the co-chairs shall be designated

by the Secretary of the Defense at the time of appointment

from among the Department of Defense personnel appointed

to the task force. The other co-chair shall be selected from

among the members appointed from outside the Department

of Defense by members so appointed.

(c) ASSESSMENT AND RECOMMENDATIONS ON MENTAL HEALTH

SERVICES.—

(1) IN GENERAL.—Not later than 12 months after the date

on which all members of the task force have been appointed,

the task force shall submit to the Secretary a report containing

an assessment of, and recommendations for improving, the

efficacy of mental health services provided to members of the

Armed Forces by the Department of Defense.

(2) UTILIZATION OF OTHER EFFORTS.—In preparing the

report, the task force shall take into consideration completed

and ongoing efforts by the Department of Defense and the

Department of Veterans Affairs to improve the efficacy of

mental health care provided to members of the Armed Forces

by the Departments.

(3) ELEMENTS.—The assessment and recommendations

(including recommendations for legislative or administrative

action) shall include measures to improve the following:

(A) The awareness of the potential for mental health

conditions among members of the Armed Forces.

(B) The access to and efficacy of existing programs

in primary care and mental health care to prevent, identify,

and treat mental health conditions among members of the

Armed Forces, including programs for and with respect

to forward-deployed troops.

(C) Identification and means to evaluate the effectiveness of pilot projects authorized by section 722 with the

objective of improving early diagnosis and treatment of

post traumatic stress disorder and other mental health

conditions.

(D) The access to and programs for family members

of members of the Armed Forces, including family members

overseas.

(E) The reduction or elimination of barriers to care,

including the stigma associated with seeking help for

mental health related conditions, and the enhancement

of confidentiality for members of the Armed Forces seeking

care for such conditions.

(F) The awareness of mental health services available

to dependents of members of the Armed Forces whose

Deadline.

Reports.

Designation.

119 STAT. 3350 PUBLIC LAW 109–163—JAN. 6, 2006

sponsors have been activated or deployed to a combat theater.

(G) The adequacy of outreach, education, and support

programs on mental health matters for families of members

of the Armed Forces.

(H) The early identification and treatment of mental

health and substance abuse problems through the use of

internal mass media communications (including radio and

television) and other education tools to change attitudes

within the Armed Forces regarding mental health and substance abuse treatment.

(I) The efficacy of programs and mechanisms for

ensuring a seamless transition from care of members of

the Armed Forces on active duty for mental health conditions through the Department of Defense to care for such

conditions through the Department of Veterans Affairs

after such members are discharged or released from military, naval, or air service.

(J) The availability of long-term follow-up and access

to care for mental health conditions for members of the

Individual Ready Reserve and the Selective Reserve and

for discharged, separated, or retired members of the Armed

Forces.

(K) Collaboration among organizations in the Department of Defense with responsibility for or jurisdiction over

the provision of mental health services.

(L) Coordination between the Department of Defense

and civilian communities, including local support organizations, with respect to mental health services.

(M) The scope and efficacy of curricula and training

on mental health matters for commanders in the Armed

Forces.

(N) The efficiency of pre- and post-deployment mental

health screening, including mental health screenings for

members of the Armed Forces who have experienced multiple deployments.

(O) The effectiveness of mental health programs provided in languages other than English.

(P) Such other matters as the task force considers

appropriate.

(d) ADMINISTRATIVE MATTERS.—

(1) COMPENSATION.—Each member of the task force who

is a member of the Armed Forces or a civilian officer or

employee of the United States shall serve without compensation

(other than compensation to which entitled as a member of

the Armed Forces or an officer or employee of the United

States, as the case may be). Other members of the task force

shall be treated for purposes of section 3161 of title 5, United

States Code, as having been appointed under subsection (b)

of such section.

(2) OVERSIGHT.—The Under Secretary of Defense for Personnel and Readiness shall oversee the activities of the task

force.

(3) ADMINISTRATIVE SUPPORT.—The Washington Headquarters Services of the Department of Defense shall provide

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3351

the task force with personnel, facilities, and other administrative support as necessary for the performance of the duties

of the task force.

(4) ACCESS TO FACILITIES.—The Under Secretary of Defense

for Personnel and Readiness shall, in coordination with the

Secretaries of the military departments, ensure appropriate

access by the task force to military installations and facilities

for purposes of the discharge of the duties of the task force.

(e) REPORT.— (1) IN GENERAL.—The task force shall submit to the Secretary of Defense a report on its activities under this section.

The report shall include—

(A) a description of the activities of the task force;

(B) the assessment and recommendations required by

subsection (c); and

(C) such other matters relating to the activities of

the task force that the task force considers appropriate.

(2) TRANSMITTAL TO CONGRESS.—Not later than 90 days

after receipt of the report under paragraph (1), the Secretary

shall transmit the report to the Committees on Armed Services

and Veterans’ Affairs of the Senate and the House of Representatives. The Secretary may include in the transmittal such comments on the report as the Secretary considers appropriate.

(f) PLAN REQUIRED.—Not later than 6 months after receipt

of the report from the task force under subsection (e)(1), the Secretary of Defense shall develop a plan based on the recommendations of the task force and submit the plan to the congressional

defense committees.

(g) TERMINATION.—The task force shall terminate 90 days after

the date on which the report of the task force is submitted to

Congress under subsection (e)(2).

Subtitle D—Studies and Reports

SEC. 731. STUDY RELATING TO PREDEPLOYMENT AND

POSTDEPLOYMENT MEDICAL EXAMS OF CERTAIN MEMBERS OF THE ARMED FORCES.

(a) STUDY.—The Secretary of Defense shall conduct a study

of the effectiveness of self-administered surveys included in

predeployment and postdeployment medical exams, including the

mental health portion of the surveys, of members of the Armed

Forces that are carried out as part of the medical tracking system

required under section 1074f of title 10, United States Code.

(b) REPORT.—Not later than 120 days after the date of the

enactment of this Act, the Secretary shall submit to the Committees

on Armed Services of the Senate and the House of Representatives

a report on the study conducted under subsection (a).

SEC. 732. REQUIREMENTS FOR PHYSICAL EXAMINATIONS AND MEDICAL AND DENTAL READINESS FOR MEMBERS OF THE

SELECTED RESERVE NOT ON ACTIVE DUTY.

(a) IN GENERAL.—Subsection (a) of section 10206 of title 10,

United States Code, is amended—

(1) by amending paragraph (1) to read as follows:

‘‘(1) have a comprehensive medical readiness health and

dental assessment on an annual basis, including routine annual

Deadline.

119 STAT. 3352 PUBLIC LAW 109–163—JAN. 6, 2006

preventive health care screening and periodic comprehensive

physical examinations in accordance with regulations prescribed by the Secretary of Defense that reflect morbidity and

mortality risks associated with the military service, age, and

gender of the member; and’’; and

(2) in paragraph (2), by striking ‘‘annually to the Secretary

concerned’’ and all that follows and inserting ‘‘to the Secretary

concerned on an annual basis documentation of the medical

and dental readiness of the member to perform military

duties.’’.

(b) CONFORMING AMENDMENT.—The heading of such section

is amended by striking ‘‘periodic’’.

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1007 of such title is amended in the item relating

to section 10206 by striking ‘‘periodic’’.

SEC. 733. REPORT ON DELIVERY OF HEALTH CARE BENEFITS

THROUGH THE MILITARY HEALTH CARE SYSTEM.

(a) REPORT REQUIRED.—Not later than February 1, 2007, the

Secretary of Defense shall submit to the congressional defense

committees a report on the delivery of health care benefits through

the military health care system.

(b) ELEMENTS.—The report under subsection (a) shall include

the following:

(1) An analysis of the organization and costs of delivering

health care benefits to current and retired members of the

Armed Forces and their families.

(2) An analysis of the costs of ensuring medical readiness

throughout the Armed Forces in support of national security

objectives.

(3) An assessment of the role of health benefits in the

recruitment and retention of members of the Armed Forces,

whether in the regular components or the reserve components

of the Armed Forces.

(4) An assessment of the experience of the military departments during fiscal years 2003, 2004, and 2005 in recruitment

and retention of military and civilian medical and dental personnel, whether in the regular components or the reserve

components of the Armed Forces, in light of military and

civilian medical manpower requirements.

(5) A description of requirements for graduate medical education for military medical care providers and options for

meeting such requirements, including civilian medical training

programs.

(c) RECOMMENDATIONS.—In addition to the matters specified

in subsection (b), the report under subsection (a) shall also include

such recommendations for legislative or administrative action as

the Secretary considers necessary to improve efficiency and quality

in the provision of health care benefits through the military health

care system, including recommendations on—

(1) the organization and delivery of health care benefits;

(2) mechanisms required to measure costs more accurately;

(3) mechanisms required to measure quality of care, and

access to care, more accurately;

(4) Department of Defense participation in the Medicare

Advantage Program, formerly Medicare plus Choice;

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3353

(5) the use of flexible spending accounts and health savings

accounts for military retirees under the age of 65;

(6) incentives for eligible beneficiaries of the military health

care system to retain private employer-provided health care

insurance;

(7) means of improving integrated systems of disease

management, including chronic illness management;

(8) means of improving the safety and efficiency of pharmacy benefits management;

(9) the management of enrollment options for categories

of eligible beneficiaries in the military health care system;

(10) reform of the provider payment system, including the

potential for use of a pay-for-performance system in order to

reward quality and efficiency in the TRICARE system;

(11) means of improving efficiency in the administration

of the TRICARE program, to include the reduction of headquarters and redundant management layers, and maximizing

efficiency in the claims processing system;

(12) other improvements in the efficiency of the military

health care system; and

(13) any other matters the Secretary considers appropriate

to improve the efficiency and quality of military health care

benefits.

SEC. 734. COMPTROLLER GENERAL STUDIES AND REPORT ON DIFFERENTIAL PAYMENTS TO CHILDREN’S HOSPITALS FOR

HEALTH CARE FOR CHILDREN DEPENDENTS AND MAXIMUM ALLOWABLE CHARGE FOR OBSTETRICAL CARE

SERVICES UNDER TRICARE.

(a) STUDIES REQUIRED.—The Comptroller General of the United

States shall conduct the following studies:

(1) A study of the effectiveness of the current system of

differential payments to children’s hospitals for health care

services for dependent children of members of the uniformed

services under the TRICARE program in achieving the objective

of securing adequate health care services for such dependent

children under that program.

(2) A study of the effectiveness of the TRICARE program

in achieving the objective of adequate access to high quality

obstetrical care services for family members of members of

the uniformed services.

(b) ELEMENTS OF CHILDREN’S HOSPITALS STUDY.—The study

required by subsection (a)(1) shall include the following:

(1) A description of the current participation of children’s

hospitals in the TRICARE program.

(2) An assessment of the current system of payments to

children’s hospitals under the TRICARE program, including

differential payments to such hospitals for health care services

described in subsection (a)(1), including an assessment of—

(A) the extent to which the calculation of such differential payments takes into account the complexity and

extraordinary resources required for the provision of such

health care services;

(B) the extent to which TRICARE payment rates,

including the children’s hospital differential, have kept pace

with inflation in health care costs for children’s hospitals

since the establishment of the differential in 1988;

119 STAT. 3354 PUBLIC LAW 109–163—JAN. 6, 2006

(C) the extent to which such differential payments

provide appropriate compensation to such hospitals for the

provision of such services; and

(D) any obstacles or challenges to the development

of future modifications to the system of differential payments.

(3) An assessment of the adequacy of, including any barrier

to, the access of dependent children described in subsection

(a)(1) to specialized hospital services for their illnesses under

the TRICARE program.

(c) ELEMENTS OF OBSTETRICAL CARE SERVICES STUDY.—The

study required by subsection (a)(2) shall include the following:

(1) A description of the current participation of civilian

providers of obstetrical care services in the TRICARE program.

(2) An assessment of the current system of payments for

obstetrical care services, including an assessment of—

(A) the extent to which the calculation of such payments takes into account the complexity and resources

required;

(B) the extent to which TRICARE payment rates have

kept pace with inflation in health care costs;

(C) the extent to which such payments provide appropriate compensation to providers of such services; and

(D) obstacles or challenges to the development of future

improvements to access to high quality obstetrical services,

including referral patterns and inclusion of all necessary

services within the maximum allowable charge.

(3) An assessment of the adequacy of the access of military

family members to needed obstetrical care services.

(d) REPORT.—Not later than May 1, 2006, the Comptroller

General shall submit to the Secretary of Defense and the congressional defense committees a report on the studies required by

subsection (a), together with such recommendations, if any, as

the Comptroller General considers appropriate for modifications

of the current system of differential payments to children’s hospitals

and payments for obstetrical care services in order to achieve the

objectives described in that subsection.

(e) TRANSMITTAL TO CONGRESS.—

(1) IN GENERAL.—Not later than November 1, 2006, the

Secretary of Defense shall transmit to the congressional defense

committees the report submitted by the Comptroller General

to the Secretary under subsection (d).

(2) IMPLEMENTATION OF MODIFICATIONS.—If the report

under paragraph (1) includes recommendations of the Comptroller General for modifications of the current system of differential payments to children’s hospitals or of payments for

obstetrical care services, the Secretary shall transmit with the

report—

(A) a proposal for such legislative or administration

action as may be required to implement such modifications;

and

(B) an assessment and estimate of the costs associated

with the implementation of such modifications.

(f) DEFINITIONS.—In this section:

(1) DIFFERENTIAL PAYMENTS TO CHILDREN’S HOSPITALS.— The term ‘‘differential payments to children’s hospitals’’ means

the additional amounts paid to children’s hospitals under the

Deadline.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3355

TRICARE program for health care procedures for severely ill

children in order to take into account the additional costs

associated with such procedures for such children when compared with the costs associated with such procedures for adults

and other children.

(2) PAYMENTS FOR OBSTETRICAL CARE.—The term ‘‘payments for obstetrical care services’’ means the maximum allowable payment rates established by the Department of Defense

under the TRICARE program for routine obstetrical care,

including prenatal care, laboratory tests in accordance with

accepted obstetrical practices standards, specialty care if

needed, delivery, and post-partum maternal care.

(3) TRICARE PROGRAM.—The term ‘‘TRICARE program’’ has

the meaning given that term in section 1072(7) of title 10,

United States Code.

SEC. 735. REPORT ON THE DEPARTMENT OF DEFENSE AHLTA GLOBAL

ELECTRONIC HEALTH RECORD SYSTEM.

(a) REPORT REQUIRED.—Not later than six months after the

date of the enactment of this Act, the Secretary of Defense shall

submit to the appropriate committees of Congress a report on

the Department of Defense AHLTA global electronic health record

system.

(b) REPORT ELEMENTS.—The report under subsection (a) shall

include the following:

(1) A chronology and description of previous efforts undertaken to develop an electronic medical records system capable

of maintaining a two-way exchange of data between the Department of Defense and the Department of Veterans Affairs.

(2) The plans as of the date of the report, including any

projected commencement dates, for the implementation of the

AHLTA global electronic health record system.

(3) A description of the software and hardware being considered as of the date of the report for use in the AHLTA global

electronic health record system.

(4) A description of the management structure used in

the development of the AHLTA global electronic health record

system.

(5) A description of the accountability measures utilized

during the development of the AHLTA global electronic health

record system in order to evaluate progress made in the

development of that system.

(6) The schedule for the remaining development of the

AHLTA global electronic health record system.

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committees on Armed Services, Appropriations,

Veterans’ Affairs, and Health, Education, Labor, and Pensions

of the Senate; and

(2) the Committees on Armed Services, Appropriations,

Veterans’ Affairs, and Energy and Commerce of the House

of Representatives.

119 STAT. 3356 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 736. COMPTROLLER GENERAL STUDY AND REPORT ON VACCINE

HEALTHCARE CENTERS.

(a) STUDY REQUIRED.—The Comptroller General shall conduct

a study of the Vaccine Healthcare Centers operated by the Department of Defense in support of medical needs arising from mandatory

military vaccinations.

(b) ELEMENTS.—In conducting the study under subsection (a),

the Comptroller General shall examine the following:

(1) The mission of each Center.

(2) The adequacy of resources available to support the

mission of each Center and the source of those resources from

within the Department of Defense.

(3) The extent of participation and support of the Centers

by each of the Armed Forces.

(4) The effectiveness of the Centers in supporting the medical needs of members of the Armed Forces arising from mandatory military vaccinations.

(5) The effectiveness of the Centers in providing assistance

to military and civilian healthcare providers based on outreach

to and response to inquiries from providers.

(6) The extent to which the Centers are conducting evaluations to identify and treat potential and actual health effects

from vaccines.

(7) The extent to which the Centers take advantage of

and are linked to vaccine health resources outside the Department of Defense.

(8) The extent to which the Centers are involved in outreach to military and civilian healthcare providers relating

to vaccine safety, efficiency, and acceptability.

(9) The extent to which similar activities conducted by

the Centers are conducted in governmental or nongovernmental

agencies outside the Department of Defense.

(c) RECOMMENDATIONS.—The Comptroller General shall submit

to Congress a report containing findings and recommendations not

later than May 30, 2006, including recommendations on ways to

improve the ability of the Department of Defense to understand

and support medical needs arising from mandatory military vaccinations and the extent to which the Department of Defense requires

the Vaccine Healthcare Centers to continue in their current configuration.

SEC. 737. REPORT ON ADVERSE HEALTH EVENTS ASSOCIATED WITH

USE OF ANTI-MALARIAL DRUGS.

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct

a study of adverse health events that may be associated with

use of anti-malarial drugs, including mefloquine.

(b) MATTERS COVERED.—The study required by subsection (a)

shall include a comparison of adverse health (including mental

health) events that may be associated with different anti-malarial

drugs, including mefloquine.

(c) REPORT.—Not later than one year after the date of the

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required by subsection (a).

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3357

SEC. 738. REPORT ON RESERVE DENTAL INSURANCE PROGRAM.

(a) STUDY.—The Secretary of Defense shall conduct a study

of the Reserve dental insurance program.

(b) ELEMENTS.—The study required by subsection (a) shall—

(1) identify the most effective mechanism or mechanisms

for the payment of premiums under the Reserve dental insurance program for members of the reserve components of the

Armed Forces and their dependents, including by deduction

from reserve pay, by direct collection, or by other means

(including appropriate mechanisms from other military benefits

programs), to ensure uninterrupted availability of premium

payments regardless of whether members are performing active

duty with pay or inactive-duty training with pay;

(2) include such matters relating to the Reserve dental

insurance program as the Secretary considers appropriate; and

(3) assess the effectiveness of mechanisms for informing

the members of the reserve components of the Armed Forces

of the availability of, and benefits under, the Reserve dental

insurance program.

(c) REPORT.—Not later than February 1, 2007, the Secretary

shall submit to the congressional defense committees a report on

the study required by subsection (a). The report shall include the

findings of the study and such recommendations for legislative

or administrative action regarding the Reserve dental insurance

program as the Secretary considers appropriate in light of the

study.

(d) RESERVE DENTAL INSURANCE PROGRAM DEFINED.—In this

section, the term ‘‘Reserve dental insurance program’’ includes—

(1) the dental insurance plan required under paragraph

(1) of section 1076a(a) of title 10, United States Code; and

(2) any dental insurance plan established under paragraph

(2) or (4) of section 1076a(a) of title 10, United States Code.

SEC. 739. DEMONSTRATION PROJECT STUDY ON MEDICARE ADVANTAGE REGIONAL PREFERRED PROVIDER ORGANIZATION

OPTION FOR TRICARE-MEDICARE DUAL-ELIGIBLE BENEFICIARIES.

(a) STUDY ON DEMONSTRATION PROJECT.—

(1) REQUIREMENT.—The Secretary of Defense shall conduct

a study to evaluate the feasibility and cost effectiveness of

conducting a demonstration project under section 1092 of title

10, United States Code, to implement the provisions of section

1097(d) of such title. The purpose of such a demonstration

project would be to evaluate whether applying the managed

care methods under the Medicare Advantage program under

part C of title XVIII of the Social Security Act would improve

the quality of care, realize cost savings to the Department

of Defense, and improve beneficiary satisfaction for Department

of Defense beneficiaries who also are entitled to health care

under medicare.

(2) ELEMENTS OF STUDY.—The study required by paragraph

(1) shall include an analysis of the following:

(A) The impact of the Medicare Advantage Regional

Preferred Provider Organization model on medical utilization, pharmacy usage, and Department of Defense health

care costs.

(B) The full costs of the demonstration project.

119 STAT. 3358 PUBLIC LAW 109–163—JAN. 6, 2006

(C) The implementation and use of quality improvement and chronic care improvement programs for Department of Defense beneficiaries.

(D) Beneficiary satisfaction.

(E) The near term and long term effect on all existing

Department of Defense contracts for health care support,

including TRICARE managed care contracts, claims processing contracts, and pharmacy contracts.

(F) A comparison of the costs and benefits of using

existing Department of Defense contractors or new Department of Defense contractors who are qualified as the vehicle

for conducting the demonstration.

(b) PLAN.—

(1) REQUIREMENT.—If the Secretary of Defense determines

under subsection (a) that the demonstration project is feasible,

cost effective, and in the best interests of the Department

of Defense and eligible beneficiaries, the Secretary, in coordination with other administering Secretaries, shall develop a plan

to carry out the demonstration project.

(2) ELEMENTS OF PLAN.—

(A) HEALTH CARE BENEFITS.—In the plan, the Secretary

of Defense shall prescribe the minimum health care benefits to be provided under the plan to eligible beneficiaries

enrolled in the plan. Those benefits shall include at least

all health care services covered under part A and part

B of medicare and TRICARE for Life.

(B) DEMONSTRATION SERVICE AREA.—In the plan, the

Secretary shall provide for conducting the demonstration

in at least two demonstration service areas.

(C) ELIGIBILITY.—In the plan, the Secretary shall provide that any eligible beneficiary who meets the eligibility

requirements for participation in the Medicare Advantage

Regional Preferred Provider Organization plan who resides

in the demonstration service area is eligible to enroll in

the demonstration on a voluntary basis.

(D) DURATION.—In the plan, the Secretary shall provide for conducting the demonstration for a period of time

consistent with decisions made by the Department of

Defense to exercise remaining option periods on the managed care support contract covering the area where the

demonstration occurs.

(E) EVALUATION OF THE DEMONSTRATION PROJECT.—

The plan shall include a plan to evaluate the costs and

benefits of all elements of the demonstration project,

including the elements described in subsection (a)(2) and,

in addition, the financial mechanisms used in carrying

out the demonstration project.

(c) DEFINITIONS.—In this section:

(1) ELIGIBLE BENEFICIARY.—The term ‘‘eligible beneficiary’’

means a person who is eligible for both TRICARE and medicare

under section 1086(d)(2) of title 10, United States Code.

(2) MEDICARE.—The term ‘‘medicare’’ means title XVIII

of the Social Security Act (42 U.S.C. 1395 et seq.).

(3) ADMINISTERING SECRETARIES.—The term ‘‘administering

Secretaries’’ has the meaning provided by section 1072(3) of

title 10, United States Code.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3359

(d) REPORT.—Not later than April 1, 2006, the Secretary of

Defense shall submit to the Committees on Armed Services of

the Senate and House of Representatives a report on the study

required under subsection (a), along with the plan under subsection

(b) if applicable.

SEC. 740. PILOT PROJECTS ON PEDIATRIC EARLY LITERACY AMONG

CHILDREN OF MEMBERS OF THE ARMED FORCES.

(a) PILOT PROJECTS AUTHORIZED.—The Secretary of Defense

may conduct pilot projects to assess the feasibility, advisability,

and utility of encouraging pediatric early literacy among the children of members of the Armed Forces.

(b) LOCATIONS.—

(1) IN GENERAL.—The pilot projects conducted under subsection (a) shall be conducted at not more than 20 military

medical treatment facilities designated by the Secretary for

purposes of this section.

(2) CO-LOCATION WITH CERTAIN INSTALLATIONS.—In designating military medical treatment facilities under paragraph

(1), the Secretary shall, to the extent practicable, designate

facilities that are located on, or co-located with, military

installations at which the mobilization or demobilization of

members of the Armed Forces occurs.

(c) ACTIVITIES.—Activities under the pilot projects conducted

under subsection (a) shall the following:

(1) The provision of training to health care providers and

other appropriate personnel on early literacy promotion.

(2) The purchase and distribution of children’s books to

members of the Armed Forces, their spouses, and their children.

(3) The modification of treatment facility and clinic waiting

rooms to include a full selection of literature for children.

(4) The dissemination to members of the Armed Forces

and their spouses of parent education materials on pediatric

early literacy.

(5) Such other activities as the Secretary considers appropriate.

(d) REPORT.—

(1) IN GENERAL.—Not later than March 1, 2007, 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 pilot projects conducted

under this section.

(2) ELEMENTS.—The report under paragraph (1) shall

include—

(A) a description of the pilot projects conducted under

this section, including the location of each pilot project

and the activities conducted under each pilot project; and

(B) an assessment of the feasibility, advisability, and

utility of encouraging pediatric early literacy among the

children of members of the Armed Forces.

10 USC 1073

note.

119 STAT. 3360 PUBLIC LAW 109–163—JAN. 6, 2006

Subtitle E—Other Matters

SEC. 741. AUTHORITY TO RELOCATE PATIENT SAFETY CENTER;

RENAMING MEDTEAMS PROGRAM.

(a) REPEAL OF REQUIREMENT TO LOCATE THE DEPARTMENT OF

DEFENSE PATIENT SAFETY CENTER WITHIN THE ARMED FORCES

INSTITUTE OF PATHOLOGY.—Subsection (c)(3) of section 754 of the

Floyd D. Spence National Defense Authorization Act for Fiscal

Year 2001 (as enacted by Public Law 106–398; 114 Stat. 1654–

196) is amended by striking ‘‘within the Armed Forces Institute

of Pathology’’.

(b) RENAMING MEDTEAMS PROGRAM.—Subsection (d) of such

section is amended by striking ‘‘MedTeams’’ in the heading and

inserting ‘‘Medical Team Training’’.

SEC. 742. MODIFICATION OF HEALTH CARE QUALITY INFORMATION

AND TECHNOLOGY ENHANCEMENT REPORTING

REQUIREMENT.

Section 723(e) of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 697) is amended

by striking paragraphs (1) through (4) and inserting the following:

‘‘(1) Measures of the quality of health care furnished,

including timeliness and accessibility of care.

‘‘(2) Population health.

‘‘(3) Patient safety.

‘‘(4) Patient satisfaction.

‘‘(5) The extent of use of evidence-based health care practices.

‘‘(6) The effectiveness of biosurveillance in detecting an

emerging epidemic.’’.

SEC. 743. CORRECTION TO ELIGIBILITY OF CERTAIN RESERVE OFFICERS FOR MILITARY HEALTH CARE PENDING ACTIVE

DUTY FOLLOWING COMMISSIONING.

(a) CORRECTION.—Clause (iii) of section 1074(a)(2)(B) of title

10, United States Code, is amended by inserting before the semicolon the following: ‘‘or the orders have been issued but the member

has not entered active duty’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect as of November 24, 2003, and as if included

in the enactment of paragraph (2) of section 1074(a) of title 10,

United States Code, by section 708 of the National Defense

Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117

Stat. 1530).

SEC. 744. PROHIBITION ON CONVERSIONS OF MILITARY MEDICAL AND

DENTAL POSITIONS TO CIVILIAN MEDICAL POSITIONS

UNTIL SUBMISSION OF CERTIFICATION.

(a) PROHIBITION ON CONVERSIONS.—

(1) SUBMISSION OF CERTIFICATION.—A Secretary of a military department may not convert any military medical or dental

position to a civilian medical or dental position until the Secretary submits to the Committees on Armed Services of the

Senate and the House of Representatives a certification that

the conversions within that department will not increase cost

or decrease quality of care or access to care. Such a certification

may not be submitted before June 1, 2006.

Effective date.

10 USC 129c

note.

10 USC 1074

note.

10 USC 1071

note.

10 USC 1071

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3361

(2) REPORT WITH CERTIFICATION.—A Secretary submitting

such a certification shall include with the certification a written

report that includes—

(A) the methodology used by the Secretary in making

the determinations necessary for the certification, including

the extent to which the Secretary took into consideration

the findings of the Comptroller General in the report under

subsection (b)(3);

(B) the results of a market survey in each affected

area of the availability of civilian medical and dental care

providers in such area in order to determine whether the

civilian medical and dental care providers available in such

area are adequate to fill the civilian positions created by

the conversion of military medical and dental positions

to civilian positions in such area; and

(C) any action taken by the Secretary in response

to recommendations in the Comptroller General report

under subsection (b)(3).

(b) REQUIREMENT FOR STUDY.—

(1) IN GENERAL.—The Comptroller General shall conduct

a study on the effect of conversions of military medical and

dental positions to civilian medical or dental positions on the

defense health program.

(2) MATTERS COVERED.—The study shall include the following:

(A) The number of military medical and dental positions, by grade and specialty, planned for conversion to

civilian medical or dental positions.

(B) The number of military medical and dental positions, by grade and specialty, converted to civilian medical

or dental positions since October 1, 2004.

(C) The ability of the military health care system to

fill the civilian medical and dental positions required, by

specialty.

(D) The degree to which access to health care is affected

in both the direct and purchased care system, including

an assessment of the effects of any increased shifts in

patient load from the direct care to the purchased care

system, or any delays in receipt of care in either the direct

or purchased care system because of lack of direct care

providers.

(E) The degree to which changes in military manpower

requirements affect recruiting and retention of uniformed

medical and dental personnel.

(F) The degree to which conversion of the military

positions meets the joint medical and dental readiness

requirements of the uniformed services, as determined

jointly by all the uniformed services.

(G) The effect of the conversions of military medical

positions to civilian medical and dental positions on the

defense health program, including costs associated with

the conversions, with a comparison of the estimated costs

versus the actual costs incurred by the number of conversions since October 1, 2004.

(H) The effectiveness of the conversions in enhancing

medical and dental readiness, health care efficiency,

productivity, quality, and customer satisfaction.

119 STAT. 3362 PUBLIC LAW 109–163—JAN. 6, 2006

(3) REPORT ON STUDY.—Not later than May 1, 2006, the

Comptroller General shall submit to the Committees on Armed

Services of the Senate and House of Representatives a report

containing the results of the study under this section.

(c) DEFINITIONS.—In this section:

(1) The term ‘‘military medical or dental position’’ means

a position for the performance of health care functions within

the Armed Forces held by a member of the Armed Forces.

(2) The term ‘‘civilian medical or dental position’’ means

a position for the performance of health care functions within

the Department of Defense held by an employee of the Department or of a contractor of the Department.

(3) The term ‘‘affected area’’ means an area in which military medical or dental positions were converted to civilian

medical or dental positions before October 1, 2004, or in which

such conversions are scheduled to occur in the future.

(4) The term ‘‘uniformed services’’ has the meaning given

that term in section 1072(1) of title 10, United States Code.

SEC. 745. CLARIFICATION OF INCLUSION OF DENTAL CARE IN MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE PROGRAM.

(a) INCLUSION OF DENTAL CARE.—Subtitle D of title VII of

the Ronald W. Reagan National Defense Authorization Act for

Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 1074 note) is

amended by adding at the end the following new section:

‘‘SEC. 740. INCLUSION OF DENTAL CARE.

‘‘For purposes of the plan, this subtitle, and the amendments

made by this subtitle, references to medical readiness, health status,

and health care shall be considered to include dental readiness,

dental status, and dental care.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of title VII of such Act and in section 2(b) of such Act are

each amended by inserting after the item relating to section 739

the following:

‘‘Sec. 740. Inclusion of dental care.’’.

SEC. 746. COOPERATIVE OUTREACH TO MEMBERS AND FORMER MEMBERS OF THE NAVAL SERVICE EXPOSED TO ENVIRONMENTAL FACTORS RELATED TO SARCOIDOSIS.

(a) OUTREACH PROGRAM REQUIRED.—The Secretary of the Navy,

in coordination with the Secretary of Veterans Affairs, shall conduct

an outreach program intended to contact as many members and

former members of the naval service as possible who, in connection

with service aboard Navy ships, may have been exposed to aerosolized particles resulting from the removal of nonskid coating

used on those ships.

(b) PURPOSES OF OUTREACH PROGRAM.—The purposes of the

outreach program are as follows:

(1) To develop additional data for use in subsequent studies

aimed at determining a causative link between sarcoidosis and

military service.

(2) To inform members and former members identified

in subsection (a) of the findings of Navy studies identifying

an association between service aboard certain naval ships and

sarcoidosis.

10 USC 1074

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3363

(3) To provide information to assist members and former

members identified in subsection (a) in getting medical evaluations to help clarify linkages between their disease and their

service aboard Navy ships.

(4) To provide the Department of Veterans Affairs with

data and information for the effective evaluation of veterans

who may seek care for sarcoidosis.

(c) IMPLEMENTATION AND REPORT.—Not later than six months

after the date of the enactment of this Act, the Secretary of the

Navy shall begin the outreach program. Not later than one year

after beginning the program, the Secretary shall provide to the

Committees on Armed Services of the Senate and the House of

Representatives and the Committees on Veterans Affairs of the

Senate and House of Representatives a report on the results of

the outreach program.

SEC. 747. REPEAL OF REQUIREMENT FOR COMPTROLLER GENERAL

REVIEWS OF CERTAIN DEPARTMENT OF DEFENSEDEPARTMENT OF VETERANS AFFAIRS PROJECTS ON

SHARING OF HEALTH CARE RESOURCES.

(a) JOINT INCENTIVES PROGRAM.—Section 8111(d) of title 38,

United States Code, is amended—

(1) by striking paragraph (3); and

(2) by redesignating paragraph (4) as paragraph (3).

(b) HEALTH CARE RESOURCES SHARING AND COORDINATION

PROJECT.—Section 722 of the Bob Stump National Defense

Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116

Stat. 2595; 38 U.S.C. 8111 note) is amended—

(1) by striking subsection (h);

(2) by redesignating subsection (i) as subsection (h); and

(3) in paragraph (2) of subsection (h), as so redesignated,

by striking ‘‘based on recommendations’’ and all that follows

and inserting ‘‘as determined by the Secretaries based on

information available to the Secretaries to warrant such

action.’’.

SEC. 748. PANDEMIC AVIAN FLU PREPAREDNESS.

(a) REPORT.—The Secretary of Defense shall submit to the

Committees on Armed Services of the Senate and the House of

Representatives a report on the efforts within the Department

of Defense to prepare for pandemic influenza, including pandemic

avian influenza. The Secretary shall address the following, with

respect to military personnel, dependents of military personnel on

military installations, and civilian personnel within the Department

of Defense:

(1) The procurement of vaccines, antivirals, and other medicines, and medical supplies, including personal protective equipment, particularly those that must be imported.

(2) Protocols for the allocation and distribution of vaccines

and medicines among high priority personnel.

(3) Public health protection and containment measures that

may be implemented on military bases and other facilities,

including risk communication, quarantine, travel restrictions,

and other isolation precautions.

(4) Communication with Department of Defense-affiliated

health providers about pandemic preparedness and response.

(5) Surge capacity for the provision of medical care during

pandemics.

119 STAT. 3364 PUBLIC LAW 109–163—JAN. 6, 2006

(6) The availability and delivery of food and basic supplies

and services.

(7) Surveillance efforts domestically and internationally,

including those using the Global Emerging Infections Systems

(GEIS), and how such efforts are integrated with other ongoing

surveillance systems.

(8) The integration of pandemic and response planning

in the Department of Defense with the planning of other Federal departments, including the Department of Health and

Human Services, the Department of Homeland Security, the

Department of Veterans Affairs, the Department of State, and

USAID.

(9) Collaboration (as appropriate) with international entities engaged in pandemic preparedness and response.

(10) Acceleration of medical research and development

related to pandemic influenza.

(b) SUBMISSION OF REPORT.—The report required under subsection (a) shall be submitted not later than 120 days after the

date of the enactment of this Act.

SEC. 749. FOLLOW UP ASSISTANCE FOR MEMBERS OF THE ARMED

FORCES AFTER PRESEPARATION PHYSICAL EXAMINATIONS.

Section 1145(a) of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(5)(A) The Secretary of Defense shall, in consultation with

the Secretary of Veterans Affairs, ensure that appropriate actions

are taken to assist a member of the armed forces who, as a result

of a medical examination under paragraph (4), receives an indication for a referral for follow up treatment from the health care

provider who performs the examination.

‘‘(B) Assistance provided to a member under paragraph (1)

shall include the following:

‘‘(i) Information regarding, and any appropriate referral

for, the care, treatment, and other services that the Secretary

of Veterans Affairs may provide to such member under any

other provision of law, including—

‘‘(I) clinical services, including counseling and treatment for post-traumatic stress disorder and other mental

health conditions; and

‘‘(II) any other care, treatment, and services.

‘‘(ii) Information on the private sector sources of treatment

that are available to the member in the member’s community.

‘‘(iii) Assistance to enroll in the health care system of

the Department of Veterans Affairs for health care benefits

for which the member is eligible under laws administered by

the Secretary of Veterans Affairs.’’.

SEC. 750. POLICY ON ROLE OF MILITARY MEDICAL AND BEHAVIORAL

SCIENCE PERSONNEL IN INTERROGATION OF

DETAINEES.

(a) POLICY REQUIRED.—The Secretary of Defense shall establish

the policy of the Department of Defense on the role of military

medical and behavioral science personnel in the interrogation of

persons detained by the Armed Forces. The policy shall apply

uniformly throughout the Armed Forces.

(b) REPORT.—Not later than March 1, 2006, the Secretary shall

submit to the congressional defense committees a report on the

10 USC 801 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3365

policy established under subsection (a). The report shall set forth

the policy, and shall include such additional matters on the policy

as the Secretary considers appropriate.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

SUBTITLE A—PROVISIONS RELATING TO MAJOR DEFENSE ACQUISITION

PROGRAMS

Sec. 801. Requirement for certification before major defense acquisition program

may proceed to Milestone B.

Sec. 802. Requirements applicable to major defense acquisition programs exceeding baseline costs.

Sec. 803. Requirement for determination by Secretary of Defense and notification

to Congress before procurement of major weapon systems as commercial

items.

Sec. 804. Reports on significant increases in program acquisition unit costs or procurement unit costs of major defense acquisition programs.

Sec. 805. Report on use of lead system integrators in the acquisition of major systems.

Sec. 806. Congressional notification of cancellation of major automated information systems.

SUBTITLE B—ACQUISITION POLICY AND MANAGEMENT

Sec. 811. Internal controls for procurements on behalf of the Department of Defense.

Sec. 812. Management structure for the procurement of contract services.

Sec. 813. Report on service surcharges for purchases made for military departments through other Department of Defense agencies.

Sec. 814. Review of defense acquisition structures and capabilities.

Sec. 815. Modification of requirements applicable to contracts authorized by law for

certain military materiel.

Sec. 816. Guidance on use of tiered evaluations of offers for contracts and task orders under contracts.

Sec. 817. Joint policy on contingency contracting.

Sec. 818. Acquisition strategy for commercial satellite communication services.

Sec. 819. Authorization of evaluation factor for defense contractors employing or

subcontracting with members of the Selected Reserve of the reserve

components of the Armed Forces.

SUBTITLE C—AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES,

PROCEDURES, AND LIMITATIONS

Sec. 821. Participation by Department of Defense in acquisition workforce training

fund.

Sec. 822. Increase in cost accounting standard threshold.

Sec. 823. Modification of authority to carry out certain prototype projects.

Sec. 824. Increased limit applicable to assistance provided under certain procurement technical assistance programs.

SUBTITLE D—UNITED STATES DEFENSE INDUSTRIAL BASE PROVISIONS

Sec. 831. Clarification of exception from Buy American requirements for procurement of perishable food for establishments outside the United States.

Sec. 832. Training for defense acquisition workforce on the requirements of the

Berry Amendment.

Sec. 833. Amendments to domestic source requirements relating to clothing materials and components covered.

SUBTITLE E—OTHER MATTERS

Sec. 841. Review and report on Department of Defense efforts to identify contract

fraud, waste, and abuse.

Sec. 842. Extension of contract goal for small disadvantaged businesses and certain

institutions of higher education.

Sec. 843. Extension of deadline for report of advisory panel on laws and regulations

on acquisition practices.

119 STAT. 3366 PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 844. Exclusion of certain security expenses from consideration for purpose of

small business size standards.

Sec. 845. Disaster relief for small business concerns damaged by drought.

Sec. 846. Extension of limited acquisition authority for the commander of the

United States Joint Forces Command.

Sec. 847. Civilian Board of Contract Appeals.

Sec. 848. Statement of policy and report relating to contracting with employers of

persons with disabilities. Sec. 849. Study on Department of Defense contracting with small business concerns

owned and controlled by service-disabled veterans.

Subtitle A—Provisions Relating to Major

Defense Acquisition Programs

SEC. 801. REQUIREMENT FOR CERTIFICATION BEFORE MAJOR

DEFENSE ACQUISITION PROGRAM MAY PROCEED TO

MILESTONE B.

(a) CERTIFICATION REQUIREMENT.—Chapter 139 of title 10,

United States Code, is amended by inserting after section 2366

the following new section:

‘‘§ 2366a. Major defense acquisition programs: certification

required before Milestone B or Key Decision

Point B approval

‘‘(a) CERTIFICATION.—A major defense acquisition program may

not receive Milestone B approval, or Key Decision Point B approval

in the case of a space program, until the milestone decision

authority certifies that—

‘‘(1) the technology in the program has been demonstrated

in a relevant environment;

‘‘(2) the program demonstrates a high likelihood of accomplishing its intended mission;

‘‘(3) the program is affordable when considering the per

unit cost and the total acquisition cost in the context of the

total resources available during the period covered by the

future-years defense program submitted during the fiscal year

in which the certification is made;

‘‘(4) the Department of Defense has completed an analysis

of alternatives with respect to the program;

‘‘(5) the program is affordable when considering the ability

of the Department of Defense to accomplish the program’s

mission using alternative systems;

‘‘(6) the Joint Requirements Oversight Council has accomplished its duties with respect to the program pursuant to

section 181(b) of this title, including an analysis of the operational requirements for the program; and

‘‘(7) the program complies with all relevant policies, regulations, and directives of the Department of Defense.

‘‘(b) SUBMISSION TO CONGRESS.—The certification required

under subsection (a) with respect to a major defense acquisition

program shall be submitted to the congressional defense committees

with the first Selected Acquisition Report submitted under section

2432 of this title after completion of the certification.

‘‘(c) WAIVER FOR NATIONAL SECURITY.—The milestone decision

authority may waive the applicability to a major defense acquisition

program of one or more components (as specified in paragraph

(1), (2), (3), (4), (5), or (6) of subsection (a)) of the certification

requirement if the milestone decision authority determines that,

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3367

but for such a waiver, the Department would be unable to meet

critical national security objectives. Whenever the milestone decision authority makes such a determination and authorizes such

a waiver, the waiver, the determination, and the reasons for the

determination shall be submitted in writing to the congressional

defense committees within 30 days after the waiver is authorized.

‘‘(d) NONDELEGATION.—The milestone decision authority may

not delegate the certification requirement under subsection (a) or

the authority to waive any component of such requirement under

subsection (c).

‘‘(e) DEFINITIONS.—In this section:

‘‘(1) The term ‘major defense acquisition program’ means

a Department of Defense acquisition program that is a major

defense acquisition program for purposes of section 2430 of

this title.

‘‘(2) The term ‘milestone decision authority’, with respect

to a major defense acquisition program, means the individual

within the Department of Defense designated with overall

responsibility for the program.

‘‘(3) The term ‘Milestone B approval’ has the meaning provided that term in section 2366(e)(7) of this title.

‘‘(4) The term ‘Key Decision Point B’ means the official

program initiation of a National Security Space program of

the Department of Defense, which triggers a formal review

to determine maturity of technology and the program’s readiness to begin the preliminary system design.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 2366 the following new item:

‘‘2366a. Major defense acquisition programs: certification required before Milestone

B approval or Key Decision Point B approval.’’.

SEC. 802. REQUIREMENTS APPLICABLE TO MAJOR DEFENSE ACQUISITION PROGRAMS EXCEEDING BASELINE COSTS.

(a) SPECIFICATION OF SIGNIFICANT COST GROWTH THRESHOLD

AND CRITICAL COST GROWTH THRESHOLD.—Subsection (a) of section

2433 of title 10, United States Code, is amended by adding at

the end the following new paragraphs:

‘‘(4) The term ‘significant cost growth threshold’ means

the following:

‘‘(A) In the case of a major defense acquisition program,

a percentage increase in the program acquisition unit cost

for the program of—

‘‘(i) at least 15 percent over the program acquisition unit cost for the program as shown in the current

Baseline Estimate for the program; or

‘‘(ii) at least 30 percent over the program acquisition unit cost for the program as shown in the original

Baseline Estimate for the program.

‘‘(B) In the case of a major defense acquisition program

that is a procurement program, a percentage increase in

the procurement unit cost for the program of—

‘‘(i) at least 15 percent over the procurement unit

cost for the program as shown in the current Baseline

Estimate for the program; or

Deadline.

119 STAT. 3368 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(ii) at least 30 percent over the procurement unit

cost for the program as shown in the original Baseline

Estimate for the program.

‘‘(5) The term ‘critical cost growth threshold’ means the

following:

‘‘(A) In the case of a major defense acquisition program,

a percentage increase in the program acquisition unit cost

for the program of—

‘‘(i) at least 25 percent over the program acquisition unit cost for the program as shown in the current

Baseline Estimate for the program; or

‘‘(ii) at least 50 percent over the program acquisition unit cost for the program as shown in the original

Baseline Estimate for the program.

‘‘(B) In the case of a major defense acquisition program

that is a procurement program, a percentage increase in

the procurement unit cost for the program of—

‘‘(i) at least 25 percent over the procurement unit

cost for the program as shown in the current Baseline

Estimate for the program; or

‘‘(ii) at least 50 percent over the procurement unit

cost for the program as shown in the original Baseline

Estimate for the program.’’.

(b) INCORPORATION OF THRESHOLDS INTO UNIT COST REPORT

AND RELATED REQUIREMENTS.—

(1) UNIT COST REPORT REQUIREMENTS.—Subsection (c) of

such section is amended by striking ‘‘cause to believe—’’ and

all that follows through ‘‘reflected in the Baseline Estimate;’’

and inserting ‘‘cause to believe that the program acquisition

unit cost for the program or the procurement unit cost for

the program, as applicable, has increased by a percentage equal

to or greater than the significant cost growth threshold for

the program;’’.

(2) DETERMINATIONS OF SERVICE ACQUISITION EXECUTIVES.—Subsection (d) of such section is amended—

(A) in paragraph (1), by striking ‘‘by at least 15 percent,

or by at least 25 percent, over the program acquisition

unit cost for the program as shown in the Baseline Estimate’’ and inserting ‘‘by a percentage equal to or greater

than the significant cost growth threshold, or the critical

cost growth threshold, for the program’’;

(B) in paragraph (2), by striking ‘‘by at least 15 percent,

or by at least 25 percent, over the procurement unit cost

for the program as reflected in the Baseline Estimate’’

and inserting ‘‘by a percentage equal to or greater than

the significant cost growth threshold, or the critical cost

growth threshold, for the program’’; and

(C) in paragraph (3)—

(i) by striking ‘‘by at least 15 percent, or by at

least 25 percent, as determined under paragraph (1)’’

and inserting ‘‘by a percentage equal to or greater

than the significant cost growth threshold or critical

cost growth threshold’’; and

(ii) by striking ‘‘by at least 15 percent, or by at

least 25 percent, as determined under paragraph (2)’’

and inserting ‘‘by a percentage equal to or greater

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3369

than the significant cost growth threshold or critical

cost growth threshold’’.

(3) SERVICE ACQUISITION REPORTS.—Subsection (e) of such

section is amended—

(A) in paragraph (1)(A), by striking ‘‘by at least 15

percent’’ and inserting ‘‘by a percentage equal to or greater

than the significant cost growth threshold for the program’’;

(B) in paragraph (2)—

(i) by striking ‘‘percentage increase in the’’; and

(ii) by striking ‘‘exceeds 25 percent’’ and inserting

‘‘increases by a percentage equal to or greater than

the critical cost growth threshold for the program’’;

and

(C) in paragraph (3)—

(i) by striking ‘‘of at least 15 percent’’ both places

it appears and inserting ‘‘by a percentage equal to

or greater than the significant cost growth threshold’’;

and

(ii) by striking ‘‘of at least 25 percent’’ both places

it appears and inserting ‘‘by a percentage equal to

or greater than the critical cost growth threshold’’.

(c) ADDITIONAL REQUIREMENTS RELATING TO CERTAIN UNIT

COST INCREASES.—Paragraph (2) of subsection (e) of such section

is further amended—

(1) by redesignating subparagraph (B) as subparagraph

(C); and

(2) by striking ‘‘the Secretary of Defense’’ and all that

follows through ‘‘a written certification, stating that—’’ and

inserting ‘‘the Secretary of Defense shall—

‘‘(A) carry out an assessment of—

‘‘(i) the projected cost of completing the program if

current requirements are not modified;

‘‘(ii) the projected cost of completing the program based

on reasonable modification of such requirements; and

‘‘(iii) the rough order of magnitude of the costs of

any reasonable alternative system or capability;

‘‘(B) submit to Congress, before the end of the 60-day

period beginning on the day the Selected Acquisition Report

containing the information described in subsection (g) is

required to be submitted under section 2432(f) of this title,

a written certification (with a supporting explanation) stating

that—’’.

(d) ORIGINAL BASELINE ESTIMATE.—

(1) IN GENERAL.—Section 2435 of title 10, United States

Code, is amended—

(A) by redesignating subsection (d) as subsection (e);

and

(B) by inserting after subsection (c) the following new

subsection (d):

‘‘(d) ORIGINAL BASELINE ESTIMATE.—(1) In this chapter, the

term ‘original Baseline Estimate’, with respect to a major defense

acquisition program, means the baseline description established

with respect to the program under subsection (a), without adjustment or revision (except as provided in paragraph (2)).

‘‘(2) An adjustment or revision of the original baseline description of a major defense acquisition program may be treated as

the original Baseline Estimate for the program for purposes of

119 STAT. 3370 PUBLIC LAW 109–163—JAN. 6, 2006

this chapter only if the percentage increase in the program acquisition unit cost or procurement unit cost under such adjustment

or revision exceeds the critical cost growth threshold for the program

under section 2433 of this title, as determined by the Secretary

of the military department concerned under subsection (d) of such

section.

‘‘(3) In the event of an adjustment or revision of the original

baseline description of a major defense acquisition program, the

Secretary of Defense shall include in the next Selected Acquisition

Report to be submitted under section 2432 of this title after such

adjustment or revision a notification to the congressional defense

committees of such adjustment or revision, together with the reasons for such adjustment or revision.’’.

(2) CONFORMING AMENDMENT.—Section 2433(a) of such

title, as amended by subsection (a) of this section, is further

amended by adding at the end the following new paragraph:

‘‘(6) The term ‘original Baseline Estimate’ has the same

meaning as provided in section 2435(d) of this title.’’.

(e) EFFECTIVE DATE.—

(1) IN GENERAL.—The amendments made by this section

shall take effect on the date of the enactment of this Act,

and shall apply with respect to any major defense acquisition

program for which an original Baseline Estimate is first established before, on, or after that date.

(2) APPLICABILITY TO CURRENT MAJOR DEFENSE ACQUISITION

PROGRAMS.—In the case of a major defense acquisition program

for which the program acquisition unit cost or procurement

unit cost, as applicable, exceeds the original Baseline Estimate

for the program by more than 50 percent on the date of the

enactment of this Act—

(A) the current Baseline Estimate for the program

as of such date of enactment is deemed to be the original

Baseline Estimate for the program for purposes of section

2433 of title 10, United States Code (as amended by this

section); and

(B) each Selected Acquisition Report submitted on the

program after the date of the enactment of this Act shall

reflect each of the following:

(i) The original Baseline Estimate, as first established for the program, without adjustment or revision.

(ii) The Baseline Estimate for the program that

is deemed to be the original Baseline Estimate for

the program under subparagraph (A).

(iii) The current original Baseline Estimate for

the program as adjusted or revised, if at all, in accordance with subsection (d)(2) of section 2435 of title

10, United States Code (as added by subsection (d)

of this section).

SEC. 803. REQUIREMENT FOR DETERMINATION BY SECRETARY OF

DEFENSE AND NOTIFICATION TO CONGRESS BEFORE

PROCUREMENT OF MAJOR WEAPON SYSTEMS AS

COMMERCIAL ITEMS.

(a) REQUIREMENT FOR DETERMINATION AND NOTIFICATION.—

(1) IN GENERAL.—Chapter 140 of title 10, United States

Code, is amended by adding at the end the following new

section:

10 USC 2433

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3371

‘‘§ 2379. Requirement for determination by Secretary of

Defense and notification to Congress before

procurement of major weapon systems as

commercial items

‘‘(a) REQUIREMENT FOR DETERMINATION AND NOTIFICATION.— A major weapon system of the Department of Defense may be

treated as a commercial item, or purchased under procedures established for the procurement of commercial items, only if—

‘‘(1) the Secretary of Defense determines that—

‘‘(A) the major weapon system is a commercial item,

as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)); and

‘‘(B) such treatment is necessary to meet national security objectives; and

‘‘(2) the congressional defense committees are notified at

least 30 days before such treatment or purchase occurs.

‘‘(b) TREATMENT OF SUBSYSTEMS AND COMPONENTS AS COMMERCIAL ITEMS.—A subsystem or component of a major weapon system

shall be treated as a commercial item and purchased under procedures established for the procurement of commercial items if such

subsystem or component otherwise meets the requirements (other

than requirements under subsection (a)) for treatment as a commercial item.

‘‘(c) DELEGATION.—The authority of the Secretary of Defense

to make a determination under subsection (a) may be delegated

only to the Deputy Secretary of Defense, without further redelegation.

‘‘(d) MAJOR WEAPON SYSTEM DEFINED.—In this section, the

term ‘major weapon system’ means a weapon system acquired

pursuant to a major defense acquisition program (as that term

is defined in section 2430 of this title).’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of chapter 140 of such title is amended by adding

at the end the following new item:

‘‘2379. Requirement for determination by Secretary of Defense and notification to

Congress before procurement of major weapon systems as commercial

items.’’.

(b) EFFECTIVE DATE.—The amendments made by subsection

(a) shall take effect on the date of the enactment of this Act,

and shall apply to contracts entered into on or after such date.

SEC. 804. REPORTS ON SIGNIFICANT INCREASES IN PROGRAM

ACQUISITION UNIT COSTS OR PROCUREMENT UNIT

COSTS OF MAJOR DEFENSE ACQUISITION PROGRAMS.

(a) INITIAL REPORT REQUIRED.—Not later than one year after

the date of the enactment of this Act, the Secretary of Defense

shall submit to the congressional defense committees a report on

the acquisition status of each major defense acquisition program

whose program acquisition unit cost or procurement unit cost, as

of the date of the enactment of this Act, has exceeded by more

than 50 percent the original baseline projection for such unit cost.

The report shall include the information specified in subsection

(b).

(b) INFORMATION.—The information specified in this subsection

with respect to a major defense acquisition program is the following:

(1) An assessment of the costs to be incurred to complete

the program if the program is not modified.

10 USC 2379

note.

119 STAT. 3372 PUBLIC LAW 109–163—JAN. 6, 2006

(2) An explanation of why the costs of the program have

increased.

(3) A justification for the continuation of the program notwithstanding the increase in costs.

(c) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this

section, the term ‘‘major defense acquisition program’’ has the

meaning given that term in section 2430 of title 10, United States

Code.

SEC. 805. REPORT ON USE OF LEAD SYSTEM INTEGRATORS IN THE

ACQUISITION OF MAJOR SYSTEMS.

(a) REPORT REQUIRED.—Not later than September 30, 2006,

the Secretary of Defense shall submit to the congressional defense

committees a report on the use of lead system integrators for

the acquisition by the Department of Defense of major systems.

(b) CONTENTS.—The report required by subsection (a) shall

include a detailed description of the actions taken, or to be taken

(including a specific timetable), and the current regulations and

guidelines regarding—

(1) the definition of the respective rights of the Department

of Defense, lead system integrators, and other contractors that

participate in the development or production of any individual

element of a major weapon system (including subcontractors

under lead system integrators) in intellectual property that

is developed by the other participating contractors in a manner

that ensures that—

(A) the Department of Defense obtains appropriate

rights in technical data developed by the other participating

contractors in accordance with the requirements of section

2320 of title 10, United States Code; and

(B) lead system integrators obtain access to technical

data developed by the other participating contractors only

to the extent necessary to execute their contractual obligations as lead systems integrators;

(2) the prevention or mitigation of organizational conflicts

of interest on the part of lead system integrators;

(3) minimization of the performance by lead system integrators of functions closely associated with inherently governmental functions;

(4) the appropriate use of competitive procedures in the

award of subcontracts by lead system integrators with system

responsibility;

(5) the prevention of organizational conflicts of interest

arising out of any financial interest of lead system integrators

without system responsibility in the development or production

of individual elements of a major weapon system; and

(6) the prevention of pass-through charges by lead system

integrators with system responsibility on systems or subsystems

developed or produced under subcontracts where such lead

system integrators do not provide significant value added with

regard to such systems or subsystems.

(c) DEFINITIONS.—In this section:

(1) The term ‘‘lead system integrator’’ includes lead system

integrators with system responsibility and lead system integrators without system responsibility.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3373

(2) The term ‘‘lead system integrator with system responsibility’’ means a prime contractor for the development or production of a major system if the prime contractor is not expected

at the time of award, as determined by the Secretary of Defense

for purposes of this section, to perform a substantial portion

of the work on the system and the major subsystems.

(3) The term ‘‘lead system integrator without system

responsibility’’ means a contractor under a contract for the

procurement of services whose primary purpose is to perform

acquisition functions closely associated with inherently governmental functions with regard to the development or production

of a major system.

(4) The term ‘‘major system’’ has the meaning given such

term in section 2302d of title 10, United States Code.

(5) The term ‘‘pass-through charge’’ means a charge for

overhead or profit on work performed by a lower-tier contractor

(other than charges for the direct costs of managing lowertier contracts and overhead and profit based on such direct

costs) that does not, as determined by the Secretary for purposes of this section, promote significant value added with

regard to such work.

(6) The term ‘‘functions closely associated with inherently

governmental functions’’ has the meaning given such term in

section 2383(b)(3) of title 10, United States Code.

SEC. 806. CONGRESSIONAL NOTIFICATION OF CANCELLATION OF

MAJOR AUTOMATED INFORMATION SYSTEMS.

(a) REPORT REQUIRED.—The Secretary of Defense shall notify

the congressional defense committees not less than 60 days before

cancelling a major automated information system program that

has been fielded or approved to be fielded, or making a change

that will significantly reduce the scope of such a program, of the

proposed cancellation or change.

(b) CONTENT.—Each notification submitted under subsection

(a) with respect to a proposed cancellation or change shall include—

(1) the specific justification for the proposed cancellation

or change;

(2) a description of the impact of the proposed cancellation

or change on the ability of the Department to achieve the

objectives of the program proposed for cancellation or change;

(3) a description of the steps that the Department plans

to take to achieve those objectives; and

(4) other information relevant to the change in acquisition

strategy.

(c) DEFINITIONS.—In this section:

(1) The term ‘‘major automated information system’’ has

the meaning given that term in Department of Defense directive

5000.1.

(2) The term ‘‘approved to be fielded’’ means having

received Milestone C approval.

10 USC 2302

note.

119 STAT. 3374 PUBLIC LAW 109–163—JAN. 6, 2006

Subtitle B—Acquisition Policy and

Management

SEC. 811. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF

THE DEPARTMENT OF DEFENSE.

(a) INSPECTOR GENERAL REVIEWS AND DETERMINATIONS.—

(1) IN GENERAL.—For each covered non-defense agency,

the Inspector General of the Department of Defense and the

Inspector General of such non-defense agency shall, not later

than March 15, 2006, jointly—

(A) review—

(i) the procurement policies, procedures, and

internal controls of such non-defense agency that are

applicable to the procurement of property and services

on behalf of the Department by such non-defense

agency; and

(ii) the administration of those policies, procedures,

and internal controls; and

(B) determine in writing whether—

(i) such non-defense agency is compliant with

defense procurement requirements;

(ii) such non-defense agency is not compliant with

defense procurement requirements, but has a program

or initiative to significantly improve compliance with

defense procurement requirements; or

(iii) neither of the conclusions stated in clauses

(i) and (ii) is correct in the case of such non-defense

agency.

(2) ACTIONS FOLLOWING CERTAIN DETERMINATIONS.—If the

Inspectors General determine under paragraph (1) that the

conclusion stated in clause (ii) or (iii) of subparagraph (B)

of that paragraph is correct in the case of a covered nondefense agency, such Inspectors General shall, not later than

June 15, 2007, jointly—

(A) conduct a second review, as described in subparagraph (A) of that paragraph, regarding such non-defense

agency’s procurement of property or services on behalf of

the Department of Defense in fiscal year 2006; and

(B) determine in writing whether such non-defense

agency is or is not compliant with defense procurement

requirements.

(b) COMPLIANCE WITH DEFENSE PROCUREMENT REQUIREMENTS.—For the purposes of this section, a covered non-defense

agency is compliant with defense procurement requirements if such

non-defense agency’s procurement policies, procedures, and internal

controls applicable to the procurement of products and services

on behalf of the Department of Defense, and the manner in which

they are administered, are adequate to ensure such non-defense

agency’s compliance with the requirements of laws and regulations

that apply to procurements of property and services made directly

by the Department of Defense.

