109TH CONGRESS

1ST SESSION S. 1043

AN ACT

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.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. UH–60 Black Hawk helicopter procurement in response to attrition.

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.

Sec. 114. Telemedicine and Advanced Technology Research Center.

Sec. 115. Towed array handler.

Sec. 116. Second source for production and supply of tires for the Stryker combat vehicle.

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.

Sec. 125. Rapid intravenous infusion pump.

Subtitle D—Air Force Programs

Sec. 131. C–17 Aircraft Program and Inter-Theater Airlift Requirements.

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.

Sec. 138. C–37B aircraft.

Subtitle E—Defense-Wide Programs

Sec. 151. Advanced SEAL Delivery System.
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TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for science and technology.

Sec. 203. Funding for research and technology transition for high-brightness

electron source program.

Sec. 204. Funding for development of distributed generation technologies.

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.

Sec. 213. Chemical demilitarization facilities.

Sec. 214. Aging Military Aircraft Fleet Support.

Sec. 215. Warhead/Grenade Scientific Based Manufacturing Technology.

Sec. 216. Joint Service Small Arms Program.

Sec. 217. Field programmable gate array.

Sec. 218. Long Wavelength Array low frequency radio astronomy instruments.

Sec. 219. Defense basic research programs.

Sec. 219A. Project Sheriff.

Sec. 219B. Medium Tactical Vehicle Modifications.

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.

Sec. 224. Arrow 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.

Sec. 244. Modification of requirements for reports on program to award prizes

for advanced technology achievements.

Sec. 245. Designation of facilities and resources constituting the major range

and test facility base.
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Sec. 246. Report on cooperation between the Department of Defense and the

National Aeronautics and Space Administration on Research,

Development, Test, and Evaluation Activities.

Sec. 247. Delayed effective date for limitation on procurement of systems not

GPS-Equipped.

Sec. 248. Report on development and use of robotics and unmanned ground vehicle systems.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Other Department of Defense programs.

Sec. 304. Navy human resources benefit call center.

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.

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.

Sec. 330. Modification of authority of Army working-capital funded facilities to

engage in cooperative activities with non-Army entities.

Sec. 331. Sense of the Senate regarding Depot Maintenance.

Sec. 332. Child and family assistance benefits for members of the Armed

Forces.

Sec. 333. Reimbursement for certain protective, safety, or health equipment

purchased by or for members of the Armed Forces for deployment in operations in Iraq and Central Asia.

Sec. 334. Welfare of special category residents at Naval Station Guantanamo

Bay, Cuba.

Sec. 335. Point of Maintenance/Arsenal/Depot AIT Initiative.

Sec. 336. Long Arm High-Intensity ARC Metal Halide Handheld Searchlight.

Sec. 337. Report on aircraft to perform high-altitude aviation training site.

Sec. 338. Department of Defense support for certain paralympic sporting

events.
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Sec. 339. Supervision and management of Defense Business Transformation

Agency.

Sec. 340. Armament retooling and manufacturing support initiative matters.

Sec. 341. Grants for local workforce investment boards for services for certain

spouses of members of the Armed Forces.

Sec. 342. Rest and recuperation leave programs.

Sec. 343. Improvement of authorities on general gift funds of the Department

of Defense.

Sec. 344. Commemoration of sucess of the Armed Forces in Operation Enduring Freedom and Operation Iraqi Freedom.

Sec. 345. Inclusion of packet based telephony in Department of Defense telecommunications benefit.

Sec. 346. Report on effects of windmill farms on military readiness.

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.

Sec. 509. Applicability of officer distribution and strength limitations to officers

serving in intelligence community positions.

Subtitle B—Enlisted Personnel Policy
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Sec. 521. Uniform citizenship or residency requirements for enlistment in the

Armed Forces.

Sec. 522. Recruitment and enlistment of home schooled students in the Armed

Forces.

Sec. 523. Report on information on stop loss authorities given to enlistees 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.

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.

Sec. 538. Pilot program on enhanced quality of life for members of the Army

Reserve and their families.

Sec. 539. Commencement of receipt of non-regular service retired pay by members of the Ready Reserve on active Federal status or active

duty for significant periods.

Sec. 540. Defense Science Board study on deployment of members of the National Guard and Reserves in the global war on terrorism.

Sec. 541. Eligibility of United States Nationals for appointment to the Senior

Reserve Officers’ Training Corps.

Sec. 542. Promotion of foreign language skills among members of the Reserve

Officers’ Training Corps.

Sec. 543. Sense of Senate on certain matters relating to the National Guard

and Reserves.

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.

Sec. 556. Sense of Senate on applicability of Uniform Code of Military Justice

to reserves on inactive-duty training overseas.

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
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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.

Sec. 573. Uniform policy on parental leave and similar leave.

Sec. 574. Mental health screenings of members of the Armed Forces for post

traumatic stress disorder and other mental health conditions.

Sec. 575. Sense of the Senate on notice to Congress of recognition of members

of the Armed Forces for extraordinary acts of bravery, heroism, and achievement.

Sec. 576. National Call to Service program.

Sec. 577. Designation of Ike Selton Early Commissioning Program Scholarships.

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.

Sec. 585. Pilot projects on pediatric early literacy among children of members

of the Armed Forces.

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.

Sec. 595. Federal assistance for State programs under the National Guard

Youth Challenge Program.

Sec. 596. Authority for national defense university award of degree of master

of science in joint campaign planning and strategy.

Sec. 597. Clarification of certain authorities relating to the Commission on the

National Guard and Reserves.

Sec. 598. Consumer education for members of the Armed Forces and their

spouses on insurance and other financial services.

Sec. 599. Report on predatory lending practices directed at members of the

Armed Forces and their dependents.

Sec. 599A. Participation of members of the Armed Forces in the Paralympic

Games.

Sec. 599B. Modification of eligibility for position of President of the Naval

Postgraduate School.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS
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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.

Sec. 605. Permanent extension of period of temporary continuation of basic allowance for housing for dependents of members of the Armed

Forces who die on active duty.

Sec. 606. Basic allowance for housing for Reserve Members.

Sec. 607. Income replacement payments for Reserves experiencing extended and

frequent mobilization for active duty service.

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 and assignment bonus for members of the Selected Reserve qualified in a critical military skill or who volunteer for assignment to a high priority unit.

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.

Sec. 624. Eligibility of oral and maxillofacial surgeons for incentive special pay

for medical officers of 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 enhancement of life insurance

benefits for certain combat related deaths.

Sec. 642. Improvement of Management of Armed Forces Retirement Home.

Sec. 643. Repeal of requirement of reduction of SBP Survivor Annuities by Dependency and Indemnity Compensation.
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Sec. 644. Effective date for paid-up coverage under Survivor Benefit Plan.

Sec. 645. Inclusion of veterans with service-connected disabilities rated as total

by reason of unemployability under termination of phase-in of

concurrent receipt of retired pay and veterans’ disability compensation.

Subtitle E—Other Matters

Sec. 651. Payment of expenses of members of the Armed Forces to obtain professional credentials.

Sec. 652. Pilot program on contributions to Thrift Savings Plan for initial enlistees in the Armed Forces.

Sec. 653. Extension of effective date.

Sec. 654. Outreach to members of the Armed Forces and their dependents on

the Servicemembers Civil Relief Act.

Subtitle F—Enhancement of Authorities for Recruitment and

Retention

Sec. 671. Increase in maximum rate of assignment incentive pay.

Sec. 672. Temporary increase in basic allowance for housing in areas subject

to declaration of a major disaster.

Sec. 673. Temporary authority for incentives for recruitment of military personnel.

Sec. 674. Pay and benefits to facilitate voluntary separation of targeted members of the Armed Forces.

Sec. 675. Education loan repayment program for chaplains in the Selected Reserve.

Sec. 676. Servicemembers rights under the Housing and Urban Development

Act of 1968.

Sec. 677. Extension of eligibility for SSI for certain individuals in families that

include members of the Reserve and National Guard.

Sec. 678. Denial of certain burial-related benefits for individuals who committed a capital offense.

Sec. 679. Veterans preference eligibility for military reservists.

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.

Sec. 705. Expanded eligibility of members of the Selected Reserve under the

TRICARE program.

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.
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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.

Sec. 718. Qualifications for individuals serving as TRICARE Regional Directors.

Sec. 719. Report on the Department of Defense Composite Health Care System

II.

Sec. 720. Response to medical needs arising from mandatory military vaccinations.

Sec. 721. Mental health counselors under TRICARE.

Sec. 722. Pandemic avian flu preparedness.

Sec. 723. Comptroller General report on expanded partnership between the Department of Defense and the Department of Veterans Affairs

on the provision of health care services.

Sec. 724. Study and report on civilian and military partnership project.

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.

Sec. 733. Department of Defense task force on mental health.

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.

Sec. 807. Reports on significant increases in program acquisition unit costs or

procurement unit costs of major defense acquisition programs.

Sec. 808. Modification of requirements applicable to contracts authorized by

law for certain military materiel.

Sec. 809. Requirement for analysis of alternatives for major defense acquisition

programs.

Sec. 809A. Report on use of lead system integrators in the acquisition of major

systems.
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Sec. 809B. Acquisition strategy for commercial satellite communication services.

Sec. 809C. Guidance on use of tiered evaluation of offers for contracts and task

orders under contracts.

Sec. 809D. Congressional notification of cancellation of major automated information systems.

Sec. 809E. Temporary inapplicability of Berry amendment to procurements of

specialty metals used to produce force protection equipment.

Sec. 809F. Public-private competition for work performed by civilian employees

of the Department of Defense.

Sec. 809G. Performance of certain work by Federal Government employees.

Sec. 809H. Contracting for procurement of certain supplies and services.

Sec. 809I. Modification and extension of pilot program on share-in-savings contracts.

Sec. 809J. Sense of Senate on applicability of competition exceptions to eligibility of National Guard for financial assistance for performance of additional duties.

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. Research and development efforts for purposes of Small Business Research.

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.

Sec. 824. Reports on certain defense contracts in Iraq and Afghanistan.

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.

Sec. 834. Training for defense acquisition workforce on the requirements of the

Berry amendment.

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.
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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.

Sec. 846. Pilot program on expanded public-private partnerships for research

and development.

Sec. 847. Increased limit applicable to assistance provided under certain procurement technical assistance programs.

Sec. 848. Reports of advisory panel on laws and regulations on acquisition

practices.

Sec. 849. Exclusion of certain security expenses from consideration for purpose

of small business size standards.

Sec. 850. Small business contracting in overseas procurements.

Sec. 851. Fair access to multiple-award contracts.

Sec. 852. Disaster relief for small business concerns damaged by drought.

Sec. 853. Radio frequency identifier technology.

Sec. 854 Ensuring transparency in Federal contracting.

Sec. 855. Termination of program.

Sec. 856. Modification of limited acquisition authority for the Commander of

the United States Joint Forces Command.

Sec. 857 Contracting incentive for small power plants on former Military

Bases.

Sec. 858. Extension of annual reports on maturity of technology at initiation

of Major Defense Acquision Programs.

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.

Sec. 903. Provision of audiovisual support services by the White House Communications Agency.

Sec. 904. American Forces Network.

Sec. 905. Report on establishment of a Deputy Secretary of Defense for Management.

Sec. 906. Redesignation of the Naval Reserve as the Navy Reserve.

Sec. 907. Responsibility of the Joint Chiefs of Staff as military advisers to the

Homeland Security Council.

Subtitle B—Space Activities

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

space control.

Subtitle C—Other Matters

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.

Sec. 924. United States Military Cancer Institute.
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Sec. 925. Authority for United States Air Force Institute of Technology to receive faculty research grants for certain purposes.

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. Authorization of emergency supplemental appropriations for the Department of Defense.

Subtitle B—Naval Vessels and Shipyards

Sec. 1021. Transfer of battleships.

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.

Sec. 1044. Report on Department of Defense response to findings and recommendations of Defense Science Board Task Force on High

Performance Microchip Supply.

Sec. 1045. Report on use of space radar for topographical mapping for scientific and civil purposes.

Sec. 1046 Pilot project for Civilian Linguist Reserve Corps.

Sec. 1047. Report on alleged clandestine detention facilities for individuals captured in the Global War on Terrorism.

Sec. 1048. Records of civilian casualties in Afghanistan and Iraq.

Sec. 1049. Annual reports on budgeting relating to key military equipment.

Sec. 1049A. Quarterly reports on war strategy in Iraq.

Subtitle E—Technical Amendments

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

Subtitle F—Military Mail Matters
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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.

Sec. 1072. Improvements of Internal Security Act of 1950.

Sec. 1073. Support for youth organizations.

Sec. 1074. Uniform standards for the interrogation of persons under the detention of the Department of Defense.

Sec. 1075. Prohibition on cruel, inhuman, or degrading treatment or punishment of persons under custody or control of the United States

Government.

Sec. 1076. Policy of the United States on the intercontinental ballistic missile

force.

Sec. 1077. Grant of Federal charter to Korean War Veterans Association, Incorporated.

Sec. 1078. Establishment of the USS Oklahoma Memorial.

Sec. 1079. Prayer at military service academy activities.

Sec. 1080. Riot control agents.

Sec. 1081. Drug trafficking deterrence.

Sec. 1082. Establishment of National Foreign Language Coordination Council.

Sec. 1083. Retention of reimbursement for provision of reciprocal fire protection services.

Sec. 1084. Expansion of emergency services under reciprocal agreements.

Sec. 1085. Renewal of moratorium on return of veterans memorial objects to

foreign nations without specific authorization in law.

Sec. 1086. Sense of the Senate regarding manned space flight.

Sec. 1087. Annual report on costs to carry out United Nations resolutions.

Sec. 1088. Sense of Senate on aeronautics research and development.

Sec. 1089. Report on claims related to the bombing of the LaBelle Discotheque.

Sec. 1090. Coal-to-liquid fuel development plan.

Sec. 1091. Sense of Senate on Common Remotely Operated Weapons Station

(CROWS) platform.

Sec. 1092. Review of status of detainees.

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.

Sec. 1106. Strategic human capital plan for civilian employees of the Department of Defense.

Sec. 1107. Increase in authorized number of Defense Intelligence Senior Executive Service employees.

Sec. 1108. Comptroller General study on features of successful personnel management systems of highly technical and scientific workforces.
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Sec. 1109. Bid Protests by Federal employees in actions under Office of Management and Budget Circular A–76.

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.

Sec. 1205. Prohibition on engaging in certain transactions.

Sec. 1206. Building the partnership security capacity of foreign military and

security forces.

Sec. 1207. Security and stabilization assistance.

Sec. 1208. Report on nonstrategic nuclear weapons.

Sec. 1209. Sense of Congress on support for Nuclear Non-Proliferation Treaty.

Sec. 1210. The United States-China Economic and Security Review Commission.

Sec. 1211. United States policy on Iraq.

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.

Sec. 1306. Removal of certain restrictions on provision of cooperative threat reduction assistance.

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. Tactical wheeled vehicles.

Sec. 1406. Reduction in authorization of appropriations for Iraq Freedom

Fund.

Sec. 1407. Air Force procurement.

Sec. 1408. Reduction in authorization of appropriations for Iraq Freedom

Fund.

Sec. 1409. Operation and maintenance.

Sec. 1410. Defense Health Program.

Sec. 1411. Military personnel.

Sec. 1412. Iraq Freedom Fund.

Sec. 1413. Transfer authority.

TITLE XV—RECRUITMENT AND RETENTION
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Sec. 1501. Short title.

Sec. 1502. Increase in maximum enlistment bonus.

Sec. 1503. Temporary authority to pay bonus to encourage members of the

Army to refer other persons for enlistment in the Army.

Sec. 1504. Increase in maximum age for enlistment.

Sec. 1505. Repeal of prohibition on prior service enlistment bonus for receipt

of other enlistment or reenlistment bonus for service in the Selected Reserve.

Sec. 1506. Increase and enhancement of affiliation bonus for officers of the Selected Reserve.

Sec. 1507. Enhancement of educational loan repayment authorities.

Sec. 1508. Report on Reserve Dental Insurance Program.

TITLE XVI—TRANSITION SERVICES

Sec. 1601. Short title.

Sec. 1602. Improved administration of transitional assistance programs.

Sec. 1603. Follow up assistance for members of the Armed Forces after

preseparation physical examinations.

Sec. 1604. Report on transition assistance programs.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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 DIVISION A—DEPARTMENT OF

6 DEFENSE AUTHORIZATIONS

7 TITLE I—PROCUREMENT

8 Subtitle A—Authorization of

9 Appropriations

10 SEC. 101. ARMY.

11 Funds are hereby authorized to be appropriated for

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

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

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

15 (3) For weapons and tracked combat vehicles,

16 $1,692,549,000.
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1 (4) For ammunition, $1,831,672,000.

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

3 SEC. 102. NAVY AND MARINE CORPS.

4 (a) NAVY.—Funds are hereby authorized to be appro5 priated for fiscal year 2006 for procurement for the Navy

6 as follows:

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

8 (2) For weapons, including missiles and tor9 pedoes, $2,749,441,000.

10 (3) For shipbuilding and conversion,

11 $9,057,865,000.

12 (4) For other procurement, $5,596,218,000.

13 (b) MARINE CORPS.—Funds are hereby authorized to

14 be appropriated for fiscal year 2006 for procurement for

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

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

17 are hereby authorized to be appropriated for fiscal year

18 2006 for procurement of ammunition for the Navy and

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

20 SEC. 103. AIR FORCE.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 2006 for procurement for the Air Force as fol23 lows:

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

25 (2) For missiles, $5,500,287,000.
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1 (3) For ammunition, $1,031,207,000.

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

3 SEC. 104. DEFENSE-WIDE ACTIVITIES.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 2006 for Defense-wide procurement in the

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

7 SEC. 105. UH–60 BLACK HAWK HELICOPTER PROCUREMENT

8 IN RESPONSE TO ATTRITION.

9 (a) INCREASE IN AMOUNT.—Of the amount author10 ized to be appropriated by section 101(1) for aircraft for

11 the Army, the amount available for the procurement UH–

12 60 Black Hawk helicopters in response to attrition is here13 by increased to $40,600,000, with the amount to be used

14 to increase the number of UH–60 Black Hawk helicopters

15 to be procured in response to attrition from 2 helicopters

16 to 4 helicopters.

17 (b) OFFSET.—Of the amount authorized to be appro18 priated by section 101(1) for aircraft for the Army, the

19 amount available for UH–60 Black Hawk helicopter

20 medevac kits is hereby reduced to $29,700,000, with the

21 amount to be derived in a reduction in the number of such

22 kits from 10 kits to 6 kits.
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1 Subtitle B—Army Programs

2 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH–

3 64D APACHE ATTACK HELICOPTER BLOCK II

4 CONVERSIONS.

5 Beginning with the fiscal year 2006 program year,

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

7 2306b of title 10, United States Code, enter into one or

8 more multiyear contracts for procurement of AH–64D

9 Apache attack helicopter block II conversions.

10 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR

11 MODERNIZED TARGET ACQUISITION DES12 IGNATION/PILOT NIGHT VISION SENSORS

13 FOR AH–64D APACHE ATTACK HELICOPTERS.

14 Beginning with the fiscal year 2006 program year,

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

16 2306b of title 10, United States Code, enter into one or

17 more multiyear contracts for procurement of modernized

18 target acquisition designation/pilot night vision sensors for

19 AH–64D Apache attack helicopters.

20 SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR

21 UTILITY HELICOPTERS.

22 (a) UH–60M BLACK HAWK HELICOPTERS.—Begin23 ning with the fiscal year 2006 program year, the Secretary

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

25 10, United States Code, enter into one or more multiyear
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1 contracts for the procurement of UH–60M Black Hawk

2 helicopters.

3 (b) MH–60S SEAHAWK HELICOPTERS—Beginning

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

5 the Army, acting as executive agent for the Department

6 of the Navy, may, in accordance with section 2306b of

7 title 10, United States Code, enter into one or more

8 multiyear contracts for the procurement of MH–60S

9 Seahawk helicopters.

10 SEC. 114. TELEMEDICINE AND ADVANCED TECHNOLOGY

11 RESEARCH CENTER.

12 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVEL13 OPMENT, TEST AND EVALUATION, ARMY.—The amount

14 authorized to be appropriated by section 201(1) for re15 search, development, test, and evaluation for the Army is

16 hereby increased by $1,000,000.

17 (b) AVAILABILITY OF AMOUNT.—Of the amount au18 thorized to be appropriated by section 201(1) for research,

19 development, test, and evaluation for the Army, as in20 creased by subsection (a), $1,000,000 may be available for

21 Medical Advanced Technology (PE #603002A) for the

22 Telemedicine and Advanced Technology Research Center.

23 (c) OFFSET.—The amount authorized to be appro24 priated by section 101(4) for procurement of ammunition

25 for the Army is hereby reduced by $1,000,000, with the
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1 amount of the reduction to be allocated to amounts avail2 able for Ammunition Production Base Support, Produc3 tion Base Support for the Missile Recycling Center

4 (MRC).

5 SEC. 115. TOWED ARRAY HANDLER.

6 (a) AVAILABILITY OF AMOUNT.—Of the amount au7 thorized to be appropriated by section 201(2) for research,

8 development, test, and evaluation for the Navy, the

9 amount available for Program Element 0604503N for the

10 design, development, and test of improvements to the

11 towed array handler is hereby increased by $5,000,000 in

12 order to increase the reliability of the towed array and

13 the towed array handler by capitalizing on ongoing testing

14 and evaluation of such systems.

15 (b) OFFSET.—Of the amount authorized to be appro16 priated by section 201(2) for research, development, test,

17 and evaluation for the Navy, the amount available for Pro18 gram Element 0604558N for new design for the Virginia

19 Class submarine for the large aperture bow array is hereby

20 reduced by $5,000,000.

21 SEC. 116. SECOND SOURCE FOR PRODUCTION AND SUPPLY

22 OF TIRES FOR THE STRYKER COMBAT VEHI23 CLE.

24 (a) REQUIREMENT.—The Secretary of the Army shall

25 conduct a participation of study of the feasibility and costs
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1 and benefits for the second source for the production and

2 supply of tires for the Stryker combat vehicle to be pro3 cured by the Army with funds authorized to be appro4 priated in this Act.

5 (b) REPORT.—Not later than 90 days after the date

6 of the enactment of this Act, the Secretary shall submit

7 to the congressional defense committees a report on the

8 results of the study under subsection (a). The report shall

9 include—

10 (1) an analysis of the capacity of the industrial

11 base in the United States to meet requirements for

12 a second source for the production and supply of

13 tires for the Stryker combat vehicle; and

14 (2) to the extent that the capacity of the indus15 trial base in the United States is not adequate to

16 meet such requirements, recommendations on

17 means, over the short-term and the long-term, to ad18 dress that inadequacy.

19 Subtitle C—Navy Programs

20 SEC. 121. PROHIBITION ON ACQUISITION OF NEXT GENERA21 TION DESTROYER (DD(X)) THROUGH A SIN22 GLE NAVAL SHIPYARD.

23 (a) PROHIBITION.—Destroyers under the next gen24 eration destroyer (DD(X)) program may not be acquired

25 through a winner-take-all acquisition strategy.
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1 (b) PROHIBITION ON USE OF FUNDS.—No funds au2 thorized to be appropriated by this Act, or any other Act,

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

4 implement a strategy for the acquisition of destroyers

5 under the next generation destroyer program through a

6 winner-take-all acquisition strategy.

7 (c) WINNER-TAKE-ALL ACQUISITION STRATEGY DE8 FINED.—In this section, the term ‘‘winner-take-all acquisi9 tion strategy’’, with respect to the acquisition of destroyers

10 under the next generation destroyer program, means the

11 acquisition (including design and construction) of such de12 stroyers through a single shipyard.

13 SEC. 122. SPLIT FUNDING AUTHORIZATION FOR CVN–78

14 AIRCRAFT CARRIER.

15 (a) AUTHORITY TO USE SPLIT FUNDING.—The Sec16 retary of the Navy is authorized to fund the detail design

17 and construction of the aircraft carrier designated CVN–

18 78 using split funding in the Shipbuilding and Conversion,

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

20 (b) CONDITION FOR OUT-YEAR CONTRACT PAY21 MENTS.—A contract entered into for the detail design and

22 construction of the aircraft carrier designated CVN–78

23 shall provide that any obligation of the United States to

24 make a payment under the contract for a fiscal year after
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1 fiscal year 2006 is subject to the availability of appropria2 tions for such fiscal year.

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

4 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT FOR

5 FISCAL YEAR 2006.—Of the amount authorized to be ap6 propriated by section 102(a)(3) for fiscal year 2006 for

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

8 available for design, advance procurement, advance con9 struction, detail design, and construction with respect to

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

11 (b) AMOUNTS AUTHORIZED FROM SCN ACCOUNT

12 FOR FISCAL YEARS 2007 AND 2008.—Amounts author13 ized to be appropriated for fiscal years 2007 and 2008

14 for shipbuilding and conversion, Navy, shall be available

15 for construction with respect to the LHA Replacement

16 ship.

17 (c) CONTRACT AUTHORITY.—

18 (1) DESIGN, ADVANCE PROCUREMENT, AND AD19 VANCE CONSTRUCTION.—The Secretary of the Navy

20 may enter into a contract during fiscal year 2006

21 for design, advance procurement, and advance con22 struction with respect to the LHA Replacement ship.

23 (2) DETAIL DESIGN AND CONSTRUCTION.—The

24 Secretary may enter into a contract during fiscal
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1 year 2006 for the detail design and construction of

2 the LHA Replacement ship.

3 (d) CONDITION FOR OUT-YEAR CONTRACT PAY4 MENTS.—A contract entered into under subsection (c)

5 shall provide that any obligation of the United States to

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

7 fiscal year 2006 is subject to the availability of appropria8 tions for that purpose for such fiscal year.

9 (e) FUNDING AS INCREMENT OF FULL FUNDING.—

10 The amounts available under subsections (a) and (b) for

11 the LHA Replacement ship are the first increments of

12 funding for the full funding of the LHA Replacement

13 (LHA(R)) ship program.

14 SEC. 124. REFUELING AND COMPLEX OVERHAUL OF THE

15 U.S.S. CARL VINSON.

16 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—

17 Of the amount authorized to be appropriated by section

18 102(a)(3) for fiscal year 2006 for shipbuilding and conver19 sion, Navy, $1,493,563,000 shall be available for the com20 mencement of the nuclear refueling and complex overhaul

21 of the U.S.S. Carl Vinson (CVN–70). The amount avail22 able under the preceding sentence is the first increment

23 in the incremental funding planned for the nuclear refuel24 ing and complex overhaul of the U.S.S. Carl Vinson.
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1 (b) CONTRACT AUTHORITY.—The Secretary of the

2 Navy may enter into a contract during fiscal year 2006

3 for the nuclear refueling and complex overhaul of the

4 U.S.S. Carl Vinson.

5 (c) CONDITION FOR OUT-YEAR CONTRACT PAY6 MENTS.—A contract entered into under subsection (b)

7 shall provide that any obligation of the United States to

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

9 fiscal year 2006 is subject to the availability of appropria10 tions for that purpose for such fiscal year.

11 SEC. 125. RAPID INTRAVENOUS INFUSION PUMP.

12 (a) ADDITIONAL AMOUNT FOR PROCUREMENT FOR

13 THE MARINE CORPS.—The amount authorized to be ap14 propriated by section 102(b) for procurement for the Ma15 rine Corps is hereby increased by $1,000,000.

16 (b) AVAILABILITY OF AMOUNT.—Of the amount au17 thorized to be appropriated by section 102(b) for procure18 ment for the Marine Corps, as increased by subsection (a),

19 $1,000,000 may be available for General Property for

20 Field Medical Equipment for the Rapid Intravenous (IV)

21 Infusion Pump.

22 (c) OFFSET.—The amount authorized to be appro23 priated by section 301(4) is hereby reduced by

24 $1,000,000.
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1 Subtitle D—Air Force Programs

2 SEC. 131. C–17 AIRCRAFT PROGRAM AND INTER-THEATER

3 AIRLIFT REQUIREMENTS.

4 (a) MULTIYEAR PROCUREMENT AUTHORIZED.—The

5 Secretary of the Air Force may, in accordance with section

6 2306b of title 10, United States Code, enter into a

7 multiyear contract, beginning with the fiscal year 2006

8 program year, for the procurement of up to 42 additional

9 C–17 aircraft.

10 (b) CERTIFICATION REQUIRED.—Before the exercise

11 of the authority in subsection (a), the Secretary of Defense

12 shall submit to the congressional defense committees a

13 certification that the additional airlift capacity to be pro14 vided by the C–17 aircraft to be procured under the au15 thority is consistent with the quadrennial defense review

16 under section 118 of title 10, United States Code, to be

17 submitted to Congress with the budget of the President

18 for fiscal year 2007 (as submitted under section 1105(a)

19 of title 31, United States Code), as qualified by subsection

20 (c).

21 (c) ADDITIONAL EXPLANATION OF INTER-THEATER

22 AIRLIFT REQUIREMENTS.—

23 (1) INCLUSION IN QUADRENNIAL DEFENSE RE24 VIEW.—The Secretary of Defense shall, as part of

25 the quadrennial defense review in 2005 and in ac-
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1 cordance with the provisions of section 118(d)(9) of

2 title 10, United States Code, carry out an assess3 ment of the inter-theater airlift capabilities required

4 to support the national defense strategy.

5 (2) ADDITIONAL INFORMATION.—In including

6 the assessment required by paragraph (1) in the

7 quadrennial defense review as required by that para8 graph, the Secretary shall explain how the rec9 ommendations for future airlift force structure re10 quirements in that quadrennial defense review take

11 into account the following:

12 (A) The increased airlift demands associ13 ated with the Army modular brigade combat

14 teams.

15 (B) The objective to deliver a brigade com16 bat team anywhere in the world within four to

17 seven days, a division within 10 days, and mul18 tiple divisions within 20 days.

19 (C) The increased airlift demands associ20 ated with the expanded scope of operational ac21 tivities of the Special Operations forces.

22 (D) The realignment of the overseas bas23 ing structure in accordance with the Integrated

24 Presence and Basing Strategy.
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1 (E) Adjustments in the force structure to

2 meet homeland defense requirements.

3 (F) The potential for simultaneous home4 land defense activities and major combat oper5 ations.

6 (G) Potential changes in requirements for

7 intra-theater airlift or sealift capabilities.

8 (d) MAINTENANCE OF C–17 AIRCRAFT PRODUCTION

9 LINE.—In the event the Secretary of Defense is unable

10 to make the certification specified in subsection (b), the

11 Secretary of the Air Force should procure sufficient C–

12 17 aircraft to maintain the C–17 aircraft production line

13 at not less than the minimum sustaining rate until suffi14 cient flight test data regarding improved C–5 aircraft mis15 sion capability rates as a result of the Reliability Enhance16 ment and Re-engining Program and Avionics Moderniza17 tion Program have been obtained to determine the validity

18 of assumptions concerning the C–5 aircraft used in the

19 Mobility Capabilities Study.

20 SEC. 132. PROHIBITION ON RETIREMENT OF KC–135E AIR21 CRAFT.

22 The Secretary of the Air Force may not retire any

23 KC–135E aircraft of the Air Force in fiscal year 2006.
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1 SEC. 133. USE OF TANKER REPLACEMENT TRANSFER FUND

2 FOR MODERNIZATION OF AERIAL REFUELING

3 TANKERS.

4 In addition to providing funds for a tanker acquisi5 tion program as specified in section 8132 of the Depart6 ment of Defense Appropriations Act, 2005 (Public Law

7 108–287; 118 Stat, 1001), funds in the Tanker Replace8 ment Transfer Fund established by that section may be

9 used for the modernization of existing aerial refueling

10 tankers if the modernization of such tankers is consistent

11 with the results of the analysis of alternatives for meeting

12 the aerial refueling requirements of the Air Force as re13 quired by section 134(b) of the National Defense Author14 ization Act for Fiscal Year 2004 (Public Law 108–136;

15 117 Stat. 1413).

16 SEC. 134. PROHIBITION ON RETIREMENT OF F–117 AIR17 CRAFT.

18 The Secretary of the Air Force may not retire any

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

20 in fiscal year 2006.

21 SEC. 135. PROHIBITION ON RETIREMENT OF C–130E/H TAC22 TICAL AIRLIFT AIRCRAFT.

23 The Secretary of the Air Force may not retire any

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

25 year 2006.
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1 SEC. 136. PROCUREMENT OF C–130J/KC–130J AIRCRAFT

2 AFTER FISCAL YEAR 2005.

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

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

5 through a multiyear contract continuing in force from a

6 fiscal year before fiscal year 2006) shall be procured

7 through a contract under part 15 of the Federal Acquisi8 tion Regulation (FAR), relating to acquisition of items by

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

10 than through a contract under part 12 of the Federal Ac11 quisition Regulation, relating to acquisition of commercial

12 items (48 C.F.R. 12.000 et seq.).

13 SEC. 137. AIRCRAFT FOR PERFORMANCE OF AEROMEDICAL

14 EVACUATIONS.

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

16 the Air Force shall procure aircraft for the purpose of pro17 viding aeromedical evacuation services to severely injured

18 or ill personnel.

19 (b) REQUIRED CAPABILITIES.—The aircraft pro20 cured under subsection (a) shall be capable of providing

21 nonstop aeromedical evacuations across the Atlantic

22 Ocean.

23 (c) EQUIPPING.—Any aircraft procured under sub24 section (a) shall be equipped with current aeromedical

25 support facilities, including electrical systems, sanitation,

26 temperature controls, pressurization capacity, safe medical
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1 storage, equipment and medicines for life support and

2 emergency purposes, food preparation facilities, and such

3 other facilities as the Secretary considers appropriate for

4 the provision of aeromedical evacuation services.

5 (d) DEDICATED MISSION.—Each aircraft procured

6 and equipped under this section shall be assigned the dedi7 cated mission of providing aeromedical evacuation services

8 as described in subsection (a).

9 (e) AVAILABILITY OF FUNDS.—Of the amounts au10 thorized to be appropriated by section 103(1) for aircraft

11 procurement for the Air Force, $200,000,000 shall be

12 available for the procurement and equipping of up to two

13 aircraft under this section.

14 SEC. 138. C–37B AIRCRAFT.

15 (a) ADDITIONAL AMOUNT FOR AIRCRAFT PROCURE16 MENT, AIR FORCE.—The amount authorized to be appro17 priated by section 103(1) for aircraft procurement for the

18 Air Force is hereby increased by $45,000,000.

19 (b) AVAILABILITY OF AMOUNT.—Of the amount au20 thorized to be appropriated by section 103(1) for aircraft

21 for the Air Force, as increased by subsection (a), up to

22 $45,000,000 may be used for the procurement of one C–

23 37B aircraft.

24 (c) OFFSET.—The amount authorized to be appro25 priated by section 301(1) for operation and maintenance
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1 for the Army is hereby reduced by $25,000,000, and the

2 amount authorized to be appropriated by section 301(5)

3 for operation and maintenance, defensewide, is hereby re4 duced by $20,000,000.

5 Subtitle E—Defense-Wide

6 Programs

7 SEC. 151. ADVANCED SEAL DELIVERY SYSTEM.

8 (a) LIMITATION ON AVAILABILITY OF FUNDS FOR

9 ADVANCE PROCUREMENT.—No funds authorized to be ap10 propriated by this Act for fiscal year 2006 for advance

11 procurement of components for the Advanced SEAL De12 livery System may be obligated or expended for that pur13 pose until 30 days after the date on which the Secretary

14 of Defense certifies to the congressional defense commit15 tees that the Under Secretary of Defense for Acquisition,

16 Technology, and Logistics has made a favorable milestone

17 C decision regarding the Advanced SEAL Delivery Sys18 tem. The certification shall be submitted together with the

19 comprehensive report on the Advanced SEAL Delivery

20 System required by subsection (b).

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

22 of the review of the Advanced SEAL Delivery System by

23 the Defense Acquisition Board, the Secretary shall submit

24 to the congressional defense committees a report that in25 cludes the following:
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1 (1) The result of the milestone C decision on

2 the Advanced SEAL Delivery System made by the

3 Under Secretary of Defense for Acquisition, Tech4 nology, and Logistics.

5 (2) Such recommendations as the Secretary

6 considers appropriate regarding the continuation, re7 structuring, or termination of the Advanced SEAL

8 Delivery System program, including recommenda9 tions on adjustments to contractual arrangements in

10 connection with the continuation, restructuring, or

11 termination of the program.

12 (3) A detailed summary of the revised cost esti13 mate and future cost estimates for the Advanced

14 SEAL Delivery System program, which cost esti15 mates shall be validated for purposes of the report

16 by the Cost Analysis and Improvement Group within

17 the Office of the Secretary of Defense.

18 (4) A detailed acquisition strategy for the Ad19 vanced SEAL Delivery System, if the Secretary rec20 ommends the continuation or restructuring of the

21 Advanced SEAL Delivery System program under

22 paragraph (2).

23 (5) A plan to demonstrate realistic strategies

24 for solving any technical and performance problems

25 identified during the final operational test and eval-
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1 uation of the Advanced SEAL Delivery System pro2 posed to be conducted during the summer of 2005.

3 (c) COMPTROLLER GENERAL REVIEW.—

4 (1) IN GENERAL.—In order to achieve the pur5 poses set forth in paragraph (2), the Comptroller

6 General of the United States shall—

7 (A) review the adequacy of the final oper8 ational test and evaluation test plan for the Ad9 vanced SEAL Delivery System;

10 (B) review the results of the operational

11 test of the Advanced SEAL Delivery System;

12 and

13 (C) update the March 2003 Comptroller

14 General report entitled Defense Acquisition, Ad15 vanced SEAL Delivery System Program Needs

16 Increased Oversight (GAO–03–442).

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

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

19 (A) To examine the progress made toward

20 meeting operational requirements and technical

21 challenges with respect to the Advanced SEAL

22 Delivery System.

23 (B) To assess the capacity of the Advanced

24 SEAL Delivery System program to meet sched25 ule and cost projections for that program.
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1 (C) To identify and evaluation any remain2 ing factors that may contribute to potential fu3 ture problems for the Advanced SEAL Delivery

4 System program.

5 (3) REPORT.—The Comptroller General shall

6 submit to the congressional defense committees a re7 port on the activities of the Comptroller General

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

9 2006.

10 TITLE II—RESEARCH, DEVELOP11 MENT, TEST, AND EVALUA12 TION

13 Subtitle A—Authorization of

14 Appropriations

15 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

16 Funds are hereby authorized to be appropriated for

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

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

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

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

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

22 (4) For Defense-wide activities,

23 $19,011,754,000, of which $168,458,000 is author24 ized for the Director of Operational Test and Eval25 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 SEC. 203. FUNDING FOR RESEARCH AND TECHNOLOGY

12 TRANSITION FOR HIGH-BRIGHTNESS ELEC13 TRON SOURCE PROGRAM.

14 (a) INCREASE IN FUNDS AVAILABLE TO NAVY FOR

15 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.—

16 The amount authorized to be appropriated by section

17 201(2) for research, development, test, and evaluation for

18 the Navy maybe increased by $1,500,000.

19 (b) REDUCTION IN FUNDS AVAILABLE TO ARMY FOR

20 PROCUREMENT, AMMUNITION.—The amount authorized

21 to be appropriated by section 301(4) for the Air Force

22 is hereby reduced by $1,500,000.

23 SEC. 204. FUNDING FOR DEVELOPMENT OF DISTRIBUTED

24 GENERATION TECHNOLOGIES.

25 (a) INCREASE IN FUNDS AVAILABLE TO ARMY FOR

26 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.—
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1 The amount authorized to be appropriated by section

2 201(1) for research, development, test, and evaluation for

3 the Army maybe increased by $1,000,000, with the

4 amount of such increase to be available for research on

5 and facilitation of technology for converting obsolete

6 chemical munitions to fertilizer.

7 (b) REDUCTION IN FUNDS.—The amount authorized

8 to be appropriated by section 301(4) for the Air Force

9 is hereby reduced by $1,000,000.

10 Subtitle B—Program Require11 ments, Restrictions, and Limita12 tions

13 SEC. 211. CONTRACT FOR THE PROCUREMENT OF THE FU14 TURE COMBAT SYSTEM (FCS).

15 The Secretary of the Army shall procure the Future

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

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

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

19 15.000 et seq.), rather than through a transaction under

20 section 2371 of title 10, United States Code.

21 SEC. 212. JOINT FIELD EXPERIMENT ON STABILITY AND

22 SUPPORT OPERATIONS.

23 (a) JOINT FIELD EXPERIMENT REQUIRED.—The

24 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 SEC. 213. CHEMICAL DEMILITARIZATION FACILITIES.

2 (a) AUTHORITY TO USE RESEARCH, DEVELOPMENT,

3 TEST, AND EVALUATION FUNDS TO CONSTRUCT FACILI4 TIES.—The Secretary of Defense may, using amounts au5 thorized to be appropriated by section 201(4) for research,

6 development, test, and evaluation, Defense-wide and avail7 able for chemical weapons demilitarization activities under

8 the Assembled Chemical Weapons Alternatives program,

9 carry out construction projects, or portions of construction

10 projects, for facilities necessary to support chemical de11 militarization operations at each of the following:

12 (1) Pueblo Army Depot, Colorado.

13 (2) Blue Grass Army Depot, Kentucky.

14 (b) SCOPE OF AUTHORITY.—The authority in sub15 section (a) to carry out a construction project for facilities

16 includes authority to carry out planning and design and

17 the acquisition of land for the construction or improve18 ment of such facilities.

19 (c) LIMITATION ON AMOUNT OF FUNDS.—The

20 amount of funds that may be utilized under the authority

21 in subsection (a) may not exceed $51,000,000.

22 (d) DURATION OF AUTHORITY.—A construction

23 project, or portion of a construction project, may not be

24 commenced under the authority in subsection (a) after

25 September 30, 2006.
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1 (e) NOTICE AND WAIT.—The Secretary may not

2 carry out a construction project, or portion of a construc3 tion project, under the authority in subsection (a) until

4 the end of the 21-day period beginning on the date on

5 which the Secretary notifies the congressional defense

6 committees of the intent to carry out such project.

7 SEC. 214. AGING MILITARY AIRCRAFT FLEET SUPPORT.

8 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVEL9 OPMENT, TEST, AND EVALUATION FOR THE AIR

10 FORCE.—The amount authorized to be appropriated by

11 section 201(3) for research, development, test, and evalua12 tion for the Air Force is hereby increased by $4,000,000.

13 (b) AVAILABILITY OF AMOUNT.—Of the amount au14 thorized to be appropriated by section 201(3) for research,

15 development, test, and evaluation for the Air Force, as in16 creased by subsection (a), $4,000,000 may be available for

17 Program Element #63112F for Aging Military Aircraft

18 Fleet Support.

19 (c) OFFSET.—The amount authorized to be appro20 priated by section 301(4) for operation and maintenance

21 for Air Force activities is hereby reduced by $4,000,000.

22 SEC. 215. WARHEAD/GRENADE SCIENTIFIC BASED MANU23 FACTURING TECHNOLOGY.

24 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVEL25 OPMENT, TEST, AND EVALUATION FOR THE ARMY.—The
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1 amount authorized to be appropriated by section 201(1)

2 for research, development, test, and evaluation for the

3 Army is hereby increased by $1,000,000.

4 (b) AVAILABILITY OF AMOUNT.—Of the amount au5 thorized to be appropriated by section 201(1) for research,

6 development, test, and evaluation for the Army, as in7 creased by subsection (a), $1,000,000 may be available for

8 Weapons and Ammunition Technology (PE #602624A)

9 for Warhead/Grenade Scientific Based Manufacturing

10 Technology.

11 (c) OFFSET.—The amount authorized to be appro12 priated by section 301(4) for operation and maintenance,

13 Air Force activities is hereby reduced by $1,000,000.

14 SEC. 216. JOINT SERVICE SMALL ARMS PROGRAM.

15 (a) INCREASED AMOUNT FOR RESEARCH, DEVELOP16 MENT, TEST, AND EVALUATION, ARMY.—The amount au17 thorized to be appropriated by section 201(1) for research,

18 development, test, and evaluation for the Army is hereby

19 increased by $5,000,000.

20 (b) AVAILABILITY OF AMOUNT.—Of the amount au21 thorized to be appropriated by section 201(1) for research,

22 development, test, and evaluation for the Army, as in23 creased by subsection (a), $5,000,000 may be available for

24 the Joint Service Small Arms Program.
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1 (c) OFFSET.—The amount authorized to be appro2 priated by section 301(4) is hereby reduced by

3 $5,000,000.

4 SEC. 217. FIELD PROGRAMMABLE GATE ARRAY.

5 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVEL6 OPMENT, TEST, AND EVALUATION, AIR FORCE.—The

7 amount authorized to be appropriated by section 201(3)

8 for research, development, test, and evaluation for the Air

9 Force is hereby increased by $3,000,000.

10 (b) AVAILABILITY OF AMOUNT.—Of the amount au11 thorized to be appropriated by section 201(3) for research,

12 development, test, and evaluation for the Air Force, as in13 creased by subsection (a), $3,000,000 may be available for

14 Space Technology (PE #0602601F) for research and de15 velopment on the reliability of field programmable gate ar16 rays for space applications, including design of an assur17 ance strategy, reference architectures, research and devel18 opment on reliability and radiation hardening, and out19 reach to industry and localities to develop core com20 petencies.

21 (c) OFFSET.—The amount authorized to be appro22 priated by section 301(4) is hereby reduced by

23 $3,000,000.
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1 SEC. 218. LONG WAVELENGTH ARRAY LOW FREQUENCY

2 RADIO ASTRONOMY INSTRUMENTS.

3 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVEL4 OPMENT, TEST, AND EVALUATION, NAVY.—The amount

5 authorized to be appropriated by section 201(2) for re6 search, development, test, and evaluation for the Navy is

7 hereby increased by $6,000,000.

8 (b) AVAILABILITY OF AMOUNT.—

9 (1) IN GENERAL.—Of the amount authorized to

10 be appropriated by section 201(2) for research, de11 velopment, test, and evaluation for the Navy, as in12 creased by subsection (a), $6,000,000 may be avail13 able for research and development on Long Wave14 length Array low frequency radio astronomy instru15 ments.

16 (2) CONSTRUCTION WITH OTHER AMOUNTS.—

17 The amount available under paragraph (1) for the

18 purpose set forth in that paragraph is in addition to

19 any other amounts available under this Act for that

20 purpose.

21 (c) OFFSET.—The amount authorized to be appro22 priated by section 301(4) for operation and maintenance

23 for the Air Force is hereby reduced by $6,000,000.

24 SEC. 219. DEFENSE BASIC RESEARCH PROGRAMS.

25 (a) ARMY PROGRAMS.—(1) The amount authorized

26 to be appropriated by section 201(1) for research, develop-
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1 ment, test, and evaluation for the Army is hereby in2 creased by $10,000,000.

3 (2) Of the amount authorized to be appropriated by

4 section 201(1) for research, development, test, and evalua5 tion for the Army, as increased by paragraph (1),

6 $10,000,000 may be available for Program Element

7 0601103A for University Research Initiatives.

8 (b) NAVY PROGRAMS.—(1) The amount authorized

9 to be appropriated by section 201(2) for research, develop10 ment, test, and evaluation for the Navy is hereby increased

11 by $5,000,000.

12 (2) Of the amount authorized to be appropriated by

13 section 201(2) for research, development, test, and evalua14 tion for the Navy, as increased by paragraph (1),

15 $5,000,000 may be available for Program Element

16 0601103N for University Research Initiatives.

17 (c) AIR FORCE PROGRAMS.—(1) The amount author18 ized to be appropriated by section 201(3) for research, de19 velopment, test, and evaluation for the Air Force is hereby

20 increased by $10,000,000.

21 (2) Of the amount authorized to be appropriated by

22 section 201(3) for research, development, test, and evalua23 tion for the Air Force, as increased by paragraph (1),

24 $10,000,000 may be available for Program Element

25 0601103F for University Research Initiatives.
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1 (d) DEFENSE-WIDE ACTIVITIES.—(1) The amount

2 authorized to be appropriated by section 201(4) for re3 search, development, test, and evaluation for Defense-wide

4 activities is hereby increased by $15,000,000.

5 (2) Of the amount authorized to be appropriated by

6 section 201(4) for research, development, test, and evalua7 tion for Defense-wide activities, as increased by paragraph

8 (1)—

9 (A) $10,000,000 may be available for Program

10 Element 0601120D8Z for the SMART National De11 fense Education Program; and

12 (B) $5,000,000 may be available for Program

13 Element 0601101E for the Defense Advanced Re14 search Projects Agency University Research Pro15 gram in Computer Science and Cybersecurity.

16 (e) OFFSETS.—(1) The amount authorized to be ap17 propriated by section 301(2), Operation and Maintenance,

18 Navy, is hereby reduced by $40,000,000.

19 SEC. 219A. PROJECT SHERIFF.

20 (a) AVAILABILITY OF AMOUNT.—Of the amount au21 thorized to be appropriated by section 201(4) for research,

22 development, test, and evaluation for Defense-wide activi23 ties, the amount available for the Force Transformation

24 Directorate may be increased by $10,000,000, with the

25 amount of the increase to be available for Project Sheriff.
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1 (b) OFFSET.—Of the amount authorized to be appro2 priated by section 301(4) is hereby reduced by

3 $10,000,000.

4 SEC. 219B. MEDIUM TACTICAL VEHICLE MODIFICATIONS.

5 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVEL6 OPMENT, TEST, AND EVALUATION, ARMY.—The amount

7 authorized to be appropriated by section 201(1) for Re8 search, Development, Test, and Evaluation for the Army,

9 is hereby increased by $5,000,000.

10 (b) AVAILABILITY OF AMOUNT.—Of the amount au11 thorized to be appropriated by section 201(1) for Re12 search, Development, Test, and Evaluation for the Army,

13 as increased by subsection (a), $5,000,000 may be avail14 able for Medium Tactical Vehicle Modifications.

15 (c) OFFSET.—The amount authorized to be appro16 priated by section 301(4) for Operation and Maintenance

17 for the Air Force is hereby reduced by $5,000,000.

18 Subtitle C—Missile Defense

19 Programs

20 SEC. 221. ONE-YEAR EXTENSION OF COMPTROLLER GEN21 ERAL ASSESSMENTS OF BALLISTIC MISSILE

22 DEFENSE PROGRAMS.

23 (a) EXTENSION.—Section 232(g) of the National De24 fense Authorization Act for Fiscal Year 2002 (10 U.S.C.

25 2431 note) is amended—
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1 (1) in paragraph (1), by striking ‘‘through

2 2006’’ and inserting ‘‘through 2007’’; and

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

4 2007’’ and inserting ‘‘through 2008’’.

5 (b) MODIFICATION OF SUBMITTAL DATE.—Para6 graph (2) of such section is further amended by striking

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

8 SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA9 BILITIES.

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

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

12 Defense, be used for the development and fielding of bal13 listic missile defense capabilities.

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

15 subsection are funds authorized to be appropriated for fis16 cal year 2006 or 2007 for research, development, test, and

17 evaluation for the Missile Defense Agency.

18 SEC. 223. PLANS FOR TEST AND EVALUATION OF OPER19 ATIONAL CAPABILITY OF THE BALLISTIC MIS20 SILE DEFENSE SYSTEM.

21 (a) PLANS REQUIRED.—

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

23 and each subsequent block, of the Ballistic Missile

24 Defense System, the appropriate joint and service

25 operational test and evaluation components of the
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1 Department of Defense concerned with such block

2 shall, in coordination with the Missile Defense Agen3 cy and subject to the review and approval of the Di4 rector of Operational Test and Evaluation, prepare

5 a plan to test, evaluate, and characterize the oper6 ational capability of such block.

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

8 under this subsection shall be appropriate for the

9 level of technological maturity of the block to be

10 tested.

11 (b) REPORTS ON TEST AND EVALUATION OF

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

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

14 Missile Defense System, the Director of Operational Test

15 and Evaluation shall submit to the Secretary of Defense,

16 and to the congressional defense committees, a report

17 providing—

18 (1) the assessment of the Director as to wheth19 er or not such test and evaluation was adequate to

20 evaluate the operational capability of such block; and

21 (2) the characterization of the Director as to

22 the operational effectiveness, suitability, and surviv23 ability of such block, as appropriate for the level of

24 technological maturity of the block to be tested.
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1 SEC. 224. ARROW BALLISTIC MISSILE DEFENSE SYSTEM.

2 Of the amount authorized to be appropriated by sec3 tion 201(5) for research, development, test, and evaluation

4 for Defense-wide activities and available for ballistic mis5 sile defense, $80,000,000 may be available for coproduc6 tion of the Arrow ballistic missile defense system.

7 Subtitle D—High-Performance De8 fense Manufacturing Tech9 nology Research and Develop10 ment

11 SEC. 231. RESEARCH AND DEVELOPMENT.

12 (a) IDENTIFICATION OF ENHANCED PROCESSES AND

13 TECHNOLOGIES.—The Under Secretary of the Defense for

14 Acquisition, Technology, and Logistics shall identify ad15 vanced manufacturing processes and technologies whose

16 utilization will achieve significant productivity and effi17 ciency gains in the defense manufacturing base.

18 (b) RESEARCH AND DEVELOPMENT.—The Under

19 Secretary shall undertake research and development on

20 processes and technologies identified under subsection (a)

21 that addresses, in particular—

22 (1) innovative manufacturing processes and ad23 vanced technologies; and

24 (2) the creation of extended production enter25 prises using information technology and new busi26 ness models.
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1 (c) DEFENSE PRIORITIES.—In undertaking research

2 and development under subsection (b), the Under Sec3 retary shall consider defense priorities established in the

4 most current Joint Warfighting Science and Technology

5 Plan.

6 SEC. 232. TRANSITION OF TRANSFORMATIONAL MANUFAC7 TURING PROCESSES AND TECHNOLOGIES TO

8 THE DEFENSE MANUFACTURING BASE.

9 (a) ACCELERATION OF TRANSITION FROM SCIENCE

10 AND TECHNOLOGY.—

11 (1) IN GENERAL.—The Under Secretary of De12 fense for Acquisition, Technology, and Logistics

13 shall undertake appropriate actions to accelerate the

14 transition of transformational manufacturing tech15 nologies and processes (including processes and tech16 nologies identified under section 231) from the re17 search stage to utilization by manufacturers in the

18 defense manufacturing base.

19 (2) EXECUTION.—The actions undertaken

20 under paragraph (1) shall include a memorandum of

21 understanding among the Director of Defense Re22 search and Engineering, other appropriate elements

23 of the Department of Defense, and the Joint De24 fense Manufacturing Technology Panel to accelerate
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1 the transition of technologies and processes as de2 scribed in that paragraph.

3 (b) PROTOTYPES AND TESTBEDS.—

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

5 utilizing the Manufacturing Technology Program,

6 undertake the development of prototypes and

7 testbeds to promote the purposes of this section.

8 (2) COORDINATION OF ACTIVITIES.—The Under

9 Secretary shall coordinate activities under this sub10 section with activities under the Small Business In11 novation Research Program and the Small Business

12 Technology Transfer Program.

13 (c) DEVELOPMENT OF IMPROVEMENT PROCESS.—

14 The Under Secretary shall, in consultation with persons

15 and organizations in the defense manufacturing base, de16 velop and implement a program to continuously identify

17 and utilize improvements and innovative processes in ap18 propriate defense acquisition programs and by manufac19 turers in the defense manufacturing base.

20 (d) DIFFUSION OF ENHANCEMENTS INTO DEFENSE

21 MANUFACTURING BASE.—The Under Secretary shall en22 sure the utilization in industry of enhancements in produc23 tivity and efficiency identified by reason of activities under

24 this subtitle through the following:
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1 (1) Research and development activities under

2 the Manufacturing Technology Program, including

3 the establishment of public-private partnerships.

4 (2) Outreach through the Manufacturing Ex5 tension Partnership Program under memoranda of

6 agreement, cooperative programs, and other appro7 priate arrangements.

8 (3) Coordination with activities under such

9 other current programs for the dissemination of

10 manufacturing technology as the Under Secretary

11 considers appropriate.

12 (4) Identification of incentives for contractors

13 in the defense manufacturing base to incorporate

14 and utilize manufacturing enhancements in the man15 ufacturing activities.

16 SEC. 233. MANUFACTURING TECHNOLOGY STRATEGIES.

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

18 for Acquisition, Technology, and Logistics may—

19 (1) identify an area of technology where the de20 velopment of an industry-prepared roadmap for new

21 manufacturing and technology processes applicable

22 to defense manufacturing requirements would be

23 beneficial to the Department of Defense; and

24 (2) establish a task force, and act in coopera25 tion, with the private sector to map the strategy for
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1 the development of manufacturing processes and

2 technologies needed to support technology develop3 ment in the area identified under paragraph (1).

4 (b) COMMENCEMENT OF ROADMAPPING.—The Under

5 Secretary shall commence any roadmapping identified

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

7 2007.

8 SEC. 234. REPORT.

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

10 2007, the Under Secretary of the Defense for Acquisition,

11 Technology, and Logistics shall submit to the congres12 sional defense committees a report on the actions under13 taken by the Under Secretary under this subtitle during

14 fiscal year 2006.

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

16 shall include—

17 (1) a comprehensive description of the actions

18 undertaken under this subtitle during fiscal year

19 2006;

20 (2) an assessment of effectiveness of such ac21 tions in enhancing research and development on

22 manufacturing technologies and processes, and im23 plementation of such within the defense manufac24 turing base; and
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1 (3) such recommendations as the Under Sec2 retary considers appropriate for additional actions to

3 be undertaken in order to increase the effectiveness

4 of the actions undertaken under this subtitle in en5 hancing manufacturing activities within the defense

6 manufacturing base.

7 SEC. 235. DEFINITIONS.

8 In this subtitle:

9 (1) DEFENSE MANUFACTURING BASE.—The

10 term ‘‘defense manufacturing base’’ includes any

11 supplier of the Department of Defense, including a

12 supplier of raw materials.

13 (2) EXTENDED PRODUCTION ENTERPRISE.—

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

15 system in which key entities, including entities en16 gaged in product development, manufacturing,

17 sourcing, and user entities, in the manufacturing

18 chain are linked together through information tech19 nology and other means to promote efficiency and

20 productivity.

21 (3) MANUFACTURING EXTENSION PARTNERSHIP

22 PROGRAM.—The term ‘‘Manufacturing Extension

23 Partnership Program’’ means the Manufacturing

24 Extension Partnership Program of the Department

25 of Commerce.
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1 (4) MANUFACTURING TECHNOLOGY PRO2 GRAM.—The term ‘‘Manufacturing Technology Pro3 gram’’ means the Manufacturing Technology Pro4 gram under the Director of Defense Research and

5 Engineering under section 2521 of title 10, United

6 States Code.

7 (5) SMALL BUSINESS INNOVATION RESEARCH

8 PROGRAM.—The term ‘‘Small Business Innovation

9 Research Program’’ has the meaning given that

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

11 Code.

12 (6) SMALL BUSINESS TECHNOLOGY TRANSFER

13 PROGRAM.—The term ‘‘Small Business Technology

14 Transfer Program’’ has the meaning given that term

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

16 Subtitle E—Other Matters

17 SEC. 241. EXPANSION OF ELIGIBILITY FOR LEADERSHIP OF

18 DEPARTMENT OF DEFENSE TEST RESOURCE

19 MANAGEMENT CENTER.

20 (a) DIRECTOR OF CENTER.—Paragraph (1) of sec21 tion 196(b) of title 10, United States Code, is amended

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

23 through the end of the sentence and inserting ‘‘individuals

24 who have substantial experience in the field of test and

25 evaluation.’’.
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1 (b) DEPUTY DIRECTOR OF CENTER.—Paragraph (2)

2 of such section is amended by striking ‘‘senior civilian offi3 cers and employees of the Department of Defense’’ and

4 inserting ‘‘individuals’’.

5 SEC. 242. TECHNOLOGY TRANSITION.

6 (a) CLARIFICATION OF DUTIES OF TECHNOLOGY

7 TRANSITION COUNCIL.—Paragraph (2) of section

8 2359a(g) of title 10, United States Code, is amended to

9 read as follows:

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

11 Undersecretary of Defense for Acquisition, Technology,

12 and Logistics in the development of policies to facilitate

13 the rapid transition of technologies from science and tech14 nology programs of the Department of Defense into acqui15 sition programs of the Department.’’.

16 (b) REPORT ON TECHNOLOGY TRANSITION.—

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

18 working through the Technology Transition Council,

19 shall submit to the congressional defense committees

20 a report on the challenges associated with technology

21 transition from the science and technology programs

22 of the Department of Defense to the acquisition pro23 grams of the Department, and a strategy to address

24 such challenges, including—
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1 (A) a description of any organizational

2 barriers to technology transition between oper3 ations, acquisition, and technology development

4 components of the Department;

5 (B) an assessment of the effect of Depart6 ment acquisition regulations on technology

7 transition;

8 (C) a description of the role of technology

9 transition in the planning, programming, and

10 budgeting processes of the Department;

11 (D) a description of any other challenges

12 associated with technology transition in the De13 partment that are identified by the Secretary;

14 (E) a Department-wide strategy for pur15 suing technology transition; and

16 (F) such recommendations as the Sec17 retary considers appropriate for the improve18 ment of technology transition and for the elimi19 nation of internal barriers within the Depart20 ment to technology transition.

21 (2) SUBMITTAL DATE.—The report under para22 graph (1) shall be submitted at the same time the

23 budget of the President is submitted to Congress

24 pursuant to section 1105(a) of title 31, United

25 States Code, for fiscal year 2007.
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1 SEC. 243. PREVENTION, MITIGATION, AND TREATMENT OF

2 BLAST INJURIES.

3 (a) DESIGNATION OF EXECUTIVE AGENT.—The Sec4 retary of Defense shall designate a senior official of the

5 Department of Defense as the executive agent responsible

6 for coordinating and managing the programs and efforts

7 of the Department of Defense with respect to the preven8 tion, mitigation, and treatment of blast injuries.

9 (b) GENERAL RESPONSIBILITY.—The executive

10 agent designated under subsection (a) shall be responsible

11 for ensuring that—

12 (1) the programs and efforts of the Department

13 of Defense on the prevention, mitigation, and treat14 ment of blast injuries are adequate to meet require15 ments relating to the prevention, mitigation, and

16 treatment of such injuries; and

17 (2) the resources devoted to such programs and

18 efforts facilitate the achievement of the objective

19 specified in paragraph (1).

20 (c) RESEARCH EFFORTS.—The executive agent des21 ignated under subsection (a) shall—

22 (1) review and assess the adequacy of current

23 research efforts of the Department of Defense on

24 the prevention, mitigation, and treatment of such in25 juries;
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1 (2) establish requirements for such research ef2 forts in order to enhance and accelerate such re3 search efforts; and

4 (3) establish, coordinate, and oversee Depart5 ment-wide research efforts on the prevention, mitiga6 tion, and treatment of such injuries, including—

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

8 research on—

9 (i) blast characterization in a variety

10 of environments;

11 (ii) modeling and simulation of safe

12 blast stand-off distances;

13 (iii) detect and defeat capabilities; and

14 (iv) such other matters as such offi15 cial considers appropriate;

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

17 research on—

18 (i) armor design and materials testing

19 for blast and ballistic protection;

20 (ii) the design of a comprehensive, in21 tegrated, flexible armor system which pro22 vides blast, ballistic, and fire protection for

23 the head, neck, ears, eyes, torso, and ex24 tremities; and
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1 (iii) such other matters as such offi2 cial considers appropriate; and

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

4 research on emerging military medical tech5 nologies, pharmacological agents, devices, and

6 treatment and rehabilitation techniques.

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

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

9 mitigation, and treatment of blast injuries, including—

10 (1) studies to improve the clinical evaluation

11 and treatment of blast injuries, with an emphasis on

12 traumatic brain injuries and other consequences of

13 blast injury, including acoustic and eye injuries and

14 injuries resulting from over-pressure wave; and

15 (2) studies to develop improved clinical proto16 cols by which physicians—

17 (A) can more accurately evaluate trau18 matic brain injuries and discriminate between

19 traumatic brain injuries and post traumatic

20 stress disorder (including improved diagnostic

21 and cognitive measures);

22 (B) can identify members of the Armed

23 Forces who may have both traumatic brain in24 jury and post traumatic stress disorder; and
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1 (C) can develop integrated treatment ap2 proaches for servicemembers who have both

3 traumatic brain injuries and post traumatic

4 stress disorder and other multiple injuries.

5 (e) PILOT PROJECTS.—The executive agent des6 ignated under subsection (a) shall commence in fiscal year

7 2006 not less than three pilot projects on the prevention,

8 mitigation, and treatment of blast injuries, including pilot

9 projects—

10 (1) to study the incidence in returning soldiers

11 of traumatic brain injuries attributable to blast inju12 ries;

13 (2) to develop protocols for medical tracking of

14 members of the Armed Forces for up to five years

15 following blast injuries; and

16 (3) to refine and improve educational interven17 tions for blast injury survivors and their families.

18 (f) TRAINING PROGRAM.—The executive agent des19 ignated under subsection (a) shall establish a training pro20 gram for medical and non-medical personnel on the pre21 vention, mitigation, and treatment of blast injuries which

22 program shall be intended to improve field and clinical

23 training on early identification of blast injury con24 sequences, both seen and unseen, including traumatic

25 brain injuries, acoustic injuries, and internal injuries.
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1 (g) TREATMENT PROGRAM.—The executive agent

2 designated under subsection (a) shall conduct a treatment

3 program intended to enhance the evaluation and care of

4 members of the Armed Forces with traumatic brain inju5 ries in medical facilities in the United States and in de6 ployed medical facilities.

7 (h) ANNUAL REPORTS ON BLAST INJURY MAT8 TERS.—

9 (1) REPORTS REQUIRED.—Not later than Feb10 ruary 15, 2006, and annually thereafter through

11 2010, the Secretary of Defense shall submit to the

12 congressional defense committees a report on the ef13 forts of the Department of Defense to prevent, miti14 gate, and treat blast injuries.

15 (2) ELEMENTS.—Each report under paragraph

16 (1) shall include the following:

17 (A) A description of the activities under18 taken under this section during the year pre19 ceding the report to improve the prevention,

20 mitigation, and treatment of blast injuries.

21 (B) A consolidated budget presentation for

22 the programs and activities of the Department

23 of Defense during the fiscal year beginning in

24 the year of the report for the prevention, miti25 gation, and treatment of blast injuries.
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1 (C) A description of any gaps in the capa2 bilities of the Department under its programs

3 and activities for the prevention, mitigation,

4 and treatment of blast injuries, and a descrip5 tion of any plans or projects to address such

6 gaps.

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

8 with other departments and agencies of the

9 Federal Government, and with other countries,

10 during the year preceding the report in efforts

11 for the prevention, mitigation, and treatment of

12 blast injuries.

13 (E) A description of any efforts during the

14 year preceding the report to disseminate find15 ings on the mitigation and treatment of blast

16 injuries through civilian and military research

17 and medical communities.

18 (F) A description of the status of efforts

19 during the year preceding the report to design

20 a comprehensive force protection system that is

21 effective in confronting blast, ballistic, and fire

22 threats.

23 (i) BLAST INJURIES DEFINED.—In this section, the

24 term ‘‘blast injuries’’ means injuries that occur as the re25 sult of the detonation of high explosives, including vehicle-
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1 borne and person-borne explosive devices, rocket-propelled

2 grenades, and improvised explosive devices.

3 SEC. 244. MODIFICATION OF REQUIREMENTS FOR RE4 PORTS ON PROGRAM TO AWARD PRIZES FOR

5 ADVANCED TECHNOLOGY ACHIEVEMENTS.

6 Subsection (e) of section 2374a of title 10, United

7 States Code, is amended to read as follows:

8 ‘‘(e) ANNUAL REPORT.—(1) Not later than March 1

9 each year, the Secretary shall submit to the Committees

10 on Armed Services of the Senate and the House of Rep11 resentatives a report on the activities undertaken by the

12 Defense Advanced Research Projects Agency in the pre13 ceding year under the authority of this section.

14 ‘‘(2) The report for a year under this subsection shall

15 include the following:

16 ‘‘(A) The results of consultations between the

17 Director and officials of the military departments re18 garding the areas of research, technology develop19 ment, or prototype development for which prizes

20 would be awarded under the program under this sec21 tion.

22 ‘‘(B) A description of the proposed goals of the

23 competitions established under the program, includ24 ing the areas of research, technology development, or

25 prototype development to be promoted by such com-
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1 petitions and the relationship of such areas to the

2 military missions of the Department.

3 ‘‘(C) The total amount of cash prizes awarded

4 under the program, including a description of the

5 manner in which the amounts of cash prizes award6 ed and claimed were allocated among the accounts

7 of the Defense Advanced Research Projects Agency

8 for recording as obligations and expenditures.

9 ‘‘(D) The methods used for the solicitation and

10 evaluation of submissions under the program, to11 gether with an assessment of the effectiveness of

12 such methods.

13 ‘‘(E) A description of the resources, including

14 personnel and funding, used in the execution of the

15 program, together with a detailed description of the

16 activities for which such resources were used.

17 ‘‘(F) A description of any plans to transition

18 the technologies or prototypes developed as a result

19 of the program into acquisition programs of the De20 partment.

21 ‘‘(G) For each competition under the program,

22 a statement of the reasons why the competition was

23 a preferable means of promoting basic, advanced, or

24 applied research, technology development, or proto25 type development projects to other means of pro-
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1 moting such projects, including contracts, grants, co2 operative agreements, or other transactions.’’.

3 SEC. 245. DESIGNATION OF FACILITIES AND RESOURCES

4 CONSTITUTING THE MAJOR RANGE AND TEST

5 FACILITY BASE.

6 (a) DEPARTMENT OF DEFENSE TEST RESOURCE

7 MANAGEMENT CENTER.—Section 196(h) of title 10,

8 United States Code, is amended by striking ‘‘Director of

9 Operational Test and Evaluation’’ and inserting ‘‘Sec10 retary of Defense’’.

11 (b) INSTITUTIONAL FUNDING OF TEST AND EVALUA12 TION ACTIVITIES.—Section 232(b)(1) of the Bob Stump

13 National Defense Authorization Act for Fiscal Year 2003

14 (Public Law 107–314; 116 Stat. 2490) is amended by

15 striking ‘‘Director of Operational Test and Evaluation’’

16 and inserting ‘‘Secretary of Defense’’.

17 SEC. 246. REPORT ON COOPERATION BETWEEN THE DE18 PARTMENT OF DEFENSE AND THE NATIONAL

19 AERONAUTICS AND SPACE ADMINISTRATION

20 ON RESEARCH, DEVELOPMENT, TEST, AND

21 EVALUATION ACTIVITIES.

22 (a) REPORT REQUIRED.—Not later than 180 days

23 after the date of the enactment of this Act, the Secretary

24 of Defense and the Administrator of the National Aero25 nautics and Space Administration shall jointly submit to
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1 Congress a report setting forth the recommendations of

2 the Secretary and the Administrator regarding cooperative

3 activities between the Department of Defense and the Na4 tional Aeronautics and Space Administration related to re5 search, development, test, and evaluation on areas of mu6 tual interest to the Department and the Administration.

7 (b) AREAS COVERED.—The areas of mutual interest

8 to the Department of Defense and the National Aero9 nautics and Space Administration referred to in sub10 section (a) may include, but not be limited to, areas relat11 ing to the following:

12 (1) Aeronautics research.

13 (2) Facilities, personnel, and support infra14 structure.

15 (3) Propulsion and power technologies.

16 (4) Space access and operations.

17 SEC. 247. DELAYED EFFECTIVE DATE FOR LIMITATION ON

18 PROCUREMENT OF SYSTEMS NOT GPS19 EQUIPPED.

20 (a) DELAYED EFFECTIVE DATE.—Section 152(b) of

21 the National Defense Authorization Act for Fiscal Year

22 1994 (Public Law 103–160; 107 Stat. 1578), as amended

23 by section 218(e) of the Strom Thurmond National De24 fense Authorization Act for Fiscal Year 1999 (Public Law
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1 105–261; 112 Stat. 1952; 10 U.S.C. 2281 note), is fur2 ther amended by striking ‘‘2005’’ and inserting ‘‘2007’’.

3 (b) RATIFICATION OF ACTIONS.—Any obligation or

4 expenditure of funds by the Department of Defense during

5 the period beginning on October 1, 2005, and ending on

6 the date of the enactment of this Act to modify or procure

7 a Department of Defense aircraft, ship, armored vehicle,

8 or indirect-fire weapon system that is not equipped with

9 a Global Positioning System receiver is hereby ratified.

10 SEC. 248. REPORT ON DEVELOPMENT AND USE OF ROBOT11 ICS AND UNMANNED GROUND VEHICLE SYS12 TEMS.

13 (a) REPORT REQUIRED.—Not later than nine months

14 after the date of the enactment of this Act, the Under

15 Secretary of Defense for Acquisition, Technology, and Lo16 gistics shall submit to the congressional defense commit17 tees a report on the development and utilization of robotics

18 and unmanned ground vehicle systems by the Department

19 of Defense.

20 (b) ELEMENTS.—The report required by subsection

21 (a) shall include the following:

22 (1) A description of the utilization of robotics

23 and unmanned ground vehicle systems in current

24 military operations.
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1 (2) A description of the manner in which the

2 development of robotics and unmanned ground vehi3 cle systems capabilities supports current major ac4 quisition programs of the Department of Defense.

5 (3) A detailed description, including budget es6 timates, of all Department programs and activities

7 on robotics and unmanned ground vehicle systems

8 for fiscal years 2004 through 2012, including pro9 grams and activities relating to research, develop10 ment, test and evaluation, procurement, and oper11 ation and maintenance.

12 (4) A description of the long-term research and

13 development strategy of the Department on tech14 nology for the development and integration of new

15 robotics and unmanned ground vehicle systems capa16 bilities in support of Department missions.

17 (5) A description of any planned demonstration

18 or experimentation activities of the Department that

19 will support the development and deployment of ro20 botics and unmanned ground vehicle systems by the

21 Department.

22 (6) A statement of the Department organiza23 tions currently participating in the development of

24 new robotics or unmanned ground vehicle systems
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1 capabilities, including the specific missions of each

2 such organization in such efforts.

3 (7) A description of the activities of the Depart4 ment to collaborate with industry, academia, and

5 other Government and nongovernment organizations

6 in the development of new capabilities in robotics

7 and unmanned ground vehicle systems.

8 (8) An assessment of the short-term and long9 term ability of the industrial base of the United

10 States to support the production of robotics and un11 manned ground vehicle systems to meet Department

12 requirements.

13 (9) An assessment of the progress being made

14 to achieve the goal established by section 220(a)(2)

15 of the Floyd D. Spence National Defense Authoriza16 tion Act for Fiscal Year 2001 (as enacted into law

17 by Public Law 106–398; 114 Stat. 1654A–38) that,

18 by 2015, one-third of operational ground combat ve19 hicles be unmanned.

20 (10) An assessment of international research,

21 technology, and military capabilities in robotics and

22 unmanned ground vehicle systems.
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1 TITLE III—OPERATION AND

2 MAINTENANCE

3 Subtitle A—Authorization of

4 Appropriations

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

6 Funds are hereby authorized to be appropriated for

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

8 activities and agencies of the Department of Defense for

9 expenses, not otherwise provided for, for operation and

10 maintenance, in amounts as follows:

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

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

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

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

15 (5) For Defense-wide activities,

16 $18,584,469,000.

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

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

19 (8) For the Marine Corps Reserve,

20 $199,934,000.

21 (9) For the Air Force Reserve, $2,559,686,000.

22 (10) For the Army National Guard,

23 $4,528,019,000.

24 (11) For the Air National Guard,

25 $4,772,991,000.
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1 (12) For the United States Court of Appeals

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

3 (13) For Environmental Restoration, Army,

4 $407,865,000.

5 (14) For Environmental Restoration, Navy,

6 $305,275,000.

7 (15) For Environmental Restoration, Air Force,

8 $406,461,000.

9 (16) For Environmental Restoration, Defense10 wide, $28,167,000.

11 (17) For Environmental Restoration, Formerly

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

13 (18) For Overseas Humanitarian, Disaster, and

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

15 (19) For Cooperative Threat Reduction pro16 grams, $415,549,000.

17 (20) For the Overseas Contingency Operations

18 Transfer Fund, $20,000,000.

19 SEC. 302. WORKING CAPITAL FUNDS.

20 Funds are hereby authorized to be appropriated for

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

22 activities and agencies of the Department of Defense for

23 providing capital for working capital and revolving funds

24 in amounts as follows:
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1 (1) For the Defense Working Capital Funds,

2 $1,471,340,000.

3 (2) For the National Defense Sealift Fund,

4 $1,011,304,000.

5 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

6 (a) DEFENSE HEALTH PROGRAM.—Funds are here7 by authorized to be appropriated for the Department of

8 Defense for fiscal year 2006 for expenses, not otherwise

9 provided for, for the Defense Health Program,

10 $19,900,812,000, of which—

11 (1) $19,351,337,000 is for Operation and

12 Maintenance;

13 (2) $174,156,000 is for Research, Development,

14 Test, and Evaluation; and

15 (3) $375,319,000 is for Procurement.

16 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC17 TION, DEFENSE.—(1) Funds are hereby authorized to be

18 appropriated for the Department of Defense for fiscal year

19 2006 for expenses, not otherwise provided for, for Chem20 ical Agents and Munitions Destruction, Defense,

21 $1,425,827,000, of which—

22 (A) $1,241,514,000 is for Operation and Main23 tenance;

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

25 Test, and Evaluation; and
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1 (C) $116,527,000 is for Procurement.

2 (2) Amounts authorized to be appropriated under

3 paragraph (1) are authorized for—

4 (A) the destruction of lethal chemical agents

5 and munitions in accordance with section 1412 of

6 the Department of Defense Authorization Act, 1986

7 (50 U.S.C. 1521); and

8 (B) the destruction of chemical warfare mate9 riel of the United States that is not covered by sec10 tion 1412 of such Act.

11 (c) DRUG INTERDICTION AND COUNTER-DRUG AC12 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized

13 to be appropriated for the Department of Defense for fis14 cal year 2006 for expenses, not otherwise provided for, for

15 Drug Interdiction and Counter-Drug Activities, Defense16 wide, $895,741,000.

17 (d) DEFENSE INSPECTOR GENERAL.—Funds are

18 hereby authorized to be appropriated for the Department

19 of Defense for fiscal year 2006 for expenses, not otherwise

20 provided for, for the Office of the Inspector General of

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

22 (1) $208,687,000 is for Operation and Mainte23 nance; and

24 (2) $1,000,000 is for Procurement.
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1 SEC. 304. NAVY HUMAN RESOURCES BENEFIT CALL CEN2 TER.

3 Of the amount authorized to be appropriated by sec4 tion 301(2) for operation and maintenance for the Navy,

5 $1,500,000 may be available for civilian manpower and

6 personnel for a human resources benefit call center.

7 Subtitle B—Environmental

8 Provisions

9 SEC. 311. ELIMINATION AND SIMPLIFICATION OF CERTAIN

10 ITEMS REQUIRED IN THE ANNUAL REPORT

11 ON ENVIRONMENTAL QUALITY PROGRAMS

12 AND OTHER ENVIRONMENTAL ACTIVITIES.

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

14 is amended—

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

16 (2) by inserting after subparagraph (C) the fol17 lowing new subparagraph:

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

19 or assessed against the Department of Defense and

20 the military departments under Federal, State, or

21 local environmental laws during the fiscal year in

22 which the report is submitted and the four preceding

23 fiscal years, which summary shall include—

24 ‘‘(i) a trend analysis of such fines and pen25 alties for military installations inside and out26 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 SEC. 330. MODIFICATION OF AUTHORITY OF ARMY WORK2 ING-CAPITAL FUNDED FACILITIES TO EN3 GAGE IN COOPERATIVE ACTIVITIES WITH

4 NON-ARMY ENTITIES.

5 (a) APPLICABILITY OF SUNSET.—Subsection (j) of

6 section 4544 of title 10, United States Code, is amended

7 by striking ‘‘September 30, 2009,’’ and all that follows

8 through the end and inserting September 30, 2009.’’.

9 (b) CREDITING OF PROCEEDS OF SALE OF ARTICLES

10 AND SERVICES.—Such section is further amended—

11 (1) in subsection (d), by striking ‘‘subsection

12 (e)’’ and inserting ‘‘subsection (f)’’;

13 (2) by redesignating subsections (e), (f), (g),

14 (h), and (i) as subsections (f), (g), (h), (i), and (j),

15 respectively;

16 (3) by inserting after subsection (d) the fol17 lowing new subsection (e):

18 ‘‘(e) PROCEEDS CREDITED TO WORKING CAPITAL

19 FUND.—The proceeds of sale of an article or service pur20 suant to a contract or other cooperative arrangement

21 under this section shall be credited to the working capital

22 fund that incurs the cost of manufacturing the article or

23 performing the service.’’; and

24 (4) in subsection (g), as redesignated by para25 graph (2) of this subsection, by striking ‘‘subsection

26 (e)’’ and inserting ‘‘subsection (f)’’.
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1 SEC. 331. SENSE OF THE SENATE REGARDING DEPOT MAIN2 TENANCE.

3 (a) FINDINGS.—The Senate finds that—

4 (1) the Depot Maintenance Strategy and Mas5 ter Plan of the Air Force reflects the essential re6 quirements for the Air Force to maintain a ready

7 and controlled source of organic technical com8 petence, thereby ensuring an effective and timely re9 sponse to national defense contingencies and emer10 gency requirements;

11 (2) since the publication of the Depot Mainte12 nance Strategy and Master Plan of the Air Force in

13 2002, the service has made great progress toward

14 modernizing all three of its Depots, in order to

15 maintain their status as ‘‘world class’’ maintenance

16 repair and overhaul operations;

17 (3) one of the indispensable components of the

18 Depot Maintenance Strategy and Master Plan of the

19 Air Force is the commitment of the Air Force to al20 locate $150,000,000 a year over six years, beginning

21 in fiscal year 2004, for recapitalization and invest22 ment, including the procurement of technologically

23 advanced facilities and equipment, of our Nation’s

24 three Air Force depots; and

25 (4) the funds expended to date have ensured

26 that transformation projects, such as the initial im-
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1 plementation of ‘‘Lean’’ and ‘‘Six Sigma’’ production

2 techniques, have achieved great success in reducing

3 the time necessary to perform depot maintenance on

4 aircraft.

