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[109th Congress Public Law 163]
[From the U.S. Government Printing Office]

[DOCID: f:publ163.109]

[[Page 3135]]

         NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006

[[Page 119 STAT. 3136]]

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. <<NOTE: Jan. 6, 
                         2006 -  [H.R. 1815]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: National Defense 
Authorization Act for Fiscal Year 2006.>> 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.

[[Page 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.

[[Page 119 STAT. 3138]]

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 GPS-equipped.
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 
           security-guard 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 gray-area retirees.

[[Page 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.

[[Page 119 STAT. 3140]]

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.

[[Page 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.

[[Page 119 STAT. 3142]]

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.

[[Page 119 STAT. 3143]]

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.

[[Page 119 STAT. 3144]]

                    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.

[[Page 119 STAT. 3145]]

  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.

[[Page 119 STAT. 3146]]

       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.

[[Page 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.

[[Page 119 STAT. 3148]]

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 cross-servicing 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.

[[Page 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.

[[Page 119 STAT. 3150]]

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.

[[Page 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.

[[Page 119 STAT. 3152]]

Sec. 3509. United States Maritime Service.
Sec. 3510. Awards and medals.

SEC. 3. <<NOTE: 10 USC 101 note.>> 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:

[[Page 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.

[[Page 119 STAT. 3154]]

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:

[[Page 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 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 
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.

[[Page 119 STAT. 3156]]

    (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 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 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

[[Page 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 follow-on 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.--

[[Page 119 STAT. 3158]]

            (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 follow-on to the Arleigh Burke 
class of destroyers.

[[Page 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,

[[Page 119 STAT. 3160]]

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

[[Page 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 <<NOTE: Reports.>> 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.

[[Page 119 STAT. 3162]]

                    (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) <<NOTE: Reports.>> 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.

[[Page 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--

[[Page 119 STAT. 3164]]

            (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;

[[Page 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.

[[Page 119 STAT. 3166]]

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 GPS-equipped.
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:

[[Page 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. <<NOTE: Reports.>> 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 future-
                years defense plan and the projected extended planning

[[Page 119 STAT. 3168]]

                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. <<NOTE: 10 USC 221 note.>> 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

[[Page 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 NEXT-GENERATION 
            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--

[[Page 119 STAT. 3170]]

                    (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.

[[Page 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) <<NOTE: Reports. Deadline.>> 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

[[Page 119 STAT. 3172]]

        such proposed budgets provide balanced support for the plan 
        required under subsection (a)(3).
            (3) <<NOTE: Reports. Deadline.>> 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) <<NOTE: Reports. Deadline.>> 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

[[Page 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

[[Page 119 STAT. 3174]]

        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. <<NOTE: 10 USC 2431 note.>> 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

[[Page 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 pro- viding--
            (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. <<NOTE: 10 USC 2521 note.>> 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.

[[Page 119 STAT. 3176]]

SEC. 242. <<NOTE: 10 USC 2521 note.>> 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. <<NOTE: 10 USC 2521 note.>> 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) <<NOTE: Deadline.>> Commencement of Roadmapping.--The Under 
Secretary shall commence any roadmapping identified pursuant to 
subsection (a)(1) not later than January 2007.

SEC. 244. <<NOTE: 10 USC 2521 note.>> 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. <<NOTE: 10 USC 2521 note.>> 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.

[[Page 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).

[[Page 119 STAT. 3178]]

                    ``(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

[[Page 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''.

[[Page 119 STAT. 3180]]

    (b) Repeal of Requirement for Inclusion of Technology Area Review 
and Assessment Summaries With JWSTP.--Subsection (b) of such section is 
repealed.
    (c) <<NOTE: 10 USC 2501 note.>> 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

[[Page 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. <<NOTE: 10 USC 1071 note.>> 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;

[[Page 119 STAT. 3182]]

            (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.

[[Page 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 non-medical 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.

[[Page 119 STAT. 3184]]

                    (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,

[[Page 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. <<NOTE: 10 USC 2281 note.>> 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

[[Page 119 STAT. 3186]]

note) is amended by striking ``After September 30, 2005'' and inserting 
``After September 30, 2007''.
    (b) <<NOTE: 10 USC 2281 note.>> 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

[[Page 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 
           security-guard 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.

[[Page 119 STAT. 3188]]

Sec. 359. Report on space-available travel for certain disabled veterans 
           and gray-area 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.

[[Page 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 
        Commissary, $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 Counter-Drug 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.

[[Page 119 STAT. 3190]]

                  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.''.

[[Page 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

[[Page 119 STAT. 3192]]

        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

[[Page 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 Initiative.--
Section 4551(2) of title 10, United States Code, is amended by inserting 
``, or a Government-owned, contractor-operated depot

[[Page 119 STAT. 3194]]

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.

[[Page 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--

[[Page 119 STAT. 3196]]

                    ``(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 public-private 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):

[[Page 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 <<NOTE: 10 USC 2462.>> is amended to read as follows:

``Sec. 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 public-private 
        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 public-
        private competition is available for examination.

[[Page 119 STAT. 3198]]

            ``(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 public-
        private 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

[[Page 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 public-
        private competition; and
            ``(B) identify any actual savings of the Department of 
        Defense after the implementation of the results of the public-
        private 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) <<NOTE: 10 USC 2461 note.>> 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:

[[Page 119 STAT. 3200]]

``Sec. 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:

``Sec. 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. <<NOTE: 10 USC 2461 note.>> 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.

[[Page 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

[[Page 119 STAT. 3202]]

        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

[[Page 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. <<NOTE: 10 USC 3013 note.>> 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 brigade-
        based 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 
                brigade-based 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 future-years 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

[[Page 119 STAT. 3204]]

                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. <<NOTE: 10 USC 113 note.>> 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.

[[Page 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

[[Page 119 STAT. 3206]]

        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.

[[Page 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).

[[Page 119 STAT. 3208]]

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.

[[Page 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:

[[Page 119 STAT. 3210]]

``Sec. 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:

``Sec. 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.''.