(c) MEMORANDA OF UNDERSTANDING BETWEEN INSPECTORS

GENERAL.—

(1) IN GENERAL.—Not later than 60 days after the date

of the enactment of this Act, the Inspector General of the

Deadline.

Contracts.

Deadline.

Deadline.

10 USC 2304

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3375

Department of Defense and the Inspector General of each covered non-defense agency shall enter into a memorandum of

understanding with each other to carry out the reviews and

make the determinations required by this section.

(2) SCOPE OF MEMORANDA.—The Inspector General of the

Department of Defense and the Inspector General of a covered

non-defense agency may by mutual agreement conduct separate

reviews of the procurement of property and services on behalf

of the Department of Defense that are conducted by separate

business units, or under separate governmentwide acquisition

contracts, of such non-defense agency. In any case where such

separate reviews are conducted, the Inspectors General shall

make separate determinations under paragraph (1) or (2) of

subsection (a), as applicable, with respect to each such separate

review.

(d) LIMITATIONS ON PROCUREMENTS ON BEHALF OF DEPARTMENT

OF DEFENSE.—

(1) LIMITATION DURING REVIEW PERIOD.—After March 15,

2006, and before June 16, 2007, no official of the Department

of Defense may, except as provided in subsection (e) or (f),

order, purchase, or otherwise procure property or services in

an amount in excess of $100,000 through a covered non-defense

agency for which a determination described in paragraph

(1)(B)(iii) of subsection (a) has been made under that subsection.

(2) LIMITATION AFTER REVIEW PERIOD.—After June 15, 2007,

no official of the Department of Defense may, except as provided

in subsection (e) or (f), order, purchase, or otherwise procure

property or services in an amount in excess of $100,000 through

a covered non-defense agency that, having been subject to

review under this section, has not been determined under this

section as being compliant with defense procurement requirements.

(3) LIMITATION FOLLOWING FAILURE TO REACH MOU.—Commencing on the date that is 60 days after the date of the

enactment of this Act, if a memorandum of understanding

between the Inspector General of the Department of Defense

and the Inspector General of a covered non-defense agency

cannot be attained causing the review required by this section

to not be performed, no official of the Department of Defense,

except as provided in subsection (e) or (f), may order, purchase

or otherwise procure property or services in an amount in

excess of $100,000 through such non-defense agency.

(e) EXCEPTION FROM APPLICABILITY OF LIMITATIONS.—

(1) EXCEPTION.—No limitation applies under subsection (d)

with respect to the procurement of property and services on

behalf of the Department of Defense by a covered non-defense

agency 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 such non-defense agency.

(2) APPLICABILITY OF DETERMINATION.—A written determination with respect to a covered non-defense agency under

paragraph (1) is in effect for the period, not in excess of one

year, that the Under Secretary shall specify in the written

determination. The Under Secretary may extend from time

Deadline.

119 STAT. 3376 PUBLIC LAW 109–163—JAN. 6, 2006

to time, for up to one year at a time, the period for which

the written determination remains in effect.

(f) TERMINATION OF APPLICABILITY OF LIMITATIONS.—Subsection

(d) shall cease to apply to a covered non-defense agency on the

date on which the Inspector General of the Department of Defense

and the Inspector General of such non-defense agency jointly—

(1) determine that such non-defense agency is compliant

with defense procurement requirements; and

(2) notify the Secretary of Defense of that determination.

(g) IDENTIFICATION OF PROCUREMENTS MADE DURING A PAR- TICULAR FISCAL YEAR.—For the purposes of subsection (a), a

procurement shall be treated as being made during a particular

fiscal year to the extent that funds are obligated by the Department

of Defense for that procurement in that fiscal year.

(h) DEFINITIONS.—In this section:

(1) The term ‘‘covered non-defense agency’’ means each

of the following:

(A) The Department of the Treasury.

(B) The Department of the Interior.

(C) The National Aeronautics and Space Administration.

(2) The term ‘‘governmentwide acquisition contract’’, with

respect to a covered non-defense agency, means a task or

delivery order contract that—

(A) is entered into by the non-defense agency; and

(B) may be used as the contract under which property

or services are procured for 1 or more other departments

or agencies of the Federal Government.

SEC. 812. MANAGEMENT STRUCTURE FOR THE PROCUREMENT OF

CONTRACT SERVICES.

(a) MANAGEMENT STRUCTURE.—

(1) IN GENERAL.—Section 2330 of title 10, United States

Code, is amended to read as follows:

‘‘§ 2330. Procurement of contract services: management

structure

‘‘(a) REQUIREMENT FOR MANAGEMENT STRUCTURE.—The Secretary of Defense shall establish and implement a management

structure for the procurement of contract services for the Department of Defense. The management structure shall provide, at a

minimum, for the following:

‘‘(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall—

‘‘(A) develop and maintain (in consultation with the

service acquisition executives) policies, procedures, and best

practices guidelines addressing the procurement of contract

services, including policies, procedures, and best practices

guidelines for—

‘‘(i) acquisition planning;

‘‘(ii) solicitation and contract award;

‘‘(iii) requirements development and management;

‘‘(iv) contract tracking and oversight;

‘‘(v) performance evaluation; and

‘‘(vi) risk management;

‘‘(B) work with the service acquisition executives and

other appropriate officials of the Department of Defense—

Notification.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3377

‘‘(i) to identify the critical skills and competencies

needed to carry out the procurement of contract services on behalf of the Department of Defense;

‘‘(ii) to develop a comprehensive strategy for

recruiting, training, and deploying employees to meet

the requirements for such skills and competencies; and

‘‘(iii) to ensure that the military departments and

Defense Agencies have staff and administrative support that are adequate to effectively perform their

duties under this section;

‘‘(C) establish contract services acquisition categories,

based on dollar thresholds, for the purpose of establishing

the level of review, decision authority, and applicable procedures in such categories; and

‘‘(D) oversee the implementation of the requirements

of this section and the policies, procedures, and best practices guidelines established pursuant to subparagraph (A).

‘‘(2) The service acquisition executive of each military

department shall be the senior official responsible for the

management of acquisition of contract services for or on behalf

of the military department.

‘‘(3) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall be the senior official responsible

for the management of acquisition of contract services for or

on behalf of the Defense Agencies and other components of

the Department of Defense outside the military departments.

‘‘(b) DUTIES AND RESPONSIBILITIES OF SENIOR OFFICIALS

RESPONSIBLE FOR THE MANAGEMENT OF ACQUISITION OF CONTRACT

SERVICES.—(1) Except as provided in paragraph (2), the senior

officials responsible for the management of acquisition of contract

services shall assign responsibility for the review and approval

of procurements in each contract services acquisition category established under subsection (a)(1)(C) to specific Department of Defense

officials, subject to the direction, supervision, and oversight of such

senior officials.

‘‘(2) With respect to the acquisition of contract services by

a component or command of the Department of Defense the primary

mission of which is the acquisition of products and services, such

acquisition shall be conducted in accordance with policies, procedures, and best practices guidelines developed and maintained by

the Under Secretary of Defense for Acquisition, Technology, and

Logistics pursuant to subsection (a)(1), subject to oversight by the

senior officials referred to in paragraph (1).

‘‘(3) In carrying out paragraph (1), each senior official responsible for the management of acquisition of contract services shall—

‘‘(A) implement the requirements of this section and the

policies, procedures, and best practices guidelines developed

by the Under Secretary of Defense for Acquisition, Technology,

and Logistics pursuant to subsection (a)(1)(A);

‘‘(B) authorize the procurement of contract services through

contracts entered into by agencies outside the Department of

Defense in appropriate circumstances, in accordance with the

requirements of section 854 of the Ronald W. Reagan National

Defense Authorization Act for Fiscal Year 2005 (10 U.S.C.

2304 note), section 814 of the Strom Thurmond National

Defense Authorization Act for Fiscal Year 1999 (31 U.S.C.

1535 note), and the regulations implementing such sections;

119 STAT. 3378 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(C) dedicate full-time commodity managers to coordinate

the procurement of key categories of services;

‘‘(D) ensure that contract services are procured by means

of procurement actions that are in the best interests of the

Department of Defense and are entered into and managed

in compliance with applicable laws, regulations, directives, and

requirements;

‘‘(E) ensure that competitive procedures and performancebased contracting are used to the maximum extent practicable

for the procurement of contract services; and

‘‘(F) monitor data collection under section 2330a of this

title, and periodically conduct spending analyses, to ensure

that funds expended for the procurement of contract services

are being expended in the most rational and economical manner

practicable.

‘‘(c) DEFINITIONS.—In this section:

‘‘(1) The term ‘procurement action’ includes the following

actions:

‘‘(A) Entry into a contract or any other form of agreement.

‘‘(B) Issuance of a task order, delivery order, or military

interdepartmental purchase request.

‘‘(2) The term ‘contract services’ includes all services

acquired from private sector entities by or for the Department

of Defense, other than services relating to research and development or military construction.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of chapter 137 of such title is amended by striking

the item relating to section 2330 and inserting the following

new item:

‘‘2330. Procurement of contract services: management structure.’’.

(b) PHASED IMPLEMENTATION.—The requirements of section

2330 of title 10, United States Code (as added by subsection (a)),

shall be implemented as follows:

(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall—

(A) establish an initial set of contract services acquisition categories, based on dollar thresholds, by not later

than June 1, 2006; and

(B) issue an initial set of policies, procedures, and

best practices guidelines in accordance with section

2330(a)(1)(A) by not later than October 1, 2006.

(2) The contract services acquisition categories established

by the Under Secretary shall include—

(A) one or more categories for acquisitions with an

estimated value of $250,000,000 or more;

(B) one or more categories for acquisitions with an

estimated value of at least $10,000,000 but less than

$250,000,000; and

(C) one or more categories for acquisitions with an

estimated value greater than the simplified acquisition

threshold but less than $10,000,000.

(3) The senior officials responsible for the management

of acquisition of contract services shall assign responsibility

to specific individuals in the Department of Defense for the

review and approval of procurements in the contract services

Deadlines.

Procedures.

Deadlines.

10 USC 2330

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3379

acquisition categories established by the Under Secretary, as

follows:

(A) Not later than October 1, 2006, for all categories

established pursuant to paragraph (2)(A).

(B) Not later than October 1, 2007, for all categories

established pursuant to paragraph (2)(B).

(C) Not later than October 1, 2009, for all categories

established pursuant to paragraph (2)(C).

(c) REPORT.—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 House of

Representatives a final report on the implementation of section

2330 of title 10, United States Code, as added by this section.

SEC. 813. REPORT ON SERVICE SURCHARGES FOR PURCHASES MADE

FOR MILITARY DEPARTMENTS THROUGH OTHER

DEPARTMENT OF DEFENSE AGENCIES.

(a) REPORTS BY MILITARY DEPARTMENTS.—For each of fiscal

years 2005 and 2006, the Secretary of each military department

shall, not later than 180 days after the last day of that fiscal

year, submit to the Under Secretary of Defense for Acquisition,

Technology, and Logistics a report on the service charges imposed

on such military department for purchases in amounts greater

than the simplified acquisition threshold that were made for that

military department during such fiscal year through a contract

entered into by an agency of the Department of Defense other

than that military department. The report shall specify the amounts

of the service charges and identify the services provided in exchange

for such charges.

(b) ANALYSIS OF MILITARY DEPARTMENT REPORT.—Not later

than 90 days after receiving a report of the Secretary of a military

department for a fiscal year under subsection (a), the Under Secretary of Defense for Acquisition, Technology, and Logistics shall

review the service charges delineated in such report for the acquisitions covered by the report and the services provided in exchange

for such charges and shall compare those charges with the costs

of alternative means for making such acquisitions. The analysis

shall include the Under Secretary’s determinations of whether the

imposition and amounts of the service charges were reasonable.

(c) REPORTS TO CONGRESS.—Not later than October 1, 2006

(for reports for fiscal year 2005 under subsection (a)), and not

later than October 1, 2007 (for reports for fiscal year 2006 under

subsection (a)), the Under Secretary of Defense for Acquisition,

Technology, and Logistics shall submit to the congressional defense

committees a report on the reports submitted by the Secretaries

of the military departments under subsection (a), together with

the Under Secretary’s determinations under subsection (b) with

regard to the matters set forth in those reports.

(d) SIMPLIFIED ACQUISITION THRESHOLD DEFINED.—In this section, the term ‘‘simplified acquisition threshold’’ has the meaning

given such term in section 4(11) of the Office of Federal Procurement

Policy Act (41 U.S.C. 403(11)).

SEC. 814. REVIEW OF DEFENSE ACQUISITION STRUCTURES AND

CAPABILITIES.

(a) REVIEW BY DEFENSE ACQUISITION UNIVERSITY.—The

Defense Acquisition University, acting under the direction and

119 STAT. 3380 PUBLIC LAW 109–163—JAN. 6, 2006

authority of the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall conduct a review of the acquisition

structures and capabilities of the Department of Defense, including

the acquisition structures and capabilities of the following:

(1) Each military department.

(2) Each defense agency.

(3) Any other element of the Department of Defense that

has an acquisition function.

(b) ELEMENTS OF REVIEW.—

(1) IN GENERAL.—In reviewing the acquisition structures

and capabilities of an organization under subsection (a), the

Defense Acquisition University shall—

(A) determine the current structure of the organization;

(B) review the evolution of the current structure of

the organization, including the reasons for each reorganization of the structure;

(C) identify the capabilities needed by the organization

to fulfill its function and assess the capacity of the organization, as currently structured, to provide such capabilities;

(D) identify any gaps, shortfalls, or inadequacies

relating to acquisitions in the current structures and

capabilities of the organization;

(E) identify any recruiting, retention, training, or

professional development steps that may be needed to

address any such gaps, shortfalls, or inadequacies; and

(F) make such recommendations as the review team

determines to be appropriate.

(2) EMPHASIS IN REVIEW.—In conducting the review of

acquisition structures and capabilities under subsection (a),

the University shall place special emphasis on consideration

of—

(A) structures, capabilities, and processes for joint

acquisition, including actions that may be needed to

improve such structures, capabilities, and processes; and

(B) actions that may be needed to improve acquisition

outcomes.

(c) FUNDING.—The Under Secretary of Defense for Acquisition,

Technology, and Logistics shall provide the Defense Acquisition

University the funds required to conduct the review under subsection (a).

(d) REPORT ON REVIEW.—

(1) IN GENERAL.—Not later than 180 days after the completion of the review required by subsection (a), the University

shall submit to the Under Secretary of Defense for Acquisition,

Technology, and Logistics a report on the review.

(2) ANNEX.—The report shall include a separate annex

on the acquisition structures and capabilities on each organization covered by the review. The annex—

(A) shall address the matters specified under subsection (b) with respect to such organization; and

(B) may include such recommendations with respect

to such organization as the University considers appropriate.

(3) TRANSMITTAL OF FINAL REPORT.—Not later than 90 days

after the receipt of the report under paragraph (1), the Under

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3381

Secretary shall transmit to the congressional defense committees a copy of the report, together with the comments of the

Under Secretary on the report.

(e) DEFENSE ACQUISITION UNIVERSITY DEFINED.—In this section, the term ‘‘Defense Acquisition University’’ means the Defense

Acquisition University established pursuant to section 1746 of title

10, United States Code.

SEC. 815. MODIFICATION OF REQUIREMENTS APPLICABLE TO CONTRACTS AUTHORIZED BY LAW FOR CERTAIN MILITARY

MATERIEL.

(a) INCLUSION OF COMBAT VEHICLES UNDER REQUIREMENTS.— Section 2401 of title 10, United States Code, is amended—

(1) by striking ‘‘vessel or aircraft’’ each place it appears

and inserting ‘‘vessel, aircraft, or combat vehicle’’;

(2) in subsection (c), by striking ‘‘aircraft or naval vessel’’

each place it appears and inserting ‘‘aircraft, naval vessel,

or combat vehicle’’;

(3) in subsection (e), by striking ‘‘aircraft or naval vessels’’

each place it appears and inserting ‘‘aircraft, naval vessels,

or combat vehicles’’; and

(4) in subsection (f)—

(A) by striking ‘‘aircraft and naval vessels’’ and

inserting ‘‘aircraft, naval vessels, and combat vehicles’’;

and

(B) by striking ‘‘such aircraft and vessels’’ and inserting

‘‘such aircraft, vessels, and combat vehicles’’.

(b) ADDITIONAL INFORMATION FOR CONGRESS.—Subsection (b)

of such section is amended—

(1) in paragraph (1)—

(A) in subparagraph (B), by striking ‘‘and’’ at the end;

(B) in subparagraph (C), by striking the period at

the end and inserting ‘‘; and’’; and

(C) by adding at the end the following new subparagraph:

‘‘(D) the Secretary has certified to those committees—

‘‘(i) that entering into the proposed contract as

a means of obtaining the vessel, aircraft, or combat

vehicle is the most cost-effective means of obtaining

such vessel, aircraft, or combat vehicle; and

‘‘(ii) that the Secretary has determined that the

lease complies with all applicable laws, Office of

Management and Budget circulars, and Department

of Defense regulations.’’; and

(2) by adding at the end the following new paragraphs:

‘‘(3) Upon receipt of a notice under paragraph (1)(C), a committee identified in paragraph (1)(B) may request the Inspector

General of the Department of Defense or the Comptroller General

of the United States to conduct a review of the proposed contract

to determine whether or not such contract meets the requirements

of this section.

‘‘(4) If a review is requested under paragraph (3), the Inspector

General of the Department of Defense or the Comptroller General

of the United States, as the case may be, shall submit to the

Secretary and the congressional defense committees a report on

such review before the expiration of the period specified in paragraph (1)(C).’’.

Reports.

Certification.

119 STAT. 3382 PUBLIC LAW 109–163—JAN. 6, 2006

(c) APPLICABILITY OF ACQUISITION REGULATIONS.—Such section

is further amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following new subsection (f):

‘‘(f)(1) If a lease or charter covered by this section is a capital

lease or a lease-purchase—

‘‘(A) the lease or charter shall be treated as an acquisition

and shall be subject to all applicable statutory and regulatory

requirements for the acquisition of aircraft, naval vessels, or

combat vehicles; and

‘‘(B) funds appropriated to the Department of Defense for

operation and maintenance may not be obligated or expended

for the lease or charter.

‘‘(2) In this subsection, the terms ‘capital lease’ and ‘leasepurchase’ have the meanings given those terms in Appendix B

to Office of Management and Budget Circular A–11, as in effect

on the date of the enactment of the National Defense Authorization

Act for Fiscal Year 2006.’’.

(d) CONFORMING AND CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading of such section is

amended to read as follows:

‘‘§ 2401. Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat

vehicles’’.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 141 of such title is amended by striking the

item relating to section 2401 and inserting the following new

item:

‘‘2401. Requirement for authorization by law of certain contracts relating to vessels,

aircraft, and combat vehicles.’’.

SEC. 816. GUIDANCE ON USE OF TIERED EVALUATIONS OF OFFERS

FOR CONTRACTS AND TASK ORDERS UNDER CONTRACTS.

(a) GUIDANCE REQUIRED.—The Secretary of Defense shall prescribe guidance for the military departments and the Defense Agencies on the use of tiered evaluations of offers for contracts and

for task or delivery orders under contracts.

(b) ELEMENTS.—The guidance prescribed under subsection (a)

shall include a prohibition on the initiation by a contracting officer

of a tiered evaluation of an offer for a contract or for a task

or delivery order under a contract unless the contracting officer—

(1) has conducted market research in accordance with part

10 of the Federal Acquisition Regulation in order to determine

whether or not a sufficient number of qualified small businesses

are available to justify limiting competition for the award of

such contract or task or delivery order under applicable law

and regulations;

(2) is unable, after conducting market research under paragraph (1), to make the determination described in that paragraph; and

(3) includes in the contract file a written explanation of

why such contracting officer was unable to make such determination.

SEC. 817. JOINT POLICY ON CONTINGENCY CONTRACTING.

(a) JOINT POLICY.—

10 USC 2302

note.

10 USC 2305

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3383

(1) REQUIREMENT.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense, in

consultation with the Chairman of the Joint Chiefs of Staff,

shall develop a joint policy for contingency contracting during

combat operations and post-conflict operations.

(2) MATTERS COVERED.—The joint policy for contingency

contracting required by paragraph (1) shall, at a minimum,

provide for—

(A) the designation of a senior commissioned officer

in each military department with the responsibility for

administering the policy;

(B) the assignment of a senior commissioned officer

with appropriate acquisition experience and qualifications

to act as head of contingency contracting during combat

operations, post-conflict operations, and contingency operations, who shall report directly to the commander of the

combatant command in whose area of responsibility the

operations occur;

(C) an organizational approach to contingency contracting that is designed to ensure that each military

department is prepared to conduct contingency contracting

during combat operations and post-conflict operations;

(D) a requirement to provide training (including

training under a program to be created by the Defense

Acquisition University) to contingency contracting personnel in—

(i) the use of law, regulations, policies, and directives related to contingency contracting operations;

(ii) the appropriate use of rapid acquisition

methods, including the use of exceptions to competition

requirements under section 2304 of title 10, United

States Code, sealed bidding, letter contracts, indefinite

delivery indefinite quantity task orders, set asides

under section 8(a) of the Small Business Act (15 U.S.C.

637(a)), undefinitized contract actions, and other tools

available to expedite the delivery of goods and services

during combat operations or post-conflict operations;

(iii) the appropriate use of rapid acquisition

authority, commanders’ emergency response program

funds, and other tools unique to contingency contracting; and

(iv) instruction on the necessity for the prompt

transition from the use of rapid acquisition authority

to the use of full and open competition and other

methods of contracting that maximize transparency

in the acquisition process;

(E) appropriate steps to ensure that training is maintained for such personnel even when they are not deployed

in a contingency operation; and

(F) such steps as may be needed to ensure jointness

and cross-service coordination in the area of contingency

contracting.

(b) REPORTS.—

(1) INTERIM REPORT.—

(A) REQUIREMENT.—Not later than 270 days after the

date of the enactment of this Act, the Secretary of Defense

shall submit to the Committees on Armed Services of the

Deadline.

119 STAT. 3384 PUBLIC LAW 109–163—JAN. 6, 2006

Senate and the House of Representatives an interim report

on contingency contracting.

(B) MATTERS COVERED.—The report shall include

discussions of the following:

(i) Progress in the development of the joint policy

under subsection (a).

(ii) The ability of the Armed Forces to support

contingency contracting.

(iii) The ability of commanders of combatant commands to request contingency contracting support and

the ability of the military departments and the acquisition support agencies to respond to such requests and

provide such support, including the availability of rapid

acquisition personnel for such support.

(iv) The ability of the current civilian and military

acquisition workforce to deploy to combat theaters of

operations and to conduct contracting activities during

combat and during post-conflict, reconstruction, or

other contingency operations.

(v) The effect of different periods of deployment

on continuity in the acquisition process.

(2) FINAL REPORT.—Not later than 18 months after the

date of the enactment of this Act, the Secretary of Defense

shall submit to the committees listed in paragraph (1)(A) a

final report on contingency contracting, containing a discussion

of the implementation of the joint policy developed under subsection (a), including updated discussions of the matters covered

in the interim report.

(c) DEFINITIONS.—In this section:

(1) CONTINGENCY CONTRACTING PERSONNEL.—The term

‘‘contingency contracting personnel’’ means members of the

Armed Forces and civilian employees of the Department of

Defense who are members of the defense acquisition workforce

and, as part of their duties, are assigned to provide support

to contingency operations (whether deployed or not).

(2) CONTINGENCY CONTRACTING.—The term ‘‘contingency

contracting’’ means all stages of the process of acquiring property or services by the Department of Defense during a contingency operation.

(3) CONTINGENCY OPERATION.—The term ‘‘contingency operation’’ has the meaning provided in section 101(13) of title

10, United States Code.

(4) ACQUISITION SUPPORT AGENCIES.—The term ‘‘acquisition

support agencies’’ means Defense Agencies and Department

of Defense Field Activities that carry out and provide support

for acquisition-related activities.

SEC. 818. ACQUISITION STRATEGY FOR COMMERCIAL SATELLITE

COMMUNICATION SERVICES.

(a) REQUIREMENT FOR SPEND ANALYSIS.—The Secretary of

Defense shall, as a part of the effort of the Department of Defense

to develop a revised strategy for acquiring commercial satellite

communication services, perform a complete spend analysis of the

acquisitions by the Department of commercial satellite communication services for the period from fiscal year 2000 through fiscal

year 2005. That analysis shall, at a minimum, include a determination of the following:

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3385

(1) Total acquisition costs in aggregate, by fiscal year,

for items and services purchased.

(2) Total quantity of items and services purchased.

(3) Quantity and cost of items and services purchased by

each entity from each supplier and who used the items and

services purchased.

(4) Purchasing patterns that may lead to recommendations

in which the Department of Defense may centralize operations,

consolidate requirements, or leverage purchasing power.

(b) REPORT ON ACQUISITION STRATEGY.—

(1) IN GENERAL.—Not later than five months after the

date of the enactment of this Act, the Secretary shall submit

to Congress a report on the acquisition strategy of the Department of Defense for commercial satellite communications services.

(2) ELEMENTS.—The report required by paragraph (1) shall

include the following:

(A) A description of the spend analysis required by

subsection (a), including the results of the analysis.

(B) The proposed strategy of the Department for

acquiring commercial satellite communication services,

which—

(i) shall be based in appropriate part on the results

of the analysis required by subsection (a); and

(ii) shall take into account various methods of

aggregating purchases and leveraging the purchasing

power of the Department, including through the use

of multiyear contracting for commercial satellite

communication services.

(C) A proposal for such legislative action as the Secretary considers necessary to acquire appropriate types

and amounts of commercial satellite communications services using methods of aggregating purchases and leveraging

the purchasing power of the Department (including the

use of multiyear contracting), or if the use of such methods

is determined inadvisable, a statement of the rationale

for such determination.

(D) A proposal for such other legislative action that

the Secretary considers necessary to implement the

strategy of the Department for acquiring commercial satellite communication services.

SEC. 819. AUTHORIZATION OF EVALUATION FACTOR FOR DEFENSE

CONTRACTORS EMPLOYING OR SUBCONTRACTING WITH

MEMBERS OF THE SELECTED RESERVE OF THE RESERVE

COMPONENTS OF THE ARMED FORCES.

(a) DEFENSE CONTRACTS.—In awarding any contract for the

procurement of goods or services to an entity, the Secretary of

Defense is authorized to use as an evaluation factor whether the

entity intends to carry out the contract using employees or individual subcontractors who are members of the Selected Reserve

of the reserve components of the Armed Forces.

(b) DOCUMENTATION OF SELECTED RESERVE-RELATED EVALUATION FACTOR.—Any entity claiming intent to carry out a contract

using employees or individual subcontractors who are members

of the Selected Reserve of the reserve components of the Armed

10 USC 2305

note.

119 STAT. 3386 PUBLIC LAW 109–163—JAN. 6, 2006

Forces shall submit proof of the use of such employees or subcontractors for the Department of Defense to consider in carrying

out subsection (a) with respect to that contract.

(c) REGULATIONS.—The Federal Acquisition Regulation shall

be revised as necessary to implement this section.

Subtitle C—Amendments to General Contracting Authorities, Procedures, and

Limitations

SEC. 821. PARTICIPATION BY DEPARTMENT OF DEFENSE IN ACQUISITION WORKFORCE TRAINING FUND.

(a) REQUIRED CONTRIBUTIONS TO ACQUISITION WORKFORCE

TRAINING FUND BY DEPARTMENT OF DEFENSE.—Section 37(h)(3)

of the Office of Federal Procurement Policy Act (41 U.S.C. 433(h)(3))

is amended—

(1) in subparagraph (A), by striking ‘‘other than the Department of Defense’’ and inserting ‘‘, except as provided in subparagraph (D)’’; and

(2) by redesignating subparagraphs (D), (E), (F), and (G)

as subparagraphs (E), (F), (G), and (H), respectively, and

inserting after subparagraph (C) the following new subparagraph (D):

‘‘(D) The Administrator of General Services shall transfer

to the Secretary of Defense fees collected from the Department

of Defense pursuant to subparagraph (B), to be used by the

Defense Acquisition University for purposes of acquisition

workforce training.’’.

(b) CONFORMING AMENDMENTS.—

(1) OFFICE OF FEDERAL PROCUREMENT POLICY ACT.—Section

37(a) of the Office of Federal Procurement Policy Act (41 U.S.C.

433(a)) is amended by striking ‘‘This section’’ and inserting

‘‘Except as provided in subsection (h)(3), this section’’.

(2) PUBLIC LAW 108–136.—Section 1412 of the National

Defense Authorization Act for Fiscal Year 2004 (Public Law

108–136; 117 Stat. 1664) is amended by striking subsection

(c).

(c) DEFENSE ACQUISITION UNIVERSITY FUNDING.—Amounts

transferred under section 37(h)(3)(D) of the Office of Federal

Procurement Policy Act (as amended by subsection (a)) for use

by the Defense Acquisition University shall be in addition to other

amounts authorized for the University.

(d) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to fees collected under contracts described

in section 37(h)(3)(B) of the Office of Federal Procurement Policy

Act (41 U.S.C. 433(h)(3)(B)) after the date of the enactment of

this Act.

SEC. 822. INCREASE IN COST ACCOUNTING STANDARD THRESHOLD.

Section 26(f)(2)(A) of the Office of Federal Procurement Policy

Act (41 U.S.C. 422(f)(A)) is amended by striking ‘‘$500,000’’ and

inserting ‘‘the amount set forth in section 2306a(a)(1)(A)(i) of title

10, United States Code, as such amount is adjusted in accordance

with applicable requirements of law’’.

41 USC 433 note.

41 USC 433 note.

41 USC 433 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3387

SEC. 823. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

PROTOTYPE PROJECTS.

Section 845 of the National Defense Authorization Act for Fiscal

Year 1994 (10 U.S.C. 2371 note) is amended—

(1) in subsection (a)—

(A) by striking ‘‘The Director’’ and inserting ‘‘(1) Subject

to paragraph (2), the Director’’; and

(B) by adding at the end the following new paragraphs:

‘‘(2) The authority of this section—

‘‘(A) may be exercised for a prototype project that is

expected to cost the Department of Defense in excess of

$20,000,000 but not in excess of $100,000,000 only upon a

written determination by the senior procurement executive for

the agency (as designated for the purpose of section 16(c) of

the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))

that—

‘‘(i) the requirements of subsection (d) will be met;

and

‘‘(ii) the use of the authority of this section is essential

to promoting the success of the prototype project; and

‘‘(B) may be exercised for a prototype project that is

expected to cost the Department of Defense in excess of

$100,000,000 only if—

‘‘(i) the Under Secretary of Defense for Acquisition,

Technology, and Logistics determines in writing that—

‘‘(I) the requirements of subsection (d) will be met;

and

‘‘(II) the use of the authority of this section is

essential to meet critical national security objectives;

and

‘‘(ii) the congressional defense committees are notified

in writing at least 30 days before such authority is exercised.

‘‘(3) The authority of a senior procurement executive under

paragraph (2)(A), and the authority of the Under Secretary of

Defense for Acquisition, Technology, and Logistics under paragraph

(2)(B), may not be delegated.’’;

(2) by redesignating subsection (h) as subsection (i); and

(3) by inserting after subsection (g) the following new subsection (h):

‘‘(h) APPLICABILITY OF PROCUREMENT ETHICS REQUIREMENTS.—

An agreement entered into under the authority of this section

shall be treated as a Federal agency procurement for the purposes

of section 27 of the Office of Federal Procurement Policy Act (41

U.S.C. 423).’’.

SEC. 824. INCREASED LIMIT APPLICABLE TO ASSISTANCE PROVIDED

UNDER CERTAIN PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.

Section 2414(a)(2) of title 10, United States Code, is amended

by striking ‘‘$150,000’’ and inserting ‘‘$300,000’’.

Notification.

Deadline.

119 STAT. 3388 PUBLIC LAW 109–163—JAN. 6, 2006

Subtitle D—United States Defense

Industrial Base Provisions

SEC. 831. CLARIFICATION OF EXCEPTION FROM BUY AMERICAN

REQUIREMENTS FOR PROCUREMENT OF PERISHABLE

FOOD FOR ESTABLISHMENTS OUTSIDE THE UNITED

STATES.

Section 2533a(d)(3) of title 10, United States Code, is amended

by inserting ‘‘, or for,’’ after ‘‘perishable foods by’’.

SEC. 832. TRAINING FOR DEFENSE ACQUISITION WORKFORCE ON THE

REQUIREMENTS OF THE BERRY AMENDMENT.

(a) TRAINING DURING FISCAL YEAR 2006.—The Secretary of

Defense shall ensure that each member of the defense acquisition

workforce who participates personally and substantially in the

acquisition of textiles on a regular basis receives training during

fiscal year 2006 on the requirements of section 2533a of title 10,

United States Code (commonly referred to as the ‘‘Berry Amendment’’), and the regulations implementing that section.

(b) INCLUSION OF INFORMATION IN NEW TRAINING PROGRAMS.—

The Secretary shall ensure that any training program developed

or implemented after the date of the enactment of this Act for

members of the defense acquisition workforce who participate

personally and substantially in the acquisition of textiles on a

regular basis includes comprehensive information on the requirements described in subsection (a).

SEC. 833. AMENDMENTS TO DOMESTIC SOURCE REQUIREMENTS

RELATING TO CLOTHING MATERIALS AND COMPONENTS

COVERED.

(a) NOTICE.—Section 2533a of title 10, United States Code,

is amended by adding at the end the following new subsection:

‘‘(k) NOTIFICATION REQUIRED WITHIN 7 DAYS AFTER CONTRACT

AWARD IF CERTAIN EXCEPTIONS APPLIED.—In the case of any contract for the procurement of an item described in subparagraph

(B), (C), (D), or (E) of subsection (b)(1), if the Secretary of Defense

or of the military department concerned applies an exception set

forth in subsection (c) or (e) with respect to that contract, the

Secretary shall, not later than 7 days after the award of the contract, post a notification that the exception has been applied on

the Internet site maintained by the General Services Administration

known as FedBizOps.gov (or any successor site).’’.

(b) CLOTHING MATERIALS AND COMPONENTS COVERED.—Subsection (b) of section 2533a of title 10, United States Code, is

amended in paragraph (1)(B) by inserting before the semicolon

the following: ‘‘and the materials and components thereof, other

than sensors, electronics, or other items added to, and not normally

associated with, clothing (and the materials and components

thereof)’’.

Deadline.

10 USC 2533a

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3389

Subtitle E—Other Matters

SEC. 841. REVIEW AND REPORT ON DEPARTMENT OF DEFENSE

EFFORTS TO IDENTIFY CONTRACT FRAUD, WASTE, AND

ABUSE.

(a) REVIEW BY COMPTROLLER GENERAL.—The Comptroller General shall conduct a review of efforts by the Department of Defense

to identify and assess the areas of vulnerability of Department

of Defense contracts to fraud, waste, and abuse.

(b) MATTERS COVERED.— (1) IN GENERAL.—In conducting the review, the Comptroller

General shall summarize the ongoing efforts of the Department

of Defense, including the reviews described in paragraph (2),

and make recommendations about areas not addressed or items

that need further investigation.

(2) DEPARTMENT OF DEFENSE REVIEWS.—The reviews by

the Department of Defense referred to in paragraph (1) are

the following:

(A) A report by a task force of the Defense Science

Board dated March 2005 and titled ‘‘Management Oversight in Acquisition Organizations’’.

(B) An audit by the Inspector General of the Department of Defense titled ‘‘Service Acquisition Executives

Management Oversight and Procurement Authority’’.

(C) A task force to address contract fraud, waste, and

abuse designated by the Deputy Secretary of Defense.

(c) REPORT.—Not later than 180 days 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 review, including

the Comptroller General’s findings and recommendations.

SEC. 842. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES AND CERTAIN INSTITUTIONS OF

HIGHER EDUCATION.

Section 2323(k) of title 10, United States Code, is amended

by striking ‘‘2006’’ both places it appears and inserting ‘‘2009’’.

SEC. 843. EXTENSION OF DEADLINE FOR REPORT OF ADVISORY PANEL

ON LAWS AND REGULATIONS ON ACQUISITION PRACTICES.

Section 1423(d) of the Services Acquisition Reform Act of 2003

(title XIV of Public Law 108–136; 117 Stat. 1669; 41 U.S.C. 405

note) is amended by striking ‘‘one year’’ and inserting ‘‘18 months’’.

SEC. 844. EXCLUSION OF CERTAIN SECURITY EXPENSES FROM CONSIDERATION FOR PURPOSE OF SMALL BUSINESS SIZE

STANDARDS.

Section 3(a) of the Small Business Act (15 U.S.C. 632(a)), is

amended by adding at the end the following:

‘‘(4) EXCLUSION OF CERTAIN SECURITY EXPENSES FROM

CONSIDERATION FOR PURPOSE OF SMALL BUSINESS SIZE STANDARDS.—

‘‘(A) DETERMINATION REQUIRED.—Not later than 30

days after the date of enactment of this paragraph, the

Administrator shall review the application of size standards

established pursuant to paragraph (2) to small business

Deadline.

119 STAT. 3390 PUBLIC LAW 109–163—JAN. 6, 2006

concerns that are performing contracts in qualified areas

and determine whether it would be fair and appropriate

to exclude from consideration in the average annual gross

receipts of such small business concerns any payments

made to such small business concerns by Federal agencies

to reimburse such small business concerns for the cost

of subcontracts entered for the sole purpose of providing

security services in a qualified area.

‘‘(B) ACTION REQUIRED.—Not later than 60 days after

the date of enactment of this paragraph, the Administrator

shall either—

‘‘(i) initiate an adjustment to the size standards,

as described in subparagraph (A), if the Administrator

determines that such an adjustment would be fair

and appropriate; or

‘‘(ii) provide a report to the Committee on Small

Business and Entrepreneurship of the Senate and the

Committee on Small Business of the House of Representatives explaining in detail the basis for the determination by the Administrator that such an adjustment would not be fair and appropriate.

‘‘(C) QUALIFIED AREAS.—In this paragraph, the term

‘qualified area’ means—

‘‘(i) Iraq,

‘‘(ii) Afghanistan, and

‘‘(iii) any foreign country which included a combat

zone, as that term is defined in section 112(c)(2) of

the Internal Revenue Code of 1986, at the time of

performance of the relevant Federal contract or subcontract.’’.

SEC. 845. DISASTER RELIEF FOR SMALL BUSINESS CONCERNS DAMAGED BY DROUGHT.

(a) DROUGHT DISASTER AUTHORITY.—

(1) DEFINITION OF DISASTER.—Section 3(k) of the Small

Business Act (15 U.S.C. 632(k)) is amended—

(A) by inserting ‘‘(1)’’ after ‘‘(k)’’; and

(B) by adding at the end the following:

‘‘(2) For purposes of section 7(b)(2), the term ‘disaster’

includes—

‘‘(A) drought; and

‘‘(B) below average water levels in the Great Lakes, or

on any body of water in the United States that supports commerce by small business concerns.’’.

(2) DROUGHT DISASTER RELIEF AUTHORITY.—Section 7(b)(2)

of the Small Business Act (15 U.S.C. 636(b)(2)) is amended—

(A) by inserting ‘‘(including drought), with respect to

both farm-related and nonfarm-related small business concerns,’’ before ‘‘if the Administration’’; and

(B) in subparagraph (B), by striking ‘‘the Consolidated

Farmers Home Administration Act of 1961 (7 U.S.C. 1961)’’

and inserting the following: ‘‘section 321 of the Consolidated

Farm and Rural Development Act (7 U.S.C. 1961), in which

case, assistance under this paragraph may be provided

to farm-related and nonfarm-related small business concerns, subject to the other applicable requirements of this

paragraph’’.

Reports.

Deadline.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3391

(b) LIMITATION ON LOANS.—From funds otherwise appropriated

for loans under section 7(b) of the Small Business Act (15 U.S.C.

636(b)), not more than $9,000,000 may be used during each of

fiscal years 2005 through 2008, to provide drought disaster loans

to nonfarm-related small business concerns in accordance with this

section and the amendments made by this section.

(c) PROMPT RESPONSE TO DISASTER REQUESTS.—Section

7(b)(2)(D) of the Small Business Act (15 U.S.C. 636(b)(2)(D)) is

amended by striking ‘‘Upon receipt of such certification, the

Administration may’’ and inserting ‘‘Not later than 30 days after

the date of receipt of such certification by a Governor of a State,

the Administration shall respond in writing to that Governor on

its determination and the reasons therefore, and may’’.

(d) RULEMAKING.—Not later than 45 days after the date of

enactment of this Act, the Administrator of the Small Business

Administration shall promulgate final rules to carry out this section

and the amendments made by this section.

SEC. 846. EXTENSION OF LIMITED ACQUISITION AUTHORITY FOR THE

COMMANDER OF THE UNITED STATES JOINT FORCES

COMMAND.

(a) EXTENSION OF AUTHORITY.—Subsection (f) of section 167a

of title 10, United States Code, is amended—

(1) by striking ‘‘through 2006’’ and inserting ‘‘through

2008’’; and

(2) by striking ‘‘September 30, 2006’’ and inserting ‘‘September 30, 2008’’.

(b) 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 House of

Representatives a report on the implementation of section 167a

of title 10, United States Code.

SEC. 847. CIVILIAN BOARD OF CONTRACT APPEALS.

(a) IN GENERAL.—The Office of Federal Procurement Policy

Act (41 U.S.C. 401 et seq.) is amended by adding at the end

the following new section:

‘‘SEC. 42. CIVILIAN BOARD OF CONTRACT APPEALS.

‘‘(a) BOARD ESTABLISHED.—There is established in the General

Services Administration a board of contract appeals to be known

as the Civilian Board of Contract Appeals (in this section referred

to as the ‘Civilian Board’).

‘‘(b) MEMBERSHIP.—

‘‘(1) APPOINTMENT.—(A) The Civilian Board shall consist

of members appointed by the Administrator of General Services

(in consultation with the Administrator for Federal Procurement Policy) from a register of applicants maintained by the

Administrator of General Services, in accordance with rules

issued by the Administrator of General Services (in consultation

with the Administrator for Federal Procurement Policy) for

establishing and maintaining a register of eligible applicants

and selecting Civilian Board members. The Administrator of

General Services shall appoint a member without regard to

political affiliation and solely on the basis of the professional

qualifications required to perform the duties and responsibilities of a Civilian Board member.

41 USC 438.

Deadline.

15 USC 632 note.

Deadline.

119 STAT. 3392 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(B) The members of the Civilian Board shall be selected

and appointed to serve in the same manner as administrative

law judges appointed pursuant to section 3105 of title 5, United

States Code, with an additional requirement that such members

shall have had not fewer than five years of experience in

public contract law.

‘‘(C) Notwithstanding subparagraph (B) and subject to paragraph (2), the following persons shall serve as Civilian Board

members: any full-time member of any agency board of contract

appeals other than the Armed Services Board of Contract

Appeals, the Postal Service Board of Contract Appeals, and

the board of contract appeals of the Tennessee Valley Authority

serving as such on the day before the effective date of this

section.

‘‘(2) REMOVAL.—Members of the Civilian Board shall be

subject to removal in the same manner as administrative law

judges, as provided in section 7521 of title 5, United States

Code.

‘‘(3) COMPENSATION.—Compensation for members of the

Civilian Board shall be determined under section 5372a of

title 5, United States Code.

‘‘(c) FUNCTIONS.—

‘‘(1) IN GENERAL.—The Civilian Board shall have jurisdiction as provided by section 8(d) of the Contract Disputes Act

of 1978 (41 U.S.C. 607(b)).

‘‘(2) ADDITIONAL JURISDICTION.—The Civilian Board may,

with the concurrence of the Federal agency or agencies

affected—

‘‘(A) assume jurisdiction over any additional category

of laws or disputes over which an agency board of contract

appeals established pursuant to section 8 of the Contract

Disputes Act exercised jurisdiction before the effective date

of this section; and

‘‘(B) assume any other functions performed by such

a board before such effective date on behalf of such agencies.’’.

(b) TRANSFERS.—The personnel employed in connection with,

and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and

other funds employed, held, used, arising from, available to, or

to be made available in connection with the functions vested by

law in the agency boards of contract appeals established pursuant

to section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607)

(as in effect on the day before the effective date described in

subsection (g)) other than the Armed Services Board of Contract

Appeals, the board of contract appeals of the Tennessee Valley

Authority, and the Postal Service Board of Contract Appeals shall

be transferred to the Civilian Board of Contract Appeals for appropriate allocation by the Chairman of that Board.

(c) TERMINATION OF BOARDS OF CONTRACT APPEALS.—

(1) TERMINATION.—Effective on the effective date described

in subsection (g), the agency boards of contract appeals established pursuant to section 8 of the Contract Disputes Act of

1978 (41 U.S.C. 607) (as in effect on the day before such

effective date), other than the Armed Services Board of Contract

Appeals, the board of contract appeals of the Tennessee Valley

41 USC 607 note.

41 USC 607 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3393

Authority, and the Postal Service Board of Contract Appeals,

shall terminate.

(2) SAVINGS PROVISION.—(A) This section and the amendments made by this section shall not affect any proceedings

pending on the effective date described in subsection (g) before

any agency board of contract appeals terminated by paragraph

(1).

(B) In the case of any such proceedings pending before

an agency board of contract appeals other than the Armed

Services Board of Contract Appeals or the board of contract

appeals of the Tennessee Valley Authority, the proceedings

shall be continued by the Civilian Board of Contract Appeals,

and orders which were issued in any such proceeding by the

agency board shall continue in effect until modified, terminated,

superseded, or revoked by the Civilian Board of Contract

Appeals, by a court of competent jurisdiction, or by operation

of law.

(d) AMENDMENTS TO CONTRACTS DISPUTES ACT.—

(1) AMENDMENTS TO DEFINITIONS.—Section 2 of the Contract Disputes Act of 1978 (41 U.S.C. 601) is amended—

(A) in paragraph (2), by striking ‘‘, the United States

Postal Service, and the Postal Rate Commission’’;

(B) by redesignating paragraph (7) as paragraph (9);

(C) by amending paragraph (6) to read as follows:

‘‘(6) the terms ‘agency board’ or ‘agency board of contract

appeals’ mean—

‘‘(A) the Armed Services Board of Contract Appeals

established under section 8(a)(1) of this Act;

‘‘(B) the Civilian Board of Contract Appeals established

under section 42 of the Office of Federal Procurement Policy

Act (41 U.S.C. 403 et seq.);

‘‘(C) the board of contract appeals of the Tennessee

Valley Authority; or

‘‘(D) the Postal Service Board of Contract Appeals

established under section 8(c) of this Act;’’; and

(D) by inserting after paragraph (6) the following new

paragraphs:

‘‘(7) the term ‘Armed Services Board’ means the Armed

Services Board of Contract Appeals established under section

8(a)(1) of this Act;

‘‘(8) the term ‘Civilian Board’ means the Civilian Board

of Contract Appeals established under section 42 of the Office

of Federal Procurement Policy Act (41 U.S.C. 403 et seq.);

and’’.

(2) AMENDMENTS RELATING TO JURISDICTION.—Section 8

of the Contract Disputes Act of 1978 (41 U.S.C. 607) is

amended—

(A) in subsection (d)—

(i) by striking the first sentence and inserting the

following: ‘‘The Armed Services Board shall have jurisdiction to decide any appeal from a decision of a contracting officer of the Department of Defense, the

Department of the Army, the Department of the Navy,

the Department of the Air Force, or the National Aeronautics and Space Administration relative to a contract

made by that department or agency. The Civilian

Board shall have jurisdiction to decide any appeal from

119 STAT. 3394 PUBLIC LAW 109–163—JAN. 6, 2006

a decision of a contracting officer of any executive

agency (other than the Department of Defense, the

Department of the Army, the Department of the Navy,

the Department of the Air Force, the National Aeronautics and Space Administration, the United States

Postal Service, the Postal Rate Commission, or the

Tennessee Valley Authority) relative to a contract

made by that agency. Each other agency board shall

have jurisdiction to decide any appeal from a decision

of a contracting officer relative to a contract made

by its agency.’’; and

(ii) in the second sentence, by striking ‘‘Claims

Court’’ and inserting ‘‘Court of Federal Claims’’;

(B) by striking subsection (c) and inserting the following:

‘‘(c) There is established an agency board of contract appeals

to be known as the ‘Postal Service Board of Contract Appeals’.

Such board shall have jurisdiction to decide any appeal from a

decision of a contracting officer of the United States Postal Service

or the Postal Rate Commission relative to a contract made by

either agency. Such board shall consist of judges appointed by

the Postmaster General who shall meet the qualifications of and

serve in the same manner as members of the Civilian Board of

Contract Appeals. This Act shall apply to contract disputes before

the Postal Service Board of Contract Appeals in the same manner

as they apply to contract disputes before the Civilian Board.’’.

(3) CONFORMING AMENDMENTS.—Section 8 of the Contract

Disputes Act of 1978 (41 U.S.C. 607) is further amended—

(A) in subsection (a)(1)—

(i) by striking ‘‘Except as provided in paragraph

(2) an agency board of contract appeals’’ and inserting

‘‘An Armed Services Board of Contract Appeals’’; and

(ii) by striking ‘‘an executive agency when the

agency head’’ and inserting ‘‘the Department of Defense

when the Secretary of Defense’’; and

(B) in subsection (b)(1)—

(i) by striking ‘‘Except as provided in paragraph

(2), the members of agency boards’’ and inserting ‘‘The

members of the Armed Services Board of Contract

Appeals’’;

(ii) in the second sentence, by striking ‘‘agency

boards’’ and inserting ‘‘such Board’’;

(iii) in the third sentence, by striking ‘‘each board’’

and inserting ‘‘such Board’’ and by striking ‘‘the agency

head’’ and inserting ‘‘the Secretary of Defense’’; and

(iv) in the fourth sentence, by striking ‘‘an agency

board’’ and inserting ‘‘such Board’’.

(4) REPEAL OF OBSOLETE PROVISIONS.—Section 8 of the

Contract Disputes Act of 1978 (41 U.S.C. 607) is further

amended by striking subsections (h) and (i).

(e) REFERENCES.—Any reference to an agency board of contract

appeals other than the Armed Services Board of Contract Appeals,

the board of contract appeals of the Tennessee Valley Authority,

or the Postal Service Board of Contract Appeals in any provision

of law or in any rule, regulation, or other paper of the United

States shall be treated as referring to the Civilian Board of Contract

41 USC 607 note.

Applicability.

Establishment.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3395

Appeals established under section 42 of the Office of Federal

Procurement Policy Act.

(f) CONFORMING AND CLERICAL AMENDMENTS.—(1) Section

5372a(a)(1) of title 5, United States Code, is amended by inserting

after ‘‘of 1978’’ the following: ‘‘or a member of the Civilian Board

of Contract Appeals appointed under section 42 of the Office of

Federal Procurement Policy Act’’.

(2) The table of contents for the Office of Federal Procurement

Policy Act (contained in section 1(b)) is amended by adding at

the end the following new item:

‘‘42. Civilian Board of Contract Appeals.’’.

(g) EFFECTIVE DATE.—Section 42 of the Office of Federal

Procurement Policy Act, as added by this section, and the amendments and repeals made by this section, shall take effect 1 year

after the date of the enactment of this Act.

SEC. 848. STATEMENT OF POLICY AND REPORT RELATING TO CONTRACTING WITH EMPLOYERS OF PERSONS WITH

DISABILITIES.

(a) EXTENSIONS OF INAPPLICABILITY OF CERTAIN ACTS.—Section

853 of the Ronald W. Reagan National Defense Authorization Act

for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2021) is

amended in subsections (a)(2)(A) and (b)(2)(A) by striking ‘‘2005’’

and inserting ‘‘2006’’.

(b) STATEMENT OF POLICY.—The Secretary of Defense, the Secretary of Education, and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled shall jointly

issue a statement of policy related to the implementation of the

Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the JavitsWagner-O’Day Act (41 U.S.C. 48) within the Department of Defense

and the Department of Education. The joint statement of policy

shall specifically address the application of those Acts to both operation and management 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,

and shall take into account and address, to the extent practicable,

the positions acceptable to persons representing programs implemented under each Act.

(c) REPORT.—Not later than April 1, 2006, the Secretary of

Defense, the Secretary of Education, and the Chairman of the

Committee for Purchase From People Who Are Blind or Severely

Disabled shall submit to the Committees on Armed Services of

the Senate and the House of Representatives, the Committee on

Health, Education, Labor and Pensions of the Senate, and the

Committee on Education and the Workforce of the House of Representatives a report describing the joint statement of policy issued

under subsection (b), with such findings and recommendations as

the Secretaries consider appropriate.

SEC. 849. STUDY ON DEPARTMENT OF DEFENSE CONTRACTING WITH

SMALL BUSINESS CONCERNS OWNED AND CONTROLLED

BY SERVICE-DISABLED VETERANS.

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct

a study on Department of Defense procurement contracts with

small business concerns owned and controlled by service-disabled

veterans.

41 USC 46 note.

41 USC 46 note.

5 USC 5372a

note.

119 STAT. 3396 PUBLIC LAW 109–163—JAN. 6, 2006

(b) ELEMENTS OF STUDY.—The study required by subsection

(a) shall include the following determinations:

(1) Any steps taken by the Department of Defense to meet

the Government-wide goal of participation by small business

concerns owned and controlled by service-disabled veterans in

at least 3 percent of the total value of all prime contract

and subcontract awards, as required under section 15(g) of

the Small Business Act (15 U.S.C. 644(g)).

(2) If the Department of Defense has failed to meet such

goal, an explanation of the reasons for such failure.

(3) Any steps taken within the Department of Defense

to make contracting officers aware of the 3 percent goal and

to ensure that procurement officers are working actively to

achieve such goal.

(4) An estimate of the number of appropriately qualified

small business concerns owned and controlled by service-disabled veterans which submitted responsive offers on contracts

with the Department of Defense during the preceding fiscal

year.

(5) Any outreach efforts made by the Department to enter

into contracts with small business concerns owned and controlled by service-disabled veterans.

(6) Any additional outreach efforts the Department should

make.

(7) The appropriate role of prime contractors in achieving

goals established for small business concerns owned and controlled by service-disabled veterans under section 36 of the

Small Business Act (15 U.S.C. 657f).

(c) REPORT.—Not later than one year after the date of the

enactment of this Act, the Secretary shall submit to Congress

a report on the findings of the study conducted under this section.

(d) SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY

SERVICE-DISABLED VETERANS.—In this section, the term ‘‘small

business concern owned and controlled by service-disabled veterans’’

has the meaning given that term in section 3(q) of the Small

Business Act (15 U.S.C. 632(q)).

TITLE IX—DEPARTMENT OF DEFENSE

ORGANIZATION AND MANAGEMENT

SUBTITLE A—GENERAL DEPARTMENT OF DEFENSE MANAGEMENT MATTERS

Sec. 901. Parity in pay levels among Under Secretary positions.

Sec. 902. Expansion of eligibility for leadership of Department of Defense Test Resource Management Center.

Sec. 903. Standardization of authority for acceptance of gifts and donations for Department of Defense regional centers for security studies.

Sec. 904. Directors of Small Business Programs in Department of Defense and military departments.

Sec. 905. Plan to defend the homeland against cruise missiles and other low-altitude aircraft.

Sec. 906. Provision of audiovisual support services by White House Communications Agency on nonreimbursable basis.

Sec. 907. Report on establishment of a Deputy Secretary of Defense for Management.

Sec. 908. Responsibility of the Joint Chiefs of Staff as military advisers to the

Homeland Security Council.

Sec. 909. Improvement in health care services for residents of Armed Forces Retirement Home.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3397

SUBTITLE B—SPACE ACTIVITIES

Sec. 911. Space Situational Awareness Strategy and space control mission review.

Sec. 912. Military satellite communications.

Sec. 913. Operationally responsive space.

Sec. 914. Report on use of Space Radar for topographical mapping for scientific and

civil purposes.

Sec. 915. Sense of Congress regarding national security aspect of United States

preeminence in human spaceflight.

SUBTITLE C—CHEMICAL DEMILITARIZATION PROGRAM

Sec. 921. Clarification of Cooperative Agreement Authority under Chemical Demilitarization Program.

Sec. 922. Chemical demilitarization facilities.

SUBTITLE D—INTELLIGENCE-RELATED MATTERS

Sec. 931. Department of Defense Strategy for Open-Source Intelligence.

Sec. 932. Comprehensive inventory of Department of Defense Intelligence and Intelligence-related programs and projects.

Sec. 933. Operational files of the Defense Intelligence Agency.

Subtitle A—General Department of

Defense Management Matters

SEC. 901. PARITY IN PAY LEVELS AMONG UNDER SECRETARY POSITIONS.

(a) POSITIONS OF UNDER SECRETARIES OF MILITARY DEPARTMENTS RAISED TO LEVEL III OF THE EXECUTIVE SCHEDULE.—Section

5314 of title 5, United States Code, is amended by inserting after

‘‘Under Secretary of Defense for Intelligence’’ the following:

‘‘Under Secretary of the Air Force.

‘‘Under Secretary of the Army.

‘‘Under Secretary of the Navy.’’.

(b) CONFORMING AMENDMENT.—Section 5315 of such title is

amended by striking the following:

‘‘Under Secretary of the Air Force.

‘‘Under Secretary of the Army.

‘‘Under Secretary of the Navy.’’.

SEC. 902. EXPANSION OF ELIGIBILITY FOR LEADERSHIP OF DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT

CENTER.

(a) DIRECTOR OF CENTER.—Paragraph (1) of section 196(b) of

title 10, United States Code, is amended by striking ‘‘commissioned

officers’’ and all that follows through the end of the sentence and

inserting ‘‘individuals who have substantial experience in the field

of test and evaluation.’’.

(b) DEPUTY DIRECTOR OF CENTER.—Paragraph (2) of such section is amended by striking ‘‘senior civilian officers and employees

of the Department of Defense’’ and inserting ‘‘individuals’’.

SEC. 903. STANDARDIZATION OF AUTHORITY FOR ACCEPTANCE OF

GIFTS AND DONATIONS FOR DEPARTMENT OF DEFENSE

REGIONAL CENTERS FOR SECURITY STUDIES.

(a) AUTHORITY TO ACCEPT.— (1) IN GENERAL.—Section 2611 of title 10, United States

Code, is amended to read as follows:

119 STAT. 3398 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘§ 2611. Regional centers for security studies: acceptance of

gifts and donations

‘‘(a) AUTHORITY TO ACCEPT GIFTS AND DONATIONS.—(1) Subject

to subsection (c), the Secretary of Defense may, on behalf of any

Department of Defense regional center for security studies, any

combination of such centers, or such centers generally, accept from

any source specified in subsection (b) any gift or donation for

purposes of defraying the costs or enhancing the operation of such

a center, combination of centers, or centers generally, as the case

may be.

‘‘(2) For purposes of this section, the Department of Defense

regional centers for security studies are the following:

‘‘(A) The George C. Marshall European Center for Security

Studies.

‘‘(B) The Asia-Pacific Center for Security Studies.

‘‘(C) The Center for Hemispheric Defense Studies.

‘‘(D) The Africa Center for Strategic Studies.

‘‘(E) The Near East South Asia Center for Strategic Studies.

‘‘(b) SOURCES.—The sources from which gifts and donations

may be accepted under subsection (a) are the following:

‘‘(1) The government of a State or a political subdivision

of a State.

‘‘(2) The government of a foreign country.

‘‘(3) A foundation or other charitable organization, including

a foundation or charitable organization this is organized or

operates under the laws of a foreign country.

‘‘(4) Any source in the private sector of the United States

or a foreign country.

‘‘(c) LIMITATION.—The Secretary may not accept a gift or donation under subsection (a) if acceptance of the gift or donation

would compromise or appear to compromise—

‘‘(1) the ability of the Department of Defense, any employee

of the Department, or any member of the armed forces to

carry out the responsibility or duty of the Department in a

fair and objective manner; or

‘‘(2) the integrity of any program of the Department, or

of any person involved in such a program.

‘‘(d) CRITERIA FOR ACCEPTANCE.—The Secretary shall prescribe

written guidance setting forth the criteria to be used in determining

whether the acceptance of a gift or donation would have a result

described in subsection (c).

‘‘(e) CREDITING OF FUNDS.—Funds accepted by the Secretary

under section (a) shall be credited to appropriations available to

the Department of Defense for the regional center, combination

of centers, or centers generally for which accepted. Funds so credited

shall be merged with the appropriations to which credited and

shall be available for the regional center, combination of centers,

or centers generally, as the case may be, for the same purposes

as the appropriations with which merged. Any funds accepted under

this section shall remain available until expended.

‘‘(f) GIFT OR DONATION DEFINED.—In this section, the term

‘gift or donation’ means any gift or donation of funds, materials

(including research materials), real or personal property, or services

(including lecture services and faculty services).’’.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3399

(2) CLERICAL AMENDMENT.—The item relating to section

2611 in the table of sections at the beginning of chapter 155

of such title is amended to read as follows:

‘‘2611. Regional centers for security studies: acceptance of gifts and donations.’’.

(b) ANNUAL REPORT ON GIFT ACCEPTANCE.—Section 184(b)(4)

of title 10, United States Code, is amended by striking ‘‘under

any of the’’ and all that follows and inserting ‘‘under section 2611

of this title.’’.

