II 

Calendar No. 103

109TH CONGRESS 

1ST SESSION S. 1043

To authorize appropriations for fiscal year 2006 for military activities of 

the Department of Defense, to prescribe personnel strengths for such 

fiscal year for the Armed Forces, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2005

Mr. WARNER, from the Committee on Armed Forces, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL

To authorize appropriations for fiscal year 2006 for military 

activities of the Department of Defense, to prescribe 

personnel strengths for such fiscal year for the Armed 

Forces, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Defense 

5 Authorization Act for Fiscal Year 2006’’. 
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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Congressional defense committees defined. 

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 AH–64D Apache attack helicopter block II conversions. 

Sec. 112. Multiyear procurement authority for modernized target acquisition 

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

Sec. 113. Multiyear procurement authority for utility helicopters. 

Subtitle C—Navy Programs 

Sec. 121. Prohibition on acquisition of next generation destroyer (DD(X)) 

through a single naval shipyard. 

Sec. 122. Split funding authorization for CVN–78 aircraft carrier. 

Sec. 123. LHA replacement (LHA(R)) ship. 

Sec. 124. Refueling and complex overhaul of the U.S.S. Carl Vinson. 

Subtitle D—Air Force Programs 

Sec. 131. Multiyear procurement authority for C–17 aircraft. 

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

Sec. 133. Use of Tanker Replacement Transfer Fund for modernization of aerial refueling tankers. 

Sec. 134. Prohibition on retirement of F–117 aircraft. 

Sec. 135. Prohibition on retirement of C–130E/H tactical airlift aircraft. 

Sec. 136. Procurement of C–130J/KC–130J aircraft after fiscal year 2005. 

Sec. 137. Aircraft for performance of aeromedical evacuations. 

Subtitle E—Defense-Wide Programs 

Sec. 151. 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 science and technology. 
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Subtitle B—Program Requirements, Restrictions, and 

Limitations 

Sec. 211. Contract for the procurement of the Future Combat System (FCS). 

Sec. 212. Joint field experiment on stability and support operations. 

Subtitle C—Missile Defense Programs 

Sec. 221. One-year extension of Comptroller General assessments of ballistic 

missile defense programs. 

Sec. 222. Fielding of ballistic missile defense capabilities. 

Sec. 223. 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. 231. Research and development. 

Sec. 232. Transition of transformational manufacturing processes and technologies to the defense manufacturing base. 

Sec. 233. Manufacturing technology strategies. 

Sec. 234. Report. 

Sec. 235. Definitions. 

Subtitle E—Other Matters 

Sec. 241. Expansion of eligibility for leadership of Department of Defense Test 

Resource Management Center. 

Sec. 242. Technology transition. 

Sec. 243. Prevention, mitigation, and treatment of blast injuries. 

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 the Defense Environmental Restoration Program. 

Subtitle C—Other Matters 

Sec. 321. Aircraft carriers. 

Sec. 322. Limitation on transition of funding for East Coast shipyards from 

funding through Navy Working Capital Fund to direct funding. 

Sec. 323. Use of funds from National Defense Sealift Fund to exercise purchase options on maritime prepositioning ship vessels. 

Sec. 324. Purchase and destruction of weapons overseas. 

Sec. 325. Increase in maximum contract amount for procurement of supplies 

and services from exchange stores outside the United States. 
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Sec. 326. Extension of authority to provide logistics support and services for 

weapon systems contractors. 

Sec. 327. Army training strategy. 

Sec. 328. Limitation on financial management improvement and audit initiatives within the Department of Defense. 

Sec. 329. Study on use of ethanol fuel. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision of permanent active duty end strength minimum levels. 

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 limitations on non-dual status technicians. 

Subtitle C—Authorizations of Appropriations 

Sec. 421. Authorization of appropriations for military personnel. 

Sec. 422. Armed Forces Retirement Home. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Exclusion of general and flag officers on leave pending separation or 

retirement from computation of active duty officers for general 

and flag officer distribution and strength limitations. 

Sec. 502. Expansion of joint duty assignments for reserve component general 

and flag officers. 

Sec. 503. Deadline for receipt by promotion selection boards of correspondence 

from eligible officers. 

Sec. 504. Furnishing to promotion selection boards of adverse information on 

officers eligible for promotion to certain senior grades. 

Sec. 505. Grades of the Judge Advocates General. 

Sec. 506. Temporary extension of authority to reduce minimum length of commissioned service for voluntary retirement as an officer. 

Sec. 507. Modification of strength in grade limitations applicable to reserve flag 

officers in active status. 

Sec. 508. Uniform authority for deferment of separation of reserve general and 

flag officers for age. 

Subtitle B—Enlisted Personnel Policy 

Sec. 521. Uniform citizenship or residency requirements for enlistment in the 

Armed Forces. 

Subtitle C—Reserve Component Personnel Matters 

Sec. 531. Requirements for physical examinations and medical and dental readiness for members of the Selected Reserve not on active duty. 

Sec. 532. Repeal of limitation on amount of financial assistance under Reserve 

Officers’ Training Corps scholarship program. 
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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. Increase in maximum number of Army Reserve and Army National 

Guard cadets under Reserve Officers’ Training Corps. 

Sec. 535. Modification of educational assistance for Reserves supporting contingency and other operations. 

Sec. 536. Repeal of limitation on authority to redesignate the Naval Reserve as 

the Navy Reserve. 

Sec. 537. Performance by reserve component personnel of operational test and 

evaluation and training relating to new equipment. 

Subtitle D—Military Justice and Related Matters 

Sec. 551. Modification of periods of prosecution by courts-martial for murder, 

rape, and child abuse. 

Sec. 552. Establishment of offense of stalking. 

Sec. 553. Clarification of authority of military legal assistance counsel. 

Sec. 554. Administrative censures of members of the Armed Forces. 

Sec. 555. Reports by officers and senior enlisted personnel of matters relating 

to violations or alleged violations of criminal law. 

Subtitle E—Military Service Academies 

Sec. 561. Authority to retain permanent military professors at the Naval Academy after more than 30 years of service. 

Subtitle F—Administrative Matters 

Sec. 571. Clarification of leave accrual for members assigned to a deployable 

ship or mobile unit or other duty. 

Sec. 572. Limitation on conversion of military medical and dental billets to civilian positions. 

Subtitle G—Defense Dependents Education Matters 

Sec. 581. Expansion of authorized enrollment in Department of Defense dependents schools overseas. 

Sec. 582. Assistance to local educational agencies with significant enrollment 

increases in military dependent students due to troop relocations, creation of new units, and realignments under BRAC. 

Sec. 583. Assistance to local educational agencies that benefit dependents of 

members of the Armed Forces and Department of Defense civilian employees. 

Sec. 584. Impact aid for children with severe disabilities. 

Subtitle H—Other Matters 

Sec. 591. Policy and procedures on casualty assistance to survivors of military 

decedents. 

Sec. 592. Modification and enhancement of mission and authorities of the 

Naval Postgraduate School. 

Sec. 593. Expansion and enhancement of authority to present recognition items 

for recruitment and retention purposes. 

Sec. 594. Requirement for regulations on policies and procedures on personal 

commercial solicitations on Department of Defense installations. 
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Sec. 595. Federal assistance for State programs under the National Guard 

Youth Challenge Program. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL 

BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Eligibility for additional pay of permanent military professors at the 

United States Naval Academy with over 36 years of service. 

Sec. 602. Enhanced authority for agency contributions for members of the 

Armed Forces participating in the Thrift Savings Plan. 

Sec. 603. Permanent authority for supplemental subsistence allowance for lowincome members with dependents. 

Sec. 604. Modification of pay considered as saved pay upon appointment of an 

enlisted member as an officer. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for 

Reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for 

certain health care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear 

officers. 

Sec. 614. One-year extension of other bonus and special pay authorities. 

Sec. 615. Payment and repayment of assignment incentive pay. 

Sec. 616. Increase in amount of selective reenlistment bonus for certain senior 

supervisory nuclear qualified enlisted personnel. 

Sec. 617. Consolidation and modification of bonuses for affiliation or enlistment 

in the Selected Reserve. 

Sec. 618. Expansion and enhancement of special pay for enlisted members of 

the Selected Reserve assigned to certain high priority units. 

Sec. 619. Retention incentive bonus for members of the Selected Reserve qualified in a critical military skill or specialty. 

Sec. 620. Termination of limitation on duration of payment of imminent danger 

special pay during hospitalization. 

Sec. 621. Authority for retroactive payment of imminent danger special pay. 

Sec. 622. Authority to pay foreign language proficiency pay to members on active duty as a bonus. 

Sec. 623. Incentive bonus for transfer between the Armed Forces. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Transportation of family members in connection with the repatriation 

of servicemembers or civilian employees held captive. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Enhancement of death gratuity and life insurance benefits for deaths 

from combat-related causes or causes incurred in combat operations or areas. 

Subtitle E—Other Matters 

Sec. 651. Payment of expenses of members of the Armed Forces to obtain professional credentials. 
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Sec. 652. Pilot program on contributions to Thrift Savings Plan for initial enlistees in the Armed Forces. 

TITLE VII—HEALTH CARE 

Subtitle A—Benefits Matters 

Sec. 701. Clarification of eligibility of reserve officers for health care pending 

active duty following issuance of orders to active duty. 

Sec. 702. Limitation on deductible and copayment requirements for nursing 

home residents under the pharmacy benefits program. 

Sec. 703. Eligibility of surviving active duty spouses of deceased members for 

enrollment as dependents in a TRICARE dental plan. 

Sec. 704. 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. 

Subtitle B—Planning, Programming, and Management 

Sec. 711. TRICARE Standard coordinators in TRICARE regional offices. 

Sec. 712. Report on delivery of health care benefits through military health 

care system. 

Sec. 713. Comptroller General report on differential payments to children’s hospitals for health care for children dependents under TRICARE. 

Sec. 714. Repeal of requirement for Comptroller General reviews of certain Department of Defense-Department of Veterans Affairs projects 

on sharing of health care resources. 

Sec. 715. Surveys on TRICARE Standard. 

Sec. 716. Modification of health care quality information and technology enhancement report requirements. 

Sec. 717. Modification of authorities relating to patient care reporting and 

management system. 

Subtitle C—Other Matters 

Sec. 731. Report on adverse health events associated with use of anti-malarial 

drugs. 

Sec. 732. Pilot projects on early diagnosis and treatment of post traumatic 

stress disorder and other mental health conditions. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION 

MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Internal controls for procurements on behalf of the Department of 

Defense. 

Sec. 802. Contract Support Acquisition Centers. 

Sec. 803. Authority to enter into acquisition and cross-servicing agreements 

with regional organizations of which the United States is not 

a member. 

Sec. 804. Requirement for authorization for procurement of major weapon systems as commercial items. 

Sec. 805. Report on service surcharges for purchases made for military departments through other Department of Defense agencies. 

Sec. 806. Review of defense acquisition structures. 
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Subtitle B—Defense Industrial Base Matters 

Sec. 811. Clarification of exception from Buy American requirements for procurement of perishable food for establishments outside the 

United States. 

Sec. 812. Conditional waiver of domestic source or content requirements for 

certain countries with reciprocal defense procurement agreements with the United States. 

Sec. 813. Consistency with United States obligations under trade agreements. 

Sec. 814. Identification of areas of research and development effort for purposes of Small Business Innovation Research program. 

Subtitle C—Defense Contractor Matters 

Sec. 821. Requirements for defense contractors relating to certain former Department of Defense officials. 

Sec. 822. Review of certain contractor ethics matters. 

Sec. 823. Contract fraud risk assessment. 

Subtitle D—Defense Acquisition Workforce Matters 

Sec. 831. Availability of funds in Acquisition Workforce Training Fund for defense acquisition workforce improvements. 

Sec. 832. Limitation and reinvestment authority relating to reduction of the defense acquisition and support workforce. 

Sec. 833. Technical amendments relating to defense acquisition workforce improvements. 

Subtitle E—Other Matters 

Sec. 841. Extension of contract goal for small disadvantaged business and certain institutions of higher education. 

Sec. 842. Codification and modification of limitation on modification of military 

equipment within five years of retirement or disposal. 

Sec. 843. Clarification of rapid acquisition authority to respond to combat 

emergencies. 

Sec. 844. Modification of authority to carry out certain prototype projects. 

Sec. 845. Extension of certain authorities on contracting with employers of persons with disabilities. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION 

AND MANAGEMENT 

Subtitle A—Duties and Functions of Department of Defense 

Officers and Organizations 

Sec. 901. Directors of Small Business Programs. 

Sec. 902. Executive agent for acquisition of capabilities to defend the homeland 

against cruise missiles and other low-altitude aircraft. 

Subtitle B—Space Activities 

Sec. 911. Advisory committee on Department of Defense requirements for 

space control. 

Subtitle C—Other Matters 
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Sec. 921. Acceptance of gifts and donations for Department of Defense regional 

centers for security studies. 

Sec. 922. Operational files of the Defense Intelligence Agency. 

Sec. 923. Prohibition on implementation of certain orders and guidance on 

functions and duties of the General Counsel and the Judge Advocate General of the Air Force. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Transfer authority. 

Sec. 1002. Incorporation of Classified Annex. 

Sec. 1003. United States contribution to NATO common-funded budgets in fiscal year 2006. 

Sec. 1004. Reduction in certain authorizations due to savings relating to lower 

inflation. 

Sec. 1005. Authorization of supplemental appropriations for fiscal year 2005. 

Sec. 1006. Increase in fiscal year 2005 transfer authority. 

Sec. 1007. Monthly disbursement to States of State income tax voluntarily 

withheld from retired or retainer pay. 

Sec. 1008. Reestablishment of limitation on payment of facilities charges assessed by Department of State. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1021. Transfer of battleship. 

Sec. 1022. Conveyance of Navy drydock, Jacksonville, Florida. 

Subtitle C—Counterdrug Matters 

Sec. 1031. Use of unmanned aerial vehicles for United States border reconnaissance. 

Sec. 1032. Use of counterdrug funds for certain counterterrorism operations. 

Sec. 1033. Support for counter-drug activities through bases of operation and 

training facilities in Afghanistan. 

Subtitle D—Reports and Studies 

Sec. 1041. Modification of frequency of submittal of Joint Warfighting Science 

and Technology Plan. 

Sec. 1042. Review and assessment of Defense Base Act insurance. 

Sec. 1043. Comptroller General report on corrosion prevention and mitigation 

programs of the Department of Defense. 

Subtitle E—Technical Amendments 

Sec. 1051. Technical amendments relating to certain provisions of environmental defense laws. 

Subtitle F—Military Mail Matters 

Sec. 1061. Safe delivery of mail in the military mail system. 

Sec. 1062. Delivery of mail addressed to any service member. 

Subtitle G—Other Matters 

Sec. 1071. Policy on role of military medical and behavioral science personnel 

in interrogation of detainees. 
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Sec. 1072. Clarification of authority to issue security regulations and orders 

under Internal Security Act of 1950. 

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN 

PERSONNEL POLICY 

Sec. 1101. Extension of authority for voluntary separations in reductions in 

force. 

Sec. 1102. Compensatory time off for nonappropriated fund employees of the 

Department of Defense. 

Sec. 1103. Extension of authority to pay severance payments in lump sums. 

Sec. 1104. Continuation of Federal Employee Health Benefits Program eligibility. 

Sec. 1105. Permanent and enhanced authority for Science, Mathematics, and 

Research for Transformation (SMART) defense education program. 

TITLE XII—MATTERS RELATING TO OTHER NATIONS 

Sec. 1201. Commanders’ Emergency Response Program. 

Sec. 1202. Enhancement and expansion of authority to provide humanitarian 

and civic assistance. 

Sec. 1203. Modification of geographic limitation on payment of personnel expenses under bilateral or regional cooperation programs. 

Sec. 1204. Payment of travel expenses of coalition liaison officers. 

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. Modification of authority to use Cooperative Threat Reduction funds 

outside 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—AUTHORIZATION FOR SUPPLEMENTAL APPROPRIATIONS FOR IRAQ, AFGHANISTAN, AND THE GLOBAL 

WAR ON TERRORISM 

Sec. 1401. Purpose. 

Sec. 1402. Designation as emergency amounts. 

Sec. 1403. Army procurement. 

Sec. 1404. Navy and Marine Corps procurement. 

Sec. 1405. Air Force procurement. 

Sec. 1406. Operation and maintenance. 

Sec. 1407. Defense Health Program. 

Sec. 1408. Military personnel. 

Sec. 1409. Iraq Freedom Fund. 

Sec. 1410. Transfer authority.
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1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code.

5 TITLE I—PROCUREMENT

6 Subtitle A—Authorization of 

7 Appropriations 

8 SEC. 101. ARMY. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2006 for procurement for the Army as follows: 

11 (1) For aircraft, $2,800,880,000. 

12 (2) For missiles, $1,265,850,000. 

13 (3) For weapons and tracked combat vehicles, 

14 $1,692,549,000. 

15 (4) For ammunition, $1,831,672,000. 

16 (5) For other procurement, $4,339,434,000. 

17 SEC. 102. NAVY AND MARINE CORPS. 

18 (a) NAVY.—Funds are hereby authorized to be appro19 priated for fiscal year 2006 for procurement for the Navy 

20 as follows: 

21 (1) For aircraft, $9,946,926,000. 

22 (2) For weapons, including missiles and tor23 pedoes, $2,749,441,000. 

24 (3) For shipbuilding and conversion, 

25 $9,057,865,000. 

26 (4) For other procurement, $5,596,218,000. 
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1 (b) MARINE CORPS.—Funds are hereby authorized to 

2 be appropriated for fiscal year 2006 for procurement for 

3 the Marine Corps in the amount of $1,386,705,000. 

4 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

5 are hereby authorized to be appropriated for fiscal year 

6 2006 for procurement of ammunition for the Navy and 

7 the Marine Corps in the amount of $892,849,000. 

8 SEC. 103. AIR FORCE. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2006 for procurement for the Air Force as fol11 lows: 

12 (1) For aircraft, $13,212,633,000. 

13 (2) For missiles, $5,500,287,000. 

14 (3) For ammunition, $1,031,207,000. 

15 (4) For other procurement, $14,027,889,000. 

16 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2006 for Defense-wide procurement in the 

19 amount of $2,784,832,000.

20 Subtitle B—Army Programs 

21 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH–

22 64D APACHE ATTACK HELICOPTER BLOCK II 

23 CONVERSIONS. 

24 Beginning with the fiscal year 2006 program year, 

25 the Secretary of the Army may, in accordance with section 
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1 2306b of title 10, United States Code, enter into one or 

2 more multiyear contracts for procurement of AH–64D 

3 Apache attack helicopter block II conversions. 

4 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR 

5 MODERNIZED TARGET ACQUISITION DES6 IGNATION/PILOT NIGHT VISION SENSORS 

7 FOR AH–64D APACHE ATTACK HELICOPTERS. 

8 Beginning with the fiscal year 2006 program year, 

9 the Secretary of the Army may, in accordance with section 

10 2306b of title 10, United States Code, enter into one or 

11 more multiyear contracts for procurement of modernized 

12 target acquisition designation/pilot night vision sensors for 

13 AH–64D Apache attack helicopters. 

14 SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR 

15 UTILITY HELICOPTERS. 

16 (a) UH–60M BLACK HAWK HELICOPTERS.—Begin17 ning with the fiscal year 2006 program year, the Secretary 

18 of the Army may, in accordance with section 2306b of title 

19 10, United States Code, enter into one or more multiyear 

20 contracts for the procurement of UH–60M Black Hawk 

21 helicopters. 

22 (b) MH–60S SEAHAWK HELICOPTERS.—Beginning 

23 with the fiscal year 2007 program year, the Secretary of 

24 the Army, acting as executive agent for the Department 

25 of the Navy, may, in accordance with section 2306b of 
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1 title 10, United States Code, enter into one or more 

2 multiyear contracts for the procurement of MH–60S 

3 Seahawk helicopters.

4 Subtitle C—Navy Programs 

5 SEC. 121. PROHIBITION ON ACQUISITION OF NEXT GENERA6 TION DESTROYER (DD(X)) THROUGH A SIN7 GLE NAVAL SHIPYARD. 

8 (a) PROHIBITION.—Destroyers under the next gen9 eration destroyer (DD(X)) program may not be acquired 

10 through a winner-take-all acquisition strategy. 

11 (b) PROHIBITION ON USE OF FUNDS.—No funds au12 thorized to be appropriated by this Act, or any other Act, 

13 may be obligated or expended to prepare for, conduct, or 

14 implement a strategy for the acquisition of destroyers 

15 under the next generation destroyer program through a 

16 winner-take-all acquisition strategy. 

17 (c) WINNER-TAKE-ALL ACQUISITION STRATEGY DE18 FINED.—In this section, the term ‘‘winner-take-all acquisi19 tion strategy’’, with respect to the acquisition of destroyers 

20 under the next generation destroyer program, means the 

21 acquisition (including design and construction) of such de22 stroyers through a single shipyard. 
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1 SEC. 122. SPLIT FUNDING AUTHORIZATION FOR CVN–78 

2 AIRCRAFT CARRIER. 

3 (a) AUTHORITY TO USE SPLIT FUNDING.—The Sec4 retary of the Navy is authorized to fund the detail design 

5 and construction of the aircraft carrier designated CVN–

6 78 using split funding in the Shipbuilding and Conversion, 

7 Navy account in fiscal years 2007, 2008, 2009, and 2010. 

8 (b) CONDITION FOR OUT-YEAR CONTRACT PAY9 MENTS.—A contract entered into for the detail design and 

10 construction of the aircraft carrier designated CVN–78 

11 shall provide that any obligation of the United States to 

12 make a payment under the contract for a fiscal year after 

13 fiscal year 2006 is subject to the availability of appropria14 tions for such fiscal year. 

15 SEC. 123. LHA REPLACEMENT (LHA(R)) SHIP. 

16 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT FOR

17 FISCAL YEAR 2006.—Of the amount authorized to be ap18 propriated by section 102(a)(3) for fiscal year 2006 for 

19 shipbuilding and conversion, Navy, $325,447,000 shall be 

20 available for design, advance procurement, and advance 

21 construction with respect to the LHA Replacement 

22 (LHA(R)) ship. 

23 (b) AMOUNTS AUTHORIZED FROM SCN ACCOUNT

24 FOR FISCAL YEARS 2007 AND 2008.—Amounts author25 ized to be appropriated for fiscal years 2007 and 2008 

26 for shipbuilding and conversion, Navy, shall be available 
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1 for construction with respect to the LHA Replacement 

2 ship. 

3 (c) CONTRACT AUTHORITY.—

4 (1) DESIGN, ADVANCE PROCUREMENT, AND AD5 VANCE CONSTRUCTION.—The Secretary of the Navy 

6 may enter into a contract during fiscal year 2006 

7 for design, advance procurement, and advance con8 struction with respect to the LHA Replacement ship. 

9 (2) DETAIL DESIGN AND CONSTRUCTION.—The 

10 Secretary may enter into a contract during fiscal 

11 year 2007 for the detail design and construction of 

12 the LHA Replacement ship. 

13 (d) CONDITION FOR OUT-YEAR CONTRACT PAY14 MENTS.—A contract entered into under subsection (c) 

15 shall provide that any obligation of the United States to 

16 make a payment under the contract for a fiscal year after 

17 fiscal year 2006 is subject to the availability of appropria18 tions for that purpose for such fiscal year. 

19 SEC. 124. REFUELING AND COMPLEX OVERHAUL OF THE 

20 U.S.S. CARL VINSON. 

21 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—

22 Of the amount authorized to be appropriated by section 

23 102(a)(3) for fiscal year 2006 for shipbuilding and conver24 sion, Navy, $1,493,563,000 shall be available for the com25 mencement of the nuclear refueling and complex overhaul 
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1 of the U.S.S. Carl Vinson (CVN–70). The amount avail2 able under the preceding sentence is the first increment 

3 in the incremental funding planned for the nuclear refuel4 ing and complex overhaul of the U.S.S. Carl Vinson. 

5 (b) CONTRACT AUTHORITY.—The Secretary of the 

6 Navy may enter into a contract during fiscal year 2006 

7 for the nuclear refueling and complex overhaul of the 

8 U.S.S. Carl Vinson. 

9 (c) CONDITION FOR OUT-YEAR CONTRACT PAY10 MENTS.—A contract entered into under subsection (b) 

11 shall provide that any obligation of the United States to 

12 make a payment under the contract for a fiscal year after 

13 fiscal year 2006 is subject to the availability of appropria14 tions for that purpose for such fiscal year.

15 Subtitle D—Air Force Programs 

16 SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C–

17 17 AIRCRAFT. 

18 (a) MULTIYEAR PROCUREMENT AUTHORIZED.—Be19 ginning with the fiscal year 2006 program year, the Sec20 retary of the Air Force may exercise the option on the 

21 existing multiyear procurement contract for C–17 aircraft 

22 in order to enter into a multiyear contract for the procure23 ment of up to 42 additional C–17 aircraft. A contract en24 tered into under this subsection shall be entered into in 
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1 accordance with section 2306b of title 10, United States 

2 Code. 

3 (b) REQUIRED CERTIFICATION.—Prior to the exer4 cise of the authority in subsection (a), the Secretary of 

5 Defense shall certify to the congressional defense commit6 tees that the additional airlift capability to be provided 

7 by the C–17 aircraft to be procured under that authority 

8 is consistent with the results of the Mobility Capabilities 

9 Study to be completed in fiscal year 2005. 

10 SEC. 132. PROHIBITION ON RETIREMENT OF KC–135E AIR11 CRAFT. 

12 The Secretary of the Air Force may not retire any 

13 KC–135E aircraft of the Air Force in fiscal year 2006. 

14 SEC. 133. USE OF TANKER REPLACEMENT TRANSFER FUND 

15 FOR MODERNIZATION OF AERIAL REFUELING 

16 TANKERS. 

17 In addition to providing funds for a tanker acquisi18 tion program as specified in section 8132 of the Depart19 ment of Defense Appropriations Act, 2005 (Public Law 

20 108–287; 118 Stat, 1001), funds in the Tanker Replace21 ment Transfer Fund established by that section may be 

22 used for the modernization of existing aerial refueling 

23 tankers if the modernization of such tankers is consistent 

24 with the results of the analysis of alternatives for meeting 

25 the aerial refueling requirements of the Air Force as re-
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1 quired by section 134(b) of the National Defense Author2 ization Act for Fiscal Year 2004 (Public Law 108–136; 

3 117 Stat. 1413). 

4 SEC. 134. PROHIBITION ON RETIREMENT OF F–117 AIR5 CRAFT. 

6 The Secretary of the Air Force may not retire any 

7 F–117 Nighthawk stealth attack aircraft of the Air Force 

8 in fiscal year 2006. 

9 SEC. 135. PROHIBITION ON RETIREMENT OF C–130E/H TAC10 TICAL AIRLIFT AIRCRAFT. 

11 The Secretary of the Air Force may not retire any 

12 C–130E/H tactical airlift aircraft of the Air Force in fiscal 

13 year 2006. 

14 SEC. 136. PROCUREMENT OF C–130J/KC–130J AIRCRAFT 

15 AFTER FISCAL YEAR 2005. 

16 Any C–130J/KC–130J aircraft procured after fiscal 

17 year 2005 (including C–130J/KC–130J aircraft procured 

18 through a multiyear contract continuing in force from a 

19 fiscal year before fiscal year 2006) shall be procured 

20 through a contract under part 15 of the Federal Acquisi21 tion Regulation (FAR), relating to acquisition of items by 

22 negotiated contract (48 C.F.R. 15.000 et seq.), rather 

23 than through a contract under part 12 of the Federal Ac24 quisition Regulation, relating to acquisition of commercial 

25 items (48 C.F.R. 12.000 et seq.). 
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1 SEC. 137. AIRCRAFT FOR PERFORMANCE OF AEROMEDICAL 

2 EVACUATIONS. 

3 (a) REQUIREMENT TO PROCURE.—The Secretary of 

4 the Air Force shall procure aircraft for the purpose of pro5 viding aeromedical evacuation services to severely injured 

6 or ill personnel. 

7 (b) REQUIRED CAPABILITIES.—The aircraft pro8 cured under subsection (a) shall be capable of providing 

9 nonstop aeromedical evacuations across the Atlantic 

10 Ocean. 

11 (c) EQUIPPING.—Any aircraft procured under sub12 section (a) shall be equipped with current aeromedical 

13 support facilities, including electrical systems, sanitation, 

14 temperature controls, pressurization capacity, safe medical 

15 storage, equipment and medicines for life support and 

16 emergency purposes, food preparation facilities, and such 

17 other facilities as the Secretary considers appropriate for 

18 the provision of aeromedical evacuation services. 

19 (d) DEDICATED MISSION.—Each aircraft procured 

20 and equipped under this section shall be assigned the dedi21 cated mission of providing aeromedical evacuation services 

22 as described in subsection (a). 

23 (e) AVAILABILITY OF FUNDS.—Of the amounts au24 thorized to be appropriated by section 103(1) for aircraft 

25 procurement for the Air Force, $200,000,000 shall be 
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1 available for the procurement and equipping of up to two 

2 aircraft under this section.

3 Subtitle E—Defense-Wide 

4 Programs 

5 SEC. 151. ADVANCED SEAL DELIVERY SYSTEM. 

6 (a) LIMITATION ON AVAILABILITY OF FUNDS FOR

7 ADVANCE PROCUREMENT.—No funds authorized to be ap8 propriated by this Act for fiscal year 2006 for advance 

9 procurement of components for the Advanced SEAL De10 livery System may be obligated or expended for that pur11 pose until 30 days after the date on which the Secretary 

12 of Defense certifies to the congressional defense commit13 tees that the Under Secretary of Defense for Acquisition, 

14 Technology, and Logistics has made a favorable milestone 

15 C decision regarding the Advanced SEAL Delivery Sys16 tem. The certification shall be submitted together with the 

17 comprehensive report on the Advanced SEAL Delivery 

18 System required by subsection (b). 

19 (b) REPORT.—As soon as possible after completion 

20 of the review of the Advanced SEAL Delivery System by 

21 the Defense Acquisition Board, the Secretary shall submit 

22 to the congressional defense committees a report that in23 cludes the following: 

24 (1) The result of the milestone C decision on 

25 the Advanced SEAL Delivery System made by the 
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1 Under Secretary of Defense for Acquisition, Tech2 nology, and Logistics. 

3 (2) Such recommendations as the Secretary 

4 considers appropriate regarding the continuation, re5 structuring, or termination of the Advanced SEAL 

6 Delivery System program, including recommenda7 tions on adjustments to contractual arrangements in 

8 connection with the continuation, restructuring, or 

9 termination of the program. 

10 (3) A detailed summary of the revised cost esti11 mate and future cost estimates for the Advanced 

12 SEAL Delivery System program, which cost esti13 mates shall be validated for purposes of the report 

14 by the Cost Analysis and Improvement Group within 

15 the Office of the Secretary of Defense. 

16 (4) A detailed acquisition strategy for the Ad17 vanced SEAL Delivery System, if the Secretary rec18 ommends the continuation or restructuring of the 

19 Advanced SEAL Delivery System program under 

20 paragraph (2). 

21 (5) A plan to demonstrate realistic strategies 

22 for solving any technical and performance problems 

23 identified during the final operational test and eval24 uation of the Advanced SEAL Delivery System pro25 posed to be conducted during the summer of 2005. 
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1 (c) COMPTROLLER GENERAL REVIEW.—

2 (1) IN GENERAL.—In order to achieve the pur3 poses set forth in paragraph (2), the Comptroller 

4 General of the United States shall—

5 (A) review the adequacy of the final oper6 ational test and evaluation test plan for the Ad7 vanced SEAL Delivery System; 

8 (B) review the results of the operational 

9 test of the Advanced SEAL Delivery System; 

10 and 

11 (C) update the March 2003 Comptroller 

12 General report entitled Defense Acquisition, Ad13 vanced SEAL Delivery System Program Needs 

14 Increased Oversight (GAO–03–442). 

15 (2) PURPOSES.—The purposes of the review 

16 and update under paragraph (1) are as follows: 

17 (A) To examine the progress made toward 

18 meeting operational requirements and technical 

19 challenges with respect to the Advanced SEAL 

20 Delivery System. 

21 (B) To assess the capacity of the Advanced 

22 SEAL Delivery System program to meet sched23 ule and cost projections for that program. 

24 (C) To identify and evaluation any remain25 ing factors that may contribute to potential fu-
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1 ture problems for the Advanced SEAL Delivery 

2 System program. 

3 (3) REPORT.—The Comptroller General shall 

4 submit to the congressional defense committees a re5 port on the activities of the Comptroller General 

6 under paragraph (1) not later than February 1, 

7 2006.

8 TITLE II—RESEARCH, DEVELOP9 MENT, TEST, AND EVALUA10 TION

11 Subtitle A—Authorization of 

12 Appropriations 

13 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2006 for the use of the Department of Defense 

16 for research, development, test, and evaluation as follows: 

17 (1) For the Army, $9,716,824,000. 

18 (2) For the Navy, $18,398,091,000. 

19 (3) For the Air Force, $22,636,568,000. 

20 (4) For Defense-wide activities, 

21 $18,843,296,000, of which $168,458,000 is author22 ized for the Director of Operational Test and Eval23 uation. 
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1 SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY. 

2 (a) AMOUNT FOR PROJECTS.—Of the total amount 

3 authorized to be appropriated by section 201, 

4 $10,924,401,000 shall be available for science and tech5 nology projects. 

6 (b) SCIENCE AND TECHNOLOGY DEFINED.—In this 

7 section, the term ‘‘science and technology project’’ means 

8 work funded in program elements for defense research, de9 velopment, test, and evaluation under Department of De10 fense budget activities 1, 2, or 3.

11 Subtitle B—Program Require12 ments, Restrictions, and Limita13 tions 

14 SEC. 211. CONTRACT FOR THE PROCUREMENT OF THE FU15 TURE COMBAT SYSTEM (FCS). 

16 The Secretary of the Army shall procure the Future 

17 Combat System (FCS) through a contract under part 15 

18 of the Federal Acquisition Regulation (FAR), relating to 

19 acquisition of items by negotiated contract (48 C.F.R. 

20 15.000 et seq.), rather than through a transaction under 

21 section 2371 of title 10, United States Code. 

22 SEC. 212. JOINT FIELD EXPERIMENT ON STABILITY AND 

23 SUPPORT OPERATIONS. 

24 (a) JOINT FIELD EXPERIMENT REQUIRED.—The 

25 Secretary of Defense shall, in fiscal year 2006, carry out 
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1 a joint field experiment to address matters relating to sta2 bility and support operations. 

3 (b) PURPOSES.—The purposes of the joint field ex4 periment under subsection (a) are as follows: 

5 (1) To explore critical challenges associated 

6 with the planning and execution of military and sup7 port activities required in the post-conflict environ8 ment following major combat activities. 

9 (2) To facilitate the development of rec10 ommendations for appropriate policy, doctrine, train11 ing infrastructure, and organizational structures to 

12 best facilitate the conduct of effective stability and 

13 support operations in such an environment. 

14 (c) PARTICIPATING ELEMENTS AND FORCES.—

15 (1) IN GENERAL.—The joint field experiment 

16 under subsection (a) shall involve—

17 (A) elements of the Army, the Marine 

18 Corps, and the Special Operations Command 

19 selected by the Secretary for purposes of the 

20 field experiment; 

21 (B) representatives of policy elements with22 in the Department selected by the Secretary for 

23 such purposes; and 
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1 (C) any other forces or elements of the De2 partment that the Secretary considers appro3 priate for such purposes. 

4 (2) ADDITIONAL ELEMENTS.—The Secretary 

5 shall also invite the participation in the field experi6 ment of appropriate elements of other departments 

7 and agencies of the United States Government, and 

8 of such elements and forces of coalition nations, as 

9 the Secretary considers appropriate for purposes of 

10 the field experiment. 

11 (d) REPORT.—Not later than January 31, 2007, the 

12 Secretary shall submit to the congressional defense com13 mittees a report on the joint field experiment under sub14 section (a). The report shall include—

15 (1) a description of the field experiment; 

16 (2) the findings of the Secretary as a result of 

17 the field experiment; and 

18 (3) such recommendations, including rec19 ommendations for additional legislative or adminis20 trative actions and recommendations on funding re21 quired to implement such actions, as the Secretary 

22 considers appropriate in light of the field experi23 ment.
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1 Subtitle C—Missile Defense 

2 Programs 

3 SEC. 221. ONE-YEAR EXTENSION OF COMPTROLLER GEN4 ERAL ASSESSMENTS OF BALLISTIC MISSILE 

5 DEFENSE PROGRAMS. 

6 (a) EXTENSION.—Section 232(g) of the National De7 fense Authorization Act for Fiscal Year 2002 (10 U.S.C. 

8 2431 note) is amended—

9 (1) in paragraph (1), by striking ‘‘through 

10 2006’’ and inserting ‘‘through 2007’’; and 

11 (2) in paragraph (2), by striking ‘‘through 

12 2007’’ and inserting ‘‘through 2008’’. 

13 (b) MODIFICATION OF SUBMITTAL DATE.—Para14 graph (2) of such section is further amended by striking 

15 ‘‘February 15’’ and inserting ‘‘March 15’’. 

16 SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA17 BILITIES. 

18 (a) AUTHORITY TO USE FUNDS.—Funds referred to 

19 in subsection (b) may, upon approval by the Secretary of 

20 Defense, be used for the development and fielding of bal21 listic missile defense capabilities. 

22 (b) COVERED FUNDS.—Funds referred to in this 

23 subsection are funds authorized to be appropriated for fis24 cal year 2006 or 2007 for research, development, test, and 

25 evaluation for the Missile Defense Agency. 
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1 SEC. 223. PLANS FOR TEST AND EVALUATION OF OPER2 ATIONAL CAPABILITY OF THE BALLISTIC MIS3 SILE DEFENSE SYSTEM. 

4 (a) PLANS REQUIRED.—

5 (1) IN GENERAL.—With respect to block 06, 

6 and each subsequent block, of the Ballistic Missile 

7 Defense System, the appropriate joint and service 

8 operational test and evaluation components of the 

9 Department of Defense concerned with such block 

10 shall, in coordination with the Missile Defense Agen11 cy and subject to the review and approval of the Di12 rector of Operational Test and Evaluation, prepare 

13 a plan to test, evaluate, and characterize the oper14 ational capability of such block. 

15 (2) NATURE OF PLANS.—Each plan prepared 

16 under this subsection shall be appropriate for the 

17 level of technological maturity of the block to be 

18 tested. 

19 (b) REPORTS ON TEST AND EVALUATION OF

20 BLOCKS.—At the conclusion of the test and evaluation of 

21 block 06, and of each subsequent block, of the Ballistic 

22 Missile Defense System, the Director of Operational Test 

23 and Evaluation shall submit to the Secretary of Defense, 

24 and to the congressional defense committees, a report pro25 viding—
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1 (1) the assessment of the Director as to wheth2 er or not such test and evaluation was adequate to 

3 evaluate the operational capability of such block; and 

4 (2) the characterization of the Director as to 

5 the operational effectiveness, suitability, and surviv6 ability of such block, as appropriate for the level of 

7 technological maturity of the block to be tested.

8 Subtitle D—High-Performance De9 fense Manufacturing Tech10 nology Research and Develop11 ment 

12 SEC. 231. RESEARCH AND DEVELOPMENT. 

13 (a) IDENTIFICATION OF ENHANCED PROCESSES AND

14 TECHNOLOGIES.—The Under Secretary of the Defense for 

15 Acquisition, Technology, and Logistics shall identify ad16 vanced manufacturing processes and technologies whose 

17 utilization will achieve significant productivity and effi18 ciency gains in the defense manufacturing base. 

19 (b) RESEARCH AND DEVELOPMENT.—The Under 

20 Secretary shall undertake research and development on 

21 processes and technologies identified under subsection (a) 

22 that addresses, in particular—

23 (1) innovative manufacturing processes and ad24 vanced technologies; and 
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1 (2) the creation of extended production enter2 prises using information technology and new busi3 ness models. 

4 (c) DEFENSE PRIORITIES.—In undertaking research 

5 and development under subsection (b), the Under Sec6 retary shall consider defense priorities established in the 

7 most current Joint Warfighting Science and Technology 

8 Plan. 

9 SEC. 232. TRANSITION OF TRANSFORMATIONAL MANUFAC10 TURING PROCESSES AND TECHNOLOGIES TO 

11 THE DEFENSE MANUFACTURING BASE. 

12 (a) ACCELERATION OF TRANSITION FROM SCIENCE

13 AND TECHNOLOGY.—

14 (1) IN GENERAL.—The Under Secretary of De15 fense for Acquisition, Technology, and Logistics 

16 shall undertake appropriate actions to accelerate the 

17 transition of transformational manufacturing tech18 nologies and processes (including processes and tech19 nologies identified under section 231) from the re20 search stage to utilization by manufacturers in the 

21 defense manufacturing base. 

22 (2) EXECUTION.—The actions undertaken 

23 under paragraph (1) shall include a memorandum of 

24 understanding among the Director of Defense Re25 search and Engineering, other appropriate elements 
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1 of the Department of Defense, and the Joint De2 fense Manufacturing Technology Panel to accelerate 

3 the transition of technologies and processes as de4 scribed in that paragraph. 

5 (b) PROTOTYPES AND TESTBEDS.—

6 (1) IN GENERAL.—The Under Secretary shall, 

7 utilizing the Manufacturing Technology Program, 

8 undertake the development of prototypes and 

9 testbeds to promote the purposes of this section. 

10 (2) COORDINATION OF ACTIVITIES.—The Under 

11 Secretary shall coordinate activities under this sub12 section with activities under the Small Business In13 novation Research Program and the Small Business 

14 Technology Transfer Program. 

15 (c) DEVELOPMENT OF IMPROVEMENT PROCESS.—

16 The Under Secretary shall, in consultation with persons 

17 and organizations in the defense manufacturing base, de18 velop and implement a program to continuously identify 

19 and utilize improvements and innovative processes in ap20 propriate defense acquisition programs and by manufac21 turers in the defense manufacturing base. 

22 (d) DIFFUSION OF ENHANCEMENTS INTO DEFENSE

23 MANUFACTURING BASE.—The Under Secretary shall en24 sure the utilization in industry of enhancements in produc-
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1 tivity and efficiency identified by reason of activities under 

2 this subtitle through the following: 

3 (1) Research and development activities under 

4 the Manufacturing Technology Program, including 

5 the establishment of public-private partnerships. 

6 (2) Outreach through the Manufacturing Ex7 tension Partnership Program under memoranda of 

8 agreement, cooperative programs, and other appro9 priate arrangements. 

10 (3) Coordination with activities under such 

11 other current programs for the dissemination of 

12 manufacturing technology as the Under Secretary 

13 considers appropriate. 

14 (4) Identification of incentives for contractors 

15 in the defense manufacturing base to incorporate 

16 and utilize manufacturing enhancements in the man17 ufacturing activities. 

18 SEC. 233. MANUFACTURING TECHNOLOGY STRATEGIES. 

19 (a) IN GENERAL.—The Under Secretary of Defense 

20 for Acquisition, Technology, and Logistics may—

21 (1) identify an area of technology where the de22 velopment of an industry-prepared roadmap for new 

23 manufacturing and technology processes applicable 

24 to defense manufacturing requirements would be 

25 beneficial to the Department of Defense; and 
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1 (2) establish a task force, and act in coopera2 tion, with the private sector to map the strategy for 

3 the development of manufacturing processes and 

4 technologies needed to support technology develop5 ment in the area identified under paragraph (1). 

6 (b) COMMENCEMENT OF ROADMAPPING.—The Under 

7 Secretary shall commence any roadmapping identified 

8 pursuant to subsection (a)(1) not later than January 

9 2007. 

10 SEC. 234. REPORT. 

11 (a) IN GENERAL.—Not later than December 31, 

12 2007, the Under Secretary of the Defense for Acquisition, 

13 Technology, and Logistics shall submit to the congres14 sional defense committees a report on the actions under15 taken by the Under Secretary under this subtitle during 

16 fiscal year 2006. 

17 (b) ELEMENTS.—The report under subsection (a) 

18 shall include—

19 (1) a comprehensive description of the actions 

20 undertaken under this subtitle during fiscal year 

21 2006; 

22 (2) an assessment of effectiveness of such ac23 tions in enhancing research and development on 

24 manufacturing technologies and processes, and im-
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1 plementation of such within the defense manufac2 turing base; and 

3 (3) such recommendations as the Under Sec4 retary considers appropriate for additional actions to 

5 be undertaken in order to increase the effectiveness 

6 of the actions undertaken under this subtitle in en7 hancing manufacturing activities within the defense 

8 manufacturing base. 