[[Page 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:

``Sec. 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) <<NOTE: Regulations.>> 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) <<NOTE: Expiration date.>> 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.

[[Page 119 STAT. 3212]]

            ``(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 <<NOTE: Reports.>> determines to be warranted. The Comptroller 
General shall submit to Congress a report on the results of each such 
audit.

[[Page 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

[[Page 119 STAT. 3214]]

                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.

[[Page 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.

[[Page 119 STAT. 3216]]

            (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

[[Page 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. <<NOTE: National Wilderness Preservation System. 16 USC 1132 
            note.>> 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.

[[Page 119 STAT. 3218]]

    (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. <<NOTE: 10 USC 115 note.>> 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:

[[Page 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. <<NOTE: 10 USC 115 notes.>> ADDITIONAL AUTHORITY FOR INCREASES 
            OF ARMY AND MARINE CORPS ACTIVE DUTY END STRENGTHS FOR 
            FISCAL YEARS 2007 THROUGH 2009.

    Effective <<NOTE: Effective date.>> 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

[[Page 119 STAT. 3220]]

                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 active-
        duty 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. <<NOTE: 10 USC 12001 note.>> 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

[[Page 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. <<NOTE: 10 USC 12001 note.>> 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. <<NOTE: 10 USC 115 note.>> 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.

[[Page 119 STAT. 3222]]

    (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.

[[Page 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.

[[Page 119 STAT. 3224]]

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.

[[Page 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-in-grade 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:

[[Page 119 STAT. 3226]]

    ``(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).

[[Page 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

[[Page 119 STAT. 3228]]

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) <<NOTE: 10 USC 615 note.>> 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:

``Sec. 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.''.

[[Page 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:

[[Page 119 STAT. 3230]]

``Sec. 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:

``Sec. 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.

[[Page 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.

[[Page 119 STAT. 3232]]

            ``(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) <<NOTE: 10 USC 10216 note.>> 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,

[[Page 119 STAT. 3233]]

        Delaware, Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, 
        Sullivan, Ulster, and Westchester.
            (2) In the State of Virginia: Arlington.

    (d) <<NOTE: Effective date.>> 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) <<NOTE: 10 USC 10101 note.>> 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.

[[Page 119 STAT. 3234]]

                    (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:

``Sec. 5143. Office of Navy Reserve: appointment of Chief''.

                    (B) The heading of section 6327 is amended to read 
                as follows:

``Sec. 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:

``Sec. 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:

``Sec. 7225. Navy Reserve flag''.

                    (E) The heading of section 7226 is amended to read 
                as follows:

``Sec. 7226. Navy Reserve yacht pennant''.

                    (F) The heading of section 10108 is amended to read 
                as follows:

``Sec. 10108. Navy Reserve: administration''.

                    (G) The heading of section 10172 is amended to read 
                as follows:

``Sec. 10172. Navy Reserve Force''.

                    (H) The heading of section 10303 is amended to read 
                as follows:

``Sec. 10303. Navy Reserve Policy Board''.

                    (I) The heading of section 12010 is amended to read 
                as follows:

[[Page 119 STAT. 3235]]

``Sec. 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:

``Sec. 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.--

[[Page 119 STAT. 3236]]

            (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:

``Sec. 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''.

[[Page 119 STAT. 3237]]

    (h) Other References.--Any <<NOTE: 10 USC 10101 note.>> 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.

[[Page 119 STAT. 3238]]

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. <<NOTE: 10 USC 10101 note.>> 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.

[[Page 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:

``Sec. 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.

[[Page 119 STAT. 3240]]

    ``(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 <<NOTE: 10 USC 2163 
note.>> 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 <<NOTE: Regulations.>> 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:

``Sec. 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.

[[Page 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:

``Sec. 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

[[Page 119 STAT. 3242]]

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:

``Sec. 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.

``Sec. 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

[[Page 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) <<NOTE: Regulations.>> 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:

[[Page 119 STAT. 3244]]

``Sec. 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

[[Page 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):

[[Page 119 STAT. 3246]]

    ``(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

[[Page 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 <<NOTE: 10 USC 2107 
note.>> 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 HEALTH-RELATED 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

[[Page 119 STAT. 3248]]

of the cadet or midshipman only in accordance with regulations 
prescribed under paragraph (2).
    ``(2) <<NOTE: Regulations.>> 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 <<NOTE: 10 USC 2107 note.>> 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

[[Page 119 STAT. 3249]]

as a cadet under section 2107a of this title,'' after ``for permanent 
residence''.

SEC. 535. <<NOTE: 10 USC 2101 note.>> 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''.

[[Page 119 STAT. 3250]]

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:

``Sec. 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 <<NOTE: 10 USC 16131 note.>> 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.

[[Page 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:

``Sec. 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 <<NOTE: Effective 
date.>> 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

[[Page 119 STAT. 3252]]

                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.

[[Page 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''.

[[Page 119 STAT. 3254]]

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--

[[Page 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.

[[Page 119 STAT. 3256]]

        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:

``Sec. 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 <<NOTE: Effective date. 10 USC 920a 
note.>> 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.--

[[Page 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:

``Sec. 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 court-martial 
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

[[Page 119 STAT. 3258]]

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),

[[Page 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,

[[Page 119 STAT. 3260]]

                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

[[Page 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.

[[Page 119 STAT. 3262]]

            ``(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

[[Page 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 <<NOTE: 10 USC 920 note.>> 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 <<NOTE: 10 USC 920 note.>> 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 <<NOTE: 10 USC 843 note.>> amendments made 
by this section shall take effect on October 1, 2007.

[[Page 119 STAT. 3264]]

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. <<NOTE: 10 USC 113 note.>> REPORTS BY OFFICERS AND SENIOR 
            ENLISTED MEMBERS OF CONVICTION OF CRIMINAL LAW.

    (a) Requirement for Reports.--
            (1) In general.--The <<NOTE: Regulations.>> 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.--

[[Page 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 <<NOTE: Effective 
date.>> 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

[[Page 119 STAT. 3266]]

                    ``(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''.