(c) CONFORMING AMENDMENTS.—

(1) Section 1306 of the National Defense Authorization

Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2892)

is amended—

(A) by striking subsection (a);

(B) by redesignating subsection (b) as subsection (a);

(C) by striking ‘‘(1)’’ the first place it appears;

(D) by redesignating paragraph (2) as subsection (b);

(E) by inserting ‘‘SOURCE OF FUNDS.—’’ before ‘‘Costs

for’’; and

(F) by striking ‘‘paragraph (1)’’ and insertion ‘‘subsection (a)’’.

(2) Section 1065 of the National Defense Authorization

Act for Fiscal Year 1997 (10 U.S.C. 113 note) is amended—

(A) by striking subsection (a); and

(B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.

SEC. 904. DIRECTORS OF SMALL BUSINESS PROGRAMS IN DEPARTMENT OF DEFENSE AND MILITARY DEPARTMENTS.

(a) REDESIGNATION OF EXISTING POSITIONS AND OFFICES.—

(1) POSITIONS REDESIGNATED.—The following positions

within the Department of Defense are redesignated as follows:

(A) The Director of Small and Disadvantaged Business

Utilization of the Department of Defense is redesignated

as the Director of Small Business Programs of the Department of Defense.

(B) The Director of Small and Disadvantaged Business

Utilization of the Department of the Army is redesignated

as the Director of Small Business Programs of the Department of the Army.

(C) The Director of Small and Disadvantaged Business

Utilization of the Department of the Navy is redesignated

as the Director of Small Business Programs of the Department of the Navy.

(D) The Director of Small and Disadvantaged Business

Utilization of the Department of the Air Force is redesignated as the Director of Small Business Programs of the

Department of the Air Force.

(2) OFFICES REDESIGNATED.—The following offices within

the Department of Defense are redesignated as follows:

(A) The Office of Small and Disadvantaged Business

Utilization of the Department of Defense is redesignated

as the Office of Small Business Programs of the Department of Defense.

(B) The Office of Small and Disadvantaged Business

Utilization of the Department of the Army is redesignated

as the Office of Small Business Programs of the Department of the Army.

10 USC 144 note.

10 USC 113 note.

119 STAT. 3400 PUBLIC LAW 109–163—JAN. 6, 2006

(C) The Office of Small and Disadvantaged Business

Utilization of the Department of the Navy is redesignated

as the Office of Small Business Programs of the Department of the Navy.

(D) The Office of Small and Disadvantaged Business

Utilization of the Department of the Air Force is redesignated as the Office of Small Business Programs of the

Department of the Air Force.

(3) REFERENCES.—Any reference in any law, regulation,

document, paper, or other record of the United States to a

position or office redesignated by paragraph (1) or (2) shall

be deemed to be a reference to the position or office as so

redesignated.

(b) DEPARTMENT OF DEFENSE.— (1) OSD POSITION AND OFFICE.—Chapter 4 of title 10,

United States Code, is amended by adding at the end the

following new section:

‘‘§ 144. Director of Small Business Programs

‘‘(a) DIRECTOR.—There is a Director of Small Business Programs

in the Department of Defense. The Director is appointed by the

Secretary of Defense.

‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The Office of

Small Business Programs of the Department of Defense is the

office that is established within the Office of the Secretary of

Defense under section 15(k) of the Small Business Act (15 U.S.C.

644(k)). The Director of Small Business Programs is the head of

such office.

‘‘(c) DUTIES AND POWERS.—(1) The Director of Small Business

Programs shall, subject to paragraph (2), perform such duties

regarding small business programs of the Department of Defense,

and shall exercise such powers regarding those programs, as the

Secretary of Defense may prescribe.

‘‘(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),

except for the designations of the Director and the Office, applies

to the Director of Small Business Programs.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘144. Director of Small Business Programs.’’.

(c) DEPARTMENT OF THE ARMY.—

(1) POSITION AND OFFICE.—Chapter 303 of title 10, United

States Code, is amended by adding at the end the following

new section:

‘‘§ 3024. Director of Small Business Programs

‘‘(a) DIRECTOR.—There is a Director of Small Business Programs

in the Department of the Army. The Director is appointed by

the Secretary of the Army.

‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The Office of

Small Business Programs of the Department of the Army is the

office that is established within the Department of the Army under

section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The

Director of Small Business Programs is the head of such office.

‘‘(c) DUTIES AND POWERS.—(1) The Director of Small Business

Programs shall, subject to paragraph (2), perform such duties

regarding small business programs of the Department of the Army,

Applicability.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3401

and shall exercise such powers regarding those programs, as the

Secretary of the Army may prescribe.

‘‘(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),

except for the designations of the Director and the Office, applies

to the Director of Small Business Programs.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘3024. Director of Small Business Programs.’’.

(d) DEPARTMENT OF THE NAVY.—

(1) POSITION AND OFFICE.—Chapter 503 of title 10, United

States Code, is amended by adding at the end the following

new section:

‘‘§ 5028. Director of Small Business Programs

‘‘(a) DIRECTOR.—There is a Director of Small Business Programs

in the Department of the Navy. The Director is appointed by the

Secretary of the Navy.

‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The Office of

Small Business Programs of the Department of the Navy is the

office that is established within the Department of the Navy under

section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The

Director of Small Business Programs is the head of such office.

‘‘(c) DUTIES AND POWERS.—(1) The Director of Small Business

Programs shall, subject to paragraph (2), perform such duties

regarding small business programs of the Department of the Navy,

and shall exercise such powers regarding those programs, as the

Secretary of the Navy may prescribe.

‘‘(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),

except for the designations of the Director and the Office, applies

to the Director of Small Business Programs.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘5028. Director of Small Business Programs.’’.

(e) DEPARTMENT OF THE AIR FORCE.—

(1) POSITION AND OFFICE.—Chapter 803 of title 10, United

States Code, is amended by adding at the end the following

new section:

‘‘§ 8024. Director of Small Business Programs

‘‘(a) DIRECTOR.—There is a Director of Small Business Programs

in the Department of the Air Force. The Director is appointed

by the Secretary of the Air Force.

‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The Office of

Small Business Programs of the Department of the Air Force is

the office that is established within the Department of the Air

Force under section 15(k) of the Small Business Act (15 U.S.C.

644(k)). The Director of Small Business Programs is the head of

such office.

‘‘(c) DUTIES AND POWERS.—(1) The Director of Small Business

Programs shall, subject to paragraph (2), perform such duties

regarding small business programs of the Department of the Air

Force, and shall exercise such powers regarding those programs,

as the Secretary of the Air Force may prescribe.

Applicability.

Applicability.

119 STAT. 3402 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)),

except for the designations of the Director and the Office, applies

to the Director of Small Business Programs.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘8024. Director of Small Business Programs.’’.

SEC. 905. PLAN TO DEFEND THE HOMELAND AGAINST CRUISE MISSILES AND OTHER LOW-ALTITUDE AIRCRAFT.

(a) PLAN REQUIRED.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall submit

to the congressional defense committees a plan for the defense

of the United States homeland against cruise missiles, unmanned

aerial vehicles, and other low-altitude aircraft that may be launched

in an attack against the United States homeland.

(b) FOCUS OF PLAN.—In developing the plan, the Secretary

shall focus on the role of Department of Defense components in

the defense of the homeland against an attack described in subsection (a), but shall also address the role, if any, of other departments and agencies of the United States Government in that

defense.

(c) ELEMENTS OF PLAN.—The plan shall include the following:

(1) The identification of an official or office within the

Department of Defense to be responsible for coordinating the

implementation of the plan described in subsection (a) from

both an operational and acquisition perspective.

(2) Identification of (A) the capabilities required by the

Department of Defense in order to fulfill the mission of the

Department to defend the homeland against attack by cruise

missiles, unmanned aerial vehicles, and other low-altitude aircraft, and (B) any current shortfall in those capabilities.

(3) Identification of each element of the Department of

Defense that will be responsible under the plan for acquisition

in order to achieve one or more of the capabilities identified

pursuant to paragraph (2).

(4) A schedule for implementing the plan.

(5) A statement of the funding required to implement the

Department of Defense portion of the plan.

(6) An identification of the roles and missions, if any,

of other departments and agencies of the United States Government in contributing to the defense of the homeland against

attack described in paragraph (2).

(d) SCOPE OF PLAN.—The plan shall be coordinated with plans

of the Department of Defense for defending the United States

homeland against attack by short-range to medium-range ballistic

missiles.

SEC. 906. PROVISION OF AUDIOVISUAL SUPPORT SERVICES BY WHITE

HOUSE COMMUNICATIONS AGENCY ON NONREIMBURSABLE BASIS.

(a) PROVISION ON NONREIMBURSABLE BASIS.—Section 912 of

the National Defense Authorization Act for Fiscal Year 1997 (10

U.S.C. 111 note) is amended—

(1) in subsection (a)—

Deadline.

Applicability.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3403

(A) in the subsection heading, by inserting ‘‘AND AUDIO- VISUAL SUPPORT SERVICES’’ after ‘‘TELECOMMUNICATIONS

SUPPORT’’; and

(B) by inserting ‘‘and audiovisual support services’’

after ‘‘provision of telecommunications support’’; and

(2) in subsection (b), by inserting ‘‘and audiovisual’’ after

‘‘other than telecommunications’’.

(b) REPEAL OF OBSOLETE PROVISIONS.—Such section is further

amended by striking subsections (d), (e), and (f).

SEC. 907. REPORT ON ESTABLISHMENT OF A DEPUTY SECRETARY OF

DEFENSE FOR MANAGEMENT.

(a) STUDY REQUIRED.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of Defense shall, as

determined by the Secretary, select one or two Federally Funded

Research and Development Centers to conduct a study of the feasibility and advisability of establishing a Deputy Secretary of Defense

for Management. The Secretary shall provide for each Center conducting a study under this section to submit a report on such

study to the Secretary and to the Committee on Armed Services

of the Senate and the Committee on Armed Services of the House

of Representatives not later than December 1, 2006.

(b) CONTENT OF STUDY.—Each study under this section shall

address—

(1) the extent to which the establishment of a Deputy

Secretary of Defense for Management would—

(A) improve the management of the Department of

Defense;

(B) expedite the process of management reform in the

Department; and

(C) enhance the implementation of business systems

modernization in the Department;

(2) the appropriate relationship of the Deputy Secretary

of Defense for Management to other Department of Defense

officials;

(3) the appropriate term of service for a Deputy Secretary

of Defense for Management; and

(4) the experience of any other Federal agencies that have

instituted similar management positions.

(c) DEPUTY SECRETARY FOR MANAGEMENT POSITION

DESCRIBED.—For the purposes of this section, a Deputy Secretary

of Defense for Management is an official who—

(1) serves as the Chief Management Officer of the Department of Defense;

(2) is the principal advisor to the Secretary of Defense

on matters relating to the management of the Department

of Defense, including defense business activities, to ensure

Department-wide capability to carry out the strategic plan of

the Department of Defense in support of national security objectives; and

(3) takes precedence in the Department of Defense immediately after the Deputy Secretary of Defense.

SEC. 908. RESPONSIBILITY OF THE JOINT CHIEFS OF STAFF AS MILITARY ADVISERS TO THE HOMELAND SECURITY COUNCIL.

(a) RESPONSIBILITY AS MILITARY ADVISERS.—

(1) IN GENERAL.—Subsection (b) of section 151 of title 10,

United States Code, is amended—

119 STAT. 3404 PUBLIC LAW 109–163—JAN. 6, 2006

(A) in paragraph (1), by inserting ‘‘the Homeland Security Council,’’ after ‘‘the National Security Council,’’; and

(B) in paragraph (2), by inserting ‘‘the Homeland Security Council,’’ after ‘‘the National Security Council,’’.

(2) CONSULTATION BY CHAIRMAN.—Subsection (c)(2) of such

section is amended by inserting ‘‘the Homeland Security

Council,’’ after ‘‘the National Security Council,’’ both places

it appears.

(3) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN.—Subsection (d) of such section is amended—

(A) in paragraph (1), by inserting ‘‘the Homeland Security Council,’’ after ‘‘the National Security Council,’’ both

places it appears; and

(B) in paragraph (2), by inserting ‘‘the Homeland Security Council,’’ after ‘‘the National Security Council,’’.

(4) ADVICE ON REQUEST.—Subsection (e) of such section

is amended by inserting ‘‘the Homeland Security Council,’’ after

‘‘the National Security Council,’’ both places it appears.

(b) ATTENDANCE AT MEETING OF HOMELAND SECURITY

COUNCIL.—Section 903 of the Homeland Security Act of 2002 (6

U.S.C. 493) is amended—

(1) by inserting ‘‘(a) MEMBERS—’’ before ‘‘The members’’;

and

(2) by adding at the end the following new subsection:

‘‘(b) ATTENDANCE OF CHAIRMAN OF JOINT CHIEFS OF STAFF

AT MEETINGS.—The Chairman of the Joint Chiefs of Staff (or,

in the absence of the Chairman, the Vice Chairman of the Joint

Chiefs of Staff) may, in the role of the Chairman of the Joint

Chiefs of Staff as principal military adviser to the Council and

subject to the direction of the President, attend and participate

in meetings of the Council.’’.

SEC. 909. IMPROVEMENT IN HEALTH CARE SERVICES FOR RESIDENTS

OF ARMED FORCES RETIREMENT HOME.

(a) AVAILABILITY OF PHYSICIANS AND DENTISTS; MEDICAL CARE

TRANSPORTATION.—Section 1513 of the Armed Forces Retirement

Home Act of 1991 (24 U.S.C. 413) is amended—

(1) in subsection (a), by striking ‘‘subsection (b)’’ and

inserting ‘‘subsections (b), (c), and (d)’’;

(2) in the third sentence of subsection (b), by striking

‘‘The’’ and inserting ‘‘Except as provided in subsection (d), the’’;

and

(3) by adding at the end the following new subsections:

‘‘(c) AVAILABILITY OF PHYSICIANS AND DENTISTS.—(1) In providing for the health care needs of residents at a facility of the

Retirement Home under subsection (b), the Retirement Home shall

have a physician and a dentist—

‘‘(A) available at the facility during the daily business

hours of the facility; and

‘‘(B) available on an on-call basis at other times.

‘‘(2) The physicians and dentists required by this subsection

shall have the skills and experience suited to residents of the

facility served by the physicians and dentists.

‘‘(3) To ensure the availability of health care services for residents of a facility of the Retirement Home, the Chief Operating

Officer, in consultation with the Medical Director, shall establish

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3405

uniform standards, appropriate to the medical needs of the residents, for access to health care services during and after the daily

business hours of the facility.

‘‘(d) TRANSPORTATION TO MEDICAL CARE OUTSIDE RETIREMENT

HOME FACILITIES.—(1) With respect to each facility of the Retirement Home, the Retirement Home shall provide daily scheduled

transportation to nearby medical facilities used by residents of

the facility. The Retirement Home may provide, based on a determination of medical need, unscheduled transportation for a resident

of the facility to any medical facility located not more than 30

miles from the facility for the provision of necessary and urgent

medical care for the resident.

‘‘(2) The Retirement Home may not collect a fee from a resident

for transportation provided under this subsection.’’.

(b) COMPTROLLER GENERAL ASSESSMENT.—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 Committee on Armed Services of the House of

Representatives a report containing—

(1) an assessment of the regulatory oversight and monitoring of health care and nursing home care services provided

by the Armed Forces Retirement Home; and

(2) such recommendations as the Comptroller General considers appropriate in light of the results of the assessment.

Subtitle B—Space Activities

SEC. 911. SPACE SITUATIONAL AWARENESS STRATEGY AND SPACE

CONTROL MISSION REVIEW.

(a) FINDINGS.—The Congress finds that—

(1) the Department of Defense has the responsibility, within

the executive branch, for developing the strategy and the systems of the United States for ensuring freedom to operate

United States space assets affecting national security; and

(2) the foundation of any credible strategy for ensuring

freedom to operate United States space assets is a comprehensive system for space situational awareness.

(b) SPACE SITUATIONAL AWARENESS STRATEGY.—

(1) REQUIREMENT.—The Secretary of Defense shall develop

a strategy, to be known as the ‘‘Space Situational Awareness

Strategy’’, for ensuring freedom to operate United States space

assets affecting national security. The Secretary shall submit

the Space Situational Awareness Strategy to Congress not later

than April 15, 2006. The Secretary shall submit to Congress

an updated, current version of the strategy not later than

April 15 of every odd-numbered year thereafter.

(2) TIME PERIODS.—The Space Situational Awareness

Strategy shall cover—

(A) the 20-year period from 2006 through 2025; and

(B) three separate successive periods, the first beginning with 2006, designed to align with the next three

periods for the Future-Years Defense Plan.

(3) MATTERS TO BE INCLUDED.—The Space Situational

Awareness Strategy shall include the following for each period

specified in paragraph (2):

Deadlines.

10 USC 2271

note.

Deadline.

Reports.

119 STAT. 3406 PUBLIC LAW 109–163—JAN. 6, 2006

(A) A threat assessment describing the perceived

threats to United States space assets affecting national

security.

(B) A list of the desired effects and required space

situational awareness capabilities required for national

security.

(C) Details for a coherent and comprehensive strategy

for the United States for space situational awareness,

together with a description of the systems architecture

to implement that strategy in light of the threat assessment

and the desired effects and required capabilities identified

under subparagraphs (A) and (B).

(D) The space situational awareness capabilities

roadmap required by subsection (c).

(c) SPACE SITUATIONAL AWARENESS CAPABILITIES ROADMAP.—

The Space Situational Awareness Strategy shall include a roadmap,

to be known as the ‘‘space situational awareness capabilities

roadmap’’, which shall include the following:

(1) A description of each of the individual program concepts

that will make up the systems architecture described pursuant

to subsection (b)(3)(C).

(2) For each such program concept, a description of the

specific capabilities to be achieved and the threats to be abated.

(d) SPACE SITUATIONAL AWARENESS IMPLEMENTATION PLAN.—

(1) REQUIREMENT.—The Secretary of the Air Force shall

develop a plan, to be known as the ‘‘space situational awareness

implementation plan’’, for the development of the systems

architecture described pursuant to subsection (b)(3)(C).

(2) MATTERS TO BE INCLUDED.—The space situational

awareness implementation plan shall include a description of

the following:

(A) The capabilities of all systems deployed as of mid2005 or planned for modernization or acquisition from 2006

to 2015.

(B) Recommended solutions for inadequacies in the

architecture to address threats and the desired effects and

required capabilities identified under subparagraphs (A)

and (B) of subsection (b)(3).

(e) SPACE CONTROL MISSION REVIEW AND ASSESSMENT.—

(1) REQUIREMENT.—The Secretary of Defense shall provide

for a review and assessment of the requirements of the Department of Defense for the space control mission. The review

and assessment shall be conducted by an entity of the Department of Defense outside of the Department of the Air Force.

(2) MATTERS TO BE INCLUDED.—The review and assessment

under paragraph (1) shall consider the following:

(A) Whether current activities of the Department of

Defense match current requirements of the Department

for the current space control mission.

(B) Whether there exists proper allocation of appropriate resources to fulfill the current space control mission.

(C) The plans of the Department of Defense for the

future space control mission.

(3) REPORT.—Not later than 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 the results

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3407

of the review and assessment under paragraph (1). The report

shall include the following:

(A) The findings and conclusions of the entity conducting the review and assessment on (A) requirements

of the Department of Defense for the space control mission,

and (B) the efforts of the Department to meet those requirements.

(B) Recommendations regarding the best means by

which the Department may meet those requirements.

(4) SPACE CONTROL MISSION DEFINED.—In this subsection,

the term ‘‘space control mission’’ means the mission of the

Department of Defense involving the following:

(A) Space situational awareness.

(B) Defensive counterspace operations.

(C) Offensive counterspace operations.

SEC. 912. MILITARY SATELLITE COMMUNICATIONS.

(a) FINDINGS.—Congress finds the following:

(1) Military requirements for satellite communications

exceed the capability of on-orbit assets as of mid-2005.

(2) To meet future military requirements for satellite

communications, the Secretary of the Air Force has initiated

a highly complex and revolutionary program called the Transformational Satellite Communications System (TSAT).

(3) If the program referred to in paragraph (2) experiences

setbacks that prolong the development and deployment of the

capability to be provided by that program, the Secretary of

the Air Force must be prepared to implement contingency programs to achieve interim improvements in the capabilities of

satellite communications to meet military requirements through

upgrades to current systems.

(b) DEVELOPMENT OF OPTIONS.—In order to prepare for the

contingency referred to in subsection (a)(3), the Director of the

National Security Space Office of the Department of Defense shall

provide for an assessment, to be conducted by an entity outside

the Department of Defense, to develop and compare options for

the individual acquisition of additional Advanced Extremely High

Frequency space vehicles, in conjunction with modifications to

future acquisitions under the Wideband Gapfiller System program,

that will accomplish the following:

(1) Minimize nonrecurring costs.

(2) Improve communications-on-the-move capabilities.

(3) Increase net centricity for communications.

(4) Increase satellite throughput.

(5) Increase user connectivity.

(6) Improve airborne communications support.

(7) Minimize effects of a break in production.

(8) Minimize risk associated with gaps in functional availability of on-orbit assets.

(c) ANALYSIS OF ALTERNATIVES REPORT.—Not later than April

15, 2006, the Director of the National Security Space Office shall

submit to Congress a report providing an analysis of alternatives

with respect to the options developed pursuant to subsection (b).

The analysis of alternatives shall be prepared taking into consideration the findings and recommendations of the independent assessment conducted under subsection (b).

119 STAT. 3408 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 913. OPERATIONALLY RESPONSIVE SPACE.

(a) JOINT OPERATIONALLY RESPONSIVE SPACE PAYLOAD TECH- NOLOGY ORGANIZATION.— (1) IN GENERAL.—The Secretary of Defense shall establish

or designate an organization in the Department of Defense

to coordinate joint operationally responsive space payload technology.

(2) MASTER PLAN.—The organization established or designated under paragraph (1) shall produce an annual master

plan for coordination of operationally responsive space payload

technology and shall coordinate resources provided to stimulate

technical development of small satellite payloads. The annual

master plan shall describe focus areas for development of operationally responsive space payload technology, including—

(A) miniaturization technology for satellite payloads;

(B) increased sensor acuity;

(C) concept of operations exploration;

(D) increased processor capability; and

(E) such additional matters as the head of that

organization determines appropriate.

(3) REQUESTS FOR PROPOSALS.—The Secretary of Defense,

acting through the Director of the Office of Force Transformation, shall award contracts, from amounts available for

that purpose for any fiscal year, for technology projects that

support the focus areas set out in the master plan for development of operationally responsive space payload technology.

(4) ASSESSMENT FACTORS.—In assessing any proposal submitted for a contract under paragraph (3), the Secretary shall

consider—

(A) how the proposal correlates to the goals articulated

in the master plan under paragraph (2) and to the National

Security Space Architecture; and

(B) the probability, for the project for which the proposal is submitted, of eventual transition either to a laboratory of one of the military departments for continued

development or to a joint program office for operational

deployment.

(b) REPORT ON JOINT PROGRAM OFFICE FOR TACSAT.—Not

later than February 28, 2006, the Secretary of Defense shall submit

to the congressional defense committees a report providing a plan

for the creation of a joint program office for the Tactical Satellite

program and for transition of that program out of the Office of

Force Transformation and to the administration of the joint program

office. The report shall be prepared in conjunction with the Department of Defense executive agent for space.

(c) JOINT REPORT ON CERTAIN SPACE AND MISSILE DEFENSE

ACTIVITIES.—Not later than February 28, 2006, the Department

of Defense executive agent for space and the Director of the Missile

Defense Agency shall submit to the Committee on Armed Services

of the Senate and the Committee on Armed Services of the House

of Representatives a joint report on the value of each of the following:

(1) Increased use of the Rocket Systems Launch Program

for the respective missions of the Department of the Air Force

and the Missile Defense Agency.

(2) An agreement between the Director of the Missile

Defense Agency and the Secretary of the Air Force for eventual

Contracts.

Establishment.

10 USC 2273a

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3409

transition of operational control of small satellite demonstrations from the Missile Defense Agency to the Department of

the Air Force.

(3) A partnership between the Missile Defense Agency and

the Department of the Air Force in the development of common

high-altitude and near-space assets for the respective missions

of the Missile Defense Agency and the Department of the

Air Force.

SEC. 914. REPORT ON USE OF SPACE RADAR FOR TOPOGRAPHICAL

MAPPING FOR SCIENTIFIC AND CIVIL PURPOSES.

(a) REPORT REQUIRED.—Not later than October 1, 2006, the

Secretary of Defense shall submit to the congressional defense

committees a report on the feasibility and advisability of using

systems developed within the Space Radar program of the Department of Defense for purposes of providing coastal zone and other

topographical mapping information, and related information, to the

scientific community and other elements of the private sector for

scientific and civil purposes.

(b) REPORT ELEMENTS.—The report required by subsection (a)

shall include the following:

(1) A description and evaluation of any use of Space Radar

systems for scientific or civil purposes that is identified by

the Secretary for purposes of the report.

(2) A description and evaluation of any addition or modification to Space Radar systems that is identified by the Secretary

for purposes of the report that would increase the utility of

those systems to the scientific community or other elements

of the private sector for scientific or civil purposes, including

the use of additional frequencies, the development or enhancement of ground systems, and the enhancement of operations.

(3) A description and evaluation of the effects, if any,

on the primary missions of the Space Radar, and on the development of the Space Radar, of the use of systems developed

within the Space Radar program for scientific or civil purposes.

(4) A description of the costs of any addition or modification

identified pursuant to paragraph (2).

(5) A description of the process for developing and validating requirements for the Space Radar, including the involvement of the Civil Applications Committee or other organizations

outside the Department of Defense.

(6) A description and evaluation of the processes that would

be used to modify Space Radar systems in order to meet the

needs of the scientific community, or other elements of the

private sector with respect to the use of those systems for

scientific or civil purposes, and for meeting the costs of such

modifications.

SEC. 915. SENSE OF CONGRESS REGARDING NATIONAL SECURITY

ASPECT OF UNITED STATES PREEMINENCE IN HUMAN

SPACEFLIGHT.

(a) FINDINGS.—The Congress finds that the following:

(1) Preeminence by the United States in human spaceflight

allows the United States to project leadership around the world

and forms an important component of United States national

security.

119 STAT. 3410 PUBLIC LAW 109–163—JAN. 6, 2006

(2) Continued development of human spaceflight in lowEarth orbit, on the Moon, and beyond adds to the overall

national strategic posture.

(3) Human spaceflight enables continued stewardship of

the region between the Earth and the Moon—an area that

is critical and of growing national and international security

relevance.

(4) Human spaceflight provides unprecedented opportunities for the United States to lead peaceful and productive

international relationships with the world community in support of United States security and geo-political objectives.

(5) An increasing number of nations are pursuing human

spaceflight and space-related capabilities, including China and

India.

(6) Past investments in human spaceflight capabilities represent a national resource that can be built upon and leveraged

for a broad range of purposes, including national and economic

security.

(7) The industrial base and capabilities represented by

the Space Transportation System (popularly referred to as the

‘‘space shuttle’’) provide a critical launch capability for the

Nation.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

it is in the national security interest of the United States to maintain preeminence in human spaceflight.

Subtitle C—Chemical Demilitarization

Program

SEC. 921. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY

UNDER CHEMICAL DEMILITARIZATION PROGRAM.

(a) AGREEMENTS WITH FEDERALLY RECOGNIZED INDIAN TRIBAL

ORGANIZATIONS.—Section 1412(c)(4) of the Department of Defense

Authorization Act, 1986 (50 U.S.C. 1521(c)(4)), is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(4)’’;

(2) in the first sentence—

(A) by inserting ‘‘and to tribal organizations’’ after

‘‘to State and local governments’’; and

(B) by inserting ‘‘and tribal organizations’’ after ‘‘assist

those governments’’;

(3) by designating the text beginning ‘‘Additionally, the

Secretary ’’ as subparagraph (B);

(4) in the first sentence of subparagraph (B), as designated

by paragraph (3), by inserting ‘‘, and with tribal organizations,’’

after ‘‘with State and local governments’’; and

(5) by adding at the end the following:

‘‘(C) In this paragraph, the term ‘tribal organization’ has the

meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).’’.

(b) EFFECTIVE DATE.—The amendments made by subsection

(a)—

(1) take effect as of December 5, 1991; and

(2) apply with respect to any cooperative agreement entered

into on or after that date.

50 USC 1521

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3411

SEC. 922. CHEMICAL DEMILITARIZATION FACILITIES.

(a) AUTHORITY TO USE RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION FUNDS TO CONSTRUCT FACILITIES.—The Secretary of

Defense may, using amounts authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defensewide and available for chemical weapons demilitarization activities

under the Assembled Chemical Weapons Alternatives program,

carry out construction projects, or portions of construction projects,

for facilities necessary to support chemical demilitarization operations at each of the following:

(1) Pueblo Army Depot, Colorado.

(2) Blue Grass Army Depot, Kentucky.

(b) SCOPE OF AUTHORITY.—The authority in subsection (a) to

carry out a construction project for facilities includes authority

to carry out planning and design and the acquisition of land for

the construction or improvement of such facilities.

(c) LIMITATION ON AMOUNT OF FUNDS.—The amount of funds

that may be utilized under the authority in subsection (a) may

not exceed $51,000,000.

(d) DURATION OF AUTHORITY.—A construction project, or portion

of a construction project, may not be commenced under the authority

in subsection (a) after September 30, 2006.

(e) NOTICE AND WAIT.—The Secretary may not carry out a

construction project, or portion of a construction project, under

the authority in subsection (a) until the end of the 21-day period

beginning on the date on which the Secretary submits to the

congressional defense committees notice of the Secretary’s intent

to carry out such project and confirms his intent to seek funding

for these projects beginning in fiscal year 2007 through the military

construction appropriations accounts.

Subtitle D—Intelligence-Related Matters

SEC. 931. DEPARTMENT OF DEFENSE STRATEGY FOR OPEN-SOURCE

INTELLIGENCE.

(a) FINDINGS.—Congress makes the following findings:

(1) Open-source intelligence (OSINT) is intelligence that

is produced from publicly available information and is collected,

exploited, and disseminated in a timely manner to an appropriate audience for the purpose of addressing a specific intelligence requirement.

(2) With the Information Revolution, the amount, significance, and accessibility of open-source information has

expanded significantly, but the intelligence community has not

expanded its exploitation efforts and systems to produce opensource intelligence.

(3) The production of open-source intelligence is a valuable

intelligence discipline that must be integrated into intelligence

tasking, collection, processing, exploitation, and dissemination

to ensure that United States policymakers are fully and completely informed.

(4) The dissemination and use of validated open-source

intelligence inherently enables information sharing since opensource intelligence is produced without the use of sensitive

sources and methods. Open-source intelligence products can

50 USC 403–5

note.

Kentucky.

Colorado.

119 STAT. 3412 PUBLIC LAW 109–163—JAN. 6, 2006

be shared with the American public and foreign allies because

of the unclassified nature of open-source intelligence.

(5) The National Commission on Terrorist Attacks Upon

the United States (popularly referred to as the ‘‘9/11 Commission’’), in its final report released on July 22, 2004, identified

shortfalls in the ability of the United States to use all-source

intelligence, a large component of which is open-source intelligence.

(6) In the Intelligence Reform and Terrorism Prevention

Act of 2004 (Public Law 108–458), Congress calls for coordination of the collection, analysis, production, and dissemination

of open-source intelligence.

(7) The Commission on the Intelligence Capabilities of the

United States Regarding Weapons of Mass Destruction, in its

report to the President released on March 31, 2005, found

that ‘‘the need for exploiting open-source material is greater

now than ever before,’’ but that ‘‘the Intelligence Community’s

open source programs have not expanded commensurate with

either the increase in available information or with the growing

importance of open source data to today’s problems’’.

(b) DEPARTMENT OF DEFENSE STRATEGY FOR OPEN-SOURCE

INTELLIGENCE.—

(1) DEVELOPMENT OF STRATEGY.—The Secretary of Defense

shall develop a strategy for the purpose of integrating opensource intelligence into the Defense intelligence process. The

strategy shall be known as the ‘‘Defense Strategy for OpenSource Intelligence’’. The strategy shall be incorporated within

the larger Defense intelligence strategy.

(2) SUBMISSION.—The Secretary shall submit to Congress

a report setting forth the strategy developed under paragraph

(1). The report shall be submitted not later than 180 days

after the date of the enactment of this Act.

(c) MATTERS TO BE INCLUDED.—The strategy under subsection

(b) shall include the following:

(1) A plan for providing funds over the period of the futureyears defense program for the development of a robust opensource intelligence capability for the Department of Defense,

with particular emphasis on exploitation and dissemination.

(2) A description of how management of the collection of

open-source intelligence is currently conducted within the

Department of Defense and how that management can be

improved.

(3) A description of the tools, systems, centers, organizational entities, and procedures to be used within the Department of Defense to perform open-source intelligence tasking,

collection, processing, exploitation, and dissemination.

(4) A description of proven tradecraft for effective exploitation of open-source intelligence, to include consideration of

operational security.

(5) A detailed description on how open-source intelligence

will be fused with all other intelligence sources across the

Department of Defense.

(6) A description of—

(A) a training plan for Department of Defense intelligence personnel with respect to open-source intelligence;

and

Reports.

Deadline.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3413

(B) open-source intelligence guidance for Department

of Defense intelligence personnel.

(7) A plan to incorporate the function of oversight of opensource intelligence—

(A) into the Office of the Undersecretary of Defense

for Intelligence; and

(B) into service intelligence organizations.

(8) A plan to incorporate and identify an open-source intelligence specialty into personnel systems of the Department

of Defense, including military personnel systems.

(9) A plan for the use of intelligence personnel of the

reserve components to augment and support the open-source

intelligence mission.

(10) A plan for the use of the Open-Source Information

System for the purpose of exploitation and dissemination of

open-source intelligence.

SEC. 932. COMPREHENSIVE INVENTORY OF DEPARTMENT OF DEFENSE

INTELLIGENCE AND INTELLIGENCE-RELATED PROGRAMS AND PROJECTS.

(a) REPORT.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of Defense shall submit to

the congressional committees specified in subsection (b) a report

providing a comprehensive inventory of Department of Defense

intelligence and intelligence-related programs and projects. The

Secretary shall prepare the inventory in consultation with the

Director of National Intelligence, as appropriate.

(b) COMMITTEES.—The congressional committees referred to in

subsection (a) are the following:

(1) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.

(2) The Committee on Armed Services and the Permanent

Select Committee on Intelligence of the House of Representatives.

SEC. 933. OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE

AGENCY.

(a) PROTECTION OF OPERATIONAL FILES OF DEFENSE INTELLIGENCE AGENCY.—

(1) PROTECTION OF FILES.—Title VII of the National Security Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding

at the end the following new section:

‘‘OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGENCY

‘‘SEC. 705. (a) EXEMPTION OF OPERATIONAL FILES.—The Director

of the Defense Intelligence Agency, in coordination with the Director

of National Intelligence, may exempt operational files of the Defense

Intelligence Agency from the provisions of section 552 of title 5,

United States Code, which require publication, disclosure, search,

or review in connection therewith.

‘‘(b) OPERATIONAL FILES DEFINED.—(1) In this section, the term

‘operational files’ means—

‘‘(A) files of the Directorate of Human Intelligence of the

Defense Intelligence Agency (and any successor organization

50 USC 432c.

Classified

information.

119 STAT. 3414 PUBLIC LAW 109–163—JAN. 6, 2006

of that directorate) that document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign

governments or their intelligence or security services; and

‘‘(B) files of the Directorate of Technology of the Defense

Intelligence Agency (and any successor organization of that

directorate) that document the means by which foreign intelligence or counterintelligence is collected through technical systems.

‘‘(2) Files that are the sole repository of disseminated intelligence are not operational files.

‘‘(c) SEARCH AND REVIEW FOR INFORMATION.—Notwithstanding

subsection (a), exempted operational files shall continue to be subject to search and review for information concerning:

‘‘(1) United States citizens or aliens lawfully admitted for

permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of

title 5, United States Code.

‘‘(2) Any special activity the existence of which is not

exempt from disclosure under the provisions of section 552

of title 5, United States Code.

‘‘(3) The specific subject matter of an investigation by any

of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity:

‘‘(A) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of

Representatives.

‘‘(B) The Committee on Armed Services and the Select

Committee on Intelligence of the Senate.

‘‘(C) The Intelligence Oversight Board.

‘‘(D) The Department of Justice.

‘‘(E) The Office of General Counsel of the Department

of Defense or of the Defense Intelligence Agency.

‘‘(F) The Office of Inspector General of the Department

of Defense or of the Defense Intelligence Agency.

‘‘(G) The Office of the Director of the Defense Intelligence Agency.

‘‘(d) INFORMATION DERIVED OR DISSEMINATED FROM EXEMPTED

OPERATIONAL FILES.—(1) Files that are not exempted under subsection (a) that contain information derived or disseminated from

exempted operational files shall be subject to search and review.

‘‘(2) The inclusion of information from exempted operational

files in files that are not exempted under subsection (a) shall

not affect the exemption under subsection (a) of the originating

operational files from search, review, publication, or disclosure.

‘‘(3) The declassification of some of the information contained

in an exempted operational file shall not affect the status of the

operational file as being exempt from search, review, publication,

or disclosure.

‘‘(4) Records from exempted operational files that have been

disseminated to and referenced in files that are not exempted

under subsection (a) and that have been returned to exempted

operational files for sole retention shall be subject to search and

review.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3415

‘‘(e) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS;

JUDICIAL REVIEW.—(1) Except as provided in paragraph (2), whenever any person who has requested agency records under section

552 of title 5, United States Code, alleges that the Defense Intelligence Agency has withheld records improperly because of failure

to comply with any provision of this section, judicial review shall

be available under the terms set forth in section 552(a)(4)(B) of

title 5, United States Code.

‘‘(2) Judicial review shall not be available in the manner provided under paragraph (1) as follows:

‘‘(A) In any case in which information specifically authorized under criteria established by an Executive order to be

kept secret in the interest of national defense or foreign relations which is filed with, or produced for, the court by the

Defense Intelligence Agency, such information shall be examined ex parte, in camera by the court.

‘‘(B) The court shall determine, to the fullest extent practicable, issues of fact based on sworn written submissions of

the parties.

‘‘(C) When a complainant alleges that requested records

were improperly withheld because of improper placement solely

in exempted operational files, the complainant shall support

such allegation with a sworn written submission based upon

personal knowledge or otherwise admissible evidence.

‘‘(D)(i) When a complainant alleges that requested records

were improperly withheld because of improper exemption of

operational files, the Defense Intelligence Agency shall meet

its burden under section 552(a)(4)(B) of title 5, United States

Code, by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsible

records currently perform the functions set forth in subsection

(b).

‘‘(ii) The court may not order the Defense Intelligence

Agency to review the content of any exempted operational file

or files in order to make the demonstration required under

clause (i), unless the complainant disputes the Defense Intelligence Agency’s showing with a sworn written submission

based on personal knowledge or otherwise admissible evidence.

‘‘(E) In proceedings under subparagraphs (C) and (D), the

parties shall not obtain discovery pursuant to rules 26 through

36 of the Federal Rules of Civil Procedure, except that requests

for admission may be made pursuant to rules 26 and 36.

‘‘(F) If the court finds under this subsection that the

Defense Intelligence Agency has improperly withheld requested

records because of failure to comply with any provision of

this subsection, the court shall order the Defense Intelligence

Agency to search and review the appropriate exempted operational file or files for the requested records and make such

records, or portions thereof, available in accordance with the

provisions of section 552 of title 5, United States Code, and

such order shall be the exclusive remedy for failure to comply

with this section (other than subsection (f)).

‘‘(G) If at any time following the filing of a complaint

pursuant to this paragraph the Defense Intelligence Agency

agrees to search the appropriate exempted operational file or

files for the requested records, the court shall dismiss the

claim based upon such complaint.

119 STAT. 3416 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(H) Any information filed with, or produced for the court

pursuant to subparagraphs (A) and (D) shall be coordinated

with the Director of National Intelligence before submission

to the court.

‘‘(f) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—

(1) Not less than once every 10 years, the Director of the Defense

Intelligence Agency and the Director of National Intelligence shall

review the exemptions in force under subsection (a) to determine

whether such exemptions may be removed from a category of

exempted files or any portion thereof. The Director of National

Intelligence must approve any determinations to remove such

exemptions.

‘‘(2) The review required by paragraph (1) shall include consideration of the historical value or other public interest in the subject

matter of the particular category of files or portions thereof and

the potential for declassifying a significant part of the information

contained therein.

‘‘(3) A complainant that alleges that the Defense Intelligence

Agency has improperly withheld records because of failure to comply

with this subsection may seek judicial review in the district court

of the United States of the district in which any of the parties

reside, or in the District of Columbia. In such a proceeding, the

court’s review shall be limited to determining the following:

‘‘(A) Whether the Defense Intelligence Agency has conducted the review required by paragraph (1) before the expiration of the 10-year period beginning on the date of the enactment of this section or before the expiration of the 10-year

period beginning on the date of the most recent review.

‘‘(B) Whether the Defense Intelligence Agency, in fact,

considered the criteria set forth in paragraph (2) in conducting

the required review.

‘‘(g) TERMINATION.—This section shall cease to be effective on

December 31, 2007.’’.

(2) CLERICAL AMENDMENT.—The table of contents in the

first section of the National Security Act of 1947 is amended

by inserting after the item relating to section 704 the following

new item:

‘‘Sec. 705. Operational files of the Defense Intelligence Agency.’’.

(b) SEARCH AND REVIEW OF CERTAIN OTHER OPERATIONAL

FILES.—The National Security Act of 1947 is further amended—

(1) in section 702(a)(3)(C) (50 U.S.C. 432(a)(3)(C)), by

adding at the end the following new clause:

‘‘(vi) The Office of the Inspector General of the National

Geospatial-Intelligence Agency.’’;

(2) in section 703(a)(3)(C) (50 U.S.C. 432a(a)(3)(C)), by

adding at the end the following new clause:

‘‘(vii) The Office of the Inspector General of the NRO.’’;

and

(3) in section 704(c)(3) (50 U.S.C. 432b(c)(3)), by adding

at the end the following new subparagraph:

‘‘(H) The Office of the Inspector General of the National

Security Agency.’’.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3417

TITLE X—GENERAL PROVISIONS

SUBTITLE A—FINANCIAL MATTERS

Sec. 1001. Transfer authority.

Sec. 1002. Authorization of emergency supplemental appropriations for fiscal years

2005 and 2006.

Sec. 1003. Increase in fiscal year 2005 general transfer authority.

Sec. 1004. Reports on feasibility and desirability of capital budgeting for major defense acquisition programs.

Sec. 1005. United States contribution to NATO common-funded budgets in fiscal

year 2006.

SUBTITLE B—NAVAL VESSELS AND SHIPYARDS

Sec. 1011. Conveyance, Navy drydock, Seattle, Washington.

Sec. 1012. Conveyance, Navy drydock, Jacksonville, Florida.

Sec. 1013. Conveyance, Navy drydock, Port Arthur, Texas.

Sec. 1014. Transfer of battleships U.S.S. WISCONSIN and U.S.S. IOWA.

Sec. 1015. Transfer of ex-U.S.S. Forrest Sherman.

Sec. 1016. Report on leasing of vessels to meet national defense sealift requirements.

Sec. 1017. Establishment of the USS Oklahoma Memorial and other memorials at

Pearl Harbor.

Sec. 1018. Authority to use National Defense Sealift Fund to purchase certain maritime prepositioning ships currently under charter to the Navy.

SUBTITLE C—COUNTER-DRUG ACTIVITIES

Sec. 1021. Resumption of reporting requirement regarding Department of Defense

expenditures to support foreign counter-drug activities.

Sec. 1022. Clarification of authority for joint task forces to support law enforcement

agencies conducting counter-terrorism activities.

Sec. 1023. Sense of Congress regarding drug trafficking deterrence.

SUBTITLE D—MATTERS RELATED TO HOMELAND SECURITY

Sec. 1031. Responsibilities of Assistant Secretary of Defense for Homeland Defense

relating to nuclear, chemical, and biological emergency response.

Sec. 1032. Testing of preparedness for emergencies involving nuclear, radiological,

chemical, biological, and high-yield explosives weapons.

Sec. 1033. Department of Defense chemical, biological, radiological, nuclear, and

high-yield explosives response teams.

Sec. 1034. Repeal of Department of Defense emergency response assistance program.

Sec. 1035. Report on use of Department of Defense aerial reconnaissance assets to

support Homeland Security border security missions.

SUBTITLE E—REPORTS AND STUDIES

Sec. 1041. Review of Defense Base Act insurance.

Sec. 1042. Report on Department of Defense response to findings and recommendations of Defense Science Board Task Force on High Performance

Microchip Supply.

SUBTITLE F—OTHER MATTERS

Sec. 1051. Commission on the Implementation of the New Strategic Posture of the

United States.

Sec. 1052. Reestablishment of EMP Commission.

Sec. 1053. Modernization of authority relating to security of defense property and

facilities.

Sec. 1054. Revision of Department of Defense counterintelligence polygraph program.

Sec. 1055. Preservation of records pertaining to radioactive fallout from nuclear

weapons testing.

Sec. 1056. Technical and clerical amendments.

Sec. 1057. Deletion of obsolete definitions in titles 10 and 32, United States Code.

Sec. 1058. Support for youth organizations.

Sec. 1059. Special immigrant status for persons serving as translators with United

States Armed Forces.

Sec. 1060. Expansion of emergency services under reciprocal agreements.

Sec. 1061. Renewal of moratorium on return of veterans memorial objects to foreign

nations without specific authorization in law.

119 STAT. 3418 PUBLIC LAW 109–163—JAN. 6, 2006

Sec. 1062. Sense of Congress on national security interest of maintaining aeronautics research and development.

Sec. 1063. Airport certification.

SUBTITLE G—MILITARY MAIL MATTERS

Sec. 1071. Safe delivery of mail in military mail system.

Subtitle A—Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

(1) AUTHORITY.—Upon determination 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 2006 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) LIMITATION.—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. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEARS 2005 AND 2006.

(a) EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR

DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF,

2005.—Amounts authorized to be appropriated to the Department

of Defense and the Department of Energy for fiscal year 2005

in the Ronald W. Reagan National Defense Authorization Act for

Fiscal Year 2005 (Public Law 108–375) are hereby adjusted, with

respect to any such authorized amount, by the amount by which

appropriations pursuant to such authorization are increased by

a supplemental appropriation or decreased by a rescission, or both,

or are increased by a transfer of funds, pursuant to title I and

chapter 2 of title IV of division A of the Emergency Supplemental

Appropriations Act for Defense, the Global War on Terror, and

Tsunami Relief, 2005 (Public Law 109–13).

(b) FIRST EMERGENCY SUPPLEMENTAL TO MEET NEEDS ARISING

FROM HURRICANE KATRINA.—Amounts authorized to be appropriated to the Department of Defense for fiscal year 2005 in the

Ronald W. Reagan National Defense Authorization Act for Fiscal

Year 2005 (Public Law 108–375) are hereby adjusted, with respect

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3419

to any such authorized amount, by the amount by which appropriations pursuant to such authorized amount are increased by a supplemental appropriation, or by a transfer of funds, pursuant to the

Emergency Supplemental Appropriations Act to Meet Immediate

Needs Arising From the Consequences of Hurricane Katrina, 2005

(Public Law 109–61).

(c) SECOND EMERGENCY SUPPLEMENTAL TO MEET NEEDS

ARISING FROM HURRICANE KATRINA.—Amounts authorized to be

appropriated to the Department of Defense for fiscal year 2005

in the Ronald W. Reagan National Defense Authorization Act for

Fiscal Year 2005 are hereby adjusted, with respect to any such

authorized amount, by the amount by which appropriations pursuant to such authorized amount are increased by a supplemental

appropriation, or by a transfer of funds, pursuant to the Second

Emergency Supplemental Appropriations Act to Meet Immediate

Needs Arising From the Consequences of Hurricane Katrina, 2005

(Public Law 109–62).

(d) SUPPLEMENTAL APPROPRIATIONS FOR AVIAN FLU PREPAREDNESS.—Amounts authorized to be appropriated to the Department

of Defense for fiscal year 2006 in this Act are hereby adjusted,

with respect to any such authorized amount, by the amount by

which appropriations pursuant to such authorized amount are

increased by a supplemental appropriation, or by a transfer of

funds, arising from the proposal of the President relating to avian

flu preparedness that was submitted to Congress on November

1, 2006.

(e) AMOUNTS REALLOCATED FOR HURRICANE-RELATED DISASTER

RELIEF.—Amounts authorized to be appropriated to the Department

of Defense for fiscal year 2006 in this Act are hereby adjusted,

with respect to any such authorized amount, by the amount by

which appropriations pursuant to such authorized amount are

increased by a reallocation of funds from the Disaster Relief Fund

of the Federal Emergency Management Agency arising from the

proposal of the Director of the Office of Management and Budget

on the reallocation of amounts for hurricane-related disaster relief

that was submitted to the President on October 28, 2005, and

transmitted to the Speaker of the House of Representatives on

that date.

(f) AMOUNTS FOR HUMANITARIAN ASSISTANCE FOR EARTHQUAKE

VICTIMS IN PAKISTAN.—There is authorized to be appropriated as

emergency supplemental appropriations for the Department of

Defense for fiscal year 2006, $40,000,000 for the use of the Department of Defense for overseas, humanitarian, disaster, and civic

aid for the purpose of providing humanitarian assistance to the

victims of the earthquake that devastated northern Pakistan on

October 8, 2005.

(g) REPORTS ON USE OF CERTAIN FUNDS.—

(1) REPORT ON USE OF EMERGENCY SUPPLEMENTAL FUNDS.—

Not later than six months after the date of the enactment

of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the obligation and

expenditure, as of that date, of any funds appropriated to

the Department of Defense for fiscal year 2005 pursuant to

the Acts referred to in subsections (a), (b), and (c) as authorized

by such subsections. The report shall set forth—

(A) the amounts so obligated and expended; and

119 STAT. 3420 PUBLIC LAW 109–163—JAN. 6, 2006

(B) the purposes for which such amounts were so obligated and expended.

(2) REPORT ON EXPENDITURE OF REIMBURSABLE FUNDS.—

The Secretary shall include in the report required by paragraph

(1) a statement of any expenditure by the Department of

Defense of funds that were reimbursable by the Federal Emergency Management Agency, or any other department or agency

of the Federal Government, from funds appropriated in an

Act referred to in subsection (a), (b), or (c) to such department

or agency.

(3) REPORT ON USE OF CERTAIN OTHER FUNDS.—Not later

than May 15, 2006, and quarterly thereafter through November

15, 2006, the Secretary shall submit to the congressional

defense committees a report on the obligation and expenditure,

during the previous fiscal year quarter, of any funds appropriated to the Department of Defense as specified in subsection

(d) and any funds reallocated to the Department as specified

in subsection (e). Each report shall, for the fiscal year quarter

covered by such report, set forth—

(A) the amounts so obligated and expended; and

(B) the purposes for which such amounts were so obligated and expended.

(h) REPORT ON ASSISTANCE FOR EARTHQUAKE VICTIMS IN PAKISTAN.—Not later than 30 days after the date of the enactment

of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing Department of

Defense efforts to provide relief to victims of the earthquake that

devastated northern Pakistan on October 8, 2005, and assessing

the need for further reconstruction and relief assistance.

SEC. 1003. INCREASE IN FISCAL YEAR 2005 GENERAL TRANSFER

AUTHORITY.

Section 1001(a)(2) of the Ronald W. Reagan National Defense

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118

Stat. 2034) is amended by striking ‘‘$3,500,000,000’’ and inserting

‘‘$6,185,000,000’’.

SEC. 1004. REPORTS ON FEASIBILITY AND DESIRABILITY OF CAPITAL

BUDGETING FOR MAJOR DEFENSE ACQUISITION PROGRAMS.

(a) CAPITAL BUDGETING DEFINED.—For the purposes of this

section, the term ‘‘capital budgeting’’ means a budget process that—

(1) identifies large capital outlays that are expected to

be made in future years, together with identification of the

proposed means to finance those outlays and the expected benefits of those outlays;

(2) separately identifies revenues and outlays for capital

assets from revenues and outlays for an operating budget;

(3) allows for the issue of long-term debt to finance capital

investments; and

(4) provides the budget authority for acquiring a capital

asset over several fiscal years (rather than in a single fiscal

year at the beginning of such acquisition).

(b) REPORTS REQUIRED.—Not later than July 1, 2006, the Secretary of Defense and the Secretary of each military department

shall each submit to Congress a report analyzing the feasibility

and desirability of using a capital budgeting system for the

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3421

financing of major defense acquisition programs. Each such report

shall address the following matters:

(1) The potential long-term effect on the defense industrial

base of the United States of continuing with the current full

up-front funding system for major defense acquisition programs.

(2) Whether use of a capital budgeting system could create

a more effective decisionmaking process for long-term investments in major defense acquisition programs.

(3) The manner in which a capital budgeting system for

major defense acquisition programs would affect the budget

planning and formulation process of the military departments.

(4) The types of financial mechanisms that would be needed

to provide funds for such a capital budgeting system.

SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED

BUDGETS IN FISCAL YEAR 2006.

(a) FISCAL YEAR 2006 LIMITATION.—The total amount contributed by the Secretary of Defense in fiscal year 2006 for the commonfunded 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 2005, of funds appropriated for fiscal years before

fiscal year 2006 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 appropriated 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), $763,000

for the Civil Budget.

(2) Of the amount provided in section 301(1), $289,447,000

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

defined in section 4(7) of that resolution), approved by the

Senate on April 30, 1998.

119 STAT. 3422 PUBLIC LAW 109–163—JAN. 6, 2006

Subtitle B—Naval Vessels and Shipyards

SEC. 1011. CONVEYANCE, NAVY DRYDOCK, SEATTLE, WASHINGTON.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy is

authorized to convey the yard floating drydock YFD–70, located

in Seattle, Washington, to Todd Pacific Shipyards Corporation, that

company being the current user of the drydock.

(b) CONDITION OF CONVEYANCE.—The Secretary shall require

as a condition of the conveyance under subsection (a) that the

drydock remain at the facilities of Todd Pacific Shipyards Corporation until at least September 30, 2010.

(c) CONSIDERATION.—As consideration for the conveyance of

the drydock under subsection (a), the purchaser shall provide compensation to the United States the value of which, as determined

by the Secretary, is equal to the fair market value of the drydock,

as determined by the Secretary.

(d) TRANSFER AT NO COST TO UNITED STATES.—The provisions

of section 7306(c) of title 10, United States Code, shall apply to

the conveyance under this section.

(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. 1012. CONVEYANCE, NAVY DRYDOCK, JACKSONVILLE, FLORIDA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy is

authorized to convey the medium auxiliary floating drydock SUSTAIN (AFDM–7), located in Duval County, Florida, to Atlantic

Marine Property Holding Company, that company being the current

user of the drydock.

(b) CONDITION OF CONVEYANCE.—The Secretary shall require

as a condition of the conveyance under subsection (a) that the

drydock remain at the facilities of Atlantic Marine Property Holding

Company until at least September 30, 2010.

(c) CONSIDERATION.—As consideration for the conveyance of

the drydock under subsection (a), the purchaser shall provide compensation to the United States the value of which, as determined

by the Secretary, is equal to the fair market value of the drydock,

as determined by the Secretary.

(d) TRANSFER AT NO COST TO UNITED STATES.—The provisions

of section 7306(c) of title 10, United States Code, shall apply to

the conveyance under this section.

(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. 1013. CONVEYANCE, NAVY DRYDOCK, PORT ARTHUR, TEXAS.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy is

authorized to convey to the port authority of the city of Port Arthur,

Texas, the inactive medium auxiliary floating drydock designated

as AFDM–2, currently administered through the National Defense

Reserve Fleet.

(b) CONDITION OF CONVEYANCE.—The Secretary shall require

as a condition of the conveyance under subsection (a) that the

drydock remain at the facilities of the port authority named in

subsection (a).

Applicability.

Applicability.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3423

(c) CONSIDERATION.—As consideration for the conveyance of

the drydock under subsection (a), the purchaser shall provide compensation to the United States the value of which, as determined

by the Secretary, is equal to the fair market value of the drydock,

as determined by the Secretary.

(d) TRANSFER AT NO COST TO UNITED STATES.—The provisions

of section 7306(c) of title 10, United States Code, shall apply to

the conveyance under this section.

(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. 1014. TRANSFER OF BATTLESHIPS U.S.S. WISCONSIN AND U.S.S.

IOWA.

(a) TRANSFER OF BATTLESHIP WISCONSIN.—The Secretary of

the Navy is authorized—

(1) to strike the battleship U.S.S. WISCONSIN (BB–64)

from the Naval Vessel Register; and

(2) to transfer that vessel, by gift or otherwise, in accordance with section 7306 of title 10, United States Code, except

that the Secretary shall require, as a condition of transfer,

that the transferee locate the vessel in the Commonwealth

of Virginia.

(b) TRANSFER OF BATTLESHIP IOWA.—The Secretary of the Navy

is authorized—

(1) to strike the battleship U.S.S. IOWA (BB–61) from

the Naval Vessel Register; and

(2) to transfer that vessel, by gift or otherwise, in accordance with section 7306 of title 10, United States Code, except

that the Secretary shall require, as a condition of transfer,

that the transferee locate the vessel in the State of California.

(c) INAPPLICABILITY OF NOTICE-AND-WAIT REQUIREMENT.—Section 7306(d) of title 10, United States Code, does not apply to

the transfer authorized by subsection (a) or the transfer authorized

by subsection (b).

(d) AUTHORITY FOR REVERSION IN EVENT OF NATIONAL EMER- GENCY.—The Secretary of the Navy shall require that the terms

of the transfer of a vessel under this section include a requirement

that, in the event the President declares a national emergency

pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.),

the transferee of the vessel shall, upon request of the Secretary

of Defense, return the vessel to the United States and that, in

such a case, unless the transferee is otherwise notified by the

Secretary, title to the vessel shall revert immediately to the United

States.

(e) REPEAL OF SUPERSEDED REQUIREMENTS AND AUTHORITIES.—

(1) Section 1011 of the National Defense Authorization

Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 421)

is repealed.

(2) Section 1011 of the Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999 (Public Law 105–261;

112 Stat. 2118) is repealed.

SEC. 1015. TRANSFER OF EX-U.S.S. FORREST SHERMAN.

(a) TRANSFER.—The Secretary of the Navy may transfer the

decommissioned destroyer ex-U.S.S. Forrest Sherman (DD–931) to

the USS Forrest Sherman DD–931 Foundation, Inc., a nonprofit

Maryland.

California.

Virginia.

Applicability.

119 STAT. 3424 PUBLIC LAW 109–163—JAN. 6, 2006

organization under the laws of the State of Maryland, subject

to the submission of a donation application for that vessel that

is satisfactory to the Secretary.

(b) APPLICABLE LAW.—The transfer under this section is subject

to subsections (b) and (c) of section 7306 of title 10, United States

Code. Subsection (d) of that section is hereby waived with respect

to such transfer.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the transfer under subsection (a) as the Secretary considers appropriate.

(d) EXPIRATION OF AUTHORITY.—The authority granted by subsection (a) shall expire at the end of the five-year period beginning

on the date of the enactment of this Act.

SEC. 1016. REPORT ON LEASING OF VESSELS TO MEET NATIONAL

DEFENSE SEALIFT REQUIREMENTS.

(a) REPORT REQUIREMENT.—The Secretary of Defense shall

submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate

by no later than March 1, 2006, a report on leasing (including

chartering) of vessels by the Department of Defense to meet national

defense sealift requirements, including leasing under sections 2401

and 2401a of title 10, United States Code.

(b) MATTERS TO BE INCLUDED.—The report under subsection

(a) shall include the following:

(1) A description of—

(A) the portion of national defense sealift requirements

that, during the 3-year period preceding the date of the

enactment of this Act, was met through leasing of vessels;

(B) the portion of such requirements that was met

during that period through use of vessels owned by the

United States; and

(C) for each of the portions described under subparagraph (A) and (B), a description of the number of each

type of vessel used to meet such requirements, including

roll-on/roll-off vessels, dry bulk carriers, oilers, and other

vessel types.

(2) With respect to vessels that were leased in the 3-

year period preceding the date of the enactment of this Act—

(A) a listing of such vessels;

(B) identification of the country in which each vessel

was constructed or reconstructed;

(C) identification of the country under the laws of

which each vessel is documented;

(D) with respect to periods during which each vessel

was operated under lease to the Department of Defense,

identification of the routes on which each vessel operated

and the ports at which each vessel called;

(E) the terms of the lease for each vessel that govern—

(i) amounts required to be paid by the United

States;

(ii) the length of the lease term;

(iii) maintenance, repair, and alteration, including

provisions regarding—

(I) alterations required under the lease; and

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3425

(II) qualified maintenance or repair of the

vessel in a foreign shipyard or foreign ship repair

facility; and

(iv) where alterations or qualified maintenance or

repair may be performed; and

(F) a description of qualified maintenance or repair

that was performed on each vessel in the 3-year period

preceding the date of the enactment of this Act, including—

(i) the amounts paid by the lessor for such work;

and

(ii) identification of whether such work was performed in the United States or in a foreign country.

(3) Estimation of any increase in total costs that would

have been incurred by the United States if qualified maintenance or repair that was performed on leased vessels in the

3-year period preceding the date of the enactment of this Act

were required to be performed in the United States.