5 (b) SENSE OF THE SENATE.—It is the sense of the

6 Senate that—

7 (1) the Air Force should be commended for the

8 implementation of its Depot Maintenance Strategy

9 and Master Plan and, in particular, meeting its com10 mitment to invest $150,000,000 a year over 6 years,

11 since fiscal year 2004, in the Nation’s 3 Air Force

12 Depots; and

13 (2) the Air Force should continue to fully fund

14 its commitment of $150,000,000 a year through fis15 cal year 2009 in investments and recapitalization

16 projects pursuant to the Depot Maintenance Strat17 egy and Master Plan.

18 SEC. 332. CHILD AND FAMILY ASSISTANCE BENEFITS FOR

19 MEMBERS OF THE ARMED FORCES.

20 (a) ADDITIONAL AMOUNT FOR OPERATION AND

21 MAINTENANCE, DEFENSE-WIDE.—The amount author22 ized to be appropriated by section 301(5) for operation

23 and maintenance, Defense-wide activities, is hereby in24 creased by $60,000,000.
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1 (b) AVAILABILITY OF AMOUNT.—Of the amount au2 thorized to be appropriated by section 301(5) for oper3 ation and maintenance, Defense-wide activities, as in4 creased by subsection (a), $60,000,000 may be available

5 as follows:

6 (1) $50,000,000 for childcare services for fami7 lies of members of the Armed Forces.

8 (2) $10,000,000 for family assistance centers

9 that primarily serve members of the Armed Forces

10 and their families.

11 (c) OFFSET.—Of the amounts authorized to be ap12 propriated by section 301(1) for operation and mainte13 nance, Army are hereby reduced by $60,000,000.

14 SEC. 333. REIMBURSEMENT FOR CERTAIN PROTECTIVE,

15 SAFETY, OR HEALTH EQUIPMENT PUR16 CHASED BY OR FOR MEMBERS OF THE

17 ARMED FORCES FOR DEPLOYMENT IN OPER18 ATIONS IN IRAQ AND CENTRAL ASIA.

19 (a) REIMBURSEMENT REQUIRED.—

20 (1) IN GENERAL.—Subject to subsections (d)

21 and (e), the Secretary of Defense shall reimburse a

22 member of the Armed Forces, or a person or entity

23 referred to in paragraph (2), for the cost (including

24 shipping cost) of any protective, safety, or health

25 equipment that was purchased by such member, or
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1 such person or entity on behalf of such member, be2 fore or during the deployment of such member in

3 Operation Noble Eagle, Operation Enduring Free4 dom, or Operation Iraqi Freedom for the use of such

5 member in connection with such operation if the unit

6 commander of such member certifies that such

7 equipment was critical to the protection, safety, or

8 health of such member.

9 (2) COVERED PERSONS AND ENTITIES.—A per10 son or entity referred to in this paragraph is a fam11 ily member or relative of a member of the Armed

12 Forces, a non-profit organization, or a community

13 group.

14 (3) REGULATIONS NOT REQUIRED FOR REIM15 BURSEMENT.—Reimbursements may be made under

16 this subsection in advance of the promulgation by

17 the Secretary of Defense of regulations, if any, relat18 ing to the administration of this section.

19 (b) PROTECTIVE EQUIPMENT REIMBURSEMENT

20 FUND.—

21 (1) ESTABLISHMENT.—There is hereby estab22 lished an account to be known as the ‘‘Protective

23 Equipment Reimbursement Fund’’ (in this sub24 section referred to as the ‘‘Fund’’).
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1 (2) ELEMENTS.—The Fund shall consist of

2 amounts deposited in the Fund from amounts avail3 able for the Fund under subsection (g).

4 (3) AVAILABILITY.—Amounts in the Fund shall

5 be available directly to the unit commanders of

6 members of the Armed Forces for the making of re7 imbursements for protective, safety, and health

8 equipment under subsection (a).

9 (4) DOCUMENTATION.—Each person seeking

10 reimbursement under subsection (a) for protective,

11 safety, or health equipment purchased by or on be12 half of a member of the Armed Forces shall submit

13 to the unit commander of such member such docu14 mentation as is necessary to establish each of the

15 following:

16 (A) The nature of such equipment, includ17 ing whether or not such equipment qualifies as

18 protective, safety, or health equipment under

19 subsection (c).

20 (B) The cost of such equipment.

21 (c) COVERED PROTECTIVE, SAFETY, AND HEALTH

22 EQUIPMENT.—Protective, safety, and health equipment

23 for which reimbursement shall be made under subsection

24 (a) shall include personal body armor, collective armor or

25 protective equipment (including armor or protective equip-
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1 ment for high mobility multi-purpose wheeled vehicles),

2 and items provided through the Rapid Fielding Initiative

3 of the Army, or equivalent programs of the other Armed

4 Forces, such as the advanced (on-the-move) hydration sys5 tem, the advanced combat helmet, the close combat optics

6 system, a Global Positioning System (GPS) receiver, a

7 gun scope, and a soldier intercommunication device.

8 (d) LIMITATION REGARDING AMOUNT OF REIM9 BURSEMENT.—The amount of reimbursement provided

10 under subsection (a) per item of protective, safety, and

11 health equipment purchased by or on behalf of any given

12 member of the Armed Forces may not exceed the lesser

13 of—

14 (1) the cost of such equipment (including ship15 ping cost); or

16 (2) $1,100.

17 (e) LIMITATION ON DATE OF PURCHASE.—Reim18 bursement may be made under subsection (a) only for pro19 tective, safety, and health equipment purchased before Oc20 tober 1, 2006.

21 (f) OWNERSHIP OF EQUIPMENT.—The Secretary

22 shall identify the circumstances, if any, under which the

23 United States shall assume title or ownership of protec24 tive, safety, or health equipment for which reimbursement

25 is provided under subsection (a).
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1 (g) FUNDING.—

2 (1) IN GENERAL.—Except as provided in para3 graph (2), amounts for reimbursements under sub4 section (a) shall be derived from any amounts au5 thorized to be appropriated by this Act.

6 (2) EXCEPTION.—Amounts authorized to be ap7 propriated by this Act and available for the procure8 ment of equipment for members of the Armed

9 Forces deployed, or to be deployed, to Iraq or Af10 ghanistan may not be utilized for reimbursements

11 under subsection (a).

12 (h) REPEAL OF SUPERSEDED AUTHORITY.—Section

13 351 of the Ronald W. Reagan National Defense Author14 ization Act for Fiscal Year 2005 (Public Law 108–375;

15 118. Stat. 1857) is repealed.

16 SEC. 334. WELFARE OF SPECIAL CATEGORY RESIDENTS AT

17 NAVAL STATION GUANTANAMO BAY, CUBA.

18 (a) IN GENERAL.—The Secretary of the Navy may

19 provide for the general welfare, including subsistence,

20 housing, and health care, of any person at Naval Station

21 Guantanamo Bay, Cuba, who is designated by the Sec22 retary, not later than 90 days after the date of the enact23 ment of this Act, as a so-called ‘‘special category resi24 dent’’.
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1 (b) PROHIBITION ON CONSTRUCTION OF FACILI2 TIES.—The authorization in subsection (a) shall not be

3 construed as an authorization for the construction of new

4 housing facilities or medical treatment facilities.

5 (c) CONSTRUCTION OF PRIOR USE OF FUNDS.—The

6 provisions of chapter 13 of title 31, United States Code,

7 are hereby deemed not to have applied to the obligation

8 or expenditure of funds before the date of the enactment

9 of this Act for the general welfare of persons described

10 in subsection (a).

11 SEC. 335. POINT OF MAINTENANCE/ARSENAL/DEPOT AIT

12 INITIATIVE.

13 (a) ADDITIONAL AMOUNT FOR OPERATION AND

14 MAINTENANCE, ARMY.—The amount authorized to be ap15 propriated by section 301(1) for operation and mainte16 nance for the Army is hereby increased by $10,000,000.

17 (b) AVAILABILITY OF AMOUNT.—Of the amount au18 thorized to be appropriated by section 301(1) for oper19 ation and maintenance for the Army, as increased by sub20 section (a), $16,000,000 may be available for the Point

21 of Maintenance/Arsenal/Depot AIT (AD–AIT) Initiative.

22 (c) OFFSET.—The amount authorized to be appro23 priated by section 301(4) is hereby reduced by

24 $10,000,000 to be derived from amounts authorized to be

25 appropriated by that section for the Air Force.
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1 SEC. 336. LONG ARM HIGH-INTENSITY ARC METAL HALIDE

2 HANDHELD SEARCHLIGHT.

3 (a) ADDITIONAL AMOUNT FOR OPERATION AND

4 MAINTENANCE, ARMY.—The amount authorized to be ap5 propriated by section 301(1) for operation and mainte6 nance for the Army is hereby increased by $4,500,000.

7 (b) AVAILABILITY OF AMOUNT.—Of the amount au8 thorized to be appropriated by section 301(1) for oper9 ation and maintenance for the Army, as increased by sub10 section (a), $4,500,000 may be available for the Long Arm

11 High-Intensity Arc Metal Halide Handheld Searchlight.

12 (c) OFFSET.—The amount authorized to be appro13 priated by section 301(4) is hereby reduced by

14 $4,500,000, with the amount of the reduction to be de15 rived from amounts authorized to be appropriated by that

16 section for the Air Force.

17 SEC. 337. REPORT ON AIRCRAFT TO PERFORM HIGH-ALTI18 TUDE AVIATION TRAINING SITE.

19 Not later than December 15, 2005, the Secretary of

20 the Army shall submit to the congressional defense com21 mittee a report containing the following:

22 (1) An evaluation of the type of aircraft avail23 able in the inventory of the Army that is most suit24 able to perform the High-Altitude Aviation Training

25 Site (HAATS) mission.
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1 (2) A determination of when such aircraft may

2 be available for assignment to the HAATS.

3 SEC. 338. DEPARTMENT OF DEFENSE SUPPORT FOR CER4 TAIN PARALYMPIC SPORTING EVENTS.

5 (a) PROVISION OF SUPPORT.—Subsection (c) of sec6 tion 2564 of title 10, United States Code, is amended by

7 adding at the end the following new paragraphs:

8 ‘‘(4) A sporting event sanctioned by the United

9 States Olympic Committee through the Paralympic

10 Military Program.

11 ‘‘(5) A national or international Paralympic

12 sporting event (other than one covered by paragraph

13 (3) or (4))—

14 ‘‘(A) which is—

15 ‘‘(i) held in the United States or any

16 of its territories or commonwealths;

17 ‘‘(ii) governed by the International

18 Paralympic Committee; and

19 ‘‘(iii) sanctioned by the United States

20 Olympic Committee; and

21 ‘‘(B) for which participation exceeds 100

22 amateur athletes.’’.

23 (b) FUNDING AND LIMITATIONS.—Such section is

24 further amended—
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1 (1) by redesignating subsections (d), (e), and

2 (f) as subsections (e), (f), and (g), respectively; and

3 (2) by inserting after subsection (c) the fol4 lowing new subsection:

5 ‘‘(d) FUNDING FOR SUPPORT OF CERTAIN

6 EVENTS.—(1) Funds to provide support for a sporting

7 event described in paragraph (4) or (5) of subsection (c)

8 shall be derived from the Support for International Sport9 ing Competitions, Defense account established by section

10 5802 of Public Law 104–208 (110 Stat. 3009–522), not11 withstanding any limitation in such section relating to the

12 availability of funds in such account for support of inter13 national sporting competitions.

14 ‘‘(2) The total amount that may be expended in any

15 fiscal year to provide support for a sporting event de16 scribed in paragraph (5) of subsection (c) may not exceed

17 $1,000,000.’’.

18 SEC. 339. SUPERVISION AND MANAGEMENT OF DEFENSE

19 BUSINESS TRANSFORMATION AGENCY.

20 Section 192 of title 10, United States Code, is

21 amended by adding at the end the following new sub22 section:

23 ‘‘(e) SPECIAL RULE FOR DEFENSE BUSINESS

24 TRANSFORMATION AGENCY.—(1) The Defense Business

25 Transformation Agency shall be supervised by the vice
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1 chairman of the Defense Business System Management

2 Committee.

3 ‘‘(2) Notwithstanding the results of any periodic re4 view under subsection (c) with regard to the Defense Busi5 ness Transformation Agency, the Secretary of Defense

6 shall designate that the Agency be managed cooperatively

7 by the Deputy Under Secretary of Defense for Business

8 Transformation and the Deputy Under Secretary of De9 fense for Financial Management.’’.

10 SEC. 340. ARMAMENT RETOOLING AND MANUFACTURING

11 SUPPORT INITIATIVE MATTERS.

12 (a) INCLUSION OF ADDITIONAL FACILITIES WITHIN

13 INITIATIVE.—Section 4551(2) of title 10, United States

14 Code, is amended by inserting ‘‘, or a Government-owned,

15 contractor-operated depot for the storage, maintenance,

16 renovation, or demilitarization of ammunition,’’ after

17 ‘‘manufacturing facility’’.

18 (b) ADDITIONAL CONSIDERATION FOR USE OF FA19 CILITIES.—Section 4554(b)(2) of such title is amended by

20 adding at the end the following new subparagraph:

21 ‘‘(D) The demilitarization and storage of con22 ventional ammunition.’’.
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1 SEC. 341. GRANTS FOR LOCAL WORKFORCE INVESTMENT

2 BOARDS FOR SERVICES FOR CERTAIN

3 SPOUSES OF MEMBERS OF THE ARMED

4 FORCES.

5 (a) GRANTS AUTHORIZED.—The Secretary of De6 fense may, from any funds authorized to be appropriated

7 to the Department of Defense, and in consultation with

8 the Department of Labor, make grants to local workforce

9 investments boards established under section 117 of the

10 Workforce Investment Act of 1998 (29 U.S.C. 2832), or

11 consortia of such boards, in order to permit such boards

12 or consortia of boards to provide services to spouses of

13 members of the Armed Forces described in subsection (b).

14 (b) COVERED SPOUSES.—Spouses of members of the

15 Armed Forces described in this subsection are spouses of

16 members of the Armed Forces on active duty, which

17 spouses—

18 (1) have experienced a loss of employment as a

19 direct result of relocation of such members to ac20 commodate a permanent change in duty station; or

21 (2) are in a family whose income is significantly

22 reduced due to—

23 (A) the deployment of such members;

24 (B) the call or order of such members to

25 active duty in support of a contingency oper26 ation pursuant to a provision of law referred to
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1 in section 101(a)(13)(B) of title 10, United

2 States Code;

3 (C) a permanent change in duty station of

4 such members; or

5 (D) the incurral by such members of a

6 service-connected disability (as that term is de7 fined in section 101(16) of title 38, United

8 States Code).

9 (c) REGULATIONS.—Any grants made under this sec10 tion shall be made pursuant to regulations prescribed by

11 the Secretary in consultation with the Department of

12 Labor. Such regulation shall set forth—

13 (1) criteria for eligibility of workforce invest14 ment boards for grants under this section;

15 (2) requirements for applications for such

16 grants; and

17 (3) the nature of services to be provided using

18 such grants.

19 SEC. 342. REST AND RECUPERATION LEAVE PROGRAMS.

20 (a) AVAILABILITY OF FUNDS FOR REIMBURSEMENT

21 OF EXPENSES.—Of the amount authorized to be appro22 priated by section 301(5) for operation and maintenance

23 for Defense-wide activities, $7,000,000 may be available

24 for the reimbursement of expenses of the Armed Forces

25 Recreation Centers related to the utilization of the facili-
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1 ties of the Armed Forces Recreation Centers under official

2 Rest and Recuperation Leave Programs authorized by the

3 military departments or combatant commanders.

4 (b) UTILIZATION OF REIMBURSEMENTS.—Amounts

5 received by the Armed Forces Recreation Centers under

6 subsection (a) as reimbursement for expenses may be uti7 lized by such Centers for facility maintenance and repair,

8 utility expenses, correction of health and safety defi9 ciencies, and routine ground maintenance.

10 (c) REGULATIONS.—The utilization of facilities of the

11 Armed Forces Recreation Centers under Rest and Recu12 peration Leave Programs, and reimbursement for ex13 penses related to such utilization of such facilities, shall

14 be subject to regulations prescribed by the Secretary of

15 Defense.

16 SEC. 343. IMPROVEMENT OF AUTHORITIES ON GENERAL

17 GIFT FUNDS OF THE DEPARTMENT OF DE18 FENSE.

19 (a) RESTATEMENT AND EXPANSION OF CURRENT

20 AUTHORITY.—Subsection (a) of section 2601 of title 10,

21 United States Code, is amended to read as follows:

22 ‘‘(a)(1) Subject to subsection (b), the Secretary con23 cerned may accept, hold, administer, and spend any gift,

24 devise, or bequest of real or personal property made on

25 the condition that it be used for the benefit, or in connec-
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1 tion with, the establishment, operation, or maintenance of

2 a school, hospital, library, museum, cemetery, or other in3 stitution or organization under the jurisdiction of such

4 Secretary.

5 ‘‘(2)(A) Subject to subsection (b), the Secretary con6 cerned may accept, hold, administer, and spend any gift,

7 devise, or bequest of real or personal property made on

8 the condition that it be used for the benefit of members

9 of the armed forces or civilian employees of United States

10 Government, or the dependents or survivors of such mem11 bers or employees, who are wounded or killed while serving

12 in Operation Iraqi Freedom, Operation Enduring Free13 dom, or any other military operation or activity, or geo14 graphic area, designated by the Secretary of Defense for

15 purposes of this section.

16 ‘‘(B) The Secretary of Defense shall prescribe regula17 tions specifying the conditions that may be attached to

18 a gift, devise, or bequest accepted under this paragraph.

19 ‘‘(C) The authority to accept gifts, devises, or be20 quests under this paragraph shall expire on December 31,

21 2007.

22 ‘‘(3) The Secretary concerned may pay all necessary

23 expenses in connection with the conveyance or transfer of

24 a gift, devise, or bequest made under this subsection.’’.
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1 (b) SCOPE OF AUTHORITY TO USE ACCEPTED PROP2 ERTY.—Such section is further amended—

3 (1) by redesignating subsections (b), (c) and (d)

4 as subsections (c), (d), and (e), respectively; and

5 (2) by inserting after subsection (a) the fol6 lowing new subsection (b):

7 ‘‘(b)(1) Except as provided in paragraph (2), prop8 erty accepted under subsection (a) may be used by the

9 Secretary concerned without further specific authorization

10 in law.

11 ‘‘(2) Property accepted under subsection (a) may not

12 be used—

13 ‘‘(A) if the use of such property in connection

14 with any program, project, or activity would result

15 in the violation of any prohibition or limitation oth16 erwise applicable to such program, project, or activ17 ity;

18 ‘‘(B) if the conditions attached to such property

19 are inconsistent with applicable law or regulations;

20 ‘‘(C) if the use of such property would reflect

21 unfavorably on ability of the Department of Defense,

22 any employee of the Department, or any member of

23 the armed forces to carry out any responsibility or

24 duty of the Department in a fair and objective man25 ner; or
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1 ‘‘(D) if the use of such property would com2 promise the integrity or appearance of integrity of

3 any program of the Department of Defense, or any

4 individual involved in such a program.’’.

5 (c) CONFORMING AMENDMENT.—Subsection (c) of

6 such section, as redesignated by subsection (b)(1) of this

7 section, is further amended in the flush matter following

8 paragraph (4) by striking ‘‘benefit or use of the designated

9 institution or organization’’ and inserting ‘‘purposes speci10 fied in subsection (a)’’.

11 (d) GAO AUDITS.—Such section is further amended

12 by adding at the end the following new subsection:

13 ‘‘(f) The Comptroller General of the United States

14 shall make periodic audits of real or personal property ac15 cepted under subsection (a) at such intervals as the Comp16 troller General determines to be warranted. The Comp17 troller General shall submit to Congress a report on the

18 results of each such audit.’’.

19 SEC. 344. COMMEMORATION OF SUCCESS OF THE ARMED

20 FORCES IN OPERATION ENDURING FREEDOM

21 AND OPERATION IRAQI FREEDOM.

22 (a) FINDING.—Congress finds that it is both right

23 and appropriate that, upon their return from Operation

24 Enduring Freedom in Afghanistan and Operation Iraqi

25 Freedom in Iraq, all soldiers, sailors, marines, and airmen
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1 in the Armed Forces who served in those operations be

2 honored and recognized for their achievements, with ap3 propriate ceremonies, activities, and awards commemo4 rating their sacrifice and service to the United States and

5 the cause of freedom in the Global War on Terrorism.

6 (b) CELEBRATION HONORING MILITARY EFFORTS IN

7 OPERATION ENDURING FREEDOM AND OPERATION IRAQI

8 FREEDOM.—The President may, at the sole discretion of

9 the President—

10 (1) designate a day of celebration to honor the

11 soldiers, sailors, marines, and airmen of the Armed

12 Forces who have served in Operation Enduring

13 Freedom or Operation Iraqi Freedom and have re14 turned to the United States; and

15 (2) issue a proclamation calling on the people of

16 the United States to observe that day with appro17 priate ceremonies and activities.

18 (c) PARTICIPATION OF ARMED FORCES IN CELEBRA19 TION.—

20 (1) PARTICIPATION AUTHORIZED.—Members

21 and units of the Armed Forces may participate in

22 activities associated with the day of celebration des23 ignated under subsection (b) that are held in Wash24 ington, District of Columbia.
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1 (2) AVAILABILITY OF FUNDS.—Subject to para2 graph (4), amounts authorized to be appropriated

3 for the Department of Defense may be used to cover

4 costs associated with the participation of members

5 and units of the Armed Forces in the activities de6 scribed in paragraph (1).

7 (3) ACCEPTANCE OF PRIVATE CONTRIBU8 TIONS.—(A) Notwithstanding any other provision of

9 law, the Secretary of Defense may accept cash con10 tributions from private individuals and entities for

11 the purposes of covering the costs of the participa12 tion of members and units of the Armed Forces in

13 the activities described in paragraph (1). Amounts

14 so accepted shall be deposited in an account estab15 lished for purposes of this paragraph.

16 (B) Amounts accepted under subparagraph (A)

17 may be used for the purposes described in that sub18 paragraph until expended.

19 (4) LIMITATION.—The total amount of funds

20 described in paragraph (2) that are available for the

21 purpose set forth in that paragraph may not exceed

22 the amount equal to—

23 (A) $20,000,000, minus

24 (B) the amount of any cash contributions

25 accepted by the Secretary under paragraph (3).
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1 (d) AWARD OF RECOGNITION ITEMS.—

2 (1) AUTHORITY TO AWARD.—Under regulations

3 prescribed by the Secretary of Defense, appropriate

4 recognition items may be awarded to any individual

5 who served honorably as a member of the Armed

6 Forces in Operation Enduring Freedom or Oper7 ation Iraqi Freedom during the Global War on Ter8 rorism. The purpose of the award of such items is

9 to recognize the contribution of such individuals to

10 the success of the United States in those operations.

11 (2) RECOGNITION ITEMS DEFINED.—In this

12 subsection, the term ‘‘recognition items’’ means rec13 ognition items authorized for presentation under sec14 tion 2261 of title 10, United States Code (as amend15 ed by section 593(a) of this Act).

16 SEC. 345. INCLUSION OF PACKET BASED TELEPHONY IN

17 DEPARTMENT OF DEFENSE TELECOMMUNI18 CATIONS BENEFIT.

19 (a) INCLUSION IN BENEFIT.—Subsection (a) of sec20 tion 344 of the National Defense Authorization Act for

21 Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1448)

22 is amended by inserting ‘‘packet based telephony service,’’

23 after ‘‘prepaid phone cards,’’.
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1 (b) INCLUSION OF INTERNET TELEPHONY IN DE2 PLOYMENT OF ADDITIONAL TELEPHONE EQUIPMENT.—

3 Subsection (e) of such section is amended—

4 (1) by inserting ‘‘or Internet service’’ after ‘‘ad5 ditional telephones’’;

6 (2) by inserting ‘‘or packet based telephony’’

7 after ‘‘to facilitate telephone’’; and

8 (3) by inserting ‘‘or Internet access’’ after ‘‘in9 stallation of telephones’’.

10 (c) CONFORMING AMENDMENTS.—Such section is

11 further amended—

12 (1) in the subsection caption of subsection (a),

13 by striking ‘‘PREPAID PHONE CARDS’’ and inserting

14 ‘‘BENEFIT’’; and

15 (2) in the subsection caption of subsection (e),

16 by inserting ‘‘OR INTERNET ACCESS’’ after ‘‘TELE17 PHONE EQUIPMENT’’.

18 SEC. 346. REPORT ON EFFECTS OF WINDMILL FARMS ON

19 MILITARY READINESS.

20 (a) FINDING.—Congress finds that the Ministry of

21 Defence of the United Kingdom has determined, as a re22 sult of a recently conducted study of the effect of windmill

23 farms on military readiness, not to permit construction of

24 windmill farms within 30 kilometers of military radar in25 stallations.
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1 (b) REPORT REQUIRED.—Not later than 180 days

2 after the date of the enactment of this Act, the Secretary

3 of Defense shall submit to the Committees on Armed Serv4 ices of the Senate and the House of Representatives a re5 port on the effects of windmill farms on military readiness,

6 including an assessment of the effects on the operations

7 of military radar installations of the proximity of windmill

8 farms to such installations and of technologies that could

9 mitigate any adverse effects on military operations identi10 fied.

11 TITLE IV—MILITARY

12 PERSONNEL AUTHORIZATIONS

13 Subtitle A—Active Forces

14 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

15 The Armed Forces are authorized strengths for active

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

17 (1) The Army, 522,400.

18 (2) The Navy, 352,700.

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

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

21 SEC. 402. REVISION OF PERMANENT ACTIVE DUTY END

22 STRENGTH MINIMUM LEVELS.

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

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

25 through (4) and inserting the following:
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1 ‘‘(1) For the Army, 522,400.

2 ‘‘(2) For the Navy, 352,700.

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

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

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

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

7 shall apply with respect to fiscal years beginning on or

8 after that date.

9 Subtitle B—Reserve Forces

10 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

12 strengths for Selected Reserve personnel of the reserve

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

14 (1) The Army National Guard of the United

15 States, 350,000.

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

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

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

19 (5) The Air National Guard of the United

20 States, 106,800.

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

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

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

24 subsection (a) for the Selected Reserve of any reserve com25 ponent shall be proportionately reduced by—
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1 (1) the total authorized strength of units orga2 nized to serve as units of the Selected Reserve of

3 such component which are on active duty (other

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

5 (2) the total number of individual members not

6 in units organized to serve as units of the Selected

7 Reserve of such component who are on active duty

8 (other than for training or for unsatisfactory partici9 pation in training) without their consent at the end

10 of the fiscal year.

11 Whenever such units or such individual members are re12 leased from active duty during any fiscal year, the end

13 strength prescribed for such fiscal year for the Selected

14 Reserve of such reserve component shall be proportion15 ately increased by the total authorized strengths of such

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

17 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

18 DUTY IN SUPPORT OF THE RESERVES.

19 Within the end strengths prescribed in section

20 411(a), the reserve components of the Armed Forces are

21 authorized, as of September 30, 2006, the following num22 ber of Reserves to be serving on full-time active duty or

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

24 Guard, for the purpose of organizing, administering, re25 cruiting, instructing, or training the reserve components:
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1 (1) The Army National Guard of the United

2 States, 27,396.

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

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

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

6 (5) The Air National Guard of the United

7 States, 13,123.

8 (6) The Air Force Reserve, 2,290.

9 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

10 (DUAL STATUS).

11 The minimum number of military technicians (dual

12 status) as of the last day of fiscal year 2006 for the re13 serve components of the Army and the Air Force (notwith14 standing section 129 of title 10, United States Code) shall

15 be the following:

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

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

18 States, 25,563.

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

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

21 States, 22,971.

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

23 STATUS TECHNICIANS.

24 (a) LIMITATIONS.—(1) Within the limitation pro25 vided in section 10217(c)(2) of title 10, United States
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1 Code, the number of non-dual status technicians employed

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

3 not exceed the following:

4 (A) For the Army National Guard of the

5 United States, 1,600.

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

7 States, 350.

8 (2) The number of non-dual status technicians em9 ployed by the Army Reserve as of September 30, 2006,

10 may not exceed 695.

11 (3) The number of non-dual status technicians em12 ployed by the Air Force Reserve as of September 30,

13 2006, may not exceed 90.

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

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

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

17 United States Code.

18 Subtitle C—Authorizations of

19 Appropriations

20 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI21 TARY PERSONNEL.

22 There is hereby authorized to be appropriated to the

23 Department of Defense for military personnel for fiscal

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

25 in the preceding sentence supersedes any other authoriza-
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1 tion of appropriations (definite or indefinite) for such pur2 pose for fiscal year 2006.

3 SEC. 422. ARMED FORCES RETIREMENT HOME.

4 There is hereby authorized to be appropriated for fis5 cal year 2006 from the Armed Forces Retirement Home

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

7 the Armed Forces Retirement Home.

8 TITLE V—MILITARY PERSONNEL

9 POLICY

10 Subtitle A—Officer Personnel

11 Policy

12 SEC. 501. EXCLUSION OF GENERAL AND FLAG OFFICERS

13 ON LEAVE PENDING SEPARATION OR RE14 TIREMENT FROM COMPUTATION OF ACTIVE

15 DUTY OFFICERS FOR GENERAL AND FLAG

16 OFFICER DISTRIBUTION AND STRENGTH LIM17 ITATIONS.

18 (a) DISTRIBUTION LIMITATIONS.—Section 525 of

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

20 end the following new subsection:

21 ‘‘(e) In determining the total number of general offi22 cers or flag officers of an armed force on active duty for

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

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

25 in the grade of rear admiral (lower half) or above in the
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1 Navy, who is on leave pending the separation, retirement,

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

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

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

5 (b) ACTIVE DUTY STRENGTH LIMITATIONS.—

6 (1) IN GENERAL.—Section 526 of such title is

7 amended by adding at the end the following new

8 subsection:

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

10 PENDING SEPARATION OR RETIREMENT.—The limita11 tions of this section do not apply to general or flag officers

12 on leave pending separation, retirement, or release from

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

14 (2) CONFORMING AMENDMENT.—The heading

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

16 striking ‘‘CERTAIN OFFICERS’’ and inserting ‘‘CER17 TAIN RESERVE OFFICERS ON ACTIVE DUTY’’.

18 SEC. 502. EXPANSION OF JOINT DUTY ASSIGNMENTS FOR

19 RESERVE COMPONENT GENERAL AND FLAG

20 OFFICERS.

21 (a) INCREASE IN AUTHORIZED NUMBER.—Section

22 526(b)(2)(A) of title 10, United States Code, is amended

23 by striking ‘‘10’’ and inserting ‘‘11’’.
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1 (b) ASSIGNMENT TO JOINT STAFF.—Such section is

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

3 after ‘‘commands’’.

4 SEC. 503. DEADLINE FOR RECEIPT BY PROMOTION SELEC5 TION BOARDS OF CORRESPONDENCE FROM

6 ELIGIBLE OFFICERS.

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

8 614(b) of title 10, United States Code, is amended by in9 serting ‘‘the date before’’ after ‘‘not later than’’.

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

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

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

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

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

15 apply with respect to selection boards convened on or after

16 that date.

17 SEC. 504. FURNISHING TO PROMOTION SELECTION BOARDS

18 OF ADVERSE INFORMATION ON OFFICERS EL19 IGIBLE FOR PROMOTION TO CERTAIN SEN20 IOR GRADES.

21 (a) OFFICERS ON ACTIVE-DUTY LIST.—

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

23 United States Code, is amended—
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1 (A) by redesignating paragraphs (3), (4),

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

3 (7), respectively; and

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

5 following new paragraph (3):

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

7 promotion to the grade of lieutenant colonel, or com8 mander in the case of the Navy, or above, any information

9 of an adverse nature, including any substantiated adverse

10 finding or conclusion from an officially documented inves11 tigation or inquiry, shall be furnished to the selection

12 board in accordance with standards and procedures set out

13 in the regulations prescribed by the Secretary of Defense

14 pursuant to paragraph (1).’’.

15 (2) CONFORMING AMENDMENTS.—Such section

16 is further amended—

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

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

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

20 and (3)’’;

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

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

23 (4)’’;

24 (C) in paragraph (6), as so redesignated—
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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘, or in paragraph

3 (3),’’ after ‘‘paragraph (2)’’; and

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

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

6 (2)’’; and

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

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

9 ‘‘paragraph (2)(B)’’.

10 (b) RESERVE OFFICERS.—

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

12 United States Code, is amended—

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

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

15 (7), respectively; and

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

17 following new paragraph (3):

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

19 promotion to the grade of lieutenant colonel, or com20 mander in the case of the Navy, or above, any information

21 of an adverse nature, including any substantiated adverse

22 finding or conclusion from an officially documented inves23 tigation or inquiry, shall be furnished to the selection

24 board in accordance with standards and procedures set out
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1 in the regulations prescribed by the Secretary of Defense

2 pursuant to paragraph (1).’’.

3 (2) CONFORMING AMENDMENTS.—Such section

4 is further amended—

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

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

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

8 and (3)’’;

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

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

11 (4)’’;

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

13 (i) in the matter preceding subpara14 graph (A), by inserting ‘‘, or in paragraph

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

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

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

18 (2)’’; and

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

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

21 ‘‘paragraph (2)(B)’’.

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

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

24 apply with respect to promotion selection boards convened

25 on or after that date.
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1 SEC. 505. GRADES OF THE JUDGE ADVOCATES GENERAL.

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

3 Section 3037(a) of title 10, United States Code, is amend4 ed by striking the last sentence and inserting the following

5 new sentences: ‘‘The Judge Advocate General, while so

6 serving, has the grade of lieutenant general. An officer ap7 pointed as Assistant Judge Advocate General who holds

8 a lower regular grade shall be appointed in the regular

9 grade of major general.’’.

10 (b) JUDGE ADVOCATE GENERAL OF THE NAVY.—

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

12 last sentence and inserting the following new sentence:

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

14 grade of vice admiral or lieutenant general, as appro15 priate.’’.

16 (c) JUDGE ADVOCATE GENERAL OF THE AIR

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

18 striking the last sentence and inserting the following new

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

20 has the grade of lieutenant general.’’.

21 (d) EXCLUSION FROM LIMITATION ON GENERAL

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

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

24 new paragraph:

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

26 General of the Army, the Judge Advocate General of the
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1 Navy, or the Judge Advocate General of the Air Force

2 is in addition to the number that would otherwise be per3 mitted for that officer’s armed force for officers serving

4 on active duty in grades above major general or rear admi5 ral under paragraph (1) or (2), as the case may be.’’.

6 SEC. 506. TEMPORARY EXTENSION OF AUTHORITY TO RE7 DUCE MINIMUM LENGTH OF COMMISSIONED

8 SERVICE FOR VOLUNTARY RETIREMENT AS

9 AN OFFICER.

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

11 States Code, is amended—

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

13 (2) in paragraph (1), as so designated, by strik14 ing ‘‘, during the period beginning on October 1,

15 1990, and ending on December 31, 2001,’’; and

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

17 paragraph:

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

19 during the period beginning on the date of the enactment

20 of the National Defense Authorization Act for Fiscal Year

21 2006 and ending on December 31, 2008.’’.

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

23 of such title is amended—

24 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’;
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1 (2) in subparagraph (A), as so designated, by

2 striking ‘‘, during the period beginning on October

3 1, 1990, and ending on December 31, 2001,’’; and

4 (3) by adding at the end the following new sub5 paragraph:

6 ‘‘(B) The authority in subparagraph (A) may be exer7 cised during the period beginning on the date of the enact8 ment of the National Defense Authorization Act for Fiscal

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

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

11 amended—

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

13 (2) in paragraph (1), as so designated, by strik14 ing ‘‘, during the period beginning on October 1,

15 1990, and ending on December 31, 2001,’’; and

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

17 paragraph:

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

19 during the period beginning on the date of the enactment

20 of the National Defense Authorization Act for Fiscal Year

21 2006 and ending on December 31, 2008.’’.
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1 SEC. 507. MODIFICATION OF STRENGTH IN GRADE LIMITA2 TIONS APPLICABLE TO RESERVE FLAG OFFI3 CERS IN ACTIVE STATUS.

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

5 12004(c) of title 10, United States Code, is amended in

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

7 ‘‘28’’ and inserting ‘‘33’’.

8 (b) MEDICAL DEPARTMENT STAFF CORPS OFFI9 CERS.—Such paragraph is further amended in the item

10 in the table relating to the Medical Department staff corps

11 officers by striking ‘‘9’’ and inserting ‘‘5’’.

12 (c) SUPPLY CORPS OFFICERS.—Paragraph (2)(A) of

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

14 ‘‘six’’.

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

16 such section is further amended in the matter preceding

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

18 SEC. 508. UNIFORM AUTHORITY FOR DEFERMENT OF SEPA19 RATION OF RESERVE GENERAL AND FLAG

20 OFFICERS FOR AGE.

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

22 States Code, is amended to read as follows:

23 ‘‘§ 14512. Separation at age 64

24 ‘‘(a) IN GENERAL.—The Secretary of the military de25 partment concerned may, subject to subsection (b), defer

26 the retirement under section 14510 or 14511 of this title
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1 of a reserve officer of the Army, Air Force, or Marine

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

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

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

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

6 (1) Not more than 10 officers may be deferred by the Sec7 retary of a military department under subsection (a) at

8 any one time.

9 ‘‘(2) Deferments by the Secretary of the Navy may

10 be distributed between the Naval Reserve and the Marine

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

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

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

14 by striking the item relating to section 14512 and insert15 ing the following new item:

‘‘14512. Separation at age 64.’’.

16 SEC. 509. APPLICABILITY OF OFFICER DISTRIBUTION AND

17 STRENGTH LIMITATIONS TO OFFICERS SERV18 ING IN INTELLIGENCE COMMUNITY POSI19 TIONS.

20 (a) IN GENERAL.—Section 528 of title 10, United

21 States Code, is amended to read as follows:

22 ‘‘§ 528. Exclusion: officers serving in certain intel23 ligence positions

24 ‘‘(a) EXCLUSION OF OFFICER SERVING IN CERTAIN

25 CIA POSITIONS.—When either of the individuals serving
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1 in a position specified in subsection (b) is an officer of

2 the armed forces, one of those officers, while serving in

3 such position, shall be excluded from the limitations in sec4 tions 525 and 526 of this title while serving in such posi5 tion.

6 ‘‘(b) COVERED POSITIONS.—The positions referred

7 to in this subsection are the following:

8 ‘‘(1) Director of the Central Intelligence Agen9 cy.

10 ‘‘(2) Deputy Director of the Central Intelligence

11 Agency.

12 ‘‘(c) ASSOCIATE DIRECTOR OF CIA FOR MILITARY

13 SUPPORT.—An officer of the armed forces serving in the

14 position of Associate Director of the Central Intelligence

15 Agency for Military Support, while serving in that posi16 tion, shall be excluded from the limitations in sections 525

17 and 526 of this title while serving in such position.

18 ‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.—Up

19 to 5 general and flag officers of the armed forces assigned

20 to positions in the Office of the Director of National Intel21 ligence designated by agreement between the Secretary of

22 Defense and the Director of National Intelligence shall be

23 excluded from the limitations in sections 525 and 526 of

24 this title while serving in such positions.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 32 of such title is amended

3 by striking the item relating to section 528 and inserting

4 the following new item:

‘‘528. Exclusion: officers serving in certain intelligence positions.’’.

5 Subtitle B—Enlisted Personnel

6 Policy

7 SEC. 521. UNIFORM CITIZENSHIP OR RESIDENCY REQUIRE8 MENTS FOR ENLISTMENT IN THE ARMED

9 FORCES.

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

11 10, United States Code, is amended—

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

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

14 (2) by adding at the end the following new sub15 section:

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

17 may be enlisted in any armed force unless such person

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

19 resident of the Federal States of Micronesia, the Republic

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

21 been lawfully admitted to the United States for permanent

22 residence under the applicable provisions of the Immigra23 tion and Nationality Act (8 U.S.C. 1101 et seq.).

24 ‘‘(2) The Secretary concerned may waive the applica25 bility of paragraph (1) to a person if such Secretary deter-
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1 mines that the enlistment of such person is vital to the

2 national interest.’’.

3 (b) REPEAL OF SUPERSEDED LIMITATIONS FOR THE

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

5 title are repealed.

6 (c) CLERICAL AMENDMENTS.—

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

8 chapter 333 of such title is amended by striking the

9 item relating to section 3253.

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

11 chapter 833 of such title is amended by striking the

12 item relating to section 8253.

13 SEC. 522. RECRUITMENT AND ENLISTMENT OF HOME

14 SCHOOLED STUDENTS IN THE ARMED

15 FORCES.

16 (a) POLICY ON RECRUITMENT AND ENLISTMENT.—

17 (1) POLICY REQUIRED.—The Secretary of De18 fense shall prescribe a policy on the recruitment and

19 enlistment of home schooled students in the Armed

20 Forces.

21 (2) UNIFORMITY ACROSS THE ARMED

22 FORCES.—The Secretary shall ensure that the policy

23 prescribed under paragraph (1) applies, to the ex24 tent practicable, uniformly across the Armed Forces.
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1 (b) ELEMENTS.—The policy under subsection (a)

2 shall include the following:

3 (1) An identification of a graduate of home

4 schooling for purposes of recruitment and enlistment

5 in the Armed Forces that is in accordance with the

6 requirements described in subsection (c).

7 (2) Provision for the treatment of graduates of

8 home schooling with no practical limit with regard to

9 enlistment eligibility.

10 (3) An exemption of graduates of home school11 ing from the requirement for a secondary school di12 ploma or an equivalent (GED) as a precondition for

13 enlistment in the Armed Forces.

14 (c) HOME SCHOOL GRADUATES.—In prescribing the

15 policy, the Secretary of Defense shall prescribe a single

16 set of criteria to be utilized by the Armed Forces in deter17 mining whether an individual is a graduate of home

18 schooling. The Secretary concerned shall ensure compli19 ance with education credential coding requirements.

20 (d) SECRETARY CONCERNED DEFINED.—In this sec21 tion, the term ‘‘Secretary concerned’’ has the meaning

22 given such term in section 101(a)(9) of title 10, United

23 States Code.
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1 SEC. 523. REPORT ON INFORMATION ON STOP LOSS AU2 THORITIES GIVEN TO ENLISTEES IN THE

3 ARMED FORCES.

4 (a) FINDINGS.—Congress makes the following find5 ings:

6 (1) The Department of Defense began retaining

7 selected members of the Armed Forces beyond their

8 contractual date of separation from the Armed

9 Forces, a policy commonly known as ‘‘stop loss’’,

10 shortly after the events of September 11, 2001, and

11 for the first time since Operation Desert Shield/

12 Desert Storm.

13 (2) The Marine Corps, Navy, and Air Force

14 discontinued their use of stop loss authority in 2003.

15 According to the Department of Defense, a total of

16 8,992 marines, 2,600 sailors, and 8,500 airmen were

17 kept beyond their separation dates under that au18 thority.

19 (3) The Army is the only Armed Force cur20 rently using stop loss authority. The Army reports

21 that, during September 2005, it was retaining 6,929

22 regular component soldiers, 3,002 soldiers in the

23 National Guard, and 2,847 soldiers in the Army Re24 serve beyond their separation date. The Army re25 ports that it has not kept an account of the cumu-
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1 lative number of soldiers who have been kept beyond

2 their separation date.

3 (4) The Department of Defense Form 4/1, En4 listment/Reenlistment Document does not give notice

5 to enlistees and reenlistees in the regular compo6 nents of the Armed Forces that they may be kept

7 beyond their contractual separation date during

8 times of partial mobilization.

9 (5) The Department of Defense has an obliga10 tion to clearly communicate to all potential enlistees

11 and reenlistees in the Armed Forces their terms of

12 service in the Armed Forces.

13 (b) REPORT.—

14 (1) IN GENERAL.—Not later than 90 days after

15 the date of the enactment of this Act, the Secretary

16 of Defense shall submit to the congressional defense

17 committees a report on the actions being taken to

18 ensure that each individual being recruited for serv19 ice in the Armed Forces is provided, before making

20 a formal enlistment in the Armed Forces, precise

21 and detailed information on the period or periods of

22 service to which such individual may be obligated by

23 reason of enlistment in the Armed Forces, including

24 any revisions to Department of Defense Form 4/1.
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1 (2) ELEMENTS.—The report under paragraph

2 (1) shall include—

3 (A) a description of how the Department

4 informs enlistees in the Armed Forces on—

5 (i) the so-called ‘‘stop loss’’ authority

6 and the manner in which exercise of such

7 authority could affect the duration of an

8 individual’s service on active duty in the

9 Armed Forces;

10 (ii) the authority for the call or order

11 to active duty of members of the Individual

12 Ready Reserve and the manner in which

13 such a call or order to active duty could af14 fect an individual following the completion

15 of the individual’s expected period of serv16 ice on active duty or in the Individual

17 Ready Reserve; and

18 (iii) any other authorities applicable to

19 the call or order to active duty of the Re20 serves, or of the retention of members of

21 the Armed Forces on active duty, that

22 could affect the period of service of an in23 dividual on active duty or in the Armed

24 Forces; and
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1 (B) such other information as the Sec2 retary considers appropriate.

3 Subtitle C—Reserve Component

4 Personnel Matters

5 SEC. 531. REQUIREMENTS FOR PHYSICAL EXAMINATIONS

6 AND MEDICAL AND DENTAL READINESS FOR

7 MEMBERS OF THE SELECTED RESERVE NOT

8 ON ACTIVE DUTY.

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

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

11 (1) in paragraph (1), by striking ‘‘examined’’

12 and all that follows through the semicolon and in13 serting ‘‘provided a comprehensive physical examina14 tion on an annual basis;’’; and

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

16 the Secretary concerned’’ and all that follows and in17 serting ‘‘to the Secretary concerned on an annual

18 basis documentation of the medical and dental readi19 ness of the member to perform military duties.’’.

20 (b) CONFORMING AMENDMENT.—The heading of

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

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

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

24 by striking ‘‘periodic’’.
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1 SEC. 532. REPEAL OF LIMITATION ON AMOUNT OF FINAN2 CIAL ASSISTANCE UNDER RESERVE OFFI3 CERS’ TRAINING CORPS SCHOLARSHIP PRO4 GRAM.

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

6 United States Code, is amended—

7 (1) by striking paragraph (4);

8 (2) by redesignating paragraph (5) as para9 graph (4); and

10 (3) in subparagraph (B) of paragraph (4), as so

11 redesignated, by striking ‘‘, (3), or (4)’’ and insert12 ing ‘‘or (3)’’.

13 (b) ARMY RESERVE AND ARMY NATIONAL GUARD

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

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

16 (2) by redesignating paragraph (4) as para17 graph (3).

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

19 the Ronald W. Reagan National Defense Authorization

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

21 1889) is amended by striking ‘‘paragraph (5)’’ and all that

22 follows through ‘‘subsection (b)’’ and inserting ‘‘para23 graph (4) of section 2107(c) of title 10, United States

24 Code (as added by subsection (a) of this section and redes25 ignated by section 532(a)(2) of the National Defense Au26 thorization Act for Fiscal Year 2006), and under para-
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1 graph (3) of section 2107a(c) of title 10, United States

2 Code (as added by subsection (b) of this section and redes3 ignated by section 532(b)(2) of such Act)’’.

4 SEC. 533. PROCEDURES FOR SUSPENDING FINANCIAL AS5 SISTANCE AND SUBSISTENCE ALLOWANCE

6 FOR SENIOR ROTC CADETS AND MID7 SHIPMEN ON THE BASIS OF HEALTH-RE8 LATED CONDITIONS.

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

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

11 following new subsection:

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

13 section for, and payment of a monthly subsistence allow14 ance under section 209 of title 37 to, a cadet or mid15 shipman appointed under this section may be suspended

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

17 midshipman only in accordance with regulations pre18 scribed under paragraph (2).

19 ‘‘(2) The Secretary of Defense shall prescribe in regu20 lations the policies and procedures for suspending pay21 ments under paragraph (1). The regulations shall apply

22 uniformly to all of the military departments. The regula23 tions shall include the following matters:

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

25 that are to be applied.
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1 ‘‘(B) Requirements for—

2 ‘‘(i) the health-related condition and prog3 nosis of a cadet or midshipman to be deter4 mined, in relation to the applicable standards

5 prescribed under subparagraph (A), by a health

6 care professional on the basis of a medical ex7 amination of the cadet or midshipman; and

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

9 consideration the determinations made under

10 clause (i) with respect to such condition in de11 ciding whether to suspend payment in the case

12 of such cadet or midshipman on the basis of

13 that condition.

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

15 to transmit to a cadet or midshipman proposed for

16 suspension under this subsection a notification of

17 the proposed suspension together with the deter18 minations made under subparagraph (B)(i) in the

19 case of the proposed suspension.

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

21 proposed for suspension under this subsection to

22 submit a written response to the proposal for sus23 pension, including any supporting information.

24 ‘‘(E) Requirements for—
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1 ‘‘(i) one or more health-care professionals

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

3 cadet or midshipman, each health-related condi4 tion and prognosis addressed in the response,

5 taking into consideration the matters submitted

6 in such response; and

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

8 consideration the determinations made under

9 clause (i) with respect to such condition in

10 making a final decision regarding whether to

11 suspend payment in the case of such cadet or

12 midshipman on the basis of that condition, and

13 the conditions under which such suspension

14 may be lifted.’’.

15 (b) TIME FOR PROMULGATION OF REGULATIONS.—

16 The Secretary of Defense shall prescribe the regulations

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

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

19 than May 1, 2006.
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1 SEC. 534. INCREASE IN MAXIMUM NUMBER OF ARMY RE2 SERVE AND ARMY NATIONAL GUARD CADETS

3 UNDER RESERVE OFFICERS’ TRAINING

4 CORPS.

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

6 amended by striking ‘‘208 cadets’’ and inserting ‘‘416 ca7 dets’’.

8 SEC. 535. MODIFICATION OF EDUCATIONAL ASSISTANCE

9 FOR RESERVES SUPPORTING CONTINGENCY

10 AND OTHER OPERATIONS.

11 (a) OFFICIAL RECEIVING ELECTIONS OF BENE12 FITS.—Section 16163(e) of title 10, United States Code,

13 is amended by striking ‘‘Secretary concerned’’ and insert14 ing ‘‘Secretary of Veterans Affairs’’.

15 (b) EXCEPTION TO IMMEDIATE TERMINATION OF AS16 SISTANCE.—Section 16165 of such title is amended—

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

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

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

20 (2) by adding at the end the following new sub21 section:

22 ‘‘(b) EXCEPTION.—Under regulations prescribed by

23 the Secretary of Defense, educational assistance may be

24 provided under this chapter to a member of the Selected

25 Reserve of the Ready Reserve who incurs a break in serv26 ice in the Selected Reserve of not more than 90 days if
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1 the member continues to serve in the Ready Reserve dur2 ing and after such break in service.’’.

3 SEC. 536. REPEAL OF LIMITATION ON AUTHORITY TO RE4 DESIGNATE THE NAVAL RESERVE AS THE

5 NAVY RESERVE.

6 Section 517(a) of the Ronald W. Reagan National

7 Defense Authorization Act for Fiscal Year 2005 (Public

8 Law 108–375; 118 Stat. 1884; 10 U.S.C. 10101 note) is

9 amended by striking ‘‘, which date’’ and all that follows

10 through the end and inserting a period.

11 SEC. 537. PERFORMANCE BY RESERVE COMPONENT PER12 SONNEL OF OPERATIONAL TEST AND EVAL13 UATION AND TRAINING RELATING TO NEW

14 EQUIPMENT.

15 (a) PILOT PROGRAM.—The Secretary of the Army

16 shall carry out a pilot program to evaluate the feasibility

17 and advisability of—

18 (1) utilizing members of the reserve components

19 of the Army, rather than contractor personnel, to

20 perform test, evaluation, new equipment training,

21 and related activities for one or more acquisition

22 programs selected by the Secretary for purposes of

23 the pilot program; and

24 (2) utilizing funds otherwise available for multi25 year purposes for such activities in appropriations
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1 for research, development, test, and evaluation, and

2 for procurement, in order to reimburse appropria3 tions for personnel for the costs of pay, allowances,

4 and expenses of such members in the performance of

5 such activities.

6 (b) NONWAIVER OF PERSONNEL AND TRAINING

7 POLICIES AND PROCEDURES.—Nothing in this section

8 may be construed to authorize any deviation from estab9 lished personnel or training policies or procedures that are

10 applicable to the reserve components of the personnel used

11 under the pilot program.

12 (c) REIMBURSEMENT AUTHORITY.—

13 (1) IN GENERAL.—Subject to paragraph (2),

14 the Secretary may transfer from appropriations for

15 research, development, test, and evaluation, or for

16 procurement, for an acquisition program under the

17 pilot program under subsection (a) to appropriations

18 for reserve component personnel of the Army

19 amounts necessary to reimburse appropriations for

20 reserve component personnel of the Army for pay,

21 allowances, and expenses of reserve component per22 sonnel of the Army in performing activities under

23 the pilot program.
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1 (2) LIMITATION.—The amount that may be

2 transferred under paragraph (1) in any fiscal year

3 may not exceed $10,000,000.

4 (3) MERGER OF FUNDS.—Amounts transferred

5 to an account under paragraph (1) shall be merged

6 with other amounts in such account, and shall be

7 available for the same period, and subject to the

8 same limitations, as the amounts with which

9 merged.

10 (4) RELATIONSHIP TO OTHER TRANSFER AU11 THORITY.—The authority to transfer funds under

12 paragraph (1) is in addition to any other authority

13 to transfer funds under law.

14 (d) TERMINATION.—The authority to carry out the

15 pilot program under subsection (a) shall expire on Sep16 tember 30, 2010.

17 (e) REPORT.—Not later than March 1, 2010, the

18 Secretary of the Army shall, in consultation with the Sec19 retary of Defense, submit to the congressional defense

20 committees a report on the pilot program under subsection

21 (a). The report shall include—

22 (1) a comprehensive description of the pilot pro23 gram, including the acquisition programs covered by

24 the pilot program and the activities performed by
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1 members of the reserve components of the Army

2 under the pilot program;

3 (2) an assessment of the benefits, including cost

4 savings and other benefits, of the performance of ac5 tivities under the pilot program by members of the

6 reserve components of the Army rather than by con7 tractor personnel; and

8 (3) any recommendations for legislative or ad9 ministrative action that the Secretary considers ap10 propriate in light of the pilot program.

11 SEC. 538. PILOT PROGRAM ON ENHANCED QUALITY OF

12 LIFE FOR MEMBERS OF THE ARMY RESERVE

13 AND THEIR FAMILIES.

14 (a) PILOT PROGRAM REQUIRED.—

15 (1) IN GENERAL.—The Secretary of the Army

16 shall carry out a pilot program to assess the feasi17 bility and advisability of utilizing a coalition of mili18 tary and civilian community personnel at military in19 stallations in order to enhance the quality of life for

20 members of the Army Reserve who serve at such in21 stallations and their families.

22 (2) LOCATIONS.—The Secretary shall carry out

23 the pilot program at a military installation selected

24 by the Secretary for purposes of the pilot program

25 in two States.
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1 (b) PARTICIPATING PERSONNEL.—A coalition of per2 sonnel under the pilot program shall consist of—

3 (1) such command personnel at the installation

4 concerned as the commander of such installation

5 considers appropriate;

6 (2) such other military personnel at such instal7 lation as the commander of such installation con8 siders appropriate; and

9 (3) appropriate members of the civilian commu10 nity of installation, such as clinicians and teachers,

11 who volunteer for participation in the coalition.

12 (c) OBJECTIVES.—

13 (1) PRINCIPLE OBJECTIVE.—The principle ob14 jective of the pilot program shall be to enhance the

15 quality of life for members of the Army Reserve and

16 their families in order to enhance the mission readi17 ness of such members, to facilitate the transition of

18 such members to and from deployment, and to en19 hance the retention of such members.

20 (2) OBJECTIVES RELATING TO DEPLOYMENT.—

21 In seeking to achieve the principle objective under

22 paragraph (1) with respect to the deployment of

23 members of the Army Reserve, each coalition under

24 the pilot program shall seek to assist members of the

25 Army Reserve and their families in—
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1 (A) successfully coping with the absence of

2 such members from their families during de3 ployment; and

4 (B) successfully addressing other difficul5 ties associated with extended deployments, in6 cluding difficulties of members on deployment

7 and difficulties of family members at home.

8 (3) METHODS TO ACHIEVE OBJECTIVES.—The

9 methods selected by each coalition under the pilot

10 program to achieve the objectives specified in this

11 subsection shall include methods as follows:

12 (A) Methods that promote a balance of

13 work and family responsibilities through a prin14 ciple-centered approach to such matters.

15 (B) Methods that promote the establish16 ment of appropriate priorities for family mat17 ters, such as the allocation of time and atten18 tion to finances, within the context of meeting

19 military responsibilities.

20 (C) Methods that promote the development

21 of meaningful family relationships.

22 (D) Methods that promote the development

23 of parenting skills intended to raise emotionally

24 healthy and empowered children.
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1 (d) REPORT.—Not later than April 1, 2007, the Sec2 retary shall submit to the congressional defense commit3 tees a report on the pilot program carried out under this

4 section. The report shall include—

5 (1) a description of the pilot program;

6 (2) an assessment of the benefits of utilizing a

7 coalition of military and civilian community per8 sonnel on military installations in order to enhance

9 the quality of life for members of the Army Reserve

10 and their families; and

11 (3) such recommendations for legislative or ad12 ministrative action as the Secretary considers appro13 priate in light of the pilot program.

14 (e) FUNDING.—

15 (1) IN GENERAL.—The amount authorized to

16 be appropriated by section 301(6) for operation and

17 maintenance for the Army Reserve is hereby in18 creased by $160,000, with the amount of the in19 crease to be available to carry out the pilot program

20 required by this section.

21 (2) OFFSET.—The amount authorized to be ap22 propriated by section 201(2) for research, develop23 ment, test, and evaluation for the Navy and avail24 able for Ship Self Defense (Detect and Control) (PE

25 #0604755N) is hereby reduced by $160,000, with
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1 the amount of the reduction to be allocated to

2 amounts for Autonomous Unmanned Surface Vessel.

3 SEC. 539. COMMENCEMENT OF RECEIPT OF NON-REGULAR

4 SERVICE RETIRED PAY BY MEMBERS OF THE

5 READY RESERVE ON ACTIVE FEDERAL STA6 TUS OR ACTIVE DUTY FOR SIGNIFICANT PE7 RIODS.

8 (a) REDUCED ELIGIBILITY AGE.—Section 12731 of

9 title 10, United States Code, is amended—

10 (1) in subsection (a), by striking paragraph (1)

11 and inserting the following:

12 ‘‘(1) has attained the eligibility age applicable

13 under subsection (f) to that person;’’; and

14 (2) by adding at the end the following new sub15 section:

16 ‘‘(f)(1) Subject to paragraph (2), the eligibility age

17 for purposes of subsection (a)(1) is 60 years of age.

18 ‘‘(2)(A) In the case of a person who as a member

19 of the Ready Reserve serves on active duty or performs

20 active service described in subparagraph (B) after Sep21 tember 11, 2001, the eligibility age for purposes of sub22 section (a)(1) shall be reduced below 60 years of age by

23 three months for each aggregate of 90 days on which such

24 person so performs in any fiscal year after such date, sub25 ject to subparagraph (C). A day of duty may be included
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1 in only one aggregate of 90 days for purposes of this sub2 paragraph.

3 ‘‘(B)(i) Service on active duty described in this sub4 paragraph is service on active duty pursuant to a call or

5 order to active duty under a provision of law referred to

6 in section 101(a)(13)(B) of this title in support of a con7 tingency operation. Such service does not include service

8 on active duty pursuant to a call or order to active duty

9 under section 12310 of this title.

10 ‘‘(ii) Active service described in this subparagraph is

11 service under a call to active service authorized by the

12 President or the Secretary of Defense under section 502(f)

13 of title 32 for purposes of responding to a national emer14 gency declared by the President or supported by Federal

15 funds.

16 ‘‘(C) The eligibility age for purposes of subsection

17 (a)(1) may not be reduced below 50 years of age for any

18 person under subparagraph (A).’’.

19 (b) CONTINUATION OF AGE 60 AS MINIMUM AGE

20 FOR ELIGIBILITY OF NON-REGULAR SERVICE RETIREES

21 FOR HEALTH CARE.—Section 1074(b) of such title is

22 amended—

23 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

24 (2) by adding at the end the following new

25 paragraph:
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1 ‘‘(2) Paragraph (1) does not apply to a member or

2 former member entitled to retired pay for non-regular

3 service under chapter 1223 of this title who is under 60

4 years of age.’’.

5 (c) ADMINISTRATION OF RELATED PROVISIONS OF

6 LAW OR POLICY.—With respect to any provision of law,

7 or of any policy, regulation, or directive of the executive

8 branch that refers to a member or former member of the

9 uniformed services as being eligible for, or entitled to, re10 tired pay under chapter 1223 of title 10, United States

11 Code, but for the fact that the member or former member

12 is under 60 years of age, such provision shall be carried

13 out with respect to that member or former member by

14 substituting for the reference to being 60 years of age a

15 reference to having attained the eligibility age applicable

16 under subsection (f) of section 12731 of title 10, United

17 States Code (as added by subsection (a)), to such member

18 or former member for qualification for such retired pay

19 under subsection (a) of such section.

20 (d) EFFECTIVE DATE AND APPLICABILITY.—The

21 amendment made by subsection (a) shall take effect as

22 of September 11, 2001, and shall apply with respect to

23 applications for retired pay that are submitted under sec24 tion 12731(a) of title 10, United States Code, on or after

25 the date of the enactment of this Act.
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1 SEC. 540. DEFENSE SCIENCE BOARD STUDY ON DEPLOY2 MENT OF MEMBERS OF THE NATIONAL

3 GUARD AND RESERVES IN THE GLOBAL WAR

4 ON TERRORISM.

5 (a) STUDY REQUIRED.—The Defense Science Board

6 shall conduct a study on the length and frequency of the

7 deployment of members of the National Guard and the

8 Reserves as a result of the global war on terrorism.

9 (b) ELEMENTS.—The study required by subsection

10 (a) shall include the following:

11 (1) An identification of the current range of

12 lengths and frequencies of deployments of members

13 of the National Guard and the Reserves.

14 (2) An assessment of the consequences for force

15 structure, morale, and mission capability of deploy16 ments of members of the National Guard and the

17 Reserves in the course of the global war on terrorism

18 that are lengthy, frequent, or both.

19 (3) An identification of the optimal length and

20 frequency of deployments of members of the Na21 tional Guard and the Reserves during the global war

22 on terrorism.

23 (4) An identification of mechanisms to reduce

24 the length, frequency, or both of deployments of

25 members of the National Guard and the Reserves

26 during the global war on terrorism.
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1 (c) REPORT.—Not later than May 1, 2006, the De2 fense Science Board shall submit to the congressional de3 fense committees a report on the study required by sub4 section (a). The report shall include the results of the

5 study and such recommendations as the Defense Science

6 Board considers appropriate in light of the study.

7 SEC. 541. ELIGIBILITY OF UNITED STATES NATIONALS FOR

8 APPOINTMENT TO THE SENIOR RESERVE OF9 FICERS’ TRAINING CORPS.

10 (a) IN GENERAL.—Section 2107(b)(1) of title 10,

11 United States Code, is amended by inserting ‘‘or national’’

12 after ‘‘citizen’’.

13 (b) ARMY RESERVE OFFICERS TRAINING PRO14 GRAMS.—Section 2107a(b)(1)(A) of such title is amended

15 by inserting ‘‘or national’’ after ‘‘citizen’’.

16 (c) ELIGIBILITY FOR APPOINTMENT AS COMMIS17 SIONED OFFICERS.—Section 532(f) of such title is amend18 ed by inserting ‘‘, or for a United States national other19 wise eligible for appointment as a cadet or midshipman

20 under section 2107(a) of this title or as a cadet under

21 section 2107a of this title,’’ after ‘‘for permanent resi22 dence’’.
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1 SEC. 542. PROMOTION OF FOREIGN LANGUAGE SKILLS

2 AMONG MEMBERS OF THE RESERVE OFFI3 CERS’ TRAINING CORPS.

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

5 support the acquisition of foreign language skills among

6 cadets and midshipmen in the Reserve Officers’ Training

7 Corps, including through the development and implemen8 tation of—

9 (1) incentives for cadets and midshipmen to

10 participate in study of a foreign language, including

11 special emphasis for Arabic, Chinese, and other

12 ‘‘strategic languages’’, as defined by the Secretary of

13 Defense in consultation with other relevant agencies;

14 and

15 (2) a recruiting strategy to target foreign lan16 guage speakers, including members of heritage com17 munities, to participate in the Reserve Officers’

18 Training Corps.

19 (b) REPORT REQUIRED.—Not later than 180 days

20 after the date of the enactment of this Act, the Secretary

21 shall submit to the congressional defense committees a re22 port on the actions taken to carry out this section.

23 SEC. 543. SENSE OF SENATE ON CERTAIN MATTERS RELAT24 ING TO THE NATIONAL GUARD AND RE25 SERVES.

26 It is the sense of the Senate—
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1 (1) to recognize the important and integral role

2 played by members of the Active Guard and Reserve

3 and military technicians (dual status) in the efforts

4 of the Armed Forces; and

5 (2) to urge the Secretary of Defense to prompt6 ly resolve issues relating to appropriate authority for

7 payment of reenlistment bonuses stemming from re8 enlistment contracts entered into between January

9 14, 2005, and April 17, 2005, involving members of

10 the Army National Guard and military technicians

11 (dual status).

12 Subtitle D—Military Justice and

13 Related Matters

14 SEC. 551. MODIFICATION OF PERIODS OF PROSECUTION BY

15 COURTS-MARTIAL FOR MURDER, RAPE, AND

16 CHILD ABUSE.

17 (a) UNLIMITED PERIOD FOR MURDER AND RAPE.—

18 Subsection (a) of section 843 of title 10, United States

19 Code (article 43 of the Uniform Code of Military Justice),

20 is amended by striking ‘‘or with any offense’’ and inserting

21 ‘‘with murder or rape, or with any other offense’’.

22 (b) EXTENDED PERIOD FOR CHILD ABUSE.—Sub23 section (b)(2) of such section (article) is amended—

24 (1) in subparagraph (A), by striking ‘‘before

25 the child attains the age of 25 years’’ and all that
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1 follows through the period and inserting ‘‘by an offi2 cer exercising summary court-martial jurisdiction

3 with respect to that person during the life of the vic4 tim or the date that is five years after the date of

5 the offense, whichever is the later date.’’;

6 (2) in subparagraph (B)—

7 (A) in the matter preceding clause (i), by

8 striking ‘‘sexual or physical’’; and

9 (B) in clause (v), by striking ‘‘Indecent as10 sault,’’ and inserting ‘‘Kidnapping, indecent as11 sault,’’; and

12 (3) by adding at the end the following new sub13 paragraph:

14 ‘‘(C) In subparagraph (A), the term ‘child abuse of15 fense’ also includes an act that involves abuse of a person

16 who has not attained the age of 18 years and would con17 stitute an offense under chapter 110 or 117 or section

18 1591 of title 18.’’.

19 SEC. 552. ESTABLISHMENT OF OFFENSE OF STALKING.

20 (a) ESTABLISHMENT OF OFFENSE.—Subchapter X

21 of chapter 47 of title 10, United States Code (the Uniform

22 Code of Military Justice), is amended by inserting after

23 section 893 (article 93) the following new section (article):

24 ‘‘§ 893a. Art. 93a. Stalking

25 ‘‘(a) Any person subject to this chapter—
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1 ‘‘(1) who wrongfully engages in a course of con2 duct directed at a specific person that would cause

3 a reasonable person to fear death or bodily harm, in4 cluding sexual assault, to himself or herself or a

5 member of his or her immediate family;

6 ‘‘(2) who has knowledge, or should have knowl7 edge, that the specific person will be placed in rea8 sonable fear of death or bodily harm, including sex9 ual assault, to himself or herself or a member of his

10 or her immediate family; and

11 ‘‘(3) whose acts induce reasonable fear in the

12 specific person of death or bodily harm, including

13 sexual assault, to himself or herself or to a member

14 of his or her immediate family,

15 is guilty of stalking and shall be punished as a court-mar16 tial may direct.

17 ‘‘(b) For purposes of this section:

18 ‘‘(1) The term ‘course of conduct’ means—

19 ‘‘(A) a repeated maintenance of visual or

20 physical proximity to a specific person; or

21 ‘‘(B) a repeated conveyance of verbal

22 threat, written threats, or threats implied by

23 conduct, or a combination of such threats, di24 rected at or toward a specific person.
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1 ‘‘(2) The term ‘repeated’, with respect to con2 duct, means two or more occasions of such conduct.

3 ‘‘(3) The term ‘immediate family’, in the case

4 of a specific person, means a spouse, parent, child,

5 or sibling of the person, or any other family member

6 or relative of the person who regularly resides in the

7 household of the person or who within the six

8 months preceding the commencement of the course

9 of conduct regularly resided in the household of the

10 person.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections at

12 the beginning of subchapter X of such chapter is amended

13 by inserting after the item relating to section 893 (article

14 93) the following new item:

‘‘893a. Art. 93a. Stalking.’’.

15 SEC. 553. CLARIFICATION OF AUTHORITY OF MILITARY

16 LEGAL ASSISTANCE COUNSEL.

17 Section 1044 of title 10, United States Code, is

18 amended—

19 (1) by redesignating subsection (d) as sub20 section (e); and

21 (2) by inserting after subsection (c) the fol22 lowing new subsection (d):

23 ‘‘(d)(1) Notwithstanding any law regarding the licen24 sure of attorneys, a judge advocate or civilian attorney

25 who is authorized to provide military legal assistance is
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1 authorized to provide that assistance in any jurisdiction,

2 subject to such regulations as may be prescribed by the

3 Secretary concerned.

4 ‘‘(2) Military legal assistance may be provided only

5 by a judge advocate or a civilian attorney who is a member

6 of the bar of a Federal court or of the highest court of

7 a State.

8 ‘‘(3) In this subsection, the term ‘military legal as9 sistance’ includes—

10 ‘‘(A) legal assistance provided under this sec11 tion; and

12 ‘‘(B) legal assistance contemplated by sections

13 1044a, 1044b, 1044c, and 1044d of this title.’’.

14 SEC. 554. ADMINISTRATIVE CENSURES OF MEMBERS OF

15 THE ARMED FORCES.

16 (a) AUTHORITY TO ISSUE ADMINISTRATIVE CEN17 SURES.—

18 (1) AUTHORITY OF SECRETARY OF DEFENSE.—

19 The Secretary of Defense may issue, in writing, an

20 administrative censure to any member of the Armed

21 Forces.

22 (2) AUTHORITY OF SECRETARIES OF MILITARY

23 DEPARTMENTS.—The Secretary of a military depart24 ment may issue, in writing, an administrative cen-
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1 sure to any member of the Armed Forces under the

2 jurisdiction of such Secretary.

3 (3) REGULATIONS.—Administrative censures

4 shall be issued under this section pursuant to regu5 lations prescribed by the Secretary of Defense. The

6 regulations shall apply uniformly throughout the

7 military departments.

8 (b) ADMINISTRATIVE CENSURE.—For purposes of

9 this section, an administrative censure is a statement of

10 adverse opinion or criticism with respect to the conduct

11 or performance of duty of a member of the Armed Forces.

12 (c) FINALITY.—An administrative censure issued

13 under this section is final and may not be appealed by

14 the member of the Armed Forces concerned.

15 (d) CONSTRUCTION.—The authority under this sec16 tion to issue administrative censures with respect to the

17 conduct or performance of duty of a member of the Armed

18 Forces is in addition to the authority to impose non-judi19 cial punishment with respect to such conduct or perform20 ance of duty under section 815 of title 10, United States

21 Code (article 15 of the Uniform Code of Military Justice).
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1 SEC. 555. REPORTS BY OFFICERS AND SENIOR ENLISTED

2 PERSONNEL OF MATTERS RELATING TO VIO3 LATIONS OR ALLEGED VIOLATIONS OF

4 CRIMINAL LAW.

5 (a) REQUIREMENT FOR REPORTS.—

6 (1) IN GENERAL.—The Secretary of Defense

7 shall prescribe in regulations a requirement that

8 each covered member of the Armed Forces, whether

9 on the active-duty list or on the reserve active-status

10 list, shall submit to an authority in the military de11 partment concerned designated pursuant to such

12 regulations a timely report on any investigation, ar13 rest, charge, detention, adjudication, or conviction of

14 such member by any law enforcement authority of

15 the United States for a violation of a criminal law

16 of the United States, whether or not such member

17 is on active duty at the time of the conduct that pro18 vides the basis of such investigation, arrest, charge,

19 detention, adjudication, or conviction. The regula20 tions shall apply uniformly throughout the military

21 departments.

22 (2) COVERED MEMBERS.—In this section, the

23 term ‘‘covered member of the Armed Forces’’ means

24 the following:

25 (A) An officer.
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1 (B) An enlisted member in the grade of E–

2 7 or above.

3 (b) LAW ENFORCEMENT AUTHORITY OF THE

4 UNITED STATES.—For purposes of this section, a law en5 forcement authority of the United States includes—

6 (1) a military or other Federal law enforcement

7 authority;

8 (2) a State or local law enforcement authority;

9 and

10 (3) such other law enforcement authorities

11 within the United States as the Secretary shall

12 specify in the regulations prescribed pursuant to

13 subsection (a).

14 (c) CRIMINAL LAW OF THE UNITED STATES.—

15 (1) IN GENERAL.—Except as provided in para16 graph (2), for purposes of this section, a criminal

17 law of the United States includes—

18 (A) any military or other Federal criminal

19 law;

20 (B) any State, county, municipal, or local

21 criminal law or ordinance; and

22 (C) such other criminal laws and ordi23 nances of jurisdictions within the United States

24 as the Secretary shall specify in the regulations

25 prescribed pursuant to subsection (a).
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1 (2) EXCEPTION.—For purposes of this section,

2 a criminal law of the United States shall not include

3 a law or ordinance specifying a minor traffic offense

4 (as determined by the Secretary for purposes of such

5 regulations).

6 (d) ACTIONS SUBJECT TO REPORT.—

7 (1) IN GENERAL.—The regulations prescribed

8 pursuant to subsection (a) shall specify each action

9 of a law enforcement authority of the United States

10 for which a report under that subsection shall be re11 quired.

12 (2) MULTIPLE REPORTS ON SINGLE CON13 DUCT.—If the conduct of a covered member of the

14 Armed Forces would provide the basis for actions of

15 a law enforcement authority of the United States

16 warranting more than one report under this section,

17 the regulations shall specify which of such actions

18 such be subject to a report under this section.

19 (e) TIMELINESS OF REPORTS.—The regulations pre20 scribed pursuant to subsection (a) shall establish require21 ments for the timeliness of reports under this section.

22 (f) FORWARDING OF INFORMATION.—The regula23 tions prescribed pursuant to subsection (a) shall provide

24 that, in the event a military department receives informa25 tion that a covered member of the Armed Forces under
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1 the jurisdiction of another military department has be2 come subject to an investigation, arrest, charge, detention,

3 adjudication, or conviction for which a report is required

4 by this section, the Secretary of the military department

5 receiving such information shall, in accordance with such

6 procedures as the Secretary of Defense shall establish in

7 such regulations, forward such information to the author8 ity in the military department having jurisdiction over

9 such member designated pursuant to such regulations.

10 (g) DEADLINE FOR REGULATIONS.—The regulations

11 required by subsection (a), including the requirement in

12 subsection (f), shall go into effect not later than January

13 1, 2006.

14 SEC. 556. SENSE OF SENATE ON APPLICABILITY OF UNI15 FORM CODE OF MILITARY JUSTICE TO RE16 SERVES ON INACTIVE-DUTY TRAINING OVER17 SEAS.

18 It is the sense of the Senate that—

19 (1) there should be no ambiguity about the ap20 plicability of the Uniform Code of Military Justice

21 (UCMJ) to members of the reserve components of

22 the Armed Forces while serving overseas under inac23 tive-duty training (IDT) orders for any period of

24 time under such orders; and

25 (2) the Secretary of Defense should—
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1 (A) take action, not later than February 1,

2 2006, to clarify jurisdictional issues relating to

3 such applicability under section 802 of title 10,

4 United States Code (article 2 of the Uniform

5 Code of Military Justice); and

6 (B) if necessary, submit to Congress a pro7 posal for legislative action to ensure the appli8 cability of the Uniform Code of Military Justice

9 to members of the reserve components of the

10 Armed Forces while serving overseas under in11 active-duty training orders.

12 Subtitle E—Military Service

13 Academies

14 SEC. 561. AUTHORITY TO RETAIN PERMANENT MILITARY

15 PROFESSORS AT THE NAVAL ACADEMY

16 AFTER MORE THAN 30 YEARS OF SERVICE.

17 (a) AUTHORITY TO RETAIN.—

18 (1) IN GENERAL.—Chapter 603 of title 10,

19 United States Code, is amended by inserting after

20 section 6952 the following new section:

21 ‘‘§ 6952a. Faculty: retention of permanent military

22 professors

23 ‘‘(a) RETIREMENT FOR YEARS OF SERVICE.—(1) Ex24 cept as provided in subsection (b), an officer serving as

25 a permanent military professor at the Naval Academy in
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1 the grade of commander who is not on a list of officers

2 recommended for promotion to the grade of captain shall,

3 if not earlier retired, be retired on the first day of the

4 month after the month in which the officer completes 28

5 years of active commissioned service.

6 ‘‘(2) Except as provided in subsection (b), an officer

7 serving as a permanent military professor at the Naval

8 Academy in the grade of captain who is not on a list of

9 officers recommended for promotion to the grade of rear

10 admiral (lower half) shall, if not earlier retired, be retired

11 on the first day of the month after the month in which

12 the officer completes 30 years of active commissioned serv13 ice.

14 ‘‘(b) CONTINUATION ON ACTIVE DUTY.—(1) An offi15 cer subject to retirement under subsection (a) may be con16 tinued on active duty by the Secretary of the Navy after

17 the date otherwise provided for retirement under such

18 subsection—

19 ‘‘(A) upon the recommendation of the Super20 intendent of the Naval Academy; and

21 ‘‘(B) with the concurrence of the Chief of Naval

22 Operations.

23 ‘‘(2) The Secretary of the Navy shall determine the

24 period of continuation on active duty of an officer under

25 this subsection.
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1 ‘‘(c) ELIGIBILITY FOR PROMOTION.—A permanent

2 military professor at the Naval Academy who has been re3 tained on active duty as a permanent military professor

4 after more than 28 years of active commissioned service

5 in the grade of commander under subsection (b) is eligible

6 for consideration for promotion to the grade of captain.’’.

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such chapter is amended

9 by inserting after the item relating to section 6952

10 the following new item:

‘‘6952a. Faculty: retention of permanent military professors.’’.

11 (b) CONFORMING AMENDMENTS.—

12 (1) Section 633 of such title is amended—

13 (A) by striking ‘‘and an officer’’ and in14 serting ‘‘, an officer’’; and

15 (B) by inserting ‘‘, and an officer who is

16 a permanent military professor at the Naval

17 Academy to whom section 6952a of this title

18 applies,’’ after ‘‘section 6383 of this title ap19 plies’’.

20 (2) Section 634 of such title is amended by in21 serting ‘‘and an officer who is a permanent military

22 professor at the Naval Academy to whom section

23 6952a of this title applies,’’ after ‘‘section

24 6383(a)(4) of this title’’.
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1 Subtitle F—Administrative Matters

2 SEC. 571. CLARIFICATION OF LEAVE ACCRUAL FOR MEM3 BERS ASSIGNED TO A DEPLOYABLE SHIP OR

4 MOBILE UNIT OR OTHER DUTY.

5 Subparagraph (B) of section 701(f)(1) of title 10,

6 United States Code, is amended to read as follows:

7 ‘‘(B) This subsection applies to a member who—

8 ‘‘(i) serves on active duty for a continuous pe9 riod of at least 120 days in an area in which the

10 member is entitled to special pay under section

11 310(a) of title 37;

12 ‘‘(ii) is assigned to a deployable ship or mobile

13 unit or to other duty designated for the purpose of

14 this section; or

15 ‘‘(iii) on or after August 29, 2005, performs

16 duty designated by the Secretary of Defense as

17 qualifying duty for purposes of this subsection.’’.

18 SEC. 572. LIMITATION ON CONVERSION OF MILITARY MED19 ICAL AND DENTAL BILLETS TO CIVILIAN PO20 SITIONS.

21 (a) LIMITATION.—Commencing as of the date of the

22 enactment of this Act, no military medical or dental billet

23 may be converted to a civilian position until 90 days after

24 the date on which the Secretary of Defense certifies to
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1 the congressional defense committees each of the fol2 lowing:

3 (1) That the conversion of military medical or

4 dental billets to civilian positions, whether before the

5 date of the enactment or as scheduled after the limi6 tation under this subsection no longer applies, will

7 not result in an increase in civilian health care costs.

8 (2) That the conversion of such billets to such

9 positions meets the joint medical and dental readi10 ness requirements of the uniformed services, as de11 termined jointly by all the uniformed services.

12 (3) That, as determined pursuant to market

13 surveys conducted under subsection (b), the civilian

14 medical and dental care providers available in each

15 affected area are adequate to fill the civilian posi16 tions created by the conversion of such billets to

17 such positions in such affected area.

18 (b) MARKET SURVEYS.—The Secretary of Defense

19 shall conduct in each affected area a survey of the avail20 ability of civilian medical and dental care providers in such

21 area in order to determine, for purposes of subsection

22 (a)(3), whether or not the civilian medical and dental care

23 providers available in such area are adequate to fill the

24 civilian positions created by the conversion of medical and

25 dental billets to civilian positions in such area.
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1 (c) DEFINITIONS.—In this section:

2 (1) The term ‘‘affected area’’ means an area in

3 which the conversion of military medical or dental

4 billets to civilian positions has taken place as of the

5 date of the enactment of this Act or is scheduled to

6 take place after the limitation under subsection (a)

7 no longer applies.

8 (2) The term ‘‘uniformed services’’ has the

9 meaning given that term in section 1072(1) of title

10 10, United States Code.