9 SEC. 235. DEFINITIONS. 

10 In this subtitle: 

11 (1) DEFENSE MANUFACTURING BASE.—The 

12 term ‘‘defense manufacturing base’’ includes any 

13 supplier of the Department of Defense, including a 

14 supplier of raw materials. 

15 (2) EXTENDED PRODUCTION ENTERPRISE.—

16 The term ‘‘extended production enterprise’’ means a 

17 system in which key entities, including entities en18 gaged in product development, manufacturing, 

19 sourcing, and user entities, in the manufacturing 

20 chain are linked together through information tech21 nology and other means to promote efficiency and 

22 productivity. 

23 (3) MANUFACTURING EXTENSION PARTNERSHIP

24 PROGRAM.—The term ‘‘Manufacturing Extension 

25 Partnership Program’’ means the Manufacturing 
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1 Extension Partnership Program of the Department 

2 of Commerce. 

3 (4) MANUFACTURING TECHNOLOGY PRO4 GRAM.—The term ‘‘Manufacturing Technology Pro5 gram’’ means the Manufacturing Technology Pro6 gram under the Director of Defense Research and 

7 Engineering under section 2521 of title 10, United 

8 States Code. 

9 (5) SMALL BUSINESS INNOVATION RESEARCH

10 PROGRAM.—The term ‘‘Small Business Innovation 

11 Research Program’’ has the meaning given that 

12 term in section 2055(11) of title 10, United States 

13 Code. 

14 (6) SMALL BUSINESS TECHNOLOGY TRANSFER

15 PROGRAM.—The term ‘‘Small Business Technology 

16 Transfer Program’’ has the meaning given that term 

17 in section 2500(12) of title 10, United States Code.

18 Subtitle E—Other Matters 

19 SEC. 241. EXPANSION OF ELIGIBILITY FOR LEADERSHIP OF 

20 DEPARTMENT OF DEFENSE TEST RESOURCE 

21 MANAGEMENT CENTER. 

22 (a) DIRECTOR OF CENTER.—Paragraph (1) of sec23 tion 196(b) of title 10, United States Code, is amended 

24 by striking ‘‘commissioned officers’’ and all that follows 

25 through the end of the sentence and inserting ‘‘individuals 
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1 who have substantial experience in the field of test and 

2 evaluation.’’. 

3 (b) DEPUTY DIRECTOR OF CENTER.—Paragraph (2) 

4 of such section is amended by striking ‘‘senior civilian offi5 cers and employees of the Department of Defense’’ and 

6 inserting ‘‘individuals’’. 

7 SEC. 242. TECHNOLOGY TRANSITION. 

8 (a) CLARIFICATION OF DUTIES OF TECHNOLOGY

9 TRANSITION COUNCIL.—Paragraph (2) of section 

10 2359a(g) of title 10, United States Code, is amended to 

11 read as follows: 

12 ‘‘(2) The duty of the Council shall be to support the 

13 Undersecretary of Defense for Acquisition, Technology, 

14 and Logistics in the development of policies to facilitate 

15 the rapid transition of technologies from science and tech16 nology programs of the Department of Defense into acqui17 sition programs of the Department.’’. 

18 (b) REPORT ON TECHNOLOGY TRANSITION.—

19 (1) IN GENERAL.—The Secretary of Defense, 

20 working through the Technology Transition Council, 

21 shall submit to the congressional defense committees 

22 a report on the challenges associated with technology 

23 transition from the science and technology programs 

24 of the Department of Defense to the acquisition pro-
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1 grams of the Department, and a strategy to address 

2 such challenges, including—

3 (A) a description of any organizational 

4 barriers to technology transition between oper5 ations, acquisition, and technology development 

6 components of the Department; 

7 (B) an assessment of the effect of Depart8 ment acquisition regulations on technology 

9 transition; 

10 (C) a description of the role of technology 

11 transition in the planning, programming, and 

12 budgeting processes of the Department; 

13 (D) a description of any other challenges 

14 associated with technology transition in the De15 partment that are identified by the Secretary; 

16 (E) a Department-wide strategy for pur17 suing technology transition; and 

18 (F) such recommendations as the Sec19 retary considers appropriate for the improve20 ment of technology transition and for the elimi21 nation of internal barriers within the Depart22 ment to technology transition. 

23 (2) SUBMITTAL DATE.—The report under para24 graph (1) shall be submitted at the same time the 

25 budget of the President is submitted to Congress 
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1 pursuant to section 1105(a) of title 31, United 

2 States Code, for fiscal year 2007. 

3 SEC. 243. PREVENTION, MITIGATION, AND TREATMENT OF 

4 BLAST INJURIES. 

5 (a) DESIGNATION OF EXECUTIVE AGENT.—The Sec6 retary of Defense shall designate a senior official of the 

7 Department of Defense as the executive agent responsible 

8 for coordinating and managing the programs and efforts 

9 of the Department of Defense with respect to the preven10 tion, mitigation, and treatment of blast injuries. 

11 (b) GENERAL RESPONSIBILITY.—The executive 

12 agent designated under subsection (a) shall be responsible 

13 for ensuring that—

14 (1) the programs and efforts of the Department 

15 of Defense on the prevention, mitigation, and treat16 ment of blast injuries are adequate to meet require17 ments relating to the prevention, mitigation, and 

18 treatment of such injuries; and 

19 (2) the resources devoted to such programs and 

20 efforts facilitate the achievement of the objective 

21 specified in paragraph (1). 

22 (c) RESEARCH EFFORTS.—The executive agent des23 ignated under subsection (a) shall—

24 (1) review and assess the adequacy of current 

25 research efforts of the Department of Defense on 
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1 the prevention, mitigation, and treatment of such in2 juries; 

3 (2) establish requirements for such research ef4 forts in order to enhance and accelerate such re5 search efforts; and 

6 (3) establish, coordinate, and oversee Depart7 ment-wide research efforts on the prevention, mitiga8 tion, and treatment of such injuries, including—

9 (A) in the case of blast injury prevention, 

10 research on—

11 (i) blast characterization in a variety 

12 of environments; 

13 (ii) modeling and simulation of safe 

14 blast stand-off distances; 

15 (iii) detect and defeat capabilities; and 

16 (iv) such other matters as such offi17 cial considers appropriate; 

18 (B) in the case of blast injury mitigation, 

19 research on—

20 (i) armor design and materials testing 

21 for blast and ballistic protection; 

22 (ii) the design of a comprehensive, in23 tegrated, flexible armor system which pro24 vides blast, ballistic, and fire protection for 
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1 the head, neck, ears, eyes, torso, and ex2 tremities; and 

3 (iii) such other matters as such offi4 cial considers appropriate; and 

5 (C) in the case of blast injury treatment, 

6 research on emerging military medical tech7 nologies, pharmacological agents, devices, and 

8 treatment and rehabilitation techniques. 

9 (d) STUDIES.—The executive agent designated under 

10 subsection (a) shall conduct studies on the prevention, 

11 mitigation, and treatment of blast injuries, including—

12 (1) studies to improve the clinical evaluation 

13 and treatment of blast injuries, with an emphasis on 

14 traumatic brain injuries and other consequences of 

15 blast injury, including acoustic and eye injuries and 

16 injuries resulting from over-pressure wave; and 

17 (2) studies to develop improved clinical proto18 cols by which physicians—

19 (A) can more accurately evaluate trau20 matic brain injuries and discriminate between 

21 traumatic brain injuries and post traumatic 

22 stress disorder (including improved diagnostic 

23 and cognitive measures); 
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1 (B) can identify members of the Armed 

2 Forces who may have both traumatic brain in3 jury and post traumatic stress disorder; and 

4 (C) can develop integrated treatment ap5 proaches for servicemembers who have both 

6 traumatic brain injuries and post traumatic 

7 stress disorder and other multiple injuries. 

8 (e) PILOT PROJECTS.—The executive agent des9 ignated under subsection (a) shall commence in fiscal year 

10 2006 not less than three pilot projects on the prevention, 

11 mitigation, and treatment of blast injuries, including pilot 

12 projects—

13 (1) to study the incidence in returning soldiers 

14 of traumatic brain injuries attributable to blast inju15 ries; 

16 (2) to develop protocols for medical tracking of 

17 members of the Armed Forces for up to five years 

18 following blast injuries; and 

19 (3) to refine and improve educational interven20 tions for blast injury survivors and their families. 

21 (f) TRAINING PROGRAM.—The executive agent des22 ignated under subsection (a) shall establish a training pro23 gram for medical and non-medical personnel on the pre24 vention, mitigation, and treatment of blast injuries which 

25 program shall be intended to improve field and clinical 
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1 training on early identification of blast injury con2 sequences, both seen and unseen, including traumatic 

3 brain injuries, acoustic injuries, and internal injuries. 

4 (g) TREATMENT PROGRAM.—The executive agent 

5 designated under subsection (a) shall conduct a treatment 

6 program intended to enhance the evaluation and care of 

7 members of the Armed Forces with traumatic brain inju8 ries in medical facilities in the United States and in de9 ployed medical facilities. 

10 (h) ANNUAL REPORTS ON BLAST INJURY MAT11 TERS.—

12 (1) REPORTS REQUIRED.—Not later than Feb13 ruary 15, 2006, and annually thereafter through 

14 2010, the Secretary of Defense shall submit to the 

15 congressional defense committees a report on the ef16 forts of the Department of Defense to prevent, miti17 gate, and treat blast injuries. 

18 (2) ELEMENTS.—Each report under paragraph 

19 (1) shall include the following: 

20 (A) A description of the activities under21 taken under this section during the year pre22 ceding the report to improve the prevention, 

23 mitigation, and treatment of blast injuries. 

24 (B) A consolidated budget presentation for 

25 the programs and activities of the Department 
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1 of Defense during the fiscal year beginning in 

2 the year of the report for the prevention, miti3 gation, and treatment of blast injuries. 

4 (C) A description of any gaps in the capa5 bilities of the Department under its programs 

6 and activities for the prevention, mitigation, 

7 and treatment of blast injuries, and a descrip8 tion of any plans or projects to address such 

9 gaps. 

10 (D) A description of collaboration, if any, 

11 with other departments and agencies of the 

12 Federal Government, and with other countries, 

13 during the year preceding the report in efforts 

14 for the prevention, mitigation, and treatment of 

15 blast injuries. 

16 (E) A description of any efforts during the 

17 year preceding the report to disseminate find18 ings on the mitigation and treatment of blast 

19 injuries through civilian and military research 

20 and medical communities. 

21 (F) A description of the status of efforts 

22 during the year preceding the report to design 

23 a comprehensive force protection system that is 

24 effective in confronting blast, ballistic, and fire 

25 threats. 
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1 (i) BLAST INJURIES DEFINED.—In this section, the 

2 term ‘‘blast injuries’’ means injuries that occur as the re3 sult of the detonation of high explosives, including vehicle4 borne and person-borne explosive devices, rocket-propelled 

5 grenades, and improvised explosive devices.

6 TITLE III—OPERATION AND 

7 MAINTENANCE

8 Subtitle A—Authorization of 

9 Appropriations 

10 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2006 for the use of the Armed Forces and other 

13 activities and agencies of the Department of Defense for 

14 expenses, not otherwise provided for, for operation and 

15 maintenance, in amounts as follows: 

16 (1) For the Army, $24,951,460,000. 

17 (2) For the Navy, $30,547,489,000. 

18 (3) For the Marine Corps, $3,842,026,000. 

19 (4) For the Air Force, $31,425,919,000. 

20 (5) For Defense-wide activities, 

21 $18,584,469,000. 

22 (6) For the Army Reserve, $1,989,382,000. 

23 (7) For the Naval Reserve, $1,245,695,000. 

24 (8) For the Marine Corps Reserve, 

25 $199,934,000. 
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1 (9) For the Air Force Reserve, $2,559,686,000. 

2 (10) For the Army National Guard, 

3 $4,528,019,000. 

4 (11) For the Air National Guard, 

5 $4,772,991,000. 

6 (12) For the United States Court of Appeals 

7 for the Armed Forces, $11,236,000. 

8 (13) For Environmental Restoration, Army, 

9 $407,865,000. 

10 (14) For Environmental Restoration, Navy, 

11 $305,275,000. 

12 (15) For Environmental Restoration, Air Force, 

13 $406,461,000. 

14 (16) For Environmental Restoration, Defense15 wide, $28,167,000. 

16 (17) For Environmental Restoration, Formerly 

17 Used Defense Sites, $261,921,000. 

18 (18) For Overseas Humanitarian, Disaster, and 

19 Civic Aid programs, $61,546,000. 

20 (19) For Cooperative Threat Reduction pro21 grams, $415,549,000. 

22 (20) For the Overseas Contingency Operations 

23 Transfer Fund, $20,000,000. 
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1 SEC. 302. WORKING CAPITAL FUNDS. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2006 for the use of the Armed Forces and other 

4 activities and agencies of the Department of Defense for 

5 providing capital for working capital and revolving funds 

6 in amounts as follows: 

7 (1) For the Defense Working Capital Funds, 

8 $1,471,340,000. 

9 (2) For the National Defense Sealift Fund, 

10 $1,011,304,000. 

11 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

12 (a) DEFENSE HEALTH PROGRAM.—Funds are here13 by authorized to be appropriated for the Department of 

14 Defense for fiscal year 2006 for expenses, not otherwise 

15 provided for, for the Defense Health Program, 

16 $19,900,812,000, of which—

17 (1) $19,351,337,000 is for Operation and 

18 Maintenance; 

19 (2) $174,156,000 is for Research, Development, 

20 Test, and Evaluation; and 

21 (3) $375,319,000 is for Procurement. 

22 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC23 TION, DEFENSE.—(1) Funds are hereby authorized to be 

24 appropriated for the Department of Defense for fiscal year 

25 2006 for expenses, not otherwise provided for, for Chem-
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1 ical Agents and Munitions Destruction, Defense, 

2 $1,425,827,000, of which—

3 (A) $1,241,514,000 is for Operation and Main4 tenance; 

5 (B) $67,786,000 is for Research, Development, 

6 Test, and Evaluation; and 

7 (C) $116,527,000 is for Procurement. 

8 (2) Amounts authorized to be appropriated under 

9 paragraph (1) are authorized for—

10 (A) the destruction of lethal chemical agents 

11 and munitions in accordance with section 1412 of 

12 the Department of Defense Authorization Act, 1986 

13 (50 U.S.C. 1521); and 

14 (B) the destruction of chemical warfare mate15 riel of the United States that is not covered by sec16 tion 1412 of such Act. 

17 (c) DRUG INTERDICTION AND COUNTER-DRUG AC18 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

19 to be appropriated for the Department of Defense for fis20 cal year 2006 for expenses, not otherwise provided for, for 

21 Drug Interdiction and Counter-Drug Activities, Defense22 wide, $895,741,000. 

23 (d) DEFENSE INSPECTOR GENERAL.—Funds are 

24 hereby authorized to be appropriated for the Department 

25 of Defense for fiscal year 2006 for expenses, not otherwise 
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1 provided for, for the Office of the Inspector General of 

2 the Department of Defense, $209,687,000, of which—

3 (1) $208,687,000 is for Operation and Mainte4 nance; and 

5 (2) $1,000,000 is for Procurement.

6 Subtitle B—Environmental 

7 Provisions 

8 SEC. 311. ELIMINATION AND SIMPLIFICATION OF CERTAIN 

9 ITEMS REQUIRED IN THE ANNUAL REPORT 

10 ON ENVIRONMENTAL QUALITY PROGRAMS 

11 AND OTHER ENVIRONMENTAL ACTIVITIES. 

12 Section 2706(b)(2) of title 10, United States Code, 

13 is amended—

14 (1) by striking subparagraphs (D) and (E); 

15 (2) by inserting after subparagraph (C) the fol16 lowing new subparagraph: 

17 ‘‘(D) A summary of fines and penalties imposed 

18 or assessed against the Department of Defense and 

19 the military departments under Federal, State, or 

20 local environmental laws during the fiscal year in 

21 which the report is submitted and the four preceding 

22 fiscal years, which summary shall include—

23 ‘‘(i) a trend analysis of such fines and pen24 alties for military installations inside and out25 side the United States; and 
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1 ‘‘(ii) a list of such fines or penalties that 

2 exceeded $500,000 and the provisions of law 

3 under which such fines or penalties were im4 posed or assessed.’’; 

5 (3) by redesignating subparagraph (F) as sub6 paragraph (E); and 

7 (4) in subparagraph (E), as redesignated by 

8 paragraph (3), by striking ‘‘and amounts for con9 ferences’’ and all that follows through ‘‘such activi10 ties’’. 

11 SEC. 312. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS 

12 IN CONNECTION WITH THE DEFENSE ENVI13 RONMENTAL RESTORATION PROGRAM. 

14 (a) PAYMENT FOR ACTIVITIES AT FORMER DEFENSE

15 PROPERTY THAT IS SUBJECT TO COVENANT FOR ADDI16 TIONAL REMEDIAL ACTION.—Subsection (d) of section 

17 2701 of title 10, United States Code, is amended—

18 (1) in paragraph (1)—

19 (A) by striking ‘‘paragraph (3)’’ and in20 serting ‘‘paragraphs (3) and (4)’’; 

21 (B) by inserting ‘‘any owner of covenant 

22 property,’’ after ‘‘tribe,’’ the first place it ap23 pears; and 

24 (C) by inserting ‘‘owner of covenant prop25 erty,’’ after ‘‘tribe,’’ the second place it appears; 
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1 (2) by redesignating paragraph (4) as para2 graph (5); 

3 (3) by inserting after paragraph (3) the fol4 lowing new paragraph: 

5 ‘‘(4) PERFORMANCE OF SERVICES ON COV6 ENANT PROPERTY.—An owner of covenant property 

7 may not be paid on a reimbursable or other basis for 

8 services performed under an agreement under para9 graph (1) unless such services are performed on 

10 such covenant property.’’; and 

11 (4) in paragraph (5), as redesignated by para12 graph (2), by adding at the end the following new 

13 subparagraph: 

14 ‘‘(C) The term ‘owner of covenant prop15 erty’ means an owner of property subject to a 

16 covenant provided by the United States in ac17 cordance with section 120(h)(3)(A)(ii)(II) of 

18 CERCLA (42 U.S.C. 9620(h)(3)(A)(ii)(II)).’’. 

19 (b) APPLICABLE CLEANUP STANDARDS.—Paragraph 

20 (3) of such subsection is further amended—

21 (1) by striking ‘‘An agreement’’ and inserting 

22 ‘‘(A) An agreement’’; and 

23 (2) by inserting at the end the following new 

24 subparagraph: 
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1 ‘‘(B) An agreement under paragraph (1) may 

2 not change the cleanup standards applicable to the 

3 site as established by law.’’. 

4 (c) SOURCE OF FUNDS FOR FORMER BASE CLOSURE

5 AND REALIGNMENT PROPERTY SUBJECT TO COVENANT

6 FOR ADDITIONAL REMEDIAL ACTION.—Section 2703 of 

7 such title is amended—

8 (1) in subsection (g)(1), by striking ‘‘The sole 

9 source’’ and inserting ‘‘Except as provided in sub10 section (h), the sole source’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(h) SOLE SOURCE OF FUNDS FOR CERTAIN ENVI14 RONMENTAL REMEDIATION AT BASE REALIGNMENT AND

15 CLOSURE SITES.—In the case of property disposed of pur16 suant to a base closure law and subject to a covenant de17 scribed in subsection (d)(5)(C) of section 2701 of this 

18 title, the sole source of funds for services under subsection 

19 (d)(1) of such section shall be the base closure account 

20 established under the base closure law under which such 

21 property was disposed of.’’.

22 Subtitle C—Other Matters 

23 SEC. 321. AIRCRAFT CARRIERS. 

24 (a) FUNDING FOR REPAIR AND MAINTENANCE OF

25 U.S.S. JOHN F. KENNEDY.—Of the amounts authorized 
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1 to be appropriated for operation and maintenance for the 

2 Navy by this Act and any other Act for fiscal year 2005 

3 and 2006, $288,000,000 shall be available only for repair 

4 and maintenance to extend the life of U.S.S. John F. Ken5 nedy. 

6 (b) LIMITATION ON REDUCTION IN NUMBER OF AC7 TIVE AIRCRAFT CARRIERS.—

8 (1) LIMITATION.—The Secretary of the Navy 

9 may not reduce the number of active aircraft car10 riers of the Navy below 12 active aircraft carriers 

11 until the later of the following: 

12 (A) The date that is 180 days after the 

13 date of the submittal to Congress of the quad14 rennial defense review required in 2005 under 

15 section 118 of title 10, United States Code. 

16 (B) The date on which the Secretary of 

17 Defense, in consultation with the Chairman of 

18 the Joint Chiefs of Staff, certifies to the con19 gressional defense committees that such agree20 ments have been entered into to provide port 

21 facilities for the permanent forward deployment 

22 of such number of aircraft carriers as is nec23 essary in the Pacific Command Area of Respon24 sibility to fulfill the roles and missions of that 

25 Command, including agreements for the for-
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1 ward deployment of a nuclear aircraft carrier 

2 after the retirement of the current two conven3 tional aircraft carriers. 

4 (2) ACTIVE AIRCRAFT CARRIERS.—For pur5 poses of this subsection, an active aircraft carrier of 

6 the Navy includes an aircraft carrier that is tempo7 rarily unavailable for worldwide deployment due to 

8 routine or scheduled maintenance. 

9 SEC. 322. LIMITATION ON TRANSITION OF FUNDING FOR 

10 EAST COAST SHIPYARDS FROM FUNDING 

11 THROUGH NAVY WORKING CAPITAL FUND TO 

12 DIRECT FUNDING. 

13 (a) LIMITATION.—The Secretary of the Navy may 

14 not convert funding for the shipyards of the Navy on the 

15 Eastern Coast of the United States from funding through 

16 the working capital fund of the Navy to funding on a di17 rect basis (also known as ‘‘mission funding’’) until the 

18 later of—

19 (1) the date that is six months after the date 

20 on which the Secretary submits to the congressional 

21 defense committees the report required by subsection 

22 (b); or 

23 (2) October 1, 2006. 

24 (b) REPORT ON DIRECT FUNDING FOR PUGET

25 SOUND NAVAL SHIPYARD.—The Secretary shall submit to 
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1 the congressional defense committees a report that con2 tains the assessment of the Secretary on the effects on 

3 Puget Sound Naval Shipyard, Washington, of the conver4 sion of funding for Puget Sound Naval Shipyard from 

5 funding through the working capital fund of the Navy to 

6 funding on a direct basis. 

7 SEC. 323. USE OF FUNDS FROM NATIONAL DEFENSE SEA8 LIFT FUND TO EXERCISE PURCHASE OP9 TIONS ON MARITIME PREPOSITIONING SHIP 

10 VESSELS. 

11 (a) USE OF FUNDS.—Notwithstanding the provisions 

12 of section 2218(f)(1) of title 10, United States Code, the 

13 Secretary of Defense may obligate and expend any funds 

14 in the National Defense Sealift Fund to exercise options 

15 to purchase three Maritime Prepositioning Ship (MPS) 

16 vessels under charter to the Navy as of the date of the 

17 enactment of this Act, the contracts for which charters 

18 expire in 2009. 

19 (b) NATIONAL DEFENSE SEALIFT FUND DE20 FINED.—In this section, the term ‘‘National Defense Sea21 lift Fund’’ means the National Defense Sealift Fund es22 tablished by section 2218 of title 10, United States Code. 

23 SEC. 324. PURCHASE AND DESTRUCTION OF WEAPONS 

24 OVERSEAS. 

25 (a) AUTHORITY TO USE FUNDS.—
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1 (1) IN GENERAL.—Subchapter I of chapter 134 

2 of title 10, United States Code, is amended by add3 ing at the end the following new section: 

4 ‘‘§ 2249d. Use of appropriated funds for purchase and 

5 destruction of weapons overseas 

6 ‘‘(a) PURCHASE OF WEAPONS.—Amounts appro7 priated or otherwise available to the Department of De8 fense for operation and maintenance may be used to pur9 chase weapons overseas from any person, foreign govern10 ment, international organization, or other entity for the 

11 purpose of protecting United States forces engaged in 

12 military operations overseas. 

13 ‘‘(b) DESTRUCTION OF WEAPONS.—Weapons pur14 chased under the authority in subsection (a) may be de15 stroyed. 

16 ‘‘(c) NOTICE TO CONGRESS.—The Secretary of De17 fense shall promptly notify the congressional defense com18 mittees of any use of the authority in subsection (a) to 

19 purchase weapons.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of such subchapter is amend22 ed by adding at the end the following new item:

‘‘2249d. Use of appropriated funds for purchase and destruction of weapons 

overseas.’’.

23 (b) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on October 1, 2005, and shall 
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1 apply with respect to funds appropriated or otherwise 

2 made available for fiscal years after fiscal year 2005. 

3 SEC. 325. INCREASE IN MAXIMUM CONTRACT AMOUNT FOR 

4 PROCUREMENT OF SUPPLIES AND SERVICES 

5 FROM EXCHANGE STORES OUTSIDE THE 

6 UNITED STATES. 

7 Section 2424(b)(1) of title 10, United States Code, 

8 is amended by striking ‘‘$50,000’’ and inserting 

9 ‘‘$100,000’’. 

10 SEC. 326. EXTENSION OF AUTHORITY TO PROVIDE LOGIS11 TICS SUPPORT AND SERVICES FOR WEAPON 

12 SYSTEMS CONTRACTORS. 

13 Section 365(g)(1) of the Bob Stump National De14 fense Authorization Act for Fiscal Year 2003 (Public Law 

15 107–314; 116 Stat. 2520; 10 U.S.C. 2302 note) is amend16 ed by striking ‘‘September 30, 2007’’ and inserting ‘‘Sep17 tember 30, 2010’’. 

18 SEC. 327. ARMY TRAINING STRATEGY. 

19 (a) TRAINING STRATEGY.—

20 (1) STRATEGY REQUIRED.—The Secretary of 

21 the Army shall develop and implement a training 

22 strategy to ensure the readiness of brigade-based 

23 combat teams and functional supporting brigades. 

24 (2) ELEMENTS.—The training strategy shall in25 clude the following: 
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1 (A) A statement of the purpose of training 

2 for brigade-based combat teams and supporting 

3 brigades. 

4 (B) Performance goals for both active and 

5 reserve brigade-based combat teams and sup6 porting brigades, including goals for live, vir7 tual, and constructive training for each compo8 nent and brigade type. 

9 (C) Metrics to quantify performance 

10 against the performance goals specified under 

11 subparagraph (B). 

12 (D) A process to report the accomplish13 ment of collective training by which Army lead14 ership can monitor the training performance of 

15 brigade-based combat teams and functional 

16 supporting brigades. 

17 (E) A model to quantify, and to forecast, 

18 operation and maintenance funding required to 

19 attain training goals. 

20 (b) REPORT.—

21 (1) REPORT REQUIRED.—Not later than one 

22 year after the date of the enactment of this Act, the 

23 Secretary of the Army shall submit to the congres24 sional defense committees a report on the require-
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1 ments to be fulfilled in order to implement the train2 ing strategy developed under subsection (a). 

3 (2) ELEMENTS.—The report shall include the 

4 following: 

5 (A) A discussion of the training strategy 

6 developed under subsection (a), including a de7 scription of performance goals and metrics de8 veloped under that subsection. 

9 (B) A discussion and description of the 

10 training range requirements necessary to imple11 ment the training strategy. 

12 (C) A discussion and description of the 

13 training aids, devices, simulations and simula14 tors necessary to implement the training strat15 egy. 

16 (D) A list of the funding requirements, 

17 itemized by fiscal year and specified in a format 

18 consistent with the future-years defense pro19 gram to accompany the budget of the President 

20 for fiscal year 2007 under section 221 of title 

21 10, United States Code, necessary to fulfill the 

22 range requirements described in subparagraph 

23 (B) and to provide the training aids, devices, 

24 simulations, and simulators described in sub25 paragraphs (C). 
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1 (E) A schedule for the implementation of 

2 the training strategy. 

3 (F) A discussion of the challenges that the 

4 Army anticipates in the implementation of the 

5 training strategy. 

6 (c) COMPTROLLER GENERAL REVIEW OF IMPLEMEN7 TATION.—

8 (1) IN GENERAL.—The Comptroller General of 

9 the United States shall monitor the implementation 

10 of the training strategy developed under subsection 

11 (a). 

12 (2) REPORT.—Not later than 18 months after 

13 the date of the enactment of this Act, the Comp14 troller General shall submit to the congressional de15 fense committees a report containing the assessment 

16 of the Comptroller General of the current progress 

17 of the Army in implementing the training strategy. 

18 SEC. 328. LIMITATION ON FINANCIAL MANAGEMENT IM19 PROVEMENT AND AUDIT INITIATIVES WITHIN 

20 THE DEPARTMENT OF DEFENSE. 

21 Amounts authorized to be appropriated to the De22 partment of Defense for fiscal year 2006 may not be obli23 gated or expended for the purposes of financial manage24 ment improvement activities relating to the preparation, 

25 processing, or auditing of financial statements until the 
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1 Secretary of Defense prepares and submits to the congres2 sional defense committees the following: 

3 (1) A comprehensive and integrated financial 

4 management improvement plan that—

5 (A) describes specific actions to be taken 

6 to correct financial management deficiencies 

7 that impair the ability of the Department of 

8 Defense to prepare timely, reliable, and com9 plete financial management information; and 

10 (B) systematically ties such actions to 

11 process and control improvements and business 

12 systems modernization efforts described in the 

13 business enterprise architecture and transition 

14 plan required by section 2222 of title 10, 

15 United States Code. 

16 (2) A written determination that each of the fi17 nancial management improvement activities to be 

18 undertaken are—

19 (A) consistent with the financial manage20 ment improvement plan submitted pursuant to 

21 paragraph (1); and 

22 (B) likely to improve internal controls or 

23 otherwise result in sustained improvements in 

24 the ability of the Department to produce timely, 
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1 reliable, and complete financial management in2 formation. 

3 SEC. 329. STUDY ON USE OF ETHANOL FUEL. 

4 (a) IN GENERAL.—The Secretary of Defense shall 

5 conduct a study on the use of ethanol fuel by the Armed 

6 Forces and the Defense Agencies. 

7 (b) ELEMENTS.—The study shall include—

8 (1) an evaluation of the historical utilization of 

9 ethanol fuel by the Armed Forces and the Defense 

10 Agencies, including the quantity of ethanol fuel ac11 quired by the Department of Defense for the Armed 

12 Forces and the Defense Agencies during the 5-year 

13 period ending on the date of the report under sub14 section (c); 

15 (2) a forecast of the requirements of the Armed 

16 Forces and the Defense Agencies for ethanol fuel for 

17 each of fiscal years 2007 through 2012; 

18 (3) an assessment of the current and future 

19 commercial availability of ethanol fuel, including fa20 cilities for the production, storage, transportation, 

21 distribution, and commercial sale of such fuel; 

22 (4) an assessment of the utilization by the De23 partment of the commercial infrastructure for eth24 anol fuel as described in paragraph (3); 
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1 (5) a review of the actions of the Department 

2 to coordinate with State, local, and private entities 

3 to support the expansion and use of alternative fuel 

4 refueling stations that are accessible to the public; 

5 and 

6 (6) an assessment of the fueling infrastructure 

7 on military installations in the United States, includ8 ing storage and distribution facilities, that could be 

9 adapted or converted to the delivery of ethanol fuel, 

10 including—

11 (A) an assessment of cost of the adapta12 tion or conversion of such infrastructure to the 

13 delivery of ethanol fuel; and 

14 (B) an assessment of the feasibility and 

15 advisability of that adaptation or conversion. 

16 (c) REPORT.—Not later than February 1, 2006, the 

17 Secretary shall submit to the congressional defense com18 mittees a report on the study conducted under subsection 

19 (a). 

20 (d) ETHANOL FUEL DEFINED.—In this section, the 

21 term ‘‘ethanol fuel’’ means fuel that is 85 percent ethyl 

22 alcohol.
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1 TITLE IV—MILITARY 

2 PERSONNEL AUTHORIZATIONS

3 Subtitle A—Active Forces 

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

5 The Armed Forces are authorized strengths for active 

6 duty personnel as of September 30, 2006, as follows: 

7 (1) The Army, 522,400. 

8 (2) The Navy, 352,700. 

9 (3) The Marine Corps, 178,000. 

10 (4) The Air Force, 357,400. 

11 SEC. 402. REVISION OF PERMANENT ACTIVE DUTY END 

12 STRENGTH MINIMUM LEVELS. 

13 (a) REVISION.—Section 691(b) of title 10, United 

14 States Code, is amended by striking paragraphs (1) 

15 through (4) and inserting the following: 

16 ‘‘(1) For the Army, 522,400. 

17 ‘‘(2) For the Navy, 352,700. 

18 ‘‘(3) For the Marine Corps, 178,000. 

19 ‘‘(4) For the Air Force, 357,400.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 subsection (a) shall take effect on October 1, 2005, and 

22 shall apply with respect to fiscal years beginning on or 

23 after that date.
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1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for Selected Reserve personnel of the reserve 

5 components as of September 30, 2006, as follows: 

6 (1) The Army National Guard of the United 

7 States, 350,000. 

8 (2) The Army Reserve, 205,000. 

9 (3) The Naval Reserve, 73,100. 

10 (4) The Marine Corps Reserve, 39,600. 

11 (5) The Air National Guard of the United 

12 States, 106,800. 

13 (6) The Air Force Reserve, 74,000. 

14 (7) The Coast Guard Reserve, 10,000. 

15 (b) ADJUSTMENTS.—The end strengths prescribed by 

16 subsection (a) for the Selected Reserve of any reserve com17 ponent shall be proportionately reduced by—

18 (1) the total authorized strength of units orga19 nized to serve as units of the Selected Reserve of 

20 such component which are on active duty (other 

21 than for training) at the end of the fiscal year; and 

22 (2) the total number of individual members not 

23 in units organized to serve as units of the Selected 

24 Reserve of such component who are on active duty 

25 (other than for training or for unsatisfactory partici-
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1 pation in training) without their consent at the end 

2 of the fiscal year. 

3 Whenever such units or such individual members are re4 leased from active duty during any fiscal year, the end 

5 strength prescribed for such fiscal year for the Selected 

6 Reserve of such reserve component shall be proportion7 ately increased by the total authorized strengths of such 

8 units and by the total number of such individual members. 

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

10 DUTY IN SUPPORT OF THE RESERVES. 

11 Within the end strengths prescribed in section 

12 411(a), the reserve components of the Armed Forces are 

13 authorized, as of September 30, 2006, the following num14 ber of Reserves to be serving on full-time active duty or 

15 full-time duty, in the case of members of the National 

16 Guard, for the purpose of organizing, administering, re17 cruiting, instructing, or training the reserve components: 

18 (1) The Army National Guard of the United 

19 States, 27,396. 

20 (2) The Army Reserve, 15,270. 

21 (3) The Naval Reserve, 13,392. 

22 (4) The Marine Corps Reserve, 2,261. 

23 (5) The Air National Guard of the United 

24 States, 13,123. 

25 (6) The Air Force Reserve, 2,290. 
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1 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

2 (DUAL STATUS). 

3 The minimum number of military technicians (dual 

4 status) as of the last day of fiscal year 2006 for the re5 serve components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall 

7 be the following: 

8 (1) For the Army Reserve, 7,649. 

9 (2) For the Army National Guard of the United 

10 States, 25,563. 

11 (3) For the Air Force Reserve, 9,852

12 (4) For the Air National Guard of the United 

13 States, 22,971. 

14 SEC. 414. FISCAL YEAR 2006 LIMITATIONS ON NON-DUAL 

15 STATUS TECHNICIANS. 

16 (a) LIMITATIONS.—(1) Within the limitation pro17 vided in section 10217(c)(2) of title 10, United States 

18 Code, the number of non-dual status technicians employed 

19 by the National Guard as of September 30, 2006, may 

20 not exceed the following: 

21 (A) For the Army National Guard of the 

22 United States, 1,600. 

23 (B) For the Air National Guard of the United 

24 States, 350. 
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1 (2) The number of non-dual status technicians em2 ployed by the Army Reserve as of September 30, 2006, 

3 may not exceed 695. 

4 (3) The number of non-dual status technicians em5 ployed by the Air Force Reserve as of September 30, 

6 2006, may not exceed 90. 

7 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

8 this section, the term ‘‘non-dual status technician’’ has the 

9 meaning given the term in section 10217(a) of title 10, 

10 United States Code.

11 Subtitle C—Authorizations of 

12 Appropriations 

13 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI14 TARY PERSONNEL. 

15 There is hereby authorized to be appropriated to the 

16 Department of Defense for military personnel for fiscal 

17 year 2006 a total of $109,179,601,000. The authorization 

18 in the preceding sentence supersedes any other authoriza19 tion of appropriations (definite or indefinite) for such pur20 pose for fiscal year 2006. 

21 SEC. 422. ARMED FORCES RETIREMENT HOME. 

22 There is hereby authorized to be appropriated for fis23 cal year 2006 from the Armed Forces Retirement Home 

24 Trust Fund the sum of $58,281,000 for the operation of 

25 the Armed Forces Retirement Home.
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1 TITLE V—MILITARY PERSONNEL 

2 POLICY

3 Subtitle A—Officer Personnel 

4 Policy 

5 SEC. 501. EXCLUSION OF GENERAL AND FLAG OFFICERS 

6 ON LEAVE PENDING SEPARATION OR RE7 TIREMENT FROM COMPUTATION OF ACTIVE 

8 DUTY OFFICERS FOR GENERAL AND FLAG 

9 OFFICER DISTRIBUTION AND STRENGTH LIM10 ITATIONS. 

11 (a) DISTRIBUTION LIMITATIONS.—Section 525 of 

12 title 10, United States Code, is amended by adding at the 

13 end the following new subsection: 

14 ‘‘(e) In determining the total number of general offi15 cers or flag officers of an armed force on active duty for 

16 purposes of this section, an officer of that armed force 

17 in the grade of brigadier general or above, or an officer 

18 in the grade of rear admiral (lower half) or above in the 

19 Navy, who is on leave pending the separation, retirement, 

20 or release of such officer from active duty shall not be 

21 counted, but only during the 60-day period beginning on 

22 the date of the commencement of leave of such officer.’’. 

23 (b) ACTIVE DUTY STRENGTH LIMITATIONS.—
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1 (1) IN GENERAL.—Section 526 of such title is 

2 amended by adding at the end the following new 

3 subsection: 

4 ‘‘(e) EXCLUSION OF CERTAIN OFFICERS ON LEAVE

5 PENDING SEPARATION OR RETIREMENT.—The limita6 tions of this section do not apply to general or flag officers 

7 on leave pending separation, retirement, or release from 

8 active duty as described in section 525(e) of this title.’’. 

9 (2) CONFORMING AMENDMENT.—The heading 

10 of subsection (d) of such section is amended by 

11 striking ‘‘CERTAIN OFFICERS’’ and inserting ‘‘CER12 TAIN RESERVE OFFICERS ON ACTIVE DUTY’’. 

13 SEC. 502. EXPANSION OF JOINT DUTY ASSIGNMENTS FOR 

14 RESERVE COMPONENT GENERAL AND FLAG 

15 OFFICERS. 

16 (a) INCREASE IN AUTHORIZED NUMBER.—Section 

17 526(b)(2)(A) of title 10, United States Code, is amended 

18 by striking ‘‘10’’ and inserting ‘‘11’’. 

19 (b) ASSIGNMENT TO JOINT STAFF.—Such section is 

20 further amended by inserting ‘‘, and on the Joint Staff,’’ 

21 after ‘‘commands’’. 
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1 SEC. 503. DEADLINE FOR RECEIPT BY PROMOTION SELEC2 TION BOARDS OF CORRESPONDENCE FROM 

3 ELIGIBLE OFFICERS. 

4 (a) OFFICERS ON ACTIVE DUTY LIST.—Section 

5 614(b) of title 10, United States Code, is amended by in6 serting ‘‘the date before’’ after ‘‘not later than’’. 

7 (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—

8 Section 14106 of such title is amended by inserting ‘‘the 

9 date before’’ after ‘‘not later than’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on March 1, 2006, and shall 

12 apply with respect to selection boards convened on or after 

13 that date. 

14 SEC. 504. FURNISHING TO PROMOTION SELECTION BOARDS 

15 OF ADVERSE INFORMATION ON OFFICERS EL16 IGIBLE FOR PROMOTION TO CERTAIN SEN17 IOR GRADES. 

18 (a) OFFICERS ON ACTIVE-DUTY LIST.—

19 (1) IN GENERAL.—Section 615(a) of title 10, 

20 United States Code, is amended—

21 (A) by redesignating paragraphs (3), (4), 

22 (5), and (6) as paragraphs (4), (5), (6), and 

23 (7), respectively; and 

24 (B) by inserting after paragraph (2) the 

25 following new paragraph (3): 
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1 ‘‘(3) In the case of an eligible officer considered for 

2 promotion to the grade of lieutenant colonel, or com3 mander in the case of the Navy, or above, any information 

4 of an adverse nature, including any substantiated adverse 

5 finding or conclusion from an officially documented inves6 tigation or inquiry, shall be furnished to the selection 

7 board in accordance with standards and procedures set out 

8 in the regulations prescribed by the Secretary of Defense 

9 pursuant to paragraph (1).’’. 

10 (2) CONFORMING AMENDMENTS.—Such section 

11 is further amended—

12 (A) in paragraph (4), as redesignated by 

13 paragraph (1)(A) of this subsection, by striking 

14 ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) 

15 and (3)’’; 

16 (B) in paragraph (5), as so redesignated, 

17 by striking ‘‘and (3)’’ and inserting ‘‘, (3), and 

18 (4)’’; 

19 (C) in paragraph (6), as so redesignated—

20 (i) in the matter preceding subpara21 graph (A), by inserting ‘‘, or in paragraph 

22 (3),’’ after ‘‘paragraph (2)’’; and 

23 (ii) in subparagraph (B), by inserting 

24 ‘‘or (3), as applicable’’ after ‘‘paragraph 

25 (2)’’; and 
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1 (D) in subparagraph (A) of paragraph (7), 

2 as so redesignated, by inserting ‘‘or (3)’’ after 

3 ‘‘paragraph (2)(B)’’. 

4 (b) RESERVE OFFICERS.—

5 (1) IN GENERAL.—Section 14107(a) of title 10, 

6 United States Code, is amended—

7 (A) by redesignating paragraphs (3), (4), 

8 (5), and (6) as paragraphs (4), (5), (6), and 

9 (7), respectively; and 

10 (B) by inserting after paragraph (2) the 

11 following new paragraph (3): 

12 ‘‘(3) In the case of an eligible officer considered for 

13 promotion to the grade of lieutenant colonel, or com14 mander in the case of the Navy, or above, any information 

15 of an adverse nature, including any substantiated adverse 

16 finding or conclusion from an officially documented inves17 tigation or inquiry, shall be furnished to the selection 

18 board in accordance with standards and procedures set out 

19 in the regulations prescribed by the Secretary of Defense 

20 pursuant to paragraph (1).’’. 

21 (2) CONFORMING AMENDMENTS.—Such section 

22 is further amended—

23 (A) in paragraph (4), as redesignated by 

24 paragraph (1)(A) of this subsection, by striking 
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1 ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) 

2 and (3)’’; 

3 (B) in paragraph (5), as so redesignated, 

4 by striking ‘‘and (3)’’ and inserting ‘‘, (3), and 

5 (4)’’; 

6 (C) in paragraph (6), as so redesignated—

7 (i) in the matter preceding subpara8 graph (A), by inserting ‘‘, or in paragraph 

9 (3),’’ after ‘‘paragraph (2)’’; and 

10 (ii) in subparagraph (B), by inserting 

11 ‘‘or (3), as applicable’’ after ‘‘paragraph 

12 (2)’’; and 

13 (D) in subparagraph (A) of paragraph (7), 

14 as so redesignated, by inserting ‘‘or (3)’’ after 

15 ‘‘paragraph (2)(B)’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on October 1, 2006, and shall 

18 apply with respect to promotion selection boards convened 

19 on or after that date. 

20 SEC. 505. GRADES OF THE JUDGE ADVOCATES GENERAL. 

21 (a) JUDGE ADVOCATE GENERAL OF THE ARMY.—

22 Section 3037(a) of title 10, United States Code, is amend23 ed by striking the last sentence and inserting the following 

24 new sentence: ‘‘The Judge Advocate General, while so 

25 serving, has the grade of lieutenant general.’’. 
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1 (b) JUDGE ADVOCATE GENERAL OF THE NAVY.—

2 Section 5148(b) of such title is amended by striking the 

3 last sentence and inserting the following new sentence: 

4 ‘‘The Judge Advocate General, while so serving, has the 

5 grade of vice admiral or lieutenant general, as appro6 priate.’’. 