[[Page 119 STAT. 3267]]

SEC. 562. <<NOTE: 10 USC 1475 note.>> 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.

[[Page 119 STAT. 3268]]

            (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 <<NOTE: Regulations.>> 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.

[[Page 119 STAT. 3269]]

SEC. 563. <<NOTE: 10 USC 113 note.>> 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

[[Page 119 STAT. 3270]]

        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 <<NOTE: Regulations.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Regulations. 20 USC 
923a.>> Authorized.--Under regulations to be prescribed by the Secretary 
of Defense, the Secretary may

[[Page 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. <<NOTE: 20 USC 7703b.>> 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

[[Page 119 STAT. 3272]]

                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 <<NOTE: Deadline.>> 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.

[[Page 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.

[[Page 119 STAT. 3274]]

    (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 <<NOTE: 10 USC 992 note.>> 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:

``Sec. 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

[[Page 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

[[Page 119 STAT. 3276]]

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 <<NOTE: 10 USC 992 note.>> 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

[[Page 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

[[Page 119 STAT. 3278]]

        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.

[[Page 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:

``Sec. 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 <<NOTE: 32 USC prec. 701.>> 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

[[Page 119 STAT. 3280]]

after the date on which the commission first meets,'' and inserting 
``Not later than October 1, 2007,''.

SEC. 591. <<NOTE: 10 USC 503 note.>> 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 home-
        schooled 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.

[[Page 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 <<NOTE: 10 USC 701 
note.>> 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

[[Page 119 STAT. 3282]]

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 <<NOTE: 10 USC 113 note.>> 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,

[[Page 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:

``Sec. 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. <<NOTE: 10 USC 4331 note.>> 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

[[Page 119 STAT. 3284]]

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 <<NOTE: 10 USC prec. 2571.>> 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.

[[Page 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.

[[Page 119 STAT. 3286]]

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. <<NOTE: 37 USC 1009 note.>> 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

[[Page 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 ``Specialties''.

SEC. 606. <<NOTE: 37 USC 211 note.>> 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

[[Page 119 STAT. 3288]]

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

[[Page 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) <<NOTE: Effective date.>> 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 <<NOTE: Ante, p. 
251.>> 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

[[Page 119 STAT. 3290]]

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 <<NOTE: 37 USC 403 note.>> 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. <<NOTE: 37 USC 403 note.>> 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''.

[[Page 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:

``Sec. 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

[[Page 119 STAT. 3292]]

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 <<NOTE: 37 USC 437 
note.>> 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:

``Sec. 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.

[[Page 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 <<NOTE: 37 USC 910 note.>> 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 .

[[Page 119 STAT. 3294]]

           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

[[Page 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''.

[[Page 119 STAT. 3296]]

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 Payments.--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) <<NOTE: Contracts.>> 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--

[[Page 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 <<NOTE: 37 USC prec. 301.>> 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

[[Page 119 STAT. 3298]]

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:

``Sec. 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).

[[Page 119 STAT. 3299]]

    ``(2) The <<NOTE: Regulations.>> 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 <<NOTE: 37 USC prec. 301.>> 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:

``Sec. 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:

[[Page 119 STAT. 3300]]

            ``(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:

``Sec. 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 <<NOTE: 37 USC prec. 301.>> 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.''.

[[Page 119 STAT. 3301]]

SEC. 637. INCREASE IN MAXIMUM BONUS AMOUNT FOR NUCLEAR-QUALIFIED 
            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 <<NOTE: Regulations.>> 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).''.

[[Page 119 STAT. 3302]]

    (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:

``Sec. 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 <<NOTE: 37 USC prec. 301.>> 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--

[[Page 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:

``Sec. 323. Special pay: retention incentives for members qualified in 
                        critical military skills or assigned to high 
                        priority units''.

            (2) Table of sections.--The <<NOTE: 37 USC prec. 
        301.>> table of sections at the beginning of chapter 5 of such 
        title is amended by striking the

[[Page 119 STAT. 3304]]

        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:

``Sec. 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

[[Page 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 <<NOTE: 37 USC prec. 301.>> 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:

``Sec. 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.

[[Page 119 STAT. 3306]]

            ``(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 <<NOTE: 37 USC prec. 301.>> 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 <<NOTE: 37 USC 328 note.>> 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:

``Sec. 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

[[Page 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).

[[Page 119 STAT. 3308]]

    ``(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.

[[Page 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 full-time 
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 <<NOTE: 10 USC prec. 
        1161.>> title is amended by inserting after the item relating to 
        section 1175 the following new item:

``1175a. Voluntary separation pay and benefits.''.

[[Page 119 STAT. 3310]]

    (b) Limitation on Applicability.--During <<NOTE: 10 USC 1175a 
note.>> 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)

[[Page 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:

``Sec. 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 <<NOTE: 37 USC prec. 401.>> title 
        is amended by striking the

[[Page 119 STAT. 3312]]

        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:

``Sec. 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

[[Page 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 <<NOTE: 37 USC prec. 401.>> 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

[[Page 119 STAT. 3314]]

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 <<NOTE: 37 USC 411h notes.>> 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 <<NOTE: 37 USC 411h note.>> 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

[[Page 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 <<NOTE: Supra.>> 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:

``Sec. 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 <<NOTE: 38 USC 2411 
        note.>> 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.

[[Page 119 STAT. 3316]]

            (2) Department of defense.--The <<NOTE: 10 USC 985 
        note.>> 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 <<NOTE: 10 USC 985 note.>> 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. <<NOTE: Effective date.>> 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 <<NOTE: 10 USC 1478 
        note.>> 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),

[[Page 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

[[Page 119 STAT. 3318]]

                    (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 <<NOTE: 10 USC 1408 note.>> 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

[[Page 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. <<NOTE: Effective date.>> 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--

[[Page 119 STAT. 3320]]

            ``(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--

[[Page 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--

[[Page 119 STAT. 3322]]

            ``(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:

``Sec. 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 <<NOTE: 10 USC 4837 note.>> 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:

``Sec. 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

[[Page 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 <<NOTE: 10 USC 6161 note.>> 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:

``Sec. 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.