(4) Other impacts to the economy of the United States

if qualified maintenance or repair that was performed on leased

vessels in the 3-year period preceding the date of the enactment

of this Act were required to be performed in the United States.

(c) QUALIFIED MAINTENANCE OR REPAIR DEFINED.—In this section the term ‘‘qualified maintenance or repair’’—

(1) except as provided in paragraph (2), means—

(A) any inspection of a vessel that is—

(i) required under chapter 33 of title 46, United

States Code; and

(ii) performed in a period in which the vessel is

under lease by the Department of Defense;

(B) any maintenance or repair of a vessel that is determined, in the course of an inspection referred to in subparagraph (A), to be necessary to comply with the laws of

the United States; and

(C) any routine maintenance or repair; and

(2) does not include any emergency work that is necessary

to enable a vessel to return to a port in the United States.

SEC. 1017. ESTABLISHMENT OF THE USS OKLAHOMA MEMORIAL AND

OTHER MEMORIALS AT PEARL HARBOR.

(a) ESTABLISHMENT OF THE USS OKLAHOMA MEMORIAL.—Not

later than 90 days after the date of the enactment of this Act,

the Secretary of the Navy, in consultation with the Secretary of

the Interior, shall identify an appropriate site on Ford Island,

Hawaii, for a memorial for the U.S.S. Oklahoma (BB–37). The

Secretary of the Interior shall establish the memorial at the identified site by authorizing the USS Oklahoma Memorial Foundation

to construct a memorial. The Secretary shall certify that—

(1) the USS Oklahoma Memorial Foundation has sufficient

funding to complete construction of the memorial; and

(2) the memorial meets the requirements of subsection

(c).

(b) ADMINISTRATION OF THE MEMORIAL.—Once established, the

Secretary of the Interior shall administer the USS Oklahoma Memorial as a part of the USS Arizona Memorial, a unit of the National

Park System, in accordance with the laws and regulations applicable

to land administered by the National Park Service and any agreement between the Secretary of the Interior and the Secretary of

Certification.

Deadline.

Hawaii.

16 USC 431 note.

119 STAT. 3426 PUBLIC LAW 109–163—JAN. 6, 2006

the Navy. The Secretary of the Navy shall retain administrative

jurisdiction over the land where the USS Oklahoma Memorial is

established.

(c) REQUIREMENTS FOR PEARL HARBOR MEMORIALS.—The site

selection, design, and construction of the USS Oklahoma Memorial

and any memorials established after the date of the enactment

of this Act that are associated with the attack at Pearl Harbor

on December 7, 1941, shall be consistent with the requirements

in the document titled ‘‘Pearl Harbor Naval Complex Design Guidelines and Evaluation Criteria for Memorials’’, dated April 2005.

(d) ESTABLISHMENT AND OPERATION OF TRANSPORTATION

SYSTEM.—The Secretary of the Interior may establish and operate

a transportation system over roads linking the USS Arizona Memorial Visitor Center with one or more of the existing and future

historic sites and historic visitor attractions within the Pearl Harbor

Naval Complex, including Ford Island. Transportation on this

system may be provided with or without charge, directly or through

a contract or concessioner, and without regard to whether service

is provided to sites or attractions that are under the jurisdiction

of or administered by the National Park Service.

SEC. 1018. AUTHORITY TO USE NATIONAL DEFENSE SEALIFT FUND

TO PURCHASE CERTAIN MARITIME PREPOSITIONING

SHIPS CURRENTLY UNDER CHARTER TO THE NAVY.

(a) FISCAL YEAR 2006 LIMITATION.—The authority provided by

subsection (c)(1) of section 2218 of title 10, United States Code,

may not be used for the purchase of more than six vessels described

in subsection (c) using funds appropriated to the National Defense

Sealift Fund for fiscal year 2006.

(b) AUTHORITY.—The Secretary of Defense may purchase any

vessel described in subsection (c) through the use of the authority

in subsection (c)(1) of section 2218 of title 10, United States Code,

without regard to the limitation in subsection (f)(1) of that section.

(c) COVERED VESSELS.—Subsections (a) and (b) apply with

respect to any vessel that as of the date of the enactment of

this Act—

(1) is chartered by the Department of Defense under a

25-year lease; and

(2) is used by the Navy as a maritime prepositioning ship.

(d) TECHNICAL AMENDMENTS TO UPDATE STATUTE.—Section

2218(f)(1) of title 10, United States Code, is amended—

(1) by striking ‘‘Not more than a total of five vessels built

in foreign ship yards may be’’ and inserting ‘‘A vessel built

in a foreign ship yard may not be’’; and

(2) by inserting before the period at the end the following:

‘‘, unless specifically authorized by law’’.

Subtitle C—Counter-Drug Activities

SEC. 1021. RESUMPTION OF REPORTING REQUIREMENT REGARDING

DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT

FOREIGN COUNTER-DRUG ACTIVITIES.

(a) ADDITIONAL REPORT REQUIRED.—Section 1022 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–

255), as amended by section 1022 of the National Defense

Applicability.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3427

Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115

Stat. 1215), is further amended by striking ‘‘January 1, 2001, and

April 15, 2002,’’ and inserting ‘‘April 15, 2006,’’.

(b) ADDITIONAL INFORMATION REQUIRED.—Such section is further amended—

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3) A description of each base of operation or training

facility established, constructed, or operated using the assistance, including any minor construction projects carried out

using such assistance, and the amount of assistance expended

on base of operations and training facilities.’’.

SEC. 1022. CLARIFICATION OF AUTHORITY FOR JOINT TASK FORCES

TO SUPPORT LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.

Section 1022 of the National Defense Authorization Act for

Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1594) is amended—

(1) by redesignating subsection (b) as subsection (d); and

(2) by inserting after subsection (a) the following new subsections:

‘‘(b) AVAILABILITY OF FUNDS.—During fiscal years 2006 and

2007, funds available to a joint task force to support counterdrug activities may also be used to provide the counter-terrorism

support authorized by subsection (a).

‘‘(c) REPORT REQUIRED.—Not later than December 31, 2006,

the Secretary of Defense shall submit to Congress a report evaluating the effect on counter-drug and counter-terrorism activities

and objectives of using counter-drug funds of a joint task force

to provide counter-terrorism support authorized by subsection (a).’’.

SEC. 1023. SENSE OF CONGRESS REGARDING DRUG TRAFFICKING

DETERRENCE.

(a) FINDINGS.—Congress finds the following:

(1) According to the Department of State, drug trafficking

organizations shipped approximately nine tons of cocaine to

the United States through the Dominican Republic in 2004,

and are increasingly using small, high-speed watercraft.

(2) Drug traffickers use the Caribbean corridor to smuggle

narcotics to the United States via Puerto Rico and the Dominican Republic. This route is ideal for drug trafficking because

of its geographic expanse, numerous law enforcement jurisdictions, and fragmented investigative efforts.

(3) The tethered aerostat system in Lajas, Puerto Rico,

contributes to deterring and detecting smugglers moving illicit

drugs into Puerto Rico. The aerostat’s range and operational

capabilities allow it to provide surveillance coverage of the

eastern Caribbean corridor and the strategic waterway between

Puerto Rico and the Dominican Republic, known as the Mona

Passage.

(4) Including maritime radar on the Lajas aerostat will

expand its ability to detect suspicious vessels in the eastern

Caribbean corridor.

(b) SENSE OF CONGRESS.—Given the findings contained in subsection (a), it is the sense of Congress that—

(1) Congress and the Department of Defense should fund

the Counter-Drug Tethered Aerostat program; and

10 USC 371 note.

119 STAT. 3428 PUBLIC LAW 109–163—JAN. 6, 2006

(2) the Department of Defense should install maritime

radar on the Lajas, Puerto Rico, aerostat.

Subtitle D—Matters Related to Homeland

Security

SEC. 1031. RESPONSIBILITIES OF ASSISTANT SECRETARY OF DEFENSE

FOR HOMELAND DEFENSE RELATING TO NUCLEAR,

CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE.

Subsection (a) of section 1413 of the Defense Against Weapons

of Mass Destruction Act of 1996 (50 U.S.C. 2313) is amended

to read as follows:

‘‘(a) DEPARTMENT OF DEFENSE.—The Assistant Secretary of

Defense for Homeland Defense is responsible for the coordination

of Department of Defense assistance to Federal, State, and local

officials in responding to threats involving nuclear, radiological,

biological, chemical weapons, or high-yield explosives or related

materials or technologies, including assistance in identifying,

neutralizing, dismantling, and disposing of nuclear, radiological,

biological, chemical weapons, and high-yield explosives and related

materials and technologies.’’.

SEC. 1032. TESTING OF PREPAREDNESS FOR EMERGENCIES

INVOLVING NUCLEAR, RADIOLOGICAL, CHEMICAL,

BIOLOGICAL, AND HIGH-YIELD EXPLOSIVES WEAPONS.

(a) SECRETARY OF HOMELAND SECURITY FUNCTIONS.—Subsection (a) of section 1415 of the Defense Against Weapons of

Mass Destruction Act of 1996 (50 U.S.C. 2315) is amended—

(1) in the subsection heading, by striking ‘‘CHEMICAL OR’’

and inserting ‘‘NUCLEAR, RADIOLOGICAL, CHEMICAL, OR’’;

(2) in paragraph (1)—

(A) by striking ‘‘Secretary of Defense’’ and inserting

‘‘Secretary of Homeland Security’’; and

(B) by striking ‘‘biological weapons and related materials and emergencies involving’’ and inserting ‘‘nuclear,

radiological, biological, and’’;

(3) in paragraph (2), by striking ‘‘during each of fiscal

years 1997 through 2013’’ and inserting ‘‘in accordance with

sections 102(c) and 430(c)(1) of the Homeland Security Act

of 2002 (6 U.S.C. 112(c), 238(c)(1))’’; and

(4) in paragraph (3)—

(A) by inserting ‘‘the Secretary of Defense,’’ before ‘‘the

Director of the Federal Bureau of Investigation’’; and

(B) by striking ‘‘the Director of the Federal Emergency

Management Agency,’’.

(b) REPEAL OF SECRETARY OF ENERGY FUNCTIONS.—Such section is further amended by striking subsection (b).

(c) CONFORMING AMENDMENTS.—Subsection (c) of such section—

(1) is redesignated as subsection (b); and

(2) is amended—

(A) in the first sentence, by striking ‘‘The official

responsible for carrying out a program developed under

subsection (a) or (b) shall revise the program’’ and inserting

‘‘The Secretary of Homeland Security shall revise the program developed under subsection (a)’’; and

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3429

(B) in the second sentence, by striking ‘‘the official’’

and inserting ‘‘the Secretary’’.

(d) REPEAL OF OBSOLETE PROVISIONS.—Such section is further

amended by striking subsections (d) and (e).

SEC. 1033. DEPARTMENT OF DEFENSE CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND HIGH-YIELD EXPLOSIVES

RESPONSE TEAMS.

Section 1414 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2314) is amended as follows:

(1) The heading of such section is amended to read as

follows:

‘‘SEC. 1414. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND

HIGH-YIELD EXPLOSIVES RESPONSE TEAM.’’.

(2) Subsection (a) of such section is amended by striking

‘‘or related materials’’ and inserting ‘‘radiological, nuclear, and

high-yield explosives’’.

(3) Subsection (b) of such section is amended—

(A) in the subsection heading, by striking ‘‘PLAN’’ and

inserting ‘‘PLANS’’;

(B) in the first sentence, by striking ‘‘Not later than’’

and all that follows through ‘‘response plans and’’ and

inserting ‘‘The Secretary of Homeland Security shall incorporate into the National Response Plan prepared pursuant

to section 502(6) of the Homeland Security Act of 2002

(6 U.S.C. 312(6)), other existing Federal emergency

response plans, and’’; and

(C) in the second sentence—

(i) by striking ‘‘Director’’ and inserting ‘‘Secretary

of Homeland Security’’; and

(ii) by striking ‘‘consultation’’ and inserting

‘‘coordination’’.

SEC. 1034. REPEAL OF DEPARTMENT OF DEFENSE EMERGENCY

RESPONSE ASSISTANCE PROGRAM.

Section 1412 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2312) is repealed.

SEC. 1035. REPORT ON USE OF DEPARTMENT OF DEFENSE AERIAL

RECONNAISSANCE ASSETS TO SUPPORT HOMELAND

SECURITY BORDER SECURITY MISSIONS.

(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 Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report

containing the results of a study regarding the use of aerial reconnaissance equipment of the Department of Defense in missions

in which the Armed Forces support the Department of Homeland

Security in performing its international border security mission.

The Secretary of Defense shall conduct the study and prepare

the report in coordination with the Secretary of Homeland Security.

(b) ELEMENTS OF REPORT.—The report required by subsection

(a) shall include the following:

(1) A description of the current use of aerial reconnaissance

equipment of the Department of Defense to conduct aerial

reconnaissance over the international land and maritime borders of the United States in missions in which the Armed

119 STAT. 3430 PUBLIC LAW 109–163—JAN. 6, 2006

Forces support the Department of Homeland Security in performing its international border security mission.

(2) A statement of the costs of such missions and the

source of funds for such missions.

(3) The conclusions derived from a study of how the Department of Defense leverages dual-use aerial reconnaissance assets

and technology, such as unmanned aerial vehicles and tethered

aerostat radars, for both homeland defense and homeland security purposes.

Subtitle E—Reports and Studies

SEC. 1041. REVIEW OF DEFENSE BASE ACT INSURANCE.

(a) REVIEW REQUIRED.—The Secretary of Defense shall review

current and future needs, options, and risks associated with Defense

Base Act insurance. The review shall be conducted in coordination

with the Director of the Office of Management and Budget and

appropriate officials of the Department of Labor, the Department

of State, and the United States Agency for International Development.

(b) MATTERS TO BE ADDRESSED.—The review under subsection

(a) shall address the following matters:

(1) Cost-effective options for acquiring Defense Base Act

insurance.

(2) Methods for coordinating data collection efforts among

agencies and contractors on numbers of employees, costs of

insurance, and other information relevant to decisions on

Defense Base Act insurance.

(3) Improved communication and coordination within and

among agencies on the implementation of Defense Base Act

insurance.

(4) Actions to be taken to address difficulties in the

administration of Defense Base Act insurance, including on

matters relating to cost, data, enforcement, and claims processing.

(c) REPORT REQUIRED.—Not later than one year after the date

of the enactment of this Act, the Secretary shall submit to the

congressional defense committees a report on the results of the

review under subsection (a). The report shall set forth the findings

of the Secretary as a result of the review and such recommendations, including recommendations for legislative or administrative

action, as the Secretary considers appropriate in light of the review.

(d) DEFENSE BASE ACT INSURANCE DEFINED.—In this section,

the term ‘‘Defense Base Act insurance’’ means workers’ compensation insurance provided to contractor employees pursuant to the

Defense Base Act (42 U.S.C. 1651 et seq.).

SEC. 1042. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO

FINDINGS AND RECOMMENDATIONS OF DEFENSE

SCIENCE BOARD TASK FORCE ON HIGH PERFORMANCE

MICROCHIP SUPPLY.

(a) REPORT REQUIRED.—Not later than July 1, 2006, the Secretary of Defense shall submit to the Committee on Armed Services

of the Senate and the Committee on Armed Services of the House

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3431

of Representatives a report on the implementation of the recommendations of the Defense Science Board Task Force on High

Performance Microchip Supply.

(b) CONTENTS.—The report required by subsection (a) shall

include the following:

(1) An analysis of each finding of the Task Force.

(2) A detailed description of the response of the Department

of Defense to each recommendation of the Task Force,

including—

(A) for each recommendation that is being implemented

or that the Secretary plans to implement—

(i) a summary of actions that have been taken

to implement the recommendation; and

(ii) a schedule, with specific milestones, for completing the implementation of the recommendation;

and

(B) for each recommendation that the Secretary does

not plan to implement—

(i) the reasons for the decision not to implement

the recommendation; and

(ii) a summary of alternative actions the Secretary

plans to take to address the purposes underlying the

recommendation.

(3) A summary of any additional actions the Secretary

plans to take to address concerns raised by the Task Force.

Subtitle F—Other Matters

SEC. 1051. COMMISSION ON THE IMPLEMENTATION OF THE NEW STRATEGIC POSTURE OF THE UNITED STATES.

(a) ESTABLISHMENT OF COMMISSION.—

(1) ESTABLISHMENT.—There is hereby established a

commission to be known as the ‘‘Commission on the

Implementation of the New Strategic Posture of the United

States’’. The Secretary of Defense shall enter into a contract

with a federally funded research and development center to

provide for the organization, management, and support of the

Commission. Such contract shall be entered into in consultation

with the Secretary of Energy. The selection of the federally

funded research and development center shall be made in consultation with the chairman and ranking minority member

of the Committee on Armed Services of the Senate and the

chairman and ranking minority member of the Committee on

Armed Services of the House of Representatives.

(2) COMPOSITION.—

(A) MEMBERSHIP.—The Commission shall be composed

of 12 members who shall be appointed by the Secretary

of Defense. In selecting individuals for appointment to the

Commission, the Secretary of Defense shall consult with

the chairman and ranking minority member of the Committee on Armed Services of the Senate and the chairman

and ranking minority member of the Committee on Armed

Services of the House of Representatives.

Contracts.

119 STAT. 3432 PUBLIC LAW 109–163—JAN. 6, 2006

(B) QUALIFICATIONS.—Members of the Commission

shall be appointed from among private United States citizens with knowledge and expertise in the political, military,

operational, and technical aspects of nuclear strategy.

(3) CHAIRMAN OF THE COMMISSION.—The Secretary of

Defense shall designate one of the members of the Commission

to serve as chairman of the Commission.

(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall

be appointed for the life of the Commission. Any vacancy in

the Commission shall be filled in the same manner as the

original appointment.

(5) SECURITY CLEARANCES.—All members of the Commission shall hold appropriate security clearances.

(b) DUTIES OF COMMISSION.— (1) REVIEW OF IMPLEMENTATION OF NUCLEAR POSTURE

REVIEW.—The Commission shall examine programmatic

requirements to achieve the goals set forth in the report of

the Secretary of Defense submitted to Congress on December

31, 2001, providing the results of the Nuclear Posture Review

conducted pursuant to section 1041 of the Floyd D. Spence

National Defense Authorization Act for Fiscal Year 2001 (as

enacted into law by Public Law 106–398; 114 Stat. 1654,

1654A–262) and results of periodic assessments of the Nuclear

Posture Review. Matters examined by the Commission shall

include the following:

(A) The process of establishing requirements for strategic forces and how that process accommodates employment of nonnuclear strike platforms and munitions in a

strategic role.

(B) How strategic intelligence, reconnaissance, and

surveillance requirements differ from nuclear intelligence,

reconnaissance, and surveillance requirements.

(C) The ability of a limited number of strategic platforms to carry out a growing range of nonnuclear strategic

strike missions.

(D) The limits of tactical systems to perform nonnuclear global strategic missions in a prompt manner.

(E) An assessment of the ability of the current nuclear

stockpile to address the evolving strategic threat environment through 2008.

(2) RECOMMENDATIONS.—The Commission shall include in

its report recommendations with respect to the following:

(A) Changes to the requirements process to employ

nonnuclear strike platforms and munitions in a strategic

role.

(B) Changes to the nuclear stockpile and infrastructure

required to preserve a nuclear capability commensurate

with the changes to the strategic threat environment

through 2008.

(C) Actions the Secretary of Defense and the Secretary

of Energy can take to preserve flexibility of the defense

nuclear complex while reducing the cost of a Cold War

strategic infrastructure.

(D) Identify shortfalls in the strategic modernization

programs of the United States that would undermine the

ability of the United States to develop new nonnuclear

strategic strike capabilities.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3433

(3) COOPERATION FROM GOVERNMENT.—

(A) COOPERATION.—In carrying out its duties, the

Commission shall receive the full and timely cooperation

of the Secretary of Defense, the Secretary of Energy, and

any other United States Government official in providing

the Commission with analyses, briefings, and other

information necessary for the fulfillment of its responsibilities.

(B) LIAISON WITH DOE & DOD.—The Secretary of Energy

and the Secretary of Defense shall each designate at least

one officer or employee of the Department of Energy and

the Department of Defense, respectively, to serve as a

liaison officer between the department and the Commission.

(c) REPORTS.—

(1) COMMISSION REPORT.—Not later than June 30, 2007,

the Commission shall submit to the Secretary of Defense and

the Committees on Armed Services of the Senate and House

of Representatives a report on the Commission’s findings and

conclusions.

(2) SECRETARY OF DEFENSE RESPONSE.—

(A) IN GENERAL.—The Secretary of Defense may submit

to the Commission a response to the report of the Commission under paragraph (1). If the Secretary elects to submit

to the Commission a response to the report of the Commission, the Secretary shall also submit such response to the

committees specified in paragraph (1).

(B) MATTERS TO BE INCLUDED.—The response, if any,

of the Secretary to the report of the Commission shall

include—

(i) comments on the findings and conclusions of

the Commission; and

(ii) an explanation of what actions, if any, the

Secretary intends to take to implement the recommendations of the Commission and, with respect

to each such recommendation, the Secretary’s reasons

for implementing, or not implementing, the recommendation.

(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the

chairman of the Commission, the head of any Federal department

or agency may detail, on a nonreimbursable basis, up to three

employees of such department or agency to the Commission to

assist it in carrying out its duties.

(e) FUNDING.—Funds for activities of the Commission shall

be provided from amounts appropriated for the Department of

Defense.

(f) TERMINATION OF COMMISSION.—The Commission shall terminate on July 30, 2007.

(g) IMPLEMENTATION.—

(1) FFRDC CONTRACT.—The Secretary of Defense shall

enter into the contract required under subsection (a)(1) not

later that 60 days after the date of the enactment of this

Act.

(2) FIRST MEETING.—The Commission shall convene its first

meeting not later than 30 days after the date as of which

all members of the Commission have been appointed.

Deadlines.

119 STAT. 3434 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 1052. REESTABLISHMENT OF EMP COMMISSION.

(a) REESTABLISHMENT.—The commission established pursuant

to title XIV 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–345), known as the Commission to Assess

the Threat to the United States from Electromagnetic Pulse Attack,

is hereby reestablished.

(b) MEMBERSHIP.—The Commission as reestablished shall have

the same membership as the Commission had as of the date of

the submission of the report of the Commission pursuant to section

1403(a) of such Act, as in effect before the date of the enactment

of this Act. Service on the Commission is voluntary, and Commissioners may elect to terminate their service on the Commission.

(c) COMMISSION CHARTER DEFINED.—In this section, the term

‘‘Commission charter’’ means title XIV 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–345 et seq.).

(d) ESTABLISHMENT AND PURPOSE.—Section 1401 of the

Commission charter (114 Stat. 1654A–345) is amended—

(1) by striking subsections (e) and (g);

(2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;

(3) by inserting after subsection (a) the following new subsection (b):

‘‘(b) PURPOSE.—The purpose of the Commission is to monitor,

investigate, make recommendations, and report to Congress on

the evolving threat to the United States from electromagnetic pulse

(hereinafter in this title referred to as ‘EMP’) attack resulting

from the detonation of a nuclear weapon or weapons at high altitude.’’;

(4) in subsection (c), as redesignated by paragraph (2),

by striking the second and third sentences and inserting ‘‘In

the event of a vacancy in the membership of the Commission,

the Secretary of Defense shall appoint a new member.’’; and

(5) in subsection (d), as redesignated by paragraph (2),

by striking ‘‘pulse (hereafter’’ and all that follows and inserting

‘‘pulse effects referred to in subsection (b).’’.

(e) DUTIES OF COMMISSION.—Section 1402 of the Commission

charter (114 Stat. 1654A–346) is amended to read as follows:

‘‘SEC. 1402. DUTIES OF COMMISSION.

‘‘The Commission shall assess the following:

‘‘(1) The vulnerability of electric-dependent military systems and other electric-dependent systems in the United States

to an EMP attack, giving special attention to the progress,

or lack of progress, by the Department of Defense, other Government departments and agencies of the United States, and entities of the private sector in taking steps to protect such systems

from such an attack.

‘‘(2) The report of the Secretary of Defense submitted to

Congress under section 1403(b) of this Act as in effect before

the enactment of the National Defense Authorization Act for

Fiscal Year 2006.’’.

(f) REPORT.—Section 1403 of the Commission charter (114 Stat.

1654A–345) is amended to read as follows:

50 USC 2301

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3435

‘‘SEC. 1403. REPORTS.

‘‘(a) FINAL REPORT.—Not later than June 30, 2007, the Commission shall submit to Congress a report providing the Commission’s

assessment of the matters specified in section 1402. That report

shall include recommendations for any steps the Commission

believes should be taken by the United States to better protect

systems referred to in section 1402(1) from an EMP attack.

‘‘(b) INTERIM REPORTS.—Before the submission of its report

under subsection (a), the Commission may submit to Congress

interim reports at such times as the Commission considers appropriate.’’.

(g) CLERICAL AMENDMENT.—The heading for subsection (c) of

section 1405 of the Commission charter (114 Stat. 1654A–347)

is amended by striking ‘‘COMMISSION’’ and inserting ‘‘PANELS’’.

(h) COMMISSION PERSONNEL MATTERS.—Section 1406(c)(2) of

the Commission charter (114 Stat. 1654A–347) is amended by

striking ‘‘for grade GS–15 of the General Schedule’’ and inserting

‘‘for senior level and scientific or professional positions’’.

(i) FUNDING.—Section 1408 of the Commission charter (114

Stat. 1654A–348) is amended—

(1) by inserting ‘‘for any fiscal year’’ after ‘‘activities of

the Commission’’; and

(2) by striking ‘‘for fiscal year 2001’’ and inserting ‘‘for

that fiscal year’’.

(j) TERMINATION.—Section 1049 of of the Commission charter

(114 Stat. 1654A–348) is amended by striking ‘‘60 days’’ and

inserting ‘‘30 days’’.

SEC. 1053. MODERNIZATION OF AUTHORITY RELATING TO SECURITY

OF DEFENSE PROPERTY AND FACILITIES.

Section 21 of the Internal Security Act of 1950 (50 U.S.C.

797) is amended to read as follows:

‘‘PENALTY FOR VIOLATION OF SECURITY REGULATIONS AND ORDERS

‘‘SEC. 21. (a) MISDEMEANOR VIOLATION OF DEFENSE PROPERTY

SECURITY REGULATIONS.—

‘‘(1) MISDEMEANOR.—Whoever willfully violates any defense

property security regulation shall be fined under title 18, United

States Code, or imprisoned not more than one year, or both.

‘‘(2) DEFENSE PROPERTY SECURITY REGULATION

DESCRIBED.—For purposes of paragraph (1), a defense property

security regulation is a property security regulation that, pursuant to lawful authority—

‘‘(A) shall be or has been promulgated or approved

by the Secretary of Defense (or by a military commander

designated by the Secretary of Defense or by a military

officer, or a civilian officer or employee of the Department

of Defense, holding a senior Department of Defense director

position designated by the Secretary of Defense) for the

protection or security of Department of Defense property;

or

‘‘(B) shall be or has been promulgated or approved

by the Administrator of the National Aeronautics and Space

Administration for the protection or security of NASA property.

119 STAT. 3436 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(3) PROPERTY SECURITY REGULATION DESCRIBED.—For purposes of paragraph (2), a property security regulation, with

respect to any property, is a regulation—

‘‘(A) relating to fire hazards, fire protection, lighting,

machinery, guard service, disrepair, disuse, or other

unsatisfactory conditions on such property, or the ingress

thereto or egress or removal of persons therefrom; or

‘‘(B) otherwise providing for safeguarding such property

against destruction, loss, or injury by accident or by enemy

action, sabotage, or other subversive actions.

‘‘(4) DEFINITIONS.—In this subsection:

‘‘(A) DEPARTMENT OF DEFENSE PROPERTY.—The term

‘Department of Defense property’ means covered property

subject to the jurisdiction, administration, or in the custody

of the Department of Defense, any Department or agency

of which that Department consists, or any officer or

employee of that Department or agency.

‘‘(B) NASA PROPERTY.—The term ‘NASA property’

means covered property subject to the jurisdiction, administration, or in the custody of the National Aeronautics and

Space Administration or any officer or employee thereof.

‘‘(C) COVERED PROPERTY.—The term ‘covered property’

means aircraft, airports, airport facilities, vessels, harbors,

ports, piers, water-front facilities, bases, forts, posts, laboratories, stations, vehicles, equipment, explosives, or other

property or places.

‘‘(D) REGULATION AS INCLUDING ORDER.—The term

‘regulation’ includes an order.

‘‘(b) POSTING.—Any regulation or order covered by subsection

(a) shall be posted in conspicuous and appropriate places.’’.

SEC. 1054. REVISION OF DEPARTMENT OF DEFENSE COUNTERINTELLIGENCE POLYGRAPH PROGRAM.

(a) IN GENERAL.—Section 1564a of title 10, United States Code,

is amended to read as follows:

‘‘§ 1564a. Counterintelligence polygraph program

‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of Defense may

carry out a program for the administration of counterintelligence

polygraph examinations to persons described in subsection (b). The

program shall be conducted in accordance with the standards specified in subsection (e).

‘‘(b) PERSONS COVERED.—Except as provided in subsection (d),

the following persons, if their duties are described in subsection

(c), are subject to this section:

‘‘(1) Military and civilian personnel of the Department of

Defense.

‘‘(2) Personnel of defense contractors.

‘‘(3) A person assigned or detailed to the Department of

Defense.

‘‘(4) An applicant for a position in the Department of

Defense.

‘‘(c) COVERED TYPES OF DUTIES.—The Secretary of Defense

may provide, under standards established by the Secretary, that

a person described in subsection (b) is subject to this section if

that person’s duties involve—

‘‘(1) access to information that—

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3437

‘‘(A) has been classified at the level of top secret; or

‘‘(B) is designated as being within a special access

program under section 4.4(a) of Executive Order No. 12958

(or a successor Executive order); or

‘‘(2) assistance in an intelligence or military mission in

a case in which the unauthorized disclosure or manipulation

of information, as determined under standards established by

the Secretary of Defense, could reasonably be expected to—

‘‘(A) jeopardize human life or safety;

‘‘(B) result in the loss of unique or uniquely productive

intelligence sources or methods vital to United States security; or

‘‘(C) compromise technologies, operational plans, or

security procedures vital to the strategic advantage of the

United States and its allies.

‘‘(d) EXCEPTIONS FROM COVERAGE FOR CERTAIN INTELLIGENCE

AGENCIES AND FUNCTIONS.—This section does not apply to the

following persons:

‘‘(1) A person assigned or detailed to the Central Intelligence Agency or to an expert or consultant under a contract

with the Central Intelligence Agency.

‘‘(2) A person who is—

‘‘(A) employed by or assigned or detailed to the

National Security Agency;

‘‘(B) an expert or consultant under contract to the

National Security Agency;

‘‘(C) an employee of a contractor of the National Security Agency; or

‘‘(D) a person applying for a position in the National

Security Agency.

‘‘(3) A person assigned to a space where sensitive cryptographic information is produced, processed, or stored.

‘‘(4) A person employed by, or assigned or detailed to,

an office within the Department of Defense for the collection

of specialized national foreign intelligence through reconnaissance programs or a contractor of such an office.

‘‘(e) STANDARDS.—(1) Polygraph examinations conducted under

this section shall comply with all applicable laws and regulations.

‘‘(2) Such examinations may be authorized for any of the following purposes:

‘‘(A) To assist in determining the initial eligibility for duties

described in subsection (c) of, and aperiodically thereafter, on

a random basis, to assist in determining the continued eligibility of, persons described in subsections (b) and (c).

‘‘(B) With the consent of, or upon the request of, the examinee, to—

‘‘(i) resolve serious credible derogatory information

developed in connection with a personnel security investigation; or

‘‘(ii) exculpate him- or herself of allegations or evidence

arising in the course of a counterintelligence or personnel

security investigation.

‘‘(C) To assist, in a limited number of cases when operational exigencies require the immediate use of a person’s services before the completion of a personnel security investigation,

in determining the interim eligibility for duties described in

subsection (c) of the person.

119 STAT. 3438 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(3) Polygraph examinations conducted under this section shall

provide adequate safeguards, prescribed by the Secretary of

Defense, for the protection of the rights and privacy of persons

subject to this section under subsection (b) who are considered

for or administered polygraph examinations under this section.

Such safeguards shall include the following:

‘‘(A) The examinee shall receive timely notification of the

examination and its intended purpose and may only be given

the examination with the consent of the examinee.

‘‘(B) The examinee shall be advised of the examinee’s right

to consult with legal counsel.

‘‘(C) All questions asked concerning the matter at issue,

other than technical questions necessary to the polygraph technique, must have a relevance to the subject of the inquiry.

‘‘(f) OVERSIGHT.—(1) The Secretary shall establish a process

to monitor responsible and effective application of polygraph

examinations within the Department of Defense.

‘‘(2) The Secretary shall make information on the use of polygraphs within the Department of Defense available to the congressional defense committees.

‘‘(g) POLYGRAPH RESEARCH PROGRAM.—The Secretary shall

carry out a continuing research program to support the polygraph

examination activities of the Department of Defense. The program

shall include the following:

‘‘(1) An on-going evaluation of the validity of polygraph

techniques used by the Department.

‘‘(2) Research on polygraph countermeasures and anticountermeasures.

‘‘(3) Developmental research on polygraph techniques,

instrumentation, and analytic methods.’’.

(b) EFFECTIVE DATE; IMPLEMENTATION.—The amendment made

by subsection (a) shall apply with respect to polygraph examinations

administered beginning on the date of the enactment of this Act.

SEC. 1055. PRESERVATION OF RECORDS PERTAINING TO RADIOACTIVE

FALLOUT FROM NUCLEAR WEAPONS TESTING.

(a) PROHIBITION OF DESTRUCTION OF CERTAIN RECORDS.—The

Secretary of Defense may not destroy any official record in the

custody or control of the Department of Defense that contains

information relating to radioactive fallout from nuclear weapons

testing.

(b) PRESERVATION AND PUBLICATION OF INFORMATION.—The

Secretary of Defense shall identify, preserve, and make available

any unclassified information contained in official records referred

to in subsection (a).

SEC. 1056. TECHNICAL AND CLERICAL AMENDMENTS.

(a) AMENDMENTS RELATING TO DEFINITION OF BASE CLOSURE

LAWS.—

(1) Section 2694a(i) of title 10, United States Code, is

amended by striking paragraph (2).

(2) Paragraph (1) of section 1333(i) of the National Defense

Authorization Act for Fiscal Year 1994 (Public Law 103–160;

10 U.S.C. 2701 note) is amended to read as follows:

‘‘(1) BASE CLOSURE LAW.—The term ‘base closure law’ has

the meaning given such term in section 101(a)(17) of title

10, United States Code.’’.

10 USC 113 note.

10 USC 1564a

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3439

(3) Subsection (b) of section 2814 of the Military Construction Authorization Act for Fiscal Year 1995 (division B of Public

Law 103–337; 10 U.S.C. 2687 note) is amended to read as

follows:

‘‘(b) BASE CLOSURE LAW DEFINED.—In this section, the term

‘base closure law’ has the meaning given such term in section

101(a)(17) of title 10, United States Code.’’.

(4) Subsection (c) of section 3341 of title 5, United States

Code, is amended to read as follows:

‘‘(c) For purposes of this section, the term ‘base closure law’

has the meaning given such term in section 101(a)(17) of title

10.’’.

(5) Chapter 5 of title 40, United States Code, is amended—

(A) in section 554(a)(1), by striking ‘‘means’’ and all

that follows and inserting ‘‘has the meaning given that

term in section 101(a)(17) of title 10.’’; and

(B) in section 572(b)(1)(B), by striking ‘‘section

2667(h)(2) of title 10’’ and inserting ‘‘section 101(a)(17)

of title 10’’.

(6) The Act of November 13, 2000, entitled ‘‘An Act to

amend the Organic Act of Guam, and for other purposes’’ (Public

Law 106–504; 114 Stat. 2309) is amended by striking paragraph

(2) of section 1(c) and inserting the following new paragraph

(2):

‘‘(2) The term ‘base closure law’ has the meaning given

such term in section 101(a)(17) of title 10, United States Code.’’.

(b) DEFINITION OF STATE FOR PURPOSES OF SECTION 2694a.—

Subsection (i) of section 2694a of title 10, United States Code,

as amended by subsection (a)(1), is further amended—

(1) by redesignating paragraphs (3) and (4) as paragraphs

(2) and (3), respectively; and

(2) in paragraph (3), as so redesignated, by striking ‘‘and

the territories and possessions of the United States’’ and

inserting ‘‘Guam, the Virgin Islands, and American Samoa’’.

(c) OTHER MISCELLANEOUS CORRECTIONS TO TITLE 10, UNITED

STATES CODE.—Title 10, United States Code, is amended as follows:

(1) Section 101(e)(4)(B)(ii) is amended by striking the

comma after ‘‘bulk explosives’’.

(2) Section 127b(d)(1) is amended by striking ‘‘polices’’ in

the second sentence and inserting ‘‘policies’’.

(3) Section 1732 is amended—

(A) in subsection (c)—

(i) by striking ‘‘(b)(2)(A) and (b)(2)(B)’’ in paragraphs (1) and (2) and inserting ‘‘(b)(1)(A) and

(b)(1)(B)’’; and

(ii) by striking paragraph (3); and

(B) in subsection (d)(2), by striking ‘‘(b)(2)(A)(ii)’’ and

inserting ‘‘(b)(1)(A)(ii)’’.

(4) Section 2410n(b) is amended by striking ‘‘compeititon’’

in the second sentence and inserting ‘‘competition’’.

(5) Section 2507(d) is amended by striking ‘‘section (a)’’

and inserting ‘‘subsection (a)’’.

(6) Section 2665(a) is amended by striking ‘‘under section

2664 of this title’’.

(7) Section 2703(b) is amended by striking ‘‘For purposes

of the preceding sentence, the terms ‘unexploded ordnance’,

119 STAT. 3440 PUBLIC LAW 109–163—JAN. 6, 2006

‘discarded military munitions’, and’’ and inserting ‘‘In this subsection, the terms ‘discarded military munitions’ and’’.

(8) Section 2773a(a) is amended by inserting ‘‘by’’ after

‘‘incorrect payment made’’ in the first sentence.

(9) Section 2801(d) is amended by striking ‘‘sections 2830

and 2835’’ and inserting ‘‘sections 2830, 2835, and 2836 of

this chapter’’.

(10) Section 2881a(f) is amended by striking ‘‘Notwithstanding section 2885 of this title, the’’ and inserting ‘‘The’’.

(11) Section 3084 is amended by striking the semicolon

in the section heading and inserting a colon.

(d) RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2005.—Section 1105(h) of the Ronald W.

Reagan National Defense Authorization Act for Fiscal Year 2005

(Public Law 108–375; 118 Stat. 2075) is amended by striking ‘‘(21

U.S.C.’’ and inserting ‘‘(20 U.S.C.’’.

(e) BOB STUMP NATIONAL DEFENSE AUTHORIZATION ACT FOR

FISCAL YEAR 2003.—The Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314) is amended

as follows:

(1) Section 314 (116 Stat. 2508) is amended—

(A) in subsection (d), by striking ‘‘(40 U.S.C.’’ and

inserting ‘‘(42 U.S.C.’’; and

(B) in subsection (e)(2), by striking ‘‘(40 U.S.C.’’ and

inserting ‘‘(42 U.S.C.’’.

(2) Section 635(a) (116 Stat. 2574) is amended by inserting

‘‘the first place it appears’’ after ‘‘by striking ‘a claim’ ’’.

(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

1994.—Section 1605(a)(4) of the National Defense Authorization

Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by

striking ‘‘Logisitics’’ in the first sentence and inserting ‘‘Logistics’’.

(g) TITLE 38, UNITED STATES CODE.—Section 8111(b)(1) of title

38, United States Code, is amended by inserting ‘‘of 1993’’ after

‘‘the Government Performance and Results Act’’.

SEC. 1057. DELETION OF OBSOLETE DEFINITIONS IN TITLES 10 AND

32, UNITED STATES CODE.

(a) DELETING OBSOLETE DEFINITION OF ‘‘TERRITORY’’ IN TITLE

10.—Title 10, United States Code, is amended as follows:

(1) Section 101(a) is amended by striking paragraph (2).

(2) The following sections are amended by striking the

terms ‘‘Territory or’’, ‘‘or Territory’’, ‘‘a Territorial Department,’’,

‘‘or a Territory’’, ‘‘Territory and’’, ‘‘its Territories,’’, and ‘‘and

Territories’’ each place they appear: sections 101(a)(3), 332,

822, 1072, 1103, 2671, 3037, 5148, 8037, 8074, 12204, and

12642.

(3) The following sections are amended by striking the

terms ‘‘Territory,’’ and ‘‘Territories,’’ each place they appear:

sections 849, 858, 888, 2668, 2669, 7545, and 9773.

(4) Section 808 is amended by striking ‘‘Territory, Commonwealth, or possession,’’ and inserting ‘‘Commonwealth, possession,’’.

(5) The following sections are amended by striking ‘‘Territories, Commonwealths, or possessions’’ each place it appears

and inserting ‘‘Commonwealths or possessions’’: sections 847,

2734, 4778, 5986, 7652, 7653, and 12406.

10 USC 3702.

10 USC 2302

note.

10 USC 2192

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3441

(6) The following sections are amended by striking ‘‘Territories, Commonwealths, and possessions’’ each place it appears

and inserting ‘‘Commonwealths and possessions’’: sections 846,

3062, 3074, 4747, 4778, 8062, and 9778.

(7) Section 312 is amended by striking ‘‘States and Territories, and Puerto Rico’’ and inserting ‘‘States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands’’.

(8) Section 335 is amended by striking ‘‘the unincorporated

territories of’’.

(9) Sections 4301 and 9301 are amended by striking ‘‘State

or Territory, Puerto Rico, or the District of Columbia’’ each

place it appears and inserting ‘‘State, the Commonwealth of

Puerto Rico, the District of Columbia, Guam, or the Virgin

Islands’’.

(10) Sections 4685 and 9685 are amended by striking ‘‘State

or Territory concerned’’ each place it appears and inserting

‘‘State concerned or Guam or the Virgin Islands’’ and by striking

‘‘State and Territorial’’ each place it appears and inserting

‘‘State, Guam, and the Virgin Islands’’.

(11) Section 7851 is amended by striking ‘‘States, the Territories, and the District of Columbia’’ and inserting ‘‘States,

the District of Columbia, Guam, and the Virgin Islands’’.

(12) Section 7854 is amended by striking ‘‘any State, any

Territory, or the District of Columbia’’ and inserting ‘‘any State,

the District of Columbia, Guam, or the Virgin Islands’’.

(b) DELETING OBSOLETE DEFINITION OF ‘‘TERRITORY’’ IN TITLE

32.—Title 32, United States Code, is amended as follows:

(1) Paragraph (1) of section 101 is amended to read as

follows:

‘‘(1) For purposes of other laws relating to the militia,

the National Guard, the Army National Guard of the United

States, and the Air National Guard of the United States, the

term ‘Territory’ includes Guam and the Virgin Islands.’’.

(2) Sections 103, 104(c), 314, 315, 708(d), and 711 are

amended by striking ‘‘State and Territory, Puerto Rico, and

the District of Columbia’’ and ‘‘State or Territory, Puerto Rico,

and the District of Columbia’’ each place they appear and

inserting ‘‘State, the Commonwealth of Puerto Rico, the District

of Columbia, Guam, and the Virgin Islands’’.

(3) Sections 104(d), 107, 109, 503, 703, 704, 710, and 712

are amended by striking ‘‘State or Territory, Puerto Rico, or

the District of Columbia’’ and ‘‘State or Territory, Puerto Rico,

the Virgin Islands or the District of Columbia’’ each place

they appear and inserting ‘‘State, the Commonwealth of Puerto

Rico, the District of Columbia, Guam, or the Virgin Islands’’.

(4) Sections 104(a), 505, 702(a), and 708(a) are amended

by striking ‘‘State or Territory and Puerto Rico’’, ‘‘State or

Territory or Puerto Rico’’, and ‘‘State or Territory, Puerto Rico’’

each place they appear and inserting ‘‘State, the Commonwealth

of Puerto Rico, Guam, and the Virgin Islands’’.

(5) Section 324 is amended by striking ‘‘State or Territory

of whose National Guard he is a member, or by the laws

of Puerto Rico, or the District of Columbia, if he is a member

of its National Guard’’ and inserting ‘‘State of whose National

Guard he is a member, or by the laws of the Commonwealth

of Puerto Rico, or the District of Columbia, Guam, or the

Virgin Islands, whose National Guard he is a member’’.

119 STAT. 3442 PUBLIC LAW 109–163—JAN. 6, 2006

(6) Section 325 is amended by striking ‘‘State or Territory,

or of Puerto Rico’’ and ‘‘State or Territory or Puerto Rico’’

each place they appear and inserting ‘‘State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands’’.

(7) Sections 326, 327, and 501 are amended by striking

‘‘States and Territories, Puerto Rico, and the District of

Columbia’’ each place it appears and inserting ‘‘States, the

Commonwealth of Puerto Rico, the District of Columbia, Guam,

and the Virgin Islands’’.

SEC. 1058. SUPPORT FOR YOUTH ORGANIZATIONS.

(a) YOUTH ORGANIZATION DEFINED.—In this section, the term

‘‘youth organization’’ means—

(1) the Boy Scouts of America;

(2) the Girl Scouts of the United States of America;

(3) the Boys Clubs of America;

(4) the Girls Clubs of America;

(5) the Young Men’s Christian Association;

(6) the Young Women’s Christian Association;

(7) the Civil Air Patrol;

(8) the United States Olympic Committee;

(9) the Special Olympics;

(10) Campfire USA;

(11) the Young Marines;

(12) the Naval Sea Cadets Corps;

(13) 4–H Clubs;

(14) the Police Athletic League;

(15) Big Brothers—Big Sisters of America;

(16) National Guard Challenge Program; and

(17) any other organization designated by the President

as an organization that is primarily intended to—

(A) serve individuals under the age of 21 years;

(B) provide training in citizenship, leadership, physical

fitness, service to community, and teamwork; and

(C) promote the development of character and ethical

and moral values.

(b) SUPPORT FOR YOUTH ORGANIZATIONS.—

(1) CONTINUATION OF SUPPORT.—No Federal law (including

any rule, regulation, directive, instruction, or order) shall be

construed to limit any Federal agency from providing any form

of support for a youth organization (including the Boy Scouts

of America or any group officially affiliated with the Boy Scouts

of America) that would result in that Federal agency providing

less support to that youth organization (or any similar organization chartered under the chapter of title 36, United States

Code, relating to that youth organization) than was provided

during the preceding fiscal year to that youth organization.

This paragraph shall be subject to the availability of appropriations.

(2) YOUTH ORGANIZATIONS THAT CEASE TO EXIST.—Paragraph (1) shall not apply to any youth organization that ceases

to exist.

(3) WAIVERS.—The head of a Federal agency may waive

the application of paragraph (1) to a youth organization with

respect to each conviction or investigation described under

subparagraph (A) or (B) for a period of not more than two

fiscal years if—

5 USC 301 note.

5 USC 301 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3443

(A) any senior officer (including any member of the

board of directors) of the youth organization is convicted

of a criminal offense relating to the official duties of that

officer or the youth organization is convicted of a criminal

offense; or

(B) the youth organization is the subject of a criminal

investigation relating to fraudulent use or waste of Federal

funds.

(4) TYPES OF SUPPORT.—Support described in paragraph

(1) includes—

(A) authorizing a youth organization to hold meetings,

camping events, or other activities on Federal property;

(B) hosting any official event of a youth organization;

(C) loaning equipment for the use of a youth organization; and

(D) providing personnel services and logistical support

for a youth organization.

(c) CONTINUATION OF DEPARTMENT OF DEFENSE OF SUPPORT

FOR SCOUT JAMBOREES.—Section 2554 of title 10, United States

Code, is amended by adding at the end the following new subsection:

‘‘(i)(1) The Secretary of Defense shall provide at least the same

level of support under this section for a national or world Boy

Scout Jamboree as was provided under this section for the preceding

national or world Boy Scout Jamboree.

‘‘(2) The Secretary of Defense may waive paragraph (1), if

the Secretary—

‘‘(A) determines that providing the support subject to paragraph (1) would be detrimental to the national security of

the United States; and

‘‘(B) submits to Congress a report containing such determination in a timely manner, and before the waiver takes

effect.’’.

(d) EQUAL ACCESS FOR YOUTH ORGANIZATIONS.—Section 109

of the Housing and Community Development Act of 1974 (42 U.S.C.

5309) is amended—

(1) in the first sentence of subsection (b), by inserting

‘‘or (e)’’ after ‘‘subsection (a)’’; and

(2) by adding at the end the following new subsection:

‘‘(e) EQUAL ACCESS.—

‘‘(1) DEFINITION.—In this subsection, the term ‘youth

organization’ means an organization described under part B

of subtitle II of title 36, United States Code, that is intended

to serve individuals under the age of 21 years.

‘‘(2) IN GENERAL.—No State or unit of general local government that has a designated open forum, limited public forum,

or nonpublic forum and that is a recipient of assistance under

this title shall deny equal access or a fair opportunity to meet

to, or discriminate against, any youth organization, including

the Boy Scouts of America or any group officially affiliated

with the Boy Scouts of America, that wishes to conduct a

meeting or otherwise participate in that designated open forum,

limited public forum, or nonpublic forum.’’.

SEC. 1059. SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS

TRANSLATORS WITH UNITED STATES ARMED FORCES.

(a) IN GENERAL.—For purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), subject to subsection (c)(1), the

8 USC 1101 note.

Reports.

119 STAT. 3444 PUBLIC LAW 109–163—JAN. 6, 2006

Secretary of Homeland Security may provide an alien described

in subsection (b) with the status of a special immigrant under

section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien—

(1) files with the Secretary of Homeland Security a petition

under section 204 of such Act (8 U.S.C. 1154) for classification

under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and

(2) is otherwise eligible to receive an immigrant visa and

is otherwise admissible to the United States for permanent

residence, except in determining such admissibility, the grounds

for inadmissibility specified in section 212(a)(4) of such Act

(8 U.S.C. 1182(a)(4)) shall not apply.

(b) ALIENS DESCRIBED.—

(1) PRINCIPAL ALIENS.—An alien is described in this subsection if the alien—

(A) is a national of Iraq or Afghanistan;

(B) worked directly with United States Armed Forces

as a translator for a period of at least 12 months;

(C) obtained a favorable written recommendation from

a general or flag officer in the chain of command of the

United States Armed Forces unit that was supported by

the alien; and

(D) before filing the petition described in subsection

(a)(1), cleared a background check and screening, as determined by a general or flag officer in the chain of command

of the United States Armed Forces unit that was supported

by the alien.

(2) SPOUSES AND CHILDREN.—An alien is described in this

subsection if the alien is the spouse or child of a principal

alien described in paragraph (1), and is following or accompanying to join the principal alien.

(c) NUMERICAL LIMITATIONS.—

(1) IN GENERAL.—The total number of principal aliens who

may be provided special immigrant status under this section

during any fiscal year shall not exceed 50.

(2) COUNTING AGAINST SPECIAL IMMIGRANT CAP.—For purposes of the application of sections 201 through 203 of the

Immigration and Nationality Act (8 U.S.C. 1151–1153) in any

fiscal year, aliens eligible to be provided status under this

section shall be treated as special immigrants described in

section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are

not described in subparagraph (A), (B), (C), or (K) of such

section.

(d) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS.—The definitions in subsections (a) and (b) of section 101

of the Immigration and Nationality Act (8 U.S.C. 1101) shall apply

in the administration of this section.

SEC. 1060. EXPANSION OF EMERGENCY SERVICES UNDER RECIPROCAL

AGREEMENTS.

Subsection (b) of the first section of the Act of May 27, 1955

(42 U.S.C. 1856(b)), is amended by striking ‘‘and fire fighting’’

and inserting ‘‘, fire fighting, and emergency services, including

basic medical support, basic and advanced life support, hazardous

material containment and confinement, and special rescue events

involving vehicular and water mishaps, and trench, building, and

confined space extractions’’.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3445

SEC. 1061. RENEWAL OF MORATORIUM ON RETURN OF VETERANS

MEMORIAL OBJECTS TO FOREIGN NATIONS WITHOUT

SPECIFIC AUTHORIZATION IN LAW.

Section 1051(c) of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 2572 note) is

amended—

(1) by striking ‘‘the date of the enactment of this Act’’

and inserting ‘‘October 5, 1999,’’; and

(2) by inserting before the period at the end the following:

‘‘, and during the period beginning on the date of the enactment

of the National Defense Authorization Act for Fiscal Year 2006

and ending on September 30, 2010’’.

SEC. 1062. SENSE OF CONGRESS ON NATIONAL SECURITY INTEREST

OF MAINTAINING AERONAUTICS RESEARCH AND

DEVELOPMENT.

(a) FINDINGS.—Congress makes the following findings:

(1) The advances made possible by Government-funded

research in emerging aeronautics technologies have enabled

longstanding military air superiority for the United States in

recent decades.

(2) Military aircraft incorporate advanced technologies

developed at research centers of the National Aeronautics and

Space Administration.

(3) The vehicle systems program of the National Aeronautics and Space Administration has provided major technology advances that have been used in every major civil and

military aircraft developed over the last 50 years.

(4) It is important for the cooperative research efforts of

the National Aeronautics and Space Administration and the

Department of Defense that funding of research on military

aviation technologies be robust.

(5) Recent National Aeronautics and Space Administration

and independent studies have demonstrated the competitiveness, scientific merit, and necessity of existing aeronautics programs.

(6) The economic and military security of the United States

is enhanced by the continued development of improved aeronautics technologies.

(7) A national effort is needed to ensure that the National

Aeronautics and Space Administration can help meet future

aviation needs.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

it is in the national security interest of the United States to maintain a strong aeronautics research and development program within

the Department of Defense and the National Aeronautics and Space

Administration.

SEC. 1063. AIRPORT CERTIFICATION.

For the airport referred to in paragraph (1) to be eligible

to receive approval of an airport layout plan by the Federal Aviation

Administration, such airport shall ensure and provide documentation that—

(1) the governing body of an airport built after the date

of enactment of this Act at site number 04506.3*A and under

number 17–0027 of the National Plan of Integrated Airport

119 STAT. 3446 PUBLIC LAW 109–163—JAN. 6, 2006

Systems is composed of a majority of local residents who live

in the county in which such airport is located; and

(2) the airport complies with sections 303, 303A, and 303B

of the Federal Property and Administrative Services Act of

1949 (41 U.S.C. 253–253b) as implemented by the Federal

Acquisition Regulation issued pursuant to section 25 of the

Office of Federal Procurement Policy Act (41 U.S.C. 421)

regarding land procurement and developer selection.

Subtitle G—Military Mail Matters

SEC. 1071. SAFE DELIVERY OF MAIL IN MILITARY MAIL SYSTEM.

(a) PLAN FOR SAFE DELIVERY OF MILITARY MAIL.—

(1) PLAN REQUIRED.—The Secretary of Defense shall

develop and implement a plan to ensure that the mail within

the military mail system is safe for delivery. The plan shall

provide for the screening of all mail within the military mail

system in order to detect the presence of biological, chemical,

or radiological weapons, agents, or pathogens or explosive

devices before mail within the military mail system is delivered

to its intended recipients.

(2) FUNDING.—The budget justification materials submitted

to Congress with the budget of the President for fiscal year

2007 and each fiscal year thereafter shall include a description

of the amounts required in such fiscal year to carry out the

plan.

(b) REPORT ON SAFETY OF MAIL FOR DELIVERY.—

(1) REPORT REQUIRED.—Not later than 120 days after the

date of the enactment of this Act, the Secretary shall submit

to Congress a report on the safety of mail within the military

mail system for delivery.

(2) ELEMENTS.—The report shall include the following:

(A) An assessment of any existing deficiencies in the

military mail system in ensuring that mail within the

military mail system is safe for delivery.

(B) The plan required by subsection (a).

(C) An estimate of the time and resources required

to implement the plan.

(D) A description of the delegation within the Department of Defense of responsibility for ensuring that mail

within the military mail system is safe for delivery,

including responsibility for the development, implementation, and oversight of improvements to the military mail

system to ensure that mail within the military mail system

is safe for delivery.

(3) FORM.—The report shall be submitted in unclassified

form, but may include a classified annex.

(c) MAIL WITHIN THE MILITARY MAIL SYSTEM DEFINED.—

(1) IN GENERAL.—In this section, the term ‘‘mail within

the military mail system’’ means—

(A) any mail that is posted through the Military Post

Offices (including Army Post Offices (APOs) and Fleet Post

Offices (FPOs)), Department of Defense mail centers, military Air Mail Terminals, and military Fleet Mail Centers;

and

10 USC 113 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3447

(B) any mail or package posted in the United States

that is addressed to an unspecified member of the Armed

Forces.

(2) INCLUSIONS AND EXCEPTION.—The term includes any

official mail posted by the Department of Defense. The term

does not include any mail posted as otherwise described in

paragraph (1) that has been screened for safety for delivery

by the United States Postal Service before such posting.

TITLE XI—CIVILIAN PERSONNEL

MATTERS

SUBTITLE A—EXTENSIONS OF AUTHORITIES

Sec. 1101. Extension of eligibility to continue Federal employee health benefits.

Sec. 1102. Extension of Department of Defense voluntary reduction in force authority.

Sec. 1103. Extension of authority to make lump sum severance payments.

Sec. 1104. Permanent extension of Science, Mathematics, and Research for Transformation (SMART) Defense Education Program.

Sec. 1105. Authority to waive annual limitation on total compensation paid to

Federal civilian employees.

SUBTITLE B—VETERANS PREFERENCE MATTERS

Sec. 1111. Veterans’ preference status for certain veterans who served on active

duty during the period beginning on September 11, 2001, and ending as

of the close of Operation Iraqi Freedom.

Sec. 1112. Veterans’ preference eligibility for military reservists.

SUBTITLE C—OTHER MATTERS

Sec. 1121. Transportation of family members in connection with the repatriation

of Federal employees held captive.

Sec. 1122. Strategic human capital plan for civilian employees of the Department

of Defense.

Sec. 1123. Independent study on features of successful personnel management

systems of highly technical and scientific workforces.

Sec. 1124. Support by Department of Defense of pilot project for Civilian Linguist

Reserve Corps.

Sec. 1125. Increase in authorized number of positions in Defense Intelligence Senior Executive Service.

Subtitle A—Extensions of Authorities

SEC. 1101. EXTENSION OF ELIGIBILITY TO CONTINUE FEDERAL

EMPLOYEE HEALTH BENEFITS.

Section 8905a(d)(4)(B) of title 5, United States Code, is

amended—

(1) in clause (i), by striking ‘‘October 1, 2006’’ and inserting

‘‘October 1, 2010’’; and

(2) in clause (ii)—

(A) by striking ‘‘February 1, 2007’’ and inserting ‘‘February 1, 2011’’; and

(B) by striking ‘‘October 1, 2006’’ and inserting ‘‘October

1, 2010’’.

SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE VOLUNTARY

REDUCTION IN FORCE AUTHORITY.

Section 3502(f)(5) of title 5, United States Code, is amended

by striking ‘‘September 30, 2005’’ and inserting ‘‘September 30,

2010’’.

119 STAT. 3448 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 1103. EXTENSION OF AUTHORITY TO MAKE LUMP SUM SEVERANCE PAYMENTS.

Section 5595(i)(4) of title 5, United States Code, is amended

by striking ‘‘October 1, 2006’’ and inserting ‘‘October 1, 2010’’.

SEC. 1104. PERMANENT EXTENSION OF SCIENCE, MATHEMATICS, AND

RESEARCH FOR TRANSFORMATION (SMART) DEFENSE

EDUCATION PROGRAM.

(a) PERMANENT EXTENSION.—Section 1105 of the Ronald W.

Reagan National Defense Authorization Act for Fiscal Year 2005

(Public Law 108–375; 118 Stat. 2074; 10 U.S.C. 2192 note) is

amended—

(1) by striking ‘‘pilot’’ each place it appears in the section

and subsection headings and the text;

(2) in subsection (a)—

(A) by striking ‘‘(1)’’; and

(B) by striking paragraph (2);

(3) in subsection (b)—

(A) by striking ‘‘(b)’’ and all that follows through ‘‘a

scholarship’’ and inserting ‘‘(b) FINANCIAL ASSISTANCE.—

(1) Under the program under this section, the Secretary

of Defense may award a scholarship or fellowship’’;

(B) in paragraph (1)(B)—

(i) by striking ‘‘undergraduate’’ and inserting

‘‘associates degree, undergraduate degree,’’; and

(ii) by inserting ‘‘accredited’’ before ‘‘institution of

higher education’’;

(C) in paragraph (2)—

(i) by inserting ‘‘or fellowship’’ after ‘‘scholarship’’;

(ii) by inserting ‘‘equipment expenses,’’ after ‘‘laboratory expenses,’’; and

(iii) by striking the second sentence; and

(D) by adding at the end the following new paragraph:

‘‘(3) Financial assistance provided under a scholarship or fellowship awarded under this section may be paid directly to the recipient

of such scholarship or fellowship or to an administering entity

for disbursement of the funds.’’; and

(4) in subsection (c)—

(A) in the heading, by inserting ‘‘FINANCIAL’’ before

‘‘ASSISTANCE’’

(B) in paragraph (2)—

(i) by striking ‘‘a scholarship’’ and inserting ‘‘financial assistance’’;

(ii) by striking ‘‘the financial assistance provided

under the scholarship’’ and inserting ‘‘such financial

assistance’’; and

(iii) by striking the second sentence and inserting

the following: ‘‘Except as provided in subsection (d),

the period of service required of a recipient may not

be less than the total period of pursuit of a degree

that is covered by such financial assistance.’’.