11 SEC. 573. UNIFORM POLICY ON PARENTAL LEAVE AND

12 SIMILAR LEAVE.

13 (a) POLICY REQUIRED.—The Secretary of Defense

14 shall prescribe in regulations a uniform policy for the tak15 ing by members of the Armed Forces of parental leave

16 to cover leave to be used in connection with births or adop17 tions, as the Secretary shall designate under the policy.

18 (b) UNIFORMITY ACROSS ARMED FORCES.—The pol19 icy prescribed under subsection (a) shall apply uniformly

20 across the Armed Forces.

21 SEC. 574. MENTAL HEALTH SCREENINGS OF MEMBERS OF

22 THE ARMED FORCES FOR POST TRAUMATIC

23 STRESS DISORDER AND OTHER MENTAL

24 HEALTH CONDITIONS.

25 (a) MENTAL HEALTH SCREENINGS.—
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1 (1) IN GENERAL.—Under regulations prescribed

2 by the Secretary of Defense, the Secretary concerned

3 shall perform mental health screenings of each mem4 ber of the Armed Forces who is deployed in a com5 bat operation or to a combat zone.

6 (b) NATURE OF SCREENINGS.—The first mental

7 health screening of a member under this section shall be

8 designed to determine the mental state of such member

9 before deployment. Each other mental health screening of

10 a member under this section shall be designated to detect

11 symptoms or other evidence in such member of Post Trau12 matic Stress Disorder (PTSD) or other mental health con13 dition relating to combat.

14 (c) TIME OF SCREENINGS.—A member shall receive

15 a mental health screening under this section at times as

16 follows:

17 (1) Prior to deployment in a combat operation

18 or to a combat zone.

19 (2) Not later than 30 days after the date of the

20 member’s return from such deployment.

21 (3) Not later than 120 days after the date of

22 the member’s return from such deployment.
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1 SEC. 575. SENSE OF THE SENATE ON NOTICE TO CONGRESS

2 OF RECOGNITION OF MEMBERS OF THE

3 ARMED FORCES FOR EXTRAORDINARY ACTS

4 OF BRAVERY, HEROISM, AND ACHIEVEMENT.

5 It is the sense of the Senate that the Secretary of

6 Defense or the Secretary of the military department con7 cerned should, upon awarding a medal to a member of

8 the Armed Forces or otherwise commending or recog9 nizing a member of the Armed Forces for an act of ex10 traordinary heroism, bravery, achievement, or other dis11 tinction, notify the Committees on Armed Services of the

12 Senate and the House of Representatives, the Senators

13 from the State in which such member resides, and the

14 Member of the House of Representatives from the district

15 in which such member resides of such extraordinary

16 award, commendation, or recognition.

17 SEC. 576. NATIONAL CALL TO SERVICE PROGRAM.

18 (a) LIMITATION TO DOMESTIC NATIONAL SERVICE

19 PROGRAMS.—Subsection (c)(3)(D) of section 510 of title

20 10, United States Code, is amended by striking ‘‘in the

21 Peace Corps, Americorps, or another national service pro22 gram’’ and inserting ‘‘in Americorps or another domestic

23 national service program’’.

24 (b) ADMINISTRATION OF EDUCATION INCENTIVES BY

25 SECRETARY OF VETERANS AFFAIRS.—Paragraph (2) of
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1 subsection (h) of such section is amended to read as fol2 lows:

3 ‘‘(2)(A) Educational assistance under paragraphs (3)

4 or (4) of subsection (e) shall be provided through the De5 partment of Veterans Affairs under an agreement to be

6 entered into by the Secretary of Defense and the Secretary

7 of Veterans Affairs. The agreements shall include adminis8 trative procedures to ensure the prompt and timely trans9 fer of funds from the Secretary concerned to the Secretary

10 of Veterans Affairs for the making of payments under this

11 section.

12 ‘‘(B) Except as otherwise provided in this section, the

13 provisions of sections 503, 511, 3470, 3471, 3474, 3476,

14 3482(g), 3483, and 3485 of title 38 and the provisions

15 of subchapters I and II of chapter 36 of such title (with

16 the exception of sections 3686(a), 3687, and 3692) shall

17 be applicable to the provision of educational assistance

18 under this chapter. The term ‘eligible veteran’ and the

19 term ‘person’, as used in those provisions, shall be deemed

20 for the purpose of the application of those provisions to

21 this section to refer to a person eligible for educational

22 assistance under paragraph (3) or (4) of subsection (e).’’.
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1 SEC. 577. DESIGNATION OF IKE SKELTON EARLY COMMIS2 SIONING PROGRAM SCHOLARSHIPS.

3 Section 2107a of title 10, United States Code, is

4 amended by adding at the end the following new sub5 section:

6 ‘‘(j) Financial assistance provided under this section

7 to a cadet appointed at a military junior college is des8 ignated as, and shall be known as, an ‘Ike Skelton Early

9 Commissioning Program Scholarship’.’’.

10 Subtitle G—Defense Dependents

11 Education Matters

12 SEC. 581. EXPANSION OF AUTHORIZED ENROLLMENT IN

13 DEPARTMENT OF DEFENSE DEPENDENTS

14 SCHOOLS OVERSEAS.

15 The Defense Dependents’ Education Act of 1978 (20

16 U.S.C. 931 et seq.) is amended by inserting after section

17 1404 the following new section:

18 ‘‘ENROLLMENT OF CERTAIN ADDITIONAL CHILDREN ON

19 TUITION-FREE BASIS

20 ‘‘SEC. 1404A. (a) The Secretary of Defense may,

21 under regulations to be prescribed by the Secretary, au22 thorize the enrollment in schools of the defense depend23 ents’ education system on a tuition-free basis the children

24 of full-time, locally-hired employees of the Department of

25 Defense in an overseas area if such employees are citizens

26 or nationals of the United States.
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1 ‘‘(b) The Secretary may utilize funds available for the

2 defense dependents’ education system, including funds for

3 construction, in order to provide for the education of chil4 dren enrolled in the defense dependents’ education system

5 under subsection (a).’’.

6 SEC. 582. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

7 WITH SIGNIFICANT ENROLLMENT INCREASES

8 OR DECREASES IN MILITARY DEPENDENT

9 STUDENTS DUE TO TROOP RELOCATIONS,

10 CREATION OF NEW UNITS, AND REALIGN11 MENTS UNDER BRAC.

12 (a) AVAILABILITY OF ASSISTANCE.—To assist com13 munities in making adjustments resulting from the cre14 ation of new units and other large-scale relocations of

15 members of the Armed Forces between military installa16 tions, the Secretary of Defense may make payments to

17 local educational agencies described in subsection (b) that,

18 during the period between the end of the school year pre19 ceding the fiscal year for which the payments are author20 ized and the beginning of the school year immediately pre21 ceding that school year, had an overall increase or de22 crease in the number of military dependent students en23 rolled in schools of such local educational agencies equal

24 to or greater than 250 military dependent students.
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1 (b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A

2 local educational agency is eligible for assistance under

3 this section for a fiscal year only if the Secretary of De4 fense determines that—

5 (1) the local educational agency is eligible for

6 educational agencies assistance for the same fiscal

7 year; and

8 (2) the required overall increase or decrease in

9 the number of military dependent students enrolled

10 in schools of that local educational agency, as pro11 vided in subsection (a), occurred as a result of the

12 relocation of military personnel due to—

13 (A) the global rebasing plan of the Depart14 ment of Defense;

15 (B) the official creation or activation of

16 one or more new military units;

17 (C) the realignment of forces as a result of

18 the base closure process; or

19 (D) a change in the number of housing

20 units on a military installation.

21 (c) NOTIFICATION.—Not later than June 30, 2006,

22 and June 30 of each of the next two fiscal years, the Sec23 retary of Defense shall notify each local educational agen24 cy that is eligible for assistance under this section for such

25 fiscal year of—
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1 (1) the eligibility of the local educational agency

2 for the assistance; and

3 (2) the amount of the assistance for which that

4 local educational agency is eligible, as determined

5 under subsection (d).

6 (d) AMOUNT OF ASSISTANCE.—

7 (1) IN GENERAL.—In making assistance avail8 able to local educational agencies under this section,

9 the Secretary of Defense shall, in consultation with

10 the Secretary of Education, make assistance avail11 able to such local educational agencies for a fiscal

12 year on a pro rata basis based on the size of the

13 overall increase or decrease in the number of mili14 tary and Department of Defense civilian dependent

15 students enrolled in schools of those local edu16 cational agencies for such fiscal year.

17 (2) LIMITATION.—No local educational agency

18 may receive more than $1,000,000 in assistance

19 under this section for any fiscal year.

20 (e) DISBURSEMENT OF FUNDS.—The Secretary of

21 Defense shall disburse assistance made available under

22 this section for a fiscal year not later than 30 days after

23 the date on which notification to the eligible local edu24 cational agencies is provided pursuant to subsection (c)

25 for that fiscal year.
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1 (f) CONSULTATION.—The Secretary of Defense shall

2 carry out this section in consultation with the Secretary

3 of Education.

4 (g) REPORTS.—

5 (1) REPORTS REQUIRED.—Not later than May

6 1 of each of 2007, 2008, and 2009, the Secretary

7 of Defense shall submit to the congressional defense

8 committees a report on the assistance provided

9 under this section during the fiscal year preceding

10 the date of such report.

11 (2) ELEMENT.—Each report on the assistance

12 provided during a fiscal year under this section shall

13 include an assessment and description of the current

14 compliance of each local educational agency receiving

15 such assistance with the requirements of the No

16 Child Left Behind Act of 2001 (Public Law 107–

17 110).

18 (h) FUNDING.—Of the amount authorized to be ap19 propriated to the Department of Defense for fiscal years

20 2006, 2007, and 2008 for operation and maintenance for

21 Defense-wide activities, $15,000,000 shall be available for

22 each such fiscal year only for the purpose of providing as23 sistance to local educational agencies under this section.
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1 (i) TERMINATION.—The authority of the Secretary of

2 Defense to provide financial assistance under this section

3 shall expire on September 30, 2008.

4 (j) DEFINITIONS.—In this section:

5 (1) The term ‘‘base closure process’’ means the

6 2005 base closure and realignment process author7 ized by Defense Base Closure and Realignment Act

8 of 1990 (part A of title XXIX of Public Law 101–

9 510; 10 U.S.C. 2687 note) or any base closure and

10 realignment process conducted after the date of the

11 enactment of this Act under section 2687 of title 10,

12 United States Code, or any other similar law en13 acted after that date.

14 (2) The term ‘‘educational agencies assistance’’

15 means assistance authorized under section 386(b) of

16 the National Defense Authorization Act for Fiscal

17 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

18 note).

19 (3) The term ‘‘local educational agency’’ has

20 the meaning given that term in section 8013(9) of

21 the Elementary and Secondary Education Act of

22 1965 (20 U.S.C. 7713(9)).

23 (4) The term ‘‘military dependent students’’ re24 fers to—
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1 (A) elementary and secondary school stu2 dents who are dependents of members of the

3 Armed Forces; and

4 (B) elementary and secondary school stu5 dents who are dependents of civilian employees

6 of the Department of Defense.

7 SEC. 583. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

8 THAT BENEFIT DEPENDENTS OF MEMBERS

9 OF THE ARMED FORCES AND DEPARTMENT

10 OF DEFENSE CIVILIAN EMPLOYEES.

11 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

12 PROGRAM FOR FISCAL YEAR 2006.—Of the amount au13 thorized to be appropriated pursuant to section 301(5) for

14 operation and maintenance for Defense-wide activities,

15 $30,000,000 shall be available only for the purpose of pro16 viding educational agencies assistance to local educational

17 agencies.

18 (b) NOTIFICATION.—Not later than June 30, 2006,

19 the Secretary of Defense shall notify each local edu20 cational agency that is eligible for educational agencies as21 sistance for fiscal year 2006 of—

22 (1) that agency’s eligibility for the assistance;

23 and

24 (2) the amount of the assistance for which that

25 agency is eligible.
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1 (c) DISBURSEMENT OF FUNDS.—The Secretary of

2 Defense shall disburse funds made available under sub3 section (a) not later than 30 days after the date on which

4 notification to the eligible local educational agencies is

5 provided pursuant to subsection (b).

6 (d) DEFINITIONS.—In this section:

7 (1) The term ‘‘educational agencies assistance’’

8 means assistance authorized under section 386(b) of

9 the National Defense Authorization Act for Fiscal

10 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

11 note).

12 (2) The term ‘‘local educational agency’’ has

13 the meaning given that term in section 8013(9) of

14 the Elementary and Secondary Education Act of

15 1965 (20 U.S.C. 7713(9)).

16 (3) The term ‘‘basic support payment’’ means

17 a payment authorized under section 8003(b)(1) of

18 the Elementary and Secondary Education Act of

19 1965 (20 U.S.C. 7703(b)(1)).

20 SEC. 584. IMPACT AID FOR CHILDREN WITH SEVERE DIS21 ABILITIES.

22 Of the amount authorized to be appropriated pursu23 ant to section 301(5) for operation and maintenance for

24 Defense-wide activities, $5,000,000 shall be available for

25 payments under section 363 of the Floyd D. Spence Na-
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1 tional Defense Authorization Act for Fiscal Year 2001 (as

2 enacted into law by Public Law 106–398; 114 Stat.

3 1654A–77; 20 U.S.C. 7703a).

4 SEC. 585. PILOT PROJECTS ON PEDIATRIC EARLY LIT5 ERACY AMONG CHILDREN OF MEMBERS OF

6 THE ARMED FORCES.

7 (a) PILOT PROJECTS AUTHORIZED.—The Secretary

8 of Defense may conduct pilot projects to assess the feasi9 bility, advisability, and utility of encouraging pediatric lit10 eracy among the children of members of the Armed Forces

11 utilizing the Reach Out and Read model of pediatric early

12 literacy.

13 (b) LOCATIONS.—

14 (1) IN GENERAL.—The pilot projects conducted

15 under subsection (a) shall be conducted at not more

16 than 20 military medical treatment facilities des17 ignated by the Secretary for purposes of this section.

18 (2) CO-LOCATION WITH CERTAIN INSTALLA19 TIONS.—In designating military medical treatment

20 facilities under paragraph (1), the Secretary shall, to

21 the extent practicable, designate facilities that are

22 located on, or co-located with, military installations

23 at which the mobilization or demobilization of mem24 bers of the Armed Forces occurs.
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1 (c) ACTIVITIES.—Activities under the pilot projects

2 conducted under subsection (a) shall include activities in

3 accordance with the Reach Out and Read model of pedi4 atric early literacy as follows:

5 (1) The provision of training to health care pro6 viders and other appropriate personnel on early lit7 eracy promotion.

8 (2) The purchase and distribution of children’s

9 books to members of the Armed Forces, their

10 spouses, and their children.

11 (3) The modification of treatment facility and

12 clinic waiting rooms to include a full selection of lit13 erature for children.

14 (4) The dissemination to members of the

15 Armed Forces and their spouses of parent education

16 materials on pediatric early literacy.

17 (5) Such other activities as the Secretary con18 siders appropriate.

19 (d) CONSULTATION.—The Secretary shall consult

20 with the Reach Out and Read National Center in the de21 velopment and implementation of the pilot projects con22 ducted under this section, including in the designation of

23 locations of the pilot projects under subsection (b).

24 (e) REPORT.—
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1 (1) IN GENERAL.—Not later than March 1,

2 2007, the Secretary shall submit to the congres3 sional defense committees a report on the pilot

4 projects conducted under this section.

5 (2) ELEMENTS.—The report under paragraph

6 (1) shall include—

7 (A) a description of the pilot projects con8 ducted under this section, including the location

9 of each pilot project and the activities con10 ducted under each pilot project; and

11 (B) an assessment of the feasibility, advis12 ability, and utility of encouraging pediatric

13 early literacy among the children of members of

14 the Armed Forces utilizing the Reach Out and

15 Read model of pediatric early literacy.

16 (f) FUNDING.—

17 (1) IN GENERAL.—Of the amount authorized to

18 be appropriated by section 301(5) for operation and

19 maintenance for Defense-wide activities, up to

20 $2,000,000 may be available for the pilot projects

21 authorized by this section.

22 (2) AVAILABILITY.—The amount available

23 under paragraph (1) shall remain available until ex24 pended.
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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, through a computer acces12 sible Internet website and other means and at no

13 cost to survivors of military decedents, of personal14 ized, integrated information on the benefits and fi15 nancial assistance available to such survivors from

16 the Federal Government.

17 (7) The provision, at no cost to survivors of

18 military decedents, of legal assistance by military at19 torneys on matters arising from the deaths of such

20 decedents, including tax matters, on an expedited,

21 prioritized basis.

22 (8) The provision of financial counseling to sur23 vivors of military decedents, particularly with respect

24 to appropriate disposition of death gratuity and in-
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1 surance proceeds received by surviving spouses,

2 minor dependent children, and their representatives.

3 (9) The provision of information to survivors

4 and next of kin of military decedents on mechanisms

5 for registering complaints about, or requests for, ad6 ditional assistance related to casualty assistance.

7 (10) Liaison with the Department of Veterans

8 Affairs and the Social Security Administration in

9 order to ensure prompt and accurate resolution of

10 issues relating to benefits administered by those

11 agencies for survivors of military decedents.

12 (11) Data collection regarding the incidence

13 and quality of casualty assistance provided to sur14 vivors of military decedents, including surveys of

15 such survivors and military and civilian members as16 signed casualty assistance duties.

17 (c) ADOPTION BY MILITARY DEPARTMENTS.—Not

18 later than March 1, 2006, the Secretary of each military

19 department shall prescribe regulations, or modify current

20 regulations, on the policies and procedures of such mili21 tary department on the provision of casualty assistance

22 to survivors and next of kin of military decedents in order

23 to conform such policies and procedures to the policy de24 veloped under subsection (a).
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1 (d) REPORT ON IMPROVEMENT OF CASUALTY AS2 SISTANCE PROGRAMS.—Not later than May 1, 2006, the

3 Secretary of Defense shall submit to the Committees on

4 Armed Services of the Senate and the House of Represent5 atives a report that includes—

6 (1) the assessment of the Secretary of the ade7 quacy and sufficiency of the current casualty assist8 ance programs of the military departments;

9 (2) a plan for a system for the uniform provi10 sion to survivors of military decedents of personal11 ized, accurate, and integrated information on the

12 benefits and financial assistance available to such

13 survivors through the casualty assistance programs

14 of the military departments under subsection (c);

15 and

16 (3) such recommendations for other legislative

17 or administrative action as the Secretary considers

18 appropriate to enhance and improve such programs

19 to achieve their intended purposes.

20 (e) GAO REPORT.—

21 (1) REPORT REQUIRED.—Not later than Au22 gust 1, 2006, the Comptroller General of the United

23 States shall submit to the congressional defense

24 committees a report on the evaluation by the Comp25 troller General of the casualty assistance programs
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1 of the Department of Defense and of such other de2 partments and agencies of the Federal Government

3 as provide casualty assistance to survivors and next

4 of kin of military decedents.

5 (2) ASSESSMENT.—The report shall include the

6 assessment of the Comptroller General of the ade7 quacy of the current policies and procedures of, and

8 funding for, the casualty assistance programs cov9 ered by the report to achieve their intended pur10 poses.

11 SEC. 592. MODIFICATION AND ENHANCEMENT OF MISSION

12 AND AUTHORITIES OF THE NAVAL POST13 GRADUATE SCHOOL.

14 (a) COMBAT-RELATED FOCUS FOR NAVAL POST15 GRADUATE SCHOOL.—

16 (1) IN GENERAL.—Section 7041 of title 10,

17 United States Code, is amended by striking ‘‘for the

18 advanced instruction’’ and all that follows and in19 serting ‘‘for the provision of advanced instruction,

20 and professional and technical education, to commis21 sioned officers of the naval service to enhance com22 bat effectiveness and the national security.’’.

23 (2) CONFORMING AMENDMENT.—Section

24 7042(b)(1) of such title is amended by striking ‘‘and
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1 technical education’’ and inserting ‘‘, and technical

2 and professional education,’’.

3 (b) EXPANDED ELIGIBILITY OF ENLISTED PER4 SONNEL FOR INSTRUCTION.—Section 7045 of such title

5 is amended—

6 (1) in subsection (a)(2)—

7 (A) by redesignating subparagraph (C) as

8 subparagraph (D);

9 (B) by inserting after subparagraph (B)

10 the following new subparagraph (C):

11 ‘‘(C) The Secretary may permit an eligible member

12 of the armed forces to receive instruction from the Post13 graduate School in certificate programs and courses re14 quired for the performance of the member’s duties.’’; and

15 (C) in subparagraph (D), as so redesig16 nated, by striking ‘‘(A) and (B)’’ and inserting

17 ‘‘(A), (B), and (C)’’; and

18 (2) in subsection (b)(2), by striking ‘‘(a)(2)(C)’’

19 and inserting ‘‘(a)(2)(D)’’.

20 SEC. 593. EXPANSION AND ENHANCEMENT OF AUTHORITY

21 TO PRESENT RECOGNITION ITEMS FOR RE22 CRUITMENT AND RETENTION PURPOSES.

23 (a) IN GENERAL.—(1) Subchapter II of chapter 134

24 of title 10, United States Code, is amended by adding at

25 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 SEC. 596. AUTHORITY FOR NATIONAL DEFENSE UNIVER13 SITY AWARD OF DEGREE OF MASTER OF

14 SCIENCE IN JOINT CAMPAIGN PLANNING

15 AND STRATEGY.

16 (a) JOINT FORCES STAFF COLLEGE PROGRAM.—

17 Section 2163 of title 10, United States Code, is amended

18 to read as follows:

19 ‘‘§ 2163. National Defense University: master of

20 science degrees

21 ‘‘(a) AUTHORITY TO AWARD SPECIFIED DEGREES.—

22 The President of the National Defense University, upon

23 the recommendation of the faculty of the respective college

24 or other school within the University, may confer the mas25 ter of science degrees specified in subsection (b).
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1 ‘‘(b) AUTHORIZED DEGREES.—The following degrees

2 may be awarded under subsection (a):

3 ‘‘(1) MASTER OF SCIENCE IN NATIONAL SECU4 RITY STRATEGY.—The degree of master of science in

5 national security strategy, to graduates of the Uni6 versity who fulfill the requirements of the program

7 of the National War College.

8 ‘‘(2) MASTER OF SCIENCE IN NATIONAL RE9 SOURCE STRATEGY.—The degree of master of

10 science in national resource strategy, to graduates of

11 the University who fulfill the requirements of the

12 program of the Industrial College of the Armed

13 Forces.

14 ‘‘(3) MASTER OF SCIENCE IN JOINT CAMPAIGN

15 PLANNING AND STRATEGY.—The degree of master

16 of science in joint campaign planning and strategy,

17 to graduates of the University who fulfill the re18 quirements of the program of the Joint Advanced

19 Warfighting School at the Joint Forces Staff Col20 lege.

21 ‘‘(c) REGULATIONS.—The authority provided by this

22 section shall be exercised under regulations prescribed by

23 the Secretary of Defense.’’.
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1 (b) CLERICAL AMENDMENT.—The item relating to

2 section 2163 in the table of sections at the beginning of

3 chapter 108 of such title is amended to read as follows:

‘‘2163. National Defense University: master of science degrees.’’.

4 (c) EFFECTIVE DATE.—Paragraph (3) of section

5 2163(b) of title 10, United States Code, as amended by

6 subsection (a), shall take effect for degrees awarded after

7 May 2005.

8 SEC. 597. CLARIFICATION OF CERTAIN AUTHORITIES RE9 LATING TO THE COMMISSION ON THE NA10 TIONAL GUARD AND RESERVES.

11 (a) NATURE OF COMMISSION.—Subsection (a) of sec12 tion 513 of the Ronald W. Reagan National Defense Au13 thorization Act for Fiscal Year 2005 (Public Law 108–

14 375; 118 Stat. 1880) is amended by inserting ‘‘in the leg15 islative branch’’ after ‘‘There is established’’.

16 (b) PAY OF MEMBERS.—Subsection (e)(1) of such

17 section is amended striking ‘‘except that’’ and all that fol18 lows through the end and inserting ‘‘except that—

19 ‘‘(A) in applying the first sentence of subsection

20 (a) of section 957 of such Act to the Commission,

21 ‘may’ shall be substituted for ‘shall’; and

22 ‘‘(B) in applying subsections (a), (c)(2), and (e)

23 of section 957 of such Act to the Commission, ‘level

24 IV of the Executive Schedule’ shall be substituted

25 for ‘level V of the Executive Schedule’.’’.
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1 (c) TECHNICAL AMENDMENT.—Subsection (c)(2)(C)

2 of such section is amended by striking ‘‘section 404(a)(4)’’

3 and inserting ‘‘section 416(a)(4)’’.

4 (d) EFFECTIVE DATE.—The amendments made by

5 this section shall take effect on October 28, 2004, as if

6 included in the enactment of the Ronald W. Reagan Na7 tional Defense Authorization Act for Fiscal Year 2005.

8 SEC. 598. CONSUMER EDUCATION FOR MEMBERS OF THE

9 ARMED FORCES AND THEIR SPOUSES ON IN10 SURANCE AND OTHER FINANCIAL SERVICES.

11 (a) EDUCATION AND COUNSELING REQUIRE12 MENTS.—

13 (1) IN GENERAL.—Chapter 50 of title 10,

14 United States Code, is amended by adding at the

15 end the following new section:

16 ‘‘§ 992. Consumer education: financial services

17 ‘‘(a) REQUIREMENT FOR CONSUMER EDUCATION

18 PROGRAM FOR MEMBERS.—(1) The Secretary concerned

19 shall carry out a program to provide comprehensive edu20 cation to members of the armed forces under the jurisdic21 tion of the Secretary on—

22 ‘‘(A) financial services that are available under

23 law to members;

24 ‘‘(B) financial services that are routinely of25 fered by private sector sources to members;
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1 ‘‘(C) practices relating to the marketing of pri2 vate sector financial services to members;

3 ‘‘(D) such other matters relating to financial

4 services available to members, and the marketing of

5 financial services to members, as the Secretary con6 siders appropriate; and

7 ‘‘(E) such other financial practices as the Sec8 retary considers appropriate.

9 ‘‘(2) Training under this subsection shall be provided

10 to members as—

11 ‘‘(A) a component of members initial entry ori12 entation training; and

13 ‘‘(B) a component of periodically recurring re14 quired training that is provided for the members at

15 military installations.

16 ‘‘(3) The training provided at a military installation

17 under paragraph (2)(B) shall include information on any

18 financial services marketing practices that are particularly

19 prevalent at that military installation and in the vicinity.

20 ‘‘(b) COUNSELING FOR MEMBERS AND SPOUSES.—

21 (1) The Secretary concerned shall, upon request, provide

22 counseling on financial services to each member of the

23 armed forces, and such member’s spouse, under the juris24 diction of the Secretary.
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1 ‘‘(2)(A) In the case of a military installation at which

2 at least 2,000 members of the armed forces on active duty

3 are assigned, the Secretary concerned—

4 ‘‘(i) shall provide counseling on financial serv5 ices under this subsection through a full-time finan6 cial services counselor at such installation; and

7 ‘‘(ii) may provide such counseling at such in8 stallation by any means elected by the Secretary

9 from among the following:

10 ‘‘(I) Through members of the armed forces

11 in grade E–7 or above, or civilians, who provide

12 such counseling as part of their other duties for

13 the armed forces or the Department of Defense.

14 ‘‘(II) By contract, including contract for

15 services by telephone and by the Internet.

16 ‘‘(III) Through qualified representatives of

17 nonprofit organizations and agencies under for18 mal agreements with the Department of De19 fense to provide such counseling.

20 ‘‘(B) In the case of any military installation not de21 scribed in subparagraph (A), the Secretary concerned shall

22 provide counseling on financial services under this sub23 section at such installation by any of the means set forth

24 in subparagraph (A)(ii), as elected by the Secretary con25 cerned.
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1 ‘‘(3) Each financial services counselor under para2 graph (2)(A)(i), and any other individual providing coun3 seling on financial services under paragraph (2), shall be

4 an individual who, by reason of education, training, or ex5 perience, is qualified to provide helpful counseling to mem6 bers of the armed forces and their spouses on financial

7 services and marketing practices described in subsection

8 (a)(1). Such individual may be a member of the armed

9 forces or an employee of the Federal Government.

10 ‘‘(4) The Secretary concerned shall take such action

11 as is necessary to ensure that each financial services coun12 selor under paragraph (2)(A)(i), and any other individual

13 providing counseling on financial services under para14 graphs (2), is free from conflicts of interest relevant to

15 the performance of duty under this section. and, in the

16 performance of that duty, is dedicated to furnishing mem17 bers of the armed forces and their spouses with helpful

18 information and counseling on financial services and re19 lated marketing practices.

20 ‘‘(c) LIFE INSURANCE.—(1) In counseling a member

21 of the armed forces, or spouse of a member of the armed

22 forces, under this section regarding life insurance offered

23 by a private sector source, a financial services counselor

24 under subsection (b)(2)(A)(i), or another individual pro25 viding counseling on financial services under subsection
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1 (b)(2), shall furnish the member or spouse, as the case

2 may be, with information on the availability of

3 Servicemembers’ Group Life Insurance under subchapter

4 III of chapter 19 of title 38, including information on the

5 amounts of coverage available and the procedures for

6 electing coverage and the amount of coverage.

7 ‘‘(2)(A) A covered member of the armed forces may

8 not authorize payment to be made for private sector life

9 insurance by means of an allotment of pay to which the

10 member is entitled under chapter 3 of title 37 unless the

11 authorization of allotment is accompanied by a written

12 certification by a commander of the member, a financial

13 services counselor referred to in subsection (b)(2)(A)(i),

14 or another individual providing counseling on financial

15 services under subsection (b)(2), as applicable, that the

16 member has received counseling under paragraph (1) re17 garding the purchase of coverage under that private sector

18 life insurance.

19 ‘‘(B) Subject to subparagraph (C), a written certifi20 cation described in subparagraph (A) may not be made

21 with respect to a member‘s authorization of allotment as

22 described in subparagraph (A) until seven days after the

23 date of the member’s authorization of allotment in order

24 to facilitate the provision of counseling to the member

25 under paragraph (1).
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1 ‘‘(C) The commander of a member may waive the ap2 plicability of subparagraph (B) to a member for good

3 cause, including the member’s imminent change of station.

4 ‘‘(D) In this paragraph, the term ‘covered member

5 of the armed forces’ means an active duty member of the

6 armed forces in grades E–1 through E–4.

7 ‘‘(d) FINANCIAL SERVICES DEFINED.—In this sec8 tion, the term ‘financial services’ includes the following:

9 ‘‘(1) Life insurance, casualty insurance, and

10 other insurance.

11 ‘‘(2) Investments in securities or financial in12 struments.

13 ‘‘(3) Banking, credit, loans, deferred payment

14 plans, and mortgages.’’.

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of such chapter is amended

17 by adding at the end the following new item:

‘‘992. Consumer education: financial services.’’.

18 (b) CONTINUING EFFECT OF EXISTING ALLOTMENTS

19 FOR LIFE INSURANCE.—Paragraph (c)(2) of section 992

20 of title 10, United States Code (as added by subsection

21 (a)), shall not affect any allotment of pay authorized by

22 a member of the Armed Forces before the effective date

23 of such section.

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

25 this section shall take effect on the first day of the first
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1 month that begins more than 120 days after the date of

2 the enactment of this Act.

3 SEC. 599. REPORT ON PREDATORY LENDING PRACTICES DI4 RECTED AT MEMBERS OF THE ARMED

5 FORCES AND THEIR DEPENDENTS.

6 (a) FINDINGS.—The Senate makes the following

7 findings:

8 (1) Predatory lending practices harm members

9 of the Armed Forces and are an increasing problem

10 for the Armed Forces.

11 (2) Predatory lending practices not only hurt

12 the financial security of the members of the Armed

13 Forces but, according to the Under Secretary of De14 fense for Personnel and Readiness, also threaten the

15 operational readiness of the Armed Forces.

16 (3) The General Accountability Office found in

17 an April 2005 report that the Department of De18 fense was not fully utilizing tools available to the

19 Department to curb the predatory lending practices

20 directed at members of the Armed Forces.

21 (b) SENSE OF SENATE.—It is the sense of the Senate

22 that—

23 (1) the Department of Defense should work

24 with financial service regulators to protect the mem-
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1 bers of the Armed Forces from predatory lending

2 practices; and

3 (2) the Senate should consider and adopt

4 legislation—

5 (A) to strengthen disclosure, education,

6 and other protections for members of the

7 Armed Forces regarding predatory lending

8 practices; and

9 (B) to ensure greater cooperation between

10 financial services regulators and the Depart11 ment of Defense on the protection of members

12 of the Armed Forces from predatory lending

13 practices.

14 (c) REPORT.—

15 (1) REPORT REQUIRED.—Not later than 90

16 days after the date of the enactment of this Act, the

17 Secretary of Defense shall, in consultation with the

18 Secretary of the Treasury, the Chairman of the Fed19 eral Reserve, the Chairman of the Federal Deposit

20 Insurance Corporation, and representatives of mili21 tary charity organizations and consumer organiza22 tions, submit to the appropriate committees of Con23 gress a report on predatory lending practices di24 rected at members of the Armed Forces and their

25 families.
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1 (2) ELEMENTS.—The report under paragraph

2 (1) shall include—

3 (A) a description of the prevalence of pred4 atory lending practices directed at members of

5 the Armed Forces and their families;

6 (B) an assessment of the effects of preda7 tory lending practices on members of the

8 Armed Forces and their families;

9 (C) a description of the strategy of the De10 partment of Defense, and of any current or

11 planned programs of the Department, to edu12 cate members of the Armed Forces and their

13 families regarding predatory lending practices;

14 (D) a description of the strategy of the De15 partment of Defense, and of any current or

16 planned programs of the Department, to reduce

17 or eliminate—

18 (i) the prevalence of predatory lending

19 practices directed at members of the

20 Armed Forces and their families; and

21 (ii) the negative effect of such prac22 tices on members of the Armed Forces and

23 their families; and

24 (E) recommendations for additional legisla25 tive and administrative action to reduce or
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1 eliminate predatory lending practices directed

2 at members of the Armed Forces and their

3 families.

4 (3) DEFINITIONS.—In this subsection:

5 (A) The term ‘‘appropriate committees of

6 Congress’’ means—

7 (i) the Committees on Armed Services

8 and Banking, Housing, and Urban Affairs

9 of the Senate; and

10 (ii) the Committees on Armed Serv11 ices and Financial Services of the House of

12 Representatives.

13 (B) The term ‘‘predatory lending practice’’

14 means an unfair or abusive loan or credit sale

15 transition or collection practice.

16 SEC. 599A. PARTICIPATION OF MEMBERS OF THE ARMED

17 FORCES IN THE PARALYMPIC GAMES.

18 Section 717(a)(1) of title 10, United States Code, is

19 amended by striking ‘‘and Olympic Games’’ and inserting

20 ‘‘, Olympic Games, and Paralympic Games,’’.

21 SEC. 599B. MODIFICATION OF ELIGIBILITY FOR POSITION

22 OF PRESIDENT OF THE NAVAL POST23 GRADUATE SCHOOL.

24 Subsection (a) of section 7042 of title 10, United

25 States Code, is amended to read as follows:
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1 ‘‘(a)(1) The President of the Naval Postgraduate

2 School shall be one of the following:

3 ‘‘(A) An officer of the Navy not below the grade

4 of rear admiral (lower half) who is detailed to such

5 position.

6 ‘‘(B) A civilian individual having qualifications

7 appropriate to the position of President of the Naval

8 Postgraduate School who is appointed to such posi9 tion.

10 ‘‘(2) The President of the Naval Postgraduate School

11 shall be detailed or assigned to such position under para12 graph (1) by the Secretary of the Navy, upon the rec13 ommendation of the Chief of Naval Operations.

14 ‘‘(3) An individual assigned as President of the Naval

15 Postgraduate School under paragraph (1)(B) shall serve

16 in such position for a term of not more than five years.’’.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

4 SEC. 601. ELIGIBILITY FOR ADDITIONAL PAY OF PERMA5 NENT MILITARY PROFESSORS AT THE

6 UNITED STATES NAVAL ACADEMY WITH OVER

7 36 YEARS OF SERVICE.

8 Section 203(b) of title 37, United States Code, is

9 amended by inserting ‘‘, the United States Naval Acad10 emy,’’ after ‘‘the United States Military Academy’’.

11 SEC. 602. ENHANCED AUTHORITY FOR AGENCY CONTRIBU12 TIONS FOR MEMBERS OF THE ARMED

13 FORCES PARTICIPATING IN THE THRIFT SAV14 INGS PLAN.

15 (a) AUTHORITY TO MAKE CONTRIBUTIONS FOR CER16 TAIN FIRST-TIME ENLISTEES.—Section 211(d) of title

17 37, United States Code, is amended—

18 (1) in paragraph (1)—

19 (A) in subparagraph (A), by inserting ‘‘(i)’’

20 after ‘‘(A)’’;

21 (B) by redesignating subparagraph (B) as

22 clause (ii) of subparagraph (A);

23 (C) in clause (ii) of subparagraph (A), as

24 so redesignated, by striking the period at the

25 end and inserting ‘‘; or’’; and
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1 (D) by adding at the end the following new

2 subparagraph (B):

3 ‘‘(B) in the case of a member first enlisting in

4 the armed forces, the period of the member’s enlist5 ment is not less than two years.’’;

6 (2) in paragraph (2), by striking ‘‘paragraph

7 (1)’’ the first place it appears and inserting ‘‘para8 graph (1)(A)’’; and

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

10 paragraph:

11 ‘‘(3) In the case of a member described by paragraph

12 (1)(B), the Secretary shall make contributions to the

13 Fund for the benefit of the member for each pay period

14 of the enlistment of the member described in that para15 graph for which the member makes a contribution to the

16 Fund under section 8440e of title 5 (other than under

17 subsection (d)(2) thereof). The second sentence of para18 graph (2) applies to the Secretary’s obligation to make

19 contributions under this paragraph to the same extent as

20 such paragraph applies to the Secretary’s obligation to

21 make contributions under such paragraph.’’.

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

23 this section shall take effect on October 1, 2005.
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1 SEC. 603. PERMANENT AUTHORITY FOR SUPPLEMENTAL

2 SUBSISTENCE ALLOWANCE FOR LOW-INCOME

3 MEMBERS WITH DEPENDENTS.

4 Section 402a of title 37, United States Code, is

5 amended by striking subsection (i).

6 SEC. 604. MODIFICATION OF PAY CONSIDERED AS SAVED

7 PAY UPON APPOINTMENT OF AN ENLISTED

8 MEMBER AS AN OFFICER.

9 (a) IN GENERAL.—Section 907(d) of title 37, United

10 States Code, is amended to read as follows:

11 ‘‘(d) In determining the amount of the pay and allow12 ances of a grade formerly held by an officer, the following

13 special and incentive pays may be considered only so long

14 as the officer continues to perform the duty creating the

15 entitlement to or eligibility for such pay and would other16 wise be eligible to receive such pay in the officer’s former

17 grade:

18 ‘‘(1) Incentive pay for hazardous duty under

19 section 301 of this title.

20 ‘‘(2) Submarine duty incentive pay under sec21 tion 301c of this title.

22 ‘‘(3) Diving duty special pay under section 304

23 of this title.

24 ‘‘(4) Hardship duty special pay under section

25 305 of this title.
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1 ‘‘(5) Career sea pay under section 305a of this

2 title.

3 ‘‘(6) Special pay for service as a member of a

4 Weapons of Mass Destruction Civil Support Team

5 under section 305b of this title.

6 ‘‘(7) Assignment incentive pay under section

7 307a of this title.

8 ‘‘(8) Hostile fire pay or imminent danger pay

9 under section 310 of this title.

10 ‘‘(9) Special pay for extension of overseas tour

11 of duty under section 314 of this title.

12 ‘‘(10) Foreign language proficiency pay under

13 section 316 of this title.

14 ‘‘(11) Critical skill retention bonus under sec15 tion 323 of this title, if payable in periodic install16 ments.’’.

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

18 this section shall take effect on the date of the enactment

19 of this Act, and shall apply with respect to acceptances

20 of enlisted members of appointments as officers on or

21 after that date.
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1 SEC. 605. PERMANENT EXTENSION OF PERIOD OF TEM2 PORARY CONTINUATION OF BASIC ALLOW3 ANCE FOR HOUSING FOR DEPENDENTS OF

4 MEMBERS OF THE ARMED FORCES WHO DIE

5 ON ACTIVE DUTY.

6 Effective immediately after the termination, pursuant

7 to subsection (b) of section 1022 of the Emergency Sup8 plemental Appropriations Act for Defense, the Global War

9 on Terror, and Tsunami Relief, 2005 (Public Law 109–

10 13; 119 Stat. 251), of the amendments made by sub11 section (a) of such section, section 403(l) of title 37,

12 United States Code, is amended by striking ‘‘180 days’’

13 each place it appears and inserting ‘‘365 days’’.

14 SEC. 606. BASIC ALLOWANCE FOR HOUSING FOR RESERVE

15 MEMBERS.

16 (a) EQUAL TREATMENT OF RESERVE MEMBERS.—

17 Subsection (g) of section 403 of title 37, United States

18 Code, is amended—

19 (1) by redesignating paragraph (3) as para20 graph (4);

21 (2) by inserting after paragraph (2) the fol22 lowing new paragraph (3):

23 ‘‘(3) The rate of basic allowance for housing to be

24 paid to the following members of a reserve component

25 shall be equal to the rate in effect for similarly situated
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1 members of a regular component of the uniformed serv2 ices:

3 ‘‘(A) A member who is called or ordered to ac4 tive duty for a period of more than 30 days.

5 ‘‘(B) A member who is called or ordered to ac6 tive duty for a period of 30 days or less in support

7 of a contingency operation.’’; and

8 (3) in paragraph (4), as so redesignated, by

9 striking ‘‘less than 140 days’’ and inserting ‘‘30

10 days or less’’.

11 (b) CONFORMING AMENDMENT REGARDING MEM12 BERS WITHOUT DEPENDENTS.—Paragraph (1) of such

13 subsection is amended by inserting ‘‘or for a period of

14 more than 30 days’’ after ‘‘in support of a contingency

15 operation’’ both places it appears.

16 SEC. 607. INCOME REPLACEMENT PAYMENTS FOR RE17 SERVES EXPERIENCING EXTENDED AND FRE18 QUENT MOBILIZATION FOR ACTIVE DUTY

19 SERVICE.

20 (a) IN GENERAL.—Chapter 19 of title 37, United

21 States Code, is amended by adding at the end the fol22 lowing new section:
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1 ‘‘§ 910. Replacement of lost income: involuntarily mo2 bilized reserve component members sub3 ject to extended and frequent active duty

4 service

5 ‘‘(a) PAYMENT REQUIRED.—The Secretary con6 cerned shall pay to an eligible member of a reserve compo7 nent of the armed forces an amount equal to the monthly

8 active-duty income differential of the member, as deter9 mined by the Secretary. The payments shall be made on

10 a monthly basis.

11 ‘‘(b) ELIGIBILITY.—Subject to subsection (c), a re12 serve component member is entitled to a payment under

13 this section for any full month of active duty of the mem14 ber, while on active duty under an involuntary mobiliza15 tion order, following the date on which the member—

16 ‘‘(1) completes 180 continuous days of service

17 on active duty under such an order;

18 ‘‘(2) completes 24 months on active duty during

19 the previous 60 months under such an order; or

20 ‘‘(3) is involuntarily mobilized for service on ac21 tive duty six months or less following the member’s

22 separation from the member’s previous period of ac23 tive duty.

24 ‘‘(c) MINIMUM AND MAXIMUM PAYMENT

25 AMOUNTS.—(1) A payment under this section shall be

26 made to a member for a month only if the amount of the
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1 monthly active-duty income differential for the month is

2 greater than $50.

3 ‘‘(2) Notwithstanding the amount determined under

4 subsection (d) for a member for a month, the monthly pay5 ment to a member under this section may not exceed

6 $3,000.

7 ‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIFFEREN8 TIAL.—For purposes of this section, the monthly active9 duty income differential of a member is the difference

10 between—

11 ‘‘(1) the average monthly civilian income of the

12 member; and

13 ‘‘(2) the member’s total monthly military com14 pensation.

15 ‘‘(e) DEFINITIONS.—In this section:

16 ‘‘(1) The term ‘average monthly civilian in17 come’, with respect to a member of a reserve compo18 nent, means the amount, determined by the Sec19 retary concerned, of the earned income of the mem20 ber for either the 12 months preceding the member’s

21 mobilization or the 12 months covered by the mem22 ber’s most recent Federal income tax filing, divided

23 by 12.
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1 ‘‘(2) The term ‘total monthly military com2 pensation’ means the amount, computed on a

3 monthly basis, of the sum of—

4 ‘‘(A) the amount of the regular military

5 compensation (RMC) of the member; and

6 ‘‘(B) any amount of special pay or incen7 tive pay and any allowance (other than an al8 lowance included in regular military compensa9 tion) that is paid to the member on a monthly

10 basis.’’.

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

12 at the beginning of such chapter is amended by adding

13 at the end the following new item:

‘‘910. Replacement of lost income: involuntarily mobilized reserve component

members subject to extended and frequent active duty service.’’.

14 (c) EFFECTIVE DATE.—Section 910 of title 37,

15 United States Code, as added by subsection (a), shall

16 apply for months after December 2005.

17 (d) LIMITATION ON FISCAL YEAR 2006 OBLIGA18 TIONS.—During fiscal year 2006, obligations incurred

19 under section 910 of title 37, United States Code, to pro20 vide income replacement payments to involuntarily mobi21 lized members of a reserve component who are subject to

22 extended and frequent active duty service may not exceed

23 $60,000,000.
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1 Subtitle B—Bonuses and Special

2 and Incentive Pays

3 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

4 SPECIAL PAY AUTHORITIES FOR RESERVE

5 FORCES.

6 (a) SELECTED RESERVE REENLISTMENT BONUS.—

7 Section 308b(g) of title 37, United States Code, is amend8 ed by striking ‘‘December 31, 2005’’ and inserting ‘‘De9 cember 31, 2006’’.

10 (b) SPECIAL PAY FOR ENLISTED MEMBERS AS11 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

12 308d(c) of such title is amended by striking ‘‘December

13 31, 2005’’ and inserting ‘‘December 31, 2006’’.

14 (c) READY RESERVE NON-PRIOR SERVICE ENLIST15 MENT BONUS.—Section 308g(h) of such title is amended

16 by striking ‘‘an enlistment after September 30, 1992.’’

17 and inserting ‘‘an enlistment—

18 ‘‘(1) during the period beginning on October 1,

19 1992, and ending on September 30, 2005; or

20 ‘‘(2) after September 30, 2006.’’.

21 (d) READY RESERVE ENLISTMENT AND REENLIST22 MENT BONUS.—Section 308h(g) of such title is amended

23 by striking ‘‘December 31, 2005’’ and inserting ‘‘Decem24 ber 31, 2006’’.
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1 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

2 308i(f ) of such title is amended by striking ‘‘December

3 31, 2005’’ and inserting ‘‘December 31, 2006’’.

4 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

5 SPECIAL PAY AUTHORITIES FOR CERTAIN

6 HEALTH CARE PROFESSIONALS.

7 (a) NURSE OFFICER CANDIDATE ACCESSION PRO8 GRAM.—Section 2130a(a)(1) of title 10, United States

9 Code, is amended by striking ‘‘December 31, 2005’’ and

10 inserting ‘‘December 31, 2006’’.

11 (b) REPAYMENT OF EDUCATION LOANS FOR CER12 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE13 LECTED RESERVE.—Section 16302(d) of such title is

14 amended by striking ‘‘before January 1, 2006’’ and insert15 ing ‘‘on or before December 31, 2006’’.

16 (c) ACCESSION BONUS FOR REGISTERED NURSES.—

17 Section 302d(a)(1) of title 37, United States Code, is

18 amended by striking ‘‘December 31, 2005’’ and inserting

19 ‘‘December 31, 2006’’.

20 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES21 THETISTS.—Section 302e(a)(1) of such title is amended

22 by striking ‘‘December 31, 2005’’ and inserting ‘‘Decem23 ber 31, 2006’’.

24 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

25 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE-
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1 CIALTIES.—Section 302g(f ) of such title is amended by

2 striking ‘‘December 31, 2005’’ and inserting ‘‘December

3 31, 2006’’.

4 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—

5 Section 302h(a)(1) of such title is amended by striking

6 ‘‘December 31, 2005’’ and inserting ‘‘December 31,

7 2006’’.

8 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.—

9 Section 302j(a) of such title is amended by striking ‘‘the

10 date of the enactment of the Floyd D. Spence National

11 Defense Authorization Act for Fiscal Year 2001 and end12 ing on September 30, 2005’’ and inserting ‘‘October 30,

13 2000, and ending on December 31, 2006’’.

14 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND

15 BONUS AUTHORITIES FOR NUCLEAR OFFI16 CERS.

17 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI18 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

19 312(e) of title 37, United States Code, is amended by

20 striking ‘‘December 31, 2005’’ and inserting ‘‘December

21 31, 2006’’.

22 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

23 312b(c) of such title is amended by striking ‘‘December

24 31, 2005’’ and inserting ‘‘December 31, 2006’’.
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1 (c) NUCLEAR CAREER ANNUAL INCENTIVE

2 BONUS.—Section 312c(d) of such title is amended by

3 striking ‘‘December 31, 2005’’ and inserting ‘‘December

4 31, 2006’’.

5 SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND

6 SPECIAL PAY AUTHORITIES.

7 (a) AVIATION OFFICER RETENTION BONUS.—Sec8 tion 301b(a) of title 37, United States Code, is amended

9 by striking ‘‘December 31, 2005’’ and inserting ‘‘Decem10 ber 31, 2006’’.

11 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f)

12 of such title is amended by striking ‘‘December 31, 2006’’

13 and inserting ‘‘December 31, 2007’’.

14 (c) REENLISTMENT BONUS FOR ACTIVE MEM15 BERS.—Section 308(g) of such title is amended by strik16 ing ‘‘December 31, 2005’’ and inserting ‘‘December 31,

17 2006’’.

18 (d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—

19 Section 309(e) of such title is amended by striking ‘‘De20 cember 31, 2005’’ and inserting ‘‘December 31, 2006’’.

21 (e) RETENTION BONUS FOR MEMBERS WITH CRIT22 ICAL MILITARY SKILLS.—Section 323(i) of such title is

23 amended by striking ‘‘December 31, 2005’’ and inserting

24 ‘‘December 31, 2006’’.
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1 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT2 ICAL SKILLS.—Section 324(g) of such title is amended by

3 striking ‘‘December 31, 2005’’ and inserting ‘‘December

4 31, 2006’’.

5 SEC. 615. PAYMENT AND REPAYMENT OF ASSIGNMENT IN6 CENTIVE PAY.

7 (a) FLEXIBLE PAYMENT.—Section 307a of title 37,

8 United States Code, is amended—

9 (1) in subsection (a)—

10 (A) by striking ‘‘monthly’’; and

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

12 sentence: ‘‘Incentive pay payable under this sec13 tion may be paid on a monthly basis, in a lump

14 sum, or in installments.’’;

15 (2) in subsection (b)—

16 (A) by inserting ‘‘(1)’’ before ‘‘The Sec17 retary concerned’’;

18 (B) in paragraph (1), as so designated, by

19 striking ‘‘incentive pay’’ in the first sentence

20 and inserting ‘‘the payment of incentive pay on

21 a monthly basis’’; and

22 (C) by adding at the end the following new

23 paragraph:

24 ‘‘(2) The Secretary concerned shall require a member

25 performing service in an assignment designated under
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1 subsection (a) to enter into a written agreement with the

2 Secretary in order to qualify for the payment of incentive

3 pay on a lump sum or installment basis under this section.

4 The written agreement shall specify the period for which

5 the incentive pay will be paid to the member and, subject

6 to subsection (c), the amount of the lump sum, or each

7 installment, of the incentive pay.’’; and

8 (3) by striking subsection (c) and inserting the

9 following new subsection (c):

10 ‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The max11 imum monthly rate of incentive pay payable to a member

12 on a monthly basis under this section is $1,500.

13 ‘‘(2) The amount of the lump sum payment of incen14 tive pay payable to a member on a lump sum basis under

15 this section may not exceed an amount equal to the prod16 uct of—

17 ‘‘(A) the maximum monthly rate authorized

18 under paragraph (1) at the time of the written

19 agreement of the member under subsection (b)(2);

20 and

21 ‘‘(B) the number of months in the period for

22 which incentive pay will be paid pursuant to the

23 agreement.
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1 ‘‘(3) The amount of each installment payment of in2 centive pay payable to a member on an installment basis

3 under this section shall be the amount equal to—

4 ‘‘(A) the product of (i) a monthly rate specified

5 in the written agreement of the member under sub6 section (b)(2) (which monthly rate may not exceed

7 the maximum monthly rate authorized under para8 graph (1) at the time of the written agreement), and

9 (ii) the number of months in the period for which

10 incentive pay will be paid; divided by

11 ‘‘(B) the number of installments over such pe12 riod.

13 ‘‘(4) If a member extends an assignment specified in

14 an agreement with the Secretary under subsection (b), in15 centive pay for the period of the extension may be paid

16 under this section on a monthly basis, in a lump sum, or

17 in installments in accordance with this section.’’.

18 (b) REPAYMENT.—Such section is further

19 amended—

20 (1) by redesignating subsections (d), (e), and

21 (f) as subsections (e), (f), and (g), respectively; and

22 (2) by inserting after subsection (c), as amend23 ed by subsection (a)(3) of this section, the following

24 new subsection (d):
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1 ‘‘(d) REPAYMENT OF INCENTIVE PAY.—(1)(A) A

2 member who, pursuant to an agreement under subsection

3 (b)(2), receives a lump sum or installment payment of in4 centive pay under this section and who fails to complete

5 the total period of service or other conditions specified in

6 the agreement voluntarily or because of misconduct, shall

7 refund to the United States an amount equal to the per8 centage of incentive pay paid which is equal to the unex9 pired portion of the service divided by the total period of

10 service.

11 ‘‘(B) The Secretary concerned may waive repayment

12 of an amount of incentive pay under subparagraph (A),

13 whether in whole or in part, if the Secretary determines

14 that conditions and circumstances warrant.

15 ‘‘(2) An obligation to repay the United States im16 posed under paragraph (1) is for all purposes a debt owed

17 to the United States.

18 ‘‘(3) A discharge in bankruptcy under title 11 that

19 is entered less than 5 years after the termination of the

20 agreement does not discharge the member signing the

21 agreement from a debt arising under paragraph (1).’’.
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1 SEC. 616. INCREASE IN AMOUNT OF SELECTIVE REENLIST2 MENT BONUS FOR CERTAIN SENIOR SUPER3 VISORY NUCLEAR QUALIFIED ENLISTED PER4 SONNEL.

5 (a) IN GENERAL.—Section 308 of title 37, United

6 States Code, is amended—

7 (1) by redesignating subsections (b) through (g)

8 as subsections (c) through (h), respectively; and

9 (2) by inserting after subsection (a) the fol10 lowing new subsection (b):

11 ‘‘(b)(1) An enlisted member of the naval service

12 who—

13 ‘‘(A) has completed at least ten, but not more

14 than fourteen, years of active duty;

15 ‘‘(B) is currently qualified for duty in connec16 tion with the supervision, operation, and mainte17 nance of naval nuclear propulsion plants;

18 ‘‘(C) is qualified in a military skill designated

19 as critical by the Secretary of Defense; and

20 ‘‘(D) reenlists or voluntarily extends the mem21 ber’s enlistment for a period of at least three years

22 in the regular component of the naval service,

23 may be paid a bonus as provided in paragraph (2).

24 ‘‘(2) The bonus to be paid a member under para25 graph (1) may not exceed the lesser of the following

26 amounts:
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1 ‘‘(A) The amount determined with respect to

2 the member in accordance with subsection (a)(2)(A).

3 ‘‘(B) $75,000.

4 ‘‘(3) Subsection (a)(3) applies to the computation

5 under paragraph (2)(A) of any bonus payable under this

6 subsection.

7 ‘‘(4) Subsection (a)(4) applies to the payment of any

8 bonus payable under this subsection.’’.

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

10 this section shall take effect on October 1, 2005, and shall

11 apply with respect to reenlistments or voluntary extensions

12 of enlistments that occur on or after that date.

13 SEC. 617. CONSOLIDATION AND MODIFICATION OF BO14 NUSES FOR AFFILIATION OR ENLISTMENT IN

15 THE SELECTED RESERVE.

16 (a) CONSOLIDATION AND MODIFICATION OF BO17 NUSES.—Section 308c of title 37, United States Code, is

18 amended to read as follows:

19 ‘‘§ 308c. Special pay: bonus for affiliation or enlist20 ment in the Selected Reserve

21 ‘‘(a) AFFILIATION BONUS AUTHORIZED.—Under

22 regulations prescribed by the Secretary of Defense, the

23 Secretary concerned may pay an affiliation bonus to an

24 enlisted member of an armed force who—
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1 ‘‘(1) has completed fewer than 20 years of mili2 tary service; and

3 ‘‘(2) executes a written agreement to serve in

4 the Selected Reserve of the Ready Reserve of an

5 armed force for a period of not less than three years

6 in a skill, unit, or pay grade designated under sub7 section (b) after being discharged or released from

8 active duty under honorable conditions.

9 ‘‘(b) DESIGNATION OF SKILLS, UNITS, AND PAY

10 GRADES.—The Secretary concerned shall designate the

11 skills, units, and pay grades for which an affiliation bonus

12 may be paid under subsection (a). Any skill, unit, or pay

13 grade so designated shall be a skill, unit, or pay grade

14 for which there is a critical need for personnel in the Se15 lected Reserve of the Ready Reserve of an armed force,

16 as determined by the Secretary concerned.

17 ‘‘(c) ACCESSION BONUS AUTHORIZED.—Under regu18 lations prescribed by the Secretary of Defense, the Sec19 retary concerned may pay an accession bonus to a person

20 who—

21 ‘‘(1) has not previously served in the armed

22 forces; and

23 ‘‘(2) executes a written agreement to serve as

24 an enlisted member in the Selected Reserve of the

25 Ready Reserve of an armed force for a period of not
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1 less than three years upon acceptance of the agree2 ment by the Secretary concerned.

3 ‘‘(d) LIMITATION ON AMOUNT OF BONUS.—The

4 amount of a bonus under subsection (a) or (c) may not

5 exceed $10,000.

6 ‘‘(e) PAYMENT METHOD.—Upon acceptance of a

7 written agreement by the Secretary concerned, the total

8 amount of the bonus payable under the agreement be9 comes fixed. The agreement shall specify whether the

10 bonus shall be paid by the Secretary concerned in a lump

11 sum or in installments.

12 ‘‘(f) CONTINUED ENTITLEMENT TO BONUS PAY13 MENTS.—A member entitled to a bonus under this section

14 who is called or ordered to active duty shall be paid, dur15 ing that period of active duty, any amount of the bonus

16 that becomes payable to the member during that period

17 of active duty.

18 ‘‘(g) REPAYMENT FOR FAILURE TO COMMENCE OR

19 COMPLETE OBLIGATED SERVICE.—(1) An individual who,

20 after being paid all or part of a bonus under an agreement

21 under subsection (a) or (c), does not commence to serve

22 in the Selected Reserve or does not satisfactorily partici23 pate in the Selected Reserve for the total period of service

24 specified in such agreement shall repay to the United
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1 States the amount of such bonus so paid, except as other2 wise prescribed under paragraph (2).

3 ‘‘(2) The Secretary concerned shall prescribe in regu4 lations whether repayment of an amount otherwise re5 quired under paragraph (1) shall be made in whole or in

6 part, the method for computing the amount of such repay7 ment, and any conditions under which an exception to re8 quired repayment would apply.

9 ‘‘(3) An obligation to repay the United States im10 posed under paragraph (1) is for all purposes a debt owed

11 to the United States. A discharge in bankruptcy under

12 title 11 that is entered less than five years after the termi13 nation of an agreement entered into under subsection (a)

14 or (c) does not discharge the individual signing the agree15 ment from a debt arising under such agreement or under

16 paragraph (1).

17 ‘‘(h) TERMINATION OF BONUS AUTHORITY.—No

18 bonus may be paid under this section with respect to any

19 agreement entered into under subsection (a) or (c) after

20 December 31, 2006.’’.

21 (b) REPEAL OF SUPERSEDED AFFILIATION BONUS

22 AUTHORITY.—Section 308e of such title is repealed.

23 (c) CLERICAL AMENDMENTS.—The table of sections

24 at the beginning of chapter 5 of such title is amended—
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1 (1) by striking the item relating to section 308c

2 and inserting the following new item:

‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve.’’;

3 and

4 (B) by striking the item relating to section

5 308e.

6 (d) EFFECTIVE DATE.—The amendments made by

7 this section shall take effect on October 1, 2005, and shall

8 apply with respect to agreements entered into under sec9 tion 308c of title 37, United States Code (as amended by

10 subsection (a)), on or after that date.

11 SEC. 618. EXPANSION AND ENHANCEMENT OF SPECIAL PAY

12 FOR ENLISTED MEMBERS OF THE SELECTED

13 RESERVE ASSIGNED TO CERTAIN HIGH PRI14 ORITY UNITS.

15 (a) ELIGIBILITY FOR PAY.—Subsection (a) of section

16 308d of title 37, United States Code, is amended by strik17 ing ‘‘an enlisted member’’ and inserting ‘‘a member’’.

18 (b) AMOUNT OF PAY.—Such subsection is further

19 amended by striking ‘‘$10’’ and inserting ‘‘$50’’.

20 (c) CONFORMING AND CLERICAL AMENDMENTS.—

21 (1) CONFORMING AMENDMENT.—The heading

22 of such section is amended to read as follows:
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1 ‘‘§ 308d. Special pay: members of the Selected Re2 serve assigned to certain high priority

3 units’’.

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of chapter 5 of such title is

6 amended by striking the item relating to section

7 308d and inserting the following new item:

‘‘308d. Special pay: members of the Selected Reserve assigned to certain high

priority units.’’.

8 (d) EFFECTIVE DATE.—The amendments made by

9 this section shall take effect on October 1, 2005, and shall

10 apply to inactive-duty training performed on or after that

11 date.

12 SEC. 619. RETENTION INCENTIVE AND ASSIGNMENT BONUS

13 FOR MEMBERS OF THE SELECTED RESERVE

14 QUALIFIED IN A CRITICAL MILITARY SKILL

15 OR WHO VOLUNTEER FOR ASSIGNMENT TO A

16 HIGH PRIORITY UNIT.

17 (a) BONUS AUTHORIZED.—

18 (1) IN GENERAL.—Chapter 5 of title 37, United

19 States Code, is amended by inserting after section

20 308j the following new section:
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1 ‘‘§ 308k. Special pay: retention incentive bonus for

2 members of the Selected Reserve quali3 fied in a critical military skill; assign4 ment bonus for members of the Selected

5 Reserve who volunteer for assignment to

6 a high priority unit

7 ‘‘(a) BONUSES AUTHORIZED.—(1) An eligible officer

8 or enlisted member of the armed forces may be paid a

9 retention bonus as provided in this section if—

10 ‘‘(A) in the case of an officer or warrant officer,

11 the member executes a written agreement to remain

12 in the Selected Reserve for at least 2 years;

13 ‘‘(B) in the case of an enlisted member, the

14 member reenlists or voluntarily extends the mem15 ber’s enlistment in the Selected Reserve for a period

16 of at least 2 years; or

17 ‘‘(C) in the case of an enlisted member serving

18 on an indefinite reenlistment, the member executes

19 a written agreement to remain in the Selected Re20 serve for at least 2 years.

21 ‘‘(2) An officer or enlisted member of the armed

22 forces may be paid an assignment bonus as provided in

23 this section if the member voluntarily agrees to an assign24 ment to a high priority unit of the Selected Reserve of

25 the Ready Reserve of an armed force for at least 2 years.
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1 ‘‘(b) MEMBERS ELIGIBLE FOR RETENTION

2 BONUS.—Subject to subsection (d), an officer or enlisted

3 member is eligible under subsection (a)(1) for a retention

4 bonus under this section if the member—

5 ‘‘(1) is qualified in a military skill or specialty

6 designated as critical for purposes of this section

7 under subsection (c); or

8 ‘‘(2) agrees to train or retrain in a military skill

9 or specialty so designated as critical.

10 ‘‘(c) DESIGNATION OF CRITICAL SKILLS OR SPECIAL11 TIES AND HIGH PRIORITY UNITS.—The Secretary con12 cerned shall—

13 ‘‘(1) designate the military skills and specialties

14 that shall be treated as critical military skills and

15 specialties for purposes of this section; and

16 ‘‘(2) designate the units that shall be treated as

17 high priority units for purposes of this section.

18 ‘‘(d) CERTAIN MEMBERS INELIGIBLE.—A bonus may

19 not be paid under subsection (a) to a member of the armed

20 forces who—

21 ‘‘(1) has completed more than 25 years of

22 qualifying service under section 12732 of title 10; or

23 ‘‘(2) will complete the member’s twenty-fifth

24 year of qualifying service under section 12732 of
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1 title 10 before the end of the period of service for

2 which the bonus is being offered.

3 ‘‘(e) MAXIMUM BONUS AMOUNT.—A member may

4 enter into an agreement under this section, or reenlist or

5 voluntarily extend the member’s enlistment, more than

6 once to receive a bonus under this section. However, a

7 member may not receive a total of more than $100,000

8 in payments under this section.

9 ‘‘(f) PAYMENT METHODS.—(1) A bonus under sub10 section (a) may be paid in a single lump sum or in install11 ments.

12 ‘‘(2) In the case of a member who agrees to train

13 or retrain in a military skill or specialty designated as crit14 ical under subsection (b)(2), no payment may be made

15 until the member successfully completes the training or

16 retraining and is qualified in such skill or specialty.

17 ‘‘(g) RELATIONSHIP TO OTHER INCENTIVES.—A

18 bonus paid to a member under subsection (a) is in addi19 tion to any other pay and allowances to which the member

20 is entitled under any other provision of law.

21 ‘‘(h) REPAYMENT FOR FAILURE TO COMMENCE OR

22 COMPLETE OBLIGATED SERVICE.—(1) An individual who,

23 after receiving all or part of the bonus under an agree24 ment, or a reenlistment or voluntary extension of enlist25 ment, referred to in subsection (a), does not commence
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1 to serve in the Selected Reserve, or does not satisfactorily

2 participate in the Selected Reserve for the total period of

3 service specified in the agreement, or under such reenlist4 ment or voluntary extension of enlistment, as applicable,

5 shall repay to the United States such bonus, except under

6 conditions established by the Secretary concerned.

7 ‘‘(2) The Secretary concerned shall establish, in ac8 cordance with the regulations prescribed under subsection

9 (i)—

10 ‘‘(A) whether repayment of a bonus under para11 graph (1) is required in whole or in part;

12 ‘‘(B) the method for computing the amount of

13 such repayment; and

14 ‘‘(C) the conditions under which an exception to

15 repayment otherwise required under that paragraph

16 would apply.

17 ‘‘(3) An obligation to repay the United States im18 posed under paragraph (1) is for all purposes a debt owed

19 to the United States. A discharge in bankruptcy under

20 title 11 that is entered less than 5 years after the termi21 nation of an agreement under subsection (a), or a reenlist22 ment or voluntary extension of enlistment under sub23 section (a), does not discharge the individual signing the

24 agreement, reenlisting, or voluntarily extending enlist-
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1 ment, as applicable, from a debt arising under paragraph

2 (1).

3 ‘‘(i) REGULATIONSction shall be administered under

4 regulations prescribed by the Secretary of Defense.

5 ‘‘(j) TERMINATION OF AUTHORITY.—No bonus may

6 be paid under this section with respect to any agreement,

7 reenlistment, or voluntary extension of enlistment in the

8 armed forces entered into after December 31, 2006.’’.

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 5 of such title is

11 amended by inserting after the item relating to sec12 tion 308j the following new item:

‘‘308k. Special pay: retention incentive bonus for members of the Selected Reserve qualified in a critical military skill; assignment bonus for

members of the Selected Reserve who volunteer for assignment

to a high priority unit.’’.

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

14 this section shall take effect on October 1, 2005.

15 SEC. 620. TERMINATION OF LIMITATION ON DURATION OF

16 PAYMENT OF IMMINENT DANGER SPECIAL

17 PAY DURING HOSPITALIZATION.

18 (a) TERMINATION OF LIMITATION.—Section 310(b)

19 of title 37, United States Code, is amended by striking

20 ‘‘not more than three additional months’’ and inserting

21 ‘‘any month, or any portion of a month,’’.

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

23 subsection (a) shall take effect on the date of the enact-
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1 ment of this Act, and shall apply with respect to months

2 beginning on or after that date.

3 SEC. 621. AUTHORITY FOR RETROACTIVE PAYMENT OF IM4 MINENT DANGER SPECIAL PAY.

5 Section 310 of title 37, United States Code, is

6 amended—

7 (1) by redesignating subsections (b), (c), and

8 (d) as subsections (c), (d), and (e), respectively; and

9 (2) by inserting after subsection (a) the fol10 lowing new subsection:

11 ‘‘(b) DATE OF COMMENCEMENT OF PAYMENT OF IM12 MINENT DANGER PAY.—Payment of special pay under

13 this section to a member covered by subsection (a)(2)(D)

14 may be made from any date, as determined by the Sec15 retary of Defense, on or after which such member was as16 signed to duty in a foreign area determined by the Sec17 retary to be covered by such subsection.’’.

18 SEC. 622. AUTHORITY TO PAY FOREIGN LANGUAGE PRO19 FICIENCY PAY TO MEMBERS ON ACTIVE DUTY

20 AS A BONUS.

21 (a) AUTHORITY TO PAY.—Section 316 of title 37,

22 United States Code, is amended—

23 (1) in subsection (a)—

24 (A) by inserting ‘‘OR BONUS’’ after ‘‘SPE25 CIAL PAY’’; and
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1 (B) by inserting ‘‘or a bonus’’ after

2 ‘‘monthly special pay’’;

3 (2) in subsection (d)—

4 (A) by redesignating paragraph (2) as

5 paragraph (3); and

6 (B) by inserting after paragraph (1) the

7 following new paragraph (2):

8 ‘‘(2) The amount of the bonus paid under subsection

9 (a) may not exceed $12,000 for the one-year period cov10 ered by the certification of the member. The Secretary

11 concerned may pay the bonus in a single lump sum at

12 the beginning of the certification period or in installments

13 during the certification period.’’; and

14 (3) in subsection (f)(1)(C), by inserting ‘‘or a

15 bonus’’ after ‘‘special pay’’.

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

17 this section shall take effect on October 1, 2005.

18 SEC. 623. INCENTIVE BONUS FOR TRANSFER BETWEEN THE

19 ARMED FORCES.

20 (a) IN GENERAL.—Chapter 5 of title 37, United

21 States Code, is amended by adding at the end the fol22 lowing new section:
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1 ‘‘§ 327. Incentive bonus: transfer between armed

2 forces

3 ‘‘(a) INCENTIVE BONUS AUTHORIZED.—A bonus

4 under this section may be paid to an eligible member of

5 a regular component or reserve component of an armed

6 force who executes a written agreement—

7 ‘‘(1) to transfer from such regular component

8 or reserve component to a regular component or re9 serve component of another armed force; and

10 ‘‘(2) to serve pursuant to such agreement for a

11 period of not less than three years in the component

12 to which transferred.

13 ‘‘(b) ELIGIBLE MEMBERS.—A member is eligible to

14 enter into an agreement under subsection (a) if, as of the

15 date of the agreement, the member—

16 ‘‘(1) has not failed to satisfactorily complete

17 any term of enlistment in the armed forces;

18 ‘‘(2) is eligible for reenlistment in the armed

19 forces or, in the case of an officer, is eligible to con20 tinue in service in a regular or reserve component of

21 the armed forces; and

22 ‘‘(3) has fulfilled such requirements for transfer

23 to the component of the armed force to which the

24 member will transfer as the Secretary having juris25 diction over such armed force shall establish.
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1 ‘‘(c) LIMITATION.—A member may enter into an

2 agreement under subsection (a) to transfer to a regular

3 component or reserve component of another armed force

4 only if the Secretary having jurisdiction over such armed

5 force determines that there is shortage of trained and

6 qualified personnel in such component.

7 ‘‘(d) AMOUNT AND PAYMENT OF BONUS.—(1) A

8 bonus under this section may not exceed $2,500.

9 ‘‘(2) A bonus under this section shall be paid by the

10 Secretary having jurisdiction of the armed force to which

11 the member to be paid the bonus is transferring.

12 ‘‘(3) A bonus under this section shall, at the election

13 of the Secretary paying the bonus—

14 ‘‘(A) be disbursed to the member in one lump

15 sum when the transfer for which the bonus is paid

16 is approved by the chief personnel officer of the

17 armed force to which the member is transferring; or

18 ‘‘(B) be paid to the member in annual install19 ments in such amounts as may be determined by the

20 Secretary paying the bonus.

21 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW22 ANCES.—A bonus paid to a member under this section is

23 in addition to any other pay and allowances to which the

24 member is entitled.
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1 ‘‘(f) REPAYMENT OF BONUS.—(1) A member who is

2 paid a bonus under an agreement under this section and

3 who, voluntarily or because of misconduct, fails to serve

4 for the period covered by such agreement shall refund to

5 the United States an amount which bears the same ratio

6 to the amount of the bonus paid such member as the pe7 riod which such member failed to serve bears to the total

8 period for which the bonus was paid.

9 ‘‘(2) An obligation to reimburse the United States

10 imposed under paragraph (1) is for all purposes a debt

11 owed to the United States.

12 ‘‘(3) A discharge in bankruptcy under title 11 that

13 is entered less than 5 years after the termination of an

14 agreement under this section does not discharge the per15 son signing such agreement from a debt arising under

16 paragraph (1).

17 ‘‘(g) REGULATIONS.—The Secretaries concerned

18 shall prescribe regulations to carry out this section. Regu19 lations prescribed by the Secretary of a military depart20 ment under this subsection shall be subject to the approval

21 of the Secretary of Defense.

22 ‘‘(h) TERMINATION OF AUTHORITY.—No agreement

23 under this section may be entered into after December 31,

24 2006.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 5 of such title is amended by

3 adding at the end the following new item:

‘‘327. Incentive bonus: transfer between armed forces.’’.

4 SEC. 624. ELIGIBILITY OF ORAL AND MAXILLOFACIAL SUR5 GEONS FOR INCENTIVE SPECIAL PAY FOR

6 MEDICAL OFFICERS OF THE ARMED FORCES.

7 (a) IN GENERAL.—For purposes of eligibility for in8 centive special pay payable under section 302(b) of title

9 37, United States Code, oral and maxillofacial surgeons

10 shall be treated as medical officers of the Armed Forces

11 who may be paid variable special pay under section

12 302(a)(2) of such title.

13 (b) EFFECTIVE DATE.—Subsection (a) shall take ef14 fect on October 1, 2005, and shall apply with respect to

15 incentive special pay payable under section 302(b) of title

16 37, United States Code, on or after that date.

17 Subtitle C—Travel and

18 Transportation Allowances

19 SEC. 631. TRANSPORTATION OF FAMILY MEMBERS IN CON20 NECTION WITH THE REPATRIATION OF

21 SERVICEMEMBERS OR CIVILIAN EMPLOYEES

22 HELD CAPTIVE.

23 (a) MILITARY CAPTIVES.—(1) Chapter 7 of title 37,

24 United States Code, is amended by inserting after section

25 411i the following new section:
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1 ‘‘§ 411j. Travel and transportation allowances: trans2 portation of family members incident to

3 the repatriation of members held captive

4 ‘‘(a) ALLOWANCE FOR FAMILY MEMBERS AND CER5 TAIN OTHERS.—(1) Under uniform regulations prescribed

6 by the Secretaries concerned, travel and transportation de7 scribed in subsection (d) may be provided for not more

8 than 3 family members of a member described in sub9 section (b).

10 ‘‘(2) In addition to the family members authorized

11 to be provided travel and transportation under paragraph

12 (1), the Secretary concerned may provide travel and trans13 portation described in subsection (d) to an attendant to

14 accompany a family member described in that paragraph

15 if the Secretary determines that—

16 ‘‘(A) the family member to be accompanied is

17 unable to travel unattended because of age, physical

18 condition, or other reason determined by the Sec19 retary; and

20 ‘‘(B) no other family member who is eligible for

21 travel and transportation under paragraph (1) is

22 able to serve as an attendant for the family member.

23 ‘‘(3) If no family member of a member described in

24 subsection (b) is able to travel to the repatriation site of

25 the member, travel and transportation described in sub-
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1 section (d) may be provided to not more than 2 persons

2 related to and selected by the member.

3 ‘‘(b) COVERED MEMBERS.—A member described in

4 this subsection is a member of the uniformed services

5 who—

6 ‘‘(1) is serving on active duty;

7 ‘‘(2) was held captive, as determined by the

8 Secretary concerned; and

9 ‘‘(3) is repatriated to a site inside or outside

10 the United States.

11 ‘‘(c) ELIGIBLE FAMILY MEMBERS.—In this section,

12 the term ‘family member’ has the meaning given the term

13 in section 411h(b) of this title.

14 ‘‘(d) TRAVEL AND TRANSPORTATION AUTHOR15 IZED.—(1) The transportation authorized by subsection

16 (a) is round-trip transportation between the home of the

17 family member (or home of the attendant or person pro18 vided transportation under paragraph (2) or (3) of sub19 section (a), as the case may be) and the location of the

20 repatriation site at which the member is located.

21 ‘‘(2) In addition to the transportation authorized by

22 subsection (a), the Secretary concerned may provide a per

23 diem allowance or reimbursement for the actual and nec24 essary expenses of the travel, or a combination thereof,
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1 but not to exceed the rates established for such allowances

2 and expenses under section 404(d) of this title.

3 ‘‘(3) The transportation authorized by subsection (a)

4 may be provided by any of the means described in section

5 411h(d)(1) of this title.

6 ‘‘(4) An allowance under this subsection may be paid

7 in advance.

8 ‘‘(5) Reimbursement payable under this subsection

9 may not exceed the cost of government-procured round10 trip air travel.’’.

11 (2) The table of sections at the beginning of chapter

12 7 of such title is amended by inserting after the item relat13 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.’’.

14 (b) CIVILIAN CAPTIVES.—(1) Chapter 57 of title 5,

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

16 following new section:

17 ‘‘§ 5760. Travel and transportation allowances: trans18 portation of family members incident to

19 the repatriation of employees held cap20 tive

21 ‘‘(a) ALLOWANCE FOR FAMILY MEMBERS AND CER22 TAIN OTHERS.—(1) Under uniform regulations prescribed

23 by the heads of agencies, travel and transportation de24 scribed in subsection (d) may be provided for not more
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1 than 3 family members of an employee described in sub2 section (b).

3 ‘‘(2) In addition to the family members authorized

4 to be provided travel and transportation under paragraph

5 (1), the head of an agency may provide travel and trans6 portation described in subsection (d) to an attendant to

7 accompany a family member described in subsection (b)

8 if the head of an agency determines—

9 ‘‘(A) the family member to be accompanied is

10 unable to travel unattended because of age, physical

11 condition, or other reason determined by the head of

12 the agency; and

13 ‘‘(B) no other family member who is eligible for

14 travel and transportation under subsection (a) is

15 able to serve as an attendant for the family member.

16 ‘‘(3) If no family member of an employee described

17 in subsection (b) is able to travel to the repatriation site

18 of the employee, travel and transportation described in

19 subsection (d) may be provided to not more than 2 persons

20 related to and selected by the employee.

21 ‘‘(b) COVERED EMPLOYEES.—An employee described

22 in this subsection is an employee (as defined in section

23 2105 of this title) who—

24 ‘‘(1) was held captive, as determined by the

25 head of an agency concerned; and
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1 ‘‘(2) is repatriated to a site inside or outside

2 the United States.

3 ‘‘(c) ELIGIBLE FAMILY MEMBERS.—In this section,

4 the term ‘family member’ has the meaning given the term

5 in section 411h(b) of title 37.

6 ‘‘(d) TRAVEL AND TRANSPORTATION AUTHOR7 IZED.—(1) The transportation authorized by subsection

8 (a) is round-trip transportation between the home of the

9 family member (or home of the attendant or person pro10 vided transportation under paragraph (2) or (3) of sub11 section (a), as the case may be) and the location of the

12 repatriation site at which the employee is located.

13 ‘‘(2) In addition to the transportation authorized by

14 subsection (a), the head of an agency may provide a per

15 diem allowance or reimbursement for the actual and nec16 essary expenses of the travel, or a combination thereof,

17 but not to exceed the rates established for such allowances

18 and expenses under section 404(d) of title 37.

19 ‘‘(3) The transportation authorized by subsection (a)

20 may be provided by any of the means described in section

21 411h(d)(1) of title 37.

22 ‘‘(4) An allowance under this subsection may be paid

23 in advance.
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1 ‘‘(5) Reimbursement payable under this subsection

2 may not exceed the cost of government-procured round3 trip air travel.’’.

4 (2) The table of sections at the beginning of chapter

5 57 of such title is amended by adding at the end the fol6 lowing new item:

‘‘5760. Travel and transportation allowances: transportation of family members

incident to the repatriation of employees held captive.’’.

7 (a) AUTHORITY TO CONTINUE ALLOWANCE.—Effec8 tive as of September 30, 2005, section 1026 of division

9 A of the Emergency Supplemental Appropriations Act for

10 Defense, the Global War on Terror, and Tsunami Relief,

11 2005 (Public Law 109–13), is amended by striking sub12 sections (d) and (e).

13 (b) CODIFICATION OF REPORTING REQUIREMENT.—

14 Section 411h of title 37, United States Code, is amended

15 by adding at the end the following new subsection:

16 ‘‘(e) If the amount of travel and transportation allow17 ances provided in a fiscal year under clause (ii) of sub18 section (a)(2)(B) exceeds $20,000,000, the Secretary of

19 Defense shall submit to Congress a report specifying the

20 total amount of travel and transportation allowances pro21 vided under such clause in such fiscal year.’’.

22 (c) CONFORMING AMENDMENT.—Subsection

23 (a)(2)(B)(ii) of such section, as added by section 1026 of

24 division A of the Emergency Supplemental Appropriations
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1 Act for Defense, the Global War on Terror, and Tsunami

2 Relief, 2005 (Public Law 109–13), is amended by striking

3 ‘‘under section 1967(c)(1)(A) of title 38’’.