[[Page 119 STAT. 3324]]

    ``(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 <<NOTE: 10 USC 9837 note.>> 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:

``Sec. 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.''.

[[Page 119 STAT. 3325]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1609 of such <<NOTE: 10 USC prec. 16301.>> 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 <<NOTE: 37 USC 205 note.>> 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.

[[Page 119 STAT. 3326]]

            ``(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 <<NOTE: 37 USC 907 
note.>> 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

[[Page 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. <<NOTE: Regulations.>> 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 <<NOTE: 37 USC 303a 
        note.>> 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:

[[Page 119 STAT. 3328]]

    ``(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--

[[Page 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:

[[Page 119 STAT. 3330]]

    ``(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:

[[Page 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:

[[Page 119 STAT. 3332]]

    ``(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

[[Page 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) <<NOTE: Contracts.>> 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.''.

[[Page 119 STAT. 3334]]

            (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.''.

[[Page 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:

``Sec. 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.''.

[[Page 119 STAT. 3336]]

            (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:

``Sec. 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) <<NOTE: 10 USC 510 note.>> 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.

[[Page 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) <<NOTE: 12 USC 1701x note.>> 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) <<NOTE: Deadline. 12 USC 1701x note.>> 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) <<NOTE: 12 USC 1701x note.>> 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. <<NOTE: 50 USC app. 515a.>> 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).

[[Page 119 STAT. 3338]]

                    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.

[[Page 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''.

[[Page 119 STAT. 3340]]

    (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:

``Sec. 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:

``Sec. 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

[[Page 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) <<NOTE: Applicability.>> 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. <<NOTE: Procedures.>> 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).

[[Page 119 STAT. 3342]]

    ``(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) <<NOTE: 10 USC 1076b note.>> 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.

[[Page 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. <<NOTE: 10 USC 1092 note.>> 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--

[[Page 119 STAT. 3344]]

                    ``(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

[[Page 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) <<NOTE: 10 USC 1079 note.>> 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. <<NOTE: 10 USC 1073 note.>> 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. <<NOTE: 10 USC 1073 note.>> QUALIFICATIONS FOR INDIVIDUALS 
            SERVING AS TRICARE REGIONAL DIRECTORS.

    (a) <<NOTE: Effective date.>> 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 indi- vidual--

[[Page 119 STAT. 3346]]

            (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. <<NOTE: 10 USC 1077 note.>> PROGRAM FOR MENTAL HEALTH 
            AWARENESS FOR DEPENDENTS AND PILOT PROJECT ON POST TRAUMATIC 
            STRESS DISORDER.

    (a) Program on Mental Health Awareness.--
            (1) <<NOTE: Deadline.>> 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, hospital-based, 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

[[Page 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. <<NOTE: 10 USC 1074 note.>> 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.

[[Page 119 STAT. 3348]]

                    (B) Elements.--The pilot project under this 
                paragraph shall be designed--
                          (i) to evaluate approaches for providing 
                      evidence-based 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.

[[Page 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) <<NOTE: Designation.>> Co-chairs of task force.--There 
        shall be two co-chairs 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) <<NOTE: Deadline. Reports.>> 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

[[Page 119 STAT. 3350]]

                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

[[Page 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) <<NOTE: Deadline.>> 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

[[Page 119 STAT. 3352]]

        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;

[[Page 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;

[[Page 119 STAT. 3354]]

                    (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) <<NOTE: Deadline.>> 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

[[Page 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.

[[Page 119 STAT. 3356]]

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).

[[Page 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.

[[Page 119 STAT. 3358]]

                    (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.

[[Page 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. <<NOTE: 10 USC 1073 note.>> 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.

[[Page 119 STAT. 3360]]

                        Subtitle E--Other Matters

SEC. 741. <<NOTE: 10 USC 1071 note.>> 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. <<NOTE: 10 USC 1071 note.>> 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) <<NOTE: 10 USC 1074 note.>> 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. <<NOTE: 10 USC 129c note.>> 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. <<NOTE: Effective 
        date.>> Such a certification may not be submitted before June 1, 
        2006.

[[Page 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.

[[Page 119 STAT. 3362]]

            (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. <<NOTE: 10 USC 1074 note.>> 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.

[[Page 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 DEFENSE-DEPARTMENT 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.

[[Page 119 STAT. 3364]]

            (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. <<NOTE: 10 USC 801 note.>> 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

[[Page 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.

[[Page 119 STAT. 3366]]

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:

``Sec. 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,

[[Page 119 STAT. 3367]]

but for such a waiver, the Department would be unable to meet critical 
national security objectives. <<NOTE: Deadline.>> 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

[[Page 119 STAT. 3368]]

                          ``(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

[[Page 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

[[Page 119 STAT. 3370]]

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) <<NOTE: 10 USC 2433 note.>> 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:

[[Page 119 STAT. 3371]]

``Sec. 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) <<NOTE: 10 USC 2379 note.>> 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.

[[Page 119 STAT. 3372]]

            (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.

[[Page 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 lower-tier 
        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. <<NOTE: 10 USC 2302 note.>> 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.

[[Page 119 STAT. 3374]]

              Subtitle B--Acquisition Policy and Management

SEC. 811. <<NOTE: 10 USC 2304 note.>> INTERNAL CONTROLS FOR PROCUREMENTS 
            ON BEHALF OF THE DEPARTMENT OF DEFENSE.

    (a) Inspector General Reviews and Determinations.--
            (1) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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 non-defense 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) <<NOTE: Contracts.>> Memoranda of Understanding Between 
Inspectors General.--
            (1) <<NOTE: Deadline.>> In general.--Not later than 60 days 
        after the date of the enactment of this Act, the Inspector 
        General of the

[[Page 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) <<NOTE: Deadline.>> 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

[[Page 119 STAT. 3376]]

        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) <<NOTE: Notification.>> notify the Secretary of Defense 
        of that determination.