(b) EMPLOYMENT OF PROGRAM PARTICIPANTS.—Such section is

further amended—

(1) by striking subsection (g);

(2) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3449

(3) by inserting after subsection (c) the following new subsection (d):

‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.—(1) The Secretary of Defense may—

‘‘(A) appoint or retain a person participating in the program

under this section in a position on an interim basis during

the period of such person’s pursuit of a degree under the

program and for a period not to exceed 2 years after completion

of the degree, but only if, in the case of the period after

completion of the degree—

‘‘(i) there is no readily available appropriate permanent

position for such person; and

‘‘(ii) there is an active and ongoing effort to identify

and assign such person to an appropriate permanent position as soon as practicable; and

‘‘(B) if there is no appropriate permanent position available

after the end of the periods described in subparagraph (A),

separate such person from employment with the Department

without regard to any other provision of law, in which event

the service agreement of such person under subsection (c) shall

terminate.

‘‘(2) The period of service of a person covered by paragraph

(1) in a position on an interim basis under that paragraph shall,

after completion of the degree, be treated as a period of service

for purposes of satisfying the obligated service requirements of

the person under the service agreement of the person under subsection (c).’’.

(c) REFUND FOR PERIOD OF UNSERVED OBLIGATED SERVICE.—

Paragraph (1) of subsection (e) of such section, as redesignated

by subsection (c)(1) of this section, is amended to read as follows:

‘‘(1)(A) A participant in the program under this section who

is not an employee of the Department of Defense and who voluntarily fails to complete the educational program for which financial

assistance has been provided under this section, or fails to maintain

satisfactory academic progress as determined in accordance with

regulations prescribed by the Secretary of Defense, shall refund

to the United States an appropriate amount, as determined by

the Secretary.

‘‘(B) A participant in the program under this section who is

an employee of the Department of Defense and who—

‘‘(i) voluntarily fails to complete the educational program

for which financial assistance has been provided, or fails to

maintain satisfactory academic progress as determined in

accordance with regulations prescribed by the Secretary; or

‘‘(ii) before completion of the period of obligated service

required of such participant—

‘‘(I) voluntarily terminates such participant’s employment with the Department; or

‘‘(II) is removed from such participant’s employment

with the Department on the basis of misconduct,

shall refund the United States an appropriate amount, as determined by the Secretary.’’.

(d) CODIFICATION.—

(1) AMENDMENT TO TITLE 10.—Chapter 111 of title 10,

United States Code, is amended—

(A) by inserting after section 2192 the following:

119 STAT. 3450 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘§ 2192a. Science, Mathematics, and Research for Transformation (SMART) Defense Education Program’’;

and

(B) by transferring and inserting the text of section

1105 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118

Stat. 2074; 10 U.S.C. 2192 note), as amended by subsections

(a), (b), and (c), so as to appear below the section heading

for section 2192a, as added by subparagraph (A).

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 2192 the following new item:

‘‘2192a. Science, Mathematics, and Research for Transformation (SMART) Defense

Education Program.’’.

(e) CONFORMING AMENDMENTS.—

(1) Section 1105 of the Ronald W. Reagan National Defense

Authorization Act for Fiscal Year 2005 (Public Law 108–375;

118 Stat. 2074; 10 U.S.C. 2192 note) is repealed.

(2) Section 3304(a)(3)(B)(ii) of title 5, United States Code,

is amended—

(A) by striking ‘‘Scholarship Pilot Program’’ and

inserting ‘‘Defense Education Program’’; and

(B) by striking ‘‘section 1105’’ and all that follows

through the period and inserting ‘‘section 2192a of title

10, United States Code.’’.

(f) EFFECT ON CURRENT PARTICIPANTS IN SMART PILOT PROGRAM.—Participation in the Science, Mathematics, and Research

for Transformation (SMART) Defense Scholarship Pilot Program

under section 1105 of Public Law 108–375 by an individual who

has entered into an agreement under that pilot program before

the date of the enactment of this Act shall be governed by the

terms of such agreement without regard to the amendments made

by this section.

SEC. 1105. AUTHORITY TO WAIVE ANNUAL LIMITATION ON TOTAL COMPENSATION PAID TO FEDERAL CIVILIAN EMPLOYEES.

(a) WAIVER AUTHORITY.—During 2006 and notwithstanding section 5547 of title 5, United States Code, the head of an executive

agency may waive, subject to subsection (b), the limitation established in that section for total compensation (including limitations

on the aggregate of basic pay and premium pay payable in a

calendar year) of an employee who performs work while in an

overseas location that is in the area of responsibility of the commander of the United States Central Command, in direct support

of or directly related to a military operation (including a contingency

operation as defined in section 101(13) of title 10, United States

Code).

(b) $200,000 MAXIMUM TOTAL COMPENSATION.—The total compensation of an employee whose pay is covered by a waiver under

subsection (a) may not exceed $200,000 in a calendar year.

(c) ADDITIONAL PAY NOT CONSIDERED BASIC PAY.—To the extent

that a waiver under subsection (a) results in payment of additional

premium pay of a type that is normally creditable as basic pay

for retirement or any other purpose, such additional pay—

(1) shall not be considered to be basic pay for any purpose;

and

10 USC 2192a

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3451

(2) shall not be used in computing a lump sum payment

for accumulated and accrued annual leave under section 5551

of title 5, United States Code.

Subtitle B—Veterans Preference Matters

SEC. 1111. VETERANS’ PREFERENCE STATUS FOR CERTAIN VETERANS

WHO SERVED ON ACTIVE DUTY DURING THE PERIOD

BEGINNING ON SEPTEMBER 11, 2001, AND ENDING AS OF

THE CLOSE OF OPERATION IRAQI FREEDOM.

(a) DEFINITION OF VETERAN.—Section 2108(1) of title 5, United

States Code, is amended—

(1) in subparagraph (B), by striking ‘‘or’’ at the end;

(2) in subparagraph (C), by adding ‘‘or’’ after the semicolon;

and

(3) by inserting after subparagraph (C) the following:

‘‘(D) served on active duty as defined by section 101(21)

of title 38 at any time in the armed forces for a period

of more than 180 consecutive days any part of which

occurred during the period beginning on September 11,

2001, and ending on the date prescribed by Presidential

proclamation or by law as the last date of Operation Iraqi

Freedom;’’.

(b) CONFORMING AMENDMENT.—Section 2108(3)(B) of such title

is amended by striking ‘‘paragraph (1)(B) or (C)’’ and inserting

‘‘paragraph (1)(B), (C), or (D)’’.

SEC. 1112. VETERANS’ PREFERENCE ELIGIBILITY FOR MILITARY

RESERVISTS.

(a) VETERANS’ PREFERENCE ELIGIBILITY.—Section 2108(1) of

title 5, United States Code, is amended by striking ‘‘separated

from’’ and inserting ‘‘discharged or released from active duty in’’.

(b) SAVINGS PROVISION.—Nothing in the amendment made by

subsection (a) may be construed to affect a determination made

before the date of enactment of this Act that an individual is

a preference eligible (as defined in section 2108(3) of title 5, United

States Code).

Subtitle C—Other Matters

SEC. 1121. TRANSPORTATION OF FAMILY MEMBERS IN CONNECTION

WITH THE REPATRIATION OF FEDERAL EMPLOYEES

HELD CAPTIVE.

(a) ALLOWANCES AUTHORIZED.—Chapter 57 of title 5, United

States Code, is amended by adding at the end the following new

section:

‘‘§ 5760. Travel and transportation allowances: transportation

of family members incident to the repatriation

of employees held captive

‘‘(a) ALLOWANCE FOR FAMILY MEMBERS AND CERTAIN OTHERS.—

(1) Under uniform regulations prescribed by the heads of agencies,

travel and transportation described in subsection (d) may be provided for not more than 3 family members of an employee described

in subsection (b).

5 USC 2108 note.

119 STAT. 3452 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(2) In addition to the family members authorized to be provided

travel and transportation under paragraph (1), the head of an

agency may provide travel and transportation described in subsection (d) to an attendant to accompany a family member described

in subsection (b) if the head of an agency determines—

‘‘(A) the family member to be accompanied is unable to

travel unattended because of age, physical condition, or other

reason determined by the head of the agency; and

‘‘(B) no other family member who is eligible for travel

and transportation under subsection (a) is able to serve as

an attendant for the family member.

‘‘(3) If no family member of an employee described in subsection

(b) is able to travel to the repatriation site of the employee, travel

and transportation described in subsection (d) may be provided

to not more than 2 persons related to and selected by the employee.

‘‘(b) COVERED EMPLOYEES.—An employee described in this subsection is an employee (as defined in section 2105 of this title)

who—

‘‘(1) was held captive, as determined by the head of an

agency concerned; and

‘‘(2) is repatriated to a site inside or outside the United

States.

‘‘(c) ELIGIBLE FAMILY MEMBERS.—In this section, the term

‘family member’ has the meaning given the term in section 411h(b)

of title 37.

‘‘(d) TRAVEL AND TRANSPORTATION AUTHORIZED.—(1) The

transportation authorized by subsection (a) is round-trip transportation between the home of the family member (or home of the

attendant or person provided transportation under paragraph (2)

or (3) of subsection (a), as the case may be) and the location

of the repatriation site at which the employee is located.

‘‘(2) In addition to the transportation authorized by subsection

(a), the head of an agency 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 established for such allowances and expenses under section 404(d) of

title 37.

‘‘(3) The transportation authorized by subsection (a) may be

provided by any of the means described in section 411h(d)(1) of

title 37.

‘‘(4) An allowance under this subsection may be paid in advance.

‘‘(5) Reimbursement payable under this subsection may not

exceed the cost of government-procured round-trip air travel.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 57 of such title is amended by adding at the

end the following new item:

‘‘5760. Travel and transportation allowances: transportation of family members incident to the repatriation of employees held captive.’’.

SEC. 1122. STRATEGIC HUMAN CAPITAL PLAN FOR CIVILIAN

EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

(a) PLAN REQUIRED.—(1) Not later than one year after the

date of the enactment of this Act, the Secretary of Defense shall

develop and submit to the Committees on Armed Services of the

Senate and House of Representatives a strategic plan to shape

and improve the civilian employee workforce of the Department

of Defense.

Deadline.

10 USC prec.

1580 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3453

(2) The plan shall be known as the ‘‘strategic human capital

plan’’.

(b) CONTENTS.—The strategic human capital plan required by

subsection (a) shall include—

(1) an assessment of—

(A) the critical skills and competencies that will be

needed in the future civilian employee workforce of the

Department of Defense to support national security requirements and effectively manage the Department over the

next decade;

(B) the skills and competencies of the existing civilian

employee workforce of the Department and projected trends

in that workforce based on expected losses due to retirement and other attrition; and

(C) gaps in the existing or projected civilian employee

workforce of the Department that should be addressed

to ensure that the Department has continued access to

the critical skills and competencies described in subparagraph (A); and

(2) a plan of action for developing and reshaping the civilian

employee workforce of the Department to address the gaps

in critical skills and competencies identified under paragraph

(1)(C), including—

(A) specific recruiting and retention goals, including

the program objectives of the Department to be achieved

through such goals; and

(B) specific strategies for development, training,

deploying, compensating, and motivating the civilian

employee workforce of the Department, including the program objectives of the Department to be achieved through

such strategies.

(c) ANNUAL UPDATES.—Not later than March 1 of each year

from 2007 through 2010, the Secretary shall update the strategic

human capital plan required by subsection (a), as previously

updated under this subsection.

(d) ANNUAL REPORTS.—Not later than March 1 of each year

from 2007 through 2010, the Secretary shall submit to the appropriate committees of Congress—

(1) the update of the strategic human capital plan prepared

in such year under subsection (c); and

(2) the assessment of the Secretary, using results-oriented

performance measures, of the progress of the Department of

Defense in implementing the strategic human capital plan.

(e) COMPTROLLER GENERAL REVIEW.—Not later than 90 days

after the Secretary submits under subsection (a) the strategic

human capital plan required by that subsection, the Comptroller

General shall submit to the Committees on Armed Services of

the Senate and House of Representatives a report on the plan.

SEC. 1123. INDEPENDENT STUDY ON FEATURES OF SUCCESSFUL PERSONNEL MANAGEMENT SYSTEMS OF HIGHLY TECHNICAL

AND SCIENTIFIC WORKFORCES.

(a) INDEPENDENT STUDY.—The Secretary of Defense shall

commission an independent study to identify the features of successful personnel management systems of the highly technical and

scientific workforces of the Department of Defense laboratories and

similar scientific facilities and institutions.

Deadline.

Reports.

Deadline.

119 STAT. 3454 PUBLIC LAW 109–163—JAN. 6, 2006

(b) ELEMENTS.—The study required by subsection (a) shall

include the following:

(1) An examination of the personnel management authorities under statute or regulation currently being used, or available for use, at Department of Defense demonstration laboratories to assist in the management of the workforce of such

laboratories.

(2) A list of personnel management authorities and practices critical to successful mission execution, obtained through

interviews with selected, premier government and private

sector laboratory directors.

(3) A comparative assessment of the effectiveness of the

Department of Defense technical workforce management

authorities and practices with that of other similar entities.

(4) Such recommendations as are considered appropriate

for the effective use of available personnel management authorities to ensure the successful personnel management of the

highly technical and scientific workforce of the Department

of Defense.

SEC. 1124. SUPPORT BY DEPARTMENT OF DEFENSE OF PILOT PROJECT

FOR CIVILIAN LINGUIST RESERVE CORPS.

Subject to the availability of appropriated funds, the Secretary

of Defense may support implementation of the Civilian Linguist

Reserve Corps pilot project authorized by section 613 of the Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108–

487; 118 Stat. 3959; 50 U.S.C. 403–1b note).

SEC. 1125. INCREASE IN AUTHORIZED NUMBER OF POSITIONS IN

DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.

Section 1606(a) of title 10, United States Code, is amended

by striking ‘‘544’’ and inserting ‘‘594’’.

TITLE XII—MATTERS RELATING TO

FOREIGN NATIONS

SUBTITLE A—ASSISTANCE AND TRAINING

Sec. 1201. Extension of humanitarian and civic assistance provided to host nations

in conjunction with military operations. Sec. 1202. Commanders’ Emergency Response Program.

Sec. 1203. Modification of geographic restriction under bilateral and regional cooperation programs for payment of certain expenses of defense personnel of developing countries. Sec. 1204. Authority for Department of Defense to enter into acquisition and crossservicing agreements with regional organizations of which the United

States is not a member.

Sec. 1205. Two-year extension of authority for payment of certain administrative

services and support for coalition liaison officers. Sec. 1206. Authority to build the capacity of foreign military forces.

Sec. 1207. Security and stabilization assistance.

Sec. 1208. Reimbursement of certain coalition nations for support provided to

United States military operations. Sec. 1209. Authority to transfer defense articles and provide defense services to the

military and security forces of Iraq and Afghanistan.

SUBTITLE B—NONPROLIFERATION MATTERS AND COUNTRIES OF CONCERN

Sec. 1211. Prohibition on procurements from Communist Chinese military companies.

Sec. 1212. Report on nonstrategic nuclear weapons.

SUBTITLE C—REPORTS AND SENSE OF CONGRESS PROVISIONS

Sec. 1221. War-related reporting requirements.

50 USC 403–1b

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3455

Sec. 1222. Quarterly reports on war strategy in Iraq.

Sec. 1223. Report on records of civilian casualties in Afghanistan and Iraq.

Sec. 1224. Annual report on Department of Defense costs to carry out United Nations resolutions.

Sec. 1225. Report on claims related to the bombing of the LaBelle Discotheque.

Sec. 1226. Sense of Congress concerning cooperation with Russia on issues pertaining to missile defense. Sec. 1227. United States policy on Iraq.

SUBTITLE D—OTHER MATTERS

Sec. 1231. Purchase of weapons overseas for force protection purposes in countries

in which combat operations are ongoing. Sec. 1232. Riot control agents.

Sec. 1233. Requirement for establishment of certain criteria applicable to Global

Posture Review.

Sec. 1234. The United States-China Economic Security Review Commission.

Subtitle A—Assistance and Training

SEC. 1201. EXTENSION OF HUMANITARIAN AND CIVIC ASSISTANCE

PROVIDED TO HOST NATIONS IN CONJUNCTION WITH

MILITARY OPERATIONS.

(a) LIMITATION ON AMOUNT OF ASSISTANCE FOR CLEARANCE

OF LANDMINES, ETC.—Subsection (c)(3) of section 401 of title 10,

United States Code is amended by striking ‘‘$5,000,000’’ and

inserting ‘‘$10,000,000’’.

(b) EXTENSION AND CLARIFICATION OF TYPES OF HEALTH CARE

AUTHORIZED.—Subsection (e)(1) of such section is amended—

(1) by inserting ‘‘surgical,’’ before ‘‘dental,’’ both places it

appears; and

(2) by inserting ‘‘, including education, training, and technical assistance related to the care provided’’ before the period

at the end.

SEC. 1202. COMMANDERS’ EMERGENCY RESPONSE PROGRAM.

(a) AUTHORITY FOR FISCAL YEARS 2006 AND 2007.—During each

of fiscal years 2006 and 2007, from funds made available to the

Department of Defense for operation and maintenance for such

fiscal year, not to exceed $500,000,000 may be used by the Secretary

of Defense in such fiscal year to provide funds—

(1) for the Commanders’ Emergency Response Program;

and

(2) for a similar program to assist the people of Afghanistan.

(b) QUARTERLY REPORTS.—Not later than 15 days after the

end of each fiscal-year quarter of fiscal years 2006 and 2007, 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 of the programs under

subsection (a).

(c) SUBMISSION OF GUIDANCE.—

(1) INITIAL SUBMISSION.—Not later than 30 days after the

date of the enactment of this Act, the Secretary of Defense

shall submit to the congressional defense committees a copy

of the guidance issued by the Secretary to the Armed Forces

concerning the allocation of funds through the Commanders’

Emergency Response Program and any similar program to

assist the people of Afghanistan.

119 STAT. 3456 PUBLIC LAW 109–163—JAN. 6, 2006

(2) MODIFICATIONS.—If the guidance in effect for the purpose stated in paragraph (1) is modified, the Secretary shall

submit to the congressional defense committees a copy of the

modification not later than 15 days after the date on which

the Secretary makes the modification.

(d) WAIVER AUTHORITY.—For purposes of exercising the

authority provided by this section or any other provision of law

making funding available for the Commanders’ Emergency

Response Program or any similar program to assist the people

of Afghanistan, the Secretary of Defense 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.

(e) COMMANDERS’ EMERGENCY RESPONSE PROGRAM DEFINED.—

In this section, the term ‘‘Commanders’ Emergency Response Program’’ means the 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 responsibility by carrying out programs that will immediately assist the Iraqi people.

SEC. 1203. MODIFICATION OF GEOGRAPHIC RESTRICTION UNDER

BILATERAL AND REGIONAL COOPERATION PROGRAMS

FOR PAYMENT OF CERTAIN EXPENSES OF DEFENSE PERSONNEL OF DEVELOPING COUNTRIES.

Section 1051(b)(1) of title 10, United States Code, is amended—

(1) by inserting ‘‘to and’’ after ‘‘in connection with travel’’;

and

(2) by striking ‘‘in which the developing country is located’’

and inserting ‘‘in which the bilateral or regional conference,

seminar, or similar meeting for which expenses are authorized

is located’’.

SEC. 1204. AUTHORITY FOR DEPARTMENT OF DEFENSE TO ENTER INTO

ACQUISITION AND CROSS-SERVICING AGREEMENTS

WITH REGIONAL ORGANIZATIONS OF WHICH THE UNITED

STATES IS NOT A MEMBER.

Subchapter I of chapter 138 of title 10, United States Code,

is amended by striking ‘‘of which the United States is a member’’

in sections 2341(1), 2342(a)(1)(C), and 2344(b)(4).

SEC. 1205. TWO-YEAR EXTENSION OF AUTHORITY FOR PAYMENT OF

CERTAIN ADMINISTRATIVE SERVICES AND SUPPORT FOR

COALITION LIAISON OFFICERS.

Section 1051a(e) of title 10, United States Code, is amended

by striking ‘‘September 30, 2005’’ and inserting ‘‘September 30,

2007’’.

SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

(a) AUTHORITY.—The President may direct the Secretary of

Defense to conduct or support a program to build the capacity

of a foreign country’s national military forces in order for that

country to—

(1) conduct counterterrorist operations; or

Records.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3457

(2) participate in or support military and stability operations in which the United States Armed Forces are a participant.

(b) TYPES OF CAPACITY BUILDING.— (1) AUTHORIZED ELEMENTS.—The program directed by the

President under subsection (a) may include the provision of

equipment, supplies, and training.

(2) REQUIRED ELEMENTS.—The program directed by the

President under subsection (a) shall include elements that

promote—

(A) observance of and respect for human rights and

fundamental freedoms; and

(B) respect for legitimate civilian authority within that

country.

(c) LIMITATIONS.— (1) ANNUAL FUNDING LIMITATION.—The Secretary of Defense may use up to $200,000,000 of funds available for

defense-wide operation and maintenance for any fiscal year

to conduct or support activities directed by the President under

subsection (a) in that fiscal year.

(2) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The President may not use the authority in subsection (a) to provide

any type of assistance described in subsection (b) that is otherwise prohibited by any provision of law.

(3) LIMITATION ON ELIGIBLE COUNTRIES.—The President

may not use the authority in subsection (a) to provide assistance

described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under

any other provision of law.

(d) FORMULATION AND EXECUTION OF PROGRAM.—The Secretary

of Defense and the Secretary of State shall jointly formulate any

program directed by the President under subsection (a). The Secretary of Defense shall coordinate with the Secretary of State in

the implementation of any program directed by the President under

subsection (a).

(e) CONGRESSIONAL NOTIFICATION.—

(1) PRESIDENTIAL DIRECTION.—At the time the President

directs the Secretary of Defense to conduct or support a program

authorized in subsection (a), the President shall provide a written copy of that direction to the Congress.

(2) ACTIVITIES IN A COUNTRY.—Not less than 15 days before

initiating activities in any country as directed by the President

under subsection (a), the Secretary of Defense, in coordination

with the Secretary of State, shall submit to the congressional

committees specified in paragraph (3) a notice of the following:

(A) The country whose capacity to engage in activities

in subsection (a) will be built.

(B) The budget, implementation timeline with milestones, and completion date for completing the program

directed by the President.

(C) The source and planned expenditure of funds to

complete the program directed by the President.

(3) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional committees specified in this paragraph are the following:

(A) The Committee on Armed Services, the Committee

on Foreign Relations, and the Committee on Appropriations

of the Senate.

119 STAT. 3458 PUBLIC LAW 109–163—JAN. 6, 2006

(B) The Committee on Armed Services, the Committee

on International Relations, and the Committee on Appropriations of the House of Representatives.

(f) REPORT.—Not later than one year after the date of the

enactment of this Act, the President shall transmit to the congressional committees specified in subsection (e)(3) a report examining

the following issues:

(1) The strengths and weaknesses of the Foreign Assistance

Act of 1961, the Arms Export Control Act, and any other

provision of law related to the building of the capacity of

foreign governments or the training and equipping of foreign

military forces, including strengths and weaknesses for the

purposes described in subsection (a).

(2) The changes, if any, that should be made to the Foreign

Assistance Act of 1961, the Arms Export Control Act, and

any other relevant provision of law that would improve the

ability of the United States Government to build the capacity

of foreign governments or train and equip foreign military

forces, including for the purposes described in subsection (a).

(3) The organizational and procedural changes, if any, that

should be made in the Department of State and the Department

of Defense to improve their ability to conduct programs to

build the capacity of foreign governments or train and equip

foreign military forces, including for the purposes described

in subsection (a).

(4) The resources and funding mechanisms required to

assure adequate funding for such programs.

(g) TERMINATION OF PROGRAM.—The authority of the President

under subsection (a) to direct the Secretary of Defense to conduct

a program terminates at the close of September 30, 2007. Any

program directed before that date may be completed, but only

using funds available for fiscal year 2006 or fiscal year 2007.

SEC. 1207. SECURITY AND STABILIZATION ASSISTANCE.

(a) AUTHORITY.—The Secretary of Defense may provide services

to, and transfer defense articles and funds to, the Secretary of

State for the purposes of facilitating the provision by the Secretary

of State of reconstruction, security, or stabilization assistance to

a foreign country.

(b) LIMITATION.—The aggregate value of all services, defense

articles, and funds provided or transferred to the Secretary of

State under this section in any fiscal year may not exceed

$100,000,000.

(c) AVAILABILITY OF FUNDS.—Any funds transferred to the Secretary of State under this section may remain available until

expended.

(d) CONGRESSIONAL NOTIFICATION.—

(1) REQUIREMENT FOR NOTICE.—Whenever the Secretary

of Defense exercises the authority under subsection (a), the

Secretary shall, at the time the authority is exercised, notify

the congressional committees specified in paragraph (3) of the

exercise of that authority. Any such notification shall be prepared in coordination with the Secretary of State.

(2) CONTENT OF NOTIFICATION.—Any notification under

paragraph (1) shall include a description of—

(A) the services, defense articles, or funds provided

or transferred to the Secretary of State; and

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3459

(B) the purpose for which such services, defense articles, and funds will be used.

(3) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional committees specified in this paragraph are the following:

(A) The Committee on Armed Services, the Committee

on Foreign Relations, and the Committee on Appropriations

of the Senate.

(B) The Committee on Armed Services, the Committee

on International Relations, and the Committee on Appropriations of the House of Representatives.

(e) APPLICABLE LAW.—Any services, defense articles, or funds

provided or transferred to the Secretary of State under the authority

of this section that the Secretary of State uses to provide reconstruction, security, or stabilization assistance to a foreign country shall

be subject to the authorities and limitations in the Foreign Assistance Act of 1961, the Arms Export Control Act, or any law making

appropriations to carry out such Acts.

(f) EXPIRATION.—The authority provided under subsection (a)

may not be exercised after September 30, 2007.

SEC. 1208. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR

SUPPORT PROVIDED TO UNITED STATES MILITARY

OPERATIONS.

(a) AUTHORITY.—From funds made available for the Department of Defense by title XV for Defense-Wide Operation and Maintenance, the Secretary of Defense may reimburse any key cooperating

nation for logistical and military support provided by that nation

to or in connection with United States military operations in Iraq,

Afghanistan, and the global war on terrorism.

(b) DETERMINATIONS.—Payments authorized under subsection

(a) may be made in such amounts as the Secretary of Defense,

with the concurrence of the Secretary of State and in consultation

with the Director of the Office of Management and Budget, may

determine, in the Secretary’s discretion, based on documentation

determined by the Secretary of Defense to adequately account for

the support provided. Any such determination by the Secretary

of Defense shall be final and conclusive upon the accounting officers

of the United States. To the maximum extent practicable, the

Secretary shall develop standards for determining the kinds of

logistical and military support to the United States that shall

be considered reimbursable under this section.

(c) LIMITATIONS.—

(1) TOTAL AMOUNT.—The total amount of payments made

under the authority of this section during fiscal year 2006

may not exceed $1,500,000,000.

(2) PROHIBITION ON CONTRACTUAL OBLIGATIONS TO MAKE

PAYMENTS.—The Secretary may not enter into any contractual

obligation to make a payment under the authority of this section.

(d) CONGRESSIONAL NOTIFICATIONS.—The Secretary of

Defense—

(1) shall notify the congressional defense committees not

less than 15 days before making any payment under the

authority of this section; and

(2) shall submit to those committees quarterly reports on

the use of the authority under this section.

Reports.

119 STAT. 3460 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 1209. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ AND AFGHANISTAN.

(a) AUTHORITY.—The President is authorized to transfer defense

articles from the stocks of the Department of Defense and to provide

defense services in connection with the transfer of such defense

articles to the military and security forces of Iraq and Afghanistan

in order to support the efforts of those forces to restore and maintain

peace and security in those countries.

(b) LIMITATION.—The aggregate value of all defense articles

transferred and defense services provided to Iraq and Afghanistan

under subsection (a) may not exceed $500,000,000.

(c) APPLICABLE LAW.—Any defense articles transferred or

defense services provided to Iraq or Afghanistan under the authority

of subsection (a) shall be subject to the authorities and limitations

applicable to the transfer of excess defense articles under section

516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), other

than the authorities and limitations contained in subsections

(b)(1)(B), (e), (f), and (g) of such section.

(d) NOTIFICATION.— (1) IN GENERAL.—The President may not transfer defense

articles or provide defense services under subsection (a) until

15 days after the date on which the President has provided

notice of the proposed transfer of defense articles or provision

of defense services to the appropriate congressional committees.

(2) CONTENTS.—Such notification shall include—

(A) the information required by subparagraphs (A)

through (D) of section 516(f)(2) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2321j(f)(2)(A) through (D));

(B) a description of the amount and type of each

defense article to be transferred or defense service to be

provided and the brigade-level unit from which the defense

article is to be transferred or defense service is to be

provided, if applicable; and

(C) an identification of the element of the military

or security force that is the proposed recipient of each

defense article to be transferred or defense service to be

provided.

(e) DEFINITIONS.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means—

(A) the Committee on Appropriations, the Committee

on Armed Services, and the Committee on International

Relations of the House of Representatives; and

(B) the Committee on Appropriations, the Committee

on Armed Services, and the Committee on Foreign Relations of the Senate.

(2) DEFENSE ARTICLES.—The term ‘‘defense articles’’ has

the meaning given the term in section 644(d) of the Foreign

Assistance Act of 1961 (22 U.S.C. 2403(d)).

(3) DEFENSE SERVICES.—The term ‘‘defense services’’ has

the meaning given the term in section 644(f) of such Act (22

U.S.C. 2403(f)).

(4) MILITARY AND SECURITY FORCES.—The term ‘‘military

and security forces’’ has the meaning given the term in section

1202(e) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375).

President.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3461

(f) EXPIRATION.—The authority provided under subsection (a)

may not be exercised after September 30, 2006.

Subtitle B—Nonproliferation Matters and

Countries of Concern

SEC. 1211. PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE MILITARY COMPANIES.

(a) PROHIBITION.—The Secretary of Defense may not procure

goods or services described in subsection (b), through a contract

or any subcontract (at any tier) under a contract, from any Communist Chinese military company.

(b) GOODS AND SERVICES COVERED.—For purposes of subsection

(a), the goods and services described in this subsection are goods

and services on the munitions list of the International Trafficking

in Arms Regulations, other than goods or services procured—

(1) in connection with a visit by a vessel or an aircraft

of the United States Armed Forces to the People’s Republic

of China;

(2) for testing purposes; or

(3) for purposes of gathering intelligence.

(c) WAIVER AUTHORIZED.—The Secretary of Defense may waive

the prohibition in subsection (a) if the Secretary determines such

a waiver is necessary for national security purposes. The Secretary

shall notify the congressional defense committees of each waiver

made under this subsection.

(d) DEFINITIONS.—In this section:

(1) The term ‘‘Communist Chinese military company’’ has

the meaning provided that term by section 1237(b)(4) of the

Strom Thurmond National Defense Authorization Act for Fiscal

Year 1999 (50 U.S.C. 1701 note).

(2) The term ‘‘munitions list of the International Trafficking

in Arms Regulations’’ means the United States Munitions List

contained in part 121 of subchapter M of title 22 of the Code

of Federal Regulations.

SEC. 1212. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

(a) REVIEW.—Not later than six months after the date of the

enactment of this Act, the Secretary of Defense shall, in consultation

with the Secretary of State and the Secretary of Energy, conduct

a review of United States and Russian nonstrategic nuclear weapons

and determine whether it is in the national security interest of

the United States—

(1) to reduce the number of United States and Russian

nonstrategic nuclear weapons;

(2) to improve the security of United States and Russian

nonstrategic nuclear weapons in storage and during transport;

(3) to identify and develop mechanisms and procedures

to implement transparent reductions in nonstrategic nuclear

weapons; and

(4) to identify and develop mechanisms and procedures

to implement the transparent dismantlement of excess nonstrategic nuclear weapons.

(b) REPORT.— (1) IN GENERAL.—The Secretary of Defense shall submit

to the congressional defense committees a joint report, prepared

10 USC 2302

note.

119 STAT. 3462 PUBLIC LAW 109–163—JAN. 6, 2006

in consultation with the Secretary of State and the Secretary

of Energy, on the results of the review required under subsection (a). The report shall include a plan to implement, not

later than October 1, 2006, actions determined as a result

of the review to be in the United States national security

interest.

(2) FORM.—The report required under paragraph (1) shall

be submitted in unclassified form, but may include a classified

annex.

Subtitle C—Reports and Sense of Congress

Provisions

SEC. 1221. WAR-RELATED REPORTING REQUIREMENTS.

(a) REPORT REQUIRED FOR OPERATION IRAQI FREEDOM, OPER- ATION ENDURING FREEDOM, AND OPERATION NOBLE EAGLE.—The

Secretary of Defense shall submit to the congressional defense

committees, in accordance with this section, a report on procurement and equipment maintenance costs for each of Operation Iraqi

Freedom, Operation Enduring Freedom, and Operation Noble Eagle

and on facility infrastructure costs associated with each of Operation

Iraqi Freedom and Operation Enduring Freedom. The report shall

include the following:

(1) PROCUREMENT.—A specification of costs of procurement

funding requested since fiscal year 2003, together with enditem quantities requested and the purpose of the request (such

as replacement for battle losses, improved capability, increase

in force size, restructuring of forces), shown by service.

(2) EQUIPMENT MAINTENANCE.—A cost comparison of the

requirements for equipment maintenance expenditures during

peacetime and for such requirements during wartime, as shown

by the requirements in each of Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle. The cost

comparison shall include—

(A) a description of the effect of war operations on

the backlog of maintenance requirements over the period

of fiscal years 2003 to the time of the report; and

(B) an examination of the extent to which war operations have precluded maintenance from being performed

because equipment was unavailable.

(3) OPERATION IRAQI FREEDOM AND OPERATION ENDURING

FREEDOM INFRASTRUCTURE.—A specification of the number of

United States military personnel that can be supported by

the facility infrastructure in Iraq and Afghanistan and in the

neighboring countries from where Operation Iraq Freedom and

Operation Enduring Freedom are supported.

(b) SUBMISSION REQUIREMENTS.—The report under subsection

(a) shall be submitted not later than 180 days after the date

of the enactment of this Act. The Secretary of Defense shall submit

an updated report on procurement, equipment maintenance, and

military construction costs, as specified in subsection (a), concurrently with any request made to Congress after the date of the

enactment of this Act for war-related funding.

(c) SUBMISSION TO GAO OF CERTAIN REPORTS ON COSTS.—The

Secretary of Defense shall submit to the Comptroller General, not

later than 45 days after the end of each reporting month, the

10 USC 113 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3463

Department of Defense Supplemental and Cost of War Execution

reports. Based on these reports, the Comptroller General shall

provide to Congress quarterly updates on the costs of Operation

Iraqi Freedom and Operation Enduring Freedom.

SEC. 1222. QUARTERLY REPORTS ON WAR STRATEGY IN IRAQ.

(a) QUARTERLY REPORTS.—At the same time the Secretary of

Defense submits to Congress each report on stability and security

in Iraq that is submitted to Congress after the date of the enactment

of this Act under the Joint Explanatory Statement of the Committee

on Conference to accompany the conference report on the bill H.R.

1268 of the 109th Congress, the Secretary of Defense and appropriate personnel of the Central Intelligence Agency shall provide

the appropriate committees of Congress a briefing on the strategy

for the war in Iraq, including the intelligence and other measures

of evaluation used in determining the progress made in the execution of that strategy.

(b) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committee on Armed Services, the Select Committee

on Intelligence, and the Committee on Appropriations of the

Senate; and

(2) the Committee on Armed Services, the Permanent Select

Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.

(c) TERMINATION OF REQUIREMENT.—This section shall cease

to be in effect after 12 of the quarterly briefings specified in subsection (a) have been provided or December 31, 2008, whichever

is later.

SEC. 1223. REPORT ON RECORDS OF CIVILIAN CASUALTIES IN

AFGHANISTAN AND IRAQ.

(a) REPORT.—Not later than 90 days after the date of the

enactment of this Act, the Secretary of Defense shall submit to

the congressional defense committees a report on records of civilian

casualties in Afghanistan and Iraq.

(b) MATTERS TO BE INCLUDED.—The report under subsection

(a) shall include the following:

(1) Whether records of civilian casualties in Afghanistan

and Iraq are kept by the United States Armed Forces and

if such records are kept—

(A) how and from what sources the information for

those records is collected;

(B) where those records are kept; and

(C) what officials or organizations are responsible for

maintaining those records.

(2) Whether such records (if kept) contain—

(A) any information relating to the circumstances

under which the casualties occurred and whether those

casualties were fatalities or injuries;

(B) information as to whether any condolence payment,

compensation, or assistance was provided to the victim

or to the victim’s family; and

(C) any other information relating to those casualties.

SEC. 1224. ANNUAL REPORT ON DEPARTMENT OF DEFENSE COSTS

TO CARRY OUT UNITED NATIONS RESOLUTIONS.

(a) REQUIREMENT FOR ANNUAL REPORT.—

10 USC 113 note.

119 STAT. 3464 PUBLIC LAW 109–163—JAN. 6, 2006

(1) DEPARTMENT OF DEFENSE COSTS.—Not later than April

30 of each year, the Secretary of Defense shall submit to the

congressional committees specified in paragraph (2) a report

on Department of Defense costs during the preceding fiscal

year to carry out United Nations resolutions.

(2) SPECIFIED COMMITTEES.—The committees specified in

this paragraph are—

(A) the Committee on Armed Services, the Committee

on Foreign Relations, and the Committee on Appropriations

of the Senate; and

(B) the Committee on Armed Services, the Committee

on International Relations, and the Committee on Appropriations of the House of Representatives.

(b) MATTERS TO BE INCLUDED.—Each report under subsection

(a) shall set forth the following:

(1) All direct and indirect costs (including incremental

costs) incurred by the Department of Defense during the preceding fiscal year in implementing or supporting any resolution

adopted by the United Nations Security Council, including any

such resolution calling for—

(A) international sanctions;

(B) international peacekeeping operations;

(C) international peace enforcement operations;

(D) monitoring missions;

(E) observer missions; or

(F) humanitarian missions.

(2) An aggregate of all such Department of Defense costs

by operation or mission and the total cost to United Nations

members of each operation or mission.

(3) All direct and indirect costs (including incremental

costs) incurred by the Department of Defense during the preceding fiscal year in training, equipping, and otherwise

assisting, preparing, providing resources for, and transporting

foreign defense or security forces for implementing or supporting any resolution adopted by the United Nations Security

Council, including any such resolution specified in paragraph

(1).

(4) All efforts made to seek credit against past United

Nations expenditures.

(5) All efforts made to seek compensation from the United

Nations for costs incurred by the Department of Defense in

implementing and supporting United Nations activities.

(c) COORDINATION.—The report under subsection (a) each year

shall be prepared in coordination with the Secretary of State.

(d) FORM OF REPORT.—Each report required by this section

shall be submitted in unclassified form, but may include a classified

annex.

SEC. 1225. REPORT ON CLAIMS RELATED TO THE BOMBING OF THE

LABELLE DISCOTHEQUE.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the Government of Libya should be commended for

the steps the Government has taken to renounce terrorism

and to eliminate Libya’s weapons of mass destruction and

related programs; and

(2) an important priority for improving relations between

the United States and Libya should be a good faith effort

Germany.

Libya.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3465

on the part of the Government of Libya to resolve the claims

of members of the Armed Forces of the United States and

other United States citizens who were injured in the bombing

of the LaBelle Discotheque in Berlin, Germany that occurred

in April 1986, and of family members of members of the Armed

Forces of the United States who were killed in that bombing.

(b) REPORTS.— (1) INITIAL REPORT.—Not later than 90 days after the date

of enactment of this Act, the Secretary of State shall submit

to the appropriate congressional committees a report on the

status of negotiations between the Government of Libya and

United States claimants in connection with the bombing of

the LaBelle Discotheque in Berlin, Germany that occurred in

April 1986, regarding resolution of their claims. The report

shall also include information on efforts by the Government

of the United States to urge the Government of Libya to make

a good faith effort to resolve such claims.

(2) UPDATE.—Not later than one year after enactment of

this Act, the Secretary of State shall submit to the appropriate

congressional committees an update of the report required by

paragraph (1).

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In

this section, the term ‘‘appropriate congressional committees’’ means

the Committee on Armed Services and the Committee on Foreign

Relations of the Senate and the Committee on Armed Services

and the Committee on International Relations of the House of

Representatives.

SEC. 1226. SENSE OF CONGRESS CONCERNING COOPERATION WITH

RUSSIA ON ISSUES PERTAINING TO MISSILE DEFENSE.

It is the sense of Congress that—

(1) cooperation between the United States and Russia with

regard to missile defense is in the interest of the United States;

(2) there does not exist strong enough engagement between

the United States and Russia with respect to missile defense

cooperation;

(3) the United States should explore innovative and nontraditional means of cooperation with Russia on issues pertaining to missile defense; and

(4) as part of such an effort, the Secretary of Defense

should consider the possibilities for United States-Russian

cooperation with respect to missile defense through—

(A) the testing of specific elements of the detection

and tracking equipment of the Missile Defense Agency

of the United States Department of Defense through the

use of Russian target missiles;

(B) the provision of early warning radar to the Missile

Defense Agency by the use of Russian radar data; and

(C) the implementation of the Joint Data Exchange

Center in Moscow to improve early warning capabilities.

SEC. 1227. UNITED STATES POLICY ON IRAQ.

(a) SHORT TITLE.—This section may be cited as the ‘‘United

States Policy in Iraq Act’’.

(b) SENSE OF CONGRESS.—It is the sense of the Congress that,

in order to succeed in Iraq—

(1) members of the United States Armed Forces who are

serving or have served in Iraq and their families deserve the

United States

Policy in Iraq

Act.

50 USC 1541

note.

119 STAT. 3466 PUBLIC LAW 109–163—JAN. 6, 2006

utmost respect and the heartfelt gratitude of the American

people for their unwavering devotion to duty, service to the

Nation, and selfless sacrifice under the most difficult circumstances; the United States Congress supports our troops

and supports a successful conclusion to their mission;

(2) it is important to recognize that the Iraqi people have

made enormous sacrifices and that the overwhelming majority

of Iraqis want to live in peace and security; and that the

Iraqi security forces in a growing number of incidences are

fighting side-by-side with coalition forces, are increasing in

numbers and improving in military capability;

(3) the terrorists seeking to prevent the emergence of a

secure, stable, peaceful, and democratic Iraq are led by individuals seeking to restore dictatorship in Iraq or who want to

advance al Qaeda’s broad vision of violently extreme Islam

in the Middle East;

(4) calendar year 2006 should be a period of significant

transition to full Iraqi sovereignty, with Iraqi security forces

taking the lead for the security of a free and sovereign Iraq,

thereby creating the conditions for the phased redeployment

of United States forces from Iraq;

(5) United States military forces should not stay in Iraq

any longer than required and the professional military judgment of our senior military should be a key factor in future

decisions;

(6) the Administration should tell the leaders of all groups

and political parties in Iraq that they need to make the compromises necessary to achieve the broad-based and sustainable

political settlement that is essential for defeating the insurgency in Iraq, within the schedule they set for themselves;

and

(7) the President has committed to continue to explain

to Congress and the American people progress toward a successful completion of the mission in Iraq.

(c) REPORTS TO CONGRESS ON UNITED STATES POLICY AND MILITARY OPERATIONS IN IRAQ.—Not later than 90 days after the date

of the enactment of this Act, and every three months thereafter

until all United States combat brigades have redeployed from Iraq,

the President shall submit to Congress a report on United States

policy and military operations in Iraq. To the maximum extent

practicable, the report required in (c) shall be unclassified, with

a classified annex if necessary. Each report shall include to the

extent practical, the following information:

(1) The current military mission and the diplomatic, political, economic, and military measures that are being or have

been undertaken to successfully complete or support that mission, including:

(A) Efforts to convince Iraq’s main communities to

make the compromises necessary for a broad-based and

sustainable political settlement.

(B) Engaging the international community and the

region in efforts to stabilize Iraq and to forge a broadbased and sustainable political settlement.

(C) Strengthening the capacity of Iraq’s government

ministries.

(D) Accelerating the delivery of basic services.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3467

(E) Securing the delivery of pledged economic assistance from the international community and additional

pledges of assistance.

(F) Training Iraqi security forces and transferring additional security responsibilities to those forces and the

government of Iraq.

(2) Whether the Iraqis have made the compromises necessary to achieve the broad-based and sustainable political

settlement that is essential for defeating the insurgency in

Iraq.

(3) Any specific conditions included in the April 2005 MultiNational Forces-Iraq campaign action plan (referred to in

United States Government Accountability Office October 2005

report on Rebuilding Iraq: DOD Reports Should Link Economic,

Governance, and Security Indicators to Conditions for Stabilizing Iraq), and any subsequent updates to that campaign

plan, that must be met in order to provide for the transition

of additional security responsibility to Iraqi security forces.

(4) To the extent that these conditions are not covered

under paragraph (3), the following should also be addressed:

(A) The number of battalions of the Iraqi Armed Forces

that must be able to operate independently or to take

the lead in counterinsurgency operations and the defense

of Iraq’s territory.

(B) The number of Iraqi special police units that must

be able to operate independently or to take the lead in

maintaining law and order and fighting the insurgency.

(C) The number of regular police that must be trained

and equipped to maintain law and order.

(D) The ability of Iraq’s Federal ministries and provincial and local governments to independently sustain, direct,

and coordinate Iraq’s security forces.

(5) The criteria to be used to evaluate progress toward

meeting such conditions.

(6) A plan for meeting such conditions, an assessment

of the extent to which such conditions have been met, information regarding variables that could alter that plan, and the

reasons for any subsequent changes to that plan.

Subtitle D—Other Matters

SEC. 1231. PURCHASE OF WEAPONS OVERSEAS FOR FORCE PROTECTION PURPOSES IN COUNTRIES IN WHICH COMBAT OPERATIONS ARE ONGOING.

(a) FORCE PROTECTION PURCHASES.—Chapter 3 of title 10,

United States Code, is amended by inserting after section 127b

the following new section:

‘‘§ 127c. Purchase of weapons overseas: force protection

‘‘(a) AUTHORITY.—When elements of the armed forces are

engaged in ongoing military operations in a country, the Secretary

of Defense may, for the purpose of protecting United States forces

in that country, purchase weapons from any foreign person, foreign

government, international organization, or other entity located in

that country.

119 STAT. 3468 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(b) LIMITATION.—The total amount expended during any fiscal year for purchases under this section may not exceed $15,000,000.

‘‘(c) SEMIANNUAL CONGRESSIONAL REPORT.—In any case in

which the authority provided in subsection (a) is used during the

period of the first six months of a fiscal year, or during the period

of the second six months of a fiscal year, the Secretary of Defense

shall submit to the Committee on Armed Services of the Senate

and Committee on Armed Services of the House of Representatives

a report on the use of that authority during that six-month period.

Each such report shall be submitted not later than 30 days after

the end of the six-month period during which the authority is

used. Each such report shall include the following:

‘‘(1) The number and type of weapons purchased under

subsection (a) during that six-month period covered by the

report, together with the amount spent for those weapons and

the Secretary’s estimate of the fair market value of those

weapons.

‘‘(2) A description of the dispositions (if any) during that

six-month period of weapons purchased under subsection (a).’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 127b the following new item:

‘‘127c. Purchase of weapons overseas: force protection.’’.

SEC. 1232. RIOT CONTROL AGENTS.

(a) RESTATEMENT OF POLICY.—It is the policy of the United

States that riot control agents are not chemical weapons and that

the President may authorize their use as legitimate, legal, and

non-lethal alternatives to the use of force that, as provided in

Executive Order No. 11850 (40 Fed. Reg. 16187) and consistent

with the resolution of ratification of the Chemical Weapons Convention, may be employed by members of the Armed Forces in war

in defensive military modes to save lives, including the illustrative

purposes cited in Executive Order No. 11850.

(b) REPORT REQUIRED.— (1) IN GENERAL.—Not later than 180 days after the date

of the enactment of this Act, the President shall submit to

Congress a report on the use of riot control agents by members

of the Armed Forces.

(2) CONTENT.—The report required by paragraph (1) shall

include—

(A) a description of all regulations, doctrines, training

materials, and any other information related to the use

of riot control agents by members of the Armed Forces;

(B) a description of how the material described in

subparagraph (A) is consistent with United States policy

on the use of riot control agents;

(C) a description of the availability of riot control

agents, and the means to use them, to members of the

Armed Forces, including members of the Armed Forces

deployed in Iraq and Afghanistan;

(D) a description of the frequency and circumstances

of the use of riot control agents by members of the Armed

Forces since January 1, 1992, and a summary of views

held by commanders of United States combatant commands

as to the utility of the use of riot control agents by members

of the Armed Forces when compared with alternatives;

50 USC 1512

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3469

(E) a general description of steps taken or planned

to be taken by the Department of Defense to clarify the

circumstances under which riot control agents may be used

by members of the Armed Forces; and

(F) a brief explanation of the continuing validity of

Executive Order No. 11850 under United States law.

(3) FORM.—The report required by paragraph (1) shall be

submitted in unclassified form, but may include a classified

annex.

(c) DEFINITIONS.—In this section:

(1) CHEMICAL WEAPONS CONVENTION.—The term ‘‘Chemical

Weapons Convention’’ means the Convention on the Prohibitions of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done

at Paris, January 13, 1993, and entered into force April 29,

1997 (T. Doc. 103–21).

(2) RESOLUTION OF RATIFICATION OF THE CHEMICAL

WEAPONS CONVENTION.—The term ‘‘resolution of ratification of

the Chemical Weapons Convention’’ means S. Res. 75, 105th

Congress, agreed to April 24, 1997, advising and consenting

to the ratification of the Chemical Weapons Convention.

SEC. 1233. REQUIREMENT FOR ESTABLISHMENT OF CERTAIN CRITERIA APPLICABLE TO GLOBAL POSTURE REVIEW.

(a) CRITERIA.—As part of the Integrated Global Presence and

Basing Strategy (IGPBS) developed by the Department of Defense

that is referred to as the ‘‘Global Posture Review’’, the Secretary

of Defense, in consultation with the Chairman of the Joint Chiefs

of Staff, shall develop criteria for assessing, with respect to each

type of facility specified in subsection (c) that is to be located

in a foreign country, the following factors:

(1) The effect of any new basing arrangements on the

strategic mobility requirements of the Department of Defense.

(2) The ability of units deployed to overseas locations in

areas in which United States Armed Forces have not traditionally been deployed to meet mobility response times required

by operational planners.

(3) The cost of deploying units to areas referred to in

paragraph (2) on a rotational basis (rather than on a permanent

basing basis).

(4) The strategic benefit of rotational deployments through

countries with which the United States is developing a close

or new security relationship.

(5) Whether the relative speed and complexity of conducting

negotiations with a particular country is a discriminator in

the decision to deploy forces within the country.

(6) The appropriate and available funding mechanisms for

the establishment, operation, and sustainment of specific Main

Operating Bases, Forward Operating Bases, or Cooperative

Security Locations.

(7) The effect on military quality of life of the unaccompanied deployment of units to new facilities in overseas locations.

(8) Other criteria as Secretary of Defense determines appropriate.

10 USC 113 note.

119 STAT. 3470 PUBLIC LAW 109–163—JAN. 6, 2006

(b) ANALYSIS OF ALTERNATIVES TO BASING OR OPERATING LOCA- TIONS.—The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop a mechanism for

analyzing alternatives to any particular overseas basing or operating location. Such a mechanism shall incorporate the factors

specified in each of paragraphs (1) through (5) of subsection (a).

(c) MINIMAL INFRASTRUCTURE REQUIREMENTS FOR OVERSEAS

INSTALLATIONS.—The Secretary of Defense shall develop a description of minimal infrastructure requirements for each of the following

types of facilities:

(1) Facilities categorized as Main Operating Bases.

(2) Facilities categorized as Forward Operating Bases.

(3) Facilities categorized as Cooperative Security Locations.

(d) NOTIFICATION REQUIRED.—Not later than 30 days after

an agreement is entered into between the United States and a

foreign country to support the deployment of elements of the United

States Armed Forces in that country, the Secretary of Defense

shall submit to the congressional defense committees a written

notification of such agreement. The notification under this subsection shall include the terms of the agreement, any costs to

the United States resulting from the agreement, and a timeline

to carry out the terms of the agreement.

(e) ANNUAL BUDGET ELEMENT.—The Secretary of Defense shall

submit to Congress, as an element of the annual budget request

of the Secretary, information regarding the funding sources for

the establishment, operation, and sustainment of individual Main

Operating Bases, Forward Operating Bases, or Cooperative Security

Locations.

(f) REPORT.—Not later than March 30, 2006, the Secretary

of Defense shall submit to Congress a report on the matters specified in subsections (a) through (c).

SEC. 1234. THE UNITED STATES-CHINA ECONOMIC SECURITY REVIEW

COMMISSION.

(a) FINDINGS.—Congress finds the following:

(1) The 2004 Report to Congress of the United StatesChina Economic and Security Review Commission states that—

(A) China’s State-Owned Enterprises (SOEs) lack adequate disclosure standards, which creates the potential

for United States investors to unwittingly contribute to

enterprises that are involved in activities harmful to United

States security interests;

(B) United States influence and vital long-term

interests in Asia are being challenged by China’s robust

regional economic engagement and diplomacy;

(C) the assistance of China and North Korea to global

ballistic missile proliferation is extensive and ongoing;

(D) China’s transfers of technology and components

for weapons of mass destruction (WMD) and their delivery

systems to countries of concern, including countries that

support acts of international terrorism, have helped create

a new tier of countries with the capability to produce

WMD and ballistic missiles;

(E) the removal of the European Union arms embargo

against China that is currently under consideration in the

European Union would accelerate weapons modernization

and dramatically enhance Chinese military capabilities;

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3471

(F) China is developing a leading-edge military with

the objective of intimidating Taiwan and deterring United

States involvement in the Taiwan Strait, and China’s qualitative and quantitative military advancements have

already resulted in a dramatic shift in the cross-Strait

military balance toward China; and

(G) China’s growing energy needs are driving China

into bilateral arrangements that undermine multilateral

efforts to stabilize oil supplies and prices, and in some

cases may involve dangerous weapons transfers.

(2) On March 14, 2005, the National People’s Congress

approved a law that would authorize the use of force if Taiwan

formally declares independence.

(b) SENSE OF CONGRESS FOR COMPREHENSIVE STRATEGY.—It

is the sense of Congress that the President should present to

Congress quickly a comprehensive strategy to—

(1) address the emergence of China economically, diplomatically, and militarily;

(2) promote mutually beneficial trade relations with China;

and

(3) encourage China’s adherence to international norms

in the areas of trade, international security, and human rights.

(c) CONTENTS OF STRATEGY.—The strategy referred to in subsection (b) should address the following:

(1) Actions to address China’s policy of undervaluing its

currency, including—

(A) encouraging China to continue to upwardly revalue

the Chinese yuan against the United States dollar;

(B) allowing the yuan to float against a trade-weighted

basket of currencies; and

(C) concurrently encouraging United States trading

partners with similar interests to join in these efforts.

(2) Actions to make better use of the World Trade Organization (WTO) dispute settlement mechanism and applicable

United States trade laws to redress China’s trade practices,

including—

(A) exchange rate manipulation;

(B) denial of trading and distribution rights;

(C) insufficient intellectual property rights protection;

(D) objectionable labor standards;

(E) subsidization of exports; and

(F) forced technology transfers as a condition of doing

business.

(3) The United States Trade Representative should consult

with United States trading partners regarding any trade dispute with China.

(4) Actions to encourage United States diplomatic efforts

to identify and pursue initiatives to revitalize United States

engagement in East Asia. The initiatives should have a regional

focus and complement bilateral efforts. The Asia-Pacific Economic Cooperation forum (APEC) offers a ready mechanism

for pursuit of such initiatives.

(5) Actions by the administration to work with China to

prevent proliferation of prohibited technologies and to secure

China’s agreement to renew efforts to curtail commercial export

by North Korea of ballistic missiles.

119 STAT. 3472 PUBLIC LAW 109–163—JAN. 6, 2006

(6) Actions by the Secretary of State and the Secretary

of Energy to consult with the International Atomic Energy

Agency with the objective of upgrading the current loose experience-sharing arrangement whereby China engages in some limited exchanges with the organization to a more structured

arrangement.

(7) Actions by the administration to develop a coordinated,

comprehensive national policy and strategy designed to maintain United States scientific and technological leadership and

competitiveness, in light of the rise of China and the challenges

of globalization.

(8) Actions to review laws and regulations governing the

Committee on Foreign Investment in the United States

(CFIUS), including exploring whether the definition of national

security should include the potential impact on national economic security as a criterion to be reviewed, and whether

the chairmanship of CFIUS should be transferred from the

Secretary of the Treasury to a more appropriate executive

branch agency.

(9) Actions by the President and the Secretary of State

and Secretary of Defense to press strongly their counterparts

in the European Union and its member states to maintain

and strengthen the embargo on selling arms to China.

(10) Actions by the administration to discourage foreign

defense contractors from selling sensitive military-use technology or weapons systems to China.

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. Permanent waiver of restrictions on use of funds for threat reduction

in states of the former Soviet Union.

Sec. 1304. Report on elimination of impediments to threat-reduction and nonproliferation programs in the former Soviet Union.

Sec. 1305. Repeal of requirement for annual Comptroller General assessment of

annual Department of Defense report on activities and assistance under

Cooperative Threat Reduction programs.

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 2006 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2006 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant 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.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3473

SEC. 1302. FUNDING ALLOCATIONS.

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $415,549,000

authorized to be appropriated to the Department of Defense for

fiscal year 2006 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,

$78,900,000.

(2) For nuclear weapons storage security in Russia,

$74,100,000.

(3) For nuclear weapons transportation security in Russia,

$30,000,000.

(4) For weapons of mass destruction proliferation prevention in the states of the former Soviet Union, $40,600,000.

(5) For biological weapons proliferation prevention in the

former Soviet Union, $60,849,000.

(6) For chemical weapons destruction in Russia,

$108,500,000.

(7) For defense and military contacts, $8,000,000.

(8) For activities designated as Other Assessments/

Administrative Support, $14,600,000.

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2006 Cooperative Threat Reduction 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 2006

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 2006 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 authorized 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 notification.

(3) The Secretary may not, under the authority provided in

paragraph (1), obligate amounts for a purpose stated in any of

paragraphs (6) through (8) of subsection (a) in excess of 125 percent

of the specific amount authorized for such purpose.

Notification.

119 STAT. 3474 PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 1303. PERMANENT WAIVER OF RESTRICTIONS ON USE OF FUNDS

FOR THREAT REDUCTION IN STATES OF THE FORMER

SOVIET UNION.

Section 1306 of the Bob Stump National Defense Authorization

Act for Fiscal Year 2003 (Public Law 107–314; 22 U.S.C. 5952

note) is amended—

(1) by striking subsections (c) and (d); and

(2) by redesignating subsection (e) as subsection (c).

SEC. 1304. REPORT ON ELIMINATION OF IMPEDIMENTS TO THREATREDUCTION AND NONPROLIFERATION PROGRAMS IN

THE FORMER SOVIET UNION.

Not later than November 1, 2006, the President shall submit

to Congress a report on impediments to the effective conduct of

Cooperative Threat Reduction programs and related threat reduction and nonproliferation programs and activities in the states

of the former Soviet Union. The report shall—

(1) identify the impediments to the rapid, efficient, and

effective conduct of programs and activities of the Department

of Defense, the Department of State, and the Department of

Energy, including issues relating to access to sites, liability,

and taxation; and

(2) describe the plans of the United States to overcome

or ameliorate such impediments, including an identification

and discussion of new models and approaches that might be

used to develop new relationships with entities in the states

of the former Soviet Union capable of assisting in removing

or ameliorating those impediments, and any congressional

action that may be necessary for that purpose.

SEC. 1305. REPEAL OF REQUIREMENT FOR ANNUAL COMPTROLLER

GENERAL ASSESSMENT OF ANNUAL DEPARTMENT OF

DEFENSE REPORT ON ACTIVITIES AND ASSISTANCE

UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.

Section 1308 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-341) is amended by striking

subsection (e).

TITLE XIV—MATTERS RELATING TO

DETAINEES

Sec. 1401. Short title

Sec. 1402. Uniform standards for the interrogation of persons under the detention

of the Department of Defense

Sec. 1403. Prohibition on cruel, inhuman, or degrading treatment or punishment of

persons under custody or control of the United States Government

Sec. 1404. Protection of United States Government personnel engaged in authorized interrogations

Sec. 1405. Procedures for status review of detainees outside the United States

Sec. 1406. Training of Iraqi security forces regarding treatment of detainees

SEC. 1401. SHORT TITLE.

This title may be cited as the ‘‘Detainee Treatment Act of

2005’’.

42 USC 2000dd

note.

Detainee

Treatment Act

of 2005.

22 USC 5959.

President.

22 USC 5952.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3475

SEC. 1402. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE DETENTION OF THE DEPARTMENT OF

DEFENSE.