7 (c) JUDGE ADVOCATE GENERAL OF THE AIR

8 FORCE.—Section 8037(a) of such title is amended by 

9 striking the last sentence and inserting the following new 

10 sentence: ‘‘The Judge Advocate General, while so serving, 

11 has the grade of lieutenant general.’’. 

12 (d) EXCLUSION FROM LIMITATION ON GENERAL

13 AND FLAG OFFICER DISTRIBUTION.—Section 525(b) of 

14 such title is amended by adding at the end the following 

15 new paragraph: 

16 ‘‘(9) An officer while serving as the Judge Advocate 

17 General of the Army, the Judge Advocate General of the 

18 Navy, or the Judge Advocate General of the Air Force 

19 is in addition to the number that would otherwise be per20 mitted for that officer’s armed force for officers serving 

21 on active duty in grades above major general or rear admi22 ral under paragraph (1) or (2), as the case may be.’’. 
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1 SEC. 506. TEMPORARY EXTENSION OF AUTHORITY TO RE2 DUCE MINIMUM LENGTH OF COMMISSIONED 

3 SERVICE FOR VOLUNTARY RETIREMENT AS 

4 AN OFFICER. 

5 (a) ARMY.—Section 3911(b) of title 10, United 

6 States Code, is amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

8 (2) in paragraph (1), as so designated, by strik9 ing ‘‘, during the period beginning on October 1, 

10 1990, and ending on December 31, 2001,’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) The authority in paragraph (1) may be exercised 

14 during the period beginning on the date of the enactment 

15 of the National Defense Authorization Act for Fiscal Year 

16 2006 and ending on December 31, 2008.’’. 

17 (b) NAVY AND MARINE CORPS.—Section 6323(a)(2) 

18 of such title is amended—

19 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; 

20 (2) in subparagraph (A), as so designated, by 

21 striking ‘‘, during the period beginning on October 

22 1, 1990, and ending on December 31, 2001,’’; and 

23 (3) by adding at the end the following new sub24 paragraph: 

25 ‘‘(B) The authority in subparagraph (A) may be exer26 cised during the period beginning on the date of the enact-
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1 ment of the National Defense Authorization Act for Fiscal 

2 Year 2006 and ending on December 31, 2008.’’. 

3 (c) AIR FORCE.—Section 8911(b) of such title is 

4 amended—

5 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

6 (2) in paragraph (1), as so designated, by strik7 ing ‘‘, during the period beginning on October 1, 

8 1990, and ending on December 31, 2001,’’; and 

9 (3) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2) The authority in paragraph (1) may be exercised 

12 during the period beginning on the date of the enactment 

13 of the National Defense Authorization Act for Fiscal Year 

14 2006 and ending on December 31, 2008.’’. 

15 SEC. 507. MODIFICATION OF STRENGTH IN GRADE LIMITA16 TIONS APPLICABLE TO RESERVE FLAG OFFI17 CERS IN ACTIVE STATUS. 

18 (a) LINE OFFICERS.—Paragraph (1) of section 

19 12004(c) of title 10, United States Code, is amended in 

20 the item in the table relating to Line officers by striking 

21 ‘‘28’’ and inserting ‘‘33’’. 

22 (b) MEDICAL DEPARTMENT STAFF CORPS OFFI23 CERS.—Such paragraph is further amended in the item 

24 in the table relating to the Medical Department staff corps 

25 officers by striking ‘‘9’’ and inserting ‘‘5’’. 
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1 (c) SUPPLY CORPS OFFICERS.—Paragraph (2)(A) of 

2 such section is amended by striking ‘‘seven’’ and inserting 

3 ‘‘six’’. 

4 (d) CONFORMING AMENDMENT.—Paragraph (1) of 

5 such section is further amended in the matter preceding 

6 the table by striking ‘‘39’’ and inserting ‘‘40’’. 

7 SEC. 508. UNIFORM AUTHORITY FOR DEFERMENT OF SEPA8 RATION OF RESERVE GENERAL AND FLAG 

9 OFFICERS FOR AGE. 

10 (a) IN GENERAL.—Section 14512 of title 10, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 14512. Separation at age 64

13 ‘‘(a) IN GENERAL.—The Secretary of the military de14 partment concerned may, subject to subsection (b), defer 

15 the retirement under section 14510 or 14511 of this title 

16 of a reserve officer of the Army, Air Force, or Marine 

17 Corps in a grade above colonel, or a reserve officer of the 

18 Navy in a grade above captain, and retain such officer 

19 in active status until such officer becomes 64 years of age. 

20 ‘‘(b) LIMITATION ON NUMBER OF DEFERMENTS.—

21 (1) Not more than 10 officers may be deferred by the Sec22 retary of a military department under subsection (a) at 

23 any one time. 
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1 ‘‘(2) Deferments by the Secretary of the Navy may 

2 be distributed between the Naval Reserve and the Marine 

3 Corps Reserve as the Secretary determines appropriate.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of chapter 1407 of such title is amended 

6 by striking the item relating to section 14512 and insert7 ing the following new item:

‘‘14512. Separation at age 64.’’.

8 Subtitle B—Enlisted Personnel 

9 Policy 

10 SEC. 521. UNIFORM CITIZENSHIP OR RESIDENCY REQUIRE11 MENTS FOR ENLISTMENT IN THE ARMED 

12 FORCES. 

13 (a) UNIFORM REQUIREMENTS.—Section 504 of title 

14 10, United States Code, is amended—

15 (1) by inserting ‘‘(a) INSANITY, DESERTION, 

16 FELONS, ETC..—’’ before ‘‘No person’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(b) CITIZENSHIP OR RESIDENCY.—(1) No person 

20 may be enlisted in any armed force unless such person 

21 is a citizen or national of the United States, a habitual 

22 resident of the Federal States of Micronesia, the Republic 

23 of Palau, or the Republic of the Marshall Islands, or has 

24 been lawfully admitted to the United States for permanent 
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1 residence under the applicable provisions of the Immigra2 tion and Nationality Act (8 U.S.C. 1101 et seq.). 

3 ‘‘(2) The Secretary concerned may waive the applica4 bility of paragraph (1) to a person if such Secretary deter5 mines that the enlistment of such person is vital to the 

6 national interest.’’. 

7 (b) REPEAL OF SUPERSEDED LIMITATIONS FOR THE

8 ARMY AND AIR FORCE.—Sections 3253 and 8253 of such 

9 title are repealed. 

10 (c) CLERICAL AMENDMENTS.—

11 (1) The table of sections at the beginning of 

12 chapter 333 of such title is amended by striking the 

13 item relating to section 3253. 

14 (2) The table of sections at the beginning of 

15 chapter 833 of such title is amended by striking the 

16 item relating to section 8253.

17 Subtitle C—Reserve Component 

18 Personnel Matters 

19 SEC. 531. REQUIREMENTS FOR PHYSICAL EXAMINATIONS 

20 AND MEDICAL AND DENTAL READINESS FOR 

21 MEMBERS OF THE SELECTED RESERVE NOT 

22 ON ACTIVE DUTY. 

23 (a) IN GENERAL.—Subsection (a) of section 10206 

24 of title 10, United States Code, is amended—
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1 (1) in paragraph (1), by striking ‘‘examined’’ 

2 and all that follows through the semicolon and in3 serting ‘‘provided a comprehensive physical examina4 tion on an annual basis;’’; and 

5 (2) in paragraph (2), by striking ‘‘annually to 

6 the Secretary concerned’’ and all that follows and in7 serting ‘‘to the Secretary concerned on an annual 

8 basis documentation of the medical and dental readi9 ness of the member to perform military duties.’’. 

10 (b) CONFORMING AMENDMENT.—The heading of 

11 such section is amended by striking ‘‘periodic’’. 

12 (c) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of chapter 1007 of such title is amended 

14 by striking ‘‘periodic’’. 

15 SEC. 532. REPEAL OF LIMITATION ON AMOUNT OF FINAN16 CIAL ASSISTANCE UNDER RESERVE OFFI17 CERS’ TRAINING CORPS SCHOLARSHIP PRO18 GRAM. 

19 (a) IN GENERAL.—Section 2107(c) of title 10, 

20 United States Code, is amended— 

21 (1) by striking paragraph (4); 

22 (2) by redesignating paragraph (5) as para23 graph (4); and 
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1 (3) in subparagraph (B) of paragraph (4), as so 

2 redesignated, by striking ‘‘, (3), or (4)’’ and insert3 ing ‘‘or (3)’’. 

4 (b) ARMY RESERVE AND ARMY NATIONAL GUARD

5 MEMBERS.—Section 2107a(c) of such title is amended—

6 (1) by striking paragraph (3); and 

7 (2) by redesignating paragraph (4) as para8 graph (3). 

9 (c) CONFORMING AMENDMENT.—Section 524(c) of 

10 the Ronald W. Reagan National Defense Authorization 

11 Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

12 1889) is amended by striking ‘‘paragraph (5)’’ and all that 

13 follows through ‘‘subsection (b)’’ and inserting ‘‘para14 graph (4) of section 2107(c) of title 10, United States 

15 Code (as added by subsection (a) of this section and redes16 ignated by section 532(a)(2) of the National Defense Au17 thorization Act for Fiscal Year 2006), and under para18 graph (3) of section 2107a(c) of title 10, United States 

19 Code (as added by subsection (b) of this section and redes20 ignated by section 532(b)(2) of such Act)’’. 
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1 SEC. 533. PROCEDURES FOR SUSPENDING FINANCIAL AS2 SISTANCE AND SUBSISTENCE ALLOWANCE 

3 FOR SENIOR ROTC CADETS AND MID4 SHIPMEN ON THE BASIS OF HEALTH-RE5 LATED CONDITIONS. 

6 (a) REQUIREMENTS.—Section 2107 of title 10, 

7 United States Code, is amended by adding at the end the 

8 following new subsection: 

9 ‘‘(j)(1) Payment of financial assistance under this 

10 section for, and payment of a monthly subsistence allow11 ance under section 209 of title 37 to, a cadet or mid12 shipman appointed under this section may be suspended 

13 on the basis of health-related incapacity of the cadet or 

14 midshipman only in accordance with regulations pre15 scribed under paragraph (2). 

16 ‘‘(2) The Secretary of Defense shall prescribe in regu17 lations the policies and procedures for suspending pay18 ments under paragraph (1). The regulations shall apply 

19 uniformly to all of the military departments. The regula20 tions shall include the following matters: 

21 ‘‘(A) The standards of health-related fitness 

22 that are to be applied. 

23 ‘‘(B) Requirements for—

24 ‘‘(i) the health-related condition and prog25 nosis of a cadet or midshipman to be deter26 mined, in relation to the applicable standards 
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1 prescribed under subparagraph (A), by a health 

2 care professional on the basis of a medical ex3 amination of the cadet or midshipman; and 

4 ‘‘(ii) the Secretary concerned to take into 

5 consideration the determinations made under 

6 clause (i) with respect to such condition in de7 ciding whether to suspend payment in the case 

8 of such cadet or midshipman on the basis of 

9 that condition. 

10 ‘‘(C) A requirement for the Secretary concerned 

11 to transmit to a cadet or midshipman proposed for 

12 suspension under this subsection a notification of 

13 the proposed suspension together with the deter14 minations made under subparagraph (B)(i) in the 

15 case of the proposed suspension. 

16 ‘‘(D) A procedure for a cadet or midshipman 

17 proposed for suspension under this subsection to 

18 submit a written response to the proposal for sus19 pension, including any supporting information. 

20 ‘‘(E) Requirements for—

21 ‘‘(i) one or more health-care professionals 

22 to review, in the case of such a response of a 

23 cadet or midshipman, each health-related condi24 tion and prognosis addressed in the response, 
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1 taking into consideration the matters submitted 

2 in such response; and 

3 ‘‘(ii) the Secretary concerned to take into 

4 consideration the determinations made under 

5 clause (i) with respect to such condition in 

6 making a final decision regarding whether to 

7 suspend payment in the case of such cadet or 

8 midshipman on the basis of that condition, and 

9 the conditions under which such suspension 

10 may be lifted.’’. 

11 (b) TIME FOR PROMULGATION OF REGULATIONS.—

12 The Secretary of Defense shall prescribe the regulations 

13 required under subsection (j) of section 2107 of title 10, 

14 United States Code (as added by subsection (a)), not later 

15 than May 1, 2006. 

16 SEC. 534. INCREASE IN MAXIMUM NUMBER OF ARMY RE17 SERVE AND ARMY NATIONAL GUARD CADETS 

18 UNDER RESERVE OFFICERS’ TRAINING 

19 CORPS. 

20 Section 2107a(h) of title 10, United States Code, is 

21 amended by striking ‘‘208 cadets’’ and inserting ‘‘416 ca22 dets’’. 
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1 SEC. 535. MODIFICATION OF EDUCATIONAL ASSISTANCE 

2 FOR RESERVES SUPPORTING CONTINGENCY 

3 AND OTHER OPERATIONS. 

4 (a) OFFICIAL RECEIVING ELECTIONS OF BENE5 FITS.—Section 16163(e) of title 10, United States Code, 

6 is amended by striking ‘‘Secretary concerned’’ and insert7 ing ‘‘Secretary of Veterans Affairs’’. 

8 (b) EXCEPTION TO IMMEDIATE TERMINATION OF AS9 SISTANCE.—Section 16165 of such title is amended— 

10 (1) by striking ‘‘Educational assistance’’ and 

11 inserting ‘‘(a) IN GENERAL.—Except as provided in 

12 subsection (b), educational assistance’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(b) EXCEPTION.—Under regulations prescribed by 

16 the Secretary of Defense, educational assistance may be 

17 provided under this chapter to a member of the Selected 

18 Reserve of the Ready Reserve who incurs a break in serv19 ice in the Selected Reserve of not more than 90 days if 

20 the member continues to serve in the Ready Reserve dur21 ing and after such break in service.’’. 

22 SEC. 536. REPEAL OF LIMITATION ON AUTHORITY TO RE23 DESIGNATE THE NAVAL RESERVE AS THE 

24 NAVY RESERVE. 

25 Section 517(a) of the Ronald W. Reagan National 

26 Defense Authorization Act for Fiscal Year 2005 (Public 
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1 Law 108–375; 118 Stat. 1884; 10 U.S.C. 10101 note) is 

2 amended by striking ‘‘, which date’’ and all that follows 

3 through the end and inserting a period. 

4 SEC. 537. PERFORMANCE BY RESERVE COMPONENT PER5 SONNEL OF OPERATIONAL TEST AND EVAL6 UATION AND TRAINING RELATING TO NEW 

7 EQUIPMENT. 

8 (a) PILOT PROGRAM.—The Secretary of the Army 

9 shall carry out a pilot program to evaluate the feasibility 

10 and advisability of—

11 (1) utilizing members of the reserve components 

12 of the Army, rather than contractor personnel, to 

13 perform test, evaluation, new equipment training, 

14 and related activities for one or more acquisition 

15 programs selected by the Secretary for purposes of 

16 the pilot program; and 

17 (2) utilizing funds otherwise available for multi18 year purposes for such activities in appropriations 

19 for research, development, test, and evaluation, and 

20 for procurement, in order to reimburse appropria21 tions for personnel for the costs of pay, allowances, 

22 and expenses of such members in the performance of 

23 such activities. 

24 (b) NONWAIVER OF PERSONNEL AND TRAINING

25 POLICIES AND PROCEDURES.—Nothing in this section 
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1 may be construed to authorize any deviation from estab2 lished personnel or training policies or procedures that are 

3 applicable to the reserve components of the personnel used 

4 under the pilot program. 

5 (c) REIMBURSEMENT AUTHORITY.—

6 (1) IN GENERAL.—Subject to paragraph (2), 

7 the Secretary may transfer from appropriations for 

8 research, development, test, and evaluation, or for 

9 procurement, for an acquisition program under the 

10 pilot program under subsection (a) to appropriations 

11 for reserve component personnel of the Army 

12 amounts necessary to reimburse appropriations for 

13 reserve component personnel of the Army for pay, 

14 allowances, and expenses of reserve component per15 sonnel of the Army in performing activities under 

16 the pilot program. 

17 (2) LIMITATION.—The amount that may be 

18 transferred under paragraph (1) in any fiscal year 

19 may not exceed $10,000,000. 

20 (3) MERGER OF FUNDS.—Amounts transferred 

21 to an account under paragraph (1) shall be merged 

22 with other amounts in such account, and shall be 

23 available for the same period, and subject to the 

24 same limitations, as the amounts with which 

25 merged. 
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1 (4) RELATIONSHIP TO OTHER TRANSFER AU2 THORITY.—The authority to transfer funds under 

3 paragraph (1) is in addition to any other authority 

4 to transfer funds under law. 

5 (d) TERMINATION.—The authority to carry out the 

6 pilot program under subsection (a) shall expire on Sep7 tember 30, 2010. 

8 (e) REPORT.—Not later than March 1, 2010, the 

9 Secretary of the Army shall, in consultation with the Sec10 retary of Defense, submit to the congressional defense 

11 committees a report on the pilot program under subsection 

12 (a). The report shall include—

13 (1) a comprehensive description of the pilot pro14 gram, including the acquisition programs covered by 

15 the pilot program and the activities performed by 

16 members of the reserve components of the Army 

17 under the pilot program; 

18 (2) an assessment of the benefits, including cost 

19 savings and other benefits, of the performance of ac20 tivities under the pilot program by members of the 

21 reserve components of the Army rather than by con22 tractor personnel; and 

23 (3) any recommendations for legislative or ad24 ministrative action that the Secretary considers ap25 propriate in light of the pilot program.
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1 Subtitle D—Military Justice and 

2 Related Matters 

3 SEC. 551. MODIFICATION OF PERIODS OF PROSECUTION BY 

4 COURTS-MARTIAL FOR MURDER, RAPE, AND 

5 CHILD ABUSE. 

6 (a) UNLIMITED PERIOD FOR MURDER AND RAPE.—

7 Subsection (a) of section 843 of title 10, United States 

8 Code (article 43 of the Uniform Code of Military Justice), 

9 is amended by striking ‘‘or with any offense’’ and inserting 

10 ‘‘with murder or rape, or with any other offense’’. 

11 (b) EXTENDED PERIOD FOR CHILD ABUSE.—Sub12 section (b)(2) of such section (article) is amended—

13 (1) in subparagraph (A), by striking ‘‘before 

14 the child attains the age of 25 years’’ and all that 

15 follows through the period and inserting ‘‘by an offi16 cer exercising summary court-martial jurisdiction 

17 with respect to that person during the life of the vic18 tim or the date that is five years after the date of 

19 the offense, whichever is the later date.’’; 

20 (2) in subparagraph (B)—

21 (A) in the matter preceding clause (i), by 

22 striking ‘‘sexual or physical’’; and 

23 (B) in clause (v), by striking ‘‘Indecent as24 sault,’’ and inserting ‘‘Kidnapping, indecent as25 sault,’’; and 
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1 (3) by adding at the end the following new sub2 paragraph: 

3 ‘‘(C) In subparagraph (A), the term ‘child abuse of4 fense’ also includes an act that involves abuse of a person 

5 who has not attained the age of 18 years and would con6 stitute an offense under chapter 110 or 117 or section 

7 1591 of title 18.’’. 

8 SEC. 552. ESTABLISHMENT OF OFFENSE OF STALKING. 

9 (a) ESTABLISHMENT OF OFFENSE.—Subchapter X 

10 of chapter 47 of title 10, United States Code (the Uniform 

11 Code of Military Justice), is amended by inserting after 

12 section 893 (article 93) the following new section (article): 

13 ‘‘§ 893a. Art. 93a. Stalking 

14 ‘‘(a) Any person subject to this chapter—

15 ‘‘(1) who wrongfully engages in a course of con16 duct directed at a specific person that would cause 

17 a reasonable person to fear death or bodily harm, in18 cluding sexual assault, to himself or herself or a 

19 member of his or her immediate family; 

20 ‘‘(2) who has knowledge, or should have knowl21 edge, that the specific person will be placed in rea22 sonable fear of death or bodily harm, including sex23 ual assault, to himself or herself or a member of his 

24 or her immediate family; and 
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1 ‘‘(3) whose acts induce reasonable fear in the 

2 specific person of death or bodily harm, including 

3 sexual assault, to himself or herself or to a member 

4 of his or her immediate family, 

5 is guilty of stalking and shall be punished as a court-mar6 tial may direct. 

7 ‘‘(b) For purposes of this section: 

8 ‘‘(1) The term ‘course of conduct’ means—

9 ‘‘(A) a repeated maintenance of visual or 

10 physical proximity to a specific person; or 

11 ‘‘(B) a repeated conveyance of verbal 

12 threat, written threats, or threats implied by 

13 conduct, or a combination of such threats, di14 rected at or toward a specific person. 

15 ‘‘(2) The term ‘repeated’, with respect to con16 duct, means two or more occasions of such conduct. 

17 ‘‘(3) The term ‘immediate family’, in the case 

18 of a specific person, means a spouse, parent, child, 

19 or sibling of the person, or any other family member 

20 or relative of the person who regularly resides in the 

21 household of the person or who within the six 

22 months preceding the commencement of the course 

23 of conduct regularly resided in the household of the 

24 person.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of subchapter X of such chapter is amended 

3 by inserting after the item relating to section 893 (article 

4 93) the following new item:

‘‘893a. Art. 93a. Stalking.’’.

5 SEC. 553. CLARIFICATION OF AUTHORITY OF MILITARY 

6 LEGAL ASSISTANCE COUNSEL. 

7 Section 1044 of title 10, United States Code, is 

8 amended—

9 (1) by redesignating subsection (d) as sub10 section (e); and 

11 (2) by inserting after subsection (c) the fol12 lowing new subsection (d): 

13 ‘‘(d)(1) Notwithstanding any law regarding the licen14 sure of attorneys, a judge advocate or civilian attorney 

15 who is authorized to provide military legal assistance is 

16 authorized to provide that assistance in any jurisdiction, 

17 subject to such regulations as may be prescribed by the 

18 Secretary concerned. 

19 ‘‘(2) In this subsection, the term ‘military legal as20 sistance’ includes—

21 ‘‘(A) legal assistance provided under this sec22 tion; and 

23 ‘‘(B) legal assistance contemplated by sections 

24 1044a, 1044b, 1044c, and 1044d of this title.’’. 
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1 SEC. 554. ADMINISTRATIVE CENSURES OF MEMBERS OF 

2 THE ARMED FORCES. 

3 (a) AUTHORITY TO ISSUE ADMINISTRATIVE CEN4 SURES.—

5 (1) AUTHORITY OF SECRETARY OF DEFENSE.—

6 The Secretary of Defense may issue, in writing, an 

7 administrative censure to any member of the Armed 

8 Forces. 

9 (2) AUTHORITY OF SECRETARIES OF MILITARY

10 DEPARTMENTS.—The Secretary of a military depart11 ment may issue, in writing, an administrative cen12 sure to any member of the Armed Forces under the 

13 jurisdiction of such Secretary. 

14 (3) REGULATIONS.—Administrative censures 

15 shall be issued under this section pursuant to regu16 lations prescribed by the Secretary of Defense. The 

17 regulations shall apply uniformly throughout the 

18 military departments. 

19 (b) ADMINISTRATIVE CENSURE.—For purposes of 

20 this section, an administrative censure is a statement of 

21 adverse opinion or criticism with respect to the conduct 

22 or performance of duty of a member of the Armed Forces. 

23 (c) FINALITY.—An administrative censure issued 

24 under this section is final and may not be appealed by 

25 the member of the Armed Forces concerned. 
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1 (d) CONSTRUCTION.—The authority under this sec2 tion to issue administrative censures with respect to the 

3 conduct or performance of duty of a member of the Armed 

4 Forces is in addition to the authority to impose non-judi5 cial punishment with respect to such conduct or perform6 ance of duty under section 815 of title 10, United States 

7 Code (article 15 of the Uniform Code of Military Justice). 

8 SEC. 555. REPORTS BY OFFICERS AND SENIOR ENLISTED 

9 PERSONNEL OF MATTERS RELATING TO VIO10 LATIONS OR ALLEGED VIOLATIONS OF 

11 CRIMINAL LAW. 

12 (a) REQUIREMENT FOR REPORTS.—

13 (1) IN GENERAL.—The Secretary of Defense 

14 shall prescribe in regulations a requirement that 

15 each covered member of the Armed Forces, whether 

16 on the active-duty list or on the reserve active-status 

17 list, shall submit to an authority in the military de18 partment concerned designated pursuant to such 

19 regulations a timely report on any investigation, ar20 rest, charge, detention, adjudication, or conviction of 

21 such member by any law enforcement authority of 

22 the United States for a violation of a criminal law 

23 of the United States, whether or not such member 

24 is on active duty at the time of the conduct that pro25 vides the basis of such investigation, arrest, charge, 
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1 detention, adjudication, or conviction. The regula2 tions shall apply uniformly throughout the military 

3 departments. 

4 (2) COVERED MEMBERS.—In this section, the 

5 term ‘‘covered member of the Armed Forces’’ means 

6 the following: 

7 (A) An officer. 

8 (B) An enlisted member in the grade of E–

9 7 or above. 

10 (b) LAW ENFORCEMENT AUTHORITY OF THE

11 UNITED STATES.—For purposes of this section, a law en12 forcement authority of the United States includes—

13 (1) a military or other Federal law enforcement 

14 authority; 

15 (2) a State or local law enforcement authority; 

16 and 

17 (3) such other law enforcement authorities 

18 within the United States as the Secretary shall 

19 specify in the regulations prescribed pursuant to 

20 subsection (a). 

21 (c) CRIMINAL LAW OF THE UNITED STATES.—

22 (1) IN GENERAL.—Except as provided in para23 graph (2), for purposes of this section, a criminal 

24 law of the United States includes—
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1 (A) any military or other Federal criminal 

2 law; 

3 (B) any State, county, municipal, or local 

4 criminal law or ordinance; and 

5 (C) such other criminal laws and ordi6 nances of jurisdictions within the United States 

7 as the Secretary shall specify in the regulations 

8 prescribed pursuant to subsection (a). 

9 (2) EXCEPTION.—For purposes of this section, 

10 a criminal law of the United States shall not include 

11 a law or ordinance specifying a minor traffic offense 

12 (as determined by the Secretary for purposes of such 

13 regulations). 

14 (d) ACTIONS SUBJECT TO REPORT.—

15 (1) IN GENERAL.—The regulations prescribed 

16 pursuant to subsection (a) shall specify each action 

17 of a law enforcement authority of the United States 

18 for which a report under that subsection shall be re19 quired. 

20 (2) MULTIPLE REPORTS ON SINGLE CON21 DUCT.—If the conduct of a covered member of the 

22 Armed Forces would provide the basis for actions of 

23 a law enforcement authority of the United States 

24 warranting more than one report under this section, 
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1 the regulations shall specify which of such actions 

2 such be subject to a report under this section. 

3 (e) TIMELINESS OF REPORTS.—The regulations pre4 scribed pursuant to subsection (a) shall establish require5 ments for the timeliness of reports under this section. 

6 (f) FORWARDING OF INFORMATION.—The regula7 tions prescribed pursuant to subsection (a) shall provide 

8 that, in the event a military department receives informa9 tion that a covered member of the Armed Forces under 

10 the jurisdiction of another military department has be11 come subject to an investigation, arrest, charge, detention, 

12 adjudication, or conviction for which a report is required 

13 by this section, the Secretary of the military department 

14 receiving such information shall, in accordance with such 

15 procedures as the Secretary of Defense shall establish in 

16 such regulations, forward such information to the author17 ity in the military department having jurisdiction over 

18 such member designated pursuant to such regulations. 

19 (g) DEADLINE FOR REGULATIONS.—The regulations 

20 required by subsection (a), including the requirement in 

21 subsection (f), shall go into effect not later than January 

22 1, 2006.
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1 Subtitle E—Military Service 

2 Academies 

3 SEC. 561. AUTHORITY TO RETAIN PERMANENT MILITARY 

4 PROFESSORS AT THE NAVAL ACADEMY 

5 AFTER MORE THAN 30 YEARS OF SERVICE. 

6 (a) AUTHORITY TO RETAIN.—

7 (1) IN GENERAL.—Chapter 603 of title 10, 

8 United States Code, is amended by inserting after 

9 section 6952 the following new section: 

10 ‘‘§ 6952a. Faculty: retention of permanent military 

11 professors 

12 ‘‘(a) RETIREMENT FOR YEARS OF SERVICE.—(1) Ex13 cept as provided in subsection (b), an officer serving as 

14 a permanent military professor at the Naval Academy in 

15 the grade of commander who is not on a list of officers 

16 recommended for promotion to the grade of captain shall, 

17 if not earlier retired, be retired on the first day of the 

18 month after the month in which the officer completes 28 

19 years of active commissioned service. 

20 ‘‘(2) Except as provided in subsection (b), an officer 

21 serving as a permanent military professor at the Naval 

22 Academy in the grade of captain who is not on a list of 

23 officers recommended for promotion to the grade of rear 

24 admiral (lower half) shall, if not earlier retired, be retired 

25 on the first day of the month after the month in which 
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1 the officer completes 30 years of active commissioned serv2 ice. 

3 ‘‘(b) CONTINUATION ON ACTIVE DUTY.—(1) An offi4 cer subject to retirement under subsection (a) may be con5 tinued on active duty by the Secretary of the Navy after 

6 the date otherwise provided for retirement under such sub7 section—

8 ‘‘(A) upon the recommendation of the Super9 intendent of the Naval Academy; and 

10 ‘‘(B) with the concurrence of the Chief of Naval 

11 Operations. 

12 ‘‘(2) The Secretary of the Navy shall determine the 

13 period of continuation on active duty of an officer under 

14 this subsection. 

15 ‘‘(c) ELIGIBILITY FOR PROMOTION.—A permanent 

16 military professor at the Naval Academy who has been re17 tained on active duty as a permanent military professor 

18 after more than 28 years of active commissioned service 

19 in the grade of commander under subsection (b) is eligible 

20 for consideration for promotion to the grade of captain.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of such chapter is amended 

23 by inserting after the item relating to section 6952 

24 the following new item:

‘‘6952a. Faculty: retention of permanent military professors.’’.

25 (b) CONFORMING AMENDMENTS.—
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1 (1) Section 633 of such title is amended—

2 (A) by striking ‘‘and an officer’’ and in3 serting ‘‘, an officer’’; and 

4 (B) by inserting ‘‘, and an officer who is 

5 a permanent military professor at the Naval 

6 Academy to whom section 6952a of this title 

7 applies,’’ after ‘‘section 6383 of this title ap8 plies’’. 

9 (2) Section 634 of such title is amended by in10 serting ‘‘and an officer who is a permanent military 

11 professor at the Naval Academy to whom section 

12 6952a of this title applies,’’ after ‘‘section 

13 6383(a)(4) of this title’’.

14 Subtitle F—Administrative Matters 

15 SEC. 571. CLARIFICATION OF LEAVE ACCRUAL FOR MEM16 BERS ASSIGNED TO A DEPLOYABLE SHIP OR 

17 MOBILE UNIT OR OTHER DUTY. 

18 Subparagraph (B) of section 701(f)(1) of title 10, 

19 United States Code, is amended to read as follows: 

20 ‘‘(B) This subsection applies to a member who— 

21 ‘‘(i) serves on active duty for a continuous pe22 riod of at least 120 days in an area in which the 

23 member is entitled to special pay under section 

24 310(a) of title 37; or 
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1 ‘‘(ii) is assigned to a deployable ship or mobile 

2 unit or to other duty designated for the purpose of 

3 this section.’’. 

4 SEC. 572. LIMITATION ON CONVERSION OF MILITARY MED5 ICAL AND DENTAL BILLETS TO CIVILIAN PO6 SITIONS. 

7 (a) LIMITATION.—Commencing as of the date of the 

8 enactment of this Act, no military medical or dental billet 

9 may be converted to a civilian position until 90 days after 

10 the date on which the Secretary of Defense certifies to 

11 the congressional defense committees each of the fol12 lowing: 

13 (1) That the conversion of military medical or 

14 dental billets to civilian positions, whether before the 

15 date of the enactment or as scheduled after the limi16 tation under this subsection no longer applies, will 

17 not result in an increase in civilian health care costs. 

18 (2) That the conversion of such billets to such 

19 positions meets the joint medical and dental readi20 ness requirements of the uniformed services, as de21 termined jointly by all the uniformed services. 

22 (3) That, as determined pursuant to market 

23 surveys conducted under subsection (b), the civilian 

24 medical and dental care providers available in each 

25 affected area are adequate to fill the civilian posi-
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1 tions created by the conversion of such billets to 

2 such positions in such affected area. 

3 (b) MARKET SURVEYS.—The Secretary of Defense 

4 shall conduct in each affected area a survey of the avail5 ability of civilian medical and dental care providers in such 

6 area in order to determine, for purposes of subsection 

7 (a)(3), whether or not the civilian medical and dental care 

8 providers available in such area are adequate to fill the 

9 civilian positions created by the conversion of medical and 

10 dental billets to civilian positions in such area. 

11 (c) DEFINITIONS.—In this section: 

12 (1) The term ‘‘affected area’’ means an area in 

13 which the conversion of military medical or dental 

14 billets to civilian positions has taken place as of the 

15 date of the enactment of this Act or is scheduled to 

16 take place after the limitation under subsection (a) 

17 no longer applies. 

18 (2) The term ‘‘uniformed services’’ has the 

19 meaning given that term in section 1072(1) of title 

20 10, United States Code.
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1 Subtitle G—Defense Dependents 

2 Education Matters 

3 SEC. 581. EXPANSION OF AUTHORIZED ENROLLMENT IN 

4 DEPARTMENT OF DEFENSE DEPENDENTS 

5 SCHOOLS OVERSEAS. 

6 The Defense Dependents’ Education Act of 1978 (20 

7 U.S.C. 931 et seq.) is amended by inserting after section 

8 1404 the following new section: 

9 ‘‘ENROLLMENT OF CERTAIN ADDITIONAL CHILDREN ON

10 TUITION-FREE BASIS

11 ‘‘SEC. 1404A. (a) The Secretary of Defense may, 

12 under regulations to be prescribed by the Secretary, au13 thorize the enrollment in schools of the defense depend14 ents’ education system on a tuition-free basis the children 

15 of full-time, locally-hired employees of the Department of 

16 Defense in an overseas area if such employees are citizens 

17 or nationals of the United States. 

18 ‘‘(b) The Secretary may utilize funds available for the 

19 defense dependents’ education system, including funds for 

20 construction, in order to provide for the education of chil21 dren enrolled in the defense dependents’ education system 

22 under subsection (a).’’. 
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1 SEC. 582. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 

2 WITH SIGNIFICANT ENROLLMENT INCREASES 

3 IN MILITARY DEPENDENT STUDENTS DUE TO 

4 TROOP RELOCATIONS, CREATION OF NEW 

5 UNITS, AND REALIGNMENTS UNDER BRAC. 

6 (a) AVAILABILITY OF ASSISTANCE.—To assist com7 munities in making adjustments resulting from the cre8 ation of new units and other large-scale relocations of 

9 members of the Armed Forces between military installa10 tions, the Secretary of Defense may make payments to 

11 local educational agencies described in subsection (b) that, 

12 during the period between the end of the school year pre13 ceding the fiscal year for which the payments are author14 ized and the beginning of the school year immediately pre15 ceding that school year, had an overall increase in the 

16 number of military dependent students enrolled in schools 

17 of such local educational agencies equal to or greater than 

18 250 military dependent students. 

19 (b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A 

20 local educational agency is eligible for assistance under 

21 this section for a fiscal year only if the Secretary of De22 fense determines that— 

23 (1) the local educational agency is eligible for 

24 educational agencies assistance for the same fiscal 

25 year; and 
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1 (2) the required overall increase in the number 

2 of military dependent students enrolled in schools of 

3 that local educational agency, as provided in sub4 section (a), occurred as a result of the relocation of 

5 military personnel due to—

6 (A) the global rebasing plan of the Depart7 ment of Defense; 

8 (B) the official creation or activation of 

9 one or more new military units; or 

10 (C) the realignment of forces as a result of 

11 the base closure process. 

12 (c) NOTIFICATION.—Not later than June 30, 2006, 

13 and June 30 of each of the next two fiscal years, the Sec14 retary of Defense shall notify each local educational agen15 cy that is eligible for assistance under this section for such 

16 fiscal year of— 

17 (1) the eligibility of the local educational agency 

18 for the assistance; and 

19 (2) the amount of the assistance for which that 

20 local educational agency is eligible, as determined 

21 under subsection (d). 

22 (d) AMOUNT OF ASSISTANCE.— 

23 (1) IN GENERAL.—In making assistance avail24 able to local educational agencies under this section, 

25 the Secretary of Defense shall, in consultation with 
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1 the Secretary of Education, make assistance avail2 able to such local educational agencies for a fiscal 

3 year on a pro rata basis based on the size of the 

4 overall increase in the number of military and De5 partment of Defense civilian dependent students en6 rolled in schools of those local educational agencies 

7 for such fiscal year. 

8 (2) LIMITATION.—No local educational agency 

9 may receive more than $1,000,000 in assistance 

10 under this section for any fiscal year. 

11 (e) DISBURSEMENT OF FUNDS.—The Secretary of 

12 Defense shall disburse assistance made available under 

13 this section for a fiscal year not later than 30 days after 

14 the date on which notification to the eligible local edu15 cational agencies is provided pursuant to subsection (c) 

16 for that fiscal year. 

17 (f) CONSULTATION.—The Secretary of Defense shall 

18 carry out this section in consultation with the Secretary 

19 of Education. 

20 (g) REPORTS.—

21 (1) REPORTS REQUIRED.—Not later than May 

22 1 of each of 2007, 2008, and 2009, the Secretary 

23 of Defense shall submit to the congressional defense 

24 committees a report on the assistance provided 
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1 under this section during the fiscal year preceding 

2 the date of such report. 

3 (2) ELEMENT.—Each report on the assistance 

4 provided during a fiscal year under this section shall 

5 include an assessment and description of the current 

6 compliance of each local educational agency receiving 

7 such assistance with the requirements of the No 

8 Child Left Behind Act of 2001 (Public Law 107–

9 110). 

10 (h) FUNDING.—Of the amount authorized to be ap11 propriated to the Department of Defense for fiscal years 

12 2006, 2007, and 2008 for operation and maintenance for 

13 Defense-wide activities, $15,000,000 shall be available for 

14 each such fiscal year only for the purpose of providing as15 sistance to local educational agencies under this section. 

16 (i) TERMINATION.—The authority of the Secretary of 

17 Defense to provide financial assistance under this section 

18 shall expire on September 30, 2008. 

19 (j) DEFINITIONS.—In this section: 

20 (1) The term ‘‘base closure process’’ means the 

21 2005 base closure and realignment process author22 ized by Defense Base Closure and Realignment Act 

23 of 1990 (part A of title XXIX of Public Law 101–

24 510; 10 U.S.C. 2687 note) or any base closure and 

25 realignment process conducted after the date of the 
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1 enactment of this Act under section 2687 of title 10, 

2 United States Code, or any other similar law en3 acted after that date. 

4 (2) The term ‘‘educational agencies assistance’’ 

5 means assistance authorized under section 386(b) of 

6 the National Defense Authorization Act for Fiscal 

7 Year 1993 (Public Law 102–484; 20 U.S.C. 7703 

8 note). 

9 (3) The term ‘‘local educational agency’’ has 

10 the meaning given that term in section 8013(9) of 

11 the Elementary and Secondary Education Act of 

12 1965 (20 U.S.C. 7713(9)). 

13 (4) The term ‘‘military dependent students’’ re14 fers to— 

15 (A) elementary and secondary school stu16 dents who are dependents of members of the 

17 Armed Forces; and 

18 (B) elementary and secondary school stu19 dents who are dependents of civilian employees 

20 of the Department of Defense. 
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1 SEC. 583. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 

2 THAT BENEFIT DEPENDENTS OF MEMBERS 

3 OF THE ARMED FORCES AND DEPARTMENT 

4 OF DEFENSE CIVILIAN EMPLOYEES. 

5 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

6 PROGRAM FOR FISCAL YEAR 2006.—Of the amount au7 thorized to be appropriated pursuant to section 301(5) for 

8 operation and maintenance for Defense-wide activities, 

9 $30,000,000 shall be available only for the purpose of pro10 viding educational agencies assistance to local educational 

11 agencies. 

12 (b) NOTIFICATION.—Not later than June 30, 2006, 

13 the Secretary of Defense shall notify each local edu14 cational agency that is eligible for educational agencies as15 sistance for fiscal year 2006 of—

16 (1) that agency’s eligibility for the assistance; 

17 and 

18 (2) the amount of the assistance for which that 

19 agency is eligible. 

20 (c) DISBURSEMENT OF FUNDS.—The Secretary of 

21 Defense shall disburse funds made available under sub22 section (a) not later than 30 days after the date on which 

23 notification to the eligible local educational agencies is 

24 provided pursuant to subsection (b). 

25 (d) DEFINITIONS.—In this section: 
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1 (1) The term ‘‘educational agencies assistance’’ 

2 means assistance authorized under section 386(b) of 

3 the National Defense Authorization Act for Fiscal 

4 Year 1993 (Public Law 102–484; 20 U.S.C. 7703 

5 note). 

6 (2) The term ‘‘local educational agency’’ has 

7 the meaning given that term in section 8013(9) of 

8 the Elementary and Secondary Education Act of 

9 1965 (20 U.S.C. 7713(9)). 

10 (3) The term ‘‘basic support payment’’ means 

11 a payment authorized under section 8003(b)(1) of 

12 the Elementary and Secondary Education Act of 

13 1965 (20 U.S.C. 7703(b)(1)). 

14 SEC. 584. IMPACT AID FOR CHILDREN WITH SEVERE DIS15 ABILITIES. 

16 Of the amount authorized to be appropriated pursu17 ant to section 301(5) for operation and maintenance for 

18 Defense-wide activities, $5,000,000 shall be available for 

19 payments under section 363 of the Floyd D. Spence Na20 tional Defense Authorization Act for Fiscal Year 2001 (as 

21 enacted into law by Public Law 106–398; 114 Stat. 

22 1654A–77; 20 U.S.C. 7703a).
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1 Subtitle H—Other Matters 

2 SEC. 591. POLICY AND PROCEDURES ON CASUALTY ASSIST3 ANCE TO SURVIVORS OF MILITARY DECE4 DENTS. 

5 (a) COMPREHENSIVE POLICY ON CASUALTY ASSIST6 ANCE.—

7 (1) POLICY REQUIRED.—Not later than Janu8 ary 1, 2006, the Secretary of Defense shall develop 

9 and prescribe a comprehensive policy for the Depart10 ment of Defense on the provision of casualty assist11 ance to survivors and next of kin of members of the 

12 Armed Forces who die during military service (in 

13 this section referred to as ‘‘military decedents’’). 

14 (2) CONSULTATION.—The Secretary shall de15 velop the policy in consultation with the Secretaries 

16 of the military departments, the Secretary of Vet17 erans Affairs, and the Secretary of Homeland Secu18 rity with respect to the Coast Guard 

19 (3) INCORPORATION OF PAST EXPERIENCE AND

20 PRACTICE.—The policy shall be based on—

21 (A) the experience and best practices of 

22 the military departments; 

23 (B) the recommendations of nongovern24 ment organizations with demonstrated expertise 
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1 in responding to the needs of survivors of mili2 tary decedents; and 

3 (C) such other matters as the Secretary of 

4 Defense considers appropriate. 

5 (4) PROCEDURES.—The policy shall include 

6 procedures to be followed by the military depart7 ments in the provision of casualty assistance to sur8 vivors and next of kin of military decedents. The 

9 procedures shall be uniform across the military de10 partments except to the extent necessary to reflect 

11 the traditional practices or customs of a particular 

12 military department. 

13 (b) ELEMENTS OF POLICY.—The comprehensive pol14 icy developed under subsection (a) shall address the fol15 lowing matters: 

16 (1) The initial notification of primary and sec17 ondary next of kin of the deaths of military dece18 dents and any subsequent notifications of next of kin 

19 warranted by circumstances. 

20 (2) The transportation and disposition of re21 mains of military decedents, including notification of 

22 survivors of the performance of autopsies. 

23 (3) The qualifications, assignment, training, du24 ties, supervision, and accountability for the perform25 ance of casualty assistance responsibilities. 
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1 (4) The relief or transfer of casualty assistance 

2 officers, including notification to survivors and next 

3 of kin of the reassignment of such officers to other 

4 duties. 