4 (d) FUNDING.—Funding shall be provided out of ex5 isting funds.

6 Subtitle D—Retired Pay and

7 Survivor Benefits

8 SEC. 641. ENHANCEMENT OF DEATH GRATUITY AND EN9 HANCEMENT OF LIFE INSURANCE BENEFITS

10 FOR CERTAIN COMBAT RELATED DEATHS.

11 (a) INCREASED AMOUNT OF DEATH GRATUITY.—

12 (1) INCREASED AMOUNT.—Section 1478(a) of

13 title 10, United States Code, is amended by striking

14 ‘‘$12,000’’ and inserting ‘‘$100,000’’.

15 (2) EFFECTIVE DATE.—The amendment made

16 by this subsection shall take effect on October 7,

17 2001, and shall apply with respect to deaths occur18 ring on or after that date.

19 (3) COORDINATION WITH OTHER ENHANCE20 MENTS.—If the date of the enactment of this Act oc21 curs before October 1, 2005—

22 (A) effective as of such date of enactment,

23 the amendments made to section 1478 of title

24 10, United States Code, by the Emergency Sup25 plemental Appropriations Act for Defense, the
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1 Global War on Terror, and Tsunami Relief,

2 2005 (Public Law 109–13) are repealed; and

3 (B) effective immediately before the execu4 tion of the amendment made by paragraph (1),

5 the provisions of section 1478 of title 10,

6 United States Code, as in effect on the date be7 fore the date of the enactment of the Act re8 ferred to in subparagraph (A), shall be revived.

9 (b) SERVICEMEMBERS’ GROUP LIFE INSURANCE EN10 HANCEMENTS.—

11 (1) INCREASED MAXIMUM AMOUNT OF SGLI.—

12 Section 1967 of title 38, United States Code, is

13 amended—

14 (A) in subsection (a)(3)(A), by striking

15 clause (i) and inserting the following new

16 clause:

17 ‘‘(i) In the case of a member—

18 ‘‘(I) $400,000 or such lesser amount as

19 the member may elect as provided in subpara20 graph (B);

21 ‘‘(II) in the case of a member covered by

22 subsection (e), the amount provided for or elect23 ed by the member under subclause (I) plus the

24 additional amount of insurance provided for the

25 member by subsection (e); or
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1 ‘‘(III) in the case of a member covered by

2 subsection (e) who has made an election under

3 paragraph (2)(A) not to be insured under this

4 subchapter, the amount of insurance provided

5 for the member by subsection (e).’’; and

6 (B) in subsection (d), by striking

7 ‘‘$250,000’’ and inserting ‘‘$400,000’’.

8 (2) INCREMENTS OF DECREASED AMOUNTS

9 ELECTABLE BY MEMBERS.—Subsection (a)(3)(B) of

10 such section is amended by striking ‘‘member or

11 spouse’’ in the last sentence and inserting ‘‘member,

12 be evenly divisible by $50,000 and, in the case of a

13 member’s spouse’’.

14 (3) ADDITIONAL AMOUNT FOR MEMBERS SERV15 ING IN CERTAIN AREAS OR OPERATIONS.—

16 (A) INCREASED AMOUNT.—Section 1967

17 of such title is further amended—

18 (i) by redesignating subsection (e) as

19 subsection (f); and

20 (ii) by inserting after subsection (d)

21 the following new subsection (e):

22 ‘‘(e)(1) A member covered by this subsection is any

23 member as follows:

24 ‘‘(A) Any member who dies as a result of one

25 or more wounds, injuries, or illnesses incurred while
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1 serving in an operation or area that the Secretary of

2 Defense designates, in writing, as a combat oper3 ation or a zone of combat, respectively, for purposes

4 of this subsection.

5 ‘‘(B) Any member who formerly served in an

6 operation or area so designated and whose death is

7 determined (under regulations prescribed by the Sec8 retary of Defense) to be the direct result of injury

9 or illness incurred or aggravated while so serving.

10 ‘‘(2) The additional amount of insurance under this

11 subchapter that is provided for a member by this sub12 section is $150,000, except that in a case in which the

13 amount provided for or elected by the member under sub14 section (a)(3)(A)(i)(I) exceeds $250,000, the additional

15 amount of insurance under this subchapter that is pro16 vided for the member by this subsection shall be reduced

17 to such amount as is necessary to comply with the limita18 tion in paragraph (3).

19 ‘‘(3) The total amount of insurance payable for a

20 member under this subchapter may not exceed $400,000.

21 ‘‘(4) While a member is serving in an operation or

22 area designated as described in paragraph (1), the cost

23 of insurance of the member under this subchapter that

24 is attributable to $150,000 of insurance coverage shall,

25 at the election of the Secretary concerned—
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1 ‘‘(A) be contributed as provided in section

2 1969(b)(2) of this title, rather through deduction or

3 withholding from the member’s pay; or

4 ‘‘(B) if deducted or withheld from the member’s

5 pay, be reimbursed to the member through such

6 mechanism as the Secretary concerned determines

7 appropriate.’’.

8 (B) FUNDING.—Section 1969(b) of such

9 title is amended—

10 (i) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

11 (ii) by adding at the end the following

12 new paragraph:

13 ‘‘(2) For each month for which a member insured

14 under this subchapter is serving in an operation or area

15 designated as described by paragraph (1)(A) of section

16 1967(e) of this title, there may, at the election of the Sec17 retary concerned under paragraph (4)(A) of such section,

18 be contributed from the appropriation made for active

19 duty pay of the uniformed service concerned an amount

20 determined by the Secretary and certified to the Secretary

21 concerned to be the cost of Servicemembers’ Group Life

22 Insurance which is traceable to the cost of providing insur23 ance for the member under section 1967 of this title in

24 the amount of $150,000.’’.
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1 (4) CONFORMING AMENDMENT.—Section

2 1967(a)(2)(A) of such title is amended by inserting

3 before the period at the end the following: ‘‘, except

4 with respect to insurance provided under paragraph

5 (3)(A)(i)(III)’’.

6 (5) COORDINATION WITH VGLI.—Section

7 1977(a) of such title is amended—

8 (A) by striking ‘‘$250,000’’ each place it

9 appears and inserting ‘‘$400,000’’; and

10 (B) by adding at the end of paragraph (1)

11 the following new sentence: ‘‘Any additional

12 amount of insurance provided a member under

13 section 1967(e) of this title may not be treated

14 as an amount for which Veterans’ Group Life

15 Insurance shall be issued under this section.’’.

16 (6) REQUIREMENTS REGARDING ELECTIONS OF

17 MEMBERS TO REDUCE OR DECLINE INSURANCE.—

18 Section 1967(a) of such title is further amended—

19 (A) in paragraph (2), by adding at the end

20 the following new subparagraph:

21 ‘‘(C) Pursuant to regulations prescribed by the Sec22 retary of Defense, notice of an election of a member with

23 a spouse not to be insured under this subchapter, or to

24 be insured under this subchapter in an amount less than

25 the maximum amount provided under paragraph
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1 (3)(A)(i)(I), shall be provided to the spouse of the mem2 ber.’’; and

3 (B) in paragraph (3), by adding at the end

4 the following new subparagraph:

5 ‘‘(D) Whenever a member who is not married elects

6 not to be insured under this subchapter, or to be insured

7 under this subchapter in an amount less than the max8 imum amount provided for under subparagraph (A)(i)(I),

9 the Secretary concerned shall provide a notice of such elec10 tion to any person designated by the member as a bene11 ficiary or designated as the member’s next-of-kin for the

12 purpose of emergency notification, as determined under

13 regulations prescribed by the Secretary of Defense.’’.

14 (7) REQUIREMENT REGARDING REDESIGNATION

15 OF BENEFICIARIES.—Section 1970 of such title is

16 amended by adding at the end the following new

17 subsection:

18 ‘‘(j) A member with a spouse may not modify the ben19 eficiary or beneficiaries designated by the member under

20 subsection (a) without providing written notice of such

21 modification to the spouse.’’.

22 (8) EFFECTIVE DATE.—This subsection and the

23 amendments made by this subsection shall take ef24 fect on October 1, 2005, immediately after the ter25 mination of the amendments made to sections 1967,
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1 1969, 1970, and 1977 of title 38, United States

2 Code, by the Emergency Supplemental Appropria3 tions Act for Defense, the Global War on Terror,

4 and Tsunami Relief, 2005 (Public Law 109–13).

5 SEC. 642. IMPROVEMENT OF MANAGEMENT OF ARMED

6 FORCES RETIREMENT HOME.

7 (a) REDESIGNATION OF CHIEF OPERATING OFFICER

8 AS CHIEF EXECUTIVE OFFICER.—

9 (1) IN GENERAL.—Section 1515 of the Armed

10 Forces Retirement Home Act of 1991 (24 U.S.C.

11 415) is amended—

12 (A) by striking ‘‘Chief Operating Officer’’

13 each place it appears and inserting ‘‘Chief Ex14 ecutive Officer’’; and

15 (B) in subsection (e)(1), by striking ‘‘Chief

16 Operating Officer’s’’ and inserting ‘‘Chief Exec17 utive Officer’s’’.

18 (2) CONFORMING AMENDMENTS.—Such Act is

19 further amended by striking ‘‘Chief Operating Offi20 cer’’ each place it appears in a provision as follows

21 and inserting ‘‘Chief Executive Officer’’:

22 (A) In section 1511 (24 U.S.C. 411).

23 (B) In section 1512 (24 U.S.C. 412).

24 (C) In section 1513(a) (24 U.S.C. 413(a)).
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1 (D) In section 1514(c)(1) (24 U.S.C.

2 414(c)(1)).

3 (E) In section 1516(b) (24 U.S.C. 416(b)).

4 (F) In section 1517 (24 U.S.C. 417).

5 (G) In section 1518(c) (24 U.S.C. 418(c)).

6 (H) In section 1519(c) (24 U.S.C. 419(c)).

7 (I) In section 1521(a) (24 U.S.C. 421(a)).

8 (J) In section 1522 (24 U.S.C. 422).

9 (K) In section 1523(b) (24 U.S.C. 423(b)).

10 (L) In section 1531 (24 U.S.C. 431).

11 (3) CLERICAL AMENDMENTS.—(A) The heading

12 of section 1515 of such Act is amended to read as

13 follows:

14 ‘‘SEC. 1515. CHIEF EXECUTIVE OFFICER.’’.

15 (B) The table of contents for such Act is

16 amended by striking the item relating to section

17 1515 and inserting the following new item:

‘‘Sec. 1515 Chief Executive Officer.’’.

18 (4) REFERENCES.—Any reference in any law,

19 regulation, document, record, or other paper of the

20 United States to the Chief Operating Officer of the

21 Armed Forces Retirement Home shall be considered

22 to be a reference to the Chief Executive Officer of

23 the Armed Forces Retirement Home.
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1 (b) PHYSICIANS AND DENTISTS FOR EACH RETIRE2 MENT HOME FACILITY.—Section 1513 of such Act (24

3 U.S.C. 413) is amended—

4 (1) in subsection (a), by striking ‘‘subsection

5 (b)’’ and inserting ‘‘subsections (b), (c), and (d)’’;

6 and

7 (2) by adding at the end the following new sub8 section:

9 ‘‘(c) PHYSICIANS AND DENTISTS FOR EACH RETIRE10 MENT HOME FACILITY.—(1) In providing for the health

11 care needs of residents under subsection (c), the Retire12 ment Home shall have in attendance at each facility of

13 the Retirement Home, during the daily business hours of

14 such facility, a physician and a dentist, each of whom shall

15 have skills and experience suited to residents of such facil16 ity.

17 ‘‘(2) In providing for the health care needs of resi18 dents, the Retirement shall also have available to residents

19 of each facility of the Retirement Home, on an on-call

20 basis during hours other than the daily business hours of

21 such facility, a physician and a dentist each of whom have

22 skills and experience suited to residents of such facility.

23 ‘‘(3) In this subsection, the term ‘daily business

24 hours’ means the hours between 9 o’clock ante meridian
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1 and 5 o’clock post meridian, local time, on each of Monday

2 through Friday.’’.

3 (c) TRANSPORTATION TO MEDICAL CARE OUTSIDE

4 RETIREMENT HOME FACILITIES.—Section 1513 of such

5 Act is further amended—

6 (1) in the third sentence of subsection (b), by

7 inserting ‘‘, except as provided in subsection (d),’’

8 after ‘‘shall not’’; and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(d) TRANSPORTATION TO MEDICAL CARE OUTSIDE

12 RETIREMENT HOME FACILITIES.—The Retirement Home

13 shall provide to any resident of a facility of the Retirement

14 Home, upon request of such resident, transportation to

15 any medical facility located not more than 30 miles from

16 such facility for the provision of medical care to such resi17 dent. The Retirement Home may not collect a fee from

18 a resident for transportation provided under this sub19 section.’’.

20 (d) MILITARY DIRECTOR FOR EACH RETIREMENT

21 HOME.—Section 1517(b)(1) of such Act (24 U.S.C.

22 417(b)(1)) is amended by striking ‘‘a civilian with experi23 ence as a continuing care retirement community profes24 sional or’’.
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1 SEC. 643. REPEAL OF REQUIREMENT OF REDUCTION OF

2 SBP SURVIVOR ANNUITIES BY DEPENDENCY

3 AND INDEMNITY COMPENSATION.

4 (a) REPEAL.—Subchapter II of chapter 73 of title

5 10, United States Code is amended—

6 (1) in section 1450(c)(1), by inserting after ‘‘to

7 whom section 1448 of this title applies’’ the fol8 lowing: ‘‘(except in the case of a death as described

9 in subsection (d) or (f) of such section)’’; and

10 (2) in section 1451(c)—

11 (A) by striking paragraph (2); and

12 (B) by redesignating paragraphs (3) and

13 (4) as paragraphs (2) and (3), respectively.

14 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No

15 benefits may be paid to any person for any period before

16 the effective date provided under subsection (e) by reason

17 of the amendments made by subsection (a).

18 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

19 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPI20 ENTS.—A surviving spouse who is or has been in receipt

21 of an annuity under the Survivor Benefit Plan under sub22 chapter II of chapter 73 of title 10, United States Code,

23 that is in effect before the effective date provided under

24 subsection (e) and that is adjusted by reason of the

25 amendments made by subsection (a) and who has received

26 a refund of retired pay under section 1450(e) of title 10,
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1 United States Code, shall not be required to repay such

2 refund to the United States.

3 (d) RECONSIDERATION OF OPTIONAL ANNUITY.—

4 Section 1448(d)(2) of title 10, United States Code, is

5 amended by adding at the end the following new sen6 tences: ‘‘The surviving spouse, however, may elect to ter7 minate an annuity under this subparagraph in accordance

8 with regulations prescribed by the Secretary concerned.

9 Upon such an election, payment of an annuity to depend10 ent children under this subparagraph shall terminate ef11 fective on the first day of the first month that begins after

12 the date on which the Secretary concerned receives notice

13 of the election, and, beginning on that day, an annuity

14 shall be paid to the surviving spouse under paragraph (1)

15 instead.’’.

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

17 this section shall take effect on the later of—

18 (1) the first day of the first month that begins

19 after the date of the enactment of this Act; or

20 (2) the first day of the fiscal year that begins

21 in the calendar year in which this Act is enacted.
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1 SEC. 644. EFFECTIVE DATE FOR PAID-UP COVERAGE

2 UNDER SURVIVOR BENEFIT PLAN.

3 Section 1452(j) of title 10, United States Code, is

4 amended by striking ‘‘October 1, 2008’’ and inserting

5 ‘‘October 1, 2005’’.

6 SEC. 645. INCLUSION OF VETERANS WITH SERVICE-CON7 NECTED DISABILITIES RATED AS TOTAL BY

8 REASON OF UNEMPLOYABILITY UNDER TER9 MINATION OF PHASE-IN OF CONCURRENT RE10 CEIPT OF RETIRED PAY AND VETERANS’ DIS11 ABILITY COMPENSATION.

12 (a) INCLUSION OF VETERANS.—Section 1414(a)(1)

13 of title 10, United States Code, is amended by inserting

14 ‘‘or a qualified retiree receiving veterans’ disability com15 pensation for a disability rated as total (within the mean16 ing of subsection (e)(3)(B))’’ after ‘‘rated as 100 percent’’.

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

18 subsection (a) shall take effect on December 31, 2004.

19 (c) ADDITIONAL DEATH GRATUITY.—In the case of

20 an active duty member of the armed forces who died be21 tween October 7, 2001, and May 11, 2005, and was not

22 eligible for an additional death gratuity under section

23 1478(e)(3)(A) of title 10, United States Code (as added

24 by section 1013(b) of Public Law 109–13), the eligible

25 survivors of such decedent shall receive, in addition to the

26 death gratuity available to such survivors under section
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1 1478(a) of such title, an additional death gratuity of

2 $150,000 under the same conditions as provided under

3 section 1478(e)(4) of such title.

4 Subtitle E—Other Matters

5 SEC. 651. PAYMENT OF EXPENSES OF MEMBERS OF THE

6 ARMED FORCES TO OBTAIN PROFESSIONAL

7 CREDENTIALS.

8 (a) PAYMENT AUTHORIZED.—Chapter 101 of title

9 10, United States Code, is amended by inserting after sec10 tion 2007 the following new section:

11 ‘‘§ 2007a. Payment of expenses of members of the

12 armed forces to obtain professional cre13 dentials

14 ‘‘(a) PAYMENT AUTHORIZED.—Except as provided in

15 subsection (b), the Secretary of Defense may pay for—

16 ‘‘(1) expenses of members of the armed forces

17 to obtain professional credentials, including expenses

18 of professional accreditation, State-imposed and pro19 fessional licenses, and professional certification; and

20 ‘‘(2) examinations to obtain such credentials.

21 ‘‘(b) EXCEPTION.—The authority in subsection (a)

22 may not be exercised on behalf of any member of the

23 armed forces for expenses to obtain the basic qualifica24 tions for membership in a profession or officer community.
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1 ‘‘(c) FUNDS AVAILABLE.—Funds appropriated or

2 otherwise made available to the Secretary of Defense may

3 be used to pay expenses under subsection (a).’’.

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

5 at the beginning of such chapter is amended by adding

6 at the end the following new item:

‘‘2007a. Payment of expenses of members of the armed forces to obtain professional credentials.’’.

7 SEC. 652. PILOT PROGRAM ON CONTRIBUTIONS TO THRIFT

8 SAVINGS PLAN FOR INITIAL ENLISTEES IN

9 THE ARMED FORCES.

10 (a) PILOT PROGRAM REQUIRED.—During fiscal year

11 2006, the Secretary of the Army shall carry out within

12 the Army a pilot program in order to assess the extent

13 to which contributions by the military departments to the

14 Thrift Savings Fund on behalf of members of the Armed

15 Forces described in subsection (b) would—

16 (1) assist the Armed Forces in recruiting ef17 forts; and

18 (2) assist such members in establishing habits

19 of financial responsibility during their initial enlist20 ments in the Armed Forces.

21 (b) COVERED MEMBERS.—A member of the Armed

22 Forces described in this subsection is a member of the

23 Armed Forces who is serving in the Armed Forces under
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1 an initial enlistment for a period of not less than two

2 years.

3 (c) CONTRIBUTIONS TO THRIFT SAVINGS FUND.—

4 (1) IN GENERAL.—The Secretary of the Army

5 may make contributions to the Thrift Savings Fund

6 on behalf of any participant in the pilot program

7 under subsection (a) for any pay period during the

8 period of the pilot program.

9 (2) LIMITATIONS.—The amount of any con10 tributions made with respect to a member under

11 paragraph (1) shall be subject to the provisions of

12 section 8432(c) of title 5, United States Code.

13 (d) REPORT.—

14 (1) IN GENERAL.—Not later than February 1,

15 2007, the Secretary of Defense shall submit to the

16 congressional defense committees a report on the

17 pilot program under subsection (a).

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

19 following:

20 (A) A description of the pilot program, in21 cluding the number of members of the Army

22 who participated in the pilot program and the

23 contributions made by the Army to the Thrift

24 Savings Fund on behalf of such members dur25 ing the period of the pilot program.
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1 (B) An assessment, based on the pilot pro2 gram and taking into account the views of offi3 cers and senior enlisted personnel of the Army,

4 and of field recruiters, of the extent to which

5 contributions by the military departments to

6 the Thrift Savings Fund on behalf of members

7 of the Armed Forces similar to the participants

8 in the pilot program—

9 (i) would enhance the recruiting ef10 forts of the Armed Forces; and

11 (ii) would assist such members in es12 tablishing habits of financial responsibility

13 during their initial enlistments in the

14 Armed Forces.

15 SEC. 653. EXTENSION OF EFFECTIVE DATE.

16 Section 6 of the Higher Education Relief Opportuni17 ties for Students Act of 2003 (20 U.S.C. 1070 note) is

18 amended by striking ‘‘September 30, 2005’’ and inserting

19 ‘‘September 30 2007’’.

20 SEC. 654. OUTREACH TO MEMBERS OF THE ARMED FORCES

21 AND THEIR DEPENDENTS ON THE

22 SERVICEMEMBERS CIVIL RELIEF ACT.

23 (a) OUTREACH TO MEMBERS OF THE ARMED

24 FORCES.—
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1 (1) IN GENERAL.—The Secretary concerned

2 shall provide to each member of the Armed Forces

3 under the jurisdiction of the Secretary pertinent in4 formation on the rights and protections available to

5 servicemembers and their dependents under the

6 Servicemembers Civil Relief Act (50 U.S.C. App.

7 501 et seq.).

8 (2) TIME OF PROVISION.—Information shall be

9 provided to a member of the Armed Forces under

10 paragraph (1) at times as follows:

11 (A) During initial orientation training.

12 (B) In the case of a member of a reserve

13 component of the Armed Forces, during initial

14 orientation training and when the member is

15 mobilized or otherwise individually called or or16 dered to active duty for a period of more than

17 one year.

18 (C) At such other times as the Secretary

19 concerned considers appropriate.

20 (b) OUTREACH TO DEPENDENTS.—The Secretary

21 concerned may provide to the adult dependents of mem22 bers of the Armed Forces under the jurisdiction of the

23 Secretary pertinent information on the rights and protec24 tions available to servicemembers and their dependents

25 under the Servicemembers Civil Relief Act.
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1 (c) DEFINITIONS.—In this section, the terms ‘‘de2 pendent’’ and ‘‘Secretary concerned’’ have the meanings

3 given such terms in section 101 of the Servicemembers

4 Civil Relief Act (50 U.S.C. App. 511).

5 Subtitle F—Enhancement of Au6 thorities for Recruitment and

7 Retention

8 SEC. 671. INCREASE IN MAXIMUM RATE OF ASSIGNMENT

9 INCENTIVE PAY.

10 (a) INCREASE IN MAXIMUM RATE.—Section 307a(c)

11 of title 37, United States Code, is amended by striking

12 ‘‘$1,500’’ and inserting ‘‘$3,000’’.

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

14 subsection (a) shall take effect on the date of the enact15 ment of this Act, and shall apply with respect to months

16 beginning on or after that date.

17 SEC. 672. TEMPORARY INCREASE IN BASIC ALLOWANCE

18 FOR HOUSING IN AREAS SUBJECT TO DEC19 LARATION OF A MAJOR DISASTER.

20 (a) TEMPORARY INCREASE AUTHORIZED.—Section

21 403(b) of title 37, United States Code, is amended—

22 (1) by redesignating paragraphs (6) and (7) as

23 paragraphs (7) and (8), respectively; and

24 (2) by inserting after paragraph (4) the fol25 lowing new paragraph (5):
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1 ‘‘(5)(A) The Secretary of Defense may prescribe a

2 temporary increase in rates of basic allowance for housing

3 in a military housing area located in an area for which

4 a major disaster has been declared in accordance with sec5 tion 401 of the Robert T. Stafford Disaster Relief and

6 Emergency Assistance Act (42 U.S.C. 5170).

7 ‘‘(B) The amount of the increase under this para8 graph in rates of basic allowance for housing in an area

9 by reason of a disaster shall be based on a determination

10 by the Secretary of the amount by which the costs of ade11 quate housing for civilians have increased in the area by

12 reason of the disaster.

13 ‘‘(C) The amount of any increase under this para14 graph in a rate of basic allowance for housing may not

15 exceed the amount equal to 20 percent of such rate of

16 basic allowance for housing.

17 ‘‘(D) A member may be paid a basic allowance for

18 housing at a rate increased under this paragraph by rea19 son of a disaster only if the member certifies to the Sec20 retary concerned that the member has incurred increased

21 housing costs in the area concerned by reason of the dis22 aster.

23 ‘‘(E) An increase in rates of basic allowance for hous24 ing in an area under this paragraph shall remain in effect

25 until the effective date of the first adjustment in rates of
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1 basic allowance for housing made for the area pursuant

2 to a redetermination of housing costs in the area under

3 paragraph (4) that occurs after the date of the increase

4 under this paragraph.’’.

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

6 subsection (a) shall take effect on September 1, 2005, and

7 shall apply with respect to months beginning on or after

8 that date.

9 SEC. 673. TEMPORARY AUTHORITY FOR INCENTIVES FOR

10 RECRUITMENT OF MILITARY PERSONNEL.

11 (a) AUTHORITY TO PROVIDE INCENTIVES.—The

12 Secretary of Defense may, in consultation with the Direc13 tor of the Office of Management and Budget, develop and

14 provide incentives (in addition to any other incentives au15 thorized by law) for the recruitment of individuals as offi16 cers and enlisted members of the Armed Forces.

17 (b) CONSTRUCTION WITH OTHER PERSONNEL AU18 THORITIES.—

19 (1) IN GENERAL.—Incentives may be provided

20 under subsection (a)—

21 (A) without regard to the lack of specific

22 authority for such incentives under title 10,

23 United States Code, or title 37, United States

24 Code; and
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1 (B) notwithstanding any provision of title

2 10, United States Code, or title 37, United

3 States Code, or any rule or regulation pre4 scribed under such provision, relating to meth5 ods of—

6 (i) determining requirements for, and

7 the compensation of, members of the

8 Armed Forces who are assigned duty as

9 military recruiters; or

10 (ii) providing incentives to individuals

11 to accept commissions or enlist in the

12 Armed Forces, including the provision of

13 group or individual bonuses, pay, or other

14 incentives.

15 (2) WAIVER OF OTHERWISE APPLICABLE

16 LAWS.—No provision of title 10, United States

17 Code, or title 37, United States Code, may be

18 waived with respect to, or otherwise determined to

19 be inapplicable to, the provision of incentives under

20 subsection (a) except with the approval of the Sec21 retary.

22 (c) PLANS.—

23 (1) DEVELOPMENT OF PLANS.—Before pro24 viding an incentive under subsection (a), or entering

25 into any agreement or contract with respect to the
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1 provision of such incentive, the Secretary shall de2 velop a plan that includes—

3 (A) a description of such incentive, includ4 ing the purpose of such project and the mem5 bers (or potential recruits) of the Armed Forces

6 to be addressed by such incentive;

7 (B) a statement of the anticipated out8 comes of such incentive; and

9 (C) the method of evaluating the effective10 ness of such incentive.

11 (2) SUBMITTAL OF PLANS.—Not later than 30

12 days before the provision of an incentive under sub13 section (a), the Secretary shall submit a copy of the

14 plan developed under paragraph (1) on such

15 incentive—

16 (A) to the elements of the Department of

17 Defense to be affected by the provision of such

18 incentive; and

19 (B) to Congress.

20 (d) LIMITATIONS.—

21 (1) NUMBER OF INDIVIDUALS.—The number of

22 individuals provided incentives under subsection (a)

23 may not exceed the number of individuals equal to

24 20 percent of the accession mission of the Armed
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1 Force concerned for the fiscal year in which such in2 centives are first provided.

3 (2) DURATION OF PROVISION.—The provision

4 of incentives under subsection (a) shall terminate

5 not later than the end of the three-year period be6 ginning on the date on which the provision of such

7 incentives commences (except that such incentives

8 may continue to be provided beyond the date other9 wise provided in this paragraph to the extent nec10 essary to evaluate the effectiveness of such incen11 tives).

12 (e) REPORTS.—

13 (1) IN GENERAL.—The Secretary shall submit

14 to Congress on an annual basis a report on the in15 centives provided under subsection (a) during the

16 preceding year.

17 (2) ELEMENTS.—Each report under this sub18 section shall include—

19 (A) a description of the incentives provided

20 under subsection (a) during the fiscal year cov21 ered by such report; and

22 (B) an assessment of the impact of such

23 incentives on the recruitment of individuals as

24 officers or enlisted members of the Armed

25 Forces.
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1 SEC. 674. PAY AND BENEFITS TO FACILITATE VOLUNTARY

2 SEPARATION OF TARGETED MEMBERS OF

3 THE ARMED FORCES.

4 (a) PAY AND BENEFITS AUTHORIZED.—

5 (1) IN GENERAL.—Chapter 59 of title 10,

6 United States Code, is amended by inserting after

7 section 1175 the following new section:

8 ‘‘§ 1175a. Voluntary separation pay and benefits

9 ‘‘(a) IN GENERAL.—Under regulations approved by

10 the Secretary of Defense, the Secretary concerned may

11 provide voluntary separation pay and benefits in accord12 ance with this section to eligible members of the armed

13 forces who are voluntarily separated from active duty in

14 the armed forces.

15 ‘‘(b) ELIGIBLE MEMBERS.—(1) Except as provided

16 in paragraph (2), a member of the armed forces is eligible

17 for voluntary separation pay and benefits under this sec18 tion if the member—

19 ‘‘(A) has served on active duty for more than

20 6 years but not more than 20 years;

21 ‘‘(B) has served at least 5 years of continuous

22 active duty immediately preceding the date of the

23 member’s separation from active duty;

24 ‘‘(C) has not been approved for payment of a

25 voluntary separation incentive under section 1175 of

26 this title;
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1 ‘‘(D) meets such other requirements as the Sec2 retary concerned may prescribe, which may include

3 requirements relating to—

4 ‘‘(i) years of service, skill, rating, military

5 specialty, or competitive category;

6 ‘‘(ii) grade or rank;

7 ‘‘(iii) remaining period of obligated service;

8 or

9 ‘‘(iv) any combination of these factors; and

10 ‘‘(E) requests separation from active duty.

11 ‘‘(2) The following members are not eligible for vol12 untary separation pay and benefits under this section:

13 ‘‘(A) Members discharged with disability sever14 ance pay under section 1212 of this title.

15 ‘‘(B) Members transferred to the temporary

16 disability retired list under section 1202 or 1205 of

17 this title.

18 ‘‘(C) Members being evaluated for disability re19 tirement under chapter 61 of this title.

20 ‘‘(D) Members who have been previously dis21 charged with voluntary separation pay.

22 ‘‘(E) Members who are subject to pending dis23 ciplinary action or who are subject to administrative

24 separation or mandatory discharge under any other

25 provision of law or regulations.
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1 ‘‘(3) The Secretary concerned shall determine each

2 year the number of members to be separated, and provided

3 separation pay and benefits, under this section during the

4 fiscal year beginning in such year.

5 ‘‘(c) SEPARATION.—Each eligible member of the

6 armed forces whose request for separation from active

7 duty under subsection (b)(1)(E) is approved shall be sepa8 rated from active duty.

9 ‘‘(d) ADDITIONAL SERVICE IN READY RESERVE.—Of

10 the number of members of the armed forces to be sepa11 rated from active duty in a fiscal year, as determined

12 under subsection (b)(3), the Secretary concerned shall de13 termine a number of such members, in such skill and

14 grade combinations as the Secretary concerned shall des15 ignate, who shall serve in the Ready Reserve, after separa16 tion from active duty, for a period of not less than three

17 years, as a condition of the receipt of voluntary separation

18 pay and benefits under this section.

19 ‘‘(e) SEPARATION PAY AND BENEFITS.—(1) A mem20 ber of the armed forces who is separated from active duty

21 under subsection (c) shall be paid voluntary separation

22 pay in accordance with subsection (g) in an amount deter23 mined by the Secretary concerned pursuant to subsection

24 (f).
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1 ‘‘(2) A member who is not entitled to retired or re2 tainer pay upon separation shall be entitled to the benefits

3 and services provided under—

4 ‘‘(A) chapter 58 of this title during the 180-day

5 period beginning on the date the member is sepa6 rated (notwithstanding any termination date for

7 such benefits and services otherwise applicable under

8 the provisions of such chapter); and

9 ‘‘(B) sections 404 and 406 of title 37.

10 ‘‘(f) COMPUTATION OF VOLUNTARY SEPARATION

11 PAY.—The Secretary concerned shall specify the amount

12 of voluntary separation pay that an individual or defined

13 group of members of the armed forces may be paid under

14 subsection (e)(1). No member may receive as voluntary

15 separation pay an amount greater than three times the

16 full amount of separation pay for a member of the same

17 pay grade and years of service who is involuntarily sepa18 rated under section 1174 of this title.

19 ‘‘(g) PAYMENT OF VOLUNTARY SEPARATION PAY.—

20 (1) Voluntary separation pay under this section may be

21 paid in a single lump sum.

22 ‘‘(2) In the case of a member of the armed forces

23 who, at the time of separation under subsection (c), has

24 completed at least 15 years, but less than 20 years, of
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1 active service, voluntary separation pay may be paid, at

2 the election of the Secretary concerned, in—

3 ‘‘(A) a single lump sum;

4 ‘‘(B) installments over a period not to exceed

5 10 years; or

6 ‘‘(C) a combination of lump sum and such in7 stallments.

8 ‘‘(h) COORDINATION WITH RETIRED OR RETAINER

9 PAY AND DISABILITY COMPENSATION.—(1) A member

10 who is paid voluntary separation pay under this section

11 and who later qualities for retired or retainer pay under

12 this title or title 14 shall have deducted from each pay13 ment of such retired or retainer pay an amount, in such

14 schedule of monthly installments as the Secretary con15 cerned shall specify, until the total amount deducted from

16 such retired or retainer pay is equal to the total amount

17 of voluntary separation pay so paid.

18 ‘‘(2)(A) Except as provided in subparagraphs (B)

19 and (C), a member who is paid voluntary separation pay

20 under this section shall not be deprived, by reason of the

21 member’s receipt of such pay, of any disability compensa22 tion to which the member is entitled under the laws ad23 ministered by the Secretary of Veterans Affairs, but there

24 shall be deducted from such disability compensation an

25 amount, in such schedule of monthly installments as the
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1 Secretary concerned shall specify, until the total amount

2 deducted from such disability compensation is equal to the

3 total amount of voluntary separation pay so paid.

4 ‘‘(B) No deduction shall be made from the disability

5 compensation paid to an eligible disabled uniformed serv6 ices retiree under section 1413, or to an eligible combat7 related disabled uniformed services retiree under section

8 1413a of this title, who is paid voluntary separation pay

9 under this section.

10 ‘‘(C) No deduction may be made from the disability

11 compensation paid to a member for the amount of vol12 untary separation pay received by the member because of

13 an earlier discharge or release from a period of active duty

14 if the disability which is the basis for that disability com15 pensation was incurred or aggravated during a later pe16 riod of active duty.

17 ‘‘(3) The requirement under this subsection to repay

18 voluntary separation pay following retirement from the

19 armed forces does not apply to a member who was eligible

20 to retire at the time the member applied and was accepted

21 for voluntary separation pay and benefits under this sec22 tion.

23 ‘‘(4) The Secretary concerned may waive the require24 ment to repay voluntary separation pay under paragraphs

25 (1) and (2) if the Secretary determines that recovery
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1 would be against equity and good conscience or would be

2 contrary to the best interests of the United States.

3 ‘‘(i) RETIREMENT DEFINED.—In this section, the

4 term ‘retirement’ includes a transfer to the Fleet Reserve

5 or Fleet Marine Corps Reserve.

6 ‘‘(j) REPAYMENT FOR MEMBERS WHO RETURN TO

7 ACTIVE DUTY.—(1) Except as provided in paragraphs (2)

8 and (3), a member of the armed forces who, after having

9 received all or part of voluntary separation pay under this

10 section, returns to active duty shall have deducted from

11 each payment of basic pay, in such schedule of monthly

12 installments as the Secretary concerned shall specify, until

13 the total amount deducted from such basic pay equals the

14 total amount of voluntary separation pay received.

15 ‘‘(2) Members who are involuntarily recalled to active

16 duty or full-time National Guard duty in accordance with

17 section 12301(a), 12301(b), 12301(g), 12302, 12303, or

18 12304 of this title or section 502(f)(1) of title 32 shall

19 not be subject to this subsection.

20 ‘‘(3) Members who are recalled or perform active duty

21 or full-time National Guard duty in accordance with sec22 tion 101(d)(1), 101(d)(2), 101(d)(5), 12301(d) (insofar as

23 the period served is less than 180 consecutive days with

24 the consent of the member), 12319, or 12503 of title 10,

25 or section 114, 115, or 502(f)(2) of title 32 (insofar as
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1 the period served is less than 180 consecutive days with

2 consent of the member), shall not be subject to this sub3 section.

4 ‘‘(4) The Secretary of Defense may waive, in whole

5 or in part, repayment required under paragraph (1) if the

6 Secretary determines that recovery would be against eq7 uity and good conscience or would be contrary to the best

8 interests of the United States. The authority in this para9 graph may be delegated only to the Undersecretary of De10 fense for Personnel and Readiness and the Principal Dep11 uty Undersecretary of Defense for Personnel and Readi12 ness.

13 ‘‘(k) TERMINATION OF AUTHORITY.—(1) The au14 thority to separate a member of the armed forces from

15 active duty under subsection (c) shall terminate on De16 cember 31, 2008.

17 ‘‘(2) A member who separates by the date specified

18 in paragraph (1) may continue to be provided voluntary

19 separation pay and benefits under this section until the

20 member has received the entire amount of pay and bene21 fits to which the member is entitled under this section.’’.

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of chapter 59 of such title is

24 amended by inserting after the item relating to sec25 tion 1175 the following new item:

‘‘1175a. Voluntary separation pay and benefits.’’.
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1 (b) LIMITATION ON APPLICABILITY.—During the pe2 riod beginning on the date of the enactment of this Act

3 and ending on December 31, 2008, the members of the

4 Armed Forces who are eligible for separation, and for the

5 provision of voluntary separation pay and benefits, under

6 section 1175a of title 10, United States Code (as added

7 by subsection (a)), shall be limited to officers of the Armed

8 Forces who meet the eligibility requirements of section

9 1175a(b) of title 10, United States Code (as so added),

10 but have not completed more than 12 years of active serv11 ice as of the date of separation from active duty.

12 (c) OFFICER SELECTIVE EARLY RETIREMENT.—Sec13 tion 638a(a) of title 10, United States Code, is amended

14 by adding at the end the following new sentence: ‘‘During

15 the period beginning on October 1, 2005, and ending on

16 December 31, 2011, the Secretary of Defense may also

17 authorize the Secretary of the Navy and the Secretary of

18 the Air Force to take any of the actions set forth in such

19 subsection with respect to officers of the armed forces

20 under the jurisdiction of such Secretary.’’.

21 SEC. 675. EDUCATION LOAN REPAYMENT PROGRAM FOR

22 CHAPLAINS IN THE SELECTED RESERVE.

23 (a) IN GENERAL.—Chapter 1609 of title 10, United

24 States Code, is amended by adding at the end the fol25 lowing new section:
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1 ‘‘§ 16303. Education loan repayment program: chap2 lains serving in the Selected Reserve

3 ‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.—

4 Under regulations prescribed by the Secretary of Defense

5 and subject to the provisions of this section, the Secretary

6 concerned may, for purposes of maintaining adequate

7 numbers of chaplains in the Selected Reserve, repay a loan

8 that—

9 ‘‘(1) was used by a person described in sub10 section (b) to finance education resulting in a Mas11 ters of Divinity degree; and

12 ‘‘(2) was obtained from an accredited theo13 logical seminary as listed in the Association of Theo14 logical Schools (ATS) handbook.

15 ‘‘(b) ELIGIBLE PERSONS.—(1) Except as provided in

16 paragraph (2), a person described in this subsection is a

17 person who—

18 ‘‘(A) satisfies the requirements specified in sub19 section (c);

20 ‘‘(B) holds, or is fully qualified for, an appoint21 ment as a chaplain in a reserve component of an

22 armed force; and

23 ‘‘(C) signs a written agreement to serve not less

24 than three years in the Selected Reserve.
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1 ‘‘(2) A person accessioned into the Chaplain Can2 didate Program is not eligible for the repayment of loans

3 under subsection (a).

4 ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE5 MENTS.—The requirements specified in this subsection

6 are such requirements for accessioning and commissioning

7 of chaplains as are prescribed by the Secretary concerned

8 in regulations.

9 ‘‘(d) LOAN REPAYMENT.—(1) Subject to paragraph

10 (2), the repayment of a loan under this section may con11 sist of payment of the principal, interest, and related ex12 penses of such loan.

13 ‘‘(2) The amount of any repayment of a loan made

14 under this section on behalf of a person may not exceed

15 $20,000 for each three year period of obligated service

16 that the person agrees to serve in an agreement described

17 in subsection (b)(3). Of such amount, not more than an

18 amount equal to 50 percent of such amount may be paid

19 before the completion by the person of the first year of

20 obligated service pursuant to such agreement. The balance

21 of such amount shall be payable at such time or times

22 as are prescribed by the Secretary concerned in regula23 tions.

24 ‘‘(e) EFFECT OF FAILURE TO COMPLETE OBLIGA25 TION.—A person on behalf of whom repayment of a loan
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1 is made under this section who fails, during the period

2 of obligated service the person agrees to serve in an agree3 ment described in subsection (b)(3), to serve satisfactorily

4 in the Selected Reserve may, at the election of the Sec5 retary concerned, be required to pay the United States an

6 amount equal to any amount of repayments made on be7 half of the person in connection with the agreement.’’.

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

9 at the beginning of chapter 1609 of such title is amended

10 by adding at the end the following new item:

‘‘16303. Education loan repayment program: chaplains serving in the Selected

Reserve.’’.

11 SEC. 676. SERVICEMEMBERS RIGHTS UNDER THE HOUSING

12 AND URBAN DEVELOPMENT ACT OF 1968.

13 (a) IN GENERAL.—Section 106(c)(5)(A)(ii) of the

14 Housing and Urban Development Act of 1968 (12 U.S.C.

15 1701x(c)(5)(A)(ii)) is amended—

16 (1) in subclause (II), by striking ‘‘; and’’ and

17 inserting a semicolon;

18 (2) in subclause (III), by striking the period

19 and inserting ‘‘; and’’; and

20 (3) by adding at the end the following:

21 ‘‘(IV) notify the homeowner by a

22 statement or notice, written in plain

23 English by the Secretary of Housing

24 and Urban Development, in consulta-
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1 tion with the Secretary of Defense

2 and the Secretary of the Treasury, ex3 plaining the mortgage and foreclosure

4 rights of servicemembers, and the de5 pendents of such servicemembers,

6 under the Servicemembers Civil Relief

7 Act (50 U.S.C. App. 501 et seq.), in8 cluding the toll-free military one

9 source number to call if

10 servicemembers, or the dependents of

11 such servicemembers, require further

12 assistance.’’.

13 (b) NO EFFECT ON OTHER LAWS.—Nothing in this

14 section shall relieve any person of any obligation imposed

15 by any other Federal, State, or local law.

16 (c) DISCLOSURE FORM.—Not later than 150 days

17 after the date of enactment of this Act, the Secretary of

18 Housing and Urban Development shall issue a final disclo19 sure form to fulfill the requirement of section

20 106(c)(5)(A)(ii)(IV) of the Housing and Urban Develop21 ment Act of 1968 (12 U.S.C. 1701x(c)(5)(A)(ii)).

22 (d) EFFECTIVE DATE.—The amendments made

23 under subsection (a) shall take effect 150 days after the

24 date of enactment of this Act.
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1 SEC. 677. EXTENSION OF ELIGIBILITY FOR SSI FOR CER2 TAIN INDIVIDUALS IN FAMILIES THAT IN3 CLUDE MEMBERS OF THE RESERVE AND NA4 TIONAL GUARD.

5 Section 1631(j)(1)(B) of the Social Security Act (42

6 U.S.C. 1383(j)(1)(B)) is amended by inserting ‘‘(24 con7 secutive months, in the case of such an individual whose

8 ineligibility for benefits under or pursuant to both such

9 sections is a result of being called to active duty pursuant

10 to section 12301(d) or 12302 of title 10, United States

11 Code, or section 502(f) of title 32, United States Code)’’

12 after ‘‘for a period of 12 consecutive months’’.

13 SEC. 678. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS

14 FOR INDIVIDUALS WHO COMMITTED A CAP15 ITAL OFFENSE.

16 (a) PROHIBITION AGAINST INTERMENT IN NATIONAL

17 CEMETERY.—Section 2411 of title 38, United States

18 Code, is amended—

19 (1) in subsection (b)—

20 (A) by amending paragraph (1) to read as

21 follows:

22 ‘‘(1) A person whose conviction of a Federal

23 capital crime is final.’’; and

24 (B) by amending paragraph (2) to read as

25 follows:
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1 ‘‘(2) A person whose conviction of a State cap2 ital crime is final.’’; and

3 (2) in subsection (d)—

4 (A) in paragraph (1), by striking ‘‘the

5 death penalty or life imprisonment’’ and insert6 ing ‘‘a life sentence or the death penalty’’; and

7 (B) in paragraph (2), by striking ‘‘the

8 death penalty or life imprisonment without pa9 role may be imposed’’ and inserting ‘‘a life sen10 tence or the death penalty may be imposed’’.

11 (b) DENIAL OF CERTAIN BURIAL-RELATED BENE12 FITS.—Section 985 of title 10, United States Code, is

13 amended—

14 (1) in subsection (a), by striking ‘‘who has been

15 convicted of a capital offense under Federal or State

16 law for which the person was sentenced to death or

17 life imprisonment without parole.’’ and inserting

18 ‘‘described in section 2411(b) of title 38.’’;

19 (2) in subsection (b), by striking ‘‘convicted of

20 a capital offense under Federal law’’ and inserting

21 ‘‘described in section 2411(b) of title 38’’; and

22 (3) by amending subsection (c) to read as fol23 lows:

24 ‘‘(c) DEFINITION.—In this section, the term ‘burial’

25 includes inurnment.’’.
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1 (c) DENIAL OF FUNERAL HONORS.—Section 1491(h)

2 of title 10, United States Code, is amended—

3 (1) by redesignating paragraphs (1) and (2) as

4 subparagraphs (A) and (B), respectively;

5 (2) by striking ‘‘ means a decedent who—’’ and

6 inserting the following: ‘‘—

7 ‘‘(1) means a decedent who—’’;

8 (3) in subparagraph (B), as redesignated, by

9 striking the period at the end and inserting ‘‘; and’’;

10 and

11 (4) by adding at the end the following:

12 ‘‘(2) does not include any person described in

13 section 2411(b) of title 38.’’.

14 (d) RULEMAKING.—

15 (1) DEPARTMENT OF DEFENSE.—The Sec16 retary of Defense shall prescribe regulations to en17 sure that a person is not interred in any military

18 cemetery under the authority of the Secretary or

19 provided funeral honors under section 1491 of title

20 10, United States Code, unless a good faith effort

21 has been made to determine whether such person is

22 described in section 2411(b) of title 38, United

23 States Code, or is otherwise ineligible for such inter24 ment or honors under Federal law.
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1 (2) DEPARTMENT OF VETERANS AFFAIRS.—

2 The Secretary of Veterans Affairs shall prescribe

3 regulations to ensure that a person is not interred

4 in any cemetery in the National Cemetery System

5 unless a good faith effort has been made to deter6 mine whether such person is described in section

7 2411(b) of title 38, United States Code, or is other8 wise ineligible for such interment under Federal law.

9 (e) SAVINGS PROVISION.—The amendments made by

10 subsections (a), (b), and (c) shall not apply to any person

11 whose sentence for a Federal capital crime or a State cap12 ital crime (as such terms are defined in section 2411(d)

13 of title 38, United States Code) was commuted by the

14 President or the Governor of a State.

15 SEC. 679. VETERANS PREFERENCE ELIGIBILITY FOR MILI16 TARY RESERVISTS.

17 (a) SHORT TITLE.—This section may be cited as the

18 ‘‘Reservist Access to Veterans Preference Act’’.

19 (b) VETERANS PREFERENCE ELIGIBILITY.—Section

20 2108(1) of title 5, United States Code, is amended by

21 striking ‘‘separated from’’ and inserting ‘‘discharged or

22 released from active duty in’’.

23 (c) SAVINGS PROVISION.—Nothing in the amendment

24 made by subsection (b) may be construed to affect a deter25 mination made before the date of enactment of this Act
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1 that an individual is preference eligible (as defined in sec2 tion 2108(3) of title 5, United States Code).

3 TITLE VII—HEALTH CARE

4 Subtitle A—Benefits Matters

5 SEC. 701. CLARIFICATION OF ELIGIBILITY OF RESERVE OF6 FICERS FOR HEALTH CARE PENDING ACTIVE

7 DUTY FOLLOWING ISSUANCE OF ORDERS TO

8 ACTIVE DUTY.

9 Section 1074(a)(2)(B)(iii) of title 10, United States

10 Code, is amended by inserting before the semicolon the

11 following: ‘‘, or the orders have been issued but the mem12 ber has not entered on active duty’’.

13 SEC. 702. LIMITATION ON DEDUCTIBLE AND COPAYMENT

14 REQUIREMENTS FOR NURSING HOME RESI15 DENTS UNDER THE PHARMACY BENEFITS

16 PROGRAM.

17 Section 1074g(a)(6) of title 10, United States Code,

18 is amended by adding at the end the following new sub19 paragraph:

20 ‘‘(C) In the case of a beneficiary who is a resident

21 of a nursing home and who is required, by State law, to

22 use nursing home pharmacy services utilizing pre-pack23 aged pharmaceuticals, any deductible or copayment re24 quirements for such pharmaceuticals under the cost shar25 ing requirements may not exceed such deductible or copay-
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1 ment requirements as are applicable under the cost shar2 ing requirements to a beneficiary who uses a network pro3 vider pharmacy under the pharmacy benefits program.’’.

4 SEC. 703. ELIGIBILITY OF SURVIVING ACTIVE DUTY

5 SPOUSES OF DECEASED MEMBERS FOR EN6 ROLLMENT AS DEPENDENTS IN A TRICARE

7 DENTAL PLAN.

8 Section 1076a(k)(2) of title 10, United States Code,

9 is amended—

10 (1) by striking ‘‘under subsection (f), or’’ and

11 inserting ‘‘under subsection (f),’’; and

12 (2) by inserting after ‘‘is not enrolled because

13 the dependent is a child under the minimum age for

14 enrollment,’’ the following: ‘‘or is not enrolled be15 cause the dependent is a spouse who did not qualify

16 for enrollment on the date of the member’s death be17 cause the spouse was also on active duty for a period

18 of more than 30 days on the date of the member’s

19 death,’’.
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1 SEC. 704. INCREASED PERIOD OF CONTINUED TRICARE

2 PRIME COVERAGE OF CHILDREN OF MEM3 BERS OF THE UNIFORMED SERVICES WHO

4 DIE WHILE SERVING ON ACTIVE DUTY FOR A

5 PERIOD OF MORE THAN 30 DAYS.

6 (a) PERIOD OF ELIGIBILITY.—Section 1079(g) of

7 title 10, United States Code, is amended—

8 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’;

9 (2) by striking the second sentence; and

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

11 paragraph:

12 ‘‘(2) In addition to any continuation of eligibility for

13 benefits under paragraph (1), when a member dies while

14 on active duty for a period of more than 30 days, the

15 member’s dependents who are receiving benefits under a

16 plan covered by subsection (a) shall continue to be eligible

17 for benefits under TRICARE Prime during the three-year

18 period beginning on the date of the member’s death, ex19 cept that, in the case of such a dependent of the deceased

20 who is described by subparagraph (D) or (I) of section

21 1072(2) of this title, the period of continued eligibility

22 shall be the longer of the following periods beginning on

23 such date:

24 ‘‘(A) Three years.

25 ‘‘(B) The period ending on the date on which

26 such dependent attains 21 years of age.
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1 ‘‘(C) In the case of such a dependent who, at

2 21 years of age, is enrolled in a full-time course of

3 study in a secondary school or in a full-time course

4 of study in an institution of higher education ap5 proved by the administering Secretary and was, at

6 the time of the member’s death, in fact dependent

7 on the member for over one-half of such dependent’s

8 support, the period ending on the earlier of the fol9 lowing dates:

10 ‘‘(i) The date on which such dependent

11 ceases to pursue such a course of study, as de12 termined by the administering Secretary.

13 ‘‘(ii) The date on which such dependent at14 tains 23 years of age.

15 ‘‘(3) For the purposes of paragraph (2)(C), a depend16 ent shall be treated as being enrolled in a full-time course

17 of study in an institution of higher education during any

18 reasonable period of transition between the dependent’s

19 completion of a full-time course of study in a secondary

20 school and the commencement of an enrollment in a full21 time course of study in an institution of higher education,

22 as determined by the administering Secretary.

23 ‘‘(4) The terms and conditions under which health

24 benefits are provided under this chapter to a dependent

25 of a deceased member under paragraph (2) shall be the
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1 same as those that would apply to the dependent under

2 this chapter if the member were living and serving on ac3 tive duty for a period of more than 30 days.

4 ‘‘(5) In this subsection, the term ‘TRICARE Prime’

5 means the managed care option of the TRICARE pro6 gram.’’.

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

8 subsection (a) shall take effect on October 7, 2001, and

9 shall apply with respect to deaths occurring on or after

10 that date.

11 SEC. 705. EXPANDED ELIGIBILITY OF MEMBERS OF THE SE12 LECTED RESERVE UNDER THE TRICARE PRO13 GRAM.

14 (a) GENERAL ELIGIBILITY.—Subsection (a) of sec15 tion 1076d of title 10, United States Code, is amended—

16 (1) by striking ‘‘(a) ELIGIBILITY.—A member’’

17 and inserting ‘‘(a) ELIGIBILITY.—(1) Except as pro18 vided in paragraph (2), a member’’;

19 (2) by striking ‘‘after the member completes’’

20 and all that follows through ‘‘one or more whole

21 years following such date’’; and

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

23 paragraph:
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1 ‘‘(2) Paragraph (1) does not apply to a member who

2 is enrolled, or is eligible to enroll, in a health benefits plan

3 under chapter 89 of title 5.’’.

4 (b) CONDITION FOR TERMINATION OF ELIGI5 BILITY.—Subsection (b) of such section is amended by

6 striking ‘‘(b) PERIOD OF COVERAGE.—(1) TRICARE

7 Standard’’ and all that follows through ‘‘(3) Eligibility’’

8 and inserting ‘‘(b) TERMINATION OF ELIGIBILITY UPON

9 TERMINATION OF SERVICE.—Eligibility’’.

10 (c) CONFORMING AMENDMENTS.—

11 (1) Such section is further amended—

12 (A) by striking subsection (e); and

13 (B) by redesignating subsection (g) as sub14 section (e) and transferring such subsection

15 within such section so as to appear following

16 subsection (d).

17 (2) The heading for such section is amended to

18 read as follows:

19 ‘‘§ 1076d. TRICARE program: TRICARE Standard cov20 erage for members of the Selected Re21 serve’’.

22 (d) REPEAL OF OBSOLETE PROVISION.—Section

23 1076b of title 10, United States Code, is repealed.
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1 (e) CLERICAL AMENDMENTS.—The table of sections

2 at the beginning of chapter 55 of title 10, United States

3 Code, is amended—

4 (1) by striking the item relating to section

5 1076b; and

6 (2) by striking the item relating to section

7 1076d and inserting the following:

‘‘1076d. TRICARE program: TRICARE Standard coverage for members of the

Selected Reserve.’’.

8 (f) SAVINGS PROVISION.—Enrollments in TRICARE

9 Standard that are in effect on the day before the date of

10 the enactment of this Act under section 1076d of title 10,

11 United States Code, as in effect on such day, shall be con12 tinued until terminated after such day under such section

13 1076d as amended by this section.

14 Subtitle B—Planning,

15 Programming, and Management

16 SEC. 711. TRICARE STANDARD COORDINATORS IN TRICARE

17 REGIONAL OFFICES.

18 (a) COORDINATOR IN EACH REGIONAL OFFICE.—

19 (1) IN GENERAL.—In each TRICARE Regional

20 Office there shall be a position the responsibilities of

21 which shall be the monitoring, oversight, and im22 provement of the TRICARE Standard option in the

23 TRICARE region concerned.
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1 (2) DESIGNATION.—The position under para2 graph (1) in a TRICARE Regional Office shall be

3 filled by an individual in such Regional Office des4 ignated for that purpose.

5 (b) DUTIES OF POSITION.—

6 (1) IN GENERAL.—The specific duties of the

7 positions required under subsection (a) shall be as

8 set forth in regulations prescribed by the Secretary

9 of Defense, in consultation with the other admin10 istering Secretaries.

11 (2) ELEMENTS.—The duties shall include—

12 (A) identifying health care providers who

13 will participate in the TRICARE program and

14 provide the TRICARE Standard option under

15 that program;

16 (B) communicating with beneficiaries who

17 receive the TRICARE Standard option;

18 (C) outreach to community health care

19 providers to encourage their participation in the

20 TRICARE program; and

21 (D) publication of information that identi22 fies health care providers in the TRICARE re23 gion concerned who provide the TRICARE

24 Standard option.
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1 (c) REPORT.—Not later than 90 days after the date

2 of the enactment of this Act, the Secretary shall submit

3 to the congressional defense committees a report setting

4 forth the plans to implement the requirements of the sec5 tion.

6 (d) DEFINITIONS.—In this section:

7 (1) The terms ‘‘administering Secretaries’’ and

8 ‘‘TRICARE program’’ have the meaning given such

9 terms in section 1072 of title 10, United States

10 Code.

11 (2) The term ‘‘TRICARE Standard’’ means the

12 Civilian Health and Medical Program of the Uni13 formed Services option under the TRICARE pro14 gram.

15 SEC. 712. REPORT ON DELIVERY OF HEALTH CARE BENE16 FITS THROUGH MILITARY HEALTH CARE SYS17 TEM.

18 (a) REPORT REQUIRED.—Not later than February 1,

19 2007, the Secretary of Defense shall submit to the con20 gressional defense committees a report on the delivery of

21 health care benefits through the military health care sys22 tem.

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

24 shall include the following:
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1 (1) An analysis of the organization and costs of

2 delivering health care benefits to current and retired

3 members of the Armed Forces and their families.

4 (2) An analysis of the costs of ensuring medical

5 readiness throughout the Armed Forces in support

6 of national security objectives.

7 (3) An assessment of the role of health benefits

8 in the recruitment and retention of members of the

9 Armed Forces, whether in the regular components or

10 the reserve components of the Armed Forces.

11 (4) An assessment of the experience of the mili12 tary departments during fiscal years 2003, 2004,

13 and 2005 in recruitment and retention of military

14 and civilian medical and dental personnel, whether

15 in the regular components or the reserve components

16 of the Armed Forces, in light of military and civilian

17 medical manpower requirements.

18 (5) A description of requirements for graduate

19 medical education for military medical care providers

20 and options for meeting such requirements, includ21 ing civilian medical training programs.

22 (c) RECOMMENDATIONS.—In addition to the matters

23 specified in subsection (b), the report under subsection (a)

24 shall also include such recommendations for legislative or

25 administrative action as the Secretary considers necessary
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1 to improve efficiency and quality in the provision of health

2 care benefits through the military health care system, in3 cluding recommendations on—

4 (1) the organization and delivery of health care

5 benefits;

6 (2) mechanisms required to measure costs more

7 accurately;

8 (3) mechanisms required to measure quality of

9 care, and access to care, more accurately;

10 (4) Department of Defense participation in the

11 Medicare Advantage Program, formerly Medicare

12 plus Choice;

13 (5) the use of flexible spending accounts and

14 health savings accounts for military retirees under

15 the age of 65;

16 (6) incentives for eligible beneficiaries of the

17 military health care system to retain private em18 ployer-provided health care insurance;

19 (7) means of improving integrated systems of

20 disease management, including chronic illness man21 agement;

22 (8) means of improving the safety and effi23 ciency of pharmacy benefits management;
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1 (9) the management of enrollment options for

2 categories of eligible beneficiaries in the military

3 health care system;

4 (10) reform of the provider payment system, in5 cluding the potential for use of a pay-for-perform6 ance system in order to reward quality and efficiency

7 in the TRICARE System;

8 (11) means of improving efficiency in the ad9 ministration of the TRICARE program, to include

10 the reduction of headquarters and redundant man11 agement layers, and maximizing efficiency in the

12 claims processing system;

13 (12) other improvements in the efficiency of the

14 military health care system; and

15 (13) any other matters the Secretary considers

16 appropriate to improve the efficiency and quality of

17 military health care benefits.

18 SEC. 713. COMPTROLLER GENERAL REPORT ON DIFFEREN19 TIAL PAYMENTS TO CHILDREN’S HOSPITALS

20 FOR HEALTH CARE FOR CHILDREN DEPEND21 ENTS UNDER TRICARE.

22 (a) STUDY.—The Comptroller General of the United

23 States shall conduct a study of the effectiveness of the

24 current system of differential payments to children’s hos25 pitals for health care services for severely ill dependent
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1 children of members of the uniformed services under the

2 TRICARE program in achieving the objective of securing

3 adequate health care services for such dependent children

4 under that program.

5 (b) ELEMENTS OF STUDY.—The study required by

6 subsection (a) shall include the following:

7 (1) A description of the current participation of

8 children’s hospitals in the TRICARE program.

9 (2) An assessment of the current system of dif10 ferential payments to children’s hospitals for health

11 care services described in that subsection, including

12 an assessment of—

13 (A) the extent to which the calculation of

14 such differential payments takes into account

15 the complexity and extraordinary resources re16 quired for the provision of such health care

17 services;

18 (B) the extent to which such differential

19 payments provide appropriate compensation to

20 such hospitals for the provision of such services;

21 and

22 (C) any obstacles or challenges to the de23 velopment of future modifications to the system

24 of differential payments.
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1 (3) An assessment of the adequacy of the ac2 cess of dependent children described in that sub3 section to specialized hospital services for their ill4 nesses under the TRICARE program.

5 (c) REPORTS.—Not later than May 1, 2006, the

6 Comptroller General shall submit to the Secretary of De7 fense and the congressional defense committees a report

8 on the study required by subsection (a), together with such

9 recommendations, if any, as the Comptroller General con10 siders appropriate for modifications of the current system

11 of differential payments to children’s hospitals in order to

12 achieve the objective described in that subsection.

13 (d) TRANSMITTAL TO CONGRESS.—

14 (1) IN GENERAL.—Not later than November 1,

15 2006, the Secretary of Defense shall transmit to the

16 congressional defense committees the report sub17 mitted by the Comptroller General to the Secretary

18 under subsection (c).

19 (2) IMPLEMENTATION OF MODIFICATIONS.—If

20 the report under paragraph (1) includes rec21 ommendations of the Comptroller General for modi22 fications of the current system of differential pay23 ments to children’s hospitals, the Secretary shall

24 transmit with the report—
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1 (A) a proposal for such legislative or ad2 ministration action as may be required to im3 plement such modifications; and

4 (B) an assessment and estimate of the

5 costs associated with the implementation of

6 such modifications.

7 (e) DEFINITIONS.—In this section:

8 (1) DIFFERENTIAL PAYMENTS TO CHILDREN’S

9 HOSPITALS.—The term ‘‘differential payments to

10 children’s hospitals’’ means the additional amounts

11 paid to children’s hospitals under the TRICARE

12 program for health care procedures for severely ill

13 children in order to take into account the additional

14 costs associated with such procedures for such chil15 dren when compared with the costs associated with

16 such procedures for adults and other children.

17 (2) TRICARE PROGRAM.—The term

18 ‘‘TRICARE program’’ has the meaning given that

19 term in section 1072(7) of title 10, United States

20 Code.
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1 SEC. 714. REPEAL OF REQUIREMENT FOR COMPTROLLER

2 GENERAL REVIEWS OF CERTAIN DEPART3 MENT OF DEFENSE-DEPARTMENT OF VET4 ERANS AFFAIRS PROJECTS ON SHARING OF

5 HEALTH CARE RESOURCES.

6 (a) JOINT INCENTIVES PROGRAM.—Section 8111(d)

7 of title 38, United States Code, is amended—

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

9 (2) by redesignating paragraph (4) as para10 graph (3).

11 (b) HEALTH CARE RESOURCES SHARING AND CO12 ORDINATION PROJECT.—Section 722 of the Bob Stump

13 National Defense Authorization Act for Fiscal Year 2003

14 (Public Law 107–314; 116 Stat. 2595; 38 U.S.C. 8111

15 note) is amended—

16 (1) by striking subsection (h);

17 (2) by redesignating subsection (i) as subsection

18 (h); and

19 (3) in paragraph (2) of subsection (h), as so re20 designated, by striking ‘‘based on recommendations’’

21 and all that follows and inserting ‘‘as determined by

22 the Secretaries based on information available to the

23 Secretaries to warrant such action.’’.

24 SEC. 715. SURVEYS ON TRICARE STANDARD.

25 Section 723(a) of the National Defense Authorization

26 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.
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1 1532; 10 U.S.C. 1073 note) is amended by adding at the

2 end the following new paragraph:

3 ‘‘(4) The surveys required by paragraph (1) shall in4 clude questions designed to determine from health care

5 providers participating in such surveys whether such pro6 viders are aware of the TRICARE program, what percent7 age of the current patient population of such providers re8 ceive any benefit option under the TRICARE program,

9 and whether such providers accept patients under the

10 medicare program or new patients under the medicare

11 program.’’.

12 SEC. 716. MODIFICATION OF HEALTH CARE QUALITY IN13 FORMATION AND TECHNOLOGY ENHANCE14 MENT REPORT REQUIREMENTS.

15 Section 723(e) of the National Defense Authorization

16 Act for Fiscal Year 2000 (10 U.S.C. 1071 note) is amend17 ed by striking paragraphs (1) through (4) and inserting

18 the following new paragraphs:

19 ‘‘(1) Quality measures, including structure,

20 process, and outcomes concerning—

21 ‘‘(A) patient safety;

22 ‘‘(B) timeliness and accessibility of care;

23 ‘‘(C) patient satisfaction; and

24 ‘‘(D) the use of evidence-based practices.

25 ‘‘(2) Population health.
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1 ‘‘(3) Biosurveillance.’’.

2 SEC. 717. MODIFICATION OF AUTHORITIES RELATING TO

3 PATIENT CARE REPORTING AND MANAGE4 MENT SYSTEM.

5 (a) REPEAL OF REQUIREMENT TO LOCATE DEPART6 MENT OF DEFENSE PATIENT SAFETY CENTER WITHIN

7 ARMED FORCES INSTITUTE OF PATHOLOGY.—Subsection

8 (c)(3) of section 754 of the Floyd D. Spence National De9 fense Authorization Act for Fiscal Year 2001 (as enacted

10 into lay by Public Law 106–398; 114 Stat. 1654A–196)

11 is amended by striking ‘‘within the Armed Forces Institute

12 of Pathology’’.

13 (b) RENAMING OF MEDTEAMS PROGRAM.—The cap14 tion of subsection (d) of such section is amended by strik15 ing ‘‘MEDTEAMS’’ and inserting ‘‘MEDICAL TEAM TRAIN16 ING’’.

17 SEC. 718. QUALIFICATIONS FOR INDIVIDUALS SERVING AS

18 TRICARE REGIONAL DIRECTORS.

19 (a) QUALIFICATIONS.—Effective as of the date of the

20 enactment of this Act, no individual may serve in the posi21 tion of Regional Director under the TRICARE program

22 unless the individual—

23 (1) is—

24 (A) an officer of the Armed Forces in a

25 general or flag officer grade; or
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1 (B) a civilian employee of the Department

2 of Defense in the Senior Executive Service; and

3 (2) has at least 10 years of experience, or

4 equivalent expertise or training, in the military

5 health care system, managed care, and health care

6 policy and administration.

7 (b) TRICARE PROGRAM DEFINED.—In this section,

8 the term ‘‘TRICARE program’’ has the meaning given

9 such term in section 1072(7) of title 10, United States

10 Code.

11 SEC. 719. REPORT ON THE DEPARTMENT OF DEFENSE COM12 POSITE HEALTH CARE SYSTEM II.

13 (a) REPORT REQUIRED.—Not later than six months

14 after the date of the enactment of this Act, the Secretary

15 of Defense shall submit to the appropriate committees of

16 Congress a report on the Department of Defense Com17 posite Health Care System II (CHCS II).

18 (b) REPORT ELEMENTS.—The report under sub19 section (a) shall include the following:

20 (1) A chronology and description of previous ef21 forts undertaken to develop an electronic medical

22 records system capable of maintaining a two-way ex23 change of data between the Department of Defense

24 and the Department of Veterans Affairs.
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1 (2) The plans as of the date of the report, in2 cluding any projected commencement dates, for the

3 implementation of the Composite Health Care Sys4 tem II.

5 (3) A statement of the amounts obligated and

6 expended as of the date of the report on the develop7 ment of a system for the two-way exchange of data

8 between the Department of Defense and the Depart9 ment of Veterans Affairs, including the Composite

10 Health Care System II.

11 (4) An estimate of the amounts that will be re12 quired for the completion of the Composite Health

13 Care System II.

14 (5) A description of the software and hardware

15 being considered as of the date of the report for use

16 in the Composite Health Care System II.

17 (6) A description of the management structure

18 used in the development of the Composite Health

19 Care System II.

20 (7) A description of the accountability measures

21 utilized during the development of the Composite

22 Health Care System II in order to evaluate progress

23 made in the development of that System.

24 (8) The schedule for the remaining development

25 of the Composite Health Care System II.
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1 (c) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate commit3 tees of Congress’’ means—

4 (1) the Committees on Armed Services, Appro5 priations, Veterans’ Affairs, and Health, Education,

6 Labor, and Pensions of the Senate; and

7 (2) the Committees on Armed Services, Appro8 priations, Veterans’ Affairs, and Energy and Com9 merce of the House of Representatives.

10 SEC. 720. RESPONSE TO MEDICAL NEEDS ARISING FROM

11 MANDATORY MILITARY VACCINATIONS.

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

13 maintain a joint military medical center of excellence fo14 cusing on the medical needs arising from mandatory mili15 tary vaccinations.

16 (b) ELEMENTS.—The joint military medical center of

17 excellence under subsection (a) shall consist of the fol18 lowing:

19 (1) The Vaccine Health Care Centers of the

20 Department of Defense, which shall be the principle

21 elements of the center.

22 (2) Any other elements that the Secretary con23 siders appropriate.

24 (c) AUTHORIZED ACTIVITIES.—In acting as the prin25 ciple elements of the joint military medical center under
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1 subsection (a), the Vaccine Health Care Centers referred

2 to in subsection (b)(1) may carry out the following:

3 (1) Medical assistance and care to individuals

4 receiving mandatory military vaccines and their de5 pendents, including long-term case management for

6 adverse events where necessary.

7 (2) Evaluations to identify and treat potential

8 and actual health effects from vaccines before and

9 after their use in the field.

10 (3) The development and sustainment of a long11 term vaccine safety and efficacy registry.

12 (4) Support for an expert clinical advisory

13 board for case reviews related to disability assess14 ment questions.

15 (5) Long-term and short-term studies to iden16 tify unanticipated benefits and adverse events from

17 vaccines.

18 (6) Educational outreach for immunization pro19 viders and those requiring immunizations.

20 (7) The development, dissemination, and valida21 tion of educational materials for Department of De22 fense healthcare workers relating to vaccine safety,

23 efficacy, and acceptability.
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1 SEC. 721. MENTAL HEALTH COUNSELORS UNDER TRICARE.

2 (a) IN GENERAL.—Section 1079(a) of title 10,

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

4 following new paragraph:

5 ‘‘(17) Services of mental health counselors, ex6 cept that—

7 ‘‘(A) such services are limited to services

8 provided by counselors who are licensed under

9 applicable State law to provide mental health

10 services;

11 ‘‘(B) such services may be provided inde12 pendently of medical oversight and supervision

13 only in areas identified by the Secretary as

14 ‘medically underserved areas’ where the Sec15 retary determines that 25 percent or more of

16 the residents are located in primary shortage

17 areas designated pursuant to section 332 of the

18 Public Health Services Act (42 U.S.C. 254e);

19 and

20 ‘‘(C) the provision of such services shall be

21 consistent with such rules as may be prescribed

22 by the Secretary of Defense, including criteria

23 applicable to credentialing or certification of

24 mental health counselors and a requirement

25 that mental health counselors accept payment
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1 under this section as full payment for all serv2 ices provided pursuant to this paragraph.’’.

3 (b) AUTHORITY TO ENTER INTO PERSONAL SERV4 ICES CONTRACTS.—Section 704(c)(2) of the National De5 fense Authorization Act for Fiscal Year 1995 (Public Law

6 103–337; 108 Stat. 2799; 10 U.S.C. 1091 note) is amend7 ed by inserting ‘‘mental health counselors,’’ after ‘‘psy8 chologists,’’.

9 SEC. 722. PANDEMIC AVIAN FLU PREPAREDNESS.

10 (a) REPORT.—The Secretary of Defense shall report

11 to the Committees on Armed Services of the Senate and

12 the House of Representatives efforts within the Depart13 ment of Defense to prepare for pandemic influenza, in14 cluding pandemic avian influenza. The Secretary shall ad15 dress the following, with respect to military and civilian

16 personnel—

17 (1) the procurement of vaccines, antivirals and

18 other medicines, and medical supplies, including per19 sonal protective equipment, particularly those that

20 must be imported;

21 (2) protocols for the allocation and distribution

22 of vaccines and medicines among high priority popu23 lations;

24 (3) public health containment measures that

25 may be implemented on military bases and other fa-
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1 cilities, including quarantine, travel restrictions and

2 other isolation precautions;

3 (4) communication with Department of Defense

4 affiliated health providers about pandemic prepared5 ness and response;

6 (5) surge capacity for the provision of medical

7 care during pandemics;

8 (6) the availability and delivery of food and

9 basic supplies and services;

10 (7) surveillance efforts domestically and inter11 nationally, including those utilizing the Global

12 Emerging Infections Systems (GEIS), and how such

13 efforts are integrated with other ongoing surveillance

14 systems;

15 (8) the integration of pandemic and response

16 planning with those of other Federal departments,

17 including the Department of Health and Human

18 Services, Department of the Veterans Affairs, De19 partment of State, and USAID; and

20 (9) collaboration (as appropriate) with inter21 national entities engaged in pandemic preparedness

22 and response.

23 (b) SUBMISSION OF REPORT.—Not later than 120

24 days after the date of enactment of this Act, the Secretary

25 of Defense shall submit the report to the Committees on
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1 Armed Services of the Senate and the House of Represent2 atives.

3 SEC. 723. COMPTROLLER GENERAL REPORT ON EXPANDED

4 PARTNERSHIP BETWEEN THE DEPARTMENT

5 OF DEFENSE AND THE DEPARTMENT OF VET6 ERANS AFFAIRS ON THE PROVISION OF

7 HEALTH CARE SERVICES.

8 (a) REPORT REQUIRED.—Not later than 180 days

9 after the date of the enactment of this Act, the Comp10 troller General of the United States shall submit to the

11 appropriate committees of Congress a report on the feasi12 bility of an expanded partnership between the Department

13 of Defense and the Department of Veterans Affairs for

14 the provision of health care services.

15 (b) REPORT ELEMENTS.—The report required by

16 subsection (a) shall include the following:

17 (1) An overview of the current health care sys18 tems of the Department of Defense and the Depart19 ment of Veterans Affairs, including—

20 (A) the total number of eligible bene21 ficiaries in each system as of September 30,

22 2005;

23 (B) the total number of current consumers

24 of health care services in each system as of that

25 date;
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1 (C) the total cost of each system in the

2 most recent fiscal year for which complete cost

3 data for both systems exists;

4 (D) the annual workload or production of

5 health care by beneficiary category in each sys6 tem in the most recent fiscal year for which

7 complete data on workload or production of

8 health care for both systems exists;

9 (E) the total cost of health care by bene10 ficiary category in each system in the most re11 cent fiscal year for which complete cost data for

12 both systems exists;

13 (F) the total staffing of medical and ad14 ministrative personnel in each system as of Sep15 tember 30, 2005;

16 (G) the number and location of facilities,

17 including both hospitals and clinics, operated by

18 each system as of that date; and

19 (H) the size, capacity, and production of

20 graduate medical education programs in each

21 system as of that date.

22 (2) A comparative analysis of the characteris23 tics of each health care system, including a deter24 mination and comparative analysis of—

25 (A) the mission of such systems;
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1 (B) the demographic characteristics of the

2 populations served by such systems;

3 (C) the categories of eligibility for health

4 care services in such systems;

5 (D) the nature of benefits available by ben6 eficiary category in such systems;

7 (E) access to and quality of health care

8 services in such systems;

9 (F) the out-of-pocket expenses for health

10 care by beneficiary category in such systems;

11 (G) the structure and methods of financing

12 the care for all categories of beneficiaries in

13 such systems;

14 (H) the management and acquisition of

15 medical equipment and supplies in such sys16 tems, including pharmaceuticals and prosthetic

17 and other medical assistive devices;

18 (I) the mix of health care services available

19 in such systems;

20 (J) the current inpatient and outpatient

21 capacity of such systems; and

22 (K) the human resource systems for med23 ical personnel in such systems, including the

24 rates of compensation for civilian employees.
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1 (3) A summary of current sharing efforts be2 tween the health care systems of the Department of

3 Defense and the Department of Veterans Affairs.

4 (4) An assessment of the advantages and dis5 advantages for military retirees and their dependents

6 participating in the health care system of the De7 partment of Veterans Affairs of an expanded part8 nership between the health care systems of the De9 partment of Defense and the Department of Vet10 erans Affairs, with a separate assessment to be

11 made for—

12 (A) military retirees and dependents under

13 the age of 65; and

14 (B) military retirees and dependents over

15 the age of 65.

16 (5) Projections for the future growth of health

17 care costs for retirees and veterans in the health

18 care systems of the Department of Defense and the

19 Department of Veterans Affairs, including rec20 ommendations on mechanisms to ensure more effec21 tive and higher quality services in the future for

22 military retirees and veterans now served by both

23 systems.

24 (6) Options for means of achieving a more ef25 fective partnership between the health care systems
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1 of the Department of Defense and the Department

2 of Veterans Affairs, including options for the expan3 sion of, and enhancement of access of military retir4 ees and their dependents to, the health care system

5 of the Department of Veterans Affairs.

6 (c) SOLICITATION OF VIEW.—In preparing the report

7 required by subsection (a), the Comptroller General shall

8 seek the views of representatives of military family organi9 zations, military retiree organizations, and organizations

10 representing veterans and their families.

11 (d) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate commit13 tees of Congress’’ means—

14 (1) the Committees on Armed Services and Vet15 erans Affairs’ of the Senate; and

16 (2) the Committees on Armed Services and Vet17 erans Affairs’ of the House of Representatives.

18 SEC. 724. STUDY AND REPORT ON CIVILIAN AND MILITARY

19 PARTNERSHIP PROJECT.

20 (a) STUDY.—The Secretary of Defense shall conduct

21 a study on the feasibility of conducting a military and ci22 vilian partnership project to permit employees of the De23 partment of Defense and of a non-profit health care entity

24 to jointly staff and provide health care services to military
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1 personnel and civilians at a Department of Defense mili2 tary treatment facility.

3 (b) REPORT.—Not later than December 31, 2006,

4 the Secretary of Defense shall submit to the Committee

5 on Armed Services of the Senate and the Committee on

6 Armed Services of the House of Representatives a report

7 on the study required by subsection (a).

8 Subtitle C—Other Matters

9 SEC. 731. REPORT ON ADVERSE HEALTH EVENTS ASSOCI10 ATED WITH USE OF ANTI-MALARIAL DRUGS.

11 (a) STUDY REQUIRED.—

12 (1) IN GENERAL.—The Secretary of Defense

13 shall conduct a study of adverse health events that

14 may be associated with use of anti-malarial drugs,

15 including mefloquine.

16 (2) PARTICIPATION OF CERTAIN RESEARCH17 ERS.—The Secretary shall ensure the participation

18 in the study of epidemiological and clinical research19 ers of the Federal Government outside the Depart20 ment of Defense, and of epidemiological and clinical

21 researchers outside the Federal Government.

22 (b) MATTERS COVERED.—The study required by sub23 section (a) shall include the following:
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1 (1) A comparison of adverse health events that

2 may be associated with different anti-malarial drugs,

3 including mefloquine.

4 (2) An analysis of the extent to which

5 mefloquine may be a risk factor contributing to sui6 cides among members of the Armed Forces.

7 (c) REPORT.—Not later than one year after the date

8 of the enactment of this Act, the Secretary shall submit

9 to the congressional defense committees a report on the

10 study required by subsection (a).

11 SEC. 732. PILOT PROJECTS ON EARLY DIAGNOSIS AND

12 TREATMENT OF POST TRAUMATIC STRESS

13 DISORDER AND OTHER MENTAL HEALTH

14 CONDITIONS.

15 (a) PILOT PROJECTS REQUIRED.—The Secretary of

16 Defense shall carry out not less than three pilot projects

17 to evaluate the efficacy of various approaches to improving

18 the capability of the military and civilian health care sys19 tems to provide early diagnosis and treatment of Post

20 Traumatic Stress Disorder (PTSD) and other mental

21 health conditions.

22 (b) PILOT PROJECT REQUIREMENTS.—

23 (1) MOBILIZATION-DEMOBILIZATION FACIL24 ITY.—
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1 (A) IN GENERAL.—One of the pilot

2 projects under subsection (a) shall be carried

3 out at a military medical facility at a large mili4 tary installation at which the mobilization or

5 demobilization of members of the Armed Forces

6 occurs.

7 (B) ELEMENTS.—The pilot project under

8 this paragraph shall be designed to evaluate

9 and produce effective diagnostic and treatment

10 approaches for use by primary care providers in

11 the military health care system in order to im12 prove the capability of such providers to diag13 nose and treat Post Traumatic Stress Disorder

14 in a manner that avoids the referral of patients

15 to specialty care by a psychiatrist or other men16 tal health professional.