(a) IN GENERAL.—No person in the custody or under the effective control of the Department of Defense or under detention in

a Department of Defense facility shall be subject to any treatment

or technique of interrogation not authorized by and listed in the

United States Army Field Manual on Intelligence Interrogation.

(b) APPLICABILITY.—Subsection (a) shall not apply with respect

to any person in the custody or under the effective control of

the Department of Defense pursuant to a criminal law or immigration law of the United States.

(c) CONSTRUCTION.—Nothing in this section shall be construed

to affect the rights under the United States Constitution of any

person in the custody or under the physical jurisdiction of the

United States.

SEC. 1403. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY

OR CONTROL OF THE UNITED STATES GOVERNMENT.

(a) IN GENERAL.—No individual in the custody or under the

physical control of the United States Government, regardless of

nationality or physical location, shall be subject to cruel, inhuman,

or degrading treatment or punishment.

(b) CONSTRUCTION.—Nothing in this section shall be construed

to impose any geographical limitation on the applicability of the

prohibition against cruel, inhuman, or degrading treatment or

punishment under this section.

(c) LIMITATION ON SUPERSEDURE.—The provisions of this section

shall not be superseded, except by a provision of law enacted

after the date of the enactment of this Act which specifically repeals,

modifies, or supersedes the provisions of this section.

(d) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT DEFINED.—In this section, the term ‘‘cruel, inhuman, or

degrading treatment or punishment’’ means the cruel, unusual,

and inhumane treatment or punishment prohibited by the Fifth,

Eighth, and Fourteenth Amendments to the Constitution of the

United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention

Against Torture and Other Forms of Cruel, Inhuman or Degrading

Treatment or Punishment done at New York, December 10, 1984.

SEC. 1404. PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL ENGAGED IN AUTHORIZED INTERROGATIONS.

(a) PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL.—

In any civil action or criminal prosecution against an officer,

employee, member of the Armed Forces, or other agent of the

United States Government who is a United States person, arising

out of the officer, employee, member of the Armed Forces, or other

agent’s engaging in specific operational practices, that involve detention and interrogation of aliens who the President or his designees

have determined are believed to be engaged in or associated with

international terrorist activity that poses a serious, continuing

threat to the United States, its interests, or its allies, and that

were officially authorized and determined to be lawful at the time

that they were conducted, it shall be a defense that such officer,

employee, member of the Armed Forces, or other agent did not

42 USC

2000dd–1.

42 USC 2000dd.

10 USC 801 note.

119 STAT. 3476 PUBLIC LAW 109–163—JAN. 6, 2006

know that the practices were unlawful and a person of ordinary

sense and understanding would not know the practices were unlawful. Good faith reliance on advice of counsel should be an important

factor, among others, to consider in assessing whether a person

of ordinary sense and understanding would have known the practices to be unlawful. Nothing in this section shall be construed

to limit or extinguish any defense or protection otherwise available

to any person or entity from suit, civil or criminal liability, or

damages, or to provide immunity from prosecution for any criminal

offense by the proper authorities.

(b) COUNSEL.—The United States Government may provide

or employ counsel, and pay counsel fees, court costs, bail, and

other expenses incident to the representation of an officer, employee,

member of the Armed Forces, or other agent described in subsection

(a), with respect to any civil action or criminal prosecution arising

out of practices described in that subsection, under the same conditions, and to the same extent, to which such services and payments

are authorized under section 1037 of title 10, United States Code.

SEC. 1405. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE

THE UNITED STATES.

(a) SUBMITTAL OF PROCEDURES FOR STATUS REVIEW OF

DETAINEES AT GUANTANAMO BAY, CUBA, AND IN AFGHANISTAN AND

IRAQ.—

(1) IN GENERAL.—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 and the Committee

on the Judiciary of the Senate and the Committee on Armed

Services and the Committee on the Judiciary of the House

of Representatives a report setting forth—

(A) the procedures of the Combatant Status Review

Tribunals and the Administrative Review Boards established by direction of the Secretary of Defense that are

in operation at Guantanamo Bay, Cuba, for determining

the status of the detainees held at Guantanamo Bay or

to provide an annual review to determine the need to

continue to detain an alien who is a detainee; and

(B) the procedures in operation in Afghanistan and

Iraq for a determination of the status of aliens detained

in the custody or under the physical control of the Department of Defense in those countries.

(2) DESIGNATED CIVILIAN OFFICIAL.—The procedures submitted to Congress pursuant to paragraph (1)(A) shall ensure

that the official of the Department of Defense who is designated

by the President or Secretary of Defense to be the final review

authority within the Department of Defense with respect to

decisions of any such tribunal or board (referred to as the

‘‘Designated Civilian Official’’) shall be a civilian officer of the

Department of Defense holding an office to which appointments

are required by law to be made by the President, by and

with the advice and consent of the Senate.

(3) CONSIDERATION OF NEW EVIDENCE.—The procedures

submitted under paragraph (1)(A) shall provide for periodic

review of any new evidence that may become available relating

to the enemy combatant status of a detainee.

(b) CONSIDERATION OF STATEMENTS DERIVED WITH COERCION.—

Deadline.

Reports.

10 USC 801 note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3477

(1) ASSESSMENT.—The procedures submitted to Congress

pursuant to subsection (a)(1)(A) shall ensure that a Combatant

Status Review Tribunal or Administrative Review Board, or

any similar or successor administrative tribunal or board, in

making a determination of status or disposition of any detainee

under such procedures, shall, to the extent practicable, assess—

(A) whether any statement derived from or relating

to such detainee was obtained as a result of coercion;

and

(B) the probative value, if any, of any such statement.

(2) APPLICABILITY.—Paragraph (1) applies with respect to

any proceeding beginning on or after the date of the enactment

of this Act.

(c) REPORT ON MODIFICATION OF PROCEDURES.—The Secretary

of Defense shall submit to the committees specified in subsection

(a)(1) a report on any modification of the procedures submitted

under subsection (a). Any such report shall be submitted not later

than 60 days before the date on which such modification goes

into effect.

(d) ANNUAL REPORT.—

(1) REPORT REQUIRED.—The Secretary of Defense shall

submit to Congress an annual report on the annual review

process for aliens in the custody of the Department of Defense

outside the United States. Each such report shall be submitted

in unclassified form, with a classified annex, if necessary. The

report shall be submitted not later than December 31 each

year.

(2) ELEMENTS OF REPORT.—Each such report shall include

the following with respect to the year covered by the report:

(A) The number of detainees whose status was

reviewed.

(B) The procedures used at each location.

(e) JUDICIAL REVIEW OF DETENTION OF ENEMY COMBATANTS.—

(1) IN GENERAL.—Section 2241 of title 28, United States

Code, is amended by adding at the end the following:

‘‘(e) Except as provided in section 1405 of the Detainee Treatment Act of 2005, no court, justice, or judge shall have jurisdiction

to hear or consider—

‘‘(1) an application for a writ of habeas corpus filed by

or on behalf of an alien detained by the Department of Defense

at Guantanamo Bay, Cuba; or

‘‘(2) any other action against the United States or its agents

relating to any aspect of the detention by the Department

of Defense of an alien at Guantanamo Bay, Cuba, who—

‘‘(A) is currently in military custody; or

‘‘(B) has been determined by the United States Court

of Appeals for the District of Columbia Circuit in accordance with the procedures set forth in section 1405(e) of

the Detainee Treatment Act of 2005 to have been properly

detained as an enemy combatant.’’.

(2) REVIEW OF DECISIONS OF COMBATANT STATUS REVIEW

TRIBUNALS OF PROPRIETY OF DETENTION.—

(A) IN GENERAL.—Subject to subparagraphs (B), (C),

and (D), the United States Court of Appeals for the District

of Columbia Circuit shall have exclusive jurisdiction to

determine the validity of any final decision of a Combatant

119 STAT. 3478 PUBLIC LAW 109–163—JAN. 6, 2006

Status Review Tribunal that an alien is properly detained

as an enemy combatant.

(B) LIMITATION ON CLAIMS.—The jurisdiction of the

United States Court of Appeals for the District of Columbia

Circuit under this paragraph shall be limited to claims

brought by or on behalf of an alien—

(i) who is, at the time a request for review by

such court is filed, detained by the Department of

Defense at Guantanamo Bay, Cuba; and

(ii) for whom a Combatant Status Review Tribunal

has been conducted, pursuant to applicable procedures

specified by the Secretary of Defense.

(C) SCOPE OF REVIEW.—The jurisdiction of the United

States Court of Appeals for the District of Columbia Circuit

on any claims with respect to an alien under this paragraph

shall be limited to the consideration of—

(i) whether the status determination of the

Combatant Status Review Tribunal with regard to such

alien was consistent with the standards and procedures

specified by the Secretary of Defense for Combatant

Status Review Tribunals (including the requirement

that the conclusion of the Tribunal be supported by

a preponderance of the evidence and allowing a rebuttable presumption in favor the Government’s evidence);

and

(ii) to the extent the Constitution and laws of

the United States are applicable, whether the use of

such standards and procedures to make the determination is consistent with the Constitution and laws of

the United States.

(D) TERMINATION ON RELEASE FROM CUSTODY.—The

jurisdiction of the United States Court of Appeals for the

District of Columbia Circuit with respect to the claims

of an alien under this paragraph shall cease upon the

release of such alien from the custody of the Department

of Defense.

(3) REVIEW OF FINAL DECISIONS OF MILITARY COMMISSIONS.—

(A) IN GENERAL.—Subject to subparagraphs (B), (C),

and (D), the United States Court of Appeals for the District

of Columbia Circuit shall have exclusive jurisdiction to

determine the validity of any final decision rendered pursuant to Military Commission Order No. 1, dated August

31, 2005 (or any successor military order).

(B) GRANT OF REVIEW.—Review under this paragraph—

(i) with respect to a capital case or a case in

which the alien was sentenced to a term of imprisonment of 10 years or more, shall be as of right; or

(ii) with respect to any other case, shall be at

the discretion of the United States Court of Appeals

for the District of Columbia Circuit.

(C) LIMITATION ON APPEALS.—The jurisdiction of the

United States Court of Appeals for the District of Columbia

Circuit under this paragraph shall be limited to an appeal

brought by or on behalf of an alien—

(i) who was, at the time of the proceedings pursuant to the military order referred to in subparagraph

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3479

(A), detained by the Department of Defense at Guantanamo Bay, Cuba; and

(ii) for whom a final decision has been rendered

pursuant to such military order.

(D) SCOPE OF REVIEW.—The jurisdiction of the United

States Court of Appeals for the District of Columbia Circuit

on an appeal of a final decision with respect to an alien

under this paragraph shall be limited to the consideration

of—

(i) whether the final decision was consistent with

the standards and procedures specified in the military

order referred to in subparagraph (A); and

(ii) to the extent the Constitution and laws of

the United States are applicable, whether the use of

such standards and procedures to reach the final decision is consistent with the Constitution and laws of

the United States.

(4) RESPONDENT.—The Secretary of Defense shall be the

named respondent in any appeal to the United States Court

of Appeals for the District of Columbia Circuit under this

subsection.

(f) CONSTRUCTION.—Nothing in this section shall be construed

to confer any constitutional right on an alien detained as an enemy

combatant outside the United States.

(g) UNITED STATES DEFINED.—For purposes of this section,

the term ‘‘United States’’, when used in a geographic sense, is

as defined in section 101(a)(38) of the Immigration and Nationality

Act and, in particular, does not include the United States Naval

Station, Guantanamo Bay, Cuba.

(h) EFFECTIVE DATE.—

(1) IN GENERAL.—This section shall take effect on the date

of the enactment of this Act.

(2) REVIEW OF COMBATANT STATUS TRIBUNAL AND MILITARY

COMMISSION DECISIONS.—Paragraphs (2) and (3) of subsection

(e) shall apply with respect to any claim whose review is

governed by one of such paragraphs and that is pending on

or after the date of the enactment of this Act.

SEC. 1406. TRAINING OF IRAQI SECURITY FORCES REGARDING TREATMENT OF DETAINEES.

(a) REQUIRED POLICIES.—

(1) IN GENERAL.—The Secretary of Defense shall prescribe

policies designed to ensure that all military and civilian Department of Defense personnel or contractor personnel of the

Department of Defense responsible for the training of any unit

of the Iraqi Security Forces provide training to such units

regarding the international obligations and laws applicable to

the humane treatment of detainees, including protections

afforded under the Geneva Conventions and the Convention

Against Torture.

(2) ACKNOWLEDGMENT OF TRAINING.—The Secretary shall

ensure that, for all personnel of the Iraqi Security Forces who

are provided training referred to in paragraph (1), there is

documented acknowledgment that such training has been provided.

10 USC 801 note.

Applicability.

119 STAT. 3480 PUBLIC LAW 109–163—JAN. 6, 2006

(3) DEADLINE FOR POLICIES TO BE PRESCRIBED.—The policies

required by paragraph (1) shall be prescribed not later than

180 days after the date of the enactment of this Act.

(b) ARMY FIELD MANUAL.— (1) TRANSLATION.—The Secretary of Defense shall provide

for the unclassified portions of the United States Army Field

Manual on Intelligence Interrogation to be translated into

Arabic and any other language the Secretary determines appropriate for use by members of the Iraqi security forces.

(2) DISTRIBUTION.—The Secretary of Defense shall provide

for such manual, as translated, to be distributed to all appropriate officials of the Iraqi Government, including, but not

limited to, the Iraqi Minister of Defense, the Iraqi Minister

of Interior, senior Iraqi military personnel, and appropriate

members of the Iraqi Security Forces with a recommendation

that the principles that underlay the manual be adopted by

the Iraqis as the basis for their policies on interrogation of

detainees.

(c) TRANSMITTAL TO CONGRESSIONAL COMMITTEES.—Not less

than 30 days after the date on which policies are first prescribed

under subsection (a), 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 copies of such

regulations, policies, or orders, together with a report on steps

taken to the date of the report to implement this section.

(d) ANNUAL REPORT.—Not less than one year after the date

of the enactment of this Act, and annually thereafter, 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 implementation of this section.

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. Air Force procurement.

Sec. 1505. Defense-wide activities procurement.

Sec. 1506. Research, development, test and evaluation.

Sec. 1507. Operation and maintenance.

Sec. 1508. Defense Working Capital Fund.

Sec. 1509. Defense Health Program.

Sec. 1510. Military personnel.

Sec. 1511. Iraq Freedom Fund.

Sec. 1512. Treatment as additional authorizations.

Sec. 1513. Transfer authority.

Sec. 1514. Availability of funds.

SEC. 1501. PURPOSE.

The purpose of this title is to authorize emergency supplemental

appropriations for the Department of Defense for fiscal year 2006

to provide funds for additional costs due to Operation Iraqi Freedom

and Operation Enduring Freedom pursuant to section 402 of H.

Con. Res. 95 (109th Congress), the concurrent resolution on the

budget for fiscal year 2006.

Deadline.

Reports.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3481

SEC. 1502. ARMY PROCUREMENT.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal year 2006 for procurement accounts of the Army

in amounts as follows:

(1) For aircraft, $40,600,000.

(2) For ammunition, $109,500,000.

(3) For weapons and tracked combat vehicles, $485,499,000.

(4) For other procurement, $1,659,800,000.

(b) AVAILABILITY OF CERTAIN AMOUNTS FOR UP-ARMORED

WHEELED VEHICLES.—

(1) AVAILABILITY.—Of the amount authorized to be appropriated by subsection (a)(4), $240,000,000 shall be available

for the procurement of up-armored high mobility multipurpose

wheeled vehicles (UAHs), including vehicles in the M1114,

M1151, and M1152 configurations.

(2) ALLOCATION OF FUNDS.—

(A) IN GENERAL.—Subject to subparagraph (B), the Secretary of the Army shall allocate the manner in which

amounts available under paragraph (1) shall be available

for purposes specified in that paragraph.

(B) LIMITATION.—Amounts available under paragraph

(1) may not be allocated under subparagraph (A) until

the Secretary certifies to the congressional defense committees that the Army has a validated requirement for procurement for a purpose specified in paragraph (1) based on

a statement of urgent needs from a commander of a combatant command.

(C) REPORTS.—Not later than 15 days after an allocation of funds is made under subparagraph (A), the Secretary shall submit to the congressional defense committees

a report describing such allocation of funds.

(c) AVAILABILITY OF CERTAIN AMOUNTS FOR TACTICAL WHEELED

VEHICLE ARMORING PROGRAMS.—

(1) AVAILABILITY.—Of the amount authorized to be appropriated by subsection (a)(4), $150,000,000 shall be available

for units deployed in Iraq and Afghanistan, as follows:

(A) Procurement of up-armored Light Tactical Wheeled

Vehicles (LTVs) or add-on armor kits for Light Tactical

Wheeled Vehicles.

(B) Procurement of add-on armor kits for Medium Tactical Wheeled Vehicles (MTVs), including Low Signature

Armored Cabs for the family of Medium Tactical Wheeled

Vehicles.

(C) Procurement of add-on armor kits for Heavy Tactical Wheeled Vehicles (HTVs).

(2) ALLOCATION OF FUNDS.—To the extent the Secretary

of the Army determines that such amount is not needed for

the procurement of such armored Tactical Wheeled Vehicles

for units deployed in Iraq and Afghanistan under paragraph

(1), the Secretary shall use the amounts remaining for the

procurement of such armored vehicles in accordance with other

priorities of the Army.

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

(a) NAVY.—Funds are hereby authorized to be appropriated

for fiscal year 2006 for procurement accounts for the Navy in

amounts as follows:

119 STAT. 3482 PUBLIC LAW 109–163—JAN. 6, 2006

(1) For aircraft procurement, $15,000,000.

(2) For weapons procurement, $56,700,000.

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2006 for the procurement account for the

Marine Corps in the amount of $644,400,000.

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby

authorized to be appropriated for fiscal year 2006 for the procurement account for ammunition for the Navy and the Marine Corps

in the amount of $147,921,000.

(d) AVAILABILITY OF CERTAIN AMOUNTS.— (1) AVAILABILITY.—Of the amount authorized to be appro- priated by subsection (b), $200,000,000 shall be available for

the procurement of up-armored high mobility multipurpose

wheeled vehicles (UAHs), including vehicles in the M1114,

M1151, and M1152 configurations.

(2) ALLOCATION OF FUNDS.— (A) IN GENERAL.—Subject to subparagraph (B), the Secretary of the Navy shall allocate the manner in which

amounts available under paragraph (1) shall be available

for the purposes specified in that paragraph.

(B) LIMITATION.—Amounts available under paragraph

(1) may not be allocated under subparagraph (A) until

the Secretary certifies to the congressional defense committees that the Marine Corps has a validated requirement

for procurement for a purpose specified in paragraph (1)

based on a statement of urgent needs from a commander

of a combatant command.

(C) REPORTS.—Not later than 15 days after an allocation of funds is made under subparagraph (A), the Secretary shall submit to the congressional defense committees

a report describing such allocation of funds.

SEC. 1504. AIR FORCE PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year

2006 for the aircraft procurement accounts for the Air Force in

the amount of $214,000,000.

SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal year

2006 for the procurement account for Defense-wide in the amount

of $103,900,000.

SEC. 1506. RESEARCH, DEVELOPMENT, TEST AND EVALUATION.

Funds are hereby authorized to be appropriated for fiscal year

2006 for the use of the Department of Defense for research, development, test and evaluation as follows:

(1) For the Army, $8,700,000.

(2) For Defense-wide activities, $75,000,000.

SEC. 1507. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal year

2006 for the use of the Armed Forces for expenses, not otherwise

provided for, for operation and maintenance, in amounts as follows:

(1) For the Army, $19,828,180,000.

(2) For the Navy, $1,658,000,000.

(3) For the Marine Corps, $1,588,250,000.

(4) For the Air Force, $2,404,190,000.

(5) For Defense-wide activities, $1,778,397,000.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3483

(6) For the Army Reserve, $44,400,000.

(7) For the Naval Reserve, $9,400,000.

(8) For the Marine Corps Reserve, $4,000,000.

(9) For the Air Force Reserve, $7,000,000.

(10) For the Army National Guard, $196,300,000.

(11) For the Air National Guard, $13,400,000.

SEC. 1508. DEFENSE WORKING CAPITAL FUND.

Funds are hereby authorized to be appropriated for fiscal year

2006 for the Defense Working Capital Fund in the amount of

$1,700,000,000.

SEC. 1509. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2006 for expenses, not otherwise

provided for, the Defense Health Program, in the amount of

$178,415,000 for operation and maintenance.

SEC. 1510. MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the Department of Defense for military personnel accounts for fiscal year

2006 a total of $11,788,323,000.

SEC. 1511. IRAQ FREEDOM FUND.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal year 2006 for the Iraq Freedom Fund in the

amount of $5,240,725,000.

(b) LIMITATION ON AVAILABILITY OF CERTAIN AMOUNT.—Of the

amount authorized to be appropriated by subsection (a),

$1,000,000,000 shall be available only for support of activities of

the Joint Improvised Explosive Device Task Force.

(c) CLASSIFIED PROGRAMS.—Of the amount authorized to be

appropriated by subsection (a), $2,500,000,000 shall be available

only for classified programs.

(d) TRANSFER.— (1) TRANSFER AUTHORIZED.—Subject to paragraph (2),

amounts authorized to be appropriated by subsection (a) may

be transferred from the Iraq Freedom Fund to any accounts

as follows:

(A) Operation and maintenance accounts of the Armed

Forces.

(B) Military personnel accounts.

(C) Research, development, test, and evaluation

accounts of the Department of Defense.

(D) Procurement accounts of the Department of

Defense.

(E) Accounts providing funding for classified programs.

(F) The operating expenses account of the Coast Guard.

(2) NOTICE TO CONGRESS.—A transfer may not be made

under the authority in paragraph (1) until five days after

the date on which the Secretary of Defense notifies the congressional defense committees in writing of the transfer.

(3) TREATMENT OF TRANSFERRED FUNDS.—Amounts transferred to an account under the authority in paragraph (1)

shall be merged with amounts in such account and shall be

made available for the same purposes, and subject to the same

conditions and limitations, as amounts in such account.

119 STAT. 3484 PUBLIC LAW 109–163—JAN. 6, 2006

(4) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer of

an amount to an account under the authority in paragraph

(1) shall be deemed to increase the amount authorized for

such account by an amount equal to the amount transferred.

SEC. 1512. 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. 1513. TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

(1) AUTHORITY.—Upon determination 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 2006 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) LIMITATION.—The total amount of authorizations that

the Secretary may transfer under the authority of this section

may not exceed $2,500,000,000. 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 proposed 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.

SEC. 1514. AVAILABILITY OF FUNDS.

Funds in this title shall be made available for obligation to

the Army, Navy, Marine Corps, Air Force, and Defense-wide components by the end of the second quarter of fiscal year 2006.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3485

DIVISION B—MILITARY CONSTRUCTION

AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ‘‘Military Construction

Authorization Act for Fiscal Year 2006’’.

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 project.

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 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 ................................... $3,150,000

Fort Rucker .................................................... $9,700,000

Redstone Arsenal .......................................... $25,100,000

Alaska ................ Fort Richardson ............................................. $4,700,000

Fort Wainwright ............................................ $44,660,000

Arizona ............... Fort Huachuca ............................................... $5,100,000

Yuma Proving Ground .................................. $8,100,000

California ........... Concord Naval Weapons Station ................. $11,850,000

Fort Irwin ...................................................... $21,250,000

Colorado ............. Fort Carson .................................................... $72,822,000

Georgia ............... Fort Benning ................................................. $30,261,000

Fort Gillem .................................................... $3,900,000

Fort Gordon ................................................... $4,550,000

Fort Stewart/Hunter Army Air Field .......... $57,980,000

Hawaii ................ Pohakuloa Training Area ............................. $60,300,000

Schofield Barracks ........................................ $53,900,000

Illinois ................ Rock Island Arsenal ...................................... $7,400,000

Indiana ............... Crane Army Ammunition Activity ............... $5,700,000

Kansas ............... Fort Riley ....................................................... $33,900,000

Kentucky ............ Fort Campbell ................................................ $116,475,000

Fort Knox ....................................................... $4,600,000

Louisiana ........... Fort Polk ........................................................ $28,887,000

Missouri ............. Fort Leonard Wood ....................................... $23,500,000

New Jersey ........ Picatinny Arsenal .......................................... $4,450,000

New York ........... Fort Drum ...................................................... $73,350,000

United States Military Academy, West

Point.

$7,500,000

North Carolina .. Fort Bragg ..................................................... $301,250,000

Ohio .................... Joint Systems Manufacturing Center, Lima $11,600,000

Oklahoma ........... Fort Sill .......................................................... $5,850,000

McAlester Army Ammunition Plant ............ $5,400,000

Pennsylvania ..... Letterkenny Depot ........................................ $6,300,000

Military

Construction

Authorization

Act for Fiscal

Year 2006.

119 STAT. 3486 PUBLIC LAW 109–163—JAN. 6, 2006

Army: Inside the United States—Continued

State Installation or Location Amount

South Carolina .. Fort Jackson .................................................. $1,600,000

Texas .................. Fort Bliss ....................................................... $5,000,000

Fort Hood ....................................................... $64,488,000

Fort Sam Houston ......................................... $7,000,000

Utah ................... Dugway Proving Ground .............................. $25,000,000

Virginia .............. Fort A.P. Hill ................................................. $2,700,000

Fort Belvoir .................................................... $18,000,000

Fort Eustis ..................................................... $3,100,000

Fort Lee .......................................................... $3,900,000

Fort Myer ....................................................... $15,200,000

Washington ........ Fort Lewis ...................................................... $99,949,000

(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 .............................. $84,081,000

Italy ............................ Pisa ............................................. $5,254,000

Korea .......................... Camp Humphreys ..................... $105,162,000

Yongpyong .................................. $1,450,000

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2104(a)(3), the Secretary of the Army may acquire real property

and carry out military construction projects for unspecified installations or locations in the amount set forth in the following table:

Army: Unspecified Worldwide

Location Installation or Location Amount

Unspecified Worldwide .............. $50,000,000

SEC. 2102. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section

2104(a)(6)(A), the Secretary of the Army may construct or acquire

family housing units (including land acquisition and supporting

facilities) at the installations or locations, in the number of units,

and in the amounts set forth in the following table:

Army: Family Housing

State Installation or Location Units Amount

Alaska ................ Fort Richardson .................. 117 .... $49,000,000

Fort Wainwright ................. 180 .... $91,000,000

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3487

Army: Family Housing—Continued

State Installation or Location Units Amount

Arizona .............. Fort Huachuca .................... 131 .... $31,000,000

Yuma Proving Ground ....... 35 ...... $11,200,000

Oklahoma .......... Fort Sill ............................... 129 .... $24,000,000

Virginia ............. Fort Lee .............................. 96 ...... $19,500,000

Fort Monroe ........................ 21 ...... $6,000,000

(b) PLANNING AND DESIGN.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2104(a)(6)(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 $17,536,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(A), the Secretary of the Army may

improve existing military family housing units in an amount not

to exceed $300,400,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby

authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and

military family housing functions of the Department of the Army

in the total amount of $3,128,889,000 as follows:

(1) For military construction projects inside the United

States authorized by section 2101(a), $1,111,522,000.

(2) For military construction projects outside the United

States authorized by section 2101(b), $195,947,000.

(3) For military construction projects at unspecified worldwide locations authorized by section 2101(c), $50,000,000.

(4) For unspecified minor military construction projects

authorized by section 2805 of title 10, United States Code,

$24,141,000.

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$170,021,000.

(6) For military family housing functions:

(A) For construction and acquisition, planning and

design, and improvement of military family housing and

facilities, $549,636,000.

(B) For support of military family housing (including

the functions described in section 2833 of title 10, United

States Code), $803,993,000.

(7) For the construction of increment 3 of the Lewis and

Clark Instructional Facility at Fort Leavenworth, Kansas,

authorized by section 2101(a) of the Military Construction

Authorization Act for Fiscal Year 2004 (division B of Public

Law 108–136; 117 Stat. 1697), $42,642,000.

(8) For the construction of increment 2 of a barracks complex at Vilseck, Germany, authorized by section 2101(b) of

the Military Construction Authorization Act for Fiscal Year

119 STAT. 3488 PUBLIC LAW 109–163—JAN. 6, 2006

2004 (division B of Public Law 108–136; 117 Stat. 1698), as

amended by section 2105 of this Act, $13,600,000.

(9) For the construction of increment 2 of the Drum Road

upgrade at Helemano Military Reservation, Hawaii, authorized

by section 2101(a) of the Military Construction Authorization

Act for Fiscal Year 2005 (division B of Public Law 108–375;

118 Stat. 2101), $41,000,000.

(10) For the construction of increment 2 of a vehicle maintenance facility at Schofield Barracks, Hawaii, authorized by

section 2101(a) of the Military Construction Authorization Act

for Fiscal Year 2005 (division B of Public Law 108–375; 118

Stat. 2101), $24,656,000.

(11) For the construction of increment 2 of a barracks

complex, at Fort Campbell, Kentucky, authorized by section

2101(a) of the Military Construction Authorization Act for

Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat.

2101), $24,650,000.

(12) For the construction of increment 2 of trainee barracks,

Basic Training Complex 1 at Fort Knox, Kentucky, authorized

by section 2101(a) of the Military Construction Authorization

Act of Fiscal Year 2005 (division B of Public Law 108–375;

118 Stat. 2101), $21,000,000.

(13) For the construction of increment 2 of a library and

learning center at the United States Military Academy, West

Point, New York, authorized by section 2101(a) of the Military

Construction Authorization Act for Fiscal Year 2005 (division

B of Public Law 108–375; 118 Stat. 2101), $25,470,000.

(14) For the construction of increment 2 of a barracks

complex renewal project at Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–

375; 118 Stat. 2101), $30,611,000.

(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 authorized by law, the total cost of all projects carried out under section

2101 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) $16,500,000 (the balance of the amount authorized

under section 2101(a) for construction of a barracks complex

for Fort Drum, New York).

(3) $31,000,000 (the balance of the amount authorized

under section 2101(a) for construction of a barracks complex

for the 2nd Brigade at Fort Bragg, North Carolina).

(4) $50,000,000 (the balance of the amount authorized

under section 2101(a) for construction of a barracks complex

for the 3rd Brigade at Fort Bragg, North Carolina).

(5) $77,400,000 (the balance of the amount authorized

under section 2101(a) for construction of a barracks complex

for divisional artillery at Fort Bragg, North Carolina).

(6) $13,000,000 (the balance of the amount authorized

under section 2101(a) for construction of a defense access road

for Fort Belvoir, Virginia).

(c) CONFORMING TECHNICAL AMENDMENT.—Section 2104(a)(8)

of the Military Construction Authorization Act for Fiscal Year 2005

(division B of Public Law 108–375; 118 Stat. 2103) is amended

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3489

by striking ‘‘Fiscal Year 2003 (division B of Public Law 107–314;

116 Stat. 2681)’’ and inserting ‘‘Fiscal Year 2004 (division B of

Public Law 108–136; 117 Stat. 1697)’’.

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2004 PROJECT.

(a) MODIFICATION OF OUTSIDE THE UNITED STATES PROJECT.—

The table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136;

117 Stat. 1698) is amended—

(1) in the item relating to Vilseck, Germany, by striking

‘‘$31,000,000’’ in the amount column and inserting

‘‘$26,000,000’’; and

(2) by striking the amount identified as the total in the

amount column and inserting ‘‘$226,900,000’’.

(b) CONFORMING AMENDMENT.—Section 2104(b)(6) of that Act

(117 Stat. 1700) is amended by striking ‘‘$18,900,000’’ and inserting

‘‘$13,900,000’’.

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. 2205. Modification of authority to carry out certain fiscal year 2004 project.

Sec. 2206. Modifications of authority to carry out certain fiscal year 2005 projects.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 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 .............. $3,637,000

California .............. Air-Ground Combat Center, Twentynine

Palms.

$24,000,000

Marine Corps Air Station, Camp Pendleton.$1,400,000

Marine Corps Air Station, Miramar ......... $5,070,000

Marine Corps Base, Camp Pendleton ...... $90,437,000

Naval Air Station, Lemoore ...................... $8,480,000

Naval Air Warfare Center, China Lake ... $19,158,000

Naval Postgraduate School ....................... $6,500,000

Connecticut ........... Naval Submarine Base, New London ...... $4,610,000

Florida ................... Diving&Salvage Training Center, Panama City.$9,678,000

Naval Air Station, Jacksonville ................ $88,603,000

Naval Air Station, Pensacola .................... $8,710,000

Naval Station, Mayport ............................. $15,220,000

Whiting Field ............................................. $4,670,000

Georgia .................. Naval Submarine Base, Kings Bay .......... $6,890,000

Marine Corps Logistics Base, Albany ...... $5,840,000

Hawaii ................... Marine Corps Air Station, Kaneohe Bay $5,700,000

119 STAT. 3490 PUBLIC LAW 109–163—JAN. 6, 2006

Navy: Inside the United States—Continued

State Installation or Location Amount

Naval Base, Pearl Harbor ......................... $29,700,000

Illinois ................... Recruit Training Command, Great Lakes $167,750,000

Indiana Naval Warfare Center, Crane ................... $8,220,000

Maine Portsmouth Naval Shipyard ..................... $8,100,000

Maryland ............... Naval Air Warfare Center, Patuxent

River.

$5,800,000

Naval Surface Warfare Center, Indian

Head.

$8,250,000

United States Naval Academy, Annapolis $51,720,000

Mississippi Naval Air Station, Meridian ..................... $10,450,000

North Carolina ..... Marine Corps Air Station, Cherry Point .. $29,147,000

Marine Corps Air Station, New River ...... $6,840,000

Marine Corps Base, Camp Lejeune .......... $44,590,000

Pennsylvania ........ Naval Station Weapons Center, Philadelphia.$4,780,000

Rhode Island ......... Naval Station, Newport ............................. $15,490,000

South Carolina ..... Marine Corps Air Station, Beaufort ......... $1,480,000

Texas ..................... Naval Air Station, Kingsville .................... $16,040,000

Virginia ................. Marine Corps Air Field, Quantico ............ $19,698,000

Marine Corps Base, Quantico ................... $18,429,000

Naval Air Station, Oceana ........................ $11,680,000

Naval Amphibious Base, Little Creek ...... $36,034,000

Naval Station, Norfolk .............................. $32,245,000

Naval Support Activity, Norfolk Naval

Shipyard.

$78,788,000

Naval Station Weapons Center, Dahlgren $9,960,000

Washington ........... Naval Station, Everett ............................... $70,950,000

Naval Submarine Base, Bangor ................ $60,160,000

Naval Air Station, Whidbey Island .......... $4,010,000

(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

Guam ............................... Naval Base, Guam ............................... $55,473,000

Japan ............................... Naval Station, Yokosuka .................... $83,010,000

SEC. 2202. FAMILY HOUSING.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2204(a)(4)(A), the Secretary of the Navy

may construct or acquire family housing units (including land

acquisition and supporting facilities) at the installation, in the

number of units, and in the amount set forth in the following

table:

Navy: Family Housing

Location Installation Units Amount

Guam ....................... Naval Base, Guam ...................... 126 ...... $43,495,000

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3491

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(4)(A), the Secretary of the Navy may

improve existing military family housing units in an amount not

to exceed $178,644,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby

authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and

military family housing functions of the Department of the Navy

in the total amount of $1,964,743,000, as follows:

(1) For military construction projects inside the United

States authorized by section 2201(a), $837,411,000.

(2) For military construction projects outside the United

States authorized by section 2201(b), $39,584,000.

(3) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$34,893,000.

(4) For military family housing functions:

(A) For construction and acquisition, planning and

design, and improvement of military family housing and

facilities, $218,942,000.

(B) For support of military family housing (including

functions described in section 2833 of title 10, United States

Code), $588,660,000.

(5) For the construction of increment 3 of the general

purpose berthing pier at Naval Weapons Station, Earle, New

Jersey, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public

Law 108–136; 117 Stat. 1704), as amended by section 2205

of this Act, $54,432,000.

(6) For the construction of increment 3 of pier 11 replacement 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), $40,200,000.

(7) For the construction of increment 2 of the apron and

hangar recapitalization at Naval Air Facility, El Centro, California, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public

Law 108–375; 118 Stat. 2105), $18,666,000.

(8) For the construction of increment 2 of the White Side

complex, Marine Corps Air Facility, Quantico, Virginia, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–

375; 118 Stat. 2105), $34,730,000.

(9) For the construction of increment 2 of the limited area

production and storage complex at Strategic Weapons Facility

Pacific, Bangor, Washington, authorized by section 2201(a) of

the Military Construction Authorization Act for Fiscal Year

2005 (division B of Public Law 108–375; 118 Stat. 2105), as

amended by section 2206 of this Act, $47,095,000.

119 STAT. 3492 PUBLIC LAW 109–163—JAN. 6, 2006

(10) For the construction of increment 2 of the lab consolidation at Strategic Weapons Facility Pacific, Bangor, Washington authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public

Law 108–375; 118 Stat. 2105), as amended by section 2206

of this Act, $9,430,000.

(11) For the construction of increment 2 of the presidential

helicopter programs support facility at Naval Air Warfare

Center, Patuxent River, Maryland, authorized by section

2201(a) of the Military Construction Authorization Act for

Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat.

2105), as amended by section 2206 of this Act, $40,700,000.

(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 authorized 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) and (2) of subsection (a).

(2) $37,721,000 (the balance of the amount authorized

under section 2201(a) for a reclamation and conveyance project

for Marine Corps Base, Camp Pendleton, California).

(3) $43,424,000 (the balance of the amount authorized

under section 2201(a) for a helicopter hangar replacement at

Naval Air Station, Jacksonville, Florida).

(4) $45,850,000 (the balance of the amount authorized

under section 2201(a) for infrastructure upgrades to Recruit

Training Command, Great Lakes, Illinois).

(5) $26,790,000 (the balance of the amount authorized

under section 2201(a) for construction of a field house at United

States Naval Academy, Annapolis, Maryland).

(6) $31,059,000 (the balance of the amount authorized

under section 2201(a) for replacement of Ship Repair Pier 3

at Naval Support Activity, Norfolk Naval Shipyard, Virginia).

(7) $10,159,000 (the balance of the amount authorized

under section 2201(a) for an addition to Hockmuth Hall, Marine

Corps Base, Quantico, Virginia).

(8) $21,000,000 (the balance of the amount authorized

under section 2201(a) for construction of bachelor quarters for

Naval Station, Everett, Washington).

(9) $29,889,000 (the balance of the amount authorized

under section 2201(b) for wharf upgrades at Naval Base,

Guam).

(10) $69,100,000 (the balance of the amount authorized

under section 2201(b) for wharf upgrades at Naval Station,

Yokosuka, Japan).

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2004 PROJECT.

(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.—

The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136;

117 Stat. 1703) is amended—

(1) in the item relating to Naval Weapons Station, Earle,

New Jersey, by striking ‘‘$123,720,000’’ in the amount column

and inserting ‘‘$140,372,000’’; and

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3493

(2) by striking the amount identified as the total in the amount column and inserting ‘‘$1,352,524,000’’.

(b) CONFORMING AMENDMENT.—Section 2204(b)(4) of that Act

(117 Stat. 1706) is amended by striking ‘‘$96,980,000’’ and inserting

‘‘$113,632,000’’.

SEC. 2206. MODIFICATIONS OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2005 PROJECTS.

(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECTS.—

Section 2201 of the Military Construction Authorization Act for

Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat.

2105) is amended—

(1) in the table in subsection (a)—

(A) below the item relating to Naval Surface Warfare

Center, Indian Head, Maryland, by inserting ‘‘Naval Air

Warfare Center, Patuxent River’’ in the installation column

and ‘‘$95,200,000’’ in the amount column;

(B) in the item relating to Marine Corps Air Facility,

Quantico, Virginia, by striking ‘‘$73,838,000’’ in the amount

column and inserting ‘‘$74,470,000’’;

(C) in the item relating to Strategic Weapons Facility

Pacific, Bangor, Washington, by striking ‘‘$138,060,000’’

in the amount column and inserting ‘‘$147,760,000’’; and

(D) by striking the amount identified as the total in

the amount column and inserting ‘‘$1,057,587,000’’; and

(2) by striking subsection (c).

(b) CONFORMING AMENDMENTS.—Section 2204 of that Act (118

Stat. 2107) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘$712,927,000’’ and inserting ‘‘$752,927,000’’; and

(B) by striking paragraph (3); and

(2) in subsection (b)—

(A) in paragraph (4), by striking ‘‘$34,098,000’’ and inserting ‘‘$34,730,000’’; and

(B) by striking paragraph (7) and inserting the following new paragraphs:

‘‘(7) $9,700,000 (the balance of the amount authorized

under section 2201(a) for naval laboratory consolidation, Strategic Weapons Facility Pacific, Bangor, Washington).

‘‘(8) $55,200,000 (the balance of the amount authorized

under section 2201(a) for construction of a presidential helicopter programs support facility at Naval Air Warfare Center,

Patuxent River, Maryland).’’.

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

119 STAT. 3494 PUBLIC LAW 109–163—JAN. 6, 2006

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

Alabama .................... Maxwell Air Force Base ........................ $14,900,000

Alaska ....................... Clear Air Force Base ............................. $20,000,000

Elmendorf Air Force Base ..................... $84,820,000

Arizona ...................... Davis-Monthan Air Force Base ............. $8,600,000

Luke Air Force Base .............................. $13,000,000

Arkansas ................... Little Rock Air Force Base .................... $8,900,000

California .................. Beale Air Force Base ............................. $14,200,000

Edwards Air Force Base ........................ $103,000,000

Travis Air Force Base ............................ $46,400,000

Vandenberg Air Force Base .................. $16,845,000

Colorado .................... Buckley Air Force Base ......................... $20,100,000

Peterson Air Force Base ........................ $25,500,000

United States Air Force Academy ........ $13,000,000

Delaware ................... Dover Air Force Base ............................. $19,000,000

District of Columbia Bolling Air Force Base ........................... $14,900,000

Florida ....................... Cape Canaveral ...................................... $6,200,000

Hurlburt Field ........................................ $2,540,000

MacDill Air Force Base ......................... $107,200,000

Tyndall Air Force Base .......................... $21,500,000

Georgia ...................... Robins Air Force Base ........................... $7,600,000

Hawaii ....................... Hickam Air Force Base .......................... $13,378,000

Idaho ......................... Mountain Home Air Force Base ........... $9,835,000

Louisiana .................. Barksdale Air Force Base ...................... $10,800,000

Massachusetts .......... Hanscom Air Force Base ....................... $3,900,000

Mississippi ................ Columbus Air Force Base ...................... $10,000,000

Keesler Air Force Base .......................... $47,500,000

Missouri .................... Whiteman Air Force Base ..................... $5,721,000

Montana .................... Malmstrom Air Force Base ................... $13,500,000

Nebraska ................... Offutt Air Force Base ............................ $63,080,000

Nevada ...................... Indian Springs Auxiliary Field ............. $60,724,000

Nellis Air Force Base ............................. $24,370,000

New Jersey ............... McGuire Air Force Base ........................ $13,185,000

New Mexico .............. Kirtland Air Force Base ........................ $6,600,000

Holloman Air Force Base ...................... $15,000,000

North Dakota ............ Minot Air Force Base ............................. $8,700,000

Ohio ........................... Wright Patterson Air Force Base ......... $32,620,000

Oklahoma .................. Tinker Air Force Base ........................... $31,960,000

Vance Air Force Base ............................ $14,000,000

South Carolina ......... Charleston Air Force Base .................... $2,583,000

Shaw Air Force Base ............................. $16,030,000

South Dakota ............ Ellsworth Air Force Base ...................... $8,400,000

Texas ......................... Goodfellow Air Force Base .................... $4,300,000

Laughlin Air Force Base ....................... $7,900,000

Sheppard Air Force Base ....................... $36,000,000

Utah .......................... Hill Air Force Base ................................ $33,900,000

Virginia ..................... Langley Air Force Base ......................... $44,365,000

Washington ............... Fairchild Air Force Base ....................... $8,200,000

(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:

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3495

Air Force: Outside the United States

Country Installation or Location Amount

Germany ....................... Ramstein Air Base ................................. $11,650,000

Spangdahlem Air Base .......................... $12,474,000

Guam ............................ Andersen Air Base ................................. $18,500,000

Italy ............................... Aviano Air Base ...................................... $22,660,000

Korea ............................. Kunsan Air Base .................................... $47,900,000

Osan Air Base ......................................... $37,719,000

Portugal ........................ Lajes Field, Azores ................................. $12,000,000

Turkey ........................... Incirlik Air Base ..................................... $5,780,000

United Kingdom ........... Royal Air Force Lakenheath ................. $5,125,000

Royal Air Force Mildenhall ................... $13,500,000

SEC. 2302. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section

2304(a)(5)(A), the Secretary of the Air Force may construct or

acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number

of units, and in the amounts set forth in the following table:

Air Force: Family Housing

State or Country Installation or Location Units Amount

Alaska ................. Eielson Air Force Base ....... 392 .. $55,794,000

California ............ Edwards Air Force Base .... 226 .. $59,699,000

Florida ................. MacDill Air Force Base ...... 109 .. $40,982,000

Idaho ................... Mountain Home Air Force

Base.

194 .. $56,467,000

Missouri .............. Whiteman Air Force Base 111 .. $26,917,000

Montana .............. Malmstrom Air Force Base 296 .. $68,971,000

North Carolina ... Seymour Johnson Air Force

Base.

255 .. $48,868,000

North Dakota ...... Grand Forks Air Force

Base.

150 .. $43,353,000

Minot Air Force Base ......... 223 .. $44,548,000

South Carolina ... Charleston Air Force Base 10 .... $15,935,000

South Dakota ...... Ellsworth Air Force Base ... 60 .... $14,383,000

Texas ................... Dyess Air Force Base ......... 190 .. $43,016,000

Germany ............. Ramstein Air Base ............. 101 .. $62,952,000

Spangdahlem Air Base ...... 79 .... $45,385,000

Turkey ................. Incirlik Air Base ................. 100 .. $22,730,000

United Kingdom Royal Air Force

Lakenheath.

107 .. $48,437,000

(b) PLANNING AND DESIGN.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2304(a)(5)(A), the Secretary of the Air Force may carry out architectural 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 $37,104,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force

119 STAT. 3496 PUBLIC LAW 109–163—JAN. 6, 2006

may improve existing military family housing units in an amount

not to exceed $366,346,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby

authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and

military family housing functions of the Department of the Air

Force in the total amount of $3,157,356,000, as follows:

(1) For military construction projects inside the United

States authorized by section 2301(a), $989,756,000.

(2) For military construction projects outside the United

States authorized by section 2301(b), $187,308,000.

(3) For unspecified minor military construction projects

authorized by section 2805 of title 10, United States Code,

$15,929,000.

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$95,537,000.

(5) For military family housing functions:

(A) For construction and acquisition, planning and

design, and improvement of military family housing and

facilities, $1,101,887,000.

(B) For support of military family housing (including

functions described in section 2833 of title 10, United States

Code), $766,939,000.

(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 authorized 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) and (2) of subsection (a).

(2) $30,000,000 (the balance of the amount authorized

under section 2301(a) for construction of a C–17 maintenance

complex at Elmendorf Air Force Base, Alaska).

(3) $66,000,000 (the balance of the amount authorized

under section 2301(a) for construction of a main base runway

at Edwards Air Force Base, California).

(4) $29,000,000 (the balance of the amount authorized

under section 2301(a) for construction of a joint intelligence

center at MacDill Air Force Base, Florida).

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

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

2403(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 tables:

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3497

Defense Education Activity

State Installation or Location Amount

Georgia ............ Fort Stewart/Hunter Army Air Field .. $16,629,000

North Carolina Fort Bragg ............................................. $18,075,000

Defense Intelligence Agency

State Installation or Location Amount

District of Columbia .. Bolling Air Force Base .............. $7,900,000

Defense Logistics Agency

State Installation or Location Amount

Arizona .................. Yuma Proving Ground ................................... $7,300,000

California .............. Defense Distribution Depot, Tracy ............... $33,635,000

Miramar .......................................................... $23,000,000

Kansas ................... McConnell Air Force Base ............................. $15,800,000

New Mexico .......... Cannon Air Force Base .................................. $13,200,000

North Carolina ..... Seymour Johnson Air Force Base ................. $18,500,000

Pennsylvania ........ Defense Distribution Depot, New Cumberland.$6,500,000

Virginia ................. Fort Belvoir .................................................... $4,500,000

Naval Station, Norfolk ................................... $6,700,000

National Security Agency

State Installation or Location Amount

Georgia ....................... Augusta ...................................... $61,466,000

Hawaii ........................ Kunia .......................................... $305,000,000

Maryland ................... Fort Meade ................................. $41,200,000

Special Operations Command

State Installation or Location Amount

California .............. Naval Surface Warfare Center,

Coronado.

$28,350,000

Florida ................... Hurlburt Field ................................ $6,500,000

Eglin Air Force Base ...................... $12,800,000

Georgia .................. Fort Stewart/Hunter Army Air

Field.

$10,000,000

Kentucky ............... Fort Campbell ................................ $37,800,000

North Carolina ...... Fort Bragg ...................................... $18,069,000

Washington ........... Fort Lewis ...................................... $53,300,000

TRICARE Management Activity

State Installation or Location Amount

California .... Beale Air Force Base ................................ $18,000,000

119 STAT. 3498 PUBLIC LAW 109–163—JAN. 6, 2006

TRICARE Management Activity—Continued

State Installation or Location Amount

Naval Hospital, San Diego ....................... $15,000,000

Colorado ...... Peterson Air Force Base ........................... $1,820,000

Maryland .... Fort Detrick ............................................... $55,200,000

Uniformed Services University, Bethesda.$10,350,000

Mississippi .. Keesler Air Force Base ............................. $14,000,000

Nevada ........ Nellis Air Force Base ................................ $1,700,000

South Carolina.Charleston ................................................. $35,000,000

Texas ........... Lackland Air Force Base .......................... $11,000,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2403(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 tables:

Defense Education Activity

Country Installation or Location Amount

Germany ......... Landstuhl .............................................. $6,543,000

Vilseck ................................................... $2,323,000

Guam .............. Agana ..................................................... $40,578,000

Korea ............... Taegu ..................................................... $8,231,000

Spain ............... Naval Station, Rota .............................. $7,963,000

Defense Logistics Agency

Country Installation or Location Amount

Greece ................... Souda Bay ....................................................... $7,089,000

Missile Defense Agency

Country Installation or Location Amount

Kwajalein ................... Kwajalein Atoll .......................... $4,901,000

National Security Agency

Country Installation or Location Amount

United Kingdom ........ Menwith Hill .............................. $86,354,000

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3499

TRICARE Management Activity

Country Installation or Location Amount

Bahrain ...................... ..................................................... $4,750,000

SEC. 2402. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2403(a)(5), 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. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, 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 $2,817,039,000, as follows:

(1) For military construction projects inside the United

States authorized by section 2401(a), $626,609,000.

(2) For military construction projects outside the United

States authorized by section 2401(b), $123,104,000.

(3) For unspecified minor military construction projects

under section 2805 of title 10, United States Code, $15,736,000.

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$136,406,000.

(5) For energy conservation projects authorized by section

2402 of this Act, $50,000,000.

(6) For base closure and realignment activities as authorized 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) and funded through the Department of Defense

Base Closure Account 1990 established by section 2906 of such

Act, $254,827,000.

(7) For base closure and realignment activities as authorized 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) and funded through the Department of Defense

Base Closure Account 2005 established by section 2906A of

such Act, $1,504,466,000.

(8) For military family housing functions:

(A) For support of military family housing (including

functions described in section 2833 of title 10, United States

Code), $46,391,000.

(B) 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.

(9) For the construction of increment 2 of the hospital

replacement at Fort Belvoir, Virginia, authorized by section

2401(a) of the Military Construction Authorization Act for

Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat.

2112), $57,000,000.

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853

119 STAT. 3500 PUBLIC LAW 109–163—JAN. 6, 2006

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section

2401 of this Act may not exceed the sum of the following:

(1) The total amount authorized to be appropriated under

paragraphs (1) and (2) of subsection (a).

(2) $12,500,000 (the balance of the amount authorized

under section 2401(a) for construction of a regional security

operations center, Augusta, Georgia).

(3) $256,034,000 (the balance of the amount authorized

under section 2401(a) for replacement of a regional security

operations center, Kunia, Hawaii).

(4) $13,151,000 (the balance of the amount authorized

under section 2401(a) for construction of a classified material

conversion facility, Fort Meade, Maryland).

(5) $44,657,000 (the balance of the amount authorized

under section 2401(b) for construction of an operations building,

Royal Air Force Menwith Hill Station, United Kingdom).

(c) NOTICE AND WAIT REQUIREMENT APPLICABLE TO OBLIGATION

OF FUNDS FOR BASE CLOSURE AND REALIGNMENT ACTIVITIES.—

Funds appropriated pursuant to the authorization of appropriations

in subsection (a)(7) may not be obligated until—

(1) a period of 21 days has expired following the date

on which the Secretary of Defense submits to the congressional

defense committees a report describing the specific programs,

projects, and activities for which the funds are to be obligated;

or

(2) if over sooner, a period of 14 days has expired following

the date on which a copy of the report is provided in an

electronic medium pursuant to section 480 of title 10, United

States Code.

TITLE XXV—NORTH ATLANTIC TREATY

ORGANIZATION SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

The Secretary of Defense may make contributions for the North

Atlantic Treaty Organization Security Investment program as provided in section 2806 of title 10, United States Code, in an amount

not to exceed the sum of the amount authorized to be appropriated

for this 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, 2005, for contributions by the Secretary of Defense under section 2806 of title 10, United States

Code, for the share of the United States of the cost of projects

for the North Atlantic Treaty Organization Security Investment

program authorized by section 2501, in the amount of $206,858,000.

Reports.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3501

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, 2005, 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), in the following

amounts:

(1) For the Department of the Army—

(A) for the Army National Guard of the United States,

$523,151,000; and

(B) for the Army Reserve, $152,569,000.

(2) For the Department of the Navy, for the Navy Reserve

and Marine Corps Reserve, $46,864,000.

(3) For the Department of the Air Force—

(A) for the Air National Guard of the United States,

$316,117,000; and

(B) for the Air Force Reserve, $105,883,000.

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 2003 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 2002 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, 2008; or

(2) the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2009.

(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 authorizations of appropriations therefor), for which appropriated funds have

been obligated before the later of—

(1) October 1, 2008; or

(2) the date of the enactment of an Act authorizing funds

for fiscal year 2009 for military construction projects, land

119 STAT. 3502 PUBLIC LAW 109–163—JAN. 6, 2006

acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2003 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2701 of the Military

Construction Authorization Act for Fiscal Year 2003 (division B

of Public Law 107–314; 116 Stat. 2700), authorizations set forth

in the tables in subsection (b), as provided in section 2301, 2302,

or 2401 of that Act, shall remain in effect until October 1, 2006,

or the date of the enactment of an Act authorizing funds for military

construction for fiscal year 2007, whichever is later.

(b) TABLES.—The tables referred to in subsection (a) are as

follows:

Air Force: Extension of 2003 Project Authorizations

Installation or Location Project Amount

Aviano Air Base, Italy ..................... Area consolidation .............. $5,000,000

Eglin Air Force Base, Florida ......... Family housing (134 units) $15,906,000

Family housing office ......... $597,000

Keesler Air Force Base, Mississippi Family housing (117 units) $16,505,000

Randolph Air Force Base, Texas .... Family housing (112 units) $14,311,000

Housing maintenance facility.$447,000

Defense Wide: Extension of 2003 Project Authorization

Installation or Location Project Amount

Stennis Space Center, Mississippi SOF Training Range .......... $5,000,000

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

2002 PROJECTS.

(a) EXTENSION AND RENEWAL.—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 or 2302 of that Act and extended by section 2702 of the

Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2116), shall remain in

effect until October 1, 2006, or the date of the enactment of an

Act authorizing funds for military construction for fiscal year 2007,

whichever is later.

(b) TABLES.—The tables referred to in subsection (a) are as

follows:

Army: Extension of 2002 Project Authorization

Installation or Location Project Amount

Pohakuloa Training Area, Hawaii Land acquisition ................. $1,500,000

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3503

Air Force: Extension of 2002 Project Authorization

Installation or Location Project Amount

Barksdale Air Force Base, Louisiana.Family housing (56 units) .. $7,300,000

TITLE XXVIII—GENERAL PROVISIONS

SUBTITLE A—MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY

HOUSING CHANGES

Sec. 2801. Modification of congressional notification requirements for certain military construction activities.

Sec. 2802. Increase in number of family housing units in Korea authorized for lease

by the Army at maximum amount.

Sec. 2803. Improvement in availability and timeliness of Department of Defense information regarding military construction and family housing accounts

and activities.

Sec. 2804. Modification of cost variation authority.

Sec. 2805. Inapplicability to child development centers of restriction on authority to

acquire or construct ancillary supporting facilities.

Sec. 2806. Department of Defense Housing Funds.

Sec. 2807. Use of design-build selection procedures to accelerate design effort in

connection with military construction projects.

Sec. 2808. Acquisition of associated utilities, equipment, and furnishings in reserve

component facility exchange.

Sec. 2809. One-year extension of temporary, limited authority to use operation and

maintenance funds for construction projects outside the United States.

Sec. 2810. Temporary program to use minor military construction authority for construction of child development centers.

Sec. 2811. General and flag officers quarters in the National Capital Region.

SUBTITLE B—REAL PROPERTY AND FACILITIES ADMINISTRATION

Sec. 2821. Consolidation of Department of Defense land acquisition authorities and

limitations on use of such authorities.

Sec. 2822. Modification of authorities on agreements to limit encroachments and

other constraints on military training, testing, and operations.

Sec. 2823. Modification of utility system conveyance authority and related reporting requirements.

Sec. 2824. Report on application of force protection and anti-terrorism standards to

leased facilities.

Sec. 2825. Report on use of ground source heat pumps at Department of Defense

facilities.

SUBTITLE C—BASE CLOSURE AND REALIGNMENT

Sec. 2831. Additional reporting requirements regarding base closure process and

use of Department of Defense base closure accounts.

Sec. 2832. Expanded availability of adjustment and diversification assistance for

communities adversely affected by mission realignments in base closure

process.

Sec. 2833. Treatment of Indian Tribal Governments as public entities for purposes

of disposal of real property recommended for closure in July 1993 BRAC

Commission report.

Sec. 2834. Termination of project authorizations for military installations approved

for closure in 2005 round of base realignments and closures.

Sec. 2835. Required consultation with State and local entities on issues related to

increase in number of military personnel at military installations.

Sec. 2836. Sense of Congress regarding infrastructure and installation requirements for transfer of units and personnel from closed and realigned

military installations to receiving locations.

Sec. 2837. Defense access road program and military installations affected by defense base closure process or Integrated Global Presence and Basing

Strategy.

Sec. 2838. Sense of Congress on reversionary interests involving real property at

Navy homeports.

119 STAT. 3504 PUBLIC LAW 109–163—JAN. 6, 2006

SUBTITLE D—LAND CONVEYANCES

PART 1—ARMY CONVEYANCES

Sec. 2841. Land conveyance, Camp Navajo, Arizona.

Sec. 2842. Land conveyance, Iowa Army Ammunition Plant, Middletown, Iowa.

Sec. 2843. Land conveyance, Helena, Montana.

Sec. 2844. Lease authority, Army Heritage and Education Center, Carlisle, Pennsylvania.

Sec. 2845. Land exchange, Fort Hood, Texas.

Sec. 2846. Modification of land conveyance, Engineer Proving Ground, Fort Belvoir,

Virginia.

Sec. 2847. Land conveyance, Fort Belvoir, Virginia.

Sec. 2848. Land conveyance, Army Reserve Center, Bothell, Washington.

PART 2—NAVY CONVEYANCES

Sec. 2851. Land conveyance, Marine Corps Air Station, Miramar, San Diego, California.

Sec. 2852. Lease or license of United States Navy Museum facilities at Washington

Navy Yard, District of Columbia.

PART 3—AIR FORCE CONVEYANCES

Sec. 2861. Purchase of build-to-lease family housing, Eielson Air Force Base, Alaska.

Sec. 2862. Land conveyance, Air Force property, Jacksonville, Arkansas.

Sec. 2863. Land conveyance, Air Force property, La Junta, Colorado.

Sec. 2864. Lease, National Imagery and Mapping Agency site, St. Louis, Missouri.

SUBTITLE E—OTHER MATTERS

Sec. 2871. Clarification of moratorium on certain improvements at Fort Buchanan,

Puerto Rico.

Sec. 2872. Transfer of excess Department of Defense property on Santa Rosa and

Okaloosa Island, Florida, to Gulf Islands National Seashore.

Sec. 2873. Authorized military uses of Papago Park Military Reservation, Phoenix,

Arizona.

Sec. 2874. Assessment of water needs for Presidio of Monterey and Ord Military

Community.

Sec. 2875. Redesignation of McEntire Air National Guard Station, South Carolina,

as McEntire Joint National Guard Base.

Sec. 2876. Sense of Congress regarding community impact assistance related to

construction of Navy landing field, North Carolina.

Sec. 2877. Sense of Congress on establishment of Bakers Creek Memorial.

Subtitle A—Military Construction Program

and Military Family Housing Changes

SEC. 2801. MODIFICATION OF CONGRESSIONAL NOTIFICATION

REQUIREMENTS FOR CERTAIN MILITARY CONSTRUCTION ACTIVITIES.