5 (5) Centralized, short-term and long-term case6 management procedures for casualty assistance by 

7 each military department, including rapid access by 

8 survivors of military decedents and casualty assist9 ance officers to expert case managers and coun10 selors. 

11 (6) The provision, at no cost to survivors of 

12 military decedents, of personalized, integrated infor13 mation on the benefits and financial assistance avail14 able to such survivors from the Federal Government. 

15 (7) The provision, at no cost to survivors of 

16 military decedents, of legal assistance by military at17 torneys on matters arising from the deaths of such 

18 decedents, including tax matters, on an expedited, 

19 prioritized basis. 

20 (8) The provision of financial counseling to sur21 vivors of military decedents, particularly with respect 

22 to appropriate disposition of death gratuity and in23 surance proceeds received by surviving spouses, 

24 minor dependent children, and their representatives. 
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1 (9) The provision of information to survivors 

2 and next of kin of military decedents on mechanisms 

3 for registering complaints about, or requests for, ad4 ditional assistance related to casualty assistance. 

5 (10) Liaison with the Department of Veterans 

6 Affairs and the Social Security Administration in 

7 order to ensure prompt and accurate resolution of 

8 issues relating to benefits administered by those 

9 agencies for survivors of military decedents. 

10 (11) Data collection regarding the incidence 

11 and quality of casualty assistance provided to sur12 vivors of military decedents, including surveys of 

13 such survivors and military and civilian members as14 signed casualty assistance duties. 

15 (c) ADOPTION BY MILITARY DEPARTMENTS.—Not 

16 later than March 1, 2006, the Secretary of each military 

17 department shall prescribe regulations, or modify current 

18 regulations, on the policies and procedures of such mili19 tary department on the provision of casualty assistance 

20 to survivors and next of kin of military decedents in order 

21 to conform such policies and procedures to the policy de22 veloped under subsection (a). 

23 (d) REPORT ON IMPROVEMENT OF CASUALTY AS24 SISTANCE PROGRAMS.—Not later than May 1, 2006, the 

25 Secretary of Defense shall submit to the Committees on 
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1 Armed Services of the Senate and the House of Represent2 atives a report that includes—

3 (1) the assessment of the Secretary of the ade4 quacy and sufficiency of the current casualty assist5 ance programs of the military departments; 

6 (2) a plan for a system for the uniform provi7 sion to survivors of military decedents of personal8 ized, accurate, and integrated information on the 

9 benefits and financial assistance available to such 

10 survivors through the casualty assistance programs 

11 of the military departments under subsection (c); 

12 and 

13 (3) such recommendations for other legislative 

14 or administrative action as the Secretary considers 

15 appropriate to enhance and improve such programs 

16 to achieve their intended purposes. 

17 (e) GAO REPORT.—

18 (1) REPORT REQUIRED.—Not later than Au19 gust 1, 2006, the Comptroller General of the United 

20 States shall submit to the congressional defense 

21 committees a report on the evaluation by the Comp22 troller General of the casualty assistance programs 

23 of the Department of Defense and of such other de24 partments and agencies of the Federal Government 
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1 as provide casualty assistance to survivors and next 

2 of kin of military decedents. 

3 (2) ASSESSMENT.—The report shall include the 

4 assessment of the Comptroller General of the ade5 quacy of the current policies and procedures of, and 

6 funding for, the casualty assistance programs cov7 ered by the report to achieve their intended pur8 poses. 

9 SEC. 592. MODIFICATION AND ENHANCEMENT OF MISSION 

10 AND AUTHORITIES OF THE NAVAL POST11 GRADUATE SCHOOL. 

12 (a) COMBAT-RELATED FOCUS FOR NAVAL POST13 GRADUATE SCHOOL.—

14 (1) IN GENERAL.—Section 7041 of title 10, 

15 United States Code, is amended by striking ‘‘for the 

16 advanced instruction’’ and all that follows and in17 serting ‘‘for the provision of advanced instruction, 

18 and professional and technical education, to commis19 sioned officers of the naval service to enhance com20 bat effectiveness and the national security.’’. 

21 (2) CONFORMING AMENDMENT.—Section 

22 7042(b)(1) of such title is amended by striking ‘‘and 

23 technical education’’ and inserting ‘‘, and technical 

24 and professional education,’’. 
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1 (b) EXPANDED ELIGIBILITY OF ENLISTED PER2 SONNEL FOR INSTRUCTION.—Section 7045 of such title 

3 is amended—

4 (1) in subsection (a)(2)—

5 (A) by redesignating subparagraph (C) as 

6 subparagraph (D); 

7 (B) by inserting after subparagraph (B) 

8 the following new subparagraph (C): 

9 ‘‘(C) The Secretary may permit an eligible member 

10 of the armed forces to receive instruction from the Post11 graduate School in certificate programs and courses re12 quired for the performance of the member’s duties.’’; and 

13 (C) in subparagraph (D), as so redesig14 nated, by striking ‘‘(A) and (B)’’ and inserting 

15 ‘‘(A), (B), and (C)’’; and 

16 (2) in subsection (b)(2), by striking ‘‘(a)(2)(C)’’ 

17 and inserting ‘‘(a)(2)(D)’’. 

18 SEC. 593. EXPANSION AND ENHANCEMENT OF AUTHORITY 

19 TO PRESENT RECOGNITION ITEMS FOR RE20 CRUITMENT AND RETENTION PURPOSES. 

21 (a) IN GENERAL.—(1) Subchapter II of chapter 134 

22 of title 10, United States Code, is amended by adding at 

23 the end the following new section: 
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1 ‘‘§ 2261. Presentation of recognition items for recruit2 ment and retention purposes 

3 ‘‘(a) EXPENDITURES FOR RECOGNITION ITEMS.—

4 Under regulations prescribed by the Secretary of Defense, 

5 appropriated funds may be expended—

6 ‘‘(1) to procure recognition items of nominal or 

7 modest value for recruitment or retention purposes; 

8 and 

9 ‘‘(2) to present such items—

10 ‘‘(A) to members of the armed forces, in11 cluding members of the reserve components of 

12 the armed forces; and 

13 ‘‘(B) to members of the families of mem14 bers of the armed forces, and to other individ15 uals recognized as providing support that sub16 stantially facilitates service in the armed forces. 

17 ‘‘(b) PROVISION OF MEALS AND REFRESHMENTS.—

18 For purposes of section 520c of this title and any regula19 tion prescribed to implement that section, functions con20 ducted for the purpose of presenting recognition items de21 scribed in subsection (a) shall be treated as recruiting 

22 functions, and recipients of such items shall be treated as 

23 persons who are the objects of recruiting efforts. 

24 ‘‘(c) DEFINITION.—The term ‘recognition items of 

25 nominal or modest value’ means commemorative coins, 

26 medals, trophies, badges, flags, posters, paintings, or other 
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1 similar items that are valued at less than $50 per item 

2 and are designed to recognize or commemorate service in 

3 the armed forces. 

4 ‘‘(d) TERMINATION OF AUTHORITY.—The authority 

5 under this section shall expire December 31, 2007.’’. 

6 (2) The table of sections at the beginning of sub7 chapter II of chapter 134 of such title is amended by add8 ing at the end the following new item:

‘‘2261. Presentation of recognition items for recruitment and retention purposes.’’.

9 (b) REPEAL OF SUPERSEDED AUTHORITIES.—

10 (1) ARMY RESERVE.—(A) Section 18506 of title 

11 10, United States Code, is repealed. 

12 (B) The table of sections at the beginning of 

13 chapter 1805 of such title is amended by striking 

14 the item relating to section 18506. 

15 (2) NATIONAL GUARD.—(A) Section 717 of title 

16 32, United States Code, is repealed. 

17 (B) The table of sections at the beginning of 

18 chapter 7 of such title is amended by striking the 

19 item relating to section 717. 
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1 SEC. 594. REQUIREMENT FOR REGULATIONS ON POLICIES 

2 AND PROCEDURES ON PERSONAL COMMER3 CIAL SOLICITATIONS ON DEPARTMENT OF 

4 DEFENSE INSTALLATIONS. 

5 (a) REQUIREMENT.—Not later than January 1, 

6 2006, the Secretary of Defense shall prescribe regulations, 

7 or modify existing regulations, on the policies and proce8 dures relating to personal commercial solicitations, includ9 ing the sale of life insurance and securities, on Depart10 ment of Defense installations. 

11 (b) REPEAL OF SUPERSEDED LIMITATIONS.—The 

12 following provisions of law are repealed: 

13 (1) Section 586 of the National Defense Au14 thorization Act for Fiscal Year 2004 (Public Law 

15 108–136; 117 Stat. 1493). 

16 (2) Section 8133 of the Department of Defense 

17 Appropriations Act, 2005 (Public Law 108–287; 

18 118 Stat. 1002). 

19 SEC. 595. FEDERAL ASSISTANCE FOR STATE PROGRAMS 

20 UNDER THE NATIONAL GUARD YOUTH CHAL21 LENGE PROGRAM. 

22 (a) IN GENERAL.—Section 509(d) of title 32, United 

23 States Code, is amended by striking paragraphs (1), (2), 

24 (3), and (4) and inserting the following new paragraphs: 
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1 ‘‘(1) for fiscal year 2006, 65 percent of the 

2 costs of operating the State program during that fis3 cal year; 

4 ‘‘(2) for fiscal year 2007, 70 percent of the 

5 costs of operating the State program during that fis6 cal year; and 

7 ‘‘(3) for fiscal year 2008 and each subsequent 

8 fiscal year, 75 percent of the costs of operating the 

9 State program during such fiscal year.’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall take effect on October 1, 2005.

12 TITLE VI—COMPENSATION AND 

13 OTHER PERSONNEL BENEFITS

14 Subtitle A—Pay and Allowances 

15 SEC. 601. ELIGIBILITY FOR ADDITIONAL PAY OF PERMA16 NENT MILITARY PROFESSORS AT THE 

17 UNITED STATES NAVAL ACADEMY WITH OVER 

18 36 YEARS OF SERVICE. 

19 Section 203(b) of title 37, United States Code, is 

20 amended by inserting ‘‘, the United States Naval Acad21 emy,’’ after ‘‘the United States Military Academy’’. 
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1 SEC. 602. ENHANCED AUTHORITY FOR AGENCY CONTRIBU2 TIONS FOR MEMBERS OF THE ARMED 

3 FORCES PARTICIPATING IN THE THRIFT SAV4 INGS PLAN. 

5 (a) AUTHORITY TO MAKE CONTRIBUTIONS FOR CER6 TAIN FIRST-TIME ENLISTEES.—Section 211(d) of title 

7 37, United States Code, is amended—

8 (1) in paragraph (1)—

9 (A) in subparagraph (A), by inserting ‘‘(i)’’ 

10 after ‘‘(A)’’; 

11 (B) by redesignating subparagraph (B) as 

12 clause (ii) of subparagraph (A); 

13 (C) in clause (ii) of subparagraph (A), as 

14 so redesignated, by striking the period at the 

15 end and inserting ‘‘; or’’; and 

16 (D) by adding at the end the following new 

17 subparagraph (B): 

18 ‘‘(B) in the case of a member first enlisting in 

19 the armed forces, the period of the member’s enlist20 ment is not less than two years.’’; 

21 (2) in paragraph (2), by striking ‘‘paragraph 

22 (1)’’ the first place it appears and inserting ‘‘para23 graph (1)(A)’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 
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1 ‘‘(3) In the case of a member described by paragraph 

2 (1)(B), the Secretary shall make contributions to the 

3 Fund for the benefit of the member for each pay period 

4 of the enlistment of the member described in that para5 graph for which the member makes a contribution to the 

6 Fund under section 8440e of title 5 (other than under 

7 subsection (d)(2) thereof). The second sentence of para8 graph (2) applies to the Secretary’s obligation to make 

9 contributions under this paragraph to the same extent as 

10 such paragraph applies to the Secretary’s obligation to 

11 make contributions under such paragraph.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect on October 1, 2005. 

14 SEC. 603. PERMANENT AUTHORITY FOR SUPPLEMENTAL 

15 SUBSISTENCE ALLOWANCE FOR LOW-INCOME 

16 MEMBERS WITH DEPENDENTS. 

17 Section 402a of title 37, United States Code, is 

18 amended by striking subsection (i). 

19 SEC. 604. MODIFICATION OF PAY CONSIDERED AS SAVED 

20 PAY UPON APPOINTMENT OF AN ENLISTED 

21 MEMBER AS AN OFFICER. 

22 (a) IN GENERAL.—Section 907(d) of title 37, United 

23 States Code, is amended to read as follows: 

24 ‘‘(d) In determining the amount of the pay and allow25 ances of a grade formerly held by an officer, the following 
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1 special and incentive pays may be considered only so long 

2 as the officer continues to perform the duty creating the 

3 entitlement to or eligibility for such pay and would other4 wise be eligible to receive such pay in the officer’s former 

5 grade: 

6 ‘‘(1) Incentive pay for hazardous duty under 

7 section 301 of this title. 

8 ‘‘(2) Submarine duty incentive pay under sec9 tion 301c of this title. 

10 ‘‘(3) Diving duty special pay under section 304 

11 of this title. 

12 ‘‘(4) Hardship duty special pay under section 

13 305 of this title. 

14 ‘‘(5) Career sea pay under section 305a of this 

15 title. 

16 ‘‘(6) Special pay for service as a member of a 

17 Weapons of Mass Destruction Civil Support Team 

18 under section 305b of this title. 

19 ‘‘(7) Assignment incentive pay under section 

20 307a of this title. 

21 ‘‘(8) Hostile fire pay or imminent danger pay 

22 under section 310 of this title. 

23 ‘‘(9) Special pay for extension of overseas tour 

24 of duty under section 314 of this title. 
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1 ‘‘(10) Foreign language proficiency pay under 

2 section 316 of this title. 

3 ‘‘(11) Critical skill retention bonus under sec4 tion 323 of this title, if payable in periodic install5 ments.’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 this section shall take effect on the date of the enactment 

8 of this Act, and shall apply with respect to acceptances 

9 of enlisted members of appointments as officers on or 

10 after that date.

11 Subtitle B—Bonuses and Special 

12 and Incentive Pays 

13 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

14 SPECIAL PAY AUTHORITIES FOR RESERVE 

15 FORCES. 

16 (a) SELECTED RESERVE REENLISTMENT BONUS.—

17 Section 308b(g) of title 37, United States Code, is amend18 ed by striking ‘‘December 31, 2005’’ and inserting ‘‘De19 cember 31, 2006’’. 

20 (b) SPECIAL PAY FOR ENLISTED MEMBERS AS21 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

22 308d(c) of such title is amended by striking ‘‘December 

23 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

24 (c) READY RESERVE NON-PRIOR SERVICE ENLIST25 MENT BONUS.—Section 308g(h) of such title is amended 
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1 by striking ‘‘an enlistment after September 30, 1992.’’ 

2 and inserting ‘‘an enlistment—

3 ‘‘(1) during the period beginning on October 1, 

4 1992, and ending on September 30, 2005; or 

5 ‘‘(2) after September 30, 2006.’’. 

6 (d) READY RESERVE ENLISTMENT AND REENLIST7 MENT BONUS.—Section 308h(g) of such title is amended 

8 by striking ‘‘December 31, 2005’’ and inserting ‘‘Decem9 ber 31, 2006’’. 

10 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section 

11 308i(f ) of such title is amended by striking ‘‘December 

12 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

13 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

14 SPECIAL PAY AUTHORITIES FOR CERTAIN 

15 HEALTH CARE PROFESSIONALS. 

16 (a) NURSE OFFICER CANDIDATE ACCESSION PRO17 GRAM.—Section 2130a(a)(1) of title 10, United States 

18 Code, is amended by striking ‘‘December 31, 2005’’ and 

19 inserting ‘‘December 31, 2006’’. 

20 (b) REPAYMENT OF EDUCATION LOANS FOR CER21 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE22 LECTED RESERVE.—Section 16302(d) of such title is 

23 amended by striking ‘‘before January 1, 2006’’ and insert24 ing ‘‘on or before December 31, 2006’’. 
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1 (c) ACCESSION BONUS FOR REGISTERED NURSES.—

2 Section 302d(a)(1) of title 37, United States Code, is 

3 amended by striking ‘‘December 31, 2005’’ and inserting 

4 ‘‘December 31, 2006’’. 

5 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES6 THETISTS.—Section 302e(a)(1) of such title is amended 

7 by striking ‘‘December 31, 2005’’ and inserting ‘‘Decem8 ber 31, 2006’’. 

9 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

10 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE11 CIALTIES.—Section 302g(f ) of such title is amended by 

12 striking ‘‘December 31, 2005’’ and inserting ‘‘December 

13 31, 2006’’. 

14 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—

15 Section 302h(a)(1) of such title is amended by striking 

16 ‘‘December 31, 2005’’ and inserting ‘‘December 31, 

17 2006’’. 

18 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.—

19 Section 302j(a) of such title is amended by striking ‘‘the 

20 date of the enactment of the Floyd D. Spence National 

21 Defense Authorization Act for Fiscal Year 2001 and end22 ing on September 30, 2005’’ and inserting ‘‘October 30, 

23 2000, and ending on December 31, 2006’’. 
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1 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

2 BONUS AUTHORITIES FOR NUCLEAR OFFI3 CERS. 

4 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI5 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

6 312(e) of title 37, United States Code, is amended by 

7 striking ‘‘December 31, 2005’’ and inserting ‘‘December 

8 31, 2006’’. 

9 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

10 312b(c) of such title is amended by striking ‘‘December 

11 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

12 (c) NUCLEAR CAREER ANNUAL INCENTIVE

13 BONUS.—Section 312c(d) of such title is amended by 

14 striking ‘‘December 31, 2005’’ and inserting ‘‘December 

15 31, 2006’’. 

16 SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND 

17 SPECIAL PAY AUTHORITIES. 

18 (a) AVIATION OFFICER RETENTION BONUS.—Sec19 tion 301b(a) of title 37, United States Code, is amended 

20 by striking ‘‘December 31, 2005’’ and inserting ‘‘Decem21 ber 31, 2006’’. 

22 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) 

23 of such title is amended by striking ‘‘December 31, 2006’’ 

24 and inserting ‘‘December 31, 2007’’. 

25 (c) REENLISTMENT BONUS FOR ACTIVE MEM26 BERS.—Section 308(g) of such title is amended by strik-
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1 ing ‘‘December 31, 2005’’ and inserting ‘‘December 31, 

2 2006’’. 

3 (d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—

4 Section 309(e) of such title is amended by striking ‘‘De5 cember 31, 2005’’ and inserting ‘‘December 31, 2006’’. 

6 (e) RETENTION BONUS FOR MEMBERS WITH CRIT7 ICAL MILITARY SKILLS.—Section 323(i) of such title is 

8 amended by striking ‘‘December 31, 2005’’ and inserting 

9 ‘‘December 31, 2006’’. 

10 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT11 ICAL SKILLS.—Section 324(g) of such title is amended by 

12 striking ‘‘December 31, 2005’’ and inserting ‘‘December 

13 31, 2006’’. 

14 SEC. 615. PAYMENT AND REPAYMENT OF ASSIGNMENT IN15 CENTIVE PAY. 

16 (a) FLEXIBLE PAYMENT.—Section 307a of title 37, 

17 United States Code, is amended—

18 (1) in subsection (a)—

19 (A) by striking ‘‘monthly’’; and 

20 (B) by adding at the end the following new 

21 sentence: ‘‘Incentive pay payable under this sec22 tion may be paid on a monthly basis, in a lump 

23 sum, or in installments.’’; 

24 (2) in subsection (b)—
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1 (A) by inserting ‘‘(1)’’ before ‘‘The Sec2 retary concerned’’; 

3 (B) in paragraph (1), as so designated, by 

4 striking ‘‘incentive pay’’ in the first sentence 

5 and inserting ‘‘the payment of incentive pay on 

6 a monthly basis’’; and 

7 (C) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) The Secretary concerned shall require a member 

10 performing service in an assignment designated under 

11 subsection (a) to enter into a written agreement with the 

12 Secretary in order to qualify for the payment of incentive 

13 pay on a lump sum or installment basis under this section. 

14 The written agreement shall specify the period for which 

15 the incentive pay will be paid to the member and, subject 

16 to subsection (c), the amount of the lump sum, or each 

17 installment, of the incentive pay.’’; and 

18 (3) by striking subsection (c) and inserting the 

19 following new subsection (c): 

20 ‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The max21 imum monthly rate of incentive pay payable to a member 

22 on a monthly basis under this section is $1,500. 

23 ‘‘(2) The amount of the lump sum payment of incen24 tive pay payable to a member on a lump sum basis under 
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1 this section may not exceed an amount equal to the prod2 uct of—

3 ‘‘(A) the maximum monthly rate authorized 

4 under paragraph (1) at the time of the written 

5 agreement of the member under subsection (b)(2); 

6 and 

7 ‘‘(B) the number of months in the period for 

8 which incentive pay will be paid pursuant to the 

9 agreement. 

10 ‘‘(3) The amount of each installment payment of in11 centive pay payable to a member on an installment basis 

12 under this section shall be the amount equal to—

13 ‘‘(A) the product of (i) a monthly rate specified 

14 in the written agreement of the member under sub15 section (b)(2) (which monthly rate may not exceed 

16 the maximum monthly rate authorized under para17 graph (1) at the time of the written agreement), and 

18 (ii) the number of months in the period for which 

19 incentive pay will be paid; divided by 

20 ‘‘(B) the number of installments over such pe21 riod. 

22 ‘‘(4) If a member extends an assignment specified in 

23 an agreement with the Secretary under subsection (b), in24 centive pay for the period of the extension may be paid 
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1 under this section on a monthly basis, in a lump sum, or 

2 in installments in accordance with this section.’’. 

3 (b) REPAYMENT.—Such section is further amend4 ed—

5 (1) by redesignating subsections (d), (e), and 

6 (f) as subsections (e), (f), and (g), respectively; and 

7 (2) by inserting after subsection (c), as amend8 ed by subsection (a)(3) of this section, the following 

9 new subsection (d): 

10 ‘‘(d) REPAYMENT OF INCENTIVE PAY.—(1)(A) A 

11 member who, pursuant to an agreement under subsection 

12 (b)(2), receives a lump sum or installment payment of in13 centive pay under this section and who fails to complete 

14 the total period of service or other conditions specified in 

15 the agreement voluntarily or because of misconduct, shall 

16 refund to the United States an amount equal to the per17 centage of incentive pay paid which is equal to the unex18 pired portion of the service divided by the total period of 

19 service. 

20 ‘‘(B) The Secretary concerned may waive repayment 

21 of an amount of incentive pay under subparagraph (A), 

22 whether in whole or in part, if the Secretary determines 

23 that conditions and circumstances warrant. 
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1 ‘‘(2) An obligation to repay the United States im2 posed under paragraph (1) is for all purposes a debt owed 

3 to the United States. 

4 ‘‘(3) A discharge in bankruptcy under title 11 that 

5 is entered less than 5 years after the termination of the 

6 agreement does not discharge the member signing the 

7 agreement from a debt arising under paragraph (1).’’. 

8 SEC. 616. INCREASE IN AMOUNT OF SELECTIVE REENLIST9 MENT BONUS FOR CERTAIN SENIOR SUPER10 VISORY NUCLEAR QUALIFIED ENLISTED PER11 SONNEL. 

12 (a) IN GENERAL.—Section 308 of title 37, United 

13 States Code, is amended—

14 (1) by redesignating subsections (b) through (g) 

15 as subsections (c) through (h), respectively; and 

16 (2) by inserting after subsection (a) the fol17 lowing new subsection (b): 

18 ‘‘(b)(1) An enlisted member of the naval service 

19 who—

20 ‘‘(A) has completed at least ten, but not more 

21 than fourteen, years of active duty; 

22 ‘‘(B) is currently qualified for duty in connec23 tion with the supervision, operation, and mainte24 nance of naval nuclear propulsion plants; 
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1 ‘‘(C) is qualified in a military skill designated 

2 as critical by the Secretary of Defense; and 

3 ‘‘(D) reenlists or voluntarily extends the mem4 ber’s enlistment for a period of at least three years 

5 in the regular component of the naval service, 

6 may be paid a bonus as provided in paragraph (2). 

7 ‘‘(2) The bonus to be paid a member under para8 graph (1) may not exceed the lesser of the following 

9 amounts: 

10 ‘‘(A) The amount determined with respect to 

11 the member in accordance with subsection (a)(2)(A). 

12 ‘‘(B) $75,000. 

13 ‘‘(3) Subsection (a)(3) applies to the computation 

14 under paragraph (2)(A) of any bonus payable under this 

15 subsection. 

16 ‘‘(4) Subsection (a)(4) applies to the payment of any 

17 bonus payable under this subsection.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on October 1, 2005, and shall 

20 apply with respect to reenlistments or voluntary extensions 

21 of enlistments that occur on or after that date. 
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1 SEC. 617. CONSOLIDATION AND MODIFICATION OF BO2 NUSES FOR AFFILIATION OR ENLISTMENT IN 

3 THE SELECTED RESERVE. 

4 (a) CONSOLIDATION AND MODIFICATION OF BO5 NUSES.—Section 308c of title 37, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 308c. Special pay: bonus for affiliation or enlist8 ment in the Selected Reserve 

9 ‘‘(a) AFFILIATION BONUS AUTHORIZED.—Under 

10 regulations prescribed by the Secretary of Defense, the 

11 Secretary concerned may pay an affiliation bonus to an 

12 enlisted member of an armed force who—

13 ‘‘(1) has completed fewer than 20 years of mili14 tary service; and 

15 ‘‘(2) executes a written agreement to serve in 

16 the Selected Reserve of the Ready Reserve of an 

17 armed force for a period of not less than three years 

18 in a skill, unit, or pay grade designated under sub19 section (b) after being discharged or released from 

20 active duty under honorable conditions. 

21 ‘‘(b) DESIGNATION OF SKILLS, UNITS, AND PAY

22 GRADES.—The Secretary concerned shall designate the 

23 skills, units, and pay grades for which an affiliation bonus 

24 may be paid under subsection (a). Any skill, unit, or pay 

25 grade so designated shall be a skill, unit, or pay grade 

26 for which there is a critical need for personnel in the Se-
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1 lected Reserve of the Ready Reserve of an armed force, 

2 as determined by the Secretary concerned. 

3 ‘‘(c) ACCESSION BONUS AUTHORIZED.—Under regu4 lations prescribed by the Secretary of Defense, the Sec5 retary concerned may pay an accession bonus to a person 

6 who—

7 ‘‘(1) has not previously served in the armed 

8 forces; and 

9 ‘‘(2) executes a written agreement to serve as 

10 an enlisted member in the Selected Reserve of the 

11 Ready Reserve of an armed force for a period of not 

12 less than three years upon acceptance of the agree13 ment by the Secretary concerned. 

14 ‘‘(d) LIMITATION ON AMOUNT OF BONUS.—The 

15 amount of a bonus under subsection (a) or (c) may not 

16 exceed $10,000. 

17 ‘‘(e) PAYMENT METHOD.—Upon acceptance of a 

18 written agreement by the Secretary concerned, the total 

19 amount of the bonus payable under the agreement be20 comes fixed. The agreement shall specify whether the 

21 bonus shall be paid by the Secretary concerned in a lump 

22 sum or in installments. 

23 ‘‘(f) CONTINUED ENTITLEMENT TO BONUS PAY24 MENTS.—A member entitled to a bonus under this section 

25 who is called or ordered to active duty shall be paid, dur-
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1 ing that period of active duty, any amount of the bonus 

2 that becomes payable to the member during that period 

3 of active duty. 

4 ‘‘(g) REPAYMENT FOR FAILURE TO COMMENCE OR

5 COMPLETE OBLIGATED SERVICE.—(1) An individual who, 

6 after being paid all or part of a bonus under an agreement 

7 under subsection (a) or (c), does not commence to serve 

8 in the Selected Reserve or does not satisfactorily partici9 pate in the Selected Reserve for the total period of service 

10 specified in such agreement shall repay to the United 

11 States the amount of such bonus so paid, except as other12 wise prescribed under paragraph (2). 

13 ‘‘(2) The Secretary concerned shall prescribe in regu14 lations whether repayment of an amount otherwise re15 quired under paragraph (1) shall be made in whole or in 

16 part, the method for computing the amount of such repay17 ment, and any conditions under which an exception to re18 quired repayment would apply. 

19 ‘‘(3) An obligation to repay the United States im20 posed under paragraph (1) is for all purposes a debt owed 

21 to the United States. A discharge in bankruptcy under 

22 title 11 that is entered less than five years after the termi23 nation of an agreement entered into under subsection (a) 

24 or (c) does not discharge the individual signing the agree-
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1 ment from a debt arising under such agreement or under 

2 paragraph (1). 

3 ‘‘(h) TERMINATION OF BONUS AUTHORITY.—No 

4 bonus may be paid under this section with respect to any 

5 agreement entered into under subsection (a) or (c) after 

6 December 31, 2006.’’. 

7 (b) REPEAL OF SUPERSEDED AFFILIATION BONUS

8 AUTHORITY.—Section 308e of such title is repealed. 

9 (c) CLERICAL AMENDMENTS.—The table of sections 

10 at the beginning of chapter 5 of such title is amended—

11 (1) by striking the item relating to section 308c 

12 and inserting the following new item:

‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve.’’;

13 and 

14 (B) by striking the item relating to section 

15 308e. 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on October 1, 2005, and shall 

18 apply with respect to agreements entered into under sec19 tion 308c of title 37, United States Code (as amended by 

20 subsection (a)), on or after that date. 
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1 SEC. 618. EXPANSION AND ENHANCEMENT OF SPECIAL PAY 

2 FOR ENLISTED MEMBERS OF THE SELECTED 

3 RESERVE ASSIGNED TO CERTAIN HIGH PRI4 ORITY UNITS. 

5 (a) ELIGIBILITY FOR PAY.—Subsection (a) of section 

6 308d of title 37, United States Code, is amended by strik7 ing ‘‘an enlisted member’’ and inserting ‘‘a member’’. 

8 (b) AMOUNT OF PAY.—Such subsection is further 

9 amended by striking ‘‘$10’’ and inserting ‘‘$50’’. 

10 (c) CONFORMING AND CLERICAL AMENDMENTS.—

11 (1) CONFORMING AMENDMENT.—The heading 

12 of such section is amended to read as follows: 

13 ‘‘§ 308d. Special pay: members of the Selected Re14 serve assigned to certain high priority 

15 units’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 5 of such title is 

18 amended by striking the item relating to section 

19 308d and inserting the following new item:

‘‘308d. Special pay: members of the Selected Reserve assigned to certain high 

priority units.’’.

20 (d) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on October 1, 2005, and shall 

22 apply to inactive-duty training performed on or after that 

23 date. 
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1 SEC. 619. RETENTION INCENTIVE BONUS FOR MEMBERS OF 

2 THE SELECTED RESERVE QUALIFIED IN A 

3 CRITICAL MILITARY SKILL OR SPECIALTY. 

4 (a) BONUS AUTHORIZED.—

5 (1) IN GENERAL.—Chapter 5 of title 37, United 

6 States Code, is amended by inserting after section 

7 308j the following new section: 

8 ‘‘§ 308k. Special pay: retention incentive bonus for 

9 members of the Selected Reserve quali10 fied in a critical military skill or specialty 

11 ‘‘(a) RETENTION BONUS AUTHORIZED.—An eligible 

12 officer or enlisted member of the armed forces may be paid 

13 a retention bonus as provided in this section if—

14 ‘‘(1) in the case of an officer or warrant officer, 

15 the member executes a written agreement to remain 

16 in the Selected Reserve for at least 2 years; 

17 ‘‘(2) in the case of an enlisted member, the 

18 member reenlists or voluntarily extends the mem19 ber’s enlistment in the Selected Reserve for a period 

20 of at least 2 years; or 

21 ‘‘(3) in the case of an enlisted member serving 

22 on an indefinite reenlistment, the member executes 

23 a written agreement to remain in the Selected Re24 serve for at least 2 years. 
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1 ‘‘(b) ELIGIBLE MEMBERS.—Subject to subsection 

2 (d), an officer or enlisted member is eligible for a bonus 

3 under this section if the member—

4 ‘‘(1) is qualified in a military skill or specialty 

5 designated as critical for purposes of this section 

6 under subsection (c); or 

7 ‘‘(2) agrees to train or retrain in a military skill 

8 or specialty so designated as critical. 

9 ‘‘(c) DESIGNATION OF CRITICAL SKILLS OR SPECIAL10 TIES.—The Secretary of Defense shall designate the mili11 tary skills and specialties that shall be treated as critical 

12 military skills and specialties for purposes of this section. 

13 ‘‘(d) CERTAIN MEMBERS INELIGIBLE.—A bonus may 

14 not be paid under subsection (a) to a member of the armed 

15 forces who— 

16 ‘‘(1) has completed more than 25 years of 

17 qualifying service under section 12732 of title 10; or 

18 ‘‘(2) will complete the member’s twenty-fifth 

19 year of qualifying service under section 12732 of 

20 title 10 before the end of the period of service for 

21 which the bonus is being offered. 

22 ‘‘(e) MAXIMUM BONUS AMOUNT.—A member may 

23 enter into an agreement under this section, or reenlist or 

24 voluntarily extend the member’s enlistment, more than 

25 once to receive a bonus under this section. However, a 
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1 member may not receive a total of more than $100,000 

2 in payments under this section. 

3 ‘‘(f) PAYMENT METHODS.—(1) A bonus under sub4 section (a) may be paid in a single lump sum or in install5 ments. 

6 ‘‘(2) In the case of a member who agrees to train 

7 or retrain in a military skill or specialty designated as crit8 ical under subsection (b)(2), no payment may be made 

9 until the member successfully completes the training or 

10 retraining and is qualified in such skill or specialty. 

11 ‘‘(g) RELATIONSHIP TO OTHER INCENTIVES.—A 

12 bonus paid to a member under subsection (a) is in addi13 tion to any other pay and allowances to which the member 

14 is entitled under any other provision of law. 

15 ‘‘(h) REPAYMENT FOR FAILURE TO COMMENCE OR

16 COMPLETE OBLIGATED SERVICE.—(1) An individual who, 

17 after receiving all or part of the bonus under an agree18 ment, or a reenlistment or voluntary extension of enlist19 ment, referred to in subsection (a), does not commence 

20 to serve in the Selected Reserve, or does not satisfactorily 

21 participate in the Selected Reserve for the total period of 

22 service specified in the agreement, or under such reenlist23 ment or voluntary extension of enlistment, as applicable, 

24 shall repay to the United States such bonus, except under 

25 conditions established by the Secretary concerned. 
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1 ‘‘(2) The Secretary concerned shall establish, in ac2 cordance with the regulations prescribed under subsection 

3 (i)—

4 ‘‘(A) whether repayment of a bonus under para5 graph (1) is required in whole or in part; 

6 ‘‘(B) the method for computing the amount of 

7 such repayment; and 

8 ‘‘(C) the conditions under which an exception to 

9 repayment otherwise required under that paragraph 

10 would apply. 

11 ‘‘(3) An obligation to repay the United States im12 posed under paragraph (1) is for all purposes a debt owed 

13 to the United States. A discharge in bankruptcy under 

14 title 11 that is entered less than 5 years after the termi15 nation of an agreement under subsection (a), or a reenlist16 ment or voluntary extension of enlistment under sub17 section (a), does not discharge the individual signing the 

18 agreement, reenlisting, or voluntarily extending enlist19 ment, as applicable, from a debt arising under paragraph 

20 (1). 

21 ‘‘(i) REGULATIONS.—This section shall be adminis22 tered under regulations prescribed by the Secretary of De23 fense. 

24 ‘‘(j) TERMINATION OF AUTHORITY.—No bonus may 

25 be paid under this section with respect to any agreement, 
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1 reenlistment, or voluntary extension of enlistment in the 

2 armed forces entered into after December 31, 2006.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 5 of such title is 

5 amended by inserting after the item relating to sec6 tion 308j the following new item:

‘‘308k. Special pay: retention incentive bonus for members of the Selected Reserve qualified in a critical military skill or specialty.’’.

7 (b) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on October 1, 2005. 

9 SEC. 620. TERMINATION OF LIMITATION ON DURATION OF 

10 PAYMENT OF IMMINENT DANGER SPECIAL 

11 PAY DURING HOSPITALIZATION. 

12 (a) TERMINATION OF LIMITATION.—Section 310(b) 

13 of title 37, United States Code, is amended by striking 

14 ‘‘not more than three additional months’’ and inserting 

15 ‘‘any month, or any portion of a month,’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall take effect on the date of the enact18 ment of this Act, and shall apply with respect to months 

19 beginning on or after that date. 

20 SEC. 621. AUTHORITY FOR RETROACTIVE PAYMENT OF IM21 MINENT DANGER SPECIAL PAY. 

22 Section 310 of title 37, United States Code, is 

23 amended— 
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1 (1) by redesignating subsections (b), (c), and 

2 (d) as subsections (c), (d), and (e), respectively; and 

3 (2) by inserting after subsection (a) the fol4 lowing new subsection: 

5 ‘‘(b) DATE OF COMMENCEMENT OF PAYMENT OF IM6 MINENT DANGER PAY.—Payment of special pay under 

7 this section to a member covered by subsection (a)(2)(D) 

8 may be made from any date, as determined by the Sec9 retary of Defense, on or after which such member was as10 signed to duty in a foreign area determined by the Sec11 retary to be covered by such subsection.’’. 

12 SEC. 622. AUTHORITY TO PAY FOREIGN LANGUAGE PRO13 FICIENCY PAY TO MEMBERS ON ACTIVE DUTY 

14 AS A BONUS. 

15 (a) AUTHORITY TO PAY.—Section 316 of title 37, 

16 United States Code, is amended—

17 (1) in subsection (a)—

18 (A) by inserting ‘‘OR BONUS’’ after ‘‘SPE19 CIAL PAY’’; and 

20 (B) by inserting ‘‘or a bonus’’ after 

21 ‘‘monthly special pay’’; 

22 (2) in subsection (d)—

23 (A) by redesignating paragraph (2) as 

24 paragraph (3); and 
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1 (B) by inserting after paragraph (1) the 

2 following new paragraph (2): 

3 ‘‘(2) The amount of the bonus paid under subsection 

4 (a) may not exceed $12,000 for the one-year period cov5 ered by the certification of the member. The Secretary 

6 concerned may pay the bonus in a single lump sum at 

7 the beginning of the certification period or in installments 

8 during the certification period.’’; and 

9 (3) in subsection (f)(1)(C), by inserting ‘‘or a 

10 bonus’’ after ‘‘special pay’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on October 1, 2005. 

13 SEC. 623. INCENTIVE BONUS FOR TRANSFER BETWEEN THE 

14 ARMED FORCES. 

15 (a) IN GENERAL.—Chapter 5 of title 37, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 327. Incentive bonus: transfer between armed 

19 forces 

20 ‘‘(a) INCENTIVE BONUS AUTHORIZED.—A bonus 

21 under this section may be paid to an eligible member of 

22 a regular component or reserve component of an armed 

23 force who executes a written agreement—
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1 ‘‘(1) to transfer from such regular component 

2 or reserve component to a regular component or re3 serve component of another armed force; and 

4 ‘‘(2) to serve pursuant to such agreement for a 

5 period of not less than three years in the component 

6 to which transferred. 

7 ‘‘(b) ELIGIBLE MEMBERS.—A member is eligible to 

8 enter into an agreement under subsection (a) if, as of the 

9 date of the agreement, the member—

10 ‘‘(1) has not failed to satisfactorily complete 

11 any term of enlistment in the armed forces; 

12 ‘‘(2) is eligible for reenlistment in the armed 

13 forces or, in the case of an officer, is eligible to con14 tinue in service in a regular or reserve component of 

15 the armed forces; and 

16 ‘‘(3) has fulfilled such requirements for transfer 

17 to the component of the armed force to which the 

18 member will transfer as the Secretary having juris19 diction over such armed force shall establish. 

20 ‘‘(c) LIMITATION.—A member may enter into an 

21 agreement under subsection (a) to transfer to a regular 

22 component or reserve component of another armed force 

23 only if the Secretary having jurisdiction over such armed 

24 force determines that there is shortage of trained and 

25 qualified personnel in such component. 
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1 ‘‘(d) AMOUNT AND PAYMENT OF BONUS.—(1) A 

2 bonus under this section may not exceed $2,500. 

3 ‘‘(2) A bonus under this section shall be paid by the 

4 Secretary having jurisdiction of the armed force to which 

5 the member to be paid the bonus is transferring. 

6 ‘‘(3) A bonus under this section shall, at the election 

7 of the Secretary paying the bonus—

8 ‘‘(A) be disbursed to the member in one lump 

9 sum when the transfer for which the bonus is paid 

10 is approved by the chief personnel officer of the 

11 armed force to which the member is transferring; or 

12 ‘‘(B) be paid to the member in annual install13 ments in such amounts as may be determined by the 

14 Secretary paying the bonus. 

15 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW16 ANCES.—A bonus paid to a member under this section is 

17 in addition to any other pay and allowances to which the 

18 member is entitled. 

19 ‘‘(f) REPAYMENT OF BONUS.—(1) A member who is 

20 paid a bonus under an agreement under this section and 

21 who, voluntarily or because of misconduct, fails to serve 

22 for the period covered by such agreement shall refund to 

23 the United States an amount which bears the same ratio 

24 to the amount of the bonus paid such member as the pe-
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1 riod which such member failed to serve bears to the total 

2 period for which the bonus was paid. 

3 ‘‘(2) An obligation to reimburse the United States 

4 imposed under paragraph (1) is for all purposes a debt 

5 owed to the United States. 

6 ‘‘(3) A discharge in bankruptcy under title 11 that 

7 is entered less than 5 years after the termination of an 

8 agreement under this section does not discharge the per9 son signing such agreement from a debt arising under 

10 paragraph (1). 

11 ‘‘(g) REGULATIONS.—The Secretaries concerned 

12 shall prescribe regulations to carry out this section. Regu13 lations prescribed by the Secretary of a military depart14 ment under this subsection shall be subject to the approval 

15 of the Secretary of Defense. 

16 ‘‘(h) TERMINATION OF AUTHORITY.—No agreement 

17 under this section may be entered into after December 31, 

18 2006.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 5 of such title is amended by 

21 adding at the end the following new item:

‘‘327. Incentive bonus: transfer between armed forces.’’.
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1 Subtitle C—Travel and 

2 Transportation Allowances 

3 SEC. 631. TRANSPORTATION OF FAMILY MEMBERS IN CON4 NECTION WITH THE REPATRIATION OF 

5 SERVICEMEMBERS OR CIVILIAN EMPLOYEES 

6 HELD CAPTIVE. 

7 (a) MILITARY CAPTIVES.—(1) Chapter 7 of title 37, 

8 United States Code, is amended by inserting after section 

9 411i the following new section: 

10 ‘‘§ 411j. Travel and transportation allowances: trans11 portation of family members incident to 

12 the repatriation of members held captive 

13 ‘‘(a) ALLOWANCE FOR FAMILY MEMBERS AND CER14 TAIN OTHERS.—(1) Under uniform regulations prescribed 

15 by the Secretaries concerned, travel and transportation de16 scribed in subsection (d) may be provided for not more 

17 than 3 family members of a member described in sub18 section (b). 

19 ‘‘(2) In addition to the family members authorized 

20 to be provided travel and transportation under paragraph 

21 (1), the Secretary concerned may provide travel and trans22 portation described in subsection (d) to an attendant to 

23 accompany a family member described in that paragraph 

24 if the Secretary determines that—
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1 ‘‘(A) the family member to be accompanied is 

2 unable to travel unattended because of age, physical 

3 condition, or other reason determined by the Sec4 retary; and 

5 ‘‘(B) no other family member who is eligible for 

6 travel and transportation under paragraph (1) is 

7 able to serve as an attendant for the family member. 

8 ‘‘(3) If no family member of a member described in 

9 subsection (b) is able to travel to the repatriation site of 

10 the member, travel and transportation described in sub11 section (d) may be provided to not more than 2 persons 

12 related to and selected by the member. 

13 ‘‘(b) COVERED MEMBERS.—A member described in 

14 this subsection is a member of the uniformed services 

15 who—

16 ‘‘(1) is serving on active duty; 

17 ‘‘(2) was held captive, as determined by the 

18 Secretary concerned; and 

19 ‘‘(3) is repatriated to a site inside or outside 

20 the United States. 

21 ‘‘(c) ELIGIBLE FAMILY MEMBERS.—In this section, 

22 the term ‘family member’ has the meaning given the term 

23 in section 411h(b) of this title. 