    (g) Identification of Procurements Made During a Particular 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:

``Sec. 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--

[[Page 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;

[[Page 119 STAT. 3378]]

            ``(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 performance-
        based 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) <<NOTE: 10 USC 2330 note.>> Phased Implementation.--The 
requirements of section 2330 of title 10, United States Code (as added 
by subsection (a)), shall be implemented as follows:
            (1) <<NOTE: Deadlines.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Deadlines.>> 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

[[Page 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

[[Page 119 STAT. 3380]]

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

[[Page 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) <<NOTE: Certification.>> 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) <<NOTE: Reports.>> 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).''.

[[Page 119 STAT. 3382]]

    (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 `lease-
purchase' 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:

``Sec. 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. <<NOTE: 10 USC 2305 note.>> 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. <<NOTE: 10 USC 2302 note.>> JOINT POLICY ON CONTINGENCY 
            CONTRACTING.

    (a) Joint Policy.--

[[Page 119 STAT. 3383]]

            (1) <<NOTE: Deadline.>> 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

[[Page 119 STAT. 3384]]

                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:

[[Page 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. <<NOTE: 10 USC 2305 note.>> 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

[[Page 119 STAT. 3386]]

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) <<NOTE: 41 USC 433 note.>> is amended by 
        striking subsection (c).

    (c) <<NOTE: 41 USC 433 note.>> 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) <<NOTE: 41 USC 433 note.>> 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''.

[[Page 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) <<NOTE: Notification. Deadline.>> 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''.

[[Page 119 STAT. 3388]]

      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. <<NOTE: 10 USC 2533a note.>> 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) <<NOTE: Deadline.>> 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)''.

[[Page 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) <<NOTE: Deadline.>> 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

[[Page 119 STAT. 3390]]

                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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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''.

[[Page 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. 15 USC 632 note.>> 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. <<NOTE: 41 USC 438.>> 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.

[[Page 119 STAT. 3392]]

            ``(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) <<NOTE: 41 USC 607 note.>> 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) <<NOTE: 41 USC 607 note.>> 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

[[Page 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

[[Page 119 STAT. 3394]]

                      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) <<NOTE: Establishment.>> 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. <<NOTE: Applicability.>> 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) <<NOTE: 41 USC 607 note.>> 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

[[Page 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) <<NOTE: 5 USC 5372a note.>> 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) <<NOTE: 41 USC 46 note.>> 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 Javits-Wagner-
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) <<NOTE: 41 USC 46 note.>> 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.

[[Page 119 STAT. 3396]]

    (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.

[[Page 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:

[[Page 119 STAT. 3398]]

``Sec. 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).''.

[[Page 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 <<NOTE: 10 USC 113 note.>> (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. <<NOTE: 10 USC 144 note.>> 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.

[[Page 119 STAT. 3400]]

                    (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:

``Sec. 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) <<NOTE: Applicability.>> 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:

``Sec. 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,

[[Page 119 STAT. 3401]]

and shall exercise such powers regarding those programs, as the 
Secretary of the Army may prescribe.
    ``(2) <<NOTE: Applicability.>> 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:

``Sec. 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) <<NOTE: Applicability.>> 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:

``Sec. 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.

[[Page 119 STAT. 3402]]

    ``(2) <<NOTE: Applicability.>> 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) <<NOTE: Deadline.>> 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)--

[[Page 119 STAT. 3403]]

                    (A) in the subsection heading, by inserting ``and 
                Audiovisual 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--

[[Page 119 STAT. 3404]]

                    (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

[[Page 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) <<NOTE: Deadline. Reports.>> 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. <<NOTE: 10 USC 2271 note.>> 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) <<NOTE: Deadlines.>> 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):

[[Page 119 STAT. 3406]]

                    (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 
                mid-2005 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

[[Page 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).

[[Page 119 STAT. 3408]]

SEC. 913. OPERATIONALLY RESPONSIVE SPACE.

    (a) <<NOTE: 10 USC 2273a note.>> Joint Operationally Responsive 
Space Payload Technology Organization.--
            (1) <<NOTE: Establishment.>> 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) <<NOTE: Contracts.>> 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

[[Page 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.

[[Page 119 STAT. 3410]]

            (2) Continued development of human spaceflight in low-Earth 
        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) <<NOTE: 50 USC 1521 note.>> 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.

[[Page 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, Defense-wide 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) <<NOTE: Colorado.>> Pueblo Army Depot, Colorado.
            (2) <<NOTE: Kentucky.>> 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. <<NOTE: 50 USC 403-5 note.>> 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 open-
        source 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 open-
        source intelligence is produced without the use of sensitive 
        sources and methods. Open-source intelligence products can

[[Page 119 STAT. 3412]]

        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 open-source 
        intelligence into the Defense intelligence process. The strategy 
        shall be known as the ``Defense Strategy for Open-Source 
        Intelligence''. The strategy shall be incorporated within the 
        larger Defense intelligence strategy.
            (2) <<NOTE: Reports. Deadline.>> 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 
        future-years defense program for the development of a robust 
        open-source 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

[[Page 119 STAT. 3413]]

                    (B) open-source intelligence guidance for Department 
                of Defense intelligence personnel.
            (7) A plan to incorporate the function of oversight of open-
        source 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. <<NOTE: Classified information.>> 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. <<NOTE: 50 USC 432c.>> (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

[[Page 119 STAT. 3414]]

        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.

[[Page 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.

[[Page 119 STAT. 3416]]

            ``(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.''.

[[Page 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.

[[Page 119 STAT. 3418]]

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

[[Page 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

[[Page 119 STAT. 3420]]

                    (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

[[Page 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 common-funded 
budgets of NATO may be any amount up to, but not in excess of, the 
amount specified in subsection (b) (rather than the maximum amount that 
would otherwise be applicable to those contributions under the fiscal 
year 1998 baseline limitation).
    (b) Total Amount.--The amount of the limitation applicable under 
subsection (a) is the sum of the following:
            (1) The amounts of unexpended balances, as of the end of 
        fiscal year 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.