(a) CONTINGENCY CONSTRUCTION.—Section 2804(b) of title 10,

United States Code, is amended—

(1) by striking ‘‘21-day period’’ and inserting ‘‘14-day

period’’; and

(2) by striking ‘‘14-day period’’ and inserting ‘‘seven-day

period’’.

(b) ACQUISITION IN LIEU OF CONSTRUCTION.—Section 2813(c)

of such title is amended—

(1) by striking ‘‘30-day period’’ and inserting ‘‘21-day

period’’; and

(2) by striking ‘‘21-day period’’ and inserting ‘‘14-day

period’’.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3505

SEC. 2802. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN

KOREA AUTHORIZED FOR LEASE BY THE ARMY AT MAXIMUM AMOUNT.

Section 2828(e)(4) of title 10, United States Code, is amended

by striking ‘‘2,400’’ and inserting ‘‘2,800’’.

SEC. 2803. IMPROVEMENT IN AVAILABILITY AND TIMELINESS OF

DEPARTMENT OF DEFENSE INFORMATION REGARDING

MILITARY CONSTRUCTION AND FAMILY HOUSING

ACCOUNTS AND ACTIVITIES.

(a) MAINTENANCE OF INFORMATION ON INTERNET.—Section 2851

of title 10, United States Code, is amended by adding at the end

the following new subsection:

‘‘(c) MAINTENANCE OF MILITARY CONSTRUCTION INFORMATION

ON INTERNET; ACCESS.—(1) The Secretary of Defense shall maintain

an Internet site that, when activated by a person authorized under

paragraph (3), will permit the person to access and view on a

separate page of the Internet site a document or other file containing the information required by paragraph (2) for the following:

‘‘(A) Each military construction project or military family

housing project that has been specifically authorized by Act

of Congress.

‘‘(B) Each project carried out with funds authorized for

the operation and maintenance of military family housing.

‘‘(C) Each project carried out with funds authorized for

the improvement of military family housing units.

‘‘(D) Each unspecified minor construction project carried

out under the authority of section 2805(a) of this title.

‘‘(E) Each military construction project or military family

housing project regarding which a statutory requirement exists

to notify Congress.

‘‘(2) The information to be provided via the Internet site

required by paragraph (1) for each project described in such paragraph shall include the following:

‘‘(A) The solicitation date and award date (or anticipated

dates) for each contract entered into (or to be entered into)

by the United States in connection with the project.

‘‘(B) The contract recipient, contract award amount,

construction milestone schedule proposed by the contractor,

and construction completion date stipulated in the awarded

contract.

‘‘(C) The most current Department of Defense Form 1391,

Military Construction Project Data, for the project.

‘‘(D) The progress of the project, including the percentage

of construction currently completed and the current estimated

construction completion date.

‘‘(E) The current contract obligation of funds for the project,

including any changes to the original contract award amount.

‘‘(F) The estimated final cost of the project and, if the

estimated final cost of the project exceeds the amount appropriated for the project and funds have been provided from

another source to meet the increased cost, the source of the

funds and the amount provided.

‘‘(G) If funds appropriated for the project have been diverted

for use in another project, the project to which the funds were

diverted and the amount so diverted.

119 STAT. 3506 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(H) For accounts such as planning and design, unspecified

minor construction, and family housing operation and maintenance, detailed information regarding expenditures and anticipated expenditures under these accounts and the purposes

for which the expenditures are made.

‘‘(3) Access to the Internet site required by paragraph (1) shall

be restricted to the following persons:

‘‘(A) Members of the congressional defense committees and

their staff.

‘‘(B) Staff of the congressional defense committees.

‘‘(4) The information required to be provided for each project

described in paragraph (1) shall be made available to the persons

referred to in paragraph (3) not later than 90 days after the award

of a contract or delivery order for the project. The Secretary of

Defense shall update the required information as promptly as practicable, but not less frequently than once a month, to ensure that

the information is available to such persons in a timely manner.’’.

(b) IMPLEMENTATION.—The Internet site required by subsection

(c) of section 2851 of title 10, United States Code, as added by

subsection (a), shall be available to the persons referred to in

paragraph (3) of such subsection not later than July 15, 2006.

(c) STYLISTIC AMENDMENTS.—Such section is further amended—

(1) in subsection (a), by inserting ‘‘SUPERVISION OF MILITARY DEPARTMENT PROJECTS.—’’ after ‘‘(a)’’; and

(2) in subsection (b), by inserting ‘‘SUPERVISION OF DEFENSE

AGENCY PROJECTS.—’’ after ‘‘(b)’’

SEC. 2804. MODIFICATION OF COST VARIATION AUTHORITY.

(a) LIMITATION ON COST DECREASES RELATED TO MILITARY

CONSTRUCTION AND MILITARY FAMILY HOUSING PROJECTS.—Section

2853 of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by striking ‘‘may be increased by not more than

25 percent’’ and inserting ‘‘may be increased or decreased

by not more than 25 percent’’; and

(B) by striking ‘‘if the Secretary concerned determines

that such an increase in cost is required’’ and inserting

‘‘if the Secretary concerned determines that such revised

cost is required’’;

(2) in subsection (c)—

(A) by striking ‘‘limitation on cost increase’’ and

inserting ‘‘limitation on cost variations’’; and

(B) by striking ‘‘the increase’’ both places it appears

and inserting ‘‘the variation’’; and

(3) in subsection (d), by striking ‘‘limitation on cost

increases’’ and inserting ‘‘limitation on cost variations’’.

(b) ADDITIONAL INFORMATION REQUIRED FOR NOTIFICATION IN

CONNECTION WITH WAIVER OF LIMITATIONS ON COST INCREASES.—

Subsection (c)(2) of such section is further amended by inserting

after ‘‘the reasons therefor’’ the following: ‘‘, including a description

of the funds proposed to be used to finance any increased costs’’.

(c) TECHNICAL AMENDMENTS.—

(1) SECTION HEADING.—The heading of such section is

amended to read as follows:

Deadline.

10 USC 2851

note.

Deadline.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3507

‘‘§ 2853. Authorized cost and scope of work variations’’.

(2) TABLE OF SECTIONS.—The item relating to such section

in the table of sections at the beginning of subchapter III

of chapter 169 of such title is amended to read as follows:

‘‘2853. Authorized cost and scope of work variations.’’.

SEC. 2805. INAPPLICABILITY TO CHILD DEVELOPMENT CENTERS OF

RESTRICTION ON AUTHORITY TO ACQUIRE OR CONSTRUCT ANCILLARY SUPPORTING FACILITIES.

(a) EXCEPTION FOR CHILD DEVELOPMENT CENTERS.—Section

2881(b) of title 10, United States Code, is amended by inserting

‘‘(other than a child development center)’’ after ‘‘ancillary supporting

facility’’.

(b) CHILD DEVELOPMENT CENTER DEFINED.—Section 2871 of

such title is amended—

(1) in paragraph (1), by inserting ‘‘child development centers,’’ after ‘‘day care centers,’’; and

(2) by inserting after paragraph (1) the following new paragraph:

‘‘(2) The term ‘child development center’ includes a facility,

and the utilities to support such facility, the function of which

is to support the daily care of children aged six weeks old

through five years old for full-day, part-day, and hourly

service.’’.

(c) RULE OF CONSTRUCTION.—Nothing in the amendment made

by subsection (a) may be construed to alter any law and regulation

applicable to the operation of a child development center, as defined

in section 2871(2) of title 10, United States Code.

SEC. 2806. DEPARTMENT OF DEFENSE HOUSING FUNDS.

(a) REQUIREMENT TO FUND CERTAIN ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING SOLELY THROUGH DEFENSE HOUSING

FUNDS.—Subsection (e) of section 2883 of title 10, United States

Code, is amended—

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) The Secretary’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) The Funds established under subsection (a) shall be the

sole source of funds for activities carried out under this subchapter.’’.

(b) AUTHORITY TO TRANSFER FUNDS APPROPRIATED FOR THE

IMPROVEMENT OF MILITARY FAMILY HOUSING TO DEFENSE HOUSING

FUNDS.—Subsection (c)(1)(B) of such section is amended by striking

‘‘acquisition or construction’’ and inserting ‘‘acquisition, improvement, or construction’’.

(c) REPORTING REQUIREMENTS RELATED TO DEPARTMENT OF

DEFENSE HOUSING FUNDS.—Section 2884 of such title is amended—

(1) in subsection (a)(2)(D), by inserting after ‘‘description

of the source of such funds’’ the following: ‘‘, including a description of the specific construction, acquisition, or improvement

projects from which funds were transferred to the Funds established under section 2883 of this title in order to finance the

contract, conveyance, or lease’’; and

(2) in subsection (b)(1)—

(A) by striking ‘‘a report’’ and inserting ‘‘a separate

report’’;

10 USC 2881

note.

119 STAT. 3508 PUBLIC LAW 109–163—JAN. 6, 2006

(B) by striking ‘‘covering the Funds’’ and inserting

‘‘covering each of the Funds’’; and

(C) by striking the period at the end and inserting

the following: ‘‘, including a description of the specific

construction, acquisition, or improvement projects from

which funds were transferred and the privatization projects

or contracts to which those funds were transferred. Each

report shall also include, for each military department or

defense agency, a description of all funds to be transferred

to such Funds for the current fiscal year and the next

fiscal year.’’.

SEC. 2807. USE OF DESIGN-BUILD SELECTION PROCEDURES TO ACCELERATE DESIGN EFFORT IN CONNECTION WITH MILITARY

CONSTRUCTION PROJECTS.

(a) CLARIFICATION OF CONDITION ON CONTRACTS.—Paragraph

(2) of subsection (f) of section 2305a of title 10, United States

Code, is amended to read as follows:

‘‘(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

United States in a termination for convenience before funds are

first made available for construction may not exceed an amount

attributable to the final design of the project.’’.

(b) DURATION OF AUTHORITY; REPORT.—Paragraph (4) of such

subsection is amended by striking ‘‘2007’’ each place it appears

and inserting ‘‘2008’’.

SEC. 2808. ACQUISITION OF ASSOCIATED UTILITIES, EQUIPMENT, AND

FURNISHINGS IN RESERVE COMPONENT FACILITY

EXCHANGE.

(a) ACQUISITION AUTHORITY.—Section 18240 of title 10, United

States Code, is amended—

(1) in subsection (a), by adding at the end the following

new sentence: ‘‘The acquisition of a facility or an addition

to an existing facility under this section may include the

acquisition of utilities, equipment, and furnishings for the

facility.’’; and

(2) in subsection (c), by inserting ‘‘including any utilities,

equipment, and furnishings, to be’’ after ‘‘existing facility,’’.

(b) CONFORMING AMENDMENT.—Section 2809(c)(1) of the Military Construction Authorization Act for Fiscal Year 2005 (division

B of Public Law 108–375; 118 Stat. 2127) is amended by inserting

‘‘including any utilities, equipment, and furnishings,’’ after ‘‘existing

facility,’’.

SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED

AUTHORITY TO USE OPERATION AND MAINTENANCE

FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE

UNITED STATES.

(a) CONDITIONAL EXTENSION.—Section 2808 of the Military

Construction Authorization Act for Fiscal Year 2004 (division B

of Public Law 108–136; 117 Stat. 1723), as amended by section

2810 of the Military Construction Authorization Act for Fiscal Year

2005 (division B of Public Law 108–375; 118 Stat. 2128), is further

amended—

(1) in subsection (a), by striking ‘‘fiscal year 2005’’ and

inserting ‘‘fiscal years 2005 and 2006’’; and

10 USC 18240

note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3509

(2) in subsection (d)(2)—

(A) by striking ‘‘during fiscal year 2005’’ and inserting

‘‘during a fiscal year’’;

(B) by inserting ‘‘for that fiscal year’’ after ‘‘commence’’;

and

(C) by striking ‘‘for fiscal year 2004’’ and inserting

‘‘for the preceding fiscal year’’.

(b) LIMITATION ON USE OF AUTHORITY.—Subsection (c)(1) of

such section 2808 is amended by striking ‘‘$200,000,000’’ and

inserting ‘‘$100,000,000’’.

(c) QUARTERLY REPORTS.—Subsection (d) of such section 2808

is amended by striking paragraph (1) and inserting the following

new paragraph:

‘‘(1) Not later than 30 days after the end of each fiscal-year

quarter during which appropriated funds available for operation

and maintenance are obligated or expended to carry out construction

projects outside the United States, the Secretary of Defense shall

submit to the congressional committees specified in subsection (f)

a report on the worldwide obligation and expenditure during that

quarter of such appropriated funds for such construction projects.’’.

(d) EFFECT OF FAILURE TO SUBMIT QUARTERLY REPORTS OR

PROJECT NOTIFICATIONS.—Such section 2808 is further amended

by adding at the end the following new subsection:

‘‘(g) EFFECT OF FAILURE TO SUBMIT QUARTERLY REPORTS OR

PROJECT NOTIFICATIONS.—If the report for a fiscal-year quarter

under subsection (d) or the notice of the obligation of the funds

for a construction project required by subsection (b) is not submitted

to the congressional committees specified in subsection (f) by the

required date, appropriated funds available for operation and

maintenance may not be obligated or expended after that date

under the authority of this section to carry out construction projects

outside the United States until the date on which the report or

notice is finally submitted.’’.

SEC. 2810. TEMPORARY PROGRAM TO USE MINOR MILITARY

CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF

CHILD DEVELOPMENT CENTERS.

(a) THRESHOLDS ON CONSTRUCTION AUTHORIZED.—The Secretary of Defense shall establish a program to carry out minor

military construction projects under section 2805 of title 10, United

States Code, to construct child development centers.

(b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO MINOR

CONSTRUCTION PROJECTS.—For the purpose of any military

construction project carried out under the program authorized by

this section, the amounts specified in section 2805 of title 10,

United States Code, are modified as follows:

(1) The amount specified in the third sentence of subsection

(a)(1) of such section is deemed to be $8,000,000.

(2) The amount specified in the second sentence of subsection (a)(1) and in subsection (c)(1)(A) of such section is

deemed to be $7,000,000.

(3) The amount specified in subsections (b)(1) and (c)(1)(B)

of such section is deemed to be $5,000,000.

(c) NOTIFICATION, REVIEW AND APPROVAL REQUIREMENTS.—The

notification requirements under section 2805 of title 10, United

States Code, shall remain in effect for construction projects carried

out under the program authorized by this section. The Secretary Procedures.

119 STAT. 3510 PUBLIC LAW 109–163—JAN. 6, 2006

shall establish procedures for the review and approval of requests

from the Secretaries of military departments to carry out construction projects under the program.

(d) REPORT REQUIRED.—Not later than March 1, 2007, the

Secretary of Defense shall submit to the congressional defense

committees a report on the program authorized by this section.

The report shall include a list and description of the construction

projects carried out under the program, including the location and

cost of each project.

(e) EXPIRATION OF AUTHORITY.—The authority to obligate funds

to carry out a minor military construction project under the program

authorized by this section expires on September 30, 2007.

(f) CONSTRUCTION OF AUTHORITY.—Nothing in this section may

be construed to limit any other authority provided by law for

a military construction project at a child development center.

(g) CHILD DEVELOPMENT CENTER DEFINED.—In this section,

the term ‘‘child development center’’ includes a facility, and the

utilities to support such facility, the function of which is to support

the daily care of children aged six weeks old through five years

old for full-day, part-day, and hourly service.

SEC. 2811. GENERAL AND FLAG OFFICERS QUARTERS IN THE

NATIONAL CAPITAL REGION.

(a) SERVICE-BY-SERVICE REPORT ON NEED FOR QUARTERS IN

NATIONAL CAPITAL REGION.—Not later than March 15, 2006, the

Secretary of each of the military departments shall submit to the

congressional defense committees a report containing an analysis

of the anticipated needs of the Armed Forces under the jurisdiction

of that Secretary for family housing units for general officers and

flag officers in the National Capital Region. In conducting the

analysis, the Secretary shall consider the necessity of providing

housing for general officers and flag officers in secure locations

in the National Capital Region, but shall not consider the number

of existing Government-owned units in the National Capital Region.

(b) USE OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING.—The Secretary of a military

department shall include in the report prepared by the Secretary

under subsection (a) an assessment of the viability and economic

impact of incorporating the inventory of general officer and flag

officer quarters of that military department in the National Capitol

Region into transactions carried out using the alternative authority

for the acquisition and improvement of military housing provided

by subchapter IV of chapter 169 of title 10, United States Code.

The assessment shall include an economic analysis of the potential

costs to include general officer and flag officer quarters into existing

and planned housing privatization transactions.

(c) 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.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3511

Subtitle B—Real Property and Facilities

Administration

SEC. 2821. CONSOLIDATION OF DEPARTMENT OF DEFENSE LAND

ACQUISITION AUTHORITIES AND LIMITATIONS ON USE

OF SUCH AUTHORITIES.

(a) LAND ACQUISITION AUTHORITY.—Chapter 159 of title 10,

United States Code, is amended—

(1) in section 2663—

(A) by striking the section heading and inserting the

following new section heading:

‘‘§ 2663. Land acquisition authorities’’;

(B) in subsection (a)—

(i) by redesignating paragraphs (1), (2), and (3)

as subparagraphs (A), (B), and (C), respectively;

(ii) in subparagraph (C), as so redesignated, by

striking ‘‘clause (2)’’ and inserting ‘‘subparagraph (B)’’;

and

(iii) by inserting ‘‘ACQUISITION OF LAND BY CONDEMNATION FOR CERTAIN MILITARY PURPOSES.—(1)’’

before ‘‘The Secretary’’;

(C) by redesignating subsection (b) as paragraph (2)

and, in such paragraph, by striking ‘‘subsection (a)’’ and

inserting ‘‘paragraph (1)’’;

(D) by redesignating subsection (c) as subsection (b)

and, in such subsection, by inserting ‘‘ACQUISITION BY PURCHASE IN LIEU OF CONDEMNATION.—’’ before ‘‘The Secretary’’; and

(E) by striking subsection (d);

(2) by transferring subsections (a), (b), and (d) of section

2672 to section 2663 and inserting such subsections in that

order after subsection (b), as redesignated by paragraph (1)(D);

(3) in subsection (a), as transferred by paragraph (2), by

striking ‘‘(a) ACQUISITION AUTHORITY’’ and inserting ‘‘(c)

ACQUISITION OF LOW-COST INTERESTS IN LAND’’;

(4) in subsection (b), as transferred by paragraph (2)—

(A) by striking ‘‘(b) ACQUISITION OF MULTIPLE PARCELS.—This section’’ and inserting ‘‘(3) This subsection’’;

(B) by striking ‘‘subsection (a)(1)’’ and inserting ‘‘paragraph (1)’’; and

(C) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘paragraph (2)’’;

(5) in subsection (d), as transferred by paragraph (2)—

(A) by striking ‘‘(d) AVAILABILITY OF FUNDS.—Appropriations’’ and inserting ‘‘(4) Appropriations’’; and

(B) by striking ‘‘this section’’ and inserting ‘‘this subsection’’;

(6) by transferring subsections (a), (c), and (b) of section

2672a to section 2663 and inserting such subsections in that

order after subsection (c), as redesignated and amended by

paragraphs (3), (4), and (5);

(7) in subsection (a), as transferred by paragraph (6)—

(A) by redesignating paragraphs (1), (2), and (3) as

subparagraphs (A), (B), and (C), respectively; and

119 STAT. 3512 PUBLIC LAW 109–163—JAN. 6, 2006

(B) by striking ‘‘(a) The Secretary’’ and inserting ‘‘(d)

ACQUISITION OF INTERESTS IN LAND WHEN NEED IS

URGENT.—(1) The Secretary’’;

(8) in subsection (c), as transferred by paragraph (6)—

(A) by striking ‘‘(c)’’ and inserting ‘‘(2)’’; and

(B) by striking ‘‘this section’’ and inserting ‘‘this subsection’’;

(9) in subsection (b), as transferred by paragraph (6)—

(A) by striking ‘‘(b)’’ and inserting ‘‘(3)’’;

(B) by striking ‘‘this section’’ in the first sentence and

inserting ‘‘this subsection’’; and

(C) by striking the second sentence;

(10) by transferring subsection (b) of section 2676 to section

2663 and inserting such subsection after subsection (d), as

redesignated and amended by paragraphs (7), (8), and (9);

and

(11) in subsection (b), as transferred by paragraph (10),

by striking ‘‘(b) Authority’’ and inserting ‘‘(e) SURVEY

AUTHORITY; ACQUISITION METHODS.—Authority’’.

(b) LIMITATIONS ON ACQUISITION AUTHORITY.—Section 2676 of

such title, as amended by subsection (a)(10), is further amended—

(1) in subsection (a)—

(A) by inserting ‘‘AUTHORIZATION FOR ACQUISITION

REQUIRED.—’’ before ‘‘No military department’’; and

(B) by striking ‘‘, as amended’’;

(2) in subsection (c)—

(A) in paragraph (1), by inserting ‘‘COST LIMITATIONS.—’’ before ‘‘(1)’’; and

(B) in paragraph (2)—

(i) by striking ‘‘A land’’ and inserting ‘‘Until subsection (d) is complied with, a land’’; and

(ii) by striking ‘‘lesser,’’ and all that follows through

the period at the end and inserting ‘‘lesser.’’;

(3) in subsection (d), by inserting ‘‘CONGRESSIONAL

NOTIFICATION.—’’ before ‘‘The limitations’’; and

(4) in subsection (e), by inserting ‘‘PAYMENT OF JUDGEMENTS AND SETTLEMENTS.—’’ before ‘‘The Secretary’’.

(c) TRANSFER AND REDESIGNATION OF REVISED LIMITATION SECTION.—Section 2676 of such title, as amended by subsections (a)(10)

and (b)—

(1) is inserted after section 2663 of such title, as amended

by subsection (a); and

(2) is amended by striking the section heading and inserting

the following new section heading:

‘‘§ 2664. Limitations on real property acquisition’’.

(d) INCLUSION OF LIMITATION ON LAND ACQUISITION COMMISSIONS.—Subsection (c) of section 2661 of such title is transferred

to section 2664 of such title, as redesignated by subsection (c)(2),

is inserted after subsection (a) of such redesignated section, and

is redesignated as subsection (b).

(e) APPLICATION OF REAL PROPERTY MANAGEMENT AUTHORITIES

TO PENTAGON RESERVATION.—Section 2661 of such title is amended

by adding at the end the following new subsection:

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3513

‘‘(d) TREATMENT OF PENTAGON RESERVATION.—In this chapter,

the terms ‘Secretary concerned’ and ‘Secretary of a military department’ include the Secretary of Defense with respect to the Pentagon

Reservation.’’.

(f) CONFORMING REPEALS.—Sections 2672 and 2672a of such

title are repealed.

(g) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 159 of such title is amended—

(1) by striking the items relating to sections 2663, 2672,

2672a, and 2676; and

(2) by inserting after the item relating to section 2662

the following new items:

‘‘2663. Land acquisition authorities.

‘‘2664. Limitations on real property acquisition.’’.

SEC. 2822. MODIFICATION OF AUTHORITIES ON AGREEMENTS TO LIMIT

ENCROACHMENTS AND OTHER CONSTRAINTS ON MILITARY TRAINING, TESTING, AND OPERATIONS.

(a) EXPANSION OF AGREEMENTS AUTHORIZED.—

(1) IN GENERAL.—Subsection (a) of section 2684a of title

10, United States Code, is amended—

(A) by inserting ‘‘or entities’’ after ‘‘entity’’; and

(B) by striking ‘‘in the vicinity of a military installation’’

and inserting ‘‘in the vicinity of, or ecologically related

to, a military installation or military airspace’’.

(2) CONFORMING AMENDMENTS.—Subsection (d) of such section is amended—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by

inserting ‘‘or entities’’ after ‘‘eligible entity’’; and

(ii) in subparagraph (A), by inserting ‘‘or entities’’

after ‘‘the entity’’; and

(B) in paragraph (3), by inserting ‘‘or entities’’ after

‘‘the entity’’.

(b) COST-SHARING OF ACQUISITION COSTS OF PROPERTY AND

INTERESTS.—Subsection (d) of such section is further amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by

striking ‘‘may provide’’ and inserting ‘‘shall provide’’; and

(B) by striking subparagraph (B) and inserting the

following new subparagraph (B):

‘‘(B) the sharing by the United States and the entity or

entities of the acquisition costs in accordance with paragraph

(3).’’;

(2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and

(3) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3)(A) The Secretary concerned shall determine the appropriate

portion of the acquisition costs to be borne by the United States

in the sharing of acquisition costs of real property, or an interest

in real property, under paragraph (1)(B).

‘‘(B) The portion of acquisition costs borne by the United States

in the sharing of acquisition costs of real property, or an interest

in real property, under paragraph (1)(B) may not exceed an amount

equal to the fair market value of any property or interest to be

119 STAT. 3514 PUBLIC LAW 109–163—JAN. 6, 2006

transferred to the United States upon the request of the Secretary

concerned under paragraph (4).

‘‘(C) The contribution of an entity or entities to the acquisition

costs of real property, or an interest in real property, under paragraph (1)(B) may include, with the approval of the Secretary concerned, the following or any combination of the following:

‘‘(i) The provision of funds, including funds received by

such entity or entities from a Federal agency outside the

Department of Defense or a State or local government in

connection with a Federal, State, or local program.

‘‘(ii) The provision of in-kind services, including services

related to the acquisition or maintenance of such real property

or interest in real property.

‘‘(iii) The exchange or donation of real property or any

interest in real property.’’.

(c) REPORTING REQUIREMENT.—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 subsection (g):

‘‘(g) ANNUAL REPORTS.—(1) Not later than March 1, 2007, and

annually thereafter, the Secretary of Defense shall, in coordination

with the Secretaries of the military departments and the Director

of the Department of Defense Test Resource Management Center,

submit to the Committees on Armed Services of the Senate and

the House of Representatives a report on the projects undertaken

under agreements under this section.

‘‘(2) Each report under paragraph (1) shall include the following

the following:

‘‘(A) A description of the status of the projects undertaken

under agreements under this section.

‘‘(B) An assessment of the effectiveness of such projects,

and other actions taken pursuant to this section, as part of

a long-term strategy to ensure the sustainability of military

test and training ranges, military installations, and associated

airspace.

‘‘(C) An evaluation of the methodology and criteria used

to select, and to establish priorities, for projects undertaken

under agreements under this section.

‘‘(D) A description of any sharing of costs by the United

States and eligible entities under subsection (d) during the

preceding year, including a description of each agreement under

this section providing for the sharing of such costs and a

statement of the eligible entity or entities with which the

United States is sharing such costs.

‘‘(E) Such recommendations as the Secretary of Defense

considers appropriate for legislative or administrative action

in order to improve the efficiency and effectiveness of actions

taken pursuant to agreements under this section.’’.

SEC. 2823. MODIFICATION OF UTILITY SYSTEM CONVEYANCE

AUTHORITY AND RELATED REPORTING REQUIREMENTS.

(a) NOTICE AND WAIT REQUIREMENT.—Subsection (a) of section

2688 of title 10, United States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘CONVEYANCE AUTHORITY.—’’;

and

Contracts.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3515

(2) by adding at the end the following new paragraph:

‘‘(2) The Secretary concerned may not enter into a contract

to convey a utility system, or part of a utility system, under this

subsection until—

‘‘(A) the Secretary submits to the congressional defense

committees an economic analysis, based upon accepted lifecycle costing procedures approved by the Secretary of Defense,

that demonstrates that—

‘‘(i) the long-term economic benefit to the United States

of the conveyance of the utility system, or part thereof,

exceeds the long-term economic cost to the United States

of the conveyance;

‘‘(ii) the conveyance of the utility system, or part

thereof, will reduce the long-term cost to the United States

of utility services provided by the utility system; and

‘‘(iii) the economic benefit analysis under clause (i)

and the cost reduction analysis under clause (ii) incorporate

margins of error in the estimates, based upon guidance

approved by the Secretary of Defense that minimize any

underestimation of the costs resulting from privatization

of the utility system, or part thereof, or any overestimation

of the costs resulting from continued Government ownership and management of the utility system, or part thereof;

and

‘‘(B) the end of the 21-day period beginning on the date

on which the economic analysis prepared under subparagraph

(A) with respect to the conveyance of the utility system, or

part thereof, is received by the congressional defense committees or, if over earlier, the end of the 14-day period beginning

on the date on which a copy of the economic analysis is provided

in an electronic medium pursuant to section 480 of this title.’’.

(b) CONSIDERATION.—Subsection (c)(1) of such section is

amended by striking ‘‘shall’’ and inserting ‘‘may’’.

(c) DURATION OF UTILITY SERVICES CONTRACTS IN CONNECTION

WITH CONVEYANCES.—Such section is further amended—

(1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and

(2) by redesignating paragraph (3) of subsection (c) as

subsection (d) and, in such subsection (as so redesignated)—

(A) by striking ‘‘A contract’’ and inserting ‘‘CONTRACTS

FOR UTILITY SERVICES.—(1) Except as provided in paragraph (2), a contract’’;

(B) by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (c)’’;

(C) by striking ‘‘50 years.’’ and inserting ‘‘10 years.’’;

and

(D) by adding at the end the following new paragraph:

‘‘(2) The Secretary of Defense, or the designee of the Secretary,

may authorize a contract for utility services described in paragraph

(1) to have a term in excess of 10 years, but not to exceed 50

years, if the Secretary determines that a contract for a longer

term will be cost effective. The economic analysis submitted to

the congressional defense committees under subsection (a)(2) for

the conveyance of the utility system, or part thereof, with regard

to which the utility services contract will be entered into by the

Secretary concerned shall include the determination required by

this paragraph, an explanation of the need for the longer term

119 STAT. 3516 PUBLIC LAW 109–163—JAN. 6, 2006

contract, and a comparison of costs between a 10-year contract

and the longer-term contract.’’.

(d) CONFORMING AMENDMENTS.—Such section is further

amended—

(1) in subsection (f), as redesignated by subsection (c)(1),

by striking the second sentence; and

(2) in subsection (h), as redesignated by subsection (c)(1),

by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (a)(2)’’.

(e) TEMPORARY LIMITATION ON USE OF CONVEYANCE

AUTHORITY.—During each of fiscal years 2006 and 2007, the number

of utility systems, or parts of utility systems, for which conveyance

contracts may be entered into under section 2688 of title 10, United

States Code, shall not exceed 25 percent of the total number of

utility systems that, as of the date of the enactment of this Act,

have been determined to be eligible for conveyance under such

section, but have not yet been conveyed.

(f) REPORT ON USE OF CONVEYANCE AUTHORITY.—Not later

than April 1, 2006, the Secretary of Defense shall submit to the

congressional defense committees a report describing the use of

section 2688 of title 10, United States Code, to convey utility systems, or parts of utility systems. The report shall contain the

following:

(1) A discussion of the methodology by which a military

department conducts the economic analyses of proposed utility

system conveyances under section 2688 of title 10, United

States Code, including the economic analyses referred to in

subsection (a)(2) of such section, and any guidance issued by

the Department of Defense related to conducting such economic

analyses.

(2) A list of the steps taken to ensure the reliability of

completed economic analyses, including post-conveyance

reviews of actual costs and savings to the United States versus

the costs and savings anticipated in the economic analyses.

(3) A review of the costs and savings to the United States

resulting from each utility system conveyance carried out under

such section.

(4) A discussion of the feasibility of obtaining consideration

equal to the fair market value of a conveyed utility system,

as authorized by subsection (c) of such section, and any guidance issued by the Department of Defense related to implementing that requirement, and the effect of that requirement

and guidance on the costs and savings to the United States

resulting from procuring by contract the utility services provided by the utility system.

(5) A discussion of the effects that permanent conveyance

of ownership in a utility system may have on the ability of

the Secretary of a military department to renegotiate contracts

for utility services provided by the utility system or to procure

such services from another source.

(6) A comparison of the value of contracts to permanently

convey ownership in a utility system versus contracts that

include reversion of the utility system to Government ownership

at the end of a specified contractual period, with regards to

contract terms, short- and long-term costs to the Government,

system condition at the end of a contract, liability and costs

associated with termination before the end of a contract, and

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3517

available courses of action to address problems and other issues

raised during and after the contractual period.

(7) A discussion of the efforts and direction within the

Department of Defense to oversee the implementation and use

of the utility system conveyance authority under this section

and to ensure the adequacy of utilities services for a military

installation after conveyance of a utility system.

(8) A discussion of the effect of utility system conveyances

on the operating budgets of military installations at which

the conveyances were made.

(g) TEMPORARY SUSPENSION OF CONVEYANCE AUTHORITY.—If

the report required by subsection (f) is not submitted to the congressional defense committees by the date specified in such subsection,

the Secretary of a military department may not convey a utility

system, including any part of a utility system, under subsection

(a) of section 2688 of title 10, United States Code, or make a

contribution under subsection (h) of such section toward the cost

of construction, repair, or replacement of a utility system by another

entity until the end of the 30-day period beginning on the date

on which the report is finally submitted.

(h) COMPTROLLER GENERAL REVIEW.—Not later than August

1, 2006, the Comptroller General shall submit to the congressional

defense committees a report evaluating the changes made by the

Department of Defense since May 2005 to the utility systems

conveyance program authorized by section 2688 of title 10, United

States Code, and the effects of those changes and containing such

recommendations for additional changes as the Comptroller General

considers necessary.

SEC. 2824. REPORT ON APPLICATION OF FORCE PROTECTION AND

ANTI-TERRORISM STANDARDS TO LEASED FACILITIES.

(a) REPORT REQUIRED.—Not later than September 30, 2006,

the Secretary of Defense shall submit to the congressional defense

committees a report on the application of Department of Defense

Anti-Terrorism/Force Protection standards to all facilities leased

by the Department of Defense or leased by the General Services

Administration as an agent for the Department of Defense as of

September 30, 2005.

(b) INFORMATION ON LEASED FACILITIES.—For the facilities

identified in the report submitted under subsection (a), the Secretary of Defense shall include the following:

(1) A description of the function of each leased facility,

including the location, size, terms of lease, and number of

personnel housed within the facility.

(2) A description of the threat assessment and the joint

security integrated vulnerability assessment for each leased

facility.

(3) A description and cost estimate of any actions necessary

to mitigate risk to an acceptable level in each leased facility.

(4) A description and cost estimate of the actions to be

taken by the Secretary for each leased facility to ensure compliance with Department of Defense Anti-Terrorism/Force Protection standards.

(5) The total estimated cost of, and a proposed funding

plan for, implementation of the force protection and anti-terrorism measures required to ensure the compliance of all leased

Deadline.

Reports.

Deadline.

119 STAT. 3518 PUBLIC LAW 109–163—JAN. 6, 2006

facilities with Defense Anti-Terrorism/Force Protection standards.

(c) INFORMATION ON SUPPORT PRIORITIES.—The report submitted under subsection (a) shall also include a separate description

of the procedures used by the Secretary of Defense to prioritize

funding for the application of force protection and antiterrorism

standards to leased facilities, including a description of any such

procedures applicable to the entire Department of Defense.

(d) APPLICABILITY.—The reporting requirements under this section apply to any space or facility that houses 11 or more personnel

in service to, or employed by, the Department of Defense.

SEC. 2825. REPORT ON USE OF GROUND SOURCE HEAT PUMPS AT

DEPARTMENT OF DEFENSE FACILITIES.

(a) REPORT REQUIRED.—Not later than July 1, 2006, the Secretary of Defense shall submit to the congressional defense committees a report on the use of ground source heat pumps at Department

of Defense facilities.

(b) CONTENT.—The report required under subsection (a) shall

include—

(1) a description of the types of Department of Defense

facilities that use ground source heat pumps;

(2) an assessment of the applicability and cost-effectiveness

of the use of ground source heat pumps at Department of

Defense facilities in different geographic regions of the United

States;

(3) a description of the relative applicability of ground

source heat pumps for purposes of new construction at, and

retrofitting of, Department of Defense facilities; and

(4) recommendations for facilitating and encouraging the

increased use of ground source heat pumps at Department

of Defense facilities.

Subtitle C—Base Closure and Realignment

SEC. 2831. ADDITIONAL REPORTING REQUIREMENTS REGARDING

BASE CLOSURE PROCESS AND USE OF DEPARTMENT OF

DEFENSE BASE CLOSURE ACCOUNTS.

(a) INFORMATION ON FUTURE RECEIPTS AND EXPENDITURES.—

(1) 1990 ACCOUNT.—Section 2906(c)(1) 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—

(A) in subparagraph (A)—

(i) by striking ‘‘committees of the amount’’ and

inserting ‘‘committees of—

‘‘(i) the amount’’;

(ii) by striking ‘‘such fiscal year and of the amount’’

and inserting ‘‘such fiscal year;

‘‘(ii) the amount’’; and

(iii) by striking ‘‘such fiscal year.’’ and inserting

‘‘such fiscal year;

‘‘(iii) the amount and nature of anticipated deposits to

be made into, and the anticipated expenditures to be made

from, the Account during the first fiscal year commencing after

the submission of the report; and

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3519

‘‘(iv) the amount and nature of anticipated expenditures

to be made pursuant to section 2905(a) during the first fiscal

year commencing after the submission of the report.’’; and

(B) in subparagraph (B)—

(i) in clause (i), by inserting ‘‘and installation’’

after ‘‘subaccount’’; and

(ii) by adding at the end the following new clause:

‘‘(v) An estimate of the net revenues to be received from

property disposals to be completed during the first fiscal year

commencing after the submission of the report at military

installations the date of approval of closure or realignment

of which is before January 1, 2005.’’.

(2) 2005 ACCOUNT.—Section 2906A(c)(1) of such Act is

amended—

(A) in subparagraph (A)—

(i) by striking ‘‘committees of the amount’’ and

inserting ‘‘committees of—

‘‘(i) the amount’’;

(ii) by striking ‘‘such fiscal year and of the amount’’

and inserting ‘‘such fiscal year;

‘‘(ii) the amount’’; and

(iii) by striking ‘‘such fiscal year.’’ and inserting

‘‘such fiscal year;

‘‘(iii) the amount and nature of anticipated deposits to

be made into, and the anticipated expenditures to be made

from, the Account during the first fiscal year commencing after

the submission of the report; and

‘‘(iv) the amount and nature of anticipated expenditures

to be made pursuant to section 2905(a) during the first fiscal

year commencing after the submission of the report.’’; and

(B) in subparagraph (B)—

(i) in clause (i), by inserting ‘‘and installation’’

after ‘‘subaccount’’; and

(ii) by adding at the end the following new clause:

‘‘(v) An estimate of the net revenues to be received from

property disposals to be completed during the first fiscal year

commencing after the submission of the report at military

installations the date of approval of closure or realignment

of which is after January 1, 2005.’’.

(b) INFORMATION ON BRAC PROCESS.—Section 2907 of such

Act is amended—

(1) by striking ‘‘fiscal year 1993’’ and inserting ‘‘fiscal year

2007’’;

(2) by striking ‘‘and’’ at the end of paragraph (1);

(3) by striking the period at the end of paragraph (2)

and inserting a semicolon; and

(4) by adding at the end the following new paragraphs:

‘‘(3) a description of the closure or realignment actions

already carried out at each military installation since the date

of the installation’s approval for closure or realignment under

this part and the current status of the closure or realignment

of the installation, including whether—

‘‘(A) a redevelopment authority has been recognized

by the Secretary for the installation;

‘‘(B) the screening of property at the installation for

other Federal use has been completed; and

10 USC 2687

note.

10 USC 2687

note.

119 STAT. 3520 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(C) a redevelopment plan has been agreed to by the

redevelopment authority for the installation;

‘‘(4) a description of redevelopment plans for military

installations approved for closure or realignment under this

part, the quantity of property remaining to be disposed of

at each installation as part of its closure or realignment, and

the quantity of property already disposed of at each installation;

‘‘(5) a list of the Federal agencies that have requested

property during the screening process for each military installation approved for closure or realignment under this part,

including the date of transfer or anticipated transfer of the

property to such agencies, the acreage involved in such transfers, and an explanation for any delays in such transfers;

‘‘(6) a list of known environmental remediation issues at

each military installation approved for closure or realignment

under this part, including the acreage affected by these issues,

an estimate of the cost to complete such environmental remediation, and the plans (and timelines) to address such environmental remediation; and

‘‘(7) an estimate of the date for the completion of all closure

or realignment actions at each military installation approved

for closure or realignment under this part.’’.

SEC. 2832. EXPANDED AVAILABILITY OF ADJUSTMENT AND DIVERSIFICATION ASSISTANCE FOR COMMUNITIES ADVERSELY

AFFECTED BY MISSION REALIGNMENTS IN BASE CLOSURE PROCESS.

(a) ELIGIBILITY REQUIREMENTS.—Subsection (b)(3) of section

2391 of title 10, United States Code, is amended—

(1) by striking ‘‘significantly reduced operations of a defense

facility’’ and inserting ‘‘realignment of a military installation’’;

(2) by striking ‘‘cancellation,’’ and inserting ‘‘closure or

realignment, cancellation or’’; and

(3) by striking ‘‘community’’ and all that follows through

the period at the end and inserting ‘‘community or its residents.’’.

(b) MILITARY INSTALLATION AND REALIGNMENT DEFINED.—Paragraph (1) of subsection (d) of such section is amended to read

as follows:

‘‘(1) The terms ‘military installation’ and ‘realignment’ have

the meanings given those terms in section 2687(e) of this title.’’.

SEC. 2833. TREATMENT OF INDIAN TRIBAL GOVERNMENTS AS PUBLIC

ENTITIES FOR PURPOSES OF DISPOSAL OF REAL PROPERTY RECOMMENDED FOR CLOSURE IN JULY 1993 BRAC

COMMISSION REPORT.

Section 8013 of the Department of Defense Appropriations Act,

1994 (Public Law 103–139; 107 Stat. 1440), is amended by striking

‘‘the report to the President from the Defense Base Closure and

Realignment Commission, July 1991’’ and inserting ‘‘the reports

to the President from the Defense Base Closure and Realignment

Commission, July 1991 and July 1993’’.

SEC. 2834. TERMINATION OF PROJECT AUTHORIZATIONS FOR MILITARY INSTALLATIONS APPROVED FOR CLOSURE IN 2005

ROUND OF BASE REALIGNMENTS AND CLOSURES.

(a) PROJECT TERMINATION.—An authorization for a military

construction project, land acquisition, or family housing project

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3521

contained in title XXI, XXII, XXIII, or XXIV of this Act or in

an Act authorizing funds for a prior fiscal year for military construction projects, land acquisition, and family housing projects (and

authorizations of appropriations therefor) shall terminate and no

longer constitute authority under section 2676, 2802, 2821, or 2822

of title 10, United States Code, to carry out the military construction

project, land acquisition, or family housing project if the project

is located at a military installation that is approved for closure

or adverse realignment or established as an enclave in 2005 under

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) EXCEPTIONS.—Subsection (a) shall not apply to an authorization for a military construction project, land acquisition, or family

housing project (and authorizations of appropriations therefor) if

the Secretary of Defense determines that—

(1) the cost to the United States to carry out the project

would be less than the cost to the United States of canceling

the project;

(2) the project remains necessary to support functions at

a military installation either before, during, or after the closure

or realignment of the installation or the establishment of the

installation as an enclave;

(3) in the case of an installation established as an enclave

to which future missions may be designated, the project is

necessary to support enclave functions or future missions after

their designation; or

(4) the project is vital to the national security or to the

protection of health, safety, or the quality of the environment.

(c) NOTICE AND WAIT REQUIREMENT.—When a decision is made

to carry out a military construction project, land acquisition, or

family housing project under subsection (b), the Secretary of Defense

shall submit to the congressional defense committees a report

explaining the decision, including the justification for the project

and the current estimate of the cost of the project. The project

may then be carried out only after the end of the 21-day period

beginning on the date the report is received by such committees

or, if earlier, the end of the 14-day period beginning on the date

on which a copy of the report is provided in an electronic medium

pursuant to section 480 of title 10, United States Code. In the

case of a project described in subsection (b)(4), advance notification

is not required, but the Secretary shall notify such committees

within seven days after first obligating funds for the project.

SEC. 2835. REQUIRED CONSULTATION WITH STATE AND LOCAL ENTITIES ON ISSUES RELATED TO INCREASE IN NUMBER OF

MILITARY PERSONNEL AT MILITARY INSTALLATIONS.

If the base closure and realignment decisions of the 2005 round

of base closures and realignments under 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) or the Integrated Global Presence

and Basing Strategy would result in an increase in the number

of members of the Armed Forces assigned to a military installation,

the Secretary of Defense, during the development of the plans

to implement the decisions or strategy with respect to that installation, shall consult with appropriate State and local entities to

ensure that matters affecting the local community, including

10 USC 2687

note.

Reports.

119 STAT. 3522 PUBLIC LAW 109–163—JAN. 6, 2006

requirements for transportation, utility infrastructure, housing,

education, and family support activities, are considered.

SEC. 2836. SENSE OF CONGRESS REGARDING INFRASTRUCTURE AND

INSTALLATION REQUIREMENTS FOR TRANSFER OF

UNITS AND PERSONNEL FROM CLOSED AND REALIGNED

MILITARY INSTALLATIONS TO RECEIVING LOCATIONS.

(a) FINDINGS.—Congress finds the following:

(1) The decisions of the 2005 round of base closures and

realignments and the Integrated Global Presence and Basing

Strategy will result in the permanent change of station and

relocation of hundreds of thousands of members of the Armed

Forces and their families over the next six years.

(2) Critical quality-of-life concerns for military families

related to the infrastructure and installation requirements to

support the restructuring of the Armed Forces include adequate

housing and continued access to quality education facilities

and child care, health care, and other services.

(3) By ensuring that facilities and infrastructure are maintained at closing installations pending the actual change of

station and relocation of members of the Armed Forces and

their families and that adequate permanent facilities and infrastructure await them at the receiving installations, disruptions

to unit operational effectiveness will be minimized and the

quality of life of military families will be protected.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary of Defense should seek to ensure that the permanent

facilities and infrastructure necessary to support the mission of

the Armed Forces and the quality-of-life needs of members of the

Armed Forces and their families are ready for use at receiving

locations before units are transferred to such locations as a result

of the 2005 round of base closures and realignments and the

Integrated Global Presence and Basing Strategy.

SEC. 2837. DEFENSE ACCESS ROAD PROGRAM AND MILITARY

INSTALLATIONS AFFECTED BY DEFENSE BASE CLOSURE

PROCESS OR INTEGRATED GLOBAL PRESENCE AND

BASING STRATEGY.

(a) SENSE OF CONGRESS.—It is the sense of Congress that

roads leading onto a military installation that is significantly

impacted by an increase in the number of members of the Armed

Forces assigned to the installation as a result of the 2005 round

of defense base closure and realignment under 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) or the Integrated Global

Presence and Basing Strategy should be considered for designation

as defense access roads for purposes of section 210 of title 23,

United States Code.

(b) STUDY OF SURFACE TRANSPORTATION INFRASTRUCTURE OF

AFFECTED INSTALLATIONS.—The Secretary of Defense shall conduct

a study—

(1) to identify each military installation, if any, that will

be significantly impacted by an increase in the number of

members of the Armed Forces assigned to the installation as

a result of the 2005 round of defense base closure and realignment under the Defense Base Closure and Realignment Act

of 1990 or the Integrated Global Presence and Basing Strategy;

and

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3523

(2) to determine whether the existing surface transportation infrastructure at each installation identified under paragraph (1) is adequate to support the increased vehicular traffic

associated with the increase in the number of defense personnel

described in that paragraph.

(c) REPORT.—Not later than April 15, 2007, the Secretary shall

submit to the congressional defense committees a report containing

the results of the study conducted under subsection (b).

SEC. 2838. SENSE OF CONGRESS ON REVERSIONARY INTERESTS

INVOLVING REAL PROPERTY AT NAVY HOMEPORTS.

It is the sense of Congress that, in implementing the decisions

made with respect to Navy homeports as part of the 2005 round

of defense base closures and realignments, the Secretary of the

Navy should, when consistent with Federal policy supporting costfree conveyances of Federal surplus property suitable for use to

provide a public benefit, release or otherwise relinquish any entitlement to receive, pursuant to any agreement providing for such

payment, compensation from any holder of a reversionary interest

in real property used by the United States for improvements made

to the property.

Subtitle D—Land Conveyances

PART 1—ARMY CONVEYANCES

SEC. 2841. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may

convey, without consideration, to the Department of Veterans’ Services of the State of Arizona (in this section referred to as the

‘‘Department’’) all right, title, and interest of the United States

in and to a parcel of real property, including any improvements

thereon, consisting of approximately 80 acres at Camp Navajo,

Arizona, for the purpose of permitting the Department to establish

a State-run cemetery for veterans.

(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) PAYMENT REQUIRED.—The Secretary shall require the

Department 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 Department 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 Department.

Records.

119 STAT. 3524 PUBLIC LAW 109–163—JAN. 6, 2006

(2) TREATMENT OF AMOUNTS RECEIVED.—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 REAL 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. 2842. LAND CONVEYANCE, IOWA ARMY AMMUNITION PLANT,

MIDDLETOWN, IOWA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may

convey to the City of Middletown, Iowa (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 1.0 acres located at the Iowa

Army Ammunition Plant, Middletown, Iowa, for the purpose of

economic development.

(b) CONSIDERATION.—As consideration for the conveyance of

property under subsection (a), the City 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 the Secretary.

(c) PAYMENT OF COSTS OF CONVEYANCE.—

(1) AUTHORITY TO REQUIRE PAYMENT.—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 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 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 conveyance, the Secretary shall refund the

excess amount to the City.

(2) TREATMENT OF AMOUNTS RECEIVED.—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.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

Survey.

Survey.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3525

the conveyance under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 2843. LAND CONVEYANCE, HELENA, MONTANA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may

convey to the Helena Indian Alliance all right, title, and interest

of the United States in and to a parcel of real property, including

improvements thereon, consisting of approximately 3.0 acres located

at Sheridan Hall United States Army Reserve Center, 501 Euclid

Avenue, Helena, Montana, for the purposes of supporting Native

American health care, mental health counseling, and the operation

of an education training center.

(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 purposes 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) PAYMENT REQUIRED.—The Secretary shall require the

Helena Indian Alliance 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 Helena Indian Alliance

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 Alliance.

(2) TREATMENT OF AMOUNTS RECEIVED.—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 REAL 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. 2844. LEASE AUTHORITY, ARMY HERITAGE AND EDUCATION

CENTER, CARLISLE, PENNSYLVANIA.

Section 2866 of the Military Construction Authorization Act

for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat.

1333) is amended—

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new subsection (e):

Survey.

Records.

119 STAT. 3526 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(e) LEASE OF FACILITY.—(1) Under such terms and conditions

as the Secretary considers appropriate, the Secretary may lease

portions of the facility to the Military Heritage Foundation to be

used by the Foundation, consistent with the agreement referred

to in subsection (a), for—

‘‘(A) generating revenue for activities of the facility 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 facility.

‘‘(2) The annual amount of consideration paid to the Secretary

by the Military Heritage Foundation for a lease under paragraph

(1) may not exceed an amount equal to the actual cost, as determined by the Secretary, of the annual operations and maintenance

of the facility.

‘‘(3) Amounts paid under paragraph (2) may be used by the

Secretary, in such amounts as provided in advance in appropriation

Acts, to cover the costs of operation of the facility.’’.

SEC. 2845. LAND EXCHANGE, FORT HOOD, TEXAS.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may

convey to Central Texas College (in this section referred to as

the ‘‘College’’) all right, title, and interest of the United States

in and to a parcel of real property, including any improvements

thereon, consisting of approximately 40 acres at Fort Hood, Texas.

(b) CONSIDERATION.—As consideration for the conveyance under

subsection (a), the College shall convey to the Secretary all right,

title, and interest of the College in and to one or more parcels

of real property acceptable to the Secretary and consisting of a

total of approximately 158 acres. The fair market value of the

real property received by the Secretary under this subsection shall

be at least equal to the fair market value of the real property

conveyed under subsection (a), as determined by the Secretary.

(c) PAYMENT OF COSTS OF CONVEYANCE.—

(1) PAYMENT REQUIRED.—The Secretary shall require the

College to cover costs to be incurred by the Secretary, or to

reimburse the Secretary for costs incurred by the Secretary,

to carry out the land exchange under this section, including

survey costs, costs related to environmental documentation,

and other administrative costs related to the exchange. If

amounts are collected from the College 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 College.

(2) TREATMENT OF AMOUNTS RECEIVED.—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 land exchange. 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 exchanged under this section

shall be determined by surveys satisfactory to the Secretary.

Surveys.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3527

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the land exchange under this section as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 2846. MODIFICATION OF LAND CONVEYANCE, ENGINEER PROVING

GROUND, FORT BELVOIR, VIRGINIA.

(a) CONSIDERATION.—Subsection (b)(4) of section 2836 of the

Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1314) is amended by

striking ‘‘, jointly determined’’ and all that follows through ‘‘Ground’’

and inserting ‘‘equal to $3,880,000’’.

(b) REPLACEMENT OF FIRE STATION.—Subsection (d) of such

section is amended—

(1) in paragraph (1)—

(A) by striking ‘‘Building 5089’’ and inserting ‘‘Building

191’’; and

(B) by striking ‘‘paragraphs (2) and (3)’’ and inserting

‘‘paragraph (2)’’;

(2) in paragraph (2), by striking ‘‘Building 5089’’ and

inserting ‘‘Building 191’’; and

(3) by striking paragraph (3).

SEC. 2847. LAND CONVEYANCE, FORT BELVOIR, VIRGINIA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may

convey to the Commonwealth of Virginia (in this section referred

to as the ‘‘Commonwealth’’) all right, title, and interest of the

United States in and to up to three parcels of real property at

Fort Belvoir, Virginia, consisting of approximately 2.5 acres and

located on the alignment of State Route 618 (also known as the

Woodlawn Road) and both the east and west sides of the intersection

of State Route 618 and U.S. Highway No. 1 (in this section referred

to as the ‘‘Woodlawn Road parcels’’), for the purpose of allowing

the Commonwealth, the National Trust for Historic Preservation

(in this section referred to as the ‘‘Trust’’), and Fairfax County,

Virginia, to enter into an agreement regarding the conveyance

from the Trust of a parcel of real property located on the west

side of Old Mill Road, consisting of approximately two acres and

extending between the intersection of Old Mill Road and Pole Road

and the intersection of Mount Vernon Highway and U.S. Highway

No. 1.

(b) CONSIDERATION.— (1) IN GENERAL.—As consideration for the conveyance of

the Woodlawn Road parcels under subsection (a), the Secretary

shall receive, 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 Secretary.

(2) DISPOSITION OF FUNDS.—Cash consideration received

by the Secretary 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) PAYMENT OF COSTS OF CONVEYANCE.—

(1) AUTHORITY TO REQUIRE PAYMENT.—The Secretary may

require the Commonwealth to cover costs to be incurred by

the Secretary, or to reimburse the Secretary for costs incurred

119 STAT. 3528 PUBLIC LAW 109–163—JAN. 6, 2006

by the Secretary, to carry out the conveyance of the Woodlawn

Road parcels 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 Commonwealth 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 Commonwealth.

(2) TREATMENT OF AMOUNTS RECEIVED.—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 Woodlawn Road parcels 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 subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 2848. LAND CONVEYANCE, ARMY RESERVE CENTER, BOTHELL,

WASHINGTON.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may

convey to the Snohomish County Fire Protection District #10 (in

this section referred to as the ‘‘Fire District’’) all right, title, and

interest of the United States in and to a parcel of real property,

including any improvements thereon, consisting of approximately

one acre at the Army Reserve Center in Bothell, Washington, and

currently occupied, in part, by the Queensborough Firehouse, for

the purpose of supporting the provision of fire and emergency

medical aid services.

(b) IN-KIND CONSIDERATION.—As consideration for the conveyance under subsection (a), the Fire District shall provide in-kind

consideration acceptable to the Secretary.

(c) 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 all or any portion of 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.

(d) PAYMENT OF COSTS OF CONVEYANCE.—

(1) PAYMENT REQUIRED.—The Secretary shall require the

Fire District 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 Fire District in advance

of the Secretary incurring the actual costs, and the amount

Records.

Survey.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3529

collected exceeds the costs actually incurred by the Secretary

to carry out the conveyance, the Secretary shall refund the

excess amount to the Fire District.

(2) TREATMENT OF AMOUNTS RECEIVED.—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.

PART 2—NAVY CONVEYANCES

SEC. 2851. LAND CONVEYANCE, MARINE CORPS AIR STATION,

MIRAMAR, SAN DIEGO, CALIFORNIA.

(a) CONVEYANCE AUTHORIZED.—Subject to subsection (c), the

Secretary of the Navy may convey to the County of San Diego,

California (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, including any improvements thereon and appurtenant

easements thereto, consisting of approximately 230 acres along

the eastern boundary of Marine Corps Air Station, Miramar, California, for the purpose of removing the property from the boundaries

of the installation and permitting the County to preserve the entire

property as a public passive park/recreational area known as the

Stowe Trail.

(b) CONSIDERATION.— (1) IN GENERAL.—As consideration for the conveyance under

subsection (a), the County shall provide the United States

consideration, whether by cash payment, in-kind consideration,

or a combination thereof, in an amount that is not less than

the fair market value of the conveyed real property, as determined by the Secretary.

(2) IN-KIND CONSIDERATION.—The in-kind consideration

provided by the County under paragraph (1) shall include the

acquisition, construction, provision, improvement, maintenance,

repair, or restoration (including environmental restoration), or

combination thereof, of any facilities or infrastructure relating

to the security of Marine Corps Air Station, Miramar, that

the Secretary considers acceptable as consideration under that

paragraph.

(3) RELATION TO OTHER LAWS.—Sections 2662 and 2802

of title 10, United States Code, shall not apply to any new

facilities or infrastructure received by the United States as

in-kind consideration under paragraph (2).

(4) NOTICE TO CONGRESS.—The Secretary shall provide

written notification to the congressional defense committees

of the types and value of consideration provided the United

States under paragraph (1).

Survey.

119 STAT. 3530 PUBLIC LAW 109–163—JAN. 6, 2006

(5) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any

cash payment received by the United States 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)(ii) of such subsection.

(c) REVERSIONARY INTEREST.—If the Secretary determines at

any time that the County is not using the property conveyed under

subsection (a) in accordance with the purpose of the conveyance

specified in such subsection, all right, title, and interest in and

to the property, including any improvements thereon, 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.

(d) RELEASE OF REVERSIONARY INTEREST.—The Secretary shall

release, without consideration, the reversionary interest retained

by the United States under subsection (c) if—

(1) Marine Corps Air Station, Miramar, is no longer being

used for Department of Defense activities; or

(2) the Secretary determines that the reversionary interest

is otherwise unnecessary to protect the interests of the United

States.

(e) PAYMENT OF COSTS OF CONVEYANCE.—

(1) PAYMENT REQUIRED.—The Secretary shall require the

County 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) and implement

the receipt of in-kind consideration under subsection (b),

including appraisal costs, survey costs, costs related to environmental documentation, and other administrative costs related

to the conveyance and receipt of in-kind consideration.

(2) TREATMENT OF AMOUNTS RECEIVED.—Section 2695(c)

of title 10, United States Code, shall apply to any amounts

received by the Secretary under paragraph (1). If amounts

are received from the County in advance of the Secretary incurring the actual costs, and the amount received exceeds the

costs actually incurred by the Secretary under this section,

the Secretary shall refund the excess amount to the County.

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed by the Secretary

under subsection (a) shall be determined by a survey satisfactory

to the Secretary.

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2852. LEASE OR LICENSE OF UNITED STATES NAVY MUSEUM

FACILITIES AT WASHINGTON NAVY YARD, DISTRICT OF

COLUMBIA.

(a) LEASES AND LICENSES AUTHORIZED.—The Secretary of the

Navy may lease or license to the Naval Historical Foundation

any portion of the facilities located at the Washington Naval Yard,

District of Columbia, that house the United States Navy Museum

for the purpose of permitting the Foundation to carry out the

following activities:

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3531

(1) Generation of revenue for the United States Navy

Museum through the rental of facilities to the public, commercial and non-profit entities, State and local governments, and

other Federal agencies.

(2) Performance of administrative activities in support of

the United States Navy Museum.

(b) LIMITATION.—Activities carried out at a facility subject to

a lease or license under subsection (a) must be consistent with

the operations of the United States Navy Museum.

(c) CONSIDERATION.—The amount of consideration paid in a

year by the Naval Historical Foundation to the United States for

the lease or license of facilities under subsection (a) may not exceed

the actual cost, as determined by the Secretary, of the annual

operation and maintenance of the facilities.

(d) DEPOSIT AND USE OF PROCEEDS.—Consideration paid under

subsection (c) shall be deposited into the appropriations account

available for the operation and maintenance of the United States

Navy Museum. The Secretary may use the amounts so deposited

to cover costs associated with the operation and maintenance of

the Museum and its exhibits.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

a lease or license under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

PART 3—AIR FORCE CONVEYANCES

SEC. 2861. PURCHASE OF BUILD-TO-LEASE FAMILY HOUSING, EIELSON

AIR FORCE BASE, ALASKA.

(a) CONDITIONAL AUTHORITY TO PURCHASE.—After the expiration of the contract for the lease of the military family housing

project at Eielson Air Force Base, Alaska, that was constructed

under the authority of former subsection (g) of section 2828 of

title 10, United States Code (now section 2835 of such title), as

added by section 801 of the Military Construction Authorization

Act, 1984 (Public Law 98–115; 97 Stat. 782), the Secretary of

the Air Force may purchase the entire interest of the lessor in

the project if the Secretary determines that the purchase of the

project is in the best economic interests of the Air Force.