24 ‘‘(d) TRAVEL AND TRANSPORTATION AUTHOR25 IZED.—(1) The transportation authorized by subsection 
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1 (a) is round-trip transportation between the home of the 

2 family member (or home of the attendant or person pro3 vided transportation under paragraph (2) or (3) of sub4 section (a), as the case may be) and the location of the 

5 repatriation site at which the member is located. 

6 ‘‘(2) In addition to the transportation authorized by 

7 subsection (a), the Secretary concerned may provide a per 

8 diem allowance or reimbursement for the actual and nec9 essary expenses of the travel, or a combination thereof, 

10 but not to exceed the rates established for such allowances 

11 and expenses under section 404(d) of this title. 

12 ‘‘(3) The transportation authorized by subsection (a) 

13 may be provided by any of the means described in section 

14 411h(d)(1) of this title. 

15 ‘‘(4) An allowance under this subsection may be paid 

16 in advance. 

17 ‘‘(5) Reimbursement payable under this subsection 

18 may not exceed the cost of government-procured round19 trip air travel.’’. 

20 (2) The table of sections at the beginning of chapter 

21 7 of such title is amended by inserting after the item relat22 ing to section 411i the following new item:

‘‘411j. Travel and transportation allowances: transportation of family members 

incident to the repatriation of members held captive.’’.
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1 (b) CIVILIAN CAPTIVES.—(1) Chapter 57 of title 5, 

2 United States Code, is amended by adding at the end the 

3 following new section: 

4 ‘‘§ 5760. Travel and transportation allowances: trans5 portation of family members incident to 

6 the repatriation of employees held cap7 tive 

8 ‘‘(a) ALLOWANCE FOR FAMILY MEMBERS AND CER9 TAIN OTHERS.—(1) Under uniform regulations prescribed 

10 by the heads of agencies, travel and transportation de11 scribed in subsection (d) may be provided for not more 

12 than 3 family members of an employee described in sub13 section (b). 

14 ‘‘(2) In addition to the family members authorized 

15 to be provided travel and transportation under paragraph 

16 (1), the head of an agency may provide travel and trans17 portation described in subsection (d) to an attendant to 

18 accompany a family member described in subsection (b) 

19 if the head of an agency determines—

20 ‘‘(A) the family member to be accompanied is 

21 unable to travel unattended because of age, physical 

22 condition, or other reason determined by the head of 

23 the agency; and 
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1 ‘‘(B) no other family member who is eligible for 

2 travel and transportation under subsection (a) is 

3 able to serve as an attendant for the family member. 

4 ‘‘(3) If no family member of an employee described 

5 in subsection (b) is able to travel to the repatriation site 

6 of the employee, travel and transportation described in 

7 subsection (d) may be provided to not more than 2 persons 

8 related to and selected by the employee. 

9 ‘‘(b) COVERED EMPLOYEES.—An employee described 

10 in this subsection is an employee (as defined in section 

11 2105 of this title) who—

12 ‘‘(1) was held captive, as determined by the 

13 head of an agency concerned; and 

14 ‘‘(2) is repatriated to a site inside or outside 

15 the United States. 

16 ‘‘(c) ELIGIBLE FAMILY MEMBERS.—In this section, 

17 the term ‘family member’ has the meaning given the term 

18 in section 411h(b) of title 37. 

19 ‘‘(d) TRAVEL AND TRANSPORTATION AUTHOR20 IZED.—(1) The transportation authorized by subsection 

21 (a) is round-trip transportation between the home of the 

22 family member (or home of the attendant or person pro23 vided transportation under paragraph (2) or (3) of sub24 section (a), as the case may be) and the location of the 

25 repatriation site at which the employee is located. 
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1 ‘‘(2) In addition to the transportation authorized by 

2 subsection (a), the head of an agency may provide a per 

3 diem allowance or reimbursement for the actual and nec4 essary expenses of the travel, or a combination thereof, 

5 but not to exceed the rates established for such allowances 

6 and expenses under section 404(d) of title 37. 

7 ‘‘(3) The transportation authorized by subsection (a) 

8 may be provided by any of the means described in section 

9 411h(d)(1) of title 37. 

10 ‘‘(4) An allowance under this subsection may be paid 

11 in advance. 

12 ‘‘(5) Reimbursement payable under this subsection 

13 may not exceed the cost of government-procured round14 trip air travel.’’. 

15 (2) The table of sections at the beginning of chapter 

16 57 of such title is amended by adding at the end the fol17 lowing new item:

‘‘5760. Travel and transportation allowances: transportation of family members 

incident to the repatriation of employees held captive.’’.

18 Subtitle D—Retired Pay and 

19 Survivor Benefits 

20 SEC. 641. ENHANCEMENT OF DEATH GRATUITY AND LIFE 

21 INSURANCE BENEFITS FOR DEATHS FROM 

22 COMBAT-RELATED CAUSES OR CAUSES IN23 CURRED IN COMBAT OPERATIONS OR AREAS. 

24 (a) INCREASED AMOUNT OF DEATH GRATUITY.—
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1 (1) IN GENERAL.—Section 1478 of title 10, 

2 United States Code, is amended—

3 (A) in subsection (a), by inserting ‘‘, ex4 cept as provided in subsection (c)’’ after 

5 ‘‘$12,000’’; 

6 (B) by redesignating subsection (c) as sub7 section (d); and 

8 (C) by inserting after subsection (b) the 

9 following new subsection (c): 

10 ‘‘(c) The death gratuity payable under sections 1475 

11 through 1477 of this title is $100,000 in the case of a 

12 death resulting from wounds, injuries, or illnesses that 

13 are—

14 ‘‘(1) incurred as described in section 

15 1413a(e)(2) of this title; or 

16 ‘‘(2) incurred in an operation or area des17 ignated as a combat operation or a combat zone, re18 spectively, by the Secretary of Defense under section 

19 1967(e)(1)(A) of title 38.’’. 

20 (2) CONFORMING AMENDMENT.—Subsection (a) 

21 of such section, as amended by paragraph (1), is 

22 further amended by striking ‘‘(as adjusted under 

23 subsection (c))’’ and inserting ‘‘(as adjusted under 

24 subsection (d))’’. 
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1 (3) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall take effect on October 1, 

3 2005, immediately after the termination of the 

4 amendments made to section 1478 of title 10, 

5 United States Code, by the Emergency Supple6 mental Appropriations Act for Defense, the Global 

7 War on Terror, and Tsunami Relief, 2005 (Public 

8 Law 109–13), and shall apply with respect to deaths 

9 occurring on or after that date. 

10 (b) SERVICEMEMBERS’ GROUP LIFE INSURANCE EN11 HANCEMENTS.—

12 (1) INCREASED MAXIMUM AMOUNT OF SGLI.—

13 Section 1967 of title 38, United States Code, is 

14 amended—

15 (A) in subsection (a)(3)(A), by striking 

16 clause (i) and inserting the following new 

17 clause: 

18 ‘‘(i) In the case of a member—

19 ‘‘(I) $400,000 or such lesser amount as 

20 the member may elect as provided in subpara21 graph (B); 

22 ‘‘(II) in the case of a member covered by 

23 subsection (e), the amount provided for or elect24 ed by the member under subclause (I) plus the 
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1 additional amount of insurance provided for the 

2 member by subsection (e); or 

3 ‘‘(III) in the case of a member covered by 

4 subsection (e) who has made an election under 

5 paragraph (2)(A) not to be insured under this 

6 subchapter, the amount of insurance provided 

7 for the member by subsection (e).’’; and 

8 (B) in subsection (d), by striking 

9 ‘‘$250,000’’ and inserting ‘‘$400,000’’. 

10 (2) INCREMENTS OF DECREASED AMOUNTS

11 ELECTABLE BY MEMBERS.—Subsection (a)(3)(B) of 

12 such section is amended by striking ‘‘member or 

13 spouse’’ in the last sentence and inserting ‘‘member, 

14 be evenly divisible by $50,000 and, in the case of a 

15 member’s spouse’’. 

16 (3) ADDITIONAL AMOUNT FOR MEMBERS SERV17 ING IN CERTAIN AREAS OR OPERATIONS.—

18 (A) INCREASED AMOUNT.—Section 1967 

19 of such title is further amended—

20 (i) by redesignating subsection (e) as 

21 subsection (f); and 

22 (ii) by inserting after subsection (d) 

23 the following new subsection (e): 

24 ‘‘(e)(1) A member covered by this subsection is any 

25 member as follows: 
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1 ‘‘(A) Any member who dies as a result of one 

2 or more wounds, injuries, or illnesses incurred while 

3 serving in an operation or area that the Secretary of 

4 Defense designates, in writing, as a combat oper5 ation or a zone of combat, respectively, for purposes 

6 of this subsection. 

7 ‘‘(B) Any member who formerly served in an 

8 operation or area so designated and whose death is 

9 determined (under regulations prescribed by the Sec10 retary of Defense) to be the direct result of injury 

11 or illness incurred or aggravated while so serving. 

12 ‘‘(2) The additional amount of insurance under this 

13 subchapter that is provided for a member by this sub14 section is $150,000, except that in a case in which the 

15 amount provided for or elected by the member under sub16 section (a)(3)(A)(i)(I) exceeds $250,000, the additional 

17 amount of insurance under this subchapter that is pro18 vided for the member by this subsection shall be reduced 

19 to such amount as is necessary to comply with the limita20 tion in paragraph (3). 

21 ‘‘(3) The total amount of insurance payable for a 

22 member under this subchapter may not exceed $400,000. 

23 ‘‘(4) While a member is serving in an operation or 

24 area designated as described in paragraph (1), the cost 

25 of insurance of the member under this subchapter that 
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1 is attributable to $150,000 of insurance coverage shall, 

2 at the election of the Secretary concerned—

3 ‘‘(A) be contributed as provided in section 

4 1969(b)(2) of this title, rather through deduction or 

5 withholding from the member’s pay; or 

6 ‘‘(B) if deducted or withheld from the member’s 

7 pay, be reimbursed to the member through such 

8 mechanism as the Secretary concerned determines 

9 appropriate.’’. 

10 (B) FUNDING.—Section 1969(b) of such 

11 title is amended—

12 (i) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

13 (ii) by adding at the end the following 

14 new paragraph: 

15 ‘‘(2) For each month for which a member insured 

16 under this subchapter is serving in an operation or area 

17 designated as described by paragraph (1)(A) of section 

18 1967(e) of this title, there may, at the election of the Sec19 retary concerned under paragraph (4)(A) of such section, 

20 be contributed from the appropriation made for active 

21 duty pay of the uniformed service concerned an amount 

22 determined by the Secretary and certified to the Secretary 

23 concerned to be the cost of Servicemembers’ Group Life 

24 Insurance which is traceable to the cost of providing insur-
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1 ance for the member under section 1967 of this title in 

2 the amount of $150,000.’’. 

3 (4) CONFORMING AMENDMENT.—Section 

4 1967(a)(2)(A) of such title is amended by inserting 

5 before the period at the end the following: ‘‘, except 

6 with respect to insurance provided under paragraph 

7 (3)(A)(i)(III)’’. 

8 (5) COORDINATION WITH VGLI.—Section 

9 1977(a) of such title is amended—

10 (A) by striking ‘‘$250,000’’ each place it 

11 appears and inserting ‘‘$400,000’’; and 

12 (B) by adding at the end of paragraph (1) 

13 the following new sentence: ‘‘Any additional 

14 amount of insurance provided a member under 

15 section 1967(e) of this title may not be treated 

16 as an amount for which Veterans’ Group Life 

17 Insurance shall be issued under this section.’’. 

18 (6) REQUIREMENTS REGARDING ELECTIONS OF

19 MEMBERS TO REDUCE OR DECLINE INSURANCE.—

20 Section 1967(a) of such title is further amended—

21 (A) in paragraph (2), by adding at the end 

22 the following new subparagraph: 

23 ‘‘(C) Pursuant to regulations prescribed by the Sec24 retary of Defense, notice of an election of a member with 

25 a spouse not to be insured under this subchapter, or to 
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1 be insured under this subchapter in an amount less than 

2 the maximum amount provided under paragraph 

3 (3)(A)(i)(I), shall be provided to the spouse of the mem4 ber.’’; and 

5 (B) in paragraph (3), by adding at the end 

6 the following new subparagraph: 

7 ‘‘(D) Whenever a member who is not married elects 

8 not to be insured under this subchapter, or to be insured 

9 under this subchapter in an amount less than the max10 imum amount provided for under subparagraph (A)(i)(I), 

11 the Secretary concerned shall provide a notice of such elec12 tion to any person designated by the member as a bene13 ficiary or designated as the member’s next-of-kin for the 

14 purpose of emergency notification, as determined under 

15 regulations prescribed by the Secretary of Defense.’’. 

16 (7) REQUIREMENT REGARDING REDESIGNATION

17 OF BENEFICIARIES.—Section 1970 of such title is 

18 amended by adding at the end the following new 

19 subsection: 

20 ‘‘(j) A member with a spouse may not modify the ben21 eficiary or beneficiaries designated by the member under 

22 subsection (a) without providing written notice of such 

23 modification to the spouse.’’. 

24 (8) EFFECTIVE DATE.—This subsection and the 

25 amendments made by this subsection shall take ef-
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1 fect on October 1, 2005, immediately after the ter2 mination of the amendments made to sections 1967, 

3 1969, 1970, and 1977 of title 38, United States 

4 Code, by the Emergency Supplemental Appropria5 tions Act for Defense, the Global War on Terror, 

6 and Tsunami Relief, 2005 (Public Law 109–13).

7 Subtitle E—Other Matters 

8 SEC. 651. PAYMENT OF EXPENSES OF MEMBERS OF THE 

9 ARMED FORCES TO OBTAIN PROFESSIONAL 

10 CREDENTIALS. 

11 (a) PAYMENT AUTHORIZED.—Chapter 101 of title 

12 10, United States Code, is amended by inserting after sec13 tion 2007 the following new section: 

14 ‘‘§ 2007a. Payment of expenses of members of the 

15 armed forces to obtain professional cre16 dentials 

17 ‘‘(a) PAYMENT AUTHORIZED.—Except as provided in 

18 subsection (b), the Secretary of Defense may pay for—

19 ‘‘(1) expenses of members of the armed forces 

20 to obtain professional credentials, including expenses 

21 of professional accreditation, State-imposed and pro22 fessional licenses, and professional certification; and 

23 ‘‘(2) examinations to obtain such credentials. 

24 ‘‘(b) EXCEPTION.—The authority in subsection (a) 

25 may not be exercised on behalf of any member of the 
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1 armed forces for expenses to obtain the basic qualifica2 tions for membership in a profession or officer community. 

3 ‘‘(c) FUNDS AVAILABLE.—Funds appropriated or 

4 otherwise made available to the Secretary of Defense may 

5 be used to pay expenses under subsection (a).’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of such chapter is amended by adding 

8 at the end the following new item:

‘‘2007a. Payment of expenses of members of the armed forces to obtain professional credentials.’’.

9 SEC. 652. PILOT PROGRAM ON CONTRIBUTIONS TO THRIFT 

10 SAVINGS PLAN FOR INITIAL ENLISTEES IN 

11 THE ARMED FORCES. 

12 (a) PILOT PROGRAM REQUIRED.—During fiscal year 

13 2006, the Secretary of the Army shall carry out within 

14 the Army a pilot program in order to assess the extent 

15 to which contributions by the military departments to the 

16 Thrift Savings Fund on behalf of members of the Armed 

17 Forces described in subsection (b) would—

18 (1) assist the Armed Forces in recruiting ef19 forts; and 

20 (2) assist such members in establishing habits 

21 of financial responsibility during their initial enlist22 ments in the Armed Forces. 

23 (b) COVERED MEMBERS.—A member of the Armed 

24 Forces described in this subsection is a member of the 
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1 Armed Forces who is serving in the Armed Forces under 

2 an initial enlistment for a period of not less than two 

3 years. 

4 (c) CONTRIBUTIONS TO THRIFT SAVINGS FUND.—

5 (1) IN GENERAL.—The Secretary of the Army 

6 may make contributions to the Thrift Savings Fund 

7 on behalf of any participant in the pilot program 

8 under subsection (a) for any pay period during the 

9 period of the pilot program. 

10 (2) LIMITATIONS.—The amount of any con11 tributions made with respect to a member under 

12 paragraph (1) shall be subject to the provisions of 

13 section 8432(c) of title 5, United States Code. 

14 (d) REPORT.—

15 (1) IN GENERAL.—Not later than February 1, 

16 2007, the Secretary of Defense shall submit to the 

17 congressional defense committees a report on the 

18 pilot program under subsection (a). 

19 (2) ELEMENTS.—The report shall include the 

20 following: 

21 (A) A description of the pilot program, in22 cluding the number of members of the Army 

23 who participated in the pilot program and the 

24 contributions made by the Army to the Thrift 
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1 Savings Fund on behalf of such members dur2 ing the period of the pilot program. 

3 (B) An assessment, based on the pilot pro4 gram and taking into account the views of offi5 cers and senior enlisted personnel of the Army, 

6 and of field recruiters, of the extent to which 

7 contributions by the military departments to 

8 the Thrift Savings Fund on behalf of members 

9 of the Armed Forces similar to the participants 

10 in the pilot program—

11 (i) would enhance the recruiting ef12 forts of the Armed Forces; and 

13 (ii) would assist such members in es14 tablishing habits of financial responsibility 

15 during their initial enlistments in the 

16 Armed Forces.

17 TITLE VII—HEALTH CARE

18 Subtitle A—Benefits Matters 

19 SEC. 701. CLARIFICATION OF ELIGIBILITY OF RESERVE OF20 FICERS FOR HEALTH CARE PENDING ACTIVE 

21 DUTY FOLLOWING ISSUANCE OF ORDERS TO 

22 ACTIVE DUTY. 

23 Section 1074(a)(2)(B)(iii) of title 10, United States 

24 Code, is amended by inserting before the semicolon the 
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1 following: ‘‘, or the orders have been issued but the mem2 ber has not entered on active duty’’. 

3 SEC. 702. LIMITATION ON DEDUCTIBLE AND COPAYMENT 

4 REQUIREMENTS FOR NURSING HOME RESI5 DENTS UNDER THE PHARMACY BENEFITS 

6 PROGRAM. 

7 Section 1074g(a)(6) of title 10, United States Code, 

8 is amended by adding at the end the following new sub9 paragraph: 

10 ‘‘(C) In the case of a beneficiary who is a resident 

11 of a nursing home and who is required, by State law, to 

12 use nursing home pharmacy services utilizing pre-pack13 aged pharmaceuticals, any deductible or copayment re14 quirements for such pharmaceuticals under the cost shar15 ing requirements may not exceed such deductible or copay16 ment requirements as are applicable under the cost shar17 ing requirements to a beneficiary who uses a network pro18 vider pharmacy under the pharmacy benefits program.’’. 

19 SEC. 703. ELIGIBILITY OF SURVIVING ACTIVE DUTY 

20 SPOUSES OF DECEASED MEMBERS FOR EN21 ROLLMENT AS DEPENDENTS IN A TRICARE 

22 DENTAL PLAN. 

23 Section 1076a(k)(2) of title 10, United States Code, 

24 is amended—
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1 (1) by striking ‘‘under subsection (f), or’’ and 

2 inserting ‘‘under subsection (f),’’; and 

3 (2) by inserting after ‘‘is not enrolled because 

4 the dependent is a child under the minimum age for 

5 enrollment,’’ the following: ‘‘or is not enrolled be6 cause the dependent is a spouse who did not qualify 

7 for enrollment on the date of the member’s death be8 cause the spouse was also on active duty for a period 

9 of more than 30 days on the date of the member’s 

10 death,’’. 

11 SEC. 704. INCREASED PERIOD OF CONTINUED TRICARE 

12 PRIME COVERAGE OF CHILDREN OF MEM13 BERS OF THE UNIFORMED SERVICES WHO 

14 DIE WHILE SERVING ON ACTIVE DUTY FOR A 

15 PERIOD OF MORE THAN 30 DAYS. 

16 (a) PERIOD OF ELIGIBILITY.—Section 1079(g) of 

17 title 10, United States Code, is amended—

18 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; 

19 (2) by striking the second sentence; and 

20 (3) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) In addition to any continuation of eligibility for 

23 benefits under paragraph (1), when a member dies while 

24 on active duty for a period of more than 30 days, the 

25 member’s dependents who are receiving benefits under a 
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1 plan covered by subsection (a) shall continue to be eligible 

2 for benefits under TRICARE Prime during the three-year 

3 period beginning on the date of the member’s death, ex4 cept that, in the case of such a dependent of the deceased 

5 who is described by subparagraph (D) or (I) of section 

6 1072(2) of this title, the period of continued eligibility 

7 shall be the longer of the following periods beginning on 

8 such date: 

9 ‘‘(A) Three years. 

10 ‘‘(B) The period ending on the date on which 

11 such dependent attains 21 years of age. 

12 ‘‘(C) In the case of such a dependent who, at 

13 21 years of age, is enrolled in a full-time course of 

14 study in a secondary school or in a full-time course 

15 of study in an institution of higher education ap16 proved by the administering Secretary and was, at 

17 the time of the member’s death, in fact dependent 

18 on the member for over one-half of such dependent’s 

19 support, the period ending on the earlier of the fol20 lowing dates: 

21 ‘‘(i) The date on which such dependent 

22 ceases to pursue such a course of study, as de23 termined by the administering Secretary. 

24 ‘‘(ii) The date on which such dependent at25 tains 23 years of age. 
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1 ‘‘(3) For the purposes of paragraph (2)(C), a depend2 ent shall be treated as being enrolled in a full-time course 

3 of study in an institution of higher education during any 

4 reasonable period of transition between the dependent’s 

5 completion of a full-time course of study in a secondary 

6 school and the commencement of an enrollment in a full7 time course of study in an institution of higher education, 

8 as determined by the administering Secretary. 

9 ‘‘(4) The terms and conditions under which health 

10 benefits are provided under this chapter to a dependent 

11 of a deceased member under paragraph (2) shall be the 

12 same as those that would apply to the dependent under 

13 this chapter if the member were living and serving on ac14 tive duty for a period of more than 30 days. 

15 ‘‘(5) In this subsection, the term ‘TRICARE Prime’ 

16 means the managed care option of the TRICARE pro17 gram.’’.

18 (b) EFFECTIVE DATE.—The amendments made by 

19 subsection (a) shall take effect on October 7, 2001, and 

20 shall apply with respect to deaths occurring on or after 

21 that date.
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1 Subtitle B—Planning, 

2 Programming, and Management 

3 SEC. 711. TRICARE STANDARD COORDINATORS IN TRICARE 

4 REGIONAL OFFICES. 

5 (a) COORDINATOR IN EACH REGIONAL OFFICE.—

6 (1) IN GENERAL.—In each TRICARE Regional 

7 Office there shall be a position the responsibilities of 

8 which shall be the monitoring, oversight, and im9 provement of the TRICARE Standard option in the 

10 TRICARE region concerned. 

11 (2) DESIGNATION.—The position under para12 graph (1) in a TRICARE Regional Office shall be 

13 filled by an individual in such Regional Office des14 ignated for that purpose. 

15 (b) DUTIES OF POSITION.—

16 (1) IN GENERAL.—The specific duties of the 

17 positions required under subsection (a) shall be as 

18 set forth in regulations prescribed by the Secretary 

19 of Defense, in consultation with the other admin20 istering Secretaries. 

21 (2) ELEMENTS.—The duties shall include—

22 (A) identifying health care providers who 

23 will participate in the TRICARE program and 

24 provide the TRICARE Standard option under 

25 that program; 
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1 (B) communicating with beneficiaries who 

2 receive the TRICARE Standard option; 

3 (C) outreach to community health care 

4 providers to encourage their participation in the 

5 TRICARE program; and 

6 (D) publication of information that identi7 fies health care providers in the TRICARE re8 gion concerned who provide the TRICARE 

9 Standard option. 

10 (c) REPORT.—Not later than 90 days after the date 

11 of the enactment of this Act, the Secretary shall submit 

12 to the congressional defense committees a report setting 

13 forth the plans to implement the requirements of the sec14 tion. 

15 (d) DEFINITIONS.—In this section: 

16 (1) The terms ‘‘administering Secretaries’’ and 

17 ‘‘TRICARE program’’ have the meaning given such 

18 terms in section 1072 of title 10, United States 

19 Code. 

20 (2) The term ‘‘TRICARE Standard’’ means the 

21 Civilian Health and Medical Program of the Uni22 formed Services option under the TRICARE pro23 gram. 
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1 SEC. 712. REPORT ON DELIVERY OF HEALTH CARE BENE2 FITS THROUGH MILITARY HEALTH CARE SYS3 TEM. 

4 (a) REPORT REQUIRED.—Not later than February 1, 

5 2007, the Secretary of Defense shall submit to the con6 gressional defense committees a report on the delivery of 

7 health care benefits through the military health care sys8 tem. 

9 (b) ELEMENTS.—The report under subsection (a) 

10 shall include the following: 

11 (1) An analysis of the organization and costs of 

12 delivering health care benefits to current and retired 

13 members of the Armed Forces and their families. 

14 (2) An analysis of the costs of ensuring medical 

15 readiness throughout the Armed Forces in support 

16 of national security objectives. 

17 (3) An assessment of the role of health benefits 

18 in the recruitment and retention of members of the 

19 Armed Forces, whether in the regular components or 

20 the reserve components of the Armed Forces. 

21 (4) An assessment of the experience of the mili22 tary departments during fiscal years 2003, 2004, 

23 and 2005 in recruitment and retention of military 

24 and civilian medical and dental personnel, whether 

25 in the regular components or the reserve components 
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1 of the Armed Forces, in light of military and civilian 

2 medical manpower requirements. 

3 (5) A description of requirements for graduate 

4 medical education for military medical care providers 

5 and options for meeting such requirements, includ6 ing civilian medical training programs. 

7 (c) RECOMMENDATIONS.—In addition to the matters 

8 specified in subsection (b), the report under subsection (a) 

9 shall also include such recommendations for legislative or 

10 administrative action as the Secretary considers necessary 

11 to improve efficiency and quality in the provision of health 

12 care benefits through the military health care system, in13 cluding recommendations on—

14 (1) the organization and delivery of health care 

15 benefits; 

16 (2) mechanisms required to measure costs more 

17 accurately; 

18 (3) mechanisms required to measure quality of 

19 care, and access to care, more accurately; 

20 (4) other improvements in the efficiency of the 

21 military health care system; and 

22 (5) any other matters the Secretary considers 

23 appropriate to improve the efficiency and quality of 

24 military health care benefits. 
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1 SEC. 713. COMPTROLLER GENERAL REPORT ON DIFFEREN2 TIAL PAYMENTS TO CHILDREN’S HOSPITALS 

3 FOR HEALTH CARE FOR CHILDREN DEPEND4 ENTS UNDER TRICARE. 

5 (a) STUDY.—The Comptroller General of the United 

6 States shall conduct a study of the effectiveness of the 

7 current system of differential payments to children’s hos8 pitals for health care services for severely ill dependent 

9 children of members of the uniformed services under the 

10 TRICARE program in achieving the objective of securing 

11 adequate health care services for such dependent children 

12 under that program. 

13 (b) ELEMENTS OF STUDY.—The study required by 

14 subsection (a) shall include the following: 

15 (1) A description of the current participation of 

16 children’s hospitals in the TRICARE program. 

17 (2) An assessment of the current system of dif18 ferential payments to children’s hospitals for health 

19 care services described in that subsection, including 

20 an assessment of—

21 (A) the extent to which the calculation of 

22 such differential payments takes into account 

23 the complexity and extraordinary resources re24 quired for the provision of such health care 

25 services; 
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1 (B) the extent to which such differential 

2 payments provide appropriate compensation to 

3 such hospitals for the provision of such services; 

4 and 

5 (C) any obstacles or challenges to the de6 velopment of future modifications to the system 

7 of differential payments. 

8 (3) An assessment of the adequacy of the ac9 cess of dependent children described in that sub10 section to specialized hospital services for their ill11 nesses under the TRICARE program. 

12 (c) REPORTS.—Not later than May 1, 2006, the 

13 Comptroller General shall submit to the Secretary of De14 fense and the congressional defense committees a report 

15 on the study required by subsection (a), together with such 

16 recommendations, if any, as the Comptroller General con17 siders appropriate for modifications of the current system 

18 of differential payments to children’s hospitals in order to 

19 achieve the objective described in that subsection. 

20 (d) TRANSMITTAL TO CONGRESS.—

21 (1) IN GENERAL.—Not later than November 1, 

22 2006, the Secretary of Defense shall transmit to the 

23 congressional defense committees the report sub24 mitted by the Comptroller General to the Secretary 

25 under subsection (c). 
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1 (2) IMPLEMENTATION OF MODIFICATIONS.—If 

2 the report under paragraph (1) includes rec3 ommendations of the Comptroller General for modi4 fications of the current system of differential pay5 ments to children’s hospitals, the Secretary shall 

6 transmit with the report—

7 (A) a proposal for such legislative or ad8 ministration action as may be required to im9 plement such modifications; and 

10 (B) an assessment and estimate of the 

11 costs associated with the implementation of 

12 such modifications. 

13 (e) DEFINITIONS.—In this section: 

14 (1) DIFFERENTIAL PAYMENTS TO CHILDREN’S

15 HOSPITALS.—The term ‘‘differential payments to 

16 children’s hospitals’’ means the additional amounts 

17 paid to children’s hospitals under the TRICARE 

18 program for health care procedures for severely ill 

19 children in order to take into account the additional 

20 costs associated with such procedures for such chil21 dren when compared with the costs associated with 

22 such procedures for adults and other children. 

23 (2) TRICARE PROGRAM.—The term 

24 ‘‘TRICARE program’’ has the meaning given that 
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1 term in section 1072(7) of title 10, United States 

2 Code. 

3 SEC. 714. REPEAL OF REQUIREMENT FOR COMPTROLLER 

4 GENERAL REVIEWS OF CERTAIN DEPART5 MENT OF DEFENSE-DEPARTMENT OF VET6 ERANS AFFAIRS PROJECTS ON SHARING OF 

7 HEALTH CARE RESOURCES. 

8 (a) JOINT INCENTIVES PROGRAM.—Section 8111(d) 

9 of title 38, United States Code, is amended—

10 (1) by striking paragraph (3); and 

11 (2) by redesignating paragraph (4) as para12 graph (3). 

13 (b) HEALTH CARE RESOURCES SHARING AND CO14 ORDINATION PROJECT.—Section 722 of the Bob Stump 

15 National Defense Authorization Act for Fiscal Year 2003 

16 (Public Law 107–314; 116 Stat. 2595; 38 U.S.C. 8111 

17 note) is amended—

18 (1) by striking subsection (h); 

19 (2) by redesignating subsection (i) as subsection 

20 (h); and 

21 (3) in paragraph (2) of subsection (h), as so re22 designated, by striking ‘‘based on recommendations’’ 

23 and all that follows and inserting ‘‘as determined by 

24 the Secretaries based on information available to the 

25 Secretaries to warrant such action.’’. 
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1 SEC. 715. SURVEYS ON TRICARE STANDARD. 

2 Section 723(a) of the National Defense Authorization 

3 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

4 1532; 10 U.S.C. 1073 note) is amended by adding at the 

5 end the following new paragraph: 

6 ‘‘(4) The surveys required by paragraph (1) shall in7 clude questions designed to determine from health care 

8 providers participating in such surveys whether such pro9 viders are aware of the TRICARE program, what percent10 age of the current patient population of such providers re11 ceive any benefit option under the TRICARE program, 

12 and whether such providers accept patients under the 

13 medicare program or new patients under the medicare 

14 program.’’. 

15 SEC. 716. MODIFICATION OF HEALTH CARE QUALITY IN16 FORMATION AND TECHNOLOGY ENHANCE17 MENT REPORT REQUIREMENTS. 

18 Section 723(e) of the National Defense Authorization 

19 Act for Fiscal Year 2000 (10 U.S.C. 1071 note) is amend20 ed by striking paragraphs (1) through (4) and inserting 

21 the following new paragraphs: 

22 ‘‘(1) Quality measures, including structure, 

23 process, and outcomes concerning—

24 ‘‘(A) patient safety; 

25 ‘‘(B) timeliness and accessibility of care; 

26 ‘‘(C) patient satisfaction; and 
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1 ‘‘(D) the use of evidence-based practices. 

2 ‘‘(2) Population health. 

3 ‘‘(3) Biosurveillance.’’. 

4 SEC. 717. MODIFICATION OF AUTHORITIES RELATING TO 

5 PATIENT CARE REPORTING AND MANAGE6 MENT SYSTEM. 

7 (a) REPEAL OF REQUIREMENT TO LOCATE DEPART8 MENT OF DEFENSE PATIENT SAFETY CENTER WITHIN

9 ARMED FORCES INSTITUTE OF PATHOLOGY.—Subsection 

10 (c)(3) of section 754 of the Floyd D. Spence National De11 fense Authorization Act for Fiscal Year 2001 (as enacted 

12 into lay by Public Law 106–398; 114 Stat. 1654A–196) 

13 is amended by striking ‘‘within the Armed Forces Institute 

14 of Pathology’’. 

15 (b) RENAMING OF MEDTEAMS PROGRAM.—The cap16 tion of subsection (d) of such section is amended by strik17 ing ‘‘MEDTEAMS’’ and inserting ‘‘MEDICAL TEAM TRAIN18 ING’’.

19 Subtitle C—Other Matters 

20 SEC. 731. REPORT ON ADVERSE HEALTH EVENTS ASSOCI21 ATED WITH USE OF ANTI-MALARIAL DRUGS. 

22 (a) STUDY REQUIRED.—

23 (1) IN GENERAL.—The Secretary of Defense 

24 shall conduct a study of adverse health events that 
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1 may be associated with use of anti-malarial drugs, 

2 including mefloquine. 

3 (2) PARTICIPATION OF CERTAIN RESEARCH4 ERS.—The Secretary shall ensure the participation 

5 in the study of epidemiological and clinical research6 ers of the Federal Government outside the Depart7 ment of Defense, and of epidemiological and clinical 

8 researchers outside the Federal Government. 

9 (b) MATTERS COVERED.—The study required by sub10 section (a) shall include the following: 

11 (1) A comparison of adverse health events that 

12 may be associated with different anti-malarial drugs, 

13 including mefloquine. 

14 (2) An analysis of the extent to which 

15 mefloquine may be a risk factor contributing to sui16 cides among members of the Armed Forces. 

17 (c) REPORT.—Not later than one year after the date 

18 of the enactment of this Act, the Secretary shall submit 

19 to the congressional defense committees a report on the 

20 study required by subsection (a). 
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1 SEC. 732. PILOT PROJECTS ON EARLY DIAGNOSIS AND 

2 TREATMENT OF POST TRAUMATIC STRESS 

3 DISORDER AND OTHER MENTAL HEALTH 

4 CONDITIONS. 

5 (a) PILOT PROJECTS REQUIRED.—The Secretary of 

6 Defense shall carry out not less than three pilot projects 

7 to evaluate the efficacy of various approaches to improving 

8 the capability of the military and civilian health care sys9 tems to provide early diagnosis and treatment of Post 

10 Traumatic Stress Disorder (PTSD) and other mental 

11 health conditions. 

12 (b) PILOT PROJECT REQUIREMENTS.—

13 (1) MOBILIZATION–DEMOBILIZATION FACIL14 ITY.—

15 (A) IN GENERAL.—One of the pilot 

16 projects under subsection (a) shall be carried 

17 out at a military medical facility at a large mili18 tary installation at which the mobilization or 

19 demobilization of members of the Armed Forces 

20 occurs. 

21 (B) ELEMENTS.—The pilot project under 

22 this paragraph shall be designed to evaluate 

23 and produce effective diagnostic and treatment 

24 approaches for use by primary care providers in 

25 the military health care system in order to im26 prove the capability of such providers to diag-
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1 nose and treat Post Traumatic Stress Disorder 

2 in a manner that avoids the referral of patients 

3 to specialty care by a psychiatrist or other men4 tal health professional. 

5 (2) NATIONAL GUARD OR RESERVE FACILITY.—

6 (A) IN GENERAL.—One of the pilot 

7 projects under subsection (a) shall be carried 

8 out at the location of a National Guard or Re9 serve unit or units that are located more than 

10 40 miles from a military medical facility and 

11 whose personnel are served primarily by civilian 

12 community health resources. 

13 (B) ELEMENTS.—The pilot project under 

14 this paragraph shall be designed—

15 (i) to evaluate approaches for pro16 viding evidence-based clinical information 

17 on Post Traumatic Stress Disorder to civil18 ian primary care providers; and 

19 (ii) to develop educational materials 

20 and other tools for use by members of the 

21 National Guard or Reserve who come into 

22 contact with other members of the Na23 tional Guard or Reserve who may suffer 

24 from Post Traumatic Stress Disorder in 
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1 order to encourage and facilitate early re2 porting and referral for treatment. 

3 (3) INTERNET-BASED DIAGNOSIS AND TREAT4 MENT.—One of the pilot projects under subsection 

5 (a) shall be designed to evaluate—

6 (A) Internet-based automated tools avail7 able to military and civilian health care pro8 viders for the early diagnosis and treatment of 

9 Post Traumatic Stress Disorder, and for track10 ing patients who suffer from Post Traumatic 

11 Stress Disorder; and 

12 (B) Internet-based tools available to family 

13 members of members of the Armed Forces in 

14 order to assist such family members in the 

15 identification of the emergence of Post Trau16 matic Stress Disorder. 

17 (c) REPORT.—Not later than June 1, 2006, the Sec18 retary shall submit to the congressional defense commit19 tees a report on the pilot projects to be carried out under 

20 this section. The report shall include a description of each 

21 such pilot project, including the location of the pilot 

22 projects under paragraphs (2) and (3) of subsection (b), 

23 and the scope and objectives of each such pilot project.
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS

5 Subtitle A—Acquisition Policy and 

6 Management 

7 SEC. 801. INTERNAL CONTROLS FOR PROCUREMENTS ON 

8 BEHALF OF THE DEPARTMENT OF DEFENSE. 

9 (a) INSPECTOR GENERAL REVIEWS AND DETER10 MINATIONS.—

11 (1) IN GENERAL.—For each non-defense agency 

12 of the Federal Government that procured property 

13 or services in excess of $100,000,000 on behalf of 

14 the Department of Defense during fiscal year 2005, 

15 the Inspector General of the Department of Defense 

16 and the Inspector General of such non-defense agen17 cy shall, not later than March 15, 2006, jointly—

18 (A) review—

19 (i) the procurement policies, proce20 dures, and internal controls of such non21 defense agency that are applicable to the 

22 procurement of property and services on 

23 behalf of the Department by such non-de24 fense agency; and 
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1 (ii) the administration of those poli2 cies, procedures, and internal controls; and 

3 (B) determine in writing whether—

4 (i) such non-defense agency is compli5 ant with defense procurement require6 ments; 

7 (ii) such non-defense agency is not 

8 compliant with defense procurement re9 quirements, but made significant progress 

10 during 2005 toward ensuring compliance 

11 with defense procurement requirements; or 

12 (iii) neither of the conclusions stated 

13 in clauses (i) and (ii) is correct in the case 

14 of such non-defense agency. 

15 (2) ACTIONS FOLLOWING CERTAIN DETERMINA16 TIONS.—If the Inspectors General determine under 

17 paragraph (1) that the conclusion stated in clause 

18 (ii) or (iii) of subparagraph (B) of such paragraph 

19 is correct in the case of a non-defense agency, those 

20 Inspectors General shall, not later than March 15, 

21 2007, jointly—

22 (A) conduct a second review, as described 

23 in paragraph (1)(A), regarding such non-de24 fense agency’s procurement of property or serv-
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1 ices on behalf of the Department of Defense in 

2 fiscal year 2006; and 

3 (B) determine in writing whether such 

4 non-defense agency is or is not compliant with 

5 defense procurement requirements. 

6 (b) COMPLIANCE WITH DEFENSE PROCUREMENT

7 REQUIREMENTS.—For the purposes of this section, a non8 defense agency is compliant with defense procurement re9 quirements if such non-defense agency’s procurement poli10 cies, procedures, and internal controls applicable to the 

11 procurement of products and services on behalf of the De12 partment of Defense, and the manner in which they are 

13 administered, are adequate to ensure such non-defense 

14 agency’s compliance with the requirements of laws and 

15 regulations that apply to procurements of property and 

16 services made directly by the Department of Defense. 

17 (c) MEMORANDA OF UNDERSTANDING BETWEEN IN18 SPECTORS GENERAL.—

19 (1) IN GENERAL.—Not later than 30 days after 

20 the date of the enactment of this Act, the Inspector 

21 General of the Department of Defense and the In22 spector General of each non-defense agency referred 

23 to in subsection (a) shall enter into a memorandum 

24 of understanding with each other to carry out the 
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1 reviews and make the determinations required by 

2 this section. 

3 (2) SCOPE OF MEMORANDA.—The Inspector 

4 General of the Department of Defense and the In5 spector General of a non-defense agency may by mu6 tual agreement conduct separate reviews of the pro7 curement of property and services on behalf of the 

8 Department of Defense that are conducted by sepa9 rate business units, or under separate government10 wide acquisition contracts, of such non-defense agen11 cy. In any case where such separate reviews are con12 ducted, the Inspectors General shall make separate 

13 determinations under paragraphs (1) and (2) of sub14 section (a), as applicable, with respect to each such 

15 separate review. 

16 (d) LIMITATIONS ON PROCUREMENTS ON BEHALF OF

17 DEPARTMENT OF DEFENSE.—

18 (1) LIMITATION DURING REVIEW PERIOD.—

19 After March 15, 2006, and before March 16, 2007, 

20 no official of the Department of Defense may, except 

21 as provided in subsection (e) or (f), order, purchase, 

22 or otherwise procure property or services in an 

23 amount in excess of $100,000 through a non-defense 

24 agency for which a determination described in para-
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1 graph (1)(B)(iii) of subsection (a) has been made 

2 under that subsection. 

3 (2) LIMITATION AFTER REVIEW PERIOD.—After 

4 March 15, 2007, no official of the Department of 

5 Defense may, except as provided in subsection (e) or 

6 (f), order, purchase, or otherwise procure property 

7 or services in an amount in excess of $100,000 

8 through a non-defense agency that, having been sub9 ject to review under this section, has not been deter10 mined under this section as being compliant with de11 fense procurement requirements. 

12 (e) EXCEPTION FROM APPLICABILITY OF LIMITA13 TIONS.—

14 (1) EXCEPTION.—No limitation applies under 

15 subsection (d) with respect to the procurement of 

16 property and services on behalf of the Department 

17 of Defense by a particular non-defense agency dur18 ing any period that there is in effect a determination 

19 of the Under Secretary of Defense for Acquisition, 

20 Technology, and Logistics, made in writing, that it 

21 is necessary in the interest of the Department of De22 fense to continue to procure property and services 

23 through such non-defense agency. 

24 (2) APPLICABILITY OF DETERMINATION.—A 

25 written determination with respect to a non-defense 
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1 agency under paragraph (1) is in effect for the pe2 riod, not in excess of one year, that the Under Sec3 retary of Defense for Acquisition, Technology, and 

4 Logistics shall specify in the written determination. 

5 The Under Secretary may extend from time to time, 

6 for up to one year at a time, the period for which 

7 the written determination remains in effect. 

8 (f) TERMINATION OF APPLICABILITY OF LIMITA9 TIONS.—Subsection (d) shall cease to apply to a non-de10 fense agency on the date on which the Inspector General 

11 of the Department of Defense and the Inspector General 

12 of that agency jointly—

13 (1) determine that such non-defense agency is 

14 compliant with defense procurement requirements; 

15 and 

16 (2) notify the Secretary of Defense of that de17 termination. 

18 (g) IDENTIFICATION OF PROCUREMENTS MADE

19 DURING A PARTICULAR FISCAL YEAR.—For the purposes 

20 of subsection (a), a procurement shall be treated as being 

21 made during a particular fiscal year to the extent that 

22 funds are obligated by the Department of Defense for that 

23 procurement in that fiscal year. 

24 (h) INAPPLICABILITY TO CERTAIN GSA CON25 TRACTS.—This section does not apply as follows: 
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1 (1) To Client Support Centers of the Federal 

2 Technology Service of the General Services Adminis3 tration, which are subject to review under section 

4 802 of the Ronald W. Reagan National Defense Au5 thorization Act for Fiscal Year 2005 (Public Law 

6 108–375; 118 Stat. 2004; 10 U.S.C. 2302). 