[[Page 119 STAT. 3422]]

                 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) <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> 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).

[[Page 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) <<NOTE: Applicability.>> 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) <<NOTE: Virginia.>> 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) <<NOTE: California.>> 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 Emergency.--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) <<NOTE: Maryland.>> 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

[[Page 119 STAT. 3424]]

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

[[Page 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. <<NOTE: Hawaii. 16 USC 431 note.>> ESTABLISHMENT OF THE USS 
            OKLAHOMA MEMORIAL AND OTHER MEMORIALS AT PEARL HARBOR.

    (a) <<NOTE: Deadline.>> 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. <<NOTE: Certification.>> 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

[[Page 119 STAT. 3426]]

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) <<NOTE: Applicability.>> 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

[[Page 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. <<NOTE: 10 USC 371 note.>> 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 counter-drug 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

[[Page 119 STAT. 3428]]

            (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

[[Page 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

[[Page 119 STAT. 3430]]

        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

[[Page 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''. <<NOTE: Contracts.>> 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.

[[Page 119 STAT. 3432]]

                    (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.

[[Page 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) <<NOTE: Deadlines.>> 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.

[[Page 119 STAT. 3434]]

SEC. 1052. <<NOTE: 50 USC 2301 note.>> 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:

[[Page 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.

[[Page 119 STAT. 3436]]

            ``(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:

``Sec. 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--

[[Page 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.

[[Page 119 STAT. 3438]]

    ``(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 anti-
        countermeasures.
            ``(3) Developmental research on polygraph techniques, 
        instrumentation, and analytic methods.''.

    (b) Effective Date; Implementation.--The <<NOTE: 10 USC 1564a 
note.>> 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. <<NOTE: 10 USC 113 note.>> 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.''.

[[Page 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',

[[Page 119 STAT. 3440]]

        `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 <<NOTE: 10 USC 2192 note.>> 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) <<NOTE: 10 USC 2302 
        note.>> 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 <<NOTE: 10 USC 
        3702.>> 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.

[[Page 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''.

[[Page 119 STAT. 3442]]

            (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 <<NOTE: 5 USC 301 note.>> 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 <<NOTE: 5 USC 301 note.>> 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--

[[Page 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) <<NOTE: Reports.>> 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. <<NOTE: 8 USC 1101 note.>> 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

[[Page 119 STAT. 3444]]

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''.

[[Page 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

[[Page 119 STAT. 3446]]

        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. <<NOTE: 10 USC 113 note.>> 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

[[Page 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''.

[[Page 119 STAT. 3448]]

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

[[Page 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:

[[Page 119 STAT. 3450]]

``Sec. 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 <<NOTE: 10 USC 2192a note.>> 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

[[Page 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 <<NOTE: 5 USC 2108 
note.>> 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:

``Sec. 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).

[[Page 119 STAT. 3452]]

    ``(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. <<NOTE: 10 USC prec. 1580 note.>> STRATEGIC HUMAN CAPITAL 
            PLAN FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

    (a) Plan Required.--(1) Not <<NOTE: Deadline.>> 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.

[[Page 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline. Reports.>> 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.

[[Page 119 STAT. 3454]]

    (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. <<NOTE: 50 USC 403-1b note.>> 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 cross-servicing 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.

[[Page 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.

[[Page 119 STAT. 3456]]

            (2) Modifications.--If the <<NOTE: Records.>> 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

[[Page 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.

[[Page 119 STAT. 3458]]

                    (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

[[Page 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) <<NOTE: Reports.>> shall submit to those committees 
        quarterly reports on the use of the authority under this 
        section.

[[Page 119 STAT. 3460]]

SEC. 1209. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE 
            SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ AND 
            AFGHANISTAN.

    (a) Authority.--The <<NOTE: President.>> 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).

[[Page 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. <<NOTE: 10 USC 2302 note.>> 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

[[Page 119 STAT. 3462]]

        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. <<NOTE: 10 USC 113 note.>> WAR-RELATED REPORTING 
            REQUIREMENTS.

    (a) Report Required for Operation Iraqi Freedom, Operation 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 end-item 
        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

[[Page 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. <<NOTE: 10 USC 113 note.>> ANNUAL REPORT ON DEPARTMENT OF 
            DEFENSE COSTS TO CARRY OUT UNITED NATIONS RESOLUTIONS.

    (a) Requirement for Annual Report.--

[[Page 119 STAT. 3464]]

            (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. <<NOTE: Germany. Libya.>> 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

[[Page 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. <<NOTE: United States Policy in Iraq Act. 50 USC 1541 
            note.>> 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

[[Page 119 STAT. 3466]]

        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 
                broad-based and sustainable political settlement.
                    (C) Strengthening the capacity of Iraq's government 
                ministries.
                    (D) Accelerating the delivery of basic services.

[[Page 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 
        Multi-National 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:

``Sec. 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.

[[Page 119 STAT. 3468]]

    ``(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. <<NOTE: 50 USC 1512 note.>> 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;

[[Page 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. <<NOTE: 10 USC 113 note.>> 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.

[[Page 119 STAT. 3470]]

    (b) Analysis of Alternatives to Basing or Operating Locations.--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 States-China 
        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;

[[Page 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.

[[Page 119 STAT. 3472]]

            (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.

[[Page 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 <<NOTE: Notification.>> 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.

[[Page 119 STAT. 3474]]

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) <<NOTE: 22 USC 5952.>> by redesignating subsection (e) 
        as subsection (c).

SEC. 1304. <<NOTE: President.>> REPORT ON ELIMINATION OF IMPEDIMENTS TO 
            THREAT-REDUCTION 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. <<NOTE: 22 USC 5959.>> 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 <<NOTE: Detainee Treatment Act of 2005.>> 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. <<NOTE: 42 USC 2000dd note.>> SHORT TITLE.

    This title may be cited as the ``Detainee Treatment Act of 2005''.