(b) CONSIDERATION.—The consideration paid by the Secretary

to purchase the interest of the lessor under subsection (a) may

not exceed the fair market value of the military family housing

project, as determined by the Secretary.

(c) CONGRESSIONAL NOTIFICATION.—If a decision is made to

purchase the interest of the lessor in the military family housing

project under subsection (a), the Secretary shall submit a report

to the congressional defense committees containing—

(1) notice of the decision;

(2) the economic analyses used by the Secretary to determine that purchase of the project is in the best economic

interests of the Air Force, as required by subsection (a); and

(3) a schedule for, and an estimate of the costs and nature

of, any renovations or repairs that will be necessary to ensure

that all units in the project meet current adequate housing

standards.

Reports.

119 STAT. 3532 PUBLIC LAW 109–163—JAN. 6, 2006

(d) PURCHASE DELAY.—A contract to effectuate the purchase

of the military family housing project under subsection (a) may

be entered into by the Secretary only after—

(1) the contract for the lease of the project expires; and

(2) the report required by subsection (c) is submitted and

a 30-day period beginning on the date the report is received

by the congressional defense committees expires or, if earlier,

a 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 title 10, United States Code, expires.

SEC. 2862. LAND CONVEYANCE, AIR FORCE PROPERTY, JACKSONVILLE,

ARKANSAS.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force

may convey to the City of Jacksonville, Arkansas (in this section

referred to as the ‘‘City’’), all right, title, and interest of the United

States in and to real property consisting of approximately 45.024

acres around an existing short line railroad in Pulaski County,

Arkansas, for the purpose of permitting the City to facilitate railroad access to an industrial park to further community economic

development.

(b) CONSIDERATION.—As consideration for the conveyance under

subsection (a), the City shall pay to the United States an amount

equal to the fair market value of the conveyed real property, as

established by the assessment of the property conducted under

contract for the Corps of Engineers and dated September 15, 2003.

(c) CONDITIONS OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the lease agreement dated October

29, 1982, as amended, between the Secretary and the Missouri

Pacific Railroad Company (and its successors and assigns) and

any other easement, lease, condition, or restriction of record,

including streets, roads, highways, railroads, pipelines, and public

utilities, insofar as the easement, lease, condition, or restriction

is in existence on the date of the enactment of this Act and lawfully

affects the conveyed property.

(d) PAYMENT OF COSTS OF CONVEYANCE.—

(1) PAYMENT REQUIRED.—The Secretary shall 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 documentation,

and other administrative costs related to the conveyance. 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

conveyance, the Secretary shall refund the excess amount to

the City.

(2) TREATMENT OF AMOUNTS RECEIVED.—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.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3533

(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.

SEC. 2863. LAND CONVEYANCE, AIR FORCE PROPERTY, LA JUNTA,

COLORADO.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force

may convey, without consideration, to the City of La Junta, Colorado

(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 8 acres located

at the USA Bomb Plot in the La Junta Industrial Park for the

purpose of training local law enforcement officers.

(b) PAYMENT OF COSTS OF CONVEYANCE.— (1) PAYMENT REQUIRED.—The Secretary shall require the

City to cover costs to be incurred by the Secretary after the

date of enactment of the Act, or to reimburse the Secretary

for costs incurred by the Secretary after that date, to carry

out the conveyance under subsection (a), including any survey

costs, costs related to environmental assessments, studies, analyses, or other documentation, and other administrative costs

related to the conveyance. 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 conveyance, the Secretary

shall refund the excess amount to the City.

(2) TREATMENT OF AMOUNTS RECEIVED.—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.

(c) 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.

(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. 2864. LEASE, NATIONAL IMAGERY AND MAPPING AGENCY SITE,

ST. LOUIS, MISSOURI.

(a) LEASE REQUIRED.—Not later than February 28, 2006, the

Secretary of the Air Force shall lease to the St. Louis County

Port Authority of St. Louis County, Missouri (in this section referred

to as the ‘‘Port District’’), a parcel of real property, including

improvements thereon, consisting of approximately 39 acres and

known as the National Imagery and Mapping Agency site at 8900

South Broadway, St. Louis, Missouri, for the purpose of permitting

the Port District to use the parcel for economic development purposes. The Secretary shall carry out this section in consultation

with the Administrator of the General Services Administration.

Deadline.

Survey.

Survey.

119 STAT. 3534 PUBLIC LAW 109–163—JAN. 6, 2006

(b) RENTAL PRICE.—The real property to be leased under subsection (a) shall be leased at a rate equal to not less than the

fair market value of the property.

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be leased under subsection (a)

shall be determined by a survey satisfactory to the Secretary of

the Air Force and the Port District.

(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the lease under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

Subtitle E—Other Matters

SEC. 2871. CLARIFICATION OF MORATORIUM ON CERTAIN IMPROVEMENTS AT FORT BUCHANAN, PUERTO RICO.

(a) CLARIFICATION OF AND EXCEPTIONS TO MORATORIUM.—Section 1507 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–355) is amended—

(1) in subsection (a), by striking ‘‘conversion, rehabilitation,

extension, or improvement’’ and inserting ‘‘or extension’’; and

(2) in subsection (b)—

(A) in paragraph (1), by inserting ‘‘, repair, replace,

or convert’’ after ‘‘maintain’’;

(B) in paragraph (2), by striking ‘‘authorized before

the date of the enactment of this Act’’; and

(C) by adding at the end the following new paragraphs:

‘‘(3) The construction of facilities supporting Department

of Defense education activities.

‘‘(4) Any construction or extension required to support the

installation of communications equipment.’’.

(b) RULE OF CONSTRUCTION.—The amendments made by subsection (a) do not trigger the termination of the moratorium on

certain improvements at Fort Buchanan, Puerto Rico, as provided

by subsection (c) of such section.

SEC. 2872. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PROPERTY ON SANTA ROSA AND OKALOOSA ISLAND, FLORIDA,

TO GULF ISLANDS NATIONAL SEASHORE.

(a) FINDINGS.—Congress finds the following:

(1) Public Law 91–660 of the 91st Congress established

the Gulf Islands National Seashore in the States of Florida

and Mississippi.

(2) The original boundaries of the Gulf Islands National

Seashore encompassed certain Federal land used by the Air

Force and the Navy, and the use of such land was still required

by the Armed Forces when the seashore was established.

(3) Senate Report 91–1514 of the 91th Congress addressed

the relationship between these military lands and the Gulf

Islands National Seashore as follows: ‘‘While the military use

of these lands is presently required, they remain virtually free

of adverse development and they are included in the boundaries

of the seashore so that they can be wholly or partially transferred to the Department of the Interior when they become

excess to the needs of the Air Force.’’.

16 USC 459h–6

note.

Mississippi.

Survey.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3535

(4) Although section 2(a) of Public Law 91–660 (16 U.S.C.

459h–1(a)) authorized the eventual transfer of Federal land

within the boundaries of the Gulf Islands National Seashore

from the Department of Defense to the Secretary of the Interior,

an amendment mandating the transfer of excess Department

of Defense land on Santa Rosa and Okaloosa Island, Florida,

to the Secretary of the Interior is required to ensure that

the purposes of the Gulf Islands National Seashore are fulfilled.

(b) TRANSFER REQUIRED.—Section 7 of Public Law 91–660 (16

U.S.C. 459h–6) is amended—

(1) by inserting ‘‘(a)’’ before ‘‘There are’’; and

(2) by adding at the end the following new subsection:

‘‘(b) If any of the Federal land on Santa Rosa or Okaloosa

Island, Florida, under the jurisdiction of the Department of Defense

is ever excess to the needs of the Armed Forces, the Secretary

of Defense shall transfer the excess land to the administrative

jurisdiction of the Secretary of the Interior, subject to the terms

and conditions acceptable to the Secretary of the Interior and the

Secretary of Defense. The Secretary of the Interior shall administer

the transferred land as part of the seashore in accordance with

the provisions of this Act.’’.

SEC. 2873. AUTHORIZED MILITARY USES OF PAPAGO PARK MILITARY

RESERVATION, PHOENIX, ARIZONA.

The Act of April 7, 1930 (Chapter 107; 46 Stat. 142), is amended

in the first designated paragraph, relating to the Papago Park

Military Reservation, by striking ‘‘as a rifle range’’.

SEC. 2874. ASSESSMENT OF WATER NEEDS FOR PRESIDIO OF MONTEREY AND ORD MILITARY COMMUNITY.

Not later than April 7, 2006, the Secretary of Defense shall

submit to Congress an interim assessment of the current and

reasonable future needs of the Department of the Defense for water

for the Presidio of Monterey and the Ord Military Community.

SEC. 2875. REDESIGNATION OF MCENTIRE AIR NATIONAL GUARD STATION, SOUTH CAROLINA, AS MCENTIRE JOINT NATIONAL

GUARD BASE.

McEntire Air National Guard Station in Eastover, South Carolina, shall be known and designated as ‘‘McEntire Joint National

Guard Base’’ in recognition of the use of the installation to house

both Air National Guard and Army National Guard assets. Any

reference to McEntire Air National Guard Station in any law,

regulation, map, document, record, or other paper of the United

States shall be considered to be a reference to McEntire Joint

National Guard Base.

SEC. 2876. SENSE OF CONGRESS REGARDING COMMUNITY IMPACT

ASSISTANCE RELATED TO CONSTRUCTION OF NAVY

LANDING FIELD, NORTH CAROLINA.

It is the sense of Congress that—

(1) the planned construction of an outlying landing field

in North Carolina is vital to the national security interests

of the United States; and

(2) the Department of Defense should work with other

Federal agencies to provide community impact assistance to

those communities directly impacted by the location of the

outlying landing field, including, to the extent appropriate—

Deadline.

16 USC 431 note.

119 STAT. 3536 PUBLIC LAW 109–163—JAN. 6, 2006

(A) economic development assistance;

(B) impact aid program assistance;

(C) the provision by cooperative agreement with the

Navy of fire, rescue, water, and sewer services;

(D) access by leasing arrangement to appropriate land

for farming for farmers impacted by the location of the

landing field;

(E) direct relocation assistance; and

(F) fair compensation to landowners for property purchased by the Navy.

SEC. 2877. SENSE OF CONGRESS ON ESTABLISHMENT OF BAKERS

CREEK MEMORIAL.

(a) FINDINGS.—Congress makes the following findings:

(1) In 1943 and 1944, the United States Armed Forces

operated a rest and relaxation facility in Mackay, Queensland,

Australia, for troops serving in the Pacific Theater during World

War II.

(2) On June 14, 1943, a Boeing B–17C was transporting

6 crew members and 35 servicemen from Mackay to Port

Moresby, New Guinea, to return the servicemen to duty after

10 days of rest and relaxation leave at an Army/Red Cross

facility.

(3) The aircraft crashed shortly after take-off at Bakers

Creek, Australia, killing all 6 crew members and 34 of the

35 servicemen being transported in what was at that point

the worst crash in American air transport history, and what

remains the worst air disaster in Australian history.

(4) Due to wartime censorship rules related to the movement of troops, the tragic crash and loss of life were not

reported to the Australian or United States public.

(5) Many family members of those killed did not learn

the circumstances of the troops deaths until they were contacted

by the Bakers Creek Memorial Foundation beginning in 1992.

(6) As of May 2005, the Bakers Creek Memorial Foundation

had contacted 36 of the 40 families that lost loved ones in

the tragic crash, and was continuing efforts to locate the

remaining four families to inform them of the true events

of the crash at Bakers Creek.

(7) The Australian people marked the tragic crash at

Bakers Creek with a memorial established in 1992, but no

similar memorial has been established in the United States.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary of the Army may establish an appropriate marker,

at a site to be chosen at the discretion of the Secretary, to commemorate the 40 members of the United States Armed Forces who

lost their lives in the air crash at Bakers Creek, Australia, on

June 14, 1943.

Australia.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3537

DIVISION C—DEPARTMENT OF ENERGY

NATIONAL SECURITY AUTHORIZATIONS 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 cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

SUBTITLE B—OTHER MATTERS

Sec. 3111. Reliable Replacement Warhead program.

Sec. 3112. Rocky Flats Environmental Technology Site.

Sec. 3113. Report on compliance with Design Basis Threat issued by Department

of Energy in 2005.

Sec. 3114. Reports associated with Waste Treatment and Immobilization Plant

Project, Hanford Site, Richland, Washington.

Sec. 3115. Report on assistance for a comprehensive inventory of Russian nonstrategic nuclear weapons.

Sec. 3116. Report on international border security programs.

Sec. 3117. Savannah River National Laboratory.

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 2006 for the activities of the National Nuclear Security

Administration in carrying out programs necessary for national

security in the amount of $9,196,456 to be allocated as follows:

(1) For weapons activities, $6,433,936,000.

(2) For defense nuclear nonproliferation activities,

$1,631,151,000.

(3) For naval reactors, $789,500,000.

(4) For the Office of the Administrator for Nuclear Security,

$341,869,000.

(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 new plant

projects for the National Nuclear Security Administration as follows:

(1) For readiness in technical base and facilities, the following new plant projects:

Project 06–D-140, Readiness in Technical Base and

Facilities Program, project engineering and design, various locations, $14,113,000.

Project 06–D-402, replacement of Fire Stations

Number 1 and Number 2, Nevada Test Site, Nevada,

$8,284,000.

Project 06–D-403, tritium facility modernization,

Lawrence Livermore National Laboratory, Livermore,

California, $2,600,000.

119 STAT. 3538 PUBLIC LAW 109–163—JAN. 6, 2006

Project 06–D-404, remediation, restoration, and

upgrade of Building B–3, Nevada Test Site, Nevada,

$16,000,000.

(2) For facilities and infrastructure recapitalization, the

following new plant projects:

Project 06–D-160, Facilities and Infrastructure

Recapitalization Program, project engineering and

design, various locations, $5,811,000.

Project 06–D-601, electrical distribution system

upgrade, Pantex Plant, Amarillo, Texas, $4,000,000.

Project 06–D-602, gas main and distribution

system upgrade, Pantex Plant, Amarillo, Texas,

$3,700,000.

Project 06–D-603, Steam Plant Life Extension

Project, Y–12 National Security Complex, Oak Ridge,

Tennessee, $729,000.

(3) For defense nuclear nonproliferation, the following new

plant project:

Project 06–D-180, Defense Nuclear Nonproliferation, project engineering and design, National Security

Laboratory, Pacific Northwest National Laboratory,

Richland, Washington, $13,000,000.

(4) For naval reactors, the following plant projects:

Project 06–D-901, Central Office Building 2, Bettis

Atomic Power Laboratory, West Mifflin, Pennsylvania,

$7,000,000.

Project 05–D-900, Materials Development Facility

Building, Schenectady, New York, $9,900,000, of which

$1,000,000 shall be available for project engineering

and design.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby

authorized to be appropriated to the Department of Energy for

fiscal year 2006 for defense environmental cleanup activities in

carrying out programs necessary for national security in the amount

of $6,192,371,000.

(b) AUTHORIZATION OF NEW PLANT PROJECT.—From funds

referred to in subsection (a) that are available for carrying out

plant projects, the Secretary of Energy may carry out, for defense

environmental cleanup activities, the following new plant project:

Project 06–D-401, sodium bearing waste treatment

project, Idaho National Laboratory, Idaho Falls, Idaho,

$54,270,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2006 for other defense activities

in carrying out programs necessary for national security in the

amount of $641,998,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2006 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 $350,000,000.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3539

Subtitle B—Other Matters

SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.

(a) PROGRAM REQUIRED.—The Atomic Energy Defense Act (division D of Public Law 107–314) is amended by inserting after section

4204 (50 U.S.C. 2524) the following new section:

‘‘SEC. 4204a. RELIABLE REPLACEMENT WARHEAD PROGRAM.

‘‘(a) PROGRAM REQUIRED.—The Secretary of Energy shall carry

out a program, to be known as the Reliable Replacement Warhead

program, which will have the following objectives:

‘‘(1) To increase the reliability, safety, and security of the

United States nuclear weapons stockpile.

‘‘(2) To further reduce the likelihood of the resumption

of underground nuclear weapons testing.

‘‘(3) To remain consistent with basic design parameters

by including, to the maximum extent feasible and consistent

with the objective specified in paragraph (2), components that

are well understood or are certifiable without the need to

resume underground nuclear weapons testing.

‘‘(4) To ensure that the nuclear weapons infrastructure

can respond to unforeseen problems, to include the ability to

produce replacement warheads that are safer to manufacture,

more cost-effective to produce, and less costly to maintain than

existing warheads.

‘‘(5) To achieve reductions in the future size of the nuclear

weapons stockpile based on increased reliability of the reliable

replacement warheads.

‘‘(6) To use the design, certification, and production expertise resident in the nuclear complex to develop reliable replacement components to fulfill current mission requirements of

the existing stockpile.

‘‘(7) To serve as a complement to, and potentially a more

cost-effective and reliable long-term replacement for, the current Stockpile Life Extension Programs.

‘‘(b) CONSULTATION.—The Secretary of Energy shall carry out

the Reliable Replacement Warhead program in consultation with

the Secretary of Defense.’’.

(b) REPORT.—Not later than March 1, 2007, the Secretary of

Energy and the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and

implementation of the Reliable Replacement Warhead program

required by section 4204a of the Atomic Energy Defense Act, as

added by subsection (a). The report shall—

(1) identify existing warheads recommended for replacement by 2035 with an assessment of the weapon performance

and safety characteristics of the replacement warheads;

(2) discuss the relationship of the Reliable Replacement

Warhead program within the Stockpile Stewardship Program

and its impact on the current Stockpile Life Extension Programs;

(3) provide an assessment of the extent to which a successful Reliable Replacement Warhead program could lead to reductions in the nuclear weapons stockpile;

(4) discuss the criteria by which replacement warheads

under the Reliable Replacement Warhead program will be

50 USC 2524a.

119 STAT. 3540 PUBLIC LAW 109–163—JAN. 6, 2006

designed to maximize the likelihood of not requiring nuclear

testing, as well as the circumstances that could lead to a

resumption of testing;

(5) provide a description of the infrastructure, including

pit production capabilities, required to support the Reliable

Replacement Warhead program;

(6) provide a detailed summary of how the funds made

available pursuant to the authorizations of appropriations in

this Act, and any funds made available in prior years, will

be used; and

(7) provide an estimate of the comparative costs of a reliable

replacement warhead and the stockpile life extension for the

warheads identified in paragraph (1).

(c) INTERIM REPORT.—Not later than March 1, 2006, the Secretary of Energy and the Secretary of Defense shall submit to

the congressional defense committees an interim report on the

matters required to be covered by the report under subsection

(b).

(d) CONSULTATION.—The Secretary of Energy and the Secretary

of Defense shall prepare the reports required by subsections (b)

and (c) in consultation with the Nuclear Weapons Council.

SEC. 3112. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.

(a) DEFINITIONS.—In this section:

(1) ESSENTIAL MINERAL RIGHT.—The term ‘‘essential mineral right’’ means a right to mine sand and gravel at Rocky

Flats, as depicted on the map.

(2) FAIR MARKET VALUE.—The term ‘‘fair market value’’

means the value of an essential mineral right, as determined

by an appraisal performed by an independent, certified mineral

appraiser under the Uniform Standards of Professional

Appraisal Practice.

(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘Rocky

Flats National Wildlife Refuge’’, dated July 25, 2005, and available for inspection in appropriate offices of the United States

Fish and Wildlife Service and the Department of Energy.

(4) NATURAL RESOURCE DAMAGE LIABILITY CLAIM.—The

term ‘‘natural resource damage liability claim’’ means a natural

resource damage liability claim under subsections (a)(4)(C) and

(f) of section 107 of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9607) arising from hazardous substances releases at or from

Rocky Flats that, as of the date of enactment of this Act,

are identified in the administrative record for Rocky Flats

required by the National Oil and Hazardous Substances Pollution Contingency Plan prepared under section 105 of that Act

(42 U.S.C. 9605).

(5) ROCKY FLATS.—The term ‘‘Rocky Flats’’ means the

Department of Energy facility in the State of Colorado known

as the ‘‘Rocky Flats Environmental Technology Site’’.

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Energy.

(7) TRUSTEES.—The term ‘‘Trustees’’ means the Federal

and State officials designated as trustees under section 107(f)(2)

of the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 (42 U.S.C. 9607(f)(2)).

(b) PURCHASE OF ESSENTIAL MINERAL RIGHTS.—

Colorado.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3541

(1) IN GENERAL.—Not later than one year after the date

of enactment of this Act, such amounts authorized to be appropriated under subsection (c) shall be available to the Secretary

to purchase essential mineral rights at Rocky Flats.

(2) CONDITIONS.—The Secretary shall not purchase an

essential mineral right under paragraph (1) unless—

(A) the owner of the essential mineral right is a willing

seller; and

(B) the Secretary purchases the essential mineral right

for an amount that does not exceed fair market value.

(3) LIMITATION.—Only those funds authorized to be appropriated under subsection (c) shall be available for the Secretary

to purchase essential mineral rights under paragraph (1).

(4) RELEASE FROM LIABILITY.—A natural resource damage

liability claim under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9607) shall be considered to be satisfied by—

(A) the purchase by the Secretary of essential mineral

rights under paragraph (1) for consideration in an amount

equal to $10,000,000;

(B) the payment by the Secretary to the Trustees of

$10,000,000; or

(C) the purchase by the Secretary of any portion of

the mineral rights under paragraph (1) for—

(i) consideration in an amount less than

$10,000,000; and

(ii) a payment by the Secretary to the Trustees

of an amount equal to the difference between—

(I) $10,000,000; and

(II) the amount paid under clause (i).

(5) USE OF FUNDS.—

(A) IN GENERAL.—Any amounts received under paragraph (4) shall be used by the Trustees for the purposes

described in section 107(f)(1) of the Comprehensive

Environmental Response, Compensation, and Liability Act

of 1980 (42 U.S.C. 9607(f)(1)), including—

(i) the purchase of additional mineral rights at

Rocky Flats; and

(ii) the development of habitat restoration projects

at Rocky Flats.

(B) CONDITION.—Any expenditure of funds under this

paragraph shall be made jointly by the Trustees.

(C) ADDITIONAL FUNDS.—The Trustees may use the

funds received under paragraph (4) in conjunction with

other private and public funds.

(6) EXEMPTION FROM NATIONAL ENVIRONMENTAL POLICY

ACT.—Any purchases of mineral rights under this subsection

shall be exempt from the National Environmental Policy Act

of 1969 (42 U.S.C. 4321 et seq.).

(7) ROCKY FLATS NATIONAL WILDLIFE REFUGE.—

(A) TRANSFER OF MANAGEMENT RESPONSIBILITIES.—The

Rocky Flats National Wildlife Refuge Act of 2001 (16 U.S.C.

668dd note; Public Law 107–107) is amended—

(i) in section 3175—

(I) by striking subsections (b) and (f); and

Deadline.

119 STAT. 3542 PUBLIC LAW 109–163—JAN. 6, 2006

(II) by redesignating subsections (c), (d), and

(e) as subsections (b), (c), and (d), respectively;

and

(ii) in section 3176(a)(1), by striking ‘‘section

3175(d)’’ and inserting ‘‘section 3175(c)’’.

(B) BOUNDARIES.—Section 3177 of such Act is amended

by striking subsection (c) and inserting the following new

subsection:

‘‘(c) COMPOSITION.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

the refuge shall consist of land within the boundaries of Rocky

Flats, as depicted on the map—

‘‘(A) entitled ‘Rocky Flats National Wildlife Refuge’;

‘‘(B) dated July 25, 2005; and

‘‘(C) available for inspection in the appropriate offices

of the United States Fish and Wildlife Service and the

Department of Energy.

‘‘(2) EXCLUSIONS.—The refuge does not include—

‘‘(A) any land retained by the Department of Energy

for response actions under section 3175(c);

‘‘(B) any land depicted on the map described in paragraph (1) that is subject to one or more essential mineral

rights described in section 3112(a) of the National Defense

Authorization Act for Fiscal Year 2006 over which the

Secretary shall retain jurisdiction of the surface estate

until the essential mineral rights—

‘‘(i) are purchased under subsection (b) of such

section; or

‘‘(ii) are mined and reclaimed by the mineral rights

holders in accordance with requirements established

by the State of Colorado; and

‘‘(C) the land depicted on the map described in paragraph (1) on which essential mineral rights are being

actively mined as of the date of enactment of the National

Defense Authorization Act for Fiscal Year 2006 until—

‘‘(i) the essential mineral rights are purchased;

or

‘‘(ii) the surface estate is reclaimed by the mineral

rights holder in accordance with requirements established by the State of Colorado.

‘‘(3) ACQUISITION OF ADDITIONAL LAND.—Notwithstanding

paragraph (2), upon the purchase of the mineral rights or

reclamation of the land depicted on the map described in paragraph (1), the Secretary shall—

‘‘(A) transfer the land to the Secretary of the Interior

for inclusion in the refuge; and

‘‘(B) the Secretary of the Interior shall—

‘‘(i) accept the transfer of the land; and

‘‘(ii) manage the land as part of the refuge.’’.

(c) FUNDING.—Of the amounts authorized to be appropriated

to the Secretary for the Rocky Flats Environmental Technology

Site for fiscal year 2006, $10,000,000 may be made available to

the Secretary for the purposes described in subsection (b).

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3543

SEC. 3113. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT

ISSUED BY DEPARTMENT OF ENERGY IN 2005.

(a) REPORT REQUIRED.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Energy shall submit

to the congressional defense committees a report detailing plans

for achieving compliance under the Design Basis Threat issued

by the Department of Energy in November 2005 (in this section

referred to as the ‘‘2005 Design Basis Threat’’).

(b) CONTENT.—The report required under subsection (a) shall

include the following:

(1) A plan with associated annual funding requirements

to achieve compliance under the 2005 Design Basis Threat

by December 31, 2008, and sustain such compliance through

the Future Years Nuclear Security Plan, of all Department

of Energy and National Nuclear Security Administration sites

that contain nuclear weapons or special nuclear material.

(2) A risk and cost analysis of the increase in security

requirements from the Design Basis Threat issued by the

Department of Energy in May 2003 to the 2005 Design Basis

Threat.

(3) An evaluation of options for applying security technologies and innovative protective force deployment to increase

the efficiency and effectiveness of efforts to protect against

the threats postulated in the 2005 Design Basis Threat.

(c) FORM.—The report required under subsection (a) shall be

submitted in classified form with an unclassified summary.

(d) COMPTROLLER GENERAL REVIEW.—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 containing a review of the plan required by subsection (b)(1). In conducting the review, the Comptroller General shall employ probalistic

risk assessment methodology to access the merits of incremental

risk mitigation steps proposed by the Department of Energy.

SEC. 3114. REPORTS ASSOCIATED WITH WASTE TREATMENT AND

IMMOBILIZATION PLANT PROJECT, HANFORD SITE,

RICHLAND, WASHINGTON.

(a) SUBMISSION OF ARMY CORPS OF ENGINEERS REPORTS.—

Not later than 10 days after the date on which the Secretary

of Energy receives any report from the Army Corps of Engineers

documenting any evaluation or validation of costs, schedule, and

technical issues associated with the Waste Treatment and Immobilization Plant Project at the Department of Energy Hanford Site,

the Secretary shall submit a copy of the report to the congressional

defense committees.

(b) INCLUSION OF SPECIFIC REPORTS.—The requirement to

submit reports under this section includes the anticipated reports

from the Army Corps of Engineers—

(1) documenting the cost validation of the estimated cost

to complete the project based on both constrained and unconstrained funding scenarios; and

(2) evaluating the baseline ground motion criteria.

SEC. 3115. REPORT ON ASSISTANCE FOR A COMPREHENSIVE INVENTORY OF RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.

(a) FINDINGS.—Congress finds that—

119 STAT. 3544 PUBLIC LAW 109–163—JAN. 6, 2006

(1) there is an insufficient accounting for, and insufficient

security of, the nonstrategic nuclear weapons of the Russian

Federation; and

(2) because of the dangers posed by that insufficient

accounting and security, it is in the national security interest

of the United States to assist the Russian Federation in the

conduct of a comprehensive inventory of its nonstrategic nuclear

weapons.

(b) REPORT.—

(1) REPORT REQUIRED.—Not later than April 15, 2006, the

Secretary of Energy shall submit to Congress a report

containing—

(A) the Secretary’s evaluation of past and current

efforts by the United States to encourage or facilitate a

proper accounting for and securing of the nonstrategic

nuclear weapons of the Russian Federation; and

(B) the Secretary’s recommendations regarding the

actions by the United States that are most likely to lead

to progress in improving the accounting for, and securing

of, those weapons.

(2) CONSULTATION WITH SECRETARY OF DEFENSE.—The

report under paragraph (1) shall be prepared in consultation

with the Secretary of Defense.

(3) CLASSIFICATION OF REPORT.—The report under paragraph (1) shall be in unclassified form, but may be accompanied

by a classified annex.

SEC. 3116. REPORT ON INTERNATIONAL BORDER SECURITY PROGRAMS.

(a) REPORT REQUIRED.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Energy 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 management by the Secretaries referred to in subsection

(c) of border security programs in the countries of the former

Soviet Union and other countries.

(b) CONTENT.—The report required under subsection (a) shall

include—

(1) a description of the roles and responsibilities of each

department and agency of the United States Government in

international border security programs;

(2) a description of the interactions and coordination among

departments and agencies of the United States Government

that are conducting international border security programs;

(3) a description of the mechanisms and processes that

exist to ensure coordination, avoid duplication, and provide

a means to resolve conflicts or problems that might arise in

the implementation of international border security programs;

(4) a discussion of whether there is existing interagency

guidance that addresses the roles, interactions, and dispute

resolution mechanisms for departments and agencies of the

United States Government that are conducting international

border security programs, and the adequacy of such guidance

if it exists; and

(5) recommendations to improve the coordination and

effectiveness of international border security programs.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3545

(c) CONSULTATION.—The Secretary of Energy shall prepare the

report required by subsection (a) in consultation with the Secretary

of Defense, the Secretary of State, and, as appropriate, the Secretary

of Homeland Security.

SEC. 3117. SAVANNAH RIVER NATIONAL LABORATORY.

The Savannah River National Laboratory shall be a participating laboratory in the Department of Energy laboratory directed

research and development program.

TITLE XXXII—DEFENSE NUCLEAR

FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2006,

$22,032,000 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. Revisions to required receipt objectives for previously authorized disposals from National Defense Stockpile. Sec. 3303. Authorization for disposal of tungsten ores and concentrates.

Sec. 3304. Disposal of ferromanganese.

SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE

FUNDS.

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2006,

the National Defense Stockpile Manager may obligate up to

$52,132,000 of the funds in the National Defense Stockpile Transaction 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. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM NATIONAL

DEFENSE STOCKPILE.

(a) DISPOSAL AUTHORITY.—Section 3303(a) of the Strom

Thurmond National Defense Authorization Act for Fiscal Year 1999

Effective date.

Notification.

119 STAT. 3546 PUBLIC LAW 109–163—JAN. 6, 2006

(Public Law 105–261; 50 U.S.C. 98d note), as amended by section

3302 of the Ronald W. Reagan National Defense Authorization

Act for Year 2005 (Public Law 108–375; 118 Stat. 2193), is

amended—

(1) by striking ‘‘and’’ at the end of paragraph (4); and

(2) by striking paragraph (5) and inserting the following

new paragraphs: ‘‘(5) $900,000,000 by the end of fiscal year 2010; and

‘‘(6) $1,000,000,000 by the end of fiscal year 2013.’’.

(b) ADDITIONAL DISPOSAL AUTHORITY.—Section 3402(b) of the

National Defense Authorization Act for Fiscal Year 2000 (Public

Law 106–65; 50 U.S.C. 98d note), as amended by section 3302

of the National Defense Authorization Act for Fiscal Year 2004

(Public Law 108–136; 117 Stat. 1788), is amended—

(1) by striking ‘‘and’’ at the end of paragraph (3); and

(2) by striking paragraph (4) and inserting the following

new paragraphs: ‘‘(4) $500,000,000 before the end of fiscal year 2010; and

‘‘(5) $600,000,000 before the end of fiscal year 2013.’’.

SEC. 3303. AUTHORIZATION FOR DISPOSAL OF TUNGSTEN ORES AND

CONCENTRATES.

(a) DISPOSAL AUTHORIZED.—The President may dispose of up

to 8,000,000 pounds of contained tungsten in the form of tungsten

ores and concentrates from the National Defense Stockpile in fiscal

year 2006.

(b) CERTAIN SALES AUTHORIZED.—The tungsten ores and concentrates disposed under subsection (a) may be sold to entities

with ore conversion or tungsten carbide manufacturing or processing

capabilities in the United States.

SEC. 3304. DISPOSAL OF FERROMANGANESE.

(a) DISPOSAL AUTHORIZED.—The Secretary of Defense may dispose of up to 75,000 tons of ferromanganese from the National

Defense Stockpile during fiscal year 2006.

(b) CONTINGENT AUTHORITY FOR ADDITIONAL DISPOSAL.—If the

Secretary of Defense completes the disposal of the total quantity

of ferromanganese authorized for disposal by subsection (a) before

September 30, 2006, the Secretary of Defense 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 subsection (b) only if the

Secretary submits written certification to the Committee on Armed

Services of the Senate and the Committee on Armed Services of

the House of Representatives, not later than 30 days before the

commencement of disposal, 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 consistent with the requirements and purpose of the National

Defense Stockpile.

(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.

Deadline.

50 USC 98d note.

50 USC 98d note.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3547

(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).

TITLE XXXIV—NAVAL PETROLEUM

RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) AMOUNT.—There are hereby authorized to be appropriated

to the Secretary of Energy $18,500,000 for fiscal year 2006 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 fiscal year 2006.

Sec. 3502. Payments for State and regional maritime academies.

Sec. 3503. Maintenance and repair reimbursement pilot program.

Sec. 3504. Tank vessel construction assistance.

Sec. 3505. Improvements to the Maritime Administration vessel disposal program.

Sec. 3506. Assistance for small shipyards and maritime communities.

Sec. 3507. Transfer of authority for title XI non-fishing loan guarantee decisions to

Maritime Administration.

Sec. 3508. Technical corrections.

Sec. 3509. United States Maritime Service.

Sec. 3510. Awards and medals.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR

2006.

Funds are hereby authorized to be appropriated for fiscal year

2006, to be available without fiscal year limitation if so provided

in appropriations Acts, for the use of the Department of Transportation for the Maritime Administration as follows:

(1) For expenses necessary for operations and training

activities, $122,249,000.

(2) For administrative expenses related to loan guarantee

commitments under the program authorized by title XI of the

Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.),

$4,126,000.

(3) For expenses to dispose of obsolete vessels in the

National Defense Reserve Fleet, including provision of assistance under section 7 of Public Law 92–402, $21,000,000.

SEC. 3502. PAYMENTS FOR STATE AND REGIONAL MARITIME ACADEMIES.

(a) ANNUAL PAYMENT.—Section 1304(d)(1)(C)(ii) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(d)(1)(C)(ii)) is

amended by striking ‘‘$200,000’’ and inserting ‘‘$300,000 for fiscal

year 2006, $400,000 for fiscal year 2007, and $500,000 for fiscal

year 2008 and each fiscal year thereafter’’.

119 STAT. 3548 PUBLIC LAW 109–163—JAN. 6, 2006

(b) SCHOOL SHIP FUEL PAYMENT.—Section 1304(c)(2) of the

Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(c)(2)) is

amended—

(1) by striking ‘‘The Secretary may pay to any State maritime academy’’ and inserting ‘‘(A) The Secretary shall, subject

to the availability of appropriations, pay to each State maritime

academy’’; and

(2) by adding at the end the following:

‘‘(B) The amount of the payment to a State maritime academy

under this paragraph shall not exceed—

‘‘(i) $100,000 for fiscal year 2006;

‘‘(ii) $200,000 for fiscal year 2007; and

‘‘(iii) $300,000 for fiscal year 2008 and each fiscal year

thereafter.’’.

SEC. 3503. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT PROGRAM.

Section 3517 of the Maritime Security Act of 2003 (46 U.S.C.

53101 note) is amended to read as follows:

‘‘SEC. 3517. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT PROGRAM.

‘‘(a) AUTHORITY TO ENTER AGREEMENTS.—

‘‘(1) IN GENERAL.—The Secretary of Transportation shall

carry out a pilot program under which the Secretary shall

enter into an agreement with 1 or more contractors under

chapter 531 of title 46, United States Code, regarding maintenance and repair of 1 or more vessels that are subject to

an operating agreement under that chapter.

‘‘(2) REQUIREMENT OF AGREEMENT.—The Secretary shall,

subject to the availability of appropriations, require 1 or more

persons to enter into an agreement under this section as a

condition of awarding an operating agreement to the person

under chapter 531 of title 46, United States Code, for 1 or

more vessels that normally make port calls in the United States.

‘‘(b) TERMS OF AGREEMENT.—An agreement under this section—

‘‘(1) shall require that except as provided in subsection

(c), all qualified maintenance or repair on the vessel shall

be performed in the United States;

‘‘(2) shall require that the Secretary shall reimburse the

contractor in accordance with subsection (d) for the costs of

qualified maintenance or repair performed in the United States;

and

‘‘(3) shall apply to qualified maintenance or repair performed during the 5-year period beginning on the date the

vessel begins operating under the operating agreement under

chapter 531 of title 46, United States Code.

‘‘(c) EXCEPTION TO REQUIREMENT TO PERFORM WORK IN THE

UNITED STATES.—A contractor shall not be required to have qualified maintenance or repair work performed in the United States

under this section if—

‘‘(1) the Secretary determines that there is no facility

capable of meeting all technical requirements of the qualified

maintenance or repair in the United States located in the

geographic area in which the vessel normally operates available

to perform the work in the time required by the contractor

to maintain its regularly scheduled service;

Applicability.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3549

‘‘(2) the Secretary determines that there are insufficient

funds to pay reimbursement under subsection (d) with respect

to the work; or

‘‘(3) the Secretary fails to make the certification described

in subsection (e)(2).

‘‘(d) REIMBURSEMENT.—

‘‘(1) IN GENERAL.—The Secretary shall, subject to the availability of appropriations, reimburse a contractor for costs

incurred by the contractor for qualified maintenance or repair

performed in the United States under this section.

‘‘(2) AMOUNT.—The amount of reimbursement shall be

equal to the difference between—

‘‘(A) the fair and reasonable cost of obtaining the qualified maintenance or repair in the United States; and

‘‘(B) the fair and reasonable cost of obtaining the qualified maintenance or repair outside the United States, in

the country in which the contractor would otherwise undertake the qualified maintenance or repair.

‘‘(3) DETERMINATION OF FAIR AND REASONABLE COSTS.—

The Secretary shall determine fair and reasonable costs for

purposes of paragraph (2).

‘‘(e) NOTIFICATION REQUIREMENTS.—

‘‘(1) NOTIFICATION BY CONTRACTOR.—The Secretary is not

required to pay reimbursement to a contractor under this section for qualified maintenance or repair, unless the contractor—

‘‘(A) notifies the Secretary of the intent of the contractor to obtain the qualified maintenance or repair, by

not later than 90 days before the date of the performance

of the qualified maintenance or repair; and

‘‘(B) includes in such notification—

‘‘(i) a description of all qualified maintenance or

repair that the contractor should reasonably expect

may be performed;

‘‘(ii) a description of the vessel’s normal route and

port calls in the United States;

‘‘(iii) an estimate of the cost of obtaining the qualified maintenance or repair described under clause (i)

in the United States; and

‘‘(iv) an estimate of the cost of obtaining the qualified maintenance or repair described under clause (i)

outside the United States, in the country in which

the contractor otherwise would undertake the qualified

maintenance or repair.

‘‘(2) CERTIFICATION BY SECRETARY.—

‘‘(A) Not later than 30 days after the date of receipt

of notification under paragraph (1), the Secretary shall

certify to the contractor—

‘‘(i) whether the cost estimates provided by the

contractor are fair and reasonable;

‘‘(ii) if the Secretary determines that such cost

estimates are not fair and reasonable, the Secretary’s

estimate of fair and reasonable costs for such work;

‘‘(iii) whether there are available to the Secretary

sufficient funds to pay reimbursement under subsection (d) with respect to such work; and

Deadline.

Deadline.

119 STAT. 3550 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(iv) that the Secretary commits such funds to

the contractor for such reimbursement, if such funds

are available for that purpose.

‘‘(B) If the contractor notification described in paragraph (1) does not include an estimate of the cost of

obtaining qualified maintenance and repair in the United

States, then not later than 30 days after the date of receipt

of such notification, the Secretary shall—

‘‘(i) certify to the contractor whether there is a

facility capable of meeting all technical requirements

of the qualified maintenance and repair in the United

States located in the geographic area in which the

vessel normally operates available to perform the qualified maintenance and repair described in the notification by the contractor under paragraph (1) in the time

period required by the contractor to maintain its regularly scheduled service; and

‘‘(ii) if there is such a facility, require the contractor

to resubmit such notification with the required cost

estimate for such facility.

‘‘(f) REGULATIONS.—

‘‘(1) REQUIREMENT TO ISSUE NOTICE OF PROPOSED RULE

MAKING.—The Secretary shall—

‘‘(A) by not later than 30 days after the effective date

of this subsection, issue a notice of proposed rule making

to implement this section;

‘‘(B) in such notice, solicit the submission of comments

by the public regarding rules to implement this section;

and

‘‘(C) provide a period of at least 30 days for the submission of such comments.

‘‘(2) INTERIM RULES.—Upon expiration of the period for

submission of comments pursuant to paragraph (1)(C), the Secretary may prescribe interim rules necessary to carry out the

Secretary’s responsibilities under this section. For this purpose,

the Secretary is excepted from compliance with the notice and

comment requirements of section 553 of title 5, United States

Code. At the time interim rules are issued, the Secretary shall

solicit comments on the interim rules from the public and

other interested persons. Such period for comment shall not

be less than 90 days. All interim rules prescribed under the

authority of this subsection that are not earlier superseded

by final rules shall expire no later than 270 days after the

effective date of this subsection.

‘‘(g) QUALIFIED MAINTENANCE OR REPAIR DEFINED.—In this

section the term ‘qualified maintenance or repair’—

‘‘(1) except as provided in paragraph (2), means—

‘‘(A) any inspection of a vessel that is—

‘‘(i) required under chapter 33 of title 46, United

States Code; and

‘‘(ii) performed in the period in which the vessel

is subject to an agreement under this section;

‘‘(B) any maintenance or repair of a vessel that is

determined, in the course of an inspection referred to in

subparagraph (A), to be necessary; and

Expiration date.

Deadline.

Public comments.

Public comments.

Deadlines.

Deadline.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3551

‘‘(C) any additional maintenance or repair the contractor intends to undertake at the same time as the work

described in subparagraph (B); and

‘‘(2) does not include—

‘‘(A) maintenance or repair not agreed to by the contractor to be undertaken at the same time as the work

described in paragraph (1); or

‘‘(B) any emergency work that is necessary to enable

a vessel to return to a port in the United States.

‘‘(h) ANNUAL REPORT.—The Secretary shall submit to the Congress by not later than September 30 each year a report on the

program under this section. The report shall include a listing of

future inspection schedules for all vessels included in the Maritime

Security Fleet under section 53102 of title 46, United States Code.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—In addition to the

other amounts authorized by this title, for reimbursement of costs

of qualified maintenance or repair under this section there is

authorized to be appropriated to the Secretary of Transportation

$19,500,000 for each of fiscal years 2006 through 2011.’’.

SEC. 3504. TANK VESSEL CONSTRUCTION ASSISTANCE.

(a) REQUIREMENT TO ENTER CONTRACTS.—Section 3543(a) of

the National Defense Authorization Act for Fiscal Year 2004 (46

U.S.C. 53101 note) is amended by striking ‘‘may’’ and inserting

‘‘shall, to the extent of the availability of appropriations,’’.

(b) AMOUNT OF ASSISTANCE.—Section 3543(b) of the National

Defense Authorization Act for Fiscal Year 2004 (46 U.S.C. 53101

note) is amended by striking ‘‘up to 75 percent of’’.

SEC. 3505. IMPROVEMENTS TO THE MARITIME ADMINISTRATION

VESSEL DISPOSAL PROGRAM.

(a) REPEAL OF LIMITATION ON SCRAPPING; COMPREHENSIVE

MANAGEMENT PLAN.—Section 3502 of the Floyd D. Spence National

Defense Authorization Act of Fiscal Year 2001 (enacted into law

by section 1 of Public Law 106–398; 16 U.S.C. 5405 note; 114

Stat. 1654A–490) is amended by striking subsections (c), (d), (e),

and (f), and inserting the following:

‘‘(c) COMPREHENSIVE MANAGEMENT PLAN.—

‘‘(1) REQUIREMENT TO DEVELOP PLAN.—The Secretary of

Transportation shall prepare, publish, and submit to the Congress by not later than 180 days after the date of the enactment

of this Act a comprehensive plan for management of the vessel

disposal program of the Maritime Administration in accordance

with the recommendations made in the Government Accountability Office in report number GAO–05–264, dated March

2005.

‘‘(2) CONTENTS OF PLAN.—The plan shall—

‘‘(A) include a strategy and implementation plan for

disposal of obsolete National Defense Reserve Fleet vessels

(including vessels added to the fleet after the enactment

of this paragraph) in a timely manner, maximizing the

use of all available disposal methods, including dismantling, use for artificial reefs, donation, and Navy training

exercises;

‘‘(B) identify and describe the funding and other

resources necessary to implement the plan, and specific

milestones for disposal of vessels under the plan;

Publication.

Deadline.

Records.

119 STAT. 3552 PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(C) establish performance measures to track progress

toward achieving the goals of the program, including the

expeditious disposal of ships commencing upon the date

of the enactment of this paragraph;

‘‘(D) develop a formal decisionmaking framework for

the program; and

‘‘(E) identify external factors that could impede successful implementation of the plan, and describe steps to be

taken to mitigate the effects of such factors.

‘‘(d) IMPLEMENTATION OF MANAGEMENT PLAN.— ‘‘(1) REQUIREMENT TO IMPLEMENT.—Subject to the availability of appropriations, the Secretary shall implement the

vessel disposal program of the Maritime Administration in

accordance with—

‘‘(A) the management plan submitted under subsection

(c); and

‘‘(B) the requirements set forth in paragraph (2).

‘‘(2) UTILIZATION OF DOMESTIC SOURCES.—In the procurement of services under the vessel disposal program of the

Maritime Administration, the Secretary shall—

‘‘(A) use full and open competition; and

‘‘(B) utilize domestic sources to the maximum extent

practicable.

‘‘(e) FAILURE TO SUBMIT PLAN.—

‘‘(1) PRIVATE MANAGEMENT CONTRACT FOR DISPOSAL OF

MARITIME ADMINISTRATION VESSELS.—The Secretary of

Transportation, subject to the availability of appropriations,

shall promptly award a contract using full and open competition

to expeditiously implement all aspects of disposal of obsolete

National Defense Reserve Fleet vessels.

‘‘(2) APPLICATION.—This subsection shall apply beginning

180 days after the date of the enactment of this subsection,

unless the Secretary of Transportation has submitted to the

Congress the comprehensive plan required under subsection

(c).

‘‘(f) REPORT.—No later than 1 year after the date of the enactment of this subsection, and every 6 months thereafter, the Secretary of Transportation, in coordination with the Secretary of

the Navy, shall report to the Committee on Transportation and

Infrastructure, the Committee on Resources, and the Committee

on Armed Services of the House of Representatives, and to the

Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate, on the progress made

in implementing the vessel disposal plan developed under subsection (c). In particular, the report shall address the performance

measures required to be established under subsection (c)(2)(C).’’.

(b) TEMPORARY AUTHORITY TO TRANSFER OBSOLETE COMBATANT

VESSELS TO NAVY FOR DISPOSAL.—The Secretary of Transportation

shall, subject to the availability of appropriations and consistent

with section 1535 of title 31, United States Code, popularly known

as the Economy Act, transfer to the Secretary of the Navy during

fiscal year 2006 for disposal by the Navy, no fewer than 4 combatant

vessels in the nonretention fleet of the Maritime Administration

that are acceptable to the Secretary of the Navy.

(c) TRANSFER OF TITLE OF OBSOLETE VESSELS TO BE DISPOSED

OF AS ARTIFICIAL REEFS.—Paragraph (4) of section 4 of the Act

entitled ‘‘An Act to authorize appropriations for the fiscal year

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3553

1973 for certain maritime programs of the Department of Commerce, and for related purposes’’ (Public Law 92–402; 16 U.S.C.

1220a) is amended to read as follows:

‘‘(4) the transfer would be at no cost to the Government

(except for any financial assistance provided under section

1220(c)(1) of this title) with the State taking delivery of such

obsolete ships and titles in an ‘as-is—where-is’ condition at

such place and time designated as may be determined by the

Secretary of Transportation.’’.

SEC. 3506. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME

COMMUNITIES.

(a) ESTABLISHMENT OF PROGRAM.—Subject to the availability

of appropriations, the Administrator of the Maritime Administration

shall establish a program to provide assistance to State and local

governments—

(1) to provide assistance in the form of grants, loans, and

loan guarantees to small shipyards for capital improvements;

and

(2) for maritime training programs in communities whose

economies are substantially related to the maritime industry.

(b) AWARDS.—In providing assistance under the program, the

Administrator shall—

(1) take into account—

(A) the economic circumstances and conditions of maritime communities; and

(B) the local, State, and regional economy in which

the communities are located; and

(2) strongly encourage State, local, and regional efforts

to promote economic development and training that will

enhance the economic viability of and quality of life in maritime

communities.

(c) USE OF FUNDS.—Assistance provided under this section

may be used—

(1) to make capital and related improvements in small

shipyards located in or near maritime communities;

(2) to encourage, assist in, or provide training for residents

of maritime communities that will enhance the economic

viability of those communities; and

(3) for such other purposes as the Administrator determines

to be consistent with and supplemental to such activities.

(d) PROHIBITED USES.—Grants awarded under this section may

not be used to construct buildings or other physical facilities or

to acquire land unless such use is specifically approved by the

Administrator in support of subsection (c)(3).

(e) MATCHING REQUIREMENTS.—

(1) FEDERAL FUNDING.—Except as provided in paragraph

(2), Federal funds for any eligible project under this section

shall not exceed 75 percent of the total cost of such project.

(2) EXCEPTIONS.—

(A) SMALL PROJECTS.—Paragraph (1) shall not apply

to grants under this section for stand alone projects costing

not more than $25,000. The amount under this subparagraph shall be indexed to the consumer price index and

modified each fiscal year after the annual publication of

the consumer price index.

Grants.

Loans.

46 USC app.

1249.

119 STAT. 3554 PUBLIC LAW 109–163—JAN. 6, 2006

(B) REDUCTION IN MATCHING REQUIREMENT.—If the

Administrator determines that a proposed project merits

support and cannot be undertaken without a higher

percentage of Federal financial assistance, the Administrator may award a grant for such project with a lesser

matching requirement than is described in paragraph (1).

(f) APPLICATION.—

(1) IN GENERAL.—The Administrator shall determine who,

as an eligible applicant, may submit an application, at such

time, in such form, and containing such information and assurances as the Administrator may require.

(2) MINIMUM STANDARDS FOR PAYMENT OR REIMBURSEMENT.—Each application submitted under paragraph (1) shall

include—

(A) a comprehensive description of—

(i) the need for the project;

(ii) the methodology for implementing the project;

and

(iii) any existing programs or arrangements that

can be used to supplement or leverage assistance under

the program.

(3) PROCEDURAL SAFEGUARDS.—The Administrator, in consultation with the Office of the Inspector General, shall issue

guidelines to establish appropriate accounting, reporting, and

review procedures to ensure that—

(A) grant funds are used for the purposes for which

they were made available;

(B) grantees have properly accounted for all expenditures of grant funds; and

(C) grant funds not used for such purposes and

amounts not obligated or expended are returned.

(4) PROJECT APPROVAL REQUIRED.—The Administrator may

not award a grant under this section unless the Administrator

determines that—

(A) sufficient funding is available to meet the matching

requirements of subsection (e);

(B) the project will be completed without unreasonable

delay; and

(C) the recipient has authority to carry out the proposed project.

(g) AUDITS AND EXAMINATIONS.—All grantees under this section

shall maintain such records as the Administrator may require and

make such records available for review and audit by the Administrator.

(h) SMALL SHIPYARD DEFINED.—In this section, the term ‘‘small

shipyard’’ means a shipyard that—

(1) is a small business concern (within the meaning of

section 3 of the Small Business Act (15 U.S.C. 632); and

(2) does not have more than 600 employees.

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Administrator of the Maritime Administration for each of fiscal years 2006 through 2010 to carry out this

section—

(1) $5,000,000 for training grants; and

(2) $25,000,000 for capital and related improvement grants.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3555

SEC. 3507. TRANSFER OF AUTHORITY FOR TITLE XI NON-FISHING LOAN

GUARANTEE DECISIONS TO MARITIME ADMINISTRATION.

(a) IN GENERAL.—Title XI of the Merchant Marine Act, 1936

(46 U.S.C. App. 1271 et seq.), as amended by subsection (d) of

this section, is amended—

(1) by striking ‘‘Secretary’’ each place it appears and

inserting ‘‘Secretary or Administrator’’ in—

(A) section 1101(c), (f), and (g);

(B) section 1102;

(C) section 1103(a), (b), (c), (e), (g), and (h);

(D) section 1104A, except in—

(i) subsection (b)(7) and the undesignated paragraph that follows;

(ii) paragraphs (1), (2), (3)(B), and (4) of subsection

(d);

(iii) subsection (e)(2)(F) the second place it appears;

(iv) subsection (j); and

(v) subsection (n)(1) the first place it appears;

(E) section 1104B;

(F) section 1105(a), (b), (c), and (e);

(G) section 1105(d) the first, second, third, fifth, and

last places it appears; and

(H) sections 1108, 1109 (except the second place it

appears in subsection (c)), and 1113 (as redesignated by

subsection (d) of this section);

(2) by striking ‘‘Secretary’’ and inserting ‘‘Administrator’’

in—

(A) section 1103(i);

(B) section 1103(j) the first place it appears;

(C) section 1104A(b)(7) each place it appears but not

in the undesignated paragraph that follows subsection

(b)(7);

(D) section 1104A(d)(1)(A) each place it appears except

the first;

(E) section 1104A(d)(3) each place it appears except

in subparagraph (B);

(F) section 1104A(j)(1) the first, fifth, and seventh

places it appears;

(G) section 1104A(n) each place it appears except the

first;

(H) section 1110 each place it appears except the first

and fourth places it appears in subsection (b);

(I) section 1111(a) and (b)(2) each place it appears;

(J) section 1111(b)(4) each place it appears except the

first; and

(K) section 1112 each place it appears; and

(3) by striking ‘‘Secretary’s’’ in sections 1108(g)(1) and

1109(d)(3) and inserting ‘‘Secretary’s or Administrator’s’’.

(b) ADDITIONAL AND CONFORMING TITLE XI CHANGES.—

(1) Section 1101 of the Merchant Marine Act, 1936 (46

U.S.C. App. 1271) is amended—

(A) by striking ‘‘title,’’ and all that follows in subsection

(n) and inserting ‘‘title.’’; and

(B) by adding at the end the following:

‘‘(p) The term ‘Administrator’ means the Administrator of

the Maritime Administration.’’.

46 USC app.

1279e.

46 USC app.

1279d.

46 USC app.

1279c.

46 USC app.

1279a, 1279b,

1279f.

46 USC app.

1275.

46 USC app.

1274a.

46 USC app.

1274.

46 USC app.

1273.

46 USC app.

1272.

46 USC app.

1271.

119 STAT. 3556 PUBLIC LAW 109–163—JAN. 6, 2006

(2) Section 1103(j) of such Act (46 U.S.C. App. 1273(j))

is amended by adding at the end the following:

‘‘The Secretary of Defense shall determine whether a vessel satisfies

paragraphs (1) and (2) by not later than 30 days after receipt

of a request from the Administrator for such a determination.’’.

(3) Section 1104A(d) of such Act (46 U.S.C. App. 1274(d))

is amended—

(A) by striking ‘‘Secretary of Transportation’’ in paragraphs (1)(A) and (3)(B) and inserting ‘‘Administrator’’;

(B) by striking ‘‘the waiver’’ in paragraph (4)(B) and

inserting ‘‘if deemed necessary by the Secretary or Administrator, the waiver’’;

(C) by striking ‘‘the increased’’ in paragraph (4)(B)

and inserting ‘‘any significant increase in’’.

(4) Section 1104A(f) of such Act (46 U.S.C. App. 1273(f))

is amended—

(A) by striking ‘‘financial structures, or other risk factors identified by the Secretary or Administrator.’’ in paragraph (2), as amended by subsection (a) of this section,

and inserting ‘‘or financial structures.’’;

(B) by striking ‘‘financial structures, or other risk factors identified by the Secretary or Administrator.’’ in paragraph (3), as amended by subsection (a) of this section,

and inserting ‘‘or financial structures.’’; and

(C) by adding at the end the following:

‘‘(5) A third party independent analysis conducted under paragraph (2) shall be performed by a private sector expert in assessing

such risk factors who is selected by the Administrator.’’.

(5) Section 1104A(j)(2) of such Act (46 U.S.C. App.

1273(j)(2)) is amended by striking ‘‘The Secretary of Transportation’’ and inserting ‘‘The Administrator’’.

(6) Section 1104A(m) of such Act (46 U.S.C. App. 1273(m))

is amended by striking the last sentence and inserting ‘‘If

the Secretary or Administrator has waived a requirement under

section 1104A(d), the loan agreement shall include requirements for additional payments, collateral, or equity contributions to meet such waived requirement upon the occurrence

of verifiable conditions indicating that the obligor’s financial

condition enables the obligor to meet the waived requirement.’’.

(7) Section 1104A(n)(1) of such Act (46 U.S.C. App.

1273(n)(1)) is amended by striking ‘‘The Secretary of Transportation’’ and inserting ‘‘The Administrator’’.

(8) Section 1111 of such Act (46 U.S.C. 1279(f)) is amended

by striking ‘‘Secretary of Transportation’’ each place it appears

and inserting ‘‘Administrator’’.

(c) CONFORMING CHANGES IN OTHER STATUTES.—

(1) Section 401(a) of the Ocean Shipping Reform Act of

1998 (46 U.S.C. App. 1273a(a)) is amended by striking ‘‘Secretary of Transportation’’ and inserting ‘‘Administrator of the

Maritime Administration’’.

(2) Section 101 of Public Law 85–469 (46 U.S.C. 1280)

is amended by inserting ‘‘or the Administrator of the Maritime

Administration’’ after ‘‘Secretary’’.

(3) Section 3527 of the Maritime Security Act of 2003

(46 U.S.C. App. 1280b) is amended by striking ‘‘Secretary of

Transportation’’ and inserting ‘‘Administrator of the Maritime

Administration’’.

46 USC app.

1280.

46 USC app.

1279d.

46 USC app.

1274.

46 USC app.

1274.

46 USC app.

1274.

46 USC app.

1274.

Deadline.

PUBLIC LAW 109–163—JAN. 6, 2006 119 STAT. 3557

LEGISLATIVE HISTORY—H.R. 1815 (S. 1042) (S. 1043):

HOUSE REPORTS: Nos. 109–89 (Comm. on Armed Services) and 109–360 (Comm.

of Conference).

SENATE REPORTS: No. 109–69 accompaying S. 1042 (Comm. on Armed Services).

CONGRESSIONAL RECORD, Vol. 151 (2005):

May 25, considered and passed House.

Nov. 15, considered and passed Senate, amended, in lieu of S. 1042.

Dec. 18, House agreed to conference report.

Dec. 19, 21, Senate considered and agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):

Jan. 6, Presidential statement.

Æ

(4) Section 3528 of the Maritime Security Act of 2003

(46 U.S.C. App. 1271 note) is repealed.

(d) TECHNICAL CORRECTION OF SECTION NUMBERING.—Title XI

of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.)

is amended by redesignating the second sections 1111 and 1112,

as added by section 303 of the Sustainable Fisheries Act (Public

Law 104–297; 110 Stat. 3616), as sections 1113 and 1114, respectively.

SEC. 3508. TECHNICAL CORRECTIONS.

(a) INTERMODAL CENTERS.—Section 9008(b)(1) of the Safe,

Accountable, Flexible, Efficient Transportation Equity Act: A Legacy

for Users is amended by striking ‘‘section 5309(m)(1)(C)’’ and

inserting ‘‘paragraphs (1)(C) and (2)(C) of section 5309(m)’’.

(b) INTERMODAL SURFACE FREIGHT TRANSFER FACILITY ELIGI- BILITY.—Section 9008(b)(2) of that Act is amended by striking ‘‘section 181(9)(D)’’ and inserting ‘‘181(8)(D)’’.

SEC. 3509. UNITED STATES MARITIME SERVICE.

Section 1306(a) of the Maritime Education and Training Act

of 1980 (46 U.S.C. App. 1295e(a)), is amended by inserting ‘‘and

to perform functions to assist the United States merchant marine,

as determined necessary by the Secretary,’’ after ‘‘United States’’

the second place it appears.

SEC. 3510. AWARDS AND MEDALS.

Section 5(c) of the Merchant Marine Decorations and Medals

Act (46 U.S.C. App. 2004(c)) is amended by striking ‘‘provide at

cost, or authorize for the manufacture and sale at reasonable prices

by private persons—’’ and inserting ‘‘provide—’’.

Approved January 6, 2006.

Ante, p. 1926.

46 USC app.

1279f, 1279g.

Repeal.