17 (2) NATIONAL GUARD OR RESERVE FACILITY.—

18 (A) IN GENERAL.—One of the pilot

19 projects under subsection (a) shall be carried

20 out at the location of a National Guard or Re21 serve unit or units that are located more than

22 40 miles from a military medical facility and

23 whose personnel are served primarily by civilian

24 community health resources.
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1 (B) ELEMENTS.—The pilot project under

2 this paragraph shall be designed—

3 (i) to evaluate approaches for pro4 viding evidence-based clinical information

5 on Post Traumatic Stress Disorder to civil6 ian primary care providers; and

7 (ii) to develop educational materials

8 and other tools for use by members of the

9 National Guard or Reserve who come into

10 contact with other members of the Na11 tional Guard or Reserve who may suffer

12 from Post Traumatic Stress Disorder in

13 order to encourage and facilitate early re14 porting and referral for treatment.

15 (3) INTERNET-BASED DIAGNOSIS AND TREAT16 MENT.—One of the pilot projects under subsection

17 (a) shall be designed to evaluate—

18 (A) Internet-based automated tools avail19 able to military and civilian health care pro20 viders for the early diagnosis and treatment of

21 Post Traumatic Stress Disorder, and for track22 ing patients who suffer from Post Traumatic

23 Stress Disorder; and

24 (B) Internet-based tools available to family

25 members of members of the Armed Forces in
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1 order to assist such family members in the

2 identification of the emergence of Post Trau3 matic Stress Disorder.

4 (c) REPORT.—Not later than June 1, 2006, the Sec5 retary shall submit to the congressional defense commit6 tees a report on the pilot projects to be carried out under

7 this section. The report shall include a description of each

8 such pilot project, including the location of the pilot

9 projects under paragraphs (2) and (3) of subsection (b),

10 and the scope and objectives of each such pilot project.

11 (d) FUNDING.—

12 (1) IN GENERAL.—(A) The amount authorized

13 to be appropriated by section 303(a) for the Defense

14 Health Program is hereby increased by $10,000,000.

15 (B) Of the amount authorized to be appro16 priated by section 303(a) for the Defense Health

17 Program, as increased by subparagraph (A),

18 $10,000,000 shall be available for pilot projects

19 under this section.

20 (C) The amount available under subparagraph

21 (B) shall remain available until expended.

22 (2) OFFSET.—The amount authorized to be ap23 propriated by section 301(2) for operation and main24 tenance for the Navy is hereby decreased by

25 $10,000,000.
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1 SEC. 733. DEPARTMENT OF DEFENSE TASK FORCE ON MEN2 TAL HEALTH.

3 (a) REQUIREMENT TO ESTABLISH.—The Secretary

4 of Defense shall establish within the Department of De5 fense a task force to examine matters relating to mental

6 health and the Armed Forces.

7 (b) COMPOSITION.—

8 (1) MEMBERS.—The task force shall consist of

9 not more than 14 members appointed by the Sec10 retary of Defense from among individuals described

11 in paragraph (2) who have demonstrated expertise in

12 the area of mental health.

13 (2) RANGE OF MEMBERS.—The individuals ap14 pointed to the task force shall include—

15 (A) at least one member of each of the

16 Army, Navy, Air Force, and Marine Corps; and

17 (B) a number of persons from outside the

18 Department of Defense equal to the total num19 ber of personnel from within the Department of

20 Defense (whether members of the Armed

21 Forces or civilian personnel) who are appointed

22 to the task force.

23 (3) INDIVIDUALS APPOINTED WITHIN DEPART24 MENT OF DEFENSE.—At least one of the individuals

25 appointed to the task force from within the Depart-
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1 ment of Defense shall be the surgeon general of an

2 Armed Force or a designee of such surgeon general.

3 (4) INDIVIDUALS APPOINTED OUTSIDE DEPART4 MENT OF DEFENSE.—(A) Individuals appointed to

5 the task force from outside the Department of De6 fense may include officers or employees of other de7 partments or agencies of the Federal Government,

8 officers or employees of State and governments, or

9 individuals from the private sector.

10 (B) The individuals appointed to the task force

11 from outside the Department of Defense shall

12 include—

13 (i) an officer or employee of the Depart14 ment of Veterans Affairs appointed by the Sec15 retary of Defense in consultation with the Sec16 retary of Veterans Affairs;

17 (ii) an officer or employee of the Substance

18 Abuse and Mental Health Services Administra19 tion of the Department of Health and Human

20 Services appointed by the Secretary of Defense

21 in consultation with the Secretary of Health

22 and Human Services; and

23 (iii) at least two individuals who are rep24 resentatives of—
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1 (I) a mental health policy and advo2 cacy organization; and

3 (II) a national veterans service organi4 zation.

5 (5) DEADLINE FOR APPOINTMENT.—All ap6 pointments of individuals to the task force shall be

7 made not later than 120 days after the date of the

8 enactment of this Act.

9 (6) CO-CHAIRS OF TASK FORCE.—There shall

10 be two co-chairs of the task force. One of the co11 chairs shall be designated by the Secretary of the

12 Defense at the time of appointment from among the

13 Department of Defense personnel appointed to the

14 task force. The other co-chair shall be selected from

15 among the members appointed from outside the De16 partment of Defense by members so appointed.

17 (c) LONG-TERM PLAN ON MENTAL HEALTH SERV18 ICES.—

19 (1) IN GENERAL.—Not later than 12 months

20 after the date on which all members of the task

21 force have been appointed, the task force shall sub22 mit to the Secretary a long-term plan (referred to as

23 a strategic plan) on means by which the Department

24 of Defense shall improve the efficacy of mental
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1 health services provided to members of the Armed

2 Forces by the Department of Defense.

3 (2) UTILIZATION OF OTHER EFFORTS.—In pre4 paring the report, the task force shall take into con5 sideration completed and ongoing efforts by the De6 partment of Defense to improve the efficacy of men7 tal health care provided to members of the Armed

8 Forces by the Department.

9 (3) ELEMENTS.—The long-term plan shall in10 clude an assessment of and recommendations (in11 cluding recommendations for legislative or adminis12 trative action) for measures to improve the fol13 lowing:

14 (A) The awareness of the prevalence of

15 mental health conditions among members of the

16 Armed Forces.

17 (B) The efficacy of existing programs to

18 prevent, identify, and treat mental health condi19 tions among members of the Armed Forces, in20 cluding programs for and with respect to for21 ward-deployed troops.

22 (C) The reduction or elimination of bar23 riers to care, including the stigma associated

24 with seeking help for mental health related con25 ditions, and the enhancement of confidentiality
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1 for members of the Armed Forces seeking care

2 for such conditions.

3 (D) The adequacy of outreach, education,

4 and support programs on mental health matters

5 for families of members of the Armed Forces.

6 (E) The efficacy of programs and mecha7 nisms for ensuring a seamless transition from

8 care of members of the Armed Forces on active

9 duty for mental health conditions through the

10 Department of Defense to care for such condi11 tions through the Department of Veterans Af12 fairs after such members are discharged or re13 leased from military, naval, or air service.

14 (F) The availability of long-term follow-up

15 and access to care for mental health conditions

16 for members of the Individual Ready Reserve,

17 and the Selective Reserve and for discharged,

18 separated, or retired members of the Armed

19 Forces.

20 (G) Collaboration among organizations in

21 the Department of Defense with responsibility

22 for or jurisdiction over the provision of mental

23 health services.

24 (H) Coordination between the Department

25 of Defense and civilian communities, including
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1 local support organizations, with respect to

2 mental health services.

3 (I) The scope and efficacy of curricula and

4 training on mental health matters for com5 manders in the Armed Forces.

6 (J) Such other matters as the task force

7 considers appropriate.

8 (d) ADMINISTRATIVE MATTERS.—

9 (1) COMPENSATION.—Each member of the task

10 force who is a member of the Armed Forces or a ci11 vilian officer or employee of the United States shall

12 serve without compensation (other than compensa13 tion to which entitled as a member of the Armed

14 Forces or an officer or employee of the United

15 States, as the case may be). Other members of the

16 task force shall be treated for purposes of section

17 3161 of title 5, United States Code, as having been

18 appointed under subsection (b) of such section.

19 (2) OVERSIGHT.—The Under Secretary of De20 fense for Personnel and Readiness shall oversee the

21 activities of the task force.

22 (3) ADMINISTRATIVE SUPPORT.—The Wash23 ington Headquarters Services of the Department of

24 Defense shall provide the task force with personnel,

25 facilities, and other administrative support as nec-
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1 essary for the performance of the duties of the task

2 force.

3 (4) ACCESS TO FACILITIES.—The Under Sec4 retary of Defense for Personnel and Readiness shall,

5 in coordination with the Secretaries of the military

6 departments, ensure appropriate access by the task

7 force to military installations and facilities for pur8 poses of the discharge of the duties of the task force.

9 (e) REPORT.—

10 (1) IN GENERAL.—The task force shall submit

11 to the Secretary of Defense a report on its activities

12 under this section. The report shall include—

13 (A) a description of the activities of the

14 task force;

15 (B) the plan required by subsection (c);

16 and

17 (C) such other mattes relating to the ac18 tivities of the task force that the task force con19 siders appropriate.

20 (2) TRANSMITTAL TO CONGRESS.—Not later

21 than 90 days after receipt of the report under para22 graph (1), the Secretary shall transmit the report to

23 the Committees on Armed Services and Veterans’

24 Affairs of the Senate and the House of Representa25 tives. The Secretary may include in the transmittal
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1 such comments on the report as the Secretary con2 siders appropriate.

3 (f) TERMINATION.—The task force shall terminate

4 90 days after the date on which the report of the task

5 force is submitted to Congress under subsection (e)(2).

6 TITLE VIII—ACQUISITION POL7 ICY, ACQUISITION MANAGE8 MENT, AND RELATED MAT9 TERS

10 Subtitle A—Acquisition Policy and

11 Management

12 SEC. 801. INTERNAL CONTROLS FOR PROCUREMENTS ON

13 BEHALF OF THE DEPARTMENT OF DEFENSE.

14 (a) INSPECTOR GENERAL REVIEWS AND DETER15 MINATIONS.—

16 (1) IN GENERAL.—For each non-defense agency

17 of the Federal Government that procured property

18 or services in excess of $100,000,000 on behalf of

19 the Department of Defense during fiscal year 2005,

20 the Inspector General of the Department of Defense

21 and the Inspector General of such non-defense agen22 cy shall, not later than March 15, 2006, jointly—

23 (A) review—

24 (i) the procurement policies, proce25 dures, and internal controls of such non-
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1 defense agency that are applicable to the

2 procurement of property and services on

3 behalf of the Department by such non-de4 fense agency; and

5 (ii) the administration of those poli6 cies, procedures, and internal controls; and

7 (B) determine in writing whether—

8 (i) such non-defense agency is compli9 ant with defense procurement require10 ments;

11 (ii) such non-defense agency is not

12 compliant with defense procurement re13 quirements, but made significant progress

14 during 2005 toward ensuring compliance

15 with defense procurement requirements; or

16 (iii) neither of the conclusions stated

17 in clauses (i) and (ii) is correct in the case

18 of such non-defense agency.

19 (2) ACTIONS FOLLOWING CERTAIN DETERMINA20 TIONS.—If the Inspectors General determine under

21 paragraph (1) that the conclusion stated in clause

22 (ii) or (iii) of subparagraph (B) of such paragraph

23 is correct in the case of a non-defense agency, those

24 Inspectors General shall, not later than March 15,

25 2007, jointly—
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1 (A) conduct a second review, as described

2 in paragraph (1)(A), regarding such non-de3 fense agency’s procurement of property or serv4 ices on behalf of the Department of Defense in

5 fiscal year 2006; and

6 (B) determine in writing whether such

7 non-defense agency is or is not compliant with

8 defense procurement requirements.

9 (b) COMPLIANCE WITH DEFENSE PROCUREMENT

10 REQUIREMENTS.—For the purposes of this section, a non11 defense agency is compliant with defense procurement re12 quirements if such non-defense agency’s procurement poli13 cies, procedures, and internal controls applicable to the

14 procurement of products and services on behalf of the De15 partment of Defense, and the manner in which they are

16 administered, are adequate to ensure such non-defense

17 agency’s compliance with the requirements of laws and

18 regulations that apply to procurements of property and

19 services made directly by the Department of Defense.

20 (c) MEMORANDA OF UNDERSTANDING BETWEEN IN21 SPECTORS GENERAL.—

22 (1) IN GENERAL.—Not later than 30 days after

23 the date of the enactment of this Act, the Inspector

24 General of the Department of Defense and the In25 spector General of each non-defense agency referred
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1 to in subsection (a) shall enter into a memorandum

2 of understanding with each other to carry out the

3 reviews and make the determinations required by

4 this section.

5 (2) SCOPE OF MEMORANDA.—The Inspector

6 General of the Department of Defense and the In7 spector General of a non-defense agency may by mu8 tual agreement conduct separate reviews of the pro9 curement of property and services on behalf of the

10 Department of Defense that are conducted by sepa11 rate business units, or under separate government12 wide acquisition contracts, of such non-defense agen13 cy. In any case where such separate reviews are con14 ducted, the Inspectors General shall make separate

15 determinations under paragraphs (1) and (2) of sub16 section (a), as applicable, with respect to each such

17 separate review.

18 (d) LIMITATIONS ON PROCUREMENTS ON BEHALF OF

19 DEPARTMENT OF DEFENSE.—

20 (1) LIMITATION DURING REVIEW PERIOD.—

21 After March 15, 2006, and before March 16, 2007,

22 no official of the Department of Defense may, except

23 as provided in subsection (e) or (f), order, purchase,

24 or otherwise procure property or services in an

25 amount in excess of $100,000 through a non-defense
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1 agency for which a determination described in para2 graph (1)(B)(iii) of subsection (a) has been made

3 under that subsection.

4 (2) LIMITATION AFTER REVIEW PERIOD.—After

5 March 15, 2007, no official of the Department of

6 Defense may, except as provided in subsection (e) or

7 (f), order, purchase, or otherwise procure property

8 or services in an amount in excess of $100,000

9 through a non-defense agency that, having been sub10 ject to review under this section, has not been deter11 mined under this section as being compliant with de12 fense procurement requirements.

13 (e) EXCEPTION FROM APPLICABILITY OF LIMITA14 TIONS.—

15 (1) EXCEPTION.—No limitation applies under

16 subsection (d) with respect to the procurement of

17 property and services on behalf of the Department

18 of Defense by a particular non-defense agency dur19 ing any period that there is in effect a determination

20 of the Under Secretary of Defense for Acquisition,

21 Technology, and Logistics, made in writing, that it

22 is necessary in the interest of the Department of De23 fense to continue to procure property and services

24 through such non-defense agency.
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1 (2) APPLICABILITY OF DETERMINATION.—A

2 written determination with respect to a non-defense

3 agency under paragraph (1) is in effect for the pe4 riod, not in excess of one year, that the Under Sec5 retary of Defense for Acquisition, Technology, and

6 Logistics shall specify in the written determination.

7 The Under Secretary may extend from time to time,

8 for up to one year at a time, the period for which

9 the written determination remains in effect.

10 (f) TERMINATION OF APPLICABILITY OF LIMITA11 TIONS.—Subsection (d) shall cease to apply to a non-de12 fense agency on the date on which the Inspector General

13 of the Department of Defense and the Inspector General

14 of that agency jointly—

15 (1) determine that such non-defense agency is

16 compliant with defense procurement requirements;

17 and

18 (2) notify the Secretary of Defense of that de19 termination.

20 (g) IDENTIFICATION OF PROCUREMENTS MADE

21 DURING A PARTICULAR FISCAL YEAR.—For the purposes

22 of subsection (a), a procurement shall be treated as being

23 made during a particular fiscal year to the extent that

24 funds are obligated by the Department of Defense for that

25 procurement in that fiscal year.
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1 (h) INAPPLICABILITY TO CERTAIN GSA CON2 TRACTS.—This section does not apply as follows:

3 (1) To Client Support Centers of the Federal

4 Technology Service of the General Services Adminis5 tration, which are subject to review under section

6 802 of the Ronald W. Reagan National Defense Au7 thorization Act for Fiscal Year 2005 (Public Law

8 108–375; 118 Stat. 2004; 10 U.S.C. 2302).

9 (2) To any purchase through the multiple

10 award schedules established by the Administrator of

11 General Services, as described in section 2302(2)(C)

12 of title 10, United States Code, unless such pur13 chase is made through—

14 (A) a non-defense agency other than the

15 General Services Administration; or

16 (B) a business unit of the General Services

17 Administration that is not responsible for ad18 ministering the multiple award schedules pro19 gram.

20 (i) DEFINITIONS.—In this section:

21 (1) The term ‘‘non-defense agency’’ means a

22 department or agency of the Federal Government

23 outside the Department of Defense, except as ex24 cluded under subsection (h).
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1 (2) The term ‘‘governmentwide acquisition con2 tract’’, with respect to a non-defense agency, means

3 a task or delivery order contract that—

4 (A) is entered into by the non-defense

5 agency; and

6 (B) may be used as the contract under

7 which property or services are procured for one

8 or more other departments or agencies of the

9 Federal Government.

10 SEC. 802. CONTRACT SUPPORT ACQUISITION CENTERS.

11 (a) ESTABLISHMENT.—

12 (1) ORGANIZATION; DUTIES.—Subchapter I of

13 chapter 8 of title 10, United States Code, is amend14 ed by adding at the end the following new section:

15 ‘‘§ 197. Contract Support Acquisition Centers

16 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of De17 fense shall establish within the Defense Logistics Agency

18 a Defense Contract Support Acquisition Center.

19 ‘‘(2) The Secretary of each military department shall

20 establish a Contract Support Acquisition Center for that

21 military department.

22 ‘‘(b) DIRECTOR.—(1) The Director of a Contract

23 Support Acquisition Center is the head of the Center.
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1 ‘‘(2)(A) The Secretary of Defense shall appoint the

2 Director of the Defense Contract Support Acquisition

3 Center.

4 ‘‘(B) The Secretary of a military department shall

5 appoint the Director of the Contract Support Acquisition

6 Center of that department.

7 ‘‘(3) The Director of a Contract Support Acquisition

8 Center shall be selected from among commissioned officers

9 of the armed forces on active duty and senior civilian offi10 cers and employees of the Department of Defense who

11 have substantial experience in the acquisition of contract

12 services.

13 ‘‘(c) DUTIES REGARDING ACQUISITIONS.—(1)(A)

14 The Director of the Defense Contract Support Acquisition

15 Center shall act as the executive agent within the Depart16 ment of Defense for each acquisition of contract services

17 in excess of the simplified acquisition threshold for the De18 partment of Defense, other than an acquisition referred

19 to in subparagraph (B).

20 ‘‘(B) The Director of the Contract Support Acquisi21 tion Center of a military department shall act as the exec22 utive agent within that military department for each ac23 quisition of contract services in excess of the simplified

24 acquisition threshold for such military department.
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1 ‘‘(2) In carrying out paragraph (1), the Director of

2 a Center shall—

3 ‘‘(A) develop and maintain policies, procedures,

4 and best practices guidelines addressing the acquisi5 tion of contract services for the Secretary appointing

6 the Director, including policies, procedures, and best

7 practices guidelines for—

8 ‘‘(i) acquisition planning;

9 ‘‘(ii) solicitation and contract award;

10 ‘‘(iii) requirements development and man11 agement;

12 ‘‘(iv) contract tracking and oversight;

13 ‘‘(v) performance evaluation; and

14 ‘‘(vi) risk management;

15 ‘‘(B) assign responsibility for carrying out the

16 acquisition of contract services to employees of the

17 Center and other appropriate organizational ele18 ments under the jurisdiction of that Secretary;

19 ‘‘(C) dedicate fulltime commodity managers to

20 coordinate the acquisition of key categories of serv21 ices;

22 ‘‘(D) ensure that contract services being ac23 quired to meet the Secretary’s requirements for

24 those services are acquired by means of a contract,

25 or a task or delivery order, that—
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1 ‘‘(i) is in the best interests of the Depart2 ment of Defense or, in the case of the Director

3 of the Center for a military department, the

4 best interests of that military department; and

5 ‘‘(ii) is entered into or issued, and is man6 aged, in compliance with applicable laws, regu7 lations, and directives, and other applicable re8 quirements;

9 ‘‘(E) ensure that competitive procedures and

10 performance-based contracting are used to the max11 imum extent practicable for the acquisition of con12 tract services for that Secretary; and

13 ‘‘(F) monitor data collection under section

14 2330a of this title and periodically conduct a spend15 ing analysis to ensure that funds expended for the

16 acquisition of contract services for the Secretary are

17 being expended in the most rational and economical

18 manner practicable.

19 ‘‘(d) DUTIES REGARDING ACQUISITION PER20 SONNEL.—The Directors of the Contract Support Acquisi21 tion Centers shall work with appropriate officials of the

22 Department of Defense—

23 ‘‘(1) to identify the critical skills and com24 petencies needed to carry out the acquisition of con-
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1 tract services on behalf of the Department of De2 fense; and

3 ‘‘(2) to develop a comprehensive strategy for re4 cruiting, training, and deploying employees to meet

5 the requirements for those skills and competencies.

6 ‘‘(e) SCOPE OF AUTHORITY.—The authority of the

7 Director of a Contract Support Acquisition Center under

8 this section applies to acquisitions in excess of the sim9 plified acquisition threshold.

10 ‘‘(f) EXCLUSIVITY OF AUTHORITY.—(1) After Sep11 tember 30, 2009, no officer or employee of the Federal

12 Government outside the Defense Contract Support Acqui13 sition Center may, without the prior written approval of

14 the Director of the Center or the Secretary of Defense,

15 engage in a procurement action for the acquisition of con16 tract services for the Department of Defense that is valued

17 in excess of the simplified acquisition threshold, other than

18 a procurement action covered by paragraph (2).

19 ‘‘(2) After September 30, 2009, no officer or em20 ployee of the Federal Government outside the Contract

21 Support Acquisition Center of a military department may,

22 without the prior written approval of the Director of the

23 Center, the Secretary of Defense, or the Secretary of that

24 military department, engage in a procurement action for

25 the acquisition of contract services for that military de-
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1 partment that is valued in excess of the simplified acquisi2 tion threshold.

3 ‘‘(3) In this subsection, the term ‘procurement action’

4 includes the following actions:

5 ‘‘(A) Entry into a contract or any other form

6 of agreement.

7 ‘‘(B) Issuance of a task order, delivery order, or

8 military interdepartmental purchase request.

9 ‘‘(g) STAFF AND SUPPORT.—(1) The Secretary ap10 pointing the Director of a Contract Support Acquisition

11 Center shall ensure that the Director of the Center is pro12 vided a staff and administrative support that are adequate

13 for the Director to perform the duties of the position

14 under this section effectively.

15 ‘‘(2) The Secretary of Defense may transfer to the

16 Defense Contract Support Acquisition Center any per17 sonnel within the Department of Defense whose principal

18 duty is the acquisition of contract services for the Depart19 ment of Defense.

20 ‘‘(3) The Secretary of a military department may

21 transfer to the Contract Support Acquisition Center of

22 that military department any personnel within such mili23 tary department whose principal duty is the acquisition

24 of contract services for that military department.
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1 ‘‘(h) TRANSFERS OF NONDEFENSE ORGANIZA2 TIONS.—(1) Except as provided in paragraph (5), the Sec3 retary of Defense may accept from the head of a depart4 ment or agency outside the Department of Defense a

5 transfer to any of the Contract Support Acquisition Cen6 ters of all or part of any organizational unit of such other

7 department or agency that is primarily engaged in the ac8 quisition of contract services if, during the most recent

9 year for which data are available before such transfer,

10 more than 50 percent of the contract services acquired by

11 such organizational unit (determined on the basis of cost)

12 were acquired on behalf of the Department of Defense.

13 ‘‘(2) The head of a department or agency outside the

14 Department of Defense may transfer in accordance with

15 this section an organizational unit that is authorized to

16 be accepted under paragraph (1).

17 ‘‘(3) A transfer under this subsection may be made

18 and accepted only pursuant to a memorandum of under19 standing that is entered into by the head of the depart20 ment or agency making the transfer and the Secretary of

21 Defense.

22 ‘‘(4) A transfer of an organizational unit under this

23 section shall include the transfer of the personnel of such

24 organizational unit, the assets of such organizational unit,

25 and the contracts of such organizational unit, to the extent
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1 provided in the memorandum of understanding governing

2 the transfer of the unit.

3 ‘‘(5) This section does not authorize a transfer of the

4 multiple award schedule program of the General Services

5 Administration described in section 2302(2)(C) of this

6 title.

7 ‘‘(i) SIMPLIFIED ACQUISITION THRESHOLD.—In this

8 section, the term ‘simplified acquisition threshold’ has the

9 meaning given that term in section 2302(7) of this title.’’.

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such subchapter is amend12 ed by adding at the end the following new item:

‘‘197. Contract Support Acquisition Centers.’’.

13 (b) IMPLEMENTATION.—

14 (1) PHASED IMPLEMENTATION OF DIRECTOR’S

15 AUTHORITY TO ACT AS EXECUTIVE AGENT.—Not16 withstanding subsections (c)(1) and (e) of section

17 197 of title 10, United States Code (as added by

18 subsection (a)), the authority of the Director of a

19 Contract Support Acquisition Center to act under

20 such section as executive agent for acquisitions of

21 contract services before October 1, 2009, applies

22 only with respect to—

23 (A) contracts in excess of $10,000,000

24 that are entered into after September 30, 2006,

25 and before October 1, 2009; and
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1 (B) any other acquisitions of contract serv2 ices that, as designated by the Secretary who

3 appointed the Director, are to be carried out for

4 that Secretary by the Director.

5 (2) PROCUREMENT MANAGEMENT STRUC6 TURE.—The Secretary of Defense shall implement

7 section 2330 of title 10, United States Code (relat8 ing to a management structure for the procurement

9 of services for the Department of Defense), by desig10 nating each Director of the Contract Support Acqui11 sition Center appointed under section 197 of such

12 title (as added by subsection (a)) to act as executive

13 agent for the management of the procurements of

14 services carried out for the Secretary appointing

15 such Director with respect to—

16 (A) all contracts in excess of $10,000,000

17 that are entered into after September 30, 2006,

18 and before October 1, 2009; and

19 (B) all contracts in excess of the simplified

20 acquisition threshold (as defined in section

21 2302(7) of such title) that are entered into

22 after September 30, 2009.

23 (3) COMPLIANCE WITH CERTAIN PUBLIC LAW

24 108–375 REQUIREMENTS.—For compliance with the

25 requirements of section 854 of the Ronald W.
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1 Reagan National Defense Authorization Act for Fis2 cal Year 2005 (Public Law 108–375; 118 Stat.

3 2022, 10 U.S.C. 2304 note), the Secretary con4 cerned shall designate the Director of the Contract

5 Support Acquisition Center appointed by that Sec6 retary to act as the executive agent of that Secretary

7 to review and approve the use of a contract for the

8 acquisition of contract services that—

9 (A) is entered into after September 30,

10 2006, by a department or agency outside the

11 Department of Defense; and

12 (B) if entered into—

13 (i) before October 1, 2009, is valued

14 in excess of $10,000,000; or

15 (ii) after September 30, 2009, is val16 ued in excess of the simplified acquisition

17 threshold (as defined in section 2302(7) of

18 title 10, United States Code).

19 (4) SECRETARY CONCERNED DEFINED.—In

20 paragraph (3), the term ‘‘Secretary concerned’’

21 means the head of an agency named in subsection

22 (f)(1) of section 854 of the Ronald W. Reagan Na23 tional Defense Authorization Act for Fiscal Year

24 2005 (Public Law 108–375; 118 Stat. 2022; 10

25 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 SEC. 807. REPORTS ON SIGNIFICANT INCREASES IN PRO4 GRAM ACQUISITION UNIT COSTS OR PRO5 CUREMENT UNIT COSTS OF MAJOR DEFENSE

6 ACQUISITION PROGRAMS.

7 (a) INITIAL REPORT REQUIRED.—Not later than 90

8 days after the date of the enactment of this Act, the Sec9 retary of Defense shall submit to the congressional defense

10 committees a report on the acquisition status of each

11 major defense acquisition program whose program acquisi12 tion unit cost or procurement unit cost, as of the date

13 of the enactment of this Act, has exceeded by more than

14 50 percent the original baseline projection for such unit

15 cost. The report shall include the information specified in

16 subsection (c).

17 (b) INFORMATION.—The information specified in this

18 subsection with respect to a major defense acquisition pro19 gram is the following:

20 (1) An assessment of the costs to be incurred

21 to complete the program if the program is not modi22 fied.

23 (2) An explanation of why the costs of the pro24 gram have increased.
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1 (3) A justification for the continuation of the

2 program notwithstanding the increase in costs.

3 (c) MAJOR DEFENSE ACQUISITION PROGRAM DE4 FINED.—In this section, the term ‘‘major defense acquisi5 tion program’’ has the meaning given that term in section

6 2430 of title 10, United States Code.

7 SEC. 808. MODIFICATION OF REQUIREMENTS APPLICABLE

8 TO CONTRACTS AUTHORIZED BY LAW FOR

9 CERTAIN MILITARY MATERIEL.

10 (a) INCLUSION OF COMBAT VEHICLES UNDER RE11 QUIREMENTS.—Section 2401 of title 10, United States

12 Code, is amended—

13 (1) by striking ‘‘vessel or aircraft’’ each place it

14 appears and inserting ‘‘vessel, aircraft, or combat

15 vehicle’’;

16 (2) in subsection (c), by striking ‘‘aircraft or

17 naval vessel’’ each place it appears and inserting

18 ‘‘aircraft, naval vessel, or combat vehicle’’;

19 (3) in subsection (e), by striking ‘‘aircraft or

20 naval vessels’’ each place it appears and inserting

21 ‘‘aircraft, naval vessels, or combat vehicle’’; and

22 (4) in subsection (f)—

23 (A) by striking ‘‘aircraft and naval vessels’’

24 and inserting ‘‘aircraft, naval vessels, and com25 bat vehicle’’; and
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1 (B) by striking ‘‘such aircraft and vessels’’

2 and inserting ‘‘such aircraft, vessels, and com3 bat vehicle’’.

4 (b) ADDITIONAL INFORMATION FOR CONGRESS.—

5 Subsection (b) of such section is amended—

6 (1) in paragraph (1)—

7 (A) in subparagraph (B), by striking

8 ‘‘and’’ at the end;

9 (B) in subparagraph (C), by striking the

10 period at the end and inserting ‘‘; and’’; and

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

12 subparagraph:

13 ‘‘(D) the Secretary has certified to those

14 committees—

15 ‘‘(i) that entering into the proposed con16 tract as a means of obtaining the vessel, air17 craft, or combat vehicle is the most cost-effec18 tive means of obtaining such vessel, aircraft, or

19 combat vehicle; and

20 ‘‘(ii) that the Secretary has determined

21 that the lease complies with all applicable laws,

22 Office of Management and Budget circulars,

23 and Department of Defense regulations.’’; and

24 (2) by adding at the end the following new

25 paragraphs:
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1 ‘‘(3) Upon receipt of a notice under paragraph

2 (1)(C), a committee identified in paragraph (1)(B)

3 may request the Inspector General of the Depart4 ment of Defense or the Comptroller General of the

5 United States to conduct a review of the proposed

6 contract to determine whether or not such contract

7 meets the requirements of this section.

8 ‘‘(4) If a review is requested under paragraph

9 (3), the Inspector General of the Department of De10 fense or the Comptroller General of the United

11 States, as the case may be, shall submit to the Sec12 retary and the congressional defense committees a

13 report on such review before the expiration of the

14 period specified in paragraph (1)(C).’’.

15 (c) APPLICABILITY OF ACQUISITION REGULA16 TIONS.—Such section is further amended—

17 (1) by redesignating subsection (f) as sub18 section (g); and

19 (2) by inserting after subsection (e) the fol20 lowing new subsection (f):

21 ‘‘(f)(1) If a lease or charter covered by this section

22 is a capital lease or a lease-purchase—

23 ‘‘(A) the lease or charter shall be treated as an

24 acquisition and shall be subject to all applicable stat25 utory and regulatory requirements for the acquisi-
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1 tion of aircraft, naval vessels, or combat vehicles;

2 and

3 ‘‘(B) funds appropriated to the Department of

4 Defense for operation and maintenance may not be

5 obligated or expended for the lease or charter.

6 ‘‘(2) In this subsection, the terms ‘capital lease’ and

7 ‘lease-purchase’ have the meanings given those terms in

8 Appendix B to Office of Management and Budget Circular

9 A–11, as in effect on the date of the enactment of the

10 National Defense Authorization Act for Fiscal Year

11 2006.’’.

12 (d) CONFORMING AND CLERICAL AMENDMENTS.—

13 (1) The heading of such section is amended to

14 read as follows:

15 ‘‘§ 2401. Requirement for authorization by law of cer16 tain contracts relating to vessels, aircraft,

17 and combat vehicles’’.

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

19 chapter 141 of such title is amended by striking the

20 item relating to section 2401 and inserting the fol21 lowing new item:

‘‘Sec. 2401. Requirement for authorization by law of certain contracts relating

to vessels, aircraft, and combat vehicles.’’.
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1 SEC. 809. REQUIREMENT FOR ANALYSIS OF ALTERNATIVES

2 FOR MAJOR DEFENSE ACQUISITION PRO3 GRAMS.

4 (a) REQUIREMENT.—

5 (1) IN GENERAL.—Chapter 144 of title 10,

6 United States Code, is amended by inserting after

7 section 2431 the following new section:

8 ‘‘§ 2431a. Major defense acquisition programs: re9 quirement for analysis of alternatives

10 ‘‘(a) No major defense acquisition program may be

11 commenced before the completion of an analysis of alter12 natives with respect to such program.

13 ‘‘(b) For the purposes of this section, a major defense

14 acquisition program is commenced when the milestone de15 cision authority approves entry of the program into the

16 first phase of the acquisition process applicable to the pro17 gram.’’.

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 144 of such title

20 is amended by inserting after the item relating to

21 section 2431 the following new item:

‘‘2431a. Major defense acquisition programs: requirement for analysis of alternatives.’’.

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

23 subsection (a) shall take effect on the date of the enact24 ment of this Act, and shall apply with respect to major
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1 defense acquisition programs commenced on or after that

2 date.

3 SEC. 809A. REPORT ON USE OF LEAD SYSTEM INTEGRA4 TORS IN THE ACQUISITION OF MAJOR SYS5 TEMS.

6 (a) REPORT REQUIRED.—Not later than 90 days

7 after the date of the enactment of this Act, the Secretary

8 of Defense shall submit to the congressional defense com9 mittees a report on the use of lead system integrators for

10 the acquisition by the Department of Defense of major

11 systems.

12 (b) CONTENTS.—The report required by subsection

13 (a) shall include a detailed description of the actions taken

14 (including a specific timetable), or to be taken, and the

15 current regulations and guidelines regarding—

16 (1) the definition of the respective rights of the

17 Department of Defense, lead system integrators, and

18 other contractors that participate in the development

19 or production of any individual element of the major

20 weapon system (including subcontractors under lead

21 system integrators) in intellectual property that is

22 developed by the other participating contractors in a

23 manner that ensures that—

24 (A) the Department of Defense obtains ap25 propriate rights in technical data developed by
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1 the other participating contractors in accord2 ance with the requirements of section 2320 of

3 title 10, United States Code; and

4 (B) lead system integrators obtain access

5 to technical data developed by the other partici6 pating contractors only to the extent necessary

7 to execute their contractual obligations as lead

8 systems integrators;

9 (2) the prevention or mitigation of organiza10 tional conflicts of interest on the part of lead system

11 integrators;

12 (3) the prevention of the performance by lead

13 system integrators of functions closely associated

14 with inherently governmental functions;

15 (4) the appropriate use of competitive proce16 dures in the award of subcontracts by lead system

17 integrators with system responsibility;

18 (5) the prevention of organizational conflicts of

19 interest arising out of any financial interest of lead

20 system integrators without system responsibility in

21 the development or production of individual elements

22 of a major weapon system; and

23 (6) the prevention of pass-through charges by

24 lead system integrators with system responsibility on

25 systems or subsystems developed or produced under
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1 subcontracts where such lead system integrators do

2 not provide significant value added with regard to

3 such systems or subsystems.

4 (c) DEFINITIONS.—In this section:

5 (1) The term ‘‘lead system integrator’’ includes

6 lead system integrators with system responsibility

7 and lead system integrators without system responsi8 bility.

9 (2) The term ‘‘lead system integrator with sys10 tem responsibility’’ means a prime contractor for the

11 development or production of a major system if the

12 prime contractor is not expected at the time of

13 award, as determined by the Secretary of Defense

14 for purposes of this section, to perform a substantial

15 portion of the work on the system and the major

16 subsystems.

17 (3) The term ‘‘lead system integrator without

18 system responsibility’’ means a contractor under a

19 contract for the procurement of services whose pri20 mary purpose is to perform acquisition functions

21 closely associated with inherently governmental func22 tions with regard to the development or production

23 of a major system.
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1 (4) The term ‘‘major system’’ has the meaning

2 given such term in section 2302d of title 10, United

3 States Code.

4 (5) The term ‘‘pass-through charge’’ means a

5 charge for overhead or profit on work performed by

6 a lower-tier contractor (other than charges for the

7 direct costs of managing lower-tier contracts and

8 overhead and profit based on such direct costs) that

9 does not, as determined by the Secretary for pur10 poses of this section, promote significant value

11 added with regard to such work.

12 (6) The term ‘‘functions closely associated with

13 inherently governmental functions’’ has the meaning

14 given such term in section 2383(b)(3) of title 10,

15 United States Code.

16 SEC. 809B. ACQUISITION STRATEGY FOR COMMERCIAL SAT17 ELLITE COMMUNICATION SERVICES.

18 (a) REQUIREMENT FOR SPEND ANALYSIS.—The Sec19 retary of Defense shall, as a part of the effort of the De20 partment of Defense to develop a revised strategy for ac21 quiring commercial satellite communication services, per22 form a complete spend analysis of the past and current

23 acquisitions by the Department of commercial satellite

24 communication services.

25 (b) REPORT ON ACQUISITION STRATEGY.—
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1 (1) IN GENERAL.—Not later than six months

2 after the date of the enactment of this Act, the Sec3 retary shall submit to Congress a report on the ac4 quisition strategy of the Department of Defense for

5 commercial satellite communications services.

6 (2) ELEMENTS.—The report required by para7 graph (1) shall include the following:

8 (A) A description of the spend analysis re9 quired by subsection (a), including the results

10 of the analysis.

11 (B) The proposed strategy of the Depart12 ment for acquiring commercial satellite commu13 nication services, which strategy shall—

14 (i) be based in appropriate part on

15 the results of the analysis required by sub16 section (a); and

17 (ii) take into account various methods

18 of aggregating purchases and leveraging

19 the purchasing power of the Department,

20 including through the use of multiyear con21 tracting for commercial satellite commu22 nication services.

23 (C) A proposal for such legislative action

24 as the Secretary considers necessary to acquire

25 appropriate types and amounts of commercial
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1 satellite communications services using methods

2 of aggregating purchases and leveraging the

3 purchasing power of the Department (including

4 the use of multiyear contracting), or if the use

5 of such methods is determined inadvisable, a

6 statement of the rationale for such determina7 tion.

8 (D) A proposal for such other legislative

9 action that the Secretary considers necessary to

10 implement the strategy of the Department for

11 acquiring commercial satellite communication

12 services.

13 SEC. 809C. GUIDANCE ON USE OF TIERED EVALUATION OF

14 OFFERS FOR CONTRACTS AND TASK ORDERS

15 UNDER CONTRACTS.

16 (a) GUIDANCE REQUIRED.—The Secretary of De17 fense shall prescribe guidance for the military departments

18 and the Defense Agencies on the use of tiered evaluations

19 of offers or proposals of offerors for contracts and for task

20 orders under contracts.

21 (b) ELEMENTS.—The guidance prescribed under sub22 section (a) shall include a prohibition on the initiation by

23 a contracting officer of a tiered evaluation of an offer or

24 proposal of an offeror for a contract or for a task or deliv25 ery order under a contract unless the contracting officer—
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1 (1) has conducted market research in accord2 ance with part 10 of the Federal Acquisition Regula3 tion in order to determine whether or not a suffi4 cient number of qualified small businesses are avail5 able to justify limiting competition for the award of

6 such contract or task or delivery order under appli7 cable law and regulations;

8 (2) is unable, after conducting market research

9 under paragraph (1), to make the determination de10 scribed in that paragraph; and

11 (3) includes in the contract file a written expla12 nation why such contracting officer was unable to

13 make such determination.

14 SEC. 809D. CONGRESSIONAL NOTIFICATION OF CANCELLA15 TION OF MAJOR AUTOMATED INFORMATION

16 SYSTEMS.

17 (a) REPORT REQUIRED.—The Secretary of Defense

18 shall notify the congressional defense committees not less

19 than 60 days before cancelling a major automated infor20 mation system program that has been fielded or approved

21 to be fielded, or making a change that will significantly

22 reduce the scope of such a program, of the proposed can23 cellation or change.
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1 (b) CONTENT.—Each notification submitted under

2 subsection (a) with respect to the proposed cancellation

3 or change shall include—

4 (1) the specific justification for the proposed

5 change;

6 (2) a description of the impact of the proposed

7 change on the Department’s ability to achieve the

8 objectives of the program that has been cancelled or

9 changed;

10 (3) a description of the steps that the Depart11 ment plans to take to achieve such objectives; and

12 (4) other information relevant to the change in

13 acquisition strategy.

14 (c) DEFINITIONS.—In this section:

15 (1) The term ‘‘major automated information

16 system’’ has the meaning given that term in Depart17 ment of Defense directive 5000.1.

18 (2) The term ‘‘approved to be fielded’’ means

19 having received Milestone C approval.

20 SEC. 809E. TEMPORARY INAPPLICABILITY OF BERRY

21 AMENDMENT TO PROCUREMENTS OF SPE22 CIALTY METALS USED TO PRODUCE FORCE

23 PROTECTION EQUIPMENT.

24 (a) IN GENERAL.—Section 2533a(a) of title 10,

25 United States Code, shall not apply to the procurement,
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1 during the 2-year period beginning on the date of the en2 actment of this Act, of specialty metals if such specialty

3 metals are used to produce force protection equipment

4 needed to prevent combat fatalities in Iraq or Afghanistan.

5 (b) TREATMENT OF PROCUREMENTS WITHIN PE6 RIOD.—For the purposes of subsection (a), a procurement

7 shall be treated as being made during the 2-year period

8 described in that subsection to the extent that funds are

9 obligated by the Department of Defense for that procure10 ment during that period.

11 SEC. 809F. PUBLIC-PRIVATE COMPETITION FOR WORK PER12 FORMED BY CIVILIAN EMPLOYEES OF THE

13 DEPARTMENT OF DEFENSE.

14 (a) LIMITATION.—Section 2461(b) of title 10, United

15 States Code, is amended by adding at the end the fol16 lowing new paragraph:

17 ‘‘(5)(A) Notwithstanding subsection (d), a function

18 of the Department of Defense performed by 10 or more

19 civilian employees may not be converted, in whole or in

20 part, to performance by a contractor unless the conversion

21 is based on the results of a public-private competition

22 process that—

23 ‘‘(i) formally compares the cost of civilian em24 ployee performance of that function with the costs of

25 performance by a contractor;
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1 ‘‘(ii) creates an agency tender, including a most

2 efficient organization plan, in accordance with Office

3 of Management and Budget Circular A–76, as im4 plemented on May 29, 2003; and

5 ‘‘(iii) requires continued performance of the

6 function by civilian employees unless the competitive

7 sourcing official concerned determines that, over all

8 performance periods stated in the solicitation of of9 fers for performance of the activity or function, the

10 cost of performance of the activity or function by a

11 contractor would be less costly to the Department of

12 Defense by an amount that equals or exceeds the

13 lesser of $10,000,000 or 10 percent of the most effi14 cient organization’s personnel-related costs for per15 formance of that activity or function by Federal em16 ployees.

17 ‘‘(B) Any function that is performed by civilian em18 ployees of the Department of Defense and is proposed to

19 be reengineered, reorganized, modernized, upgraded, ex20 panded, or changed in order to become more efficient shall

21 not be considered a new requirement for the purpose of

22 the competition requirements in subparagraph (A) or the

23 requirements for public-private competition in Office of

24 Management and Budget Circular A–76.
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1 ‘‘(C) A function performed by more than 10 Federal

2 Government employees may not be separated into separate

3 functions for the purposes of avoiding the competition re4 quirement in subparagraph (A) or the requirements for

5 public-private competition in Office of Management and

6 Budget Circular A–76.

7 ‘‘(D) The Secretary of Defense may waive the re8 quirement for a public-private competition under subpara9 graph (A) in specific instances if—

10 ‘‘(i) the written waiver is prepared by the Sec11 retary of Defense or the relevant Assistant Secretary

12 of Defense, Secretary of a military department, or

13 head of a Defense Agency;

14 ‘‘(ii) the written waiver is accompanied by a de15 tailed determination that national security interests

16 preclude compliance with the requirement for a pub17 lic-private competition; and

18 ‘‘(iii) a copy of the waiver is published in the

19 Federal Register within 10 working days after the

20 date on which the waiver is granted, although use of

21 the waiver need not be delayed until its publica22 tion.’’.

23 (b) INAPPLICABILITY TO BEST-VALUE SOURCE SE24 LECTION PILOT PROGRAM.—Paragraph (5) of section

25 2461(b) of title 10, United States Code, as added by sub-
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1 section (a), shall not apply with respect to the pilot pro2 gram for best-value source selection for performance of in3 formation technology services authorized by section 336

4 of the National Defense Authorization Act for Fiscal Year

5 2004 (Public Law 108–136; 117 Stat. 1444; 10 U.S.C.

6 2461 note).

7 (c) REPEAL OF SUPERSEDED LAW.—Section 327 of

8 the Ronald W. Reagan National Defense Authorization

9 Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C.

10 2461 note) is repealed.

11 SEC. 809G. PERFORMANCE OF CERTAIN WORK BY FEDERAL

12 GOVERNMENT EMPLOYEES.

13 (a) GUIDELINES.—

14 (1) IN GENERAL.—The Secretary of Defense

15 shall prescribe guidelines and procedures for ensur16 ing that consideration is given to using Federal Gov17 ernment employees on a regular basis for work that

18 is performed under Department of Defense contracts

19 and could be performed by Federal Government em20 ployees.

21 (2) CRITERIA.—The guidelines and procedures

22 prescribed under paragraph (1) shall provide for

23 special consideration to be given to contracts that—
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1 (A) have been performed by Federal Gov2 ernment employees at any time on or after Oc3 tober 1, 1980;

4 (B) are associated with the performance of

5 inherently governmental functions;

6 (C) were not awarded on a competitive

7 basis; or

8 (D) have been determined by a contracting

9 officer to be poorly performed due to excessive

10 costs or inferior quality.

11 (b) NEW REQUIREMENTS.—

12 (1) LIMITATION ON REQUIRING PUBLIC-PRI13 VATE COMPETITION.—No public-private competition

14 may be required under Office of Management and

15 Budget Circular A–76 or any other provision of law

16 or regulation before the performance of a new re17 quirement by Federal Government employees com18 mences, the performance by Federal Government

19 employees of work pursuant to subsection (a) com20 mences, or the scope of an existing activity per21 formed by Federal Government employees is ex22 panded. Office of Management and Budget Circular

23 A–76 shall be revised to ensure that the heads of all

24 Federal agencies give fair consideration to the per-
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1 formance of new requirements by Federal Govern2 ment employees.

3 (2) CONSIDERATION OF FEDERAL GOVERNMENT

4 EMPLOYEES.—The Secretary of Defense shall, to the

5 maximum extent practicable, ensure that Federal

6 Government employees are fairly considered for the

7 performance of new requirements, with special con8 sideration given to new requirements that include

9 functions that—

10 (A) are similar to functions that have been

11 performed by Federal Government employees at

12 any time on or after October 1, 1980; or

13 (B) are associated with the performance of

14 inherently governmental functions.

15 (c) USE OF FLEXIBLE HIRING AUTHORITY.—The

16 Secretary shall include the use of the flexible hiring au17 thority available through the National Security Personnel

18 System in order to facilitate performance by Federal Gov19 ernment employees of new requirements and work that is

20 performed under Department of Defense contracts.

21 (d) INSPECTOR GENERAL REPORT.—Not later than

22 180 days after the enactment of this Act, the Inspector

23 General of the Department of Defense shall submit to the

24 Committees on Armed Services of the Senate and the

25 House of Representatives a report on the compliance of
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1 the Secretary of Defense with the requirements of this sec2 tion.

3 (e) DEFINITIONS.—In this section:

4 (1) The term ‘‘National Security Personnel Sys5 tem’’ means the human resources management sys6 tem established under the authority of section 9902

7 of title 5, United States Code.

8 (2) The term ‘‘inherently governmental func9 tion’’ has the meaning given that term in section 5

10 of the Federal Activities Inventory Reform Act of

11 1998 (Public Law 105–270; 112 Stat. 2384; 31

12 U.S.C. 501 note).

13 SEC. 809H. CONTRACTING FOR PROCUREMENT OF CER14 TAIN SUPPLIES AND SERVICES.

15 (a) MODIFICATION OF LIMITATION ON CONVERSION

16 TO CONTRACTOR PERFORMANCE.—Section 8014(a)(3) of

17 the Department of Defense Appropriations Act, 2005

18 (Public law 108–287; 118 Stat. 972) is amended—

19 (1) in subparagraph (A), by inserting ‘‘, pay20 ment that could be used in lieu of such a plan,

21 health savings account, or medical savings account’’

22 after ‘‘health insurance plan’’; and

23 (2) in subparagraph (B), by striking ‘‘that re24 quires’’ and all that follows through the end and in25 serting ‘‘that does not comply with the requirements
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1 of any Federal law governing the provision of health

2 care benefits by Government contractors that would

3 be applicable if the contractor performed the activity

4 or function under the contract.’’.

5 SEC. 809I. MODIFICATION AND EXTENSION OF PILOT PRO6 GRAM ON SHARE-IN-SAVINGS CONTRACTS.

7 (a) INCLUSION OF INFORMATION TECHNOLOGY IM8 PROVEMENTS IN SHARE-IN-SAVINGS.—Paragraph (1) of

9 subsection (a) of section 2332 of title 10, United States

10 Code, is amended by adding at the end the following new

11 sentence: ‘‘Each such contract shall provide that the con12 tractor shall incur the cost of implementing information

13 technology improvements, including costs incurred in ac14 quiring, installing, maintaining, and upgrading informa15 tion technology equipment and training personnel in the

16 use of such equipment, in exchange for a share of any

17 savings directly resulting from the implementation of such

18 improvements during the term of the contract.’’.

19 (b) CONTRACT PERFORMANCE EVALUATION.—Such

20 subsection is further amended—

21 (1) in paragraph (3), by striking ‘‘, to the max22 imum extent practicable,’’;

23 (2) by striking paragraph (4);

24 (3) by redesignating paragraph (5) as para25 graph (7); and
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1 (4) inserting after paragraph (3) the following

2 new paragraphs:

3 ‘‘(4) The head of an agency that enters into contracts

4 pursuant to the authority of this section shall establish

5 a panel of employees of such agency, independent of any

6 program office or contracting office responsible for award7 ing and administering such contracts, for the purpose of

8 verifying performance baselines and methodologies for cal9 culating savings resulting from the implementation of in10 formation technology improvements under such contracts.

11 Employees assigned to any such panel shall have experi12 ence and expertise appropriate for the duties of such

13 panel.

14 ‘‘(5) Each contract awarded pursuant to the author15 ity of this section shall include a provision containing a

16 quantifiable baseline of current and projected costs, a

17 methodology for calculating actual costs during the period

18 of performance, and a savings share ratio governing the

19 amount of payments the contractor is to receive under

20 such contract that are certified by a panel established pur21 suant to paragraph (4) to be financially sound and based

22 on the best available information.

23 ‘‘(6) Each contract awarded pursuant to the author24 ity of this section shall—
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1 ‘‘(A) provide that aggregate payments to the

2 contractor may not exceed the amount the agency

3 would have paid, in accordance with the baseline of

4 current and projected costs incorporated in such

5 contract, during the period covered by such contract;

6 and

7 ‘‘(B) require an independent annual audit of ac8 tual costs in accordance with the methodology estab9 lished under paragraph (5)(B), which shall serve as

10 a basis for annual payments based on savings share

11 ratio established in such contract.’’.

12 (c) EXTENSION OF PILOT PROGRAM.—Such section

13 is further amended—

14 (1) in subsection (b)(3)(B), by striking ‘‘fiscal

15 years 2003, 2004, and 2005’’ and inserting ‘‘fiscal

16 years 2003 through 2007’’; and

17 (2) in subsection (d), by striking ‘‘September

18 30, 2005’’ and inserting ‘‘September 30, 2007’’.

19 (d) REPORTS TO CONGRESS.—

20 (1) SECRETARY OF DEFENSE REPORTS.—Not

21 later than March 31, 2006, and each year thereafter

22 until the year after the termination of the pilot pro23 gram under section 2332 of title 10, United States

24 Code (as amended by subsection (a)), the Secretary

25 of Defense shall submit to Congress a report con-
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1 taining a list of each contract entered into by each

2 Federal agency under such section during the pre3 ceding year that contains terms providing for the

4 contractor to implement information technology im5 provements in exchange for a share of the savings

6 derived from the implementation of such improve7 ments. The report shall set forth, for each contract

8 listed—

9 (A) the information technology perform10 ance acquired by reason of the improvements

11 concerned;

12 (B) the total amount of payments made to

13 the contractor during the year covered by the

14 report; and

15 (C) the total amount of savings or other

16 measurable benefits realized by the Federal

17 agency during such year as a result of such im18 provements.

19 (2) COMPTROLLER GENERAL REPORTS.—Not

20 later than two months after the Secretary submits a

21 report required by paragraph (1), the Comptroller

22 General of the United States shall submit to Con23 gress a report on the costs and benefits to the

24 United States of the implementation of the tech25 nology improvements under the contracts covered by
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1 such report, together with such recommendations as

2 the Comptroller General considers appropriate.

3 SEC. 809J. SENSE OF SENATE ON APPLICABILITY OF COM4 PETITION EXCEPTIONS TO ELIGIBILITY OF

5 NATIONAL GUARD FOR FINANCIAL ASSIST6 ANCE FOR PERFORMANCE OF ADDITIONAL

7 DUTIES.

8 It is the sense of the Senate that the amendment

9 made by section 806 of the Ronald W. Reagan National

10 Defense Authorization Act for Fiscal Year 2005 (Public

11 Law 108–375; 118 Stat. 2010) permits the Secretary of

12 Defense to provide financial assistance to the Army Na13 tional Guard for the performance of additional duties

14 specified in section 113(a) of title 32, United States Code,

15 without the use of competitive procedures under the stand16 ard exceptions to the use of such procedures in accordance

17 with section 2304(c) of title 10, United States Code.
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1 Subtitle B—Defense Industrial

2 Base Matters

3 SEC. 811. CLARIFICATION OF EXCEPTION FROM BUY AMER4 ICAN REQUIREMENTS FOR PROCUREMENT

5 OF PERISHABLE FOOD FOR ESTABLISH6 MENTS OUTSIDE THE UNITED STATES.

7 Section 2533a(d)(3) of title 10, United States Code,

8 is amended by inserting ‘‘, or for,’’ after ‘‘perishable foods

9 by’’.

10 SEC. 812. CONDITIONAL WAIVER OF DOMESTIC SOURCE OR

11 CONTENT REQUIREMENTS FOR CERTAIN

12 COUNTRIES WITH RECIPROCAL DEFENSE

13 PROCUREMENT AGREEMENTS WITH THE

14 UNITED STATES.

15 (a) AUTHORITY FOR ANNUAL WAIVER.—Subchapter

16 V of chapter 148 of title 10, United States Code, is

17 amended by adding at the end the following new section:

18 ‘‘§ 2539c. Domestic source or content requirements:

19 one-year waiver for certain countries

20 with reciprocal defense procurement

21 agreements with the United States

22 ‘‘(a) WAIVER AUTHORITY.—Subject to subsection

23 (g), upon making a determination under subsection (b)

24 that a foreign country described by that subsection has

25 not qualitatively or quantitatively increased exports of de-
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1 fense items, as determined by the Secretary of Defense

2 for purposes of this section, to the People’s Republic of

3 China during the fiscal year in which such determination

4 is made, the Secretary of Defense may waive the applica5 tion of any domestic source requirement or domestic con6 tent requirement referred to in subsection (c) and thereby

7 authorize the procurement of items that are grown, re8 processed, reused, produced, or manufactured in such for9 eign country during the fiscal year following the fiscal year

10 in which such determination is made.

11 ‘‘(b) ANNUAL DETERMINATIONS.—Not later than

12 September 30 each fiscal year, the Secretary of Defense

13 may determine whether or not a foreign country with

14 which the United States had in force during such fiscal

15 year a reciprocal defense procurement memorandum of

16 understanding or agreement qualitatively or quantitatively

17 increased exports of defense items to the People’s Republic

18 of China during such fiscal year. Each such determination

19 shall be in writing.

20 ‘‘(c) COVERED REQUIREMENTS.—For purposes of

21 this section:

22 ‘‘(1) A domestic source requirement is any re23 quirement under law that the Department of De24 fense satisfy its requirements for an item by pro25 curing an item that is grown, reprocessed, reused,
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1 produced, or manufactured in the United States or

2 by a manufacturer that is a part of the national

3 technology and industrial base (as defined in section

4 2500(1) of this title).

5 ‘‘(2) A domestic content requirement is any re6 quirement under law that the Department of De7 fense satisfy its requirements for an item by pro8 curing an item produced or manufactured partly or

9 wholly from components and materials grown, re10 processed, reused, produced, or manufactured in the

11 United States.

12 ‘‘(d) EFFECTIVE PERIOD OF WAIVER.—Any waiver

13 of the application of any domestic source requirement or

14 domestic content with respect to a foreign country under

15 subsection (a) shall be effective only for the fiscal year

16 following the fiscal year in which is made the determina17 tion on which such waiver is based.

18 ‘‘(e) LIMITATION ON DELEGATION.—The authority

19 of the Secretary of Defense to waive the application of

20 domestic source or content requirements under subsection

21 (a) may not be delegated to any officer or employee other

22 than the Deputy Secretary of Defense or the Under Sec23 retary of Defense for Acquisition, Technology, and Logis24 tics.
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1 ‘‘(f) CONSULTATIONS.—The Secretary of Defense

2 may grant a waiver of the application of a domestic source

3 or content requirement under subsection (a) only after

4 consultation with the United States Trade Representative,

5 the Secretary of Commerce, and the Secretary of State.

6 ‘‘(g) LAWS NOT WAIVABLE.—The Secretary of De7 fense may not exercise the authority under subsection (a)

8 to waive any domestic source or content requirement con9 tained in any of the following laws:

10 ‘‘(1) The Small Business Act (15 U.S.C. 631 et

11 seq.).

12 ‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C.

13 46 et seq.).

14 ‘‘(3) Section 2533a of this title.

15 ‘‘(4) Sections 7309 and 7310 of this title.

16 ‘‘(h) RELATIONSHIP TO OTHER WAIVER AUTHOR17 ITY.—The authority under subsection (a) to waive a do18 mestic source requirement or domestic content require19 ment is in addition to any other authority to waive such

20 requirement.

21 ‘‘(i) CLARIFICATION OF RELATIONSHIP WITH BUY

22 AMERICAN ACT.—Nothing in this section shall be con23 strued to alter in any way the applicability of the Buy

24 American Act (41 U.S.C. 10a), or the authority of the

25 Secretary of Defense to waive the requirements of such
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1 Act, with respect to the procurement of any item to which

2 such Act would apply without regard to this section.

3 ‘‘(j) CONSTRUCTION WITH RESPECT TO LATER EN4 ACTED LAWS.—This section may not be construed as

5 being inapplicable to a domestic source requirement or do6 mestic content requirement that is set forth in a law en7 acted after the enactment of this section solely on the

8 basis of the later enactment of such law.’’.

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

10 at the beginning of subchapter V of such chapter is

11 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.’’.

12 SEC. 813. CONSISTENCY WITH UNITED STATES OBLIGA13 TIONS UNDER TRADE AGREEMENTS.

14 No provision of this Act or any amendment made by

15 this Act shall apply to a procurement by or for the Depart16 ment of Defense to the extent that the Secretary of De17 fense, in consultation with the Secretary of Commerce, the

18 United States Trade Representative, and the Secretary of

19 State, determines that it is inconsistent with United

20 States obligations under a trade agreement.
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1 SEC. 814. RESEARCH AND DEVELOPMENT EFFORTS FOR

2 PURPOSES OF SMALL BUSINESS RESEARCH.

3 (a) IN GENERAL.—Section 9 of the Small Business

4 Act (15 U.S.C. 638) is amended by adding at the end the

5 following:

6 ‘‘(x) RESEARCH AND DEVELOPMENT FOCUS.—

7 ‘‘(1) REVISION AND UPDATE OF CRITERIA AND

8 PROCEDURES OF IDENTIFICATION.—In carrying out

9 subsection (g), the Secretary of Defense shall, not

10 less often than once every 4 years, revise and update

11 the criteria and procedures utilized to identify areas

12 of the research and development efforts of the De13 partment of Defense which are suitable for the pro14 vision of funds under the Small Business Innovation

15 Research Program and the Small Business Tech16 nology Transfer Program.

17 ‘‘(2) UTILIZATION OF PLANS.—The criteria and

18 procedures described in paragraph (1) shall be devel19 oped through the use of the most current versions

20 of the following plans:

21 ‘‘(A) The joint warfighting science and

22 technology plan required under section 270 of

23 the National Defense Authorization Act for Fis24 cal Year 1997 (10 U.S.C. 2501 note).

25 ‘‘(B) The Defense Technology Area Plan

26 of the Department of Defense.
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1 ‘‘(C) The Basic Research Plan of the De2 partment of Defense.

3 ‘‘(3) INPUT IN IDENTIFICATION OF AREAS OF

4 EFFORT.—The criteria and procedures described in

5 paragraph (1) shall include input in the identifica6 tion of areas of research and development efforts de7 scribed in that paragraph from Department of De8 fense program managers (PMs) and program execu9 tive officers (PEOs).

10 ‘‘(y) COMMERCIALIZATION PILOT PROGRAM.—

11 ‘‘(1) IN GENERAL.—The Secretary of Defense

12 and the Secretary of each military department is au13 thorized to create and administer a ‘Commercializa14 tion Pilot Program’ to accelerate the transition of

15 technologies, products, and services developed under

16 the Small Business Innovation Research Program to

17 Phase III, including the acquisition process.

18 ‘‘(2) IDENTIFICATION OF RESEARCH PROGRAMS

19 FOR ACCELERATED TRANSITION TO ACQUISITION

20 PROCESS.—In carrying out the Commercialization

21 Pilot Program, the Secretary of Defense and the

22 Secretary of each military department shall identify

23 research programs of the Small Business Innovation

24 Research Program that have the potential for rapid
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1 transitioning to Phase III and into the acquisition

2 process.

3 ‘‘(3) LIMITATION.—No research program may

4 be identified under paragraph (2), unless the Sec5 retary of the military department concerned certifies

6 in writing that the successful transition of the pro7 gram to Phase III and into the acquisition process

8 is expected to meet high priority military require9 ments of such military department.

10 ‘‘(4) FUNDING.—For payment of expenses in11 curred to administer the Commercialization Pilot

12 Program under this subsection, the Secretary of De13 fense and each Secretary of a military department is

14 authorized to use not more than an amount equal to

15 1 percent of the funds available to the Department

16 of Defense or the military department pursuant to

17 the Small Business Innovation Research Program.

18 Such funds—

19 ‘‘(A) shall not be subject to the limitations

20 on the use of funds in subsection (f)(2); and

21 ‘‘(B) shall not be used to make Phase III

22 awards.

23 ‘‘(5) EVALUATIVE REPORT.—At the end of each

24 fiscal year, the Secretary of Defense and each Sec25 retary of a military department shall submit to the
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1 Committee on Armed Services and the Committee on

2 Small Business and Entrepreneurship of the Senate

3 and the Committee on Armed Services and the Com4 mittee on Small Business of the House of Rep5 resentatives an evaluative report regarding activities

6 under the Commercialization Pilot Program. The re7 port shall include—

8 ‘‘(A) an accounting of the funds used in

9 the Commercialization Pilot Program;

10 ‘‘(B) a detailed description of the Commer11 cialization Pilot Program, including incentives

12 and activities undertaken by acquisition pro13 gram managers, program executive officers, and

14 by prime contractors; and

15 ‘‘(C) a detailed compilation of results

16 achieved by the Commercialization Pilot Pro17 gram, including the number of small business

18 concerns assisted and a number of inventions

19 commercialized.

20 ‘‘(6) SUNSET.—The pilot program under this

21 subsection shall terminate at the end of fiscal year

22 2009.’’.

23 (b) IMPLEMENTATION OF EXECUTIVE ORDER

24 13329.—Section 9 of the Small Business Act (15 U.S.C.

25 638) is amended—
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1 (1) in subsection (b)—

2 (A) in paragraph (6), by striking ‘‘and’’ at

3 the end;

4 (B) in paragraph (7), by striking the pe5 riod at the end and inserting ‘‘; and’’; and

6 (C) by adding at the end the following:

7 ‘‘(8) to provide for and fully implement the te8 nets of Executive Order 13329 (Encouraging Inno9 vation in Manufacturing).’’;

10 (2) in subsection (g)—

11 (A) in paragraph (9), by striking ‘‘and’’ at

12 the end;

13 (B) in paragraph (10), by striking the pe14 riod at the end and inserting ‘‘; and’’; and

15 (C) by adding at the end the following:

16 ‘‘(11) provide for and fully implement the te17 nets of Executive Order 13329 (Encouraging Inno18 vation in Manufacturing).’’; and

19 (3) in subsection (o)—

20 (A) in paragraph (14), by striking ‘‘and’’

21 at the end;

22 (B) in paragraph (15), by striking the pe23 riod at the end and inserting ‘‘; and’’; and

24 (C) by adding at the end the following:
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1 ‘‘(16) provide for and fully implement the te2 nets of Executive Order 13329 (Encouraging Inno3 vation in Manufacturing).’’.

4 (c) TESTING AND EVALUATION AUTHORITY.—Sec5 tion 9(e) of the Small Business Act (15 U.S.C. 638(e))

6 is amended—

7 (1) in paragraph (7), by striking ‘‘and’’ at the

8 end;

9 (2) in paragraph (8), by striking the period at

10 the end and inserting ‘‘; and’’; and

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

12 ‘‘(9) the term ‘commercial applications’ shall

13 not be construed to exclude testing and evaluation of

14 products, services, or technologies for use in tech15 nical or weapons systems, and further, awards for

16 testing and evaluation of products, services, or tech17 nologies for use in technical or weapons systems may

18 be made in either the second or the third phase of

19 the Small Business Innovation Research Program

20 and of the Small Business Technology Transfer Pro21 gram, as defined in this subsection.’’.
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1 Subtitle C—Defense Contractor

2 Matters

3 SEC. 821. REQUIREMENTS FOR DEFENSE CONTRACTORS

4 RELATING TO CERTAIN FORMER DEPART5 MENT OF DEFENSE OFFICIALS.

6 (a) REQUIREMENTS.—

7 (1) IN GENERAL.—Chapter 141 of title 10,

8 United States Code, is amended by adding at the

9 end the following new section:

10 ‘‘§ 2410p. Defense contractors: requirements con11 cerning former Department of Defense of12 ficials

13 ‘‘(a) IN GENERAL.—Each contract for the procure14 ment of goods or services in excess of $10,000,000, other

15 than a contract for the procurement of commercial items,

16 that is entered into by the Department of Defense shall

17 include a provision under which the contractor agrees to

18 submit to the Secretary of Defense, not later than April

19 1 of each year such contract is in effect, a written report

20 setting forth the information required by subsection (b).

21 ‘‘(b) REPORT INFORMATION.—A report by a con22 tractor under subsection (a) shall—

23 ‘‘(1) list the name of each person who—
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1 ‘‘(A) is a former officer or employee of the

2 Department of Defense or a former or retired

3 member of the armed forces; and

4 ‘‘(B) during the preceding calendar year

5 was provided compensation by the contractor, if

6 such compensation was first provided by the

7 contractor—

8 ‘‘(i) not more than two years after

9 such officer, employee, or member left

10 service in the Department of Defense; and

11 ‘‘(ii) not more than two years before

12 the date on which the report is required to

13 be submitted; and

14 ‘‘(2) in the case of each person listed under

15 paragraph (1)—

16 ‘‘(A) identify the agency in which such per17 son was employed or served on active duty dur18 ing the last two years of such person’s service

19 with the Department of Defense;

20 ‘‘(B) state such person’s job title and iden21 tify each major defense system, if any, on which

22 such person performed any work with the De23 partment of Defense during the last two years

24 of such person’s service with the Department;

25 and
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1 ‘‘(C) state such person’s current job title

2 with the contractor and identify each major de3 fense system on which such person has per4 formed any work on behalf of the contractor.’’.

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 141 of such title

7 is amended by adding at the end the following new

8 item:

‘‘2410p. Defense contractors: requirements concerning former Department of

Defense officials.’’.

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

10 subsection (a) shall take effect on the date of the enact11 ment of this Act, and shall apply with respect to contracts

12 entered into on or after that date.

13 SEC. 822. REVIEW OF CERTAIN CONTRACTOR ETHICS MAT14 TERS.

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

16 in consultation with the Director of the Office of Govern17 ment Ethics and the Administrator for Federal Procure18 ment Policy, conduct a review of the ethics considerations

19 raised by the following:

20 (1) The performance by contractor employees of

21 functions closely associated with inherently govern22 mental functions.
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1 (2) The performance by contractor employees of

2 other functions historically performed by Govern3 ment employees in the Federal workplace.

4 (b) OPTIONS TO BE ADDRESSED.—The review under

5 subsection (a) shall include the consideration of a broad

6 range of options for addressing the ethics considerations

7 described in that subsection, including—

8 (1) amending the Federal Acquisition Regula9 tion to address ethics and personal conflict of inter10 est concerns for contractor employees;

11 (2) implementing the Federal Acquisition Regu12 lation, as so amended, through the incorporation of

13 appropriate provisions in Federal agency contracts

14 and in the solicitations for such contracts;

15 (3) requiring such contracts and solicitations to

16 state that contractor employees will be bound by cer17 tain ethics standards, whether contractor-imposed or

18 Government-imposed;

19 (4) encouraging Federal agency personnel to

20 consider including provisions in contracts and solici21 tations that address conflict of interest issues and

22 require contractor personnel to receive training on

23 Government ethics rules; and
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1 (5) continuing to identify and mitigate conflicts

2 and ethics concerns involving contractor personnel

3 on a case-by-case basis.

4 (c) REPORT.—

5 (1) IN GENERAL.—Not later than 6 months

6 after the date of the enactment of this Act, the Sec7 retary shall submit to the congressional defense com8 mittees a report setting forth the findings and rec9 ommendations of the Secretary as a result of the re10 view under subsection (a) and the consideration of

11 options under subsection (b).

12 (2) ADDITIONAL VIEWS.—The report under

13 paragraph (1) shall set forth the views, if any, of the

14 Director of the Office of Government Ethics and the

15 Administrator for Federal Procurement Policy on

16 the matters covered by the report.

17 (d) FUNCTIONS CLOSELY ASSOCIATED WITH INHER18 ENTLY GOVERNMENTAL FUNCTIONS DEFINED.—In this

19 section, the term ‘‘functions closely associated with inher20 ently governmental functions’’ has the meaning given such

21 term in section 2383(b)(3) of title 10, United States Code.

22 SEC. 823. CONTRACT FRAUD RISK ASSESSMENT.

23 (a) RISK ASSESSMENT TEAM.—(1) Not later than 30

24 days after the date of the enactment of this Act, the Sec25 retary of Defense shall establish a risk assessment team
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1 to assess the vulnerability of Department of Defense con2 tracts to fraud, waste, and abuse.

3 (2) The risk assessment team shall be chaired by the

4 Inspector General of the Department of Defense and shall

5 include representatives of the Defense Logistics Agency,

6 the Defense Contract Management Agency, the Defense

7 Contract Audit Agency, the Army, the Navy, and the Air

8 Force.

9 (3) The risk assessment team shall—

10 (A) review the contracting systems and internal

11 controls of the Department of Defense and the sys12 tems and controls of prime contractors of the De13 partment of Defense to identify areas of vulner14 ability of Department of Defense contracts to fraud,

15 waste, and abuse; and

16 (B) prepare a report on the results of its re17 view.

18 (4) Not later than six months after the date of the

19 enactment of this Act, the chairman of the risk assessment

20 team shall submit the report prepared under paragraph

21 (3)(B) to the Secretary of Defense and the congressional

22 defense committees.

23 (b) COMPTROLLER GENERAL REVIEW.—(1) Not

24 later than 60 days after the date on which the report of

25 the risk assessment team is submitted under subsection
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1 (a)(4), the Comptroller General of the United States

2 shall—

3 (A) review the methodology used by the risk as4 sessment team and the results of the team’s review;

5 and

6 (B) submit a report on the Comptroller Gen7 eral’s review to the congressional defense commit8 tees.

9 (2) The report under paragraph (1)(B) shall include

10 the Comptroller General’s findings and any recommenda11 tions that the Comptroller considers appropriate.

12 (c) ACTION PLAN.—Not later than three months

13 after receiving the report of the risk assessment team

14 under subsection (a)(4), the Secretary of Defense shall de15 velop and submit to the congressional defense committees

16 a plan of actions for addressing the areas of vulnerability

17 identified in the report. If the Secretary determines that

18 no action is necessary with regard to an area of vulner19 ability, the report shall include a discussion of the ration20 ale for that determination.

21 SEC. 824. REPORTS ON CERTAIN DEFENSE CONTRACTS IN

22 IRAQ AND AFGHANISTAN.

23 (a) QUARTERLY REPORTS.—

24 (1) IN GENERAL.—Not later than 90 days after

25 the date of the enactment of this Act, and every 90
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1 days thereafter, the Secretary of Defense shall sub2 mit to the appropriate committees of Congress a re3 port that lists and describes each task or delivery

4 order contract or other contract related to security

5 and reconstruction activities in Iraq and Afghani6 stan in which an audit conducted by an investigative

7 or audit component of the Department of Defense

8 during the 90-day period ending on the date of such

9 report resulted in a finding described in subsection

10 (b).

11 (2) COVERAGE OF SUBCONTRACTS.—For pur12 poses of this section, any reference to a contract

13 shall be treated as a reference to such contract and

14 to any subcontracts under such contract.

15 (b) COVERED FINDING.—A finding described in this

16 subsection with respect to a task or delivery order contract

17 or other contract described in subsection (a) is a finding

18 by an investigative or audit component of the Department

19 of Defense that the contract includes costs that are unsup20 ported, questioned, or both.

21 (c) REPORT INFORMATION.—Each report under sub22 section (a) shall include, with respect to each task or deliv23 ery order contract or other contract covered by such

24 report—
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1 (1) a description of the costs determined to be

2 unsupported, questioned, or both; and

3 (2) a statement of the amount of such unsup4 ported or questioned costs and the percentage of the

5 total value of such task or delivery order that such

6 costs represent.

7 (d) WITHHOLDING OF PAYMENTS.—In the event that

8 any costs under a task or delivery order contract or other

9 contract described in subsection (a) are determined by an

10 investigative or audit component of the Department of De11 fense to be unsupported, questioned, or both, the appro12 priate Federal procurement personnel may withhold from

13 amounts otherwise payable to the contractor under such

14 contract a sum of up to 100 percent of the total amount

15 of such costs.

16 (e) RELEASE OF WITHHELD PAYMENTS.—Upon a

17 subsequent determination by the appropriate Federal pro18 curement personnel, or investigative or audit component

19 of the Department of Defense, that any unsupported or

20 questioned costs for which an amount payable was with21 held under subsection (d) has been determined to be allow22 able, or upon a settlement negotiated by the appropriate

23 Federal procurement personnel, the appropriate Federal

24 procurement personnel may release such amount for pay25 ment to the contractor concerned.
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1 (f) INCLUSION OF INFORMATION ON WITHHOLDING

2 AND RELEASE IN QUARTERLY REPORTS.—Each report

3 under subsection (a) after the initial report under that

4 subsection shall include the following:

5 (1) A description of each action taken under

6 subsection (d) or (e) during the period covered by

7 such report.

8 (2) A justification of each determination or ne9 gotiated settlement under subsection (d) or (e) that

10 appropriately explains the determination of the ap11 plicable Federal procurement personnel in terms of

12 reasonableness, allocability, or other factors affecting

13 the acceptability of the costs concerned.

14 (g) DEFINITIONS.—In this section:

15 (1) The term ‘‘appropriate committees of Con16 gress’’ means—

17 (A) the Committees on Appropriations,

18 Armed Services, and Homeland Security and

19 Governmental Affairs of the Senate; and

20 (B) the Committees on Appropriations,

21 Armed Services, and Government Reform of the

22 House of Representatives.

23 (2) The term ‘‘investigative or audit component

24 of the Department of Defense’’ means any of the fol25 lowing:
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1 (A) The Office of the Inspector General of

2 the Department of Defense.

3 (B) The Defense Contract Audit Agency.

4 (C) The Defense Contract Management

5 Agency.

6 (D) The Army Audit Agency.

7 (E) The Naval Audit Service.

8 (F) The Air Force Audit Agency.

9 (3) The term ‘‘questioned’’, with respect to a

10 cost, means an unreasonable, unallocable, or unal11 lowable cost.

12 Subtitle D—Defense Acquisition

13 Workforce Matters

14 SEC. 831. AVAILABILITY OF FUNDS IN ACQUISITION WORK15 FORCE TRAINING FUND FOR DEFENSE AC16 QUISITION WORKFORCE IMPROVEMENTS.

17 (a) AVAILABILITY OF DEPARTMENT OF DEFENSE

18 CONTRACT FEES FOR DEFENSE ACQUISITION UNIVER19 SITY.—Section 37 of the Office of Federal Procurement

20 Policy Act (41 U.S.C. 433) is amended—

21 (1) in subsection (a), by striking ‘‘This section’’

22 and inserting ‘‘Except as otherwise provided, this

23 section’’; and

24 (2) in subsection (h)(3)—
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1 (A) in subparagraph (B), by striking

2 ‘‘(other than the Department of Defense)’’ in

3 the first sentence;

4 (B) by redesignating subparagraphs (D),

5 (E), (F), and (G) as subparagraphs (E), (F),

6 (G), and (H), respectively;

7 (C) by inserting after subparagraph (C)

8 the following new subparagraph (D):

9 ‘‘(D) The Administrator of General Serv10 ices shall credit to the Defense Acquisition Uni11 versity fees collected in accordance with sub12 paragraph (B) from the Department of De13 fense. Amounts so credited shall be used to de14 velop and expand training for the defense ac15 quisition workforce.’’; and

16 (D) in subparagraph (E), as so redesig17 nated, by striking ‘‘the purpose specified in sub18 paragraph (A)’’ and inserting ‘‘the purposes

19 specified in subparagraphs (A) and (D)’’.

20 (b) CONFORMING AMENDMENT.—Section 1412 of the

21 National Defense Authorization Act for Fiscal year 2004

22 (Public Law 108–136; 117 Stat. 1664; 41 U.S.C. 433

23 note) is amended by striking subsection (c).
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1 SEC. 832. LIMITATION AND REINVESTMENT AUTHORITY RE2 LATING TO REDUCTION OF THE DEFENSE AC3 QUISITION AND SUPPORT WORKFORCE.

4 (a) LIMITATION.—Notwithstanding any other provi5 sion of law, the defense acquisition and support workforce

6 may not be reduced, during fiscal years 2006, 2007, and

7 2008, below the level of that workforce as of September

8 30, 2004, determined on the basis of full-time employee

9 equivalence, except as may be necessary to strengthen the

10 defense acquisition and support workforce in higher pri11 ority positions in accordance with this section.

12 (b) INCREASE AND REALIGNMENT OF WORK13 FORCE.—(1)(A) During fiscal years 2006, 2007, and

14 2008, the Secretary of Defense shall increase the number

15 of persons employed in the defense acquisition and support

16 workforce as follows:

17 (i) During fiscal year 2006, to 105 percent of

18 the baseline number (as defined in subparagraph

19 (B)).

20 (ii) During fiscal year 2007, to 110 percent of

21 the baseline number.

22 (iii) During fiscal year 2008, to 115 percent of

23 the baseline number.

24 (B) In this paragraph, the term ‘‘baseline number’’,

25 with respect to persons employed in the defense acquisi26 tion and support workforce, means the number of persons
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1 employed in such workforce as of September 30, 2004 (de2 termined on the basis of full-time employee equivalence).

3 (C) The Secretary of Defense may waive a require4 ment in subparagraph (A) and, subject to subsection (a),

5 employ in the defense acquisition and support workforce

6 a lesser number of employees if the Secretary determines

7 and certifies to the congressional defense committees that

8 the cost of increasing such workforce to the larger size

9 as required under that subparagraph would exceed the

10 savings to be derived from the additional oversight that

11 would be achieved by having a defense acquisition and

12 support workforce of such larger size.

13 (2) During fiscal years 2006, 2007, and 2008, the

14 Secretary of Defense may realign any part of the defense

15 acquisition and support workforce to support reinvestment

16 in other, higher priority positions in such workforce.

17 (c) HIGHER PRIORITY POSITIONS.—For the purposes

18 of this section, higher priority positions in the defense ac19 quisition and support workforce include the following posi20 tions:

21 (1) Positions the responsibilities of which in22 clude system engineering.

23 (2) Positions the responsibilities of which in24 clude drafting performance-based work statements

25 for services contracts and overseeing the perform-
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1 ance of contracts awarded pursuant to such work

2 statements.

3 (3) Positions the responsibilities of which in4 clude conducting spending analyses, negotiating

5 company-wide pricing agreements, and taking other

6 measures to reduce contract costs.

7 (4) Positions the responsibilities of which in8 clude reviewing contractor quality control systems,

9 assessing and analyzing quality deficiency reports,

10 and taking other measures to improve product qual11 ity.

12 (5) Positions the responsibilities of which in13 clude effectively conducting public-private competi14 tions in accordance with Office of Management and

15 Budget Circular A–76.

16 (6) Any other positions in the defense acquisi17 tion and support workforce that the Secretary of De18 fense identifies as being higher priority positions

19 that are staffed at levels not likely to ensure efficient

20 and effective performance of all of the responsibil21 ities of those positions.