[[Page 119 STAT. 3475]]

SEC. 1402. <<NOTE: 10 USC 801 note.>> 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. <<NOTE: 42 USC 2000dd.>> 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. <<NOTE: 42 USC 2000dd-1.>> 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

[[Page 119 STAT. 3476]]

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. <<NOTE: 10 USC 801 note.>> 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 <<NOTE: Deadline. Reports.>> 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.--

[[Page 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

[[Page 119 STAT. 3478]]

                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

[[Page 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 <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 801 note.>> 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.

[[Page 119 STAT. 3480]]

            (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 <<NOTE: Deadline. Reports.>> 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.

[[Page 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:

[[Page 119 STAT. 3482]]

            (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 
        appropriated 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.

[[Page 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.

[[Page 119 STAT. 3484]]

            (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.

[[Page 119 STAT. 3485]]

DIVISION B--MILITARY <<NOTE: Military Construction Authorization Act for 
Fiscal Year 2006.>> 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

[[Page 119 STAT. 3486]]

 
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

[[Page 119 STAT. 3487]]

 
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

[[Page 119 STAT. 3488]]

        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

[[Page 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

[[Page 119 STAT. 3490]]

 
                                                 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               $78,788,000
                                                  Shipyard.
                                                 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
----------------------------------------------------------------------------------------------------------------

[[Page 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.

[[Page 119 STAT. 3492]]

            (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

[[Page 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

[[Page 119 STAT. 3494]]

or locations inside the United States, and in the amounts, set forth in 
the following table:

                   Air Force: Inside the United States
------------------------------------------------------------------------
                                   Installation or
            State                      Location              Amount
------------------------------------------------------------------------
Alabama......................  Maxwell Air Force Base.       $14,900,000
Alaska.......................  Clear Air Force Base...       $20,000,000
                               Elmendorf Air Force           $84,820,000
                                Base.
Arizona......................  Davis-Monthan Air Force        $8,600,000
                                Base.
                               Luke Air Force Base....       $13,000,000
Arkansas.....................  Little Rock Air Force          $8,900,000
                                Base.
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          $16,845,000
                                Base.
Colorado.....................  Buckley Air Force Base.       $20,100,000
                               Peterson Air Force Base       $25,500,000
                               United States Air Force       $13,000,000
                                Academy.
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        $9,835,000
                                Base.
Louisiana....................  Barksdale Air Force           $10,800,000
                                Base.
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           $13,500,000
                                Base.
Nebraska.....................  Offutt Air Force Base..       $63,080,000
Nevada.......................  Indian Springs                $60,724,000
                                Auxiliary Field.
                               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           $15,000,000
                                Base.
North Dakota.................  Minot Air Force Base...        $8,700,000
Ohio.........................  Wright Patterson Air          $32,620,000
                                Force Base.
Oklahoma.....................  Tinker Air Force Base..       $31,960,000
                                Vance Air Force Base..       $14,000,000
South Carolina...............  Charleston Air Force           $2,583,000
                                Base.
                               Shaw Air Force Base....       $16,030,000
South Dakota.................   Ellsworth Air Force           $8,400,000
                                Base.
Texas........................  Goodfellow Air Force           $4,300,000
                                Base.
                               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           $8,200,000
                                Base.
------------------------------------------------------------------------

    (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:

[[Page 119 STAT. 3495]]

                  Air Force: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      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              $5,125,000
                                  Lakenheath.
                                 Royal Air Force             $13,500,000
                                  Mildenhall.
------------------------------------------------------------------------

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

[[Page 119 STAT. 3496]]

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:

[[Page 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          $28,350,000
                               Center, Coronado.
Florida.....................  Hurlburt Field............      $6,500,000
                              Eglin Air Force Base......     $12,800,000
Georgia.....................  Fort Stewart/Hunter Army       $10,000,000
                               Air Field.
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

[[Page 119 STAT. 3498]]

 
                                               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
------------------------------------------------------------------------

[[Page 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

[[Page 119 STAT. 3500]]

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) <<NOTE: Reports.>> 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.

[[Page 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

[[Page 119 STAT. 3502]]

        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       $15,906,000
                                    units).
                                   Family housing office        $597,000
Keesler Air Force Base,            Family housing (117       $16,505,000
 Mississippi.                       units).
Randolph Air Force Base, Texas...  Family housing (112       $14,311,000
                                    units).
                                   Housing maintenance          $447,000
                                    facility.
------------------------------------------------------------------------

          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
------------------------------------------------------------------------

[[Page 119 STAT. 3503]]

           Air Force: Extension of 2002 Project Authorization
------------------------------------------------------------------------
     Installation or Location             Project             Amount
------------------------------------------------------------------------
Barksdale Air Force Base,          Family housing (56         $7,300,000
 Louisiana.                         units).
------------------------------------------------------------------------

                    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.

[[Page 119 STAT. 3504]]

                      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''.

[[Page 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.

[[Page 119 STAT. 3506]]

            ``(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) <<NOTE: Deadline.>> 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 <<NOTE: Deadline. 10 USC 2851 
note.>> 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:

[[Page 119 STAT. 3507]]

``Sec. 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 <<NOTE: 10 USC 2881 
note.>> 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'';

[[Page 119 STAT. 3508]]

                    (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 <<NOTE: 10 USC 18240 
note.>> 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

[[Page 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. <<NOTE: Procedures.>> The 
Secretary

[[Page 119 STAT. 3510]]

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.

[[Page 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:

``Sec. 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

[[Page 119 STAT. 3512]]

                    (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 Limita-
                tions.--'' 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:

``Sec. 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:

[[Page 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

[[Page 119 STAT. 3514]]

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. <<NOTE: Contracts.>> 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

[[Page 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 life-cycle 
        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

[[Page 119 STAT. 3516]]

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

[[Page 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline. Reports.>> 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

[[Page 119 STAT. 3518]]

        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

[[Page 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 <<NOTE: 10 USC 
        2687 note.>> 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 <<NOTE: 10 USC 2687 note.>> 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

[[Page 119 STAT. 3520]]

                    ``(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

[[Page 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 <<NOTE: Reports.>> 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. <<NOTE: 10 USC 2687 note.>> 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

[[Page 119 STAT. 3522]]

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

[[Page 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 cost-free 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. <<NOTE: Records.>> 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.