7 (2) To any purchase through the multiple 

8 award schedules established by the Administrator of 

9 General Services, as described in section 2302(2)(C) 

10 of title 10, United States Code, unless such pur11 chase is made through—

12 (A) a non-defense agency other than the 

13 General Services Administration; or 

14 (B) a business unit of the General Services 

15 Administration that is not responsible for ad16 ministering the multiple award schedules pro17 gram. 

18 (i) DEFINITIONS.—In this section: 

19 (1) The term ‘‘non-defense agency’’ means a 

20 department or agency of the Federal Government 

21 outside the Department of Defense, except as ex22 cluded under subsection (h). 

23 (2) The term ‘‘governmentwide acquisition con24 tract’’, with respect to a non-defense agency, means 

25 a task or delivery order contract that—
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1 (A) is entered into by the non-defense 

2 agency; and 

3 (B) may be used as the contract under 

4 which property or services are procured for one 

5 or more other departments or agencies of the 

6 Federal Government. 

7 SEC. 802. CONTRACT SUPPORT ACQUISITION CENTERS. 

8 (a) ESTABLISHMENT.—

9 (1) ORGANIZATION; DUTIES.—Subchapter I of 

10 chapter 8 of title 10, United States Code, is amend11 ed by adding at the end the following new section: 

12 ‘‘§ 197. Contract Support Acquisition Centers 

13 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of De14 fense shall establish within the Defense Logistics Agency 

15 a Defense Contract Support Acquisition Center. 

16 ‘‘(2) The Secretary of each military department shall 

17 establish a Contract Support Acquisition Center for that 

18 military department. 

19 ‘‘(b) DIRECTOR.—(1) The Director of a Contract 

20 Support Acquisition Center is the head of the Center. 

21 ‘‘(2)(A) The Secretary of Defense shall appoint the 

22 Director of the Defense Contract Support Acquisition 

23 Center. 
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1 ‘‘(B) The Secretary of a military department shall 

2 appoint the Director of the Contract Support Acquisition 

3 Center of that department. 

4 ‘‘(3) The Director of a Contract Support Acquisition 

5 Center shall be selected from among commissioned officers 

6 of the armed forces on active duty and senior civilian offi7 cers and employees of the Department of Defense who 

8 have substantial experience in the acquisition of contract 

9 services. 

10 ‘‘(c) DUTIES REGARDING ACQUISITIONS.—(1)(A) 

11 The Director of the Defense Contract Support Acquisition 

12 Center shall act as the executive agent within the Depart13 ment of Defense for each acquisition of contract services 

14 in excess of the simplified acquisition threshold for the De15 partment of Defense, other than an acquisition referred 

16 to in subparagraph (B). 

17 ‘‘(B) The Director of the Contract Support Acquisi18 tion Center of a military department shall act as the exec19 utive agent within that military department for each ac20 quisition of contract services in excess of the simplified 

21 acquisition threshold for such military department. 

22 ‘‘(2) In carrying out paragraph (1), the Director of 

23 a Center shall—

24 ‘‘(A) develop and maintain policies, procedures, 

25 and best practices guidelines addressing the acquisi-
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1 tion of contract services for the Secretary appointing 

2 the Director, including policies, procedures, and best 

3 practices guidelines for—

4 ‘‘(i) acquisition planning; 

5 ‘‘(ii) solicitation and contract award; 

6 ‘‘(iii) requirements development and man7 agement; 

8 ‘‘(iv) contract tracking and oversight; 

9 ‘‘(v) performance evaluation; and 

10 ‘‘(vi) risk management; 

11 ‘‘(B) assign responsibility for carrying out the 

12 acquisition of contract services to employees of the 

13 Center and other appropriate organizational ele14 ments under the jurisdiction of that Secretary; 

15 ‘‘(C) dedicate fulltime commodity managers to 

16 coordinate the acquisition of key categories of serv17 ices; 

18 ‘‘(D) ensure that contract services being ac19 quired to meet the Secretary’s requirements for 

20 those services are acquired by means of a contract, 

21 or a task or delivery order, that—

22 ‘‘(i) is in the best interests of the Depart23 ment of Defense or, in the case of the Director 

24 of the Center for a military department, the 

25 best interests of that military department; and 
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1 ‘‘(ii) is entered into or issued, and is man2 aged, in compliance with applicable laws, regu3 lations, and directives, and other applicable re4 quirements; 

5 ‘‘(E) ensure that competitive procedures and 

6 performance-based contracting are used to the max7 imum extent practicable for the acquisition of con8 tract services for that Secretary; and 

9 ‘‘(F) monitor data collection under section 

10 2330a of this title and periodically conduct a spend11 ing analysis to ensure that funds expended for the 

12 acquisition of contract services for the Secretary are 

13 being expended in the most rational and economical 

14 manner practicable. 

15 ‘‘(d) DUTIES REGARDING ACQUISITION PER16 SONNEL.—The Directors of the Contract Support Acquisi17 tion Centers shall work with appropriate officials of the 

18 Department of Defense—

19 ‘‘(1) to identify the critical skills and com20 petencies needed to carry out the acquisition of con21 tract services on behalf of the Department of De22 fense; and 

23 ‘‘(2) to develop a comprehensive strategy for re24 cruiting, training, and deploying employees to meet 

25 the requirements for those skills and competencies. 
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1 ‘‘(e) SCOPE OF AUTHORITY.—The authority of the 

2 Director of a Contract Support Acquisition Center under 

3 this section applies to acquisitions in excess of the sim4 plified acquisition threshold. 

5 ‘‘(f) EXCLUSIVITY OF AUTHORITY.—(1) After Sep6 tember 30, 2009, no officer or employee of the Federal 

7 Government outside the Defense Contract Support Acqui8 sition Center may, without the prior written approval of 

9 the Director of the Center or the Secretary of Defense, 

10 engage in a procurement action for the acquisition of con11 tract services for the Department of Defense that is valued 

12 in excess of the simplified acquisition threshold, other than 

13 a procurement action covered by paragraph (2). 

14 ‘‘(2) After September 30, 2009, no officer or em15 ployee of the Federal Government outside the Contract 

16 Support Acquisition Center of a military department may, 

17 without the prior written approval of the Director of the 

18 Center, the Secretary of Defense, or the Secretary of that 

19 military department, engage in a procurement action for 

20 the acquisition of contract services for that military de21 partment that is valued in excess of the simplified acquisi22 tion threshold. 

23 ‘‘(3) In this subsection, the term ‘procurement action’ 

24 includes the following actions: 
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1 ‘‘(A) Entry into a contract or any other form 

2 of agreement. 

3 ‘‘(B) Issuance of a task order, delivery order, or 

4 military interdepartmental purchase request. 

5 ‘‘(g) STAFF AND SUPPORT.—(1) The Secretary ap6 pointing the Director of a Contract Support Acquisition 

7 Center shall ensure that the Director of the Center is pro8 vided a staff and administrative support that are adequate 

9 for the Director to perform the duties of the position 

10 under this section effectively. 

11 ‘‘(2) The Secretary of Defense may transfer to the 

12 Defense Contract Support Acquisition Center any per13 sonnel within the Department of Defense whose principal 

14 duty is the acquisition of contract services for the Depart15 ment of Defense. 

16 ‘‘(3) The Secretary of a military department may 

17 transfer to the Contract Support Acquisition Center of 

18 that military department any personnel within such mili19 tary department whose principal duty is the acquisition 

20 of contract services for that military department. 

21 ‘‘(h) TRANSFERS OF NONDEFENSE ORGANIZA22 TIONS.—(1) Except as provided in paragraph (5), the Sec23 retary of Defense may accept from the head of a depart24 ment or agency outside the Department of Defense a 

25 transfer to any of the Contract Support Acquisition Cen-
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1 ters of all or part of any organizational unit of such other 

2 department or agency that is primarily engaged in the ac3 quisition of contract services if, during the most recent 

4 year for which data are available before such transfer, 

5 more than 50 percent of the contract services acquired by 

6 such organizational unit (determined on the basis of cost) 

7 were acquired on behalf of the Department of Defense. 

8 ‘‘(2) The head of a department or agency outside the 

9 Department of Defense may transfer in accordance with 

10 this section an organizational unit that is authorized to 

11 be accepted under paragraph (1). 

12 ‘‘(3) A transfer under this subsection may be made 

13 and accepted only pursuant to a memorandum of under14 standing that is entered into by the head of the depart15 ment or agency making the transfer and the Secretary of 

16 Defense. 

17 ‘‘(4) A transfer of an organizational unit under this 

18 section shall include the transfer of the personnel of such 

19 organizational unit, the assets of such organizational unit, 

20 and the contracts of such organizational unit, to the extent 

21 provided in the memorandum of understanding governing 

22 the transfer of the unit. 

23 ‘‘(5) This section does not authorize a transfer of the 

24 multiple award schedule program of the General Services 
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1 Administration described in section 2302(2)(C) of this 

2 title. 

3 ‘‘(i) SIMPLIFIED ACQUISITION THRESHOLD.—In this 

4 section, the term ‘simplified acquisition threshold’ has the 

5 meaning given that term in section 2302(7) of this title.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such subchapter is amend8 ed by adding at the end the following new item:

‘‘197. Contract Support Acquisition Centers.’’.

9 (b) IMPLEMENTATION.—

10 (1) PHASED IMPLEMENTATION OF DIRECTOR’S

11 AUTHORITY TO ACT AS EXECUTIVE AGENT.—Not12 withstanding subsections (c)(1) and (e) of section 

13 197 of title 10, United States Code (as added by 

14 subsection (a)), the authority of the Director of a 

15 Contract Support Acquisition Center to act under 

16 such section as executive agent for acquisitions of 

17 contract services before October 1, 2009, applies 

18 only with respect to—

19 (A) contracts in excess of $10,000,000 

20 that are entered into after September 30, 2006, 

21 and before October 1, 2009; and 

22 (B) any other acquisitions of contract serv23 ices that, as designated by the Secretary who 

24 appointed the Director, are to be carried out for 

25 that Secretary by the Director. 
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1 (2) PROCUREMENT MANAGEMENT STRUC2 TURE.—The Secretary of Defense shall implement 

3 section 2330 of title 10, United States Code (relat4 ing to a management structure for the procurement 

5 of services for the Department of Defense), by desig6 nating each Director of the Contract Support Acqui7 sition Center appointed under section 197 of such 

8 title (as added by subsection (a)) to act as executive 

9 agent for the management of the procurements of 

10 services carried out for the Secretary appointing 

11 such Director with respect to—

12 (A) all contracts in excess of $10,000,000 

13 that are entered into after September 30, 2006, 

14 and before October 1, 2009; and 

15 (B) all contracts in excess of the simplified 

16 acquisition threshold (as defined in section 

17 2302(7) of such title) that are entered into 

18 after September 30, 2009. 

19 (3) COMPLIANCE WITH CERTAIN PUBLIC LAW

20 108–375 REQUIREMENTS.—For compliance with the 

21 requirements of section 854 of the Ronald W. 

22 Reagan National Defense Authorization Act for Fis23 cal Year 2005 (Public Law 108–375; 118 Stat. 

24 2022, 10 U.S.C. 2304 note), the Secretary con25 cerned shall designate the Director of the Contract 
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1 Support Acquisition Center appointed by that Sec2 retary to act as the executive agent of that Secretary 

3 to review and approve the use of a contract for the 

4 acquisition of contract services that—

5 (A) is entered into after September 30, 

6 2006, by a department or agency outside the 

7 Department of Defense; and 

8 (B) if entered into—

9 (i) before October 1, 2009, is valued 

10 in excess of $10,000,000; or 

11 (ii) after September 30, 2009, is val12 ued in excess of the simplified acquisition 

13 threshold (as defined in section 2302(7) of 

14 title 10, United States Code). 

15 (4) SECRETARY CONCERNED DEFINED.—In 

16 paragraph (3), the term ‘‘Secretary concerned’’ 

17 means the head of an agency named in subsection 

18 (f)(1) of section 854 of the Ronald W. Reagan Na19 tional Defense Authorization Act for Fiscal Year 

20 2005 (Public Law 108–375; 118 Stat. 2022; 10 

21 U.S.C. 2304 note). 
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1 SEC. 803. AUTHORITY TO ENTER INTO ACQUISITION AND 

2 CROSS-SERVICING AGREEMENTS WITH RE3 GIONAL ORGANIZATIONS OF WHICH THE 

4 UNITED STATES IS NOT A MEMBER. 

5 (a) ACQUISITION AGREEMENTS.—Section 2341(1) of 

6 title 10, United States Code, is amended by striking ‘‘of 

7 which the United States is a member’’. 

8 (b) CROSS-SERVICING AGREEMENTS.—Section 

9 2342(a)(1)(C) of such title is amended by striking ‘‘of 

10 which the United States is a member’’. 

11 (c) CONFORMING AMENDMENT.—Section 2344(b)(4) 

12 of such title is amended by striking ‘‘of which the United 

13 States is a member’’. 

14 SEC. 804. REQUIREMENT FOR AUTHORIZATION FOR PRO15 CUREMENT OF MAJOR WEAPON SYSTEMS AS 

16 COMMERCIAL ITEMS. 

17 (a) REQUIREMENT FOR AUTHORIZATION.—

18 (1) IN GENERAL.—Chapter 140 of title 10, 

19 United States Code, is amended by adding at the 

20 end the following new section: 

21 ‘‘§ 2379. Requirement for authorization for procure22 ment of major weapon systems as com23 mercial items 

24 ‘‘(a) REQUIREMENT FOR AUTHORIZATION.—A major 

25 weapon system of the Department of Defense may be 

26 treated as a commercial item, or purchased under proce-
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1 dures established for the procurement of commercial 

2 items, only if specifically authorized by Congress. 

3 ‘‘(b) TREATMENT OF SUBSYSTEMS AND COMPO4 NENTS AS COMMERCIAL ITEMS.—A subsystem or compo5 nent of a major weapon system shall be treated as a com6 mercial item and purchased under procedures established 

7 for the procurement of commercial items if such sub8 system or component otherwise meets the requirements for 

9 treatment as a commercial item. 

10 ‘‘(c) MAJOR WEAPON SYSTEM DEFINED.—In this 

11 section, the term ‘major weapon system’ means a weapon 

12 system acquired pursuant to a major defense acquisition 

13 program (as that term is defined in section 2430 of this 

14 title).’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 140 of such title 

17 is amended by adding at the end the following new 

18 item:

‘‘2379. Requirement for authorization for procurement of major weapon systems 

as commercial items.’’.

19 (b) EFFECTIVE DATE.—The amendments made by 

20 subsection (a) shall take effect on the date of the enact21 ment of this Act, and shall apply to contracts entered on 

22 or after such date. 
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1 SEC. 805. REPORT ON SERVICE SURCHARGES FOR PUR2 CHASES MADE FOR MILITARY DEPARTMENTS 

3 THROUGH OTHER DEPARTMENT OF DEFENSE 

4 AGENCIES. 

5 (a) REPORTS BY MILITARY DEPARTMENTS.—For 

6 each of fiscal years 2005 and 2006, the Secretary of each 

7 military department shall, not later than 60 days after the 

8 last day of that fiscal year, submit to the Under Secretary 

9 of Defense for Acquisition, Technology, and Logistics a 

10 report on the service charges imposed on such military de11 partment for purchases in amounts greater than the sim12 plified acquisition threshold that were made for that mili13 tary department during such fiscal year through a con14 tract entered into by an agency of the Department of De15 fense other than that military department. The report 

16 shall specify the amounts of the service charges and iden17 tify the services provided in exchange for such charges. 

18 (b) ANALYSIS OF MILITARY DEPARTMENT RE19 PORTS.—Not later than 90 days after receiving a report 

20 of the Secretary of a military department for a fiscal year 

21 under subsection (a), the Under Secretary of Defense for 

22 Acquisition, Technology, and Logistics shall review the 

23 service charges delineated in such report for the acquisi24 tions covered by the report and the services provided in 

25 exchange for such charges and shall compare those 

26 charges with the costs of the alternative means for making 
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1 such acquisitions. The analysis shall include the Under 

2 Secretary’s determinations of whether the imposition and 

3 amounts of the service charges were reasonable. 

4 (c) REPORT TO CONGRESS.—Not later than April 1, 

5 2006 (for reports for fiscal year 2005 under subsection 

6 (a)), and not later than April 1, 2007 (for reports for fis7 cal year 2006 under subsection (a)), the Under Secretary 

8 of Defense for Acquisition, Technology, and Logistics shall 

9 submit to the congressional defense committees a report 

10 on the reports submitted by the Secretaries of the military 

11 departments under subsection (a), together with the 

12 Under Secretary’s determinations under subsection (b) 

13 with regard to the matters set forth in those reports. 

14 (d) SIMPLIFIED ACQUISITION THRESHOLD DE15 FINED.—In this section, the term ‘‘simplified acquisition 

16 threshold’’ has the meaning given such term in section 

17 4(11) of the Office of Federal Procurement Policy Act (41 

18 U.S.C. 403(11)). 

19 SEC. 806. REVIEW OF DEFENSE ACQUISITION STRUCTURES. 

20 (a) REVIEW BY DEFENSE ACQUISITION UNIVER21 SITY.—The Defense Acquisition University, acting under 

22 the direction and authority of the Under Secretary of De23 fense for Acquisition, Technology, and Logistics, shall con24 duct a review of the acquisition structure of the Depart-
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1 ment of Defense, including the acquisition structure of the 

2 following: 

3 (1) Each military department. 

4 (2) Each defense agency. 

5 (3) Any other element of the Department of 

6 Defense that has an acquisition function. 

7 (b) ELEMENTS.—

8 (1) IN GENERAL.—In reviewing the acquisition 

9 structure of an organization under subsection (a), 

10 the Defense Acquisition University shall—

11 (A) determine the current structure of the 

12 organization; 

13 (B) review the evolution of the current 

14 structure of the organization, including the rea15 sons for each reorganization of the structure, 

16 and identify any acquisition structures or capa17 bilities that have been divested from the organi18 zation during the last 15 years; 

19 (C) identify the capabilities needed by the 

20 organization to fulfill its function and assess 

21 the capacity of the organization, as currently 

22 structured, to provide such capabilities; and 

23 (D) identify any gaps, shortfalls, or inad24 equacies relating to acquisitions in the current 

25 structure of the organization. 
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1 (2) EMPHASIS IN REVIEW.—In conducting the 

2 review of acquisition structures under subsection (a), 

3 the University shall place special emphasis on con4 sideration of—

5 (A) structures and processes for joint ac6 quisition, including actions that may be needed 

7 to improve such structures and processes; and 

8 (B) actions that may be needed to improve 

9 acquisition outcomes. 

10 (c) PRIORITY ON COMPLETION OF REVIEW OF AC11 QUISITION STRUCTURE OF DEPARTMENT OF AIR

12 FORCE.—In conducting the review of acquisition struc13 tures under subsection (a), the Defense Acquisition Uni14 versity shall give a priority to a review of the acquisition 

15 structure of the Department of the Air Force. 

16 (d) FUNDING.—The Under Secretary of Defense for 

17 Acquisition, Technology, and Logistics shall provide the 

18 Defense Acquisition University the funds required to con19 duct the review under subsection (a). 

20 (e) REPORTS.—

21 (1) INTERIM REPORT ON STRUCTURE OF DE22 PARTMENT OF AIR FORCE.—Not later than one year 

23 after the date of the enactment of this Act, the De24 fense Acquisition University shall submit to the con25 gressional defense committees an interim report ad-
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1 dressing the acquisition structure of the Department 

2 of the Air Force. 

3 (2) FINAL REPORT ON REVIEW.—Not later 

4 than 180 days after the completion of the review re5 quired by subsection (a), the University shall submit 

6 to the Under Secretary of Defense for Acquisition, 

7 Technology, and Logistics a report on the review. 

8 The report shall include a separate annex on the ac9 quisition structure on each organization covered by 

10 the review, which annex—

11 (A) shall address the matters specified 

12 under subsection (b) with respect to such orga13 nization; and 

14 (B) may include such recommendations 

15 with respect to such organization as the Univer16 sity considers appropriate. 

17 (3) TRANSMITTAL OF FINAL REPORT.—Not 

18 later than 90 days after the receipt of the report 

19 under paragraph (2), the Under Secretary shall 

20 transmit to the congressional defense committees a 

21 copy of the report, together with the comments of 

22 the Under Secretary on the report. 

23 (f) DEFENSE ACQUISITION UNIVERSITY DEFINED.—

24 In this section, the term ‘‘Defense Acquisition University’’ 
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1 means the Defense Acquisition University established pur2 suant to section 1746 of title 10, United States Code.

3 Subtitle B—Defense Industrial 

4 Base Matters 

5 SEC. 811. CLARIFICATION OF EXCEPTION FROM BUY AMER6 ICAN REQUIREMENTS FOR PROCUREMENT 

7 OF PERISHABLE FOOD FOR ESTABLISH8 MENTS OUTSIDE THE UNITED STATES. 

9 Section 2533a(d)(3) of title 10, United States Code, 

10 is amended by inserting ‘‘, or for,’’ after ‘‘perishable foods 

11 by’’. 

12 SEC. 812. CONDITIONAL WAIVER OF DOMESTIC SOURCE OR 

13 CONTENT REQUIREMENTS FOR CERTAIN 

14 COUNTRIES WITH RECIPROCAL DEFENSE 

15 PROCUREMENT AGREEMENTS WITH THE 

16 UNITED STATES. 

17 (a) AUTHORITY FOR ANNUAL WAIVER.—Subchapter 

18 V of chapter 148 of title 10, United States Code, is 

19 amended by adding at the end the following new section: 

20 ‘‘§ 2539c. Domestic source or content requirements: 

21 one-year waiver for certain countries 

22 with reciprocal defense procurement 

23 agreements with the United States 

24 ‘‘(a) WAIVER AUTHORITY.—Subject to subsection 

25 (g), upon making a determination under subsection (b) 
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1 that a foreign country described by that subsection has 

2 not qualitatively or quantitatively increased exports of de3 fense items, as determined by the Secretary of Defense 

4 for purposes of this section, to the People’s Republic of 

5 China during the fiscal year in which such determination 

6 is made, the Secretary of Defense may waive the applica7 tion of any domestic source requirement or domestic con8 tent requirement referred to in subsection (c) and thereby 

9 authorize the procurement of items that are grown, re10 processed, reused, produced, or manufactured in such for11 eign country during the fiscal year following the fiscal year 

12 in which such determination is made. 

13 ‘‘(b) ANNUAL DETERMINATIONS.—Not later than 

14 September 30 each fiscal year, the Secretary of Defense 

15 may determine whether or not a foreign country with 

16 which the United States had in force during such fiscal 

17 year a reciprocal defense procurement memorandum of 

18 understanding or agreement qualitatively or quantitatively 

19 increased exports of defense items to the People’s Republic 

20 of China during such fiscal year. Each such determination 

21 shall be in writing. 

22 ‘‘(c) COVERED REQUIREMENTS.—For purposes of 

23 this section: 

24 ‘‘(1) A domestic source requirement is any re25 quirement under law that the Department of De-
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1 fense satisfy its requirements for an item by pro2 curing an item that is grown, reprocessed, reused, 

3 produced, or manufactured in the United States or 

4 by a manufacturer that is a part of the national 

5 technology and industrial base (as defined in section 

6 2500(1) of this title). 

7 ‘‘(2) A domestic content requirement is any re8 quirement under law that the Department of De9 fense satisfy its requirements for an item by pro10 curing an item produced or manufactured partly or 

11 wholly from components and materials grown, re12 processed, reused, produced, or manufactured in the 

13 United States. 

14 ‘‘(d) EFFECTIVE PERIOD OF WAIVER.—Any waiver 

15 of the application of any domestic source requirement or 

16 domestic content with respect to a foreign country under 

17 subsection (a) shall be effective only for the fiscal year 

18 following the fiscal year in which is made the determina19 tion on which such waiver is based. 

20 ‘‘(e) LIMITATION ON DELEGATION.—The authority 

21 of the Secretary of Defense to waive the application of 

22 domestic source or content requirements under subsection 

23 (a) may not be delegated to any officer or employee other 

24 than the Deputy Secretary of Defense or the Under Sec-
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1 retary of Defense for Acquisition, Technology, and Logis2 tics. 

3 ‘‘(f) CONSULTATIONS.—The Secretary of Defense 

4 may grant a waiver of the application of a domestic source 

5 or content requirement under subsection (a) only after 

6 consultation with the United States Trade Representative, 

7 the Secretary of Commerce, and the Secretary of State. 

8 ‘‘(g) LAWS NOT WAIVABLE.—The Secretary of De9 fense may not exercise the authority under subsection (a) 

10 to waive any domestic source or content requirement con11 tained in any of the following laws: 

12 ‘‘(1) The Small Business Act (15 U.S.C. 631 et 

13 seq.). 

14 ‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C. 

15 46 et seq.). 

16 ‘‘(3) Section 2533a of this title. 

17 ‘‘(4) Sections 7309 and 7310 of this title. 

18 ‘‘(h) RELATIONSHIP TO OTHER WAIVER AUTHOR19 ITY.—The authority under subsection (a) to waive a do20 mestic source requirement or domestic content require21 ment is in addition to any other authority to waive such 

22 requirement. 

23 ‘‘(i) CLARIFICATION OF RELATIONSHIP WITH BUY

24 AMERICAN ACT.—Nothing in this section shall be con25 strued to alter in any way the applicability of the Buy 
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1 American Act (41 U.S.C. 10a), or the authority of the 

2 Secretary of Defense to waive the requirements of such 

3 Act, with respect to the procurement of any item to which 

4 such Act would apply without regard to this section. 

5 ‘‘(j) CONSTRUCTION WITH RESPECT TO LATER EN6 ACTED LAWS.—This section may not be construed as 

7 being inapplicable to a domestic source requirement or do8 mestic content requirement that is set forth in a law en9 acted after the enactment of this section solely on the 

10 basis of the later enactment of such law.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of subchapter V of such chapter is 

13 amended by adding at the end the following new item:

‘‘2539c. Domestic source or content requirements: one-year waiver for certain 

countries with reciprocal defense procurement agreements with 

the United States.’’.

14 SEC. 813. CONSISTENCY WITH UNITED STATES OBLIGA15 TIONS UNDER TRADE AGREEMENTS. 

16 No provision of this Act or any amendment made by 

17 this Act shall apply to a procurement by or for the Depart18 ment of Defense to the extent that the Secretary of De19 fense, in consultation with the Secretary of Commerce, the 

20 United States Trade Representative, and the Secretary of 

21 State, determines that it is inconsistent with United 

22 States obligations under a trade agreement. 
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1 SEC. 814. IDENTIFICATION OF AREAS OF RESEARCH AND 

2 DEVELOPMENT EFFORT FOR PURPOSES OF 

3 SMALL BUSINESS INNOVATION RESEARCH 

4 PROGRAM. 

5 (a) REVISION AND UPDATE OF CRITERIA AND PRO6 CEDURES OF IDENTIFICATION.—The Secretary of Defense 

7 shall, not less often than once every four years, revise and 

8 update the criteria and procedures utilized to identify 

9 areas of the research and development effort of the De10 partment of Defense which are suitable for the provision 

11 of funds under the Small Business Innovation Research 

12 Program. 

13 (b) UTILIZATION OF PLANS.—The criteria and proce14 dures described in subsection (a) shall be developed 

15 through the use of the most current versions of the fol16 lowing plans: 

17 (1) The joint warfighting science and tech18 nology plan required under section 270 of the Na19 tional Defense Authorization Act for Fiscal Year 

20 1997 (10 U.S.C. 2501 note). 

21 (2) The Defense Technology Area Plan of the 

22 Department of Defense. 

23 (3) The Basic Research Plan of the Depart24 ment of Defense. 

25 (c) INPUT IN IDENTIFICATION OF AREAS OF EF26 FORT.—The criteria and procedures described in sub-
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1 section (a) shall include input in the identification of areas 

2 of research and development effort described in that sub3 section from Department of Defense program managers 

4 (PMs) and program executive officers (PEOs). 

5 (d) IDENTIFICATION OF RESEARCH PROGRAMS FOR

6 ACCELERATED TRANSITION TO ACQUISITION PROCESS.—

7 (1) IN GENERAL.—The Secretary of each mili8 tary department shall identify research programs 

9 that have successfully completed Phase II of the 

10 Small Business Innovation Research Program and 

11 that have the potential for rapid transitioning to 

12 Phase III and into the acquisition process. 

13 (2) LIMITATION.—No research program may be 

14 identified under paragraph (1) unless the Secretary 

15 of the military department concerned certifies in 

16 writing that the successful transition of the program 

17 to Phase III and into the acquisition process is ex18 pected to meet high priority military requirements of 

19 such military department. 

20 (3) REPORT.—The Secretary shall submit to 

21 the congressional defense committees a report set22 ting forth the research programs identified under 

23 paragraph (1). The report shall include a description 

24 of the requirements intended to be met by each pro25 gram identified in the report. 
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1 (e) SMALL BUSINESS INNOVATION RESEARCH PRO2 GRAM DEFINED.—In this section, the term ‘‘Small Busi3 ness Innovation Research Program’’ has the meaning 

4 given that term in section 2500(11) of title 10, United 

5 States Code.

6 Subtitle C—Defense Contractor 

7 Matters 

8 SEC. 821. REQUIREMENTS FOR DEFENSE CONTRACTORS 

9 RELATING TO CERTAIN FORMER DEPART10 MENT OF DEFENSE OFFICIALS. 

11 (a) REQUIREMENTS.—

12 (1) IN GENERAL.—Chapter 141 of title 10, 

13 United States Code, is amended by adding at the 

14 end the following new section: 

15 ‘‘§ 2410p. Defense contractors: requirements con16 cerning former Department of Defense of17 ficials 

18 ‘‘(a) IN GENERAL.—Each contract for the procure19 ment of goods or services in excess of $10,000,000, other 

20 than a contract for the procurement of commercial items, 

21 that is entered into by the Department of Defense shall 

22 include a provision under which the contractor agrees to 

23 submit to the Secretary of Defense, not later than April 

24 1 of each year such contract is in effect, a written report 

25 setting forth the information required by subsection (b). 
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1 ‘‘(b) REPORT INFORMATION.—A report by a con2 tractor under subsection (a) shall—

3 ‘‘(1) list the name of each person who—

4 ‘‘(A) is a former officer or employee of the 

5 Department of Defense or a former or retired 

6 member of the armed forces; and 

7 ‘‘(B) during the preceding calendar year 

8 was provided compensation by the contractor, if 

9 such compensation was first provided by the 

10 contractor—

11 ‘‘(i) not more than two years after 

12 such officer, employee, or member left 

13 service in the Department of Defense; and 

14 ‘‘(ii) not more than two years before 

15 the date on which the report is required to 

16 be submitted; and 

17 ‘‘(2) in the case of each person listed under 

18 paragraph (1)—

19 ‘‘(A) identify the agency in which such per20 son was employed or served on active duty dur21 ing the last two years of such person’s service 

22 with the Department of Defense; 

23 ‘‘(B) state such person’s job title and iden24 tify each major defense system, if any, on which 

25 such person performed any work with the De-
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1 partment of Defense during the last two years 

2 of such person’s service with the Department; 

3 and 

4 ‘‘(C) state such person’s current job title 

5 with the contractor and identify each major de6 fense system on which such person has per7 formed any work on behalf of the contractor.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of chapter 141 of such title 

10 is amended by adding at the end the following new 

11 item:

‘‘2410p. Defense contractors: requirements concerning former Department of 

Defense officials.’’.

12 (b) EFFECTIVE DATE.—The amendments made by 

13 subsection (a) shall take effect on the date of the enact14 ment of this Act, and shall apply with respect to contracts 

15 entered into on or after that date. 

16 SEC. 822. REVIEW OF CERTAIN CONTRACTOR ETHICS MAT17 TERS. 

18 (a) IN GENERAL.—The Secretary of Defense shall, 

19 in consultation with the Director of the Office of Govern20 ment Ethics and the Administrator for Federal Procure21 ment Policy, conduct a review of the ethics considerations 

22 raised by the following: 
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1 (1) The performance by contractor employees of 

2 functions closely associated with inherently govern3 mental functions. 

4 (2) The performance by contractor employees of 

5 other functions historically performed by Govern6 ment employees in the Federal workplace. 

7 (b) OPTIONS TO BE ADDRESSED.—The review under 

8 subsection (a) shall include the consideration of a broad 

9 range of options for addressing the ethics considerations 

10 described in that subsection, including—

11 (1) amending the Federal Acquisition Regula12 tion to address ethics and personal conflict of inter13 est concerns for contractor employees; 

14 (2) implementing the Federal Acquisition Regu15 lation, as so amended, through the incorporation of 

16 appropriate provisions in Federal agency contracts 

17 and in the solicitations for such contracts; 

18 (3) requiring such contracts and solicitations to 

19 state that contractor employees will be bound by cer20 tain ethics standards, whether contractor-imposed or 

21 Government-imposed; 

22 (4) encouraging Federal agency personnel to 

23 consider including provisions in contracts and solici24 tations that address conflict of interest issues and 
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1 require contractor personnel to receive training on 

2 Government ethics rules; and 

3 (5) continuing to identify and mitigate conflicts 

4 and ethics concerns involving contractor personnel 

5 on a case-by-case basis. 

6 (c) REPORT.—

7 (1) IN GENERAL.—Not later than 6 months 

8 after the date of the enactment of this Act, the Sec9 retary shall submit to the congressional defense com10 mittees a report setting forth the findings and rec11 ommendations of the Secretary as a result of the re12 view under subsection (a) and the consideration of 

13 options under subsection (b). 

14 (2) ADDITIONAL VIEWS.—The report under 

15 paragraph (1) shall set forth the views, if any, of the 

16 Director of the Office of Government Ethics and the 

17 Administrator for Federal Procurement Policy on 

18 the matters covered by the report. 

19 (d) FUNCTIONS CLOSELY ASSOCIATED WITH INHER20 ENTLY GOVERNMENTAL FUNCTIONS DEFINED.—In this 

21 section, the term ‘‘functions closely associated with inher22 ently governmental functions’’ has the meaning given such 

23 term in section 2383(b)(3) of title 10, United States Code. 
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1 SEC. 823. CONTRACT FRAUD RISK ASSESSMENT. 

2 (a) RISK ASSESSMENT TEAM.—(1) Not later than 30 

3 days after the date of the enactment of this Act, the Sec4 retary of Defense shall establish a risk assessment team 

5 to assess the vulnerability of Department of Defense con6 tracts to fraud, waste, and abuse. 

7 (2) The risk assessment team shall be chaired by the 

8 Inspector General of the Department of Defense and shall 

9 include representatives of the Defense Logistics Agency, 

10 the Defense Contract Management Agency, the Defense 

11 Contract Audit Agency, the Army, the Navy, and the Air 

12 Force. 

13 (3) The risk assessment team shall—

14 (A) review the contracting systems and internal 

15 controls of the Department of Defense and the sys16 tems and controls of prime contractors of the De17 partment of Defense to identify areas of vulner18 ability of Department of Defense contracts to fraud, 

19 waste, and abuse; and 

20 (B) prepare a report on the results of its re21 view. 

22 (4) Not later than six months after the date of the 

23 enactment of this Act, the chairman of the risk assessment 

24 team shall submit the report prepared under paragraph 

25 (3)(B) to the Secretary of Defense and the congressional 

26 defense committees. 
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1 (b) COMPTROLLER GENERAL REVIEW.—(1) Not 

2 later than 60 days after the date on which the report of 

3 the risk assessment team is submitted under subsection 

4 (a)(4), the Comptroller General of the United States 

5 shall—

6 (A) review the methodology used by the risk as7 sessment team and the results of the team’s review; 

8 and 

9 (B) submit a report on the Comptroller Gen10 eral’s review to the congressional defense commit11 tees. 

12 (2) The report under paragraph (1)(B) shall include 

13 the Comptroller General’s findings and any recommenda14 tions that the Comptroller considers appropriate. 

15 (c) ACTION PLAN.—Not later than three months 

16 after receiving the report of the risk assessment team 

17 under subsection (a)(4), the Secretary of Defense shall de18 velop and submit to the congressional defense committees 

19 a plan of actions for addressing the areas of vulnerability 

20 identified in the report. If the Secretary determines that 

21 no action is necessary with regard to an area of vulner22 ability, the report shall include a discussion of the ration23 ale for that determination.
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1 Subtitle D—Defense Acquisition 

2 Workforce Matters 

3 SEC. 831. AVAILABILITY OF FUNDS IN ACQUISITION WORK4 FORCE TRAINING FUND FOR DEFENSE AC5 QUISITION WORKFORCE IMPROVEMENTS. 

6 (a) AVAILABILITY OF DEPARTMENT OF DEFENSE

7 CONTRACT FEES FOR DEFENSE ACQUISITION UNIVER8 SITY.—Section 37 of the Office of Federal Procurement 

9 Policy Act (41 U.S.C. 433) is amended— 

10 (1) in subsection (a), by striking ‘‘This section’’ 

11 and inserting ‘‘Except as otherwise provided, this 

12 section’’; and 

13 (2) in subsection (h)(3)—

14 (A) in subparagraph (B), by striking 

15 ‘‘(other than the Department of Defense)’’ in 

16 the first sentence; 

17 (B) by redesignating subparagraphs (D), 

18 (E), (F), and (G) as subparagraphs (E), (F), 

19 (G), and (H), respectively; 

20 (C) by inserting after subparagraph (C) 

21 the following new subparagraph (D): 

22 ‘‘(D) The Administrator of General Serv23 ices shall credit to the Defense Acquisition Uni24 versity fees collected in accordance with sub25 paragraph (B) from the Department of De-
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1 fense. Amounts so credited shall be used to de2 velop and expand training for the defense ac3 quisition workforce.’’; and 

4 (D) in subparagraph (E), as so redesig5 nated, by striking ‘‘the purpose specified in sub6 paragraph (A)’’ and inserting ‘‘the purposes 

7 specified in subparagraphs (A) and (D)’’. 

8 (b) CONFORMING AMENDMENT.—Section 1412 of the 

9 National Defense Authorization Act for Fiscal year 2004 

10 (Public Law 108–136; 117 Stat. 1664; 41 U.S.C. 433 

11 note) is amended by striking subsection (c). 

12 SEC. 832. LIMITATION AND REINVESTMENT AUTHORITY RE13 LATING TO REDUCTION OF THE DEFENSE AC14 QUISITION AND SUPPORT WORKFORCE. 

15 (a) LIMITATION.—Notwithstanding any other provi16 sion of law, the defense acquisition and support workforce 

17 may not be reduced, during fiscal years 2006, 2007, and 

18 2008, below the level of that workforce as of September 

19 30, 2004, determined on the basis of full-time employee 

20 equivalence, except as may be necessary to strengthen the 

21 defense acquisition and support workforce in higher pri22 ority positions in accordance with this section. 

23 (b) INCREASE AND REALIGNMENT OF WORK24 FORCE.—(1)(A) During fiscal years 2006, 2007, and 

25 2008, the Secretary of Defense shall increase the number 
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1 of persons employed in the defense acquisition and support 

2 workforce as follows: 

3 (i) During fiscal year 2006, to 105 percent of 

4 the baseline number (as defined in subparagraph 

5 (B)). 

6 (ii) During fiscal year 2007, to 110 percent of 

7 the baseline number. 

8 (iii) During fiscal year 2008, to 115 percent of 

9 the baseline number. 

10 (B) In this paragraph, the term ‘‘baseline number’’, 

11 with respect to persons employed in the defense acquisi12 tion and support workforce, means the number of persons 

13 employed in such workforce as of September 30, 2004 (de14 termined on the basis of full-time employee equivalence). 

15 (C) The Secretary of Defense may waive a require16 ment in subparagraph (A) and, subject to subsection (a), 

17 employ in the defense acquisition and support workforce 

18 a lesser number of employees if the Secretary determines 

19 and certifies to the congressional defense committees that 

20 the cost of increasing such workforce to the larger size 

21 as required under that subparagraph would exceed the 

22 savings to be derived from the additional oversight that 

23 would be achieved by having a defense acquisition and 

24 support workforce of such larger size. 
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1 (2) During fiscal years 2006, 2007, and 2008, the 

2 Secretary of Defense may realign any part of the defense 

3 acquisition and support workforce to support reinvestment 

4 in other, higher priority positions in such workforce. 

5 (c) HIGHER PRIORITY POSITIONS.—For the purposes 

6 of this section, higher priority positions in the defense ac7 quisition and support workforce include the following posi8 tions: 

9 (1) Positions the responsibilities of which in10 clude system engineering. 

11 (2) Positions the responsibilities of which in12 clude drafting performance-based work statements 

13 for services contracts and overseeing the perform14 ance of contracts awarded pursuant to such work 

15 statements. 

16 (3) Positions the responsibilities of which in17 clude conducting spending analyses, negotiating 

18 company-wide pricing agreements, and taking other 

19 measures to reduce contract costs. 

20 (4) Positions the responsibilities of which in21 clude reviewing contractor quality control systems, 

22 assessing and analyzing quality deficiency reports, 

23 and taking other measures to improve product qual24 ity. 
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1 (5) Positions the responsibilities of which in2 clude effectively conducting public-private competi3 tions in accordance with Office of Management and 

4 Budget Circular A–76. 

5 (6) Any other positions in the defense acquisi6 tion and support workforce that the Secretary of De7 fense identifies as being higher priority positions 

8 that are staffed at levels not likely to ensure efficient 

9 and effective performance of all of the responsibil10 ities of those positions. 

11 (d) STRATEGIC ASSESSMENT AND PLAN.—(1) The 

12 Secretary of Defense shall—

13 (A) assess the extent to which the Department 

14 of Defense can recruit, retain, train, and provide 

15 professional development opportunities for acquisi16 tion professionals over the 10-fiscal year period be17 ginning with fiscal year 2006; and 

18 (B) develop a human resources strategic plan 

19 for the defense acquisition and support workforce 

20 that includes objectives and planned actions for im21 proving the management of such workforce. 

22 (2) The Secretary shall submit to Congress, not later 

23 than April 1, 2006, a report on the progress made in—

24 (A) completing the assessment required under 

25 paragraph (1); and 
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1 (B) completing and implementing the strategic 

2 plan required under such paragraph. 

3 (e) DEFENSE ACQUISITION AND SUPPORT WORK4 FORCE DEFINED.—In this section, the term ‘‘defense ac5 quisition and support workforce’’ means members of the 

6 Armed Forces and civilian personnel who are assigned to, 

7 or are employed in, an organization of the Department 

8 of Defense that has acquisition as its predominant mis9 sion, as determined by the Secretary of Defense. 

10 SEC. 833. TECHNICAL AMENDMENTS RELATING TO DE11 FENSE ACQUISITION WORKFORCE IMPROVE12 MENTS. 

13 Section 1732 of title 10, United States Code, is 

14 amended—

15 (1) in subsection (c)—

16 (A) by striking ‘‘(b)(2)(A) and (b)(2)(B)’’ 

17 each place it appears in paragraphs (1) and (2) 

18 and inserting ‘‘(b)(1)(A) and (b)(1)(B)’’; and 

19 (B) by striking paragraph (3); and 

20 (2) in subsection (d)(2), by striking 

21 ‘‘(b)(2)A)(ii)’’ and inserting ‘‘(b)(1)(A)(ii)’’.
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1 Subtitle E—Other Matters 

2 SEC. 841. EXTENSION OF CONTRACT GOAL FOR SMALL DIS3 ADVANTAGED BUSINESS AND CERTAIN INSTI4 TUTIONS OF HIGHER EDUCATION. 

5 Section 2323(k) of title 10, United States Code, is 

6 amended by striking ‘‘2006’’ both places it appears and 

7 inserting ‘‘2009’’. 

8 SEC. 842. CODIFICATION AND MODIFICATION OF LIMITA9 TION ON MODIFICATION OF MILITARY EQUIP10 MENT WITHIN FIVE YEARS OF RETIREMENT 

11 OR DISPOSAL. 

12 (a) CODIFICATION AND MODIFICATION OF LIMITA13 TION.—

14 (1) IN GENERAL.—Chapter 141 of title 10, 

15 United States Code, as amended by section 

16 821(a)(1) of this Act, is further amended by adding 

17 at the end the following new section: 

18 ‘‘§ 2410q. Modification of equipment within five years 

19 of retirement or disposal 

20 ‘‘(a) IN GENERAL.—Except as provided in subsection 

21 (b), a military department may not modify an aircraft, 

22 vessel, weapon, or other item of equipment if the military 

23 department plans to retire or otherwise dispose of such 

24 equipment within 5 years of the date of the completion 

25 of such modification. 
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1 ‘‘(b) EXCEPTIONS.—The prohibition in subsection (a) 

2 shall not apply to any modification as follows: 

3 ‘‘(1) A modification for safety purposes. 