22 (d) STRATEGIC ASSESSMENT AND PLAN.—(1) The

23 Secretary of Defense shall—

24 (A) assess the extent to which the Department

25 of Defense can recruit, retain, train, and provide
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1 professional development opportunities for acquisi2 tion professionals over the 10-fiscal year period be3 ginning with fiscal year 2006; and

4 (B) develop a human resources strategic plan

5 for the defense acquisition and support workforce

6 that includes objectives and planned actions for im7 proving the management of such workforce.

8 (2) The Secretary shall submit to Congress, not later

9 than April 1, 2006, a report on the progress made in—

10 (A) completing the assessment required under

11 paragraph (1); and

12 (B) completing and implementing the strategic

13 plan required under such paragraph.

14 (e) DEFENSE ACQUISITION AND SUPPORT WORK15 FORCE DEFINED.—In this section, the term ‘‘defense ac16 quisition and support workforce’’ means members of the

17 Armed Forces and civilian personnel who are assigned to,

18 or are employed in, an organization of the Department

19 of Defense that has acquisition as its predominant mis20 sion, as determined by the Secretary of Defense.

21 SEC. 833. TECHNICAL AMENDMENTS RELATING TO DE22 FENSE ACQUISITION WORKFORCE IMPROVE23 MENTS.

24 Section 1732 of title 10, United States Code, is

25 amended—
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1 (1) in subsection (c)—

2 (A) by striking ‘‘(b)(2)(A) and (b)(2)(B)’’

3 each place it appears in paragraphs (1) and (2)

4 and inserting ‘‘(b)(1)(A) and (b)(1)(B)’’; and

5 (B) by striking paragraph (3); and

6 (2) in subsection (d)(2), by striking

7 ‘‘(b)(2)A)(ii)’’ and inserting ‘‘(b)(1)(A)(ii)’’.

8 SEC. 834. TRAINING FOR DEFENSE ACQUISITION WORK9 FORCE ON THE REQUIREMENTS OF THE

10 BERRY AMENDMENT.

11 (a) TRAINING DURING FISCAL YEAR 2006.—The

12 Secretary of Defense shall ensure that each member of

13 the defense acquisition workforce who participates person14 ally and substantially in the acquisition of textiles on a

15 regular basis receives training during fiscal year 2006 on

16 the requirements of section 2533a of title 10, United

17 States Code (commonly referred to as the ‘‘Berry Amend18 ment’’), and the regulations implementing that section.

19 (b) INCLUSION OF INFORMATION IN NEW TRAINING

20 PROGRAMS.—The Secretary shall ensure that any training

21 program for the defense acquisition workforce develop22 ment or implemented after the date of the enactment of

23 this Act includes comprehensive information on the re24 quirements described in subsection (a).
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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

6 amended—

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

5 amended—

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’’.

18 SEC. 846. PILOT PROGRAM ON EXPANDED PUBLIC-PRIVATE

19 PARTNERSHIPS FOR RESEARCH AND DEVEL20 OPMENT.

21 (a) PILOT PROGRAM AUTHORIZED.—The Secretary

22 of Defense may carry out a pilot program to authorize

23 the organizations referred to in subsection (b) to enter

24 into cooperative research and development agreements

25 under section 12 of the Stevenson-Wydler Technology In-
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1 novation Act of 1980 (15 U.S.C. 3710a) in order to assess

2 the benefits of such agreements for such organizations and

3 for the Department of Defense as a whole.

4 (b) COVERED ORGANIZATIONS.—The organizations

5 referred to in this subsection are as follows:

6 (1) The National Defense University.

7 (2) The Defense Acquisition University.

8 (3) The Joint Forces Command.

9 (4) The United States Transportation Com10 mand.

11 (c) LIMITATION.—No agreement may be entered into,

12 or continue in force, under the pilot program under sub13 section (a) after September 30, 2009.

14 (d) REPORT.—Not later than February 1, 2009, the

15 Secretary shall submit to the congressional defense com16 mittees a report on the pilot program under subsection

17 (a). The report shall include—

18 (1) a description of any agreements entered

19 into under the pilot program; and

20 (2) the assessment of the Secretary of the bene21 fits of the agreements entered into under the pilot

22 program for the organizations referred to in sub23 section (b) and for the Department of Defense as a

24 whole.
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1 SEC. 847. INCREASED LIMIT APPLICABLE TO ASSISTANCE

2 PROVIDED UNDER CERTAIN PROCUREMENT

3 TECHNICAL ASSISTANCE PROGRAMS.

4 Section 2414(a)(2) of title 10, United States Code,

5 is amended by striking ‘‘$150,000’’ and inserting

6 ‘‘$300,000’’.

7 SEC. 848. REPORTS OF ADVISORY PANEL ON LAWS AND

8 REGULATIONS ON ACQUISITION PRACTICES.

9 (a) EXTENSION OF FINAL REPORT.—Section

10 1423(d) of the Services Acquisition Reform Act of 2003

11 (title XIV of Public Law 108–136; 117 Stat. 1669; 41

12 U.S.C. 405 note) is amended by striking ‘‘one year’’ and

13 inserting ‘‘two years’’.

14 (b) REQUIREMENT FOR INTERIM REPORT.—That

15 section is further amended—

16 (1) by inserting ‘‘(1)’’ before ‘‘Not later than’’;

17 and

18 (2) by adding at the end the following new

19 paragraph:

20 ‘‘(2) Not later than one year after the date of the

21 establishment of the panel, the panel shall submit to the

22 official and committees referred to in paragraph (1) an

23 interim report on the matters set forth in that para24 graph.’’.
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1 SEC. 849. EXCLUSION OF CERTAIN SECURITY EXPENSES

2 FROM CONSIDERATION FOR PURPOSE OF

3 SMALL BUSINESS SIZE STANDARDS.

4 Section 3(a) of the Small Business Act (15 U.S.C.

5 632(a)), is amended by adding at the end the following:

6 ‘‘(4) EXCLUSION OF CERTAIN SECURITY EXPENSES

7 FROM CONSIDERATION FOR PURPOSE OF SMALL BUSINESS

8 SIZE STANDARDS.—

9 ‘‘(A) DETERMINATION REQUIRED.—Not later

10 than 30 days after the date of enactment of this

11 paragraph, the Administrator shall review the appli12 cation of size standards established pursuant to

13 paragraph (2) to small business concerns that are

14 performing contracts in qualified areas and deter15 mine whether it would be fair and appropriate to ex16 clude from consideration in the average annual gross

17 receipts of such small business concerns any pay18 ments made to such small business concerns by Fed19 eral agencies to reimburse such small business con20 cerns for the cost of subcontracts entered for the

21 sole purpose of providing security services in a quali22 fied area.

23 ‘‘(B) ACTION REQUIRED.—Not later than 60

24 days after the date of enactment of this paragraph,

25 the Administrator shall either—
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1 ‘‘(i) initiate an adjustment to the size

2 standards, as described in subparagraph (A), if

3 the Administrator determines that such an ad4 justment would be fair and appropriate; or

5 ‘‘(ii) provide a report to the Committee on

6 Small Business and Entrepreneurship of the

7 Senate and the Committee on Small Business

8 of the House of Representatives explaining in

9 detail the basis for the determination by the

10 Administrator that such an adjustment would

11 not be fair and appropriate.

12 ‘‘(C) QUALIFIED AREAS.—In this paragraph,

13 the term ‘qualified area’ means—

14 ‘‘(i) Iraq,

15 ‘‘(ii) Afghanistan, and

16 ‘‘(iii) any foreign country which included a

17 combat zone, as that term is defined in section

18 112(c)(2) of the Internal Revenue Code of

19 1986, at the time of performance of the rel20 evant Federal contract or subcontract.’’.

21 SEC. 850. SMALL BUSINESS CONTRACTING IN OVERSEAS

22 PROCUREMENTS.

23 Section 15(g) of the Small Business Act (15 U.S.C.

24 644(g)) is amended by adding at the end the following:
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1 ‘‘(3) SMALL BUSINESS CONTRACTING IN OVERSEAS

2 PROCUREMENTS.—

3 ‘‘(A) STATEMENT OF CONGRESSIONAL POL4 ICY.—It is the policy of the Congress that Federal

5 agencies shall endeavor to meet the contracting goals

6 established under this subsection, regardless of the

7 geographic area in which the contracts will be per8 formed.

9 ‘‘(B) AUTHORIZATION TO USE CONTRACTING

10 MECHANISMS.—Federal agencies are authorized to

11 use any of the contracting mechanisms authorized in

12 this Act for the purpose of complying with the Con13 gressional policy set forth in subparagraph (A).

14 ‘‘(C) REPORT TO CONGRESSIONAL COMMIT15 TEES.—Not later than 1 year after the date of en16 actment of this paragraph, the Administrator and

17 the Chief Counsel for Advocacy shall submit to the

18 Committee on Small Business and Entrepreneurship

19 of the Senate and Committee on Small Business of

20 the House of Representatives a report on the activi21 ties undertaken by Federal agencies, offices, and de22 partments to carry out this paragraph.’’.

23 SEC. 851. FAIR ACCESS TO MULTIPLE-AWARD CONTRACTS.

24 Section 15(g) of the Small Business Act (15 U.S.C.

25 644(g)) is amended by adding at the end the following:
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1 ‘‘(3) FAIR ACCESS TO MULTIPLE-AWARD CON2 TRACTS.—

3 ‘‘(A) STATEMENT OF CONGRESSIONAL POL4 ICY.—It is the policy of the Congress that Federal

5 agencies shall endeavor to meet the contracting goals

6 established under this subsection with regard to or7 ders under multiple-award contracts, including Fed8 eral Supply Schedule contracts and multi-agency

9 contracts.

10 ‘‘(B) AUTHORIZATION FOR LIMITED COMPETI11 TION.—The head of a contracting agency may in12 clude in any contract entered under section

13 2304a(d)(1)(B) or 2304b(e) of title 10, United

14 States Code, a clause setting aside a specific share

15 of awards under such contract pursuant to a com16 petition that is limited to small business concerns, if

17 the head of the contracting agency determines that

18 such limitation is necessary to comply with the con19 gressional policy stated in subparagraph (A).

20 ‘‘(C) REPORT REQUIREMENT.—

21 ‘‘(i) IN GENERAL.—Not later than 180

22 days after the date of enactment of this para23 graph, the Administrator shall submit a report

24 on the level of participation of small business

25 concerns in multiple-award contracts, including
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1 Federal Supply Schedule contracts, to the Com2 mittee on Small Business and Entrepreneurship

3 of the Senate and the Committee on Small

4 Business of the House of Representatives.

5 ‘‘(ii) CONTENTS.—The report required by

6 clause (i) shall include, for the most recent 2-

7 year period for which data are available—

8 ‘‘(I) the total number of multiple9 award contracts;

10 ‘‘(II) the total number of small busi11 ness concerns that received multiple-award

12 contracts;

13 ‘‘(III) the total number of orders

14 under multiple-award contracts;

15 ‘‘(IV) the total value of orders under

16 multiple-award contracts;

17 ‘‘(V) the number of orders received by

18 small business concerns under multiple19 award contracts;

20 ‘‘(VI) the value of orders received by

21 small business concerns under multiple22 award contracts;

23 ‘‘(VII) the number of small business

24 concerns that received orders under mul25 tiple-award contracts; and
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1 ‘‘(VIII) such other information as

2 may be relevant.’’.

3 SEC. 852. DISASTER RELIEF FOR SMALL BUSINESS CON4 CERNS DAMAGED BY DROUGHT.

5 (a) DROUGHT DISASTER AUTHORITY.—

6 (1) DEFINITION OF DISASTER.—Section 3(k) of

7 the Small Business Act (15 U.S.C. 632(k)) is

8 amended—

9 (A) by inserting ‘‘(1)’’ after ‘‘(k)’’; and

10 (B) by adding at the end the following:

11 ‘‘(2) For purposes of section 7(b)(2), the term ‘dis12 aster’ includes—

13 ‘‘(A) drought; and

14 ‘‘(B) below average water levels in the Great

15 Lakes, or on any body of water in the United States

16 that supports commerce by small business con17 cerns.’’.

18 (2) DROUGHT DISASTER RELIEF AUTHORITY.—

19 Section 7(b)(2) of the Small Business Act (15

20 U.S.C. 636(b)(2)) is amended—

21 (A) by inserting ‘‘(including drought), with

22 respect to both farm-related and nonfarm-re23 lated small business concerns,’’ before ‘‘if the

24 Administration’’; and
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1 (B) in subparagraph (B), by striking ‘‘the

2 Consolidated Farmers Home Administration

3 Act of 1961 (7 U.S.C. 1961)’’ and inserting the

4 following: ‘‘section 321 of the Consolidated

5 Farm and Rural Development Act (7 U.S.C.

6 1961), in which case, assistance under this

7 paragraph may be provided to farm-related and

8 nonfarm-related small business concerns, sub9 ject to the other applicable requirements of this

10 paragraph’’.

11 (b) LIMITATION ON LOANS.—From funds otherwise

12 appropriated for loans under section 7(b) of the Small

13 Business Act (15 U.S.C. 636(b)), not more than

14 $9,000,000 may be used during each of fiscal years 2005

15 through 2008, to provide drought disaster loans to non16 farm-related small business concerns in accordance with

17 this section and the amendments made by this section.

18 (c) PROMPT RESPONSE TO DISASTER REQUESTS.—

19 Section 7(b)(2)(D) of the Small Business Act (15 U.S.C.

20 636(b)(2)(D)) is amended by striking ‘‘Upon receipt of

21 such certification, the Administration may’’ and inserting

22 ‘‘Not later than 30 days after the date of receipt of such

23 certification by a Governor of a State, the Administration

24 shall respond in writing to that Governor on its determina25 tion and the reasons therefore, and may’’.
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1 (d) RULEMAKING.—Not later than 45 days after the

2 date of enactment of this Act, the Administrator of the

3 Small Business Administration shall promulgate final

4 rules to carry out this section and the amendments made

5 by this section.

6 SEC. 853. RADIO FREQUENCY IDENTIFIER TECHNOLOGY.

7 (a) SMALL BUSINESS STRATEGY.—As part of imple8 menting its requirement that contractors use radio fre9 quency identifier technology, the Secretary of Defense

10 shall develop and implement a strategy to educate the

11 small business community regarding radio frequency iden12 tifier technology requirements, compliance, standards, and

13 opportunities.

14 (b) REPORTING.—Not later than 180 days after the

15 date of enactment of this Act, the Secretary of Defense

16 shall submit a report to the Committee on Small Business

17 and Entrepreneurship and the Committee on Armed Serv18 ices of the Senate and the Committee on Small Business

19 and the Committee on Armed Services of the House of

20 Representatives detailing the status of the efforts by the

21 Secretary of Defense to establish requirements for radio

22 frequency identifier technology used in Department of De23 fense contracting, including—

24 (1) standardization of the data required to be

25 reported by such technology;
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1 (2) standardization of the manufacturing qual2 ity required for such technology; and

3 (3) the status of the efforts of the Secretary of

4 Defense to develop and implement a strategy to edu5 cate the small business community, as required by

6 section (a).

7 SEC. 854. ENSURING TRANSPARENCY IN FEDERAL CON8 TRACTING.

9 (a) PUBLICATION OF INFORMATION ON FEDERAL

10 CONTRACTOR PENALTIES AND VIOLATIONS.—

11 (1) The Secretary of Defense shall maintain a

12 publicly-available website that provides information

13 on instances in which major contractors have been

14 fined, paid penalties or restitution, settled, plead

15 guilty to, or had judgments entered against them in

16 connection with allegations of improper conduct. The

17 website shall be updated not less than once a year.

18 (2) For the purpose of this subsection, a major

19 contractor is a contractor that receive at least

20 $100,000,000 in Federal contracts in the most re21 cent fiscal year for which data are available.

22 (b) REPORT ON FEDERAL SOLE SOURCE CONTRACTS

23 RELATED TO IRAQ RECONSTRUCTION.—

24 (1) REPORT REQUIRED.—Not later than 120

25 days after the date of the enactment of this Act, the
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1 Administrator for Federal Procurement Policy shall

2 submit to Congress a report on all sole source con3 tracts in excess of $2,000,000 entered into by execu4 tive agencies in connection with Iraq reconstruction

5 from January 1, 2003, through the date of the en6 actment of this Act.

7 (2) CONTENT.—The report submitted under

8 paragraph (1) shall include the following information

9 with respect to each such contract:

10 (A) The date the contract was awarded.

11 (B) The contract number.

12 (C) The name of the contractor.

13 (D) The amount awarded.

14 (E) A brief description of the work to be

15 performed under the contract.

16 (3) EXECUTIVE AGENCY DEFINED.—In this

17 subsection, the term ‘‘executive agency’’ has the

18 meaning given such term in section 4 of the Office

19 of Federal Procurement Policy Act (41 U.S.C. 403).

20 SEC. 855. TERMINATION OF PROGRAM.

21 Section 711(c) of the Small Business Competitive

22 Demonstration Program Act of 1988 (15 U.S.C. 644 note)

23 is amended by inserting after ‘‘January 1, 1989’’ the fol24 lowing: ‘‘, and shall terminate on the date of enactment
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1 of the National Defense Authorization Act for Fiscal Year

2 2006’’.

3 SEC. 856. MODIFICATION OF LIMITED ACQUISITION AU4 THORITY FOR THE COMMANDER OF THE

5 UNITED STATES JOINT FORCES COMMAND.

6 (a) SCOPE OF AUTHORITY.—Subsection (a) of section

7 167a of title 10, United States Code, is amended by strik8 ing and ‘‘and acquire’’ and inserting ‘‘, acquire, and sus9 tain’’.

10 (b) INAPPLICABILITY TO CERTAIN SYSTEMS FUNDED

11 WITH OPERATION AND MAINTENANCE FUNDS.—Sub12 section (d) of such section is amended—

13 (1) in paragraph (1), by striking ‘‘or’’ at the

14 end;

15 (2) in paragraph (2), by striking the period at

16 the end and inserting ‘‘; or’’; and

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

18 paragraph:

19 ‘‘(3) the total expenditure for operation and

20 maintenance is estimated to be $2,000,000 or

21 more.’’.

22 (c) EXTENSION OF AUTHORITY.—Subsection (f) of

23 such section is amended—

24 (1) by striking ‘‘through 2006’’ and inserting

25 ‘‘through 2009’’; and
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1 (2) by striking ‘‘September 30, 2006’’ and in2 serting ‘‘September 30, 2009’’.

3 SEC. 857. CONTRACTING INCENTIVE FOR SMALL POWER

4 PLANTS ON FORMER MILITARY BASES.

5 (a) AUTHORIZATION.—Notwithstanding the lim6 itation in section 501(b)(1)(B) of title 40, United

7 States Code, the Administrator of the General Serv8 ices Administration is authorized to contract for

9 public utility services for a period of not more than

10 20 years, provided that such services are electricity

11 services procured from a small power plant located

12 on a qualified HUBZone base closure area.

13 (b) DEFINITION OF SMALL POWER PLANT.—In

14 this section, the term small power plant includes any

15 power facility or project with electrical output of not

16 more than 60 megawatts.

17 (c) DEFINITION OF PUBLIC UTILITY ELECTRIC

18 SERVICES.—In this section, the term ‘‘public utility

19 services’’, with respect to electricity services, in20 cludes electricity supplies and services, including

21 transmission, generation, distribution, and other

22 services directly used in providing electricity.

23 (d) DEFINITION OF HUBZONE BASE CLOSURE

24 AREA.—In this section, the term ‘‘HUBZone base

25 closure area’’ has the same meaning as such term is
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1 defined in section 3(p)(4)(D) the Small Business

2 Act, 15 U.S.C. 632(p)(4)(D).

3 (e) APPLICABILITY OF OTHER PROVISIONS OF

4 LAW.—Contracting pursuant to this section shall be

5 subject to all other laws and regulations applicable

6 to contracting for public utility services.

7 SEC. 858. EXTENSION OF ANNUAL REPORTS ON MATURITY

8 OF TECHNOLOGY AT INITIATION OF MAJOR

9 DEFENSE ACQUISITION PROGRAMS.

10 Section 804(a) of the National Defense Authorization

11 Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat.

12 1180) is amended by striking ‘‘through 2006’’ and insert13 ing ‘‘through 2010’’.

14 TITLE IX—DEPARTMENT OF DE15 FENSE ORGANIZATION AND

16 MANAGEMENT

17 Subtitle A—Duties and Functions

18 of Department of Defense Offi19 cers and Organizations

20 SEC. 901. DIRECTORS OF SMALL BUSINESS PROGRAMS.

21 (a) REDESIGNATION OF EXISTING POSITIONS AND

22 OFFICES.—(1) Each of the following positions within the

23 Department of Defense is redesignated as the Director of

24 Small Business Programs:
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1 (A) The Director of Small and Disadvantaged

2 Business Utilization of the Department of Defense.

3 (B) The Director of Small and Disadvantaged

4 Business Utilization of the Department of the Army.

5 (C) The Director of Small and Disadvantaged

6 Business Utilization of the Department of the Navy.

7 (D) The Director of Small and Disadvantaged

8 Business Utilization of the Department of the Air

9 Force.

10 (2) Each of the following offices within the Depart11 ment of Defense is redesignated as the Office of Small

12 Business Programs:

13 (A) The Office of Small and Disadvantaged

14 Business Utilization of the Department of Defense.

15 (B) The Office of Small and Disadvantaged

16 Business Utilization of the Department of the Army.

17 (C) The Office of Small and Disadvantaged

18 Business Utilization of the Department of the Navy.

19 (D) The Office of Small and Disadvantaged

20 Business Utilization of the Department of the Air

21 Force.

22 (3) Any reference in any law, regulation, document,

23 paper, or other record of the United States to a position

24 or office redesignated by paragraph (1) or (2) shall be
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1 deemed to be a reference to the position or office as so

2 redesignated.

3 (b) DEPARTMENT OF DEFENSE POSITION AND OF4 FICE.—(1) Chapter 4 of title 10, United States Code, is

5 amended by inserting after section 133b the following new

6 section:

7 ‘‘§ 133c. Director of Small Business Programs

8 ‘‘(a) DIRECTOR.—There is a Director of Small Busi9 ness Programs in the Department of Defense. The Direc10 tor is appointed by the Secretary of Defense.

11 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

12 Office of Small Business Programs of the Department of

13 Defense is the office that is established within the Office

14 of the Secretary of Defense under section 15(k) of the

15 Small Business Act (15 U.S.C. 644(k)). The Director of

16 Small Business Programs is the head of such office.

17 ‘‘(c) DUTIES AND POWERS.—(1) The Director of

18 Small Business Programs shall, subject to paragraph (2),

19 perform such duties regarding small business programs of

20 the Department of Defense, and shall exercise such powers

21 regarding those programs, as the Secretary of Defense

22 may prescribe.

23 ‘‘(2) Section 15(k) of the Small Business Act (15

24 U.S.C. 644(k)), except for the designations of the Director
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1 and the Office, applies to the Director of Small Business

2 Programs.’’.

3 (2) The table of sections at the beginning of such

4 chapter is amended by inserting after the item relating

5 to section 133b the following new item:

‘‘133c. Director of Small Business Programs.’’.

6 (c) DEPARTMENT OF THE ARMY POSITION AND OF7 FICE.—(1) Chapter 303 of title 10, United States Code,

8 is amended by adding at the end the following new section:

9 ‘‘§ 3024. Director of Small Business Programs

10 ‘‘(a) DIRECTOR.—There is a Director of Small Busi11 ness Programs in the Department of the Army. The Direc12 tor is appointed by the Secretary of the Army.

13 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

14 Office of Small Business Programs of the Department of

15 the Army is the office that is established within the De16 partment of the Army under section 15(k) of the Small

17 Business Act (15 U.S.C. 644(k)). The Director of Small

18 Business Programs is the head of such office.

19 ‘‘(c) DUTIES AND POWERS.—(1) The Director of

20 Small Business Programs shall, subject to paragraph (2),

21 perform such duties regarding small business programs of

22 the Department of the Army, and shall exercise such pow23 ers regarding those programs, as the Secretary of the

24 Army may prescribe.
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1 ‘‘(2) Section 15(k) of the Small Business Act (15

2 U.S.C. 644(k)), except for the designations of the Director

3 and the Office, applies to the Director of Small Business

4 Programs.’’.

5 (2) The table of sections at the beginning of such

6 chapter is amended by adding at the end the following

7 new item:

‘‘3024. Director of Small Business Programs.’’.

8 (d) DEPARTMENT OF THE NAVY POSITION AND OF9 FICE.—(1) Chapter 503 of title 10, United States Code,

10 is amended by adding at the end the following new section:

11 ‘‘§ 5028. Director of Small Business Programs

12 ‘‘(a) DIRECTOR.—There is a Director of Small Busi13 ness Programs in the Department of the Navy. The Direc14 tor is appointed by the Secretary of the Navy.

15 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

16 Office of Small Business Programs of the Department of

17 the Navy is the office that is established within the De18 partment of the Navy under section 15(k) of the Small

19 Business Act (15 U.S.C. 644(k)). The Director of Small

20 Business Programs is the head of such office.

21 ‘‘(c) DUTIES AND POWERS.—(1) The Director of

22 Small Business Programs shall, subject to paragraph (2),

23 perform such duties regarding small business programs of

24 the Department of the Navy, and shall exercise such pow-
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1 ers regarding those programs, as the Secretary of the

2 Navy may prescribe.

3 ‘‘(2) Section 15(k) of the Small Business Act (15

4 U.S.C. 644(k)), except for the designations of the Director

5 and the Office, applies to the Director of Small Business

6 Programs.’’.

7 (2) The table of sections at the beginning of such

8 chapter is amended by adding at the end the following

9 new item:

‘‘5028. Director of Small Business Programs.’’.

10 (d) DEPARTMENT OF THE AIR FORCE POSITION AND

11 OFFICE.—(1) Chapter 803 of title 10, United States

12 Code, is amended by adding at the end the following new

13 section:

14 ‘‘§ 8024. Director of Small Business Programs

15 ‘‘(a) DIRECTOR.—There is a Director of Small Busi16 ness Programs in the Department of the Air Force. The

17 Director is appointed by the Secretary of the Air Force.

18 ‘‘(b) OFFICE OF SMALL BUSINESS PROGRAMS.—The

19 Office of Small Business Programs of the Department of

20 the Air Force is the office that is established within the

21 Department of the Air Force under section 15(k) of the

22 Small Business Act (15 U.S.C. 644(k)). The Director of

23 Small Business Programs is the head of such office.

24 ‘‘(c) DUTIES AND POWERS.—(1) The Director of

25 Small Business Programs shall, subject to paragraph (2),
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1 perform such duties regarding small business programs of

2 the Department of the Air Force, and shall exercise such

3 powers regarding those programs, as the Secretary of the

4 Air Force may prescribe.

5 ‘‘(2) Section 15(k) of the Small Business Act (15

6 U.S.C. 644(k)), except for the designations of the Director

7 and the Office, applies to the Director of Small Business

8 Programs.’’.

9 (2) The table of sections at the beginning of such

10 chapter is amended by adding at the end the following

11 new item:

‘‘8024. Director of Small Business Programs.’’.

12 SEC. 902. EXECUTIVE AGENT FOR ACQUISITION OF CAPA13 BILITIES TO DEFEND THE HOMELAND

14 AGAINST CRUISE MISSILES AND OTHER LOW15 ALTITUDE AIRCRAFT.

16 (a) DESIGNATION OF EXECUTIVE AGENT.—The Sec17 retary of Defense shall designate an official within the De18 partment of Defense to act as executive agent to manage

19 the acquisition of capabilities necessary to defend the

20 homeland against cruise missiles, unmanned aerial vehi21 cles, and other low-altitude aircraft that may be launched

22 against the United States.

23 (b) COORDINATION OF ACTIVITIES.—The official des24 ignated as executive agent under subsection (a) shall, in

25 order to promote commonality and limit duplication of ef-
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1 fort, coordinate in the acquisition of capabilities described

2 in that subsection with appropriate officials of the fol3 lowing:

4 (1) The Missile Defense Agency.

5 (2) The Joint Theater Air and Missile Defense

6 Organization.

7 (3) The United States Northern Command.

8 (4) The United States Strategic Command.

9 (5) Such other elements of the Department of

10 Defense, and of other departments and agencies of

11 the United States Government, as the Secretary con12 siders appropriate for purposes of this section.

13 (c) PLAN FOR DEFENSE AGAINST ATTACK.—

14 (1) PLAN REQUIRED.—Not later than 180 days

15 after the date of the enactment of this Act, the Sec16 retary of Defense shall submit to the congressional

17 defense committees a plan for the defense of the

18 United States against cruise missiles, unmanned

19 aerial vehicles, and other low altitude aircraft that

20 may be launched against the United States.

21 (2) FOCUS OF PLAN.—In developing the plan,

22 the Secretary shall focus on the role of Department

23 of Defense components in the defense of the United

24 States against an attack described in paragraph (1),

25 but shall also address the role, if any, of other de-
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1 partments and agencies of the United States Gov2 ernment in that defense.

3 (3) ELEMENTS.—The plan shall include the fol4 lowing:

5 (A) An identification of the capabilities re6 quired by the Department of Defense in order

7 to fulfill its mission to defend the homeland

8 against cruise missiles, unmanned aerial vehi9 cles, and other low altitude aircraft, and an

10 identification of any current shortfalls in such

11 capabilities.

12 (B) A schedule for implementing the plan.

13 (C) A statement of the funding required to

14 implement the Department of Defense portion

15 of the plan.

16 (D) An identification of the roles and mis17 sions, if any, of other departments and agencies

18 of the United States Government in contrib19 uting to the defense of the United States

20 against attack described in subparagraph (A).

21 (4) SCOPE OF PLAN.—The plan shall be coordi22 nated with Department of Defense plans for defend23 ing the United States against attack by short-range

24 to medium-range ballistic missiles.
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1 SEC. 903. PROVISION OF AUDIOVISUAL SUPPORT SERVICES

2 BY THE WHITE HOUSE COMMUNICATIONS

3 AGENCY.

4 (a) PROVISION ON NONREIMBURSABLE BASIS.—Sec5 tion 912 of the National Defense Authorization Act for

6 Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2623;

7 10 U.S.C. 111 note) is amended—

8 (1) in subsection (a)—

9 (A) in the subsection caption, by inserting

10 ‘‘AND AUDIOVISUAL SUPPORT SERVICES’’ after

11 ‘‘TELECOMMUNICATIONS SUPPORT’’; and

12 (B) by inserting ‘‘and audiovisual support

13 services’’ after ‘‘provision of telecommunications

14 support’’; and

15 (2) in subsection (b), by inserting ‘‘and audio16 visual’’ after ‘‘other than telecommunications’’.

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

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

19 shall apply with respect to the provision of audiovisual

20 support services by the White House Communications

21 Agency in fiscal years beginning on or after that date.

22 SEC. 904. AMERICAN FORCES NETWORK.

23 (a) FINDINGS.—The Senate makes the following

24 findings:

25 (1) The mission of the American Forces Radio

26 and Television Service (AFRTS) and its American
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1 Forces Network (AFN), a worldwide radio and tele2 vision broadcast network, is to deliver command in3 formation by providing United States military com4 manders overseas and at sea with a broadcast media

5 that effectively communicates information to per6 sonnel under their commands, including information

7 from the Department of Defense, information from

8 the Armed Forces, and information unique to the

9 theater and localities in which such personnel are

10 stationed or deployed.

11 (2) The American Forces Radio and Television

12 Service and the American Forces Network provide a

13 ‘‘touch of home’’ to members of the Armed Forces,

14 civilian employees of the Department of Defense,

15 and their families stationed at bases and at embas16 sies and consulates in more than 179 countries, as

17 well as Navy, Coast Guard, and Military Sealift

18 Command ships at sea, by providing the same type

19 and quality of radio and television programming (in20 cluding news, information, sports, and entertain21 ment) that would be available in the continental

22 United States. Additionally, the American Forces

23 Network plays an important role in enabling military

24 commanders to disseminate official information to

25 members of the Armed Forces and their families,
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1 thus making popularity and acceptance key factors

2 in ensuring effective communication.

3 (3) It is American Forces Radio and Television

4 Service and American Forces Network policy that,

5 except for the Pentagon Channel service, program6 ming is acquired from distributors of the most pop7 ular television program airing in the continental

8 United States. Much of the programming is provided

9 at no cost to the United States Government. The re10 mainder of the programming is provided at less11 than-market rates to cover distributors’ costs and

12 obligations. Depending on the audience segment or

13 demographic targeted, programs that perform well

14 are acquired and scheduled to maximize audiences

15 for internal and command information exposure.

16 (4) American Forces Radio and Television

17 Service and American Forces Network select pro18 gramming that represents a cross-section of popular

19 American radio and television, tailored toward the

20 worldwide audience of the American Forces Radio

21 and Television Service and the American Forces

22 Network. Schedules emulate programming practices

23 in the United States, and programs are aired in ac24 cordance with network broadcast standards. Specifi25 cally, policy on programming seeks—
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1 (A) to provide balance and diversity;

2 (B) to deliver a cross-section of popular

3 programming;

4 (C) to target appropriate demographics;

5 and

6 (D) to maintain network broadcast stand7 ards.

8 (5) The ‘‘Voice Channel’’, or radio program9 ming, of the American Forces Radio and Television

10 Service and American Forces Network is chosen to

11 address requirements specified by the military

12 broadcasting services and the detachment com13 manders of their affiliate radio stations. American

14 Forces Network Radio makes a best faith effort to

15 obtain the top-rated program of its sort at the time

16 of selection, at no cost to the United States Govern17 ment. American Forces Network Radio usually re18 tains a scheduled program until it is no longer pro19 duced, too few American Forces Network affiliates

20 choose to schedule the program locally, or a similar

21 program so thoroughly dominates its audience in the

22 United States that the American Forces Radio and

23 Television Service switches to this program to offer

24 the higher rated show to the overseas audience.
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1 (6) American Forces Network Radio personnel

2 review the major trade publications to monitor an3 nouncements of new programs, follow the ratings of

4 established programs, and keep aware of program5 ming trends. When a program addressing a need

6 identified by a Military Broadcasting Service or an

7 American Forces Network affiliate becomes available

8 to the American Forces Network, or a program

9 seems especially worthy of consideration, American

10 Forces Network Radio informs the affiliates and

11 supplies samples to gauge affiliate interest. If affili12 ates commit to broadcasting the new show, Amer13 ican Forces Network Radio seeks to schedule it.

14 (7) The managers of the American Forces

15 Radio and Television Service continually update

16 their programming options and, in November 2005,

17 decided to include additional programs that meet the

18 criteria that American Forces Radio and Television

19 Service managers apply to such decisions, and that,

20 consistent with American Forces Radio and Tele21 vision Service and American Forces Network proce22 dures, local programmers at 33 locations around the

23 globe decide which programs actually are broadcast.

24 American Forces Radio and Television Service have
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1 consistently sought to provide a broad, high quality

2 range of choices for local station managers.

3 (b) SENSE OF SENATE.—It is the sense of the Senate

4 that—

5 (1) the men and women of the American Forces

6 Radio and Television Service and the Armed Forces

7 Network should be commended for providing a vital

8 service to the military community worldwide; and

9 (2) the programming mission, themes, and

10 practices of the Department of Defense with respect

11 to its television and radio programming have fairly

12 and responsively fulfilled their mission of providing

13 a ‘‘touch of home’’ to members of the Armed Forces

14 and their families around the world and have con15 tributed immeasurably to high morale and quality of

16 life in the Armed Forces.

17 (c) AUTHORITY TO APPOINT OMBUDSMAN AS INTER18 MEDIARY.—The Secretary of Defense may appoint an in19 dividual to serve as ombudsman of the American Forces

20 Network. Any ombudsman so appointed shall act as an

21 intermediary between the staff of the American Forces

22 Network and the Department of Defense, military com23 manders, and listeners to the programming of the Amer24 ican Forces Network.
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1 SEC. 905. REPORT ON ESTABLISHMENT OF A DEPUTY SEC2 RETARY OF DEFENSE FOR MANAGEMENT.

3 (a) Not later than 15 days after the enactment of

4 this Act, the Secretary of Defense shall select two Feder5 ally Funded Research and Development Centers to con6 duct independent studies of the feasibility and advisability

7 of establishing a Deputy Secretary of Defense for Manage8 ment. Each study under this section shall be delivered to

9 the Secretary and the congressional defense committees

10 not later than March 15, 2006.

11 (b) CONTENT OF STUDIES.—Each study required by

12 this section shall address—

13 (1) the extent to which the establishment of a

14 Deputy Secretary of Defense for Management

15 would:

16 (A) improve the management of the De17 partment of Defense;

18 (B) expedite the process of management

19 reform in the Department; and

20 (C) enhance the implementation of busi21 ness systems modernization in the Department;

22 (2) the appropriate relationship of the Deputy

23 Secretary of Defense for Management to other De24 partment of Defense officials;

25 (3) the appropriate term of service for a Deputy

26 Secretary of Defense for Management; and
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1 (4) the experience of any other Federal agencies

2 that have instituted similar management positions.

3 (c) For the purposes of this section, a Deputy Sec4 retary of Defense for Management is an official who—

5 (1) serves as the Chief Management Officer of

6 the Department of Defense;

7 (2) is the principal advisor to the Secretary of

8 Defense on matters relating to the management of

9 the Department of Defense, including defense busi10 ness activities, to ensure Department-wide capability

11 to carry out the strategic plan of the Department of

12 Defense in support of national security objectives;

13 and

14 (3) takes precedence in the Department of De15 fense immediately after the Deputy Secretary of De16 fense.

17 SEC. 906. REDESIGNATION OF THE NAVAL RESERVE AS THE

18 NAVY RESERVE.

19 (a) REDESIGNATION OF RESERVE COMPONENT.—

20 The reserve component of the Armed Forces known as the

21 Naval Reserve is redesignated as the Navy Reserve.

22 (b) CONFORMING AMENDMENTS TO TITLE 10,

23 UNITED STATES CODE.—

24 (1) TEXT AMENDMENTS.—Title 10, United

25 States Code, is amended by striking ‘‘Naval Re-
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1 serve’’ each place it appears in a provision as follows

2 and inserting ‘‘Navy Reserve’’:

3 (A) Section 513(a).

4 (B) Section 516.

5 (C) Section 526(b)(2)(C)(i).

6 (D) Section 971(a).

7 (E) Section 5001(a)(1).

8 (F) Section 5143.

9 (G) Section 5596(c).

10 (H) Section 6323(f).

11 (I) Section 6327.

12 (J) Section 6330(b).

13 (K) Section 6331(a)(2).

14 (L) Section 6336.

15 (M) Section 6389.

16 (N) Section 6911(c)(1).

17 (O) Section 6913(a).

18 (P) Section 6915.

19 (Q) Section 6954(b)(3).

20 (R) Section 6956(a)(2).

21 (S) Section 6959.

22 (T) Section 7225.

23 (U) Section 7226.

24 (V) Section 7605(1).

25 (W) Section 7852.
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1 (X) Section 7853.

2 (Y) Section 7854.

3 (Z) Section 10101(3).

4 (AA) Section 10108.

5 (BB) Section 10172.

6 (CC) Section 10301(a)(7).

7 (DD) Section 10303.

8 (EE) Section 12004(e)(2).

9 (FF) Section 12005.

10 (GG) Section 12010.

11 (HH) Section 12011(a)(2).

12 (II) Section 12012(a).

13 (JJ) Section 12103.

14 (KK) Section 12205.

15 (LL) Section 12207(b)(2).

16 (MM) Section 12732.

17 (NN) Section 12774(b) (other than the

18 first place it appears).

19 (OO) Section 14002(b).

20 (PP) Section 14101(a)(1).

21 (QQ) Section 14107(d).

22 (RR) Section 14302(a)(1)(A).

23 (SS) Section 14313(b).

24 (TT) Section 14501(a).

25 (UU) Section 14512(b).
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1 (VV) Section 14705(a).

2 (WW) Section 16201(d)(1)(B)(ii).

3 (2) CAPTION AMENDMENTS.—Such title is fur4 ther amended by striking ‘‘NAVAL RESERVE’’ each

5 place it appears in a provision as follows and insert6 ing ‘‘NAVY RESERVE’’:

7 (A) Section 971(a).

8 (B) Section 5143(a).

9 (3) SECTION HEADING AMENDMENTS.—(A) The

10 heading of section 5143 of such title is amended to

11 read as follows:

12 ‘‘§ 5143. Office of Navy Reserve: appointment of

13 Chief’’.

14 (B) The heading of section 6327 of such title

15 is amended to read as follows:

16 ‘‘§ 6327. Officers and enlisted members of the Navy

17 Reserve and Marine Corps Reserve: 30

18 years; 20 years; retired pay’’.

19 (C) The heading of section 6389 of such title

20 is amended to read as follows:
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1 ‘‘§ 6389. Navy Reserve and Marine Corps Reserve; of2 ficers: elimination from active status;

3 computation of total commissioned serv4 ice’’.

5 (D) The heading of section 7225 of such title

6 is amended to read as follows:

7 ‘‘§ 7225. Navy Reserve flag’’.

8 (E) The heading of section 7226 of such title

9 is amended to read as follows:

10 ‘‘§ 7226. Navy Reserve yacht pennant’’.

11 (F) The heading of section 10108 of such title

12 is amended to read as follows:

13 ‘‘§ 10108. Navy Reserve: administration’’.

14 (G) The heading of section 10172 of such title

15 is amended to read as follows:

16 ‘‘§ 10172. Navy Reserve Force’’.

17 (H) The heading of section 10303 of such title

18 is amended to read as follows:

19 ‘‘§ 10303. Navy Reserve Policy Board’’.

20 (I) The heading of section 12010 of such title

21 is amended to read as follows:

22 ‘‘§ 12010. Computations for Navy Reserve and Marine

23 Corps Reserve: rule when fraction occurs

24 in final result’’.

25 (J) The heading of section 14306 of such title

26 is amended to read as follows:
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1 ‘‘§ 14306. Establishment of promotion zones: Navy Re2 serve and Marine Corps Reserve running

3 mate system’’.

4 (4) TABLES OF CONTENTS AMENDMENTS.—(A)

5 The table of sections at the beginning of chapter

6 513 of such title is amended by striking the item re7 lating to section 5143 and inserting the following

8 new item:

‘‘5143. Office of Navy Reserve: appointment of Chief.’’.

9 (B) The table of sections at the beginning of

10 chapter 571 of such title is amended by striking the

11 item relating to section 6327 and inserting the fol12 lowing new item:

‘‘6327. Officers and enlisted members of the Navy Reserve and Marine Corps

Reserve: 30 years; 20 years; retired pay.’’.

13 (C) The table of sections at the beginning of

14 chapter 573 of such title is amended by striking the

15 item relating to section 6389 and inserting the fol16 lowing new item:

‘‘6389. Navy Reserve and Marine Corps Reserve; officers: elimination from active status; computation of total commissioned service.’’.

17 (D) The table of sections at the beginning of

18 chapter 631 of such title is amended by striking the

19 items relating to sections 7225 and 7226 and insert20 ing the following new items:

‘‘7225. Navy Reserve flag.

‘‘7226. Navy Reserve yacht pennant.’’.
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1 (E) The table of sections at the beginning of

2 chapter 1003 of such title is amended by striking

3 the item relating to section 10108 and inserting the

4 following new item:

‘‘10108. Navy Reserve: administration.’’.

5 (F) The table of sections at the beginning of

6 chapter 1006 of such title is amended by striking

7 the item relating to section 10172 and inserting the

8 following new item:

‘‘10172. Navy Reserve Force.’’.

9 (G) The table of sections at the beginning of

10 chapter 1009 of such title is amended by striking

11 the item relating to section 10303 and inserting the

12 following new item:

‘‘10303. Navy Reserve Policy Board.’’.

13 (H) The table of sections at the beginning of

14 chapter 1201 of such title is amended by striking

15 the item relating to section 12010 and inserting the

16 following new item:

‘‘12010. Computations for Navy Reserve and Marine Corps Reserve: rule when

fraction occurs in final result.’’.

17 (I) The table of sections at the beginning of

18 chapter 1405 of such title is amended by striking

19 the item relating to section 14306 and inserting the

20 following new item:

‘‘14306. Establishment of promotion zones: Navy Reserve and Marine Corps Reserve running mate system.’’.
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1 (c) CONFORMING AMENDMENT TO TITLE 14,

2 UNITED STATES CODE.—Section 705 of title 14, United

3 States Code, is amended by striking ‘‘Naval Reserve’’ each

4 place it appears and inserting ‘‘Navy Reserve’’.

5 (d) CONFORMING AMENDMENTS TO TITLE 37,

6 UNITED STATES CODE.—

7 (1) TEXT AMENDMENTS.—Title 37, United

8 States Code, is amended by striking ‘‘Naval Re9 serve’’ each place it appears in a provision as follows

10 and inserting ‘‘Navy Reserve’’:

11 (A) Section 101(24)(C).

12 (B) Section 201(d).

13 (C) Section 205(a)(2)(I).

14 (D) Section 301c(d).

15 (E) Section 319(a).

16 (F) Section 905.

17 (2) CAPTION AMENDMENT.—Section 301c(d) of

18 such title is further amended by striking ‘‘NAVAL

19 RESERVE’’ and inserting ‘‘NAVY RESERVE’’.

20 (e) CONFORMING AMENDMENTS TO TITLE 38,

21 UNITED STATES CODE.—Title 38, United States Code, is

22 amended by striking ‘‘Naval Reserve’’ each place it ap23 pears in a provision as follows and inserting ‘‘Navy Re24 serve’’:

25 (1) Section 101(27)(B).
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1 (2) Section 3002(6)(C).

2 (3) Section 3202(1)(C)(iii).

3 (4) Section 3452(a)(3)(C).

4 (f) CONFORMING AMENDMENTS TO OTHER CODI5 FIED TITLES.—

6 (1) TITLE 5, UNITED STATES CODE.—Section

7 2108(1)(B) of title 5, United States Code, is amend8 ed by striking ‘‘Naval Reserve’’ and inserting ‘‘Navy

9 Reserve’’.

10 (2) TITLE 18, UNITED STATES CODE.—Section

11 2387(b) of title 18, United States Code, is amended

12 by striking ‘‘Naval Reserve’’ and inserting ‘‘Navy

13 Reserve’’.

14 (3) TITLE 46, UNITED STATES CODE.—(A)

15 Title 46, United States Code, is amended by striking

16 ‘‘Naval Reserve’’ each place it appears in a provision

17 as follows and inserting ‘‘Navy Reserve’’:

18 (i) Section 8103(g).

19 (ii) Section 8302(g).

20 (B) The heading of section 8103 of such title

21 is amended to read as follows:

22 ‘‘§ 8103. Citizenship and Navy Reserve requirements’’.

23 (C) The table of sections at the beginning of

24 chapter 81 of such title is amended by striking the
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1 item relating to section 8103 and inserting the fol2 lowing new item:

‘‘8103. Citizenship and Navy Reserve requirements.’’.

3 (g) CONFORMING AMENDMENTS TO OTHER LAWS.—

4 (1) Section 2301(4)(C) of the Elementary and

5 Secondary Education Act of 1965 (20 U.S.C.

6 6671(4)(C)) is amended by striking ‘‘Naval Re7 serve’’ and inserting ‘‘Navy Reserve’’.

8 (2)(A) The Merchant Marine Act, 1936 is

9 amended by striking ‘‘Naval Reserve’’ each place it

10 appears in a provision as follows and inserting

11 ‘‘Navy Reserve’’:

12 (i) Section 301(b) (46 U.S.C. App.

13 1131(b)).

14 (ii) Section 1303 (46 U.S.C. App. 1295b).

15 (iii) Section 1304 (46 U.S.C. App. 1295c).

16 (B) Such Act is further amended by striking

17 ‘‘NAVAL RESERVE’’ each place it appears in a provi18 sion as follows and inserting ‘‘NAVY RESERVE’’:

19 (i) Section 1303(c).

20 (ii) 1304(h).

21 (3)(A) Section 6(a)(1) of the Military Selective

22 Service Act (50 U.S.C. App. 456(a)(1)) is amended

23 by striking ‘‘United States Naval Reserves’’ and in24 serting ‘‘members of the United States Navy Re25 serve’’.
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1 (B) Section 16(i) of such Act (50 U.S.C. App.

2 466(i)) is amended by striking ‘‘Naval Reserve’’ and

3 inserting ‘‘Navy Reserve’’.

4 (h) OTHER REFERENCES.—Any reference in any law,

5 regulation, document, record, or other paper of the United

6 States to the Naval Reserve, other than a reference to the

7 Naval Reserve regarding the United States Naval Reserve

8 Retired List, shall be considered to be a reference to the

9 Navy Reserve.

10 SEC. 907. RESPONSIBILITY OF THE JOINT CHIEFS OF STAFF

11 AS MILITARY ADVISERS TO THE HOMELAND

12 SECURITY COUNCIL.

13 (a) RESPONSIBILITY AS MILITARY ADVISERS.—

14 (1) IN GENERAL.—Subsection (b) of section

15 151 of title 10, United States Code, is amended—

16 (A) in paragraph (1), by inserting ‘‘the

17 Homeland Security Council,’’ after ‘‘the Na18 tional Security Council,’’; and

19 (B) in paragraph (2), by inserting ‘‘the

20 Homeland Security Council,’’ after ‘‘the Na21 tional Security Council,’’.

22 (2) CONSULTATION BY CHAIRMAN.—Subsection

23 (c)(2) of such section is amended by inserting ‘‘the

24 Homeland Security Council,’’ after ‘‘the National

25 Security Council,’’ both places it appears.
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1 (3) ADVICE AND OPINIONS OF MEMBERS OTHER

2 THAN CHAIRMAN.—Subsection (d) of such section is

3 amended—

4 (A) in paragraph (1), by inserting ‘‘the

5 Homeland Security Council,’’ after ‘‘the Na6 tional Security Council,’’ both places it appears;

7 and

8 (B) in paragraph (2), by inserting ‘‘the

9 Homeland Security Council,’’ after ‘‘the Na10 tional Security Council,’’.

11 (4) ADVICE ON REQUEST.—Subsection (e) of

12 such section is amended by inserting ‘‘the Homeland

13 Security Council,’’ after ‘‘the National Security

14 Council,’’ both places it appears.

15 (b) ATTENDANCE AT MEETING OF HOMELAND SECU16 RITY COUNCIL.—Section 903 of the Homeland Security

17 Act of 2002 (6 U.S.C. 493) is amended—

18 (1) by inserting ‘‘(a) MEMBERS.—’’ before

19 ‘‘The members’’; and

20 (2) by adding at the end the following new sub21 section:

22 ‘‘(b) ATTENDANCE OF CHAIRMAN OF JOINT CHIEFS

23 OF STAFF AT MEETINGS.—The Chairman of the Joint

24 Chiefs of Staff (or, in the absence of the Chairman, the

25 Vice Chairman of the Joint Chiefs of Staff) may, in the
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1 role of the Chairman of the Joint Chiefs of Staff as prin2 cipal military adviser to the Homeland Security Council

3 and subject to the direction of the President, attend and

4 participate in meetings of the Homeland Security Coun5 cil.’’.

6 Subtitle B—Space Activities

7 SEC. 911. ADVISORY COMMITTEE ON DEPARTMENT OF DE8 FENSE REQUIREMENTS FOR SPACE CON9 TROL.

10 (a) ADVISORY COMMITTEE REQUIRED.—

11 (1) IN GENERAL.—The Secretary of Defense

12 shall provide for an advisory committee to review

13 and assess Department of Defense requirements for

14 space control.

15 (2) NEW OR EXISTING ADVISORY COM16 MITTEE.—The Secretary may carry out paragraph

17 (1) through the establishment of a new advisory

18 committee, or the utilization of a current advisory

19 committee, meeting the requirements of subsection

20 (b)(1).

21 (b) MEMBERSHIP AND ADMINISTRATION OF ADVI22 SORY COMMITTEE.—

23 (1) MEMBERSHIP.—The advisory committee

24 under subsection (a) shall consist of individuals from

25 among officers and employees of the Federal Gov-
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1 ernment, and private citizens of the United States,

2 with knowledge and expertise in national security

3 space policy.

4 (2) ADMINISTRATION.—The Secretary shall es5 tablish appropriate procedures for the administra6 tion of the advisory committee for purposes of this

7 section, including designation of the chairman of the

8 advisory committee from among its members.

9 (3) SECURITY CLEARANCES.—All members of

10 the advisory committee shall hold security clearances

11 appropriate for the work of the advisory committee.

12 (4) FIRST MEETING.—The advisory committee

13 shall convene its first meeting for purposes of this

14 section not later than 30 days after the date on

15 which all members of the advisory committee have

16 been selected for such purposes.

17 (c) DUTIES.—The advisory committee shall conduct

18 a review and assessment of the following:

19 (1) The requirements of the Department of De20 fense for its space control mission and the efforts of

21 the Department to fulfill such requirements.

22 (2) Whether or not the Department of Defense

23 is allocating appropriate resources to fulfill the cur24 rent space control mission of the Department when
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1 compared with the allocation by the Department of

2 resources to other military space missions.

3 (3) The plans of the Department of Defense to

4 meet its future space control mission.

5 (d) INFORMATION FROM FEDERAL AND STATE

6 AGENCIES.—

7 (1) IN GENERAL.—The advisory committee may

8 secure directly from the Department of Defense,

9 from any other department or agency of the Federal

10 Government, and any State government any infor11 mation that the advisory committee considers nec12 essary to carry out its duties under this section.

13 (2) LIAISON.—The Secretary of Defense shall

14 designate at least one senior civilian employee of the

15 Department of Defense and at least one general or

16 flag officer of an Armed Force to serve as liaison be17 tween the Department, the Armed Forces, and the

18 advisory committee for purposes of this section.

19 (e) REPORT.—

20 (1) IN GENERAL.—Not later than 6 months

21 after the date of the first meeting of the advisory

22 committee under subsection (b)(4), the advisory

23 committees shall submit to the Secretary of Defense

24 and the congressional defense committees a report
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1 on the results of the review and assessment under

2 subsection (c).

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

4 (A) the findings and conclusions of the ad5 visory committee on the requirements of the

6 Department of Defense for its space control

7 mission and the efforts of the Department to

8 fulfill such requirements; and

9 (B) any recommendations that the advi10 sory committee considers appropriate regarding

11 the best means by which the Department may

12 fulfill such requirements.

13 (f) TERMINATION.—The advisory committee shall

14 terminate for purposes of this section 10 months after the

15 date of the first meeting of the advisory committee under

16 subsection (b)(4).

17 (g) SPACE CONTROL MISSION.—In this section, the

18 term ‘‘space control mission’’ means the mission of the

19 Department of Defense involving the following:

20 (1) Space situational awareness.

21 (2) Defensive counterspace operations.

22 (3) Offensive counterspace operations.

23 (h) FUNDING.—Amounts authorized to be appro24 priated to the Department of Defense shall be available
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1 to the Secretary of Defense for purposes of the activities

2 of the advisory committee under this section.

3 Subtitle C—Other Matters

4 SEC. 921. ACCEPTANCE OF GIFTS AND DONATIONS FOR DE5 PARTMENT OF DEFENSE REGIONAL CENTERS

6 FOR SECURITY STUDIES.

7 (a) AUTHORITY TO ACCEPT.—

8 (1) IN GENERAL.—Section 2611 of title 10,

9 United States Code, is amended to read as follows:

10 ‘‘§ 2611. Regional centers for security studies: accept11 ance of gifts and donations

12 ‘‘(a) AUTHORITY TO ACCEPT GIFTS AND DONA13 TIONS.—Subject to subsection (c), the Secretary of De14 fense may, on behalf of any Department of Defense re15 gional center for security studies, any combination of such

16 centers, or such centers generally, accept from any source

17 specified in subsection (b) any gift or donation for pur18 poses of defraying the costs, or enhancing the operation,

19 of such center, combination of centers, or centers gen20 erally, as the case may be.

21 ‘‘(b) SOURCES.—The sources from which gifts and

22 donations may be accepted under subsection (a) are the

23 following:

24 ‘‘(1) The government of a State or a political

25 subdivision of a State.
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1 ‘‘(2) The government of a foreign country.

2 ‘‘(3) A foundation or other charitable organiza3 tion, including a foundation or charitable organiza4 tion this is organized or operates under the laws of

5 a foreign country.

6 ‘‘(4) Any source in the private sector of the

7 United States or a foreign country.

8 ‘‘(c) LIMITATION.—The Secretary may not accept a

9 gift or donation under subsection (a) if acceptance of the

10 gift or donation would compromise or appear to

11 compromise—

12 ‘‘(1) the ability of the Department of Defense,

13 any employee of the Department, or any member of

14 the armed forces to carry out the responsibility or

15 duty of the Department in a fair and objective man16 ner; or

17 ‘‘(2) the integrity of any program of the De18 partment, or of any person involved in such a pro19 gram.

20 ‘‘(d) CRITERIA FOR ACCEPTANCE.—The Secretary

21 shall prescribe written guidance setting forth the criteria

22 to be used in determining whether the acceptance of a gift

23 or donation would have a result described in subsection

24 (c).
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1 ‘‘(e) CREDITING OF FUNDS.—(1) There is estab2 lished on the books of the Treasury of the United States

3 an account to be known as the ‘Regional Centers for Secu4 rity Studies Account’.

5 ‘‘(2) Gifts and donations of money accepted under

6 subsection (a) shall be credited to the Account, and shall

7 be available until expended, without further appropriation,

8 to defray the costs, or enhance the operation, of the re9 gional center, combination of centers, or centers generally

10 for which donated under that subsection.

11 ‘‘(f) GIFT OR DONATION DEFINED.—In this section,

12 the term ‘gift or donation’ means any gift or donation of

13 funds, materials (including research materials), real or

14 personal property, or services (including lecture services

15 and faculty services).’’.

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 155 of such title

18 is amended by striking the item relating to section

19 2611 and inserting the following new item:

‘‘2611. Regional centers for security studies: acceptance of gifts and donations.’’.

20 (b) CONFORMING AMENDMENTS.—

21 (1) Section 1306 of the National Defense Au22 thorization Act for Fiscal Year 1995 (Public Law

23 103–337; 108 Stat. 2892) is amended by striking

24 subsection (a).
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1 (2) Section 1065 of the National Defense Au2 thorization Act for Fiscal Year 1997 (10 U.S.C. 113

3 note) is amended—

4 (A) by striking subsection (a); and

5 (B) by redesignating subsections (b) and

6 (c) as subsections (a) and (b), respectively.

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

8 this section shall take effect on October 1, 2005.

9 SEC. 922. OPERATIONAL FILES OF THE DEFENSE INTEL10 LIGENCE AGENCY.

11 (a) PROTECTION OF OPERATIONAL FILES OF DE12 FENSE INTELLIGENCE AGENCY.—(1) Title VII of the Na13 tional Security Act of 1947 (50 U.S.C. 431 et. seq.) is

14 amended by adding at the end the following new section:

15 ‘‘OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE

16 AGENCY

17 ‘‘SEC. 705. (a) EXEMPTION OF OPERATIONAL

18 FILES.—The Director of the Defense Intelligence Agency,

19 in coordination with the Director of National Intelligence,

20 may exempt operational files of the Defense Intelligence

21 Agency from the provisions of section 552 of title 5,

22 United States Code, which require publication, disclosure,

23 search, or review in connection therewith.

24 ‘‘(b) OPERATIONAL FILES DEFINED.—(1) In this

25 section, the term ‘operational files’ means—
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1 ‘‘(A) files of the Directorate of Human Intel2 ligence of the Defense Intelligence Agency (and any

3 successor organization of that directorate) that doc4 ument the conduct of foreign intelligence or counter5 intelligence operations or intelligence or security liai6 son arrangements or information exchanges with for7 eign governments or their intelligence or security

8 services; and

9 ‘‘(B) files of the Directorate of Technology of

10 the Defense Intelligence Agency (and any successor

11 organization of that directorate) that document the

12 means by which foreign intelligence or counterintel13 ligence is collected through technical systems.

14 ‘‘(2) Files that are the sole repository of disseminated

15 intelligence are not operational files.

16 ‘‘(c) SEARCH AND REVIEW FOR INFORMATION.—

17 Notwithstanding subsection (a), exempted operational files

18 shall continue to be subject to search and review for infor19 mation concerning:

20 ‘‘(1) United States citizens or aliens lawfully

21 admitted for permanent residence who have re22 quested information on themselves pursuant to the

23 provisions of section 552 or 552a of title 5, United

24 States Code.
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1 ‘‘(2) Any special activity the existence of which

2 is not exempt from disclosure under the provisions

3 of section 552 of title 5, United States Code.

4 ‘‘(3) The specific subject matter of an investiga5 tion by any of the following for any impropriety, or

6 violation of law, Executive Order, or Presidential di7 rective, in the conduct of an intelligence activity:

8 ‘‘(A) The Committee on Armed Services

9 and the Permanent Select Committee on Intel10 ligence of the House of Representatives.

11 ‘‘(B) The Committee on Armed Services

12 and the Select Committee on Intelligence of the

13 Senate.

14 ‘‘(C) The Intelligence Oversight Board.

15 ‘‘(D) The Department of Justice.

16 ‘‘(E) The Office of General Counsel of the

17 Department of Defense or of the Defense Intel18 ligence Agency.

19 ‘‘(F) The Office of Inspector General of

20 the Department of Defense or of the Defense

21 Intelligence Agency.

22 ‘‘(G) The Office of the Director of the De23 fense Intelligence Agency.

24 ‘‘(d) INFORMATION DERIVED OR DISSEMINATED

25 FROM EXEMPTED OPERATIONAL FILES.—(1) Files that
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1 are not exempted under subsection (a) and contain infor2 mation derived or disseminated from exempted operational

3 files shall be subject to search and review.

4 ‘‘(2) The inclusion of information from exempted

5 operational files in files that are not exempted under sub6 section (a) shall not affect the exemption under subsection

7 (a) of the originating operational files from search, review,

8 publication, or disclosure.

9 ‘‘(3) The declassification of some of the information

10 contained in exempted operational files shall not affect the

11 status of the operational file as being exempt from search,

12 review, publication, or disclosure.

13 ‘‘(4) Records from exempted operational files that

14 have been disseminated to and referenced in files that are

15 not exempted under subsection (a) and that have been re16 turned to exempted operational files for sole retention

17 shall be subject to search and review.

18 ‘‘(e) ALLEGATION; IMPROPER WITHHOLDING OF

19 RECORDS; JUDICIAL REVIEW.—(1) Except as provided in

20 paragraph (2), whenever any person who has requested

21 agency records under section 552 of title 5, alleges that

22 the Defense Intelligence Agency has withheld records im23 properly because of failure to comply with any provision

24 of this section, judicial review shall be available under the
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1 terms set forth in section 552(a)(4)(B) of title 5, United

2 States Code.

3 ‘‘(2) Judicial review shall not be available in the man4 ner provided under paragraph (1) as follows:

5 ‘‘(A) In any case in which information specifi6 cally authorized under criteria established by an Ex7 ecutive order to be kept secret in the interest of na8 tional defense or foreign relations which is filed

9 with, or produced for, the court by the Defense In10 telligence Agency, such information shall be exam11 ined ex parte, in camera by the court.

12 ‘‘(B) The court shall determine, to the fullest

13 extent practicable, issues of fact based on sworn

14 written submissions of the parties.

15 ‘‘(C) When a complainant alleges that re16 quested records were improperly withheld because of

17 improper placement solely in exempted operational

18 files, the complainant shall support such allegation

19 with a sworn written submission based upon per20 sonal knowledge or otherwise admissible evidence.

21 ‘‘(D)(i) When a complainant alleges that re22 quested records were improperly withheld because of

23 improper exemption of operational files, the Defense

24 Intelligence Agency shall meet its burden under sec25 tion 552(a)(4)(B) of title 5, United States Code, by
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1 demonstrating to the court by sworn written submis2 sion that exempted operational files likely to contain

3 responsible records currently perform the functions

4 set forth in subsection (b).

5 ‘‘(ii) The court may not order the Defense In6 telligence Agency to review the content of any ex7 empted operational file or files in order to make the

8 demonstration required under clause (i), unless the

9 complainant disputes the Defense Intelligence Agen10 cy’s showing with a sworn written submission based

11 on personal knowledge or otherwise admissible evi12 dence.

13 ‘‘(E) In proceedings under subparagraphs (C)

14 and (D), the parties shall not obtain discovery pur15 suant to rules 26 through 36 of the Federal Rules

16 of Civil Procedure, except that requests for admis17 sion may be made pursuant to rules 26 and 36.

18 ‘‘(F) If the court finds under this subsection

19 that the Defense Intelligence Agency has improperly

20 withheld requested records because of failure to com21 ply with any provision of this subsection, the court

22 shall order the Defense Intelligence Agency to search

23 and review the appropriate exempted operational file

24 or files for the requested records and make such

25 records, or portions thereof, available in accordance
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1 with the provisions of section 552 of title 5, United

2 States Code, and such order shall be the exclusive

3 remedy for failure to comply with this section (other

4 than subsection (f)).

5 ‘‘(G) If at any time following the filing of a

6 complaint pursuant to this paragraph the Defense

7 Intelligence Agency agrees to search the appropriate

8 exempted operational file or files for the requested

9 records, the court shall dismiss the claim based upon

10 such complaint; and

11 ‘‘(H) Any information filed with, or produced

12 for the court pursuant to subparagraphs (A) and

13 (D) shall be coordinated with the Director of Na14 tional Intelligence before submission to the court.

15 ‘‘(f) DECENNIAL REVIEW OF EXEMPTED OPER16 ATIONAL FILES.—(1) Not less than once every 10 years,

17 the Director of the Defense Intelligence Agency and the

18 Director of National Intelligence shall review the exemp19 tions in force under subsection (a) to determine whether

20 such exemptions may be removed from a category of ex21 empted files or any portion thereof. The Director of Na22 tional Intelligence must approve any determinations to re23 move such exemptions.

24 ‘‘(2) The review required by paragraph (1) shall in25 clude consideration of the historical value or other public
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1 interest in the subject matter of the particular category

2 of files or portions thereof and the potential for declas3 sifying a significant part of the information contained

4 therein.

5 ‘‘(3) A complainant that alleges that the Defense In6 telligence Agency has improperly withheld records because

7 of failure to comply with this subsection may seek judicial

8 review in the district court of the United States of the

9 district in which any of the parties reside, or in the Dis10 trict of Columbia. In such a proceeding, the court’s review

11 shall be limited to determining the following:

12 ‘‘(A) Whether the Defense Intelligence Agency

13 has conducted the review required by paragraph (1)

14 before the expiration of the 10-year period beginning

15 on the date of the enactment of this section or be16 fore the expiration of the 10-year period beginning

17 on the date of the most recent review.

18 ‘‘(B) Whether the Defense Intelligence Agency,

19 in fact, considered the criteria set forth in paragraph

20 (2) in conducting the required review.’’.

21 (2) The table of contents for that Act is amended

22 by inserting after the item relating to section 704 the fol23 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 SEC. 924. UNITED STATES MILITARY CANCER INSTITUTE.

10 (a) ESTABLISHMENT.—Chapter 104 of title 10,

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

12 following new section:

13 ‘‘§ 2117. United States Military Cancer Institute

14 ‘‘(a) ESTABLISHMENT.—(1) There is a United States

15 Military Cancer Institute in the University. The Director

16 of the United States Military Cancer Institute is the head

17 of the Institute.

18 ‘‘(2) The Institute is composed of clinical and basic

19 scientists in the Department of Defense who have an ex20 pertise in research, patient care, and education relating

21 to oncology and who meet applicable criteria for participa22 tion in the Institute.

23 ‘‘(3) The components of the Institute include military

24 treatment and research facilities that meet applicable cri25 teria and are designated as affiliates of the Institute.
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1 ‘‘(b) RESEARCH.—(1) The Director of the United

2 States Military Cancer Institute shall carry out research

3 studies on the following:

4 ‘‘(A) The epidemiological features of cancer, in5 cluding assessments of the carcinogenic effect of ge6 netic and environmental factors, and of disparities in

7 health, inherent or common among populations of

8 various ethnic origins.

9 ‘‘(B) The prevention and early detection of can10 cer.

11 ‘‘(C) Basic, translational, and clinical investiga12 tion matters relating to the matters described in

13 subparagraphs (A) and (B).

14 ‘‘(2) The research studies under paragraph (1) shall

15 include complementary research on oncologic nursing.

16 ‘‘(c) COLLABORATIVE RESEARCH.—The Director of

17 the United States Military Cancer Institute shall carry out

18 the research studies under subsection (b) in collaboration

19 with other cancer research organizations and entities se20 lected by the Institute for purposes of the research studies.

21 ‘‘(d) ANNUAL REPORT.—(1) Promptly after the end

22 of each fiscal year, the Director of the United States Mili23 tary Cancer Institute shall submit to the President of the

24 University a report on the results of the research studies

25 carried out under subsection (b).
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1 ‘‘(2) Not later than 60 days after receiving the an2 nual report under paragraph (1), the President of the Uni3 versity shall transmit such report to the Secretary of De4 fense and to Congress.’’.

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

6 at the beginning of such chapter is amended by adding

7 at the end the following new item:

‘‘2117. United States Military Cancer Institute.’’.

8 SEC. 925. AUTHORITY FOR UNITED STATES AIR FORCE IN9 STITUTE OF TECHNOLOGY TO RECEIVE FAC10 ULTY RESEARCH GRANTS FOR CERTAIN PUR11 POSES.

12 Section 9314 of title 10, United States Code, is

13 amended by adding at the end the following new sub14 section:

15 ‘‘(d) ACCEPTANCE OF RESEARCH GRANTS.—(1) The

16 Secretary of the Air Force may authorize the Com17 mandant of the United States Air Force Institute of Tech18 nology to accept qualifying research grants. Any such

19 grant may only be accepted if the work under the grant

20 is to be carried out by a professor or instructor of the

21 Institute for a scientific, literary, or educational purpose.

22 ‘‘(2) For purposes of this subsection, a qualifying re23 search grant is a grant that is awarded on a competitive

24 basis by an entity referred to in paragraph (3) for a re-
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1 search project with a scientific, literary, or educational

2 purpose.

3 ‘‘(3) An entity referred to in this paragraph is a cor4 poration, fund, foundation, educational institution, or

5 similar entity that is organized and operated primarily for

6 scientific, literary, or educational purposes.

7 ‘‘(4) The Secretary shall establish an account for the

8 administration of funds received as qualifying research

9 grants under this subsection. Funds in the account with

10 respect to a grant shall be used in accordance with the

11 terms and condition of the grant and subject to applicable

12 provisions of the regulations prescribed under paragraph

13 (6).

14 ‘‘(5) Subject to such limitations as may be provided

15 in appropriations Acts, appropriations available for the

16 United States Air Force Institute of Technology may be

17 used to pay expenses incurred by the Institute in applying

18 for, and otherwise pursuing, the award of qualifying re19 search grants.

20 ‘‘(6) The Secretary of the Air Force shall prescribe

21 regulations for purposes of the administration of this sub22 section.’’.
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1 TITLE X—GENERAL PROVISIONS

2 Subtitle A—Financial Matters

3 SEC. 1001. TRANSFER AUTHORITY.

4 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

5 (1) AUTHORITY.—Upon determination by the

6 Secretary of Defense that such action is necessary in

7 the national interest, the Secretary may transfer

8 amounts of authorizations made available to the De9 partment of Defense in this division for fiscal year

10 2006 between any such authorizations for that fiscal

11 year (or any subdivisions thereof). Amounts of au12 thorizations so transferred shall be merged with and

13 be available for the same purposes as the authoriza14 tion to which transferred.

15 (2) AGGREGATE LIMITATION.—The total

16 amount of authorizations that the Secretary may

17 transfer under the authority of this section may not

18 exceed $3,500,000,000.

19 (b) LIMITATIONS.—The authority provided by this

20 section to transfer authorizations—

21 (1) may only be used to provide authority for

22 items that have a higher priority than the items

23 from which authority is transferred; and
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1 (2) may not be used to provide authority for an

2 item that has been denied authorization by Con3 gress.

4 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

5 transfer made from one account to another under the au6 thority of this section shall be deemed to increase the

7 amount authorized for the account to which the amount

8 is transferred by an amount equal to the amount trans9 ferred.

10 (d) NOTICE TO CONGRESS.—The Secretary shall

11 promptly notify Congress of each transfer made under

12 subsection (a).

13 SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

14 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

15 Annex prepared by the Committee on Armed Services of

16 the Senate to accompany its report on the bill S. 1042

17 of the One Hundred Ninth Congress and transmitted to

18 the President is hereby incorporated into this Act.

19 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

20 ACT.—The amounts specified in the Classified Annex are

21 not in addition to amounts authorized to be appropriated

22 by other provisions of this Act.

23 (c) LIMITATION ON USE OF FUNDS.—Funds appro24 priated pursuant to an authorization contained in this Act

25 that are made available for a program, project, or activity
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1 referred to in the Classified Annex may only be expended

2 for such program, project, or activity in accordance with

3 such terms, conditions, limitations, restrictions, and re4 quirements as are set out for that program, project, or

5 activity in the Classified Annex.

6 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

7 President shall provide for appropriate distribution of the

8 Classified Annex, or of appropriate portions of the annex,

9 within the executive branch of the Government.

10 SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COM11 MON-FUNDED BUDGETS IN FISCAL YEAR 2006.

12 (a) FISCAL YEAR 2006 LIMITATION.—The total

13 amount contributed by the Secretary of Defense in fiscal

14 year 2006 for the common-funded budgets of NATO may

15 be any amount up to, but not in excess of, the amount

16 specified in subsection (b) (rather than the maximum

17 amount that would otherwise be applicable to those con18 tributions under the fiscal year 1998 baseline limitation).

19 (b) TOTAL AMOUNT.—The amount of the limitation

20 applicable under subsection (a) is the sum of the following:

21 (1) The amounts of unexpended balances, as of

22 the end of fiscal year 2005, of funds appropriated

23 for fiscal years before fiscal year 2006 for payments

24 for those budgets.

25 (2) The amount specified in subsection (c)(1).
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1 (3) The amount specified in subsection (c)(2).

2 (4) The total amount of the contributions au3 thorized to be made under section 2501.

4 (c) AUTHORIZED AMOUNTS.—Amounts authorized to

5 be appropriated by titles II and III of this Act are avail6 able for contributions for the common-funded budgets of

7 NATO as follows:

8 (1) Of the amount provided in section 201(1),

9 $763,000 for the Civil Budget.

10 (2) Of the amount provided in section 301(1),

11 $238,364,000 for the Military Budget.

12 (d) DEFINITIONS.—For purposes of this section:

13 (1) COMMON-FUNDED BUDGETS OF NATO.—

14 The term ‘‘common-funded budgets of NATO’’

15 means the Military Budget, the Security Investment

16 Program, and the Civil Budget of the North Atlantic

17 Treaty Organization (and any successor or addi18 tional account or program of NATO).

19 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

20 The term ‘‘fiscal year 1998 baseline limitation’’

21 means the maximum annual amount of Department

22 of Defense contributions for common-funded budgets

23 of NATO that is set forth as the annual limitation

24 in section 3(2)(C)(ii) of the resolution of the Senate

25 giving the advice and consent of the Senate to the
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1 ratification of the Protocols to the North Atlantic

2 Treaty of 1949 on the Accession of Poland, Hun3 gary, and the Czech Republic (as defined in section

4 4(7) of that resolution), approved by the Senate on

5 April 30, 1998.

6 SEC. 1004. REDUCTION IN CERTAIN AUTHORIZATIONS DUE

7 TO SAVINGS RELATING TO LOWER INFLA8 TION.

9 (a) REDUCTION.—The aggregate amount authorized

10 to be appropriated by titles I, II, and III is the amount

11 equal to the sum of all the amounts authorized to be ap12 propriated by such titles reduced by $1,300,000,000.

13 (b) SOURCE OF SAVINGS.—Reductions required in

14 order to comply with subsection (a) shall be derived from

15 savings resulting from lower-than-expected inflation as a

16 result of the annual review of the budget conducted by

17 the Congressional Budget Office.

18 (c) ALLOCATION OF REDUCTION.—The Secretary of

19 Defense shall allocate the reduction required by subsection

20 (a) among the amounts authorized to be appropriated for

21 accounts in titles I, II, and III to reflect the extent to

22 which net savings from lower-than-expected inflation are

23 allocable to amounts authorized to be appropriated to such

24 accounts.
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1 SEC. 1005. AUTHORIZATION OF SUPPLEMENTAL APPRO2 PRIATIONS FOR FISCAL YEAR 2005.

3 Amounts authorized to be appropriated to the De4 partment of Defense and the Department of Energy for

5 fiscal year 2005 in the Ronald W. Reagan National De6 fense Authorization Act for Fiscal Year 2005 (Public Law

7 108–375) are hereby adjusted, with respect to any such

8 authorized amount, by the amount by which appropria9 tions pursuant to such authorization are increased (by a

10 supplemental appropriation) or decreased (by a rescis11 sion), or both, or are increased by a transfer of funds,

12 pursuant to title I or chapter 2 of title IV of the Emer13 gency Supplemental Appropriations Act for Defense, the

14 Global War on Terror, and Tsunami Relief, 2005 (Public

15 Law 109–13).

16 SEC. 1006. INCREASE IN FISCAL YEAR 2005 TRANSFER AU17 THORITY.

18 Section 1001(a)(2) of the Ronald W. Reagan Na19 tional Defense Authorization Act for Fiscal Year 2005

20 (Public Law 108–375; 118 Stat. 2034) is amended by

21 striking ‘‘$3,500,000,000’’ and inserting

22 ‘‘$6,185,000,000’’.
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1 SEC. 1007. MONTHLY DISBURSEMENT TO STATES OF STATE

2 INCOME TAX VOLUNTARILY WITHHELD FROM

3 RETIRED OR RETAINER PAY.

4 Section 1045(a) of title 10, United States Code, is

5 amended—

6 (1) by striking ‘‘quarter’’ the first place it ap7 pears and inserting ‘‘month’’; and

8 (2) by striking ‘‘during the month following

9 that calendar quarter’’ and inserting ‘‘during the fol10 lowing calendar month’’.

11 SEC. 1008. AUTHORIZATION OF EMERGENCY SUPPLE12 MENTAL APPROPRIATIONS FOR THE DEPART13 MENT OF DEFENSE.

14 (a) FIRST EMERGENCY SUPPLEMENTAL TO MEET

15 NEEDS ARISING FROM HURRICANE KATRINA.—Amounts

16 authorized to be appropriated to the Department of De17 fense for fiscal year 2005 in the Ronald W. Reagan Na18 tional Defense Authorization Act for Fiscal Year 2005

19 (Public Law 108–375) are hereby adjusted, with respect

20 to any such authorized amount, by the amount by which

21 appropriations pursuant to such authorized amount are

22 increased by a supplemental appropriation, or by a trans23 fer of funds, pursuant to the Emergency Supplemental

24 Appropriations Act to Meet Immediate Needs Arising

25 From the Consequences of Hurricane Katrina, 2005 (Pub26 lic Law 109–61).
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1 (b) SECOND EMERGENCY SUPPLEMENTAL TO MEET

2 NEEDS ARISING FROM HURRICANE KATRINA.—Amounts

3 authorized to be appropriated to the Department of De4 fense for fiscal year 2005 in the Ronald W. Reagan Na5 tional Defense Authorization Act for Fiscal Year 2005 are

6 hereby adjusted, with respect to any such authorized

7 amount, by the amount by which appropriations pursuant

8 to such authorized amount are increased by a supple9 mental appropriation, or by a transfer of funds, pursuant

10 to the Second Emergency Supplemental Appropriations

11 Act to Meet Immediate Needs Arising From the Con12 sequences of Hurricane Katrina, 2005 (Public Law 109–

13 62).

14 (c) SUPPLEMENTAL APPROPRIATIONS FOR AVIAN

15 FLU PREPAREDNESS.—Amounts authorized to be appro16 priated to the Department of Defense for fiscal year 2006

17 in this Act are hereby adjusted, with respect to any such

18 authorized amount, by the amount by which appropria19 tions pursuant to such authorized amount are increased

20 by a supplemental appropriation, or by a transfer of funds,

21 arising from the proposal of the Administration relating

22 to avian flu preparedness that was submitted to Congress

23 on November 1, 2006.

24 (d) AMOUNTS REALLOCATED FOR HURRICANE-RE25 LATED DISASTER RELIEF.—Amounts authorized to be ap-
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1 propriated to the Department of Defense for fiscal year

2 2006 in this Act are hereby adjusted, with respect to any

3 such authorized amount, by the amount by which appro4 priations pursuant to such authorized amount are in5 creased by a reallocation of funds from the Disaster Relief

6 Fund (DRF) of the Federal Emergency Management

7 Agency arising from the proposal of the Director of the

8 Office of Management and Budget on the reallocation of

9 amounts for hurricane-related disaster relief that was sub10 mitted to the President on October 28, 2005, and trans11 mitted to the Speaker of the House of Representatives on

12 that date.

13 (e) AMOUNTS FOR HUMANITARIAN ASSISTANCE FOR

14 EARTHQUAKE VICTIMS IN PAKISTAN.—There is author15 ized to be appropriated as emergency supplemental appro16 priations for the Department of Defense for fiscal year

17 2006, $40,000,000 for the use of the Department of De18 fense for overseas, humanitarian, disaster, and civic aid

19 for the purpose of providing humanitarian assistance to

20 the victims of the earthquake that devastated northern

21 Pakistan on October 8, 2005.

22 (f) REPORTS ON USE OF CERTAIN FUNDS.—

23 (1) REPORT ON USE OF EMERGENCY SUPPLE24 MENTAL FUNDS.—Not later than six months after

25 the date of the enactment of this Act, the Secretary
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1 of Defense shall submit to the congressional defense

2 committees a report on the obligation and expendi3 ture, as of that date, of any funds appropriated to

4 the Department of Defense for fiscal year 2005 pur5 suant to the Acts referred to in subsections (a) and

6 (b) as authorized by such subsections. The report

7 shall set forth—

8 (A) the amounts so obligated and ex9 pended; and

10 (B) the purposes for which such amounts

11 were so obligated and expended.

12 (2) REPORT ON EXPENDITURE OF REIMBURS13 ABLE FUNDS.—The Secretary shall include in the

14 report required by paragraph (1) a statement of any

15 expenditure by the Department of Defense of funds

16 that were reimbursable by the Federal Emergency

17 Management Agency, or any other department or

18 agency of the Federal Government, from funds ap19 propriated in an Act referred to in subsection (a) or

20 (b) to such department or agency.