[[Page 119 STAT. 3524]]

            (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 <<NOTE: Survey.>> 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 <<NOTE: Survey.>> 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

[[Page 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. <<NOTE: Records.>> 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 <<NOTE: Survey.>> 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):

[[Page 119 STAT. 3526]]

    ``(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 <<NOTE: Surveys.>> exact acreage 
and legal description of the real property to be exchanged under this 
section shall be determined by surveys satisfactory to the Secretary.

[[Page 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

[[Page 119 STAT. 3528]]

        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 <<NOTE: Survey.>> 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 <<NOTE: Records.>> 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

[[Page 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 <<NOTE: Survey.>> 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).

[[Page 119 STAT. 3530]]

            (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:

[[Page 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 <<NOTE: Reports.>> 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.

[[Page 119 STAT. 3532]]

    (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.

[[Page 119 STAT. 3533]]

    (e) Description of Property.--The <<NOTE: Survey.>> 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 <<NOTE: Survey.>> 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 <<NOTE: Deadline.>> 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.

[[Page 119 STAT. 3534]]

    (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 <<NOTE: Survey.>> 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. <<NOTE: Mississippi.>> TRANSFER OF EXCESS DEPARTMENT OF 
            DEFENSE PROPERTY ON SANTA ROSA AND OKALOOSA ISLAND, FLORIDA, 
            TO GULF ISLANDS NATIONAL SEASHORE.

    (a) Findings.--Congress <<NOTE: 16 USC 459h-6 note.>> 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.''.

[[Page 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), <<NOTE: 16 USC 
431 note.>> 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 <<NOTE: Deadline.>> 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--

[[Page 119 STAT. 3536]]

                    (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. <<NOTE: Australia.>> 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.

[[Page 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.

[[Page 119 STAT. 3538]]

                          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.

[[Page 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. <<NOTE: 50 USC 2524a.>> 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

[[Page 119 STAT. 3540]]

        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. <<NOTE: Colorado.>> 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.--

[[Page 119 STAT. 3541]]

            (1) In general.--Not <<NOTE: Deadline.>> 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

[[Page 119 STAT. 3542]]

                                    (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).

[[Page 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--

[[Page 119 STAT. 3544]]

            (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.

[[Page 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 <<NOTE: Notification.>> 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. <<NOTE: Effective date.>> 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

[[Page 119 STAT. 3546]]

(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. <<NOTE: 50 USC 98d note.>> 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. <<NOTE: 50 USC 98d note.>> 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 <<NOTE: Deadline.>> 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.

[[Page 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''.

[[Page 119 STAT. 3548]]

    (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) <<NOTE: Applicability.>> 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;

[[Page 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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

[[Page 119 STAT. 3550]]

                          ``(iv) that the Secretary commits such funds 
                      to the contractor for such reimbursement, if such 
                      funds are available for that purpose.
                    ``(B) <<NOTE: Deadline.>> 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 <<NOTE: Deadlines.>> 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) <<NOTE: Public comments.>> 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 <<NOTE: Public 
        comments.>> interim rules are issued, the Secretary shall 
        solicit comments on the interim rules from the public and other 
        interested persons. <<NOTE: Deadline.>> Such period for comment 
        shall not be less than 90 days. <<NOTE: Expiration date.>> 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

[[Page 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. <<NOTE: Records.>> 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 <<NOTE: Publication. Deadline.>> 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;

[[Page 119 STAT. 3552]]

                    ``(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

[[Page 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. <<NOTE: Grants. Loans. 46 USC app. 1249.>> 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.

[[Page 119 STAT. 3554]]

                    (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.

[[Page 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) <<NOTE: 46 USC app. 1271.>> section 1101(c), 
                (f), and (g);
                    (B) <<NOTE: 46 USC app. 1272.>> section 1102;
                    (C) <<NOTE: 46 USC app. 1273.>> section 1103(a), 
                (b), (c), (e), (g), and (h);
                    (D) <<NOTE: 46 USC app. 1274.>> 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) <<NOTE: 46 USC app. 1274a.>> section 1104B;
                    (F) <<NOTE: 46 USC app. 1275.>> 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)), <<NOTE: 46 USC app. 1279a, 
                1279b, 1279f.>> 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) <<NOTE: 46 USC app. 1279c.>> section 1110 each 
                place it appears except the first and fourth places it 
                appears in subsection (b);
                    (I) <<NOTE: 46 USC app. 1279d.>> section 1111(a) and 
                (b)(2) each place it appears;
                    (J) section 1111(b)(4) each place it appears except 
                the first; and
                    (K) <<NOTE: 46 USC app. 1279e.>> 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.''.

[[Page 119 STAT. 3556]]

            (2) Section 1103(j) of such Act (46 U.S.C. App. 1273(j)) is 
        amended by adding at the end the following:

``The <<NOTE: Deadline.>> 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) <<NOTE: 46 USC app. 1274.>> 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) <<NOTE: 46 USC app. 1274.>> 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) <<NOTE: 46 USC app. 1274.>> 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) <<NOTE: 46 USC app. 1274.>> 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) <<NOTE: 46 USC app. 1279d.>> 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) <<NOTE: 46 USC app. 1280.>> 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''.

[[Page 119 STAT. 3557]]

            (4) <<NOTE: Repeal.>> 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 <<NOTE: 46 USC app. 1279f, 1279g.>> 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 <<NOTE: Ante, p. 1926.>> striking ``section 
5309(m)(1)(C)'' and inserting ``paragraphs (1)(C) and (2)(C) of section 
5309(m)''.

    (b) Intermodal Surface Freight Transfer Facility Eligibility.--
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.

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.

                                  <all>
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