4 ‘‘(2) Any other modification but only if the ag5 gregate cost of all such modifications for the air6 craft, vessel, weapon, or other item of equipment 

7 concerned during any fiscal year, including any pro8 curement, installation, or removal costs, is less than 

9 $100,000. 

10 ‘‘(c) WAIVER.—The Secretary of a military depart11 ment may waive the prohibition in subsection (a) with re12 spect to a modification referred to in that subsection if 

13 such Secretary—

14 ‘‘(1) determines that the waiver is in the na15 tional security interests of the United States; and 

16 ‘‘(2) notifies the congressional defense commit17 tees of such determination in writing.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such chapter, as amended 

20 by section 821(a)(2) of this Act, is further amended 

21 by adding at the end the following new item:

‘‘2410q. Modification of equipment within five years of retirement or disposal.’’.

22 (b) REPEAL OF SUPERSEDED LIMITATION.—Section 

23 8053 of the Department of Defense Appropriations Act, 

24 1998 (Public Law 105–56; 111 Stat. 1232; 10 U.S.C. 

25 2241 note) is repealed. 
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1 SEC. 843. CLARIFICATION OF RAPID ACQUISITION AUTHOR2 ITY TO RESPOND TO COMBAT EMERGENCIES. 

3 (a) SCOPE OF AUTHORITY.—Subsection (c) of section 

4 806 of the Bob Stump National Defense Authorization 

5 Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amend6 ed—

7 (1) by striking ‘‘combat capability’’ each place 

8 it appears; and 

9 (2) by striking ‘‘fatalities’’ each place it appears 

10 and inserting ‘‘casualties’’. 

11 (b) DELEGATION OF AUTHORITY.—Such subsection 

12 is further amended in paragraph (1) by inserting ‘‘below 

13 the Deputy Secretary of Defense’’ after ‘‘delegation’’. 

14 (c) WAIVER AUTHORITY.—Subsection (d)(1) of such 

15 section is further amended—

16 (1) in subparagraph (B), by striking ‘‘or’’; 

17 (2) in subparagraph (C), by striking the period 

18 and inserting ‘‘; or’’; and 

19 (3) by adding at the end the following new sub20 paragraph: 

21 ‘‘(D) domestic source or content restrictions 

22 that would inhibit or impede the rapid acquisition of 

23 the equipment.’’. 
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1 SEC. 844. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN PROTOTYPE PROJECTS. 

3 Section 845 of the National Defense Authorization 

4 Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amend5 ed—

6 (1) in subsection (a)—

7 (A) by striking ‘‘The Director’’ and insert8 ing ‘‘(1) Subject to paragraph (2), the Direc9 tor’’; and 

10 (B) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) The authority of this section—

13 ‘‘(A) does not extend to any prototype project 

14 that is expected to cost in excess of $100,000,000; 

15 and 

16 ‘‘(B) may be exercised for a prototype project 

17 that is expected to cost in excess of $20,000,000 

18 only upon a written determination by the senior pro19 curement executive for the agency (as designated for 

20 the purpose of section 16(c) of the Office of Federal 

21 Procurement Policy Act (41 U.S.C. 414(c)) that—

22 ‘‘(i) the requirements of subsection (d) will 

23 be met; and 

24 ‘‘(ii) the use of a standard contact, grant, 

25 or cooperative agreement for such project is not 

26 feasible or appropriate.’’; 
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1 (2) by redesignating subsection (h) as sub2 section (i); and 

3 (3) by inserting after subsection (g) the fol4 lowing new subsection (h): 

5 ‘‘(h) APPLICABILITY OF PROCUREMENT ETHICS RE6 QUIREMENTS.—An agreement entered into under the au7 thority of this section shall be treated as a Federal agency 

8 procurement for the purposes of section 27 of the Office 

9 of Federal Procurement Policy Act (41 U.S.C. 423).’’. 

10 SEC. 845. EXTENSION OF CERTAIN AUTHORITIES ON CON11 TRACTING WITH EMPLOYERS OF PERSONS 

12 WITH DISABILITIES. 

13 Section 853 of the Ronald W. Reagan National De14 fense Authorization Act for Fiscal Year 2005 (Public Law 

15 108–375; 118 Stat. 2021) is amended by striking ‘‘Sep16 tember 30, 2005’’ in subsections (a)(2)(A) and (b)(2)(A) 

17 and inserting ‘‘September 30, 2006’’.
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT

4 Subtitle A—Duties and Functions 

5 of Department of Defense Offi6 cers and Organizations 

7 SEC. 901. DIRECTORS OF SMALL BUSINESS PROGRAMS. 

8 (a) REDESIGNATION OF EXISTING POSITIONS AND

9 OFFICES.—(1) Each of the following positions within the 

10 Department of Defense is redesignated as the Director of 

11 Small Business Programs: 

12 (A) The Director of Small and Disadvantaged 

13 Business Utilization of the Department of Defense. 

14 (B) The Director of Small and Disadvantaged 

15 Business Utilization of the Department of the Army. 

16 (C) The Director of Small and Disadvantaged 

17 Business Utilization of the Department of the Navy. 

18 (D) The Director of Small and Disadvantaged 

19 Business Utilization of the Department of the Air 

20 Force. 

21 (2) Each of the following offices within the Depart22 ment of Defense is redesignated as the Office of Small 

23 Business Programs: 

24 (A) The Office of Small and Disadvantaged 

25 Business Utilization of the Department of Defense. 
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1 (B) The Office of Small and Disadvantaged 

2 Business Utilization of the Department of the Army. 

3 (C) The Office of Small and Disadvantaged 

4 Business Utilization of the Department of the Navy. 

5 (D) The Office of Small and Disadvantaged 

6 Business Utilization of the Department of the Air 

7 Force. 

8 (3) Any reference in any law, regulation, document, 

9 paper, or other record of the United States to a position 

10 or office redesignated by paragraph (1) or (2) shall be 

11 deemed to be a reference to the position or office as so 

12 redesignated. 

13 (b) DEPARTMENT OF DEFENSE POSITION AND OF14 FICE.—(1) Chapter 4 of title 10, United States Code, is 

15 amended by inserting after section 133b the following new 

16 section: 

17 ‘‘§ 133c. Director of Small Business Programs 

18 ‘‘(a) DIRECTOR.—There is a Director of Small Busi19 ness Programs in the Department of Defense. The Direc20 tor is appointed by the Secretary of Defense. 

21 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The 

22 Office of Small Business Programs of the Department of 

23 Defense is the office that is established within the Office 

24 of the Secretary of Defense under section 15(k) of the 
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1 Small Business Act (15 U.S.C. 644(k)). The Director of 

2 Small Business Programs is the head of such office. 

3 ‘‘(c) DUTIES AND POWERS.—(1) The Director of 

4 Small Business Programs shall, subject to paragraph (2), 

5 perform such duties regarding small business programs of 

6 the Department of Defense, and shall exercise such powers 

7 regarding those programs, as the Secretary of Defense 

8 may prescribe. 

9 ‘‘(2) Section 15(k) of the Small Business Act (15 

10 U.S.C. 644(k)), except for the designations of the Director 

11 and the Office, applies to the Director of Small Business 

12 Programs.’’. 

13 (2) The table of sections at the beginning of such 

14 chapter is amended by inserting after the item relating 

15 to section 133b the following new item:

‘‘133c. Director of Small Business Programs.’’.

16 (c) DEPARTMENT OF THE ARMY POSITION AND OF17 FICE.—(1) Chapter 303 of title 10, United States Code, 

18 is amended by adding at the end the following new section: 

19 ‘‘§ 3024. Director of Small Business Programs 

20 ‘‘(a) DIRECTOR.—There is a Director of Small Busi21 ness Programs in the Department of the Army. The Direc22 tor is appointed by the Secretary of the Army. 

23 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The 

24 Office of Small Business Programs of the Department of 

25 the Army is the office that is established within the De-
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1 partment of the Army under section 15(k) of the Small 

2 Business Act (15 U.S.C. 644(k)). The Director of Small 

3 Business Programs is the head of such office. 

4 ‘‘(c) DUTIES AND POWERS.—(1) The Director of 

5 Small Business Programs shall, subject to paragraph (2), 

6 perform such duties regarding small business programs of 

7 the Department of the Army, and shall exercise such pow8 ers regarding those programs, as the Secretary of the 

9 Army may prescribe. 

10 ‘‘(2) Section 15(k) of the Small Business Act (15 

11 U.S.C. 644(k)), except for the designations of the Director 

12 and the Office, applies to the Director of Small Business 

13 Programs.’’. 

14 (2) The table of sections at the beginning of such 

15 chapter is amended by adding at the end the following 

16 new item:

‘‘3024. Director of Small Business Programs.’’.

17 (d) DEPARTMENT OF THE NAVY POSITION AND OF18 FICE.—(1) Chapter 503 of title 10, United States Code, 

19 is amended by adding at the end the following new section: 

20 ‘‘§ 5028. Director of Small Business Programs 

21 ‘‘(a) DIRECTOR.—There is a Director of Small Busi22 ness Programs in the Department of the Navy. The Direc23 tor is appointed by the Secretary of the Navy. 

24 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The 

25 Office of Small Business Programs of the Department of 
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1 the Navy is the office that is established within the De2 partment of the Navy under section 15(k) of the Small 

3 Business Act (15 U.S.C. 644(k)). The Director of Small 

4 Business Programs is the head of such office. 

5 ‘‘(c) DUTIES AND POWERS.—(1) The Director of 

6 Small Business Programs shall, subject to paragraph (2), 

7 perform such duties regarding small business programs of 

8 the Department of the Navy, and shall exercise such pow9 ers regarding those programs, as the Secretary of the 

10 Navy may prescribe. 

11 ‘‘(2) Section 15(k) of the Small Business Act (15 

12 U.S.C. 644(k)), except for the designations of the Director 

13 and the Office, applies to the Director of Small Business 

14 Programs.’’. 

15 (2) The table of sections at the beginning of such 

16 chapter is amended by adding at the end the following 

17 new item:

‘‘5028. Director of Small Business Programs.’’.

18 (d) DEPARTMENT OF THE AIR FORCE POSITION AND

19 OFFICE.—(1) Chapter 803 of title 10, United States 

20 Code, is amended by adding at the end the following new 

21 section: 

22 ‘‘§ 8024. Director of Small Business Programs 

23 ‘‘(a) DIRECTOR.—There is a Director of Small Busi24 ness Programs in the Department of the Air Force. The 

25 Director is appointed by the Secretary of the Air Force. 
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1 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The 

2 Office of Small Business Programs of the Department of 

3 the Air Force is the office that is established within the 

4 Department of the Air Force under section 15(k) of the 

5 Small Business Act (15 U.S.C. 644(k)). The Director of 

6 Small Business Programs is the head of such office. 

7 ‘‘(c) DUTIES AND POWERS.—(1) The Director of 

8 Small Business Programs shall, subject to paragraph (2), 

9 perform such duties regarding small business programs of 

10 the Department of the Air Force, and shall exercise such 

11 powers regarding those programs, as the Secretary of the 

12 Air Force may prescribe. 

13 ‘‘(2) Section 15(k) of the Small Business Act (15 

14 U.S.C. 644(k)), except for the designations of the Director 

15 and the Office, applies to the Director of Small Business 

16 Programs.’’. 

17 (2) The table of sections at the beginning of such 

18 chapter is amended by adding at the end the following 

19 new item:

‘‘8024. Director of Small Business Programs.’’.

20 SEC. 902. EXECUTIVE AGENT FOR ACQUISITION OF CAPA21 BILITIES TO DEFEND THE HOMELAND 

22 AGAINST CRUISE MISSILES AND OTHER LOW23 ALTITUDE AIRCRAFT. 

24 (a) DESIGNATION OF EXECUTIVE AGENT.—The Sec25 retary of Defense shall designate an official within the De-
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1 partment of Defense to act as executive agent to manage 

2 the acquisition of capabilities necessary to defend the 

3 homeland against cruise missiles, unmanned aerial vehi4 cles, and other low altitude aircraft that may be launched 

5 against the United States. 

6 (b) COORDINATION OF ACTIVITIES.—The official des7 ignated as executive agent under subsection (a) shall, in 

8 order to promote commonality and limit duplication of ef9 fort, coordinate in the acquisition of capabilities described 

10 in that subsection with appropriate officials of the fol11 lowing: 

12 (1) The Missile Defense Agency. 

13 (2) The Joint Theater Air and Missile Defense 

14 Organization. 

15 (3) The United States Northern Command. 

16 (4) The United States Strategic Command. 

17 (5) Such other elements of the Department of 

18 Defense, and of other departments and agencies of 

19 the United States Government, as the Secretary con20 siders appropriate for purposes of this section. 

21 (c) PLAN FOR DEFENSE AGAINST ATTACK.—

22 (1) PLAN REQUIRED.—Not later than 180 days 

23 after the date of the enactment of this Act, the Sec24 retary of Defense shall submit to the congressional 

25 defense committees a plan for the defense of the 
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1 United States against cruise missiles, unmanned 

2 aerial vehicles, and other low altitude aircraft that 

3 may be launched against the United States. 

4 (2) FOCUS OF PLAN.—In developing the plan, 

5 the Secretary shall focus on the role of Department 

6 of Defense components in the defense of the United 

7 States against an attack described in paragraph (1), 

8 but shall also address the role, if any, of other de9 partments and agencies of the United States Gov10 ernment in that defense. 

11 (3) ELEMENTS.—The plan shall include the fol12 lowing: 

13 (A) An identification of the capabilities re14 quired by the Department of Defense in order 

15 to fulfill its mission to defend the homeland 

16 against cruise missiles, unmanned aerial vehi17 cles, and other low altitude aircraft, and an 

18 identification of any current shortfalls in such 

19 capabilities. 

20 (B) A schedule for implementing the plan. 

21 (C) A statement of the funding required to 

22 implement the Department of Defense portion 

23 of the plan. 

24 (D) An identification of the roles and mis25 sions, if any, of other departments and agencies 
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1 of the United States Government in contrib2 uting to the defense of the United States 

3 against attack described in subparagraph (A). 

4 (4) SCOPE OF PLAN.—The plan shall be coordi5 nated with Department of Defense plans for defend6 ing the United States against attack by short-range 

7 to medium-range ballistic missiles.

8 Subtitle B—Space Activities 

9 SEC. 911. ADVISORY COMMITTEE ON DEPARTMENT OF DE10 FENSE REQUIREMENTS FOR SPACE CON11 TROL. 

12 (a) ADVISORY COMMITTEE REQUIRED.—

13 (1) IN GENERAL.—The Secretary of Defense 

14 shall provide for an advisory committee to review 

15 and assess Department of Defense requirements for 

16 space control. 

17 (2) NEW OR EXISTING ADVISORY COM18 MITTEE.—The Secretary may carry out paragraph 

19 (1) through the establishment of a new advisory 

20 committee, or the utilization of a current advisory 

21 committee, meeting the requirements of subsection 

22 (b)(1). 

23 (b) MEMBERSHIP AND ADMINISTRATION OF ADVI24 SORY COMMITTEE.—
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1 (1) MEMBERSHIP.—The advisory committee 

2 under subsection (a) shall consist of individuals from 

3 among officers and employees of the Federal Gov4 ernment, and private citizens of the United States, 

5 with knowledge and expertise in national security 

6 space policy. 

7 (2) ADMINISTRATION.—The Secretary shall es8 tablish appropriate procedures for the administra9 tion of the advisory committee for purposes of this 

10 section, including designation of the chairman of the 

11 advisory committee from among its members. 

12 (3) SECURITY CLEARANCES.—All members of 

13 the advisory committee shall hold security clearances 

14 appropriate for the work of the advisory committee. 

15 (4) FIRST MEETING.—The advisory committee 

16 shall convene its first meeting for purposes of this 

17 section not later than 30 days after the date on 

18 which all members of the advisory committee have 

19 been selected for such purposes. 

20 (c) DUTIES.—The advisory committee shall conduct 

21 a review and assessment of the following: 

22 (1) The requirements of the Department of De23 fense for its space control mission and the efforts of 

24 the Department to fulfill such requirements. 
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1 (2) Whether or not the Department of Defense 

2 is allocating appropriate resources to fulfill the cur3 rent space control mission of the Department when 

4 compared with the allocation by the Department of 

5 resources to other military space missions. 

6 (3) The plans of the Department of Defense to 

7 meet its future space control mission. 

8 (d) INFORMATION FROM FEDERAL AND STATE

9 AGENCIES.—

10 (1) IN GENERAL.—The advisory committee may 

11 secure directly from the Department of Defense, 

12 from any other department or agency of the Federal 

13 Government, and any State government any infor14 mation that the advisory committee considers nec15 essary to carry out its duties under this section. 

16 (2) LIAISON.—The Secretary of Defense shall 

17 designate at least one senior civilian employee of the 

18 Department of Defense and at least one general or 

19 flag officer of an Armed Force to serve as liaison be20 tween the Department, the Armed Forces, and the 

21 advisory committee for purposes of this section. 

22 (e) REPORT.—

23 (1) IN GENERAL.—Not later than 6 months 

24 after the date of the first meeting of the advisory 

25 committee under subsection (b)(4), the advisory 
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1 committees shall submit to the Secretary of Defense 

2 and the congressional defense committees a report 

3 on the results of the review and assessment under 

4 subsection (c). 

5 (2) ELEMENTS.—The report shall include—

6 (A) the findings and conclusions of the ad7 visory committee on the requirements of the 

8 Department of Defense for its space control 

9 mission and the efforts of the Department to 

10 fulfill such requirements; and 

11 (B) any recommendations that the advi12 sory committee considers appropriate regarding 

13 the best means by which the Department may 

14 fulfill such requirements. 

15 (f) TERMINATION.—The advisory committee shall 

16 terminate for purposes of this section 10 months after the 

17 date of the first meeting of the advisory committee under 

18 subsection (b)(4). 

19 (g) SPACE CONTROL MISSION.—In this section, the 

20 term ‘‘space control mission’’ means the mission of the 

21 Department of Defense involving the following: 

22 (1) Space situational awareness. 

23 (2) Defensive counterspace operations. 

24 (3) Offensive counterspace operations. 
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1 (h) FUNDING.—Amounts authorized to be appro2 priated to the Department of Defense shall be available 

3 to the Secretary of Defense for purposes of the activities 

4 of the advisory committee under this section.

5 Subtitle C—Other Matters 

6 SEC. 921. ACCEPTANCE OF GIFTS AND DONATIONS FOR DE7 PARTMENT OF DEFENSE REGIONAL CENTERS 

8 FOR SECURITY STUDIES. 

9 (a) AUTHORITY TO ACCEPT.—

10 (1) IN GENERAL.—Section 2611 of title 10, 

11 United States Code, is amended to read as follows: 

12 ‘‘§ 2611. Regional centers for security studies: accept13 ance of gifts and donations 

14 ‘‘(a) AUTHORITY TO ACCEPT GIFTS AND DONA15 TIONS.—Subject to subsection (c), the Secretary of De16 fense may, on behalf of any Department of Defense re17 gional center for security studies, any combination of such 

18 centers, or such centers generally, accept from any source 

19 specified in subsection (b) any gift or donation for pur20 poses of defraying the costs, or enhancing the operation, 

21 of such center, combination of centers, or centers gen22 erally, as the case may be. 

23 ‘‘(b) SOURCES.—The sources from which gifts and 

24 donations may be accepted under subsection (a) are the 

25 following: 
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1 ‘‘(1) The government of a State or a political 

2 subdivision of a State. 

3 ‘‘(2) The government of a foreign country. 

4 ‘‘(3) A foundation or other charitable organiza5 tion, including a foundation or charitable organiza6 tion this is organized or operates under the laws of 

7 a foreign country. 

8 ‘‘(4) Any source in the private sector of the 

9 United States or a foreign country. 

10 ‘‘(c) LIMITATION.—The Secretary may not accept a 

11 gift or donation under subsection (a) if acceptance of the 

12 gift or donation would compromise or appear to com13 promise—

14 ‘‘(1) the ability of the Department of Defense, 

15 any employee of the Department, or any member of 

16 the armed forces to carry out the responsibility or 

17 duty of the Department in a fair and objective man18 ner; or 

19 ‘‘(2) the integrity of any program of the De20 partment, or of any person involved in such a pro21 gram. 

22 ‘‘(d) CRITERIA FOR ACCEPTANCE.—The Secretary 

23 shall prescribe written guidance setting forth the criteria 

24 to be used in determining whether the acceptance of a gift 
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1 or donation would have a result described in subsection 

2 (c). 

3 ‘‘(e) CREDITING OF FUNDS.—(1) There is estab4 lished on the books of the Treasury of the United States 

5 an account to be known as the ‘Regional Centers for Secu6 rity Studies Account’. 

7 ‘‘(2) Gifts and donations of money accepted under 

8 subsection (a) shall be credited to the Account, and shall 

9 be available until expended, without further appropriation, 

10 to defray the costs, or enhance the operation, of the re11 gional center, combination of centers, or centers generally 

12 for which donated under that subsection. 

13 ‘‘(f) GIFT OR DONATION DEFINED.—In this section, 

14 the term ‘gift or donation’ means any gift or donation of 

15 funds, materials (including research materials), real or 

16 personal property, or services (including lecture services 

17 and faculty services).’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 155 of such title 

20 is amended by striking the item relating to section 

21 2611 and inserting the following new item:

‘‘2611. Regional centers for security studies: acceptance of gifts and donations.’’.

22 (b) CONFORMING AMENDMENTS.—

23 (1) Section 1306 of the National Defense Au24 thorization Act for Fiscal Year 1995 (Public Law 
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1 103–337; 108 Stat. 2892) is amended by striking 

2 subsection (a). 

3 (2) Section 1065 of the National Defense Au4 thorization Act for Fiscal Year 1997 (10 U.S.C. 113 

5 note) is amended—

6 (A) by striking subsection (a); and 

7 (B) by redesignating subsections (b) and 

8 (c) as subsections (a) and (b), respectively. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect on October 1, 2005. 

11 SEC. 922. OPERATIONAL FILES OF THE DEFENSE INTEL12 LIGENCE AGENCY. 

13 (a) PROTECTION OF OPERATIONAL FILES OF DE14 FENSE INTELLIGENCE AGENCY.—(1) Title VII of the Na15 tional Security Act of 1947 (50 U.S.C. 431 et. seq.) is 

16 amended by adding at the end the following new section: 

17 ‘‘OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE

18 AGENCY

19 ‘‘SEC. 705. (a) EXEMPTION OF OPERATIONAL

20 FILES.—The Director of the Defense Intelligence Agency, 

21 in coordination with the Director of National Intelligence, 

22 may exempt operational files of the Defense Intelligence 

23 Agency from the provisions of section 552 of title 5, 

24 United States Code, which require publication, disclosure, 

25 search, or review in connection therewith. 
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1 ‘‘(b) OPERATIONAL FILES DEFINED.—(1) In this 

2 section, the term ‘operational files’ means—

3 ‘‘(A) files of the Directorate of Human Intel4 ligence of the Defense Intelligence Agency (and any 

5 successor organization of that directorate) that doc6 ument the conduct of foreign intelligence or counter7 intelligence operations or intelligence or security liai8 son arrangements or information exchanges with for9 eign governments or their intelligence or security 

10 services; and 

11 ‘‘(B) files of the Directorate of Technology of 

12 the Defense Intelligence Agency (and any successor 

13 organization of that directorate) that document the 

14 means by which foreign intelligence or counterintel15 ligence is collected through technical systems. 

16 ‘‘(2) Files that are the sole repository of disseminated 

17 intelligence are not operational files. 

18 ‘‘(c) SEARCH AND REVIEW FOR INFORMATION.—

19 Notwithstanding subsection (a), exempted operational files 

20 shall continue to be subject to search and review for infor21 mation concerning: 

22 ‘‘(1) United States citizens or aliens lawfully 

23 admitted for permanent residence who have re24 quested information on themselves pursuant to the 
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1 provisions of section 552 or 552a of title 5, United 

2 States Code. 

3 ‘‘(2) Any special activity the existence of which 

4 is not exempt from disclosure under the provisions 

5 of section 552 of title 5, United States Code. 

6 ‘‘(3) The specific subject matter of an investiga7 tion by any of the following for any impropriety, or 

8 violation of law, Executive Order, or Presidential di9 rective, in the conduct of an intelligence activity: 

10 ‘‘(A) The Committee on Armed Services 

11 and the Permanent Select Committee on Intel12 ligence of the House of Representatives. 

13 ‘‘(B) The Committee on Armed Services 

14 and the Select Committee on Intelligence of the 

15 Senate. 

16 ‘‘(C) The Intelligence Oversight Board. 

17 ‘‘(D) The Department of Justice. 

18 ‘‘(E) The Office of General Counsel of the 

19 Department of Defense or of the Defense Intel20 ligence Agency. 

21 ‘‘(F) The Office of Inspector General of 

22 the Department of Defense or of the Defense 

23 Intelligence Agency. 

24 ‘‘(G) The Office of the Director of the De25 fense Intelligence Agency. 
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1 ‘‘(d) INFORMATION DERIVED OR DISSEMINATED

2 FROM EXEMPTED OPERATIONAL FILES.—(1) Files that 

3 are not exempted under subsection (a) and contain infor4 mation derived or disseminated from exempted operational 

5 files shall be subject to search and review. 

6 ‘‘(2) The inclusion of information from exempted 

7 operational files in files that are not exempted under sub8 section (a) shall not affect the exemption under subsection 

9 (a) of the originating operational files from search, review, 

10 publication, or disclosure. 

11 ‘‘(3) The declassification of some of the information 

12 contained in exempted operational files shall not affect the 

13 status of the operational file as being exempt from search, 

14 review, publication, or disclosure. 

15 ‘‘(4) Records from exempted operational files that 

16 have been disseminated to and referenced in files that are 

17 not exempted under subsection (a) and that have been re18 turned to exempted operational files for sole retention 

19 shall be subject to search and review. 

20 ‘‘(e) ALLEGATION; IMPROPER WITHHOLDING OF

21 RECORDS; JUDICIAL REVIEW.—(1) Except as provided in 

22 paragraph (2), whenever any person who has requested 

23 agency records under section 552 of title 5, alleges that 

24 the Defense Intelligence Agency has withheld records im25 properly because of failure to comply with any provision 
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1 of this section, judicial review shall be available under the 

2 terms set forth in section 552(a)(4)(B) of title 5, United 

3 States Code. 

4 ‘‘(2) Judicial review shall not be available in the man5 ner provided under paragraph (1) as follows: 

6 ‘‘(A) In any case in which information specifi7 cally authorized under criteria established by an Ex8 ecutive order to be kept secret in the interest of na9 tional defense or foreign relations which is filed 

10 with, or produced for, the court by the Defense In11 telligence Agency, such information shall be exam12 ined ex parte, in camera by the court. 

13 ‘‘(B) The court shall determine, to the fullest 

14 extent practicable, issues of fact based on sworn 

15 written submissions of the parties. 

16 ‘‘(C) When a complainant alleges that re17 quested records were improperly withheld because of 

18 improper placement solely in exempted operational 

19 files, the complainant shall support such allegation 

20 with a sworn written submission based upon per21 sonal knowledge or otherwise admissible evidence. 

22 ‘‘(D)(i) When a complainant alleges that re23 quested records were improperly withheld because of 

24 improper exemption of operational files, the Defense 

25 Intelligence Agency shall meet its burden under sec-
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1 tion 552(a)(4)(B) of title 5, United States Code, by 

2 demonstrating to the court by sworn written submis3 sion that exempted operational files likely to contain 

4 responsible records currently perform the functions 

5 set forth in subsection (b). 

6 ‘‘(ii) The court may not order the Defense In7 telligence Agency to review the content of any ex8 empted operational file or files in order to make the 

9 demonstration required under clause (i), unless the 

10 complainant disputes the Defense Intelligence Agen11 cy’s showing with a sworn written submission based 

12 on personal knowledge or otherwise admissible evi13 dence. 

14 ‘‘(E) In proceedings under subparagraphs (C) 

15 and (D), the parties shall not obtain discovery pur16 suant to rules 26 through 36 of the Federal Rules 

17 of Civil Procedure, except that requests for admis18 sion may be made pursuant to rules 26 and 36. 

19 ‘‘(F) If the court finds under this subsection 

20 that the Defense Intelligence Agency has improperly 

21 withheld requested records because of failure to com22 ply with any provision of this subsection, the court 

23 shall order the Defense Intelligence Agency to search 

24 and review the appropriate exempted operational file 

25 or files for the requested records and make such 
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1 records, or portions thereof, available in accordance 

2 with the provisions of section 552 of title 5, United 

3 States Code, and such order shall be the exclusive 

4 remedy for failure to comply with this section (other 

5 than subsection (f)). 

6 ‘‘(G) If at any time following the filing of a 

7 complaint pursuant to this paragraph the Defense 

8 Intelligence Agency agrees to search the appropriate 

9 exempted operational file or files for the requested 

10 records, the court shall dismiss the claim based upon 

11 such complaint; and 

12 ‘‘(H) Any information filed with, or produced 

13 for the court pursuant to subparagraphs (A) and 

14 (D) shall be coordinated with the Director of Na15 tional Intelligence before submission to the court. 

16 ‘‘(f) DECENNIAL REVIEW OF EXEMPTED OPER17 ATIONAL FILES.—(1) Not less than once every 10 years, 

18 the Director of the Defense Intelligence Agency and the 

19 Director of National Intelligence shall review the exemp20 tions in force under subsection (a) to determine whether 

21 such exemptions may be removed from a category of ex22 empted files or any portion thereof. The Director of Na23 tional Intelligence must approve any determinations to re24 move such exemptions. 
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1 ‘‘(2) The review required by paragraph (1) shall in2 clude consideration of the historical value or other public 

3 interest in the subject matter of the particular category 

4 of files or portions thereof and the potential for declas5 sifying a significant part of the information contained 

6 therein. 

7 ‘‘(3) A complainant that alleges that the Defense In8 telligence Agency has improperly withheld records because 

9 of failure to comply with this subsection may seek judicial 

10 review in the district court of the United States of the 

11 district in which any of the parties reside, or in the Dis12 trict of Columbia. In such a proceeding, the court’s review 

13 shall be limited to determining the following: 

14 ‘‘(A) Whether the Defense Intelligence Agency 

15 has conducted the review required by paragraph (1) 

16 before the expiration of the 10-year period beginning 

17 on the date of the enactment of this section or be18 fore the expiration of the 10-year period beginning 

19 on the date of the most recent review. 

20 ‘‘(B) Whether the Defense Intelligence Agency, 

21 in fact, considered the criteria set forth in paragraph 

22 (2) in conducting the required review.’’. 

23 (2) The table of contents for that Act is amended 

24 by inserting after the item relating to section 704 the fol25 lowing new item:

‘‘Sec. 705. Operational files of the Defense Intelligence Agency.’’.
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1 (b) SEARCH AND REVIEW OF CERTAIN OTHER OPER2 ATIONAL FILES.—The National Security Act of 1947 is 

3 further amended—

4 (1) in section 702(a)(3)(C) (50 U.S.C. 

5 432(a)(3)(C)), by adding the following new clause: 

6 ‘‘(vi) The Office of the Inspector General 

7 of the National Geospatial-Intelligence Agen8 cy.’’; 

9 (2) in section 703(a)(3)(C) (50 U.S.C. 

10 432a(a)(3)(C)), by adding at the end the following 

11 new clause: 

12 ‘‘(vii) The Office of the Inspector General 

13 of the NRO.’’; and 

14 (3) in section 704(c)(3) (50 U.S.C. 432b(c)(3)), 

15 by adding at the end the following subparagraph: 

16 ‘‘(H) The Office of the Inspector General 

17 of the National Security Agency.’’. 

18 SEC. 923. PROHIBITION ON IMPLEMENTATION OF CERTAIN 

19 ORDERS AND GUIDANCE ON FUNCTIONS AND 

20 DUTIES OF THE GENERAL COUNSEL AND THE 

21 JUDGE ADVOCATE GENERAL OF THE AIR 

22 FORCE. 

23 No funds authorized to be appropriated by this Act 

24 may be obligated or expended to implement or enforce ei25 ther of the following: 
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1 (1) The order of the Secretary of the Air Force 

2 dated May 15, 2003, and entitled ‘‘Functions and 

3 Duties of the General Counsel and the Judge Advo4 cate General’’. 

5 (2) Any internal operating instruction or memo6 randum issued by the General Counsel of the De7 partment of the Air Force in reliance upon the order 

8 referred to in paragraph (1).

9 TITLE X—GENERAL PROVISIONS

10 Subtitle A—Financial Matters 

11 SEC. 1001. TRANSFER AUTHORITY. 

12 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

13 (1) AUTHORITY.—Upon determination by the 

14 Secretary of Defense that such action is necessary in 

15 the national interest, the Secretary may transfer 

16 amounts of authorizations made available to the De17 partment of Defense in this division for fiscal year 

18 2006 between any such authorizations for that fiscal 

19 year (or any subdivisions thereof). Amounts of au20 thorizations so transferred shall be merged with and 

21 be available for the same purposes as the authoriza22 tion to which transferred. 

23 (2) AGGREGATE LIMITATION.—The total 

24 amount of authorizations that the Secretary may 
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1 transfer under the authority of this section may not 

2 exceed $3,500,000,000. 

3 (b) LIMITATIONS.—The authority provided by this 

4 section to transfer authorizations—

5 (1) may only be used to provide authority for 

6 items that have a higher priority than the items 

7 from which authority is transferred; and 

8 (2) may not be used to provide authority for an 

9 item that has been denied authorization by Con10 gress. 

11 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

12 transfer made from one account to another under the au13 thority of this section shall be deemed to increase the 

14 amount authorized for the account to which the amount 

15 is transferred by an amount equal to the amount trans16 ferred. 

17 (d) NOTICE TO CONGRESS.—The Secretary shall 

18 promptly notify Congress of each transfer made under 

19 subsection (a). 

20 SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX. 

21 (a) STATUS OF CLASSIFIED ANNEX.—The Classified 

22 Annex prepared by the Committee on Armed Services of 

23 the Senate to accompany its report on the bill S. 1042 

24 of the One Hundred Ninth Congress and transmitted to 

25 the President is hereby incorporated into this Act. 
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1 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

2 ACT.—The amounts specified in the Classified Annex are 

3 not in addition to amounts authorized to be appropriated 

4 by other provisions of this Act. 

5 (c) LIMITATION ON USE OF FUNDS.—Funds appro6 priated pursuant to an authorization contained in this Act 

7 that are made available for a program, project, or activity 

8 referred to in the Classified Annex may only be expended 

9 for such program, project, or activity in accordance with 

10 such terms, conditions, limitations, restrictions, and re11 quirements as are set out for that program, project, or 

12 activity in the Classified Annex. 

13 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The 

14 President shall provide for appropriate distribution of the 

15 Classified Annex, or of appropriate portions of the annex, 

16 within the executive branch of the Government. 

17 SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COM18 MON-FUNDED BUDGETS IN FISCAL YEAR 2006. 

19 (a) FISCAL YEAR 2006 LIMITATION.—The total 

20 amount contributed by the Secretary of Defense in fiscal 

21 year 2006 for the common-funded budgets of NATO may 

22 be any amount up to, but not in excess of, the amount 

23 specified in subsection (b) (rather than the maximum 

24 amount that would otherwise be applicable to those con25 tributions under the fiscal year 1998 baseline limitation). 
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1 (b) TOTAL AMOUNT.—The amount of the limitation 

2 applicable under subsection (a) is the sum of the following: 

3 (1) The amounts of unexpended balances, as of 

4 the end of fiscal year 2005, of funds appropriated 

5 for fiscal years before fiscal year 2006 for payments 

6 for those budgets. 

7 (2) The amount specified in subsection (c)(1). 

8 (3) The amount specified in subsection (c)(2). 

9 (4) The total amount of the contributions au10 thorized to be made under section 2501. 

11 (c) AUTHORIZED AMOUNTS.—Amounts authorized to 

12 be appropriated by titles II and III of this Act are avail13 able for contributions for the common-funded budgets of 

14 NATO as follows: 

15 (1) Of the amount provided in section 201(1), 

16 $763,000 for the Civil Budget. 

17 (2) Of the amount provided in section 301(1), 

18 $238,364,000 for the Military Budget. 

19 (d) DEFINITIONS.—For purposes of this section: 

20 (1) COMMON-FUNDED BUDGETS OF NATO.—

21 The term ‘‘common-funded budgets of NATO’’ 

22 means the Military Budget, the Security Investment 

23 Program, and the Civil Budget of the North Atlantic 

24 Treaty Organization (and any successor or addi25 tional account or program of NATO). 
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1 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

2 The term ‘‘fiscal year 1998 baseline limitation’’ 

3 means the maximum annual amount of Department 

4 of Defense contributions for common-funded budgets 

5 of NATO that is set forth as the annual limitation 

6 in section 3(2)(C)(ii) of the resolution of the Senate 

7 giving the advice and consent of the Senate to the 

8 ratification of the Protocols to the North Atlantic 

9 Treaty of 1949 on the Accession of Poland, Hun10 gary, and the Czech Republic (as defined in section 

11 4(7) of that resolution), approved by the Senate on 

12 April 30, 1998. 

13 SEC. 1004. REDUCTION IN CERTAIN AUTHORIZATIONS DUE 

14 TO SAVINGS RELATING TO LOWER INFLA15 TION. 

16 (a) REDUCTION.—The aggregate amount authorized 

17 to be appropriated by titles I, II, and III is the amount 

18 equal to the sum of all the amounts authorized to be ap19 propriated by such titles reduced by $1,300,000,000. 

20 (b) SOURCE OF SAVINGS.—Reductions required in 

21 order to comply with subsection (a) shall be derived from 

22 savings resulting from lower-than-expected inflation as a 

23 result of the annual review of the budget conducted by 

24 the Congressional Budget Office. 
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1 (c) ALLOCATION OF REDUCTION.—The Secretary of 

2 Defense shall allocate the reduction required by subsection 

3 (a) among the amounts authorized to be appropriated for 

4 accounts in titles I, II, and III to reflect the extent to 

5 which net savings from lower-than-expected inflation are 

6 allocable to amounts authorized to be appropriated to such 

7 accounts. 

8 SEC. 1005. AUTHORIZATION OF SUPPLEMENTAL APPRO9 PRIATIONS FOR FISCAL YEAR 2005. 

10 Amounts authorized to be appropriated to the De11 partment of Defense and the Department of Energy for 

12 fiscal year 2005 in the Ronald W. Reagan National De13 fense Authorization Act for Fiscal Year 2005 (Public Law 

14 108–375) are hereby adjusted, with respect to any such 

15 authorized amount, by the amount by which appropria16 tions pursuant to such authorization are increased (by a 

17 supplemental appropriation) or decreased (by a rescis18 sion), or both, or are increased by a transfer of funds, 

19 pursuant to title I or chapter 2 of title IV of the Emer20 gency Supplemental Appropriations Act for Defense, the 

21 Global War on Terror, and Tsunami Relief, 2005 (Public 

22 Law 109–13). 
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1 SEC. 1006. INCREASE IN FISCAL YEAR 2005 TRANSFER AU2 THORITY. 

3 Section 1001(a)(2) of the Ronald W. Reagan Na4 tional Defense Authorization Act for Fiscal Year 2005 

5 (Public Law 108–375; 118 Stat. 2034) is amended by 

6 striking ‘‘$3,500,000,000’’ and inserting 

7 ‘‘$6,185,000,000’’. 

8 SEC. 1007. MONTHLY DISBURSEMENT TO STATES OF STATE 

9 INCOME TAX VOLUNTARILY WITHHELD FROM 

10 RETIRED OR RETAINER PAY. 

11 Section 1045(a) of title 10, United States Code, is 

12 amended—

13 (1) by striking ‘‘quarter’’ the first place it ap14 pears and inserting ‘‘month’’; and 

15 (2) by striking ‘‘during the month following 

16 that calendar quarter’’ and inserting ‘‘during the fol17 lowing calendar month’’. 

18 SEC. 1008. REESTABLISHMENT OF LIMITATION ON PAY19 MENT OF FACILITIES CHARGES ASSESSED BY 

20 DEPARTMENT OF STATE. 

21 (a) COSTS OF GOODS AND SERVICES PROVIDED TO

22 DEPARTMENT OF STATE.—Funds appropriated for the 

23 Department of Defense may be transferred to the Depart24 ment of State as remittance for a fee charged to the De25 partment of Defense by the Department of State for any 

26 year for the maintenance, upgrade, or construction of 
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1 United States diplomatic facilities only to the extent that 

2 the amount charged (when added to other amounts pre3 viously so charged for that fiscal year) exceeds the total 

4 amount of the unreimbursed costs incurred by the Depart5 ment of Defense during that fiscal year in providing goods 

6 and services to the Department of State. 

7 (b) CONSTRUCTION OF LIMITATION.—The provisions 

8 of subsection (a) shall be applicable without regard to the 

9 following provisions of law: 

10 (1) The provisions of subsection (e) of section 

11 604 of the Secure Embassy Construction and 

12 Counterterrorism Act of 1999, as added by section 

13 629 of division B of Public Law 108–447 (118 Stat. 

14 2920; 22 U.S.C. 4865 note). 

15 (2) The provisions of section 630 of the Depart16 ments of Commerce, Justice, and State, the Judici17 ary, and Related Agencies Appropriations Act, 2005 

18 (division B of Public Law 108–447 (118 Stat. 

19 2921)). 

20 (c) EFFECTIVE DATE.—This section shall take effect 

21 as of October 1, 2005.
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1 Subtitle B—Naval Vessels and 

2 Shipyards 

3 SEC. 1021. TRANSFER OF BATTLESHIP. 

4 (a) TRANSFER OF BATTLESHIP WISCONSIN.—The 

5 Secretary of the Navy is authorized—

6 (1) to strike the Battleship U.S.S. WIS7 CONSIN (BB–64) from the Naval Vessel Register; 

8 and 

9 (2) subject to section 7306b of title 10, United 

10 States Code, to transfer the ship by gift or otherwise 

11 provided that the Secretary requires, as a condition 

12 of transfer, that the transferee locate the U.S.S. 

13 WISCONSIN in the Commonwealth of Virginia. 

14 (b) INAPPLICABILITY OF CERTAIN AUTHORITY TO

15 TRANSFER.—Notwithstanding paragraph (2) of sub16 section (a), the cost of the transfer authorized by sub17 section (a) may not be shared by the United States pursu18 ant to section 7306b(d) of title 10, United States Code, 

19 but shall be borne by the transferee under subsection (a). 

20 (c) INAPPLICABILITY OF CERTAIN REQUIREMENTS

21 RELATED TO TRANSFER AUTHORITY.—The transfer au22 thorized by subsection (a) may be made without regard 

23 to the following provisions of law: 
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1 (1) Section 1011 of the National Defense Au2 thorization Act for Fiscal Year 1996 (Public Law 

3 104–106; 110 Stat. 421). 

4 (2) Section 1011 of the Strom Thurmond Na5 tional Defense Authorization Act for Fiscal Year 

6 1999 (Public Law 105–261; 112 Stat. 2118). 

7 SEC. 1022. CONVEYANCE OF NAVY DRYDOCK, JACKSON8 VILLE, FLORIDA. 

9 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

10 the Navy may convey to Atlantic Marine Property Holding 

11 Company (in this section referred to as the ‘‘Company’’) 

12 all right, title, and interest of the United States in and 

13 to Navy Drydock No. AFDM 7 (the SUSTAIN), located 

14 in Duval County, Florida. The Company is the current 

15 user of the drydock. 

16 (b) CONDITION OF CONVEYANCE.—The conveyance 

17 under subsection (a) shall be subject to the condition that 

18 the drydock remain at the facilities of the Company until 

19 September 30, 2010. 

20 (c) CONSIDERATION.—As consideration for the con21 veyance under subsection (a), the Company shall pay the 

22 Secretary an amount equal to the fair market value of the 

23 drydock as determined by the Secretary. 

24 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

25 Secretary may require such additional terms and condi-
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1 tions in connection with the conveyance under subsection 

2 (a) as the Secretary considers appropriate to protect the 

3 interests of the United States.

4 Subtitle C—Counterdrug Matters 

5 SEC. 1031. USE OF UNMANNED AERIAL VEHICLES FOR 

6 UNITED STATES BORDER RECONNAISSANCE. 

7 (a) IN GENERAL.—Chapter 18 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 383. Use of unmanned aerial vehicles for United 

11 States border reconnaissance 

12 ‘‘(a) IN GENERAL.—The Secretary of Defense is au13 thorized to use Department of Defense personnel and 

14 equipment to conduct aerial reconnaissance within the 

15 area of responsibility of the United States Northern Com16 mand with unmanned aerial vehicles in order to conduct, 

17 for the purposes specified in subsection (b), the following: 

18 ‘‘(1) The detection and monitoring of, and com19 munication on, the movement of air and sea traffic 

20 along the United States border. 