21 (3) REPORT ON USE OF CERTAIN OTHER

22 FUNDS.—Not later than May 15, 2006, and quar23 terly thereafter through November 15, 2006, the

24 Secretary shall submit to the congressional defense

25 committees a report on the obligation and expendi-
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1 ture, during the previous fiscal year quarter, of any

2 funds appropriated to the Department of Defense as

3 specified in subsection (c) and any funds reallocated

4 to the Department as specified in subsection (d).

5 Each report shall, for the fiscal year quarter covered

6 by such report, set forth—

7 (A) the amounts so obligated and ex8 pended; and

9 (B) the purposes for which such amounts

10 were so obligated and expended.

11 (g) REPORT ON ASSISTANCE FOR EARTHQUAKE VIC12 TIMS IN PAKISTAN.—Not later than 30 days after the date

13 of the enactment of this Act, the Secretary of Defense

14 shall submit to the congressional defense committees a re15 port describing Department of Defense efforts to provide

16 relief to victims of the earthquake that devastated north17 ern Pakistan on October 8, 2005, and assessing the need

18 for further reconstruction and relief assistance.

19 Subtitle B—Naval Vessels and

20 Shipyards

21 SEC. 1021. TRANSFER OF BATTLESHIPS.

22 (a) TRANSFER OF BATTLESHIP WISCONSIN.—The

23 Secretary of the Navy is authorized—
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1 (1) to strike the Battleship U.S.S. WIS2 CONSIN (BB–64) from the Naval Vessel Register;

3 and

4 (2) subject to section 7306 of title 10, United

5 States Code, to transfer the vessel by gift or other6 wise provided that the Secretary requires, as a con7 dition of transfer, that the transferee locate the ves8 sel in the Commonwealth of Virginia.

9 (b) TRANSFER OF BATTLESHIP IOWA.—The Sec10 retary of the Navy is authorized—

11 (1) to strike the Battleship U.S.S. IOWA (BB–

12 61) from the Naval Vessel Register; and

13 (2) subject to section 7306 of title 10, United

14 States Code, to transfer the vessel by gift or other15 wise provided that the Secretary requires, as a con16 dition of transfer, that the transferee locate the ves17 sel in the State of California.

18 (c) INAPPLICABILITY OF NOTICE AND WAIT RE19 QUIREMENT.—Notwithstanding any provision of sub20 section (a) or (b), section 7306(d) of title 10, United

21 States Code, shall not apply to the transfer authorized by

22 subsection (a) or the transfer authorized by subsection (b).

23 (d) REPEAL OF SUPERSEDED REQUIREMENTS AND

24 AUTHORITIES.—
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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) is repealed.

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) is re7 pealed.

8 SEC. 1022. CONVEYANCE OF NAVY DRYDOCK, JACKSON9 VILLE, FLORIDA.

10 (a) CONVEYANCE AUTHORIZED.—The Secretary of

11 the Navy may convey to Atlantic Marine Property Holding

12 Company (in this section referred to as the ‘‘Company’’)

13 all right, title, and interest of the United States in and

14 to Navy Drydock No. AFDM 7 (the SUSTAIN), located

15 in Duval County, Florida. The Company is the current

16 user of the drydock.

17 (b) CONDITION OF CONVEYANCE.—The conveyance

18 under subsection (a) shall be subject to the condition that

19 the drydock remain at the facilities of the Company until

20 September 30, 2010.

21 (c) CONSIDERATION.—As consideration for the con22 veyance under subsection (a), the Company shall pay the

23 Secretary an amount equal to the fair market value of the

24 drydock as determined by the Secretary.
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1 (d) ADDITIONAL TERMS AND CONDITIONS.—The

2 Secretary may require such additional terms and condi3 tions in connection with the conveyance under subsection

4 (a) as the Secretary considers appropriate to protect the

5 interests of the United States.

6 Subtitle C—Counterdrug Matters

7 SEC. 1031. USE OF UNMANNED AERIAL VEHICLES FOR

8 UNITED STATES BORDER RECONNAISSANCE.

9 (a) IN GENERAL.—Chapter 18 of title 10, United

10 States Code, is amended by adding at the end the fol11 lowing new section:

12 ‘‘§ 383. Use of unmanned aerial vehicles for United

13 States border reconnaissance

14 ‘‘(a) IN GENERAL.—The Secretary of Defense is au15 thorized to use Department of Defense personnel and

16 equipment to conduct aerial reconnaissance within the

17 area of responsibility of the United States Northern Com18 mand with unmanned aerial vehicles in order to conduct,

19 for the purposes specified in subsection (b), the following:

20 ‘‘(1) The detection and monitoring of, and com21 munication on, the movement of air and sea traffic

22 along the United States border.

23 ‘‘(2) The detection and monitoring of, and com24 munication on, the movement of surface traffic that

25 is—
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1 ‘‘(A) outside of the geographic boundary of

2 the United States; or

3 ‘‘(B) inside the United States, but within

4 not more than 25 miles of the geographic

5 boundary of the United States, with respect to

6 surface traffic first detected outside the geo7 graphic boundary of the United States.

8 ‘‘(b) PURPOSES OF AUTHORIZED ACTIVITIES.—The

9 purposes of activities authorized by subsection (a) are as

10 follows:

11 ‘‘(1) To detect and monitor suspicious air, sea,

12 and surface traffic.

13 ‘‘(2) To communicate information on such traf14 fic to appropriate Federal law enforcement officials,

15 State law enforcement officials, and local law en16 forcement officials.

17 ‘‘(c) FUNDS.—Amounts available to the Department

18 of Defense for counterdrug activities shall be available for

19 activities authorized by subsection (a).

20 ‘‘(d) LIMITATIONS.—Any limitations and restrictions

21 under this chapter with respect to the use of personnel,

22 equipment, and facilities under this chapter shall apply to

23 the exercise of the authority in subsection (a).

24 ‘‘(e) ANNUAL REPORTS ON USE OF UNMANNED AER25 IAL VEHICLES.—(1) The Secretary of Defense shall sub-
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1 mit to the congressional defense committees each year a

2 report on the operation of unmanned aerial vehicles along

3 the United States border under this section during the

4 preceding year. Each report shall include, for the year cov5 ered by such report, the following:

6 ‘‘(A) A description of the aerial reconnaissance

7 missions carried out along the United States border

8 by unmanned aerial vehicles under this section, in9 cluding the total number of sorties and flight hours.

10 ‘‘(B) A statement of the costs of such missions.

11 ‘‘(C) A statement of the number of times data

12 collected by the Department of Defense from such

13 missions was communicated to other authorities of

14 the Federal Government or to State or local authori15 ties.

16 ‘‘(2) A report is not required under this subsection

17 for a year if no operations of unmanned aerial vehicles

18 along the United States border occurred under this section

19 during such year.

20 ‘‘(3) Each report under this subsection shall be sub21 mitted in unclassified form, but may include a classified

22 annex.

23 ‘‘(f) DEFINITIONS.—In this section:

24 ‘‘(1) The term ‘suspicious air, sea, and surface

25 traffic’ means any air, sea, or surface traffic that is
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1 suspected of illegal activities, including involvement

2 in activities that would constitute a violation of any

3 provision of law set forth in or described under sec4 tion 374(b)(4)(A) of this title.

5 ‘‘(2) The term ‘State law enforcement officials’

6 includes authorized members of the National Guard

7 operating under authority of title 32.’’.

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

9 at the beginning of chapter 18 of such title is amended

10 by adding at the end the following new item:

‘‘383. Use of unmanned aerial vehicles for United States border reconnaissance.’’.

11 SEC. 1032. USE OF COUNTERDRUG FUNDS FOR CERTAIN

12 COUNTERTERRORISM OPERATIONS.

13 (a) AUTHORITY TO USE FUNDS.—In conjunction

14 with counterdrug activities authorized by law, the Sec15 retary of Defense may use funds authorized to be appro16 priated to the Department of Defense for drug interdiction

17 and counterdrug activities in fiscal years 2006 and 2007

18 for the detection, monitoring, and interdiction of terror19 ists, terrorism-related activities, and other related

20 transnational threats along the borders and within the ter21 ritorial waters of the United States.

22 (b) CONSTRUCTION WITH OTHER AUTHORITY.—The

23 authority provided by subsection (a) is in addition to the
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1 authority provided in section 124 of title 10, United States

2 Code.

3 SEC. 1033. SUPPORT FOR COUNTER-DRUG ACTIVITIES

4 THROUGH BASES OF OPERATION AND TRAIN5 ING FACILITIES IN AFGHANISTAN.

6 In providing support for counterdrug activities under

7 section 1004 of the National Defense Authorization Act

8 for Fiscal Year 1991 (10 U.S.C. 374 note), the Secretary

9 of Defense may, in accordance with a request under sub10 section (a) of such section, provide through or utilizing

11 bases of operation or training facilities in Afghanistan—

12 (1) any type of support specified in subsection

13 (b) of such section for counter-drug activities; and

14 (2) any type of support for counter-drug related

15 Afghan criminal justice activities.

16 Subtitle D—Reports and Studies

17 SEC. 1041. MODIFICATION OF FREQUENCY OF SUBMITTAL

18 OF JOINT WARFIGHTING SCIENCE AND TECH19 NOLOGY PLAN.

20 (a) SUBMITTAL OF JOINT WARFIGHTING SCIENCE

21 AND TECHNOLOGY PLAN.—Section 270 of the National

22 Defense Authorization Act for Fiscal Year 1997 (10

23 U.S.C. 2501 note) is amended by striking ‘‘(a) ANNUAL

24 PLAN REQUIRED.—On March 1 of each year,’’ and insert-
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1 ing ‘‘Not later than March 1 of each year through 2006,

2 and March 1 every two years thereafter,’’.

3 (b) CONFORMING AMENDMENT.—The heading of

4 such section is amended by striking ‘‘ANNUAL’’.

5 SEC. 1042. REVIEW AND ASSESSMENT OF DEFENSE BASE

6 ACT INSURANCE.

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

8 in coordination with the Director of the Office of Manage9 ment and Budget and appropriate officials of the Depart10 ment of Labor, the Department of State and the United

11 States Agency for International Development, review cur12 rent and future needs, options, and risks associated with

13 Defense Base Act insurance.

14 (b) MATTERS TO BE ADDRESSED.—The review

15 under subsection (a) shall address the following matters:

16 (1) Cost-effective options for acquiring Defense

17 Base Act insurance.

18 (2) Methods for coordinating data collection ef19 forts among agencies and contractors on numbers of

20 employees, costs of insurance, and other information

21 relevant to decisions on Defense Base Act insurance.

22 (3) Improved communication and coordination

23 within and among agencies on the implementation of

24 Defense Base Act insurance.
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1 (4) Actions to be taken to address difficulties in

2 the administration of Defense Base Act insurance,

3 including on matters relating to cost, data, enforce4 ment, and claims processing.

5 (c) REPORT REQUIRED.—Not later than one year

6 after the date of the enactment of this Act, the Secretary

7 shall submit to the congressional defense committees a re8 port on the results of the review under subsection (a). The

9 report shall set forth the findings of the Secretary as a

10 result of the review and such recommendations, including

11 recommendations for legislative or administrative action,

12 as the Secretary considers appropriate in light of the re13 view.

14 (d) DEFENSE BASE ACT INSURANCE DEFINED.—In

15 this section, the term ‘‘Defense Base Act insurance’’

16 means workers’ compensation insurance provided to con17 tractor employees pursuant to the Defense Base Act (42

18 U.S.C. 1651 et seq.).

19 SEC. 1043. COMPTROLLER GENERAL REPORT ON CORRO20 SION PREVENTION AND MITIGATION PRO21 GRAMS OF THE DEPARTMENT OF DEFENSE.

22 (a) REPORT REQUIRED.—Not later than April 1,

23 2007, the Comptroller General of the United States shall

24 submit to the congressional defense committees a report
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1 on the effectiveness of the corrosion prevention and miti2 gation programs of the Department of Defense.

3 (b) ELEMENTS.—The report required by subsection

4 (a) shall include the following:

5 (1) An assessment of the document of the De6 partment of Defense entitled ‘‘Long-Term Strategy

7 to Reduce Corrosion and the Effects of Corrosion on

8 the Military Equipment and Infrastructure of the

9 Department of Defense’’, dated November 2004.

10 (2) An assessment of the adequacy for purposes

11 of the strategy set forth in that document of the

12 funding requested in the budget of the President for

13 fiscal year 2006, as submitted to Congress pursuant

14 to section 1105(a) of title 31, United States Code,

15 and the associated Future-Years Defense Program

16 under section 221 of title 10, United States Code.

17 (3) An assessment of the adequacy and effec18 tiveness of the organizational structure of the De19 partment of Defense in implementing that strategy.

20 (4) An assessment of the progress made as of

21 the date of the report in establishing throughout the

22 Department common metrics, definitions, and proce23 dures on corrosion prevention and mitigation.

24 (5) An assessment of the progress made as of

25 the date of the report in establishing a baseline esti-
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1 mate of the scope of the corrosion problems of the

2 Department.

3 (6) An assessment of the extent to which the

4 strategy of the Department on corrosion prevention

5 and mitigation has been revised to incorporate the

6 recommendations of the October 2004 Defense

7 Science Board report on corrosion control.

8 (7) An assessment of the implementation of the

9 corrosion prevention and mitigation programs of the

10 Department during fiscal year 2006.

11 (8) Recommendations by the Comptroller Gen12 eral for addressing any shortfalls or areas of poten13 tial improvement identified in the review for pur14 poses of the report.

15 SEC. 1044. REPORT ON DEPARTMENT OF DEFENSE RE16 SPONSE TO FINDINGS AND RECOMMENDA17 TIONS OF DEFENSE SCIENCE BOARD TASK

18 FORCE ON HIGH PERFORMANCE MICROCHIP

19 SUPPLY.

20 (a) REPORT REQUIRED.—Not later than March 15,

21 2006, the Secretary of Defense shall submit to the con22 gressional defense committees a report on the implementa23 tion of the recommendations of the Defense Science Board

24 Task Force on High Performance Microchip Supply.
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1 (b) CONTENTS.—The report required by subsection

2 (a) shall include the following:

3 (1) An analysis of each finding of the Task

4 Force.

5 (2) A detailed description of the response of the

6 Department of Defense to each recommendation of

7 the Task Force, including—

8 (A) for each recommendation that is being

9 implemented or that the Secretary plans to

10 implement—

11 (i) a summary of actions that have

12 been taken to implement the recommenda13 tion; and

14 (ii) a schedule, with specific mile15 stones, for completing the implementation

16 of the recommendation; and

17 (B) For each recommendation that the

18 Secretary does not plan to implement—

19 (i) the reasons for the decision not to

20 implement the recommendation; and

21 (ii) a summary of alternative actions

22 the Secretary plans to take to address the

23 purposes underlying the recommendation.
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1 (3) A summary of any additional actions the

2 Secretary plan to take to address concerns raised by

3 the Task Force.

4 (c) CONSULTATION.—To the extent practicable, the

5 Secretary may consult with other departments and agen6 cies of the Federal Government, institutions of higher edu7 cation and other academic organizations, and industry in

8 the development of the report required by subsection (a).

9 SEC. 1045. REPORT ON USE OF SPACE RADAR FOR TOPO10 GRAPHICAL MAPPING FOR SCIENTIFIC AND

11 CIVIL PURPOSES.

12 (a) IN GENERAL.—Not later than January 15, 2006,

13 the Secretary of Defense shall submit to the congressional

14 defense committees on report on the feasibility and advis15 ability of utilizing the Space Radar for purposes of pro16 viding coastal zone and other topographical mapping in17 formation, and related information, to the scientific com18 munity and other elements of the private sector for sci19 entific and civil purposes.

20 (b) REPORT ELEMENTS.—The report required by

21 subsection (a) shall include the following:

22 (1) A description and evaluation of any uses of

23 the Space Radar for scientific or civil purposes that

24 are identified by the Secretary for purposes of the

25 report.
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1 (2) A description and evaluation of any addi2 tions or modifications to the Space Radar identified

3 by the Secretary for purposes of the report that

4 would increase the utility of the Space Radar to the

5 scientific community or other elements of the private

6 sector for scientific or civil purposes, including the

7 utilization of additional frequencies, the development

8 or enhancement of ground systems, and the en9 hancement of operations.

10 (3) A description of the costs of any additions

11 or modifications identified pursuant to paragraph

12 (2).

13 (4) A description and evaluation of processes to

14 be utilized to determine the means of modifying the

15 Space Radar in order to meet the needs of the sci16 entific community or other elements of the private

17 sector with respect to the use of the Space Radar for

18 scientific or civil purposes, and a proposal for meet19 ing the costs of such modifications.

20 (5) A description and evaluation of the impacts,

21 if any, on the primary missions of the Space Radar,

22 and on the development of the Space Radar, of the

23 use of the Space Radar for scientific or civil pur24 poses.
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1 (6) A description of the process for developing

2 requirements for the Space Radar, including the in3 volvement of the Civil Applications Committee.

4 SEC. 1046. PILOT PROJECT FOR CIVILIAN LINGUIST RE5 SERVE CORPS.

6 (a) ESTABLISHMENT.—The Secretary of Defense (re7 ferred to in this section as the ‘‘Secretary’’), through the

8 National Security Education Program, shall conduct a 3-

9 year pilot project to establish the Civilian Linguist Reserve

10 Corps, which shall be composed of United States citizens

11 with advanced levels of proficiency in foreign languages

12 who would be available, upon request from the President,

13 to perform any services or duties with respect to such for14 eign languages in the Federal Government as the Presi15 dent may require.

16 (b) IMPLEMENTATION.—In establishing the Civilian

17 Linguist Reserve Corps, the Secretary, after reviewing the

18 findings and recommendations contained in the report re19 quired under section 325 of the Intelligence Authorization

20 Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat.

21 2393), shall—

22 (1) identify several foreign languages that are

23 critical for the national security of the United States

24 and the relative priority of each such language;
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1 (2) identify United States citizens with ad2 vanced levels of proficiency in those foreign lan3 guages who would be available to perform the serv4 ices and duties referred to in subsection (a);

5 (3) cooperate with other Federal agencies with

6 national security responsibilities to implement a pro7 cedure for calling for the performance of the services

8 and duties referred to in subsection (a); and

9 (4) implement a call for the performance of

10 such services and duties.

11 (c) CONTRACT AUTHORITY.—In establishing the Ci12 vilian Linguist Reserve Corps, the Secretary may enter

13 into contracts with appropriate agencies or entities.

14 (d) FEASIBILITY STUDY.—During the course of the

15 pilot project, the Secretary shall conduct a study of the

16 best practices in implementing the Civilian Linguist Re17 serve Corps, including—

18 (1) administrative structure;

19 (2) languages to be offered;

20 (3) number of language specialists needed for

21 each language;

22 (4) Federal agencies who may need language

23 services;

24 (5) compensation and other operating costs;

25 (6) certification standards and procedures;
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1 (7) security clearances;

2 (8) skill maintenance and training; and

3 (9) the use of private contractors to supply lan4 guage specialists.

5 (e) REPORTS.—

6 (1) EVALUATION REPORTS.—

7 (A) IN GENERAL.—Not later than 1 year

8 after the date of enactment of this Act, and an9 nually thereafter until the expiration of the 3-

10 year period beginning on such date of enact11 ment, the Secretary shall submit to Congress

12 an evaluation report on the pilot project con13 ducted under this section.

14 (B) CONTENTS.—Each report required

15 under subparagraph (A) shall contain informa16 tion on the operation of the pilot project, the

17 success of the pilot project in carrying out the

18 objectives of the establishment of a Civilian

19 Linguist Reserve Corps, and recommendations

20 for the continuation or expansion of the pilot

21 project.

22 (2) FINAL REPORT.—Not later than 6 months

23 after the completion of the pilot project, the Sec24 retary shall submit to Congress a final report sum25 marizing the lessons learned, best practices, and rec-
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1 ommendations for full implementation of the Civilian

2 Linguist Reserve Corps.

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated $3,100,000 for fiscal

5 year 2006 to carry out the pilot project under this section.

6 (g) OFFSET.—The amounts authorized to be appro7 priated by section 301(4) are hereby reduced by

8 $3,100,000 from operation and maintenance, Air Force.

9 SEC. 1047. REPORT ON ALLEGED CLANDESTINE DETEN10 TION FACILITIES FOR INDIVIDUALS CAP11 TURED IN THE GLOBAL WAR ON TERRORISM.

12 (a) IN GENERAL.—The President shall ensure that

13 the United States Government continues to comply with

14 the authorization, reporting, and notification requirements

15 of title V of the National Security Act of 1947 (50 U.S.C.

16 413 et seq.).

17 (b) DIRECTOR OF NATIONAL INTELLIGENCE RE18 PORT.—

19 (1) REPORT REQUIRED.—Not later than 60

20 days after the date of the enactment of this Act, the

21 Director of National Intelligence shall provide to the

22 members of the Select Committee on Intelligence of

23 the Senate and the Permanent Select Committee on

24 Intelligence of the House of Representatives a de25 tailed report setting forth the nature and cost of,
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1 and otherwise providing a full accounting on, any

2 clandestine prison or detention facility currently or

3 formerly operated by the United States Government,

4 regardless of location, where detainees in the global

5 war on terrorism are or were being held.

6 (2) ELEMENTS.—The report required by para7 graph (1) shall set forth, for each prison or facility,

8 if any, covered by such report, the following:

9 (A) The location and size of such prison or

10 facility.

11 (B) If such prison or facility is no longer

12 being operated by the United States Govern13 ment, the disposition of such prison or facility.

14 (C) The number of detainees currently

15 held or formerly held, as the case may be, at

16 such prison or facility.

17 (D) Any plans for the ultimate disposition

18 of any detainees currently held at such prison

19 or facility.

20 (E) A description of the interrogation pro21 cedures used or formerly used on detainees at

22 such prison or facility, and a determination, in

23 coordination with other appropriate officials, on

24 whether such procedures are or were in compli25 ance with United States obligations under the
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1 Geneva Conventions and the Convention

2 Against Torture.

3 (3) FORM OF REPORT.—The report required by

4 paragraph (1) shall be submitted in classified form.

5 SEC. 1048. RECORDS OF CIVILIAN CASUALTIES IN AFGHANI6 STAN AND IRAQ.

7 Not later than 90 days after enactment of this Act,

8 the Secretary of Defense shall submit a report to the Com9 mittee on Armed Services and the Committee on Appro10 priations with the following information—

11 (a) Whether records of civilian casualties in Afghani12 stan and Iraq are kept by United States Armed Forces,

13 and if so, how and from what sources this information

14 is collected, where it is kept, and who is responsible for

15 maintaining such records.

16 (b) Whether such records contain—

17 (1) any information relating to the cir18 cumstances under which the casualties occurred and

19 whether they were fatalities or injuries;

20 (2) if any condolence payment, compensation or

21 assistance was provided to the victim or to the vic22 tim’s family; and

23 (3) any other information relating to the cas24 ualties.
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1 SEC. 1049. ANNUAL REPORTS ON BUDGETING RELATING TO

2 KEY MILITARY EQUIPMENT.

3 (a) IN GENERAL.—Chapter 9 of title 10, United

4 States Code, is amended by adding at the end the fol5 lowing new section:

6 ‘‘§ 234. Budgeting for key military equipment: annual

7 reports

8 ‘‘(a) ANNUAL REPORT REQUIRED.—The Secretary of

9 Defense shall submit to Congress each year, at or about

10 the time that the budget of the President is submitted to

11 Congress that year under section 1105(a) of title 31, a

12 report on the budgeting of the Department of Defense for

13 key military equipment.

14 ‘‘(b) REPORT ELEMENTS.—The report required by

15 subsection (a) for a year shall set forth the following:

16 ‘‘(1) A description of the current strategies of

17 the Department of Defense for sustaining key mili18 tary equipment, and for any modernization that will

19 be required of such equipment.

20 ‘‘(2) A description of the amounts required for

21 the Department for the fiscal year beginning in such

22 year in order to fully fund the strategies described

23 in paragraph (1).

24 ‘‘(3) A description of the amounts requested for

25 the Department for such fiscal year in order to fully

26 fund such strategies.
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1 ‘‘(4) A description of the risks, if any, of failing

2 to fund such strategies in the amounts required to

3 fully fund such strategies (as specified in paragraph

4 (2)).

5 ‘‘(5) A description of the actions being taken by

6 the Department of Defense to mitigate the risks de7 scribed in paragraph (4).

8 ‘‘(c) KEY MILITARY EQUIPMENT DEFINED.—In this

9 section, the term ‘key military equipment’—

10 ‘‘(1) means—

11 ‘‘(A) major weapons systems that are es12 sential to accomplishing the national defense

13 strategy; and

14 ‘‘(B) other military equipment, such as

15 major command, communications, computer in16 telligence, surveillance, and reconnaissance

17 (C4ISR) equipment and systems designed to

18 prevent fratricide, that is critical to the readi19 ness of military units; and

20 ‘‘(2) includes equipment reviewed in the report

21 of the Comptroller General of the United States

22 numbered GAO–06–141.’’.

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

24 at the beginning of such chapter is amended by adding

25 at the end the following new item:

‘‘234. Budgeting for key military equipment: annual reports.’’.
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1 SEC. 1049A. QUARTERLY REPORTS ON WAR STRATEGY IN

2 IRAQ.

3 (a) QUARTERLY REPORTS.—At the same time the

4 Secretary of Defense submits to Congress each report on

5 stability and security in Iraq that is submitted to Congress

6 after the date of the enactment of this Act under the Joint

7 Explanatory Statement of the Committee on Conference

8 to accompany the conference report on the bill H.R. 1268

9 of the 109th Congress, the Secretary of Defense and ap10 propriate personnel of the Central Intelligence Agency

11 shall provide the appropriate committees of Congress a

12 briefing on the strategy for the war in Iraq, including the

13 measures of evaluation utilized in determining the

14 progress made in the execution of that strategy.

15 (b) APPROPRIATE COMMITTEES OF CONGRESS DE16 FINED.—In this section, the term ‘‘appropriate commit17 tees of Congress’’ means—

18 (1) the Committees on Armed Services and Ap19 propriations of the Senate; and

20 (2) the Committees on Armed Services and Ap21 propriations of the House of Representatives.
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1 Subtitle E—Technical Amendments

2 SEC. 1051. TECHNICAL AMENDMENTS RELATING TO CER3 TAIN PROVISIONS OF ENVIRONMENTAL DE4 FENSE LAWS.

5 (a) DEFINITION OF ‘‘MILITARY MUNITIONS’’.—Sec6 tion 101(e)(4)(B)(ii) of title 10, United States Code, is

7 amended by striking ‘‘explosives, and’’ and inserting ‘‘ex8 plosives and’’.

9 (b) DEFENSE ENVIRONMENTAL RESTORATION PRO10 GRAM.—Section 2703(b) of such title is amended by strik11 ing ‘‘ ‘unexploded ordnance’, ‘discarded military muni12 tions’, and’’ and inserting ‘‘ ‘discarded military munitions’

13 and’’.

14 Subtitle F—Military Mail Matters

15 SEC. 1061. SAFE DELIVERY OF MAIL IN THE MILITARY MAIL

16 SYSTEM.

17 (a) PLAN REQUIRED.—

18 (1) IN GENERAL.—The Secretary of Defense

19 shall promptly develop and implement a plan to en20 sure that the mail within the military mail system

21 is safe for delivery.

22 (2) SCREENING.—The plan under this sub23 section shall provide for the screening of all mail

24 within the military mail system in order to detect

25 the presence in such mail of biological, chemical, or
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1 radiological weapons, agents, or pathogens, or explo2 sive devices, before such mail is delivered to its in3 tended recipients.

4 (b) FUNDING FOR PLAN.—The budget justification

5 materials that are submitted to Congress with the budget

6 of the President for any fiscal year after fiscal year 2006,

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

8 States Code, shall include a description of the amounts

9 required in such fiscal year to carry out the plan under

10 subsection (a).

11 (c) REPORT ON SAFETY OF MAIL FOR DELIVERY.—

12 (1) REPORT REQUIRED.—Not later than 120

13 days after the date of the enactment of this Act, the

14 Secretary shall submit to the congressional defense

15 committees a report on the safety of mail within the

16 military mail system for delivery.

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

18 following:

19 (A) An assessment of any existing defi20 ciencies in the military mail system in ensuring

21 that mail within such system is safe for deliv22 ery.

23 (B) The plan developed under subsection

24 (a).
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1 (C) An estimate of the time and resources

2 required to implement the plan.

3 (D) A description of the delegation within

4 the Department of Defense of responsibility for

5 ensuring that mail within the military mail sys6 tem is safe for delivery, including responsibility

7 for the development, implementation, and over8 sight of improvements to that system in order

9 to ensure the safety of such mail for delivery.

10 (3) FORM.—The report shall be submitted in

11 unclassified form, but may include a classified

12 annex.

13 (d) MAIL WITHIN THE MILITARY MAIL SYSTEM DE14 FINED.—

15 (1) IN GENERAL.—Except as provided in para16 graph (2), in this section, the term ‘‘mail within the

17 military mail system’’—

18 (A) means—

19 (i) any mail that is posted through

20 the Military Post Offices (including Army

21 Post Offices (APOs) and Fleet Post Of22 fices (FPOs)), Department of Defense mail

23 centers, military Air Mail Terminals, and

24 military Fleet Mail Centers; and
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1 (ii) any mail or package posted in the

2 United States that is addressed to an un3 specified member of the Armed Forces;

4 and

5 (B) includes any official mail posted by the

6 Department of Defense.

7 (2) EXCEPTION.—The term does not include

8 any mail posted as otherwise described in paragraph

9 (1) that has been screened for safety for delivery by

10 the United States Postal Service before its posting

11 as so described.

12 SEC. 1062. DELIVERY OF MAIL ADDRESSED TO ANY SERV13 ICE MEMBER.

14 (a) PROGRAM OF DELIVERY OF MAIL.—The Sec15 retary of Defense shall carry out a program under which

16 mail and packages addressed to Any Service Member that

17 are posted in the United States shall be delivered to de18 ployed members of the Armed Forces overseas at or

19 through such Army Post Offices (APOs) and Fleet Post

20 Offices (FPOs) as the Secretary shall designate for pur21 poses of the program.

22 (b) SCREENING OF MAIL.—In carrying out the pro23 gram required by subsection (a), the Secretary shall take

24 appropriate actions to ensure that the mail and packages

25 covered by the program are screened in order to detect
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1 the presence in such mail and packages of biological,

2 chemical, or radiological weapons, agents, or pathogens,

3 or explosive devices, before such mail and packages are

4 delivered to members of the Armed Forces.

5 (c) DISTRIBUTION.—The Secretary shall ensure that

6 mail and packages delivered under the program required

7 by subsection (a) are widely distributed on an equitable

8 basis among all the Armed Forces in their overseas areas.

9 (d) OUTREACH.—

10 (1) IN GENERAL.—The Secretary shall, in col11 laboration with the Postmaster General, take appro12 priate actions to provide information to the public on

13 the program required by subsection (a).

14 (2) OUTLETS.—Information shall be provided

15 to the public under this subsection through Depart16 ment of Defense facilities and communications out17 lets, Postal Service facilities, and such other means

18 as the Secretary and the Postmaster General con19 sider appropriate.

20 (e) ANY SERVICE MEMBER DEFINED.—In this sec21 tion, the term ‘‘Any Service Member’’ means an undesig22 nated or unspecified member of the Armed Forces (often

23 addressed on mail or packages as ‘‘Any American Service

24 Member or Soldier’’), rather than any particular or speci25 fied member of the Armed Forces.
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1 Subtitle G—Other Matters

2 SEC. 1071. POLICY ON ROLE OF MILITARY MEDICAL AND

3 BEHAVIORAL SCIENCE PERSONNEL IN INTER4 ROGATION OF DETAINEES.

5 (a) POLICY REQUIRED.—The Secretary of Defense

6 shall establish the policy of the Department of Defense

7 on the role of military medical and behavioral science per8 sonnel in the interrogation of persons detained by the

9 Armed Forces. The policy shall apply uniformly through10 out the Armed Forces.

11 (b) REPORT.—Not later than March 1, 2006, the

12 Secretary shall submit to the congressional defense com13 mittees a report on the policy established under subsection

14 (a). The report shall set forth the policy, and shall include

15 such additional matters on the policy as the Secretary con16 siders appropriate.

17 SEC. 1072. IMPROVEMENTS OF INTERNAL SECURITY ACT

18 OF 1950.

19 (a) PROHIBITION ON HOLDING OF SECURITY CLEAR20 ANCE AFTER CERTAIN VIOLATIONS ON HANDLING OF

21 CLASSIFIED INFORMATION.—

22 (1) PROHIBITION.—Section 4 of the Internal

23 Security Act of 1950 (50 U.S.C. 783) is amended by

24 adding at the end the following new subsection:
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1 ‘‘(b) No person, including individuals in the executive

2 branch and Members of Congress and their staffs, who

3 knowingly violates a law or regulation regarding the han4 dling of classified information in a manner that could have

5 a significant adverse impact on the national security of

6 the United States, including the knowing disclosure of the

7 identity of a covert agent of the Central Intelligence Agen8 cy or the existence of classified programs or operations,

9 the disclosure of which could have such an impact, to a

10 person not authorized to receive such information, shall

11 be permitted to hold a security clearance for or obtain ac12 cess to, classified information.’’.

13 (2) APPLICABILITY.—Subsection (f) of section

14 4 of the Internal Security Act of 1950, as added by

15 paragraph (1), shall apply to any individual holding

16 a security clearance on or after the date of the en17 actment of this Act with respect to any knowing vio18 lation of law or regulation described in such sub19 section, regardless of whether such violation occurs

20 before, on, or after that date.

21 (b) CLARIFICATION OF AUTHORITY TO ISSUE SECU22 RITY REGULATIONS AND ORDERS.—Section 21(a) of the

23 Internal Security Act of 1950 (Public Law 81–831; 64

24 Stat. 1005) is amended by inserting ‘‘or military or civil25 ian director’’ after ‘‘military commander’’.
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1 SEC. 1073. SUPPORT FOR YOUTH ORGANIZATIONS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Support Our Scouts Act of 2005’’.

4 (b) SUPPORT FOR YOUTH ORGANIZATIONS.—

5 (1) DEFINITIONS.—In this subsection—

6 (A) the term ‘‘Federal agency’’ means each

7 department, agency, instrumentality, or other

8 entity of the United States Government; and

9 (B) the term ‘‘youth organization’’—

10 (i) means any organization that is

11 designated by the President as an organi12 zation that is primarily intended to—

13 (I) serve individuals under the

14 age of 21 years;

15 (II) provide training in citizen16 ship, leadership, physical fitness, serv17 ice to community, and teamwork; and

18 (III) promote the development of

19 character and ethical and moral val20 ues; and

21 (ii) shall include—

22 (I) the Boy Scouts of America;

23 (II) the Girl Scouts of the United

24 States of America;

25 (III) the Boys Clubs of America;

26 (IV) the Girls Clubs of America;
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1 (V) the Young Men’s Christian

2 Association;

3 (VI) the Young Women’s Chris4 tian Association;

5 (VII) the Civil Air Patrol;

6 (VIII) the United States Olympic

7 Committee;

8 (IX) the Special Olympics;

9 (X) Campfire USA;

10 (XI) the Young Marines;

11 (XII) the Naval Sea Cadets

12 Corps;

13 (XIII) 4–H Clubs;

14 (XIV) the Police Athletic League;

15 (XV) Big Brothers—Big Sisters

16 of America; and

17 (XVI) National Guard Youth

18 Challenge.

19 (2) IN GENERAL.—

20 (A) SUPPORT FOR YOUTH ORGANIZA21 TIONS.—

22 (i) SUPPORT.—No Federal law (including any rule,

23 regulation, directive, instruction, or order) shall be con24 strued to limit any Federal agency from providing any

25 form of support for a youth organization (including the
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1 Boy Scouts of America or any group officially affiliated

2 with the Boy Scouts of America) that would result in that

3 Federal agency providing less support to that youth orga4 nization (or any similar organization chartered under the

5 chapter of title 36, United States Code, relating to that

6 youth organization) than was provided during the pre7 ceding fiscal year. This clause shall be subject to the avail8 ability of appropriations.

9 (ii) YOUTH ORGANIZATIONS THAT

10 CEASE TO EXIST.—Clause (i) shall not

11 apply to any youth organization that

12 ceases to exist.

13 (iii) WAIVERS.—The head of a Fed14 eral agency may waive the application of

15 clause (i) to any youth organization with

16 respect to each conviction or investigation

17 described under subclause (I) or (II) for a

18 period of not more than 2 fiscal years if—

19 (I) any senior officer (including

20 any member of the board of directors)

21 of the youth organization is convicted

22 of a criminal offense relating to the

23 official duties of that officer or the

24 youth organization is convicted of a

25 criminal offense; or
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1 (II) the youth organization is the

2 subject of a criminal investigation re3 lating to fraudulent use or waste of

4 Federal funds.

5 (B) TYPES OF SUPPORT.—Support de6 scribed under this paragraph shall include—

7 (i) holding meetings, camping events,

8 or other activities on Federal property;

9 (ii) hosting any official event of such

10 organization;

11 (iii) loaning equipment; and

12 (iv) providing personnel services and

13 logistical support.

14 (c) SUPPORT FOR SCOUT JAMBOREES.—

15 (1) FINDINGS.—Congress makes the following

16 findings:

17 (A) Section 8 of article I of the Constitu18 tion of the United States commits exclusively to

19 Congress the powers to raise and support ar20 mies, provide and maintain a Navy, and make

21 rules for the government and regulation of the

22 land and naval forces.

23 (B) Under those powers conferred by sec24 tion 8 of article I of the Constitution of the

25 United States to provide, support, and maintain
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1 the Armed Forces, it lies within the discretion

2 of Congress to provide opportunities to train

3 the Armed Forces.

4 (C) The primary purpose of the Armed

5 Forces is to defend our national security and

6 prepare for combat should the need arise.

7 (D) One of the most critical elements in

8 defending the Nation and preparing for combat

9 is training in conditions that simulate the prep10 aration, logistics, and leadership required for

11 defense and combat.

12 (E) Support for youth organization events

13 simulates the preparation, logistics, and leader14 ship required for defending our national secu15 rity and preparing for combat.

16 (F) For example, Boy Scouts of America’s

17 National Scout Jamboree is a unique training

18 event for the Armed Forces, as it requires the

19 construction, maintenance, and disassembly of a

20 ‘‘tent city’’ capable of supporting tens of thou21 sands of people for a week or longer. Camp22 orees at the United States Military Academy

23 for Girl Scouts and Boy Scouts provide similar

24 training opportunities on a smaller scale.
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1 (2) SUPPORT.—Section 2554 of title 10, United

2 States Code, is amended by adding at the end the

3 following:

4 ‘‘(i)(1) The Secretary of Defense shall provide at

5 least the same level of support under this section for a

6 national or world Boy Scout Jamboree as was provided

7 under this section for the preceding national or world Boy

8 Scout Jamboree.

9 ‘‘(2) The Secretary of Defense may waive paragraph

10 (1), if the Secretary—

11 ‘‘(A) determines that providing the support sub12 ject to paragraph (1) would be detrimental to the

13 national security of the United States; and

14 ‘‘(B) reports such a determination to the Con15 gress in a timely manner, and before such support

16 is not provided.’’.

17 (d) EQUAL ACCESS FOR YOUTH ORGANIZATIONS.—

18 Section 109 of the Housing and Community Development

19 Act of 1974 (42 U.S.C. 5309) is amended—

20 (1) in the first sentence of subsection (b) by in21 serting ‘‘or (e)’’ after ‘‘subsection (a)’’; and

22 (2) by adding at the end the following:

23 ‘‘(e) EQUAL ACCESS.—

24 ‘‘(1) DEFINITION.—In this subsection, the term

25 ‘youth organization’ means any organization de-
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1 scribed under part B of subtitle II of title 36,

2 United States Code, that is intended to serve indi3 viduals under the age of 21 years.

4 ‘‘(2) IN GENERAL.—No State or unit of general

5 local government that has a designated open forum,

6 limited public forum, or nonpublic forum and that is

7 a recipient of assistance under this chapter shall

8 deny equal access or a fair opportunity to meet to,

9 or discriminate against, any youth organization, in10 cluding the Boy Scouts of America or any group of11 ficially affiliated with the Boy Scouts of America,

12 that wishes to conduct a meeting or otherwise par13 ticipate in that designated open forum, limited pub14 lic forum, or nonpublic forum.’’.

15 SEC. 1074. UNIFORM STANDARDS FOR THE INTERROGA16 TION OF PERSONS UNDER THE DETENTION

17 OF THE DEPARTMENT OF DEFENSE.

18 (a) IN GENERAL.—No person in the custody or under

19 the effective control of the Department of Defense or

20 under detention in a Department of Defense facility shall

21 be subject to any treatment or technique of interrogation

22 not authorized by and listed in the United States Army

23 Field Manual on Intelligence Interrogation.

24 (b) APPLICABILITY.—Subsection (a) shall not apply

25 to with respect to any person in the custody or under the
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1 effective control of the Department of Defense pursuant

2 to a criminal law or immigration law of the United States.

3 (c) CONSTRUCTION.—Nothing in this section shall be

4 construed to affect the rights under the United States

5 Constitution of any person in the custody or under the

6 physical jurisdiction of the United States.

7 SEC. 1075. PROHIBITION ON CRUEL, INHUMAN, OR DE8 GRADING TREATMENT OR PUNISHMENT OF

9 PERSONS UNDER CUSTODY OR CONTROL OF

10 THE UNITED STATES GOVERNMENT.

11 (a) IN GENERAL.—No individual in the custody or

12 under the physical control of the United States Govern13 ment, regardless of nationality or physical location, shall

14 be subject to cruel, inhuman, or degrading treatment or

15 punishment.

16 (b) CONSTRUCTION.—Nothing in this section shall be

17 construed to impose any geographical limitation on the ap18 plicability of the prohibition against cruel, inhuman, or de19 grading treatment or punishment under this section.

20 (c) LIMITATION ON SUPERSEDURE.—The provisions

21 of this section shall not be superseded, except by a provi22 sion of law enacted after the date of the enactment of this

23 Act which specifically repeals, modifies, or supersedes the

24 provisions of this section.
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1 (d) CRUEL, INHUMAN, OR DEGRADING TREATMENT

2 OR PUNISHMENT DEFINED.—In this section, the term

3 ‘‘cruel, inhuman, or degrading treatment or punishment’’

4 means the cruel, unusual, and inhumane treatment or

5 punishment prohibited by the Fifth, Eighth, and Four6 teenth Amendments to the Constitution of the United

7 States, as defined in the United States Reservations, Dec8 larations and Understandings to the United Nations Con9 vention Against Torture and Other Forms of Cruel, Inhu10 man or Degrading Treatment or Punishment done at New

11 York, December 10, 1984.

12 SEC. 1076. POLICY OF THE UNITED STATES ON THE INTER13 CONTINENTAL BALLISTIC MISSILE FORCE.

14 (a) FINDINGS.—Congress makes the following find15 ings:

16 (1) Consistent with warhead levels agreed to in

17 the Moscow Treaty, the United States is modifying

18 the capacity of the Minuteman III intercontinental

19 ballistic missile (ICBM) from its prior capability to

20 carry up to 3 independent reentry vehicles (RVs) to

21 carry as few as a single reentry vehicle, a process

22 known as downloading.

23 (2) A series of Department of Defense studies

24 of United States strategic forces, including the 2001
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1 Nuclear Posture Review, has confirmed the contin2 ued need for 500 intercontinental ballistic missiles.

3 (3) In a potential nuclear crisis it is important

4 that the nuclear weapons systems of the United

5 States be configured so as to discourage other na6 tions from making a first strike.

7 (4) The intercontinental ballistic missile force is

8 currently being considered as part of the delibera9 tions of the Department of Defense for the Quadren10 nial Defense Review.

11 (b) STATEMENT OF UNITED STATES POLICY.—It is

12 the policy of the United States to continue to deploy a

13 force of 500 intercontinental ballistic missiles, provided

14 that unanticipated strategic developments may compel the

15 United States to make changes to this force structure in

16 the future.

17 (c) MOSCOW TREATY DEFINED.—In this section, the

18 term ‘‘Moscow Treaty’’ means the Treaty Between the

19 United States of America and the Russian Federation on

20 Strategic Offensive Reductions, done at Moscow on May

21 24, 2002.

22 SEC. 1077. GRANT OF FEDERAL CHARTER TO KOREAN WAR

23 VETERANS ASSOCIATION, INCORPORATED.

24 (a) GRANT OF CHARTER.—Part B of subtitle II of

25 title 36, United States Code, is amended—
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1 (1) by striking the following:

2 ‘‘CHAPTER 1201—[RESERVED]’’;

3 and

4 (2) by inserting after chapter 1103 the fol5 lowing new chapter:

6 ‘‘CHAPTER 1201—KOREAN WAR VETERANS

7 ASSOCIATION, INCORPORATED

‘‘Sec.

‘‘120101. Organization.

‘‘120102. Purposes.

‘‘120103. Membership.

‘‘120104. Governing body.

‘‘120105. Powers.

‘‘120106. Restrictions.

‘‘120107. Tax-exempt status required as condition of charter.

‘‘120108. Records and inspection.

‘‘120109. Service of process.

‘‘120110. Liability for acts of officers and agents.

‘‘120111. Annual report.

‘‘120112. Definition.

8 ‘‘§ 120101. Organization

9 ‘‘(a) FEDERAL CHARTER.—Korean War Veterans

10 Association, Incorporated (in this chapter, the ‘corpora11 tion’), a nonprofit organization that meets the require12 ments for a veterans service organization under section

13 501(c)(19) of the Internal Revenue Code of 1986 and that

14 is organized under the laws of the State of New York,

15 is a federally chartered corporation.

16 ‘‘(b) EXPIRATION OF CHARTER.—If the corporation

17 does not comply with the provisions of this chapter, the

18 charter granted by subsection (a) expires.
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1 ‘‘§ 120102. Purposes

2 ‘‘The purposes of the corporation are those provided

3 in its articles of incorporation and shall include the fol4 lowing:

5 ‘‘(1) Organize as a veterans service organization

6 in order to maintain a continuing interest in the wel7 fare of veterans of the Korean War, and rehabilita8 tion of the disabled veterans of the Korean War to

9 include all that served during active hostilities and

10 subsequently in defense of the Republic of Korea,

11 and their families.

12 ‘‘(2) To establish facilities for the assistance of

13 all veterans and to represent them in their claims

14 before the Department of Veterans Affairs and other

15 organizations without charge.

16 ‘‘(3) To perpetuate and preserve the comrade17 ship and friendships born on the field of battle and

18 nurtured by the common experience of service to our

19 nation during the time of war and peace.

20 ‘‘(4) To honor the memory of those men and

21 women who gave their lives that a free America and

22 a free world might live by the creation of living me23 morial, monuments, and other forms of additional

24 educational, cultural, and recreational facilities.
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1 ‘‘(5) To preserve for ourselves and our posterity

2 the great and basic truths and enduring principles

3 upon which this nation was founded.

4 ‘‘§ 120103. Membership

5 ‘‘Eligibility for membership in the corporation, and

6 the rights and privileges of members of the corporation,

7 are as provided in the bylaws of the corporation.

8 ‘‘§ 120104. Governing body

9 ‘‘(a) BOARD OF DIRECTORS.—The composition of the

10 board of directors of the corporation, and the responsibil11 ities of the board, are as provided in the articles of incor12 poration of the corporation.

13 ‘‘(b) OFFICERS.—The positions of officers of the cor14 poration, and the election of the officers, are as provided

15 in the articles of incorporation.

16 ‘‘§ 120105. Powers

17 ‘‘The corporation has only those powers provided in

18 its bylaws and articles of incorporation filed in each State

19 in which it is incorporated.

20 ‘‘§ 120106. Restrictions

21 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may

22 not issue stock or declare or pay a dividend.

23 ‘‘(b) POLITICAL ACTIVITIES.—The corporation, or a

24 director or officer of the corporation as such, may not con-
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1 tribute to, support, or participate in any political activity

2 or in any manner attempt to influence legislation.

3 ‘‘(c) LOAN.—The corporation may not make a loan

4 to a director, officer, or employee of the corporation.

5 ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU6 THORITY.—The corporation may not claim congressional

7 approval, or the authority of the United States, for any

8 of its activities.

9 ‘‘(e) CORPORATE STATUS.—The corporation shall

10 maintain its status as a corporation incorporated under

11 the laws of the State of New York.

12 ‘‘§ 120107. Tax-exempt status required as condition of

13 charter

14 ‘‘If the corporation fails to maintain its status as an

15 organization exempt from taxation under the Internal

16 Revenue Code of 1986, the charter granted under this

17 chapter shall terminate.

18 ‘‘§ 120108. Records and inspection

19 ‘‘(a) RECORDS.—The corporation shall keep—

20 ‘‘(1) correct and complete records of account;

21 ‘‘(2) minutes of the proceedings of its members,

22 board of directors, and committees having any of the

23 authority of its board of directors; and
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1 ‘‘(3) at its principal office, a record of the

2 names and addresses of its members entitled to vote

3 on matters relating to the corporation.

4 ‘‘(b) INSPECTION.—A member entitled to vote on

5 matters relating to the corporation, or an agent or attor6 ney of the member, may inspect the records of the cor7 poration for any proper purpose, at any reasonable time.

8 ‘‘§ 120109. Service of process

9 ‘‘The corporation shall have a designated agent in the

10 District of Columbia to receive service of process for the

11 corporation. Notice to or service on the agent is notice

12 to or service on the Corporation.

13 ‘‘§ 120110. Liability for acts of officers and agents

14 ‘‘The corporation is liable for the acts of its officers

15 and agents acting within the scope of their authority.

16 ‘‘§ 120111. Annual report

17 ‘‘The corporation shall submit to Congress an annual

18 report on the activities of the corporation during the pre19 ceding fiscal year. The report shall be submitted at the

20 same time as the report of the audit required by section

21 10101(b) of this title. The report may not be printed as

22 a public document.
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1 ‘‘§ 120112. Definition

2 ‘‘For purposes of this chapter, the term ‘State’ in3 cludes the District of Columbia and the territories and

4 possessions of the United States.’’.

5 (b) CLERICAL AMENDMENT.—The item relating to

6 chapter 1201 in the table of chapters at the beginning of

7 subtitle II of title 36, United States Code, is amended to

8 read as follows:

‘‘1201. Korean War Veterans Association, Incorporated ....120101’’.

9 SEC. 1078. ESTABLISHMENT OF THE USS OKLAHOMA MEMO10 RIAL.

11 (a) SITE AND FUNDING FOR MEMORIAL.—Not later

12 than 6 months after the date of enactment of this section,

13 the Secretary of the Navy, in consultation with the Sec14 retary of the Interior shall identify an appropriate site on

15 Ford Island for a memorial for the USS Oklahoma con16 sistent with the ‘‘Pearl Harbor Naval Complex Design

17 Guidelines and Evaluation Criteria for Memorials, April

18 2005’’. The USS Oklahoma Foundation shall be solely re19 sponsible for raising the funds necessary to design and

20 erect a dignified and suitable memorial to the naval per21 sonnel serving aboard the USS Oklahoma when it was at22 tacked on December 7, 1941.

23 (b) ADMINISTRATION AND MAINTENANCE OF MEMO24 RIAL.—After the site has been selected, the Secretary of

25 the Interior shall administer and maintain the site as part
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1 of the USS Arizona Memorial, a unit of the National Park

2 System, in accordance with the laws and regulations appli3 cable to land administered by the National Park Service

4 and any Memorandum of Understanding between the Sec5 retary of the Navy and the Secretary of the Interior. The

6 Secretary of the Navy shall continue to have jurisdiction

7 over the land selected as the site.

8 (c) FUTURE MEMORIALS.—Any future memorials for

9 United States Naval Vessels that were attacked at Pearl

10 Harbor on December 7, 1941, shall be consistent with the

11 ‘‘Pearl Harbor Naval Complex Design Guidelines and

12 Evaluation Criteria for Memorials, April 2005’’.

13 (d) MASTER PLAN.—Not later than one year after

14 the date of the enactment of this Act, the Secretary of

15 the Navy, in consultation with the Secretary of the Inte16 rior, shall submit to the Committee on Armed Services and

17 Committee on Resources of the House of Representatives

18 and the Committee on Armed Services and the Committee

19 on Energy and Natural Resources of the Senate, a master

20 plan for operation and management of the site presently

21 encompassing the visitors center for the USS Arizona Me22 morial, the area commonly known as the ‘‘Halawa Land23 ing’’, and any adjacent properties.
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1 SEC. 1079. PRAYER AT MILITARY SERVICE ACADEMY AC2 TIVITIES.

3 (a) IN GENERAL.—The superintendent of a service

4 academy may have in effect such policy as the super5 intendent considers appropriate with respect to the offer6 ing of a voluntary, nondenominational prayer at an other7 wise authorized activity of the academy, subject to the

8 United States Constitution and such limitations as the

9 Secretary of Defense may prescribe.

10 (b) SERVICE ACADEMIES.—For purposes of this sec11 tion, the term ‘‘service academy’’ means any of the fol12 lowing:

13 (1) The United States Military Academy.

14 (2) The United States Naval Academy.

15 (3) The United States Air Force Academy.

16 SEC. 1080. RIOT CONTROL AGENTS.

17 (a) RESTATEMENT OF POLICY.—It is the policy of

18 the United States that riot control agents are not chemical

19 weapons and that the president may authorize their use

20 as legitimate, legal, and non-lethal alternatives to the use

21 of force that, as provided in Executive Order 11850 (40

22 Fed. Reg. 16187) and consistent with the resolution of

23 ratification of the Chemical Weapons convention, may be

24 employed by members of the Armed Forces in war in de25 fensive military modes to save lives, including the illus26 trative purposes cited in Executive Order 11850.
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1 (b) REPORT REQUIRED.—

2 (1) IN GENERAL.—Not later than 180 days

3 after the date of the enactment of this Act, the

4 President shall submit to Congress a report on the

5 use of riot control agents by members of the Armed

6 Forces.

7 (2) CONTENT.—The report required by para8 graph (1) shall include—

9 (A) a description of all regulations, doc10 trines, training materials, and any other infor11 mation related to the use of riot control agents

12 by members of the Armed Forces;

13 (B) a description of the doctrinal publica14 tions, training, and other resources provided or

15 available to members of the Armed Forces on

16 an annual basis with regard to the tactical em17 ployment of riot control agents;

18 (C) a description of how the material de19 scribed in subparagraphs (A) and (B) is con20 sistent with United States policy on the use of

21 riot control agents;

22 (D) a description of the availability of riot

23 control agents, and the means to employ them,

24 to members of the Armed Forces deployed in

25 Iraq and Afghanistan;
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1 (E) a description of the frequency of use of

2 riot control agents since January 1, 1992, and

3 a summary of views held by military com4 manders about the utility of the employing riot

5 control agents by members of the Armed

6 Forces;

7 (F) a general description of steps taken or

8 to be taken by the Department of Defense to

9 clarify the circumstances under which riot con10 trol agents may be used by members of the

11 Armed Forces; and

12 (G) an assessment of the legality of Execu13 tive Order 11850, including an explanation why

14 Executive Order 11850 remains valid under

15 United States law.

16 (3) FORM.—The report required by paragraph

17 (1) shall be submitted in unclassified form, but may

18 include a classified annex.

19 (c) DEFINITIONS.—In this section:

20 (1) CHEMICAL WEAPONS CONVENTION.—The

21 term ‘‘Chemical Weapons Convention’’ means the

22 Convention on the Prohibitions of Development, Pro23 duction, Stockpiling and Use of Chemical Weapons

24 and on Their Destruction, with annexes, done at
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1 Paris, January 13, 1993, and entered into force

2 April 29, 1997 (T. Doc. 103–21).

3 (2) RESOLUTION OF RATIFICATION OF THE

4 CHEMICAL WEAPONS CONVENTION.—The term ‘‘res5 olution of ratification of the Chemical Weapons Con6 vention’’ means S. Res. 75, 105th Congress, agreed

7 to April 24, 1997, advising and consenting to the

8 ratification of the Chemical Weapons Convention.

9 SEC. 1081. DRUG TRAFFICKING DETERRENCE.

10 (a) FINDINGS.—

11 (1) According to the Department of State, drug

12 trafficking organizations shipped approximately nine

13 tons of cocaine to the United States through the Do14 minican Republic in 2004, and are increasingly

15 using small, high-speed watercraft.

16 (2) Drug traffickers use the Caribbean corridor

17 to smuggle narcotics to the United States via Puerto

18 Rico and the Dominican Republic. This route is

19 ideal for drug trafficking because of its geographic

20 expanse, numerous law enforcement jurisdictions

21 and fragmented investigative efforts.

22 (3) The tethered aerostat system in Lajas,

23 Puerto Rico contributes to deterring and detecting

24 smugglers moving illicit drugs into Puerto Rico. The

25 aerostat’s range and operational capabilities allow it
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1 to provide surveillance coverage of the eastern Carib2 bean corridor and the strategic waterway between

3 Puerto Rico and the Dominican Republic, known as

4 the Mona Passage.

5 (4) Including maritime radar on the Lajas aero6 stat will expand its ability to detect suspicious ves7 sels in the eastern Caribbean corridor.

8 (b) SENSE OF THE SENATE.—Given the above find9 ings, it is the Sense of the Senate that—

10 (1) Congress and the Department of Defense

11 fully fund the Counter-Drug Tethered Aerostat pro12 gram.

13 (2) Department of Defense install maritime

14 radar on the Lajas, Puerto Rico aerostat.

15 SEC. 1082. ESTABLISHMENT OF NATIONAL FOREIGN LAN16 GUAGE COORDINATION COUNCIL.

17 (a) ESTABLISHMENT.—There is established the Na18 tional Foreign Language Coordination Council (in this

19 section referred to as the ‘‘Council’’), which shall be an

20 independent establishment as defined under section 104

21 of title 5, United States Code.

22 (b) MEMBERSHIP.—The Council shall consist of the

23 following members or their designees:

24 (1) The National Language Director, who shall

25 serve as the chairperson of the Council.
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1 (2) The Secretary of Education.

2 (3) The Secretary of Defense.

3 (4) The Secretary of State.

4 (5) The Secretary of Homeland Security.

5 (6) The Attorney General.

6 (7) The Director of National Intelligence.

7 (8) The Secretary of Labor.

8 (9) The Director of the Office of Personnel

9 Management.

10 (10) The Director of the Office of Management

11 and Budget.

12 (11) The Secretary of Commerce.

13 (12) The Secretary of Health and Human Serv14 ices.

15 (13) The Secretary of the Treasury.

16 (14) The Secretary of Housing and Urban De17 velopment.

18 (15) The Secretary of Agriculture.

19 (16) The Chairman and President of the Ex20 port-Import Bank of the United States.

21 (17) The heads of such other Federal agencies

22 as the Council considers appropriate.

23 (c) RESPONSIBILITIES.—

24 (1) IN GENERAL.—The Council shall be

25 charged with—
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1 (A) developing a national foreign language

2 strategy, within 18 months of the date of enact3 ment of this section, in consultation with—

4 (i) State and local government agen5 cies;

6 (ii) academic sector institutions;

7 (iii) foreign language related interest

8 groups;

9 (iv) business associations;

10 (v) industry;

11 (vi) heritage associations; and

12 (vii) other relevant stakeholders;

13 (B) conducting a survey of the status of

14 Federal agency foreign language and area ex15 pertise and agency needs for such expertise;

16 and

17 (C) monitoring the implementation of such

18 strategy through—

19 (i) application of current and recently

20 enacted laws; and

21 (ii) the promulgation and enforcement

22 of rules and regulations.

23 (2) STRATEGY CONTENT.—The strategy devel24 oped under paragraph (1) shall include—
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1 (A) identification of crucial priorities

2 across all sectors;

3 (B) identification and evaluation of Fed4 eral foreign language programs and activities,

5 including—

6 (i) any duplicative or overlapping pro7 grams that may impede efficiency;

8 (ii) recommendations on coordination;

9 (iii) program enhancements; and

10 (iv) allocation of resources so as to

11 maximize use of resources;

12 (C) needed national policies and cor13 responding legislative and regulatory actions in

14 support of, and allocation of designated re15 sources to, promising programs and initiatives

16 at all levels (Federal, State, and local), espe17 cially in the less commonly taught languages

18 that are seen as critical for national security

19 and global competitiveness during the next 20

20 to 50 years;

21 (D) effective ways to increase public

22 awareness of the need for foreign language

23 skills and career paths in all sectors that can

24 employ those skills, with the objective of in-
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1 creasing support for foreign language study

2 among—

3 (i) Federal, State, and local leaders;

4 (ii) students;

5 (iii) parents;

6 (iv) elementary, secondary, and post7 secondary educational institutions; and

8 (v) employers;

9 (E) recommendations for incentives for re10 lated educational programs, including foreign

11 language teacher training;

12 (F) coordination of cross-sector efforts, in13 cluding public-private partnerships;

14 (G) coordination initiatives to develop a

15 strategic posture for language research and rec16 ommendations for funding for applied foreign

17 language research into issues of national con18 cern;

19 (H) recommendations for assistance for—

20 (i) the development of foreign lan21 guage achievement standards; and

22 (ii) corresponding assessments for the

23 elementary, secondary, and postsecondary

24 education levels, including the National As-
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1 sessment of Educational Progress in for2 eign languages;

3 (I) recommendations for development of—

4 (i) language skill-level certification

5 standards;

6 (ii) frameworks for pre-service and

7 professional development study for those

8 who teach foreign language;

9 (iii) suggested graduation criteria for

10 foreign language studies and appropriate

11 non-language studies, such as—

12 (I) international business;

13 (II) national security;

14 (III) public administration;

15 (IV) health care;

16 (V) engineering;

17 (VI) law;

18 (VII) journalism; and

19 (VIII) sciences;

20 (J) identification of and means for repli21 cating best practices at all levels and in all sec22 tors, including best practices from the inter23 national community; and

24 (K) recommendations for overcoming bar25 riers in foreign language proficiency.
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1 (d) SUBMISSION OF STRATEGY TO PRESIDENT AND

2 CONGRESS.—Not later than 18 months after the date of

3 enactment of this section, the Council shall prepare and

4 transmit to the President and the relevant committees of

5 Congress the strategy required under subsection (c).

6 (e) MEETINGS.—The Council may hold such meet7 ings, and sit and act at such times and places, as the

8 Council considers appropriate, but shall meet in formal

9 session at least 2 times a year. State and local government

10 agencies and other organizations (such as academic sector

11 institutions, foreign language-related interest groups,

12 business associations, industry, and heritage community

13 organizations) shall be invited, as appropriate, to public

14 meetings of the Council at least once a year.

15 (f) STAFF.—

16 (1) IN GENERAL.—The Director may—

17 (A) appoint, without regard to the provi18 sions of title 5, United States Code, governing

19 the competitive service, such personnel as the

20 Director considers necessary; and

21 (B) compensate such personnel without re22 gard to the provisions of chapter 51 and sub23 chapter III of chapter 53 of that title.

24 (2) DETAIL OF GOVERNMENT EMPLOYEES.—

25 Upon request of the Council, any Federal Govern-
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1 ment employee may be detailed to the Council with2 out reimbursement, and such detail shall be without

3 interruption or loss of civil service status or privilege

4 (3) EXPERTS AND CONSULTANTS.—With the

5 approval of the Council, the Director may procure

6 temporary and intermittent services under section

7 3109(b) of title 5, United States Code.

8 (4) TRAVEL EXPENSES.—Council members and

9 staff shall be allowed travel expenses, including per

10 diem in lieu of subsistence, at rates authorized for

11 employees of agencies under subchapter I of chapter

12 57 of title 5, United States Code, while away from

13 their homes or regular places of business in the per14 formance of services for the Council.

15 (5) SECURITY CLEARANCE.—

16 (A) IN GENERAL.—Subject to subpara17 graph (B), the appropriate Federal agencies or

18 departments shall cooperate with the Council in

19 expeditiously providing to the Council members

20 and staff appropriate security clearances to the

21 extent possible pursuant to existing procedures

22 and requirements.

23 (B) EXCEPTION.—No person shall be pro24 vided with access to classified information
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1 under this section without the appropriate re2 quired security clearance access.

3 (6) COMPENSATION.—The rate of pay for any

4 employee of the Council (including the Director)

5 may not exceed the rate payable for level V of the

6 Executive Schedule under section 5316 of title 5,

7 United States Code.

8 (g) POWERS.—

9 (1) DELEGATION.—Any member or employee of

10 the Council may, if authorized by the Council, take

11 any action that the Council is authorized to take in

12 this section.

13 (2) INFORMATION.—

14 (A) COUNCIL AUTHORITY TO SECURE.—

15 The Council may secure directly from any Fed16 eral agency such information, consistent with

17 Federal privacy laws, including The Family

18 Educational Rights and Privacy Act (20 U.S.C.

19 1232g) and Department of Education’s General

20 Education Provisions Act (20 U.S.C. 1232(h)),

21 the Council considers necessary to carry out its

22 responsibilities.

23 (B) REQUIREMENT TO FURNISH RE24 QUESTED INFORMATION.—Upon request of the
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1 Director, the head of such agency shall furnish

2 such information to the Council.

3 (3) DONATIONS.—The Council may accept, use,

4 and dispose of gifts or donations of services or prop5 erty.

6 (4) MAIL.—The Council may use the United

7 States mail in the same manner and under the same

8 conditions as other Federal agencies.

9 (h) CONFERENCES, NEWSLETTER, AND WEBSITE.—

10 In carrying out this section, the Council—

11 (1) may arrange Federal, regional, State, and

12 local conferences for the purpose of developing and

13 coordinating effective programs and activities to im14 prove foreign language education;

15 (2) may publish a newsletter concerning Fed16 eral, State, and local programs that are effectively

17 meeting the foreign language needs of the nation;

18 and

19 (3) shall create and maintain a website con20 taining information on the Council and its activities,

21 best practices on language education, and other rel22 evant information.

23 (i) REPORTS.—Not later than 90 days after the date

24 of enactment of this section, and annually thereafter, the

25 Council shall prepare and transmit to the President and
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1 the relevant committees of Congress a report that

2 describes—

3 (1) the activities of the Council;

4 (2) the efforts of the Council to improve foreign

5 language education and training; and

6 (3) impediments to the use of a National For7 eign Language program, including any statutory and

8 regulatory restrictions.

9 (j) ESTABLISHMENT OF A NATIONAL LANGUAGE DI10 RECTOR.—

11 (1) IN GENERAL.—There is established a Na12 tional Language Director who shall be appointed by

13 the President. The National Language Director shall

14 be a nationally recognized individual with credentials

15 and abilities across the sectors to be involved with

16 creating and implementing long-term solutions to

17 achieving national foreign language and cultural

18 competency.

19 (2) RESPONSIBILITIES.—The National Lan20 guage Director shall—

21 (A) develop and monitor the implementa22 tion of a national foreign language strategy

23 across all sectors;

24 (B) establish formal relationships among

25 the major stakeholders in meeting the needs of
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1 the Nation for improved capabilities in foreign

2 languages and cultural understanding, including

3 Federal, State, and local government agencies,

4 academia, industry, labor, and heritage commu5 nities; and

6 (C) coordinate and lead a public informa7 tion campaign that raises awareness of public

8 and private sector careers requiring foreign lan9 guage skills and cultural understanding, with

10 the objective of increasing interest in and sup11 port for the study of foreign languages among

12 national leaders, the business community, local

13 officials, parents, and individuals.

14 (k) ENCOURAGEMENT OF STATE INVOLVEMENT.—

15 (1) STATE CONTACT PERSONS.—The Council

16 shall consult with each State to provide for the des17 ignation by each State of an individual to serve as

18 a State contact person for the purpose of receiving

19 and disseminating information and communications

20 received from the Council.

21 (2) STATE INTERAGENCY COUNCILS AND LEAD

22 AGENCIES.—Each State is encouraged to establish a

23 State interagency council on foreign language co24 ordination or designate a lead agency for the State

25 for the purpose of assuming primary responsibility
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1 for coordinating and interacting with the Council

2 and State and local government agencies as nec3 essary.

4 (l) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated such sums as necessary

6 to carry out this section.

7 SEC. 1083. RETENTION OF REIMBURSEMENT FOR PROVI8 SION OF RECIPROCAL FIRE PROTECTION

9 SERVICES.

10 Section 5 of the Act of May 27, 1955 (chapter 105;

11 69 Stat. 67; 42 U.S.C. 1856d) is amended—

12 (1) by striking ‘‘Funds’’ and inserting ‘‘(a)

13 Funds’’; and

14 (2) by adding at the end the following new sub15 section:

16 ‘‘(b) Notwithstanding the provisions of subsection

17 (a), all sums received for any Department of Defense ac18 tivity for fire protection rendered pursuant to this Act

19 shall be credited to the appropriation fund or account from

20 which the expenses were paid. Amounts so credited shall

21 be merged with funds in such appropriation fund or ac22 count and shall be available for the same purposes and

23 subject to the same limitations as the funds with which

24 the funds are merged.’’.
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1 SEC. 1084. EXPANSION OF EMERGENCY SERVICES UNDER

2 RECIPROCAL AGREEMENTS.

3 Subsection (b) of the first section of the Act of May

4 27, 1955 (69 Stat. 66, chapter 105; 42 U.S.C. 1856(b))

5 is amended by striking ‘‘and fire fighting’’ and inserting

6 ‘‘, fire fighting, and emergency services, including basic

7 and advanced life support, hazardous material contain8 ment and confinement, and special rescue events involving

9 vehicular and water mishaps, and trench, building, and

10 confined space extractions’’.

11 SEC. 1085. RENEWAL OF MORATORIUM ON RETURN OF VET12 ERANS MEMORIAL OBJECTS TO FOREIGN NA13 TIONS WITHOUT SPECIFIC AUTHORIZATION

14 IN LAW.

15 Section 1051(c) of the National Defense Authoriza16 tion Act for Fiscal Year 2000 (Public Law 106–65; 113

17 Stat. 763; 10 U.S.C. 2572 note) is amended by inserting

18 ‘‘, and during the period beginning on the date of the en19 actment of the National Defense Authorization Act for

20 Fiscal Year 2006 and ending on September 30, 2010.

21 SEC. 1086. SENSE OF THE SENATE REGARDING MANNED

22 SPACE FLIGHT.

23 (a) FINDINGS.—The Congress finds that—

24 (1) human spaceflight preeminence allows the

25 United States to project leadership around the world
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1 and forms an important component of United States

2 national security;

3 (2) continued development of human spaceflight

4 in low-Earth orbit, on the Moon, and beyond adds

5 to the overall national strategic posture;

6 (3) human spaceflight enables continued stew7 ardship of the region between the earth and the

8 Moon—an area that is critical and of growing na9 tional and international security relevance;

10 (4) human spaceflight provides unprecedented

11 opportunities for the United States to lead peaceful

12 and productive international relationships with the

13 world community in support of United States secu14 rity and geo-political objectives;

15 (5) a growing number of nations are pursuing

16 human spaceflight and space-related capabilities, in17 cluding China and India;

18 (6) past investments in human spaceflight capa19 bilities represent a national resource that can be

20 built upon and leveraged for a broad range of pur21 poses, including national and economic security; and

22 (7) the industrial base and capabilities rep23 resented by the Space Transportation System pro24 vide a critical dissimilar launch capability for the na25 tion.
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1 (b) SENSE OF THE SENATE.—It is the sense of the

2 Senate that it is in the national security interest of the

3 United States to maintain preeminence in human

4 spaceflight.

5 SEC. 1087. ANNUAL REPORT ON COSTS TO CARRY OUT

6 UNITED NATIONS RESOLUTIONS.

7 (a) REQUIREMENT FOR ANNUAL REPORT.—The Sec8 retary of Defense and the Secretary of State shall submit

9 to the congressional defense committees, the Committee

10 on Foreign Relations of the Senate, and the Committee

11 on International Relations of the House of Representa12 tives an annual report that sets forth all direct and indi13 rect costs (including incremental costs) incurred by the

14 Department of Defense during the preceding year in im15 plementing or supporting any resolution adopted by the

16 United Nations Security Council, including any such reso17 lution calling for international sanctions, international

18 peacekeeping operations, international peace enforcement

19 operations, monitoring missions, observer missions, or hu20 manitarian missions undertaken by the Department of De21 fense. Each such report shall include an aggregate of all

22 such Department of Defense costs by operation or mis23 sion, the percentage of the United States contribution by

24 operation or mission, and the total cost of each operation

25 or mission.
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1 (b) COSTS FOR ASSISTING FOREIGN TROOPS.—The

2 Secretary of Defense and the Secretary of State shall de3 tail in each annual report required by this section all direct

4 and indirect costs (including incremental costs) incurred

5 in training, equipping, and otherwise assisting, preparing,

6 resourcing, and transporting foreign troops for imple7 menting or supporting any resolution adopted by the

8 United Nations Security Council, including any such reso9 lution calling for international sanctions, international

10 peacekeeping operations, international peace enforcement

11 operations, monitoring missions, observer missions, or hu12 manitarian missions.

13 (c) CREDIT AND COMPENSATION.—The Secretary of

14 Defense and the Secretary of State shall detail in each

15 annual report required by this section all efforts made to

16 seek credit against past United Nations expenditures and

17 all efforts made to seek compensation from the United Na18 tions for costs incurred by the Department of Defense in

19 implementing and supporting United Nations activities.

20 (d) FORM OF REPORT.—Each annual report required

21 by this section shall be submitted in unclassified form, but

22 may include a classified annex.
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1 SEC. 1088. SENSE OF SENATE ON AERONAUTICS RESEARCH

2 AND DEVELOPMENT.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) The advances made possible by Govern6 ment-funded research in emerging aeronautics tech7 nologies have enabled longstanding military air supe8 riority for the United States in recent decades.

9 (2) Military aircraft incorporate advanced tech10 nologies developed at research centers of the Na11 tional Aeronautics and Space Administration.

12 (3) The vehicle systems program of the Na13 tional Aeronautics and Space Administration has

14 provided major technology advances that have been

15 used in every major civil and military aircraft devel16 oped over the last 50 years.

17 (4) It is important for the cooperative research

18 efforts of the National Aeronautics and Space Ad19 ministration and the Department of Defense that

20 funding of research on military aviation technologies

21 be robust.

22 (5) Recent National Aeronautics and Space Ad23 ministration and independent studies have dem24 onstrated the competitiveness, scientific merit, and

25 necessity of existing aeronautics programs.
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1 (6) The economic and military security of the

2 United States is enhanced by the continued develop3 ment of improved aeronautics technologies.

4 (7) A national effort is needed to ensure that

5 the National Aeronautics and Space Administration

6 can help meet future aviation needs.

7 (b) SENSE OF SENATE.—It is the sense of the Senate

8 that it is in the national security interest of the United

9 States to maintain a strong aeronautics research and de10 velopment program within the Department of Defense and

11 the National Aeronautics and Space Administration.

12 SEC. 1089. REPORT ON CLAIMS RELATED TO THE BOMBING

13 OF THE LABELLE DISCOTHEQUE.

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that—

16 (1) the Government of Libya should be com17 mended for the steps the Government has taken to

18 renounce terrorism and to eliminate Libya’s weapons

19 of mass destruction and related programs; and

20 (2) an important priority for improving rela21 tions between the United States and Libya should be

22 a good faith effort on the part of the Government

23 of Libya to resolve the claims of members of the

24 Armed Forces of the United States and other

25 United States citizens who were injured in the
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1 bombing of the LaBelle Discotheque in Berlin, Ger2 many that occurred in April 1986, and of family

3 members of members of the Armed Forces of the

4 United States who were killed in that bombing.

5 (b) REPORTS.—

6 (1) INITIAL REPORT.—Not later than 90 days

7 after the date of enactment of this Act, the Sec8 retary of State shall submit to the appropriate con9 gressional committees a report on the status of ne10 gotiations between the Government of Libya and

11 United States claimants in connection with the

12 bombing of the LaBelle Discotheque in Berlin, Ger13 many that occurred in April 1986, regarding resolu14 tion of their claims. The report shall also include in15 formation on efforts by the Government of the

16 United States to urge the Government of Libya to

17 make a good faith effort to resolve such claims.

18 (2) UPDATE.—Not later than one year after en19 actment of this Act, the Secretary of State shall sub20 mit to the appropriate congressional committees an

21 update of the report required by paragraph (1).

22 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘‘appropriate congres24 sional committees’’ means the Committee on Armed Serv25 ices and the Committee on Foreign Relations of the Sen-
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1 ate and the Committee on Armed Services and the Com2 mittee on International Relations of the House of Rep3 resentatives.

4 SEC. 1090. COAL-TO-LIQUID FUEL DEVELOPMENT PLAN.

5 (a) DEFINITION OF DESIGNATED COMMITTEES.—In

6 this section, the term ‘‘designated committees’’ means—

7 (1) the Committees on Armed Services, Energy

8 and Natural Resources, and Appropriations of the

9 Senate; and

10 (2) the Committees on Armed Services, Energy

11 and Commerce, and Appropriations of the House of

12 Representatives.

13 (b) DEVELOPMENT PLAN AND REPORT.—Not later

14 than 90 days after the date of enactment of this Act, using

15 amounts available to the Department of Defense and the

16 National Energy Technology Laboratory of the Depart17 ment of Energy—

18 (1) the Secretary of Energy, in coordination

19 with the Secretary of Defense, shall prepare and

20 submit to the designated committees a development

21 plan for a coal-to-liquid fuels program; and

22 (2) the Secretary of Defense, in coordination

23 with the Secretary of Energy, shall prepare and sub24 mit to the designated committees a report on the po-
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1 tential use of the fuels by the Department of De2 fense.

3 (c) REQUIREMENTS.—The development plan de4 scribed in subsection (b)(1) shall be prepared taking into

5 consideration—

6 (1) technology needs and developmental bar7 riers;

8 (2) economic and national security effects;

9 (3) environmental standards and carbon cap10 ture and storage opportunities;

11 (4) financial incentives;

12 (5) timelines and milestones;

13 (6) diverse regions having coal reserves that

14 would be suitable for liquefaction plants;

15 (7) coal-liquid fuel testing to meet civilian and

16 military engine standards and markets; and

17 (8) any roles other Federal agencies, State gov18 ernments, and international entities could play in de19 veloping a coal-to-liquid fuel industry.

20 SEC. 1091. SENSE OF SENATE ON COMMON REMOTELY OP21 ERATED WEAPONS STATION (CROWS) PLAT22 FORM.

23 (a) FINDINGS.—The Senate makes the following

24 findings:
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1 (1) With only a few systems deployed, the Com2 mon Remotely Operated Weapons Station (CROWS)

3 platform is already saving the lives of soldiers today

4 in Iraq by moving soldiers out of the exposed gun5 ner’s seat and into the protective shell of an up-ar6 mored Humvee.

7 (2) The Common Remotely Operated Weapons

8 Station platform dramatically improves battlefield

9 awareness by providing a laser rangefinder, night vi10 sion, telescopic vision, a fire control computer that

11 allows on-the-move target acquisition, and one-shot

12 one-kill accuracy at the maximum range of a weap13 on.

14 (3) As they become available, new technologies

15 can be incorporated into the Common Remotely Op16 erated Weapons Station platform, thus making the

17 platform scalable.

18 (4) The Army has indicated that an additional

19 $206,000,000 will be required in fiscal year 2006 to

20 procure 750 Common Remotely Operated Weapons

21 Station units for the Armed Forces, and to prepare

22 for future production of such weapons stations.

23 (b) SENSE OF SENATE.—It is the sense of the Senate

24 that the President should include in the next request sub25 mitted to Congress for supplemental funding for military
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1 operations in Iraq and Afghanistan sufficient funds for the

2 production in fiscal year 2006 of a number of Common

3 Remotely Operated Weapons Station units that is ade4 quate to meet the requirements of the Armed Forces.

5 SEC. 1092. REVIEW OF STATUS OF DETAINEES.

6 (a) SUBMITTAL OF PROCEDURES FOR STATUS RE7 VIEW OF DETAINEES AT GUANTANAMO BAY, CUBA.—Not

8 later than 180 days after the date of the enactment of

9 this Act, the Secretary of Defense shall submit to the con10 gressional defense committees, and to the Committees on

11 the Judiciary of the Senate and the House of Representa12 tives, a report setting forth the procedures of the Combat13 ant Status Review Tribunals and the noticed Administra14 tive Review Boards in operation at Guantanamo Bay,

15 Cuba, for determining the status of the detainees held at

16 Guantanamo Bay.

17 (b) PROCEDURES.—The procedures submitted to

18 Congress pursuant to subsection (a) shall, with respect to

19 proceedings beginning after the date of the submittal of

20 such procedures under that subsection, ensure that—

21 (1) in making a determination of status of any

22 detainee under such procedures, a Combatant Status

23 Review Tribunal or Administrative Review Board

24 may not consider statements derived from persons

25 that, as determined by such Tribunal or Board, by
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1 the preponderance of the evidence, were obtained

2 with undue coercion; and

3 (2) the Designated Civilian Official shall be an

4 officer of the United States Government whose ap5 pointment to office was made by the President, by

6 and with the advice and consent of the Senate.

7 (c) REPORT ON MODIFICATION OF PROCEDURES.—

8 The Secretary of Defense shall submit to the committees

9 of Congress referred to in subsection (a) a report on any

10 modification of the procedures submitted under subsection

11 (a) not later than 60 days before the date on which such

12 modification goes into effect.

13 (d) JUDICIAL REVIEW OF DETENTION OF ENEMY

14 COMBATANTS.—

15 (1) IN GENERAL.—Section 2241 of title 28,

16 United States Code, is amended by adding at the

17 end the following:

18 ‘‘(e) No court, justice, or judge shall have jurisdiction

19 to hear or consider an application for a writ of habeas

20 corpus filed by or on behalf of an alien outside the United

21 States (as that term is defined in section 101(a)(38) of

22 the Immigration and Naturalization Act (8 U.S.C.

23 1101(a)(38)) who is detained by the Department of De24 fense at Guantanamo Bay, Cuba.’’.
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1 (2) REVIEW OF DECISIONS OF COMBATANT STA2 TUS REVIEW TRIBUNALS OF PROPRIETY OF DETEN3 TION.—

4 (A) IN GENERAL.—Subject to subpara5 graphs (B), (C), and (D), the United States

6 Court of Appeals for the District of Columbia

7 Circuit shall have exclusive jurisdiction to deter8 mine the validity of any decision of a Des9 ignated Civilian Official described in subsection

10 (b)(2) that an alien is properly detained as an

11 enemy combatant.