21 ‘‘(2) The detection and monitoring of, and com22 munication on, the movement of surface traffic that 

23 is—

24 ‘‘(A) outside of the geographic boundary of 

25 the United States; or 
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1 ‘‘(B) inside the United States, but within 

2 not more than 25 miles of the geographic 

3 boundary of the United States, with respect to 

4 surface traffic first detected outside the geo5 graphic boundary of the United States. 

6 ‘‘(b) PURPOSES OF AUTHORIZED ACTIVITIES.—The 

7 purposes of activities authorized by subsection (a) are as 

8 follows: 

9 ‘‘(1) To detect and monitor suspicious air, sea, 

10 and surface traffic. 

11 ‘‘(2) To communicate information on such traf12 fic to appropriate Federal law enforcement officials, 

13 State law enforcement officials, and local law en14 forcement officials. 

15 ‘‘(c) FUNDS.—Amounts available to the Department 

16 of Defense for counterdrug activities shall be available for 

17 activities authorized by subsection (a). 

18 ‘‘(d) LIMITATIONS.—Any limitations and restrictions 

19 under this chapter with respect to the use of personnel, 

20 equipment, and facilities under this chapter shall apply to 

21 the exercise of the authority in subsection (a). 

22 ‘‘(e) ANNUAL REPORTS ON USE OF UNMANNED AER23 IAL VEHICLES.—(1) The Secretary of Defense shall sub24 mit to the congressional defense committees each year a 

25 report on the operation of unmanned aerial vehicles along 
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1 the United States border under this section during the 

2 preceding year. Each report shall include, for the year cov3 ered by such report, the following: 

4 ‘‘(A) A description of the aerial reconnaissance 

5 missions carried out along the United States border 

6 by unmanned aerial vehicles under this section, in7 cluding the total number of sorties and flight hours. 

8 ‘‘(B) A statement of the costs of such missions. 

9 ‘‘(C) A statement of the number of times data 

10 collected by the Department of Defense from such 

11 missions was communicated to other authorities of 

12 the Federal Government or to State or local authori13 ties. 

14 ‘‘(2) A report is not required under this subsection 

15 for a year if no operations of unmanned aerial vehicles 

16 along the United States border occurred under this section 

17 during such year. 

18 ‘‘(3) Each report under this subsection shall be sub19 mitted in unclassified form, but may include a classified 

20 annex. 

21 ‘‘(f) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘suspicious air, sea, and surface 

23 traffic’ means any air, sea, or surface traffic that is 

24 suspected of illegal activities, including involvement 

25 in activities that would constitute a violation of any 
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1 provision of law set forth in or described under sec2 tion 374(b)(4)(A) of this title. 

3 ‘‘(2) The term ‘State law enforcement officials’ 

4 includes authorized members of the National Guard 

5 operating under authority of title 32.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of chapter 18 of such title is amended 

8 by adding at the end the following new item:

‘‘383. Use of unmanned aerial vehicles for United States border reconnaissance.’’.

9 SEC. 1032. USE OF COUNTERDRUG FUNDS FOR CERTAIN 

10 COUNTERTERRORISM OPERATIONS. 

11 (a) AUTHORITY TO USE FUNDS.—In conjunction 

12 with counterdrug activities authorized by law, the Sec13 retary of Defense may use funds authorized to be appro14 priated to the Department of Defense for drug interdiction 

15 and counterdrug activities in fiscal years 2006 and 2007 

16 for the detection, monitoring, and interdiction of terror17 ists, terrorism-related activities, and other related 

18 transnational threats along the borders and within the ter19 ritorial waters of the United States. 

20 (b) CONSTRUCTION WITH OTHER AUTHORITY.—The 

21 authority provided by subsection (a) is in addition to the 

22 authority provided in section 124 of title 10, United States 

23 Code. 
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1 SEC. 1033. SUPPORT FOR COUNTER-DRUG ACTIVITIES 

2 THROUGH BASES OF OPERATION AND TRAIN3 ING FACILITIES IN AFGHANISTAN. 

4 In providing support for counterdrug activities under 

5 section 1004 of the National Defense Authorization Act 

6 for Fiscal Year 1991 (10 U.S.C. 374 note), the Secretary 

7 of Defense may, in accordance with a request under sub8 section (a) of such section, provide through or utilizing 

9 bases of operation or training facilities in Afghanistan—

10 (1) any type of support specified in subsection 

11 (b) of such section for counter-drug activities; and 

12 (2) any type of support for counter-drug related 

13 Afghan criminal justice activities.

14 Subtitle D—Reports and Studies 

15 SEC. 1041. MODIFICATION OF FREQUENCY OF SUBMITTAL 

16 OF JOINT WARFIGHTING SCIENCE AND TECH17 NOLOGY PLAN. 

18 (a) SUBMITTAL OF JOINT WARFIGHTING SCIENCE

19 AND TECHNOLOGY PLAN.—Section 270 of the National 

20 Defense Authorization Act for Fiscal Year 1997 (10 

21 U.S.C. 2501 note) is amended by striking ‘‘(a) ANNUAL

22 PLAN REQUIRED.—On March 1 of each year,’’ and insert23 ing ‘‘Not later than March 1 of each year through 2006, 

24 and March 1 every two years thereafter,’’. 

25 (b) CONFORMING AMENDMENT.—The heading of 

26 such section is amended by striking ‘‘ANNUAL’’. 
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1 SEC. 1042. REVIEW AND ASSESSMENT OF DEFENSE BASE 

2 ACT INSURANCE. 

3 (a) IN GENERAL.—The Secretary of Defense shall, 

4 in coordination with the Director of the Office of Manage5 ment and Budget and appropriate officials of the Depart6 ment of Labor, the Department of State and the United 

7 States Agency for International Development, review cur8 rent and future needs, options, and risks associated with 

9 Defense Base Act insurance. 

10 (b) MATTERS TO BE ADDRESSED.—The review 

11 under subsection (a) shall address the following matters: 

12 (1) Cost-effective options for acquiring Defense 

13 Base Act insurance. 

14 (2) Methods for coordinating data collection ef15 forts among agencies and contractors on numbers of 

16 employees, costs of insurance, and other information 

17 relevant to decisions on Defense Base Act insurance. 

18 (3) Improved communication and coordination 

19 within and among agencies on the implementation of 

20 Defense Base Act insurance. 

21 (4) Actions to be taken to address difficulties in 

22 the administration of Defense Base Act insurance, 

23 including on matters relating to cost, data, enforce24 ment, and claims processing. 

25 (c) REPORT REQUIRED.—Not later than one year 

26 after the date of the enactment of this Act, the Secretary 
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1 shall submit to the congressional defense committees a re2 port on the results of the review under subsection (a). The 

3 report shall set forth the findings of the Secretary as a 

4 result of the review and such recommendations, including 

5 recommendations for legislative or administrative action, 

6 as the Secretary considers appropriate in light of the re7 view. 

8 (d) DEFENSE BASE ACT INSURANCE DEFINED.—In 

9 this section, the term ‘‘Defense Base Act insurance’’ 

10 means workers’ compensation insurance provided to con11 tractor employees pursuant to the Defense Base Act (42 

12 U.S.C. 1651 et seq.). 

13 SEC. 1043. COMPTROLLER GENERAL REPORT ON CORRO14 SION PREVENTION AND MITIGATION PRO15 GRAMS OF THE DEPARTMENT OF DEFENSE. 

16 (a) REPORT REQUIRED.—Not later than April 1, 

17 2007, the Comptroller General of the United States shall 

18 submit to the congressional defense committees a report 

19 on the effectiveness of the corrosion prevention and miti20 gation programs of the Department of Defense. 

21 (b) ELEMENTS.—The report required by subsection 

22 (a) shall include the following: 

23 (1) An assessment of the document of the De24 partment of Defense entitled ‘‘Long-Term Strategy 

25 to Reduce Corrosion and the Effects of Corrosion on 
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1 the Military Equipment and Infrastructure of the 

2 Department of Defense’’, dated November 2004. 

3 (2) An assessment of the adequacy for purposes 

4 of the strategy set forth in that document of the 

5 funding requested in the budget of the President for 

6 fiscal year 2006, as submitted to Congress pursuant 

7 to section 1105(a) of title 31, United States Code, 

8 and the associated Future-Years Defense Program 

9 under section 221 of title 10, United States Code. 

10 (3) An assessment of the adequacy and effec11 tiveness of the organizational structure of the De12 partment of Defense in implementing that strategy. 

13 (4) An assessment of the progress made as of 

14 the date of the report in establishing throughout the 

15 Department common metrics, definitions, and proce16 dures on corrosion prevention and mitigation. 

17 (5) An assessment of the progress made as of 

18 the date of the report in establishing a baseline esti19 mate of the scope of the corrosion problems of the 

20 Department. 

21 (6) An assessment of the extent to which the 

22 strategy of the Department on corrosion prevention 

23 and mitigation has been revised to incorporate the 

24 recommendations of the October 2004 Defense 

25 Science Board report on corrosion control. 
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1 (7) An assessment of the implementation of the 

2 corrosion prevention and mitigation programs of the 

3 Department during fiscal year 2006. 

4 (8) Recommendations by the Comptroller Gen5 eral for addressing any shortfalls or areas of poten6 tial improvement identified in the review for pur7 poses of the report.

8 Subtitle E—Technical Amendments 

9 SEC. 1051. TECHNICAL AMENDMENTS RELATING TO CER10 TAIN PROVISIONS OF ENVIRONMENTAL DE11 FENSE LAWS. 

12 (a) DEFINITION OF ‘‘MILITARY MUNITIONS’’.—Sec13 tion 101(e)(4)(B)(ii) of title 10, United States Code, is 

14 amended by striking ‘‘explosives, and’’ and inserting ‘‘ex15 plosives and’’. 

16 (b) DEFENSE ENVIRONMENTAL RESTORATION PRO17 GRAM.—Section 2703(b) of such title is amended by strik18 ing ‘‘ ‘unexploded ordnance’, ‘discarded military muni19 tions’, and’’ and inserting ‘‘ ‘discarded military munitions’ 

20 and’’.

21 Subtitle F—Military Mail Matters 

22 SEC. 1061. SAFE DELIVERY OF MAIL IN THE MILITARY MAIL 

23 SYSTEM. 

24 (a) PLAN REQUIRED.—
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1 (1) IN GENERAL.—The Secretary of Defense 

2 shall promptly develop and implement a plan to en3 sure that the mail within the military mail system 

4 is safe for delivery. 

5 (2) SCREENING.—The plan under this sub6 section shall provide for the screening of all mail 

7 within the military mail system in order to detect 

8 the presence in such mail of biological, chemical, or 

9 radiological weapons, agents, or pathogens, or explo10 sive devices, before such mail is delivered to its in11 tended recipients. 

12 (b) FUNDING FOR PLAN.—The budget justification 

13 materials that are submitted to Congress with the budget 

14 of the President for any fiscal year after fiscal year 2006, 

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

16 States Code, shall include a description of the amounts 

17 required in such fiscal year to carry out the plan under 

18 subsection (a). 

19 (c) REPORT ON SAFETY OF MAIL FOR DELIVERY.—

20 (1) REPORT REQUIRED.—Not later than 120 

21 days after the date of the enactment of this Act, the 

22 Secretary shall submit to the congressional defense 

23 committees a report on the safety of mail within the 

24 military mail system for delivery. 
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1 (2) ELEMENTS.—The report shall include the 

2 following: 

3 (A) An assessment of any existing defi4 ciencies in the military mail system in ensuring 

5 that mail within such system is safe for deliv6 ery. 

7 (B) The plan developed under subsection 

8 (a). 

9 (C) An estimate of the time and resources 

10 required to implement the plan. 

11 (D) A description of the delegation within 

12 the Department of Defense of responsibility for 

13 ensuring that mail within the military mail sys14 tem is safe for delivery, including responsibility 

15 for the development, implementation, and over16 sight of improvements to that system in order 

17 to ensure the safety of such mail for delivery. 

18 (3) FORM.—The report shall be submitted in 

19 unclassified form, but may include a classified 

20 annex. 

21 (d) MAIL WITHIN THE MILITARY MAIL SYSTEM DE22 FINED.—

23 (1) IN GENERAL.—Except as provided in para24 graph (2), in this section, the term ‘‘mail within the 

25 military mail system’’—
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1 (A) means—

2 (i) any mail that is posted through 

3 the Military Post Offices (including Army 

4 Post Offices (APOs) and Fleet Post Of5 fices (FPOs)), Department of Defense mail 

6 centers, military Air Mail Terminals, and 

7 military Fleet Mail Centers; and 

8 (ii) any mail or package posted in the 

9 United States that is addressed to an un10 specified member of the Armed Forces; 

11 and 

12 (B) includes any official mail posted by the 

13 Department of Defense. 

14 (2) EXCEPTION.—The term does not include 

15 any mail posted as otherwise described in paragraph 

16 (1) that has been screened for safety for delivery by 

17 the United States Postal Service before its posting 

18 as so described. 

19 SEC. 1062. DELIVERY OF MAIL ADDRESSED TO ANY SERV20 ICE MEMBER. 

21 (a) PROGRAM OF DELIVERY OF MAIL.—The Sec22 retary of Defense shall carry out a program under which 

23 mail and packages addressed to Any Service Member that 

24 are posted in the United States shall be delivered to de25 ployed members of the Armed Forces overseas at or 
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1 through such Army Post Offices (APOs) and Fleet Post 

2 Offices (FPOs) as the Secretary shall designate for pur3 poses of the program. 

4 (b) SCREENING OF MAIL.—In carrying out the pro5 gram required by subsection (a), the Secretary shall take 

6 appropriate actions to ensure that the mail and packages 

7 covered by the program are screened in order to detect 

8 the presence in such mail and packages of biological, 

9 chemical, or radiological weapons, agents, or pathogens, 

10 or explosive devices, before such mail and packages are 

11 delivered to members of the Armed Forces. 

12 (c) DISTRIBUTION.—The Secretary shall ensure that 

13 mail and packages delivered under the program required 

14 by subsection (a) are widely distributed on an equitable 

15 basis among all the Armed Forces in their overseas areas. 

16 (d) OUTREACH.—

17 (1) IN GENERAL.—The Secretary shall, in col18 laboration with the Postmaster General, take appro19 priate actions to provide information to the public on 

20 the program required by subsection (a). 

21 (2) OUTLETS.—Information shall be provided 

22 to the public under this subsection through Depart23 ment of Defense facilities and communications out24 lets, Postal Service facilities, and such other means 
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1 as the Secretary and the Postmaster General con2 sider appropriate. 

3 (e) ANY SERVICE MEMBER DEFINED.—In this sec4 tion, the term ‘‘Any Service Member’’ means an undesig5 nated or unspecified member of the Armed Forces (often 

6 addressed on mail or packages as ‘‘Any American Service 

7 Member or Soldier’’), rather than any particular or speci8 fied member of the Armed Forces.

9 Subtitle G—Other Matters 

10 SEC. 1071. POLICY ON ROLE OF MILITARY MEDICAL AND 

11 BEHAVIORAL SCIENCE PERSONNEL IN INTER12 ROGATION OF DETAINEES. 

13 (a) POLICY REQUIRED.—The Secretary of Defense 

14 shall establish the policy of the Department of Defense 

15 on the role of military medical and behavioral science per16 sonnel in the interrogation of persons detained by the 

17 Armed Forces. The policy shall apply uniformly through18 out the Armed Forces. 

19 (b) REPORT.—Not later than March 1, 2006, the 

20 Secretary shall submit to the congressional defense com21 mittees a report on the policy established under subsection 

22 (a). The report shall set forth the policy, and shall include 

23 such additional matters on the policy as the Secretary con24 siders appropriate. 
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1 SEC. 1072. CLARIFICATION OF AUTHORITY TO ISSUE SECU2 RITY REGULATIONS AND ORDERS UNDER IN3 TERNAL SECURITY ACT OF 1950. 

4 Section 21(a) of the Internal Security Act of 1950 

5 (Public Law 81–831; 64 Stat. 1005) is amended by insert6 ing ‘‘or military or civilian director’’ after ‘‘military com7 mander’’.

8 TITLE XI—DEPARTMENT OF DE9 FENSE CIVILIAN PERSONNEL 

10 POLICY 

11 SEC. 1101. EXTENSION OF AUTHORITY FOR VOLUNTARY 

12 SEPARATIONS IN REDUCTIONS IN FORCE. 

13 Section 3502(f)(5) of title 5, United States Code, is 

14 amended by striking ‘‘September 30, 2005’’ and inserting 

15 ‘‘September 30, 2010’’. 

16 SEC. 1102. COMPENSATORY TIME OFF FOR NON17 APPROPRIATED FUND EMPLOYEES OF THE 

18 DEPARTMENT OF DEFENSE. 

19 Section 5543 of title 5, United States Code, is 

20 amended by adding at the end the following new sub21 section: 

22 ‘‘(d) The Secretary of Defense may, on request of a 

23 Department of Defense employee paid from non24 appropriated funds, grant such employee compensatory 

25 time off from duty instead of overtime pay for overtime 

26 work.’’. 
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1 SEC. 1103. EXTENSION OF AUTHORITY TO PAY SEVERANCE 

2 PAYMENTS IN LUMP SUMS. 

3 Section 5595(i)(4) of title 5, United States Code, is 

4 amended by striking ‘‘October 1, 2006’’ and inserting 

5 ‘‘October 1, 2010’’. 

6 SEC. 1104. CONTINUATION OF FEDERAL EMPLOYEE 

7 HEALTH BENEFITS PROGRAM ELIGIBILITY. 

8 Section 8905a(d)(4)(B) of title 5, United States 

9 Code, is amended—

10 (1) in clause (i), by striking ‘‘October 1, 2006’’ 

11 and inserting ‘‘October 1, 2010’’; and 

12 (2) in clause (ii)—

13 (A) by striking ‘‘February 1, 2007’’ and 

14 inserting ‘‘February 1, 2011’’; and 

15 (B) by striking ‘‘October 1, 2006’’ and in16 serting ‘‘October 1, 2010’’. 

17 SEC. 1105. PERMANENT AND ENHANCED AUTHORITY FOR 

18 SCIENCE, MATHEMATICS, AND RESEARCH 

19 FOR TRANSFORMATION (SMART) DEFENSE 

20 EDUCATION PROGRAM. 

21 (a) PERMANENT AUTHORITY FOR PROGRAM.—Sec22 tion 1105 of the Ronald W. Reagan National Defense Au23 thorization Act for Fiscal Year 2005 (Public Law 108–

24 375; 118 Stat. 2074; 10 U.S.C. 2192 note) is amended—

25 (1) in subsection (a)—

26 (A) by striking ‘‘(1)’’; and 
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1 (B) by striking paragraph (2); and 

2 (2) by striking ‘‘pilot’’ each place it appears. 

3 (b) ASSISTANCE UNDER PROGRAM.—Such section is 

4 further amended—

5 (1) in subsection (b)—

6 (A) by striking ‘‘(b)’’ and all that follows 

7 through ‘‘a scholarship’’ and inserting ‘‘(b) AS8 SISTANCE.—(1) Under the program under this 

9 section, the Secretary of Defense may award a 

10 scholarship or fellowship’’; 

11 (B) in paragraph (1)(B), by inserting ‘‘ac12 credited’’ before ‘‘institution of higher edu13 cation’’; 

14 (C) in paragraph (2)—

15 (i) by inserting ‘‘or fellowship’’ after 

16 ‘‘scholarship’’; 

17 (ii) by inserting ‘‘equipment ex18 penses,’’ after ‘‘laboratory expenses,’’; and 

19 (iii) by striking the second sentence; 

20 and 

21 (D) by adding at the end the following new 

22 paragraph: 

23 ‘‘(3) Any assistance payable to a person under this 

24 subsection may be paid directly to the person awarded 
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1 such assistance or to an administering entity that shall 

2 disburse such assistance to the person.’’; and 

3 (2) in subsection (c)(2)—

4 (A) by striking ‘‘a scholarship’’ and insert5 ing ‘‘financial assistance’’; 

6 (B) by striking ‘‘the financial assistance 

7 provided under the scholarship’’ and inserting 

8 ‘‘such financial assistance’’; and 

9 (C) by striking ‘‘the scholarship.’’ and in10 serting ‘‘such financial assistance.’’. 

11 (c) EMPLOYMENT OF PROGRAM PARTICIPANTS.—

12 Such section is further amended—

13 (1) by redesignating subsections (d), (e), (f), 

14 (g), and (h) as subsections (e), (f), (g), (h), and (i), 

15 respectively; and 

16 (2) by inserting after subsection (c) the fol17 lowing new subsection (d): 

18 ‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.—

19 (1) The Secretary of Defense may— 

20 ‘‘(A) appoint or retain a person participating in 

21 the program under this section in a position on an 

22 interim basis during the period of such person’s pur23 suit of a degree under the program and for a period 

24 not to exceed 2 years after completion of the degree, 

25 but only if, during such periods—
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1 ‘‘(i) there is no readily available appro2 priate permanent position for such person; and 

3 ‘‘(ii) there is an active and ongoing effort 

4 to identify and assign such person to an appro5 priate permanent position as soon as prac6 ticable; and 

7 ‘‘(B) if there is no appropriate permanent posi8 tion available after the end of the periods described 

9 in subparagraph (A), separate such person from em10 ployment with the Department without regard to 

11 any other provision of law, in which event the service 

12 agreement of such person under subsection (c) shall 

13 terminate. 

14 ‘‘(2) The period of service of a person covered by 

15 paragraph (1) in a position on an interim basis under that 

16 paragraph shall, after completion of the degree, be treated 

17 as a period of service for purposes of satisfying the obli18 gated service requirements of the person under the service 

19 agreement of the person under subsection (c).’’. 

20 (d) REFUND FOR PERIOD OF UNSERVED OBLIGATED

21 SERVICE.—Paragraph (1) of subsection (e) of such sec22 tion, as redesignated by subsection (c)(1) of this section, 

23 is amended to read as follows: 

24 ‘‘(1)(A) A participant in the program under this sec25 tion who is not an employee of the Department of Defense 
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1 and who voluntarily fails to complete the educational pro2 gram for which financial assistance has been provided 

3 under this section, or fails to maintain satisfactory aca4 demic progress as determined in accordance with regula5 tions prescribed by the Secretary of Defense, shall refund 

6 to the United States an appropriate amount, as deter7 mined by the Secretary. 

8 ‘‘(B) A participant in the program under this section 

9 who is an employee of the Department of Defense and 

10 who—

11 ‘‘(i) voluntarily fails to complete the educational 

12 program for which financial assistance has been pro13 vided, or fails to maintain satisfactory academic 

14 progress as determined in accordance with regula15 tions prescribed by the Secretary; or 

16 ‘‘(ii) before completion of the period of obli17 gated service required of such participant—

18 ‘‘(I) voluntarily terminates such partici19 pant’s employment with the Department; or 

20 ‘‘(II) is removed from such participant’s 

21 employment with the Department on the basis 

22 of misconduct, 

23 shall refund the United States an appropriate amount, as 

24 determined by the Secretary.’’. 

25 (e) CONFORMING AMENDMENTS.—
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1 (1) Subsection (f) of such section, as redesig2 nated by subsection (c)(1) of this section, is further 

3 amended by striking ‘‘PILOT’’. 

4 (2) The heading of such section is amended to 

5 read as follows: 

6 ‘‘SEC. 1105. SCIENCE, MATHEMATICS, AND RESEARCH FOR 

7 TRANSFORMATION (SMART) DEFENSE EDU8 CATION PROGRAM.’’. 

9 (3) Section 3304(a)(3)(B)(ii) of title 5, United 

10 States Code, is—

11 (A) by striking ‘‘Scholarship Pilot Pro12 gram’’ and inserting ‘‘Defense Education Pro13 gram’’; and 

14 (B) by inserting ‘‘(10 U.S.C. 2912 note)’’ 

15 after ‘‘for Fiscal Year 2005’’.

16 TITLE XII—MATTERS RELATING 

17 TO OTHER NATIONS 

18 SEC. 1201. COMMANDERS’ EMERGENCY RESPONSE PRO19 GRAM. 

20 (a) AUTHORITY FOR FISCAL YEARS 2006 AND

21 2007.—During fiscal year 2006 and fiscal year 2007, 

22 from funds made available to the Department of Defense 

23 for operation and maintenance for such fiscal year, not 

24 to exceed $500,000,000 may be used in each such fiscal 

25 year to provide funds—
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1 (1) for the Commanders’ Emergency Response 

2 Program; and 

3 (2) for a similar program to assist the people 

4 of Afghanistan. 

5 (b) QUARTERLY REPORTS.—Not later than 15 days 

6 after the end of each fiscal-year quarter (beginning with 

7 the first quarter of fiscal year 2006), the Secretary of De8 fense shall submit to the congressional defense committees 

9 a report regarding the source of funds and the allocation 

10 and use of funds during that quarter that were made 

11 available pursuant to the authority provided in this section 

12 or under any other provision of law for the purposes of 

13 the programs under subsection (a). 

14 (c) COMMANDERS’ EMERGENCY RESPONSE PROGRAM

15 DEFINED.—In this section, the term ‘‘Commanders’ 

16 Emergency Response Program’’ means the program estab17 lished by the Administrator of the Coalition Provisional 

18 Authority for the purpose of enabling United States mili19 tary commanders in Iraq to respond to urgent humani20 tarian relief and reconstruction requirements within their 

21 areas of responsibility by carrying out programs that will 

22 immediately assist the Iraqi people. 
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1 SEC. 1202. ENHANCEMENT AND EXPANSION OF AUTHORITY 

2 TO PROVIDE HUMANITARIAN AND CIVIC AS3 SISTANCE. 

4 (a) INCREASE IN AUTHORIZED EXPENSES ASSOCI5 ATED WITH DETECTION AND CLEARANCE OF LAND6 MINES.—Subsection (c)(3) of section 401 of title 10, 

7 United States Code, is amended by striking ‘‘$5,000,000’’ 

8 and inserting ‘‘$10,000,000’’. 

9 (b) INCLUSION OF ASSISTANCE ON COMMUNICATIONS

10 AND INFORMATION INFRASTRUCTURE UNDER AUTHOR11 ITY.—Such section is further amended—

12 (1) in subsection (c)—

13 (A) by redesignating paragraph (4) as 

14 paragraph (5); and 

15 (B) by inserting after paragraph (3) the 

16 following new paragraph (4): 

17 ‘‘(4) Expenses covered by paragraph (1) also include 

18 expenses incurred in providing communications or infor19 mation systems equipment or supplies that are transferred 

20 or otherwise furnished to a foreign country in furtherance 

21 of the provision of other assistance under this section.’’; 

22 and 

23 (2) in subsection (e), by adding at the end the 

24 following new paragraph: 

25 ‘‘(6) Restoring or improving the information 

26 and communications infrastructure of a country, in-
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1 cluding activities relating to the furnishing of edu2 cation, training, and technical assistance with re3 spect to information and communications tech4 nology.’’. 

5 (c) EXPANSION OF AUTHORITY TO PROVIDE MED6 ICAL, DENTAL, AND VETERINARY CARE.—Subsection 

7 (e)(1) of such section is amended by inserting before the 

8 period the following: ‘‘, including education, training, and 

9 technical assistance related to the care provided’’. 

10 (d) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on October 1, 2005. 

12 SEC. 1203. MODIFICATION OF GEOGRAPHIC LIMITATION ON 

13 PAYMENT OF PERSONNEL EXPENSES UNDER 

14 BILATERAL OR REGIONAL COOPERATION 

15 PROGRAMS. 

16 Section 1051(b)(1) of title 10, United States Code, 

17 is amended by striking ‘‘within the area’’ and all that fol18 lows through ‘‘developing country is located’’ and inserting 

19 ‘‘to and within the area of responsibility of a unified com20 batant command (as such term is defined in section 161(c) 

21 of this title)’’. 

22 SEC. 1204. PAYMENT OF TRAVEL EXPENSES OF COALITION 

23 LIAISON OFFICERS. 

24 (a) AUTHORITY TO PAY CERTAIN TRAVEL EX25 PENSES OF MILITARY OFFICERS ON COALITION MIS-
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1 SIONS.—Subsection (b) of section 1051a of title 10, 

2 United States Code, is amended by adding at the end the 

3 following new paragraph: 

4 ‘‘(3) The Secretary may pay the travel expenses of 

5 a military officer of a developing country involved in coali6 tion operations while temporarily assigned to the head7 quarters of a combatant command, component command, 

8 or subordinate operational command for the mission-re9 lated roundtrip travel of such officer, upon the direction 

10 of the commander of such command, from such head11 quarters to one or more locations specified by the com12 mander of such command if such travel is determined to 

13 be in support of United States national interests.’’. 

14 (b) EXTENSION OF AUTHORITY TO PAY TRAVEL EX15 PENSES.—Subsection (e) of such section is amended by 

16 striking ‘‘September 30, 2005’’ and inserting ‘‘September 

17 30, 2009’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on October, 1, 2005.
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1 TITLE XIII—COOPERATIVE 

2 THREAT REDUCTION WITH 

3 STATES OF THE FORMER SO4 VIET UNION 

5 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS AND FUNDS. 

7 (a) SPECIFICATION OF CTR PROGRAMS.—For pur8 poses of section 301 and other provisions of this Act, Co9 operative Threat Reduction programs are the programs 

10 specified in section 1501(b) of the National Defense Au11 thorization Act for Fiscal Year 1997 (Public Law 104–

12 201; 110 Stat. 2731; 50 U.S.C. 2362 note). 

13 (b) FISCAL YEAR 2006 COOPERATIVE THREAT RE14 DUCTION FUNDS DEFINED.—As used in this title, the 

15 term ‘‘fiscal year 2006 Cooperative Threat Reduction 

16 funds’’ means the funds appropriated pursuant to the au17 thorization of appropriations in section 301 for Coopera18 tive Threat Reduction programs. 

19 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

20 pursuant to the authorization of appropriations in section 

21 301 for Cooperative Threat Reduction programs shall be 

22 available for obligation for three fiscal years. 

23 SEC. 1302. FUNDING ALLOCATIONS. 

24 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

25 $415,549,000 authorized to be appropriated to the De-
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1 partment of Defense for fiscal year 2006 in section 

2 301(19) for Cooperative Threat Reduction programs, the 

3 following amounts may be obligated for the purposes spec4 ified: 

5 (1) For strategic offensive arms elimination in 

6 Russia, $78,900,000. 

7 (2) For nuclear weapons storage security in 

8 Russia, $74,100,000. 

9 (3) For nuclear weapons transportation security 

10 in Russia, $30,000,000. 

11 (4) For weapons of mass destruction prolifera12 tion prevention in the states of the former Soviet 

13 Union, $40,600,000. 

14 (5) For biological weapons proliferation preven15 tion in the former Soviet Union, $60,849,000. 

16 (6) For chemical weapons destruction in Rus17 sia, $108,500,000. 

18 (7) For defense and military contacts, 

19 $8,000,000. 

20 (8) For activities designated as Other Assess21 ments/Administrative Support, $14,600,000. 

22 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

23 FUNDS FOR OTHER PURPOSES.—No fiscal year 2006 Co24 operative Threat Reduction funds may be obligated or ex25 pended for a purpose other than a purpose listed in para-
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1 graphs (1) through (8) of subsection (a) until 30 days 

2 after the date that the Secretary of Defense submits to 

3 Congress a report on the purpose for which the funds will 

4 be obligated or expended and the amount of funds to be 

5 obligated or expended. Nothing in the preceding sentence 

6 shall be construed as authorizing the obligation or expend7 iture of fiscal year 2006 Cooperative Threat Reduction 

8 funds for a purpose for which the obligation or expendi9 ture of such funds is specifically prohibited under this title 

10 or any other provision of law. 

11 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

12 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any 

13 case in which the Secretary of Defense determines that 

14 it is necessary to do so in the national interest, the Sec15 retary may obligate amounts appropriated for fiscal year 

16 2006 for a purpose listed in any of the paragraphs in sub17 section (a) in excess of the specific amount authorized for 

18 that purpose. 

19 (2) An obligation of funds for a purpose stated in 

20 any of the paragraphs in subsection (a) in excess of the 

21 specific amount authorized for such purpose may be made 

22 using the authority provided in paragraph (1) only after—

23 (A) the Secretary submits to Congress notifica24 tion of the intent to do so together with a complete 

25 discussion of the justification for doing so; and 
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1 (B) 15 days have elapsed following the date of 

2 the notification. 

3 (3) The Secretary may not, under the authority pro4 vided in paragraph (1), obligate amounts for a purpose 

5 stated in any of paragraphs (6) through (8) of subsection 

6 (a) in excess of 125 percent of the specific amount author7 ized for such purpose. 

8 SEC. 1303. PERMANENT WAIVER OF RESTRICTIONS ON USE 

9 OF FUNDS FOR THREAT REDUCTION IN 

10 STATES OF THE FORMER SOVIET UNION. 

11 Section 1306 of the Bob Stump National Defense 

12 Authorization Act for Fiscal Year 2003 (Public Law 107–

13 314; 22 U.S.C. 5952 note) is amended—

14 (1) by striking subsections (c) and (d); and 

15 (2) by redesignating subsection (e) as sub16 section (c). 

17 SEC. 1304. MODIFICATION OF AUTHORITY TO USE COOPER18 ATIVE THREAT REDUCTION FUNDS OUTSIDE 

19 THE FORMER SOVIET UNION. 

20 (a) IN GENERAL.—Subsection (a) of section 1308 of 

21 the National Defense Authorization Act for Fiscal Year 

22 2004 (Public Law 108–136; 117 Stat. 1662; 22 U.S.C. 

23 5963) is amended—

24 (1) by striking ‘‘the President may’’ and insert25 ing ‘‘the Secretary of Defense may’’; and 
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1 (2) by striking ‘‘if the President’’ and inserting 

2 ‘‘if the Secretary of Defense, with the concurrence of 

3 the Secretary of State,’’. 

4 (b) AVAILABILITY OF FUNDS.—Subsection (d) of 

5 such section is amended—

6 (1) in paragraph (1)—

7 (A) by striking ‘‘The President’’ and in8 serting ‘‘The Secretary of Defense’’; and 

9 (B) by striking ‘‘the President’’ and insert10 ing ‘‘the Secretary of Defense, with the concur11 rence of the Secretary of State,’’; and 

12 (2) in paragraph (2)—

13 (A) by striking ‘‘10 days after’’ and insert14 ing ‘‘15 days before’’; and 

15 (B) by striking ‘‘the President shall notify 

16 Congress’’ and inserting ‘‘the Secretary of De17 fense shall notify the congressional defense 

18 committees’’. 

19 SEC. 1305. REPEAL OF REQUIREMENT FOR ANNUAL COMP20 TROLLER GENERAL ASSESSMENT OF ANNUAL 

21 DEPARTMENT OF DEFENSE REPORT ON AC22 TIVITIES AND ASSISTANCE UNDER COOPERA23 TIVE THREAT REDUCTION PROGRAMS. 

24 Section 1308 of the Floyd D. Spence National De25 fense Authorization Act for Fiscal Year 2001 (as enacted 
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1 into law by Public Law 106–398; 114 Stat. 1654A–341) 

2 is amended by striking subsection (e).

3 TITLE XIV—AUTHORIZATION 

4 FOR SUPPLEMENTAL APPRO5 PRIATIONS FOR IRAQ, AF6 GHANISTAN, AND THE GLOB7 AL WAR ON TERRORISM 

8 SEC. 1401. PURPOSE. 

9 The purpose of this title is to authorize supplemental 

10 appropriations for the Department of Defense for fiscal 

11 year 2006 for operations in Iraq, Afghanistan, and the 

12 global war on terrorism that are in addition to the 

13 amounts otherwise authorized to be appropriated for the 

14 Department of Defense by this Act. 

15 SEC. 1402. DESIGNATION AS EMERGENCY AMOUNTS. 

16 Amounts appropriated pursuant to the authorizations 

17 of appropriations in this title are designated as an emer18 gency requirement pursuant to section 402(b) of the con19 ference report to accompany H. Con. Res. 95 (109th 

20 Congress). 

21 SEC. 1403. ARMY PROCUREMENT. 

22 (a) IN GENERAL.—Funds are hereby authorized to 

23 be appropriated for fiscal year 2006 for procurement ac24 counts of the Army in amounts as follows: 

25 (1) For aircraft, $70,300,000. 
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1 (2) For weapons and tracked combat vehicles, 

2 $27,800,000. 

3 (3) For other procurement $271,700,000. 

4 (b) AVAILABILITY OF CERTAIN AMOUNTS.—

5 (1) AVAILABILITY.—Of the amounts authorized 

6 to be appropriated by subsection (a)(3), 

7 $120,000,000 shall be available for purposes as fol8 lows: 

9 (A) Procurement of up-armored high mo10 bility multipurpose wheeled vehicles (UAHs). 

11 (B) Procurement of wheeled vehicle add-on 

12 armor protection. 

13 (C) Procurement of M1151/M1152 high 

14 mobility multipurpose wheeled vehicles. 

15 (2) ALLOCATION OF FUNDS.—

16 (A) IN GENERAL.—Subject to subpara17 graph (B), the Secretary of the Army shall allo18 cate the manner in which amounts available 

19 under paragraph (1) shall be available for the 

20 purposes specified in that paragraph. 

21 (B) LIMITATION.—Amounts available 

22 under paragraph (1) may not be allocated 

23 under subparagraph (A) until the Secretary cer24 tifies to the congressional defense committees 

25 that the Army has a validated requirement for 
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1 procurement for a purpose specified in para2 graph (1) based on a statement of urgent needs 

3 from a commander of a combatant command. 

4 (C) REPORTS.—Not later than 15 days 

5 after an allocation of funds is made under sub6 paragraph (A), the Secretary shall submit to 

7 the congressional defense committees a report 

8 describing such allocation of funds. 

9 SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT. 

10 (a) NAVY.—Funds are hereby authorized to be appro11 priated for fiscal year 2006 for the procurement accounts 

12 of the Navy in amounts as follows: 

13 (1) For aircraft, $183,800,000. 

14 (2) For weapons, including missiles and tor15 pedoes, $165,500,000. 

16 (3) For other procurement, $30,800,000. 

17 (b) MARINE CORPS.—Funds are hereby authorized to 

18 be appropriated for fiscal year 2006 for the procurement 

19 account for the Marine Corps in the amount of 

20 $89,200,000. 

21 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

22 are hereby authorized to appropriated for fiscal year 2006 

23 for the procurement account for ammunition for the Navy 

24 and the Marine Corps in the amount of $104,500,000. 
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1 SEC. 1405. AIR FORCE PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2006 for the procurement accounts for the Air 

4 Force in the amounts as follows: 

5 (1) For aircraft, $104,700,000. 

6 (2) For other procurement, $51,900,000. 

7 SEC. 1406. OPERATION AND MAINTENANCE. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal year 2006 for the use of the Armed Forces for ex10 penses, not otherwise provided for, for operation and 

11 maintenance, in amounts as follows: 

12 (1) For the Army, $22,139,775,000, of which 

13 $200,000,000 may be made available for linguistic 

14 support operations in Iraq and Afghanistan. 

15 (2) For the Navy, $1,944,300,000. 

16 (3) For the Marine Corps, $1,808,231,000. 

17 (4) For the Air Force, $2,635,555,000. 

18 (5) For Defense-wide activities, 

19 $3,470,118,000. 

20 SEC. 1407. DEFENSE HEALTH PROGRAM. 

21 Funds are hereby authorized to be appropriated for 

22 the Department of Defense for fiscal year 2006 for ex23 penses, not otherwise provided for, the Defense Health 

24 Program, in the amount of $977,778,000, for operation 

25 and maintenance. 
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1 SEC. 1408. MILITARY PERSONNEL. 

2 Funds are hereby authorized to be appropriated to 

3 the Department of Defense for military personnel ac4 counts for fiscal year 2006 in amounts as follows: 

5 (1) For military personnel of the Army, 

6 $9,517,643,000. 

7 (2) For military personnel of the Navy, 

8 $350,000,000. 

9 (3) For military personnel of the Marine Corps, 

10 $811,771,000. 

11 (4) For military personnel of the Air Force, 

12 $916,559,000. 

13 SEC. 1409. IRAQ FREEDOM FUND. 

14 (a) IN GENERAL.—Funds are hereby authorized to 

15 be appropriated for fiscal year 2006 for the Iraq Freedom 

16 Fund in the amount of $4,325,670,000. 

17 (b) LIMITATION ON AVAILABILITY OF CERTAIN

18 AMOUNT.—Of the amount authorized to be appropriated 

19 by subsection (a), not less than $500,000,000 shall be 

20 available only for support of activities of the Joint Impro21 vised Explosive Device Task Force. 

22 (c) TRANSFER.—

23 (1) TRANSFER AUTHORIZED.—Subject to para24 graph (2), amounts authorized to be appropriated by 

25 subsection (a) may be transferred from the Iraq 

26 Freedom Fund to any accounts as follows: 
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1 (A) Operation and maintenance accounts 

2 of the Armed Forces. 

3 (B) Military personnel accounts. 

4 (C) Research, development, test, and eval5 uation accounts of the Department of Defense. 

6 (D) Procurement accounts of the Depart7 ment of Defense. 

8 (E) Accounts providing funding for classi9 fied programs. 

10 (F) The operating expenses account of the 

11 Coast Guard. 

12 (2) NOTICE TO CONGRESS.—A transfer may not 

13 be made under the authority in paragraph (1) until 

14 5 days after the date on which the Secretary of De15 fense notifies the congressional defense committees 

16 in writing of the transfer. 

17 (3) TREATMENT OF TRANSFERRED FUNDS.—

18 Amounts transferred to an account under the au19 thority in paragraph (1) shall be merged with 

20 amounts in such account, and shall be made avail21 able for the same purposes, and subject to the same 

22 conditions and limitations, as amounts in such ac23 count. 

24 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

25 transfer of an amount to an account under the au-
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1 thority in paragraph (1) shall be deemed to increase 

2 the amount authorized for such account by an 

3 amount equal to the amount transferred. 

4 SEC. 1410. TRANSFER AUTHORITY. 

5 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

6 (1) TRANSFER AUTHORIZED.—Upon determina7 tion by the Secretary of Defense that such action is 

8 necessary in the national interest, the Secretary may 

9 transfer amounts of authorizations made available to 

10 the Department of Defense in this title for fiscal 

11 year 2006 between any such authorizations for that 

12 fiscal year (or any subdivisions thereof). Amounts of 

13 authorizations so transferred shall be merged with 

14 and be available for the same purposes as the au15 thorization to which transferred. 

16 (2) LIMITATION ON AGGREGATE AMOUNT.—The 

17 total amount of authorizations that the Secretary 

18 may transfer under the authority of this section may 

19 not exceed $2,500,000,000. 

20 (3) CONSTRUCTION WITH OTHER TRANSFER

21 AUTHORITY.—The transfer authority provided in 

22 this section is in addition to any other transfer au23 thority available to the Secretary of Defense. 

24 (b) OTHER LIMITATIONS.—The authority provided 

25 by this section to transfer authorizations—
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1 (1) may only be used to provide authority for 

2 items that have a higher priority than the items 

3 from which authority is transferred; 

4 (2) may not be used to provide authority for an 

5 item that has been denied authorization by Con6 gress; and 

7 (3) may not be combined with the authority 

8 under section 1001. 

9 (c) NOTICE AND WAIT.—A transfer may be made 

10 under the authority of this section only after the Sec11 retary—

12 (1) consults with the Chairmen and Ranking 

13 Members of each of the congressional defense com14 mittees with respect to such transfer; and 

15 (2) on a date after consultation under para16 graph (1), but not later than five days before the 

17 date of such transfer, submits to the congressional 

18 defense committees written notice of such transfer. 

19 (d) EFFECT ON AUTHORIZATION AMOUNTS.—A 

20 transfer made from one account to another under the au21 thority of this section shall be deemed to increase the 

22 amount authorized for the account to which the amount 

23 is transferred by an amount equal to the amount trans24 ferred. 

Calendar No. 103

109TH CONGRESS 

1ST SESSION S. 1043

A BILL

To authorize appropriations for fiscal year 2006 for 

poses. year for the Armed Forces, and for other purto prescribe personnel strengths for such fiscal military activities of the Department of Defense, 

MAY 17, 2005

Read twice and placed on the calendar