12 (B) LIMITATION ON CLAIMS.—The juris13 diction of the United States Court of Appeals

14 for the District of Columbia Circuit under this

15 paragraph shall be limited to claims brought by

16 or on behalf of an alien—

17 (i) who is, at the time a request for

18 review by such court is filed, detained by

19 the Department of Defense at Guanta20 namo Bay, Cuba; and

21 (ii) for whom a Combatant Status Re22 view Tribunal has been conducted, pursu23 ant to applicable procedures specified by

24 the Secretary of Defense.
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1 (C) SCOPE OF REVIEW.—The jurisdiction

2 of the United States Court of Appeals for the

3 District of Columbia Circuit on any claims with

4 respect to an alien under this paragraph shall

5 be limited to the consideration of—

6 (i) whether the status determination

7 of the Combatant Status Review Tribunal

8 with regard to such alien applied the cor9 rect standards and was consistent with the

10 procedures specified by the Secretary of

11 Defense for Combatant Status Review Tri12 bunals (including the requirement that the

13 conclusion of the Tribunal be supported by

14 a preponderance of the evidence and allow15 ing a rebuttable presumption in favor the

16 Government’s evidence); and

17 (ii) whether subjecting an alien enemy

18 combatant to such standards and proce19 dures is consistent with the Constitution

20 and laws of the United States.

21 (D) TERMINATION ON RELEASE FROM

22 CUSTODY.—The jurisdiction of the United

23 States Court of Appeals for the District of Co24 lumbia Circuit with respect to the claims of an

25 alien under this paragraph shall cease upon the
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1 release of such alien from the custody of the

2 Department of Defense.

3 (3) REVIEW OF FINAL DECISIONS OF MILITARY

4 COMMISSIONS.—

5 (A) IN GENERAL.—Subject to subpara6 graphs (C) and (D), the United States Court of

7 Appeals for the District of Columbia Circuit

8 shall have exclusive jurisdiction to determine

9 the validity of any final decision rendered pur10 suant to Military Commission Order No. 1,

11 dated August 31, 2005 (or any successor mili12 tary order).

13 (B) GRANT OF REVIEW.—Review under

14 this paragraph—

15 (i) with respect to a capital case or a

16 case in which the alien was sentenced to a

17 term of imprisonment of 10 years or more,

18 shall be as of right; or

19 (ii) with respect to any other case,

20 shall be at the discretion of the United

21 States Court of Appeals for the District of

22 Columbia Circuit.

23 (C) LIMITATION ON APPEALS.—The juris24 diction of the United States Court of Appeals

25 for the District of Columbia Circuit under this
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1 paragraph shall be limited to an appeal brought

2 by or on behalf of an alien—

3 (i) who was, at the time of the pro4 ceedings pursuant to the military order re5 ferred to in subparagraph (A), detained by

6 the Department of Defense at Guanta7 namo Bay, Cuba; and

8 (ii) for whom a final decision has been

9 rendered pursuant to such military order.

10 (D) SCOPE OF REVIEW.—The jurisdiction

11 of the United States Court of Appeals for the

12 District of Columbia Circuit on an appeal of a

13 final decision with respect to an alien under

14 this paragraph shall be limited to the consider15 ation of—

16 (i) whether the final decision applied

17 the correct standards and was consistent

18 with the procedures specified in the mili19 tary order referred to in subparagraph (A);

20 and

21 (ii) whether subjecting an alien enemy

22 combatant to such order is consistent with

23 the Constitution and laws of the United

24 States.

25 (e) EFFECTIVE DATE.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), this section shall take effect on the day

3 after the date of the enactment of this Act.

4 (2) REVIEW OF COMBATANT STATUS TRIBUNAL

5 AND MILITARY COMMISSION DECISIONS.—Para6 graphs (2) and (3) of subsection (d) shall apply with

7 respect to any claim whose review is governed by one

8 of such paragraphs and that is pending on or after

9 the date of the enactment of this Act.

10 TITLE XI—DEPARTMENT OF DE11 FENSE CIVILIAN PERSONNEL

12 POLICY

13 SEC. 1101. EXTENSION OF AUTHORITY FOR VOLUNTARY

14 SEPARATIONS IN REDUCTIONS IN FORCE.

15 Section 3502(f)(5) of title 5, United States Code, is

16 amended by striking ‘‘September 30, 2005’’ and inserting

17 ‘‘September 30, 2010’’.

18 SEC. 1102. COMPENSATORY TIME OFF FOR NON19 APPROPRIATED FUND EMPLOYEES OF THE

20 DEPARTMENT OF DEFENSE.

21 Section 5543 of title 5, United States Code, is

22 amended by adding at the end the following new sub23 section:

24 ‘‘(d) The Secretary of Defense may, on request of a

25 Department of Defense employee paid from non-
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1 appropriated funds, grant such employee compensatory

2 time off from duty instead of overtime pay for overtime

3 work.’’.

4 SEC. 1103. EXTENSION OF AUTHORITY TO PAY SEVERANCE

5 PAYMENTS IN LUMP SUMS.

6 Section 5595(i)(4) of title 5, United States Code, is

7 amended by striking ‘‘October 1, 2006’’ and inserting

8 ‘‘October 1, 2010’’.

9 SEC. 1104. CONTINUATION OF FEDERAL EMPLOYEE

10 HEALTH BENEFITS PROGRAM ELIGIBILITY.

11 Section 8905a(d)(4)(B) of title 5, United States

12 Code, is amended—

13 (1) in clause (i), by striking ‘‘October 1, 2006’’

14 and inserting ‘‘October 1, 2010’’; and

15 (2) in clause (ii)—

16 (A) by striking ‘‘February 1, 2007’’ and

17 inserting ‘‘February 1, 2011’’; and

18 (B) by striking ‘‘October 1, 2006’’ and in19 serting ‘‘October 1, 2010’’.

20 SEC. 1105. PERMANENT AND ENHANCED AUTHORITY FOR

21 SCIENCE, MATHEMATICS, AND RESEARCH

22 FOR TRANSFORMATION (SMART) DEFENSE

23 EDUCATION PROGRAM.

24 (a) PERMANENT AUTHORITY FOR PROGRAM.—Sec25 tion 1105 of the Ronald W. Reagan National Defense Au-
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1 thorization Act for Fiscal Year 2005 (Public Law 108–

2 375; 118 Stat. 2074; 10 U.S.C. 2192 note) is amended—

3 (1) in subsection (a)—

4 (A) by striking ‘‘(1)’’; and

5 (B) by striking paragraph (2); and

6 (2) by striking ‘‘pilot’’ each place it appears.

7 (b) ASSISTANCE UNDER PROGRAM.—Such section is

8 further amended—

9 (1) in subsection (b)—

10 (A) by striking ‘‘(b)’’ and all that follows

11 through ‘‘a scholarship’’ and inserting ‘‘(b) AS12 SISTANCE.—(1) Under the program under this

13 section, the Secretary of Defense may award a

14 scholarship or fellowship’’;

15 (B) in paragraph (1)(B), by inserting ‘‘ac16 credited’’ before ‘‘institution of higher edu17 cation’’;

18 (C) in paragraph (2)—

19 (i) by inserting ‘‘or fellowship’’ after

20 ‘‘scholarship’’;

21 (ii) by inserting ‘‘equipment ex22 penses,’’ after ‘‘laboratory expenses,’’; and

23 (iii) by striking the second sentence;

24 and
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1 (D) by adding at the end the following new

2 paragraph:

3 ‘‘(3) Any assistance payable to a person under this

4 subsection may be paid directly to the person awarded

5 such assistance or to an administering entity that shall

6 disburse such assistance to the person.’’; and

7 (2) in subsection (c)(2)—

8 (A) by striking ‘‘a scholarship’’ and insert9 ing ‘‘financial assistance’’;

10 (B) by striking ‘‘the financial assistance

11 provided under the scholarship’’ and inserting

12 ‘‘such financial assistance’’; and

13 (C) by striking ‘‘the scholarship.’’ and in14 serting ‘‘such financial assistance.’’.

15 (c) EMPLOYMENT OF PROGRAM PARTICIPANTS.—

16 Such section is further amended—

17 (1) by redesignating subsections (d), (e), (f),

18 (g), and (h) as subsections (e), (f), (g), (h), and (i),

19 respectively; and

20 (2) by inserting after subsection (c) the fol21 lowing new subsection (d):

22 ‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.—

23 (1) The Secretary of Defense may—

24 ‘‘(A) appoint or retain a person participating in

25 the program under this section in a position on an
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1 interim basis during the period of such person’s pur2 suit of a degree under the program and for a period

3 not to exceed 2 years after completion of the degree,

4 but only if, in the case of the period after completion

5 of the degree—

6 ‘‘(i) there is no readily available appro7 priate permanent position for such person; and

8 ‘‘(ii) there is an active and ongoing effort

9 to identify and assign such person to an appro10 priate permanent position as soon as prac11 ticable; and

12 ‘‘(B) if there is no appropriate permanent posi13 tion available after the end of the periods described

14 in subparagraph (A), separate such person from em15 ployment with the Department without regard to

16 any other provision of law, in which event the service

17 agreement of such person under subsection (c) shall

18 terminate.

19 ‘‘(2) The period of service of a person covered by

20 paragraph (1) in a position on an interim basis under that

21 paragraph shall, after completion of the degree, be treated

22 as a period of service for purposes of satisfying the obli23 gated service requirements of the person under the service

24 agreement of the person under subsection (c).’’.
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1 (d) REFUND FOR PERIOD OF UNSERVED OBLIGATED

2 SERVICE.—Paragraph (1) of subsection (e) of such sec3 tion, as redesignated by subsection (c)(1) of this section,

4 is amended to read as follows:

5 ‘‘(1)(A) A participant in the program under this sec6 tion who is not an employee of the Department of Defense

7 and who voluntarily fails to complete the educational pro8 gram for which financial assistance has been provided

9 under this section, or fails to maintain satisfactory aca10 demic progress as determined in accordance with regula11 tions prescribed by the Secretary of Defense, shall refund

12 to the United States an appropriate amount, as deter13 mined by the Secretary.

14 ‘‘(B) A participant in the program under this section

15 who is an employee of the Department of Defense and

16 who—

17 ‘‘(i) voluntarily fails to complete the educational

18 program for which financial assistance has been pro19 vided, or fails to maintain satisfactory academic

20 progress as determined in accordance with regula21 tions prescribed by the Secretary; or

22 ‘‘(ii) before completion of the period of obli23 gated service required of such participant—

24 ‘‘(I) voluntarily terminates such partici25 pant’s employment with the Department; or
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1 ‘‘(II) is removed from such participant’s

2 employment with the Department on the basis

3 of misconduct,

4 shall refund the United States an appropriate amount, as

5 determined by the Secretary.’’.

6 (e) CONFORMING AMENDMENTS.—

7 (1) Subsection (f) of such section, as redesig8 nated by subsection (c)(1) of this section, is further

9 amended by striking ‘‘PILOT’’.

10 (2) The heading of such section is amended to

11 read as follows:

12 ‘‘SEC. 1105. SCIENCE, MATHEMATICS, AND RESEARCH FOR

13 TRANSFORMATION (SMART) DEFENSE EDU14 CATION PROGRAM.’’.

15 (3) Section 3304(a)(3)(B)(ii) of title 5, United

16 States Code, is—

17 (A) by striking ‘‘Scholarship Pilot Pro18 gram’’ and inserting ‘‘Defense Education Pro19 gram’’; and

20 (B) by inserting ‘‘(10 U.S.C. 2912 note)’’

21 after ‘‘for Fiscal Year 2005’’.
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1 SEC. 1106. STRATEGIC HUMAN CAPITAL PLAN FOR CIVIL2 IAN EMPLOYEES OF THE DEPARTMENT OF

3 DEFENSE.

4 (a) PLAN REQUIRED.—(1) Not later than six months

5 after the date of the enactment of this Act, the Secretary

6 of Defense shall develop and submit to the appropriate

7 committees of Congress a strategic plan to shape and im8 prove the civilian employee workforce of the Department

9 of Defense.

10 (2) The plan shall be known as the ‘‘strategic human

11 capital plan’’.

12 (b) CONTENTS.—The strategic human capital plan

13 required by subsection (a) shall include—

14 (1) a workforce gap analysis, including an as15 sessment of—

16 (A) the critical skills and competencies

17 that will be needed in the future civilian em18 ployee workforce of the Department of Defense

19 to support national security requirements and

20 effectively manage the Department over the

21 next decade;

22 (B) the skills and competencies of the ex23 isting civilian employee workforce of the De24 partment and projected trends in that work25 force based on expected losses due to retirement

26 and other attrition; and
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1 (C) gaps in the existing or projected civil2 ian employee workforce of the Department that

3 should be addressed to ensure that the Depart4 ment has continued access to the critical skills

5 and competencies described in subparagraph

6 (A); and

7 (2) a plan of action for developing and reshap8 ing the civilian employee workforce of the Depart9 ment to address the gaps in critical skills and com10 petencies identified under paragraph (1)(C),

11 including—

12 (A) specific recruiting and retention goals,

13 including the program objectives of the Depart14 ment to be achieved through such goals; and

15 (B) specific strategies for development,

16 training, deploying, compensating, and moti17 vating the civilian employee workforce of the

18 Department, including the program objectives

19 of the Department to be achieved through such

20 strategies.

21 (c) INAPPLICABILITY OF CERTAIN LIMITATIONS.—

22 The recruitment and retention of civilian employees to

23 meet the goals established under subsection (b)(2)(A)

24 shall not be subject to any limitation or constraint under

25 statute or regulations on the end strength of the civilian
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1 workforce of the Department of Defense or any part of

2 the workforce of the Department.

3 (d) ANNUAL UPDATES.—Not later than March 1 of

4 each year from 2007 through 2012, the Secretary shall

5 update the strategic human capital plan required by sub6 section (a), as previously updated under this subsection.

7 (e) ANNUAL REPORTS.—Not later than March 1 of

8 each year from 2007 through 2012, the Secretary shall

9 submit to the appropriate committees of Congress—

10 (1) the update of the strategic human capital

11 plan prepared in such year under subsection (d); and

12 (2) the assessment of the Secretary, using re13 sults-oriented performance measures, of the progress

14 of the Department of Defense in implementing the

15 strategic human capital plan.

16 (f) COMPTROLLER GENERAL REVIEW.—(1) Not later

17 than 90 days after the Secretary submits under subsection

18 (a) the strategic human capital plan required by that sub19 section, the Comptroller General shall submit to the ap20 propriate committees of Congress a report on the plan.

21 (2) Not later than 90 days after the Secretary sub22 mits under subsection (e) an update of the strategic

23 human capital plan under subsection (d), the Comptroller

24 General shall submit to the appropriate committees of

25 Congress a report on the update.
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1 (3) A report on the strategic human capital plan

2 under paragraph (1), or on an update of the plan under

3 paragraph (2), shall include the assessment of the Comp4 troller General of the extent to which the plan or update,

5 as the case may be—

6 (A) complies with the requirements of this sec7 tion; and

8 (B) complies with applicable best management

9 practices (as determined by the Comptroller Gen10 eral).

11 (g) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate commit13 tees of Congress’’ means—

14 (1) the Committees on Armed Services and

15 Homeland Security and Governmental Affairs of the

16 Senate; and

17 (2) the Committees on Armed Services and

18 Government Reform of the House of Representa19 tives.

20 SEC. 1107. INCREASE IN AUTHORIZED NUMBER OF DE21 FENSE INTELLIGENCE SENIOR EXECUTIVE

22 SERVICE EMPLOYEES.

23 Section 1606(a) of title 10, United States Code, is

24 amended by striking ‘‘544’’ and inserting ‘‘the following:

25 ‘‘(1) In fiscal year 2005, 544.
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1 ‘‘(2) In fiscal year 2006, 619.

2 ‘‘(3) In fiscal years after fiscal year 2006,

3 694.’’.

4 SEC. 1108. COMPTROLLER GENERAL STUDY ON FEATURES

5 OF SUCCESSFUL PERSONNEL MANAGEMENT

6 SYSTEMS OF HIGHLY TECHNICAL AND SCI7 ENTIFIC WORKFORCES.

8 (a) IN GENERAL.—The Comptroller General of the

9 United States shall conduct a study to identify the fea10 tures of successful personnel management systems of the

11 highly technical and scientific workforces of the Depart12 ment of Defense laboratories and similar scientific facili13 ties and institutions.

14 (b) ELEMENTS.—The study required by subsection

15 (a) shall include the following:

16 (1) An examination of the flexible personnel

17 management authorities, whether under statute or

18 regulations, currently being utilized at Department

19 of Defense demonstration laboratories to assist in

20 the management of the workforce of such labora21 tories.

22 (2) An identification of any flexible personnel

23 management authorities, whether under statute or

24 regulations, available for use in the management of

25 Department of Defense laboratories to assist in the
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1 management of the workforces of such laboratories

2 that are not currently being utilized.

3 (3) An assessment of personnel management

4 practices utilized by scientific and technical labora5 tories and institutions that are similar to the De6 partment of Defense laboratories.

7 (4) A comparative analysis of the specific fea8 tures identified by the Comptroller General in suc9 cessful personnel management systems of highly

10 technical and scientific workforces to attract and re11 tain critical employees and to provide local manage12 ment authority to Department of Defense laboratory

13 officials.

14 (c) PURPOSES.—The purposes of the study shall

15 include—

16 (1) the identification of the specific features of

17 successful personnel management systems of highly

18 technical and scientific workforces;

19 (2) an assessment of the potential effects of the

20 utilization of such features by Department of De21 fense laboratories on the missions of such labora22 tories and on the mission of the Department of De23 fense as a whole; and
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1 (3) recommendations as to the future utilization

2 of such features in Department of Defense labora3 tories.

4 (d) LABORATORY PERSONNEL DEMONSTRATION AU5 THORITIES.—The laboratory personnel demonstration au6 thorities set forth in this subsection are as follows:

7 (1) The authorities in section 342(b) of the Na8 tional Defense Authorization Act for Fiscal Year

9 1995 (Public Law 103–337; 108 Stat. 2721), as

10 amended by section 1114 of the Floyd D. Spence

11 National Defense Authorization Act for Fiscal Year

12 2001 (as enacted into law by Public Law 106–398

13 (114 Stat. 1654A–315)).

14 (2) The authorities in section 1101 of the

15 Strom Thurmond National Defense Authorization

16 Act for Fiscal Year 1999 (Public Law 105–261; 5

17 U.S.C. 3104 note).

18 (e) REPORT.—Not later than one year after the date

19 of the enactment of this Act, the Comptroller General shall

20 submit to the appropriate committees of Congress a report

21 on the study required by this section. The report shall

22 include—

23 (1) a description of the study;

24 (2) an assessment of the effectiveness of the

25 current utilization by the Department of Defense of
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1 the laboratory personnel demonstration authorities

2 set forth in subsection (d); and

3 (3) such recommendations as the Comptroller

4 General considers appropriate for the effective use of

5 available personnel management authorities to en6 sure the successful personnel management of the

7 highly technical and scientific workforce of the De8 partment of Defense laboratories.

9 (f) APPROPRIATE COMMITTEES OF CONGRESS DE10 FINED.—In this section, the term ‘‘appropriate commit11 tees of Congress’’ means—

12 (1) the Committees on Armed Services, Appro13 priations, and Homeland Security and Governmental

14 Affairs of the Senate; and

15 (2) the Committees on Armed Services, Appro16 priations, and Government Reform of the House of

17 Representatives.

18 SEC. 1109. BID PROTESTS BY FEDERAL EMPLOYEES IN AC19 TIONS UNDER OFFICE OF MANAGEMENT AND

20 BUDGET CIRCULAR A–76.

21 (a) ELIGIBILITY TO PROTEST.—(1) Section 3551(2)

22 of title 31, United States Code, is amended to read as

23 follows:

24 ‘‘(2) The term ‘interested party’—
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1 ‘‘(A) with respect to a contract or a solici2 tation or other request for offers described in

3 paragraph (1), means an actual or prospective

4 bidder or offeror whose direct economic interest

5 would be affected by the award of the contract

6 or by failure to award the contract; and

7 ‘‘(B) with respect to a public-private com8 petition conducted under Office of Management

9 and Budget Circular A–76 regarding perform10 ance of an activity or function of a Federal

11 agency, includes—

12 ‘‘(i) any official who submitted the

13 agency tender in such competition; and

14 ‘‘(ii) any one person who, for the pur15 pose of representing them in a protest

16 under this subchapter that relates to such

17 competition, has been designated as their

18 agent by a majority of the employees of

19 such Federal agency who are engaged in

20 the performance of such activity or func21 tion.’’.

22 (2)(A) Subchapter V of chapter 35 of such title is

23 amended by adding at the end the following new section:
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1 ‘‘§ 3557. Expedited action in protests for Public-Pri2 vate competitions

3 ‘‘For protests in cases of public-private competitions

4 conducted under Office of Management and Budget Cir5 cular A–76 regarding performance of an activity or func6 tion of Federal agencies, the Comptroller General shall ad7 minister the provisions of this subchapter in a manner

8 best suited for expediting final resolution of such protests

9 and final action in such competitions.’’.

10 (B) The chapter analysis at the beginning of such

11 chapter is amended by inserting after the item relating

12 to section 3556 the following new item:

‘‘3557. Expedited action in protests for public-private competitions.’’.

13 (b) RIGHT TO INTERVENE IN CIVIL ACTION.—Sec14 tion 1491(b) of title 28, United States Code, is amended

15 by adding at the end the following new paragraph:

16 ‘‘(5) If a private sector interested party commences

17 an action described in paragraph (1) in the case of a pub18 lic-private competition conducted under Office of Manage19 ment and Budget Circular A–76 regarding performance

20 of an activity or function of a Federal agency, then an

21 official or person described in section 3551(2)(B) of title

22 31 shall be entitled to intervene in that action.’’.

23 (c) APPLICABILITY.—Subparagraph (B) of section

24 3551(2) of title 31, United States Code (as added by sub25 section (a)), and paragraph (5) of section 1491(b) of title
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1 28, United States Code (as added by subsection (b)), shall

2 apply to—

3 (1) protests and civil actions that challenge

4 final selections of sources of performance of an ac5 tivity or function of a Federal agency that are made

6 pursuant to studies initiated under Office of Man7 agement and Budget Circular A–76 on or after Jan8 uary 1, 2004; and

9 (2) any other protests and civil actions that re10 late to public-private competitions initiated under

11 Office of Management and Budget Circular A–76 on

12 or after the date of the enactment of this Act.

13 TITLE XII—MATTERS RELATING

14 TO OTHER NATIONS

15 SEC. 1201. COMMANDERS’ EMERGENCY RESPONSE PRO16 GRAM.

17 (a) AUTHORITY FOR FISCAL YEARS 2006 AND

18 2007.—During fiscal year 2006 and fiscal year 2007,

19 from funds made available to the Department of Defense

20 for operation and maintenance for such fiscal year, not

21 to exceed $500,000,000 may be used in each such fiscal

22 year to provide funds—

23 (1) for the Commanders’ Emergency Response

24 Program; and
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1 (2) for a similar program to assist the people

2 of Afghanistan.

3 (b) QUARTERLY REPORTS.—Not later than 15 days

4 after the end of each fiscal-year quarter (beginning with

5 the first quarter of fiscal year 2006), the Secretary of De6 fense shall submit to the congressional defense committees

7 a report regarding the source of funds and the allocation

8 and use of funds during that quarter that were made

9 available pursuant to the authority provided in this section

10 or under any other provision of law for the purposes of

11 the programs under subsection (a).

12 (c) COMMANDERS’ EMERGENCY RESPONSE PROGRAM

13 DEFINED.—In this section, the term ‘‘Commanders’

14 Emergency Response Program’’ means the program estab15 lished by the Administrator of the Coalition Provisional

16 Authority for the purpose of enabling United States mili17 tary commanders in Iraq to respond to urgent humani18 tarian relief and reconstruction requirements within their

19 areas of responsibility by carrying out programs that will

20 immediately assist the Iraqi people.

21 SEC. 1202. ENHANCEMENT AND EXPANSION OF AUTHORITY

22 TO PROVIDE HUMANITARIAN AND CIVIC AS23 SISTANCE.

24 (a) INCREASE IN AUTHORIZED EXPENSES ASSOCI25 ATED WITH DETECTION AND CLEARANCE OF LAND-
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1 MINES.—Subsection (c)(3) of section 401 of title 10,

2 United States Code, is amended by striking ‘‘$5,000,000’’

3 and inserting ‘‘$10,000,000’’.

4 (b) INCLUSION OF ASSISTANCE ON COMMUNICATIONS

5 AND INFORMATION INFRASTRUCTURE UNDER AUTHOR6 ITY.—Such section is further amended—

7 (1) in subsection (c)—

8 (A) by redesignating paragraph (4) as

9 paragraph (5); and

10 (B) by inserting after paragraph (3) the

11 following new paragraph (4):

12 ‘‘(4) Expenses covered by paragraph (1) also include

13 expenses incurred in providing communications or infor14 mation systems equipment or supplies that are transferred

15 or otherwise furnished to a foreign country in furtherance

16 of the provision of other assistance under this section.’’;

17 and

18 (2) in subsection (e), by adding at the end the

19 following new paragraph:

20 ‘‘(6) Restoring or improving the information

21 and communications infrastructure of a country, in22 cluding activities relating to the furnishing of edu23 cation, training, and technical assistance with re24 spect to information and communications tech25 nology.’’.
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1 (c) EXPANSION OF AUTHORITY TO PROVIDE MED2 ICAL, DENTAL, AND VETERINARY CARE.—Subsection

3 (e)(1) of such section is amended by inserting before the

4 period the following: ‘‘, including education, training, and

5 technical assistance related to the care provided’’.

6 (d) EFFECTIVE DATE.—The amendments made by

7 this section shall take effect on October 1, 2005.

8 SEC. 1203. MODIFICATION OF GEOGRAPHIC LIMITATION ON

9 PAYMENT OF PERSONNEL EXPENSES UNDER

10 BILATERAL OR REGIONAL COOPERATION

11 PROGRAMS.

12 Section 1051(b)(1) of title 10, United States Code,

13 is amended by striking ‘‘within the area’’ and all that fol14 lows through ‘‘developing country is located’’ and inserting

15 ‘‘to and within the area of responsibility of a unified com16 batant command (as such term is defined in section 161(c)

17 of this title)’’.

18 SEC. 1204. PAYMENT OF TRAVEL EXPENSES OF COALITION

19 LIAISON OFFICERS.

20 (a) AUTHORITY TO PAY CERTAIN TRAVEL EX21 PENSES OF MILITARY OFFICERS ON COALITION MIS22 SIONS.—Subsection (b) of section 1051a of title 10,

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

24 following new paragraph:
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1 ‘‘(3) The Secretary may pay the travel expenses of

2 a military officer of a developing country involved in coali3 tion operations while temporarily assigned to the head4 quarters of a combatant command, component command,

5 or subordinate operational command for the mission-re6 lated roundtrip travel of such officer, upon the direction

7 of the commander of such command, from such head8 quarters to one or more locations specified by the com9 mander of such command if such travel is determined to

10 be in support of United States national interests.’’.

11 (b) EXTENSION OF AUTHORITY TO PAY TRAVEL EX12 PENSES.—Subsection (e) of such section is amended by

13 striking ‘‘September 30, 2005’’ and inserting ‘‘September

14 30, 2009’’.

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

16 this section shall take effect on October, 1, 2005.

17 SEC. 1205. PROHIBITION ON ENGAGING IN CERTAIN TRANS18 ACTIONS.

19 (a) APPLICATION OF IEEPA PROHIBITIONS TO

20 THOSE ATTEMPTING TO EVADE OR AVOID THE PROHIBI21 TIONS.—Section 206 of the International Emergency Eco22 nomic Powers Act (50 U.S.C. 1705) is amended to read

23 as follows:

24 ‘‘PENALTIES

25 ‘‘SEC. 206. (a) It shall be unlawful for—
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1 ‘‘(1) a person to violate or attempt to violate

2 any license, order, regulation, or prohibition issued

3 under this title;

4 ‘‘(2) a person subject to the jurisdiction of the

5 United States to take any action to evade or avoid,

6 or attempt to evade or avoid, a license, order, regu7 lation, or prohibition issued this title; or

8 ‘‘(3) a person subject to the jurisdiction of the

9 United States to approve, facilitate, or provide fi10 nancing for any action, regardless of who initiates or

11 completes the action, if it would be unlawful for such

12 person to initiate or complete the action.

13 ‘‘(b) A civil penalty of not to exceed $250,000 may

14 be imposed on any person who commits an unlawful act

15 described in paragraph (1), (2), or (3) of subsection (a).

16 ‘‘(c) A person who willfully commits, or willfully at17 tempts to commit, an unlawful act described in paragraph

18 (1), (2), or (3) of subsection (a) shall, upon conviction,

19 be fined not more than $500,000, or a natural person,

20 may be imprisoned not more than 10 years, or both; and

21 any officer, director, or agent of any person who knowingly

22 participates, or attempts to participate, in such unlawful

23 act may be punished by a like fine, imprisonment, or

24 both.’’.
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1 (b) PRODUCTION OF RECORDS.—Section 203(a)(2)

2 of the International Emergency Economic Powers Act (50

3 U.S.C. 1702(a)(2)) is amended to read as follows:

4 ‘‘(2) In exercising the authorities granted by

5 paragraph (1), the President may require any person

6 to keep a full record of, and to furnish under oath,

7 in the form of reports, testimony, answers to ques8 tions, or otherwise, complete information relative to

9 any act or transaction referred to in paragraph (1),

10 either before, during, or after the completion there11 of, or relative to any interest in foreign property, or

12 relative to any property in which any foreign country

13 or any national thereof has or has had any interest,

14 or as may be otherwise necessary to enforce the pro15 visions of such paragraph. The President may re16 quire by subpoena or otherwise the production under

17 oath by any person of all such information, reports,

18 testimony, or answers to questions, as well as the

19 production of any required books of accounts,

20 records, contracts, letters, memoranda, or other pa21 pers, in the custody or control of any person. The

22 subpoena or other requirement, in the case of contu23 macy or refusal to obey, shall be enforceable by

24 order of any appropriate United States district

25 court.’’.
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1 (c) CLARIFICATION OF JURISDICTION TO ADDRESS

2 IEEPA VIOLATIONS.—Section 203 of the International

3 Emergency Economic Powers Act (50 U.S.C. 1702) is fur4 ther amended by adding at the end the following:

5 ‘‘(d) The district courts of the United States shall

6 have jurisdiction to issue such process described in sub7 section (a)(2) as may be necessary and proper in the

8 premises to enforce the provisions of this title.’’.

9 SEC. 1206. BUILDING THE PARTNERSHIP SECURITY CAPAC10 ITY OF FOREIGN MILITARY AND SECURITY

11 FORCES.

12 (a) AUTHORITY.—The President may authorize

13 building the capacity of partner nations’ military or secu14 rity forces to disrupt or destroy terrorist networks, close

15 safe havens, or participate in or support United States,

16 coalition, or international military or stability operations.

17 (b) TYPES OF PARTNERSHIP SECURITY CAPACITY

18 BUILDING.—The partnership security capacity building

19 authorized under subsection (a) may include the provision

20 of equipment, supplies, services, training, and funding.

21 (c) AVAILABILITY OF FUNDS.—The Secretary of De22 fense may, at the request of the Secretary of State, sup23 port partnership security capacity building as authorized

24 under subsection (a) by transferring funds available to the

25 Department of Defense to the Department of State. Any
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1 funds so transferred shall remain available until expended.

2 The amount of such partnership security capacity building

3 support provided by the Department of Defense under this

4 section may not exceed $750,000,000 in any fiscal year.

5 (d) CONGRESSIONAL NOTIFICATION.—Before build6 ing partnership security capacity under this section, the

7 Secretaries of State and Defense shall submit to their con8 gressional oversight committees a notification of the na9 tions designated by the President with which partnership

10 security capacity will be built under this section and the

11 nature and amounts of security capacity building to occur.

12 Any such notification shall be submitted not less than 15

13 days before the provision of such partnership security ca14 pacity building.

15 (e) COMPLEMENTARY AUTHORITY.—The authority to

16 support partnership security capacity building under this

17 section is in addition to any other authority of the Depart18 ment of Defense to provide assistance to a foreign country.

19 (f) APPLICABLE LAW.—The authorities and limita20 tions in the Foreign Assistance Act of 1961 and the For21 eign Operations, Export Financing, and Related Programs

22 Appropriations Act, 2006 shall be applicable to assistance

23 provided and funds transferred under the authority of this

24 section.
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1 (g) MILITARY AND SECURITY FORCES DEFINED.—

2 In this section, the term ‘‘military and security forces’’

3 includes armies, guard, border security, civil defense, in4 frastructure protection, and police forces.

5 (h) EXPIRATION.—The authority in this section shall

6 expire on September 30, 2007.

7 SEC. 1207. SECURITY AND STABILIZATION ASSISTANCE.

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, upon a request from the Secretary of State,

10 with the agreement of the Secretary of Defense and upon

11 a determination by the President that an unforeseen emer12 gency exists that requires immediate reconstruction, secu13 rity, or stabilization assistance to a foreign country for

14 the purpose of restoring or maintaining peace and security

15 in that country, and that the provision of such assistance

16 is in the national security interests of the United States,

17 the Secretary of Defense may authorize the use or transfer

18 of defense articles, services, training or other support, in19 cluding support acquired by contract or otherwise, to pro20 vide such assistance.

21 (b) AVAILABILITY OF FUNDS.—Subject to subsection

22 (a), the Secretary of Defense may transfer funds available

23 to the Department of Defense to the Department of State

24 or to any other Federal agency to carry out the purposes
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1 of this section, and funds so transferred shall remain

2 available until expended.

3 (c) LIMITATION.—The aggregate value of assistance

4 provided or funds transferred under the authority of this

5 section may not exceed $200,000,000.

6 (d) COMPLEMENTARY AUTHORITY.—The authority

7 to provide assistance under this section is in addition to

8 any other authority of the Department of Defense to pro9 vide assistance to a foreign country.

10 (e) NOTIFICATION REQUIREMENTS.—Before the ex11 ercise of the authority in this section, the President shall

12 notify Congress of the exercise of such authority in accord13 ance with the procedures set forth in section 652 of the

14 Foreign Assistance Act of 1961 (22 U.S.C. 2411).

15 (f) APPLICABLE LAW.—(1) The authorities and limi16 tations in the Foreign Assistance Act of 1961 and the

17 Foreign Operations, Export Financing, and Related Pro18 grams Appropriations Act, 2006 shall be applicable to as19 sistance provided and funds transferred under the author20 ity of this section.

21 (2) Any authority available to the President to waive

22 a provision of law referred to in paragraph (1) may be

23 exercised by the President in a written document executed

24 pursuant to subsection (a).
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1 (g) EXPIRATION.—The authority in this section shall

2 expire on September 30, 2007.

3 SEC. 1208. REPORT ON NONSTRATEGIC NUCLEAR WEAP4 ONS.

5 (a) REVIEW.—Not later than six months after date

6 of enactment the Secretary of Defense shall, in consulta7 tion with the Secretary of State, conduct a review of

8 United States and Russian nonstrategic nuclear weapons

9 and determine whether it is in the national security inter10 est of the United States—

11 (1) to reduce the number of United States and

12 Russian nonstrategic nuclear weapons;

13 (2) to improve the security of United States

14 and Russian nonstrategic nuclear weapons in storage

15 and during transport;

16 (3) to identify and develop mechanisms and

17 procedures to implement transparent reductions in

18 nonstrategic nuclear weapons; and

19 (4) to identify and develop mechanisms and

20 procedures to implement the transparent dismantle21 ment of excess nonstrategic nuclear weapons.

22 (b) REPORT.—

23 (1) IN GENERAL.—The Secretary of Defense

24 shall, in consultation with the Secretary of State and

25 the Secretary of Energy, submit a joint report on
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1 the results of the review required under subsection

2 (a). The report shall include a plan to implement,

3 not later than October 1, 2006, actions determined

4 to be in the United States national security interest.

5 (2) FORM.—The report required under para6 graph (1) shall be submitted in unclassified form,

7 but may include an unclassified annex.

8 SEC. 1209. SENSE OF CONGRESS ON SUPPORT FOR NU9 CLEAR NON-PROLIFERATION TREATY.

10 Congress—

11 (1) reaffirms its support for the objectives of

12 the Treaty on the Non-Proliferation of Nuclear

13 Weapons, done at Washington, London, and Moscow

14 July 1, 1968, and entered into force March 5, 1970

15 (the ‘‘Nuclear Non-Proliferation Treaty’’);

16 (2) expresses its support for all appropriate

17 measures to strengthen the Nuclear Non-Prolifera18 tion Treaty and to attain its objectives; and

19 (3) calls on all parties to the Nuclear Non-Pro20 liferation Treaty—

21 (A) to insist on strict compliance with the

22 non-proliferation obligations of the Nuclear

23 Non-Proliferation Treaty and to undertake ef24 fective enforcement measures against states
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1 that are in violation of their obligations under

2 the Treaty;

3 (B) to agree to establish more effective

4 controls on enrichment and reprocessing tech5 nologies that can be used to produce materials

6 for nuclear weapons;

7 (C) to expand the ability of the Inter8 national Atomic Energy Agency to inspect and

9 monitor compliance with safeguard agreements

10 and standards to which all states should adhere

11 through existing authority and the additional

12 protocols signed by the states party to the Nu13 clear Non-Proliferation Treaty;

14 (D) to demonstrate the international com15 munity’s unified opposition to a nuclear weap16 ons program in Iran by—

17 (i) supporting the efforts of the

18 United States and the European Union to

19 prevent the Government of Iran from ac20 quiring a nuclear weapons capability; and

21 (ii) using all appropriate diplomatic

22 means at their disposal to convince the

23 Government of Iran to abandon its ura24 nium enrichment program;
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1 (E) to strongly support the ongoing United

2 States diplomatic efforts in the context of the

3 six-party talks that seek the verifiable and irre4 versible disarmament of North Korea’s nuclear

5 weapons programs and to use all appropriate

6 diplomatic means to achieve this result;

7 (F) to pursue diplomacy designed to ad8 dress the underlying regional security problems

9 in Northeast Asia, South Asia, and the Middle

10 East, which would facilitate non-proliferation

11 and disarmament efforts in those regions;

12 (G) to accelerate programs to safeguard

13 and eliminate nuclear weapons-usable material

14 to the highest standards to prevent access by

15 terrorists and governments;

16 (H) to halt the use of highly enriched ura17 nium in civilian reactors;

18 (I) to strengthen national and inter19 national export controls and relevant security

20 measures as required by United Nations Secu21 rity Council Resolution 1540;

22 (J) to agree that no state may withdraw

23 from the Nuclear Non-Proliferation Treaty and

24 escape responsibility for prior violations of the

25 Treaty or retain access to controlled materials
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1 and equipment acquired for ‘‘peaceful’’ pur2 poses;

3 (K) to accelerate implementation of disar4 mament obligations and commitments under

5 the Nuclear Non-Proliferation Treaty for the

6 purpose of reducing the world’s stockpiles of

7 nuclear weapons and weapons-grade fissile ma8 terial; and

9 (L) to strengthen and expand support for

10 the Proliferation Security Initiative.

11 SEC. 1210. THE UNITED STATES-CHINA ECONOMIC AND SE12 CURITY REVIEW COMMISSION.

13 (a) FINDINGS.—Congress finds the following:

14 (1) The 2004 Report to Congress of the United

15 States-China Economic and Security Review Com16 mission states that—

17 (A) China’s State-Owned Enterprises

18 (SOEs) lack adequate disclosure standards,

19 which creates the potential for United States

20 investors to unwittingly contribute to enter21 prises that are involved in activities harmful to

22 United States security interests;

23 (B) United States influence and vital long24 term interests in Asia are being challenged by
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1 China’s robust regional economic engagement

2 and diplomacy;

3 (C) the assistance of China and North

4 Korea to global ballistic missile proliferation is

5 extensive and ongoing;

6 (D) China’s transfers of technology and

7 components for weapons of mass destruction

8 (WMD) and their delivery systems to countries

9 of concern, including countries that support

10 acts of international terrorism, has helped cre11 ate a new tier of countries with the capability

12 to produce WMD and ballistic missiles;

13 (E) the removal of the European Union

14 arms embargo against China that is currently

15 under consideration in the European Union

16 would accelerate weapons modernization and

17 dramatically enhance Chinese military capabili18 ties;

19 (F) China is developing a leading-edge

20 military with the objective of intimidating Tai21 wan and deterring United States involvement in

22 the Strait, and China’s qualitative and quan23 titative military advancements have already re24 sulted in a dramatic shift in the cross-Strait

25 military balance toward China; and
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1 (G) China’s growing energy needs are driv2 ing China into bilateral arrangements that un3 dermine multilateral efforts to stabilize oil sup4 plies and prices, and in some cases may involve

5 dangerous weapons transfers.

6 (2) On March 14, 2005, the National People’s

7 Congress approved a law that would authorize the

8 use of force if Taiwan formally declares independ9 ence.

10 (b) SENSE OF CONGRESS.—

11 (1) PLAN.—It is the sense of Congress that the

12 President should take immediate steps to establish a

13 coherent and comprehensive plan to address the

14 emergence of China economically, diplomatically, and

15 militarily, to promote mutually beneficial trade rela16 tions with China, and to encourage China’s adher17 ence to international norms in the areas of trade,

18 international security, and human rights.

19 (2) CONTENTS.—The plan should contain the

20 following:

21 (A) Actions to address China’s policy of

22 undervaluing its currency, including—

23 (i) encouraging China to continue to

24 upwardly revalue the Chinese yuan against

25 the United States dollar;
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1 (ii) allowing the yuan to float against

2 a trade-weighted basket of currencies; and

3 (iii) concurrently encouraging United

4 States trading partners with similar inter5 ests to join in these efforts.

6 (B) Actions to make better use of the

7 World Trade Organization (WTO) dispute set8 tlement mechanism and applicable United

9 States trade laws to redress China’s trade prac10 tices, including exchange rate manipulation, de11 nial of trading and distribution rights, insuffi12 cient intellectual property rights protection, ob13 jectionable labor standards, subsidization of ex14 ports, and forced technology transfers as a con15 dition of doing business. The United States

16 Trade Representative should consult with our

17 trading partners regarding any trade dispute

18 with China.

19 (C) Actions to encourage United States

20 diplomatic efforts to identify and pursue initia21 tives to revitalize United States engagement in

22 East Asia. The initiatives should have a re23 gional focus and complement bilateral efforts.

24 The Asia-Pacific Economic Cooperation forum
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1 (APEC) offers a ready mechanism for pursuit

2 of such initiatives.

3 (D) Actions by the administration to work

4 with China to prevent proliferation of prohib5 ited technologies and to secure China’s agree6 ment to renew efforts to curtail North Korea’s

7 commercial export of ballistic missiles.

8 (E) Actions by the Secretaries of State and

9 Energy to consult with the International En10 ergy Agency with the objective of upgrading the

11 current loose experience-sharing arrangement

12 whereby China engages in some limited ex13 changes with the organization, to a more struc14 tured arrangement.

15 (F) Actions by the administration to de16 velop a coordinated, comprehensive national pol17 icy and strategy designed to maintain United

18 States scientific and technological leadership

19 and competitiveness, in light of the rise of

20 China and the challenges of globalization.

21 (G) Actions to review laws and regulations

22 governing the Committee on Foreign Invest23 ment in the United States (CFIUS), including

24 exploring whether the definition of national se25 curity should include the potential impact on
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1 national economic security as a criterion to be

2 reviewed, and whether the chairmanship of

3 CFIUS should be transferred from the Sec4 retary of the Treasury to a more appropriate

5 executive branch agency.

6 (H) Actions by the President and the Sec7 retaries of State and Defense to press strongly

8 their European Union counterparts to maintain

9 the EU arms embargo on China.

10 (I) Actions by the administration to dis11 courage foreign defense contractors from selling

12 sensitive military use technology or weapons

13 systems to China. The administration should

14 provide a comprehensive annual report to the

15 appropriate committees of Congress on the na16 ture and scope of foreign military sales to

17 China, particularly sales by Russia and Israel.

18 SEC. 1211. UNITED STATES POLICY ON IRAQ.

19 (a) SHORT TITLE.—This section may be cited as the

20 ‘‘United States Policy on Iraq Act’’.

21 (b) SENSE OF SENATE.—It is the sense of the Senate

22 that, in order to succeed in Iraq—

23 (1) members of the United States Armed

24 Forces who are serving or have served in Iraq and

25 their families deserve the utmost respect and the
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1 heartfelt gratitude of the American people for their

2 unwavering devotion to duty, service to the Nation,

3 and selfless sacrifice under the most difficult cir4 cumstances;

5 (2) it is important to recognize that the Iraqi

6 people have made enormous sacrifices and that the

7 overwhelming majority of Iraqis want to live in

8 peace and security;

9 (3) calendar year 2006 should be a period of

10 significant transition to full Iraqi sovereignty, with

11 Iraqi security forces taking the lead for the security

12 of a free and sovereign Iraq, thereby creating the

13 conditions for the phased redeployment of United

14 States forces from Iraq;

15 (4) United States military forces should not

16 stay in Iraq any longer than required and the people

17 of Iraq should be so advised;

18 (5) the Administration should tell the leaders of

19 all groups and political parties in Iraq that they

20 need to make the compromises necessary to achieve

21 the broad-based and sustainable political settlement

22 that is essential for defeating the insurgency in Iraq,

23 within the schedule they set for themselves; and
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1 (6) the Administration needs to explain to Con2 gress and the American people its strategy for the

3 successful completion of the mission in Iraq.

4 (c) REPORTS TO CONGRESS ON UNITED STATES

5 POLICY AND MILITARY OPERATIONS IN IRAQ.—Not later

6 than 90 days after the date of the enactment of this Act,

7 and every three months thereafter until all United States

8 combat brigades have redeployed from Iraq, the President

9 shall submit to Congress an unclassified report on United

10 States policy and military operations in Iraq. Each report

11 shall include to the extent practical, the following unclassi12 fied information:

13 (1) The current military mission and the diplo14 matic, political, economic, and military measures, if

15 any, that are being or have been undertaken to suc16 cessfully complete or support that mission, including:

17 (A) Efforts to convince Iraq’s main com18 munities to make the compromises necessary

19 for a broad-based and sustainable political set20 tlement.

21 (B) Engaging the international community

22 and the region in the effort to stabilize Iraq

23 and to forge a broad-based and sustainable po24 litical settlement.
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1 (C) Strengthening the capacity of Iraq’s

2 government ministries.

3 (D) Accelerating the delivery of basic serv4 ices.

5 (E) Securing the delivery of pledged eco6 nomic assistance from the international commu7 nity and additional pledges of assistance.

8 (F) Training Iraqi security forces and

9 transferring security responsibilities to those

10 forces and the government of Iraq.

11 (2) Whether the Iraqis have made the com12 promises necessary to achieve the broad-based and

13 sustainable political settlement that is essential for

14 defeating the insurgency in Iraq.

15 (3) Any specific conditions included in the April

16 2005 Multi-National Forces-Iraq campaign action

17 plan (referred to in United States Government Ac18 countability Office October 2005 report on Rebuild19 ing Iraq: DOD Reports Should Link Economic, Gov20 ernance, and Security Indicators to Conditions for

21 Stabilizing Iraq), and any subsequent updates to

22 that campaign plan, that must be met in order to

23 provide for the transition of security responsibility to

24 Iraqi security forces.
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1 (4) To the extent that these conditions are not

2 covered under paragraph (3), the following should

3 also be addressed:

4 (A) The number of battalions of the Iraqi

5 Armed Forces that must be able to operate

6 independently or to take the lead in

7 counterinsurgency operations and the defense of

8 Iraq’s territory.

9 (B) The number of Iraqi special police

10 units that must be able to operate independ11 ently or to take the lead in maintaining law and

12 order and fighting the insurgency.

13 (C) The number of regular police that

14 must be trained and equipped to maintain law

15 and order.

16 (D) The ability of Iraq’s Federal ministries

17 and provincial and local governments to inde18 pendently sustain, direct, and coordinate Iraq’s

19 security forces.

20 (5) The criteria to be used to evaluate progress

21 toward meeting such conditions.

22 (6) A schedule for meeting such conditions, an

23 assessment of the extent to which such conditions

24 have been met, information regarding variables that
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1 could alter that schedule, and the reasons for any

2 subsequent changes to that schedule.

3 TITLE XIII—COOPERATIVE

4 THREAT REDUCTION WITH

5 STATES OF THE FORMER SO6 VIET UNION

7 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE8 DUCTION PROGRAMS AND FUNDS.

9 (a) SPECIFICATION OF CTR PROGRAMS.—For pur10 poses of section 301 and other provisions of this Act, Co11 operative Threat Reduction programs are the programs

12 specified in section 1501(b) of the National Defense Au13 thorization Act for Fiscal Year 1997 (Public Law 104–

14 201; 110 Stat. 2731; 50 U.S.C. 2362 note).

15 (b) FISCAL YEAR 2006 COOPERATIVE THREAT RE16 DUCTION FUNDS DEFINED.—As used in this title, the

17 term ‘‘fiscal year 2006 Cooperative Threat Reduction

18 funds’’ means the funds appropriated pursuant to the au19 thorization of appropriations in section 301 for Coopera20 tive Threat Reduction programs.

21 (c) AVAILABILITY OF FUNDS.—Funds appropriated

22 pursuant to the authorization of appropriations in section

23 301 for Cooperative Threat Reduction programs shall be

24 available for obligation for three fiscal years.
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1 SEC. 1302. FUNDING ALLOCATIONS.

2 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the

3 $415,549,000 authorized to be appropriated to the De4 partment of Defense for fiscal year 2006 in section

5 301(19) for Cooperative Threat Reduction programs, the

6 following amounts may be obligated for the purposes spec7 ified:

8 (1) For strategic offensive arms elimination in

9 Russia, $78,900,000.

10 (2) For nuclear weapons storage security in

11 Russia, $74,100,000.

12 (3) For nuclear weapons transportation security

13 in Russia, $30,000,000.

14 (4) For weapons of mass destruction prolifera15 tion prevention in the states of the former Soviet

16 Union, $40,600,000.

17 (5) For biological weapons proliferation preven18 tion in the former Soviet Union, $60,849,000.

19 (6) For chemical weapons destruction in Rus20 sia, $108,500,000.

21 (7) For defense and military contacts,

22 $8,000,000.

23 (8) For activities designated as Other Assess24 ments/Administrative Support, $14,600,000.

25 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

26 FUNDS FOR OTHER PURPOSES.—No fiscal year 2006 Co-
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1 operative Threat Reduction funds may be obligated or ex2 pended for a purpose other than a purpose listed in para3 graphs (1) through (8) of subsection (a) until 30 days

4 after the date that the Secretary of Defense submits to

5 Congress a report on the purpose for which the funds will

6 be obligated or expended and the amount of funds to be

7 obligated or expended. Nothing in the preceding sentence

8 shall be construed as authorizing the obligation or expend9 iture of fiscal year 2006 Cooperative Threat Reduction

10 funds for a purpose for which the obligation or expendi11 ture of such funds is specifically prohibited under this title

12 or any other provision of law.

13 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

14 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any

15 case in which the Secretary of Defense determines that

16 it is necessary to do so in the national interest, the Sec17 retary may obligate amounts appropriated for fiscal year

18 2006 for a purpose listed in any of the paragraphs in sub19 section (a) in excess of the specific amount authorized for

20 that purpose.

21 (2) An obligation of funds for a purpose stated in

22 any of the paragraphs in subsection (a) in excess of the

23 specific amount authorized for such purpose may be made

24 using the authority provided in paragraph (1) only after—
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1 (A) the Secretary submits to Congress notifica2 tion of the intent to do so together with a complete

3 discussion of the justification for doing so; and

4 (B) 15 days have elapsed following the date of

5 the notification.

6 (3) The Secretary may not, under the authority pro7 vided in paragraph (1), obligate amounts for a purpose

8 stated in any of paragraphs (6) through (8) of subsection

9 (a) in excess of 125 percent of the specific amount author10 ized for such purpose.

11 SEC. 1303. PERMANENT WAIVER OF RESTRICTIONS ON USE

12 OF FUNDS FOR THREAT REDUCTION IN

13 STATES OF THE FORMER SOVIET UNION.

14 Section 1306 of the Bob Stump National Defense

15 Authorization Act for Fiscal Year 2003 (Public Law 107–

16 314; 22 U.S.C. 5952 note) is amended—

17 (1) by striking subsections (c) and (d); and

18 (2) by redesignating subsection (e) as sub19 section (c).

20 SEC. 1304. MODIFICATION OF AUTHORITY TO USE COOPER21 ATIVE THREAT REDUCTION FUNDS OUTSIDE

22 THE FORMER SOVIET UNION.

23 (a) IN GENERAL.—Subsection (a) of section 1308 of

24 the National Defense Authorization Act for Fiscal Year
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1 2004 (Public Law 108–136; 117 Stat. 1662; 22 U.S.C.

2 5963) is amended—

3 (1) by striking ‘‘the President may’’ and insert4 ing ‘‘the Secretary of Defense may’’; and

5 (2) by striking ‘‘if the President’’ and inserting

6 ‘‘if the Secretary of Defense, with the concurrence of

7 the Secretary of State,’’.

8 (b) AVAILABILITY OF FUNDS.—Subsection (d) of

9 such section is amended—

10 (1) in paragraph (1)—

11 (A) by striking ‘‘The President’’ and in12 serting ‘‘The Secretary of Defense’’; and

13 (B) by striking ‘‘the President’’ and insert14 ing ‘‘the Secretary of Defense, with the concur15 rence of the Secretary of State,’’; and

16 (2) in paragraph (2)—

17 (A) by striking ‘‘10 days after’’ and insert18 ing ‘‘15 days before’’; and

19 (B) by striking ‘‘the President shall notify

20 Congress’’ and inserting ‘‘the Secretary of De21 fense shall notify the congressional defense

22 committees’’.
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1 SEC. 1305. REPEAL OF REQUIREMENT FOR ANNUAL COMP2 TROLLER GENERAL ASSESSMENT OF ANNUAL

3 DEPARTMENT OF DEFENSE REPORT ON AC4 TIVITIES AND ASSISTANCE UNDER COOPERA5 TIVE THREAT REDUCTION PROGRAMS.

6 Section 1308 of the Floyd D. Spence National De7 fense Authorization Act for Fiscal Year 2001 (as enacted

8 into law by Public Law 106–398; 114 Stat. 1654A–341)

9 is amended by striking subsection (e).

10 SEC. 1306. REMOVAL OF CERTAIN RESTRICTIONS ON PRO11 VISION OF COOPERATIVE THREAT REDUC12 TION ASSISTANCE.

13 (a) REPEAL OF RESTRICTIONS.—

14 (1) SOVIET NUCLEAR THREAT REDUCTION ACT

15 OF 1991.—Section 211(b) of the Soviet Nuclear

16 Threat Reduction Act of 1991 (title II of Public

17 Law 102–228; 22 U.S.C. 2551 note) is repealed.

18 (2) COOPERATIVE THREAT REDUCTION ACT OF

19 1993.—Section 1203(d) of the Cooperative Threat

20 Reduction Act of 1993 (title XII of Public Law

21 103–160; 22 U.S.C. 5952(d)) is repealed.

22 (3) RUSSIAN CHEMICAL WEAPONS DESTRUC23 TION FACILITIES.—Section 1305 of the National De24 fense Authorization Act for Fiscal Year 2000 (Pub25 lic Law 106–65; 22 U.S.C. 5952 note) is repealed.

26 (b) INAPPLICABILITY OF OTHER RESTRICTIONS.—
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1 Section 502 of the Freedom for Russia and Emerging

2 Eurasian Democracies and Open Markets Support Act of

3 1992 (Public Law 102–511; 106 Stat. 3338; 22 U.S.C.

4 5852) shall not apply to any Cooperative Threat Reduc5 tion program.

6 TITLE XIV—AUTHORIZATION

7 FOR SUPPLEMENTAL APPRO8 PRIATIONS FOR IRAQ, AF9 GHANISTAN, AND THE GLOB10 AL WAR ON TERRORISM

11 SEC. 1401. PURPOSE.

12 The purpose of this title is to authorize supplemental

13 appropriations for the Department of Defense for fiscal

14 year 2006 for operations in Iraq, Afghanistan, and the

15 global war on terrorism that are in addition to the

16 amounts otherwise authorized to be appropriated for the

17 Department of Defense by this Act.

18 SEC. 1402. DESIGNATION AS EMERGENCY AMOUNTS.

19 Amounts appropriated pursuant to the authorizations

20 of appropriations in this title are designated as an emer21 gency requirement pursuant to section 402(b) of the con22 ference report to accompany H. Con. Res. 95 (109th

23 Congress).
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1 SEC. 1403. ARMY PROCUREMENT.

2 (a) IN GENERAL.—Funds are hereby authorized to

3 be appropriated for fiscal year 2006 for procurement ac4 counts of the Army in amounts as follows:

5 (1) For aircraft, $70,300,000.

6 (2) For weapons and tracked combat vehicles,

7 $27,800,000.

8 (3) For other procurement $376,700,000.

9 (b) AVAILABILITY OF CERTAIN AMOUNTS.—

10 (1) AVAILABILITY.—Of the amount authorized

11 to be appropriated by subsection (a)(3),

12 $225,000,000 shall be available for purposes as fol13 lows:

14 (A) Procurement of up-armored high mo15 bility multipurpose wheeled vehicles (UAHs).

16 (B) Procurement of wheeled vehicle add-on

17 armor protection, including armor for M1151/

18 M1152 high mobility multipurpose wheeled ve19 hicles.

20 (C) Procurement of M1151/M1152 high

21 mobility multipurpose wheeled vehicles.

22 (2) ALLOCATION OF FUNDS.—

23 (A) IN GENERAL.—Subject to subpara24 graph (B), the Secretary of the Army shall allo25 cate the manner in which amounts available
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1 under paragraph (1) shall be available for the

2 purposes specified in that paragraph.

3 (B) LIMITATION.—Amounts available

4 under paragraph (1) may not be allocated

5 under subparagraph (A) until the Secretary cer6 tifies to the congressional defense committees

7 that the Army has a validated requirement for

8 procurement for a purpose specified in para9 graph (1) based on a statement of urgent needs

10 from a commander of a combatant command.

11 (C) REPORTS.—Not later than 15 days

12 after an allocation of funds is made under sub13 paragraph (A), the Secretary shall submit to

14 the congressional defense committees a report

15 describing such allocation of funds.

16 SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT.

17 (a) NAVY.—Funds are hereby authorized to be appro18 priated for fiscal year 2006 for the procurement accounts

19 of the Navy in amounts as follows:

20 (1) For aircraft, $183,800,000.

21 (2) For weapons, including missiles and tor22 pedoes, $165,500,000.

23 (3) For other procurement, $30,800,000.

24 (b) MARINE CORPS.—Funds are hereby authorized to

25 be appropriated for fiscal year 2006 for the procurement
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1 account for the Marine Corps in the amount of

2 $429,600,000.

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

4 are hereby authorized to be appropriated for fiscal year

5 2006 for the procurement account for ammunition for the

6 Navy and the Marine Corps in the amount of

7 $104,500,000.

8 (d) AVAILABILITY OF CERTAIN AMOUNTS.—

9 (1) AVAILABILITY.—Of the amount authorized

10 to be appropriated by subsection (b), $340,400,000

11 shall be available for purposes as follows:

12 (A) Procurement of up-armored high mo13 bility multipurpose wheeled vehicles (UAHs).

14 (B) Procurement of wheeled vehicle add-on

15 armor protection, including armor for M1151/

16 M1152 high mobility multipurpose wheeled ve17 hicles.

18 (C) Procurement of M1151/M1152 high

19 mobility multipurpose wheeled vehicles.

20 (2) ALLOCATION OF FUNDS.—

21 (A) IN GENERAL.—Subject to subpara22 graph (B), the Secretary of the Navy shall allo23 cate the manner in which amounts available

24 under paragraph (1) shall be available for the

25 purposes specified in that paragraph.
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1 (B) LIMITATION.—Amounts available

2 under paragraph (1) may not be allocated

3 under subparagraph (A) until the Secretary cer4 tifies to the congressional defense committees

5 that the Marine Corps has a validated require6 ment for procurement for a purpose specified in

7 paragraph (1) based on a statement of urgent

8 needs from a commander of a combatant com9 mand.

10 (C) REPORTS.—Not later than 15 days

11 after an allocation of funds is made under sub12 paragraph (A), the Secretary shall submit to

13 the congressional defense committees a report

14 describing such allocation of funds.

15 SEC. 1405. TACTICAL WHEELED VEHICLES.

16 (a) ADDITIONAL AMOUNT FOR OTHER PROCURE17 MENT, ARMY.—The amount authorized to be appropriated

18 by section 1403(a)(3) for other procurement for the Army

19 is hereby increased by $360,800,000.

20 (b) AVAILABILITY OF AMOUNT.—Of the amount au21 thorized to be appropriated by section 1403(a)(3) for

22 other procurement for the Army, as increased by sub23 section (a), $360,800,000 may be made available—

24 (1) for the procurement of armored Tactical

25 Wheeled Vehicles for units deployed in Iraq and Af-
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1 ghanistan, including the procurement of armored

2 Light Tactical Vehicles (LTVs), armored Medium

3 Tactical Vehicles (MTVs), including Low Signature

4 Armored Cabs for the family of MTVs, and armored

5 Heavy Tactical Vehicles (HTVs); and

6 (2) to the extent the Secretary of the Army de7 termines that such amount is not needed for the

8 procurement of such armored Tactical Wheeled Ve9 hicles for units deployed in Iraq and Afghanistan,

10 for the procurement of such armored vehicles in ac11 cordance with other priorities of the Army.

12 (c) OFFSET.—The amount authorized to be appro13 priated by section 1409(a) for the Iraq Freedom Fund is

14 hereby reduced by $360,800,000.

15 SEC. 1406. REDUCTION IN AUTHORIZATION OF APPROPRIA16 TIONS FOR IRAQ FREEDOM FUND.

17 The amount authorized to be appropriated for fiscal

18 year 2006 for the Iraq Freedom Fund is the amount speci19 fied by section 1409(a) of this Act, reduced by

20 $445,400,000.

21 SEC. 1407. AIR FORCE PROCUREMENT.

22 (a) IN GENERAL.—Funds are hereby authorized to

23 be appropriated for fiscal year 2006 for the procurement

24 accounts for the Air Force in the amounts as follows:

25 (1) For aircraft, $323,200,000.
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1 (2) For other procurement, $51,900,000.

2 (b) AVAILABILITY OF CERTAIN AMOUNTS.—Of the

3 amounts authorized to be appropriated by subsection

4 (a)(1), $218,500,000 may be available for purposes as fol5 lows:

6 (1) Procurement of Predator MQ–1 air vehicles,

7 initial spares, and RSP kits.

8 (2) Procurement of Containerized Dual Control

9 Station Launch and Recovery Elements.

10 (3) Procurement of a Fixed Ground Control

11 Station.

12 (4) Procurement of other upgrades to Predator

13 MQ–1 Ground Control Stations, spares, and signals

14 intelligence packages.

15 SEC. 1408. REDUCTION IN AUTHORIZATION OF APPROPRIA16 TIONS FOR IRAQ FREEDOM FUND.

17 The amount authorized to be appropriated for fiscal

18 year 2006 for the Iraq Freedom Fund is the amount speci19 fied by section 1409(a) of this Act, reduced by

20 $218,500,000.

21 SEC. 1409. OPERATION AND MAINTENANCE.

22 Funds are hereby authorized to be appropriated for

23 fiscal year 2006 for the use of the Armed Forces for ex24 penses, not otherwise provided for, for operation and

25 maintenance, in amounts as follows:
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1 (1) For the Army, $22,139,775,000, of which

2 $200,000,000 may be made available for linguistic

3 support operations in Iraq and Afghanistan.

4 (2) For the Navy, $1,944,300,000.

5 (3) For the Marine Corps, $1,808,231,000.

6 (4) For the Air Force, $2,635,555,000.

7 (5) For Defense-wide activities,

8 $3,470,118,000.

9 (6) For the Naval Reserve, $2,400,000.

10 SEC. 1410. DEFENSE HEALTH PROGRAM.

11 Funds are hereby authorized to be appropriated for

12 the Department of Defense for fiscal year 2006 for ex13 penses, not otherwise provided for, the Defense Health

14 Program, in the amount of $977,778,000, for operation

15 and maintenance.

16 SEC. 1411. MILITARY PERSONNEL.

17 Funds are hereby authorized to be appropriated to

18 the Department of Defense for military personnel ac19 counts for fiscal year 2006 in amounts as follows:

20 (1) For military personnel of the Army,

21 $9,517,643,000.

22 (2) For military personnel of the Navy,

23 $350,000,000.

24 (3) For military personnel of the Marine Corps,

25 $811,771,000.
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1 (4) For military personnel of the Air Force,

2 $916,559,000.

3 SEC. 1412. IRAQ FREEDOM FUND.

4 (a) IN GENERAL.—Funds are hereby authorized to

5 be appropriated for fiscal year 2006 for the Iraq Freedom

6 Fund in the amount of $4,325,670,000.

7 (b) LIMITATION ON AVAILABILITY OF CERTAIN

8 AMOUNT.—Of the amount authorized to be appropriated

9 by subsection (a), not less than $500,000,000 shall be

10 available only for support of activities of the Joint Impro11 vised Explosive Device Task Force.

12 (c) TRANSFER.—

13 (1) TRANSFER AUTHORIZED.—Subject to para14 graph (2), amounts authorized to be appropriated by

15 subsection (a) may be transferred from the Iraq

16 Freedom Fund to any accounts as follows:

17 (A) Operation and maintenance accounts

18 of the Armed Forces.

19 (B) Military personnel accounts.

20 (C) Research, development, test, and eval21 uation accounts of the Department of Defense.

22 (D) Procurement accounts of the Depart23 ment of Defense.

24 (E) Accounts providing funding for classi25 fied programs.
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1 (F) The operating expenses account of the

2 Coast Guard.

3 (2) NOTICE TO CONGRESS.—A transfer may not

4 be made under the authority in paragraph (1) until

5 5 days after the date on which the Secretary of De6 fense notifies the congressional defense committees

7 in writing of the transfer.

8 (3) TREATMENT OF TRANSFERRED FUNDS.—

9 Amounts transferred to an account under the au10 thority in paragraph (1) shall be merged with

11 amounts in such account, and shall be made avail12 able for the same purposes, and subject to the same

13 conditions and limitations, as amounts in such ac14 count.

15 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A

16 transfer of an amount to an account under the au17 thority in paragraph (1) shall be deemed to increase

18 the amount authorized for such account by an

19 amount equal to the amount transferred.

20 SEC. 1413. TRANSFER AUTHORITY.

21 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

22 (1) TRANSFER AUTHORIZED.—Upon determina23 tion by the Secretary of Defense that such action is

24 necessary in the national interest, the Secretary may

25 transfer amounts of authorizations made available to
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1 the Department of Defense in this title for fiscal

2 year 2006 between any such authorizations for that

3 fiscal year (or any subdivisions thereof). Amounts of

4 authorizations so transferred shall be merged with

5 and be available for the same purposes as the au6 thorization to which transferred.

7 (2) LIMITATION ON AGGREGATE AMOUNT.—The

8 total amount of authorizations that the Secretary

9 may transfer under the authority of this section may

10 not exceed $2,500,000,000.

11 (3) CONSTRUCTION WITH OTHER TRANSFER

12 AUTHORITY.—The transfer authority provided in

13 this section is in addition to any other transfer au14 thority available to the Secretary of Defense.

15 (b) OTHER LIMITATIONS.—The authority provided

16 by this section to transfer authorizations—

17 (1) may only be used to provide authority for

18 items that have a higher priority than the items

19 from which authority is transferred;

20 (2) may not be used to provide authority for an

21 item that has been denied authorization by Con22 gress; and

23 (3) may not be combined with the authority

24 under section 1001.
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1 (c) NOTICE AND WAIT.—A transfer may be made

2 under the authority of this section only after the

3 Secretary—

4 (1) consults with the Chairmen and Ranking

5 Members of each of the congressional defense com6 mittees with respect to such transfer; and

7 (2) on a date after consultation under para8 graph (1), but not later than five days before the

9 date of such transfer, submits to the congressional

10 defense committees written notice of such transfer.

11 (d) 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 TITLE XV—RECRUITMENT AND

18 RETENTION

19 SEC. 1501. SHORT TITLE.

20 This title may be cited as the ‘‘Military Recruiting

21 Initiatives Act of 2005’’.

22 SEC. 1502. INCREASE IN MAXIMUM ENLISTMENT BONUS.

23 (a) ENLISTMENT BONUS FOR SELECTED RESERVE

24 MEMBERS.—Section 308c(b) of title 37, United States
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1 Code, is amended by striking ‘‘$10,000’’ and inserting

2 ‘‘$20,000’’.

3 (b) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—

4 Section 309(a) of title 37, United States Code, is amended

5 by striking ‘‘$20,000’’ and inserting ‘‘$40,000’’.

6 SEC. 1503. TEMPORARY AUTHORITY TO PAY BONUS TO EN7 COURAGE MEMBERS OF THE ARMY TO REFER

8 OTHER PERSONS FOR ENLISTMENT IN THE

9 ARMY.

10 (a) AUTHORITY TO PAY BONUS.—The Secretary of

11 the Army may pay a bonus under this section to a member

12 of the Army, whether in the regular component of the

13 Army or in the Army National Guard or Army Reserve,

14 who refers to an Army recruiter a person who has not

15 previously served in an Armed Force and who, after such

16 referral, enlists in the regular component of the Army or

17 in the Army National Guard or Army Reserve.

18 (b) REFERRAL.—For purposes of this section, a re19 ferral for which a bonus may be paid under subsection

20 (a) occurs—

21 (1) when a member of the Army contacts an

22 Army recruiter on behalf of a person interested in

23 enlisting in the Army; or

24 (2) when a person interested in enlisting in the

25 Army contacts the Army recruiter and informs the
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1 recruiter of the role of the member in initially re2 cruiting the person.

3 (c) CERTAIN REFERRALS INELIGIBLE.—

4 (1) REFERRAL OF IMMEDIATE FAMILY.—A

5 member of the Army may not be paid a bonus under

6 subsection (a) for the referral of an immediate fam7 ily member.

8 (2) MEMBERS IN RECRUITING ROLES.—A mem9 ber of the Army serving in a recruiting or retention

10 assignment, or assigned to other duties regarding

11 which eligibility for a bonus under subsection (a)

12 could (as determined by the Secretary) be perceived

13 as creating a conflict of interest, may not be paid a

14 bonus under subsection (a).

15 (d) AMOUNT OF BONUS.—The amount of the bonus

16 paid for a referral under subsection (a) may not exceed

17 $1,000. The bonus shall be paid in a lump sum.

18 (e) TIME OF PAYMENT.—A bonus may not be paid

19 under subsection (a) with respect to a person who enlists

20 in the Army until the person completes basic training and

21 individual advanced training.

22 (f) RELATION TO PROHIBITION ON BOUNTIES.—The

23 referral bonus authorized by this section is not a bounty

24 for purposes of section 514(a) of title 10, United States

25 Code.
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1 (g) LIMITATION ON INITIAL USE OF AUTHORITY.—

2 During the first year in which bonuses are offered under

3 this section, the Secretary of the Army may not pay more

4 than 1,000 referral bonuses per component of the Army.

5 (h) DURATION OF AUTHORITY.—A bonus may not be

6 paid under subsection (a) with respect to any referral that

7 occurs after December 31, 2007.

8 SEC. 1504. INCREASE IN MAXIMUM AGE FOR ENLISTMENT.

9 Section 505(a) of title 10, United States Code, is

10 amended by striking ‘‘thirty-five years of age’’ and insert11 ing ‘‘forty-two years of age’’.

12 SEC. 1505. REPEAL OF PROHIBITION ON PRIOR SERVICE

13 ENLISTMENT BONUS FOR RECEIPT OF OTHER

14 ENLISTMENT OR REENLISTMENT BONUS FOR

15 SERVICE IN THE SELECTED RESERVE.

16 Section 308i(a)(2) of title 37, United States Code,

17 is amended by striking subparagraph (D).

18 SEC. 1506. INCREASE AND ENHANCEMENT OF AFFILIATION

19 BONUS FOR OFFICERS OF THE SELECTED RE20 SERVE.

21 (a) REPEAL OF PROHIBITION ON ELIGIBILITY FOR

22 PRIOR RESERVE SERVICE.—Subsection (a)(2) of section

23 308j of title 37, United States Code, is amended—

24 (1) in subparagraph (A), by adding ‘‘and’’ at

25 the end;
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1 (2) by striking subparagraph (B); and

2 (3) by redesignating subparagraph (C) as sub3 paragraph (B).

4 (b) INCREASE IN MAXIMUM AMOUNT.—Subsection

5 (d) of such section is amended by striking ‘‘$6,000’’ and

6 inserting ‘‘$10,000’’.

7 SEC. 1507. ENHANCEMENT OF EDUCATIONAL LOAN REPAY8 MENT AUTHORITIES.

9 (a) ADDITIONAL LOANS ELIGIBLE FOR REPAY10 MENT.—Paragraph (1) of section 2171(a) of title 10,

11 United States Code, is amended—

12 (1) in subparagraph (B), by striking ‘‘or’’ at

13 the end;

14 (2) in subparagraph (C), by striking the period

15 at the end and inserting ‘‘; or’’; and

16 (3) by inserting after subparagraph (C) the fol17 lowing new subparagraph:

18 ‘‘(D) any loan incurred for educational purposes

19 made by a lender that is—

20 ‘‘(i) an agency or instrumentality of a

21 State;

22 ‘‘(ii) a financial or credit institution (in23 cluding an insurance company) that is subject

24 to examination and supervision by an agency of

25 the United States or any State;
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1 ‘‘(iii) a pension fund approved by the Sec2 retary for purposes of this section; or

3 ‘‘(iv) a non-profit private entity designated

4 by a State, regulated by such State, and ap5 proved by the Secretary for purposes of this

6 section.’’.

7 (b) ELIGIBILITY OF OFFICERS.—Paragraph (2) of

8 such section is amended by striking ‘‘an enlisted member

9 in a military specialty’’ and inserting ‘‘a member in an

10 officer program or military specialty’’.

11 SEC. 1508. REPORT ON RESERVE DENTAL INSURANCE PRO12 GRAM.

13 (a) STUDY.—The Secretary of Defense shall conduct

14 a study of the Reserve Dental Insurance program.

15 (b) ELEMENTS.—The study required by subsection

16 (a) shall—

17 (1) identify the most effective mechanism or

18 mechanisms for the payment of premiums under the

19 Reserve Dental Insurance program for members of

20 the reserve components of the Armed Forces and

21 their dependents, including by deduction from re22 serve pay, by direct collection, or by other means

23 (including appropriate mechanisms from other mili24 tary benefits programs), to ensure uninterrupted

25 availability of premium payments regardless of
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1 whether members are performing active duty with

2 pay or inactive-duty training with pay;

3 (2) include such matters relating to the Reserve

4 Dental Insurance program as the Secretary con5 siders appropriate; and

6 (3) assess the effectiveness of mechanisms for

7 informing the members of the reserve components of

8 the Armed Forces of the availability of, and benefits

9 under, the Reserve Dental Insurance program.

10 (c) REPORT.—Not later than February 1, 2007, the

11 Secretary shall submit to the congressional defense com12 mittees a report on the study required by subsection (a).

13 The report shall include the findings of the study and such

14 recommendations for legislative or administrative action

15 regarding the Reserve Dental Insurance program as the

16 Secretary considers appropriate in light of the study.

17 (d) RESERVE DENTAL INSURANCE PROGRAM DE18 FINED.—In this section, the term ‘‘Reserve Dental Insur19 ance program’’ includes—

20 (1) the dental insurance plan required under

21 paragraph (1) of section 1076a(a) of title 10, United

22 States Code; and

23 (2) any dental insurance plan established under

24 paragraph (2) or (4) of section 1076a(a) of title 10,

25 United States Code.
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1 TITLE XVI—TRANSITION

2 SERVICES

3 SEC. 1601. SHORT TITLE.

4 This title may be cited as the ‘‘Veterans’ Enhanced

5 Transition Services Act of 2005’’.

6 SEC. 1602. IMPROVED ADMINISTRATION OF TRANSITIONAL

7 ASSISTANCE PROGRAMS.

8 (a) PRESEPARATION COUNSELING.—Section 1142 of

9 title 10, United States Code, is amended—

10 (1) in subsection (a)—

11 (A) by redesignating paragraph (4) as

12 paragraph (5); and

13 (B) by inserting after paragraph (3) the

14 following new paragraph (4):

15 ‘‘(4) For members of the reserve components of the

16 armed forces (including members of the National Guard

17 on active duty under title 32) who have been serving on

18 active duty continuously for at least 180 days, the Sec19 retary concerned shall provide preseparation counseling

20 under this section on an individual basis to all such mem21 bers before such members are separated.’’; and

22 (2) in subsection (b)—

23 (A) in paragraph (4), by striking ‘‘(4) In24 formation concerning’’ and inserting the fol25 lowing:
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1 ‘‘(4) Provision of information on civilian occu2 pations and related assistance programs, including

3 information concerning—

4 ‘‘(A) certification and licensure require5 ments that are applicable to civilian occupa6 tions;

7 ‘‘(B) civilian occupations that correspond

8 to military occupational specialties; and

9 ‘‘(C)’’; and

10 (B) by adding at the end the following:

11 ‘‘(11) Information concerning the priority of

12 service for veterans in the receipt of employment,

13 training, and placement services provided under

14 qualified job training programs of the Department

15 of Labor.

16 ‘‘(12) Information concerning veterans small

17 business ownership and entrepreneurship programs

18 of the Small Business Administration and the Na19 tional Veterans Business Development Corporation.

20 ‘‘(13) Information concerning employment and

21 reemployment rights and obligations under chapter

22 43 of title 38.

23 ‘‘(14) Information concerning veterans pref24 erence in federal employment and federal procure25 ment opportunities.
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1 ‘‘(15) Contact information for housing coun2 seling assistance.

3 ‘‘(16) A description, developed in consultation

4 with the Secretary of Veterans Affairs, of health

5 care and other benefits to which the member may be

6 entitled under the laws administered by the Sec7 retary of Veterans Affairs.’’.

8 (b) CONFORMING AND CLERICAL AMENDMENTS.—

9 (1) CONFORMING AMENDMENT.—The heading

10 of such section is amended to read as follows:

11 ‘‘§ 1142. Members separating from active duty:

12 preseparation counseling’’.

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 58 of title 10,

15 United States Code, is amended by striking the item

16 relating to section 1142 and inserting the following:

‘‘1142. Members separating from active duty: preseparation counseling.’’.

17 (c) DEPARTMENT OF LABOR TRANSITIONAL SERV18 ICES PROGRAM.—Section 1144 of title 10, United States

19 Code, is amended—

20 (1) in subsection (a)(1), by striking ‘‘paragraph

21 (4)(A)’’ in the second sentence and inserting ‘‘para22 graph (5)(A)’’; and

23 (2) by adding at the end the following new sub24 section:
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1 ‘‘(e) TRAINING SUPPORT MATERIALS.—The Sec2 retary concerned shall, on a continuing basis and in co3 operation with the Secretary of Labor, update the content

4 of all materials used by the Department of Labor that pro5 vide direct training support to personnel who provide tran6 sitional services counseling under this section.’’.

7 SEC. 1603. FOLLOW UP ASSISTANCE FOR MEMBERS OF THE

8 ARMED FORCES AFTER PRESEPARATION

9 PHYSICAL EXAMINATIONS.

10 Section 1145(a) of title 10, United States Code, is

11 amended by adding at the end the following new para12 graph:

13 ‘‘(5)(A) The Secretary of Defense shall, in consulta14 tion with the Secretary of Veterans Affairs, ensure that

15 appropriate actions are taken to assist a member of the

16 armed forces who, as a result of a medical examination

17 under paragraph (4), receives an indication for a referral

18 for follow up treatment from the health care provider who

19 performs the examination.

20 ‘‘(B) Assistance provided to a member under para21 graph (1) shall include the following:

22 ‘‘(i) Information regarding, and any appropriate

23 referral for, the care, treatment, and other services

24 that the Secretary of Defense or the Secretary of
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1 Veterans Affairs may provide to such member under

2 any other provision of law, including—

3 ‘‘(I) clinical services, including counseling

4 and treatment for post-traumatic stress dis5 order and other mental health conditions; and

6 ‘‘(II) any other care, treatment, and serv7 ices.

8 ‘‘(ii) Information on the private sector sources

9 of treatment that are available to the member in the

10 member’s community.

11 ‘‘(iii) Assistance to enroll in the health care sys12 tem of the Department of Veterans Affairs for

13 health care benefits for which the member is eligible

14 under laws administered by the Secretary of Vet15 erans Affairs.’’.

16 SEC. 1604. REPORT ON TRANSITION ASSISTANCE PRO17 GRAMS.

18 (a) REPORT REQUIRED.—Not later than May 1,

19 2006, the Secretary of Defense shall, in consultation with

20 the Secretary of Labor and the Secretary of Veterans Af21 fairs, submit to Congress a report on the actions taken

22 to ensure that the Transition Assistance Programs for

23 members of the Armed Forces separating from the Armed

24 Forces (including members of the regular components of

25 the Armed Forces and members of the reserve components
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1 of the Armed Forces) function effectively to provide such

2 members with timely and comprehensive transition assist3 ance when separating from the Armed Forces.

4 (b) FOCUS ON PARTICULAR MEMBERS.—The report

5 required by subsection (a) shall include particular atten6 tion to the actions taken with respect to the Transition

7 Assistance Programs to assist the following members of

8 the Armed Forces:

9 (1) Members deployed to Operation Iraqi Free10 dom.

11 (2) Members deployed to Operation Enduring

12 Freedom.

13 (3) Members deployed to or in support of other

14 contingency operations.

15 (4) Members of the National Guard activated

16 under the provisions of title 32, United States Code,

17 in support of relief efforts for Hurricane Katrina

18 and Hurricane Rita.

Passed the Senate November 15, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1043

AN ACT

To authorize appropriations for fiscal year 2006 for

poses.year for the Armed Forces, and for other purto prescribe personnel strengths for such fiscalmilitary activities of the Department of Defense,